Vol. 82 Monday, No. 121 June 26, 2017

Pages 28747–28982

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 121

Monday, June 26, 2017

Agricultural Marketing Service Coast Guard RULES RULES Marketing Orders: Drawbridge Operations: Tart Cherries Grown in the States of Michigan, et al., Long Creek, Hempstead, NY, 28772–28773 28749–28755 Safety Zones: Danvers River, Beverly, MA, 28773–28775 Agricultural Research Service Special Local Regulations: NOTICES Zimovia Strait, Wrangell, AK, 28770–28772 Exclusive Licenses; Approvals: PROPOSED RULES Oregon State University, 28814 Safety Zones: Delaware River; Pipe-Removal, 28796–28798 Agriculture Department Nights in Venice Fireworks, Beach Thorofare, Ocean City, See Agricultural Marketing Service NJ, 28798–28800 See Agricultural Research Service NOTICES See National Agricultural Statistics Service Certificates of Alternative Compliance: NOTICES Tug Independence, 28873–28874 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 28814–28815 Merchant Marine Personnel Advisory Committee, 28871– 28873 Antitrust Division NOTICES Commerce Department Proposed Final Judgments and Competitive Impact See Census Bureau Statements: See Economic Analysis Bureau United States v. General Electric Co., et al., 28877–28886 See Foreign-Trade Zones Board United States, et al. v. The Dow Chemical Co., et al., See International Trade Administration 28887–28906 See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Census Bureau NOTICES Commodity Futures Trading Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Commission Delegated Authority Provisions and Technical 2018 National Sample Survey of Registered Nurses, Amendments, 28763–28770 28817–28818 Generic Clearance for Internet Nonprobability Panel Consumer Product Safety Commission Pretesting, 28816–28817 NOTICES Agency Information Collection Activities; Proposals, Centers for Disease Control and Prevention Submissions, and Approvals: NOTICES Contests, Challenges, and Awards, 28829 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28850–28851 Copyright Royalty Board PROPOSED RULES Centers for Medicare & Medicaid Services Proceedings of the Copyright Royalty Board; Violation of NOTICES Standards of Conduct, 28800–28801 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28851–28853 Corporation for National and Community Service Hospital Accreditation Programs; NOTICES Center for Improvement in Healthcare Quality, 28853– Agency Information Collection Activities; Proposals, 28855 Submissions, and Approvals, 28829–28832

Children and Families Administration Economic Analysis Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Development of Outdoor Recreation Satellite Account (To Submissions, and Approvals: Define and Measure the Economic Impact of Outdoor Evaluation of Employment Coaching for TANF and Other Recreation), 28818–28819 Low-Income Populations, 28856–28857 Multistate Financial Institution Data Match and Federally Energy Department Assisted State Transmitted Levy, 28855–28856 See Federal Energy Regulatory Commission NOTICES Civil Rights Commission Applications To Export Electric Energy: NOTICES MAG Energy Solutions, Inc., 28833 Meetings: Rainbow Energy Marketing Corp., 28834 Louisiana Advisory Committee, 28816 Talen Energy Marketing, LLC, 28833–28834

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Authority To Export and Import Liquefied Natural Gas: Federal Railroad Administration Downeast LNG, Inc., et al., 28834–28836 NOTICES Self-Certifications: Applications for Approval of Discontinuance or Coal Capability Under the Powerplant and Industrial Fuel Modification of a Railroad Signal System, 28931–28932 Use Act, 28832 Petitions for Waivers of Compliance: Southern California Regional Rail Authority, 28932 Environmental Protection Agency RULES Federal Reserve System Air Quality State Implementation Plans; Approvals and RULES Promulgations: Extensions of Credit by Federal Reserve Banks, 28755– Indiana; CFR Update, 28775–28777 28756 Effluent Limitations Guidelines and Standards for Dental Reserve Requirements of Depository Institutions, 28757– Category, 28777 28758 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Federal Transit Administration Promulgations: NOTICES Indiana; CFR Update, 28801–28802 Environmental Impact Statements; Availability, etc.: Federal Accounting Standards Advisory Board West Santa Ana Branch Transit Corridor Project, Los NOTICES Angeles, CA, 28932–28934 Guidance: Implementation for Establishing Opening Balances, 28848 Fish and Wildlife Service NOTICES Federal Aviation Administration Endangered and Threatened Species: RULES Exemption From Threatened Species Permits for a Airworthiness Directives: Qualifying Beluga Sturgeon Aquaculture Facility, DG Flugzeugbau GmbH Gliders, 28758–28760 28875 PROPOSED RULES Pima Pineapple Cactus (Coryphantha scheeri var. Amendment, Revocation, and Establishment of Class D and robustispina) Draft Recovery Plan, 28875–28877 E Airspace: Enid Vance AFB, OK; Enid Woodring Municipal Airport, Food and Drug Administration OK; Enid, OK; and Vance AFB, OK, 28794–28796 NOTICES Special Conditions: Agency Information Collection Activities; Proposals, General Electric Company, GE9X Engine Models; Submissions, and Approvals: Endurance Test Special Conditions, 28790–28793 Annual Reporting for Custom Device Exemption, 28860– Safran Aircraft Engines, Silvercrest–2 SC–2D; Rated 28861 Takeoff Thrust at High Ambient Temperature, Extralabel Drug Use in Animals, 28858–28860 28788–28790 Reports of Corrections and Removals, 28857–28858 NOTICES Meetings: Meetings: Arthritis Advisory Committee, 28861–28862 Drone Advisory Committee, 28929 Priority Review Vouchers: RTCA SC–225 Rechargeable Lithium Batteries and Rare Pediatric Disease Product, 28860 Battery Systems Plenary, 28929–28930 RTCA SC–228 Plenary Session, 28929 Foreign Assets Control Office NOTICES Federal Deposit Insurance Corporation Blocking or Unblocking of Persons and Properties, 28938– NOTICES 28939 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28848–28849 Foreign-Trade Zones Board Federal Energy Regulatory Commission NOTICES NOTICES Reorganizations Under Alternative Site Framework: Applications: Foreign-Trade Zone 229, Charleston, WV, 28819 Kaukauna Utilities, 28846–28847 Combined Filings, 28836, 28845–28848 Health and Human Services Department Environmental Impact Statements; Availability, etc.: See Centers for Disease Control and Prevention Jordan Cove Energy Project, LP and Pacific Connector Gas See Centers for Medicare & Medicaid Services Pipeline, LP, Jordan Cove LNG Terminal and Pacific See Children and Families Administration Connector Pipeline Projects, 28837–28845 See Food and Drug Administration Initial Market-Based Rate Filings Including Requests for See Health Resources and Services Administration Blanket Section 204 Authorizations: See National Institutes of Health Bayshore Solar A, LLC, 28848 See Substance Abuse and Mental Health Services HD Project One LLC, 28836 Administration Federal Motor Carrier Safety Administration Health Resources and Services Administration NOTICES NOTICES Parts and Accessories Necessary for Safe Operation; List of Petitions: Exemption Applications: National Vaccine Injury Compensation Program, 28864– Daimler Trucks North America, LLC, 28930–28931 28866

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Lists of Designated Primary Medical Care, Mental Health, Maritime Administration and Dental Health Professional Shortage Areas, 28863– NOTICES 28864 Meetings: Low-Income Levels Used for Various Health Professions U.S. Merchant Marine Academy Board of Visitors, and Nursing Programs Authorized in the Public Health 28934–28935 Service Act, 28862–28863 National Aeronautics and Space Administration Homeland Security Department RULES See Coast Guard Implementation of the Federal Civil Penalties Inflation See U.S. Immigration and Customs Enforcement Adjustment Act, 28760–28763 Interior Department See Fish and Wildlife Service National Agricultural Statistics Service RULES NOTICES Waiving Departmental Review of Appraisals and Valuations Agency Information Collection Activities; Proposals, of Indian Property, 28777–28785 Submissions, and Approvals, 28815–28816

Internal Revenue Service NOTICES National Institute of Standards and Technology Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 28939–28943 Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Administration Small Business Innovation Research Program Application NOTICES Cover Sheet, 28827 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Institutes of Health Dioctyl Terephthalate From the Republic of Korea, NOTICES 28824–28826 Meetings: Passenger Vehicle and Light Truck Tires From the Center for Scientific Review, 28867–28868 People’s Republic of China, 28819–28820, 28823– National Center for Advancing Translational Sciences, 28824 28869 Export Trade Certificates of Review: National Center for Complementary and Integrative California Almond Export Association, LLC, 28826 Health, 28867 Fee Schedule: National Eye Institute, 28868 National Travel and Tourism Office for the Advance National Heart, Lung, and Blood Institute, 28868 Passenger Information System/I–92 Program, I–94 National Human Genome Research Institute, 28869 International Arrivals Program, and Survey of National Institute of Diabetes and Digestive and Kidney International Air Travelers Program, 28820–28823 Diseases, 28866–28867 National Institute on Drug Abuse, 28868–28869 Justice Department See Antitrust Division NOTICES National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Fisheries Off West Coast States: Request To Be Included on the List of Pro Bono Legal Modifications of the West Coast Commercial Salmon Service Providers for Individuals in Immigration Fisheries; Inseason Actions Number 1 Through Proceedings, 28906 Number 4, 28785–28787 PROPOSED RULES Labor Department Endangered and Threatened Species: NOTICES 90–day Finding on a Petition To List 10 Species of Giant Agency Information Collection Activities; Proposals, Clams as Threatened or Endangered Under the Submissions, and Approvals: Endangered Species Act, 28946–28977 Application for Use of Public Space by Non-DOL Endangered and Threatened Wildlife and Plants: Agencies in the Frances Perkins Building, 28909– Proposed Endangered Listing Determination for the 28910 Taiwanese Humpback Dolphin Under the Logging Operations Standard, 28908–28909 Endangered Species Act, 28802–28813 Records of Tests and Examinations of Mine Personnel NOTICES Review of National Marine Sanctuaries and Marine Hoisting Equipment, 28907–28908 National Monuments Designated or Expanded, 28827– Report on Occupational Employment and Wages, 28906– 28829 28907

Legal Services Corporation Nuclear Regulatory Commission NOTICES NOTICES Meetings; Sunshine Act, 28910 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Library of Congress Design Information Questionnaire, 28911–28912 See Copyright Royalty Board Meetings; Sunshine Act, 28910–28911

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Personnel Management Office Surface Transportation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Quarterly Rail Cost Adjustment Factor, 28928–28929 Submissions, and Approvals: Occupational Questionnaire, 28912 Transportation Department See Federal Aviation Administration Pipeline and Hazardous Materials Safety Administration See Federal Motor Carrier Safety Administration NOTICES See Federal Railroad Administration Special Permit Applications, 28935–28938 See Federal Transit Administration Presidential Documents See Maritime Administration EXECUTIVE ORDERS See Pipeline and Hazardous Materials Safety Executive Order 13597; Amendment (EO 13802), 28747– Administration 28748 ADMINISTRATIVE ORDERS Treasury Department Consolidated Appropriations Act, 2017; Delegation of See Foreign Assets Control Office Authority (Memorandum of June 21, 2017), 28979– See Internal Revenue Service 28981 U.S. Immigration and Customs Enforcement Securities and Exchange Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 28912–28913 Immigration Bond, 28874 Applications: 1889 BDC, Inc., et al., 28913–28917 Self-Regulatory Organizations; Proposed Rule Changes: Veterans Affairs Department Bats EDGA Exchange, Inc., 28920–28924 NOTICES Bats EDGX Exchange, Inc., 28924–28927 Agency Information Collection Activities; Proposals, Financial Industry Regulatory Authority, Inc., 28917– Submissions, and Approvals: 28919 Fiduciary Agreement, 28944 ICE Clear Europe Ltd., 28919–28920 The Veterans’ Outcome Assessment, 28943–28944 Small Business Administration NOTICES Separate Parts In This Issue Disaster Declarations: Tennessee, 28927 Part II State Department Commerce Department, National Oceanic and Atmospheric NOTICES Administration, 28946–28977 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Part III Birth Affidavit, 28928 Presidential Documents, 28979–28981 Meetings: Digital Sequence Information on Genetic Resources, 28927–28928 Reader Aids Consult the Reader Aids section at the end of this issue for Substance Abuse and Mental Health Services phone numbers, online resources, finding aids, and notice Administration of recently enacted public laws. NOTICES To subscribe to the Federal Register Table of Contents Agency Information Collection Activities; Proposals, electronic mailing list, go to https://public.govdelivery.com/ Submissions, and Approvals, 28870–28871 accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or Center for Substance Abuse Treatment, 28869 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Executive Orders: 13597 (Amended by EO 13802)...... 28747 13802...... 28747 Administrative Orders: Memorandums: Memorandum of June 21, 2017 ...... 28981 7 CFR 930...... 28749 12 CFR 201...... 28755 204...... 28757 14 CFR 39...... 28758 1264...... 28760 1271...... 28760 Proposed Rules: 33 (2 documents) ...... 28788, 28790 71...... 28794 17 CFR 5...... 28763 11...... 28763 16...... 28763 17...... 28763 18...... 28763 19...... 28763 20...... 28763 21...... 28763 48...... 28763 140...... 28763 150...... 28763 33 CFR 100...... 28770 117...... 28772 165...... 28773 Proposed Rules: 165 (2 documents) ...... 28796, 28798 37 CFR Proposed Rules: 350...... 28800 40 CFR 52...... 28775 441...... 28777 Proposed Rules: 52...... 28801 43 CFR 100...... 28777 50 CFR 660...... 28785 Proposed Rules: 223...... 28946 224 (2 documents) ...... 28802, 28946

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Federal Register Presidential Documents Vol. 82, No. 121

Monday, June 26, 2017

Title 3— Executive Order 13802 of June 21, 2017

The President Amending Executive Order 13597

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to support the essential functions of the Department of State’s Bureau of Consular Affairs, it is hereby ordered as follows: Section 1. Amendment to Executive Order 13597. Executive Order 13597 of January 19, 2012 (Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness), is amended by deleting subsection (b)(ii) of section 2 of that order. Sec. 2. Updated Implementation Plan. The Secretaries of State and Homeland Security, in consultation with the heads of such executive departments and agencies as appropriate, shall revise the implementation plan described in section 2(b) of Executive Order 13597, as necessary and appropriate, consistent with the amendment described in section 1 of this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, June 21, 2017.

[FR Doc. 2017–13458 Filed 6–23–17; 8:45 am] Billing code 3295–F7–P

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Rules and Regulations Federal Register Vol. 82, No. 121

Monday, June 26, 2017

This section of the FEDERAL REGISTER Marketing Order and Agreement would rule on the petition. The Act contains regulatory documents having general Division, Specialty Crops Program, provides that the district court of the applicability and legal effect, most of which AMS, USDA, 1400 Independence United States in any district in which are keyed to and codified in the Code of Avenue SW., STOP 0237, Washington, the handler is an inhabitant, or has his Federal Regulations, which is published under DC 20250–0237; Telephone: (202) 720– or her principal place of business, has 50 titles pursuant to 44 U.S.C. 1510. 2491, Fax: (202) 720–8938, or Email: jurisdiction to review USDA’s ruling on The Code of Federal Regulations is sold by [email protected]. the petition, provided an action is filed the Superintendent of Documents. SUPPLEMENTARY INFORMATION: This final not later than 20 days after the date of rule is issued under Marketing the entry of the ruling. Agreement and Order No. 930, both as This final rule establishes free and DEPARTMENT OF AGRICULTURE amended (7 CFR part 930), regulating restricted percentages for the 2016–17 crop year. This rule establishes the Agricultural Marketing Service the handling of tart cherries produced in the States of Michigan, New York, proportion of tart cherries from the 2016 crop which may be handled in 7 CFR Part 930 Pennsylvania, Oregon, Utah, Washington and Wisconsin, hereinafter commercial outlets at 71 percent free [Doc. No. AMS–SC–16–0105; SC16–930–5 referred to as the ‘‘order.’’ The order is and 29 percent restricted. This action FR] effective under the Agricultural should stabilize marketing conditions Marketing Agreement Act of 1937, as by adjusting supply to meet market Tart Cherries Grown in the States of amended (7 U.S.C. 601–674), hereinafter demand and help improve grower Michigan, et al.; Free and Restricted returns. The carry-out and the final Percentages for the 2016–17 Crop Year referred to as the ‘‘Act.’’ The Department of Agriculture percentages were recommended by the for Tart Cherries (USDA) is issuing this rule in Cherry Industry Administrative Board AGENCY: Agricultural Marketing Service, conformance with Executive Orders (Board) at a meeting on September 8, USDA. 13563 and 13175. 2016. ACTION: Final rule. This action falls within a category of Section 930.51(a) of the order regulatory actions that the Office of provides authority to regulate volume SUMMARY: This rule implements a Management and Budget (OMB) has by designating free and restricted recommendation from the Cherry exempted from Executive Order 12866 percentages for any tart cherries Industry Administrative Board (Board) review. Additionally, because this rule acquired by handlers in a given crop to establish free and restricted does not meet the definition of a year. Section 930.50 prescribes percentages for the 2016–17 crop year significant regulatory action it does not procedures for computing an optimum under the marketing order for tart trigger the requirements contained in supply based on sales history and for cherries grown in the states of Michigan, Executive Order 13771. See OMB’s calculating these free and restricted New York, Pennsylvania, Oregon, Utah, Memorandum titled ‘‘Interim Guidance percentages. Free percentage volume Washington, and Wisconsin (order). The Implementing Section 2 of the Executive may be shipped to any market, while Board locally administers the marketing Order of January 30, 2017 titled restricted percentage volume must be order and is comprised of producers and ‘Reducing Regulation and Controlling held by handlers in a primary or handlers of tart cherries operating Regulatory Costs’ ’’ (February 2, 2017). secondary reserve, or be diverted or within the production area, and a public This final rule has been reviewed used for exempt purposes as prescribed member. This action establishes the under Executive Order 12988, Civil in §§ 930.159 and 930.162 of the proportion of tart cherries from the 2016 Justice Reform. Under the order regulations. Exempt purposes include, crop which may be handled in provisions now in effect, free and in part, the development of new commercial outlets at 71 percent free restricted percentages may be products, sales into new markets, the and 29 percent restricted. These established for tart cherries handled development of export markets, and percentages should stabilize marketing during the crop year. This final rule charitable contributions. Sections conditions by adjusting supply to meet establishes free and restricted 930.55 through 930.57 prescribe market demand and help improve percentages for tart cherries for the procedures for inventory reserve. For grower returns. 2016–17 crop year, beginning July 1, cherries held in reserve, handlers would DATES: Effective June 27, 2017. 2016, through June 30, 2017. be responsible for storage and would FOR FURTHER INFORMATION CONTACT: The Act provides that administrative retain title of the tart cherries. Steven W. Kauffman, Marketing proceedings must be exhausted before Under § 930.52, only those districts Specialist, or Christian D. Nissen, parties may file suit in court. Under with an annual average production over Regional Director, Southeast Marketing section 608c(15)(A) of the Act, any the prior three years of at least six Field Office, Marketing Order and handler subject to an order may file million pounds are subject to regulation, Agreement Division, Specialty Crops with USDA a petition stating that the and any district producing a crop which Program, AMS, USDA; Telephone: (863) order, any provision of the order, or any is less than 50 percent of its annual 324–3375, Fax: (863) 291–8614, or obligation imposed in connection with average of the previous five years is Email: [email protected] the order is not in accordance with law exempt. The regulated districts for the or [email protected]. and request a modification of the order 2016–17 crop year are: District 1— Small businesses may request or to be exempted therefrom. A handler Northern Michigan; District 2—Central information on complying with this is afforded the opportunity for a hearing Michigan; District 3—Southern regulation by contacting Richard Lower, on the petition. After the hearing, USDA Michigan; District 4—New York; District

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7—Utah; District 8—Washington; and marketing-orders) specify that 110 The Board then discussed whether District 9—Wisconsin. Districts 5 and 6 percent of recent years’ sales should be this calculation would provide (Oregon and Pennsylvania, respectively) made available to primary markets each sufficient supply to grow sales while are not regulated for the 2016–17 season before recommendations for being able to supply orders that are season. volume regulation are approved. This already scheduled, including filling Demand for tart cherries and tart requirement is codified in § 930.50(g) of remaining orders from a USDA purchase cherry products tends to be relatively the order, which specifies that, in years made the previous season. The Board, stable from year to year. Conversely, when restricted percentages are after considering anticipated supply annual tart cherry production can vary established, the Board shall make needs for the 2016–17 season, decided greatly. In addition, tart cherries are available tonnage equivalent to an to make an economic adjustment of 22 processed and can be stored and carried additional 10 percent of the average over from crop year to crop year, further million pounds to increase the available sales of the prior three years for market supply of tart cherries. This economic impacting supply. As a result, supply expansion (market growth factor). and demand for tart cherries are rarely adjustment further reduced the After the Board determines optimum preliminary surplus to 100.6 million in balance. supply, desirable carry-out, and market pounds. After these adjustments, the Because demand for tart cherries is growth factor, it must examine the preliminary restricted percentage was inelastic, total sales volume is not very current year’s available volume to responsive to changes in price. determine whether there is an recalculated as 29 percent (100.6 However, prices are very sensitive to oversupply situation. Available volume million pounds divided by 348 million changes in supply. As such, an includes carry-in inventory (any pounds). oversupply of cherries can have a sharp inventory available at the beginning of The Board met again on September 8, negative effect on prices, driving down the season) along with that season’s 2016, to consider final volume grower returns. The Board, aware of this production. If production is greater than regulation percentages for the 2016–17 economic relationship, focuses on using the optimum supply minus carry-in, the season. The final percentages are based the volume control provisions in the difference is considered surplus. This order to balance supply and demand to on the Board’s reported production surplus tonnage is divided by the sum stabilize industry returns. figures and the supply and demand of production in the regulated districts Pursuant to § 930.50 of the order, the information available in September. The Board meets on or about July 1 to review to reach a restricted percentage. This total production for the 2016–17 season sales data, inventory data, current crop percentage must be held in reserve or was 341 million pounds, 10 million forecasts and market conditions for the used for approved diversion activities, pounds below the Board’s June estimate. upcoming season and, if necessary, to such as exports. In addition, growers diverted 26 million recommend preliminary free and The Board met on June 23, 2016, and pounds in the orchard, leaving 315 restricted percentages if anticipated computed an optimum supply of 287 million pounds available to market, 310 supply would exceed demand. After million pounds for the 2016–17 crop million pounds of which are in the year using the average of free sales for harvest is complete, but no later than restricted districts. Using the actual the three previous seasons and a September 15, the Board meets again to production numbers, and accounting for update its calculations using actual desirable carry-out of 57 million pounds. The Board determined three the recommended desirable carry-out production data, consider any necessary and economic adjustment, as well as the adjustments to the preliminary months of sales would be a good estimate for what was needed at the end market growth factor, the restricted percentages, and determine if final free percentage was recalculated. and restricted percentages should be of the season, as there is a three-month recommended to the Secretary. gap between the calculation of carry-out The Board subtracted the carry-in The Board uses sales history, at the end of one season and the figure used in June of 81.3 million inventory, and production data to availability of fruit in the next season. pounds from the optimum supply of 287 determine whether there is a surplus, The recommended carry-out of 57 million pounds to determine 205.7 and if so, how much volume should be million pounds is approximately a million pounds of 2016–17 production restricted to maintain optimum supply. quarter of average annual sales. would be necessary to reach optimum The optimum supply represents the The Board then subtracted the supply. The Board subtracted the 205.7 desirable volume of tart cherries that estimated carry-in of 81.3 million million pounds from the actual should be available for sale in the pounds from the optimum supply to production of 341.3 million pounds, coming crop year. Optimum supply is calculate the production needed from resulting in a surplus of 135.6 million defined as the average free sales of the the 2016–17 crop to meet optimum pounds of tart cherries. The surplus was prior three years plus desirable carry- supply. This number, 205.7 million then reduced by subtracting the out inventory. Desirable carry-out is the pounds, was subtracted from the economic adjustment of 22 million Board’s estimated 2016–17 production amount of fruit needed by the industry pounds and the market growth factor of of 351.3 million pounds to calculate a to be carried into the succeeding crop 23 million pounds, resulting in an year to meet market demand until the surplus of 145.6 million pounds of tart adjusted surplus of 90.6 million pounds. new crop is available. Desirable carry- cherries. The Board also complied with The Board then divided this final out is set by the Board after considering the market growth factor requirement by surplus by the available production of market circumstances and needs. adding 23 million pounds (average sales Section 930.151(b) specifies that for prior three years of 230 million times 310 million pounds in the regulated desirable carry-out can range from zero 10 percent) to the free supply. The districts (336.1 million pounds minus to a maximum of 100 million pounds. surplus minus the market growth factor 26.4 million pounds of in-orchard In addition, USDA’s ‘‘Guidelines for was then divided by the expected diversion) to calculate a restricted Fruit, Vegetable, and Specialty Crop production in the regulated districts percentage of 29 percent with a Marketing Orders’’ (http:// (348 million pounds) to reach a corresponding free percentage of 71 www.ams.usda.gov/publications/ preliminary restricted percentage of 35 percent for the 2016–17 crop year, as content/1982-guidelines-fruit-vegetable- percent for the 2016–17 crop year. outlined in the following table:

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Millions Some members opposed to the unduly or disproportionately burdened. of pounds proposed restriction expressed concern Marketing orders issued pursuant to the Final Calculations: regarding competition from imported Act, and rules issued thereunder, are (1) Average sales of the prior three tart cherry juice concentrate. In unique in that they are brought about years ...... 230.0 particular, they were concerned that the through group action of essentially (2) Plus desirable carry-out ...... 57.0 additional volume from imports is not small entities acting on their own (3) Optimum supply calculated by the Board ...... 287.0 accounted for in the Optimum Supply behalf. (4) Carry-in as of July 1, 2016 ...... 81.3 Formula (OSF), thus not capturing There are approximately 600 (5) Adjusted optimum supply (item 3 overall supply and demand. producers of tart cherries in the minus item 4) ...... 205.7 Others were of the opinion that the regulated area and approximately 40 (6) Board reported production ...... 341.3 (7) Surplus (item 6 minus item 5) ...... 135.6 Board’s recent actions to expand the use handlers of tart cherries who are subject (8) Total economic adjustments ...... 22.0 of diversion credits in new markets or to regulation under the order. Small (9) Market growth factor ...... 23.0 through grower diversion were allowing agricultural producers are defined by (10) Adjusted Surplus (item 7 minus the industry to remain competitive the Small Business Administration items 8 and 9) ...... 90.6 (11) Supply in regulated districts ...... 336.1 without making additional adjustments (SBA) as those having annual receipts of (12) In-Orchard Diversion ...... 26.4 to supply. Another member countered less than $750,000 and small that not all handlers are helped by new agricultural service firms have been (13) Production minus in orchard di- version ...... 309.7 market diversion credits and cannot sell defined as those whose annual receipts all of their product under a restriction. are less than $7,500,000 (13 CFR Final Percentages: Percent When asked how much of the market 121.201). Restricted (item 10 divided by item currently being served by imports could According to the National 13 × 100) ...... 29 Free (100 minus restricted percent- be supplied by the domestic handlers, Agricultural Statistics Service (NASS) age) ...... 71 some members stated they could utilize and Board data, the average annual the full adjusted calculated surplus of grower price for tart cherries during the The primary purpose of setting 90.6 million pounds. Others noted that 2015–16 season was approximately restricted percentages is an attempt to trying to compete for those markets by $0.347 per pound. With total utilization bring supply and demand into balance. matching the price of imported at 251.1 million pounds, the total 2015– If the primary market is oversupplied concentrate would drop grower returns 16 crop value is estimated at $87 with cherries, grower prices decline to an unsustainable level. million. Dividing the crop value by the substantially. Restricted percentages One member summarized that, estimated number of producers (600) have benefited grower returns and although there is a carrying cost for yields an estimated average annual helped stabilize the market as compared storing restricted fruit, and the industry receipt per producer of $145,000. This to those seasons prior to the appears to be at a trade disadvantage, is well below the SBA threshold for implementation of the order. The Board the Board should account for those small producers. In 2015, The Food believes the available information factors all the while focusing on Institute estimated a free on board indicates that a restricted percentage continuing to grow sales. Though there (f.o.b.) price of $0.96 per pound for should be established for the 2016–17 was much discussion regarding the frozen tart cherries, which make up the crop year to avoid oversupplying the market impact of imports, there was no majority of processed tart cherries. market with tart cherries. Consequently, motion made by any Board member to Multiplying the f.o.b price by total based on its discussion of this issue and make a further economic adjustment to utilization of 251.1 million pounds the result of the above calculations, the the calculation based on imported results in an estimated handler-level tart Board recommended final percentages product. cherry value of $241 million. Dividing of 71 percent free and 29 percent After reviewing the available data, this figure by the number of handlers restricted by a vote of 16 in favor, 2 and considering the concerns expressed, (40) yields an estimated average annual opposed, and 2 abstentions. the Board determined that a 29 percent handler receipts of $6 million, which is Though production came in below the restriction with a carry-out volume of 57 below the SBA threshold for small Board’s June, 2016, estimate, the initial million pounds meets sales needs and agricultural service firms. Assuming a restriction percentage remained the establishes some reserves without normal bell-curve distribution, the same due to the substantial in-orchard oversupplying the market. Thus, the majority of producers and handlers of diversion. During the discussion of the Board recommended establishing final tart cherries may be classified as small proposed restriction, several members percentages of 71 percent free and 29 entities. supported the proposed percentages as percent restricted. The Board could The tart cherry industry in the United there was no change from the meet and recommend the release of States is characterized by wide, annual preliminary 29 percent restriction additional volume during the crop year fluctuations in production. According to recommended in June. They believed if conditions so warranted. NASS, the pounds of tart cherry deviating from the percentages production for the years 2012 through announced in June would be disruptive Final Regulatory Flexibility Act 2015 were 85 million, 291 million, 301 to the industry, as processors have Pursuant to requirements set forth in million, and 251 million, respectively. already made agreements with growers. the Regulatory Flexibility Act (RFA) (5 Because of these fluctuations, supply Another member noted when there U.S.C. 601–612), the Agricultural and demand for tart cherries are rarely was a crop failure in 2012, there was not Marketing Service (AMS) has equal. enough reserve to maintain sales and considered the economic impact of this Demand for tart cherries is inelastic, warned against being unprepared in the action on small entities. Accordingly, meaning changes in price have a future. The member also noted that in AMS has prepared this final regulatory minimal effect on total sales volume. the last four years, even with volume flexibility analysis. However, prices are very sensitive to regulation and an increase in imported The purpose of the RFA is to fit changes in supply, and grower prices products, overall domestic sales have regulatory actions to the scale of vary widely in response to the large increased since 2013, including modest businesses subject to such actions in swings in annual supply, with prices growth in both juice and piefill. order that small businesses will not be ranging from a low of 7.3 cents per

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pound in 1987 to a high of 59.4 cents Placing tart cherries into reserves is pound. To assess the impact that per pound in 2012. also a key part of balancing supply and volume control has on the prices Because of this relationship between demand. Although handlers bear the growers receive for their product, an supply and price, oversupplying the handling and storage costs for fruit in econometric model has been developed. market with tart cherries would have a reserve, reserves stored in large crop Based on the model, the use of volume sharp negative effect on prices, driving years are used to supplement supplies control would have a positive impact on down grower returns. The Board, aware in short crop years. The reserves allow grower returns for this crop year. With of this economic relationship, focuses the industry to mitigate the impact of volume control, grower prices are on using the volume control authority in oversupply in large crop years, while estimated to be approximately $0.06 per the order to align supply with demand allowing the industry to maintain pound higher than without restrictions. and stabilize industry returns. This supply to markets in years when In addition, absent volume control, the authority allows the industry to set free production falls below demand. Further, industry could start to build large and restricted percentages as a way to storage and handling costs are more amounts of unwanted inventories. bring supply and demand into balance. than offset by the increase in price when These inventories would have a Free percentage cherries can be moving from a large crop to a short crop depressing effect on grower prices. marketed by handlers to any outlet, year. Retail demand is assumed to be while restricted percentage volume In addition, the Board recommended highly inelastic, which indicates that must be held by handlers in reserve, an increased carry-out of 57 million changes in price do not result in diverted, or used for exempted pounds and made a demand adjustment significant changes in the quantity purposes. of 22 million pounds in order to make demanded. Consumer prices largely do This rule controls the supply of tart the regulation less restrictive. Even with not reflect fluctuations in cherry cherries by establishing percentages of the restriction, over 300 million pounds supplies. Therefore, this action should 71 percent free and 29 percent restricted of fruit will be available to the domestic have little or no effect on consumer for the 2016–17 crop year. These market. Consequently, it is not prices and should not result in a percentages should stabilize marketing anticipated that this regulation will reduction in retail sales. conditions by adjusting supply to meet unduly burden growers or handlers. The free and restricted percentages While this action could result in some market demand and help improve established by this rule provide the additional costs to the industry, these grower returns. This rule regulates tart market with optimum supply and apply costs are more than outweighed by the cherries handled in Michigan, New uniformly to all regulated handlers in benefits. The purpose of setting York, Utah, Washington, and the industry, regardless of size. As the restricted percentages is to attempt to restriction represents a percentage of a Wisconsin. The authority for this action bring supply and demand into balance. is provided for in §§ 930.50, 930.51(a) If the primary market (domestic) is handler’s volume, the costs, when and 930.52 of the order. The Board oversupplied with cherries, grower applicable, are proportionate and recommended this action at a meeting prices decline substantially. Without should not place an extra burden on on September 8, 2016. volume control, the primary market will small entities as compared to large This rule will result in some fruit likely be oversupplied, resulting in entities. being diverted from the primary lower grower prices. The stabilizing effects of this action domestic markets. However, as The three districts in Michigan, along benefit all handlers by helping them mentioned earlier, the USDA’s with the districts in New York, Utah, maintain and expand markets, despite ‘‘Guidelines for Fruit, Vegetable, and Washington, and Wisconsin, are the seasonal supply fluctuations. Likewise, Specialty Crop Marketing Orders’’ restricted areas for this crop year with price stability positively impacts all (http://www.ams.usda.gov/publications/ a combined total production of 310 growers and handlers by allowing them content/1982-guidelines-fruit-vegetable- million pounds. A 29 percent restriction to better anticipate the revenues their marketing-orders) specify that 110 means 220 million pounds will be tart cherries would generate. Growers percent of recent years’ sales should be available to be shipped to primary and handlers, regardless of size, benefit made available to primary markets each markets from these five states. The 220 from the stabilizing effects of this season before recommendations for million pounds from the restricted restriction. In addition, the increased volume regulation are approved. The districts, 5 million pounds from the carry-out should provide processors quantity that is available under this unrestricted districts (Oregon and enough supply to meet market needs action is greater than 110 percent of the Pennsylvania), and the 81 million going into the next season. average quantity shipped in the prior pound carry-in inventory would make a The Board considered alternatives in three years. total of 306 million pounds available as its preliminary restriction discussions In addition, there are secondary uses free tonnage for the primary markets. that affected this action. Regarding available for restricted fruit, including This is similar to the 305 million demand, the Board began with the the development of new products, sales pounds of free tonnage made available actual sales average of 230 million into new markets, the development of last year. This is enough to cover the pounds. However, the Board noted that export markets, and being placed in 251 million pounds of total utilization some previously contracted sales would reserve. While these alternatives may in 2015–16, while providing substantial be due for delivery in the coming provide different levels of return than carry-out. Further, the Board could meet season. In order to avoid the sales to primary markets, they play and recommend the release of undersupplying the market, the Board an important role for the industry. The additional volume during the crop year determined that the calculation of the areas of new products, new markets, if conditions so warranted. optimum supply should include an and the development of export markets Prior to the implementation of the additional adjustment for that purpose. utilize restricted fruit to develop and order, grower prices often did not cover After discussion, an adjustment of an expand the markets for tart cherries. In the cost of production. The most recent additional 22 million pounds was made 2015–16, these activities accounted for costs of production determined by in the 2016–17 available supply of tart over 27 million pounds in sales, 12 representatives of Michigan State cherries as it was determined that this million of which were exports. University are an estimated $0.33 per amount would best meet the industry’s

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sales needs. Thus, the other alternative large and small, were able to express the Board’s recommended restriction is levels were rejected. views on this issue. arbitrary and capricious. Regarding the carry-out value, the A proposed rule concerning this The OSF presented to the Board Board considered a range of alternatives. action was published in the Federal included several adjustments to avoid One member suggested the Board begin Register on March 21, 2017 (82 FR the possibility of undersupplying the with 57 million pounds, approximately 14481). Copies of the rule were sent via market. In determining demand, the a quarter of average annual sales. Other email to all Board members and tart Board takes into account many factors, members suggested alternatives as high cherry handlers. Finally, the rule was including previous sales history and an as 70 million pounds. However, some made available through the internet by analysis of economic factors having a members were concerned about leaving USDA and the Office of the Federal bearing on the market. The final too much fruit on the market at the end Register. A 30-day comment period percentages recommended by the Board of the season and depressing prices ending April 20, 2017, was provided to included several adjustments to supply going into the next year. The Board allow interested persons to respond to additional fruit to the market. In determined three months of sales would the proposal. calculating these adjustments for be a good estimate for what is needed Eleven comments were received determining demand in the OSF, the at the end of the season, as there is a during the comment period in response Board also considered supplies of three-month gap between the to the proposal. Four comments favored competing commodities and the calculation of carry-out at the end of one the proposed regulation and seven additional ten percent added for the season and the availability of fruit from comments opposed the proposed market growth factor. This was noted by the next season. Thus, the other regulation. One comment received was one of the commenters voicing support alternatives were rejected. signed by 67 industry members. The for the proposed regulation. The In accordance with the Paperwork commenters included growers, economic adjustment added 22 million Reduction Act of 1995 (44 U.S.C. handlers, Board members, an industry pounds and the market growth factor Chapter 35), the order’s information representative, economic policy and law added 23 million pounds for an collection requirements have been students, individuals, and one additional 55 million pounds beyond previously approved by OMB and anonymous cherry consumer. Most of the average sales. assigned OMB No. 0581–0177, Tart the points made by the commenters in Under the order, when computing and Cherries Grown in the States of opposition had been discussed prior to determining final percentages for Michigan, New York, Pennsylvania, the Board’s vote recommending this recommendation to the Secretary, the Oregon, Utah, Washington, and action. Board must give consideration to several Wisconsin. No changes in those The comment signed by 67 industry factors including supplies of competing requirements as a result of this action members asserted the United States commodities and economic factors are necessary. Should any changes government import data indicate that 40 having a bearing on cherry markets. At become necessary, they would be percent of tart cherry consumption in the meetings on June 23, 2016, and submitted to OMB for approval. the 2015 season was from imported September 8, 2016, the Board discussed This action will not impose any products. AMS’s analysis of the Foreign its concerns regarding the economic additional reporting or recordkeeping Agricultural Service’s Global impact of imports. At the September requirements on either small or large Agricultural Trade System (GATS) meeting, following the motion to adopt tart cherry handlers. As with all Federal indicates an equivalent of more than the OSF as presented, several comments marketing order programs, reports and 230 million pounds of cherries products and observations were made regarding forms are periodically reviewed to were imported into the U.S. in the 2016 the matter of imports. However, none of reduce information requirements and season. The imported volume has the members suggested an alternative duplication by industry and public remained above 230 million pounds adjustment for imports. Additionally, sector agencies. since the 2014 season. According to the the Board did not propose amending the As noted in the initial regulatory data, tart cherry juice concentrate order language in section 930.50 to flexibility analysis, USDA has not represents by far the largest segment of include imports as a factor in identified any relevant Federal rules imports and has experienced calculating the OSF. Most of the that duplicate, overlap, or conflict with tremendous growth beginning in 2012. comments at the September meeting this final rule. Further, the public Five of the comments in opposition, supported the motion to adopt the OSF comments received concerning the including the comment signed by 67 as presented. proposal did not address the initial industry members, reference the The comment with 67 signatures also regulatory flexibility analysis. absence of imported tart cherry products states that the domestic industry has AMS is committed to complying with in the OSF. All of these commenters been unable to supply the significant the E-Government Act, to promote the implied that not including imported tart growth in consumption of dried and use of the internet and other cherry products into the OSF juiced cherry products. Data concur that information technologies to provide calculation disregards a large portion of domestic production alone would not increased opportunities for citizen the demand for tart cherries. As a result, replace the imported volume in recent access to Government information and these commenters since believe the years. However, the Board reported services, and for other purposes. proposed rule fails to bring supply into steady or increased overall domestic In addition, the Board’s meeting was balance with demand in the targeted sales from 2013–15, even though each of widely publicized throughout the tart market. The comment with 67 those seasons were regulated. The use of cherry industry, and all interested signatures states the federal marketing diversion credits allowed handlers to persons were invited to attend the order does not account for the total ship an additional 27.5 million pounds meeting and participate in Board demand of tart cherry products in the of restricted fruit during the 2015–16 deliberations on all issues. Like all US because imported products are not season in addition to free sales. Despite Board meetings, the June 23, 2016, and included in the formula. Another this growth, the industry reported a September 8, 2016, meetings were commenter suggested not considering remaining free inventory of over 80 public meetings, and all entities, both imported products in the OSF indicates million pounds going into the crop year,

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suggesting availability of domestic fruit be forced to hold volume off the market producers to benefit from maximizing is not a concern. while imported products enter the the crop. The commenter also Also at the September meeting, a market freely. Contrary to the concluded the restriction would make it Board member stated an adjustment to commenter’s opinion, a Board member difficult for the industry to reach the OSF for imports is one alternative, at the September 8, 2016, meeting stated optimum supply. As previously but the Board’s preferred alternative was that placing excess cherries into the mentioned, this action does not restrict to use restricted cherries for supplying market as a method of countering tart cherry production. Production new and competing commodity imports would only lower grower prices decisions are made well in advance of markets. Therefore, alternatives were significantly and would not be positive the recommendation for volume considered consistent with Executive for the grower community. Another restriction, which is discussed just prior Order 13563. The member also stated Board member added that imports are to harvest and finalized following that restricting cherries under the order capturing a less profitable market while harvest. Unlike some other commodities aids in stabilizing grower prices. Placing the domestic industry is serving more like row crops, tree crops such as tart excess cherries into the market is profitable markets. cherries cannot be easily taken out of contrary to the purpose of the order. The One commenter indicated the OSF production. This action regulates only Board supports utilizing exempted was calculated incorrectly by including the handling of tart cherries. markets for restricted cherries as an the in-orchard diverted fruit as part of Regarding the commenter’s second alternative to storage. Exporting cherry production in the formula. This concern, USDA requires 110 percent of products and participating in new individual suggested if the in-orchard average sales be made available under product and new market projects allows diverted fruit was removed from any volume regulation. The Board handlers to sell restricted cherries into production, the percentage would be 21 recommended an economic adjustment these markets. percent, instead of 29 percent for the 2016–17 season to make even Should domestic handlers decide to restriction. However, 26.4 million more fruit available, going beyond the compete in these new markets, in most pounds of in-orchard diversion were initial optimum supply calculation. cases, restricted cherries could be used accounted for when calculating the While the restriction may not impact and the handler could receive diversion volume subject to restriction from the production costs, producers do credits under the diversion provisions regulated districts. This is consistent experience a drop in price when the of the order. Further, the Board recently with the method used to account for market is oversupplied. When the recommended extending the maximum fruit produced in unrestricted districts. market approaches optimum supply, length of these activities from three The total production (341.3 million prices tend to be more stable. years to five years, creating even more pounds) minus the in-orchard All four of the proponents of this opportunities to pursue new markets. diversions (26.4 million pounds) and action suggest the restriction will Consequently, handlers currently have production in unrestricted districts (5.2 stabilize the cherry industry’s economy. ample opportunity to compete for new million pounds) left 309.7 million Three of the proponents made reference markets using restricted cherries while pounds subject to restriction. The Board to the industry wide support for the continuing to service traditional markets divided the surplus of 90.6 million recommended restriction, as with unrestricted cherries. In addition, pounds by this volume to arrive at 29 represented by the Board’s vote in should industry efforts cause demand to percent restricted and 71 percent free which 16 members, the majority of the exceed available volume, the Board market cherries. Board, voted in favor, two abstained and could meet and recommend the release One comment, submitted twice, from two opposed the recommended of additional volume. two students in opposition to this restriction. One of these proponents Another commenter opposed to the 29 regulation suggested the government indicated this level of support is percent or approximately 90 million should not intervene and require cherry significantly greater than the requisite pound restriction indicated the total farmers to restrict supply. This two-thirds majority required for Board percent restriction, over the past three comment assumed the order restricts the action. Further, two proponents made years, was 69 percent. However, the amount of tart cherries that can be reference that the action is supported by percent restriction for each year cannot produced. Volume regulation under the a large majority of the industry. be added together to arrive at the total order is a tool for the tart cherry Three proponents of this action restriction over the last three years. The industry to stabilize market conditions recognized the Board’s consideration of calculation to derive the percent due to fluctuations in supply and the the opponents’ concerns in their restriction over the past three years is inelastic nature of demand for tart comments on the proposal. All three achieved by dividing the total adjusted cherries. This action does not regulate noted the matter of imports has been surplus by the total production in growers’ production of the commodity. addressed by the Board at several regulated districts over the past three This regulatory action is a restriction on meetings. One proponent recognized the years. The pounds of regulated domestic tart cherry products handled Board established a committee to production for 2014, 2015, and 2016 for the market. This regulation will only suggest alternative ways to increase seasons were 295 million with 59 restrict cherries purchased for handling. domestic juice and juice concentrate million restricted, 240 million with 47 Further, this action is a sales. Another commenter suggested if million restricted, and 310 million with recommendation from the tart cherry growers and processors want to account 91 million restricted, respectively. The industry as represented by the Board for imports in a way other than through total 197 million pounds of surplus made up of growers, handlers, and a adjustments, then the Board should divided by the total regulated member of the public. The Board focus on amending the order language production of 845 million equals a 23 considered not regulating as a possible for determining optimum supply to percent restriction. The miscalculation alternative, consistent with Executive account for imports. from the commenter in opposition Order 13563, but this consideration was All three proponents made reference overstated the total percent restriction rejected after reviewing production data. to the Board’s efforts in promoting the for the past three years by triple. One commenter opposed the exemption process as a method of This commenter also stated that restriction because it would reduce tart competing with imported cherry marketers of cherry products should not cherry production and not allow the products. One commenter noted the

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Board’s recommendation for extending impact imports have had on the market Authority: 7 U.S.C. 601–674. the time from one year to three years for for domestic tart cherries and then ■ 2. Section 930.151 is revised to read new product and new market account for that impact in the OSF. as follows: exemptions that was implemented in As previously stated, there are more the previous season. As mentioned than 309 million pounds of tart cherries § 930.151 Desirable carry-out inventory. previously, the Board has recommended available for free sales for 2016–17. This For the 2016 crop year, the desirable a further expansion of the timeframe. volume exceeds total sales from 2015– carry-out inventory, for the purposes of The additional time will allow 16 of both free and restricted cherries of determining an optimum supply opportunity for more cherries to qualify 288 million pounds. Further, the order volume, will be 57 million pounds. for exemption in response to the level provides numerous alternatives for the ■ 3. Section 930.256 is revised to read of imported cherry products. use of restricted fruit, such as handler as follows: One commenter referenced the diversion, for complying with the opportunities available to use both in- recommended restriction. Additionally, § 930.256 Free and restricted percentages orchard and post-harvest diversion to the USDA announced the intent to for the 2016–17 crop year. comply with a restriction. The purchase over 10 million pounds of The percentages for tart cherries commenter stated the Federal marketing cherry products in the 2016–2017 handled by handlers during the crop order provides major incentive to season as surplus purchases. Therefore, year beginning on July 1, 2016, which expand sales by using restricted fruit to as stated in the RFA, it is not shall be free and restricted, respectively, serve new markets, new products, and anticipated that this action will unduly are designated as follows: Free exports. Additionally, there is incentive burden growers or handlers. percentage, 71 percent and restricted in place for growers to divert excess Accordingly, no changes will be made percentage, 29 percent. fruit where there is no market or where to the rule as proposed, based on the Dated: June 20, 2017. the cost associated with marketing the comments received. Bruce Summers, fruit may not increase returns. Growers A small business guide on complying who choose to divert in the orchard can Acting Administrator, Agricultural Marketing with fruit, vegetable, and specialty crop Service. be issued certificates by the Board that marketing agreements and orders may [FR Doc. 2017–13241 Filed 6–23–17; 8:45 am] can be sold to handlers to meet their be viewed at: http://www.ams.usda.gov/ restriction requirements. rules-regulations/moa/small-businesses. BILLING CODE 3410–02–P One commenter noted the Board felt Any questions about the compliance the final calculations were appropriate. guide should be sent to Richard Lower They also stated that the majority of the at the previously mentioned address in FEDERAL RESERVE SYSTEM industry approved the order in its last the FOR FURTHER INFORMATION CONTACT 12 CFR Part 201 referendum, believing that the order section. brings more returns to growers. Another After consideration of all relevant [Docket No. R–1565; RIN 7100 AE–79] proponent noted, even with the matter presented, including the restriction, sales are not being lost due information and recommendation Regulation A: Extensions of Credit by to lack of available unrestricted cherries. submitted by the Committee and other Federal Reserve Banks The carry-in from July 2016 (81 million available information, it is hereby found AGENCY: Board of Governors of the lbs.) and the projected availability of that this rule, as hereinafter set forth, Federal Reserve System. free market carry-out (57 million lbs.) will tend to effectuate the declared ACTION: Final rule. indicate the restriction is not a factor in policy of the Act. limiting sales of tart cherry products. It is further found that good cause SUMMARY: The Board of Governors of the The Board deliberated thoroughly on exists for not postponing the effective Federal Reserve System (‘‘Board’’) has whether or not to make an additional date of this rule until 30 days after adopted final amendments to its economic adjustment to account for publication in the Federal Register (5 Regulation A to reflect the Board’s imported cherry products. However, no U.S.C. 553) because handlers are already approval of an increase in the rate for motion was made for an additional shipping tart cherries from the 2016–17 primary credit at each Federal Reserve adjustment to reflect the impact of crop. Further, handlers are aware of this Bank. The secondary credit rate at each imported cherry products. As one rule, which was recommended at a Reserve Bank automatically increased commenter noted, there is a lack of public meeting. Also, a 30-day comment by formula as a result of the Board’s consensus on how to factor imports into period was provided for in the proposed primary credit rate action. the final calculation. rule. Further, according to Foreign DATES: This rule is effective June 26, Agricultural Service’s GATS database, List of Subjects in 7 CFR Part 930 2017. The rate changes for primary and though imported cherry products secondary credit were applicable Marketing agreements, Reporting and beginning June 15, 2017. remained high (230 million lbs. recordkeeping requirements, Tart FOR FURTHER INFORMATION CONTACT: equivalent) during the 2016 calendar cherries. year, the volume is down from the 2015 Clinton Chen, Attorney (202/452–3952), For the reasons set forth in the or Sophia Allison, Special Counsel, calendar year (267 million lbs. preamble, 7 CFR part 930 is amended as equivalent) and also below the 2014 (202/452–3565), Legal Division, or Lyle follows: calendar year (244 million lbs. Kumasaka, Senior Financial Analyst equivalent). The final NASS prices for PART 930—TART CHERRIES GROWN (202/452–2382); for users of the 2016 season are not yet available, IN THE STATES OF MICHIGAN, NEW Telecommunications Device for the Deaf but from 2013–15, grower prices were YORK, PENNSYLVANIA, OREGON, (TDD) only, contact 202/263–4869; stable, ranging from $0.34 to $0.36 per UTAH, WASHINGTON, AND Board of Governors of the Federal pound. Thus, when using available WISCONSIN Reserve System, 20th and C Streets sales, utilization, and price data from NW., Washington, DC 20551. previous years it is difficult to ■ 1. The authority citation for 7 CFR SUPPLEMENTARY INFORMATION: The determine what, if any, specific negative part 930 continues to read as follows: Federal Reserve Banks make primary

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and secondary credit available to than 30 days prior to a rule’s effective final regulatory flexibility analysis do depository institutions as a backup date is not required for (1) a substantive not apply. source of funding on a short-term basis, rule which grants or recognizes an usually overnight. The primary and exemption or relieves a restriction; (2) Paperwork Reduction Act secondary credit rates are the interest interpretive rules and statements of In accordance with the Paperwork rates that the twelve Federal Reserve policy; or (3) an agency finding good Reduction Act (‘‘PRA’’) of 1995 (44 Banks charge for extensions of credit cause for shortened notice and U.S.C. 3506; 5 CFR part 1320 Appendix under these programs. In accordance publishing its reasoning with the rule. A.1), the Board reviewed the final rule with the Federal Reserve Act, the 12 U.S.C. 553(d). The APA further under the authority delegated to the primary and secondary credit rates are provides that the notice, public Board by the Office of Management and established by the boards of directors of comment, and delayed effective date Budget. The final rule contains no the Federal Reserve Banks, subject to requirements of 5 U.S.C. 553 do not requirements subject to the PRA. the review and determination of the apply ‘‘to the extent that there is Board. involved . . . a matter relating to agency List of Subjects in 12 CFR Part 201 On June 14, 2017, the Board voted to management or personnel or to public 1 approve a ⁄4 percentage point increase property, loans, grants, benefits, or Banks, Banking, Federal Reserve in the primary credit rate in effect at contracts.’’ 5 U.S.C. 553(a)(2) (emphasis System, Reporting and recordkeeping. each of the twelve Federal Reserve added). Banks, thereby increasing from 1.50 Authority and Issuance percent to 1.75 percent the rate that Regulation A establishes the interest For the reasons set forth in the each Reserve Bank charges for rates that the twelve Reserve Banks extensions of primary credit. In charge for extensions of primary credit preamble, the Board is amending 12 addition, the Board had previously and secondary credit. The Board has CFR part 201 as follows: approved to renew the formula for the determined that the notice, public PART 201—EXTENSIONS OF CREDIT secondary credit rate, the primary credit comment, and delayed effective date BY FEDERAL RESERVE BANKS rate plus 50 basis points. Under the requirements of the APA do not apply formula, the secondary credit rate in to the final amendments to Regulation A (REGULATION A) effect at each of the twelve Federal for several reasons. The amendments ■ Reserve Banks increased by 1⁄4 involve a matter relating to loans, and 1. The authority citation for part 201 percentage point as a result of the are therefore exempt under the terms of continues to read as follows: Board’s primary credit rate action, the APA. In addition, the Board has Authority: 12 U.S.C. 248(i)–(j), 343 et seq., thereby increasing from 2.00 percent to determined that notice, public 347a, 347b, 347c, 348 et seq., 357, 374, 374a, 2.25 percent the rate that each Reserve comment, and delayed effective date and 461. Bank charges for extensions of would be unnecessary and contrary to secondary credit. The amendments to the public interest because delay in ■ 2. In § 201.51, paragraphs (a) and (b) Regulation A reflect these rate changes. implementation of changes to the rates are revised to read as follows: The 1⁄4 percentage point increase in charged on primary credit and § 201.51 Interest rates applicable to credit the primary credit rate was associated secondary credit would permit insured extended by a Federal Reserve Bank.2 with an increase in the target range for depository institutions to profit the federal funds rate (from a target improperly from the difference in the (a) Primary credit. The interest rate at range of 3⁄4 to 1 percent to a target range current rate and the announced each Federal Reserve Bank for primary of 1 to 11⁄4 percent) announced by the increased rate. Finally, because delay credit provided to depository Federal Open Market Committee would undermine the Board’s action in institutions under § 201.4(a) is 1.75 (‘‘Committee’’) on June 14, 2017, as responding to economic data and percent. described in the Board’s amendment of conditions, the Board has determined (b) Secondary credit. The interest rate its Regulation D published elsewhere in that ‘‘good cause’’ exists within the today’s Federal Register. at each Federal Reserve Bank for meaning of the APA to dispense with secondary credit provided to depository Administrative Procedure Act the notice, public comment, and institutions under § 201.4(b) is 2.25 In general, the Administrative delayed effective date procedures of the percent. APA with respect to the final Procedure Act (12 U.S.C. 551 et seq.) * * * * * (‘‘APA’’) imposes three principal amendments to Regulation A. By order of the Board of Governors of the requirements when an agency Regulatory Flexibility Analysis promulgates legislative rules (rules Federal Reserve System, June 19, 2017. made pursuant to congressionally The Regulatory Flexibility Act Ann E. Misback, delegated authority): (1) Publication (‘‘RFA’’) does not apply to a rulemaking Secretary of the Board. with adequate notice of a proposed rule; where a general notice of proposed [FR Doc. 2017–13106 Filed 6–23–17; 8:45 am] 1 (2) followed by a meaningful rulemaking is not required. As noted BILLING CODE 6210–02–P opportunity for the public to comment previously, a general notice of proposed on the rule’s content; and (3) rulemaking is not required if the final publication of the final rule not less rule involves a matter relating to loans. than 30 days before its effective date. Furthermore, the Board has determined The APA provides that notice and that it is unnecessary and contrary to comment procedures do not apply if the the public interest to publish a general notice of proposed rulemaking for this agency for good cause finds them to be 2 final rule. Accordingly, the RFA’s The primary, secondary, and seasonal credit ‘‘unnecessary, impracticable, or contrary rates described in this section apply to both to the public interest.’’ 12 U.S.C. requirements relating to an initial and advances and discounts made under the primary, 553(b)(3)(A). Section 553(d) of the APA secondary, and seasonal credit programs, also provides that publication not less 1 5 U.S.C. 603 and 604. respectively.

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FEDERAL RESERVE SYSTEM earnings to be paid by the Reserve Bank inflation has declined recently and, like the at least once each quarter, at a rate or measure excluding food and energy prices, is 12 CFR Part 204 rates not to exceed the general level of running somewhat below 2 percent. Market- short-term interest rates. Institutions based measures of inflation compensation [Docket No. R–1566; RIN 7100 AE–80] remain low; survey-based measures of longer- that are eligible to receive earnings on term inflation expectations are little changed, Regulation D: Reserve Requirements their balances held at Reserve Banks on balance. of Depository Institutions (‘‘eligible institutions’’) include Consistent with its statutory mandate, the depository institutions and certain other Committee seeks to foster maximum AGENCY: Board of Governors of the institutions.2 Section 19 also provides employment and price stability. The Federal Reserve System. that the Board may prescribe regulations Committee continues to expect that, with ACTION: Final rule. concerning the payment of earnings on gradual adjustments in the stance of balances at a Reserve Bank.3 Prior to monetary policy, economic activity will SUMMARY: The Board of Governors of the these amendments, Regulation D expand at a moderate pace, and labor market Federal Reserve System (‘‘Board’’) is specified a rate of 1.00 percent for both conditions will strengthen somewhat further. Inflation on a 12-month basis is expected to amending Regulation D (Reserve 4 IORR and IOER. remain somewhat below 2 percent in the near Requirements of Depository Institutions) II. Amendments to IORR and IOER term but to stabilize around the Committee’s to revise the rate of interest paid on 2 percent objective over the medium term. balances maintained to satisfy reserve The Board is amending § 204.10(b)(5) Near term risks to the economic outlook balance requirements (‘‘IORR’’) and the of Regulation D to specify that IORR is appear roughly balanced, but the Committee rate of interest paid on excess balances 1.25 percent and IOER is 1.25 percent. is monitoring inflation developments closely. (‘‘IOER’’) maintained at Federal Reserve This 0.25 percentage point increase in In view of realized and expected labor Banks by or on behalf of eligible the IORR and IOER was associated with market conditions and inflation, the institutions. The final amendments an increase in the target range for the Committee decided to raise the target range 1 specify that IORR is 1.25 percent and federal funds rate, from a target range of for the federal funds rate to 1 to 1 ⁄4 percent. The stance of monetary policy remains 3⁄4 to 1 percent to a target range of 1 to IOER is 1.25 percent, a 0.25 percentage accommodative, thereby supporting some 11⁄4 percent, announced by the FOMC point increase from their prior levels. further strengthening in labor market The amendments are intended to on June 14, 2017, with an effective date conditions and a sustained return to 2 enhance the role of such rates of interest of June 15, 2017. The FOMC’s press percent inflation. in moving the Federal funds rate into release on the same day as the announcement noted that: A Federal Reserve Implementation the target range established by the note released simultaneously with the Federal Open Market Committee Information received since the Federal announcement stated that: (‘‘FOMC’’ or ‘‘Committee’’). Open Market Committee met in May The Board of Governors of the Federal DATES: This rule is effective June 26, indicates that the labor market has continued to strengthen and that economic activity has Reserve System voted unanimously to raise 2017. The IORR and IOER rate changes been rising moderately so far this year. Job the interest rate paid on required and excess were applicable on June 15, 2017. gains have moderated but have been solid, on reserve balances to 1.25 percent, effective FOR FURTHER INFORMATION CONTACT: average, since the beginning of the year, and June 15, 2017. Clinton Chen, Attorney (202–452–3952), the unemployment rate has declined. As a result, the Board is amending Household spending has picked up in recent or Sophia Allison, Special Counsel § 204.10(b)(5) of Regulation D to change (202–452–3198), Legal Division, or months, and business fixed investment has continued to expand. On a 12-month basis, IORR to 1.25 percent and IOER to 1.25 Thomas Keating, Financial Analyst percent. (202–973–7401), or Laura Lipscomb, 2 Section 19(b)(1)(A) defines ‘‘depository III. Administrative Procedure Act Section Chief (202–973–7964), Division institution’’ as any insured bank as defined in of Monetary Affairs; for users of section 3 of the Federal Deposit Insurance Act or In general, the Administrative Telecommunications Device for the Deaf any bank which is eligible to make application to Procedure Act (12 U.S.C. 551 et seq.) (TDD) only, contact 202–263–4869; become an insured bank under section 5 of such Act; any mutual savings bank as defined in section (‘‘APA’’) imposes three principal Board of Governors of the Federal 3 of the Federal Deposit Insurance Act or any bank requirements when an agency Reserve System, 20th and C Streets which is eligible to make application to become an promulgates legislative rules (rules NW., Washington, DC 20551. insured bank under section 5 of such Act; any made pursuant to congressionally savings bank as defined in section 3 of the Federal SUPPLEMENTARY INFORMATION: Deposit Insurance Act or any bank which is eligible delegated authority): (1) Publication to make application to become an insured bank with adequate notice of a proposed rule; I. Statutory and Regulatory Background under section 5 of such Act; any insured credit (2) followed by a meaningful For monetary policy purposes, section union as defined in section 101 of the Federal opportunity for the public to comment Credit Union Act or any credit union which is 19 of the Federal Reserve Act (‘‘the eligible to make application to become an insured on the rule’s content; and (3) Act’’) imposes reserve requirements on credit union pursuant to section 201 of such Act; publication of the final rule not less certain types of deposits and other any member as defined in section 2 of the Federal than 30 days before its effective date. liabilities of depository institutions. Home Loan Bank Act; [and] any savings association The APA provides that notice and (as defined in section 3 of the Federal Deposit Regulation D, which implements section Insurance Act) which is an insured depository comment procedures do not apply if the 19 of the Act, requires that a depository institution (as defined in such Act) or is eligible to agency for good cause finds them to be institution meet reserve requirements by apply to become an insured depository institution ‘‘unnecessary, impracticable, or contrary holding cash in its vault, or if vault cash under the Federal Deposit Insurance Act. See 12 to the public interest.’’ 12 U.S.C. U.S.C. 461(b)(1)(A). Eligible institution also is insufficient, by maintaining a balance includes any trust company, corporation organized 553(b)(3)(A). Section 553(d) of the APA in an account at a Federal Reserve Bank under section 25A or having an agreement with the also provides that publication not less (‘‘Reserve Bank’’).1 Section 19 also Board under section 25, or any branch or agency of than 30 days prior to a rule’s effective provides that balances maintained by or a foreign bank (as defined in section 1(b) of the date is not required for (1) a substantive International Banking Act of 1978). 12 U.S.C. on behalf of certain institutions in an 461(b)(12)(C); see 12 CFR 204.2(y) (definition of rule which grants or recognizes an account at a Reserve Bank may receive ‘‘eligible institution’’). exemption or relieves a restriction; (2) 3 See 12 U.S.C. 461(b)(12). interpretive rules and statements of 1 12 CFR 204.5(a)(1). 4 See 12 CFR 204.10(b)(5). policy; or (3) an agency finding good

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cause for shortened notice and PART 204—RESERVE DATES: This AD is effective July 31, publishing its reasoning with the rule. REQUIREMENTS OF DEPOSITORY 2017. 12 U.S.C. 553(d). INSTITUTIONS (REGULATION D) The Director of the Federal Register approved the incorporation by reference The Board has determined that good ■ 1. The authority citation for part 204 of a certain publication listed in this AD cause exists for finding that the notice, continues to read as follows: as of July 31, 2017. public comment, and delayed effective ADDRESSES: date provisions of the APA are Authority: 12 U.S.C. 248(a), 248(c), 461, You may examine the AD docket on the Internet at http:// unnecessary, impracticable, or contrary 601, 611, and 3105. www.regulations.gov by searching for to the public interest with respect to the ■ 2. Section 204.10 is amended by and locating Docket No. FAA–2017– final amendments to Regulation D. The revising paragraph (b)(5) to read as 0343; or in person at Document rate increases for IORR and IOER that follows: Management Facility, U.S. Department are reflected in the final amendments to § 204.10 Payment of interest on balances. of Transportation, Docket Operations, Regulation D were made with a view * * * * * M–30, West Building Ground Floor, towards accommodating commerce and Room W12–140, 1200 New Jersey business and with regard to their (b) * * * (5) The rates for IORR and IOER are: Avenue SE., Washington, DC 20590. bearing upon the general credit situation For service information identified in of the country. Notice and public Rate this AD, contact DG Flugzeugbau comment would prevent the Board’s (%) GmbH, Otto-Lilienthal Weg 2, D–76646 action from being effective as promptly Bruchsal, Germany; telephone: +49 as necessary in the public interest, and IORR ...... 1.25 (0)7251 3202–0; email: info@dg- would not otherwise serve any useful IOER ...... 1.25 flugzeugbau.de; Internet: http://www.dg- purpose. Notice, public comment, and a flugzeugbau.de/en/?noredirect=en_US. delayed effective date would create * * * * * You may view this referenced service uncertainty about the finality and By order of the Board of Governors of the information at the FAA, Small Airplane effectiveness of the Board’s action and Federal Reserve System, June 19, 2017. Directorate, 901 Locust, Kansas City, undermine the effectiveness of that Ann E. Misback, Missouri 64106. For information on the action. Accordingly, the Board has Secretary of the Board. availability of this material at the FAA, determined that good cause exists to [FR Doc. 2017–13107 Filed 6–23–17; 8:45 am] call (816) 329–4148. It is also available dispense with the notice, public BILLING CODE 6210–01–P on the Internet at http:// comment, and delayed effective date www.regulations.gov by searching for procedures of the APA with respect to Docket No. FAA–2017–0343. FOR FURTHER INFORMATION CONTACT: Jim the final amendments to Regulation D. DEPARTMENT OF TRANSPORTATION Rutherford, Aerospace Engineer, FAA, IV. Regulatory Flexibility Analysis Federal Aviation Administration Small Airplane Directorate, 901 Locust, The Regulatory Flexibility Act Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4165; fax: (816) (‘‘RFA’’) does not apply to a rulemaking 14 CFR Part 39 329–4090; email: where a general notice of proposed [email protected]. rulemaking is not required.5 As noted [Docket No. FAA–2017–0343; Directorate Identifier 2017–CE–005–AD; Amendment SUPPLEMENTARY INFORMATION: previously, the Board has determined 39–18936; AD 2017–13–06] that it is unnecessary and contrary to Discussion the public interest to publish a general RIN 2120–AA64 We issued a notice of proposed notice of proposed rulemaking for this rulemaking (NPRM) to amend 14 CFR final rule. Accordingly, the RFA’s Airworthiness Directives; DG part 39 by adding an AD that would requirements relating to an initial and Flugzeugbau GmbH Gliders apply to all DG Flugzeugbau GmbH final regulatory flexibility analysis do AGENCY: Federal Aviation Models DG–400, DG–500M, DG–500MB, not apply. Administration (FAA), Department of DG–800A, and DG–800B gliders. The V. Paperwork Reduction Act Transportation (DOT). NPRM was published in the Federal ACTION: Final rule. Register on April 21, 2017 (82 FR In accordance with the Paperwork 18722). The NPRM proposed to correct Reduction Act (‘‘PRA’’) of 1995 (44 SUMMARY: We are adopting a new an unsafe condition for the specified U.S.C. 3506; 5 CFR part 1320, appendix airworthiness directive (AD) for all DG products and was based on mandatory A.1), the Board reviewed the final rule Flugzeugbau GmbH Models DG–400, continuing airworthiness information under the authority delegated to the DG–500M, DG–500MB, DG–800A, and (MCAI) originated by an aviation Board by the Office of Management and DG–800B gliders. This AD results from authority of another country. Budget. The final rule contains no mandatory continuing airworthiness The MCAI states: requirements subject to the PRA. information (MCAI) issued by an During service and annual inspection, DG aviation authority of another country to found that some fuel hoses with textile fabric List of Subjects in 12 CFR Part 204 identify and correct an unsafe condition covering, installed from the beginning of the Banks, Banking, Reporting and on an aviation product. The MCAI year 2015, had become weak or untight with time. The suspected root cause for this recordkeeping requirements. describes the unsafe condition as a manufacturing defect in certain textile premature degradation is a manufacturing For the reasons set forth in the fabric covered fuel hoses, which could defect of a certain batch of fuel hoses. preamble, the Board amends 12 CFR This condition, if not detected and cause the fuel hose to fail. We are corrected, may lead to kinking of the fuel part 204 as follows: issuing this AD to require actions to hoses, possibly resulting in a reduced fuel address the unsafe condition on these supply and consequent partial or total loss of 5 5 U.S.C. 603 and 604. products. available power.

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To address this unsafe condition, DG- operators to be $10,030, or $170 per and 5 p.m., Monday through Friday, Flugzeugbau published Technical Note TN product. except Federal holidays. The AD docket 800–44, 500–10, DG–SS–02 providing In addition, we estimate that each contains the NPRM, the regulatory inspection and replacement instructions. replacement action required by this AD For the reason described above, this evaluation, any comments received, and [EASA] AD requires inspection and will take about 8 work-hours and other information. The street address for replacement of the affected fuel hoses. require parts costing $500. Based on the Docket Office (telephone (800) 647– these figures, we estimate the 5527) is in the ADDRESSES section. The MCAI can be found in the AD replacement cost of this AD on U.S. Comments will be available in the AD docket on the Internet at https:// operators to be $69,620, or $1,180 per docket shortly after receipt. www.regulations.gov/ product. document?D=FAA-2017-0343-0002. List of Subjects in 14 CFR Part 39 Authority for This Rulemaking Comments Air transportation, Aircraft, Aviation Title 49 of the United States Code We gave the public the opportunity to safety, Incorporation by reference, specifies the FAA’s authority to issue participate in developing this AD. We Safety. rules on aviation safety. Subtitle I, received no comments on the NPRM or Adoption of the Amendment on the determination of the cost to the section 106, describes the authority of public. the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority Aviation Programs,’’ describes in more delegated to me by the Administrator, Conclusion detail the scope of the Agency’s the FAA amends 14 CFR part 39 as We reviewed the relevant data and authority. follows: determined that air safety and the We are issuing this rulemaking under public interest require adopting this AD the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS as proposed except for minor editorial Part A, Subpart III, section 44701: DIRECTIVES changes. We have determined that these General requirements.’’ Under that ■ minor changes: section, Congress charges the FAA with 1. The authority citation for part 39 • Are consistent with the intent that promoting safe flight of civil aircraft in continues to read as follows: was proposed in the NPRM for air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. correcting the unsafe condition; and for practices, methods, and procedures • Do not add any additional burden the Administrator finds necessary for § 39.13 [Amended] upon the public than was already safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding proposed in the NPRM. is within the scope of that authority the following new AD: because it addresses an unsafe condition Related Service Information Under 1 that is likely to exist or develop on 2017–13–06 DG FlugzeugbauGmbH: CFR Part 51 Amendment 39–18936; Docket No. FAA– products identified in this rulemaking We reviewed DG Flugzeugbau GmbH 2017–0343; Directorate Identifier 2017– action. CE–005–AD. Technical note No. 800–44, 500–10, DG–SS–02, dated November 9, 2016, Regulatory Findings (a) Effective Date and co-published as one document; DG– We determined that this AD will not This airworthiness directive (AD) becomes 400 diagram 8, 6 TN DG–SS–02; DG– have federalism implications under effective July 31, 2017. 500M diagram 14, TN 500/10; DG– Executive Order 13132. This AD will (b) Affected ADs 500MB diagram 14, TN 500/10; DG– not have a substantial direct effect on None. 800A/LA diagram 11, TN 800/44; DG– the States, on the relationship between 800B Solo 2625 diagram 11, TN 800/44; the national government and the States, (c) Applicability DG–800B Solo 2625 diagram 11a, TN or on the distribution of power and This AD applies to DG Flugzeugbau GmbH 800/44; DG–800B Solo 2625 diagram responsibilities among the various Models DG–400, DG–500M, DG–500MB, DG– 11b, TN 800/44; and DG–800B ab W.Nr. levels of government. 800A, and DG–800B gliders, all serial 8–155/from ser. no. 8–155 on, diagram For the reasons discussed above, I numbers, that: 11d, TN 800/44, all diagrams issued certify this AD: (1) Have textile fabric covered fuel hoses October 2016. In combination, the (1) Is not a ‘‘significant regulatory installed in the fuselage; and service information describes action’’ under Executive Order 12866, (2) are certificated in any category. procedures for inspecting and replacing (2) Is not a ‘‘significant rule’’ under Note 1 to paragraph (c) of this AD: Metal the fuel hoses on different aircraft the DOT Regulatory Policies and fabric covered fuel hoses installed in the engine area are not affected by this AD. model variants covered by the Procedures (44 FR 11034, February 26, applicability of this AD. This service 1979), (d) Subject information is reasonably available (3) Will not affect intrastate aviation Air Transport Association of America because the interested parties have in Alaska, and (ATA) Code 28: Fuel. access to it through their normal course (4) Will not have a significant of business or by the means identified economic impact, positive or negative, (e) Reason in the ADDRESSES section of this AD. on a substantial number of small entities This AD was prompted by mandatory under the criteria of the Regulatory continuing airworthiness information (MCAI) Costs of Compliance Flexibility Act. originated by an aviation authority of another We estimate that this AD will affect country to identify and correct an unsafe 59 products of U.S. registry. We also Examining the AD Docket condition on an aviation product. The MCAI You may examine the AD docket on describes the unsafe condition as a estimate that it will take about 2 work- manufacturing defect in certain textile fabric hours per product to comply with each the Internet at http:// covered fuel hoses, which could cause the inspection required by this AD. The www.regulations.gov by searching for fuel hose to fail. We are issuing this AD to average labor rate is $85 per work-hour. and locating Docket No. FAA–2017– prevent failure of the fuel hose, which could Based on these figures, we estimate 0343; or in person at the Docket cause reduced fuel supply and result in the inspection cost of this AD on U.S. Management Facility between 9 a.m. partial or total loss of power.

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(f) Actions and Compliance (1) Alternative Methods of Compliance Locust, Kansas City, Missouri 64106. For Unless already done, do the following (AMOCs): The Manager, Standards Office, information on the availability of this actions: FAA, has the authority to approve AMOCs material at the FAA, call (816) 329–4148. In (1) Within the next 30 days after July 31, for this AD, if requested using the procedures addition, you can access this service found in 14 CFR 39.19. Send information to 2017 (the effective date of this AD), inspect information on the Internet at http:// ATTN: Jim Rutherford, Aerospace Engineer, all textile fabric covered fuel hoses located in www.regulations.gov by searching for and FAA, Small Airplane Directorate, 901 Locust, locating Docket No. FAA–2017–0343. the fuselage following Instructions 1. of DG Room 301, Kansas City, Missouri 64106; Flugzeugbau GmbH Technical note (TN) No. (5) You may view this service information telephone: (816) 329–4165; fax: (816) 329– that is incorporated by reference at the 800–44, 500–10, DG–SS–02, dated November 4090; email: [email protected]. Before 9, 2016. National Archives and Records using any approved AMOC on any glider to Administration (NARA). For information on Note 2 to paragraph (f)(1) through (6) of which the AMOC applies, notify your the availability of this material at NARA, call this AD: DG Flugzeugbau GmbH TN No. 800– appropriate principal inspector (PI) in the 202–741–6030, or go to: http:// 44, DG Flugzeugbau GmbH TN No. 500–10, FAA Flight Standards District Office (FSDO), www.archives.gov/federal-register/cfr/ibr- and DG Flugzeugbau GmbH TN No. DG–SS– or lacking a PI, your local FSDO. locations.html. 02, are all dated November 9, 2016, and co- (2) Airworthy Product: For any requirement published as one document. in this AD to obtain corrective actions from Issued in Kansas City, Missouri, on June 19, 2017. (2) If any kinking or wet fabric covering is a manufacturer or other source, use these found during the inspection required in actions if they are FAA-approved. Corrective Pat Mullen, paragraph (f)(1) of this AD, within the next actions are considered FAA-approved if they Acting Manager, Small Airplane Directorate, 14 days after the inspection, replace all are approved by the State of Design Authority Aircraft Certification Service. (or their delegated agent). You are required textile fabric covered fuel hoses located in [FR Doc. 2017–13127 Filed 6–23–17; 8:45 am] the fuselage following Instructions 2. of DG to assure the product is airworthy before it BILLING CODE 4910–13–P Flugzeugbau GmbH TN No. 800–44, 500–10, is returned to service. DG–SS–02, dated November 9, 2016, and (h) Related Information DG–400 diagram 8, 6 TN DG–SS–02; DG– Refer to MCAI European Aviation Safety 500M diagram 14, TN 500/10; DG–500MB Agency (EASA) AD No.: 2016–0259, dated NATIONAL AERONAUTICS AND diagram 14, TN 500/10; DG–800A/LA December 21, 2016, for related information. SPACE ADMINISTRATION diagram 11, TN 800/44; DG–800B Solo 2625 You may examine the MCAI on the Internet diagram 11, TN 800/44; DG–800B Solo 2625 at https://www.regulations.gov/ 14 CFR Parts 1264 and 1271 diagram 11a, TN 800/44; DG–800B Solo 2625 document?D=FAA-2017-0343-0002. diagram 11b, TN 800/44; and DG–800B ab W.Nr. 8–155/from ser. no. 8–155 on, diagram (i) Material Incorporated by Reference RIN 2700–AE30 11d, TN 800/44, as applicable, all diagrams (1) The Director of the Federal Register issued October 2016. approved the incorporation by reference [Document Number NASA–17–039: Docket (3) If no kinking or wet fabric covering is (IBR) of the service information listed in this Number—NASA–2017–0002] found during the inspection required in paragraph under 5 U.S.C. 552(a) and 1 CFR paragraph (f)(1) of this AD, within the next part 51. Implementation of the Federal Civil 12 months after July 31, 2017 (the effective (2) You must use this service information Penalties Inflation Adjustment Act date of this AD), replace all textile fabric as applicable to do the actions required by covered fuel hoses located in the fuselage this AD, unless this AD specifies otherwise. AGENCY: National Aeronautics and following the instructions and diagrams (i) DG–400 diagram 8, issued October 2016 Space Administration. specified in paragraph (f)(2) of this AD. TN DG–SS–02. ACTION: Interim final rule with request (4) Within 12 months after doing the (ii) DG–500M diagram 14, issued October for public comment. replacements required in paragraph (f)(2) or 2016 TN 500/10. (f)(3) of this AD, as applicable, and (iii) DG–500MB diagram 14, issued October SUMMARY: The National Aeronautics and 2016 TN 500/10. repetitively thereafter at intervals not to Space Administration (NASA) is exceed 12 months, inspect all fuel hoses in (iv) DG–800A/LA diagram 11, issued the fuselage for any signs of wear, fissures, October 2016 TN 800/44. publishing for public comment an kinks, lack of tight fit, or leaks. For this (v) DG–800B Solo 2625 diagram 11, issued interim final rule to adjust the civil inspection, the ignition switch must be October 2016 TN 800/44. monetary penalties within its turned on to run the electric fuel pump to (vi) DG–800B Solo 2625 diagram 11a, jurisdiction for inflation, as required by demonstrate an operating fuel pressure. Do issued October 2016 TN 800/44. the Federal Civil Penalties Inflation this inspection following Instructions 4. of (vii) DG–800B Solo 2625 diagram 11b, Adjustment Act of 1990 (the Inflation DG Flugzeugbau GmbH TN No. 800–44, 500– issued October 2016 TN 800/44. Adjustment Act or the Act), as amended 10, DG–SS–02, dated November 9, 2016. (viii) DG–800B ab W.Nr. 8–155/from ser. no. 8–155 on, diagram 11d, issued October by the Debt Collection Improvement Act (5) If any signs of wear, fissures, kinks, lack of 1996 and further amended by the of tight fit, or leaks are found during any 2016 TN 800/44. inspection required in paragraph (f)(4) of this (ix) DG Flugzeugbau GmbH Technical note Federal Civil Penalties Inflation AD, replace the defective fuel hose in the (TN) No. 800–44, 500–10, DG–SS–02, dated Adjustment Act Improvements Act of fuselage following the instructions and November 9, 2016. 2015 (2015 Act). The revision to this diagrams specified in paragraph (f)(2) of this Note 3 to paragraph (i)(2)(ix) of this AD: rule is part of NASA’s retrospective plan AD. Continue with the repetitive inspections DG Flugzeugbau GmbH TN No. 800–44, DG under Executive Order (E.O.) 13563 as specified in paragraph (f)(4) of this AD. Flugzeugbau GmbH TN No. 500–10, and DG completed in August 2011. NASA’s full (6) If no signs of wear, fissures, kinks, lack Flugzeugbau GmbH TN No. DG–SS–02, are plan can be accessed on the Agency’s of tight fit, or leaks are found during any all dated November 9, 2016, and co- published as one document. open Government Web site at http:// inspection required in paragraph (f)(4) of this www.nasa.gov/open/. AD, at intervals not to exceed 10 years, (3) For service information identified in replace the fuel hoses in the fuselage with this AD, DG Flugzeugbau GmbH, Otto- DATES: This interim final rule is new fuel hoses following the instructions and Lilienthal Weg 2, D–76646 Bruchsal, effective August 25, 2017. diagrams specified in paragraph (f)(2) of this Germany; telephone: +49 (0)7251 3202–0; FOR FURTHER INFORMATION CONTACT: AD. email: [email protected]; Internet: Bryan R. Diederich, Office of the http://www.dg-flugzeugbau.de/en/ (g) Other FAA AD Provisions ?noredirect=en_US. General Counsel, NASA Headquarters, The following provisions also apply to this (4) You may view this service information telephone (202) 358–0216. AD: at the FAA, Small Airplane Directorate, 901 SUPPLEMENTARY INFORMATION:

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I. Background minimum, if applicable) amounts for authority other than the Inflation The Inflation Adjustment Act, as each civil penalty must be increased by Adjustment Act. amended by the 2015 Act, requires the ‘‘cost-of-living adjustment,’’ a term To determine the new penalty Federal agencies to adjust the civil that the Act defines. For purposes of the amount, the agency must apply the penalty amounts within their initial adjustments that agencies must multiplier reflecting the ‘‘cost-of-living jurisdiction for inflation by July 1, 2016, make by July 1, 2016, the ‘‘cost-of-living adjustment’’ 7 to the penalty amount as and then by January 15 every year adjustment’’ is defined as the percentage it was most recently established or thereafter.1 Agencies must make the increase in the Consumer Price Index adjusted under a provision of law other initial 2016 adjustments through an between (1) October of the calendar year than the Inflation Adjustment Act. The interim final rulemaking published in during which the civil penalty amount agency must then round that amount to 8 the Federal Register.2 Under the was established or adjusted under a the nearest dollar. The increase made amended Act, any increase in a civil provision of law other than the Inflation by this initial adjustment may not exceed 150 percent of the penalty penalty made under the Act will apply Adjustment Act and (2) October 2015. amount in effect on the date the 2015 to penalties assessed after the increase The Consumer Price Index to be used Act was enacted, November 2, 2015. takes effect, including penalties whose for purposes of this calculation is the associated violation predated the Consumer Price Index for all urban III. Description of the Interim Final increase.3 The inflation adjustments consumers (CPI–U) published by the Rule mandated by the Act serve to maintain Department of Labor.5 The Office of the deterrent effect of civil penalties and This interim final rule establishes the to promote compliance with the law. Management and Budget (OMB) has inflation-adjusted maximum amounts published guidance for implementing for each civil penalty within NASA’s II. Method of Calculation this requirement.6 OMB’s guidance jurisdiction. The following table lists The Inflation Adjustment Act memorandum provides multipliers that the civil penalties within NASA’s prescribes a specific method for agencies should use to adjust penalty jurisdiction and summarizes the calculating the inflation adjustments.4 amounts based on the year the penalty relevant information needed to calculate As amended by the 2015 Act, the Act was established or last adjusted under the inflation adjustments pursuant to provides that the maximum (and the statutory method.

Penalty amount Year penalty as established established or last or last Penalty amount adjusted under adjusted under in effect on Law Penalty description a provision a provision November 2, other than the other than the 2015 Inflation Inflation Adjustment Act Adjustment Act

Program Fraud Civil Remedies Act of 1986 Maximum penalties for false claims ...... $5,000 1986 $5,000 Department of the Interior and Related Minimum penalty for use of appropriated 10,000 1989 10,000 Agencies Appropriations Act of 1989, funds to lobby or influence certain con- Public Law 101–121, sec. 319. tracts. Department of the Interior and Related Maximum penalty for use of appropriated 100,000 1989 100,000 Agencies Appropriations Act of 1989, funds to lobby or influence certain con- Public Law 101–121, sec. 319. tracts. Department of the Interior and Related Minimum penalty for failure to report cer- 10,000 1989 10,000 Agencies Appropriations Act of 1989, tain lobbying transactions. Public Law 101–121, sec. 319. Department of the Interior and Related Maximum penalty for failure to report cer- 100,000 1989 100,000 Agencies Appropriations Act of 1989, tain lobbying transactions. Public Law 101–121, sec. 319.

NASA followed the procedure multiplied each penalty amount as and then rounded that amount to the outlined above in part II to calculate the established or last adjusted under a nearest dollar, to calculate the new, adjusted civil penalty amounts. In provision other than the Inflation inflation-adjusted civil penalty amount. accordance with the statutory Adjustment Act by the OMB multiplier The following chart summarizes the requirements and OMB guidance, NASA corresponding to the appropriate year, results of these calculations:

1 See 28 U.S.C. 2461 note. Adjustment Act section 4(c), codified at 28 U.S.C. 2016), https://www.whitehouse.gov/sites/default/ 2 The statute also provides that, for the initial 2461 note. NASA has chosen not to make use of this files/omb/memoranda/2016/m-16-06.pdf. 2016 adjustment, an agency may adjust a civil exception. 7 The multipliers reflecting the ‘‘cost-of-living penalty by less than the otherwise required amount 3 Inflation Adjustment Act section 6, codified at adjustment’’ that OMB provides are rounded to five if (1) it determines, after publishing a notice of 28 U.S.C. 2461 note. decimal places. NASA has used the OMB proposed rulemaking and providing an opportunity 4 Inflation Adjustment Act section 5, codified at multipliers in calculating its civil penalty for comment, that increasing the civil penalty by 28 U.S.C. 2461 note. adjustments. the otherwise required amount would have a negative economic impact or that the social costs 5 U.S. Dep’t of Labor, Bureau of Labor Statistics, 8 In rounding to the nearest dollar, NASA has of increasing the civil penalty by the otherwise CPI Tables, http://www.bls.gov/cpi/#tables. rounded down where the digit immediately required amount outweigh the benefits, and (2) the 6 Memorandum from Shaun Donovan, Director, following the decimal point is less than 5 and has Director of the Office of Management and Budget Office of Management and Budget, to the Heads of rounded up where the digit immediately following concurs with that determination. Inflation Executive Departments and Agencies (Feb. 24, the decimal point is 5 or greater.

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Penalty amount Year penalty as established established or last or last OMB New penalty adjusted under adjusted under ‘‘cost-of-living New penalty amount Law Penalty description a provision a provision adjustment’’ amount adjusted for other than the other than the multiplier 150% threshold Inflation Inflation Adjustment Act Adjustment Act

Program Fraud Civil Maximum Penalties for $5,000 1986 2.15628 $10,781 $10,781 Remedies Act of 1986. False Claims. Department of the Inte- Minimum Penalty for use 10,000 1989 1.89361 18,936 18,936 rior and Related Agen- of appropriated funds cies Appropriations Act to lobby or influence of 1989, Public Law certain contracts. 101–121, sec. 319. Department of the Inte- Maximum Penalty for 100,000 1989 1.89361 189,361 189,361 rior and Related Agen- use of appropriated cies Appropriations Act funds to lobby or influ- of 1989, Public Law ence certain contracts. 101–121, sec. 319. Department of the Inte- Minimum penalty for fail- 10,000 1989 1.89361 18,936 18,936 rior and Related Agen- ure to report certain cies Appropriations Act lobbying transactions. of 1989, Public Law 101–121, sec. 319. Department of the Inte- Maximum penalty for 100,000 1989 1.89361 189,361 189,361 rior and Related Agen- failure to report certain cies Appropriations Act lobbying transactions. of 1989, Public Law 101–121, sec. 319.

This rule codifies these civil penalty VI. Regulatory Requirements the rule.15 Therefore, the amendments amounts by amending parts 1264 and are adopted in final form. Notice and Comment 1271 of title 14 of the CFR. Regulatory Flexibility Act IV. Legal Authority and Effective Date Under the APA, notice and opportunity for public comment are not Because no notice of proposed rulemaking is required, the Regulatory NASA issues this rule under the required if NASA finds that notice and Flexibility Act does not require an Federal Civil Penalties Inflation public comment are impracticable, 9 initial or final regulatory flexibility Adjustment Act of 1990, as amended unnecessary, or contrary to the public analysis.16 by the Debt Collection Improvement Act interest.13 This interim final rule adjusts of 1996,10 and further amended by the the civil penalty amounts within the Paperwork Reduction Act Federal Civil Penalties Inflation NASA’s jurisdiction for inflation, as In accordance with the Paperwork Adjustment Act Improvements Act of required by the Federal Civil Penalties Reduction Act of 1995,17 NASA 2015,11 which requires NASA to adjust Inflation Adjustment Act of 1990, as reviewed this interim final rule. No the civil penalties within its jurisdiction amended by the Debt Collection collections of information pursuant to for inflation according to a statutorily Improvement Act of 1996 and further the Paperwork Reduction Act are prescribed formula. amended by the Federal Civil Penalties contained in the interim final rule. Inflation Adjustment Act Improvements The Administrative Procedure Act List of Subjects in 14 CFR Parts 1264 (APA) generally requires an agency to Act of 2015. The amendments in this and 1271 publish a rule at least 30 days before its interim final rule are technical, and they Claims, Penalties, Lobbying. effective date.12 This rule satisfies that merely apply the statutory method for requirement. adjusting civil penalty amounts. For For the reasons stated in the these reasons, NASA has determined preamble, the National Aeronautics and V. Request for Comment that publishing a notice of proposed Space Administration amends 14 CFR rulemaking and providing opportunity parts 1264 and 1271 as follows: Although notice and comment for public comment are unnecessary. rulemaking procedures are not required, PART 1264—IMPLEMENTATION OF Moreover, the statute expressly requires NASA invites comments on this notice. THE PROGRAM FRAUD CIVIL NASA to make these initial adjustments Commenters are specifically encouraged PENALTIES ACT OF 1986 through an interim final rulemaking to to identify any technical issues raised be published by July 1, 2016,14 and ■ by the rule. 1. The authority citation for part 1264 OMB’s guidance confirms that agencies continues to read as follows: need not complete a notice-and- 15 9 Public Law 101–410, 104 Stat. 890 (1990). comment process before promulgating Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of 10 Public Law 104–134, section 31001(s)(1), 110 Executive Departments and Agencies 3 (Feb. 24, Stat. 1321, 1321–373 (1996). 2016), https://www.whitehouse.gov/sites/default/ 11 Public Law 114–74, section 701, 129 Stat. 584, 13 5 U.S.C. 533(b)(B). files/omb/memoranda/2016/m-16-06.pdf. 599 (2015). 14 Inflation Adjustment Action, section 4(b)(1)(A), 16 5 U.S.C. 603(a), 604(a). 12 See 5 U.S.C. 533(d). codified at 28 U.S.C. 2461 note. 17 44 U.S.C. 3506-.

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Authority: 31 U.S.C. 3809, 51 U.S.C. statutory authority citations and correct provisions of the Commodity Exchange 20113(a). limited typographical and technical Act (‘‘CEA’’) 3 to establish a § 1264.102 [Amended] errors in certain rules. comprehensive framework for the DATES: This rule is effective June 26, regulation of swaps and security-based ■ 2. In § 1264.102, paragraphs (a) and 2017. swaps. However, according to the (b), remove the number ‘‘$5,000’’ and Federal Register drafting handbook, it is add in its place the number ‘‘$10,781’’. FOR FURTHER INFORMATION CONTACT: David Van Wagner, Chief Counsel, recommended that the Commission only list the current United States Code PART 1271—NEW RESTRICTIONS ON Division of Market Oversight, (202) 418– (‘‘U.S.C.’’) citation when it is available.4 LOBBYING 5481, [email protected]; Jeanette Curtis, Special Counsel, Division of As such, the Commission need only cite ■ 3. The authority citation for part 1271 Market Oversight, (202) 418–5669, the Dodd-Frank Act as the amending continues to read as follows: [email protected]; Gretchen L. Lowe, statutory authority for each rule part Chief Counsel, Division of Enforcement, until such amendments are codified in Authority: Section 319, Pub. L. 101–121 the U.S.C. Since the Dodd-Frank Act (31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C. (202) 418–5379, [email protected]; or 6301 et seq.). Edward Wehner, IT Specialist, Office of provisions have been codified in the Data and Technology, (202) 418–6764, U.S.C., the Commission is revising the Subpart D—Penalties and Enforcement [email protected]. citation authority preceding certain SUPPLEMENTARY INFORMATION: Commission regulations to reflect the § 1271.400 [Amended] current U.S.C. citations. ■ 4. In § 1271.400: I. Background In addition, the Commission is ■ a. In paragraphs (a) and (b), remove A. Commission Delegations of Authority amending certain of its regulations to the words ‘‘not less than $10,000 and revise a limited number of not more than $100,000’’ and add in The Commission is adopting final typographical and formatting errors, and their place the words ‘‘not less than rules to establish new and amend to delete a duplicate regulation. $18,936 and not more than $189,361’’; certain existing delegations of authority II. Amended Regulations and to Commission staff. Previously, the ■ b. In paragraph (e), remove the two Commission delegated, to the Director A. Part 5 occurrences of ‘‘$10,000’’ and add in of the Division of Market Oversight (‘‘DMO’’), various authorities for Part 5 of the Commission’s regulations their places ‘‘$18,936’’ and remove governs off-exchange foreign currency ‘‘$100,000’’ and add in its place implementing certain Commission 1 transactions. Section 5.20(d) covers ‘‘$189,361’’. regulations. Many of these delegated authorities have been carried out by Commission delegated authority to the Appendix A to Part 1271 [Amended] staff in DMO’s Surveillance Branch. DMO Director to make special calls for information on controlled accounts from ■ However, as a result of the recent 6. In appendix A to part 1271, in retail foreign exchange dealers, futures paragraph following paragraph (3) and Commission organizational restructuring, which moved DMO’s commission merchants (‘‘FCMs’’) and in the last paragraph of the appendix, introducing brokers (‘‘IBs’’), and to remove the words ‘‘not less than Surveillance Branch to the Division of Enforcement (‘‘DOE’’), the Commission make special calls for information on $10,000 and not more than $100,000’’ open contracts in accounts carried or and add in their place the words ‘‘not has completed a full review of DMO delegated authorities and decided to introduced by FCMs, IBs, and foreign less than $18,936 and not more than brokers. The Commission is amending $189,361’’. remove certain delegated authorities from the DMO Director, other division its delegation of authority in § 5.20(d) to Cheryl E. Parker, directors, and certain Commission staff. remove the DMO Director from its list NASA Federal Register Liaison Officer. The Commission is delegating such of delegates and to delegate such [FR Doc. 2017–13209 Filed 6–23–17; 8:45 am] authorities to the Director of DOE or the authority to the DOE Director, or such other employee or employees as the BILLING CODE P Director of the Office of Data and Technology (‘‘ODT’’). In addition, the Director may designate from time to Commission is adding new delegations time. The Commission is also deleting the Dodd-Frank Act reference from the COMMODITY FUTURES TRADING of authority to certain of the part 48 part 5 statutory authority citation. COMMISSION provisions that govern the registration of Foreign Boards of Trade (‘‘FBOT’’). B. Part 11 17 CFR Parts 5, 11, 16, 17, 18, 19, 20, B. Statutory Authority Citations and Part 11 of the Commission’s 21, 48, 140, and 150 Technical Corrections regulations establishes rules relating to RIN 3038–AE42 For certain regulations, the investigations. Section 11.2(a) delegates Commission is revising the statutory authority to the DOE Director, the Commission Delegated Authority authority citations to reflect the most Director of the Division of Swap Dealer Provisions and Technical Amendments current citation. On July 21, 2010, and Intermediary Oversight (‘‘DSIO’’), AGENCY: Commodity Futures Trading President Obama signed the Wall Street the Director of the Division of Clearing Commission. Reform and Consumer Protection Act and Risk (‘‘DCR’’), the Director of DMO, ACTION: Final rule. (the ‘‘Dodd-Frank Act’’) into law.2 Title the Chief Economist, and members of VII of the Dodd-Frank Act amended their staffs acting within the scope of SUMMARY: The Commodity Futures their respective responsibilities, to Trading Commission (the 1 17 CFR 5.20(d), 11.2(a), 16.07, 18.03, 19.00(a)(3), ‘‘Commission’’ or ‘‘CFTC’’) is adopting 20.8, 21.05, 140.72(a), 140.73, 140.74, 140.97, 3 7 U.S.C. 1 et seq. (2012). final rules to establish new and amend 150.3(b), and 150.4(e) (Commission delegations of 4 See National Archives and Records authority to the DMO Director prior to this final Administration, Office of the Federal Register, certain existing delegations of authority rule). Document Drafting Handbook, section 3.12 to Commission staff. The Commission is 2 Public Law 111–203, 124 Stat. 1376 (July 21, (Authority citations), 3–26 (May 2017 update, also adopting amendments to update 2010). Revision 2, June 7, 2017).

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conduct investigations in particular E. Part 18 delegate such authority to the DOE matters. The Commission has decided to Part 18 of the Commission’s Director, or such other employee or delegate such investigatory authority to regulations governs reports by certain employees as the Director may designate the DOE Director and members of traders. Section 18.03 governs from time to time. The Commission is Commission staff acting pursuant to the Commission delegated authority to the also amending its § 20.8 delegation of authority to remove the DMO Director Director’s authority and under the DMO Director to issue special calls for as its delegate for issuing § 20.5 requests Director’s direction to conduct certain reports and information to be for 102S and 40S filings, and to delegate investigations. The Commission is furnished by traders, and to request such authority to the ODT Director, in amending its delegation of authority in information related to the maintenance consultation with the DMO Director, or § 11.2(a) to remove the Chief Economist of books and records. The Commission such other employee or employees as and the Directors of DSIO, DCR and is amending its delegation of authority the Directors each may designate from DMO and their staff from its list of in § 18.03 to remove the DMO Director time to time. Finally, the Commission is delegates. The Commission is also from its list of delegates for issuing amending its § 20.8 delegation of updating the part 11 statutory authority special calls for information pursuant to citation to reflect the correct numerical authority to remove the DMO Director §§ 18.00 and 18.05, and to delegate such as its delegate for determining the form ordering of the statutory provisions authority to the DOE Director, or such cited. and coding structure of reporting in other employee or employees as the § 20.7, and will delegate such authority C. Part 16 Director may designate from time to to the ODT Director, with the time. The Commission is also amending concurrence of the DMO Director, or Part 16 of the Commission’s its delegation of authority in § 18.03 to such other employee or employees as regulations governs reports by remove the DMO Director from its list the Directors each may designate from designated contract markets and swap of delegates for issuing special calls for time to time. Finally, the Commission is execution facilities. Section 16.07(a) information pursuant to § 18.04, and to also making typographical corrections to delegates authority to the DMO Director delegate such authority to the ODT the time formatting in § 20.5, and to determine the form, manner and time Director, in consultation with the DMO deleting the Dodd-Frank Act reference of filing reports required in §§ 16.00(b) Director, or such other employee or from the part 20 statutory authority and 16.01(d). Section 16.07(b) delegates employees as the Directors each may citation. authority to the DMO Director to designate from time to time. Finally, the determine the format, coding structure Commission is deleting the Dodd-Frank H. Part 21 and electronic data transmission Act reference from the part 18 statutory Part 21 of the Commission’s procedures used by reporting markets authority citation. regulations governs various types of pursuant to §§ 16.00(b)(1), 16.01(d)(1) F. Part 19 Commission special calls. Section 21.05 and 16.06. The Commission is particularly governs Commission amending its delegations of authority in Part 19 of the Commission’s delegated authority to the DMO Director § 16.07(a) and (b) to remove the DMO regulations governs reports by persons to issue special calls for information on Director from its list of delegates and to holding bona fide hedge positions, and certain controlled accounts and open delegate such authority to the ODT by merchants and dealers in cotton. interest contracts in certain accounts. Director, with the concurrence of the Section 19.00(a)(3) governs Commission The Commission is amending its DMO Director, or such other employee delegated authority to the DMO Director delegation of authority in § 21.05 to or employees as the Directors each may to issue special calls for Series ‘04 remove the DMO Director from its list designate from time to time. The reports (cash market positions of large of delegates and to delegate such Commission is also deleting the Dodd- traders in cotton and grains). The authority to the DOE Director, or such Frank Act reference from the part 16 Commission is amending its delegation other employee or employees as the statutory authority citation and of authority in § 19.00(a)(3) to remove Director may designate from time to updating the part 16 statutory authority the DMO Director from its list of time. The Commission is also deleting citation to reflect the correct numerical delegates and to delegate such authority the Dodd-Frank Act reference from the ordering of the statutory provisions to the DOE Director, or such other part 21 statutory authority citation. cited. The Commission is also amending employee or employees as the Director may designate from time to time. The I. Part 48 the outline formatting of § 16.07. Commission is also deleting the Dodd- Part 48 of the Commission’s D. Part 17 Frank Act reference from the part 19 regulations governs the registration of statutory authority citation. FBOTs. The Commission is amending Part 17 of the Commission’s G. Part 20 the part 48 rules to add a new § 48.11 regulations governs reports by reporting that addresses delegations of authority markets, futures commission merchants, Part 20 of the Commission’s to DMO. Section 48.11 will address clearing members, and foreign brokers. regulations governs large trader delegations with respect to the In § 17.03, the Commission is adding a reporting for physical commodity following provisions: delegation of authority, pursuant to swaps. Section 20.8 governs 1. Section 48.7 governs FBOT § 17.01(e), to the ODT Director, in Commission delegated authority to the requirements for registration. The consultation with the DMO Director, or DMO Director to: Issue special calls for Commission is delegating authority, such other employee or employees as certain forms, books and records; pursuant to § 48.7, for the DMO Director the Directors each may designate from determine the form and manner of and his designated staff to request time to time, to issue requests for Forms reporting; and determine compliance additional information and 102 and 71. The Commission is also schedules. The Commission is documentation in connection with an making typographical corrections to the amending its delegation of authority in application for registration. time formatting in § 17.02, and deleting § 20.8 to remove the DMO Director as its 2. Section 48.9 governs the revocation the Dodd-Frank Act reference from the delegate for issuing § 20.6(d) special of an FBOT’s registration. The part 17 statutory authority citation. calls for books and records, and to Commission is delegating authority,

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pursuant to § 48.9(a)(1) and (c), for the 2. Section 140.73, pertaining to each may designate from time to time. DMO Director and his designated staff delegation of authority to disclose The Commission is also deleting the to: (i) Notify an FBOT that, pursuant to information to United States, states, and Dodd-Frank Act reference from the part § 48.9(a)(1), the registered FBOT or the foreign government agencies and foreign 150 statutory authority citation. clearing organization has failed to futures authorities. III. Administrative Compliance satisfy any registration requirements or Currently, § 140.73 delegates conditions for registration; and (ii) authority directly to the various A. Administrative Procedure Act pursuant to § 48.9(c), request that the Commission Division directors and FBOT file a written demonstration, certain identified senior staff positions The Administrative Procedure Act containing such supporting data, to disclose confidential information. (‘‘APA’’) 5 generally requires a Federal information, and documents, in such The Commission is amending its agency to publish notice of a proposed form and manner and within such delegation of authority in § 140.72(a) to rulemaking in the Federal Register and timeframe as the Commission may delegate authority to Division directors to allow opportunity for public specify, that the foreign board of trade and their designated staff members. comment before promulgating a final or clearing organization is in 3. Section 140.74, pertaining to rule.6 This requirement does not apply, compliance with the registration delegation of authority to issue special however, to ‘‘rules of agency requirements and/or conditions for calls for series 03 reports and Form 40. organization, procedure, or practice.’’ 7 registration. The Commission is amending This final rule makes conforming § 140.74 to remove the delegation of 3. Section 48.10 requires that FBOTs amendments to various Commission authority to the DMO Director, and to that wish to make additional contracts regulations to reflect the recent delegate such authority to the DOE available to trade by members or organizational restructuring at the Director, or such other employee or participants located in the United States Commission, including corresponding employees as the Director may designate with direct access to the FBOT’s trade- updates to Commission delegations of from time to time, for issuing special matching system must submit to the authority to staff, which changes fit calls for series 03 reports. The Commission a written request before squarely into the category of ‘‘rules of Commission is also amending § 140.74 offering the additional contracts in the agency organization, procedure, or to delete a duplicate rule provision 8 U.S. The FBOT can offer the additional practice.’’ This final rule also corrects regarding authority to issue special calls contracts for trading 10 business days typographical errors and outdated for Form 40. statutory references, which have no after the Commission receives the 4. Section 140.97, pertaining to FBOT’s written request unless the impact on substantive rights or delegation of authority regarding obligations under the CEA and are Commission notifies the FBOT that requests for classification of positions as additional time is needed to complete entirely ministerial and procedural in bona fide hedging. nature. Therefore, this rulemaking is its review of policy or other issues The Commission is amending pertinent to the additional contracts. excepted from the public rulemaking § 140.97 to remove the delegation of provisions of the APA.9 Conforming The Commission is delegating authority, authority to the DMO Director, and to under § 48.10, for the DMO Director and amendments to certain delegations of delegate such authority to the DOE authority to reflect organizational his designated staff to, within the 10- Director, or such other employee or day review period, notify an FBOT changes, updating of relevant statutory employees as the Director may designate authority and other technical whether additional time is needed to from time to time. complete its review of policy or other corrections, will not cause any party to issues pertinent to the additional K. Part 150 undertake new or additional efforts to contracts, or that the contract can be Part 150 of the Commission’s comply with the regulations as revised. made available for trading by direct regulations governs limits on positions. This final rule shall become effective access. Sections 150.3(b) and 150.4(e) govern upon publication in the Federal Register. J. Part 140 Commission delegated authority to the DMO Director to issue calls for B. Regulatory Flexibility Act Part 140 of the Commission’s information related to claims of regulations governs organization, exemptions from positions limits, The Regulatory Flexibility Act functions and procedures of the certain position, trading and business requires the Commission to consider Commission. The Commission is relationship information, and to whether the regulations it adopts will making the following amendments to determine the form, coding structure have a significant economic impact on the part 140 regulations. and transmission procedures for a substantial number of small entities.10 1. Section 140.72, pertaining to submitting data. The Commission is The Commission is obligated to conduct delegation of authority to disclose amending its special call delegation of a regulatory flexibility analysis for any confidential information to a registered authority in §§ 150.3(b) and 150.4(e) to rule for which the agency publishes a entity, swap execution facility, swap remove the DMO Director from its list general notice of proposed rulemaking data repository, registered futures of delegates and to delegate such pursuant to section 553(b) of the APA.11 association or self-regulatory authority to the DOE Director, or such However, this rulemaking is excepted organization. other employee or employees as the from the public rulemaking provisions Currently, § 140.72 delegates Director may designate from time to authority directly to the various time. The Commission is also amending 5 5 U.S.C. 551 et seq. Commission Division directors and its form and manner delegation of 6 5 U.S.C. 553. certain identified senior staff positions authority in § 150.4(e) to remove the 7 5 U.S.C. 553(b)(A). Notice or hearing is not DMO Director from its list of delegates required in these circumstances by the Commodity to disclose confidential information. Exchange Act, 7 U.S.C. 1 et seq. The Commission is amending its and to delegate such authority to the 8 Id. delegation of authority in § 140.72(a) to ODT Director, with the concurrence of 9 5 U.S.C. 553(b). delegate authority to Division directors the DOE Director, or such other 10 See 5 U.S.C. 601 et seq. and their designated staff members. employee or employees as the Directors 11 5 U.S.C. 601(2).

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of the APA.12 Accordingly, the 2. Costs List of Subjects Commission is not obligated to conduct There are no costs to the industry or 17 CFR Part 5 a regulatory flexibility analysis for this the public associated with the rulemaking. amendments to certain Commission Commodity futures, Consumer protection, Foreign currencies, Off- C. Paperwork Reduction Act delegations of authority, regulation statutory citations, or typographical exchange transactions, Reporting and The Commission may not conduct or errors in the regulations. recordkeeping requirements, Securities, sponsor, and a respondent is not Trade practices. 3. Benefits required to respond to, a collection of 17 CFR Part 11 information contained in a rulemaking The Commission believes that market unless the information collection participants and the public will benefit Administrative practice and displays a currently valid control from these ministerial rule amendments procedure, Investigations. number issued by the Office of since the updated delegations of 17 CFR Part 16 Management and Budget (‘‘OMB’’) authority will reflect the Commission’s Contract markets, Reporting and pursuant to the Paperwork Reduction ‘‘mission to identify and prosecute recordkeeping requirements, Swap Act.13 This rulemaking contains no violations of law and regulation’’ and collection of information that obligates ‘‘foster increased efficiencies through execution facilities. the Commission to obtain a control knowledge sharing and cross training 17 CFR Part 17 number from OMB. under unified leadership; thus Brokers, Clearing members, Foreign D. Cost-Benefit Considerations benefitting the Commission’s brokers, Futures commission merchants, surveillance mission and enforcement Reporting and recordkeeping 1. Introduction responsibilities.’’ 15 The amendments requirements, Reporting markets. Section 15(a) of the CEA requires the will also benefit market participants and Commission to consider the costs and the public by eliminating outdated 17 CFR Part 18 benefits of its actions before statutory authority references in the Reporting and recordkeeping promulgating a regulation under the regulation text and making limited requirements, Traders. 14 technical and typographical corrections. CEA or issuing certain orders. Section 17 CFR Part 19 15(a) further specifies that the costs and 4. Section 15(a) Factors benefits shall be evaluated in light of Bona fide hedge positions, Cotton, Protection of market participants and Grains, Merchants and dealers, five broad areas of market and public the public. The Commission believes concern: (1) Protection of market Reporting and recordkeeping that correcting minor technical and requirements. participants and the public; (2) typographical errors in certain parts of efficiency, competitiveness, and its rules and updating certain 17 CFR Part 20 financial integrity of futures markets; (3) delegations of authority to accurately price discovery; (4) sound risk Administrative practice and reflect recent organizational changes procedure, Large traders, Physical management practices; and (5) other advances its mission to protect market public interest considerations. The commodity swaps, Reporting and participants and the public. recordkeeping requirements. Commission considers the costs and Efficiency, competitiveness, and benefits resulting from its discretionary financial integrity of futures markets. 17 CFR Part 21 determinations with respect to the The Commission believes that the Brokers, Reporting and recordkeeping section 15(a) factors. amendments will not materially affect requirements, Special calls. The Commission is amending its the efficiency, competitiveness, and delegations of authority in §§ 5.20(d), financial integrity of futures markets 17 CFR Part 48 11.2(a), 16.07, 18.03, 19.00(a)(3), 20.8, because the rule changes are ministerial Foreign boards of trade, Registration 21.05, 140.72(a), 140.73, 140.74, 140.97, and do not affect the operations of requirements, Reporting and 150.3(b) and 150.4(c), and in part 48. markets. recordkeeping requirements. The Commission is also amending Price discovery. The Commission certain statutory citations in, and believes that the amendments will not 17 CFR Part 140 making limited technical and materially affect the price discovery Authority delegations (government typographical corrections to parts 5, 11, process because the rule changes are agencies), Conflicts of interest, 16, 18, 19, 20, 21, 140, and 150. For ministerial and do not affect the Organization and functions (government assessing whether and to what extent operations of markets. agencies). costs or benefits are likely to flow from Sound risk management practices. the amendments, the Commission is The Commission believes that the 17 CFR Part 150 using the CEA and related regulations amendments will not materially affect Cotton, Grains, Position limits. that currently instruct market sound risk management practices For the reasons stated in the participants as to which delegated because the rule changes are ministerial preamble, the Commodity Futures authorities may ask for and receive and do not affect how market Trading Commission amends 17 CFR requested information. The proposed participants conduct risk management. chapter I as set forth below: amendments do not change the status Other public interest considerations. quo. The Commission has not identified any PART 5—OFF-EXCHANGE FOREIGN other public interest consideration. CURRENCY TRANSACTIONS 12 5 U.S.C. 553(b)(A) (‘‘rules of agency organization, procedure, or practice’’); 5 U.S.C. 15 See Remarks of Acting Chairman J. Christopher ■ 1. The authority citation for part 5 is 553(b)(B) (‘‘agency for good cause finds . . . that Giancarlo before the 42nd Annual International revised to read as follows: notice and public procedure thereon are . . . Futures Industry Conference in Boca Raton, FL, unnecessary . . . .’’). CFTC: A New Direction Forward (March 15, 2017) Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6c, 6d, 13 See 44 U.S.C. 3501 et seq. available at http://www.cftc.gov/PressRoom/ 6e, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 8, 9, 9a, 12, 14 7 U.S.C. 19(a). SpeechesTestimony/opagiancarlo-20. 12a, 13b, 13c, 16a, 18, 19, 21, and 23.

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■ 2. In § 5.20, revise paragraph (d) to and submissions, through exercise of transmission procedures used by read as follows: inspection powers over boards of trade, reporting markets. reporting traders, and persons required (d) Pursuant to § 16.02, the authority § 5.20 Special calls for account and by law to register with the Commission, to determine the specific content of any transaction information. or when authorized by order of the daily trade and supporting data report, * * * * * Commission, through the issuance of request that such reports be (d) Delegation of authority to the subpoenas. The Director shall report to accompanied by data that identifies or Director of the Division of Swap Dealer the Commission the results of his facilitates the identification of each and Intermediary Oversight and the investigations and recommend to the trader for each transaction or order Director of the Division of Enforcement. Commission such enforcement action as included in a submitted trade and The Commission hereby delegates, until he deems appropriate. supporting data report, and establish the the Commission orders otherwise, to the * * * * * time for the submission of and the Director of the Division of Swap Dealer manner and format of such reports. and Intermediary Oversight and the PART 16—REPORTS BY CONTRACT Director of the Division of Enforcement, MARKETS AND SWAP EXECUTION PART 17—REPORTS BY REPORTING or to the respective Director’s designees, FACILITIES MARKETS, FUTURES COMMISSION the authority set forth in this section to MERCHANTS, CLEARING MEMBERS, make special calls for information on ■ 5. The authority citation for part 16 is AND FOREIGN BROKERS controlled accounts from retail foreign revised to read as follows: ■ 7. The authority citation for part 17 is exchange dealers, futures commission Authority: 7 U.S.C. 2, 6a, 6c, 6g, 6i, 7, and merchants and from introducing 7b–3. revised to read as follows: brokers, and to make special calls for ■ 6. Revise § 16.07 to read as follows: Authority: 7 U.S.C. 2, 6a, 6c, 6d, 6f, 6g, 6i, information on open contracts in 6t, 7, 7a, and 12a. accounts carried or introduced by § 16.07 Delegation of authority to the ■ 8. In § 17.02, revise paragraphs futures commission merchants, Director of the Office of Data and (b)(2)(i) and (ii) and (c)(2)(i) and (ii) to Technology and to the Director of the introducing brokers, and foreign read as follows: brokers. Either Director may submit to Division of Market Oversight. the Commission for its consideration (a) The Commission hereby delegates, § 17.02 Form, manner and time of filing any matter that has been delegated until the Commission orders otherwise, reports. pursuant to this section. Nothing in this the authority set forth in paragraphs (b) * * * * * section shall be deemed to prohibit the and (c) of this section to the Director of (b) * * * Commission, at its election, from the Office of Data and Technology, with (2) * * * exercising the authority delegated in the concurrence of the Director of the (i) The applicable reporting party this section to the Directors. Division of Market Oversight, or such shall submit a completed Form 102 to other employee or employees as the the Commission no later than 9 a.m. on PART 11—RULES RELATING TO Directors each may designate from time the business day following the date on INVESTIGATIONS to time. The Commission hereby which the special account becomes delegates, until the Commission orders reportable, or on such other date as ■ 3. The authority citation for part 11 is otherwise, the authority set forth in directed by special call of the revised to read as follows: paragraph (d) of this section to the Commission or its designee, and as Authority: 7 U.S.C. 4a(j), 9, 12, 12a(5) and Director of the Division of Market periodically required thereafter by 15. Oversight, to be exercised by such paragraphs (b)(3) and (4) of this section. ■ 4. In § 11.2, revise paragraph (a) to Director or by such other employee or Such form shall include all required read as follows: employees of such Director as may be information, including the names of the designated from time to time by the owner(s) and controller(s) of each § 11.2 Authority to conduct investigations. Director. The Directors may submit to trading account that is not an omnibus (a) The Director of the Division of the Commission for its consideration account, and that comprises a special Enforcement and members of the any matter which has been delegated in account reported on the form, provided Commission staff acting pursuant to his this paragraph. Nothing in this that, with respect to such owners(s) and authority and under his direction may paragraph prohibits the Commission, at controller(s), information other than the conduct such investigations as he deems its election, from exercising the names of such parties may be reported appropriate to determine whether any authority delegated in this paragraph. in accordance with the instructions and persons have violated, are violating, or (b) Pursuant to §§ 16.00(b) and schedule set forth in paragraph (b)(2)(ii) are about to violate the provisions of the 16.01(d), as applicable, the authority to, of this section. Unless otherwise Commodity Exchange Act, as amended, with the concurrence of the Director of specified by the Commission or its or the rules, regulations or orders the Division of Market Oversight or the designee, the stated time is Eastern adopted by the Commission pursuant to Director’s delegate, determine whether Time for information concerning that Act, or, in accordance with the reporting markets must submit data in markets located in that time zone, and provisions of section 12(f) of the Act, hard copy, and the time that such data Central Time for information concerning whether any persons have violated, are may be submitted where the Director all other markets. violating or are about to violate the determines that a reporting market is (ii) With respect to the owner(s) and laws, rules or regulations relating to unable to meet the requirements set controller(s) of each trading account that futures or options matters administered forth in the regulations. is not an omnibus account, and that or enforced by a foreign futures (c) Pursuant to §§ 16.00(b)(1), comprises a special account reported on authority, or whether an applicant for 16.01(d)(1), and 16.06, the authority to, Form 102, information other than the registration or designation meets the with the concurrence of the Director of names of such parties must be provided requisite statutory criteria. For this the Division Market Oversight or the on Form 102 no later than 9 a.m. on the purpose, the Director may obtain Director’s delegate, approve the format, third business day following the date on evidence through voluntary statements coding structure and electronic data which the special account becomes

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reportable, or on such other date as § 17.03 Delegation of authority to the the authority to make special calls for directed by special call of the Director of the Office of Data and information as set forth in § 18.04 to the Commission or its designee, and as Technology or the Director of the Division Director of the Office of Data and of Market Oversight. periodically required thereafter by Technology to be exercised by the paragraphs (b)(3) and (4) of this section. * * * * * Director, in consultation with the Unless otherwise specified by the (e) Pursuant to § 17.01(c), the Director of the Division of Market Commission or its designee, the stated authority shall be designated to the Oversight, or such other employee or time is Eastern Time for information Director of the Office of Data and employees as the Directors each may concerning markets located in that time Technology, in consultation with the designate from time to time. Director of the Division of Market zone, and Central Time for information (c) The Directors of the Division of Oversight, or such other employee or concerning all other markets. Enforcement and Office of Data and employees as the Directors each may Technology may submit to the * * * * * designate from time to time, to make Commission for its consideration any (c) * * * special calls on Form 71 for omnibus matter which has been delegated in this (2) * * * volume threshold account originators section. and omnibus reportable sub-account (d) Nothing in this section prohibits (i) The clearing member shall submit originators information as set forth in the Commission, at its election, from a completed Form 102 to the § 17.01(c). exercising the authority delegated in Commission no later than 9 a.m. on the (f) Pursuant to § 17.01(e), the this section. business day following the date on authority shall be designated to the which the volume threshold account Director of the Office of Data and PART 19—REPORTS BY PERSONS becomes reportable, or on such other Technology, in consultation with the HOLDING BONA FIDE HEDGE date as directed by special call of the Director of the Division of Market POSITIONS PURSUANT TO § 1.3(z) OF Commission or its designee, and as Oversight, or such other employee or THIS CHAPTER AND BY MERCHANTS periodically required thereafter by employees as the Directors each may AND DEALERS IN COTTON paragraphs (c)(3) and (4) of this section. designate from time to time, to request Such form shall include all required information required to be filed by ■ 12. The authority citation for part 19 information, including the names of the futures commission merchants, clearing is revised to read as follows: owner(s) and controller(s) of each members, foreign brokers, and reporting Authority: 7 U.S.C. 6g(a), 6i, and 12a(5). volume threshold account reported on markets as set forth in § 17.01. ■ 13. In § 19.00, revise paragraph (a)(3) the form that is not an omnibus account, (g) Pursuant to § 17.02(b)(4), the to read as follows: provided that, with respect to such authority shall be designated to the owners(s) and controller(s), information Director of the Division of Market § 19.00 General provisions. other than the names of such parties Oversight to determine the date on (a) * * * may be reported in accordance with the which each futures commission (3) All persons holding or controlling instructions and schedule set forth in merchant, clearing member, or foreign positions for future delivery that are paragraph (c)(2)(ii) of this section. broker shall update or otherwise reportable pursuant to § 15.00(p)(1) of Unless otherwise specified by the resubmit every Form 102 that it has this chapter who have received a special call for series ‘04 reports from the Commission or its designee, the stated submitted to the Commission for each of Commission or its designee. Filings in time is Eastern Time for information its special accounts. response to a special call shall be made concerning markets located in that time (h) Pursuant to § 17.02(c)(4), the within one business day of receipt of the zone, and Central Time for information authority shall be designated to the special call unless otherwise specified concerning all other markets. Director of the Division of Market Oversight to determine the date on in the call. For the purposes of this (ii) With respect to the owner(s) and which each clearing member shall paragraph, the Commission hereby controller(s) of each volume threshold update or otherwise resubmit every delegates to the Director of the Division account reported on Form 102 that is Form 102 that it has submitted to the of Enforcement, or such other employee not an omnibus account, information Commission for each of its volume or employees as the Director may other than the names of such parties threshold accounts. designate from time to time, authority to must be provided on Form 102 no later issue calls for series ‘04 reports. than 9 a.m. on the third business day PART 18—REPORTS BY TRADERS * * * * * following the date on which the volume threshold account becomes reportable, ■ 10. The authority citation for part 18 PART 20—LARGE TRADER or on such other date as directed by is revised to read as follows: REPORTING FOR PHYSICAL special call of the Commission or its Authority: 7 U.S.C. 2, 4, 5, 6a, 6c, 6f, 6g, COMMODITY SWAPS designee, and as periodically required 6i, 6k, 6m, 6n, 6t, 12a, and 19. ■ 14. The authority citation for part 20 thereafter by paragraphs (c)(3) and (4) of ■ 11. Revise § 18.03 to read as follows: this section. Unless otherwise specified is revised to read as follows: by the Commission or its designee, the § 18.03 Delegation of authority. Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6c, 6f, stated time is Eastern Time for (a) The Commission hereby delegates, 6g, 6t, 12a, 19. information concerning markets located until the Commission orders otherwise, ■ 15. In § 20.5, revise paragraphs (a)(4) in that time zone, and Central Time for the authority to make special calls on and (b) to read as follows: information concerning all other traders for information as set forth in markets. §§ 18.00 and 18.05 to the Director of the § 20.5 Series S filings. * * * * * Division of Enforcement, or such other (a) * * * employee or employees as the Director (4) Change updates. If any change ■ 9. In § 17.03, revise paragraphs (e), (f), may designate from time to time. causes the information filed by a and (g) and add paragraph (h) to read as (b) The Commission hereby delegates, clearing member or swap dealer on a follows: until the Commission orders otherwise, Form 102 for a consolidated account to

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no longer be accurate, then such of the Office of Data and Technology, (2) In § 48.9(a)(1), to notify a clearing member or swap dealer shall with the concurrence of the Director of registered foreign board of trade that it file an updated Form 102 with the the Division of Market Oversight, or or the clearing organization has failed to Commission no later than 9 a.m. on the such other employee or employees as satisfy any registration requirements or business day after such change occurs, the Directors each may designate from conditions for registration; or on such other date as directed by time to time, the authority, in § 20.7, for (3) In § 48.9(c), to request that a special call of the Commission, providing instructions or determining registered foreign board of trade file provided that, a clearing member or the format, coding structure, and with the Commission a written swap dealer may stop providing change electronic data transmission procedures demonstration, containing such updates for a Form 102 that it has for submitting data records and any supporting data, information, and submitted to the Commission for any other information required under this documents, in such form and manner consolidated account upon notifying the part. and within such timeframe as the Commission or its designee that the (e) The Directors of the Division of Commission may specify, that the account in question is no longer Enforcement, Division of Market foreign board of trade or clearing reportable as a consolidated account Oversight, and the Office of Data and organization is in compliance with the and has not been reportable as a Technology may submit to the registration requirements and/or consolidated account for the past six Commission for its consideration any conditions for registration; and months. Unless otherwise specified by matter which has been delegated in this (4) In § 48.10, to notify a foreign board the Commission or its designee, the section. of trade whether additional time is stated time is Eastern Time for (f) Nothing in this section prohibits needed for staff to complete its review information concerning markets located the Commission, at its election, from of policy or other issues pertinent to the in that time zone, and Central Time for exercising the authority delegated in additional contracts, or that the contract information concerning all other this section. can be made available for trading by markets. direct access. * * * * * PART 21—SPECIAL CALLS (b) The Director of the Division of (b) 40S filing. Every person subject to ■ 17. The authority citation for part 21 Market Oversight may submit to the books or records requirement under is revised to read as follows: Commission for its consideration any § 20.6 shall after a special call upon matter which has been delegated in this such person by the Commission file Authority: 7 U.S.C. 1a, 2, 2a, 4, 6a, 6c, 6f, section. with the Commission a 40S filing at 6g, 6i, 6k, 6m, 6n, 7, 7a, 12a, 19 and 21. (c) Nothing in this section prohibits such time and place as directed in the ■ 18. Revise § 21.05 to read as follows: the Commission, at its election, from call. A 40S filing shall consist of the exercising the authority delegated in submission of a Form 40, which shall be § 21.05 Delegation of authority. this section. completed by such person as if any The Commission hereby delegates, references to futures or option contracts until the Commission orders otherwise, PART 140—ORGANIZATION, were references to paired swaps or the special call authority set forth in FUNCTIONS, AND PROCEDURES OF swaptions as defined in § 20.1. §§ 21.01 and 21.02 to the Director of the THE COMMISSION ■ 16. Revise § 20.8 to read as follows: Division of Enforcement, or such other employee or employees as the Director ■ 21. The authority citation for part 140 § 20.8 Delegation of authority. may designate from time to time. The continues to read as follows: (a) The Commission hereby delegates, Director of the Division of Enforcement Authority: 7 U.S.C. 2(a)(12), 12a, 13(c), until it orders otherwise, to the Director may submit to the Commission for its 13(d), 13(e), and 16(b). of the Division of Enforcement, or such consideration any matter which has ■ 22. In § 140.72, revise paragraph (a) to other employee or employees as the been delegated in this paragraph. read as follows: Director may designate from time to Nothing in this section shall be deemed time, the authority in § 20.6(d) for to prohibit the Commission, at its § 140.72 Delegation of authority to issuing a special call. election, from exercising the authority disclose confidential information to a (b) The Commission hereby delegates, delegated in this section. registered entity, swap execution facility, until it orders otherwise, to the Director swap data repository, registered futures association or self-regulatory organization. of the Division of Market Oversight or PART 48—REGISTRATION OF such other employee or employees as FOREIGN BOARDS OF TRADE (a) Pursuant to the authority granted under sections 2(a)(11), 8a(5) and 8a(6) the Director may designate from time to ■ time, the authority in § 20.10 for 19. The authority citation for part 48 of the Act, the Commission hereby determining the described compliance continues to read as follows: delegates, until such time as the schedules. Authority: 7 U.S.C. 5, 6 and 12a, unless Commission orders otherwise, to the (c) The Commission hereby delegates, otherwise noted. Executive Director, the Director of the until it orders otherwise, to the Director ■ 20. Add § 48.11 to read as follows: Division of Swap Dealer and of the Office of Data and Technology, in Intermediary Oversight, the Director of consultation with the Director of the § 48.11 Delegation of authority. the Division of Clearing and Risk, the Division of Market Oversight, or such (a) The Commission hereby delegates, Chief Accountant, the General Counsel, other employee or employees as the until it orders otherwise, to the Director the Director of the Division of Market Directors each may designate from time of the Division of Market Oversight, or Oversight, the Director of the Division of to time, the authority: such other employee or employees as Enforcement, the Chief Economist of the (1) In § 20.5(a)(3) for issuing a special the Director may designate from time to Office of the Chief Economist, the call for a 102S filing; and time, the authority: Director of the Office of International (2) In § 20.5(b) for issuing a special (1) In § 48.7, to request additional Affairs, or such other employee or call for a 40S filing. information and documentation in employees as the General Counsel, (d) The Commission hereby delegates, connection with an application for Directors, Chief Accountant or Chief until it orders otherwise, to the Director registration; Economist each may designate from

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time to time, the authority to disclose to (c) Nothing in this section may Division of Enforcement, or such other an official of any registered entity, swap prohibit the Commission, at its election, employee or employees as the Director execution facility, swap data repository, from exercising the authority delegated may designate from time to time, the registered futures association, or self- to the Director of the Division of authority: regulatory organization as defined in Enforcement under paragraph (a) of this (i) In paragraph (b)(8)(iv) of this section 3(a)(26) of the Securities section. section to call for additional information Exchange Act of 1934, any information ■ 25. Revise § 140.97 to read as follows: from a person claiming the exemption necessary or appropriate to effectuate in paragraph (b)(8) of this section. the purposes of the Act, including, but § 140.97 Delegation of authority regarding (ii) In paragraph (c)(3) of this section not limited to, the full facts concerning requests for classification of positions as to call for additional information from a any transaction or market operation, bona fide hedging. person claiming an aggregation including the names of the parties (a) The Commodity Futures Trading exemption under this section. thereto. This authority to disclose shall Commission hereby delegates, until (2) The Commission hereby delegates, be based on a determination that the such time as the Commission orders until it orders otherwise, to the Director transaction or market operation disrupts otherwise, to the Director of the of the Office of Data and Technology, or tends to disrupt any market or is Division of Enforcement, or such other with the concurrence of the Director of otherwise harmful or against the best employee or employees as the Director the Division of Enforcement, or such interests of producers, consumers, or may designate from time to time, all other employee or employees as the investors or that disclosure is necessary functions reserved to the Commission in Directors each may designate from time or appropriate to effectuate the purposes §§ 1.47 and 1.48 of this chapter. to time, the authority in paragraph (d) of the Act. (b) The Director of the Division of of this section to provide instructions or * * * * * Enforcement may submit any matter determine the format, coding structure, which has been delegated to the and electronic data transmission ■ 23. In § 140.73, revise paragraph (a) Director under paragraph (a) of this procedures for submitting data records introductory text to read as follows: section to the Commission for its and any other information required § 140.73 Delegation of authority to consideration. under this part. disclose information to United States, (c) Nothing in this section may (3) The Directors of the Division of States, and foreign government agencies prohibit the Commission, at its election, Enforcement and the Office of Data and and foreign futures authorities. from exercising the authority delegated Technology may submit to the (a) Pursuant to sections 2(a)(11), 8a(5) to the Director of the Division of Commission for its consideration any and 8(e) of the Act, the Commission Enforcement under paragraph (a) of this matter which has been delegated in this hereby delegates, until such time as the section. section. Commission orders otherwise, to the (4) Nothing in this section prohibits General Counsel, the Director of the PART 150—LIMITS ON POSITIONS the Commission, at its election, from Division of Enforcement, the Director of exercising the authority delegated in ■ the Division of Market Oversight, the 26. The authority citation for part 150 this section. is revised to read as follows: Director of the Division of Swap Dealer Issued in Washington, DC, on June 20, and Intermediary Oversight, the Director Authority: 7 U.S.C. 6a, 6c, and 12a(5). 2017, by the Commission. of the Division of Clearing and Risk, the ■ 27. In § 150.3, revise paragraph (b) to Christopher J. Kirkpatrick, Chief Economist of the Office of the read as follows: Secretary of the Commission. Chief Economist, the Director of the Office of International Affairs, or such § 150.3 Exemptions. Note: The following appendix will not other employee or employees as the * * * * * appear in the Code of Federal Regulations. General Counsel, Chief Economist or (b) Call for information. Upon call by Appendix to Commission Delegated Directors listed in this section each may the Commission or the Director of the Authority Provisions and Technical designate from time to time the Division of Enforcement, or such other Amendments—Commission Voting authority to furnish information in the employee or employees as the Director Summary possession of the Commission obtained may designate from time to time, any in connection with the administration of person claiming an exemption from On this matter, Acting Chairman Giancarlo the Act, upon written request, to: speculative position limits under this and Commissioner Bowen voted in the section must provide to the Commission affirmative. No Commissioner voted in the * * * * * negative. ■ 24. Revise § 140.74 to read as follows: or the Division of Enforcement such information as specified in the call [FR Doc. 2017–13243 Filed 6–23–17; 8:45 am] § 140.74 Delegation of authority to issue relating to the positions owned or BILLING CODE 6351–01–P special calls for Series 03 Reports. controlled by that person; trading done (a) The Commodity Futures Trading pursuant to the claimed exemption; the Commission hereby delegates, until futures, options or cash market DEPARTMENT OF HOMELAND such time as the Commission orders positions which support the claim of SECURITY otherwise, to the Director of the exemption; and the relevant business Division of Enforcement, or such other relationships supporting a claim of Coast Guard employee or employees as the Director exemption. 33 CFR Part 100 may designate from time to time, the ■ 28. In § 150.4, revise paragraph (e) to authority to issue special calls for series read as follows: [Docket Number USCG–2017–0223] 03 reports under § 18.00 of this chapter. (b) The Director of the Division of § 150.4 Aggregation of positions. RIN 1625–AA08 Enforcement may submit any matter * * * * * Special Local Regulation; Zimovia which has been delegated to the (e) Delegation of authority. (1) The Strait, Wrangell, AK Director under this section to the Commission hereby delegates, until it Commission for its consideration. orders otherwise, to the Director of the AGENCY: Coast Guard, DHS.

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ACTION: Temporary final rule. of the power boat races in sufficient environmental, public health and safety time for the Coast Guard to solicit effects, distributive impacts, and equity. SUMMARY: The Coast Guard proposes to public comments. E.O.13563 emphasizes the importance establish a temporary special local We are issuing this rule, and under 5 of quantifying both costs and benefits, of regulation to enable vessel movement U.S.C. 553(d)(3), the Coast Guard finds reducing costs, of harmonizing rules, restrictions for certain waters of the that good cause exists for making it and of promoting flexibility. Executive Zimovia Strait. This action is necessary effective less than 30 days after Order 13771 (‘‘Reducing Regulation and to provide for the safety of life on these publication in the Federal Register. Controlling Regulatory Costs’’), directs navigable waters near Wrangell Harbor Delaying the effective date of this rule agencies to reduce regulation and during power boat races on July 4, 2017. would be impracticable for the reasons control regulatory costs and provides This regulation would prohibit persons described above. that ‘‘for every one new regulation and vessels from transiting through, issued, at least two prior regulations be mooring, or anchoring within the III. Legal Authority and Need for Rule identified for elimination, and that the specified race area unless authorized by The Coast Guard is issuing this rule cost of planned regulations be prudently the Captain of the Port Southeast Alaska under authority in 33 U.S.C. 1233. The managed and controlled through a or a designated representative. Commander, Seventeenth District has budgeting process.’’ DATES: This rule is effective from 3 p.m. determined that potential risks of The Office of Management and Budget on July 4, 2017 through 7 p.m. on July collision, allision, and wake damage (OMB) has not designated this rule a 4, 2017. associated with power boat racing will significant regulatory action under ADDRESSES: To view documents be a safety concern for any vessels section 3(f) of Executive Order 12866. mentioned in this preamble as being (other than the participants) entering the Accordingly, the Office of Management available in the docket, go to http:// race course. Boat races typically result and Budget (OMB) has not reviewed it. www.regulations.gov, type USCG–2017– in vessel and spectator congestion in the This regulatory action determination 0223 in the ‘‘SEARCH’’ box and click proximity of the race course. Vessel is based on the size, location, duration, ‘‘SEARCH.’’ Click on Open Docket movement restrictions are necessary to and time-of-day of the special local Folder on the line associated with this ensure spectators remain an adequate regulation. Vessel traffic would be able rule. distance from the specified race area to safely transit around the proposed FOR FURTHER INFORMATION CONTACT: If thereby providing unencumbered access race area which would impact a small you have questions about this rule, call for emergency response craft in the designated area in Wrangell Harbor for or email LT Kristi Sloane, Sector event of a race-related emergency. This 4 hours. Moreover, the Coast Guard Juneau, Waterways Management rule establishes a specified race area and would issue a Broadcast Notice to Division, Coast Guard: telephone 907– ensurse the safety of this marine event Mariners via VHF–FM marine channel 463–2846, email D17-SMB-Sector- by prohibiting persons and vessel 16 about the race area, and the rule [email protected]. operators from entering, transiting or would allow vessels to seek permission SUPPLEMENTARY INFORMATION: remaining within the designated race to enter the race area. zone during times of enforcement. I. Table of Abbreviations B. Impact on Small Entities IV. Discussion of the Rule CFR Code of Federal Regulations The Regulatory Flexibility Act of This rule establishes a special local § Section 1980, 5 U.S.C. 601–612, as amended, U.S.C. United States Code regulation to restrict vessel movement requires Federal agencies to consider COTP Captain of the Port within the race area from 3 p.m. to 7 the potential impact of regulations on p.m. on July 4, 2017 to include Wrangell II. Background Information and small entities during rulemaking. The Harbor entrance and an area extending Regulatory History term ‘‘small entities’’ comprises small north along the shoreline approximately businesses, not-for-profit organizations The Coast Guard is issuing this 600 yards. No vessel or person would be that are independently owned and temporary rule without prior notice and permitted to enter the special local operated and are not dominant in their opportunity to comment pursuant to regulation without obtaining permission fields, and governmental jurisdictions authority under section 4(a) of the from the COTP or a designated with populations of less than 50,000. Administrative Procedure Act (APA) (5 representative. U.S.C. 553(b)). This provision The Coast Guard certifies under 5 U.S.C. authorizes an agency to issue a rule V. Regulatory Analyses 605(b) that this rule would not have a without prior notice and opportunity to We developed this rule after significant economic impact on a comment when the agency for good considering numerous statutes and substantial number of small entities. cause finds that those procedures are Executive orders related to rulemaking. While some owners or operators of ‘‘impracticable, unnecessary, or contrary Below we summarize our analyses vessels intending to transit the race area to the public interest.’’ Under 5 U.S.C. based on a number of these statutes and may be small entities, for the reasons 553(b)(B), the Coast Guard finds that Executive orders and we discuss First stated in section V.A above this rule good cause exists for not publishing a Amendment rights of protestors. would not have a significant economic notice of proposed rulemaking (NPRM) impact on any vessel owner or operator. with respect to this rule because it A. Regulatory Planning and Review Under section 213(a) of the Small would be impracticable. The Wrangell E.O.s 12866 (‘‘Regulatory Planning Business Regulatory Enforcement Chamber of Commerce will be and Review’’) and 13563 (‘‘Improving Fairness Act of 1996 (Pub. L. 104–121), conducting power boat races from 3 Regulation and Regulatory Review’’) we want to assist small entities in p.m. to 7 p.m. on July 4, 2017 for the direct agencies to assess the costs and understanding this rule. If the rule Wrangell 4th of July Celebration. The benefits of available regulatory would affect your small business, boat races will be taking place alternatives and, if regulation is organization, or governmental approximately 100 yards off of the city necessary, to select regulatory jurisdiction and you have questions dock in Wrangell, AK. The event approaches that maximize net benefits concerning its provisions or options for organizers did not finalize the location including potential economic, compliance, please contact the person

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listed in the FOR FURTHER INFORMATION will not result in such an expenditure, 132°23.154 W., and 56°28.077 N., CONTACT section. we do discuss the effects of this rule 132°23.074 W., until reaching the Small businesses may send comments elsewhere in this preamble. northwestern most end of Wrangell City on the actions of Federal employees pier at a line connecting the following F. Environment who enforce, or otherwise determine points: 56°28.299 N., 132°23.454 W., compliance with, Federal regulations to We have analyzed this proposed rule and 56°28.276 N., 132°23.495 W. the Small Business and Agriculture under Department of Homeland (b) Regulations. In accordance with Regulatory Enforcement Ombudsman Security Management Directive 023–01 the general regulations in 33 CFR part and the Regional Small Business and Commandant Instruction 100, the regulated area shall be closed Regulatory Fairness Boards. The M16475.lD, which guide the Coast immediately prior to, during and Ombudsman evaluates these actions Guard in complying with the National immediately after the event to all annually and rates each agency’s Environmental Policy Act of 1969 (42 persons and vessels not participating in responsiveness to small business. If you U.S.C. 4321–4370f), and have the event and authorized by the event wish to comment on actions by determined that this action is one of a sponsor. employees of the Coast Guard, call 1– category of actions that do not (c) Authorization. All persons or 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a vessels who desire to enter the Coast Guard will not retaliate against significant effect on the human designated race area created in this small entities that question or complain environment. This rule involves section while it is enforced must obtain about this rule or any policy or action implementation of a special local permission from the on-scene patrol of the Coast Guard. regulation lasting 4 hours that would craft on VHF Ch 9. prohibit entry within 100 yards of the (d) Enforcement period. This section C. Collection of Information event area. It is categorically excluded will be enforced from 3 p.m. to 7 p.m. This rule would not call for a new from further review under paragraph on July 4, 2017. collection of information under the 34(h) of Figure 2–1 of Commandant Dated: June 15, 2017. Paperwork Reduction Act of 1995 (44 Instruction M16475.lD. A Record of M.F. McAllister, U.S.C. 3501–3520). Environmental Consideration (REC) supporting this determination is Commander, RADM, U.S. Coast Guard, D. Federalism and Indian Tribal Seventeenth Coast Guard District. available in the docket where indicated Governments [FR Doc. 2017–13208 Filed 6–23–17; 8:45 am] under ADDRESSES. We seek any A rule has implications for federalism comments or information that may lead BILLING CODE 9110–04–P under Executive Order 13132, to the discovery of a significant Federalism, if it has a substantial direct environmental impact from this rule. effect on the States, on the relationship DEPARTMENT OF HOMELAND between the national government and G. Protest Activities SECURITY the States, or on the distribution of The Coast Guard respects the First Coast Guard power and responsibilities among the Amendment rights of protesters. various levels of government. We have Protesters are asked to contact the 33 CFR Part 117 analyzed this rule under that Order and person listed in the FOR FURTHER have determined that it is consistent INFORMATION CONTACT section to [Docket No. USCG–2017–0523] with the fundamental federalism coordinate protest activities so that your principles and preemption requirements message can be received without Drawbridge Operation Regulation; described in Executive Order 13132. jeopardizing the safety or security of Long Creek, Hempstead, NY Also, this rule does not have tribal people, places, or vessels. AGENCY: Coast Guard, DHS. implications under Executive Order 13175, Consultation and Coordination List of Subjects in 33 CFR Part 100 ACTION: Notice of deviation from with Indian Tribal Governments, Marine safety, Navigation (water), drawbridge regulation. because it does not have a substantial Reporting and recordkeeping SUMMARY: The Coast Guard has issued a direct effect on one or more Indian requirements, Waterways. temporary deviation from the operating tribes, on the relationship between the For the reasons discussed in the schedule that governs the Loop Parkway Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Bridge across Long Creek, mile 0.7, at or on the distribution of power and CFR part 100 as follows: Hempstead, New York. This action is responsibilities between the Federal necessary in order to facilitate an annual Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON fireworks display. The deviation allows believe this rule has implications for NAVIGABLE WATERS the bridge to remain in the closed federalism or Indian tribes, please ■ 1. The authority citation for part 100 position for approximately two and one contact the person listed in the FOR half hours. FURTHER INFORMATION CONTACT section. continues to read as follows: DATES: This deviation is effective from Authority: 33 U.S.C 1233. E. Unfunded Mandates Reform Act 9:30 p.m. on July 8, 2017 to 11:59 p.m. ■ 2. Add § 100.35T17–0223 to read as The Unfunded Mandates Reform Act on July 9, 2017. follows: of 1995 (2 U.S.C. 1531–1538) requires ADDRESSES: The docket for this Federal agencies to assess the effects of § 100.35T17–0223 Special Local deviation, USCG–2017–0523 is available their discretionary regulatory actions. In Regulation; Wrangell 4th of July at http://www.regulations.gov. Type the particular, the Act addresses actions Celebration Boat Races, Wrangell, AK. docket number in the ‘‘SEARCH’’ box that may result in the expenditure by a (a) Regulated area. The following area and click ‘‘SEARCH’’. Click on Open State, local, or tribal government, in the is specified as a race area: All waters of Docket Folder on the line associated aggregate, or by the private sector of Zimovia Straits, Wrangell, AK North of with this deviation. $100,000,000 (adjusted for inflation) or Wrangell Harbor entrance connecting FOR FURTHER INFORMATION CONTACT: If more in any one year. Though this rule the following points: 56°28.055 N., you have questions on this temporary

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deviation, call or email James M. Moore, DEPARTMENT OF HOMELAND II. Background Information and Bridge Management Specialist, First SECURITY Regulatory History District Bridge Branch, U.S. Coast On March 23, 2017, Sector Boston Coast Guard Guard; telephone 212–514–4334, email was made aware of a bridge [email protected]. rehabilitation project that includes the 33 CFR Part 165 replacement of the swing span portion SUPPLEMENTARY INFORMATION: The Town [Docket Number USCG–2017–0327] of MBTA Railroad Bridge, which spans of Hempstead Department of Public the Danvers River in Beverly and Salem, Safety submitted and the bridge owner, RIN 1625–AA00 Massachusetts. The COTP Boston has the New York State Department of determined that the potential hazards Transportation, concurred with a Safety Zone; Danvers River, Beverly, associated with the bridge rehabilitation temporary deviation request from the MA project will be a safety concern for normal operating schedule to facilitate a anyone within the work area. AGENCY: public fireworks event. Coast Guard, DHS. The project is scheduled to begin on ACTION: The Loop Parkway Bridge, mile 0.7, Temporary final rule. June 5, 2017 and be completed by November 1, 2017. During this project, across Long Creek, has a vertical SUMMARY: The Coast Guard is removal and replacement of the swing clearance of 21 feet at mean high water establishing a temporary safety zone for span will take place. No vessel or and 23 feet at mean low water in the the navigable waters within a 300-yard person will be permitted to enter the closed position. The existing radius of the swing span portion of the safety zone without obtaining drawbridge operating regulations are Massachusetts Bay Transportation permission from the COTP or a listed at 33 CFR 117.799(f). Authority (MBTA)/AMTRAK Bridge, at designated representative. The safety mile 0.05 on the Danvers River, between This temporary deviation will allow zone will be enforced during different Salem and Beverly, Massachusetts. The the Loop Parkway Bridge to remain periods when work barges and gantry safety zone is needed to protect closed from 9:30 p.m. through 11:59 cranes will be placed in the navigable personnel, vessels and the marine p.m. on July 8, 2017 with a rain date of channel or when other hazards to environment from potential hazards July 9, 2017. The waterway is used navigation arise. The Coast Guard will created during removal and replacement primarily by seasonal recreational issue a Broadcast Notice to Mariners via of the swing span portion of the MBTA vessels and occasional tug/barge traffic. marine channel 16 (VHF–FM) 24 hours Railroad Bridge. When enforced, this Coordination with waterway users has in advance to any period of enforcement regulation prohibits entry of vessels or or as soon as practicable in response to indicated no objections to this short- people into the safety zone unless an emergency. If the project is term closure of the draw. authorized by the Captain of the Port completed prior to November 1, 2017, Vessels that can pass under the bridge (COTP) Boston or a designated enforcement of the safety zone will be without an opening may do so at all representative. suspended and notice given via times. The bridge will be able to open DATES: This rule is effective without Broadcast Notice to Mariners. for emergencies. Additionally, there are actual notice from June 26, 2017 The Coast Guard is issuing this alternate routes for vessels to pass. through November 1, 2017. For the temporary final rule without prior The Coast Guard will also inform the purposes of enforcement, actual notice notice and opportunity to comment users of the waterways through our will be used from June 20, 2017 through pursuant to authority under section 4(a) Local and Broadcast Notices to Mariners June 26, 2017. of the Administrative Procedure Act of the change in operating schedule for ADDRESSES: To view documents (APA) (5 U.S.C. 553(b)). This provision the bridge so that vessel operators can mentioned in this preamble as being authorizes an agency to issue a rule arrange their transits to minimize any available in the docket, go to http:// without prior notice and opportunity to impact caused by the temporary www.regulations.gov, type USCG–2017– comment when the agency for good deviation. 0327 in the ‘‘SEARCH’’ box and click cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary In accordance with 33 CFR 117.35(e), ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this to the public interest.’’ Under 5 U.S.C. the drawbridge must return to its regular rule. 553(b)(B), the Coast Guard finds that operating schedule immediately at the good cause exists for not publishing an end of the effective period of this FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or NPRM with respect to this rule because temporary deviation. This deviation doing so would be impracticable and from the operating regulations is email Mark Cutter, Waterways Management Division, U.S. Coast Guard contrary to the public interest. The late authorized under 33 CFR 117.35. Sector Boston, telephone 617–223–4000, finalization of project details did not Dated: June 20, 2017. email [email protected]. give the Coast Guard enough time to publish an NPRM, take public C.J. Bisignano, SUPPLEMENTARY INFORMATION: comments, and issue a final rule before Supervisory Bridge Management Specialist, the construction work is set to begin. It First Coast Guard District. I. Table of Abbreviations would be impracticable and contrary to [FR Doc. 2017–13246 Filed 6–23–17; 8:45 am] CFR Code of Federal Regulations the public interest to delay BILLING CODE 9110–04–P COTP Captain of the Port promulgating this rule as it is necessary DHS Department of Homeland Security to protect the safety of the public and FR Federal Register waterway users. MBTA Massachusetts Bay Transportation Authority We are issuing this rule, and under 5 NAD 83 North American Datum 83 U.S.C. 553(d)(3), the Coast Guard finds NPRM Notice of proposed rulemaking that good cause exists for making it § Section effective less than 30 days after U.S.C. United States Code publication in the Federal Register.

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Delaying the effective date of this rule designated a ‘‘significant regulatory Ombudsman evaluates these actions would be impracticable and contrary to action,’’ under Executive Order 12866. annually and rates each agency’s the public interest for the same reasons Accordingly, it has not been reviewed responsiveness to small business. If you specified above. by the Office of Management and wish to comment on actions by Budget. employees of the Coast Guard, call 1– III. Legal Authority and Need for Rule The Coast Guard has determined that 888–REG–FAIR (1–888–734–3247). The The legal basis for this temporary rule this rulemaking is not a significant Coast Guard will not retaliate against is 33 U.S.C. 1231. The COTP Boston has regulatory action for the following small entities that question or complain determined that potential hazards reasons: (1) The safety zone only about this rule or any policy or action associated with the bridge rehabilitation impacts a small designated area of the of the Coast Guard. project starting on June 5, 2017 and Danvers River, (2) the zone will only be continuing through November 1, 2017 enforced when work barges and gantry C. Collection of Information will be a safety concern for anyone cranes will be placed in the navigable This rule will not call for a new within the work zone. This rule is channel during removal and collection of information under the needed to protect personnel, vessels, replacement of the swing span or if Paperwork Reduction Act of 1995 (44 and the marine environment within the necessitated by an emergency, (3) U.S.C. 3501–3520). safety zone while the bridge persons or vessels desiring to enter the D. Federalism and Indian Tribal rehabilitation project is completed. safety zone may do so with permission from the COTP Boston or a designated Governments IV. Discussion of the Rule representative. The Coast Guard will A rule has implications for federalism This rule establishes a safety zone notify the public of the enforcement of under Executive Order 13132, from June 5, 2017 through November 1, this rule via appropriate means, such as Federalism, if it has a substantial direct 2017. The safety zone will cover all via Local Notice to Mariners and effect on the States, on the relationship navigable waters from surface to bottom Broadcast Notice to Mariners. between the national government and of the Danvers River, MA within a 300- the States, or on the distribution of B. Impact on Small Entities yard radius of the swing span portion of power and responsibilities among the the Massachusetts Bay Transportation The Regulatory Flexibility Act of various levels of government. We have Authority (MBTA)/AMTRAK Bridge. 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and The duration of the zone is intended to requires Federal agencies to consider have determined that it is consistent protect people, vessels, and the marine the potential impact of regulations on with the fundamental federalism environment in these navigable waters small entities during rulemaking. The principles and preemption requirements during the bridge rehabilitation project. term ‘‘small entities’’ comprises small described in Executive Order 13132. No vessel or person will be permitted to businesses, not-for-profit organizations Also, this rule does not have tribal enter the safety zone without obtaining that are independently owned and implications under Executive Order permission from the COTP or a operated and are not dominant in their 13175, Consultation and Coordination designated representative. fields, and governmental jurisdictions with Indian Tribal Governments, The Coast Guard will notify the with populations of less than 50,000. because it does not have a substantial public and local mariners of this safety The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian zone through appropriate means, which 605(b) that this rule will not have a tribes, on the relationship between the may include, but are not limited to, significant economic impact on a Federal Government and Indian tribes, publication in the Federal Register, the substantial number of small entities. or on the distribution of power and Local Notice to Mariners, and Broadcast While some owners or operators of responsibilities between the Federal Notice to Mariners via marine Channel vessels intending to transit the safety Government and Indian tribes. If you 16 (VHF–FM) in advance of any zone may be small entities, for all of the believe this rule has implications for scheduled enforcement period. The reasons discussed in the REGULATORY federalism or Indian tribes, please regulatory text we are enforcing appears PLANNING AND REVIEW Section, this contact the person listed in the FOR at the end of this document. rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. V. Regulatory Analyses or operator. We developed this rule after Under section 213(a) of the Small E. Unfunded Mandates Reform Act considering numerous statutes and Business Regulatory Enforcement The Unfunded Mandates Reform Act Executive orders related to rulemaking. Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires Below we summarize our analyses 121), we want to assist small entities in Federal agencies to assess the effects of based on a number of these statutes and understanding this rule. If the rule their discretionary regulatory actions. In Executive orders, and we discuss First would affect your small business, particular, the Act addresses actions Amendment rights of protestors. organization, or governmental that may result in the expenditure by a jurisdiction and you have questions State, local, or tribal government, in the A. Regulatory Planning and Review concerning its provisions or options for aggregate, or by the private sector of Executive Orders 12866 and 13563 compliance, please contact the person $100,000,000 (adjusted for inflation) or direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION more in any one year. Though this rule benefits of available regulatory CONTACT section. will not result in such an expenditure, alternatives and, if regulation is Small businesses may send comments we do discuss the effects of this rule necessary, to select regulatory on the actions of Federal employees elsewhere in this preamble. approaches that maximize net benefits. who enforce, or otherwise determine Executive Order 13563 emphasizes the compliance with, Federal regulations to F. Environment importance of quantifying both costs the Small Business and Agriculture We have analyzed this rule under and benefits, of reducing costs, of Regulatory Enforcement Ombudsman Department of Homeland Security harmonizing rules, and of promoting and the Regional Small Business Management Directive 023–01 and flexibility. This rule has not been Regulatory Fairness Boards. The Commandant Instruction M16475.lD,

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which guide the Coast Guard in (b) Effective and enforcement period. enforcement vessel, or a location on complying with the National This section is effective on June 20, shore. Environmental Policy Act of 1969 (42 2017, through November 1, 2017, but C.C. Gelzer, U.S.C. 4321–4370f), and have will only be enforced during removal determined that this action is one of a Captain, U.S. Coast Guard, Captain of the and replacement of the swing span Port Boston. category of actions that do not portion of the MBTA Railroad Bridge or [FR Doc. 2017–13253 Filed 6–23–17; 8:45 am] individually or cumulatively have a other instances which may cause a BILLING CODE 9110–04–P significant effect on the human hazard to navigation, when deemed environment. This rule involves necessary by the Captain of the Port enforcing a temporary safety zone (COTP), Boston. during the removal and replacement of ENVIRONMENTAL PROTECTION the swing span MBTA Railroad Bridge, (c) Regulations. When this safety zone AGENCY which spans the Danvers River in is enforced, the regulations in 40 CFR Part 52 Beverly and Salem, Massachusetts. It is paragraphs (c)(1) through (3) of this categorically excluded from further section, along with those contained in [EPA–R05–OAR–2016–0760; FRL–9963–70– review under paragraph 34(g) of Figure 33 CFR 165.23 apply: Region 5] 2–1 of the Commandant Instruction. A (1) No person or vessel may enter or Record of Environmental Consideration remain in this safety zone without the Approval and Promulgation of Air (REC) for Categorically Excluded permission of the Captain of the Port Quality Implementation Plans; Indiana; CFR Update Actions will be available in the docket (COTP) or the COTP’s representatives. where indicated under ADDRESSES. We However, any vessel that is granted AGENCY: Environmental Protection seek any comments or information that permission by the COTP or the COTP’s Agency (EPA). may lead to the discovery of a representatives must proceed through ACTION: Direct final rule. significant environmental impact from the area with caution and operate at a this rule. speed no faster than that speed SUMMARY: The Environmental Protection G. Protest Activities necessary to maintain a safe course, Agency (EPA) is approving a request unless otherwise required by the submitted by the Indiana Department of The Coast Guard respects the First Navigation Rules. Environmental Management (IDEM) on Amendment rights of protesters. December 13, 2016, to revise the Indiana Protesters are asked to contact the (2) Any person or vessel permitted to state implementation plan (SIP). The person listed in the FOR FURTHER enter the safety zone shall comply with submission revises and updates the INFORMATION CONTACT section to the directions and orders of the COTP Indiana Administrative Code (IAC) coordinate protest activities so that your or the COTP’s representatives. Upon definition of ‘‘References to the Code of message can be received without being hailed by a U.S. Coast Guard Federal Regulations,’’ from the 2013 jeopardizing the safety or security of vessel by siren, radio, flashing lights, or edition to the 2015 edition. people, places or vessels. other means, the operator of a vessel DATES: This rule is effective on August List of Subjects in 33 CFR Part 165 within the zone shall proceed as 25, 2017, unless EPA receives adverse directed. Any person or vessel within written comments by July 26, 2017. If Harbors, Marine safety, Navigation the safety zone shall exit the zone when (water), Reporting and recordkeeping EPA receives adverse comments, EPA directed by the COTP or the COTP’s will publish a timely withdrawal of the requirements, Security measures, representatives. Waterways. rule in the Federal Register and inform the public that the rule will not take For the reasons discussed in the (3) To obtain permissions required by effect. preamble, the Coast Guard amends 33 this regulation, individuals may reach CFR part 165 as follows: the COTP or a COTP representative via ADDRESSES: Submit your comments, Channel 16 (VHF–FM) or 617–223–5757 identified by Docket ID No. EPA–R05– PART 165—REGULATED NAVIGATION (Sector Boston Command Center). OAR–2016–0760 at https:// AREAS AND LIMITED ACCESS AREAS (d) Penalties. Those who violate this www.regulations.gov or via email to section are subject to the penalties set [email protected]. For comments ■ 1. The authority citation for part 165 forth in 33 U.S.C. 1232. submitted at Regulations.gov, follow the continues to read as follows: online instructions for submitting (e) Notification. Coast Guard Sector Authority: 33 U.S.C. 1231; 50 U.S.C. 191; comments. Once submitted, comments Boston will give notice through the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; cannot be edited or removed from Local Notice to Mariners and Broadcast Department of Homeland Security Delegation Regulations.gov. For either manner of No. 0170.1. Notice to Mariners for the purpose of submission, EPA may publish any ■ enforcement of temporary safety zone. 2. Add § 165.T01–0327 to read as comment received to its public docket. follows: Sector Boston will also notify the public Do not submit electronically any to the greatest extent possible of any information you consider to be § 165.T01–0327 Safety Zone— period in which the Coast Guard will Massachusetts Bay Transportation Confidential Business Information (CBI) Authority/AMTRAK Bridge—Danvers River, suspend enforcement of this safety zone. or other information whose disclosure is Beverly, MA. (f) COTP representative. The COTP’s restricted by statute. Multimedia (a) Location. The following area is a representative may be any Coast Guard submissions (audio, video, etc.) must be safety zone. All navigable waters of the commissioned, or petty officer or any accompanied by a written comment. Danvers River, MA within a 300-yard federal, state, or local law enforcement The written comment is considered the radius of the swing span portion of the officer who has been designated by the official comment and should include Massachusetts Bay Transportation COTP to act on the COTP’s behalf. The discussion of all points you wish to Authority (MBTA)/AMTRAK Bridge in COTP’s representative may be on a make. EPA will generally not consider position 42°32.355′ N, 070°53.28′ W Coast Guard vessel, a Coast Guard comments or comment contents located (NAD 83). Auxiliary vessel, a state or local law outside of the primary submission (i.e.

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on the Web, cloud, or other file sharing consistent with the applicable CFR beyond those imposed by state law. For system). For additional submission regulations as of July 30, 2015. that reason, this action: methods, please contact the person • Is not a ‘‘significant regulatory III. What action is EPA taking? identified in the FOR FURTHER action’’ subject to review by the Office INFORMATION CONTACT section. For the EPA is approving as a revision to the of Management and Budget under full EPA public comment policy, Indiana SIP an update of 326 IAC 1–1– Executive Order 12866 (58 FR 51735, information about CBI or multimedia 3, ‘‘References to the Code of Federal October 4, 1993); submissions, and general guidance on Regulations.’’ • Does not impose an information making effective comments, please visit We are publishing this action without collection burden under the provisions https://www2.epa.gov/dockets/ prior proposal because we view this as of the Paperwork Reduction Act (44 commenting-epa-dockets. a noncontroversial amendment and U.S.C. 3501 et seq.); • Is certified as not having a FOR FURTHER INFORMATION CONTACT: anticipate no adverse comments. significant economic impact on a Charles Hatten, Environmental However, in the proposed rules section substantial number of small entities Engineer, Control Strategies Section, Air of this Federal Register publication, we under the Regulatory Flexibility Act (5 Programs Branch (AR–18J), are publishing a separate document that U.S.C. 601 et seq.); Environmental Protection Agency, will serve as the proposal to approve the • Does not contain any unfunded Region 5, 77 West Jackson Boulevard, state plan if relevant adverse written mandate or significantly or uniquely Chicago, Illinois 60604, (312) 886–6031, comments are filed. This rule will be affect small governments, as described [email protected]. effective August 25, 2017 without in the Unfunded Mandates Reform Act further notice unless we receive relevant SUPPLEMENTARY INFORMATION: of 1995 (Pub. L. 104–4); adverse written comments by July 26, Throughout this document whenever • Does not have Federalism 2017. If we receive such comments, we ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean implications as specified in Executive will withdraw this action before the EPA. This supplementary information Order 13132 (64 FR 43255, August 10, effective date by publishing a section is arranged as follows: 1999); subsequent document that will • Is not an economically significant I. What is the background for this action? withdraw the final action. All public II. What revision did the state request be regulatory action based on health or incorporated into the SIP? comments received will then be safety risks subject to Executive Order III. What action is EPA taking? addressed in a subsequent final rule 13045 (62 FR 19885, April 23, 1997); IV. Incorporation by Reference based on the proposed action. The EPA • Is not a significant regulatory action V. Statutory and Executive Order Reviews will not institute a second comment subject to Executive Order 13211 (66 FR period. Any parties interested in 28355, May 22, 2001); I. What is the background for this commenting on this action should do so • action? Is not subject to requirements of at this time. If we do not receive any Section 12(d) of the National On May 25, 2016, IDEM published a comments, this action will be effective Technology Transfer and Advancement ‘‘Notice of Public Information’’ in August 25, 2017. Act of 1995 (15 U.S.C. 272 note) because several newspapers, and on its Web site IV. Incorporation by Reference application of those requirements would at http://www.in.gov/idem/6777.htm, be inconsistent with the Clean Air Act; providing a 30-day public comment In this rule, EPA is finalizing and period on the proposed revision to its regulatory text that includes • Does not provide EPA with the SIP concerning update to the definition incorporation by reference. In discretionary authority to address, as of ‘‘References to the Code of Federal accordance with requirements of 1 CFR appropriate, disproportionate human Regulations.’’ A public hearing was held 51.5, EPA is finalizing the incorporation health or environmental effects, using on August 10, 2016. IDEM did not by reference of the Indiana regulations practicable and legally permissible receive any comments. described in the amendments to 40 CFR methods, under Executive Order 12898 On December 13, 2016, IDEM part 52 set forth below. The EPA has (59 FR 7629, February 16, 1994). submitted a request to revise the made, and will continue to make, these This rule is not approved to apply on definition of ‘‘References to the Code of documents generally available any Indian reservation land or in any Federal Regulations’’ in SIP rule 326 electronically through https:// other area where EPA or an Indian tribe IAC 1–1–3 to mean the 2015 edition of www.regulations.gov and/or in hard has demonstrated that a tribe has the Code of Federal Regulations (CFR). copy at the appropriate EPA office (see jurisdiction. In those areas of Indian the ADDRESSES section of this preamble country, the rule does not have tribal II. What revision did the state request for more information). implications as specified by Executive be incorporated into the SIP? V. Statutory and Executive Order Order 13175, nor will it impose IDEM has requested that EPA approve Reviews substantial direct costs on Tribal the Indiana Administrative Code rule governments or preempt tribal law. revision: Under the Clean Air Act, the The Congressional Review Act, 5 Rule 326 IAC 1–1–3, definition of Administrator is required to approve a U.S.C. 801 et seq., as added by the Small ‘‘References to Code of Federal SIP submission that complies with the Business Regulatory Enforcement Regulations’’. provisions of the Clean Air Act and Fairness Act of 1996, generally provides IDEM updated the reference to the applicable Federal regulations. 42 that before a rule may take effect, the CFR in 326 IAC 1–1–3 from the 2013 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, agency promulgating the rule must edition to the 2015 edition. This is in reviewing SIP submissions, EPA’s submit a rule report, which includes a solely an administrative change that role is to approve state choices, copy of the rule, to each House of the allows Indiana to reference a more provided that they meet the criteria of Congress and to the Comptroller General current version of the CFR. By the Clean Air Act. Accordingly, this of the United States. EPA will submit a amending 326 IAC 1–1–3 to reference action merely approves state law as report containing this action and other the 2015 version of the CFR, the meeting Federal requirements and does required information to the U.S. Senate, provision in Title 326 of the IAC will be not impose additional requirements the U.S. House of Representatives, and

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the Comptroller General of the United published in the Proposed Rules section PART 52—APPROVAL AND States prior to publication of the rule in of this Federal Register, rather than file PROMULGATION OF the Federal Register. A major rule an immediate petition for judicial IMPLEMENTATION PLANS cannot take effect until 60 days after it review of this direct final rule and is published in the Federal Register. address the comment in the proposed ■ 1. The authority citation for part 52 This action is not a ‘‘major rule’’ as rulemaking. This action may not be continues to read as follows: defined by 5 U.S.C. 804(2). challenged later in proceedings to enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq. Under section 307(b)(1) of the Clean 307(b)(2).) Air Act, petitions for judicial review of ■ 2. In § 52.770 the table in paragraph this action must be filed in the United List of Subjects in 40 CFR Part 52 (c) is amended by revising the entry for States Court of Appeals for the Environmental protection, Air 1–1–3 ‘‘References to the Code of appropriate circuit by August 25, 2017. pollution control, Carbon monoxide, Federal Regulations’’ under Article 1, Filing a petition for reconsideration by Incorporation by reference, Rule 1 ‘‘Provisions Applicable the Administrator of this final rule does Intergovernmental relations, Lead, Throughout Title 326’’ to read as not affect the finality of this action for Nitrogen dioxide, Ozone, Particulate follows: the purposes of judicial review nor does matter, Reporting and recordkeeping it extend the time within which a requirements, Sulfur oxides, Volatile § 52.770 Identification of plan. petition for judicial review may be filed, organic compounds. * * * * * and shall not postpone the effectiveness of such rule or action. Parties with Dated: June 1, 2017. (c) * * * objections to this direct final rule are Robert A. Kaplan, encouraged to file a comment in Acting Regional Administrator, Region 5. response to the parallel notice of 40 CFR part 52, is amended as proposed rulemaking for this action follows:

EPA-APPROVED INDIANA REGULATIONS

Indiana Indiana Subject effective EPA approval date Notes citation date

Article 1. General Provisions

Rule 1. Provisions Applicable Throughout Title 326

******* 1–1–3 .... References to the Code of Federal Regula- 12/7/2016 6/26/2017, [insert Federal Register citation] tions.

*******

* * * * * § 441.20 General definitions [Corrected] which requires the Secretary of the [FR Doc. 2017–13192 Filed 6–23–17; 8:45 am] On page 27177, in the second column, Interior to establish and publish in the BILLING CODE 6560–50–P in the 18th line of paragraph (iii), ‘‘June Federal Register minimum 14, 2017’’ should read ‘‘June 14, 2027’’. qualifications for individuals to prepare [FR Doc. C1–2017–12338 Filed 6–23–17; 8:45 am] appraisals and valuations of Indian trust ENVIRONMENTAL PROTECTION . BILLING CODE 1301–00–D property. This rule establishes the AGENCY minimum qualifications and implements provisions of ITARA that 40 CFR Part 441 require the Secretary to accept DEPARTMENT OF THE INTERIOR appraisals and valuations without [EPA–HQ–OW–2014–0693; FRL–9957–10– Office of the Secretary additional review or approval under OW] certain circumstances. 43 CFR Part 100 DATES: This rule is effective on July 26, RIN 2040–AF26 2017. [167A2100DD/AAKC001030/ A0A501010.999900] FOR FURTHER INFORMATION CONTACT: Ms. Effluent Limitations Guidelines and Elizabeth Appel, Office of Regulatory Standards for the Dental Category RIN 1093–AA20 Affairs and Collaborative Action— Indian Affairs at elizabeth.appel@ Correction Waiving Departmental Review of Appraisals and Valuations of Indian bia.gov or (202) 273–4680. In rule document 2017–12338, Property SUPPLEMENTARY INFORMATION: beginning on page 27154, in the issue of I. Background Wednesday, June 14, 2017, make the AGENCY: Office of the Secretary, Interior. II. Summary of Final Rule following correction: ACTION: Final rule. III. Responses to Comments IV. Procedural Requirements SUMMARY: In 2016, Congress passed the A. Regulatory Planning and Review (E.O. Indian Trust Asset Reform Act (ITARA), 12866)

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B. Regulatory Flexibility Act deficiency or inaccuracy in the appraisal or valuation final if three C. Small Business Regulatory Enforcement appraisal or valuation. conditions are met: (1) The appraisal or Fairness Act Subpart A, General Provisions, valuation was completed by a qualified D. Unfunded Mandates Reform Act defines terms used in the regulation, appraiser; (2) the Indian tribe or E. Takings (E.O. 12630) describes the purpose of the regulation, F. Federalism (E.O. 13132) individual Indian expressed their intent G. Civil Justice Reform (E.O. 12988) and provides the standard Paperwork to waive Departmental review and H. Consultation With Indian Tribes (E.O. Reduction Act compliance statement. approval; and (3) no owner of any 13175) The terms are defined to include, in the interest in the Indian property objects to I. Paperwork Reduction Act context of this regulation, any property the use of the appraisal or valuation J. National Environmental Policy Act that the U.S. Government holds in trust without Departmental review and K. Effects on the Energy Supply (E.O. or restricted status for an Indian tribe or approval. The first condition is clearly 13211) individual Indian, to include not just required by ITARA. The second L. Reducing Regulation and Controlling land, but also natural resources or other condition is implied by ITARA. The Regulatory Costs (E.O. 13771) assets. Other important terms include number of individual Indian owners of I. Background ‘‘appraisal,’’ ‘‘valuation,’’ and ‘‘qualified fractionated tracts that must express appraiser.’’ Consistent with the statutory their intent to waive Departmental On June 22, 2016, the Indian Trust direction, the purpose of the regulations Asset Reform Act, Public Law 114–178, review and approval, under the second is written broadly, to include appraisals condition, would depend upon the was signed into law. Title III of the Act or valuations of any Indian trust requires the Department of the Interior underlying title 43 or title 25 property, including: requirements. For example, if the (Interior) to establish minimum • Appraisals and valuations of real qualifications for individuals to prepare underlying transaction is a right-of-way, property; then the owners of a majority of the appraisals and valuations of Indian trust • Appraisals and valuations of property and allow an appraisal or interests in the tract must express their timber, minerals, or other property to intent to waive Departmental review valuation by a qualified person to be the extent they contribute to the value considered final without being reviewed and approval, consistent with the of the whole property (for use in general consent requirements in 25 CFR or approved by Interior. appraisals and valuations of real On September 22, 2016, Interior part 169. The third condition, that no property); and Indian property owner objects, is published a proposed rule (81 FR • Appraisals and valuations of necessary to address situations where 65319) to implement ITARA and timber, minerals, or other property one or more owners of the tract still requested public comments for 60 days. separate from appraisals and valuations want Departmental review and approval This final rule implements ITARA and of real property. responds to the comments received on Subpart B, Appraiser Qualifications, of the appraisal or valuation, consistent the proposed rule. This rule establishes establishes the minimum qualifications with our trust responsibility to all the minimum qualifications for an appraiser must meet to be considered owners of the Indian trust property. individuals to prepare appraisals and a ‘‘qualified appraiser’’ and establishes This subpart exempts certain valuations of Indian trust property and that the Secretary must verify that the transactions, thereby requiring allows an appraisal or valuation by a appraiser meets those minimum Departmental review of the appraisal or qualified appraiser to be considered qualifications. valuation. The exempted transactions final without being reviewed or This subpart requires that the include transactions under any approved by Interior. verification information be submitted legislation expressly requiring the The Act also requires appraisals and contemporaneously with the appraisal Department to review and approve an valuations of Indian trust property to be or valuation so that the Secretary can appraisal or valuation, such as the Land administered by a single administrative verify that the appraiser is a qualified Buy Back Program under the Claims entity within Interior. This rule is appraiser at that point in time. Resolution Act of 2010 (Pub. L. 111– finalized under the Office of the Subpart C, Appraisals and Valuations, 291), and purchase at probate under 43 Secretary within the Department of the notes that some transactions requiring CFR part 30, because the judge will not Interior to allow for flexibility if another Secretarial approval under titles 25 and be in a position to verify an appraiser’s entity or agency within Interior is 43 of the Code of Federal Regulations qualifications. The Department will also designated the single entity to (e.g., 25 CFR part 162, Leases and review any appraisal for an acquisition administer appraisals and valuations of Permits; 25 CFR part 169, Rights-of-Way by the United States. Indian trust property. on Indian Land) require the submission of appraisals and valuations to the III. Responses to Comments II. Summary of Final Rule Department. This subpart also sets out A. General Support for the Rule This rule establishes a new Code of the circumstances in which the Federal Regulations (CFR) part to Department will forego review and Several tribes stated their support of establish the minimum qualifications approval of the appraisal or valuation. the ITARA provision to eliminate the for appraisers, employed by or under The rule requires submission of the current requirement for Office of contract with an Indian tribe or appraisal or valuation to the Department Appraisal Services review to reduce individual Indian, to become qualified regardless of whether the Department delays. One tribe noted the importance appraisers who may prepare an will be reviewing and approving the of the Department accepting and appraisal or valuation of Indian appraisal or valuation. This requirement approving, without further review or property that will, in certain is included because the Department delay, any appraisal or valuation that circumstances, be accepted by the must use the results of the appraisal or complies with the appraiser’s Department without further review or valuation in completing the transaction qualification standards and is approval. The final rule clarifies that, requiring Secretarial approval. satisfactory to the Indian property because the Department is not reviewing The rule requires the Department to owner. Another tribe stated its support and approving the appraisal or forego review and approval of the for the minimum qualifications for valuation, it is not liable for any appraisal or valuation and consider the appraisal services.

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Response: This rule allows the Response: The final rule does not the tribe’s standards contemporaneously Department to carry out Congress’s incorporate the commenter’s with the appraisal. In other words, only specific direction in ITARA that the suggestions because an appraisal or the State license and standards allow Department should not review or valuation is, by definition, the opinion the Department to accept an appraisal approve appraisals submitted by as to a property’s value of a single without further review at this time. qualified appraisers. person qualified to give such an The DOI Self-Governance Advisory opinion, rather than, as suggested by the Committee and several tribes stated that B. Minimum Qualifications for commenter, the opinion of a multi- tribes should be permitted to adopt their Appraisers disciplinary team. The final rule’s own standards consistent with USPAP One tribe stated that the qualifications requirements for State licensure, good and Federal law to meet the unique for individuals to prepare appraisals standing, and compliance with the needs tribal Nations have in assuming and valuations of Indian property Uniform Standards of Professional appraisal responsibilities. should be the same that apply to Appraisal Practice (USPAP) address the Response: This rule provides that it professional appraisers in the private commenter’s other concerns. will accept an appraisal or valuation sector. The Appraisal Institute stated that without Departmental review only if the Response: The Department agrees requiring generally accepted standards appraiser is a ‘‘qualified appraiser,’’ with this comment and has strived to in the appraiser qualification criteria meaning, among other things, that the match the requirements for qualified would enhance credibility and appraiser has a Certified General appraisers to those requirements reliability of the appraisals being Appraiser license in the State in which currently in place for its own appraisers performed. the property is located, and complies and contracted appraisers. Response: Section 100.200 of the rule with USPAP provisions applicable to One tribe stated the procedures requires qualified appraisers to meet appraisers. Tribes are welcome to adopt should require: (1) Departmental USPAP rules and provisions applicable their own standards for appraisers; to appraisers, which are generally however, for the Department to accept approval of appraisers who satisfy accepted standards; therefore, no change the appraisal or valuation without minimum qualifications; (2) to the final rule is necessary in response further review, it would have to review Departmental review within a specified to this comment. the tribe’s standards contemporaneously period with a default of automatic with the appraiser qualifications that are approval; (3) minimum requirements for 1. State Licensing as a Qualification being submitted with the appraisal qualifications of review appraisers. Several tribes strongly objected to under this part. Response: This rule establishes relying on State licensing for appraisers A tribal member suggested that tribes minimum qualifications for appraisers and a determination of good standing by should have their own appraisal process conducting appraisals that do not need State regulatory agencies, and asserted so they don’t have to pay $2,500 for an Departmental review. The Department that the rule should instead rely on appraisal that reveals a property value will review the appraiser’s tribal licensing and require compliance of much less. qualifications to determine whether the with tribal laws and regulations. Response: This rule will allow for the appraiser meets the minimum Response: Under the Financial use of qualified appraisers at whatever qualifications when the appraisal is Institutions Reform, Recovery and cost they are available. To the extent the submitted. The tribe’s request for a Enforcement Act of 1989 (FIRREA), 12 commenter is addressing the Departmental review of the appraiser’s U.S.C. 3331 et seq., each U.S. State or regulation’s requirement to use qualifications within a specified period, territory has a real estate appraiser appraisers qualified to conduct with a default of automatic approval, is regulatory agency that is responsible for commercial appraisals even where the not necessary because the process of licensing and certifying real estate property may only require qualifications ensuring an appraiser meets the appraisers and supervising their to conduct a residential appraisal, it is minimal qualifications is intended to be appraisal-related activities, as required important to keep in mind that this rule less burdensome and faster than a by Federal law. The Appraisal does not require such appraiser review of the appraisal. Subcommittee of the Federal Financial qualifications in all instances. Rather, One commenter stated that the rule’s Institutions Examination Council has this rule requires those heightened minimum qualifications for appraisers oversight authority over the States and appraiser qualifications only if the should be more stringent and the rule The Appraisal Foundation to ensure the appraisal is being submitted for should require appraisals to be minimum qualifying criteria to license Departmental acceptance without performed by a multidisciplinary group and certify real estate appraisers are further Departmental review. of experts who: (1) Meet all the criteria implemented and that appraisers are in the rule; (2) have completed a held to a professional set of ethical 2. General Appraiser Certification as a mandatory valuation ethics training standards. The final rule does not Qualification course; and (3) have collaborated with require compliance with tribal appraiser One tribe stated that not all appraisers Native American groups to better certification in lieu of State certification have the General Appraiser certification understand the cultural value of the because, currently, State certification (e.g., residential appraisers), and that it lands in question. This commenter programs are the industry standard is an additional burden to require it stated that the appraisal must account under FIRREA. In fact, the Department because it is hard to find appraisers on for cultural values of those with sacred is unaware of a currently operating reservations and will be even harder to ties to the ecosystems and lands. The tribal appraiser certification program find appraisers with the General commenter reasoned that the process of and requires State certification of its Appraiser certification. This tribe stated assigning value to an area is subjective, own appraisers and contractor that, instead, the type of land being and using the knowledge and appraisers. Tribes are welcome to adopt appraised should drive the methodologies of a diverse group of their own standards for appraisers; qualifications for the appraiser. experts and stakeholders would prevent however, for the Department to accept Likewise, another tribe stated that the a single individual from the power to the appraisal or valuation without use of a ‘‘Certified General Appraiser’’ assign a monetary value to sacred land. further review, it would have to review in certain geographic areas, for example

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in the State of Oklahoma, would be nationally recognized appraisal 1. Differentiating Appraisals From futile and suggests instead requiring use organizations that confer competency- Valuations of a ‘‘licensed appraiser.’’ Alternatively, based designations. The commenter A tribal member asked whether an the tribe suggests adding that the suggested that a professional appraisal and a valuation are different, requirement for a Certified General designation is necessary to ensure and whether either evaluates tribal Appraiser be waived if the tribe has appraisers have experience with rights such as water rights or gathering made diligent efforts but has been appraisal review because the rights for medicine. unable to procure the services of a Department will not be reviewing the Response: The final rule defines Certified General Appraiser. appraiser’s appraisals. The Appraisal ‘‘appraisal’’ and ‘‘valuation’’ slightly Response: The General Appraiser Institute stated that eliminating differently; however, whether either license is required for a ‘‘qualified Departmental review of the appraisal evaluates tribal water rights or other appraiser’’ because these are appraisers dramatically increases risks and likened rights will be determined by the statute that can submit any appraisal without the practice to performing accounting and regulations authorizing the further Departmental review or functions without any audit processes. transaction rather than this regulation. approval. If an appraiser has a license Response: The final rule does not Another tribal member stated that specific to residential appraisals, the impose the additional requirement allotted land makes up most of the appraiser may conduct its residential requested by the commenter for workload for appraisals, but under appraisals under the license, but the professional designation from a ILCA, only an ‘‘estimate of value’’ rather Department must review the appraisal nationally recognized appraisal than an appraisal, is needed for a gift, to ensure that the appraisal is within the organization because the rule already sale, or exchange. He suggested instead scope of the appraiser’s license. requires qualified appraisers to have defining what an ‘‘estimate of value’’ is. 3. Qualification for Specialty Appraisals experience with appraisal review, as Response: This rule is establishing demonstrated by a State-issued A tribe stated that the appraiser minimum qualifications for appraisers appraisal license, good standing with who may complete appraisals that the should have expertise in valuation of the State appraiser regulatory agency, resources involved in the appraisal. Department will rely upon without and compliance with the Uniform further review. The rule’s definition of Likewise, the Indian Land Tenure Standards of Professional Appraisal Foundation noted that the appraiser ‘‘valuation’’ could include the ‘‘estimate Practice (USPAP) rules, including of value’’ mentioned by the commenter. performing specialty appraisals (timber competency provisions. See 43 CFR and minerals) must have demonstrated If that ‘‘estimate of value’’ is prepared 100.200. The additional requirement is by an appraiser who meets the the specialized skills. unnecessary and the Department does Response: Section 100.200(a)(3) minimum qualifications of this rule, not require this designation for its own then the Department would accept the requires compliance with USPAP contractors conducting appraisals. competency requirements applicable to estimate of value without further the type of property being appraised or 6. Database of Qualified Appraisers review. valued, including competency in timber A tribe suggested having appraisers 2. Appraisal Standards and mineral valuations if applicable to register online for searchability by those Several tribes recommended that any the subject property. who would like to hire them to do appraisal or valuation of Indian A tribal commenter stated that the appraisals and valuations. rule should require appraisers to have property be in accordance with Response: The Appraisal an understanding of general Federal authority in title 25 of the CFR, Subcommittee has an online, searchable Indian law and special obligations appraisal standards in the current database of appraisers, and most State under tribe-specific relationships. edition of USPAP, and use of appraisal appraisal boards have searchable Response: The rule does not impose industry-recognized valuation methods databases of appraisers licensed by that the requirement for appraisers to have and techniques. State. expertise in Federal Indian law or tribal Response: This rule does not establish relationships because this expertise is 7. Review of an Appraiser’s Minimum appraisal standards. The standards for not necessary to conduct an accurate Qualifications appraisals or valuations of Indian appraisal and, if required, would likely property are already set out in One tribe stated that periodic review narrow the universe of qualified memoranda of understanding that of qualifications should be required as appraisers to an untenable supply level. govern tribes with a self-governance standards and experience with compact or contract. 4. Other Certifications individual appraisers change over time. Several tribes suggested requiring A tribal member suggested requiring Response: The rule requires the adherence to the Uniform Appraisal appraisers to be certified under the appraiser to submit qualifications with Standards for Federal Land Acquisitions Certified Federal Surveyor Program each appraisal to allow for Department’s (UASFLA) if the transaction is to the from the Bureau of Land Management. review of the appraiser’s qualifications. United States. Response: The final rule, at Response: The final rule does not B. Appraisals incorporate this suggestion because the § 301(b)(2), clarifies that transactions Certified Federal Surveyor program A tribal member stated that there is a transferring Indian property to the applies to surveyors, rather than fundamental misunderstanding as to United States where the UASFLA appraisers. what an appraisal is: Specifically, that applies are exempt from this rule. an appraisal is not equivalent to value; The Appraisal Institute stated that the 5. Professional Designation of rather, it is an expert opinion to inform proposed regulations should include a Appraisers the owners (the beneficiary) and trustee requirement that the appraisal or The Appraisal Institute urged the as to what somebody’s opinion of fair valuation reflect market value (as Department to include in the minimum market value is. opposed to another value, such as ‘‘use qualifications for appraisers recognition Response: The Department agrees value’’) because market value is most of professional designations from with this comment. appropriate to determine ‘‘just

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compensation’’ for a public use and appraisal has the option to waive of the Interior shall determine to be otherwise because the standards have Departmental review or not. If the just,’’ because the rule would allow an long been held as fair, reasonable, and submitter chooses to seek a waiver of appraisal to be deemed final without the just by Federal and local governments as Departmental review, then a certificate Secretary assuring just compensation. the basis for Federal land acquisitions, of the appraiser’s qualifications must be See 25 U.S.C. 325. land leases, rights-of-way, and other included. Response: As discussed above, the statute and regulations governing the dispositions or uses. D. Applicability of the Rule Response: This rule does not establish particular transaction determine appraisal standards. The statute and The American Gas Association, whether an appraisal or valuation is regulations governing the particular Interstate Gas Association of American, required for that transaction. The transaction would dictate the standard and the Utilities Group stated that Secretary may use an appraisal or a for value to be used in the appraisal. To ITARA was limited to those transactions valuation as a tool for determining make the purpose of this new CFR part where statutes expressly require an whether there is ‘‘just compensation’’ more transparent, the final rule updates appraisal or valuation (such as the under the cited statute. For rights-of- the title of the CFR part from Indian Land Consolidation Act) and way, the regulations at 25 CFR part 169 ‘‘Appraisals and Valuations of Indian should not apply to all potential establish how the Secretary determines Property’’ to ‘‘Waiving Departmental transactions under titles 25 and 43 (e.g., whether there is ‘‘just compensation’’ Review of Appraisals and Valuations of rights-of-way and renewals). These and provides for use of an appraisal or Indian Property.’’ Likewise, the final commenters pointed out that Section valuation as a tool for that rule updates the subtitle C heading to 305 of ITARA [25 U.S.C. 5635(c)(2)] determination under certain ‘‘Appraisals and Valuations; applies only to those Indian land circumstances. This rule merely allows Departmental Review and Waivers.’’ transactions ‘‘for which an appraisal or for the use of an appraisal or valuation One commenter stated that there is no valuation is required,’’ while proposed without Departmental review of the rule that could guarantee a credible § 100.300 would require an appraisal or appraisal or valuation under ITARA (as appraisal because the client may dictate valuation for all transactions requiring opposed to Departmental review of conditions and instructions to an Secretarial analysis and approval under whether there is ‘‘just compensation’’). appraiser that affects the result, so the titles 25 and 43 of the CFR. The gas Several of these utility group appraisal review serves as a check and associations suggested addressing this commenters stated that, if the rule does ensures the client’s instructions by revising §§ 100.300 and 100.301 to apply to rights-of-way transactions, then adequately support approval for the state that appraisals and valuations the rule should require a fair market conveyance. must be submitted for transactions value as just compensation for rights-of- Response: The Department agrees ‘‘requiring appraisals as part of their way and renewals to public entities and with this comment. In ITARA, Congress authorization statute’’ and where ‘‘an utilities that benefit the public interest. allowed for reliance on an appraisal appraisal or valuation of the property is Commenters stated that allowing above- without Departmental review of the expressly required by the statute market valuations would allow tribes, appraisal. authorization the transaction.’’ These without monitoring by the Secretary, to One tribe stated requirements for commenters stated that the automatic attempt to take advantage of the public formal appraisals for transactions for approval does not serve either tribes’ or interest by exploiting the public entities’ negotiated sales involving informed applicants’ interest in transactions and utilities’ presence on Federal trust consent of owners should be clarified. under statutes other than those land. One commenter likewise stated its Response: This suggestion is outside specifically requiring an appraisal, for concern that the rule will permit tribes the scope of the authority Congress example, where Congress already to demand in excess of fair market value granted for rulemaking in ITARA. This addressed the standard and process for for renewals of rights-of-way for public rule does not specifically address valuation by requiring Secretarial entities and public utilities that benefit requirements for appraisals regarding approval of just compensation. the public interest. The commenter negotiated sales; this rule establishes the Response: ITARA does not discuss stated that it made investments in minimum qualifications for an appraiser when an appraisal or valuation is infrastructure in reliance on use of fair in those situations where the appraisal required and this rulemaking does not market value as the standard for the of Indian property will not be subject to affect whether a particular transaction rights-of-way and renewals under the Departmental review. requires an appraisal or valuation. The right-of-way statutory framework final rule does, however, refine requiring just compensation to be fair C. Process for Requesting Waiver of § 100.300 to clarify that appraisals and market value. Departmental Review of Appraisal valuations are not required for all Response: These comments are The Indian Land Tenure Foundation transactions requiring Secretarial beyond the scope of this rulemaking stated that a waiver of Departmental approval under titles 25 and 43 of the because this rulemaking addresses only review should come after the appraisal CFR. appraiser qualifications for appraisals to is complete and not in the submission Several utilities and utility be submitted and used without of the appraisal request. associations expressed concerns about Departmental approval. This rulemaking Response: The Department agrees; the effect of the rule on projects and does not address the standard for the § 100.203 requires submission of the rights-of-way that serve the public’s underlying transaction. The statute and request for waiver of Departmental energy needs. Some stated that the rule regulations governing the particular review to accompany the appraisal. should not apply to rights-of-way transaction determine whether fair The Foundation also stated that the transactions because those transactions market value or another standard is practice of requiring the appraiser to have their own statutory scheme. Some required. attach a certificate of qualifications to also stated that the rule conflicts with each appraisal is not a burden and existing statutes governing rights-of-way E. Other Comments should be required. across Indian land, and specifically the One tribe opposed the provision in Response: The Department agrees; the statutory requirement for ‘‘the payment the preamble and discussed at tribal person or entity submitting the of such compensation as the Secretary consultation sessions that would have

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stated that the Department is not liable renewal rates and the thousands of A tribal member suggested a central for approving transactions based on miles of rights-of-way across the nation. Web site for value of the land. appraisals submitted by a qualified One gas company commenter also noted Response: This suggestion is outside appraisal. The tribe’s opposition is to the escalating costs of rights-of-way the scope of the authority Congress the apparent diminishment of the through Indian lands and that the rule granted for rulemaking in ITARA and Federal trust responsibility. This tribe exacerbates the issue by failing to make may pose Privacy Act issues. suggested Federal tort claims coverage clear that fair market value is the IV. Procedural Requirements or some other protection is appropriate appropriate standard for appraising and to meet the trust responsibility, even valuing rights-of-way for public entities A. Regulatory Planning and Review where the tribe operates the program and utilities. (E.O. 12866) under self-governance. Another tribe Response: This rule is not a major rule Executive Order (E.O.) 12866 provides stated there should be a presumption of under 5 U.S.C. 804(2) or a significant that the Office of Information and Department liability for inaccurate regulatory action under E.O. 12866 Regulatory Affairs (OIRA) at the Office appraisals unless the Department because the rule addresses only whether of Management and Budget (OMB) will disapproved the appraisal. the Department will review the review all significant rules. OIRA has Response: The final rule, at section appraiser’s qualifications or will review determined that this rule is not 304, adds regulatory text to explicitly each individual appraisal. The contents significant. state the Department’s position that it or use of any particular appraisal or E.O. 13563 reaffirms the principles of cannot be liable for any deficiency or group of appraisals for a particular type E.O. 12866 while calling for inaccuracy in the appraisal or valuation of transaction is speculative and beyond improvements in the Nation’s regulatory in those cases in which the tribe or the scope of this regulation. individual Indian waives Departmental One commenter stated that if the system to promote predictability, to review and approval of the appraisal or proposed rule violates a treaty, then it reduce uncertainty, and to use the best, valuation. A disclaimer of liability was should not go into effect. most innovative, and least burdensome discussed in the preamble to the Response: The Department is unaware tools for achieving regulatory ends. The proposed rule to inform individuals and of the rule violating any treaty. E.O. directs agencies to consider entities who elect to forego A few commenters noted there has regulatory approaches that reduce Departmental review (as authorized by been, and will be, an increase in the burdens and maintain flexibility and ITARA and this rule) that they are demand for appraisals due to the Land freedom of choice for the public where assuming any risks associated with their Buy-Back Program and the purchase at these approaches are relevant, feasible, reliance upon the appraisal or valuation. probate provision. and consistent with regulatory It would be unreasonable to impose Response: While these commenters objectives. E.O. 13563 emphasizes liability on the Department for may be correct regarding the demand for further that regulations must be based appraisals the Department did not appraisals, this rule exempts appraisals on the best available science and that prepare and was specifically prohibited conducted under the Land Buy-Back the rulemaking process must allow for from reviewing at the direction of the Program and the purchase at probate public participation and an open individual or entity submitting it. The provisions of the American Indian exchange of ideas. We have developed trust responsibility does not require that Probate Reform Act of 2004. this rule in a manner consistent with the Government act contrary to law, i.e., One tribe stated that development and these requirements. to review an appraisal or valuation we use of mass appraisal systems and use B. Regulatory Flexibility Act are specifically prohibited from of qualified third-party appraisers reviewing. When an individual or entity should be encouraged because there is The Department of the Interior chooses to waive Departmental review a delay in Departmental review and certifies that this document will not of the submission, that individual approval of appraisals that has resulted have a significant economic effect on a should not expect to be able to obtain in lost opportunities and repetitive substantial number of small entities relief from the Department for any appraisals because their longevity is under the Regulatory Flexibility Act (5 negative consequences stemming from limited. U.S.C. 601 et seq.). It does not change their use of that appraisal or valuation. Response: The portion of the current funding requirements and any A tribal member suggested having an comment regarding mass appraisal economic effects on small entities (e.g., online training program for appraisers. systems is outside the scope of this the cost to obtain an appraiser license) Response: This comment is outside rulemaking. This rule allows the use of would be incurred as part of their the scope of this rulemaking, but the qualified third-party appraisers. normal cost of doing business. Department suggests checking with the A tribal attorney stated that the rule C. Small Business Regulatory State for any appraiser training should add a requirement to allow Enforcement Fairness Act programs. beneficiaries to view the work papers in A utilities group and gas associations appraisal reports. This rule is not a major rule under 5 stated their belief that the rule is a major Response: This suggestion is outside U.S.C. 804(2), the Small Business rule under 5 U.S.C. 804(2) and a the scope of the authority Congress Regulatory Enforcement Fairness Act. significant regulatory action under E.O. granted for rulemaking in ITARA. This rule: 12866. These commenters stated that a Further, the Department was unable to (a) Will not have an annual effect on cost-benefit analysis is required because identify legal authority to require the the economy of $100 million or more. the rule: (1) Will result in a major release of information under the control (b) Will not cause a major increase in increase in the costs of rights-of-way for of the appraiser-client relationship. costs or prices for consumers, state and local governments and public A tribal attorney stated that the rule individual industries, Federal, State, or utilities, which will adversely affect should include language that appraisals local government agencies, or industry and millions of consumers and will not expire. geographic regions. taxpayers nationwide; and (2) will have Response: This suggestion is outside (c) Will not have significant adverse an aggregate effect of over $100 million the scope of the authority Congress effects on competition, employment, on the economy because of staggering granted for rulemaking in ITARA. investment, productivity, innovation, or

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the ability of the U.S.-based enterprises ITARA and hosted listening sessions Number of Respondents: 155. to compete with foreign-based with Indian tribes and trust Number of Responses: 465 enterprises. beneficiaries at: Frequency of Response: 3 per year, on • average. D. Unfunded Mandates Reform Act August 17, 2016—Listening session at the Indian Land Workgroup Group Estimated Time per Response: One This rule does not impose an Symposium, Green Bay, Wisconsin hour. unfunded mandate on State, local, or • August 22, 2016—Tribal consultation Estimated Total Annual Hour Burden: tribal governments or the private sector in Albuquerque, New Mexico 465 hours. of more than $100 million per year. The • August 26, 2016—Tribal consultation Estimated Total Annual Non-Hour rule does not have a significant or in Minneapolis, Minnesota Cost Burden: $0. unique effect on State, local, or tribal • August 29, 2016—Tribal consultation A Federal agency may not conduct or governments or the private sector. A in Seattle, Washington sponsor, and you are not required to statement containing the information • August 31, 2016—Tribal consultation respond to, a collection of information required by the Unfunded Mandates in Billings, Montana unless the form or regulation requesting Reform Act (2 U.S.C. 1531 et seq.) is not • September 7, 2016—Tribal the information displays a currently required. consultation in Tulsa, Oklahoma valid OMB Control Number. • E. Takings (E.O. 12630) September 9, 2016—Tribal J. National Environmental Policy Act consultation in Sioux Falls, South This rule does not effect a taking of Dakota This rule does not constitute a major private property or otherwise have • September 12, 2016—Tribal Federal action significantly affecting the taking implications under E.O. 12630. A consultation in Palm Springs, quality of the human environment. A takings implication assessment is not California detailed statement under the National required. • September 19, 2016—Tribal Environmental Policy Act of 1969 F. Federalism (E.O. 13132) consultation by teleconference (NEPA) is not required because this is • September 29, 2016—Tribal an administrative and procedural Under the criteria in section 1 of E.O. consultation in Window Rock, regulation. (For further information see 13132, this rule does not have sufficient Arizona 43 CFR 46.210(i)). We have also federalism implications to warrant the • October 4, 2016—Tribal consultation determined that the rule does not preparation of a federalism summary in Rapid City, South Dakota involve any of the extraordinary impact statement. A federalism circumstances listed in 43 CFR 46.215 These dates and locations were summary impact statement is not that would require further analysis announced in the Federal Register. See required. under NEPA. 81 FR 47176 (July 20, 2016), as G. Civil Justice Reform (E.O. 12988) corrected by 81 FR 51210 (August 3, K. Effects on the Energy Supply (E.O. This rule complies with the 2016). The ‘‘Responses to Comments’’ 13211) requirements of E.O. 12988. section above summarizes comments This rule is not a significant energy Specifically, this rule: (a) Meets the received on the rule and how this final action under the definition in E.O. criteria of section 3(a) requiring that all rule addresses those comments. 13211. A Statement of Energy Effects is regulations be reviewed to eliminate I. Paperwork Reduction Act not required. errors and ambiguity and be written to minimize litigation; and This rule contains an information L. E.O. 13771: Reducing Regulation and (b) Meets the criteria of section 3(b)(2) collection that requires approval by Controlling Regulatory Costs requiring that all regulations be written OMB. The Department is seeking This action is not an E.O. 13771 in clear language and contain clear legal approval of a new information regulatory action because it imposes no standards. collection and a revision to an existing more than de minimis costs. regulation, as follows. H. Consultation With Indian Tribes OMB Control Number: 1076–0188. List of Subjects in 43 CFR Part 100 (E.O. 13175) Title: Appraisals & Valuations of Indians, Indians—claims, Indians— The Department of the Interior strives Indian Property, 43 CFR 100. lands, Mineral resources. to strengthen its government-to- Brief Description of Collection: The For the reasons given in the preamble, government relationship with Indian Department is proposing to establish the Department of the Interior amends tribes through a commitment to minimum qualifications for appraisers 43 CFR subtitle A, by adding part 100 consultation with Indian tribes and of Indian property that require the to read as follows: recognition of their right to self- submission of the appraiser’s governance and tribal sovereignty. We qualifications to the Department for Title 43—Public Lands; Interior have evaluated this rule under the verification. Submission of the appraisal Subtitle A—Office of the Secretary of Department’s consultation policy and or valuation itself is already authorized the Interior under the criteria in E.O. 13175 and by other OMB Control Numbers under have identified substantial direct effects the associated 43 CFR or 25 CFR part Department of the Interior on federally recognized Indian tribes (for example, the submission of that will result from this rulemaking. appraisals for leasing of Indian land is PART 100—WAIVING DEPARTMENTAL Tribes may be substantially and directly included in the lease information REVIEW OF APPRAISALS AND affected by this rulemaking because it collection authorized by OMB Control VALUATIONS OF INDIAN PROPERTY allows for the submission of appraisals Number 1076–0181). Subpart A—General Provisions for transactions involving Indian Type of Review: New collection. Sec. property without Departmental review Respondents: Individuals and Private 100.100 What terms should I know for this and approval. As such, the Department Sector. part? consulted with tribes on this rule as part Obligation to Respond: To Obtain or 100.101 What is the purpose of this part? of the consultation sessions addressing Retain a Benefit. 100.102 Does this part apply to me?

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100.103 How does the Paperwork restricted interest in a parcel of such qualified appraisers who may prepare Reduction Act affect this part? land in that State. an appraisal or valuation of Indian Subpart B—Appraiser Qualifications Indian property means trust property property that will be accepted by the or restricted property. 100.200 What are the minimum Department without further review or qualifications for qualified appraisers? Indian tribe means an Indian tribe approval when the Indian tribe or 100.201 Does a qualified appraiser have under section 102 of the Federally individual Indian waives Departmental authority to conduct appraisals or Recognized Indian Tribe List Act of review and approval. valuations of any type of Indian 1994 (25 U.S.C. 479a). property? Land Buy-Back Program for Tribal § 100.102 Does this part apply to me? 100.202 Will the Secretary verify the Nations means the program This part applies to anyone preparing appraiser’s qualifications? implementing the land consolidation or relying upon an appraisal or 100.203 What must the Tribe or individual provisions of the settlement agreement valuation of Indian property. Indian submit to the Secretary for in Cobell v. Salazar, No. 1:96CV01285– verification of the appraiser’s § 100.103 How does the Paperwork qualifications? JR (D.D.C.), as confirmed by Congress in Reduction Act affect this part? 100.204 When must the Tribe or individual the Claims Resolution Act of 2010 (Pub. The collections of information Indian submit a package for Secretarial L. 111–291). contained in this part have been verification of appraiser qualifications? Qualified appraiser means an approved by the Office of Management appraiser that is authorized to prepare Subpart C—Appraisals and Valuations; and Budget under 44 U.S.C. 3501 et seq. Departmental Review and Waivers an appraisal or valuation of Indian and assigned OMB Control Number property because he or she meets the 100.300 Must I submit an appraisal or 1076–0188. Response is required to minimum qualifications of this part. obtain a benefit. valuation to the Department? Qualifications statement means a 100.301 Will the Department review and approve my appraisal or valuation? written overview of an appraiser’s Subpart B—Appraiser Qualifications 100.302 May I request Departmental review education, professional history and job § 100.200 What are the minimum of an appraisal even if a qualified qualifications, providing an indication qualifications for qualified appraisers? appraiser completed the appraisal or of an appraiser’s competency to perform valuation? specific types of assignments. The (a) An appraiser must meet the 100.303 What happens if the Indian Tribe qualifications may include information following minimum qualifications to be or individual Indian does not agree with regarding education (degrees and a qualified appraiser under this part: the submitted appraisal or valuation? educational institutions or programs); (1) The appraiser must hold a current 100.304 Is the Department liable if it professional affiliations, designations, Certified General Appraiser license in approves a transaction for Indian the State in which the property property based on an appraisal or certifications, and licenses; work experience (including companies or appraised or valued is located; valuation prepared by a qualified (2) The appraiser must be in good appraiser? organizations, the dates of employment, job titles and duties, and any service as standing with the appraiser regulatory Authority: 5 U.S.C. 301; Pub. L. 114–178. an expert witness); awards and agency of the State in which the property appraised or valued is located; Subpart A—General Provisions publications; types of properties appraised; types of appraisal and and (3) The appraiser must comply with § 100.100 What terms I should know for valuation assignments; and clients. the Uniform Standards of Professional this part? Restricted property means lands, Appraisal Practice (USPAP) rules and Appraisal means a written statement natural resources, or other assets owned provisions applicable to appraisers independently and impartially prepared by Indian tribes or individual Indians (including but not limited to by a qualified appraiser setting forth an that can only be alienated or Competency requirements applicable to opinion of defined value of an encumbered with the approval of the the type of property being appraised or adequately described property as of a United States because of limitations valued and Ethics requirements). This specific date, supported by the contained in the conveyance includes competency in timber and presentation and analysis of relevant instrument, or limitations in Federal mineral valuations if applicable to the market information. law. subject property. Appraiser means one who is expected Secretary means the Secretary of the to perform an appraisal or valuation Interior or an authorized representative. § 100.201 Does a qualified appraiser have competently and in a manner that is Trust property means lands, natural the authority to conduct appraisals or independent, impartial, and objective. resources, or other assets held by the valuations of any type of Indian property? Indian means: United States in trust for Indian tribes All qualified appraisers of Indian (1) Any person who is a member of or individual Indians. property must meet the Competency any Indian tribe, is eligible to become a Us/we/our means the bureau, agency, requirements of USPAP for the type of member of any Indian tribe, or is an or entity within the Department of the property being appraised or valued. owner as of October 27, 2004, of a trust Interior that administers appraisals and Competency can be demonstrated by or restricted interest in land; valuations of Indian property. previous completed assignments on the (2) Any person meeting the definition Valuation means all other valuation type of properties being appraised, of Indian under the Indian methods or a market analysis, such as a additional education or training in Reorganization Act (25 U.S.C. 479) and general description of market trends, specific property types, or membership the regulations promulgated thereunder; values, or benchmarks, prepared by a and/or professional designation by a or qualified appraiser. related professional appraisal (3) With respect to the inheritance association or group. and ownership of trust or restricted land § 100.101 What is the purpose of this part? in the State of California under 25 This part describes the minimum § 100.202 Will the Secretary verify the U.S.C. 2206, any person described in qualifications for appraisers, employed appraiser’s qualifications? paragraph (1) or (2) of this definition or by or under contract with an Indian The Secretary will verify the any person who owns a trust or tribe or individual Indian, to become appraiser’s qualifications to determine

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whether the appraiser meets the (i) Purchase at probate under 43 CFR Atmospheric Administration (NOAA), requirements of § 100.200. part 30; Commerce. (ii) The Land Buy-Back Program for ACTION: § 100.203 What must the tribe or individual Modification of fishing seasons; Tribal Nations; request for comments. Indian submit to the Secretary for a (iii) An acquisition by the United verification of the appraiser’s SUMMARY: NMFS announces four qualifications? States to which the Uniform Appraisal Standards for Federal Land Acquisitions inseason actions in the ocean salmon The tribe or individual Indian must applies; or fisheries. These inseason actions submit the following with the appraisal (iv) Specific legislation requiring the modified the commercial salmon or valuation: fisheries in the area from Cape Falcon, (a) A copy of the appraiser’s current Department to review and approve an OR, to Point Arena, CA. Certified General Appraiser license; appraisal or valuation. DATES: The effective dates for the (b) A copy of the appraiser’s § 100.302 May I request Departmental qualifications statement; review of an appraisal even if a qualified inseason actions are set out in this (c) The appraiser’s self-certification appraiser completed the appraisal or document under the heading Inseason that the appraiser meets the criteria in valuation? Actions. Comments will be accepted § 100.200; and If you do not specifically request through July 11, 2017. (d) If the property contains natural waiver of Departmental review and ADDRESSES: You may submit comments, resource elements that contribute to the approval under § 100.300(a)(1), the identified by NOAA–NMFS–2016–0007, value of the property, such as timber or Department will review the appraisal or by any one of the following methods: • minerals, a list of the appraiser’s valuation. Electronic Submissions: Submit all additional qualifications for the specific electronic public comments via the type of property being valued in the § 100.303 What happens if the Indian tribe Federal eRulemaking Portal. Go to appraisal report. or individual Indian does not agree with the www.regulations.gov/ appraisal or valuation prepared by their #!docketDetail;D=NOAA-NMFS-2016- § 100.204 When must the tribe or qualified appraiser? 0007, click the ‘‘Comment Now!’’ icon, individual Indian submit a package for If the Indian tribe or individual Indian complete the required fields, and enter Secretarial verification of appraiser does not agree with the appraisal or qualifications? or attach your comments. valuation prepared by their qualified • Mail: Barry A. Thom, Regional The tribe or individual Indian must appraiser, the Indian tribe or individual Administrator, West Coast Region, submit the package of appraiser Indian should not submit the appraisal NMFS, 7600 Sand Point Way NE., qualifications to the Secretary with the or valuation under this part. Seattle, WA 98115–6349. appraisal or valuation. § 100.304 Is the Department liable if it Instructions: Comments sent by any Subpart C—Appraisals and Valuations; approves a transaction for Indian property other method, to any other address or Departmental Review and Waivers based on an appraisal or valuation prepared individual, or received after the end of by a qualified appraiser? the comment period, may not be § 100.300 Must I submit an appraisal or The Department is not liable for any considered by NMFS. All comments valuation to the Department? deficient or inaccurate appraisal or received are a part of the public record Appraisals and valuations of Indian valuation provided by the tribe or and will generally be posted for public property must be submitted to us if individual Indian that it did not review viewing on www.regulations.gov relied upon or required for transactions or approve, even if the Department without change. All personal identifying requiring Secretarial approval under approved a transaction for Indian information (e.g., name, address, etc.), titles 25 and 43 of the CFR (other than property (including but not limited to a confidential business information, or those under the Federal Land Policy and lease, grant, sale, or purchase) based on otherwise sensitive information Management Act). the appraisal or valuation. submitted voluntarily by the sender will be publicly accessible. NMFS will § 100.301 Will the Department review and Dated: June 20, 2017. accept anonymous comments (enter ‘‘N/ approve my appraisal or valuation? James E. Cason, A’’ in the required fields if you wish to (a) The Department will not review Associate Deputy Secretary. remain anonymous). the appraisal or valuation of Indian [FR Doc. 2017–13191 Filed 6–23–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: property and the appraisal or valuation BILLING CODE 4337–15–P will be considered final as long as: Peggy Mundy at 206–526–4323. (1) The submission acknowledges the SUPPLEMENTARY INFORMATION: intent of the Indian tribe or individual Background Indian to waive Departmental review DEPARTMENT OF COMMERCE and approval; In the 2016 annual management National Oceanic and Atmospheric measures for ocean salmon fisheries (81 (2) The appraisal or valuation was Administration completed by a qualified appraiser FR 26157, May 2, 2016), NMFS announced the commercial and meeting the requirements of this part; 50 CFR Part 660 and recreational fisheries in the area from (3) No owner of any interest in the [Docket No. 151117999–6370–01] the U.S./Canada border to the U.S./ Mexico border, beginning May 1, 2016, Indian property objects to use of the RIN 0648–XF355 appraisal or valuation without and 2017 salmon fisheries opening Departmental review and approval. Fisheries Off West Coast States; earlier than May 1, 2017. NMFS is (b) The Department must review and Modifications of the West Coast authorized to implement inseason approve the appraisal or valuation if: Commercial Salmon Fisheries; management actions to modify fishing (1) Any of the criteria in paragraph (a) Inseason Actions #1 Through #4 seasons and quotas as necessary to of this section are not met; or provide fishing opportunity while (2) The appraisal or valuation was AGENCY: National Marine Fisheries meeting management objectives for the submitted for: Service (NMFS), National Oceanic and affected species (50 CFR 660.409).

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Inseason actions in the salmon fishery Inseason Action #2 action #1, above, this fishery, which was may be taken directly by NMFS (50 CFR Description of action: Inseason action previously scheduled to open March 15, 660.409(a)—Fixed inseason #2 modified the commercial salmon 2017, was closed through April 14, management provisions) or upon fishery from Humbug Mountain, OR, to 2017. Under inseason action #4, the consultation with the Pacific Fishery the Oregon/California Border (Oregon management area was divided at Florence South Jetty, OR, into two Management Council (Council) and the KMZ), previously scheduled to open management areas; the fishery from appropriate State Directors (50 CFR March 15, 2017, to remain closed Florence South Jetty, OR, to Humbug 660.409(b)—Flexible inseason through April 30, 2017. Mountain, OR, which remained closed management provisions). The state Effective dates: Inseason action #2 through April 30, 2017; and the fishery management agencies that participated took effect on March 15, 2017, and from Cape Falcon, OR, to Florence in the consultations described in this remained in effect through April 30, South Jetty, OR, which opened April 15 document were: California Department 2017. through April 30, 2017, with the same of Fish and Wildlife (CDFW) and Reason and authorization for the landing requirements and gear Oregon Department of Fish and Wildlife action: The purpose of this action was restrictions as announced in the 2016 (ODFW). to conserve fishery impacts on the Management of the salmon fisheries is management measures (81 FR 26157, KRFC. The STT presented stock May 2, 2016). generally divided into two geographic abundance forecasts for 2017. On the areas: North of Cape Falcon (U.S./ Effective dates: Inseason action #4 basis of these forecasts, the RA superseded inseason action #1 on April Canada border to Cape Falcon, OR) and determined that fisheries south of Cape south of Cape Falcon (Cape Falcon, OR, 15, 2017, and remained in effect through Falcon, OR, will be constrained in 2017 April 30, 2017. to the U.S./Mexico border). The to comply with the harvest control rule inseason actions reported in this Reason and authorization for the for KRFC, specified in the FMP. action: The purpose of this action was document affected fisheries south of Inseason actions to modify quotas and/ Cape Falcon. Within the south of Cape to manage fishery impacts on KRFC or fishing seasons are authorized by 50 while allowing access to more abundant Falcon area, the Klamath Management CFR 660.409(b)(1)(i). Zone (KMZ) extends from Humbug stocks. On the basis of salmon Consultation date and participants: abundance forecasts, the RA determined Mountain, OR, to Humboldt South Jetty, Consultation on inseason action #2 CA, and is divided at the Oregon/ that fisheries south of Cape Falcon, OR, occurred on March 12, 2017. will be constrained in 2017 to comply California border into the Oregon KMZ Participants in this consultation were to the north and California KMZ to the with the harvest control rule for KRFC, staff from NMFS, CDFW, ODFW, and specified in the FMP. Inseason actions south. All times mentioned refer to Council staff. Pacific daylight time. to modify quotas and/or fishing seasons Inseason Action #3 are authorized by 50 CFR Inseason Actions 660.409(b)(1)(i); inseason actions to Description of action: Inseason action Inseason Action #1 modify boundaries, including landing #3 cancelled the commercial salmon boundaries, and establish closed areas Description of action: Inseason action fishery from Horse Mountain, CA, to are authorized by 50 CFR #1 modified the commercial salmon Point Arena, CA (Fort Bragg 660.409(b)(1)(v). fishery from Cape Falcon, OR, to management area), previously Consultation date and participants: Humbug Mountain, OR, previously scheduled to open April 16–30, 2017. Consultation on inseason action #4 scheduled to open March 15, 2017, to Effective dates: Inseason action #3 occurred on April 10, 2017. Participants remain closed through April 14, 2017. took effect on April 16, 2017, and in this consultation were staff from Effective dates: Inseason action #1 remained in effect through April 30, NMFS, CDFW, ODFW, and Council took effect on March 15, 2017, and 2017. staff. remained in effect until superseded by Reason and authorization for the All other restrictions and regulations inseason action #4 on April 15, 2017. action: The purpose of this action was remained in effect as announced for the Reason and authorization for the to conserve fishery impacts on the 2016 ocean salmon fisheries and 2017 action: The purpose of this action was KRFC. The STT presented stock salmon fisheries opening prior to May 1, to conserve fishery impacts on the abundance forecasts for 2017. On the 2017 (81 FR 26157, May 2, 2016) and as Klamath River fall Chinook stock basis of these forecasts, the RA modified by prior inseason actions. (KRFC). The Council’s Salmon determined that fisheries south of Cape The RA determined that the best Technical Team (STT) presented stock Falcon, OR, will be constrained in 2017 available information indicated that abundance forecasts for 2017. On the to comply with the harvest control rule Chinook salmon abundance forecasts basis of these forecasts, the Regional for KRFC, specified in the FMP. and expected fishery effort supported Administrator (RA) determined that Inseason actions to modify quotas and/ the above inseason actions fisheries south of Cape Falcon, OR, will or fishing seasons are authorized by 50 recommended by the states of Oregon be constrained in 2017 to comply with CFR 660.409(b)(1)(i). and California. The states manage the the harvest control rule for KRFC, Consultation date and participants: fisheries in state waters adjacent to the specified in the Pacific Coast Salmon Consultation on inseason action #3 areas of the U.S. exclusive economic Fishery Management Plan (FMP). occurred on March 12, 2017. zone in accordance with these Federal Inseason actions to modify quotas and/ Participants in this consultation were actions. As provided by the inseason or fishing seasons are authorized by 50 staff from NMFS, CDFW, ODFW, and notice procedures of 50 CFR 660.411, CFR 660.409(b)(1)(i). Council staff. actual notice of the described regulatory Consultation date and participants: actions was given, prior to the time the Consultation on inseason action #1 Inseason Action #4 action was effective, by telephone occurred on March 12, 2017. Description of action: Inseason action hotline numbers 206–526–6667 and Participants in this consultation were #4 modified the commercial salmon 800–662–9825, and by U.S. Coast Guard staff from NMFS, CDFW, ODFW, and fishery from Cape Falcon, OR, to Notice to Mariners broadcasts on Council staff. Humbug Mountain, OR. Under inseason Channel 16 VHF–FM and 2182 kHz.

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Classification Prior notice and opportunity for public 553(d)(3), as a delay in effectiveness of comment was impracticable because these actions would allow fishing at The Assistant Administrator for NMFS and the state agencies had levels inconsistent with the goals of the Fisheries, NOAA (AA), finds that good insufficient time to provide for prior FMP and the current management cause exists for this notification to be notice and the opportunity for public measures. issued without affording prior notice comment between the time Chinook These actions are authorized by 50 and opportunity for public comment salmon catch and effort projections were under 5 U.S.C. 553(b)(B) because such developed and fisheries impacts were CFR 660.409 and 660.411 and are notification would be impracticable. As calculated, and the time the fishery exempt from review under Executive previously noted, actual notice of the modifications had to be implemented in Order 12866. regulatory actions was provided to order to ensure that fisheries are Authority: 16 U.S.C. 1801 et seq. fishers through telephone hotline and managed based on the best available Dated: June 21, 2017. radio notification. These actions comply scientific information, ensuring that with the requirements of the annual conservation objectives and Endangered Emily H. Menashes, management measures for ocean salmon Species Act consultation standards are Acting Director, Office of Sustainable fisheries (81 FR 26157, May 25, 2016), not exceeded. The AA also finds good Fisheries, National Marine Fisheries Service. the FMP, and regulations implementing cause to waive the 30-day delay in [FR Doc. 2017–13307 Filed 6–23–17; 8:45 am] the FMP, 50 CFR 660.409 and 660.411. effectiveness required under 5 U.S.C. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 82, No. 121

Monday, June 26, 2017

This section of the FEDERAL REGISTER • Federal eRegulations Portal: Go to recommended change, and include contains notices to the public of the proposed http://www.regulations.gov and follow supporting data. To ensure the docket issuance of rules and regulations. The the online instructions for sending your does not contain duplicate comments, purpose of these notices is to give interested comments electronically. commenters should send only one copy persons an opportunity to participate in the • Mail: Send comments to Docket of written comments, or if comments are rule making prior to the adoption of the final rules. Operations, M–30, U.S. Department of filed electronically, commenters should Transportation (DOT), 1200 New Jersey submit only one time. Avenue SE., Room W12–140, West We will file in the docket all DEPARTMENT OF TRANSPORTATION Building Ground Floor, Washington, DC comments we receive, as well as a 20590–0001. report summarizing each substantive Federal Aviation Administration • Hand Delivery of Courier: Take public contact with FAA personnel comments to Docket Operations in concerning this proposed rulemaking. 14 CFR Part 33 Room W12–140 of the West Building Before acting on this special condition, Ground Floor at 1200 New Jersey we will consider all comments we [Docket No. FAA–2017–0586; Notice No. 33– Avenue SE., Washington, DC, between 8 receive on or before the closing date for 17–01–SC] a.m., and 5 p.m., Monday through comments. We will consider comments Friday, except Federal holidays. filed after the comment period has Special Conditions: Safran Aircraft • Fax: Fax comments to Docket closed if it is possible to do so without Engines, Silvercrest-2 SC–2D; Rated Operations at 202–493–2251. incurring expense or delay. We may Takeoff Thrust at High Ambient Privacy: In accordance with 5 U.S.C. change these special conditions based Temperature 553(c), DOT solicits comments from the on the comments we receive. public to better inform its rulemaking Background AGENCY: Federal Aviation process. DOT posts these comments Administration (FAA), DOT. without edit, including any personal On April 19, 2011, SNECMA, now ACTION: Notice of proposed special information the commenter provides, to known as SAE, applied for a type conditions. http://www.regulations.gov, as certificate for the Silvercrest-2 SC–2D described in the system of records engine model. On April 30, 2014, SAE SUMMARY: This action proposes special notice (DOT/ALL–14 FDMS), which can requested an extension to their original conditions for the Safran Aircraft be reviewed at http:// type certificate application, which the Engines (SAE), Silvercrest-2 SC–2D www.transportation.gov/privacy. FAA granted through June 30, 2015. On engine model. This engine will have a Docket: Background documents or May 26, 2015, SAE requested another novel or unusual design feature comments received may be read at extension to their type certificate associated with an additional takeoff http://www.regulations.gov at any time. application, which the FAA granted rating that increases the exhaust gas Follow the online instructions for through September 30, 2018. temperature (EGT) limit to maintain accessing the docket or go to the Docket SAE proposed an additional takeoff rating to maintain takeoff thrust in takeoff thrust in certain high ambient Operations Room in W12–140 of the certain high ambient temperature temperature conditions for a maximum West Building Ground Floor at 1200 conditions with all engines operating accumulated usage of 20 minutes in any New Jersey Avenue SE., Washington, (AEO) for the Silvercrest-2 SC–2D one flight. The applicable airworthiness DC, between 9 a.m., and 5 p.m., Monday engine model. Therefore, the regulations do not contain adequate or through Friday, except Federal holidays. appropriate safety standards for this Silvercrest-2 SC–2D engine model FOR FURTHER INFORMATION CONTACT: Tara would have two different takeoff ratings. design feature. These proposed special Fitzgerald, ANE–112, Engine and conditions contain the additional safety The first rating corresponds with the Propeller Directorate, Aircraft rated takeoff thrust of the engine. The standards that the Administrator Certification Service, 1200 District considers necessary to establish a level second takeoff rating maintains the Avenue, Burlington, Massachusetts, takeoff thrust in certain high ambient of safety equivalent to that established 01803–5213; telephone (781) 238–7130; by the existing airworthiness standards. temperature conditions. This additional facsimile (781) 238–7199; email takeoff rating is named ‘‘Rated Takeoff DATES: Send your comments on or [email protected]. Thrust at High Ambient Temperature’’ before July 6, 2017. SUPPLEMENTARY INFORMATION: (Rated TOTHAT). The Rated TOTHAT Certification of the Silvercrest-2 SC– Comments Invited is an approved engine thrust developed 2D engine model is currently scheduled under specified altitudes and for August 2018. The substance of these We invite interested persons to temperatures within the operating special conditions has been subject to participate in this rulemaking by limitations established for the engine the notice and public comment submitting written comments, data, or during takeoff operation for a maximum procedure. Therefore, because a delay views. The agency also invites usage of 20 minutes in any one flight. would significantly affect the comments relating to the economic, applicant’s certification of the engine, environmental, energy, or federalism Type Certification Basis we are shortening the public comment impacts that might result from adopting Under the provisions of Title 14, Code period from 45 days to 10 days. the proposals in this document. The of Federal Regulations (14 CFR) 21.17, ADDRESSES: Send comments identified most helpful comments reference a SAE must show that the Silvercrest-2 by docket number [FAA–2017–0586] specific portion of the proposed special SC–2D meets the applicable provisions using any of the following methods: conditions, explain the reason for any of 14 CFR part 33, as amended by

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Amendments 33–1 through 33–34 in system limits the engine to the takeoff the type certification basis for SAE, effect on the date of application. thrust rating. It is intended to represent Silvercrest-2 SC–2D engine model. If the FAA finds that the applicable the airplane flight profile during takeoff 1. Part 1 Definition airworthiness regulations do not contain under specified ambient temperatures adequate or appropriate safety standards for a time until the mandatory ‘‘Rated Take-off Thrust at High for the Silvercrest-2 SC–2D engine inspection and maintenance actions can Ambient Temperature’’ (Rated model, because of a novel or unusual be performed. TOTHAT) means the approved engine design feature, special conditions are These proposed special conditions thrust developed under specified prescribed under the provisions of require additional test cycles that altitudes and temperatures within the § 21.16. include at least a 150 hours of engine operating limitations established for the Special conditions are initially operation as specified in § 33.87(a), to engine during takeoff operation. Use is applicable to the model for which they demonstrate the engine is capable of limited to two periods, no longer than are issued. Should the type certificate performing the Rated TOTHAT rating 10 minutes each under one engine for that model be amended later to during AEO conditions without inoperative (OEI) conditions or 5 include any other model that disassembly or modification. minutes each under AEO conditions in incorporates the same or similar novel The associated engine deterioration, any one flight for a maximum or unusual design feature, the special after use of the Rated TOTHAT, is not accumulated usage of 20 minutes in any conditions would also apply to the other known without the intervening one flight. Each flight where the Rated model under § 21.101. mandatory inspections in these special TOTHAT is used must be followed by In addition to complying with the conditions. These mandatory mandatory inspection and maintenance applicable product airworthiness inspections ensure the engine will actions. regulations and the requirements of the continue to comply with its certification special conditions, the Silvercrest-2 SC– basis, which includes these proposed 2. Part 33 Requirements 2D engine model must comply with the special conditions, after any use of the In addition to the airworthiness fuel venting and exhaust emission Rated TOTHAT. The applicant is standards in 14 CFR part 33, effective requirements of 14 CFR part 34. expected to assess the deterioration February 1, 1965, amendments 33–1 The FAA issues special conditions, as from use of the Rated TOTHAT. The through 33–34 applicable to the engine defined in 14 CFR 11.19, in accordance airworthiness limitations section (ALS) and the Rated TOTHAT, the following with § 11.38, and they become part of must prescribe the mandatory post- special conditions apply: the type certification basis under flight inspections and maintenance (a) Section 33.4, Instructions for § 21.17(a)(2). actions associated with any use of the Continued Airworthiness. Novel or Unusual Design Features Rated TOTHAT. (1) The ALS must prescribe the These requirements maintain a level mandatory post-flight inspections and The Silvercrest-2 SC–2D engine of safety equivalent to the level maintenance actions associated with model will incorporate a novel or intended by the applicable any use of the Rated TOTHAT. unusual design feature, referred to as airworthiness standards in effect on the (2) The applicant must validate the ‘‘Rated TOTHAT’’. This additional date of application. adequacy of the inspections and takeoff rating increases the EGT limit to maintenance actions required under maintain takeoff thrust in certain high Applicability paragraph 2(a)(1) of these special ambient temperature conditions for a As discussed above, these proposed conditions. maximum of 20 minutes in any one special conditions are applicable to the (3) The applicant must establish an flight. Silvercrest-2 SC–2D engine model. in-service engine evaluation program to Should SAE apply at a later date for a Discussion ensure the continued adequacy of the change to the type certificate to include instructions for mandatory post-flight The Rated TOTHAT is designed for another model incorporating the same inspections and maintenance actions use during takeoff in specified high novel or unusual design feature, the prescribed under paragraph 2(a)(1) of altitudes and high ambient temperature special conditions would apply to that these special conditions, and of the data conditions to maintain thrust during model as well. takeoff for a maximum of 20 minutes in for thrust assurance procedures required any one flight. These proposed special Conclusion by paragraph 2(b)(2) of these special conditions contain additional This action affects only the Rated conditions. The program must include mandatory post-flight inspection and TOTHAT features on the Silvercrest-2 service engine tests or equivalent maintenance action requirements SC–2D engine model. It is not a rule of service engine test experience on associated with any use of the Rated general applicability and applies only to engines of similar design and TOTHAT. These requirements add a SAE, who requested FAA approval of evaluations of service usage of the Rated rating definition in part 1.1 and this engine feature. TOTHAT. mandate mandatory inspections in the (b) Section 33.5, Instruction manual List of Subjects in 14 CFR Part 33 instructions for continued airworthiness for installing and operating the engine. (ICA); instructions for installing and Aircraft, Engines, Aviation safety, (1) Installation Instructions: operating the engine; engine rating and Reporting and recordkeeping (i) The applicant must identify the operating limitations; instrument requirements. means, or provisions for means, connection; and endurance testing. The authority citation for these provided in compliance with the The current requirements of the special conditions is as follows: requirements of paragraph 2(e) of these endurance test under § 33.87 represent a Authority: 49 U.S.C. 106(g), 40113, 44701, special conditions. typical airplane flight profile and the 44702, and 44704. (ii) The applicant must specify that severity of the takeoff rating. Therefore, the engine thrust control system the endurance test under § 33.87 covers The Proposed Special Conditions automatically resets the thrust on the normal, all-engines-operating takeoff Accordingly, the FAA proposes, the operating engine to the Rated TOTHAT conditions for which the engine control following special conditions as part of level when one engine fails during

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takeoff at specified altitudes and during takeoff at specified altitudes and (iii) One minute at 50 percent of rated temperatures. temperatures, and the Rated TOTHAT is takeoff thrust. (iii) The applicant must specify that available by manual selection when all (iv) Ten minutes at Rated TOTHAT. the Rated TOTHAT is available by engines are operational during takeoff at (v) Ten minutes at rated maximum manual crew selection at specified specified altitudes and temperatures. continuous thrust. altitudes and temperatures in AEO (d) Section 33.28, Engine Control (vi) One minute at flight idle. conditions. Systems. (3) The test sequence of §§ 33.87(b)(1) (2) Operating Instructions: The The engine must incorporate a means, through (b)(6) of these special applicant must provide data on engine or a provision for a means, for automatic conditions must be run continuously. If performance characteristics and availability and automatic control of the a stop occurs during these tests, the variability to enable the airplane Rated TOTHAT under OEI conditions interrupted sequence must be repeated manufacturer to establish airplane and must permit manual activation of unless the applicant shows that the thrust assurance procedures. the Rated TOTHAT under AEO severity of the test would not be (c) Section 33.7, Engine ratings and conditions. reduced if the current tests were operating limitations. (e) Section 33.29, Instrument continued. (1) Rated TOTHAT and the associated connection. (4) Where the engine characteristics operating limitations are established as The engine must: are such that acceleration to the Rated follows: (1) Have means, or provisions for TOTHAT results in a transient over (i) The thrust is the same as the means, to alert the pilot when the Rated temperature in excess of the steady-state engine takeoff rated thrust with TOTHAT is in use, when the event temperature limit identified in extended flat rating corner point. begins and when the time interval paragraph 2(c)(1)(iii) of these special (ii) The rotational speed limits are the expires. conditions, the transient gas same as those associated with the (2) Have means, or provision for overtemperature must be applied to engine takeoff rated thrust. means, which cannot be reset in flight, each acceleration to the Rated TOTHAT (iii) The applicant must establish a to: of the test sequence in paragraph 2(g)(2) gas temperature steady-state limit and, if (i) Automatically record each use and of these special conditions. necessary, a transient gas over duration of the Rated TOTHAT, and (h) Section 33.93, Teardown temperature limit for which the (ii) Alert maintenance personnel that inspection. duration is no longer than 30 seconds. the engine has been operated at the The applicant must perform the (iv) The use is limited to two periods Rated TOTHAT and permit retrieval of teardown inspection required by of no longer than 10 minutes each under recorded data. § 33.93(a), after completing the OEI conditions or 5 minutes each under (3) Have means, or provision for endurance test prescribed by § 33.87 of AEO conditions in any one flight, for a means, to enable routine verification of these special conditions. maximum accumulated usage of 20 the proper operation of the means in (i) Section 33.201, Design and test minutes in any one flight. Each flight paragraph 2(e)(1) and (e)(2) of these requirements for Early ETOPS where the Rated TOTHAT is used must special conditions. eligibility. (f) Section 33.85(b), Calibration tests. In addition to the requirements of be followed by mandatory inspections The applicant must base the and maintenance actions prescribed by § 33.201(c)(1), the simulated ETOPS calibration test on the thrust check at mission cyclic endurance test must paragraph 2(a)(1) of these special the end of the endurance test required conditions. include two cycles of 10 minute by § 33.87 of these special conditions. duration, each at the Rated TOTHAT; (2) The applicant must propose (g) Section 33.87, Endurance test. language to include in the type one before the last diversion cycle and (1) In addition to the applicable one at the end of the ETOPS test. certificate data sheet specified in § 21.41 requirements of § 33.87(a): for the following: (i) The § 33.87 endurance test must be Issued in Burlington, Massachusetts, on (i) Rated TOTHAT and associated modified as follows: June 14, 2017. limitations. (A) Modify the thirty minute test Carlos A. Pestana, (ii) As required by § 33.5(b), Operating cycle at the rated takeoff thrust in Acting Assistant Manager, Engine and instructions, include a note stating that § 33.87(b)(2)(ii) to run one minute at Propeller Directorate, Aircraft Certification ‘‘Rated Takeoff Thrust at High Ambient rated takeoff thrust, followed by five Service. Temperature (Rated TOTHAT) means minutes at the Rated TOTHAT, followed [FR Doc. 2017–13305 Filed 6–23–17; 8:45 am] the approved engine thrust developed by the rated takeoff thrust for the BILLING CODE 4910–13–P under specified altitudes and remaining twenty-four minutes. temperatures within the operating (B) The modified thirty minute period limitations established for the engine. described above in paragraph DEPARTMENT OF TRANSPORTATION Use is limited to two periods, no longer 2(g)(1)(i)(A) must be repeated ten times Federal Aviation Administration than 10 minutes each under OEI in cycles 16 through 25 of the § 33.87 conditions or 5 minutes each under endurance test. AEO conditions in any one flight, for a (2) After completion of the tests 14 CFR Part 33 maximum accumulated usage of 20 required by § 33.87(b), as modified in [Docket No. FAA–2017–0537; Notice No. 33– minutes in any one flight. Each flight paragraph 2(g)(1)(i) above, and without 17–02–SC] where the Rated TOTHAT is used must intervening disassembly, except as be followed by mandatory inspection needed to replace those parts described Special Conditions: General Electric and maintenance actions.’’ as consumables in the ICA, the Company, GE9X Engine Models; (iii) As required by § 33.5(b), applicant must conduct the following Endurance Test Special Conditions Operating instructions, include a note test sequence for a total time of not less AGENCY: Federal Aviation stating that the engine thrust control than 120 minutes: Administration (FAA), DOT. system automatically resets the thrust (i) Ten minutes at Rated TOTHAT. ACTION: Notice of proposed special on the operating engine to the Rated (ii) Eighty-eight minutes at rated conditions. TOTHAT level when one engine fails maximum continuous thrust.

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SUMMARY: This action proposes special 01803–5213; telephone (781) 238–7153; Background conditions for the General Electric facsimile (781) 238–7199; email On January 29, 2016, General Electric turbofan engine models GE9X–105B1A, [email protected]. Company (GE) applied for type –105B1A1, –105B1A2, –105B1A3, SUPPLEMENTARY INFORMATION: certificate application for GE’s GE9X –102B1A, –102B1A1, –102B1A2, turbofan engine models. The GE9X –102B1A3, and –93B1A. These engine Comments Invited engine models are high-bypass-ratio models will be referred to as ‘‘GE9X’’ in We invite interested people to engines that incorporate novel and these special conditions. The engines unusual design features. The GE9X participate in this rulemaking by will have a novel or unusual design engine models incorporate new sending written comments, data, or features associated with the engine technologies such that it cannot run the views. The agency also invites design. The applicable airworthiness endurance test conditions prescribed in comments relating to the economic, regulations do not contain adequate or § 33.87 without significant test-enabling environmental, energy, or federalism appropriate safety standards for this modifications, making the test vehicle impacts that might result from adopting design feature. These proposed special non-representative of the proposed type the proposals in this document. The conditions contain the additional safety design. An alternative endurance test most helpful comments reference a standards that the Administrator cycle has been developed that provides specific portion of the proposed special considers necessary to establish a level a level of safety equivalent with that conditions, explain the reason for any of safety equivalent to that established intended by § 33.87. The proposed by the existing airworthiness standards. recommended change, and include alternate endurance test provides the DATES: Send your comments on or supporting data. To ensure the docket test conditions that allow the engine to before August 10, 2017. does not contain duplicate comments, be run in type design configuration and ADDRESSES: Send comments identified commenters should send only one copy demonstrate engine operability and by docket number FAA–2017–0537 of written comments, or if comments are durability as well as systems using any of the following methods: filed electronically, commenters should functionality to a level intended by the • Federal eRegulations Portal: Go to submit only one time. current § 33.87 rule. http://www.regulations.gov and follow We will file in the docket all the online instructions for sending your comments we receive, as well as a Type Certification Basis comments electronically. report summarizing each substantive Under the provisions of Title 14, Code • Mail: Send comments to Docket public contact with FAA personnel of Federal Regulations (14 CFR) 21.17, Operations, M–30, U.S. Department of concerning this proposed rulemaking. GE must show that the GE9X engine Transportation (DOT), 1200 New Jersey Before acting on this proposal, we will models meet the applicable provisions Avenue SE., Room W12–140, West consider all comments we receive on or of part 33, as amended by Amendments Building Ground Floor, Washington, before the closing date for comments. 33–1 through 33–34. DC, 20590–0001. We will consider comments filed after If the FAA finds that the applicable • Hand Delivery or Courier: Take the comment period has closed if it is airworthiness regulations do not contain comments to Docket Operations in possible to do so without incurring adequate or appropriate safety standards Room W12–140 of the West Building expense or delay. We may change these for the GE9X engine models because of Ground Floor at 1200 New Jersey special conditions based on the a novel or unusual design feature, Avenue SE., Washington, DC, between 9 comments we receive. special conditions are prescribed under a.m. and 5 p.m., Monday through the provisions of § 21.16. Proprietary or Confidential Business Friday, except Federal holidays. Special conditions are initially Information: Commenters should not • Fax: Fax comments to Docket applicable to the engine model for file proprietary or confidential business Operations at 202–493–2251. which they are issued. Should the type information in the docket. Such Privacy: In accordance with 5 U.S.C. certificate for that engine model be information must be sent or delivered 553(c), DOT solicits comments from the amended later to include any other directly to the person identified in the public to better inform its rulemaking engine models that incorporate the same FOR FURTHER INFORMATION CONTACT process. DOT posts these comments, or similar novel or unusual design without edit, including any personal section of this document, and marked as features, the special conditions would information the commenter provides, to proprietary or confidential. If submitting also apply to the other engine models www.regulations.gov, as described in information on a disk or CD–ROM, mark under § 21.101. the system of records notice (DOT/ALL– the outside of the disk or CD–ROM, and In addition to complying with the 14 FDMS), which can be reviewed at identify electronically within the disk or applicable product airworthiness www.dot.gov/privacy. CD–ROM the specific information that regulations and special conditions, the Docket: Background documents or is proprietary or confidential. GE9X engine models must comply with comments received may be read at Under 14 CFR 11.35(b), if the FAA is the fuel venting and exhaust emission http://www.regulations.gov at any time. aware of proprietary information filed requirements of 14 CFR part 34. Follow the online instructions for with a comment, the agency does not The FAA issues special conditions, as accessing the docket or go to the Docket place it in the docket. It is held in a defined in 14 CFR 11.19, in accordance Operations in Room W12–140 of the separate file to which the public does with § 11.38, and they become part of West Building Ground Floor at 1200 not have access, and the FAA places a the type-certification basis under New Jersey Avenue SE., Washington, note in the docket that it has received § 21.17(a)(2). DC, between 9 a.m. and 5 p.m., Monday it. If the FAA receives a request to through Friday, except Federal holidays. examine or copy this information, it Novel or Unusual Design Features FOR FURTHER INFORMATION CONTACT: treats it as any other request under the The GE9X engine models will Dorina Mihail, ANE–111, Engine and Freedom of Information Act (5 U.S.C. incorporate the following novel or Propeller Directorate, Aircraft 552). The FAA processes such a request unusual design features: Technological Certification Service, 1200 District under Department of Transportation advances that reduce noise and Avenue, Burlington, Massachusetts, procedures found in 49 CFR part 7. emissions while improving fuel

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efficiency and increasing thrust, when GE9X engine model(s). Should GE apply applicable limitations declared in the compared to previous similar at a later date for a change to the type Type Certificate Data Sheets (TCDS). certificated GE engine models. certificate to include another model on The test cycle content must create The GE9X series engine type design the same type certificate incorporating conditions in the engine for a sufficient incorporates new technologies such that the same novel or unusual design amount of time to demonstrate no it cannot run the endurance test feature, the special conditions would potential safety issue will develop from conditions prescribed in § 33.87 without apply to that model as well. the limiting damage mechanisms while significant test-enabling modifications, operating in service. The following making the test vehicle non- Conclusion minimum requirements apply: representative of the proposed type This action affects only certain novel (1) The tests in paragraphs (b), (c), and design. The modifications needed to run or unusual design features on the GE9X (d) of these special conditions, for total the § 33.87 endurance test have become turbofan engine models. It is not a rule cumulative and dwell time duration increasingly complex over time, and of general applicability and applies only between ground idle and the takeoff reconciling the test results to the to GE, who requested FAA approval of thrust prescribed in these special proposed type design has also become this engine feature. conditions. The test cycle durations must include all maximums allowed in increasingly difficult. List of Subjects in 14 CFR Part 33 For past certifications, GE has shown the TCDS and expected service that the proposed engine design, as Aircraft, Engines, Aviation Safety, operation. modified, still represented the Reporting and Recordkeeping (2) Requirements of § 33.87(a)(1), (2), durability and operating characteristics requirements. (4), and (6) applicable to turbofan of the intended type design but the The authority citation for these engines. modifications needed to the GE9X special conditions is as follows: (3) Requirements of § 33.87(a)(3) engine model to run the § 33.87 applicable to the temperature of external Authority: 49 U.S.C. 106(g), 40113, 44701, surfaces of the engine, if limited. endurance test cannot be reconciled and 44702, 44704. would affect the test outcome. (4) Testing for maximum air bleed The Proposed Special Conditions must be at least equal with the Discussion prescribed test required in § 33.87(a)(5). ■ Accordingly, the FAA proposes the These proposed special conditions However, for these cycles, the thrust or following special conditions as part of provide the necessary conditions for the rotor shaft rotational speed may be the type certification basis for the GE9X verification of engine-level and less than 100 percent of the value engine models: GE9X–105B1A, component-level effects as intended by associated with the particular operation –105B1A1, –105B1A2, –105B1A3, the current § 33.87 endurance test. The being tested if the FAA finds that the –102B1A, –102B1A1, –102B1A2, special conditions include a validity of the endurance test is not –102B1A3, and –93B1A. demonstration for the oil, fuel, air bleed, compromised. (5) Testing for engine fuel, oil, and and accessory drive systems as required PART 33—REQUIREMENTS in the current § 33.87 endurance test. hydraulic fluid pressure and oil The level of severity is provided by an § 33.4 Instructions for Continued temperature must be at least equal with engine test demonstration at the gas Airworthiness. the prescribed test required in path limiting temperature and at shaft (a) The Airworthiness Limitations § 33.87(a)(7). speed redlines and at the most extreme section must prescribe the mandatory (6) If the number of occurrences of shaft speeds as determined through a post-flight inspections and maintenance either transient rotor shaft overspeed or critical point analysis (CPA). In actions associated with any exceedance transient gas over temperature is not addition, times on condition and cycle required by § 33.87, paragraph (b)(3), of limited, at least 155 accelerations must counts were developed to allow these special conditions. be made at the limiting overspeed or additional challenges to the new and over temperature. If the number of novel features that would not have been § 33.29 Instrument connection. occurrences is limited, that number of as challenged by the current § 33.87 test (a) The engine must have means, or accelerations must be made at the schedule. The alternate test provisions for means, to automatically limiting overspeed or over temperature. demonstrates no potential safety issue record and alert maintenance personnel (7) One hundred starts must be made, will develop while operating in service. for each occurrence of any exceedance of which 25 starts must be preceded by The proposed cycles dwell time required by § 33.87 paragraph (b)(3), of at least a two-hour engine shutdown. duration reflect that GE9X does not have these special conditions. There must be at least 10 false engine a 10-minute OEI extension for the starts, pausing for the applicant’s § 33.87 Endurance Test. takeoff rating. specified minimum fuel drainage time, The special conditions for § 33.4 and (a) General: The applicant must show before attempting a normal start. There § 33.29 are added to support an that the endurance test schedule in must be at least 10 normal restarts with equivalent compliance by means of combination with any prescribed not longer than 15 minutes since engine mandatory inspections prescribed in mandatory actions provide an shutdown. The remaining starts may be paragraph (b)(3) of the § 33.87 special equivalent level of severity and made after completing the endurance conditions. demonstration of durability and testing prescribed by these special These special condition requirements operability as that intended by conditions. maintain a level of safety equivalent to § 33.87(a) and (b) for a turbofan engine. (8) Unless otherwise specified (i.e. the level intended by the applicable When showing that the level of (d)(2)), for accelerations from ground airworthiness standards in effect on the durability is equivalent with that idle to takeoff, the throttle must be date of application. intended by the rule, the applicant must moved in not more than one second, consider the damage accumulated except that, if different regimes of Applicability during the test for the limiting damage control operations are incorporated As discussed above, the proposed mechanisms for components and engine necessitating scheduling of the thrust- special conditions are applicable to the systems, up to and including the control lever motion in going from one

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extreme position to the other, a longer 2 cycles of 5 minutes time duration the declared speed limits (redlines), as period of time is acceptable, but not each. follows: more than two seconds. (2) Conduct the endurance test at or (i) Prescribe post-event actions or (i) When operating with max oil above the rated takeoff thrust and the operating limitations acceptable to the temperatures the throttle movement rated maximum continuous thrust with FAA for operation below the declared may be ‘stair-stepped’ to allow for oil rotor speeds at or above those speed limits (redlines) and above the temperature stabilization for durations determined by a critical point analysis CPA speeds. greater than two seconds. (CPA) and with gas temperature redline (ii) If the test required by (b)(2)(ii) of (9) The applicant must validate any conditions as follows: these special conditions can only be analytical methods used for compliance (i) The applicant must determine accomplished at a rotor shaft speed with these special conditions. through a CPA the highest rotor shaft lower than the CPA speed, prescribe Validation includes the ability to rotational speeds (CPA speeds) expected post-event actions or operating accurately predict an outcome to occur for each rotor shaft system limitations acceptable to the FAA for applicable to the engine being tested. within the declared operating envelope. operation below that CPA speed and (10) The applicant must perform the The CPA must be conducted for the above the value demonstrated during endurance test on an engine that takeoff and maximum continuous rated the test. substantially conforms to its type thrust and must consider the declared (c) Conduct the endurance test at the incremental cruise thrust that must be at design. Modifications may be made as operating envelope, engine least equal with the prescribed test needed to achieve test conditions and/ deterioration, engine-to-engine required in § 33.87(b)(4). The 25 or engine operating conditions variability, and any other applicable incremental test cycles must be representative of the type design. variables that can cause the engine to uniformly distributed throughout the (b) Conduct the endurance test at or operate at the extremes of its entire endurance test. above the declared shaft speeds and gas performance ratings. (d) Conduct at least 300 cycles temperatures limits, and at or above (ii) Except as provided in paragraph between ground idle and combined conditions representative of critical (b)(3)(ii) of these special conditions, takeoff and maximum continuous points (speeds, temperatures, rated conduct a cyclic test between ground thrust, as follows: thrust) in the operating envelope. idle and combined takeoff and (1) Each cycle to include acceleration (1) Conduct the endurance test at or maximum continuous thrust ratings, as to or above rated takeoff thrust, above the rated takeoff thrust and rated follows: deceleration from takeoff to ground idle, maximum continuous thrust and with (A) Eighteen hours and forty five followed by 5 to 15 seconds at ground the associated limits for rotor speeds minutes (18.75 hours) cumulated time idle, acceleration to or above rated and gas temperature (redlines), as duration at or above the rated takeoff maximum continuous thrust, and follows: thrust, the gas temperature limit for deceleration to ground idle. (i) Either rotor speed or gas takeoff (redline), and the CPA rotor (2) The throttle movement from temperature, or concurrent rotor speed speeds for takeoff determined per ground idle to rated takeoff or maximum and gas temperature if analysis indicates paragraph (b)(2)(i) of these special continuous thrust and from rated takeoff a combination of redline operational conditions. thrust to ground idle should be not more conditions is possible to occur in (B) Forty five (45) hours cumulated than one (1) second, except that, if service, must be at least 100 percent of time duration at or above the rated different regimes of control operations the values associated with the engine maximum continuous thrust, the gas are incorporated necessitating rating being tested. temperature limit for maximum scheduling of the thrust-control lever (ii) The cumulative test time duration continuous (redline), and the CPA rotor motion in going from one extreme and number of cycles must be speeds for maximum continuous position to the other, a longer period of representative of the rotor speed and gas determined per paragraph (b)(2)(i) of time is acceptable, but not more than temperature excursions to redlines that these special conditions. two seconds. The throttle move from can be expected to occur in between (C) The time durations for each rated maximum continuous thrust to overhauls. takeoff or maximum continuous ground idle should not be more than (iii) The time durations for each segments must include all maximums five (5) seconds. takeoff or maximum continuous allowed in the TCDS and expected (3) The time durations for each cycle segment must include all maximums service operation, and must include at associated with either takeoff or allowed in the TCDS and expected least one maximum continuous cycle of maximum continuous thrust segments service operation and must include the 30 minutes run continuously. must include all maximums allowed in following cycles: (3) If the cyclic shaft speed excursions the TCDS and expected service (A) At least one (1) takeoff cycle of 5 specified in paragraphs (b)(1) or (b)(2) of operation, and must include the minutes time duration at the low these special conditions cannot be following cycles: pressure rotor speed limit and gas demonstrated in the test, then an (i) Three (3) cycles of 5 minutes each temperature limit (redlines). alternative equivalent with the rule and one (1) cycle of 10 minutes at the (B) At least one (1) takeoff cycle of 5 intent must be provided. Alternatives takeoff thrust. minutes time duration at the high may include alternate means of test (ii) Three (3) cycles of 30 minutes pressure rotor speed limit and gas demonstration, mandatory actions, or each at the maximum continuous thrust. temperature limit (redlines). other means found acceptable to the Issued in Burlington, Massachusetts, on (C) In lieu of the separate cycles FAA. The applicant must prescribe a June 1, 2017. specified in paragraphs (A) and (B) of mandatory action plan for engine Carlos A. Pestana, this section, the applicant may run the operation between the shaft speeds Acting Assistant Manager, Engine and low pressure and high pressure rotor demonstrated for a minimum of Propeller Directorate, Aircraft Certification speeds and gas temperature limits cumulated 18.75 hours at or above rated Service. (redlines) in the same cycle. However in takeoff and 45 hours at or above rated [FR Doc. 2017–13210 Filed 6–23–17; 8:45 am] this case, the applicant must run at least maximum continuous, respectively, and BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION 5:00 p.m., Monday through Friday, Communications should identify both except Federal holidays. docket numbers and be submitted in Federal Aviation Administration FAA Order 7400.11A, Airspace triplicate to the address listed above. Designations and Reporting Points, and Commenters wishing the FAA to 14 CFR Part 71 subsequent amendments can be viewed acknowledge receipt of their comments _ [Docket No. FAA–2016–9378; Airspace online at http://www.faa.gov/air traffic/ on this notice must submit with those Docket No. 16–ASW–16] publications/. For further information, comments a self-addressed, stamped you can contact the Airspace Policy postcard on which the following Proposed Amendment, Revocation, Group, Federal Aviation statement is made: ‘‘Comments to and Establishment of Class D and E Administration, 800 Independence Docket No. FAA–2016–9378/Airspace Airspace; Enid Vance AFB, OK; Enid Avenue SW., Washington, DC, 20591; Docket No. 16–ASW–16.’’ The postcard Woodring Municipal Airport, OK; Enid, telephone: (202) 267–8783. The Order is will be date/time stamped and returned OK; and Vance AFB, OK also available for inspection at the to the commenter. National Archives and Records AGENCY: Federal Aviation All communications received before Administration (FAA), DOT. Administration (NARA). For the specified closing date for comments information on the availability of FAA will be considered before taking action ACTION: Notice of proposed rulemaking Order 7400.11A at NARA, call (202) (NPRM). on the proposed rule. The proposal 741–6030, or go to http:// contained in this notice may be changed SUMMARY: This action proposes to: www.archives.gov/federal_register/ in light of the comments received. A Remove Class D airspace for Enid code_of_federal-regulations/ibr_ report summarizing each substantive Woodring Municipal Airport, OK, and locations.html. public contact with FAA personnel Enid Vance AFB, OK; establish Class D FAA Order 7400.11, Airspace concerned with this rulemaking will be airspace for Enid Woodring Regional Designations and Reporting Points, is filed in the docket. Airport, Enid, OK, and Vance AFB, published yearly and effective on Availability of NPRMs Vance AFB, OK; amend Class E airspace September 15. designated as a surface area for Enid FOR FURTHER INFORMATION CONTACT: An electronic copy of this document Woodring Regional Airport; establish Jeffrey Claypool, Federal Aviation may be downloaded through the Class E airspace designated as a surface Administration, Operations Support Internet at http://www.regulations.gov. area for Vance AFB; remove Class E Group, Central Service Center, 10101 Recently published rulemaking airspace designated as an extension of Hillwood Parkway, Fort Worth, TX documents can also be accessed through Class D and E surface area at Enid 76177; telephone (817) 222–5711. the FAA’s Web page at http:// _ Woodring Municipal Airport, OK, and SUPPLEMENTARY INFORMATION: www.faa.gov/air traffic/publications/ Enid Vance AFB, OK; establish Class E airspace_amendments/. airspace designated as an extension of Authority for This Rulemaking You may review the public docket Class D and E surface area at Enid The FAA’s authority to issue rules containing the proposal, any comments Woodring Regional Airport and Vance regarding aviation safety is found in received, and any final disposition in AFB; and amend Class E airspace Title 49 of the United States Code. person in the Dockets Office (see the extending upward from 700 feet above Subtitle I, Section 106 describes the ADDRESSES section for the address and the surface at Enid Woodring Regional authority of the FAA Administrator. phone number) between 9:00 a.m. and Airport. Due to the differing operating Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, hours of the two airports, the airspace describes in more detail the scope of the except federal holidays. An informal descriptions would be separated for agency’s authority. This rulemaking is docket may also be examined during safety and management of instrument promulgated under the authority normal business hours at the Federal flight rules (IFR) operations at these described in Subtitle VII, Part, A, Aviation Administration, Air Traffic airports. Also, airspace redesign is Subpart I, Section 40103. Under that Organization, Central Service Center, necessary to accommodate new section, the FAA is charged with Operations Support Group, 10101 standard instrument approach prescribing regulations to assign the use Hillwood Parkway, Fort Worth, TX procedures (SIAPS) at Woodring of airspace necessary to ensure the 76177. Regional Airport. safety of aircraft and the efficient use of Availability and Summary of DATES: Comments must be received on airspace. This regulation is within the or before August 10, 2017. Documents for Incorporation by scope of that authority as it would Reference ADDRESSES: Send comments on this amend Class D and E airspace in the proposal to the U.S. Department of Enid, OK, area. This document proposes to amend Transportation, Docket Operations, FAA Order 7400.11A, Airspace West Building Ground Floor, Room Comments Invited Designations and Reporting Points, W12–140, 1200 New Jersey Avenue SE., Interested parties are invited to dated August 3, 2016, and effective Washington, DC 20590; telephone (202) participate in this proposed rulemaking September 15, 2016. FAA Order 366–9826, or 1–800–647–5527. You by submitting such written data, views, 7400.11A is publicly available as listed must identify FAA Docket No. FAA– or arguments, as they may desire. in the ADDRESSES section of this 2016–9378; Airspace Docket No. 16– Comments that provide the factual basis document. FAA Order 7400.11A lists ASW–16, at the beginning of your supporting the views and suggestions Class A, B, C, D, and E airspace areas, comments. You may also submit presented are particularly helpful in air traffic service routes, and reporting comments through the Internet at http:// developing reasoned regulatory points. www.regulations.gov. You may review decisions on the proposal. Comments The Proposal the public docket containing the are specifically invited on the overall proposal, any comments received, and regulatory, aeronautical, economic, The FAA is proposing an amendment any final disposition in person in the environmental, and energy-related to Title 14 Code of Federal Regulations Dockets Office between 9:00 a.m. and aspects of the proposal. (14 CFR) part 71 by:

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Removing Class D airspace at Enid accommodate new SIAPs at the airport Authority: 49 U.S.C. 106(f), 106(g); 40103, Woodring Municipal Airport, OK; and for the safety and management of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Removing Class D airspace at Enid IFR operations at these airports. The 1959–1963 Comp., p. 389. Vance AFB, OK; part-time NOTAM information would § 71.1 [Amended] Establishing Class D airspace at Enid be included in the airspace descriptions Woodring Regional Airport, Enid, OK, for the new airspace and would be ■ 2. The incorporation by reference in within a 4.5-mile radius of the airport; 1 retained in the legal descriptions for the 14 CFR 71.1 of FAA Order 7400.11A, Establishing Class D airspace at Vance amended airspace. Airspace Designations and Reporting AFB, Vance AFB, OK, within a 5.1-mile Class D and E airspace designations Points, dated August 3, 2016, and radius of the airport; are published in paragraph 5000, 6002, effective September 15, 2016, is Amending Class E airspace designated 6004, and 6005, respectively, of FAA amended as follows: as a surface area within a 4.5-mile Order 7400.11A, dated August 3, 2016, Paragraph 5000 Class D Airspace. radius (increased from a 4.1-mile radius) and effective September 15, 2016, which of Enid Woodring Regional Airport, is incorporated by reference in 14 CFR * * * * * Enid, OK, removing the portion within 71.1. The Class D and E airspace ASW OK D Enid Woodring Municipal a 5.1-mile radius of Vance AFB, and designations listed in this document Airport, OK [Removed] removing Vance AFB from the airspace will be published subsequently in the * * * * * description; Order. Establishing Class E airspace ASW OK D Enid Vance AFB, OK Regulatory Notices and Analyses designated as a surface area within a 5.1 [Removed] mile radius of Vance AFB, Vance AFB, The FAA has determined that this * * * * * regulation only involves an established OK; ASW OK D Enid, OK [New] Removing Class E airspace designated body of technical regulations for which as an extension to Class D or E surface frequent and routine amendments are Enid Woodring Regional Airport, OK (Lat. 36°22′33″ N., long. 97°47′22″ W.) area at Enid Vance AFB, OK; necessary to keep them operationally Removing Class E airspace designated current, is non-controversial and That airspace extending upward from the as an extension to Class D or E surface unlikely to result in adverse or negative surface to and including 3,800 feet within a 4.5-mile radius of Enid Woodring Regional area at Enid Woodring Municipal comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Airport, excluding that portion of airspace Airport, OK; west of long. 97°51′01″ W. This Class D Establishing Class E airspace Executive Order 12866; (2) is not a airspace area is effective during the specific designated as an extension to Class D or ‘‘significant rule’’ under DOT dates and times established in advance by a E surface area at Enid Woodring Regulatory Policies and Procedures (44 Notice to Airmen. The effective date and time Regional Airport, Enid, OK, with a FR 11034; February 26, 1979); and (3) will thereafter be continuously published in segment each side of the VOR/DME does not warrant preparation of a the Chart Supplement. extending from the 4.5-mile radius of regulatory evaluation as the anticipated * * * * * the airport to 7 miles north and 7 miles impact is so minimal. Since this is a south of the airport; routine matter that will only affect air ASW OK D Vance AFB, OK [New] Establishing Class E airspace traffic procedures and air navigation, it Vance AFB, OK designated as an extension to Class D or is certified that this rule, when (Lat. 36°20′22″ N., long. 97°55′02″ W.) promulgated, would not have a Enid Woodring Regional Airport, OK E surface area at Vance AFB, Vance ° ′ ″ ° ′ ″ AFB, OK, with a segment each side of significant economic impact on a (Lat. 36 22 33 N., long. 97 47 22 W.) the Vance VORTAC extending from the substantial number of small entities That airspace extending upward from the 5.1-mile radius to 6.1 miles south of the under the criteria of the Regulatory surface to and including 3,800 feet within Flexibility Act. a5.1-mile radius of Vance AFB excluding that airport; and portion east of long. 97°51′01″ W., and Amending Class E airspace extending Environmental Review excluding within a 4.5-mile radius of Enid upward from 700 feet above the surface Woodring Regional Airport. This Class D at Enid, OK, within a 7-mile radius This proposal will be subject to an environmental analysis in accordance airspace area is effective during the specific (increasing from a 6.6-mile radius) of dates and times established in advance by a Woodring Regional Airport, removing with FAA Order 1050.1F, Notice to Airmen. The effective date and time the Woodring VOR/DME extensions, ‘‘Environmental Impacts: Policies and will thereafter be continuously published in and updating the name of the airport to Procedures’’ prior to any FAA final the Chart Supplement. regulatory action. coincide with the FAA’s aeronautical * * * * * database. List of Subjects in 14 CFR Part 71 Paragraph 6002 Class E Airspace The FAA determined that due to the Airspace, Incorporation by reference, Designated as a Surface Area. differing operating hours of the two Navigation (air). airports, the airspace descriptions * * * * * should be separated for safety and The Proposed Amendment ASW OK E2 Enid, OK [Amended] management of IFR operations at these Accordingly, pursuant to the Enid Woodring Regional Airport, OK airports. Also, after an airspace review authority delegated to me, the Federal (Lat. 36°22′33″ N., long. 97°47′22″ W.) of the Woodring Regional Airport, the Aviation Administration proposes to That airspace within a 4.5-mile radius of FAA found airspace redesign necessary amend 14 CFR part 71 as follows: Enid Woodring Regional Airport excluding at Enid Woodring Regional Airport to that portion of airspace west of long. PART 71—DESIGNATION OF CLASS A, 97°51′01″ W. This Class E airspace area is 1 This Class D airspace would replace the Class B, C, D, AND E AIRSPACE AREAS; AIR effective during the specific dates and times D airspace at Enid Woodring Municipal Airport that TRAFFIC SERVICE ROUTES; AND established in advance by a Notice to is being proposed for removal in this action. This REPORTING POINTS Airmen. The effective date and time will proposal would increase the existing 4.1-mile thereafter be continuously published in the radius around the airport to a 4.5-mile radius. The ■ Chart Supplement. part-time NOTAM language is included in the new 1. The authority citation for 14 CFR legal description. part 71 continues to read as follows: * * * * *

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ASW OK E2 Vance AFB, OK [New] Issued in Fort Worth, Texas, on June 19, I. Table of Abbreviations Vance AFB, OK 2017. (Lat. 36°20′22″ N., long. 97°55′02″ W.) Walter Tweedy, CFR Code of Federal Regulations Enid Woodring Regional Airport, OK Acting Manager, Operations Support Group, DHS Department of Homeland Security (Lat. 36°22′33″ N., long. 97°47′22″ W.) ATO Central Service Center. E.O. Executive order FR Federal Register That airspace within a 5.1-mile radius of [FR Doc. 2017–13184 Filed 6–23–17; 8:45 am] Pub. L. Public Law Vance AFB excluding that portion east of the BILLING CODE 4910–13–P ° ″ § Section long. 97 51’01 W., and excluding within a U.S.C. United States Code 4.5-mile radius of Enid Woodring Regional COTP Captain of the Port Airport. This Class E airspace area is effective during the specific dates and times DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal established in advance by a Notice to SECURITY Basis Airmen. The effective date and time will Paulsboro Natural Gas Pipeline thereafter be continuously published in the Coast Guard Chart Supplement. Company and Buckeye Partners, L.P. * * * * * notified the Coast Guard that removal of 33 CFR Part 165 portions of old natural gas pipelines Paragraph 6004 Class E Airspace Areas will need to be conducted in Designated as an Extension to Class D or [Docket Number USCG–2017–0400] compliance with the Army Corps of Class E Surface Areas. Engineers request for removal due to the * * * * * RIN 1625–AA00 upcoming widening and deepening of the Delaware River, main navigational ASW OK E4 Enid Vance AFB, OK Safety Zone, Delaware River; Pipe- [Removed] channel, in which the depth of the Removal channel will be taken to 45 feet. The ASW OK E4 Enid Woodring Municipal Captain of the Port Delaware Bay has AGENCY: Coast Guard, DHS. Airport, OK [Removed] determined that potential hazards * * * * * ACTION: Notice of proposed rulemaking. associated with the pipe-removal operational would be a safety concern ASW OK E4 Enid, OK [New] SUMMARY: The Coast Guard is proposing for anyone within a 150-yard radius of Enid Woodring Regional Airport, OK to establish temporary safety zones in (Lat. 36°22′33″ N., long. 97°47′22″ W.) portions of Billingsport Range, on the the working vessels. The Coast Guard is proposing to issue Woodring VOR/DME Delaware River, to facilitate the removal this rule under authority in 33 U.S.C. (Lat. 36°22′26″ N., long. 97°47′17″ W.) of existing pipelines along the river bed 1231; 33 CFR 1.05–1 and 160.5; and That airspace extending upward from the of the Federal Navigation Channel. The Department of Homeland Security surface within 2.4 miles each side of the 347° safety zones would be established for radial of the Woodring VOR/DME extending Delegation No. 0170.1. The Captain of the waters of Billingsport Range, on the the Port, Delaware Bay, has determined from the 4.5-mile radius of the airport to 7 Delaware River, in the vicinity of miles north of the airport, and within 2.4 that potential hazards associated with working vessels and associated miles each side of the 177° radial of the pipe-removal operations, beginning on Woodring VOR/DME extending from the 4.5- equipment. At times the working vessels or about July 29, 2017, will be a safety mile radius of the airport to 7 miles south of and equipment may be in close concern for vessels attempting to transit the airport. proximity or impede the navigation the Delaware River, along Billingsport * * * * * channel. This regulation is necessary to Range. This rule is needed to protect provide for the safety of life on ASW OK E4 Vance AFB, OK [New] personnel, vessels, and the marine navigable waters of the Delaware River, environment on the navigable waters Vance AFB, OK in the vicinity of pipeline-removal ° ′ ″ ° ′ ″ within the safety zone while removal of (Lat. 36 20 22 N., long. 97 55 02 W.) operations, and is intended to protect the pipeline is being conducted. Vance VORTAC mariners from the associated hazards. (Lat. 36°20′42″ N., long. 97°55′06″ W.) DATES: Comments and related material III. Discussion of Proposed Rule That airspace extending upward from the must be received by the Coast Guard on The Coast Guard Captain of the Port surface within 1.3 miles each side of the 188° or before July 11, 2017. is proposing to establish temporary radial of the Vance VORTAC extending from the 5.1-mile radius of Vance AFB to 6.1 miles ADDRESSES: You may submit comments safety zones on portions of the Delaware south of the airport. identified by docket number USCG– River on or about July 29, 2017, until October 31, 2017, unless cancelled * * * * * 2017–0400 using the Federal eRulemaking Portal at http:// earlier by the Captain of the Port, to Paragraph 6005 Class E Airspace Areas www.regulations.gov. See the ‘‘Public facilitate the removal of existing Extending Upward From 700 Feet or More Participation and Request for pipeline on the river bed of the Above the Surface of the Earth. Comments’’ portion of the Delaware River, along the Billingsport * * * * * SUPPLEMENTARY INFORMATION section for Range. With plans to widen the commercial ASW OK E5 Enid, OK [Amended] further instructions on submitting shipping channel in the Delaware River, Vance AFB, OK comments. ° ′ ″ ° ′ ″ the U.S. Army Corp of Engineers (Lat. 36 20 22 N., long. 97 55 02 W.) FOR FURTHER INFORMATION CONTACT: If (ACOE) has requested both Paulsboro Enid Woodring Regional Airport, OK you have questions about this proposed Natural Gas Pipeline Company, LLC (Lat. 36°22′33″ N., long. 97°47′22″ W.) rulemaking, call or if email Petty Officer (PBF) and Buckeye Partners, L.P. (BPL) That airspace extending upward from 700 Amanda Boone, U.S. Coast Guard, modify their existing pipelines across feet above the surface within 8.7 miles east Sector Delaware Bay, Waterways the river that could cause hazards to and west of Vance AFB extending to 15.2 Management Division, Coast Guard; miles north and south of Vance AFB, and mariners in the expanded shipping that airspace extending upward from 700 feet telephone (215) 271–4889, email channel. This specifically pertains to above the surface within a 7-mile radius of [email protected]. PBF’s 8″ natural gas pipeline and BPL’s Enid Woodring Regional Airport. SUPPLEMENTARY INFORMATION: 10″ and 12″ pipelines that run adjacent

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to Philadelphia International Airport to vessels on scene in accordance with this between the national government and the Paulsboro Refinery. Due to the rule and the Rules of the Road (33 CFR the States, or on the distribution of hazards related to underwater pipe- subchapter E). Extensive notification of power and responsibilities among the removal operations, safety zones will be the safety zone to the maritime public various levels of government. We have established on the Delaware River will be made via maritime advisories to analyzed this proposed rule under that waters within 150 yards of the working allow mariners to alter their plans Order and have determined that it is vessel(s) and related equipment. accordingly. consistent with the fundamental The proposed safety zones will be federalism principles and preemption established for the duration of the pipe- B. Impact on Small Entities requirements described in Executive removal operation. Vessels that desire to The Regulatory Flexibility Act of Order 13132. enter or transit through the safety zones 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have will be required to contact working requires Federal agencies to consider tribal implications under Executive vessels on VHF–FM marine band the potential impact of regulations on Order 13175, Consultation and channel 13 or 16, at least 1 hour prior small entities during rulemaking. The Coordination with Indian Tribal to arrival. term ‘‘small entities’’ comprises small Governments, because it would not have Entry into, transiting, or anchoring businesses, not-for-profit organizations a substantial direct effect on one or within the safety zones is prohibited that are independently owned and more Indian tribes, on the relationship unless vessels obtain permission from operated and are not dominant in their between the Federal Government and the Captain of the Port or make fields, and governmental jurisdictions Indian tribes, or on the distribution of satisfactory passing arrangements with with populations of less than 50,000. power and responsibilities between the the working vessels on scene per this The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. rule and the Rules of the Road (33 CFR 605(b) that this proposed rule would not If you believe this proposed rule has subchapter E). have a significant economic impact on implications for federalism or Indian The Captain of the Port will a substantial number of small entities. tribes, please contact the person listed implement and terminate the safety While some owners or operators of in the FOR FURTHER INFORMATION zone once all pipelines have been vessels intending to transit the safety CONTACT section. recovered and removal operations are zone may be small entities, for the E. Unfunded Mandates Reform Act completed. Notice of the reasons stated in section IV.A above, implementation and the termination of this rule will not have a significant The Unfunded Mandates Reform Act the safety zone will be made in economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires accordance with 33 CFR 165.7. or operator. Federal agencies to assess the effects of If you think that your business, their discretionary regulatory actions. In IV. Regulatory Analyses organization, or governmental particular, the Act addresses actions We developed this proposed rule after jurisdiction qualifies as a small entity that may result in the expenditure by a considering numerous statutes and and that this rule would have a State, local, or tribal government, in the Executive orders related to rulemaking. significant economic impact on it, aggregate, or by the private sector of Below we summarize our analyses please submit a comment (see $100,000,000 (adjusted for inflation) or based on a number of these statutes and ADDRESSES) explaining why you think it more in any one year. Though this Executive orders and we discuss First qualifies and how and to what degree proposed rule would not result in such Amendment rights of protestors. this rule would economically affect it. an expenditure, we do discuss the effects of this rule elsewhere in this A. Regulatory Planning and Review Under section 213(a) of the Small Business Regulatory Enforcement preamble. Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), F. Environment direct agencies to assess the costs and we want to assist small entities in benefits of available regulatory understanding this proposed rule. If the We have analyzed this proposed rule alternatives and, if regulation is rule would affect your small business, under Department of Homeland necessary, to select regulatory organization, or governmental Security Management Directive 023–01 approaches that maximize net benefits. jurisdiction and you have questions and Commandant Instruction Executive Order 13771 directs agencies concerning its provisions or options for M16475.lD, which guide the Coast to control regulatory costs through a compliance, please contact the person Guard in complying with the National budgeting process. This NPRM has not listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42 been designated a ‘‘significant CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a regulatory action,’’ under Executive not retaliate against small entities that preliminary determination that this Order 12866. Accordingly, the NPRM question or complain about this action is one of a category of actions that has not been reviewed by the Office of proposed rule or any policy or action of do not individually or cumulatively Management and Budget (OMB), and the Coast Guard. have a significant effect on the human pursuant to OMB guidance it is exempt environment. This proposed rule from the requirements of Executive C. Collection of Information involves a safety zone which is limited Order 13771. This proposed rule would not call for in size and duration. Normally such This regulatory action determination a new collection of information under actions are categorically excluded from is based on the size, location, and the Paperwork Reduction Act of 1995 further review under paragraph 34(g) of duration of the safety zones. Although (44 U.S.C. 3501–3520). Figure 2–1 of Commandant Instruction this regulation will restrict access to M16475.lD. A preliminary Record of regulated areas, the effect of this rule D. Federalism and Indian Tribal Environmental Consideration will not be significant because vessels Governments supporting this determination is may be permitted to transit through the A rule has implications for federalism available in the docket where indicated safety zone with the permission of the under Executive Order 13132, under ADDRESSES. We seek any Captain of the Port or make satisfactory Federalism, if it has a substantial direct comments or information that may lead passing arrangements with the working effect on the States, on the relationship to the discovery of a significant

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environmental impact from this For the reasons discussed in the zone shall obey the directions or orders proposed rule. preamble, the Coast Guard proposes to of the Captain of the Port or their amend 33 CFR part 165 as follows: designated representative. G. Protest Activities (4) At least one side of the main The Coast Guard respects the First PART 165—REGULATED NAVIGATION navigational channel will be kept clear Amendment rights of protesters. AREAS AND LIMITED ACCESS AREAS for safe passage of vessels in the vicinity of the safety zone. At no time will the Protesters are asked to contact the ■ 1. The authority citation for part 165 FOR FURTHER main navigational channel be closed to person listed in the continues to read as follows: INFORMATION CONTACT section to vessel traffic. Vessels that desire to enter coordinate protest activities so that your Authority: 33 U.S.C. 1231; 50 U.S.C. 191; or transit through a safety zone shall message can be received without 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; contact the working vessels on scene on Department of Homeland Security Delegation VHF–FM marine band channel 13 or 16, jeopardizing the safety or security of No. 0170.1. people, places, or vessels. at least 1 hour prior to arrival. ■ 2. Add temporary § 165.T05–0400, to (5) This section applies to all vessels V. Public Participation and Request for read as follows: that intend to transit through a safety Comments zone except vessels that are engaged in § 165.T05–0400 Safety Zone, Delaware the following operations: Enforcement We view public participation as River; Pipe-laying of laws; service of aids to navigation, essential to effective rulemaking, and (a) Location. The following areas are will consider all comments and material and emergency response. safety zones: Includes all waters in (d) Enforcement. These safety zones received during the comment period. Billingsport Range, on the Delaware will be enforced with actual notice by Your comment can help shape the River, within 150 yards of the working the U.S. Coast Guard representatives on outcome of this rulemaking. If you vessels and related equipment scene, as well as other methods listed in submit a comment, please include the conducting pipe-removal operations. 33 CFR 165.7. docket number for this rulemaking, (b) Definitions. (1) The Captain of the indicate the specific section of this Port means the Commander Sector Dated: June 20, 2017. document to which each comment Delaware Bay or any Coast Guard Benjamin A. Cooper, applies, and provide a reason for each commissioned, warrant, or petty officer Captain, U.S. Coast Guard, Captain of the suggestion or recommendation. who has been authorized by the Captain Port, Delaware Bay. We encourage you to submit of the Port to act on his behalf. [FR Doc. 2017–13247 Filed 6–23–17; 8:45 am] comments through the Federal (2) Designated representative means BILLING CODE 9110–04–P eRulemaking Portal at http:// any Coast Guard commissioned, warrant www.regulations.gov. If your material or petty officer who has been authorized cannot be submitted using http:// by the Captain of the Port, Delaware DEPARTMENT OF HOMELAND www.regulations.gov, contact the person Bay, to assist with the enforcement of a SECURITY in the FOR FURTHER INFORMATION safety zone described in paragraph (a) of Coast Guard CONTACT section of this document for this section. alternate instructions. (c) Regulations: The general safety 33 CFR Part 165 We accept anonymous comments. All zone regulations found in subpart C of comments received will be posted this part apply to the safety zones [Docket Number USCG–2017–0541] created by this section. (1) The Captain without change to http:// RIN 1625–AA00 www.regulations.gov and will include of the Port will implement and any personal information you have terminate the safety zones once all Safety Zone; Nights in Venice provided. For more about privacy and pipelines have been removed and Fireworks, Beach Thorofare, Ocean the docket, visit http:// operations are completed. Notice of the City, NJ www.regulations.gov/privacyNotice. implementation and the termination of the safety zone will be made in AGENCY: Coast Guard, DHS. Documents mentioned in this NPRM accordance with § 165.7. ACTION: Notice of proposed rulemaking. as being available in the docket, and all (2) Entry into, transiting, or anchoring public comments, will be in our online within the safety zones is prohibited SUMMARY: The Coast Guard proposes to docket at http://www.regulations.gov unless vessels obtain permission from establish a safety zone on the waters of and can be viewed by following that the Captain of the Port (COTP) or make Beach Thorofare in Ocean City, NJ on Web site’s instructions. Additionally, if satisfactory passing arrangements, via July 22, 2017. The safety zone will you go to the online docket and sign up VHF–FM marine band channel 13 or 16, restrict vessel traffic from operating on for email alerts, you will be notified with the working vessel on scene per a portion of Beach Thorofare while a when comments are posted or a final this rule and the Rules of the Road (33 fireworks event is taking place. This rule is published. CFR subchapter E). safety zone is necessary to protect the For information on facilities or (3) To request permission to enter a public, spectators and vessels from the services for individuals with disabilities safety zone, the Captain of the Port’s hazards associated with a fireworks or to request special assistance at the representative can be contact via VHF– display. The safety zone restricts vessels public meeting, contact the person FM channel 16. Vessels granted from transiting the zone during the named in the FOR FURTHER INFORMATION permission to enter and transit through effective period, unless authorized by CONTACT section, above. a safety zone must do so in accordance the Captain of the Port Delaware Bay or a designated representative. List of Subjects in 33 CFR Part 165 with the directions provided by the Captain of the Port or designated DATES: Comments and related material Harbors, Marine Safety, Navigation representative. No person or vessel may must be received by the Coast Guard on (water), Reporting and recordkeeping enter or remain in a safety zone without or before July 11, 2017. requirements, Security measures, permission from the Captain of the Port. ADDRESSES: You may submit comments Waterways. All persons and vessels within a safety identified by docket number USCG–

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2017–0541 using the Federal the Port Delaware Bay or designated economic impact on any vessel owner eRulemaking Portal at http:// representative may enter or remain in or operator. www.regulations.gov. See the ‘‘Public the regulated area. If you think that your business, Participation and Request for IV. Regulatory Analyses organization, or governmental Comments’’ portion of the jurisdiction qualifies as a small entity SUPPLEMENTARY INFORMATION section for We developed this proposed rule after considering numerous statutes and and that this rule would have a further instructions on submitting significant economic impact on it, comments. Executive orders related to rulemaking. Below we summarize our analyses please submit a comment (see FOR FURTHER INFORMATION CONTACT: If based on a number of these statutes and ADDRESSES) explaining why you think it you have questions about this proposed Executive orders and we discuss First qualifies and how and to what degree rulemaking, call or if email Petty Officer Amendment rights of protestors. this rule would economically affect it. Amanda Boone, U.S. Coast Guard, Under section 213(a) of the Small Sector Delaware Bay, Waterways A. Regulatory Planning and Review Business Regulatory Enforcement Management Division, Coast Guard; Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), telephone (215) 271–4889, email direct agencies to assess the costs and we want to assist small entities in [email protected]. benefits of available regulatory understanding this proposed rule. If the SUPPLEMENTARY INFORMATION: alternatives and, if regulation is rule would affect your small business, I. Table of Abbreviations necessary, to select regulatory organization, or governmental approaches that maximize net benefits. jurisdiction and you have questions CFR Code of Federal Regulations Executive Order 13771 directs agencies DHS Department of Homeland Security concerning its provisions or options for to control regulatory costs through a compliance, please contact the person E.O. Executive order budgeting process. This NPRM has not FR Federal Register listed in the FOR FURTHER INFORMATION Pub. L. Public Law been designated a ‘‘significant CONTACT section. The Coast Guard will § Section regulatory action,’’ under Executive not retaliate against small entities that U.S.C. United States Code Order 12866. Accordingly, the NPRM question or complain about this COTP Captain of the Port has not been reviewed by the Office of proposed rule or any policy or action of Management and Budget (OMB), and the Coast Guard. II. Background, Purpose, and Legal pursuant to OMB guidance it is exempt Basis from the requirements of Executive C. Collection of Information On June 8, 2017 the Coast Guard was Order 13771. notified of Ocean City Nights in Venice This regulatory action determination This proposed rule would not call for fireworks event scheduled for July 22, is based on the size, location, duration, a new collection of information under 2017. The Coast Guard is issuing this and time-of-year of the safety zone. This the Paperwork Reduction Act of 1995 rule under authority in 33 U.S.C. 1231. safety zone will impact the waters (44 U.S.C. 3501–3520). The Captain of the Port Delaware Bay affected by this rule from 9:30 p.m. to D. Federalism and Indian Tribal has determined that a temporary safety 11:30 p.m. on July 22, 2017, during a Governments zone is necessary to provide safety on time of day when commercial and navigable waters during the fireworks recreational vessels traffic is normally A rule has implications for federalism event, and to enhance safety of the low. Notifications will be made to the under Executive Order 13132, public, spectators and vessels. maritime community via marine Federalism, if it has a substantial direct information broadcasts so mariners may III. Discussion of Proposed Rule effect on the States, on the relationship adjust their plans accordingly. between the national government and On July 22, 2017 a fireworks display Notifications will be updated as the States, or on the distribution of event will take place on the waters of necessary, to keep the maritime power and responsibilities among the Beach Thorofare in Ocean City, NJ. The community informed of the status of the various levels of government. We have Coast Guard is establishing a temporary safety zone. analyzed this proposed rule under that safety zone in a portion of the waterway B. Impact on Small Entities Order and have determined that it is known as Beach Thorofare in Ocean consistent with the fundamental City, NJ to ensure the safety of persons, The Regulatory Flexibility Act of federalism principles and preemption vessels and the public during the event. 1980, 5 U.S.C. 601–612, as amended, requirements described in Executive requires Federal agencies to consider The safety zone includes all navigable Order 13132. waters of Beach Thorofare within a 600 the potential impact of regulations on foot radius of the fireworks launch small entities during rulemaking. The Also, this proposed rule does not have platform in approximate position term ‘‘small entities’’ comprises small tribal implications under Executive 39°17′23″ N., 074°34′31″ W. near Ocean businesses, not-for-profit organizations Order 13175, Consultation and City, NJ. The fireworks displays are that are independently owned and Coordination with Indian Tribal expected to occur between 9:30 p.m. operated and are not dominant in their Governments, because it would not have and 10:30 p.m. In order to coordinate fields, and governmental jurisdictions a substantial direct effect on one or the safe movement of vessels within the with populations of less than 50,000. more Indian tribes, on the relationship area and to ensure that the area is clear The Coast Guard certifies under 5 U.S.C. between the Federal Government and of unauthorized persons and vessels 605(b) that this proposed rule would not Indian tribes, or on the distribution of before, during, and immediately after have a significant economic impact on power and responsibilities between the the fireworks launch, this zone will be a substantial number of small entities. Federal Government and Indian tribes. enforced from 9:30 p.m. to 11:30 p.m. While some owners or operators of If you believe this proposed rule has Access to this safety zone will be vessels intending to transit the safety implications for federalism or Indian restricted during the specified date and zone may be small entities, for the tribes, please contact the person listed time period. Only vessels or persons reasons stated in section IV.A above, in the FOR FURTHER INFORMATION specifically authorized by the Captain of this rule will not have a significant CONTACT section.

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E. Unfunded Mandates Reform Act applies, and provide a reason for each approximate position 39°17′W23″ N., ° ′ ″ The Unfunded Mandates Reform Act suggestion or recommendation. 074 34 W31 W. near Ocean City, NJ. of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit (c) Regulations. Federal agencies to assess the effects of comments through the Federal (1) The general safety zone regulations their discretionary regulatory actions. In eRulemaking Portal at http:// found in § 165.23 apply to the safety particular, the Act addresses actions www.regulations.gov. If your material zone created by this temporary section. that may result in the expenditure by a cannot be submitted using http:// (2) Under the general safety zone State, local, or tribal government, in the www.regulations.gov, contact the person regulations in § 165.23, persons may not aggregate, or by the private sector of in the FOR FURTHER INFORMATION enter the safety zone described in $100,000,000 (adjusted for inflation) or CONTACT section of this document for paragraph (b) of this section unless more in any one year. Though this alternate instructions. authorized by the COTP or the COTP’s proposed rule would not result in such We accept anonymous comments. All designated representative. an expenditure, we do discuss the comments received will be posted (3) To request permission to enter the effects of this rule elsewhere in this without change to http:// safety zone, contact the COTP or the preamble. www.regulations.gov and will include COTP’s representative on marine band any personal information you have radio VHF–FM channel 16 (156.8 MHz). F. Environment provided. For more about privacy and All persons and vessels in the safety We have analyzed this proposed rule the docket, visit http:// zone must comply with all lawful orders under Department of Homeland www.regulations.gov/privacyNotice. or directions given to them by the COTP Security Management Directive 023–01 Documents mentioned in this NPRM or the COTP’s designated representative. and Commandant Instruction as being available in the docket, and all (d) Effective and enforcement period: M16475.lD, which guide the Coast public comments, will be in our online This section will be enforced from 9:30 Guard in complying with the National docket at http://www.regulations.gov p.m. to 11:30 p.m. on July 22, 2017. Environmental Policy Act of 1969 (42 and can be viewed by following that Benjamin A. Cooper, U.S.C. 4321–4370f), and have made a Web site’s instructions. Additionally, if Captain, U.S. Coast Guard, Captain of the preliminary determination that this you go to the online docket and sign up Port Delaware Bay. for email alerts, you will be notified action is one of a category of actions that [FR Doc. 2017–13206 Filed 6–23–17; 8:45 am] when comments are posted or a final do not individually or cumulatively BILLING CODE 9110–04–P have a significant effect on the human rule is published. environment. This proposed rule List of Subjects in 33 CFR Part 165 involves a safety zone which is limited LIBRARY OF CONGRESS in size and duration. Normally such Harbors, Marine safety, Navigation (water), Reporting and record keeping actions are categorically excluded from Copyright Royalty Board further review under paragraph 34(g) of requirements, Security measures, Waterways. Figure 2–1 of Commandant Instruction 37 CFR Part 350 M16475.lD. A preliminary Record of For the reasons discussed in the Environmental Consideration preamble, the Coast Guard proposes to [Docket No. 17–CRB–0013 RM] supporting this determination is amend 33 CFR part 165 as follows: available in the docket where indicated Proceedings of the Copyright Royalty under ADDRESSES. We seek any PART 165—REGULATED NAVIGATION Board; Violation of Standards of comments or information that may lead AREAS AND LIMITED ACCESS AREAS Conduct to the discovery of a significant ■ 1. The authority citation for part 165 AGENCY: Copyright Royalty Board, environmental impact from this Library of Congress. proposed rule. continues to read as follows: ACTION: Proposed rule. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; G. Protest Activities 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Copyright Royalty Judges The Coast Guard respects the First Department of Homeland Security Delegation seek reply comments regarding a No. 0170.1. Amendment rights of protesters. proposed new Copyright Royalty Board Protesters are asked to contact the ■ 2. Add § 165.T05–0541 to read as rule that would authorize the Judges to person listed in the FOR FURTHER follows: bar, either temporarily or permanently, INFORMATION CONTACT section to certain individuals and entities from coordinate protest activities so that your § 165.T05–0541 Safety Zone; Nights in Venice Fireworks, Beach Thorofare, Ocean participating in proceedings before the message can be received without Judges. jeopardizing the safety or security of City, NJ. people, places, or vessels. (a) Definitions. As used in this DATES: Comments are due no later than section, designated representative July 26, 2017. V. Public Participation and Request for means a Coast Guard Patrol ADDRESSES: The proposed rule is posted Comments Commander, including a Coast Guard on the agency’s Web site (www.loc.gov/ We view public participation as petty officer, warrant or commissioned crb) and at Regulations.gov essential to effective rulemaking, and officer on board a Coast Guard vessel (www.regulations.gov). Interested will consider all comments and material and or on board another Federal, State, parties may submit comments via the received during the comment period. or local law enforcement vessel assisting Copyright Royalty Board’s electronic Your comment can help shape the the Captain of the Port, Delaware Bay filing system, eCRB, at https:// outcome of this rulemaking. If you with enforcement of the safety zone. app.crb.gov. Commenters must register submit a comment, please include the (b) Location. The following area is a to use the system prior to filing docket number for this rulemaking, safety zone: All the waters of Beach comments. Those who choose not to indicate the specific section of this Thorofare within a 600 foot radius of the submit comments electronically should document to which each comment fireworks launch platform in see How to Submit Comments in the

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SUPPLEMENTARY INFORMATION section on those proposals, or welcome Dated: June 21, 2017. below for online and physical addresses alternative suggestions the Judges might Suzanne M. Barnett, and further instructions. adopt to address those perceived Chief Copyright Royalty Judge. FOR FURTHER INFORMATION CONTACT: shortfalls, including the pros and cons [FR Doc. 2017–13277 Filed 6–23–17; 8:45 am] Anita Blaine, Program Specialist, at of choosing any proposed alternative BILLING CODE 1410–72–P (202) 707–7658 or [email protected]. approach. In light of some of the SUPPLEMENTARY INFORMATION: On April negative comments, the Judges also seek 20, 2017, the Copyright Royalty Judges comment on whether, on balance, the ENVIRONMENTAL PROTECTION (Judges) published a notice in the remedies currently available to the AGENCY Federal Register seeking comments on a Judges for addressing ethical lapses of proposed rule that would authorize the participants and counsel are adequate or 40 CFR Part 52 preferable to the remedial rule the Judges to bar, either temporarily or [EPA–R05–OAR–2016–0760; FRL–9963– permanently, certain individuals and Judges proposed. In particular, the 69 Region 5] entities from participating in Judges seek detailed comments proceedings before the Judges.1 In regarding the incidents to which the Approval and Promulgation of Air response to the notice, the Judges Judges referredin the notice proposing Quality Implementation Plans; Indiana; received five comments, including two the provision (or others that CFR Update joint comments, from people and commenters are aware of to which the AGENCY: Environmental Protection entities that regularly participate in Judges did not refer) and how remedies Agency (EPA). proceedings before the Judges.2 The currently available were used to address comments and the proposal are those incidents and whether or not the ACTION: Proposed rule. available on the CRB Web site and in extant remedies (e.g., discovery SUMMARY: The Environmental Protection eCRB. sanctions or loss of the presumption of validity regarding claims) adequately Agency (EPA) is proposing to approve a While some of the comments were request submitted by the Indiana supportive of the proposal or certain addressed those incidents or whether gaps in the current remedial framework Department of Environmental aspects of it, others were critical and Management on December 13, 2016, to raised a number of issues with the might lead to future incidents that could compromise public confidence in the revise the Indiana state implementation proposal, including the scope of the plan (SIP). The submission revises and CRB ratemaking and royalty distribution proposal, potential abuses of the updates the Indiana Administrative system. proposed provisions, the Code definition of ‘‘References to the Constitutionality of some of the Solicitation of Comments Code of Federal Regulations,’’ from the proposed provisions, and whether the 2013 edition to the 2015 edition. proposal is even necessary. The Judges The Judges seek reply comments on seek reply comments responding DATES: Comments must be received on the proposed new rule that respond to or before July 26, 2017. directly to issues that commenters comments that the Judges received in ADDRESSES: raised regarding the proposal. While the response to the initial notice of Submit your comments, Judges will review and consider all proposed rulemaking. identified by Docket ID No. EPA–R05– comments they receive on the proposal, OAR–2016–0760 at https:// they request that commenters limit their How To Submit Comments www.regulations.gov or via email to comments at this point to issues that [email protected]. For comments Interested members of the public must other commenters raised in the initial submitted at Regulations.gov, follow the submit comments to only one of the round of comments, including ways to online instructions for submitting following addresses. If not submitting address criticisms that some comments. Once submitted, comments online, commenters must submit an commenters raised with respect to the cannot be edited or removed from original of their comments, five paper proposal. Some commenters that Regulations.gov. For either manner of copies, and an electronic version in criticized the proposal suggested submission, EPA may publish any searchable PDF format on a CD. alternative language that might remedy comment received to its public docket. perceived shortfalls in the Judges’ Online: https://app.crb.gov or http:// Do not submit electronically any proposal. The Judges request comments www.regulations.gov; or information you consider to be U.S. mail: Copyright Royalty Board, Confidential Business Information (CBI) 1 82 FR 18601. P.O. Box 70977, Washington, DC 20024– or other information whose disclosure is 2 The Judges received a joint comment from a 0977; or Overnight service (only USPS restricted by statute. Multimedia group referring to itself as ‘‘The Allocation Phase submissions (audio, video, etc.) must be Parties,’’ which are Program Suppliers, Joint Sports Express Mail is acceptable): Copyright Claimants, Commercial Television Claimants, Royalty Board, P.O. Box 70977, accompanied by a written comment. Public Broadcasting Service, Settling Devotional Washington, DC 20024–0977; or The written comment is considered the Claimants, Canadian Claimants Group, and official comment and should include National Public Radio. The Judges also received a Commercial courier: Address package discussion of all points you wish to joint comment from a group referring to itself as to: Copyright Royalty Board, Library of make. EPA will generally not consider Music Community Participants, which are Congress, James Madison Memorial SoundExchange, Inc., the Recording Industry comments or comment contents located Association of America, Inc., the American Building, LM–403, 101 Independence outside of the primary submission (i.e. Association of Independent Music, the American Avenue SE., Washington, DC 20559– on the web, cloud, or other file sharing Federation of Musicians of the United States and 6000. Deliver to: Congressional Courier system). For additional submission Canada, the Screen Actors Guild—American Acceptance Site, 2nd Street NE., and D Federation of Television and Radio Artists, the methods, please contact the person Alliance of Artists and Recording Companies, Inc., Street NE., Washington, DC; or identified in the FOR FURTHER and the National Music Publishers’ Association. Hand delivery: Library of Congress, INFORMATION CONTACT section. For the The Judges also received comments from Raul Galaz James Madison Memorial Building, LM– and from Worldwide Subsidy Group, LLC, dba full EPA public comment policy, Independent Producers Group. The Judges also 401, 101 Independence Avenue SE., information about CBI or multimedia received a comment from David Powell. Washington, DC 20559–6000. submissions, and general guidance on

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making effective comments, please visit Atmospheric Administration (NOAA), mammals/dolphins/indo-pacific- https://www2.epa.gov/dockets/ Commerce. humpback-dolphin.html. You may also commenting-epa-dockets. ACTION: Proposed rule; request for receive a copy by submitting a request FOR FURTHER INFORMATION CONTACT: comments. to the Office of Protected Resources, Charles Hatten, Environmental NMFS, 1315 East-West Highway, Silver Engineer, Control Strategies Section, Air SUMMARY: We, NMFS, have completed a Spring, MD 20910, Attention: Programs Branch (AR–18J), comprehensive status review under the Taiwanese humpback dolphin proposed Environmental Protection Agency, Endangered Species Act (ESA) for the rule. Region 5, 77 West Jackson Boulevard, Taiwanese humpack dolphin (Sousa FOR FURTHER INFORMATION CONTACT: Chicago, Illinois 60604, (312) 886–6031, chinensis taiwanensis) in response to a Chelsey Young, NMFS, Office of [email protected]. petition from Animal Welfare Institute, Protected Resources, (301) 427–8403. Center for Biological Diversity, and SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: In the WildEarth Guardians to list the species. Final Rules section of this Federal Based on the best scientific and Background Register, EPA is approving the Indiana’s commercial information available, On March 9, 2016, we received a SIP submittal as a direct final rule including the draft status review report petition from the Animal Welfare without prior proposal because the (Whittaker and Young, 2017), and taking Institute, Center for Biological Diversity Agency views this as a noncontroversial into consideration insufficient efforts and WildEarth Guardians to list the submittal and anticipates no adverse being made to protect the species, we Taiwanese humpback dolphin (S. comments. A detailed rationale for the have determined that the Taiwanese chinensis taiwanensis) as threatened or approval is set forth in the direct final humpback dolphin has a high risk of endangered under the ESA throughout rule. If no adverse comments are extinction throughout its range and its range. This population of humpback received in response to this rule, no warrants listing as an endangered dolphin was previously considered for further activity is contemplated. If EPA species. receives adverse comments, the direct ESA listing as the Eastern Taiwan Strait final rule will be withdrawn and all DATES: Comments on this proposed rule distinct population segment (DPS) of the public comments received will be must be received by August 25, 2017. Indo-Pacific humpback dolphin (Sousa addressed in a subsequent final rule Public hearing requests must be chinensis); however, we determined that based on this proposed rule. requested by August 10, 2017. the population was not eligible for EPA will not institute a second ADDRESSES: You may submit comments listing as a DPS in our 12-month finding comment period. Any parties interested on this document, identified by NOAA– (79 FR 74954; December 16, 2014) in commenting on this action should do NMFS–2016–0041, by either of the because it did not meet all the necessary so at this time. Please note that if EPA following methods: criteria under the DPS Policy (61 FR receives adverse comment on an • Electronic Submissions: Submit all 4722; February 7, 1996). Specifically, amendment, paragraph, or section of electronic comments via the Federal we determined that while the Eastern this rule, and if that provision may be eRulemaking Portal. Go to Taiwan Strait population was severed from the remainder of the rule, www.regulations.gov/#!docketDetail;D= ‘‘discrete,’’ the population did not EPA may adopt as final those provisions NOAA-NMFS-2016-0041, click the qualify as ‘‘significant.’’ The second of the rule that are not the subject of an ‘‘Comment Now!’’ icon, complete the petition asserted that new scientific and adverse comment. For additional required fields, and enter or attach your taxonomic information demonstrates information, see the direct final rule comments. that the Taiwanese humpback dolphin which is located in the Rules section of • Mail: Submit written comments to is actually a subspecies, and stated that this Federal Register. Chelsey Young, NMFS Office of NMFS must reconsider the subspecies Dated: June 1, 2017. Protected Resources (F/PR3), 1315 East for ESA listing. On May 12, 2016, we West Highway, Silver Spring, MD published a positive 90-day finding for Robert A. Kaplan, 20910, USA. Attention: Taiwanese the Taiwanese humpback dolphin (81 Acting Regional Administrator, Region 5. humpback dolphin proposed rule. FR 29515), announcing that the petition [FR Doc. 2017–13193 Filed 6–23–17; 8:45 am] Instructions: Comments sent by any presented substantial scientific or BILLING CODE 6560–50–P other method, to any other address or commercial information indicating the individual, or received after the end of petitioned action of listing the the comment period, may not be subspecies may be warranted, and DEPARTMENT OF COMMERCE considered by NMFS. All comments explaining the basis for those findings. received are a part of the public record We also announced the initiation of a National Oceanic and Atmospheric and will generally be posted for public status review of the subspecies, as Administration viewing on www.regulations.gov required by section 4(b)(3)(A) of the without change. All personal identifying ESA, and requested information to 50 CFR Part 224 information (e.g., name, address, etc.), inform the agency’s decision on whether confidential business information, or the species warranted listing as [Docket No. 160413329–7546–02] otherwise sensitive information endangered or threatened under the submitted voluntarily by the sender will ESA. RIN 0648–XE571 be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ Listing Species Under the Endangered Endangered and Threatened Wildlife Species Act and Plants; Proposed Endangered A’’ in the required fields if you wish to Listing Determination for the remain anonymous). We are responsible for determining Taiwanese Humpback Dolphin Under You can find the petition, status whether species are threatened or the Endangered Species Act (ESA) review report, Federal Register notices, endangered under the ESA (16 U.S.C. and the list of references electronically 1531 et seq.). To make this AGENCY: National Marine Fisheries on our Web site at http:// determination, we first consider Service (NMFS), National Oceanic and www.fisheries.noaa.gov/pr/species/ whether a group of organisms

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constitutes a ‘‘species’’ under section 3 Status Review Indo-Pacific humpback dolphin (Sousa of the ESA, then whether the status of The status review for the Taiwanese chinensis; Wang et al., 2015). Sousa the species qualifies it for listing as humpback dolphin was completed by chinensis is a broadly distributed either threatened or endangered. Section NMFS staff from the Office of Protected species within the family Delphinidae 3 of the ESA defines species to include Resources. To complete the status and order Cetartiodactyla, whereas the ‘‘any subspecies of fish or wildlife or review, we compiled the best available Taiwanese subspecies occurs in a plants, and any distinct population data and information on the subspecies’ restricted area of shallow waters off the segment of any species of vertebrate fish biology, ecology, life history, threats, western coast of Taiwan. The subspecies or wildlife which interbreeds when and conservation status by examining of Sousa chinensis occurring in the mature.’’ On February 7, 1996, NMFS the petition and cited references, and by Eastern Taiwan Strait—Sousa chinensis and the U.S. Fish and Wildlife Service conducting a comprehensive literature taiwanensis (herein referred to as the (USFWS; together, the Services) adopted search and review. We also considered Taiwanese humpback dolphin) was first a policy describing what constitutes a information submitted to us in response described in 2002 during an exploratory DPS of a taxonomic species (61 FR to our petition finding. The draft status survey of coastal waters off western 4722). The joint DPS policy identified review report was subjected to Taiwan (Wang et al., 2004b). Prior to two elements that must be considered independent peer review as required by coastal surveys, there were few records mentioning the species in this region, when identifying a DPS: (1) The the Office of Management and Budget save two strandings, a few photographs, discreteness of the population segment Final Information Quality Bulletin for and anecdotal reports (Wang, 2004). in relation to the remainder of the Peer Review (M–05–03; December 16, Since the first survey in 2002, species (or subspecies) to which it 2004). The draft status review report was peer reviewed by three independent researchers have confirmed their year- belongs; and (2) the significance of the round presence in the Eastern Taiwan population segment to the remainder of specialists selected from the academic and scientific community, with Strait (Wang and Yang, 2011). the species (or subspecies) to which it In terms of distinctive physical belongs. expertise in cetacean biology, conservation and management, and characteristics, the Indo-Pacific Section 3 of the ESA defines an specific knowledge of the Taiwanese humpback dolphin is generally easy to endangered species as ‘‘any species humpback dolphin. The peer reviewers distinguish from other dolphin species which is in danger of extinction were asked to evaluate the adequacy, in its range. In general, the Indo-Pacific throughout all or a significant portion of appropriateness, and application of data humpback dolphin is medium-sized, up its range’’ and a threatened species as used in the draft status review report as to 2.8 m in length, and weighs 250–280 one ‘‘which is likely to become an well as the findings made in the kg (Ross et al., 1994). It is characterized endangered species within the ‘‘Assessment of Extinction Risk’’ section by a robust body, long distinct beak, foreseeable future throughout all or a of the report. All peer reviewer short dorsal fin atop a wide dorsal significant portion of its range.’’ Thus, comments were addressed prior to hump, and round-tipped broad flippers in the context of the ESA, the Services finalizing the draft status review report. and flukes (Jefferson and Karczmarski, interpret an ‘‘endangered species’’ to be We subsequently reviewed the status 2001). The base of the fin measures 5– one that is presently at risk of review report, and its cited references, 10 percent of the body length, and extinction. A ‘‘threatened species,’’ on and we believe the status review report, slopes gradually into the surface of the the other hand, is not currently at risk upon which this proposed rule is based, body; this differs from individuals in of extinction, but is likely to become so provides the best available scientific the western portion of the range, which in the foreseeable future. In other words, and commercial information on the have a larger hump that comprises about a key statutory difference between a Taiwanese humpback dolphin. Much of 30 percent of body width, and forms the threatened and endangered species is the information discussed below on the base of an even smaller dorsal fin (Ross et al., 1994). the timing of when a species may be in dolphin’s biology, distribution, When young, humpback dolphins abundance, threats, and extinction risk danger of extinction, either now appear dark grey with no or few light- is attributable to the status review (endangered) or in the foreseeable future colored spots, and transform to mostly report. However, we have (threatened). The statute also requires us white (appearing pinkish) as dark spots independently applied the statutory to determine whether any species is decrease with age. However, the provisions of the ESA, including endangered or threatened as a result of developmental transformation of evaluation of the factors set forth in any of the following five factors: the pigment differs between Taiwanese and present or threatened destruction, section 4(a)(1)(A)-(E), our regulations Chinese humpback dolphin modification, or curtailment of its regarding listing determinations, and populations, and the spotting intensity habitat or range; overutilization for our DPS policy in making the 12-month on the dorsal fin of the Taiwanese commercial, recreational, scientific, or finding determination. The draft status population is significantly greater than educational purposes; disease or review report (cited as Whittaker and that in other nearby populations in the predation; the inadequacy of existing Young 2017) is available on our Web Pearl River estuary (PRE) or Jiulong regulatory mechanisms; or other natural site (see ADDRESSES section). In the River estuaries of the Chinese mainland or manmade factors affecting its sections below, we provide information (Wang et al., 2008). In fact, Wang et al. continued existence (ESA, section from the report regarding threats to and (2008) concluded that these differences 4(a)(1)(A)–(E)). Section 4(b)(1)(A) of the the status of the Taiwanese humpback in pigmentation can be used to reliably ESA requires us to make listing dolphin. distinguish the Taiwanese humpback determinations based solely on the best Description, Life History, and Ecology dolphin from other nearby populations, scientific and commercial data available of the Petitioned Species and Wang et al. (2015) further after conducting a review of the status confirmed that Taiwanese humpback of the species and after taking into Species Description dolphins were ‘‘clearly diagnosable account efforts being made by any State The Taiwanese humpback dolphin from those of mainland China under the or foreign nation or political subdivision (Sousa chinensis taiwanensis) is a most commonly accepted 75 percent thereof to protect the species. recently recognized subspecies of the rule for subspecies delimitation, with 94

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percent of one group being separable humpback dolphin is thought to be (Wang et al., 2016). While the from 99 percent of the other.’’ Based on geographically isolated from mainland subspecies does not seem to show the this information, as well as additional Chinese populations, with water depth same attraction to fishing vessels as the evidence of geographical isolation and being the primary factor dictating their nearby Pearl River estuary (PRE) behavioral differences, the authors separation. The Taiwan Strait is 140– population, some evidence (e.g., net concluded that the Taiwanese 200 km wide, and consists of large entanglements and observations of humpback dolphin qualifies as a expanses of water 50–70 m deep (the individuals feeding around and behind subspecies, and revised the taxonomy of Wuchi and Kuanyin depressions). set gillnets and trawl nets, respectively) Sousa chinensis to include two Despite extensive surveys, Taiwanese indicate that Taiwanese humpback subspecies: The Taiwanese humpback humpback dolphins have never been dolphins may opportunistically feed in dolphin (S. chinensis taiwanensis) and observed in water deeper than 30 m. As proximity to deployed fishing gear the Chinese humpback dolphin (S. noted previously, the majority of (Slooten et al., 2013; Wang et al., 2016). chinensis chinensis) (Wang et al., 2015). sightings have been made in waters less As is common to the species as a whole, Because of the new information as than 20 m deep, but individuals have the Taiwanese subspecies uses presented in Wang et al. (2015), the been known to cross deep (>30 m) echolocation and passive listening to Taxonomy Committee of the Society for shipping channels in inshore waters find its prey. Marine Mammalogy officially revised its that have been dredged (Dares et al., Reproduction and Growth list of marine mammal taxonomy to 2014). Thus, deep water is thought to be recognize the Taiwanese humpback the specific barrier limiting exchange Little is known about the life history dolphin as a subspecies (Committee on with Chinese mainland populations and reproduction of the Taiwanese Taxonomy, 2016). (Jefferson and Karczmarski, 2001). humpback dolphin, and estimating life Sousa species in general have limited history parameters for the subspecies Range, Distribution and Habitat Use mobility, and restriction to shallow, has proven difficult due to the lack of The Taiwanese humpback dolphin near-shore estuarine habitats is a carcasses available for study (Wang et has a very restricted range, residing in significant barrier to movement al., 2016). A recent analysis of life the shallow coastal waters of central (Karczmarski et al., 1997; Hung and history patterns for individuals in the western Taiwan throughout the year Jefferson, 2004). Thus, confirmed PRE population may offer an (Wang et al., 2007a; Wang et al., 2016), present habitat constitutes a narrow appropriate proxy for understanding life with no evidence of seasonal region along the coast, which is affected history of the Taiwanese humpback movements (Wang and Yang, 2011; by high human population density and dolphin, as the PRE population Wang et al., 2016). Although the total extensive industrial development (Ross similarly inhabits estuarine and distribution of the dolphin covers et al., 2010; Karczmarski et al., 2016; freshwater-influenced environments approximately 750 km2, the subspecies’ Wang et al., 2016). affected by comparable threats of core distribution encompasses Overall, water depth and the pollution, as well as industrial approximately 512 km2 of coastal subspecies’ need for access to inshore, development and fishing activity waters, from estuarine waters of the estuarine waters, as well as the (Jefferson et al., 2012). Additionally, life Houlong and Jhonggang rivers in the estuarine distribution of prey species, history traits of the PRE population are north, to waters of Waishanding Jhou to are likely the main factors underpinning similar to the South African population, the south (Wang et al., 2016). This habitat use and distribution of suggesting that some general equates to a linear distance of Taiwanese humpback dolphins (Dares et assumptions of productivity can be approximately 170 km. However, the al., 2014; Wang et al., 2016). The input gathered, even on the genus-level main concentration of the population of freshwater to the habitat is thought to (Jefferson and Karczmarski, 2001; occurs between the Tongsaio River be important in sustaining estuarine Jefferson et al., 2012). However, it estuary and Taisi, which encompasses productivity, and thus supporting the should be noted that environmental the estuaries of the Dadu and Jhushuei availability of prey for the dolphin factors (e.g., food availability, habitat rivers, the two largest river systems in (Jefferson, 2000). Across the Taiwanese status) may affect important rates of western Taiwan (Wang et al., 2007a). humpback dolphin habitat, bottom reproduction and generation time in Typically, the Taiwanese humpback substrate consists of soft sloping muddy different populations, and thus dolphin is found within 3 km from the sediment with elevated nutrient inputs comparisons should be regarded with shore (Dares et al., 2014; Wang et al., primarily influenced by river deposition some caution. 2016). (Sheehy, 2010). These nutrient inputs Maximum longevity for PRE and Rarely, individuals have been sighted support high primary production, which South African populations is 39 and 40 and strandings have occurred in near- fuels upper trophic levels contributing years, respectively (Jefferson et al., shore habitat to the north and south of to the dolphin’s source of food. Thus, 2012; Jefferson and Karcsmarski, 2001); its current confirmed habitat; some of the characteristics defining distribution therefore, we assume that the Taiwanese these incidents are viewed as evidence and habitat use of the Taiwanese humpback dolphin experiences a that the historical range of the humpback dolphin are similar to those similar life expectancy. Likewise, we population extended farther than its of other humpback dolphin populations also expect the Taiwanese humpback current range (Dungan et al., 2011). (Dares et al., 2014). dolphin to have an age at sexual However, two specific anomalous maturity for females similar to that for sightings are considered incidences of Diet and Feeding the PRE and South African populations vagrancy, involving sick or dying Information on this Taiwanese (12–14 years). In general, it has been animals. All but two sightings have humpback dolphin’s foraging behavior assumed that the Taiwanese subspecies occurred in shallow water, less than 20 and specific diet is limited, but the experiences long calving intervals, m, and as shallow as 1.5 m. The only dolphins seem to have an opportunistic between 3 and 5 years (Jefferson et al., two sightings that occurred in water diet comprised primarily of estuarine 2012). A recent study on the deeper than 20 m occurred in habitat fish (e.g., sciaenids, mugilids, congrids, reproductive parameters of the where dredging had occurred (Wang et clupeoids), and either do not or rarely Taiwanese humpback dolphin al., 2007b). In fact, the Taiwanese feed on cephalopods and crustaceans confirmed this assumption, and

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estimated the mean calving interval et al., 2016). This high social cohesion individuals that can be removed from a (defined as the period between the is most likely related to cooperative calf population without depleting it (Wade, estimated birth months of two rearing, wherein raising offspring with 1998), was conducted to assess the successive calves) to be 3.26 years ± SD the assistance of peers or kin can sustainability and stability of the 1.23 years (Chang et al., 2016). increase offspring survivorship and Taiwanese humpback dolphin in the However, it is important to note that the thereby increase the fitness of the face of present threats, and their results of this study are based on only population (Dungan et al., 2016). This projected future trends (Slooten et al., 4 years of data; therefore, females with behavior is thought to be an adaptive 2013). Using the most current potentially longer calving intervals response to the dolphin’s degraded, abundance estimate, and assuming that would not have been observed or geographically restricted environment the Taiwanese humpback dolphin recorded. Taiwanese humpback dolphin (which makes it difficult for mothers to population is a closed and discrete births occur throughout the year, but support offspring on their own), and to population based on information decrease in late summer and through their small population size (which has provided in Wang et al. (2012), Slooten mid-winter, with 69 percent of the likely increased the relatedness of et al. (2013) assessed the number of estimated months of birth occurring in individuals) (Dungan, 2011). Calves and individuals in the population that may spring and summer (Chang et al., 2016). their inferred mothers seem to have be lost due to occurrences other than In terms of survival, between 1 and 3 central positions in the social network, natural mortality and still allow for calves survive annually to the age of 1- which suggests that mother-calf pairs population stability and recovery. The year (mean = 2.75), with survival of may be the key underlying factor for authors calculated that a sustainable calves declining across the initial 3 overall network structure (Dungan et al., population could withstand no more years of life, from 0.778 (at 6 months) 2016). Given the subspecies’ unique than one human-caused dolphin death to 0.667 (at 1 year), and from 0.573 to cohesive social network, persisting every 7 to 7.6 years. Thus, even a single 0.563 at ages of 2 and 3 years, associations, and the reliance on human-caused mortality per year would respectively (Chang et al., 2016). Chang cooperative rearing behaviors of mother- exceed the PBR by a factor of seven et al. (2016) hypothesized that the calf groups for reproductive fitness and (Slooten et al., 2013). Their assessment relatively low calf survival observed in survival, disruption of these social took into account all non-natural the Taiwanese humpback dolphin patterns could have significant mortality including fishing, pollution, population is more likely due to ramifications regarding the dolphin’s vessel strikes, habitat destruction, and anthropogenic factors (e.g., fisheries ability to reproduce as well as calf other human activities, and determined interactions and habitat destruction) survivorship (Dungan et al., 2016), that current removal of individuals from than natural causes. Overall, the which is already reportedly low (Chang the population exceeds the PBR Taiwanese humpback dolphin is likely et al., 2016). necessary for population stability which long-lived, slow to mature, and has low Population Abundance and Trends would prevent decline, support natural recruitment rates and long calving population growth, and allow for There are only two formal estimates of intervals. These life history parameters improved status (Slooten et al., 2013). abundance for the Taiwanese humpback indicate slow population growth, which Given the population’s mortality rate of dolphin. The first study estimated a contributes to a limited capacity for the 1.5 percent (Wang et al., 2012), current population size of 99 individuals subspecies to exhibit resilience to rates of population decline are likely (coefficient of variation (CV) = 52 anthropogenic stressors (Chang et al., unsustainable. 2016). percent, 95 percent confidence interval (CI) = 37–266) based on surveys that An extremely low population size Population Structure used line transects to count animals estimate (fewer than 100 individuals) is No genetic data exist for the from 2002 to 2004 (Wang et al., 2007b). well supported by current available Taiwanese humpback dolphin; A new estimate of population data, and recent population viability therefore, the genetic connectivity abundance with data collected between analyses (PVAs) suggest that the within the population cannot be directly 2007 and 2010 using mark-recapture population is declining due to the assessed. However, in such a small methods of photo identification allowed synergistic effects of habitat degradation population, social behavior and habitat for higher-precision measurements and detrimental fishing interactions connectivity may provide clues to the (Wang et al., 2012). Yearly population (Arau´ jo et al., 2014; Huang et al., 2014). connectivity of the population as a estimates from this study ranged from Arau´ jo et al. (2014) modeled population whole. In general, humpback dolphin 54 to 74 individuals in 2009 and 2010, trajectory over 100 years using (Sousa spp.) populations are known for respectively (CV varied from 4 percent demographic factors alongside different having generally weak, fluctuating to 13 percent); these estimates were 25 levels of mortality attributed to bycatch, associations in ‘fission-fusion’ societies to 45 percent lower than those from and loss of carrying capacity due to (i.e., social groups that change in size 2002–2004 (Wang et al., 2012). Carrying habitat loss/degradation. The model and composition as time passes and capacity for the Taiwanese humpback predicted a high probability of ongoing individuals move throughout the dolphin has been estimated at 250 population decline under all scenarios. environment; Dungan, 2016; Wang et individuals (which was set higher than For instance, population size was al., 2016; Dungan, 2012; Jefferson, the highest point estimate abundance predicted to be smaller than the initial 2000). However, a recent study of from Wang et al. (2012)), as extrapolated size in more than 76 percent of all association patterns in Taiwanese from the mean density estimate for the model runs, with the final population humpback dolphins found that the population (Arau´ jo et al., 2014); this size predicted to be <1 individual (i.e., Taiwanese subspecies exhibits stronger, estimate suggests that the population extinction) in 66 percent of all model persistent relationships among abundance has been reduced from runs (Arau´ jo et al., 2014). Another PVA individuals, particularly among cohorts historical levels. was performed by using an individual- of mother-calf pairs (Dungan et al., An analysis of potential biological based model to account for parametric 2016), with a unique level of stability in removal (PBR), which, under the Marine uncertainty and demographic the population compared to other Mammal Protection Act (MMPA), is a stochasticity (Huang et al., 2014). humpback dolphin populations (Wang measure of the maximum number of Although this model showed wide

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variation in population growth dolphin, availability of data, and types below) and used to determine an overall estimates (ranging from a significant of threats, we determined that a risk of extinction for the Taiwanese decline of ¥0.113 to a moderate reasonable foreseeable future should humpback dolphin. Thus, scientific increase of 0.0317), the end result for extend out several decades (>50 years). conclusions about the overall risk of the subspecies was still an overall The foreseeable future timeframe is also extinction faced by the Taiwanese decline, with 69.4 percent of a function of the reliability of available humpback dolphin under present simulations predicting a population data regarding the identified threats and conditions and in the foreseeable future decline of greater than 25 percent extends only as far as the data allow for are based on our evaluation of the within one generation (i.e., 22 years) making reasonable predictions about the subspecies’ demographic risks and and the majority of simulations (54 species’ response to those threats. Given section 4(a)(1) threat factors. Our percent) predicting local extinction the Taiwanese humpback dolphin’s life assessment of overall extinction risk within 100 years (Huang et al., 2014). history traits, including longevity considered the likelihood and Overall, although the two PVA studies estimated to be upwards of 40 years, contribution of each particular factor, differed in their findings with regard to estimated maturity range of 12–14 years, synergies among contributing factors, the relative importance of bycatch and low reproductive rates and long calving and the cumulative impact of all habitat loss threats, both assessments intervals of >3 years, it would likely demographic risks and threats on the concluded that the subspecies is in take more than a few decades (i.e., subspecies. serious danger of going extinct (Wang et multiple generations) for any Section 4(b)(1)(A) of the ESA requires al., 2016). Ultimately, strong evidence management actions to be realized and the Secretary, when making a listing suggests that the Taiwanese humpback reflected in population abundance determination for a species, to take into dolphin population size is critically indices. Similarly, the impact of present consideration those efforts, if any, being small, and rates of decline are high and threats to the subspecies could be made by any State or foreign nation, or likely unsustainable. Further, it is clear realized in the form of noticeable any political subdivision of a State or that loss of only a single individual population declines within this time foreign nation, to protect the species. within the population per year would frame, as demonstrated by the very low Therefore, prior to making a listing substantially reduce population growth PBR estimate for the dolphin and determination, we also assess such rate and is thus unsustainable (Dungan current mortality rate of 1.5 percent. As protective efforts to determine if they et al., 2011, Slooten et al., 2013) the main operative threats to the are adequate to mitigate the existing Assessment of Extinction Risk subspecies include habitat destruction threats. and entanglement in fishing gear, this The ESA (section 3) defines an Evaluation of Demographic Risks time frame would allow for reliable endangered species as ‘‘any species Abundance which is in danger of extinction predictions regarding the impact of throughout all or a significant portion of current levels of fishery-related We identified the critically low its range.’’ A threatened species is mortality and the previously discussed population abundance of the Taiwanese defined as ‘‘any species which is likely impacts of habitat destruction as a result humpback dolphin as the demographic to become an endangered species within of land reclamation and other activities factor contributing most heavily to the the foreseeable future throughout all or on the biological status of the Taiwanese subspecies’ risk of extinction. With a significant portion of its range.’’ humpback dolphin. fewer than 100 individuals and low Neither we nor the USFWS have In determining the extinction risk of productivity, even a single human- developed formal policy guidance about a species (and in this case, a caused mortality per year is expected to how to interpret the definitions of subspecies), it is important to consider negatively impact the subspecies’ threatened and endangered with respect both the demographic risks facing the continued viability. For example, to what it means to be ‘‘in danger of species as well as current and potential current annual mortality is estimated at extinction.’’ We consider the best threats that may affect the species’ 1.5 percent (Wang et al., 2012) and available information and apply status. To this end, a demographic risk recent PVAs, which model future professional judgment in evaluating the analysis was conducted for the scenarios taking into account increasing level of risk faced by a species in Taiwanese humpback dolphin. A threats of fishing and habitat loss, deciding whether the species is demographic risk analysis is an confirm the unsustainable decline of the threatened or endangered. We evaluate assessment of the manifestation of past population (Arau´ jo et al., 2014; Huang demographic risks, such as low threats that have contributed to the and Karczmarski, 2014; Huang et al., abundance and productivity, and threats species’ current status and informs the 2014). In fact, both available PVA to the species, including those related to consideration of the biological response assessments conclude that the the factors specified in ESA section of the species to present and future subspecies is in danger of going extinct 4(a)(1)(A)–(E). threats. This analysis evaluated the (Wang et al., 2016). Overall, the small For purposes of assessing extinction population viability characteristics and and declining population size of the risk for the Taiwanese humpback trends available for the dolphin, such as Taiwanese humpback dolphin dolphin, we reviewed the best available abundance, growth rate/productivity, contributes to a high risk of extinction, information on the species and spatial structure and connectivity, and which is compounded by a variety of evaluated the overall risk of extinction diversity, to determine the potential ongoing threats to the population and its facing the Taiwanese humpback risks these demographic factors pose to habitat. dolphin, now and in the foreseeable the subspecies. The information from future. The term ‘‘foreseeable future’’ this demographic risk analysis was Growth Rate/Productivity was discussed qualitatively in the status considered alongside the information The Taiwanese humpback dolphin is review report and defined as the previously presented on threats to the associated with a slow rate of timeframe over which threats could be subspecies, including those related to reproduction, long calving intervals, projected with a reasonable amount of the factors specified by the ESA section low recruitment rates and a long period confidence. After considering the life 4(a)(1)(A)–(E) (and summarized in a of female-calf association. A recent history of the Taiwanese humpback separate Threats Assessment section study on the reproductive parameters of

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the Taiwanese humpback dolphin As previously discussed, the high not supported by current environmental indicates low calf survival rate and social cohesion observed in the or behavioral mechanisms. Low fecundity (Chang et al., 2016). For the Taiwanese humpback dolphin is most diversity may contribute to low capacity Taiwanese humpback dolphin, low likely related to cooperative calf rearing; for the population to adapt to changes fecundity is likely caused by current this behavior is thought to be an in the marine environment projected in threats of habitat contamination, stress, adaptive response to the dolphin’s future climate scenarios. The and prey disruption (Chang et al., 2016). degraded, geographically restricted combination of low diversity and small As such, ongoing exposure to pollution environment (which makes it difficult population size most likely increases and stress derived from interactions for mothers to support offspring on their the population’s vulnerability to current with anthropogenic activity may act to own), and to their small population size and increasing threats. Insufficient data further reduce reproductive rates of this (which has likely increased the are available to directly determine the subspecies in the future. Trends of relatedness of individuals) (Dungan, effect of small population size on the decreasing reproductive rate are likely 2011). The social structure of this small genetic diversity of the population. to prevent the population’s adaptability population may be disrupted by several However, although insufficient data are to stress and impede its ability to factors. For instance, damming of available, evidence from abundance and increase population levels, even if freshwater input or construction and social structure suggest that diversity is mitigation efforts are made to address land reclamation preventing the transit likely low, and may contribute other threats such as bycatch and of individuals across its near shore moderately to the extinction risk of the habitat destruction. Overall, the range may lead to genetic and social subspecies. Taiwanese humpback dolphin’s fragmentation. Currently, the direct Summary of Factors Affecting the reproductive rate may be expected to impact of habitat alteration on the Taiwanese Humpback Dolphin decrease over time without efforts to genetic and social connectivity of the mitigate habitat contamination and Taiwanese humpback dolphin is based As described above, section 4(a)(1) of stress due to anthropogenic activity on limited data. Disruption of social the ESA and NMFS’ implementing occurring throughout the population’s structure through mortality or habitat regulations (50 CFR 424.11(c)) state that range. For the Taiwanese humpback fragmentation may hinder the transfer of we must determine whether a species dolphin, a low rate of reproduction and information and destabilize the (or in this case, a subspecies) is fecundity now, and likely reductions in community structure that aids in the endangered or threatened because of those rates in the future, contribute to a adaptability of the small population in any one or a combination of the high risk of extinction. the future. Current threats to habitat, following factors: The present or fishing entanglement, and direct threatened destruction, modification, or Spatial Structure/Connectivity mortality continue to increase, and may curtailment of its habitat or range; As previously discussed, genetic data disrupt the social stability and physical overutilization for commercial, are not available for the Taiwanese connectivity among individuals of the recreational, scientific, or educational humpback dolphin; therefore, the subspecies, particularly through the purposes; disease or predation; the genetic connectivity within the deaths of breeding females. However, inadequacy of existing regulatory population cannot be directly assessed. the extent to which these effects directly mechanisms; or other natural or In such a small population, however, impact the connectivity of the small and manmade factors affecting its continued social behavior and habitat connectivity isolated population remains uncertain. existence. We evaluated whether and may provide clues to the connectivity of Based on the narrow habitat range and the extent to which each of the the population as a whole. For the isolated nature of the population, with foregoing factors contributed to the Taiwanese humpback dolphin, habitat high within-population connectivity, overall extinction risk of the Taiwanese includes a very narrow strip of near continued alteration and fragmentation humpback dolphin. We summarize shore waters. Analysis of social of this connectivity due to increasingly information regarding each of these behavior of the population has revealed constricted habitat may hinder its future threats below according to the factors significant and high levels of ability to adapt to threats, and, specified in section 4(a)(1) of the ESA. interconnectedness and gregarious therefore, contributes moderately to the The best available information indicates behavior across this habitat range subspecies’ risk of extinction. that habitat destruction, modification, or (Dungan, 2011; Dungan et al., 2016). curtailment of the subspecies’ habitat or The population is not subdivided into Diversity range (e.g., land reclamation, fresh water smaller social groups, as is the case for While data do not exist to address the diversion, and pollution) and other larger mainland Chinese populations genetic diversity of the Taiwanese natural or manmade factors (e.g., (Dungan, 2011). Rather, the Taiwanese humpback dolphin, there are several bycatch and fisheries entanglement and humpback dolphin exhibits high social reasons to believe that diversity is vessel strikes) contribute significantly to cohesion relating to its strong reduced in the subspecies. First, with the subspecies’ risk of extinction. We population isolation, low abundance, fewer than 100 and possibly fewer than also determined that the inadequacy of confined geographic distribution, and 75 individuals in this reproductively existing regulatory mechanisms to anthropogenic stressors that have isolated subspecies (which is well control these threats is also contributing diminished the biological productivity below the minimum population size significantly to the dolphin’s extinction of Taiwan’s west coast over the last ∼60 (i.e., at least 250 individuals) required risk. We determined that overutilization years (Dungan et al., 2016; Dungan, for marine mammals to resist stochastic for commercial, recreational, scientific 2011). As such, the subspecies’ social genetic diversity loss (Huang et al., or educational purposes, disease, or structure may be unusual relative to 2014)), the gene pool may be predation are not operative threats on other S. chinensis populations in that experiencing critical bottlenecks. Next, the species, although we do recognize individual dolphins appear to be using social structure is highly connected in that these threats may act synergistically stronger, longer-lasting relationships in the population. This suggests that with the more high-risk threats. See order to cope with these environmental genetic substructure within the Whittaker and Young (2017) for and demographic differences (Dungan et population does not exist, and additional discussion of all ESA section al., 2016). diversification within the population is 4(a)(1) threat categories.

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Destruction, Modification, or humpback dolphin’s habitat (Wang et levels of industrial development may Curtailment of the Species Habitat or al., 2016). reduce connectivity among estuaries Range Another study estimated that land along the narrowly distributed range of reclamation activities since 1972 have the population. This can physically As previously discussed in the Range, destroyed over 222 km2 of habitat along limit the ability of individuals to Distribution and Habitat Use section of the western coast of Taiwan, equating to associate with each other, which could this proposed rule, the Taiwanese 23 percent and 40 percent of dolphin have detrimental impacts on the humpback dolphin is an obligatory habitat and foraging habitat, dolphin’s reproductive output and calf shallow water inshore species known respectively (Karczmarski et al., 2016). survivorship, particularly given the for its restricted distribution and narrow However, the authors note that this is subspecies’ high social cohesion and habitat selectivity; thus, degradation of likely an underestimation of true dependence on cooperative calf-rearing coastal habitats can have significant impacts, as the study only considered behaviors (Dungan et al., 2016). Next, consequences for the subspecies, habitat loss due to land reclamation and waste discharge from industrial activity including impacts to persistence and did not account for other impacts to the leads to water and sediment distribution of the subspecies dolphin’s habitat (Karczmarski et al., contamination. Given the extremely (Karczmarski et al., 2016). Like many 2016). Results of this study indicate that limited availability of suitable habitat estuarine habitats, that of the Taiwanese the dolphin likely had a continuous for the dolphin, use of lower quality humpback dolphin is negatively distribution prior to any land habitat near coastal developments impacted by highly concentrated human reclamation activities, whereas the because of land reclamation can also activity. In fact, out of Taiwan’s human subspecies’ current distribution appears expose the dolphins to areas of higher population of 23 million, approximately fragmented into two zones separated by effluent discharge and pollutants (Dares 90 percent live in counties bordering the an area of potential avoidance. et al., 2017). Finally, dredging and west coast of Taiwan, and thus abutting Therefore, Karczmarski et al. (2016) hydraulic sand fill methods used the Taiwanese humpback dolphin’s concluded that the current frequently for industrial land habitat (Ross et al., 2010). In addition to discontinuous distribution of Taiwanese reclamation in the area not only high population density, the coastal humpback dolphins is likely due to encroach upon limited habitat, but also region is associated with persistent varying levels of habitat degradation have the potential to disrupt the industrial development, land rather than ‘‘natural patchiness of their distribution of vital prey species of the reclamation, and freshwater diversion, environment.’’ population (Ross et al., 2010; Dungan et all of which destroy and degrade In contrast, Dares et al. (2017) found al., 2011). estuarine habitat upon which the that Taiwanese humpback dolphins exhibited temporal and spatial variation In addition to land reclamation, fresh Taiwanese humpback dolphin depends water diversion likely has significant (Sheehy, 2009; Thamarasi, 2014). in mean densities across their range, and that dolphin density was not impacts to the Taiwanese humpback Below, we discuss several factors that dolphin, as the subspecies is dependent may be contributing to the destruction, directly linked to any environmental factors (e.g., depth, sea surface upon freshwater inflow to support the modification, or curtailment of the productivity and ecosystem health of its Taiwanese humpback dolphin’s habitat temperature, salinity, and proximity to the nearest source of fresh water). In estuarine habitat. This habitat need of and/or range, including coastal freshwater inflow for the Taiwanese development/land reclamation, fact, all metrics analyzed in the study, including dolphin sightings, dolphin humpback dolphin is similar to that freshwater diversion, and contaminants/ shown for the PRE population of pollutants. density, and mother-calf pairs, were higher in waters adjacent to major humpback dolphins in mainland China, Land reclamation due to industrial reclamation projects as compared to where freshwater inflow has been activity and coastal development more natural waters where major shown to support steady estuarine contributes to widespread loss and reclamation activities had not occurred. ecosystem production upon which the degradation of Taiwanese humpback Unlike other cetacean species, dolphin relies for prey (Jefferson and dolphin habitat. Over the past three Taiwanese humpback dolphins are Hung, 2004). This freshwater flow is decades, the west coast of Taiwan has confined to a relatively small amount of drastically reduced by dams, flood undergone large alterations of coastal suitable habitat and restricted to control, and river diversions related to environments due to embankment, land shallow estuarine waters; therefore, the industrial development and diversion reclamation, coastal construction, and dolphins do not have the option to for agricultural and municipal purposes shoreline development, including the relocate to other areas when high (Dungan et al., 2011). In Taiwan, construction of break-walls and quality habitats are degraded or lost to freshwater flow from all major rivers to dredging activities. These activities have reclamation activities (Dares et al., estuaries has decreased by as much as increased over the last 50 years and are 2017). Therefore, the authors conclude 80 percent due to anthropogenic expected to continue into the future, that ‘‘rather than a real preference for diversion (Ross et al., 2010). Landsat largely unchecked (Wang et al., 2004a; waters adjacent to reclaimed coastlines’’ data also show a drastic reduction and Wang et al., 2007a; Karczmarski et al., the patterns observed in the study are weakening of annual discharge from 2016). In fact, recent studies have likely because the locations of these major rivers along Taiwan’s west coast documented extensive loss of native large construction sites and activities since 1972, as indicated by the reduced estuarine habitat across the Taiwanese are in close proximity to the two largest width of the channel and alluvial fans humpback dolphin’s range. For estuaries in the range of the subspecies at river mouths (Karczmarski et al., example, from 1995 to 2007, actions (Dares et al., 2017). 2016). Dams are already in place for taken to control for erosion and Despite the differences in distribution many rivers in Western Taiwan, and flooding, as well as the expansion of and habitat use observed in these recent have resulted in widespread loss of structures such as fishing ports, power studies, the large elimination of suitable estuarine mudflat habitat, which is vital plants, and other public facilities, habitat negatively affects the Taiwanese to Taiwanese humpback dolphin resulted in a 20 percent decline in humpback dolphin in several ways. foraging and productivity. For example, natural coastline within the Taiwanese First, habitat fragmentation due to high the Coshui (Juoshuei) River that once

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supplied sediment to the Waisanding immunotoxicity based on a 17 mg/kg contributes to the subspecies’ extinction sand bar has been diverted and lipid weight (LW) threshold for risk. restricted by the Formosa Petrochemical immunotoxicity (noting that there are It is also unlikely that scientific Corporation plant, resulting in shifts several lower level thresholds shown to monitoring has a negative impact on the and shrinking of the sand bar (Chen, impact the health of marine mammals). Taiwanese humpback dolphin. The 2006). Taiwanese dams and their total Model outputs using a ‘‘best-case’’ dolphin was only first observed in 2002, capacity have increased exponentially scenario (e.g., diet of 100 percent and since then several scientific surveys over the past century, resulting in Johnius spp.) resulted in average adult have sought to characterize its status significant loss and alteration of natural males reaching the threshold and abundance. The low frequency of estuarine systems. Finally, pollution concentration just prior to turning 9.3 these surveys, and reliance on non- and habitat contamination pose a threat years of age. In contrast, the average invasive photo identification, are to the health of long-lived species such adult female would only acquire enough unlikely to pose serious threats to the as the humpback dolphin. Due to PCBs to reach concentrations of 2.84 subspecies. concentrated industrial and human mg/kg LW due to offloading much of Inadequacy of Existing Regulatory activity, high levels of pollution are their body burden to their offspring after Mechanisms discharged into the habitat of the giving birth (Riehl et al., 2012). Taiwanese humpback dolphin (Wang et Although the study was based on There are few regulations in place for al., 2007a). The sources of these limited species-specific data inputs to the protection of the Taiwanese pollutants include marine boat repair, the model, humpback dolphins in the humpback dolphin. For example, the fish processing, fueling stations, ship PRE, affected by similar threats of Taiwanese humpback dolphin is listed under Taiwan’s Wildlife Conservation dumping, pipeline leakage, municipal industrial development and habitat Act as a Level I protected species, which and residential waste, industrial contamination, have demonstrated grants species the highest level of legal effluent, and livestock runoff (Ross et elevated concentrations of protection. Article 4 of the Act al., 2010). The discharge of toxic organochlorines including PCBs, designates humpback dolphins as pollutants into coastal waters of Taiwan hexachlorocyclohexanes (HCHs), and ‘‘protected wildlife’’, and Article 18 is largely unregulated. For instance, an dichlorodiphenyltrichloroethanes states that these animals are ‘‘not to be estimated 740,000 tons of waste oil from (DDTs) (Parsons, 2004; Ramu et al., disturbed, abused, hunted [or] killed’’ boats enters the marine environment in 2005; Jefferson et al., 2006). For (Wang et al., 2016). Nonetheless, there Taiwan each year (Wang et al., 2007b). example, in humpback dolphins off the appear to be no associated regulatory or coast of Hong Kong, the concentration of In addition, over 70 percent of enforcement actions for the prevention m wastewater is discharged into river DDTs was as high as 470 g/g LW, and of bycatch and entanglement of the m systems untreated, and subsequently PCBs as high as 78 g/g (Ramu et al., population, or extensive habitat runs off into near shore estuarine habitat 2005). Toxicity analysis (which degradation (Wang et al., 2016). For (Chen et al., 2007). Particularly compares these concentrations with example, several years after Ross et al. damaging are persistent organic, heavy known toxic effects from other marine (2010) published recommendations for metal, and trace metal pollutants which mammals) strongly suggests that these legally protecting the confirmed and negatively interact with cetacean chemicals impair reproduction and suitable habitat for the Taiwanese development and reproduction and are suppress immune function in the Indo- humpback dolphins, the Forestry associated with carcinogenic and Pacific humpback dolphin (Ramu et al., Bureau of Taiwan proposed ‘‘Major teratogenic properties (Reijnders, 2003; 2005). This is particularly concerning Wildlife Habitat’’ for the dolphins in Ramu et al., 2005). These toxins have given the already low reproductive rate 2014; however, the proposed protected been found to accumulate and become of the dolphin. area did not cover the minimum area concentrated in the marine sediment off Overutilization for Commercial, recommended for protection (Wang et the coast of Taiwan affected by Recreational, Scientific or Educational al., 2016). Given the already restricted freshwater input, impacting the Purposes amount of suitable habitat available to Taiwanese humpback dolphin habitat the dolphin, providing legal protection (Chen et al., 2007; Hung et al., 2010). We assessed two factors that may for an area that does not cover the Even toxins which were banned in the contribute to the overutilization of the subspecies’ entire distribution may put 1980s, such as polychlorinated subspecies: Whale watching and the dolphins at risk of encountering biphenyls (PCBs), remain present in scientific research. While some whale increased threats occurring just outside poorly maintained machinery and watching and recreational observation the protected area (also known as the industrial equipment, thus their of marine mammals occurs off the coast ‘‘edge effect’’; see original citations in accumulation is expected to continue in of Taiwan, it is unlikely that these Wang et al., 2016). Furthermore, the future (Chou et al., 2004). activities contribute heavily to the regardless of potential inadequacies of Pollution can affect the Taiwanese extinction risk for the Taiwanese the proposed protected area, the ‘‘Major humpback dolphin in two ways: humpback dolphin relative to other Wildlife Habitat’’ proposal has not yet Directly influencing the health of the threats. However, some tours targeting been implemented (Wang et al., 2016). animal or influencing prey that the the Taiwanese humpback dolphin have Therefore, based on current knowledge dolphin later ingests, thus leading to been permitted to operate despite of the population, and despite providing bioaccumulation of toxins in the recommendations against any boat- the highest level of legislative dolphin. To date, only one study has based dolphin watch tour targeting the protection, the Wildlife Conservation analyzed the potential bioaccumulation subspecies (Wang, pers. comm., 2017; Act appears inadequate to control for of toxins specifically for the Taiwanese Wang et al., 2007a). Therefore, while the primary threats to the species and humpback dolphin population. Riehl et whale watching tours on their own are has thus far proven unsuccessful in al. (2012), using a life-history based unlikely to pose a significant threat to slowing population decline. contaminant accumulation model for the dolphin, any additional stressor on While many recommendations have marine mammals, estimated that 68 the population likely acts synergistically been made to guide the future percent of the population is at risk for with other more prominent threats and conservation and recovery of the

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population (Wang et al., 2004a; Wang et dolphin (Slooten et al., 2013). One of individuals. Individuals of the al., 2007a; Ross et al., 2010; Ross et al., study determined that over 30 percent Taiwanese humpback dolphin have 2011), no current regulatory of the Taiwanese humpback dolphin shown potential evidence of disturbance mechanisms are in place to address the population exhibits evidence of due to such effects (Slooten et al., 2013). major threats to the subspecies and its fisheries interactions including wounds, For example, recent surveys have future viability. Development and scars, and entanglement (Wang et al., observed dolphins with emaciated and industrialization of the region are 2007a; Slooten et al., 2013), with 59.2 poor body condition, suggesting largely unregulated. Likewise, fishing percent of injuries (lethal and non- declines in prey abundance, increased and marine mammal bycatch are also lethal) observed confirmed to have foraging effort, or disease (Slooten et al., unregulated. originated from fisheries interactions 2013). While most Taiwanese humpback Therefore, based on the foregoing (Slooten et al., 2013). In a more recent dolphin prey species are small and not information, we conclude that existing study that expands upon Slooten et al. commercially valuable (Barros et al., regulations for the Taiwanese humpback (2013), Wang et al. (2017) determined 2004), decreases in their abundance due dolphin are inadequate. That is, the that nearly 60 percent of the individuals to bycatch and subsequent fishmeal laws that are in place currently are not examined in the study (n = 78) bore production may lead to over- effectively controlling for the main major injuries caused by human exploitation, and reduce prey identified threats to the species (e.g., activities, with 93 major injuries availability for the dolphin (Slooten et habitat destruction and fishing recorded on 46 individuals. The authors al., 2013). Increased prey aggregation interactions) and will likely not prevent defined ‘‘major injuries’’ as those that due to fishing can also attract mothers future population decline. would likely comprise the dolphin’s and calves, putting them at greater risk Other Natural or Manmade Factors health, survivorship or reproductive of entanglement and injury; this has Affecting Its Continued Existence potential. Not only was a large been observed in the PRE population, proportion of the population injured, and is most likely behavior common to We assessed several potential threats more than half of the individuals the Taiwanese humpback dolphin as that fall under the category of Other suffered multiple injuries, with several well (Jefferson, 2000). Finally, death and Natural or Manmade Factors, including new injuries observed. Consequently, injury of individuals due to fishing bycatch and entanglement in fishing this means that the risk of injury by activity can disrupt social structure, gear, vessel strikes, acoustic human activities is ongoing. In fact, which may affect the survival of calves disturbance, and climate change. from 2007 to 2015, 11 new human- or transfer of generational information Among these threats, injury and caused injuries were recorded on 9 throughout the social network. For mortality due to bycatch and individuals. Therefore, the population example, loss of a mature female may entanglement in fishing gear and vessel impact the trajectory of learning and strikes were by far the most significant incurred a minimum of 1.38 new threats to the continued existence of the injuries each year of the study, which survival techniques passed on to a calf Taiwanese humpback dolphin. We resulted in a total major injury rate of in its first several years. discuss these threats in detail below. 1.13 individuals/year (Wang et al., In addition to bycatch and Detailed information on the other 2017). However, the authors note that entanglement, fishing activities can threats (i.e., acoustic disturbance and despite the fact that all metrics affect dolphins by increasing the climate change) can be found in the evaluated in the study were high, they likelihood of vessel strikes due to draft status review report (Whittaker were still likely underestimates of the increased boat traffic. The waters off and Young, 2017). total impacts. For example, fatal injuries Taiwan are highly concentrated with As noted previously, entanglement in which the animal dies immediately human boat activity, including and mutilation due to interactions with or soon after could not be considered transportation, industrial shipping, fishing gear are likely the most serious and thus were not factored into the commercial fishing, sand extraction, direct and immediate threat to the overall measure of impact. Two harbor dredging, and commercial Taiwanese humpback dolphin (Wang et individuals have been found dead since dolphin watching. This activity is al., 2016; Wang et al., 2017). Bycatch 2009 with indications of gillnet unmitigated, and its concentration has poses a significant threat to small entanglement injuries (Wang et al., increased dramatically over the past few cetaceans in general, where 2017) and thus far, there has been no decades. In fact, the trend in boating entanglement in fishing gear results in action to reduce any of the major threats and fishing activity in the region has widespread injury and mortality (Read identified more than a decade ago at the increased by more than 750 percent et al., 2006). Taiwanese fisheries reports first workshop on the conservation and since the 1950s, and its increase is indicate that entanglement in fishing research needs of the subspecies (Wang expected to continue into the gear kills thousands of small cetaceans et al., 2004a; Wang et al., 2017). Overall, foreseeable future (Huang and Chuang, in the region (Chou, 2006). Although without immediate actions to control for 2010). Fishing vessels alone contribute there are many types of fishing gear threats from local fisheries (especially a large fraction of this boating activity; used throughout the subspecies’ habitat, net fisheries) and other major threats an estimated 6,300 fishing vessels are the two fishing gear types most identified to the subspecies, the currently active inside the dolphins’ hazardous to small cetaceans are gillnets Taiwanese humpback dolphin likely habitat (operating from ports in the six and trammel nets, thousands of which faces imminent extinction (Wang et al., coastal counties fronting the dolphins’ are set in coastal waters off western 2017). habitat), and 45 percent of them are Taiwan (Dungan et al., 2011; Slooten et In addition to direct effects of fishing regularly engaged in fishing coastal al., 2013). activity on the Taiwanese humpback waters (Slooten et al., 2013). The fleet is Injury due to entanglement is evident dolphin, indirect effects of fishing over-capitalized due to technological in the Taiwanese humpback dolphin include: Depletion of prey resources, improvements, and thus fishing population, identified by characteristic pollution, noise disturbance, altered pressure and negative interactions markings on the body, including behavioral responses to prey aggregation between fishing gear/vessels and constrictive line wraps, and direct in fishing gear, and potential changes to cetaceans are increasing (Wang et al., observation of gear wrapped around the social structure arising from the deaths 2007b). Additionally, this traffic is

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unregulated, and poses a threat to the even a single mortality event. Evidence information on protective efforts for the limited and narrow habitat available to suggests that diversity of the population Taiwanese humpback dolphin that the subspecies. The noise from these is low, which reduces the resiliency of would reduce its current risk of vessels may be disorienting for the the population to threats and changes in extinction. dolphins, which rely upon acoustic its habitat. The population appears to be Proposed Determination sensory systems to communicate, forage, cohesive, most likely due to low and interact with their environment, population size and the narrow extent of Section 4(b)(1) of the ESA requires and thus increase the potential for a its habitat. The potential for future that we make listing determinations strike. In addition, individuals, disruption of social structure due to based solely on the best scientific and especially females and calves, may be habitat fragmentation may heavily commercial data available after attracted to fishing vessels due to impact the transfer of generational conducting a review of the status of the elevated prey concentration, which can information, calf survival, and foraging species and taking into account those lead to mortality via vessel strike. success. Finally, the population exhibits efforts, if any, being made by any state Humpback dolphins off the coast of naturally low rates of reproduction and or foreign nation, or political Hong Kong, which interact with productivity, and data suggest that subdivisions thereof, to protect and comparable levels of vessel traffic and stress and habitat pollution act to conserve the species. We have face similar threats to habitat, have further reduce the population’s independently reviewed the best demonstrated unmistakable evidence of fecundity and productivity. Given these available scientific and commercial propeller cuts on their bodies, and demographic characteristics, the information, including the petition, vessel strikes have been determined as aforementioned threats work public comments submitted on the 90- the conclusive cause of mortality in a synergistically to disrupt social day finding (81 FR 1376; January 12, high proportion of stranding incidents structure, increase stress, limit food 2016), the draft status review report (Jefferson, 2000). availability, and reduce fecundity while (Whittaker and Young, 2017), and other Aside from direct mortality, resulting in direct loss through published and unpublished interaction with vessel traffic may alter mortality, injury, and prevention of information, and we have consulted behavior of the dolphin, causing stress, population recovery. Due to the with species experts and individuals reducing foraging efficiency, increasing immediacy and intensity of threats, and familiar with the Taiwanese humpback the threat of predation, and altering demographic characteristics increasing dolphin subspecies. We considered each behaviors that support its productivity. the vulnerability of the population, we of the section 4(a)(1) factors to For instance, in individuals off the coast have concluded that the Taiwanese determine whether it contributed of Hong Kong, mother-calf pairs humpback dolphin has an overall high significantly to the extinction risk of the demonstrated the greatest level of risk of extinction. species on its own. We also considered disturbance by vessel traffic; it has been the combination of those factors to hypothesized that separation of the calf Conservation Efforts determine whether they collectively due to vessel disturbance could easily Section 4(b)(1)(A) of the ESA requires contributed significantly to the increase risk of predation, aside from the Secretary, when making a listing extinction risk of the species. Therefore, the direct injury of a vessel strike (Van determination for a species, to take into our determination set forth below is Parijs and Corkeron, 2001). account those efforts, if any, being made based on a synthesis and integration of by any State or foreign nation to protect the foregoing information, factors and Overall Extinction Risk Summary the species. considerations, and their effects on the We identified several threats that Non-governmental organizations status of the subspecies throughout its likely affect the continued survival of (NGOs), scientists, activists and range. the Taiwanese humpback dolphin, residents of Taiwan have invested We conclude that the Taiwanese including destruction, modification, and significant amounts of time and humpback dolphin is presently in curtailment of its habitat (e.g., land resources into the conservation of the danger of extinction throughout its reclamation, industrial, agricultural, and Taiwanese humpback dolphin (Wang et range. We summarize the factors municipal pollution, and river al., 2016). For example, a series of supporting this conclusion as follows: diversion), and other natural or workshops have been conducted to (1) The best available information manmade factors, such as bycatch and discuss the conservation of the indicates that the subspecies has a entanglement in fishing gear, vessel Taiwanese humpback dolphin. These critically small population of less than strikes, and acoustic disturbance. Of took place in 2004, 2007, 2011 and 100 individuals, which is likely these threats, destruction and 2014, bringing together scientists, policy declining; (2) the Taiwanese humpback modification of habitat through land makers, and international partners to dolphin has a very restricted range, reclamation, river flow diversion, and discuss conservation options for the occurring only in the shallow waters off pollution, as well as entanglement and subspecies. The overarching goals of the western coast of Taiwan; (3) the bycatch pose the highest risk of each workshop were to define the subspecies possesses life history extinction for the Taiwanese humpback conservation status, current threats, and characteristics that increase its dolphin. These threats are immediate, outline potential conservation measures vulnerability to threats, including that it and intensity of these threats is likely to that would best help to improve the is long-lived and has a late age of increase in the future. Regulations to status of the subspecies. Since these maturity, slow population growth, and mitigate these threats are not currently workshops, research on the population low rate of reproduction and fecundity; in place, and plans for mitigation have has increased greatly, and (4) the subspecies is confined to limited not yet been implemented. The analysis understanding of the subspecies’ habitat in a heavily impacted area of of demographic factors above identified abundance and population trends have coastline where ongoing habitat several characteristics that elevate the improved. However, actions have yet to destruction (including coastal population’s vulnerability to these be taken by the local government to development, land reclamation, and threats. For example, heavily reduce any of the major existing threats fresh water diversion) contributes to a diminished and declining population faced by the subspecies (Wang et al., high risk of extinction; (5) the size drastically elevates the impact of 2016). We could not find any additional Taiwanese humpback dolphin is

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experiencing unsustainable rates of jeopardize the continued existence of Taiwanese humpback dolphin that was fisheries interactions, including the species or result in adverse present in the past, but may have been mortality and major injuries due to modification or destruction of critical lost over time; (4) any threats to the bycatch and entanglement in fishing habitat should it be designated. It is Taiwanese humpback dolphin (e.g., gear; and (6) existing regulatory unlikely that the listing of this fishing gear entanglement, habitat mechanisms are inadequate for subspecies under the ESA will increase destruction, etc.); (5) current or planned addressing the most important threats of the number of section 7 consultations activities within the range of the habitat destruction and fisheries because the subspecies occurs outside of Taiwanese humpback dolphin and their interactions. the United States and is unlikely to be possible impact on the subspecies; (6) As a result of the foregoing findings, affected by Federal actions. recent observations or sampling of the which are based on the best scientific Taiwanese humpback dolphin; and (7) Critical Habitat and commercial data available, we efforts being made to protect the conclude that the Taiwanese humpback Critical habitat is defined in section 3 Taiwanese humpback dolphin. dolphin is presently in danger of of the ESA (16 U.S.C. 1532(3)) as: (1) extinction throughout all of its range. The specific areas within the Role of Peer Review Accordingly, the Taiwanese humpback geographical area occupied by a species, In December 2004, the Office of dolphin meets the definition of an at the time it is listed in accordance Management and Budget (OMB) issued endangered species, and thus warrants with the ESA, on which are found those a Final Information Quality Bulletin for listing as an endangered species at this physical or biological features (a) Peer Review establishing minimum peer time. essential to the conservation of the review standards, a transparent process species and (b) that may require special for public disclosure of peer review Effects of Listing management considerations or planning, and opportunities for public Conservation measures provided for protection; and (2) specific areas outside participation. The OMB Bulletin, species listed as endangered or the geographical area occupied by a implemented under the Information threatened under the ESA include the species at the time it is listed upon a Quality Act (Pub. L. 106–554), is development and implementation of determination that such areas are intended to enhance the quality and recovery plans (16 U.S.C. 1533(f)); essential for the conservation of the credibility of the Federal government’s designation of critical habitat, if prudent species. ‘‘Conservation’’ means the use scientific information, and applies to and determinable (16 U.S.C. of all methods and procedures needed influential scientific information or 1533(a)(3)(A)); a requirement that to bring the species to the point at highly influential scientific assessments Federal agencies consult with NMFS which listing under the ESA is no disseminated on or after June 16, 2005. under section 7 of the ESA to ensure longer necessary. Section 4(a)(3)(A) of To satisfy our requirements under the their actions do not jeopardize the the ESA (16 U.S.C. 1533(a)(3)(A)) OMB Bulletin, we obtained independent species or result in adverse modification requires that, to the extent prudent and peer review of the status review report. or destruction of designated critical determinable, critical habitat be Independent specialists were selected habitat (16 U.S.C. 1536); and, for designated concurrently with the listing from the academic and scientific endangered species, prohibitions on the of a species. However, critical habitat community for this review. All peer import and export of any endangered cannot be designated in foreign reviewer comments were addressed species; the sale and offering for sale of countries or other areas outside U.S. prior to dissemination of the final status such species in interstate or foreign jurisdiction (50 CFR 424.12(g)). The review report and publication of this commerce; the delivery, receipt, Taiwanese humpback dolphin is proposed rule. carriage, shipment, or transport of such endemic to Taiwan and does not occur References species in interstate or foreign within areas under U.S. jurisdiction. commerce and in the course of a There is no basis to conclude that any A complete list of all references cited commercial activity; and the ‘‘take’’ of unoccupied areas under U.S. herein is available upon request (see FOR such species within the U.S., within the jurisdiction are essential for the FURTHER INFORMATION CONTACT). U.S. territorial sea, or on the high seas conservation of the subspecies. Classification (16 U.S.C. 1538). Recognition of the Therefore, we do not intend to propose species’ imperiled status through listing any critical habitat designations for the National Environmental Policy Act may also promote conservation actions subspecies. Section 4(b)(1)(A) of the ESA restricts by Federal and state agencies, foreign Public Comments Solicited on Listing the information that may be considered entities, private groups, and individuals. when assessing species for listing and To ensure that the final action sets the basis upon which listing Identifying Section 7 Consultation resulting from this proposal will be as Requirements determinations must be made. Based on accurate and effective as possible, we the requirements in section 4(b)(1)(A) of Section 7(a)(2) (16 U.S.C. 1536(a)(2)) solicit comments and suggestions from the ESA and the opinion in Pacific Legal of the ESA and NMFS/FWS regulations the public, other governmental agencies, Foundation v. Andrus, 675 F. 2d 825 require Federal agencies to confer with the scientific community, industry, (6th Cir. 1981), we have concluded that us on actions likely to jeopardize the environmental groups, and any other ESA listing actions are not subject to the continued existence of species proposed interested parties. Comments are environmental assessment requirements for listing, or that result in the encouraged on this proposal (See DATES of the National Environmental Policy destruction or adverse modification of and ADDRESSES). Specifically, we are Act (NEPA). proposed critical habitat. If a proposed interested in new or updated species is ultimately listed, Federal information regarding: (1) The range, Executive Order 12866, Regulatory agencies must consult on any action distribution, and abundance of the Flexibility Act, and Paperwork they authorize, fund, or carry out if Taiwanese humpback dolphin; (2) the Reduction Act those actions may affect the listed genetics and population structure of the As noted in the Conference Report on species or its critical habitat and ensure Taiwanese humpback dolphin; (3) the 1982 amendments to the ESA, that such actions are not likely to habitat within the range of the economic impacts cannot be considered

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when assessing the status of a species. required. Given that this subspecies PART 224—ENDANGERED MARINE Therefore, the economic analysis occurs entirely outside of U.S. waters, AND ANADROMOUS SPECIES requirements of the Regulatory there will be no federalism impacts Flexibility Act are not applicable to the because listing the subspecies will not ■ 1. The authority citation for part 224 listing process. affect any state programs. continues to read as follows: In addition, this proposed rule is List of Subjects in 50 CFR Part 224 Authority: 16 U.S.C. 1531–1543 and 16 exempt from review under Executive U.S.C 1361 et seq. Order 12866. This proposed rule does Endangered and threatened species, Exports, Imports, Transportation. ■ 2. In § 224.101, amend the table in not contain a collection-of-information paragraph (h), by adding an entry, by Dated: June 20, 2017. requirement for the purposes of the common name, ‘‘Dolphin, Taiwanese Paperwork Reduction Act. Samuel D. Rauch III, humpback’’ under ‘‘Marine Mammals’’ Executive Order 13132, Federalism Deputy Assistant Administrator for in alphabetical order, to read as follows: Regulatory Programs, National Marine In accordance with E.O. 13132, we Fisheries Service. § 224.101 Enumeration of endangered determined that this proposed rule does For the reasons set out in the marine and anadromous species. not have significant Federalism effects preamble, 50 CFR part 224 is proposed * * * * * and that a Federalism assessment is not to be amended as follows: (h) * * *

Species 1 Citation(s) for listing Critical ESA rules Common name Scientific name Description of listed entity determination(s) habitat

******* MARINE MAMMALS

******* Dolphin, Taiwanese hump- Sousa chinensis Entire subspecies ...... [Insert Federal Register NA NA back. taiwanensis. page where the docu- ment begins], [date of publication when pub- lished as a final rule].

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722; February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612; November 20, 1991).

[FR Doc. 2017–13250 Filed 6–23–17; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 82, No. 121

Monday, June 26, 2017

This section of the FEDERAL REGISTER requirements of 35 U.S.C. 209 and 37 requirements of 35 U.S.C. 209 and 37 contains documents other than rules or CFR 404.7. CFR 404.7. proposed rules that are applicable to the public. Notices of hearings and investigations, Mojdeh Bahar, Mojdeh Bahar, committee meetings, agency decisions and Assistant Administrator. Assistant Administrator. rulings, delegations of authority, filing of [FR Doc. 2017–13256 Filed 6–23–17; 8:45 am] [FR Doc. 2017–13255 Filed 6–23–17; 8:45 am] petitions and applications and agency BILLING CODE 3410–03–P statements of organization and functions are BILLING CODE 3410–03–P examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE

Agricultural Research Service Submission for OMB Review; DEPARTMENT OF AGRICULTURE Comment Request

Agricultural Research Service Notice of Intent To Grant Exclusive June 21, 2017. License The Department of Agriculture has Notice of Intent To Grant Exclusive submitted the following information License AGENCY: Agricultural Research Service, collection requirement(s) to OMB for USDA. review and clearance under the AGENCY: Agricultural Research Service, ACTION: Notice of intent. Paperwork Reduction Act of 1995, USDA. Public Law 104–13. Comments are ACTION: Notice of intent. SUMMARY: Notice is hereby given that requested regarding (1) whether the the U.S. Department of Agriculture, collection of information is necessary SUMMARY: Notice is hereby given that Agricultural Research Service, intends for the proper performance of the the U.S. Department of Agriculture, to grant to Oregon State University of functions of the agency, including whether the information will have Agricultural Research Service, intends Corvallis, Oregon, an exclusive license practical utility; (2) the accuracy of the to grant to Oregon State University of to the variety of blackberry described in Corvallis, Oregon, an exclusive license agency’s estimate of burden including U.S. Plant Patent Application Serial No. the validity of the methodology and to the variety of blueberry described in 15/530,950, ‘‘BLACKBERRY NAMED U.S. Plant Patent Application Serial No. assumptions used; (3) ways to enhance ‘HALL’S BEAUTY’,’’ filed on March 28, the quality, utility and clarity of the 15/530,947, ‘‘BLUEBERRY CULTIVAR 2017. NAMED ‘ECHO’,’’ filed on March 28, information to be collected; (4) ways to 2017. DATES: Comments must be received on minimize the burden of the collection of or before July 26, 2017. information on those who are to DATES: Comments must be received on respond, including through the use of or before July 26, 2017. ADDRESSES: Send comments to: USDA, appropriate automated, electronic, ARS, Office of Technology Transfer, mechanical or other technological ADDRESSES: Send comments to: USDA, 5601 Sunnyside Avenue, Rm. 4–1174, collection techniques or other forms of ARS, Office of Technology Transfer, Beltsville, Maryland 20705–5131. information technology. 5601 Sunnyside Avenue, Rm. 4–1174, Comments regarding this information FOR FURTHER INFORMATION CONTACT: Beltsville, Maryland 20705–5131. collection received by July 26, 2017 will Brian T. Nakanishi of the Office of be considered. Written comments FOR FURTHER INFORMATION CONTACT: Technology Transfer at the Beltsville Brian T. Nakanishi of the Office of should be addressed to: Desk Officer for address given above; telephone: 301– Agriculture, Office of Information and Technology Transfer at the Beltsville 504–5989. address given above; telephone: 301– Regulatory Affairs, Office of 504–5989. SUPPLEMENTARY INFORMATION: The Management and Budget (OMB), New Federal Government’s patent rights in Executive Office Building, 725—17th SUPPLEMENTARY INFORMATION: The this plant variety are assigned to the Street NW., Washington, DC 20503. Federal Government’s patent rights in United States of America, as represented Commenters are encouraged to submit this plant variety are assigned to the by the Secretary of Agriculture. The their comments to OMB via email to: United States of America, as represented _ prospective exclusive license will be OIRA [email protected] or fax by the Secretary of Agriculture. The royalty-bearing and will comply with (202) 395–5806 and to Departmental prospective exclusive license will be the terms and conditions of 35 U.S.C. Clearance Office, USDA, OCIO, Mail royalty-bearing and will comply with 209 and 37 CFR 404.7. The prospective Stop 7602, Washington, DC 20250– the terms and conditions of 35 U.S.C. 7602. Copies of the submission(s) may exclusive license may be granted unless, 209 and 37 CFR 404.7. The prospective be obtained by calling (202) 720–8681. exclusive license may be granted unless, within thirty (30) days from the date of An agency may not conduct or within thirty (30) days from the date of this published Notice, the Agricultural sponsor a collection of information this published Notice, the Agricultural Research Service receives written unless the collection of information Research Service receives written evidence and argument which displays a currently valid OMB control evidence and argument which establishes that the grant of the license number and the agency informs establishes that the grant of the license would not be consistent with the potential persons who are to respond to would not be consistent with the the collection of information that such

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persons are not required to respond to National Agricultural Statistics Service production, marketing, and processing the collection of information unless it (NASS) to request revision and of livestock and livestock products. displays a currently valid OMB control extension of a currently approved NASS compiles data from both number. information collection, the Livestock Federally Inspected and Non-Federally Slaughter Survey. Revision to burden Inspected Slaughter Plants. National Agricultural Statistics Service hours may be needed due to changes in Authority: These data will be Title: Current Agricultural Industrial the size of the target population, collected under the authority of 7 U.S.C. Reports (CAIR). sampling design, and/or questionnaire 2204(a). Individually identifiable data OMB Control Number: 0535–0254. length. collected under this authority are Summary of Collection: The Current governed by Section 1770 of the Food DATES: Comments on this notice must be Agricultural Industrial Reports (CAIR) Security Act of 1985, 7 U.S.C. 2276, received by August 25, 2017 to be surveys have become an integral part of which requires USDA to afford strict assured of consideration. the Census of Agriculture and numerous confidentiality to non-aggregated data other surveys conducted by NASS. ADDRESSES: You may submit comments, provided by respondents. This Notice is Under the authority of the Census of identified by docket number 0535–0005, submitted in accordance with the by any of the following methods: Agriculture Act of 1997 (Pub. L. 105– • Paperwork Reduction Act of 1995 Pub. 113) and defined under Title 7, Sec. Email: [email protected]. L. 104–13 (44 U.S.C. 3501, et seq.) and 2204(g), these surveys will be Include docket number above in the Office of Management and Budget subject line of the message. mandatory. The data from the CAIR • regulations at 5 CFR part 1320. NASS surveys will supply data users with Efax: (855) 838–6382. also complies with OMB • Mail: Mail any paper, disk, or CD– important information on the utilization Implementation Guidance, ROM submissions to: David Hancock of many of the crops, livestock, and ‘‘Implementation Guidance for Title V NASS Clearance Officer, U.S. poultry produced in the U.S. of the E-Government Act, Confidential Department of Agriculture, Room Need and Use of the Information: Information Protection and Statistical 5336A, Mail Stop 2024, South Building, Data from these surveys is essential to Efficiency Act of 2002 (CIPSEA),’’ 1400 Independence Avenue SW., measuring the consumption of Federal Register, Vol. 72, No. 115, June Washington, DC 20250–2024. agricultural products in the production 15, 2007, p. 33362. • Hand Delivery/Courier: Hand of numerous consumer goods. Estimate of Burden: The Livestock deliver to: NASS Clearance Officer, U.S. Agricultural products such as grain, Slaughter Survey includes a weekly Department of Agriculture, Room oilseeds, fibers, and animal co-products survey of approximately 900 Federally 5336A, South Building, 1400 is used in the creation of cooking oils, Inspected (FI) slaughter plants and a Independence Avenue SW., flour, lubricants, fuel, fabrics, soap, monthly survey of approximately 900 Washington, DC 20250–2024. paint, methyl esters, resins, and State Inspected (SI) slaughter plants. numerous other products. The data are FOR FURTHER INFORMATION CONTACT: R. Slaughter data is compiled by the needed to provide a more complete Renee Picanso, Associate Administrator, Federal and State inspectors, therefore picture of the importance of agriculture National Agricultural Statistics Service, NASS does not contact these operations. to the American population. Data from U.S. Department of Agriculture, (202) NASS collects data only from the the instruments are published and 720–4333. Copies of this information smaller independent plants and publications are available to everyone at collection and related instructions can combines this data with the FI and SI the same time on the NASS Web site. be obtained without charge from David data to create a national report. The Description of Respondents: Business Hancock, NASS—OMB Clearance smaller, independent operations or other for-profit. Officer, at (202) 690–2388 or at (approximately 1,300 operations) are Number of Respondents: 1,420. [email protected]. contacted either monthly, quarterly, or Frequency of Responses: Reporting: SUPPLEMENTARY INFORMATION: annually. Public reporting burden for One time. Title: Livestock Slaughter Survey. this collection of information is Total Burden Hours: 2,490. OMB Control Number: 0535–0005. estimated to average 15 minutes per Expiration Date of Approval: response for an estimated annual Ruth Brown, November 30, 2017. burden of 2,500 hours. (The USDA and Departmental Information Collection Type of Request: To revise and extend State inspectors are not included in the Clearance Officer. a currently approved information calculation of total burden, since they [FR Doc. 2017–13264 Filed 6–23–17; 8:45 am] collection for a period of three years. are performing this task as a part of their BILLING CODE 3410–20–P Abstract: The primary objective of the job functions.) National Agricultural Statistics Service Respondents: Farmers and custom/ is to prepare and issue State and state inspected slaughter plants. DEPARTMENT OF AGRICULTURE national estimates of crop and livestock Estimated Number of Respondents: production, prices, and disposition as 1,300. National Agricultural Statistics Service well as economic statistics, farm Estimated Total Annual Burden on numbers, land values, on-farm pesticide Notice of Intent To Request Revision Respondents: 2,500 hours. usage, pest crop management practices, Comments: Comments are invited on: and Extension of a Currently Approved as well as the Census of Agriculture. (a) Whether the proposed collection of Information Collection Livestock slaughter data are used to information is necessary for the proper AGENCY: National Agricultural Statistics estimate U.S. red meat production and performance of the functions of the Service, USDA. reconcile inventory estimates which agency, including whether the ACTION: Notice and request for provide producers and the rest of the information will have practical utility; comments. industry with current and future (b) the accuracy of the agency’s estimate information on market supplies. This of the burden of the proposed collection SUMMARY: In accordance with the data is also used in preparing of information including the validity of Paperwork Reduction Act of 1995, this production, disposition, and income the methodology and assumptions used; notice announces the intent of the statistics which facilitate more orderly (c) ways to enhance the quality, utility,

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and clarity of the information to be incurred charges. Callers will incur no DEPARTMENT OF COMMERCE collected; and (d) ways to minimize the charge for calls they initiate over land- burden of the collection of information line connections to the toll-free U.S. Census Bureau on those who are to respond, including telephone number. Persons with hearing Submission for OMB Review; through the use of appropriate impairments may also follow the Comment Request automated, electronic, mechanical, proceedings by first calling the Federal technological or other forms of Relay Service at 1–800–977–8339 and The Department of Commerce will information technology collection providing the Service with the submit to the Office of Management and methods. conference call number and conference Budget (OMB) for clearance the All responses to this notice will ID number. following proposal for collection of become a matter of public record and be information under the provisions of the summarized in the request for OMB Members of the public are also entitled to submit written comments; Paperwork Reduction Act. approval. Agency: U.S. Census Bureau. the comments must be received in the Signed at Washington, DC, June 13, 2017. Title: Generic Clearance for Internet regional office within 30 days following R. Renee Picanso, Nonprobability Panel Pretesting. the meeting. Written comments may be Associate Administrator. OMB Control Number: 0607–0978. mailed to the Midwestern Regional Form Number(s): TBD. [FR Doc. 2017–13260 Filed 6–23–17; 8:45 am] Office, U.S. Commission on Civil Rights, BILLING CODE 3410–20–P Type of Request: Extension of a 55 W. Monroe St., Suite 410, Chicago, Currently Approved Collection. IL 60615. They may also be faxed to the Number of Respondents: 60,000. Commission at (312) 353–8324, or COMMISSION ON CIVIL RIGHTS Average Hours per Response: 0.167. emailed to Carolyn Allen at callen@ Burden Hours: 10,000. Notice of Public Meeting of the usccr.gov. Persons who desire Needs and Uses: The information Louisiana Advisory Committee To additional information may contact the collected in this program of developing Discuss Civil Rights Topics in the Midwestern Regional Office at (312) and testing questionnaires will be used State 353–8311. by staff from the Census Bureau and Records generated from this meeting sponsoring agencies to evaluate and AGENCY: U.S. Commission on Civil improve the quality of the data in the Rights. may be inspected and reproduced at the Midwestern Regional Office, as they surveys and censuses that are ultimately ACTION: Announcement of meeting. conducted. Because the questionnaires become available, both before and after being tested under this clearance are SUMMARY: Notice is hereby given, the meeting. Records of the meeting will still in the process of development, the pursuant to the provisions of the rules be available via www.facadatabase.gov data that result from these collections and regulations of the U.S. Commission under the Commission on Civil Rights, are not considered official statistics of on Civil Rights (Commission) and the Louisiana Advisory Committee link the Census Bureau or other Federal Federal Advisory Committee Act that (https://database.faca.gov/committee/ agencies. Data will be included in the Louisiana Advisory Committee committee.aspx?cid=251&aid=17). research reports prepared for sponsors (Committee) will hold a meeting on Persons interested in the work of this inside and outside of the Census Thursday, July 6, 2017, at 3:00 p.m. Committee are directed to the Bureau. The results may also be Central for the purpose of a discussion Commission’s Web site, http:// prepared for presentations related to on civil rights topics affecting the state. www.usccr.gov, or may contact the survey methodology at professional DATES: The meeting will be held on Midwestern Regional Office at the above meetings or publications in professional Thursday, July 6, 2017, at 3:00 p.m. CDT email or street address. journals. Since the submission of the 60 PUBLIC CALL INFORMATION: Dial: 877– day notice, we have changed both the 718–5108, Conference ID: 1009990 Agenda title and burden estimate for this FOR FURTHER INFORMATION CONTACT: Welcome and Roll Call collection. At the 60-day notice, the David Barreras, DFO, at dbarreras@ collection was entitled ‘‘Generic usccr.gov or 312–353–8311 Civil Rights Topics in Louisiana Clearance for Internet Nonprobability SUPPLEMENTARY INFORMATION: Members Next Steps Panel Pretesting and Qualitative Survey of the public can listen to the Public Comment Methods Testing.’’ To more accurately discussion. This meeting is available to reflect the intended collection, we are the public through the following toll- Adjournment renaming this collection ‘‘Generic free call-in number: 877–718–5108, Exceptional Circumstance: Pursuant Clearance for Medium-Scale Pretesting.’’ conference ID: 1009990. Any interested to 41 CFR 102–3.150, the notice for this We are requesting an increase in hours member of the public may call this meeting is given less than 15 calendar from 8,334 to 16,900 annually because number and listen to the meeting. An days prior to the meeting because of the we incorporated the pretesting needs for open comment period will be provided exceptional circumstance of the 2020 Census communications to allow members of the public to make management difficulties that prevent an campaign into this request. a statement as time allows. The earlier filing. Affected Public: Individuals and conference call operator will ask callers households. to identify themselves, the organization Dated: June 21, 2017. Frequency: Once. they are affiliated with (if any), and an David Mussatt, Respondent’s Obligation: Voluntary. email address prior to placing callers Supervisory Chief, Regional Programs Unit. Legal Authority: Data collection for into the conference room. Callers can [FR Doc. 2017–13283 Filed 6–23–17; 8:45 am] this project is authorized under the expect to incur regular charges for calls BILLING CODE P authorizing legislation for the they initiate over wireless lines, questionnaire being tested. This may be according to their wireless plan. The Title 13, Sections 131, 141, 161, 181, Commission will not refund any 182, 193, and 301 for Census Bureau-

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sponsored surveys, or other I. Abstract survey will be multi-mode offering corresponding collection authorities for Sponsored by the U.S. Department of respondents the opportunity to surveys sponsored by other Federal Health and Human Services’ (HHS’) participate via a web instrument and a agencies. We do not now know what Health Resources Services paper questionnaire. other titles will be referenced, since we Administration’s (HRSA) National The 2018 NSSRN project includes do not know what survey questionnaires Center for Health Workforce Analysis plans to experimentally test the efficacy will be pretested during the course of (NCHWA), the National Sample Survey of a non-monetary incentive (that is, the clearance. of Registered Nurses (NSSRN) is whether offering a pen and lanyard as This information collection request conducted to assist in fulfilling the a token of appreciation increases may be viewed at www.reginfo.gov. Congressional mandates of the Public response, thus reducing non-response Follow the instructions to view Health Service Act 42 U.S.C. Section bias and reducing costs associated with Department of Commerce collections 294n(b)(2)(A), foster the development of follow-up). Additionally, the project currently under review by OMB. information describing and analyzing will test contact materials, and test Written comments and the health care workforce and workforce modifications to data collection recommendations for the proposed related issues and provide necessary strategies based on response from prior information collection should be sent information for decision-making contact strategies. within 30 days of publication of this regarding future directions in health In addition to testing non-monetary notice to OIRA_Submission@ professions and nursing programs in incentives, the 2018 NSSRN will omb.eop.gov or fax to (202) 395–5806. response to societal and professional evaluate different non-response follow- up mailing strategies by testing for Sheleen Dumas, needs. In addition, Public Health Service Act 42 U.S.C. Section 295k(a)– response improvements using different Departmental PRA Lead, Office of the Chief envelopes to deliver the survey Information Officer. (b), the Secretary shall establish a program, including a uniform health materials. One of these strategies [FR Doc. 2017–13280 Filed 6–23–17; 8:45 am] professions data reporting system, to utilizes testing a pressure-sealed BILLING CODE 3510–07–P collect, compile, and analyze data on reminder postcard scheduled to be health professions personnel. The mailed approximately one week after the initial survey invite mailing. This DEPARTMENT OF COMMERCE Secretary is authorized to expand the program to include, whenever he strategy is being implemented to decrease the time gap during mailings U.S. Census Bureau determines it necessary, the collection, compilation, and analysis of data, health and is more cost-effective than sending Proposed Information Collection; care administration personnel, nurses, an additional paper questionnaire Comment Request; 2018 National allied health personnel in States packet. The ability to send reminders Sample Survey of Registered Nurses designated by the Secretary to be enclosed with the pressure-seal system included in the program. The NSSRN is allows for the secure delivery of login AGENCY: U.S. Census Bureau, designed to obtain the necessary data to information for the NSSRN web Commerce. determine the characteristics and instrument as well as specific ACTION: Notice. distribution of Registered Nurses (RNs) information about the survey. throughout the United States, as well as Third, we plan to experimentally SUMMARY: The Department of emerging patterns in their employment evaluate the impact of adding a Commerce, as part of its continuing characteristics. These data will provide supplemental fact sheet with important effort to reduce paperwork and the means for the evaluation and statistics from prior NSSRN respondent burden, invites the general assessment of the evolving administrations. During the initial public and other Federal agencies to demographics, educational mailing, inserts with important NSSRN take this opportunity to comment on the qualifications, and career employment facts will be tested. proposed 2018 National Sample Survey patterns of RNs, consistent with the Finally, for respondents who of Registered Nurses, as required by the goals of congressional mandates of the experience technical problems with the Paperwork Reduction Act of 1995. Public Health Service Act 42 U.S.C. web instrument, have questions about the survey, or need other forms of DATES: To ensure consideration, written Section 294n(b)(2)(A) and Section assistance, the 2018 NSSRN will have a comments must be submitted on or 295k(a)–(b). Such data have become Telephone Questionnaire Assistance before August 25, 2017. particularly important for the need to (TQA) line available. TQA staff will not ADDRESSES: Direct all written comments better understand workforce issues given the recent dynamic change in the only be able to answer respondent to Jennifer Jessup, Departmental questions and concerns, but also they Paperwork Clearance Officer, RN population and, the transformation of the healthcare system. will have the ability to collect survey Department of Commerce, Room 6616, responses over the phone, using an 14th and Constitution Avenue NW., The proposed survey design for the 2018 NSSRN will include a probability administrative access to the web Washington, DC 20230 (or via the instrument, if the respondent calls in Internet at [email protected]). sample (100,000 RNs) selected from a sampling frame compiled from files and would like to have interviewer FOR FURTHER INFORMATION CONTACT: provided by the State Boards of Nursing assistance in completing the interview. Requests for additional information or and the National Council of the State II. Methods of Collection copies of the information collection Boards of Nursing (NCSBN). These files instrument(s) and instructions should constitute a sampling frame of all RNs Web-Push be directed to Daniel Doyle, U.S. Census licensed in the 50 States and the District The production 2018 NSSRN plan for Bureau, ADDP, HQ–7H051, 4600 Silver of Columbia. Sampling rates are set for the web-push data collection design Hill Road, Washington, DC 20233–0001, each state based on considerations of includes 80% of the 100,000 RNs (301) 763–5304 (or via the Internet at statistical precision of the estimates and receiving an initial invite with [email protected]). the costs involved in obtaining reliable instructions on how to complete the SUPPLEMENTARY INFORMATION: national and state-level estimates. The questionnaire via the web. The web-

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push production sample of 80,000 is or other forms of information Fish and Wildlife Service, Bureau of broken out into two non-monetary technology. Land Management, Bureau of incentive groups: The majority, 70,000 Comments submitted in response to Reclamation, National Oceanic and RNs, will receive a lanyard and pen; a this notice will be summarized and/or Atmospheric Administration, and U.S. small group, 10,000 RNs, will receive no included in the request for OMB Army Corps of Engineers. The incentive so that the effectiveness of the approval of this information collection; interagency agreement seeks to develop non-monetary incentive can be they also will become a matter of public an Outdoor Recreation Satellite Account evaluated. No additional incentives are record. (ORSA). The seven agencies that make planned for subsequent follow-up Sheleen Dumas, up the FRC are prominent stewards of reminders or paper questionnaire federal public lands and waters for Departmental PRA Lead, Office of the Chief mailings. Information Officer. outdoor recreation, and BEA is one of the U.S. government’s premier Mixed-Mode [FR Doc. 2017–13293 Filed 6–23–17; 8:45 am] producers of official economic statistics. BILLING CODE 3510–07–P The remaining 20% of the sampled The ORSA will provide a first-of-its- RNs will be mailed an initial invite with kind look at the outdoor recreation instructions on how to complete the DEPARTMENT OF COMMERCE economy. While BEA’s current gross questionnaire via the web, in addition to domestic product (GDP) statistics a paper questionnaire in the packet. Bureau of Economic Analysis already embed economic activity This group of 20,000 RNs is broken out associated with outdoor recreation, the RIN 0691–XC068 so that 10,000 receive a lanyard and new satellite account will allow these pen, and a smaller group, 10,000 RNs, Request for Comment; Notice of activities to be separately identified and receive no incentive so that the Development of Outdoor Recreation highlighted in a way not possible with effectiveness of the non-monetary Satellite Account (To Define and current statistics. Ultimately, creation of incentive can be evaluated. Measure the Economic Impact of the ORSA will provide detailed data III. Data Outdoor Recreation) that will deepen the public’s understanding of the economic impact OMB Control Number: 0607–####. AGENCY: Bureau of Economic Analysis, of outdoor recreation. This will inform Form Number: NSSRN. Department of Commerce. decision making and improve Type of Review: Regular submission. ACTION: Advance notice of development governance and long-term management Affected Public: Nurses, researchers, of satellite account to define and of public lands and waters. The first and policymakers. measure the outdoor recreation major step in this effort is to define the Estimated Number of Respondents: economy; request for comments. range of activities encompassed by the 65,000. outdoor recreation economy. In Estimated Time per Response: 25 SUMMARY: The Bureau of Economic minutes per response. evaluating potential definitions, BEA Analysis (BEA) and Federal Recreation and FRC will consider public comment Estimated Total Annual Burden Council (FRC) are soliciting comments Hours: 27,083 hours. as well as input from subject matter from the public on the development of experts in the field of outdoor Estimated Total Annual Cost to a new set of national statistics that Public: $0. economics. The ORSA research team would provide information on the will then develop two or three potential Respondent’s Obligation: Voluntary. economic activity generated by outdoor Legal Authority: Census Authority: 13 definitions ranging in scope from recreation in the United States as narrow to broad. The range of activities U.S.C. Section 8(b). authorized by the Outdoor Recreation HRSA Authority: Public Service Act in each definition will determine which Jobs and Impact Act of 2016, Public Law industries and detailed goods and 42 U.S.C. Section 294n(b)(2)(A) and 42 114–249. U.S.C. Section 295k(a)–(b). services measured by BEA will be DATES: Comments must be received no Confidentiality: The data collected classified as in scope, out of scope, or later than 30 days after publication of under this agreement are confidential partially in scope for the outdoor this notice. under 13 U.S.C. Section 9. All access to recreation economy. Title 13 data from this survey is ADDRESSES: You may submit comments Once these initial definitions have restricted to those holding Census via email to OutdoorRecreation@ been established, the second major step Bureau Special Sworn Status pursuant bea.gov. Comments sent by any other will be to review the list of partially-in- to 13 U.S.C. Section 23(c). method or after the comment period scope goods and services, and identify may not be considered. All comments data sources and methodologies by IV. Request for Comments are a part of the public record. which the in-scope share of these Comments are invited on: (a) Whether FOR FURTHER INFORMATION CONTACT: ‘‘partial’’ items can be estimated. the proposed collection of information Thomas Howells, Chief, Industry Finally, using the information collected is necessary for the proper performance Analysis Division (BE–53), Bureau of in the first two steps, prototype of the functions of the agency, including Economic Analysis, Department of national-level estimates of economic whether the information shall have Commerce, 4600 Silver Hill Road, activity will be developed that could practical utility; (b) the accuracy of the Washington, DC 20233; phone: (301) include measures of output, value agency’s estimate of the burden 278–9586 or via email at added, compensation of employees, and (including hours and cost) of the [email protected]. employment in the outdoor recreation proposed collection of information; (c) SUPPLEMENTARY INFORMATION: In economy. BEA invites email comments ways to enhance the quality, utility, and September 2016, the Bureau of from the general public, private clarity of the information to be Economic Analysis (BEA) entered an industry, state and local governments, collected; and (d) ways to minimize the interagency agreement with agencies of non-profit organizations, and other burden of the collection of information the Federal Recreation Council (FRC). interested parties. In particular, we are on respondents, including through the The FRC is composed of the National interested in feedback regarding the use of automated collection techniques Park Service, U.S. Forest Service, U.S. following:

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1. What recreation-related activities requirements of the FTZ Act and the through January 31, 2016.1 On April 12, should be considered as in scope for the Board’s regulations are satisfied (except 2017, 2016, the Department extended ORSA; with regard to the request to exempt Site the deadline for the final results to June 2. What types of statistics that 1 from sunset limits); 22, 2017.2 For a complete description of potential users of the ORSA would like Now, therefore, the Board hereby the events that followed publication of to see presented in the account in orders: the Preliminary Rescission, see the addition to output, value added, The application, as amended, to Issues and Decision Memorandum, employment, and compensation; reorganize FTZ 229 under the ASF is which is dated concurrently with, and 3. What datasets could supplement approved, subject to the FTZ Act and hereby adopted by, this notice.3 The BEA’s core statistics in estimating the Board’s regulations, including Issues and Decision Memorandum is a shares for partially in-scope goods and Section 400.13, to the Board’s standard public document and is available services; and, 2,000-acre activation limit for the zone, electronically via Enforcement and 4. What datasets could be used for and to an ASF sunset provision for Compliance’s Antidumping and possible future regionalization of the magnet sites that would terminate Countervailing Duty Centralized account. authority for Site 1 if not activated Electronic Service System (ACCESS). Dated: June 20, 2017. within five years from the month of ACCESS is available to registered users Sarahelen Thompson, approval. at http://access.trade.gov and to all Deputy Director, Bureau of Economic Dated: June 14, 2017. parties in the Central Records Unit, Analysis. Ronald K. Lorentzen, room B8024 of the main Department of [FR Doc. 2017–13289 Filed 6–23–17; 8:45 am] Acting Assistant Secretary of Commerce for Commerce building. In addition, a complete version of the Issues and BILLING CODE 3510–06–P Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board. Decision Memorandum can be accessed [FR Doc. 2017–13302 Filed 6–23–17; 8:45 am] at http://enforcement.trade.gov/frn/. DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P The signed Issues and Decision Memorandum and the electronic Foreign-Trade Zones Board version are identical in content. [Order No. 2034] DEPARTMENT OF COMMERCE Scope of the Order The scope of this order covers Reorganization of Foreign-Trade Zone International Trade Administration passenger tires from the PRC. For a 229 Under Alternative Site Framework; [C–570–017] complete description of the scope, see Charleston, West Virginia Passenger Vehicle and Light Truck ‘‘Scope of the Order’’ section of the Issues and Decision Memorandum.4 Pursuant to its authority under the Foreign- Tires From the People’s Republic of Trade Zones Act of June 18, 1934, as China: Final Rescission of 2014–2016 Analysis of Comments Received amended (19 U.S.C. 81a–81u), the Foreign- Countervailing Duty New Shipper The Department received case and Trade Zones Board (the Board) adopts the Review following Order: rebuttal briefs following publication of AGENCY: Enforcement and Compliance, the Preliminary Rescission. All issues Whereas, the Board adopted the International Trade Administration, raised in the briefs are addressed in the alternative site framework (ASF) (15 Department of Commerce. Issues and Decision Memorandum.5 A CFR Sec. 400.2(c)) as an option for the list of topics included in the Issues and establishment or reorganization of SUMMARY: The U.S. Department of Commerce (the Department) determines Decision Memorandum is provided at zones; the Appendix to this notice. Whereas, the West Virginia Economic to rescind this new shipper review Development Authority, grantee of (NSR) of the countervailing duty (CVD) Final Rescission of New Shipper Foreign-Trade Zone 229, submitted an order on passenger vehicle and light Review truck tires (passenger tires) from the application to the Board (FTZ Docket B– In the Preliminary Rescission, the People’s Republic of China (the PRC). 23–2016, docketed on April 22, 2016 Department announced its preliminary and amended on September 27, 2016 The period of review (POR) is December 1, 2014, through January 31, 2016. The and January 18, 2017) for authority to 1 See Passenger Vehicle and Light Truck Tires reorganize under the ASF with a service NSR covers one exporter/producer of from the People’s Republic of China: Preliminary area of the Counties of Boone, Cabell, subject merchandise, Shandong Rescission of 2014–2016 Countervailing Duty New Xinghongyuan Tire Co., Ltd. (SXT). Shipper Review, 82 FR 8825 (January 31, 2017) Calhoun, Clay, Fayette, Jackson, (Preliminary Rescission), and accompanying Kanawha, Lincoln, Logan, Mason, DATES: Effective June 26, 2017. Department Memorandum, ‘‘Passenger Vehicle and Mingo, Putnam, Raleigh, Roane, Wayne, FOR FURTHER INFORMATION CONTACT: Light Truck Tires From the People’s Republic of Wirt, Wood and Wyoming, within and Kaitlin Wojnar, AD/CVD Operations, China: Decision Memorandum for the Preliminary Rescission of the 2014–2016 Countervailing Duty adjacent to the Charleston Customs and Office VII, Enforcement and New Shipper Review,’’ January 23, 2017 Border Protection port of entry, and FTZ Compliance, International Trade (Preliminary Decision Memorandum). 229’s existing Site 1 would be Administration, U.S. Department of 2 See Department Memorandum, ‘‘Passenger categorized as a magnet site; Commerce, 1401 Constitution Avenue Vehicle and Light Truck Tires from the People’s Whereas, notice inviting public NW., Washington, DC 20230; telephone: Republic of China: Extension of Deadline for Final Results in Countervailing Duty New Shipper comment was given in the Federal (202) 482–3857. Review,’’ April 12, 2017. Register (81 FR 25374, April 28, 2016) SUPPLEMENTARY INFORMATION: 3 See Department Memorandum, ‘‘Passenger and the application, as amended, has Vehicle and Light Truck Tires from the People’s been processed pursuant to the FTZ Act Background Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2014– and the Board’s regulations; and, On January 31, 2017, the Department 2016 Countervailing Duty New Shipper Review,’’ Whereas, the Board adopts the published notice of its preliminary June 22, 2017 (Issues and Decision Memorandum). findings and recommendations of the rescission of this NSR pertaining to SXT 4 Id., at 2–4. examiner’s report, and finds that the for the period December 1, 2014, 5 Id., at 4–8.

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intent to rescind this review, because 30.61 percent); and (3) for subject DEPARTMENT OF COMMERCE SXT’s request for an NSR included an merchandise manufactured by SXT but inaccurately certified statement that exported by any other party, the cash International Trade Administration SXT is not affiliated with any PRC deposit rate will be the rate applicable [Docket No.: 170413395–7395–01] exporter or producer that exported to the exporter. These cash deposit subject merchandise (i.e., passenger requirements, when imposed, shall RIN 0625–XC034 tires from the PRC) to the United States remain in effect until further notice. 2017 Fee Schedule for National Travel during the period of time examined in and Tourism Office for the Advance the original CVD investigation (i.e., Notification to Importers Passenger Information System (APIS)/ January 1, 2013, through December 31, This notice serves as a final reminder I–92 Program, I–94 International 2013) and, as such, SXT had not Arrivals Program, and Survey of satisfied the statutory and regulatory to importers of their responsibility International Air Travelers Program requirements to request an NSR.6 Based under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement on the Department’s complete analysis AGENCY: International Trade of all information and comments on the of countervailing duties prior to Administration, U.S. Department of record of this review, we make no liquidation of the relevant entries Commerce. during this POR. Failure to comply with changes to our findings in the ACTION: Notice of revised fee schedule this requirement could result in the Preliminary Rescission. Accordingly, for with request for comments. the reasons discussed in the Preliminary Department’s presumption that Rescission and the Issues and Decision reimbursement of countervailing duties SUMMARY: Consistent with the Memorandum, we have determined to occurred and the subsequent assessment guidelines in OMB Circular A–25, rescind this NSR with respect to SXT.7 of double countervailing duties. federal agencies are responsible for conducting a biennial review of all Assessment Administrative Protective Orders programs to determine the types of Because the Department is rescinding This notice serves as a reminder to activities subject to user fees and the this NSR, we have not calculated a parties subject to administrative basis upon which user fees are to be set. company-specific countervailing protective order (APO) of their The U.S. Department of Commerce, subsidy rate for SXT. SXT’s entries responsibility concerning the return or International Trade Administration during the POR will be assessed at the (ITA), National Travel and Tourism destruction of proprietary information cash deposit rate required at the time of Office (NTTO) is raising the fees for disclosed under APO in accordance entry, which is the ‘‘all-others’’ rate (i.e., 2017 data for the monthly, quarterly or with 19 CFR 351.305, which continues 30.61 percent). annual data from the APIS/I–92 to govern business proprietary Cash Deposit Requirements Program, the I–94 International Arrivals information in this segment of the Program, and the annual custom reports, Effective upon publication of this proceeding. Timely written notification data tables or files from the Survey of notice of the final rescission of this of the return/destruction of APO International Air Travelers Program. NSR, the Department will instruct U.S. materials or conversion to judicial As part of the fee review process, the Customs and Border Protection to protective order is hereby requested. NTTO is providing industry with the require a cash deposit for entries of Failure to comply with the regulations opportunity to comment on the fee subject merchandise from SXT. The and terms of an APO is a violation schedule and to provide any suggestions following cash deposit requirements which is subject to sanction. for reducing the costs of NTTO will be effective upon publication of This Department is issuing and programs. NTTO may reassess the fees this rescission for all shipments of publishing these results in accordance as appropriate. subject merchandise from SXT entered, with sections 751(a)(2)(B) and 771(i)(1) DATES: Comments must be received by or withdrawn from warehouse, for of the Act and 19 CFR 351.214 and 19 July 26, 2017. consumption on or after the publication ADDRESSES: You may submit comments date, as provided for by section CFR 351.221(b)(5). by either of the following methods: 751(a)(2)(C) of the Tariff Act of 1930, as Dated: June 20, 2017. • Federal eRulemaking Portal: amended (the Act): (1) For subject Ronald K. Lorentzen, www.Regulations.gov. The identification merchandise produced and exported by Acting Assistant Secretary for Enforcement number is ITA–2017–0005. SXT, the cash deposit rate will continue and Compliance. • Postal Mail/Commercial Delivery: to be the all-others rate (i.e., 30.61 Appendix Docket No. ITA–2017–0005 percent); (2) for subject merchandise International Trade Administration, exported by SXT but not manufactured List of Topics Discussed in the Issues and 1401 Constitution Avenue NW., Room by SXT, the cash deposit rate will Decision Memorandum 1003, Washington, DC 20230. continue to be the all-others rate (i.e., I. Summary Instructions: You must submit II. Background comments by one of the above methods 6 See Preliminary Decision Memorandum at 5–8; see also Letter from SXT, ‘‘Certain Passenger III. Scope of the Order to ensure that the comments are Vehicle and Light Truck Tires from the People’s IV. Discussion of the Issues received and considered. Comments Republic of China: New Shipper Review Request,’’ Issue 1: Acceptance of Unverified sent by any other method, to any other February 25, 2016, at Exhibit 2 (certifying that Submissions as ‘‘Complete and address or individual, or received after ‘‘since the investigation was initiated, {SXT} has never been affiliated with any exporter or producer Accurate’’ the end of the comment period, may not who exported the subject merchandise to the Issue 2: Evidence of Xingyuan Group’s be considered. All comments received United States during the period of investigation Exports During the POI are a part of the public record and will including those not individually examined during V. Recommendation generally be posted to the investigation’’). 7 See Preliminary Rescission, 82 FR at 8825; see [FR Doc. 2017–13286 Filed 6–23–17; 8:45 am] www.regulations.gov without change. All Personal Identifying Information (for also Preliminary Decision Memorandum at 3–8; BILLING CODE 3510–DS–P Issues and Decision Memorandum. example, name, address, etc.)

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voluntarily submitted by the commenter provided by NTTO. In 2016, the NTTO Advance Passenger Information System may be publicly accessible. Do not issued a request for proposal for the (APIS) since July 2010. All carriers submit Confidential Business 2017–2019 SIAT and I–94 data. The serving the United States must transmit Information or otherwise sensitive or contractor prices for the SIAT base APIS data (from their automated flight protected information. ITA will accept program are six percent greater than the manifests) to CBP for each flight coming anonymous comments (enter ‘‘N/A’’ in 2016 contract prices and 27 percent to or departing from the United States, the required fields if you wish to remain greater for the I–94 program. This including Canada. The information anonymous). Attachments to electronic increase is due in part to increased collected provides non-stop point-to- comments will be accepted in Microsoft quality management checks associated point air traffic totals between the Word, Excel, or Adobe PDF file formats with this program. Additionally, there is United States and all other countries only. Supporting documents and any a nearly 30 percent increase in the cost and between U.S. and foreign airports. comments we receive on this docket for custom reports for both programs. Subsets of this information regarding may be viewed at https:// This was due to the additional work the number of passengers on U.S. flag or www.regulations.gov/docket?D=ITA- required by the contractor due to the foreign flag carriers are also made 2017-0005. additional sample and additional time available. In addition, there is a FOR FURTHER INFORMATION CONTACT: the contractor took to finalize report breakout of scheduled or charter flight Richard Champley at (202) 482–4753 or formats and then issue them. Thus, the passengers. [email protected]; or Department must increase fees to fulfill In the monthly, quarterly and annual Claudia Wolfe at (202) 482–4555 or its Congressional mandate to continue I–92 reports, there are four sets of tables. [email protected]. and expand its market research under The first three sets have an arrivals SUPPLEMENTARY INFORMATION: the Travel Promotion Act of 2009 [P.L. portion (Ia, IIa, and IIIa), as well as a Background: Consistent with the 111–145]. departures section (Id, IId, and IIId). The guidelines in OMB Circular A–25,1 Additionally, for 2017, to help fourth table is a summary of traffic by federal agencies are responsible for ameliorate the increased costs while flag of carrier. To learn more about this conducting a biennial review of all keeping the program fees as low as program, go to: http://travel.trade.gov/ programs to determine the types of possible, the SIAT sample for 2017 will research/programs/i92/index.asp. The activities subject to user fees and the be cut from 96,000 surveys in 2016 to current 2016 and historical fees (1990– basis upon which user fees are to be set. 77,000 surveys in 2017. It is anticipated 2015) for this program can be found at: In addition to OMB Circular A–25, the that the 2018 sample level will be http://travel.trade.gov/research/reports/ NTTO also follows OMB Circular A– similar depending upon the FY2018 i92/index.asp. Each fee service will be 130, which mandates federal agencies to budget. The increased fees for 2017 are provided at a 15 percent fee increase develop and to maintain a necessary to avoid additional cuts. from 2016 to 2017. Fee increases for the comprehensive set of information However, the NTTO would also be APIS/I–92 program are being increased management policies for use across the interested in the industry’s preference to help offset an ITA budget cut and the government, and to promote the on a cut in sample as a method to keep much larger increases in costs to the I– application of information technology to the fee increases lower versus higher 94 and SIAT program, because all three improve the use and dissemination of fees. programs are interdependent upon one information in the operation of Federal There are three main research another and used to provide the SIAT programs. The role of NTTO is to programs in which the public may data. enhance the international obtain additional data on international The I–94 International Arrivals competitiveness of the U.S. travel and travelers to and from the United States Program is a core part of the U.S. travel tourism industry and to increase its in addition to the free information and tourism statistical system. This exports, thereby creating U.S. already posted to the NTTO Web site. program provides the U.S. government employment and economic growth. The The proposed 2017 fees are for the and the public with the official U.S. primary functions of the NTTO are: (1) monthly, quarterly or annual data from monthly and annual overseas visitor Management of the travel and tourism the APIS/I–92 Program, the I–94 arrivals to the United States along with statistical system for assessing the International Arrivals Program, and the select Mexican and Canadian visitor economic contribution of the industry annual custom reports, data tables or statistics. The NTTO manages the and providing the sole source for files from the Survey of International program in cooperation with the CBP. characteristic statistics on international Air Travelers Program. The program collects and reports travel to and from the United States; (2) The APIS/I–92 program is a joint overseas non-U.S. resident visitor design and administration of export effort between the Department of arrivals to the United States. U.S. expansion activities; (3) development Homeland Security Customs and Border government data consists of the DHS I– and management of tourism policy, Protection (CBP) and the NTTO to 94 data, which non-U.S. citizens from strategy and advocacy; and (4) technical provide international air traffic statistics overseas and Mexico (Canada is assistance for expanding this key export data to the government and the travel excluded) must complete to enter the (international tourism) and assisting in industry. The system is a source of data United States. All visitation data is domestic economic development. on all international flights to and from processed by residency (world region The NTTO has provided this data for the United States, including flights with and country), for total arrivals, type of many years and has developed a fewer than 10 passengers. It reports the visa, mode of transportation, age of subscriber base for each of these total volume of air traffic and various traveler, address (state level only) while programs. The fees collected for these subsets of traffic. A differentiating in the United States port of entry, and reports go to pay for ITA costs to feature of the I–92, compared to the T– select percentage change comparisons develop the reports as well as to support 100 (international nonstop segment and year-over-year. The information is research for the continuation and on-flight market data), is that the I–92 presented in a report entitled the expansion of improvements to the data reports the number of U.S. citizens vs. Summary of International Travel to the ‘‘all other citizens.’’ United States with 35 tables including 1 https://www.whitehouse.gov/omb/circulars_ The information collected from this the categories above. NTTO publishes a025. program has been based upon the arrivals data to its Web site on a

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monthly basis, and reports and custom about to depart, from the major U.S. travel.trade.gov/research/reports/ifs/ reports or tables are available on a international gateway airports. The index.asp. When viewing the current fee monthly, quarterly or annual basis. Survey is administered either aboard structure for the SIAT reports, the tables More information about this program is flights or in the airport gate area, of the will show there is no fee increase for the available at http://travel.trade.gov/ over 100 participating airlines (foreign vast majority of the standard published research/programs/i94/index.asp. The and U.S.) departing 27 U.S. reports and their corresponding Excel current 2016 and historical fees (1992– international gateways. The Survey data tables for which the fees have remained 2015) for this program can be found at: is ‘‘weighted’’ to census data. For constant for the last five years. The only http://travel.trade.gov/research/reports/ example, non-resident inbound survey reports or data for which the NTTO is i94/index.html. responses are weighted to the ‘‘100%’’ revising the fees are shown below. As stated above, each fee service will population of DHS I–94 arrival records be provided at a 15 percent fee increase Fee Schedule increases for the APIS/ to adjust for over and under sampling. from 2016 to 2017. I–92 program, the I–94 International The Survey of International Air Resident outbound data is weighted Arrivals Program and the Survey of Travelers Program is a primary research based on DHS I–92 U.S. departure data. International Air Travelers (SIAT) program which gathers statistical data Data are available on a quarterly and Program are shown in the tables below. about air passenger travelers in U.S.— annual basis for either non-resident All fees shown are 15 percent greater in inbound or resident outbound. It can be overseas and Mexican air markets 2017 than in 2016, except for certain delivered in a standard national report (Canada is excluded). The program also SIAT reports as explained above. For format or as a custom report, data table, serves as the cornerstone for NTTO’s the I–94 program, the NTTO is or excel. Data files are also available. To efforts to assist U.S. businesses to eliminating the print files and will only learn more about this program, go to: improve their competitiveness and provide a PDF and Excel file to save http://travel.trade.gov/research/ effectiveness in the international travel costs. The custom reports, data tables programs/ifs/index.asp. The current market. and files will also see a 15 percent fee The Survey is conducted on selected 2016 and historical fees (1983–2015) for flights which have departed, or are this program can be found at: http:// increase in 2017.

APIS/I–92 Program 2017 Fee 2016 Fee

Monthly Reports printed ...... $2,295 $1,995 Monthly Reports (PDF and Excel) ...... 3,435 2,985 Quarterly Reports printed ...... 2,070 1,800 Quarterly Reports (PDF and Excel) ...... 3,095 2,690 Annual Report printed ...... 1,610 1,400 Annual Report (PDF and Excel) ...... 2,405 2,090 Data Files, for internal use only ...... 27,310 23,745

I–94 International Arrivals program 2017 Fee 2016 Fee

Monthly Subscription (PDF and Excel) ...... $2,450 $2,130 Quarterly Subscription (PDF and Excel) ...... 2,155 1,870 Annual Issue (PDF and Excel) ...... 1,485 1,290 Annual, data file (CD–ROM) ...... 16,770 14,580 Quarterly, data file (CD–ROM) ...... 18,820 16,365

Combined 2015 and 2016 International I–94 Arrivals Data 2017 Fee 2016 Fee

Monthly Subscription (PDF and Excel) ...... $3,730 $3,240 Quarterly Subscription (PDF and Excel) ...... 3,170 2,755 Annual Issue (PDF and Excel) ...... 2,000 1,740

Survey of International Air Travelers program 2017 Fee 2016 Fee

CUSTOM TABLE—1st table, in Excel ...... $2,720 $2,365 CUSTOM TABLE—all other tables in Excel ...... 1,645 1,430 Custom Reports with Excel and PDF (First banner) ...... 10,210 8,875 Custom Reports with Excel and PDF (Second banner) ...... 9,185 7,985 Custom Reports with Excel and PDF (Third + banners) ...... 8,220 7,145

Method for Determining Fees: ITA assessed the costs of its programs and For each program, NTTO has a set of collects, retains, and expends user fees the fees it collects. In 2016, NTTO subscribers who have been using this pursuant to delegated authority under increased fees by five percent, data, some for decades. Since 2000, fees the Mutual Educational and Cultural explaining the increased fees were have increased by 10 percent or more Exchange Act as authorized in its necessary for NTTO to be in compliance six times. Most rely upon this data as annual appropriations acts. with Circular A–25 (81 FR 39895, June the only federal source to define the Last year as part of a fee review in 20, 2016). In 2016, and the NTTO sold international travel market to this compliance with Office of Management a few more reports in 2016 than it did country. Additionally, the power of the and Budget Circular No. A–25, the in previous years. SIAT program is that it can provide International Trade Administration estimates by world region and country

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of the number of overseas travelers who increases in the international market. In SUPPLEMENTARY INFORMATION: visit U.S. census regions, states, contrast, in years international travel Background territories, or cities. But the program slows or declines, we factor this in provides far more than an estimated when determining fees. Based upon all On January 31, 2017, the Department number. The responses to questions this input, we develop several options published notice of its preliminary asked of the overseas visitors also help for cost increases or decreases and rescission of this NSR pertaining to SXT explain why the visitation numbers determine fees. for the period August 1, 2015, through have increased or declined over the January 31, 2016.1 On April 12, 2017, previous years due to the shifts in the Conclusion 2016, the Department extended the traveler characteristics of the visitors Based on the information provided deadline for the final results to June 22, between the two years. It may be a shift above, the NTTO believes its revised 2017.2 For a complete description of the in visitors’ ports of entry or purpose of fees are consistent with the objective of events that followed publication of the trip; changes in the mix of first time or OMB Circular A–25 to ‘‘promote Preliminary Rescission, see the Issues repeat visitors, or package or efficient allocation of the nation’s and Decision Memorandum, which is independent travelers; shifts in modes resources by establishing charges for dated concurrently with and hereby of transport used by visitors to travel special benefits provided to the adopted by this notice.3 The Issues and within the country; or a shift to more or recipient that are at least as great as the Decision Memorandum is a public fewer destinations visited, compared to cost to the U.S. Government of document and is available electronically previous trips. providing the special benefits . . . ’’ via Enforcement and Compliance’s Fees are set considering the cost of OMB Circular A–25(5)(b). However, as Antidumping and Countervailing Duty providing this data. Most of the NTTO stated above, we are providing the Centralized Electronic Service System research is implemented from fixed public with the opportunity to comment (ACCESS). ACCESS is available to price contacts. Within the contracts are and will reassess the revised fees as registered users at http:// built-in cost adjustments. The NTTO appropriate. access.trade.gov and to all parties in the considers the current demand for each Dated: June 8, 2017. Central Records Unit, room B8024 of the program by comparing changes from main Department of Commerce Isabel Hill, one year to the next before setting fees. building. In addition, a complete We also consider if there have been Director, National Travel & Tourism Office, version of the Issues and Decision decreases in timeliness or quality of International Trade Administration, U.S. Department of Commerce. Memorandum can be accessed at http:// service delivery or improvements made enforcement.trade.gov/frn/. The signed [FR Doc. 2017–13427 Filed 6–23–17; 8:45 am] to the programs like new report formats, Issues and Decision Memorandum and more travelers surveyed, or other BILLING CODE 3510–DR–P the electronic version are identical in enhancements to the research data content. provided. The NTTO staff considered the purchasing constraints experienced DEPARTMENT OF COMMERCE Scope of the Order by current or potential subscribers (such International Trade Administration The scope of this order covers as limits to purchase by credit card, or passenger tires from the PRC. For a sole source/open bid requirements) and [A–570–016] complete description of the scope, see factored in the annual percentage the ‘‘Scope of the Order’’ section of the change in the Consumer Price Index Passenger Vehicle and Light Truck Issues and Decision Memorandum.4 (used to determine rate of inflation). Tires From the People’s Republic of In the analysis of these fees, it was China: Final Rescission of 2015–2016 Analysis of Comments Received determined that the services provided Antidumping Duty New Shipper The Department received case and from this report offer special benefits to Review rebuttal briefs following publication of an identifiable recipient beyond those AGENCY: Enforcement and Compliance, the Preliminary Rescission. All issues that accrue to the public. International Trade Administration, raised in the briefs are addressed in the ITA completed an analysis that 5 Department of Commerce. Issues and Decision Memorandum. A calculated the actual cost of providing SUMMARY: The U.S. Department of list of topics included in the Issues and its data services to develop a basis for Commerce (the Department) determines setting the fee. Full cost incorporates 1 to rescind this new shipper review See Passenger Vehicle and Light Truck Tires direct and indirect costs (including From the People’s Republic of China: Preliminary (NSR) of the antidumping duty (AD) operations and maintenance), overhead, Rescission of 2015–2016 Antidumping Duty New order on passenger vehicle and light Shipper Review, 82 FR 8824 (January 31, 2017) and charges for the use of capital truck tires (passenger tires) from the (Preliminary Rescission), and accompanying facilities. ITA also considered People’s Republic of China (the PRC). Department Memorandum, ‘‘Passenger Vehicle and additional factors when pricing goods Light Truck Tires From the People’s Republic of The period of review (POR) is August 1, and services, including adequacy of cost China: Decision Memorandum for the Preliminary 2015, through January 31, 2016. The Rescission of the 2015–2016 Antidumping Duty recovery, affordability, available NSR covers one exporter/producer of New Shipper Review,’’ January 23, 2017 efficiencies, inflation, pricing history, subject merchandise, Shandong (Preliminary Decision Memorandum). fee elasticity, and service delivery 2 See Department Memorandum, ‘‘Passenger Xinghongyuan Tire Co., Ltd. (SXT). alternatives. Vehicle and Light Truck Tires from the People’s Finally, the NTTO staff members DATES: Effective June 26, 2017. Republic of China: Extension of Deadline for Final Results in Antidumping Duty New Shipper watch what is happening in the FOR FURTHER INFORMATION CONTACT: Review,’’ April 12, 2017. industry. If our clients’ budgets are Kaitlin Wojnar, AD/CVD Operations, 3 See Department Memorandum, ‘‘Passenger being cut or increased, this too is Office VII, Enforcement and Vehicle and Light Truck Tires from the People’s considered. We watch what is Compliance, International Trade Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2015– happening in terms of international Administration, U.S. Department of 2016 Antidumping Duty New Shipper Review,’’ travel to the country as well. If there are Commerce, 1401 Constitution Avenue June 22, 2017 (Issues and Decision Memorandum). large increases in travel to the United NW., Washington, DC 20230; telephone: 4 Id. at 2–4. States, there tends to be corresponding (202) 482–3857. 5 Id. at 4–8.

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Decision Memorandum is provided at SXT, the cash deposit rate will continue V. Recommendation the Appendix to this notice. to be the all-others rate (i.e., 76.46 [FR Doc. 2017–13287 Filed 6–23–17; 8:45 am] percent); (2) for subject merchandise Final Rescission of New Shipper BILLING CODE 3510–DS–P exported by SXT but not manufactured Review by SXT, the cash deposit rate will In the Preliminary Rescission, the continue to be the all-others rate (i.e., DEPARTMENT OF COMMERCE Department announced its preliminary 76.46 percent); and (3) for subject intent to rescind this review because merchandise manufactured by SXT but International Trade Administration SXT’s request for an NSR included an exported by any other party, the cash [A–580–889] inaccurately certified statement that deposit rate will be the rate applicable SXT is not affiliated with any PRC to the exporter. These cash deposit Dioctyl Terephthalate From the exporter or producer that exported requirements, when imposed, shall Republic of Korea: Final Determination subject merchandise (i.e., passenger remain in effect until further notice. of Sales at Less Than Fair Value and tires from the PRC) to the United States Notification to Importers Final Negative Determination of Critical during the period of time examined in Circumstances the original AD investigation (i.e., This notice serves as a final reminder October 1, 2013, through March 31, AGENCY: Enforcement and Compliance, to importers of their responsibility 2014) and, as such, SXT had not International Trade Administration, under 19 CFR 351.402(f)(2) to file a satisfied the statutory and regulatory Department of Commerce. certificate regarding the reimbursement requirements to request an NSR.6 Based SUMMARY: The Department of Commerce on the Department’s complete analysis of antidumping duties prior to (the Department) determines that of all information and comments on the liquidation of the relevant entries dioctyl terephthalate (DOTP) from the record of this review, we make no during this POR. Failure to comply with Republic of Korea (Korea) is being, or is changes to our findings in the this requirement could result in the likely to be, sold in the United States at Preliminary Rescission. Accordingly, for Department’s presumption that less than fair value (LTFV). The period the reasons discussed in the Preliminary reimbursement of antidumping duties of investigation (POI) is April 1, 2015, Rescission and the Issues and Decision occurred and the subsequent assessment through March 31, 2016. For Memorandum, we have determined to of double antidumping duties. information on the estimated weighted- rescind this NSR with respect to SXT.7 Administrative Protective Orders average dumping margins of sales at Assessment LTFV, see the ‘‘Final Determination’’ This notice serves as a reminder to section of this notice. Because the Department is rescinding parties subject to administrative DATES: Effective June 26, 2017. this NSR, we have not calculated a protective order (APO) of their FOR FURTHER INFORMATION CONTACT: company-specific dumping margin for responsibility concerning the return or Laurel LaCivita or Shanah Lee, AD/CVD SXT. SXT’s entries during the POR will destruction of proprietary information Operations, Office III, Enforcement and be assessed at the cash deposit rate disclosed under APO in accordance Compliance, International Trade required at the time of entry, which is with 19 CFR 351.305, which continues Administration, U.S. Department of the ‘‘PRC-wide’’ rate (i.e., 76.46 to govern business proprietary Commerce, 1401 Constitution Avenue percent). information in this segment of the NW., Washington, DC 20230; telephone: proceeding. Timely written notification Cash Deposit Requirements (202) 482–4243 or (202) 482–6386, of the return/destruction of APO Effective upon publication of this respectively. materials or conversion to judicial notice of the final rescission of this protective order is hereby requested. SUPPLEMENTARY INFORMATION: NSR, the Department will instruct U.S. Failure to comply with the regulations Customs and Border Protection to Background and terms of an APO is a violation require a cash deposit for entries of which is subject to sanction. On February 3, 2017, the Department subject merchandise from SXT. The published the Preliminary following cash deposit requirements This Department is issuing and Determination of sales at LTFV of DOTP will be effective upon publication of publishing these results in accordance from Korea.1 The petitioner in this this rescission for all shipments of with sections 751(a)(2)(B) and 771(i)(1) investigation is Eastman Chemical subject merchandise from SXT entered, of the Act and 19 CFR 351.214 and 19 Company. The mandatory respondents or withdrawn from warehouse, for CFR 351.221(b)(5). in this investigation are Aekyung consumption on or after the publication Dated: June 20, 2017. Petrochemical Co., Ltd. (AKP) and LG date, as provided for by section Ronald K. Lorentzen, Chem Ltd. (LG Chem). Both AKP and 751(a)(2)(C) of the Tariff Act of 1930, as LG Chem participated in this amended (the Act): (1) For subject Acting Assistant Secretary for Enforcement and Compliance. investigation. A complete summary of merchandise produced and exported by the events that occurred since Appendix publication of the Preliminary 6 See Preliminary Decision Memorandum at 5–8; Determination, as well as a full see also Letter from SXT, ‘‘Certain Passenger List of Topics Discussed in the Issues and Vehicle and Light Truck Tires from the People’s Decision Memorandum 1 Republic of China: New Shipper Review Request,’’ I. Summary See Dioctyl Terephthalate from the Republic of February 25, 2016, at Exhibit 2 (certifying that Korea: Affirmative Preliminary Determination of ‘‘since the investigation was initiated, {SXT} has II. Background Sales at Less Than Fair Value, Negative Preliminary never been affiliated with any exporter or producer III. Scope of the Order Determination of Critical Circumstances, and who exported the subject merchandise to the IV. Discussion of the Issues Postponement of Final Determination, 82 FR 9195 United States during the period of investigation Issue 1: Acceptance of Unverified (February 3, 2017) (Preliminary Determination) and including those not individually examined during Submissions as ‘‘Complete and accompanying memorandum, ‘‘Decision the investigation’’). Memorandum for the Preliminary Determination in 7 See Preliminary Rescission, 82 FR at 8824; see Accurate’’ the Less-Than-Fair-Value Investigation of Dioctyl also Preliminary Decision Memorandum at 3–8; Issue 2: Evidence of Xingyuan Group’s Terephthalate from the Republic of Korea’’ Issues and Decision Memorandum. Exports During the POI (Preliminary Decision Memorandum).

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discussion of the issues raised by parties section of the Issues and Decision Weighted- for this final determination, may be Memorandum. Exporter/producer average found in the Issues and Decision margins Memorandum, which is dated Final Negative Determination of (percent) Critical Circumstances concurrently with, and hereby adopted Aekyung Petrochemical Co., 2 by, this notice. On November 15, 2016, the petitioner Ltd ...... 4.08 The Issues and Decision timely filed a critical circumstances LG Chem, Ltd ...... 2.71 Memorandum is a public document and allegation, pursuant to section 733(e)(1) All-Others ...... 3.69 is available electronically via of the Act and 19 CFR 351.206(c)(1), Enforcement and Compliance’s Disclosure Antidumping and Countervailing Duty alleging that critical circumstances exist Centralized Electronic Service System with respect to imports of DOTP from In accordance with 19 CFR 3 (ACCESS). Access is available to Korea. We find that critical 351.224(b), we intend to disclose the registered users at https:// circumstances do not exist with respect calculations performed to parties in this access.trade.gov and to all parties in the to AKP and LG Chem.4 For a complete proceeding within five days of any Central Records Unit, Room B–8024 of discussion of this issue, see the ‘‘Final public announcement of this notice. Negative Determination of Critical the Department’s main building. In Continuation of Suspension of Circumstances’’ section of the Issues addition, a complete version of the Liquidation Issues and Decision Memorandum can and Decision Memorandum. be accessed at http:// In accordance with section All-Others Rate enforcement.trade.gov/frn/. The signed 735(c)(1)(B) of the Act, we will instruct Issues and Decision Memorandum and In accordance with section U.S. Customs and Border Protection electronic version are identical in 735(c)(1)(B)(i)(I) of the Act, the (CBP) to continue the suspension of content. Department calculated a dumping liquidation of all appropriate entries of DOTP from Korea, as described in Scope of the Investigation margin for the individually investigated exporters/producers of the subject Appendix I of this notice, which were The product covered by this entered, or withdrawn from warehouse, investigation is DOTP from Korea. For a merchandise. Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the for consumption on or after February 3, complete description of the scope of this 2017, the date of publication of the Act, the Department also calculated an investigation, see Appendix I. Preliminary Determination of this estimated ‘‘all-others’’ rate for exporters Analysis of Comments Received investigation in the Federal Register. and producers not individually Further, the Department will instruct All issues raised in the case briefs and investigated. Section 735(c)(5)(A) of the CBP to require a cash deposit equal to rebuttal briefs submitted by interested Act provides that the ‘‘all-others’’ rate the estimated amount by which the parties in this proceeding are discussed shall be an amount equal to the normal value exceeds the U.S. price as in the Issues and Decision weighted average of the estimated shown above. Memorandum. A list of the issues raised weighted-average dumping margins by parties and responded to by the established for individually investigated International Trade Commission Department in the Issues and Decision exporters and producers, excluding any Notification Memorandum is attached at Appendix margins that are zero or de minimis or II. In accordance with section 735(d) of any margins determined entirely under the Act, we will notify the International Verification section 776 of the Act. We calculated Trade Commission (ITC) of the final As provided in section 782(i) of the the all-others rate using a weighted affirmative determination of sales at Tariff Act of 1930, as amended (the Act), average of the dumping margins LTFV. Because the final determination the Department verified the sales and calculated for the mandatory in this proceeding is affirmative, in cost data reported by AKP and LG Chem respondents using each company’s accordance with section 735(b)(2) of the for use in our final determination. We publicly-ranged values for the Act, the ITC will make its final used standard verification procedures, merchandise under consideration, determination as to whether the including an examination of relevant pursuant to section 735(c)(5)(A) of the domestic industry in the United States accounting and production records, and Act, as referenced in the ‘‘Final is materially injured, or threatened with original source documents provided by Determination’’ section below.5 material injury, by reason of imports, or the respondents. sales (or the likelihood of sales) for Final Determination importation of DOTP from Korea no Changes Since the Preliminary The Department determines that the later than 45 days after our final Determination determination. If the ITC determines weighted-average dumping margins to that material injury or threat of material Based on our analysis of the be: comments received and our findings at injury does not exist, the proceeding verification, we made certain changes to will be terminated and all cash deposits the margin calculations for AKP and LG will be refunded. If the ITC determines Chem since the Preliminary 3 See letter from Petitioner, ‘‘Re: Dioctyl that such injury does exist, the Determination. These changes are Terephthalate (‘‘DOTP’’) From Korea; Critical Department will issue an antidumping discussed in the ‘‘Margin Calculations’’ Circumstances Allegation,’’ dated November 15, duty order directing CBP to assess, upon 2016 (Critical Circumstances Allegation). further instruction by the Department, 4 See Preliminary Determination, 82 FR at 9195. 2 See the Department’s memorandum, ‘‘Issues and 5 antidumping duties on all imports of the Decision Memorandum for the Final Determination See memorandum to the file, ‘‘Dioctyl Terephthalate From the Republic of Korea: subject merchandise entered, or in the Antidumping Duty Investigation of Dioctyl withdrawn from warehouse, for Terephthalate From the Republic of Korea,’’ dated Calculation of All-Others’ Rate in the Final concurrently with this notice (Issues and Decision Determination,’’ dated concurrently with this consumption on or after the effective Memorandum). notice. date of the suspension of liquidation.

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Notification Regarding Administrative Comment 1: Whether the Department’s Certificate from State and Federal Protective Orders (APO) Quarterly Cost Methodology Justifies government antitrust actions and from Comparing Sales on a Quarterly Basis private treble damage antitrust actions This notice serves as the only Comment 2: Whether AKP’s Reporting for the export conduct specified in the Supports the Department’s Decision To reminder to parties subject to an APO of Certificate and carried out in their responsibility concerning the Rely on Quarterly Costs for the Final Determination compliance with its terms and disposition of proprietary information conditions. The regulations disclosed under APO in accordance Comment 3: Whether To Adjust the Reported Cost of Purchases of Raw implementing Title III are found at 15 with 19 CFR 351.305(a)(3). Timely Material 2-Ethyl Hexanol (2–EH) CFR part 325 (2015). OTEA is issuing notification of the return or destruction Comment 4: The Structure of AKP’s Paper this notice pursuant to 15 CFR 325.6(b), of APO materials or conversion to Transactions and the Basis for U.S. Price which requires the Secretary of judicial protective order is hereby for AKP’s Channel 3 and 4 Sales Commerce to publish a summary of the requested. Failure to comply with the Comment 5: AKP’s Affiliate’s Financial certification in the Federal Register. Statements and Indirect Selling Expenses regulations and the terms of an APO is Under Section 305(a) of the Act and 15 a violation subject to sanction. Calculation Comment 6: Duty Drawback for AKP’s U.S. CFR 325.11(a), any person aggrieved by This determination and this notice are Sales the Secretary’s determination may, issued and published pursuant to Comment 7: LG Chem’s Duty Drawback within 30 days of the date of this notice, sections 735(d) and 777(i)(1) of the Act. Adjustment bring an action in any appropriate Dated: June 20, 2017. Comment 8: LG Chem’s Constructed Export district court of the United States to set Price (CEP) Offset Gary Taverman, aside the determination on the ground Comment 9: Reported Currency for LG that the determination is erroneous. Deputy Assistant Secretary for Antidumping Chem’s Bank Charges and Countervailing Duty Operations. Comment 10: LG Chem’s General and Description of Certified Conduct Appendix I Administrative Expense (G&A) Ratio CAEA’s Export Trade Certificate of Comment 11: LG Chem’s Raw Material and Scope of the Investigation Variable Overhead Costs Review has been amended to: • The merchandise covered by this VII. Recommendation Remove California Gold Almonds, LLC as a Member investigation is dioctyl terephthalate (DOTP), [FR Doc. 2017–13285 Filed 6–23–17; 8:45 am] regardless of form. DOTP that has been • Change the name of Member BILLING CODE 3510–DS–P blended with other products is included Paramount Farms, Inc. to Wonderful within this scope when such blends include Pistachios & Almonds, LLC constituent parts that have not been DEPARTMENT OF COMMERCE CAEA’s Export Trade Certificate of chemically reacted with each other to Review Membership, as amended, is produce a different product. For such blends, only the DOTP component of the mixture is International Trade Administration listed below: covered by the scope of this investigation. [Application No. 99–11A05] Almonds California Pride, Inc., DOTP that is otherwise subject to this Caruthers, CA investigation is not excluded when Export Trade Certificate of Review Baldwin-Minkler Farms, Orland, CA commingled with DOTP from sources not Blue Diamond Growers, Sacramento, CA subject to this investigation. Commingled ACTION: Notice of Issuance of an Campos Brothers, Caruthers, CA refers to the mixing of subject and non- Amended Export Trade Certificate of Chico Nut Company, Chico, CA subject DOTP. Only the subject component of Review to California Almond Export Del Rio Nut Company, Livingston, CA such commingled products is covered by the Association, LLC (CAEA), Application Fair Trade Corner, Inc., Chico, CA scope of the investigation. No. 99–11A05. Fisher Nut Company, Modesto, CA DOTP has the general chemical Hilltop Ranch, Inc., Ballico, CA formulation C H (C H COO) and a 6 4 8 17 2 SUMMARY: The Secretary of Commerce, chemical name of ‘‘bis (2-ethylhexyl) Hughson Nut, Inc., Hughson, CA terephthalate’’ and has a Chemical Abstract through the Office of Trade and Mariani Nut Company, Winters, CA Service (CAS) registry number of 6422–86–2. Economic Analysis (OTEA), issued an Nutco, LLC d.b.a. Spycher Brothers, Regardless of the label, all DOTP is covered amended Export Trade Certificate of Turlock, CA by this investigation. Review to CAEA on June 12, 2017. A P–R Farms, Inc., Clovis, CA Subject merchandise is currently classified previous amended Export Trade Roche Brothers International Family under subheading 2917.39.2000 of the Certificate of Review was issued to Nut Co., Escalon, CA Harmonized Tariff Schedule of the United CAEA on November 24, 2015, and a RPAC, LLC, Los Banos, CA States (HTSUS). Subject merchandise may notice of its issuance was published in South Valley Almond Company, LLC, also enter under subheadings 2917.39.7000 the Federal Register on December 10, Wasco, CA or 3812.20.1000 of the HTSUS. While the 2015 (80 FR 76663). SunnyGem, LLC, Wasco, CA CAS registry number and HTSUS Western Nut Company, Chico, CA FOR FURTHER INFORMATION CONTACT: classification are provided for convenience Wonderful Pistachios & Almonds, LLC, and customs purposes, the written Joseph Flynn, Director, Office of Trade Los Angeles, CA description of the scope of this investigation and Economic Analysis, International is dispositive. Trade Administration, (202) 482–5131 The effective date of the amended certificate is March 13, 2017, the date on Appendix II (this is not a toll-free number) or email at [email protected]. which CAEA’s application to amend List of Topics Discussed in the Issues and was deemed submitted. SUPPLEMENTARY INFORMATION: Decision Memorandum Title III of the Export Trading Company Act of Dated: June 21, 2017. I. Summary 1982 (15 U.S.C. Sections 4001–21) (the Joseph E. Flynn, II. Background III. Scope of the Investigation Act) authorizes the Secretary of Director, Office of Trade and Economic IV. Final Negative Determination of Critical Commerce to issue Export Trade Analysis, International Trade Administration, Circumstances Certificates of Review. An Export Trade U.S. Department of Commerce. V. Margin Calculations Certificate of Review protects the holder [FR Doc. 2017–13262 Filed 6–23–17; 8:45 am] VI. Discussion of the Issues and the members identified in the BILLING CODE 3510–DR–P

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DEPARTMENT OF COMMERCE annual report to the SBA on the Service (NOS), National Oceanic and program. Atmospheric Administration (NOAA). National Institute of Standards and II. Method of Collection ACTION: Notice; request for public Technology comments. The information will be collected as Proposed Information Collection; part of the application process and will SUMMARY: Pursuant to Executive Order Comment Request; Small Business be submitted either through grants.gov 13795—Implementing an America-First Innovation Research (SBIR) Program or by paper. Offshore Energy Strategy, signed on Application Cover Sheet April 28, 2017, the Department of III. Data Commerce is conducting a review of all AGENCY: National Institute of Standards OMB Control Number: #0693–0072. designations and expansions of National and Technology, Commerce. Form Number(s): None. Marine Sanctuaries and Marine National ACTION: Notice. Type of Review: Extension of a current Monuments since April 28, 2007. The information collection. Secretary of Commerce will use the SUMMARY: The Department of Affected Public: Business or other for review to inform the preparation of a Commerce, as part of its continuing profit. report under Executive Order 13795, effort to reduce paperwork and Estimated Number of Respondents: Sec. 4(b)(ii). This Notice identifies 11 respondent burden, invites the general 150 per year. National Marine Sanctuaries and Marine public and other Federal agencies to Estimated Time per Response: 30 National Monuments subject to the take this opportunity to comment on minutes. review and invites comments to inform proposed and/or continuing information Estimated Total Annual Burden the review. collections, as required by the Hours: 75 hours. Paperwork Reduction Act of 1995. DATES: Written comments must be Estimated Total Annual Cost to submitted no later than July 26, 2017. DATES: Written comments must be Public: $0. submitted on or before August 25, 2017. ADDRESSES: You may submit comments, IV. Request for Comments identified by docket ID NOAA–NOS– ADDRESSES: Direct all written comments Comments are invited on: (a) Whether 2017–0066 by one of the following to Jennifer Jessup, Departmental methods: Paperwork Clearance Officer, the proposed collection of information • is necessary for the proper performance Electronic submissions: Submit all Department of Commerce, Room 6616, electronic public comments via the 14th and Constitution Avenue NW., of the functions of the agency, including whether the information shall have Federal eRulemaking Portal. Go to Washington, DC 20230 (or via the http://www.regulations.gov/ Internet at [email protected]). practical utility; (b) the accuracy of the agency’s estimate of the burden #!docketDetail;D=NOAA-NOS-2017- FOR FURTHER INFORMATION CONTACT: (including hours and cost) of the 0066, click the ‘‘Comment Now!’’ icon, Requests for additional information or proposed collection of information; (c) complete the required fields, and enter copies of the information collection ways to enhance the quality, utility, and or attach your comments. instrument and instructions should be • clarity of the information to be Mail: E.O. 13795 Review, National directed to Mary Clague, NIST SBIR collected; and (d) ways to minimize the Oceanic and Atmospheric Program Office, 100 Bureau Drive, MS burden of the collection of information Administration, Silver Spring Metro 2200, Gaithersburg, MD 20899, 301– on respondents, including through the Campus Building 4 (SSMC4), Eleventh 975–4188, [email protected]. use of automated collection techniques Floor, 1305 East-West Highway, Silver SUPPLEMENTARY INFORMATION: or other forms of information Spring, MD 20910. Instructions: Comments sent by any I. Abstract technology. Comments submitted in response to other method, to any other address or The SBIR program was originally this notice will be summarized and/or individual, or received after the end of established in 1982 by the Small included in the request for OMB the comment period, may not be Business Innovation Development Act approval of this information collection; considered by NOAA. All comments (Pub. L. 97–219), codified at 15 U.S.C. they also will become a matter of public received are a part of the public record 638. It was then expanded and extended record. and will be posted to http:// by the Small Business Research and www.regulations.gov without change. Development (R&D) Enhancement Act Sheleen Dumas, All Personal Identifying Information (for of 1992 (Pub. L. 102–564), and received Departmental PRA Lead, Office of the Chief example, name, address, etc.) subsequent reauthorization and Information Officer. voluntarily submitted by the commenter extensions that include Public Law 112– [FR Doc. 2017–13276 Filed 6–23–17; 8:45 am] may be publicly accessible. Do not 81, extending SBIR through September BILLING CODE 3510–13–P submit confidential business 30, 2022. The US Small Business information or otherwise sensitive or Administration (SBA) serves as the protected information. NOAA will coordinating agency for the SBIR DEPARTMENT OF COMMERCE accept anonymous comments (for program. It directs the agency electronic comments submitted through implementation of SBIR, reviews National Oceanic and Atmospheric the Federal eRulemaking Portal, enter progress, and reports annually to Administration ‘‘N/A’’ in the required fields if you wish to remain anonymous). Congress on its operation. Review of National Marine Sanctuaries The NIST SBIR Cover Sheet is the first and Marine National Monuments FOR FURTHER INFORMATION CONTACT: page of each application that responds Designated or Expanded Since April William Douros, 831–647–1920, to the annual NIST SBIR Federal 28, 2007; Notice of Opportunity for National Oceanic and Atmospheric Funding Opportunity (FFO). The Public Comment Administration, Silver Spring Metro information collected in the Cover Sheet Campus Building 4 (SSMC4), Eleventh provides identifying information and AGENCY: Office of National Marine Floor, 1305 East-West Highway, Silver demographic data for use in NIST’s Sanctuaries (ONMS), National Ocean Spring, MD 20910.

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SUPPLEMENTARY INFORMATION: Executive National Marine Sanctuary or Marine of the Interior, prepare and submit a Order 13795 of April 28, 2017 directs National Monument designation or report on the results of the review to the the Secretary of Commerce to review expansion; Director of the Office of Management National Marine Sanctuaries and Marine (B) An analysis of the adequacy of any and Budget, the Chairman of the National Monuments designated or required Federal, State and tribal Council on Environmental Quality and expanded since April 28, 2007. consultations conducted before the the Assistant to the President for Specifically, section 4(b)(i) of Executive designations or expansions; and Economic Policy within 180 days (by Order 13795 directs the Secretary to (C) The opportunity costs associated October 25, 2017). with potential energy and mineral conduct, in consultation with the exploration and production from the Pursuant to Executive Order 13795, Secretary of Defense, Secretary of the Outer Continental Shelf, in addition to Sec. 4(b), the Department of Commerce’s Interior, and Secretary of Homeland any impacts on production in the review of National Marine Sanctuary Security, a review to include: adjacent region. and Marine National Monument (A) An analysis of the acreage affected The Secretary shall complete this designations and expansions is limited and an analysis of the budgetary review and, in consultation with the to those designations or expansions impacts of the costs of managing each Secretary of Defense and the Secretary listed in the table below.

NATIONAL MARINE SANCTUARIES AND MARINE NATIONAL MONUMENTS UNDER REVIEW PURSUANT TO EO 13795, SEC. 4(b)

Federal Register Name Location Action Date Size in acres citation

Channel Islands National Marine California ...... Expansion ...... May 24, 2007 ... 9,600 72 FR 29,208 (May Sanctuary. 24, 2007). Cordell Bank National Marine California ...... Expansion ...... March 12, 2015 484,480 80 FR 13,078 Sanctuary. (March 12, 2015). Greater Farallones National Ma- California ...... Expansion ...... March 12, 2015 1,288,320 80 FR 13,078 rine Sanctuary. (March 12, 2015). Marianas Trench Marine National Commonwealth of the Northern Designation ..... January 6, 2009 60,938,240 74 FR 1,557 (Janu- Monument. Mariana Islands/Pacific Ocean. ary 12, 2009). Monterey Bay National Marine California ...... Expansion ...... November 20, 496,000 73 FR 70,488 (No- Sanctuary. 2008. vember 20, 2008). National Marine Sanctuary of American Samoa ...... Expansion ...... July 26, 2012 .... 8,691,840 77 FR 43,942 (July American Samoa. 26, 2012). Northeast Canyons and Atlantic Ocean ...... Designation ..... September 15, 3,114,320 81 FR 65,161 Seamounts Marine National 2016. (September 21, Monument. 2016). Pacific Remote Islands Marine Pacific Ocean ...... Designation; January 6, 2009; 55,608,320 74 FR 1,565 (Janu- National Monument. Expansion. September ary 12, 2009); 79 25, 2014. FR 58,645 (Sep- tember 29, 2014). Papaha¯naumokua¯kea Marine Hawaii ...... Expansion ...... August 26, 2016 283,379,840 81 FR 60,227 (Au- National Monument. gust 31, 2016). Rose Atoll Marine National American Samoa ...... Designation ..... January 6, 2009 8,608,640 74 FR 1,577 (Janu- Monument 1. ary 12, 2009). Thunder Bay National Marine Michigan ...... Expansion ...... September 5, 2,465,280 79 FR 52,960 Sanctuary. 2014. (September 5, 2014).

The area of the original designations expansions of the Marine National in conjunction with Department of for the five listed National Marine Monuments indicated above. Commerce’s review under Executive Sanctuaries and Papaha¯naumokua¯kea Under Executive Order 13792— Order 13795. The Department of Marine National Monument are not Review of Designations Under the Commerce will receive a copy of and subject to this review, rather only their Antiquities Act (signed April 26, 2017), consider all public comments submitted respective expansion areas completed in the Department of the Interior is during the Department of the Interior’s the past 10 years. conducting a review of National public comment period for Executive The Department of Commerce seeks Monuments pursuant to a separate set of Order 13792 for Marine National public comments related to the factors (See the Department of the Monuments that are affected by application of factors in Sec. 4(b)(i)(A), Interior’s Federal Register Notice— Executive Orders 13792 and 13795. (B) and (C), as stated in Executive Order Review of Certain National Monuments Accordingly, identical or 13795, to the National Marine Sanctuary Established Since 1996; Notice of substantively similar comments expansions and designation and Opportunity for Public Comment; 82 FR submitted as a part of the Department of 22016, May 11, 2017). The Department the Interior’s public comment period 1 All of Rose Atoll Marine National Monument is of Commerce is collaborating with the should not be re-submitted to the contained within National Marine Sanctuary of Department of the Interior on this Department of Commerce in response to American Samoa. review for Marine National Monuments, this Federal Register notice regarding

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public comment on the factors under without change, including any personal • Whether the collection of Executive Order 13795, Sec. 4(b). identifiers, contact information, or other information described above is Authority: Executive Order 13795. personal information provided, to: necessary for the proper performance of http://www.regulations.gov. Do not the Commission’s functions, including Dated: June 20, 2017. submit confidential business whether the information would have Nicole Le Boeuf, information, trade secret information, or practical utility; Deputy Assistant Administrator For Ocean other sensitive or protected information • Whether the estimated burden of Services and Coastal Management. that you do not want to be available to the proposed collection of information [FR Doc. 2017–13308 Filed 6–23–17; 8:45 am] the public. If furnished at all, such is accurate; • BILLING CODE 3510–NK–P information should be submitted in Whether the quality, utility, and writing. clarity of the information to be collected Docket: For access to the docket to could be enhanced; and • CONSUMER PRODUCT SAFETY read background documents or Whether the burden imposed by the COMMISSION comments received, go to: http:// collection of information could be www.regulations.gov, and insert the minimized by use of automated, [Docket No. CPSC–2010–0112] docket number, CPSC–2010–0112, into electronic or other technological collection techniques, or other forms of Agency Information Collection the ‘‘Search’’ box, and follow the information technology. Activities; Proposed Collection; prompts. Comment Request; Contests, FOR FURTHER INFORMATION CONTACT: Dated: June 21, 2017. Challenges, and Awards Charu Krishnan, Consumer Product Todd A. Stevenson, Safety Commission, 4330 East-West Secretary, Consumer Product Safety AGENCY: Consumer Product Safety Highway, Bethesda, MD 20814; (301) Commission. Commission. 504–7221, or by email to: CKrishnan@ [FR Doc. 2017–13300 Filed 6–23–17; 8:45 am] ACTION: Notice. cpsc.gov. BILLING CODE 6355–01–P SUMMARY: As required by the Paperwork SUPPLEMENTARY INFORMATION: CPSC Reduction Act of 1995, the Consumer seeks to renew the following currently CORPORATION FOR NATIONAL AND Product Safety Commission (CPSC or approved generic collection of COMMUNITY SERVICE Commission) requests comments on a information: proposed extension of approval of a Title: Contests, Challenges, and Proposed Information Collection; generic collection of information for Awards. Comment Request CPSC-sponsored contests, challenges, OMB Number: 3041–0151. and awards approved previously under Type of Review: Renewal of generic AGENCY: Corporation for National and OMB Control No. 3041–0151. The collection. Community Service. Commission will consider all comments Frequency of Response: On occasion. ACTION: Notice. received in response to this notice Affected Public: Contestants, award SUMMARY: before requesting an extension of this nominees, award nominators. The Corporation for National collection of information from the Office Estimated Number of Respondents: and Community Service (CNCS), as part of Management and Budget (OMB). 500 participants annually. In addition, of its continuing effort to reduce 20 participants may be required to paperwork and respondent burden, DATES: Submit written or electronic provide additional information upon conducts a pre-clearance consultation comments on the collection of selection. program to provide the general public information by August 25, 2017. Estimated Time per Response: 5 and federal agencies with an ADDRESSES: You may submit comments, hours/participant. 20 participants may opportunity to comment on proposed identified by Docket No. CPSC–2010– require 2 additional hours each to and/or continuing collections of 0112, by any of the following methods: provide additional information upon information in accordance with the Electronic Submissions: Submit selection. Paperwork Reduction Act of 1995 electronic comments to the Federal Total Estimated Annual Burden: (PRA95). This program helps to ensure eRulemaking Portal at: http:// 2,540 hours (500 participants × 5 hours/ that requested data can be provided in www.regulations.gov. Follow the participant) + (20 participants × 2 the desired format, reporting burden instructions for submitting comments. hours/participant). (time and financial resources) is The Commission does not accept General Description of Collection: The minimized, collection instruments are comments submitted by electronic mail Commission establishes contests, clearly understood, and the impact of (email), except through challenges, and awards to increase the collection requirement on respondents www.regulations.gov. The Commission public’s knowledge and awareness of can be properly assessed. encourages you to submit electronic safety hazards, such as carbon Currently, CNCS is soliciting comments by using the Federal monoxide poisoning. The Commission comments concerning its proposed eRulemaking Portal, as described above. also recognizes those individuals, firms, renewal of the Award Transfer forms: Written Submissions: Submit written and organizations that work to address Request to Transfer a Segal Education submissions in the following way: mail/ issues related to consumer product Award Amount, Accept/Decline Award hand delivery/courier to: Office of the safety through awards. Transfer Form, Request to Revoke Secretary, Consumer Product Safety Transfer of Education Award Form, and Commission, Room 820, 4330 East-West Request for Comments Rescind Acceptance of Award Transfer Highway, Bethesda, MD 20814; The Commission solicits written Form. These forms enable AmeriCorps telephone (301) 504–7923. comments from all interested persons members and recipients to meet the Instructions: All submissions received about the proposed collection of legal requirements of the award transfer must include the agency name and information. The Commission process. docket number for this notice. All specifically solicits information relevant Copies of the information collection comments received may be posted to the following topics: request can be obtained by contacting

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the office listed in the ADDRESSES Current Action and/or continuing collections of section of this Notice. CNCS seeks to renew the current information in accordance with the DATES: Written comments must be information. Except to add the Paperwork Reduction Act of 1995 submitted to the individual and office categories of stepchild and step (PRA95). This program helps to ensure listed in the ADDRESSES section by grandchild to the list of qualified that requested data can be provided in August 25, 2017. recipients of the award transfer, only the desired format, reporting burden ADDRESSES: You may submit comments, slight formatting and editing changes (time and financial resources) is identified by the title of the information have been made. minimized, collection instruments are collection activity, by any of the The information collection will clearly understood, and the impact of following methods: otherwise be used in the same manner collection requirement on respondents (1) By mail sent to: Corporation for as the existing application. CNCS also can be properly assessed. National and Community Service, seeks to continue using the current Currently, CNCS is soliciting National Service Trust, Attention: Nahid application until the revised application comments concerning its proposed Jarrett, 250 E St. SW., Washington, DC is approved by OMB. The current renewal of the following proposed 20525. application is due to expire on Generic Information Collection Request (2) By hand delivery or by courier to September 30, 2017. (Generic ICR): ‘‘Generic Clearance for the CNCS mailroom at the mail address Type of Review: Renewal. the Collection of Qualitative Feedback given in paragraph (1) above, between Agency: Corporation for National and on Agency Service Delivery’’ for 9:00 a.m. and 4:00 p.m. Eastern Time, Community Service. approval under the Paperwork Monday through Friday, except Federal Title: Request to Transfer a Segal Reduction Act (PRA). This collection holidays. Education Award Amount, Accept/ was developed as part of a Federal (3) Electronically through Decline Award. Government-wide effort to streamline www.regulations.gov. OMB Number: 3045–0136. the process for seeking feedback from Individuals who use a Agency Number: None. the public on service delivery. This telecommunications device for the deaf Affected Public: AmeriCorps members notice announces our intent to submit (TTY–TDD) may call 1–800–833–3722 with eligible education awards and this collection to OMB for approval and between 8:00 a.m. and 8:00 p.m. Eastern qualified recipients. solicits comments on specific aspects Time, Monday through Friday. Total Respondents: 1420. for the proposed information collection. Copies of the information collection FOR FURTHER INFORMATION CONTACT: Frequency: Annually. Nahid Jarrett, 202–606–6753, or by Average Time per Response: Averages request can be obtained by contacting email at [email protected]. 5 minutes. the office listed in the Addresses section of this Notice or on SUPPLEMENTARY INFORMATION: Estimated Total Burden Hours: CNCS is www.regulations.gov. particularly interested in comments 118.33. that: Total Burden Cost (capital/startup): DATES: Written comments must be • Evaluate whether the proposed None. submitted to the individual and office collection of information is necessary Total Burden Cost (operating/ listed in the ADDRESSES section by for the proper performance of the maintenance): None. August 25, 2017. functions of CNCS, including whether Comments submitted in response to ADDRESSES: You may submit comments, the information will have practical this notice will be summarized and/or identified by the title of the information utility; included in the request for Office of collection activity, by any of the • Evaluate the accuracy of the Management and Budget approval of the following methods: agency’s estimate of the burden of the information collection request; they will (1) By mail sent to: Corporation for proposed collection of information, also become a matter of public record. National and Community Service; including the validity of the Dated: June 20, 2017. Attention Amy Borgstrom; 250 E Street methodology and assumptions used; Jerry Prentice, SW., Washington, DC 20525. • Enhance the quality, utility, and (2) By hand delivery or by courier to Deputy Director of Trust Operations. clarity of the information to be the CNCS mailroom at the address collected; and [FR Doc. 2017–13261 Filed 6–23–17; 8:45 am] above between 9:00 a.m. and 4:00 p.m. • Minimize the burden of the BILLING CODE 6050–28–P Eastern Time, Monday through Friday, collection of information on those who except federal holidays. are expected to respond, including the (3) Electronically through CORPORATION FOR NATIONAL AND use of appropriate automated, www.regulations.gov. COMMUNITY SERVICE electronic, mechanical, or other Individuals who use a technological collection techniques or Proposed Information Collection; telecommunications device for the deaf other forms of information technology Comment Request (TTY–TDD) may call 1–800–833–3722 (e.g., permitting electronic submissions between 8:00 a.m. and 8:00 p.m. Eastern of responses). AGENCY: Corporation for National and Time, Monday through Friday. Community Service. Comments submitted in response to Background ACTION: Notice. this Notice may be made available to the AmeriCorps members may offer to public through www.regulations.gov. transfer all or part of their qualified SUMMARY: The Corporation for National For this reason, please do not include in education awards to certain family and Community Service (CNCS), as part your comments information of a members. Provision is made to accept of its continuing effort to reduce confidential nature, such as sensitive the transfer or not, to rescind acceptance paperwork and respondent burden, personal information or proprietary or revoke the transfer. These processes conducts a pre-clearance consultation information. If you send an email are implemented electronically where program to provide the general public comment, your email address will be possible but paper forms are available if and federal agencies with an automatically captured and included as necessary. opportunity to comment on proposed part of the comment that is placed in the

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public docket and made available on the Agency and its customers and sampling frame, the sample design Internet. Please note that responses to stakeholders. It will also allow feedback (including stratification and clustering), this public comment request containing to contribute directly to the the precision requirements or power any routine notice about the improvement of program management. calculations that justify the proposed confidentiality of the communication The solicitation of feedback will target sample size, the expected response rate, will be treated as public comments that areas such as: Timeliness, methods for assessing potential non- may be made available to the public appropriateness, accuracy of response bias, the protocols for data notwithstanding the inclusion of the information, courtesy, efficiency of collection, and any testing procedures routine notice. service delivery, and resolution of that were or will be undertaken prior to FOR FURTHER INFORMATION CONTACT: issues with service delivery. Responses fielding the study. Depending on the Amy Borgstrom, 202–606–6930, or by will be assessed to plan and inform degree of influence the results are likely email at [email protected]. efforts to improve or maintain the to have, such collections may still be quality of service offered to the public. eligible for submission for other generic SUPPLEMENTARY INFORMATION: CNCS is If this information is not collected, vital particularly interested in comments mechanisms that are designed to yield feedback from customers and that: quantitative results. stakeholders on the Agency’s services As a general matter, information • Evaluate whether the proposed will be unavailable. collections will not result in any new collection of information is necessary CNCS will only submit a collection system of records containing privacy for the proper performance of the for approval under this generic information and will not ask questions functions of CNCS, including whether clearance if it meets the following of a sensitive nature, such as sexual the information will have practical conditions: behavior and attitudes, religious beliefs, utility; • The collections are voluntary; and other matters that are commonly • Evaluate the accuracy of the • The collections are low-burden for considered private. agency’s estimate of the burden of the respondents (based on considerations of The information collection will be proposed collection of information, total burden hours, total number of used in the same manner as the current including the validity of the respondents, or burden-hours per information collection. methodology and assumptions used; respondent) and are low-cost for both • Type of Review: Renewal. Enhance the quality, utility, and the respondents and the Federal Agency: Corporation for National and clarity of the information to be Government; Community Service. collected; and • The collections are non- • Title: Generic Clearance for the Minimize the burden of the controversial and do not raise issues of Collection of Qualitative Feedback on collection of information on those who concern to other Federal agencies; Agency Service Delivery. are expected to respond, including the • Any collection is targeted to the OMB Number: 3045–0137. use of appropriate automated, solicitation of opinions from Agency Number: None. electronic, mechanical, or other respondents who have experience with Affected Public: Individuals and technological collection techniques or the program or may have experience Households; Businesses and other forms of information technology with the program in the near future; Organizations; State, Local or Tribal (e.g., permitting electronic submissions • Personally identifiable information Governments. of responses). (PII) is collected only to the extent Total Respondents: 10,000. Background necessary and is not retained; Frequency: Once. • Information gathered will be used Average Time per Response: Averages CNCS seeks to continue to use this only internally for general service 10 minutes. information collection to seek feedback improvement and program management Estimated Total Burden Hours: 1,667 on the agency’s service delivery from purposes and is not intended for release hours. grantees and other stakeholders. outside of the agency; Total Burden Cost (capital/startup): • Information gathered will not be Current Action None. used for the purpose of substantially Total Burden Cost (operating/ The proposed information collection informing influential policy decisions; maintenance): None. activity provides a means to elicit and qualitative customer and stakeholder • Information gathered will yield Request for Comments feedback in an efficient, timely manner, qualitative information; the collections Comments submitted in response to in accordance with the Administration’s will not be designed or expected to this notice will be summarized and/or commitment to improving service yield statistically reliable results or used included in the request for OMB delivery. By qualitative feedback we as though the results are generalizable to approval. Comments are invited on: (a) mean information that provides useful the population of study. Whether the collection of information is insights on perceptions and opinions, Feedback collected under this generic necessary for the proper performance of but are not statistical surveys that yield clearance provides useful information, the functions of the agency, including quantitative results that can be but it does not yield data that can be whether the information shall have generalized to the population of study. generalized to the overall population. practical utility; (b) the accuracy of the This feedback will provide insights into This type of generic clearance for agency’s estimate of the burden of the customer or stakeholder perceptions, qualitative information will not be used collection of information; (c) ways to experiences and expectations, provide for quantitative information collections enhance the quality, utility, and clarity an early warning of issues with service, that are designed to yield reliably of the information to be collected; (d) or focus attention on areas where actionable results, such as monitoring ways to minimize the burden of the communication, training or changes in trends over time or documenting collection of information on operations might improve delivery of program performance. Such data uses respondents, including through the use products or services. These collections require more rigorous designs that of automated collection techniques or will allow for ongoing, collaborative and address: The target population to which other forms of information technology; actionable communications between the generalizations will be made, the and (e) estimates of capital or start-up

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costs and costs of operation, Department of Energy (DOE) pursuant to regulations thereunder require DOE to maintenance, and purchase of services § 201(d) of the Powerplant and publish a notice of filing of self- to provide information. Burden means Industrial Fuel Use Act of 1978 (FUA), certification in the Federal Register. the total time, effort, or financial as amended, and DOE regulations in 10 ADDRESSES: Copies of coal capability resources expended by persons to CFR 501.60, 61. The FUA and self-certification filings are available for generate, maintain, retain, disclose or regulations thereunder require DOE to public inspection, upon request, in the provide information to or for a Federal publish a notice of filing of self- Office of Electricity Delivery and Energy agency. This includes the time needed certification in the Federal Register. 42 Reliability, Mail Code OE–20, Room to review instructions; to develop, U.S.C. 8311(d) and 10 CFR 501.61(c). 8G–024, Forrestal Building, 1000 acquire, install and utilize technology Title II of FUA, as amended (42 U.S.C. Independence Avenue SW., and systems for the purpose of 8301 et seq.), provides that no new base Washington, DC 20585. collecting, validating and verifying load electric powerplant may be FOR FURTHER INFORMATION CONTACT: information, processing and constructed or operated without the Christopher Lawrence at (202) 586– maintaining information, and disclosing capability to use coal or another 5260. and providing information; to train alternate fuel as a primary energy SUPPLEMENTARY INFORMATION: On May 5, personnel and to be able to respond to source. Pursuant to the FUA, in order to 2017, St. Joseph Energy Center, LLC, as a collection of information, to search meet the requirement of coal capability, owner and operator of a new baseload data sources, to complete and review the owner or operator of such a facility electric generating powerplant, the collection of information; and to proposing to use natural gas or submitted a coal capability self- transmit or otherwise disclose the petroleum as its primary energy source certification to the Department of information. shall certify to the Secretary of Energy Energy (DOE) pursuant to § 201(d) of the Dated: June 19, 2017. (Secretary) prior to construction, or Powerplant and Industrial Fuel Use Act Mary Hyde, prior to operation as a base load electric of 1978 (FUA), as amended, and DOE powerplant, that such powerplant has Deputy Director, Research and Evaluation. regulations in 10 CFR 501.60, 61. The the capability to use coal or another FUA and regulations thereunder require [FR Doc. 2017–13237 Filed 6–23–17; 8:45 am] alternate fuel. Such certification BILLING CODE 6050–28–P DOE to publish a notice of filing of self- establishes compliance with FUA certification in the Federal Register. 42 section 201(a) as of the date it is filed U.S.C. 8311(d) and 10 CFR 501.61(c). with the Secretary. 42 U.S.C. 8311. DEPARTMENT OF ENERGY Title II of FUA, as amended (42 U.S.C. The following owner of a proposed 8301 et seq.), provides that no new base [Certification Notice—248] new baseload electric generating load electric powerplant may be powerplant has filed a self-certification constructed or operated without the Notice of Filing of Self-Certification of of coal-capability with DOE pursuant to capability to use coal or another Coal Capability Under the Powerplant FUA section 201(d) and in accordance alternate fuel as a primary energy and Industrial Fuel Use Act with DOE regulations in 10 CFR 501.60, source. Pursuant to the FUA, in order to 61: meet the requirement of coal capability, AGENCY: Office of Electricity Delivery Owner: PSEG Fossil, LLC and Energy Reliability, DOE. the owner or operator of such a facility Capacity: 485 megawatts (MW) proposing to use natural gas or ACTION: Plant Location: Bridgeport, CT 06604 Notice of filing. petroleum as its primary energy source In-Service Date: June 1, 2019 SUMMARY: On April 24, 2017, PSEG shall certify to the Secretary of Energy Fossil, LLC, as owner and operator of a Issued in Washington, DC, on May 12, (Secretary) prior to construction, or 2017. new baseload electric generating prior to operation as a base load electric powerplant, submitted a coal capability Christopher Lawrence, powerplant, that such powerplant has self-certification to the Department of Electricity Policy Analyst, Office of Electricity the capability to use coal or another Energy (DOE) pursuant to § 201(d) of the Delivery Energy Reliability. alternate fuel. Such certification Powerplant and Industrial Fuel Use Act [FR Doc. 2017–13294 Filed 6–23–17; 8:45 am] establishes compliance with FUA of 1978 (FUA), as amended, and DOE BILLING CODE 6450–01–P section 201(a) as of the date it is filed regulations. The FUA and regulations with the Secretary. 42 U.S.C. 8311. thereunder require DOE to publish a The following owner of a proposed DEPARTMENT OF ENERGY notice of filing of self-certification in the new baseload electric generating Federal Register. powerplant has filed a self-certification Certification Notice—249; Notice of of coal-capability with DOE pursuant to ADDRESSES: Copies of coal capability Filing of Self-Certification of Coal FUA section 201(d) and in accordance self-certification filings are available for Capability Under the Powerplant and with DOE regulations in 10 CFR 501.60, public inspection, upon request, in the Industrial Fuel Use Act 61: Office of Electricity Delivery and Energy Owner: St. Joseph Energy Center, LLC. Reliability, Mail Code OE–20, Room AGENCY: Office of Electricity Delivery and Energy Reliability, DOE. Capacity: 750 megawatts (MW). 8G–024, Forrestal Building, 1000 Plant Location: New Carlisle, IN Independence Avenue SW., ACTION: Notice of filing. 46552. Washington, DC 20585. SUMMARY: On May 5, 2017, St. Joseph In-Service Date: Approximately FOR FURTHER INFORMATION CONTACT: Energy Center, LLC, as owner and March 24, 2018. Christopher Lawrence at (202) 586– operator of a new baseload electric Issued in Washington, DC, on June 13, 5260. generating powerplant, submitted a coal 2017. SUPPLEMENTARY INFORMATION: On April capability self-certification to the Christopher Lawrence, 24, 2017, PSEG Fossil, LLC, as owner Department of Energy (DOE) pursuant to Electricity Policy Analyst, Office of Electricity and operator of a new baseload electric the Powerplant and Industrial Fuel Use Delivery and Energy Reliability. generating powerplant, submitted a coal Act of 1978 (FUA), as amended, and [FR Doc. 2017–13290 Filed 6–23–17; 8:45 am] capability self-certification to the DOE regulations. The FUA and BILLING CODE 6450–01–P

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DEPARTMENT OF ENERGY should file a comment or protest to the DATES: Comments, protests, or motions application at the address provided to intervene must be submitted on or [OE Docket No. EA–436] above. Protests should be filed in before July 26, 2017. Application to Export Electric Energy; accordance with Rule 211 of the Federal ADDRESSES: Comments, protests, MAG Energy Solutions, Inc. Energy Regulatory Commission’s (FERC) motions to intervene, or requests for Rules of Practice and Procedures (18 more information should be addressed AGENCY: Office of Electricity Delivery CFR 385.211). Any person desiring to to: Office of Electricity Delivery and and Energy Reliability, DOE. become a party to these proceedings Energy Reliability, Mail Code: OE–20, ACTION: Notice of application. should file a motion to intervene at the U.S. Department of Energy, 1000 above address in accordance with FERC Independence Avenue SW., SUMMARY: MAG Energy Solutions, Inc. Rule 214 (18 CFR 385.214). Five copies Washington, DC 20585–0350. Because (Applicant or MAG) has applied for of such comments, protests, or motions of delays in handling conventional mail, authority to transmit electric energy to intervene should be sent to the it is recommended that documents be from the United States to Mexico address provided above on or before the transmitted by overnight mail, by pursuant to section 202(e) of the Federal date listed above. electronic mail to Electricity.Exports@ Power Act. Comments and other filings hq.doe.gov, or by facsimile to 202–586– DATES: Comments, protests, or motions concerning MAG’s application to export 8008. electric energy to Mexico should be to intervene must be submitted on or SUPPLEMENTARY INFORMATION: clearly marked with OE Docket No. EA– Exports of before July 26, 2017. electricity from the United States to a ADDRESSES: Comments, protests, 436. An additional copy is to be provided to both Ruta Kalvaitis Skucˇas, foreign country are regulated by the motions to intervene, or requests for Department of Energy (DOE) pursuant to more information should be addressed Pierce Atwood LLC, 1875 K St., Suite 700, Washington, DC 20006 and Simon sections 301(b) and 402(f) of the to: Office of Electricity Delivery and Department of Energy Organization Act Energy Reliability, Mail Code: OE–20, Pelletier, CEO, MAG Energy Solutions Inc., 999 de Maisonneuve Boulevard (42 U.S.C. 7151(b), 7172(f)) and require U.S. Department of Energy, 1000 authorization under section 202(e) of Independence Avenue SW., West, Suite 875, Montreal, Quebec H3A 3L4. the Federal Power Act (16 U.S.C. Washington, DC 20585–0350. Because A final decision will be made on this 824a(e)). of delays in handling conventional mail, application after the environmental On August 18, 2012, DOE issued it is recommended that documents be impacts have been evaluated pursuant Order No. EA–210–C to PPL Energy transmitted by overnight mail, by to DOE’s National Environmental Policy Plus, LLC, which authorized the electronic mail to Electricity.Exports@ Act Implementing Procedures (10 CFR Applicant to transmit electric energy hq.doe.gov, or by facsimile to 202–586– part 1021) and after a determination is from the United States to Canada as a 8008. made by DOE that the proposed action power marketer for a five-year term SUPPLEMENTARY INFORMATION: Exports of will not have an adverse impact on the using existing international electricity from the United States to a sufficiency of supply or reliability of the transmission facilities. On October 16, foreign country are regulated by the U.S. electric power supply system. 2015, PPL Energy Plus, LLC changed its Department of Energy (DOE) pursuant to Copies of this application will be name to Talen Energy Marketing, LLC in sections 301(b) and 402(f) of the made available, upon request, for public Order No. EA–210–D. That authority Department of Energy Organization Act inspection and copying at the address expires on August 18, 2017. On May 5, (42 U.S.C. 7151(b), 7172(f)) and require provided above, by accessing the 2017, Talen Energy filed an application authorization under section 202(e) of program Web site at http://energy.gov/ with DOE for renewal of the export the Federal Power Act (16 U.S.C. node/11845, or by emailing Angela Troy authority contained in Order No. EA– 824a(e)). at [email protected]. 210 for an additional five-year term. On April 25, 2017, DOE received an In its application, Talen Energy states Issued in Washington, DC, on May 10, application from MAG for authority to 2017. that it does not own or operate any transmit electric energy from the United electric generation or transmission Christopher Lawrence, States to Mexico as a power marketer for facilities, and it does not have a a five-year term using existing Electricity Policy Analyst, Office of Electricity franchised service area. The electric Delivery and Energy Reliability. international transmission facilities. energy that Talen Energy proposes to In its application, MAG states that it [FR Doc. 2017–13284 Filed 6–23–17; 8:45 am] export to Canada would be surplus does not own or control any electric BILLING CODE 6450–01–P energy purchased from third parties generation or transmission facilities, such as electric utilities and Federal and it does not have a franchised service DEPARTMENT OF ENERGY power marketing agencies pursuant to area. The electric energy that MAG voluntary agreements. The existing proposes to export to Mexico would be [OE Docket No. EA–210–E] international transmission facilities to surplus energy purchased from third be utilized by Talen Energy have parties such as electric utilities and Application To Export Electric Energy; previously been authorized by Federal power marketing agencies Talen Energy Marketing, LLC Presidential Permits issued pursuant to pursuant to voluntary agreements. The AGENCY: Office of Electricity Delivery Executive Order 10485, as amended, existing international transmission and Energy Reliability, DOE. and are appropriate for open access facilities to be utilized by the Applicant ACTION: Notice of application. transmission by third parties. have previously been authorized by Procedural Matters: Any person Presidential Permits issued pursuant to SUMMARY: Talen Energy Marketing, LLC desiring to be heard in this proceeding Executive Order 10485, as amended, (Applicant or Talen Energy) has applied should file a comment or protest to the and are appropriate for open access to renew its authority to transmit application at the address provided transmission by third parties. electric energy from the United States to above. Protests should be filed in Procedural Matters: Any person Canada pursuant to the Federal Power accordance with Rule 211 of the Federal desiring to be heard in this proceeding Act. Energy Regulatory Commission’s (FERC)

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Rules of Practice and Procedures (18 applied to renew its authority to Procedural Matters: Any person CFR 385.211). Any person desiring to transmit electric energy from the United desiring to be heard in this proceeding become a party to these proceedings States to Canada pursuant to the Federal should file a comment or protest to the should file a motion to intervene at the Power Act. application at the address provided above address in accordance with FERC DATES: Comments, protests, or motions above. Protests should be filed in Rule 214 (18 CFR 385.214). Five copies to intervene must be submitted on or accordance with Rule 211 of the Federal of such comments, protests, or motions before July 26, 2017. Energy Regulatory Commission’s (FERC) to intervene should be sent to the ADDRESSES: Comments, protests, Rules of Practice and Procedures (18 address provided above on or before the motions to intervene, or requests for CFR 385.211). Any person desiring to date listed above. more information should be addressed become a party to these proceedings Comments and other filings to: Office of Electricity Delivery and should file a motion to intervene at the concerning Talen Energy’s application Energy Reliability, Mail Code: OE–20, above address in accordance with FERC to export electric energy to Canada U.S. Department of Energy, 1000 Rule 214 (18 CFR 385.214). Five copies should be clearly marked with OE Independence Avenue SW., of such comments, protests, or motions Docket No. EA–210–E. An additional Washington, DC 20585–0350. Because to intervene should be sent to the copy is to be provided directly to both of delays in handling conventional mail, address provided above on or before the Sandra Rizzo, Arnold & Porter Kaye it is recommended that documents be date listed above. Scholer LLP, 601 Massachusetts Ave. transmitted by overnight mail, by Comments and other filings NW., Washington, DC 20001 and Debra electronic mail to Electricity.Exports@ L. Raggio, Talen Energy Corporation, concerning Rainbow’s application to hq.doe.gov, or by facsimile to 202–586– export electric energy to Canada should 117 Oronoco Street, Alexandria, VA 8008. 22302. be clearly marked with OE Docket No. SUPPLEMENTARY INFORMATION: A final decision will be made on this Exports of EA–296–C. An additional copy is to be application after the environmental electricity from the United States to a provided directly to Joseph A. Wolfe, impacts have been evaluated pursuant foreign country are regulated by the Rainbow Energy Marketing Corporation, to DOE’s National Environmental Policy Department of Energy (DOE) pursuant to Kirkwood Office Tower, 919 South 7th Act Implementing Procedures (10 CFR sections 301(b) and 402(f) of the Street, Suite 405, Bismarck, ND 58504. Department of Energy Organization Act part 1021) and after a determination is A final decision will be made on this made by DOE that the proposed action (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of application after the environmental will not have an adverse impact on the impacts have been evaluated pursuant sufficiency of supply or reliability of the the Federal Power Act (16 U.S.C. 824a(e)). to DOE’s National Environmental Policy U.S. electric power supply system. Act Implementing Procedures (10 CFR Copies of this application will be On September 20, 2012, DOE issued part 1021) and after a determination is made available, upon request, for public Order No. EA–296–B to Rainbow, which made by DOE that the proposed action inspection and copying at the address authorized the Applicant to transmit will not have an adverse impact on the provided above, by accessing the electric energy from the United States to sufficiency of supply or reliability of the program Web site at http://energy.gov/ Canada as a power marketer for a five- U.S. electric power supply system. node/11845, or by emailing Angela Troy year term using existing international at [email protected]. transmission facilities. That authority Copies of this application will be expires on September 18, 2017. On May made available, upon request, for public Issued in Washington, DC, on May 31, 25, 2017, Rainbow filed an application 2017. inspection and copying at the address with DOE for renewal of the export Christopher Lawrence, provided above, by accessing the authority contained in Order No. EA– program Web site at http://energy.gov/ Electricity Policy Analyst, Office of Electricity 296 for an additional five-year term. Delivery and Energy Reliability. node/11845, or by emailing Angela Troy In its application, Rainbow states that at [email protected]. [FR Doc. 2017–13291 Filed 6–23–17; 8:45 am] it does not own or operate any electric BILLING CODE 6450–01–P generation or transmission facilities, Issued in Washington, DC, on June 8, 2017. and it does not have a franchised service Christopher Lawrence, area. The electric energy that Rainbow Electricity Analyst, Office of Electricity DEPARTMENT OF ENERGY proposes to export to Canada would be Delivery and Energy Reliability. [OE Docket No. EA–296–C] surplus energy purchased from third [FR Doc. 2017–13295 Filed 6–23–17; 8:45 am] parties such as electric utilities and BILLING CODE 6450–01–P Application to Export Electric Energy; Federal power marketing agencies Rainbow Energy Marketing pursuant to voluntary agreements. The Corporation existing international transmission DEPARTMENT OF ENERGY AGENCY: Office of Electricity Delivery facilities to be utilized by Rainbow have and Energy Reliability, DOE. previously been authorized by Orders Granting Authority To Import and Export Natural Gas, To Import and ACTION: Notice of application. Presidential Permits issued pursuant to Executive Order 10485, as amended, Export Liquefied Natural Gas, and SUMMARY: Rainbow Energy Marketing and are appropriate for open access Vacating Prior Authorization During Corporation (Applicant or Rainbow) has transmission by third parties. April 2017

FE Docket Nos.

DOWNEAST LNG, INC ...... 14–172–LNG 14–173–LNG GOLDEN PASS PRODUCTS LLC ...... 12–156–LNG NOBLE AMERICAS GAS & POWER CORP ...... 17–36–NG MIECO INC ...... 17–33–NG STATOIL NATURAL GAS LLC ...... 17–34–LNG

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FE Docket Nos.

TRANS-PECOS PIPELINE, LLC ...... 17–40–NG ENCANA MARKETING (USA) INC ...... 17–41–NG WORLD FUEL SERVICES, INC ...... 17–46–NG EL PASO MARKETING COMPANY, L.L.C ...... 17–44–NG OKRA ENERGY, LLC ...... 16–188–LNG COMANCHE TRAIL PIPELINE, LLC ...... 17–39–NG BP WEST COAST PRODUCTS LLC ...... 17–42–NG GAZ METRO SOLUTIONS TRANSPORT LP ...... 17–35–LNG PACIFICORP ...... 17–32–NG GIGO TRANSPORT, INC ...... 17–37–NG 15–105–NG OMIMEX CANADA, LTD ...... 17–45–NG ENGIE ENERGY MARKETING NA, INC ...... 17–38–NG 16–161–NG

AGENCY: Office of Fossil Energy, and may be found on the FE Web site open between the hours of 8:00 a.m. and Department of Energy. at http://energy.gov/fe/listing-doefe- 4:30 p.m., Monday through Friday, ACTION: Notice of orders. authorizationsorders-issued-2017. except Federal holidays. They are also available for inspection Issued in Washington, DC, on June 20, SUMMARY: The Office of Fossil Energy and copying in the U.S. Department of 2017. (FE) of the Department of Energy gives Energy (FE–34), Division of Natural Gas John A. Anderson, notice that during April 2017, it issued Regulation, Office of Regulation and Director, Office of Regulation and orders granting authority to import and International Engagement, Office of International Engagement, Office of Oil and export natural gas, to import and export Fossil Energy, Docket Room 3E–033, Natural Gas. liquefied natural gas (LNG), and Forrestal Building, 1000 Independence vacating authority. These orders are Avenue SW., Washington, DC 20585, APPENDIX summarized in the attached appendix (202) 586–9478. The Docket Room is

DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS

3600–A ...... 04/21/17 14–172–LNG Downeast LNG, Inc ...... Order 3600–A granting request to vacate Long-term, Multi- 14–173–LNG contract authority to export LNG by vessel to Free trade Agreement Nations and to withdraw Application to export LNG by vessel to Non-free Trade Agreement Nations. 3978 ...... 04/25/17 12–156–LNG Golden Pass Products LLC ... Opinion and Order 3978 granting Long-term, Multi-contract authority to export LNG by vessel from the Golden Pass LNG Terminal located in Jefferson County, Texas, to Non-free Trade Agreement Nations. 4012 ...... 04/17/17 17–36–NG ..... Noble Americas Gas & Power Order 4012 granting blanket authority to import/export nat- Corp. ural gas from/to Canada/Mexico. 4013 ...... 04/17/17 17–33–NG ..... Mieco Inc ...... Order 4013 granting blanket authority to import/export nat- ural gas from/to Canada. 4014 ...... 04/17/17 17–34–LNG ... Statoil Natural Gas LLC ...... Order 4014 granting blanket authority to import LNG from international sources by vessel. 4015 ...... 04/17/17 17–40–NG ..... Trans-Pecos Pipeline, LLC .... Order 4015 granting blanket authority to import/export nat- ural gas from/to Mexico. 4016 ...... 04/17/17 17–41–NG ..... Encana Marketing (USA) Inc Order 4016 granting blanket authority to import/export nat- ural gas from/to Canada/Mexico. 4017 ...... 04/17/17 17–46–NG ..... World Fuel Services, Inc ...... Order 4017 granting blanket authority to import/export nat- ural gas from/to Canada/Mexico. 4018 ...... 04/17/17 17–44–NG ..... El Paso Marketing Company, Order 4018 granting blanket authority to import/export nat- L.L.C. ural gas from/to Canada/Mexico. 4019 ...... 04/18/17 16–188–LNG Okra Energy, LLC ...... Order 4019 granting blanket authority to export LNG in ISO Containers loaded at a Proposed LNG Plant In Southern Alabama and exported by barge or vessel to Free Trade Agreement Countries in the Caribbean and Latin America. 4020 ...... 04/17/17 17–39–NG ..... Comanche Trail Pipeline, LLC Order 4020 granting blanket authority to import/export nat- ural gas from/to Mexico. 4021 ...... 04/17/17 17–42–NG ..... BP West Coast Products LLC Order 4021 granting blanket authority to import/export nat- ural gas from/to Canada. 4022 ...... 04/18/17 17–35–LNG ... Gaz Metro Solutions Trans- Order 4022 granting blanket authority to import LNG from port LP. Canada by Truck. 4023 ...... 04/18/17 17–32–NG ..... PacifiCorp ...... Order 4023 granting blanket authority to import/export nat- ural gas from/to Canada. 4024 ...... 04/18/17 17–37–NG ..... GIGO Transport, Inc ...... Order 4024 granting blanket authority to import/export nat- 15–105–NG ... ural gas from/to Canada/Mexico and to export natural gas to Mexico, and vacating prior authorization. 4025 ...... 04/20/17 17–45–NG ..... Omimex Canada, Ltd ...... Order 4025 granting blanket authority to import/export nat- ural gas from/to Canada/Mexico, and to import LNG from various international sources by vessel.

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DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued 4026 ...... 04/20/17 17–38–NG ..... ENGIE Energy Marketing NA, Order 4026 granting blanket authority to export natural gas 16–161–NG ... Inc. to Mexico, vacating prior authorization, and name change.

[FR Doc. 2017–13233 Filed 6–23–17; 8:45 am] clicking on the appropriate link in the Filed Date: 06/19/2017. BILLING CODE 6450–01–P above list. They are also available for Accession Number: 20170619–5151. electronic review in the Commission’s Public Reference Room in Washington, Comment Date: 5:00 p.m. Eastern DEPARTMENT OF ENERGY DC. There is an eSubscription link on Time on Monday, June 26, 2017. the Web site that enables subscribers to Docket Numbers: RP17–834–000. Federal Energy Regulatory receive email notification when a Applicants: El Paso Natural Gas Commission document is added to a subscribed Company, L.L.C. [Docket No. ER17–1778–000] docket(s). For assistance with any FERC Online service, please email Description: El Paso Natural Gas HD Project One LLC; Supplemental [email protected]. or call Company, L.L.C. submits tariff filing per Notice That Initial Market-Based Rate (866) 208–3676 (toll free). For TTY, call 154.601: Negotiated Rate Agreement Filing Includes Request for Blanket (202) 502–8659. Update (Pioneer July–Sept 2017) to be effective 7/1/2017. Section 204 Authorization Dated: June 20, 2017. This is a supplemental notice in the Nathaniel J. Davis, Sr., Filed Date: 06/20/2017. above-referenced proceeding of HD Deputy Secretary. Accession Number: 20170620–5140. Project One LLC‘s application for [FR Doc. 2017–13268 Filed 6–23–17; 8:45 am] Comment Date: 5:00 p.m. Eastern market-based rate authority, with an BILLING CODE 6717–01–P Time on Monday, July 3, 2017. accompanying rate tariff, noting that such application includes a request for Docket Numbers: RP17–835–000. blanket authorization, under 18 CFR DEPARTMENT OF ENERGY Applicants: Constellation Energy part 34, of future issuances of securities Services, Inc., Constellation Energy and assumptions of liability. Federal Energy Regulatory Services—Natural,CNE Gas Supply, Any person desiring to intervene or to Commission LLC. protest should file with the Federal Energy Regulatory Commission, 888 Combined Notice of Filings Description: Petition for Temporary Waivers of Capacity Release Regulations First Street NE., Washington, DC 20426, June 21, 2017. in accordance with Rules 211 and 214 and Policies of Constellation Energy Take notice that the Commission has Services, Inc., et al. of the Commission’s Rules of Practice received the following Natural Gas and Procedure (18 CFR 385.211 and Pipeline Rate and Refund Report filings: Filed Date: 06/20/2017. 385.214). Anyone filing a motion to Accession Number: 20170620–5145. intervene or protest must serve a copy Filings Instituting Proceedings Comment Date: 5:00 p.m. Eastern of that document on the Applicant. Docket Numbers: RP17–832–000. Time on Tuesday, June 27, 2017. Notice is hereby given that the Applicants: Rockies Express Pipeline deadline for filing protests with regard LLC. The filings are accessible in the to the applicant’s request for blanket Description: Rockies Express Pipeline Commission’s eLibrary system by authorization, under 18 CFR part 34, of LLC submits tariff filing per 154.204: clicking on the links or querying the future issuances of securities and Neg Rate 2017–06–20 Ascent to be docket number. assumptions of liability, is July 10, effective 6/20/2017. Any person desiring to intervene or 2017. Filed Date: 06/16/2017. protest in any of the above proceedings The Commission encourages Accession Number: 20170616–5092. must file in accordance with Rules 211 electronic submission of protests and Comment Date: 5:00 p.m. Eastern and 214 of the Commission’s interventions in lieu of paper, using the Time on Wednesday, June 28, 2017. FERC Online links at http:// Regulations (18 CFR 385.211 and Docket Numbers: RP17–833–000. 385.214) on or before 5:00 p.m. Eastern www.ferc.gov. To facilitate electronic Applicants: Tennessee Gas Pipeline time on the specified comment date. service, persons with Internet access Company, L.L.C. Protests may be considered, but who will eFile a document and/or be Description: Tennessee Gas Pipeline intervention is necessary to become a listed as a contact for an intervenor Company, L.L.C. submits tariff filing per party to the proceeding. must create and validate an 154.204: Volume No 2. Neg Rate Agmt— eRegistration account using the Alta Energy Marketing LLC; MMGS eFiling is encouraged. More detailed eRegistration link. Select the eFiling name to Mitsui to be effective 7/1/2017. information relating to filing link to log on and submit the Filed Date: 06/16/2017. requirements, interventions, protests, intervention or protests. Accession Number: 20170616–5166. service, and qualifying facilities filings Persons unable to file electronically Comment Date: 5:00 p.m. Eastern can be found at: http://www.ferc.gov/ should submit an original and 5 copies Time on Wednesday, June 28, 2017. docs-filing/efiling/filing-req.pdf. For of the intervention or protest to the Docket Numbers: RP17–779–001. other information, call (866) 208–3676 Federal Energy Regulatory Commission, Applicants: Florida Southeast (toll free). For TTY, call (202) 502–8659. 888 First Street NE., Washington, DC Connection, LLC. Nathaniel J. Davis, Sr., 20426. Description: Florida Southeast The filings in the above-referenced Connection, LLC submits tariff filing per Deputy Secretary. proceeding are accessible in the 154.205(b): Filed Agreements to be [FR Doc. 2017–13299 Filed 6–23–17; 8:45 am] Commission’s eLibrary system by effective 7/1/2017. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY referred to as scoping. You can make a fact sheet addresses a number of difference by providing your comments. typically asked questions, including the Federal Energy Regulatory Your comments should focus on use of eminent domain and how to Commission potential environmental impacts, participate in the Commission’s [Docket No. PF17–4–000] reasonable alternatives, and measures to proceedings. avoid or lessen environmental impacts. Public Participation Jordan Cove Energy Project, L.P.; This scoping opportunity is for the Pacific Connector Gas Pipeline, L.P.; entire Project, including actions and For your convenience, there are four Notice of Intent To Prepare an proposed plan amendments of the methods you can use to submit your Environmental Impact Statement for Cooperating Agencies listed above. The comments to the Commission. The the Planned Jordan Cove LNG Forest Service also seeks comments Commission encourages electronic filing Terminal and Pacific Connector specific to the 2012 planning rule of comments and has expert staff Pipeline Projects, Request for requirements at §§ 219.8 through 219.11 available to assist you by phone at (202) Comments on Environmental Issues, that are likely to be directly related to 502–8258 or via email at and Notice of Public Scoping the proposed amendments. To ensure [email protected]. Please Sessions; Correction that your comments are timely and carefully follow these instructions so properly recorded, please send your that your comments are properly The staff of the Federal Energy comments so that the Commission recorded. If you include personal Regulatory Commission (FERC or receives them in Washington, DC on or information along with your comments, Commission) will prepare an before July 10, 2017. please be aware that this information environmental impact statement (EIS) If you submitted comments on this (address, phone number, and/or email that will discuss the impacts of the project before February 10, 2017, you address) would become publicly planned Jordan Cove LNG Terminal and will need to refile those comments in available in the Commission’s eLibrary. Pacific Connector Pipeline Projects FERC Docket No. PF17–4–000 to ensure You can file your comments (collectively referred to as the Project). they are considered as part of this electronically using the eComment The FERC is the lead federal agency for proceeding. If you sent comments on a feature on the Commission’s Web site the preparation of the EIS. The U.S. previous iteration of this project, you (www.ferc.gov) under the link to Army Corps of Engineers (USACE), U.S. will also need to refile those comments Documents and Filings. This is an easy Department of Energy (DOE), Bureau of in FERC Docket No. PF17–4–000. method for submitting brief, text-only Land Management (BLM), Bureau of This notice is being sent to the comments on a project; Reclamation (Reclamation), U.S. Forest Commission’s current environmental Service (Forest Service), and the mailing list for the Project. State and You can file your comments Bonneville Power Administration (BPA) local government representatives should electronically by using the eFiling are Cooperating Agencies and can adopt notify their constituents of this project feature on the Commission’s Web site the EIS for their respective purposes and and encourage them to comment on (www.ferc.gov) under the link to permitting actions. their areas of concern. Documents and Filings. With eFiling, Jordan Cove Energy Project, L.P. If you are a landowner receiving this you can provide comments in a variety (JCEP) plans to construct and operate a notice, a PCGP company representative of formats by attaching them as a file liquefied natural gas (LNG) production, may contact you about the acquisition of with your submission. New eFiling storage, and export facility in Coos an easement to construct, operate, and users must first create an account by County, Oregon. Pacific Connector Gas maintain the planned pipeline. The clicking on ‘‘eRegister.’’ If you are filing Pipeline, L.P. (PCGP) plans to construct company would seek to negotiate a a comment on a particular project, and operate an interstate natural gas mutually acceptable agreement. please select ‘‘Comment on a Filing’’ as transmission pipeline and associated However, if the Commission approves the filing type; or facilities in Coos, Douglas, Jackson, and the project, that approval conveys with You can file a paper copy of your Klamath Counties, Oregon. The it the right of eminent domain. comments by mailing them to the Commission will use this EIS in its Therefore, if easement negotiations fail following address. Be sure to include decision-making process to determine to produce an agreement, the pipeline docket number PF17–4–000 with your whether the Jordan Cove LNG Terminal company could initiate condemnation submission: Kimberly D. Bose, is in the public interest and the Pacific proceedings where compensation would Secretary, Federal Energy Regulatory Connector Pipeline is in the public be determined in accordance with state Commission, 888 First Street NE., Room convenience and necessity. Other law. 1A, Washington, DC 20426. federal agencies may adopt the EIS A fact sheet prepared by the FERC In lieu of sending written or when making their respective entitled An Interstate Natural Gas electronic comments, the Commission determinations or decisions. Facility On My Land? What Do I Need invites you to attend one the public This notice announces the opening of To Know? is available for viewing on scoping sessions its staff will conduct in the public comment period, commonly the FERC Web site (www.ferc.gov). This the project area, scheduled as follows:

Date and time Location

Tuesday, June 27, 2017, 4:00 p.m. to 7:00 p.m ...... Sunset Middle School, Library and Commons Rooms, 245 South Cammann Street, Coos Bay, OR 97420. Wednesday, June 28, 2017, 4:00 p.m. to 7:00 p.m ...... Umpqua Community College, Jackson Hall, Rooms 11 & 12, 1140 Umpqua College Road, Roseburg, OR 97470. Thursday, June 29, 2017, 4:00 p.m. to 7:00 p.m ...... Oregon Institute of Technology, College Union Building, Mt. Bailey and Mt. Theilsen Rooms, 3201 Campus Drive, Klamath Falls, OR 97601.

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The primary goal of these scoping Spit of Coos Bay in Coos County, a new compressor station and other new sessions is to have you identify the Oregon. The terminal would include gas aboveground facilities. Land ownership specific environmental issues and inlet facilities, a metering station, a gas of the approximately 235 miles of concerns that should be considered in conditioning plant, five liquefaction permanent pipeline operational the EIS to be prepared for this project. trains and associated equipment, two easement is approximately 162 miles Individual verbal comments will be full-containment LNG storage tanks, an private land, 40 miles BLM, 31 miles taken on a one-on-one basis with a court LNG transfer line, LNG ship loading Forest Service, and 2 miles Reclamation. reporter. This format is designed to facilities, a marine slip, a marine The EIS Process receive the maximum amount of verbal offloading facility, a new access channel comments in a convenient way during between the Coos Bay Navigation The National Environmental Policy the timeframe allotted. Channel and the new marine slip, and Act (NEPA) requires the Commission to Each scoping session is scheduled enhancements to the existing Coos Bay take into account the environmental from 4:00 p.m. to 7:00 p.m. Pacific Navigation Channel at four turns. In impacts that could result from an action Daylight Time. There will be no formal addition, the terminal would include whenever it considers the authorization presentation by Commission staff when emergency and hazard, electrical, of LNG facilities under Section 3 of the the session opens. If you wish to security, control, and support systems, Natural Gas Act and pipeline facilities provide comments, the Commission administrative buildings, and a under Section 7 of the Natural Gas Act. staff will issue numbers in the order of temporary workforce housing facility. NEPA also requires the Commission to your arrival. Please see Appendix 2 1 for The LNG terminal would be designed to discover and address concerns the additional information on the session liquefy about 1.04 billion cubic feet per public may have about proposals. This format and conduct expectations. day of LNG for export to markets across process is commonly referred to as Your comments will be recorded by the Pacific Rim. scoping. The main goal of the scoping the court reporter (with FERC staff or PCGP plans to construct and operate process is to identify the important representative present) and become part an approximately 235-mile-long, 36- environmental issues the Commission’s of the public record for this proceeding. inch-diameter interstate natural gas staff should focus on in the EIS. By this Transcripts will be publicly available transmission pipeline and associated notice, the Commission requests public through the FERC’s eLibrary system (see aboveground facilities. The pipeline comments on the scope of issues to be below for instructions on using would originate near Malin in Klamath addressed in the EIS. The FERC and the eLibrary). If a significant number of County, Oregon, traverse Douglas and Cooperating Agencies will consider all people are interested in providing Jackson Counties, and terminate (at the filed comments during the preparation verbal comments, a time limit of 5 LNG Terminal) in Coos County, Oregon. of the EIS. minutes may be implemented for each The pipeline would be capable of The EIS will discuss the impacts that commenter. transporting about 1.2 billion cubic feet could occur as a result of the Verbal comments hold the same per day of natural gas. The associated construction and operation of the weight as written or electronically aboveground facilities would include planned Project under these general submitted comments. Although there the new Klamath Compressor Station headings: • will not be a formal presentation, (61,500 horsepower) near Malin, Geology and soils; • Commission staff will be available Oregon; 3 new meter stations; 5 new pig water resources and wetlands; launchers and receivers; 17 mainline • vegetation, fisheries, and wildlife; throughout the comment session to • answer your questions about the block valves; and a gas control protected species; • land use; environmental review process. communication system. The general locations of the Project • socioeconomics; The submission of timely and specific facilities are shown on maps included • cultural resources; comments, whether submitted in in Appendix 1. In addition, PCGP • air quality and noise; writing or orally at a scoping session, provides detailed mapping of its • public safety and reliability; and can affect a reviewer’s ability to pipeline route on its Web page at http:// • cumulative impacts. participate in a subsequent pacificconnectorgp.com/project- The FERC and the Cooperating administrative or judicial review of overview/. Agencies will also evaluate reasonable BLM and/or Forest Service decisions. alternatives to the planned project or Comments concerning BLM and Forest Land Requirements for Construction portions thereof; and make Service actions submitted anonymously About 530 acres of land would be recommendations on how to avoid or will be accepted and considered; disturbed by construction of the LNG minimize impacts on the various however such anonymous submittals Terminal. JCEP owns about 300 acres of resource areas. would not provide the commenters with this land, and the remaining 230 acres Although no formal application has standing to participate in administrative would be leased from private been filed with FERC, FERC has already or judicial review of BLM and Forest landowners. Following construction, initiated a review of the project under Service decisions. about 170 acres would be retained for the Commission’s pre-filing process. Summary of the Planned Project operation of the LNG terminal facilities. The purpose of the pre-filing process is About 5,060 acres of land would be to encourage early involvement of JCEP plans to construct and operate disturbed by construction of the Pacific interested stakeholders and to identify an LNG export terminal on the North Connector Pipeline Project. Following and resolve issues before the FERC construction, a 50-foot-wide easement, receives an application. As part of its 1 The appendices referenced in this notice will not appear in the Federal Register. Copies of the totaling about 1,415 acres, would be pre-filing review, FERC has begun to appendices were sent to all those receiving this permanently maintained for operation contact interested federal and state notice in the mail and are available at www.ferc.gov of the pipeline. The majority of the agencies to discuss their involvement in using the link called ‘‘eLibrary’’ or from the remaining 3,620 acres disturbed by the scoping process and the preparation Commission’s Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) pipeline construction would be restored of the EIS. 502–8371. For instructions on connecting to and returned to previous use, while As stated previously, the FERC will be eLibrary, refer to the last page of this notice. about 25 acres would be maintained for the lead federal agency for the

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preparation of the EIS. The USACE, Effects (APE) will be defined in effects of the proposed amendments BLM, Reclamation, and Forest Service consultation with the SHPO as the on LSRs; and all have NEPA responsibilities related to Project develops. On natural gas facility effects of the proposed amendments their respective permitting actions, and projects, the APE at a minimum on Riparian Reserves, detrimental soil can adopt the EIS for their own agency’s encompasses all areas subject to ground conditions, and Visual Quality purposes. The BLM, Reclamation, and disturbance (examples include LNG Objectives. Forest Service intend to adopt this EIS terminal site, pipeline construction Planning Rule Requirements for LRMP to evaluate the effects of the pipeline work area, contractor/equipment storage Amendments portion of the Project on lands and yards, and access roads). The EIS for facilities managed by each respective this Project will document the findings The Forest Service seeks public input agency, and to support decision-making on the impacts on historic properties on issues and planning rule regarding the issuance of and and summarize the status of requirements on proposed amendments concurrence with the right-of-way grant consultations under section 106. of their Forest land management plans and the associated plan amendments.2 related to the Pacific Connector Pipeline The EIS will present the FERC’s and Currently Identified Environmental Project. Additional information the Cooperating Agencies’ independent Issues regarding the proposed amendments is analysis of the issues. The FERC will The Commission’s environmental included at the end of this NOI. publish and distribute the draft EIS for staff has already identified several Proposed Actions of the BLM public comment. After the comment issues that merit attention based on a period, the FERC and the Cooperating preliminary review of the planned The purpose of and need for the Agencies will consider all timely facilities, the environmental information proposed action by the BLM is to comments and revise the document, as provided by the applicants, analysis respond to a right-of-way grant necessary, before issuing a final EIS. To conducted previously, and early application originally submitted by ensure the FERC and the Cooperating comments filed with FERC. This Pacific Connector L.P. to construct, Agencies have the opportunity to preliminary list of issues may change operate, maintain, and eventually consider and address your comments, based on your comments and further decommission a natural gas pipeline please carefully follow the instructions analysis. Preliminary issues include: that crosses lands and facilities in the Public Participation section. Reliability and safety of LNG carrier administered by the BLM, Reclamation, With this notice, the FERC is asking traffic in Coos Bay, the LNG terminal, and Forest Service. In addition, there is agencies with jurisdiction by law and/ and natural gas pipeline; a need for the BLM to consider or special expertise with respect to impacts on aquatic resources from amending affected District land environmental issues related to this dredging the LNG terminal access management plans to make provision project to formally cooperate with us in channel and slip, and from multiple for the Pacific Connector right-of-way. the preparation of the EIS.3 Agencies pipeline crossings of surface waters; Additional detail on proposed actions that would like to request cooperating potential impacts on the LNG by the BLM is provided at the end of agency status should follow the Terminal resulting from an earthquake this NOI. instructions for filing comments or tsunami; Proposed Actions of the Forest Service provided in the Public Participation impacts of pipeline construction on section. federally listed threatened and The purpose of and need for the proposed action by the Forest Service is Consultations Under Section 106 of the endangered species, including salmon, to consider amending affected National National Historic Preservation Act marbled murrelet, and northern spotted owl; and Forest land management plans to make In accordance with the Advisory impacts of pipeline construction on provision for the Pacific Connector Council on Historic Preservation’s private landowners, including use of right-of-way. The Responsible Official implementing regulations for section eminent domain to obtain right-of-way. for amendment of Forest Service LRMPs 106 of the National Historic is the Forest Supervisor of the Umpqua Preservation Act, this notice initiates Preliminary Planning Criteria National Forest. If the Forest Service consultation with Oregon’s State Identified by the BLM adopts the FERC EIS for the Pacific Historic Preservation Office (SHPO), The BLM Preliminary Planning Connector Pipeline Project (in FERC and solicits its views and those of other Criteria for its proposed land Docket No. PF17–4–000), the Forest government agencies, interested Indian management plan amendments include: Supervisor of the Umpqua National tribes, and the public on the Project’s Impacts to stand function for listed Forest will make the following decisions potential effects on historic properties.4 species, specifically northern spotted and determinations: The project-specific Area of Potential owl and marbled murrelet in BLM- Decide whether to amend the LRMPs managed Late Successional Reserves of the Umpqua, Rogue River, and 2 BLM land management plans are called (LSR); and Winema National Forests as proposed or ‘‘Resource Management Plans’’ or RMPs. Forest consent by the Federal surface Service land management plans are called ‘‘Land as described in an alternative. and Resource Management Plans’’ or LRMPs. The managing agencies, Forest Service and Additional detail on proposed actions term ‘‘land management plan’’ is generic and may Reclamation. by the Forest Service is provided at the apply to either an RMP or LRMP. end of this NOI. 3 The Council on Environmental Quality Preliminary Issues and Planning regulations addressing cooperating agency Criteria Identified by the Forest Service Environmental Mailing List responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6. The Forest Service has identified The environmental mailing list 4 The Advisory Council on Historic Preservation preliminary issues for its proposed land includes Federal, State, and local regulations are at Title 36, Code of Federal and resource management plan (LRMP) government representatives and Regulations, Part 800. Those regulations define amendments. The issues include: agencies; elected officials; historic properties as any prehistoric or historic district, site, building, structure, or object included Effects of proposed amendments on environmental and public interest in or eligible for inclusion in the National Register Survey and Manage species and their groups; Native American Tribes; other of Historic Places. habitat; interested parties; and local libraries

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and newspapers. This list also includes regulations at 36 CFR 219 (2012). Dated: June 9, 2017. all affected landowners (as defined in Decisions by the Forest Service to Nathaniel J. Davis, Sr., the Commission’s regulations), whose approve ‘‘plan level’’ amendments to Deputy Secretary. property may be used temporarily for Land Management Plans (proposed project purposes, or who own homes amendments UNF–4 and RRNF–7 in BLM Proposed Actions and Forest within certain distances of aboveground this Notice) are subject to the Pre- Service Planning Rule Requirements facilities, and anyone who submits Decisional Administrative Review Forest Service Planning Rule comments on the Project. The FERC will Process Regulations at 36 CFR 219 Requirements for LRMP Amendments update the environmental mailing list as subpart B. The term ‘‘plan level’’ refers the analysis proceeds to ensure that the to plan amendments that would apply The Forest Service seeks public input information related to this to future management actions. on issues and planning rule requirements on proposed amendments environmental review is sent to all Decisions by the Forest Service to individuals, organizations, and of their Forest land management plans approve ‘‘project-specific’’ plan related to the Pacific Connector Pipeline government entities interested in and/or amendments (proposed amendments potentially affected by the planned Project. On December 15, 2016 the UNF–1 thru 3, RRNF–2 thru 6, and Department of Agriculture Under project. WNF–1 thru 5 in this Notice) are subject Copies of the draft EIS will be sent to Secretary for Natural Resources and to the Administrative Review Process of the environmental mailing list for Environment issued a final rule that 36 CFR 218 Subpart A and B, in public review and comment. If you amended the 36 CFR 219 regulations accordance with 36 CFR 219.59 (b). The would prefer to receive a paper copy of pertaining to National Forest System term ‘‘project specific’’ refers to the document instead of a compact disc Land Management Planning (the amendments that would only apply to or would like to remove your name from planning rule) (81 FR 90723, 90737). the proposed project and would not the mailing list, please return the The amendment to the 219 planning apply to any future management attached Information Request rule clarified the Department’s direction actions. (Appendix 2). for amending LRMPs. The Department The Forest Service concurrence to also added a requirement for amending Becoming an Intervenor BLM to issue a right-of-way grant would a plan for the responsible official to Once JCEP and PCGP file applications not be a decision subject to the NEPA provide in the initial notice ‘‘which with the Commission, you may want to and, therefore, would not be subject to substantive requirements of §§ 219.8 become an ‘‘intervenor,’’ which is an the Forest Service administrative review through 219.11 are likely to be directly official party to the Commission’s procedures. related to the amendment’’ (36 CFR proceeding. Intervenors play a more Additional Information 219.13(b)(2), 81 FR at 90738). Whether formal role in the process and are able a rule provision is directly related to an to file briefs, appear at hearings, and be Additional information about the amendment is determined by any one of heard by the courts if they choose to Project is available from the the following: The purpose for the appeal the Commission’s final ruling. Commission’s Office of External Affairs, amendment, a beneficial effect of the An intervenor formally participates in at (866) 208–FERC, or on the FERC Web amendment, a substantial adverse effect the proceeding by filing a request to site (www.ferc.gov) using the eLibrary of the amendment, or a lessening of plan intervene. Motions to intervene are link. Click on the eLibrary link, click on protections by the amendment. The more fully described at http:// ‘‘General Search’’ and enter the docket proposed Forest Service plan www.ferc.gov/resources/guides/how-to/ number, excluding the last three digits amendments described below (under intervene.asp. Instructions for becoming in the Docket Number field (i.e., PF17– Amendments of Forest Service Land an intervenor are in the ‘‘Document-less 4). Be sure you have selected an Management Plans), include a Intervention Guide’’ under the ‘‘e-filing’’ appropriate date range. For assistance, description of the ‘‘substantive link on the Commission’s Web site. please contact FERC Online Support at requirements of §§ 219.8 through Please note that the Commission will [email protected] or toll free 219.11’’ that are likely to be directly not accept requests for intervenor status at (866) 208–3676, or for TTY, contact related to each amendment. at this time. You must wait until the (202) 502–8659. The eLibrary link also Proposed Actions of the BLM Commission receives a formal provides access to the texts of formal application for the project. documents issued by the Commission, The purpose of and need for the BLM Administrative Remedy Process such as orders, notices, and proposed action by the BLM is to rulemakings. respond to a right-of-way grant Under the provisions of 43 CFR In addition, the Commission offers a application originally submitted by 1610.5–2, proposed decision(s) of the free service called eSubscription which Pacific Connector L.P. to construct, BLM to amend land management plans allows you to keep track of all formal operate, maintain, and eventually are subject to protest with the Director issuances and submittals in specific decommission a natural gas pipeline of the BLM following publication of the dockets. This can reduce the amount of that crosses lands and facilities Final EIS. In accordance with 43 CFR, time you spend researching proceedings administered by the BLM, Reclamation, part 4, the BLM’s decision on the by automatically providing you with and Forest Service. In addition, there is application for a right-of-way grant will notification of these filings, document a need for the BLM to consider be subject to appeal to the Interior Board summaries, and direct links to the amending affected District land of Land Appeals. documents. Go to www.ferc.gov/docs- management plans to make provision Administrative Review of Forest filing/esubscription.asp. for the Pacific Connector right-of-way. Service Decisions To Amend Land Finally, public meetings or site visits The proposed action of the BLM has Management Plans will be posted on the Commission’s two components. First, the BLM would The proposed Forest Service plan calendar located at www.ferc.gov/ amend the Northwestern and Coastal amendments are being developed in EventCalendar/EventsList.aspx along Oregon ROD/RMP and the accordance with the planning with other related information. Southwestern Oregon ROD/RMP. The

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BLM would consider one or more is the Forest Supervisor of the Umpqua directly related to this amendment amendments to: National Forest. If the Forest Service include: Make changes to land use allocations adopts the FERC EIS for the Pacific § 219.9(a)(2)(ii)—[the plan must along the Pacific Connector Gas Pipeline Connector Pipeline Project (in FERC include plan components to maintain or route; Docket No. PF17–4–000), the Forest restore] ‘‘Rare aquatic and terrestrial Make changes to the management Supervisor of the Umpqua National plant and animal communities.’’ direction for Late Successional Reserves Forest will make the following decisions (LSR) specifically where the Pacific and determinations: § 219.9(b)(1)—The responsible official Connector Gas Pipeline route crosses Decide whether to amend the LRMPs shall determine whether or not the plan LSR, for this project only; of the Umpqua, Rogue River, and components required by paragraph (a) Consider designating a utility corridor Winema National Forests as proposed or provide ecological conditions necessary coinciding with the Pacific Connector as described in an alternative. to: . . . maintain viable populations of Gas Pipeline route; each species of conservation concern Make changes to the right-of-way Amendment of Forest Service Land within the plan area. Avoidance Areas specifically where the Management Plans Pacific Connector Gas Pipeline route If this proposed amendment is FS–1—Project-Specific Amendment To would cross these areas. determined to be directly related to the Second, in accordance with 43 CFR Exempt Management Recommendations substantive rule requirements, the 2882.3(i), the BLM would consider a for Survey and Manage Species on the Responsible Official must apply those right-of-way grant in response to Pacific Umpqua National Forest, Rogue River requirements within the scope and scale Connector’s application for the project National Forest, and Winema National of the amendment and, if necessary, to occupy federal lands, with the Forest LRMPs make adjustments to the amendment to written concurrence of the Forest Applicable National Forest LRMPs meet these rule requirements (36 CFR Service and Reclamation. Each agency would be amended to exempt certain 219.13 (b)(5) and (6)). may submit specific stipulations, known sites within the area of the including mitigation measures, for Amendment of the Umpqua National proposed Pacific Connector right-of-way Forest LRMP inclusion in the right-of-way grant grant from the Management related to lands, facilities, and Recommendations required by the 2001 UNF–1—Project-Specific Amendment easements within their respective ‘‘Record of Decision and Standards and To Allow Removal of Effective Shade on jurisdictions. Guidelines for Amendments to the Perennial Streams: The Secretary of the Interior has Survey and Manage, Protection Buffer, delegated to the BLM the authority, and other Mitigation Measures The Umpqua National Forest LRMP under the Mineral Leasing Act of 1920, Standards and Guidelines. For known would be amended to exempt the to grant a right-of-way in response to sites within the proposed right-of-way Standards and Guidelines for Fisheries Pacific Connector’s application for a that cannot be avoided, the 2001 (Umpqua National Forest LRMP, page natural gas transmission pipeline across Management Recommendations for IV–33, Forest-Wide) to allow the federal lands, with consent of affected protection of known sites of Survey and removal of effective shading vegetation surface managing agencies. The Manage species would not apply. For where perennial streams are crossed by Responsible Official for amendments of known sites located outside the the Pacific Connector right-of-way. This BLM RMPs and issuance of the right-of- proposed right-of-way but with an change would potentially affect an way grant, should one be issued, is the overlapping protection buffer only that estimated total of three acres of effective BLM Oregon/Washington State Director. portion of the buffer within the right-of- shading vegetation at approximately five Reclamation’s Responsible Official for way would be exempt from the perennial stream crossings in the East concurrence of the right-of-way grant, if protection requirements of the issued by BLM, is the Area Manager of Fork of Cow Creek subwatershed from Management Recommendations. Those pipeline mileposts (MP) 109 to 110 in the Mid-Pacific Region’s Klamath Basin Management Recommendations would Area Office. Sections 16 and 21, T.32S., R.2W., remain in effect for that portion of the W.M., OR. The amendment would If the BLM adopts the FERC EIS for protection buffer that is outside of the the Pacific Connector Pipeline Project provide an exception from these right of way. The proposed amendment standards for the Pacific Connector (in FERC Docket No. PF17–4–000), the would not exempt the Forest Service Pipeline Project and include specific Oregon/Washington State Director of the from the requirements of the 2001 mitigation measures and project design BLM would use this EIS in the decision- Survey and Manage Record of Decision, requirements for the project. This is a making process to: as modified, to maintain species Grant, grant with conditions, or deny persistence for affected Survey and project-specific plan amendment the right-of-way application, and; Manage species within the range of the applicable only to the Pacific Connector Consider associated amendments to Pipeline Project and would not change the Northwestern and Coastal Oregon northern spotted owl. This is a project- specific plan amendment applicable future management direction for any ROD/RMP and the Southwestern other project. Oregon ROD/RMP where the Project only to the Pacific Connector Pipeline does not conform to these plans. Project and would not change future The 36 CFR 219 planning rule management direction for any other requirements that are likely to be Proposed Actions of the Forest Service project. The amendment would provide directly related to this amendment The purpose of and need for the an exception from these standards for include: § 219.8(a)(3)(i)—The plan must proposed action by the Forest Service is the Pacific Connector Project and include plan components ‘‘to maintain to consider amending affected National include specific mitigation measures or restore the ecological integrity of Forest land management plans to make and project design requirements for the riparian areas in the plan area, provision for the Pacific Connector project. including plan components to maintain right-of-way. The Responsible Official The 36 CFR 219 planning rule or restore structure, function, for amendment of Forest Service LRMPs requirements that are likely to be composition, and connectivity.’’

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UNF–2—Project-Specific Amendment must include plan components to Amendment of the Rogue River National To Allow the Pacific Connector Pipeline maintain or restore] soils and soil Forest LRMP Project in Riparian Areas: productivity, including guidance to RRNF–2—Project Specific Amendment The Umpqua National Forest LRMP reduce soil erosion and sedimentation. of Visual Quality Objectives (VQO) on would be amended to change UNF–4—Reallocation of Matrix Lands the Big Elk Road prescriptions C2–II (LRMP IV–173) and to LSR The Rogue River National Forest C2–IV (LRMP IV–177) to allow the LRMP would be amended to change the Pacific Connector pipeline route to run The Umpqua National Forest LRMP VQO where the Pacific Connector parallel to the East Fork of Cow Creek would be amended to change the pipeline route crosses the Big Elk Road for approximately 0.1 mile between designation of approximately 588 acres at about pipeline MP 161.4 in Section about pipeline MPs 109.5 and 109.6 in from Matrix land allocations to the LSR 16, T.37S., R.4E., W.M., OR, from Section 21, T.32S., R.2W., W.M., OR. land allocation in Sections 7, 18, and Foreground Retention (Management This change would potentially affect 19, T.32S., R.2W.; and Sections 13 and Strategy 6, LRMP page 4–72) to approximately one acre of riparian 24, T.32S., R.3W., W.M., OR. This Foreground Partial Retention vegetation along the East Fork of Cow change in land allocation is proposed to (Management Strategy 7, LRMP page 4– Creek. The amendment would provide partially mitigate the potential adverse 86) and allow 10–15 years for amended an exception from these standards for impact of the Pacific Connector Pipeline VQO to be attained. The existing the Pacific Connector Pipeline Project Project on LSR 223 on the Umpqua Standards and Guidelines for VQO in and include specific mitigation National Forest. This is a plan level Foreground Retention where the Pacific measures and project design amendment that would change future Connector pipeline route crosses the Big requirements for the project. This is a Elk Road require that VQOs be met project-specific plan amendment management direction for the lands reallocated from Matrix to LSR. within one year of completion of the applicable only to the Pacific Connector project and that management activities Pipeline Project and would not change The 36 CFR 219 planning rule not be visually evident. The amendment future management direction for any requirements that are likely to be would provide an exception from these other project. directly related to this amendment standards for the Pacific Connector The 36 CFR 219 planning rule include: Pipeline Project and include specific requirements that are likely to be § 219.8(a)(1)(i)—[the plan must mitigation measures and project design directly related to this amendment include plan components to maintain or requirements for the project. This is a include: § 219.8(a)(3)(i)—The plan must restore] Interdependence of terrestrial project-specific plan amendment that include plan components to ‘‘maintain and aquatic ecosystems in the plan area. would apply only to the Pacific or restore the ecological integrity of Connector Pipeline Project in the riparian areas in the plan area, § 219.8(b)(1)—[the plan must include vicinity of Big Elk Road and would not including plan components to maintain plan components to guide the plan change future management direction for or restore structure, function, area’s contribution to social and any other project. composition, and connectivity.’’ economic sustainability] social, cultural The 36 CFR 219 planning rule and economic conditions relevant to the UNF–3—Project-Specific Amendment requirements that are likely to be To Exempt Limitations on Detrimental area influenced by the plan. directly related to this amendment Soil Conditions Within the Pacific § 219.9(b)(1) ‘‘The responsible official include: Connector Right-of-Way in All shall determine whether or not the plan § 219.10(a)(1)—[. . .the responsible Management Areas components required by paragraph (a) of official shall consider: . . .] (1) Aesthetic values,. . . scenery,. . . The Umpqua National Forest LRMP this section provide the ecological conditions necessary to: contribute to viewsheds.... would be amended to exempt § 219.10(b)(i)—[the responsible the recovery of federally listed limitations on the area affected by official shall consider] Sustainable detrimental soil conditions from threatened and endangered species, recreation; including recreation settings, displacement and compaction within conserve proposed and candidate opportunities, . . . and scenic the Pacific Connector right-of-way. species, and maintain a viable character.... Standards and Guidelines for Soils population of each species of (LRMP page IV–67) requires that not conservation concern within the plan RRNF–3—Project—Specific more than 20 percent of the project area area,’’ and Amendment of VQO on the Pacific Crest Trail have detrimental compaction, § 219.9(a)(2)(ii)—[the plan must displacement, or puddling after include plan components to maintain or The Rogue River National Forest completion of a project. The amendment restore] ‘‘Rare aquatic and terrestrial LRMP would be amended to change the would provide an exception from these plant and animal communities.’’ VQO where the Pacific Connector standards for the Pacific Connector pipeline route crosses the Pacific Crest Pipeline Project and include specific If any of the proposed amendments to Trail at about pipeline MP 168 in mitigation measures and project design the Umpqua NF LRMP described above Section 32, T.37S., R.5E., W.M., OR, requirements for the project. This is a are determined to be ‘‘directly related’’ from Foreground Partial Retention project-specific plan amendment to a substantive rule requirement, the (Management Strategy 7, LRMP page 4– applicable only to the Pacific Connector Responsible Official must apply that 86) to Modification (USDA Forest Pipeline Project and would not change requirement within the scope and scale Service Agricultural Handbook 478) and future management direction for any of the proposed amendment and, if to allow 15–20 years for amended VQOs other project. necessary, make adjustments to the to be attained. The existing Standards The 36 CFR 219 planning rule proposed amendment to meet the rule and Guidelines for VQOs in Foreground requirements that are likely to be requirement (36 CFR 219.13 (b)(5) and Partial Retention in the area where the directly related to this amendment (6)). Pacific Connector pipeline route crosses include: § 219.8(a)(2)(ii)—[The plan the Pacific Crest Trail require that visual

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mitigation measures meet the stated Aesthetic values,. . . scenery,. . . landings). No more than 20 percent of VQO within three years of the viewsheds.... the area should be displaced or completion of the project and that § 219.10(b)(i)—[the responsible compacted under circumstances management activities be visually official shall consider] Sustainable resulting from previous management subordinate to the landscape. The recreation; including recreation settings, practices including roads and landings. amendment would provide an exception opportunities, . . . and scenic Permanent recreation facilities or other from these standards for the Pacific character.... permanent facilities are exempt (RRNF Connector Pipeline Project and include RRNF–5—Project-Specific Amendment LRMP 4–41, 4–83, 4–97, 4–123, 4–177, specific mitigation measures and project To Allow the Pacific Connector Pipeline 4–307). The amendment would provide design requirements for the project. This Project in Management Strategy 26, an exception from these standards for is a project-specific plan amendment Restricted Riparian Areas the Pacific Connector Pipeline Project that would apply only to the Pacific and include specific mitigation Connector Pipeline Project in the The Rogue River National Forest measures and project design vicinity of the Pacific Crest Trail and LRMP would be amended to allow the requirements for the project. This is a would not change future management Pacific Connector right-of-way to cross project-specific plan amendment direction for any other project. the Restricted Riparian land allocation. applicable only to the Pacific Connector The 36 CFR 219 planning rule This would potentially affect Pipeline Project and would not change requirements that are likely to be approximately 2.5 acres of the future management direction for any directly related to this amendment Restricted Riparian Management other project. include: Strategy at one perennial stream The 36 CFR 219 planning rule § 219.10(a)(1)—[. . .the responsible crossing on the South Fork of Little requirements that are likely to be official shall consider: . . .] (1) Butte Creek at about pipeline MP 162.45 directly related to this amendment Aesthetic values,. . . scenery,. . . in Section 15, T.37S., R.4E., W.M., OR. include: viewsheds.... Standards and Guidelines for the 219.8(a)(2)(ii)—[The plan must § 219.10(b)(i)—[the responsible Restricted Riparian land allocation include plan components to maintain or official shall consider] Sustainable prescribe locating transmission restore] soils and soil productivity, recreation; including recreation settings, corridors outside of this land allocation including guidance to reduce soil opportunities, . . . and scenic (Management Strategy 26, LRMP page erosion and sedimentation. character.... 4–308,). The amendment would provide an exception from these standards for RRNF–7—Reallocation of Matrix Lands RRNF–4—Project-Specific Amendment the Pacific Connector Pipeline Project to LSR of Visual Quality Objectives Adjacent to and include specific mitigation The Rogue River National Forest Highway 140 measures and project design LRMP would be amended to change the The Rogue River National Forest requirements for the project. This is a designation of approximately 512 acres LRMP would be amended to allow 10– site-specific amendment applicable only from Matrix land allocations to the LSR 15 years to meet the VQO of to the Pacific Connector Pipeline Project land allocation in Section 32, T.36S., Middleground Partial Retention and would not change future R.4E. W.M., OR. This change in land between Pacific Connector pipeline MPs management direction for any other allocation is proposed to partially 156.3 to 156.8 and 157.2 to 157.5 in project. mitigate the potential adverse impact of Sections 11 and 12, T.37S., R.3E., W.M., The 36 CFR 219 planning rule the Pacific Connector Pipeline Project OR. Standards and Guidelines for requirements that are likely to be on LSR 227 on the Rogue River National Middleground Partial Retention directly related to this amendment Forest. This is a plan level amendment (Management Strategy 9, LRMP Page 4– include: that would change future management 112) require that VQOs for a given § 219.8(a)(3)(i)—The plan must direction for the lands reallocated from location be achieved within three years include plan components to maintain or Matrix to LSR. of completion of the project. restore the ecological integrity of The 36 CFR 219 planning rule Approximately 0.8 miles or 9 acres of riparian areas in the plan area, requirements that are likely to be the Pacific Connector right-of-way in the including plan components to maintain directly related to this amendment Middleground Partial Retention VQO or restore structure, function, include: visible at distances of 0.75 to 5 miles composition, and connectivity § 219.8(a)(1)(i)—[the plan must from State Highway 140 would be include plan components to maintain or RRNF–6—Site-Specific Amendment To affected by this amendment. The restore] Interdependence of terrestrial Exempt Limitations on Detrimental Soil amendment would provide an exception and aquatic ecosystems in the plan area. Conditions Within the Pacific Connector from these standards for the Pacific § 219.8(b)(1)—[the plan must include Right-of-Way in All Management Areas Connector Pipeline Project and include plan components to guide the plan specific mitigation measures and project The Rogue River National Forest area’s contribution to social and design requirements for the project. This LRMP would be amended to exempt economic sustainability] Social, cultural is a project-specific plan amendment limitations on areas affected by and economic conditions relevant to the that would apply only to the Pacific detrimental soil conditions from area influenced by the plan. Connector Pipeline Project in Sections displacement and compaction within § 219.9(b)(1) The responsible official 11 and 12, T.37S., R.3E., W.M., OR, and the Pacific Connector right-of-way in all shall determine whether or not the plan would not change future management affected Management Strategies. components required by paragraph (a) of direction for any other project. Standards and Guidelines for this section provide the ecological The 36 CFR 219 planning rule detrimental soil impacts in affected conditions necessary to: Contribute to requirements that are likely to be Management Strategies require that no the recovery of federally listed directly related to this amendment more than 10 percent of an activity area threatened and endangered species, include: should be compacted, puddled or conserve proposed and candidate § 219.10(a)(1)—[. . .the responsible displaced upon completion of project species, and maintain a viable official shall consider: . . .] (1) (not including permanent roads or population of each species of

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conservation concern within the plan to achieve the VQO of Foreground would not change future management area, and Retention where the Pacific Connector direction for any other project. § 219.9(a)(2)(ii)– [the plan must right-of-way crosses the Dead Indian The 36 CFR 219 planning rule include plan components to maintain or Memorial Highway at approximately requirements that are likely to be restore: . . .] (ii) Rare aquatic and pipeline MP 168.8 in Section 33, T.37S., directly related to this amendment terrestrial plant and animal R.5E., W. M., OR. Standards and include: communities. Guidelines for Scenic Management, § 219.10(a)(1)—[. . .the responsible If any of the proposed amendments to Foreground Retention (LRMP 4–103, official shall consider: . . .] (1) the Rogue River NF LRMP described MA 3A, Foreground Retention) requires Aesthetic values,. . . scenery,. . . above are determined to be ‘‘directly VQOs for a given location be achieved viewsheds . . . . related’’ to a substantive rule within one year of completion of the § 219.10(b)(i)—[the responsible requirement, the Responsible Official project. The Forest Service proposes to official shall consider] Sustainable must apply that requirement within the allow 10–15 years to meet the specified recreation; including recreation settings, scope and scale of the proposed VQO at this location. The amendment opportunities, . . . and scenic amendment and, if necessary, make would provide an exception from these character. . . . adjustments to the proposed standards for the Pacific Connector WNF–4—Project—Specific Amendment amendment to meet the rule Pipeline Project and include specific To Exempt Limitations on Detrimental requirement (36 CFR 219.13 (b)(5) and mitigation measures and project design Soil Conditions Within the Pacific (6)). requirements for the project. This is a Connector Right-of-Way in All Amendment of the Winema National project-specific plan amendment that Management Areas Forest LRMP would apply only to the Pacific Connector Pipeline Project in the The Winema National Forest LRMP WNF–1—Project -Specific Amendment vicinity of the Dead Indian Memorial would be amended to exempt To Allow Pacific Connector Pipeline Highway and would not change future restrictions on detrimental soil Project in Management Area 3 management direction for any other conditions from displacement and The Winema National Forest LRMP project. compaction within the Pacific Connector right-of-way in all affected would be amended to change the The 36 CFR 219 planning rule management areas. Standards and Standards and Guidelines for requirements that are likely to be Guidelines for detrimental soil impacts Management Area 3 (MA–3) (LRMP directly related to this amendment in all affected management areas require page 4–103–4, Lands) to allow the 95- include: that no more than 20 percent of the foot-wide Pacific Connector pipeline § 219.10(a)(1)—[. . .the responsible project in MA–3 from the Forest activity area be detrimentally official shall consider: . . .] (1) compacted, puddled, or displaced upon Boundary in Section 32, T.37S., R.5E., Aesthetic values,. . . scenery,. . . W.M., OR, to the Clover Creek Road completion of a project (LRMP page 4– viewsheds . . . . 73, 12–5). The amendment would corridor in Section 4, T.38S, R.5. E., § 219.10(b)(i)—[the responsible W.M., OR. Standards and Guidelines for provide an exception from these official shall consider] Sustainable standards for the Pacific Connector MA–3 state that the area is currently an recreation; including recreation settings, avoidance area for new utility corridors. Pipeline Project and include specific opportunities, . . . and scenic mitigation measures and project design This proposed Pacific Connector character . . . . Pipeline Project is approximately 1.5 requirements for the project. This is a miles long and occupies approximately WNF–3—Project—Specific Amendment project-specific plan amendment 17 acres within MA–3. The amendment of VQO Adjacent to the Clover Creek applicable only to the Pacific Connector would provide an exception from these Road Pipeline Project and would not change future management direction for any standards for the Pacific Connector The Winema National Forest LRMP Pipeline Project and include specific other project. would be amended to allow 10–15 years mitigation measures and project design The 36 CFR 219 planning rule to meet the VQO for Scenic requirements. This is a project-specific requirements that are likely to be Management, Foreground Partial plan amendment applicable only to the directly related to this amendment Retention, where the Pacific Connector Pacific Connector Pipeline Project and include: right-of-way is adjacent to the Clover would not change future management § 219.8(a)(2)(ii)—[The plan must Creek Road from approximately direction for any other project. include plan components to maintain or The 36 CFR 219 planning rule pipeline MP 170 to 175 in Sections 2, restore . . .] Soils and soil productivity, requirements that are likely to be 3, 4, 11, and 12, T.38S., R.5E., and including guidance to reduce soil directly related to this amendment Sections 7 and 18, T.38S., R.6E., W.M., erosion and sedimentation include: OR. This change would potentially affect approximately 50 acres. Standards WNF–5—Project-Specific Amendment § 219.10(a)(1)—[the responsible To Exempt Limitations on Detrimental official shall consider] Aesthetic and Guidelines for Foreground Partial Retention (LRMP, page 4–107, MA 3B) Soil Conditions Within the Pacific values,. . . scenery,. . . viewsheds. . .. Connector Right-of-Way in Management § 219.10(b)(i)—[the responsible require that VQOs be met within three Area 8 official shall consider] Sustainable years of completion of a project. The recreation; including recreation settings, amendment would provide an exception The Winema National Forest LRMP opportunities, . . . and scenic character from these standards for the Pacific would be amended to exempt .... Connector Pipeline Project and include restrictions on detrimental soil specific mitigation measures and project conditions from displacement and WNF–2—Project-Specific Amendment design requirements for the project. This compaction within the Pacific of VQO on the Dead Indian Memorial is a project-specific plan amendment Connector right-of-way within the Highway that would apply only to the Pacific Management Area 8, Riparian Area The Winema National Forest LRMP Connector Pipeline Project in the (MA–8). This change would potentially would be amended to allow 10–15 years vicinity of Clover Creek Road and affect approximately 0.5 mile or an

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estimated 9.6 acres of MA–8. Standards Accession Number: 20170619–5183. requirements, interventions, protests, and Guidelines for Soil and Water, MA– Comments Due: 5 p.m. ET 7/10/17. service, and qualifying facilities filings 8 require that not more than 10 percent Docket Numbers: EG17–118–000. can be found at: http://www.ferc.gov/ of the total riparian zone in an activity Applicants: CA Flats Solar 130, LLC. docs-filing/efiling/filing-req.pdf. For area be in a detrimental soil condition Description: Notice of Self- other information, call (866) 208–3676 upon the completion of a project (LRMP Certification of Exempt Wholesale (toll free). For TTY, call (202) 502–8659. page 4–137, 2). The amendment would Generator Status of CA Flats Solar 130, Dated: June 20, 2017. provide an exception from these LLC. Nathaniel J. Davis, Sr., standards for the Pacific Connector Filed Date: 6/20/17. Deputy Secretary. Pipeline Project and include specific Accession Number: 20170620–5034. mitigation measures and project design Comments Due: 5 p.m. ET 7/11/17. [FR Doc. 2017–13266 Filed 6–23–17; 8:45 am] requirements for the project. This is a Take notice that the Commission BILLING CODE 6717–01–P project-specific plan amendment received the following electric rate applicable only to the Pacific Connector filings: DEPARTMENT OF ENERGY Pipeline Project and would not change Docket Numbers: ER11–4450–001; future management direction for any ER11–4449–001. Federal Energy Regulatory other project. Applicants: Starion Energy NY, Inc., Commission The 36 CFR 219 planning rule Starion Energy Inc. requirements that are likely to be Description: Notice of Non-Material Combined Notice of Filings #1 directly related to this amendment Changes in Status of Starion Energy NY, Take notice that the Commission include: Inc., et al. § 219.8(a)(2)(ii)—[The plan must Filed Date: 6/19/17. received the following electric rate include plan components to maintain or Accession Number: 20170619–5173. filings: restore . . .] ‘‘Soils and soil Comments Due: 5 p.m. ET 7/10/17. Docket Numbers: ER10–3124–005; productivity, including guidance to Docket Numbers: ER17–1867–000. ER10–3129–005; ER10–3130–005; reduce soil erosion and sedimentation’’ Applicants: PacifiCorp. ER10–3132–005; ER10–3134–005; If any of the proposed amendments to Description: § 205(d) Rate Filing: BPA ER10–3137–005 the Winema NF LRMP described above General Transfer Agreement (West) Rev Applicants: Noble Altona Windpark, are determined to be directly related to 9 to be effective 1/1/2017. LLC, Noble Bliss Windpark, LLC, Noble a substantive rule requirement, the Filed Date: 6/19/17. Chateaugay Windpark, LLC, Noble Responsible Official must apply that Accession Number: 20170619–5157. Clinton Windpark I, LLC, Noble requirement within the scope and scale Comments Due: 5 p.m. ET 7/10/17. Ellenburg Windpark, LLC, Noble of the proposed amendment and, if Docket Numbers: ER17–1868–000. Wethersfield Windpark, LLC. necessary, make adjustments to the Applicants: Southwest Power Pool, Description: Triennial Market Power proposed amendment to meet the rule Inc. Analysis for the Northeast Region of the requirement (36 CFR 219.13 (b)(5) and Description: § 205(d) Rate Filing: Noble Sellers. (6)). 1977R9 Nemaha-Marshall Electric Filed Date: 6/14/17. [FR Doc. 2017–13271 Filed 6–23–17; 8:45 am] Cooperative NITSA and NOA to be Accession Number: 20170614–5213. BILLING CODE 6717–01–P effective 9/1/2017. Comments Due: 5 p.m. ET 8/14/17. Filed Date: 6/20/17. Docket Numbers: ER17–1820–000. Accession Number: 20170620–5018. Applicants: PJM Interconnection, DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 7/11/17. L.L.C. Take notice that the Commission Description: § 205(d) Rate Filing: Federal Energy Regulatory received the following qualifying Original Service Agreement No. 4732, Commission facility filings: Queue Position #AC1–202 to be effective 5/16/2017. Combined Notice of Filings #1 Docket Numbers: QF17–1116–000. Applicants: Ultramar Inc. Filed Date: 6/14/17. Take notice that the Commission Description: Form 556 of Ultramar Accession Number: 20170614–5186. received the following exempt Inc. Comments Due: 5 p.m. ET 7/5/17. wholesale generator filings: Filed Date: 6/19/17. Docket Numbers: ER17–1821–000. Docket Numbers: EG17–116–000. Accession Number: 20170619–5172. Applicants: Panda Stonewall LLC. Applicants: Horse Hollow Wind IV, Comments Due: None Applicable. Description: Baseline eTariff Filing: LLC. The filings are accessible in the Reactive Supply and Voltage Control Description: Notice of Self- Commission’s eLibrary system by from Generation to be effective 6/15/ Certification of Exempt Wholesale clicking on the links or querying the 2017. Generator Status of Horse Hollow Wind docket number. Filed Date: 6/14/17. IV, LLC. Any person desiring to intervene or Accession Number: 20170614–5207. Filed Date: 6/19/17. protest in any of the above proceedings Comments Due: 5 p.m. ET 7/5/17. Accession Number: 20170619–5179. must file in accordance with Rules 211 Docket Numbers: ER17–1822–000. Comments Due: 5 p.m. ET 7/10/17. and 214 of the Commission’s Applicants: Pacific Gas and Electric Docket Numbers: EG17–117–000. Regulations (18 CFR 385.211 and Company. Applicants: Horse Hollow Wind II, 385.214) on or before 5:00 p.m. Eastern Description: Notice of Termination of LLC. time on the specified comment date. Special Facilities Service Agreement Description: Notice of Self- Protests may be considered, but No. 36 of Pacific Gas and Electric Certification of Exempt Wholesale intervention is necessary to become a Company. Generator Status of Horse Hollow Wind party to the proceeding. Filed Date: 6/14/17. II, LLC. eFiling is encouraged. More detailed Accession Number: 20170614–5216. Filed Date: 6/19/17. information relating to filing Comments Due: 5 p.m. ET 7/5/17.

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Docket Numbers: ER17–1823–000. Description: Baseline eTariff Filing: Dated: June 15, 2017. Applicants: Southwest Power Pool, Application of Market Based Rate to be Nathaniel J. Davis, Sr., Inc. effective 7/1/2017. Deputy Secretary. Description: § 205(d) Rate Filing: Filed Date: 6/15/17. [FR Doc. 2017–13265 Filed 6–23–17; 8:45 am] 1895R6 Westar Energy, Inc. NITSA and Accession Number: 20170615–5040. BILLING CODE 6717–01–P NOA to be effective 9/1/2017. Comments Due: 5 p.m. ET 7/6/17. Filed Date: 6/15/17. Docket Numbers: ER17–1831–000. Accession Number: 20170615–5006. Applicants: AEP Texas Inc. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 7/6/17. Description: § 205(d) Rate Filing: AEP Docket Numbers: ER17–1824–000. Federal Energy Regulatory TX-Patriot Wind Farm Interconnection Commission Applicants: Southwest Power Pool, Agreement 3rd Amd to be effective 5/ Inc. 24/2017. [Project No. 1510–018] Description: § 205(d) Rate Filing: Filed Date: 6/15/17. 1897R6 Westar Energy, Inc. NITSA and Accession Number: 20170615–5057. Kaukauna Utilities; Notice Soliciting NOA to be effective 9/1/2017. Comments Due: 5 p.m. ET 7/6/17. Scoping Comments Filed Date: 6/15/17. Accession Number: 20170615–5028. Docket Numbers: ER17–1832–000. Take notice that the following Comments Due: 5 p.m. ET 7/6/17. Applicants: AEP Texas Inc. hydroelectric application has been filed with the Commission and is available Docket Numbers: ER17–1825–000. Description: § 205(d) Rate Filing: AEP TX-Bruenning’s Breeze Wind for public inspection. Applicants: Southwest Power Pool, a. Type of Application: New Major Inc. Interconnection Agreement 1st Amd to be effective 5/24/2017. License. Description: § 205(d) Rate Filing: b. Project No.: P–1510–018. 2045R6 Westar Energy, Inc. NITSA and Filed Date: 6/15/17. Accession Number: 20170615–5060. c. Date filed: March 24, 2017. NOA to be effective 9/1/2017. d. Applicant: Kaukauna Utilities. Comments Due: 5 p.m. ET 7/6/17. Filed Date: 6/15/17. e. Name of Project: Kaukauna City Accession Number: 20170615–5030. Docket Numbers: ER17–1833–000. Plant Hydropower Project. Comments Due: 5 p.m. ET 7/6/17. Applicants: Midcontinent f. Location: On the Fox River in Docket Numbers: ER17–1826–000. Independent System Operator, Inc. Outagamie County, Wisconsin. There Applicants: Duke Energy Carolinas, Description: § 205(d) Rate Filing: are no federal or tribal lands within the LLC. 2017–06–15_SA 2929 Huron Wind-ITC project boundary. Description: § 205(d) Rate Filing: Amended GIA (J308) to be effective 6/ g. Filed Pursuant to: Federal Power OATT Attachment C–1 and C–3 1/2017. Act 16 U.S.C. 791(a)–825(r). Amendment Filing to be effective 9/1/ Filed Date: 6/15/17. h. Applicant Contact: Mr. Mike 2017. Accession Number: 20170615–5061. Pedersen, Kaukauna Utilities, 777 Island Filed Date: 6/15/17. Comments Due: 5 p.m. ET 7/6/17. Street, P.O. Box 1777, Kaukauna, WI Accession Number: 20170615–5032. Docket Numbers: ER17–1834–000. 54130; (920) 766–5721. Comments Due: 5 p.m. ET 7/6/17. Applicants: PJM Interconnection, i. FERC Contact: Erin Kimsey, (202) Docket Numbers: ER17–1827–000. L.L.C. 502–8621 or [email protected]. j. Deadline for filing scoping Applicants: Southwest Power Pool, Description: § 205(d) Rate Filing: comments: August 21, 2017. Inc. Clean-up to Historical Correct OATT The Commission strongly encourages Description: § 205(d) Rate Filing: Sch. 12- Appdx A Dominion, ATSI, electronic filing. Please file scoping 2066R6 Westar Energy, Inc. NITSA and Penelec to be effective 1/1/2016. comments using the Commission’s NOA to be effective 9/1/2017. Filed Date: 6/15/17. Filed Date: 6/15/17. eFiling system at http://www.ferc.gov/ Accession Number: 20170615–5064. docs-filing/efiling.asp. Commenters can Accession Number: 20170615–5034. Comments Due: 5 p.m. ET 7/6/17. Comments Due: 5 p.m. ET 7/6/17. submit brief comments up to 6,000 The filings are accessible in the characters, without prior registration, Docket Numbers: ER17–1828–000. Commission’s eLibrary system by using the eComment system at http:// Applicants: Southwest Power Pool, clicking on the links or querying the www.ferc.gov/docs-filing/ Inc. docket number. ecomment.asp. You must include your Description: § 205(d) Rate Filing: Any person desiring to intervene or name and contact information at the end 2390R5 Westar Energy, Inc. NITSA and protest in any of the above proceedings of your comments. For assistance, NOA to be effective 9/1/2017. must file in accordance with Rules 211 please contact FERC Online Support at Filed Date: 6/15/17. and 214 of the Commission’s [email protected], (866) Accession Number: 20170615–5036. Regulations (18 CFR 385.211 and 208–3676 (toll free), or (202) 502–8659 Comments Due: 5 p.m. ET 7/6/17. 385.214) on or before 5:00 p.m. Eastern (TTY). In lieu of electronic filing, please Docket Numbers: ER17–1829–000. time on the specified comment date. send a paper copy to: Secretary, Federal Applicants: Southwest Power Pool, Protests may be considered, but Energy Regulatory Commission, 888 Inc. intervention is necessary to become a First Street NE., Washington, DC 20426. Description: § 205(d) Rate Filing: party to the proceeding. The first page of any filing should 2491R5 Westar Energy, Inc. NITSA and eFiling is encouraged. More detailed include docket number P–1510–018. NOA to be effective 9/1/2017. information relating to filing The Commission’s Rules of Practice Filed Date: 6/15/17. requirements, interventions, protests, require all intervenors filing documents Accession Number: 20170615–5039. service, and qualifying facilities filings with the Commission to serve a copy of Comments Due: 5 p.m. ET 7/6/17. can be found at: http://www.ferc.gov/ that document on each person on the Docket Numbers: ER17–1830–000. docs-filing/efiling/filing-req.pdf. For official service list for the project. Applicants: CXA Sundevil Holdco, other information, call (866) 208–3676 Further, if an intervenor files comments Inc. (toll free). For TTY, call (202) 502–8659. or documents with the Commission

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relating to the merits of an issue that related to this or other pending projects. Description: Second Supplement to may affect the responsibilities of a For assistance, contact FERC Online December 22, 2016 Triennial Market particular resource agency, they must Support. Power Update for the Northeast Region also serve a copy of the document on o. Scoping Process of New Brunswick Energy Marketing that resource agency. The Commission staff intends to Corporation. k. This application is not ready for prepare a single Environmental Filed Date: 6/20/17. environmental analysis at this time. Assessment (EA) for the Kaukauna City Accession Number: 20170620–5102. l. The existing Kaukauna City Plant Plant Hydroelectric Project in Comments Due: 5 p.m. ET 7/11/17. Hydroelectric Project consists of: (1) A accordance with the National Docket Numbers: ER17–1869–000. 3,527-foot-long, 14-foot-high dam that Environmental Policy Act. The EA will Applicants: Southwest Power Pool, includes: (a) A 930-foot-long, 14-foot- consider both site-specific and Inc. high rubble masonry retaining wall cumulative environmental impacts and Description: § 205(d) Rate Filing: section (left forebay dam) with a reasonable alternatives to the proposed 607R31 Westar Energy, Inc. NITSA NOA remnant concrete headwall structure action. to be effective 6/1/2017. and a trash sluice; (b) a 92-foot-long, Commission staff does not propose to Filed Date: 6/20/17. 47.5-foot-high concrete intake and conduct any on-site scoping meetings at Accession Number: 20170620–5028. powerhouse section; (c) a 365-foot-long, this time. Instead, we are soliciting Comments Due: 5 p.m. ET 7/11/17. 20-foot-high rubble masonry retaining comments, recommendations, and wall section (right forebay dam) with a Docket Numbers: ER17–1870–000. information, on Scoping Document 1 Applicants: Southwest Power Pool, masonry abutment section and a (SD1) issued on June 20, 2017. concrete gravity section with a trash Inc. Copies of SD1 outlining the subject Description: § 205(d) Rate Filing: sluice; (d) a 66-foot-long gated spillway areas to be addressed in the EA were section with two 30-foot-wide, 8.8-foot- 2562R5 Kansas Municipal Energy distributed to the parties on the Agency NITSA and NOA to be effective high spillway gates; and (e) a 2,074-foot- Commission’s mailing list and the long, 10-foot-high overflow spillway 9/1/2017. applicant’s distribution list. Copies of Filed Date: 6/20/17. section that includes a 1,305-foot-long SD1 may be viewed on the web at concrete ogee section, a 75-foot-long Accession Number: 20170620–5076. http://www.ferc.gov using the Comments Due: 5 p.m. ET 7/11/17. natural rock section, a 125-foot-long ‘‘eLibrary’’ link. Enter the docket concrete gravity section, and a 569-foot- number excluding the last three digits in Docket Numbers: ER17–1871–000. long concrete gravity section; (2) a 19- the docket number field to access the Applicants: Bayshore Solar B, LLC. acre 1.5-mile-long impoundment with a document. For assistance, call 1–866– Description: Baseline eTariff Filing: normal maximum elevation of 629.0 208–3676 or for TTY, (202) 502–8659. Bayshore Solar B, LLC MBR Tariff to be above mean seal level; (3) an intake effective 8/20/2017. structure with two head gates and two Dated: June 20, 2017. Filed Date: 6/20/17. 25-foot-high, 88-foot-long trashracks Nathaniel J. Davis, Sr., Accession Number: 20170620–5077. with 5 inch clear-bar spacing; (4) a 92- Deputy Secretary. Comments Due: 5 p.m. ET 7/11/17. foot-long, 47.5-foot-high concrete and [FR Doc. 2017–13270 Filed 6–23–17; 8:45 am] Docket Numbers: ER17–1872–000. brick powerhouse containing two 2.4- BILLING CODE 6717–01–P Applicants: New York Independent megawatt (MW) turbine-generator units System Operator, Inc., Niagara Mohawk for a total capacity of 4.8 MW; (5) a 440- Power Corporation. foot-wide, 49-foot-deep, 1,200-foot-long DEPARTMENT OF ENERGY Description: § 205(d) Rate Filing: 205 excavated tailrace; (6) two 68-foot-long, Bethlehem LGIA SA 2341 among Federal Energy Regulatory 2.4-kilovolt generator leads that connect NYISO, NMPC, PSEG to be effective 6/ Commission the turbine-generator units to the 7/2017. regional distribution line; and (7) Combined Notice of Filings #2 Filed Date: 6/20/17. appurtenant facilities. Accession Number: 20170620–5083. Kaukauna Utilities operates the Take notice that the Commission Comments Due: 5 p.m. ET 7/11/17. project in a run-of-river mode with an received the following electric rate Docket Numbers: ER17–1873–000. annual average generation of filings: approximately 29,704 megawatt-hours. Applicants: Public Service Company Docket Numbers: ER10–2290–005. Kaukauna Utilities is not proposing any of Colorado. Applicants: Avista Corporation. new project facilities or changes in Description: § 205(d) Rate Filing: Description: Fourth Amendment to project operation. PSCo-WAPA-Brlngtn Bndry Mtr–402– m. A copy of the application is June 30, 2016 Triennial Market Power 0.1.0 to be effective 6/21/2017. available for review at the Commission Update for the Northwest Region of Filed Date: 6/20/17. in the Public Reference Room or may be Avista Corporation. Accession Number: 20170620–5107. viewed on the Commission’s Web site at Filed Date: 6/20/17. Comments Due: 5 p.m. ET 7/11/17. http://www.ferc.gov using the Accession Number: 20170620–5097. The filings are accessible in the Comments Due: 5 p.m. ET 7/11/17. ‘‘eLibrary’’ link. Enter the docket Commission’s eLibrary system by number excluding the last three digits in Docket Numbers: ER10–2507–013. clicking on the links or querying the the docket number field to address the Applicants: Westar Energy, Inc. docket number. document. For assistance, contact FERC Description: Notice of Non-Material Any person desiring to intervene or Online Support. A copy is available for Change in Status of Westar Energy, Inc. protest in any of the above proceedings inspection and reproduction at the Filed Date: 6/20/17. must file in accordance with Rules 211 address in item h above. Accession Number: 20170620–5091. and 214 of the Commission’s n. You may also register online at Comments Due: 5 p.m. ET 7/11/17. Regulations (18 CFR 385.211 and http://www.ferc.gov/docs-filing/ Docket Numbers: ER14–225–004. 385.214) on or before 5:00 p.m. Eastern esubscription.asp to be notified via Applicants: New Brunswick Energy time on the specified comment date. email of new filings and issuances Marketing Corporation. Protests may be considered, but

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intervention is necessary to become a of the intervention or protest to the [email protected] or Wendy M. Payne, party to the proceeding. Federal Energy Regulatory Commission, Executive Director, Federal Accounting eFiling is encouraged. More detailed 888 First Street NE., Washington, DC Standards Advisory Board, 441 G Street information relating to filing 20426. NW., Suite 6814, Mailstop 6H19, requirements, interventions, protests, The filings in the above-referenced Washington, DC 20548. service, and qualifying facilities filings proceeding are accessible in the Authority: Federal Advisory Committee can be found at: http://www.ferc.gov/ Commission’s eLibrary system by Act, Pub. L. 92–463. docs-filing/efiling/filing-req.pdf. For clicking on the appropriate link in the other information, call (866) 208–3676 above list. They are also available for Dated: June 21, 2017. (toll free). For TTY, call (202) 502–8659. electronic review in the Commission’s Wendy M. Payne, Executive Director. Dated: June 20, 2017. Public Reference Room in Washington, Nathaniel J. Davis, Sr., DC. There is an eSubscription link on [FR Doc. 2017–13292 Filed 6–23–17; 8:45 am] Deputy Secretary. the Web site that enables subscribers to BILLING CODE 1610–02–P receive email notification when a [FR Doc. 2017–13267 Filed 6–23–17; 8:45 am] document is added to a subscribed BILLING CODE 6717–01–P docket(s). For assistance with any FERC FEDERAL DEPOSIT INSURANCE Online service, please email CORPORATION DEPARTMENT OF ENERGY [email protected]. or call (866) 208–3676 (toll free). For TTY, call Agency Information Collection Federal Energy Regulatory (202) 502–8659. Activities: Proposed Collection Renewals; Comment Request (3064– Commission Dated: June 20, 2017. 0083 & 0194) [Docket No. ER17–1864–000] Nathaniel J. Davis, Sr., Deputy Secretary. AGENCY: Federal Deposit Insurance Bayshore Solar A, LLC; Supplemental [FR Doc. 2017–13269 Filed 6–23–17; 8:45 am] Corporation (FDIC). Notice That Initial Market-Based Rate BILLING CODE 6717–01–P ACTION: Notice and request for comment. Filing Includes Request for Blanket Section 204 Authorization SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork This is a supplemental notice in the FEDERAL ACCOUNTING STANDARDS and respondent burden, invites the above-referenced proceeding of ADVISORY BOARD general public and other Federal Bayshore Solar A, LLC’s application for agencies to take this opportunity to market-based rate authority, with an Notice of Request for Comment on the Exposure Draft of a Proposed Federal comment on the renewal of existing accompanying rate tariff, noting that information collections, as required by such application includes a request for Financial Accounting Technical Release Entitled Implementation the Paperwork Reduction Act of 1995. blanket authorization, under 18 CFR Currently, the FDIC is soliciting part 34, of future issuances of securities Guidance for Establishing Opening Balances comment on renewal of the information and assumptions of liability. collections described below. Any person desiring to intervene or to AGENCY: Federal Accounting Standards protest should file with the Federal DATES: Comments must be submitted on Advisory Board. Energy Regulatory Commission, 888 or before August 25, 2017. First Street NE., Washington, DC 20426, ACTION: Notice. ADDRESSES: Interested parties are in accordance with Rules 211 and 214 invited to submit written comments to of the Commission’s Rules of Practice FOR FURTHER INFORMATION CONTACT: Ms. the FDIC by any of the following and Procedure (18 CFR 385.211 and Wendy M. Payne, Executive Director, methods: 385.214). Anyone filing a motion to 441 G Street NW., Mailstop 6H19, • http://www.FDIC.gov/regulations/ intervene or protest must serve a copy Washington, DC 20548, or call (202) laws/federal/notices.html. • of that document on the Applicant. 512–7350. Email: [email protected]. Include Notice is hereby given that the SUPPLEMENTARY INFORMATION: the name and number of the collection deadline for filing protests with regard Board Action: Pursuant to 31 U.S.C. in the subject line of the message. to the applicant’s request for blanket 3511(d), the Federal Advisory • Mail: Jennifer Jones (202–898– authorization, under 18 CFR part 34, of Committee Act (Pub. L. 92–463), as 6768), Counsel, MB–3105, Federal future issuances of securities and amended, and the FASAB Rules Of Deposit Insurance Corporation, 550 17th assumptions of liability, is July 10, Procedure, as amended in October 2010, Street NW., Washington, DC 20429. • 2017. notice is hereby given that the Federal Hand Delivery: Comments may be The Commission encourages Accounting Standards Advisory Board hand-delivered to the guard station at electronic submission of protests and (FASAB) has issued an exposure draft of the rear of the 17th Street Building interventions in lieu of paper, using the a proposed Federal Financial (located on F Street), on business days FERC Online links at http:// Accounting Technical Release entitled between 7:00 a.m. and 5:00 p.m. www.ferc.gov. To facilitate electronic Implementation Guidance for All comments should refer to the service, persons with Internet access Establishing Opening Balances. relevant OMB control number. A copy who will eFile a document and/or be The exposure draft is available on the of the comments may also be submitted listed as a contact for an intervenor FASAB Web site at http:// to the OMB desk officer for the FDIC: must create and validate an www.fasab.gov/documents-for- Office of Information and Regulatory eRegistration account using the comment/. Copies can be obtained by Affairs, Office of Management and eRegistration link. Select the eFiling contacting FASAB at (202) 512–7350. Budget, New Executive Office Building, link to log on and submit the Respondents are encouraged to Washington, DC 20503. intervention or protests. comment on any part of the exposure FOR FURTHER INFORMATION CONTACT: Persons unable to file electronically draft. Written comments are requested Jennifer Jones, at the FDIC address should submit an original and 5 copies by July 21, 2017, and should be sent to above.

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SUPPLEMENTARY INFORMATION: 1. Title: Recordkeeping and Affected Public: State nonmember Proposal to renew the following Disclosure Requirements in Connection banks and state savings associations currently approved collections of with Regulation M (Consumer Leasing). engaging in consumer leasing. OMB Number: 3064–0083. information: Burden Estimate: Form Number: None.

Estimated Estimated Estimated Total annual Type of burden number of number of time per Frequency of estimated respondents responses response response burden

Recordkeeping Requirements in Recordkeeping ... 52 100 0.375 On Occasion...... 1,950 Connection with Regulation M (Consumer Leasing). Third-Party Disclosure Require- Third-Party Dis- 52 100 0.375 On Occasion...... 1,950 ments in Connection with Regu- closure. lation M (Consumer Leasing).

Total hourly burden ...... 3,900

General Description of Collection: There is no change in the method or Form Number: Covered Financial Regulation M (12 CFR 1013), issued by substance of the collection. The overall Company Asset Sales Purchaser the Bureau of Consumer Financial reduction in burden hours is a result of Eligibility Certification—7300/10. Protection, implements the consumer (1) economic fluctuation and (2) an Affected Public: Any individual or leasing provisions of the Truth in updated estimate (based on historical entity that is a potential purchaser of Lending Act. Regulation M requires information) of state nonmember banks assets from (1) the FDIC as receiver for lessors of personal property to provide and state savings associations engaged a Covered Financial Company (‘‘CFC’’); consumers with meaningful disclosures in consumer leasing. In particular, the or (2) a bridge financial company about the costs and terms of the leases number of respondents has decreased (‘‘BFC’’) which requires the approval of for personal property. Lessors are while the hours per response remain the the FDIC, as receiver for the predecessor required to retain evidence of same. CFC and as the sole shareholder of the compliance with Regulation M for 2. Title: Covered Financial Company BFC (e.g., the BFC’s sale of a significant Asset Purchaser Eligibility Certification. business line). twenty-four months. OMB Number: 3064–0194. Burden Estimate:

Estimated Estimated Estimated Total annual Type of burden number of number of time per Frequency of estimated respondents responses response response burden

Covered Financial Company Asset Reporting ...... 10 1 .5 Annual...... 5 Sales Purchaser Eligibility Certifi- cation.

Total hourly burden ...... 5

General Description of Collection: receiver for the predecessor CFC and as technology. All comments will become Assets held by the FDIC in the course the sole shareholder of the BFC. a matter of public record. of liquidating any covered financial There is no change in the method or Dated at Washington, DC, this 21st day of company must not be sold to persons substance of the collection. The number June, 2017. who contributed to the demise of a of respondents and the hours per Federal Deposit Insurance Corporation. covered financial company in specified response remain the same. ways (e.g., individuals who profited or Robert E. Feldman, engaged in wrongdoing at the expense Request for Comment Executive Secretary. of the failed institution, or seriously Comments are invited on: (a) Whether [FR Doc. 2017–13311 Filed 6–23–17; 8:45 am] mismanaged the failed institution). 12 the collections of information are BILLING CODE 6714–01–P CFR part 380 requires prospective necessary for the proper performance of purchasers to complete and submit a the FDIC’s functions, including whether Purchaser Eligibility Certification the information has practical utility; (b) (‘‘PEC’’) to the FDIC. The PEC is a self- the accuracy of the estimates of the certification by a prospective purchaser burden of the information collections, that it does not fall into any of the including the validity of the categories of individuals or entities that methodology and assumptions used; (c) are prohibited by statute or regulation ways to enhance the quality, utility, and from purchasing the assets of covered clarity of the information to be financial companies. The PEC will be collected; and (d) ways to minimize the required in connection with the sale of burden of the collections of information assets by the FDIC, as receiver for a CFC, on respondents, including through the or the sale of assets by a BFC which use of automated collection techniques requires the approval of the FDIC, as or other forms of information

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DEPARTMENT OF HEALTH AND Control and Prevention, 1600 Clifton Centers for Disease Control and HUMAN SERVICES Road NE., MS–D74, Atlanta, Georgia Prevention (CDC). 30329; phone: 404–639–7570; Email: Background and Brief Description Centers for Disease Control and [email protected]. Prevention On March 27, 2017, CDC issued a SUPPLEMENTARY INFORMATION: Under the Broad Agency Announcement (FY2017– [60Day–17–17ACY; Docket No. CDC–2017– Paperwork Reduction Act of 1995 (PRA) 0041] OADS–01) available at https:// (44 U.S.C. 3501–3520), Federal agencies www.fbo.gov/spg/HHS/CDCP/PGOA/ Proposed Data Collection Submitted must obtain approval from the Office of FY2017-OADS-01/listing.html. There is for Public Comment and Management and Budget (OMB) for each potential for standardized information Recommendations collection of information they conduct collection attached to a limited number or sponsor. In addition, the PRA also of awarded projects. For those projects, AGENCY: Centers for Disease Control and requires Federal agencies to provide a a 30-day notice will be published in the Prevention (CDC), Department of Health 60-day notice in the Federal Register Federal Register and information and Human Services (HHS). concerning each proposed collection of collection requests will be submitted to ACTION: Notice with comment period. information, including each new OMB for approval. This Federal proposed collection, each proposed Register notice is intended to broadly SUMMARY: The Centers for Disease extension of existing collection of inform the public of CDC’s intent to Control and Prevention (CDC), as part of information, and each reinstatement of its continuing efforts to reduce public contract with researchers to carry out a previously approved information variety of different research projects burden and maximize the utility of collection before submitting the government information, invites the awarded through this announcement. collection to OMB for approval. To For this announcement, CDC has general public and other Federal comply with this requirement, we are agencies to take this opportunity to identified the following research areas publishing this notice of a proposed of interest. Interested parties are invited comment on proposed and/or data collection as described below. continuing information collections, as to consider innovative approaches to Comments are invited on: (a) Whether required by the Paperwork Reduction support advanced research and the proposed collection of information Act of 1995. As part of a Broad Agency development strategies in the following is necessary for the proper performance Announcement (BAA) issued for the research areas of interest: of the functions of the agency, including competitive selection of research 1. New diagnostic, sequencing and whether the information shall have proposals, this notice invites comment metagenomic tools for antibiotic practical utility; (b) the accuracy of the on the proposed information collection detection and improved antibiotic use agency’s estimate of the burden of the project titled ‘‘Applied Research to 2. International Transmission, proposed collection of information; (c) Address Emerging Public Health colonization, and prevention of ways to enhance the quality, utility, and Priorities.’’ antibiotic resistance (AR) pathogens clarity of the information to be 3. Domestic transmission, DATES: Written comments must be collected; (d) ways to minimize the colonization, and prevention of received on or before August 25, 2017. burden of the collection of information antibiotic resistance pathogens and ADDRESSES: You may submit comments, on respondents, including through the Clostridium difficile infections (CDI) identified by Docket No. CDC–2017– use of automated collection techniques 4. Microbiome disruption 0041 by any of the following methods: or other forms of information 5. Antibiotic resistance pathogens and • Federal eRulemaking Portal: technology; and (e) estimates of capital genes in water systems and the Regulations.gov. Follow the instructions or start-up costs and costs of operation, environment and their contribution to for submitting comments. maintenance, and purchase of services • human infections Mail: Leroy A. Richardson, to provide information. Burden means 6. Medication safety and antibiotic Information Collection Review Office, the total time, effort, or financial stewardship Centers for Disease Control and resources expended by persons to 7. Improving the timeliness, accuracy, Prevention, 1600 Clifton Road NE., MS– generate, maintain, retain, disclose or and usability of public health D74, Atlanta, Georgia 30329. provide information to or for a Federal emergency management, surveillance Instructions: All submissions received agency. This includes the time needed and survey information data must include the agency name and to review instructions; to develop, Contracts that are awarded based on Docket Number. All relevant comments acquire, install and utilize technology responses to this BAA are as a result of received will be posted without change and systems for the purpose of full and open competition and therefore to Regulations.gov, including any collecting, validating and verifying in full compliance with the provisions personal information provided. For information, processing and of PL 98–369, ‘‘The Competition in access to the docket to read background maintaining information, and disclosing Contracting Act of 1984.’’ CDC contracts documents or comments received, go to and providing information; to train with educational institutions, nonprofit Regulations.gov. personnel and to be able to respond to organizations, state and local Please note: All public comment should be a collection of information, to search government, and private industry for submitted through the Federal eRulemaking data sources, to complete and review research and development (R&D) in portal (Regulations.gov) or by U.S. mail to the the collection of information; and to those areas covered in this BAA. address listed above. transmit or otherwise disclose the The public is invited to look at the FOR FURTHER INFORMATION CONTACT: To information. BAA online for greater detail and more request more information on the Proposed Project specific research areas falling under the proposed project or to obtain a copy of seven topics listed above. the information collection plan and Applied Research to Address Authorizing legislation comes from instruments, contact Leroy A. Emerging Public Health Priorities— Section 301 of the Public Health Service Richardson, Information Collection New—National Center for Emerging and Act. Responses will be voluntary and it Review Office, Centers for Disease Zoonotic Infectious Diseases (NCEZID), is not expected that there will be any

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cost to respondents other than the time The total estimated burden for all of hours of burden for a maximum of 15 to participate in information collection. the information collections is not potentially PRA-applicable contracts). expected to exceed 1,500 hours (100

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hrs.) respondent (in hrs.)

Public ...... Information Collection ...... 150 1 1 1,500

Total ...... 1,500

Leroy A. Richardson, DATES: Comments on the collection(s) of revision or reinstatement of an existing Chief, Information Collection Review Office, information must be received by the collection of information, before Office of Scientific Integrity, Office of the OMB desk officer by July 26, 2017. submitting the collection to OMB for Associate Director for Science, Office of the ADDRESSES: When commenting on the approval. To comply with this Director, Centers for Disease Control and proposed information collections, requirement, CMS is publishing this Prevention. please reference the document identifier notice that summarizes the following [FR Doc. 2017–13320 Filed 6–23–17; 8:45 am] or OMB control number. To be assured proposed collection(s) of information for BILLING CODE 4163–18–P consideration, comments and public comment: recommendations must be received by 1. Type of Information Collection the OMB desk officer via one of the Request: Extension of a currently DEPARTMENT OF HEALTH AND approved collection; Title of HUMAN SERVICES following transmissions: OMB, Office of Information and Regulatory Affairs, Information Collection: Health Attention: CMS Desk Officer, Fax Insurance Benefit Agreement; Use: Centers for Medicare & Medicaid Applicants to the Medicare program are Services Number: (202) 395–5806 OR, Email: [email protected]. required to agree to provide services in [Document Identifier: CMS–1561/1561A, To obtain copies of a supporting accordance with federal requirements. CMS–370 and CMS–377] statement and any related forms for the The CMS–1561/1561A is essential in proposed collection(s) summarized in that is allows us to ensure that Agency Information Collection this notice, you may make your request applicants are in compliance with the Activities: Submission for OMB using one of following: requirements. Applicants will be Review; Comment Request 1. Access CMS’ Web site address at required to sign the completed form and Web site address at https:// provide operational information to us to AGENCY: Centers for Medicare & assure that they continue to meet the Medicaid Services, HHS. www.cms.gov/Regulations-and- Guidance/Legislation/ requirements after approval. Form ACTION: Notice. PaperworkReductionActof1995/PRA- Number: CMS–1561/1561A (OMB Listing.html. control number: 0938–0832); Frequency: SUMMARY: The Centers for Medicare & Yearly; Affected Public: Private sector— Medicaid Services (CMS) is announcing 2. Email your request, including your address, phone number, OMB number, (Business or other for-profits and Not- an opportunity for the public to for-profit institutions); Number of comment on CMS’ intention to collect and CMS document identifier, to [email protected]. Respondents: 2,400; Total Annual information from the public. Under the Responses: 2,400; Total Annual Hours: Paperwork Reduction Act of 1995 3. Call the Reports Clearance Office at (410) 786–1326. 400. (For policy questions regarding this (PRA), federal agencies are required to collection contact Shonte Carter at 410– FOR FURTHER INFORMATION CONTACT: publish notice in the Federal Register 786–3532). concerning each proposed collection of William Parham at (410) 786–4669. 2. Type of Information Collection information, including each proposed SUPPLEMENTARY INFORMATION: Under the Request: Extension of a currently extension or reinstatement of an existing Paperwork Reduction Act of 1995 (PRA) approved collection; Titles of collection of information, and to allow (44 U.S.C. 3501–3520), federal agencies Information Collection: ASC Forms for a second opportunity for public must obtain approval from the Office of Medicare Program Certification; Use: comment on the notice. Interested Management and Budget (OMB) for each The CMS–370 is used to establish persons are invited to send comments collection of information they conduct eligibility for payment. This agreement, regarding the burden estimate or any or sponsor. The term ‘‘collection of upon submission by the ambulatory other aspect of this collection of information’’ is defined in 44 U.S.C. surgical center (ASC) and acceptance for information, including the necessity and 3502(3) and 5 CFR 1320.3(c) and filing by the Secretary of Health & utility of the proposed information includes agency requests or Human Services, shall be binding on collection for the proper performance of requirements that members of the public both the ASC and the Secretary. The the agency’s functions, the accuracy of submit reports, keep records, or provide agreement may be terminated by either the estimated burden, ways to enhance information to a third party. Section party in accordance with regulations. In the quality, utility, and clarity of the 3506(c)(2)(A) of the PRA (44 U.S.C. the event of termination, payment will information to be collected; and the use 3506(c)(2)(A)) requires federal agencies not be available for ASC services of automated collection techniques or to publish a 30-day notice in the furnished on or after the effective date other forms of information technology to Federal Register concerning each of termination. minimize the information collection proposed collection of information, The Request for Certification or burden. including each proposed extension, Update of Certification Information in

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the Medicare Program Form (CMS–377) collected, and the use of automated approval from the Office of Management is used by State agencies who conduct collection techniques or other forms of and Budget (OMB) for each collection of certification surveys on CMS’ behalf to information technology to minimize the information they conduct or sponsor. maintain information on the facility’s information collection burden. The term ‘‘collection of information’’ is characteristics that facilitate conducting DATES: Comments must be received by defined in 44 U.S.C. 3502(3) and 5 CFR surveys, e.g., determining the size and August 25, 2017. 1320.3(c) and includes agency requests the composition of the survey team on ADDRESSES: When commenting, please or requirements that members of the the basis of the number of ORs/ reference the document identifier or public submit reports, keep records, or procedure rooms and the types of OMB control number. To be assured provide information to a third party. surgical procedures performed in the consideration, comments and Section 3506(c)(2)(A) of the PRA ASC. Form Numbers: CMS–370 and recommendations must be submitted in requires federal agencies to publish a CMS–377 (OMB control number: 0938– any one of the following ways: 60-day notice in the Federal Register 0266); Frequency: Occasionally; 1. Electronically. You may send your concerning each proposed collection of Affected Public: Private Sector— comments electronically to http:// information, including each proposed Business or other for-profit and Not-for- www.regulations.gov. Follow the extension or reinstatement of an existing profit institutions; Number of instructions for ‘‘Comment or collection of information, before Respondents: 5,694; Total Annual Submission’’ or ‘‘More Search Options’’ submitting the collection to OMB for Responses: 1,898; Total Annual Hours: to find the information collection approval. To comply with this 627. (For policy questions regarding this document(s) that are accepting requirement, CMS is publishing this collection contact Erin McCoy at 410– comments. notice. 786–2337.) 2. By regular mail. You may mail Information Collection Dated: June 21, 2017. written comments to the following William N. Parham, III, address: CMS, Office of Strategic 1. Type of Information Collection Director, Paperwork Reduction Staff, Office Operations and Regulatory Affairs, Request: Extension of a currently of Strategic Operations and Regulatory Division of Regulations Development, approved collection; Title of Affairs. Attention: Document Identifier/OMB Information Collection: State Medicaid ______[FR Doc. 2017–13321 Filed 6–23–17; 8:45 am] Control Number , Room C4– HIT Plan, Planning Advance Planning BILLING CODE 4120–01–P 26–05, 7500 Security Boulevard, Document, and Implementation Baltimore, Maryland 21244–1850. Advance Planning Document for To obtain copies of a supporting Section 4201 of the Recovery Act; Use: DEPARTMENT OF HEALTH AND statement and any related forms for the To assess the appropriateness of state HUMAN SERVICES proposed collection(s) summarized in requests for the administrative Federal this notice, you may make your request financial participation for expenditures Centers for Medicare & Medicaid using one of following: under their Medicaid Electronic Health Services 1. Access CMS’ Web site address at Record Incentive Program related to https://www.cms.gov/Regulations-and- [Document Identifier: CMS–10292, CMS– health information exchange, our staff 10332 and CMS–10239] Guidance/Legislation/ will review the submitted information PaperworkReductionActof1995/PRA- and documentation to make an approval Agency Information Collection Listing.html. determination of the state advance Activities: Proposed Collection; 2. Email your request, including your planning document. Form Number: Comment Request address, phone number, OMB number, CMS–10292 (OMB control number: and CMS document identifier, to 0938–1088); Frequency: Once and AGENCY: Centers for Medicare & [email protected]. Medicaid Services, HHS. occasionally; Affected Public: State, 3. Call the Reports Clearance Office at Local, and Tribal Governments; Number ACTION: Notice. (410) 786–1326. of Respondents: 56; Total Annual FOR FURTHER INFORMATION CONTACT: SUMMARY: The Centers for Medicare & Responses: 56; Total Annual Hours: Medicaid Services (CMS) is announcing William Parham at (410) 786–4669. 896. (For policy questions regarding this an opportunity for the public to SUPPLEMENTARY INFORMATION: collection contact Marty Rice at 410– comment on CMS’ intention to collect Contents 786–2417.) information from the public. Under the 2. Type of Information Collection This notice sets out a summary of the Paperwork Reduction Act of 1995 (the Request: Extension of a currently use and burden associated with the PRA), federal agencies are required to approved collection; Title of following information collections. More publish notice in the Federal Register Information Collection: Disclosure detailed information can be found in concerning each proposed collection of Requirement for the In-Office Ancillary each collection’s supporting statement information (including each proposed Services Exception; Use: Section 6003 of and associated materials (see extension or reinstatement of an existing the ACA established a disclosure ADDRESSES). collection of information) and to allow requirement for the in-office ancillary 60 days for public comment on the CMS–10292 State Medicaid HIT Plan, services exception to the prohibition of proposed action. Interested persons are Planning Advance Planning Document, physician self-referral for certain and Implementation Advance Planning invited to send comments regarding our Document for Section 4201 of the Recovery imaging services. This section of the burden estimates or any other aspect of Act ACA amended section 1877(b)(2) of the this collection of information, including CMS–10332 Disclosure Requirement for the Social Security Act by adding a the necessity and utility of the proposed In-Office Ancillary Services Exception requirement that the referring physician information collection for the proper CMS–10239 Conditions of Participation for informs the patient, at the time of the performance of the agency’s functions, Critical Access Hospitals (CAH) and referral and in writing, that the patient the accuracy of the estimated burden, Supporting Regulations may receive the imaging service from ways to enhance the quality, utility, and Under the PRA (44 U.S.C. 3501– another supplier. The implementing clarity of the information to be 3520), federal agencies must obtain regulations are at 42 CFR 411.355(b)(7).

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Physicians who provide certain availability to the facility of the type of 489 and those pertaining to the survey imaging services (MRI, CT, and PET) records and general content of records, and certification for Medicare under the in-office ancillary services which this regulation specifies, is participation of providers and certain exception to the physician self-referral standard medical practice and is types of suppliers are at 42 CFR part prohibition are required to provide the necessary in order to ensure the well- 488. The regulations at 42 CFR part 482 disclosure notice as well as the list of being and safety of patients and specify the specific conditions that a other imaging suppliers to the patient. professional treatment accountability. provider must meet to participate in the The patient will then be able to use the Form Number: CMS–10239 (OMB Medicare program as a hospital. disclosure notice and list of suppliers in Control number: 0938–1043); Hospitals that wish to be paid under the making an informed decision about his Frequency: Yearly; Affected Public: Medicaid program must be approved to or her course of care for the imaging Private sector—Business or other for- participate in Medicare, in accordance service. CMS would use the collected profit; Number of Respondents: 1,215; with 42 CFR 440.10(a)(3)(iii). information for enforcement purposes. Total Annual Responses: 144,585; Total Generally, to enter into a Medicare Specifically, if we were investigating the Annual Hours: 24,183. (For policy referrals of a physician providing questions regarding this collection hospital provider agreement, a facility advanced imaging services under the in- contact Mary Collins at 410–786–3189.) must first be certified as complying with office ancillary services exception, we the conditions set forth in part 482 and Dated: June 20, 2017. would review the written disclosure in recommended to the Centers for order to determine if it satisfied the William N. Parham, III, Medicare & Medicaid Services (CMS) for requirement. Form Number: CMS– Director, Paperwork Reduction Staff, Office participation by a State survey agency. 10332 (OMB control number: 0938– of Strategic Operations and Regulatory Thereafter, the hospital is subject to Affairs. 1133); Frequency: Occasionally; periodic surveys by a State survey Affected Public: State, Local, and Tribal [FR Doc. 2017–13198 Filed 6–23–17; 8:45 am] agency to determine whether it Governments; Number of Respondents: BILLING CODE 4120–01–P continues to meet these conditions. 7,100; Total Annual Responses: However, there is an alternative to 759,700; Total Annual Hours: 19,638. certification surveys by State agencies. DEPARTMENT OF HEALTH AND (For policy questions regarding this Accreditation by a nationally recognized HUMAN SERVICES collection contact Laura Dash at 410– Medicare accreditation program 786–8623.) Centers for Medicare & Medicaid approved by CMS may substitute for 3. Type of Information Collection Services both initial and ongoing state review. Request: Extension of a currently approved collection; Title of [CMS–3338–FN] Section 1865(a)(1) of the Act provides Information Collection: Conditions of that, if the Secretary of the Department Participation for Critical Access Medicare and Medicaid Programs: of Health and Human Services (the Hospitals (CAH) and Supporting Approval of an Application From the Secretary) finds that accreditation of a Regulations; Use: At the outset of the Center for Improvement in Healthcare provider entity by an approved national critical access hospital (CAH) program, Quality for Continued CMS Approval of accrediting organization meets or the information collection requirements Its Hospital Accreditation Program exceeds all applicable Medicare for all CAHs were addressed together conditions, we may treat the provider AGENCY: Centers for Medicare and entity as having met those conditions, under the following information Medicaid Services, HHS. collection request: CMS–R–48 (OCN: that is, we may ‘‘deem’’ the provider ACTION: 0938–0328). As the CAH program has Final notice. entity to be in compliance. Accreditation by an accrediting grown in both scope of services and the SUMMARY: This final notice announces number of providers, the burden our decision to approve the Center for organization is voluntary and is not associated with CAHs with distinct part Improvement in Healthcare Quality required for Medicare participation. units (DPUs) was separated from the (CIHQ) for continued recognition as a Part 488 subpart A implements the CAHs without DPUs. Section national accrediting organization for provisions of section 1865 of the Act 1820(c)(2)(E)(i) of the Social Security hospitals that wish to participate in the and requires that a national accrediting Act provides that a CAH may establish Medicare or Medicaid programs. organization applying for approval of its and operate a psychiatric or DATES: Medicare accreditation program must rehabilitation DPU. Each DPU may This final notice is effective July 26, 2017 through July 26, 2023. provide CMS with reasonable assurance maintain up to10 beds and must comply that the accrediting organization with the hospital requirements specified FOR FURTHER INFORMATION CONTACT: requires its accredited provider entities in 42 CFR subparts A, B, C, and D of Lillian Williams (410) 786–8638, Monda to meet requirements that are at least as part 482. Presently, 105 CAHs have Shaver, (410) 786–3410, or Patricia stringent as the Medicare conditions. rehabilitation or psychiatric DPUs. The Chmielewski, (410) 786–6899. burden associated with CAHs that have SUPPLEMENTARY INFORMATION: Our regulations concerning the approval DPUs continues to be reported under of accrediting organizations are set forth I. Background CMS–R–48, along with the burden for at § 488.5. The regulations at all 4,890 accredited and non-accredited A healthcare provider may enter into § 488.5(e)(2)(i) require an accrediting hospitals. an agreement with Medicare to organization to reapply for continued The CAH conditions of participation participate in the program as a hospital approval of its Medicare accreditation and accompanying information provided certain requirements are met. program every 6 years or sooner as collection requirements specified in the Section 1861(e) of the Social Security determined by CMS. The Center for regulations are used by surveyors as a Act (the Act) establishes criteria for Improvement in Healthcare Quality’s basis for determining whether a CAH providers seeking participation in (CIHQ’s) term of approval as a meets the requirements to participate in Medicare as a hospital. Regulations recognized Medicare accreditation the Medicare program. We, along with concerning Medicare provider program for hospitals expires July 26, the healthcare industry, believe that the agreements in general are at 42 CFR part 2017.

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II. Application Approval Process monitoring procedures when CIHQ • § 482.12(a)(10): Revised its Section 1865(a)(3)(A) of the Act identifies non-compliance. If non- standards to address the hospital’s provides a statutory timetable to ensure compliance is identified by a State responsibility to consult directly with survey agency through a validation the medical staff. that our review of applications for CMS • approval of an accreditation program is survey, the State survey agency § 482.12(c): Updated the summary conducted in a timely manner. The Act monitors corrections as specified at description of this provision in the provides us 210 days after the date of § 488.9(c)). crosswalk to be consistent with its ++ Assess CIHQ’s ability to report accreditation standards. receipt of a complete application, with • any documentation necessary to make deficiencies to the surveyed hospitals § 482.12(c)(1)(ii): Updated the CFR the determination, to complete our and respond to the hospital’s plan of citation to properly reference the survey activities and application correction in a timely manner. regulatory requirement on its standards ++ Establish CIHQ’s ability to crosswalk. process. Within 60 days after receiving • a complete application, we must provide CMS with electronic data and § 482.12(c)(2): Updated the CFR publish a notice in the Federal Register reports necessary for effective validation citation to properly reference the that identifies the national accrediting and assessment of the organization’s regulatory requirement on its standards body making the request, describes the survey process. crosswalk. • request, and provides no less than a 30- ++ Determine the adequacy of CIHQ’s § 482.12(c)(4)(i): Clarified the use of day public comment period. At the end staff and other resources. the word ‘‘develops’’ to indicate if the ++ Confirm CIHQ’s ability to provide of the 210-day period, we must publish condition was present on admission or adequate funding for performing a notice in the Federal Register developed during the hospitalization on required surveys. approving or denying the application. its standards crosswalk. ++ Confirm CIHQ’s policies with • § 482.12(f)(2): Revised its standards III. Provisions of the Proposed Notice respect to surveys being unannounced. to ensure the medical staff have written On February 24, 2017, we published ++ Obtain CIHQ’s agreement to policies and procedures for appraisals of a proposed notice in the Federal provide CMS with a copy of the most emergencies, initial treatment and Register (82 FR 11579) announcing current accreditation survey together referral. CIHQ’s request for continued approval with any other information related to • § 482.13(a)(1) and § 482.13(a)(2): of its Medicare hospital accreditation the survey as we may require, including Updated the summary description of program. In the proposed notice, we corrective action plans. these provisions in the crosswalk to be detailed our evaluation criteria. Under In accordance with section consistent with its accreditation section 1865(a)(2) of the Act and in our 1865(a)(3)(A) of the Act, the February standards. regulations at § 488.5, we conducted a 24, 2017 proposed notice also solicited • § 482.13(a)(2)(i): Revised its review of CIHQ’s Medicare hospital public comments regarding whether standards to ensure the patient’s right to accreditation application in accordance CIHQ’s requirements met or exceeded submit ‘‘written or verbal’’ grievances. with the criteria specified by our the Medicare CoP for hospitals. There • § 482.13(a)(2)(ii), § 482.13(b)(3), regulations, which include, but are not were no comments submitted. § 482.13(b)(4) and § 482.13(c)(2): limited to the following: IV. Provisions of the Final Notice Updated the summary description of • An onsite administrative review of these provisions in the crosswalk to be CIHQ’s: (1) Corporate policies; (2) A. Differences Between CIHQ’s consistent with its accreditation financial and human resources available Standards and Requirements for standards. to accomplish the proposed surveys; (3) Accreditation and Medicare Conditions • § 482.13(e)(5): Updated the CFR procedures for training, monitoring, and and Survey Requirements citation to properly reference the evaluation of its hospital surveyors; (4) We compared CIHQ’s hospital regulatory requirement. ability to investigate and respond accreditation requirements and survey • § 482.13(e)(6), § 482.13(f)(1)(ii), appropriately to complaints against process with the Medicare CoPs at part § 482.13(g), § 482.13(g)(2), § 482.13(h), accredited hospitals; and, (5) survey 482, and the survey and certification § 482.21(b)(1), § 482.21(d)(2) and review and decision-making process for process requirements of parts 488 and § 482.21(d)(4): Updated the summary accreditation. 489. CIHQ’s standards crosswalk, which description of these provisions in the • A comparison of CIHQ’s Medicare maps CIHQ’s standards with the crosswalk to be consistent with its accreditation program standards to our corresponding requirements under the accreditation standards. current Medicare hospital Conditions of Medicare CoPs, was also examined to • § 482.22(a)(2): Updated its Participation (CoPs). ensure that the appropriate CMS standards to reflect that temporary • A documentation review of CIHQ’s regulation was included in citations as practice privileges are granted by the survey process to do the following: appropriate. We reviewed and evaluated governing body. ++ Determine the composition of the CIHQ’s hospital application, conducted • § 482.22(b)(1): Updated the survey team, surveyor qualifications, as described earlier. As a result, CIHQ summary description of this provision and CIHQ’s ability to provide has revised its materials, standards, and in the crosswalk to be consistent with continuing surveyor training. certification processes to reflect the its accreditation standards. ++ Compare CIHQ’s processes to following Medicare requirements: • § 482.22(b)(3): Revised its standards those we require of State survey • § 482.12: Updated the summary to reflect CMS requirements for medical agencies, including periodic resurvey description of this provision in the staff organization and accountability. and the ability to investigate and crosswalk to be consistent with its • § 482. 22(b)(4): Updated the respond appropriately to complaints accreditation standards. summary description of this provision against accredited hospitals. • § 482.12(a)(1) through (10): Updated in the crosswalk to be consistent with ++ Evaluate CIHQ’s procedures for the summary description of this its accreditation standards. monitoring hospitals it has found to be provision in the crosswalk to be • § 482.23(c)(4): Updated its out of compliance with CIHQ’s program consistent with its accreditation standards to fully address requirements requirements. (This pertains only to standards. for blood transfusions.

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• § 482.24(b): Updated its standards • § 489.13: Revised its standards to orders. Under 452(m) and to fully address requirements for the reflect CMS policy regarding effective 466(a)(17)(A)(i) of the Act, the Secretary form and retention of medical records. dates of participation in the Medicare may aid state agencies conducting data • § 482.24(c)(2) through (c)(4)(viii): program and develop a plan for matches with financial institutions Updated the Medicare regulatory monitoring for sustained compliance. doing business in two or more states by language on its standards crosswalk to • CIHQ revised its complaint policy establishing a centralized and ensure that its accreditation standards and procedure to clearly identify the standardized matching program through are consistent with Medicare standards. individual(s) that are responsible for the Federal Parent Locator Service. • § 482.25(b)(2)(ii): Updated the triaging complaints submitted to the To further assist states collect child crosswalk and standard to add accrediting organization. support, the federal Office of Child references to the Comprehensive Drug • CIHQ revised its policy to clarify Support Enforcement (OCSE) worked Abuse Prevention and Control Act of that an ‘‘Immediate Jeopardy’’ finding with child support agencies and 1970. remains cited at the Conditional level, financial institutions to develop the • § 482.26: Updated the summary even if abated while onsite. Federally Assisted State Transmitted description of this provision in the (FAST) Levy system. B. Term of Approval crosswalk to be consistent with its FAST Levy is a central, standardized, accreditation standards. Based on our review and observations and secure electronic process for child • § 482.41: Revised its standards to described in section III of this final support agencies and financial reflect the requirements of the ‘‘Physical notice, we have determined that CIHQ’s institutions to exchange information Environment’’. hospital program requirements meet or about levying financial accounts to • § 482.43: Revised its standards to exceed our requirements. Therefore, we collect past-due support. OCSE picks up ensure that the hospital discharge approve CIHQ as a national files created by child support agencies planning process applies to all patients. accreditation organization for hospitals that contain FAST Levy requests and • § 482.51(b)(6) and § 482.56(a)(2): that request participation in the distributes them to financial institutions Updated the summary description of Medicare program, effective July 26, that use the FAST Levy system. Those these provisions in the crosswalk to be 2017 through July 26, 2023. financial institutions create response consistent with its accreditation files that OCSE picks up and distributes V. Collection of Information standards. to the child support agencies. • § 482.56(b)(2): Revised its standards Requirements The MSFIDM/FAST-Levy information to address the requirements at § 409.17 This document does not impose collection activities are authorized by: related to physical therapy, information collection requirements, 42 U.S.C. 652(m), which authorizes occupational therapy, and speech that is, reporting, recordkeeping or OCSE, through the Federal Parent language pathology services. third-party disclosure requirements. Locator Service, to aid state child • § 482.57(b)(3): Updated the CFR Consequently, there is no need for support agencies and financial citation to properly reference the review by the Office of Management and institutions doing business in two or regulatory requirement on its crosswalk. Budget under the authority of the more states reach agreements regarding • § 482.57(b)(4): Updated the CFR Paperwork Reduction Act of 1995 (44 the receipt from financial institutions, citation to properly reference the U.S.C. 3501 et seq.). and the transfer to the state child regulatory requirement on its crosswalk Dated: June 20, 2017. support agencies, of information pertaining to the location of accounts and in its accreditation standards. Seema Verma, • § 488.4(a)(6): Revised its standards held by obligors who owe past-due to include a process to track and trend Administrator, Centers for Medicare & support; 42 U.S.C. 666(a)(2) and Medicaid Services. complaints received. (c)(1)(G)(ii), which require state child • § 488.5(a)(4)(ii): Revised its [FR Doc. 2017–13207 Filed 6–23–17; 8:45 am] support agencies in cases in which there standards to ensure that an appropriate BILLING CODE 4120–01–P is an arrearage to establish procedures to number of open, inpatient medical secure assets to satisfy any current records are fully reviewed during the support obligation and the arrearage by DEPARTMENT OF HEALTH AND survey process. attaching and seizing assets of the HUMAN SERVICES • § 488.5(a)(4)(iv): Revised its obligor held in financial institutions; 42 standards to assure that findings of non- Administration for Children and U.S.C. 666(a)(17)(A), which requires compliance are documented under all Families state child support agencies to establish appropriate CMS standards where non- procedures under which the state child compliance is found; and that adverse Submission for OMB Review; support agencies shall enter into findings for each CoP are reviewed for Comment Request agreements with financial institutions manner and degree of non-compliance doing business in the State to develop and subsequently cited at the Proposed Projects and operate, in coordination with appropriate level (that is, condition Title: Multistate Financial Institution financial institutions, and the Federal versus standard level). Data Match and Federally Assisted State Parent Locator Service (in the case of • § 488.5(a)(7) through (9): Revised its Transmitted Levy (MSFIDM/FAST financial institutions doing business in standards to ensure that newly hired Levy). two or more States), a data match surveyors receive orientation so as to OMB No.: 0970–0196. system, using automated data exchanges ensure AO compliance with these Description: Section 466(a)(17) of the to the maximum extent feasible, in provisions. Social Security Act (the Act) requires which a financial institution is required • § 488.26(b): Revised its standards to states to establish procedures for their to quarterly provide information improve surveyor documentation to child support agencies to enter into pertaining to a noncustodial parent include the appropriately detailed agreements with financial institutions owing past-due support who maintains deficiency statements that clearly doing business in their state for the an account at the institution and, in support the determination of purpose of securing information leading response to a notice of lien or levy, noncompliance and level of deficiency. to the enforcement of child support encumber or surrender, assets held; 42

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U.S.C. 652(a)(7), which requires OCSE requests for information and provide support agencies and financial to provide technical assistance to state requested information electronically to institutions. child support enforcement agencies to the greatest extent possible. To facilitate Respondents: Multistate Financial help them establish effective systems for this requirement for states, OCSE Institutions and State Child Support collecting child and spousal support; developed the FAST Levy system that Agencies. and, 45 CFR 303.7(a)(5), which requires supports the electronic exchange of lien state child support agencies to transmit and levy information between child

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total respondents respondent per response burden hours

Financial Data Match Result File-Portal ...... 192 4 5 minutes 1 ...... 64 Election Form ...... 30 1 0.5 ...... 15 FAST-Levy Record Specifications: Current Financial Institutions Users to 1 1 65 2 ...... 65 Program New Codes. FAST-Levy Record Specifications: Current State Child Support Agencies 3 1 65...... 195 to Program New Codes. FAST-Levy Response Withhold Record Specifications: Financial Institu- 1 1 1,716...... 1,716 tions. FAST-Levy Request Withhold Record Specifications: State Child Sup- 2 1 1,610...... 3,220 port Agencies. 1 Estimate is approximately 5 minutes per response. For calculation, use 5/60. 2 Estimate is an average based on input from OCSE’s matching partners.

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND The impact study will involve Hours: 5,275. HUMAN SERVICES participants being randomly assigned to Additional Information: Copies of the either a ‘‘program group,’’ who will be Administration for Children and proposed collection may be obtained by paired with a coach, or to a ‘‘control Families writing to the Administration for group,’’ who will not be paired with a coach. The effectiveness of the coaching Children and Families, Office of Proposed Information Collection will be determined by differences Planning, Research and Evaluation, 330 Activity; Comment Request between members of the program and C Street SW., Washington, DC 20201, control groups in outcomes such as Attention Reports Clearance Officer. All Title: Evaluation of Employment obtaining and retaining employment, requests should be identified by the Coaching for TANF and Other Low- earnings, measures of self-sufficiency, information collection. Email address: Income Populations. and measures of self-regulation. [email protected]. OMB No.: New Collection. The implementation study will OMB Comment: OMB is required to Description: The Administration for document coaching practices, describe make a decision concerning the Children and Families (ACF) is lessons learned from implementing collection of information between 30 proposing a data collection activity as coaching, and enhance interpretation of and 60 days after publication of this part of the Evaluation of Employment the impact study findings. document in the Federal Register. Coaching for TANF and Other Low- The proposed information collection Therefore, a comment is best assured of Income Populations. This study will activities are: (1) Baseline data having its full effect if OMB receives it provide an opportunity to learn more collection: Collection of characteristics within 30 days of publication. Written about the potential of coaching to help data on all study participants as they comments and recommendations for the clients achieve self-sufficiency and enroll in the study. Data will be entered proposed information collection should other desired employment-related into the Random Assignment, be sent directly to the following: Office outcomes. It will take place over five Participant Tracking Enrollment, and of Management and Budget, Paperwork years in up to three employment Reporting (RAPTER) system; (2) First programs. These programs may be follow-up survey: Collection of outcome Reduction Project, email: OIRA_ Temporary Assistance for Needy data for a subset of study participants [email protected], Attn: Families (TANF) agencies or other about 9 months after random Desk Officer for the Administration for public or private employment programs assignment; (3) Semi-structured staff Children and Families. that serve low-income individuals. interviews: Collection of qualitative data Bob Sargis, Selected sites will include a robust on the design and implementation of the Reports Clearance Officer. coaching component and have the program; (4) Staff survey: Collection of capacity to conduct a rigorous impact information on staff members’ [FR Doc. 2017–13252 Filed 6–23–17; 8:45 am] evaluation, among other criteria. This professional backgrounds, training, BILLING CODE 4184–41–P study will provide information on coaching practices, and attitudes; (5) In- whether coaching helps people obtain depth participant interviews: Collection and retain jobs, advance in their careers, of detailed information about the move toward self-sufficiency, and participants’ backgrounds and improve their overall well-being. To experiences with coaching; (6) Staff meet these objectives, this study will reports of program service receipt: include an impact and implementation Collection of data on coaching and other study. program services received by study

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participants and entered into RAPTER; after random assignment. This data Program staff may include coaches, case and (7) Video recordings of coaching collection activity will be included managers, workshop instructors, job sessions: Collection of data on the under a separate OMB submission. developers, supervisors, and managers. interaction between the coaches and Respondents: Program staff and All participants will be able to opt out participants. individuals enrolled in the Evaluation of participating in the data collection A second follow-up survey will be of Employment Coaching for TANF and activities. administered approximately 21 months Other Low-Income Populations.

ANNUAL BURDEN ESTIMATES

Number of Total Annual responses Average Annual Instrument number of number of per burden hours burden hours respondents respondents respondent per response

Baseline data collection—study participants ...... 6,000 2,000 1 0.33 660 Baseline data collection—staff ...... 60 20 100 0.33 660 First follow-up survey ...... 2,400 800 1 1 800 Semi-structured staff interviews ...... 66 22 1 1.5 33 Staff survey ...... 48 16 1 0.75 12 In-depth participant interviews ...... 24 8 1 2.5 20 Staff reports of program service receipt ...... 30 10 5,200 0.03 1,560 Video recordings of coaching sessions ...... 27 9 10 0.10 9

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND 20852, 301–796–8867, PRAStaff@ Hours: 3,754. HUMAN SERVICES fda.hhs.gov. In compliance with the requirements SUPPLEMENTARY INFORMATION: Food and Drug Administration In of section 3506(c)(2)(A) of the compliance with 44 U.S.C. 3507, FDA Paperwork Reduction Act of 1995, the [Docket No. FDA–2016–N–4620] has submitted the following proposed Administration for Children and collection of information to OMB for Families is soliciting public comment Agency Information Collection review and clearance. on the specific aspects of the Activities; Submission for Office of information collection described above. Management and Budget Review; Medical Devices; Reports of Corrections Copies of the proposed collection of Comment Request; Medical Devices; and Removals—21 CFR Part 806 information can be obtained and Reports of Corrections and Removals OMB Control Number 0910–0359— comments may be forwarded by writing Extension to the Administration for Children and AGENCY: Food and Drug Administration, Families, Office of Planning, Research, HHS. FDA is requesting approval for the and Evaluation, 330 C Street SW., ACTION: Notice. collection of information regarding Washington, DC 20201, Attn: OPRE reports of corrections and removals Reports Clearance Officer. Email SUMMARY: The Food and Drug required under part 806 (21 CFR part address: OPREinfocollection@ Administration (FDA) is announcing 806), which implements section 519(g) acf.hhs.gov. All requests should be that a proposed collection of of the Federal Food, Drug, and Cosmetic identified by the title of the information information has been submitted to the Act (the FD&C Act) (21 U.S.C. 360i(g)), collection. Office of Management and Budget as amended by the Food and Drug The Department specifically requests (OMB) for review and clearance under Modernization Act of 1997 (FDAMA) comments on (a) whether the proposed the Paperwork Reduction Act of 1995. (Pub. L. 105–115). A description of the collection of information is necessary DATES: Fax written comments on the information collection requirements are for the proper performance of the collection of information by July 26, provided as follows: functions of the agency, including 2017. Under § 806.10 (21 CFR 806.10), within 10 working days of initiating any whether the information shall have ADDRESSES: To ensure that comments on practical utility; (b) the accuracy of the action to correct or remove a device to the information collection are received, reduce a risk to health posed by the agency’s estimate of the burden of the OMB recommends that written proposed collection of information; (c) device or to remedy a violation of the comments be faxed to the Office of FD&C Act caused by the device that may the quality, utility, and clarity of the Information and Regulatory Affairs, information to be collected; and (d) present a risk to health, device OMB, Attn: FDA Desk Officer, FAX: manufacturers or importers must submit ways to minimize the burden of the 202–395–7285, or emailed to collection of information on _ a written report to FDA of the correction oira [email protected]. All or removal. respondents, including through the use comments should be identified with the of automated collection techniques or Under § 806.20(a), device OMB control number 0910–0359. Also manufacturers or importers that initiate other forms of information technology. include the FDA docket number found Consideration will be given to a correction or removal that is not in brackets in the heading of this required to be reported to FDA must comments and suggestions submitted document. within 60 days of this publication. keep a record of the correction or FOR FURTHER INFORMATION CONTACT: removal. Mary Jones, Amber Sanford, Office of Operations, The information collected in the ACF/OPRE Certifying Officer. Food and Drug Administration, Three reports of corrections and removals will [FR Doc. 2017–13288 Filed 6–23–17; 8:45 am] White Flint North, 10A63, 11601 be used by FDA to identify marketed BILLING CODE 4184–09–P Landsdown St., North Bethesda, MD devices that have serious problems and

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to ensure that defective devices are reporting and recordkeeping burden is respondents who submit corrections removed from the market. This will based on Agency records and our and removals using the electronic assure that FDA has current and experience with this program, as well as process will be establishing a new complete information regarding these similar programs that utilize FDA’s ESG. WebTrader account and purchasing a corrections and removals to determine For respondents who submit digital verification certificate. We whether recall action is adequate. corrections and removals using the therefore estimate the total operating Failure to collect this information electronic process, the operating and and maintenance costs to be $30,660 would prevent FDA from receiving maintenance costs associated with this annually (1,022 respondents × $30). timely information about devices that information collection are In the Federal Register of March 20, may have a serious effect on the health approximately $30 per year to purchase 2017 (82 FR 14367), FDA published a of users of the devices. a digital verification certificate Reports of corrections and removals (certificate must be valid for 1 to 3 60-day notice requesting public may be submitted to FDA via mail or years). This burden may be minimized comment on the proposed collection of using FDA’s Electronic Submission if the respondent has already purchased information. No comments were Gateway (ESG). We estimate that a verification certificate for other received. approximately 99 percent of submitters electronic submissions to FDA. FDA estimates the burden of this will use the ESG. Our estimate of the However, FDA is assuming that all collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Activity Number of Number of Total annual Average Total operating and responses per burden per Total hours 2 (21 CFR part) respondents respondent responses response maintenance costs

Electronic process setup 3 ...... 1,022 1 1,022 3.08 3,148 $30,660 Submission of corrections and re- movals (part 806) ...... 1,033 1 1,033 10 10,330 ...... 1 There are no capital costs associated with this collection of information. 2 Totals may not sum due to rounding. 3 We estimate that approximately 99 percent of respondents will submit corrections and removals using the electronic process. The actual bur- den hours for setup of the electronic process listed in the reporting burden table are divided by 3 to avoid double counting in the Office of Infor- mation and Regulatory Affairs Consolidated Information System. However, the one-time Average Burden per Response is 9.25 hours, resulting in a total one-time burden of 9,454 hours for the setup of the electronic process.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average Activity Number of records per Total annual burden per Total hours (21 CFR part) recordkeepers recordkeeper records recordkeeping

Records of corrections and removals (part 806) ...... 93 1 93 10 930 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 20, 2017. certain information by the Agency. delivery/courier (for written/paper Anna K. Abram, Under the Paperwork Reduction Act of submissions) will be considered timely Deputy Commissioner for Policy, Planning, 1995 (PRA), Federal Agencies are if they are postmarked or the delivery Legislation, and Analysis. required to publish notice in the service acceptance receipt is on or [FR Doc. 2017–13248 Filed 6–23–17; 8:45 am] Federal Register concerning each before that date. BILLING CODE 4164–01–P proposed collection of information, Electronic Submissions including each proposed extension of an existing collection of information, and Submit electronic comments in the DEPARTMENT OF HEALTH AND following way. to allow 60 days for public comment in • HUMAN SERVICES response to the notice. This notice Federal eRulemaking Portal: https:// solicits comments on the reporting www.regulations.gov. Follow the Food and Drug Administration requirements associated with extralabel instructions for submitting comments. drug use in animals. Comments submitted electronically, [Docket No. FDA–2008–N–0312] including attachments, to https:// DATES: Submit either electronic or Agency Information Collection www.regulations.gov will be posted to written comments on the collection of the docket unchanged. Because your Activities; Proposed Collection; information by August 25, 2017. Comment Request; Extralabel Drug comment will be made public, you are ADDRESSES: Use in Animals You may submit comments solely responsible for ensuring that your as follows. Please note that late, comment does not include any AGENCY: Food and Drug Administration, untimely filed comments will not be confidential information that you or a HHS. considered. Electronic comments must third party may not wish to be posted, ACTION: Notice. be submitted on or before August 25, such as medical information, your or 2017. The https://www.regulations.gov anyone else’s Social Security number, or SUMMARY: The Food and Drug electronic filing system will accept confidential business information, such Administration (FDA or Agency) is comments until midnight Eastern Time as a manufacturing process. Please note announcing an opportunity for public at the end of August 25, 2017. that if you include your name, contact comment on the proposed collection of Comments received by mail/hand information, or other information that

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identifies you in the body of your both copies to the Dockets Management comments on these topics: (1) Whether comments, that information will be Staff. If you do not wish your name and the proposed collection of information posted on https://www.regulations.gov. contact information to be made publicly is necessary for the proper performance • If you want to submit a comment available, you can provide this of FDA’s functions, including whether with confidential information that you information on the cover sheet and not the information will have practical do not wish to be made available to the in the body of your comments and you utility; (2) the accuracy of FDA’s public, submit the comment as a must identify this information as estimate of the burden of the proposed written/paper submission and in the ‘‘confidential.’’ Any information marked collection of information, including the manner detailed (see ‘‘Written/Paper as ‘‘confidential’’ will not be disclosed validity of the methodology and Submissions’’ and ‘‘Instructions’’). except in accordance with 21 CFR 10.20 assumptions used; (3) ways to enhance and other applicable disclosure law. For Written/Paper Submissions the quality, utility, and clarity of the more information about FDA’s posting information to be collected; and (4) Submit written/paper submissions as of comments to public dockets, see 80 ways to minimize the burden of the follows: FR 56469, September 18, 2015, or access collection of information on • Mail/Hand delivery/Courier (for the information at: https://www.gpo.gov/ respondents, including through the use written/paper submissions): Dockets fdsys/pkg/FR-2015-09-18/pdf/2015- of automated collection techniques, Management Staff (HFA–305), Food and 23389.pdf. when appropriate, and other forms of Drug Administration, 5630 Fishers Docket: For access to the docket to information technology. Lane, Rm. 1061, Rockville, MD 20852. read background documents or the • For written/paper comments electronic and written/paper comments Extralabel Drug Use in Animals—21 submitted to the Dockets Management received, go to https:// CFR Part 530 OMB Control Number Staff, FDA will post your comment, as www.regulations.gov and insert the 0910–0325—Extension well as any attachments, except for docket number, found in brackets in the information submitted, marked and heading of this document, into the The Animal Medicinal Drug Use identified, as confidential, if submitted ‘‘Search’’ box and follow the prompts Clarification Act of 1994 allows a as detailed in ‘‘Instructions.’’ and/or go to the Dockets Management veterinarian to prescribe the extralabel Instructions: All submissions received Staff, 5630 Fishers Lane, Rm. 1061, use of approved new animal drugs. must include the Docket No. FDA– Rockville, MD 20852. Also, it permits FDA, if it finds that 2008–N–0312 for ‘‘Agency Information FOR FURTHER INFORMATION CONTACT: Ila there is a reasonable probability that the Collection Activities; Proposed S. Mizrachi, Office of Operations, Food extralabel use of an animal drug may Collection; Comment Request; and Drug Administration, Three White present a risk to the public health, to Extralabel Drug Use in Animals.’’ Flint North, 10A63, 11601 Landsdown establish a safe level for a residue from Received comments, those filed in a St., North Bethesda, MD 20852, 301– the extralabel use of the drug, and to timely manner (see ADDRESSES), will be 796–7726, [email protected]. require the development of an analytical method for the detection of residues placed in the docket and, except for SUPPLEMENTARY INFORMATION: Under the those submitted as ‘‘Confidential PRA (44 U.S.C. 3501–3520), Federal above that established safe level (21 CFR Submissions,’’ publicly viewable at Agencies must obtain approval from the 530.22(b)). Although to date, we have https://www.regulations.gov or at the Office of Management and Budget not established a safe level for a residue Dockets Management Staff between 9 (OMB) for each collection of from the extralabel use of any new a.m. and 4 p.m., Monday through information they conduct or sponsor. animal drug and, therefore, have not Friday. ‘‘Collection of information’’ is defined required the development of analytical • Confidential Submissions—To in 44 U.S.C. 3502(3) and 5 CFR methodology, we believe that there may submit a comment with confidential 1320.3(c) and includes Agency requests be instances when analytical information that you do not wish to be or requirements that members of the methodology will be required. We are, made publicly available, submit your public submit reports, keep records, or therefore, estimating the reporting comments only as a written/paper provide information to a third party. burden based on two methods being submission. You should submit two Section 3506(c)(2)(A) of the PRA (44 required annually. The requirement to copies total. One copy will include the U.S.C. 3506(c)(2)(A)) requires Federal establish an analytical method may be information you claim to be confidential Agencies to provide a 60-day notice in fulfilled by any interested person. We with a heading or cover note that states the Federal Register concerning each believe that the sponsor of the drug will ‘‘THIS DOCUMENT CONTAINS proposed collection of information, be willing to develop the method in CONFIDENTIAL INFORMATION.’’ The including each proposed extension of an most cases. Alternatively, FDA, the Agency will review this copy, including existing collection of information, sponsor, and perhaps a third party may the claimed confidential information, in before submitting the collection to OMB cooperatively arrange for method its consideration of comments. The for approval. To comply with this development. The respondents may be second copy, which will have the requirement, FDA is publishing notice sponsors of new animal drugs, State, or claimed confidential information of the proposed collection of Federal and/or State Agencies, redacted/blacked out, will be available information set forth in this document. academia, or individuals. for public viewing and posted on With respect to the following FDA estimates the burden of this https://www.regulations.gov. Submit collection of information, FDA invites collection of information as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

530.22(b), Submission(s) of Analytical Method ...... 2 1 2 4,160 8,320 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden for this information priority review vouchers to sponsors of (OMB) for review and clearance under collection has not changed since the last approved rare pediatric disease product the Paperwork Reduction Act of 1995. OMB approval. applications that meet certain criteria. DATES: Fax written comments on the Dated: June 20, 2017. FDA has determined that Brineura collection of information by July 26, Anna K. Abram, (cerliponase alfa) manufactured by 2017. Biomarin Pharmaceuticals Inc., meets Deputy Commissioner for Policy, Planning, ADDRESSES: To ensure that comments on Legislation, and Analysis. the criteria for a priority review the information collection are received, voucher. Brineura (cerliponase alfa) is OMB recommends that written [FR Doc. 2017–13296 Filed 6–23–17; 8:45 am] indicated to slow the progression of loss BILLING CODE 4164–01–P comments be faxed to the Office of of ambulation in symptomatic pediatric Information and Regulatory Affairs, patients 3 years of age and older with OMB, Attn: FDA Desk Officer, FAX: DEPARTMENT OF HEALTH AND late infantile neuronal ceroid 202–395–7285, or emailed to oira_ HUMAN SERVICES lipofuscinosis type 2 (CLN2), also [email protected]. All known as tripeptidyl peptidase 1 (TPP1) comments should be identified with the Food and Drug Administration deficiency. OMB control number 0910–0767. Also For further information about the Rare [Docket No. FDA–2017–N–0809] include the FDA docket number found Pediatric Disease Priority Review in brackets in the heading of this Issuance of Priority Review Voucher; Voucher Program and for a link to the document. Rare Pediatric Disease Product full text of section 529 of the FD&C Act, go to https://www.fda.gov/ForIndustry/ FOR FURTHER INFORMATION CONTACT: AGENCY: Food and Drug Administration, DevelopingProductsf Amber Sanford, Office of Operations, HHS. orRareDiseasesConditions/ Food and Drug Administration, Three White Flint North, 10A63, 11601 ACTION: Notice. RarePediatricDisease PriorityVoucherProgram/default.htm. Landsdown St., North Bethesda, MD SUMMARY: The Food and Drug For further information about Brineura 20852, 301–796–8867, PRAStaff@ Administration (FDA) is announcing the (cerliponase alfa) go to the ‘‘Drugs@ fda.hhs.gov. issuance of a priority review voucher to FDA’’ Web site at https:// SUPPLEMENTARY INFORMATION: In the sponsor of a rare pediatric disease www.accessdata.fda.gov/scripts/cder/ compliance with 44 U.S.C. 3507, FDA product application. The Federal Food, daf/. has submitted the following proposed Drug, and Cosmetic Act (the FD&C Act), Dated: June 20, 2017. collection of information to OMB for as amended by the Food and Drug Anna K. Abram, review and clearance. Administration Safety and Innovation Act (FDASIA), authorizes FDA to award Deputy Commissioner for Policy, Planning, Annual Reporting for Custom Device Legislation, and Analysis. priority review vouchers to sponsors of Exemption OMB Control Number 0910– approved rare pediatric disease product [FR Doc. 2017–13236 Filed 6–23–17; 8:45 am] 0767—Extension applications that meet certain criteria. BILLING CODE 4164–01–P The custom device exemption is set FDA is required to publish notice of the forth at section 520(b)(2)(B) of the award of the priority review voucher. Federal Food, Drug, and Cosmetic Act DEPARTMENT OF HEALTH AND FDA has determined that Brineura (the FD&C Act) (21 U.S.C. 360j(b)(2)(B)). HUMAN SERVICES (cerliponase alfa) manufactured by A custom device is in a narrow category Biomarin Pharmaceuticals Inc., meets Food and Drug Administration of device that, by virtue of the rarity of the criteria for a priority review the patient’s medical condition or physician’s special need the device is voucher. [Docket No. FDA–2017–N–1066] designed to treat, it would be FOR FURTHER INFORMATION CONTACT: impractical for the device to comply Althea Cuff, Center for Drug Evaluation Agency Information Collection with premarket review regulations and and Research, Food and Drug Activities; Submission for Office of performance standards. Administration, 10903 New Hampshire Management and Budget Review; The Food and Drug Administration Ave., Bldg. 22, Rm. 6484, Silver Spring, Comment Request; Annual Reporting Safety and Innovation Act (FDASIA) MD 20993–0002, 301–796–4061, FAX: for Custom Device Exemption implemented changes to the custom 301–796–9858, email: althea.cuff@ AGENCY: Food and Drug Administration, device exemption contained in section fda.hhs.gov. HHS. 520(b) of the FD&C Act. The new SUPPLEMENTARY INFORMATION: FDA is ACTION: Notice. provision amended the existing custom announcing the issuance of a priority device exemption and introduced new review voucher to the sponsor of an SUMMARY: The Food and Drug concepts and procedures for custom approved rare pediatric disease product Administration (FDA) is announcing devices, such as: application. Under section 529 of the that a proposed collection of • Devices created or modified in FD&C Act (21 U.S.C. 360ff), which was information has been submitted to the order to comply with the order of an added by FDASIA, FDA will award Office of Management and Budget individual physician or dentist;

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• The potential for multiple units of In the Federal Register of September manufacturers should submit in the a device type (limited to no more than 24, 2014 (79 FR 57112), FDA announced custom device annual report, and five units per year) qualifying for the the availability of the guidance entitled provide recommendations on how to custom device exemption; and ‘‘Custom Device Exemption.’’ FDA has submit an annual report for devices • Annual reporting requirements by developed this document to provide distributed under the custom device the manufacturer to FDA about devices guidance to industry and FDA staff exemption. manufactured and distributed under about implementation of the custom In the Federal Register of March 21, section 520(b) of the FD&C Act. device exemption contained in the Under FDASIA, ‘‘devices’’ that qualify 2017 (82 FR 14518), FDA published a for the custom device exemption FD&C Act. The intent of the guidance is 60-day notice requesting public contained in section 520(b) of the FD&C to define terms used in the custom comment on the proposed collection of Act were clarified to include no more device exemption, explain how to information. No comments were than ‘‘five units per year of a particular interpret the ‘‘five units per year of a received. particular device type’’ language device type’’ that otherwise meet all the FDA estimates the burden of this contained in the FD&C Act, describe requirements necessary to qualify for collection of information as follows: the custom device exemption. information that FDA proposes

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Activity Number of responses per Total annual burden per Total hours respondents respondent responses response

Annual reporting for custom devices ...... 33 1 33 40 1,320 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 20, 2017. accommodations due to a disability, www.regulations.gov will be posted to Anna K. Abram, visitor parking, and transportation may the docket unchanged. Because your Deputy Commissioner for Policy, Planning, be accessed at: https://www.fda.gov/ comment will be made public, you are Legislation, and Analysis. AdvisoryCommittees/ solely responsible for ensuring that your [FR Doc. 2017–13245 Filed 6–23–17; 8:45 am] AboutAdvisoryCommittees/ comment does not include any BILLING CODE 4164–01–P ucm408555.htm. confidential information that you or a FDA is establishing a docket for third party may not wish to be posted, public comment on this meeting. The such as medical information, your or DEPARTMENT OF HEALTH AND docket number is FDA–2017–N–3331. anyone else’s Social Security number, or HUMAN SERVICES The docket will close on August 1, confidential business information, such 2017. Submit either electronic or as a manufacturing process. Please note Food and Drug Administration written comments on this public that if you include your name, contact meeting by August 1, 2017. Late, information, or other information that [Docket No. FDA–2017–N–3331] untimely filed comments will not be identifies you in the body of your Arthritis Advisory Committee; Notice considered. Electronic comments must comments, that information will be be submitted on or before August 1, of Meeting; Establishment of a Public posted on https://www.regulations.gov. 2017. The https://www.regulations.gov • If you want to submit a comment Docket; Request for Comments electronic filing system will accept with confidential information that you AGENCY: Food and Drug Administration, comments until midnight Eastern Time do not wish to be made available to the HHS. at the end of August 1, 2017. Comments public, submit the comment as a ACTION: Notice; establishment of a received by mail/hand delivery/courier written/paper submission and in the public docket; request for comments. (for written/paper submissions) will be manner detailed (see ‘‘Written/Paper considered timely if they are Submissions’’ and ‘‘Instructions’’). postmarked or the delivery service SUMMARY: The Food and Drug Written/Paper Submissions Administration (FDA) announces a acceptance receipt is on or before that forthcoming public advisory committee date. Submit written/paper submissions as Comments received on or before July follows: meeting of the Arthritis Advisory • Committee. The general function of the 19, 2017, will be provided to the Mail/Hand delivery/Courier (for committee is to provide advice and committee. written/paper submissions): Dockets recommendations to the Agency on Comments received after that date Management Staff (HFA–305), Food and FDA’s regulatory issues. The meeting will be taken into consideration by the Drug Administration, 5630 Fishers will be open to the public. FDA is Agency. Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments establishing a docket for public You may submit comments as submitted to the Dockets Management comment on this document. follows: Staff, FDA will post your comment, as DATES: The meeting will be held on Electronic Submissions well as any attachments, except for August 2, 2017, from 8 a.m. to 5 p.m. Submit electronic comments in the information submitted, marked and ADDRESSES: FDA White Oak Campus, following way: identified, as confidential, if submitted 10903 New Hampshire Ave., Bldg. 31 • Federal eRulemaking Portal: as detailed in ‘‘Instructions.’’ Conference Center, the Great Room (Rm. https://www.regulations.gov. Follow the Instructions: All submissions received 1503), Silver Spring, MD 20993. instructions for submitting comments. must include the Docket No. FDA– Answers to commonly asked questions Comments submitted electronically, 2017–N–3331 for ‘‘Arthritis Advisory including information regarding special including attachments, to https:// Committee; Notice of Meeting;

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Establishment of a Public Docket; Washington, DC area). A notice in the accommodated during the scheduled Request for Comments.’’ Received Federal Register about last minute open public hearing session, FDA may comments, those filed in a timely modifications that impact a previously conduct a lottery to determine the manner (see ADDRESSES) will be placed announced advisory committee meeting speakers for the scheduled open public in the docket and, except for those cannot always be published quickly hearing session. The contact person will submitted as ‘‘Confidential enough to provide timely notice. notify interested persons regarding their Submissions,’’ publicly viewable at Therefore, you should always check the request to speak by July 12, 2017. https://www.regulations.gov or at the Agency’s Web site at https:// Persons attending FDA’s advisory Dockets Management Staff between 9 www.fda.gov/AdvisoryCommittees/ committee meetings are advised that the a.m. and 4 p.m., Monday through default.htm and scroll down to the Agency is not responsible for providing Friday. appropriate advisory committee meeting access to electrical outlets. • Confidential Submissions—To link, or call the advisory committee FDA welcomes the attendance of the submit a comment with confidential information line to learn about possible public at its advisory committee information that you do not wish to be modifications before coming to the meetings and will make every effort to made publicly available, submit your meeting. accommodate persons with disabilities. If you require accommodations due to a comments only as a written/paper SUPPLEMENTARY INFORMATION: submission. You should submit two Agenda: The committee will discuss disability, please contact Philip Bautista copies total. One copy will include the biologics license application (BLA) at least 7 days in advance of the information you claim to be confidential 761057, for sirukumab injection meeting. FDA is committed to the orderly with a heading or cover note that states (proposed trade name PLIVENSIA), conduct of its advisory committee ‘‘THIS DOCUMENT CONTAINS submitted by Janssen Biotech, Inc., for meetings. Please visit our Web site at CONFIDENTIAL INFORMATION.’’ The the treatment of adult patients with https://www.fda.gov/ Agency will review this copy, including moderately to severely active AdvisoryCommittees/ the claimed confidential information, in rheumatoid arthritis who have had an AboutAdvisoryCommittees/ its consideration of comments. The inadequate response or are intolerant to ucm111462.htm for procedures on second copy, which will have the one or more disease modifying anti- public conduct during advisory claimed confidential information rheumatic drugs. The discussion will committee meetings. redacted/blacked out, will be available include dose selection, efficacy, Notice of this meeting is given under for public viewing and posted on radiographic progression study, and the Federal Advisory Committee Act (5 https://www.regulations.gov. Submit safety. U.S.C. app. 2). both copies to the Dockets Management FDA intends to make background Staff. If you do not wish your name and material available to the public no later Dated: June 20, 2017. contact information to be made publicly than 2 business days before the meeting. Anna K. Abram, available, you can provide this If FDA is unable to post the background Deputy Commissioner for Policy, Planning, information on the cover sheet and not material on its Web site prior to the Legislation, and Analysis. in the body of your comments and you meeting, the background material will [FR Doc. 2017–13203 Filed 6–23–17; 8:45 am] must identify this information as be made publicly available at the BILLING CODE 4164–01–P ‘‘confidential.’’ Any information marked location of the advisory committee as ‘‘confidential’’ will not be disclosed meeting, and the background material except in accordance with 21 CFR 10.20 will be posted on FDA’s Web site after DEPARTMENT OF HEALTH AND and other applicable disclosure law. For the meeting. Background material is HUMAN SERVICES more information about FDA’s posting available at https://www.fda.gov/ of comments to public dockets, see 80 AdvisoryCommittees/Calendar/ Health Resources and Services FR 56469, September 18, 2015, or access default.htm. Scroll down to the Administration the information at: https://www.gpo.gov/ appropriate advisory committee meeting Low-Income Levels Used for Various fdsys/pkg/FR-2015-09-18/pdf/2015- link. 23389.pdf. Procedure: Interested persons may Health Professions and Nursing Docket: For access to the docket to present data, information, or views, Programs Authorized in Titles III, VII, read background documents or the orally or in writing, on issues pending and VIII of the Public Health Service electronic and written/paper comments before the committee. All electronic and Act received, go to https:// written submissions must be submitted AGENCY: Health Resources and Services www.regulations.gov and insert the on or before August 1, 2017. Oral Administration (HRSA), Department of docket number, found in brackets in the presentations from the public will be Health and Human Services (HHS). heading of this document, into the scheduled between approximately 1 ACTION: Notice. ‘‘Search’’ box and follow the prompts p.m. and 2 p.m. Those individuals and/or go to the Dockets Management interested in making formal oral SUMMARY: HRSA is updating income Staff, 5630 Fishers Lane, Rm. 1061, presentations should notify the contact levels used to identify a ‘‘low-income Rockville, MD 20852. person and submit a brief statement of family’’ for the purpose of determining FOR FURTHER INFORMATION CONTACT: the general nature of the evidence or eligibility for programs that provide Philip Bautista, Center for Drug arguments they wish to present, the health professions and nursing training Evaluation and Research, Food and names and addresses of proposed to individuals from disadvantaged Drug Administration, 10903 New participants, and an indication of the backgrounds. These various programs Hampshire Ave., Bldg. 31, Rm. 2417, approximate time requested to make are authorized in Titles III, VII, and VIII Silver Spring, MD 20993–0002, 301– their presentation on or before July 11, of the Public Health Service Act. 796–9001, Fax: 301–847–8533, email: 2017. Time allotted for each HHS periodically publishes in the [email protected], or FDA Advisory presentation may be limited. If the Federal Register low-income levels to Committee Information Line, 1–800– number of registrants requesting to be used by institutions receiving federal 741–8138 (301–443–0572 in the speak is greater than can be reasonably grants and cooperative agreements to

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determine eligibility for programs LOW-INCOME LEVELS BASED ON THE Dated: June 16, 2017. providing training for (1) disadvantaged 2017 POVERTY GUIDELINES FOR THE George Sigounas, individuals, (2) individuals from 48 CONTIGUOUS STATES AND THE Administrator. disadvantaged backgrounds, or (3) DISTRICT OF COLUMBIA [FR Doc. 2017–13312 Filed 6–23–17; 8:45 am] individuals from low-income families. BILLING CODE 4165–15–P SUPPLEMENTARY INFORMATION: Many Persons in family/household * Income level ** health professions and nursing grant and cooperative agreement awardees 1 ...... $24,120 DEPARTMENT OF HEALTH AND use these low-income levels to 2 ...... 32,480 HUMAN SERVICES determine whether potential program 3 ...... 40,840 participants are from an economically- 4 ...... 49,200 Health Resources and Services disadvantaged background and would 5 ...... 57,560 Administration 6 ...... 65,920 be eligible to participate in the program, 7 ...... 74,280 Lists of Designated Primary Medical as well as to determine the amount of 8 ...... 82,640 Care, Mental Health, and Dental Health funding the individual receives. Awards Professional Shortage Areas are generally made to accredited schools For families with more than 8 persons, add of medicine, osteopathic medicine, $8,360 for each additional person. AGENCY: Health Resources and Services public health, dentistry, veterinary Administration (HRSA), Department of medicine, optometry, pharmacy, allied LOW-INCOME LEVELS BASED ON THE Health and Human Services (HHS). health, podiatric medicine, nursing, and 2017 POVERTY GUIDELINES FOR ACTION: Notice. chiropractic; public or private nonprofit ALASKA schools which offer graduate programs SUMMARY: This notice informs the public in behavioral health and mental health Persons in family/household * Income level ** of the availability of the complete lists practice; and other public or private of all geographic areas, population nonprofit health or education entities to 1 ...... $30,120 groups, and facilities designated as 2 ...... 40,580 primary medical care, mental health, assist the disadvantaged to enter and 3 ...... 51,040 graduate from health professions and and dental health professional shortage 4 ...... 61,500 areas (HPSAs) as of May 1, 2017. The nursing schools. Some programs 5 ...... 71,960 provide for the repayment of health lists are available on HRSA’s HPSAFind 6 ...... 82,420 Web site. professions or nursing education loans 7 ...... 92,880 for disadvantaged students. 8 ...... 103,340 ADDRESSES: The complete lists of A ‘‘low-income family/household’’ for HPSAs designated as of May 1, 2017, are For families with more than 8 persons, add available on the HPSAFind Web site at programs included in Titles III, VII, and $10,460 for each additional person. VIII of the Public Health Service Act is https://datawarehouse.hrsa.gov/tools/ defined as having an annual income that analyzers/hpsafind.aspx. Frequently LOW-INCOME LEVELS BASED ON THE updated information on HPSAs is does not exceed 200 percent of the 2017 POVERTY GUIDELINES FOR HA- Department’s poverty guidelines. A available at http:// WAII family is a group of two or more datawarehouse.hrsa.gov. Information on shortage designations is available at individuals related by birth, marriage, or Persons in family/household * Income level ** adoption who live together. https://bhw.hrsa.gov/shortage- designation. Most HRSA programs use the income 1 ...... $27,720 of a student’s parent(s) to compute low- 2 ...... 37,340 FOR FURTHER INFORMATION CONTACT: For income status. However, a ‘‘household’’ 3 ...... 46,960 further information on the HPSA may potentially be only one person. 4 ...... 56,580 designations listed on the HPSAFind Other HRSA programs, depending upon 5 ...... 66,200 Web site or to request an additional the legislative intent of the program, the 6 ...... 75,820 designation, withdrawal, or programmatic purpose related to income 7 ...... 85,440 reapplication for designation, please level, as well as the age and 8 ...... 95,060 contact Melissa Ryan, Operations circumstances of the participant, will For families with more than 8 persons, add Director, Division of Policy and apply these low-income standards to the $9,620 for each additional person. Shortage Designation, Bureau of Health individual student to determine * Includes only dependents listed on federal Workforce, HRSA, 11SWH03, 5600 income tax forms. Fishers Lane, Rockville, Maryland eligibility, as long as he or she is not ** Adjusted gross income for calendar year listed as a dependent on the tax form of 2016. 20857, (301) 594–5168 or MRyan@ his or her parent(s). Each program hrsa.gov. announces the rationale and choice of Separate poverty guidelines figures SUPPLEMENTARY INFORMATION: methodology for determining low- for Alaska and Hawaii reflect Office of income levels in program guidance. Economic Opportunity administrative Background Low-income levels are adjusted practice beginning in the 1966–1970 Section 332 of the Public Health annually based on HHS’s poverty period since the U.S. Census Bureau Services (PHS) Act, 42 U.S.C. 254e, guidelines. HHS’s poverty guidelines poverty thresholds do not have separate provides that the Secretary shall are based on poverty thresholds figures for Alaska and Hawaii. The designate HPSAs based on criteria published by the U.S. Census Bureau, poverty guidelines are not defined for established by regulation. HPSAs are adjusted annually for changes in the Puerto Rico and other outlying defined in section 332 to include (1) Consumer Price Index. The income jurisdictions. Puerto Rico and other urban and rural geographic areas with figures below have been updated to outlying jurisdictions must use the low- shortages of health professionals, (2) reflect HHS’s 2017 poverty guidelines as income levels table for the 48 population groups with such shortages, published in 82 FR 8831 (January 31, contiguous states and the District of and (3) facilities with such shortages. 2017). Columbia. Section 332 further requires that the

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Secretary annually publish lists of the clinics that offer services regardless of Dated: June 16, 2017. designated geographic areas, population ability to pay. Specifically, these entities George Sigounas, groups, and facilities. The lists of include FQHCs funded under section Administrator. HPSAs are to be reviewed at least 330 of the PHS Act, FQHC Look-Alikes, [FR Doc. 2017–13313 Filed 6–23–17; 8:45 am] annually and revised as necessary. and Tribal and urban Indian clinics BILLING CODE 4165–15–P Final regulations (42 CFR part 5) were operating under the Indian Self- published in 1980 that include the Determination and Education Act of criteria for designating HPSAs. Criteria 1975 (25 U.S.C. 450) or the Indian DEPARTMENT OF HEALTH AND were defined for seven health Health Care Improvement Act. Many, HUMAN SERVICES professional types: Primary medical but not all, of these entities are included care, dental, psychiatric, vision care, on this listing. Absence from this list Health Resources and Services podiatric, pharmacy, and veterinary does not exclude them from HPSA Administration care. The criteria for correctional facility designation; facilities eligible for HPSAs were revised and published on automatic designation are included in National Vaccine Injury Compensation Program; List of Petitions Received March 2, 1989 (54 FR 8735). The criteria the database when they are identified. for psychiatric HPSAs were expanded to Each list of designated HPSAs is AGENCY: Health Resources and Services mental health HPSAs on January 22, arranged by state. Within each state, a Administration (HRSA), Department of 1992 (57 FR 2473). Currently-funded list is presented by county. If only a Health and Human Services (HHS). PHS Act programs use only the primary portion (or portions) of a county is (are) ACTION: Notice. medical care, mental health, or dental designated, a county is part of a larger HPSA designations. designated service area, or a population SUMMARY: HRSA is publishing this HPSA designation offers access to group residing in a county or a facility notice of petitions received under the potential federal assistance. Public or located in a county has been designated, National Vaccine Injury Compensation private nonprofit entities are eligible to the name of the service area, population Program (the program), as required by apply for assignment of National Health group, or facility involved is listed the Public Health Service (PHS) Act, as Service Corps (NHSC) personnel to under the county name. A county that amended. While the Secretary of HHS is provide primary medical care, mental has a whole county geographic HPSA is named as the respondent in all health, or dental health services in or to indicated by the phrase ‘‘Entire county proceedings brought by the filing of these HPSAs. NHSC health HPSA’’ following the county name. petitions for compensation under the professionals enter into service program, the United States Court of agreements to serve in federally- Development of the Designation and Federal Claims is charged by statute designated HPSAs. Entities with clinical Withdrawal Lists with responsibility for considering and training sites located in HPSAs are Requests for designation or acting upon the petitions. eligible to receive priority for certain FOR FURTHER INFORMATION CONTACT: For residency training program grants withdrawal of a particular geographic area, population group, or a facility as information about requirements for administered by HRSA’s Bureau of filing petitions, and the program in Health Workforce (BHW). Other federal a HPSA are received continuously by BHW. Under a Cooperative Agreement general, contact Lisa L. Reyes, Acting programs also utilize HPSA Clerk, United States Court of Federal designations. For example, under between HRSA and the 54 state and territorial Primary Care Offices (PCOs), Claims, 717 Madison Place NW., authorities administered by the Centers Washington, DC 20005, (202) 357–6400. for Medicare & Medicaid Services, PCOs conduct needs assessments and submit the majority of the applications For information on HRSA’s role in the certain qualified providers in program, contact the Director, National geographic area HPSAs are eligible for to HRSA to designate areas as HPSAs. Requests that come from other sources Vaccine Injury Compensation Program, increased levels of Medicare 5600 Fishers Lane, Room 08N146B, reimbursement. are referred by BHW to PCOs for review. In addition, interested parties, including Rockville, MD 20857; (301) 443–6593, Content and Format of Lists Governors, state Primary Care or visit our Web site at: http:// The three lists of designated HPSAs Associations, and state professional www.hrsa.gov/vaccinecompensation/ are available on the HPSAFind Web site associations, are notified of requests so index.html. and include a snapshot of all geographic that they may submit comments and SUPPLEMENTARY INFORMATION: The areas, population groups, and facilities recommendations. program provides a system of no-fault that were designated HPSAs as of May BHW reviews each recommendation compensation for certain individuals 1, 2017. This notice incorporates the for possible addition, continuation, who have been injured by specified most recent annual reviews of revision, or withdrawal. Following childhood vaccines. Subtitle 2 of Title designated HPSAs and supersedes the review, BHW notifies the appropriate XXI of the PHS Act, 42 U.S.C. 300aa– HPSA lists published in the Federal agency, individuals, and interested 10 et seq., provides that those seeking Register on July 1, 2016 (81 FR 43214). organizations of each designation of a compensation are to file a petition with In addition, all Indian Tribes that HPSA, rejection of recommendation for the U.S. Court of Federal Claims and to meet the definition of such Tribes in the HPSA designation, revision of a HPSA serve a copy of the petition on the Indian Health Care Improvement Act of designation, and/or advance notice of Secretary of HHS, who is named as the 1976, 25 U.S.C. 1603(d), are pending withdrawal from the HPSA list. respondent in each proceeding. The automatically designated as population Designations (or revisions of Secretary has delegated this groups with primary medical care and designations) are effective as of the date responsibility under the program to dental health professional shortages. on the notification from BHW and are HRSA. The Court is directed by statute Further, the Health Care Safety Net updated daily on the HPSAFind Web to appoint special masters who take Amendments of 2002 provides site. The effective date of a withdrawal evidence, conduct hearings as eligibility for automatic facility HPSA will be the next publication of a notice appropriate, and make initial decisions designations for all federally qualified regarding the lists in the Federal as to eligibility for, and amount of, health centers (FQHCs) and rural health Register. compensation.

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A petition may be filed with respect the petitions listed below. Any person Carolina, Court of Federal Claims No: to injuries, disabilities, illnesses, choosing to do so should file an original 17–0609V conditions, and deaths resulting from and three (3) copies of the information 22. Joy Pleasant, Wellesley Hills, vaccines described in the Vaccine Injury with the Clerk of the U.S. Court of Massachusetts, Court of Federal Claims No: 17–0610V Table (the Table) set forth at 42 CFR Federal Claims at the address listed 23. Cynthia Pittman, Alexandria, Louisiana, 100.3. This Table lists for each covered above (under the heading FOR FURTHER Court of Federal Claims No: 17–0611V childhood vaccine the conditions that INFORMATION CONTACT), with a copy to 24. Alethea Agee, Dublin, California, Court of may lead to compensation and, for each HRSA addressed to Director, Division of Federal Claims No: 17–0615V condition, the time period for Injury Compensation Programs, 25. Kesha M. Story, Chalmette, Louisiana, occurrence of the first symptom or Healthcare Systems Bureau, 5600 Court of Federal Claims No: 17–0616V manifestation of onset or of significant Fishers Lane, 08N146B, Rockville, MD 26. Crystal Martin, Midland, Texas, Court of aggravation after vaccine 20857. The Court’s caption (Petitioner’s Federal Claims No: 17–0619V administration. Compensation may also 27. Judith Dunn, Calera, Alabama, Court of Name v. Secretary of HHS) and the Federal Claims No: 17–0620V be awarded for conditions not listed in docket number assigned to the petition 28. Russell Kilde on behalf of K.K., the Table and for conditions that are should be used as the caption for the Ortonville, Minnesota, Court of Federal manifested outside the time periods written submission. Chapter 35 of title Claims No: 17–0621V specified in the Table, but only if the 44, United States Code, related to 29. Donald R. Izard, Tonawanda, New York, petitioner shows that the condition was paperwork reduction, does not apply to Court of Federal Claims No: 17–0623V caused by one of the listed vaccines. information required for purposes of 30. Janine King, Dublin, Ohio, Court of Section 2112(b)(2) of the PHS Act, 42 carrying out the program. Federal Claims No: 17–0625V U.S.C. 300aa–12(b)(2), requires that 31. Mary Havener, Columbus, Ohio, Court of ‘‘[w]ithin 30 days after the Secretary Dated: June 16, 2017. Federal Claims No: 17–0626V receives service of any petition filed George Sigounas, 32. Cameron Sharp, Vienna, Virginia, Court Administrator. of Federal Claims No: 17–0628V under section 2111 the Secretary shall 33. Elizabeth Hiebert, Dallas, Texas, Court of publish notice of such petition in the List of Petitions Filed Federal Claims No: 17–0630V Federal Register.’’ Set forth below is a 34. Harold D. O’Dell, Alloy, West Virginia, 1. Carlo Smith, Phoenix, Arizona, Court of list of petitions received by HRSA on Court of Federal Claims No: 17–0631V Federal Claims No: 17–0580V May 1, 2017, through May 31, 2017. 35. Mark Prazoff, Washington, District of 2. Deeki Sinha, Robertsdale, Alabama, Court Columbia, Court of Federal Claims No: This list provides the name of of Federal Claims No: 17–0582V 17–0634V petitioner, city and state of vaccination 3. Carolyn Wall and Stephen Wall on behalf 36. Robert William Van Keuren, Maryville, (if unknown then city and state of of G.W., Aiken, South Carolina, Court of Tennessee, Court of Federal Claims No: person or attorney filing claim), and Federal Claims No: 17–0583V 17–0636V case number. In cases where the Court 4. John Price, Epping, New Hampshire, Court of Federal Claims No: 17–0586V 37. Danielle Dotson on behalf of B.M., New has redacted the name of a petitioner Albany, Indiana, Court of Federal Claims and/or the case number, the list reflects 5. Julie A. Galpin, Asheville, North Carolina, Court of Federal Claims No: 17–0588V No: 17–0637V such redaction. 38. Diana Bell, Meridian, Idaho, Court of Section 2112(b)(2) also provides that 6. Joseph Orlando, Erie, Pennsylvania, Court of Federal Claims No: 17–0589V Federal Claims No: 17–0638V the special master ‘‘shall afford all 7. Eric Raymer, Lake Jackson, Texas, Court of 39. Fay Munoz, Austell, Georgia, Court of interested persons an opportunity to Federal Claims No: 17–0590V Federal Claims No: 17–0640V submit relevant, written information’’ 8. Aimee Nichols, Charlestown, 40. Sheila English, Chicago, Illinois, Court of relating to the following: Massachusetts, Court of Federal Claims Federal Claims No: 17–0641V 1. The existence of evidence ‘‘that No: 17–0591V 41. Elizabeth Doles, Trenton, New Jersey, there is not a preponderance of the 9. Janelle Peacock, Washington, District of Court of Federal Claims No: 17–0642V Columbia, Court of Federal Claims No: 42. Muna Allaham, Ypsilanti, Michigan, evidence that the illness, disability, Court of Federal Claims No: 17–0644V injury, condition, or death described in 17–0592V 10. Mary Grammer, Arlington, Virginia, Court 43. Emily McIntosh, Fremont, Nebraska, the petition is due to factors unrelated of Federal Claims No: 17–0593V Court of Federal Claims No: 17–0645V to the administration of the vaccine 11. Brian Kelly, Canton, Ohio, Court of 44. Susan Chatriand, Butte, Montana, Court described in the petition,’’ and Federal Claims No: 17–0594V of Federal Claims No: 17–0646V 2. Any allegation in a petition that the 12. Olivia Jeffers on behalf of X.J., Augusta, 45. Richard Pastella, Camp Hill, petitioner either: Georgia, Court of Federal Claims No: 17– Pennsylvania, Court of Federal Claims a. ‘‘[S]ustained, or had significantly 0596V No: 17–0647V aggravated, any illness, disability, 13. Shawnta Gillespie, Baltimore, Maryland, 46. Elena Trujillo, Phoenix, Arizona, Court of injury, or condition not set forth in the Court of Federal Claims No: 17–0597V Federal Claims No: 17–0648V 14. Ross Vinocur, Avon, Connecticut, Court 47. Donna T. Hyatt, Greenville, South Vaccine Injury Table but which was Carolina, Court of Federal Claims No: caused by’’ one of the vaccines referred of Federal Claims No: 17–0598V 15. Kathleen Colbath on behalf of M.C., 17–0650V to in the Table, or Phoenix, Arizona, Court of Federal 48. Gina Kidwell, New Port Richey, Florida, b. ‘‘[S]ustained, or had significantly Claims No: 17–0599V Court of Federal Claims No: 17–0651V aggravated, any illness, disability, 16. Lacey Hauck, Johnstown, Pennsylvania, 49. Rebecca Tell, New Milford, New Jersey, injury, or condition set forth in the Court of Federal Claims No: 17–0602V Court of Federal Claims No: 17–0652V Vaccine Injury Table the first symptom 17. Hanane M. Seid, Oakland, California, 50. Ardena White, Chicago, Illinois, Court of or manifestation of the onset or Court of Federal Claims No: 17–0604V Federal Claims No: 17–0655V significant aggravation of which did not 18. Yvonne Salmon, Wellington, Florida, 51. Misty Titus, Flagstaff, Arizona, Court of occur within the time period set forth in Court of Federal Claims No: 17–0605V Federal Claims No: 17–0656V 52. John Berchielli, Washington, District of the Table but which was caused by a 19. David Robin Curtis, West Des Moines, Iowa, Court of Federal Claims No: 17– Columbia, Court of Federal Claims No: vaccine’’ referred to in the Table. 0607V 17–0658V In accordance with Section 20. Amy Shahbaz and Philip Shahbaz on 53. Beth Bieranowski, McKees Rocks, 2112(b)(2), all interested persons may behalf of J.S., Glendora, California, Court Pennsylvania, Court of Federal Claims submit written information relevant to of Federal Claims No: 17–0608V No: 17–0659V the issues described above in the case of 21. Evangelina Salinas, Greensboro, North 54. Amy Lynn Smith, Brookfield, Wisconsin,

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Court of Federal Claims No: 17–0660V New Jersey, Court of Federal Claims No: Name of Committee: National Institute of 55. Ethel Lynn Munn, Norfolk, Virginia, 17–0714V Diabetes and Digestive and Kidney Diseases Court of Federal Claims No: 17–0662V 88. Catherine W. Viega, Rochester, New York, Special Emphasis Panel; Digestive Disease 56. Robert Meli, Ocean City, New Jersey, Court of Federal Claims No: 17–0715V Research Core Centers. Court of Federal Claims No: 17–0666V 89. Iola Sykes, Sarasota, Florida, Court of Date: July 19, 2017. 57. John Sheridan, Phoenix, Arizona, Court Federal Claims No: 17–0716V Time: 1:00 p.m. to 5:00 p.m. of Federal Claims No: 17–0669V 90. Dennis Smalley, Washington, District of Agenda: To review and evaluate grant 58. Christine Pearson, Warrenton, Virginia, Columbia, Court of Federal Claims No: applications. Court of Federal Claims No: 17–0670V 17–0717V Place: National Institutes of Health, Two 59. Shannon Finch, Riverside, California, 91. Lauren Jankowski on behalf of L.J., Democracy Plaza, 6707 Democracy Court of Federal Claims No: 17–0675V Englewood, New Jersey, Court of Federal Boulevard, Bethesda, MD 20892 (Telephone 60. Elizabeth Turner, Sacramento, California, Claims No: 17–0718V Conference Call). Court of Federal Claims No: 17–0678V 92. Marci Talley Banks, Greensboro, North Contact Person: Paul A. Rushing, Ph.D., 61. Cynthia A. Marcinik, Latrobe, Carolina, Court of Federal Claims No: Scientific Review Officer, Review Branch, Pennsylvania, Court of Federal Claims 17–0719V DEA, NIDDK, National Institutes of Health, No: 17–0680V 93. Paula Burcham, Mankato, Minnesota, Room 7345, 6707 Democracy Boulevard, 62. Kimberly R. Koebler, Pittsburgh, Court of Federal Claims No: 17–0720V Bethesda, MD 20892–5452, (301) 594–8895, Pennsylvania, Court of Federal Claims 94. Darlene Headding, Rancho Santa [email protected]. No: 17–0681V Margarita, California, Court of Federal Name of Committee: National Institute of 63. Tanitha Jackson on behalf of D.E., Claims No: 17–0721V Diabetes and Digestive and Kidney Diseases Albany, Georgia, Court of Federal Claims 95. Linda Chen on behalf of K.N., Boston, Special Emphasis Panel; Bladder Function No: 17–0682V Massachusetts, Court of Federal Claims P01. 64. Kimberly Roberts, Torrance, California, No: 17–0722V Date: July 21, 2017. Court of Federal Claims No: 17–0683V 96. Tina Reynolds, Beverly Hills, California, Time: 2:00 p.m. to 4:30 p.m. 65. Billy Dean Peel, Martinez, Georgia, Court Court of Federal Claims No: 17–0723V Agenda: To review and evaluate grant of Federal Claims No: 17–0684V [FR Doc. 2017–13314 Filed 6–23–17; 8:45 am] applications. 66. Kristie McClure, Murphy, North Carolina, Place: National Institutes of Health, Two Court of Federal Claims No: 17–0687V BILLING CODE 4165–15–P Democracy Plaza, 6707 Democracy 67. Anita Burgess, Denton, Texas, Court of Boulevard, Bethesda, MD 20892 (Telephone Federal Claims No: 17–0688V Conference Call). 68. Victor Walker, Juneau, Alaska, Court of DEPARTMENT OF HEALTH AND Contact Person: Ryan G. Morris, Ph.D., Federal Claims No: 17–0689V HUMAN SERVICES Scientific Review Officer, Review Branch, 69. Mona Ibrahim, Fargo, North Dakota, DEA, NIDDK, National Institutes of Health, Court of Federal Claims No: 17–0690V National Institutes of Health Room 7015, 6707 Democracy Boulevard, 70. Darlene Dinkel, Salina, Kansas, Court of Bethesda, MD 20892–2542, 301–594–4721, Federal Claims No: 17–0691V National Institute of Diabetes and [email protected]. 71. Todd Rosenthal, Ft. Mill, South Carolina, Digestive and Kidney Diseases; Notice Name of Committee: National Institute of Court of Federal Claims No: 17–0693V of Closed Meetings Diabetes and Digestive and Kidney Diseases 72. Victor Morales, Pembroke Pines, Florida, Special Emphasis Panel; RFA DK17–501 Court of Federal Claims No: 17–0694V Pursuant to section 10(d) of the Limited Competition: Revision Application 73. Valerie Mulholland, Florence, Oregon, Federal Advisory Committee Act, as for the Human Islet Research Network Court of Federal Claims No: 17–0696V amended (5 U.S.C. App.), notice is Coordinating Center (U01). 74. Joseph L. Wheatley, Louisville, Kentucky, hereby given of the following meetings. Date: July 24, 2017. Court of Federal Claims No: 17–0697V The meetings will be closed to the Time: 1:30 p.m. to 3:30 p.m. 75. Julius Vine, Glendale, California, Court of public in accordance with the Agenda: To review and evaluate Federal Claims No: 17–0698V provisions set forth in sections cooperative agreement applications. 76. Nico Herron and Patience Turner on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, Two behalf of Xavier Herron, Deceased, Palo Democracy Plaza, 6707 Democracy Alto, California, Court of Federal Claims as amended. The grant applications and Boulevard, Bethesda, MD 20892 (Telephone No: 17–0700V the discussions could disclose Conference Call). 77. Jeffery Graves, Dresher, Pennsylvania, confidential trade secrets or commercial Contact Person: Ann A. Jerkins, Ph.D., Court of Federal Claims No: 17–0701V property such as patentable material, Scientific Review Officer, Review Branch, 78. Christy Lynn Day on behalf of Reid and personal information concerning DEA, NIDDK, National Institutes of Health, Thomas Englehart, Deceased, Baton individuals associated with the grant Room 7119, 6707 Democracy Boulevard, Rouge, Louisiana, Court of Federal applications, the disclosure of which Bethesda, MD 20892–5452, 301–594–2242, Claims No: 17–0702V would constitute a clearly unwarranted [email protected]. 79. Jamie L. Pinelli, San Clemente, California, invasion of personal privacy. Name of Committee: National Institute of Court of Federal Claims No: 17–0704V Diabetes and Digestive and Kidney Diseases 80. Samuel Schrecengost, Clarion, Name of Committee: National Institute of Special Emphasis Panel; RFA DK16–005 Pennsylvania, Court of Federal Claims Diabetes and Digestive and Kidney Diseases Identification of Mechanisms Mediating the No: 17–0705V Special Emphasis Panel; Pancreas-Related Effects of Sleep on Diabetes-Related 81. Linda McDonald, Voorhees, New Jersey, Applications. Metabolism in Humans (R01). Court of Federal Claims No: 17–0706V Date: July 14, 2017. Date: July 25, 2017. 82. Willie Griffin, Dallas, Texas, Court of Time: 1:00 p.m. to 3:00 p.m. Time: 1:30 p.m. to 5:00 p.m. Federal Claims No: 17–0707V Agenda: To review and evaluate grant Agenda: To review and evaluate grant 83. Carolyn Curtis, Waldorf, Maryland, Court applications. applications. of Federal Claims No: 17–0708V Place: National Institutes of Health, Two Place: National Institutes of Health, Two 84. Jannie Owens, Knoxville, Tennessee, Democracy Plaza, 6707 Democracy Democracy Plaza, 6707 Democracy Court of Federal Claims No: 17–0709V Boulevard, Bethesda, MD 20892 (Telephone Boulevard, Bethesda, MD 20892 (Telephone 85. Marc Dudash, Greensboro, North Conference Call). Conference Call). Carolina, Court of Federal Claims No: Contact Person: Paul A. Rushing, Ph.D., Contact Person: Ann A. Jerkins, Ph.D., 17–0710V Scientific Review Officer, Review Branch, Scientific Review Officer, Review Branch, 86. Jennifer Butterworth Lyons, Chicago, DEA, NIDDK, National Institutes of Health, DEA, NIDDK, National Institutes of Health, Illinois, Court of Federal Claims No: 17– Room 7345, 6707 Democracy Boulevard, Room 7119, 6707 Democracy Boulevard, 0713V Bethesda, MD 20892–5452, (301) 594–8895, Bethesda, MD 20892–5452, 301–594–2242, 87. Lynn Farag on behalf of Z.F., Roseland, [email protected]. [email protected].

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(Catalogue of Federal Domestic Assistance Contact Person: Jonathan K. Ivins, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, Program Nos. 93.847, Diabetes, Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Endocrinology and Metabolic Research; Scientific Review, National Institutes of Institutes of Health, HHS) 93.848, Digestive Diseases and Nutrition Health, 6701 Rockledge Drive, Room 4040A, Research; 93.849, Kidney Diseases, Urology MSC 7806, Bethesda, MD 20892, (301) 594– Dated: June 20, 2017. and Hematology Research, National Institutes 1245, [email protected]. Natasha M. Copeland, of Health, HHS) Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory Dated: June 20, 2017. Review Special Emphasis Panel; PAR–16– Committee Policy. 117: iKnow HIV Applications. David Clary, [FR Doc. 2017–13213 Filed 6–23–17; 8:45 am] Date: July 18, 2017. Program Analyst, Office of Federal Advisory Time: 9:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Committee Policy. Agenda: To review and evaluate grant [FR Doc. 2017–13220 Filed 6–23–17; 8:45 am] applications. BILLING CODE 4140–01–P Place: National Institutes of Health, 6701 DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892 HUMAN SERVICES (Virtual Meeting). DEPARTMENT OF HEALTH AND Contact Person: Shalanda A. Bynum, National Institutes of Health HUMAN SERVICES Ph.D., MPH, Scientific Review Officer, Center for Scientific Review, National Institutes of National Center for Complementary National Institutes of Health Health, 6701 Rockledge Drive, Room 3206, and Integrative Health Notice of Closed Bethesda, MD 20892, 301–755–4355, Meeting Center for Scientific Review; Notice of [email protected]. Closed Meetings Name of Committee: Center for Scientific Pursuant to section 10(d) of the Review Special Emphasis Panel; Member Federal Advisory Committee Act, as Pursuant to section 10(d) of the Conflict: HIV and Related Research. amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as Date: July 18, 2017. hereby given of the following meeting. amended (5 U.S.C. App.), notice is Time: 10:00 a.m. to 5:00 p.m. hereby given of the following meetings. Agenda: To review and evaluate grant The meeting will be closed to the The meetings will be closed to the applications. public in accordance with the Place: National Institutes of Health, 6701 provisions set forth in sections public in accordance with the Rockledge Drive, Bethesda, MD 20892 provisions set forth in sections (Virtual Meeting). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Shalanda A. Bynum, as amended. The grant applications and as amended. The grant applications and Ph.D., MPH, Scientific Review Officer, Center the discussions could disclose the discussions could disclose for Scientific Review, National Institutes of confidential trade secrets or commercial confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 3206, property such as patentable material, property such as patentable material, Bethesda, MD 20892, 301–755–4355, and personal information concerning and personal information concerning [email protected]. individuals associated with the grant individuals associated with the grant Name of Committee: Center for Scientific applications, the disclosure of which applications, the disclosure of which Review Special Emphasis Panel; PAR Panel: would constitute a clearly unwarranted would constitute a clearly unwarranted Multidisciplinary Studies of HIV and Viral invasion of personal privacy. Hepatitis Co-Infection. invasion of personal privacy. Date: July 19, 2017. Name of Committee: National Center for Name of Committee: Center for Scientific Time: 11:00 a.m. to 9:00 p.m. Complementary and Integrative Health Review Special Emphasis Panel; Member Agenda: To review and evaluate grant Special Emphasis Panel; NCCIH Training and Conflict: Hepatology. applications. Education Review Panel. Date: July 11, 2017. Place: National Institutes of Health, 6701 Date: July 19, 2017. Time: 1:00 p.m. to 3:00 p.m. Rockledge Drive, Bethesda, MD 20892 Time: 12:00 p.m. to 4:00 p.m. Agenda: To review and evaluate grant (Virtual Meeting). Agenda: To review and evaluate grant applications. Contact Person: Kenneth A. Roebuck, applications. Place: National Institutes of Health, 6701 Ph.D., Scientific Review Officer, Center for Place: National Institutes of Health, Two Rockledge Drive, Bethesda, MD 20892 Scientific Review, National Institutes of (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5106, Democracy Plaza, 6707 Democracy Contact Person: Jonathan K. Ivins, Ph.D., MSC 7852, Bethesda, MD 20892, (301) 435– Boulevard, Bethesda, MD 20892 (Virtual Scientific Review Officer, Center for 1166, [email protected]. Meeting). Scientific Review, National Institutes of Name of Committee: Center for Scientific Contact Person: Ashlee Tipton, PhD., Health, 6701 Rockledge Drive, Room 4040A, Review Special Emphasis Panel; Member Scientific Review Officer, Division of MSC 7806, Bethesda, MD 20892, (301) 594– Conflict: Host Defense and Vaccines. Extramural Activities, National Center for 1245, [email protected]. Date: July 19, 2017. Complementary and Integrative Health, 6707 This notice is being published less than 15 Time: 12:30 p.m. to 5:00 p.m. Democracy Boulevard, Room 401, Bethesda, days prior to the meeting due to the timing Agenda: To review and evaluate grant MD 20892, 301–451–3849, ashlee.tipton@ limitations imposed by the review and applications. nih.gov. funding cycle. Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific Program Nos. 93.213, Research and Training Review Special Emphasis Panel; Member (Virtual Meeting). Contact Person: Alok Mulky, Ph.D., in Complementary and Integrative Health, Conflict: Drug Development and Xenobiotic National Institutes of Health, HHS) Disposition. Scientific Review Officer, Center for Date: July 13, 2017. Scientific Review (CSR), National Institutes Dated: June 20, 2017. of Health (NIH), 6701 Rockledge Dr, Room Time: 1:00 p.m. to 3:00 p.m. Michelle Trout, Agenda: To review and evaluate grant 4203, Bethesda, MD 20817, (301) 435–3566, Program Analyst, Office of Federal Advisory applications. [email protected]. Committee Policy. Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.306, Comparative Medicine; [FR Doc. 2017–13215 Filed 6–23–17; 8:45 am] (Telephone Conference Call). 93.333, Clinical Research, 93.306, 93.333, BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES HUMAN SERVICES as amended. The grant applications and the discussions could disclose National Institutes of Health National Institutes of Health confidential trade secrets or commercial property such as patentable material, National Eye Institute; Notice of Closed National Heart, Lung, and Blood and personal information concerning Meetings Institute; Notice of Closed Meeting individuals associated with the grant Pursuant to section 10(d) of the applications, the disclosure of which Pursuant to section 10(d) of the Federal Advisory Committee Act, as would constitute a clearly unwarranted Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is invasion of personal privacy. amended (5 U.S.C. App.), notice is hereby given of the following meeting. Name of Committee: Center for Scientific hereby given of the following meetings. The meeting will be closed to the Review Special Emphasis Panel; PAR 16– The meetings will be closed to the public in accordance with the 121: Early-Stage Preclinical Validation of public in accordance with the provisions set forth in section Therapeutic Leads for Diseases of Interest to 552b(c)(6), Title 5 U.S.C., as amended. the NIDDK. provisions set forth in sections Date: July 18, 2017. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The grant applications and the discussions could disclose confidential Time: 12:00 p.m. to 5:00 p.m. as amended. The grant applications and Agenda: To review and evaluate grant the discussions could disclose trade secrets or commercial property applications. confidential trade secrets or commercial such as patentable material, and Place: National Institutes of Health, 6701 personal information concerning property such as patentable material, Rockledge Drive, Bethesda, MD 20892 individuals associated with the grant (Virtual Meeting). and personal information concerning applications, the disclosure of which Contact Person: Antonello Pileggi, MD, individuals associated with the grant would constitute a clearly unwarranted Ph.D., Scientific Review Officer, Center for applications, the disclosure of which invasion of personal privacy. Scientific Review, National Institutes of would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 6166, invasion of personal privacy. Name of Committee: National Heart, Lung, Bethesda, MD 20892–7892, (301) 402–6297, and Blood Institute Special Emphasis Panel; [email protected]. Name of Committee: National Eye Institute International Strategic Timing of Name of Committee: Center for Scientific Special Emphasis Panel; NEI Translational Antiretroviral Therapy Trial. Date: July 18, 2017. Review Special Emphasis Panel; Member Research Program to Develop Novel Conflict: Eukaryotic Parasites and Vectors. Therapies and Devices for the Treatment of Time: 12:00 p.m. to 2:00 p.m. Agenda: To review and evaluate grant Date: July 24–25, 2017. Visual System Disorders (R24). applications. Time: 8:00 a.m. to 6:00 p.m. Date: July 25, 2017. Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Time: 8:00 a.m. to 4:30 p.m. Rockledge Drive, Room 7188, Bethesda, MD applications. Agenda: To review and evaluate grant 20892 (Telephone Conference Call). Place: National Institutes of Health, 6701 applications. Contact Person: Chang Sook Kim, Phd., Rockledge Drive, Bethesda, MD 20892 Place: Hilton Garden Inn Bethesda, 7301 Scientific Review Officer, Office of Scientific (Virtual Meeting). Waverly Street, Bethesda, MD 20814. Review/DERA, National Heart, Lung, and Contact Person: Fouad A. El-Zaatari, Ph.D., Scientific Review Officer, Center for Contact Person: Brian Hoshaw, PhD., Blood Institute, 6701 Rockledge Drive, Room Scientific Review, National Institutes of Scientific Review Officer, National Eye 7188, Bethesda, MD 20892–7924, 301–827– 7940, [email protected]. Health, 6701 Rockledge Drive, Room 3186, Institute, National Institutes of Health, MSC 7808, Bethesda, MD 20892, (301) 435– Division of Extramural Research, 5635 (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for 1149, [email protected]. Fishers Lane, Suite 1300, Rockville, MD Sleep Disorders Research; 93.837, Heart and (Catalogue of Federal Domestic Assistance 20892, 301–451–2020, hoshawb@ Vascular Diseases Research; 93.838, Lung Program Nos. 93.306, Comparative Medicine; mail.nih.gov. Diseases Research; 93.839, Blood Diseases 93.333, Clinical Research, 93.306, 93.333, Name of Committee: National Eye Institute, and Resources Research, National Institutes 93.337, 93.393–93.396, 93.837–93.844, Special Emphasis Panel; NEI Secondary Data of Health, HHS) 93.846–93.878, 93.892, 93.893, National Analysis Grant Applications. Dated: June 20, 2017. Institutes of Health, HHS) Date: July 26, 2017. Michelle Trout, Dated: June 20, 2017. Time: 9:00 a.m. to 12:00 p.m. Program Analyst, Office of Federal Advisory Sylvia L. Neal, Agenda: To review and evaluate grant Committee Policy. Program Analyst, Office of Federal Advisory applications. [FR Doc. 2017–13218 Filed 6–23–17; 8:45 am] Committee Policy. Place: National Institutes of Health 5635 BILLING CODE 4140–01–P [FR Doc. 2017–13212 Filed 6–23–17; 8:45 am] Fishers Lane, Bethesda, MD 20892 (Virtual BILLING CODE 4140–01–P Meeting). Contact Person: Jeanette M. Hosseini, PhD., DEPARTMENT OF HEALTH AND Scientific Review Officer 5635 Fishers Lane, HUMAN SERVICES DEPARTMENT OF HEALTH AND Suite 1300, Bethesda, MD 20892, 301–451– HUMAN SERVICES 2020, [email protected]. National Institutes of Health (Catalogue of Federal Domestic Assistance National Institutes of Health Program Nos. 93.867, Vision Research, Center for Scientific Review; Notice of National Institutes of Health, HHS) Closed Meetings National Institute on Drug Abuse; Notice of Closed Meeting Dated: June 20, 2017. Pursuant to section 10(d) of the Natasha M. Copeland, Federal Advisory Committee Act, as Pursuant to section 10(d) of the Program Analyst, Office of Federal Advisory amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as Committee Policy. hereby given of the following meetings. amended (5 U.S.C. App), notice is The meetings will be closed to the [FR Doc. 2017–13216 Filed 6–23–17; 8:45 am] hereby given of the following meeting. public in accordance with the The meeting will be closed to the BILLING CODE 4140–01–P provisions set forth in sections public in accordance with the

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provisions set forth in sections Place: National Human Genome Research and Research Training, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institute, National Institutes of Health, 5635 Health, HHS) as amended. The contract proposals and Fishers Lane, Suite 3046, Bethesda, MD Dated: June 20, 2017. the discussions could disclose 20892 (Telephone Conference Call). Contact Person: Barbara J. Thomas, Ph.D., David Clary, confidential trade secrets or commercial Scientific Review Officer, Scientific Review Program Analyst, Office of Federal Advisory property such as patentable material, Branch, National Human Genome Research Committee Policy. and personal information concerning Institute, National Institutes of Health, 5635 [FR Doc. 2017–13214 Filed 6–23–17; 8:45 am] individuals associated with the contract Fishers Lane, Ste. 4076, MSC 9306, Bethesda, BILLING CODE 4140–01–P proposals, the disclosure of which MD 20892–9306, 301–402–0838, would constitute a clearly unwarranted [email protected]. invasion of personal privacy. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.172, Human Genome HUMAN SERVICES Name of Committee: National Institute on Research, National Institutes of Health, HHS) Drug Abuse Special Emphasis Panel NIDA Blending Initiative (2248). Dated: June 20, 2017. Substance Abuse and Mental Health Date: June 27, 2017. Sylvia L. Neal, Services Administration Time: 11:00 a.m. to 12:00 p.m. Program Analyst, Office of Federal Advisory Center for Substance Abuse Agenda: To review and evaluate contract Committee Policy. proposals. Treatment; Notice of Meeting Place: National Institutes of Health, [FR Doc. 2017–13217 Filed 6–23–17; 8:45 am] Neuroscience Center, 6001 Executive BILLING CODE 4140–01–P Pursuant to Public Law 92–463, Boulevard, Rockville, MD 20852 (Telephone notice is hereby given that the Conference Call). Substance Abuse and Mental Health Contact Person: Lyle Furr, Scientific DEPARTMENT OF HEALTH AND Services Administration’s (SAMHSA’s) Review Officer, Office of Extramural Affairs, HUMAN SERVICES Center for Substance Abuse Treatment National Institute on Drug Abuse, NIH, (CSAT) National Advisory Council will DHHS, Room 4227, MSC 9550, 6001 National Institutes of Health Executive Boulevard, Bethesda, MD 20892– meet on August 11, 2017, 11:00 a.m.– 12:00 p.m. (EDT) in a closed 9550, (301) 827–5702, lf33c.nih.gov. National Center for Advancing (Catalogue of Federal Domestic Assistance teleconference meeting. Translational Sciences; Notice of The meeting will include discussions Program No.: 93.279, Drug Abuse and Closed Meeting Addiction Research Programs, National and evaluations of grant applications Institutes of Health, HHS) Pursuant to section 10(d) of the reviewed by SAMHSA’s Initial Review Dated: June 20, 2017. Federal Advisory Committee Act, as Groups, and involve an examination of confidential financial and business Natasha M. Copeland, amended (5 U.S.C. App.), notice is hereby given of the following meeting. information as well as personal Program Analyst, Office of Federal Advisory information concerning the applicants. Committee Policy. The meeting will be closed to the public in accordance with the Therefore, the meeting will be closed to [FR Doc. 2017–13219 Filed 6–23–17; 8:45 am] provisions set forth in sections the public as determined by the BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., SAMHSA Acting Deputy Assistant as amended. The contract proposals and Secretary for Mental Health and Substance Use in accordance with Title DEPARTMENT OF HEALTH AND the discussions could disclose 5 U.S.C. 552b(c)(4) and (6) and Title 5 HUMAN SERVICES confidential trade secrets or commercial property such as patentable material, U.S.C. App. 2, 10(d). National Institutes of Health and personal information concerning Meeting information and a roster of individuals associated with the contract Council members may be obtained by National Human Genome Research proposals, the disclosure of which accessing the SAMHSA Committee Web Institute; Notice of Closed Meeting would constitute a clearly unwarranted site at http://www.samhsa.gov/about-us/ invasion of personal privacy. advisory-councils/csat-national- Pursuant to section 10(d) of the advisory-council or by contacting the Federal Advisory Committee Act, as Name of Committee: National Center for CSAT National Advisory Council amended (5 U.S.C. App.), notice is Advancing Translational Sciences Special Emphasis Panel Platform Delivery—N.A. Designated Federal Officer; Tracy Goss hereby given of the following meeting. (see contact information below). The meeting will be closed to the Date: July 19, 2017. Time: 8:00 a.m. to 5:30 p.m. Council Name: SAMHSA’s Center for public in accordance with the Agenda: To review and evaluate contract Substance Abuse Treatment, National provisions set forth in sections proposals. Advisory Council. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, One Date/Time/Type: August 11, 2017, as amended. The grant applications and Democracy Plaza, Room 1066, 6701 11:00 a.m.–12:00 p.m. EDT, Closed. the discussions could disclose Democracy Boulevard, Bethesda, MD 20892 Place: SAMHSA, 5600 Fishers Lane, confidential trade secrets or commercial (Virtual Meeting). Rockville, Maryland 20857. property such as patentable material, Contact Person: Barbara J. Nelson, Ph.D., Contact: Tracy Goss, Designated and personal information concerning Scientific Review Officer Office of Scientific Federal Officer, CSAT National individuals associated with the grant Review, National Center for Advancing Advisory Council, 5600 Fishers Lane, Translational Sciences (NCATS), National applications, the disclosure of which Institutes of Health, 6701 Democracy Blvd., Rockville, Maryland 20857 (mail), would constitute a clearly unwarranted Democracy 1, Room 1080, Bethesda, MD Telephone: (240) 276–0759, Fax: (240) invasion of personal privacy. 20892–4874, 301–435–0806, nelsonbj@ 276–2252, Email: tracy.goss@ Name of Committee: Center for Inherited mail.nih.gov. samhsa.hhs.gov. Disease Research Access Committee. (Catalogue of Federal Domestic Assistance Carlos Castillo, Date: July 21, 2017. Program Nos. 93.859, Pharmacology, Time: 11:30 a.m. to 1:30 p.m. Physiology, and Biological Chemistry Committee Management Officer, SAMHSA. Agenda: To review and evaluate grant Research; 93.350, B—Cooperative [FR Doc. 2017–13221 Filed 6–23–17; 8:45 am] applications. Agreements; 93.859, Biomedical Research BILLING CODE 4162–20–P

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DEPARTMENT OF HEALTH AND grants to local, public and non-profit web surveys. The Web Surveys will be HUMAN SERVICES organizations to provide the PATH administered once. allowable services. Site Visits will be conducted with a Substance Abuse and Mental Health The SAMHSA Administrator is purposive sample of PATH grantees and Services Administration required under Section 528 of the PHS providers to collect more nuanced Act to evaluate the expenditures of Agency Information Collection information than will be possible with PATH grantees at least once every three the web survey. Semi-structured Activities: Proposed Collection; years to ensure they are consistent with Comment Request discussions will take place with the legislative requirements and to SPCs, grantee staff, PATH provider staff In compliance with Section recommend changes to the program including the Project Director and other 3506(c)(2)(A) of the Paperwork design or operations. The primary task key management staffs, outreach Reduction Act of 1995 concerning of the PATH evaluation is to meet the workers, case managers and other opportunity for public comment on mandates of Section 528 of the PHS Act. clinical treatment staff, key stakeholders proposed collections of information, the The second task of the PATH evaluation at the grantee and provider level and Substance Abuse and Mental Health is to conduct additional data collection consumers. Five grantees will be Services Administration (SAMHSA) and analysis to further investigate the selected for Site Visits and visited will publish periodic summaries of sources of variation in key program within each grantee will be one to two proposed projects. To request more output and outcome measures that are PATH providers. The Site Visits will be information on the proposed projects or important for program management and utilized to collect information regarding: to obtain a copy of the information policy development. The PATH Provider and state characteristics; collection plans, call the SAMHSA evaluation builds on the previous practices and priorities; context within Reports Clearance Officer on (240) 276– evaluation which was finalized in 2016 which the grantees and providers 1243. and was conducted as part of the operate; and services available within Comments are invited on: (a) Whether National Evaluation of SAMHSA the areas the providers operate. Also, the proposed collections of information Homeless Programs. The PATH discussed will be the successes, barriers, are necessary for the proper evaluation will use web surveys, and strategies faced by PATH grantees performance of the functions of the telephone interviews and site visits to and providers. Focus groups will be agency, including whether the facilitate the collection of information held with current or former consumers information shall have practical utility; regarding the structures and processes of the PATH program to obtain (b) the accuracy of the agency’s estimate in place at the grantee and provider consumer perspectives regarding the of the burden of the proposed collection level. Data regarding the outputs and impact of the programs. The Site Visits of information; (c) ways to enhance the outcomes of the PATH program will be will be conducted once. quality, utility, and clarity of the obtained from grantee applications, Telephone Interviews will be information to be collected; and (d) providers’ intended use plans (IUPs) conducted with a sample of SPCs (n=28) ways to minimize the burden of the and from PATH annual report data, and intermediary (n=14) and provider collection of information on which is also required by Section 528 of staff (n=60) to explore through open- respondents, including through the use the PHS Act and is approved under ended questions in greater detail, of automated collection techniques or OMB No. 0930–0205. explanations for variations among other forms of information technology. Web Surveys will be conducted with all State PATH Contacts (SPCs) and staff providers in measures that are Proposed Project: Evaluation of the from intermediary and PATH provider important for program management and Projects for Assistance in Transition organizations. The Web Surveys will policy development. The outputs of the From Homelessness (PATH) Program— capture detailed and structured PATH program include: the number of New information in the following topics: persons receiving PATH-funded SAMHSA is conducting the federally Selection, monitoring and oversight of services, outreached/contacted and mandated Evaluation of the PATH PATH providers; populations served; enrolled; the number of services program. The PATH grant program, the PATH allowable or eligible services provided; and the number of referrals created as part of the Stewart B. provided; sources for match funds; provided. The outcome evaluation will McKinney Homeless Assistance provision of training and technical be limited, given limitations in available Amendments Act of 1990, is assistance; implementation of Evidence data and will include the number of administered by SAMHSA’s CMHS’ Based Practices (EBPs) and innovative persons referred to and attaining Homeless Programs Branch. The PATH practices including SOAR; data substance use treatment, primary health program is authorized under Section reporting, use of data and the Homeless services, job training, educational 521 et seq. of the Public Health Service Management Information System services, housing services, housing (PHS) Act, as amended. The SAMHSA (HMIS); and collaboration, coordination placement assistance, income PATH program funds each Fiscal Year and involvement with Continuums of assistance, employment assistance and the 50 states, the District of Columbia, Care (CoCs) and other organizations. medical assistance. The Telephone Puerto Rico, and four U.S. Territories The SPCs for all grantees (n=56), the interviews will be conducted once. (the U.S. Virgin Islands, Guam, Project Directors from the PATH The estimated burden for the American Samoa, and the provider organizations (n=500) and staff reporting requirements for the PATH Commonwealth of the Northern Mariana from the intermediary organizations evaluation is summarized in the table Islands). The PATH grantees make (n=28) will be contacted to complete the below.

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ANNUAL BURDEN TABLE

Responses Instrument/activity Number of per Total Hours per Total hour respondents respondent responses response burden

Web Surveys

SPC Web Survey ...... 1 56 1 56 1 56 PATH Intermediary Web Survey ...... 2 28 1 28 1 28 PATH Provider Web Survey ...... 3 500 1 500 1 500

Telephone Interviews

SPC Telephone Interviews ...... 4 28 1 28 1 28 PATH Intermediary Telephone Interviews ...... 5 14 1 14 1 14 PATH Provider Telephone Interviews ...... 6 60 1 60 1 60

Site Visit Interviews

Opening Session with State Staff ...... 7 25 1 25 2 50 SPC Session ...... 8 5 1 5 2 10 State Stakeholder Session ...... 9 25 1 25 1.5 37.5 Opening Session with PATH Provider Leadership Staff ..... 10 50 1 50 2 100 PATH Provider PD Session ...... 11 10 1 10 2 20 PATH Provider Direct Care Staff Session ...... 12 50 1 50 2 100 Provider Stakeholder Session ...... 13 50 1 50 1.5 75 Consumer Focus Groups ...... 14 100 1 100 1.5 150

Total ...... 1,001 ...... 1,001 ...... 1,228.5 1 1 respondent × 56 SPCs = 56 respondents. 2 1 respondent × 28 Intermediaries = 28 respondents. 3 1 respondent × 500 PATH providers = 500 respondents. 4 1 respondent × 28 SPCs = 28 respondents. 5 1 respondent × 14 Intermediaries = 14 respondents. 6 1 respondent × 60 PATH providers = 60 respondents. 7 5 respondents × 5 site visits = 25 respondents. 8 1 respondent × 5 site visits = 5 respondents. 9 5 respondents × 5 site visits = 25 respondents. 10 5 respondents × 10 site visits (2 providers per state) = 50 respondents. 11 1 respondent × 10 site visits (2 providers per state) =10 respondents. 12 5 respondents × 10 site visits (2 providers per state) = 50 respondents. 13 5 respondents × 10 site visits (2 providers per state) = 50 respondents. 14 10 respondents × 10 site visits (10 Consumers per provider (2 providers per state) = 100 respondents.

Send comments to Summer King, SUMMARY: The Merchant Marine ADDRESSES: To join the teleconference, SAMHSA Reports Clearance Officer, Personnel Advisory Committee working contact the individual listed in the FOR 5600 Fishers Lane, Room 15E57–B, group will meet via teleconference to FURTHER INFORMATION CONTACT section to Rockville, Maryland 20857, OR email a work on Task Statement 98, review of obtain the needed information no later copy to [email protected]. the progress made by the military than 5 p.m. on July 24, 2017. The Written comments should be received services towards meeting the goals on number of teleconference lines is by August 25, 2017. the use of Military Education, Training, limited and will be available on a first- come, first served basis. To physically Summer King, and Assessment for STCW and National Mariner Endorsements as identified in join those participating from U.S. Coast Statistician. Guard Headquarters, it will be held in [FR Doc. 2017–13240 Filed 6–23–17; 8:45 am] the Howard Coble Coast Guard and Maritime Transportation Act of 2014 Room 5J16–15, 2703 Martin Luther King BILLING CODE 4162–20–P Jr. Ave. SE., Washington, DC 20593– and subsequent legislation, and to 7509 (http://www.dcms.uscg.mil/Our- complete the discussions from its March Organization/Director-of-Operational- 22–23 and May 16, 2017 meetings. The Logistics-DOL/Bases/Base-National- DEPARTMENT OF HOMELAND teleconference will be open to the SECURITY Capital-Region/Visitor/). public. Pre-registration Information: Foreign nationals participating physically at the Coast Guard DATES: The Merchant Marine Personnel U.S. Coast Guard Headquarters will be Advisory Committee working group is [Docket No. USCG–2017–0496] required to pre-register no later than 4 scheduled to meet via teleconference on p.m. on July 01, 2017. U.S. citizens Merchant Marine Personnel Advisory Wednesday, August 2, 2017, from 8 a.m. participating physically at U.S. Coast Committee until 5 p.m. and on Thursday, August 3, Guard Headquarters will be required to 2017, from 8 a.m. until 5 p.m. Eastern pre-register no later than 4 p.m. on July AGENCY: Coast Guard, Department of Standard Time. Please note that this Homeland Security. 24, 2017, to be admitted to the meeting. teleconference may adjourn early if the To pre-register, contact Lieutenant ACTION: Notice of Federal Advisory working group has completed its Junior Grade James Fortin at 202–372– Committee Teleconference meeting. business. 1128 or [email protected] with

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MERPAC in the subject line and provide Transportation Act of 2014, Title 46, (3) Public comment period. your name, company, and telephone United States Code, section 8108, and (4) Preparation of the meeting report number; if a foreign national, also chartered under the provisions of the to the full Committee. provide your country of citizenship, and Federal Advisory Committee Act, (Title (5) Adjournment of meeting. passport number and expiration date. 5, United States Code, Appendix). The A copy of all meeting documentation All attendees will be required to provide Committee acts solely in an advisory will be available at https:// a government-issued picture capacity to the Secretary of the homeport.uscg.mil/merpac/. identification card in order to gain Department of Homeland Security Alternatively, you may contact admittance to the building. through the Commandant of the Coast Lieutenant Junior Grade James Fortin as For information on facilities or Guard on matters relating to personnel noted in the FOR FURTHER INFORMATION services for individuals with disabilities in the United States merchant marine, CONTACT section above. or to request special assistance at the including training, qualifications, A public comment period will be held meeting, contact the Alternate certification, documentation, and fitness during each day concerning matters Designated Federal Officer as soon as standards and other matters as assigned being discussed. Speakers are requested possible using the contact information by the Commandant; shall review and to limit their comments to 3 minutes. provided in the FOR FURTHER comment on proposed Coast Guard Please note that the public comment INFORMATION CONTACT section of this regulations and policies relating to periods will end following the last call notice. personnel in the United States merchant for comments. Please contact Lieutenant Instructions: You are free to submit marine, including training, Junior Grade James Fortin, listed in the comments at any time, including orally qualifications, certification, FOR FURTHER INFORMATION CONTACT at the teleconference, but if you want documentation, and fitness standards; section, to register as a speaker. working group committee members to may be given special assignments by the Please note that the teleconference review your comment before the Secretary and may conduct studies, may adjourn early if the work is meetings, please submit your comments inquiries, workshops, and fact finding completed. no later than July 24, 2017. We are in consultation with individuals and Dated: June 20, 2017. particularly interested in comments on groups in the private sector and with J.G. Lantz, the issues in the ‘‘Agenda’’ section State or local governments; shall advise, Director of Commercial Regulations and below. You must include ‘‘Department consult with, and make Standards. of Homeland Security’’ and the docket recommendations reflecting its [FR Doc. 2017–13257 Filed 6–23–17; 8:45 am] number USCG–2017–0496 in your independent judgment to the Secretary. comment submission. Written BILLING CODE 9110–04–P comments may also be submitted using Agenda Federal eRulemaking Portal at http:// DAY 1 DEPARTMENT OF HOMELAND www.regulations.gov. If you encounter The agenda for the August 2, 2017, SECURITY technical difficulties with comments working group teleconference is as submission, contact the individual follows: Coast Guard listed in the FOR FURTHER INFORMATION (1) The working group will meet [Docket No. USCG–2017–0495] CONTACT section of this document. briefly to discuss Task Statement 98 (All Comments received will be posted task statements can be found at https:// Merchant Marine Personnel Advisory without alteration at http:// homeport.uscg.mil/merpac/); Committee www.regulations.gov, including any (2) Reports of working sub-groups. At AGENCY: personal information provided. You the end of the day, the working sub- Department of Homeland may review the Privacy Act Notice groups will report to the full working Security, Coast Guard. regarding the Federal Docket group on what was accomplished in ACTION: Notice of Federal Advisory Management System in the March 24, their meetings. The full working group Committee Teleconference meeting. 2005, issue of the Federal Register (70 will not take action as a result of this SUMMARY: The Merchant Marine FR 15086). working group meeting; action will be Docket Search: For access to the Personnel Advisory Committee working taken on day 2 of the meeting. docket to read documents or comments group will meet via teleconference to (3) Public comment period. work on Task Statement 96, review and related to this notice, go to http:// (4) Adjournment of meeting. www.regulations.gov, type USCG–2017– comment on course and program 0496 in the ‘‘Search’’ box, press Enter, DAY 2 approval requirements and NVIC 03–14 and then click on the item you wish to The agenda for the August 3, 2017, guidelines for approval of training view. working group teleconference is as courses and programs, to complete the FOR FURTHER INFORMATION CONTACT: follows: discussions from its March 22–23 and Lieutenant Junior Grade James Fortin, (1) The working group will meet May 16, 2017 meetings. The Alternate Designated Federal Officer of briefly to discuss Task Statement 98 (All teleconference will be open to the the Merchant Marine Personnel task statements can be found at https:// public. Advisory Committee, 2703 Martin homeport.uscg.mil/merpac/); DATES: The Merchant Marine Personnel Luther King Jr. Ave. SE., Stop 7509, (2) Reports of working sub-groups. Advisory Committee working group is Washington, DC 20593–7509, telephone The working sub-groups will report to scheduled to meet via teleconference on 202–372–1128, fax 202–372–8385 or the full working group on what was Tuesday, July 25, 2017, from 8 a.m. [email protected]. accomplished in their meetings. The full until 5 p.m. and on Wednesday, July 26, SUPPLEMENTARY INFORMATION: The working group will not take action on 2017, from 8 a.m. until 5 p.m. Eastern Merchant Marine Personnel Advisory these reports at this time. Any action Standard Time. Please note that this Committee was established under taken as a result of this working group teleconference may adjourn early if the authority of section 310 of the Howard meeting will be taken after the public working group has completed its Coble Coast Guard and Maritime comment period. business.

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ADDRESSES: To join the teleconference, regarding the Federal Docket groups will report to the full working contact the individual listed in the FOR Management System in the March 24, group on what was accomplished in FURTHER INFORMATION CONTACT section to 2005, issue of the Federal Register (70 their meetings. The full working group obtain the needed information no later FR 15086). will not take action as a result of this than 5 p.m. on July 17, 2017. The Docket Search: For access to the working group meeting; action will be number of teleconference lines is docket to read documents or comments taken on day 2 of the meeting. limited and will be available on a first- related to this notice, go to http:// (3) Public comment period. come, first served basis. To physically www.regulations.gov, type USCG–2017– (4) Adjournment of meeting. 0495 in the ‘‘Search’’ box, press Enter, join those participating from the U.S. DAY 2 Coast Guard National Maritime Center, and then click on the item you wish to it will be held at 100 Forbes Drive, view. The agenda for the July 26, 2017, Martinsburg, WV 25404–0001 (https:// FOR FURTHER INFORMATION CONTACT: working group teleconference is as www.uscg.mil/nmc/). Lieutenant Junior Grade James Fortin, follows: Pre-registration Information: Foreign Alternate Designated Federal Officer of (1) The working group will meet nationals participating physically at the the Merchant Marine Personnel briefly to discuss Task Statement 96 (All U.S. Coast Guard National Maritime Advisory Committee, 2703 Martin task statements can be found at https:// Center will be required to pre-register Luther King Jr. Ave SE., Stop 7509, homeport.uscg.mil/merpac); no later than 4 p.m. on July 01, 2017. Washington, DC 20593–7509, telephone (2) Reports of working sub-groups. U.S. citizens participating physically at 202–372–1128, fax 202–372–8385 or The working sub-groups will report to the U.S. Coast Guard National Maritime [email protected]. the full working group on what was accomplished in their meetings. The full Center will be required to pre-register SUPPLEMENTARY INFORMATION: The working group will not take action on no later than 4 p.m. on July 17, 2017, Merchant Marine Personnel Advisory these reports at this time. Any action to be admitted to the meeting. To pre- Committee was established under taken as a result of this working group register, contact Lieutenant Junior Grade authority of section 310 of the Howard meeting will be taken after the public James Fortin at 202–372–1128 or Coble Coast Guard and Maritime [email protected] with MERPAC comment period. Transportation Act of 2014, Title 46, (3) Public comment period. in the subject line and provide your United States Code, section 8108, and name, company, and telephone number; (4) Preparation of the meeting report chartered under the provisions of the to the full Committee. if a foreign national, also provide your Federal Advisory Committee Act, (Title country of citizenship, and passport (5) Adjournment of meeting. 5, United States Code, Appendix). The A copy of all meeting documentation number and expiration date. All Committee acts solely in an advisory attendees will be required to provide a will be available at https:// capacity to the Secretary of the government-issued picture homeport.uscg.mil/merpac/. Department of Homeland Security identification card in order to gain Alternatively, you may contact through the Commandant of the Coast admittance to the building. Lieutenant Junior Grade James Fortin as For information on facilities or Guard on matters relating to personnel noted in the FOR FURTHER INFORMATION services for individuals with disabilities in the United States merchant marine, CONTACT section above. or to request special assistance at the including training, qualifications, A public comment period will be held meeting, contact the Alternate certification, documentation, and fitness during each day during the working Designated Federal Officer as soon as standards and other matters as assigned group teleconference concerning matters possible using the contact information by the Commandant. The Committee being discussed. Speakers are requested provided in the FOR FURTHER shall also review and comment on to limit their comments to 3 minutes. INFORMATION CONTACT section of this proposed Coast Guard regulations and Please note that the public comment notice. policies relating to personnel in the periods will end following the last call Instructions: You are free to submit United States merchant marine, for comments. Please contact Lieutenant comments at any time, including orally including training, qualifications, Junior Grade James Fortin, listed in the at the teleconference, but if you want certification, documentation, and fitness FOR FURTHER INFORMATION CONTACT working group committee members to standards; may be given special section, to register as a speaker. review your comment before the assignments by the Secretary and may Please note that the teleconference meetings, please submit your comments conduct studies, inquiries, workshops, may adjourn early if the work is no later than July 17, 2017. We are and fact finding in consultation with completed. particularly interested in comments on individuals and groups in the private Dated: June 20, 2017. sector and with State or local the issues in the ‘‘Agenda’’ section J.G. Lantz, below. You must include ‘‘Department governments; and shall advise, consult with, and make recommendations Director of Commercial Regulations and of Homeland Security’’ and the docket Standards. number USCG–2017–0495 in your reflecting its independent judgment to [FR Doc. 2017–13258 Filed 6–23–17; 8:45 am] comment submission. Written the Secretary. BILLING CODE 9110–04–P comments may also be submitted using Agenda Federal eRulemaking Portal at http:// DAY 1 www.regulations.gov. If you encounter DEPARTMENT OF HOMELAND technical difficulties with comments The agenda for the July 25, 2017, SECURITY submission, contact the individual working group teleconference is as listed in the FOR FURTHER INFORMATION follows: Coast Guard CONTACT section of this document. (1) The working group will meet Comments received will be posted briefly to discuss Task Statement 96 (All [Docket No. USCG–2017–0422] without alteration at http:// task statements can be found at https:// Certificate of Alternative Compliance www.regulations.gov, including any homeport.uscg.mil/merpac); for the TUG INDEPENDENCE personal information provided. You (2) Reports of working sub-groups. At may review the Privacy Act Notice the end of the day, the working sub- AGENCY: Coast Guard, DHS.

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ACTION: Notice. would not significantly enhance the including the validity of the safety of the vessel’s operation. methodology and assumptions used; SUMMARY: The Coast Guard announces This notice is issued under authority that a Certificate of Alternative (3) Enhance the quality, utility, and of 33 U.S.C. 1605(c) and 33 CFR 81. Compliance (COAC) was issued for the clarity of the information to be TUG INDEPENDENCE. We are issuing Dated: June 13, 2017. collected; and this notice because its publication is B.L. Black, (4) Minimize the burden of the required by statute. Capt., Chief, Prevention Department, First collection of information on those who DATES: The Certificate of Alternative District, U.S. Coast Guard. are to respond, including through the Compliance was issued on May 9th, [FR Doc. 2017–13329 Filed 6–23–17; 8:45 am] use of appropriate automated, 2017. BILLING CODE 9110–04–P electronic, mechanical, or other FOR FURTHER INFORMATION CONTACT: For technological collection techniques or information or questions about this other forms of information technology, DEPARTMENT OF HOMELAND notice call or email Mr. Kevin Miller, e.g., permitting electronic submission of SECURITY First District Towing Vessel/Barge responses. Safety Specialist, U.S. Coast Guard; U.S. Immigration and Customs Overview of This Information telephone (617) 223–8272, email Enforcement Collection . SUPPLEMENTARY INFORMATION: The Agency Information Collection (1) Type of Information Collection: United States is signatory to the Activities: Extension, Without Change, Extension, without change, of a International Maritime Organization’s of an Existing Information Collection; currently approved information International Regulations for Preventing Comment Request; OMB Control No. collection. Collisions at Sea, 1972 (72 COLREGS), 1653–0022 (2) Title of the Form/Collection: as amended. The special construction or Immigration Bond. purpose of some vessels makes them AGENCY: U.S. Immigration and Customs unable to comply with the light, shape, Enforcement, Department of Homeland (3) Agency form number, if any, and and sound signal provisions of the 72 Security. the applicable component of the Department of Homeland Security COLREGS. Under statutory law 1 and ACTION: 60-Day Notice of Information sponsoring the collection: ICE Form I– Coast Guard regulation,2 a vessel may collection for review; Form No. I–352, 352; U.S. Immigration and Customs instead meet alternative requirements Immigration Bond; OMB Control No. Enforcement. and the vessel’s owner, builder, 1653–0022. operator, or agent may apply for a (4) Affected public who will be asked COAC. For vessels of special The Department of Homeland or required to respond, as well as a brief construction, the cognizant Coast Guard Security (DHS), U.S. Immigration and abstract: Primary: Individual or District Office determines whether the Customs Enforcement (USICE) will Households; Business or other for-profit. vessel for which the COAC is sought submit the following Information The data collected on this collection complies as closely as possible with the Collection Request (ICR) to the Office of instrument is used by ICE to ensure that 72 COLREGS, and decides whether to Management and Budget (OMB) for the person or company posting the bond issue the COAC. Once issued, a COAC review and clearance in accordance is aware of the duties and remains valid until information with the Paperwork Reduction Act of responsibilities associated with the supplied in the COAC application or the 1995. The information collection is bond. The collection instrument serves COAC terms become inapplicable to the published in the Federal Register to the purpose of instruction in the vessel. Under the governing statute 3 obtain comments from the public and completion of the form, together with an and regulation,4 the Coast Guard must affected agencies. Comments are explanation of the terms and conditions publish notice of this action. encouraged and will be accepted for of the bond. Sureties have the capability The Commandant, U.S. Coast Guard, sixty days until August 25, 2017. of accessing, completing and submitting certifies that the TUG INDEPENDENCE Written comments and suggestions a bond electronically through ICE’s is a vessel of special construction or regarding items contained in this notice eBonds system which encompasses the purpose, and that, with respect to the and especially with regard to the I–352, while individuals are still position of the navigation and towing estimated public burden and associated required to complete the bond form lights, it is not possible to comply fully response time should be directed to the manually. with the requirements of the provisions PRA Clearance Officer for USICE and (5) An estimate of the total number of enumerated in the 72 COLREGS, sent via electronic mail to forms.ice@ without interfering with the normal respondents and the amount of time ice.dhs.gov. estimated for an average respondent to operation of the vessel. The Written comments and suggestions Commandant further finds and certifies respond: 25,000 responses at 30 minutes ′ ″ from the public and affected agencies (.50 hours) per response. that the sidelights (13 2.75 ; from the concerning the proposed collection of (6) An estimate of the total public vessel’s side mounted on the pilot information should address one or more ′ ″ burden (in hours) associated with the house) and stern/towing lights (5 6.5 of the following four points: aft of frame 18 mounted on top of the collection: 12,500 annual burden hours. (1) Evaluate whether the proposed pilot house) are in the closet possible Dated: June 21, 2017. compliance with the applicable collection of information is necessary Scott Elmore, provisions of the 72 COLREGS and that for the proper performance of the full compliance with the 72 COLREGS functions of the agency, including PRA Clearance Officer, Office of the Chief whether the information will have Information Officer, U.S. Immigration and Customs Enforcement, Department of 1 33 U.S.C. 1605(c). practical utility; Homeland Security. 2 33 CFR 81.3. (2) Evaluate the accuracy of the 3 33 U.S.C. 1605(c). agencies estimate of the burden of the [FR Doc. 2017–13282 Filed 6–23–17; 8:45 am] 4 33 CFR 81.18. proposed collection of information, BILLING CODE 9111–28–P

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DEPARTMENT OF THE INTERIOR CFR 17.31; threatened species permit threatened species permits in requirements are at 50 CFR 17.32. In accordance with 50 CFR 17.44(y)(5) for Fish and Wildlife Service 2005, the Service promulgated Sturgeon AquaFarms’ aquaculture regulations under section 4(d) of the Act facility in Bascom, Florida. In [FWS–HQ–IA–2016–N174; FXIA16710900000–177–FF09A10000] for the beluga sturgeon, a threatened evaluating the application, the Service species (70 FR 10493, March 4, 2005); sought additional information from the Threatened Species; Exemption From these regulations are codified at 50 CFR applicant, the State of Florida, and the Threatened Species Permits for a 17.44(y). littoral states with which the applicant Qualifying Beluga Sturgeon In accordance with 50 CFR has entered into formal agreements (the Aquaculture Facility 17.44(y)(5), we consider applications for Russian Federation and the Republic of exemptions from threatened species Azerbaijan). We also conducted a site AGENCY: Fish and Wildlife Service, permits for beluga sturgeon caviar and visit at the Sturgeon AquaFarms’ Interior. meat obtained from aquaculture aquaculture facility in Bascom, Florida. ACTION: Notice. facilities located outside the littoral On June 15, 2016, the Service approved, States of Azerbaijan, Bulgaria, Georgia, under certain conditions, the requested SUMMARY: We, the U.S. Fish and Islamic Republic of Iran, Kazakhstan, exemption from threatened species Wildlife Service (Service), provide Romania, Russian Federation, Serbia permitting requirements to allow the notice of an exemption to threatened and Montenegro, Turkey, Turkmenistan, take of beluga sturgeon from Sturgeon species permit requirements granted and Ukraine. These exemptions are for AquaFarms’ aquacultured stock, located under our Endangered Species Act (Act) individual facilities. Through an at its facility in Bascom, Florida, for the regulations for beluga sturgeon (Huso exemption, the Service may authorize purpose of harvesting beluga meat and huso). The exemption is for beluga aquacultured beluga sturgeon caviar and to allow for the interstate commerce and sturgeon reared in an aquaculture meat originating from the facility to be export of beluga meat the facility facility in Florida that the Service found imported, exported, re-exported, or harvests from its aquacultured stock. meets the criteria under our regulations. traded in interstate and foreign This exemption applies to aquacultured The exemption authorizes the facility to commerce without threatened species beluga meat only; it does not apply to take beluga sturgeon from its permits issued under 50 CFR 17.32. trade in beluga caviar or live beluga aquacultured stock for the purpose of Additionally, the Service may authorize sturgeon. harvesting aquacultured beluga sturgeon an exemption for aquaculture facilities Authority: We issue this notice under the meat and also authorizes the facility to within the United States from authority of the Endangered Species Act (16 engage in interstate commerce and prohibitions against take for purposes of U.S.C. 1531 et seq.) and in accordance with export of beluga sturgeon meat, which it harvesting caviar or meat or for 50 CFR 17.44(y)(5)(iv). harvests from its aquacultured stock conducting activities involving research Brenda Tapia, without a threatened species permit. to enhance the survival or propagation of the species. Program Analyst, Division of Management ADDRESSES: Documents and other Authority. information submitted with the Under the 4(d) rule, the Service may issue such exemptions only after a [FR Doc. 2017–13232 Filed 6–23–17; 8:45 am] application are available for review, BILLING CODE 4333–15–P subject to the requirements of the facility has satisfactorily demonstrated Privacy Act and Freedom of Information to us that criteria in § 17.44(y)(5)(i) through (iii) have been met, including: Act, by any party who submits a written DEPARTMENT OF THE INTERIOR request for a copy of such documents to: (1) The relevant regulatory authority has certified that the facility implements U.S. Fish and Wildlife Service, Division Fish and Wildlife Service sufficient controls to prevent the escape of Scientific Authority, MS: IA, 5275 of live animals and disease pathogens [FWS–R2–ES–2016–N203; Leesburg Pike, Falls Church, VA 22041; into local ecosystems; (2) the facility FXES11130200000–167–FF02ENEH00] fax (703) 358–2276. does not rely on wild beluga sturgeon Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Dr. for broodstock; and (3) the facility has and Plants; Pima Pineapple Cactus Rosemarie Gnam, (703) 358–1708 entered into a formal agreement with (Coryphantha scheeri var. (telephone); (703) 358–2276 (fax); one or more littoral states to study, _ robustispina) Draft Recovery Plan Rosemarie [email protected] (email). protect, or otherwise enhance the SUPPLEMENTARY INFORMATION: survival of wild populations of beluga AGENCY: Fish and Wildlife Service, sturgeon. Exemptions granted under Background Interior. § 17.44(y)(5) shall not apply to trade ACTION: Notice of availability; request Under section 4(d) of the Endangered (import, export, re-export, or interstate for comment. Species Act of 1973, as amended (16 and foreign commerce) in live beluga U.S.C. 1531 et seq.), the Service has sturgeon. Exemptions may be revoked at SUMMARY: We, the Fish and Wildlife discretion to issue regulations that we any time if the Service determines that Service (Service), announce that of our find necessary and advisable to provide any of the criteria shown in paragraphs Pima pineapple cactus (Coryphantha for the conservation of threatened (y)(5)(i) through (iii) are not met by the scheeri var. robustispina) draft recovery wildlife. We may also prohibit by facility, and applicants are required to plan is available. The cactus is listed as regulation, with respect to threatened submit biennial reports on their endangered under the Endangered wildlife, any act that is prohibited by compliance. In addition to meeting all Species Act of 1973, as amended (Act). section 9(a)(1) of the Act for endangered requirements of the 4(d) rule, all This plant species is currently found in wildlife. In exercising this discretion, applicable provisions in 50 CFR parts southern Arizona and in northern the Service enforces general 13, 14, and 23 remain in effect and must Sonora, Mexico. The draft recovery plan prohibitions that are appropriate for also be met. includes specific recovery objectives most threatened species. These On March 6, 2013, we received an and criteria to be met in order to enable prohibitions are codified in title 50 of application from Sturgeon AquaFarms us to remove this species from the list the Code of Federal Regulations at 50 that requested an exemption from of endangered and threatened wildlife

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and plants. We request that local, State, lower Sonoran desert-scrubland, desert- urbanization. Throughout the entire and Federal agencies; Tribes; and the grassland, or the ecotone between range, C. scheeri var. robustispina is public review and comment. We will desert-scrubland and desert-grassland in stressed by drought and climate change also accept any new species status southeastern Arizona and northern impacts, as well as predation by information throughout its range to Sonora, Mexico. It was federally listed mammals and insects. assist with recovery plan finalization. as endangered on September 23, 1993; Plants are found on lands owned or DATES: To ensure consideration, we critical habitat was not designated. The managed by the Federal government must receive written comments on or taxon has been found historically in (approximately 12 percent), State before August 25, 2017. However, we Pima and Santa Cruz Counties, Arizona, government (approximately 46 percent), will accept information about any and northern Sonora, Mexico, where it Tribal government (approximately 2 species at any time. occupies a small area proximal to the percent), and private entities ADDRESSES: Obtaining Documents: If U.S. border. Coryphantha scheeri var. (approximately 40 percent). you wish to review the draft recovery robustispina is not listed under Mexican Coryphantha scheeri var. robustispina is plan, you may obtain a copy by any one protected species regulations by the typically found widely spaced in the of the following methods: Secretarı´a de Medio Ambiente y landscape. A total of 6,712 individuals Internet: Download the file at Recursos Naturales. The recovery have been documented in our files from www.fws.gov/southwest/es/Documents/ priority number for Coryphantha surveys of 43,072 hectares (106,433 R2ES/ scheeri var. robustispina is 3C, meaning acres) of suitable habitat. Similarly, as of CoryphanthaScheeriRobustispina_ that the listed entity is a subspecies, the the summer of 2015, the Arizona DraftRecoveryPlan_Final_ level of threat is high, the potential for Natural Heritage Program database of February2015.pdf; recovery is high, and there is a conflict locations for this taxon consisted of U.S. mail: Request a copy by writing with some form of economic activity 7,558 records, of which 1,837 were to the Arizona Ecological Services Field (urbanization). The first 5-year status known to no longer exist, primarily due Office, Fish and Wildlife Service, 9828 review for Coryphantha scheeri var. to development and not natural causes. N 31st Ave. #C3, Phoenix, AZ 85051– robustispina was signed on February 8, The principal C. scheeri var. 2517; or 2007. Based on the static or declining robustispina recovery strategy is to Telephone: Request a copy by calling status of the species across its range and preserve and restore quality habitat to (602) 242–0210. continued threats, it was recommended protect individuals and their seedbanks Submitting Comments: If you wish to in the 5-year review that the taxon within two recovery units representing comment on the draft recovery plan, remain listed as endangered. the range of the taxon. Providing Coryphantha scheeri var. robustispina you may submit your comments in conservation and restoration of the is a small, hemispheric-to-cylindrical writing by any one of the following taxon and its habitat will allow a stable, stem succulent perennial of the methods: self-sustaining population to persist Cactaceae (cactus family). Its stems U.S. mail: Field Supervisor, at the with some level of connectivity and reach 5 to 46 centimeters (cm) (1.9 to above address; opportunities for expansion and Hand-delivery: Arizona Ecological 18.1 inches (in)) in height and 5 to 21 dispersal. Services Field Office, at the above cm (1.9 to 8.3 in) in diameter, are address; comprised primarily of tough, fleshy Recovery Plan Goals Fax: (602) 242–2513; or pulp, and are protected by a leathery The objective of a recovery plan is to Email: [email protected]. outer skin. Stems may be singular or provide a framework for the recovery of For additional information about form clumps. The surface of the stems submitting comments, see Request for are covered in 2 to 3 cm (0.8 to 1.2 in) a species so that protection under the Public Comments. long rounded projections called Act is no longer necessary. A recovery plan includes scientific information FOR FURTHER INFORMATION CONTACT: tubercles, each of which is grooved Steve Spangle, Field Supervisor, along the upper surface and contains about the species and provides criteria Arizona Ecological Services Field one to several extra floral nectaries and actions necessary for us to be able Office, at the above address and phone (places that secrete nectar to attract to reclassify the species to threatened number, or by email at Steve_Spangle@ pollinators) along each groove. The status or remove it from the List of fws.gov. flowers of C. scheeri var. robustispina Endangered and Threatened Plants (List) at 50 CFR 17.12(h). Recovery SUPPLEMENTARY INFORMATION: average 6.5 cm (2.6 in) long with pale yellow tepals (petals and sepals) that are plans help guide our recovery efforts by Background variously tinged with red pigments. describing actions we consider A primary goal of our endangered Flowers generally open early to mid- necessary for the species’ conservation, species program and the Act (16 U.S.C. July following summer rains. and by estimating time and costs for 1531 et seq.) is endangered or Coryphantha scheeri var. robustispina implementing needed recovery threatened animals and plants recovery occurs within two subbasins of the measures. To achieve its goals, this draft to the point that they are again secure, Santa Cruz Watershed: Brawley Wash recovery plan identifies the following self-sustaining ecosystem members. and the Upper Santa Cruz. These objectives: Recovery means improving the listed subbasins face largely differing threats 1. Threat-based objective: Reduce or species’ status to the point that listing and stressors and are managed in mitigate habitat loss and degradation, is no longer appropriate under the Act’s differing ways. The major threats within non-native species spread and the section 4(a)(1) criteria. The Act requires Brawley Wash, which is managed resultant altered fire regimes and recovery plans for listed species, unless primarily for livestock grazing, include increased competition, and other such a plan would not promote the spread of invasive, non-native stressors, to enhance the continued conserving a particular species. grasses and the resultant altered fire survival of C. scheeri var. robustispina regimes and increased competition. A and its pollinators. Species History major threat within Upper Santa Cruz, 2. Habitat-based objective: Conserve, Coryphantha scheeri var. robustispina which includes Tucson, Nogales, and restore, and properly manage the (Pima pineapple cactus) is found in the urban areas between, is quantity and quality of habitat needed

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for the continued survival of C. scheeri personal identifying information—may Statement are available for inspection at var. robustispina and its pollinators. be made publicly available at any time. the Department of Justice’s Web site at 3. Population-based objective: While you can ask us in your comment http://www.justice.gov/atr and at the Conserve, protect, and restore existing to withhold your personal identifying Office of the Clerk of the United States and newly discovered C. scheeri var. information from public review, we District Court for the District of robustispina individuals and their cannot guarantee that we will be able to Columbia. Copies of these materials may associated seedbanks needed for the do so. be obtained from the Antitrust Division continued survival of the taxon. The Comments and materials we receive upon request and payment of the population must be self-sustaining, of will be available, by appointment, for copying fee set by Department of Justice sufficient number to endure climatic public inspection during normal regulations. variation, stochastic events, and business hours at our office (see Public comment is invited within 60 catastrophic losses, and must represent ADDRESSES). days of the date of this notice. Such the full range of the species’ geographic References Cited comments, including the name of the and genetic variability. submitter, and responses thereto, will be The draft recovery plan focuses on A complete list of all references cited posted on the Antitrust Division’s Web conserving and enhancing habitat herein is available upon request from site, filed with the Court, and, under quality, protecting the population, the Arizona Ecological Services Office certain circumstances, published in the managing threats, monitoring progress, (see FOR FURTHER INFORMATION CONTACT). Federal Register. Comments should be and building partnerships to facilitate Authority directed to Kathleen S. O’Neill, Chief, recovery. When the recovery of C. Transportation, Energy & Agriculture We developed our draft recovery plan scheeri var. robustispina approaches Section, Antitrust Division, Department under the authority of section 4(f) of the these criteria, we will review the of Justice, 450 Fifth Street NW., Suite Act, 16 U.S.C. 1533(f). We publish this species’ status and consider 8000, Washington, DC 20530. downlisting, and, ultimately, removal notice under section 4(f) Endangered from the List. Species Act of 1973, as amended (16 Patricia A. Brink, U.S.C. 1531 et seq.). Director of Civil Enforcement. Request for Public Comments Dated: December 15, 2016. United States District Court for the Section 4(f) of the Act requires us to Benjamin N. Tuggle, District of Columbia provide public notice and an Regional Director, Southwest Region, U.S. opportunity for public review and Fish and Wildlife Service. United States of America, U.S. Department comment during recovery plan of Justice, Antitrust Division, 450 5th Street development. It is also our policy to Editorial Note: The Office of the Federal NW., Suite 8000, Washington DC 20001, Register received this document on June 21, Plaintiff, v. General Electric Co., 41 request peer review of recovery plans 2017. Farnsworth Street, Boston MA 02210, and (July 1, 1994; 59 FR 34270). In an [FR Doc. 2017–13309 Filed 6–23–17; 8:45 am] Baker Hughes Incorporated, 2929 Allen appendix to the approved recovery plan, Parkway, Suite 2100, Houston TX 77019, we will summarize and respond to the BILLING CODE 4333–15–P Defendants. issues raised by the public and peer Case No.: 1:17–cv–01146 reviewers. Substantive comments may Judge: Beryl A. Howell or may not result in changes to the DEPARTMENT OF JUSTICE COMPLAINT recovery plan; comments regarding Antitrust Division recovery plan implementation will be The United States of America, acting forwarded as appropriate to Federal or United States v. General Electric Co., under the direction of the Attorney other entities so that they can be taken et al., Proposed Final Judgment and General of the United States, brings this into account during the course of Competitive Impact Statement civil action to enjoin the acquisition of implementing recovery actions. Baker Hughes Incorporated (‘‘Baker Responses to individual commenters Notice is hereby given pursuant to the Hughes’’) by General Electric Co. (‘‘GE’’) will not be provided, but we will Antitrust Procedures and Penalties Act, and to obtain other equitable relief. The provide a summary of how we 15 U.S.C. 16(b)–(h), that a proposed United States alleges as follows: Final Judgment, Stipulation and addressed substantive comments in an I. NATURE OF THE ACTION appendix to the approved recovery plan. Competitive Impact Statement have We invite written comments on the been filed with the United States 1. GE’s acquisition of Baker Hughes draft recovery plan. In particular, we are District Court for the District of would combine two of the leading interested in additional information Columbia in United States of America v. providers of refinery process chemicals regarding the current threats to the General Electric Co., et al., Civil Action and services in the United States. species and the costs associated with No. 1:17–cv–1146. On June 12, 2017, the Refineries process crude oil and natural implementing the recommended United States filed a Complaint alleging gas extracted from wells recovery actions. that the proposed acquisition by General (‘‘hydrocarbons’’) into finished products Before we approve our final recovery Electric Co. of Baker Hughes like gasoline. To perform this process, plan, we will consider all comments we Incorporated, would violate Section 7 of refineries rely on a variety of special receive by the date specified in DATES. the Clayton Act, 15 U.S.C. 18. The chemicals, collectively known as Methods of submitting comments are in proposed Final Judgment, filed the same refinery process chemicals, to remove ADDRESSES. time as the Complaint, requires General salts, solids, metals, and other Electric Co. to sell its GE Water & impurities from the hydrocarbons and to Public Availability of Comments Process Technologies business, prevent corrosion and damage to Before including your address, phone including certain tangible and refinery equipment. Refineries rely on number, email address, or other intangible assets, to one or more process chemical and service providers personal identifying information in your acquirers approved by the United States. to evaluate the specific hydrocarbons comment, you should be aware that Copies of the Complaint, proposed flowing into their refineries and to your entire comment—including your Final Judgment, and Competitive Impact formulate and apply customized

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chemical solutions to ensure the safe violating Section 7 of the Clayton Act, V. LIKELY ANTICOMPETITIVE and efficient processing of those 15 U.S.C. 18. EFFECTS hydrocarbons. To develop the chemical 9. Defendants provide refinery 13. The relevant market is highly solutions needed to address current and process chemicals and services in the concentrated and would become more future challenges, these service flow of interstate commerce, and their concentrated as a result of the providers maintain dedicated research provision of refinery process chemicals Transaction. GE’s share of the refinery and development facilities. and services substantially affects process chemicals and services market 2. Failures can be costly. If the interstate commerce. The Court has in the United States is approximately refinery process chemical and service subject matter jurisdiction over this 20% while Baker Hughes’s is provider selects the wrong chemicals or action pursuant to Section 15 of the approximately 35%. fails to provide adequate and timely Clayton Act, 15 U.S.C. 25, and 28 U.S.C. 14. Concentration in relevant markets service, the result may be millions of 1331, 1337(a), and 1345. is typically measured by the Herfindahl- dollars in lost production or damage to Hirschman Index (‘‘HHI’’).1 Market the refinery’s equipment. For these 10. Defendants have consented to concentration is one useful indicator of reasons, oil and gas refiners choose a venue and personal jurisdiction in the the likely competitive effects of a provider based on a number of factors District of Columbia for the purpose of merger. The more concentrated a market that include not just pricing but the this matter. Venue is therefore proper in and the more a transaction would provider’s experience, ability to offer this district under Section 12 of the increase concentration in a market, the timely and high-quality service, and Clayton Act, 15 U.S.C. 22 and 28 U.S.C. more likely it is that a transaction would research and development capabilities. 1391(b) and (c). result in a meaningful reduction in 3. GE and Baker Hughes vigorously IV. RELEVANT MARKET compete to win the business of oil and competition. Markets in which the HHI gas refiners. If the transaction is allowed 11. The provision of refinery process is above 2,500 points are considered to proceed, this competition will be lost, chemicals and services is a relevant highly concentrated. Transactions that and the merged firm will control over product market and line of commerce increase the HHI by more than 200 50% of the market, leading to higher under Section 7 of the Clayton Act. Oil points in highly concentrated markets prices, reduced service quality, and and gas refiners have no reasonable are presumed likely to enhance market diminished innovation. substitutes for refinery process power. 4. Accordingly, as alleged more chemicals and services. Because oil and 15. The refinery process chemicals specifically below, the acquisition, if gas refiners have no reasonable and services market in the United States consummated, would likely alternatives to refinery process currently is highly concentrated, with substantially lessen competition in chemicals and services, few, if any, an HHI over 2,900. The Transaction violation of Section 7 of the Clayton would substitute to other products in would increase the HHI by about 1,450, Act, 15 U.S.C. § 18, and should be response to a price increase. rendering the Transaction enjoined. presumptively anticompetitive. Fed. 12. Oil and gas refiners choose from Trade Comm’n & U.S. Dep’t of Justice II. DEFENDANTS AND THE those suppliers that have service staff Horizontal Merger Guidelines (2010). TRANSACTION and support infrastructure in their local 16. Defendants are two of a few firms 5. Defendant GE is a New York area. GE and Baker Hughes have such that have the technical capabilities and corporation headquartered in Boston, infrastructure and compete with one expertise to provide refinery process Massachusetts. GE is a large, diversified another for customers in local areas chemicals and services in the United corporation that, among other lines of throughout the United States. One well- States. Defendants vigorously compete business, supplies the oil and gas accepted methodology for assessing on price, service quality, and product industry with refinery process whether a group of products and development, and customers have chemicals and services through its GE services sold in a particular area benefitted from this competition. Water & Process Technologies business constitutes a relevant market under the 17. The Transaction would eliminate unit. GE generated $16 billion in Clayton Act is to ask whether a the competition between Defendants to revenues from oil- and gas-related hypothetical monopolist over all the provide refinery process chemicals and products and services in 2015. products sold in the area would raise services in the United States. After the 6. Defendant Baker Hughes is a prices for a non-transitory period by a Transaction, GE would gain the Delaware corporation headquartered in small but significant amount, or incentive and ability to raise its bid Houston, Texas. Baker Hughes supplies whether enough customers would prices significantly above competitive the oil and gas industry with refinery switch to other products or services or levels, reduce its investment in research process chemicals and services through purchase outside the area such that the price increase would be unprofitable. its Downstream Chemicals business, 1 See U.S. Dep’t of Justice and Federal Trade which is part of Baker Hughes’s Fed. Trade Comm’n & U.S. Dep’t of Commission, Horizontal Merger Guidelines § 5.3 Chemicals and Industrial Services Justice Horizontal Merger Guidelines (2010), available at http://www.justice.gov/atr/ organization. Baker Hughes’s 2015 (2010). A hypothetical monopolist of public/guidelines/hmg-2010.html. The HHI is refinery process chemicals and services calculated by squaring the market share of each firm revenues were $15.7 billion. competing in the market and then summing the 7. Pursuant to a Transaction in the United States likely would resulting numbers. For example, for a market Agreement and Plan of Merger dated impose at least a small but significant consisting of four firms with shares of 30, 30, 20, price increase because few if any and 20 percent, the HHI is 2,600 (302 + 302 + 202 October 30, 2016 (‘‘Transaction’’), GE 2 customers would substitute to + 20 = 2,600). The HHI takes into account the will acquire Baker Hughes. relative size distribution of the firms in a market. purchasing other products or to It approaches zero when a market is occupied by III. JURISDICTION AND VENUE purchasing outside the United States. a large number of firms of relatively equal size and 8. The United States brings this action Therefore, the provision of refinery reaches its maximum of 10,000 points when a process chemicals and services in the market is controlled by a single firm. The HHI pursuant to Section 15 of the Clayton increases both as the number of firms in the market Act, as amended, 15 U.S.C. 25, to United States is a relevant market under decreases and as the disparity in size between those prevent and restrain Defendants from Section 7 of the Clayton Act. firms increases.

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and development, and provide lower proposed acquisition by GE of Baker And whereas, the United States levels of service. Hughes or from entering into or carrying requires Defendants to make certain out any contract, agreement, plan, or divestitures for the purpose of VI. ABSENCE OF COUNTERVAILING understanding, the effect of which remedying the loss of competition FACTORS would be to combine GE and Baker alleged in the Complaint; 18. Entry by a new provider of Hughes; And whereas, Defendants have refinery process chemicals and services (c) Award the United States its costs represented to the United States that the or expansion of existing marginal for this action; and divestitures required below can and will providers would not be timely, likely, (d) Award the United States such be made and that Defendants will later and sufficient to prevent the substantial other and further relief as the Court raise no claim of hardship or difficulty lessening of competition caused by the deems just and proper. as grounds for asking the Court to elimination of Baker Hughes as an Dated: June 12, 2017 modify any of the divestiture provisions independent competitor. Respectfully submitted, contained below; 19. Successful entry into the FOR PLAINTIFF UNITED STATES: Now therefore, before any testimony provision of refinery process chemicals /s/ lllllllllllllllllll is taken, without trial or adjudication of and services in the United States is Andrew C. Finch, any issue of fact or law, and upon difficult, costly, and time consuming. Acting Assistant Attorney General consent of the parties, it is ordered, An entrant would need to develop local /s/ lllllllllllllllllll adjudged and decreed: infrastructure, a full line of chemicals Patricia A. Brink, designed for refineries, and a track Director of Civil Enforcement I. Jurisdiction record of successfully treating the /s/ lllllllllllllllllll This Court has jurisdiction over the products processed by refineries. Kathleen S. O’Neill, subject matter of and each of the parties Because of the significant investment oil Chief, Transportation, Energy & Agriculture to this action. The Complaint states a and gas refiners make in acquiring Section claim upon which relief may be granted hydrocarbons to process and the high /s/ lllllllllllllllllll against Defendants under Section 7 of costs of any problem or delay, refinery Robert Lepore, the Clayton Act, as amended (15 U.S.C. oil and gas refiners are unlikely to Assistant Chief, Transportation, Energy & 18). switch away from established providers, Agriculture Section making it difficult for new refinery /s/ lllllllllllllllllll II. Definitions process chemical and service providers Tracy Fisher As used in this Final Judgment: Tracey Chambers to enter the market. A. ‘‘Acquirer’’ means Suez or another 20. Defendants cannot demonstrate Jeremy Evans (DC Bar # 478097) Chinita Sinkler entity to whom Defendants divest any of cognizable and merger-specific Trial Attorneys the Divestiture Assets or with whom efficiencies that would be sufficient to U.S. Department of Justice, Antitrust Defendants have entered into definitive offset the Transaction’s anticompetitive Division, Transportation, Energy & contracts to sell any of the Divestiture effects. Agriculture Section, 450 5th Street NW., Assets. VII. VIOLATION ALLEGED Suite 8000, Washington, DC 20530, (202) B. ‘‘GE’’ means defendant General 616–1650, [email protected]. Electric Co., a New York corporation 21. The effect of the Transaction, if with its headquarters in Boston, consummated, would likely be to lessen United States District Court District of Massachusetts, its successors and substantially competition for refinery Columbia assigns, and its subsidiaries, divisions, process chemicals and services in the United States of America, Plaintiff, v. groups, affiliates, partnerships and joint United States in violation of Section 7 General Electric Co. and Baker Hughes ventures, and their directors, officers, of the Clayton Act, 15 U.S.C. § 18. Incorporated, Defendants. managers, agents, and employees. Unless restrained, the Transaction Case No.: 1:17–cv–01146 C. ‘‘Baker Hughes’’ means defendant would likely have the following effects, Judge: Beryl A. Howell Baker Hughes Incorporated, a Delaware among others: FINAL JUDGMENT (a) Competition in the market for corporation with its headquarters in refinery process chemicals and services Whereas, Plaintiff, United States of Houston, Texas, its successors and in the United States would be America, filed its Complaint on June 12, assigns, and its subsidiaries, divisions, substantially lessened; 2017, the United States and Defendants, groups, affiliates, partnerships and joint (b) prices for refinery process General Electric Co. and Baker Hughes ventures, and their directors, officers, chemicals and services in the United Incorporated, by their respective managers, agents, and employees. States would increase; attorneys, have consented to the entry of D. ‘‘Suez’’ means SUEZ, a French (c) the quality of refinery process this Final Judgment without trial or socie´te´ anonyme with its headquarters chemicals and services in the United adjudication of any issue of fact or law in Paris, France, its successors and States would decrease; and and without this Final Judgment assigns, and its subsidiaries, divisions, (d) innovation in the refinery process constituting any evidence against or groups, affiliates, partnerships and joint chemicals and services market in the admission by any party regarding any ventures, and their directors, officers, United States would diminish. issue of fact or law; managers, agents, and employees. Suez And whereas, Defendants agree to be is the proposed purchaser of the VIII. REQUESTED RELIEF bound by the provisions of this Final Divestiture Assets as identified by GE. 22. The United States requests that Judgment pending its approval by the E. ‘‘GE Water & Process Technologies’’ this Court: Court; means the GE Water & Process (a) Adjudge GE’s proposed acquisition And whereas, the essence of this Final Technologies business unit of GE as it of Baker Hughes to violate Section 7 of Judgment is the prompt and certain operated prior to the filing of the the Clayton Act, 15 U.S.C. § 18; divestiture of certain rights or assets by Complaint in this matter, including but (b) Permanently enjoin and restrain Defendants to assure that competition is not limited to the entities listed in the Defendants from consummating the not substantially lessened; Appendix.

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F. ‘‘Divestiture Assets’’ means all the names, and trade secrets owned by GE purchase of the Divestiture Assets that assets of GE Water & Process or that GE has the right to license and they are being divested pursuant to this Technologies, including: used by the GE Water & Process Final Judgment and provide that person 1. All tangible assets that comprise Technologies business at any time with a copy of this Final Judgment. the GE Water & Process Technologies during the period that the GE Water & D. In accomplishing the divestiture business, including but not limited to Process Technologies business has been ordered by this Final Judgment, all worldwide manufacturing plants; owned by GE. Such license (except for Defendants shall offer to furnish to all service centers; labs; warehouse and any license for trademarks, trade names, prospective Acquirers, subject to distribution facilities; offices; the global service marks, and service names customary confidentiality assurances, headquarters located in Trevose, containing the names ‘‘GE’’ or ‘‘General all information and documents relating Pennsylvania; all global research and Electric’’) shall be perpetual and shall to the Divestiture Assets customarily development facilities; manufacturing grant the Acquirer the right to make, provided in a due diligence process equipment; tooling and fixed assets; have made, use, sell or offer for sale, except such information or documents personal property; inventory; office copy, create derivative works, modify, subject to the attorney-client privileges furniture; materials; supplies; other improve, display, perform, and enhance or work-product doctrine. Defendants property; all licenses, permits and the licensed intangible assets. Any shall make available such information to authorizations issued by any improvements or modifications to these the United States at the same time that governmental organization relating to intangible assets developed by the such information is made available to GE Water & Process Technologies; Acquirer shall be owned solely by that any other person. assignment and/or transfer of all Acquirer. E. Defendants shall provide the contracts, agreements (including supply Acquirer and the United States agreements), leases, commitments, III. Applicability information relating to the personnel certifications, and understandings A. This Final Judgment applies to GE employed by the Divestiture Assets to exclusively relating to GE Water & and Baker Hughes, as defined above, enable the Acquirer(s) to make offers of Process Technologies; all customer lists, and all other persons in active concert employment. Defendants will not contracts, accounts, credit records; all or participation with any of them who interfere with any negotiations by the other business and administrative receive actual notice of this Final Acquirer(s) to employ any defendant records; and all other assets used Judgment by personal service or employee whose primary responsibility exclusively by GE Water & Process otherwise. is related to the production, operation, Technologies; B. If, prior to complying with Section development or sale of products and 2. The following intangible assets: IV and Section V of this Final Judgment, services by GE Water & Process (a) all intangible assets owned, Defendants sell or otherwise dispose of Technologies. licensed, controlled, or used primarily all or substantially all of their assets or F. Defendants shall permit the by the GE Water & Process Technologies of lesser business units that include the prospective Acquirer of the Divestiture business, including but not limited to Divestiture Assets, they shall require the Assets to have reasonable access to all patents, licenses and sublicenses, purchaser to be bound by the provisions personnel and to make inspections of intellectual property, copyrights, of this Final Judgment. Defendants need the physical facilities of GE Water & trademarks, trade names, service marks, not obtain such an agreement from the Process Technologies; access to any and service names (excluding any acquirers of the assets divested pursuant all environmental, zoning, and other trademark, trade name, service mark, or to this Final Judgment. permit documents and information; and service name containing the GE access to any and all financial, IV. Divestitures monogram or the names ‘‘GE’’ or operational, or other documents and ‘‘General Electric’’), technical A. Defendants are ordered and information customarily provided as information, computer software and directed, within 90 calendar days after part of a due diligence process. related documentation, know-how, the signing of the Hold Separate G. Defendants shall warrant to the trade secrets, drawings, blueprints, Stipulation and Order in this matter, or Acquirer that each asset will be designs, design protocols, specifications five (5) calendar days after notice of the operational on the date of sale. for materials, specifications for parts entry of the Final Judgment by the H. Defendants shall not take any and devices, safety procedures for the Court, whichever is later, to divest the action that will impede in any way the handling of materials and substances, Divestiture Assets in a manner permitting, operation, or divestiture of quality assurance and control consistent with this Final Judgment to the Divestiture Assets. procedures, design tools and simulation an Acquirer acceptable to the United I. Defendants shall warrant to the capability, all manuals and technical States, in its sole discretion. The United Acquirer (1) that there are no material information provided by GE Water & States, in its sole discretion, may agree defects in the environmental, zoning or Process Technologies to its own to one or more extensions of this time other permits pertaining to the employees, customers, suppliers, agents, period, not to exceed 90 calendar days operation of each asset and (2) that, or licensees, and all research data in total, and shall notify the Court in following the sale of the Divestiture concerning historic and current research such circumstances. Defendants agree to Assets, Defendants will not undertake, and development efforts relating to the use their best efforts to divest the directly or indirectly, any challenges to Divestiture Assets, including but not Divestiture Assets as expeditiously as the environmental, zoning, or other limited to designs of experiments and possible. permits relating to the operation of the the results of successful and B. In the event Defendants are Divestiture Assets. unsuccessful designs and experiments; divesting the Divestiture Assets to an J. Unless the United States otherwise and Acquirer other than Suez, Defendants consents in writing, the divestiture (b) a worldwide, non-exclusive, shall promptly make known, by usual pursuant to Section IV, or by a royalty-free license to all intellectual and customary means, the availability of Divestiture Trustee appointed pursuant property, including but not limited to the Divestiture Assets to be divested. to Section V, of this Final Judgment, all patents, copyrights, trademarks, C. Defendants shall inform any person shall include the entire Divestiture trade names, service marks, service making an inquiry regarding a possible Assets and shall be accomplished in

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such a way as to satisfy the United approves including confidentiality relevant to such business as the States, in its sole discretion, that the requirements and conflict of interest Divestiture Trustee may reasonably Divestiture Assets can and will be used certifications. request, subject to reasonable protection by the Acquirer(s) as part of a viable, C. Defendants shall not object to a sale for trade secret or other confidential ongoing business providing refinery by the Divestiture Trustee on any research, development, or commercial process chemicals and services. The ground other than the Divestiture information or any applicable divestitures, whether pursuant to Trustee’s malfeasance. Any such privileges. Defendants shall take no Section IV or Section V of this Final objections by Defendants must be action to interfere with or to impede the Judgment, conveyed in writing to the United States Divestiture Trustee’s accomplishment of and the Divestiture Trustee within ten (1) shall be made to an Acquirer that, in the divestiture. the United States’ sole judgment, has the (10) calendar days after the Divestiture F. After its appointment, the intent and capability (including the Trustee has provided the notice Divestiture Trustee shall file monthly necessary managerial, operational, technical required under Section VI. reports with the United States and, as and financial capability) of competing D. The Divestiture Trustee shall serve appropriate, the Court setting forth the effectively in the provision of refinery at the cost and expense of Defendants Divestiture Trustee’s efforts to process chemicals and services; and pursuant to a written agreement, on accomplish the divestiture ordered (2) shall be accomplished so as to satisfy such terms and conditions as the United under this Final Judgment. To the extent the United States, in its sole discretion, that States approves including such reports contain information that none of the terms of any agreement between confidentiality requirements and the Divestiture Trustee deems an Acquirer and Defendants give Defendants conflict of interest certifications. The confidential, such reports shall not be the ability unreasonably to raise the Divestiture Trustee shall account for all Acquirer’s costs, to lower the Acquirer’s filed in the public docket of the Court. efficiency, or otherwise to interfere in the monies derived from the sale of the Such reports shall include the name, ability of the Acquirer to compete effectively. assets sold by the Divestiture Trustee address, and telephone number of each and all costs and expenses so incurred. person who, during the preceding Any questions that arise concerning After approval by the Court of the month, made an offer to acquire, whether particular assets are Divestiture Trustee’s accounting, expressed an interest in acquiring, appropriately considered Divestiture including fees for its services yet unpaid entered into negotiations to acquire, or Assets subject to Section IV shall be and those of any professionals and was contacted or made an inquiry about resolved by the United States, in its sole agents retained by the Divestiture acquiring, any interest in the Divestiture discretion, consistent with the terms of Trustee, all remaining money shall be Assets, and shall describe in detail each this Final Judgment. paid to Defendants and the trust shall contact with any such person. The V. Appointment of Divestiture Trustee then be terminated. The compensation Divestiture Trustee shall maintain full of the Divestiture Trustee and any records of all efforts made to divest the A. If Defendants have not divested the professionals and agents retained by the Divestiture Assets. Divestiture Assets within the time Divestiture Trustee shall be reasonable G. If the Divestiture Trustee has not period specified in Section IV.A, in light of the value of the Divestiture accomplished the divestiture ordered Defendants shall notify the United Assets and based on a fee arrangement under this Final Judgment within six States of that fact in writing. Upon providing the Divestiture Trustee with months after its appointment, the application of the United States, the an incentive based on the price and Divestiture Trustee shall promptly file Court shall appoint a Divestiture terms of the divestiture and the speed with the Court a report setting forth (1) Trustee selected by the United States with which it is accomplished, but the Divestiture Trustee’s efforts to and approved by the Court to effect the timeliness is paramount. If the accomplish the required divestiture, (2) divestiture of the Divestiture Assets. Divestiture Trustee and Defendants are the reasons, in the Divestiture Trustee’s B. After the appointment of a unable to reach agreement on the judgment, why the required divestiture Divestiture Trustee becomes effective, Divestiture Trustee’s or any agents’ or has not been accomplished, and (3) the only the Divestiture Trustee shall have consultants’ compensation or other Divestiture Trustee’s recommendations. the right to sell the Divestiture Assets. terms and conditions of engagement To the extent such reports contains The Divestiture Trustee shall have the within 14 calendar days of appointment information that the Divestiture Trustee power and authority to accomplish the of the Divestiture Trustee, the United deems confidential, such reports shall divestiture to an Acquirer(s) acceptable States may, in its sole discretion, take not be filed in the public docket of the to the United States at such price and appropriate action, including making a Court. The Divestiture Trustee shall at on such terms as are then obtainable recommendation to the Court. The the same time furnish such report to the upon reasonable effort by the Divestiture Trustee shall, within three United States which shall have the right Divestiture Trustee, subject to the (3) business days of hiring any other to make additional recommendations provisions of Sections IV, V, and VI of professionals or agents, provide written consistent with the purpose of the trust. this Final Judgment, and shall have notice of such hiring and the rate of The Court thereafter shall enter such such other powers as this Court deems compensation to Defendants and the orders as it shall deem appropriate to appropriate. Subject to Section V.D of United States. carry out the purpose of the Final this Final Judgment, the Divestiture E. Defendants shall use their best Judgment, which may, if necessary, Trustee may hire at the cost and efforts to assist the Divestiture Trustee include extending the trust and the term expense of Defendants any investment in accomplishing the required of the Divestiture Trustee’s appointment bankers, attorneys, or other agents, who divestiture. The Divestiture Trustee and by a period requested by the United shall be solely accountable to the any consultants, accountants, attorneys, States. Divestiture Trustee, reasonably and other agents retained by the H. If the United States determines that necessary in the Divestiture Trustee’s Divestiture Trustee shall have full and the Divestiture Trustee has ceased to act judgment to assist in the divestiture. complete access to the personnel, books, or failed to act diligently or in a Any such investment bankers, attorneys, records, and facilities of the business to reasonably cost-effective manner, it may or other agents shall serve on such terms be divested, and Defendants shall recommend the Court appoint a and conditions as the United States develop financial and other information substitute Divestiture Trustee.

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VI. Notice of Proposed Divestiture VII. Financing efforts and actions outlined in Defendants’ earlier affidavits filed A. In the event Defendants are Defendants shall not finance all or any part of any purchase made pursuant pursuant to this section within fifteen divesting the Divestiture Assets to an (15) calendar days after the change is Acquirer other than Suez, within two (2) to Section IV or Section V of this Final Judgment. implemented. business days following execution of a C. Defendants shall keep all records of definitive divestiture agreement, VIII. Hold Separate all efforts made to preserve and divest Defendants or the Divestiture Trustee, Until the divestiture required by this the Divestiture Assets until one year whichever is then responsible for Final Judgment has been accomplished, after such divestiture has been effecting the divestiture required herein, Defendants shall take all steps necessary completed. shall notify the United States of any to comply with the Hold Separate X. Compliance Inspection proposed divestiture required by Stipulation and Order entered by this Section IV or Section V of this Final Court. Defendants shall take no action A. For the purposes of determining or Judgment. If the Divestiture Trustee is that would jeopardize the divestiture securing compliance with this Final responsible, it shall similarly notify ordered by this Court. Judgment, or of any related orders such Defendants. The notice shall set forth as any Hold Separate Stipulation and the details of the proposed divestiture IX. Affidavits Order, or of determining whether the and list the name, address, and A. Within twenty (20) calendar days Final Judgment should be modified or telephone number of each person not of the filing of the Complaint in this vacated, and subject to any legally previously identified who offered or matter, and every thirty (30) calendar recognized privilege, from time to time expressed an interest in or desire to days thereafter until the divestiture has authorized representatives of the United acquire any ownership interest in the been completed under Section IV or States Department of Justice, including Divestiture Assets, together with full Section V, Defendants shall deliver to consultants and other persons retained details of the same. the United States an affidavit as to the by the United States, shall, upon written request of an authorized representative B. Within fifteen (15) calendar days of fact and manner of its compliance with Section IV or Section V of this Final of the Assistant Attorney General in receipt by the United States of such charge of the Antitrust Division, and on notice, the United States may request Judgment. In the event Defendants are divesting the Divestiture Assets to an reasonable notice to Defendants, be from Defendants, the proposed permitted: Acquirer(s), any other third party, or the Acquirer other than Suez, each such Divestiture Trustee, if applicable, affidavit shall include the name, (1) access during Defendants’ office hours additional information concerning the address, and telephone number of each to inspect and copy, or at the option of the person who, during the preceding thirty United States, to require Defendants to proposed divestiture, the proposed provide hard copy or electronic copies of, all Acquirer(s), and any other potential (30) calendar days, made an offer to acquire, expressed an interest in books, ledgers, accounts, records, data, and Acquirer. Defendants and the documents in the possession, custody, or Divestiture Trustee shall furnish any acquiring, entered into negotiations to control of Defendants, relating to any matters additional information requested within acquire, or was contacted or made an contained in this Final Judgment; and fifteen (15) calendar days of the receipt inquiry about acquiring, any interest in (2) to interview, either informally or on the of the request, unless the parties shall the Divestiture Assets, and shall record, Defendants’ officers, employees, or otherwise agree. describe in detail each contact with any agents, who may have their individual such person during that period. In the counsel present, regarding such matters. The C. Within thirty (30) calendar days event Defendants are divesting the interviews shall be subject to the reasonable after receipt of the notice or within Divestiture Assets to an Acquirer other convenience of the interviewee and without twenty (20) calendar days after the than Suez, each such affidavit shall also restraint or interference by Defendants. United States has been provided the include a description of the efforts B. Upon the written request of an additional information requested from Defendants have taken to solicit buyers authorized representative of the Defendants, the proposed Acquirer(s), for the Divestiture Assets, and to Assistant Attorney General in charge of any third party, and the Divestiture provide required information to the Antitrust Division, Defendants shall Trustee, whichever is later, the United prospective Acquirers, including the submit written reports or response to States shall provide written notice to limitations, if any, on such information. written interrogatories, under oath if Defendants and the Divestiture Trustee, Assuming the information set forth in requested, relating to any of the matters if there is one, stating whether or not it the affidavit is true and complete, any contained in this Final Judgment as may objects to the proposed divestiture. If objection by the United States to be requested. the United States provides written information provided by Defendants, C. No information or documents notice that it does not object, the including limitation on information, obtained by the means provided in this divestiture may be consummated, shall be made within fourteen (14) section shall be divulged by the United subject only to Defendants’ limited right calendar days of receipt of such States to any person other than an to object to the sale under Section V.C affidavit. authorized representative of the of this Final Judgment. Absent written B. Within twenty (20) calendar days executive branch of the United States, notice that the United States does not of the filing of the Complaint in this except in the course of legal proceedings object to the proposed Acquirer(s) or matter, Defendants shall deliver to the to which the United States is a party upon objection by the United States, a United States an affidavit that describes (including grand jury proceedings), or divestiture proposed under Section IV in reasonable detail all actions for the purpose of securing compliance or Section V shall not be consummated. Defendants have taken and all steps with this Final Judgment, or as Upon objection by Defendants under Defendants have implemented on an otherwise required by law. Section V.C, a divestiture proposed ongoing basis to comply with Section D. If at the time information or under Section V shall not be VIII of this Final Judgment. Defendants documents are furnished by Defendants consummated unless approved by the shall deliver to the United States an to the United States, Defendants Court. affidavit describing any changes to the represent and identify in writing the

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material in any such information or GE Power Controls Portugal Unipessoal LDA of the Clayton Act, 15 U.S.C. 18, documents to which a claim of (Portugal) resulting in higher prices, reduced protection may be asserted under Rule GE Water & Process Technologies (Wuxi) Co. service quality, and diminished 26(c)(1)(g) of the Federal Rules of Civil Ltd. (China) innovation. GE Water & Process Technologies Asia Pte. Procedure, and Defendants mark each Ltd. (Singapore) At the same time the Complaint was pertinent page of such material, GE Water & Process Technologies Austria filed, the United States also filed a ‘‘Subject to claim of protection under GmbH (Austria) proposed Final Judgment and a Hold Rule 26(c)(1)(g) of the Federal Rules of GE Water & Process Technologies BVBA Separate Stipulation and Order (‘‘Hold Civil Procedure,’’ then the United States (Belgium) Separate’’) that are designed to shall give Defendants ten (10) calendar GE Water & Process Technologies France eliminate the anticompetitive effects of days notice prior to divulging such SAS (France) the Transaction. Under the proposed material in any legal proceeding (other GE Water & Process Technologies GmbH Final Judgment, which is explained (Germany) than a grand jury proceeding). GE Water & Process Technologies Hungary more fully below, GE is required to divest its GE Water & Process XI. No Reacquisition KFT (Hungary) GE Water & Process Technologies Mexico, S. Technologies business unit. Under the Defendants may not reacquire any de R.L de C.V. (Mexico) terms of the Hold Separate, GE will take part of the Divestiture Assets during the GE Water & Process Technologies Middle certain steps during the pendency of the term of this Final Judgment. East FZE (Dubai) ordered divestiture to ensure that GE GE Water & Process Technologies XII. Retention of Jurisdiction Water & Process Technologies is Netherlands BV (NL) operated as a competitively General Electric Water & Process This Court retains jurisdiction to independent, economically viable, and enable any party to this Final Judgment Technologies Caribbean Holdings BV (Netherlands Antilles) ongoing business concern. to apply to this Court at any time for Ionics Iberica S.L.U. (Spain) The United States and Defendants further orders and directions as may be Water & Process Technologies SRL have stipulated that the proposed Final necessary or appropriate to carry out or (Argentina) Judgment may be entered after construe this Final Judgment, to modify Zenon Services Limited (Virgin Islands) compliance with the APPA. Entry of the any of its provisions, to enforce Zenon Systems Manufacturing and Services proposed Final Judgment would compliance, and to punish violations of Limited Liability Company (Hungary) terminate this action, except that the its provisions. United States District Court Court would retain jurisdiction to construe, modify, or enforce the XIII. Expiration of Final Judgment for The District of Columbia provisions of the proposed Final Unless this Court grants an extension, United States of America, Plaintiff, v. Judgment and to punish violations this Final Judgment shall expire ten General Electric Co. and Baker Hughes thereof. years from the date of its entry. Incorporated, Defendants. II. DESCRIPTION OF THE EVENTS XIV. Public Interest Determination Case No.: 1:17–cv–01146 Judge: Beryl A. Howell GIVING RISE TO ALLEGED Entry of this Final Judgment is in the VIOLATION COMPETITIVE IMPACT STATEMENT public interest. The parties have A. The Defendants and the Proposed complied with the requirements of the Plaintiff United States of America Transaction Antitrust Procedures and Penalties Act, (‘‘United States’’), pursuant to Section 15 U.S.C. 16, including making copies 2(b) of the Antitrust Procedures and GE is a New York corporation available to the public of this Final Penalties Act (‘‘APPA’’ or ‘‘Tunney headquartered in Boston, Judgment, the Competitive Impact Act’’), 15 U.S.C. 16(b)–(h), files this Massachusetts. GE is a large, diversified Statement, and any comments thereon Competitive Impact Statement relating corporation that, among other lines of and the United States’ responses to to the proposed Final Judgment business, supplies the oil supplies the comments. Based upon the record submitted for entry in this civil antitrust oil and gas industry through a number before the Court, which includes the proceeding. of business units, including GE Water & Competitive Impact Statement and any Process Technologies, a standalone I. NATURE AND PURPOSE OF THE comments and response to comments business unit that sells refinery process PROCEEDING filed with the Court, entry of this Final chemicals and services. GE earned $16 Judgment is in the public interest. Defendant General Electric Co. (‘‘GE’’) billion in revenues from its oil and gas Date: llllllllllllllllll and Defendant Baker Hughes businesses in 2015. [Court approval subject to procedures of Incorporated (‘‘Baker Hughes’’) entered Baker Hughes is a Delaware Antitrust Procedures and Penalties Act, 15 into a Transaction Agreement and Plan corporation headquartered in Houston, U.S.C. 16] of Merger dated October 30, 2016 Texas, with extensive operations in the lllllllllllllllllllll (‘‘Transaction’’). GE and Baker Hughes oil and gas industry, including selling United States District Judge are two of the leading providers of refinery process chemicals and services. refinery process chemicals and services Baker Hughes earned $15.7 billion in Appendix used by oil and gas refineries to remove revenues in 2015. GE Betz, Inc. (US) impurities from the oil and gas and to The Transaction, as initially agreed to Chemical Water Treatment Investments SRL prevent damage to refinery equipment. by Defendants, would lessen (Argentina) The United States filed a civil competition substantially. GE Betz (UK) antitrust Complaint on June 12, 2017 GE Betz Ireland Limited (Ireland) seeking to enjoin the Transaction. The B. The Competitive Effects of the GE Betz South Africa Pty Ltd (South Africa) Transaction on Refinery Process GE Betz Pty Limited (Australia) and GE Betz Complaint alleges that the likely effect of the Transaction would be to lessen Chemicals and Services in the United Pty Limited (New Zealand Branch) States GE Infrastructure (Shanghai) Co. Ltd. (China) competition substantially for refinery GE Ionics Hamma Holdings (IRE) Ltd process chemicals and services in the The Complaint alleges that the (Ireland) United States in violation of Section 7 provision of refinery process chemicals

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and services is a line of commerce and its investment in research and The proposed Final Judgment also a relevant market within the meaning of development, and provide lower levels requires the transfer and licensing of Section 7 of the Clayton Act. Refineries of service. intangible assets, such as intellectual process crude oil and natural gas Entry by new refinery process property rights, sufficient to allow the extracted from wells (‘‘hydrocarbons’’) chemical and service providers or buyer to be an effective competitor. GE into finished products like gasoline. expansion by existing providers would must fully divest the complete portfolio Refineries rely on a variety of special not be timely, likely, and sufficient to of intellectual property used primarily chemicals, collectively known as prevent the substantial lessening of by GE Water & Process Technologies. GE refinery process chemicals, to remove competition caused by the Transaction. will keep intellectual property used salts, solids, metals, and other Successful entry into the refinery primarily by other GE business units in impurities from the hydrocarbons and to process chemicals and services business addition to GE Water & Process prevent corrosion and damage to is difficult, costly, and time consuming. Technologies, but will grant the buyer of refinery equipment. Refineries rely on In addition to local infrastructure, a new the divestiture assets a perpetual, process chemical and service providers refinery process chemicals and services royalty-free license for the use of such to evaluate the specific hydrocarbons provider would have to develop a technology. flowing into their refineries and to portfolio of production chemicals and B. Procedures formulate and apply customized hire experienced staff. In addition, chemical solutions to ensure the safe because of the significant investment oil The proposed Final Judgment requires and efficient processing of those and gas refiners make in infrastructure Defendants to sell the divestiture hydrocarbons. To develop the chemical and the high costs of any problem or package within 90 days after the Court solutions needed to address current and delay, refiners disfavor using new signs the Hold Separate in this matter, future challenges, these service providers and typically only switch subject to one or more extensions up to providers maintain dedicated research providers if their existing provider a total of 90 days by the United States. and development facilities. Although performs poorly over a long period of The proposed Final Judgment refinery process chemicals and services time. As a result, it is difficult and time contemplates the sale of the divestiture represent just a fraction of an oil and gas consuming for a new provider to enter assets to SUEZ, a French socie´te´ refiner’s overall cost of processing the market, develop a track record of anonyme, which GE has identified as hydrocarbons, using the wrong successful work, and grow its business. the proposed buyer of the divestiture chemicals can cost a refiner millions in assets. Suez provides water and III. EXPLANATION OF THE wastewater treatment and waste lost production or compromised PROPOSED FINAL JUDGMENT equipment. As a result, oil and gas management systems to customers refineries are unlikely to stop using The divestiture requirement of the throughout the world, and serves a refinery process chemicals or switch to proposed Final Judgment will eliminate range of industrial customers and other products in response to a small the anticompetitive effects of the municipalities in the United States. The but significant and non-transitory proposed transaction by establishing GE proposed Final Judgment also provides increase in price. Water & Process Technologies as an for a process to sell the divestiture Oil and gas refiners choose from those independent and economically viable assets to an alternative acquirer in the suppliers that have service staff and competitor in refinery process event that the proposed sale to Suez is support infrastructure in their local chemicals and services. The sale of GE not completed. area. GE and Baker Hughes have such Water & Process Technologies will The assets must be divested in such infrastructure, and compete with one provide the buyer of the divestiture a way as to satisfy the United States in another for customers, in areas assets with the necessary assets to its sole discretion that the operations throughout the United States. A maintain a significant presence in the can and will be operated by the hypothetical monopolist of refinery United States and remain an effective purchaser as a viable, ongoing business process chemicals and services in the competitor. that can compete effectively to provide refinery process chemicals and services. United States likely would impose at A. The Divestiture Package least a small but significant price Defendants must take all reasonable increase because few if any customers To ensure continued vigorous steps necessary to accomplish the would substitute to purchasing other competition, the proposed Final divestiture quickly and shall cooperate products or to purchasing outside the Judgment requires the divestiture of all with prospective purchasers. United States. Therefore, the United of the tangible and intangible assets of In the event that Defendants do not States is a relevant geographic market GE Water & Process Technologies that accomplish the divestiture within the under Section 7 of the Clayton Act for are currently used to serve customers. prescribed period, the proposed Final the provision of refinery process Under the proposed Final Judgment, the Judgment provides that upon chemicals and services. tangible assets of GE Water & Process application by the United States, the The market for the provision of Technologies that must be divested Court will appoint a trustee selected by refinery process chemicals and services include worldwide manufacturing the United States to effect the in the United States is highly plants, service centers, labs, warehouse divestiture. If a trustee is appointed, the concentrated and would become more and distribution facilities, and offices, proposed Final Judgment provides that concentrated as a result of the proposed including the business’s global Defendants will pay all of the trustee’s transaction. A combined GE and Baker headquarters located in Trevose, costs and expenses. The trustee will Hughes would control over 50% of the Pennsylvania. The transfer will also have the authority to divest the market for refinery process chemicals include all six global research and divestiture assets to an acquirer and services in the United States. The development facilities. This will ensure acceptable to the United States. The Transaction would eliminate significant that the acquirer of the divestiture assets trustee’s commission will be structured head-to-head competition between GE has the infrastructure necessary to so as to provide an incentive for the and Baker Hughes and give the merged continue providing refinery process trustee based on the price obtained and firm the incentive and ability to raise its chemicals and services to refiners and the speed with which the divestiture is prices above competitive levels, reduce compete for opportunities. accomplished. After his or her

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appointment becomes effective, the proposed Final Judgment at any time alternative remedies actually trustee will file monthly reports with prior to the Court’s entry of judgment. considered, whether its terms are the Court and the United States setting The comments and the response of the ambiguous, and any other competitive forth his or her efforts to accomplish the United States will be filed with the considerations bearing upon the divestiture. At the end of six (6) months, Court. In addition, comments will be adequacy of such judgment that the if the divestiture has not been posted on the U.S. Department of court deems necessary to a accomplished, the trustee and the Justice, Antitrust Division’s internet determination of whether the consent United States will make Web site and, under certain judgment is in the public interest; and recommendations to the Court, which circumstances, published in the Federal (B) the impact of entry of such shall enter such orders as appropriate, Register. judgment upon competition in the in order to carry out the purpose of the Written comments should be relevant market or markets, upon the trust, including extending the trust or submitted by mail to: public generally and individuals the term of the trustee’s appointment. Kathleen S. O’Neill, Chief, alleging specific injury from the The divestiture provisions of the Transportation, Energy & Agriculture violations set forth in the complaint proposed Final Judgment will eliminate Section, Antitrust Division, United including consideration of the public the anticompetitive effects of the States Department of Justice, 450 5th benefit, if any, to be derived from a acquisition in the provision of refinery Street NW., Suite 8000, Washington, DC determination of the issues at trial. process chemicals and services in the 20530 15 U.S.C. 16(e)(1)(A) & (B). In United States. considering these statutory factors, the The proposed Final Judgment provides court’s inquiry is necessarily a limited IV. REMEDIES AVAILABLE TO that the Court retains jurisdiction over one as the government is entitled to POTENTIAL PRIVATE LITIGANTS this action, and the parties may apply to ‘‘broad discretion to settle with the the Court for any order necessary or Section 4 of the Clayton Act, 15 defendant within the reaches of the appropriate for the modification, U.S.C. 15, provides that any person who public interest.’’ United States v. interpretation, or enforcement of the has been injured as a result of conduct Microsoft Corp., 56 F.3d 1448, 1461 Final Judgment. prohibited by the antitrust laws may (D.C. Cir. 1995); see generally United bring suit in federal court to recover VI. ALTERNATIVES TO THE States v. SBC Commc’ns, Inc., 489 F. three times the damages the person has PROPOSED FINAL JUDGMENT Supp. 2d 1 (D.D.C. 2007) (assessing suffered, as well as costs and reasonable public interest standard under the attorneys’ fees. Entry of the proposed The United States considered, as an alternative to the proposed Final Tunney Act); United States v, U.S. Final Judgment will neither impair nor Airways Group, Inc., 38 F. Supp. 3d 69, assist the bringing of any private Judgment, a full trial on the merits against Defendants. The United States 75 (D.D.C. 2014) (noting the court has antitrust damage action. Under the broad discretion of the adequacy of the provisions of Section 5(a) of the Clayton could have continued the litigation and sought preliminary and permanent relief at issue); United States v. InBev Act, 15 U.S.C. 16(a), the proposed Final N.V./S.A., No. 08–1965 (JR), 2009–2 Judgment has no prima facie effect in injunctions against the Transaction proposed by Defendants. The United Trade Cas. (CCH) ¶ 76,736, 2009 U.S. any subsequent private lawsuit that may Dist. LEXIS 84787, at *3, (D.D.C. Aug. be brought against Defendants. States is satisfied, however, that the divestiture of assets described in the 11, 2009) (noting that the court’s review V. PROCEDURES AVAILABLE FOR proposed Final Judgment will preserve of a consent judgment is limited and MODIFICATION OF THE PROPOSED competition for the provision of refinery only inquires ‘‘into whether the FINAL JUDGMENT process and water treatment chemicals government’s determination that the The United States and Defendants and services in the United States. Thus, proposed remedies will cure the have stipulated that the proposed Final the proposed Final Judgment would antitrust violations alleged in the Judgment may be entered by the Court achieve all or substantially all of the complaint was reasonable, and whether after compliance with the provisions of relief the United States would have the mechanism to enforce the final 2 the APPA, provided that the United obtained through litigation but avoids judgment are clear and manageable.’’). States has not withdrawn its consent. the time, expense, and uncertainty of a As the United States Court of Appeals The APPA conditions entry upon the full trial on the merits of the Complaint. for the District of Columbia Circuit has Court’s determination that the proposed held, under the APPA a court considers, VII. STANDARD OF REVIEW UNDER Final Judgment is in the public interest. among other things, the relationship The APPA provides a period of at THE APPA FOR THE PROPOSED between the remedy secured and the least sixty (60) days preceding the FINAL JUDGMENT specific allegations set forth in the effective date of the proposed Final The Clayton Act, as amended by the government’s complaint, whether the Judgment within which any person may APPA, requires that proposed consent decree is sufficiently clear, whether submit to the United States written judgments in antitrust cases brought by enforcement mechanisms are sufficient, comments regarding the proposed Final the United States be subject to a sixty- and whether the decree may positively Judgment. Any person who wishes to day comment period, after which the harm third parties. See Microsoft, 56 comment should do so within sixty (60) court shall determine whether entry of F.3d at 1458–62. With respect to the days of the date of publication of this the proposed Final Judgment ‘‘is in the adequacy of the relief secured by the Competitive Impact Statement in the public interest.’’ 15 U.S.C. 16(e)(1). In decree, a court may not ‘‘engage in an Federal Register, or the last date of making that determination, the court, in 2 The 2004 amendments substituted ‘‘shall’’ for publication in a newspaper of the accordance with the statute as amended ‘‘may’’ in directing relevant factors for court to summary of this Competitive Impact in 2004, is required to consider: consider and amended the list of factors to focus on Statement, whichever is later. All (A) the competitive impact of such competitive considerations and to address comments received during this period judgment, including termination of potentially ambiguous judgment terms. Compare 15 U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); will be considered by the United States alleged violations, provisions for see also SBC Commc’ns, 489 F. Supp. 2d at 11 Department of Justice, which remains enforcement and modification, duration (concluding that the 2004 amendments ‘‘effected free to withdraw its consent to the of relief sought, anticipated effects of minimal changes’’ to Tunney Act review).

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unrestricted evaluation of what relief range of acceptability or is ‘within the require the court to permit anyone to would best serve the public.’’ United reaches of public interest.’ ’’ United intervene.’’ 15 U.S.C. 16(e)(2); see also States v. BNS, Inc., 858 F.2d 456, 462 States v. Am. Tel. & Tel. Co., 552 F. U.S. Airways, 38 F. Supp. 3d at 75 (9th Cir. 1988) (quoting United States v. Supp. 131, 151 (D.D.C. 1982) (citations (indicating that a court is not required Bechtel Corp., 648 F.2d 660, 666 (9th omitted) (quoting United States v. to hold an evidentiary hearing or to Cir. 1981)); see also Microsoft, 56 F.3d Gillette Co., 406 F. Supp. 713, 716 (D. permit intervenors as part of its review at 1460–62; United States v. Alcoa, Inc., Mass. 1975)), aff’d sub nom. Maryland under the Tunney Act). The language 152 F. Supp. 2d 37, 40 (D.D.C. 2001); v. United States, 460 U.S. 1001 (1983); wrote into the statute what Congress InBev, 2009 U.S. Dist. LEXIS 84787, at see also U.S. Airways, 38 F. Supp. 3d at intended when it enacted the Tunney *3. Courts have held that: 74 (noting that room must be made for Act in 1974, as Senator Tunney [t]he balancing of competing social and the government to grant concessions in explained: ‘‘[t]he court is nowhere political interests affected by a proposed the negotiation process for settlements compelled to go to trial or to engage in antitrust consent decree must be left, in the (citing Microsoft, 56 F.3d at 1461); extended proceedings which might have first instance, to the discretion of the United States v. Alcan Aluminum Ltd., the effect of vitiating the benefits of Attorney General. The court’s role in 605 F. Supp. 619, 622 (W.D. Ky. 1985) prompt and less costly settlement protecting the public interest is one of (approving the consent decree even through the consent decree process.’’ insuring that the government has not though the court would have imposed a breached its duty to the public in consenting 119 Cong. Rec. 24,598 (1973) (statement to the decree. The court is required to greater remedy). To meet this standard, of Sen. Tunney). Rather, the procedure determine not whether a particular decree is the United States ‘‘need only provide a for the public interest determination is the one that will best serve society, but factual basis for concluding that the left to the discretion of the court, with whether the settlement is ‘‘within the reaches settlements are reasonably adequate the recognition that the court’s ‘‘scope of the public interest.’’ More elaborate remedies for the alleged harms.’’ SBC of review remains sharply proscribed by requirements might undermine the Commc’ns, 489 F. Supp. 2d at 17. precedent and the nature of Tunney Act effectiveness of antitrust enforcement by Moreover, the court’s role under the consent decree. proceedings.’’ SBC Commc’ns, 489 F. APPA is limited to reviewing the Supp. 2d at 11.4 A court can make its Bechtel, 648 F.2d at 666 (emphasis remedy in relationship to the violations public interest determination based on 3 added) (citations omitted). In that the United States has alleged in its the competitive impact statement and determining whether a proposed Complaint, and does not authorize the response to public comments alone. settlement is in the public interest, a court to ‘‘construct [its] own U.S. Airways, 38 F. Supp. 3d at 75. district court ‘‘must accord deference to hypothetical case and then evaluate the the government’s predictions about the decree against that case.’’ Microsoft, 56 VIII. DETERMINATIVE DOCUMENTS efficacy of its remedies, and may not F.3d at 1459; see also U.S. Airways, 38 There are no determinative materials require that the remedies perfectly F. Supp. 3d at 74 (noting that the court or documents within the meaning of the match the alleged violations.’’ SBC must simply determine whether there is APPA that were considered by the Commc’ns, 489 F. Supp. 2d at 17; see a factual foundation for the United States in formulating the also U.S. Airways, 38 F. Supp. 3d at 75 government’s decisions such that its proposed Final Judgment. (noting that a court should not reject the conclusions regarding the proposed Dated: June 12, 2017 proposed remedies because it believes settlements are reasonable; InBev, 2009 Respectfully submitted, others are preferable); Microsoft, 56 F.3d U.S. Dist. LEXIS 84787, at *20 (‘‘the /s/ lllllllllllllllllll at 1461 (noting the need for courts to be ‘public interest’ is not to be measured by Tracy Fisher ‘‘deferential to the government’s comparing the violations alleged in the Tracey Chambers predictions as to the effect of the complaint against those the court Jeremy Evans (DC Bar No. 478097) proposed remedies’’); United States v. believes could have, or even should Chinita Sinkler Archer-Daniels-Midland Co., 272 F. have, been alleged’’). Because the Trial Attorneys Supp. 2d 1, 6 (D.D.C. 2003) (noting that ‘‘court’s authority to review the decree U.S. Department of Justice, Antitrust the court should grant due respect to the depends entirely on the government’s Division, Transportation, Energy & United States’ prediction as to the effect exercising its prosecutorial discretion by Agriculture Section, 450 5th Street NW., Suite 8000, Washington DC 20530, of proposed remedies, its perception of bringing a case in the first place,’’ it Telephone: (202) 616–1650, tracy.fisher@ the market structure, and its views of follows that ‘‘the court is only usdoj.gov. the nature of the case). authorized to review the decree itself,’’ Courts have greater flexibility in and not to ‘‘effectively redraft the [FR Doc. 2017–13327 Filed 6–23–17; 8:45 am] approving proposed consent decrees complaint’’ to inquire into other matters BILLING CODE P than in crafting their own decrees that the United States did not pursue. 4 See United States v. Enova Corp., 107 F. Supp. following a finding of liability in a Microsoft, 56 F.3d at 1459–60. As this 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney litigated matter. ‘‘[A] proposed decree Court recently confirmed in SBC Act expressly allows the court to make its public must be approved even if it falls short Communications, courts ‘‘cannot look interest determination on the basis of the of the remedy the court would impose beyond the complaint in making the competitive impact statement and response to public interest determination unless the comments alone’’); United States v. Mid-Am. on its own, as long as it falls within the Dairymen, Inc., No. 73–CV–681–W–1, 1977–1 Trade complaint is drafted so narrowly as to Cas. (CCH) ¶ 61,508, at 71,980, *22 (W.D. Mo. 1977) 3 Cf. BNS, 858 F.2d at 464 (holding that the make a mockery of judicial power.’’ SBC (‘‘Absent a showing of corrupt failure of the court’s ‘‘ultimate authority under the [APPA] is Commc’ns, 489 F. Supp. 2d at 15. government to discharge its duty, the Court, in limited to approving or disapproving the consent In its 2004 amendments, Congress making its public interest finding, should . . . decree’’); United States v. Gillette Co., 406 F. Supp. carefully consider the explanations of the 713, 716 (D. Mass. 1975) (noting that, in this way, made clear its intent to preserve the government in the competitive impact statement the court is constrained to ‘‘look at the overall practical benefits of utilizing consent and its responses to comments in order to picture not hypercritically, nor with a microscope, decrees in antitrust enforcement, adding determine whether those explanations are but with an artist’s reducing glass’’). See generally the unambiguous instruction that reasonable under the circumstances.’’); S. Rep. No. Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the 93–298, at 6 (1973) (‘‘Where the public interest can remedies [obtained in the decree are] so ‘‘[n]othing in this section shall be be meaningfully evaluated simply on the basis of inconsonant with the allegations charged as to fall construed to require the court to briefs and oral arguments, that is the approach that outside of the ‘reaches of the public interest’ ’’). conduct an evidentiary hearing or to should be utilized.’’).

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DEPARTMENT OF JUSTICE Plaintiffs, v. The Dow Chemical Company, compete in the U.S. sales of broadleaf 2030 Dow Center, Midland, MI 48674 and E.I. herbicides for winter wheat and Antitrust Division Du Pont de Nemours and Company, 974 insecticides for chewing pests. That Centre Road, Wilmington, DE 19805, competition would be lost if the merger United States, et al. v. The Dow Defendants. is consummated. Accordingly, the Chemical Co., et al., Proposed Final Case No.: 1:17–cv–01176 proposed acquisition likely would Judgment and Competitive Impact Judge: Amit Mehta substantially lessen competition in the Statement COMPLAINT markets for certain crop protection chemicals in the United States in Notice is hereby given pursuant to the The United States of America, acting violation of Section 7 of the Clayton Antitrust Procedures and Penalties Act, under the direction of the Attorney 15 U.S.C. 16(b)–(h), that a proposed Act, 15 U.S.C. 18. General of the United States, the State 5. Dow Chemical and DuPont also Final Judgment, Asset Preservation of Iowa, the State of Mississippi, and the compete in the manufacture and sale of Stipulation and Order, and Competitive State of Montana (collectively, ‘‘Plaintiff two types of high-pressure ethylene Impact Statement have been filed with States’’), acting by and through their derivative products called acid the United States District Court for the respective Offices of the Attorney copolymers and ionomers, which are District of Columbia in United States, et General, bring this civil action to enjoin used in the production of flexible food al. v. The Dow Chemical Co., et al., Civil the proposed merger of The Dow packaging and other industrial Action No. 1:17–cv–01176. On June 15, Chemical Company (‘‘Dow Chemical’’) applications. The combination of Dow 2017, the United States filed a and E.I. du Pont de Nemours and Chemical and DuPont would result in a Complaint alleging that the proposed Company (‘‘DuPont’’). merger to monopoly in the production merger of The Dow Chemical Company I. INTRODUCTION of acid copolymers and ionomers in the (‘‘Dow’’) and E.I. DuPont de Nemours United States. Accordingly, the and Company (‘‘DuPont’’) would violate 1. In December 2015, Dow Chemical proposed transaction likely would Section 7 of the Clayton Act, 15 U.S.C. and DuPont announced that they had substantially lessen competition in the 18. The proposed Final Judgment, filed agreed to a merger of equals in a markets for acid copolymers and at the same time as the Complaint, transaction with an estimated value ionomers in the United States in requires the defendants to divest exceeding $130 billion. Both Dow violation of Section 7 of the Clayton DuPont’s Finesse herbicides business Chemical and DuPont are among the Act, 15 U.S.C. 18. and Rynaxypyr insecticides business, largest chemical companies in the and Dow’s acid copolymers and world. II. DEFENDANTS AND THE ionomers business. 2. Dow Chemical and DuPont each TRANSACTION Copies of the Complaint, proposed make a wide variety of innovative crop 6. Dow Chemical, founded in 1897, is Final Judgment, and Competitive Impact protection chemicals used by farmers headquartered in Midland, Michigan, Statement are available for inspection across the United States. Each company operates in approximately 180 on the Department of Justice’s Web site also manufactures a number of countries, and employs over 50,000 at http://www.justice.gov/atr and at the petrochemicals, including high-pressure people worldwide. In 2016, Dow Office of the Clerk of the United States ethylene derivatives that are crucial Chemical had revenues of District Court for the District of inputs to a number of important approximately $48 billion. Dow Columbia. Copies of these materials may products and industries. Chemical’s primary lines of business are be obtained from the Antitrust Division 3. The agricultural sector is a large chemical, plastic, and agricultural upon request and payment of the and vital part of the American economy. products and services. Dow Chemical’s copying fee set by Department of Justice American farmers grow crops to feed products are used in various industries, regulations. consumers in the United States and ranging from agriculture to consumer Public comment is invited within 60 abroad, to sustain livestock, and to goods. days of the date of this notice. Such produce alternative energy to power 7. DuPont, founded in 1802, is comments, including the name of the homes, vehicles, and industries. Every headquartered in Wilmington, submitter, and responses thereto, will be year, American farmers plant tens of Delaware, operates in approximately 90 posted on the Antitrust Division’s Web millions of acres of corn, soybeans, countries, and employs more than site, filed with the Court, and, under wheat, and specialty crops, such as 60,000 people worldwide. In 2016, certain circumstances, published in the fruits, nuts, and vegetables. To meet the DuPont reported revenues of $24.5 Federal Register. Comments should be needs of a growing population, billion. DuPont’s primary products directed to Maribeth Petrizzi, Chief, American farmers rely on a variety of include crop protection chemicals and Litigation II Section, Antitrust Division, effective crop protection chemical performance products, such as plastics Department of Justice, 450 Fifth Street products, including herbicides and and polymers. NW., Suite 8700, Washington, DC 20530 insecticides, which protect crops from 8. Pursuant to a December 11, 2015 (telephone: 202–307–0924). weeds and insects that damage crops agreement, Dow Chemical and DuPont and reduce yield. have agreed to an all-stock merger of Patricia A. Brink, 4. Dow Chemical and DuPont are two equals. At the time of the merger Director of Civil Enforcement. of only a handful of chemical announcement, the combined market United States District Court for The companies that manufacture certain capitalization of the companies was District of Columbia types of crop protection chemicals. $130 billion. The merger plan Vigorous competition between Dow contemplates spinning off the firms’ United States of America, U.S. Department Chemical’s and DuPont’s crop combined assets into three separate, of Justice, Antitrust Division, 450 Fifth Street NW., Suite 8700, Washington, DC 20530, protection chemicals has benefitted publicly-traded companies as soon as State of Iowa, 1305 East Walnut Street, Des farmers through lower prices, more feasible. One of those companies would Moines, IA 50319, State of Mississippi, 550 effective solutions to certain pest and focus on agriculture products (with High Street, Jackson, MS 39201, State of weed problems, and superior service. In approximately $18 billion in revenue), Montana, 555 Fuller Ave., Helena, MT 59601, particular, Dow Chemical and DuPont another on material sciences

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(approximately $51 billion in revenue), or insect pest. Crop protection the particular kinds of weeds and a third on ‘‘specialty’’ products, chemicals are typically sold as threatening the crop. such as organic light-emitting diodes ‘‘formulated products’’ that contain the 21. Herbicides are registered with the and building wrap (approximately $13 active ingredient and also inactive EPA for use on particular crops. Because billion in revenue). ingredients such as solvents, fillers, and crop choices and weed threats vary from adjuvants used to stabilize the active farm to farm, the options available to III. JURISDICTION AND VENUE ingredient and facilitate its effective use farmers may vary from location to 9. The United States brings this action on the intended crops. location, depending on the specific under Section 15 of the Clayton Act, 15 16. Both active ingredients and crop/weed combinations a farmer faces. U.S.C. 25, to prevent and restrain formulated products must be registered 22. Dow Chemical and DuPont both defendants from violating Section 7 of with the U.S. Environmental Protection offer herbicides that are labeled and the Clayton Act, 15 U.S.C. 18. Agency (‘‘EPA’’) and approved for use. registered for the control of broadleaf 10. The Plaintiff States bring this In order to gain approval, products must weeds in winter wheat crops. DuPont’s action under Section 16 of the Clayton meet stringent toxicity and efficacy Finesse product is the top broadleaf Act, 15 U.S.C. 26, to prevent and standards. Approvals are granted on a herbicide used to combat the weed restrain the defendants from violating crop-by-crop basis and contain strict spectrum that typically threatens winter Section 7 of the Clayton Act, 15 U.S.C. dosage requirements. A farmer wishing wheat crops. Dow Chemical recently 18. The Plaintiff States, by and through to control a certain pest on his or her introduced a new broadleaf herbicide their respective Attorneys General, bring farm can use only the products and for winter wheat, called Quelex. this action as parens patriae on behalf dose-rates that the EPA has approved for 2. Insecticides for Chewing Pests of and to protect the health and welfare the particular crops to which the of their citizens and the general product will be applied. 23. Dow Chemical and DuPont also economy of each of their states. 17. The crop protection industry sell insecticides for chewing pests. 11. Defendants Dow Chemical and includes a handful of large integrated Insecticides are used to suppress or eliminate insect infestations in crops. DuPont sell crop protection chemicals, research and development firms There are three main classes of insect including herbicides and insecticides, (including Dow Chemical and DuPont) pests: (1) chewing insects (e.g., moth and acid copolymers and ionomers that develop, manufacture, and sell crop larvae and beetles); (2) sucking insects throughout the United States. They are protection chemicals. While the large (e.g., aphids and stink bugs); and (3) engaged in the regular, continuous, and research and development firms thrips (i.e., thunder flies), which have substantial flow of interstate commerce, sometimes sell directly to farmers, their attributes of both chewing and sucking and their sales of crop protection primary customers are large distributors pests. chemicals and acid copolymers and and farmer co-ops that resell products to farmers. 24. Insecticide use is particularly ionomers have had a substantial effect important for specialty crop farmers of on interstate commerce. This Court has 1. Broadleaf Herbicides for Winter tree fruit, tree nuts, and other fruits and subject matter jurisdiction over this Wheat vegetables (‘‘specialty crops’’). Any action under Section 15 of the Clayton 18. Both Dow Chemical and DuPont damage to specialty crops, no matter Act, 15 U.S.C. 25, and 28 U.S.C. 1331, produce herbicides for winter wheat. how slight, can result in the fruit or nut 1337(a), and 1345. Winter wheat is a type of grass that is being rejected for sale. Thus, specialty 12. Defendants have consented to planted in autumn and produces an crop farmers are particularly averse to venue and personal jurisdiction in this edible grain. In the United States, winter the risk of insect damage when choosing judicial district. Venue is therefore wheat is grown primarily in the Great an insecticide. Specialty crop farmers proper in this district under Section 12 Plains states, including Kansas, also value selective chemistry of the Clayton Act, 15 U.S.C. 22, and 28 Nebraska, and Texas. insecticides because they are less U.S.C. 1391(c). 19. Herbicides are chemicals used to harmful to beneficial insects (such as IV. CROP PROTECTION CHEMICALS combat weeds that harm crops. They bees and parasitic wasps) that not only can be selective (killing only certain pollinate fruit, but also help to control A. Background types of plants) or non-selective. Non- damaging insects, such as mites. In 13. Crop protection chemicals are selective herbicides kill all plant matter, contrast, broad spectrum chemistries, used to protect crops from damage or including weeds and the crop. Because such as pyrethroids, kill most of the loss from other biological organisms of this, non-selective herbicides are insects in a field, including beneficial such as weeds, insects, or disease (e.g., typically used after the crop is ones. Farmers therefore either minimize fungus). Crop protection chemicals are harvested, to clear the field of remaining their use and/or use them towards the critical to protecting crop yield—the weeds. Selective herbicides target only end of a growing season. total amount of a crop produced at each weeds, and are applied ‘‘post- 25. DuPont produces the active harvest—which benefits farmers and emergence,’’ or during the growth of the ingredient chlorantraniliprole, which American consumers. crop. DuPont markets under the trade name, 14. Crop protection chemicals can be 20. There are three common types of Rynaxypyr. Rynaxypyr is one of the best separated into three broad categories selective herbicide products: broadleaf, selling and most effective active that have different qualities and grass, and cross-spectrum. Broadleaf ingredients used to combat chewing attributes: herbicides (to combat weeds); herbicides primarily eliminate or pests on the market. Rynaxypyr is insecticides (to combat insect pests); suppress broadleaf weeds. Grass patent-protected until 2022. In the and fungicides (to combat microbial herbicides primarily eliminate or United States, Rynaxypyr is marketed disease). suppress grass weeds. Cross-spectrum and sold in formulations under the 15. The key component of any herbicides are effective on both grass brand names Altacor, Coragen, and particular crop protection chemical is and broadleaf weeds. Each herbicide Prevathon. DuPont’s 2015 U.S. the ‘‘active ingredient,’’ which is the formulation has a different spectrum of insecticides sales totaled $118 million; chemical molecule that produces the weeds on which it is effective, so a of that total, Rynaxypyr sales accounted desired effect against the targeted weed farmer chooses an herbicide based on for $73 million.

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26. Dow Chemical manufactures and substitutes. While there are broad- reductions, to protect its market share sells two active ingredients which are spectrum insecticides which are from Dow Chemical’s Quelex herbicide. also effective against chewing pests: (1) effective on more than one type of pest, 35. The proposed merger, therefore, methoxyfenozide, sold under the brand those insecticides tend to kill likely would substantially lessen name Intrepid, and (2) spinetoram, sold indiscriminately, including beneficial competition for the development, under the brand names Delegate and insects. Specialty crop farmers in manufacture, and sale of broadleaf Radiant. In 2015, Dow Chemical had a California, Washington and elsewhere herbicides for winter wheat, in violation total of $165 million in U.S. insecticides need beneficial insects such as bees to of Section 7 of the Clayton Act. This sales. Of that total, spinetoram sales pollinate their crops. These farmers likely would lead to higher prices, less accounted for $57 million and would not, however, choose to forgo favorable contractual terms, and a methoxyfenozide sales accounted for managing the insect pests which attack reduced incentive to spend significant $34 million. their crops, because even slight damage resources in developing new products. can result in an entire harvest being B. Relevant Markets 2. Insecticides for Chewing Pests rejected for sale. 1. Broadleaf Herbicides for Winter 31. All insecticides sold in the United 36. Dow Chemical and DuPont are the Wheat Sold in the United States States must be registered and approved two largest suppliers of insecticides used on chewing pests in the United 27. To combat broadleaf weeds in by the EPA. Similar products available in other countries cannot be offered to States. Together they account for $238 winter wheat, particularly in the central million in annual sales. The merger of plains of the United States, farmers need United States customers due to EPA regulations, so they are not competitive Dow Chemical and DuPont likely would broadleaf herbicides that are labeled and substantially lessen competition in the registered for use on winter wheat. constraints. 32. A small but significant increase in market for the development, Farmers of winter wheat cannot use the price of chewing pest insecticides manufacture, and sale of chewing pest grass herbicides to combat broadleaf sold in the United States would not insecticides. weeds because they are ineffective. cause customers of those insecticides to 37. If the merger between Dow Farmers would not use cross-spectrum substitute to broad-spectrum Chemical and DuPont is consummated, herbicides to combat broadleaf weeds, insecticides, nor would farmers forgo the combined company will control as cross-spectrum herbicides are using insecticides altogether and risk nearly seventy-five percent of the significantly more expensive and, thus, severe pest damage to their whole crop, market for chewing pest insecticides in it would not be cost-justified to use in volumes sufficient to defeat such a the United States. Additionally, Dow cross-spectrum herbicides for broadleaf price increase. Accordingly, the Chemical and DuPont’s closest weeds alone. Farmers would not forgo development, manufacture, and sale of competitor sells competing products using broadleaf herbicides altogether, chewing pest insecticides sold in the that are mixed with DuPont’s because doing so would risk significant United States is a line of commerce and Rynaxypyr, for which the competitor wheat yield losses. has a license. As a result, specialty crop 28. All herbicides sold in the United relevant market within the meaning of Section 7 of the Clayton Act. farmers would have little alternative but States must be registered and approved to accept increased prices post merger. by the EPA. Similar products available C. Anticompetitive Effects of the 38. Competition between Dow in other countries cannot be offered to Proposed Acquisition Chemical and DuPont has benefited United States customers due to EPA customers of chewing pest insecticides regulations, so they are not competitive 1. Broadleaf Herbicides for Winter Wheat through lower prices, more effective constraints. solutions, and superior service. 29. A small but significant increase in 33. Dow Chemical and DuPont are Customers also have benefited from the the price of broadleaf herbicides sold in two of the four largest suppliers of competition between Dow Chemical and the United States labeled and registered broadleaf herbicides for winter wheat DuPont by obtaining more favorable for use on winter wheat would not crops in the United States. Together contract terms, such as financing and cause customers of those herbicides to they account for over forty percent of priority in product shipments to substitute to grass or cross-spectrum the total market, with combined annual coincide with crop growing seasons. A herbicides, nor would farmers forgo sales of $81 million in 2015. Dow combined Dow Chemical and DuPont using herbicides altogether and risk Chemical and DuPont compete head-to- would have the incentive and ability to weed damage to their crops. As a result, head for the development, manufacture, eliminate or restrict financial and other customers are unlikely to switch away and sale of broadleaf herbicides for incentives to customers, extinguishing from broadleaf herbicides sold in the winter wheat. That competition, which this competition and those tangible and United States in volumes sufficient to would be lost if the merger is valuable benefits to customers. defeat such a price increase. consummated, has benefited farmers 39. The proposed merger, therefore, Accordingly, the development, through lower prices, more effective likely would substantially lessen manufacture, and sale of broadleaf solutions, and superior service. competition for the development, herbicides sold in the United States 34. Competition between Dow manufacture, and sale of chewing pest labeled and registered for use on winter Chemical and DuPont has also spurred insecticides, in violation of Section 7 of wheat is a line of commerce and research, development, and marketing the Clayton Act. This likely would lead relevant market within the meaning of of new and improved broadleaf to higher prices, less favorable Section 7 of the Clayton Act. herbicides for winter wheat. For contractual terms, and less innovation. example, Dow Chemical intends to 2. Insecticides for Chewing Pests Sold in market its Quelex herbicide, which was D. Difficulty of Entry the United States recently introduced into the market, to 40. The discovery, development, 30. Insecticides for chewing pests are farmers of winter wheat that currently testing, registration, and commercial targeted to combat a particular type of use DuPont’s market-leading Finesse launch of a new herbicide or insecticide pest, and insecticides for other types of product. DuPont considered adopting can take ten to fifteen years and can cost pests cannot, in general, be used as competitive responses, including price well over $150 million dollars. Given

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the lengthy development cycle, the high and beverage industry. Indeed, this take significant time and incur hurdles and substantial cost of industry consumes the vast majority of additional costs. Most customers regulatory approval, entry of additional acid copolymers produced, for use in therefore would not switch to another competitors in the market for either products such as juice boxes, toothpaste product if faced with a significant and broadleaf herbicides for winter wheat or tubes, and meat and cheese wrap, non-transitory increase in the price of chewing pest insecticides is not likely to among others. Unlike other plastic acid copolymers. be timely or sufficient to defeat a post- films, food and beverage packaging must 52. Customers have consistently merger price increase. adhere to strict food safety guidelines, reported that purchasing acid and significant deviations from copolymers abroad is not a realistic V. ACID COPOLYMERS AND option for domestic purchasers, due to IONOMERS approved formulas must undergo a rigorous requalification process that can taxes, tariffs, logistical costs, and the 41. High-pressure ethylene derivatives take significant time and expense. longer lead times associated with (‘‘HiPEDs’’) are plastic resins produced 47. Both Dow Chemical and DuPont importing acid copolymers. Most by ‘‘cracking,’’ or breaking down, manufacture acid copolymers in the customers report that it would take petrochemicals into their constituent United States. Dow Chemical considerably more than a small, parts and combining them with various manufactures acid copolymers in a significant, and non-transitory increase molecules to produce polymer resins. dedicated corrosion-resistant facility in price to make European suppliers a The resulting resins, such as low that is part of its larger chemical viable alternative to Dow Chemical and density polyethylene, ethylene vinyl complex in Freeport, Texas. DuPont DuPont. acetate, acrylate copolymers, grafted manufactures acid copolymers and 53. A small but significant increase in polyolefins, acid copolymers, and other HiPED resins on corrosion- price for acid copolymers sold in the ionomers, have different performance resistant manufacturing lines within United States would not cause characteristics, such as hardness, facilities located in Sabine, Texas and customers to turn to another product in corrosion resistance or scratch Victoria, Texas. sufficient numbers to defeat such a price resistance, depending on the materials increase. Thus, the development, used in their construction. B. Ionomers manufacture, and sale of acid 42. HiPED resins are mixed with other 48. Ionomers are another specific type copolymers in the United States plastic resins to manufacture numerous of HiPED resin. They are directly constitutes a relevant product market plastic products, such as films, bottles, derived from acid copolymers and are and line of commerce under Section 7 coatings, and packaging. Customers produced by neutralizing acid of the Clayton Act. source particular HiPED resins that meet copolymers with sodium, zinc, 2. Ionomers their specific needs and requirements magnesium, or other salts. As a result of 54. Customers purchase ionomers for and build their manufacturing process this process, ionomers are hard and the superior impact- and cut-resistance around specific resin combinations that durable. When added to a plastic characteristics that are not available in give the final product the desired coating, ionomers make the resulting other HiPED resins. These customers performance characteristics. product more impact- and cut-resistant. rely on the hardness and resilience that 43. Unlike most HiPED resins, where 49. Ionomers are used in a multitude an ionomer-based coating provides as there is substitution possible for both of applications, such as decking and compared to other coatings. Customers the supply and demand of the products, automotive parts. Ionomers are cannot switch to other, less resilient, neither customers nor manufacturers preferred for these end uses because coatings and cannot forgo the use of can easily switch between acid their superior toughness and impact protective coatings altogether, as either copolymers and ionomers (two specific resistance protect the underlying choice would significantly decrease the types of HiPED resins) and other HiPED product from the repeated blows it is useful lifespan of the underlying resins. subjected to. products. Most customers therefore 50. Both Dow Chemical and DuPont A. Acid Copolymers would not switch to another product if produce ionomers in the United States. 44. Acid copolymers are a specific faced with a small but significant and DuPont manufactures ionomers in-line type of HiPED resin manufactured using non-transitory increase in the price of with its acid copolymer production in highly acidic input products. In order to ionomers. Sabine, Texas. Dow Chemical handle inputs with high acid content, 55. U.S. customers cannot turn to manufactures acid copolymers in its HiPED resin manufacturers must install ionomer suppliers abroad due to taxes, Freeport, Texas facility and then ships specific corrosion-resistant equipment tariffs, logistical costs, and longer lead them to Odessa, Texas, where a third that is not used for the manufacture of times associated with importing party converts them to ionomers. other HiPED resins. Such equipment ionomers. Most customers report that it can cost millions of dollars. C. Relevant Markets would take considerably more than a 45. Acidic inputs make acid small, significant, and non-transitory 1. Acid Copolymers copolymers both highly adhesive and increase in price to make European very durable. As a result, acid 51. Food and beverage packaging suppliers a viable alternative to Dow copolymers are used to create strong manufacturers purchase the majority of Chemical and DuPont. seals between substrates, or ‘‘tie layers,’’ acid copolymers produced in the United 56. A small but significant increase in of flexible packaging. Their increased States. These customers rely upon the price for ionomers sold in the United adhesive ability is particularly superior sealant and adhesive States would not cause customers to necessary in applications where characteristics acid copolymers provide turn to another product in sufficient packaging will be exposed to as compared to other HiPED resins. numbers to defeat such a price increase. challenging environments, such as high Additionally, because food and beverage Thus, the development, manufacture, levels of grease, oil, acid, or dust. packaging must adhere to strict food and sale of ionomers in the United 46. Because of these characteristics, safety guidelines, significant deviations States constitutes a relevant product packaging films made using acid from approved formulas must undergo a market and line of commerce under copolymers are ideal for use in the food rigorous qualification process that can Section 7 of the Clayton Act.

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D. Anticompetitive Effects of the 62. The proposed merger would likely the markets for broadleaf herbicides for Proposed Transaction substantially lessen competition for the winter wheat, chewing pest insecticides, development, manufacture, and sale of acid copolymers, and ionomers; 1. Acid Copolymers ionomers in violation of Section 7 of the (b) likely raise prices for broadleaf 57. Dow Chemical and DuPont are the Clayton Act. The market for ionomers is herbicides for winter wheat, chewing only two manufacturers of acid highly concentrated and the proposed pest insecticides, acid copolymers, and copolymers in the United States. Dow merger would result in a monopoly, ionomers; Chemical controls over 80 percent of the leading to higher prices and reduced (c) likely eliminate innovation rivalry U.S. market and DuPont is responsible innovation. by two of the leading developers of new for 19 percent of sales (less than one crop protection chemicals; tenth of one percent of acid copolymers E. Difficulty of Entry (d) consolidate the supply of acid are imported). The merger of the only 1. Acid Copolymers copolymers and ionomers under the U.S. manufacturers of these products control of a single firm; and would leave customers with little 63. In addition to the specialized (e) likely cause the number and alternative but to accept increased equipment required to produce ethylene quality of advances in acid copolymers prices post merger. derivatives generally, acid copolymer and ionomers to decrease. 58. As a result of head-to-head manufacturing requires a high-pressure competition between Dow Chemical and autoclave and all equipment surfaces VII. REQUESTED RELIEF DuPont, customers have obtained better must be coated with a corrosion- 67. Plaintiffs request that the Court: pricing, service, and contract terms. In resistant material. Only Dow Chemical (a) adjudge and decree that the some cases, customers report that Dow and DuPont have both high-pressure proposed merger between Dow Chemical and DuPont have competed to autoclaves and corrosion-resistant Chemical and DuPont is unlawful and assist customers with the development equipment. The cost associated with in violation of Section 7 of the Clayton of new uses for existing acid copolymer upgrading an existing ethylene Act, 15 U.S.C. 18; products, allowing customers to expand derivative manufacturing operation to (b) preliminarily and permanently sales and better serve their own produce acid copolymers is estimated to enjoin and restrain defendants and all consumers. Customers also have be in the millions of dollars. If the persons acting on their behalf from benefited from the development of new merged firm were to raise prices, timely entering into any agreement, acid copolymer products, which has and sufficient entry is unlikely to deter understanding, or plan whereby Dow been spurred on by competition or counteract competitive harm. Chemical and DuPont would merge or between Dow Chemical and DuPont. 2. Ionomers combine; 59. The proposed merger would likely (c) award Plaintiffs the costs of this substantially lessen competition for the 64. The manufacturing of ionomers action; and development, manufacture, and sale of requires specialized know-how as well (d) grant Plaintiffs such other and acid copolymers in violation of Section as ready and reliable access to acid further relief as the Court may deem just 7 of the Clayton Act. The U.S. market copolymers, a key input into ionomer and proper. for acid copolymers is highly manufacturing. Post merger, Dow Dated: June 15, 2017 Chemical and DuPont will effectively concentrated and would become Respectfully submitted, control the entire U.S. market for acid significantly more concentrated as a For Plaintiff United States of America: result of the proposed merger to copolymers. As such, even if a third /s/ lllllllllllllllllll monopoly: Dow Chemical and DuPont party has the technical capability to manufacture ionomers, it would be Andrew C. Finch (DC Bar #494992) will control over 99 percent of the acid Acting Assistant Attorney General copolymers market in the United States limited by the amount of acid copolymers it could obtain on the open /s/ lllllllllllllllllll post merger, leading to higher prices Patricia A. Brink and reduced innovation. market—a market primarily controlled Director of Civil Enforcement by the merged entity. Because of the 2. Ionomers /s/ lllllllllllllllllll specialized know-how and the likely Maribeth Petrizzi (DC Bar #435204) 60. Dow Chemical and DuPont are the foreclosure of access to a key ingredient, Chief, Litigation II Section only two manufacturers of ionomers in if the merged firm were to raise prices, /s/ lllllllllllllllllll the United States, where the two timely and sufficient entry would be Stephanie A. Fleming companies collectively are responsible unlikely to deter or counteract Assistant Chief, Litigation II Section for all sales. Dow Chemical and DuPont competitive harm. /s/ lllllllllllllllllll are each other’s only competitor for VI. VIOLATIONS ALLEGED Lowell R. Stern (DC Bar #440487) ionomers and customers would have no Don P. Amlin (DC Bar # 978349) alternative but to accept increased 65. If allowed to proceed, Dow Jeremy W. Cline prices post merger. Chemical and DuPont’s proposed Tracy L. Fisher 61. Customers have benefited from the merger would likely reduce or eliminate Michael K. Hammaker competition between Dow Chemical and competition in the markets for broadleaf Steve A. Harris DuPont. Dow Chemical is the only herbicides for winter wheat and Jay D. Owen company contesting DuPont’s near- chewing pest insecticides, and tend to Blake W. Rushforth Tara M. Shinnick (DC Bar #501462) monopoly in ionomers. Its presence has create a monopoly in the markets for James L. Tucker resulted in better pricing and contract acid copolymers and ionomers, in the United States Department of Justice, terms for customers, who otherwise United States in violation of Section 7 Antitrust Division, Litigation II Section, 450 would have no choice but to purchase of the Clayton Act, 15 U.S.C. 18. Fifth Street NW., Suite 8700, Washington, DC from DuPont. Customers also have 66. Among other things, the 20530, (202) 514–3676, (202) 514–9033 benefited from competition between transaction would: (Facsimile), [email protected] Dow Chemical and DuPont to develop (a) eliminate significant present and For Plaintiff State of Iowa new products from ionomers and new future head-to-head competition Thomas J. Miller uses for existing ionomer products. between Dow Chemical and DuPont in Attorney General

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/s/ lllllllllllllllllll Case No.: 1:17–cv–01176 D. ‘‘DuPont’’ means defendant E.I. du Layne M. Lindebak Judge: Amit Mehta Pont de Nemours and Company, a Assistant Attorney General, Iowa Department PROPOSED FINAL JUDGMENT Delaware corporation with its of Justice, Hoover Office Building—Second headquarters in Wilmington, Delaware, Floor, 1305 East Walnut Street, Des Moines, WHEREAS, plaintiffs United States of IA 50319, Phone: 515–281–7054, Fax: 515– its successors and assigns, and its America and the States of Iowa, subsidiaries, divisions, groups, 281–4902, [email protected] Mississippi, and Montana (collectively, For Plaintiff State of Mississippi affiliates, partnerships and joint ‘‘Plaintiff States’’), filed their Complaint ventures, and their directors, officers, Jim Hood on June 15, 2017, plaintiffs and Attorney General managers, agents, and employees. defendants, The Dow Chemical E. ‘‘Dow Chemical’’ means defendant lllllllllllllllllll /s/ Company and E.I. du Pont de Nemours The Dow Chemical Company, a Crystal Utley Secoy and Company, by their respective Special Assistant Attorney General, Delaware corporation with its attorneys, have consented to the entry of headquarters in Midland, Michigan, its Consumer Protection Division, Mississippi this Final Judgment without trial or Attorney General’s Office, Post Office Box successors and assigns, and its 22947, Jackson, Mississippi 39225, Phone: adjudication of any issue of fact or law, subsidiaries, divisions, groups, 601–359–4213, Fax: 601–359–4231, cutle@ and without this Final Judgment affiliates, partnerships and joint ago.state.ms.us constituting any evidence against or ventures, and their directors, officers, For Plaintiff State of Montana admission by any party regarding any managers, agents, and employees. Timothy C. Fox issue of fact or law; F. ‘‘Calgary Facility’’ means DuPont’s Attorney General AND WHEREAS, defendants agree to interest in the facility located at 4444 /s/ lllllllllllllllllll be bound by the provisions of this Final 72nd Avenue SE., Calgary, Alberta, Chuck Munson Judgment pending its approval by the Canada T2C 2C1. Assistant Attorney General, Montana Court; G. ‘‘Freeport Facility’’ means Dow Department of Justice, Office of Consumer AND WHEREAS, the essence of this Chemical’s dedicated acid copolymer Protection, 555 Fuller Avenue, Helena, Final Judgment is the prompt and production facility located within the Montana, Phone: 406–444–9637, Fax: 406– certain divestiture of certain rights and B–7700 Block and B–7800 Block of Dow 442–1874, [email protected] assets by defendants to assure that Chemical’s integrated chemical site at CERTIFICATE OF SERVICE competition is not substantially 2301 Brazosport Blvd., APB Building, lessened; Freeport, Texas 77541, including a I, Lowell Stern, hereby certify that on AND WHEREAS, plaintiffs require ground lease to the real property June 15, 2017, I caused a copy of the defendants to make certain divestitures underlying the Freeport Facility, but not foregoing Complaint, Asset Preservation for the purpose of remedying the loss of including ownership of any underlying Stipulation and Order, proposed Final competition alleged in the Complaint; real property. Judgment, Competitive Impact AND WHEREAS, defendants have H. ‘‘Manati Manufacturing Unit’’ Statement, and Explanation of Consent represented to plaintiffs that the means the manufacturing unit within Decree Procedures, to be served upon divestitures required below can and will DuPont’s industrial complex at Km 2⁄3 defendants The Dow Chemical be made and that defendants will later Rr 686, Tierras Nuevas Salientes Ward, Company and E.I. du Pont de Nemours raise no claim of hardship or difficulty Manati, Puerto Rico 00674. and Company by mailing the documents as grounds for asking the Court to I. ‘‘Mobile Facility’’ means DuPont’s electronically to their duly authorized modify any of the divestiture provisions facility located at 12650 Highway 43 N, legal representatives, as follows: contained below; Axis, Alabama 36505. Counsel for The Dow Chemical NOW THEREFORE, before any J. ‘‘DuPont’s Finesse-formulated Company: testimony is taken, without trial or products’’ means all products (including George Cary, Cleary Gottlieb Steen & adjudication of any issue of fact or law, Finesse) packaged at the Calgary Facility Hamilton LLP, 2000 Pennsylvania and upon consent of the parties, it is and containing the active ingredients Avenue, NW., Washington, DC 20006, ORDERED, ADJUDGED, AND Metsulfuron Methyl and Chlorsulfuron [email protected] DECREED: Methyl produced at the Manati Manufacturing Unit. Counsel for E.I. du Pont de Nemours I. JURISDICTION and Company: K. ‘‘DuPont’s Rynaxypyr-formulated Clifford Aronson, Skadden, Arps, Slate, This Court has jurisdiction over the products’’ means all products Meagher & Flom, LLP, 4 Times Square, subject matter of and each of the parties manufactured at the Mobile Facility that New York, NY 10036, Clifford.Aronson@ to this action. The Complaint states a contain the active ingredient skadden.com claim upon which relief may be granted Chlorantraniliprole (including Altacor, /s/ lllllllllllllllll against defendants under Section 7 of Coragen, and Prevathon), except seed Lowell R. Stern (DC Bar #440487) the Clayton Act, 15 U.S.C. 18. treatment applications. L. The ‘‘Finesse Business’’ means: United States Department of Justice, II. DEFINITIONS Antitrust Division, Litigation II Section, 1. the Manati Manufacturing Unit; 450 Fifth Street NW., Suite 8700, As used in this Final Judgment: 2. the lease to the Calgary Facility; A. ‘‘Acquirer’’ or ‘‘Acquirers’’ means 3. all tangible assets primarily relating Washington, DC 20530, Phone: 202– the entity or entities to which to DuPont’s Finesse-formulated 514–3676, Fax: 202–514–9033, defendants divest the Divestiture Assets. products, including, but not limited to, [email protected] B. ‘‘Acquirer of the Crop Protection manufacturing equipment, tooling and UNITED STATES DISTRICT COURT Divestiture Assets’’ means the entity to fixed assets, personal property, FOR THE DISTRICT OF COLUMBIA which defendants divest the Crop inventory, office furniture, materials, United States of America, State of Iowa, Protection Divestiture Assets. supplies, and other tangible property State of Mississippi, and State of Montana, C. ‘‘Acquirer of the Material Science and all assets at the Manati Plaintiffs, v. The Dow Chemical Company Divestiture Assets’’ means the entity to Manufacturing Unit and at the Calgary and E.I DuPont De Nemours and Company which defendants divest the Material Facility used in connection with Defendents. Science Divestiture Assets. DuPont’s Finesse-formulated products;

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all licenses, permits and authorizations provided, however, that defendants may quality assurance and control issued by any governmental not otherwise use any such intangible procedures, design tools and simulation organization primarily relating to assets in connection with the capability, all manuals and technical DuPont’s Finesse-formulated products development, manufacture, and/or sale information DuPont provides to its own (to the extent such licenses, permits, of broadleaf herbicides for winter wheat. employees, customers, suppliers, agents and authorizations are capable of M. The ‘‘Rynaxypyr Business’’ means: or licensees; and all research data assignment or transfer); all contracts (or 1. the Mobile Facility; concerning historic and current research portions thereof), teaming arrangements, 2. all tangible assets primarily relating and development efforts primarily agreements (or portions thereof), leases, to DuPont’s Rynaxypyr-formulated relating to DuPont’s Rynaxypyr- commitments, certifications, and products, including, but not limited to, formulated products, including, but not understandings, primarily relating to manufacturing equipment, tooling and limited to, designs of experiments, and DuPont’s Finesse-formulated products, fixed assets, personal property, the results of successful and including supply agreements; all inventory, office furniture, materials, unsuccessful designs and experiments; customer lists, contracts, accounts, and supplies, and other tangible property except that defendants (i) may retain credit records primarily relating to and all assets at the Mobile Facility used copies of or access to any intangible DuPont’s Finesse-formulated products; in connection with DuPont’s assets used by DuPont relating to all repair and performance records and Rynaxypyr-formulated products; all DuPont’s Rynaxypyr-formulated all other records primarily relating to licenses, permits, and authorizations products that are necessary in order to DuPont’s Finesse-formulated products; issued by any governmental perform any services pursuant to their except that defendants may retain organization primarily relating to agreements with the Acquirer of the copies of or access to any tangible assets DuPont’s Rynaxypyr-formulated Crop Protection Divestiture Assets and primarily relating to DuPont’s Finesse- products (to the extent such licenses, (ii) may retain seed treatment assets, formulated products that are necessary permits, and authorizations are capable provided, however, that defendants may in order to perform any services of assignment or transfer); all contracts not otherwise use any such intangible (or portions thereof), teaming pursuant to their agreements with the assets in connection with the arrangements, agreements (or portions Acquirer of the Crop Protection development, manufacture, and/or sale thereof), leases, commitments, Divestiture Assets, provided, however, of insecticides for chewing pests. certifications, and understandings, that defendants may not otherwise use N. ‘‘Crop Protection Divestiture primarily relating to DuPont’s any such tangible assets in connection Assets’’ means: Rynaxypyr-formulated products, with the development, manufacture, 1. the Finesse Business; and including supply agreements; all 2. the Rynaxypyr Business. and/or sale of broadleaf herbicides for customer lists, contracts, accounts, and O. ‘‘Material Science Divestiture winter wheat; and credit records primarily relating to Assets’’ means: 4. all intangible assets owned, DuPont’s Rynaxypyr-formulated 1. the Freeport Facility; licensed, controlled, or used by DuPont, products; all repair and performance 2. all tangible assets located at the wherever located, primarily relating to records and all other records primarily Freeport Facility and primarily used by DuPont’s Finesse-formulated products, relating to DuPont’s Rynaxypyr- Dow Chemical’s acid copolymer and including, but not limited to, all patents, formulated products; except that ionomers business in the United States, licenses and sublicenses, intellectual defendants (i) may retain copies of or including, but not limited to, research property, copyrights, trademarks access to any tangible assets used by and development assets, manufacturing (including Finesse), trade names, DuPont primarily relating to the equipment, tooling and fixed assets, service marks, service names, technical Rynaxypyr-formulated products that are personal property, inventory, office information, computer software and necessary in order to perform any furniture, materials, supplies, and other related documentation, know-how, services pursuant to their agreements tangible property, except that the trade secrets, drawings, blueprints, with the Acquirer of the Crop Protection Material Science Divestiture Assets do designs, design protocols, specifications Divestiture Assets and (ii) may retain not include (i) information technology, for materials, specifications for parts seed treatment assets, provided, equipment, and tools (e.g., servers, and devices, safety procedures for the however, that defendants may not network equipment, and enterprise handling of materials and substances, otherwise use any such tangible assets workstations) connected to Dow quality assurance and control in connection with the development, Chemical’s network or (ii) tangible procedures, design tools and simulation manufacture, and/or sale of insecticides assets that will be used by defendants to capability, all manuals and technical for chewing pests; and perform any services pursuant to their information DuPont provides to its own 3. all intangible assets owned, agreements with the Acquirer of the employees, customers, suppliers, agents licensed, controlled, or used by DuPont, Material Science Divestiture Assets, or licensees, and all research data wherever located, primarily relating to provided, however, that defendants may concerning historic and current research DuPont’s Rynaxypyr-formulated not use any such tangible assets to and development efforts primarily products, including, but not limited to, develop, manufacture, and/or sell acid relating to DuPont’s Finesse-formulated all patents, licenses and sublicenses, copolymers and ionomers; all licenses, products, including, but not limited to, intellectual property, copyrights, permits, and authorizations issued by designs of experiments, and the results trademarks (including Altacor, Coragen, any governmental organization of successful and unsuccessful designs and Prevathon), trade names, service primarily for the benefit of the acid and experiments; except that defendants marks, service names, technical copolymer and ionomers business in the may retain copies of or access to any information, computer software and United States (to the extent such intangible assets primarily relating to related documentation, know-how, licenses, permits, and authorizations are DuPont’s Finesse-formulated products trade secrets, drawings, blueprints, capable of assignment or transfer); all that are necessary in order to perform designs, design protocols, specifications contracts, teaming arrangements, any services pursuant to their for materials, specifications for parts agreements, including supply agreements with the Acquirer of the and devices, safety procedures for the agreements, leases, commitments, Crop Protection Divestiture Assets, handling of materials and substances, certifications, and understandings

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primarily relating to Dow Chemical’s pursuant to defendants’ agreements divested pursuant to this Final acid copolymer and ionomers business with the Acquirer of the Material Judgment and provide that person with in the United States (collectively Science Divestiture Assets, defendants a copy of this Final Judgment. ‘‘Contracts’’), in each case to the extent will receive a license to use such Defendants shall offer to furnish to all relating to the acid copolymer and intangible assets from the Acquirer of prospective Acquirers of the Crop ionomers business, provided that to the the Material Science Divestiture Assets, Protection Divestiture Assets, subject to extent transfer of any Contract requires provided, however, that defendants may customary confidentiality assurances, the consent of another party, Dow not use any such intangible assets to all information and documents relating Chemical shall satisfy its obligation by develop, manufacture, and/or sell acid to the Crop Protection Divestiture Assets using reasonable best efforts to obtain copolymers and ionomers. customarily provided in a due diligence such consent; all customer lists, P. ‘‘Divestiture Assets’’ means the process except such information or accounts, and credit records, in each Crop Protection Divestiture Assets and documents subject to the attorney-client case to the extent relating to the acid the Material Science Divestiture Assets. privilege or work-product doctrine. copolymer and ionomers business; all III. APPLICABILITY Defendants shall make available such records primarily relating to the acid information to plaintiffs at the same copolymer and ionomers business in the A. This Final Judgment applies to time that such information is made United States, including repair and DuPont and Dow Chemical, as defined available to any other person. performance records, drawings, above, and all other persons in active C. To the extent they have not done blueprints, designs, design protocols, concert or participation with any of so prior to the filing of the Complaint, specifications for materials, them who receive actual notice of this defendants shall provide to the specifications for parts and devices, Final Judgment by personal service or prospective Acquirer of the Crop safety procedures for the handling of otherwise. Protection Divestiture Assets and the B. If, prior to complying with Sections materials and substances, quality United States information relating to the IV, V, and VI of this Final Judgment, assurance and control procedures, personnel involved in the development, defendants sell or otherwise dispose of design tools and simulation capability, manufacture, and/or sale of the Crop all or substantially all of their assets or manuals and technical information Dow Protection Divestiture Assets to enable lesser business units that include the Chemical provides to its own the Acquirer to make offers of Divestiture Assets, they shall require the employees, customers, suppliers, agents employment. Defendants will not purchaser or purchasers to be bound by or licensees of such acid copolymer and interfere with any negotiations by the the provisions of this Final Judgment. ionomers business, and research data Acquirer of the Crop Protection Defendants need not obtain such an concerning historic and current research Divestiture Assets to employ any agreement from the Acquirers of the and development efforts, including but defendant employee whose primary assets divested pursuant to this Final not limited to, designs of experiments, responsibility is the development, Judgment. and the results of successful and manufacture, and/or sale of the Crop unsuccessful designs and experiments, IV. CROP PROTECTION DIVESTITURE Protection Divestiture Assets. D. Defendants shall permit the in each case to the extent relating to the A. Defendants are ordered and Acquirer of the Crop Protection acid copolymer and ionomers business, directed, within thirty (30) calendar Divestiture Assets to have reasonable except that defendants may retain days after the consummation of the access to personnel and to make copies of or access to (i) any such merger of Dow Chemical and DuPont, or inspections of the Manati records used by defendants’ retained sixty (60) calendar days after notice of Manufacturing Unit, the Calgary businesses other than Dow Chemical’s the entry of this Final Judgment by the Facility, and the Mobile Facility; access acid copolymer and ionomers business Court, whichever is later, to divest the to any and all environmental, zoning, and (ii) any such records used in Crop Protection Divestiture Assets in a and other permit documents and connection with an OSA or to perform manner consistent with this Final information; and access to any and all any services pursuant to their Judgment to an Acquirer acceptable to financial, operational, or other agreements with the Acquirer of the the United States, in its sole discretion, documents and information customarily Material Science Divestiture Assets, after consultation with the Plaintiff provided as part of a due diligence provided, however, that defendants may States. The United States, in its sole process. not use any such records to develop, discretion, may agree to one or more E. Defendants shall warrant to the manufacture, and/or sell acid extensions of this time period not to Acquirer of the Crop Protection copolymers and ionomers; and exceed sixty (60) calendar days in total, Divestiture Assets that each asset will be 3. all intangible assets primarily used and shall notify the Court in such operational in all material respects on by Dow Chemical in connection with circumstances. Defendants agree to use the date of sale. the development, manufacture, and/or their best efforts to divest the Crop F. Defendants shall not take any sale of acid copolymers and ionomers in Protection Divestiture Assets as action that will impede in any material the United States, including, but not expeditiously as possible. way the permitting, operation, or limited to, patents, licenses and B. In accomplishing the divestiture divestiture of the Crop Protection sublicenses, intellectual property, ordered by Section IV of this Final Divestiture Assets. copyrights, trademarks (including Judgment, to the extent they have not G. At the option of the Acquirer of the Primacor), trade names, service marks, done so prior to the filing of the Crop Protection Divestiture Assets, service names, technical information, Complaint, defendants promptly shall defendants shall enter into a contract for know-how, and trade secrets, except make known, by usual and customary formulation services for the Finesse- that, to the extent any intangible assets means, the availability of the Crop formulated products at DuPont’s El primarily used by Dow Chemical’s acid Protection Divestiture Assets. Paso, Illinois facility and the copolymer and ionomers business in the Defendants shall inform any person Rynaxypyr-formulated products at United States are also used by other making an inquiry regarding a possible DuPont’s Valdosta, Georgia facility. The Dow Chemical businesses or are purchase of the Crop Protection formulation services agreement shall be necessary to perform any services Divestiture Assets that they are being in effect for one year after all necessary

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regulatory approvals for a new herbicides for winter wheat and (b) relating to personnel whose primary formulation site have been granted by insecticides for chewing pests; and responsibility is the development, jurisdictions where the Finesse- (2) shall be accomplished so as to manufacture, and/or sale of the Material formulated products and the satisfy the United States, in its sole Science Divestiture Assets, excluding Rynaxypyr-formulated products are discretion, after consultation with the Dow Chemical employees who will currently registered (or such lesser Plaintiff States, that none of the terms of provide services under the OSA, to period of time as mutually expected by any agreement between the Acquirer enable the Acquirer to make offers of the defendants and the Acquirer of the and defendants give defendants the employment. Defendants will not Crop Protection Divestiture Assets). At ability unreasonably to raise the interfere with any negotiations by the the request of the Acquirer, the United Acquirer’s costs, to lower the Acquirer’s Acquirer of the Material Science States in its sole discretion may approve efficiency, or otherwise to interfere in Divestiture Assets to employ any an extension of the term of the the ability of the Acquirer to compete defendant employee whose primary formulation services agreement not to effectively. responsibility is the development, exceed two (2) years, provided that the V. MATERIAL SCIENCE DIVESTITURE manufacture, and/or sale of the Material Acquirer of the Crop Protection Science Divestiture Assets, excluding Divestiture Assets notifies the United A. Defendants are ordered and Dow Chemical employees who will States in writing at least four (4) months directed, within thirty (30) calendar provide services under the OSA. prior to the date the agreement expires. days after the consummation of the D. Defendants shall permit the The United States shall respond to any merger of Dow Chemical and DuPont, or Acquirer of the Material Science such request for extension in writing at sixty (60) calendar days after notice of Divestiture Assets to have reasonable least three (3) months prior to the date the entry of this Final Judgment by the access to personnel and to make the formulation services agreement Court, whichever is later, to divest the inspections of the Freeport Facility; expires. The terms and conditions of Material Science Divestiture Assets in a access to any and all environmental, any contractual arrangement meant to manner consistent with this Final zoning, and other permit documents satisfy this provision must be Judgment to an Acquirer acceptable to and information related to the Freeport reasonably related to market conditions the United States, in its sole discretion. Facility; and access to any and all for formulation services. The United States, in its sole discretion, financial, operational, or other H. Defendants shall warrant to the may agree to one or more extensions of documents and information related to Acquirer of the Crop Protection this time period not to exceed sixty (60) the Freeport Facility; in each case as Divestiture Assets that there are no calendar days in total, and shall notify customarily provided as part of a due material defects in the environmental, the Court in such circumstances. diligence process. zoning or other permits pertaining to the Defendants agree to use their best efforts E. Defendants shall warrant to the operation of each asset, and that to divest the Material Science Acquirer of the Material Science following the sale of the Crop Protection Divestiture Assets as expeditiously as Divestiture Assets that such assets will Divestiture Assets, defendants will not possible. be in substantially the same operating undertake, directly or indirectly, any B. In accomplishing the divestiture condition on the date of sale as they challenges to the environmental, zoning, ordered by Section V of this Final were on February 1, 2017. or other permits relating to the Judgment, to the extent they have not F. Defendants shall not take any operation of the Crop Protection done so prior to the filing of the action that will impede in any way the Divestiture Assets. Complaint, defendants promptly shall permitting, operation, or divestiture of I. Unless the United States otherwise make known, by usual and customary the Material Science Divestiture Assets. consents in writing, the divestiture means, the availability of the Material G. At the option of the Acquirer of the pursuant to Section IV, or by Divestiture Science Divestiture Assets. Defendants Material Science Divestiture Assets, Trustee appointed pursuant to Section shall inform any person making an defendants shall enter into an operating VI, of this Final Judgment, shall include inquiry regarding a possible purchase of services agreement (‘‘OSA’’) with the the entire Crop Protection Divestiture the Material Science Divestiture Assets Acquirer sufficient to meet the Assets, and shall be accomplished in that they are being divested pursuant to Acquirer’s needs for assistance in such a way as to satisfy the United this Final Judgment and provide that matters relating to the operation of the States, in its sole discretion, after person with a copy of this Final Material Science Divestiture Assets. If consultation with the Plaintiff States, Judgment. Defendants shall offer to the Acquirer elects to self-operate the that the Crop Protection Divestiture furnish to all prospective Acquirers of Material Science Divestiture Assets, Assets can and will be used by the the Material Science Divestiture Assets, defendants may require the written Acquirer as part of a viable, ongoing subject to customary confidentiality execution of an agreement by the business in the development, assurances, all information and Acquirer to indemnify defendants for manufacture, and sale in the United documents relating to the Material breaches of any environmental permits States of (1) broadleaf herbicides for Science Divestiture Assets customarily that result from the operation of the winter wheat and (2) insecticides for provided in a due diligence process Material Science Divestiture Assets by chewing pests. The divestiture, whether except such information or documents an operator other than defendants. pursuant to Section IV or Section VI of subject to the attorney-client privilege or H. Defendants shall warrant to the this Final Judgment, work-product doctrine. Defendants shall Acquirer of the Material Science (1) shall be made to an Acquirer that, make available such information to Divestiture Assets that there are no in the United States’ sole judgment, plaintiffs at the same time that such material defects in the environmental, after consultation with the Plaintiff information is made available to any zoning or other permits pertaining to the States, has the intent and capability other person. operation of each asset, and that (including the necessary managerial, C. To the extent they have not done following the sale of the Material operational, technical and financial so prior to the filing of the Complaint, Science Divestiture Assets, defendants capability) of competing effectively in defendants shall provide the Acquirer of will not undertake, directly or the businesses of developing, the Material Science Divestiture Assets indirectly, any challenges to the manufacturing, and selling (a) broadleaf and the United States information environmental, zoning, or other permits

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relating to the operation of the Material Subject to Paragraph VI(D) of this Final provide written notice of such hiring Science Divestiture Assets. Judgment, the Divestiture Trustee(s) and the rate of compensation to I. Unless the United States otherwise may hire at the cost and expense of defendants and the United States. consents in writing, the divestiture defendants any investment bankers, E. Defendants shall use their best pursuant to Section V, or by Divestiture attorneys, or other agents, who shall be efforts to assist the Divestiture Trustee(s) appointed pursuant to solely accountable to the Divestiture Trustee(s) in accomplishing the required Section VI, of this Final Judgment, shall Trustee(s), and are reasonably necessary divestiture(s). The Divestiture Trustee(s) include the entire Material Science in the Divestiture Trustee(s)’ judgment and any consultants, accountants, Divestiture Assets, and shall be to assist in the divestiture(s). Any such attorneys, and other agents retained by accomplished in such a way as to satisfy investment bankers, attorneys, or other the Divestiture Trustee(s) shall have full the United States, in its sole discretion, agents shall serve on such terms and and complete access to the personnel, that the Material Science Divestiture conditions as the United States books, records, and facilities of the Assets can and will be used by the approves including confidentiality Divestiture Asset(s), and defendants Acquirer of the Material Science requirements and conflict of interest shall develop financial and other Divestiture Assets as part of a viable, certifications. information relevant to the Divestiture ongoing business in the development, C. Defendants shall not object to a sale Asset(s) as the Divestiture Trustee(s) manufacture, and sale of acid by the Divestiture Trustee(s) on any may reasonably request, subject to copolymers and ionomers in the United ground other than the Divestiture reasonable protection for trade secret or States. The divestiture, whether Trustee(s)’ malfeasance. Any such other confidential research, pursuant to Section V or Section VI of objections by defendants must be development, or commercial this Final Judgment, conveyed in writing to United States information or any applicable (1) shall be made to an Acquirer that, and the Divestiture Trustee(s) within ten privileges. Defendants shall take no in the United States’ sole judgment, has (10) calendar days after the Divestiture action to interfere with or to impede the the intent and capability (including the Trustee(s) have provided the notice Divestiture Trustee(s)’ accomplishment necessary managerial, operational, required under Section VII. of the divestiture(s). technical and financial capability) of D. The Divestiture Trustee(s) shall F. After their appointment, the competing effectively in the business of serve at the cost and expense of Divestiture Trustee(s) shall file monthly developing, manufacturing, and selling defendants pursuant to a written reports with the United States and, as acid copolymers and ionomers; and agreement, on such terms and appropriate, the Court setting forth the (2) shall be accomplished so as to conditions as the United States Divestiture Trustee(s)’ efforts to satisfy the United States, in its sole approves, including confidentiality accomplish the divestitures ordered discretion, that none of the terms of any requirements and conflict of interest under this Final Judgment. To the extent agreement between the Acquirer and certifications. The Divestiture Trustee(s) such reports contain information that defendants give defendants the ability shall account for all monies derived the Divestiture Trustee(s) deem unreasonably to raise the Acquirer’s from the sale of the assets sold by the confidential, such reports shall not be costs, to lower the Acquirer’s efficiency, Divestiture Trustee(s) and all costs and filed in the public docket of the Court. or otherwise to interfere in the ability of expenses so incurred. After approval by Such reports shall include the name, the Acquirer to compete effectively. the Court of the Divestiture Trustee(s)’ address, and telephone number of each accounting, including fees for their person who, during the preceding VI. APPOINTMENT OF DIVESTITURE services yet unpaid and those of any month, made an offer to acquire, TRUSTEE(S) professionals and agents retained by the expressed an interest in acquiring, A. If defendants have not divested the Divestiture Trustee(s), all remaining entered into negotiations to acquire, or Crop Protection or Material Science money shall be paid to defendants and was contacted or made an inquiry about Divestiture Assets within the time the trust shall then be terminated. The acquiring, any interest in the Divestiture periods specified in Paragraphs IV(A) compensation of the Divestiture Asset(s), and shall describe in detail and V(A), defendants shall notify Trustee(s) and any professionals and each contact with any such person. The plaintiffs of that fact in writing. Upon agents retained by the Divestiture Divestiture Trustee(s) shall maintain full application of the United States, the Trustee(s) shall be reasonable in light of records of all efforts made to divest the Court shall appoint a Divestiture the value of the relevant Divestiture Divestiture Asset(s). Trustee or Trustees selected by the Asset(s) and based on a fee arrangement G. If the Divestiture Trustee(s) have United States and approved by the providing the Divestiture Trustee(s) not accomplished the divestitures Court to effect the divestiture of the with an incentive based on the price ordered under this Final Judgment remaining Divestiture Asset(s). and terms of the divestitures and the within six months after their B. After the appointment of speed with which they are appointment, the Divestiture Trustee(s) Divestiture Trustee(s) becomes effective, accomplished, but timeliness is shall promptly file with the Court a only the Divestiture Trustee(s) shall paramount. If the Divestiture Trustee(s) report setting forth (1) the Divestiture have the right to sell the relevant and defendants are unable to reach Trustee(s)’ efforts to accomplish the Divestiture Assets. The Divestiture agreement on the Divestiture Trustee(s)’ required divestiture(s), (2) the reasons, Trustee(s) shall have the power and or any agents’ or consultants’ in the Divestiture Trustee(s)’ judgment, authority to accomplish the divestitures compensation or other terms and why the required divestiture(s) have not to Acquirer(s) acceptable to the United conditions of engagement within been accomplished, and (3) the States, after consultation with the fourteen (14) calendar days of Divestiture Trustee(s)’ Plaintiff States, at such price and on appointment of the Divestiture recommendations. To the extent such such terms as are then obtainable upon Trustee(s), the United States may, in its report contains information that the reasonable effort by the Divestiture sole discretion, take appropriate action, Divestiture Trustee(s) deem Trustee(s), subject to the provisions of including making a recommendation to confidential, such report shall not be Sections IV, V, VI, and VII of this Final the Court. The Divestiture Trustee(s) filed in the public docket of the Court. Judgment, and shall have such other shall, within three (3) business days of The Divestiture Trustee(s) shall at the powers as this Court deems appropriate. hiring any other professionals or agents, same time furnish such report to the

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United States which shall have the right stating whether or not it objects to the calendar days of receipt of such to make additional recommendations proposed divestiture. If the United affidavit. consistent with the purpose of the trust. States provides written notice that it B. Within twenty (20) calendar days The Court thereafter shall enter such does not object, a divestiture may be of the filing of the Complaint in this orders as it shall deem appropriate to consummated, subject only to matter, defendants shall deliver to the carry out the purpose of the Final defendants’ limited right to object to the United States an affidavit that describes Judgment, which may, if necessary, sale under Paragraph VI(C) of this Final in reasonable detail all actions include extending the trust and the term Judgment. Absent written notice that the defendants have taken and all steps of the Divestiture Trustee(s)’ United States does not object to the defendants have implemented on an appointment by a period requested by proposed Acquirer or upon objection by ongoing basis to comply with Section IX the United States. the United States, divestiture proposed of this Final Judgment. Defendants shall H. If the United States determines that under Section IV, V, or VI shall not be deliver to the United States an affidavit the Divestiture Trustee(s) have ceased to consummated. Upon objection by describing any changes to the efforts act or failed to act diligently or in a defendants under Paragraph VI(C), a and actions outlined in defendants’ reasonably cost-effective manner, it may divestiture proposed under Section VI earlier affidavits filed pursuant to this recommend the Court appoint substitute shall not be consummated unless section within fifteen (15) calendar days Divestiture Trustee(s). approved by the Court. after the change is implemented. C. Defendants shall keep all records of VII. NOTICE OF PROPOSED VIII. FINANCING all efforts made to preserve and divest DIVESTITURES Defendants shall not finance all or the Divestiture Assets until one year A. Within two (2) business days any part of any purchase made pursuant after such divestitures have been following execution of any definitive to Section IV, V or VI of this Final completed. divestiture agreement, defendants or the Judgment. Divestiture Trustee(s), whichever is then XI. APPOINTMENT OF MONITORING responsible for effecting the divestitures IX. ASSET PRESERVATION TRUSTEE(S) required herein, shall notify plaintiffs of Until the divestitures required by this A. Upon application of the United any proposed divestiture required by Final Judgment have been States, the Court shall appoint a Section IV, V, or VI of this Final accomplished, defendants shall take all Monitoring Trustee or Trustees selected Judgment. If the Divestiture Trustee(s) steps necessary to comply with the by the United States and approved by are responsible, they shall similarly Asset Preservation Stipulation and the Court. notify defendants. The notice shall set Order entered by this Court. Defendants B. The Monitoring Trustee(s) shall forth the details of the proposed shall take no action that would have the power and authority to monitor divestitures and list the name, address, jeopardize the divestitures ordered by defendants’ compliance with the terms and telephone number of each person this Court. of this Final Judgment and the Asset not previously identified who offered or Preservation Stipulation and Order X. AFFIDAVITS expressed an interest in or desire to entered by this Court, and shall have acquire any ownership interest in the A. Within twenty (20) calendar days such other powers as this Court deems Divestiture Asset(s), together with full of the filing of the Complaint in this appropriate. The Monitoring Trustee(s) details of the same. matter, and every thirty (30) calendar shall be required to investigate and B. Within fifteen (15) calendar days of days thereafter until the divestitures report on the defendants’ compliance receipt by plaintiffs of such notice, the have been completed under Section IV, with this Final Judgment and the Asset United States, after consultation with V, and/or VI, defendants shall deliver to Preservation Stipulation and Order and the Plaintiff States, may request from the United States an affidavit as to the the defendants’ progress toward defendants, the proposed Acquirer, any fact and manner of its compliance with effectuating the purposes of this Final other third party, or the Divestiture Section IV, V, and/or VI of this Final Judgment. Trustee(s), if applicable, additional Judgment. Each such affidavit shall C. Subject to Paragraph XI(E) of this information concerning the proposed include the name, address, and Final Judgment, the Monitoring divestiture, the proposed Acquirer, and telephone number of each person who, Trustee(s) may hire at the cost and any other potential Acquirer. during the preceding thirty (30) expense of defendants any consultants, Defendants and the Divestiture calendar days, made an offer to acquire, accountants, attorneys, or other agents, Trustee(s) shall furnish any additional expressed an interest in acquiring, who shall be solely accountable to the information requested, except such entered into negotiations to acquire, or Monitoring Trustee(s), as reasonably information or documents subject to the was contacted or made an inquiry about necessary in the Monitoring Trustee(s)’ attorney-client privilege or work- acquiring, any interest in the Divestiture judgment. Any such consultants, product doctrine, within fifteen (15) Assets, and shall describe in detail each accountants, attorneys, or other agents calendar days of the receipt of the contact with any such person during shall serve on such terms and request, unless the parties shall that period. Each such affidavit shall conditions as the United States otherwise agree. also include a description of the efforts approves, including confidentiality C. Within thirty (30) calendar days defendants have taken to solicit buyers requirements and conflict of interest after receipt of the notice or within for the Divestiture Assets, and to certifications. twenty (20) calendar days after the provide required information to D. Defendants shall not object to United States has been provided the prospective Acquirers, including the actions taken by the Monitoring additional information requested from limitations, if any, on such information. Trustee(s) in fulfillment of the defendants, the proposed Acquirer, any Assuming the information set forth in Monitoring Trustee(s)’ responsibilities third party, and the Divestiture the affidavit is true and complete, any under any Order of this Court on any Trustee(s), whichever is later, the objection by the United States to ground other than the Monitoring United States shall provide written information provided by defendants, Trustee(s)’ malfeasance. Any such notice to defendants and the Divestiture including limitation on information, objections by defendants must be Trustee(s), if there is one or more, shall be made within fourteen (14) conveyed in writing to the United States

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and the Monitoring Trustee(s) within and under the Asset Preservation authorized representative of the ten (10) calendar days after the action Stipulation and Order. To the extent executive branch of the United States, or taken by the Monitoring Trustee(s) such reports contain information that of the Plaintiff States, except in the giving rise to the defendants’ objection. the Monitoring Trustee(s) deem course of legal proceedings to which the E. The Monitoring Trustee(s) shall confidential, such reports shall not be United States is a party (including grand serve at the cost and expense of filed in the public docket of the Court. jury proceedings), or for the purpose of defendants pursuant to a written I. The Monitoring Trustee(s) shall securing compliance with this Final agreement with defendants and on such serve for at least six (6) months after the Judgment, or as otherwise required by terms and conditions as the United divestiture of the Divestiture Assets is law. States approves, including finalized pursuant to either Section IV, D. If at the time information or confidentiality requirements and V and/or VI of this Final Judgment. The documents are furnished by defendants conflict of interest certifications. The United States, in its sole discretion, may to the United States, defendants compensation of the Monitoring extend this time period. represent and identify in writing the J. If the United States determines that Trustee(s) and any consultants, material in any such information or accountants, attorneys, and other agents the Monitoring Trustee(s) have ceased to documents to which a claim of retained by the Monitoring Trustee(s) act or failed to act diligently or in a protection may be asserted under Rule shall be on reasonable and customary reasonably cost-effective manner, it may 26(c)(1)(G) of the Federal Rules of Civil terms commensurate with the recommend the Court appoint substitute Procedure, and defendants mark each individuals’ experience and Monitoring Trustee(s). pertinent page of such material, responsibilities. If the Monitoring XII. COMPLIANCE INSPECTION ‘‘Subject to claim of protection under Trustee(s) and defendants are unable to Rule 26(c)(1)(G) of the Federal Rules of reach agreement on the Monitoring A. For the purposes of determining or Civil Procedure,’’ then the United States Trustee(s)’ or any agents’ or consultants’ securing compliance with this Final shall give defendants ten (10) calendar compensation or other terms and Judgment, or of any related orders such conditions of engagement within as any Asset Preservation Stipulation days’ notice prior to divulging such fourteen (14) calendar days of and Order, or of determining whether material in any legal proceeding (other appointment of the Monitoring the Final Judgment should be modified than a grand jury proceeding). Trustee(s), the United States may, in its or vacated, and subject to any legally XIII. NO REACQUISITION sole discretion, take appropriate action, recognized privilege, from time to time including making a recommendation to authorized representatives of the United Defendants may not reacquire any the Court. The Monitoring Trustee(s) States Department of Justice, including part of the Divestiture Assets during the shall, within three (3) business days of consultants and other persons retained term of this Final Judgment. hiring any consultants, accountants, by the United States, shall, upon written XIV. RETENTION OF JURISDICTION attorneys, or other agents, provide request of an authorized representative written notice of such hiring and the of the Assistant Attorney General in This Court retains jurisdiction to rate of compensation to defendants and charge of the Antitrust Division, and on enable any party to this Final Judgment the United States. reasonable notice to defendants, be to apply to this Court at any time for F. The Monitoring Trustee(s) shall permitted: further orders and directions as may be have no responsibility or obligation for (1) access during defendants’ office necessary or appropriate to carry out or the operation of defendants’ businesses. hours to inspect and copy, or at the construe this Final Judgment, to modify G. Defendants shall use their best option of the United States, to require any of its provisions, to enforce efforts to assist the Monitoring defendants to provide hard copy or compliance, and to punish violations of Trustee(s) in monitoring defendants’ electronic copies of, all books, ledgers, its provisions. compliance with their individual accounts, records, data, and documents obligations under this Final Judgment in the possession, custody, or control of XV. EXPIRATION OF FINAL and under the Asset Preservation defendants, relating to any matters JUDGMENT Stipulation and Order. The Monitoring contained in this Final Judgment; and Unless this Court grants an extension, Trustee(s) and any consultants, (2) to interview, either informally or this Final Judgment shall expire ten accountants, attorneys, and other agents on the record, defendants’ officers, years from the date of its entry. retained by the Monitoring Trustee(s) employees, or agents, who may have shall have full and complete access to their individual counsel present, XVI. PUBLIC INTEREST the personnel, books, records, and regarding such matters. The interviews DETERMINATION facilities relating to compliance with shall be subject to the reasonable Entry of this Final Judgment is in the this Final Judgment, subject to convenience of the interviewee and public interest. The parties have reasonable protection for trade secret or without restraint or interference by complied with the requirements of the other confidential research, defendants. development, or commercial B. Upon the written request of an Antitrust Procedures and Penalties Act, information or any applicable authorized representative of the 15 U.S.C. 16, including making copies privileges. Defendants shall take no Assistant Attorney General in charge of available to the public of this Final action to interfere with or to impede the the Antitrust Division, defendants shall Judgment, the Competitive Impact Monitoring Trustee(s)’ accomplishment submit written reports or response to Statement, and any comments thereon of their responsibilities. written interrogatories, under oath if and the United States’ responses to H. After their appointment, the requested, relating to any of the matters comments. Based upon the record Monitoring Trustee(s) shall file reports contained in this Final Judgment as may before the Court, which includes the monthly, or more frequently as needed, be requested. Competitive Impact Statement and any with the United States and, as C. No information or documents comments and response to comments appropriate, the Court setting forth obtained by the means provided in this filed with the Court, entry of this Final defendants’ efforts to comply with their section shall be divulged by the United Judgment is in the public interest. obligations under this Final Judgment States to any person other than an Date: llllllllllllllllll

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Court approval subject to procedures of and sell those products. Dow Chemical approximately $18 billion in revenue), Antitrust Procedures and Penalties Act, 15 is required to divest its Freeport, Texas another on material sciences U.S.C. § 16 acid copolymers and ionomers (approximately $51 billion in revenue), lllllllllllllllllllll manufacturing unit and associated and a third on ‘‘specialty’’ products, United States District Judge assets. Under the terms of the Asset such as organic light-emitting diodes United States District Court for The Preservation Stipulation and Order, and building wrap (approximately $13 District of Columbia DuPont and Dow Chemical will also billion in revenue). take certain steps to ensure that the United States of America, State of Iowa, B. Crop Protection Chemicals State of Mississippi and State of Montana, divestiture assets are operated as Plaintiffs, v. The Dow Chemical Company competitively independent, 1. Background and E.I. Du Pont de Nemours and Company, economically viable, and ongoing Crop protection chemicals are used to Defendants. business concerns; that they remain protect crops from damage or loss from Case No.: 1:17–cv–01176 uninfluenced by the consummation of other biological organisms such as Judge: Amit Mehta the acquisition; and that competition is weeds, insects, or disease (e.g., fungus). COMPETITIVE IMPACT STATEMENT maintained during the pendency of the Crop protection chemicals are critical to ordered divestiture. Plaintiff United States of America protecting crop yield—the total amount The plaintiffs and defendants have of a crop produced at each harvest— (‘‘United States’’), pursuant to Section stipulated that the proposed Final 2(b) of the Antitrust Procedures and which benefits farmers and American Judgment may be entered after consumers. Crop protection chemicals Penalties Act (‘‘APPA’’ or ‘‘Tunney compliance with the APPA. Entry of the Act’’), 15 U.S.C. 16(b)–(h), files this can be separated into three broad proposed Final Judgment would categories that have different qualities Competitive Impact Statement relating terminate this action, except that the to the proposed Final Judgment and attributes: Herbicides (to combat Court would retain jurisdiction to weeds); insecticides (to combat insect submitted for entry in this civil antitrust construe, modify, or enforce the proceeding. pests); and fungicides (to combat provisions of the proposed Final microbial disease). I. NATURE AND PURPOSE OF THE Judgment and to punish violations The key component of any particular PROCEEDING thereof. crop protection chemical is the ‘‘active In December 2015, The Dow Chemical II. DESCRIPTION OF THE EVENTS ingredient,’’ which is the chemical Company (‘‘Dow Chemical’’) and E.I. du GIVING RISE TO THE ALLEGED molecule that produces the desired Pont de Nemours and Company VIOLATION effect against the targeted weed or insect pest. Crop protection chemicals are (‘‘DuPont’’) announced that they had A. The Defendants and the Proposed typically sold as ‘‘formulated products’’ agreed to a merger of equals in a deal Transaction estimated to be valued at over $130 that contain the active ingredient and billion. If consummated, the merged Dow Chemical, founded in 1897, is also inactive ingredients such as entity would be one of the largest headquartered in Midland, Michigan, solvents, fillers, and adjuvants used to chemical companies in the world. operates in approximately 180 stabilize the active ingredient and Plaintiffs filed a civil antitrust countries, and employs over 50,000 facilitate its effective use on the Complaint on June 15, 2017, seeking to people worldwide. In 2016, Dow intended crops. enjoin the proposed acquisition. The Chemical had revenues of Both active ingredients and Complaint alleges that the acquisition approximately $48 billion. Dow formulated products must be registered would likely reduce or eliminate Chemical’s primary lines of business are with the U.S. Environmental Protection competition in the markets for broadleaf chemical, plastic, and agricultural Agency (‘‘EPA’’) and approved for use. herbicides for winter wheat and products and services. Dow Chemical’s In order to gain approval, products must chewing pest insecticides, and tend to products are used in various industries, meet stringent toxicity and efficacy create a monopoly in the markets for ranging from agriculture to consumer standards. Approvals are granted on a acid copolymers and ionomers, in the goods. crop-by-crop basis and contain strict United States in violation of Section 7 DuPont, founded in 1802, is dosage requirements. A farmer wishing of the Clayton Act, 15 U.S.C. 18. That headquartered in Wilmington, to control a certain pest on his or her loss of competition likely would result Delaware, operates in approximately 90 farm can use only the products and in increased prices and a reduction in countries, and employs more than dose-rates that the EPA has approved for service and innovation for the 60,000 people worldwide. In 2016, the particular crops to which the customers who rely upon these DuPont reported revenues of $24.5 product will be applied. products. billion. DuPont’s primary products The crop protection industry includes At the same time the Complaint was include crop protection chemicals and a handful of large integrated research filed, the Plaintiffs filed a proposed performance products, such as plastics and development firms (including Dow Final Judgment and an Asset and polymers. Chemical and DuPont) that develop, Preservation Stipulation and Order Pursuant to a December 11, 2015 manufacture, and sell crop protection which, together, are designed to agreement, Dow Chemical and DuPont chemicals. While the large research and eliminate the anticompetitive effects of have agreed to an all-stock merger of development firms sometimes sell the acquisition. Under the proposed equals. At the time of the merger directly to farmers, their primary Final Judgment, which is explained announcement, the combined market customers are large distributors and more fully below, DuPont is required to capitalization of the companies was farmer co-ops that resell products to divest its Finesse-formulated herbicide $130 billion. The merger plan farmers. products (active ingredients contemplates spinning off the firms’ Metsulfuron Methyl and Chlorsulfuron combined assets into three separate, a. Broadleaf Herbicides for Winter Methyl), and its Rynaxypyr-formulated publicly-traded companies as soon as Wheat insecticide products, along with the feasible. One of those companies would Both Dow Chemical and DuPont assets used to develop, manufacture, focus on agriculture products (with produce herbicides for winter wheat.

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Winter wheat is a type of grass that is being rejected for sale. Thus, specialty in other countries cannot be offered to planted in autumn and produces an crop farmers are particularly averse to United States customers due to EPA edible grain. In the United States, winter the risk of insect damage when choosing regulations, so they are not competitive wheat is grown primarily in the Great an insecticide. Specialty crop farmers constraints. Plains states, including Kansas, also value selective chemistry A small but significant increase in the Nebraska, and Texas. insecticides because they are less price of broadleaf herbicides sold in the Herbicides are chemicals used to harmful to beneficial insects (such as United States labeled and registered for combat weeds that harm crops. They bees and parasitic wasps) that not only use on winter wheat would not cause can be selective (killing only certain pollinate fruit, but also help to control customers of those herbicides to types of plants) or non-selective. Non- damaging insects, such as mites. In substitute to grass or cross-spectrum selective herbicides kill all plant matter, contrast, broad spectrum chemistries, herbicides, nor would farmers forgo including weeds and the crop. Because such as pyrethroids, kill most of the using herbicides altogether and risk of this, non-selective herbicides are insects in a field, including beneficial weed damage to their crops. As a result, typically used after the crop is ones. Farmers therefore either minimize customers are unlikely to switch away harvested, to clear the field of remaining their use and/or use them towards the from broadleaf herbicides sold in the weeds. Selective herbicides target only end of a growing season. United States in volumes sufficient to weeds, and are applied ‘‘post- DuPont produces the active ingredient defeat such a price increase. emergence,’’ or during the growth of the chlorantraniliprole, which DuPont Accordingly, the development, crop. markets under the trade name, There are three common types of manufacture, and sale of broadleaf Rynaxypyr. Rynaxypyr is one of the best herbicides sold in the United States selective herbicide products: Broadleaf, selling and most effective active grass, and cross-spectrum. Broadleaf labeled and registered for use on winter ingredients used to combat chewing wheat is a line of commerce and herbicides primarily eliminate or pests on the market. Rynaxypyr is suppress broadleaf weeds. Grass relevant market within the meaning of patent-protected until 2022. In the Section 7 of the Clayton Act. herbicides primarily eliminate or United States, Rynaxypyr is marketed suppress grass weeds. Cross-spectrum and sold in formulations under the b. Insecticides for Chewing Pests Sold in herbicides are effective on both grass brand names Altacor, Coragen, and the United States and broadleaf weeds. Each herbicide Prevathon. DuPont’s 2015 U.S. formulation has a different spectrum of insecticides sales totaled $118 million; Insecticides for chewing pests are weeds on which it is effective, so a of that total, Rynaxypyr sales accounted targeted to combat a particular type of farmer chooses an herbicide based on for $73 million. pest, and insecticides for other types of the particular kinds of weeds Dow Chemical manufactures and sells pests cannot, in general, be used as threatening the crop. two active ingredients which are also substitutes. While there are broad- Herbicides are registered with the effective against chewing pests: (1) spectrum insecticides which are EPA for use on particular crops. Because Methoxyfenozide, sold under the brand effective on more than one type of pest, crop choices and weed threats vary from name Intrepid, and (2) spinetoram, sold those insecticides tend to kill farm to farm, the options available to under the brand names Delegate and indiscriminately, including beneficial farmers may vary from location to Radiant. In 2015, Dow Chemical had a insects. Specialty crop farmers in location, depending on the specific total of $165 million in U.S. insecticides California, Washington and elsewhere crop/weed combinations a farmer faces. sales. Of that total, spinetoram sales need beneficial insects such as bees to Dow Chemical and DuPont both offer accounted for $57 million and pollinate their crops. These farmers herbicides that are labeled and methoxyfenozide sales accounted for would not, however, choose to forgo registered for the control of broadleaf $34 million. managing the insect pests which attack weeds in winter wheat crops. DuPont’s their crops, because even slight damage Finesse product is the top broadleaf 2. Relevant Markets can result in an entire harvest being herbicide used to combat the weed a. Broadleaf Herbicides for Winter rejected for sale. spectrum that typically threatens winter Wheat Sold in the United States All insecticides sold in the United wheat crops. Dow Chemical recently To combat broadleaf weeds in winter States must be registered and approved introduced a new broadleaf herbicide by the EPA. Similar products available for winter wheat, called Quelex. wheat, particularly in the central plains of the United States, farmers need in other countries cannot be offered to b. Insecticides for Chewing Pests broadleaf herbicides that are labeled and United States customers due to EPA Dow Chemical and DuPont also sell registered for use on winter wheat. regulations, so they are not competitive insecticides for chewing pests. Farmers of winter wheat cannot use constraints. Insecticides are used to suppress or grass herbicides to combat broadleaf A small but significant increase in the eliminate insect infestations in crops. weeds because they are ineffective. price of chewing pest insecticides sold There are three main classes of insect Farmers would not use cross-spectrum in the United States would not cause pests: (1) Chewing insects (e.g., moth herbicides to combat broadleaf weeds, customers of those insecticides to larvae and beetles); (2) sucking insects as cross-spectrum herbicides are substitute to broad-spectrum (e.g., aphids and stink bugs); and (3) significantly more expensive and, thus, insecticides, nor would farmers forgo thrips (i.e., thunder flies), which have it would not be cost-justified to use using insecticides altogether and risk attributes of both chewing and sucking cross-spectrum herbicides for broadleaf severe pest damage to their whole crop, pests. weeds alone. Farmers would not forgo in volumes sufficient to defeat such a Insecticide use is particularly using broadleaf herbicides altogether, price increase. Accordingly, the important for specialty crop farmers of because doing so would risk significant development, manufacture, and sale of tree fruit, tree nuts, and other fruits and wheat yield losses. chewing pest insecticides sold in the vegetables (‘‘specialty crops’’). Any All herbicides sold in the United United States is a line of commerce and damage to specialty crops, no matter States must be registered and approved relevant market within the meaning of how slight, can result in the fruit or nut by the EPA. Similar products available Section 7 of the Clayton Act.

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3. Anticompetitive Effects of the Competition between Dow Chemical the supply and demand of the products, Proposed Acquisition and DuPont has benefited customers of neither customers nor manufacturers a. Broadleaf Herbicides for Winter chewing pest insecticides through lower can easily switch between acid Wheat prices, more effective solutions, and copolymers and ionomers (two specific superior service. Customers also have types of HiPED resins) and other HiPED Dow Chemical and DuPont are two of benefited from the competition between resins. the four largest suppliers of broadleaf Dow Chemical and DuPont by obtaining 1. Acid Copolymers herbicides for winter wheat crops in the more favorable contract terms, such as United States. Together they account for financing and priority in product Acid copolymers are a specific type of over forty percent of the total market, shipments to coincide with crop HiPED resin manufactured using highly with combined annual sales of $81 growing seasons. A combined Dow acidic input products. In order to million in 2015. Dow Chemical and Chemical and DuPont would have the handle inputs with high acid content, DuPont compete head-to-head for the incentive and ability to eliminate or HiPED resin manufacturers must install development, manufacture, and sale of restrict financial and other incentives to specific corrosion-resistant equipment broadleaf herbicides for winter wheat. customers, extinguishing this that is not used for the manufacture of That competition, which would be lost competition and those tangible and other HiPED resins. Such equipment if the merger is consummated, has valuable benefits to customers. can cost millions of dollars. benefited farmers through lower prices, The proposed merger, therefore, likely Acidic inputs make acid copolymers more effective solutions, and superior would substantially lessen competition both highly adhesive and very durable. service. for the development, manufacture, and As a result, acid copolymers are used to Competition between Dow Chemical sale of chewing pest insecticides, in create strong seals between substrates, and DuPont has also spurred research, violation of Section 7 of the Clayton or ‘‘tie layers,’’ of flexible packaging. development, and marketing of new and Act. This likely would lead to higher Their increased adhesive ability is improved broadleaf herbicides for prices, less favorable contractual terms, particularly necessary in applications winter wheat. For example, Dow and less innovation. where packaging will be exposed to Chemical intends to market its Quelex challenging environments, such as high herbicide, which was recently 4. Difficulty of Entry levels of grease, oil, acid, or dust. introduced into the market, to farmers of The discovery, development, testing, Because of these characteristics, winter wheat that currently use registration, and commercial launch of a packaging films made using acid DuPont’s market-leading Finesse new herbicide or insecticide can take copolymers are ideal for use in the food product. DuPont considered adopting ten to fifteen years and can cost well and beverage industry. Indeed, this competitive responses, including price over $150 million dollars. Given the industry consumes the vast majority of reductions, to protect its market share lengthy development cycle, the high acid copolymers produced, for use in from Dow Chemical’s Quelex herbicide. hurdles and substantial cost of products such as juice boxes, toothpaste The proposed merger, therefore, likely regulatory approval, entry of additional tubes, and meat and cheese wrap, would substantially lessen competition competitors in the market for either among others. Unlike other plastic for the development, manufacture, and broadleaf herbicides for winter wheat or films, food and beverage packaging must sale of broadleaf herbicides for winter chewing pest insecticides is not likely to adhere to strict food safety guidelines, wheat, in violation of Section 7 of the be timely or sufficient to defeat a post- and significant deviations from Clayton Act. This likely would lead to merger price increase. approved formulas must undergo a higher prices, less favorable contractual rigorous requalification process that can terms, and a reduced incentive to spend C. Acid Copolymers and Ionomers take significant time and expense. significant resources in developing new High-pressure ethylene derivatives Both Dow Chemical and DuPont products. (‘‘HiPEDs’’) are plastic resins produced manufacture acid copolymers in the by ‘‘cracking,’’ or breaking down, United States. Dow Chemical b. Insecticides for Chewing Pests petrochemicals into their constituent manufactures acid copolymers in a Dow Chemical and DuPont are the parts and combining them with various dedicated corrosion-resistant facility two largest suppliers of insecticides molecules to produce polymer resins. that is part of its larger chemical used on chewing pests in the United The resulting resins, such as low complex in Freeport, Texas. DuPont States. Together they account for $238 density polyethylene, ethylene vinyl manufactures acid copolymers and million in annual sales. The merger of acetate, acrylate copolymers, grafted other HiPED resins on corrosion- Dow Chemical and DuPont likely would polyolefins, acid copolymers, and resistant manufacturing lines within substantially lessen competition in the ionomers, have different performance facilities located in Sabine, Texas and market for the development, characteristics, such as hardness, Victoria, Texas. manufacture, and sale of chewing pest corrosion resistance or scratch 2. Ionomers insecticides. resistance, depending on the materials If the merger between Dow Chemical used in their construction. Ionomers are another specific type of and DuPont is consummated, the HiPED resins are mixed with other HiPED resin. They are directly derived combined company will control nearly plastic resins to manufacture numerous from acid copolymers and are produced seventy-five percent of the market for plastic products, such as films, bottles, by neutralizing acid copolymers with chewing pest insecticides in the United coatings, and packaging. Customers sodium, zinc, magnesium, or other salts. States. Additionally, Dow Chemical and source particular HiPED resins that meet As a result of this process, ionomers are DuPont’s closest competitor sells their specific needs and requirements hard and durable. When added to a competing products that are mixed with and build their manufacturing process plastic coating, ionomers make the DuPont’s Rynaxypyr, for which the around specific resin combinations that resulting product more impact- and cut- competitor has a license. As a result, give the final product the desired resistant. Ionomers are used in a specialty crop farmers would have little performance characteristics. multitude of applications, such as alternative but to accept increased Unlike most HiPED resins, where decking and automotive parts. Ionomers prices post merger. there is substitution possible for both are preferred for these end uses because

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their superior toughness and impact protective coatings altogether, as either monopoly: Dow Chemical and DuPont resistance protect the underlying choice would significantly decrease the will control over 99 percent of the acid product from the repeated blows it is useful lifespan of the underlying copolymers market in the United States subjected to. products. Most customers therefore post merger, leading to higher prices Both Dow Chemical and DuPont would not switch to another product if and reduced innovation. produce ionomers in the United States. faced with a small but significant and b. Ionomers DuPont manufactures ionomers in-line non-transitory increase in the price of with its acid copolymer production in ionomers. Dow Chemical and DuPont are the Sabine, Texas. Dow Chemical U.S. customers cannot turn to only two manufacturers of ionomers in manufactures acid copolymers in its ionomer suppliers abroad due to taxes, the United States, where the two Freeport, Texas facility and then ships tariffs, logistical costs, and longer lead companies collectively are responsible them to Odessa, Texas, where a third times associated with importing for all sales. Dow Chemical and DuPont party converts them to ionomers. ionomers. Most customers report that it are each other’s only competitor for would take considerably more than a ionomers and customers would have no 3. Relevant Markets small, significant, and non-transitory alternative but to accept increased a. Acid Copolymers increase in price to make European prices post merger. suppliers a viable alternative to Dow Customers have benefited from the Food and beverage packaging competition between Dow Chemical and manufacturers purchase the majority of Chemical and DuPont. A small but significant increase in DuPont. Dow Chemical is the only acid copolymers produced in the United company contesting DuPont’s near- States. These customers rely upon the price for ionomers sold in the United States would not cause customers to monopoly in ionomers. Its presence has superior sealant and adhesive resulted in better pricing and contract characteristics acid copolymers provide turn to another product in sufficient numbers to defeat such a price increase. terms for customers, who otherwise as compared to other HiPED resins. would have no choice but to purchase Additionally, because food and beverage Thus, the development, manufacture, and sale of ionomers in the United from DuPont. Customers also have packaging must adhere to strict food benefited from competition between States constitutes a relevant product safety guidelines, significant deviations Dow Chemical and DuPont to develop market and line of commerce under from approved formulas must undergo a new products from ionomers and new Section 7 of the Clayton Act. rigorous qualification process that can uses for existing ionomer products. take significant time and incur 4. Anticompetitive Effects of the The proposed merger would likely additional costs. Most customers Proposed Transaction substantially lessen competition for the therefore would not switch to another development, manufacture, and sale of a. Acid Copolymers product if faced with a significant and ionomers in violation of Section 7 of the non-transitory increase in the price of Dow Chemical and DuPont are the Clayton Act. The market for ionomers is acid copolymers. only two manufacturers of acid highly concentrated and the proposed Customers have consistently reported copolymers in the United States. Dow merger would result in a monopoly, that purchasing acid copolymers abroad Chemical controls over 80 percent of the leading to higher prices and reduced is not a realistic option for domestic U.S. market and DuPont is responsible innovation. purchasers, due to taxes, tariffs, for 19 percent of sales (less than one 5. Difficulty of Entry logistical costs, and the longer lead tenth of one percent of acid copolymers times associated with importing acid are imported). The merger of the only a. Acid Copolymers copolymers. Most customers report that U.S. manufacturers of these products In addition to the specialized it would take considerably more than a would leave customers with little equipment required to produce ethylene small, significant, and non-transitory alternative but to accept increased derivatives generally, acid copolymer increase in price to make European prices post merger. manufacturing requires a high-pressure suppliers a viable alternative to Dow As a result of head-to-head autoclave and all equipment surfaces Chemical and DuPont. competition between Dow Chemical and must be coated with a corrosion- A small but significant increase in DuPont, customers have obtained better resistant material. Only Dow Chemical price for acid copolymers sold in the pricing, service, and contract terms. In and DuPont have both high-pressure United States would not cause some cases, customers report that Dow autoclaves and corrosion-resistant customers to turn to another product in Chemical and DuPont have competed to equipment. The cost associated with sufficient numbers to defeat such a price assist customers with the development upgrading an existing ethylene increase. Thus, the development, of new uses for existing acid copolymer derivative manufacturing operation to manufacture, and sale of acid products, allowing customers to expand produce acid copolymers is estimated to copolymers in the United States sales and better serve their own be in the millions of dollars. If the constitutes a relevant product market consumers. Customers also have merged firm were to raise prices, timely and line of commerce under Section 7 benefited from the development of new and sufficient entry is unlikely to deter of the Clayton Act. acid copolymer products, which has or counteract competitive harm. been spurred on by competition b. Ionomers between Dow Chemical and DuPont. b. Ionomers Customers purchase ionomers for the The proposed merger would likely The manufacturing of ionomers superior impact- and cut-resistance substantially lessen competition for the requires specialized know-how as well characteristics that are not available in development, manufacture, and sale of as ready and reliable access to acid other HiPED resins. These customers acid copolymers in violation of Section copolymers, a key input into ionomer rely on the hardness and resilience that 7 of the Clayton Act. The U.S. market manufacturing. Post merger, Dow an ionomer-based coating provides as for acid copolymers is highly Chemical and DuPont will effectively compared to other coatings. Customers concentrated and would become control the entire U.S. market for acid cannot switch to other, less resilient, significantly more concentrated as a copolymers. As such, even if a third coatings and cannot forgo the use of result of the proposed merger to party has the technical capability to

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manufacture ionomers, it would be accomplish the divestitures quickly and agreement shall be in effect for one (1) limited by the amount of acid shall cooperate with prospective year after all necessary regulatory copolymers it could obtain on the open purchasers. approvals have been granted by market—a market primarily controlled Pursuant to Paragraphs IV(A) and jurisdictions where the Finesse- by the merged entity. Because of the V(A) of the proposed Final Judgment, formulated products and the specialized know-how and the likely both the Crop Protection Divestiture and Rynaxypyr-formulated products are foreclosure of access to a key ingredient, Material Science Divestiture must be currently registered. During the term of if the merged firm were to raise prices, completed within thirty (30) days after the formulation services agreement, timely and sufficient entry would be the consummation of the merger of Dow defendants shall implement and unlikely to deter or counteract Chemical and DuPont, or sixty (60) days maintain procedures to preclude the competitive harm. after notice of the entry of the Final sharing of information between Judgment by the Court, whichever is defendants and the Acquirer. The III. EXPLANATION OF THE later. Each divestiture package remedies United States, in its sole discretion, may PROPOSED FINAL JUDGMENT a separate competitive harm alleged in approve an extension of the formulation The divestitures required by the the complaint and must be sold to an services agreement for a period not to proposed Final Judgment will eliminate Acquirer that will operate the business exceed two (2) years. the anticompetitive effects of the merger as a viable, ongoing business. The two Paragraph V(G) provides that the between Dow Chemical and DuPont by asset packages relate to different Acquirer of the Material Science establishing two new, independent, and industries with different customers, Divestiture Assets may contract with the economically viable competitors. The market conditions, and required defendants for the provision of Crop Protection Divestiture Assets expertise. In order to ensure that the operating services that include the include DuPont’s Finesse-formulated each divestiture package is operated as operation of process controls at the acid herbicide products, which contain the a viable, ongoing business, the Crop copolymer production facility under the active ingredients Metsulfuron Methyl Protection and Material Science management and supervision of the and Chlorsulfuron Methyl, and its Divestiture Assets will likely be sold to Acquirer. The Acquirer of the Material Rynaxypyr-formulated insecticide different Acquirers. Science Divestiture Assets may choose products, along with the assets which These divestiture periods are longer to enter an operating services agreement facilitate the development, manufacture, than those often found in Antitrust with the defendants because the and sale of those products. The Material Division consent decrees, but are Material Science Divestiture Assets are Science Divestiture Assets include warranted in this case. Transfer of the located within a significantly larger Dow’s Freeport, Texas acid copolymers Crop Protection Divestiture Assets and chemical complex in Freeport, Texas and ionomers manufacturing unit and the Material Science Divestiture Assets where such services can be more associated assets. Both of these are both subject to numerous efficiently provided across multiple divestitures must be sold as viable government approvals, including facilities. Dow offers similar services on ongoing businesses. approvals from authorities outside the an arms-length basis to other firms that Prior to divestiture, defendants must United States. The longer divestiture own manufacturing assets within the maintain the Crop Protection Divestiture period allows defendants and the larger chemical complex in Freeport, Assets and Material Science Divestiture Acquirer(s) to obtain these regulatory Texas. During the term of the operating Assets under an Asset Preservation approvals, but still ensures that the services agreement, defendants shall Stipulation and Order (‘‘APSO’’). Under divestitures are made as quickly as implement and maintain procedures to the APSO, defendants must preserve, possible, thus reducing the risk that the preclude the sharing of information maintain, and continue to operate both assets will decrease in value. between defendants and the Acquirer. sets of assets as ongoing, economically Paragraph IV(G) provides that the Given the complexity of these viable competitive product lines. This Acquirer of the Crop Protection industries, Section XI of the proposed includes the requirement that Divestiture Assets may contract with the Final Judgment also provides that the defendants appoint a person or persons defendants for the provision of United States may appoint a Monitoring to oversee the Crop Protection and formulation services for a transitional Trustee(s). Because of the size and Material Science Divestiture Assets. period. Formulation is the process of complexity of the divestitures, separate This person or persons shall have adding inert chemicals to the active Monitoring Trustees are required for the complete managerial responsibility for ingredients that provide the efficacy of Crop Protection Divestiture Assets and each asset package, subject to the crop protection products. Providers of Material Science Divestiture Assets. The provisions of the proposed Final crop protection products routinely use Monitoring Trustees will have the Judgment, and shall make all business third parties for formulation services in power and authority to investigate and decisions relating to the operation of the order to optimize supply chains and report on the defendants’ compliance assets, including all production, sale, minimize shipping costs on completed with the terms of the proposed Final pricing, and discounting decisions, products. However, formulation services Judgment and the APSO during the independent of defendants. must be provided at a facility that has pendency of the divestiture, including The assets must also be divested in received the appropriate regulatory the ability to hire at the cost and such a way as to satisfy the United approvals in the United States (through expense of defendants any consultants, States in its sole discretion, that each the United States Environmental accountants, attorneys, or other agents business can and will be operated by the Protection Agency) and abroad, a necessary in the Monitoring Trustees’ Acquirers as viable, ongoing businesses process that may be time-consuming. judgment. The Monitoring Trustees that can compete effectively in the So, the Acquirer of the Crop Protection would not have any responsibility or relevant markets (in the case of the Crop Divestiture Assets may choose to enter obligation for the operation of the Protection Divestiture Assets, the a formulation services agreement with parties’ businesses. The Monitoring United States will exercise its discretion the defendants prior to being in a Trustees will serve at defendants’ after consultation with the Plaintiff position to formulate the acquired expense, on such terms and conditions States). Defendants must take all products at an approved facility of its as the United States approves, and reasonable steps necessary to own choosing. The formulation services defendants must assist the trustees in

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fulfilling their obligations. The Judgment may be entered by the Court substantially all of the relief the Monitoring Trustees will file monthly after compliance with the provisions of plaintiffs would have obtained through reports and will serve for at least six (6) the APPA, provided that the United litigation, but avoids the time, expense, months following the divestiture of all States has not withdrawn its consent. and uncertainty of a full trial on the Divestiture Assets, a period which may The APPA conditions entry upon the merits of the Complaint. be extended by the United States, in its Court’s determination that the proposed sole discretion. Final Judgment is in the public interest. VII. STANDARD OF REVIEW UNDER Finally, in the event that defendants The APPA provides a period of at THE APPA FOR THE PROPOSED do not accomplish the divestiture least sixty (60) days preceding the FINAL JUDGMENT within the periods prescribed in effective date of the proposed Final The Clayton Act, as amended by the Paragraphs IV(A) and V(A) of the Judgment within which any person may APPA, requires that proposed consent proposed Final Judgment, Section VI of submit to the United States written judgments in antitrust cases brought by the proposed Final Judgment provides comments regarding the proposed Final the United States be subject to a sixty- that the Court will appoint a trustee Judgment. Any person who wishes to day comment period, after which the selected by the United States to effect comment should do so within sixty (60) court shall determine whether entry of the divestiture. If a trustee is appointed, days of the date of publication of this the proposed Final Judgment ‘‘is in the the proposed Final Judgment provides Competitive Impact Statement in the public interest.’’ 15 U.S.C. 16(e)(1). In that defendants will pay all costs and Federal Register, or the last date of making that determination, the court, in expenses of the trustee. The trustee’s publication in a newspaper of the accordance with the statute as amended commission will be structured so as to summary of this Competitive Impact in 2004, is required to consider: provide an incentive for the trustee Statement, whichever is later. All based on the price obtained and the comments received during this period (A) the competitive impact of such speed with which the divestiture is will be considered by the United States judgment, including termination of alleged accomplished. After his or her Department of Justice, which remains violations, provisions for enforcement and appointment becomes effective, the free to withdraw its consent to the modification, duration of relief sought, trustee will file monthly reports with proposed Final Judgment at any time anticipated effects of alternative remedies the Court and the United States setting prior to the Court’s entry of judgment. actually considered, whether its terms are forth his or her efforts to accomplish the The comments and the response of the ambiguous, and any other competitive divestiture. At the end of six (6) months, United States will be filed with the considerations bearing upon the adequacy of if the divestiture has not been Court. In addition, comments will be such judgment that the court deems accomplished, the trustee and the posted on the U.S. Department of necessary to a determination of whether the consent judgment is in the public interest; United States will make Justice, Antitrust Division’s internet and recommendations to the Court, which Web site and, under certain (B) the impact of entry of such judgment shall enter such orders as appropriate, circumstances, published in the Federal upon competition in the relevant market or in order to carry out the purpose of the Register. markets, upon the public generally and trust, including extending the trust or Written comments should be individuals alleging specific injury from the the term of the trustee’s appointment. submitted to: The divestiture provisions of the violations set forth in the complaint Maribeth Petrizzi, Chief, Litigation II proposed Final Judgment will eliminate including consideration of the public benefit, Section, Antitrust Division, United the anticompetitive effects of the if any, to be derived from a determination of States Department of Justice, 450 Fifth acquisition in the provision of broadleaf the issues at trial. Street NW., Suite 8700, Washington, DC herbicides for winter wheat, insecticides 20530 15 U.S.C. 16(e)(1)(A) & (B). In for chewing pests, acid copolymers, and considering these statutory factors, the ionomers in the United States. The proposed Final Judgment provides that the Court retains jurisdiction over court’s inquiry is necessarily a limited IV. REMEDIES AVAILABLE TO this action, and the parties may apply to one as the government is entitled to POTENTIAL PRIVATE LITIGANTS the Court for any order necessary or ‘‘broad discretion to settle with the Section 4 of the Clayton Act, 15 appropriate for the modification, defendant within the reaches of the U.S.C. 15, provides that any person who interpretation, or enforcement of the public interest.’’ United States v. has been injured as a result of conduct Final Judgment. Microsoft Corp., 56 F.3d 1448, 1461 prohibited by the antitrust laws may (D.C. Cir. 1995); see generally United VI. ALTERNATIVES TO THE States v. SBC Commc’ns, Inc., 489 F. bring suit in federal court to recover PROPOSED FINAL JUDGMENT three times the damages the person has Supp. 2d 1 (D.D.C. 2007) (assessing suffered, as well as costs and reasonable The plaintiffs considered, as an public interest standard under the attorneys’ fees. Entry of the proposed alternative to the proposed Final Tunney Act); United States v, U.S. Final Judgment will neither impair nor Judgment, a full trial on the merits Airways Group, Inc., 38 F. Supp. 3d 69, assist the bringing of any private against defendants. The plaintiffs could 75 (D.D.C. 2014) (noting the court has antitrust damage action. Under the have continued the litigation and sought broad discretion of the adequacy of the provisions of Section 5(a) of the Clayton preliminary and permanent injunctions relief at issue); United States v. InBev Act, 15 U.S.C. 16(a), the proposed Final against the merger between Dow N.V./S.A., No. 08–1965 (JR), 2009–2 Judgment has no prima facie effect in Chemical and DuPont. The plaintiffs are Trade Cas. (CCH) ¶ 76,736, 2009 U.S. any subsequent private lawsuit that may satisfied, however, that the divestiture Dist. LEXIS 84787, at *3, (D.D.C. Aug. be brought against defendants. of assets described in the proposed 11, 2009) (noting that the court’s review Final Judgment will preserve of a consent judgment is limited and V. PROCEDURES AVAILABLE FOR competition in the markets for broadleaf only inquires ‘‘into whether the MODIFICATION OF THE PROPOSED herbicides for winter wheat, insecticides government’s determination that the FINAL JUDGMENT for chewing pests, acid copolymers, and proposed remedies will cure the The plaintiffs and defendants have ionomers. Thus, the proposed Final antitrust violations alleged in the stipulated that the proposed Final Judgment would achieve all or complaint was reasonable, and whether

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the mechanism to enforce the final Commc’ns, 489 F. Supp. 2d at 17; see depends entirely on the government’s judgment are clear and manageable.’’).1 also U.S. Airways, 38 F. Supp. 3d at 75 exercising its prosecutorial discretion by As the United States Court of Appeals (noting that a court should not reject the bringing a case in the first place,’’ it for the District of Columbia Circuit has proposed remedies because it believes follows that ‘‘the court is only held, under the APPA a court considers, others are preferable); Microsoft, 56 F.3d authorized to review the decree itself,’’ among other things, the relationship at 1461 (noting the need for courts to be and not to ‘‘effectively redraft the between the remedy secured and the ‘‘deferential to the government’s complaint’’ to inquire into other matters specific allegations set forth in the predictions as to the effect of the that the United States did not pursue. government’s complaint, whether the proposed remedies’’); United States v. Microsoft, 56 F.3d at 1459–60. As this decree is sufficiently clear, whether Archer-Daniels-Midland Co., 272 F. court recently confirmed in SBC enforcement mechanisms are sufficient, Supp. 2d 1, 6 (D.D.C. 2003) (noting that Communications, courts ‘‘cannot look and whether the decree may positively the court should grant due respect to the beyond the complaint in making the harm third parties. See Microsoft, 56 United States’ prediction as to the effect public interest determination unless the F.3d at 1458–62. With respect to the of proposed remedies, its perception of complaint is drafted so narrowly as to adequacy of the relief secured by the the market structure, and its views of make a mockery of judicial power.’’ SBC decree, a court may not ‘‘engage in an the nature of the case). Commc’ns, 489 F. Supp. 2d at 15. unrestricted evaluation of what relief Courts have greater flexibility in In its 2004 amendments, Congress would best serve the public.’’ United approving proposed consent decrees made clear its intent to preserve the States v. BNS, Inc., 858 F.2d 456, 462 than in crafting their own decrees practical benefits of utilizing consent (9th Cir. 1988) (quoting United States v. following a finding of liability in a decrees in antitrust enforcement, adding Bechtel Corp., 648 F.2d 660, 666 (9th litigated matter. ‘‘[A] proposed decree the unambiguous instruction that Cir. 1981)); see also Microsoft, 56 F.3d must be approved even if it falls short ‘‘[n]othing in this section shall be at 1460–62; United States v. Alcoa, Inc., of the remedy the court would impose construed to require the court to 152 F. Supp. 2d 37, 40 (D.D.C. 2001); on its own, as long as it falls within the conduct an evidentiary hearing or to InBev, 2009 U.S. Dist. LEXIS 84787, at range of acceptability or is ‘within the require the court to permit anyone to *3. Courts have held that: reaches of public interest.’ ’’ United intervene.’’ 15 U.S.C. § 16(e)(2); see also States v. Am. Tel. & Tel. Co., 552 F. [t]he balancing of competing social and U.S. Airways, 38 F. Supp. 3d at 75 Supp. 131, 151 (D.D.C. 1982) (citations (indicating that a court is not required political interests affected by a proposed omitted) (quoting United States v. antitrust consent decree must be left, in the to hold an evidentiary hearing or to first instance, to the discretion of the Gillette Co., 406 F. Supp. 713, 716 (D. permit intervenors as part of its review Attorney General. The court’s role in Mass. 1975)), aff’d sub nom. Maryland under the Tunney Act). The language protecting the public interest is one of v. United States, 460 U.S. 1001 (1983); wrote into the statute what Congress insuring that the government has not see also U.S. Airways, 38 F. Supp. 3d at intended when it enacted the Tunney breached its duty to the public in consenting 74 (noting that room must be made for Act in 1974, as Senator Tunney to the decree. The court is required to the government to grant concessions in determine not whether a particular decree is explained: ‘‘[t]he court is nowhere the negotiation process for settlements compelled to go to trial or to engage in the one that will best serve society, but (citing Microsoft, 56 F.3d at 1461); whether the settlement is ‘‘within the reaches extended proceedings which might have United States v. Alcan Aluminum Ltd., the effect of vitiating the benefits of of the public interest.’’ More elaborate 605 F. Supp. 619, 622 (W.D. Ky. 1985) requirements might undermine the prompt and less costly settlement (approving the consent decree even effectiveness of antitrust enforcement by through the consent decree process.’’ though the court would have imposed a consent decree. 119 Cong. Rec. 24,598 (1973) (statement greater remedy). To meet this standard, of Sen. Tunney). Rather, the procedure Bechtel, 648 F.2d at 666 (emphasis the United States ‘‘need only provide a 2 for the public interest determination is added) (citations omitted). In factual basis for concluding that the left to the discretion of the court, with determining whether a proposed settlements are reasonably adequate the recognition that the court’s ‘‘scope settlement is in the public interest, a remedies for the alleged harms.’’ SBC of review remains sharply proscribed by district court ‘‘must accord deference to Commc’ns, 489 F. Supp. 2d at 17. the government’s predictions about the Moreover, the court’s role under the precedent and the nature of Tunney Act efficacy of its remedies, and may not APPA is limited to reviewing the proceedings.’’ SBC Commc’ns, 489 F. 3 require that the remedies perfectly remedy in relationship to the violations Supp. 2d at 11. A court can make its match the alleged violations.’’ SBC that the United States has alleged in its public interest determination based on Complaint, and does not authorize the the competitive impact statement and 1 The 2004 amendments substituted ‘‘shall’’ for court to ‘‘construct [its] own ‘‘may’’ in directing relevant factors for court to hypothetical case and then evaluate the 3 See United States v. Enova Corp., 107 F. Supp. consider and amended the list of factors to focus on 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney competitive considerations and to address decree against that case.’’ Microsoft, 56 Act expressly allows the court to make its public potentially ambiguous judgment terms. Compare 15 F.3d at 1459; see also U.S. Airways, 38 interest determination on the basis of the U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); F. Supp. 3d at 74 (noting that the court competitive impact statement and response to see also SBC Commc’ns, 489 F. Supp. 2d at 11 must simply determine whether there is comments alone’’); United States v. Mid-Am. (concluding that the 2004 amendments ‘‘effected Dairymen, Inc., No. 73–CV–681–W–1, 1977–1 Trade minimal changes’’ to Tunney Act review). a factual foundation for the Cas. (CCH) ¶ 61,508, at 71,980, *22 (W.D. Mo. 1977) 2 Cf. BNS, 858 F.2d at 464 (holding that the government’s decisions such that its (‘‘Absent a showing of corrupt failure of the court’s ‘‘ultimate authority under the [APPA] is conclusions regarding the proposed government to discharge its duty, the Court, in limited to approving or disapproving the consent settlements are reasonable; InBev, 2009 making its public interest finding, should . . . decree’’); United States v. Gillette Co., 406 F. Supp. carefully consider the explanations of the 713, 716 (D. Mass. 1975) (noting that, in this way, U.S. Dist. LEXIS 84787, at *20 (‘‘the government in the competitive impact statement the court is constrained to ‘‘look at the overall ‘public interest’ is not to be measured by and its responses to comments in order to picture not hypercritically, nor with a microscope, comparing the violations alleged in the determine whether those explanations are but with an artist’s reducing glass’’). See generally complaint against those the court reasonable under the circumstances.’’); S. Rep. No. Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the 93–298, at 6 (1973) (‘‘Where the public interest can remedies [obtained in the decree are] so believes could have, or even should be meaningfully evaluated simply on the basis of inconsonant with the allegations charged as to fall have, been alleged’’). Because the briefs and oral arguments, that is the approach that outside of the ‘reaches of the public interest’ ’’). ‘‘court’s authority to review the decree should be utilized.’’).

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response to public comments alone. —Evaluate whether the proposed Management Division, Policy and U.S. Airways, 38 F. Supp. 3d at 75. collection of information is necessary Planning Staff, Two Constitution for the proper performance of the Square, 145 N Street NE., 3E.405B, VIII. DETERMINATIVE DOCUMENTS functions of the Bureau of Justice Washington, DC 20530. There are no determinative materials Statistics, including whether the Dated: June 21, 2017. or documents within the meaning of the information will have practical utility; Melody D. Braswell, APPA that were considered by the —Evaluate the accuracy of the agency’s United States in formulating the estimate of the burden of the Department Clearance Officer for PRA, U.S. Department of Justice. proposed Final Judgment. proposed collection of information, [FR Doc. 2017–13251 Filed 6–23–17; 8:45 am] Dated: June 15, 2017 including the validity of the BILLING CODE 4410–30–P Respectfully submitted, methodology and assumptions used; —Evaluate whether and if so how the /s/ lllllllllllllllllll quality, utility, and clarity of the Lowell R. Stern (DC Bar #440487) DEPARTMENT OF LABOR United States Department of Justice, information to be collected can be enhanced; and Antitrust Division, Litigation II Section, 450 Office of the Secretary Fifth Street NW., Suite 8700, Washington, DC —Minimize the burden of the collection of information on those who are to 20530, (202) 514–3676, (202) 514–9033 Agency Information Collection (Facsimile), [email protected]. respond, including through the use of Activities; Submission for OMB appropriate automated, electronic, [FR Doc. 2017–13326 Filed 6–23–17; 8:45 am] Review; Comment Request; Report on mechanical, or other technological BILLING CODE P Occupational Employment and Wages collection techniques or other forms of information technology, e.g., ACTION: Notice. DEPARTMENT OF JUSTICE permitting electronic submission of responses. SUMMARY: The Department of Labor [OMB Number 1125–0005] (DOL) is submitting the Bureau of Labor Overview of This Information Statistics (BLS) sponsored information Agency Information Collection Collection: Activities; Proposed Collection; collection request (ICR) revision titled, 1. Type of Information Collection: Comments Requested; Request To Be ‘‘Report on Occupational Employment Revision of a currently approved Included on the List of Pro Bono Legal and Wages,’’ to the Office of collection. Service Providers for Individuals in Management and Budget (OMB) for 2. The Title of the Form/Collection: review and approval for use in Immigration Proceedings (Form EOIR– Request to be Included on the List of Pro 56) accordance with the Paperwork Bono Legal Service Providers for Reduction Act (PRA) of 1995. Public AGENCY: Executive Office for Individuals in Immigration Proceedings. comments on the ICR are invited. 3. The agency form number: EOIR–56 Immigration Review, Department of DATES: The OMB will consider all Justice. (OMB #1125–0015). 4. Affected public who will be asked written comments that agency receives ACTION: 60-day notice. or required to respond, as well as a brief on or before July 26, 2017. ADDRESSES: A copy of this ICR with SUMMARY: The Department of Justice abstract: (DOJ), Executive Office for Immigration Primary: Legal service providers applicable supporting documentation; Review (EOIR), will be submitting the seeking to be included on the List of Pro including a description of the likely following information collection request Bono Legal Service Providers (‘‘List’’), a respondents, proposed frequency of to the Office of Management and Budget list of persons who have indicated their response, and estimated total burden (OMB) for review and approval in availability to represent aliens on a pro may be obtained free of charge from the accordance with the Paperwork bono basis. Abstract: EOIR seeks to RegInfo.gov Web site at http:// Reduction Act of 1995. replace the current paper version of the www.reginfo.gov/public/do/ EOIR Forms-56, with an electronic PRAViewICR?ref_nbr=201705-1220-003 DATES: Comments are encouraged and system to make an initial application (this link will only become active on the will be accepted for 60 days until day following publication of this notice) August 25, 2017. and apply for continued participation in the List. Form EOIR–56 will be or by contacting Michel Smyth by FOR FURTHER INFORMATION CONTACT: If mandatory, and is intended to elicit, in telephone at 202–693–4129, TTY 202– you have additional comments a uniform manner, all of the required 693–8064, (these are not toll-free especially on the estimated public information for EOIR to determine numbers) or sending an email to DOL_ burden or associated response time, whether an applicant meets the [email protected]. suggestions, or need a copy of the eligibility requirements for inclusion on Submit comments about this request proposed information collection the List. by mail to the Office of Information and instrument with instructions or 5. An estimate of the total number of Regulatory Affairs, Attn: OMB Desk additional information, please contact respondents and the amount of time Officer for DOL–BLS, Office of Jean King, General Counsel, USDOJ– estimated for an average respondent to Management and Budget, Room 10235, EOIR–OGC, Suite 2600, 5107 Leesburg respond: It is estimated that 161 725 17th Street NW., Washington, DC Pike, Falls Church, Virginia, 20530; respondents will complete each form 20503; by Fax: 202–395–5806 (this is telephone: (703) 305–0470. within approximately 30 minutes. not a toll-free number); or by email: SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public [email protected]. comments and suggestions from the burden (in hours) associated with the Commenters are encouraged, but not public and affected agencies concerning collection: 80.5 annual burden hours. required, to send a courtesy copy of any the proposed collection of information If additional information is required comments by mail or courier to the U.S. are encouraged. Your comments should contact: Melody D. Braswell, Department of Labor-OASAM, Office of address one or more of the following Department Clearance Officer, United the Chief Information Officer, Attn: four points: States Department of Justice, Justice Departmental Information Compliance

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Management Program, Room N1301, Information and Regulatory Affairs at SUMMARY: The Department of Labor 200 Constitution Avenue NW., the address shown in the ADDRESSES (DOL) is submitting the Mine Safety and Washington, DC 20210; or by email: section within thirty (30) days of Health Administration (MSHA) [email protected]. publication of this notice in the Federal sponsored information collection FOR FURTHER INFORMATION CONTACT: Register. In order to help ensure request (ICR) titled, ‘‘Records of Tests Contact Michel Smyth by telephone at appropriate consideration, comments and Examinations of Mine Personnel 202–693–4129, TTY 202–693–8064, should mention OMB Control Number Hoisting Equipment,’’ to the Office of (these are not toll-free numbers) or 1220–0042. The OMB is particularly Management and Budget (OMB) for sending an email to DOL_PRA_ interested in comments that: review and approval for continued use, [email protected]. • Evaluate whether the proposed without change, in accordance with the SUPPLEMENTARY INFORMATION: This ICR collection of information is necessary Paperwork Reduction Act of 1995 seeks approval under the PRA to revise for the proper performance of the (PRA). Public comments on the ICR are the Report on Occupational functions of the agency, including invited. Employment and Wages information whether the information will have DATES: The OMB will consider all collection. The Occupational practical utility; written comments that agency receives Employment Statistics (OES) survey is a • Evaluate the accuracy of the on or before July 26, 2017. Federal/State establishment survey of agency’s estimate of the burden of the ADDRESSES: A copy of this ICR with wage and salary workers designed to proposed collection of information, applicable supporting documentation; produce data on current detailed including the validity of the including a description of the likely occupational employment and wages for methodology and assumptions used; respondents, proposed frequency of each Metropolitan Statistical Area and • Enhance the quality, utility, and response, and estimated total burden Metropolitan Division as well as by clarity of the information to be may be obtained free of charge from the detailed industry classification. OES collected; and RegInfo.gov Web site at http:// survey data assists in the development • Minimize the burden of the www.reginfo.gov/public/do/ _ of employment and training programs collection of information on those who PRAViewICR?ref nbr=201612-1219-001 established by the Perkins Vocational are to respond, including through the (this link will only become active on the Education Act of 1998. This ICR has use of appropriate automated, day following publication of this notice) been classified as a revision, because the electronic, mechanical, or other or by contacting Michel Smyth by OES program seeks to change its OMB technological collection techniques or telephone at 202–693–4129, TTY 202– clearance to test the efficiency of using other forms of information technology, 693–8064, (these are not toll-free _ _ email to contact respondents in lieu of e.g., permitting electronic submission of numbers) or by email at DOL PRA mailing paper forms and to conduct a responses. [email protected]. non-response analysis survey. Wagner- Agency: DOL–BLS. Submit comments about this request Peyser Act section 15 authorizes this Title of Collection: Report on by mail to the Office of Information and information collection. See 29 U.S.C. Occupational Employment and Wages. Regulatory Affairs, Attn: OMB Desk 49l–2. OMB Control Number: 1220–0042. Officer for DOL–MSHA, Office of This information collection is subject Affected Public: Federal Government; Management and Budget, Room 10235, to the PRA. A Federal agency generally State, Local, and Tribal Governments; 725 17th Street NW., Washington, DC cannot conduct or sponsor a collection and Private Sector—businesses or other 20503; by Fax: 202–395–5806 (this is of information, and the public is not a toll-free number); or by email: for-profits, not-for-profit institutions. _ generally not required to respond to an Total Estimated Number of OIRA [email protected]. information collection, unless it is Respondents: 307,822. Commenters are encouraged, but not approved by the OMB under the PRA Total Estimated Number of required, to send a courtesy copy of any and displays a currently valid OMB Responses: 307,822. comments by mail or courier to the U.S. Control Number. In addition, Total Estimated Annual Time Burden: Department of Labor—OASAM, Office notwithstanding any other provisions of 153,911 hours. of the Chief Information Officer, Attn: law, no person shall generally be subject Total Estimated Annual Other Costs Departmental Information Compliance to penalty for failing to comply with a Burden: $0. Management Program, Room N1301, collection of information that does not 200 Constitution Avenue NW., Authority: 44 U.S.C. 3507(a)(1)(D). display a valid Control Number. See 5 Washington, DC 20210; or by email: _ _ CFR 1320.5(a) and 1320.6. The DOL Dated: June 20, 2017. DOL PRA [email protected]. obtains OMB approval for this Michel Smyth, FOR FURTHER INFORMATION CONTACT: information collection under Control Departmental Clearance Officer. Michel Smyth by telephone at 202–693– Number 1220–0042. The current [FR Doc. 2017–13272 Filed 6–23–17; 8:45 am] 4129, TTY 202–693–8064, (these are not _ approval is scheduled to expire on BILLING CODE 4510–24–P toll-free numbers) or by email at DOL March 31, 2020; however, the DOL [email protected]. notes that existing information SUPPLEMENTARY INFORMATION: This ICR collection requirements submitted to the DEPARTMENT OF LABOR seeks to extend PRA authority for the OMB receive a month-to-month Records of Tests and Examinations of extension while they undergo review. Office of the Secretary Mine Personnel Hoisting Equipment New requirements would only take information collection. Various MSHA effect upon OMB approval. For Agency Information Collection regulations make it mandatory for a additional substantive information Activities; Submission for OMB covered mine operator to make and to about this ICR, see the related notice Review; Comment Request; Records maintain records of specific tests and published in the Federal Register on of Tests and Examinations of Mine inspections of mine personnel hoisting April 22, 2016 (81 FR 23753). Personnel Hoisting Equipment systems, including wire ropes, to ensure Interested parties are encouraged to each system remains safe to operate ACTION: Notice. send comments to the OMB, Office of while in use. Federal Mine Safety and

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Health Act of 1977 section 103(h) other forms of information technology, Submit comments about this request authorizes this information collection. e.g., permitting electronic submission of by to the Office of Information and See 30 U.S.C. 813(h). responses. Regulatory Affairs, Attn: OMB Desk This information collection is subject Agency: DOL–MSHA. Officer for DOL-OSHA, Office of to the PRA. A Federal agency generally Title of Collection: Records of Tests Management and Budget, Room 10235, cannot conduct or sponsor a collection and Examinations of Mine Personnel 725 17th Street NW., Washington, DC of information, and the public is Hoisting Equipment. 20503; by Fax: 202–395–5806 (this is generally not required to respond to an OMB Control Number: 1219–0034. not a toll-free number); or by email: information collection, unless it is Affected Public: Private Sector— [email protected]. approved by the OMB under the PRA businesses or other for-profits. Commenters are encouraged, but not and displays a currently valid OMB Total Estimated Number of required, to send a courtesy copy of any Control Number. In addition, Respondents: 225. comments by mail or courier to the U.S. notwithstanding any other provisions of Total Estimated Number of Department of Labor-OASAM, Office of law, no person shall generally be subject Responses: 61,366. the Chief Information Officer, Attn: to penalty for failing to comply with a Total Estimated Annual Time Burden: Departmental Information Compliance collection of information that does not 5,133 hours. Management Program, Room N1301, display a valid Control Number. See 5 Total Estimated Annual Other Costs 200 Constitution Avenue NW., CFR 1320.5(a) and 1320.6. The DOL Burden: $270,000. Washington, DC 20210; or by email: obtains OMB approval for this Authority: 44 U.S.C. 3507(a)(1)(D). [email protected]. information collection under Control Dated: June 19, 2017. FOR FURTHER INFORMATION CONTACT: Number 1219–0034. Michel Smyth by telephone at 202–693– OMB authorization for an ICR cannot Michel Smyth, 4129, TTY 202–693–8064, (these are not be for more than three (3) years without Departmental Clearance Officer. toll-free numbers) or by email at DOL_ renewal, and the current approval for [FR Doc. 2017–13238 Filed 6–23–17; 8:45 am] [email protected]. this collection is scheduled to expire on BILLING CODE 4510–43–P August 31, 2017. The DOL seeks to SUPPLEMENTARY INFORMATION: This ICR extend PRA authorization for this seeks to extend PRA authority for the information collection for three (3) more DEPARTMENT OF LABOR Logging Operations Standard years, without any change to existing information collection requirements requirements. The DOL notes that Office of the Secretary codified in regulations 29 CFR existing information collection 1910.266(f), (g), and (i). The Standard requirements submitted to the OMB Agency Information Collection requires an Occupational Safety and receive a month-to-month extension Activities; Submission for OMB Health Act (OSH Act) covered employer while they undergo review. For Review; Comment Request; Logging subject to the Standard to assure additional substantive information Operations Standard operating and maintenance instructions about this ICR, see the related notice are available on a machine or in the area ACTION: Notice. published in the Federal Register on where the machine is operated. For vehicles, the employer must assure that March 7, 2017 (82 FR 12852). SUMMARY: On June 30, 2017, the operating and maintenance instructions Interested parties are encouraged to Department of Labor (DOL) will submit are available for each vehicle. The send comments to the OMB, Office of the Occupational Safety and Health standard also requires an employer to Information and Regulatory Affairs at Administration (OSHA) sponsored provide training to workers and to the address shown in the ADDRESSES information collection request (ICR) certify that the training has been section within thirty (30) days of titled, ‘‘Logging Operations Standard,’’ provided. OSH Act sections 2(b)(3), 6(b), publication of this notice in the Federal to the Office of Management and Budget and 8(c) authorize this information Register. In order to help ensure (OMB) for review and approval for collection. See 29 U.S.C. 651(b)(3), appropriate consideration, comments continued use, without change, in 655(b) 657(c). should mention OMB Control Number accordance with the Paperwork 1219–0034. The OMB is particularly This information collection is subject Reduction Act of 1995 (PRA). Public to the PRA. A Federal agency generally interested in comments that: comments on the ICR are invited. • Evaluate whether the proposed cannot conduct or sponsor a collection DATES: collection of information is necessary The OMB will consider all of information, and the public is for the proper performance of the written comments that agency receives generally not required to respond to an functions of the agency, including on or before July 31, 2017. information collection, unless it is whether the information will have ADDRESSES: A copy of this ICR with approved by the OMB under the PRA practical utility; applicable supporting documentation; and displays a currently valid OMB • Evaluate the accuracy of the including a description of the likely Control Number. In addition, agency’s estimate of the burden of the respondents, proposed frequency of notwithstanding any other provisions of proposed collection of information, response, and estimated total burden law, no person shall generally be subject including the validity of the may be obtained free of charge from the to penalty for failing to comply with a methodology and assumptions used; RegInfo.gov Web site at http:// collection of information that does not • Enhance the quality, utility, and www.reginfo.gov/public/do/ display a valid Control Number. See 5 clarity of the information to be PRAViewICR?ref_nbr=201706-1218-003 CFR 1320.5(a) and 1320.6. The DOL collected; and (this link will only become active on the obtains OMB approval for this • Minimize the burden of the day following publication of this notice) information collection under OMB collection of information on those who or by contacting Michel Smyth by Control Number 1218–0198. are to respond, including through the telephone at 202–693–4129, TTY 202– OMB authorization for an ICR cannot use of appropriate automated, 693–8064, (these are not toll-free be for more than three (3) years without electronic, mechanical, or other numbers) or by email at DOL_PRA_ renewal, and the current approval for technological collection techniques or [email protected]. this collection is scheduled to expire on

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June 30, 2017. The DOL seeks to extend DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR PRA authorization for this information seeks to extend PRA authority for the collection for three (3) more years, Office of the Secretary Application for Use of Public Space by without any change to existing Non-DOL Agencies in the Frances requirements. The DOL notes that Agency Information Collection Perkins Building, Form DL1–6062B, a existing information collection Activities; Submission for OMB non-DOL entity uses for applying to use requirements submitted to the OMB Review; Comment Request; conference and meeting capabilities receive a month-to-month extension Application for Use of Public Space by located in the DOL headquarters while they undergo review. For Non-DOL Agencies in the Frances building. This application is an additional substantive information Perkins Building information collection subject to the PRA. about this ICR, see the related notice ACTION: Notice. published in the Federal Register on A Federal agency generally cannot March 9, 2017 (82 FR 13141). SUMMARY: On June 30, 2017, the conduct or sponsor a collection of Interested parties are encouraged to Department of Labor (DOL) will submit information, and the public is generally not required to respond to an send comments to the OMB, Office of the Office of the Assistant Secretary for information collection, unless it is Information and Regulatory Affairs by Administration and Management approved by the OMB under the PRA July 31, 2017. In order to help ensure (OASAM) sponsored information and displays a currently valid OMB appropriate consideration, comments collection request (ICR) titled, Control Number. In addition, should mention OMB Control Number ‘‘Application for Use of Public Space by notwithstanding any other provisions of 1218–0198. The OMB is particularly Non-DOL Agencies in the Frances law, no person shall generally be subject interested in comments that: Perkins Building,’’ to the Office of to penalty for failing to comply with a • Management and Budget (OMB) for Evaluate whether the proposed review and approval for continued use, collection of information that does not collection of information is necessary without change, in accordance with the display a valid Control Number. See 5 for the proper performance of the Paperwork Reduction Act of 1995 CFR 1320.5(a) and 1320.6. The DOL functions of the agency, including (PRA). Public comments on the ICR are obtains OMB approval for this whether the information will have invited. information collection under Control practical utility; DATES: Submit comments on or before Number 1225–0087. The current • Evaluate the accuracy of the July 31, 2017. approval is scheduled to expire on June agency’s estimate of the burden of the 30, 2017; however, the DOL notes that ADDRESSES: A copy of this ICR with existing information collection proposed collection of information, applicable supporting documentation; requirements submitted to the OMB including the validity of the including a description of the likely receive a month-to-month extension methodology and assumptions used; respondents, proposed frequency of • Enhance the quality, utility, and while they undergo review. For response, and estimated total burden additional substantive information clarity of the information to be may be obtained free of charge from the collected; and about this ICR, see the related notice RegInfo.gov Web site at http:// published in the Federal Register on • Minimize the burden of the www.reginfo.gov/public/do/ _ April 28, 2017 (82 FR 19753). collection of information on those who PRAViewICR?ref nbr=201706-1225-001 Interested parties are encouraged to are to respond, including through the (this link will only become active as of send comments to the OMB, Office of use of appropriate automated, July 1, 2017) or by contacting Michel Information and Regulatory Affairs at electronic, mechanical, or other Smyth by telephone at 202–693–4129, the address shown in the ADDRESSES technological collection techniques or TTY 202–693–8064, (these are not toll- section by July 31, 2017. In order to help other forms of information technology, free numbers) or sending an email to _ _ ensure appropriate consideration, e.g., permitting electronic submission of DOL PRA [email protected]. comments should mention OMB Control responses. Submit comments about this request Number 1225–0087. The OMB is Agency: DOL-OSHA. by mail to the Office of Information and particularly interested in comments Regulatory Affairs, Attn: OMB Desk Title of Collection: Logging that: Officer for DOL–DM, Office of • Operations Standard. Evaluate whether the proposed Management and Budget, Room 10235, collection of information is necessary OMB Control Number: 1218–0198. 725 17th Street NW., Washington, DC for the proper performance of the Affected Public: Private Sector— 20503; by Fax: 202–395–6881 (this is functions of the agency, including business or other for-profits. not a toll-free number); or by email: _ whether the information will have Total Estimated Number of OIRA [email protected]. practical utility; Respondents: 7,908. Commenters are encouraged, but not • Evaluate the accuracy of the required, to send a courtesy copy of any agency’s estimate of the burden of the Total Estimated Number of comments by mail or courier to the U.S. Responses: 50,440. proposed collection of information, Department of Labor-OASAM, Office of including the validity of the Total Estimated Annual Time Burden: the Chief Information Officer, Attn: methodology and assumptions used; 1,603 hours. Departmental Information Compliance • Enhance the quality, utility, and Total Estimated Annual Other Costs Management Program, Room N1301, clarity of the information to be Burden: $0. 200 Constitution Avenue NW., collected; and • Authority: 44 U.S.C. 3507(a)(1)(D). Washington, DC 20210; or by email: Minimize the burden of the [email protected]. collection of information on those who Dated: June 20, 2017. FOR FURTHER INFORMATION CONTACT: are to respond, including through the Michel Smyth, Michel Smyth by telephone at 202–693– use of appropriate automated, Departmental Clearance Officer. 4129, TTY 202–693–8064, (these are not electronic, mechanical, or other [FR Doc. 2017–13273 Filed 6–23–17; 8:45 am] toll-free numbers) or sending an email technological collection techniques or BILLING CODE 4510–26–P to [email protected]. other forms of information technology,

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e.g., permitting electronic submission of 3. Public comment regarding FY 2019 Opportunity (Public Meeting) responses. budget request (Contact: Tanya Parwani-Jaimes: Agency: DOL–OASAM. 4. Consider and act on FY 2019 Budget 301–287–0730) Title of Collection: Application for Request Resolution 2017–XXX This meeting will be webcast live at Use of Public Space by Non-DOL 5. Additional public comment the Web address—http://www.nrc.gov/. Agencies in the Frances Perkins 6. Consider and act on other business Building. 7. Consider and act on adjournment of Additional Information OMB Control Number: 1225–0087. meeting. By a vote of 3–0 on June 21, 2017, the Affected Public: Private Sector—not- CONTACT PERSON FOR INFORMATION: Commission determined pursuant to for-profit institutions. Katherine Ward, Executive Assistant to U.S.C. 552b(e) and ’9.107(a) of the Total Estimated Number of the Vice President & General Counsel, at Commission’s rules that the above Respondents: 10. (202) 295–1500. Questions may be sent referenced Affirmation Session be held Total Estimated Number of by electronic mail to FR_NOTICE_ with less than one week notice to the Responses: 10. [email protected]. public. The meeting is scheduled on Total Estimated Annual Time Burden: Thursday, June 22, 2017 1 hour. ACCESSIBILITY: LSC complies with the Total Estimated Annual Other Costs Americans with Disabilities Act and Week of June 26, 2017 Burden: $0. Section 504 of the 1973 Rehabilitation Act. Upon request, meeting notices and There are no meetings scheduled for Authority: 44 U.S.C. 3507(a)(1)(D). materials will be made available in the week of June 26, 2017. Dated: June 19, 2017. alternative formats to accommodate Week of July 3, 2017—Tentative Michel Smyth, individuals with disabilities. There are no meetings scheduled for Departmental Clearance Officer. Individuals needing other the week of July 3, 2017. [FR Doc. 2017–13239 Filed 6–23–17; 8:45 am] accommodations due to disability in BILLING CODE 4510–23–P order to attend the meeting in person or Week of July 10, 2017—Tentative telephonically should contact Katherine There are no meetings scheduled for Ward, at (202) 295–1500 or FR_ the week of July 10, 2017. _ LEGAL SERVICES CORPORATION NOTICE [email protected], at least 2 business days in advance of the Week of July 17, 2017—Tentative Sunshine Act Meeting meeting. If a request is made without There are no meetings scheduled for advance notice, LSC will make every the week of July 17, 2017. DATE AND TIME: The Legal Services effort to accommodate the request but Week of July 24, 2017—Tentative Corporation’s Finance Committee will cannot guarantee that all requests can be meet telephonically on July 10, 2017. fulfilled. There are no meetings scheduled for The meeting will commence at 3:00 the week of July 24, 2017. Dated: June 21, 2017. p.m., EDT, and will continue until the Week of July 31, 2017—Tentative conclusion of the Committee’s agenda. Katherine Ward, Executive Assistant to the Vice President for LOCATION: There are no meetings scheduled for John N. Erlenborn Conference Legal Affairs and General Counsel. Room, Legal Services Corporation the week of July 31, 2017. [FR Doc. 2017–13350 Filed 6–22–17; 11:15 am] Headquarters, 3333 K Street NW., * * * * * Washington, DC 20007. BILLING CODE 7050–01–P The schedule for Commission meetings is subject to change on short PUBLIC OBSERVATION: Members of the public who are unable to attend in notice. For more information or to verify NUCLEAR REGULATORY person but wish to listen to the public the status of meetings, contact Denise COMMISSION proceedings may do so by following the McGovern at 301–415–0681 or via email telephone call-in directions provided [NRC–2017–0001] at [email protected]. below. * * * * * The NRC Commission Meeting CALL-IN DIRECTIONS FOR OPEN SESSIONS: Sunshine Act Meeting Notice • Call toll-free number: 1–866–451– Schedule can be found on the Internet DATE: Weeks of June 19, 26, July 3, 10, 4981; at: http://www.nrc.gov/public-involve/ • When prompted, enter the 17, 24, 31, 2017. public-meetings/schedule.html. following numeric pass code: PLACE: Commissioners’ Conference * * * * * 5907707348 Room, 11555 Rockville Pike, Rockville, The NRC provides reasonable • When connected to the call, please Maryland. accommodation to individuals with immediately ‘‘MUTE’’ your telephone. STATUS: Public and Closed. disabilities where appropriate. If you Members of the public are asked to need a reasonable accommodation to Week of June 19, 2017 keep their telephones muted to participate in these public meetings, or eliminate background noises. To avoid Thursday, June 22, 2017 need this meeting notice or the disrupting the meeting, please refrain 1:55 p.m. Affirmation Session (Public transcript or other information from the from placing the call on hold if doing so Meeting) (Tentative); Waste Control public meetings in another format (e.g., will trigger recorded music or other Specialists LLC (Consolidated braille, large print), please notify sound. From time to time, the Chair may Interim Storage Facility) (Joint Kimberly Meyer, NRC Disability solicit comments from the public. Request to Withdraw the Federal Program Manager, at 301–287–0739, by STATUS OF MEETING: Open. Register Notice) (Tentative) videophone at 240–428–3217, or by MATTERS TO BE CONSIDERED: This meeting will be webcast live at email at Kimberly.Meyer- 1. Approval of agenda the Web address—http://www.nrc.gov/. [email protected]. Determinations on 2. Discussion regarding Thursday, June 22, 2017 requests for reasonable accommodation recommendations for LSC’s Fiscal 2:00 p.m. Briefing on Human Capital will be made on a case-by-case basis. Year (FY) 2019 budget request and Equal Employment * * * * *

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Members of the public may request to action. You may obtain publicly- routinely edited to remove such receive this information electronically. available information related to this information before making the comment If you would like to be added to the action by any of the following methods: submissions available to the public or distribution, please contact the Nuclear • Federal Rulemaking Web site: Go to entering the comment into ADAMS. Regulatory Commission, Office of the http://www.regulations.gov and search II. Background Secretary, Washington, DC 20555 (301– for Docket ID NRC–2016–0205. 415–1969), or email • NRC’s Agencywide Documents Under the provisions of the [email protected] or Access and Management System Paperwork Reduction Act of 1995 (44 [email protected]. (ADAMS): You may obtain publicly- U.S.C. Chapter 35), the NRC recently available documents online in the submitted a request for renewal of an Dated: June 21, 2017. ADAMS Public Documents collection existing collection of information to Glenn Ellmers, at: http://www.nrc.gov/reading-rm/ OMB for review entitled, ‘‘Design Policy Coordinator, Office of the Secretary. adams.html. To begin the search, select Information Questionnaire—IAEA N–71 [FR Doc. 2017–13372 Filed 6–22–17; 11:15 am] ‘‘ADAMS Public Documents’’ and then and Associated Forms N–72, N–73, N– BILLING CODE 7590–01–P select ‘‘Begin Web-based ADAMS 74, N–75, N–76, N–77, N–91, N–92, N– Search.’’ For problems with ADAMS, 93, and N–94.’’ The NRC hereby informs please contact the NRC’s Public potential respondents that an agency NUCLEAR REGULATORY Document Room (PDR) reference staff at may not conduct or sponsor, and that a COMMISSION 1–800–397–4209, 301–415–4737, or via person is not required to respond to, a [NRC–2016–0205] email to [email protected]. A copy collection of information unless it of the collection of information and displays a currently valid OMB control Information Collection: Design related instructions may be obtained number. Information Questionnaire—IAEA N–71 without charge by accessing ADAMS The NRC published a Federal and Associated Forms N–72, N–73, N– Accession No. ML17129A399. The Register notice with a 60-day comment 74, N–75, N–76, N–77, N–91, N–92, N– supporting statement is available in period on this information collection on 93, and N–94 ADAMS under Accession No. March 3, 2017 (82 FR 12473). ML17130A678. 1. The title of the information AGENCY: Nuclear Regulatory • NRC’s PDR: You may examine and collection: ‘‘Design Information Commission. purchase copies of public documents at Questionnaire—IAEA N–71 and ACTION: Notice of submission to the the NRC’s PDR, Room O1–F21, One Associated Forms N–72, N–73, N–74, Office of Management and Budget; White Flint North, 11555 Rockville N–75, N–76, N–77, N–91, N–92, N–93, request for comment. Pike, Rockville, Maryland 20852. and N–94.’’ • NRC’s Clearance Officer: A copy of 2. OMB approval number: 3150–0056. SUMMARY: The U.S. Nuclear Regulatory the collection of information and related 3. Type of submission: Extension. Commission (NRC) has recently instructions may be obtained without 4. The form number if applicable: submitted a request for renewal of an charge by contacting the NRC’s IAEA Form N–71 (and the appropriate existing collection of information to the Clearance Officer, David Cullison, associated IAEA Form) or Form N–91, to Office of Management and Budget Office of the Chief Information Officer, provide information concerning their (OMB) for review. The information U.S. Nuclear Regulatory Commission, installation for use by the IAEA. collection is entitled, ‘‘Design Washington, DC 20555–0001; telephone: 5. How often the collection is required Information Questionnaire—IAEA N–71 301–415–2084; email: or requested: It is estimated that this and Associated Forms N–72, N–73, N– [email protected]. collection is required approximately 1 74, N–75, N–76, N–77, N–91, N–92, N– time per year. 93, and N–94.’’ B. Submitting Comments 6. Who will be required or asked to DATES: Submit comments by July 26, Please include Docket ID NRC–2016– respond: Licensees of facilities on the 2017. 0205 in the subject line of your U.S. eligible list who have been notified ADDRESSES: Submit comments directly comment submission, in order to ensure in writing by the NRC to submit the to the OMB reviewer at: Aaron Szabo, that the NRC is able to make your form. Desk Officer, Office of Information and comment submission available to the 7. The estimated number of annual Regulatory Affairs, Docket ID NRC– public in this docket. responses: 2. 2016–0205, NEOB–10202, Office of The NRC cautions you not to include 8. The estimated number of annual Management and Budget, Washington, identifying or contact information in respondents: 2. DC 20503; telephone: 202–395–3621, comment submissions that you do not 9. An estimate of the total number of email: [email protected]. want to be publicly disclosed in your hours needed annually to comply with comment submission. All comment the information collection requirement FOR FURTHER INFORMATION CONTACT: or request: 360 reporting hours. David Cullison, NRC Clearance Officer, submissions are posted at http:// 10. Abstract: In order for the United U.S. Nuclear Regulatory Commission, www.regulations.gov and entered into States to fulfill its responsibilities as a Washington, DC 20555–0001; telephone: ADAMS. Comment submissions are not participant in the US/International 301–415–2084; email: routinely edited to remove identifying Atomic Energy Agency (IAEA) [email protected]. or contact information. If you are requesting or aggregating Safeguards Agreement, the NRC must SUPPLEMENTARY INFORMATION: comments from other persons for collect information from licensees about I. Obtaining Information and submission to the OMB, then you their installations and provide it to the Submitting Comments should inform those persons not to IAEA. Licensees of facilities that appear include identifying or contact on the U.S. eligible list and have been A. Obtaining Information information that they do not want to be notified in writing by the NRC are Please refer to Docket ID NRC–2016– publicly disclosed in their comment required to complete and submit a 0205 when contacting the NRC about submission. Your request should state Design Information Questionnaire, IAEA the availability of information for this that comment submissions are not Form N–71 (and the appropriate

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associated IAEA Form) or Form N–91, to this information collection (OMB No. Number of Respondents: provide information concerning their 3206–0040). The purpose of this notice approximately 11,400,000. installation for use by the IAEA. is to allow an additional 30 days for Estimated Time per Respondent: 40 Dated at Rockville, Maryland, this 21st day public comments. minutes. of June 2017. The Office of Management and Budget Total Burden Hours: 7,600,000 hours. For the Nuclear Regulatory Commission. is particularly interested in comments U.S. Office of Personnel Management. David Cullison, that: Kathleen M. McGettigan, 1. Evaluate whether the proposed NRC Clearance Officer, Office of the Chief Acting Director. Information Officer. collection of information is necessary for the proper performance of the [FR Doc. 2017–13310 Filed 6–23–17; 8:45 am] [FR Doc. 2017–13316 Filed 6–23–17; 8:45 am] BILLING CODE 6325–43–P BILLING CODE 7590–01–P functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the SECURITIES AND EXCHANGE OFFICE OF PERSONNEL COMMISSION MANAGEMENT agency’s estimate of the burden of the proposed collection of information, [OMB Control No. 3235–0704, SEC File No. Submission for Review: OPM Form including the validity of the 270–654] 1203–FX (Occupational Questionnaire) methodology and assumptions used; 3. Enhance the quality, utility, and Submission for OMB Review; AGENCY: Office of Personnel clarity of the information to be Comment Request Management. collected; and ACTION: 30-Day Notice and request for 4. Minimize the burden of the Upon Written Request Copies Available comments. collection of information on those who From: Securities and Exchange Commission, Office of FOIA Services, SUMMARY: The Automated Systems are to respond, including through the use of appropriate automated, 100 F Street NE., Washington, DC Management Group, Office of Personnel 20549–2736. Management (OPM) offers the general electronic, mechanical, or other Extension: public and other Federal agencies the technological collection techniques or other forms of information technology, Rule 506(e) of Regulation D Felons and opportunity to comment on a new Other Bad Actors Disclosure Statement. information collection request (ICR), e.g., permitting electronic submissions OPM Form 1203–FX (Occupational of responses. Notice is hereby given that, pursuant Questionnaire). The Occupational Questionnaire is an to the Paperwork Reduction Act of 1995 optical scan form designed to collect (44 U.S.C. 3501 et seq.), the Securities DATES: Comments are encouraged and applicant information and qualifications and Exchange Commission will be accepted until July 26, 2017. in a format suitable for automated (‘‘Commission’’) has submitted to the ADDRESSES: Interested persons are processing and to create applicant Office of Management and Budget the invited to submit written comments on records for an automated examining following request for an extension of the the proposed information collection to system. The 1203 series was commonly previously approved collection of the Office of Information and Regulatory referred to as the ‘‘Qualifications and information discussed below. Affairs, Office of Management Budget, Availability Form C.’’ OPM re-titled the Regulation 506(e) of Regulation D (17 725 17th Street NW., Washington, DC series as ‘‘Occupational Questionnaire’’ CFR 230.506(e)) under the Securities 20503, Attention: Desk Officer for the to fit a more generic need. OPM uses Act of 1933 (15 U.S.C. 77a et seq.) Office of Personnel Management or sent this form to carry out its responsibility requires the issuer to furnish to each _ via electronic mail to oira submission@ for open competitive examining for purchaser, a reasonable time prior to omb.eop.gov or faxed to (202) 395–6974. admission to the competitive service in sale, a description in writing of any FOR FURTHER INFORMATION CONTACT: A accordance with Section 3304, Title 5, matters that would have triggered copy of this ICR, with applicable United States Code. One change has disqualification under Rule 506(d)(1) of supporting documentation, may be been made to the form under Section 14, Regulation D, but occurred before obtained by contacting the Office of Veterans’ Preference. The addition of September 23, 2013. The disclosure Information and Regulatory Affairs, Sole Survivorship Preference was added required by Rule 506(e) is not filed with Office of Management Budget, 725 17th to reflect the amended eligibility the Commission, but serves as an Street NW., Washington, DC 20503, categories for veterans’ preference per important investor protection tool to Attention: Desk Officer for the Office of Public Law 110–317, the Hubbard Act. inform investors of an issuer’s and its Personnel Management or sent via Subparagraph (H) established the new covered persons, involvement in past electronic mail to oira_submission@ category for veterans released or ‘‘bad actor’’ disqualifying events such as omb.eop.gov or faxed to (202) 395–6974. discharged from a period of active duty pre-existing criminal convictions, court SUPPLEMENTARY INFORMATION: As from the armed forces, after August 29, injunctions, disciplinary proceedings, required by the Paperwork Reduction 2008, by reason of a ‘‘sole survivorship and other sanctions enumerated in Rule Act of 1995, (Pub. L. 104–13, 44 U.S.C. discharge.’’ 506(d). Without the mandatory written chapter 35) as amended by the Clinger- statement requirements set forth in Rule Analysis Cohen Act (Pub. L. 104–106), OPM is 506(e), purchasers may have the soliciting comments for this collection. Agency: Automated Systems impression that all bad actors are The information collection was Management Group, Office of Personnel disqualified from participation in Rule previously published in the Federal Management. 506 offerings. Register (82 FR 15243) on March 27, Title: Occupational Questionnaire, We estimate there are 19,908 2017, allowing for a 60-day public OPM Form 1203–FX. respondents that will conduct a one- comment period. This process was OMB Number: 3206–0040. hour factual inquiry to determine conducted in accordance with 5 CFR Affected Public: Individuals or whether the issuer and its covered 1320.1. No comments were received for households. persons have had pre-existing

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disqualifying events before September Investment Company Act of 1940 (the FOR FURTHER INFORMATION CONTACT: 23, 2013. Of those 19,908 respondents, ‘‘Act’’) and rule 17d–1 under the Act to Bruce R. MacNeil, Senior Counsel, at we estimate that 220 respondents with permit certain joint transactions (202) 551–6817 or David J. Marcinkus, disqualifying events will spend ten otherwise prohibited by sections 17(d) Branch Chief, at (202) 551–6821 (Chief hours to prepare a disclosure statement and 57(a)(4) of the Act and rule 17d–1 Counsel’s Office, Division of Investment describing the matters that would have under the Act. Management). triggered disqualification under SUMMARY OF APPLICATION: Applicants SUPPLEMENTARY INFORMATION: The 506(d)(1) of Regulation D, except that request an order to permit business following is a summary of the these disqualifying events occurred development companies (‘‘BDCs’’) to co- application. The complete application before September 23, 2013, the effective invest in portfolio companies with each may be obtained via the Commission’s date of the Rule 506 amendments. An other and with affiliated investment Web site by searching for the file estimated 2,200 burden hours are funds. number, or for an applicant using the attributed to the 220 respondents with APPLICANTS: 1889 BDC, Inc. (the Company name box, at http:// disqualifying events in addition to the ‘‘Fund’’), 1889 Adviser, LLC (the ‘‘BDC www.sec.gov/search/search.htm or by 19,908 burden hours associated with the Adviser’’), on behalf of itself and its calling (202) 551–8090. one-hour factual inquiry. In sum, the successors,1 Angelo Gordon & Co., L.P., Applicants’ Representations total annual increase in paperwork (the ‘‘Existing Affiliated Adviser’’), on burden for all affected respondents to 1. The Fund is a Delaware corporation behalf of itself and its successors, AG organized as a closed-end management comply with the Rule 506(e) disclosure Diversified Credit Strategies Master, statement is estimated to be investment company that has elected to L.P., AG Diversified Income Master be regulated as a BDC under Section approximately 22,108 hours of company Fund, L.P., AG Super Fund, L.P., AG personnel time. 54(a) of the Act.2 The Fund’s Objectives Super Fund International Partners, L.P., and Strategies 3 are to generate An agency may not conduct or AG Direct Lending Fund, L.P., AG DLI sponsor, and a person is not required to consistent absolute returns through cash Investments, L.P., AG GTDL Fund, L.P., coupons, fees and when available equity respond to, a collection of information AG KFHDL Fund, L.P., AG Mountain unless it displays a currently valid co-investments, while minimizing the Laurel Direct Lending Fund, L.P., AG risk of loss and to generate consistent control number. Centre Street Partnership, L.P., AG The public may view the background absolute returns. The Fund invests in Direct Lending Fund II, L.P., AG Direct documentation for this information senior secured debt second lien loans Lending Fund II (Unlevered), L.P., AG collection at the following Web site, mezzanine loans, senior secured stretch DLI Investments II, L.P., AG DLI www.reginfo.gov. Comments should be and unitranche facilities as well as, to Investments II (Unlevered), L.P., and AG directed to: (i) Desk Officer for the a lesser extent, equity co-investments. GTDL Fund II, L.P. (collectively, the Securities and Exchange Commission, The board of directors of the Fund (the ‘‘Existing Affiliated Funds’’). Office of Information and Regulatory ‘‘Board’’) is comprised of 4 directors, 3 Affairs, Office of Management and FILING DATES: The application was filed of whom are not ‘‘interested persons,’’ Budget, Room 10102, New Executive on August 5, 2016 and amended on within the meaning of Section 2(a)(19) Office Building, Washington, DC 20503, December 12, 2016, April 21, 2017 and of the 1940 Act (the ‘‘Independent or by sending an email to: Shagufta_ May 11, 2017. Directors’’), of the Fund. [email protected]; and (ii) Pamela HEARING OR NOTIFICATION OF HEARING: 2. The BDC Adviser is a Delaware Dyson, Director/Chief Information An order granting the requested relief limited liability company which will be Officer, Securities and Exchange will be issued unless the Commission registered with the Commission as an Commission, c/o Remi Pavlik-Simon, orders a hearing. Interested persons may investment adviser under the 100 F Street NE., Washington, DC 20549 request a hearing by writing to the Investment Advisers Act of 1940 (the ‘‘Advisers Act’’) prior to commencement or send an email to: PRA_Mailbox@ Commission’s Secretary and serving of operations of the Fund. The BDC sec.gov. applicants with a copy of the request, Comments must be submitted to OMB personally or by mail. Hearing requests Adviser serves as investment adviser to the Fund and is a wholly-owned within 30 days of this notice. should be received by the Commission subsidiary of the Existing Affiliated Dated: June 19, 2017. by 5:30 p.m. on July 17, 2017, and should be accompanied by proof of Adviser. Eduardo A. Aleman, 3. Each Existing Affiliated Fund is an service on applicants, in the form of an entity that would be an investment Assistant Secretary. affidavit or, for lawyers, a certificate of company but for section 3(c)(1) or [FR Doc. 2017–13227 Filed 6–23–17; 8:45 am] service. Hearing requests should state 3(c)(7) of the Act. The Existing BILLING CODE 8011–01–P the nature of the writer’s interest, the Affiliated Funds pursue strategies reason for the request, and the issues focused on investing in a variety of contested. Persons who wish to be fixed income and credit investments. SECURITIES AND EXCHANGE notified of a hearing may request COMMISSION notification by writing to the 2 Section 2(a)(48) defines a BDC to be any closed- [Release No. 32687; 812–14682] Commission’s Secretary. end investment company that operates for the ADDRESSES: Secretary, U.S. Securities purpose of making investments in securities 1889 BDC, Inc., et al.; Notice of and Exchange Commission, 100 F St. described in sections 55(a)(1) through 55(a)(3) of the Application Act and makes available significant managerial NE., Washington, DC 20549–1090. assistance with respect to the issuers of such June 21, 2017. Applicants: 245 Park Avenue, 26th securities. Floor, New York, NY 10167. 3 ‘‘Objectives and Strategies’’ means a Regulated AGENCY: Securities and Exchange Fund’s investment objectives and strategies, as Commission (‘‘Commission’’). described in the Regulated Fund’s registration 1 The term ‘‘successor,’’ as applied to each statement on Form N–2, other filings the Regulated ACTION : Notice. Adviser (defined below), means an entity that Fund has made with the Commission under the results from a reorganization into another Securities Act of 1933 (the ‘‘Securities Act’’), or Notice of application for an order jurisdiction or change in the type of business under the Securities Exchange Act of 1934 and the under sections 17(d) and 57(i) of the organization. Regulated Fund’s reports to shareholders.

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4. The Existing Affiliated Adviser is a 6. Applicants state that a Regulated also be an appropriate investment for Delaware limited partnership and is Fund may, from time to time, form a one or more other Regulated Funds and/ registered as an investment adviser Wholly-Owned Investment Subsidiary.8 or one or more Affiliated Funds, with under the Advisers Act. The Existing Such a subsidiary would be prohibited certain exceptions based on available Affiliated Adviser serves as investment from investing in a Co-Investment capital or diversification.9 adviser to each of the Existing Affiliated Transaction with any other Regulated 8. Other than pro rata dispositions Funds. Fund or Affiliated Fund because it and Follow-On Investments as provided 5. Applicants seek an order (‘‘Order’’) would be a company controlled by its in conditions 7 and 8, and after making to permit a Regulated Fund 4 and one or parent Regulated Fund for purposes of the determinations required in more Regulated Funds and/or one or section 57(a)(4) and rule 17d–1. conditions 1 and 2(a), the Adviser will more Affiliated Funds 5 to co-invest Applicants request that each Wholly- present each Potential Co-Investment with each other in securities issued by Owned Investment Subsidiary be Transaction and the proposed allocation issuers in private placement permitted to participate in Co- to the directors of the Board eligible to transactions in which the Adviser to the Investment Transactions in lieu of its vote under section 57(o) of the Act Regulated Fund negotiates terms in parent Regulated Fund and that the (‘‘Eligible Directors’’), and the ‘‘required addition to price; 6 and (b) make Wholly-Owned Investment Subsidiary’s majority,’’ as defined in section 57(o) of additional investments in securities of participation in any such transaction be the Act (‘‘Required Majority’’) 10 will such issuers, including through the treated, for purposes of the requested approve each Co-Investment exercise of warrants, conversion Order, as though the parent Regulated Transaction prior to any investment by privileges, and other rights to purchase Fund were participating directly. the participating Regulated Fund. securities of the issuers (‘‘Follow-On Applicants represent that this treatment 9. With respect to the pro rata Investments’’) through a proposed co- is justified because a Wholly-Owned dispositions and Follow-On Investments investment program (the ‘‘Co- Investment Sub would have no purpose provided in conditions 7 and 8, a Investment Program’’) where such other than serving as a holding vehicle Regulated Fund may participate in a pro participation would otherwise be for the Regulated Fund’s investments rata disposition or Follow-On prohibited under section 57(a)(4) and and, therefore, no conflicts of interest Investment without obtaining prior rule 17d–1 and the rules under the 1940 could arise between the Regulated Fund approval of the Required Majority if, Act. The term ‘‘Co-Investment and the Wholly-Owned Investment Sub. among other things: (i) The proposed Transaction’’ means any transaction in The Regulated Fund’s Board would participation of each Regulated Fund which a Regulated Fund (or its Wholly- make all relevant determinations under and Affiliated Fund in such disposition Owned Investment Subsidiary, as the conditions with regard to a Wholly- is proportionate to its outstanding defined below) participate together with Owned Investment Sub’s participation investments in the issuer immediately one or more other Regulated Funds and/ in a Co-Investment Transaction, and the preceding the disposition or Follow-On or one or more Affiliated Funds in Regulated Fund’s Board would be Investment, as the case may be; and (ii) reliance on the requested Order. informed of, and take into the Board of the Regulated Fund has Potential Co-Investment Transaction’’ consideration, any proposed use of a approved that Regulated Fund’s means any investment opportunity in Wholly-Owned Investment Sub in the participation in pro rata dispositions which a Regulated Fund (or its Wholly- Regulated Fund’s place. If the Regulated and Follow-On Investments as being in Owned Investment Subsidiary, as Fund proposes to participate in the the best interests of the Regulated Fund. defined below) could not participate same Co-Investment Transaction with If the Board does not so approve, any together with one or more other any of its Wholly-Owned Investment such disposition or Follow-On Regulated Funds and/or one or more Subs, the Board will also be informed Investment will be submitted to the other Affiliated Funds without of, and take into consideration, the Regulated Fund’s Eligible Directors. The obtaining and relying on the Order.7 relative participation of the Regulated Board of any Regulated Fund may at any Fund and the Wholly-Owned time rescind, suspend or qualify its 4 The term ‘‘Regulated Fund’’ means the Fund Investment Sub. approval of pro rata dispositions and and any Future Regulated Fund. ‘‘Future Regulated Fund’’ means any closed-end management 7. When considering Potential Co- Follow-On Investments with the result investment company (a) that is registered under the Investment Transactions for any that all dispositions and/or Follow-On Act or has elected to be regulated as a BDC, (b) Regulated Fund, the Adviser will Investments must be submitted to the whose investment adviser is an Adviser, and (c) consider only the Objectives and Eligible Directors. that intends to participate in the Co-Investment Program. Strategies, investment policies, 10. No Independent Director of a The term ‘‘Adviser’’ means the BDC Adviser, the investment positions, capital available Regulated Fund will have a direct or Existing Affiliated Adviser and any future for investment, and other pertinent indirect financial interest in any Co- investment adviser that (i) controls, is controlled factors applicable to that Regulated Investment Transaction, other than by, or is under common control with the Existing Fund. The Adviser expects that any indirectly through share ownership in Affiliated Adviser and (ii) is registered as an investment adviser under the Advisers Act. portfolio company that is an appropriate one of the Regulated Funds. 5 ‘‘Affiliated Fund’’ means the Existing Affiliated investment for a Regulated Fund should 11. Applicants also represent that if Funds and any entity (a) whose investment adviser the Advisers or its principal owners is an Adviser, (b) that would be an investment 8 The term ‘‘Wholly-Owned Investment Sub’’ (‘‘Principals’’) or any person controlling, company but for Section 3(c)(1) or 3(c)(7) of the means an entity (i) that is wholly-owned by a controlled by, or under common control 1940 Act, and (c) that intends to participate in the Regulated Fund (with the Regulated Fund at all with the Advisers or the Principals, and Co-Investment Program. times holding, beneficially and of record, 100% of 6 The term ‘‘private placement transactions’’ the voting and economic interests); (ii) whose sole means transactions in which the offer and sale of business purpose is to hold one or more 9 The Regulated Funds, however, will not be securities by the issuer are exempt from registration investments on behalf of the Regulated Fund; (iii) obligated to invest, or co-invest, when investment under the Securities Act. with respect to which the Regulated Fund’s Board opportunities are referred to them. 7 All existing entities that currently intend to rely has the sole authority to make all determinations 10 In the case of a Regulated Fund that is a upon the requested Order have been named as with respect to the entity’s participation under the registered closed-end fund, the Board members that applicants. Any other existing or future entity that conditions of the Application; and (iv) that would make up the Required Majority will be determined subsequently relies on the Order will comply with be an investment company but for section 3(c)(1) or as if the Regulated Fund were a BDC subject to the terms and conditions of the application. 3(c)(7) of the Act. Section 57(o).

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the Affiliated Funds (collectively, the participation is on a basis different from compliance with these allocation ‘‘Holders’’) own in the aggregate more or less advantageous than that of other procedures. than 25 percent of the outstanding participants. (c) After making the determinations voting securities of a Regulated Fund 3. Applicants state that in the absence required in conditions 1 and 2(a), the (‘‘Shares’’), then the Holders will vote of the requested relief, the Regulated applicable Adviser will distribute such Shares as required under Funds would be, in some written information concerning the Condition 14. Applicants believe that circumstances, limited in their ability to Potential Co-Investment Transaction this condition will ensure that the participate in attractive and appropriate (including the amount proposed to be Independent Directors will act investment opportunities. Applicants invested by each participating Regulated independently in evaluating the Co- believe that the proposed terms and Fund and Affiliated Fund) to the Investment Program, because the ability conditions will ensure that the Co- Eligible Directors of each participating of the Advisers or the Principals to Investment Transactions are consistent Regulated Fund for their consideration. influence the Independent Directors by with the protection of each Regulated A Regulated Fund will co-invest with a suggestion, explicit or implied, that Fund’s shareholders and with the one or more other Regulated Funds and/ the Independent Directors can be purposes intended by the policies and or one or more Affiliated Funds only if, removed will be limited significantly. provisions of the Act. Applicants state prior to the Regulated Fund’s Applicants represent that the Non- that the Regulated Funds’ participation participation in the Potential Co- Interested Directors will evaluate and in the Co-Investment Transactions will Investment Transaction, a Required approve any such independent party, be consistent with the provisions, Majority concludes that: taking into account its qualifications, policies, and purposes of the Act and on (i) The terms of the Potential Co- reputation for independence, cost to the a basis that is not different from or less Investment Transaction, including the shareholders, and other factors that they advantageous than that of other consideration to be paid, are reasonable deem relevant. participants. and fair to the Regulated Fund and its shareholders and do not involve Applicants’ Legal Analysis Applicants’ Conditions overreaching in respect of the Regulated 1. Section 57(a)(4) of the Act prohibits Applicants agree that any order Fund or its shareholders on the part of certain affiliated persons of a BDC from granting the requested relief will be any person concerned; participating in joint transactions with subject to the following conditions: (ii) the Potential Co-Investment the BDC or a company controlled by a 1. Each time an Adviser considers a Transaction is consistent with: BDC in contravention of rules as (A) The interests of the shareholders Potential Co-Investment Transaction for prescribed by the Commission. Under of the Regulated Fund; and section 57(b)(2) of the Act, any person an Affiliated Fund or another Regulated (B) the Regulated Fund’s then-current who is directly or indirectly controlling, Fund that falls within a Regulated Objectives and Strategies; controlled by, or under common control Fund’s then-current Objectives and (iii) the investment by any other with a BDC is subject to section 57(a)(4). Strategies, the Regulated Fund’s Adviser Regulated Funds or Affiliated Funds Applicants submit that each of the will make an independent would not disadvantage the Regulated Regulated Funds and Affiliated Funds determination of the appropriateness of Fund, and participation by the be deemed to be a person related to each the investment for such Regulated Fund Regulated Fund would not be on a basis Regulated Fund in a manner described in light of the Regulated Fund’s then- different from or less advantageous than by section 57(b) by virtue of being under current circumstances. that of other Regulated Funds or common control. Section 57(i) of the 2. (a) If the Adviser deems a Regulated Affiliated Funds; provided that, if any Act provides that, until the Commission Fund’s participation in any Potential other Regulated Fund or Affiliated prescribes rules under section 57(a)(4), Co-Investment Transaction to be Fund, but not the Regulated Fund itself, the Commission’s rules under section appropriate for the Regulated Fund, it gains the right to nominate a director for 17(d) of the Act applicable to registered will then determine an appropriate level election to a portfolio company’s board closed-end investment companies will of investment for the Regulated Fund. of directors or the right to have a board be deemed to apply to transactions (b) If the aggregate amount observer or any similar right to subject to section 57(a)(4). Because the recommended by the applicable Adviser participate in the governance or Commission has not adopted any rules to be invested by the applicable management of the portfolio company, under section 57(a)(4), rule 17d–1 also Regulated Fund in the Potential Co- such event shall not be interpreted to applies to joint transactions with Investment Transaction, together with prohibit the Required Majority from Regulated Funds that are BDCs. Section the amount proposed to be invested by reaching the conclusions required by 17(d) of the Act and rule 17d–1 under the other participating Regulated Funds this condition 2(c)(iii), if: the Act are applicable to Regulated and Affiliated Funds, collectively, in the (A) The Eligible Directors will have Funds that are registered closed-end same transaction, exceeds the amount of the right to ratify the selection of such investment companies. the investment opportunity, the director or board observer, if any; 2. Section 17(d) of the Act and rule investment opportunity will be (B) the applicable Adviser agrees to, 17d–1 under the Act prohibit affiliated allocated among them pro rata based on and does, provide periodic reports to persons of a registered investment each participant’s capital available for the Regulated Fund’s Board with respect company from participating in joint investment in the asset class being to the actions of such director or the transactions with the company unless allocated, up to the amount proposed to information received by such board the Commission has granted an order be invested by each. The applicable observer or obtained through the permitting such transactions. In passing Adviser will provide the Eligible exercise of any similar right to upon applications under rule 17d–1, the Directors of each participating participate in the governance or Commission considers whether the Regulated Fund with information management of the portfolio company; company’s participation in the joint concerning each participating party’s and transaction is consistent with the available capital to assist the Eligible (C) any fees or other compensation provisions, policies, and purposes of the Directors with their review of the that any Affiliated Fund or any Act and the extent to which such Regulated Fund’s investments for Regulated Fund or any affiliated person

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of any Affiliated Fund or any Regulated terms, conditions, price, class of 8. (a) If any Affiliated Fund or any Fund receives in connection with the securities to be purchased, settlement Regulated Fund desires to make a right of an Affiliated Fund or a date, and registration rights will be the Follow-On Investment in a portfolio Regulated Fund to nominate a director same for each participating Regulated company whose securities were or appoint a board observer or otherwise Fund and Affiliated Fund. The grant to acquired in a Co-Investment to participate in the governance or an Affiliated Fund or another Regulated Transaction, the applicable Advisers management of the portfolio company Fund, but not the Regulated Fund, of will: will be shared proportionately among the right to nominate a director for (i) Notify each Regulated Fund that the participating Affiliated Funds (who election to a portfolio company’s board participated in the Co-Investment each may, in turn, share its portion with of directors, the right to have an Transaction of the proposed transaction its affiliated persons) and the observer on the board of directors or at the earliest practical time; and participating Regulated Funds in similar rights to participate in the (ii) formulate a recommendation as to accordance with the amount of each governance or management of the the proposed participation, including party’s investment; and portfolio company will not be the amount of the proposed Follow-On (iv) the proposed investment by the interpreted so as to violate this Investment, by each Regulated Fund. Regulated Fund will not benefit the condition 6, if conditions 2(c)(iii)(A), (B) (b) A Regulated Fund may participate Advisers, the Affiliated Funds or the and (C) are met. in such Follow-On Investment without other Regulated Funds or any affiliated 7. (a) If any Affiliated Fund or any obtaining prior approval of the Required person of any of them (other than the Regulated Fund elects to sell, exchange Majority if: (i) The proposed parties to the Co-Investment or otherwise dispose of an interest in a participation of each Regulated Fund Transaction), except (A) to the extent security that was acquired in a Co- and each Affiliated Fund in such permitted by condition 13, (B) to the Investment Transaction, the applicable investment is proportionate to its extent permitted by sections 17(e) or Advisers will: outstanding investments in the issuer immediately preceding the Follow-On 57(k) of the Act, as applicable, (C) (i) Notify each Regulated Fund that Investment; and (ii) the Board of the indirectly, as a result of an interest in participated in the Co-Investment Regulated Fund has approved as being the securities issued by one of the Transaction of the proposed disposition in the best interests of the Regulated parties to the Co-Investment at the earliest practical time; and Fund the ability to participate in Transaction, or (D) in the case of fees or (ii) formulate a recommendation as to Follow-On Investments on a pro rata other compensation described in participation by each Regulated Fund in basis (as described in greater detail in condition 2(c)(iii)(C). the disposition. the application). In all other cases, the 3. Each Regulated Fund has the right (b) Each Regulated Fund will have the Adviser will provide its written to decline to participate in any Potential right to participate in such disposition recommendation as to the Regulated Co-Investment Transaction or to invest on a proportionate basis, at the same Fund’s participation to the Eligible less than the amount proposed. price and on the same terms and Directors, and the Regulated Fund will 4. The applicable Adviser will present conditions as those applicable to the participate in such Follow-On to the Board of each Regulated Fund, on participating Affiliated Funds and any Investment solely to the extent that a a quarterly basis, a record of all other Regulated Fund. Required Majority determines that it is investments in Potential Co-Investment (c) A Regulated Fund may participate Transactions made by any of the other in the Regulated Fund’s best interests. in such disposition without obtaining (c) If, with respect to any Follow-On Regulated Funds or Affiliated Funds prior approval of the Required Majority during the preceding quarter that fell Investment: if: (i) The proposed participation of each (i) The amount of the opportunity is within the Regulated Fund’s then- Regulated Fund and each Affiliated not based on the Regulated Funds’ and current Objectives and Strategies that Fund in such disposition is the Affiliated Funds’ outstanding were not made available to the proportionate to its outstanding investments immediately preceding the Regulated Fund, and an explanation of investments in the issuer immediately Follow-On Investment; and why the investment opportunities were preceding the disposition; (ii) the Board (ii) the aggregate amount not offered to the Regulated Fund. All of the Regulated Fund has approved as recommended by the Adviser to be information presented to the Board being in the best interests of the invested by each Regulated Fund in the pursuant to this condition will be kept Regulated Fund the ability to participate Follow-On Investment, together with for the life of the Regulated Fund and in such dispositions on a pro rata basis the amount proposed to be invested by at least two years thereafter, and will be (as described in greater detail in the the participating Affiliated Funds in the subject to examination by the application); and (iii) the Board of the same transaction, exceeds the amount of Commission and its staff. Regulated Fund is provided on a the opportunity; then the amount 5. Except for Follow-On Investments quarterly basis with a list of all invested by each such party will be made in accordance with condition 8,11 dispositions made in accordance with allocated among them pro rata based on a Regulated Fund will not invest in this condition. In all other cases, the each participant’s capital available for reliance on the Order in any issuer in Adviser will provide its written investment in the asset class being which another Regulated Fund, recommendation as to the Regulated allocated, up to the amount proposed to Affiliated Fund, or any affiliated person Fund’s participation to the Eligible be invested by each. of another Regulated Fund or Affiliated Directors, and the Regulated Fund will (d) The acquisition of Follow-On Fund is an existing investor. participate in such disposition solely to Investments as permitted by this 6. A Regulated Fund will not the extent that a Required Majority condition will be considered a Co- participate in any Potential Co- determines that it is in the Regulated Investment Transaction for all purposes Investment Transaction unless the Fund’s best interests. and subject to the other conditions set (d) Each Affiliated Fund and each forth in the application. 11 This exception applies only to Follow-On 9. The Non-Interested Directors of Investments by a Regulated Fund in issuers in Regulated Fund will bear its own which that Regulated Fund already holds expenses in connection with any such each Regulated Fund will be provided investments. disposition. quarterly for review all information

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concerning Potential Co-Investment banks having the qualifications Authority, Inc. (‘‘FINRA’’) filed with the Transactions and Co-Investment prescribed in section 26(a)(1) of the Act, Securities and Exchange Commission Transactions, including investments and the account will earn a competitive (‘‘Commission’’) the proposed rule made by other Regulated Funds or rate of interest that will also be divided change as described in Items I and II Affiliated Funds that the Regulated pro rata among the participating below, which Items have been prepared Fund considered but declined to Regulated Funds and Affiliated Funds by FINRA. FINRA filed the proposed participate in, so that the Non-Interested based on the amounts they invest in rule change pursuant to Section Directors may determine whether all such Co-Investment Transaction. None 19(b)(3)(A)(iii) of the Act 3 and Rule investments made during the preceding of the Affiliated Funds, the Advisers, 19b–4(f)(6) thereunder.4 The quarter, including those investments the other Regulated Funds or any Commission is publishing this notice to that the Regulated Fund considered but affiliated person of the Regulated Funds solicit comments on the proposed rule declined to participate in, comply with or Affiliated Funds will receive change from interested persons. additional compensation or the conditions of the Order. In addition, I. Self-Regulatory Organization’s remuneration of any kind as a result of the Non-Interested Directors will Statement of the Terms of Substance of or in connection with a Co-Investment consider at least annually the continued the Proposed Rule Change appropriateness for the Regulated Fund Transaction (other than (a) in the case of participating in new and existing Co- of the Regulated Funds and the FINRA is proposing to establish an Investment Transactions. Affiliated Funds, the pro rata implementation date for certain trade 10. Each Regulated Fund will transaction fees described above and modifiers required on trade reports to maintain the records required by section fees or other compensation described in the Transaction Reporting and 57(f)(3) of the Act as if each of the condition 2(c)(iii)(C); and (b) in the case Compliance Engine (‘‘TRACE’’) Regulated Funds were a BDC and each of an Adviser, investment advisory fees involving U.S. Treasury Securities. The of the investments permitted under paid in accordance with the agreement proposed rule change does not make these conditions were approved by the between the Adviser and the Regulated any changes to the text of FINRA rules. Required Majority under section 57(f) of Fund or Affiliated Fund. II. Self-Regulatory Organization’s the Act. 14. If the Holders own in the aggregate Statement of the Purpose of, and 11. No Non-Interested Director of a more than 25 percent of the Shares of Statutory Basis for, the Proposed Rule Regulated Fund will also be a director, a Regulated Fund, then the Holders will Change general partner, managing member or vote such Shares as directed by an independent third party when voting on In its filing with the Commission, principal, or otherwise an ‘‘affiliated FINRA included statements concerning person’’ (as defined in the Act), of an (1) the election of directors; (2) the removal of one or more directors; or (3) the purpose of and basis for the Affiliated Fund. proposed rule change and discussed any 12. The expenses, if any, associated any other matter under either the Act or applicable State law affecting the comments it received on the proposed with acquiring, holding or disposing of rule change. The text of these statements any securities acquired in a Co- Board’s composition, size or manner of election. may be examined at the places specified Investment Transaction (including, in Item IV below. FINRA has prepared without limitation, the expenses of the For the Commission, by the Division of summaries, set forth in sections A, B, distribution of any such securities Investment Management, under delegated authority. and C below, of the most significant registered for sale under the Securities aspects of such statements. Act) will, to the extent not payable by Eduardo A. Aleman, the Advisers under their respective Assistant Secretary. A. Self-Regulatory Organization’s investment advisory agreements with [FR Doc. 2017–13263 Filed 6–23–17; 8:45 am] Statement of the Purpose of, and the Affiliated Funds and the Regulated BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule Funds, be shared by the Regulated Change Funds and the Affiliated Funds in 1. Purpose proportion to the relative amounts of the SECURITIES AND EXCHANGE securities held or to be acquired or COMMISSION On October 18, 2016, the Commission disposed of, as the case may be. approved a proposed rule change to [Release No. 34–80975; File No. SR–FINRA– require FINRA members to report 13. Any transaction fee 12 (including 2017–018] break-up or commitment fees but certain transactions in U.S. Treasury 5 excluding broker’s fees contemplated by Self-Regulatory Organizations; Securities to TRACE. The new rules section 17(e) or 57(k) of the Act, as Financial Industry Regulatory included two new trade modifiers, applicable) received in connection with Authority, Inc.; Notice of Filing and which are described below, for use on a Co-Investment Transaction will be Immediate Effectiveness of a Proposed certain types of trades in U.S. Treasury distributed to the participating Rule Change Relating to the Securities reported to TRACE. On Regulated Funds and Affiliated Funds Implementation Date for Trade October 19, 2016, FINRA announced on a pro rata basis based on the amounts Modifiers When Reporting that the reporting requirements would they invested or committed, as the case Transactions in U.S. Treasury 3 may be, in such Co-Investment Securities 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b–4(f)(6). Transaction. If any transaction fee is to June 20, 2017. 5 See Securities Exchange Act Release No. 79116 be held by an Adviser pending Pursuant to Section 19(b)(1) of the (October 18, 2016), 81 FR 73167 (October 24, 2016) consummation of the transaction, the (Notice of Filing of Amendment No. 1 and Order Securities Exchange Act of 1934 fee will be deposited into an account Granting Accelerated Approval of File No. SR– (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 FINRA–2016–027) (‘‘Original Filing’’). The Original maintained by such Adviser at a bank or notice is hereby given that on June 12, Filing stated that the implementation date for the 2017, Financial Industry Regulatory new rules would be no later than 365 days 12 Applicants are not requesting and the staff is following Commission approval. FINRA is filing the not providing any relief for transaction fees current proposed rule change to extend the received in connection with any Co-Investment 1 15 U.S.C. 78s(b)(1). implementation date for the trade modifiers beyond Transaction. 2 17 CFR 240.19b–4. the 365-day period set forth in the Original Filing.

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be implemented beginning July 10, the-run’’ security as part of a transaction larger firms, for example, indicated that 2017; however, FINRA noted that, in an ‘‘off-the-run’’ security). U.S. Treasury Securities are typically although the two new trade modifiers FINRA noted that the use of these traded across many desks within the could be used by members when modifiers on TRACE trade reports firm and this increases compliance costs reporting trades beginning on July 10, involving U.S. Treasury Securities will because the new modifiers need to be 2017, FINRA would announce at a later allow FINRA to better understand and identified by individual traders, as they time when the modifiers would be evaluate execution prices for specific are uniquely situated to know whether required.6 The current proposed rule transactions that may otherwise appear a specific trade is associated with a change establishes February 5, 2018, as aberrant if, for example, they are cross-instrument strategy that would the implementation date for the two significantly outside of the price range require the modifier.11 Some firms also new modifiers. for that security at that time. Among suggested that it may be difficult for a The Original Filing amended the other things, these modifiers should trader to know at the time of a trade TRACE rules to require that transactions reduce the number of false positive whether it is part of a cross-instrument in U.S. Treasury Securities, as defined results that could be generated through strategy, thus increasing complexity and in Rule 6710, be reported to TRACE. To automated surveillance patterns that their regulatory risk. When proposing effectuate this requirement, the Original include the price as part of the pattern. the requirements, FINRA noted that it Filing amended the definition of As noted above, the new TRACE planned to phase in the modifiers to ‘‘TRACE-Eligible Security’’ to include reporting requirements for U.S. Treasury simplify the immediate implementation U.S. Treasury Securities and amended Securities are scheduled to be of the proposed rule change and provide the definition of ‘‘U.S. Treasury implemented beginning July 10, 2017,9 firms additional time to make the Security’’ to exclude savings bonds. The and the proposed rule change necessary changes to implement the term ‘‘U.S. Treasury Securities’’ establishes February 5, 2018, as the new modifiers.12 The proposed rule therefore includes Treasury bills, notes, implementation date for the two new change is consistent with these and bonds, as well as separate principal modifiers. representations and provides firms with and interest components of a U.S. FINRA has filed the proposed rule additional time after they begin Treasury Security separated pursuant to change for immediate effectiveness. The reporting transactions in U.S. Treasury the Separate Trading of Registered implementation date will be February 5, Securities to TRACE to implement the Interest and Principal of Securities 2018. requirement to append modifiers if (STRIPS) program operated by the 2. Statutory Basis applicable. Treasury Dept.7 C. Self-Regulatory Organization’s The Original Filing also included FINRA believes that the proposed rule Statement on Comments on the amendments to Rule 6730 to require the change is consistent with the provisions 10 Proposed Rule Change Received From use of two new modifiers, when of Section 15A(b)(6) of the Act, which Members, Participants, or Others applicable, to reported transactions in requires, among other things, that U.S. Treasury Securities. When FINRA rules must be designed to Written comments were neither proposing the rule, FINRA noted that prevent fraudulent and manipulative solicited nor received. acts and practices, to promote just and transactions in U.S. Treasury Securities III. Date of Effectiveness of the that are executed as part of larger equitable principles of trade, and, in general, to protect investors and the Proposed Rule Change and Timing for trading strategies can often be priced Commission Action away from the current market for public interest. Based on discussions legitimate reasons.8 FINRA therefore with multiple FINRA members, FINRA Because the foregoing proposed rule adopted two new modifiers to require believes that providing members with change does not: (i) Significantly affect members to indicate that particular an additional six months after the the protection of investors or the public transactions are part of larger trading implementation of the new TRACE interest; (ii) impose any significant strategies. requirements to report transactions in burden on competition; and (iii) become First, the amendments require that U.S. Treasury Securities to report the operative for 30 days from the date on members append a ‘‘.B’’ modifier to a trade modifiers on applicable which it was filed, or such shorter time trade report if the transaction being transactions will give them sufficient as the Commission may designate, it has reported is part of a series of time to program systems to comply with become effective pursuant to Section 13 transactions where at least one of the the requirement. 19(b)(3)(A) of the Act and Rule 19b– 4(f)(6) thereunder.14 transactions involves a futures contract B. Self-Regulatory Organization’s At any time within 60 days of the (e.g., a ‘‘basis’’ trade). Second, the Statement on Burden on Competition amendments require that members filing of the proposed rule change, the FINRA does not believe that the Commission summarily may append a ‘‘.S’’ modifier to a trade report proposed rule change will result in any if the transaction being reported is part temporarily suspend such rule change if burden on competition that is not it appears to the Commission that such of a series of transactions and may not necessary or appropriate in furtherance be priced based on the current market of the purposes of the Act. 11 See Securities Exchange Act Release No. 78359 (e.g., a fixed price transaction in an ‘‘on- As noted in the Original Filing, the (July 19, 2016), 81 FR 48465, 48471 (July 25, 2016). new modifiers may introduce additional 12 See id. at 48469, n.25; see also Original Filing, 6 See Regulatory Notice 16–39 (October 2016). complexity to the proposed reporting, as supra note 5, at 73170. 7 13 The STRIPS program is a program operated by traders at FINRA-member firms must 15 U.S.C. 78s(b)(3)(A). the Treasury Dept. under which eligible securities 14 In addition, Rule 19b–4(f)(6)(iii) requires a self- are authorized to be separated into principal and apply the modifiers correctly and regulatory organization to provide the Commission interest components and transferred separately. See consistently to ensure meaningful data with written notice of its intent to file the proposed 31 CFR 356.2; see generally 31 CFR 356.31 collection. FINRA noted that, in rule change, along with a brief description and the (providing details on how the STRIPS program discussions with market participants, text of the proposed rule change, at least five works). business days prior to the date of filing of the 8 See Securities Exchange Act Release No. 78359 proposed rule change, or such shorter time as (July 19, 2016), 81 FR 48465, 48468 (July 25, 2016) 9 See Regulatory Notice 16–39 (October 2016). designated by the Commission. FINRA complied (Notice of Filing of SR–FINRA–2016–027). 10 15 U.S.C. 78o–3(b)(6). with this requirement.

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action is necessary or appropriate in the 2017–018, and should be submitted on Commission is approving the proposed public interest, for the protection of or before July 17, 2017. rule changes, as modified by investors, or otherwise in furtherance of For the Commission, by the Division of Amendment No. 1. the purposes of the Act. If the Trading and Markets, pursuant to delegated II. Description of the Proposed Rule Commission takes such action, the authority.15 Change Commission shall institute proceedings Eduardo A. Aleman, to determine whether the proposed rule Assistant Secretary. ICE Clear Europe has proposed should be approved or disapproved. [FR Doc. 2017–13230 Filed 6–23–17; 8:45 am] changes to its EOD Price Discovery IV. Solicitation of Comments BILLING CODE 8011–01–P Policy that are designed to implement a Interested persons are invited to new price submission process. As part submit written data, views, and of its current price submission process, SECURITIES AND EXCHANGE ICE Clear Europe requires Clearing arguments concerning the foregoing, COMMISSION including whether the proposed rule Members to submit certain required change is consistent with the Act. [Release No. 34–80978; File No. SR–ICEEU– price information to an intermediary, Comments may be submitted by any of 2017–003] which ICE Clear Europe then obtains the following methods: and uses as part of its price discovery Self-Regulatory Organizations; ICE process. The proposed rule changes Electronic Comments Clear Europe Limited; Notice of Filing would eliminate the use of the of Amendment No. 1 and Order • Use the Commission’s Internet intermediary in the price submission Approving Proposed Rule Change, as comment form (http://www.sec.gov/ process and instead require Clearing Modified by Amendment No. 1 Thereto, rules/sro.shtml); or Members to submit required price • Relating to ICE Clear Europe’s End-of- Send an email to rule-comments@ Day Price Discovery Policy information directly to ICE Clear sec.gov. Please include File Number SR– Europe. In order to implement the direct FINRA–2017–018 on the subject line. June 20, 2017. price submission process, ICE Clear Paper Comments I. Introduction Europe proposed to amend its EOD Price Discovery Policy to (1) require • Send paper comments in triplicate On March 10, 2017, ICE Clear Europe Clearing Members establish direct to Brent J. Fields, Secretary, Securities Limited (‘‘ICE Clear Europe’’) filed with connectivity with ICE Clear Europe and and Exchange Commission, 100 F Street the Securities and Exchange use a FIX API to provide ICE Clear NE., Washington, DC 20549–1090. Commission (‘‘Commission’’), pursuant Europe with the required price All submissions should refer to File to Section 19(b)(1) of the Securities information, (2) add references to FIX Exchange Act of 1934 (‘‘Act’’) 1 and Rule Number SR–FINRA–2017–018. This file API terminology, and (3) make revisions 19b–4 thereunder,2 a proposed rule number should be included on the reflecting the replacement of existing subject line if email is used. To help the change (SR–ICEEU–2017–003) to amend ICE Clear Europe’s CDS End-of-Day trade date files with FIX API firm trade Commission process and review your messages.6 Moreover, ICE Clear Europe comments more efficiently, please use Price Discovery Policy (‘‘EOD Price Discovery Policy’’) to implement a new proposed amending the Pricing Policy only one method. The Commission will to note that ICE Clear Europe will send post all comments on the Commission’s price submission process for Clearing FIX API messages directly to Clearing Internet Web site (http://www.sec.gov/ Members. The proposed rule change Members, and to remove references to rules/sro.shtml). Copies of the was published for comment in the 3 the intermediary and its ‘‘Valuation submission, all subsequent Federal Register on March 23, 2017. amendments, all written statements The Commission did not receive Service API’’ that ICE Clear Europe 7 with respect to the proposed rule comments regarding the proposed previously used. Although ICE Clear change that are filed with the changes. On May 1, 2017, the Europe proposed additional minor Commission, and all written Commission extended the period in changes to the timing of various steps in communications relating to the which to approve, disapprove, or the pricing process, these proposed proposed rule change between the institute proceedings to determine changes would not affect the actual Commission and any person, other than whether to disapprove the proposed settlement submission windows.8 4 those that may be withheld from the rule change to June 21, 2017. On June In addition to the changes described public in accordance with the 9, 2017, ICE Clear Europe filed above, ICE Clear Europe also proposed Amendment No. 1 to the proposal.5 For provisions of 5 U.S.C. 552, will be changes with respect to the format of the reasons discussed below, the available for Web site viewing and information required to be submitted by printing in the Commission’s Public Clearing Members for the CDX.NA.HY Reference Room, 100 F Street NE., 15 17 CFR 200.30–3(a)(12). 1 index. Moreover, ICE Clear Europe Washington, DC 20549 on official 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. proposed modifications to the process business days between the hours of 3 Securities Exchange Act Release No. 34–80269 for distributing end-of-day prices, which 10:00 a.m. and 3:00 p.m. Copies of such (March 17, 2017), 82 FR 14925 (March 23, 2017) will result in ICE Clear Europe filing also will be available for (SR–ICEEU–2017–003) (‘‘Notice’’). publishing separate messages setting inspection and copying at the principal 4 Securities Exchange Act Release No. 34–80566 forth end-of-day price information for office of FINRA. All comments received (May 1, 2017), 82 FR 21287 (May 5, 2017). 5 will be posted without change; the ICE Clear Europe filed Amendment No. 1 to single name and index CDS to Clearing clarify that the implementation date for the Members.9 Commission does not edit personal proposed rule change will be July 10, 2017, and to identifying information from note that ICE Clear Europe will issue a circular submissions. You should submit only confirming this timeline in advance of the July 10, 6 Notice, 82 FR at 14925. 2017 implementation date. Because Amendment 7 Id. information that you wish to make No. 1 is a clarifying amendment that does not alter available publicly. All submissions the substance of the propose rule change the 8 Id. should refer to File Number SR–FINRA– Commission is not publishing it for comment. 9 Id.

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III. Discussion and Commission transactions consistent with Section notice is hereby given that on June 12, Findings 17A(b)(3)(F). 2017, Bats EDGA Exchange, Inc. (the For similar reasons, the proposed rule Section 19(b)(2)(C) of the Act directs ‘‘Exchange’’ or ‘‘EDGA’’) filed with the changes are also consistent with Rule the Commission to approve a propose Securities and Exchange Commission 17Ad–22(e)(17) in that they are rule change of a self-regulatory (‘‘Commission’’) the proposed rule designed to reduce operational risk organization if it finds that such change as described in Items I and II outside of ICE Clear Europe’s control.13 below, which Items have been prepared proposed rule change is consistent with The proposed rule changes are intended by the Exchange. The Exchange has the requirements of the Act and the to reduce ICE Clear Europe’s external designated the proposed rule change as rules and regulations thereunder operational risk by implementing an one establishing or changing a member applicable to such organization.10 appropriate system that will allow ICE due, fee, or other charge imposed by the Section 17A(b)(3)(F) of the Act requires, Clear Europe to exert greater control Exchange under Section 19(b)(3)(A)(ii) among other things, that the rules of a over the price submission process by of the Act 3 and Rule 19b–4(f)(2) registered clearing agency be designed requiring direct connection and thereunder,4 which renders the to promote the prompt and accurate communication between ICE Clear proposed rule change effective upon clearance and settlement of securities Europe and its Clearing Members filing with the Commission. The transactions and, to the extent instead of relying on an intermediary to Commission is publishing this notice to applicable, derivative agreements, collect price information needed for ICE 11 solicit comments on the proposed rule contracts, and transactions. Rule Clear Europe’s price discovery process. change from interested persons. 17Ad–22(e)(17) requires, in relevant As a result, because ICE Clear Europe part, that a registered clearing agency will be able to reduce its reliance on I. Self-Regulatory Organization’s establish, implement, maintain, and intermediaries, and thereby reduce Statement of the Terms of Substance of enforce written policies and procedures operational risk that is outside of its the Proposed Rule Change reasonably designed to manage the control, the Commission finds that the The Exchange filed a proposal to covered clearing agency’s operational proposed rule changes are consistent amend its fee schedule to replace its risk by identifying the plausible sources with the requirements of Rule 17Ad– current inverted pricing model with a of operational risk, both internal and 22(e)(17). simple, low fee model. external, and mitigating their impact The text of the proposed rule change through the use of appropriate systems, IV. Conclusion is available at the Exchange’s Web site policies, procedures, and controls, and It is therefore ordered pursuant to at www.bats.com, at the principal office by ensuring that systems have a high Section 19(b)(2) of the Act that the of the Exchange, and at the degree of security, resiliency, proposed rule change (SR–ICEEU–2017– Commission’s Public Reference Room. operational reliability, and adequate, 003), as amended by Amendment No. 1 II. Self-Regulatory Organization’s scalable capacity.12 14 thereto, be, and hereby is, approved. Statement of the Purpose of, and The Commission finds that the For the Commission by the Division of Statutory Basis for, the Proposed Rule proposed rule change, which modifies Trading and Markets, pursuant to delegated Change ICE Clear Europe’s EOD Price Discovery authority.15 Policy to implement a direct price In its filing with the Commission, the submission process for Clearing Eduardo A. Aleman, Exchange included statements Members, is consistent with Section Assistant Secretary. concerning the purpose of and basis for the proposed rule change and discussed 17A of the Act and Rule 17Ad–22 [FR Doc. 2017–13231 Filed 6–23–17; 8:45 am] any comments it received on the thereunder. The proposed rule change is BILLING CODE 8011–01–P consistent with the requirements of proposed rule change. The text of these Section 17A(b)(3)(F) that the rules of a statements may be examined at the registered clearing agency be designed SECURITIES AND EXCHANGE places specified in Item IV below. The to promote the prompt and accurate COMMISSION Exchange has prepared summaries, set clearance and settlement of securities forth in Sections A, B, and C below, of transactions and, to the extent [Release No. 34–80976; File No. SR– the most significant parts of such BatsEDGA–2017–18] applicable, derivative agreements, statements. contracts, and transactions. By reducing Self-Regulatory Organizations; Bats A. Self-Regulatory Organization’s operational risk the proposed rule EDGA Exchange, Inc.; Notice of Filing Statement of the Purpose of, and the changes reduce the likelihood that ICE and Immediate Effectiveness of a Statutory Basis for, the Proposed Rule Clear Europe will be unable to complete Proposed Rule Change Related To Change its end-of-day price discovery process. Amend Its Fee Schedule To Replace 1. Purpose Completion of the end-of-day price Current Inverted Pricing Model With discovery process is a necessary and Low Fee Model Most exchanges today utilize maker- essential element in ICE Clear Europe’s taker pricing under which they provide clearance and settlement processes. The June 20, 2017. a rebate to orders that add liquidity and Commission believes that the proposed Pursuant to Section 19(b)(1) of the charge a fee to orders that remove changes should enhance ICE Clear Securities Exchange Act of 1934 (the liquidity. The Exchange currently Europe’s ability to complete the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 incorporates an inverse of that pricing necessary pricing process effectively model under which it charges a fee to and thereby promote the prompt and 13 Id. add liquidity and provides a rebate to accurate clearance and settlement of 14 In approving the proposed rule change, the remove liquidity. As described below, Commission considered the proposal’s impact on derivative agreements, contracts and efficiency, competition, and capital formation. 15 the Exchange proposes to amend its fee U.S.C. 78c(f). schedule to replace its current inverted 10 15 U.S.C. 78s(b)(2)(C). 15 17 CFR 200.30–3(a)(12). 11 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(ii). 12 17 CFR 240.17Ad–22(e)(17). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(2).

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pricing model with a simple, low fee at least 50,000 shares. Any attributed Regular Trading Hours, are currently model. MPID not meeting this criteria is charged a fee of $0.00050 per share. The Exchange submits this proposal charged $0.0030 per share for removing Orders that yield fee code B would now in response to the industry feedback and liquidity for securities priced $1.00 and be charged the proposed standard fee of the debate regarding exchange fee over and 0.20% of dollar value for $0.00030 per share. structures. Rule 610 of Regulation NMS securities priced less than $1.00. The • Fee code BB, which is appended to limits the fees that a Trading Center 5 Exchange now proposes to charge a fee orders that remove liquidity from the may charge for accessing its Protected of $0.00030 per share to all Displayed 11 Exchange in Tape B securities during of Quotation at $0.0030 per share.6 This orders in securities priced above $1.00, Regular Trading Hours, are currently fee cap has served to create a cap on regardless of whether they add or provided a rebate of $0.00020 per share. rebates with exchange’s charging at or remove liquidity. The Exchange does Orders that yield fee code BB would near the access fee cap to remove not propose any contingency now be charged the proposed standard liquidity and providing a rebate to requirements or conditions that fee of $0.00030 per share. orders that add liquidity. Recent Members must satisfy to receive the • Fee code CR, which is appended to industry discourse has focused on fee proposed rates. Therefore, the Exchange orders that remove liquidity from the structures and their purported effect on proposes to delete footnote 1 12 of the Exchange using an eligible routing liquidity provision, liquidity taking, fee schedule as receipt of the proposed strategy, are currently provided a rebate potential conflicts and order routing in fee would not be contingent on the of $0.00020 per share. Under footnote the U.S. equity market. In addition, the MPID adding (including Non-Displayed) 12, the eligible routing strategies for fee Commission’s Equity Market Structure and/or routing an ADV of at least 50,000 code CR are ROUT, RDOT, ROUE, Advisory Committee (‘‘EMSAC’’) shares. All Displayed orders in ROUC, and ROCO. The Exchange recommended that the Commission securities priced below $1.00 would proposes to delete fee code CR and propose a pilot program to adjust the continue to be free and not be footnote 12 as orders that remove access fee cap under Rule 610 of contingent to any minimum volume liquidity from the Exchange, regardless Regulation NMS to better understand requirements. of whether any portion of that order is these dynamics.7 In addition, some As a result of the proposed change, routed away would now be charged the exchanges have experimented with the Exchange proposes to make proposed standard fee of $0.00030 per solutions, such as the recent pilot corresponding changes to the following share as set forth under the Standard implemented by the Nasdaq Stock fee codes for securities priced at or Rates table. The Exchange also proposes Market LLC (‘‘Nasdaq’’), with limited above $1.00: to delete fee code CR from the Standard success. Other exchanges have proposed • Fee code 3, which is appended to Rate table. to not offer rebates and implemented a orders that add liquidity on the • Fee code N, which is appended to low fee model 8 as the Exchange Exchange in Tape A and C securities orders that remove liquidity from the proposes herein. The Exchange now outside of Regular Trading Hours,13 are Exchange in Tape C securities during of proposes to amend its fee schedule to no currently charged a fee of $0.00050 per Regular Trading Hours, are currently longer provide rebates and to modify or share. Orders that yield fee code B provided a rebate of $0.00020 per share. eliminate other types of incentive would now be charged the proposed Orders that yield fee code N would now pricing under its current taker-maker standard fee of $0.00030 per share. be charged the proposed standard fee of pricing model. As amended, the • Fee code 4, which is appended to $0.00030 per share. • Exchange would adopt a new low fee orders that add liquidity on the Fee code PR, which is appended to pricing model under which it would Exchange in Tape B securities outside of orders that remove liquidity from the charge a low fee or provide the Regular Trading Hours, are currently Exchange using an eligible routing execution free of charge. The proposed charged a fee of $0.00050 per share. strategy, are currently provided a rebate low fee model is described below. Orders that yield fee code 4 would now of $0.00020 per share. Under footnote 6, be charged the proposed standard fee of the eligible routing strategies for fee Displayed Order Fee Change $0.00030 per share. code PR are ROUZ, ROUD, and ROUQ. In securities priced at or above $1.00, • Fee code 6, which is appended to The Exchange proposes to delete fee the Exchange currently charges a fee of orders that remove liquidity from the code PR and footnote 6 as orders that $0.0005 per share for Displayed orders Exchange in all securities outside of remove liquidity from the Exchange, that add liquidity and provides a rebate Regular Trading Hours, are currently regardless of whether any portion of that $0.0002 per share for Displayed orders provided a rebate of $0.00020 per share. order is routed away would now be that remove liquidity. Receipt of this Orders that yield fee code 6 would now charged the proposed standard fee of removal rebate is contingent on the be charged the proposed standard fee of $0.00030 per share as set forth under the attributed Market Participant Identifier $0.00030 per share. Standard Rates table. The Exchange also (‘‘MPID’’) adding (including Non- • Fee code B, which is appended to proposes to delete fee code PR from the Displayed 9) and/or routing an ADV 10 of orders that add liquidity on the Standard Rate table. Exchange in Tape B securities during • Fee code V, which is appended to 5 See 17 CR 242.600(b)(78). orders that add liquidity on the 6 See 17 CFR 242.610(c). subset thereof, per day. See the Exchange’s fee Exchange in Tape A securities during 7 See EMSAC’s Regulation NMS Subcommittee, schedule available at http://www.bats.com/us/ Regular Trading Hours, are currently _ Recommendation for an Access Fee Pilot, June 10, equities/membership/fee schedule/edga/. charged a fee of $0.00050 per share. 2016, available at https://www.sec.gov/spotlight/ 11 See Exchange Rule 11.6(e)(1). Orders that yield fee code V would now emsac/emsac-regulation-nms-recommendation- 12 Due to the deletion of footnote 1, as well as the 61016.pdf. proposed deletion of other footnotes described be charged the proposed standard fee of 8 See the Investors Exchange, Inc. fee schedule herein, the Exchange proposes to renumber the $0.00030 per share. available at https://iextrading.com/trading/ (dated remaining footnotes and corresponding reference to • Fee code W, which is appended to August 19, 2016). those footnote throughout the fee schedule orders that remove liquidity from the 9 See Exchange Rule 11.6(e)(2). accordingly. 10 ADV means average daily volume calculated as 13 Regular Trading Hours is defined as ‘‘the time Exchange in Tape A securities during of the number of shares added to, removed from, or between 9:30 a.m. and 4:00 p.m. Eastern Time.’’ See Regular Trading Hours, are currently routed by, the Exchange, or any combination or Exchange Rule 1.5(y). provided a rebate of $0.00020 per share.

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Orders that yield fee code W would now added ADV as a percentage of TCV, yield fee code HA would now be free for be charged the proposed standard fee of whichever is lower. all securities regardless of whether they $0.00030 per share. • Under Step-Up Tier 2, the MPID are priced above or below $1.00. • Fee code XR, which is appended to adds an ADV equal to or greater than • Fee code HR is appended to Non- orders that remove liquidity from the 0.05% of the TCV more than the MPID’s Displayed orders that remove liquidity. Exchange using an eligible routing December 2012 added ADV as a Orders that yield fee code HR in strategy, are currently provided a rebate percentage of TCV or September 2013 securities priced at or above $1.00 are of $0.00020 per share. Under footnote 7, added ADV as a percentage of TCV, charged a standard fee of $0.0010 per the eligible routing strategies for fee whichever is lower; and an ‘‘added share and orders in securities priced code PR are DIRC, ROUX, RDOX, INET, liquidity’’ as a percentage of ‘‘added below $1.00 are charged a fee equal to ROBB, SWPA, and SWPB. The plus removed liquidity’’ equal to or 0.10% of the transaction’s dollar value. Exchange proposes to delete fee code greater than 85%. Orders in securities priced at or above XR and footnote 7 as orders that remove $1.00 that yield fee code HR would now Non-Displayed Order Fee Change liquidity from the Exchange, regardless be charged the proposed standard fee of of whether any portion of that order is In securities priced at or above $1.00, $0.00050 per share. Orders in securities routed away would now be charged the the Exchange currently charges a fee of priced below $1.00 would be charged proposed standard fee of $0.00030 per $0.0010 per share for Non-Displayed 0.05% of the transaction’s dollar value. share as set forth under the Standard orders that add or remove liquidity. The • Fee code RP, which is appended to Rates table. The Exchange also proposes Exchange now proposes to charge a fee Non-Displayed orders that add liquidity to delete fee code XR from the Standard of $0.00050 per share to Non-Displayed using Supplemental Peg Orders,16 are Rate table. orders in securities priced above $1.00 charged a fee of $0.00040 per share. • Fee code Y, which is appended to that remove liquidity (other than for fee Orders that yield fee code RP would orders that add liquidity on the code DT, which will be charged no fee, now be free. Exchange in Tape C securities during as described below) and to charge no fee In securities priced at or above $1.00, Regular Trading Hours, are currently or rebate for Non-Displayed orders that the Exchange currently charges a fee of charged a fee of $0.00050 per share. add liquidity. Unless noted below, the $0.00080 per share for Non-Displayed Orders that yield fee code Y would now Exchange does not propose to amend orders that add or remove liquidity be charged the proposed standard fee of the fees charged for Non-Displayed using MidPoint Peg Orders.17 The $0.00030 per share. orders in securities priced below $1.00. Exchange now proposes to charge a fee The Exchange determines the As a result of the proposed change, of $0.00050 per share to MidPoint Peg liquidity adding reduced fee that it will the Exchange proposes to make Orders in securities priced above $1.00 charge Members using a tiered pricing corresponding changes to the following that remove liquidity and to charge no structure. Currently, the Exchange fee codes for securities priced at or fee or rebate for MidPoint Peg Orders charges reduced fee of $0.00030 per above $1.00: that add liquidity. The Exchange does • share under three Volume Tiers and two Fee code DM is appended to Non- not propose to amend the fees charged Step-Up tiers described in footnote 4 of Displayed orders that add liquidity for MidPoint Peg Orders in securities the Fee Schedule. The Exchange using MidPoint Discretionary Orders.15 priced below $1.00. As a result of the proposes to delete all tiers listed under Orders that yield fee code DM in proposed change, the Exchange footnote 4 as all Displayed orders would securities priced at or above $1.00 are proposes to make corresponding be charged a fee of $0.00030 per share charged a fee of $0.00050 per share and changes to the following fee codes for regardless of whether the Member or orders in securities priced below $1.00 securities priced at or above $1.00: MPID achieves certain volume criteria. are charged a fee equal to 0.05% of the • Fee code MM is appended to Non- A description of each tier under transaction’s dollar value. Orders that Displayed orders that add liquidity footnote 4 that is to be deleted is below. yield fee code DM would now be free using MidPoint Peg Orders. Orders in • Under Volume Tier 1, a Member for all securities regardless of whether securities priced at or above $1.00 that must add an ADV equal to or greater they are priced above or below $1.00. yield fee code MM are currently charged 14 • than 1% of the TCV, including orders Fee code DT is appended to Non- a fee of $0.00080 per share. Orders in with a Non-Displayed instruction that Displayed orders that remove liquidity securities below $1.00 that yield fee add liquidity. using MidPoint Discretionary Orders. • code MT are currently charged a fee Under Volume Tier 2, a Members Orders that yield fee code DT in equal to 0.08% of the transaction’s must add an ADV equal to or greater securities priced at or above $1.00 are dollar value. Orders that yield fee code than 0.25% of the TCV, including orders charged a fee of $0.00050 per share and MM would now be free for all securities with a Non-Displayed instruction that orders in securities priced below $1.00 regardless of whether they are priced add liquidity; and removes an ADV of are charged a fee equal to 0.05% of the above or below $1.00. at least 0.25% of the TCV. transaction’s dollar value. Orders that • • Fee code MT is appended to Non- Under Volume Tier 3, a Member yield fee code DT would now be free for Displayed orders that remove liquidity must add an ADV equal to or greater all securities regardless of whether they using MidPoint Peg Orders. Orders in than 0.15% of TCV, including Non- are priced above or below $1.00. securities priced at or above $1.00 that • Displayed orders that add liquidity; and Fee code HA is appended to Non- yield fee code MT are currently charged has an ‘‘added liquidity’’ as a percentage Displayed orders that add liquidity a fee of $0.00080 per share. Orders in of ‘‘added plus removed liquidity’’ of at Orders that yield fee code HA in securities below $1.00 that yield fee least 85%. securities priced at or above $1.00 are code MT are currently charged a fee • Under Step-Up Tier 1, the MPID charged a fee of $0.00100 per share and equal to 0.08% of the transaction’s must add an ADV equal to or greater orders in securities priced below $1.00 dollar value. Orders that yield fee code than 0.10% of the TCV more than the are charged a fee equal to 0.10% of the MPID’s December 2012 added ADV as a transaction’s dollar value. Orders that 16 The operation of Supplemental Peg Orders is percentage of TCV or September 2013 described in Exchange Rule 11.8(g). 15 The operation of MidPoint Discretionary 17 The operation of MidPoint Peg Orders is 14 Id. Orders is described in Exchange Rule 11.8(e). described in Exchange Rule 11.8(d).

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MT in securities priced at or above criteria. Under Tier 1, a Member 2. Statutory Basis $1.00 would now be charged the receives a reduced fee of $0.0008 per The Exchange believes that the proposed standard fee of $0.00050 per share where they add or remove an ADV proposed rule change is consistent with share. Orders in securities priced below greater than or equal to 2,000,000 shares the objectives of Section 6 of the Act,20 $1.00 would be charged 0.05% of the using the RMPT or RMPL routing in general, and furthers the objectives of transaction’s dollar value. strategy. Under Tier 2, a Member Section 6(b)(4),21 in particular, as it is • Fee code PA, which is appended to receives a reduced fee of $0.0006 per designed to provide for the equitable orders that add liquidity using the share where they add or remove an ADV allocation of reasonable dues, fees and RMPT or RMPL routing strategies,18 are greater than or equal to 4,000,000 shares other charges among its Members and charged a fee of $0.00080 per share. using the RMPT or RMPL routing other persons using its facilities. The Orders that yield fee code PA would strategy. As described above, fee codes Exchange also believes the proposed now be charged no fee. PT and PX are appended to orders that rule change is not unfairly • Fee code PT, which is appended to remove liquidity or are routed, discriminatory as it would apply to all orders that add liquidity using the respectively, using the RMPT or RMPL Members. RMPT or RMPL routing strategies, are routing strategies. Orders that yield fee The Exchange believes its proposal to charged a fee of $0.00100 per share. code PT would be charged a fee of replace its current taker-maker pricing Orders that yield fee code PT would $0.00050 as proposed herein. Orders model with a new low fee model where now be charged the proposed standard that yield fee code PX would continue it would charge a fee or provide the fee of $0.00050 per share. to be charged a fee of $0.00120 per execution free of charge is equitable and Currently footnote 2 of the fee share. Because the fee for orders that reasonable as it would serve to simply schedule states that the rates for fee yield fee code PT would be lower than its fee schedule to provide low standard codes HA, HR, MM and MT are the reduced fee provided by the two rates for Displayed and Non-Displayed contingent upon Member adding or RMPT/RMPL Tiers, the Exchange orders while also eliminating rebates removing an ADV of at least 1,000,000 proposes to only apply the reduced fee and other pricing incentives. The shares Non-Displayed (yields fee codes for those tiers to orders that yield fee Exchange submits this proposal in HA, HR, DM, DT, MM, MT and RP) or code PX as those orders would be response to the industry feedback and Member adding an ADV of at least charged a higher fee of $0.00120 per the debate regarding exchange fee 8,000,000 shares (Displayed and Non- share if they do not achieve the RMPT/ structures. Recent industry discourse Displayed). For securities priced at or RMPL tier’s criteria. has focused on fee structures and their above $1.00, Members not meeting The Exchange also offers two tiers purported effect on liquidity provision, either minimum are currently charged under footnote 13, the Midpoint Add liquidity taking, potential conflicts and $0.0030 per share for fee codes HA, HR, and Remove Tiers, under which a order routing in the U.S. equity market. MM and MT. For securities priced Member receives a reduced fee of In addition, the Commission’s EMSAC below $1.00, Members not meeting $0.0006 or $0.0004 per share for orders recommended that the Commission either minimum are currently charged that yield fee code MM or MT where propose a pilot program to adjust the 0.30% of the dollar value of the that Member satisfies certain criteria. As access fee cap under Rule 610 of transaction. The Exchange does not described above, fee codes MM and MT Regulation NMS to better understand propose any contingency requirements 22 are appended to Midpoint Peg Orders these dynamics. Other exchanges have or conditions that Members must satisfy that add or remove liquidity, proposed to not offer rebates and to receive the proposed rates for Non- 23 respectively. Under Tier 1, Members are implemented a low fee model as the Displayed orders. Therefore, the charged a reduced fee of $0.0006 per Exchange proposes herein. The Exchange proposes to delete footnote 2 share where the Member has an ADV Exchange submits this proposal in of the fee schedule as receipt of the equal to or greater than 1,200,000 shares response to the industry feedback and proposed rates would not be contingent in orders that yield fee codes MM or debate regarding exchange fee structures on the Member meeting any volume MT. Under Tier 2, Members are charged and to move the discussion closer to a requirements. All Non-Displayed orders a reduced fee of $0.0004 per share market practice of reduced transaction in securities priced below $1.00 would where the Member has an ADV equal to costs. not be contingent to any minimum or greater than 2,500,000 shares in The proposed fee structure provides a volume requirements and subject to the orders that yield fee codes MM or MT. simple, straight forward low cost model current rates set forth in the applicable The Exchange proposes to delete all that seeks to treat both liquidity fee code. tiers listed under footnote 13 as all providers and removers equally. The Exchange also proposes to modify MidPoint Peg orders that remove Adopting a low fee model under which or delete tiers applicable to Non- liquidity would be charged the Displayed orders are charged the same Displayed Orders. The Exchange proposed standard rates regardless of low fee regardless of whether they add currently offers two tiers under footnote whether the Member achieves certain or remove liquidity will serve to provide 3, the RMPT/RMPL Tiers, under which volume criteria—a fee of $0.00050 per an equal economic incentive to a Member receives a discounted fee of share and those orders that add liquidity Members that not only seek to remove either $0.0006 or $0.0008 per share for would be charged no fee. liquidity, but also to add liquidity to the orders yielding fee codes PT or PX Exchange. The Exchange believes that where that Member satisfies certain Implementation Date reducing the standard fee for Displayed orders and charging no fee for Non- 18 The RMPL and RMPT routing strategies utilize The Exchange proposes to implement Displayed orders that add liquidity will a MidPoint Peg Order to check the System for the above changes to its fee schedule on available shares and any remaining shares are then 19 immediately. 20 sent to destinations on the System routing table that 15 U.S.C. 78f. support midpoint eligible orders. If any shares 21 15 U.S.C. 78f(b)(4). remain unexecuted after routing, they are posted on 19 The Exchange initially filed the proposal on 22 See supra note 7. the EDGA Book as a MidPoint Peg Order, unless June 1, 2017. (SR–BatsEDGA–2017–17). On June 12, 23 See the Investors Exchange, Inc. fee schedule otherwise instructed by the User. See Exchange 2017, the Exchange withdrew SR–BatsEDGA–2017– available at https://iextrading.com/trading/ (dated Rule 11.11(g)(13). 17 and submitted this filing. August 19, 2016).

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seek to further incentives Members to fees would serve to impair an Internet Web site (http://www.sec.gov/ add liquidity to the Exchange. The exchange’s ability to compete for order rules/sro.shtml). Copies of the potential increase in posted liquidity flow and members rather than submission, all subsequent would serve to improve price discovery, burdening competition. The Exchange amendments, all written statements depth of liquidity, and overall execution believes that its proposal would not with respect to the proposed rule quality on the Exchange. The Exchange burden intramarket competition because change that are filed with the further believes that it is equitable and the proposed rate would apply Commission, and all written reasonable to charge no fee for orders uniformly to all Members. communications relating to the that yield fee code DT, which is proposed rule change between the appended to Non-Displayed orders that C. Self-Regulatory Organization’s Commission and any person, other than remove liquidity using MidPoint Statement on Comments on the those that may be withheld from the Discretionary Orders, as it is intended to Proposed Rule Change Received From public in accordance with the incentives the use of MidPoint Members, Participants, or Others provisions of 5 U.S.C. 552, will be Discretionary Orders and improve The Exchange has not solicited, and available for Web site viewing and liquidity at the midpoint of the NBBO. does not intend to solicit, comments on printing in the Commission’s Public Charging no fee for orders that yield fee this proposed rule change. The Reference Room, 100 F Street NE., code DT is designed to encourage the Exchange has not received any written Washington, DC 20549, on official posting of contra-side orders that add comments from members or other business days between the hours of liquidity at the midpoint of the NBBO interested parties. 10:00 a.m. and 3:00 p.m. Copies of the as such orders could receive increased filing also will be available for III. Date of Effectiveness of the execution opportunities thought the inspection and copying at the principal possible increase in entry of MidPoint Proposed Rule Change and Timing for office of the Exchange. All comments Discretionary Orders. Commission Action received will be posted without change; The modification and elimination of The foregoing rule change has become the Commission does not edit personal certain reduced fees via the current effective pursuant to Section 19(b)(3)(A) identifying information from tiered pricing model as proposed herein of the Act 24 and paragraph (f) of Rule submissions. You should submit only is also equitable and reasonable because 19b–4 thereunder.25 At any time within information that you wish to make it would aid in simplifying the fee 60 days of the filing of the proposed rule available publicly. All submissions schedule and result in all Member’s change, the Commission summarily may should refer to File No. SR-BatsEDGA– being charged the same rates for all temporarily suspend such rule change if 2017–18, and should be submitted on or transactions regardless of their monthly it appears to the Commission that such before July 17, 2017. volumes. The Exchange generally action is necessary or appropriate in the For the Commission, by the Division of believes that volume-based pricing public interest, for the protection of Trading and Markets, pursuant to delegated provides benefits or discounts that are investors, or otherwise in furtherance of authority.26 reasonably related to: (i) The value to an the purposes of the Act. Eduardo A. Aleman, exchange’s market quality; (ii) Assistant Secretary. associated higher levels of market IV. Solicitation of Comments [FR Doc. 2017–13228 Filed 6–23–17; 8:45 am] activity, such as higher levels of Interested persons are invited to liquidity provision and/or growth submit written data, views, and BILLING CODE 8011–01–P patterns; and (iii) the introduction of arguments concerning the foregoing, higher volumes of orders into the price including whether the proposed rule SECURITIES AND EXCHANGE and volume discovery processes. change is consistent with the Act. COMMISSION However, the elimination of the Comments may be submitted by any of Exchange’s current tiered pricing is the following methods: [Release No. 34–80977; File No. SR– consistent with the proposed fee model BatsEDGX–2017–30] which is designed to attract additional Electronic Comments Self-Regulatory Organizations; Bats order flow though low fees for both • Use the Commission’s Internet EDGX Exchange, Inc.; Notice of Filing adding and removing liquidity. comment form (http://www.sec.gov/ and Immediate Effectiveness of a rules/sro.shtml); or B. Self-Regulatory Organization’s • Send an email to rule-comments@ Proposed Rule Change to Fees for Use Statement on Burden on Competition sec.gov. Please include File No. SR- on Bats EDGX Exchange, Inc. This proposed rule change does not BatsEDGA–2017–18 on the subject line. June 20, 2017. impose any burden on competition that Pursuant to Section 19(b)(1) of the is not necessary or appropriate in Paper Comments • Securities Exchange Act of 1934 (the furtherance of the purposes of the Act. Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange does not believe that this to Secretary, Securities and Exchange notice is hereby given that on June 12, change represents a significant Commission, 100 F Street NE., 2017, Bats EDGX Exchange, Inc. (the departure from previous pricing offered Washington, DC 20549–1090. ‘‘Exchange’’ or ‘‘EDGX’’) filed with the by the Exchange’s competitors. The All submissions should refer to File No. Securities and Exchange Commission proposed rates would apply uniformly SR-BatsEDGA–2017–18. This file (‘‘Commission’’) the proposed rule to all Members, and Members may opt number should be included on the change as described in Items I, II and III to disfavor the Exchange’s pricing if subject line if email is used. To help the below, which Items have been prepared they believe that alternatives offer them Commission process and review your by the Exchange. The Exchange has better value. Accordingly, the Exchange comments more efficiently, please use designated the proposed rule change as does not believe that the proposed only one method. The Commission will one establishing or changing a member changes will impair the ability of post all comments on the Commission’s Members or competing venues to 26 17 CFR 200.30–3(a)(12). maintain their competitive standing in 24 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). the financial markets. Further, excessive 25 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.

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due, fee, or other charge imposed by the liquidity with a displayed or IOC order.6 B,9 V,10 Y,11 3 12 and 4.13 The Exchange Exchange under Section 19(b)(3)(A)(ii) The proposed changes to AA, RA, and proposes to modify the criteria of the Act 3 and Rule 19b–4(f)(2) RR are proposed in light of these necessary to achieve the Investor Depth thereunder,4 which renders the changes. Tier as described below. proposed rule change effective upon Fee Code AA • Currently, under the Investor Depth filing with the Commission. The Tier a Member may be provided an Commission is publishing this notice to The Exchange proposes to modify the enhanced rebate of $0.0033 per share solicit comments on the proposed rule rate associated with orders yielding fee where that Member: (i) Adds an ADV 14 change from interested persons. code AA, which results from an order greater than or equal to 0.15% of the routed to EDGA using ALLB routing I. Self-Regulatory Organization’s 15 strategy,7 from a $0.0002 per share TCV; (ii) has an ‘‘added liquidity’’ as Statement of the Terms of Substance of a percentage of ‘‘added plus removed the Proposed Rule Change rebate to a fee of $0.0003 per share for securities priced at or above $1.00. The liquidity’’ greater than or equal to 85%; The Exchange filed a proposal to Exchange does not propose to modify and (iii) adds an ADV greater than or amend the fee schedule applicable to the rate for orders yielding fee code AA equal to 400,000 shares as non- Members 5 and non-Members of the for securities priced below $1.00, which displayed orders that yield fee code Exchange pursuant to EDGX Rules are currently not charged a fee nor HA,16 HI,17 and/or MM.18 As amended, 15.1(a) and (c). provided a rebate. under the Investor Depth Tier a Member The text of the proposed rule change may be provided an enhanced rebate of is available at the Exchange’s Web site Fee Code RA $0.0033 per share where that Member: at www.bats.com, at the principal office The Exchange proposes to decrease (i) Adds an ADV greater than or equal of the Exchange, and at the the fee associated with orders yielding to 0.12% of the TCV; (ii) has an ‘‘added Commission’s Public Reference Room. fee code RA, which results from an liquidity’’ as a percentage of ‘‘added II. Self-Regulatory Organization’s order routed to EDGA which adds plus removed liquidity’’ greater than or Statement of the Purpose of, and liquidity, from a fee of $0.0005 per share equal to 85%; and (iii) adds an ADV Statutory Basis for, the Proposed Rule to a fee of $0.0003 per share for greater than or equal to 400,000 shares Change securities priced at or above $1.00. The as non-displayed orders that yield fee Exchange does not propose to modify In its filing with the Commission, the code HA, HI, and/or MM. the rate for orders yielding fee code RA Exchange included statements for securities priced below $1.00, which 9 concerning the purpose of and basis for Fee code B is appended to displayed orders are currently not charged a fee nor the proposed rule change and discussed which add liquidity to Tape B and is provided a provided a rebate. rebate of $0.0020 per share. See the Exchange’s fee any comments it received on the schedule available at http://www.bats.com/us/ proposed rule change. The text of these Fee Code RR equities/membership/fee_schedule/edgx/. statements may be examined at the 10 Fee code V is appended to displayed orders The Exchange proposes to decrease places specified in Item IV below. The which add liquidity to Tape A and is provided a the rate associated with orders yielding Exchange has prepared summaries, set rebate of $0.0020 per share. fee RR, which result from an order 11 forth in Sections A, B, and C below, of Fee code Y is appended to displayed orders routed to EDGA using the Destination which add liquidity to Tape C and is provided a the most significant parts of such Specific routing strategy (also known as rebate of $0.0020 per share. Id. statements. 12 ‘‘DIRC’’),8 from a rebate of $0.0002 per Fee code 3 is appended to displayed orders A. Self-Regulatory Organization’s which add liquidity to Tape A or C during the post- share to a fee of $0.0003 per share for market or pre-market sessions and is provided a Statement of the Purpose of, and the all securities priced at or above $1.00. rebate of $0.0020 per share. Id. Statutory Basis for, the Proposed Rule The Exchange does not propose to 13 Fee code 4 is appended to displayed orders Change modify the rate for securities priced which add liquidity to Tape B during the post- below $1.00. market or pre-market sessions and is provided a 1. Purpose rebate of $0.0020 per share. Id. The Exchange proposes to amend its Single MPID Investor Tier 14 ‘‘ADV’’ means average daily volume calculated fee schedule applicable to its equities as the number of shares added to, removed from, The Exchange currently offers nine or routed by, the Exchange, or any combination or trading platform (‘‘EDGX Equities’’) to: Add Volume Tiers under footnote 4, subset thereof, per day. ADV is calculated on a (i) Modify the rates associated with fee which provide enhanced rebates ranging monthly basis. Id. codes AA, RA and RR; and (ii) decrease from $0.0025 to $0.0032 per share for 15 ‘‘TCV’’ means total consolidated volume the condition necessary to qualify for qualifying orders which yield fee codes calculated as the volume reported by all exchanges the enhanced rebate provided pursuant and trade reporting facilities to a consolidated to the Investor Depth Tier under transaction reporting plan for the month for which 6 See Press Release, Bats Announces Fee the fees apply. See the Exchange’s fee schedule footnote 1. The Exchange notes that Bats Overhaul of EDGA Equities Exchange (May 30, available at http://www.bats.com/us/equities/ EDGA Exchange, Inc. (‘‘EDGA’’) is 2017), available at http://ir.cboe.com/press- membership/fee_schedule/edgx/. releases/2017/05-30-2017.aspx. implementing certain pricing changes 16 Fee code HA is appended to non-displayed 7 effective June 1, 2017, including ALLB is a routing option under which the order orders which add liquidity on the Exchange and are checks the System for available shares and is then provided an enhanced rebate of $0.0015 for modification of various fees and rebates sent to the Bats BYX Exchange, Inc. (‘‘BYX’’), securities priced at or above $1.00, and $0.0003 for to add and remove liquidity with a EDGA, and Bats BZX Exchange, Inc. (‘‘BZX’’ securities priced below $1.00. Id. displayed or IOC order to a flat fee of collectively with the Exchange, BYX, and EDGA, 17 Fee code HI is appended to non-displayed $0.0003 per share to add or remove the ‘‘BGM Affiliated Exchanges’’). See the Exchange’s routing strategies available at http:// orders which receive price improvement and add cdn.batstrading.com/resources/features/bats_ liquidity on the Exchange and are neither charged 3 15 U.S.C. 78s(b)(3)(A)(ii). exchange_routing-strategies.pdf. See also Exchange a fee nor provided a rebate. Id. 4 17 CFR 240.19b–4(f)(2). Rule 11.11(g)(3). 18 Fee code MM is appended to non-displayed 5 The term ‘‘Member’’ is defined as ‘‘any 8 See the Exchange’s routing strategies available orders which add liquidity on the Exchange using registered broker or dealer that has been admitted at http://cdn.batstrading.com/resources/features/ Mid-Point Peg and are provided an enhanced rebate to membership in the Exchange.’’ See Exchange bats_exchange_routing-strategies.pdf. See also Rule of $0.0015 for securities priced at or above $1.00, Rule 1.5(n). 11.11(g)(14). and $0.0003 for securities priced below $1.00. Id.

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Implementation Date Fee Codes AA, RA, and RR C. Self-Regulatory Organization’s Statement on Comments on the The Exchange proposes to implement As noted above, EDGA is the above changes to its fee schedule Proposed Rule Change Received From 19 implementing certain pricing changes Members, Participants, or Others immediately. effective June 1, 2017, including The Exchange has not solicited, and modification of various fees and rebates 2. Statutory Basis does not intend to solicit, comments on The Exchange believes that the to and remove liquidity with a this proposed rule change. The proposed rule changes are consistent displayed or IOC order to a flat fee of Exchange has not received any written with the objectives of Section 6 of the $0.0003 per share to add or remove comments from Members or other Act,20 in general, and furthers the liquidity with a displayed or IOC interested parties. objectives of Section 6(b)(4),21 in order.22 The changes to fee codes AA, III. Date of Effectiveness of the particular, as it is designed to provide RA, and RR are proposed in light of Proposed Rule Change and Timing for for the equitable allocation of reasonable these changes and reflect a pass-through Commission Action dues, fees and other charges among its of the pricing provided by EDGA. As the Members and other persons using its pricing in securities priced at or above The foregoing rule change has become facilities. The Exchange also notes that $1.00 reflects the same pricing a effective pursuant to Section 19(b)(3)(A) it operates in a highly-competitive Member would receive for participation of the Act 23 and paragraph (f) of Rule 24 market in which market participants can on EDGA directly and the pricing in 19b–4 thereunder. At any time within readily direct order flow to competing securities priced below $1.00 is based 60 days of the filing of the proposed rule venues if they deem fee levels at a on the current pricing model applied by change, the Commission summarily may temporarily suspend such rule change if particular venue to be excessive or the Exchange, the Exchange believes the it appears to the Commission that such incentives to be insufficient. The proposed fees are reasonable and proposed rule changes reflect a action is necessary or appropriate in the equitably allocated. The Exchange public interest, for the protection of competitive pricing structure designed further believes the proposed fees are to incentivize market participants to investors, or otherwise in furtherance of non-discriminatory because they apply the purposes of the Act. direct their order flow to the Exchange. uniformly to all Members. Modification of the Investor Depth Add IV. Solicitation of Comments B. Self-Regulatory Organization’s Tier Interested persons are invited to Statement on Burden on Competition The Exchange believes that the submit written data, views, and proposed modifications to the tiered The Exchange does not believe that arguments concerning the foregoing, pricing structure are reasonable, fair and the proposed rule change will impose including whether the proposed rule equitable, and non-discriminatory. The any burden on competition not change is consistent with the Act. Exchange operates in a highly necessary or appropriate in furtherance Comments may be submitted by any of competitive market in which market of the purposes of the Act. The the following methods: participants may readily send order Exchange does not believe that any of Electronic Comments flow to many competing venues if they the proposed changes to the Exchange’s • Use the Commission’s Internet deem fees at the Exchange to be routing pricing burden competition, as comment form (http://www.sec.gov/ excessive or incentives provided to be they are based on the pricing on other rules/sro.shtml); or insufficient. The proposed structure venues. Similarly, the Exchange does • Send an email to rule-comments@ remains intended to attract order flow to not believe that the proposed change to sec.gov. Please include File No. SR– the Exchange by offering market the Exchange’s tiered pricing structure BatsEDGX–2017–30 on the subject line. participants a competitive pricing burden competition, but instead, that Paper Comments structure. The Exchange believes it is they enhance competition as they are reasonable to offer and incrementally • intended to increase the Send paper comments in triplicate modify incentives intended to help to competitiveness of EDGX by modifying to Secretary, Securities and Exchange contribute to the growth of the pricing incentives in order to attract Commission, 100 F Street NE., Exchange. Washington, DC 20549–1090. Volume-based pricing such as that order flow and incentivize participants to increase their participation on the All submissions should refer to File No. proposed herein have been widely SR–BatsEDGX–2017–30. This file adopted by exchanges, including the Exchange. The Exchange notes that it operates in a highly competitive market number should be included on the Exchange, and are equitable because subject line if email is used. To help the in which market participants can they are open to all Members on an Commission process and review your readily direct order flow to competing equal basis and provide additional comments more efficiently, please use benefits or discounts that are reasonably venues if they deem fee structures to be only one method. The Commission will related to: (i) The value to an exchange’s unreasonable or excessive. The post all comments on the Commission’s market quality; (ii) associated higher proposed changes are generally Internet Web site (http://www.sec.gov/ levels of market activity, such as higher intended to enhance the rebates for rules/sro.shtml). Copies of the levels of liquidity provisions and/or liquidity added to the Exchange, which submission, all subsequent growth patterns; and (iii) introduction of is intended to draw additional liquidity amendments, all written statements higher volumes of orders into the price to the Exchange. The Exchange does not with respect to the proposed rule and volume discovery processes. believe the proposed amendments change that are filed with the would burden intramarket competition Commission, and all written 19 The Exchange initially submitted the proposed as they would be available to all communications relating to the fee change on June 1, 2017. (SR–Bats EDGX–2017– 27). On, June 12, 2017 the Exchange withdrew SR– Members uniformly. proposed rule change between the Bats EDGX–2017–27 and submitted this filing. 20 15 U.S.C. 78f. 23 15 U.S.C. 78s(b)(3)(A). 21 15 U.S.C. 78f(b)(4). 22 See supra, note 4. 24 17 CFR 240.19b–4(f).

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Commission and any person, other than SUPPLEMENTARY INFORMATION: Notice is information on genetic resources,’’ also those that may be withheld from the hereby given that as a result of the known as genetic sequence data. public in accordance with the Administrator’s disaster declaration, DATES: The meeting will be held on July provisions of 5 U.S.C. 552, will be applications for disaster loans may be 11, 2017, 1–3 p.m. available for Web site viewing and filed at the address listed above or other ADDRESSES: The meeting will be held at printing in the Commission’s Public locally announced locations. the Harry S. Truman Main State Reference Room, 100 F Street NE., The following areas have been Building, Room 3940, 2201 C Street Washington, DC 20549, on official determined to be adversely affected by NW., Washington, DC 20520. business days between the hours of the disaster: 10:00 a.m. and 3:00 p.m. Copies of the Primary Counties: Blount FOR FURTHER INFORMATION CONTACT: If filing also will be available for Contiguous Counties: you would like to participate in this inspection and copying at the principal Tennessee: Knox, Loudon, Monroe, meeting, please send your (1) name, (2) office of the Exchange. All comments Sevier organization/affiliation, (3) business received will be posted without change; North Carolina: Graham, Swain email address, and (4) business phone number, as well as any requests for the Commission does not edit personal The Interest Rates are: identifying information from reasonable accommodation, to Stephanie Aktipis at [email protected] submissions. You should submit only Percent information that you wish to make or 202–647–4827 and Kayla Young at available publicly. All submissions For Physical Damage: [email protected] or 202–647–1804. should refer to File No. SR–BatsEDGX– Homeowners with Credit Avail- SUPPLEMENTARY INFORMATION: The 2017–30, and should be submitted on or able Elsewhere ...... 3.875 Secretariat of the Convention on before July 17, 2017. Homeowners without Credit Biological Diversity (CBD) released a Available Elsewhere ...... 1.938 For the Commission, by the Division of Businesses with Credit Avail- call (https://www.cbd.int/doc/ Trading and Markets, pursuant to delegated able Elsewhere ...... 6.430 notifications/2017/ntf-2017-037-abs- authority.25 Businesses without Credit en.pdf) for views on potential Eduardo A. Aleman, Available Elsewhere ...... 3.215 implications of the use of digital Assistant Secretary. Non-Profit Organizations with sequence information on genetic Credit Available Elsewhere ... 2.500 [FR Doc. 2017–13229 Filed 6–23–17; 8:45 am] resources for the three objectives of the Non-Profit Organizations with- CBD and the objective of the Nagoya BILLING CODE 8011–01–P out Credit Available Else- Protocol on Access and Benefit Sharing where ...... 2.500 (Nagoya Protocol). The input received For Economic Injury: on this issue will be used to inform SMALL BUSINESS ADMINISTRATION Businesses & Small Agricultural Cooperatives without Credit decisions by the Parties to the CBD and [Disaster Declaration #15172 and #15173; Available Elsewhere ...... 3.215 the Nagoya Protocol at the 2018 Tennessee Disaster #TN–00103] Non-Profit Organizations with- Conference of Parties to the CBD and the out Credit Available Else- Conference of Parties serving as the Administrative Declaration of a where ...... 2.500 meeting of the Parties to the Nagoya Disaster for the State of Tennessee Protocol. The number assigned to this disaster We will provide a brief overview of AGENCY: U.S. Small Business for physical damage is 15172 B and for the use of digital sequence information Administration. economic injury is 15173 0. on genetic resources in the context of ACTION: Notice. The States which received an EIDL the CBD and the Nagoya Protocol and Declaration # are Tennessee, North will listen to your comments, concerns, SUMMARY: This is a notice of an Carolina Administrative declaration of a disaster and questions about this issue. The for the State of Tennessee dated 06/16/ (Catalog of Federal Domestic Assistance information obtained from this meeting 2017. Number 59008) and any subsequent related meetings Incident: Severe Thunderstorms with Dated: June 16, 2017. will inform the U.S. submission to the CBD. It will also help us prepare for Damaging Winds. Linda E. McMahon, U.S. participation in international Incident Period: 05/27/2017 through Administrator. 05/28/2017. meetings, specifically U.S. participation [FR Doc. 2017–13205 Filed 6–23–17; 8:45 am] in future CBD and Nagoya Protocol DATES: Effective 06/16/2017. BILLING CODE 8025–01–P meetings. Documents and other Physical Loan Application Deadline information related to the CBD and Date: 08/15/2017. Nagoya Protocol can be found at this Economic Injury (EIDL) Loan DEPARTMENT OF STATE Web site: www.cbd.int. Application Deadline Date: 03/16/2018. The personal information requested ADDRESSES: Submit completed loan [Public Notice: 10047] above is being collected pursuant to 22 applications to: U.S. Small Business U.S.C. 2651a and 22 U.S.C. 4802 for the Administration, Processing and Digital Sequence Information on Genetic Resources Public Meeting purpose of screening and pre-clearing Disbursement Center, 14925 Kingsport participants to enter the host venue at Road, Fort Worth, TX 76155. AGENCY: Department of State. the U.S. Department of State. The FOR FURTHER INFORMATION CONTACT: A. ACTION: Notice of public meeting. Department of State will use this Escobar, Office of Disaster Assistance, information consistent with the routine U.S. Small Business Administration, SUMMARY: The Department of State will uses set forth in the System of Records 409 3rd Street SW., Suite 6050, hold an information session regarding Notices for Protocol Records (STATE– Washington, DC 20416, (202) 205–6734. an ongoing process under the 33) and Security Records (State-36). Convention on Biological Diversity Provision of this information is 25 17 CFR 200.30–3(a)(12). concerning the use of ‘‘digital sequence voluntary, but failure to provide

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accurate information may impede your (202) 485–6538, or by email at providing a birth certificate, filed within ability to register for the event. [email protected]. a year of their birth, showing the Reasonable Accommodation: This SUPPLEMENTARY INFORMATION: applicant was born in the United States meeting is physically accessible to • Title of Information Collection: or outlying possession. Some people with disabilities. Requests for Birth Affidavit. applicants, however, may have been sign language interpretation or other • OMB Control Number: 1405–0132. born in the United States or outlying reasonable accommodation should be • Type of Request: Revision of a possession, but were never issued a directed to (see FOR FURTHER Currently Approved Collection. birth certificate, or have a late filed birth INFORMATION) at least 5 days prior to the • Originating Office: Department of certificate. Form DS–10 is a form meeting date. Requests received after State, Bureau of Consular Affairs, affidavit for completion by a witness to that date will be considered but might Passport Services, Office of Legal Affairs the birth of such an applicant; it collects not be possible to fulfill. and Law Enforcement Liaison (CA/PPT/ information relevant to establishing the identity of the affiant, and the birth Christine Dawson, S/L). • Form Number: DS–10. circumstances of the passport applicant. Director, Office of Conservation and Water • If credible, the affidavit may permit the Bureau of Oceans and International Respondents: Individuals. Environmental and Scientific Affairs, • Estimated Number of Respondents: applicant to show U.S. nationality based Department of State. 22,056. on the applicant’s birth in the United [FR Doc. 2017–13306 Filed 6–23–17; 8:45 am] • Estimated Number of Responses: States or outlying possession, despite never having been issued a birth BILLING CODE 4710–09–P 22,056. • Average Time per Response: 40 certificate or possessing a late filed birth minutes. certificate. We use the information DEPARTMENT OF STATE • Total Estimated Burden Time: collected on the person completing the 14,711 hours. affidavit to confirm that individual’s [Public Notice: 10028] • Frequency: On Occasion. identity, which is relevant to confirming • his or her relationship to the applicant 30-Day Notice of Proposed Information Obligation to Respond: Required to and the likelihood that the affiant has Collection: Birth Affidavit Obtain a Benefit. We are soliciting public comments to actual knowledge of the circumstances ACTION: Notice of request for public permit the Department to: of the applicant’s birth. comment and submission to OMB of • Evaluate whether the proposed Methodology: When needed, a Birth proposed collection of information. information collection is necessary for Affidavit is completed at the time a the proper functions of the Department. person applies for a U.S. passport. SUMMARY: The Department of State has • Evaluate the accuracy of our submitted the information collection Brenda S. Sprague, estimate of the time and cost burden for Deputy Assistant Secretary for Passport described below to the Office of this proposed collection, including the Management and Budget (OMB) for Services, Bureau of Consular Affairs, validity of the methodology and Department of State. approval. In accordance with the assumptions used. [FR Doc. 2017–13328 Filed 6–23–17; 8:45 am] Paperwork Reduction Act of 1995, we • Enhance the quality, utility, and BILLING CODE 4710–06–P are requesting comments on this clarity of the information to be collection from all interested collected. individuals and organizations. The • Minimize the reporting burden on SURFACE TRANSPORTATION BOARD purpose of this Notice is to allow 30 those who are to respond, including the days for public comment. use of automated collection techniques [Docket No. EP 290 (Sub-No. 5) (2017–3)] DATES: Submit comments directly to the or other forms of information Office of Management and Budget technology. Quarterly Rail Cost Adjustment Factor (OMB) up to July 26, 2017. Please note that comments submitted AGENCY: Surface Transportation Board. ADDRESSES: Direct comments to the in response to this Notice are public Department of State Desk Officer in the record. Before including any detailed ACTION: Approval of rail cost adjustment Office of Information and Regulatory personal information, you should be factor. Affairs at the Office of Management and aware that your comments as submitted, SUMMARY: The Board approves the third Budget (OMB). You may submit including your personal information, quarter 2017 Rail Cost Adjustment comments by the following methods: will be available for public review. Factor (RCAF) and cost index filed by • Email: oira_submission@ Abstract of proposed collection: The the Association of American Railroads. omb.eop.gov. You must include the DS Birth Affidavit is submitted in The third quarter 2017 RCAF form number, information collection conjunction with an application for a (Unadjusted) is 0.903. The third quarter title, and the OMB control number in U.S. passport, and is used by Passport 2017 RCAF (Adjusted) is 0.375. The the subject line of your message. Services to collect information for the third quarter 2017 RCAF–5 is 0.357. • Fax: 202–395–5806. Attention: Desk purpose of establishing the U.S. Officer for Department of State. nationality of a passport applicant who DATES: Effective Date: July 1, 2017. FOR FURTHER INFORMATION CONTACT: has not submitted an acceptable birth FOR FURTHER INFORMATION CONTACT: Direct requests for additional certificate with his/her passport Pedro Ramirez, (202) 245–0333. Federal information regarding the collection application. The Secretary of State is Information Relay Service (FIRS) for the listed in this notice, including requests authorized to issue U.S. passports under hearing impaired: (800) 877–8339. for copies of the proposed collection 22 U.S.C. 211a et seq, 8 U.S.C. 1104, and SUPPLEMENTARY INFORMATION: instrument and supporting documents, Executive Order 11295 (August 5, 1966). Additional information is contained in by mail to PPT Forms Officer, U.S. Pursuant to 22 U.S.C. 212 and 22 CFR the Board’s decision, which is available Department of State, CA/PPT/S/L/LA, 51.2, only U.S. nationals may be issued on our Web site, http://www.stb.gov. 44132 Mercure Cir, P.O. Box 1227, a U.S. passport. Most passport Copies of the decision may be Sterling, VA 20166–1227, by phone at applicants show U.S. nationality by purchased by contacting the Office of

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Public Assistance, Governmental With the approval of the chairman, • Discussion of TG1 Recommendations Affairs, and Compliance at (202) 245– members of the public may present oral • New Assignments/Agenda Topics 0238. Assistance for the hearing statements at the meeting. Persons • Adjourn impaired is available through FIRS at wishing to present statements or obtain Attendance is open to the interested (800) 877–8339. information should contact the person public. With the approval of the This action is categorically excluded listed in the FOR FURTHER INFORMATION chairman, members of the public may from environmental review under 49 CONTACT section. Members of the public present oral statements at the meeting. CFR 1105.6(c). may present a written statement to the Persons wishing to present statements Decided: June 20, 2017. By the Board, committee at any time. or obtain information should contact the Board Members Begeman, Elliott, and Miller. Issued in Washington, DC, on June 21, person listed in the FOR FURTHER Marline Simeon, 2017. INFORMATION CONTACT section. Members Clearance Clerk. Mohannad Dawoud, of the public may present a written statement to the committee at any time. [FR Doc. 2017–13281 Filed 6–23–17; 8:45 am] Management & Program Analyst, Partnership BILLING CODE 4915–01–P Contracts Branch, ANG–A17 NextGen, Issued in Washington, DC, on June 20, Procurement Services Division, Federal 2017. Aviation Administration. Christopher W. Harm, DEPARTMENT OF TRANSPORTATION [FR Doc. 2017–13259 Filed 6–23–17; 8:45 am] Unmanned Aircraft Systems (UAS) BILLING CODE 4910–13–P Stakeholder and Committee Liaison, AUS– Federal Aviation Administration 10, UAS Integration Office, FAA. [FR Doc. 2017–13301 Filed 6–23–17; 8:45 am] Fourteenth RTCA SC–228 Plenary DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–13–P Session Federal Aviation Administration AGENCY: Federal Aviation DEPARTMENT OF TRANSPORTATION Administration (FAA), U.S. Department Fourth Drone Advisory Committee of Transportation (DOT). (DAC) Meeting Federal Aviation Administration ACTION: Fourteenth RTCA SC–228 AGENCY: Federal Aviation Plenary Session. Thirtieth RTCA SC–225 Rechargeable Administration (FAA), U.S. Department Lithium Batteries and Battery Systems SUMMARY: The FAA is issuing this notice of Transportation. Plenary to advise the public of a meeting of ACTION: Fourth DAC Meeting. Fourteenth RTCA SC–228 Plenary AGENCY: Federal Aviation Session. SUMMARY: The FAA is issuing this notice Administration (FAA), U.S. Department to advise the public of the Fourth DAC DATES: The meeting will be held July 14, of Transportation (DOT). Meeting. 2017, 9:00 a.m.–5:00 p.m. ACTION: Thirtieth RTCA SC–225 DATES: The meeting will be held on July ADDRESSES: The meeting will be held at: Rechargeable Lithium Batteries and 21, 2017, 11:00 a.m.–2:30 p.m. EDT. RTCA Headquarters, 1150 18th Street Battery Systems Plenary. NW., Suite 910, Washington, DC 20036. ADDRESSES: The meeting will be held as a virtual meeting only. Contact RTCA SUMMARY: The FAA is issuing this notice FOR FURTHER INFORMATION CONTACT: Al for dial-in information. to advise the public of a meeting of Secen at [email protected] or 202–330– Thirtieth RTCA SC–225 Rechargeable 0647, or The RTCA Secretariat, 1150 FOR FURTHER INFORMATION CONTACT: Al Secen at [email protected] or 202–330– Lithium Batteries and Battery Systems 18th Street NW., Suite 910, Washington, Plenary. DC 20036, or by telephone at (202) 833– 0647, or The RTCA Secretariat, 1150 9339, fax at (202) 833–9434, or Web site 18th Street NW., Suite 910, Washington, DATES: The meeting will be held July 11, at http://www.rtca.org. DC 20036, or by telephone at 202–833– 2017, 9:00 a.m.–5:00 p.m. 9339, fax at 202–833–9434, or Web site ADDRESSES: SUPPLEMENTARY INFORMATION: Pursuant The meeting will be held to section 10(a)(2) of the Federal at http://www.rtca.org. virtually at: https://rtca.webex.com/ Advisory Committee Act (Pub. L. 92– SUPPLEMENTARY INFORMATION: Pursuant rtca/j.php?MTID=m59d3f531a9ceafdb 463, 5 U.S.C., App.), notice is hereby to section 10(a)(2) of the Federal 01cdb64c4c513ceb. Join by phone, 1– given for a meeting of the Fourteenth Advisory Committee Act (Pub. L. 92– 877–668–4493 Call-in toll-free number RTCA SC–228 Plenary Session. The 463, 5 U.S.C., App.), notice is hereby (US/Canada), 1–650–479–3208 Call-in agenda will include the following: given of the Fourth DAC Meeting. The toll number (US/Canada), Access code: DAC is a component of RTCA, which is 638 701 429, Meeting Password: Friday, July 14, 2017 9:00 a.m.–5:00 a Federal Advisory Committee. The fEMApqR8. p.m. agenda will likely include, but may not FOR FURTHER INFORMATION CONTACT: 1. Welcome and Introductions be limited to, the following: Karan Hofmann at [email protected] 2. Agenda Overview or 202–330–0680, or The RTCA 3. DAA MOPS Approval Friday, July 21, 2017 • Secretariat, 1150 18th Street NW., Suite 4. WG–1 White Paper Status Update— Official Statement of the Designated 910, Washington, DC 20036, or by FRAC Announcement Federal Official telephone at (202) 833–9339, fax at (202) 5. WG–2 White Paper Status Update— • Welcome and Introductions, Review 833–9434, or Web site at http:// FRAC Announcement of the Third DAC Meeting www.rtca.org. 6. SC–228 and WG–105 Leadership • Approval of Minutes from the Third Coordination DAC Meeting SUPPLEMENTARY INFORMATION: Pursuant 7. Leadership Meeting Update • Report out of DAC Subcommittee (SC) to section 10(a)(2) of the Federal 8. Action Item Review Task Group (TG) 3 (UAS Funding) Advisory Committee Act (Pub. L. 92– 9. Adjourn • Discussion of TG3 Recommendations 463, 5 U.S.C., App.), notice is hereby Attendance is open to the interested • Report out of DACSC TG1 (Roles and given for a meeting of the Thirtieth public but limited to space availability. Responsibilities) RTCA SC–225 Rechargeable Lithium

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Batteries and Battery Systems Plenary. ADDRESSES: You may submit comments Operations Division, Office of Carrier, The agenda will include the following: bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV, System (FDMS) Docket ID FMCSA– (202) 366–5541, Federal Motor Carrier Tuesday, July 11, 2017—9:00 a.m.–5:00 2017–0176 using any of the following Safety Administration, 1200 New Jersey p.m. methods: Avenue SE., Washington, DC 20590– 1. Welcome and Administrative • Web site: http:// 0001. Remarks (Including DFO & RTCA www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: Statement) instructions for submitting comments 2. Introductions on the Federal electronic docket site. Background 3. Agenda Review • Fax: 1–202–493–2251. Section 4007 of the Transportation 4. Meeting-Minutes Review • 5. Final Review and Comment (FRAC) Mail: Docket Management Facility, Equity Act for the 21st Century (TEA– Resolution Review U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112 6. Approval of DO–311A for Submission Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and to RTCA PMC Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant 7. Action Item Review 0001. exemptions from the Federal Motor • 8. Any Other Business Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). 9. Adjourn W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published Attendance is open to the interested Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing public but limited to space availability. between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA With the approval of the chairman, Friday, except Federal holidays. must publish a notice of each exemption members of the public may present oral Instructions: All submissions must request in the Federal Register (49 CFR statements at the meeting. Persons include the Agency name and docket 381.315(a)). The Agency must provide wishing to present statements or obtain number for this notice. For detailed the public with an opportunity to information should contact the person instructions on submitting comments inspect the information relevant to the listed in the FOR FURTHER INFORMATION and additional information on the application, including any safety CONTACT section. Members of the public exemption process, see the ‘‘Public analyses that have been conducted. The may present a written statement to the Participation’’ heading below. Note that Agency must also provide an committee at any time. all comments received will be posted opportunity for public comment on the Issued in Washington, DC on June 21, without change to http:// request. 2017. www.regulations.gov, including any The Agency reviews the safety John Raper, personal information provided. Please analyses and the public comments and see the ‘‘Privacy Act’’ heading for Branch Manager—Forecasting, Planning and determines whether granting the Reporting (ANG–A15), Branch Manager further information. exemption would likely achieve a level (acting)—Partnership Contracts Branch Docket: For access to the docket to of safety equivalent to or greater than (ANG–A17), Management Services Office, read background documents or the level that would be achieved by the NextGen Organization, Federal Aviation comments received, go to http:// current regulation (49 CFR 381.305). Administration. www.regulations.gov or to Room W12– The decision of the Agency must be [FR Doc. 2017–13274 Filed 6–23–17; 8:45 am] 140, DOT Building, 1200 New Jersey published in the Federal Register (49 BILLING CODE 4910–13–P Avenue SE., Washington, DC, between 9 CFR 381.315(b)). If the Agency denies a.m. and 5 p.m., Monday through the request, it must state the reason for Friday, except Federal holidays. doing so. If the decision is to grant the DEPARTMENT OF TRANSPORTATION Privacy Act: In accordance with 5 exemption, the notice must specify the U.S.C. 553(c), DOT solicits comments person or class of persons receiving the Federal Motor Carrier Safety from the public to better inform its Administration exemption and the regulatory provision rulemaking process. DOT posts these or provisions from which an exemption [Docket No. FMCSA–2017–0176] comments, without edit, including any is granted. The notice must specify the personal information the commenter effective period of the exemption (up to Parts and Accessories Necessary for provides, to www.regulations.gov, as 5 years) and explain the terms and Safe Operation; Application for an described in the system of records conditions of the exemption. The Exemption From Daimler Trucks North notice (DOT/ALL–14 FDMS), which can exemption may be renewed (49 CFR America LLC be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)). AGENCY: Public participation: The http:// Federal Motor Carrier Safety DTNA’s Application for Exemption Administration (FMCSA), DOT. www.regulations.gov Web site is generally available 24 hours each day, ACTION: Notice of application for The Federal Motor Carrier Safety 365 days each year. You may find exemption; request for comments. Regulations (FMCSRs) require devices electronic submission and retrieval help meeting the definition of ‘‘vehicle safety SUMMARY: The Federal Motor Carrier and guidelines under the ‘‘help’’ section technology,’’ including DTNA’s Safety Administration (FMCSA) of the http://www.regulations.gov Web Attention Assist and Lane Departure requests public comment on an site as well as the DOT’s http:// Warning system, to be mounted (1) not application for exemption from Daimler docketsinfo.dot.gov Web site. If you more than 4 inches below the upper Trucks North America LLC (DTNA) to would like notification that we received edge of the area swept by the allow its Attention Assist and Lane your comments, please include a self- windshield wipers, or (2) not more than Departure Warning system camera to be addressed, stamped envelope or 7 inches above the lower edge of the mounted lower in the windshield on postcard or print the acknowledgment area swept by the windshield wipers, DTNA’s commercial motor vehicles page that appears after submitting and outside the driver’s sight lines to (CMVs) than is currently permitted. comments online. the road and highway signs and signals. DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. Because the camera would be mounted or before July 26, 2017. Jose R. Cestero, Vehicle and Roadside outside of the driver’s normal sight lines

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to the road ahead, highway signs and DTNA has created a CAD layout of a Issued on: June 15, 2017. signals, and all mirrors, DTNA believes typical DTNA conventional type truck to Larry W. Minor, that the exemption would maintain a verify that the safety device does not Associate Administrator for Policy. level of safety that is equivalent to, or significantly obstruct the FMVSS 104 [FR Doc. 2017–13126 Filed 6–23–17; 8:45 am] specified zones A, B, or C for passenger cars greater than, the level of safety achieved BILLING CODE 4910–EX–P without the exemption. of 1730 or more mm overall width. (See DTNA has applied for an exemption Figure 1.) In fact, the device only obstructs from 49 CFR 393.60(e)(1) to allow an 0.0% of zone C, 1.2% of zone B, and 2.8% DEPARTMENT OF TRANSPORTATION Attention Assist and Lane Departure of zone A. Warning system camera to be mounted DTNA has installed prototype camera Federal Railroad Administration housings in fifteen DTNA conventional type lower in the windshield than is [Docket Number FRA–2017–0051] currently permitted. A copy of the vehicles and assessed the impact of the application is included in the docket camera on driver and passenger visibility on Notice of Application for Approval of referenced at the beginning of this over 50 CDL drivers and over 900,000 miles. Discontinuance or Modification of a This includes over-the-road mileage notice. Railroad Signal System accumulation through a mixture of mountain, Section 393.60(e)(1)(i) of the FMCSRs freeway, highway, and city routes. (See Under part 235 of Title 49 of the Code prohibits the obstruction of the driver’s Figure 2 for a photograph taken from the of Federal Regulations (CFR) and 49 field of view by devices mounted at the driver seat.) All drivers and passengers U.S.C. 20502(a), this document provides top of the windshield. Antennas and agreed that there was no noticeable the public notice that on June 7, 2017, similar devices must not be mounted obstruction to the normal sight lines to the National Railroad Passenger Corporation more than 152 mm (6 inches) below the road ahead, highway signs, signals, or any (Amtrak) petitioned the Federal upper edge of the windshield, and mirrors. Driver comments included: ‘‘The Railroad Administration (FRA) seeking outside the driver’s sight lines to the position of the MPC1 camera system does not approval for the discontinuance or road and highway signs and signals. negatively impact visibility.’’ modification of a signal system. FRA Section 393.60(e)(1)(i) does not apply to assigned the petition Docket Number vehicle safety technologies, as defined While the application states that the FRA–2017–0051. in § 390.5 as including ‘‘a fleet-related camera will be mounted 7 inches below Applicant: National Railroad Passenger incident management system, the upper edge of the windshield, Corporation, Mr. Nicholas J. Croce III, performance or behavior management DTNA provided supplemental PE, Deputy Chief Engineer C&S, system, speed management system, lane information to clarify that the camera Acting, 2995 Market Street, departure warning system, forward system will be mounted 8.5 inches Philadelphia, PA 19104 collision warning or mitigation system, below the upper edge of the area swept Amtrak seeks to remove two derails, active cruise control system, and by the windshield wipers. one in each direction approaching the transponder.’’ Section 393.60(e)(1)(ii) The exemption would apply to all Spuyten Duyvil bridge on Main Track requires devices with vehicle safety CMV operators driving DTNA vehicles #1, at Inwood interlocking, milepost technologies to be mounted (1) not more with the Attention Assist and Lane (MP) 9.9 on the New York Division, than 100 mm (4 inches) below the upper Departure Warning system camera Hudson Line, Inwood, New York. edge of the area swept by the installed. Daimler believes that Amtrak would like to remove the windshield wipers, or (2) not more than mounting the system as described derails as they have been rendered 175 mm (7 inches) above the lower edge would maintain a level of safety that is obsolete by advanced technologies of the area swept by the windshield equivalent to, or greater than, the level which ensure that trains stop rather wipers, and outside the driver’s sight of safety achieved without the than derail. They have been a source of lines to the road and highway signs and exemption. considerable delay to time-sensitive signals. passenger trains. Amtrak desires to In its application, DTNA states: Request for Comments remove these derails from the main tracks to eliminate maintenance and The proposed exemption will increase In accordance with 49 U.S.C. 31315 safety by providing Attention Assist and operation of obsolete hardware that is and 31136(e), FMCSA requests public Lane Departure Warning. The exemption will no longer needed, and to reduce delays also allow DTNA to enable additional safety comment from all interested persons on caused by failures of the derails. Each of features in the future that will provide DTNA’s application for an exemption the interlocking home signals protecting further safety benefits such as traffic sign from 49 CFR 393.60. All comments these derails and the associated movable recognition, active lane keeping, video received before the close of business on bridge are equipped with 100Hz coded capture, and intelligent headlight control. the comment closing date indicated at cab signal system with speed control. This safety device will become a critical the beginning of this notice will be The interlockings have also been enabler for future technology such as considered and will be available for Autonomous Vehicles. equipped with both Advanced Civil In the DTNA installation, the camera examination in the docket at the Speed Enforcement System and Positive housing is approximately 102 mm (4.01 location listed under the ADDRESSES Train Stop. inches) wide by 177 mm (6.97 inches) tall. section of this notice. Comments A copy of the petition, as well as any We propose to mount the camera such that received after the comment closing date written communications concerning the it is in the approximate center of the top of will be filed in the public docket and petition, is available for review online at the windshield and such that the bottom will be considered to the extent www.regulations.gov and in person at edge of the camera is approximately 7 inches practicable. In addition to late the U.S. Department of Transportation’s below the upper edge of the windshield, comments, FMCSA will also continue to (DOT) Docket Operations Facility, 1200 outside of the driver’s (and passenger’s) file, in the public docket, relevant normal sight lines to the road ahead, highway New Jersey Avenue SE., W12–140, signs and signals, and all mirrors. This information that becomes available after Washington, DC 20590. The Docket location will allow for the optimal the comment closing date. Interested Operations Facility is open from 9 a.m. functionality of the advanced safety systems persons should continue to examine the to 5 p.m., Monday through Friday, supported by the camera. public docket for new material. except Federal Holidays.

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Interested parties are invited to DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., W12–140, participate in these proceedings by Washington, DC 20590. submitting written views, data, or Federal Railroad Administration • Hand Delivery: 1200 New Jersey comments. FRA does not anticipate [Docket Number FRA–2017–0041] Avenue SE., Room W12–140, scheduling a public hearing in Washington, DC 20590, between 9 a.m. connection with these proceedings since Petition for Waiver of Compliance and 5 p.m., Monday through Friday, the facts do not appear to warrant a except Federal Holidays. Under part 211 of Title 49 Code of Communications received by August hearing. If any interested parties desire Federal Regulations (CFR), this 10, 2017 will be considered by FRA an opportunity for oral comment and a document provides the public notice before final action is taken. Comments public hearing, they should notify FRA, that on May 16, 2017, the Southern received after that date will be in writing, before the end of the California Regional Rail Authority considered if practicable. comment period and specify the basis (SCRRA, doing business as Metrolink) Anyone can search the electronic for their request. petitioned the Federal Railroad form of any written communications All communications concerning these Administration (FRA) for a waiver of and comments received into any of our proceedings should identify the compliance from certain provisions of dockets by the name of the individual appropriate docket number and may be the Federal railroad safety regulations submitting the comment (or signing the submitted by any of the following contained at 49 CFR part 231, Railroad document, if submitted on behalf of an methods: Safety Appliance Standards. FRA association, business, labor union, etc.). assigned the petition Docket Number Under 5 U.S.C. 553(c), DOT solicits • Web site: http:// FRA–2017–0041. comments from the public to better www.regulations.gov. Follow the online SCRRA has purchased newly inform its processes. DOT posts these instructions for submitting comments. designed F125 diesel-electric comments, without edit, including any • Fax: 202–493–2251. locomotives for use in commuter personal information the commenter • Mail: Docket Operations Facility, service. The new locomotives are provides, to www.regulations.gov, as manufactured by Progress Rail in U.S. Department of Transportation, 1200 described in the system of records Muncie, IN. SCRRA requests relief from New Jersey Avenue SE., W12–140, notice (DOT/ALL–14 FDMS), which can 49 CFR 231.17(e), Handrails and steps Washington, DC 20590. be reviewed at https:// for headlights, to use a man-lift to www.transportation.gov/privacy. See • Hand Delivery: 1200 New Jersey facilitate the replacement of headlight also https://www.regulations.gov/ Avenue SE., Room W12–140, bulbs and other maintenance items privacyNotice for the privacy notice of Washington, DC 20590, between 9 a.m. required at the front of the locomotive regulations.gov. and 5 p.m., Monday through Friday, cab when the unit is not at a repair except Federal Holidays. facility. Robert C. Lauby, A copy of the petition, as well as any Associate Administrator of Safety, Chief Communications received by August Safety Officer. 10, 2017 will be considered by FRA written communications concerning the petition, is available for review online at [FR Doc. 2017–13234 Filed 6–23–17; 8:45 am] before final action is taken. Comments www.regulations.gov and in person at BILLING CODE 4910–06–P received after that date will be the U.S. Department of Transportation’s considered if practicable. (DOT) Docket Operations Facility, 1200 Anyone can search the electronic New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION form of any written communications Washington, DC 20590. The Docket Federal Transit Administration and comments received into any of our Operations Facility is open from 9 a.m. dockets by the name of the individual to 5 p.m., Monday through Friday, Preparation of an Environmental submitting the comment (or signing the except Federal Holidays. Impact Statement for West Santa Ana document, if submitted on behalf of an Interested parties are invited to Branch Transit Corridor Project in Los association, business, labor union, etc.). participate in these proceedings by Angeles, CA Under 5 U.S.C. 553(c), DOT solicits submitting written views, data, or comments from the public to better comments. FRA does not anticipate AGENCY: Federal Transit Administration inform its processes. DOT posts these scheduling a public hearing in (FTA), DOT. comments, without edit, including any connection with these proceedings since ACTION: Notice of Intent to Prepare an personal information the commenter the facts do not appear to warrant a Environmental Impact Statement. provides, to www.regulations.gov, as hearing. If any interested parties desire an opportunity for oral comment and a SUMMARY: The Federal Transit described in the system of records public hearing, they should notify FRA, Administration (FTA) and Los Angeles notice (DOT/ALL–14 FDMS), which can in writing, before the end of the County Metropolitan Transportation be reviewed at https:// comment period and specify the basis Authority (Metro) has initiated the www.transportation.gov/privacy. See for their request. preparation of an Environmental Impact also https://www.regulations.gov/ All communications concerning these Statement (EIS) for the West Santa Ana privacyNotice for the privacy notice of proceedings should identify the Branch (WSAB) Transit Corridor Project regulations.gov. appropriate docket number and may be (Project) pursuant to the National Environmental Policy Act (NEPA). The Robert C. Lauby, submitted by any of the following methods: Project is a proposed light rail transit Associate Administrator for Railroad Safety • Web site: http:// (LRT) line that would extend Chief Safety Officer. www.regulations.gov. Follow the online approximately 20 miles and connect [FR Doc. 2017–13235 Filed 6–23–17; 8:45 am] instructions for submitting comments. downtown Los Angeles to southeast Los BILLING CODE 4910–06–P • Fax: 202–493–2251. Angeles County, serving the cities and • Mail: Docket Operations Facility, communities of Arts District, Little U.S. Department of Transportation, 1200 Tokyo, Los Angeles, unincorporated

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Florence-Graham community of Los FOR FURTHER INFORMATION CONTACT: Ms. to identify the significant issues Angeles County, Vernon, Huntington Candice Hughes, Environmental associated with alternatives that will be Park, Bell, Cudahy, South Gate, Protection Specialist, Federal Transit examined in detail in the document, Downey, Paramount, Bellflower, Administration, 888 S. Figueroa Street, while simultaneously limiting Cerritos, and Artesia. Suite 440, Los Angeles, CA 90017 at consideration and development of DATES: Written comments on the scope (213) 629–8613, or via email at issues that are not truly significant. It is of the EIS should be sent to Ms. Fanny [email protected]. in the NEPA scoping process that Pan, Project Manager, by August 4, SUPPLEMENTARY INFORMATION: The EIS potentially significant environmental 2017. Public scoping meetings are held will be prepared in accordance with the impacts—those that give rise to the need on June 15, 2017 at 6 p.m. to 8 p.m., requirements of the NEPA and its to prepare an EIS—should be identified; June 20, 2017 at 6 p.m. to 8 p.m., June implementing regulations. The EIS impacts that are deemed not to be 21, 2017 at 3 p.m. to 5 p.m. (Businesses) process will evaluate alternatives significant need not be developed and 6 p.m. to 8 p.m. (General Public), recommended for further study as a extensively in the context of the impact and June 24, 2017 at 10 a.m. to 12 p.m. result of the planning Alternatives statement, thereby keeping the at locations indicated under ADDRESSES Analysis approved by the Southern statement focused on impacts of below. An interagency scoping meeting California Association of Governments consequence. Transit projects may also is held on June 19, 2017 at the Metro in February 2013 and the Project generate environmental benefits; these headquarters at 2 p.m. to 4 p.m. Definition for Environmental Scoping should be highlighted as well—the impact statement process should draw ADDRESSES: Written comments on the including four Northern Alignment attention to positive impacts, not just scope of the EIS should be sent to Ms. Options approved by the Metro Board on April 27, 2017, and available on the negative impacts. Fanny Pan, Project Manager, Metro, One Probable Effects: The purpose of this Gateway Plaza, Mail Stop: 99–22–4, Los Metro Web site (www.metro.net/wsab). Pursuant to 23 CFR 771.123(j), at the EIS process is to study, in a public Angeles, California 90012, or via email conclusion of the Draft EIS circulation setting, the effects of the proposed at [email protected]. Comments may period, Metro will prepare a report project and its alternatives on the also be offered at the public scoping identifying the locally preferred physical, human, and natural meetings. The addresses for the public alternative (LPA). Prior to environment. The FTA and Metro will scoping meetings are as follow: commencement of a Final EIS, the LPA evaluate all significant environmental, • Thursday, June 15, 2017, 6 p.m. to will be adopted by the Metro Board and social, and economic impacts of the 8 p.m., T. Mayne Thompson Park, 14001 included in the Metropolitan construction and operation of the S. Bellflower Blvd., Bellflower, CA Transportation Plan identifying proposed project. The probable impacts 90706; sufficient federal and other funding for will be determined as a part of the • Tuesday, June 20, 2017, 6 p.m. to 8 the project, in order to be evaluated project scoping. Unless further p.m., South Gate Girls Club House, 4940 under the NEPA process. screening illuminates areas of possible Southern Ave., South Gate, CA 90280; • LACMTA will also use the EIS impact, resource areas will be limited to Wednesday, June 21, 2017, 3 p.m. document to comply with the California those uncovered during scoping. to 5 p.m. (Businesses), 6 p.m. to 8 p.m. Environmental Quality Act (CEQA), Measures to avoid, minimize, and (General Public), Nishi Hongwanji which requires an Environmental mitigate adverse impacts will also be Buddhist Temple, 815 E. 1st St., Los Impact Report (EIR). The purpose of this identified and evaluated. Angeles, CA 90012; The Proposed Project: The Project is • notice is to alert interested parties Saturday, June 24, 2017, 10 a.m. to regarding the intent to prepare the EIS, a proposed LRT line that would extend 12 p.m., Huntington Park Community to provide information on the nature of approximately 20 miles and connect Center, 6925 Salt Lake Ave., Huntington the proposed project and possible downtown Los Angeles to southeast Los Park, CA 90255. alternatives, and to invite public Angeles County, serving the cities and These locations are accessible by participation in the EIS process, communities of Arts District, Little persons with disabilities. Spanish including providing comments on the Tokyo, Los Angeles, unincorporated translation and Spanish-speaking staff scope of the Draft EIS, and to announce Florence-Graham community of Los will be provided at all Scoping that public scoping meetings will be Angeles County, Vernon, Huntington Meetings. Japanese translation will be conducted. Park, Bell, Cudahy, South Gate, provided at the June 21, 2017 Scoping Scoping: Scoping is the process of Downey, Paramount, Bellflower, Meeting. ADA accommodations and determining the scope, focus, and Cerritos, and Artesia. other translations are available by content of an EIS. FTA and Metro invite Purposes of and Need for the calling (323) 466–3876 or California all interested individuals and Proposed Project: The Project will Relay Service at 711 at least 72 hours in organizations, public agencies, and provide reliable transit service to meet advance of the meeting. The Scoping Native American tribes to comment on the future mobility needs of residents, Meeting on Tuesday, June 20, 2017 will the scope of the Draft EIS, including the employees, and visitors who travel be broadcast via Live Webcast for those project’s purpose and need, the within downtown Los Angeles, and unable to attend the meeting in person. alternatives to be studied, the impacts to portions of the Gateway Cities The broadcast will be accessible starting be evaluated, and the evaluation subregion. This new transit service will at 6:30 p.m. by visiting methods to be used. Comments should increase mobility and connectivity for www.tinyurl.com/MetroWSAB. For more focus on: Alternatives that may be less historically underserved, transit- project information, please visit costly or have less environmental or dependent and Environmental Justice www.metro.net/wsab. A scoping community impacts while achieving communities; reduce travel times on information packet is available on the similar transportation objectives, and local and regional transportation Metro Web site at: www.metro.net/wsab the identification of any significant networks; and accommodate substantial or by calling the project manager, Ms. social, economic, or environmental future employment and population Fanny Pan, at (213) 922–6262. Copies issues relating to the alternatives. growth. will also be available at the scoping NEPA ‘‘scoping’’ has specific and Alternatives: In March 2010, the meetings. fairly limited objectives, one of which is Southern California Association of

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Governments (SCAG), serving as the project-level air quality conformity DEPARTMENT OF TRANSPORTATION Metropolitan Planning Organization regulation of the U.S. Environmental (MPO) for Imperial, Los Angeles, Protection Agency (EPA) (40 CFR part Maritime Administration Orange, Riverside, San Bernardino, and 93); the Section 404(b)(1) guidelines of U.S. Merchant Marine Academy Board Ventura Counties, initiated the Pacific EPA (40 CFR part 230); the regulation of Visitors Meeting Electric Right-of-Way (PEROW)/WSAB implementing Section 106 of the Alternatives Analysis (AA) Study National Historic Preservation Act (36 AGENCY: Maritime Administration, evaluating transit connections and CFR part 800); the regulation Department of Transportation. modes for the 34 mile corridor from implementing Section 7 of the ACTION: Meeting notice. Union Station in downtown Los Endangered Species Act (50 CFR part Angeles to the City of Santa Ana in 402); Section 4(f) (23 U.S.C. 38 and 49 SUMMARY: The U.S. Department of Orange County. In February 2013, SCAG U.S.C. 303); and Executive Orders 12898 approved the PEROW/WSAB AA Study Transportation, Maritime on environmental justice, 11988 on and recommended the LRT alignment as Administration (MARAD) announces floodplain management, and 11990 on the preferred transit mode and two that the following U.S. Merchant Marine northern alignment alternatives for wetlands. Academy (Academy) Board of Visitors further consideration: West Bank 3 Regulations implementing NEPA, as (BOV) meeting will take place: along the west bank of the Los Angeles well as provisions of the recently 1. Date: July 12, 2017. River, and East Bank along the east bank enacted Safe, Accountable, Flexible, 2. Time: 1:30–2:30 p.m. of the Los Angeles River. In September Efficient Transportation Equity Act: A 3. Location: Capitol Visitors Center, 2015, based upon the West Bank 3 Legacy for Users (SAFETEA–LU), call Washington, DC. Room to be alternative, four new northern for public involvement in the EIS determined. alignment options (Pacific/Alameda, process. Section 6002 of SAFETEA–LU 4. Purpose of the Meeting: The purpose Pacific/Vignes, Alameda, and Alameda/ requires that FTA and MDT do the of this meeting is to brief BOV Vignes) were identified as part of the following: (1) Extend an invitation to members on the Academy Advisory Technical Refinement Study (TRS) that other Federal and non-Federal agencies Board’s annual report to the was completed and received by the and Indian tribes that may have an Secretary of Transportation, the Metro Board. Prior to initiation of the interest in the proposed project to state of the Academy and the status environmental scoping, a screening become ‘‘participating agencies,’’ (2) of reaccreditation. evaluation was conducted to further provide an opportunity for involvement 5. Public Access to the Meeting: This refine the recommendations from the by participating agencies and the public meeting is open to the public. TRS and recommended the four highest in helping to define the purpose and Seating is on a first-come basis. performing northern alignment options need for a proposed project, as well as Members of the public wishing to to be carried into Environmental attend the meeting will need to Scoping. In April 2017, the Metro Board the range of alternatives for show photo identification in order approved the Project definition for consideration in the impact statement, to gain access to the meeting environmental scoping and received and (3) establish a plan for coordinating location. and filed the WSAB Transit Corridor public and agency participation in and Northern Alignment Options Screening comment on the environmental review FOR FURTHER INFORMATION CONTACT: The Report. process. Any Federal or non-Federal BOV’s Designated Federal Officer and In addition, in the event that the agency or Indian tribe interested in the Point of Contact Brian Blower; 202 366– WSAB line was to be extended to Project that does not receive an 2765; [email protected]. invitation to become a participating Orange County in the future, the Project SUPPLEMENTARY INFORMATION: Any will evaluate an optional station at agency should notify at the earliest member of the public is permitted to file Bloomfield Avenue (just north of the opportunity the Project Manager a written statement with the Academy Los Angeles County-Orange County identified above under ADDRESSES. BOV. Written statements should be sent boundary). A comprehensive public involvement to the Designated Federal Officer (DFO) The EIS Process and the Role of program has been developed and a at: Brian Blower; 1200 New Jersey Ave Participating Agencies and the Public: public and agency involvement SE., W28–314, Washington, DC 20590 or The EIS will be prepared in accordance Coordination Plan will be created. The via email at [email protected]. with NEPA and its implementing (Please contact the Designated Federal regulations issued by the Council on program includes a project Web site Environmental Quality (40 CFR parts (www.metro.net/wsab); outreach to local Officer for information on submitting 1500–1508) and with the FTA/Federal and county officials and community and comments via fax.) Written statements Highway Administration regulations civic groups; a public scoping process to must be received no later than three ‘‘Environmental Impact and Related define the issues of concern among all working days prior to the next meeting Procedures’’ (23 CFR part 771). In parties interested in the project; in order to provide time for member accordance with 23 CFR 771.105(a) and establishment of a community advisory consideration. Due to time constraints, 23 CFR 771.133, FTA will comply with committee and organizing periodic there will not be a public comment all federal environmental laws, meetings with that committee; a public period during the meeting, but, regulations, and executive orders hearing on release of the draft EIS; individuals wishing to provide follow- applicable to the proposed project establishment of walk-in project offices on comments can do so by contacting during the environmental review in the corridor; and development and the DFO, Brian Blower at his email process to the maximum extent distribution of project newsletters. listed above. practicable. These requirements Authority: 46 U.S.C. 51312; 5 U.S.C. app. include, but are not limited to, the Leslie Rogers, 552b; 41 CFR parts 102–3.140 through 102– environmental and public hearing Regional Administrator, FTA Region 9. 3.165. provisions of federal transit laws (49 [FR Doc. 2017–13204 Filed 6–23–17; 8:45 am] By Order of the Executive Director in lieu U.S.C. 5301(e), 5323(b), and 5324); the BILLING CODE P of the Maritime Administrator.

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Dated: June 21, 2017. Regulations, notice is hereby given that Hazardous Materials Approvals and T. Mitchell Hudson, Jr., the Office of Hazardous Materials Safety Permits Division, Pipeline and Secretary, Maritime Administration. has received the application described Hazardous Materials Safety [FR Doc. 2017–13254 Filed 6–23–17; 8:45 am] herein. Each mode of transportation for Administration, U.S. Department of BILLING CODE 4910–81–P which a particular special permit is Transportation, East Building, PHH–30, requested is indicated by a number in 1200 New Jersey Avenue Southeast, the ‘‘Nature of Application’’ portion of Washington, DC 20590–0001, (202) 366– DEPARTMENT OF TRANSPORTATION the table below as follows: 1—Motor 4535. vehicle, 2—Rail freight, 3—Cargo vessel, Pipeline and Hazardous Materials 4—Cargo aircraft only, 5—Passenger- SUPPLEMENTARY INFORMATION: Copies of Safety Administration carrying aircraft. the applications are available for DATES: Comments must be received on inspection in the Records Center, East Hazardous Materials: Notice of or before July 11, 2017. Building, PHH–30, 1200 New Jersey Applications for Special Permits Address comments to: Record Center, Avenue Southeast, Washington, DC or at AGENCY: Pipeline and Hazardous Pipeline and Hazardous Materials Safety http://regulations.gov. Materials Safety Administration Administration U.S. Department of This notice of receipt of applications (PHMSA), DOT. Transportation Washington, DC 20590. for special permit is published in Comments should refer to the ACTION: List of Applications for accordance with Part 107 of the Federal Modification of Special Permits. application number and be submitted in hazardous materials transportation law triplicate. If confirmation of receipt of (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUMMARY: In accordance with the comments is desired, include a self- procedures governing the application addressed stamped postcard showing Issued in Washington, DC, on June 1, 2017. for, and the processing of, special the special permit number. Donald Burger, permits from the Department of FOR FURTHER INFORMATION CONTACT: Chief, Office of the Special Permits and Transportation’s Hazardous Material Ryan Paquet, Director, Office of Approvals.

SPECIAL PERMITS DATA

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

7277–M ...... STRUCTURAL COM- 180.205, 173.302a(a)(1), To modify the special permit to authorize an addi- POSITES INDUS- 173.304a(a)(1), tional Division 2.2 gas. (modes 1,2,3,4) TRIES LLC. 173.304a(d). 14523–M ...... PACIFIC BIO-MATERAL 173.199(a), 173.196(A), To modify the special permit to authorize, an addi- MANAGEMENT, INC. 178.603, 178.603, tional packaging for transporting vials of hazmat. 178.609(d), 178.609(d). (mode 1) 14951–M ...... HEXAGON LINCOLN, 173.301(f) ...... To authorize modal acoustic emissions (MAE) as INC. an alternative method of tank recertification. (mode 1) 16536–M ...... FIBA TECHNOLOGIES, 178.37(k)(1), To authorize a reduction in the tensile test speci- INC. 178.45(A)((1). mens from 2 to 1 as is permitted by ISO 11120. (modes 1,2,3,4) 16452–M ...... THE PROCTOR & GAM- 171.1, 180.1 ...... To modify the permit to clarify the requirement for BLE COMPANY. strong outer packaging to meet the requirements normally applied to packages of ‘‘limited quan- tities’’ moving by air. (modes 1,2,3,4) 20255–M ...... STERICYCLE SPE- 171.1, 180.1 ...... To modify the special permit to authorize cargo CIALITY WASTE SO- vessel as an approved means or transportation. LUTIONS, INC. (modes 1,3)

[FR Doc. 2017–12127 Filed 6–23–17; 8:45 am] for, and the processing of, special Administration U.S. Department of BILLING CODE 4909–60–M permits from the Department of Transportation, Washington, DC 20590. Transportation’s Hazardous Material Comments should refer to the Regulations, notice is hereby given that application number and be submitted in DEPARTMENT OF TRANSPORTATION the Office of Hazardous Materials Safety triplicate. If confirmation of receipt of has received the application described Pipeline and Hazardous Materials comments is desired, include a self- Safety Administration herein. Each mode of transportation for addressed stamped postcard showing which a particular special permit is the special permit number. Hazardous Materials: Notice of requested is indicated by a number in FOR FURTHER INFORMATION CONTACT: Applications for Special Permits the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor Ryan Paquet, Director, Office of AGENCY: Pipeline and Hazardous vehicle, 2—Rail freight, 3—Cargo vessel, Hazardous Materials Approvals and Materials Safety Administration 4—Cargo aircraft only, 5—Passenger- Permits Division, Pipeline and (PHMSA), DOT. carrying aircraft. Hazardous Materials Safety ACTION: Notice of actions on Special Administration, U.S. Department of DATES: Comments must be received on Permit Applications. Transportation, East Building, PHH–30, or before July 26, 2017. 1200 New Jersey Avenue Southeast, SUMMARY: In accordance with the Address Comments to: Record Center, Washington, DC 20590–0001, (202) 366– procedures governing the application Pipeline and Hazardous Materials Safety 4535.

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SUPPLEMENTARY INFORMATION: Copies of This notice of receipt of applications Issued in Washington, DC, on June 1, 2017. the applications are available for for special permit is published in Donald Burger, inspection in the Records Center, East accordance with Part 107 of the Federal Chief, Office of the Special Permits and Building, PHH–30, 1200 New Jersey hazardous materials transportation law Approvals. Avenue Southeast, Washington, DC or at (49 U.S.C. 5117(13); 49 CFR 1.53(6)). http://regulations.gov.

SPECIAL PERMITS DATA

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

11180–M ...... AFFIVAL INC ...... 173.24(c) ...... To modify the special permit to authorize metal tubes with a decreased diameter and an in- creased length to be authorized under the special permit. 11489–M ...... TK Holdings, Inc ...... 173.56(b), 172.320 ...... To modify the special permit to remove language that has been incorporated into the regulations. 11911–M ...... TRANSFER FLOW, INC 177.834(h), 178.700(c)(1) To authorize an additional fuel type to be added to the permit. 14335–M ...... RINCHEM COMPANY, 177.848(d), 172.301(c), To modify the special permit to authorize a change INC. 172.302(c). in ventilation requirements to allow for a refrig- eration/blower ventilation system. 15070–M ...... CARLETON TECH- 180.205, 173.302A, To modify the special permit to clarify the heat NOLOGIES, INC. 173.304A. treatment for brass liners, and allow transpor- tation of cylinders for foreign military options along with U.S. 16011–M ...... AMERICASE, INC ...... 173.185(f), 172.500, To modify the special permit to clarify language 172.600, 172.700(a), about watt hours, remove unnecessary language 172.200, 172.400, about lithium metal batteries and to harmonize 172.300. the permit with the 19th revised edition of the UN Model Regulations and Amendment 38–16 of the IMDG Code. 20220–N ...... AGILITY FUEL SYS- 173.220(a) ...... To authorize the transportation in commerce of TEMS, INC. compressed natural gas fuel systems that are not part of an internal combustion engine. 20348–N ...... WRIGHTSPEED, INC ..... 173.185(a) ...... To authorize the transportation in commerce of pro- totype lithium ion batteries by cargo-only aircraft. 20351–M ...... ROEDER CARTAGE 180.407(c), 180.407(e), To modify the special permit to authorize additional COMPANY, INCOR- 180.407(e), 180.407(f). trailers to transport stabilized acrylonitrile. PORATED. 20361–N ...... KEITH HUBER COR- 178.345–3(f)(3) ...... To authorize the manufacture, mark, sale, and use PORATION. of non-DOT specification cargo tanks to transport gasoline. 20374–N ...... SCANA CORPORATION 173.427(b), 173.403, To authorize the transportation in commerce of 173.465(c), 173.465(d). SCO–II material which has fixed and non-fixed contamination levels on the inaccessible surface area in excess of that authorized. 20387–N ...... TECHNIP STONE & 173.301(f), 173.301(g)(1), To authorize the transportation in commerce of WEBSTER PROCESS 178.71(q)(1), non-DOT specification bundled cylinders. TECHNOLOGY, INC. 178.71(q)(2), 178.71(q)(3), 173.302a(a), 173.304a(a). 20388–N ...... UNITED PARCEL SERV- 175.33, 177.817, To authorize the transportation in commerce of non ICE, INC. 172.202(e). hazardous materials as hazardous materials to test the effectiveness of the applicant’s electronic system. 20427–M ...... SPACE SYSTEMS/ 173.220 ...... To authorize the transportation in commerce of ma- LORAL, LLC. chinery or fuel tanks containing more than 500 ml of fuel. 20438–N ...... TOYOTA MOTORSPORT 172.101(j), 173.185(a) ..... To authorize the transportation in commerce of pro- GMBH. totype lithium ion batteries in excess of 35 kg by cargo-only aircraft. 20458–N ...... KAVOK EIR, TOV ...... 172.204(c)(3), To authorize the transportation in commerce of cer- 172.204(c)(3), tain explosives which are forbidden for transport 175.30(a)(1), by cargo only aircraft. 173.27(b)(2), 173.27(b)(3). 20460–N ...... KALITTA AIR, L.L.C ...... 172.101(j)(1), To authorize the transportation of explosives forbid- 175.30(a)(1), den aboard aircraft to be transported aboard 173.27(b)(2), cargo-only aircraft. 173.27(b)(3). 20461–N ...... SARASOTA AVIONICS, 172.101 ...... Application for Party Status to DOT–SP10996. INC.

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SPECIAL PERMITS DATA—Continued

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

20462–N ...... SOUTHERN CON- 172.203(a), Special Permit 16323 to allow for the installation of TAINER, LLC. 180.352(d)(1)(ii), a tested inner receptacle of a composite inter- 178.801(f). mediate bulk container without subjecting the inner receptacle to a further leakproofness test after installation. To cover all hazardous mate- rials authorized in the 172.101 Hazardous Mate- rials Table to be transported in UN 31HA1 com- posite IBCs. A sample of these materials was chosen for the Hazardous Materials section of this application in order to advance the applica- tion process. 20465–N ...... TOYOTA MOTOR 172.301(c), 172.446(b).... To authorize the use of Class 9 labels whose SALES USA INC. vertical stripes are not equal in size. 20467–N ...... CHEMTRONICS INC ...... 171.23(b), 173.304a(a), To authorize the transportation in commerce of cer- 171.8. tain DOT Specification 2Q containers containing hazardous materials identified in paragraph 6 as ORM–D materials. 20468–N ...... KALITTA AIR, L.L.C ...... 172.204(c)(3), To authorize the transportation in commerce of an- 172.204(c)(3), hydrous ammonia by cargo aircraft, which if for- 175.30(a)(1), bidden in the regulations. 173.27(b)(2), 173.27(b)(3). 20472–N ...... AVIAKOMPANIYa 175.30(a)(1), To authorize the transportation in commerce of ex- UKRAINA- 173.27(b)(2), plosives by cargo aircraft which is forbidden by AEROALYANS, PrAT. 173.27(b)(3). the regulations.

[FR Doc. 2017–12129 Filed 6–23–17; 8:45 am] has received the application described Hazardous Materials Approvals and BILLING CODE 4909–60–M herein. Each mode of transportation for Permits Division, Pipeline and which a particular special permit is Hazardous Materials Safety requested is indicated by a number in Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION the ‘‘Nature of Application’’ portion of Transportation, East Building, PHH–30, the table below as follows: 1—Motor 1200 New Jersey Avenue Southeast, Pipeline and Hazardous Materials vehicle, 2—Rail freight, 3—Cargo vessel, Washington, DC 20590–0001, (202) 366– Safety Administration 4—Cargo aircraft only, 5—Passenger- 4535. Hazardous Materials: Notice of carrying aircraft. SUPPLEMENTARY INFORMATION: Copies of Applications for Special Permits DATES: Comments must be received on the applications are available for or before July 26, 2017. inspection in the Records Center, East AGENCY: Pipeline and Hazardous Address comments to: Record Center, Building, PHH–30, 1200 New Jersey Materials Safety Administration Pipeline and Hazardous Materials Safety Avenue Southeast, Washington, DC or at (PHMSA), DOT. Administration U.S. Department of http://regulations.gov. ACTION: List of Applications for Special Transportation, Washington, DC 20590. This notice of receipt of applications Permits. Comments should refer to the for special permit is published in SUMMARY: In accordance with the application number and be submitted in accordance with Part 107 of the Federal procedures governing the application triplicate. If confirmation of receipt of hazardous materials transportation law for, and the processing of, special comments is desired, include a self- (49 U.S.C. 5117(b); 49 CFR 1.53(b)). permits from the Department of addressed stamped postcard showing Issued in Washington, DC, on June 1, 2017. Transportation’s Hazardous Material the special permit number. Donald Burger, Regulations, notice is hereby given that FOR FURTHER INFORMATION CONTACT: Chief, Office of the Special Permits and the Office of Hazardous Materials Safety Ryan Paquet, Director, Office of Approvals.

SPECIAL PERMITS DATA

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

20464–N ...... CCL CONTAINER COR- 173.306(a)(3)(ii) ...... To authorize the manufacture, marking, sale and PORATION. use of certain non-DOT specification inside metal containers conforming with all regulations appli- cable to a DOT Specification 2Q inner non-refill- able metal receptacle, except that alternate test- ing is authorized. (modes 1,2,3,4)

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SPECIAL PERMITS DATA—Continued

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

20469–N ...... SCOTT’S HELICOPTER 172.101(j), 172.200, To authorize the transportation in commerce of cer- SERVICE, INC. 172.204(c)(3), tain hazardous materials by 14 CFR part 133 172.301(c), Rotorcraft Externnal Load Operations, trans- 175.30(a)(1), porting hazardous materials attached to or sus- 173.27(b)(2). pended from an aircraft, in remote areas of the U.S. only, without being subject to hazard com- munication requirements, quantity limitations and certain loading and stowage requirements. (mode 4) 20470–N ...... AUDI AKTIENGESELL- 172.101(j) ...... To authorize the transportation in commerce of lith- SCHAFT. ium ion batteries in excess of 35 kg by cargo- only aircraft. (mode 4) 20471–N ...... LONE STAR SPECIAL- 173.213(c) ...... To authorize the transportation in commerce of TIES, LLC. flaked coal tar pitch in non-UN certified poly- propylene bags. (modes 1, 2) 20475–N ...... MERCK & CO., INC ...... 173.306(a)93)(ii) ...... To authorize the manufacture, mark, sale, and use of non-specification metal receptacles meeting the requirements of 2Q receptacles except it ex- ceeds the pressure authorized. (modes 1,3,4,5) 20474–N ...... SPACE EXPLORATION Part 172 Subparts D and To authorize the transportation in commerce of the TECHNOLOGIES E, Part 173. Dragon space capsule containing non-DOT spec- CORP. ification packages of hazardous materials. (mode 1)

[FR Doc. 2017–12128 Filed 6–23–17; 8:45 am] 202/622–2410, Office of the General Control (‘‘OFAC’’) is publishing BILLING CODE 4910–60–M Counsel, Department of the Treasury supplemental information for the name (not toll free numbers). of one individual whose property and SUPPLEMENTARY INFORMATION: interests in property are blocked DEPARTMENT OF THE TREASURY pursuant to Executive Order 13224 of Electronic Availability September 23, 2001, ‘‘Blocking Property Office of Foreign Assets Control The SDN List and additional and Prohibiting Transactions With information concerning OFAC sanctions Persons Who Commit, Threaten To Sanctions Actions Pursuant to an programs are available from OFAC’s Commit, or Support Terrorism.’’ Executive Order Issued on September Web site (www.treas.gov/ofac). 23, 2001, Titled ‘‘Blocking Property and DATES: OFAC’s actions described in this Prohibiting Transactions With Persons Notice of OFAC Actions notice are effective on June 21, 2017. Who Commit, Threaten To Commit, or The following person is removed from FOR FURTHER INFORMATION CONTACT: Support Terrorism’’ the SDN List, effective as of June 21, Associate Director for Global Targeting, 2017. AGENCY: Office of Foreign Assets tel.: 202/622–2420, Assistant Director Control, Treasury. Individual for Sanctions Compliance & Evaluation, tel.: 202/622–2490, Assistant Director ACTION: Notice. 1. SALAH, Muhammad (a.k.a. for Licensing, tel.: 202/622–2480, Office HASANAYN, Nasr Fahmi Nasr) (individual) of Foreign Assets Control, or Chief SUMMARY: The Department of the [SDGT]. Treasury’s Office of Foreign Assets Counsel (Foreign Assets Control), tel.: Control (OFAC) is removing the name of Dated: June 21, 2017. 202/622–2410, Office of the General one individual, whose property and Andrea Gacki, Counsel, Department of the Treasury interests in property have been blocked Acting Director, Office of Foreign Assets (not toll free numbers). Control. pursuant to an executive order issued SUPPLEMENTARY INFORMATION: on September 23, 2001, titled ‘‘Blocking [FR Doc. 2017–13279 Filed 6–23–17; 8:45 am] Property and Prohibiting Transactions BILLING CODE 4810–AL–P Electronic Availability With Persons Who Commit, Threaten To The SDN List and additional Commit, or Support Terrorism,’’ from DEPARTMENT OF THE TREASURY information concerning OFAC sanctions the list of Specially Designated programs are available from OFAC’s Nationals and Blocked Persons (SDN Office of Foreign Assets Control Web site (www.treas.gov/ofac). List). Notice of OFAC Actions DATES: OFAC’s actions described in this Supplemental Identification notice are effective on June 21, 2017. Information for One Individual On June 21, 2017, OFAC FOR FURTHER INFORMATION CONTACT: Designated Pursuant to Executive supplemented the identification Associate Director for Global Targeting, Order 13224 information for one individual whose tel.: 202/622–2420, Assistant Director AGENCY: Office of Foreign Assets property and interests in property are for Sanctions Compliance & Evaluation, Control, Treasury. blocked pursuant to Executive Order tel.: 202/622–2490, Assistant Director ACTION: Notice. 13224, ‘‘Blocking Property and for Licensing, tel.: 202/622–2480, Office Prohibiting Transactions With Persons of Foreign Assets Control, or Chief SUMMARY: The Department of the Who Commit, Threaten To Commit, or Counsel (Foreign Assets Control), tel.: Treasury’s Office of Foreign Assets Support Terrorism’’.

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The supplementation identification FOR FURTHER INFORMATION CONTACT: Nonquantitative Treatment Limitation information is as follows: Requests for additional information or (NQTLs) applicable to medical/surgical copies of the draft model form should be and MH?SUD benefits under the plan. Individual directed to R. Joseph Durbala, at Internal The feedback also included requests 1. BOULGHITI, Boubekeur (a.k.a. Revenue Service, Room 6129, 1111 from various stakeholders for model BOULGHIT, Boubakeur; a.k.a. ‘‘AL Constitution Avenue NW., Washington, forms that group health plan DJAZAIRI, Abou Bakr’’; a.k.a. ‘‘AL-JAZARI, DC 20224, or at (202) 317–5746, or participants, beneficiaries, covered Yasir’’; a.k.a. ‘‘AL-JAZIRI, Abou Yasser’’; through the internet at individuals in the individual market, or a.k.a. ‘‘AL-JAZIRI, Abu Bakr’’; a.k.a. ‘‘EL [email protected]. DJAZAIRI, Abou Yasser’’), Peshawar, persons acting on their behalf could use Pakistan; DOB 13 Feb 1970; POB Rouiba, SUPPLEMENTARY INFORMATION: to request relevant disclosures. Stakeholders also requested guidance on Algiers, Algeria; nationality Algeria; Gender I. Background Male (individual) [SDGT]. other ways in which disclosures, or the The Paul Wellstone and Pete Dated: June 21, 2017. process for requesting disclosures, could Domenici Mental Health Parity and be more uniform, streamlined, or Andrea Gacki, Addiction Equity Act of 2008 otherwise simplified Acting Director, Office of Foreign Assets (MHPAEA) was enacted on October 3, In addition, the Departments Control. 2008 and amended by the Affordable indicated that they had received [FR Doc. 2017–13278 Filed 6–23–17; 8:45 am] Care Act and the 21st Century Cures Act requests to explore ways to encourage BILLING CODE 4810–AL–P (Cures Act). Generally, MHPAEA uniformity among State reviews of requires that the financial requirements health insurance issuers’ compliance and treatment limitations imposed on with the NQTL standards. Various DEPARTMENT OF TREASURY mental health and substance use stakeholders stated that model forms to disorder (MH/SUD) benefits cannot be Internal Revenue Service report NQTL information will help more restrictive than the predominant facilitate uniform implementation and Proposed Revision of Information financial requirements and treatment enforcement of MHPAEA, and relieve Collection Request Submitted for limitations that apply to substantially some complexity that MHPAEA Public Comment; Draft Model Non- all medical and surgical benefits. As compliance poses for issuers operating Quantitative Treatment Limitations discussed below, MHPAEA includes in multiple States. Furthermore, other Form several disclosure requirements for stakeholders highlighted that the use of group health plans and health insurance such model forms may also benefit AGENCY: Internal Revenue Service, issuers. consumers, as consumers will be 1 Department of Treasury. The Cures Act was enacted on entitled to request the analysis December 13, 2016. Among its ACTION: Notice. performed to complete the model forms. requirements, the Cures Act contains The Cures Act requires the SUMMARY: The Internal Revenue Service provisions that are intended to improve Departments, by June 13, 2017, to solicit (IRS), in accordance with the Paperwork compliance with MHPAEA by requiring feedback from the public on how the Reduction Act of 1995 (PRA 95), the Departments to solicit feedback from disclosure request process for provides the general public and Federal the public on how to improve the documents containing information that agencies with an opportunity to process for group health plans and health plans and health insurance comment on proposed and continuing issuers to disclose the information issuers are required under Federal or collections of information. This helps required under MHPAEA and other State law to disclose to participants, the IRS assess the impact of its laws. beneficiaries, contracting providers or information collection requirements and The statutory MHPAEA provisions authorized representatives to ensure minimize the reporting burden on the and implementing regulations expressly compliance with existing mental health public and helps the public understand provide that a plan or issuer must parity and addiction equity disclose the criteria for medical the IRS’s information collection requirements can be improved while necessity determinations with respect to requirements and provide the requested continuing to ensure consumers’ rights MH/SUD benefits to any current or data in the desired format. Currently, to access all information required by potential participant, beneficiary, or the IRS is soliciting comments on a Federal or State law to be disclosed.2 contracting provider upon request and revision of the Notices under the Mental The Cures Act requires the Departments must disclose the reason for any denial Health Parity and Addiction Equity Act to make this feedback publicly available of reimbursement or payment for of 2008 information collection request by December 13, 2017.3 (ICR) to add a model form participants services with respect to MH/SUD The Departments recently issued and authorized representatives can use benefits to the participant or Affordable Care Act Implementation to request certain inform from their beneficiary. FAQs Part 38, which again solicited On October 27, 2016, the Departments health plans that is discussed below. comments on FAQs Part 34 as required of Labor, Health and Human Services, A copy of the information collection and the Treasury (the Departments) request (ICR) may be obtained by 2 Cures Act section 13001(c)(1). issued Affordable Care Act contacting the office listed in the 3 Cures Act section 13001(c)(2). The Departments Implementation FAQs Part 34, which, ADDRESSES section of this notice. must also share this feedback with the National among other things, solicited feedback Association of Insurance Commissioners (NAIC) to DATES: Written comments must be regarding disclosures with respect to the extent the feedback includes recommendations submitted to the office shown in the MH/SUD benefits under MHPAEA and for the development of simplified information ADDRESSES section on or before disclosure tools to provide consistent information other laws. In the FAQs, the to consumers. Such feedback may be taken into September 1, 2017. Departments indicated that they had consideration by the NAIC and other appropriate ADDRESSES: Direct all written comments received questions and suggestions entities for the voluntary development and voluntary use of common templates and other to Laurie Brimmer, Internal Revenue regarding disclosures with respect to sample standardized forms to improve consumer Service, Room 6129, 1111 Constitution access to plan information. See Cures Act section Avenue NW., Washington, DC 20224. 1 Public Law 114–255 13001(c)(3).

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by the Cures Act. The Departments also are to respond, including through the OMB Number: 1545–1384. solicited comments on a draft model use of appropriate automated, Form Number: 3911. form that participants, enrollees, or their electronic, mechanical, or other Abstract: Form 3911 is used by authorized representatives could use to technological collection techniques or taxpayers to notify the IRS that a tax request information from their health other forms of information technology, refund previously claimed has not been plan or issuer regarding NQTLs that e.g., by permitting electronic received. The form is normally may affect their MH/SUD benefits, or to submissions of responses. completed by the taxpayer as the result obtain documentation after an adverse Comments submitted in response to of an inquiry in which the taxpayer benefit determination involving MH/ this notice will be summarized and/or claims non-receipt, loss, theft, or SUD benefits to support an appeal. The included in the ICR for OMB approval destruction of a tax refund and IRS draft model form is an information of the revision of the information research shows that the refund has been collection subject to the PRA. The collection; they will also become a issued. The information on the form is model from and instructions are matter of public record. needed to clearly identify the refund to available at https://www.dol.gov/ Dated: June 16, 2017. be traced. agencies/ebsa. R. Joseph Durbala, Current Actions: There are no changes II. Current Actions Tax Analyst, Internal Revenue Service. being made to the form at this time. This notice requests public comment [FR Doc. 2017–13224 Filed 6–23–17; 8:45 am] Type of Review: Extension of a on the draft model form discussed BILLING CODE 4830–01–P currently approved collection. above. The IRS notes that an agency Affected Public: Individuals or may not conduct or sponsor, and a households, business or other for-profit person is not required to respond to, an DEPARTMENT OF THE TREASURY organizations, and not-for-profit institutions. information collection unless it displays Internal Revenue Service a valid OMB control number. A Estimated Number of Respondents: summary of the ICR and the current Proposed Collection; Comment 200,000. burden estimates follows: Request for Taxpayer Statement Estimated Time per Response: 5 Type of Review: Revised Collection. Regarding Refund minutes. Agency: Internal Revenue Service. Estimated Total Annual Burden Title: Notices under the Mental Health AGENCY: Internal Revenue Service (IRS), Hours: 16,600. Parity and Addiction Equity Act of Treasury. The following paragraph applies to all 2008—Draft Model Non-Qualitative ACTION: Notice and request for of the collections of information covered Treatment Limitations Form. comments. by this notice: OMB Numbers: 1545–2165. An agency may not conduct or SUMMARY: The Internal Revenue Service Affected Public: Private Sector—Not sponsor, and a person is not required to (IRS), in accordance with the Paperwork for profit organizations; businesses or respond to, a collection of information Reduction Act of 1995 (PRA 95), other for profits. unless the collection of information Total Respondents: 1,204,215 provides the general public and Federal displays a valid OMB control number. (combined with DOL the total is agencies with an opportunity to Books or records relating to a collection 2,408,430). comment on continuing collections of of information must be retained as long Total Responses: 1,204,215 (combined information. This helps the IRS assess as their contents may become material with DOL the total is 2,408,430). the impact of its information collection in the administration of any internal Frequency of Response: On occasion. requirements and minimize the revenue law. Generally, tax returns and Estimated Total Annual Burden reporting burden on the public and tax return information are confidential, Hours: 26,295 (combined with DOL the helps the public understand the IRS’s as required by 26 U.S.C. 6103. total is 52,590 hours). information collection requirements and Estimated Total Annual Burden Cost: provide the requested data in the Request for Comments: Comments $3,424,759 (combined with DOL the desired format. The IRS is soliciting submitted in response to this notice will total is $6,849,519). comments concerning Taxpayer be summarized and/or included in the request for OMB approval. All III. Desired Focus of Comments Statement Regarding Refund. The information and taxpayer signature are comments will become a matter of The Internal Revenue Service (IRS) is needed to begin the tracing action. public record. Comments are invited on: particularly interested in comments (a) Whether the collection of DATES: Written comments should be that: information is necessary for the proper received on or before August 25, 2017 • Evaluate whether the proposed performance of the functions of the to be assured of consideration. collection of information is necessary agency, including whether the for the proper performance of the ADDRESSES: Direct all written comments information shall have practical utility; functions of the agency, including to L. Brimmer, Internal Revenue (b) the accuracy of the agency’s estimate whether the information will have Service, Room 6526, 1111 Constitution of the burden of the collection of practical utility; Avenue NW., Washington, DC 20224. information; (c) ways to enhance the • Evaluate the accuracy of the Requests for additional information or quality, utility, and clarity of the agency’s estimate of the burden of the copies of the form and instructions information to be collected; (d) ways to proposed collection of information, should be directed to Martha R. Brinson, minimize the burden of the collection of including the validity of the Internal Revenue Service, Room 6526, information on respondents, including methodology and assumptions used; 1111 Constitution Avenue NW., through the use of automated collection • Enhance the quality, utility, and Washington, DC 20224 or through the techniques or other forms of information clarity of the information to be Internet at [email protected]. technology; and (e) estimates of capital collected; and SUPPLEMENTARY INFORMATION: or start-up costs and costs of operation, • Minimize the burden of the Title: Taxpayer Statement Regarding maintenance, and purchase of services collection of information on those who Refund. to provide information.

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Approved: June 19, 2017. Affected Public: Individuals or SUMMARY: The Internal Revenue Service L. Brimmer, households, farms, and business or (IRS), in accordance with the Paperwork Senior Tax Analyst. other for-profit organizations. Reduction Act of 1995 (PRA 95), [FR Doc. 2017–13211 Filed 6–23–17; 8:45 am] Estimated Number of Respondents: provides the general public and Federal BILLING CODE 4830–01–P 4,025,000. agencies with an opportunity to Estimated Time per Respondent: 45 comment on continuing collections of min. information. This helps the IRS assess DEPARTMENT OF THE TREASURY Estimated Total Annual Burden the impact of its information collection Hours: 3,015,000. requirements and minimize the Internal Revenue Service The following paragraph applies to all reporting burden on the public and helps the public understand the IRS’s Proposed Collection; Comment of the collections of information covered by this notice. information collection requirements and Request for Regulation Project provide the requested data in the An agency may not conduct or desired format. The IRS is soliciting AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to comments concerning Application to Treasury. respond to, a collection of information Participate in the IRS Acceptance Agent unless the collection of information ACTION: Notice and request for Program. Form 13551 is used to gather displays a valid OMB control number. comments. information to determine applicant’s Books or records relating to a collection eligibility in the Acceptance Agent SUMMARY: The Internal Revenue Service, of information must be retained as long Program. as part of its continuing effort to reduce as their contents may become material paperwork and respondent burden, in the administration of any internal DATES: Written comments should be invites the general public and other revenue law. Generally, tax returns and received on or before August 25, 2017 Federal agencies to take this tax return information are confidential, to be assured of consideration. opportunity to comment on continuing as required by 26 U.S.C. 6103. ADDRESSES: Direct all written comments information collections, as required by Request for Comments: Comments to L. Brimmer, Internal Revenue the Paperwork Reduction Act of 1995. submitted in response to this notice will Service, Room 6526, 1111 Constitution The IRS is soliciting comments be summarized and/or included in the Avenue NW., Washington, DC 20224. concerning the election to expense request for OMB approval. All Requests for additional information or certain depreciable business assets. comments will become a matter of copies of the form and instructions Including, the recordkeeping and public record. Comments are invited on: should be directed to Martha R. Brinson, reporting requirements necessary to (a) Whether the collection of Internal Revenue Service, Room 6526, monitor compliance with a specific type information is necessary for the proper 1111 Constitution Avenue NW., of depreciation. performance of the functions of the Washington DC 20224, or through the DATES: Written comments should be agency, including whether the Internet at [email protected]. received on or before August 25, 2017 information shall have practical utility; SUPPLEMENTARY INFORMATION: to be assured of consideration. (b) the accuracy of the agency’s estimate Title: Application to Participate in the ADDRESSES: Direct all written comments of the burden of the collection of IRS Acceptance Agent Program. to L. Brimmer, Internal Revenue information; (c) ways to enhance the OMB Number: 1545–1896. Service, Room 6529, 1111 Constitution quality, utility, and clarity of the Form Number: 13551. Avenue NW., Washington, DC 20224. information to be collected; (d) ways to Abstract: Form 13551 is used to Requests for additional information or minimize the burden of the collection of gather information to determine copies of the regulations should be information on respondents, including applicant’s eligibility in the Acceptance directed to Kerry Dennis, Internal through the use of automated collection Agent Program. Revenue Service, Room 6529, 1111 techniques or other forms of information Current Actions: There are no changes Constitution Avenue NW., Washington technology; and (e) estimates of capital being made to the form at this time. DC 20224, or through the internet, at or start-up costs and costs of operation, Type of Review: Extension of a [email protected]. maintenance, and purchase of services currently approved collection. to provide information. Affected Public: Businesses or other SUPPLEMENTARY INFORMATION: for-profit organizations, not-for-profit Approved: June 19, 2017. Title: Election to Expense Certain institutions, and Federal, state, local or Depreciable Business Assets. L. Brimmer, tribal government. OMB Number: 1545–1201. Senior Tax Analyst. Estimated Number of Respondents: Regulation Project Number: T.D. 9209. [FR Doc. 2017–13222 Filed 6–23–17; 8:45 am] 12,825. Abstract: The regulations provide BILLING CODE 4830–01–P Estimated Time per Respondent: 30 rules on the election described in minutes. Internal Revenue Code section 179(b)(4); Estimated Total Annual Burden the apportionment of the dollar DEPARTMENT OF THE TREASURY Hours: 6,413. limitation among component members The following paragraph applies to all of a controlled group; and the proper Internal Revenue Service of the collections of information covered order for deducting the carryover of Proposed Collection; Comment by this notice: disallowed deduction. The Request for Application To Participate An agency may not conduct or recordkeeping and reporting in the IRS Acceptance Program sponsor, and a person is not required to requirements are necessary to monitor respond to, a collection of information compliance with the section 179 rules. AGENCY: Internal Revenue Service (IRS), unless the collection of information Current Actions: There is no change to Treasury. displays a valid OMB control number. this existing regulation. Books or records relating to a collection ACTION: Notice and request for Type of Review: Extension of a of information must be retained as long comments. currently approved collection. as their contents may become material

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in the administration of any internal DATES: Written comments should be information to be collected; (d) ways to revenue law. Generally, tax returns and received on or before August 25, 2017 minimize the burden of the collection of tax return information are confidential, to be assured of consideration. information on respondents, including as required by 26 U.S.C. 6103. ADDRESSES: Direct all written comments through the use of automated collection Request For Comments: Comments to L. Brimmer, Internal Revenue techniques or other forms of information submitted in response to this notice will Service, Room 6526, 1111 Constitution technology; and (e) estimates of capital be summarized and/or included in the Avenue NW., Washington, DC 20224. or start-up costs and costs of operation, request for OMB approval. All Requests for additional information or maintenance, and purchase of services comments will become a matter of copies of the form and instructions to provide information. public record. Comments are invited on: should be directed to Martha R. Brinson, Approved: June 19, 2017. (a) Whether the collection of Internal Revenue Service, Room 6526, L. Brimmer, information is necessary for the proper 1111 Constitution Avenue NW., Senior Tax Analyst. performance of the functions of the Washington, DC 20224, or through the [FR Doc. 2017–13225 Filed 6–23–17; 8:45 am] agency, including whether the Internet at [email protected]. information shall have practical utility; BILLING CODE 4830–01–P SUPPLEMENTARY INFORMATION: (b) the accuracy of the agency’s estimate Title: Request for Miscellaneous of the burden of the collection of Determination. DEPARTMENT OF THE TREASURY information; (c) ways to enhance the OMB Number: 1545–2211. quality, utility, and clarity of the Form Number: 8940. Internal Revenue Service information to be collected; (d) ways to Abstract: Form 8940 will standardize minimize the burden of the collection of information collection procedures for Proposed Collection; Comment information on respondents, including nine categories of individually written Request for Regulation Project through the use of automated collection requests for miscellaneous techniques or other forms of information AGENCY: Internal Revenue Service (IRS), determinations now submitted to the Treasury. technology; and (e) estimates of capital Service by requestor letter. Respondents or start-up costs and costs of operation, are exempt organizations. ACTION: Notice and request for maintenance, and purchase of services Current Actions: There are no changes comments. to provide information. being made to the form at this time. SUMMARY: The Internal Revenue Service Approved: June 19, 2017. Type of Review: Extension of a (IRS), in accordance with the Paperwork L. Brimmer, currently approved collection. Reduction Act of 1995 (PRA 95), Senior Tax Analyst. Affected Public: Not for profit provides the general public and Federal [FR Doc. 2017–13226 Filed 6–23–17; 8:45 am] institutions. agencies with an opportunity to BILLING CODE 4830–01–P Estimated Number of Respondents: comment on continuing collections of 2,100. information. This helps the IRS assess Estimated Time per Respondent: 13 the impact of its information collection DEPARTMENT OF THE TREASURY hours, 47 minutes. requirements and minimize the Estimated Total Annual Burden reporting burden on the public and Internal Revenue Service Hours: 28,959. helps the public understand the IRS’s The following paragraph applies to all Proposed Collection; Comment information collection requirements and of the collections of information covered provide the requested data in the Request for Request for Miscellaneous by this notice: Determination desired format. The IRS is soliciting An agency may not conduct or comments concerning environmental AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to settlement funds-classification. Treasury. respond to, a collection of information Additionally, it addresses determination ACTION: Notice and request for unless the collection of information of the portion of a trust to include in comments. displays a valid OMB control number. income by a grantor owner. Books or records relating to a collection DATES: SUMMARY: The Internal Revenue Service of information must be retained as long Written comments should be (IRS), in accordance with the Paperwork as their contents may become material received on or before August 25, 2017 Reduction Act of 1995 (PRA 95), in the administration of any internal to be assured of consideration. provides the general public and Federal revenue law. Generally, tax returns and ADDRESSES: Direct all written comments agencies with an opportunity to tax return information are confidential, to L. Brimmer, Internal Revenue comment on continuing collections of as required by 26 U.S.C. 6103. Service, Room 6529, 1111 Constitution information. This helps the IRS assess Request for Comments: Comments Avenue NW., Washington, DC 20224. the impact of its information collection submitted in response to this notice will Requests for additional information or requirements and minimize the be summarized and/or included in the copies of the regulations should be reporting burden on the public and request for OMB approval. All directed to Kerry Dennis, Internal helps the public understand the IRS’s comments will become a matter of Revenue Service, Room 6529, 1111 information collection requirements and public record. Comments are invited on: Constitution Avenue NW., Washington provide the requested data in the (a) Whether the collection of DC 20224, or through the internet, at desired format. The IRS is soliciting information is necessary for the proper [email protected]. comments concerning Request for performance of the functions of the SUPPLEMENTARY INFORMATION: Miscellaneous Determination associated agency, including whether the Title: Environmental Settlement with standardizing information information shall have practical utility; Funds-Classification. collections of individually written (b) the accuracy of the agency’s estimate OMB Number: 1545–1465. Regulation requests for miscellaneous of the burden of the collection of Project Number: T.D. 8668. determinations associated with Exempt information; (c) ways to enhance the Abstract: This regulation provides Organizations. quality, utility, and clarity of the guidance to taxpayers on the proper

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classification of trusts formed to collect Approved: June 19, 2017. collection of information is necessary and disburse amounts for environmental Laurie Brimmer, for the proper performance of VHA’s remediation of an existing waste site to Senior Tax Analyst. functions, including whether the discharge taxpayers’ liability or [FR Doc. 2017–13223 Filed 6–23–17; 8:45 am] information will have practical utility; potential liability under applicable BILLING CODE 4830–01–P (2) the accuracy of VHA’s estimate of environmental laws. Section 301.7701– the burden of the proposed collection of 4(e)(2) of the regulation provides that information; (3) ways to enhance the the trustee of an environmental DEPARTMENT OF VETERANS quality, utility, and clarity of the remediation trust must furnish to each AFFAIRS information to be collected; and (4) grantor a statement that shows all items ways to minimize the burden of the of income, deduction, and credit of the [OMB Control No. 2900–0825] collection of information on trust for the taxable year attributable to respondents, including through the use the portion of the trust treated as owned Agency Information Collection of automated collection techniques or by the grantor. The statement must Activity: The Veterans’ Outcome the use of other forms of information provide the grantor with the information Assessment (VOA) (Veteran Survey technology. Interview) necessary to take the items into account Authority: Public Law 112–239 Sec. 726 in computing the grantor’s taxable AGENCY: Veterans Health income. Title: Administration, Department of Veterans a. Veterans Outcome Assessment— Current Actions: There is no change to Affairs. this existing regulation. Baseline Type of Review: Extension of a ACTION: Notice. b. Veterans Outcome Assessment— currently approved collection. Follow Up SUMMARY: Veterans Health Affected Public: Business or other for- OMB Control Number: 2900–0825. Administration, Department of Veterans profit organizations. Type of Review: Revision of a Estimated Number of Respondents: Affairs (VA), is announcing an currently approved collection. 500. opportunity for public comment on the Abstract: The mental health outcomes Estimated Time per Respondent: 4 proposed collection of certain information obtained through this new hours. information by the agency. Under the collection will be used by VA Estimated Total Annual Burden Paperwork Reduction Act (PRA) of leadership, including those in the Hours: 2000. 1995, Federal agencies are required to Offices of Mental Health Operations and The following paragraph applies to all publish notice in the Federal Register Mental Health Services, Network of the collections of information covered concerning each proposed collection of offices, and VA Medical Centers. Such by this notice: information, including each proposed information on Veteran mental health An agency may not conduct or revision of a currently approved outcomes is crucial to guide resource sponsor, and a person is not required to collection, and allow 60 days for public allocation and programmatic decisions respond to, a collection of information comment in response to the notice. for mental health programs and to unless the collection of information DATES: Written comments and intervene effectively to prevent displays a valid OMB control number. recommendations on the proposed individual adverse outcomes such as Books or records relating to a collection collection of information should be suicide, overdose deaths, and of information must be retained as long received on or before August 25, 2017. morbidities associated with mental as their contents may become material ADDRESSES: Submit written comments illness and to support recovery-oriented in the administration of any internal on the collection of information through treatment designed to improve revenue law. Generally, tax returns and Federal Docket Management System functioning and reduce symptoms. The tax return information are confidential, (FDMS) at www.Regulations.gov or to data will allow VA policy makers to as required by 26 U.S.C. 6103. Cynthia Harvey-Pryor, Office of reliably track national performance on a Request For Comments: Comments Information & Technology (005R1B), quarterly basis and to track VISN submitted in response to this notice will Department of Veterans Affairs, 810 performance on a yearly basis. These be summarized and/or included in the Vermont Avenue NW., Washington, DC data will reveal trends in outcomes over request for OMB approval. All 20420 or email to Cynthia.Harvey- time and will help in pinpointing comments will become a matter of [email protected]. Please refer to ‘‘OMB programs that are doing well in terms of public record. Comments are invited on: Control No. 2900–0825’’ in any patient outcomes, so that other (a) Whether the collection of correspondence. During the comment programs can emulate their practices, as information is necessary for the proper period, comments may be viewed online well as identifying those programs that performance of the functions of the through FDMS. are performing poorly so that steps can agency, including whether the be taken to improve them. Results of the information shall have practical utility; FOR FURTHER INFORMATION CONTACT: survey will be reported to Congress and (b) the accuracy of the agency’s estimate Cynthia Harvey-Pryor at (202) 461– will influence decisions on funding. of the burden of the collection of 5870. The VOA will thus provide Veterans information; (c) ways to enhance the SUPPLEMENTARY INFORMATION: Under the who are experiencing mental health quality, utility, and clarity of the PRA of 1995, Federal agencies must problems with a direct voice in program information to be collected; (d) ways to obtain approval from the Office of evaluation and improvement. Summary minimize the burden of the collection of Management and Budget (OMB) for each data on performance also will be information on respondents, including collection of information they conduct available on a public Web site, as through the use of automated collection or sponsor. This request for comment is mandated by the NDAA, to provide techniques or other forms of information being made pursuant to Section Veterans and their families with technology; and (e) estimates of capital 3506(c)(2)(A) of the PRA. additional information for purposes of or start-up costs and costs of operation, With respect to the following managing their mental health treatment maintenance, and purchase of services collection of information, VHA invites and U.S. citizens with information to provide information. comments on: (1) Whether the proposed regarding VA’s mental health programs

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and Veterans satisfaction with their will submit the collection of Type of Review: Revision of a care. information abstracted below to the currently approved collection. Affected Public: Individuals and Office of Management and Budget Abstract: VA maintains supervision of households. (OMB) for review and comment. The the distribution and use of VA benefits Estimated Annual Burden: 11,236 PRA submission describes the nature of paid to fiduciaries on behalf of VA hours. the information collection and its claimants who are incompetent, a Estimated Average Burden per expected cost and burden; it includes minor, or under legal disability. This Respondent: .42 hours. the actual data collection instrument. form is used as a legal contract between Frequency of Response: Annually. VA and a federal fiduciary. It outlines Estimated Number of Respondents: DATES: Comments must be submitted on the responsibilities of the fiduciary with 26,752. or before July 26, 2017. ADDRESSES: Submit written comments respect to the uses of VA funds. By direction of the Secretary. on the collection of information through An agency may not conduct or Cynthia Harvey-Pryor, www.Regulations.gov, or to Office of sponsor, and a person is not required to Department Clearance Officer, Office of Information and Regulatory Affairs, respond to a collection of information Privacy and Records Management, unless it displays a currently valid OMB Department of Veterans Affairs. Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., control number. The Federal Register [FR Doc. 2017–13304 Filed 6–23–17; 8:45 am] Washington, DC 20503 or sent through Notice with a 60-day comment period BILLING CODE 8320–01–P electronic mail to oira_submission@ soliciting comments on this collection omb.eop.gov. Please refer to ‘‘OMB of information was published in FR Control No. 2900–0319’’ in any Volume 82, No. 76, April 21, 2017, page DEPARTMENT OF VETERANS 18833. AFFAIRS correspondence. Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: [OMB Control No. 2900–0319] households. Cynthia Harvey-Pryor, Enterprise Estimated Annual Burden: 3,917. Agency Information Collection Activity Records Service (005R1B), Department Under OMB Review: Fiduciary of Veterans Affairs, 810 Vermont Estimated Average Burden per Agreement Avenue NW., Washington, DC 20420, Respondent: 5 minutes. (202) 461–5870 or email cynthia.harvey- Frequency of Response: One time. AGENCY: Veterans Benefits [email protected]. Please refer to ‘‘OMB Estimated Number of Respondents: Administration, Department of Veterans Control No. 2900–0319’’ in any 47,000. Affairs. correspondence. By direction of the Secretary. ACTION: Notice. SUPPLEMENTARY INFORMATION: Cynthia Harvey-Pryor, SUMMARY: In compliance with the Authority: Public Law 104–13; 44 Department Clearance Officer, Office of Paperwork Reduction Act (PRA) of U.S.C. 3501–3521. Privacy and Records Management, 1995, this notice announces that the Title: Fiduciary Agreement (VA Form Department of Veterans Affairs. Veterans Benefits Administration 21P–4703). [FR Doc. 2017–13303 Filed 6–23–17; 8:45 am] (VBA), Department of Veterans Affairs, OMB Control Number: 2900–0319. BILLING CODE 8320–01–P

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List 10 Species of Giant Clams as Threatened or Endangered Under the Endangered Species Act; Proposed Rule

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DEPARTMENT OF COMMERCE individual, or received after the we find that substantial scientific or comment period ends. All comments commercial information in a petition National Oceanic and Atmospheric received are a part of the public record and in our files indicates the petitioned Administration and NMFS will post for public viewing action may be warranted (a ‘‘positive 90- on http://www.regulations.gov without day finding’’), we are required to 50 CFR Parts 223 and 224 change. All personal identifying promptly commence a review of the [Docket No. 170117082–7082–01] information (e.g., name, address, etc.), status of the species concerned, which confidential business information, or includes conducting a comprehensive RIN 0648–XF174 otherwise sensitive information review of the best available scientific submitted voluntarily by the sender will and commercial information. Within 12 Endangered and Threatened Wildlife; be publicly accessible. NMFS will months of receiving the petition, we 90-Day Finding on a Petition To List 10 accept anonymous comments (enter ‘‘N/ must conclude the review with a finding Species of Giant Clams as Threatened A’’ in the required fields if you wish to as to whether, in fact, the petitioned or Endangered Under the Endangered remain anonymous). action is warranted. Because the finding Species Act FOR FURTHER INFORMATION CONTACT: Lisa at the 12-month stage is based on a AGENCY: National Marine Fisheries Manning, NMFS, Office of Protected significantly more thorough review of Service (NMFS), National Oceanic and Resources (301) 427–8403. the available information, a ‘‘may be warranted’’ finding at the 90-day stage Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: Commerce. does not prejudge the outcome of the status review and 12-month finding. ACTION: 90-day petition findings, request Background Under the ESA, a listing for information, and initiation of status On August 7, 2016, we received a determination may address a ‘‘species,’’ review. petition from a private citizen, Dr. which is defined to also include Dwayne W. Meadows, Ph.D., requesting SUMMARY: We, NMFS, announce our 90- subspecies and, for any vertebrate that we list the Tridacninae giant clams species, any distinct population day findings on a petition to list ten (excluding Tridacna rosewateri) as species of giant clam as endangered or segment (DPS) that interbreeds when endangered or threatened under the mature (16 U.S.C. 1532(16)). A joint threatened under the U.S. Endangered ESA. The ten species of giant clams Species Act (ESA). We find that the NMFS-U.S. Fish and Wildlife Service considered in this finding are the eight (USFWS) policy clarifies the agencies’ petition presents substantial scientific Tridacna species, including: T. costata, or commercial information indicating interpretation of the phrase ‘‘distinct T. crocea, T. derasa, T. gigas, T. population segment’’ for the purposes of that the petitioned action may be maxima, T. noae, T. squamosa, and T. warranted for seven species (Hippopus listing, delisting, and reclassifying a tevoroa (also known as T. mbalavauna); species under the ESA (‘‘DPS Policy’’; hippopus, H. porcellanus, Tridacna and the two Hippopus species: H. costata, T. derasa, T. gigas, T. 61 FR 4722; February 7, 1996). A hippopus and H. porcellanus. The species, subspecies, or DPS is squamosa, and T. tevoroa). petitioner also requested that critical Accordingly, we will initiate status ‘‘endangered’’ if it is in danger of habitat be designated for Tridacninae extinction throughout all or a significant reviews of these seven giant clam species that occur in U.S. waters species. To ensure that the status portion of its range, and ‘‘threatened’’ if concurrent with final ESA listing. The it is likely to become endangered within reviews are comprehensive, we are petition states that Tridacninae giant soliciting scientific and commercial the foreseeable future throughout all or clams merit listing as endangered or a significant portion of its range (ESA information regarding these species. We threatened species under the ESA find that the petition did not present sections 3(6) and 3(20), respectively; 16 because of the following: (1) Loss or U.S.C. 1532(6) and (20)). Pursuant to the substantial scientific or commercial curtailment of habitat or range; (2) information indicating that the ESA and our implementing regulations, historical and continued overutilization the determination of whether a species petitioned action may be warranted for of the species for commercial purposes; the other three petitioned giant clam is threatened or endangered shall be (3) inadequacy of existing regulatory based on any one or a combination of species (T. crocea, T. maxima, or T. mechanisms to safeguard the species; (4) noae). the following five section 4(a)(1) factors: other factors such as global climate The present or threatened destruction, DATES: Information and comments on change; and (5) the species’ inherent modification, or curtailment of habitat the subject action must be received by vulnerability to population decline due or range; overutilization for commercial, August 25, 2017. to their slow recovery and low recreational, scientific, or educational ADDRESSES: You may submit comments, resilience to threats. purposes; disease or predation; information, or data, by including ESA Statutory Provisions and Policy inadequacy of existing regulatory ‘‘NOAA–NMFS–2017–0029’’ by either Considerations mechanisms; and any other natural or of the following methods: manmade factors affecting the species’ • Federal eRulemaking Portal: Go to Section 4(b)(3)(A) of the ESA of 1973, existence (16 U.S.C. 1533(a)(1), 50 CFR www.regulations.gov/ as amended (16 U.S.C. 1531 et seq.), 424.11(c)). #!docketDetail;D=NOAA-NMFS-2017- requires, to the maximum extent ESA-implementing regulations issued 0029, click the ‘‘Comment Now’’ icon, practicable, that within 90 days of jointly by NMFS and USFWS (50 CFR complete the required fields, and enter receipt of a petition to list a species as 424.14(b)) define ‘‘substantial or attach your comments. threatened or endangered, the Secretary information’’ in the context of reviewing • Mail or hand-delivery: Office of of Commerce make a finding on whether a petition to list, delist, or reclassify a Protected Resources, NMFS, 1315 East- that petition presents substantial species as the amount of information West Highway, Silver Spring, MD scientific or commercial information that would lead a reasonable person to 20910. Attn: Lisa Manning. indicating that the petitioned action believe that the measure proposed in the Instructions: NMFS may not consider may be warranted, and promptly petition may be warranted. When comments if they are sent by any other publish the finding in the Federal evaluating whether substantial method, to any other address or Register (16 U.S.C. 1533(b)(3)(A)). When information is contained in a petition,

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we must consider whether the petition: indicates that the species at issue faces that the classification is based upon in (1) Clearly indicates the administrative extinction risk that is cause for concern; light of the standards on extinction risk measure recommended and gives the this may be indicated in information and impacts or threats discussed above. scientific and any common name of the expressly discussing the species’ status Analysis of the Petition species involved; (2) contains detailed and trends, or in information describing narrative justification for the impacts and threats to the species. We General Information recommended measure, describing, evaluate any information on specific The petition clearly indicates the based on available information, past and demographic factors pertinent to administrative measure recommended present numbers and distribution of the evaluating extinction risk for the species and gives the scientific and, in some species involved and any threats faced at issue (e.g., population abundance and cases, the common names of the species by the species; (3) provides information trends, productivity, spatial structure, involved. The petition also contains a regarding the status of the species over age structure, sex ratio, diversity, narrative justification for the all or a significant portion of its range; current and historical range, habitat recommended measures and provides and (4) is accompanied by the integrity or fragmentation), and the limited information on the species’ appropriate supporting documentation potential contribution of identified geographic distribution, habitat use, and in the form of bibliographic references, demographic risks to extinction risk for threats. Limited information is also reprints of pertinent publications, the species. We then evaluate the provided on population status and copies of reports or letters from potential links between these trends for all but a couple of species. authorities, and maps (50 CFR demographic risks and the causative The introduction of the petition 424.14(b)(2)). impacts and threats identified in ESA emphasizes that giant clam species have At the 90-day stage, we evaluate the section 4(a)(1). petitioner’s request based upon the Information presented on impacts or not been evaluated by the IUCN since information in the petition including its threats should be specific to the species 1996, and more recent information references, and the information readily and should reasonably suggest that one provides evidence of significant available in our files. We do not conduct or more of these factors may be population declines of all giant clam additional research, and we do not operative threats that act or have acted species range-wide, with increasing solicit information from parties outside on the species to the point that it may threats. The petition then provides the agency to help us in evaluating the warrant protection under the ESA. general background information on petition. We will accept the petitioner’s Broad statements about generalized giant clams as well as some limited sources and characterizations of the threats to the species, or identification species-specific information where information presented, if they appear to of factors that could negatively impact available. Topics covered by the petition be based on accepted scientific a species, do not constitute substantial include giant clam taxonomy, natural principles, unless we have specific information that listing may be history, descriptions of Tridacna information in our files that indicates warranted. We look for information species (descriptions of Hippopus the petition’s information is incorrect, indicating that not only is the particular species are absent), geographic range, unreliable, obsolete, or otherwise species exposed to a factor, but that the habitat descriptions, life history irrelevant to the requested action. species may be responding in a negative (including growth and reproduction), Information that is susceptible to more fashion; then we assess the potential ecology (including their symbiotic than one interpretation or that is significance of that negative response. relationship with zooxanthellae and contradicted by other available Many petitions identify risk their ecological role on coral reefs), information will not be dismissed at the classifications made by non- population structure and genetics, and 90-day finding stage, so long as it is governmental organizations, such as the abundance and trends. A general reliable and a reasonable person would International Union for the description of threats categorized under conclude that it supports the Conservation of Nature (IUCN), the the five ESA Section 4(a)(1) factors is petitioner’s assertions. Conclusive American Fisheries Society, or provided and is meant to apply to all of information indicating the species may NatureServe, as evidence of extinction the petitioned clam species. This meet the ESA’s requirements for listing risk for a species. Risk classifications by section discusses the following threats: is not required to make a positive 90- other organizations or made under other Coral reef habitat degradation (including day finding. We will not conclude that Federal or state statutes may be sedimentation, pollution, and a lack of specific information alone informative, but such classification reclamation), subsistence and negates a positive 90-day finding, if a alone may not provide the rationale for commercial harvest by coastal and reasonable person would conclude that a positive 90-day finding under the island communities for local the unknown information itself suggests ESA. For example, as explained by consumption as well as sale and export an extinction risk of concern for the NatureServe, their assessments of a for the meat, aquarium and curio trades, species at issue. species’ conservation status do ‘‘not inadequacy of existing regulatory To make a 90-day finding on a constitute a recommendation by mechanisms to safeguard the species, petition to list a species, we evaluate NatureServe for listing under the U.S. and impacts of climate change whether the petition presents Endangered Species Act’’ because (including bleaching and ocean substantial scientific or commercial NatureServe assessments ‘‘have acidification). A synopsis of and our information indicating the subject different criteria, evidence analysis of the information provided in species may be either threatened or requirements, purposes and taxonomic the petition and readily available in our endangered, as defined by the ESA. coverage than government lists of files is provided below. First, we evaluate whether the endangered and threatened species, and information presented in the petition, therefore these two types of lists should Species Description along with the information readily not be expected to coincide’’ (http:// Giant clams are a small but available in our files, indicates that the www.natureserve.org/prodServices/ conspicuous group of large bivalves that petitioned entity constitutes a ‘‘species’’ statusAssessment.jsp). Thus, when a are members of the cardiid bivalve eligible for listing under the ESA. Next, petition cites such classifications, we subfamily Tridacninae (Su et al., 2014). we evaluate whether the information will evaluate the source of information They are the largest living marine

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bivalves found in coastal areas of the porcellanus have the most restricted Life History Indo-Pacific region, and are frequently geographical ranges (bin Othman et al., The exact lifespan of tridacnines has regarded as important ecological 2010). not been determined; although it is components of coral reefs, especially as Anecdotal reports by SCUBA divers estimated to vary widely between eight providers of substrate and contributors and data from Reef Check (an to several hundred years (see original to overall productivity (Neo and Todd international non-governmental citations in Soo and Todd 2014). Little 2013). The most recent information organization that trains volunteers to information exists on the size at suggests there are 13 extant species of carry out coral reef surveys) include maturity for giant clams, but size and giant clams, 10 of which are considered records of giant clams beyond age at maturity vary by species and in this 90-day finding, including 8 previously defined geographical geographical location (Ellis 1997). In species in the genus Tridacna—T. boundaries, extending their known general, giant clams appear to have crocea, T. derasa, T. gigas, T. maxima, occurrence to near Cape Agulhas, South relatively late sexual maturity, a sessile, T. noae, T. squamosa, T. costata exposed adult phase and broadcast (formerly T. squamosina) and T. tevoroa Africa. Giant clam distribution is not spawning reproductive strategy, all of (formerly T. mbalavauna), and 2 species uniform, with greater diversity found in which can make giant clams vulnerable in the genus Hippopus—H. hippopus the central Indo-Pacific (Spalding et al., to depletion and exploitation (Neo et al., and H. porcellanus. 2007). A couple of recent sources have extended the known ranges of a couple 2015). All giant clam species are Taxonomy of species. For example, Gilbert et al. classified as protandrous functional Giant clam taxonomy (family (2007) documented the first observation hermaphrodites, meaning they mature Cardiidae, subfamily Tridacninae) has of T. squamosa in French Polynesia, first as males and develop later to seen a surge in new species descriptions extending the species’ range farther east function as both male and female in recent decades (Borsa et al., 2015a), than previously reported. Likewise, in (Chambers 2007); but otherwise, giant and there is some disagreement in the our files, we found evidence that T. clams follow the typical bivalve mollusc literature regarding the validity of some tevoroa has recently been observed in life cycle. At around 5 to 7 years of age species. Two giant clam species the Loyalty Islands of New Caledonia, (Kinch and Teitelbaum 2009), giant considered in this 90-day finding have whereas it was previously thought to be clams reproduce via broadcast been only recently described (T. tevoroa restricted to Tonga and Fiji (Kinch and spawning, in which several million and T. costata), but have been shown to Teitelbaum 2009). The petition claims sperm and eggs are released into the be junior synonyms of species described that several of the species occur (or water column where fertilization takes decades before (i.e., T. mbalavuana and historically occurred) in the United place. Giant clam spawning can be T. squamosina, respectively; Borsa et States and its territories or possessions, seasonal; for example, in the Central al., 2015a). Another species, T. noae, including: T. derasa, T. gigas, T. Pacific, giant clams can spawn year has been the subject of debate in terms maxima, T. squamosa, and H. hippopus. round but are likely to have better gonad of its validity as a species. However, T. The rest of the petitioned clam species maturation around the new or full moon noae has been recently resurrected from have strictly foreign distributions. The (Kinch and Teitelbaum 2009). In the synonymy with the small giant clam, T. NMFS Coral Reef Ecosystem Program Southern Pacific, giant clam spawning maxima, after additional molecular and (CREP) conducts routine Reef patterns are seasonal and clams are morphological evidence supported the Assessment and Monitoring Program likely to spawn in spring and taxonomic separation of the two species surveys in U.S. territories, but their throughout the austral summer months (Su et al., 2014). comprehensive monitoring reports only (Kinch and Teitelbaum 2009). Once fertilized, the eggs hatch into free- Range and Distribution include general information on Tridacna clams, not at the species level. swimming trochophore larvae for Modern giant clams are distributed around 8 to 15 days (according to the along shallow shorelines and on reefs in Habitat species and location) before settling on the Indo-West Pacific in the area the substrate (Soo and Todd 2014; confined by 30° E and 120° W (i.e., from The petition cites Soo and Todd Kinch and Teitelbaum 2009). During the South Africa to beyond French (2014), stating that giant clams are pediveliger larvae stage (the stage when Polynesia) and between 36° N and 30° markedly stenothermal (i.e., they are the larvae is able to crawl using its foot), S (i.e., from Japan in the North to able to tolerate only a small range of the larvae crawl on the substrate in Australia in the South; Neo et al., 2015) temperature) and thus restricted to search of suitable sites for settlement and excluding New Zealand and warm waters. Based on the broad and metamorphose into early juveniles Hawaii, although there are reports that latitudinal and depth ranges of some (or spats) within 2 weeks of spawning at least two species have been giant clam species, they each likely have (Soo and Todd 2014). Growth rates after introduced in Hawaii (T. derasa and T. varying ranges of temperature tolerance, settlement generally follow a sigmoid squamosa; bin Othman et al., 2010). possibly similar to that of other coral (‘‘S’’ shaped) curve, beginning slowly, Although most extant giant clams reef associated species. Although giant then accelerating after approximately 1 mainly occur within the tropical Indo- clams are typically associated with and year and then slowing again as the Pacific region, three species (T. maxima, are prominent inhabitants of coral reefs, animals approach maturity (Ellis 1997). T. squamosa and T. costata) are found this is not an obligate relationship These rates are usually slow and vary as far west as East Africa or the Red Sea (Munro 1992). Giant clams are typically amongst species. (Soo and Todd 2014). Of all the giant found living on sand or attached to coral clam species, T. maxima has the most rock and rubble by byssal threads (Soo Feeding and Nutrition cosmopolitan distribution, which and Todd 2014), but they can be found According to Munro (1992), giant encompasses nearly the entire in a wide variety of habitats, including clams are facultative planktotrophs, in geographical range of all the other giant live coral, dead coral rubble, boulders, that they are essentially planktotrophic clam species. On the other side of the sandy substrates, seagrass beds, (i.e., they feed on plankton) but they can spectrum, the more recently described macroalgae zones, etc. (Gilbert et al., acquire all of the nutrition required for T. costata, T. tevoroa, and H. 2006; Hernawan 2010). maintenance from their symbiotic algae,

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Symbodinium. Nutritional requirements degradation caused by various tools of various sorts, and/or dragging and strategies vary significantly by anthropogenic activities.’’ While we and pulling to remove giant clams from species. For example, T. derasa is able agree that highly populated coastal areas the surrounding habitat) clearly has to function as a complete autotroph in are subject to anthropogenic impacts impacts to coral reef habitat as well. its natural habitat (down to 20 m), (e.g., land-based sources of pollution, However, it is unclear how the loss of whereas T. tevoroa only achieves this in sedimentation, nutrient loading, etc.), coral reefs in the South China Sea may the shallower parts of its distribution the reference provided by the petitioner impact the status of giant clams (10 to 20 m). Tridacna gigas shows a refers to habitat degradation as a threat throughout their ranges, and aside from different strategy, comfortably satisfying to seahorse populations, with no T. gigas, the petition provides no all apparent carbon requirements from information provided in this reference species-specific information regarding the combined sources of filter-feeding specific to giant clams. The petition also habitat destruction for the other nine and phototrophy (Klumpp and Lucas asserts that because giant clams are petitioned species. 1994). In fact, Klumpp et al. (1992) associated with coral reefs, that all Therefore, while the information in showed that T. gigas is an efficient species of giant clams face all of the the petition suggests concern for the filter-feeder and that carbon derived ‘‘regular’’ threats that coral reefs status of coral reef habitat generally, its from filter-feeding in Great Barrier Reef generally face, including coral reef broadness, generality, and speculative waters supplies significant amounts of habitat degradation, sedimentation and nature, and the lack of connections the total carbon necessary for its pollution. The petition cites Brainard et between the threats discussed and the respiration and growth. al. (2011), a status review report that status of the giant clam species was prepared by NMFS for 82 coral Giant Clam Status and Abundance specifically, means that we cannot find species under the ESA, as evidence of Trends that this information reasonably habitat destruction issues throughout suggests that habitat destruction is an The petition does not provide the range of the petitioned giant clam operative threat that acts or has acted on historical or current global abundance species. While this status review report each of the species to the point that they estimates for any of the petitioned clam thoroughly describes issues related to may warrant protection under the ESA. species; rather, the petition cites a coral reef habitat degradation in general, Broad statements about generalized number of studies that document local it does not discuss giant clams, nor does threats to the species, or identification extirpations of various giant clam it provide any substantial evidence of factors that could negatively impact species in particular areas to regarding a link between coral reef a species, do not constitute substantial demonstrate that all species of giant habitat degradation and negative information that listing may be clams are currently declining, or have population-level impacts to any of the warranted. We look for information declined historically, within their petitioned giant clam species indicating that not only is the particular ranges. We assess the information throughout their ranges. Further, the species exposed to a factor, but that the presented in the petition, and petition itself notes that while giant species may be responding in a negative information in our files, regarding each clam species are generally associated fashion; then we assess the potential of the petitioned species in individual with coral reefs, it is not an obligate significance of that negative response species accounts later in this finding. relationship. In fact, surveys in many and consider the significance within the ESA Section 4(a)(1) Factors areas suggest that adults of most species context of the species’ overall range. In of giant clams can live in most of the this case, generalized evidence of The petition indicates that giant clam habitats available in coralline tropical declining coral reef habitat is not species merit listing due to all five ESA seas (Munro 1992), with observations of evidence of a significant threat to any of section 4(a)(1) factors: Present or giant clam species inhabiting a diverse the individual petitioned species to threatened destruction, modification, or variety of habitats (e.g., live coral, dead infer extinction risk such that the curtailment of its habitat or range; encrusted coral, coral rubble, seagrass species may meet the definition of overutilization for commercial, beds, sandy substrates, boulders, either threatened or endangered under recreational, scientific, or educational macroalgae zones, etc.; Gilbert et al., the ESA. purposes; disease or predation; 2006; Hernawan 2010). Additionally, In addition to habitat degradation as inadequacy of existing regulatory while the petition describes the a result of various anthropogenic mechanisms; and other natural or ecological importance of giant clams to activities, the petition contends that manmade factors affecting its continued coral reefs, the petition does not provide climate change related threats, existence. We first discuss each of these any information demonstrating the including ocean warming and ocean threats to giant clams in general, and importance of pristine coral reef habitat acidification, are operative threats to all then discuss these threats as they relate to the survival of giant clam species. giant clam species and the coral reef to each species, based on information in Finally, the petitioner also notes habitat they rely on. The petitioner cites the petition and the information readily evidence from the South China Sea that Brainard et al. (2011) and NMFS’ available in our files. 40 square miles (104 sq km) of coral proposed and final rules to list Threats to Giant Clams reefs have been destroyed as a result of numerous reef-building corals under the giant clam poaching, with an additional ESA (77 FR 73219; December 7, 2012 Present or Threatened Destruction, 22 square miles (57 sq km) destroyed by and 79 FR 53852; September 10, 2014) Modification, or Curtailment of Its island-building and dredging activities. as substantial information to support Habitat or Range The petitioner notes that the main target these claims. While we agree with the The petition contends that all giant during these poaching activities is T. petitioner that coral bleaching events clam species are at risk of extinction gigas, because its large shell is have been increasing in both intensity due to habitat destruction. The considered a desirable luxury item in and geographic extent because of petitioner cites Foster and Vincent mainland China. Although directed climate change, and the information in (2004) and states that: ‘‘Giant clams poaching of giant clams would fall the petition suggests concern for coral inhabit shallow coastal waters which under the threat of overutilization, the reef ecosystems, we disagree with the are highly vulnerable to habitat means of poaching (e.g., explosives, petitioner’s broad and generalized

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application of this information to the approaches indicate that traditional particularly important given that giant status of giant clams. temperature threshold models may not clams do not have an obligate With regard to climate change related give an accurate picture of the likely relationship to coral reefs and, like threats to coral reef habitat, NMFS’ final outcomes of climate change for coral corals, occur in a wide variety of rule to list 20 species of reef-building reefs, and effects and responses will be habitats that encompass diverse corals (79 FR 53852; September 10, highly nuanced and heterogeneous physical environmental conditions that 2014) explains that exposure and across space and time (McClanahan et influence how a particular species response of coral species to global al., 2015). responds to global threats. Broad threats varies spatially and temporally, In addition to bleaching, the generalizations regarding climate based on variability in the species’ petitioner similarly implies that ocean change related threats and their impacts habitat and distribution. The vast acidification is a threat to giant clam cannot be applied as an equivalent majority of coral species occur across habitat (i.e., corals and coral reefs). The threat to corals and coral reef associated multiple habitat types, or reef petition cites Brainard et al. (2011) and species. In cases where the petitioner environments, and have distributions states: ‘‘ocean acidification threatens to provided relevant species-specific that encompass diverse physical slow or halt coral growth and reef information regarding climate change environmental conditions that influence building entirely if the pH of the ocean impacts, we consider this information in how that species responds to global becomes too low for corals to form their further detail below in the individual threats. Additionally, the best available calcite skeletons.’’ The petition further species accounts. states that bioerosion of coral reefs is information, as summarized in Brainard likely to accelerate as skeletons become Overutilization for Commercial, et al. (2011) and the coral final rule (79 more fragile because of the effects of Recreational, Scientific, or Educational FR 53852; September 10, 2014), shows acidification. However, aside from these Purposes that adaptation and acclimatization to broad and generalized statements The petition describes several increased ocean temperatures are regarding the potential impacts of ocean activities that may be contributing to the possible; there is intra-genus variation acidification to giant clam habitat (based overutilization of giant clams in general. in susceptibility to bleaching, ocean largely on information regarding ocean The petition notes that harvest of giant acidification, and sedimentation; at least acidification impacts to corals and coral clams is for both subsistence purposes some coral species have already reefs), the petition provides very limited (e.g., giant clam adductor, gonad, expanded their ranges in response to information regarding species-specific muscle, and mantle tissues are all used climate change; and not all species are impacts of ocean acidification for most for food products and local seriously affected by ocean of the petitioned giant clam species. consumption), as well as commercial acidification. In fact, some studies Additionally, as with coral bleaching, purposes for global international trade suggest that coral reef degradation Brainard et al. (2011) and the coral final (e.g., giant clam shells are used for a resulting from global climate change rule (79 FR 53852; September 10, 2014) number of items, including jewelry, threats alone is likely to be an extremely show that adaptation and ornaments, soap dishes). spatially, temporally, and taxonomically acclimatization to ocean acidification The petition discusses a number of heterogeneous process. These studies are possible, there is intra-genus commercial fisheries that operated indicate that coral reef ecosystems, variation in susceptibility to ocean historically, including long-range rather than disappear entirely as a result acidification, and not all species are Taiwanese fishing vessels and some of future impacts, will likely persist, but seriously affected. The previous local fisheries that developed in the with unpredictable changes in the discussion regarding spatial and 1970s and 1980s (e.g., Papua New composition of coral species and temporal variability regarding how coral Guinea, Fiji, Maldives). According to ecological functions (Hughes et al., species respond to increasing Munro (1992), historical commercial 2012; Pandolfi et al., 2011). We have temperature also applies to how corals fisheries appear to have been limited to additional information regarding respond to impacts of ocean long-range Taiwanese fishing vessels, climate change impacts and predictions acidification. Despite the generally high- which targeted the adductor muscles of for coral reefs readily available in our ranking global threats from climate larger species (e.g., T. gigas and T. files, which indicates a highly nuanced change, including coral bleaching and derasa). This activity reached its peak in and variable pattern of exposure, acidification and considerations of how the mid-1970s and then subsided in the susceptibility, resilience, and recovery these threats may act synergistically, face of depleted stocks, strong over regionally and locally different only 20 of the 83 petitioned coral international pressures, and improved spatial and temporal scales, with much species ultimately warranted listing surveillance of reef areas (Munro 1992). uncertainty remaining. The literature under the ESA. This underscores the In response to declining activities by the underscores the multitude of factors fact that reef-building corals exist Taiwanese fishery and continuing contributing to coral response to within a wide spectrum of susceptibility demand for giant clam meat, thermal stress, including taxa, and vulnerability to global climate commercial fisheries developed in geographic location, biomass, previous change threats. Thus, at the broad level Papua New Guinea, Fiji, and the exposure, frequency, intensity, and of coral reefs, the information in the Maldives. For example, the Fijian duration of thermal stress events, gene petition and in our files does not allow fishery, which was exclusively for T. expression, and symbiotic relationships us to conclude that coral reefs generally derasa, landed over 218 tons over a 9- (Pandolfi et al., 2011; Putman et al., are at such risk from ocean acidification year period, with the largest annual 2011; Buddemeier et al., 2012; Sridhar effects as to threaten the viability of the harvest totaling 49.5 tons in 1984. The et al., 2012; Teneva et al., 2012; van petitioned giant clam species. petition cites Lewis et al. (1998) in Hooidonk and Huber, 2012). Evidence Finally, the petition provided no stating this level of harvest is ‘‘thought suggests that coral bleaching events will information or analysis regarding how to have removed most of the available continue to occur and become more changes in coral reef composition and stock,’’ but the authors actually stated severe and more frequent over the next function because of climate change pose that in 1984–85 there were still few decades (van Hooidonk 2013). an extinction risk to any of the abundant populations on various reefs However, newer multivariate modeling petitioned giant clam species. This is in the windward (Lau, Lomaiviti)

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islands but subsequent commercial international trade to the other nine Marshall Islands, Tonga, and the FSM, harvest has considerably reduced these petitioned giant clam species. Based on producing an approximate average of numbers. Because of these rapidly the information presented in the 15–20,000 pieces of clams per year depleting local stocks, government petition and in our files, we (Kinch and Teitelbaum 2009). authorities closed the fisheries (Munro acknowledge that international trade Therefore, the international trade of 1992). The petition also noted historical may be a threat to some species (e.g., T. giant clams is complex, with many commercial overutilization of giant gigas), but we cannot conclude that facets to consider, including the clams (i.e., T. gigas and T. derasa) in international trade is posing an increasing influx of cultured giant clams Palau. Hester and Jones (1974) recorded equivalent threat to all of the petitioned into the trade. We acknowledge that the densities of 50 T. gigas and 33 T. derasa species, as it is clear that some giant success of these restocking programs per hectare at Helen Reef, Palau, before clam species are more desirable and have been variable and limited in some these stocks were ‘‘totally decimated by targeted more for international trade locations (Teitelbaum and Friedman distant-water fishing vessels’’ (Munro than others. A more detailed analysis of 2008); however, given the foregoing 1992), although no further information available species-specific trade information, we cannot conclude that or citations are provided to better information presented in the petition international trade poses an equal describe the decimation. The petition and in our files can be found in the extinction risk to all of the petitioned discusses a few other studies that individual species accounts in later giant clam species. In cases where the document historical overutilization of sections of this notice. petition did provide species-specific giant clams in various locations, Although the petition does not information regarding commercial trade, including Japan, Philippines, Malaysia, mention aquaculture and hatchery we consider this information, as well as and Micronesia (Okada 1997; Villanoy programs, we found some information what is in our files, in the individual et al., 1988; Tan and Yasin 2003; and in our files on numerous giant clam species accounts below. Lucas 1994, respectively). Thus, it is aquaculture and hatchery programs Disease and Predation clear that in some locations, giant clams, throughout the Indo-Pacific, with particularly the largest species (T. gigas The petition states that predation is several species being cultured in not likely a threat to giant clam species, and T. derasa), have likely experienced captivity for the purpose of historical overutilization as a result of as there is no evidence to suggest that international trade and restocking/ levels of predation have changed or are commercial harvest. However, it should reseeding programs to enhance wild unnaturally high and affecting the status be noted that the large majority of the populations. Currently, a variety of of giant clam populations. We could information provided in the petition hatchery and nursery production also find no additional information in points to selective targeting of the systems are being utilized in over 21 our files regarding the threat of largest giant clam species, with limited Indo-Pacific countries (Teitelbaum and predation for any of the petitioned clam information on many of the other Friedman 2008), with several Pacific species. petitioned giant clam species. Therefore, Island Countries and Territories (PICTs) The petition asserts that because we cannot conclude that overutilization across the Pacific using giant clam diseases have been documented in a is contributing equally or to the same aquaculture and restocking programs to number of species and have likely extent to the extinction risk of all giant help enhance wild populations and increased in concert with climate clam species. Thus, any individual culture clams for commercial use/trade. change, they cannot be ruled out as a studies and species-specific information For example, the Cook Islands cultures threat. The petition presented some are discussed and analyzed in further giant clams at the Aitutaki Marine limited information on diseases (e.g., detail in the individual species accounts Research Center and exported 30,000 impacts of protozoans and parasitic below. giant clams from 2003 to 2006 for the gastropods on giant clams and other In terms of current and ongoing global marine aquarium trade (Kinch bivalves on the Great Barrier Reef of threats of overutilization to giant clams, and Teitelbaum 2009). In 2005, the Australia), but did not provide any the petition emphasizes the threat of the Palau National Government established species-specific information regarding growing giant clam industry in China, the Palau Maricultural Demonstration how diseases may be impacting giant largely the result of improved carving Center Program to conduct research on clam populations to the point that techniques, increased tourism in giant clam culture and to establish disease poses an extinction risk to any Hainan, China, the growth in e- community-based giant clam grow-out of the petitioned clam species. We could commerce, and the domestic Chinese farms. This program has helped also not find any additional information wholesale market (Larson 2016). The establish 46 giant clam farms in our files regarding the threat of petition also cites McManus (2016) to throughout Palau, with over two million disease for any of the petitioned clam note concerns that stricter enforcement giant clam ‘seedlings’ distributed (Kinch species. Therefore, we conclude that the of the trade in ivory products has and Teitelbaum 2009). At least 10 petition does not provide substantial diverted attention to giant clam shells. percent of all giant clams from each information that disease or predation is The petition points out that the giant farm are also kept aside to spawn a threat contributing to any of the clam (T. gigas) is the main target for naturally in their own ranched species’ risk of extinction, such that it international trade, as this species’ shell enclosures, thus reseeding nearby areas. is cause for concern. is considered a desirable luxury item, In addition to being used to reseed areas with a pair of high quality shells (from in Palau, the program exported Inadequacy of Existing Regulatory one individual) selling for upwards of approximately 10,000 cultured giant Mechanisms US $150,000. Therefore, the high value clams each year from 2005 to 2008 to The petition claims existing and demand for large T. gigas shells France, Germany, Canada, the United regulatory mechanisms at the may be a driving factor contributing to States (including Guam and the international, federal, and state level to ongoing overutilization of the species. Federated States of Micronesia (FSM)), protect giant clams or the habitat they However, aside from T. gigas, the Korea, and Taiwan. Other major need to survive are inadequate. The petition provides very limited producers of cultured giant clams for petitioner asserts that not only are local information regarding the threat of export include the Republic of the and national laws inadequate to protect

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giant clams, but that international trade Malaysia represents a different Trade Regulations and greenhouse gas regulations are also proportion of each of the petitioned The petition asserts that international inadequate. We address each of these species’ overall range, the potential regulations, specifically the CITES, are topics separately below. inadequacy of regulatory mechanisms in inadequate to control commercial trade Malaysia will be assessed and Local and National Giant Clam of giant clam species. The petition Regulations considered for each of the petitioned explains that although all members of species in the individual species the Tridacninae family are listed under The petitioner notes that there are accounts below. Appendix II of CITES, implementation some laws for giant clams on the books Overall, the discussion of inadequate and enforcement are likely not adequate in certain locations, but only discusses regulatory mechanisms for giant clams and thus illegal shipments are not regulations from the Philippines and at the national/local level by the Malaysia and a separate issue of illegal necessarily intercepted. However, the petitioner focuses on Southeast Asia, clam poaching in disputed areas of the assertions regarding illegal shipments without any information regarding South China Sea. The petition were made broadly about wildlife regulatory mechanisms throughout large acknowledges that all species of giant shipments in general, without providing portions of the rest of the ranges of the clam in the Philippines are protected as any specific information or clear species. However, we found regulations endangered species under the linkages regarding how CITES is failing in our files in numerous countries Philippine’s Fisheries Administrative to regulate international trade of each of throughout the tropical Pacific (e.g., Order No. 208 series of 2001 (Dolorosa the petitioned giant clam species. The and Schoppe 2005), but states that PICTs) and Australia regarding the petition cites a number of CITES despite this law, declines of giant clams harvest of giant clams. For example, size documents and states that these continue. However, the only study limits and complete bans on commercial documents ‘‘show wide disparities in presented on abundance trends since harvest are the most commonly used yearly giant clam trade figures,’’ which the law was implemented in 2001 was fisheries management tools for giant suggest that some countries have failed conducted on one reef (Tubbataha Reef; clams throughout the PICTs (Kinch and to exert control on the clam trade (bin Dolorosa and Schoppe 2005). Dolorosa Teitelbaum 2009). Several countries, Othman et al., 2010). However, the and Schoppe (2005) specifically stated including French Polynesia, Niue, petition did not provide any additional that they could not conclude a Samoa, and Tonga, have size limits details explaining how these trade continuous decline of tridacnids was imposed for certain species. Some figures demonstrate a risk of extinction occurring because the much lower PICTs, such as Fiji and New Caledonia, to any particular species. density observed in their study was both of which have active high volume Overall, the discussion of the based on data taken from a single tourist trades, allow up to three giant inadequacy of CITES is very broad and transect. Prior to the study conducted by clam shells (or six halves) not weighing does not discuss how the inadequacy of Dolorosa and Schoppe (2005), the only more than 3 kg to be exported with international trade regulations is quantitative information presented was Convention on International Trade of impacting any of the petitioned species from studies conducted in the 1980s Endangered Species of Wild Fauna and to the point that it is contributing to an and 1990s (Villanoy et al., 1988; Salazar Flora (CITES) permits. Other PICTs, extinction risk, with the exception of T. et al., 1999). Therefore, based on the such as Guam and New Caledonia, have gigas and the growing giant clam foregoing information, we cannot imposed bag-limits on subsistence and industry in China. For example, the conclude that the aforementioned commercial harvest of giant clams. petition points out that the shape of the fisheries law is inadequate for Papua New Guinea has imposed a ban large giant clam shells (T. gigas) makes mitigating local threats to giant clams on the use of night lights to harvest them highly desirable for making large, and slowing or halting population giant clams. There are also community- intricately carved scenes. In fact, the declines in the Philippines. However, based cultural management systems in petition itself emphasizes that T. gigas illegal poaching for some species does many PICTs like the Cook Islands where is the main giant clam species targeted seem to be an issue in some areas of the a local village or villages may institute and poached in the South China Sea for Philippines, notably in the protected rahui, or closed areas, for a period of this particular trade. Therefore, from the area of Tubbataha Reef National Marine time to allow stocks to recover information in the petition and our files, Park. For example, hundreds of giant (Chambers 2007). Finally, the following it is clear that some giant clam species clams (T. gigas) were confiscated from PICTs have complete bans on are more desirable and targeted for the Chinese fishermen who poached in the commercial harvest and export, with the international trade than others, and thus Park in the early 2000s (Dolorossa and exception of aquacultured species: FSM, require more restrictive regulations to Schoppe 2005), indicating that Fiji, French Polynesia, Kiribati, Palau, ensure their sustainability. As discussed regulatory mechanisms (e.g., the Solomon Islands, and Vanuatu (Kinch previously in the Overutilization for protected area) may not be adequate to and Teitelbaum 2009). Therefore, Commercial, Recreational, Scientific, or protect that highly sought after species. without any information or analysis as Educational section above, we The petitioner also notes that to how these regulatory measures are concluded that, for giant clams in Malaysia’s Department of Fisheries has failing to address local threats to giant general, the information in the petition listed giant clams as protected species, clams, we cannot conclude that there is and our files does not constitute but cites Tan and Yasin (2003) as substantial information indicating that substantial information that evidence that giant clams continue to regulatory mechanisms for all of the international trade is posing an decline despite this protective petitioned giant clam species are equivalent threat to all of the petitioned regulation. The petition provides no equally inadequate such that they may giant clam species. Therefore, while we details regarding when this law was be posing an extinction risk to the acknowledge that international trade implemented or what specific species. Where more specific may be a threat to some species, and protections it affords giant clams in information is available for a particular existing regulations may be inadequate Malaysian waters, nor could we find species, we consider this information in and warrant further investigation, the these details in the reference provided the individual species accounts later in assertion that inadequate regulations for (Tan and Yasin 2003). Given that this finding. international trade is an equivalent

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threat to all of the petitioned giant clam Asia. The petition then describes several sites and multiple major bleaching species is not supported. studies on the physiological effects to events (Hobbs et al., 2013). Based on giant clams from bleaching and ocean this example, generalized statements Greenhouse Gas Regulations acidification, with the large majority of about bleaching impacts to all The petition claims that regulatory these studies conducted on T. gigas. organisms that have symbiotic mechanisms to curb greenhouse gas However, while the petition provides dinoflagellates being analogous are not emissions and reduce the effects of some evidence that giant clams supported by the best available global climate change are inadequate to experience bleaching as a result of information. protect giant clams from the threats increased temperature, there is no Without species-specific information climate change poses to the species and discussion regarding how giant clams on how ocean warming-induced their habitat. The petition goes on to tolerate bleaching or the extent to which bleaching affects each of the petitioned explain that climate change threats, bleaching leads to mortality for the giant clam species (e.g., mortality rates including bleaching and ocean majority of the petitioned species. For and evidence of negative population acidification, represent the most example, the petition discusses a study level effects), we cannot conclude that significant long-term threat to the future by Leggat et al. (2003), in which the bleaching caused by ocean warming of global biodiversity. Information in symbiotic zooxanthellae in T. gigas may be acting equally on all of the our files and from scientific literature declined 30-fold during the 1998 global petitioned species to the point that the indeed indicates that greenhouse gas coral bleaching event, leading to a loss petitioned action may be warranted. emissions have a negative impact to reef of the nutrition provided by Where the petition provides some building corals (NMFS 2012). However, zooxanthellae in ways very similar to species-specific information regarding as we discussed in detail previously, the effects on stony corals; however, the the effects of temperature-induced beyond this generalized global threat to petition failed to present any discussion bleaching, we consider this information coral reefs, we do not find that the or analysis as to how this stressor is in more detail in the individual species petition presents substantial linked to mortality of giant clams or accounts below. information indicating that the effects of population declines. In fact, the main Ocean Acidification greenhouse gas emissions are negatively conclusion of the Leggat et al. (2003) Similar to the effects of ocean affecting the petitioned species or their study states: habitat such that they may warrant warming, the petitioner discusses ocean Despite this significant reduction in acidification as a threat contributing to listing under the ESA. In particular, the symbiont population, and the consequent information in the petition and in our the extinction risk of all of the changes to their carbon and nitrogen budgets, petitioned giant clam species. The files does not indicate that the loss of the clams are able to cope with bleaching coral reef habitat or the direct effects of events significantly better than corals. During petitioner asserts that the effects of ocean warming and acidification is the recovery of clams after an artificial ocean acidification will likely accelerate contributing to the extinction risk of the bleaching event only three out of 24 clams the bioerosion of giant clam shells and petitioned species (refer back to the died, and personal observations at Orpheus lead to their increased fragility. To Island indicated that survival rates of Present or Threatened Destruction, support this assertion, the petition cites bleached clams were greater than 95 percent two studies. One study (Waters 2008) Modification or Curtailment of its under natural conditions. This is in contrast looked at cultured specimens of T. Habitat or Range section above and the to reports indicating coral mortality in some maxima in a lab experiment and found Other Natural or Manmade Factors species can be as great as 99 percent. that T. maxima juveniles exposed to section below). Therefore, with the Therefore, although giant clams and pCO concentrations approximating exception of species for which species- 2 stony corals can experience similar glacial (180 ppm), current (380 ppm) specific information is available bleaching of their symbiotic and projected (560 ppm and 840 ppm) regarding negative responses to ocean zooxanthellae, this does not necessarily levels of atmospheric CO (per the IPCC warming or acidification, inadequate 2 equate to analogous impacts of IS92a scenario) suffered decreases in regulatory mechanisms controlling widespread bleaching-induced mortality size and dissolution, and this occurred greenhouse gas emissions are not from ocean warming. As discussed for below thresholds previously considered considered a factor that may be another reef-dwelling organism in the detrimental to other marine organisms contributing to the extinction risk of the orange clownfish 12-month finding (80 in similar conditions. We discuss these petitioned species. FR 51235), anemones also have results and implications in further detail Other Natural or Manmade Factors symbiotic zooxanthellae, but literature in the T. maxima species account Affecting Its Continued Existence on the effects of ocean warming on below. anemones show results that are not The second study (Lin et al., 2006) Ocean Warming and Giant Clam necessarily analogous with corals either, did not specifically evaluate impacts of Bleaching and in fact show high variability ocean acidification but instead involved The petitioner discusses the climate between and within species. Even mechanical tests on the shells of conch change-related impacts of ocean individual anemones can show varying (Strombus gigas), giant clam (T. gigas), warming and giant clam bleaching as an responses across different bleaching and red abalone (Haliotis rufescens) for extinction risk to all the petitioned giant events. Although observed anemone a comparison of strength with respect to clam species. In terms of giant clam bleaching has thus far been highly the microstructural architecture and bleaching, the petitioner argues that variable during localized events, the sample orientation. The study found giant clams are like stony corals, in that overall effect of bleaching events on that although the structure of the T. the Symbodinium zooxanthellae in giant anemones globally (i.e., overall gigas shell had the lowest level of clams are subject to bleaching and other proportion of observed anemones that organization of the three shells, its sheer effects from high temperature. The have shown ill effects) has been of low size results in a strong overall system petitioner provides a number of studies magnitude at sites across their ranges. In (Lin et al., 2006). The petitioner claims documenting giant clam bleaching in fact, only 3.5 percent of the nearly that because T. gigas has the lowest various locations, including the Great 14,000 observed anemones were flexural shell strength relative to the two Barrier Reef in Australia and Southeast recorded as bleached across 19 study other types of shells tested, that any loss

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of shell material or strength from the information, we consider this this species. He cites Shelley (1989) effects of ocean acidification may have information in further detail in the who found second sexual maturity in H. a greater negative effect on giant clams individual species accounts below. hippopus at Orpheus Island, Great than on other large molluscs. However, Individual Species Accounts Barrier Reef, at a shell size of 145mm this statement is speculative, and no which equated to 2 years of age for additional information or references Based on the information presented in males and 4 years of age for were provided to support this claim. the petition and in our files, we made hermaphrodites of the species from the Overall, while we agree that ocean 10 separate 90-day findings, one for study area. He cites Stephenson (1934) acidification is likely to continue and each of the petitioned giant clam and Shelley (1989) who reported that H. increase in severity over time within the species. We first address the seven hippopus spawns in the austral summer ranges of the giant clam species, species for which we have determined months of December to March on the resulting in various detrimental that the information presented in the Great Barrier Reef, which is also impacts, additional information in our petition and in our files constitutes files also underscores the complexity substantial information that the supported by Munro (1992) who found and uncertainty associated with the petitioned action may be warranted (i.e., spawning of H. hippopus to be various specific effects of ocean positive 90-day finding). Because we restricted to a short summer season in acidification across the ranges of giant will be addressing all potential threats the central region of the Great Barrier clams. There are numerous complex to these species in forthcoming status Reef. In Palau, Hardy and Hardy (1969) spatial and temporal factors that reviews, we will only provide reported that H. hippopus spawned in compound uncertainty associated with summaries of the main threat June. In a detailed study of early life projecting effects of ocean acidification information in these species accounts as history in Guam, fertilized eggs of H. on coral reef associated species such as opposed to addressing every ESA hippopus had a mean diameter of 130.0 giant clams. Further, as explained in the (4)(a)(1) factor. Then, we address the mm (micrometers; 13 cm; Jameson 1976). final rule to list 20 reef-building coral remaining three species for which we According to the same study, settlement species under the ESA (79 FR 53852; determined that the information in Guam occurred 9 days after September 10, 2014), projecting species- presented in the petition and in our files fertilization at a mean shell length of specific responses to global threats is does not constitute substantial 202.0 mm (20.2 cm) for H. hippopus. complicated by several physical and information that the petitioned action is Juveniles of H. hippopus in Guam first biological factors that also apply to the warranted (i.e., negative 90-day finding). acquired zooxanthellae after 25 days petitioned giant clam species. First, In these species accounts, we address and juvenile shells showed first signs of global projections of changes to ocean every ESA (4)(a)(1) factor individually. becoming opaque after 50 days (Jameson acidification into the future are associated with three major sources of Hippopus hippopus 1976). uncertainty, including greenhouse gas Species Description Range, Habitat, and Distribution emissions assumptions, strength of the climate’s response to greenhouse gas The petition does not provide any The petition includes a range map for concentrations, and large natural descriptive information for H. hippopus. H. hippopus that was excerpted from variations. There is also spatial and We found some information in our files bin Othman et al. (2010). bin Othman et temporal variability in projected describing this species. Its shell exterior al. (2010) note that data from Reef environmental conditions across the is off-white with a yellowish orange Check (www.reefcheck.org) indicate that ranges of the species. Finally, species- coloring and reddish blotches arranged there are populations of giant clams specific responses depend on numerous in irregular concentric bands; the shell beyond the species-specific boundaries biological characteristics, including (at a interior is porcelaneous white, described by the references on which frequently flushed with yellowish minimum) distribution, abundance, life the range maps within bin Othman et al. orange on the ventral margin, and the history, susceptibility to threats, and (2010) are based, although no further mantle ranges from a yellowish-brown, capacity for acclimatization. detail is provided for any species. This In this case, the petition did not dull green, or grey (Kinch and provide sufficient information regarding Teitelbaum 2009). Maximum shell applies to all species for which range the likely impacts of ocean acidification length for H. hippopus is 40 cm, but it maps based on bin Othman et al. (2010) on specific giant clam species or their is commonly found at lengths up to 20 are provided in this finding. The range populations. Without any analysis of cm. It can be found on sandy bottoms map for H. hippopus provided in the how ocean acidification may be of coral reefs in shallow water to a petition does include several U.S. negatively impacting each of the depth of 6 m. Smaller specimens (up to Pacific areas including Guam, petitioned giant clam species (with the about 15 cm in length) are often Commonwealth of the Northern Mariana exception of T. maxima and T. attached to coral rubble by their byssal Islands (CNMI), and Wake Atoll. squamosa), we cannot conclude that strings, while large and heavy According to the petition, H. hippopus substantial information was provided to specimens are unattached and lack a also historically occurred in Singapore indicate effects of ocean acidification byssus (Kinch and Teitelbaum 2009). (Neo and Todd 2012b and 2013) and the may be acting on all of the petitioned Life History United States, although locations in the species to the point that the petitioned United States are not specified and no action may be warranted. In cases where The petitioner provides some reference is provided. the petition did provide species-specific information on life history specific to

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According to Munro (1992), H. Indonesia. Upon review of this hippopus declined by 97 percent in hippopus occurs in the widest range of reference, more specifically, the authors Tubbataha Reef Park in the Philippines habitat types of all the Tridacninae found many small shells of H. hippopus from 1995–2005 based on a survey by species. This species is seemingly but no living specimens in their survey Dolorosa and Schoppe (2005). However, equally comfortable on sandy atoll area of seven island transects in Central upon closer review of this reference, the lagoon floors or exposed intertidal Java, Indonesia. The authors noted that data in Dolorosa and Schoppe (2005) habitats, and similar to T. gigas, which because of time constraints, it was not indicating a substantial decline in H. is found in many habitats (e.g., high or possible to cover more than a very small hippopus density was taken from a low islands, lagoons, or fringing reefs; proportion of the total area suitable for single transect; as such, the authors Munro 1992). clam growth in Karimun Jawa. Thus, concluded that a continuous decline of confining the survey to such a small the Tridacnids (including H. hippopus) Population Status and Abundance area could have affected the results. could not be confirmed. Finally, Salazar Trends Hernawan (2010) found small et al. (1999) did a stock assessment of Although an overall population populations and evidence of giant clams (including H. hippopus) in abundance estimate or population recruitment failure in the six species the Eastern Visayas of the Philippines trends for H. hippopus are not found during a survey of Kei Kecil, and found most of the populations were presented, the petitioner does provide Southeast-Maluku, Indonesia, including made up of juveniles with insufficient some limited abundance information H. hippopus. The authors conducted numbers of breeders to repopulate the from various locations within the giant clam surveys in nine sites out of region, although this reference was species’ range. For example, the petition the many thousands of islands that unavailable for review. Notably, the cites Tan and Yasin (2003) who state make up Indonesia. At another site in petition cites Thamrongnavasawat that giant clams of all species but T. Indonesia, Eliata et al. (2003) reported (2001) as reporting that H. hippopus is crocea are considered endangered in an 84 percent decline in H. hippopus considered extinct in Mo Ko Surin Malaysia. The authors mention based on surveys of Pari Island from National Park in Thailand, although the underwater surveys that reveal the 1984 and 2003. This species is bibliographic information provided for ‘‘distribution of giant clams are presumed nationally extinct in this reference did not allow us to access widespread but their numbers are very Singapore (Neo and Todd 2012a, 2013) it for review. low,’’ but there are no references and has been reported as extirpated While individually and collectively provided by the authors to provide any from Fiji, Tonga, Samoa and American the studies discussed in this section more detail or support for this Samoa, Guam, the Mariana Islands, and represent a small portion of H. information, which makes it difficult to Taiwan (Wells 1996a, Skelton et al. hippopus’ total geographic range, interpret this information for individual 2002, Teitelbaum and Friedman 2008). localized declines and potential species. The only species-specific The petition presents three references extirpations of this species in small information for H. hippopus in this from the Philippines on H. hippopus. areas are spread throughout its range reference is that it occurs in Malaysian Villanoy et al. (1988) states this species and not confined to one area that may waters. The petition states that Brown has been overexploited based on the be disproportionately affected by some and Muskanofola (1985) found that H. export volumes of giant clam shells. The negative impact. Thus, the number and hippopus was locally extinct in petitioner claims densities of H. spatial distribution of localized severe

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declines or extirpations in the context of substantial information that climate to determine what has potentially the species’ range may be contributing change may be acting on H. hippopus as caused these declines and extirpations. to an elevated extinction risk for this a species to the extent that it needs Hippopus porcellanus species such that it warrants further protection under the ESA, the impacts investigation. of ocean warming will be further Species Description evaluated for H. hippopus in the status Threats to Hippopus hippopus review based on the best available The petition does not provide any The petition presents three studies information. descriptive information for H. with species-specific information Finally, Norton et al. (1993) found porcellanus. We found some regarding threats to H. hippopus. Some two incidences of mortality in H. information in our files describing this historical information indicates that hippopus from rickettsiales-like species. Commonly known as the China shells of H. hippopus (long extirpated in organisms in cultured clams in the clam, H. porcellanus grows to a Fiji) occur in shell middens at the western Pacific, one in the Philippines maximum of 40 cm, but is commonly Lapita-era (1100–550 B.C.) settlements and one in Kosrae. However, it is not found up to 20 cm in shell length. The (Bourewa and Qoqo) along the Rove uncommon among individuals cultured shell exterior is off-white, occasionally Peninsula in Fiji; the valve size and in close proximity to be afflicted with with scattered weak reddish blotches. weight increase with depth (i.e., age) in parasites or diseases that spread quickly The shell interior is porcelaneous white, the midden, suggesting that human (Norton et al., 1993). While this does not more or less flushed with orange on the consumption contributed to its local constitute substantial information that ventral margin, and the mantle ranges disappearance (Seeto et al. 2012). While disease or parasites may be acting on H. from a yellowish-brown, dull green or this one piece of evidence does not hippopus as a species to the extent it grey (Kinch and Teitelbaum 2009). This constitute substantial information that needs the protections of the ESA, the species can be distinguished from its overharvest may be acting or may have threats of disease and parasites will be congener, H. hippopus, by its smoother acted on H. hippopus as a species to the further evaluated in a forthcoming and thinner shells and presence of extent that it needs protection under the status review. fringing tentacles at its incurrent siphon ESA, the threat of overexploitation will (Neo et al., 2015). Conclusion be evaluated in the status review. Life History Blidberg et al. (2000) studied the effect In conclusion, the information of increasing water temperature on T. provided on threats for this species is Aside from the information already gigas, T. derasa, and H. hippopus at a limited and the individual studies by discussed previously in the Giant Clam laboratory in the Philippines. Hippopus themselves are not substantial Life History section, the petition did not hippopus experienced increased information indicating the petitioned provide any life history information respiration and production of oxygen in action may be warranted for the species. specific to H. porcellanus, nor could we elevated temperatures and was therefore However, the evidence presented of find any additional information in our more sensitive to higher temperature localized declines or extirpations in files on the life history of this species. than the two other species tested. After different parts of the species’ range does Range, Habitat, and Distribution 24 hours at ambient temperature plus 3 suggest that one or more threats may be °C, however, no bleaching was observed acting on the species throughout all or Hippopus porcellanus has one of the for any of the species. While we a significant portion of its range and the most restricted geographic ranges of the acknowledge the potential for ocean petitioned action may be warranted. The petitioned giant clam species. The warming to have an effect on this number and spatial distribution of petition notes that the species only species, this was a limited experiment, localized severe declines or extirpations occurs in Palau, Indonesia, and the the results of which are difficult to in the context of the species’ range may Philippines based on the IUCN interpret in terms of the potential be contributing to an elevated extinction assessment (Wells 1996); however, in species-level or even localized impacts risk for this species such that it warrants the population abundance and trends of physiological stress due to elevated further investigation. The best available section, the petition notes the ocean temperatures in the wild in the information on the species’ overall endangered status of H. porcellanus in context of this assessment. While this status and all potential threats will be Malaysia, placing its occurrence there as one study does not constitute evaluated in a forthcoming status review well.

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H. porcellanus can be found in porcellanus in this reference is that it is gives cause for concern and warrants shallow waters on sandy bottoms of restricted to Sabah, Eastern Malaysia. further investigation. coral reefs. Young specimens are often The petition asserts that H. While H. porcellanus also occurs in attached to coral heads via their byssus, porcellanus is overexploited and Indonesia and Palau, the petition did whereas mature individuals lack a depleted in the Philippines based on not provide any additional information byssus and lay unattached on the Villanoy et al., (1988) and Rubec et al., regarding the species’ status or substrate (Rosewater 1982). (2001). Villanoy et al., (1988) examined abundance trends in these locations. average size frequency distributions of The information provided by the Population Status and Abundance petitioner for giant clams in Indonesia is Trends giant clams harvested from the Sulu Archipelago and Southern Palawan from a location where H. porcellanus is not known to occur (i.e., Kei Kecil, The petition does not provide an areas from 1978 to1985, and determined Indonesia). We could not otherwise find overall population abundance or trend that H. porcellanus was overexploited in any information in our files from estimate for H. porcellanus as a species the Philippines as early as the 1980s. Indonesia or Palau regarding the status throughout its range. The petition does, The authors note that these findings of H. porcellanus in these locations. however, provide limited, localized have serious implications given that the Overall, while the information information on the population status Sulu Archipelago and Southern presented in the petition is very limited and abundance trends of H. porcellanus, Palawan may be the last strongholds of regarding the species’ current status and with some information from Malaysia all giant clam species occurring in abundance trends throughout its range and the Philippines, but no species- Philippine waters. Rubec et al. (2001) and would not in and of itself constitute specific information from other parts of more recently described H. porcellanus substantial information, the species’ the species’ range, including Indonesia as ‘‘depleted,’’ but they did not provide range is significantly restricted. and Palau. As discussed in other species any references or additional detail to Therefore, given that the species only accounts, the petitioner cites Tan and help us determine what they meant by occurs in four countries, the information Yasin (2003), who state that giant clams ‘‘depleted’’ or how this current presented in the petition from the of all species but T. crocea are information relates to historical Philippines, albeit limited, gives cause considered endangered in Malaysia. As abundance of the species in Philippine for concern that the species may have an noted previously, the authors mention waters. Without any quantitative elevated extinction risk that warrants underwater surveys that reveal that the information on abundance trends of H. further investigation. ‘‘distribution of giant clams are porcellanus in the Philippines since the widespread but their numbers are very 1980s, it is difficult to determine what Threats to H. porcellanus low,’’ but the authors do not provide the present status of the species is in The only species-specific information any references with any more detail or this portion of its range. However, we provided by the petition regarding support for this information, which note that because H. porcellanus has an threats to H. porcellanus is related to makes it difficult to interpret this extremely restricted geographic range, overutilization in the Philippines. As information for individual species. The occurring in only three countries, described in the Population Status and only species-specific information for H. overexploitation in the Philippines Abundance Trends section above, the

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petitioner cited Villanoy et al. (1988) as concerns for reasons discussed above. information for T. costata, but we found evidence of overutilization of H. However, given the species’ extremely some limited information in one of the porcellanus. Villanoy et al. (1988) notes restricted range, combined with references provided that suggests a that giant clams have long been evidence of localized declines and narrow reproductive period. Richter et harvested by subsistence fishermen in historical overutilization in the al. (2008) found marked differences in the Indo-Pacific Region as a Philippines, we find the information the seasonal times of reproduction supplementary source of protein. compelling enough to conclude that the between T. costata and its Red Sea Additionally, in some areas of the petitioned action may be warranted. The congeners (T. maxima and T. Philippines (e.g. Sulu Archipelago, best available information on the squamosa). Specifically, T. costata’s species’ overall population status and Southern Palawan), giant clams are also reproductive period appears to be an all potential threats will be evaluated in harvested commercially for their shells. early and brief period in spring, After examining average size frequency a forthcoming status review. coinciding with the seasonal planktonic distributions of giant clams harvested Tridacna costata (T. squamosina) bloom (Richter et al., 2008). This narrow from the Sulu Archipelago and Southern Palawan areas from 1978– Species Description reproductive window may make T. 1985, Villanoy et al. (1988) determined costata particularly vulnerable to Tridacna costata has been described overfishing. The timing of T. costata’s that H. porcellanus was overexploited in only recently (Richter et al., 2008; bin reproduction combined with the small the Philippines as early as the 1980s, Othman et al., 2010), but it has been diameter of the ova (75 ±2 [SEM] mm) and is no longer commercially shown to be a junior synonym of the harvested. As noted previously, the previously described T. squamosina suggests a planktotrophic (i.e., feeding Sulu Archipelago and Southern (Borsa et al., 2015a). This species of on plankton) development of the larvae. Palawan areas are thought to be the last giant clam grows to 32 cm (Neo et al., This contrasts with the lecithotrophic strongholds of giant clams in Philippine 2015) and features 5–7 deep rib-like (i.e., yolk-feeding) and hence food- waters. Therefore, the overexploitation vertical folds, resulting in a zig-zag independent larval development in the of H. porcellanus as of the 1980s and its dorsal shell margin. According to summer-spawning T. squamosa and T. restricted range could have serious Richter et al., (2008), the mantle is most maxima, which also have much larger implications regarding the species’ commonly a subdued brown mottled eggs (35 percent ±1 percent and 41 extinction risk. More recently, Rubec et pattern; mantle margins are green with percent ±2 percent by volume, al. (2001) similarly document that H. prominent ‘‘wart-like’’ protrusions and respectively; Richter et al., 2008). porcellanus has been depleted to such pale striations following mantle an extent that it is no longer contour. These features (the pronounced Range, Habitat, and Distribution commercially viable for harvesting in rib-like vertical folds and the prominent Among giant clam species, T. costata the Philippines. wart-like protrusions on the mantle has one of the most restricted tissue) are the main diagnostic features Conclusion geographical ranges, occurring only in that separate T. costata from its the Red Sea. Richter et al. (2008) In conclusion, the information sympatric congeners. These features are provided on population abundance and conservatively present even in small describes the species as occurring threats for this species is limited and by clams <10 cm shell length (Richter et throughout the northeastern Gulf of itself would not be considered al., 2008). Aqaba (type locality), Sinai coast, substantial information indicating the western Gulf of Aqaba, northern Red petitioned action may be warranted. The Life History Sea, and Egyptian mainland down to individual studies presented are not The petition itself does not describe Hurghada and Safaga. compelling evidence of species level any species-specific life history

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In a survey of giant clams in the Red highest numbers for the species reef top gathering), it is likely that Sea, Richter et al. (2008) noted that live occurred on offshore shoals in the Red overutilization of the species has specimens of T. costata were found Sea proper; however, adult broodstock contributed to its significant decline. exclusively in very shallow water was below detection in much of the Therefore, we conclude that the petition including reef flats, seagrass beds, study area (Richter et al., 2008). In fact, presents substantial information that sandy-rubble flats, on slight depressions only 13 live individuals of T. costata overutilization may be a threat in barren rocky flats, or under branching were observed along the entire contributing to an elevated extinction corals or coral heads shallower than 2m. Jordanian Red Sea coast, which risk for this particular species. All clams were weakly attached to the prevented collection of paratypes Conclusion substrate. Thus, unlike its Red Sea (Richter et al., 2008). congeners T. maxima and T. squamosa, Based on the above information, we Threats to T. costata which have broad vertical ranges of find that the petition presents distribution, T. costata is restricted to Based on the limited information in substantial scientific and commercial the reef top (Richter et al., 2008). the petition, we determined that information indicating that the historical and ongoing overutilization petitioned action of listing T. costata as Population Status and Abundance may be a threat contributing to an threatened or endangered may be Trends elevated extinction risk for this species warranted. Its highly restricted range, Given the recent description of this that warrants further investigation, reduced abundance, low productivity species, information on its current particularly given the species’ restricted (due to its narrow reproductive population status and abundance trends geographic range and shallow depth periodicity), and the threat of is limited. However, one available study distribution. In general, Tridacna stocks overutilization for commercial purposes suggests a significant historical decline in the Red Sea have declined to less may be contributing to an elevated risk of the species. Results of surveys along than 5 percent of their sizes in the 1980s of extinction such that the petitioned the shores and well-dated emerged reef and 1990s, largely due to artisanal reef- action may be warranted. The best terraces of Sinai and Aqaba show that T. top gathering for meat and shells (Richer available information on the species’ costata comprised >80 percent of giant et al., 2008). Richter et al. (2008) notes overall population status and all clam stocks prior to the last interglacial that modern humans have likely been potential threats will be evaluated in a period (122,000 to 125,000 years ago). exploiting Red Sea mollusks for at least forthcoming status review. Subsequently, the proportion of T. 125,000 years. Although natural Tridacna derasa costata plunged to <5 percent in freshly disturbances may be responsible for discarded shell middens (Richter et al., variable rates of recruitment and Species Description 2008). Currently, the species is thought mortality among the three Red Sea giant The petition itself does not provide to represent less than one percent of the clam species, the substantial reduction any descriptive information for T. present giant clam stocks in the Red in Tridacna size (equivalent to ∼20-fold derasa. Neo et al. (2015) report that T. Sea. For example, in underwater decrease in individual body mass and derasa is the second largest species, surveys conducted in the Gulf of Aqaba fecundity accompanying the species growing up to 60 cm with heavy and and northern Red Sea, only 6 out of shift) strongly indicates overfishing plain shells, with no strong ribbing. 1,000 live specimens belonged to the (Richter et al., 2008). Further, given that According to Lewis et al. (1998), the new species, with densities averaging T. costata is restricted to the shallow maximum size recorded in Fiji, 62 cm, 0.9 ±0.4 individuals per 1,000 m2. The reef top (and thus more accessible to is well above that recorded by

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Rosewater (1965, 51.4 cm) who, derasa. We found no additional life introduced during various mariculture however, had access to only few history information for this species in efforts in areas including the United specimens. Specimens greater than 50 our files. States (e.g., Hawaii) and the Federated cm in length are relatively common. Range, Habitat, and Distribution States of Micronesia. bin Othman et al. Life History (2010) reports T. derasa from Australia, The petition does not provide a Palau, Papua New Guinea (PNG), and The petition presents very limited life description of the geographic range for the Philippines. Tridacna derasa is history information for T. derasa. The T. derasa, but it was included in the noted as an introduced species in the optimal reproductive season for T. range map provided for most of the derasa sampled from Michaelmas Cay petitioned species. The map includes all Cook Islands and Samoa (introduced for was from September/October to of Malaysia, but Tan & Zulfigar (2003) aquaculture purposes) and also reported November/December (Braley 1988). report that T. derasa is restricted to from Fiji, FSM, the Marshall Islands, Simultaneous hermaphroditism was Sabah, Eastern Malaysia. Wells (1996) New Caledonia, Solomon Islands, found in 0 to 28 percent of sampled T. noted that T. derasa has been Tonga, and Vanuatu (CITES 2009).

Tridacna derasa preferentially protection of well-developed barrier or individuals) showed an annual inhabits clear offshore or oceanic waters fringing reefs. Occurring near the surface mortality of 4.4 percent at Michaelmas away from high islands with significant down to 25 m, T. derasa occurs in greatest Cay on the Great Barrier Reef between density in the windward (eastern) islands of run-off of freshwater (Munro 1992). For the Fiji group. Very high numbers (hundreds/ 1978 and 1985 (Pearson and Munro example, it is not recorded from the hectare) are occasionally noted. It is rare or 1991). Rubec et al. (2001) notes that T. Papuan Barrier Reef running along the absent from high island fringing reefs and derasa, among other species, was south coast of PNG, nor from the lagoons where salinity and water clarity are depleted and no longer commercially fringing reefs of the north coast, but it reduced by freshwater runoff, and from harvestable in the Philippines, although unprotected areas. Until a size of typically 30 does occur within a few miles of the the authors do not provide an original southeast point of mainland PNG cm is reached, the species is weakly byssally attached to coral pieces or rubble. source of that information. Teitelbaum (Munro 1992). Large T. derasa were also and Friedman (2008) refer to the commonly found at 10 to 20 m depth in Population Status and Abundance extirpation of T. derasa in Vanuatu but the clear oceanic conditions of the Trends do not provide a reference for that windward islands and barrier reefs of information. The authors also report eastern Fiji (Adams et al., 1988). Lewis The petition does not provide et al. (1988) reported that: estimates of population abundance or that Vanuatu has a restocking program trends for T. derasa; however, the that includes T. derasa. Teitelbaum and T. derasa has a curious NW–SE petition does provide some information Friedman (2008) report that the distribution across the Indo-Malayan region, and is not found east of Tonga or in on population status or trends from reintroduction of approximately 25,000 equatorial areas east of Solomon Islands. In individual locations within the species’ T. derasa to Yap from neighboring Palau Fiji, the species is generally confined to clear range. A small population of T. derasa in 1984 resulted in only approximately oceanic outer lagoon areas, within the (initial baseline survey counted 44 8 percent survival of the introduced

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stock. However, these T. derasa context of the species’ range may be review also notes that international matured, reproduced, and re-established contributing to an elevated extinction trade in T. derasa was reported from an viable populations on nearby reefs risk for this species such that it warrants additional 14 countries not selected for (Lindsay 1995). Surveys conducted by further investigation. review and that for most countries no the Secretariat of the Pacific Community population monitoring seems to be in Threats to T. derasa (PROC-Fish/C–CoFish programmes) place and harvest and use of giant clams noted the continued presence of T. Beyond the generalized threats to all are inadequately regulated or not at all. derasa in Yap in low numbers in mid- giant clam species discussed above, the The petition cites Bliderg (2000), who 2006. petition presents little information on studied the effect of increasing water The petitioner cites Tan and Yasin threats to T. derasa specifically. temperature by 3 °C on cultured T. (2003), stating giant clams of all species According to Munro (1992), historical derasa, and several other species, for 24 but T. crocea are considered endangered commercial fisheries appear to have hours. Results showed reduced gross in Malaysia. The authors mention been confined to long-range Taiwanese production and decreased respiration of underwater surveys that reveal fishing vessels, which targeted the oxygen in response to the temperature ‘‘distribution of giant clams are adductor muscles of the larger species increase however, different species of widespread but their numbers are very (e.g., T. gigas and T. derasa). There are clams demonstrated different results, low,’’ but the authors did not provide anecdotal claims in several of the indicating different strategies for dealing any references with any more detail or references discussed above that harvest with heat stress. None of the treated support for this information, which led to low population levels at certain specimens exhibited any bleaching makes it difficult to interpret this study sites (e.g. Rubec et al., 2001, during the experiment. We acknowledge information for individual species. Teitelbaum and Friedman 2008, Tan these results, but note they are not Brown and Muskanofola (1985) found and Yasin 2003, Brown and easily interpreted to determine potential only one individual of T. derasa during Muskanofola 1985, and Hernawan individual or species level effects over a survey carried out in Karimun Jawa, 2010), but none of those studies provide time and/or space for T. derasa. The a group of islands off the north coast of empirical evidence of declining trends clams used in the experiment were Central Java, Indonesia, surmising the or of potential causes of low population cultured and not harvested from the species was essentially functionally numbers. The petition cites Lewis et al. wild. Cultured specimens are likely to extinct in this area. At another site in (1988), stating that the Fijian fishery for experience much more uniform Indonesia, the petition cites Hernawan T. derasa landed over 218 tons over a environments and are likely not (2010), stating that they found small 9-year period, with the largest annual acclimated to the common daily populations and evidence of harvest totaling 49.5 tons and which is fluctuations in many environmental recruitment failure in the six species ‘‘thought to have removed most of the parameters experienced in the wild. As found during a survey of Kei Kecil, available stock.’’ We find this to be a such, their responses to abrupt changes Southeast-Maluku, including T. derasa. slight mischaracterization of what Lewis in their environment may differ from The authors conducted giant clam et al. (1988) state about T. derasa in Fiji those of wild specimens. Given the surveys in nine sites in this area. based on 26 surveys between 1984– heterogeneity of the species’ habitat and However, Indonesia encompasses 1987: current environmental conditions across thousands of islands and T. derasa Tridacna derasa: Widespread throughout its range, these results are not occurs in other locations throughout the group, but generally rare on the fringing compelling evidence of a threat related Indonesia (Hernawan 2010). Therefore, reefs of the main islands where terrestrial to increased water temperature that is these two studies represent a small influence is strong, and in the leeward acting or will act on T. derasa to the sample of T. derasa abundance in islands (yasawas) where sheltered oceanic extent that the petitioned action may be Indonesian waters. lagoons are generally wanting. In 1984–85, warranted. Hardy and Hardy (1969) did a seminal there were still abundant populations on various reefs in the windward (Lau, Conclusion study of ecology of Tridacna in Palau in Lomaiviti) islands, but subsequent the 1960s where T. derasa and T. gigas commercial harvest has considerably reduced In conclusion, the information made up the largest proportion of the these numbers. Isolated pockets still remain provided on threats for this species is standing crop biomass because of their and should be protected. Densities on limited and by itself would not be size. Hester and Jones (1974) recorded inhabited windward islands generally low, considered substantial information densities of 50 T. gigas and 33 T. derasa with remaining individuals in deeper water indicating the petitioned action may be per hectare at Helen Reef, Palau; the (10 m plus). Further commercial harvests for warranted. The individual studies petition notes that this study was export should be prohibited. presented are not compelling evidence conducted before these stocks were According to CITES documents, of species level concerns for reasons ‘‘totally decimated by distant-water commercial harvest for export is now discussed above, however, taken fishing vessels,’’ but provides no prohibited in Fiji and the fisheries together they provide sufficient information or references to document department cultures clams, including T. evidence such that further investigation this ‘‘decimation.’’ derasa, for restocking programs. Wild is warranted. The evidence presented of While individually and collectively, populations have been improving; small, localized populations or the studies discussed in this section currently reseeding occurs mostly in extirpations in different parts of the represent a small portion of T. derasa’s marine protected areas with 200 sites species range is compelling enough to total geographic range, the small reseeded annually (CITES 2009). conclude that the petitioned action may population sizes and extirpations of this However, challenges remain for be warranted. The best available species in small areas are spread poaching at night. information on all potential threats to throughout its range and are not A 2004 CITES trade review for T. the species will be evaluated in a confined to one or few areas that may derasa indicates that out of 11 countries forthcoming status review to determine be disproportionately affected by some where T. derasa is traded, one was what has potentially caused the negative impact. Therefore, the number assessed as ‘‘Urgent Concern’’ (Tonga), observed declines and extirpations, and and spatial distribution of small two as ‘‘Possible Concern,’’ and the the extent to which such declines have populations or local extirpations in the remaining eight as ‘‘Least Concern.’’ The occurred.

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Tridacna gigas life history information for T. gigas. The example, Klumpp et al. (1992) showed petition cited Braley (1988), who found that T. gigas is an efficient filter-feeder Species Description that the optimal reproductive season for and that carbon derived from filter- Tridacna gigas is the largest of all the T. gigas sampled from Michaelmas Cay feeding in Great Barrier Reef waters giant clam species, growing to a and Myrmidon Reef in Australia was supplies substantial proportions of the maximum shell length of 137 cm, with October to February. Munro (1992) total carbon needed for respiration and weights in excess of 200 kg. However, noted that spawning of T. gigas is growth. the species is most commonly found at restricted to a short summer season in Range, Habitat, and Distribution lengths up to 80 cm (Neo et al., 2015; the central region of the Great Barrier Kinch and Teitelbam 2009). The shell Reef. For T. gigas, von Bertalanffy Prior to the rapid escalation of the exterior is off-white and is often growth parameter estimates include an aquarium trade, T. gigas could be found strongly encrusted with marine growths. asymptotic length (L∞) of 80 cm, growth throughout the shallow tropical waters The shell interior is porcellaneous coefficient (K) of 0.105, and a theoretical of the Indian and Pacific oceans; white, and the mantle is yellowish date of ‘birth’ (t0) of 0.145 (Neo et al., however, the recent fossil record, brown to olive green, with numerous, 2015). According to Branstetter (1990), together with historical accounts show small, brilliant blue-green rings, growth coefficients (K) falling in the that the range of T. gigas has been particularly along the lateral edges range of 0.05–0.10/yr are for slow- dramatically reduced (see the (Kinch and Teitelbaum 2009). This growing species; 0.1–0.2 for a moderate- Population Status and Abundance species may be readily identified by its growing species; and 0.2–0.5 for a fast- Trends section below; Munro 1992; bin size and by the elongate, triangular growing species. Under these Othman et al., 2010). The species’ range projections of the upper margins of the parameters, the giant clam T. gigas is once extended from East Africa to shells (Lucas 1988). considered a moderate-growing species. Micronesia and Australia to Japan. Like However, the petition notes that there other giant clam species, T. gigas is Life History are major differences between typical typically associated with coral reefs and In addition to the Life History section non-symbiotic bivalves and T. gigas can be found in many habitats, whether above on giant clams in general, the regarding the relative allocations of high- or low-islands, lagoons or fringing petition provided some species-specific energy to respiration and growth. For reefs (Munro 1992).

Population Status and Abundance reports that while relict stocks of T. more recent survey from Indonesian Trends gigas occur in Indonesian, Malaysian, waters, T. gigas was surprisingly found and Philippines waters and possibly on in Ohoimas, where it was previously The petition does not provide overall the west coast of Thailand and in believed to be extinct (Hernawan 2010). estimates of population abundance or southern Burma, in most cases it However, only four individuals were trends for T. gigas. The petition does appears that these stocks are found in only one of nine sites provide several lines of evidence that T. functionally extinct because of the wide surveyed. Additionally, several sources gigas has experienced a number of local dispersal of the survivors, making (Munro 1992; Teitelbaum and Friedman extirpations in various locations throughout its range. Munro (1992) successful fertilization unlikely. In a 2008; Kinch and Teitelbaum 2009) note

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local extirpations of T. gigas have (Larson 2016). The petition also raises hues of orange, yellow, or pink to occurred in the Commonwealth of the concerns that stricter enforcement of the mauve, and with the blade-like scales Northern Mariana Islands, Federated trade in ivory products has diverted commonly of different shades or color’’ States of Micronesia (Yap, Chuuk, attention to giant clam shells (McManus (Kinch and Teitelbaum 2009). The shell Pohnpei, and Kosrae), Fiji, Guam, New 2016). The petition points out that the interior is porcelaneous white, Caledonia, Taiwan, Ryuku Islands giant clam (T. gigas) is preferentially occasionally tinged with orange, and the (Japan), and Vanuatu. Neo and Todd targeted for international trade due to its mantle is mottled in various mixes of (2012a, 2013) report that T. gigas is also large size and because it is considered green, blue, brown, orange, and yellow nationally extinct in Singapore. In a desirable luxury item in China thought (Kinch and Teitelbaum 2009). Australia, the T. gigas population from to confer supernatural powers and the Great Barrier Reef is essentially a improve health. As noted previously, a Life History pair of high quality shells (from one relict population, consisting primarily Aside from the general giant clam life individual) can fetch up to US $150,000. of large adult clams; the lack of younger, history information already discussed Therefore, the high value and demand faster-growing T. gigas clams is likely previously in the Giant Clam Life for large T. gigas shells may be a driving the reason for the species’ low annual History section, the petition provided production of new biomass (Neo et al., factor contributing to overutilization of the species. little information specific to T. 2015). Further, Kinch and Teitelbaum squamosa. Tridacna squamosa is a (2009) also report declining stocks of T. Conclusion mixotroph whose photoautotrophic gigas across the three main island Overall, we conclude that the range is extended by heterotrophy. We groups in Kiribati. found that T. squamosa reaches sexual Thus, while quantitative abundance information presented in the petition maturity at sizes of 6 to 16 cm, which estimates are unavailable for T. gigas and our files provides substantial equates to a first year of maturity at throughout its range, the numerous local evidence that the petitioned action for approximately 4 years old (CITES extirpations of T. gigas documented T. gigas may be warranted. This species 2004a). across a large portion of its range may has likely experienced significant be contributing to an elevated extinction population declines and local Range, Habitat, and Distribution risk for this species such that it warrants extirpations in several locations further investigation. throughout its range, likely due to Tridacna squamosa has a widespread historical and ongoing overutilization distribution across the Indo-Pacific, but Threats to T. gigas for commercial purposes and further is slightly more restricted than T. As noted previously, giant clams in investigation is warranted. The best maxima (Munro 1992). Its range extends general are considered a valuable available information on its overall from the Red Sea and East African coast fishery target in many countries, with status and all potential threats to the across the Indo-Pacific to the Pitcairn uses for both local consumption and species will be evaluated in a Islands. It has also been introduced in commercial trade. Based on information forthcoming status review. Hawaii (CITES 2004a). The species’ in the petition and our files, it is clear Tridacna squamosa range also extends north to southern that T. gigas is the most heavily Japan, and south to Australia and the exploited species of all giant clams, Species Description Great Barrier Reef (bin Othman et al., which has likely led to its substantial Although the petition notes that T. 2010). This range description reflects declines and extirpations in a number of squamosa, also known as the fluted the recent range extension of T. locations throughout its range. As clam, grows to 19 cm based on Neo et squamosa to French Polynesia as a discussed previously in the general al. (2015), we find this information is in result of observations by Gilbert et al. threats section for giant clams, the error. Neo et al. (2015) report shell (2007). The petition notes that T. petition emphasizes the threat of the lengths of up to 40 cm for the species, squamosa occurred in Singapore and growing giant clam industry in China, and information in our files suggests it the United States historically; however, largely the result of improved carving is most commonly found at lengths up there is no supporting reference or techniques, tourism in Hainan, China, to 30 cm (Kinch and Teitelbaum 2009). evidence provided of the species’ the growth in e-commerce, and the The shell exterior is described as occurrence in the United States or its domestic Chinese wholesale market ‘‘greyish white, often with different territories.

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Tridacna squamosa is usually found commercial market landings from the endangered status of T. squamosa in near reefs or on sand; it is found Apia municipal fish market on the Singapore’s waters. Neo and Todd attached by its byssus to the surface of island of Upolu. From 1985 to1990, (2013) make a similar conclusion, coral reefs, usually in moderately annual landings of all giant clams stating that ‘‘the low density and protected areas such as reef moats in dropped from 10 metric tons to 0.1 scattered distribution of the remaining littoral and shallow water to a depth of metric tons and field surveys indicated T. squamosa in Singapore are likely to 20 m (Kinch and Teitelbaum 2009). This that T. squamosa was so rare it was significantly inhibit any natural species tends to prefer fairly sheltered functionally extinct. The authors note recovery of local stocks.’’ However, the lagoon environments next to high that fishing effort also declined around authors specifically make the point that islands; however, T. squamosa appears 35 percent between 1983 and 1991, the status of a species at a small scale to be excluded by T. maxima in the which is considered to be partially (individual country or an island as may closed atoll lagoons of Polynesia (Munro responsible for the declines in landings, be the case for Singapore) is most often 1992). Neo et al. (2009) found that T. although other factors likely contributed not representative of its global status. squamosa larvae, like many reef (e.g., overfishing of inshore stocks, use Any species, especially one with a large invertebrates, prefer substrate with of destructive fishing techniques, etc.). range like T. squamosa, will have crustose coralline algae. Tridacna Information in our files suggests that variable statuses at smaller scales in squamosa is also commonly found this species has been the subject of different habitats due to a variety of amongst branching corals (staghorn, restocking efforts in Samoa. Since 1988, factors. Singapore is a small and densely Acropora spp.; CITES 2004a) T. squamosa has been trans-located populated island nation known for from Palau, Tokelau, and Fiji to restock particularly high anthropogenic impacts Population Status and Abundance populations in Samoa under the in its nearshore waters. The information Trends Samoan Community-based Fisheries in Neo and Todd (2012a 2012b and The petition provides limited some Management program (Kinch and 2013) is informative for resource information regarding the species’ Teitelbaum 2009). managers in Singapore and indicates a population status and trends from In Singapore, Neo and Todd (2012a) very low population and density of T. Singapore, Samoa, and individual sites surveyed 29 reefs, covering an estimated squamosa. However, it is unclear how in Malaysia, Philippines, Indonesia, and 87,515 m2 and observed 28 T. squamosa the current information relates to Thailand. individuals, which was double the historical abundance of this species at The petitioner states that T. squamosa number observed in a 2003 survey of this location. In addition, it is not is functionally extinct in Samoa based only 7 reefs and a little over 9,000 m2 necessarily useful for assessing the on a study from western Samoa (Zann by Guest et al. (2008). However, Neo global status of T. squamosa because and Mulipola 1995). This study relied and Todd (2012a) estimate T. squamosa Singapore is a very small proportion of on a range of low technology methods density to be 0.032 per 100 m2, which the overall species’ range and is not a developed for rapid environmental and is five times lower than the 0.16 per 100 representative environment of the rest of fisheries assessments. Fisheries surveys m2 measured in 2003 (Guest et al., the species’ range. were conducted via interviews and 2008). They go on to propose that The petitioner cites Tan and Yasin surveys of fishermen and households, habitat loss, exploitation, and or (2003), stating that giant clams of all and results were compared with sediment have synergistically led to the species but T. crocea are considered

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endangered in Malaysia. As discussed representative of the species’ status information itself may be considered a previously, the authors of this study across the Philippines as a whole risk to the species. In this case, given mention underwater surveys that reveal (Dolorosa and Schoppe 2005). The that the only information we have that the ‘‘distribution of giant clams are petitioner also cited a stock assessment indicates historical declines, low widespread but their numbers are very conducted in Eastern Visayas, in the population levels, and notably local low.’’ However, there are no references Philippines (Salazar et al., 1999), which extirpations in some locations, we provided by the authors to provide any showed that while T. squamosa are conclude that the information presented more detail or support for this common in the Samar Sea and San in the petition regarding the species’ information, which makes it difficult to Pedro Bay, most of the giant clams abundance and population trends is interpret this information for individual surveyed were in the juvenile stage with compelling enough to warrant further species. The only species-specific no breeders left to repopulate the area. investigation in a forthcoming status information for T. squamosa in this However, the Marine Science Institute review. reference is that it occurs in Malaysian (MSI) at the University of the Threats to T. squamosa waters. Philippines has a long and successful The petitioner cites record of rearing, having cultured giant Given that T. squamosa is a large, Thamrongnavasawat et al. (2001) as clams to restore depleted supplies for free-living species of giant clam, it is saying T. squamosa are now considered the last 20 years. In fact, more than 40 easier to remove from the reef (Neo and ‘‘scarce’’ throughout Thailand. sites have received cultured clams and Todd 2013), which makes it more However, the link provided in the MSI promotes giant clam farming as a susceptible to harvest for local bibliography to access this reference sustainable livelihood with restocking consumption and/or commercial was not functional, and we were activities occurring in collaboration purposes. Some information (albeit otherwise unable to obtain and review with local groups (bin Othman et al., limited) provided by the petition this reference to determine what the 2010). suggests that T. squamosa may be authors meant by ‘‘scarce’’ or on what As discussed previously, the petition overexploited in some locations. As evidence this statement was based. also broadly states that all six giant clam discussed earlier in the Population However, the petitioner provides other species occurring in Indonesia, Status and Abundance Trends section studies from Thailand indicating that including T. squamosa, are for T. squamosa, estimates of the species has likely undergone experiencing recruitment failure based exploitation rates from the Sulu significant declines in this area. For on a single study from Kei Kecil, Archipelago and Southern Palawan example, Chantrapornsyl et al. (1996) Southeast-Maluku, Indonesia areas of the Philippines from 1978 to documented heavy exploitation and (Hernawan 2010). Hernawan (2010) 1985 indicate that populations of T. local extirpation of T. squamosa in the conducted giant clam surveys in 9 sites; squamosa were overexploited. Andaman Sea. Kittiwattanawong (1997) however, Indonesia encompasses Information in our files indicates that also concluded that T. squamosa was thousands of islands and T. squamosa T. squamosa is important in the rare in the same area. Tridacna occurs in several other locations subsistence fishery of Papua New squamosa was also deemed ‘‘near throughout Indonesia (Hernawan 2010). Guinea. A commercial fishery for giant extinct’’ in Mo Ko Surin National Park Thus, this study represents a very small clams previously operated in the Milne in Thailand (Dolorsa and Schoppe sample of T. squamosa abundance in Bay Province, whereby approximately 2005). Indonesian waters, with no evidence 150 tonnes of giant clam adductor Villanoy et al. (1988) examined provided to suggest that recruitment muscle were exported, as well as one average size frequency distributions of failure of T. squamosa is occurring large shipment of 16 tonnes of giant T. squamosa harvested from the Sulu throughout Indonesia. clam shells. However, this fishery has Archipelago and Southern Palawan Overall, given the extensive range of been closed since 2000 and we could areas in the Philippines from 1978 to T. squamosa, the information provided not find any additional information in 1985, and determined that estimates of in the petition is limited regarding the our files regarding the utilization of T. exploitation rates indicate that population status and abundance trends squamosa in Papua New Guinea. We populations of these species are of the species throughout its range. also found some information regarding overexploited. The petitioner asserts While we acknowledge that in some the reported functional extinction of that these findings have serious locations (primarily Southeast Asia), this species in Samoan waters, and implications given that the Sulu abundance and/or density of T. acknowledge that the significantly low Archipelago and Southern Palawan are squamosa may be low, the petition did density of T. squamosa in Samoa is thought to be the last strongholds of not provide any information regarding largely attributed to overfishing (Kinch giant clams species occurring in the species’ status from a large majority and Teitelbaum 2009); however, as Philippine waters. Dolorosa and of its range. For example, in addition to noted previously, to mitigate low Schoppe (2005) also report that T. countries in Southeast Asia, T. populations, restocking efforts have squamosa had very low densities in squamosa can be found throughout been underway in Samoa since the surveys conducted in Tubbataha Reef Oceania (e.g., Australasia, Melanesia, 1980s, and from 1998 to 2000, Samoa National Marine Park in the Philippines. Micronesia and Polynesia). The species has seen the importation of several giant The authors note that because of the also inhabits coastlines of the Indian clam species, both larvae and species’ low settlement, survival and Ocean and has a relatively cosmopolitan ‘yearlings,’ for restocking purposes growth on live coral substrate, it would distribution in this region (bin Othman under the Samoan Community-based take hundreds of years for the stock to et al., 2010). Thus, no information was Fisheries Management program (Kinch be re-established, particularly in presented in the petition for an entire and Teitelbaum 2009). Nevertheless, we isolated areas. However, the authors two thirds or more of the species’ range cannot confirm whether this restocking also note that the numbers seen at (i.e., Oceania (with the exception of program has been successful for T. Tubbataha Marine Park are significantly Samoa), eastern Africa, and the Indian squamosa. lower than in other areas of the Ocean). However, a lack of information In terms of commercial trade, a Philippines; therefore, the situation in on its own does not mean the action significant trade review was conducted the marine park may not be may not be warranted if the lack of in 2004 for 27 countries that trade in T.

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squamosa to identify potential areas of experienced significant mortality as a Conclusion concern. Of the 27 countries reviewed, result. In a lab experiment using In conclusion, the information 24 were deemed to be of ‘‘least concern’’ cultured clams, short-term temperature provided on threats for this species is for various reasons; the respective increases of 3 °C resulted in T. limited and by itself would not be countries had either not reported any squamosa clams maintaining a high considered substantial information trade, or trade levels were minimal or photosynthetic rate but displaying indicating the petitioned action may be export numbers were low. Two increased respiratory demands (Elfwing warranted. However, combined with the countries (Marshall Islands and Tonga) et al., 2001). Finally, Watson et al. evidence presented of small, localized were deemed to be of ‘‘possible (2012) showed that a combination of populations or extirpations in different concern’’ and only one country increased ocean CO2 and temperature parts of the species’ range, we conclude (Vietnam) was categorized as ‘‘urgent are likely to reduce the survival of T. the information presented in the concern.’’ These designations were squamosa. Specifically, in a lab petition is compelling enough to made largely because trade of the experiment, T. squamosa juvenile conclude that the petitioned action may species continues despite export bans or survival rates decreased by up to 80 be warranted. Therefore, we conclude because, in the case of Vietnam, percent with increasing pCO2 and that the number and spatial distribution significant trade was occurring (e.g., of localized severe declines or 74,579 live T. squamosa clams were decreased with increasing seawater temperature for a range of temperatures extirpations in the context of the exported from 1994 to 2003) with a lack species’ range may be contributing to an and pCO2 combinations that mimic of information on population elevated extinction risk for this species monitoring or the basis for non- those expected in the next 50 to 100 years. such that it warrants further detriment findings under CITES. investigation. Thus, the best available Additionally, in the case of the Marshall We acknowledge these results, but information on overall status and Islands, where trade seems to continue they are not easily interpreted into potential threats to the species will be despite export bans, the review also potential species level effects over time evaluated in a forthcoming status review notes that several small-scale operations and/or space for T. squamosa. First, the to determine what has potentially were producing farmed (i.e., captive- clams used in the experiments were caused these declines and extirpations bred) T. squamosa in the 1990s for the cultured and not harvested from the and the overall extinction risk for the aquarium trade and for reseeding wild. Cultured specimens are likely to species. depleted areas, and that records of trade experience much more uniform Tridacna tevoroa in wild rather than captive-bred environments and are likely not specimens may be a result of acclimated to the common daily Species description misreporting by importing parties fluctuations in many environmental (CITES 2004a). Based on the Tridacna tevoroa is another recently parameters experienced in the wild. As information presented in the petition described species that has been shown and in our files summarized here, we such, they may react differently than to actually be a junior synonym of a cannot conclude that there is sufficient wild specimens to abrupt changes in previously described species, T. evidence to suggest that trade of T. their environment. Additionally, mbalavauna (Borsa et al., 2015a). The squamosa is an operative threat that acts information and references in our files petition notes that T. tevoroa looks most or has acted on the species to the point acknowledge that there are limitations like T. derasa in appearance, but can be that the petitioned action may be associated with applying results from distinguished by its rugose mantle, warranted. laboratory studies to the complex prominent guard tentacles present on Overall, the species-specific natural environment where impacts will the incurrent siphon, thinner valves, information in the petition and in our be experienced gradually over the next and colored patches on shell ribbing files to support the claim that T. century at various magnitudes in a non- (Neo et al., 2015). T. tevoroa has an off- squamosa is experiencing uniform spatial pattern. In general, lab white shell exterior, often partially overutilization to the point that the experiments presented do not reflect the encrusted with marine growths. The petitioned action may be warranted is conditions the petitioned species will shell interior is porcellaneous white, limited, particularly given the broad experience in nature; instead of with a yellowish brown mantle (Kinch geographic range of the species. While experiencing changes in levels of ocean and Teitelbaum 2009). It can grow to there are anecdotal claims in several of warming and acidification predicted for just over 50 cm long (Neo et al., 2015). the references that are discussed above the end of the century within a single Life History that low population levels at certain generation, species in nature are likely Aside from what has already been study sites are due to harvest (i.e., to experience gradual increases over Teitelbaum and Friedman 2008, Tan discussed in terms of life history many generations. However, we information for giant clams in general and Yasin 2003, and Hernawan 2010), recognize that because giant clam none of those studies provide empirical (refer back to the Giant Clam Life species are likely long-lived, they likely evidence of declining trends. History section above), the petition did In addition to overutilization, the have longer generation times, and thus, not describe any species-specific life petitioner also claims that T. squamosa giant clams born today could potentially history information for T. tevoroa. is at risk of extinction due to climate live long enough to experience oceanic However, in one of the references cited change-related threats, including ocean conditions predicted late this century by the petitioner we found some warming and acidification. In (Watson et al., 2012). Overall, the additional information related to Singapore, local bleaching of T. information regarding negative species- spawning of T. tevoroa clams. During a squamosa was observed during a high specific impacts from climate change to study of spawning and larval culture of sea surface temperature event in June T. squamosa is limited; however, we T. tevoroa (Ledua et al., 1993), 2010 (Neo and Todd 2013); however, no will thoroughly review climate change successful spawning of T. tevoroa at the other information was provided related threats and their potential Tonga Fisheries Department in late regarding the extent of bleaching that impacts to T. squamosa in a October 1991 indicates that this species occurred nor whether the species forthcoming status review. has a breeding season that may be

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similar to that of T. derasa. Ledua et al. while there is evidence from hatchery of New Caledonia as well (Kinch and (1993) describe that the breeding season spawnings at lower latitudes (Palau, Tietelbam 2009). Tridacna tevoroa can of T. derasa on the Great Barrier Reef in 7°N) that T. derasa has an almost full typically be found on sand in coral reef Australia is from late winter-early year breeding season (Heslinga et al., areas. In Fiji, T. tevoroa live along outer spring to early summer and virtually all 1984 cited in Ledua et al., 1993). slopes of leeward reefs, in very clear, individuals are spent by mid-December. oceanic water at 9–33 m depth (Ledua Range, Habitat, and Distribution In Fiji, the breeding program for this et al., 1993). Based on the distribution species is from July to October and in Tridacna tevoroa appears to have a of adults in Fiji and Tonga, it appears Tonga from September to late November restricted distribution. Although the that juveniles settle on slopes of off- (Ledua et al., 1993). It must be noted petition says that T. tevoroa is restricted shore reefs in deep (down to 33 m) that the examples of the breeding season to Tonga and Fiji, information in our oceanic waters. However, juvenile T. of T. derasa given here are from higher files indicates that this species was tevoroa have never been found in nature latitudes within the tropics (17°-21°S), recently observed in the Loyalty Islands (Klump and Lucas 1994).

Tridacna tevoroa has a unique depth ‘‘Many of the clams found in Tonga twice and other smaller clumps were distribution among the giant clam were adjacent to the edge of a sand seen in Tonga, which could represent species; it is the only species to occur patch and cradled against rocky small breeding groups for this species in depths below 20 m. In order to better outcrops, rubble or bare rock with steep (Ledua et al., 1993). Given the large understand how T. tevoroa survives in slopes.’’ During the SCUBA search in areas of suitable reefs and shoals with deeper waters, Klumpp and Lucas February 1992 in Ha’apai (Tonga), two typical habitat for T. tevoroa, Ha’apai, (1994) compared nutrition of T. tevoroa of the authors notably found a Tonga may be the center of distribution with T. derasa in Tonga, where rates of considerable number of T. tevoroa on and largest repository of this newly- filter-feeding, respiration and the live coral (whereas in Fiji, these clams described species (Ledua et al., 1993). photosynthesis-irradiance response have not been found on live coral, were measured in clams of a wide size possibly because little live coral was Population Status and Abundance range (ca 20 mm to ca 500 mm). Only found at this depth in the Lau Islands Trends T. tevoroa significantly increased its group). About half of the clams in Tonga The petition provides only one photosynthetic efficiency with were found on the leeward and half on reference for T. tevoroa with regard to increasing depth. In a study on the windward side of reefs. However, its population status or abundance spawning and larval culture of T. windward sides of reefs were still trends. Ledua et al. (1993) describes T. tevoroa clams, individuals were somewhat protected within barrier tevoroa as a rare species and notes that collected from waters of Fiji and Tonga islands or reefs, and no search has yet few specimens have been found live in (Ledua et al., 1993). The mean depth of been made on outer windward reefs Fiji, and only recently larger numbers of clams collected in Fiji was 27.4 m, with (Ledua et al., 1993). Overall, spatial this species have been found in Tongan samples collected from depths ranging distribution of T. tevoroa appears to be waters. Anecdotal reports from one from 20 to 33 m. All specimens were very sparse, with single individuals diver from Uiha Island, Ha’apai, Tonga found on the leeward side of reefs and being found at most locations, although note that the species was historically islands. Ledua et al., (1993) notes that: clumps of four individuals were seen more abundant in shallow waters during

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the 1940s (Ledua et al., 1993). Based on species, particularly given the lack of brightly colored and variable in both this limited information, the petitioner information from Fiji and New pattern and color, including shades of speculates that T. tevoroa has declined Caledonia; however, given that Ha’apai green, blue, purple, brown, and orange significantly in accessible waters and Tonga is likely the center of distribution (Kinch and Teitelbaum 2009). states that the species’ current and largest repository for this particular Life History abundance is likely lower than species, we find that this information, historical levels. However, the combined with the species’ rarity The petition provided some species- petitioner did not provide any throughout its range, may be specific information regarding T. additional references or supporting contributing to an elevated risk of crocea’s life history. The petition noted information to substantiate the claim extinction for this species. that spawning of T. crocea in the central regarding the species’ current region of the Great Barrier Reef is Conclusion population status. The petitioner also thought to be restricted to a short provided no additional information In conclusion, the information summer season (Munro 1992), and T. regarding the species’ population status provided on threats for this species is crocea has been observed spawning or abundance trends from other portions limited and by itself would not be during July in Palau (Hardy and Hardy of its range (i.e., Fiji or New Caledonia). considered substantial information 1969). In a detailed study of early life Nonetheless, given that the species is indicating the petitioned action may be history in Guam, fertilized eggs of T. described as rare, has one of the most warranted. Anecdotal evidence from crocea had a mean diameter of 93.1mm restricted ranges of the giant clam one location of a species’ range would (Jameson 1976). This same study noted species, and has likely undergone some generally not be compelling evidence of that settlement of T. crocea larvae level of population decline in its species level concerns throughout its occurred approximately 12 days after potential center of distribution (i.e., range for reasons discussed above. fertilization. Tonga), we find this information may However, the combined evidence on the We found a limited amount of indicate an elevated extinction risk for species’ restricted range, sparse additional information in our files on this species, and is compelling enough distribution and rarity, and anecdotal the life history of this species. Tridacna to warrant further investigation. evidence of population decline in the crocea has the smallest size for adult center of the species’ distribution, is giant clams and reaches full sexual Threats to Tridacna tevoroa compelling enough to conclude that the maturity (hermaphroditism) at Very little species-specific petitioned action may be warranted. The approximately 5 to 6 years of age. With information on threats is presented in best available information on its overall reports that T. crocea individuals of the petition for T. tevoroa. Aside from status and all potential threats to the approximately 8 to 9 cm shell length what has already been discussed species will be evaluated in a produce 3 to 4 million eggs (Tisdell regarding the threat of overutilization of forthcoming status review. 1994), this species has extremely high giant clams in general (refer back to the Tridacna crocea fecundity. As such, even with relatively Threats to Giant Clams section above), high mortality rates, tridacnid the petition provides very limited Species description populations like T. crocea can be species-specific information regarding Tridacna crocea is the smallest rapidly increased by artificial breeding overutilization of T. tevoroa for species of giant clam, reaching only 15 and culture programs (Tisdell 1994). commercial, recreational, scientific, or cm (Neo et al., 2015; Copland and Lucas Range, Habitat, and Distribution educational purposes. As noted 1988). The species is similar to T. previously in the Abundance and maxima but smaller, less asymmetrical Tridacna crocea has a large range, Population Trends section, anecdotal and with its scutes worn away except with distribution ranging from southern reports from one diver from Uiha Island, near the upper edge of the shell Japan to Australia, but not extending Ha’apai, Tonga note that the species was (Copland and Lucas 1988). The shell eastward into Oceana beyond Palau and historically more abundant in shallow exterior is: ‘‘greyish white, often the Solomon Islands (Munro 1992). The waters during the 1940s. Evidence of covered with yellow or pinkish orange petition provides information on this former greater abundance and and frequently encrusted with marine species from Singapore, Malaysia, distribution in shallow water in Ha’apai growths near the dorsal margins of Philippines, Indonesia, Thailand, and may indicate that fishing pressure has valves, but clean and nearly smooth Palau. We also found additional likely contributed to the rarity of this ventrally’’ (Kinch and Teitelbaum 2009). information in our files for T. crocea species (Ledua et al., 1993). This is The shell interior is porcellaneous from Australia, Solomon Islands, extremely limited information to suggest white, sometimes with yellow to orange Vanuatu, New Caledonia, Papua New that overutilization is a threat to the hues on margins. The mantle is often Guinea, and Tonga.

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Tridacna crocea is unusual among Philippines, Indonesia, Thailand, and abundance of this species at this other giant clam species in that it Palau. The petitioner cites Neo and location. In addition, it is not burrows deeply in coral masses of reef Todd (2012; 2013) to assert that T. necessarily useful for assessing the flats and coral heads (with the free valve crocea is likely functionally extinct in global status of T. crocea because margins nearly flush with the substrate Singapore, as the species is Singapore is a very small proportion of surface) in shallow water to a depth of reproductively isolated and unlikely to the overall species’ range and is not a about 20 m (when the water is clear; fertilize conspecifics. In the most recent representative environment of the rest of Copland and Lucas 1988; Kinch and status reassessment of giant clams, Neo the species’ range. Teitelbaum 2009; Neo et al., 2015). et al. (2013) note that T. crocea surveys The petition also asserts that T. crocea According to Hamner and Jones (1974), in Singapore from 2009/2010 put their has declined by 94 percent in the T. crocea burrows as it grows, eroding density at a low 0.035 per 100 m2, but Tubbataha Reef Park in the Philippines the surfaces of coral boulders and emphasize that abundance estimates for since the early 1990s based on a decline producing structures that superficially this species may be conservative as its from 2,200,000 clams/km2 in 1993 resemble micro-atolls. In a study burrowing behavior and cryptic (Calumpong and Cadiz 1993) to 133,330 conducted in Indonesia, T. crocea coloration can lead to underestimates of clams/km2 in 2005 (Dolorosa and individuals were mostly embedded in abundance. Nonetheless, the species’ Schoppe 2005). It should be noted that dead coral boulders covered by algae (82 population is considered to be small in these numbers were derived from percent), with a few living in Porites Singapore, resulting in an endangered transects taken within the ‘‘intertidal spp., coral rubble, and live coral status locally. However, the authors area’’ of the park. Dolorosa and Schoppe substrate (only 1 percent; Hernawan specifically make the point that the (2005) characterized T. crocea as the 2010). This species remains attached to status of a species at a small scale most abundant and dense giant clam the substrate throughout its life (individual country or an island as may species in the study area, with 133,330 (Copland and Lucas 1988). The species be the case for Singapore) is not individuals per km2 in the intertidal also appears to aggregate, though the necessarily representative of its global area, and averaging 30,480 individuals mechanism is unclear. Aggregation (i.e., status. Any species, especially one with per km2 in the shallow area (5 m). clumping) may enhance physical a large range like T. crocea, will have Dolorosa and Schoppe (2005) also noted stabilization, facilitate reproduction, or variable statuses at smaller scales in that the much lower density observed in provide protection from predators (Soo different habitats due to a variety of their study (as compared to the previous and Todd 2014). factors. Singapore is a small and densely study by Calumpong and Cadiz (1993)) populated island nation known for in the intertidal area is not enough to Population Status and Abundance particularly high anthropogenic impacts conclude that there is a continuous Trends in its nearshore waters. The information decline of tridacnids (including T. The petition does not provide overall in Neo and Todd (2012a 2012b and crocea) because the data were only estimates of population abundance or 2013) is informative for resource taken from a single transect. Thus, their trends for T. crocea. The petition does managers in Singapore and indicates a study is not likely representative of the provide limited pieces of information very low population and density of T. entire intertidal area, let alone the entire regarding the species’ population status crocea. However, it is unclear how the Tubbataha Reef Park. Therefore, the and trends from Singapore, Malaysia, current information relates to historical petition’s inference of a 94 percent

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decline in T. crocea abundance in are generally regarded as declining, crocea specifically, means that we Tubbataha Reef Park based on a single improvements have been noted in cannot find that this information transect is not supported. Additionally, specific localities (Kinch and Teitelbam reasonably suggests that habitat Rubec et al. (2001) characterizes T. 2009); however, we could find no destruction is an operative threat that crocea as one of the most abundant additional information specific to T. acts or has acted on the species to the giant clam species across the crocea. In a 2004 CITES assessment of point that the petitioned action may be Philippines. international trade of the species, T. warranted. The petition also broadly states that crocea was described in general as ‘‘still Factor B: Overutilization for all six giant clam species occurring in reasonably abundant’’ (CITES 2004b). Indonesia, including T. crocea, are Commercial, Recreational, Scientific, or Overall, the information regarding T. Educational Purposes experiencing recruitment failure based crocea’s population status and on one study from Kei Kecil, Southeast- abundance trends throughout its range The petition contends that T. crocea Maluku (Hernawan 2010). Hernawan is extremely limited, with most warrants listing as a result of (2010) conducted giant clam surveys in characterizations of this species’ overutilization for commercial nine sites throughout Kei Kecil waters. abundance being qualitative. purposes, but only notes three locations Results showed T. crocea to be the Nonetheless, it appears, based on the in which overfishing of T. crocea is dominant species with the highest information presented in the petition reportedly occurring (Fiji, Japan, and population density in each of the nine and in our files, that T. crocea is often Vietnam) based on bin Othman et al. study sites. Similar results have been the dominant giant clam species (2010). In a market evaluation documented in other areas of Indonesia, wherever it occurs, has some of the conducted in the mid-1990s in Japan, T. including the Andaman Sea, Upanoi highest population densities of any crocea was considered a preferred and Banchungmanee, Adang Islands species, and is the only species of giant species for use as sashimi and sushi and Seribu Islands, Raja Ampat clam with a stable population in dishes in Okinawa; in contrast, giant (Hernawan 2010) and Pari Island (Eliata Malaysia. Although information clams were unknown as a food source et al., 2003). Additionally, Indonesia is suggests T. crocea likely experienced a in mainland Japan. From 1975 to 1995, comprised of thousands of islands; thus, localized abundance decline in giant clam catches in Okinawa, Japan the Hernawan (2010) study cited by the Okinawa, Japan, which represents a declined from 578 tons to 28 tons, likely petitioner represents a very small very small portion of the species’ range, due to stock depletion (Okada 1998). sample of T. crocea abundance in we could not otherwise find any Given that T. crocea comprises Indonesian waters, with no evidence information to indicate that the species’ approximately 90 percent of the giant provided to suggest that recruitment overall abundance or density is so low clams landed in Okinawa, it is likely failure of T. crocea is occurring or declining so significantly that the that the species experienced historical throughout Indonesia. Hernawan (2010) petitioned action is warranted. Thus, we overfishing in this location. Although overfishing of T. crocea may have also noted that due to T. crocea’s small find the petition insufficient in terms of occurred historically in Okinawa size and burrowing behavior, fishermen presenting substantial information that waters, mass seed culture and find this particular species more T. crocea’s population status or production of T. crocea have been difficult and less desirable to harvest. abundance trends indicate that the undertaken in Japan to ensure natural Thus, this species is not the main target petitioned action may be warranted. for Indonesian fishermen, leading to it stock enhancement, with 44,000– having the highest relative population Threats to Tridacna crocea 459,000 seeds of T. crocea distributed to density throughout the study area Factor A: Present or Threatened the fishermen’s cooperatives annually (Hernawan 2010). Destruction Modification, or from 1987 to 1995 for release into Finally, the petition notes that T. Curtailment of Range Okinawa waters (Okada 1998). Survival crocea was the only giant clam with a of clams ranged up to 56 percent 3 years stable population in Malaysia and not The petition asserts that all species of after release (Teitelbaum and Friedman considered ‘‘endangered’’ by the early giant clam, including T. crocea, are at 2008). Without any data since 1995, it 2000s and that the species was still risk of extinction throughout their is difficult to determine whether this abundant in Thailand’s Mo Ko Surin ranges due to the threat of habitat fishery is ongoing, the success rate of National Park in the late 1990s (Tan and destruction, largely as a result of threats the local restocking efforts, or the Yasin 2003; Thamrongnavasawat 2001). related to climate change and coral reef current status of T. crocea stocks in Additionally, Hardy and Hardy (1969) habitat degradation. However, the Okinawa. Nonetheless, Okinawa, Japan described T. crocea as the most frequent petition does not provide any species- represents a very small portion of the and abundant giant clam species in specific information with regard to how species’ overall range and it appears Palau in the 1960s. No additional habitat destruction is negatively Japan has implemented some information could be found in the impacting T. crocea populations. As regulations and conservation efforts to petition or in our files pertaining to described previously, T. crocea does not help safeguard giant clam populations more recent trends for T. crocea in these appear to have an obligate relationship from overfishing. locations to indicate low abundance or to a pristine, live coral reef habitat. In Aside from Japan, no other declining population trends. fact, T. crocea has been observed in a information or data is provided in the In our own files, we found that T. number of habitat types, including dead petition from Fiji or Vietnam to support crocea is one of the most abundant coral rubble covered in algae. Thus, and the broad statement that overfishing of species of giant clam in New Caledonia as noted previously, while the T. crocea is occurring in those locations, (Kinch and Teitelbaum 2009). In Papua information in the petition is otherwise although we did find some trade data to New Guinea, information on stock largely accurate and suggests concern indicate that T. crocea is subject to status is limited with the exception of for the status of coral reef habitat commercial trade in these areas (CITES Milne Bay, where T. crocea was also generally, its broadness, generality, and 2004b). From 1994 to 2003, exports of considered the most abundant species. speculative nature, and the lack of T. crocea were recorded for 24 countries T. crocea is also found in Vanuatu, reasonable connections between the and territories. However, only ten of the where, although all stocks of giant clam threats discussed and the status of T. 24 countries were selected for a

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significant CITES trade review, of which burrowing behavior, as these Factor C: Disease or Predation only two were categorized as ‘‘possible characteristics make it more difficult for The petition did not provide any concern’’ (Fiji and Vanuatu) and only fishermen to harvest the species. For species-specific information regarding one country (Vietnam) was categorized example, Hester and Jones (1974) noted how diseases may be affecting T. crocea as ‘‘urgent concern.’’ The remaining that T. crocea was the only giant clam populations throughout its range. In countries were described as having no species that did not likely have fact, none of the information provided or minimal trade, and consequently commercial value in Palau, and that the in the petition discusses diseases or designated as ‘‘least concern.’’ Of the 16 species is seldom utilized for any parasites affecting T. crocea, countries not selected for review and purpose. bin Othman et al. (2010) also specifically. We could also not find any recording exports, only the Solomon generally characterize T. crocea as additional information in our files Islands appeared to be trading in ‘‘more difficult and less economical to regarding the threats of disease or significant quantities (CITES 2004b). harvest’’ because this species burrows predation to T. crocea. Therefore, we In Fiji, T. crocea is not recorded as into substrates and is relatively small. In naturally occurring but it has been conclude that the petition does not New Caledonia, T. crocea is not listed reported as ‘‘introduced.’’ Between 1997 provide substantial information that among the preferably harvested species and 2000, significant quantities of T. disease or predation is an operative there (Kinch and Teitelbaum 2009). As crocea imports (∼15,000 live specimens) threat that acts or has acted on the were reported from Fiji, of which two- previously discussed in the Population species to the point that the petitioned thirds were reported as being of wild Status and Trends section above, action may be warranted. Hernawan (2010) attributed T. crocea’s origin. Reported imports from captive Factor D: Inadequacy of Existing relatively high population densities in bred sources have virtually ceased since Regulatory Mechanisms 2000, and those from wild sources have survey sites in Indonesia to the fact that The petition did not present species- declined significantly. However, the Indonesian fishermen do not target this specific information regarding CITES review regarding trade of T. species because of its small size and inadequate regulatory mechanisms for crocea in Fiji concluded that: ‘‘Without burrowing behavior. This echoes the T. crocea. As discussed above, the information on the status of introduced general characterization of commercial petitioner notes that there are some laws stocks and harvest levels for domestic utilization of this species by bin consumption, it is not possible to assess Othman et al. (2010). Finally, Dolorosa for giant clams on the books in certain whether or not current export levels are and Shoppe (2005) note that ‘‘T. crocea locations, but only discusses regulations detrimental to the species’ survival in is little if at all exploited’’ in the from the Philippines and Malaysia and Fiji’’ (CITES 2004b). Philippines. illegal clam poaching in disputed areas of the South China Sea. These areas In Vietnam between 1998 and 2003, Overall, most of the information gross live exports of wild-sourced T. represent a small portion of the range of provided in the petition and in our files T. crocea. We found additional crocea peaked at 61,674 specimens in suggest that overutilization is not likely 2001 and otherwise ranged between regulations in our files regarding the a significant threat to T. crocea because harvest of giant clams, including T. 35,000 and 46,000. Since 2001, much its small shell is not economically lower levels, albeit still substantial (i.e., crocea, in several countries. Numerous desirable and its burrowing behavior PICTs and Australia implement size from 2,500 to 7,500 specimens annually) makes it more difficult to harvest of live T. crocea reported as captive- limits, bag limits, bans on commercial relative to other species of clams that harvest, bans on night light harvest, bred have been exported. The ‘‘Urgent are much larger in size and more easily Concern’’ designation was given to promotion of aquaculture, and accessible to fishermen. While it is clear Vietnam because of the large quantities community-based cultural management that T. crocea fulfills a local market reported as exports from the wild during systems for giant clams (more detail niche and may have experienced the review period and because of a lack provided above; Chambers 2007; Kinch historical overharvest in Okinawa, of information on stocks and and Teitelbaum 2009). For T. crocea Japan, this location represents a very management activities (CITES 2004b). specifically, state-set and self-imposed However, the review did not make any small portion of the species’ overall regulations prevail in the fishing areas conclusions as to the status of T. crocea range, and we have no additional throughout Japan to protect the giant in Vietnam or whether trade was information to suggest that this level of clam stock (Okada 1997). causing negative population level utilization is occurring elsewhere, such In terms of trade regulations, the effects. that the petitioned action may be discussion in the petition was not Overall, while it appears that some warranted. Additionally, it appears that species-specific. Additionally, we countries have traded T. crocea in reseeding efforts and fishing regulations determined above in the Overutilization potentially significant quantities, we have been implemented in Japan to help for Commercial, Recreational, Scientific, could not find any information to safeguard giant clam populations, or Educational Purposes section for T. suggest that these quantities are including T. crocea, from overfishing. crocea, that international trade is not an contributing to the overutilization of the Further, the available trade data for T. operative threat that acts or has acted on species, such that the petitioned action crocea does not indicate that the species to the point that the may be warranted. Therefore, we international trade is causing negative petitioned action may be warranted. conclude that the available information population level effects to the species to With regard to regulations of presented in the petition and in our files the point that the petitioned action may greenhouse gas emissions, the does not constitute substantial be warranted. Therefore, we conclude discussion in the petition was also not information that international trade is a that the information in the petition and species-specific. The petitioner did not significant threat posing an extinction in our files does not constitute provide species-specific information risk to T. crocea throughout its range. substantial information that regarding the negative response to ocean In most locations where information overutilization is an operative threat warming or acidification. In addition, is available, T. crocea does not appear that acts or has acted on the species to the information in the petition, and in to be a highly sought after giant clam the point that the petitioned action may our files, does not indicate that T. species due to its small size and be warranted. crocea may be at risk of extinction that

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is cause for concern due to the loss of dominant in many locations where it is Life History coral reef habitat or the direct effects of found. Given the species’ small size and ocean warming and acidification. This unique burrowing behavior, the The petition presents the majority of is discussed in more detail for T. crocea available information does not indicate life history information for T. maxima specifically above under Factor A and that T. crocea is highly sought after or from Jameson (1976) as cited in Munro below under Factor E. Therefore, we targeted by fishermen in most locations. (1992). This reference studied samples conclude that the petition does not Overall, the information presented in from Guam and reports fecundity (F) of provide substantial information that the petition and our files does not T. maxima as F = 0.00743 L3 (a ripe inadequate regulatory mechanisms indicate that any identified or gonad of a 20 cm specimen would controlling greenhouse gas emissions is unidentified threats may be acting on T. therefore contain about 20 million eggs), an operative threat that acts or has acted crocea to the point that the species may fertilized eggs of T. maxima had a mean on the species to the point that listing warrant listing as threatened or diameter of 104.5 mm, and settlement may be warranted. endangered under the ESA. After occurred 11 days after fertilization at a evaluating the population status and mean shell length of 195.0 mm. Factor E: Other Natural or Manmade threat information presented in the Metamorphosis was basically complete Factors petition and in our files in the context about one day after settlement. Jameson Aside from the information of the species’ overall range, we (1976) also reports that juveniles of T. previously discussed for giant clams in conclude that the petition did not maxima first acquire zooxanthellae after general in the Other Natural or provide substantial information 21 days and juvenile shells show the Manmade Factors section, the petition indicating that the petitioned action first signs of becoming opaque after 47 did not provide any species-specific may be warranted for this species. days. The petition states that male T. maxima in the Cook Islands begin to information regarding how climate Tridacna maxima change related threats, including ocean reach sexual maturity at approximately warming and acidification, are Species Description 6 cm; 50 percent of both males and negatively impacting T. crocea The petition provided very little females were sexually mature at 10 cm populations throughout its range. We information regarding a general and 100 percent were sexually mature at could also not find any additional description of T. maxima. The petition 14 cm and larger. The species was also information in our files regarding these notes that T. maxima has close-set very slow growing and took 5 years to threats to the species. Therefore, we scutes and grows to a maximum size of reach 10 cm in length, 10 years to reach conclude that the information presented 35 cm. We found additional information 15 cm and 15 to 20 years to reach 20 cm in the petition and in our files does not in our files describing this species. and above. Because only 21.5 percent of constitute substantial information that Although maximum shell length is 35 the population were fully sexually other natural or manmade factors, cm, it is commonly found at lengths up mature, the petitioner asserts that including climate change related to 25 cm (Kinch and Teitelbaum 2009). overfishing of this species is likely threats, acts or has acted on the species Tridacna maxima has a grayish-white (Chambers 2007). In Guam and Fiji, T. to the point that the petitioned action shell exterior, often suffused with maxima spawned during the winter may be warranted. yellow or pinkish orange and strongly months (LaBarbera 1975). Findings by encrusted with marine growths. The Jantzen et al. (2008) suggest T. maxima Conclusion shell interior is porcellaneous white, in the Red Sea is a strict functional Based on the foregoing information, sometimes with yellow to orange hues photoautotroph limited by light. we do not agree that the petition on the margins. Tridacna maxima often Range, Habitat, and Distribution provides substantial information to has a brightly colored mantle, variable indicate that the T. crocea may warrant in color and pattern (Kinch and Among members of the subfamily listing as threatened or endangered Teitelbaum 2009), from brilliant to Tridacninae, T. maxima is the most under the ESA. Particularly, in the subdued grayish yellow, bluish green, common and widely distributed species context of the species’ overall range, blackish blue, to purple and brown. in the Indo-Pacific. This species ranges there is no indication that T. crocea has These colors occur medially on the from the Red Sea, Madagascar, and East undergone significant population mantle and are sometimes spotted and Africa to the Tuamotu Archipelago and declines or local extirpations such that streaked with other colors (Su et al., Pitcairn Island in the South Pacific, as the species’ risk of extinction is elevated 2014). The shell of T. maxima usually well as from southern Japan in the north to a point that is cause for concern. In has four to five ribs with round to Lord Howe Island, off the coast of contrast, it is the only clam species that projections on the upper margins (Su et New South Wales, Australia in the is still described as abundant and even al., 2014). south (bin Othman et al., 2010).

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In terms of habitat, T. maxima is a the point that the status of a species at reference is that it occurs in Malaysian reef-top inhabitant, living on the surface a small scale (individual country or an waters. of the reef or sand and is usually seen island as may be the case for Singapore) The petition cites Salazar et al. (1999) with its colored mantle exposed (Su et is not necessarily representative of its who did a stock assessment of T. crocea, al., 2014). This species can be found on global status. Any species, especially T. maxima, T. squamosa and H. reefs, partially embedded in corals in one with a large range like T. maxima, hippopus in the Eastern Visayas of the littoral and shallow water, to a depth of will have variable statuses at smaller Philippines and found most of the 20 m (Kinch and Teitelbaum 2009). In scales in different habitats due to a populations were juveniles with Indonesia, T. maxima was found living variety of factors. Singapore is a small insufficient numbers of breeders to in dead coral rubble covered in algae, and densely populated island nation repopulate the region. As noted Porites corals, and coral rubble known for particularly high previously, this reference was (Hernawan 2010). anthropogenic impacts in its nearshore unavailable for review so it is unclear if waters. The information in Neo and the authors were able to attribute these Population Status and Abundance Todd (2012a 2012b and 2013) is results to environmental changes, Trends informative for resource managers in overharvest, or some other type of For T. maxima specifically, the Singapore and indicates a very low influence. petition provides limited information population and density of T. maxima. As previously discussed in other regarding the species’ population status However, it is unclear how the current species accounts, the petition states that and trends from Singapore and information relates to historical Hernawan (2010) found small individual sites in Malaysia, the abundance of this species at this populations and evidence of Philippines, Indonesia, Thailand, location. In addition, it is not recruitment failure in the six species French Polynesia, and the Cook Islands. necessarily useful for assessing the found during a survey of Kei Kecil, Neo and Todd (2012a) surveyed global status of T. maxima because Southeast-Maluku, Indonesia, including 87,515 m2 in Singapore and did not Singapore is a very small proportion of T. maxima. The author conducted giant observe T. maxima, despite the the overall species’ range and is not a clam surveys in nine sites; however, observation of one individual in a 2003 representative environment of the rest of Indonesia encompasses thousands of survey of a little over 9,000 m2 by Guest the species’ range. islands and T. maxima occurs in other et al. (2008). The authors acknowledge As described in earlier species locations throughout Indonesia that no historical abundance data for T. accounts, the petitioner cites Tan and (Hernawan 2010). Thus, this study maxima in Singapore exist, nor any Yasin (2003), stating giant clams of all represents a very small sample of T. precise information on their species but T. crocea are considered maxima abundance in Indonesian exploitation. They go on to propose that endangered in Malaysia. The authors waters, with no evidence provided to habitat loss, exploitation, and/or mention underwater surveys that reveal suggest that recruitment failure of T. sediment have synergistically led to the that the ‘‘distribution of giant clams are maxima is occurring throughout extirpation of T. maxima in Singapore’s widespread but their numbers are very Indonesia. waters. Neo and Todd (2013) make a low.’’ However, there are no references The petitioner cites similar conclusion stating that T. provided by the authors to provide any Thamrongnavasawat et al. (2001) as maxima is ‘‘probably already more detail or support for this saying T. maxima are now considered functionally extinct (in Singapore) as information, which makes it difficult to ‘‘scarce’’ throughout Thailand; however they are reproductively isolated and interpret this information for individual the link provided in the bibliography to unlikely to fertilise [sic] conspecifics.’’ species. The only species-specific access this reference was not functional, However, the authors specifically make information for T. maxima in this and we were otherwise unable to obtain

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and review this reference to determine such that it needs protection under the habitat degradation. However, the what the authors meant by ‘‘scarce’’ or ESA. As noted above in the Threats to petition does not provide any species- on what evidence this statement was Giant Clams section, there is huge specific information regarding how based. heterogeneity across space and time in habitat destruction is negatively The only references with species- terms of current and future impacts of affecting T. maxima. While the specific information on abundance and climate change on giant clams species. information in the petition is otherwise trends for T. maxima that show The petition cites Chambers (2007) [largely] accurate and suggests concern evidence for their conclusions are from and notes that T. maxima was for the status of coral reef habitat Rose Atoll, two atolls and an island in overharvested in the southern Cook generally, its broadness, generality, and French Polynesia, and Tongareva Islands and the capital was now speculative nature, and the lack of Lagoon in the Cook Islands. Neo and receiving them from the northern part of reasonable connections between the Todd (2012a) reference another study the country, but the specific aim of this threats discussed and the status of T. that reports up to 225 T. maxima study was to assess the size distribution, maxima specifically, means that we individuals per square meter at Rose abundance, and density of T. maxima in cannot find that this information Atoll (Green and Craig 1999). The Tongareva lagoon. The author found reasonably suggests that habitat estimated population size for Rose Atoll variation within the lagoon with higher destruction is an operative threat that (615ha) was approximately 27,800 T. densities occurring in the south, farther acts or has acted on the species to the maxima individuals based on surveys from villages. The overall density point that the petitioned action may be from 1994 to 95. recorded was 0.42 clams per square warranted. In French Polynesia, Gilbert et al. meter, with a total population of 28,066 Factor B: Overutilization for (2006) report that several lagoons in two individuals; however, the author notes archipelagos are characterized by Commercial, Recreational, or Scientific that these numbers were based on Purposes enormous populations of T. maxima. extrapolating over the whole lagoon, all They report densities of 23.6 million of which is not necessarily suitable clam Species-specific information on 2 clams in 4.05 km at Fangatau atoll, 88.3 habitat. The authors suggest that a more overharvest of T. maxima in the petition 2 million clams in 11.46 km at Tatakoko, accurate extrapolation should be based is limited. The petitioner cites Bodoy 2 and 47.5 million in 16.3 km in Tubuai. on the area of available suitable habitat (1984), stating the authors found that At the time of publication, the authors to fully account for areas where T. harvesting decreased the size of T. noted these were the largest giant clam maxima occurs in high numbers. While maxima in Saudi Arabia. However, the densities observed anywhere in the this study indicates some areas of lower authors only surveyed four sites with world. The authors also note that a abundance near population centers (i.e., varying degrees of accessibility and small scale but growing fishery in these harvest pressure), it also reports high found that the harder-to-access sites, as well as deeper depths at all sites, appear areas should be actively managed to numbers and densities of T. maxima at to provide some refuge from collection avoid decimating these pristine stocks. several sites (Chambers 2007). They list several existing management Finally, a CITES trade review of T. as they observed either more or larger clams (or both) there. efforts in French Polynesia including a maxima characterizes the species as still The study by Shelley (1989) discussed minimum shell length for capture, reasonably abundant in some countries, development of clam aquaculture above in the Life History section being ‘‘widespread and abundant’’ in documented likely overfishing of T. capacity, and the establishment of no- Australia, and ‘‘common’’ with stable take areas (Gilbert et al., 2006). The first maxima in the Cook Islands based on a stocks in Vanuatu (CITES 2004c). no-take area dedicated to the very low proportion of mature Overall, the information regarding conservation of T. maxima was individuals in the population. Chambers abundance and population trends for T. implemented in 2004 at Tatakoto Atoll, (2007) notes that T. maxima was maxima is limited, particularly given one of the study areas in French overharvested in the southern Cook the species’ enormous geographic range. Polynesia. Six years after the Gilbert et Islands and the capital was now As noted previously, any species, al. (2006) study, a stock assessment receiving them from the northern part of especially one with a large range like T. survey revealed a dramatic decrease in the country. In the Cook Islands, only maxima, will have variable statuses at the T. maxima population within the cultured clams are exported, and wild smaller scales in different habitats due no-take area and elsewhere throughout harvest is for local consumption. the atoll (83 percent overall reduction in to a variety of factors. The limited Traditional cultures in individual density), an anomaly the authors information in the petition and our files, villages institute a rahui system to attribute to temperature variations 3 however, does not indicate that T. impose closures of certain areas for a years prior to the survey, but the cause maxima’s overall population status or period of time to allow stocks to could not be determined definitively abundance trends are contributing to an regenerate (Chambers 2007). While (Andrefouet et al., 2013). The authors elevated extinction risk, such that the Chambers (2007) indicates some level of note that mortality events of this scale species may be threatened or harvest pressure on T. maxima, they are not uncommon for bivalves and endangered throughout all or a also report areas of high numbers and there are other reports of massive die- significant portion of its range. densities of T. maxima in several sites. offs of clams related to environmental Threats to T. maxima We found additional trade variables like ENSO-related temperature information for T. maxima in some increases or lowered mean sea level in Factor A: Present or Threatened CITES documents cited by the certain areas, which leaves clams Destruction Modification, or petitioner, although the trade exposed to unfavorable conditions for Curtailment of Range information therein was not presented long periods. Within a geographic range The petition asserts that all species of in the petition. Out of 31 countries as vast as T. maxima’s, one anomalous giant clam, including T. maxima, are at listed in a trade review for this species, event that may have been due to risk of extinction throughout their one was listed as ‘‘Urgent Concern’’ temperature changes does not constitute ranges due to the threat of habitat (Tonga), seven were assessed as substantial information that climate destruction, largely because of threats ‘‘Possible Concern, and ‘‘Least Concern’’ change may be affecting the species related to climate change and coral reef was reserved for the remaining 23

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countries (CITES 2004c). Countries clams (more detail provided above in are likely not acclimated to the common reported as ‘‘Least Concern’’ were the general Inadequacy of Existing daily fluctuations in many assessed as such for the following Regulatory Mechanisms section of this environmental parameters experienced reasons: either there was no trade notice; Chambers 2007; Kinch and in the wild. As such, they may react reported over the period under review Teitelbaum 2009). differently than wild specimens to (1994–2003) (n=10), recorded trade In terms of international trade and abrupt changes in their environment. As during the last 5 years of the period greenhouse gas regulations, the discussed in more detail in our 12- under review was at a low level (n=10), discussion in the petition was again not month finding for orange clownfish (80 or trade was primarily or entirely of species-specific. The petitioner did not FR 51235; August 24, 2015), the acute captive bred specimens. provide species-specific information nature of the exposure and lack of Based on the foregoing information, regarding the negative response to ocean acclimation in this study is noteworthy the species-specific information warming or acidification. However, we because most species will not presented in the petition and in our files evaluated the information in the experience changes in acidification so on overharvest of T. maxima is not petition that may apply to all the acutely in their natural habitats. Rather, substantial. Given the broad geographic petitioned species. Above in the Threats they are likely to experience a gradual range of the species and when to Giant Clams section, we determined increase in average CO2 levels over considered in combination with all that overall, the entire discussion of the several generations, and therefore a other information presented for this inadequacy of CITES is very broad and variety of factors could come into play species, we find that the petition does does not discuss how the inadequacy of over time to aid in adaptation (or may not provide sufficient information to international trade regulations is not—there is high uncertainty). We demonstrate that overutilization is an impacting any of the petitioned species recognize that because giant clam operative threat that acts or has acted on to the point that it is contributing to an species are likely long-lived, they likely the species to the point that the extinction risk, with the exception of T. have longer generation times, and thus, petitioned action may be warranted. gigas and the growing giant clam giant clams born today could potentially industry in China. In addition, the Factor C: Disease or Predation live long enough to experience oceanic information in the petition, and in our conditions predicted late this century The petition does not present any files, does not indicate that the (Watson et al., 2012). However, given species-specific information indicating petitioned species may be at risk of the disconnect between these disease or predation are factors acting extinction that is cause for concern due experimental results and what can be on populations of T. maxima to the to the loss of coral reef habitat or the expected to occur in the wild over time, extent that the species may warrant direct effects of ocean warming and the uncertainty in future ocean protection under the ESA. The acidification. This is discussed in more acidification rates, and the generalized information in the petition detail for T. maxima specifically above heterogeneity of the species’ habitat and does not constitute substantial under Factor A and below under Factor current environmental conditions across information for individual species as E. Therefore, we conclude that the its large range, these results are not discussed above. We found some petition does not provide substantial compelling evidence that elevated levels generalized information indicating that information that inadequate regulatory of atmospheric CO2 is an operative T. maxima has some known non-human mechanisms controlling greenhouse gas threat that acts or has acted on T. predators (e.g., large triggerfish, octopi, emissions is an operative threat that acts maxima to the extent that the petitioned eagle rays, and pufferfish) and is or has acted on the species to the point action may be warranted. vulnerable to predation during the that the petitioned action may be The work by Andrefouet et al. (2013) juvenile stage (<10 cm); Chambers warranted. on T. maxima discussed above in the 2007), but we do not have any section on Population status and Trends Factor E: Other Natural or Manmade additional information in our files on documents mortality at Tatakoto Atoll Factors the effects of disease or predation on T. in French Polynesia likely due to a maxima. The petition presents limited temperature anomaly; however, again information in terms of other natural or the authors did not definitively identify Factor D: Inadequacy of Existing manmade factors affecting the status of Regulatory Mechanisms the cause of the observed decline. T. maxima. The petitioner cites Waters Further, a single anomaly in one The petition does not present species- (2008) who found that T. maxima location is not indicative of an ongoing specific information regarding juveniles exposed to pCO2 threat that contributes to an elevated inadequate regulatory mechanisms for concentrations approximating glacial extinction risk for T. maxima. While we T. maxima. As discussed above, the (180 ppm), current (380 ppm) and acknowledge the potential for both petitioner notes that there are some laws projected (560 ppm and 840 ppm) levels ocean warming and ocean acidification for giant clams on the books in certain of atmospheric CO2 (per the IPCC IS92a to have impacts on T. maxima, the locations, but only discusses regulations scenario) suffered decreases in size and petition did not present substantial from the Philippines and Malaysia and dissolution with increased levels of information indicating the species may only discusses illegal clam poaching in atmospheric CO2 and this occurred warrant listing due to these threats, nor disputed areas of the South China Sea. below thresholds previously considered do we have additional information in These areas represent a small portion of detrimental to other marine organisms our files that would indicate this. the range of T. maxima. We found in similar conditions. We acknowledge additional regulations in our files these results however, they are not Conclusion regarding the harvest of giant clams in easily interpreted into potential species It is common for all species, several countries. Numerous PICTs and level effects over time and/or space for especially those with very expansive Australia implement size limits, bag T. maxima. First, the clams used in the geographic ranges like T. maxima, to limits, bans on commercial harvest, experiment were cultured and not experience different impacts and bans on night light harvest, promotion harvested from the wild. Cultured variable population statuses throughout of aquaculture, and community-based specimens are likely to experience different areas within their range. In cultural management systems for giant much more uniform environments and evaluating the information presented in

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the petition, we consider the Pacific, occurring from the Ryuku files on the population abundance or information itself as well as the scope of archipelago of Japan to Western tends of the species. the information presented as it relates to Australia, and from the Coral Triangle Threats to Tridacna noae the range of the species. The petition (as defined by Veron et al., 2009) to the presented species-specific information Coral Sea and to the Northern Line Factor A: Present or Threatened indicating high densities and robust Islands (Borsa et al., 2015b). Tridacna Destruction, Modification, or populations in the Cook Islands, French noae is thus known from Taiwan, Japan, Curtailment of Its Habitat or Range Polynesia, and Rose Atoll. It also Dongsha (northern South China Sea), The petition does not provide any provided citations with generalized Bunaken (Sulawesi Sea), Madang and species-specific information regarding statements of rarity of T. maxima in Kavieng (Bismarck Sea), the Alor how habitat destruction is negatively Singapore and individual study sites in archipelago (Sawu Sea), Kosrae impacting T. noae. As discussed Malaysia, Indonesia, and Thailand. In (Caroline Islands), New Caledonia, the previously, while the information in the the case of T. maxima, areas where the Loyalty Islands and Vanuatu (Coral petition is otherwise largely accurate species may be in poor status are not Sea), Viti-Levu (Fiji), Wallis Island, and and suggests concern for the status of compelling evidence of the global status Kiritimati (Northern Line Islands) (Borsa coral reef habitat generally, its of this species compared to its overall et al., 2015b). Mitochondrial DNA data broadness, generality, and speculative range because the information is not also indicate its presence in the nature, and the lack of reasonable outside of what is commonly expected Philippines (eastern Negros), Western connections between the threats in terms of variability in species status Australia (in the Molucca Sea at discussed and the status of T. noae across such a large range as T. Ningaloo Reef) and in the Solomon specifically means that we cannot find maxima’s. There is an entire one third Islands (Borsa et al., 2015b). Individuals that this information reasonably or more of the species’ range for which are attached by a byssus and bore into suggests that habitat destruction is an no information was presented at all in coral, living in littoral and shallow operative threat that acts or has acted on the petition (eastern Africa and the waters to a depth of 20 m. Borsa et al. the species to the point that the Indian Ocean) with the exception of one (2015b) notes that: ‘‘It may occur petitioned action may be warranted. study from one site in Saudi Arabia naturally on the same reef habitats as T. Factor B: Overutilization for within the Red Sea. Thus, the petition maxima, and also T. crocea as reported Commercial, Recreational, Scientific, or did not present substantial information from the Solomon Islands (Huelsken et Educational Purposes to indicate either poor population status al., 2013), and as observed at Bunaken globally or operative threats acting on and in New Caledonia (this survey).’’ Aside from what has already been the species such that the petitioned discussed regarding the threat of Population Status and Abundance action may be warranted for T. maxima. overutilization for giant clams in Trends general, we could not find any species- Tridacna noae specific information in the petition or in The petition does not provide any our files regarding overutilization of T. Species Description species-specific information for T. noae noae for commercial, recreational, concerning its population status or Tridacna noae, also known as Noah’s scientific, or educational purposes. As abundance trends. The only statement giant clam, is most like T. maxima in such, we cannot conclude that the in the petition with regard to T. noae’s appearance, but live T. noae specimens petition presented substantial status and abundance is: ‘‘Given the can be distinguished by the sparsely information that overutilization is an distributed hyaline organs, and by the threats discussed elsewhere in this operative threat that acts or has acted on large, easily recognizable, ocellate spots report for Asia and here for the South the species to the point that the with a thin, white contour on the China Sea, it is likely that T. noae has petitioned action may be warranted. mantle’s edge (Neo et al., 2015; Su et al., also declined severely.’’ The petitioner 2014). Shell lengths range between 6 did not provide any references or Factor C: Disease or Predation and 20 cm (Neo et al., 2015). additional supporting information to Aside from what has already been substantiate this claim. Given that the discussed regarding the threats of Life History species’ geographic range extends far disease and predation for giant clams in Aside from what has already been beyond Southeast Asia, simply inferring general (refer back to the Threats to discussed in the general life history a severe abundance decline throughout Giant Clams section above), we could information applicable to all giant clams the species’ large geographic range find no additional information regarding (refer back to the Giant Clam life history based on generalized threats discussed disease or predation specific to T. noae. section above), the petition did not for one part of the range (and without Therefore, we conclude that the petition provide any species-specific life history providing any link that these threats are does not provide substantial information for T. noae. We could also specifically acting on T. noae to reduce information that disease or predation is not find any other life history its abundance) is erroneous. Generalized an operative threat that acts or has acted information in our files specific to T. evidence of declining habitat or on the species to the point that the noae. declining populations per se are not petitioned action may be warranted. evidence of declines large enough to Range, Habitat, and Distribution infer extinction risk that may meet the Factor D: Inadequacy of Existing The petition did not provide a range definition of either threatened or Regulatory Mechanisms map for this species, nor was it included endangered under the ESA. Therefore, The petition did not present species- in bin Othman et al. (2010). Tridacna we conclude that the information specific information regarding noae’s distribution overlaps with T. presented in the petition on the species’ inadequate regulatory mechanisms for maxima’s distribution, but generally population status and abundance trends T. noae. As discussed above, the occurs in lower abundances (Neo et al., does not constitute substantial petitioner notes that there are some laws 2015). Based on the information information that the species may for giant clams on the books in certain provided in the petition, T. noae has a warrant listing under the ESA. We could locations, but only discusses regulations widespread distribution across the Indo- also not find any information in our from the Philippines and Malaysia and

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illegal clam poaching in disputed areas populations throughout its range. We public comments before developing and of the South China Sea. These areas could also not find any additional publishing a final rule. We also find that represent a small portion of the range of information in our files regarding these the petition and information readily T. noae. We found additional threats to the species. As such, we available in our files do not present regulations in our files regarding the cannot conclude that the petition substantial scientific and commercial harvest of giant clams in several presented substantial information that information indicating that the countries. Numerous PICTs and other natural or manmade factors, petitioned action of listing T. crocea, T. Australia implement size limits, bag including climate change related maxima, and T. noae is warranted. limits, bans on commercial harvest, threats, are operative threats that act or bans on night light harvest, promotion have acted on the species to the point Information Solicited of aquaculture, and community-based that the petitioned action may be To ensure that the status reviews are cultural management systems for giant warranted. based on the best available scientific clams (more detail provided above; Conclusion and commercial data, we are soliciting Chambers 2007; Kinch and Teitelbaum information relevant to whether the The petition did not provide 2009). giant clam species for which we have In terms of international trade and substantial information that any made positive findings are endangered greenhouse gas regulations, the identified or unidentified threats may be or threatened. Specifically, we are discussion in the petition was again not acting on T. noae to the point that it soliciting information in the following species-specific. The petitioner did not may warrant listing as threatened or areas: (1) Historical and current provide species-specific information endangered under the ESA. We distribution and abundance of these regarding the negative response to ocean evaluated the extremely limited species throughout their respective warming or acidification. However, we population status information and threat ranges; (2) historical and current evaluated the information in the information presented in the petition population trends; (3) life history in petition that may apply to all the and in our files and cannot conclude marine environments, including growth petitioned species. In the general that substantial information has been Threats to Giant Clams section above, presented that indicates the petitioned rates and reproduction; (4) historical we determined that overall, the entire action may be warranted for this and current data on the commercial discussion of the inadequacy of CITES species. trade of giant clam products; (5) historical and current data on fisheries is very broad and does not discuss how Petition Findings the inadequacy of international trade targeting giant clam species; (6) any regulations is impacting any of the Based on the above information and current or planned activities that may petitioned species to the point that it is the criteria specified in 50 CFR adversely impact the species; (7) contributing to an extinction risk, with 424.14(b)(2), we find that the petition ongoing or planned efforts to protect the exception of T. gigas and the and information readily available in our and restore the species and its habitats, growing giant clam industry in China. In files present substantial scientific and including information on aquaculture addition, the information in the commercial information indicating that and/or captive breeding and restocking petition, and in our files, does not the petitioned action of listing the programs for giant clam species; (8) indicate that the petitioned species may following giant clam species as population structure information, such be at risk of extinction that is cause for threatened or endangered may be as genetics data; and (9) management, concern due to the loss of coral reef warranted: H. hippopus, H. porcellanus, regulatory, and enforcement habitat or the direct effects of ocean T. costata, T. derasa, T. gigas, T. information. We request that all warming and acidification. This is squamosa, and T. tevoroa. Therefore, in information be accompanied by: (1) discussed in more detail for T. noae accordance with section 4(b)(3)(A) of Supporting documentation such as specifically above under Factor A and the ESA and NMFS’ implementing maps, bibliographic references, or below under Factor E. Therefore, we regulations (50 CFR 424.14(b)(3)), we reprints of pertinent publications; and conclude that the petition does not will commence status reviews of these (2) the submitter’s name, address, and provide substantial information that species. During the status reviews, we any association, institution, or business inadequate regulatory mechanisms will determine whether these species that the person represents. are in danger of extinction (endangered) controlling greenhouse gas emissions is References Cited an operative threat that acts or has acted or likely to become so within the on the species to the point that the foreseeable future (threatened) A complete list of references is petitioned action may be warranted. throughout all or a significant portion of available upon request to the Office of their ranges. We now initiate this Protected Resources (see ADDRESSES). Factor E: Other Natural or Manmade review, and thus, we consider these Factors giant clam species to be candidate Authority: The authority for this action is the Endangered Species Act of 1973, as Aside from the information species (69 FR 19975; April 15, 2004). amended (16 U.S.C. 1531 et seq.). previously discussed for giant clams in Within 12 months of the receipt of the general in the Other Natural or petition (August 7, 2017), we will make Dated: June 21, 2017. Manmade Factors section, the petition a finding as to whether listing these Samuel D. Rauch III, does not provide any species-specific species as endangered or threatened is Deputy Assistant Administrator for information regarding how climate warranted as required by section Regulatory Programs, National Marine change related threats, including ocean 4(b)(3)(B) of the ESA. If listing these Fisheries Service. warming and acidification, are species is found to be warranted, we [FR Doc. 2017–13275 Filed 6–23–17; 8:45 am] negatively impacting T. noae will publish a proposed rule and solicit BILLING CODE 3510–22–P

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Part III

The President

Memorandum of June 21, 2017—Delegation of Authority Under the Consolidated Appropriations Act, 2017

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Federal Register Presidential Documents Vol. 82, No. 121

Monday, June 26, 2017

Title 3— Memorandum of June 21, 2017

The President Delegation of Authority Under the Consolidated Appropria- tions Act, 2017

Memorandum for the Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby delegate to the Secretary of Defense the functions and authorities vested in the President by section 10005 of the Consolidated Appropriations Act, 2017 (Public Law 115–31) (the ‘‘Act’’). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as section 10005 of the Act. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, June 21, 2017

[FR Doc. 2017–13491 Filed 6–23–17; 11:15 am] Billing code 5001–06–P

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Reader Aids Federal Register Vol. 82, No. 121 Monday, June 26, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 530...... 27403 531...... 27403 The United States Government Manual 741–6000 9618...... 25921 9619...... 25923 532...... 27403 Other Services 9620...... 25925 533...... 27403 Electronic and on-line services (voice) 741–6020 9621...... 25927 534...... 27403 Privacy Act Compilation 741–6050 9622...... 25929 537...... 27403 Public Laws Update Service (numbers, dates, etc.) 741–6043 9623...... 27963 539...... 27403 9624...... 28389 540...... 27403 541...... 27403 Executive Orders: ELECTRONIC RESEARCH 13597 (Amended by 544...... 27403 548...... 27403 World Wide Web EO 13802)...... 28747 13801...... 28229 550...... 27403 Full text of the daily Federal Register, CFR and other publications 13802...... 28747 552...... 27403 is located at: www.fdsys.gov. 555...... 27403 Administrative Orders: 557...... 27403 Memorandums: Federal Register information and research tools, including Public 559...... 27403 Memorandum of June Inspection List, indexes, and Code of Federal Regulations are 560...... 27403 14, 2017 ...... 27965 located at: www.ofr.gov. 561...... 27403 Memorandum of June E-mail 21, 2017 ...... 28981 Proposed Rules: Notices: 381...... 27625 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notice of June 13, Mailing List) is an open e-mail service that provides subscribers 10 CFR 2017 ...... 27605 with a digital form of the Federal Register Table of Contents. The Notice of June 21, 72...... 25931 digital form of the Federal Register Table of Contents includes 2017 ...... 28743 Proposed Rules: HTML and PDF links to the full text of each document. Notice of June 21, 50...... 28017 To join or leave, go to https://public.govdelivery.com/accounts/ 2017 ...... 28745 72...... 25973 USGPOOFR/subscriber/new, enter your email address, then Presidential 712...... 28412 follow the instructions to join, leave, or manage your Determinations: 12 CFR subscription. No. 2017–08 of June PENS (Public Law Electronic Notification Service) is an e-mail 13, 2017 ...... 27607 201...... 28755 service that notifies subscribers of recently enacted laws. No. 2017–09 of June 204...... 28757 13, 2017 ...... 27609 229...... 27551 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html No. 2017–07 of May 1263...... 25716 and select Join or leave the list (or change settings); then follow 31, 2017 ...... 28387 Proposed Rules: the instructions. No. 2017–06 of May Ch. I ...... 27217 FEDREGTOC and PENS are mailing lists only. We cannot 17, 2017 ...... 28391 229...... 25539 respond to specific inquiries. Ch. V...... 27217 5 CFR Reference questions. Send questions and comments about the 701...... 26378, 26605 Federal Register system to: [email protected] 1201...... 25715 703...... 26378 1800...... 26739 705...... 26378 The Federal Register staff cannot interpret specific documents or 9301...... 28549 708a...... 26378, 26605 regulations. Proposed Rules: 708b...... 26605 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Ch. XXI ...... 27217 709...... 26378 longer appears in the Federal Register. This information can be 741...... 26378 found online at http://bookstore.gpo.gov/. 6 CFR 745...... 26378 Proposed Rules: 746...... 26378, 26391 FEDERAL REGISTER PAGES AND DATE, JUNE 5...... 27218 747...... 26378 750...... 26378 7 CFR 25203–25502...... 1 27771–27966...... 19 Ch. XV ...... 27217 25503–25714...... 2 27967–28232...... 20 319...... 27967 Ch. XVII ...... 27217 800...... 26843 25715–25930...... 5 28233–28390...... 21 13 CFR 25931–26334...... 6 930...... 28749 28391–28548...... 22 945...... 28550 26335–26570...... 7 121...... 25503 28549–28746...... 23 1260...... 27611 134...... 25503 26571–26738...... 8 28747–28982...... 26 4279...... 26335 26739–26842...... 9 Proposed Rules: 14 CFR 26843–26978...... 12 319 ...... 28015, 28257, 28262 23...... 25509 26979–27104...... 13 925...... 28589 25 ...... 27105, 27107, 27404, 27105–27402...... 14 944...... 28589 27771 27403–27610...... 15 982...... 26859 39 ...... 25723, 25936, 25940, 27611–27770...... 16 986...... 27028 25943, 25946, 25954, 26571,

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26573, 26576, 26579, 26580, 312...... 28277 25965, 26584, 26586, 26746, 81...... 28435 26843, 26979, 26982, 26985, 812...... 28277 26749, 26846, 26848, 26992, 158...... 25567 27406, 27408, 27411, 27414, 1308...... 25564 27011, 27013, 27014, 27015, 258...... 25568 27416, 27419, 27970, 27972, 27116, 27618, 27620, 27775, 312...... 28040 27975, 27977, 27979, 27983, 23 CFR 27776, 28007, 28234, 28235, 174...... 26639, 26641 28393, 28395, 28397, 28399, 490...... 25726 28238, 28553, 28556, 28773 180...... 26641 28758 Proposed Rules: 423...... 26017 71 ...... 25958, 25959, 26336, 24 CFR Ch. I ...... 26632 721...... 26644 26338, 26987, 27986, 27988, Proposed Rules: 100...... 27636 27990, 27991, 28233, 28401, 3285...... 28279 110...... 25207, 27639 42 CFR 28404 165 ...... 26760, 28036, 28288, Proposed Rules: 97 ...... 27992, 27995, 27997, 25 CFR 28290, 28796, 28798 Ch. IV...... 26885 27999 Proposed Rules: 409...... 27222 34 CFR 1264...... 28760 Ch. I ...... 28429 483...... 26649 1271...... 28760 Ch. II ...... 28429 668...... 27621 488...... 27222 Proposed Rules: Ch. III ...... 28429 674...... 27621 33...... 28788, 28790 Ch. IV...... 28429 682...... 27621 43 CFR 39 ...... 25542, 25545, 25547, Ch. V...... 28429 685...... 27621 100...... 28777 25550, 25552, 25554, 25556, Ch. VI...... 28429 Proposed Rules: 3170...... 27430 25742, 25744, 25746, 25748, Ch. VII...... 28429 Ch. VI...... 27640 Proposed Rules: 25975, 25978, 25980, 25983, Subtitle A ...... 28431 Subtitle A ...... 28429 25986, 26403, 26615, 26617, 26 CFR Subtitle B ...... 28431 Ch. I ...... 28429 26758, 26864, 26867, 26869, Proposed Rules: Ch. II ...... 28429 26872, 26874, 27219, 27444, Ch. I ...... 27217 36 CFR Subtitle B ...... 28429 27629, 27631, 27634, 28020, 301...... 27334 1270...... 26588 28023, 28026, 28028, 28030, Proposed Rules: 44 CFR 28266, 28269, 28271, 28274, 27 CFR Ch. I ...... 28429 64...... 25739, 28565 28592, 28594, 28596, 28599 Proposed Rules: 71 ...... 25559, 25561, 25563, Proposed Rules: Ch. I ...... 27217 37 CFR Ch. I ...... 27460 25988, 25989, 25991, 26406, 201...... 26850, 27424 1...... 26411 26408, 26409, 26619, 27448, 28 CFR 202...... 26850, 27424 27449, 28033, 28035, 28426, Proposed Rules: 350...... 27016 45 CFR 28603, 28794 16...... 25751 360...... 27016 1149...... 27431 15 CFR Proposed Rules: 1158...... 27431 29 CFR 740...... 27108 350...... 28800 Proposed Rules: 4022...... 27422 Subtitle A ...... 26885 744...... 28405 38 CFR 774...... 27108 4044...... 27422 1148...... 26763 922...... 26339 4901...... 26990 60...... 26592 Proposed Rules: 14...... 26751 46 CFR 16 CFR 405...... 26877 Proposed Rules: 39 CFR Proposed Rules: 406...... 26877 Ch. I ...... 26632 Ch. II ...... 27636 111...... 28559 Ch. III ...... 26632 30 CFR Proposed Rules: 515...... 25221 17 CFR 250...... 26741 3050...... 27781, 28039 520...... 25221 5...... 28763 Proposed Rules: 525...... 25221 11...... 28763 Ch. II ...... 28429 40 CFR 530...... 25221 16...... 28763 Ch. IV...... 28429 52 ...... 25203, 25523, 25969, 531...... 25221 17...... 28763 Ch. V...... 28429 26351, 26594, 26596, 26754, 532...... 25221 18...... 28763 Ch. VII...... 28429 26854, 27118, 27121, 27122, 535...... 25221 19...... 28763 Ch. XII...... 28429 27125, 27127, 27428, 27622, 540...... 25221 20...... 28763 28240, 28560, 28775 565...... 25221 21...... 28763 31 CFR 60...... 25730, 28561 48...... 28763 537...... 27613 62...... 25734, 25969 47 CFR 140...... 28763 Proposed Rules: 63...... 28562 0...... 25660 145...... 28001 Sub. A...... 27217 68...... 27133 1...... 25660 150...... 28763 Ch. I ...... 27217 80...... 26354 2...... 27178 Proposed Rules: Ch. II ...... 27217 81...... 25523 4...... 28410 Ch. IV...... 27217 Ch. IV...... 27217 97...... 28243 15...... 27178 Ch. V...... 27217 171...... 25529 25...... 25205, 27178 18 CFR Ch. VI...... 27217 180 ...... 25532, 26599, 27021, 36...... 25535 401...... 26989 Ch. VII...... 27217 27144, 27149 54...... 28244 420...... 26989 Ch. VIII...... 27217 232...... 26603 61...... 25660 Proposed Rules: Ch. IX...... 27217 258...... 25532 63...... 25660 1318...... 26620 Ch. X...... 27217 312...... 28009 64...... 28566 441...... 27154, 28777 69...... 25660 19 CFR 33 CFR Proposed Rules: 80...... 27178 12...... 26340, 26582 3...... 27614 52 ...... 25208, 25211, 25213, 90...... 27178 Proposed Rules: 100 ...... 25511, 25960, 26992, 25992, 25996, 25999, 26007, 96...... 26857 Ch. I ...... 27217 27110, 27616, 28005, 28770 26634, 26638, 26762, 26883, 97...... 27178 110...... 27112, 27773 27031, 27221, 27451, 27456, 101...... 27178, 28245 21 CFR 117 ...... 25726, 25727, 26584, 28292, 28432, 28433, 28435, Proposed Rules: 814...... 26348 26744, 26745, 26746, 27423, 28605, 28611, 28614, 28801 1...... 26019 1308...... 26349 28006, 28552, 28772 60...... 27641, 27645 2...... 27652 Proposed Rules: 165 ...... 25515, 25517, 25519, 62...... 25753, 25969 8...... 25568 11...... 28277 25521, 25728, 25962, 25964, 63...... 28616 25...... 27652

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54...... 26653 49 CFR Ch. IV...... 26632 Proposed Rules: 20...... 25568 7...... 25740 Ch. X...... 28617 17...... 27033 73...... 25590, 26887 270...... 26359 Ch. I ...... 28429 390...... 27766 50 CFR Ch. II ...... 26419 Ch. III ...... 26419 48 CFR 541...... 28246 17...... 28567, 28582 571...... 26360 217...... 26360, 27434 Ch. IV...... 26419 Proposed Rules: 585...... 26360 300...... 28012 Ch. V...... 26419 Ch. 10 ...... 27217 Proposed Rules: 622 ...... 25205, 26366, 27777, Ch. VI...... 26419 252...... 28041 383...... 26888, 26894 28013, 28255 223...... 28946 App. J ...... 28617 384...... 26894 635...... 26603 224...... 28802, 28946 701...... 28617 387...... 25753 648...... 27027 648...... 27223, 28447 722...... 28617 390...... 27768 660...... 28785 660...... 26902

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 16, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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