Vol. 82 Tuesday, No. 112 June 13, 2017

Pages 26979–27104

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 112

Tuesday, June 13, 2017

Agency for Toxic Substances and Disease Registry Special Local Regulations and Safety Zones: NOTICES Recurring Marine Events and Fireworks Displays Within Draft Toxicological Profiles: Fifth Coast Guard District, 26992–27011 Antimony; 2,4-D; Molybdenum; Silica, 27066–27067 Commerce Department Agricultural Marketing Service See Foreign-Trade Zones Board PROPOSED RULES See International Trade Administration Pecans Grown in Alabama, Arkansas, Arizona, California, See National Oceanic and Atmospheric Administration Florida, Georgia, Kansas, Louisiana, Missouri, See National Telecommunications and Information Mississippi, North Carolina, New Mexico, Oklahoma, Administration South Carolina, and Texas: Assessment Rates, 27028–27031 Commodity Futures Trading Commission NOTICES Agriculture Department Commission Statement Concerning Request Made Pursuant See Agricultural Marketing Service to Commission Regulation, 27044–27045 See Animal and Plant Health Inspection Service See Farm Service Agency Consumer Product Safety Commission See Forest Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Workshop on Recall Effectiveness, 27046 Submissions, and Approvals, 27036 Public Hearings: Commission Agenda and Priorities, 27045 Air Force Department NOTICES Copyright Royalty Board Applications: RULES NCIS Special Agents Who Were Assigned to Middle East Procedural Regulations for Copyright Royalty Board Field Office in Bahrain in Direct Support of CTF–151 Regarding Electronic Filing of Claims, 27016–27021 Counter-Piracy Mission, 27046 Defense Department Animal and Plant Health Inspection Service See Air Force Department NOTICES Meetings: Delaware River Basin Commission Animal Disease Traceability System, 27036–27037 RULES Regulatory Program Fees and Water Charges Rates, 26989– Centers for Medicare & Medicaid Services 26990 NOTICES Applications for Approvals of Surgical Center Education Department Accreditations: NOTICES American Osteopathic Association / Healthcare Facilities Agency Information Collection Activities; Proposals, Program, 27067–27068 Submissions, and Approvals: Evaluation of ESEA Title VI Indian Education LEA Grants Civil Rights Commission Program, 27054–27055 NOTICES Applications for New Awards: Meetings: High School Career and Technical Education Teacher Colorado Advisory Committee, 27038–27039 Pathway Initiative, 27047–27054

Coast Guard Energy Department RULES See Federal Energy Regulatory Commission Safety Zones: See Southwestern Power Administration Annual Firework Events on Colorado River, Between Davis Dam (Bullhead City, AZ) and Headgate Dam Environmental Protection Agency (Parker, AZ) Within San Diego Captain of the Port RULES Zone, 27013–27014 Tolerance Exemptions: Fireworks Displays in Captain of the Port New York Cumene Sulfonic Acid and Its Ammonium, Calcium, Zone, 27014–27015 Magnesium, Potassium, Sodium and Zinc Salts, Pacific Ocean, Mamala Bay, Oahu, HI—Hokulea Arrival, 27021–27027 27011–27013 PROPOSED RULES Recurring Fireworks Displays Within Fifth Coast Guard Air Quality State Implementation Plans; Approvals and District, 27015–27016 Promulgations: Southern California Annual Fireworks for San Diego Alaska: Adoption Updates and Rule Revisions, 27031– Captain of the Port Zone, 27011 27033

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NOTICES Foreign-Trade Zones Board Proposed Settlement Agreements Under Clean Air Act, NOTICES 27063 Production Authorities; Applications: Coleman Co., Inc., Foreign-Trade Zone 119, Minneapolis- Farm Service Agency St. Paul, M, 27039 NOTICES Agency Information Collection Activities; Proposals, Forest Service Submissions, and Approvals: NOTICES Transfer of Farm Records Between Counties, 27037– Meetings: 27038 Lassen County Resource Advisory Committee, 27038

Federal Aviation Administration Health and Human Services Department RULES See Agency for Toxic Substances and Disease Registry Airworthiness Directives: See Centers for Medicare & Medicaid Services Lycoming Engines Reciprocating Engines, 26982–26985 See National Institutes of Health Pratt and Whitney Turbofan Engines, 26979–26982 Homeland Security Department Rolls-Royce Corporation Turbofan Engines, 26985–26987 VOR Federal Airways; Amendments and Removals: See Coast Guard Eastern United States, 26987–26988 See Federal Emergency Management Agency Interior Department Federal Communications Commission See Fish and Wildlife Service NOTICES See National Park Service Meetings: North American Numbering Council, 27063–27064 Internal Revenue Service NOTICES Federal Emergency Management Agency Meetings: NOTICES Electronic Tax Administration Advisory Committee, Agency Information Collection Activities; Proposals, 27103–27104 Submissions, and Approvals: Hazard Mitigation Grant Program; Application and International Trade Administration Reporting, 27071–27072 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Federal Energy Regulatory Commission or Reviews: NOTICES Certain Circular Welded Non-Alloy Steel Pipe From Agency Information Collection Activities; Proposals, Mexico, 27039–27041 Submissions, and Approvals, 27055 Certain Frozen Warmwater Shrimp From India; Applications: Correction, 27041–27042 California Department of Water Resources, 27059 Combined Filings, 27056–27062 International Trade Commission Environmental Reviews: NOTICES Florida Gas Transmission Co., LLC, 27060 Investigations; Determinations, Modifications, and Rulings, Initial Market-Based Rate Filings Including Requests for etc.: Blanket Section 204 Authorizations: Certain Consumer Electronic Devices, Including Solar Star Oregon II, LLC, 27055 Televisions, Gaming Consoles, Mobile Phones and Institutions of Section 206 Proceedings: Tablets, and Network-Enabled DVD and Blu-Ray DTE Electric Co., 27060 Players, 27078 Finished Carbon Steel Flanges From Spain, 27075 Federal Trade Commission Large Residential Washers, 27075–27078 NOTICES Meetings; Sunshine Act, 27079 Agency Information Collection Activities; Proposals, Justice Department Submissions, and Approvals, 27064–27066 NOTICES Proposed Consent Decrees Under the Clean Air Act, 27079 Financial Crimes Enforcement Network NOTICES Labor Department Agency Information Collection Activities; Proposals, See Wage and Hour Division Submissions, and Approvals: NOTICES Bank Secrecy Act Designation of Exempt Person Report, Agency Information Collection Activities; Proposals, 27102–27103 Submissions, and Approvals: Application of Employee Polygraph Protection Act, Fish and Wildlife Service 27079–27080 PROPOSED RULES Study of Customer Satisfaction With Five Office of Endangered and Threatened Species: Disability Employment Policy Technical Assistance Reopening Comment Periods for Five Proposed Rules, Centers, 27080–27081 27033–27035 NOTICES Legal Services Corporation Endangered Species Recovery Permit Applications, 27072– NOTICES 27075 Meetings; Sunshine Act, 27082–27083

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Library of Congress Securities and Exchange Commission See Copyright Royalty Board NOTICES Commission Statement Concerning Request for National Endowment for the Arts Interpretation as to Whether Particular Agreement is NOTICES Swap, Security-Based Swap, or Mixed Swap, 27091 Meetings: Meetings; Sunshine Act, 27092 Arts Advisory Panel, 27083 Self-Regulatory Organizations; Proposed Rule Changes: National Council on Arts, 27083–27084 Depository Trust Co.; National Securities Clearing Corp.; Fixed Income Clearing Corp., 27091–27094 National Foundation on the Arts and the Humanities Fixed Income Clearing Corp., 27090–27091 See National Endowment for the Arts Miami International Securities Exchange, LLC, 27092– 27093 MIAX PEARL, LLC, 27096–27099 National Institutes of Health Nasdaq ISE, LLC, 27094–27096 NOTICES Charter Renewals: Advisory Committee to Director, 27069 Small Business Administration Government-Owned Inventions; Availability for Licensing, NOTICES 27068–27069 Disaster Declarations: Meetings: Oklahoma, 27099–27100 Center for Scientific Review, 27070–27071 Pennsylvania, 27100 National Institute of General Medical Sciences, 27071 Surrender of Licenses of Small Business Investment Companies: Legg Mason SBIC Mezzanine Fund, L.P., 27100 National Oceanic and Atmospheric Administration RULES Fisheries of Northeastern United States: Southwestern Power Administration Atlantic Sea Scallop Fishery; Closure of Elephant Trunk NOTICES Flex Access Area to General Category Individual Integrated System Rate Schedules, 27062–27063 Fishing Quota Scallop Vessels, 27027 State Department National Park Service NOTICES NOTICES Delegations of Authority, 27101–27102 Minor Boundary Revisions: Delegations of Authority: Sleeping Bear Dunes National Lakeshore, 27075 Concurance With Exchanges of Defense Personnel, 27100 Concurance With Payment of Personnel Expenses National Telecommunications and Information Necessary for Theater Security Cooperation, 27100– Administration 27101 Concurance With Provision of Support for Conduct of NOTICES Operations, 27102 Promoting Stakeholder Action Against Botnets and Other Concurance With Secretary of Defense on Inter-American Automated Threats, 27042–27044 Air Forces Academy Programs, 27102 Concurance With Secretary of Defense on State Partnership Programs, 27102 Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Transportation Department American Centrifuge Lead Cascade Facility in Piketon, See Federal Aviation Administration OH, 27088–27089 License Amendment Applications: Treasury Department Department of Energy; Fort St. Vrain Independent Spent See Financial Crimes Enforcement Network Fuel Storage Installation, 27084–27085 See Internal Revenue Service Department of Energy; Idaho Spent Fuel Facility Independent Spent Fuel Storage Installation, 27086– Wage and Hour Division 27087 NOTICES Department of Energy; Three Mile Island 2 Independent Agency Information Collection Activities; Proposals, Spent Fuel Storage Installation, 27087–27088 Submissions, and Approvals, 27081–27082 Meetings; Sunshine Act, 27085 Superseded or Outdated Generic Communications; Withdrawal, 27085–27086 Reader Aids Consult the Reader Aids section at the end of this issue for Pension Benefit Guaranty Corporation phone numbers, online resources, finding aids, and notice RULES of recently enacted public laws. Examination and Copying of Pension Benefit Guaranty Corporation Records, 26990–26992 To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Applications for Approval of Alternative Arbitration accounts/USGPOOFR/subscriber/new, enter your e-mail Procedures: address, then follow the instructions to join, leave, or American Arbitration Association, 27089–27090 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.

7 CFR Proposed Rules: 986...... 27028 14 CFR 39 (3 documents) ...... 26979, 26982, 26985 71...... 26987 18 CFR 401...... 26989 420...... 26989 29 CFR 4901...... 26990 33 CFR 100...... 26992 165 (7 documents) ...... 26992, 27011, 27013, 27014, 27015 37 CFR 350...... 27016 360...... 27016 40 CFR 180...... 27021 Proposed Rules: 52...... 27031 50 CFR 648...... 27027 Proposed Rules: 17...... 27033

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Rules and Regulations Federal Register Vol. 82, No. 112

Tuesday, June 13, 2017

This section of the FEDERAL REGISTER Propeller Directorate, 1200 District ECIs. We are issuing this AD to prevent contains regulatory documents having general Avenue, Burlington, MA. For failure of the diffuser-to-HPT case applicability and legal effect, most of which information on the availability of this flange, which could lead to uncontained are keyed to and codified in the Code of material at the FAA, call 781–238–7125. engine failure and damage to the Federal Regulations, which is published under It is also available on the internet at airplane. 50 titles pursuant to 44 U.S.C. 1510. http://www.regulations.gov by searching Comments The Code of Federal Regulations is sold by for and locating Docket No. FAA–2013– the Superintendent of Documents. 0740. We gave the public the opportunity to participate in developing this AD. The Examining the AD Docket following presents the comments DEPARTMENT OF TRANSPORTATION You may examine the AD docket on received on the NPRM and the FAA’s the Internet at http:// response to each comment. Federal Aviation Administration www.regulations.govby searching for Request for New AD Instead of and locating Docket No. FAA–2013– Supersedure AD 14 CFR Part 39 0740; or in person at the Docket PW, Delta Airlines (Delta), FedEx [Docket No. FAA–2013–0740; Directorate Management Facility between 9 a.m. Identifier 2013–NE–24–AD; Amendment 39– and 5 p.m., Monday through Friday, Express (FedEx), and United Airlines 18905; AD 2017–11–06] except Federal holidays. The AD docket (United) requested that the NPRM to supersede AD 2014–05–32 be RIN 2120–AA64 contains this AD, the regulatory evaluation, any comments received, and withdrawn and the requirements of the other information. The address for the NPRM be included in a new AD that Airworthiness Directives; Pratt & does not supersede AD 2014–05–32. Whitney Turbofan Engines Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Delta indicated that the NPRM applies AGENCY: Federal Aviation Department of Transportation, Docket only to a sub-population of diffuser Administration (FAA), DOT. Operations, M–30, West Building cases. Delta recommended that further field data be captured to validate PW’s ACTION: Final rule. Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, analysis prior to issuance of the final rule AD. PW, Delta, and United added SUMMARY: We are superseding DC 20590. that the repetitive ECIs introduced by Airworthiness Directive (AD) 2014–05– FOR FURTHER INFORMATION CONTACT: 32 for all Pratt & Whitney (PW) PW2037, this AD are different from those Brian Kierstead, Aerospace Engineer, mandated by AD 2014–05–32. PW2037D, PW2037M, PW2040, Engine Certification Office, FAA, Engine PW2040D, PW2043, PW2143, PW2643, We disagree. AD 2014–05–32 and this & Propeller Directorate, 1200 District AD address the same safety issue, which and F117–PW–100 turbofan engines. AD Avenue, Burlington, MA 01803; phone: 2014–05–32 required one-time eddy is cracking and rupture of the diffuser 781–238–7772; fax: 781–238–7199; case M-flange. Therefore, AD 2014–05– current inspection (ECI) of affected email: [email protected]. engines with certain diffuser and high- 32 and this AD have the same SUPPLEMENTARY INFORMATION: pressure turbine (HPT) cases installed. applicability. Differences in compliance AD 2014–05–32 also required a Discussion time reflect different levels of risk fluorescent-penetrant inspection (FPI) of associated with different sub- We issued a notice of proposed populations of diffuser cases. We the diffuser case rear flange and the HPT rulemaking (NPRM) to amend 14 CFR case front flange. This AD requires therefore find it appropriate that this AD part 39 to supersede AD 2014–05–32, replaces AD 2014–05–32. We are, additional repetitive, on-wing ECI Amendment 39–17804 (79 FR 17856, inspections. This AD was prompted by however, revising the Previous Credit March 31, 2014), (‘‘AD 2014–05–32’’). section of this AD to allow credit for the manufacturer determining through AD 2014–05–32 applied to all PW analysis that the inspections required by ECIs of the diffuser case M-flange PW2037, PW2037D, PW2037M, performed using either PW Service AD 2014–05–32 are not adequate to PW2040, PW2040D, PW2043, PW2143, maintain safety for certain diffuser Bulletin (SB) No. PW2000 72–763, PW2643, and F117–PW–100 turbofan Revision No. 1, dated August 30, 2013; cases. We are issuing this AD to correct engines. The NPRM published in the the unsafe condition on these products. and PW Alert Service Bulletin (ASB) Federal Register on December 22, 2016 No. PW2000 A72–765, Revision No. 1, DATES: This AD is effective July 18, (81 FR 93855) (‘‘the NPRM’’). The dated July 13, 2016. 2017. NPRM was prompted by the The Director of the Federal Register manufacturer determining through Request To Exclude F117 Engines From approved the incorporation by reference analysis that the inspections required by Applicability of certain publications listed in this AD AD 2014–05–32 were not adequate to PW requested that the F117–PW–100 as of July 18, 2017. maintain safety for diffuser cases that turbofan engine be excluded from the ADDRESSES: For service information incorporate a wrought M-flange. Also, applicability of this AD. PW indicated identified in this final rule, contact Pratt repaired wrought flanges cannot be that the F117 engine meets all safety & Whitney, 400 Main St., East Hartford, distinguished from other wrought requirements and does not warrant a CT 06118; phone: 860–565–0140; fax: flanges or from non-repaired flanges on service bulletin or an AD. PW asked that 860–565–5442; email: HELP24@ diffuser cases installed on the affected if this AD does not remove the F117 pw.utc.com. You may view this service engines. The NPRM, therefore, proposed engine from applicability, then this AD information at the FAA, Engine & to add additional repetitive, on-wing should clarify that the repetitive ECIs in

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paragraphs (f)(3) and (4) of this AD do since new or since M-flange this ASB prior to issuance of this final not apply to the F117 engine. Further, replacement, as specified in paragraph rule. Delta further asked that this AD should reference PW SB F117 (f)(4)(i)(A) of this AD, be extended to publication of this final rule AD be 72–410, Revision 1, dated December 17, 6,500 cycles since new. United asked delayed until the latest version of this 2013. that the initial inspection threshold in ASB is published. We partially agree. We agree that the this paragraph (f)(4)(i)(C) be aligned We partially agree. We agree to update original build F117–PW–100 engines with the service information, which the references to PW ASB No. PW2000 used only cast material M-flanges and, provides an inspection interval of 1,500 A72–765 to Revision 2, dated August therefore, are not susceptible to the cycles for engines with more than 2,500 12, 2016, in the compliance section of safety issue responsible for this AD. We cycles since last engine shop visit. this AD. We do not agree to delay note, however, that an F117 diffuser We partially agree. We agree that publication of this final rule AD or to case flange can be repaired using the closer alignment of the initial inspection revise the references to service wrought material making these flanges threshold with PW ASB No. PW2000 information to allow compliance to susceptible to the unsafe condition A72–765, Revision No. 1, dated July 13, revisions that have not been published. represented by this AD. We, therefore, 2016, maintains an acceptable level of We cannot require compliance to find it necessary to include the F117– safety. We therefore increased the initial service information that does not exist. PW–100 engine in the applicability of inspection threshold in paragraph this AD. (f)(4)(i)(C) of this AD from 500 cycles to Request To Clarify References to We disagree with removing the F117 1,000 cycles from the effective date of Diffuser Cases M-flange engine from the recurring ECIs in this AD. We do not, however, have data PW, Delta, FedEx, and United paragraphs (f)(3) and (4) of this AD since to support increasing the interval from requested that we clarify that the these inspections apply to all applicable 5,500 to 6,500 cycles since new. inspections required by paragraphs (f)(3) engines. Therefore, we did not change paragraph and (4) of this AD are for cracks from We disagree with referencing PW SB (f)(4)(i)(A) of this AD. the diffuser case M-flange bolthole F117 72–410, Revision 1, dated Request To Clarify References to towards the case body. The commenters December 17, 2013, as this is not an Diffuser Cases note that flange bolthole cracks away equivalent instruction for the repetitive from the case body do not contribute to inspections of this AD. We did not PW and Delta requested that we revise the unsafe condition. change this AD. sections in the preamble of the NPRM, We agree. We changed this AD by particularly the ‘‘Summary’’ and the revising paragraphs (f)(4)(iii) and (iv) to Request To Revise Criteria for ‘‘Actions Since AD 2014–05–32 Was Recurrent ECI Inspection refer to ‘‘bolthole ID crack’’ as defined Issued’’ sections, to clarify that the by ASB No. PW2000 A72–765. PW, Delta, FedEx, and UPS requested ‘‘subpopulation identified by the that the re-inspection required by manufacturer’’ refers to diffuser cases Request To Revise SUMMARY paragraph (f)(4)(ii) of this AD be manufactured or repaired using wrought PW requested that we clarify in the changed to occur ‘‘within 2,500 cycles flanges. Also, PW and Delta want to SUMMARY that FPI is performed at ‘‘piece since last ECI or last piece-part FPI clarify that repaired flanges cannot be part opportunity.’’ inspection, whichever occurs last’’ distinguished from non-repaired since We disagree. The compliance section instead of ‘‘within 2,500 cycles since they share the same part number. of this AD specifies that the FPI is last ECI or last piece-part FPI We partially agree. The summary of performed at piece-part opportunity. inspection, whichever occurs first’’ as an AD is not intended to provide the The SUMMARY is not intended to provide proposed. The commenters indicated level of detail requested by the that level of detail. We did not change that using the criteria ‘‘whichever commenters, but we added a reference this AD. occurs first’’ would not allow the to clarify that we are referring to a repetitive inspection interval to be reset certain population of diffuser cases. The Request To Revise Definition following an ECI inspection. PW also ‘‘Actions Since AD 2014–05–32 Was Delta requested that the Definition of commented that the repetitive Issued’’ section does not exist in a final ‘‘piece-part opportunity’’ in paragraph inspections required by paragraph rule AD, but we clarified in the (g) of this AD be revised to exclude (f)(4)(ii) of this AD should reference PW Discussion sections of this AD that we diffuser cases that will not be returned ASB No. PW2000 A72–765, Revision are referring to diffuser cases that to service. Delta noted that diffuser No. 2, dated August 12, 2016. incorporate a wrought M-flange. We also cases that will be scrapped should not We partially agree. We agree that added a statement in the Discussion to be required to be inspected. changing the criteria in paragraph note that repaired flanges cannot be We disagree. This AD is only (f)(4)(ii) of this AD to ‘‘whichever occurs distinguished from non-repaired applicable to parts that are installed. last’’ maintains an acceptable level of flanges. Parts that will be scrapped do not need safety and changed this paragraph to be inspected. We did not change this Request To Update Service Information accordingly. Paragraph (f)(4) of this AD AD. References references direct compliance in Request To Revise Previous Credit accordance with PW ASB No. PW2000 PW, Delta, United, and FedEx Section A72–765, Revision No. 2, dated August requested that we revise references in 12, 2016. There is no need to repeat that the compliance section of this AD from PW and Delta requested that the instruction in paragraph (f)(4)(ii). PW ASB No. PW2000 A72–765, reference to the HPT case M-flange be Revision No. 1, dated July 13, 2016, to removed from the Credit for Previous Request To Revise Initial Inspection PW ASB No. PW2000 A72–765, Actions section of this AD. PW Threshold Revision No. 2, dated August 12, 2016. commented that only the diffuser case Delta and United requested that the PW and Delta also requested that we M-flange should be referenced. initial inspection intervals be increased. allow compliance to later revisions of PW also requested that in the Credit Delta also requested that the initial this ASB. PW and Delta indicated that for Previous Actions section we refer to inspection threshold of 5,500 cycles they expect an additional revision to PW ASB No. PW2000 A72–765,

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Revision No. 2, dated August 12, 2016, We agree. We updated the • Are consistent with the intent that instead of Revision No. 1 of this SB. PW manufacturer’s contact information in was proposed in the NPRM for and Delta asked that we correct the date the ADDRESSES and Material correcting the unsafe condition; and of PW SB No. PW2000 72–763, Revision Incorporated by Reference sections of • Do not add any additional burden No. 1, from August 13, 2013, to August this AD. upon the public than was already 30, 2013. proposed in the NPRM. Request To Revise Costs of Compliance We also determined that these We partially agree. We disagree with Estimate removing the reference to the HPT case changes will not increase the economic M-flange. In order to have complied PW commented that that this AD burden on any operator or increase the with this AD, the operator must have affects 638 engines installed on U.S. scope of this AD. performed an ECI of the diffuser and airplanes. FedEx commented that the Related Service Information Under 1 HPT case M-flange as specified in this cost of the repetitive ECI proposed in CFR Part 51 AD. As noted in our previous comment this AD is $618,800. We reviewed PW SB No. PW2000 72– response, we agreed to update the We disagree. When AD 2014–05–32 763, Revision No. 1, dated August 30, reference to PW ASB No. PW2000 A72– was issued, there were only 638 affected 2013; and PW ASB No. PW2000 A72– 765 to Revision No. 2 in the compliance engines in the U.S. Registry. However, 765, Revision No. 2, dated August 12, section of this AD. We do not need to a more recent inquiry for this AD 2016. This service information describes refer to Revision No. 2 in the Credit for located 910 engines listed in the U.S. procedures for a one-time ECI Previous Actions section. The purpose Registry. We disagree with FedEx that inspection of the engine diffuser case of the Credit for Previous Actions the cost for a repetitive ECI is $618,800 and the HPT case, and repetitive on- section is to allow credit for actions that because FedEx assumes all engines will wing ECIs of the engine diffuser case use earlier versions of service be subject to the repetitive ECI. We assembly, respectively. This service information required by this AD. We estimate that the additional inspections information is reasonably available agree to correct the date for PW SB No. affect only 339 of the 910 engines. We because the interested parties have PW2000 72–763, Revision No. 1, to did not change this AD. access to it through their normal course August 30, 2013. Conclusion of business or by the means identified Request Update to Contact Information in the ADDRESSES section. We reviewed the relevant data, PW requested that we update the considered the comments received, and Costs of Compliance manufacturer’s contact information in determined that air safety and the We estimate that this AD affects 910 this AD to Pratt & Whitney, 400 Main public interest require adopting this AD engines installed on airplanes of U.S. St., East Hartford, CT 06118; phone: with the changes described previously registry. 860–565–0140 ; fax: 860–565–5442; and minor editorial changes. We have We estimate the following costs to email: [email protected]. determined that these minor changes: comply with this AD:

ESTIMATED COSTS

Cost on U.S. Action Labor cost Parts cost Cost per product operators

On-wing/module ECI Inspection 8 work-hours × $85 per hour = $0 $680 ...... $230,520 per inspection $680. cycle. FPI Inspection ...... 3 work-hours × $85 per hour = 20 $275 per inspection cycle ..... $250,250 per inspection $255. cycle.

Authority for This Rulemaking products identified in this rulemaking (3) Will not affect intrastate aviation Title 49 of the United States Code action. in Alaska to the extent that it justifies making a regulatory distinction, and specifies the FAA’s authority to issue Regulatory Findings rules on aviation safety. Subtitle I, (4) Will not have a significant Section 106, describes the authority of We have determined that this AD will economic impact, positive or negative, the FAA Administrator. Subtitle VII, not have federalism implications under on a substantial number of small entities Aviation Programs, describes in more Executive Order 13132. This AD will under the criteria of the Regulatory detail the scope of the Agency’s not have a substantial direct effect on Flexibility Act. authority. the States, on the relationship between We are issuing this rulemaking under the national government and the States, List of Subjects in 14 CFR Part 39 the authority described in Subtitle VII, or on the distribution of power and Air transportation, Aircraft, Aviation Part A, Subpart III, Section 44701, responsibilities among the various ‘‘General requirements.’’ Under that safety, Incorporation by reference, levels of government. section, Congress charges the FAA with Safety. For the reasons discussed above, I promoting safe flight of civil aircraft in Adoption of the Amendment air commerce by prescribing regulations certify that this AD: for practices, methods, and procedures (1) Is not a ‘‘significant regulatory Accordingly, under the authority the Administrator finds necessary for action’’ under Executive Order 12866, delegated to me by the Administrator, safety in air commerce. This regulation (2) Is not a ‘‘significant rule’’ under the FAA amends 14 CFR part 39 as is within the scope of that authority follows: because it addresses an unsafe condition DOT Regulatory Policies and Procedures that is likely to exist or develop on (44 FR 11034, February 26, 1979),

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PART 39—AIRWORTHINESS (4) Use, as applicable, either the 7772; fax: 781–238–7199; email: DIRECTIVES Accomplishment Instructions, ‘‘For Engines [email protected]. Installed on the Aircraft,’’ paragraphs 3.(I) (k) Material Incorporated by Reference ■ 1. The authority citation for part 39 through 3.(J), or the Accomplishment Instructions, ‘‘For Engines Removed from the (1) The Director of the Federal Register continues to read as follows: Aircraft,’’ paragraphs 3.(D) through 3.(E), of approved the incorporation by reference Authority: 49 U.S.C. 106(g), 40113, 44701. PW Alert Service Bulletin (ASB) No. PW2000 (IBR) of the service information listed in this A72–765, Revision No. 2, dated August 12, paragraph under 5 U.S.C. 552(a) and 1 CFR § 39.13 [Amended] 2016 to do the ECI as follows: part 51. (2) You must use this service information ■ 2. The FAA amends § 39.13 by (i) Perform an initial inspection within the following period, whichever occurs later: as applicable to do the actions required by removing Airworthiness Directive (AD) (A) Within 5,500 cycles since new or since this AD, unless the AD specifies otherwise. 2014–05–32, Amendment 39–17804 (79 M-flange replacement, or (i) Pratt & Whitney (PW) Service Bulletin FR 17856, March 31, 2014), and adding (B) Within 2,500 cycles since last piece- No. PW2000 72–763, Revision No. 1, dated the following new AD: part FPI inspection, or August 30, 2013. (ii) PW Alert Service Bulletin No. PW2000 2017–11–06 Pratt & Whitney: Amendment (C) Within 1,000 cycles from the effective date of this AD. A72–765, Revision No. 2, dated August 12, 39–18905; Docket No. FAA–2013–0740; 2016. Directorate Identifier 2013–NE–24–AD. (ii) If no crack indications are found, re- inspect within 2,500 cycles since last ECI or (3) For PW service information identified (a) Effective Date last piece-part FPI inspection, whichever in this AD, contact Pratt & Whitney,400 Main St., East Hartford, CT 06118; phone: 860– This AD is effective July 18, 2017. occurs later. (iii) If bolthole ID crack indications are 565–0140; fax: 860–565–5442; email: (b) Affected ADs found, measure the length and determine the [email protected]. This AD replaces AD 2014–05–32, re-inspect interval in accordance with: (4) You may view this service information Amendment 39–17804 (79 FR 17856, March (A) Paragraphs 5.(C) through 5.(D) of PW at the FAA, Engine & Propeller Directorate, 31, 2014). ASB No. PW2000 A72–765, Revision No. 2, 1200 District Avenue, Burlington, MA. For dated August 12, 2016 ‘‘For Engines Installed information on the availability of this (c) Applicability on the Aircraft’’; or material at the FAA, call 781–238–7125. This AD applies to all Pratt & Whitney (B) Paragraphs 4.(C) through 4.(D) of PW (5) You may view this service information (PW) PW2037, PW2037D, PW2037M, ASB No. PW2000 A72–765, Revision No. 2, at the National Archives and Records PW2040, PW2040D, PW2043, PW2143, dated August 12, 2016, ‘‘For Engines Administration (NARA). For information on PW2643, and F117–PW–100 turbofan Removed from the Aircraft.’’ the availability of this material at NARA, call engines. (iv) Remove from service diffuser cases 202–741–6030, or go to: http:// with bolthole ID cracks exceeding 0.170 www.archives.gov/federal-register/cfr/ibr- (d) Subject inches. locations.html. Joint Aircraft System Component (JASC) (g) Definition Issued in Burlington, Massachusetts, on Code 72, Turbine/Turboprop Engine. May 17, 2017. For the purpose of this AD, piece-part (e) Unsafe Condition Robert J. Ganley, opportunity is defined as when the part is This AD was prompted by a rupture of the completely disassembled. Acting Manager, Engine & Propeller diffuser-to-high-pressure turbine (HPT) case Directorate, Aircraft Certification Service. flange. We are issuing this AD to prevent (h) Credit for Previous Actions [FR Doc. 2017–12078 Filed 6–12–17; 8:45 am] failure of the diffuser-to-HPT case flange, (1) You may take credit for the diffuser BILLING CODE 4910–13–P which could lead to uncontained engine case and HPT case inspections required by failure and damage to the airplane. paragraphs (f)(1) and (3) of this AD if you performed: (f) Compliance DEPARTMENT OF TRANSPORTATION (i) An ECI of the diffuser case and the HPT Unless already done, comply with this AD case M-flange using the Accomplishment Federal Aviation Administration within the compliance times specified. Instructions of PW SB No. PW2000 72–763, (1) For diffuser case, part number (P/N) Revision No. 1, dated August 30, 2013, or an 1B7461, serial numbers (S/Ns) DGGUAK1306 earlier version; or 14 CFR Part 39 and DGGUAK1308, and HPT case, P/N (ii) a high sensitivity FPI of the diffuser [Docket No. FAA–2016–9512; Directorate 1B2440, S/N DKLBCS1032: case and the HPT case at a piece-part Identifier 2016–NE–27–AD; Amendment 39– (i) Within 100 flight cycles or 30 days after opportunity after January 1, 2010. 18909; AD 2017–11–10] May 5, 2014, whichever is later, eddy current (2) You may take credit for only the inspect the diffuser case and the HPT case M- diffuser case inspections required by RIN 2120–AA64 flange. Use PW Service Bulletin (SB) No. paragraphs (f)(1) and (3) of this AD if you PW2000 72–763, Revision No. 1, dated performed an ECI of the M-flange using the Airworthiness Directives; Lycoming August 30, 2013, to do the inspection. Accomplishment Instructions of PW SB No. (ii) Reserved. PW2000 A72–765, Revision No. 1, dated July Engines Reciprocating Engines (2) For all diffuser and HPT cases, at the 13, 2016, or an earlier version. next piece-part opportunity and every piece- AGENCY: Federal Aviation part opportunity thereafter, perform a high (i) Alternative Methods of Compliance Administration (FAA), DOT. sensitivity fluorescent-penetrant inspection (AMOCs) ACTION: Final rule; request for (FPI) of the entire diffuser case rear flange The Manager, Engine Certification Office, comments. (M-flange) and boltholes, and the entire HPT FAA, may approve AMOCs for this AD. Use case forward flange (M-flange) and boltholes. the procedures found in 14 CFR 39.19 to SUMMARY: We are adopting a new (3) For diffuser cases that have not make your request. You may email your airworthiness directive (AD) for all incorporated PW SB PW2000–72–364 or have request to: [email protected]. Lycoming TIO–540–AJ1A reciprocating incorporated either PW SB PW2000–72–700 engines. This AD requires initial and or PW2000 Series Engine Manual, Repair-28, (j) Related Information Task 72–41–01–300–028 (M-flange For more information about this AD, repetitive inspections of engine exhaust replacement), perform initial and repetitive contact Brian Kierstead, Aerospace Engineer, system weld joints and torque checking eddy current inspections (ECIs) of the M- Engine Certification Office, FAA, Engine & the exhaust pipe flange mounting nuts. flange of the diffuser case in accordance with Propeller Directorate, 1200 District Avenue, This AD was prompted by several paragraph (f)(4) of this AD. Burlington, MA 01803; phone: 781–238– reports of engine exhaust leaks. We are

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issuing this AD to correct the unsafe 1600 Stewart Avenue, Suite 410, weld joints and torque checking the condition on these products. Westbury, NY 11590; phone: 516–228– exhaust pipe flange mounting nuts. 7337; fax: 516–794–5531; email: DATES: This AD is effective June 28, Differences Between This AD and the [email protected]. 2017. Service Information The Director of the Federal Register SUPPLEMENTARY INFORMATION: approved the incorporation by reference Table 1 of Lycoming Engines MSB No. of a certain publication listed in this AD Discussion 627C, dated November 17, 2016, provides a longer time between as of June 28, 2017. We received several reports of cracked inspections of the engine exhaust We must receive comments on this engine exhaust pipes and exhaust studs system when an operational carbon AD by July 28, 2017. pulling out from cylinders on Lycoming monoxide detector is installed in the ADDRESSES: You may send comments, TIO–540–AJ1A reciprocating engines. airplane. This AD does not consider using the procedures found in 14 CFR This AD requires initial and repetitive whether an operational carbon 11.43 and 11.45, by any of the following inspections of all engine exhaust system monoxide detector is installed in the methods: weld joints and torque checking the airplane. • Federal eRulemaking Portal: Go to exhaust pipe flange mounting nuts. We http://www.regulations.gov. Follow the are issuing this AD to prevent engine Interim Action instructions for submitting comments. exhaust leaks, which could lead to We consider this AD interim action. • Fax: 202–493–2251. uncontrolled engine fire, harmful • Lycoming is determining the root cause Mail: U.S. Department of exhaust gases entering the cabin for the unsafe condition identified in Transportation, Docket Operations, M– resulting in crew incapacitation, and this AD. Once a root cause is 30, West Building Ground Floor, Room damage to the airplane. determined, we will consider additional W12–140, 1200 New Jersey Avenue SE., rulemaking. Washington, DC 20590. Related Service Information Under 1 • Hand Delivery: U.S. Department of CFR Part 51 FAA’s Justification and Determination Transportation, Docket Operations, We reviewed Lycoming Engines of the Effective Date M–30, West Building Ground Floor, Mandatory Service Bulletin (MSB) No. An unsafe condition exists that Room W12–140, 1200 New Jersey 627C, dated November 17, 2016. The requires the immediate adoption of this Avenue SE., Washington, DC 20590, MSB describes procedures for exhaust AD. The FAA has found that the risk to between 9 a.m. and 5 p.m., Monday system inspection and flange nut torque the flying public justifies waiving notice through Friday, except Federal holidays. check. This service information is and comment prior to adoption of this For service information identified in reasonably available because the rule because engine exhaust leaks could this final rule, contact Lycoming interested parties have access to it lead to uncontrolled engine fire, Engines, 652 Oliver Street, through their normal course of business harmful exhaust gases entering the Williamsport, PA 17701; phone: 800– or by the means identified in the cabin resulting in crew incapacitation, 258–3279; fax: 570–327–7101; Internet: ADDRESSES section. and damage to the airplane. Therefore, www.lycoming.com/Lycoming/ Other Related Service Information we find that notice and opportunity for SUPPORT/TechnicalPublications/ prior public comment are impracticable ServiceBulletins.aspx. You may view We reviewed Lycoming Engines MSB and that good cause exists for making this service information at the FAA, No. 614A, dated October 10, 2014, this amendment effective in less than 30 Engine & Propeller Directorate, 1200 which provides maintenance days. District Avenue, Burlington, MA. For instructions on the exhaust system for information on the availability of this certain Lycoming engines. The FAA Comments Invited material at the FAA, call 781–238–7125. issued AD 2015–10–06, Amendment This AD is a final rule that involves It is also available on the internet at 39–18162 (80 FR 30345, May 28, 2015), requirements affecting flight safety and http://www.regulations.gov by searching (‘‘AD 2015–10–06’’) that mandates was not preceded by notice and an for and locating Docket No. FAA–2016– replacement of the turbocharger opportunity for public comment. 9512. mounting bracket and inspection of the However, we invite you to send any Examining the AD Docket exhaust pipes in accordance with written data, views, or arguments about Lycoming Engines MSB No. 614A, dated this AD. Send your comments to an You may examine the AD docket on October 10, 2014. The requirements in address listed under the ADDRESSES the Internet at http:// this AD are in addition to the section. Include the docket number www.regulations.gov by searching for requirements of AD 2015–10–06. FAA–2016–9512 and Directorate and locating Docket No. FAA–2016– Complying with AD 2015–10–06 and Identifier 2016–NE–27–AD at the 9512; or in person at the Docket Lycoming Engines MSB No. 614A, dated beginning of your comments. We Management Facility between 9 a.m. October 10, 2014, does not constitute specifically invite comments on the and 5 p.m., Monday through Friday, compliance with this AD. overall regulatory, economic, except Federal holidays. The AD docket environmental, and energy aspects of FAA’s Determination contains this AD, the regulatory this AD. We will consider all comments evaluation, any comments received, and We are issuing this AD because we received by the closing date and may other information. The street address for evaluated all the relevant information amend this AD because of those the Docket Office (phone: 800–647– and determined the unsafe condition comments. 5527) is in the ADDRESSES section. described previously is likely to exist or We will post all comments we Comments will be available in the AD develop in other products of the same receive, without change, to http:// docket shortly after receipt. type design. www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT: personal information you provide. We AD Requirements Norman Perenson, Aerospace Engineer, will also post a report summarizing each New York Aircraft Certification Office, This AD requires initial and repetitive substantive verbal contact we receive FAA, Engine & Propeller Directorate, inspections of all engine exhaust system about this AD.

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Costs of Compliance We estimate the following costs to We estimate that this AD affects 758 comply with this AD: engines, installed on airplanes of U.S. registry.

ESTIMATED COSTS

Cost per Action Labor cost Parts cost product Cost on U.S. operators

Inspection and torque check 1 work-hour × $85 per hour = $85 per inspection cycle .. $0.00 $85.00 $64,430.00 per inspection cycle.

Paperwork Reduction Act 13132. This AD will not have a (c) Applicability A federal agency may not conduct or substantial direct effect on the States, on This AD applies to all Lycoming TIO–540– sponsor, and a person is not required to the relationship between the national AJ1A reciprocating engines. respond to, nor shall a person be subject government and the States, or on the (d) Subject to penalty for failure to comply with a distribution of power and responsibilities among the various Joint Aircraft System Component (JASC) collection of information subject to the Code 7800, Engine Exhaust System. requirements of the Paperwork levels of government. Reduction Act unless that collection of For the reasons discussed above, I (e) Unsafe Condition information displays a current valid certify that this AD: This AD was prompted by several reports (1) Is not a ‘‘significant regulatory OMB control number. The control of engine exhaust leaks. We are issuing this action’’ under Executive Order 12866, number for the collection of information AD to prevent engine exhaust leaks, which (2) Is not a ‘‘significant rule’’ under could lead to uncontrolled engine fire, required by this AD is 2120–0056. The DOT Regulatory Policies and Procedures harmful exhaust gases entering the cabin paperwork cost associated with this AD (44 FR 11034, February 26, 1979), resulting in crew incapacitation, and damage has been detailed in the Costs of (3) Will not affect intrastate aviation to the airplane. Compliance section of this document in Alaska, and (f) Compliance and includes time for reviewing (4) Will not have a significant Comply with this AD within the instructions, as well as completing and economic impact, positive or negative, reviewing the collection of information. compliance times specified, unless already on a substantial number of small entities done. Therefore, all reporting associated with under the criteria of the Regulatory this AD is mandatory. Comments Flexibility Act. (g) Required Actions concerning the accuracy of this burden (1) For all engines, perform an initial and suggestions for reducing the burden List of Subjects in 14 CFR Part 39 exhaust system inspection within 10 hours should be directed to the FAA at 800 Air transportation, Aircraft, Aviation time in service (TIS) after the effective date Independence Ave. SW., Washington, safety, Incorporation by reference, of this AD as follows: DC 20591. ATTN: Information Safety. (i) Use the Required Action, paragraph 1. Collection Clearance Officer, AES–200. of Lycoming Engines Mandatory Service Adoption of the Amendment Bulletin (MSB) No. 627C, dated November Authority for This Rulemaking 17, 2016, to do the inspection. Accordingly, under the authority Title 49 of the United States Code (ii) For any part that fails the inspection delegated to me by the Administrator, required by paragraph (g)(1)(i) of this AD, specifies the FAA’s authority to issue the FAA amends 14 CFR part 39 as before further flight, replace the failed part rules on aviation safety. Subtitle I, follows: with a part eligible for installation. section 106, describes the authority of (iii) Use the Required Action, paragraph 3. the FAA Administrator. ‘‘Subtitle VII: PART 39—AIRWORTHINESS of Lycoming MSB No. 627C, dated November Aviation Programs’’ describes in more DIRECTIVES 17, 2016, to submit a survey to Lycoming detail the scope of the Agency’s Engines within 10 days of performing the authority. ■ 1. The authority citation for part 39 inspection. We are issuing this rulemaking under continues to read as follows: (2) For all engines, perform an initial torque check of the exhaust system flange the authority described in Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. nuts within 10 hours TIS after the effective Part A, Subpart III, Section 44701: § 39.13 [Amended] date of this AD, or within 100 hours TIS after ‘‘General requirements.’’ Under that the last exhaust system maintenance (ESM), section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by adding whichever occurs later, as follows: promoting safe flight of civil aircraft in the following new airworthiness (i) Use the Required Action, paragraph 2. air commerce by prescribing regulations directive (AD): of Lycoming Engines MSB No. 627C, dated November 17, 2016 to torque check the flange for practices, methods, and procedures 2017–11–10 Lycoming Engines the Administrator finds necessary for Reciprocating Engines (Type Certificate nuts. safety in air commerce. This regulation previously held by Textron Lycoming (ii) For any part that fails the check is within the scope of that authority Division, AVCO Corporation): required by paragraph (g)(2)(i) of this AD, because it addresses an unsafe condition Amendment 39–18909; Docket No. before further flight, replace the failed part with a part eligible for installation. that is likely to exist or develop on FAA–2016–9512; Directorate Identifier 2016–NE–27–AD. (iii) Use the Required Action, paragraph 3. products identified in this rulemaking of Lycoming MSB No. 627C, dated November action. (a) Effective Date 17, 2016, to submit a survey to Lycoming Regulatory Findings This AD is effective June 28, 2017. Engines within 10 days of performing the check. This AD will not have federalism (b) Affected ADs (3) For all engines with 1,000 hours TIS or implications under Executive Order None. less since the last ESM:

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(i) Repeat the actions required by Office, FAA, Engine & Propeller Directorate, This AD was prompted by analysis and paragraphs (g)(1)(i) through (iii) of this AD 1600 Stewart Avenue, Suite 410, Westbury, by cracks found in the high-pressure inclusive, every 25 hours TIS since the last NY 11590; phone: 516–228–7337; fax: 516– turbine (HPT) wheel during an ESM, or exhaust system inspection, 794–5531; email: [email protected]. inspection. This AD requires whichever occurs later. (2) Lycoming Engines MSB No. 614A, (ii) Repeat the actions required by dated October 10, 2014, which is not replacement of the affected HPT wheels paragraphs (g)(2)(i) through (iii) of this AD incorporated by reference in this AD, can be at new, lower life limits. We are issuing inclusive, every 100 hours TIS after the last obtained from Lycoming Engines using the this AD to correct the unsafe condition ESM, or torque check of the exhaust system contact information in paragraph (m)(3) of on these products. flange nuts, whichever occurs later. this AD. DATES: This AD is effective July 18, (4) For all engines with more than 1,000 (m) Material Incorporated by Reference 2017. hours TIS since the last ESM: The Director of the Federal Register (i) Repeat the actions required by (1) The Director of the Federal Register paragraphs (g)(1)(i) through (iii) of this AD approved the incorporation by reference approved the incorporation by reference inclusive, every 50 hours TIS since the last (IBR) of the service information listed in this of a certain publication listed in this AD ESM, or exhaust system inspection, paragraph under 5 U.S.C. 552(a) and 1 CFR as of July 18, 2017. whichever occurs later. part 51. ADDRESSES: For service information (ii) Repeat the actions required by (2) You must use this service information identified in this final rule, contact paragraphs (g)(2)(i) through (iii) of this AD as applicable to do the actions required by Rolls-Royce Corporation, 450 South this AD, unless the AD specifies otherwise. inclusive, every 100 hours TIS since the last Meridian Street, Mail Code NB–01–06, ESM, or torque check of the exhaust system (i) Lycoming Engines Mandatory Service flange nuts, whichever occurs later. Bulletin No. 627C, dated November 17, 2016. Indianapolis, IN 46225; phone: 317– (ii) Reserved. 230–3774; email: indy.pubs.services@ (h) Definitions (3) For Lycoming Engines service rolls-royce.com; Internet: www.rolls- For the purposes of this AD, ESM is any information identified in this AD, contact royce.com. You may view this service maintenance that requires the removal and Lycoming Engines, 652 Oliver Street, information at the FAA, Engine & replacement of any exhaust system pipe or Williamsport, PA 17701; phone: 800–258– Propeller Directorate, 1200 District turbocharger mounting bracket, or the re- 3279; fax: 570–327–7101; Internet: Avenue, Burlington, MA. For torqueing of the exhaust flange mounting www.lycoming.com/Lycoming/SUPPORT/ nuts. TechnicalPublications/ServiceBulletins.aspx. information on the availability of this (4) You may view this service information material at the FAA, call 781–238–7125. (i) Terminating Action at FAA, Engine & Propeller Directorate, 1200 It is also available on the Internet at The requirement in Required Action District Avenue, Burlington, MA. For http://www.regulations.gov by searching paragraph 3., to submit a survey to Lycoming information on the availability of this for and locating Docket No. FAA–2016– Engines ends one year after the effective date material at the FAA, call 781–238–7125. 9553. of this AD, but, the exhaust system (5) You may view this service information inspections in Required Actions paragraph at the National Archives and Records Examining the AD Docket 1., and torque checks of the exhaust system Administration (NARA). For information on You may examine the AD docket on flange nuts, in Required Actions paragraph the availability of this material at NARA, call the Internet at http:// 2., are still required. 202–741–6030, or go to: http:// www.regulations.gov by searching for (j) Paperwork Reduction Act Burden www.archives.gov/federal-register/cfr/ibr- locations.html. and locating Docket No. FAA–2016– Statement 9553; or in person at the Docket A federal agency may not conduct or Issued in Burlington, Massachusetts, on Management Facility between 9 a.m. May 24, 2017. sponsor, and a person is not required to and 5 p.m., Monday through Friday, respond to, nor shall a person be subject to Carlos A. Pestana, except Federal holidays. The AD docket a penalty for failure to comply with a Acting Assistant Directorate Manager, Engine collection of information subject to the contains this AD, the regulatory & Propeller Directorate, Aircraft Certification evaluation, any comments received, and requirements of the Paperwork Reduction Service. Act unless that collection of information other information. The address for the displays a current valid OMB Control [FR Doc. 2017–12075 Filed 6–12–17; 8:45 am] Docket Office (phone: 800–647–5527) is Number. The OMB Control Number for this BILLING CODE 4910–13–P Document Management Facility, U.S. information collection is 2120–0056. Public Department of Transportation, Docket reporting for this collection of information is Operations, M–30, West Building DEPARTMENT OF TRANSPORTATION estimated to be approximately 5 minutes per Ground Floor, Room W12–140, 1200 response, including the time for reviewing instructions, completing and reviewing the Federal Aviation Administration New Jersey Avenue SE., Washington, collection of information. All responses to DC 20590. this collection of information are mandatory. 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Kyri Comments concerning the accuracy of this Zaroyiannis, Aerospace Engineer, burden and suggestions for reducing the [Docket No. FAA–2016–9553; Directorate Chicago Aircraft Certification Office, burden should be directed to the FAA at: 800 Identifier 2016–NE–29–AD; Amendment 39– Small Airplane Directorate, FAA, 2300 18904; AD 2017–11–05] Independence Ave. SW., Washington, DC E. Devon Ave., Des Plaines, IL 60018; 20591, Attn: Information Collection RIN 2120–AA64 Clearance Officer, AES–200. phone: 847–294–7836; fax: 847–294– 7834; email: [email protected]. Airworthiness Directives; Rolls-Royce (k) Alternative Methods of Compliance SUPPLEMENTARY INFORMATION: (AMOCs) Corporation Turbofan Engines Discussion The Manager, New York Aircraft AGENCY: Federal Aviation Certification Office, FAA, may approve Administration (FAA), DOT. We issued a notice of proposed AMOCs for this AD. Use the procedures ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR found in 14 CFR 39.19 to make your request. part 39 by adding an AD that would (l) Related Information SUMMARY: We are adopting a new apply to certain RRC AE 3007C and (1) For more information about this AD, airworthiness directive (AD) for certain 3007C1 model turbofan engines. The contact Norman Perenson, Aerospace Rolls-Royce Corporation (RRC) AE NPRM published in the Federal Engineer, New York Aircraft Certification 3007C and 3007C1 turbofan engines. Register on February 22, 2017 (82 FR

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11327) (‘‘the NPRM’’). The NPRM was An individual commenter supported the The ASB provides updated life limits prompted by analysis and by cracks NPRM. for the affected HPT wheels. This service information is reasonably found in the HPT wheel during an Conclusion inspection. The NPRM proposed to available because the interested parties require replacement of the affected HPT We reviewed the relevant data, have access to it through their normal wheels at new, lower life limits. We are considered the comments received, and course of business or by the means issuing this AD to prevent uncontained determined that air safety and the identified in the ADDRESSES section. failure of the HPT wheels, damage to the public interest require adopting this AD as proposed. Costs of Compliance engine, and damage to the airplane. Related Service Information Under 1 We estimate that this AD affects 307 Comments CFR Part 51 engines installed on airplanes of U.S. We gave the public the opportunity to We reviewed RRC Alert Service registry. participate in developing this AD. We Bulletin (ASB) AE 3007C–A–72–318, We estimate the following costs to have considered the comment received. Revision 2, dated September 23, 2016. comply with this AD:

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Replacement of HPT wheel (Part Number (P/N) 0 work-hours × $85 per $39,171 (pro-rated cost of $39,171 $3,838,758 23062373, 23065891, or 23070664) at reduced life. hour = $0. part). Replacement of HPT wheel (P/N 23063462, 0 work-hours × $85 per $21,911 (pro-rated cost of 21,911 4,579,399 23065892, 23069116, 23069592, or 23074643) at hour = $0. part). reduced life.

Authority for This Rulemaking (3) Will not affect intrastate aviation (c) Applicability Title 49 of the United States Code in Alaska to the extent that it justifies (1) This AD applies to Rolls-Royce specifies the FAA’s authority to issue making a regulatory distinction, and Corporation (RRC) AE 3007C and 3007C1 rules on aviation safety. Subtitle I, (4) Will not have a significant turbofan engines with 1st stage high-pressure section 106, describes the authority of economic impact, positive or negative, turbine (HPT) wheels, part number (P/N) on a substantial number of small entities 23062373, 23065891, or 23070664; or with the FAA Administrator. Subtitle VII: 2nd stage HPT wheels, P/N 23063462, Aviation Programs, describes in more under the criteria of the Regulatory 23065892, 23069116, 23069592 (except those detail the scope of the Agency’s Flexibility Act. serial numbers (S/Ns) noted in paragraph authority. List of Subjects in 14 CFR Part 39 (c)(2) of this AD), or 23074643, installed. We are issuing this rulemaking under (2) This AD does not apply to RRC AE the authority described in Subtitle VII, Air transportation, Aircraft, Aviation 3007C and 3007C1 turbofan engines with 2nd Part A, Subpart III, Section 44701: safety, Incorporation by reference, stage HPT wheels, P/N 23069592, with S/Ns ‘‘General requirements.’’ Under that Safety. listed in Table 6 of RRC Alert Service section, Congress charges the FAA with Bulletin (ASB) AE 3007C–A–72–318, promoting safe flight of civil aircraft in Adoption of the Amendment Revision 2, dated September 23, 2016, installed. air commerce by prescribing regulations Accordingly, under the authority for practices, methods, and procedures delegated to me by the Administrator, (d) Subject the Administrator finds necessary for the FAA amends 14 CFR part 39 as Joint Aircraft System Component (JASC) safety in air commerce. This regulation follows: Code 7250, Turbine/turboprop Engine, is within the scope of that authority Turbine Section. because it addresses an unsafe condition PART 39—AIRWORTHINESS (e) Unsafe Condition that is likely to exist or develop on DIRECTIVES products identified in this rulemaking This AD was prompted by analysis and by action. ■ 1. The authority citation for part 39 cracks found in the HPT wheel during an continues to read as follows: inspection. We are issuing this AD to prevent Regulatory Findings uncontained failure of the HPT wheels, Authority: 49 U.S.C. 106(g), 40113, 44701. damage to the engine, and damage to the This AD will not have federalism airplane. implications under Executive Order § 39.13 [Amended] 13132. This AD will not have a (f) Compliance ■ substantial direct effect on the States, on 2. The FAA amends § 39.13 by adding Comply with this AD within the the relationship between the national the following new airworthiness compliance times specified, unless already government and the States, or on the directive (AD): done. distribution of power and 2017–11–05 Roll-Royce Corporation (Type (1) For all RRC AE 3007C or C1 engines responsibilities among the various Certificate previously held by Allison with an installed 1st stage HPT wheel, P/N levels of government. Engine Company): Amendment 39– 23062373, 23065891, or 23070664, or 2nd For the reasons discussed above, I 18904; Docket No. FAA–2016–9553; stage HPT wheel, P/N 23063462, 23065892, Directorate Identifier 2016–NE–29–AD. 23069116, 23069592 (except those S/Ns certify that this AD: excluded by paragraph (c)(2) of this AD) or (1) Is not a ‘‘significant regulatory (a) Effective Date 23074643, after the effective date of this AD, action’’ under Executive Order 12866, This AD is effective July 18, 2017. remove the affected wheels before exceeding (2) Is not a ‘‘significant rule’’ under the new life limits identified in paragraph C., DOT Regulatory Policies and Procedures (b) Affected ADs Table 1 of RRC ASB AE 3007C–A–72–318, (44 FR 11034, February 26, 1979), None. Revision 2, dated September 23, 2016.

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(2) After the effective date of this AD, do DEPARTMENT OF TRANSPORTATION Subtitle VII, Aviation Programs, not return to service any engine with an HPT describes in more detail the scope of the turbine wheel, with an affected P/N and an Federal Aviation Administration agency’s authority. This rulemaking is S/N, with a wheel life that exceeds the new promulgated under the authority life limits identified in paragraph C., Table 1 14 CFR Part 71 described in Subtitle VII, Part A, of RRC ASB AE 3007C–A–72–318, Revision [Docket No. FAA–2017–0107; Airspace Subpart I, Section 40103. Under that 2, dated September 23, 2016. Docket No. 16–AEA–11] section, the FAA is charged with (g) Alternative Methods of Compliance prescribing regulations to assign the use (AMOCs) Amendment and Removal of VOR of the airspace necessary to ensure the Federal Airways; Eastern United States safety of aircraft and the efficient use of The Manager, Chicago Aircraft airspace. This regulation is within the Certification Office, FAA, may approve AGENCY: Federal Aviation scope of that authority as it modifies the AMOCs for this AD. Use the procedures Administration (FAA), DOT. air traffic service route structure in the found in 14 CFR 39.19 to make your request. ACTION: Final rule. eastern United States to maintain the (h) Related Information efficient flow of air traffic. SUMMARY: This action modifies VOR For more information about this AD, Federal airways V–14, V–265, V–464, History contact Kyri Zaroyiannis, Aerospace and V–552, and removes V–90 in the On March 6, 2017, the FAA published Engineer, Chicago Aircraft Certification eastern United States due to the planned in the Federal Register a notice of Office, Small Airplane Directorate, FAA, decommissioning of the Dunkirk, NY, proposed rulemaking (NPRM) (82 FR 2300 E. Devon Ave., Des Plaines, IL 60018; VORTAC navigation aid, which 12523) Docket No. FAA–2017–0107, to phone: 847–294–7836; fax: 847–294–7834; provides navigation guidance for amend VOR Federal airways V–14, email: [email protected]. portions of the above routes. V–265, V–464, and V–552, and remove (i) Material Incorporated by Reference DATES: Effective date 0901, August 17, V–90, due to the planned (1) The Director of the Federal Register 2017. The Director of the Federal decommissioning of the Dunkirk, NY, approved the incorporation by reference Register approves this incorporation by VORTAC. Interested parties were (IBR) of the service information listed in this reference action under Title 1, Code of invited to participate in this rulemaking paragraph under 5 U.S.C. 552(a) and 1 CFR Federal Regulations, part 51, subject to effort by submitting written comments part 51. the annual revision of FAA Order on the proposal. One comment was (2) You must use this service information 7400.11 and publication of conforming received. as applicable to do the actions required by amendments. Discussion of Comment this AD, unless the AD specifies otherwise. ADDRESSES: FAA Order 7400.11A, The Aircraft Owners and Pilots (i) Rolls-Royce Corporation (RRC) Alert Airspace Designations and Reporting Service Bulletin AE 3007C–A–72–318, Association (AOPA) wrote that, for Points, and subsequent amendments can those VOR NAVAIDs that are to be Revision 2, dated September 23, 2016. be viewed online at http://www.faa.gov/ (ii) Reserved. _ decommissioned, and for those airways air traffic/publications/. For further that are correspondingly removed, the (3) For RRC service information identified information, you can contact the in this AD, contact Rolls-Royce Corporation, FAA should create an RNAV waypoint Airspace Policy Group, Federal Aviation at the previous NAVAID location and 450 South Meridian Street, Mail Code NB– Administration, 800 Independence 01–06, Indianapolis, IN 46225; phone: 317– retain all fixes and intersections along Avenue SW., Washington, DC 20591; that route by amending their definition 230–3774; email: indy.pubs.services@rolls- telephone: (202) 267–8783. The Order is royce.com; Internet: www.rolls-royce.com. to that of an RNAV waypoint. For this also available for inspection at the specific action, there are no plans to (4) You may view this service information National Archives and Records at the FAA, Engine & Propeller Directorate, replace the VORTAC and affected route Administration (NARA). For 1200 District Avenue, Burlington, MA 01803. fixes with RNAV waypoints as information on the availability of FAA For information on the availability of this suggested. However, the distance Order 7400.11A at NARA, call (202) material at the FAA, call 781–238–7125. measuring equipment (DME) function of 741–6030, or go to http:// (5) You may view this service information the Dunkirk VORTAC will be retained www.archives.gov/federal_register/ at the National Archives and Records in operation. In addition, to provide code_of_federal-regulations/ibr_ Administration (NARA). For information on alternative navigation guidance in place the availability of this material at NARA, call locations.html. of the airway segments that are being 202–741–6030, or go to: http:// FAA Order 7400.11, Airspace removed, the following routings are www.archives.gov/federal-register/cfr/ibr- Designations and Reporting Points, is available: locations.html. published yearly and effective on V–14 currently extends between September 15. Issued in Burlington, Massachusetts, on Chisum, NM, and Norwich, CT. This FOR FURTHER INFORMATION CONTACT: Paul May 17, 2017. action removes the Dunkirk, NY, Gallant, Airspace Policy Group, Office VORTAC from the route resulting in a Robert J. Ganley, of Airspace Services, Federal Aviation gap in the airway between Erie, PA, and Acting Manager, Engine & Propeller Administration, 800 Independence Buffalo, NY. The amended route Directorate, Aircraft Certification Service. Avenue SW., Washington, DC 20591; extends between Chisum, NM, and Erie, [FR Doc. 2017–12077 Filed 6–12–17; 8:45 am] telephone: (202) 267–8783. PA; and between Buffalo, NY, and BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: Norwich, CT. An alternative around the gap is V–270 from Erie, PA, to Authority for This Rulemaking Jamestown, NY, then V–115 to Buffalo, The FAA’s authority to issue rules NY, then rejoin V–14. regarding aviation safety is found in V–90 currently extends between Title 49 of the United States Code. Salem, MI, and Dunkirk, NY. This Subtitle I, Section 106 describes the action cancels the entire route. As an authority of the FAA Administrator. alternative, V–418 currently overlies the

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same routing between Salem, MI, and terminating the route at Aylmer, List of Subjects in 14 CFR Part 71 the BEWEL, OH, fix. At that point, V– Ontario, Canada. Airspace, Incorporation by reference, 418 continues east to the Jamestown, V–522: V–522 extends between Dryer, NY, VOR/DME where northbound Navigation (air). OH, and Toronto, Ontario, Canada. This traffic could transition to V–115 to rule eliminates the route segments The Amendment Buffalo, NY. V–464 currently extends between between Erie, PA, and Toronto, Ontario, In consideration of the foregoing, the Salem, MI, and Geneseo, NY. This Canada. The amended route extends Federal Aviation Administration action terminates the route at Aylmer, between Dryer, OH, and Erie, PA. amends 14 CFR part 71 as follows: ON. After Aylmer, aircraft could Regulatory Notices and Analyses transition to V–2 to Buffalo, NY, then PART 71—DESIGNATION OF CLASS A, V–14/V–84 to Geneseo, NY. The FAA has determined that this B, C, D, AND E AIRSPACE AREAS; AIR Domestic VOR Federal airways are regulation only involves an established TRAFFIC SERVICE ROUTES; AND published in paragraph 6010(a) of FAA body of technical regulations for which REPORTING POINTS Order 7400.11A dated August 3, 2016, frequent and routine amendments are and effective September 15, 2016, which necessary to keep them operationally ■ 1. The authority citation for part 71 is incorporated by reference in 14 CFR current. It, therefore: (1) Is not a continues to read as follows: 71.1. The VOR Federal airways listed in ‘‘significant regulatory action’’ under Authority: 49 U.S.C. 106(f), 106(g), 40103, this document will be subsequently Executive Order 12866; (2) is not a 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, published in the Order. ‘‘significant rule’’ under Department of 1959–1963 Comp., p. 389. Availability and Summary of Transportation (DOT) Regulatory § 71.1 [Amended] Documents for Incorporation by Policies and Procedures (44 FR 11034; Reference February 26, 1979); and (3) does not ■ 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, This document amends FAA Order warrant preparation of a regulatory Airspace Designations and Reporting 7400.11A, Airspace Designations and evaluation because the anticipated Points, dated August 3, 2016 and Reporting Points, dated August 3, 2016, impact is so minimal. Since this is a effective September 15, 2016, is and effective September 15, 2016. FAA routine matter that only affects air traffic amended as follows: Order 7400.11A is publicly available as procedures and air navigation, it is listed in the ADDRESSES section of this certified that this rule does not have a Paragraph 6010(a) Domestic VOR Federal document. FAA Order 7400.11A lists significant economic impact on a Airways. Class A, B, C, D, and E airspace areas, substantial number of small entities * * * * * air traffic service routes, and reporting under the criteria of the Regulatory V–14 [Amended] points. Flexibility Act. From Chisum, NM; Lubbock, TX; The Rule Environmental Review Childress, TX; Hobart, OK; Will Rogers, OK; ° ° This final rule amends Title 14, Code INT Will Rogers 052 and Tulsa, OK 246 The FAA has determined that this radials; Tulsa; Neosho, MO; Springfield, MO; of Federal Regulations (14 CFR) part 71 action of modifying VOR Federal Vichy, MO; INT Vichy 067° and St. Louis, by modifying VOR Federal airways airways in the eastern United States due MO, 225° radials; St. Louis; Vandalia, IL; V–14, V–265, V–464, and V–552, and to the planned decommissioning of the Terre Haute, IN; Brickyard, IN; Muncie, IN; removing V–90 due to the planned ° Dunkirk, NY VORTAC navigation aid Flag City, OH; INT Flag City 079 and Dryer, decommissioning of the Dunkirk, NY, ° qualifies for categorical exclusion under OH, 240 radials; Dryer; Jefferson, OH; to VORTAC. The route changes are Erie, PA. From Buffalo, NY; Geneseo, NY; the National Environmental Policy Act described below. Georgetown, NY; INT Georgetown 093° and and its agency-specific implementing V–14: V–14 extends between Chisum, Albany, NY, 270° radials; Albany; INT regulations in FAA Order 1050.1F, ° ° NM, and Norwich, CT. This rule Albany 084 and Gardner, MA, 284 radials; removes the segments between Erie, PA, ‘‘Environmental Impacts: Policies and Gardner; to Norwich, CT. Procedures’’ regarding categorical and Buffalo, NY, thus eliminating V–90 [Removed] Dunkirk, NY from the route. The exclusions for procedural actions at V–265 [Amended] amended route extends between paragraph 5–6.5a, which categorically excludes from full environmental From INT Washington, DC, 043° and Chisum, NM, and Erie, PA, and between ° Buffalo, NY, and Norwich, CT. impact review rulemaking actions that Westminster, MD, 179 radials; via Westminster; V–90: V–90 extends between Salem, designate or modify classes of airspace areas, airways, routes, and reporting Harrisburg, PA; Philipsburg, PA; Keating, MI, and Dunkirk, NY. V–90 is removed NY; Bradford, PA; to Jamestown, NY. in its entirety. points. Therefore, this airspace action is V–265: V–265 extends between the not expected to result in any significant V–464 [Amended] intersection of the Washington, DC, 043° environmental impacts. In accordance From Salem, MI; via INT Salem 082° and and the Westminster, MD, 179° radials with FAA Order 1050.1F, paragraph Aylmer, ON, Canada, 261° radials; to Aylmer, and Toronto, ON, Canada. This rule 5–2 regarding Extraordinary ON. The airspace within Canada is excluded. removes the segments between Circumstances, this action has been V–522 [Amended] reviewed for factors and circumstances Jamestown, NY, and Toronto, ON, From Dryer, OH; INT Dryer 049° and Erie, Canada, thus terminating the northern in which a normally categorically PA, 258° radials; to Erie. end of the route at Jamestown, NY. excluded action may have a significant V–464: V–464 extends from Salem, environmental impact requiring further Issued in Washington, DC, on June 6, 2017. MI, through Aylmer, Ontario, Canada to analysis, and it is determined that no Scott M. Rosenbloom, Geneseo, NY. This rule removes the extraordinary circumstances exist that Acting Manager, Airspace Policy Group. segment between Aylmer, Ontario, warrant preparation of an [FR Doc. 2017–12111 Filed 6–12–17; 8:45 am] Canada, and Geneseo, NY, thus environmental assessment. BILLING CODE 4910–13–P

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DELAWARE RIVER BASIN Division Commander of the U.S. Army List of Subjects Corps of Engineers. COMMISSION 18 CFR Part 401 In accordance with 18 CFR 401.43(c), 18 CFR Parts 401 and 420 on July 1 of every year beginning July Administrative practice and 1, 2017, the Commission’s regulatory procedure, Project review, Water Regulatory Program Fees and Water program fees as set forth in Tables 1, 2, pollution control, Water resources. Charges Rates and 3 of that section are subject to an 18 CFR Part 420 AGENCY: Delaware River Basin annual adjustment, commensurate with Commission. any increase in the annual April 12- Water supply. month Consumer Price Index (CPI) for ACTION: Final rule. For the reasons set forth in the Philadelphia published by the U.S. preamble, the Delaware River Basin SUMMARY: Notice is provided of the Bureau of Labor Statistics during that Commission amends parts 401 and 420 Commission’s regulatory program fees year. Pursuant to 18 CFR 420.43(c), the of title 18 of the Code of Federal and schedule of water charges for the same indexed adjustment applies to the Regulations as set forth below: fiscal year beginning July 1, 2017. The Commission’s schedule of water charges Commission is also correcting two for consumptive and non-consumptive PART 401—RULES OF PRACTICE AND footnotes in the regulations which cite withdrawals of surface water within the PROCEDURE incorrectly to the applicable CPI data basin. The referenced April 12-month series. CPI for 2017 showed an increase of ■ 1. The authority citation for part 401 1.27%. Commensurate adjustments are continues to read as follows: DATES: This final rule is effective July 1, thus required. 2017. Authority: Delaware River Basin Compact This notice is made in accordance (75 Stat. 688), unless otherwise noted. FOR FURTHER INFORMATION CONTACT: Elba with 18 CFR 401.42(c) and 18 CFR L. Deck, CPA, Director of 420.42(c), which provide that a revised Subpart C—Project Review Under Administration and Finance, 609–883– fee schedule will be published in the Section 3.8 of the Compact 9500, ext. 201. Federal Register by July 1. The revised SUPPLEMENTARY INFORMATION: The fees also may be obtained by contacting ■ 2. In § 401.43, revise footnote 1 and Delaware River Basin Commission the Commission during business hours Tables 1, 2, and 3 to read as follows: (‘‘DRBC’’ or ‘‘Commission’’) is a or by checking the Commission’s Web § 401.43 Regulatory program fees. Federal-interstate compact agency site. charged with managing the water The Commission is also correcting * * * * * resources of the Delaware River Basin two footnotes in the regulations which 1 Consumer Price Index –U/Series ID: on a regional basis without regard to cite incorrectly to the applicable CPI CUURA102SA0/Not Seasonally political boundaries. Its members are data series as CWURA102SA0. The Adjusted/Area: Philadelphia- the governors of the four basin states— correct data series number is Wilmington-Atlantic City, PA–NJ–DE– Delaware, New Jersey, New York and CUUA102SA0. The regulations are thus MD/Item: All items/Base Period 1982– Pennsylvania—and on behalf of the incorrect and in need of amendment, as 84=100. federal government, the North Atlantic set forth below. * * * * *

TABLE 1 TO § 401.43—DOCKET APPLICATION FILING FEE

Project type Docket application fee Fee maximum

Water Allocation ...... $405 per million gallons/month of allocation,1 not to exceed Greater of: $15,190 1 or Alternative Review Fee. $15,190.1 Fee is doubled for any portion to be exported from the basin. Wastewater Discharge Private projects: $1,013 1 ...... Alternative Review Fee. Public projects: $506 1 ...... Other ...... 0.4% of project cost up to $10,000,000 plus 0.12% of project Greater of: $75,951 1 or Alternative Review Fee. cost above $10,000,000 (if applicable), not to exceed $75,951 1. 1 Subject to annual adjustment in accordance with paragraph (c) of this section.

TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE

Annual fee Allocation

Water Allocation ...... 1 $304 <4.99 mgm. 1 456 5.00 to 49.99 mgm. 1 658 50.00 to 499.99 mgm. 1 835 500.00 to 9,999.99 mgm. 1 1,013 >or = to 10,000 mgm.

Annual fee Discharge design capacity

Wastewater Discharge ...... 1 $304 <0.05 mgd. 1 618 0.05 to 1 mgd. 1 830 1 to 10 mgd.

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TABLE 2 TO § 401.43—ANNUAL MONITORING AND COORDINATION FEE—Continued Annual fee Discharge design capacity

1 1,013 >10 mgd. 1 Subject to annual adjustment in accordance with paragraph (c) of this section.

TABLE 3 TO § 401.43—ADDITIONAL FEES

Proposed action Fee Fee maximum

Emergency Approval Under 18 CFR 401.40 ...... $5,000 ...... Alternative Review Fee. Late Filed Renewal Surcharge ...... $2,000 ...... Modification of a DRBC Approval...... At Executive Director’s discretion, Docket Application Alternative Review Fee. Fee for the appropriate project type. Name change ...... $1,013 1 ...... Change of Ownership ...... $1,519 1 ...... 1 Subject to annual adjustment in accordance with paragraph (c) of this section.

PART 420—BASIN REGULATIONS— Benefit Guaranty Corporation that Background WATER SUPPLY CHARGES governs the examination and copying of The Pension Benefit Guaranty PBGC records. Corporation (PBGC) is amending its ■ 3. The authority citation for part 420 DATES: regulation on Examination and Copying continues to read as follows: Effective date: June 13, 2017. of PBGC Records (29 CFR part 4901) Authority: Delaware River Basin Compact, Applicability date: Like the provisions (FOIA regulation) to incorporate 75 Stat. 688. of the FOIA Improvement Act of 2016 statutory changes to the Freedom of ■ 4. In § 420.41, revise paragraphs (a) that this rule incorporates, and which Information Act (5 U.S.C. 551 et seq.) and (b) and footnote 1 to read as PBGC has been following since the Act (FOIA). The majority of the regulatory follows: became effective on June 30, 2016, the changes are specifically required by the FOIA Improvement Act of 2016 (2016 § 420.41 Schedule of water charges. amendments in this rule apply to requests for records under the Freedom Act). Section 3 of the 2016 Act requires * * * * * federal agencies to review their FOIA (a) $81.01 per million gallons for of Information Act that are made after June 30, 2016. regulations and to make conforming consumptive use, subject to paragraph amendments, as necessary, to (c) of this section; and FOR FURTHER INFORMATION CONTACT: (b) $0.81 per million gallons for non- Samantha M. Lowen (lowen.samantha@ incorporate the 2016 Act’s changes to consumptive use, subject to paragraph pbgc.gov), Attorney, Regulatory Affairs the FOIA. In addition to the changes (c) of this section. Group, Office of the General Counsel, required under the 2016 Act, PBGC is Pension Benefit Guaranty Corporation, making one other amendment to its * * * * * FOIA regulation that incorporates a 1 Consumer Price Index—U/Series ID: 1200 K Street NW., Washington, DC previous statutory change under the CUURA102SA0/Not Seasonally 20005–4026; 202–326–4400, extension Open Government Act of 2007 (2007 Adjusted/Area: Philadelphia- 3786. (TTY and TDD users may call the Act). Wilmington-Atlantic City, PA–NJ–DE– Federal relay service toll-free at 800– MD/Item: All items/Base Period 1982– 877–8339 and ask to be connected to Regulatory Changes 84=100. 202–326–4400, extension 3786.) Electronic Reading Room Dated: June 7, 2017. SUPPLEMENTARY INFORMATION: PBGC is amending §§ 4901.3, 4901.4, Pamela M. Bush, Executive Summary and 4901.5 of its FOIA regulation by Commission Secretary. Purpose of the Rule replacing the references to PBGC’s [FR Doc. 2017–12233 Filed 6–12–17; 8:45 am] ‘‘public reference room’’ with references BILLING CODE 6360–01–P This rule is needed to incorporate to its ‘‘electronic reading room.’’ changes to the Freedom of Information Before the 2016 Act, the FOIA Act made by the FOIA Improvement Act required agencies to affirmatively make PENSION BENEFIT GUARANTY of 2016. Authority for this rule is certain categories of records ‘‘available CORPORATION provided by section 4002(b)(3) of the for public inspection and copying’’ Employee Retirement Income Security without prompting by formal request. 29 CFR Part 4901 Act of 1974 and the FOIA Improvement Like most agencies, PBGC complied RIN 1212–AB43 Act of 2016. with this requirement by maintaining a physical ‘‘reference room’’ to house Major Provisions of the Rule Examination and Copying of PBGC these records (and indices thereto), Records This rule provides for an electronic which members of the public could AGENCY: Pension Benefit Guaranty reading room for records, expands the inspect and copy in person. The e-FOIA Corporation. categories of records in the reading Amendments of 1996 (1996 Act) room, updates the standard for ACTION: Final rule. provided that agencies could disclosure, requires additional notice to supplement or entirely replace their SUMMARY: In accordance with the FOIA requesters about FOIA resources, physical reading rooms with electronic Improvement Act of 2016, this rule extends the appeal deadline, and places reading rooms, where members of the amends the regulation of the Pension restrictions on fees. public could access the affirmatively

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disclosed material online. Consistent a requester, to offer the services of the regulatory amendments result in a net with the 1996 Act, PBGC began agency’s FOIA Public Liaison and, if the benefit to the public. maintaining an electronic reading room determination is adverse, to notify the The amendments of PBGC’s FOIA several years ago. The 2016 Act further requester of the services provided by the regulation contained herein concern modernized the FOIA by replacing the Office of Government Information matters of agency procedure and requirement to make these records Services (OGIS).1 Accordingly, PBGC is practice. They provide additional ‘‘available for public inspection and amending § 4901.14 by adding these protection to the public and are being copying’’ with the requirement to make notice requirements to PBGC’s adopted in accordance with the them ‘‘available for public inspection in obligations when responding to FOIA provisions of the 2016 Act. Pursuant to an electronic format.’’ Under the 2016 requests. 5 U.S.C. 553(b), general notice of proposed rulemaking is not required. Act, physical reading rooms are Appeal Deadline effectively obsolete. Because no general notice of proposed Consistent with these revisions to the PBGC is amending § 4901.15 of its rulemaking is required for this rule, the FOIA, PBGC is amending its FOIA FOIA regulation by increasing the Regulatory Flexibility Act of 1980 does regulation by removing the now appeal deadline from 30 to 90 days, in not apply. See 5 U.S.C. 601. outdated references to PBGC’s public conformity with the 90-day minimum List of Subjects in 29 CFR Part 4901 reference room and adding a description time period established by the 2016 Act. (including the location) of PBGC’s Fee Exception Freedom of information. electronic reading room. In consideration of the foregoing, PBGC is amending § 4901.31 of its PBGC is amending 29 CFR part 4901 as Affirmative Disclosure of Certain FOIA regulation to include new follows. Records restrictions under the 2016 Act on PBGC is amending § 4901.4 of its PBGC’s ability to charge fees in certain PART 4901—EXAMINATION AND FOIA regulation to include two situations. Under the amended COPYING OF PENSION BENEFIT additional types of records in its regulation, if PBGC fails to respond to GUARANTY CORPORATION electronic reading room. a request within the time specified RECORDS Both the 2007 Act and the 2016 Act under paragraph (a)(6) of the FOIA, added to the list of records that agencies PBGC generally may not charge the ■ 1. The authority citation for part 4901 must disclose without formal request. applicable search or duplication fees continues to read as follows: As amended, the FOIA requires each unless specific conditions—established Authority: 5 U.S.C. 552, 29 U.S.C. agency to affirmatively release certain by the 2016 Act—have been met. 1302(b)(3), E.O. 12600, 52 FR 23781, 3 CFR, records that the agency determines are Compliance With Rulemaking 1987 Comp., p. 235. likely to be the subject of future Guidelines ■ 2. Revise § 4901.3 to read as follows: requests, as well as certain others that PBGC has determined that this have been the subject of three or more § 4901.3 Electronic reading room. rulemaking is not a ‘‘significant requests. The FOIA also requires The PBGC will maintain an electronic regulatory action’’ under Executive reading room on its Web site, agencies to redact such records to the Order 12866. Accordingly, Executive www.pbgc.gov, where persons may extent necessary to protect personal Order 13771 does not apply to this rule, inspect in an electronic format all privacy interests before adding them to and the rule has not been reviewed by records made available for such the electronic reading room. the Office of Management and Budget Consistent with this change, PBGC is under Executive Order 12866. purposes under this part. amending the list of records available in Executive Orders 12866 and 13563 ■ 3. Amend § 4901.4 as follows: its electronic reading room at § 4901.4. direct agencies to assess all costs and ■ a. Revise the section heading and Foreseeable Harm benefits of available regulatory introductory text. alternatives and, if regulation is ■ b. In paragraph (d)(1), remove the PBGC is amending § 4901.5 of its necessary, to select regulatory comma at the end of the paragraph and FOIA regulation to incorporate the 2016 approaches that maximize net benefits add a semicolon in its place. Act’s ‘‘foreseeable harm’’ standard for ■ (including potential economic, c. In paragraphs (d)(2) and (3), remove responsive disclosures. ‘‘, and’’ and add a semicolon in its The 2016 Act provides that an agency environmental, public health and safety effects, distributive impacts, and place. should only withhold information ■ d. Add paragraphs (d)(4) and (5). under the FOIA ‘‘if the agency equity). Executive Order 13563 emphasizes the importance of The revisions and additions read as reasonably foresees that disclosure follows: would harm an interest protected by an quantifying both costs and benefits, of exemption [under the FOIA]’’ or if reducing costs, of harmonizing rules, § 4901.4 Information maintained in disclosure is otherwise prohibited by and of promoting flexibility. electronic reading room. Although this is not a significant law. Accordingly, PBGC is amending The PBGC shall make available for regulatory action under Executive Order § 4901.5, which sets forth PBGC’s public inspection in an electronic 12866, PBGC has examined the general policy of openness under the format without formal request— economic implications of this final rule. FOIA, by adding this foreseeable harm * * * * * PBGC has concluded that because these exception to disclosure. (d) * * * proposed amendments incorporate (4) Frequently requested records. Additional Notice to Requesters statutory changes that facilitate the Records that have been released under PBGC is amending § 4901.14 of its public’s access to PBGC records under 5 U.S.C. 552(a)(3) and have been the FOIA regulation to incorporate the the FOIA at no additional cost, these subject of three or more requests; and additional notice requirements to (5) Other records. Records that have 1 OGIS is an office of the National Archives and requesters of certain resources available Records Administration that provides dispute been released under 5 U.S.C. 552(a)(3) to them. The 2016 Act requires an resolution services under the FOIA. See 5 U.S.C. and that PBGC determines, because of agency, when issuing a determination to 552(h). the nature of the records’ subject matter,

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have become or are likely to become the § 4901.31 Charges for services. additional safety measures provided by subject of subsequent requests for * * * * * regulations. This interim final rule substantially the same records; and (e) Unusual or exceptional updates the list of recurring marine * * * * * circumstances. Notwithstanding events with revisions to include paragraph (a) of this section, if PBGC additional events, change of date(s), and § 4901.5 [Amended] fails to comply with a time limit under removal of events that no longer take ■ 4. In § 4901.5, amend paragraph (a) 5 U.S.C. 552(a)(6), PBGC may place in the Fifth Coast Guard District. by: nevertheless assess a charge for When these regulations are enforced, ■ a. Removing ‘‘exempt from searching (or in the case of a requester certain restrictions are placed on marine disclosure’’ and adding in its place described under 5 U.S.C. traffic in specified areas. This ‘‘PBGC reasonably foresees that 552(a)(4)(A)(ii)(II), for duplication) if rulemaking project promotes efficiency by eliminating the need to produce a disclosure would harm an interest either paragraph (e)(1) or (2) of this separate rule for each individual protected by an exemption’’; section applies: recurring event and serves to provide ■ b. Adding the words ‘‘or disclosure is (1) PBGC has determined that unusual notice of the known recurring events otherwise prohibited by law’’ after the circumstances apply and that more than 5,000 pages are necessary to respond to requiring a special local regulation or words ‘‘subpart C of this part’’; and safety zone throughout the year. This ■ c. Removing the two instances of the request, provided that: (i) PBGC has provided timely written rule also removes regulations that are no ‘‘public reference’’ and adding in the longer effective or required. place of each ‘‘electronic reading’’. notice of this determination to the requester; and DATES: This rule is effective without § 4901.14 [Amended] (ii) PBGC has discussed with the actual notice from June 13, 2017. For the purposes of enforcement, actual notice ■ 5. In § 4901.14: requester—or made three or more good- faith attempts to do so—via written will be used from the date the rule was ■ a. Amend paragraph (a) by adding, at mail, electronic mail, or telephone how signed, May 31, 2017, until June 13, the end of the paragraph, the sentence the requester could effectively limit the 2017. ‘‘When responding to a request under scope of the request. paragraph (b), (c), or (d) of this section, ADDRESSES: To view documents (2) A court has determined that the disclosure officer will notify the mentioned in this preamble as being exceptional circumstances exist (as requester of the requester’s right to seek available in the docket, go to http:// defined in 5 U.S.C. 552(a)(6)(C)) and has assistance from the PBGC’s FOIA Public www.regulations.gov, type USCG–2017– issued an order excusing PBGC’s failure Liaison and will provide information 0064 in the ‘‘SEARCH’’ box and click to comply with the time limit. about how to contact the FOIA Public ‘‘SEARCH.’’ Click on Open Docket Liaison.’’ Issued in Washington, DC, by Folder on the line associated with this rule. ■ b. Amend paragraph (c) by removing W. Thomas Reeder, ‘‘denial and outline the appeal Director, Pension Benefit Guaranty FOR FURTHER INFORMATION CONTACT: If procedure available’’ and adding in its Corporation. you have questions on this rule, call or place ‘‘denial, outline the appeal [FR Doc. 2017–12207 Filed 6–12–17; 8:45 am] email Dennis Sens, Fifth Coast Guard District Office of Waterways procedure available, and notify the BILLING CODE 7709–02–P requester of the right to seek dispute Management, U.S. Coast Guard; resolution services from the PBGC’s telephone 757–398–6204, [email protected]. FOIA Public Liaison or the Office of DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: Government Information Services’’. SECURITY ■ c. Amend paragraph (d) by adding I. Table of Abbreviations ‘‘and notice of the requester’s right to Coast Guard seek dispute resolution services from CFR Code of Federal Regulations DHS Department of Homeland Security the PBGC’s FOIA Public Liaison or the 33 CFR Parts 100 and 165 FR Federal Register Office of Government Information [Docket Number USCG–2017–0064] NPRM Notice of proposed rulemaking Services’’ after the word § Section ‘‘circumstances’’. RIN 1625–AA08, AA00 U.S.C. United States Code II. Public Participation and Comments § 4901.15 [Amended] Special Local Regulations and Safety ■ 6. In § 4901.15, amend paragraph (a) Zones; Recurring Marine Events and The Coast Guard published a notice of by removing the two instances of the Fireworks Displays Within the Fifth proposed rulemaking on April 6, 2017 words ‘‘30 days’’ and adding in the Coast Guard District (82 FR 16746). The public comment place of each ‘‘90 days’’. period for this NPRM closed on AGENCY: Coast Guard, DHS. Monday, May 8, 2017; no comments ■ 7. In § 4901.31: ACTION: Interim final rule. were received. ■ a. Amend paragraph (a) introductory Documents mentioned in this Interim text by adding, at the end of the SUMMARY: The Coast Guard is amending Final Rule as being available in the paragraph, the sentence ‘‘Except as its special local regulations and safety docket, and all public comments, will provided in paragraph (e) of this zones established for recurring marine be in our online docket at http:// section, no charge for searching (or in events and fireworks displays that take www.regulations.gov and can be viewed the case of a requester described under place within the Fifth Coast Guard by following that Web site’s 5 U.S.C. 552(a)(4)(A)(ii)(II), for District area of responsibility. This instructions. duplication) will be assessed if PBGC interim final rule revises the listing of has failed to comply with any time limit events that informs the public of III. Background Information and under 5 U.S.C. 552(a)(6).’’ regularly scheduled marine parades, Regulatory History ■ b. Add paragraph (e). regattas, other organized water events, The Tables in the CFR that list annual The addition reads as follows: and fireworks displays that require and recurring special local regulations

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and safety zones for marine events and accordingly, the public has received V. Discussion of the Rule fireworks displays within Fifth Coast advanced notification of these Special Local Regulations Guard District area of responsibility upcoming events through local media (AOR) are published under 33 CFR outlets in addition to notification by the This rule adds 3 new special local 100.501 and 165.506, respectively. Coast Guard through publication of the regulations for marine events, removes 1 These Tables were last amended NPRM. The provisions of this interim regulation and revises 6 previously September 14, 2016, through a previous final rule which disestablish existing established regulations for marine rulemaking (81 FR 63075) that generated special local regulations and safety events listed in the Table to § 100.501. no adverse comments. zones are effectively immediately in Other than changes to the dates and Publishing these regulatory updates in accordance with 5 U.S.C. 553(d)(1), as locations of certain events, the other a single rulemaking promotes they relieve a restriction. provisions in 33 CFR 100.501 remain administrative efficiency and reduces This interim rule is effective upon unchanged. costs involved in producing a separate signature. This rule is prepared to The Coast Guard revises regulations at rule for each individual recurring event. provide the most up to date list of 33 CFR 100.501 by adding 3 new special This rulemaking action also provides recurring marine events, special local local regulations. The special local the public with notice through regulations and safety zones. These regulations are listed in Table 1, publication in the Federal Register of recurring events are noticed to the including reference by section as future recurring marine events and public through local community media printed in the Table to § 100.501. fireworks displays and their outlets and by event planners in accompanying regulations, special local conjunction with the communities in TABLE 1 regulations, and safety zones. This rule which they take place. provides separate tables for each Coast [Special local regulated areas added to 33 IV. Legal Authority and Need for Rule CFR 100.501] Guard Sector within the Fifth Coast The Coast Guard issues this Guard District. rulemaking under authority in 33 U.S.C. Table to Under 5 U.S.C. 553(d)(3), an agency 1231; 33 U.S.C. 1233; 50 U.S.C. 191; 33 § 100.501 Location may make a rule effective less than 30 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; section days from publication of a final notice Department of Homeland Security 1. (b.) 9 ...... Chesapeake Bay, Chesa- in the Federal Register when the agency Delegation No. 0170.1. The Coast Guard for good cause finds that those peake Bay Bridge, MD. has determined that potential hazards 2. (c.) 10 ...... James River, Midlothian, VA. procedures are impracticable, associated with marine events and unnecessary, or contrary to the public 3. (d.) 4 ...... Masonboro Inlet, Banks fireworks displays that take place on channel, Motts channel, interest. The Coast Guard finds that and over navigable waters will be a Wrightsville Beach, NC. good cause exists for making this rule safety concern for persons or vessels in effective less than 30 days after the vicinity of these events. The purpose The Coast Guard amends the publication in the Federal Register; it of this rule is to ensure safety of persons would be impracticable and contrary to regulations at 33 CFR 100.501 by and vessels on the navigable waters in disestablishing the special local the public interest to delay the effective the safety zone before, during, and after date of this rulemaking regarding regulation previously listed in section the scheduled marine event. (b.) of Table to 100.501; marine event— implementation of the new and revised The current lists of annual and Maryland Swim for Life, Chester River, special local regulations and safety recurring special local regulations and MD. The basis for removal of this zones. Immediate implementation is safety zones for marine events and required because the special local fireworks displays within the Fifth marine event from regulatory regulations and safety zones must be Coast Guard District area of enforcement includes limited vessel established to protect the public from responsibility (AOR) are published traffic in the area of the event, close the dangers associated with these under 33 CFR 100.501 and 165.506, proximity to shore, and shallow water scheduled activities. Despite the respectively. This interim rule will add depths. immediate effective date of this final to, remove from, and amend 33 CFR This rule revises 6 preexisting special action, the public has been afforded 100.501 and 33 CFR 165.506 to create a local regulations that involve change to reasonable time to prepare for the comprehensive list of recurring marine marine event date(s) and/or coordinates. effective date of this rulemaking. These events and fireworks displays requiring These events are listed in Table 2, with events are planned by the local special local regulations and safety reference by section as printed in the communities where they take place, and zones. Table to § 100.501.

TABLE 2 [Changes to special local regulation date(s) and coordinates]

Revision Table to § 100.501 section Location (date/coordinates)

1. (b.) 2 ...... Severn River, MD ...... dates. 2. (b.) 6 ...... Upper Potomac River, Washington, DC ...... dates. 3. (b.) 18 ...... Patuxent River, Solomons, MD ...... coordinates. 4. (b.) 19 ...... North Atlantic Ocean, Ocean City, MD ...... dates. 5. (b.) 21 ...... Hambrooks Bay, Choptank River, MD ...... dates. 6. (c.) 6 ...... Mill Creek, Hampton, VA ...... dates.

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Based on the nature of marine events, authorized by the Captain of the Port 16746). The NPRM also proposed to the large numbers of participants and (COTP) or designated Coast Guard revise the coordinates described by spectators, and the event locations, the Patrol Commander. The designated latitude and longitude for the center Coast Guard has determined that the ‘‘Patrol Commander’’ includes a Coast point of 3 previously established safety events listed in this rule could pose a Guard commissioned, warrant, or petty zones. Both the new and revised safety risk to participants or waterway users if officer who has been designated by the zones proposed for 33 CFR 165.506 have normal vessel traffic were to interfere COTP to act on their behalf. On-scene been temporarily postponed and are not with the event. Possible hazards include patrol commanders may be augmented included in this interim final rule. This risks of injury or death resulting from by local, State, or Federal officials action was necessary to ensure near or actual contact among participant authorized to act in support of the Coast compliance with environmental review vessels and spectator vessels or Guard. and policy requirements established mariners traversing through the Safety Zones under the National Environmental regulated area. In order to protect the Policy Act (NEPA). Upon completion of This rule revises 12 previously safety of all waterway users including NEPA environmental analysis and established safety zones and removes 6 event participants and spectators, this review, the previously proposed safety safety zones listed in the Table to rule establishes special local regulations zones may be included in a future § 165.506. Other than changes to the for the time and location of each marine revision to 33 CFR 165.506. dates of certain safety zones, the other event. provisions in 33 CFR 165.506 remain The rule revises 12 preexisting safety This rule prevents vessels from unchanged. zones that involve changes to event entering, transiting, mooring, or The Coast Guard proposed to add date(s). These revised safety zones are anchoring within areas specifically eight new safety zones in the previously shown in Table 3, with reference by designated as regulated areas during the published Notice of proposed section as printed in the Table to periods of enforcement unless rulemaking on April 6, 2017 (82 FR § 165.506.

TABLE 3 [Changes to safety zone date(s) and coordinates]

Table to § 165.506 Section Location Revision (date)

1. (b.) 1 ...... Upper Potomac River, Washington channel, Washington, DC ...... dates. 2. (b.) 6 ...... Baltimore Inner Harbor, Patapsco River, MD ...... dates. 3. (b.) 7 ...... Baltimore Inner Harbor, Patapsco River, MD ...... dates. 4. (b.) 9 ...... Patuxent River, Solomons Island, MD ...... dates. 5. (b.) 10 ...... Chesapeake Bay, Chesapeake Beach, MD ...... dates. 6. (b.) 13 ...... Potomac River, National Harbor, MD ...... dates. 7. (b.) 22 ...... Isle of Wight Bay, Ocean City, MD ...... dates. 8. (b.) 24 ...... Baltimore Inner Harbor, Patapsco River, MD ...... dates. 9. (c.) 5 ...... Chesapeake Bay, Norfolk, VA ...... dates. 10. (c.) 8 ...... John H. Kerr Reservoir, Clarksville, VA ...... dates. 11. (c.) 23 ...... Elizabeth River Eastern Branch, Norfolk, VA ...... dates. 12. (d.) 15 ...... Atlantic Intracoastal Waterway, Swansboro, NC ...... dates.

The Coast Guard amends regulations following 6 safety zones listed in Table at 33 CFR 165.506 by disestablishing the 4.

TABLE 4 [Safety Zones removed from 33 CFR 165.506]

Date(s) Event Regulated Area

1. May—last Saturday; July 4th ...... Fireworks display ...... Potomac River, Charles County, MD; vicinity east of Mount Vernon Estate. 2. October—1st Saturday ...... Fireworks display ...... Dukeharts Channel, Potomac River, MD. 3. July 4th ...... Fireworks display ...... Edenton Bay, Edenton, NC. 4. July 4th ...... Fireworks display ...... Pantego Creek, Belhaven, NC. 5. May—3rd Saturday ...... Fireworks display ...... Pasquotank River, Elizabeth City, NC. 6. October—2nd Saturday ...... Fireworks display ...... Atlantic Intracoastal Waterway, Bogue Inlet, Swansboro, NC.

Each year, organizations in the Fifth Guard personnel on scene may allow scene, as provided for in 33 CFR 165.23. Coast Guard District sponsor fireworks boaters within the safety zone if This rule provides for the safety of life displays in the same general location conditions permit. on navigable waters during the events. and time period. Each event uses a barge The enforcement period for these The regulatory text we are proposing or an on-shore site near the shoreline as safety zones is from 5:30 p.m. to 1 a.m. appears at the end of this document. the fireworks launch platform. A safety local time. However, vessels may enter, Temporary Regulations zone is used to control vessel movement remain in, or transit through these safety within a specified distance surrounding zones during this time frame if The Coast Guard amends regulations the launch platforms to ensure the authorized by the COTP or designated at 33 CFR 100.501 and 33 CFR 165.506 safety of persons and property. Coast Coast Guard patrol commander on by removing the following 5 temporary

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sections listed in Table 5. These effective but continue to appear in the temporary sections are no longer CFR.

TABLE 5 [Special local regulated areas removed from 33 CFR 100.501 and safety zones removed from 33 CFR 165.506]

Temporary section Citation Regulation expired

1. 33 CFR § 100.35T–05–0276 ...... 77 FR 39630, July 5, 2012 ...... July 8, 2012. 2. 33 CFR § 100.35T–05–0482 ...... 77 FR 47520, August 9, 2012 ...... September 29, 2012. 3. 33 CFR § 165.T05–0330 ...... 78 FR 56611, September 13, 2013 ...... October 4, 2013. 4. 33 CFR § 165.T05–0495 ...... 78 FR 39601, July 2, 2013 ...... July 5, 2013. 5. 33 CFR § 165.T05–0723 ...... 79 FR 51490, August 29, 2014 ...... September 26, 2014.

The Coast Guard is removing 33 CFR events will typically be made by local Under section 213(a) of the Small 165.540 that was previously established newspapers, radio and TV stations. The Business Regulatory Enforcement to facilitate a large multi-year dredging Coast Guard anticipates that these Fairness Act of 1996 (Pub. L. 104–121), project in the coastal Cape Fear River special local regulated areas and safety we want to assist small entities in area. This project was completed by the zones will only be enforced one to three understanding this rule. If the rule U.S. Army Corps of Engineers and its times per year. would affect your small business, contractors and accordingly a safety organization, or governmental B. Impact on Small Entities zone is no longer required for this jurisdiction and you have questions purpose. The Regulatory Flexibility Act of concerning its provisions or options for 1980, 5 U.S.C. 601–612, as amended, compliance, please contact the person VI. Regulatory Analyses requires Federal agencies to consider listed in the FOR FURTHER INFORMATION We developed this rule after the potential impact of regulations on CONTACT section. considering numerous statutes and small entities during rulemaking. The Small businesses may send comments Executive orders related to rulemaking. term ‘‘small entities’’ comprises small on the actions of Federal employees Below, we summarize our analyses businesses, not-for-profit organizations who enforce, or otherwise determine based on a number of these statutes and that are independently owned and compliance with, Federal regulations to Executive orders, and we discuss First operated and are not dominant in their the Small Business and Agriculture Amendment rights of protestors. fields, and governmental jurisdictions Regulatory Enforcement Ombudsman with populations of less than 50,000. A. Regulatory Planning and Review and the Regional Small Business The Coast Guard received no comments Regulatory Fairness Boards. The Executive Orders 12866 and 13563 from the Small Business Administration Ombudsman evaluates these actions direct agencies to assess the costs and on this rulemaking. The Coast Guard annually and rates each agency’s benefits of available regulatory certifies under 5 U.S.C. 605(b) that this responsiveness to small business. If you alternatives and, if regulation is rule will not have a significant wish to comment on actions by necessary, to select regulatory economic impact on a substantial employees of the Coast Guard, call 1– approaches that maximize net benefits. number of small entities. 888–REG–FAIR (1–888–734–3247). The Executive Order 13563 emphasizes the While some owners or operators of Coast Guard will not retaliate against importance of quantifying both costs vessels intending to transit through a small entities that question or complain and benefits, of reducing costs, of special local regulated area or safety about this rule or any policy or action harmonizing rules, and of promoting zone may be small entities, for the of the Coast Guard. flexibility. This rule has not been reasons stated in section IV.A above, designated a ‘‘significant regulatory this proposed rule would not have a C. Collection of Information action’’ under Executive Order 12866. significant economic impact on any This rule will not call for a new Accordingly, it has not been reviewed vessel owner or operator. collection of information under the by the Office of Management and These special local regulated areas Paperwork Reduction Act of 1995 (44 Budget. and safety zones will not have a U.S.C. 3501–3520). This regulatory action determination significant economic impact on a is based on the short amount of time substantial number of small entities for D. Federalism and Indian Tribal that vessels will be restricted from the following reasons: The Coast Guard Governments regulated areas and the small size of will ensure that small entities are able A rule has implications for federalism these areas that are usually positioned to operate in the areas where events are under Executive Order 13132, away from high vessel traffic zones. occurring to the extent possible while Federalism, if it has a substantial direct Generally, vessels would not be ensuring the safety of event participants effect on the States, on the relationship precluded from getting underway, or and spectators. The enforcement period between the national government and mooring at any piers or marinas will be short in duration and, in many the States, or on the distribution of currently located in the vicinity of the of the areas, vessels can transit safely power and responsibilities among the regulated areas. Advance notifications around the regulated area. Generally, various levels of government. We have would also be made to the local permission to enter, remain in, or transit analyzed this rule under that Order and maritime community by issuance of through these regulated areas during the have determined that it is consistent Local Notice to Mariners, Broadcast enforcement may be given, when with the fundamental federalism Notice to Mariners, Marine information deemed safe to do so by the Coast Guard principles and preemption requirements and facsimile broadcasts so mariners patrol commander on scene. Before the described in Executive Order 13132. can adjust their plans accordingly. enforcement period, we will issue Also, this rule does not have tribal Notifications to the public for most maritime advisories widely. implications under Executive Order

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13175, Consultation and Coordination This rule involves implementation of § 100.501 Special Local Regulations; with Indian Tribal Governments, regulations at 33 CFR part 165 that Marine Events within the Fifth Coast Guard because it does not have a substantial establish safety zones on navigable District. direct effect on one or more Indian waters of the United States for fireworks This section applies to the marine tribes, on the relationship between the events. These safety zones are enforced events listed in the Table to § 100.501. Federal Government and Indian tribes, for the duration of fireworks display These regulations will be effective or on the distribution of power and events. The fireworks are generally annually, for the duration of each event responsibilities between the Federal launched from either a floating barge listed in the Table to § 100.501. Annual Government and Indian tribes. If you platform or immediately adjacent to notice of the exact dates and times of believe this rule has implications for navigable waters of the United States. the effective period of the regulation federalism or Indian tribes, please The category of activities includes with respect to each event, the contact the person listed in the FOR fireworks launched from barges or at the geographical area, and details FURTHER INFORMATION CONTACT section. shoreline that generally rely on the use concerning the nature of the event and of navigable waters as a safety buffer. the number of participants and type(s) E. Unfunded Mandates Reform Act Fireworks displays may introduce of vessels involved will be published in The Unfunded Mandates Reform Act potential hazards such as accidental Local Notices to Mariners and via of 1995 (2 U.S.C. 1531–1538) requires discharge of fireworks, dangerous Broadcast Notice to Mariners over VHF– Federal agencies to assess the effects of projectiles, and falling hot embers or FM marine band radio. their discretionary regulatory actions. In other debris. This section of the rule is (a) Definitions. The following particular, the Act addresses actions categorically excluded from further definitions apply to this section: that may result in the expenditure by a review under paragraph 34(g) of Figure (1) Coast Guard Patrol Commander. A State, local, or tribal government, in the 2–1 of the Commandant Instruction Patrol Commander (PATCOM) is a aggregate, or by the private sector of M16475.lD. A Record of Environmental commissioned, warrant, or petty officer $100,000,000 (adjusted for inflation) or Consideration (REC) supporting this of the Coast Guard who has been more in any one year. Though this rule determination is available in the docket designated by the respective Coast will not result in such an expenditure, where indicated in the ADDRESSES Guard Sector—Captain of the Port to we do discuss the effects of this rule section of this preamble. enforce these regulations. elsewhere in this preamble. G. Protest Activities (2) Official patrol. Any vessel assigned or approved by the respective F. Environment The Coast Guard respects the First Captain of the Port with a We have analyzed this rule under Amendment rights of protesters. commissioned, warrant, or petty officer Department of Homeland Security Protesters are asked to contact the on board and displaying a Coast Guard Management Directive 023–01 and person listed in the FOR FURTHER ensign. Commandant Instruction M16475.lD, INFORMATION CONTACT section to (3) Spectators. All persons and vessels which guide the Coast Guard in coordinate protest activities so that your not registered with the event sponsor as complying with the National message can be received without participants or official patrol vessels. Environmental Policy Act of 1969 (42 jeopardizing the safety or security of (4) Regulated area. An area where U.S.C. 4321–4370f), and have people, places, or vessels. Special local regulations apply to a determined that this action is one of a List of Subjects specific described waterway to include category of actions that do not creeks, sounds, bays, rivers and, oceans. individually or cumulatively have a 33 CFR Part 100 Regulated areas include all waters of a significant effect on the human Marine safety, Navigation (water), specific body of water described with environment. Reporting and recordkeeping intent to define boundaries where the This rule involves implementation of requirements, Waterways. Coast Guard enforces Special local regulations within 33 CFR part 100 that regulations. Boundaries may be apply to organized marine events on the 33 CFR Part 165 described from shoreline to shoreline, navigable waters of the United States. Harbors, Marine safety, Navigation reference bridges, or other fixed Some marine events by their nature may (water), Reporting and recordkeeping structures, by points and lines defined introduce potential for adverse impact requirements, Security measures, by latitude and longitude. All on the safety or other interest of Waterways. coordinates reference Datum: NAD waterway users or waterfront 1983. infrastructure within or close proximity For the reasons discussed in the (b) Marine event patrol. The Coast to the event area. The category of water preamble, the Coast Guard amends 33 Guard will assign a marine event patrol, activities includes but is not limited to CFR parts 100 and 165 as follows: as described in § 100.40, to each sail boat regattas, boat parades, power PART 100—SAFETY OF LIFE ON regulated event listed in the table. boat racing, swimming events, crew NAVIGABLE WATERS Additionally, a PATCOM will be racing, and sail board racing. This assigned to oversee the patrol. The section of the rule is categorically ■ 1. The authority citation for part 100 marine event patrol and PATCOM may excluded from further review under continues to read as follows: be contacted on VHF–FM Channel 16. paragraph 34(h) of Figure 2–1 of the The PATCOM may terminate the event, Commandant Instruction M16475.lD, as Authority: 33 U.S.C. 1233. or the operation of any vessel the appropriate environmental analysis § 100.35T05–0276 [Removed] participating in the marine event, at any is contained in the permitting for the time if deemed necessary for the ■ events. An environmental analysis 2. Remove § 100.35T05–0276. protection of life or property. Only checklist supporting this determination § 100.35T05–0482 [Removed] designated marine event participants and a Record of Environmental and their vessels and official patrol Consideration are not required for this ■ 3. Remove § 100.35T05–0482. vessels are authorized to enter the section of the rule. ■ 4. Revise § 100.501 to read as follows: regulated area.

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(c) Special local regulations. (1) minimize potential collision conflicts the Federal Register, as well as issuing Controls on vessel movement. The with marine event participants or race a Broadcast Notice to Mariners. PATCOM or designated marine event boats and spectator vessels or nearby (g) Regulations for specific marine patrol may forbid and control the transiting vessels. This zone provides events. (1) Marine event: (b.) 7, U.S. movement of all vessels in the regulated separation between a Race Area or Naval Academy Blue Angels Air Show. area(s). When hailed or signaled by an Marine Event Area and a specified Severn River spectator area; except for official patrol vessel, a vessel in these Spectator Area or other vessels that are a vessel in an emergency situation, a areas shall immediately comply with operating in the vicinity of the Special vessel may not anchor or maintain the directions given. Failure to do so local regulated area for marine event. station within the spectator area may result in expulsion from the area, (6) Designated spectator area. described in Table to 100.501 (b.) 7 citation for failure to comply, or both. Spectators are only allowed inside the without the permission of the Captain of (2) Directions, instructions, and regulated area if they remain within a the Port or designated PATCOM. The minimum speed necessary. The operator designated spectator area. Spectators Captain of the Port has designated this of any vessel in the regulated area shall: shall contact the PATCOM to request spectator area for commercial small (i) Stop the vessel immediately when permission to either enter the Spectator passenger vessel use. This area is closed directed to do so by any Official Patrol Area or pass through the regulated area. except for commercial small passenger and then proceed only as directed. If permission is granted, spectators may vessels holding a valid Certificate of (ii) All persons and vessels shall enter the Spectator Area or must pass Inspection regulated under 46 CFR comply with the instructions of the directly through the regulated area as subchapters K and T (46 CFR 114.110, Official Patrol. instructed by PATCOM at safe speed and 175.110). Vessels that meet the (iii) Vessel operators may request and without loitering. requirements of this section may request permission to enter and transit through access to the Severn River spectator area a regulated area by contacting the (d) Contact information. Questions about marine events should be by contacting the City of Annapolis PATCOM on VHF–FM channel 16. Harbormaster at (410) 263–7973 or When authorized to transit through the addressed to the local Coast Guard Captain of the Port for the area in which email [email protected] to regulated area, vessels shall proceed at obtain a vessel spectator area the minimum speed necessary to the marine event is occurring. Contact information is listed below. For a application. Vessel spectator area maintain a safe course that minimizes applications shall be submitted no later wake near the race course or marine description of the geographical area of each Coast Guard Sector—Captain of the than 7 calendar days prior to the event event area. date. Applicants will be notified by the (3) Race area. This is an area Port zone, please see subpart 3.25 of this chapter. Captain of the Port or representative described by a line bound by regarding status of applications and (1) Coast Guard Sector Delaware coordinates provided in latitude and further instructions. All vessels shall Bay—Captain of the Port Zone, longitude that outlines the boundary of contact the PATCOM on VHF–FM Philadelphia, Pennsylvania: (215) 271– a race area within the regulated area channels 16 or 22A prior to transiting to 4940. defined by this part. Only event sponsor the spectator area to confirm entry designated participants or designated (2) Coast Guard Sector Maryland- approval. Vessels approved for spectator participating vessels and official patrol National Capital Region—Captain of the area access shall follow the instructions vessels are allowed to enter the race Port Zone, Baltimore, Maryland: (410) issued by the PATCOM when entering area. Persons or vessel operators may 576–2525. the regulated area. The regulations for request authorization to enter and (3) Coast Guard Sector Hampton this event will restrict access to some of transit through the regulated area by Roads—Captain of the Port Zone, the anchorage grounds listed at 33 CFR contacting the PATCOM on VHF–FM Norfolk, Virginia: (757) 483–8567. 110.159, Annapolis Harbor, MD, Channel 16. (4) Coast Guard Sector North specifically (2) Middle Ground (4) Spectator area. This is an area Carolina—Captain of the Port Zone Anchorage, (3) South Anchorage, and described by a line bound by North Carolina: (877) 229–0770 or (910) (4) Naval Anchorage for Small Craft. coordinates provided in latitude and 362–4015. (2) Marine event: (b.) 23, Baltimore longitude that outlines the boundary of (e) Application for marine events. The Air Show. Patapsco River spectator area; a spectator area within the regulated application requirements of § 100.15 of except for a vessel in an emergency area defined by this part. Spectators are this part apply to all marine events situation, a vessel may not anchor or only allowed inside the regulated area if listed in the Table to § 100.501. For hold station within the spectator area they remain within a designated information on applying for a marine described in Table to 100.501 (b.) 23 spectator area. All spectator vessels event permit, contact the Captain of the without the permission of the Captain of shall be anchored or operate at a No Port for the area in which the marine the Port or designated PATCOM. The Wake Speed within the designated event will occur, at the phone numbers Captain of the Port has designated this spectator area. On scene designated listed above. spectator area for commercial small PATCOM representatives will direct (f) Enforcement periods. The passenger vessel use. This area is closed spectator vessels to the spectator area. enforcement periods for each of the except for commercial small passenger Spectators shall contact the PATCOM to Special local regulations listed in the vessels holding a valid Certificate of request permission to pass through the Table to § 100.501 of this section are Inspection regulated under 46 CFR regulated area. If permission is granted, subject to change, but the duration of subchapters K and T (46 CFR 114.110 spectators must pass directly through enforcement would remain the same or and 175.110). Vessels that meet the the regulated area at safe speed and nearly the same total amount of time as requirements of this section may request without loitering. stated in its table. In the event of a access to the Patapsco River spectator (5) Buffer area. This is a neutral zone change, or for enforcement periods area by contacting the Sail Baltimore at that surrounds the perimeter of a Race listed that do not allow a specific date (410) 522–7300 or emailing info@ Area or Marine Event Area within the or dates to be determined, the Captain sailbaltimore.org to obtain a vessel regulated area described by this part. of the Port will provide notice by spectator area application. Vessel The purpose of a buffer zone is to publishing a Notice of Enforcement in spectator area applications shall be

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submitted no later than 10 calendar approved for spectator area access shall (i) Anchorage No. 1, general days prior to the event date. Applicants follow the instructions issued by the anchorage; will be notified by the Captain of the PATCOM when entering the regulated (ii) Anchorage No. 2, general Port or representative regarding status of area. The regulations for this event will anchorage; applications and further instructions. restrict access to some of the anchorage (iii) Anchorage No. 3 Upper, general All vessels shall contact the PATCOM grounds listed at 33 CFR 110.158, anchorage; and on VHF–FM channels 16 or 22A prior Baltimore Harbor, MD. Specifically to transiting to the spectator area to anchorage grounds: (iv) Anchorage No. 3 Lower, general confirm entry approval. Vessels anchorage. TABLE TO § 100.501 [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

(a.) Coast Guard Sector Delaware Bay—COTP Zone

1. June—1st Sunday Atlantic County Day at Atlantic County, New The waters of Great Egg Harbor Bay, adjacent to Somers Point, New Jersey, the Bay. Jersey. bounded by a line drawn along the following boundaries: The area is bounded to the north by the shoreline along John F. Kennedy Park and Somers Point, New Jersey; bounded to the east by the State Route 52 bridge; bounded to the south by a line that runs along latitude 39°18′00″ N., and bounded to the west by a line that runs along longitude 074°37′00″ W. 2. May—3rd Sunday; Annual Escape from Fort Escape from Fort Dela- All waters of the Delaware River between Pea Patch Island and Delaware City, September—3rd Sat- Delaware Triathlon. ware Triathlon, Inc. Delaware, bounded by a line connecting the following points: Latitude urday 39°36′35.7″ N., longitude 075°35′25.6″ W., thence southeast to latitude 39°34′57.3″ N., longitude 075°33′23.1″ W., thence southwest to latitude 39°34′11.9″ N., longitude 075°34′28.6″ W., thence northwest to latitude 39°35′52.4″ N., longitude 075°36′33.9″ W., thence to point of origin. 3. June—last Saturday Westville Parade of Borough of Westville and All waters of Big Timber Creek in Westville, New Jersey from shoreline to shoreline Lights. Westville Power Boat. bounded on the south from the Route 130 Bridge and to the north by the en- trance of the Delaware River. 4. June—4th Sunday OPA Atlantic City Grand Offshore Performance Regulated enforcement area—All waters of the North Atlantic Ocean encompassed Prix. Assn. (OPA). within the following areas: Race area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: latitude 39°21′31″ N., longitude 074°24′45″ W., thence east to latitude 39°21′08″ N., longitude 074°24′32″ W., thence southwest to latitude 39°20′21″ N., longitude 074°27′04.6″ W., thence northwest to latitude 39°20′45.6″ N., longitude 074°27′11.6″ W., thence northeast parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 39°21′46″ N., longitude 074°24′35″ W., thence east to latitude 39°21′06″ N., longitude 074°24′06″ W., thence southwest to latitude 39°20′06″ N., longitude 074°27′20″ W., thence northwest to latitude 39°20′40.6″ N., longitude 074°27′31.5″W., thence northeast along the shoreline to point of or- igin. Spectator area: All waters of the North Atlantic Ocean bounded by a line con- necting the following points: Latitude 39°21′05.6 N., longitude 074°24′05.8″ W., thence east to latitude 39°20′52.1″ N., longitude 074°23′53.9″ W., thence south- east to latitude 39°19′51.6″ N., longitude 074°27′16.2″ W., thence northwest to latitude 39°20′05.6″ N., longitude 074°27′20″ W., thence northeast to point of ori- gin. 5. July—on or about July U.S. holiday celebrations City of Philadelphia ...... The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, 4th from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 6. August—2nd Friday, Point Pleasant OPA/NJ Offshore Performance Regulated enforcement area—All waters of the North Atlantic Ocean encompassed Saturday and Sunday Offshore Grand Prix. Association (OPA) and within the following areas: New Jersey Offshore Race area: All waters of the North Atlantic Ocean bounded by a line connecting the Racing Assn. following points: Latitude 39°59′41″ N., longitude 074°03′20″ W., thence east to latitude 39°59′28″ N., longitude 074°02′15″ W., thence southwest to latitude 39°56′41″ N., longitude 074°02′55″ W., thence west to latitude 39°56′45″ N., lon- gitude 074°03′52″ W., thence north parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°00′00″ N., longitude 074°03′31″ W., thence east to latitude 39°59′41″ N., longitude 074°02′00″ W., thence southwest to latitude 39°56′28″ N., longitude 074°02′43″ W., thence west to latitude 39°56′31″ N., lon- gitude 074°04′10″ W., thence north along the shoreline to point of origin.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

Spectator area: All waters of the North Atlantic Ocean bounded by a line con- necting the following points: Latitude 39°59′41″ N., longitude 074°01′59″ W., thence east to latitude 39°59′39″ N., longitude 074°01′48″ W., thence southwest to latitude 39°56′27″ N., longitude 074°02′29″ W., thence west to latitude 39°56′28″ N., longitude 074°02′43″ W., thence north to point of origin. 7. May—3rd weekend, New Jersey Offshore Offshore Performance Regulated enforcement area—All waters of the North Atlantic Ocean encompassed Saturday and Sunday Grand Prix. Assn. & New Jersey within the following areas: Offshore Racing Assn. Race area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°05′40″ N., longitude 074°01′59″ W., thence south- east to latitude 40°05′34″ N., longitude 074°01′40″ W., thence south to latitude 40°03′54″ N., longitude 074°02′07″ W., thence west to latitude 40°03′56″ N., lon- gitude 074°02′24″ W., thence north and parallel to shoreline to point of origin. Buffer area: All waters of the North Atlantic Ocean bounded by a line connecting the following points: Latitude 40°05′55″ N., longitude 074°02′02″ W., thence southeast to latitude 40°05′44″ N., longitude 074°01′28″ W., thence south to lati- tude 40°03′42″ N., longitude 074°02′01″ W., thence west to latitude 40°03′44″ N., longitude 074°02′36″ W., thence north along the shoreline to point of origin. Spectator area: All waters of the North Atlantic Ocean bounded by a line con- necting the following points: Latitude 40°05′44″ N., longitude 074°01′27″ W., thence east to latitude 40°05′42″ N., longitude 074°01′20″ W., thence southwest to latitude 40°03′42″ N., longitude 074°01′55″ W., thence west to latitude 40°03′42″ N., longitude 074°02′01″ W., thence north to point of origin. 8. August—3rd Tuesday Thunder Over the Board- Atlantic City Chamber of The waters of the North Atlantic Ocean, adjacent to Atlantic City, New Jersey, and Wednesday walk Air show. Commerce. bounded by a line drawn between the following points: From a point along the shoreline at latitude 39°21′31″ N., longitude 074°25′04″ W., thence southeasterly to latitude 39°21′08″ N., longitude 074°24′48″ W., thence southwesterly to lati- tude 39°20′16″ N., longitude 074°27′17″ W., thence northwesterly to a point along the shoreline at latitude 39°20′44″ N., longitude 074°27′31″ W., thence northeasterly along the shoreline to latitude 39°21′31″ N., longitude 074°25′04″ W. 9. October—1st Monday U.S. holiday celebrations City of Philadelphia ...... The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, (Columbus Day) from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 10. December 31st (New U.S. holiday celebrations City of Philadelphia ...... The waters of the Delaware River, adjacent to Philadelphia, PA and Camden, NJ, Year’s Eve) from shoreline to shoreline, bounded on the south by the Walt Whitman Bridge and bounded on the north by the Benjamin Franklin Bridge. 11. September—2nd, Ocean City Air Show ..... Ocean City, NJ ...... All waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line con- 3rd or 4th Sunday necting the following points: Latitude 39°15′57″ N., longitude 074°35′09″ W., thence northeast to latitude 39°16′34″ N., longitude 074°33′54″ W., thence south- east to latitude 39°16′17″ N., longitude 074°33′29″ W., thence southwest to lati- tude 39°15′40″ N., longitude 074°34′46″ W., thence northwest to point of origin, near Ocean City, NJ. 12. June—4th Sunday Atlantic City International Atlantic City, NJ ...... All waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line con- and August—2nd or Triathlon. necting the following points: Latitude 39°21′20″ N., longitude 074°27′18″ W., 3rd Sunday. Sep- thence northeast to latitude 39°21′27.47″ N., longitude 074°27′10.31″ W., thence tember—2nd or 3rd northeast to latitude 39°21′33″ N., longitude 074°26′57″ W., thence northwest to Saturday and Sunday latitude 39°21′37″ N., longitude 074°27′03″ W., thence southwest to latitude 39°21′29.88″ N., longitude 074°27′14.31″ W., thence south to latitude 39°21′19″ N., longitude 074°27′22″ W., thence east to latitude 39°21′18.14″ N., longitude 074°27′19.25″ W., thence north to point of origin, near Atlantic City, NJ.

(b.) Coast Guard Sector Maryland-National Capital Region—COTP Zone

1. March—4th or last USNA Safety at Sea U.S. Naval Academy ..... All waters of the Severn River from shoreline to shoreline, bounded to the north- Saturday; or April—1st Seminar. west by the Naval Academy (SR–450) Bridge and bounded to the southeast by a Saturday line drawn from Triton Light at latitude 38°58′53.0″ N., longitude 076°28′34.4″ W., thence easterly to Carr Point, MD at latitude 38°58′58.7″ N., longitude 076°27′38.9″ W. 2. April—3rd, 4th and USNA Crew Races ...... U.S. Naval Academy ..... All waters of the Severn River from shoreline to shoreline, bounded to the north- last Saturday and west by a line drawn from the south shoreline at latitude 39°00′58″ N., longitude Sunday, and May— 076°31′32″ W., thence to the north shoreline at latitude 39°01′11″ N., longitude every Saturday and 076°31′10″ W. The regulated area is bounded to the southeast by a line drawn Sunday from U.S. Naval Academy Light at latitude 38°58′39.5″ N., longitude 076°28′49″ W., thence easterly to Carr Point, MD at latitude 38°58′58″ N., longitude 076°27′41″ W.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

3. July—3rd, 4th or last Middle River Dinghy Norris Trust Foundation The waters of Middle River, from shoreline to shoreline, within an area bounded to Saturday, or Sunday Poker Run. the north by a line drawn along latitude 39°19′33″ N., and bounded to the south by a line drawn from latitude 39°17′24.4″ N., longitude 076°23′53.3″ W., thence east to latitude 39°18′06.4″ N., longitude 076°23′10.9″ W., including all western tributaries that join Middle River, including Dark Head Creek, Hopkins Creek, Norman Creek, Hogpen Creek and Sue Creek, located in Baltimore County, at Essex, MD. 4. May—1st Sunday Nanticoke River Swim Nanticoke River Swim All waters of the Nanticoke River, including Bivalve Channel and Bivalve Harbor, and Triathlon. and Triathlon, Inc. bounded by a line drawn from a point on the shoreline at latitude 38°18′38.8″ N., longitude 075°53′31.8″ W., thence westerly to latitude 38°18′39.8″ N., longitude 075°55′00″ W., thence northeasterly to latitude 38°19′57.7″ N., longitude 075°53′47.7″ W., thence easterly to latitude 38°19′42.3″ N., longitude 075°52′59.4″ W. 5. May—the Saturday Chestertown Tea Party Chestertown Tea Party All waters of the Chester River, within a line connecting the following positions: before Memorial Day Re-enactment. Festival. Commencing at latitude 39°12′27″ N., longitude 076°03′46″ W., thence south to latitude 39°12′19″ N., longitude 076°03′53″ W., thence east to latitude 39°12′16″ N., longitude 076°03′48″ W., thence north to latitude 39°12′25″ N., longitude 076°03′41″ W., thence west to point of origin latitude 39°12′27″ N., longitude 076°03′46″ W., located at Chestertown, MD. 6. May—3rd Friday, Sat- Washington, DC Dragon Taiwan—U.S. Cultural The waters of the Upper Potomac River, Washington, DC, from shoreline to shore- urday and Sunday. Boat Festival. Association. line, bounded upstream by the Francis Scott Key Bridge and downstream by the June—2nd or 3rd Fri- Roosevelt Memorial Bridge, located at Georgetown, Washington, DC. day, Saturday and Sunday 7. May—Tuesday and USNA Blue Angels Air U.S. Naval Academy ..... All waters of the Severn River from shoreline to shoreline, bounded to the north- Wednesday before Show. west by a line drawn along the U.S. 50 fixed highway bridge. The regulated area Memorial Day (ob- is bounded to the southeast by a line drawn from U.S. Naval Academy Light at served) latitude 38°58′39.5″ N., longitude 076°28′49″ W., thence southeast to a point 1500 yards ESE of Chinks Point, MD at latitude 38°57′41″ N., longitude 076°27′36″ W., thence northeast to Greenbury Point at latitude 38°58′27.7″ N., longitude 076°27′16.4″ W. Spectator area: All waters of the Severn River bounded by a line commencing at latitude 38°58′38.2″ N., longitude 076°27′56.9″ W., thence southeast to latitude 38°58′24.9″ N., longitude 076°27′47.6″ W., thence west to latitude 38°58′22.3″ N., longitude 076°27′54.5″ W., thence northwest to latitude 38°58′28.3″ N., lon- gitude 076°28′11″ W., thence east to point of origin. This area is located gen- erally in the center portion of Middle Ground Anchorage, Severn River, MD. This spectator area is restricted to certain vessels as described in § 100.501 para- graph (g)(1). 8. June—2nd Sunday The Great Chesapeake The Great Chesapeake The waters of the Chesapeake Bay between and adjacent to the spans of the Wil- Bay Swim. Bay Swim, Inc. liam P. Lane Jr. Memorial Bridges from shoreline to shoreline, bounded to the north by a line drawn parallel and 500 yards north of the north bridge span that originates from the western shoreline at latitude 39°00′36.6″ N., longitude 076°23′55″ W., thence eastward to the eastern shoreline at latitude 38°59′14.2″ N., longitude 076°19′57.3″ W.; and bounded to the south by a line drawn parallel and 500 yards south of the south bridge span that originates from the western shoreline at latitude 39°00′18.4″ N., longitude 076°24′28.2″ W., thence eastward to the eastern shoreline at latitude 38°58′39.2″ N., longitude 076°20′8.8″ W. 9. April—last Saturday or Bay Bridge Paddle ...... ABC Events, Inc ...... The waters of the Chesapeake Bay between and adjacent to the spans of the Wil- Sunday liam P. Lane Jr. Memorial Bridges from shoreline to shoreline, bounded to the north by a line drawn parallel and 500 yards north of the north bridge span that originates from the western shoreline at latitude 39°00′36″ N., longitude 076°23′05″ W., thence eastward to eastern shoreline at latitude 38°59′14″ N., longitude 076°20′00″ W.; and bounded to the south by a line drawn parallel and 500 yards south of the south bridge span that originates from the western shore- line at latitude 39°00′16″ N., longitude 076°24′30″ W., thence eastward to east- ern shoreline at latitude 38°58′38″ N., longitude 076°20′06″ W., located between Sandy Point and Kent Island, MD. 10. June—last Saturday Bo Bowman Memorial— Carolina Virginia Racing Regulated enforcement area—All waters of the Nanticoke River encompassed with- and Sunday or July— Sharptown Regatta. Assn. in the following areas: 2nd Saturday and Race area: All waters of the Nanticoke River commencing at a point at latitude Sunday 38°33′02″ N., longitude 075°42′44″ W., thence northwest to latitude 38°33′03″ N., longitude 075°42′45″ W., thence southwest to latitude 38°32′46″ N., longitude 075°43′08″ W., thence southeast to latitude 38°32′45″ N., longitude 075°43′07″ W., thence northeast to the point of origin.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

Race boat/participant access area: Located southwest and down river from the race area. From shoreline to shoreline and bound by a line commencing at lati- tude 38°32′37″ N., longitude 075°43′14″ W., thence northwest across the river to latitude 38°32′41.5″ N., longitude 075°43′19.3″ W., thence northeast to latitude 38°32′46″ N., longitude 075°43′14″ W., thence southeast along the Route 313 bridge to latitude 38°32′41.7″ N., longitude 075°43′08.2″ W., thence southwest to point of origin. Buffer area: All waters of the Nanticoke River bounded by a line connecting the fol- lowing points: Commencing at latitude 38°33′02″ N., longitude 075°42′39″ W., thence southwest to latitude 38°32′42″ N., longitude 075°43′07″ W., thence northwest to latitude 38°32′47″ N., longitude 075°43′13″ W., thence northeast to latitude 38°33′07.5″ N., longitude 75°42′46″ W., thence southwest to the point of origin. Spectator area: All waters of the Nanticoke River bounded by the following points: Located northeast and up-river from the race area. From shoreline to shoreline and bound by a line commencing at latitude 38°33′08.5″ N., longitude 075°42′33.6″ W., thence southeasterly along the shoreline to latitude 38°33′02″ N., longitude 075°42′39″ W., thence across the river northwest to latitude 38°33′07.4″ N., longitude 075°42′46″ W., thence the northeast along the shore- line to latitude 38°33′13″ N., longitude 075°42′41.5″ W., thence southeast across the river to point of origin. 11. May/June—Saturday Rock Hall and Water- Kinetic Endeavors, LLC The waters of Rock Hall Harbor from shoreline to shoreline, bounded by a line and Sunday after Me- man’s Triathlon Swims. drawn from latitude 39°07′58.9″ N., longitude 076°15′02″ W., thence southeast morial Day (observed); and parallel along the harbor breakwall to latitude 39°07′50.1″ N., longitude and October—1st Sat- 076°14′41.7″ W., located at Rock Hall, MD. urday and Sunday 12. September—2nd Catholic Charities Drag- Associated Catholic The waters of the Patapsco River, within the Inner Harbor, from shoreline to shore- Saturday or the Satur- on Boat Races. Charities, Inc. line, bounded on the east by a line drawn along longitude 076°36′30″ W., located day after Labor Day. at Baltimore, MD. (biennial, even years) 13. June—3rd, 4th or Baltimore Dragon Boat Baltimore Dragon Boat The waters of Patapsco River, Northwest Harbor, in Baltimore, MD, from shoreline last Saturday or Sun- Challenge. Club. to shoreline, within an area bounded on the east by a line drawn along longitude day 076°35′00″ W. and bounded on the west by a line drawn along longitude 076°36′42″ W. 14. May—2nd, 3rd 4th or Oxford-Bellevue Enviro-Sports Produc- The waters of the Tred Avon River from shoreline to shoreline, within an area last Saturday or Sun- Sharkfest Swim. tions Inc. bounded on the east by a line drawn from latitude 38°42′25″ N., longitude day. June—1st, 2nd or 076°10 ′45″ W., thence south to latitude 38°41′37″ N., longitude 076°10′26″ W., 3rd Saturday or Sun- and bounded on the west by a line drawn from latitude 38°41′58″ N., longitude day 076°11′04″ W., thence south to latitude 38°41′25″ N., longitude 076°10′49″ W., thence east to latitude 38°41′25″ N., longitude 076°10′30″ W., located at Oxford, MD. 15. June—1st Sunday Washington’s Crossing: Wave One Swimming .... The waters of the Potomac River, from shoreline to shoreline, bounded to the north Swim Across the Poto- by a line drawn that originates at Jones Point Park, VA at the west shoreline lati- mac. tude 38°47′35″ N., longitude 077°02′22″ W., thence east to latitude 38°47′12″ N., longitude 077°00′58″ W., at east shoreline near National Harbor, MD. The regu- lated area is bounded to the south by a line drawn originating at George Wash- ington Memorial Parkway highway overpass and Cameron Run, west shoreline latitude 38°47′23″ N., longitude 077°03′03″ W., thence east to latitude 38°46′52″ N., longitude 077°01′13″ W., at east shoreline near National Harbor, MD. 16. October—last Satur- The MRE Tug of War .... Maritime Republic of The waters of Spa Creek from shoreline to shoreline, extending 400 feet from ei- day; or November— Eastport. ther side of a rope spanning Spa Creek from a position at latitude 38°58′36″ N., 1st or 2nd Saturday longitude 076°29′04.7″ W. at Annapolis City Dock, thence to a position at latitude 38°58′25″ N., longitude 076°28′52.4″ W., at Eastport, MD shoreline, near the foot of 2nd Street. 17. December—2nd Sat- Eastport Yacht Club Eastport Yacht Club ...... All waters of Spa Creek and the Severn River, shoreline to shoreline, bounded on urday or Sunday Lights Parade. the east by a line drawn from Triton Light, at latitude 38°58′53.1″ N., longitude 076°28′34.3″ W., thence southwest to Horn Point, at 38°58′20.9″ N., longitude 076°28′27.1″ W., and bounded on the west by a line drawn along 076°30′00″ W., that crosses the western end of Spa Creek, at Annapolis, MD.

VerDate Sep<11>2014 14:51 Jun 12, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1 nlaroche on DSK30NT082PROD with RULES 27002 Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Rules and Regulations

TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

18. Memorial Day week- NAS Patuxent River Air NAS Patuxent River ...... All waters of lower Patuxent River, near Solomons, Maryland, located between end—Thursday, Fri- Expo. Fishing Point and base of break wall marking the entrance to East Seaplane day, Saturday and Basin at Naval Air Station Patuxent River (adjacent to approach for runway 14), Sunday; or Labor Day within an area bounded by a line commencing near the shoreline at latitude weekend—Thursday, 38°17′39″ N., longitude 076°25′47″ W., thence northwest to latitude 38°17′47″ Friday, Saturday and N., longitude 076°26′00″ W., thence northeast to latitude 38°18′09″ N., longitude Sunday; or October— 076°25′40″ W., thence southeast to latitude 38°18′00″ N., longitude 076°25′25″ last Thursday, Friday, W., located near the shoreline at U.S. Naval Air Station Patuxent River, Mary- Saturday and Sunday land. All waters of Chesapeake Bay, located approximately 500 yards north of break wall marking entrance to Chesapeake Bay Basin, Naval Air Station Patux- ent River (adjacent to approach for runway 32), within an area bounded by a line commencing near the shoreline at latitude 38°16′53.9″ N., longitude 076°23′29.2″ W., thence southeast to latitude 38°16′40″ N., longitude 076°23′05″ W., thence southwest to latitude 38°16′19″ N., longitude 076°23′25″ W., thence northwest to latitude 38°16′30.4″ N., longitude 076°23′44.9″ W., located near the shoreline at U.S. Naval Air Station Patuxent River, Maryland. 19. May—1st or 2nd Ocean City Grand Prix .. Offshore Powerboat As- Regulated enforcement area: All waters of North Atlantic Ocean bounded within the Saturday and Sunday; sociation. following designated areas near Ocean City, MD. September—2nd or Race area: All waters of North Atlantic Ocean commencing at latitude 38°20′06.33″ 3rd, Saturday and N., longitude 075°04′39.09″ W., thence east to latitude 38°20′03.75″ N., lon- Sunday gitude 075°04′27.46″ W., thence north and parallel to Ocean City, MD shoreline to latitude 38°21′32″ N., longitude 075°03′46.57″ W., thence west to shoreline at latitude 38°21′34.58″ N., longitude 075°04′00.95″ W., thence south to the point of origin. Buffer area: 500 yards in all directions surrounding the ‘‘Race area‘‘. All waters of North Atlantic Ocean commencing at a point near the shoreline at latitude 38°21′52″ N., longitude 075°04′09″ W., thence east to latitude 38°21′44″ N., lon- gitude 075°03′21″ W., thence southwest and parallel to Ocean City, MD shore- line latitude 38°19′47″ N., longitude 075°04′15″ W., thence west to the shoreline at latitude 38°19′55″ N., longitude 075°04′57″ W. Spectator area: Vessel operation restricted to operate at No Wake Speed. All waters of North Atlantic Ocean commencing at latitude 38°20′01″ N., longitude 075°04′08.4″ W., thence east to latitude 38°19′58″ N., longitude 075°03′57″ W., thence north and parallel to Ocean City shoreline to latitude 38°21′26″ N., lon- gitude 075°03′16″ W., thence west to shoreline at latitude 38°21′29″ N., lon- gitude 075°03′27.8″ W., thence south to the point of origin. 20. June—1st, 2nd or Ocean City Air Show ..... Town of Ocean City, All waters of the North Atlanta Ocean within an area bounded by the following co- 3rd Thursday, Friday, Maryland. ordinates: Commencing at a point near the shoreline in vicinity of 33rd Street, Saturday and Sunday Ocean City, MD, latitude 38°21′48.8″ N., longitude 075°04′10″ W., thence east- ward to latitude 38°21′32″ N., longitude 075°03′12″ W., thence south to latitude 38°19′22.7″ N., longitude 075°04′09.5″ W., thence west to latitude 38°19′38.5″ N., longitude 075°05′05.4″ W., thence north along the shoreline to point of origin, located adjacent to Ocean City, MD. 21. May—2nd Saturday Cambridge Classic Pow- Cambridge Power Boat Regulated enforcement area: All waters within Hambrooks Bay and Choptank River and Sunday; Memorial erboat Race. Regatta Association. west and south of a line commencing at Great Marsh Point, latitude 38°35′06″ Day weekend (Satur- N., longitude 076°04′40.5″ W., thence northeast to latitude 38°35′22.7″ N., lon- day and Sunday). gitude 076°04′23.7″ W., thence northwest to latitude 38°35′42.2″ N., longitude July—last Saturday 076°04′51.1″ W. at Hambrooks Bar Light LLNR 24995, thence southwest to lati- and Sunday tude 38°35′34.2″ N., longitude 076°05′12.3″ W., terminating at the Hambrooks Bay breakwall as it intersects the shoreline. Race area: Located within the waters of Hambrooks Bay and Choptank River, in an area bound to the north by the Hambrooks Bay breakwall and bounded to the east by a line drawn along longitude 076°04′42″ W. The actual placement of the Race Area will be determined by the marine event sponsor within the designated boundaries described in this section. Buffer area: All waters within Hambrooks Bay and Choptank River (with the excep- tion of the Race Area designated by the marine event sponsor) bound to the north by the breakwall and continuing along a line drawn from the east end of breakwall located at latitude 38°35′27.6″ N., longitude 076°04′50.1″ W., thence east to latitude 38°35′22.7″ N., longitude 076°04′23.7″ W., thence southwest to Great Marsh Point located at latitude 38°35′06″ N., longitude 076°04′40.6″ W.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

Spectator area: All waters of the Choptank River, eastward and outside of Hambrooks Bay breakwall, thence bound by line that commences at latitude 38°35′25″ N., longitude 076°04′51″ W., thence east to latitude 38°35′22″ N., lon- gitude 076°04′36″ W., thence southeast to latitude 38°35′19″ N. longitude 076°04′33″ W., thence northeast to latitude 38°35′22.7″ N. longitude 076°04′23.7″ W. 22. July—4th or last Sat- Southern Maryland Boat Southern Maryland Boat All waters of Breton Bay, immediately adjacent to Leonardtown, MD shoreline, from urday and Sunday Club Summer Regatta. Club. shoreline to shoreline, within an area bounded to the east by a line drawn along latitude 38°16′43″ N., and bounded to the west by a line drawn along longitude 076°38′29.5″ W., located at Leonardtown, MD. Race area: The race area is rectangular in shape measuring approximately 200 yards by 870 yards. The area is bounded by a line commencing at position lati- tude 38°17′07.2″ N., longitude 076°38′17.3″ W., thence southeast to latitude 38°16′55.3″ N., longitude 076°37′48″ W., thence southwest to latitude 38°16′50.1″ N., longitude 076°37′51.3″ W., thence northwest to latitude 38°17′01.9″ N., longitude 076°38′21″ W., thence northeast to point of origin. Buffer area: The area surrounds the entire race area described in the preceding paragraph of this section. This area is rectangular in shape and provides a buffer of approximately 125 yards around the perimeter of the race area. The area is bounded by a line commencing at position latitude 38°17′12″ N., longitude 076°38′19.6″ W., thence southeast to latitude 38°16′57″ N., longitude 076°37′40.5″ W., thence southwest to latitude 38°16′44.8″ N., longitude 076°37′48.2″ W., thence northwest to latitude 38°17′00.2″ N., longitude 076°38′27.8″ W., thence northeast to point of origin. Spectator area: A. The area is bounded by a line commencing at position latitude 38°16′52.1″ N., longitude 076°38′14.2″ W., thence northeast to latitude 38°16′54″ N., longitude 076°38′12.5″ W., thence southeast to latitude 38°16′48.6″ N., lon- gitude 076°37′59.3″ W., thence southwest to latitude 38°16′47.4″ N., longitude 076°37′59.3″ W., thence northwest along the shoreline to point of origin. B. The area is bounded by a line commencing at position latitude 38°16′59.1″ N., longitude 076°37′45.6″ W., thence southeast to latitude 38°16′57.1″ N., longitude 076°37′40.2″ W., thence southwest to latitude 38°16′54.3″ N., longitude 076°37′41.9″ W., thence southeast to latitude 38°16′51.8″ N., longitude 076°37′36.4″ W., thence northeast to latitude 38°16′55.2″ N., longitude 076°37′34.2″ W., thence northwest to latitude 38°16′59.2″ N., longitude 076°37′37.2″ W., thence west to latitude 38°17′01.7″ N., longitude 076°37′43.7″ W., thence south to point of origin. C. The area is bounded by a line commencing at position latitude 38°16′47.2″ N., longitude 076°37′54.8″ W., thence south to latitude 38°16′43.3″ N., longitude 076°37′55.2″ W., thence east to latitude 38°16′43.2″ N., longitude 076°37′47.8″ W., thence north to latitude 38°16′44.7″ N., longitude 076°37′48.5″ W., thence northwest to point of origin. 23. October—Thursday, Baltimore Air Show ...... Historic Ships in Balti- Regulated area: All waters of the Patapsco River, within an area bounded by a line Friday, Saturday and more, Inc. connecting position latitude 39°16′00″ N., longitude 076°36′30″ W., thence east Sunday after Colum- to latitude 39°16′00″ N., longitude 076°33′00″ W., thence south to latitude bus Day (observed). 39°14′30″ N., longitude 076°33′00″ W., thence west to latitude 39°14′30″ N., lon- (biennial, even years) gitude 076°36′30″ W., thence north to point of origin, located between Port Cov- ington and Seagirt Marine Terminal, Baltimore, MD. Spectator Area: All waters of Patapsco River located between the northern bound- ary defined by a line drawn from the vicinity of North Locust Point Marine Ter- minal, Pier 1 thence east to Canton Industrial area, Pier 5; the south boundary is defined by a line drawn from vicinity of Whetstone Point thence east to Lazaretto Point. This area is located generally where Northwest Harbor, East Channel joins Patapsco River, Fort McHenry Channel, near Fort McHenry National Monument, Baltimore, MD. This area is bound by a line to the north commencing at position latitude 39°16′01″ N., longitude 076°34′46″ W., thence east to latitude 39°16′01″ N., longitude 076°34′09″ W., and bound by a line to the south commencing at position latitude 39°15′39″ N., longitude 076°35′23″ W., thence east to latitude 39°15′26″ N., longitude 076°34′03″ W. This spectator area is restricted to certain vessels as described in § 100.501 paragraph (g)(2).

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

(c.) Coast Guard Sector Hampton Roads—COTP Zone

1. May—last Friday, Sat- Blackbeard Festival, Bat- City of Hampton ...... The waters of Sunset Creek and Hampton River shoreline to shoreline bounded to urday and Sunday tle of Hampton. the north by the I–64 Bridge over the Hampton River and bounded to the south and/or June—1st Fri- by a line drawn from Hampton River Channel Light 16 (LL 10945), located at lati- day, Saturday and tude 37°01″03″ N., longitude 076°20′24″ W., thence west across the Hampton Sunday. River to finger pier at Bluewater Yacht Center, located at latitude 37°01′03″ N., October—3rd and 4th longitude 076°20′28″ W. weekend. Spectator Vessel Anchorage Areas—Area A: Located in the upper reaches of the Hampton River, bounded to the south by a line drawn from the western shoreline at latitude 37°01′46.6″ N., longitude 076°20′21.3″ W., thence east across the river to latitude 37°01′42.6″ N., longitude 076°20′12.3″ W., and bounded to the north by the I–64 Bridge over the Hampton River. The anchorage area will be marked by orange buoys. Area B: Located along the eastern side of the Hampton River channel, south of the route 60/143 bridge and Joy’s Marina, and adjacent to the shoreline that fronts the Riverside Health Center. Bounded by the shoreline and a line drawn between the following points: latitude 37°01′27.6″ N., longitude 076°20′23.1″ W., thence south to latitude 37°01′22.9″ N., longitude 076°20′26.1″ W. The anchorage area will be marked by orange buoys. 2. June—1st Friday, Sat- Norfolk Harborfest ...... Norfolk Festevents, Ltd .. The waters of the Elizabeth River and its branches from shoreline to shoreline, urday and Sunday or bounded to the northwest by a line drawn across the Port Norfolk Reach section 2nd Friday, Saturday of the Elizabeth River between the north corner of the landing at Hospital Point, and Sunday Portsmouth, Virginia, latitude 36°50′51.6″ N., longitude 076°18′07.9″ W., and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Avenue lo- cated at latitude 36°51′00.3″ N., longitude 076°17′51″ W.; bounded on the south- west by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.9″ N., longitude 076°18′07.7″ W., to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, lo- cated at latitude 36°50′33.6″ N., longitude 076°17′54.1″ W.; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′13.2″ N., longitude 076°17′44.8″ W., and the northwest corner of the Norfolk Shipbuilding & Dry- dock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.8″ N., longitude 076°17′37.5″ W.; and to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N., longitude 076°17′14.5″ W., and Norfolk at latitude 36°50′35″ N., longitude 076°17′10″ W. 3. June—2nd or 3rd Sat- Cock Island Race ...... Portsmouth Boat Club & The waters of the Elizabeth River and its branches from shoreline to shoreline, urday City of Portsmouth, VA. bounded to the northwest by a line drawn across the Port Norfolk Reach section of the Elizabeth River between the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.6″ N., longitude 076°18′07.9″ W. and the north corner of the City of Norfolk Mooring Pier at the foot of Brooks Av- enue located at latitude 36°51′00.3″ N., longitude 076°17′51″ W.; bounded on the southwest by a line drawn from the southern corner of the landing at Hospital Point, Portsmouth, Virginia, at latitude 36°50′50.9″ N., longitude 076°18′07.7″ W., to the northern end of the eastern most pier at the Tidewater Yacht Agency Ma- rina, located at latitude 36°50′33.6″ N., longitude 076°17′54.1″ W.; bounded to the south by a line drawn across the Lower Reach of the Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′13.2″ N., longitude 076°17′44.8″ W., and the northwest corner of the Norfolk Shipbuilding & Dry- dock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.8″ N., longitude 076°17′37.5″ W.; and bounded to the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5″ N., longitude 076°17′14.5″ W., and Norfolk at latitude 36°50′35″ N., longitude 076°17′10″ W. 4. June—last Saturday RRBA Spring Radar Rappahannock River All waters of Rappahannock River, adjacent to Layton, VA, from shoreline to shore- or July—1st Saturday Shootout. Boaters Association line, bounded on the west by a line running along longitude 076°58′30″ W., and (RRBA). bounded on the east by a line running along longitude 076°56′00″W. Buffer area: The waters of Rappahannock River extending 200 yards outwards from east and west boundary lines described in this section.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

Spectator area: The regulated area cannot accommodate spectator vessels due to limitations posed by shallow water and insufficient waters to provide adequate separation between race course and other vessels. Spectators are encouraged to view the race from points along the adjacent shoreline. 5. July—last Wednesday Pony Penning Swim ...... Chincoteague Volunteer The waters of Assateague Channel from shoreline to shoreline, bounded to the and following Friday; Fire Department. east by a line drawn from latitude 37°55′01″ N., longitude 075°22′40″ W., thence or August—1st south to latitude 37°54′50″ N., longitude 075°22′46″ W.; and to the southwest by Wednesday and fol- a line drawn from latitude 37°54′54″ N., longitude 075°23′00″ W., thence east to lowing Friday latitude 37°54′49″ N., longitude 075°22′49″ W. 6. August 1st or 2nd Fri- Hampton Cup Regatta ... Hampton Cup Regatta Regulated enforcement area—All waters of Mill Creek, adjacent and north of Fort day, Saturday and Boat Club. Monroe, Hampton, Virginia. The regulated area includes the following areas: Sunday. September Race area: All waters within the following boundaries: to the north, a line drawn 4th Saturday and Sun- along latitude 37°01′03″ N., to the east a line drawn along longitude 076°18′30″ day W., to the south a line drawn parallel with the Fort Monroe shoreline, and west boundary is parallel with the Route 258—East Mercury Boulevard Bridge-cause- way. Buffer area A: All waters bounded by a line connecting the following points: latitude 37°00′43″ N., longitude 076°18′54″ W., thence north along the causeway to lati- tude 37°01′03″ N., longitude 076°18′52″ W., thence southwest to latitude 37°01′00″ N., longitude 076°18′54″ W., thence south to Route 143 causeway at latitude 37°00′44″ N., longitude 076°18′58″ W., thence east along the shoreline to point of origin. Buffer area B: All waters bounded by a line connecting the following points: latitude 37°01′08″ N., longitude 076°18′49″ W., thence east to latitude 37°01′08″ N., lon- gitude 076°18′23″ W., thence south to latitude 37°00′33″ N., longitude 076°18 ′23″ W., thence west to latitude 37°00′33″ N., longitude 076°18′30″ W., thence north to latitude 37°01′03″ N., longitude 076°18′30″ W., thence west to latitude 37°01′03″ N., longitude 076°18′49″ W., thence north to point of origin. Spectator area: All waters bounded by a line connecting the following points: lati- tude 37°01′08″ N., longitude 076°18′23″ W., thence east to latitude 37°01′08″ N., longitude 076°18′14″ W., thence south to latitude 37°00′54″ N., longitude 076°18′14″ W., thence southwest to latitude 37°00′54″ N., longitude 076°18′14″ W., thence north to point of origin. 7. September 1st Friday, Hampton Virginia Bay Hampton Bay Days Inc .. The waters of Sunset Creek and Hampton River shoreline to shoreline bounded to Saturday and Sunday Days Festival. the north by the I–64 Bridge over the Hampton River and bounded to the south or 2nd Friday, Satur- by a line drawn from Hampton River Channel Light 16 (LL 10945), located at lati- day and Sunday tude 37°01′03″ N., longitude 076°20′24″ W., thence west to the finger pier across the river at Bluewater Yacht Center, located at latitude 37°01′03″ N., longitude 076°20′28″ W. 8. September—last Sun- Poquoson Seafood Fes- City of Poquoson ...... The waters of the Back River, Poquoson, Virginia. day or October—1st or tival Workboat Races. Race area: The area is bounded on the north by a line drawn along latitude 2nd Sunday 37°06′30″ N., bounded on the south by a line drawn along latitude 37°06′15″ N., bounded on the east by a line drawn along longitude 076°18′52″ W. and bound- ed on the west by a line drawn along longitude 076°19′30″ W. Buffer area: The waters of Back River extending 200 yards outwards from east and west boundary lines, and 100 yards outwards from the north and south boundary lines described in this section. Spectator area: Is located along the south boundary line of the buffer area de- scribed in this section and continues to the south for 300 yards. 9. June—3rd Saturday Mattaponi Drag Boat Mattaponi Volunteer All waters of Mattaponi River immediately adjacent to Rainbow Acres Campground, and Sunday or 4th Race. Rescue Squad and King and Queen County, Virginia. The regulated area includes a section of the Saturday and Sunday Dive Team. Mattaponi River approximately three-quarter mile long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 076°52′43″ W., near the mouth of Mitchell Hill Creek, and bounded to the west by a line that runs parallel along longitude 076°53′41″ W. just north of Wakema, Virginia. Buffer area: The waters of Mattaponi River extending 200 yards outwards from east and west boundary lines described in this section. Spectator area: The regulated area cannot accommodate spectator vessels due to limitations posed by shallow water and insufficient waters to provide adequate separation between race course and other vessels. Spectators are encouraged to view the race from points along the adjacent shoreline.

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TABLE TO § 100.501—Continued [All coordinates listed in the Table to § 100.501 Reference Datum NAD 1983.]

No./enforcement Event Sponsor Location/special local regulation area period(s) 1

10. June—2nd or 3rd Virginia Boat Club (VBC) Virginia Boat Club, Rich- All waters of the James River in the vicinity of Robious Landing Park, Midlothian, Saturday or Sunday Sprints Regatta on the mond, VA. VA. The regulated area includes a section of the James River approximately James River. 1300 yards long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 077°38″04″ W., and bounded to the west by a line that runs parallel along longitude 077°38′54″ W., north of Robious Landing Park.

(d.) Coast Guard Sector North Carolina—COTP Zone

1. September—4th or Swim the Loop and Without Limits Coaching, All waters surrounding Harbor Island, NC including Intracoastal waterway, Lees last Saturday and or Motts Channel Sprint. Inc. Cut, Banks Channel and Motts Channel. Enforcement area extends approxi- Sunday mately 100 yards from the shoreline of Harbor Island and is bounded by a line connecting the following points: Latitude 34°12′55″ N., longitude 077°48′59″ W., thence northeast to latitude 34°13′16″ N., longitude 077°48′39″ W., thence south- east to latitude 34°13′06″ N., longitude 077°48′18″ W., thence east to latitude 34°13′;12″ N., longitude 077°47′41″ W., thence southeast to latitude 34°13′06″ N., longitude 077°47′33″ W., thence south to latitude 34°12′31″ N., longitude 077°47′47″ W., thence southwest to latitude 34°12′11″ N., longitude 077°48′01″ W., thence northwest to latitude 34°12′29″ N., longitude 077°48′29″ W., thence north to latitude 34°12′44″ N., longitude 077°48′32″ W., thence northwest to point of origin. 2. September—3rd, 4th Wilmington YMCA Wilmington, NC, YMCA All waters of Motts Channel, from shoreline to shoreline and between Wrightsville or last Saturday; Octo- Triathlon. Channel Day beacon 14 (LLNR 30220), located at latitude 34°12′17.8″ N., lon- ber—last Saturday; gitude 077°48′09.1″ W., thence westward to Wrightsville Channel Day beacon 25 November—1st and or (LLNR 30255), located at latitude 34°12′52.1″ N., longitude 077°48′53.5″ W. 2nd Saturday 3. August—2nd Saturday The Crossing ...... Organization to Support All waters of Lake Gaston, from shoreline to shoreline, directly under the length of the Arts, Infrastructure, Eaton Ferry Bridge (NC State Route 903), commencing at the southern bridge and Learning on Lake entrance at latitude 36°30′38″ N., longitude 077°57′53″ W., and extending to the Gaston, AKA O’SAIL. northern bridge entrance at latitude 36°31′19″ N., longitude 077°57′33″ W., and bounded to the west by a line drawn parallel and 100 yards from and the west- ern side of Eaton Ferry Bridge near Littleton, NC. 4. October—3rd, 4th or PPD Ironman North Ironman, Wilmington, NC All waters of Masonboro Inlet, shoreline to shoreline starting at location latitude last Friday or Saturday Carolina. 34°11′13″ N., longitude 077°48′53″ W., thence north along Banks Channel to lati- tude 34°12′14″ N., longitude 077°48′04″ W., thence west to Motts channel, termi- nating at Sea Path Marina at latitude 34°12′44″ N., longitude 077°48′25″ W., Wrightsville Beach, NC. 1 As noted in paragraph (f) of this section, the enforcement period for each of the listed special local regulations is subject to change.

PART 165—REGULATED NAVIGATION (2) This section applies to the officers of the U.S. Coast Guard. Other AREAS AND LIMITED ACCESS AREAS fireworks safety zones listed in the Federal, State, and local agencies may Table to § 165.506. These regulations assist these personnel in the ■ 5. The authority citation for part 165 will be enforced annually, for the enforcement of the safety zone. Upon continues to read as follows: duration of each fireworks event listed being hailed by a U.S. Coast Guard Authority: 33 U.S.C. 1231; 50 U.S.C. 191, in the Table to § 165.506. In the case of vessel by siren, radio, flashing light or 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; inclement weather, the event may be other means, the operator of a vessel Department of Homeland Security Delegation conducted on the day following the date shall proceed as directed. No. 0170.1. listed in the Table to § 165.506. Annual (b) Notification. (1) Fireworks barges notice of the exact dates and times of and launch sites on land that operate § 165.T05–0330 [Removed] the enforcement period of the regulation within the regulated areas contained in ■ 6. Remove § 165.T05–0330. with respect to each safety zone, the the Table to § 165.506 will have a sign geographical area, and other details affixed to the port and starboard side of § 165.T05–0495 [Removed] concerning the nature of the fireworks the barge or mounted on a post 3 feet ■ 7. Remove § 165.T05–0495. event will be published in Local Notices above ground level when on land to Mariners and via Broadcast Notice to immediately adjacent to the shoreline § 165.T05–0723 [Removed] Mariners over VHF–FM marine band and facing the water labeled ■ 8. Remove § 165.T05–0723. radio. ‘‘FIREWORKS—DANGER—STAY ■ 9. Revise § 165.506 to read as follows: (3) All persons and vessels shall AWAY’’. This will provide on-scene comply with the instructions of the notice that the safety zone will be § 165.506 Safety Zones; Fireworks Coast Guard Captain of the Port, the enforced on that day. This notice will Displays in the Fifth Coast Guard District. Coast Guard Patrol Commander, or the consist of a diamond shaped sign 4 feet (a) Regulations. (1) The general designated on-scene-patrol personnel. by 4 feet with a 3-inch orange retro regulations contained in 33 CFR 165.23 Those personnel are comprised of reflective border. The word ‘‘DANGER’’ apply. commissioned, warrant, and petty shall be 10 inch black block letters

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centered on the sign with the words description of the geographical area of ‘‘FIREWORKS—DANGER—STAY ‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in each Coast Guard Sector—Captain of the AWAY’’ sign is posted on land adjacent 6 inch black block letters placed above Port zone, please see 33 CFR 3.25. to the shoreline, in a location listed in and below the word ‘‘DANGER’’ (1) Coast Guard Sector Delaware the Table to § 165.506. Vessels may not respectively on a white background. Bay—Captain of the Port Zone, enter, remain in, or transit through the (2) Coast Guard Captains of the Port Philadelphia, Pennsylvania: (215) 271– safety zones during these enforcement in the Fifth Coast Guard District will 4940. periods unless authorized by the (2) Coast Guard Sector Maryland- notify the public of the enforcement of Captain of the Port or designated Coast National Capital Region—Captain of the these safety zones by all appropriate Guard patrol personnel on scene. The Port Zone, Baltimore, Maryland: (410) means to affect the widest publicity enforcement periods for each Safety 576–2525. among the affected segments of the (3) Coast Guard Sector Hampton Zone in the Table to § 165.506 of this public. Publication in the Local Notice Roads—Captain of the Port Zone, section are subject to change, but the to Mariners, Marine information Norfolk, Virginia: (757) 483–8567. duration of enforcement would remain broadcasts, and facsimile broadcasts (4) Coast Guard Sector North the same or nearly the same total may be made for these events, beginning Carolina—Captain of the Port Zone, amount of time as stated in its table. In 24 to 48 hours before the event is Wilmington, North Carolina: (877) 229– the event of a change, or for scheduled to begin, to notify the public. 0770 or (910) 362–4015. enforcement periods listed that do not (c) Contact information. Questions (d) Enforcement periods. The safety allow a specific date or dates to be about safety zones and related events zones in the Table to § 165.506 will be determined, the Captain of the Port will should be addressed to the local Coast enforced from 5:30 p.m. to 1 a.m. each provide notice by publishing a Notice of Guard Captain of the Port for the area day a barge with a ‘‘FIREWORKS— Enforcement in the Federal Register, as in which the event is occurring. Contact DANGER—STAY AWAY’’ sign on the well as issuing a Broadcast Notice to information is listed below. For a port and starboard side is on-scene or a Mariners. TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

(a.) Coast Guard Sector Delaware Bay—COTP Zone

1 July 2nd, 3rd, 4th or 5th ...... North Atlantic Ocean, Bethany Beach, The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks DE; Safety Zone. barge in approximate position latitude 38°32′08″ N., longitude 075°03′15″ W., adjacent to shoreline of Bethany Beach, DE. 2 Labor Day ...... Indian River Bay, DE; Safety Zone ...... All waters of the Indian River Bay within a 700 yard radius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N., lon- gitude 075°08′18″ W. 3 July 2nd, 3rd or 4th ...... North Atlantic Ocean, Rehoboth Beach, All waters of the North Atlantic Ocean within a 360 yard radius of the fireworks DE; Safety Zone. barge in approximate position latitude 38°43′01.2″ N., longitude 075°04′21″ W., approximately 400 yards east of Rehoboth Beach, DE. 4 July 2nd, 3rd, 4th or 5th ...... North Atlantic Ocean, Avalon, NJ; Safe- The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks ty Zone. barge in approximate location latitude 39°06′19.5″ N., longitude 074°42′02.15″ W., in the vicinity of the shoreline at Avalon, NJ. 5 July 2nd, 3rd, or 4th; September 1st, Barnegat Bay, Barnegat Township, NJ; The waters of Barnegat Bay within a 500 yard radius of the fireworks barge in or 2nd Saturday. Safety Zone. approximate position latitude 39°44′50″ N., longitude 074°11′21″ W., approxi- mately 500 yards north of Conklin Island, NJ. 6 July 2nd, 3rd, 4th or 5th ...... North Atlantic Ocean, Cape May, NJ; The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks Safety Zone. barge in approximate location latitude 38°55′36″ N., longitude 074°55′26″ W., immediately adjacent to the shoreline at Cape May, NJ. 7 July 2nd, 3rd, 4th or 5th ...... Delaware Bay, North Cape May, NJ; All waters of the Delaware Bay within a 360 yard radius of the fireworks barge Safety Zone. in approximate position latitude 38°58′00″ N., longitude 074°58′30″ W. 8 July 2nd, 3rd, 4th or 5th. August—3rd Great Egg Harbor Inlet, Margate City, All waters within a 500 yard radius of the fireworks barge in approximate loca- Sunday. NJ; Safety Zone. tion latitude 39°19′33″ N., longitude 074°31′28″ W., on the Intracoastal Water- way near Margate City, NJ. 9 July 2nd, 3rd, 4th or 5th August every Metedeconk River, Brick Township, NJ; The waters of the Metedeconk River within a 300 yard radius of the fireworks Thursday; September 1st Thursday. Safety Zone. launch platform in approximate position latitude 40°03′24″ N., longitude 074°06′42″ W., near the shoreline at Brick Township, NJ. 10 July 2nd, 3rd, 4th or 5th ...... North Atlantic Ocean, Atlantic City, NJ; The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks Safety Zone. barge located at latitude 39°20′58″ N., longitude 074°25′58″ W., and within 500 yard radius of a fireworks barge located at latitude 39°21′12″ N., lon- gitude 074°25′06″ W., near the shoreline at Atlantic City, NJ. 11 July 2nd, 3rd, 4th or 5th. October— North Atlantic Ocean, Ocean City, NJ; The waters of the North Atlantic Ocean within a 500 yard radius of the fireworks 1st or 2nd Saturday. Safety Zone. barge in approximate location latitude 39°16′22″ N., longitude 074°33′54″ W., in the vicinity of the shoreline at Ocean City, NJ. 12 May—4th Saturday...... Barnegat Bay, Ocean Township, NJ; All waters of Barnegat Bay within a 500 yard radius of the fireworks barge in ap- Safety Zone. proximate position latitude 39°47′33″ N., longitude 074°10′46″ W. 13 July 2nd, 3rd, 4th or 5th ...... Little Egg Harbor, Parker Island, NJ; All waters of Little Egg Harbor within a 500 yard radius of the fireworks barge in Safety Zone. approximate position latitude 39°34′18″ N., longitude 074°14′43″ W., approxi- mately 50 yards north of Parkers Island. 14 September—3rd Saturday...... Delaware River, Chester, PA; Safety All waters of the Delaware River near Chester, PA just south of the Commodore Zone. Barry Bridge within a 250 yard radius of the fireworks barge located in ap- proximate position latitude 39°49′43.2″ N., longitude 075°22′42″ W. 15 September—3rd Saturday ...... Delaware River, Essington, PA; Safety All waters of the Delaware River near Essington, PA, west of Little Tinicum Is- Zone. land within a 250 yard radius of the fireworks barge located in the approxi- mate position latitude 39°51′18″ N., longitude 075°18′57″ W.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

16 July 2nd, 3rd, 4th or 5th; Columbus Delaware River, Philadelphia, PA; Safe- All waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, Day; December 31st, January 1st. ty Zone. bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N., lon- gitude 075°08′28.1″ W., thence to latitude 39°56′29.1″ N., longitude 075°07′56.5″ W., and bounded on the north by the Benjamin Franklin Bridge. 17 July 2nd, 3rd, 4th or 5th ...... N. Atlantic Ocean, Sea Isle City, NJ; All waters of N. Atlantic Ocean within a 350 yard radius of a fireworks barge lo- Safety Zone. cated approximately at position latitude 39°08′49.5″ N., longitude 074°41′25.1″ W., near Sea Isle City, NJ. 18 April 8th; July 2nd, 3rd, 4th or 5th; Rehoboth Bay, DE; Safety Zone ...... All waters within a 500 yard radius of a fireworks barge located at position lati- December 31st. tude 38°41′21″ N., longitude 075°05′00″ W., at Rehoboth Bay near Dewey Beach, DE.

(b.) Coast Guard Sector Maryland-National Capital Region—COTP Zone

1 April—1st, 2nd or 3rd Saturday ...... Washington Channel, Upper Potomac All waters of the Upper Potomac River within 170 yards radius of the fireworks River, Washington, DC; Safety Zone. barge in approximate position latitude 38°52′20.3″ N., longitude 077°01′17.5″ W., located within the Washington Channel in Washington Harbor, DC. 2 July 4th; December—1st and 2nd Sat- Severn River and Spa Creek, Annap- All waters of the Severn River and Spa Creek within a 300 yard radius of the urday; December 31st. olis, MD; Safety Zone. fireworks barge in approximate position 38°58′41.76″ N., 076°28′34.2″ W., lo- cated near the entrance to Spa Creek, Annapolis, MD. 3 December 31st ...... Upper Potomac River, Washington, DC; All waters of the Upper Potomac River within a 300 yard radius of the fireworks Safety Zone. barge in approximate position 38°48′14″ N., 077°02′10″ W., located near the waterfront (King Street) at Alexandria, Virginia. 4 June 14th; July 4th; September—2nd Northwest Harbor (East Channel), Pa- All waters of the Patapsco River within a 300 yard radius of the fireworks barge Saturday; December 31st. tapsco River, MD; Safety Zone. in approximate position 39°15′55″ N., 076°34′35″ W., located adjacent to the East Channel of Northwest Harbor. 5 April—1st Tuesday; May—2nd or 3rd Baltimore Inner Harbor, Patapsco River, All waters of the Patapsco River within a 100 yard radius of the fireworks barge Thursday or Friday; July 4th; Decem- MD; Safety Zone. in approximate position latitude 39°17′01″ N., longitude 076°36′31″ W., lo- ber 31st. cated at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. 6 April—1st Tuesday; May—2nd or 3rd Baltimore Inner Harbor, Patapsco River, The waters of the Patapsco River within a 100 yard radius of approximate posi- Thursday or Friday; July 4th Decem- MD; Safety Zone. tion latitude 39°17′04″ N., longitude 076°36′36″ W., located in Baltimore Inner ber 31st. Harbor, approximately 125 yards southeast of pier 1. 7 July 4th; December 31st ...... Northwest Harbor (West Channel) Pa- All waters of the Patapsco River within a 300 yard radius of the fireworks barge tapsco River, MD; Safety Zone. in approximate position latitude 39°16′21″ N., longitude 076°34′38″ W., lo- cated adjacent to the West Channel of Northwest Harbor. 8 July 4th, or Saturday before, or Friday Patuxent River, Calvert County, MD; All waters of the Patuxent River within a 200 yard radius of the fireworks barge after Independence Day holiday. Safety Zone. located at latitude 38°19′17″ N., longitude 076°27′45″ W., approximately 800 feet from shore at Solomons Island, MD. 9 July 4th or Sunday before Independ- Chesapeake Bay, Chesapeake Beach, All waters of the Chesapeake Bay within a 200 yard radius of the fireworks ence Day holiday. MD; Safety Zone. barge in approximate position latitude 38°41′36″ N., longitude 076°31′30″ W., and within a 200 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N., longitude 076°31′29″ W., located near Chesapeake Beach, Maryland. 10 July 4th ...... Choptank River, Cambridge, MD; Safety All waters of the Choptank River within a 300 yard radius of the fireworks Zone. launch site at Great Marsh Point, located at latitude 38°35′06″ N., longitude 076°04′46″ W. 11 July—2nd, 3rd or last Saturday ...... Potomac River, Fairview Beach, All waters of the Potomac River within a 300 yard radius of the fireworks barge Charles County, MD; Safety Zone. in approximate position latitude 38°19′57″ N., longitude 077°14′40″ W., lo- cated north of the shoreline at Fairview Beach, Virginia. 12 July—day before Independence Day Potomac River, National Harbor, MD; All waters of the Potomac River within an area bound by a line drawn from the holiday July 4th. Safety Zone. following points: Latitude 38°47′13″ N., longitude 077°00′58″ W., thence to latitude 38°46′51″ N., longitude 077°01′15″ W., thence to latitude 38°47′25″ N., longitude 077°01′33″ W., thence to latitude 38°47′32″ N., longitude 077°01′08″ W., thence to the point of origin, located at National Harbor, Mary- land. 13 Sunday before or after July 4th, July Susquehanna River, Havre de Grace, All waters of the Susquehanna River within a 300 yard radius of approximate 4th. MD; Safety Zone. position latitude 39°32′06″ N., longitude 076°05′22″ W., located on the island at Millard Tydings Memorial Park. 14 The Saturday before Independence Miles River, St. Michaels, MD; Safety All waters of the Miles River within a 200 yard radius of approximate position Day holiday occurring in June or July. Zone. latitude 38°47′42″ N., longitude 076°12′51″ W., located at the entrance to Long Haul Creek. 15 July 3rd ...... Tred Avon River, Oxford, MD; Safety All waters of the Tred Avon River within a 150 yard radius of the fireworks Zone. barge in approximate position latitude 38°41′24″ N., longitude 076°10′37″ W., approximately 500 yards northwest of the waterfront at Oxford, MD. 16 July 3rd ...... Northeast River, North East, MD; Safety All waters of the Northeast River within a 300 yard radius of the fireworks barge Zone. in approximate position latitude 39°35′26″ N., longitude 075°57′00″ W., ap- proximately 400 yards south of North East Community Park. 17 July—1st, 2nd or 3rd Saturday ...... Upper Potomac River, Washington, DC; All waters of the Upper Potomac River within a 300 yard radius of the fireworks Safety Zone. barge in approximate position 38°48′38″ N., 077°01′56″ W., located east of Oronoco Bay Park at Alexandria, Virginia. 18 March through October, at the con- Anacostia River, Washington, DC; Safe- All waters of the Anacostia River within a 150 yard radius of the fireworks barge clusion of evening MLB games at ty Zone. in approximate position latitude 38°52′13″ N., longitude 077°00′16″ W., lo- Washington Nationals Ball Park. cated near the Washington Nationals Ball Park. 19 June—last Saturday or July—1st Potomac River, Prince William County, All waters of the Potomac River within a 200 yard radius of the fireworks barge Saturday; July—3rd, 4th or last Satur- VA; Safety Zone. in approximate position latitude 38°34′09″ N., longitude 077°15′32″ W., lo- day; September—Saturday before cated near Cherry Hill, Virginia. Labor Day (observed).

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

20 July 4th ...... North Atlantic Ocean, Ocean City, MD; All waters of the North Atlantic Ocean in an area bound by the following points: Safety Zone. Latitude 38°19′39.9″ N., longitude 075°05′03.2″ W.; thence to latitude 38°19′36.7″ N., longitude 075°04′53.5″ W.; thence to latitude 38°19′45.6″ N., longitude 075°04′49.3″ W.; thence to latitude 38°19′49.1″ N., longitude 075°05′00.5″ W.; thence to point of origin. The size of the safety zone ex- tends approximately 300 yards offshore from the fireworks launch area lo- cated at the high water mark on the beach. 21 July 4th and Sunday before Labor Isle of Wight Bay, Ocean City, MD; All waters of Isle of Wight Bay within a 200 yard radius of the fireworks barge in Day (observed). Safety Zone. approximate position latitude 38°22′31″ N., longitude 075°04′34″ W. 22 July 4th...... Assawoman Bay, Fenwick Island— All waters of Assawoman Bay within a 360 yard radius of the fireworks launch Ocean City, MD; Safety Zone. location on the pier at the West end of Northside Park, in approximate posi- tion latitude 38°25′55″ N., longitude 075°03′53″ W. 23 April—1st Tuesday. July 4th; Decem- Baltimore Harbor, Baltimore Inner Har- All waters of Baltimore Harbor, Patapsco River, within a 280 yard radius of a ber 31st. bor, MD; Safety Zone. fireworks barge in approximate position latitude 39°16′36.7″ N., longitude 076°35′53.8″ W., located northwest of the Domino Sugar refinery wharf at Baltimore, Maryland. 24 Thursday before July 4th (observed); Chester River, Kent Island Narrows, All waters of Chester River, Kent Narrows North Approach, within a 300 yard ra- and or July 4th. MD, Safety Zone. dius of the fireworks launch site at Kent Island in approximate position latitude 38°58′44.4″ N., longitude 076°14′51.7″ W., in Queen Anne’s County, MD.

(c.) Coast Guard Sector Hampton Roads—COTP Zone

1 July 4th ...... Linkhorn Bay, Virginia Beach, VA, Safe- All waters of the Linkhorn Bay within a 400 yard radius of the fireworks display ty Zone. in approximate position latitude 36°52′20″ N., longitude 076°00′38″ W., lo- cated near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 2 September—last Friday or October— York River, West Point, VA, Safety All waters of the York River near West Point, VA within a 400 yard radius of the 1st Friday. Zone. fireworks display located in approximate position latitude 37°31′25″ N., lon- gitude 076°47′19″ W. 3 July 4th ...... York River, Yorktown, VA, Safety Zone All waters of the York River within a 400 yard radius of the fireworks display in approximate position latitude 37°14′14″ N., longitude 076°30′02″W., located near Yorktown, Virginia. 4 July 4th, July 5th, July 6th, or July 7th James River, Newport News, VA, Safe- All waters of the James River within a 325 yard radius of the fireworks barge in ty Zone. approximate position latitude 36°58′30″ N., longitude 076°26′19″ W., located in the vicinity of the Newport News Shipyard, Newport News, Virginia. 5 June—1st and 4th Friday; July—1st Chesapeake Bay, Norfolk, VA, Safety All waters of the Chesapeake Bay within a 400 yard radius of the fireworks dis- Friday; July 4th. Zone. play located in position latitude 36°57′21″ N., longitude 076°15′00″ W., lo- cated near Ocean View Fishing Pier. 6 July 4th or 5th ...... Chesapeake Bay, Virginia Beach, VA, All waters of the Chesapeake Bay 400 yard radius of the fireworks display in Safety Zone. approximate position latitude 36°55′02″ N., longitude 076°03′27″ W., located at the First Landing State Park at Virginia Beach, Virginia. 7 July 4th; December 31st, January 1st Elizabeth River, Southern Branch, Nor- All waters of the Elizabeth River Southern Branch in an area bound by the fol- folk, VA, Safety Zone. lowing points: Latitude 36°50′54.8″ N., longitude 076°18′10.7″ W.; thence to latitude 36°51′7.9″ N., longitude 076°18′01″ W.; thence to latitude 36°50′45.6″ N., longitude 076°17′44.2″ W.; thence to latitude 36°50′29.6″ N., longitude 076°17′23.2″ W.; thence to latitude 36°50′7.7″ N., longitude 076°17′32.3″ W.; thence to latitude 36°49′58″ N., longitude 076°17′28.6″ W.; thence to latitude 36°49′52.6″ N., longitude 076°17′43.8″ W.; thence to latitude 36°50′27.2″ N., longitude 076°17′45.3″ W. thence to the point of origin. 8 July—3rd and or 4th Saturday ...... John H. Kerr Reservoir, Clarksville, VA, All waters of John H. Kerr Reservoir within a 400 yard radius of approximate po- Safety Zone. sition latitude 36°37′51″ N., longitude 078°32′50″ W., located near the center span of the State Route 15 Highway Bridge. 9 June, July, August, and September— North Atlantic Ocean, Virginia Beach, All waters of the North Atlantic Ocean within a 1000 yard radius of the center lo- every Wednesday, Thursday, Friday, VA, Safety Zone A. cated near the shoreline at approximate position latitude 36°51′12″ N., lon- Saturday and Sunday. July 4th.. gitude 075°58′06″ W., located off the beach between 17th and 31st streets. 10 September—last Saturday or Octo- North Atlantic Ocean, VA Beach, VA, All waters of the North Atlantic Ocean within a 350 yard radius of approximate ber—1st Saturday. Safety Zone B. position latitude 36°50′35″ N., longitude 075°58′09″ W., located on the 14th Street Fishing Pier. 11 Friday, Saturday and Sunday Labor North Atlantic Ocean, VA Beach, VA, All waters of the North Atlantic Ocean within a 350 yard radius of approximate Day Weekend. Safety Zone C. position latitude 36°49′55″ N., longitude 075°58′00″ W., located off the beach between 2nd and 6th streets. 12 July 4th ...... Nansemond River, Suffolk, VA, Safety All waters of the Nansemond River within a 350 yard radius of approximate po- Zone. sition latitude 36°44′27″ N., longitude 076°34′42″ W., located near Constant’s Wharf in Suffolk, VA. 13 July 4th ...... Chickahominy River, Williamsburg, VA, All waters of the Chickahominy River within a 400 yard radius of the fireworks Safety Zone. display in approximate position latitude 37°14′50″ N., longitude 076°52′17″ W., near Barrets Point, Virginia. 14 July—3rd, 4th and 5th ...... Great Wicomico River, Mila, VA, Safety All waters of the Great Wicomico River located within a 140 yard radius of the Zone. fireworks display at approximate position latitude 37°50′31″ N., longitude 076°19′42″ W. near Mila, Virginia. 15 ≤July—1st Friday, Saturday and Sun- Cockrell’s Creek, Reedville, VA, Safety All waters of Cockrell’s Creek located within a 140 yard radius of the fireworks day. Zone. display at approximate position latitude 37°49′54″ N., longitude 076°16′44″ W. near Reedville, Virginia. 16 May—last Sunday...... James River, Richmond, VA, Safety All waters of the James River located within a 140 yard radius of the fireworks Zone. display at approximate position latitude 37°31′13.1″ N., longitude 077°25′07.84″ W., near Richmond, Virginia. 17 June—last Saturday ...... Rappahannock River, Tappahannock, All waters of the Rappahannock River located within a 140 yard radius of the VA, Safety Zone. fireworks display at approximate position latitude 37°55′12″ N., longitude 076°49′12″ W. near Tappahannock, Virginia.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

No./enforcement period(s) 1 Location Safety zone—regulated area

18 July 4th, August—1st Friday, Satur- Cape Charles Harbor, Cape Charles, All waters of Cape Charles Harbor located within a 125 yard radius of the fire- day and Sunday, and December 31st. VA, Safety Zone. works display at approximate position latitude 37°15′46.5″ N., longitude 076°01′30.3″ W. near Cape Charles, Virginia. 19 July 3rd or 4th ...... Pagan River, Smithfield, VA, Safety All waters of the Pagan River located within a 140 yard radius of the fireworks Zone. display at approximate position latitude 36°59′18″ N., longitude 076°37′45″ W., near Smithfield, Virginia. 20 July 4th ...... Sandbridge Shores, Virginia Beach, VA, All waters of Sandbridge Shores located within a 100 yard radius of the fire- Safety Zone. works display at approximate position latitude 36°43′24.9″ N., longitude 075°56′24.9″ W., near Virginia Beach, Virginia. 21 July 4th, 5th or 6th ...... Chesapeake Bay, Virginia Beach, VA, All waters of Chesapeake Bay located within a 200 yard radius of the fireworks Safety Zone. display at approximate position latitude 36°54′58.18″ N., longitude 076°06′44.3″ W., near Virginia Beach, Virginia. 22 July 3rd, 4th and 5th ...... Urbanna Creek, Urbanna, VA; Safety All waters of Urbanna Creek within a 120 yard radius of the fireworks launch Zone. site at latitude 37°38′09″ N., longitude 076°34′03″ W., located on land near the east shoreline of Urbanna Creek and south of Bailey Point. 23 ≤April through August; every Elizabeth River Eastern Branch, Nor- All waters of Eastern Branch Elizabeth River within the area along the shoreline Wednesday, Thursday, Friday and folk, VA; Safety Zone. immediately adjacent to Harbor Park Stadium ball park and outward into the Saturday; July 2nd, 3rd, 4th, or 5th; river bound by a line drawn from latitude 36°50′30″ N., longitude 076°16′39.9″ last Sunday in August; and Friday, W., thence south to 36°50′26.6″ N., longitude 076°16′39″ W., thence north- Saturday and Sunday of Labor Day west to 36°50′28.8″ N., longitude 076°16′49.1′ W., thence north to weekend. 36°50′30.9″ N., longitude 076°16′48.6″ W., thence east along the shoreline to point of origin.

(d.) Coast Guard Sector North Carolina—COTP Zone

1 July 4th; October—1st Saturday ...... Morehead City Harbor Channel, NC, All waters of the Morehead City Harbor Channel that fall within a 360 yard ra- Safety Zone. dius of latitude 34°43′01″ N., longitude 076°42′59.6″ W., a position located at the west end of Sugar Loaf Island, NC. 2 April—2nd Saturday; July 4th; Au- Cape Fear River, Wilmington, NC, Safe- All waters of the Cape Fear River within an area bound by a line drawn from the gust—3rd Monday; October—1st Sat- ty Zone. following points: Latitude 34°13′54″ N., longitude 077°57′06″ W.; thence urday. northeast to latitude 34°13′57″ N., longitude 077°57′05″ W.; thence north to latitude 34°14′11″ N., longitude 077°57′07″ W.; thence northwest to latitude 34°14′22″ N., longitude 077°57′19″ W.; thence east to latitude 34°14′22″ N., longitude 077°57′06″ W.; thence southeast to latitude 34°14′07″ N., longitude 077°57′00″ W.; thence south to latitude 34°13′54″ N., longitude 077°56′58″ W.; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge. 3 July 1st Saturday and July 4th ...... Green Creek and Smith Creek, Oriental, All waters of Green Creek and Smith Creek that fall within a 300 yard radius of NC, Safety Zone. the fireworks launch site at latitude 35°01′29.6″ N., longitude 076°42′10.4″ W., located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4 July 4th ...... Pasquotank River, Elizabeth City, NC, All waters of the Pasquotank River within a 300 yard radius of the fireworks Safety Zone. launch barge in approximate position latitude 36°17′47″ N., longitude 076°12′17″ W., located approximately 400 yards north of Cottage Point, NC. 5 July 4th, or July 5th ...... Currituck Sound, Corolla, NC, Safety All waters of the Currituck Sound within a 300 yard radius of the fireworks Zone. launch site in approximate position latitude 36°22′23.8″ N., longitude 075°49′56.3″, located near Whale Head Bay. 6 July 4th November—3rd Saturday ...... Middle Sound, Figure Eight Island, NC, All waters of the Figure Eight Island Causeway Channel from latitude 34°16′32″ Safety Zone. N., longitude 077°45′32″ W., thence east along the marsh to latitude 34°16′19″ N., longitude 077°44′55″ W., thence south to the causeway at lati- tude 34°16′16″ N., longitude 077°44′58″ W., thence west along the shoreline to latitude 34°16′29″ N., longitude 077°45′34″ W., thence back to the point of origin. 7 June—2nd Saturday; July 4th ...... Pamlico River, Washington, NC, Safety All waters of Pamlico River and Tar River within a 300 yard radius of latitude Zone. 35°32′25″ N., longitude 077°03′42″ W., a position located on the southwest shore of the Pamlico River, Washington, NC. 8 July 4th ...... Neuse River, New Bern, NC, Safety All waters of the Neuse River within a 360 yard radius of the fireworks barge in Zone. approximate position latitude 35°06′07.1″ N., longitude 077°01′35.8″ W.; lo- cated 420 yards north of the New Bern, Twin Span, high-rise bridge. 9 July 4th. November—Saturday fol- Motts Channel, Banks Channel, All waters of Motts Channel within a 500 yard radius of the fireworks launch site lowing Thanksgiving Day. Wrightsville Beach, NC, Safety Zone. in approximate position latitude 34°12′29″ N., longitude 077°48′27″ W., ap- proximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 10 July 4th ...... Cape Fear River, Southport, NC, Safety All waters of the Cape Fear River within a 600 yard radius of the fireworks Zone. barge in approximate position latitude 33°54′40″ N., longitude 078°01′18″ W., approximately 700 yards south of the waterfront at Southport, NC. 11 July 4th ...... Big Foot Slough, Ocracoke, NC, Safety All waters of Big Foot Slough within a 300 yard radius of the fireworks launch Zone. site in approximate position latitude 35°06′54″ N., longitude 075°59′24″ W., approximately 100 yards west of the Silver Lake Entrance Channel at Ocracoke, NC. 12 August—1st Tuesday ...... New River, Jacksonville, NC, Safety All waters of the New River within a 300 yard radius of the fireworks launch site Zone. in approximate position latitude 34°44′45″ N., longitude 077°26′18″ W., ap- proximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina. 13 July 4th, October—2nd Saturday ...... Atlantic Intracoastal Waterway, All waters of the Atlantic Intracoastal Waterway within a 300 yard radius of ap- Swansboro, NC, Safety Zone. proximate position latitude 34°41′02″ N., longitude 077°07′04″ W., located on Pelican Island. 14 September—4th or last Saturday ...... Shallowbag Bay, Manteo, NC; Safety All waters of Shallowbag Bay within a 200 yard radius of a fireworks barge an- Zone. chored at latitude 35°54′31″ N., longitude 075°39′42″ W. 1 As noted in paragraph (d) of this section, the enforcement period for each of the listed safety zones is subject to change.

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§ 165.540 [Removed] fireworks events. Our regulation for Polynesians to Hawaii. Thousands of ■ 10. Remove § 165.540. Southern California annual fireworks people on various types of water craft, events for the San Diego Captain of the including surfboards, canoes, sailing Dated: May 31, 2017. Port Zone identifies the regulated area vessels and motor vessels as well as Meredith L. Austin, for the events. Under the provisions of swimmers, have come out to greet Rear Admiral, U.S. Coast Guard, Commander, 33 CFR 165.1123, a vessel may not enter HOKULEA when she has returned to Fifth Coast Guard District. the regulated area, unless it receives port in the past. This safety zone is [FR Doc. 2017–12112 Filed 6–12–17; 8:45 am] permission from the Captain of the Port, necessary to protect personnel, vessels, BILLING CODE 9110–04–P or his designated representative. and the marine environment from Spectator vessels may safely transit potential safety hazards associated with outside the regulated area but may not the anticipated large number of DEPARTMENT OF HOMELAND anchor, block, loiter, or impede the spectator craft expected to greet the SECURITY transit of participants or official patrol sailing canoe HOKULEA upon her Coast Guard vessels. The Coast Guard may be arrival. A moving 500 yard safety zone assisted by other Federal, State, or Local around the HOKULEA will be in place 33 CFR Part 165 law enforcement agencies in enforcing during her transit, starting when she this regulation. passes abeam of Makapu’u light house [Docket No. USCG–2017–0374] This document is issued under and continuing through Mamala Bay to authority of 33 CFR 165.1123 and 5 her mooring in the Ala Wai Harbor. Safety Zone; Southern California U.S.C. 552(a). In addition to this Upon mooring, the moving safety zone Annual Fireworks for the San Diego document in the Federal Register, the will cease but a stationary 500 yard Captain of the Port Zone Coast Guard will provide the maritime safety zone will be maintained around AGENCY: Coast Guard, DHS. community with advance notification of the HOKULEA until the conclusion of ACTION: Notice of enforcement of this enforcement period via the Local the HOKULEA arrival festivities. Entry regulation. Notice to Mariners, a Safety Marine of vessels or persons into the safety zone Information Broadcast on VHF–FM is prohibited unless specifically SUMMARY: The Coast Guard will enforce radio, and local advertising by the event authorized by the Captain of the Port a safety zone for the Sea World sponsor. (COTP) Honolulu or his designated Fireworks on the waters of Mission Bay, If the Captain of the Port or his representative. The Coast Guard will CA on specific evenings from Memorial designated representative determines establish a command post at the Day to Labor Day in 2017. This safety that the regulated area need not be entrance to the Ala Wai Harbor. This zone is necessary to provide for the enforced for the full duration stated on command post will maintain a list of all safety of the participants, spectators, this document, he or she may use a vessels with authorized moorings in the official vessels of the events, and Broadcast Notice to Mariners or other Ala Wai Harbor that will be allowed to general users of the waterway. Our communications coordinated with the transit the safety zone to depart from or regulation for the Southern California event sponsor to grant general return to these moorings. Vessels not on annual fireworks for the San Diego permission to enter the regulated area. this list may request to transit the safety Captain of the Port Zone identifies the Dated: May 24, 2017. zone by contacting the COTP Honolulu regulated area for the events. During the J.R. Buzzella, or his designated representative. enforcement period, no spectators shall anchor, block, loiter in, or impede the Captain, U.S. Coast Guard, Captain of the DATES: This rule is effective from 5:30 Port San Diego. transit of official patrol vessels in the a.m. (HST) on June 17, 2017 through 10 regulated area without the approval of [FR Doc. 2017–12217 Filed 6–12–17; 8:45 am] p.m. (HST) on June 17, 2017. BILLING CODE 9110–04–P the Captain of the Port, or his ADDRESSES: To view documents designated representative. mentioned in this preamble as being DATES: The regulations in 33 CFR DEPARTMENT OF HOMELAND available in the docket, go to http:// 165.1123, Table 1, Item 7, will be SECURITY www.regulations.gov, type USCG– enforced from 8:30 p.m. through 10:30 USCG–2017–0421 in the ‘‘SEARCH’’ p.m. on June 30 through July 5, and Coast Guard box and click ‘‘SEARCH.’’ Click on September 1 through September 4, 2017. Open Docket Folder on the line FOR FURTHER INFORMATION CONTACT: If 33 CFR Part 165 associated with this rule. you have questions on this publication, [Docket Number USCG–2017–0421] FOR FURTHER INFORMATION CONTACT: If call or email Lieutenant Robert Cole, you have questions on this rule, call or Waterways Management, U.S. Coast RIN 1625–AA00 email Lieutenant Commander Nicolas Guard Sector San Diego, CA; telephone Jarboe, Waterways Management 619–278–7656, email Safety Zone; Pacific Ocean, Mamala Bay, Oahu, Hawaii—Hokulea Arrival Division, U.S. Coast Guard Sector [email protected]. Honolulu at (808) 541–4359 or SUPPLEMENTARY INFORMATION: The Coast AGENCY: Coast Guard, DHS. [email protected], respectively. Guard will enforce the regulations in 33 ACTION: Temporary final rule. CFR 165.1123 for a safety zone for the SUPPLEMENTARY INFORMATION: Sea World Fireworks on the waters of SUMMARY: The Coast Guard is I. Table of Abbreviations Mission Bay, CA in 33 CFR 165.1123, establishing a temporary 500 yard safety Table 1, Item 7 of that section, from 8:30 zone around the sailing canoe CFR Code of Federal Regulations DHS Department of Homeland Security p.m. through 10:30 p.m. on specific HOKULEA for her return to Oahu from FR Federal Register evenings from Memorial Day to Labor a three year worldwide voyage. NPRM Notice of proposed rulemaking Day in 2017. This action is being taken HOKULEA is a culturally significant § Section to provide for the safety of life on double-hulled sailing canoe modeled TFR Temporary Final Rule navigable waterways during the after the vessels that brought the first U.S.C. United States Code

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II. Background Information and Wai Harbor. This safety zone will businesses, not-for-profit organizations Regulatory History extend from the surface of the water to that are independently owned and The Coast Guard is issuing this the ocean floor and is intended to operated and are not dominant in their temporary rule without prior notice and protect personnel, vessels, and the fields, and governmental jurisdictions with populations of less than 50,000. opportunity to comment pursuant to the marine environment within the navigable waters of the safety zone The Coast Guard certifies under 5 U.S.C. authority under section 4(a) of the during the transit and mooring of the 605(b) that this rule will not have a Administrative Procedures Act (APA) (5 sailing canoe HOKULEA. No vessel will significant economic impact on a U.S.C. 553(b)). This provision be permitted to enter the safety zone substantial number of small entities. authorizes an agency to issue a rule absent the express authorization of the Under section 213(a) of the Small without prior notice and opportunity to COTP or his designated representative. Business Regulatory Enforcement comment when the agency for good Before the effective period, the Coast Fairness Act of 1996 (Pub. L. 104–121), cause finds that those procedures are Guard will issue a broadcast notice to we want to assist small entities in ‘‘impracticable, unnecessary, or contrary mariners to further notify waterway understanding this rule. If the rule to the public interest.’’ Under 5 U.S.C. users of these waterway restrictions. If would affect your small business, 553(b)(B), the Coast Guard finds that the safety zone is terminated prior to 10 organization, or governmental good cause exists for not publishing a p.m. on June 17, 2017, the Coast Guard jurisdiction and you have questions notice of proposed rulemaking (NPRM) will also provide a broadcast notice to concerning its provisions or options for with respect to this rule because the mariners. compliance, please contact the person request for the moving safety zone was listed in the FOR FURTHER INFORMATION received by the Coast Guard on May 10, V. Regulatory Analyses CONTACT section. 2017. Immediate action is needed to We developed this rule after Small businesses may send comments prevent possible safety hazards considering numerous statutes and on the actions of Federal employees associated with the large amount of Executive orders related to rulemaking. who enforce, or otherwise determine vessel traffic expected to greet the Below we summarize our analyses compliance with, Federal regulations to sailing canoe HOKULEA in transit and based on a number of these statutes and the Small Business and Agriculture within the small confines of Ala Wai Executive orders, and we discuss First Regulatory Enforcement Ombudsman Harbor. It is impracticable to publish an Amendment rights of protestors. and the Regional Small Business NPRM because we must establish this Regulatory Fairness Boards. The A. Regulatory Planning and Review safety zone by June 17, 2017. Ombudsman evaluates these actions We are issuing this rule, and under 5 Executive Orders 12866 and 13563 annually and rates each agency’s U.S.C. 553(d)(3), the Coast Guard finds direct agencies to assess the costs and responsiveness to small business. If you that good cause exists for making it benefits of available regulatory wish to comment on actions by effective less than 30 days after alternatives and, if regulation is employees of the Coast Guard, call 1– publication in the Federal Register. necessary, to select regulatory 888–REG–FAIR (1–888–734–3247). The Delaying the effective date of this rule approaches that maximize net benefits. Coast Guard will not retaliate against would be contrary to public interest due Executive Order 13563 emphasizes the small entities that question or complain to safety hazards associated with the importance of quantifying both costs about this rule or any policy or action large number of spectator craft expected and benefits, of reducing costs, of of the Coast Guard. to greet the sailing canoe HOKULEA harmonizing rules, and of promoting when she arrives to Oahu on June 17, flexibility. This rule has not been C. Collection of Information 2017. designated a ‘‘significant regulatory This rule will not call for a new III. Legal Authority and Need for Rule action,’’ under Executive Order 12866. collection of information under the Accordingly, it has not been reviewed Paperwork Reduction Act of 1995 (44 The Coast Guard is issuing this rule by the Office of Management and U.S.C. 3501–3520). under the authority of 33 U.S.C. 1231. Budget. The Captain of the Port Honolulu has This regulatory action is based on the D. Federalism and Indian Tribal determined that potential hazards exists size, location, duration, and time-of-day Governments form the large number of spectator craft of the safety zone. Vessel traffic will be A rule has implications for federalism expected to greet the sailing canoe able to safely transit around this moving under Executive Order 13132, HOKULEA on June 17, 2017. This rule safety zone, which will only impact Federalism, if it has a substantial direct is needed to protect personnel, vessels, small designated areas of Mamala Bay effect on the States, on the relationship and the marine environment in the on the Island of Oahu, HI. Once the between the national government and navigable waters within the 500 yard HOKULEA is moored, authorized the States, or on the distribution of safety zone while HOKULEA is in vessels will be allowed to transit the Ala power and responsibilities among the transit and moored. Wai Harbor. Moreover, the Coast Guard various levels of government. We have analyzed this rule under that Order and IV. Discussion of Comments, Changes, will issue Broadcast Notice to Mariners have determined that it is consistent and the Rule via VHF–FM marine channel 16 about the safety zone. The rule allows vessels with the fundamental federalism This rule establishes a safety zone to seek permission to enter the safety principles and preemption requirements from 5:30 a.m. (HST) on June 17, 2017 zone. described in Executive Order 13132. through 10 p.m. (HST) on June 17, 2017. Also, this rule does not have tribal This safety zone is located within the B. Impact on Small Entities implications under Executive Order COTP zone (See 33 CFR 3.70–10) and The Regulatory Flexibility Act of 13175, Consultation and Coordination will encompass all waters 500 yards in 1980, 5 U.S.C. 601–612, as amended, with Indian Tribal Governments, all directions from the sailing canoe requires Federal agencies to consider because it does not have a substantial HOKULEA during her transit from the potential impact of regulations on direct effect on one or more Indian Makapu’u light house through Mamala small entities during rulemaking. The tribes, on the relationship between the Bay to and including her mooring in Ala term ‘‘small entities’’ comprises small Federal Government and Indian tribes,

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or on the distribution of power and For the reasons discussed in the necessary to maintain a safe course responsibilities between the Federal preamble, the Coast Guard amends 33 while in the moving safety zone. Government and Indian tribes. If you CFR part 165 as follows: (4) The U.S. Coast Guard may be believe this rule has implications for assisted in the patrol and enforcement federalism or Indian tribes, please PART 165—REGULATED NAVIGATION of the moving safety zone by Federal, contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS State, and local agencies. FURTHER INFORMATION CONTACT section. (d) Notice of enforcement. The COTP ■ 1. The authority citation for part 165 Honolulu will provide notice of E. Unfunded Mandates Reform Act continues to read as follows: enforcement of the moving safety zone The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; described in this section by verbal radio of 1995 (2 U.S.C. 1531–1538) requires CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; broadcasts and written notice to Federal agencies to assess the effects of Department of Homeland Security Delegation mariners. No. 0170.1. their discretionary regulatory actions. In (e) Definitions. As used in this particular, the Act addresses actions ■ 2. Add § 165.T14–0421 to read as section, ‘‘designated representative’’ that may result in the expenditure by a follows: means any Coast Guard commissioned, warrant, or petty officer who has been State, local, or tribal government, in the § 165.T14–0421 Safety Zone; Pacific aggregate, or by the private sector of authorized by the COTP to assist in Ocean, Mamala Bay, Oahu, Hawaii— enforcing the moving safety zone $100,000,000 (adjusted for inflation) or Hokulea Arrival. more in any one year. Though this rule described in paragraph (a) of this (a) Location. This safety zone is section. will not result in such an expenditure, located within the COTP zone (See 33 Dated: June 2, 2017. we do discuss the effects of this rule CFR 3.70–10) and will encompass all M.C. Long, elsewhere in this preamble. waters 500 yards in all directions from the sailing canoe HOKULEA during her Captain, U.S. Coast Guard, Captain of the F. Environment Port Honolulu. transit starting when she passes abeam We have analyzed this rule under of Makapu’u light house through [FR Doc. 2017–12163 Filed 6–12–17; 8:45 am] Department of Homeland Security Mamala Bay to and including her BILLING CODE 9110–04–P Management Directive 023–01 and mooring in Ala Wai Harbor. Upon Commandant Instruction M16475.lD, mooring, the moving safety zone will which guide the Coast Guard in DEPARTMENT OF HOMELAND cease but a stationary 500 yard safety SECURITY complying with the National zone will be maintained around the Environmental Policy Act of 1969 (42 HOKULEA through the zone’s effective Coast Guard U.S.C. 4321–4370f), and have period. This zone extends from the determined that this action is one of a surface of the water to the ocean floor. 33 CFR Part 165 category of actions that do not (b) Effective period. 5:30 a.m. (HST) individually or cumulatively have a on June 17, 2017 through 10 p.m. (HST) [Docket No. USCG–2017–0377] significant effect on the human on June 17, 2017. If the safety zone is Safety Zone; Annual Firework Events environment. This rule involves a safety terminated prior to 10 p.m. (HST) on zone lasting less than 1 day that will on the Colorado River, Between Davis June 17, 2017, the Coast Guard will Dam (Bullhead City, Arizona) and prohibit entry within 500 yards of the provide notice via broadcast notice to sailing canoe HOKULEA. It is Headgate Dam (Parker, Arizona) Within mariners. the San Diego Captain of the Port Zone categorically excluded from further (c) Regulations. The general review under paragraph 34(g) of Figure regulations governing safety zones AGENCY: Coast Guard, DHS. 2–1 of the Commandant Instruction. A contained in § 165.20 apply to the safety ACTION: Notice of enforcement of preliminary Record of Environmental zone created by this temporary final regulation. Consideration (REC) supporting this rule. determination is available in the docket (1) All persons and vessels are SUMMARY: The Coast Guard will enforce where indicated under ADDRESSES. We required to comply with the general the safety zone for the Avi Resort and seek any comments or information that regulations governing safety zones Casino Independence Day Fireworks on may lead to the discovery of a found in this part. the Colorado River in Laughlin, Nevada significant environmental impact from (2) Entry into or remaining in this on Tuesday, July 4, 2017. This safety this rule. zone is prohibited unless expressly zone is necessary to provide for the safety of the participants, spectators, G. Protest Activities authorized by the COTP or his designated representative. official vessels of the event, and general The Coast Guard respects the First (3) Persons or vessels desiring to users of the waterway. Our regulation Amendment rights of protesters. transit the moving safety zone identified for annual firework events on the Protesters are asked to contact the in paragraph (a) of this section may Colorado River within the San Diego person listed in the FOR FURTHER contact the COTP of Honolulu through Captain of the Port Zone identifies the INFORMATION CONTACT section to his designated representatives at the regulated area for this event. During the coordinate protest activities so that your Command Center via telephone: (808) enforcement period, no spectators shall message can be received without 842–2600 and (808) 842–2601; fax: (808) anchor, block, loiter in, or impede the jeopardizing the safety or security of 842–2642; or on VHF channel 16 (156.8 transit of official patrol vessels in the people, places or vessels. Mhz) to request permission to enter or regulated area without the approval of transit the moving safety zone. If the Captain of the Port, or his List of Subjects in 33 CFR Part 165 permission is granted, all persons and designated representative. Harbors, Marine safety, Navigation vessels must comply with the DATES: The regulations in 33 CFR (water), Reporting and recordkeeping instructions of the COTP Honolulu or 165.1124 will be enforced from 8 p.m. requirements, Security measures, his designated representative and through 10 p.m. on July 4, 2017, for Item Waterways. proceed at the minimum speed 3 in Table 1 to § 165.1124.

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FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND of 33 CFR 165.1124, a vessel may not you have questions on this publication, SECURITY enter the regulated area, unless it call or email Lieutenant Robert Cole, receives permission from the Captain of Waterways Management, U.S. Coast Coast Guard the Port, or his designated Guard Sector San Diego, CA; telephone representative. Spectator vessels may 619–278–7656, email 33 CFR Part 165 safely transit outside the regulated area [email protected]. [Docket No. USCG–2017–0396] but may not anchor, block, loiter, or impede the transit of participants or SUPPLEMENTARY INFORMATION: The Coast Safety Zone; Annual Firework Events official patrol vessels. The Coast Guard Guard will enforce the regulations in 33 on the Colorado River, Between Davis may be assisted by other Federal, State, CFR 165.1124 for a safety zone on the Dam (Bullhead City, Arizona) and or Local law enforcement agencies in Colorado River in Laughlin, Nevada for Headgate Dam (Parker, Arizona) Within enforcing this regulation. the Avi Resort and Casino the San Diego Captain of the Port Zone This document is issued under Independence Day Fireworks in 33 CFR authority of 33 CFR 165.1124 and 5 AGENCY: Coast Guard, DHS. 165.1124, Table 1, Item 3 of that section, U.S.C. 552(a). In addition to this ACTION document in the Federal Register, the from 8 p.m. through 10 p.m. on July 4, : Notice of enforcement of Coast Guard will provide the maritime 2017. This enforcement action is being regulation. community with advance notification of taken to provide for the safety of life on SUMMARY: The Coast Guard will enforce this enforcement period via the Local navigable waterways during the the safety zone for the Laughlin/ Notice to Mariners and local advertising fireworks event. Our regulation for Bullhead City Rockets Over the River by the event sponsor. annual fireworks events on the Colorado Fireworks on the Colorado River in If the Captain of the Port or his River within the San Diego Captain of Laughlin, Nevada and Bullhead City, designated representative determines the Port Zone identifies the regulated Arizona on Saturday, July 1, 2017 and that the regulated area need not be area for the this event. Under the Tuesday, July 4, 2017. This safety zone enforced for the full duration stated on provisions of 33 CFR 165.1124, a vessel is necessary to provide for the safety of this document, he or she may use a may not enter the regulated area, unless the participants, spectators, official Broadcast Notice to Mariners or other it receives permission from the Captain vessels of the event, and general users communications coordinated with the of the Port, or his designated of the waterway. Our regulation for event sponsor to grant general representative. Spectator vessels may annual fireworks events on the Colorado permission to enter the regulated area. safely transit outside the regulated area River within the San Diego Captain of Dated: May 24, 2017. but may not anchor, block, loiter, or the Port Zone identifies the regulated J.R. Buzzella, area for this event. During the impede the transit of participants or Captain, U. S. Coast Guard, Captain of the official patrol vessels. The Coast Guard enforcement period, no spectators shall Port San Diego. anchor, block, loiter in, or impede the may be assisted by other Federal, State, [FR Doc. 2017–12218 Filed 6–12–17; 8:45 am] transit of official patrol vessels in the or Local law enforcement agencies in BILLING CODE 9110–04–P regulated area without the approval of enforcing this regulation. the Captain of the Port, or his This document is issued under designated representative. DEPARTMENT OF HOMELAND authority of 33 CFR 165.1124 and 5 DATES: The regulations in 33 CFR SECURITY U.S.C. 552(a). In addition to this 165.1124 will be enforced from 8 p.m. document in the Federal Register, the through 10 p.m. on July 1 and July 4, Coast Guard Coast Guard will provide the maritime 2017, for Item 2 in Table 1 to community with advance notification of § 165.1124. 33 CFR Part 165 this enforcement period via the Local FOR FURTHER INFORMATION CONTACT: If [Docket No. USCG–2017–0418] Notice to Mariners and local advertising you have questions on this publication, by the event sponsor. call or email Lieutenant Robert Cole, Multiple Safety Zones; Fireworks If the Captain of the Port or his Waterways Management, U.S. Coast Displays in Captain of the Port New designated representative determines Guard Sector San Diego, CA; telephone York Zone that the regulated area need not be 619–278–7656, email AGENCY: Coast Guard, DHS. [email protected]. enforced for the full duration stated on ACTION: Notice of enforcement of this document, he or she may use a SUPPLEMENTARY INFORMATION: The Coast regulation. Broadcast Notice to Mariners or other Guard will enforce the regulations in 33 communications coordinated with the CFR 165.1124 for a safety zone on the SUMMARY: The Coast Guard will enforce event sponsor to grant general Colorado River in Laughlin, Nevada and various safety zones within the Captain permission to enter the regulated area. Bullhead City, Arizona for the Laughlin/ of the Port New York Zone on the Bullhead City Rockets Over the River specified dates and times. This action is Dated: May 24, 2017. Fireworks in 33 CFR 165.1124, Table 1, necessary to ensure the safety of vessels, J.R. Buzzella, Item 2 of that section from 8 p.m. spectators and participants from hazards Captain, U.S. Coast Guard, Captain of the through 10 p.m. on July 1 and July 4, associated with fireworks displays and Port San Diego. 2017. This enforcement action is being swim events. During the enforcement [FR Doc. 2017–12219 Filed 6–12–17; 8:45 am] taken to provide for the safety of life on period, no person or vessel may enter BILLING CODE 9110–04–P navigable waterways during the the safety zones without permission of fireworks event. Our regulation for the Captain of the Port (COTP). annual fireworks events on the Colorado DATES: The regulation for the safety River within the San Diego Captain of zones described in 33 CFR 165.160 will the Port Zone identifies the regulated be enforced on the dates and times area for this event. Under the provisions listed in the table below.

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FOR FURTHER INFORMATION CONTACT: If telephone 718–354–4197, email listed in 33 CFR 165.160 on the you have questions on this document, [email protected]. specified dates and times as indicated in call or email Petty Officer First Class the Table below. This regulation was SUPPLEMENTARY INFORMATION: The Coast Ronald Sampert U.S. Coast Guard; published in the Federal Register on Guard will enforce the safety zones November 9, 2011 (76 FR 69614).

TABLE 1

1. Orchard Beach, The Bronx Safety Zone, 33 CFR 165.160(3.11) ...... • Launch site: All waters of Long Island Sound in an area bound by the following points: 40°51′43.5″ N. 073°47′36.3″ W.; thence to 40°52′12.2″ N. 073°47′13.6″ W.; thence to 40°52′02.5″ N. 073°46′47.8″ W.; thence to 40°51′32.3″ N. 073°47′09.9″ W. (NAD 1983), thence to the point of origin. • Date: June 29, 2017. • Time: 9:00 p.m.–10:00 p.m. 2. Fort Hamilton Safety Zone, 33 CFR 165.160(2.14) ...... • Launch site: A barge located in approximate position 40°36′00″ N. 074°01′42.5″ W. (NAD 1983) approximately 1400 yards southeast of the Verrazano-Narrows Bridge. This Safety Zone is a 240-yard ra- dius from the barge. • Date: July 1, 2017. • Time: 9:30 p.m.–10:15 p.m. 3. Glen cove, Hempstead Harbor Safety Zone, 33 CFR 165.160(3.8) ... • Launch site: A barge located in approximate position 40°51′58″ N. 073°39′34″ W. (NAD 1983) approximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065). This Safety Zone is a 360-yard radius from the barge. • Date: July 4, 2017. • Time: 9:00 p.m.–10:00 p.m. 4. Ellis Island Safety Zone, 33 CFR 165.160(2.2) ...... • Launch site: A barge located between Federal Anchorages 20–A and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. • Date: July 6, 2017. • Time: 9:00 p.m.–10:00 p.m. 5. Ellis Island Safety Zone, 33 CFR 165.160(2.2) ...... • Launch site: A barge located between Federal Anchorages 20–A and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. • Date: September 9, 2017. • Time: 8:00 p.m.–8:30 p.m. 6. Ellis Island Safety Zone, 33 CFR 165.160(2.2) ...... • Launch site: A barge located between Federal Anchorages 20–A and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. • Date: October 25, 2017. • Time: 9:00 p.m.–9:10 p.m.

Under the provisions of 33 CFR Dated: May 24, 2017. SUMMARY: The Coast Guard will enforce 165.160, vessels may not enter the safety M.H. Day, safety zones for the Town of Chesapeake zones unless given permission from the Captain, U.S. Coast Guard, Captain of the Beach fireworks display taking place COTP or a designated representative. Port New York. over the Chesapeake Bay, Chesapeake Spectator vessels may transit outside the [FR Doc. 2017–12113 Filed 6–12–17; 8:45 am] Beach, MD, on July 2, 2017 and the safety zones but may not anchor, block, BILLING CODE 9110–04–P Havre de Grace 4th of July Celebration loiter in, or impede the transit of other fireworks display taking place over the vessels. The Coast Guard may be Susquehanna River, Havre de Grace, assisted by other Federal, State, or local DEPARTMENT OF HOMELAND MD, on July 2, 2017. During the law enforcement agencies in enforcing SECURITY enforcement periods, vessels may not this regulation. enter, remain in, or transit through the This document is issued under Coast Guard safety zones unless authorized by the authority of 33 CFR 165.160(a) and 5 Captain of the Port or designated Coast U.S.C. 552(a). In addition to this 33 CFR Part 165 Guard patrol personnel on scene. This notification in the Federal Register, the action is necessary to ensure safety of Coast Guard will provide mariners with [Docket No. USCG–2017–0491] life on navigable waters during these advanced notification of enforcement events. periods via the Local Notice to Mariners Safety Zones; Recurring Fireworks and marine information broadcasts. If Displays Within the Fifth Coast Guard DATES: The regulations in 33 CFR the COTP determines that a safety zone District 165.506, listed as event (b.) 10, need not be enforced for the full Chesapeake Bay, Chesapeake Beach, duration stated in this notice, a AGENCY: Coast Guard, DHS. MD; Safety Zone, in the table to 33 CFR Broadcast Notice to Mariners may be 165.506 will be enforced from 8:30 p.m. ACTION: Notice of enforcement of used to grant general permission to to 10:30 p.m. on July 2, 2017; and in the regulation. enter the safety zone. case of inclement weather enforcement

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will be from 8:30 p.m. to 10:30 p.m. on Dated: June 8, 2017. Performing Rights Organizations July 3, 2017. The regulations in 33 CFR Lonnie P. Harrison, Jr., (PROs); 5 and Screenrights International 165.506, listed as event (b.) 28, Captain, U.S. Coast Guard, Captain of the (Screenrights).6 Susquehanna River, Havre de Grace, Port Maryland-National Capital Region. II. Comments on Proposed Rules and MD; Safety Zone, in the table to 33 CFR [FR Doc. 2017–12164 Filed 6–12–17; 8:45 am] Judges’ Findings 165.506 will be enforced from 8:30 p.m. BILLING CODE 9110–04–P The Judges address the comments on to 10:30 p.m. on July 2, 2017; and in the a section-by-section basis. The Judges case of inclement weather enforcement will adopt without change those LIBRARY OF CONGRESS will be from 8:30 p.m. to 10:30 p.m. on sections upon which no interested party July 3, 2017. 7 Copyright Royalty Board commented. FOR FURTHER INFORMATION CONTACT: If Section 360.4—Form and Content of you have questions about this notice of 37 CFR Parts 350 and 360 Claims enforcement, call or email Mr. Ron [Docket No. 17–CRB–0012–RM] Each of the comments the Judges Houck, U.S. Coast Guard Sector received addressed this section. All of Maryland-National Capital Region Procedural Regulations for the the commenters opposed proposed (WWM Division); telephone 410–576– Copyright Royalty Board Regarding language that would have required 2674, email [email protected]. Electronic Filing of Claims parties filing joint claims to identify a qualifying secondary transmission of a SUPPLEMENTARY INFORMATION: The safety AGENCY: Copyright Royalty Board, zone for the Town of Chesapeake Beach Library of Congress. work for each copyright owner listed in a joint claim. See, e.g., Comments of the fireworks display will include all waters ACTION: Final rule. within 200 yard radius of the fireworks Allocation Phase Parties at 1–4; JSC barge in approximate position latitude SUMMARY: The Copyright Royalty Judges Comments at 1; Program Suppliers 38°41′36″ N., longitude 076°31′30″ W., are amending regulations governing Comments at 3–4; PROs Comments at 4–6; Screenrights Comments at 1. Two and within a 200 yard radius of the claims to royalty fees deposited with the commenters sought clarification that fireworks barge in approximate position Copyright Office under compulsory ° ′ ″ licenses to reflect implementation of a § 360.4(b)(2)(ii) does not require the filer latitude 38 41 28 N., longitude of a joint claim to include a separate 076°31′29″ W. The safety zone for the new electronic filing system and to consolidate cable and satellite rules. statement from each copyright owner Havre de Grace 4th of July Celebration confirming the filer’s authorization to fireworks display will include all waters DATES: Effective June 13, 2017. act on the copyright owner’s behalf. See within a 150 yard radius of the FOR FURTHER INFORMATION CONTACT: Comments of the Allocation Phase fireworks barge in approximate position Kimberly Whittle, Attorney Advisor, by Parties at 6–7; Program Suppliers latitude 39°32′19″ N., longitude telephone at (202) 707–7658 or email at Comments at 2–3. In addition, the 076°04′58.3″ W. [email protected]. Program Suppliers proposed that the This action is being taken to provide SUPPLEMENTARY INFORMATION: special relief granted to performing rights organizations in § 360.4(b)(2)(i) for the safety of life on navigable I. Introduction waterways during these events. As and (ii) be extended to ‘‘collective On March 17, 2017, the Copyright specified in § 165.506 (d), during the management organizations’’ such as Royalty Judges (Judges) published a enforcement period, vessels may not AGICOA, EGEDA, and Screenrights. See notice in the Federal Register seeking 8 enter, remain in, or transit through the Program Suppliers Comments at 4–7. comments on proposed amendments to The Allocation Phase Parties safety zone unless authorized by the regulations relating to an automated described the burden on claimants and Coast Guard Captain of the Port (COTP) system, designated eCRB.1 The filers of requiring identification of a or designated Coast Guard patrol proposed regulations addressed qualifying transmission for a work of personnel on scene. All persons and electronic filing of claims to royalty fees each copyright owner listed in a joint vessels shall comply with the deposited with the Copyright Office for claim, both in terms of labor and instructions of the COTP, Coast Guard compulsory licenses. The Judges monetary expense. ‘‘For example, the Patrol Commander or the designated on- received comments from the following scene-patrol personnel. Other Federal, interested parties: The Allocation Phase member companies and ‘‘other producers and/or State and local agencies may assist these Parties; 2 the Joint Sports Claimants distributors of syndicated series, movies, specials, personnel in the enforcement of the 3 and non-team sports broadcast by television (JSC); the MPAA-Represented Program stations.’’ Program Suppliers Comments at 1. 4 safety zone. If the COTP or his Suppliers (Program Suppliers); the 5 The PROs consist of the American Society of designated on-scene patrol personnel Composers, Authors and Publishers, Broadcast determine the regulated area need not 1 See 82 FR 14167. Music, Inc., and SESAC, Inc. be enforced for the full duration stated 2 ‘‘The Allocation Phase Parties are Program 6 ‘‘Screenrights International is a division of the Suppliers, Joint Sports Claimants, Commercial Audio-Visual Copyright Society Pty Ltd trading as in this notice, a Broadcast Notice to Television Claimants, Public Broadcasting Service, Screenrights the Australian based collecting Mariners may be used to grant general American Society of Composers, Authors and society.’’ Screenrights Comments at 1. permission to enter the regulated area. Publishers, Broadcast Music, Inc., SESAC, Inc., 7 The Judges received no comments, apart from Settling Devotional Claimants, Canadian Claimants technical corrections, on the following sections in This notice of enforcement is issued Group, and National Public Radio.’’ Comments of the NPRM: §§ 350.5(c)(3), 360.1, 360.2, 360.3, 360.5, under authority of 33 CFR 165.506(d) the Allocation Phase Parties at 1 n1. 360.20, 360.21, 360.23, 360.24, 360.31, and 360.32. and 5 U.S.C. 552(a). In addition to this 3 The JSC is comprised of Office of the The Judges have incorporated in the final rule all Commissioner of Baseball, National Football technical corrections to these provisions identified notice of enforcement in the Federal League, National Basketball Association, Women’s in the comments. Register, the Coast Guard will provide National Basketball Association, National Hockey 8 Several commenters also suggested notification of this enforcement period League, and the National Collegiate Athletic nonsubstantive, technical corrections to this Association. JSC Comments at 1 n.1. section. The Judges find all of those suggestions to via the Local Notice to Mariners and 4 The Program Suppliers are comprised of The have merit and have included them in the final marine information broadcasts. Motion Picture Association of America, Inc., its rule.

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last time one of the Allocation Phase claimants, potentially deterring them In addition, the Judges find the PROs’ Parties . . . undertook such a task, it from filing meritorious claims. proposal to permit parties filing joint expended approximately 300 hours Consequently, the Judges will omit the claims by mail or hand delivery to annually to identify secondary proposed the language concerning provide claimant lists on a CD or other transmissions .... [F]or many authorization from the final rule. The electronic format to be reasonable and copyright owners’ claims it would Judges will rely instead on the filer’s likely to improve administrative require merging commercially available declaration and certification regarding efficiency. The Judges will therefore and expensive broadcast programming the filer’s authority and the veracity of include this proposal in both the final databases with cable carriage data the claim. rule for cable and satellite claims . . . .’’ Comments of the Allocation The Program Suppliers have proposed (§ 360.4) and the final rule for DART Phase Parties at 3. The Allocation Phase that the Judges extend to collective claims (§ 360.22). management organizations (CMOs) the Parties also noted that the Copyright Section 360.30—Amendment of Claims Office had considered and ultimately existing language that exempts rejected the same requirement in 1994. performing rights organizations from the The Allocation Phase Parties and the Id. at 2–3. In the face of unanimous requirement to identify each of the Program Suppliers urged the Judges to opposition from interested parties, the copyright owners covered by a joint permit amendment of claims after the Copyright Office concluded that claim. The Program Suppliers argued claims-filing deadline without requiring ‘‘requiring identification of a secondary that ‘‘CMOs are distinct from other non- the claimant to file a motion with the transmission for each joint claimant PRO claimants in that they are Judges. See Comments of the Allocation would add in some cases a substantial government-authorized, non-profit Phase Parties at 4–6; Program Suppliers burden and cost to joint claimants entities typically regulated by their Comments at 7–8. As proposed, § 360.30 without yielding an appreciable return native national legislation, and are would permit claimants to amend in administrative efficiency.’’ Id. at 3 specifically created to administer claims prior to the claims filing (quoting Final Regulations, Copyright audiovisual rights and/or collect deadline by filing a Notice of Arbitration Royalty Panels, 59 FR royalties on behalf of thousands of Amendment. In the proposed rule, after 63025–63028 (Dec. 7, 1994)). rights owners based in their respective the statutory claims filing period Identifying only a single secondary countries or regions .... Within the claimants would be required to file a transmission on a joint claim has very context of retransmission royalties, motion with the Judges demonstrating little utility for the Judges. The Judges CMOs therefore are similarly situated as good cause and lack of prejudice to proposed requiring identification of PROs.’’ Program Suppliers Comments at other claimants. The Allocation Phase Parties noted secondary transmissions for each joint 5–6. that ‘‘[t]he only elements of a claim claimant at the claims-filing stage in This is a new proposal that has not subject to being amended are those order to improve the efficiency of been reviewed or commented upon by relating to the ‘general statement of the distribution proceedings by screening any interested parties (other than the nature of the works’ being claimed and out invalid claims at the earliest Program Suppliers). The administrative to the example of a secondary possible point in the claims distribution record is limited to a brief discussion in transmission of one of the copyright process. The Judges must weigh the the Program Suppliers Comments. The owner’s works establishing the basis of potential improvement of administrative Judges are not prepared to extend the the claim.’’ Comments of the Allocation efficiency against the cost of compliance existing exemption to a potentially broad group of entities on this basis. Phase Parties at 5 (citations and footnote on some claimants, and the potential for omitted).10 They argued that deterring the filing of meritorious The final rule will not include the Program Suppliers’ proposal. ‘‘amendments of those portions of a claims. On balance, the Judges find that claim should be allowed as of right at the burden outweighs the benefit and Section 360.22—Form and Content of any time.’’ Id. The Program Suppliers will not include the proposed Claims pointed out that, as drafted, the requirement in the final rule. Moreover, The PROs urged the Judges to revise regulation would require a claimant to given the extremely limited value of this provision to permit filers of joint file a motion to fix typographical and identifying a single secondary claims to submit a list of joint claimants other nonsubstantive errors after the transmission on a joint claim, the Judges in electronic form. PROs Comments at 7. claims deadline. Program Suppliers will eliminate that existing requirement The PROs ‘‘anticipate[d]’’—correctly— 9 Comments at 7. In addition, they noted as well. that eCRB will accommodate lists of that ‘‘the Judges typically do not Similar considerations apply to claimants in electronic format, and seek establish docket numbers or official § 360.4(b)(2)(ii). The language the Judges express acknowledgement in the service lists for cable or satellite royalty proposed was intended to elicit regulation. In addition, the PROs sought distribution proceedings until months information from joint claimants language that would permit parties (or even years) after royalty claims are regarding their authorization to file filing joint claims by mail or hand filed’’ making it difficult for claimants claims on behalf of each of the copyright delivery to provide claimant lists on a to file motions with the Judges. Id. at 7– owners listed in the claim. Again, the CD or other electronic format. 8. Judges were seeking to improve the Claims filed through eCRB are The Allocation Phase Parties’ efficiency of distribution proceedings by entirely electronic. eCRB will permit a assertion is mistaken: There are other screening out invalid claims at the person filing a joint claim to list up to elements of a claim that may be earliest possible point in the ten claimants in the webform. For joint amended. For example, while the distribution process. The Judges claims with more than ten claimants, proposed regulation would prohibit recognize that the proposal would the filer will be permitted to attach a impose additional cost on some separate electronic file that lists the 10 The Allocation Phase Parties also note, claimants. Proposed § 360.4(b)(2)(i) correctly, that under the proposal claimants are 9 In order to maintain consistency for single and required to update contact information for the filer joint claimants, the Judges will eliminate the already reflects this eCRB innovation. and copyright owner(s) and are prohibited from requirement to identify a secondary transmission The Judges will modify proposed adding additional claimants after the claims filing from both single and joint claims. § 360.22 to reflect this as well. deadline.

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filers from adding additional claimants of Title 37 of the Code of Federal § 360.2 Definitions. to a joint claim, it would allow a filer Regulations as follows: For purposes of this subpart, the to strike claimants that have been following definitions will apply: included in error. Filers might also need PART 350—GENERAL Cable compulsory license royalty fees to amend a claim to correct an ADMINISTRATIVE PROVISIONS means royalty fees deposited with the erroneous corporate name or to reflect a Copyright Office pursuant to 17 U.S.C. corporate acquisition or name change. ■ 1. The authority citation for part 350 111. In addition, the Allocation Phase Parties continues to read as follows: Performing rights society has the failed to note those elements of a claim Authority: 17 U.S.C. 803. meaning set forth in 17 U.S.C. 101. to DART royalties, such as the list and Satellite compulsory license royalty ■ 2. Amend § 350.5 by adding paragraph category of interested copyright parties fees means royalty fees deposited with (c)(3) to read as follows: and identification of the subfund in the Copyright Office pursuant to 17 which they claim, that are not addressed § 350.5 Electronic filing system (eCRB). U.S.C. 119. by the final sentence of § 360.30. * * * * * § 360.3 Time of filing. Nevertheless, the Allocation Phase (c) * * * (a) During the month of July each Parties are correct in pointing out that (3) Claimants. Any person desiring to year, any party claiming to be entitled the regulations should allow certain file a claim with the Copyright Royalty to cable compulsory license royalty fees amendments as of right after the claims Board for copyright royalties may obtain or satellite compulsory license royalty filing deadline. In addition, the Program an eCRB password for the limited fees for secondary transmissions during suppliers are correct in pointing out purpose of filing claims by completing the preceding calendar year must file a practical difficulties in filing a motion the application form available on the claim or claims with the Copyright to amend a claim prior to the initiation CRB Web site. Royalty Board. No party will receive of a distribution proceeding.11 * * * * * royalty fees for secondary transmissions The final regulation will permit during the specified period unless the amendment to filed claims prior to the ■ 3. Revise part 360 to read as follows: party has filed a timely claim to the fees. claims filing deadline as of right. It will Claimants may file claims jointly or as also permit amendment to filed claims PART 360—FILING OF CLAIMS TO a single claim. Claimants must file after the claims filing deadline as of ROYALTY FEES COLLECTED UNDER separate claims for cable compulsory right, provided that the amendment is COMPULSORY LICENSE license royalty fees and satellite limited to correcting the general Subpart A—Cable and Satellite Claims compulsory license royalty fees. The description of the nature of the work, Copyright Royalty Board will reject any Sec. fixing typographical or other claim that purports to be for both cable nonsubstantive errors in other portions 360.1 General. 360.2 Definitions. and satellite royalty fees. of the claim, or striking a claimant that (b) Claims filed with the Copyright was erroneously included in a joint 360.3 Time of filing. 360.4 Form and content of claims. Royalty Board will be considered timely claim. The Judges will address the 360.5 Copies of claims. filed only if they are filed online procedure for making any other through eCRB or by mail or hand amendments to filed claims in a Subpart B—Digital Audio Recording Devices and Media (DART) Royalty Claims delivery in accordance with § 301.2 separate rulemaking at a later date and during the month of July, as determined after further study. 360.20 General. in accordance with § 350.7. Having considered all comments from 360.21 Time of filing. (c) Notwithstanding paragraphs (a) 360.22 Form and content of claims. interested parties, the Judges adopt as and (b) of this section, in any year in final rules the changes and additions to 360.23 Copies of claims. 360.24 Content of notices regarding which July 31 falls on a Saturday, 37 CFR parts 350 and 360 detailed in independent administrators. Sunday, holiday, or other nonbusiness this Final Rule. day within the District of Columbia or Subpart C—Rules of General Application Final Regulations the Federal Government, the due date 360.30 Amendment of claims. for claims to cable or satellite List of Subjects 360.31 Withdrawal of claims. compulsory license royalty fees will be 360.32 Reinstatement of previously 37 CFR Part 350 the first business day in August. withdrawn claims. (d) In the event the Copyright Royalty Administrative practice and Authority: 17 U.S.C. 801, 803, 805. Board does not receive a claim that was procedure, Claims, Copyright, Subpart A also issued under 17 U.S.C. properly addressed and mailed, the filer Electronic filing. 111(d)(4) and 119(b)(4). may prove proper filing of the claim if Subpart B also issued under 17 U.S.C. it was sent by certified mail return 37 CFR Part 360 1007(a)(1). receipt requested, and the filer produces Administrative practice and Subpart C also issued under 17 U.S.C. 111(d)(4), 119(b)(4) and 1007(a)(1). a receipt bearing a July date stamp of the procedure, Cable royalties, Claims, United States Postal Service. The Copyright, Electronic filing, Satellite Subpart A—Cable and Satellite Claims Copyright Royalty Board will accept no royalties. other offer of proof in lieu of the return For the reasons set forth in the § 360.1 General. receipt. preamble, we amend parts 350 and 360 This subpart prescribes procedures (e) For claims filed electronically under 17 U.S.C. 111(d)(4)(A) and 17 through eCRB, the Copyright Royalty 11 The eCRB system will establish a docket U.S.C. 119(b)(4) whereby parties Board will accept the confirmation number for distribution proceedings concurrently claiming entitlement to cable email generated by eCRB as proof of with the filing of the first claim in each category. compulsory license royalty fees or filing. The Copyright Royalty Board will Assignment of the docket number alone, however, will not trigger filing Petitions to Participate, which satellite compulsory license royalty fees accept no other offer of proof regarding are the source documents for lists of participants must file claims with the Copyright claims filed electronically through requiring notice of proceeding activities. Royalty Board. eCRB.

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§ 360.4 Form and content of claims. carrier must include the following § 360.5 Copies of claims. (a) Forms. (1) Each filer must use the information: Following the instructions outlined in form prescribed by the Copyright (i) With the exception of joint claims 37 CFR 301.2, a claimant must file an Royalty Board to claim cable filed by a performing rights society on original and one copy of the claim to compulsory license royalty fees or behalf of its members, a list including cable or satellite compulsory license satellite compulsory license royalty fees the full legal name, address, and email royalty fees at the address(es) listed for and must provide all information address of each copyright owner whose each claim submitted to the Copyright required by that form and its claim(s) are included in the joint claim. Royalty Board by hand delivery or by accompanying instructions. Claims filed online through eCRB must U.S. mail. (2) Copies of claim forms are include an Excel spreadsheet containing available: the information if the number of joint Subpart B—Digital Audio Recording (i) On the Copyright Royalty Board claimants is in excess of ten. For claims Devices and Media (DART) Royalty Web site at http://www.crb.gov/claims/ filed by mail or hand delivery, the list Claims during the month of July for claims filed containing the name of each claimant to with the Copyright Royalty Board by the joint claim may be provided in a § 360.20 General. mail or by hand delivery; single Excel spreadsheet on CD, DVD, or This subpart prescribes procedures (ii) On the Copyright Royalty Board other electronic storage medium. whereby an interested copyright party, Web site at http://www.crb.gov/cable/ (ii) A general statement of the nature as defined in 17 U.S.C. 1001(7), (for cable claims) or http://www.crb.gov/ of the copyright owners’ works that claiming to be entitled to royalty satellite/ (for satellite claims) during the have been secondarily transmitted by a payments made for the importation and month of July for claims filed online cable system or satellite carrier distribution in the United States, or the through eCRB; and establishing a basis for the joint claim. manufacture and distribution in the (iii) Upon request to the Copyright (iii) The name, telephone number, full United States, of digital audio recording Royalty Board by mail at the address set mailing address, and email address of devices and media (DART) pursuant to forth in § 301.2(a), by email at the the person or entity filing the joint 17 U.S.C. 1006, shall file claims with address set forth in § 301.2(d), or by claim. The information contained in a the Copyright Royalty Board. telephone at (202) 707–7658. filer’s eCRB profile shall fulfill this (b) Content—(1) Single claim. A claim requirement for claims submitted § 360.21 Time of filing. filed on behalf of a single copyright through eCRB. (a) General. During January and owner of a work or works secondarily (iv) The name, telephone number, and February of each year, every interested transmitted by a cable system or satellite email address of a person whom the copyright party claiming to be entitled carrier must include the following Copyright Royalty Board can contact to DART royalty payments made for information: regarding the claim. quarterly periods ending during the (v) Original signatures of the (i) The full legal name, address, and previous calendar year must file a claim copyright owners identified on the joint email address of the copyright owner with the Copyright Royalty Board. claim or of a duly authorized entitled to claim the royalty fees. Claimants may file claims jointly or as representative or representatives of the (ii) A statement of the nature of the a single claim. copyright owner’s work(s) that has copyright owners, except for claims filed online through eCRB. (b) Consequences of an untimely (have) been secondarily transmitted by filing. No royalty payments for the a cable system or satellite carrier (vi) A declaration of authority to file the claim and a certification of the previous calendar year will be establishing a basis for the claim. distributed to any interested copyright (iii) The name, telephone number, full veracity of the information contained in party who has not filed a claim to those mailing address, and email address of the claim and the good faith of the royalty payments during January or the person or entity filing the single person signing in providing the February of the following calendar year. claim. The information contained in a information. Penalties for fraud and filer’s eCRB profile shall fulfill this false statements are provided under 18 (c) Authorization. Any organization or requirement for claims submitted U.S.C. 1001 et seq. association acting as a common agent through eCRB. (c) Changes. In the event the legal for collection and distribution of DART (iv) The name, telephone number, and name and/or address of the copyright royalty fees must obtain from its email address of the person whom the owner entitled to royalties or the person members or affiliates separate, specific, Copyright Royalty Board can contact or entity filing the claim changes after and written authorization, signed by regarding the claim. the filing of the claim, the filer or the members, affiliates, or their (v) An original signature of the copyright owner shall notify the representatives, apart from their copyright owner or of a duly authorized Copyright Royalty Board of the change. standard affiliation agreements, for representative of the copyright owner, Any other proposed changes or purposes of royalties claim filing and except for claims filed online through amendments must be submitted in fee distribution relating to the DART eCRB. accordance with 37 CFR 360.30. If the Musical Works Fund or Sound (vi) A declaration of authority to file good faith efforts of the Copyright Recordings Fund. The written the claim and a certification of the Royalty Board to contact the copyright authorization, however, will not be veracity of the information contained in owner or filer are frustrated because of required for claimants to the Musical the claim and the good faith of the outdated or otherwise inaccurate Works Fund when either: person signing in providing the contact information, the claim may be (1) The agreement between the information. Penalties for fraud and subject to dismissal. A person or entity organization or association and its false statements are provided under 18 that filed a claim online through eCRB members or affiliates specifically U.S.C. 1001 et seq. must notify the Copyright Royalty Board authorizes the entity to represent its (2) Joint claim. A claim filed on behalf of any change of name or address by members or affiliates as a common agent of more than one copyright owner updating the eCRB profile for that before the Copyright Royalty Board in whose works have been secondarily person or entity through eCRB as royalty claims filing and fee distribution transmitted by a cable system or satellite required by 37 CFR 350.5(g). proceedings; or

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(2) The agreement between the (6) Identification, establishing a basis Subfund claim must be filed separately organization or association and its for the claim, of at least one musical with the Copyright Royalty Board. The members or affiliates, as specified in a work or sound recording embodied in a Copyright Royalty Board will reject any court order issued by a court with digital musical recording or an analog claim that purports to claim funds from authority to interpret the terms of the musical recording lawfully made under more than one Subfund. contract, authorizes the entity to title 17 of the United States Code that § 360.23 Copies of claims. represent its members or affiliates as a has been distributed (as that term is common agent before the Copyright defined in 17 U.S.C. 1001(6)), and that, Following the instructions outlined in Royalty Board in royalty claims filing during the period to which the royalty 37 CFR 301.2, a claimant must file an and fee distribution proceedings. payments claimed pertain, has been: original and one copy of the claim to (i) Distributed (as that term is defined DART royalty fees at the address(es) § 360.22 Form and content of claims. in 17 U.S.C. 1001(6)) in the form of listed for each claim submitted to the (a) Forms. (1) Each claim to DART digital musical recordings or analog Copyright Royalty Board by hand royalty payments must be furnished on musical recordings; or delivery or by U.S. mail. (ii) Disseminated to the public in a form prescribed by the Copyright § 360.24 Content of notices regarding Royalty Board and must contain the transmissions. independent administrators. information required by that form and (7) A declaration of the authority to file the claim and of the veracity of the (a) The independent administrator its accompanying instructions. jointly appointed by the interested (2) Copies of DART claim forms are information contained in the claim and the good faith of the person signing in copyright parties, as defined in 17 available: U.S.C. 1001(7)(A), and the American (i) On the Copyright Royalty Board’s providing the information. Penalties for fraud and false statements are provided Federation of Musicians (or any Web site at http://www.crb.gov/claims successor entity) for the purpose of for claims filed with the Copyright under 18 U.S.C. 1001 et seq. (c) Signature. Claims must bear the managing and ultimately distributing Royalty Board by mail or by hand royalty payments to nonfeatured delivery; original signature of the claimant or of a duly authorized representative of the musicians as defined in 17 U.S.C. (ii) On the Copyright Royalty Board’s claimant, except for claims filed online 1006(b)(1), must file a notice informing Web site at http://www.crb.gov/dart/ through eCRB. the Copyright Royalty Board of his/her during the months of January and (d) Changes. In the event that the legal appointment. February for claims filed online through name and/or address of the claimant (b) The independent administrator eCRB; and changes after the filing of the claim, the jointly appointed by the interested (iii) Upon request to the Copyright claimant must notify the Copyright copyright parties, as defined in 17 Royalty Board, by mail at the address set Royalty Board of the change. Any other U.S.C. 1001(7)(A) and the American forth in § 301.2(a), by email at the proposed changes or amendments must Federation of Television and Radio address set forth in § 301.2(d), or by be submitted in accordance with 37 CFR Artists (or any successor entity) for the telephone at (202) 707–7658. 360.30. If the good faith efforts of the purpose of managing and ultimately (b) Content. Claims filed by interested Copyright Royalty Board to contact the distributing royalty payments to copyright parties for DART royalty claimant are frustrated because of nonfeatured vocalists as defined in 17 payments must include the following failure to notify the Copyright Royalty U.S.C. 1006(b)(1), must file a notice informing the Copyright Royalty Board information: Board of a name and/or address change, of his/her appointment. (1) The full legal name and address of the claim may be subject to dismissal. the person or entity claiming royalty (c) A notice filed under paragraph (a) A person or entity that filed a claim or (b) of this section must include the payments. online through eCRB must notify the (2) The name, telephone number, full full name, telephone number, mailing Copyright Royalty Board of any change address, and email address of the place mailing address, and email address of of name or address by updating that the person or entity filing the claim. The of business of the independent person or entity’s eCRB profile as administrator. information contained in a filer’s eCRB required by § 350.5(g). profile will fulfill this requirement for (d) The independent administrator (e) List of claimants. If the claim is a must file the notices identified in claims submitted through eCRB. joint claim, it must include the name of (3) The name, telephone number, and paragraphs (a) and (b) of this section each claimant participating in the joint through eCRB no later than March 31 of email address of a person whom the claim. Filers submitting joint claims Copyright Royalty Board can contact each year, commencing with March 31, online through eCRB on behalf of ten or 2018. regarding the claim. fewer claimants, must list claimant (4) A statement as to how the claimant information directly on the filed joint Subpart C—Rules of General fits within the definition of interested claim. Filers submitting joint claims on Application copyright party. behalf of more than ten claimants must (5) A statement as to whether the include an Excel spreadsheet listing the § 360.30 Amendment of claims. claim is being made against the Sound full legal name, address, and email Any claimant may amend a filed Recordings Fund or the Musical Works address of each claimant included in the claim as of right by filing a Notice of Fund, as set forth in 17 U.S.C. 1006(b), joint claim. For joint claims filed by Amendment during the statutory period and as to which Subfund the claim is mail or hand delivery, the filer may for filing annual claims. After the made. The Subfunds for the Sound submit the list containing the name of expiration of the time for filing claims, Recordings Fund are the Copyright each claimant included in the joint a claimant may amend a filed claim as Owners Subfund and the Featured claim in a single Excel spreadsheet on of right to correct the general Recording Artists Subfund, The CD, DVD, or other electronic storage description of the nature of the Subfunds for the Musical Works Fund medium. claimant’s work(s), to fix typographical are the Music Publishers Subfund and (f) Subfunds. If an interested or other nonsubstantive errors in other the Writers Subfund, as described in 17 copyright party intends to file claims portions of the claim, or to strike a U.S.C. 1006(b)(1) through (2). against more than one Subfund, each claimant or interested copyright party

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that was erroneously included in a joint establishment of an exemption from the B. How can I get electronic access to claim. No filer may amend a filed claim requirement of a tolerance. This other related information? to add additional claimants or interested regulation eliminates the need to copyright parties after the expiration of establish a maximum permissible level You may access a frequently updated the time for filing claims. for residues of cumene sulfonic acid and electronic version of 40 CFR part 180 its ammonium, calcium, magnesium, through the Government Printing § 360.31 Withdrawal of claims. potassium, sodium and zinc salts when Office’s e-CFR site at http:// Any claimant may withdraw its claim applied or used under these conditions. www.ecfr.gov/cgi-bin/text- for any royalty year as of right by filing idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ DATES: This regulation is effective June a Notice of Withdrawal of Claim(s). If a 40tab_02.tpl 13, 2017. Objections and requests for single claimant filed a Petition to hearings must be received on or before C. How can I file an objection or hearing Participate in a proceeding, withdrawal August 14, 2017, and must be filed in request? of the claim shall serve to dismiss the accordance with the instructions Petition to Participate. If the claimant provided in 40 CFR part 178 (see also Under FFDCA section 408(g), 21 withdrawing a claim was included on Unit I.C. of the SUPPLEMENTARY U.S.C. 346a, any person may file an the Petition to Participate of another INFORMATION). objection to any aspect of this regulation entity, withdrawal of the claim shall not and may also request a hearing on those affect the Petition to Participate as to ADDRESSES: The docket for this action, objections. You must file your objection other claims listed thereon. identified by docket identification (ID) or request a hearing on this regulation number EPA–HQ–OPP–2013–0467, is in accordance with the instructions § 360.32 Reinstatement of previously available at http://www.regulations.gov withdrawn claims. provided in 40 CFR part 178. To ensure or at the Office of Pesticide Programs proper receipt by EPA, you must Once a claimant has withdrawn a Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ– claim, that claim may be reinstated only in the Environmental Protection Agency OPP–2013–0467 in the subject line on by order of the Copyright Royalty Docket Center (EPA/DC), West William the first page of your submission. All Judges, on motion showing good cause Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing and lack of prejudice to other claimants Constitution Ave. NW., Washington, DC must be in writing, and must be to the applicable year’s royalty funds. 20460–0001. The Public Reading Room received by the Hearing Clerk on or Dated: May 26, 2017. is open from 8:30 a.m. to 4:30 p.m., before August 14, 2017. Addresses for Suzanne M. Barnett, Monday through Friday, excluding legal mail and hand delivery of objections Chief Copyright Royalty Judge. holidays. The telephone number for the and hearing requests are provided in 40 Public Reading Room is (202) 566–1744, CFR 178.25(b). Approved by: and the telephone number for the OPP In addition to filing an objection or Docket is (703) 305–5805. Please review Carla D. Hayden, hearing request with the Hearing Clerk the visitor instructions and additional Librarian of Congress. as described in 40 CFR part 178, please information about the docket available [FR Doc. 2017–12114 Filed 6–12–17; 8:45 am] submit a copy of the filing (excluding at http://www.epa.gov/dockets. BILLING CODE 1410–72–P any Confidential Business Information FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. Michael Goodis, Registration Division Information not marked confidential ENVIRONMENTAL PROTECTION (7505P), Office of Pesticide Programs, pursuant to 40 CFR part 2 may be AGENCY Environmental Protection Agency, 1200 disclosed publicly by EPA without prior Pennsylvania Ave. NW., Washington, notice. Submit the non-CBI copy of your 40 CFR Part 180 DC 20460–0001; main telephone objection or hearing request, identified number: (703) 305–7090; email address: by docket ID number EPA–HQ–OPP– [EPA–HQ–OPP–2013–0467; FRL–9961–68] [email protected]. 2013–0467, by one of the following Cumene Sulfonic Acid and Its SUPPLEMENTARY INFORMATION: methods: • Ammonium, Calcium, Magnesium, I. General Information Federal eRulemaking Portal: http:// Potassium, Sodium and Zinc Salts; www.regulations.gov. Follow the online Exemption From the Requirement of a A. Does this action apply to me? instructions for submitting comments. Tolerance You may be potentially affected by Do not submit electronically any this action if you are an agricultural information you consider to be CBI or AGENCY: Environmental Protection other information whose disclosure is Agency (EPA). producer, food manufacturer, or pesticide manufacturer. The following restricted by statute. ACTION: Final rule. list of North American Industrial • Mail: OPP Docket, Environmental SUMMARY: This regulation establishes an Classification System (NAICS) codes is Protection Agency Docket Center (EPA/ exemption from the requirement of a not intended to be exhaustive, but rather DC), (28221T), 1200 Pennsylvania Ave. tolerance for residues of cumene provides a guide to help readers NW., Washington, DC 20460–0001. sulfonic acid and its ammonium, determine whether this document • Hand Delivery: To make special calcium, magnesium, potassium, applies to them. Potentially affected arrangements for hand delivery or sodium and zinc salts when used as an entities may include: delivery of boxed information, please • inert ingredient (surfactants, related Crop production (NAICS code 111). follow the instructions at http:// adjuvants of surfactants) in pesticide • Animal production (NAICS code www.epa.gov/dockets/contacts.html. formulations applied to growing crops 112). Additional instructions on commenting and to animals. Huntsman • Food manufacturing (NAICS code or visiting the docket, along with more Petrochemical LLC submitted a petition 311). information about dockets generally, is to EPA under the Federal Food, Drug, • Pesticide manufacturing (NAICS available at http://www.epa.gov/ and Cosmetic Act (FFDCA), requesting code 32532). dockets.

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II. Petition for Exemption all anticipated dietary exposures and all The toxicity of cumene sulfonic acid In the Federal Register of July 19, other exposures for which there is and its ammonium, calcium, 2013 (78 FR 43115) (FRL–9392–9), EPA reliable information.’’ This includes magnesium, potassium, sodium and issued a document pursuant to FFDCA exposure through drinking water and in zinc salts was considered in an October section 408, 21 U.S.C. 346a, announcing residential settings, but does not include 2005 health assessment performed by occupational exposure. Section the Organization for Economic the filing of a pesticide petition (PP IN– 408(b)(2)(C) of FFDCA requires EPA to Cooperation and Development (OECD) 10565) by Huntsman Corp., 8600 give special consideration to exposure in the Screening Information Data Set Gosling Rd., The Woodlands, TX 77381. of infants and children to the pesticide (SIDS) Initial Assessment Profile (SIAP) The petition requested that 40 CFR chemical residue in establishing a for the Hydrotropes Category. 180.920 and 180.930 be amended by tolerance and to ‘‘ensure that there is a The hydrotropes category covers establishing an exemption from the reasonable certainty that no harm will ‘‘toluene sulfonic acid, sodium salt,’’ requirement of a tolerance for residues result to infants and children from ‘‘xylene sulfonic acid, sodium salt’’ and of cumene sulfonic acid and its aggregate exposure to the pesticide ‘‘cumene sulfonic acid, sodium salt.’’ ammonium, calcium, magnesium, chemical residue . . .’’ This category also includes isomeric potassium, sodium and zinc salts (CAS EPA establishes exemptions from the forms (ortho, meta, and/or para) of the Reg. Nos. 15763–76–5, 16066–35–6, requirement of a tolerance only in those respective sulfonic acid salts (sodium, 164524–02–1, 28085–69–0, 28348–53–0, cases where it can be clearly ammonium, calcium and potassium). 28631–63–2, 32073–22–6, 37475–88–0, demonstrated that the risks from OECD notes that the hydrotropes 37953–05–2, and 90959–88–9) when aggregate exposure to pesticide category may be initially considered as used as an inert ingredient (surfactant, chemical residues under reasonably three sub-groups: The methyl, dimethyl related adjuvants of surfactants) in foreseeable circumstances will pose no and methylethyl benzene sulfonates, (or pesticide formulations applied to appreciable risks to human health. In the toluene, xylene and cumene growing crops and to animals. That order to determine the risks from sulfonates). Although the counter ion document referenced a summary of the aggregate exposure to pesticide inert will also determine the physical and petition prepared by Huntsman Corp., ingredients, the Agency considers the chemical behavior of the compounds, the petitioner, which is available in the toxicity of the inert in conjunction with the chemical reactivity and docket, http://www.regulations.gov. possible exposure to residues of the classification for this purpose is not There were no comments received in inert ingredient through food, drinking expected to be affected by the difference response to the notice of filing. water, and through other exposures that in counter ion. The structures as well as III. Inert Ingredient Definition occur as a result of pesticide use in the physical/chemical and toxicological residential settings. If EPA is able to properties of these chemical entities are Inert ingredients are all ingredients determine that a finite tolerance is not essentially the same. The three that are not active ingredients as defined necessary to ensure that there is a subgroups are expected to be generally in 40 CFR 153.125 and include, but are reasonable certainty that no harm will comparable and predictable in their not limited to, the following types of result from aggregate exposure to the chemical behavior (as such or in ingredients (except when they have a inert ingredient, an exemption from the solution) and that members from one pesticidal efficacy of their own): requirement of a tolerance may be subgroup may be useful for Solvents such as alcohols and established. interpolations across to other subgroups hydrocarbons; surfactants such as Consistent with FFDCA section and to the hydrotropes category in polyoxyethylene polymers and fatty 408(c)(2)(A), and the factors specified in general. Therefore, on this basis, data on acids; carriers such as clay and FFDCA section 408(c)(2)(B), EPA has other members of the hydrotrope diatomaceous earth; thickeners such as reviewed the available scientific data category can be used in a ‘read across’ carrageenan and modified cellulose; and other relevant information in fashion to determine the toxicity of wetting, spreading, and dispersing support of this action. EPA has cumene sulfonic acid and its agents; propellants in aerosol sufficient data to assess the hazards of ammonium, calcium, magnesium, dispensers; microencapsulating agents; and to make a determination on potassium, sodium and zinc salts and emulsifiers. The term ‘‘inert’’ is not aggregate exposure for cumene sulfonic Cumene sulfonic acid and its salts intended to imply nontoxicity; the acid and its ammonium, calcium, and the structurally related hydrotropes ingredient may or may not be magnesium, potassium, sodium and are categorized as having low acute chemically active. Generally, EPA has zinc salts including exposure resulting toxicity via the oral, dermal, and exempted inert ingredients from the from the exemption established by this inhalation. They are not dermal irritants requirement of a tolerance based on the action. EPA’s assessment of exposures or dermal sensitizers and are considered low toxicity of the individual inert and risks associated with cumene slight eye irritants. ingredients. sulfonic acid and its ammonium, Several subchronic studies via the oral route for hydrotropes are available IV. Aggregate Risk Assessment and calcium, magnesium, potassium, sodium and zinc salts follows. in the database. In two 14-day toxicity Determination of Safety studies in mice and rats with sodium Section 408(c)(2)(A)(i) of FFDCA A. Toxicological Profile xylene sulfonate, no significant allows EPA to establish an exemption EPA has evaluated the available treatment related toxicity was observed from the requirement for a tolerance (the toxicity data and considered their at doses up to 4% in the diet legal limit for a pesticide chemical validity, completeness, and reliability as (approximately 4,000 mg/kg/day) in residue in or on a food) only if EPA well as the relationship of the results of mice. In rats, there were some determines that the tolerance is ‘‘safe.’’ the studies to human risk. EPA has also mortalities which were not observed in Section 408(b)(2)(A)(ii) of FFDCA considered available information a dose-related manner as well as losses defines ‘‘safe’’ to mean that ‘‘there is a concerning the variability of the of body weight that were attributable to reasonable certainty that no harm will sensitivities of major identifiable palatability of the test article. These result from aggregate exposure to the subgroups of consumers, including effects were not considered as adverse pesticide chemical residue, including infants and children. findings. In a repeat study in rats,

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mortality was not observed at doses up the oral or dermal route. No www.epa.gov/pesticides/factsheets/ to 4% in the diet. A 90-day subchronic developmental toxicity studies in rats riskassess.htm. toxicity study conducted in Wistar rats and rabbits are available in the cumene No endpoint of concern following a with doses of sodium xylene sulfonate sulfonic acid and its salts. However, a single dose was identified in the up to 5% in the diet. A decrease in developmental study in rats is available available database. The Agency relative spleen weight in females, along for a surrogate hydrotrope, calcium identified a NOAEL of 763 mg/kg/day with some clinical chemistry and xylene sulfonate. In this study the for systemic toxicity, which was hematology changes were observed at NOAEL for maternal and fetal toxicity selected from an oral subchronic study. the highest dose (3,454 mg/kg/day). In a was the highest dose tested, 3,000 mg/ Effects observed in this study were a separate 90-day toxicity study in rats kg/day (936 mg/kg/day, corrected for decrease in spleen weight in females and mice, no treatment related effects purity of test material). Based on this along with some clinical chemistry and were observed in mice and rats given information, there is no evidence to hematology changes at the LOAEL of sodium xylene sulfonate in the diet at consider cumene sulfonic acid and its 3,454 mg/kg/day. No adverse effects 2% (approximately 2,439 and 2,467 mg/ salts as being developmental toxicants. were reported in males. This study was kg/day in mice and rats, respectively). Specific information on the studies used for chronic dietary exposure In a 90-day dietary toxicity study with received and the nature of the adverse assessment. An uncertainty factor of sodium cumene sulfonate in Wistar rats, effects caused by cumene sulfonic acid 100X is applied (10X for interspecies no evidence of systemic toxicity was and its salts and the other members of extrapolation and 10X for intraspecies observed at doses up to 0.5% in the diet, the hydrotrupes category as well as the variability). For several reasons, no equivalent to 114 mg/kg/day (corrected no-observed-adverse-effect-level additional uncertainty factor is for purity of the test substance). Dermal (NOAEL) and the lowest-observed- necessary for the use of subchronic toxicity studies for 17 days and 90 days adverse-effect-level (LOAEL) from the study data for chronic exposure duration were conducted in mice and toxicity studies can be found at http:// assessment. First there was a wide dose rats. No systemic toxicity was observed www.regulations.gov in document, spread between the toxic effects seen at in mice and rats exposed dermally to ‘‘Decision Document for Petition the LOAEL of 3,454 mg/kg/day and the sodium xylene sulfonate at doses up to Number 1E7936; sodium xylene NOAEL of 763 mg/kg/day. Second, the 1,620 and 500 mg/kg/day in mice and sulfonate Human Health Risk and changes observed in clinical chemistry rats, respectively. The results of a 2-year Ecological Effects Assessments for and hematological parameters were dermal toxicity study showed no Proposed Exemption from the small in magnitude and no effects on evidence of skin neoplasms or any other Requirement of a Tolerance When Used organs were observed in the study. neoplasms at doses up to 727 and 240 as Inert Ingredients in Pesticide Therefore, the changes observed were mg/kg/day in mice and rats, Formulations.’’ at pp. 8–14 in docket ID not considered toxicologically respectively. number EPA–HQ–OPP–2011–0951 significant. Finally, the NOAEL in a Hydrotropes were tested for their separate 90-day study in rats was 2,467 B. Toxicological Points of Departure/ mutagenic potential in various in vivo mg/kg/day indicating the lower NOAEL Levels of Concern and in vitro genotoxicity assays. Sodium value in the selected study is an artifact xylene sulfonate gave a negative Once a pesticide’s toxicological of dose selection. Therefore, EPA response in a mouse lymphoma assay, profile is determined, EPA identifies concluded that there is no need to retain the Ames assay, Sister Chromatid toxicological points of departure (POD) an additional uncertainty factor for use Exchange assay, (positive at cytotoxic and levels of concern to use in of a short-term study for long-term concentrations only), a Chromosome evaluating the risk posed by human exposure assessment. Aberration Test and three mouse exposure to the pesticide. For hazards Based on the physicochemical data micronucleus assays. Calcium xylene that have a threshold below which there and lack of systemic toxicity in the sulfonate and sodium cumene sulfonate is no appreciable risk, the toxicological available dermal toxicity studies, EPA were negative for mutagenicity in the POD is used as the basis for derivation concluded that there is no need to Ames test. No evidence of tumors were of reference values for risk assessment. conduct quantitative dermal risk observed in mice and rats treated PODs are developed based on a careful exposure assessment. dermally with sodium xylene sulfonate analysis of the doses in each No data are available on the for two years at doses of 0, 60, 120 and toxicological study to determine the inhalation toxicity of cumene sulfonic 240 mg/kg/day for rats and 0, 182, 364 dose at which no adverse effects are acid and its salts, however, as a solid and 727 mg/kg/day for mice. observed (the NOAEL) and the lowest with an extremely low vapor pressure No reproductive toxicity studies are dose at which adverse effects of concern and a particle size that is not in the available for the hydrotropes, although are identified (the LOAEL). Uncertainty/ respirable range, the likelihood of available oral and dermal toxicity safety factors are used in conjunction significant inhalation exposure to the studies with various hydrotropes with the POD to calculate a safe inert ingredient as a gas, vapor, or included examination of reproductive exposure level—generally referred to as aerosol is negligible. organs of both sexes. The OECD SIDS a population-adjusted dose (PAD) or a assessment included reviews of a 91-day reference dose (RfD)—and a safe margin C. Exposure Assessment oral rat feeding study with sodium of exposure (MOE). For non-threshold 1. Dietary exposure from food and cumene sulfonate, a 90-day feeding risks, the Agency assumes that any feed uses. In evaluating dietary study with sodium xylene sulfonate amount of exposure will lead to some exposure to cumene sulfonic acid and (mice and rats) and the 2-year dermal degree of risk. Thus, the Agency its salts, EPA considered exposure studies with sodium xylene sulfonate estimates risk in terms of the probability under the proposed exemption from the (in mice and rats) which included of an occurrence of the adverse effect requirement of a tolerance for use as an examination of the reproductive organs expected in a lifetime. For more inert ingredient in pesticide of both sexes. There was no evidence information on the general principles formulations applied to growing crops from these studies to suggest that EPA uses in risk characterization and a and animals under the proposed hydrotropes would have an adverse complete description of the risk exemptions from the requirement of a effect on reproductive organs by either assessment process, see http:// tolerance given at 40 CFR 180.920 and

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40 CFR 180.930. EPA assessed dietary assessments for parent compound. pesticide’s residues and ‘‘other exposures from cumene sulfonic acid These values were directly entered into substances that have a common and its salts in food as follows: the dietary exposure model. mechanism of toxicity.’’ i. Acute exposure. Quantitative acute 3. From non-dietary exposure. The EPA has not found cumene sulfonic dietary exposure and risk assessments term ‘‘residential exposure’’ is used in acid and its salts to share a common are performed for a food-use pesticide this document to refer to non- mechanism of toxicity with any other chemical, if a toxicological study has occupational, non-dietary exposure substances, and cumene sulfonic acid indicated the possibility of an effect of (e.g., textiles (clothing and diapers), and its salts do not appear to produce concern occurring as a result of a one- carpets, swimming pools, and hard a toxic metabolite produced by other day or single exposure. No such effects surface disinfection on walls, floors, substances. While there are other were identified in the toxicological tables). chemicals belonging to the cumene studies for cumene sulfonic acid and its Cumene sulfonic acid and its salts sulfonic acid and its salts class of salts, therefore, a quantitative acute may be used as inert ingredient in chemicals (i.e., the ‘‘hydrotropes’’ dietary exposure assessment is pesticide products that are registered for category) that may have a similar unnecessary. specific uses that may result in indoor toxicity profile, this does not necessarily ii. Chronic exposure. The chronic or outdoor residential inhalation and mean that all such chemicals share a dietary exposure assessment for this dermal exposures. A screening-level common mechanism of toxicity; inert ingredient utilizes the Dietary residential exposure and risk therefore, EPA has not assumed that Exposure Evaluation Model Food assessment was completed utilizing cumene sulfonic acid and its salts have Commodity Intake Database (DEEM– conservative residential exposure a common mechanism of toxicity with FCID), Version 3.16, which includes assumptions. The Agency assessed other substances. In any event, EPA food consumption information from the short- and intermediate-term exposures believes that these chemicals will be U.S. Department of Agriculture’s for residential handlers that would used as an alternative to cumene National Health and Nutrition result from low pressure handwand, sulfonic acid and its salts rather than in Examination Survey, ‘‘What We Eat In hose end sprayer and trigger sprayer for conjunction with cumene sulfonic acid America’’, (NHANES/WWEIA). This outdoor scenarios of each pesticide and its salts and would not likely co- dietary survey was conducted from 2003 type, herbicide, insecticide and occur. Even if they did, the cPAD for to 2008. In the absence of actual residue fungicide and mopping, wiping and pesticidal uses occupies only 7% of the data, the inert ingredient evaluation is aerosol sprays for indoor scenarios. The cPAD for the general population and based on a highly conservative model Agency assessed post-application short- any potential increase in exposure to which assumes that the residue level of term dermal exposure for children and this class of chemicals will still be the inert ingredient would be no higher adults as well as short-term hand-to- below any levels of concern. For than the highest established tolerance mouth exposure for children from information regarding EPA’s efforts to for an active ingredient on a given contact with treated lawns. determine which chemicals have a commodity. Implicit in this assumption Cumene sulfonic acid and its salts common mechanism of toxicity and to is that there would be similar rates of may also be used as a component of evaluate the cumulative effects of such degradation between the active and personal care products. The OECD SIDS chemicals, see EPA’s Web site at http:// inert ingredient (if any) and that the assessment estimated highest human www.epa.gov/pesticides/cumulative. concentration of inert ingredient in the exposures resulting from personal care scenarios leading to these highest of product use. These exposure estimates D. Safety Factor for Infants and tolerances would be no higher than the ranged from 0.02–0.14 mg/kg/day for Children concentration of the active ingredient. shampoos and hair conditioners to 1. In general. Section 408(b)(2)(C) of The model assumes 100 percent crop 0.11–0.17 mg/kg/day for liquid face and FFDCA provides that EPA shall apply treated (PCT) for all crops and that every hand soaps. Exposure estimates for an additional tenfold (10X) margin of food eaten by a person each day has cleaning product use and residuals on safety for infants and children in the tolerance-level residues. A complete clothing range from 0.01–0.08 mg/kg/ case of threshold effects to account for description of the general approach day. All exposure evaluations included prenatal and postnatal toxicity and the taken to assess inert ingredient risks in conservative (protective) input completeness of the database on toxicity the absence of residue data is contained assumptions (e.g., all modeled human and exposure unless EPA determines in the memorandum entitled ‘‘Alkyl exposures are conservative due to the based on reliable data that a different Amines Polyalkoxylates (Cluster 4): use of a default assumption of 100% margin of safety will be safe for infants Acute and Chronic Aggregate (Food and absorption). However, the and children. This additional margin of Drinking Water) Dietary Exposure and physicochemical data and available safety is commonly referred to as the Risk Assessments for the Inerts.’’ toxicological data suggest that dermal FQPA Safety Factor (SF). In applying (D361707, S. Piper, 2/25/09) and can be absorption is likely to be minimal. this provision, EPA either retains the found at http://www.regulations.gov in Based on the lack of concern for dermal default value of 10X, or uses a different docket ID number EPA–HQ–OPP–2008– toxicity and the low estimates of additional safety factor when reliable 0738. residential exposure via the oral, dermal data available to EPA support the choice 2. Dietary exposure from drinking or inhalation routes of exposure, a of a different factor. water. For the purpose of the screening quantitative residential risk assessment 2. Prenatal and postnatal sensitivity. level dietary risk assessment to support was not performed. There are no reproductive toxicity this request for an exemption from the 4. Cumulative effects from substances studies reported for cumene sulfonic requirement of a tolerance for cumene with a common mechanism of toxicity. acid and its salts. However, no effects sulfonic acid and its salts, a Section 408(b)(2)(D)(v) of FFDCA on reproductive organs were observed at conservative drinking water requires that, when considering whether very high doses in number of studies concentration value of 100 ppb based on to establish, modify, or revoke a such as a 91-day oral rat feeding study screening level modeling was used to tolerance, the Agency consider with sodium cumene sulfonate, the 90- assess the contribution to drinking ‘‘available information’’ concerning the day feeding study with sodium xylene water for the chronic dietary risk cumulative effects of a particular sulfonate, and the 2-year dermal studies

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with sodium xylene sulfonate. Based on vi. There are no residual uncertainties has already been assessed under the the above evidence, EPA concluded that identified in the exposure databases. appropriately protective cPAD (which is cumene sulfonic acid and its salts are The dietary food exposure assessments at least as protective as a POD that not likely to be a reproductive toxicant. were performed based on 100% CT and would be used to assess short-term risk), This conclusion is in agreement with tolerance-level residues. EPA made no further assessment of short-term risk the OECD conclusion that there is no conservative (protective) assumptions in is necessary, and EPA relies on the evidence to suggest that cumene the ground water and surface water chronic dietary risk assessment for sulfonic acid and its salts would have modeling used to assess exposure to evaluating short-term risk for cumene an adverse effect on reproductive sodium xylene sulfonate in drinking sulfonic acid and its salts. organs. water. EPA used similarly conservative 4. Intermediate-term risk. In a developmental toxicity study in assumptions to assess post-application Intermediate-term aggregate exposure rats with calcium xylene sulfonate, no exposure of children as well as takes into account intermediate-term maternal or developmental effects were incidental oral exposure of toddlers. residential exposure plus chronic observed at doses of 3,000 mg/kg/day These assessments will not exposure to food and water (considered (equal to 936 mg/kg/day corrected for underestimate the exposure and risks to be a background exposure level). An purity of test material). posed by cumene sulfonic acid and its intermediate-term adverse effect relative There is no evidence of prenatal or salts. to residential exposure was not postnatal sensitivity as a result of identified. Intermediate-term risk is E. Aggregate Risks and Determination of assessed based on intermediate-term exposure to sodium xylene sulfonate. Safety 3. Conclusion. EPA has determined residential exposure plus chronic Determination of safety section. EPA that reliable data show the safety of dietary exposure. Because there are no determines whether acute and chronic infants and children would be adverse effects identified for dietary pesticide exposures are safe by adequately protected if the FQPA SF intermediate-term residential exposure comparing aggregate exposure estimates were reduced to 1X. That decision is and chronic dietary exposure has to the acute PAD (aPAD) and chronic based on the following findings: already been assessed under the PAD (cPAD). For linear cancer risks, i. Available studies included several appropriately protective cPAD (which is EPA calculates the lifetime probability at least as protective as a POD that 90-day toxicity studies via oral and of acquiring cancer given the estimated dermal routes, chronic studies, would be used to assess intermediate- aggregate exposure. Short-, term risk), no further assessment of mutagenicity battery, a developmental intermediate-, and chronic-term risks study in rats and metabolism studies. intermediate-term risk is necessary, and are evaluated by comparing the EPA relies on the chronic dietary risk These studies provide an adequate estimated aggregate food, water, and characterization of cumene sulfonic acid assessment for evaluating intermediate- residential exposure to the appropriate term risk for cumene sulfonic acid and and its salts toxicity. PODs to ensure that an adequate MOE ii. There is no indication that cumene its salts. exists. 5. Aggregate cancer risk for U.S. sulfonic acid and its salts is a 1. Acute risk. An acute aggregate risk population. Based upon no evidence of neurotoxic chemical and there is no assessment takes into account acute carcinogenicity in two adequate rodent need for a developmental neurotoxicity exposure estimates from dietary carcinogenicity studies via the dermal study or additional UFs to account for consumption of food and drinking route of exposure, negative response for neurotoxicity. water. No adverse effect resulting from mutagenicity in a battery of genotoxicity iii. No reproductive toxicity study or a single oral exposure was identified tests, and lack of any structural alerts for developmental toxicity study are and no acute dietary endpoint was carcinogenicity, cumene sulfonic acid available for cumene sulfonic acid and selected. Therefore, cumene sulfonic and its salts are not expected to pose a its salts. However, the concern for acid and its salts is not expected to pose cancer risk to humans. increased susceptibility of infants and an acute risk. 6. Determination of safety. Based on children exposure to cumene sulfonic 2. Chronic risk. Using the exposure these risk assessments, EPA concludes acid and its salts are low because no assumptions described in this unit for that there is a reasonable certainty that effects on reproductive parameters were chronic exposure, EPA has concluded no harm will result to the general observed in various oral toxicity studies that chronic exposure to cumene population, or to infants and children and the developmental toxicity in rats sulfonic acid and its salts from food and from aggregate exposure to residues of for surrogate chemical show lack of water under the proposed uses will cumene sulfonic acid and its systemic toxicity at doses up to 936 mg/ utilize 7% of the cPAD for the U.S. ammonium, calcium, magnesium, kg/day (as discussed under Unit population and 26% of the cPAD for potassium, sodium and zinc salts. IV.D.2.). children 1–2 years old, the population iv. No evidence of immunotoxicity subgroup receiving the greatest V. Analytical Enforcement Methodology was observed in the database except exposure. An analytical method is not required slightly decreased in spleen weight was 3. Short-term risk. Short-term for enforcement purposes since the observed at the LOAEL of 3,454 mg/kg/ aggregate exposure takes into account Agency is not establishing a numerical day. There are no concerns for short-term residential exposure plus tolerance for residues of cumene immunotoxicity and an immunotoxicity chronic exposure to food and water sulfonic acid and its ammonium, study is not required because the slight (considered to be a background calcium, magnesium, potassium, decreases in spleen weights were exposure level). A short-term adverse sodium and zinc salts. observed at high doses without any effect relative to residential exposure evidence of histopathological findings. was not identified. Short-term risk is VI. Conclusions v. No additional uncertainty factor is assessed based on short-term residential Therefore, an exemption from the needed for the use of subchronic study exposure plus chronic dietary exposure. requirement of a tolerance is established data for chronic exposure assessment. Because there are no short-term under 40 CFR 180.920 and 180.930 for The rational for this decision is residential dermal exposure effects of cumene sulfonic acid and its provided in Unit IV.B. concern and chronic dietary exposure ammonium, calcium, magnesium,

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potassium, sodium and zinc salts (CAS Populations’’ (59 FR 7629, February 16, consensus standards pursuant to section Reg. Nos. 15763–76–5, 16066–35–6, 1994). 12(d) of the National Technology 164524–02–1, 28085–69–0, 28348–53–0, Since tolerances and exemptions that Transfer and Advancement Act 28631–63–2, 32073–22–6, 37475–88–0, are established on the basis of a petition (NTTAA) (15 U.S.C. 272 note). 37953–05–2, and 90959–88–9) when under FFDCA section 408(d), such as VIII. Congressional Review Act used as an inert ingredient (surfactant, the exemption in this final rule, do not related adjuvant of surfactant in require the issuance of a proposed rule, Pursuant to the Congressional Review pesticide formulations applied to the requirements of the Regulatory Act (5 U.S.C. 801 et seq.), EPA will growing crops and animals. Flexibility Act (RFA) (5 U.S.C. 601 et submit a report containing this rule and seq.), do not apply. other required information to the U.S. VII. Statutory and Executive Order This action directly regulates growers, Senate, the U.S. House of Reviews food processors, food handlers, and food Representatives, and the Comptroller General of the United States prior to This action establishes exemptions retailers, not States or tribes, nor does this action alter the relationships or publication of the rule in the Federal from the requirement of a tolerance distribution of power and Register. This action is not a ‘‘major under FFDCA section 408(d) in responsibilities established by Congress rule’’ as defined by 5 U.S.C. 804(2). response to a petition submitted to the in the preemption provisions of FFDCA List of Subjects in 40 CFR Part 180 Agency. The Office of Management and section 408(n)(4). As such, the Agency Budget (OMB) has exempted these types has determined that this action will not Environmental protection, of actions from review under Executive have a substantial direct effect on States Administrative practice and procedure, Order 12866, entitled ‘‘Regulatory or tribal governments, on the Agricultural commodities, Pesticides Planning and Review’’ (58 FR 51735, relationship between the national and pests, Reporting and recordkeeping October 4, 1993). Because this action government and the States or tribal requirements. has been exempted from review under governments, or on the distribution of Dated: April 27, 2017. Executive Order 12866, this action is power and responsibilities among the Michael Goodis, not subject to Executive Order 13211, various levels of government or between Director, Registration Division, Office of entitled ‘‘Actions Concerning the Federal Government and Indian Pesticide Programs. Regulations That Significantly Affect tribes. Thus, the Agency has determined ■ Energy Supply, Distribution, or Use’’ (66 Therefore, 40 CFR chapter I is that Executive Order 13132, entitled amended as follows: FR 28355, May 22, 2001) or Executive ‘‘Federalism’’ (64 FR 43255, August 10, Order 13045, entitled ‘‘Protection of 1999) and Executive Order 13175, PART 180—[AMENDED] Children from Environmental Health entitled ‘‘Consultation and Coordination Risks and Safety Risks’’ (62 FR 19885, with Indian Tribal Governments’’ (65 FR ■ 1. The authority citation for part 180 April 23, 1997). This action does not 67249, November 9, 2000) do not apply continues to read as follows: contain any information collections to this action. In addition, this action Authority: 21 U.S.C. 321(q), 346a and 371. subject to OMB approval under the does not impose any enforceable duty or ■ 2. In § 180.920, add alphabetically the Paperwork Reduction Act (PRA) (44 contain any unfunded mandate as inert ingredient to the table to read as U.S.C. 3501 et seq.), nor does it require described under Title II of the Unfunded follows: any special considerations under Mandates Reform Act (UMRA) (2 U.S.C. Executive Order 12898, entitled 1501 et seq.). § 180.920 Inert ingredients used pre- ‘‘Federal Actions to Address This action does not involve any harvest; exemptions from the requirement Environmental Justice in Minority technical standards that would require of a tolerance. Populations and Low-Income Agency consideration of voluntary * * * * *

Inert ingredients Limits Uses

******* Cumene sulfonic acid and its ammonium, calcium, magnesium, potassium, sodium ...... Surfactant, related adjuvant of surfactant. and zinc salts (CAS Reg. Nos. 15763–76–5, 16066–35–6, 164524–02–1, 28085– 69–0, 28348–53–0, 28631–63–2, 32073–22–6, 37475–88–0, 37953–05–2, and 90959–88–9).

*******

■ 3. In § 180.930, add alphabetically the § 180.930 Inert ingredients applied to inert ingredient to the table to read as animals; exemptions from the requirement follows: of a tolerance. * * * * *

Inert ingredients Limits Uses

******* Cumene sulfonic acid and its ammonium, calcium, magnesium, potassium, sodium ...... Surfactant, related adjuvant of surfactant. and zinc salts (CAS Reg. Nos. 15763–76–5, 16066–35–6, 164524–02–1, 28085– 69–0, 28348–53–0, 28631–63–2, 32073–22–6, 37475–88–0, 37953–05–2, and 90959–88–9).

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Inert ingredients Limits Uses

*******

[FR Doc. 2017–12238 Filed 6–12–17; 8:45 am] valid Limited Access General Category not take more than their allocated BILLING CODE 6560–50–P (LAGC) Individual Fishing Quota (IFQ) number of trips in the Elephant Trunk scallop permit to fish in the Elephant Flex Scallop Access Area. The Trunk Flex Scallop Access Area under projections of the date on which the DEPARTMENT OF COMMERCE specific conditions, including a total of LAGC IFQ fleet will have taken all of its 697 trips that may be taken by LAGC allocated trips in an Access Area National Oceanic and Atmospheric IFQ vessels during the 2017 fishing become apparent only as trips into the Administration year. Section 648.59(g)(3)(iii) requires area occur on a real-time basis and as the Elephant Trunk Flex Scallop Access activity trends begin to appear. As a 50 CFR Part 648 Area to be closed to LAGC IFQ result, NMFS can only make an accurate permitted vessels for the remainder of projection very close in time to when [Docket No. 161118999–7280–02] the fishing year once the NMFS Greater the fleet has taken all of its trips. In RIN 0648–XF409 Atlantic Regional Administrator order to propose a closure for purposes determines that the allowed number of of receiving prior public comment, Fisheries of the Northeastern United trips for fishing year 2017 are projected NMFS would need to make a projection States; Atlantic Sea Scallop Fishery; to be taken. based on very little information, which Closure of the Elephant Trunk Flex Based on trip declarations by LAGC would result in a closure too early or too Access Area to General Category IFQ scallop vessels fishing in the late. To allow LAGC IFQ scallop vessels Individual Fishing Quota Scallop Elephant Trunk Flex Scallop Access to continue to take trips in the Elephant Vessels Area, and analysis of fishing effort, Trunk Flex Scallop Access Area during NMFS projects that 697 trips will be the period necessary to publish and AGENCY: National Marine Fisheries taken as of June 12, 2017. Therefore, in receive comments on a proposed rule Service (NMFS), National Oceanic and accordance with § 648.59(g)(3)(iii), would likely result in vessels taking Atmospheric Administration (NOAA), NMFS is closing the Elephant Trunk much more than the allowed number of Commerce. Flex Scallop Access Area to all LAGC trips in the Elephant Trunk Flex Scallop ACTION: Temporary rule; closure. IFQ scallop vessels as of June 12, 2017. Access Area. Excessive trips and harvest from the Elephant Trunk Flex Scallop SUMMARY: NMFS announces that the No vessel issued an LAGC IFQ permit Elephant Trunk Flex Scallop Access may fish for, possess, or land scallops in Access Area would result in excessive Area will close to Limited Access or from the Elephant Trunk Flex Scallop fishing effort in the area, where effort General Category Individual Fishing Access Area after 0001 local time, June controls are critical, thereby Quota scallop vessels for the remainder 12, 2017. Any LAGC IFQ vessel that has undermining conservation objectives of of the 2017 fishing year as of the declared into the Elephant Trunk Flex the Atlantic Sea Scallop Fishery effective date below. After the effective Access Area scallop fishery, complied Management Plan and requiring more date, no vessel issued a Limited Access with all trip notification and observer restrictive future management measures. General Category Individual Fishing requirements, and crossed the vessel Also, the public had prior notice and Quota permit may fish for, possess, or monitoring system demarcation line on full opportunity to comment on this land scallops from the Elephant Trunk the way to the area before 0001, June 12, closure process when we put these Flex Scallop Access Area. Regulations 2017, may complete its trip. This provisions in place. Current regulations require this action once it is projected closure is in effect for the remainder of prohibit LAGC IFQ scallop vessels from that 100 percent of trips allocated to the the 2017 scallop fishing year. fishing for, possessing, or landing scallops from this area after the effective Limited Access General Category Classification Individual Fishing Quota scallop vessels date of this notification published in the for the Elephant Trunk Flex Scallop This action is required by 50 CFR part Federal Register. NMFS further finds, Access Area will be taken. 648 and is exempt from review under pursuant to 5 U.S.C 553(d)(3), good Executive Order 12866. cause to waive the 30-day delayed DATES: Effective 0001 hr local time, June NMFS finds good cause pursuant to 5 effectiveness period for the reasons 12, 2017, through March 31, 2018. U.S.C. 553(b)(B) to waive prior notice stated above. FOR FURTHER INFORMATION CONTACT: and the opportunity for public comment Authority: 16 U.S.C. 1801 et seq. Shannah Jaburek, Fishery Management because it would be contrary to the Specialist, (978) 282–8456. public interest and impracticable. The Dated: June 8, 2017. SUPPLEMENTARY INFORMATION: The reader Elephant Trunk Flex Access Area Margo B. Schulze-Haugen, can find regulations governing fishing opened for the 2017 fishing year on Acting Deputy Director, Office of Sustainable activity in the Sea Scallop Access Areas March 23, 2017. The regulations at Fisheries, National Marine Fisheries Service. in 50 CFR 648.59 and 648.60. These § 648.59(g)(3)(iii) require this closure to [FR Doc. 2017–12182 Filed 6–9–17; 8:45 am] regulations authorize vessels issued a ensure that LAGC IFQ scallop vessels do BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 82, No. 112

Tuesday, June 13, 2017

This section of the FEDERAL REGISTER Comments should reference the Memorandum titled ‘‘Interim Guidance contains notices to the public of the proposed document number and the date and Implementing Section 2 of the Executive issuance of rules and regulations. The page number of this issue of the Federal Order of January 30, 2017 titled purpose of these notices is to give interested Register and will be available for public ‘Reducing Regulation and Controlling persons an opportunity to participate in the inspection in the Office of the Docket Regulatory Costs’ ’’ (February 2, 2017). rule making prior to the adoption of the final rules. Clerk during regular business hours, or This proposed rule has been reviewed can be viewed at: http:// under Executive Order 12988, Civil www.regulations.gov. All comments Justice Reform. Under the marketing DEPARTMENT OF AGRICULTURE submitted in response to this proposed order now in effect, pecan handlers are rule will be included in the record and subject to assessments. Funds to Agricultural Marketing Service will be made available to the public. administer the order are derived from Please be advised that the identity of the such assessments. It is intended that the 7 CFR Part 986 individuals or entities submitting the assessment rates as proposed herein [Doc. No. AMS–SC–17–0027; SC17–986–1 comments will be made public on the would be applicable to all assessable PR] internet at the address provided above. pecans beginning on October 1, 2016, FOR FURTHER INFORMATION CONTACT: and continue until amended, Pecans Grown in the States of Jennie M. Varela, Marketing Specialist, suspended, or terminated. Alabama, Arkansas, Arizona, or Christian D. Nissen, Regional The Act provides that administrative California, Florida, Georgia, Kansas, Director, Southeast Marketing Field proceedings must be exhausted before Louisiana, Missouri, Mississippi, North Office, Marketing Order and Agreement parties may file suit in court. Under Carolina, New Mexico, Oklahoma, Division, Specialty Crops Program, section 608c(15)(A) of the Act, any South Carolina, and Texas; AMS, USDA; Telephone: (863) 324– handler subject to an order may file Establishment of Assessment Rates 3375, Fax: (863) 291–8614, or Email: with USDA a petition stating that the [email protected] or order, any provision of the order, or any AGENCY: Agricultural Marketing Service, [email protected]. obligation imposed in connection with USDA. Small businesses may request the order is not in accordance with law ACTION: Proposed rule. information on complying with this and request a modification of the order regulation by contacting Richard Lower, or to be exempted therefrom. Such SUMMARY: This proposed rule would Marketing Order and Agreement handler is afforded the opportunity for implement a recommendation from the Division, Specialty Crops Program, a hearing on the petition. After the American Pecan Council (Council) to AMS, USDA, 1400 Independence hearing, USDA would rule on the establish the initial assessment rates for Avenue SW., STOP 0237, Washington, petition. The Act provides that the the 2016–2017 and subsequent fiscal DC 20250–0237; Telephone: (202) 720– district court of the United States in any years at $0.03 per pound for improved 2491, Fax: (202)720–8938, or Email: district in which the handler is an varieties, $0.02 per pound for native and [email protected]. inhabitant, or has his or her principal seedling varieties, and $0.02 for place of business, has jurisdiction to substandard pecans handled under the SUPPLEMENTARY INFORMATION: This review USDA’s ruling on the petition, pecan marketing order (order). The proposed rule is issued under Marketing provided an action is filed not later than Council administers the order and is Agreement and Order No. 986, (7 CFR 20 days after the date of the entry of the comprised of growers and handlers of part 986), regulating the handling of ruling. pecans operating within the production pecans grown in the states of Alabama, This proposed rule would establish area and a public member. Assessments Arkansas, Arizona, California, Florida, continuing assessment rates for the upon pecan handlers would be used by Georgia, Kansas, Louisiana, Missouri, 2016–2017 and subsequent fiscal years the Council to fund reasonable and Mississippi, North Carolina, New at $0.03 per pound for improved necessary expenses of the program. The Mexico, Oklahoma, South Carolina, and varieties and $0.02 per pound for native fiscal year begins October 1 and ends Texas, hereinafter referred to as the and seedling varieties and for September 30. The assessment rates ‘‘order.’’ The order is effective under the substandard pecans handled. It is would remain in effect indefinitely Agricultural Marketing Agreement Act intended that the assessment rates as unless modified, suspended, or of 1937, as amended (7 U.S.C. 601–674), proposed herein would be applicable to terminated. hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture all assessable pecans beginning on DATES: Comments must be received by (USDA) is issuing this proposed rule in October 1, 2016, and continue until July 13, 2017. conformance with Executive Orders amended, suspended, or terminated. ADDRESSES: Interested persons are 13563 and 13175. The order provides authority for the invited to submit written comments This action falls within a category of Council, with the approval of USDA, to concerning this proposed rule. regulatory actions that the Office of formulate an annual budget of expenses Comments must be sent to the Docket Management and Budget (OMB) has and collect assessments from handlers Clerk, Marketing Order and Agreement exempted from Executive Order 12866 to administer the program. The Division, Specialty Crops Program, review. Additionally, because this rule members of the Council are growers and AMS, USDA, 1400 Independence does not meet the definition of a handlers of pecans and a public Avenue SW., STOP 0237, Washington, significant regulatory action it does not member. They are familiar with the DC 20250–0237; Fax: (202) 720–8938; or trigger the requirements contained in Council’s needs and with the costs for internet: http://www.regulations.gov. Executive Order 13771. See OMB’s goods and services in their respective

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local areas and are thus in a position to meet prior to or during each fiscal year producers provides a return per grower formulate an appropriate budget and to recommend a budget of expenses and of $223,520. Using the average price and assessment rates. The assessment rates consider recommendations for utilization information, and assuming a are formulated and discussed in a modification of the assessment rates. normal distribution, the majority of public meeting. Thus, all directly The dates and times of Council meetings growers have annual receipts of less affected persons have an opportunity to are available from the Council or USDA. than $750,000. Evidence presented at participate and provide input. Council meetings are open to the public the order promulgation hearing For the 2016–2017 fiscal year, the and interested persons may express indicates an average handler margin of Council recommended, and USDA their views at these meetings. USDA $0.58 per pound for in-shell pecans for approved, the Council’s budget and the would evaluate Council an estimated handler price of $2.78. assessment rates that would continue in recommendations and other available With a total 2015 production of 254 effect from fiscal year to fiscal year information to determine whether million pounds, the total value of unless modified, suspended, or modification of the assessment rates is production in 2015 was $706.12 million terminated by USDA upon needed. Further rulemaking would be ($2.78 per pound multiplied by 254 recommendation and information undertaken as necessary. The Council’s million pounds). Taking the total value submitted by the Council or other budget for subsequent fiscal years of production for pecans and dividing it information available to USDA. would be reviewed and, as appropriate, by the total number of pecan handlers The Council met on November 17, approved by USDA. provides a return per handler of 2016, and unanimously recommended The Council also recommended $2,824,480. Using this estimated price, 2016–2017 budget expenditures of reporting requirements, to include the utilization volume, number of $6,000,000 and assessment rates of information on pecans received, handlers, and assuming a normal $0.03 per pound for improved varieties, shipped, exported, or in inventory, distribution, the majority of handlers $0.02 per pound for native and seedling which would facilitate the collection of have annual receipts of less than varieties, and $0.02 per pound for the assessments. These requirements are $7,500,000. Thus, the majority of substandard pecans handled. These are being considered under a separate producers and handlers of pecans grown the first budget of expenditures and action. in the states of Alabama, Arkansas, assessment rates established under this Initial Regulatory Flexibility Analysis Arizona, California, Florida, Georgia, order. Kansas, Louisiana, Missouri, The major expenditures Pursuant to requirements set forth in Mississippi, North Carolina, New recommended by the Council for the the Regulatory Flexibility Act (RFA) (5 Mexico, Oklahoma, South Carolina, and 2016–2017 year include $3,850,000 for U.S.C. 601–612), AMS has considered Texas may be classified as small marketing and promotion, $900,000 for the economic impact of this proposed entities. administration, $250,000 for reporting rule on small entities. Accordingly, and statistics, and $200,000 for AMS has prepared this initial regulatory This proposal would establish the compliance. flexibility analysis. assessment rates to be collected from The assessment rates recommended The purpose of the RFA is to fit handlers for the 2016–2017 and by the Council were derived by dividing regulatory actions to the scale of subsequent fiscal years. The Council anticipated expenses by expected businesses subject to such actions in unanimously recommended 2016–2017 shipments of pecans. Pecan shipments order that small businesses will not be expenditures of $6,000,000 and an for the year are estimated at 260,000,000 unduly or disproportionately burdened. assessment rate of $0.03 per pound for pounds, with about 75 percent, or an Marketing orders issued pursuant to the improved varieties, $0.02 per pound for estimated 195 million pounds of Act, and the rules issued thereunder, are native and seedling varieties, and $0.02 improved varieties, and about 25 unique in that they are brought about per pound for substandard pecans percent of native and seedling varieties through group action of essentially handled. The quantity of pecans for the and substandard pecans. This should small entities acting on their own 2016–2017 year is estimated at provide approximately $6,000,000 in behalf. 260,000,000 pounds, with about 75 assessment income. Income derived There are approximately 2,500 percent, or 195 million pounds of from handler assessments would be producers of pecans in the production improved varieties, and about 25 adequate to cover budgeted expenses. area and approximately 250 handlers percent of native and seedling varieties As the Council has no established subject to regulation under the and substandard pecans. Thus, the reserve, its budget also allocated marketing order. Small agricultural proposed rates should provide $500,000 for reserve funds to be carried producers are defined by the Small $6,000,000 in assessment income and be into the next fiscal year. This would be Business Administration as those adequate to meet this year’s expenses. If within the maximum permitted by the having annual receipts less than the assessment rates generate less order of approximately three fiscal $750,000, and small agricultural service money than is anticipated, the Council years’ expenses. If the assessment rates firms are defined as those whose annual and AMS will adjust the budget generate less money than is anticipated, receipts are less than $7,500,000 (13 accordingly. the Council and the Agricultural CFR 121.201). The major expenditures Marketing Service (AMS) will adjust the According to information from the recommended by the Council for the budget accordingly. National Agricultural Statistics Service 2016–2017 fiscal year include The proposed assessment rates would (NASS), the average grower price for $3,850,000 for marketing and continue in effect indefinitely unless pecans during the 2015–2016 season promotion, $900,000 for administration, modified, suspended, or terminated by was $2.20 per pound and 254 million $250,000 for reporting and statistics, USDA upon recommendation and pounds were utilized. The value for and $200,000 for compliance. information submitted by the Council or pecans in that year totaled $558.8 These are the first budget of other available information. million ($2.20 per pound multiplied by expenditures and assessment rates Although these assessment rates 254 million pounds). Taking the total established under this order. The would be in effect for an indefinite value of production for pecans and Council’s budget also includes a reserve period, the Council would continue to dividing it by the total number of pecan of $500,000.

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These are initial assessment rates for a percentage of total grower revenue A small business guide on complying the order. The order establishes a range could range between 1.3 and 1.7 percent with fruit, vegetable, and specialty crop of assessment rates that are permissible for improved pecans and 1.5 and 2.2 marketing agreements and orders may during the initial four years of the order. percent for native and seedling pecans. be viewed at: http://www.ams.usda.gov/ Specifically improved varieties shall be This action would establish an rules-regulations/moa/small-businesses. initially assessed at $0.02 to $0.03 per assessment obligation imposed on Any questions about the compliance pound and native, seedling, and handlers. While assessments impose guide should be sent to Richard Lower substandard pecans shall be initially some additional costs on handlers, the at the previously-mentioned address in costs are minimal and uniform for all assessed at $0.01 to $0.02 per pound. the FOR FURTHER INFORMATION CONTACT Prior to arriving at this budget and handlers. Some of the additional costs section. assessment rates, the Council may be passed on to producers. considered information from various However, these costs would be offset by A 30-day comment period is provided sources, such as the Council’s the benefits derived by the operation of to allow interested persons to respond Governance Committee, and its the marketing order. In addition, the to this proposed rule. A 30-day period Marketing, Research, and Development Council’s meeting was widely is deemed appropriate because: (1) The Committee. Alternative expenditure publicized throughout the pecan 2016–2017 fiscal year began on October levels were discussed by these groups, industry and all interested persons were 1, 2016, and the marketing order based upon the relative value of various invited to attend the meeting and requires that the rate of assessment for activities to the pecan industry. participate in Council deliberations on each fiscal year apply to all pecans The Council also considered different all issues. Like all Council meetings, the handled during such fiscal year; (2) the assessment levels. Some members November 17, 2016, meeting was a Council needs to have sufficient funds expressed concern regarding a $0.02 public meeting and all entities, both to pay its expenses which are incurred assessment on native, seedling, and large and small, were able to express on a continuous basis; and (3) handlers substandard pecans given the prices of views on this issue. Finally, interested are aware of this action which was those pecans. Another member persons are invited to submit comments unanimously recommended by the suggested the idea of establishing a on this proposed rule, including the lower rate for substandard pecans. The regulatory and informational impacts of Council at a public meeting. All written need to collect sufficient assessments to this action on small businesses. comments timely received will be fund the start-up costs for the order and In accordance with the Paperwork considered before a final determination the development of a marketing program Reduction Act of 1995, (44 U.S.C. is made on this matter. was also noted. After consideration and Chapter 35), the order’s information List of Subjects in 7 CFR Part 986 discussion, the Council unanimously collection requirements have been supported the levels as recommended. previously approved by the Office of Marketing agreements, Pecans, A communication from one of the Management and Budget (OMB) and Reporting and recordkeeping states in the production area assigned OMB No. 0581–0291 ‘‘Pecans requirements. recommending postponing the Grown in AL, AR, AZ, CA, FL, GA, KS, establishment of an assessment rate was LA, MO, MS, NC, NM, OK, SC and TX.’’ For the reasons set forth in the also considered. The Council No changes in those requirements are preamble, 7 CFR part 986 is proposed to determined waiting until the next fiscal necessary as a result of this action. be amended as follows: year to establish assessment rates would However, the Council is recommending be costly in terms of time lost for a reporting requirements, to include PART 986—PECANS GROWN IN THE program that had been anticipated by information on pecans received, STATES OF ALABAMA, ARKANSAS, the industry to improve its marketing. shipped, exported, or in inventory, ARIZONA, CALIFORNIA, FLORIDA, The Council also recognized that the which would facilitate the collection of GEORGIA, KANSAS, LOUISIANA, industry had been notified through the assessments. These requirements are MISSOURI, MISSISSIPPI, NORTH multiple outlets of communication of being considered under a separate CAROLINA, NEW MEXICO, the possible range of assessments in the action. Should any changes to the OKLAHOMA, SOUTH CAROLINA, AND order. The Council expressed a information collection requirements TEXAS preference to establish these rates and become necessary, they would be begin its work immediately rather than submitted to OMB for approval. ■ 1. The authority citation for 7 CFR borrowing funds and being limited in its This proposed rule would impose no part 986 continues to read as follows: operations until the coming fiscal year. additional reporting or recordkeeping Therefore, these alternatives were requirements on either small or large Authority: 7 U.S.C. 601–674. rejected, and the Council ultimately pecan handlers. As with all Federal ■ 2. Amend part 986 by adding determined that 2016–2017 marketing order programs, reports and Subpart—Assessment Rates consisting expenditures of $6,000,000 were forms are periodically reviewed to of § 986.161 to read as follows: appropriate, and the recommended reduce information requirements and assessment rates would generate duplication by industry and public Subpart—Assessment Rates sufficient revenue to meet its expenses. sector agencies. A review of historical information and AMS is committed to complying with § 986.161 Assessment rates. preliminary information pertaining to the E-Government Act, to promote the On and after October 1, 2016, the upcoming production year indicates use of the internet and other assessment rates of $0.03 per pound for the grower price for the 2016–2017 information technologies to provide pecans classified as improved, $0.02 per season could range between $1.73 and increased opportunities for citizen $2.31 per pound for improved varieties, access to Government information and pound for pecans classified as native and between $0.88 and $1.36 per pound services, and for other purposes. and seedling, and $0.02 per pound for for native and seedling pecans. USDA has not identified any relevant pecans classified as substandard pecans Therefore, the estimated assessment Federal rules that duplicate, overlap, or are established. revenue for the 2016–2017 crop year as conflict with this action.

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Dated: June 6, 2017. on the web, cloud, or other file sharing purpose of the SIP. Transportation Bruce Summers, system). For additional submission conformity currently applies to areas Acting Administrator, Agricultural Marketing methods, the full EPA public comment that are designated nonattainment, and Service. policy, information about CBI or to areas that have been redesignated to [FR Doc. 2017–12031 Filed 6–12–17; 8:45 am] multimedia submissions, and general attainment after 1990 (maintenance BILLING CODE 3410–02–P guidance on making effective areas) with plans developed under comments, please visit http:// section 175A of the CAA for the www2.epa.gov/dockets/commenting- following transportation-related criteria ENVIRONMENTAL PROTECTION epa-dockets. pollutants: Ozone, particulate matter AGENCY FOR FURTHER INFORMATION CONTACT: (PM2.5 and PM10), carbon monoxide, and Randall Ruddick, Air Planning Unit, nitrogen dioxide. The transportation 40 CFR Part 52 Office of Air and Waste (OAW–150), conformity regulation is found in 40 Environmental Protection Agency, CFR part 93, subpart A, and in 40 CFR [EPA–R10–OAR–2017–0184, FRL–9963–65– Region 10, 1200 Sixth Ave., Suite 900, 51.390. Region 10] Seattle, WA 98101; telephone number: On September 27, 1995, the EPA Approval and Promulgation of (206) 553–1999; email address: approved the general conformity rules Implementation Plans; Alaska: [email protected]. in Article 7 of AAC Title 18, Chapter 50 Adoption Updates and Rule Revisions SUPPLEMENTARY INFORMATION: into the Alaska SIP (60 FR 49765). On Throughout this document, wherever December 29, 1999, EPA approved AGENCY: Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is ADEC’s transportation conformity rules Agency (EPA). intended to refer to EPA. in Article 7 of 18 AAC 50 into the ACTION: Proposed rule. Alaska SIP (64 FR 72940). On March 10, Table of Contents 2016, ADEC submitted a request to SUMMARY: The Environmental Protection I. Background make two modifications to the Agency (EPA) proposes to approve state II. EPA Evaluation of Alaska SIP Revisions transportation conformity regulations implementation plan (SIP) revisions A. Updates to Adoption by Reference and one modification to the general submitted by the State of Alaska B. Revisions to Permitting Requirements conformity regulations, discussed Department of Environmental C. Removal of Certain Source-Specific Requirements below. Conservation (ADEC) on September 15, D. Revisions to Ozone Standard 2016. These revisions primarily update II. EPA Evaluation of Alaska SIP E. Updates to State General and Revisions adoptions of Federal regulations in the Transportation Conformity Alaska SIP. The revisions also III. Proposed Action A. Updates to Adoption by Reference strengthen the State of Alaska’s (Alaska) IV. Incorporation by Reference ADEC revised 18 AAC 50 to update minor source permitting requirements V. Statutory and Executive Orders Review the adoption by reference date of certain and remove obsolete source-specific I. Background federal regulations and documents and regulations. EPA also proposes to submitted those changes to EPA for approve SIP revisions to Alaska’s Section 110 of the Clean Air Act approval into the Alaska SIP. ADEC also general and transportation conformity (CAA) governs the process by which a updated citation dates at 18 AAC regulations submitted by ADEC on state submits air quality protection 50.035(a)(3) to adopt AP–42, March 10, 2016. The EPA is taking requirements to EPA for approval into Compilation of Air Pollutant Emission action only on the conformity related the State Implementation Plan (SIP). Factors, as updated through April 2015. portions of the March 2016 submittal. The SIP is the state’s plan to implement, Likewise, ADEC updated the adoption The other portions of the submittal are maintain, and enforce National Ambient by reference date in 18 AAC 50.035(a)(7) or will be addressed in separate actions. Air Quality Standards (NAAQS) set by EPA. Because Alaska regularly revises to incorporate a more current version of DATES: Comments must be received on its state rules, and to ensure they stay EPA’s AERSCREEN User’s Guide, EPA– or before July 13, 2017. consistent with Federal CAA 454/B–15–005, dated July 2015. EPA is ADDRESSES: Submit your comments, requirements, Alaska generally submits proposing to approve Alaska’s updates. identified by Docket ID No. EPA–R10– an annual update to EPA for approval Alaska’s major new source review OAR–2017–0184, at http:// into the SIP. (NSR) permitting rules for attainment www.regulations.gov. Follow the online On September 15, 2016, ADEC, and unclassifiable areas, 18 AAC 50, instructions for submitting comments. submitted such an update. The Article 3, largely adopt by reference the Once submitted, comments cannot be submittal contains regulatory updates to federal Prevention of Significant edited or removed from Regulations.gov. the Alaska Administrative Code (AAC) Deterioration of Air Quality (PSD) EPA may publish any comment received with a state effective date of August 20, program regulations in 40 CFR 51.166 to its public docket. Do not 2016. These updates to AAC Title 18, and 40 CFR 52.21. The most recent EPA electronically submit any information Environmental Conservation, Chapter approval of revisions to Alaska’s PSD you consider to be Confidential 50, Air Quality Control (18 AAC 50) permitting program was May 19, 2016 Business Information (CBI) or other reflect updates to the adoption by (81 FR 31511), in which ADEC adopted information the disclosure of which is reference date of certain Federal by reference portions of 40 CFR 51.166 restricted by statute. Multimedia regulations, strengthen minor stationary and 52.21 as in effect on December 9, submissions (audio, video, etc.) must be source permitting rules, remove obsolete 2013. ADEC recently updated 18 AAC accompanied by a written comment. source-specific regulations, and adopt 50.040(f) and (h) to incorporate federal The written comment is considered the the Federal 2015 ozone NAAQS. revisions to portions of 40 CFR 51.166 official comment and should include Transportation conformity is required and 52.21 as in effect on December 28, discussion of all points you wish to under section 176(c) of the CAA to 2015. These updates ensure Alaska’s make. EPA will generally not consider ensure federally supported highway, PSD program is consistent with Federal comments or comment contents located transit projects, and other activities are requirements and therefore EPA is outside of the primary submission (i.e. consistent with (‘‘conform to’’) the proposing to approve them.

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Lastly, ADEC added language in 18 increases below PSD levels to occur D. Revisions to Ozone Standard AAC 215(a)(3) to clarify that Alaska’s without triggering minor source ADEC revised the ozone standard in adoption in 18 AAC 50.035(a) of both permitting requirements. Such increases 18 AAC 50.010(4) from 0.075 ppm to Quality Assurance Handbook for Air will now be subject to minor new source 0.070 ppm to reflect the current (2015) Pollutant Measurement Systems, permitting. ADEC made several changes Federal NAAQS for ozone. We are Volume IV and Meteorological to related regulations to appropriately proposing to approve Alaska’s revision Measurements Version 2.0 are cross-reference and implement this to its ozone standard as consistent with applicable for meteorological revision. EPA is proposing to approve Federal standards. monitoring work in Alaska. EPA is ADEC’s revision to the applicability of proposing to approve the Alaska’s its minor new source review program E. Updates to General and clarification. because it strengthens the SIP and is Transportation Conformity consistent with CAA requirements. B. Revisions to Permitting Requirements On August 10, 2005, the ‘‘Safe, Minor Source Permit Review and Accountable, Flexible, Efficient Source Test Reports Issuance Transportation Equity Act: A Legacy for ADEC’s September 15, 2016 SIP ADEC revised 18 AAC 50.542(b)(5) to Users’’ (SAFETEA–LU) transportation submittal revises 18 AAC 50.345(o) to clarify that the 30-day timeline for fast- act was signed into law, and among reduce the number of paper copies of tracked permit decisions is based on the other things, it amended the CAA to source test reports required to be receipt of a ‘‘complete’’ permit eliminate the requirement for states to submitted from two copies to one copy application. The previous language did adopt and submit general conformity for both minor and Title V permitted not include the adjective ‘‘complete.’’ SIPs. On April 5, 2010 (75 FR 17254), sources. This reduces paperwork, This change makes it easier for EPA updated the general conformity SIP resource requirements, and associated regulated entities and citizens alike to regulations to be consistent with the costs without negatively affecting understand what is expected of both the SAFETEA–LU transportation act by compliance with environmental permitting authority and the applicant. eliminating the Federal regulatory regulations. EPA is proposing to In addition, ADEC added 18 AAC requirement for states to adopt and approve Alaska’s revision. 50.542(d)(1)(F) to clarify the timing of submit general conformity SIPs. See 40 CFR 51.851. On May 7, 2015, with a Minor Source Baseline Date the approval of alternative modeling in ‘‘fast track’’ minor source permitting. supplementary letter received July 29, A minor source baseline date is based ADEC’s rules now make clear that, 2015, ADEC submitted a request to on a trigger date set in federal major where alternative modeling was update the transportation conformity source permitting regulations. The approved outside of ‘‘fast-track’’ regulations and to remove portions of baseline date is calculated as the date on permitting procedures, a 30-day public the general conformity regulations from which the first complete PSD permit notice and request for comment period the Alaska SIP. EPA finalized action on application is received after the EPA on the decision to approve alternative this submittal on September 8, 2015 (80 trigger date, which for fine particulate modeling under 18 AAC 50.215(c)(2) is FR 53735). On March 10, 2016, ADEC matter (PM2.5) is October 20, 2011. required, which will be timed, to the submitted a request to make two ADEC, utilizing 40 CFR 52.21(b)(14)(ii), extent practicable, to coincide with the modifications to Alaska’s transportation determined a minor source PM2.5 public comment period on the draft conformity regulations and one baseline date for the South Central permit. EPA is proposing to approve modification to the general conformity Alaska Intrastate Air Quality Control these clarifications. regulations. Region of October 15, 2015, and Alaska’s March 10, 2016, submittal incorporated this date into Table 2 of 18 C. Removal of Certain Source Category- revises two transportation conformity AAC 50.020. Emissions changes at Specific Requirements criteria and procedures. The first sources in the South Central Alaska Alaska repealed certain source modification relates to interagency Intrastate Air Quality Control Region category-specific requirements consultation. The modification adds a after this baseline date, consume the applicable to fuel burning equipment in reference to a list of exempt projects to region’s PM2.5 PSD increment. We are operation before November 1, 1982, that existing section 18 AAC 50.715(c)(8). proposing to approve Alaska’s use more than 20 percent woodwaste as The second modification relates to incorporation of this minor source fuel; urea prilling towers in operation public involvement. New section 18 baseline date into their SIP as consistent before July 1, 1972; portland cement AAC 50.720(e) adds a reference to with CAA requirements. plants; and pulp mills. Alaska existing Alaska rules regarding charges determined there are no longer any for photocopying of information. Minor Source Permitting Applicability sources in the state to which these The modification to the general EPA originally approved Alaska’s repealed provisions apply. In the conformity regulations removes 18 AAC minor NSR program into the SIP on July September 15, 2016 submittal, ADEC 50.735 from the State’s SIP because it is 5, 1983 (48 FR 30623), and most requested EPA remove these state- not needed under current Federal recently approved an update to it on repealed provisions from the Alaska regulations. This section is not needed May 27, 2015 (80 FR 30161). ADEC has SIP. EPA proposes to approve ADEC’s because SAFETEA–LU eliminated the since revised its minor NSR permitting request to remove 18 AAC 50.055(a)(2), requirement for states to adopt and program so that it now requires all (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) and submit general conformity SIPs. existing minor stationary sources to 18 AAC 50.060 from Alaska’s SIP Alaska’s SIP revision updates the apply for a permit prior to undergoing because no sources are subject to these State’s general and transportation a modification that will result in a standards. Any new sources in these conformity provisions, 18 AAC 50, potential to emit above significant source categories will be regulated Article 7, to be consistent with the CAA emissions thresholds. See 18 AAC under Alaska’s NSR process and any as amended by SAFETEA–LU and EPA 50.502(c)(4). ADEC explains that this applicable federal regulations that apply regulations (40 CFR part 93 and 40 CFR revision closes a permitting loophole to new sources, such as new source 51.390). EPA has reviewed ADEC’s that allowed significant emissions performance standards. March 10, 2016, SIP submittal to assure

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consistency with the CAA as amended reference. In accordance with • is not subject to requirements of by SAFETEA–LU and EPA regulations requirements of 1 CFR 51.5, EPA is Section 12(d) of the National (40 CFR part 93 and 40 CFR 51.390) proposing to incorporate by reference Technology Transfer and Advancement governing state procedures for general the provisions described above in Act of 1995 (15 U.S.C. 272 note) because and transportation conformity and Section III. Also in this rule, EPA is it does not involve technical standards; interagency consultation, and has proposing to remove, in a final EPA and concluded that the submittal is rule, regulatory text that includes • does not provide EPA with the consistent with CAA requirements. The incorporation by reference. In discretionary authority to address, as EPA is taking action only on the accordance with requirements of 1 CFR appropriate, disproportionate human conformity related portions of the 51.5, EPA is proposing to remove the health or environmental effects, using March 10, 2016, submittal. The other incorporation by reference of provisions practicable and legally permissible portions of the submittal are addressed of 18 AAC 50.055 and 50.060 as methods, under Executive Order 12898 in separate actions. described above in Section II (C.) and 18 (59 FR 7629, February 16, 1994). AAC 50.735 as described in Section III. In addition, the SIP is not approved III. Proposed Action EPA has made, and will continue to to apply on any Indian reservation land EPA is proposing to approve, and make, these documents generally or in any other area where EPA or an incorporate by reference where available electronically through Indian tribe has demonstrated that a appropriate, in Alaska’s SIP, all www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of revisions requested by Alaska on copy at the appropriate EPA office (see Indian country, the rule does not have September 15, 2016 (state effective 8/20/ the ADDRESSES section of this preamble tribal implications as specified by 2016) to the following provisions: for more information). Executive Order 13175 (65 FR 67249, • November 9, 2000), nor will it impose 18 AAC 50.010(4) (Ambient Air V. Statutory and Executive Orders substantial direct costs on tribal Quality Standards) Review • 18 AAC 50.020(a) (Baseline Dates and governments or preempt tribal law. Under the CAA, the Administrator is Maximum Allowable Increases) List of Subjects in 40 CFR Part 52 • 18 AAC 50.035(a)(3) and (a)(7) required to approve a SIP submission (Documents, Procedures, and that complies with the provisions of the Environmental protection, Air Methods Adopted by Reference) CAA and applicable federal regulations. pollution control, Incorporation by • 18 AAC 50.040(f) and (h) (Federal 42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Intergovernmental relations, Standards Adopted by Reference) Thus, in reviewing SIP submissions, Ozone, Particulate matter, Reporting • 18 AAC 50.215(a)(3) (Ambient Air EPA’s role is to approve state choices, and recordkeeping requirements. Quality Analysis Methods) provided they meet the criteria of the Authority: 42 U.S.C. 7401 et seq. • 18 AAC 50.345(o) (Construction, CAA. Accordingly, this proposed action merely approves state law as meeting Dated: June 1, 2017. Minor and Operating Permits: Michelle L. Pirzadeh, Standard Permit Conditions) federal requirements and does not Acting Regional Administrator, Region 10. • 18 AAC 50.502(c), (e), (f), (f)(1)(C), impose additional requirements beyond (f)(5), (g), (h)(3)(A), and (h)(3)(B) those imposed by state law. For that [FR Doc. 2017–12234 Filed 6–12–17; 8:45 am] reason, this proposed action: BILLING CODE 6560–50–P (Minor Permits for Air Quality • Protection) Is not a ‘‘significant regulatory • 18 AAC 50.540 (c)(2)(A) (Minor action’’ subject to review by the Office Permit: Application) of Management and Budget under DEPARTMENT OF THE INTERIOR • 18 AAC 50.542(b)(5) and (d)(1) (Minor Executive Orders 12866 (58 FR 51735, Fish and Wildlife Service Permit: Review and Issuance) October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); EPA is also proposing to remove from • does not impose an information 50 CFR Part 17 the SIP the following provisions that collection burden under the provisions ADEC has repealed as a matter of state [Docket Nos. FWS–R2–ES–2016–0099, of the Paperwork Reduction Act (44 FWS–R2–ES–2016–0100, FWS–R2–ES– law: 18 AAC 50.055(a)(2), (a)(3), (a)(7), U.S.C. 3501 et seq.); (a)(8), (b)(4), (b)(6), (f) (Industrial • 2016–0130, FWS–R2–ES–2016–0137, FWS– is certified as not having a R2–ES–2016–0119; FXES11130900000C2– process and Fuel-Burning Equipment) significant economic impact on a 167–FF09E32000] and 18 AAC 50.060 (Pulp Mills). substantial number of small entities Finally, EPA is proposing to approve under the Regulatory Flexibility Act (5 RINs 1018–BA74; 1018–BA75; 1018–BB90; 1018–BB89; 1018–BB87 revisions to 18 AAC 50, Article 7, U.S.C. 601 et seq.); Transportation Conformity, submitted • does not contain any unfunded Endangered and Threatened Wildlife by Alaska on March 10, 2016; mandate or significantly or uniquely and Plants; Reopening the Comment specifically, the revisions to affect small governments, as described Periods for Five Proposed Rules transportation conformity provisions in in the Unfunded Mandates Reform Act 18 AAC 50.715, .720, and removal of the of 1995 (Pub. L. 104–4); AGENCY: Fish and Wildlife Service, general conformity provisions in .735 as • does not have Federalism Interior. discussed in Section II.E above. implications as specified in Executive ACTION: Proposed rules; reopening We have made the preliminary Order 13132 (64 FR 43255, August 10, comment period. determination that the submitted SIP 1999); revisions are consistent with section 110 • is not an economically significant SUMMARY: We, the U.S. Fish and and part C of Title I of the CAA. regulatory action based on health or Wildlife Service (Service), announce safety risks subject to Executive Order that we are reopening the comment IV. Incorporation by Reference 13045 (62 FR 19885, April 23, 1997); periods for our proposed rules to list In this rule, EPA is proposing to • is not a significant regulatory action Festuca ligulata (Guadalupe fescue) as include in a final rule, regulatory text subject to Executive Order 13211 (66 FR an endangered species; to designate that includes incorporation by 28355, May 22, 2001); Festuca ligulata critical habitat; to

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reclassify Sclerocactus brevihamatus considered in preparing the final listing on ‘‘Comment Now!’’ Please ensure that ssp. tobuschii (Tobusch fishhook cactus) determinations. you have found the correct rulemaking from endangered to threatened; to DATES: To allow us adequate time to before submitting your comment. reclassify Echinocereus fendleri var. consider your comments on the • By U.S. mail or hand-delivery: kuenzleri (Kuenzler hedgehog cactus) proposed rule, we must receive your Public Comments Processing, Attn: from endangered to threatened; and to comments on or before July 13, 2017. [Insert appropriate docket number; see remove Eriogonum gypsophilum ADDRESSES: Table 1, below], U.S. Fish and Wildlife (gypsum wild-buckwheat) from the Written comments: You may submit Service, MS: BPHC, 5275 Leesburg Pike, Federal List of Endangered and comments on the proposed rules by one Falls Church, VA 22041–3803. Threatened Plants. We are reopening the of the following methods: We request that you send comments comment period for each of these • Federal eRulemaking Portal: Go to only by the methods described above. proposed rules for 30 days in order to the Federal eRulemaking Portal: http:// We will post all comments on http:// publish a legal notice and to give all www.regulations.gov. In the Search box, www.regulations.gov. This generally interested parties further opportunity to enter the appropriate docket number means that we will post any personal comment on the proposed rules. (see Table 1, below). Then click on the information you provide us (see Comments previously submitted need Search button. On the resulting page, SUPPLEMENTARY INFORMATION for more not be resubmitted, as they will be fully you may submit a comment by clicking information).

TABLE 1—LIST OF PROPOSED RULES REOPENED FOR PUBLIC COMMENT

Proposed rule title Federal Register citation Docket No.

Guadalupe Fescue Endangered Species Status ...... 81 FR 62450; September 9, 2016 .... FWS–R2–ES–2016–0099 Guadalupe Fescue Critical Habitat Designation ...... 81 FR 62455; September 9, 2016 .... FWS–R2–ES–2016–0100 Reclassifying the Tobusch Fishhook Cactus From Endangered to Threat- 81 FR 95932; December 29, 2016 ... FWS–R2–ES–2016–0130 ened on the Federal List of Endangered and Threatened Plants. Reclassifying Echinocereus fendleri var. kuenzleri From Endangered to 82 FR 1677; January 6, 2017 ...... FWS–R2–ES–2016–0137 Threatened. Removing Eriogonum gypsophilum From the Federal List of Endangered 82 FR 1657; January 6, 2017 ...... FWS–R2–ES–2016–0119 and Threatened Plants.

Document availability: Comments and preparing the proposed rule, will be appropriate docket number (see Table 1, materials we receive, as well as available for public inspection on http:// above). supporting documentation we used in www.regulations.gov under the FOR FURTHER INFORMATION CONTACT:

Proposed rule title Contact person

Guadalupe Fescue Endangered Species Status ...... Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, Aus- Guadalupe Fescue Critical Habitat Designation ...... tin Ecological Services Field Office, 10711 Burnet Rd., Suite 200, Reclassifying the Tobusch Fishhook Cactus From Endangered to Austin, TX 78758; telephone (512) 490–0057. Threatened on the Federal List of Endangered and Threatened Plants. Reclassifying Echinocereus fendleri var. kuenzleri From Endangered to Susan Millsap, Field Supervisor, U.S. Fish and Wildlife Service, 2105 Threatened. Osuna Road NE., Albuquerque, NM 87113–1001; telephone (505) Removing Eriogonum gypsophilum From the Federal List of Endan- 761–4781. gered and Threatened Plants.

Individuals who are hearing-impaired In particular, we seek comments data and comments from the public or speech-impaired may call the Federal concerning the following: (1) New regarding the proposal for 60 days, Relay Service at (800) 877–8339 for TTY information concerning Guadalupe ending February 27, 2017. We are assistance 24 hours a day, 7 days a fescue taxonomic classification and reopening the comment period on the week. conservation status; (2) new information proposed rule for an additional 30 days on Guadalupe fescue historical and (see DATES). We will accept written SUPPLEMENTARY INFORMATION: On current status, range, distribution, and September 9, 2016, we published comments and information during this population size, including additional proposed rules to list Guadalupe fescue reopened comment period. In particular, population locations; and (3) new as an endangered species on the Federal we seek comments concerning the information regarding Guadalupe fescue List of Endangered and Threatened following: (1) New information life history, ecology and habitats. Please Plants (81 FR 62450) and to designate its concerning Tobusch fishhook cactus critical habitat (81 FR 62455). We refer to the proposed rules for more taxonomic classification and sought information, data and comments information on our proposed actions conservation status; (2) new information from the public regarding the proposal and the specific information we seek. on Tobusch fishhook cactus historical for 60 days, ending November 8, 2016. On December 29, 2016, we published and current status, range, distribution, We are reopening the comment period a proposed rule to reclassify Tobusch and population size, including on the proposed rules for an additional fishhook cactus from an endangered to additional population locations; and (3) 30 days (see DATES). We will accept a threatened species on the Federal List new information regarding Tobusch written comments and information of Endangered and Threatened Plants fishhook cactus life history, ecology and during this reopened comment period. (81 FR 95932). We sought information, habitats. Please refer to the proposed

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rule for more information on our ending March 7, 2017. We are reopening identifying information—will be posted proposed action and the specific the comment period on the proposed on the Web site. While you can ask us information we seek. rule for an additional 30 days (see in your comment to withhold your On January 6, 2017, we published a DATES). We will accept written personal identifying information from proposed rule to reclassify Kuenzler comments and information during this public review, we cannot guarantee that hedgehog cactus from an endangered to reopened comment period. In particular, we will be able to do so. a threatened species on the Federal List we seek comments concerning the of Endangered and Threatened Plants following: (1) New information If you mail or hand-deliver a (82 FR 1677). We sought information, concerning gypsum wild-buckwheat hardcopy comment that includes data and comments from the public taxonomic classification and personal identifying information, you regarding the proposal for 60 days, conservation status; (2) new information may request at the top of your document ending March 7, 2017. We are reopening on gypsum wild-buckwheat historical that we withhold this information from the comment period on the proposed and current status, range, distribution, public review, but we cannot guarantee rule for an additional 30 days (see and population size, including any that we will be able to do so. To ensure DATES). We will accept written additional population locations; and (3) that the electronic dockets for these comments and information during this new information regarding gypsum rulemakings are complete and all reopened comment period. In particular, wild-buckwheat life history, ecology, comments we receive are publicly we seek comments concerning the and habitats. Please refer to the available, we will post all hardcopy following: (1) New information proposed rule for more information on submissions on http:// concerning Kuenzler hedgehog cactus our proposed action and the specific www.regulations.gov. taxonomic classification and information we seek. conservation status; (2) new information You may submit your comments and Authors on Kuenzler hedgehog cactus historical materials concerning any of the This document’s primary authors are and current status, range, distribution, proposed rules by one of the methods Southwest Regional Office and Austin and population size, including any listed in ADDRESSES. Before including Ecological Services Field Office staff additional population locations; and (3) your address, phone number, email new information regarding Kuenzler address, or other personal identifying members. hedgehog cactus life history, ecology, information in your comment, you Authority and habitats. Please refer to the should be aware that your entire proposed rule for more information on comment—including your personal The Endangered Species Act of 1973, our proposed action and the specific identifying information—may be made as amended (16 U.S.C. 1531 et seq.) is information we seek. publicly available at any time. All the authority for this action. On January 6, 2017, we published a comments and recommendations, Dated: March 30, 2017. proposed rule to remove gypsum wild- including names and addresses, will buckwheat from the Federal List of become part of the administrative James W. Kurth, Endangered and Threatened Plants (82 record. Acting Director, U.S. Fish and Wildlife FR 1657). We sought information, data If you submit information via http:// Service. and comments from the public www.regulations.gov, your entire [FR Doc. 2017–11968 Filed 6–12–17; 8:45 am] regarding the proposal for 60 days, comment—including any personal BILLING CODE 4333–15–P

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Notices Federal Register Vol. 82, No. 112

Tuesday, June 13, 2017

This section of the FEDERAL REGISTER potential persons who are to respond to DEPARTMENT OF AGRICULTURE contains documents other than rules or the collection of information that such proposed rules that are applicable to the persons are not required to respond to Animal and Plant Health Inspection public. Notices of hearings and investigations, the collection of information unless it Service committee meetings, agency decisions and rulings, delegations of authority, filing of displays a currently valid OMB control [Docket No. APHIS–2017–0016] petitions and applications and agency number. statements of organization and functions are Animal Disease Traceability System; examples of documents appearing in this Foreign Agricultural Service Additional Public Meetings section. Title: Export Sales of U.S. Agricultural AGENCY: Animal and Plant Health Commodities. Inspection Service, USDA. DEPARTMENT OF AGRICULTURE OMB Control Number: 0551–0007. ACTION: Notice of public meetings. Summary of Collection: The Submission for OMB Review; SUMMARY: This is to inform the public of information collection requirements Comment Request two additional upcoming meetings contained in 7 CFR part 20 are regarding the Animal Disease June 8, 2017. necessary to implement the mandatory Traceability (ADT) system. These The Department of Agriculture has export sales reporting requirements of regional meetings will provide submitted the following information § 602 of the Agricultural Trade Act of additional opportunities for the Animal collection requirement(s) to OMB for 1978, as amended (7 U.S.C. 5712). The and Plant Health Inspection Service to review and clearance under the export sales reporting system provides hear from the public, particularly from Paperwork Reduction Act of 1995, commodity market participants with the cattle and bison sectors, about the Public Law 104–13. Comments are information about commodity export successes and challenges of the current requested regarding (1) whether the commitments, and is one means by ADT framework and provide a venue for collection of information is necessary which USDA seeks to insure fairness the exchange of ideas about ways to for the proper performance of the and soundness in commodity overcome these challenges and fill gaps functions of the agency, including marketing. U.S. exports are required to in the existing system. whether the information will have report to the Foreign Agricultural DATES: The meetings will be held on practical utility; (2) the accuracy of the Service (FAS) information on: (1) The July 18 and 20, 2017, from 8 a.m. to 3:30 agency’s estimate of burden including quantity of a reportable commodity to p.m. (local time) each day. We will the validity of the methodology and be sold to a foreign buyer; (2) the accept written statements regarding the assumptions used; (3) ways to enhance country of destination; and (3) the ADT system until July 31, 2017. the quality, utility and clarity of the marketing year of shipment. ADDRESSES: The public meetings will be information to be collected; and (4) Need and Use of the Information: The held in the following locations: ways to minimize the burden of the • July 18: Embassy Suites Omaha collected information is needed because collection of information on those who Downtown, 555 South 10th Street, it provides up-to-date market data for are to respond, including through the Omaha, NE. use of appropriate automated, making rational export policy decisions • July 20: Dallas/Fort Worth Marriott electronic, mechanical, or other to prevent market disruptions. FAS Hotel & Golf Club at Champions Circle, technological collection techniques or reports the information to the public so 3300 Championship Parkway, Fort other forms of information technology. that all market participants can be aware Worth, TX. Comments regarding this information of such sales and can evaluate the You may also submit written collection received by July 13, 2017 will effects of exports on supply and demand statements using one of the following be considered. Written comments estimates of production, prices, and methods: should be addressed to: Desk Officer for sales. If the information is not collected, • Federal eRulemaking Portal: Go to Agriculture, Office of Information and the Department would not be in http://www.regulations.gov/#!docket Regulatory Affairs, Office of compliance with the statutes and not Detail;D=APHIS-2017-0016. Management and Budget (OMB), New fulfilling the objectives of the export • Postal Mail/Commercial Delivery: Executive Office Building, 725 17th sales reporting program. Send your comment to Docket No. Street NW., Washington, DC 20502. APHIS–2017–0016, Regulatory Analysis Commenters are encouraged to submit Description of Respondents: Business and Development, PPD, APHIS, Station their comments to OMB via email to: or other for-profit. 3A–03.8, 4700 River Road Unit 118, [email protected] or Number of Respondents: 340. Riverdale, MD 20737–1238. fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Frequency of Responses: Reporting: FOR FURTHER INFORMATION CONTACT: Dr. Stop 7602, Washington, DC 20250– Quarterly; Weekly. Sunny Geiser-Novotny, Cattle Health 7602. Copies of the submission(s) may Total Burden Hours: 47,907. Staff/ADT Veterinarian, Surveillance, be obtained by calling (202) 720–8958. Preparedness, and Response Services, An agency may not conduct or Ruth Brown, VS, APHIS, 2150 Centre Avenue, sponsor a collection of information Departmental Information Collection Building B, Mailstop 3E13, Room 3E97, unless the collection of information Clearance Officer. Fort Collins, CO 80526, (970) 494–7372. displays a currently valid OMB control [FR Doc. 2017–12194 Filed 6–12–17; 8:45 am] SUPPLEMENTARY INFORMATION: The number and the agency informs BILLING CODE 3410–10–P Animal and Plant Health Inspection

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Service (APHIS) plans to hold two Done in Washington, DC, this 8th day of between FSA county offices under additional public meetings to receive June 2017. certain circumstances, which may input, particularly from the cattle and Michael C. Gregoire, include: bison sectors, on enhancing the current Acting Administrator, Animal and Plant • A change has occurred in the Animal Disease Traceability (ADT) Health Inspection Service. operation of the land; or • system. During April and May 2017, [FR Doc. 2017–12190 Filed 6–12–17; 8:45 am] there has been a change that would meetings took place in Oklahoma City, BILLING CODE 3410–34–P cause the receiving county office to be OK; Riverdale, MD; Nashville, TN; more accessible, including, but not Bloomington, MN; Denver, CO; Rancho limited to, the construction of a new DEPARTMENT OF AGRICULTURE highway, relocation of the county office Cordova, CA; and Billings, MT. building site; or The original ADT framework, as Farm Service Agency • when an FSA county office closes. described in the January 6, 2013, final FSA County Committees from both rule 1 establishing the program, Information Collection Request; the transferring and receiving counties Transfer of Farm Records Between provided specific performance must approve or disapprove all Counties requirements for an intentionally proposed farm record transfers. If the flexible ADT system. This let States and AGENCY: Farm Service Agency, USDA. FSA County Committee is not able to individual producers use personally ACTION: Notice; request for comments. approve the request based on one of the efficient methods to meet requirements criteria in 7 CFR 718.8(e), then the State to move their livestock between States. SUMMARY: In accordance with the Committee would need to submit an Paperwork Reduction Act of 1995, the exception request to the Deputy These meetings will provide Farm Service Agency (FSA) is Administrator for Farm Programs. additional opportunities for APHIS to requesting comments from interested For the following estimated total hear from the public about the successes individuals and organizations on an annual burden on respondents, the and challenges of the current ADT extension of a currently approved formula used to calculate the total framework and let attendees brainstorm information collection associated with burden hours is the estimated average ideas about overcoming these challenges transferring of farm records from one time per response multiplied by the and finding ways to fill gaps in the FSA county office to another. estimated total annual responses. existing system. Although APHIS is DATES: We will consider comments that The estimate of the average time to especially interested during these we receive by August 14, 2017. respond includes the estimate for the sessions to hear from cattle and bison ADDRESSES: We invite you to submit time to collect and provide the industry members, we welcome comments on this Notice. In your information, including travel time to the participation from all members of the comment, include volume, date, and local FSA county office. Public public. page number of this issue of the Federal reporting burden for collecting information under this notice is Each meeting will start with an Register. You may submit comments by estimated to average 10 minutes per overview of the basic principles of ADT any of the following methods: • Federal eRulemaking Portal: Go to: response (0.167 hours), including the and progress made to date given by www.regulations.gov. Follow the online time for reviewing instructions, APHIS employees and a panel of State instructions for submitting comments. searching existing data sources, and industry representatives. A • Mail, hand delivery, or courier: gathering and maintaining the data comment/question and answer session Melonie Sullivan, Agricultural Program needed, and completing and reviewing will follow. After a break for lunch, Specialist, Program Policy Branch, 1400 the collection of information. The attendees will split off into breakout Independence Avenue SW., STOP 0512, average travel time, which is included sessions to discuss challenge areas and Washington, DC 20250–0512. in the total annual burden, is estimated come up with solutions. The entire You may also send comments to the to be 1 hour per respondent. Therefore, group will reconvene to receive the Desk Officer for Agriculture, Office of the total estimate of the average time to highlights of the breakout sessions, and Information and Regulatory Affairs, respond is 1.167 hours. the meeting will end after some Office of Management and Budget, Type of Respondents: Owners and discussion of next steps and closing Washington, DC 20503. operators. remarks. Comments will be available for Estimated Number of Respondents: inspection online at http:// If you are planning to attend a 21,240. www.regulations.gov. Copies of the Estimated Average Number of meeting, we ask that you register in information collection and any public advance by visiting http:// Responses per Respondent: 1. comments may be requested by Estimated Total Annual Responses: www.aphis.usda.gov/animal-health/adt- contacting Melonie Sullivan at the 21,240. meeting-registrations. Same-day above address. Estimated Average Time per registration will also be available at each FOR FURTHER INFORMATION CONTACT: Response: 1.167. meeting site. If you require special Melonie Sullivan, (202) 690–1003. Estimated Total Annual Burden on accommodations, such as a sign Persons with disabilities or who require Respondents: 24,780 hours. language interpreter, please call or write alternative means for communication We are requesting comments on all the individual listed under FOR FURTHER should contact the USDA Target Center aspects of this information to help us to: INFORMATION CONTACT. Written at (202) 720–2600 (voice). (1) Evaluate whether the proposed statements about the current ADT SUPPLEMENTARY INFORMATION: collection of information is necessary system may be filed at the meetings or Title: Transfer of Farm Records for the proper performance of the by using one of the methods described between Counties. functions of the agency, including under ADDRESSES above. OMB Control Number: 0560–0253. whether the information will have Type of Request: Extension. practical utility; 1 See https://www.regulations.gov/ Abstract: Farm owners or operators (2) Evaluate the accuracy of the docket?D=APHIS-2009-0091. may request to transfer farm records agency’s estimate of the burden of the

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proposed collection of information, available for public inspection and ACTION: Announcement of meeting. including the validity of the copying. The public may inspect methodology and assumptions used; comments received at the Lassen SUMMARY: Notice is hereby given, (3) Enhance the quality, utility and National Forest Supervisor’s Office. pursuant to the provisions of the rules clarity of the information from those Please call ahead to facilitate entry into and regulations of the U.S. Commission who are to respond, including the use the building. on Civil Rights (Commission), and the Federal Advisory Committee Act of appropriate automated, electronic, FOR FURTHER INFORMATION CONTACT: (FACA), that a meeting of the Colorado mechanical, or other technological Matthew Boisseau, District Ranger/RAC Advisory Committee to the Commission collection techniques or other forms of Coordinator, by phone at (530) 768– will convene at 6 p.m. (MDT) on July information technology. 4109 or via email at mboisseau@ 18, 2017 at the University of Denver, All comments received in response to fs.fed.us. this notice, including names and Individuals who use Bldg. 26, Sturm Hall (Building 26), addresses when provided, will be a telecommunication devices for the deaf Lindsey Auditorium (Room 281), 2000 matter of public record. Comments will (TDD) may call the Federal Information E. Asbury Ave., Denver, CO 80208. The be summarized and included in the Relay Service (FIRS) at 1–800–877–8339 purpose of the briefing meeting is to submission for Office of Management between 8:00 a.m. and 8:00 p.m., hear testimony on the impact of the and Budget Approval. Eastern Standard Time, Monday Blaine Amendment (Colorado’s No Aid through Friday. Clause) in Colorado. Chris P. Beyerhelm, DATES: Tuesday, July 18, 2017, from 6 Acting Administrator, Farm Service Agency. SUPPLEMENTARY INFORMATION: The purpose of the meeting is to discuss p.m. to 8 p.m. MDT. [FR Doc. 2017–12221 Filed 6–12–17; 8:45 am] how the committee will review and ADDRESSES: University of Denver, Sturm BILLING CODE 3410–05–P prioritize projects at the upcoming RAC Hall, Lindsey Auditorium (Rm. 281), meeting held on Thursday, August 31, 2000 E. Asbury Ave., Denver, CO 80208. DEPARTMENT OF AGRICULTURE 2017. FOR FURTHER INFORMATION CONTACT: The meeting is open to the public. Evelyn Bohor at [email protected], or Forest Service The agenda will include time for people 303–866–1040. to make oral statements of three minutes SUPPLEMENTARY INFORMATION: The Lassen County Resource Advisory or less. Individuals wishing to make an Colorado Advisory Committee will hear Committee oral statement should request in writing from individuals with expertise on by Friday, June 23, 2017, to be Colorado’s No Aid Clause. The AGENCY: Forest Service, USDA. scheduled on the agenda. Anyone who Committee will examine the history of ACTION: Notice of meeting. would like to bring related matters to the Blaine Amendment, those in favor of the attention of the committee may file SUMMARY: The Lassen County Resource continued use and those in favor of written statements with the committee Advisory Committee (RAC) will meet in modifying or eliminating use of the staff before or after the meeting. Written Susanville, California. The committee is Blaine Amendment in Colorado. comments and requests for time for oral authorized under the Secure Rural Through testimony, the Committee will comments must be sent to Matthew Schools and Community Self- receive information on the effects of the Boisseau, District Ranger/RAC Determination Act (the Act) and Blaine Amendment on the civil rights of Coordinator, 2550 Riverside Drive, operates in compliance with the Federal a wide range of families in Colorado’s Susanville, California 96130; or by Advisory Committee Act. The purpose schools. email to [email protected], or via of the committee is to improve The meeting is free and open to the facsimile to (530) 252- 6463. collaborative relationships and to public. If other persons who plan to Meeting Accommodations: If you are provide advice and recommendations to attend the meeting require a person requiring reasonable the Forest Service concerning projects accommodations, please contact Evelyn accommodation, please make requests and funding consistent with the Act. Bohor at [email protected] at the Rocky in advance for sign language RAC information can be found at the Mountain Regional Office at least ten interpreting, assistive listening devices following Web site: https:// (10) working days before the scheduled or other reasonable accommodation for www.fs.usda.gov/main/lassen/ date of the meeting. access to the facility or proceedings by workingtogether/advisorycommittees. Time will be set aside at the end of contacting the person listed in the the briefing so that members of the DATES: The meeting will be held on section titled FOR FURTHER INFORMATION public may address the Committee after Thursday, June 29, 2017, from 1:00 CONTACT. All reasonable the formal presentations have been p.m.–4:00 p.m. accommodation requests are managed completed. Persons interested in the All RAC meetings are subject to on a case by case basis. issue are also invited to submit written cancellation. For status of meeting prior Dated: May 26, 2017. comments; the comments must be to attendance, please contact the person received in the regional office by Friday, FOR FURTHER INFORMATION Glenn Casamassa, listed under August 18, 2017. Written comments CONTACT. Associate Deputy Chief, National Forest System. may be mailed to the Rocky Mountain ADDRESSES: The meeting will be held at Regional Office, U.S. Commission on [FR Doc. 2017–12165 Filed 6–12–17; 8:45 am] the Lassen National Forest Supervisor’s Civil Rights, 1961 Stout Street, Suite Office, in the Caribour Conference BILLING CODE 3411–15–P 13–201, Denver, CO 80294, faxed to Room, 2550 Riverside Drive, Susanville, (303) 866–1050, or emailed to Evelyn California. Bohor at [email protected]. Persons Written comments may be submitted COMMISSION ON CIVIL RIGHTS who desire additional information may as described under SUPPLEMENTARY Agenda and Notice of Public Meeting contact the Rocky Mountain Regional INFORMATION. All comments, including of the Colorado Advisory Committee Office at 303–866–1040. names and addresses when provided, Records and documents discussed are placed in the record and are AGENCY: Commission on Civil Rights. during the meeting will be available for

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public viewing as they become available Therefore, the staff’s preliminary the reviewed producers/exporters are at https://database.faca.gov/committee/ recommendation is to not approve the listed below in the section entitled meetings.aspx?cid=238 and clicking on requested authority. ‘‘Final Results of Review.’’ the ‘‘Meeting Details’’ and ‘‘Documents’’ Public comment is invited through DATES: Effective June 13, 2017. links. Records generated from this July 31, 2017. Rebuttal comments in FOR FURTHER INFORMATION CONTACT: meeting may also be inspected and response to material submitted during Mark Flessner or Erin Kearney, AD/CVD reproduced at the Rocky Mountain the foregoing period may be submitted Operations, Office VI, Enforcement and Regional Office, as they become during the subsequent 15-day period, Compliance, International Trade available, both before and after the until August 15, 2017. Submissions Administration, U.S. Department of meeting. Persons interested in the work shall be addressed to the FTZ Board’s Commerce, 1401 Constitution Avenue of this advisory committee are advised Executive Secretary at the address NW., Washington, DC 20230; telephone: to go to the Commission’s Web site, below. (202) 482–6312 or (202) 482–0167, www.usccr.gov, or to contact the Rocky A summary of the FTZ Board’s staff’s respectively. Mountain Regional Office at the above analysis and preliminary phone number, email or street address. recommendation will be available for SUPPLEMENTARY INFORMATION: public inspection at the Office of the Background Tentative Agenda Executive Secretary, Foreign-Trade Tuesday, July 18, 2017 Zones Board, Room 21013, U.S. On December 9, 2016, the Department published in the Federal Register the I. Welcome and Introductions Department of Commerce, 1401 Constitution Avenue NW., Washington, Preliminary Results of this II. History and Background Information 1 on Blaine Amendment: Colorado’s DC 20230–0002, and in the ‘‘Reading administrative review. In accordance No Aid Clause Room’’ section of the FTZ Board’s Web with 19 CFR 351.309(c)(1)(ii), we III. Panel One: For Blaine site, which is accessible via invited interested parties to comment on IV. Panel Two: Against Blaine www.trade.gov/ftz. the Preliminary Results. On December V. Open Session For further information, contact Diane 22, 2016, the Department issued post- VI. Adjournment Finver at [email protected] or preliminary supplemental Dated: June 7, 2017. (202) 482–2862. questionnaires to Maquilacero and Regiopytsa.2 On January 18 and 19, David Mussatt, Dated: June 7, 2017. 2017, Maquilacero and Regiopytsa, Andrew McGilvray, Supervisory Chief, Regional Programs Unit. respectively, submitted responses to the [FR Doc. 2017–12076 Filed 6–12–17; 8:45 am] Executive Secretary. Department’s post-preliminary BILLING CODE P [FR Doc. 2017–12188 Filed 6–12–17; 8:45 am] supplemental questionnaire.3 On BILLING CODE 3510–DS–P February 21, 2017, the Department received case briefs from the petitioner,4 DEPARTMENT OF COMMERCE Maquilacero, and Regiopytsa.5 On DEPARTMENT OF COMMERCE February 27, 2017, interested parties Foreign-Trade Zones Board 6 International Trade Administration submitted rebuttal briefs. On February [B–53–2015] [A–201–805] 1 See Preliminary Results. Foreign-Trade Zone 119—Minneapolis- 2 See Department Letter re: Maquilacero St. Paul, Minnesota, Application for Certain Circular Welded Non-Alloy Supplemental Section A, B, C, and D Questions, Additional Production Authority; The Steel Pipe From Mexico; Final Results dated December 22, 2016; see also Department Coleman Company, Inc., Subzone 119I, of Antidumping Duty Administrative Letter re: Regiopytsa Supplemental Section A, B, C, Review and Final Determination of No and D Questions, dated December 22, 2016. Invitation for Public Comment on 3 See Maquilacero Letter re: Certain Circular Preliminary Recommendation Shipments; 2014–2015 Welded Non-Alloy Steel Pipe and Tube from Mexico; Maquilacero S.A. de C.V.’s Third The FTZ Board is inviting public AGENCY: Enforcement and Compliance, Supplemental Sections A–D Questionnaire comment on its staff’s preliminary International Trade Administration, Response, dated January 18, 2017 see also recommendation pertaining to the Department of Commerce. Regiopytsa Letter re: Circular Welded Non-Alloy Steel Pipe from Mexico: Response to the application of The Coleman Company, SUMMARY: On December 9, 2016, the Department’s December 22, 2016 Supplemental Inc. (Coleman) requesting unrestricted Department of Commerce (the Questionnaire, dated January 19, 2017. production authority within Subzone Department) published the preliminary 4 The petitioner is Wheatland Tube Company. 119I at the Coleman facility located in results of the administrative review of 5 See Petitioner Letter re: Circular Welded Non- Sauk Rapids, Minnesota. Specifically, the antidumping duty order on certain Alloy Steel Pipe from the Mexico: Case Brief, dated February 21, 2017 (Petitioner Case Brief); see also the application requests unrestricted circular welded non-alloy steel pipe Maquilacero Letter re: Certain Circular Welded authority to produce personal flotation from Mexico. The period of review Non-Alloy Steel Pipe and Tube from Mexico; devices and flotation cushions using the (POR) is November 1, 2014, through Maquilacero S.A. de C.V.’s Case Brief, dated following inputs in foreign status: October 31, 2015. The review covers February 21, 2017 (Maquilacero Case Brief); see also Regiopytsa Letter re: Circular Welded Non-Alloy Certain nylon and polyester woven eight producers/exporters of the subject Steel Pipe from Mexico: Case Brief, dated February fabrics; webbing of man-made fibers; merchandise, including the two 21, 2017 (Regiopytsa Case Brief). neoprene fabrics; knit polyester fleece respondents selected for individual 6 See petitioner Letter re: Circular Welded Non- fabrics; and, water soluble sensing examination: Maquilacero, S.A. de C.V. Alloy Steel Pipe from the Mexico: Rebuttal Brief, dated February 27, 2017 (Petitioner Rebuttal Brief); elements. The FTZ Board staff’s analysis (Maquilacero) and Regiomontana de see also Maquilacero Letter re: Certain Circular of the evidence currently on the record Perfiles y Tubos, S.A. de C.V. Welded Non-Alloy Steel Pipe and Tube from of the proceeding indicates that the (Regiopytsa). Based on our analysis of Mexico; Maquilacero S.A. de C.V.’s Rebuttal Brief, applicant has not met the burden of the comments received, we made dated February 27, 2017 (Maquilacero Rebuttal Brief); see also Regiopytsa Letter re: Circular proof as it pertains to the criteria for certain changes to our preliminary Welded Non-Alloy Steel Pipe from Mexico: approval under the FTZ Board’s findings for Regiopytsa. The final Rebuttal Brief, dated February 27, 2017 (Regiopytsa regulations (15 CFR part 400). weighted-average dumping margins for Rebuttal Brief).

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9 and May 16, 2017, the Department the issues that parties raised, and to November 28, 2016, we issued a no- extended the time limit for the final which we responded, is attached to this shipment inquiry to U.S. Customs and results, until June 7, 2017.7 The notice as an appendix. Border Protection (CBP) to confirm that Department conducted this there were no entries of subject Changes Since the Preliminary Results administrative review in accordance merchandise by either Lamina y Placa with section 751 of the Tariff Act of Based on our analysis of the or Mueller during the POR.12 We 1930, as amended (the Act). comments received, we made certain received no information from CBP that changes to Regiopytsa’s margin Period of Review contradicted Lamina y Placa and calculation. Additionally, we made Mueller’s claims of no shipments, and The POR is November 1, 2014, certain changes to the assessment rates we received no comments from through October 31, 2015. for both mandatory respondents. These interested parties with respect to the Scope of the Order changes are fully discussed in the Issues Department’s preliminary determination and Decision Memorandum. of no shipments for Lamina y Placa and The products covered by the order are Mueller. Therefore, based on the claims circular welded non-alloy steel pipes Final Results of Review of no shipments by Lamina y Placa and and tubes. The merchandise covered by As a result of this review, we Mueller, and because the record the order and subject to this review is determine the following weighted- contains no information to the contrary, currently classified in the Harmonized average dumping margins exist for the we continue to determine for these final Tariff Schedule of the United States POR: results that Lamina y Placa and Mueller (HTSUS) at subheadings: 7306.30.1000, had no shipments of subject 7306.30.5025, 7306.30.5032, Weighted- merchandise and, therefore, no 7306.30.5040, 7306.30.5055, average Exporter or reviewable transactions during the POR. 7306.30.5085, and 7306.30.5090. producer dumping margins As noted in the ‘‘Assessment Rates’’ Although the HTSUS subheadings are (percent) provided for convenience and customs section, below, the Department intends to issue appropriate instructions to CBP purposes, our written description of the Maquilacero, S.A. de C.V ...... 7.32 scope of this proceeding is dispositive. Regiomontana de Perfiles y for Lamina y Placa and Mueller. A full description of the scope of the Tubos, S.A. de C.V./PYTCO, Assessment Rates order is contained in the Issues and S.A. de C.V 9 ...... 2.43 Pursuant to section 751(a)(2)(A) of the Decisions Memorandum,8 which is Conduit, S.A. de C.V ...... 3.53 Act, and 19 CFR 351.212(b), the hereby adopted by this notice and Productos Laminados de Department has determined, and CBP incorporated herein by reference. The Monterrey, S.A. de C.V ...... 3.53 Ternium Mexico, S.A. de C.V ..... 3.53 shall assess, antidumping duties on all Issues and Decisions Memorandum is a public document and is on file appropriate entries of subject Consistent with the Preliminary electronically via Enforcement and merchandise in accordance with the Results, we calculated a weighted- Compliance’s Antidumping and final results of this review. The average margin for the companies not Countervailing Duty Centralized Department intends to issue assessment selected for individual examination (i.e., Electronic Service System (ACCESS). instructions to CBP 41 days after the Conduit, S.A. de C.V. (Conduit); ACCESS is available to registered users date of publication of these final results Productos Laminados de Monterrey, at https://access.trade.gov and available of review. S.A. de C.V. (Prolamsa); and Ternium to all parties in the Central Records The Department will instruct CBP to Unit, Room B8024 of the main Mexico, S.A. de C.V. (Ternium)) using apply an ad valorem assessment rate of Department of Commerce building. In the publicly available, ranged total U.S. 7.32 percent to all entries of subject sales values of the selected respondents, merchandise during the POR which addition, a complete version of the 10 Issues and Decisions Memorandum can which is 3.53 percent. were produced and/or exported by Maquilacero. The Department will be accessed directly on the Internet at Disclosure http://enforcement.trade.gov/frn. The instruct CBP to apply an ad valorem The Department intends to disclose signed Issues and Decisions assessment rate of 2.43 percent to all the calculations performed for these Memorandum and electronic versions of entries of subject merchandise during final results of review within five days the Issues and Decisions Memorandum the POR which were produced and/or of the date of publication of this notice are identical in content. exported by Regiopytsa. However, for in the Federal Register, in accordance the reasons discussed in the Analysis of Comments Received with 19 CFR 351.224(b). accompanying Issues and Decisions All issues raised in the case and Final Determination of No Shipments Memorandum, the Department will rebuttal briefs by parties to this adjust the assessment rate for entries on proceeding are addressed in the Issues Lamina y Placa and Mueller reported certain entries of subject merchandise and Decision Memorandum. A list of that they made no sales of subject produced and/or exported by merchandise during the POR.11 On Maquilacero and Regiopytsa to account 7 See Memorandum, ‘‘Certain Circular Welded for the total amount of duties that would Non-Alloy Steel Pipe from Mexico: Extension of 9 We continue for these final results to treat have been collected on the two Regiomontana de Perfiles y Tubos, S.A. de C.V., and Time Limit for Final Results of Antidumping Duty companies’ full universe of U.S. sales. Administrative Review,’’ dated February 9, 2017; PYTCO, S.A. de C.V., as a single entity. See the see also Memorandum, ‘‘Certain Circular Welded Issues and Decisions Memorandum. The Department will instruct CBP to Non-Alloy Steel Pipe from Mexico: Extension of 10 For Maquilacero, we used the publicly ranged apply an ad valorem assessment rate of Time Limit for Final Results of Antidumping Duty sales value of $3,500,000; see Maquilacero Section 3.53 percent to all entries of subject Administrative Review,’’ dated May 16, 2017. A Response (Public Version) at Exhibit A–1. For merchandise during the POR which 8 See Memorandum, ‘‘Issues and Decisions Regiopytsa, we used the publicly ranged sales value Memorandum for the Final Results of the of $12,100,259; see Maquilacero Section A Antidumping Duty Administrative Review: Certain Response (Public Version) at Exhibit A–1. Mueller Letter, re: Certain Circular Welded Non- Circular Welded Non-Alloy Steel Pipe from Mexico; 11 See Lamina y Placa Letter, re: Certain Circular Alloy Steel Pipe from Mexico: Certification of No 2014–2015,’’ dated concurrently with this notice Welded Non-Alloy Steel Pipe from Mexico: Notice Shipments, dated February 9, 2016. (Issues and Decisions Memorandum). of No Sales, dated January 19, 2016. See also 12 See Preliminary Results.

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were produced and/or exported by Administrative Protective Order NW., Washington, DC 20230; telephone: Conduit, Prolamsa, or Ternium. This notice also serves as a reminder (202) 482–5518. Additionally, because the Department to parties subject to administrative SUPPLEMENTARY INFORMATION: determined that Lamina y Placa and protective orders (APO) of their Mueller had no shipments of the subject Background responsibility concerning the return or merchandise, any suspended entries On April 10, 2017, the Department of destruction of proprietary information that entered under those companies’ Commerce (the Department) published disclosed under APO in accordance case numbers (i.e., at those companies’ in the Federal Register notice of its with 19 CFR 351.305(a)(3), which rates) will be liquidated at the all-others initiation of the 2016–2017 continues to govern business rate effective during the period of administrative review of the proprietary information in this segment review consistent with the Department’s antidumping duty order on certain of the proceeding. Timely written practice.13 frozen warmwater shrimp from India.1 notification of the return/destruction of The period of review is February 1, Cash Deposit Requirements APO materials, or conversion to judicial 2016, through January 31, 2017. The following cash deposit protective order, is hereby requested. Subsequent to the publication of the requirements will be effective upon Failure to comply with the regulations initiation of this segment of the publication of the notice of final results and the terms of an APO is a proceeding in the Federal Register, we of administrative review for all sanctionable violation. identified inadvertent errors in the shipments of subject merchandise We are issuing and publishing this Initiation Notice:. entered, or withdrawn from warehouse, notice in accordance with sections • First, the Department omitted from for consumption on or after the 751(a)(1) and 777(i)(1) of the Act and 19 the Initiation Notice the following publication of the final results of this CFR 351.213(h). companies for which a review was administrative review, as provided by Dated: June 6, 2017. requested: MTR Foods; Royale Marine section 751(a)(2) of the Act: (1) The cash Ronald K. Lorentzen, Impex Pvt. Ltd.; and Sagar Foods.2 • deposit rates for Conduit, Maquilacero, Acting Assistant Secretary for Enforcement Second, we initiated the review for Prolamsa, Regiopytsa, and Ternium will and Compliance. Hindustan Lever, Ltd., a company for be the rates established in the final which no review was requested.3 results of this administrative review; (2) Appendix—List of Topics Discussed in • Third, we initiated the review on for merchandise exported by producers the Issues and Decisions Memorandum duplicate companies.4 • or exporters not covered in this I. Summary Finally, we made typographical administrative review but covered in a II. Background errors in the name of several prior segment of the proceeding, the III. Scope of the Order companies.5 cash deposit rate will continue to be the IV. Discussion of the Issues The Department is hereby correcting company-specific rate published for the Comment 1: Calculation of Billing the Initiation Notice to address these most recent period; (3) if the exporter is Adjustments errors. This correction to the notice of not a firm covered in this review, a prior Comment 2: Programming Error—Month initiation of administrative review is Matching issued and published in accordance review, or the original investigation, but Comment 3: Theoretical Versus Actual the producer is, the cash deposit rate Weight will be the rate established for the most 1 See Initiation of Antidumping and Comment 4: Accounting for, and Properly Countervailing Duty Administrative Reviews, 82 FR recent period for the producer of the Assessing, All Sales of Subject 17188 (April 10, 2017) (Initiation Notice). merchandise; and (4) the cash deposit Merchandise 2 Because the Department received timely review rate for all other producers or exporters Comment 5: Alleged Changes in Model requests for these companies, we now correct the will continue to be 32.62 percent, the Match Characteristics Initiation Notice to initiate reviews for them. all-others rate established in the Comment 6: Anomalies in Reporting of 3 The Department did not receive a review request for this company; therefore, it should not have been investigation.14 These cash deposit Wall Thickness and Pipe Size Comment 7: Continuous Entry Bonds included in the Initiation Notice. As a result, we requirements, when imposed, shall V. Recommendation now correct the Initiation Notice to remove this remain in effect until further notice. company name. [FR Doc. 2017–12187 Filed 6–12–17; 8:45 am] 4 These companies are as follows: Edhayam Notification to Importers BILLING CODE 3510–DS–P Frozen Foods Private Limited; Kadalkanny Frozen Foods; Kader Exports Private Limited; Kader This notice serves as a final reminder Investment and Trading Company Private Limited; to importers of their responsibility Kay Kay Exports (Kay Kay Foods); Liberty Frozen under 19 CFR 351.402(f)(2) to file a DEPARTMENT OF COMMERCE Foods Private Limited; Liberty Oil Mills Ltd.; Nila certificate regarding the reimbursement Sea Foods Exports; Satya Seafoods Private Limited; International Trade Administration Universal Cold Storage Private Limited; and Usha of antidumping duties prior to Seafoods. These companies were either: (1) found liquidation of the relevant entries [A–533–840] in a previous segment of this proceeding to be part during this review period. Failure to of a collapsed entity (i.e., treated as a single entity comply with this requirement could Certain Frozen Warmwater Shrimp for purposes of calculating antidumping duty rates); result in the Secretary’s presumption From India: Correction to the Initiation For (2) considered to be a name variation (i.e., ‘‘also Notice of the 2016–2017 Antidumping known as’’) of another company for which the that reimbursement of antidumping Department also received a review request. duties occurred and the subsequent Duty Administrative Review Therefore, we have removed the duplicated assessment of doubled antidumping instance of the names of these companies. AGENCY: Enforcement and Compliance, 5 duties. The following names involved typographical International Trade Administration, errors: Exporter Coreline Exports Falcon Marine Department of Commerce. Exports Limited/K.R. Enterprises, Sprint Exports 13 For a full discussion of this clarification, see Pvt. Ltd. Sri Sakkthi Cold Storage, and Amarsagar Antidumping and Countervailing Duty Proceedings: FOR FURTHER INFORMATION CONTACT: Seafoods Exports Private Limited. The correct Assessment of Antidumping Duties, 68 FR 23954 Manuel Rey, Enforcement and individual company names are Exporter Coreline (May 6, 2003). Exports, Falcon Marine Exports Limited/K.R. 14 See Final Determination of Sales at Less Than Compliance, International Trade Enterprises, Sprint Exports Pvt. Ltd., Sri Sakkthi Fair Value: Circular Welded Non-Alloy Steel Pipe Administration, U.S. Department of Cold Storage, and Amarsagar Seafoods Private from Mexico, 57 FR 42953 (September 17, 1992). Commerce, 1401 Constitution Avenue Limited.

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with sections 751(a) and 777(i)(1) of the email: [email protected], or Allan coordination and collaboration across a Tariff Act of 1930, as amended. Friedman, tel.: (202) 482–4281, email: diverse set of ecosystem stakeholders. Dated: June 8, 2017. [email protected], National As part of this effort, the Department will also host a public workshop at the Gary Taverman, Telecommunications and Information Administration, U.S. Department of National Institute of Standards and Deputy Assistant Secretary for Antidumping Technology’s National Cybersecurity and Countervailing Duty Operations. Commerce, 1401 Constitution Avenue NW., Room 4725, Washington, DC Center of Excellence on July 11–12, [FR Doc. 2017–12186 Filed 6–12–17; 8:45 am] 20230. Please direct media inquiries to 2017, entitled, ‘‘Enhancing Resilience of BILLING CODE 3510–DS–P NTIA’s Office of Public Affairs, (202) the Communications Ecosystem.’’ 482–7002, or at [email protected]. Outputs from this workshop will also help to guide implementation activities DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: related to the President’s Executive National Telecommunications and Background: The open and Order. More information about the Information Administration distributed nature of the digital workshop will be available on the NIST ecosystem has led to unprecedented Web site at: www.nist.gov. [Docket No. 170602536–7536–01] growth and innovation in the digital The Federal government has worked with stakeholders in the past to address RIN 0660–XC035 economy. However, it has been accompanied by risks that threaten to new threats as they arise. Previous Promoting Stakeholder Action Against undermine that very ecosystem. These efforts include the White House-led 4 Botnets and Other Automated Threats risks take many forms online, with Industry Botnet Group (which led to 5 different combinations of threats, an Anti-Botnet Code of Conduct ), the AGENCY: National Telecommunications vulnerabilities, and affected parties from Communications Security, Reliability and Information Administration, U.S. those in the physical world. The and Interoperability Council’s (CSRIC) Department of Commerce. reports on ISP Network Protection President has directed the Departments 6 ACTION: Notice, request for public Practices and Remediation of Server- of Commerce and Homeland Security to 7 comment. jointly lead an open and transparent Based DDoS Attacks, as well as the active and ongoing work by the process to identify and promote action SUMMARY: The National Department of Justice and its many by appropriate stakeholders to improve Telecommunications and Information partners on attacking and ‘‘sink-holing’’ the resilience of the Internet and Administration (NTIA), on behalf of the the infrastructure supporting these communications ecosystem and to Department of Commerce (Department), threats.8 These initiatives, and others encourage collaboration with the goal of is requesting comment on actions that like them, underscore the need for dramatically reducing threats can be taken to address automated and active collaboration between the public perpetrated by automated and distributed threats to the digital and private sectors. distributed attacks.1 This RFC focuses ecosystem as part of the activity The Department has played an on automated, distributed attacks that directed by the President in Executive important role in facilitating affect large sets of victims, and that put Order 13800, ‘‘Strengthening the engagement around cybersecurity the broader network and its users at Cybersecurity of Federal Networks and between public policy interests and the risk. These types of attacks have been a Critical Infrastructure.’’ Through this innovative force of the private sector. concern since the early days of the Request for Comments (RFC), NTIA The Department was tasked to work Internet,2 and were a regular occurrence seeks broad input from all interested with industry to develop a framework by the early 2000s.3 Automated and stakeholders—including private distributed attacks, particularly botnets 4 industry, academia, civil society, and U.S. Dep’t of Commerce, White House due to their ability to facilitate high- Announces Public-Private Partnership Initiatives to other security experts—on ways to impact disruption, form a threat that is Combat Botnets (May 30, 2012), http://2010- improve industry’s ability to reduce bigger than any one company or sector. 2014.commerce.gov/news/press-releases/2012/05/ threats perpetuated by automated 30/white-house-announces-public-private- Botnets are used for a variety of distributed attacks, such as botnets, and partnership-initiatives-combat-b.html. malicious activities, but distributed 5 what role, if any, the U.S. Government Working Group 7—Botnet Remediation, denial of service (DDoS) attacks, which Communications Security, Reliability and should play in this area. can overwhelm other networked Interoperability Council III, Final Report, U.S. Anti- DATES: Comments are due on or before Bot Code of Conduct (ABC) for Internet Services resources, are a critical threat and Providers (ISPs), Barrier and Metric Considerations 5 p.m. Eastern Time on July 13, 2017. developing collaborative solutions to (Mar. 2013), https://transition.fcc.gov/bureaus/ ADDRESSES: Written comments may be prevent and mitigate these attacks is a pshs/advisory/csric3/CSRIC_III_WG7_Report_ _ submitted by email to counter_botnet_ priority. As new scenarios emerge, March %202013.pdf. 6 Working Group 8, Communications Security, [email protected]. Written comments including those exploiting a new Reliability and Interoperability Council I, Final also may be submitted by mail to the generation of connected devices (so Report, Internet Service Provider (ISP) Network National Telecommunications and called ‘‘Internet of Things’’ (IoT) Protection Practices (Dec. 2010), http:// Information Administration, U.S. devices), there is an urgent need for transition.fcc.gov/pshs/docs/csric/CSRIC_WG8_ FINAL_REPORT_ISP_NETWORK_PROTECTION_ Department of Commerce, 1401 20101213.pdf. Constitution Avenue NW., Room 4725, 1 Strengthening the Cybersecurity of Federal 7 Working Group 5, Communications Security, Attn: Evelyn L. Remaley, Deputy Networks and Critical Infrastructure, Exec. Order Reliability and Interoperability Council IV Working Associate Administrator, Washington, 13800, 82 FR 22391 (May 11, 2017). Group 5, Final Report, Remediation of Server-Based DC 20230. For more detailed 2 See generally United States v. Morris, 928 F.2d DDoS Attacks (Sept. 2014), https:// 504 (2d Cir. 1991) (discussing one of the first transition.fcc.gov/pshs/advisory/csric4/CSRIC_IV_ instructions about submitting known computer worms to spread across the WG5_Remediation_of_Server-Based_DDoS_ comments, see the ‘‘Instructions for Internet). Attacks_Report_Final_(pdf)_V11.pdf. Commenters’’ section of SUPPLEMENTARY 3 See Nicholas C. Weaver, Warhol Worms: The 8 See, e.g., U.S. Dep’t of Justice, Avalanche INFORMATION. Potential for Very Fast Internet Plagues, Int’l Network Dismantled in International Cyber Computer Science Inst. (Aug. 15, 2001), http:// Operation (Dec. 5, 2016), https://www.justice.gov/ FOR FURTHER INFORMATION CONTACT: www1.icsi.berkeley.edu/∼nweaver/papers/warhol/ opa/pr/avalanche-network-dismantled- Megan Doscher, tel.: (202) 482–2503, warhol.html. international-cyber-operation.

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for use by U.S. critical infrastructure to targeted a Domain Name System (DNS) • Attack Mitigation: Minimizing the improve cybersecurity practices,9 service that was a commonly used impact of botnet behavior by rapidly leading to NIST’s Cybersecurity component in many DDoS mitigation identifying and disrupting malicious Framework.10 Other initiatives include strategies.16 This attack also highlighted behaviors, including the potential of Green Papers developed by the the growing insecurities in—and threats filtering or coordinated network Department built on industry input on from—consumer-grade IoT devices. As a management, empowering market actors cybersecurity 11 and IoT.12 NTIA has new technology, IoT devices are often to better protect potential targets, and also convened multistakeholder built and deployed without important reducing known and emerging risks. processes to identify consensus-based security features and practices in • Endpoint Prevention: Securing voluntary solutions on security place.17 The issue is not the particular endpoints, especially IoT devices, and vulnerability disclosure 13 and IoT botnet, or the particular target, but the reducing vulnerabilities, including security patching and upgradability.14 risks posed by botnets of this size and fostering prompt adoption of secure The private sector is also playing a scope, and the expected innovation and development practices, developing key role in tackling botnets. Internet increased scale and sophistication of practical plans to rapidly deal with service providers in the United States future attacks. Meanwhile, old threats newly discovered vulnerabilities, and and around the world have been continue to evolve. The WannaCry supporting adoption of new technology experimenting with how to notify ransomware that threatened to destroy to better control and safeguard devices customers that their devices may be the data of thousands of individuals and at the local network level. involved in an attack. Standards bodies organizations, including hospitals, did Respondents are invited to respond to have offered guidance on how to not initially involve a botnet. It was some or all of the questions below: mitigate some styles of attacks.15 spread by a worm-like mechanism 1. What works: What approaches (e.g., Technology providers are innovating similar to attacks of 15 years ago. laws, policies, standards, practices, around tools to protect resources from However, criminals were later observed technologies) work well for dealing with DDoS attacks. Application and software using the Mirai botnet to attack a key automated and distributed threats manufacturers are working to eliminate defense against the WannaCry today? What mechanisms for exploitable vulnerabilities. This ransomware.18 cooperation with other organizations, community has worked hard to address It is difficult to predict what the next either before or during an event, are the threats over the last decade. significant attack vector will be, but that already occurring? The cybersecurity challenge is should not preclude taking steps to 2. Gaps: What are the gaps in the particularly vexing because it involves mitigate the potential impact of those existing approaches to dealing with adaptive adversaries. Existing tools, that are known. Left unchecked, without automated and distributed threats? institutions, and initiatives are critical, meaningful progress, these new classes What no longer works? What are the but we must acknowledge that the threat of automated and distributed attacks impediments to closing those gaps? continues to evolve, and more progress could be a serious risk to the entire What are the obstacles to collaboration is needed, at an accelerated rate, to ecosystem. Since poorly considered across the ecosystems? address the current landscape. The 3. Addressing the problem: What action would likely create significant DDoS attacks launched from the Mirai laws, policies, standards, practices, unnecessary costs and unintended botnet in the fall of 2016, for example, technologies, and other investments will consequences, substantial, carefully reached a level of sustained traffic that have a tangible impact on reducing risks considered action must be considered, overwhelmed many common DDoS and harms of botnets? What tangible and it is most likely to be effective and mitigation tools and services, and even steps to reduce risks and harms of efficient if built on engagement from all botnets can be taken in the near term? stakeholders across the ecosystem. 9 Improving Critical Infrastructure Cybersecurity, What emerging or long term approaches Exec. Order 13636, 78 FR 11737 (Feb. 12, 2013). Request for Comments may be promising with more attention, 10 National Institute of Standards and Technology, Framework for Improving Critical The goal of this RFC is to solicit research, and investment? What are the Infrastructure Cybersecurity (Feb. 12, 2014), https:// informed suggestions and feedback on public policy implications of the www.nist.gov/sites/default/files/documents/ various approaches? How might these cyberframework/cybersecurity-framework- current, emerging, and potential approaches for dealing with botnets and be managed, balanced, or minimized? 021214.pdf. 4. Governance and collaboration: 11 Internet Policy Task Force, U.S. Dep’t of other automated, distributed threats and What stakeholders should be involved Commerce, Cybersecurity, Innovation and the their impact. The Department is Internet Economy (June 2011), https:// in developing and executing policies, interested in comments that address all www.nist.gov/sites/default/files/documents/itl/ standards, practices, and technologies? _ _ aspects of this issue, but particularly Cybersecurity Green-Paper FinalVersion.pdf. What roles should they play? How can 12 Internet Policy Task Force & Digital Economy those that address two broad approaches stakeholders collaborate across roles Leadership Team, U.S. Dep’t of Commerce, where substantial progress can be made: Fostering the Advancement of the Internet of Things and sectors, and what should this (Jan. 2017), https://www.ntia.doc.gov/files/ntia/ collaboration look like, in practical _ _ _ 16 publications/iot green paper 01122017.pdf. U.S. Computer Emergency Readiness Team, terms? 13 NTIA, Multistakeholder Process: Cybersecurity Alert (TA16–288A): Heightened DDoS Threat Posed Vulnerabilities, https://www.ntia.doc.gov/other- by Mirai and Other Botnets, https://www.us- 5. Policy and the role of government: publication/2016/multistakeholder-process- cert.gov/ncas/alerts/TA16-288A (last revised Nov. What specific roles should the Federal cybersecurity-vulnerabilities (last visited May 17, 30, 2016). government play? What incentives or 2017). 17 National Security Telecommunications other public policies can drive change? 14 NTIA, Multistakeholder Process: Internet of Advisory Committee, Report to the President on the 6. International: How does the Things (IoT) Security Upgradability and Patching, Internet of Things (Nov. 19, 2014), https:// https://www.ntia.doc.gov/other-publication/2016/ www.dhs.gov/sites/default/files/publications/ inherently global nature of the Internet multistakeholder-process-iot-security (last visited NSTAC%20Report%20to%20the%20President and the digital supply chain affect how May 17, 2017). %20on%20the%20Internet%20of%20Things we should approach this problem? How 15 See, e.g., P. Ferguson & D. Senie, Network %20Nov%202014%20%28updat%20%20%20.pdf. can solutions explicitly address the Ingress Filtering: Defeating Denial of Service 18 See Andy Greenberg, Hackers are Trying to Attacks Which Employ IP Source Address Spoofing, Reignite Wannacry with Nonstop Botnet Attacks, international aspects of this issue? Internet Engineering Task Force (May 2010), Wired (May 19, 2017), https://www.wired.com/ 7. Users: What can be done to educate https://www.ietf.org/rfc/rfc2827.txt. 2017/05/wannacry-ransomware-ddos-attack/. and empower users and decision-

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makers, including enterprises and end FOR FURTHER INFORMATION CONTACT: also includes requirements governing consumers? Eileen T. Flaherty, Director, (202) 418– the manner and timing by which the Instructions for Commenters: NTIA 5326, [email protected]; Frank two agencies must act after the receipt invites comment on the full range of Fisanich, Chief Counsel, (202) 418– of a complete submission under the issues that may be presented by this 5949, [email protected]; or Jacob rule, if they determine to issue such inquiry, including issues that are not Chachkin, Special Counsel, (202) 418– joint interpretation. In addition, specifically raised in the above 5496, [email protected], Division of paragraph (e)(5) of Commission questions. Commenters are encouraged Swap Dealer and Intermediary regulation 1.8 provides that ‘‘[i]f the to address any or all of the above Oversight, Commodity Futures Trading Commission and the [SEC] do not issue questions. Comments that contain Commission, 1155 21st Street NW., a joint interpretation within the time references to studies, research, and Washington, DC 20581. period described in paragraph (e)(1) or other empirical data that are not widely SUPPLEMENTARY INFORMATION: (e)(3) [of the rule], each of the published should include copies of the Commission and the [SEC] shall referenced materials with the submitted Statement publicly provide the reasons for not comments. On February 7, 2017, Commission issuing such a joint interpretation Comments submitted by email should staff received a letter from Breakaway 6 be machine-readable and should not be Courier Corporation (‘‘Breakaway’’), within the applicable timeframes.’’ copy-protected. Comments submitted by through its counsel, requesting a joint Pursuant to paragraph (e)(5) of mail may be in hard copy (paper) or interpretation from the Commission and Commission regulation 1.8, the electronic (on CD–ROM or disk). the Securities and Exchange Commission is declining to issue a joint Responders should include the name of Commission (‘‘SEC’’, and, together with interpretation with the SEC in the person or organization filing the the Commission, the ‘‘Commissions’’) connection with Breakaway’s request.7 comment, as well as a page number on pursuant to Commission regulation 1.8 The Commission understands that the each page of their submissions. All as to whether a particular agreement is status of the RPAs is already subject to comments received are a part of the a swap, security-based swap, or mixed ongoing private litigation and that the public record and will generally be swap.1 Breakaway’s request relates to a petitioners’ request may bear directly on posted on the NTIA Web site, https:// contract labeled as a Reinsurance that litigation. We believe that the www.ntia.doc.gov, without change. All Participation Agreement (‘‘RPA’’), Commission regulation 1.8 process is personal identifying information (for which it has previously executed with not an appropriate vehicle for litigants example, name, address) voluntarily Applied Underwriters Captive Risk such as Breakaway to obtain the views submitted by the commenter may be Assurance Company, Inc. (‘‘AUCRA’’).2 of the Commission in connection with publicly accessible. Do not submit According to Breakaway’s submission, it issues in ongoing litigation, and we confidential business information or entered into two RPAs with AUCRA, therefore decline Breakaway’s request otherwise sensitive or protected one of which has a stated effective date information. NTIA will accept of July 1, 2009, and the other of July 1, that we state an interpretive position as anonymous comments. 2012. to the proper characterization of the RPAs.8 Dated: June 8, 2017. The Commission and the SEC jointly Leonard Bechtel, adopted Commission regulation 1.8 and Issued in Washington, DC, on June 7, 2017, Chief Financial Officer and Director of Securities Exchange Act of 1934 by the Commission. 3 Administration, Performing the Non- (‘‘Exchange Act’’) Rule 3a68–2 in Christopher J. Kirkpatrick, 4 Exclusive Duties of the Assistant Secretary 2012 pursuant to Section 712(d)(4) of Secretary of the Commission. for Communications and Information, the Dodd-Frank Wall Street Reform and National Telecommunications and Consumer Protection Act (‘‘Dodd-Frank Note: The following appendix will not Information Administration. Act’’).5 The rules established a process appear in the Code of Federal Regulations. [FR Doc. 2017–12192 Filed 6–12–17; 8:45 am] for parties to request a joint BILLING CODE 3510–60–P interpretation as to whether a particular agreement, contract, or transaction (or 6 Paragraph (e)(5) of SEC Rule 3a68–2 contains identical language (other than reversing the class thereof) is a swap, security-based references to the two commissions). See 17 CFR COMMODITY FUTURES TRADING swap, or mixed swap. Among other 240.3a68–2. COMMISSION things, the rules set forth the 7 Commission staff has consulted and coordinated information required to be included in with SEC staff and understands that the SEC will Commission Statement Concerning a a request and a process for withdrawing be issuing a separate statement on this matter. Request for an Interpretation as to a request. Commission regulation 1.8 8 As we and the SEC explained when we jointly adopted Commission regulation 1.8 in 2012 (as well Whether a Particular Agreement Is a as the corresponding rule under the Exchange Act), 1 Swap, Security-Based Swap, or Mixed See 17 CFR 1.8. the purpose of Commission regulation 1.8 is to Swap 2 A copy of Breakaway’s submission may be ‘‘afford market participants with the opportunity to found at: http://www.cftc.gov/LawRegulation/ obtain greater certainty from the Commissions AGENCY: Commodity Futures Trading DoddFrankAct/Dodd-FrankFinalRules/index.htm. regarding the regulatory status of particular Title VII Commission. 3 15 U.S.C. 78 et seq. instruments under the Dodd-Frank Act. This 4 See Further Definition of ‘‘Swap,’’ ‘‘Security- provision should decrease the possibility that ACTION: Commission statement. Based Swap,’’ and ‘‘Security-Based Swap market participants inadvertently might fail to meet Agreement’’; Mixed Swaps; Security-Based Swap the regulatory requirements applicable to a SUMMARY: The Commodity Futures Agreement Recordkeeping, 77 FR 48207 (Aug. 13, particular Title VII instrument.’’ See Product Trading Commission (the 2012) (‘‘Product Definitions Adopting Release’’). Definitions Adopting Release, 77 FR at 48295. We ‘‘Commission’’) is publishing this 5 See Dodd-Frank Act, Public Law 111–203, 124 and the SEC also noted our belief that ‘‘it is statement concerning a request for an Stat. 1376 (2010). All references to ‘‘Title VII’’ in essential that the characterization of an instrument this statement shall refer to Title VII of the Dodd- be established prior to any party engaging in the interpretation as to whether a particular Frank Act, which established a comprehensive new transactions so that the appropriate regulatory agreement is a swap, security-based regulatory framework for swaps and security-based schemes apply.’’ See Product Definitions Adopting swap, or mixed swap. swaps. Release, 77 FR at 48297.

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Appendix to Commission Statement presentation, please send an email, call, highest-priority consumer product Concerning a Request Made Pursuant to or write Todd A. Stevenson, Office of safety risks; (2) continuing to support Commission Regulation 1.8— the Secretary, U.S. Consumer Product import surveillance by incrementally Commission Voting Summary Safety Commission, 4330 East-West developing the Risk Assessment Methodology (RAM) system to identify On this matter, Acting Chairman Giancarlo Highway, Bethesda, MD 20814; email: and Commissioner Bowen voted in the [email protected]; telephone: (301) 504– and stop noncompliant imported affirmative. No Commissioner voted in the 7923; facsimile: (301) 504–0127. An products from entering the U.S. negative. electronic copy of the CPSC’s budget marketplace; (3) emphasizing outreach [FR Doc. 2017–12141 Filed 6–12–17; 8:45 am] request for fiscal year 2018 and the and education by engaging all stakeholders through forums and BILLING CODE 6351–01–P CPSC’s 2016–2020 Strategic Plan can be found at: www.cpsc.gov/about-cpsc/ workshops; and (4) expanding the agency-reports/performance-and- sources and types of data analysis used budget. to identify and assess product safety CONSUMER PRODUCT SAFETY risks and inform compliance decisions. SUPPLEMENTARY INFORMATION: COMMISSION The Commission requests comments on Commission Agenda and Priorities; I. Background the priorities as presented in the FY 2018 Budget Request. The CPSC’s Notice of Hearing Section 4(j) of the Consumer Product Budget Request for fiscal year 2018 can Safety Act (CPSA) (15 U.S.C. 2053(j)) AGENCY: U.S. Consumer Product Safety be found at: www.cpsc.gov/about-cpsc/ requires the Commission to establish an Commission. agency-reports/performance-and- agenda for action under the laws the budget. The Commission also requests ACTION: Notice of public hearing. Commission administers, and to the comments on whether the Commission extent feasible, select priorities for SUMMARY: The U.S. Consumer Product should consider making any changes or action at least 30 days before the Safety Commission (Commission) will adjustments to the agency’s proposed or beginning of each fiscal year. Section conduct a public hearing to receive ongoing safety standards activities, 4(j) of the CPSA provides further that views from all interested parties about regulation and enforcement efforts in before establishing its agenda and the Commission’s agenda and priorities fiscal years 2018 and 2019, keeping in priorities, the Commission conduct a for fiscal year 2018, which begins on mind the CPSC’s existing policy on public hearing and provide an October 1, 2017, and for fiscal year establishing priorities for Commission opportunity for the submission of 2019, which begins on October 1, 2018. action (16 CFR 1009.8). Comments are comments. We invite members of the public to welcome on whether particular action participate. Written comments and oral II. Oral Presentations and Submission items should be higher priority than presentations concerning the of Written Comments others, should not be included, or Commission’s agenda and priorities for The Commission is in the process of should be added to the fiscal year 2018 fiscal years 2018 and 2019 will become preparing the agency’s fiscal year 2018 and/or fiscal year 2019 agendas. part of the public record. Operating Plan and fiscal year 2019 Persons who desire to make oral DATES: The hearing will begin at 10 a.m. Congressional Budget Request. Fiscal presentations at the hearing on July 26, on July 26, 2017, and will conclude the year 2018 begins on October 1, 2017, 2017 should send an email, call, or same day. Requests to make oral and fiscal year 2019 begins on October write Todd A. Stevenson, Office of the presentations and the written text of any 1, 2018. Through this notice, the Secretary, U.S. Consumer Product oral presentations must be received by Commission invites the public to Safety Commission, 4330 East-West the Office of the Secretary not later than comment on the following questions: Highway, Bethesda, MD 20814; email: 5 p.m. Eastern Daylight Time (EDT) on 1. What are the priorities the [email protected]; telephone: (301) 504– July 12, 2017. The Commission will Commission should consider 7923; facsimile (301) 504–0127 not later accept written comments as well. These emphasizing and dedicating resources than 5 p.m. EDT on July 12, 2017. also must be received by the Office of toward in the fiscal year 2018 Operating Requests to make oral presentations and the Secretary not later than 5 p.m. EDT Plan and/or the fiscal year 2019 texts of the presentation must be on July 12, 2017. Congressional Budget Request? received not later than 5 p.m. EDT on ADDRESSES: The hearing will be in the 2. What activities should the July 12, 2017. Presentations should be Hearing Room, 4th Floor of the Bethesda Commission consider deemphasizing in limited to approximately 10 minutes. Towers Building, 4330 East-West the fiscal year 2018 Operating Plan and/ The Commission reserves the right to Highway, Bethesda, MD 20814. or the fiscal year 2019 Congressional impose further time limitations on all Requests to make oral presentations, Budget Request? presentations and further restrictions to and texts of oral presentations and 3. What retrospective review of rules avoid duplication of presentations. If you do not want to make an oral written comments should be captioned, should the Commission consider in the presentation, but would like to provide ‘‘Agenda and Priorities FY 2018 and/or fiscal year 2018 Operating Plan and/or written comments, you may do so. 2019,’’ and sent by electronic mail the fiscal year 2019 Congressional Please submit written comments in the (email) to: [email protected], or mailed Budget Request, consistent with the manner described in the previous or delivered to the Office of the Plan for Retrospective Review of paragraph. Written comments must be Secretary, U.S. Consumer Product Existing Rules adopted by the received no later than 5 p.m. EDT on Safety Commission, 4330 East-West Commission on April 1, 2016? July 12, 2017. Highway, Bethesda, MD 20814. 4. The CPSC’s programs will align Requests and written comments must be with the strategic goals outlined in the Dated: June 7, 2017. received no later than 5 p.m. EDT on CPSC’s 2016- 2020 Strategic Plan. The Todd A. Stevenson, July 12, 2017. CPSC’s fiscal year 2018 Budget Request, Secretary, U.S. Consumer Product Safety FOR FURTHER INFORMATION CONTACT: For submitted to Congress on May 23, 2017, Commission. information about the hearing, or to is based on four agency priorities: (1) [FR Doc. 2017–12069 Filed 6–12–17; 8:45 am] request an opportunity to make an oral Focusing the agency’s resources on the BILLING CODE 6355–01–P

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CONSUMER PRODUCT SAFETY The CPSC continually strives to Dated: June 8, 2017. COMMISSION enhance the effectiveness of recalls. In Todd A. Stevenson, furtherance of this goal, CPSC will hold [Docket No. CPSC–2017–0027 ] Secretary, U.S. Consumer Product Safety a workshop to engage stakeholders to Commission. CPSC Workshop on Recall explore ideas for improving the [FR Doc. 2017–12185 Filed 6–12–17; 8:45 am] effectiveness of recalls. Effectiveness BILLING CODE 6355–01–P AGENCY: Consumer Product Safety II. The Workshop Commission. The goal of the workshop is to explore and develop proactive measures CPSC ACTION: Announcement of meeting. DEPARTMENT OF DEFENSE and stakeholders can take to improve SUMMARY: The Consumer Product Safety recall effectiveness, i.e. the effective Department of the Air Force Commission (CPSC, Commission, or we) implementation of recalls from public staff is holding a workshop on potential announcement to product correction. Acceptance of Group Application ways to improve the effectiveness of We have identified some broad topics consumer product recalls. We invite for discussion, but would also like to AGENCY: SAF/MRBB, Department of the interested parties to attend the include topics that stakeholders believe Air Force, DOD. workshop. would be beneficial to discuss. The DATES: The workshop will be held from workshop will have a group discussion ACTION: Notice. 10 a.m. to 3 p.m. on July 25, 2017. of what makes an effective recall, how Individuals interested in attending the to measure success, as well as some SUMMARY: Under the provisions workshop should register by July 3, common obstacles. We will then break specified in the SUPPLEMENTARY 2017. Suggestions for additional topics out into smaller groups for discussion of INFORMATION section of this notice, the for the workshop should be submitted topics such as: Department of Defense Civilian/Military by June 23, 2017. • Communicating the hazard Service Review Board has accepted an ADDRESSES: The workshop will be held D challenges application on behalf of a group known in the Hearing Room at CPSC’s D possibility of different approaches as ‘‘NCIS Special Agents Who Were headquarters at: 4330 East West for different demographics Assigned to the Middle East Field Office Highway, Bethesda, MD 20814. There is D evaluation of various in Bahrain in Direct Support of the no charge to attend the workshop. communication channels CTF–151 Counter-Piracy Mission.’’ Persons interested in attending the D Statutory/regulatory framework and DATES: workshop should register online at: enhanced authorities Persons with information or https://cpsc.gov/content/cpsc- • Consumer motivation documentation pertinent to the workshop-on-recall-effectiveness. D incentives determination of whether service of this If you have suggestions for additional D ways to improve consumers’ group should be considered active topics for the workshop, please submit motivation to participate in recalls military service to the Armed Forces of them to [email protected] by June 23, D challenges the United States are encouraged to 2017. • In-store notification submit such information or FOR FURTHER INFORMATION CONTACT: D types available documentation within 60 days from Joseph Williams, Compliance Officer, D barriers to effectiveness June 13, 2017 to the DoD Civilian/ Office of Compliance and Field D ways to improve effectiveness Military Service Review Board (DoD • Operations, Consumer Product Safety Social media C/MSRB) address specified in the Commission, 4330 East-West Highway, D current popular platforms ADDRESSES section of this notice. D increasing effectiveness of posts Bethesda, MD 20814; telephone 301– ADDRESSES: DoD Civilian/Military 504–7585; email: [email protected]. about recalls D Service Review Board (DoD C/MSRB), SUPPLEMENTARY INFORMATION: barriers to effective use D use of paid advertising on social 1500 West Perimeter Road, Suite 3700, I. Background media Joint Base Andrews NAF, MD 20762– 7002. The Consumer Product Safety • Other forms of notice (push notifications, email, paid Commission (CPSC) has the authority to FOR FURTHER INFORMATION CONTACT: Mr. require corrective actions, also called advertising, direct mail, etc.) Thomas R. Uiselt, Deputy Executive D possible types of notification ‘‘recalls,’’ of consumer products that Secretary, DoD C/MSRB, at (240) 612– D what makes them effective present a substantial product hazard. 15 5409, [email protected]. D barriers to effectiveness U.S.C. 2064(c). Most recalls of consumer Copies of documents or other materials D how to create direct mailing lists/ products are conducted voluntarily by submitted cannot be returned. firms that work with the CPSC to registrations develop a corrective action plan that D targeted notices (e.g., posters at SUPPLEMENTARY INFORMATION: The will protect the public from potentially pediatricians, community centers) Department of Defense Civilian/Military unsafe products. Recalls generally If you would like to suggest topics for Service Review Board accepted the include notice to the public and some discussion, please submit them as application under the provisions of remedial measure, such as repair or indicated in the ADDRESSES section of Section 401, Public Law 95–202 and replacement of the product or refund to this document by June 23, 2017. DoD Directive 100.20. the purchaser. The CPSC’s regulations at We anticipate that, after the 16 CFR 1115.20 and its Recall workshop, staff will (1) develop a list of Henry Williams, Handbook, https://www.cpsc.gov/s3fs- suggestions and ideas from stakeholders Acting Air Force Federal Register, Liaison public/8002.pdf, provide information that we will share; and (2) create a Officer. about working with CPSC to conduct summary report on key findings and [FR Doc. 2017–12174 Filed 6–12–17; 8:45 am] recalls. suggestions for follow up. BILLING CODE 5001–10–P

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DEPARTMENT OF EDUCATION and workforce development and CTE declines in many CTE teacher have emerged as a strong priority—the preparation programs,8 and teacher Applications for New Awards; High second most popular education topic salaries that cannot compete with School Career and Technical mentioned in Governors’ State of the private industry salaries in high-tech Education Teacher Pathway Initiative State addresses, after school financing.2 fields.9 In addition, while the need for CTE AGENCY: Office of Career, Technical, and Several States are working to increase programming aligned to labor market Adult Education, Department of the number of CTE teachers, including demands is high,3 many States and local Education. through changes to laws and school districts are reporting significant ACTION: Notice. regulations. A majority of States have shortages of CTE teachers. Data reported implemented alternative certification to the Department of Education in 2016, SUMMARY: The Department of Education requirements for individuals seeking to for example, show that 32 States are 10 is issuing a notice inviting applications 4 become CTE teachers. States often for new awards for fiscal year (FY) 2017 experiencing shortages of CTE teachers. grant short-term licenses to new for the High School Career and In response to the 2011–2012 Schools teachers who have achieved a certain Technical Education Teacher Pathway and Staffing Survey administered by the education level, attained a requisite National Center for Education Statistics Initiative, Catalog of Federal Domestic number of hours of work experience in (NCES), 57 percent of public high Assistance (CFDA) number 84.051D. the technical field, and hold industry schools with CTE teacher vacancies certifications in their fields.11 Most DATES: reported that CTE teacher vacancies alternatively certified CTE teachers still Applications Available: June 13, 2017. were difficult to fill, while only 39 receive teacher preparation, either Deadline for Notice of Intent to Apply: percent of public high schools with through formal coursework or July 13, 2017. vacancies in any academic field professional development, before they Date of Pre-Application Webinar: For reported having difficulty filling such receive full certification.12 Some States information about a pre-application vacancies.5 webinar, visit the Perkins Collaborative Several factors contribute to overall have recently revised licensure Resource Network (PCRN) at http:// teacher shortages in many States and requirements that grant provisional cte.ed.gov/. communities, including a decline in teaching licenses to CTE applicants Deadline for Transmittal of teacher preparation program without the requirement of a four-year 13 Applications: July 28, 2017. enrollments, increasing student college degree. In these pathways, Deadline for Intergovernmental enrollments, and high teacher attrition teachers may move up to longer-term Review: September 26, 2017. rates.6 Other factors are more specific to teaching licenses through training and FOR FURTHER INFORMATION CONTACT: the CTE teacher shortage, such as experience. Several States also report Laura Messenger, U.S. Department of increased student demand for CTE having policies that certify industry Education, 400 Maryland Avenue SW., programming in some occupational experts to teach CTE courses part-time, Potomac Center Plaza (PCP), Room areas, an increased State focus on CTE similar to an adjunct faculty position at 11028, Washington, DC 20202–7241. as a mechanism for teaching key the postsecondary level.14 Some Telephone: (202) 245–7840 or by fax at competencies and skills as part of an (202) 245–7170. integrated science, technology 8 Fletcher Jr., E., Gordon, H., Asunda, P., Zirkle, C. ‘‘A 2015 Status Study of Career and Technical 7 If you use a telecommunications engineering and math (STEM) strategy, Education Programs in the United States.’’ Career device for the deaf (TDD) or a text and Technical Education Research, Volume 40, telephone (TTY), call the Federal Relay 2 Rafa, A., and Rogowski, D. ‘‘Governors’ Top Number 3, December 2015. www.tandfonline.com/ Service (FRS), toll free, at 1–800–877– Education Priorities: 2017 State of the State doi/full/10.1080/0161956X.2017.1302219191- 8339. addresses.’’ Education Commission of the States, 211(21). March 2017. www.ecs.org/ec-content/uploads/ 9 Fensterwald, J. ‘‘Supply Lags Booming Demand SUPPLEMENTARY INFORMATION: Governors%E2%80%99-Top-Education-Priorities- for Career Technical Teachers.’’ Ed Source, April 2017-State-of-the-State-addresses.pdf. 28, 2016. edsource.org/2016/supply-lags-booming- Full Text of Announcement 3 See, e.g., Georgia High-Demand Initiative. demand-for-career-technical-teachers/563476. www.georgia.org/competitive-advantages/ 10 ‘‘The State of Career and Technical Education: I. Funding Opportunity Description workforce-division/programs-initiatives/high- Increasing Access to Industry Experts in High demand-career-initiative-hdci/; Ohio In-Demand Schools.’’ Advance CTE, The Council of Chief State Purpose of Program Jobs Reports. workforce.ohio.gov/Initiatives/ School Officers, December 2016. InDemandJobs.aspx. www.careertech.org/resource/state-of-cte- The purpose of the High School 4 U.S. Department of Education, Office of increasing-access-to-industry-experts. Career and Technical Education (CTE) Postsecondary Education. Teacher Shortage Areas: 11 Bonsu, P., et al. ‘‘Career and Technical Nationwide Listing: 1990–1991 through 2015–2016, Teacher Pathway Initiative is to improve Education Teacher Licensure Requirements: 50 March 2015. www2.ed.gov/about/offices/list/ope/ CTE programs assisted under the Carl D. States and the District of Columbia,’’ American pol/tsa.pdf. Perkins Career and Technical Education 5 Institutes for Research, June 2013, U.S. Department of Education, Office of Career, www.careertech.org/resource/CTE-teacher- Act of 2006 (the Perkins Act) by Technical, and Adult Education. Career and licensure-requirements. increasing the supply of high school Technical Education Teachers and Schools: Results 12 ‘‘The State of Career and Technical Education: CTE teachers available to teach students from the 2011–12 Schools and Staffing Survey, Washington, DC, Forthcoming. Increasing Access to Industry Experts in High Schools.’’ Advance CTE, The Council of Chief State in CTE programs that align to In- 6 Sutcher, L., Darling-Hammond, L., & Carver- Demand Industry Sectors or Thomas, D. ‘‘A Coming Crisis in Teaching? Teacher School Officers, December 2016. Occupations 1 in States and Supply, Demand, and Shortages in the U.S.’’ www.careertech.org/resource/state-of-cte- increasing-access-to-industry-experts. communities where shortages of such Learning Policy Institute, December 2016. learningpolicyinstitute.org/sites/default/files/ 13 Quinton, S. ‘‘States want more career and teachers exist. product-files/A_Coming_Crisis_in_Teaching_ technical training, but struggle to find teachers.’’ Stateline, April 9, 2017. www.pbs.org/newshour/ Background REPORT.pdf. 7 See, e.g., Georgia High-Demand Initiative. rundown/states-want-career-technical-training- Forty-two Governors have delivered www.georgia.org/competitive-advantages/ struggle-find-teachers/. workforce-division/programs-initiatives/high- 14 ‘‘The State of Career and Technical Education: their 2017 State of the State addresses, demand-career-initiative-hdci/; Tennessee Increasing Access to Industry Experts in High Department of Education STEM Strategic Plan. Schools.’’ Advance CTE, The Council of Chief State 1 Throughout this notice, all defined terms are https://tn.gov/assets/entities/education/ School Officers, December 2016. denoted with initial capitals. attachments/ccte_stem_strategic_plan.pdf. Continued

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districts and States are pursuing rural and smaller communities in The Secretary is particularly partnerships between colleges with addressing the CTE teacher shortage.18 interested in receiving applications that teacher preparation programs and If left unaddressed, the high school propose a state-wide or regional technical colleges to ensure a seamless, CTE teacher shortage will limit State approach to increasing the supply and within-State pipeline for certified CTE and local capacity to deliver CTE quality of high school CTE teachers in teachers.15 programs for In-demand Industry In-demand Industry Sectors or Some school districts facing shortages Sectors or Occupations. Through this Occupations in LEAs that are eligible for of CTE teachers are considering new competition, under the Secretary’s assistance under the Small Rural School pipelines to hire and retain CTE authority in section 114(c) of the Achievement (SRSA) program or the teachers. For example, one large, urban Perkins Act to carry out capacity Rural and Low-Income School (RLIS) school district has identified teachers building and provide technical program authorized under Title VI, Part who had worked in industry and are assistance to Perkins grantees with B of the Elementary and Secondary interested in a CTE credential. Other regard to the CTE programs under the Education Act of 1965, as amended. districts, through partnerships with Perkins Act, the Secretary will support Note: Eligible applicants may determine local industry and local government State and local efforts to increase the whether a particular LEA is eligible for these agencies, are offering teachers interested supply and quality of high school CTE programs by referring to information on the in earning a CTE credential the teachers in In-Demand Industry Sectors Department’s Web site at www2.ed.gov/nclb/ opportunity to earn the required 1,000 or Occupations in States and freedom/local/reap.html. hours of industry experience during the communities where such shortages Requirements: We are establishing the school day and through paid summer exist. following three application externships.16 Priorities: This notice contains one requirements and three program Some districts across the country are absolute priority and one invitational requirements for the FY 2017 grant utilizing more strategic hiring practices, priority. We are establishing the competition and any subsequent year in offering signing bonuses and traveling absolute priority for the FY 2017 grant which we make awards from the list of out of State to recruit teachers. Through competition and any subsequent year in unfunded applications from this local partnerships, some communities which we make awards from the list of competition, in accordance with section with a high cost of living are offering unfunded applications from this 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). housing as a means to attract new competition, in accordance with section The application requirements are: teachers.17 In addition, persons with 437(d)(1) of the General Education (1) Each applicant must identify the disabilities, including military veterans Provisions Act (GEPA), 20 U.S.C. category under which the applicant with service-connected disabilities, offer 1232(d)(1). meets the eligibility requirements set an often overlooked talent pool that can Absolute Priority: The following forth under Eligible Applicants in be tapped to address teacher shortages. priority is an absolute priority. Under 34 section III of this notice and provide an For example, individuals who are CFR 75.105(c)(3) we consider only assurance from the authorizing unable to continue to work in a trade or applications that meet this absolute representative that the applicant is an profession due to a disability may excel priority. eligible applicant. at sharing their technical skills with This priority is: (2) Each applicant, in its application, students as CTE instructors. Cash or In-Kind Matching. must provide a signed assurance Rural districts often struggle with To meet this priority, an applicant attesting to its intent and ability to meet teacher shortages across many subject must provide, from other Federal or the matching requirement in the areas, but shortages in CTE often result non-Federal sources, a cash or in-kind Absolute Priority, and must include its in a lack of access to CTE programming match that is equal to or greater than 20 matching contribution in its budget for connected to local or regional labor percent of the amount of the requested the proposed project. demands. Partnerships with institutions grant award amount, calculated (3) Each applicant must submit a of higher education that offer alternative consistent with 2 CFR part 200.306. Logic Model demonstrating that the teacher certification programs to Each applicant, in its application, must proposed project is supported by a community members who are interested provide a signed assurance attesting to Strong Theory by providing a graphic in staying in the community while its intent and ability to meet this depiction (suggested length of no longer earning a CTE teacher credential, often requirement, and must include its than one page) and a narrative referred to as ‘‘grow your own’’ models, matching contribution in its budget for explanation of the project’s Logic are another approach that may assist the proposed project. Applicants may Model, to illustrate how the applicant’s propose to use funds available to them proposed project will achieve intended under the Perkins Act to meet this www.careertech.org/resource/state-of-cte- outcomes and increase recruitment and increasing-access-to-industry-experts. matching requirement. retention of high school CTE teachers 15 See, e.g., Teacher Preparation Pipeline: Invitational Priority: This priority is for CTE programs that align to an In- Preparing California’s STEM and CTE teachers, an invitational priority. Under 34 CFR Demand Industry Sector or Occupation. teacherpipeline.com/. Luczak, J., Viashnav, A., and 75.105(c)(1), we do not give an Horwath, B. ‘‘Ensuring High-Quality Teacher The program requirements are: Talent: How Strong District-Teacher Preparation application that meets this invitational Requirement 1—Use of Funds: Program Partnerships are Transforming the Teacher priority any preference over other A grantee must carry out one or more Pipeline.’’ Education First, March 2016. education- applications. activities designed to increase first.com/library/publication/ensuring-high-quality- This priority is: recruitment and retention of high school teacher-talent/. Rural Local Educational Agencies 16 Fensterwald, J. ‘‘Supply Lags Booming Demand CTE teachers for CTE programs that for Career Technical Teachers,’’ Ed Source, April (LEAs). align to an In-Demand Industry Sector 28, 2016. edsource.org/2016/supply-lags-booming- or Occupation, in States or communities demand-for-career-technical-teachers/563476. 18 ‘‘Elevating Support for Texas Rural and Small where shortages of such teachers exist, 17 Park, M. ‘‘High-Rent School Districts Build Schools.’’ Texas Rural Schools Task Force Report, Homes for Teachers,’’ USA Today, March 26, 2016. March 2017. www.tasb.org/Services/HR-Services/ such as— www.usatoday.com/story/news/2016/03/21/school- Hrexchange/2017/January-2017,-Vol-1/b-recruiting- (a) Establishing, improving, or districts-build-teacher-housing/81583792/. in-rural-districts.aspx. expanding activities to recruit high

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school CTE teachers for CTE programs must identify the partner organizations Assistance Act (925 U.S.C. 450 et seq.) that align to an In-demand Industry included in its application and include or the Act of April 16, 1934 (25 U.S.C. Sector or Occupation; a letter of commitment from each entity 452 et seq.); (5) an educational service (b) Establishing, improving, or with which it will partner to implement agency; or (6) a consortium of two or expanding alternative routes for State the proposed project. more of the entities described in (1) certification of high school CTE teachers Requirement 3—Cooperation in through (5). for CTE programs that align to an In- Federal Evaluation: In-demand Industry Sector or Demand Industry Sector or Occupation; Under 34 CFR 75.591, all grantees Occupation means— (c) Establishing, improving, or must cooperate in any evaluation of the (A)(1) An industry sector that has a expanding teacher induction and program conducted by the Department. substantial current or potential impact mentoring programs to improve the Definitions (including through jobs that lead to preparation and retention of new high economic self-sufficiency and school CTE teachers for CTE programs The definitions of Career and opportunities for advancement) on the that align to an In-Demand Industry Technical Education and Eligible State, regional, or local economy, as Sector or Occupation; Institution are from section 3 of the appropriate, and that contributes to the (d) Establishing, improving, or Perkins Act (20 U.S.C. 2301 et seq.). The growth or stability of other supporting expanding local partnerships of definition of In-Demand Industry Sector businesses, or the growth of other community organizations, institutions or Occupation is from section 3 of the industry sectors; or of higher education, and school districts Workforce Innovation and Opportunity (2) An occupation that currently has that support mid-career business and Act (29 U.S.C. 3102). The definitions of or is projected to have a number of industry professionals, military Logic Model and Strong Theory are from positions (including positions that lead veterans, parents, students, community 34 CFR 77.1. The definition of Teacher to economic self-sufficiency and members, and paraprofessionals in Residency Program is from section 2002 opportunities for advancement) in an becoming CTE teachers for CTE of the Elementary and Secondary industry sector so as to have a programs that align to an In-Demand Education Act of 1965 (20 U.S.C. 6301). significant impact on the State, regional, Industry Sector or Occupation; Career and Technical Education or local economy, as appropriate. (e) Establishing, improving, or means organized educational activities (B) The determination of whether an expanding Teacher Residency Programs, that— industry sector or occupation is in- as defined in this notice, to recruit and (1) Offer a sequence of courses that— demand under this definition shall be (a) Provides individuals with coherent retain high school CTE teachers for CTE made by the State board or local and rigorous content aligned with programs that align to an In-Demand board,19 as appropriate, using State and challenging academic standards and Industry Sector or Occupation; regional business and labor market relevant technical knowledge and skills (f) Implementing differential pay, or projections, including the use of labor needed to prepare for further education other financial incentives, such as market information. and careers in current or emerging signing bonuses, student loan Logic Model (also referred to as theory repayment, or scholarships, to recruit professions; (b) Provides technical skill of action) means a well-specified and retain high school CTE teachers for conceptual framework that identifies CTE programs that align to an In- proficiency, an industry-recognized credential, a certificate, or an associate key components of the proposed Demand Industry Sector or Occupation; process, product, strategy, or practice (g) Establishing or redesigning teacher degree; and (i.e., the active ‘‘ingredients’’ that are preparation programs to better meet the (c) May include prerequisite courses hypothesized to be critical to achieving demand for effective high school CTE (other than a remedial course) that meet the relevant outcomes) and describes teachers for CTE programs that align to the requirements of this definition; and the relationships among the key an In-Demand Industry Sector or (2) Include competency-based applied components and outcomes, theoretically Occupation; learning that contributes to the (h) Establishing or expanding academic knowledge, higher-order and operationally. interstate teacher certification or reasoning and problem-solving skills, Strong Theory means a rationale for licensure reciprocity agreements to work attitudes, general employability the proposed process, product, strategy, enable CTE teachers who are licensed or skills, technical skills, and occupation- or practice that includes a Logic Model. certified in one State to teach in another specific skills, and knowledge of all Teacher Residency Program means a State without completing additional aspects of an industry, including school-based teacher preparation licensure or certification requirements entrepreneurship, of an individual. program in which a prospective in CTE programs that align to an In- Eligible Institution means (1) a public teacher— Demand Industry Sector or Occupation; or nonprofit private institution of higher (1) For not less than one academic and education that offers CTE courses that year, teaches alongside an effective (i) Developing and implementing lead to technical skill proficiency, an teacher, as determined by the State or programs and initiatives to remove industry-recognized credential, a LEA, who is the teacher of record for the barriers to recruiting and retaining high certificate, or a degree; (2) an LEA classroom; school CTE teachers for CTE programs providing education at the (2) Receives concurrent instruction that align to an In-Demand Industry postsecondary level; (3) an area CTE during the year described in paragraph Sector or Occupation. school providing education at the (1)— Requirement 2—Partnerships: postsecondary level; (4) a postsecondary (a) Through courses that may be A grantee must carry out a High educational institution controlled by the taught by LEA personnel or by faculty School CTE Teacher Pathway Initiative Bureau of Indian Affairs or operated by of the teacher preparation program; and project in collaboration with partner or on behalf of any Indian Tribe that is organizations such as community eligible to contract with the Secretary of 19 The State board or local board in this instance the Interior for the administration of is the board under sections 101 and 107, organizations, institutions of higher respectively, of the Workforce Innovation and education, school districts, State or local programs under the Indian Self- Opportunity Act (29 U.S.C. 3102), not the Perkins agencies, or businesses. An applicant Determination and Education State board listed as an eligible entity.

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(b) In the teaching of the content area Project Period: Up to 36 months. submit, are in the application package in which the teacher will become Applicants under this competition are for this program. certified or licensed; and required to provide detailed budget Notice of Intent to Apply: We will be (3) Acquires effective teaching skills, information for each year of the able to develop a more efficient process as demonstrated through completion of proposed project and for the total grant, for reviewing grant applications if we a residency program, or other measure including their matching contribution. can anticipate the number of applicants determined by the State, which may that intend to apply for funding under III. Eligibility Information include a teacher performance this competition. Therefore, we strongly assessment. 1. Eligible Applicants: The following encourage each potential applicant to Waiver of Proposed Rulemaking: entities are eligible to apply under this notify us of the applicant’s intent to Under the Administrative Procedure Act competition: submit an application for funding by (5 U.S.C. 553), the Department generally (a) A State board designated or sending a short email message. This offers interested parties the opportunity created consistent with State law as the short email should provide the to comment on proposed priorities and sole State agency responsible for the applicant organization’s name and requirements. Section 437(d)(1) of administration of CTE in the State or for address. Please send this email GEPA, however, allows the Secretary to the supervision of the administration of notification to [email protected] exempt from rulemaking requirements, CTE in the State; with ‘‘Intent to Apply’’ in the email regulations governing the first grant (b) An LEA (including a public subject line. Applicants that do not competition under a new or charter school that operates as an LEA), provide this email notification may still substantially revised program authority. an area CTE school, an educational apply for funding. This is the first grant competition to service agency, or a consortium of such Page Limit: The application narrative address the CTE teacher shortage under entities, in each case, that receives is where you, the applicant, address the section 114(c)(1) of the Act, and assistance under section 131 of the Act; selection criteria that reviewers use to therefore qualifies for this exemption. In (c) An Eligible Institution that evaluate your application. We order to ensure timely grant awards, the receives assistance under section 132 of recommend that you (1) limit the Secretary has decided to forgo public the Act. application narrative to no more than 35 comment on the absolute priority and Note: Eligible applicants proposing to pages and (2) use the following requirements under section 437(d)(1) of apply for funds as a consortium must comply standards: • ″ ″ GEPA. The absolute priority and with the regulations in 34 CFR 75.127 A ‘‘page’’ is 8.5 x 11 , on one side ″ requirements will apply to the FY 2017 through 75.129, which address group only, with 1 margins at the top, bottom, applications. grant competition and any subsequent and both sides. • year in which we make awards from the 2. a. Cost Sharing or Matching: This Double space (no more than three list of unfunded applications from this initiative requires cost sharing or lines per vertical inch) all text in the competition. matching. application narrative, including titles, Program Authority: 20 U.S.C. 2324. b. Supplement-not-Supplant: This headings, footnotes, quotations, Applicable Regulations: (a) The program is subject to supplement-not- references, and captions, as well as all Education Department General supplant funding requirements. In text in charts, tables, figures, and Administrative Regulations in 34 CFR accordance with section 311(a) of the graphs. • parts 75, 77, 81, 82, 84, 86, 97, 98, and Act, 20 U.S.C. 2391(a), funds under this Use a font that is either 12 point or 99. (b) The Office of Management and program may not be used to supplant larger or no smaller than 10 pitch non-Federal funds used to carry out CTE (characters per inch). Budget Guidelines to Agencies on • Governmentwide Debarment and activities. Further, the prohibition Use one of the following fonts: Suspension (Nonprocurement) in 2 CFR against supplanting also means that Times New Roman, Courier, Calibri, or part 180, as adopted and amended as grantees will be required to use their Arial. regulations of the Department in 2 CFR negotiated restricted indirect cost rates The recommended page limit does not part 3485. (c) The Uniform under this program. (34 CFR 75.563) apply to the cover sheet; the budget Administrative Requirements, Cost section, including the narrative budget IV. Application and Submission justification; the assurances and Principles, and Audit Requirements for Information Federal Awards in 2 CFR part 200, as certifications; or the one-page abstract, adopted and amended in 2 CFR part 1. Address to Request Application the resumes, the bibliography, or the 3474. Package: Laura Messenger, U.S. letters of support. However, the Department of Education, 400 Maryland recommended page limit does apply to Note: The regulations in 34 CFR part 86 Avenue SW., PCP, Room 11028, all of the application narrative. apply to institutions of higher education Washington, DC 20202–7241. FAX: b. Submission of Proprietary only. (202) 245–7170. Telephone: (202) 245– Information: Given the types of projects that may be proposed, your application II. Award Information 7840 or by email: CTEteachergrant@ ed.gov. may include business information that Type of Award: Discretionary grants. If you use a TDD or a TTY, call the the applicant considers proprietary. In Estimated Available Funds: FRS, toll free, at 1–800–877–8339. 34 CFR 5.11 we define ‘‘business $3,600,102 for one 36-month project Individuals with disabilities can information’’ and describe the process period. obtain a copy of the application package we use in determining whether any of Estimated Range of Awards: $350,000 in an accessible format (e.g., Braille, that information is proprietary and, to $900,000 for one 36-month project large print, audiotape, or compact disc) thus, protected from disclosure under period. by contacting the program contact Exemption 4 of the Freedom of Estimated Average Size of Awards: person listed in this section. Information Act (5 U.S.C. 552, as $625,000. 2. a. Content and Form of Application amended). Estimated Number of Awards: 5–7. Submission: Requirements concerning Because we plan to make successful Note: The Department is not bound by any the content and form of an application, applications available to the public estimates in this notice. together with the forms you must upon request, you may wish to request

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confidentiality of business information. 6. Data Universal Numbering System be designated by your organization as an Consistent with Executive Order 12600, Number, Taxpayer Identification Authorized Organization Representative please designate in your application any Number, and System for Award (AOR); and (2) register yourself with information that you believe is exempt Management: To do business with the Grants.gov as an AOR. Details on these from disclosure under Exemption 4. In Department of Education, you must— steps are outlined at the following the appropriate Appendix section of a. Have a Data Universal Numbering Grants.gov Web page: www.grants.gov/ your application, under ‘‘Other System (DUNS) number and a Taxpayer web/grants/register.html. Attachments Form,’’ please list the page Identification Number (TIN); 7. Other Submission Requirements: number or numbers on which we can b. Register both your DUNS number Applications for grants under this find this information. For additional and TIN with the System for Award program must be submitted information please see 34 CFR 5.11(c). Management (SAM), the Government’s electronically unless you qualify for an 3. Submission Dates and Times: primary registrant database; exception to this requirement in Applications Available: June 13, 2017. c. Provide your DUNS number and accordance with the instructions in this Deadline for Notice of Intent to Apply: TIN on your application; and section. d. Maintain an active SAM July 13, 2017. a. Electronic Submission of registration with current information Deadline for Transmittal of Applications. while your application is under review Applications for grants under the Applications: July 28, 2017. by the Department and, if you are High School CTE Teacher Pathway A pre-application webinar will be awarded a grant, during the project Initiative, CFDA number 84.051D, must held for this competition shortly after period. be submitted electronically using the the date that this notice will publish. You can obtain a DUNS number from Governmentwide Grants.gov Apply site The webinar is intended to provide Dun and Bradstreet at the following at www.Grants.gov. Through this site, technical assistance to all interested Web site: http://fedgov.dnb.com/ you will be able to download a copy of grant applicants. Information regarding webform. A DUNS number can be the application package, complete it the pre-application webinar can be created within one to two business days. offline, and then upload and submit found on the Perkins Collaborative If you are a corporate entity, agency, your application. You may not email an Resource Network at http://cte.ed.gov/. institution, or organization, you can electronic copy of a grant application to Applications for grants under this obtain a TIN from the Internal Revenue us. program must be submitted Service. If you are an individual, you We will reject your application if you electronically using the Grants.gov can obtain a TIN from the Internal submit it in paper format unless, as Apply site (Grants.gov). For information Revenue Service or the Social Security described elsewhere in this section, you (including dates and times) about how Administration. If you need a new TIN, qualify for one of the exceptions to the to submit your application please allow two to five weeks for your electronic submission requirement and electronically, or in paper format by TIN to become active. submit, no later than two weeks before mail or hand delivery if you qualify for The SAM registration process can take the application deadline date, a written an exception to the electronic approximately seven business days, but statement to the Department that you submission requirement, please refer to may take upwards of several weeks, qualify for one of these exceptions. Other Submission Requirements in depending on the completeness and Further information regarding section IV of this notice. accuracy of the data you enter into the calculation of the date that is two weeks We do not consider an application SAM database. Thus, if you think you before the application deadline date is that does not comply with the deadline might want to apply for Federal provided later in this section under requirements. financial assistance under a program Exception to Electronic Submission Individuals with disabilities who administered by the Department, please Requirement. need an accommodation or auxiliary aid allow sufficient time to obtain and You may access the electronic grant in connection with the application register your DUNS number and TIN. application for the High School CTE process should contact the person listed We strongly recommend that you Teacher Pathway Initiative competition under FOR FURTHER INFORMATION register early. at www.Grants.gov. You must search for CONTACT. If the Department provides an Note: Once your SAM registration is active, the downloadable application package accommodation or auxiliary aid to an it may be 24 to 48 hours before you can for this program by the CFDA number. individual with a disability in access the information in, and submit an Do not include the CFDA number’s connection with the application application through, Grants.gov. alpha suffix in your search (e.g., search process, the individual’s application If you are currently registered with for 84.051, not 84.051D). remains subject to all other SAM, you may not need to make any Please note the following: requirements and limitations in this changes. However, please make certain • When you enter the Grants.gov site, notice. that the TIN associated with your DUNS you will find information about Deadline for Intergovernmental number is correct. Also note that you submitting an application electronically Review: September 26, 2017. will need to update your registration through the site, as well as the hours of 4. Intergovernmental Review: This annually. This may take three or more operation. program is subject to Executive Order business days. • Applications received by 12372 and the regulations in 34 CFR Information about SAM is available at Grants.gov are date and time stamped. part 79. Information about www.SAM.gov. To further assist you Your application must be fully Intergovernmental Review of Federal with obtaining and registering your uploaded and submitted and must be Programs under Executive Order 12372 DUNS number and TIN in SAM or date and time stamped by the is in the application package for this updating your existing SAM account, Grants.gov system no later than 4:30:00 program. we have prepared a SAM.gov Tip Sheet, p.m., Washington, DC time, on the 5. Funding Restrictions: We reference which you can find at: www2.ed.gov/ application deadline date. Except as regulations outlining funding fund/grant/apply/sam-faqs.html. otherwise noted in this section, we will restrictions in the Applicable In addition, if you are submitting your not accept your application if it is Regulations section of this notice. application via Grants.gov, you must (1) received—that is, date and time

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stamped by the Grants.gov system—after application not being considered for toll free, at 1–800–518–4726. You must 4:30:00 p.m., Washington, DC time, on funding because the material in obtain a Grants.gov Support Desk Case the application deadline date. We do question—for example, the application Number and must keep a record of it. not consider an application that does narrative—is critical to a meaningful If you are prevented from not comply with the deadline review of your proposal. For that reason electronically submitting your requirements. When we retrieve your it is important to allow yourself application on the application deadline application from Grants.gov, we will adequate time to upload all material as date because of technical problems with notify you if we are rejecting your read-only, non-modifiable, flattened the Grants.gov system, we will grant you application because it was date and time PDF files. The Department will not an extension until 4:30:00 p.m., stamped by the Grants.gov system after convert material from other formats to Washington, DC time, the following 4:30:00 p.m., Washington, DC time, on PDF. There is no need to password business day to enable you to transmit the application deadline date. protect a file in order to meet the your application electronically or by • The amount of time it can take to requirement to submit a read-only, non- hand delivery. You also may mail your upload an application will vary modifiable, flattened PDF. And, as application by following the mailing depending on a variety of factors, noted above, the Department will not instructions described elsewhere in this including the size of the application and review password protected files. notice. the speed of your internet connection. • After you electronically submit If you submit an application after Therefore, we strongly recommend that your application, you will receive from 4:30:00 p.m., Washington, DC time, on you do not wait until the application Grants.gov an automatic notification of the application deadline date, please deadline date to begin the submission receipt that contains a Grants.gov contact the person listed under FOR process through Grants.gov. tracking number. This notification FURTHER INFORMATION CONTACT and • You should review and follow the indicates receipt by Grants.gov only, not provide an explanation of the technical Education Submission Procedures for receipt by the Department. Grants.gov problem you experienced with submitting an application through will also notify you automatically by Grants.gov, along with the Grants.gov Grants.gov that are included in the email if your application met all the Support Desk Case Number. We will application package for this program to Grants.gov validation requirements or if accept your application if we can ensure that you submit your application there were any errors (such as confirm that a technical problem in a timely manner to the Grants.gov submission of your application by occurred with the Grants.gov system system. You can also find the Education someone other than a registered and that the problem affected your Submission Procedures pertaining to Authorized Organization ability to submit your application by Grants.gov under News and Events on Representative, or inclusion of an 4:30:00 p.m., Washington, DC time, on the Department’s G5 system home page attachment with a file name that the application deadline date. We will at www.G5.gov. In addition, for specific contains special characters). You will be contact you after we determine whether guidance and procedures for submitting given an opportunity to correct any your application will be accepted. an application through Grants.gov, errors and resubmit, but you must still please refer to the Grants.gov Web site Note: The extensions to which we refer in meet the deadline for submission of this section apply only to the unavailability at: www.grants.gov/web/grants/ applications. of, or technical problems with, the Grants.gov applicants/apply-for-grants.html. Once your application is successfully • system. We will not grant you an extension You will not receive additional validated by Grants.gov, the Department if you failed to fully register to submit your point value because you submit your will retrieve your application from application to Grants.gov before the application in electronic format, nor Grants.gov and send you an email with application deadline date and time or if the will we penalize you if you qualify for a unique PR/Award number for your technical problem you experienced is an exception to the electronic application. unrelated to the Grants.gov system. submission requirement, as described These emails do not mean that your Exception to Electronic Submission elsewhere in this section, and submit application is without any disqualifying Requirement: You qualify for an your application in paper format. errors. While your application may have exception to the electronic submission • You must submit all documents been successfully validated by requirement, and may submit your electronically, including all information Grants.gov, it must also meet the application in paper format, if you are you typically provide on the following Department’s application requirements unable to submit an application through forms: the Application for Federal as specified in this notice and in the the Grants.gov system because— Assistance (SF 424), the Department of application instructions. Disqualifying • You do not have access to the Education Supplemental Information for errors could include, for instance, internet; or SF 424, Budget Information—Non- failure to upload attachments in a read- • You do not have the capacity to Construction Programs (ED 524), and all only, flattened PDF; failure to submit a upload large documents to the necessary assurances and certifications. required part of the application; or Grants.gov system; and • You must upload any narrative failure to meet applicant eligibility • No later than two weeks before the sections and all other attachments to requirements. It is your responsibility to application deadline date (14 calendar your application as files in a read-only, ensure that your submitted application days or, if the fourteenth calendar day non-modifiable, flattened Portable has met all of the Department’s before the application deadline date Document Format (PDF), meaning any requirements. falls on a Federal holiday, the next fillable PDF documents must be saved • We may request that you provide us business day following the Federal as flattened, non-fillable files. Therefore, original signatures on forms at a later holiday), you mail or fax a written do not upload an interactive or fillable date. statement to the Department, explaining PDF file. If you upload a file type other Application Deadline Date Extension which of the two grounds for an than a read-only, flattened PDF (e.g., in Case of Technical Issues with the exception prevents you from using the Word, Excel, WordPerfect, etc.) or Grants.gov System: If you are internet to submit your application. submit a password-protected file, we experiencing problems submitting your If you mail your written statement to will not review that material. Please application through Grants.gov, please the Department, it must be postmarked note that this could result in your contact the Grants.gov Support Desk, no later than two weeks before the

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application deadline date. If you fax U.S. Department of Education, Application partners for maximizing the your written statement to the Control Center, Attention: (CFDA Number effectiveness of project services. (up to Department, we must receive the faxed 84.051D), 550 12th Street SW., Room 7039, 10 points) statement no later than two weeks Potomac Center Plaza, Washington, DC (4) The extent to which the design of 20202–4260. before the application deadline date. the proposed project is appropriate for, Address and mail or fax your The Application Control Center and will successfully address, the needs statement to: Laura Messenger, U.S. accepts hand deliveries daily between of the target population or other Department of Education, 400 Maryland 8:00 a.m. and 4:30:00 p.m., Washington, identified needs. (up to 10 points) Avenue SW., PCP, Room 11028, DC time, except Saturdays, Sundays, (c) Adequacy of resources (30 points). Washington, DC 20202–7241. FAX: and Federal holidays. The Secretary considers the adequacy (202) 245–7170. Note for Mail or Hand Delivery of Paper of resources for the proposed project. In Your paper application must be Applications: If you mail or hand deliver determining the adequacy of resources submitted in accordance with the mail your application to the Department— for the proposed project, the Secretary or hand delivery instructions described (1) You must indicate on the envelope considers— in this notice. and—if not provided by the Department—in (1) The extent to which the budget is b. Submission of Paper Applications Item 11 of the SF 424 the CFDA number, adequate to support the proposed including suffix letter, if any, of the by Mail. project. (up to 10 points) If you qualify for an exception to the competition under which you are submitting your application; and (2) The relevance and demonstrated electronic submission requirement, you (2) The Application Control Center will commitment of each partner in the may mail (through the U.S. Postal mail to you a notification of receipt of your proposed project to the implementation Service or a commercial carrier) your grant application. If you do not receive this and success of the project. (up to 10 application to the Department. You notification within 15 business days from the points) must mail the original and two copies application deadline date, you should call (3) The potential for continued of your application, on or before the the U.S. Department of Education support of the project after Federal application deadline date, to the Application Control Center at (202) 245– 6288. funding ends, including, as appropriate, Department at the following address: the demonstrated commitment of U.S. Department of Education, Application V. Application Review Information appropriate entities to such support. (up Control Center, Attention: (CFDA Number to 10 points) 84.051D), 550 12th Street SW., Room 7039, 1. Selection Criteria: The selection 2. Review and Selection Process: We Potomac Center Plaza, Washington, DC criteria for this program are from 34 CFR remind potential applicants that in 20202–4260. 75.210. The maximum score for all the reviewing applications in any You must show proof of mailing selection criteria is 100 points. The discretionary grant competition, the consisting of one of the following: maximum score for each criterion is Secretary may consider, under 34 CFR (1) A legibly dated U.S. Postal Service indicated in parentheses. In addressing 75.217(d)(3), the past performance of the postmark. the criteria, applicants are encouraged applicant in carrying out a previous (2) A legible mail receipt with the to make explicit connections to the award, such as the applicant’s use of date of mailing stamped by the U.S. priorities and requirements listed funds, achievement of project Postal Service. elsewhere in this notice. The selection objectives, and compliance with grant (3) A dated shipping label, invoice, or criteria for this competition are as conditions. The Secretary may also receipt from a commercial carrier. follows: consider whether the applicant failed to (a) Need for the project. (20 points) (4) Any other proof of mailing submit a timely performance report or The Secretary considers the need for acceptable to the Secretary of the U.S. submitted a report of unacceptable the proposed project. In determining the Department of Education. quality. need for the proposed project, the If you mail your application through In addition, in making a competitive Secretary considers— the U.S. Postal Service, we do not grant award, the Secretary requires accept either of the following as proof (1) The magnitude or severity of the problem to be addressed by the various assurances including those of mailing: applicable to Federal civil rights laws (1) A private metered postmark. proposed project. (up to 10 points) (2) The extent to which the proposed that prohibit discrimination in programs (2) A mail receipt that is not dated by or activities receiving Federal financial the U.S. Postal Service. project will prepare personnel for fields in which shortages have been assistance from the Department of Note: The U.S. Postal Service does not demonstrated. (up to 10 points) Education (34 CFR 100.4, 104.5, 106.4, uniformly provide a dated postmark. Before (b) Quality of the project design. (50 108.8, and 110.23). relying on this method, you should check points) 3. Risk Assessment and Special with your local post office. The Secretary considers the quality of Conditions: Consistent with 2 CFR We will not consider applications the project design. In determining the 200.205, before awarding grants under postmarked after the application quality of the project design for the this program the Department conducts a deadline date. proposed project, the Secretary review of the risks posed by applicants. c. Submission of Paper Applications considers— Under 2 CFR 3474.10, the Secretary may by Hand Delivery. (1) The extent to which the proposed impose special conditions and, in If you qualify for an exception to the project is supported by Strong Theory, appropriate circumstances, high-risk electronic submission requirement, you as defined in this notice. (up to 10 conditions on a grant if the applicant or (or a courier service) may deliver your points) grantee is not financially stable; has a paper application to the Department by (2) The likelihood that the proposed history of unsatisfactory performance; hand. You must deliver the original and project will result in system change or has a financial or other management two copies of your application by hand, improvement. (up to 20 points) system that does not meet the standards on or before the application deadline (3) The extent to which the services in 2 CFR part 200, subpart D; has not date, to the Department at the following to be provided by the proposed project fulfilled the conditions of a prior grant; address: involve the collaboration of appropriate or is otherwise not responsible.

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4. Integrity and Performance System: does not apply if you have an exception VII. Other Information If you are selected under this under 2 CFR 170.110(b). Accessible Format: Individuals with competition to receive an award that (b) At the end of your project period, disabilities can obtain this document over the course of the project period you must submit a final performance and a copy of the application package in may exceed the simplified acquisition report, including financial information, an accessible format (e.g., braille, large threshold (currently $150,000), under 2 as directed by the Secretary. If you print, audiotape, or compact disc) on CFR 200.205(a)(2) we must make a receive a multiyear award, you must request to the program contact person judgment about your integrity, business submit an annual performance report listed under FOR FURTHER INFORMATION ethics, and record of performance under that provides the most current CONTACT. If you use a TDD or a TTY, call Federal awards—that is, the risk posed performance and financial expenditure the FRS, toll free, at 1–800–877–8339. by you as an applicant—before we make information as directed by the Secretary Electronic Access to This Document: an award. In doing so, we must consider under 34 CFR 75.117. The Secretary The official version of this document is any information about you that is in the may also require more frequent the document published in the Federal integrity and performance system performance reports under 34 CFR Register. Free internet access to the (currently referred to as the Federal 75.720(c). For specific requirements on official edition of the Federal Register Awardee Performance and Integrity reporting, please go to www.ed.gov/ and the Code of Federal Regulations is Information System (FAPIIS)), fund/grant/apply/appforms/ available via the Federal Digital System accessible through SAM. You may appforms.html. at: www.gpo.gov/fdsys. At this site you review and comment on any (c) Under 34 CFR 75.250(b), the can view this document, as well as all information about yourself that a Secretary may provide a grantee with other documents of this Department Federal agency previously entered and additional funding for data collection published in the Federal Register, in that is currently in FAPIIS. analysis and reporting. In this case the text or PDF. To use PDF you must have Please note that, if the total value of Secretary establishes a data collection Adobe Acrobat Reader, which is your currently active grants, cooperative period. available free at the site. agreements, and procurement contracts 4. Performance Measures: Pursuant to You may also access documents of the from the Federal Government exceeds the Government Performance and Department published in the Federal $10,000,000, the reporting requirements Results Act of 1993, the Department has Register by using the article search in 2 CFR part 200, Appendix XII, established the following performance feature at: www.federalregister.gov. require you to report certain integrity measures that it will use to evaluate the Specifically, through the advanced information to FAPIIS semiannually. overall effectiveness of the grantee’s search feature at this site, you can limit Please review the requirements in 2 CFR project, as well as the High School CTE your search to documents published by part 200, Appendix XII, if this grant Teacher Pathway Initiative as a whole: the Department. plus all the other Federal funds you Dated: June 7, 2017. receive exceed $10,000,000. (a) An increase in the number of individuals recruited and hired to be Kim R. Ford, VI. Award Administration Information high school CTE teachers for CTE Delegated the Duties of the Assistant 1. Award Notices: If your application programs that align to an In-Demand Secretary for Career, Technical, and Adult Education. is successful, we notify your U.S. Industry Sector or Occupation; and Representative and U.S. Senators and (b) An increase in the retention rate of [FR Doc. 2017–12132 Filed 6–12–17; 8:45 am] send you a Grant Award Notification high school CTE teachers for CTE BILLING CODE 4000–01–P (GAN); or we may send you an email programs that align to an In-Demand containing a link to access an electronic Industry Sector or Occupation. DEPARTMENT OF EDUCATION version of your GAN. We may notify In addition to these measures, you informally, also. applicants may establish interim or [Docket No.: ED–2017–ICCD–0083] If your application is not evaluated or other measures that they think will be not selected for funding, we notify you. Agency Information Collection useful in measuring positive project Activities; Comment Request; 2. Administrative and National Policy outcomes, such as: an increase in the Evaluation of the ESEA Title VI Indian Requirements: We identify number of induction or mentoring Education LEA Grants Program administrative and national policy programs being implemented for new requirements in the application package and returning high school CTE teachers; AGENCY: Office of Planning, Evaluation and reference these and other an increase in the number of individuals and Policy Development (OPEPD), requirements in the Applicable teaching in high school CTE programs Department of Education (ED). Regulations section of this notice. under emergency or alternative ACTION: Notice. We reference the regulations outlining credentials; an increase in the number the terms and conditions of an award in of high school CTE teachers SUMMARY: In accordance with the the Applicable Regulations section of participating in induction and Paperwork Reduction Act of 1995, ED is this notice and include these and other mentoring programs; or an increase in proposing a new information collection. specific conditions in the GAN. The the number of new and returning high DATES: Interested persons are invited to GAN also incorporates your approved school CTE teachers who express submit comments on or before August application as part of your binding satisfaction with the level of induction 14, 2017. commitments under the grant. and mentoring support that they have ADDRESSES: To access and review all the 3. Reporting: (a) If you apply for a received. Grantees will be responsible documents related to the information grant under this competition, you must for collecting and reporting data collection listed in this notice, please ensure that you have in place the annually on the required performance use http://www.regulations.gov by necessary processes and systems to measures as well as any other searching the Docket ID number ED– comply with the reporting requirements performance measures they choose to 2017–ICCD–0083. Comments submitted in 2 CFR part 170 should you receive establish for their High School CTE in response to this notice should be funding under the competition. This Teacher Pathway Initiative project. submitted electronically through the

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Federal eRulemaking Portal at http:// Abstract: This data collection request Star Oregon II, LLC’s application for www.regulations.gov by selecting the supports a national evaluation of the market-based rate authority, with an Docket ID number or via postal mail, Title VI Grants Program that will accompanying rate tariff, noting that commercial delivery, or hand delivery. describe how grantees identify eligible such application includes a request for Please note that comments submitted by children, and plan and implement blanket authorization, under 18 CFR fax or email and those submitted after program priorities with parent, part 34, of future issuances of securities the comment period will not be community and tribal involvement; help and assumptions of liability. accepted. Written requests for AI/AN students meet state standards; Any person desiring to intervene or to align and leverage program funded information or comments submitted by protest should file with the Federal services with other resources; and assess postal mail or delivery should be Energy Regulatory Commission, 888 student outcomes. This information will addressed to the Director of the First Street NE., Washington, DC 20426, inform the U.S. Department of Information Collection Clearance in accordance with Rules 211 and 214 Division, U.S. Department of Education, Education’s Office of Indian Education of the Commission’s Rules of Practice 400 Maryland Avenue SW., LBJ, Room (OIE), other federal policy, budget and and Procedure (18 CFR 385.211 and 216–42, Washington, DC 20202–4537. program staff, and grantees about the 385.214). Anyone filing a motion to FOR FURTHER INFORMATION CONTACT: For implementation of current practices. To gather consistent information that intervene or protest must serve a copy specific questions related to collection of that document on the Applicant. activities, please contact Jean Yan, 202– addresses questions about how Title VI 205–6212. grantees are identifying eligible children Notice is hereby given that the and planning and implementing deadline for filing protests with regard SUPPLEMENTARY INFORMATION: The services for them, it is necessary to to the applicant’s request for blanket Department of Education (ED), in collect additional information beyond authorization, under 18 CFR part 34, of accordance with the Paperwork current federal data collections (e.g., Reduction Act of 1995 (PRA) (44 U.S.C. future issuances of securities and Annual Performance Reports and EASIE assumptions of liability, is June 27, 3506(c)(2)(A)), provides the general Budget Reports provided by the OIE). public and Federal agencies with an 2017. opportunity to comment on proposed, Dated: June 8, 2017. The Commission encourages revised, and continuing collections of Tomakie Washington, electronic submission of protests and information. This helps the Department Acting Director, Information Collection interventions in lieu of paper, using the assess the impact of its information Clearance Division, Office of the Chief Privacy FERC Online links at http:// collection requirements and minimize Officer, Office of Management. www.ferc.gov. To facilitate electronic the public’s reporting burden. It also [FR Doc. 2017–12162 Filed 6–12–17; 8:45 am] service, persons with Internet access helps the public understand the BILLING CODE 4000–01–P who will eFile a document and/or be Department’s information collection listed as a contact for an intervenor requirements and provide the requested must create and validate an data in the desired format. ED is DEPARTMENT OF ENERGY eRegistration account using the soliciting comments on the proposed Federal Energy Regulatory eRegistration link. Select the eFiling information collection request (ICR) that Commission link to log on and submit the is described below. The Department of intervention or protests. [Docket No. IC17–4–000] Education is especially interested in Persons unable to file electronically public comment addressing the Commission Information Collection should submit an original and 5 copies following issues: (1) Is this collection Activities (FERC–521); Comment of the intervention or protest to the necessary to the proper functions of the Request Federal Energy Regulatory Commission, Department; (2) will this information be 888 First Street NE., Washington, DC processed and used in a timely manner; Correction 20426. (3) is the estimate of burden accurate; Notice document 2017–11760, (4) how might the Department enhance The filings in the above-referenced appearing on pages 26476–26477, in the proceeding are accessible in the the quality, utility, and clarity of the Issue of Wednesday, June 7, 2017, was information to be collected; and (5) how Commission’s eLibrary system by inadvertently published and is clicking on the appropriate link in the might the Department minimize the withdrawn from that Issue. burden of this collection on the above list. They are also available for respondents, including through the use [FR Doc. C1–2017–11760 Filed 6–9–17; 11:15 am] electronic review in the Commission’s of information technology. Please note BILLING CODE 1301–01–D Public Reference Room in Washington, that written comments received in DC. There is an eSubscription link on the Web site that enables subscribers to response to this notice will be DEPARTMENT OF ENERGY considered public records. receive email notification when a document is added to a subscribed Title of Collection: Evaluation of the Federal Energy Regulatory docket(s). For assistance with any FERC ESEA Title VI Indian Education LEA Commission Grants Program. Online service, please email OMB Control Number: 1875—NEW. [Docket No. ER17–1769–000] [email protected]. or call (866) 208–3676 (toll free). For TTY, call Type of Review: A new information Solar Star Oregon II, LLC; (202) 502–8659. collection. Supplemental Notice That Initial Respondents/Affected Public: State, Market-Based Rate Filing Includes Dated: June 7, 2017. Local, and Tribal Governments. Request for Blanket Section 204 Kimberly D. Bose, Total Estimated Number of Annual Authorization Responses: 434. Secretary. Total Estimated Number of Annual This is a supplemental notice in the [FR Doc. 2017–12225 Filed 6–12–17; 8:45 am] Burden Hours: 295. above-referenced proceeding of Solar BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Docket Numbers: RP17–768–000. Docket Numbers: RP17–774–000. Applicants: Dominion Energy Questar Applicants: Panhandle Eastern Pipe Federal Energy Regulatory Pipeline, LLC. Line Company, LP. Commission Description: Dominion Energy Description: Panhandle Eastern Pipe Questar Pipeline, LLC submits tariff Line Company, LP submits tariff filing Combined Notice of Filings filing per 154.204: Change of Company per 154.202: Baseline Filing Volume No. Take notice that the Commission has Name—Dominion Energy Questar 1–A to be effective 7/1/2017. received the following Natural Gas Pipeline, LLC to be effective 6/1/2017. Filed Date: 05/30/2017. Pipeline Rate and Refund Report filings: Filed Date: 05/30/2017. Accession Number: 20170530–5136. Accession Number: 20170530–5086. Comment Date: 5:00 p.m. Eastern Filings Instituting Proceedings Comment Date: 5:00 p.m. Eastern Time on Monday, June 12, 2017. Docket Numbers: RP17–197–005. Time on Monday, June 12, 2017. Docket Numbers: RP17–775–000. Applicants: Dominion Energy Cove Docket Numbers: RP17–769–000. Applicants: Panhandle Eastern Pipe Point LNG, LP. Applicants: Dominion Energy Line Company, LP. Description: Dominion Energy Cove Overthrust Pipeline, LLC. Description: Panhandle Eastern Pipe Point LNG, LP submits tariff filing per Description: Dominion Energy Line Company, LP submits tariff filing 154.203: DECP—2016 Section 4 General Overthrust Pipeline, LLC submits tariff per 154.204: Non-Conforming List Rate Case Motion to be effective 6/1/ filing per 154.204: Change of Company update—Rover to be effective 7/1/2017. 2017. Name—Dominion Energy Overthrust Filed Date: 05/30/2017. Filed Date: 05/19/2017. Pipeline, LLC to be effective 6/1/2017. Accession Number: 20170530–5137. Accession Number: 20170519–5148. Filed Date: 05/30/2017. Comment Date: 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern Accession Number: 20170530–5087. Time on Monday, June 12, 2017. Time on Friday, June 09, 2017. Comment Date: 5:00 p.m. Eastern Docket Numbers: RP17–776–000.. Docket Numbers: RP17–764–000. Time on Monday, June 12, 2017. Applicants: Trunkline Gas Company, Applicants: Algonquin Gas Docket Numbers: RP17–770–000. LLC. Transmission, LLC. Applicants: White River Hub, LLC. Description: Trunkline Gas Company, Description: Algonquin Gas Description: White River Hub, LLC LLC submits tariff filing per 154.204: Transmission, LLC submits tariff filing submits tariff filing per 154.204: Change Non-Conforming Agreement filed in per 154.204: Negotiated Rate—Boston of Affiliate Company Name to be compliance with CP15–93, et al to be Gas to BBPC—794005 & 794010 to be effective 6/1/2017. effective 7/1/2017. effective 6/1/2017. Filed Date: 05/30/2017. Filed Date: 05/30/2017. Filed Date: 05/25/2017. Accession Number: 20170530–5088. Accession Number: 20170530–5140. Accession Number: 20170525–5179. Comment Date: 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern Time on Monday, June 12, 2017. Time on Monday, June 12, 2017. Time on Tuesday, June 06, 2017. Docket Numbers: RP17–771–000. Docket Numbers: RP17–778–000. Docket Numbers: RP17–765–000. Applicants: Iroquois Gas Applicants: National Fuel Gas Supply Applicants: Alliance Pipeline L.P. Transmission System, L.P. Corporation. Description: Alliance Pipeline L.P. Description: Iroquois Gas Description: National Fuel Gas Supply submits tariff filing per 154.204: Revise Transmission System, L.P. submits tariff Corporation submits tariff filing per Force Majeure to be effective 7/1/2017. filing per 154.204: 05/30/17 Negotiated 154.204: Market Pooling(Aliquippa) & Filed Date: 05/30/2017. Rates—ENI Trading & Shipping (RTS) Other Changes to be effective 7/1/2017. Accession Number: 20170530–5008. 7825–02 to be effective 6/1/2017. Filed Date: 05/30/2017. Comment Date: 5:00 p.m. Eastern Filed Date: 05/30/2017. Accession Number: 20170530–5145. Time on Monday, June 12, 2017. Accession Number: 20170530–5132. Comment Date: 5:00 p.m. Eastern Docket Numbers: RP17–766–000. Comment Date: 5:00 p.m. Eastern Time on Monday, June 12, 2017. Applicants: Noble Energy, Inc., HG Time on Monday, June 12, 2017. Docket Numbers: RP17–779–000. Energy, LLC. Docket Numbers: RP17–772–000. Applicants: Florida Southeast Description: Joint Petition of Noble Applicants: ET Rover Pipeline LLC. Connection, LLC. Energy, Inc. and HG Energy II Description: ET Rover Pipeline LLC Description: Florida Southeast Appalachia, LLC for Temporary Waiver submits tariff filing per 154.202: Connection, LLC submits tariff filing per of Capacity Release Regulations and Baseline Filing in Compliance with 154.204: Negotiated rate agreement to be Related Tariff Provisions, and Request CP15–93, et al Order to be effective effective 7/1/2017. for Expedited Action and Shortened 7/1/2017. Filed Date: 05/30/2017. Comment Period under RP17–766. Filed Date: 05/30/2017. Accession Number: 20170530–5188. Filed Date: 05/26/2017. Accession Number: 20170530–5134. Comment Date: 5:00 p.m. Eastern Accession Number: 20170526–5292. Comment Date: 5:00 p.m. Eastern Time on Monday, June 12, 2017. Comment Date: 5:00 p.m. Eastern Time on Monday, June 12, 2017. The filings are accessible in the Time on Friday, June 02, 2017. Docket Numbers: RP17–773–000. Commission’s eLibrary system by Docket Numbers: RP17–767–000. Applicants: ET Rover Pipeline LLC. clicking on the links or querying the Applicants: Hardy Storage Company, Description: ET Rover Pipeline LLC docket number. LLC. submits tariff filing per 154.202: Any person desiring to intervene or Description: Hardy Storage Company, Baseline Volume No. 1–A Filing in protest in any of the above proceedings LLC submits tariff filing per 154.203: compliance with CP15–93 Order to be must file in accordance with Rules 211 Penalty Revenue Crediting Report 2017. effective 7/1/2017. and 214 of the Commission’s Filed Date: 05/30/2017. Filed Date: 05/30/2017. Regulations (18 CFR 385.211 and Accession Number: 20170530–5073. Accession Number: 20170530–5135. 385.214) on or before 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern Comment Date: 5:00 p.m. Eastern time on the specified comment date. Time on Monday, June 12, 2017. Time on Monday, June 12, 2017. Protests may be considered, but

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intervention is necessary to become a Description: § 4(d) Rate Filing: Cap Reimbursement Factor to be effective party to the proceeding. Rel Neg Rate Agmts (RE Gas 34955, 7/1/2017. eFiling is encouraged. More detailed 35433 to BP 36347, 36346) to be Filed Date: 5/31/17. information relating to filing effective 6/1/2017. Accession Number: 20170531–5165. requirements, interventions, protests, Filed Date: 5/31/17. Comments Due: 5 p.m. ET 6/12/17. service, and qualifying facilities filings Accession Number: 20170531–5028. Docket Numbers: RP17–792–000. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 6/12/17. Applicants: Florida Gas Transmission docs-filing/efiling/filing-req.pdf. For Docket Numbers: RP17–785–000. Company, LLC. other information, call (866) 208–3676 Applicants: Gulf South Pipeline Description: § 4(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. Company, LP. Negotiated Rates Filing on 5–31–17 to Dated: May 31, 2017. Description: § 4(d) Rate Filing: Cap be effective 6/1/2017. Kimberly D. Bose, Rel Neg Rate Agmts (Atlanta 8438 to Filed Date: 5/31/17. various eff 6–1–2017) to be effective Secretary. Accession Number: 20170531–5181. 6/1/2017. Comments Due: 5 p.m. ET 6/12/17. [FR Doc. 2017–12166 Filed 6–12–17; 8:45 am] Filed Date: 5/31/17. BILLING CODE 6717–01–P Docket Numbers: RP17–793–000. Accession Number: 20170531–5035. Applicants: Rover Pipeline LLC. Comments Due: 5 p.m. ET 6/12/17. Description: § 4(d) Rate Filing: DEPARTMENT OF ENERGY Docket Numbers: RP17–786–000. Housekeeping to be effective 7/1/2017. Applicants: Gulf South Pipeline Filed Date: 5/31/17. Federal Energy Regulatory Company, LP. Accession Number: 20170531–5185. Commission Description: § 4(d) Rate Filing: Cap Comments Due: 5 p.m. ET 6/12/17. Rel Neg Rate Agmts (Encana 37663 to Docket Numbers: RP17–794–000. Combined Notice of Filings Texla 48240, Spotlight 48242) to be Applicants: Ruby Pipeline, L.L.C. effective 6/1/2017. Description: § 4(d) Rate Filing: EPC Take notice that the Commission has Filed Date: 5/31/17. received the following Natural Gas and FL&U Update to be effective Accession Number: 20170531–5038. 7/1/2017. Pipeline Rate and Refund Report filings: Comments Due: 5 p.m. ET 6/12/17. Filed Date: 5/31/17. Filings Instituting Proceedings Docket Numbers: RP17–787–000. Accession Number: 20170531–5186. Applicants: MarkWest Pioneer, L.L.C. Docket Numbers: RP17–780–000. Comments Due: 5 p.m. ET 6/12/17. Description: § 4(d) Rate Filing: Applicants: Gulfstream Natural Gas Docket Numbers: RP17–795–000. Quarterly FRP Filing to be effective System, L.L.C. Applicants: MarkWest New Mexico, 7/1/2017. L.L.C. Description: § 4(d) Rate Filing: Name Filed Date: 5/31/17. Change Cleanup Filing to be effective Accession Number: 20170531–5079. Description: § 4(d) Rate Filing: 7/1/2017. Comments Due: 5 p.m. ET 6/12/17. Ministerial Filing to Update Contact Filed Date: 5/31/17. Information to be effective 7/1/2017. Accession Number: 20170531–5015. Docket Numbers: RP17–788–000. Filed Date: 5/31/17. Comments Due: 5 p.m. ET 6/12/17. Applicants: Enable Gas Transmission, Accession Number: 20170531–5188. LLC. Comments Due: 5 p.m. ET 6/12/17. Docket Numbers: RP17–781–000. Description: § 4(d) Rate Filing: Applicants: Southeast Supply Header, Negotiated Rate Filing—June 2017 XTO Docket Numbers: RP17–796–000. LLC. 1010983 to be effective 6/1/2017. Applicants: Gulf South Pipeline Description: § 4(d) Rate Filing: Name Filed Date: 5/31/17. Company, LP. Change and Contact Cleanup to be Accession Number: 20170531–5112. Description: § 4(d) Rate Filing: effective 7/1/2017. Comments Due: 5 p.m. ET 6/12/17. Superseding Amendment to Neg Rate Filed Date: 5/31/17. Agmt (FPL 41619–13) to be effective Docket Numbers: RP17–789–000. Accession Number: 20170531–5021. Applicants: Northern Natural Gas 4/1/2017. Comments Due: 5 p.m. ET 6/12/17. Company. Filed Date: 5/31/17. Docket Numbers: RP17–782–000. Description: § 4(d) Rate Filing: 2017 Accession Number: 20170531–5204. Applicants: Texas Gas Transmission, Negotiated Rates to be effective Comments Due: 5 p.m. ET 6/12/17. LLC. 6/1/2017. Docket Numbers: RP17–797–000. Description: § 4(d) Rate Filing: Neg Filed Date: 5/31/17. Applicants: Colorado Interstate Gas Rate Agmts Filing (Indianapolis P&L Accession Number: 20170531–5115. Company, L.L.C. 34016, 34017) to be effective 6/1/2017. Comments Due: 5 p.m. ET 6/12/17. Description: § 4(d) Rate Filing: LUF Filed Date: 5/31/17. Docket Numbers: RP17–790–000. Quarterly Filing to be effective Accession Number: 20170531–5026. Applicants: Transcontinental Gas 7/1/2017. Comments Due: 5 p.m. ET 6/12/17. Pipe Line Company. Filed Date: 5/31/17. Docket Numbers: RP17–783–000. Description: § 4(d) Rate Filing: Accession Number: 20170531–5272. Applicants: Texas Gas Transmission, Negotiated Rates—Cherokee AGL— Comments Due: 5 p.m. ET 6/12/17. LLC. Replacement Shippers—Jun 2017 to be Docket Numbers: RP17–798–000. Description: § 4(d) Rate Filing: Cap effective 6/1/2017. Applicants: Northern Natural Gas Rel Neg Rate Agmt (Gulfport 35446 to Filed Date: 5/31/17. Company. BP 36341) to be effective 6/1/2017. Accession Number: 20170531–5128. Description: § 4(d) Rate Filing: Filed Date: 5/31/17. Comments Due: 5 p.m. ET 6/12/17. 20170531 Title Change Filing to be Accession Number: 20170531–5027. Docket Numbers: RP17–791–000. effective 6/1/2017. Comments Due: 5 p.m. ET 6/12/17. Applicants: Dominion Energy Questar Filed Date: 5/31/17. Docket Numbers: RP17–784–000. Pipeline, LLC. Accession Number: 20170531–5279. Applicants: Texas Gas Transmission, Description: § 4(d) Rate Filing: Pt. 3 Comments Due: 5 p.m. ET 6/12/17. LLC. Sec. 16.4 Version 2.0.0—Conditioning Docket Numbers: RP17–799–000.

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Applicants: El Paso Natural Gas Description: Fuel, Lost and Accession Number: 20170601–5211. Company, L.L.C. Unaccounted For Gas Retention Rate Comments Due: 5 p.m. ET 6/13/17. Description: § 4(d) Rate Filing: Non- Report of Discovery Gas Transmission Docket Numbers: RP17–814–000. Conforming Agreement Update (SRP) to LLC. Applicants: Dominion Energy be effective 6/1/2017. Filed Date: 5/31/17. Transmission, Inc. Filed Date: 5/31/17. Accession Number: 20170531–5369. Description: § 4(d) Rate Filing: DETI— Accession Number: 20170531–5326. Comments Due: 5 p.m. ET 6/12/17. Baseline Filing of FERC Gas Tariff, Comments Due: 5 p.m. ET 6/12/17. Docket Numbers: RP17–807–000. Volume Nos. 1, 1B, and 2 to be effective Docket Numbers: RP17–800–000. Applicants: Alliance Pipeline L.P. 6/1/2017. Applicants: Southern Star Central Gas Description: § 4(d) Rate Filing: Filed Date: 6/1/17. Pipeline, Inc. Negotiated Rate Filing PAL June 2017 to Accession Number: 20170601–5215. Description: § 4(d) Rate Filing: Vol 2— be effective 6/1/2017. Comments Due: 5 p.m. ET 6/13/17. Negotiated and Non-Conforming Filed Date: 6/1/17. Docket Numbers: RP17–815–000. Flexible Park & Loan—Tenaska to be Accession Number: 20170601–5118 Applicants: Dominion Energy Cove effective 6/1/2017. Comments Due: 5 p.m. ET 6/13/17. Point LNG, LP. Filed Date: 5/31/17. Docket Numbers: RP17–808–000. Description: Tariff Cancellation: Accession Number: 20170531–5342. Applicants: Algonquin Gas DECP—Cancellation of First Revised Comments Due: 5 p.m. ET 6/12/17. Transmission, LLC. Volume No. 1 to be effective 6/1/2017. Docket Numbers: RP17–801–000. Description: § 4(d) Rate Filing: AFT– Filed Date: 6/1/17. Applicants: Kern River Gas E and AFT–ES Filing to Update Tariff Accession Number: 20170601–5230. Transmission Company. Language to be effective 8/1/2017. Comments Due: 5 p.m. ET 6/13/17. Description: § 4(d) Rate Filing: 2017 Filed Date: 6/1/17. Docket Numbers: RP17–816–000. Update Title Pages to be effective Accession Number: 20170601–5120. Applicants: Dominion Energy 6/1/2017. Comments Due: 5 p.m. ET 6/13/17. Carolina Gas Transmission. Filed Date: 6/1/17. Docket Numbers: RP17–809–000. Description: Tariff Cancellation: Accession Number: 20170601–5000. Applicants: Dauphin Island Gathering DECG—Cancellation of Third Revised Comments Due: 5 p.m. ET 6/13/17. Partners. Volume Nos. 1 and 1.1 to be effective Docket Numbers: RP17–802–000. Description: § 4(d) Rate Filing: 6/1/2017. Applicants: Equitrans, L.P. Negotiated Rate Filing 6–1–2017 to be Filed Date: 6/1/17. Description: § 4(d) Rate Filing: effective 6/1/2017. Accession Number: 20170601–5231. Negotiated Capacity Release Filed Date: 6/1/17. Comments Due: 5 p.m. ET 6/13/17. Agreements—6/1/17 to be effective Accession Number: 20170601–5156. Docket Numbers: RP17–817–000. 6/1/2017. Comments Due: 5 p.m. ET 6/13/17. Filed Date: 6/1/17. Applicants: ANR Pipeline Company. Accession Number: 20170601–5008. Docket Numbers: RP17–810–000. Description: § 4(d) Rate Filing: CNE Comments Due: 5 p.m. ET 6/13/17. Applicants: Dominion Energy Gas Supply Neg Rate Agmts to be Carolina Gas Transmission. effective 6/1/2017. Docket Numbers: RP17–803–000. Description: § 4(d) Rate Filing: Filed Date: 6/1/17. Applicants: Gulf South Pipeline DECG—Baseline Filing of FERC Gas Accession Number: 20170601–5232. Company, LP. Tariff, Fourth Revised Volume Nos. 1 Comments Due: 5 p.m. ET 6/13/17. Description: § 4(d) Rate Filing: and 1.1 to be effective 6/1/2017. Amendments to Neg Rate Agmts Docket Numbers: RP17–818–000. Filed Date: 6/1/17. (Southern 41616, 41617) to be effective Applicants: Dominion Energy Accession Number: 20170601–5182. 6/1/2017. Transmission, Inc. Filed Date: 6/1/17. Comments Due: 5 p.m. ET 6/13/17. Description: Tariff Cancellation: Accession Number: 20170601–5011. Docket Numbers: RP17–811–000. DETI—Cancellation of FERC Gas Tariff, Comments Due: 5 p.m. ET 6/13/17. Applicants: Peregrine Oil & Gas II, Volume Nos. 1, 1A, 1B, and 2 to be Docket Numbers: RP17–804–000. LLC v. Texas Eas. effective 6/1/2017. Applicants: Tennessee Gas Pipeline Description: Formal Complaint of Filed Date: 6/1/17. Company, L.L.C. Peregrine Oil & Gas II, LLC. Accession Number: 20170601–5248. Description: § 4(d) Rate Filing: Filed Date: 6/1/17. Comments Due: 5 p.m. ET 6/13/17. Volume No. 2 Seneca Resources SP Accession Number: 20170601–5183. Docket Numbers: RP17–819–000. 97126 Exhibit A Amendment to be Comments Due: 5 p.m. ET 6/13/17. Applicants: Sabal Trail Transmission, effective 7/1/2017. Docket Numbers: RP17–812–000. LLC. Filed Date: 6/1/17. Applicants: Dominion Energy Cove Description: § 4(d) Rate Filing: Accession Number: 20170601–5082. Point LNG, LP. Negotiated rate and Non-Conforming— Comments Due: 5 p.m. ET 6/13/17. Description: § 4(d) Rate Filing: FPL—850001 to be effective 7/1/2017. Docket Numbers: RP17–805–000. DECP—Baseline Filing of FERC Gas Filed Date: 6/1/17. Applicants: Kinder Morgan Louisiana Tariff, Second Revised Volume No. 1 to Accession Number: 20170601–5262. Pipeline LLC. be effective 6/1/2017. Comments Due: 5 p.m. ET 6/13/17. Description: Period Rate Adjustment Filed Date: 6/1/17. Docket Numbers: RP17–820–000. Filing of Kinder Morgan Louisiana Accession Number: 20170601–5206. Applicants: Northern Natural Gas Pipeline LLC. Comments Due: 5 p.m. ET 6/13/17. Company. Filed Date: 5/31/17. Docket Numbers: RP17–813–000. Description: § 4(d) Rate Filing: Accession Number: 20170531–5367. Applicants: Empire Pipeline, Inc. 20170501 MERC Non-Conforming to be Comments Due: 5 p.m. ET 6/12/17. Description: § 4(d) Rate Filing: effective 11/1/2017. Docket Numbers: RP17–806–000. Negotiated Rate Change to be effective Filed Date: 6/1/17. Applicants: Discovery Gas 7/3/2017. Accession Number: 20170601–5287. Transmission LLC. Filed Date: 6/1/17. Comments Due: 5 p.m. ET 6/13/17.

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The filings are accessible in the notice by the Commission. The For assistance, call 1–866–208–3676 or Commission’s eLibrary system by Commission strongly encourages email [email protected], for clicking on the links or querying the electronic filing. Please file comments, TTY, call (202) 502–8659. A copy is also docket number. motions to intervene, and protests using available for inspection and Any person desiring to intervene or the Commission’s eFiling system at reproduction at the Commission’s protest in any of the above proceedings http://www.ferc.gov/docs-filing/ Public Reference Room, located at 888 must file in accordance with Rules 211 efiling.asp. Commenters can submit First Street NE., Room 2A, Washington, and 214 of the Commission’s brief comments up to 6,000 characters, DC 20426, or by calling (202) 502–8371. Regulations (18 CFR 385.211 and without prior registration, using the m. Individuals desiring to be included 385.214) on or before 5:00 p.m. Eastern eComment system at http:// on the Commission’s mailing list should time on the specified comment date. www.ferc.gov/docs-filing/ so indicate by writing to the Secretary Protests may be considered, but ecomment.asp. You must include your of the Commission. name and contact information at the end intervention is necessary to become a n. Comments, Protests, or Motions to of your comments. For assistance, party to the proceeding. Intervene: Anyone may submit please contact FERC Online Support at eFiling is encouraged. More detailed comments, a protest, or a motion to [email protected], (866) information relating to filing intervene in accordance with the 208–3676 (toll free), or (202) 502–8659 requirements, interventions, protests, requirements of Rules of Practice and (TTY). In lieu of electronic filing, please service, and qualifying facilities filings Procedure, 18 CFR 385.210, .211, .214, send a paper copy to: Secretary, Federal can be found at: http://www.ferc.gov/ respectively. In determining the Energy Regulatory Commission, 888 docs-filing/efiling/filing-req.pdf. For appropriate action to take, the First Street NE., Washington, DC 20426. other information, call (866) 208–3676 Commission will consider all protests or (toll free). For TTY, call (202) 502–8659. The first page of any filing should include docket number P–2100–180. other comments filed, but only those Dated: June 5, 2017. Comments emailed to Commission staff who file a motion to intervene in Kimberly D. Bose, are not considered part of the accordance with the Commission’s Secretary. Commission record. Rules may become a party to the [FR Doc. 2017–12167 Filed 6–12–17; 8:45 am] k. Description of Request: Flood proceeding. Any comments, protests, or BILLING CODE 6717–01–P events in February 2017 caused motions to intervene must be received extensive erosion to the service and on or before the specified comment date emergency spillways at the Oroville for the particular application. DEPARTMENT OF ENERGY Dam, part of the Feather River o. Filing and Service of Documents: Hydroelectric Project. The area has been Any filing must (1) bear in all capital Federal Energy Regulatory declared a federal major disaster. To letters the title COMMENTS, PROTEST, Commission protect public safety, DWR must restore or MOTION TO INTERVENE as [Project No. 2100–180] project function before the wet season applicable; (2) set forth in the heading returns in late 2017. The erosion at the the name of the applicant and the California Department of Water spillways compromised two towers project number of the application to Resources; Notice of Application To supporting primary transmission lines. which the filing responds; (3) furnish Amend License and Accepted for As part of DWR’s broad emergency the name, address, and telephone Filing, Soliciting Comments, Motions response and recovery efforts, DWR number of the person protesting or To Intervene, and Protests proposes to permanently relocate intervening; and (4) otherwise comply approximately two miles of the 230-kV with the requirements of 18 CFR Take notice that the following transmission lines onto lands across the 385.2001 through 385.2005. All hydroelectric application has been filed Feather River from the damaged comments, motions to intervene, or with the Commission in Project No. spillways outside the current project protests must set forth their evidentiary 2100–000 and is available for public boundary. The relocation would avoid basis and otherwise comply with the inspection: future damage to the transmission lines, requirements of 18 CFR 4.34(b). All a. Application Type: Non-Capacity facilitate reconstruction of the comments, motions to intervene, or Amendment of License. spillways, and restore a reliable route protests should relate to project works b. Project No: 2100–180. for electricity to and from the dam’s which are the subject of the license c. Date Filed: May 17, 2017. power plant. Given the urgent need to amendment. Agencies may obtain d. Applicant: California Department complete the recovery effort, copies of the application directly from of Water Resources (DWR). Commission staff have accepted the the applicant. A copy of any protest or e. Name of Project: Feather River May 17 filing as an application for a motion to intervene must be served Hydroelectric Project. non-capacity amendment of the project upon each representative of the f. Location: On the Feather River in license. On June 1, 2017, Commission applicant named in the May 17 filing. If Butte County, California. staff issued a letter to DWR requesting an intervener files comments or g. Filed Pursuant to: Federal Power additional information. documents with the Commission Act, 16 U.S.C. 791a—825r. l. Locations of the Application: This relating to the merits of an issue that h. Applicant Contact: Gail Kuenster, filing may be viewed on the may affect the responsibilities of a 1416 Ninth Street, P.O. Box 942836, Commission’s Web site at http:// particular resource agency, they must Sacramento, CA 94236–000, (916) 376– www.ferc.gov/docs-filing/elibrary.asp. also serve a copy of the document on 9780; [email protected]. Enter the docket number P–2100 in the that resource agency. i. FERC Contact: John Aedo, (415) docket number field to access the 369–3335, or by email at john.aedo@ document. You may also register online Dated: June 7, 2017. ferc.gov. at http://www.ferc.gov/docs-filing/ Kimberly D. Bose, j. Deadline for filing comments, esubscription.asp to be notified via Secretary. motions to intervene, and protests: 15 email of new filings and issuances [FR Doc. 2017–12228 Filed 6–12–17; 8:45 am] days from the issuance date of this related to this or other pending projects. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY natural gas pipeline facilities. The Commission, and one landowner. The proposed project is known as the primary issues raised by the Federal Energy Regulatory Wekiva Parkway Relocation Project commentors are assuring that proper Commission (Project), and would relocate and wildlife habitat surveys and a Phase 1 replace sections of the existing Florida Cultural Survey be conducted. [Docket No. EL17–71–000] Gas 12-inch-diameter and 26-inch- Landowner comments were limited to DTE Electric Company; Notice of diameter Sanford Lateral pipelines that concerns about individual property use Institution of Section 206 Proceeding conflict with construction of the Florida and impacts. and Refund Effective Date Department of Transportation’s Wekiva Parkway. Additional Information On June 7, 2017, a letter order was On March 29, 2017, the Federal In order to receive notification of the issued in Docket No. EL17–71–000 by Energy Regulatory Commission issuance of the EA and to keep track of the Director, Division of Electric (Commission or FERC) issued its Notice all formal issuances and submittals in Power—Central, Office of Energy Market of Application for the Project. Among specific dockets, the Commission offers Regulation, pursuant to section 206 of other things, that notice alerted agencies a free service called eSubscription. This the Federal Power Act (FPA), 16 U.S.C. issuing federal authorizations of the can reduce the amount of time you 824e (2012), instituting an investigation requirement to complete all necessary spend researching proceedings by into whether the proposed rate decrease reviews and to reach a final decision on automatically providing you with of DTE Electric Company associated a request for a federal authorization notification of these filings, document with its cost-based revenue within 90 days of the date of issuance summaries, and direct links to the requirements for the provision of of the Commission staff’s Environmental documents. Go to www.ferc.gov/docs- Reactive Supply and Voltage Control Assessment (EA) for the Project. This filing/esubscription.asp. from Generation Sources Service in the instant notice identifies the FERC staff’s Additional information about the Midcontinent Independent System planned schedule for the completion of Project is available from the Operator, Inc. region may be unjust, the EA for the Project. Commission’s Office of External Affairs unreasonable, unduly discriminatory or Schedule for Environmental Review at (866) 208–FERC or on the FERC Web preferential. DTE Electric Company, 159 site (www.ferc.gov). Using the eLibrary FERC ¶ 62,251 (2017). Issuance of EA July 28, 2017 link, select General Search from the 90-day Federal Authorization Decision The refund effective date in Docket eLibrary menu, enter the selected date Deadline October 26, 2017 No. EL17–71–000, established pursuant range and Docket Number excluding the to section 206(b) of the FPA, will be the If a schedule change becomes last three digits (i.e., CP17–79), and date of publication of this notice in the necessary, additional notice will be follow the instructions. For assistance Federal Register. provided so that the relevant agencies with access to eLibrary, the helpline can Any interested person desiring to be are kept informed of the Project’s be reached at (866) 208–3676, TTY (202) heard in Docket No. EL17–71–000 must progress. 502–8659, or at FERCOnlineSupport@ file a notice of intervention or motion to Project Description ferc.gov. The eLibrary link on the FERC intervene, as appropriate, with the The Project would abandon in place Web site also provides access to the Federal Energy Regulatory Commission, and relocate 4.60 miles of 12-inch- texts of formal documents issued by the 888 First Street NE., Washington, DC diameter Sanford Lateral pipeline and Commission, such as orders, notices, 20426, in accordance with Rule 214 of 3.16 miles of 26-inch-diameter Sanford and rule makings. the Commission’s Rules of Practice and Lateral Loop pipeline in Lake and Dated: June 7, 2017. Procedure, 18 CFR 385.214, within 21 Seminole Counties, Florida. The Project Kimberly D. Bose, days of the date of issuance of the order. intent is to resolve conflicts between the Secretary. Dated: June 7, 2017. existing pipeline facilities and [FR Doc. 2017–12224 Filed 6–12–17; 8:45 am] Kimberly D. Bose, construction of the Florida Department BILLING CODE 6717–01–P Secretary. of Transportation’s new State Road (SR) [FR Doc. 2017–12226 Filed 6–12–17; 8:45 am] 429, Wekiva Parkway. Florida Gas BILLING CODE 6717–01–P proposes to relocate the affected DEPARTMENT OF ENERGY pipeline sections to new adjacent right- of-way abutting the north side of Federal Energy Regulatory DEPARTMENT OF ENERGY existing SR 429 right-of-way. Commission Federal Energy Regulatory Background Combined Notice of Filings #2 Commission On April 18, 2017, the Commission issued a Notice of Intent to Prepare an Take notice that the Commission [Docket No. CP17–79–000] Environmental Assessment for the received the following electric corporate Proposed Wekiva Parkway Relocation filings: Florida Gas Transmission Company, Docket Numbers: EC17–119–000. L.L.C; Notice of Schedule for Project and Request for Comments on Applicants: Drift Sand Wind Project, Environmental Review of the Wekiva Environmental Issues (NOI). The NOI LLC. Parkway Relocation Project was sent to affected landowners; federal, state, and local government agencies; Description: Amendment to May 18, On March 16, 2017, Florida Gas elected officials; environmental and 2017 Application Under Section 203 of Transmission Company, L.L.C (Florida public interest groups; Native American the Federal Power Act and Request for Gas) filed an application in Docket No. tribes; other interested parties; and local Shortened Notice Period of Drift Sand CP17–79–000 requesting a Certificate of libraries and newspapers. In response to Wind Project, LLC. Public Convenience and Necessity the NOI, the Commission received Filed Date: 5/22/17. pursuant to Section 7(c) of the Natural comments from the Seminole Tribe of Accession Number: 20170522–5192. Gas Act to construct and operate certain Florida, Florida Fish and Wildlife Comments Due: 5 p.m. ET 6/8/17.

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Take notice that the Commission The filings are accessible in the Applicants: Clean Energy Future— received the following electric rate Commission’s eLibrary system by Lordstown, LLC. filings: clicking on the links or querying the Description: Request for Limited Docket Numbers: ER12–540–007; docket number. Waiver and Expedited Action of Clean ER10–1346–006; ER10–1348–006; Any person desiring to intervene or Energy Future Lordstown, LLC. ER12–539–007. protest in any of the above proceedings Filed Date: 6/6/17. Applicants: APDC, Inc., Atlantic must file in accordance with Rules 211 Accession Number: 20170606–5087. Power Energy Services (US) LLC, and 214 of the Commission’s Comments Due: 5 p.m. ET 6/20/17. ManChief Power Company LLC, Regulations (18 CFR 385.211 and Docket Numbers: ER17–1761–000. Frederickson Power L.P. 385.214) on or before 5:00 p.m. Eastern Applicants: Clean Energy Future— Description: Supplement to December time on the specified comment date. Lordstown, LLC. 21, 2016 Triennial market power update Protests may be considered, but Description: Request for Limited for Northwest region of APDC, Inc., et. intervention is necessary to become a Waiver and Expedited Action of Clean al. party to the proceeding. Energy Future—Lordstown, LLC. Filed Date: 6/7/17. eFiling is encouraged. More detailed Filed Date: 6/6/17. Accession Number: 20170606–5106. Accession Number: 20170607–5118. information relating to filing Comments Due: 5 p.m. ET 6/20/17. Comments Due: 5 p.m. ET 6/28/17. requirements, interventions, protests, service, and qualifying facilities filings Docket Numbers: ER17–1762–000. Docket Numbers: ER10–2124–016. Applicants: Mid-Atlantic Interstate Applicants: Spring Canyon Energy can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For Transmission, LLC, PJM LLC. Interconnection, L.L.C. Description: Second Supplement to other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Description: § 205(d) Rate Filing: December 23, 2016 Triennial Report of MAIT submits Interconnection Spring Canyon Energy LLC. Dated: June 7, 2017. Agreement SA No. 4562 to be effective Filed Date: 6/7/17. Kimberly D. Bose, 8/5/2017. Accession Number: 20170607–5086. Secretary. Filed Date: 6/6/17. Comments Due: 5 p.m. ET 6/28/17. [FR Doc. 2017–12223 Filed 6–12–17; 8:45 am] Accession Number: 20170606–5147. Docket Numbers: ER10–2135–012. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 6/27/17. Applicants: Spindle Hill Energy LLC. Docket Numbers: ER17–1763–000. Description: Second Supplement to Applicants: Playa Solar 1, LLC. December 23, 2016 Triennial Report of DEPARTMENT OF ENERGY Description: § 205(d) Rate Filing: Spindle Hill Energy LLC. Amended and Restated Shared Facilities Filed Date: 6/7/17. Federal Energy Regulatory Common Ownership Agreement to be Accession Number: 20170607–5084. Commission effective 6/7/2017. Comments Due: 5 p.m. ET 6/28/17. Filed Date: 6/6/17. Combined Notice of Filings #1 Docket Numbers: ER16–1720–002. Accession Number: 20170606–5148. Applicants: Invenergy Energy Take notice that the Commission Comments Due: 5 p.m. ET 6/27/17. Management LLC. received the following electric rate Docket Numbers: ER17–1764–000. Description: Third Supplement to filings: Applicants: Playa Solar 2, LLC. December 23, 2016 Triennial Report for Docket Numbers: ER14–2140–006; Description: § 205(d) Rate Filing: the Northwest Region of Invenergy ER14–2141–006;ER15–632–006 ER15– Amended and Restated Shared Facilities Energy Management LLC. 634–006; ER14–2466–007; ER14–2465– Common Ownership Agreement to be Filed Date: 6/7/17. 007 ER15–1952–004; ER14–2939–004; effective 6/7/2017. Accession Number: 20170607–5087. ER15–2728–006. Filed Date: 6/6/17. Accession Number: 20170606–5149. Comments Due: 5 p.m. ET 6/28/17. Applicants: Mulberry Farm, LLC, Comments Due: 5 p.m. ET 6/27/17. Docket Numbers: ER17–1770–000. Selmer Farm, LLC, CID Solar, LLC, Applicants: PJM Interconnection, Cottonwood Solar, LLC, RE Camelot Docket Numbers: ER17–1765–000. L.L.C. LLC, RE Columbia Two LLC, Pavant Applicants: Public Service Company Description: Tariff Cancellation: Solar, LLC, Imperial Valley Solar of Colorado. Description: § 205(d) Rate Filing: Notice of Cancellation of 1st Revised Company (IVSC) 2, Maricopa West Solar 20170606 Grand Valley Amended PPA Service Agreement No. 4633, Queue PV, LLC. to be effective 5/17/2017. #AB1–026 to be effective 5/24/2017. Description: Supplement to April 26, Filed Date: 6/7/17. Filed Date: 6/6/17. 2017 Notice of Non-Material Change in Accession Number: 20170606–5152. Accession Number: 20170607–5074. Status of the Dominion Companies. Comments Due: 5 p.m. ET 6/27/17. Comments Due: 5 p.m. ET 6/28/17. Filed Date: 6/7/17. Accession Number: 20170607–5022. Docket Numbers: ER17–1766–000. Take notice that the Commission Applicants: Avista Corporation. Comments Due: 5 p.m. ET 6/28/17. received the following PURPA Description: § 205(d) Rate Filing: 210(m)(3) filings: Docket Numbers: ER17–1488–001. Avista Corp Rate Schedule No. T–0360 Docket Numbers: QM17–4–000. Applicants: PJM Interconnection, BPA WOH to be effective 6/7/2017. Applicants: Big Rivers Electric L.L.C. Filed Date: 6/6/17. Corporation. Description: Tariff Amendment: Errata Accession Number: 20170606–5153. Description: Big Rivers Electric to attachments for SA No. 2554, Queue Comments Due: 5 p.m. ET 6/27/17. Corporation’s Application to Terminate No. Z1–087 submitted in ER17–1488 to Docket Numbers: ER17–1767–000. Purchase Obligation for QFs Greater be effective 1/9/2017. Applicants: Public Service Company Than 20 MW. Filed Date: 6/6/17. of Colorado. Filed Date: 6/7/17. Accession Number: 20170606–5151. Description: § 205(d) Rate Filing: Accession Number: 20170607–5104. Comments Due: 5 p.m. ET 6/27/17. 20170606 Yampa Valley 2nd Amended Comments Due: 5 p.m. ET 7/5/17. Docket Numbers: ER17–1760–000. PPA to be effective 4/28/2017.

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Filed Date: 6/6/17. SUMMARY: The Administrator, Arkansas, Missouri, Oklahoma, and Accession Number: 20170606–5154. Southwestern Power Administration Texas. Southwestern’s marketing area Comments Due: 5 p.m. ET 6/27/17. (Southwestern), completed an annual includes these states plus Kansas and Docket Numbers: ER17–1768–000. review of the continuing adequacy of Louisiana. The costs associated with the Applicants: Public Service Company the existing hydroelectric power rates hydropower facilities of 22 of the 24 of Colorado. for the Integrated System which are in projects are repaid via revenues Description: § 205(d) Rate Filing: effect through September 30, 2017. This received under the Integrated System 20170606 4th Amended IREA PPA to be review, included within the 2017 rates, as are the costs associated with effective 4/28/2017. Integrated System Power Repayment Southwestern’s transmission facilities Filed Date: 6/6/17. Study (PRS), indicated the need for a that consist of 1,380 miles of high- Accession Number: 20170606–5155. revenue adjustment of 0.7 percent to voltage transmission lines, 27 Comments Due: 5 p.m. ET 6/27/17. continue to satisfy cost recovery criteria. substations, and 46 microwave and VHF Docket Numbers: ER17–1769–000. Because the 0.7 percent revenue radio sites. Costs associated with the Applicants: Solar Star Oregon II, LLC. adjustment is within Southwestern’s Sam Rayburn and Robert D. Willis Description: Baseline eTariff Filing: established ± 2 percent rate adjustment Dams, two Corps projects that are Baseline new to be effective 12/31/9998. threshold, the Administrator has isolated hydraulically, electrically, and Filed Date: 6/6/17. deferred the revenue adjustment and is financially from the Integrated System, Accession Number: 20170606–5156. proposing, to the Deputy Secretary for are repaid by separate rate schedules Comments Due: 5 p.m. ET 6/27/17. interim approval, a two-year extension and are not addressed in this notice. of the Integrated System Rate Schedules Take notice that the Commission Decision Rationale received the following qualifying for the period October 1, 2017 to facility filings: September 30, 2019. Southwestern’s Southwestern’s current Integrated Docket Numbers: QF17–1062–000. current Integrated System Rate System Rate Schedules (P–13, NFTS– Applicants: UE–00501MD, LLC. Schedules P–13, NFTS–13A, and EE–13 13A, and EE–13) are based on the 2013 Description: Form 556 of UE– are set to expire September 30, 2017. PRS. Each subsequent annual PRS, 00501MD, LLC. DATES: Written comments are due on or through 2017, has indicated the need for Filed Date: 6/5/17. before July 13, 2017. a revenue adjustment that fell within a plus or minus two percent range. It is Accession Number: 20170605–5117. ADDRESSES: Comments should be Comments Due: None Applicable. submitted to Marshall Boyken, Senior Southwestern’s practice to defer The filings are accessible in the Vice President and Chief Operating revenue adjustments for the Integrated Commission’s eLibrary system by Officer, Office of Corporate Operations, System if such adjustments are within clicking on the links or querying the Southwestern Power Administration, plus or minus two percent of the docket number. U.S. Department of Energy, One West revenue estimated from the current Any person desiring to intervene or Third Street, Tulsa, Oklahoma 74103, Integrated System Rate Schedules. The protest in any of the above proceedings (918) 595–6646, marshall.boyken@ deferral of a revenue adjustment (rate must file in accordance with Rules 211 swpa.gov. change) provides for rate stability and savings on the administrative cost of and 214 of the Commission’s FOR FURTHER INFORMATION CONTACT: Regulations (18 CFR 385.211 and implementation, and recognizes that the Marshall Boyken, Senior Vice President revenue sufficiency will be re-examined 385.214) on or before 5:00 p.m. Eastern and Chief Operating Officer, Office of time on the specified comment date. in the following year’s PRS. Therefore, Corporate Operations, Southwestern in line with the annual PRS results, Protests may be considered, but Power Administration, U.S. Department intervention is necessary to become a Southwestern has deferred revenue of Energy, One West Third Street, Tulsa, adjustments in 2014, 2015, 2016 and party to the proceeding. Oklahoma 74103, (918) 595–6646, 2017. The most recent deferral was in eFiling is encouraged. More detailed [email protected]. information relating to filing response to the 2017 Integrated System SUPPLEMENTARY INFORMATION: Originally requirements, interventions, protests, PRS, which concluded that the annual established by Secretarial Order No. revenues needed to be increased by 0.7 service, and qualifying facilities filings 1865 of the Secretary of the Interior percent. It was determined to be can be found at: http://www.ferc.gov/ dated August 31, 1943, Southwestern is prudent to defer the increase in docs-filing/efiling/filing-req.pdf. For a Federal Power Marketing accordance with the established ± 2 other information, call (866) 208–3676 Administration within the U.S. percent threshold, allowing the current (toll free). For TTY, call (202) 502–8659. Department of Energy (DOE), transferred Integrated System Rate Schedules, Dated: June 7, 2017. to DOE by the Department of Energy which are set to expire September 30, Kimberly D. Bose, Organization Act, Public Law 95–91, 2017, to remain in effect. Secretary. dated August 4, 1977. Guidelines for Therefore, Southwestern is proposing [FR Doc. 2017–12227 Filed 6–12–17; 8:45 am] rate extensions are under Title 10, an extension of the current Integrated BILLING CODE 6717–01–P subpart A of the Code of Federal System Rate Schedules, for the period Regulations (10 CFR 903.23). Procedures October 1, 2017 to September 30, 2019. for the confirmation and approval of In accordance with 10 CFR 903.22(h) DEPARTMENT OF ENERGY rates for the Federal Power Marketing and 903.23(a)(3), the Deputy Secretary Administrations are found at Title 18, of Energy may extend existing rates on Southwestern Power Administration chapter I, subchapter L of the Code of an interim basis beyond the period Federal Regulations (18 CFR part 300). specified by the Federal Energy Integrated System Rate Schedules Southwestern markets power from 24 Regulatory Commission (FERC). AGENCY: Southwestern Power multi-purpose reservoir projects with The current Integrated System Rate Administration, DOE. hydroelectric power facilities Schedules were placed in effect on an constructed and operated by the U.S. interim basis by the Deputy Secretary of ACTION: Notice of public review and Army Corps of Engineers (Corps). These Energy effective September 1, 2013, and comment on proposed extension. projects are located in the states of were confirmed and approved by the

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FERC on a final basis on January 9, two nonbinding guidance documents timing and form of notice given. The 2014, for a period that ends September (described in the proposed settlement guidance would explicitly be a 30, 2017. Since the current Integrated agreement) recommending public nonbinding recommendation. As System Rate Schedules were first placed notification practices concerning the described in paragraph 3 of the in effect, there has been one change. A submission and approval of ambient air proposed settlement agreement, the specific section (2.3.6) within Non- monitoring network plans. The second guidance document would be Federal Transmission Service (NFTS) comment period on the proposed sent to EPA regional offices, requesting rate schedule NFTS–13 was added to settlement agreement closed on that regions notify interested parties replace the stated-rate for customers February 21, 2017. EPA received two within 15 business days of EPA action taking Southwest Power Pool (SPP) requests to review and comment on the on a network plan and that approved Network Integration Transmission draft guidance before issuance. The network plans be uploaded to EPA Web Service (NITS) with a revenue- draft guidance documents are now site within 15 business days of requirement based methodology that available and will be placed in the approval. EPA received two requests includes determining the SPP NITS docket. This document reopens the from state agencies to review and Annual Revenue Requirement (ARR) comment period on the proposed comment on the draft guidance before portion of Southwestern’s NFTS ARR. settlement agreement for 30 days from issuance. The draft guidance documents The rate schedule was re-designated June 13, 2017 to July 13, 2017. EPA is are now available to consider in NFTS–13A to reflect the change to the soliciting comment on whether EPA commenting on the proposed settlement initial rate schedule. This rate schedule should proceed to finalize the agreement and will be placed in the change was placed in effect on an settlement. official docket for this action under interim basis by the Deputy Secretary of DATES: Written comments on the Docket ID No. EPA–HQ–OGC–2017– Energy effective January 1, 2017, and proposed settlement agreement must be 0030. EPA is hereby reopening the confirmed and approved on a final basis received by July 13, 2017. comment period on the proposed by the FERC on March 9, 2017, under settlement agreement for 30 days from docket EF14–1–001. This revision had ADDRESSES: Follow the detailed June 13, 2017 to July 13, 2017. EPA is no impact on the revenue requirements instructions provided under ADDRESSES soliciting comment on whether EPA for Southwestern’s Integrated System. in the Federal Register document of should proceed to finalize the No change was made to the original January 19, 2017 (82 FR 6532) (EPA– settlement. expiration date, September 30, 2017. HQ–OGC–2017–0030; FRL–9958–55– To submit comments, or access the The Administrator will review and OGC). docket, please follow the detailed consider all written comments and the FOR FURTHER INFORMATION CONTACT: instructions provided under ADDRESSES information gathered when submitting Jonathan Skinner-Thompson, Air and in the Federal Register document of the finalized Integrated System Rate Radiation Law Office (2344A), Office of January 19, 2017. If you have questions, Schedules Extension to the Deputy General Counsel, U.S. Environmental consult the person listed under FOR Secretary of Energy for confirmation and Protection Agency, 1200 Pennsylvania FURTHER INFORMATION CONTACT. approval on an interim basis. Ave. NW., Washington, DC 20460; Dated: May 3, 2017. Dated: May 31, 2017. telephone: (202) 564–0291; fax number Lorie J. Schmidt, (202) 564–5603; email address: skinner- Scott Carpenter, Associate General Counsel. [email protected]. Administrator. [FR Doc. 2017–12237 Filed 6–12–17; 8:45 am] SUPPLEMENTARY INFORMATION: This [FR Doc. 2017–12171 Filed 6–12–17; 8:45 am] BILLING CODE 6560–50–P document reopens the public comment BILLING CODE 6450–01–P period established in the Federal Register document of January 19, 2017. In that document, EPA announced a 30- FEDERAL COMMUNICATIONS ENVIRONMENTAL PROTECTION day public review period soliciting COMMISSION AGENCY comments on the proposed settlement [CC Docket No. 92–237; DA 17–542] [EPA–HQ–OGC–2017–0030; FRL–9962–52– agreement in Sierra Club v. EPA, No. OGC] 16–1158 (D.C. Cir.). The proposed Next Meeting of the North American settlement agreement would resolve Numbering Council Proposed Settlement Agreement, Sierra Club’s lawsuit challenging EPA’s AGENCY: Federal Communications Clean Air Act Petition for Review; final action titled ‘‘Revisions to Ambient Commission. Reopening of Comment Period Monitoring Quality Assurance and ACTION: Notice. AGENCY: Environmental Protection Other Requirements’’ upon EPA’s Agency (EPA). issuance of two nonbinding guidance SUMMARY: In this document, the ACTION: Notice; reopening of comment documents recommending public Commission released a public notice period. notification practices concerning the announcing the meeting and agenda of submission and approval of ambient air the North American Numbering Council SUMMARY: EPA issued a notice in the monitoring network plans. As described (NANC). The intended effect of this Federal Register on January 19, 2017, in paragraph 2 of the proposed action is to make the public aware of the soliciting comments on the proposed settlement agreement, one guidance NANC’s next meeting and agenda. settlement agreement in Sierra Club v. document would be sent to state and EPA, No. 16–1158 (D.C. Cir.). The local monitoring agencies DATES: Thursday, June 29, 2017, 10:00 proposed settlement agreement would recommending that air agencies make a.m. resolve Sierra Club’s lawsuit proposed network plans available on a ADDRESSES: Request to make an oral challenging EPA’s final action titled state Web site and notify interested statement or provide written comments ‘‘Revisions to Ambient Monitoring parties of plan availability for public to the NANC should be sent to Carmell Quality Assurance and Other comment. EPA would also request that Weathers, Competition Policy Division, Requirements’’ upon EPA’s sending of states confirm in a submitted plan the Wireline Competition Bureau, Federal

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Communications Commission, Portals Proposed Agenda (‘‘OMB’’) to extend for an additional II, 445 12th Street SW., Room 5–C162, three years the current Paperwork Thursday, June 29, 2017, 10:00 a.m.* Washington, DC 20554. Reduction Act (‘‘PRA’’) clearance for the FOR FURTHER INFORMATION CONTACT: 1. Announcements and Recent News FTC’s enforcement of the information Carmell Weathers at (202) 418–2325 or 2. Approval of March 28 Meeting collection requirements in its ‘‘Fair [email protected]. The fax Transcript Credit Reporting Risk-Based Pricing number is: (202) 418–1413. The TTY 3. Discussion of the North American Regulations’’ (‘‘RBP Rule’’), which number is: (202) 418–0484. Numbering Plan Administrator applies to certain motor vehicle dealers, (NANPA) Report SUPPLEMENTARY INFORMATION: This is a and its shared enforcement with the 4. Discussion of the National Thousands Consumer Financial Protection Bureau summary of the Commission’s Block Pooling Administrator (PA) document in CC Docket No. 92–237, DA (‘‘CFPB’’) of the risk-based pricing Report provisions (subpart H) of the CFPB’s 17–542 released June 5, 2017. The 5. Discussion of the Numbering complete text in this document is Regulation V regarding other entities. Oversight Working Group (NOWG) That clearance expires on July 31, 2017. available for public inspection and Report copying during normal business hours 6. Discussion of the Toll Free Number DATES: Comments must be filed by July in the FCC Reference Information Administrator (TFNA) Report 13, 2017. Center, Portals II, 445 12th Street SW., 7. Discussion of the North American ADDRESSES: Interested parties may file a Room CY–A257, Washington, DC 20554. Numbering Plan Billing and comment online or on paper, by The document may also be purchased Collection (NANP B&C) Agent following the instructions in the from the Commission’s duplicating Report Request for Comment part of the contractor, Best Copy and Printing, Inc., 8. Discussion of the Billing and SUPPLEMENTARY INFORMATION section 445 12th Street SW., Room CY–B402, Collection Working Group (B&C below. Write ‘‘RBP Rule, PRA Comment, Washington, DC 20554, telephone (800) WG) Report P145403,’’ on your comment and file 378–3160 or (202) 863–2893, facsimile 9. Discussion of the North American your comment online at https:// (202) 863–2898, or via the Internet at Portability Management LLC ftcpublic.commentworks.com/ftc/ http://www.bcpiweb.com. It is available (NAPM LLC) Report rbprulepra2 by following the on the Commission’s Web site at http:// 10. Discussion of the Local Number instructions on the web-based form. If www.fcc.gov. The North American Portability Administrator (LNPA) you prefer to file your comment on Numbering Council (NANC) has Transition Oversight Manager paper, write ‘‘RBP Rule, PRA Comment, scheduled a meeting to be held (TOM) Report P145403’’ on your comment and on the Thursday, June 29, 2017, from 10:00 11. Discussion of the LNPA Working envelope, and mail your comment to the a.m. until 2:00 p.m. The meeting will be Group (WG) Report following address: Federal Trade held at the Federal Communications 12. Discussion of the Future of Commission, Office of the Secretary, Commission, Portals II, 445 12th Street Numbering Working Group (FoN Room H–113 (Annex J), 600 SW., Room TW–C305, Washington, DC. WG) Report Pennsylvania Avenue NW., Washington, This meeting is open to members of the 13. Status of the Industry Numbering DC 20580, or deliver your comment to general public. The FCC will attempt to Committee (INC) Activities the following address: Federal Trade accommodate as many participants as 14. Status of the ATIS All-IP Transition Commission, Office of the Secretary, possible. The public may submit written Initiatives Constitution Center, 400 7th Street SW., 15. Summary of Action Items statements to the NANC, which must be 5th Floor, Suite 5610, Washington, DC 16. Public Comments and Participation received two business days before the 20024. meeting. In addition, oral statements at (maximum 5 minutes per speaker) the meeting by parties or entities not 17. Other Business Adjourn no later FOR FURTHER INFORMATION CONTACT: represented on the NANC will be than 2:00 p.m. Katherine White, Attorney, Division of permitted to the extent time permits. * The Agenda may be modified at the Privacy and Identity Protection, Bureau Such statements will be limited to five discretion of the NANC Chairman with of Consumer Protection, (202) 326– minutes in length by any one party or the approval of the Designated Federal 2878, 600 Pennsylvania Ave. NW., entity, and requests to make an oral Officer (DFO). Room CC–8232, Washington, DC 20580. statement must be received two Federal Communications Commission. SUPPLEMENTARY INFORMATION: On March business days before the meeting. Marilyn Jones, 3, 2017, the FTC sought public comment People with Disabilities: To request on the information collection materials in accessible formats for Senior Counsel for Number Administration, Wireline Competition Bureau. requirements (creditor disclosures to people with disabilities (braille, large consumers) associated with the RBP [FR Doc. 2017–12222 Filed 6–12–17; 8:45 am] print, electronic files, audio format), Rule and the Commission’s shared BILLING CODE 6712–01–P send an email to [email protected] or call enforcement with the CFPB of subpart H the Consumer and Governmental Affairs of Regulation V (March 3, 2017 Notice 1) Bureau at 202–418–0530 (voice), 202– and the FTC’s associated PRA burden FEDERAL TRADE COMMISSION 418–0432 (tty). Reasonable analysis. One relevant comment was accommodations for people with 2 Agency Information Collection received. The commenter, the National disabilities are available upon request. Automobile Dealers Association Include a description of the Activities; Submission for OMB Review; Comment Request; Extension (‘‘NADA’’), observed that many dealers accommodation you will need, face compliance costs beyond those that including as much detail as you can. AGENCY: Federal Trade Commission the FTC had estimated for respondents Also include a way we can contact you (‘‘FTC’’ or ‘‘Commission’’). to modify and distribute notices: if we need more information. Please ACTION: Notice. allow at least five days advance notice; 1 82 FR 12452. last minute requests will be accepted, SUMMARY: The FTC intends to ask the 2 https://www.ftc.gov/policy/public-comments/ but may be impossible to fill. Office of Management and Budget initiative-702.

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(a) Obtaining those reports, including (i) Dealers Ass’n noted in its decision, Estimated Annual Burden: 9,652,500 the direct costs from the CRA’s, (ii) the ‘‘. . . given the preexisting channels hours and $174,127,650 5 in associated personnel costs associated with obtaining the between financing sources and auto labor costs. reports, and (b) the direct and indirect costs Estimated Capital or Other Non-Labor of properly handling, storing, and disposing dealers (to convey, for example, credit of that sensitive personally identifiable applications and loan rates), the dealer Costs: The FTC believes that the FTC information. could get the credit information from and CFPB rules impose negligible capital or other non-labor costs, as the Additionally, NADA contended that the financing source as well...[the FTC’s interpretation] does not mandate affected entities are likely to have the the FTC’s estimate of hours burden does necessary supplies and/or equipment not contemplate the burden associated an impossibility nor does it obligate them to purchase a consumer report.’’ 3 already (e.g., offices and computers) for with ‘‘obtaining, and properly handling, the information collections discussed storing, and disposing of the Indeed, the dealer could require simply that the financing source pass on to the above. information in the [credit] reports.’’ Request for Comment: You can file a The FTC believes that its burden dealer the credit score it obtained on the consumer. Although the Rule does comment online or on paper. For the estimates do not need to be increased. Commission to consider your comment, NADA’s suggestion that compliance allow dealers to comply by providing all consumers with their credit scores, we must receive it on or before July 13, with the Rule compels its members to 2017. Write ‘‘RBP Rule, PRA Comment, nothing in the Rule mandates this purchase consumer credit scores is P145403,’’ on your comment. Your course of action. incorrect. Automobile dealers, and all comment—including your name and other respondents, are covered by the Moreover, automobile dealers already your state—will be placed on the public Rule only if they already use consumer handle, maintain, store, and dispose of record of this proceeding, including to reports and/or credit scores to set the sensitive personal information about the extent practicable, on the public terms of credit they offer to consumers. consumers (e.g., credit applications, Commission Web site, at https:// Because respondents already are using financing contracts etc.). Thus, the FTC www.ftc.gov/policy/public-comments. consumer reports and have access to the does not believe that the Rule imposes Postal mail addressed to the information necessary to provide the an additional burden when it comes to Commission is subject to delay due to notices, the Rule does not impose, the handling, storing, and disposing of heightened security screening. As a directly or indirectly, the additional cost consumer report information. result, we encourage you to submit your of purchasing consumer reports or Pursuant to the OMB regulations, 5 comments online. To make sure that the credit scores. CFR part 1320, that implement the PRA, Commission considers your online NADA’s comment focuses on comment, you must file it at https:// automobile dealers that are engaged in 44 U.S.C. 3501 et seq., the FTC is providing this second opportunity for ftcpublic.commentworks.com/ftc/ three-party financing transactions, in rbprulepra2, by following the public comment while seeking OMB which a dealer agrees to extend instructions on the web-based form. If approval to renew clearance for the financing to a consumer and then this Notice appears at http:// FTC’s calculated share of the associated assigns the loan to a third party, such www.regulations.gov/#!home, you also PRA burden for the underlying as a bank or financing company. In this may file a comment through that Web disclosure requirements. scenario, automobile dealers will obtain site. certain personal information from Burden statement:The burden figures If you file your comment on paper, consumers, along with an authorization below present estimates of the number write ‘‘RBP Rule, PRA Comment, to obtain their consumer reports, and of applicable motor vehicle dealers P145403’’ on your comment and on the will shop the information to several subject to the FTC’s RBP Rule 4 and envelope, and mail your comment to the potential financing sources. These their assumed recurring disclosure following address: Federal Trade financing sources will pull consumer burden, in addition to the estimated Commission, Office of the Secretary, reports in order to determine the ‘‘buy number of and burden for other entities 600 Pennsylvania Avenue NW., Suite rate’’ at which the financing source over which the FTC shares enforcement CC–5610 (Annex J), Washington, DC would agree to purchase the contract. burden with the CFPB under subpart H 20580, or deliver your comment to the The automobile dealer uses a consumer of Regulation V. For more details about following address: Federal Trade report in setting the retail financing rate the creditor notifications required and Commission, Office of the Secretary, for the credit because it uses the ‘‘buy the basis for the calculations Constitution Center, 400 7th Street SW., rate’’ offered by the third-party summarized below, see the March 3, 5th Floor, Suite 5610, Washington, DC financing source to set the rate offered 2017 Notice. 20024. If possible, please submit your to the consumer. In some instances, the Title: Fair Credit Reporting Risk- paper comment to the Commission by dealer may not have physically accessed Based Pricing Regulations. courier or overnight service. the consumer report. Nevertheless, the Comments on the information FTC has always maintained that the OMB Control Number: 3084–0145. collection requirements subject to Rule covers these dealers since they are Type of Review: Extension of review under the PRA should the original creditor in a transaction that currently approved collection. additionally be submitted to OMB. If sent by U.S. mail, they should be uses a consumer report in connection Estimated number of respondents: addressed to Office of Information and with an application for, or a grant, 160,250. extension, or other provision of, credit. The FTC’s interpretation of the Rule was 5 Bureau of Labor Statistics, Economic News 3 Nat’l Auto Dealers Ass’n v. FTC, 864 F. Supp. Release, March 31, 2017, Table 1, ‘‘National upheld by the DC District Court in Nat’l 2d 65, n.17 (D.D.C. May 22, 2012). employment and wage data from the Occupational Auto Dealers Ass’n v. FTC, 854 F. Supp. 4 The FTC retains rulemaking authority for its Employment Statistics survey by occupation, May 2d 65 (D.D.C. May 22, 2012). RBP Rule solely for motor vehicle dealers described 2016’’: http://www.bls.gov/news.release/ This interpretation that dealers are in section 1029(a) of the Dodd-Frank Wall Street ocwage.htm. This is an update of the labor Reform and Consumer Protection Act (Pub. L. 111– information used in the March 3, 2017 Notice. The ‘‘original’’ creditors under the Rule does 203, 124 Stat. 1376 (2010)) that are predominantly newer table shows $18.11 as the mean hourly wage not impose the vast costs that NADA engaged in the sale and servicing of motor vehicles, for correspondence clerks, an increase from $17.47 suggests. As the court in Nat’l Auto the leasing and servicing of motor vehicles, or both. previously used.

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Regulatory Affairs, Office of Visit the FTC Web site to read this ADDRESSES: You may submit comments, Management and Budget, Attention: Notice. The FTC Act and other laws that identified by docket number ATSDR– Desk Officer for the Federal Trade the Commission administers permit the 2014–0002, by any of the following Commission, New Executive Office collection of public comments to methods: Building, Docket Library, Room 10102, consider and use in this proceeding as • Internet: Access the Federal 725 17th Street NW., Washington, DC appropriate. The Commission will eRulemaking Portal at 20503. Comments sent to OMB by U.S. consider all timely and responsive www.regulations.gov. Follow the postal mail are subject to delays due to public comments that it receives on or instructions for submitting comments. heightened security precautions. Thus, before July 13, 2017. For information on • Mail: Division of Toxicology and comments instead can also be sent via the Commission’s privacy policy, Human Health Sciences, Agency for email to [email protected]. including routine uses permitted by the Toxic Substances and Disease Registry, Because your comment will be placed Privacy Act, see https://www.ftc.gov/ 1600 Clifton Rd. NE., MS F–57, Atlanta, on the publicly accessible FTC Web site site-information/privacy-policy. GA 30329. at https://www.ftc.gov/, you are solely David C. Shonka, Instructions: All submissions must responsible for making sure that your Acting General Counsel. include the agency name and docket comment does not include any sensitive [FR Doc. 2017–12191 Filed 6–12–17; 8:45 am] number for this notice. All relevant or confidential information. In BILLING CODE 6750–01–P comments will be posted without particular, your comment should not change. This means that no confidential include any sensitive personal business information or other information, such as your or anyone confidential information should be else’s Social Security number; date of DEPARTMENT OF HEALTH AND submitted in response to this notice. birth; driver’s license number or other HUMAN SERVICES state identification number, or foreign FOR FURTHER INFORMATION CONTACT: country equivalent; passport number; Agency for Toxic Substances and Commander Jessilynn B. Taylor, financial account number; or credit or Disease Registry Division of Toxicology and Human debit card number. You are also solely Health Sciences, Agency for Toxic responsible for making sure that your [Docket No. ATSDR–2014–0002] Substances and Disease Registry, 1600 Clifton Rd. NE., MS F–57, Atlanta, GA comment does not include any sensitive Availability of Draft Toxicological health information, such as medical 30329, Email: [email protected]; Phone: Profiles: Antimony; 2,4-D; 770–488–3313. records or other individually Molybdenum; Silica identifiable health information. In SUPPLEMENTARY INFORMATION: The addition, your comment should not AGENCY: Agency for Toxic Substances Superfund Amendments and include any ‘‘trade secret or any and Disease Registry (ATSDR), Reauthorization Act of 1986 (SARA) [42 commercial or financial information Department of Health and Human U.S.C. 9601 et seq.] amended the which . . . is privileged or Services (HHS). Comprehensive Environmental confidential’’—as provided by Section ACTION: Notice of availability, and Response, Compensation, and Liability 6(f) of the FTC Act, 15 U.S.C. 46(f), and request for comment. Act of 1980 (CERCLA or Superfund) [42 FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— U.S.C. 9601 et seq.] by establishing including in particular competitively SUMMARY: The Agency for Toxic certain requirements for ATSDR and the sensitive information such as costs, Substances and Disease Registry U.S. Environmental Protection Agency sales statistics, inventories, formulas, (ATSDR), within the Department of (EPA) regarding hazardous substances patterns, devices, manufacturing Health and Human Services (HHS) that are most commonly found at processes, or customer names. announces the availability of facilities on the CERCLA National Comments containing material for Toxicological Profiles for review and Priorities List (NPL). Among these which confidential treatment is comment. All toxicological profiles statutory requirements is a mandate for requested must be filed in paper form, issued as ‘‘Drafts for Public Comment’’ the Administrator of ATSDR to prepare must be clearly labeled ‘‘Confidential,’’ represent ATSDR’s best efforts to toxicological profiles for each substance and must comply with FTC Rule 4.9(c). provide important toxicological included on the priority list of In particular, the written request for information on priority hazardous hazardous substances [also called the confidential treatment that accompanies substances. ATSDR is seeking public Substance Priority List (SPL)]. This list the comment must include the factual comments and additional information or identifies 275 hazardous substances that and legal basis for the request, and must reports on studies about the health ATSDR and EPA have determined pose identify the specific portions of the effects of these four substances for the most significant potential threat to comment to be withheld from the public review and potential inclusion in the human health. The SPL is available record. See FTC Rule 4.9(c). Your profiles. online at www.atsdr.cdc.gov/spl. comment will be kept confidential only Although ATSDR considers key In addition, CERCLA provides ATSDR if the General Counsel grants your studies for these substances during the with the authority to prepare request in accordance with the law and profile development process, this toxicological profiles for substances not the public interest. Once your comment document solicits any relevant, found on the SPL. CERCLA authorizes has been posted on the public FTC Web additional studies. ATSDR will evaluate ATSDR to establish and maintain site—as legally required by FTC Rule the quality and relevance of such data inventory of literature, research, and 4.9(b)—we cannot redact or remove or studies for possible inclusion into the studies on the health effects of toxic your comment from the FTC Web site, profile. ATSDR remains committed to substances (CERCLA Section unless you submit a confidentiality providing a public comment period for 104(i)(1)(B)); to respond to requests for request that meets the requirements for these documents as a means to best health consultations (CERCLA Section such treatment under FTC Rule 4.9(c), serve public health and the public. 104(i)(4)); and to support the site- and the General Counsel grants that DATES: Comments must be submitted by specific response actions conducted by request. September 11, 2017. the agency.

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Availability Please allow sufficient time for mailed instructions on that Web site to view The Draft Toxicological Profiles are comments to be received before the public comments. Comments received timely will also available online at http:// close of the comment period. be available for public inspection as www.atsdr.cdc.gov/ToxProfiles and at 3. By express or overnight mail. You they are received, generally beginning www.regulations.gov, Docket No. may send written comments to the approximately 3 weeks after publication ATSDR–2014–0002. following address ONLY: Centers for Medicare & Medicaid Services, of a document, at the headquarters of Pamela I. Protzel Berman, Department of Health and Human the Centers for Medicare & Medicaid Director, Office of Policy, Planning and Services, Attention: CMS–3343–PN, Services, 7500 Security Boulevard, Evaluation, Agency for Toxic Substances and Mail Stop C4–26–05, 7500 Security Baltimore, Maryland 21244, Monday Disease Registry. Boulevard, Baltimore, MD 21244–1850. through Friday of each week from 8:30 [FR Doc. 2017–12161 Filed 6–12–17; 8:45 am] 4. By hand or courier. Alternatively, a.m. to 4 p.m. To schedule an BILLING CODE 4163–70–P you may deliver (by hand or courier) appointment to view public comments, your written comments ONLY to the phone 1–800–743–3951. following addresses: I. Background DEPARTMENT OF HEALTH AND a. For delivery in Washington, DC— HUMAN SERVICES Under the Medicare program, eligible Centers for Medicare & Medicaid beneficiaries may receive covered Centers for Medicare & Medicaid Services, Department of Health and services from an Ambulatory Surgical Services Human Services, Room 445–G, Hubert Center (ASC) provided certain H. Humphrey Building, 200 requirements are met. Section [CMS–3343–PN] Independence Avenue SW., 1832(a)(2)(F)(i) of the Social Security Washington, DC 20201. Act (the Act) establishes distinct criteria Medicare and Medicaid Programs: (Because access to the interior of the for facilities seeking designation as an Application From the American Hubert H. Humphrey Building is not ASC. Regulations concerning provider Osteopathic Association/Healthcare readily available to persons without agreements are at 42 CFR part 489 and Facilities Accreditation Program Federal government identification, those pertaining to activities relating to (AOA–HFAP) for Continued CMS commenters are encouraged to leave the survey and certification of facilities Approval of Its Ambulatory Surgical their comments in the CMS drop slots are at 42 CFR part 488. The regulations Center Accreditation Program located in the main lobby of the at 42 CFR part 416 specify the building. A stamp-in clock is available conditions that an ASC must meet in AGENCY: Centers for Medicare and for persons wishing to retain a proof of Medicaid Services, HHS. order to participate in the Medicare filing by stamping in and retaining an program, the scope of covered services, ACTION: Notice with request for extra copy of the comments being filed.) and the conditions for Medicare comment. b. For delivery in Baltimore, MD— payment for ASCs. Generally, to enter into an agreement, SUMMARY: This proposed notice Centers for Medicare & Medicaid acknowledges the receipt of an Services, Department of Health and an ASC must first be certified by a State application from the American Human Services, 7500 Security survey agency as complying with the Osteopathic Association/Healthcare Boulevard, Baltimore, MD 21244–1850. conditions or requirements set forth in Facilities Accreditation Program (AOA– If you intend to deliver your part 416 of our Medicare regulations. HFAP) for continued recognition as a comments to the Baltimore address, call Thereafter, the ASC is subject to regular national accrediting organization for telephone number (410) 786–9994 in surveys by a State survey agency to Ambulatory Surgical Centers that wish advance to schedule your arrival with determine whether it continues to meet to participate in the Medicare or one of our staff members. these requirements. Section 1865(a)(1) of the Act provides Medicaid programs. Comments erroneously mailed to the addresses indicated as appropriate for that, if a provider entity demonstrates DATES: To be assured consideration, through accreditation by a Centers for comments must be received at one of hand or courier delivery may be delayed and received after the comment period. Medicare & Medicaid Services (CMS) the addresses provided below, no later approved national accrediting than 5 p.m. on July 13, 2017. For information on viewing public comments, see the beginning of the organization (AO) that all applicable ADDRESSES: In commenting, please refer Medicare conditions are met or SUPPLEMENTARY INFORMATION section. to file code CMS–3343–PN. Because of exceeded, we may deem those provider staff and resource limitations, we cannot FOR FURTHER INFORMATION CONTACT: entities as having met the requirements. accept comments by facsimile (FAX) Monda Shaver, (410) 786–0310, Erin Accreditation by an AO is voluntary and transmission. McCoy, (410) 786–2337, or Patricia is not required for Medicare You may submit comments in one of Chmielewski, (410) 786–6899. participation. four ways (please choose only one of the SUPPLEMENTARY INFORMATION: If an AO is recognized by the ways listed): Inspection of Public Comments: All Secretary of the Department of Health 1. Electronically. You may submit comments received before the close of and Human Services as having electronic comments on this regulation the comment period are available for standards for accreditation that meet or to http://www.regulations.gov. Follow viewing by the public, including any exceed Medicare requirements, any the ‘‘Submit a comment’’ instructions. personally identifiable or confidential provider entity accredited by the 2. By regular mail. You may mail business information that is included in national accrediting body’s approved written comments to the following a comment. We post all comments program may be deemed to meet the address ONLY: Centers for Medicare & received before the close of the Medicare conditions. An AO applying Medicaid Services, Department of comment period on the following Web for approval of its accreditation program Health and Human Services, Attention: site as soon as possible after they have under part 488, subpart A, must provide CMS–3343–PN, P.O. Box 8010, been received: http:// CMS with reasonable assurance that the Baltimore, MD 21244–8010. www.regulations.gov. Follow the search AO requires the accredited provider

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entities to meet requirements that are at ++ The comparability of AOA– with a subsequent document, we will least as stringent as the Medicare HFAP’s processes to those of State respond to the comments in the conditions. Our regulations concerning agencies, including survey frequency, preamble to that document. the approval of AOs are set forth at and the ability to investigate and Dated: June 7, 2017. § 488.5. respond appropriately to complaints Seema Verma, against accredited facilities. II. CMS Approval of Accreditation Administrator, Centers for Medicare & ++ AOA–HFAP’s processes and Organizations Medicaid Services. procedures for monitoring an ASC Section 1865(a)(2) of the Act and our found out of compliance with AOA– [FR Doc. 2017–12193 Filed 6–12–17; 8:45 am] regulations at § 488.5 require that our HFAP’s program requirements. These BILLING CODE 4120–01–P findings concerning review and monitoring procedures are used only approval of an AO’s requirements when AOA–HFAP identifies DEPARTMENT OF HEALTH AND consider, among other factors, the noncompliance. If noncompliance is HUMAN SERVICES applying AO’s requirements for identified through validation reviews or accreditation; survey procedures; complaint surveys, the State survey National Institutes of Health resources for conducting required agency monitors corrections as specified surveys; capacity to furnish information at § 488.9(c)(1). Government-Owned Inventions; for use in enforcement activities; ++ AOA–HFAP’s capacity to report Availability for Licensing monitoring procedures for provider deficiencies to the surveyed facilities entities found not in compliance with and respond to the facility’s plan of AGENCY: National Institutes of Health, the conditions or requirements; and correction in a timely manner. HHS. ability to provide CMS with the ++ AOA–HFAP’s capacity to provide ACTION: Notice. necessary data for validation. CMS with electronic data and reports Section 1865(a)(3)(A) of the Act necessary for effective validation and SUMMARY: The invention listed below is further requires that we publish, within assessment of the organization’s survey owned by an agency of the U.S. 60 days of receipt of an organization’s process. Government and is available for complete application, a notice ++ The adequacy of AOA–HFAP’s licensing to achieve expeditious identifying the national accrediting staff and other resources, and its commercialization of results of body making the request, describing the financial viability. federally-funded research and nature of the request, and providing at ++ AOA–HFAP’s capacity to development. Foreign patent least a 30-day public comment period. adequately fund required surveys. applications are filed on selected We have 210 days from the receipt of a ++ AOA–HFAP’s policies with inventions to extend market coverage complete application to publish notice respect to whether surveys are for companies and may also be available of approval or denial of the application. announced or unannounced, to assure for licensing. The purpose of this notice of that surveys are unannounced. FOR FURTHER INFORMATION CONTACT: Dr. proposed recognition is to inform the ++ AOA–HFAP’s agreement to Natalie Greco, 301–761–7898; public of the American Osteopathic provide CMS with a copy of the most [email protected]. Licensing Association/Healthcare Facilities current accreditation survey, together information and copies of the patent Accreditation Program’s (AOA–HFAP’s) with any other information related to applications listed below may be request for continued CMS approval of the survey as CMS may require obtained by communicating with the its ASC accreditation program. This (including corrective action plans). indicated licensing contact at the notice also solicits public comment on Upon completion of our evaluation, Technology Transfer and Intellectual whether AOA–HFAP’s requirements including evaluation of comments Property Office, National Institute of meet or exceed the Medicare conditions received as a result of this notice, we Allergy and Infectious Diseases, 5601 for coverage (CfCs) for ASCs. will publish a final notice in the Federal Fishers Lane, Rockville, MD 20852; tel. Register announcing the result of our 301–496–2644. A signed Confidential III. Evaluation of an AO’s Accreditation evaluation. Disclosure Agreement will be required Program to receive copies of unpublished patent AOA–HFAP submitted all the IV. Collection of Information Requirements applications. necessary materials to enable us to make SUPPLEMENTARY INFORMATION: This document does not impose a determination concerning its request Technology description follows. for continued CMS approval of its ASC information collection requirements, accreditation program. This application that is, reporting, recordkeeping or Human and Veterinary Cancer was determined to be complete on April third-party disclosure requirements. Therapeutic Agent Utilizing Anthrax 14, 2017. Under section 1865(a)(2) of the Consequently, there is no need for Toxin-Based Technology review by the Office of Management and Act and our regulations at § 488.5, our Description of Technology review and evaluation of AOA–HFAP Budget under the authority of the will be conducted in accordance with, Paperwork Reduction Act of 1995 (44 Due to the disorganized nature of but not necessarily limited to, the U.S.C. 3501 et seq.). blood vessels that run through tumors, chemotherapeutic agents often fail to following factors: V. Response to Public Comments • The equivalency of AOA–HFAP’s penetrate tumors and kill cancer cells at standards for ASCs as compared with Because of the large number of public the tumor’s center. This can lead to Medicare’s CfCs for ASCs. comments we normally receive on ineffective chemotherapeutic • AOA–HFAP’s survey process to Federal Register documents, we are not treatments, because tumors can quickly determine the following: able to acknowledge or respond to them grow back if the entire tumor is not ++ The composition of the survey individually. We will consider all destroyed. NIH researchers have team, surveyor qualifications, and the comments we receive by the date and developed a therapeutic agent that ability of the organization to provide time specified in the DATES section of solves this problem facing current continuing surveyor training. this preamble, and, when we proceed chemotherapy treatments. By elegantly

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exploiting cell surface proteases present Publications HHS E–293–1999—US Patent Nos. at high levels in tumors, they have Chen KH, et al., Selection of anthrax 7,468,352, filed 22 Mar 2002; developed a tumor-targeted anthrax toxin protective antigen variants 8,791,074, filed 20 Oct 2008, and based toxin that inactivates the blood that discriminate between the 9,403,872 filed 24 Jun 2014. vessels within tumors. While in some cellular receptors tem8 and cmg2 Licensing Contact: Dr. Natalie Greco, cases cancer cells are also killed by the and achieve targeting of tumor cells. 301–761–7898; [email protected]. tumor-targeted toxin, the primary J Biol Chem. 2007 Mar 30; 282(13): Collaborative Research Opportunity: mechanism of action is thought to be a 9834–9845 [PMID: 17251181 The National Institute of Allergy and decrease in blood flow to the center of PMCID: PMC2530824] tumors, causing cancer cell death and Liu S, et al., Solid tumor therapy by Infectious Diseases is seeking statements tumor necrosis. Preliminary and on- selectively targeting stromal of capability or interest from parties going studies have demonstrated that endothelial cells. Proc Natl Acad interested in collaborative research to the targeted toxins have antitumor Sci U S A. 2016 Jul 12; 113(28): further develop, evaluate or effects on melanomas, lung cancers and E4079–E4087 [PMID: 27357689 commercialize anthrax toxin-based colon cancer in mouse models, and on PMCID: PMC4948345] cancer therapeutics. For collaboration feline and canine oral tumors. Wein AN, et al., An anthrax toxin opportunities, please contact Dr. Natalie Interestingly, this therapy does not variant with an improved activity in Greco, 301–761–7898; Natalie.Greco@ target a specific type of cancer cell, tumor targeting. Sci Rep. 2015; 5: nih.gov. rather it targets the vasculature in and 16267 [PMID: 26584669 PMCID: Dated: June 1, 2017. around tumors. Therefore, it has great PMC4653645] Suzanne Frisbie, potential to treat a wide range of solid Peters DE, et al., Comparative toxicity tumors. Additionally, because few non- and efficacy of engineered anthrax Deputy Director, Technology Transfer and surgical treatments are available to treat lethal toxin variants with broad Intellectual Property Office, National Institute of Allergy and Infectious Diseases. many human and veterinary solid anti-tumor activities. Toxicol Appl tumors, this technology would fill an Pharmacol. 2014 Sep 1; 279(2): [FR Doc. 2017–12147 Filed 6–12–17; 8:45 am] unmet need in cancer therapy. 220–229 [PMID: 24971906 PMCID: BILLING CODE 4140–01–P This technology is available for PMC4137396] licensing for commercial development Bachran C, et al., Cytolethal distending DEPARTMENT OF HEALTH AND in accordance with 35 U.S.C. 209 and 37 toxin B as a cell-killing component CFR part 404, as well as for further of tumor-targeted anthrax toxin HUMAN SERVICES fusion proteins. Cell Death Dis. development and evaluation under a National Institutes of Health research collaboration. 2014 Jan; 5(1): e1003 [PMID: 24434511 PMCID: PMC4040664] Potential Commercial Applications Wein AN, et al., Tumor therapy with a Office of the Director; Notice of Charter Renewal Therapeutic agent for a wide range of urokinase plasminogen activator- activated anthrax lethal toxin alone human and veterinary solid tumors, In accordance with Title 41 of the including: and in combination with paclitaxel. Invest New Drugs. 2013 Feb; 31(1): U.S. Code of Federal Regulations, • Melanomas Section 102–3.65(a), notice is hereby • 206–212 [PMID: 22843210 PMCID: Lung and colon cancers PMC3757568] given that the Charter for the Advisory • Oral squamous carcinomas Phillips DD, et al., Engineering Anthrax Committee to the Director, National Institutes of Health, was renewed for an Competitive Advantages Toxin Variants That Exclusively Form Octamers and Their additional two-year period on May 31, • Proven effective in a variety of Application to Targeting Tumors. J 2017. models, including models of important Biol Chem. 2013 Mar 29; 288(13): It is determined that the Advisory veterinary cancers. 9058–9065 [PMID: 23393143 Committee to the Director, National • Agent is only active in tumor micro- PMCID: PMC3610978] Institutes of Health, is in the public environments, resulting in low toxicity Liu S, et al., Intermolecular interest in connection with the to healthy tissue. complementation achieves high performance of duties imposed on the • Cancer cells are not directly specificity tumor targeting by National Institutes of Health by law, and targeted, so this agent can be used to anthrax toxin. Nat Biotechnol. 2005 that these duties can best be performed treat a broad spectrum of solid tumors Jun; 23(6): 725–730 [PMID: through the advice and counsel of this and resistance is unlikely to arise. 15895075 PMCID: PMC2405912] group. • Fills an unmet need in cancer Intellectual Property Inquiries may be directed to Jennifer therapy, because few non-surgical Spaeth, Director, Office of Federal treatments exist. HHS E–256–2015—US Application Nos. 62/210,771, filed 27 Aug 2015; 62/ Advisory Committee Policy, Office of Development Stage 323,218, filed 15 Apr 2016; PCT App. the Director, National Institutes of • No. PCT/US16/48706, filed 25 Aug Health, 6701 Democracy Boulevard, in vitro data available Suite 1000, Bethesda, Maryland 20892 • 2016. in vivo data available (animal) HHS E–120–2013—US App. No. 14/ (Mail code 4875), Telephone (301) 496– • prototype 898,248, filed 14 Dec 2015; PCT App. 2123, or [email protected]. Inventors: S. Leppla (NIAID); S.-H. No. PCT/US2014/043131, filed 19 Jun Dated: June 7, 2017. Liu (NIAID); T. Bugge (NIDCR); A.Wein 2014. (NIAID); D. Peters (NIDCR); J. Liu HHS E–246–2012—US App. No. 14/ Jennifer Spaeth, (NHLBI); K.-H.Chen (NIAID); H. 423,408, filed 23 Feb 2015; PCT App. Director, Office of Federal Advisory Birkedal-Hansen (NIDCR); S. Netzel- No. PCT/US13/56205 Committee Policy. Arnett (NIDCR); D. Phillips (NIAID); C. HHS E–059–2004—US Patent No. [FR Doc. 2017–12143 Filed 6–12–17; 8:45 am] Leysath (NIAID); C. Bachran (NIAID) 7,947,289, filed 09 Feb 2005. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 HUMAN SERVICES Review Special Emphasis Panel; Small Rockledge Drive, Bethesda, MD 20892 Business: Biomaterials, Delivery and (Telephone Conference Call). National Institutes of Health Nanotechnology. Contact Person: Alexander D Politis, Ph.D., Date: July 6–7, 2017. Scientific Review Officer, Center for Center for Scientific Review; Notice of Time: 8:00 a.m. to 4:00 p.m. Scientific Review, National Institutes of Closed Meetings Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3210, applications. MSC 7808, Bethesda, MD 20892, (301) 435– Pursuant to section 10(d) of the Place: National Institutes of Health, 6701 1150, [email protected]. Rockledge Drive, Bethesda, MD 20892 Federal Advisory Committee Act, as Name of Committee: Center for Scientific amended (5 U.S.C. App.), notice is (Virtual Meeting). Contact Person: Nitsa Rosenzweig, Ph.D., Review Special Emphasis Panel; RFA/PAR hereby given of the following meetings. Scientific Review Officer, Center for Molecular Mechanisms of APOE in The meetings will be closed to the Scientific Review, National Institutes of Alzheimer’s Pathogenesis. public in accordance with the Health, 6701 Rockledge Drive, Room 4152, Date: July 6, 2017. provisions set forth in sections MSC 7760, Bethesda, MD 20892, (301) 404– Time: 1:00 p.m. to 3:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 7419, [email protected]. Agenda: To review and evaluate grant applications. as amended. The grant applications and Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 the discussions could disclose Review Special Emphasis Panel; Member Rockledge Drive, Bethesda, MD 20892 Conflict: Neurodevelopmental and confidential trade secrets or commercial (Telephone Conference Call). property such as patentable material, Neuropsychiatric Disorders. Date: July 6, 2017. Contact Person: Carol Hamelink, Ph.D., and personal information concerning Scientific Review Officer, Center for individuals associated with the grant Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Scientific Review, National Institutes of applications, the disclosure of which applications. Health, 6701 Rockledge Drive, Room 4192, would constitute a clearly unwarranted Place: National Institutes of Health, 6701 MSC 7850, Bethesda, MD 20892, (301) 213– invasion of personal privacy. Rockledge Drive, Bethesda, MD 20892 9887, [email protected]. Name of Committee: Center for Scientific (Virtual Meeting). Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Contact Person: Samuel C Edwards, Ph.D., Review Special Emphasis Panel; PAR Panel: Conflicts: Stress and Psychopathology. Chief, Brain Disorders and Clinical Synthetic Psychoactive Drugs and Strategic Date: July 5–6, 2017. Neuroscience, Center for Scientific Review, Approaches to Counteract their Deleterious Time: 10:00 a.m. to 5:00 p.m. National Institutes of Health, 6701 Rockledge Effects. Agenda: To review and evaluate grant Drive, Room 5210, MSC 7846, Bethesda, MD Date: July 6, 2017. applications. 20892, (301) 435–1246, edwardss@ Time: 1:00 p.m. to 5:00 p.m. Place: National Institutes of Health, 6701 csr.nih.gov. Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific applications. (Virtual Meeting). Review Special Emphasis Panel; Place: National Institutes of Health, 6701 Contact Person: Maribeth Champoux, Fellowships: Neurodevelopment, Synaptic Rockledge Drive, Bethesda, MD 20892 Ph.D., Scientific Review Officer, Center for Plasticity and Neurodegeneration. (Virtual Meeting). Scientific Review, National Institutes of Date: July 6–7, 2017. Contact Person: Michael Selmanoff, Ph.D., Health, 6701 Rockledge Drive, Room 3170, Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for MSC 7848, Bethesda, MD 20892, 301–594– Agenda: To review and evaluate grant Scientific Review, National Institutes of 3163, [email protected]. applications. Health, 6701 Rockledge Drive, Room 5164, Name of Committee: AIDS and Related Place: The St. Regis Washington DC, 923 MSC 7844, Bethesda, MD 20892, 301–435– Research Integrated Review Group; AIDS 16th Street NW., Washington, DC 20006. 1119, [email protected]. Discovery and Development of Therapeutics Contact Person: Mary Schueler, Ph.D., Name of Committee: Center for Scientific Study Section. Scientific Review Officer, Center for Review Special Emphasis Panel; RFA/PAR Date: July 6, 2017. Scientific Review, National Institutes of APOE Review. Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5214, Date: July 6, 2017. Agenda: To review and evaluate grant MSC 7846, Bethesda, MD 20892, 301–451– Time: 1:00 p.m. to 3:30 p.m. 0996, [email protected]. applications. Agenda: To review and evaluate grant Place: Ritz Carlton Hotel, 1150 22nd Street Name of Committee: Center for Scientific applications. NW., Washington, DC 20037. Review Special Emphasis Panel; Small Place: National Institutes of Health, 6701 Contact Person: Shiv A Prasad, Ph.D., Business: Cancer Diagnostics and Treatments Rockledge Drive, Bethesda, MD 20892 Scientific Review Officer, Center for (CDT). (Telephone Conference Call). Scientific Review, National Institutes of Date: July 6–7, 2017. Contact Person: Carole L Jelsema, Ph.D., Health, 6701 Rockledge Drive, Room 5220, Time: 8:00 a.m. to 6:00 p.m. Chief and Scientific Review Officer, Center MSC 7852, Bethesda, MD 20892, 301–443– Agenda: To review and evaluate grant for Scientific Review, National Institutes of 5779, [email protected]. applications. Health, 6701 Rockledge Drive, Room 4176, Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 MSC 7850, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; Small 1248, [email protected]. Business: HIV/AIDS Innovative Research (Virtual Meeting). (Catalogue of Federal Domestic Assistance Applications. Contact Person: Zhang-Zhi Hu, MD, Program Nos. 93.306, Comparative Medicine; Date: July 6, 2017. Scientific Review Officer, Center for 93.333, Clinical Research, 93.306, 93.333, Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6186, 93.846–93.878, 93.892, 93.893, National applications. MSC 7804, Bethesda, MD 20892, (301) 594– Place: Ritz Carlton Hotel, 1150 22nd Street 2414, [email protected]. Institutes of Health, HHS) NW., Washington, DC 20037. Name of Committee: Center for Scientific Dated: June 7, 2017. Contact Person: Shiv A Prasad, Ph.D., Review Special Emphasis Panel; Member David Clary, Scientific Review Officer, Center for Conflict: Virology. Program Analyst, Office of Federal Advisory Scientific Review, National Institutes of Date: July 6, 2017. Committee Policy. Health, 6701 Rockledge Drive, Room 5220, Time: 11:00 a.m. to 1:00 p.m. MSC 7852, Bethesda, MD 20892, 301–443– Agenda: To review and evaluate grant [FR Doc. 2017–12145 Filed 6–12–17; 8:45 am] 5779, [email protected]. applications. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Management and Budget for HUMAN SERVICES Health, 6701 Rockledge Drive, Room 5178, reinstatement and clearance in MSC 7844, Bethesda, MD 20892, 301–435– accordance with the requirements of the National Institutes of Health 1033, [email protected]. Paperwork Reduction Act of 1995. The (Catalogue of Federal Domestic Assistance reinstatement submission will describe Center for Scientific Review; Notice of Program Nos. 93.306, Comparative Medicine; the nature of the information collection, Closed Meetings 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, the categories of respondents, the Pursuant to section 10(d) of the 93.846–93.878, 93.892, 93.893, National estimated burden (i.e., the time, effort Federal Advisory Committee Act, as Institutes of Health, HHS) and resources used by respondents to respond) and cost, and the actual data amended (5 U.S.C. App.), notice is Dated: June 7, 2017. hereby given of the following meetings. collection instruments FEMA will use. Natasha M. Copeland, The meetings will be closed to the DATES: Comments must be submitted on public in accordance with the Program Analyst, Office of Federal Advisory Committee Policy. or before July 13, 2017. provisions set forth in sections ADDRESSES: Submit written comments 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2017–12144 Filed 6–12–17; 8:45 am] BILLING CODE 4140–01–P on the proposed information collection as amended. The grant applications and to the Office of Information and the discussions could disclose Regulatory Affairs, Office of confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Management and Budget. Comments property such as patentable material, HUMAN SERVICES should be addressed to the Desk Officer and personal information concerning for the Department of Homeland individuals associated with the grant National Institutes of Health Security, Federal Emergency applications, the disclosure of which Management Agency, and sent via would constitute a clearly unwarranted National Institute of General Medical electronic mail to oira.submission@ invasion of personal privacy. Sciences Amended; Notice of Meeting omb.eop.gov. Name of Committee: Center for Scientific Review Special Emphasis Panel, Synthetic Notice is hereby given of a change in FOR FURTHER INFORMATION CONTACT: and Biological Chemistry AREA Review. the meeting of the Training and Requests for additional information or Date: June 15, 2017. Workforce Development copies of the information collection Time: 10:00 a.m. to 4:00 p.m. Subcommittee—A, June 15, 2017, 8:00 should be made to Director, Records Agenda: To review and evaluate grant a.m. to June 16, 2017, 5:00 p.m., Management Division, 500 C Street SW., applications. Cambria Suites Rockville, 1 Helen Washington, DC 20472–3100, email Place: National Institutes of Health, 6701 Heneghan Way, Rockville, MD 20850 address FEMA-Information-Collections- Rockledge Drive, Bethesda, MD 20892, which was published in the Federal (Virtual Meeting). [email protected] or Jennie Contact Person: Mike Radtke, Ph.D., Register on April 11, 2017, 82 FR 17436. Orenstein, Grants Policy Branch, FEMA Scientific Review Officer, Center for The meeting notice is amended to at 202–212–4071. Scientific Review, National Institutes of change the date of the meeting from SUPPLEMENTARY INFORMATION: This Health, 6701 Rockledge Drive, Room 4176, June 15–16, 2017 to June 15, 2017. The information collection previously MSC 7806, Bethesda, MD 20892, 301–435– meeting is closed to the public. 1728, [email protected]. published in the Federal Register on Dated: June 6, 2017. October 28, 2016, at 81 FR 74463 with This notice is being published less than 15 days prior to the meeting due to the timing Melanie J. Pantoja, a 60 day comment period. No comments limitations imposed by the review and Program Analyst, Office of Federal Advisory were received. This information funding cycle. Committee Policy. collection expired on October 31, 2016. Name of Committee: Center for Scientific [FR Doc. 2017–12146 Filed 6–12–17; 8:45 am] FEMA is requesting a reinstatement of Review Special Emphasis Panel, Small BILLING CODE 4140–01–P the collection with change. The changes Business: Instrumentation, Environmental, include updating the term ‘‘Grantees’’ to and Occupational Safety. ‘‘Recipients’’ to comply with 2 CFR 200 Date: June 26–27, 2017. DEPARTMENT OF HOMELAND and 3002; changes to account for Indian Time: 10:00 a.m. to 6:00 p.m. tribal governments being eligible as Agenda: To review and evaluate grant SECURITY applications. direct recipients of HMGP as a result of Place: National Institutes of Health, 6701 Federal Emergency Management the Sandy Recovery Improvement Act of Rockledge Drive, Bethesda, MD 20892. Agency 2013, Public Law 113–2; and the annual Contact Person: Marie-Jose Belanger, Ph.D., burden hours increased to account for Scientific Review Officer, Center for [Docket ID: FEMA–2016–0024; OMB No. the data collection activities of Indian Scientific Review, National Institutes of 1660–0076] tribal governments acting as a recipient Health, 6701 Rockledge Drive, Rm 6188, MSC and respondent under this collection. 7804, Bethesda, MD 20892, 301–435–1267, Agency Information Collection [email protected]. Activities: Submission for OMB The purpose of this notice is to inform the public that FEMA will submit the Name of Committee: Center for Scientific Review; Comment Request; Hazard Review Special Emphasis Panel, PAR17–179: Mitigation Grant Program (HMGP) information collection abstracted below From Genomic Association to Causation: A Application and Reporting to the Office of Management and Budget Convergent Neuroscience Approach. for reinstatement and clearance. Date: June 29, 2017. AGENCY: Federal Emergency Collection of Information Time: 12:00 p.m. to 5:00 p.m. Management Agency, DHS. Agenda: To review and evaluate grant ACTION: Reinstatement. Title: Hazard Mitigation Grant applications. Program (HMGP) Application and Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, SUMMARY: The Federal Emergency Reporting. (Virtual Meeting). Management Agency (FEMA) will Type of information collection: Contact Person: Nicholas Gaiano, Ph.D., submit the information collection Reinstatement, with change, of a Scientific Review Officer, Center for abstracted below to the Office of previously approved information

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collection for which approval has ADDRESSES: Reviewing Documents: Applicant: Arkansas Highway and expired. Documents and other information Transportation Department, Little OMB Number: 1660–0076. submitted with the applications are Rock, AR Form Titles and Numbers: FEMA available for review, subject to the The applicant requests renewal of Form 009–0–111A, Quarterly Progress requirements of the Privacy Act and their permit to take (capture, identify, Reports. Freedom of Information Act, by any and release) the yellowcheek darter Abstract: FEMA administers the party who submits a written request for (Etheostoma moorei), Arkansas Hazard Mitigation Grant Program, a copy of such documents to the fatmucket (Lampsilis powellii), Curtis which is a post-disaster program that following office within 30 days of the pearlymussel (Epioblasma florentina contributes funds toward the cost of date of publication of this notice: U.S. curtisii), fanshell (Cyprogenia stegaria), hazard mitigation activities in order to Fish and Wildlife Service Regional fat pocketbook (Potamilus capax), reduce the risk of future damage Office, Ecological Services, 1875 Neosho mucket (L. rafinesqueana), hardship, loss or suffering in any area Century Boulevard, Atlanta, GA 30345 Ouachita Rock pocketbook (Arkansia affected by a major disaster. FEMA uses (Attn: Karen Marlowe, Permit wheeleri), pink mucket (L. abrupta), applications to provide financial Coordinator). rabbitsfoot (Quadrula cylindrica ssp. assistance in the form of awards and, Submitting Comments: If you wish to cylindrica), scaleshell (Leptodea through recipient quarterly reporting, comment, you may submit comments by leptodon), snuffbox (E. triquetra), monitor recipient project activities and any one of the following methods: speckled pocketbook (L. streckeri), expenditure of funds. • U.S. mail or hand-delivery: Fish spectaclecase (Cumberlandia Affected Public: State, local or Tribal and Wildlife Service’s Regional Office Government. monodonta), turgid blossom (E. (see above). turgidula), winged mapleleaf (Q. Estimated Number of Respondents: • Email: [email protected]. fragosa), and American burying beetle 59. Please include your name and return Estimated Total Annual Burden (Nicrophorus americanus) while address in your email message. If you do Hours: 51,153. conducting presence/absence surveys in Estimated Cost: The estimated annual not receive a confirmation from the Fish Arkansas. burden hour cost to respondents is and Wildlife Service that we have received your email message, contact us Permit Application Number: TE $2,177,584. The annual costs to the 02166C–0 Federal government are $1,894,720. directly at the telephone number listed in FOR FURTHER INFORMATION CONTACT. Applicant: Zoe D. Bryant, Tabernacle, There are no annual start-up or capital NJ costs. FOR FURTHER INFORMATION CONTACT: Karen Marlowe, Permit Coordinator, The applicant requests an amendment Dated: June 7, 2017. 404–679–7097 (telephone) or 404–679– to her application to take (capture with Richard Mattison, 7081 (fax). mist-nets and harp traps, handle, band, Records Management Branch, Chief, Mission SUPPLEMENTARY INFORMATION: We invite and radio-tag) Indiana bats (Myotis Support, Federal Emergency Management sodalis) and northern long-eared bats Agency, Department of Homeland Security. review and comment from local, State, (M. septentrionalis) to include [FR Doc. 2017–12216 Filed 6–12–17; 8:45 am] and Federal agencies and the public on applications we have received for authorization to conduct the proposed BILLING CODE 9111–47–P permits to conduct certain activities activities in Connecticut, Delaware, with endangered and threatened species Kentucky, Maine, Maryland, under section 10(a)(1)(A) of the Massachusetts, New Hampshire, New DEPARTMENT OF THE INTERIOR Endangered Species Act of 1973, as Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Fish and Wildlife Service amended (16 U.S.C. 1531 et seq.; Act), and our regulations in the Code of Virginia for presence/absence surveys. [FWS–R4–ES–2017–N043; Federal Regulations (CFR) at 50 CFR 17. The receipt of her application was FXES11140400000–178–FF04E00000] With some exceptions, the Act prohibits originally published in the Federal activities with listed species unless a Register on September 9, 2016, at which Endangered Species Recovery Permit time she had not requested the Applications Federal permit is issued that allows such activities. The Act requires that we inclusion of these 14 States. AGENCY: Fish and Wildlife Service, invite public comment before issuing Permit Application Number: TE Interior. these permits. 20288C–0 ACTION: Notice of receipt of permit Public Availability of Comments Applicant: Scott Veum, Starkville, MS applications; request for comment. The applicant requests a permit to Before including your address, phone take (capture with mist-nets and harp SUMMARY: We, the U.S. Fish and number, email address, or other traps, handle, and radio-tag) gray bats Wildlife Service, invite the public to personal identifying information in your (Myotis grisescens), Indiana bats (M. comment on the following applications comment, you should be aware that sodalis), and northern long-eared bats to conduct certain activities with your entire comment—including your (M. septentrionalis) for presence/ endangered species. With some personal identifying information—may absence surveys in Alabama, Arkansas, exceptions, the Endangered Species Act be made publicly available at any time. Florida, Georgia, Illinois, Indiana, Iowa, (Act) prohibits activities with listed While you can ask us in your comment Kentucky, Louisiana, Michigan, species unless a Federal permit is issued to withhold your personal identifying Minnesota, Mississippi, Missouri, North that allows such activities. The Act information from public review, we Carolina, Ohio, South Carolina, requires that we invite public comment cannot guarantee that we will be able to Tennessee, and Wisconsin. before issuing these permits. do so. DATES: We must receive written data or Permit Application Number: TE comments on the applications at the Permit Applications 20308C–0 address given in ADDRESSES by July 13, Permit Application Number: TE Applicant: North Carolina State 2017. 079883–4 University, Raleigh, NC

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The applicant requests a permit to Permit Application Number: TE band, and radio-tag) Indiana bats take (capture with bowl traps or sweep 21570C–0 (Myotis sodalis) and northern long-eared nets) the rusty-patched bumble bee Applicant: Tennessee Wildlife bats (M. septentrionalis) in Arkansas, (Bombus affinis) while conducting Resources Agency Cumberland River Kentucky, North Carolina, research to describe the diversity of Aquatic Center, Nashville, TN Pennsylvania, Tennessee, Virginia, and pollinators and determine if planted The applicant requests a permit to West Virginia for presence/absence pollinator habitat is positively take (collect from the wild, collect surveys. benefiting local pollinator communities tissues, hold in captivity, mark, and Authority: We provide this notice under at the Lake Wheeler Farm Complex, release) 48 endangered freshwater section 10(c) of the Act. Wake County, North Carolina. mussel species for captive propagation, Dated: March 6, 2017. Permit Application Number: TE research, and reintroduction in Leopoldo Miranda, 98424B–2 Tennessee. Applicant: U.S. Geological Survey, Permit Application Number: TE Assistant Regional Director, Ecological Services, Southeast Region. Davie, FL 129703–6 [FR Doc. 2017–12177 Filed 6–12–17; 8:45 am] The applicant requests amendment of Applicant: HMB Professional Engineers, BILLING CODE 4333–15–P their permit to add authorization to take Inc., Frankfort, KY (capture on beach, restrain, handle, take The applicant requests renewal of their permit to continue authorization to standard carapace measurements, PIT- DEPARTMENT OF THE INTERIOR tag, flipper tag, collect 10 milliliters of take (enter hibernacula or maternity blood from the cervical sinus, and roost caves, capture with mist nets or Fish and Wildlife Service satellite tag a subset of individuals) up harp traps, handle, identify, band, and radio-tag) Indiana bats (Myotis sodalis), [FWS–R6–ES–2017–N034; to 5 Kemp’s ridley sea turtles FXES11130600000–178–FF06E00000] (Eretmochelys imbricata) and up to 5 gray bats (Myotis grisescens), northern long-eared bats (Myotis septentrionalis), green sea turtles (Chelonia mydas) Endangered Species Recovery Permit and Virginia big-eared bats annually, and to allow for Applications morphometric measurements to be done (Corynorhinus townsendii virginianus); while the turtles are laying their eggs, take (capture, identify, and release) AGENCY: Fish and Wildlife Service, rather than upon completion of egg- amber darter (Percina antesella), Interior. laying, in Baldwin County, Alabama, to blackside dace (Chrosomus ACTION: Notice of receipt of permit determine remigration intervals and cumberlandensis), blue shiner applications; request for comment. conduct research into the genetics and (Cyprinella (=Notropis) caerulea), SUMMARY: diet (isotopes) of each individual. bluemask (=jewel) darter (Etheostoma We, the U.S. Fish and akatulo), boulder (=Elk River) darter (E. Wildlife Service, invite the public to Permit Application Number: TE wapiti), Conasauga logperch (P. comment on the following applications 075916–5 for a permit to conduct activities Applicant: Thomas Virzi, Olympia, WA jenkinsi), duskytail darter (E. percnurum), pygmy madtom (Noturus intended to enhance the survival of The applicant requests renewal of his stanauli), smoky madtom (N. baileyi), endangered species. With some permit to continue take (capture with and snail darter (P. tanasi); and take exceptions, the Endangered Species Act mist-nets, band, collect blood samples, (capture, identify, release, and collect of 1973, as amended (Act), prohibits monitor nests) of the Cape Sable seaside relict shells) 36 species of freshwater certain activities that may impact sparrow (Ammodramus maritimus mussels, and amend their permit to add endangered species unless a Federal mirabilis) and amendment of his permit authorization to conduct those same permit allows such activity. The Act to add authorization to place activities with Big Sandy crayfish also requires that we invite public temperature dataloggers in nests, collect (Cambarus callainus), Kentucky arrow comment before issuing these permits. breast feathers and cloacal swabs from darter (E. spilotum), Cumberland darter DATES: To ensure consideration, please adults and juveniles for genetic analysis (E. susanae), diamond darter send your written comments by July 13, and mercury analysis, and deploy nest (Crystallaria cincotta), relict darter (E. 2017. cameras on active nests in the chienense), palezone shiner (Notropis ADDRESSES: Please specify the permit incubation or brooding stages for albizonatus), clubshell (Pleurobema you are interested in by number (e.g., scientific research aimed at clava), northern riffleshell (Epioblasma Permit No. TE–XXXXXX). conservation of the species. torulosa rangiana), spectaclecase • Email: [email protected]. Permit Application Number: TE (Cumberlandia monodonta), snuffbox Please refer to the respective permit 121059–3 (E. triquetra), scaleshell (Leptodea number (e.g., Permit No. TE–XXXXXX) Applicant: Peggy Measel, Salyersville, leptodon), sheepnose (Plethobasus in the subject line of the message. KY cyphyus), slabside pearlymussel • U.S. Mail: Ecological Services, U.S. The applicant requests renewal of her (Pleuronaia dolabelloides), fluted Fish and Wildlife Service, P.O. Box permit to continue take (enter kidneyshell (Ptychobranchus 25486–DFC, Denver, CO 80225. • hibernacula and roosts, capture with subtentum), and rabbitsfoot (Quadrula In-Person Drop-off, Viewing, or mist nets and harp traps, handle, c. cylindrica) for presence/absence Pickup: Call (719) 628–2670 to make an identify, band, attach radio transmitters, surveys in Alabama, Georgia, Indiana, appointment during regular business and light-tag) Indiana bats (Myotis Kentucky, North Carolina, Ohio, hours at 134 Union Blvd., Suite 645, sodalis), gray bats (M. grisescens), and Tennessee, and West Virginia. Lakewood, CO 80228. northern long-eared bat (M. Permit Application Number: TE FOR FURTHER INFORMATION CONTACT: septentrionalis) while conducting 23537C–0 Kathy Konishi, Recovery Permits presence/absence surveys in Alabama, Applicant: Appalachian Ecological Coordinator, Ecological Services, (719) Arkansas, Georgia, Indiana, Kentucky, Services, LLC, Etowah, NC 628–2670 (phone); permitsR6ES@ Missouri, Ohio, Tennessee, Virginia, The applicant requests a permit to fws.gov (email). and West Virginia. take (capture with mist-nets, handle, SUPPLEMENTARY INFORMATION:

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Background that it facilitates scientific purposes or days of the date of publication of this enhancement of propagation or notice. The Act (16 U.S.C. 1531 et seq.) survival). Our regulations implementing We invite local, State, Tribal, and prohibits certain activities with section 10(a)(1)(A) for these permits are endangered and threatened species Federal agencies and the public to found at 50 CFR 17.22 for endangered comment on the following applications. unless authorized by a Federal permit. wildlife species, 50 CFR 17.32 for The Act and our implementing Please refer to the permit number for the threatened wildlife species, 50 CFR application when submitting comments. regulations in part 17 of title 50 of the 17.62 for endangered plant species, and Code of Federal Regulations (CFR) Documents and other information 50 CFR 17.72 for threatened plant submitted with these applications are provide for the issuance of such permits species. and require that we invite public available for review, subject to the comment before issuing permits for Applications Available for Review and requirements of the Privacy Act (5 activities involving endangered species. Comment U.S.C. 552a) and Freedom of A permit granted by us under section Documents and other information Information Act (5 U.S.C. 552). 10(a)(1)(A) of the Act authorizes the submitted with the applications are Permit Applications permittee to conduct activities with U.S. available for review, subject to the endangered or threatened species for requirements of the Privacy Act and Proposed activities in the following scientific purposes, enhancement of Freedom of Information Act, by any permit requests are for the recovery and propagation or survival, or interstate party who submits a written request for enhancement of survival of the species commerce (the latter only in the event copies to the following office within 30 in the wild.

Permit Application No. Applicant Species Location Activity Type of take action

TE040510–1 ...... ERO Resources Cor- Black-footed ferret (Mustela nigripes) .. Colorado ...... Survey and moni- Spotlight survey ...... Amend. poration. toring. TE051826–1 ...... Louisville Zoological Black-footed ferret (Mustela nigripes) .. Kentucky ...... Captive propagation Handle, captive prop- Renew. Gardens. agation, and hus- bandry. TE053925–3 ...... National Park Serv- Interior least tern (Sternula antillarum Nebraska ...... Survey and moni- Capture, band, tag, Amend. ice, Niobrara Na- athalassos). toring. bio sample, and re- tional Scenic River. lease. TE37351A–1 ...... Stephen Spomer, Salt Creek tiger beetle (Cicindeoa Nebraska ...... Captive propagation Capture, handle, cap- Renew. University of Ne- nevadica lincolniana). tive propagation, braska, Lincoln. and release. TE131398–1 ...... Lower Brule Sioux Black-footed ferret (Mustela nigripes) .. South Dakota ...... Survey and moni- Spotlight survey, trap, Renew. Tribe. toring. vaccinate, mark, tag. TE051139–2 ...... Turner Endangered Black-footed ferret (Mustela nigripes) .. New Mexico ...... Survey and moni- Spotlight survey, trap, Renew. Species Fund, LLC. toring. vaccinate, mark, tag. TE040748–1 ...... Cheyenne Mountain Black-footed ferret (Mustela nigripes), Colorado ...... Captive propagation, Capture, handle, cap- Renew. Zoo. Wyoming toad (Anaxyrus baxteri), educational display. tive propagation, Mexican wolf (Canis lupus ssp. and release. Baileyi). TE047285–1 ...... U.S. Geological Sur- Pallid sturgeon (Scaphirhynchus albus) Montana, North Da- Survey, monitor, tag, Capture, handle, and Renew. vey, Fort Peck. kota. transport, and release. stock. TR052582–1 ...... TRC Environmental Black-footed ferret (Mustela nigripes), Arizona, New Mexico, Survey and moni- Spotlight surveys, Renew. Corporation. Southwestern willow flycatcher Colorado, South toring. playback calls. (Empidonax traillii extimus). Dakota, Utah, Wy- oming. TE27486B–1 ...... Wetland Dynamics, Southwestern willow flycatcher Colorado ...... Survey and moni- Playback calls ...... Amend. LLC. (Empidonax traillii extimus). toring. TE37337A–1 ...... National Mississippi Wyoming toad (Anaxyrus baxteri) ...... Iowa ...... Captive propagation, Handle, captive prop- Renew. River Museum and educational display. agation, and hus- Aquarium. bandry. TE064682–1 ...... Prairie Wildlife Re- Black-footed ferret (Mustela nigripes) .. Arizona, Colorado, Survey and moni- Spotlight survey, trap, Renew. search Corporation. Kansas, Montana, toring. vaccinate, mark, New Mexico, South tag. Dakota, Wyoming, Utah. TE26580C–0 ...... Milu Velarde ...... New Mexico meadow jumping mouse Colorado, Kansas ..... Survey and moni- Capture, handle, and New. (Zapus hudsonius luteus), gray bat toring. release. (Myotis grisescens),. TE26583C–0 ...... Chicago Botanic Gar- Wright’s fishhook cactus (Sclerocactus Utah ...... Remove and reduce Survey, collect spines New. den. wrightiae). to possession. for genetic analysis. TE09941B–2 ...... Felsburg Holt and Indiana bat (Myotis sodalist) ...... Iowa ...... Survey and moni- Mist net, mark and Amend. Ullevig. toring. recapture. TE121911–1 ...... Bureau of Land Man- Black-footed ferret (Mustela nigripes) .. Colorado ...... Survey and moni- Spotlight survey, trap, Renew. agement, White toring. vaccinate, mark, River Field Office. tag.

Public Availability of Comments by appointment, during normal business Before including your address, phone hours at the address listed above in number, email address, or other All comments and materials we ADDRESSES. personal identifying information in your receive in response to these requests comment, you should be aware that will be available for public inspection,

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your entire comment—including your is depicted on Map No. 634/129,621, Commission following notification of a personal identifying information—may dated June 2016. preliminary determination by be made publicly available at any time. 54 U.S.C. 100506(c) provides that, Commerce that imports of finished While you can ask us in your comment after notifying the House Committee on carbon steel flanges from Spain were to withhold your personal identifying Natural Resources and the Senate sold at LTFV within the meaning of information from public review, we Committee on Energy and Natural 733(b) of the Act (19 U.S.C. 1673b(b)). cannot guarantee that we will be able to Resources, the Secretary of the Interior Notice of the scheduling of the final do so. is authorized to make this boundary phase of the Commission’s investigation revision upon publication of notice in and of a public hearing to be held in Authority the Federal Register. The Committees connection therewith was given by We provide this notice under section have been notified of this boundary posting copies of the notice in the Office 10 of the Act (16 U.S.C. 1531 et seq.). revision. This boundary revision and of the Secretary, U.S. International Dated: March 28, 2017. subsequent acquisition will contribute Trade Commission, Washington, DC, to the protection of local watersheds, Nicole Alt, and by publishing the notice in the add valuable plant and wildlife habitat, Federal Register on February 17, 2017 Deputy Assistant Regional Director, and increase recreational opportunities, Mountain-Prairie Region. (82 FR 11056). The hearing was held in as well as contribute to the preservation Washington, DC, on April 25, 2017, and [FR Doc. 2017–12178 Filed 6–12–17; 8:45 am] of the scenic character of the area. all persons who requested the BILLING CODE 4333–15–P Dated: December 2, 2016. opportunity were permitted to appear in Cameron H. Sholly, person or by counsel. DEPARTMENT OF THE INTERIOR Regional Director, Midwest Region. The Commission made this determination pursuant to section National Park Service Editorial Note: The Office of the 735(b) of the Act (19 U.S.C. 1673d(b)). Federal Register received this document It completed and filed its determination on June 7, 2017. [NPS–MWR–SLBE–22512; in this investigation on June 7, 2017. PS.SMWLA0058.00.1] [FR Doc. 2017–12150 Filed 6–12–17; 8:45 am] The views of the Commission are BILLING CODE 4312–52–P contained in USITC Publication 4696 Minor Boundary Revision at Sleeping (June 2017), entitled Finished Carbon Bear Dunes National Lakeshore Steel Flanges from Spain: Investigation INTERNATIONAL TRADE No. 731–TA–1333 (Final). AGENCY: National Park Service, Interior. COMMISSION By order of the Commission. ACTION: Notification of boundary revision. [Investigation No. 731–TA–1333 (Final)] Issued: June 7, 2017. Lisa R. Barton, SUMMARY: The boundary of Sleeping Finished Carbon Steel Flanges From Secretary to the Commission. Spain Bear Dunes National Lakeshore is [FR Doc. 2017–12159 Filed 6–12–17; 8:45 am] modified to include 46 acres of land Determination BILLING CODE 7020–02–P located in Benzie County, Michigan, immediately adjacent to the boundary of On the basis of the record 1 developed the national lakeshore. The United in the subject investigation, the United INTERNATIONAL TRADE States will purchase, from willing States International Trade Commission COMMISSION sellers, two parcels containing 45 acres (‘‘Commission’’) determines,2 pursuant of land. The third parcel contains one to the Tariff Act of 1930 (‘‘the Act’’), [Investigation No. TA–201–76] acre and will be acquired by donation. that an industry in the United States is materially injured by reason of imports Large Residential Washers; Institution DATES: The effective date of this of finished carbon steel flanges from and Scheduling of Safeguard boundary revision is June 13, 2017. Spain, provided for in subheading Investigation and Determination That ADDRESSES: The map depicting this 7307.91.50 of the Harmonized Tariff the Investigation Is Extraordinarily boundary revision is available for Schedule of the United States, that have Complicated inspection at the following locations: been found by the Department of AGENCY: United States International National Park Service, Land Resources Commerce (‘‘Commerce’’) to be sold in Program Center, Midwest Region, 601 Trade Commission. the United States at less than fair value ACTION: Notice of institution of Riverfront Drive, Omaha, Nebraska (‘‘LTFV’’). 68102 and National Park Service, investigation and scheduling of public Department of the Interior, 1849 C Street Background hearings. NW., Washington, DC 20240. The Commission, pursuant to section SUMMARY: Following receipt of a petition FOR FURTHER INFORMATION CONTACT: 735(b) of the Act (19 U.S.C. 1673d(b)), for import relief, as amended and Chief Realty Officer Daniel L. Betts, instituted this investigation effective properly filed on June 5, 2017, the National Park Service, Land Resources June 30, 2016, following receipt of a Commission has instituted investigation Program Center, Midwest Region, 601 petition filed with the Commission and No. TA–201–76 pursuant to section 202 Riverfront Drive, Omaha, Nebraska Commerce by Weldbend Corporation, of the Trade Act of 1974 (‘‘the Act’’) to 68102, telephone (402) 661–1780. Argo, Illinois and Boltex Mfg. Co., L.P., determine whether large residential SUPPLEMENTARY INFORMATION: Notice is Houston, Texas. The final phase of this washers (‘‘LRWs’’) are being imported hereby given that, pursuant to 54 U.S.C. investigation was scheduled by the into the United States in such increased 100506(c), the boundary of Sleeping quantities as to be a substantial cause of Bear Dunes National Lakeshore is 1 The record is defined in sec. 207.2(f) of the serious injury, or the threat thereof, to Commission’s Rules of Practice and Procedure (19 modified to include 46 acres of adjacent CFR 207.2(f)). the domestic industry producing an land identified as Tracts 46–162, 67– 2 Commissioner F. Scott Kieff did not participate article like or directly competitive with 161, and 67–162. The boundary revision in the vote. the imported articles. The Commission

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has deemed the petition, as amended, to designed for use in large residential receiving a signal from a bona fide have been properly filed on June 5, washers; (2) all assembled tubs 1 payment acceptance device such as an 2017. The Commission has determined designed for use in large residential electronic credit card reader; (c) it that this investigation is washers which incorporate, at a contains a push button user interface ‘‘extraordinarily complicated,’’ and will minimum: (a) A tub; and (b) a seal; (3) with a maximum of six manually make its injury determination within all assembled baskets 2 designed for use selectable wash cycle settings, with no 122 days after the petition was filed, or in large residential washers which ability of the end user to otherwise by October 5, 2017. The Commission incorporate, at a minimum: (a) A side modify water temperature, water level, will submit to the President the report wrapper; 3 (b) a base; and (c) a drive or spin speed for a selected wash cycle required under section 202(f) of the Act hub; 4 and (4) any combination of the setting; and (d) the console containing within 180 days after the date on which foregoing parts or subassemblies. the user interface is made of steel and the petition was deemed filed, or by Excluded from the scope are stacked is assembled with security fasteners. December 4, 2017. washer-dryers and commercial washers. Also excluded from the scope are DATES: Effective June 5, 2017. The term ‘‘stacked washer-dryers’’ automatic clothes washing machines denotes distinct washing and drying FOR FURTHER INFORMATION CONTACT: that meet all of the following machines that are built on a unitary Michael Szustakowski (202–205–3169), conditions: (1) Have a vertical rotational frame and share a common console that 8 Office of Investigations, U.S. axis; (2) are top loading; (3) have a controls both the washer and the dryer. International Trade Commission, 500 E drive train consisting, inter alia, of (a) a The term ‘‘commercial washer’’ denotes 9 Street SW., Washington, DC 20436. permanent split capacitor (PSC) motor, an automatic clothes washing machine 10 Hearing-impaired persons can obtain (b) a belt drive, and (c) a flat wrap designed for the ‘‘pay per use’’ segment 11 information on this matter by contacting spring clutch. meeting either of the following two the Commission’s TDD terminal on 202– Also excluded from the scope are definitions: 205–1810. Persons with mobility automatic clothes washing machines (1)(a) It contains payment system that meet all of the following impairments who will need special electronics; 5 (b) it is configured with an assistance in gaining access to the conditions: (1) Have a horizontal externally mounted steel frame at least rotational axis; (2) are front loading; 12 Commission should contact the Office six inches high that is designed to house of the Secretary at 202–205–2000. and (3) have a drive train consisting, a coin/token operated payment system inter alia, of (a) a controlled induction General information concerning the (whether or not the actual coin/token Commission may also be obtained by motor (CIM),13 and (b) a belt drive. operated payment system is installed at Also excluded from the scope are accessing its internet server (https:// the time of importation); (c) it contains www.usitc.gov). The public record for automatic clothes washing machines a push button user interface with a that meet all of the following this investigation may be viewed on the maximum of six manually selectable conditions: (1) Have a horizontal Commission’s electronic docket (EDIS) wash cycle settings, with no ability of rotational axis; (2) are front loading; and at https://edis.usitc.gov. the end user to otherwise modify water (3) have cabinet width (measured from SUPPLEMENTARY INFORMATION: temperature, water level, or spin speed its widest point) of more than 28.5 Background.—This investigation is for a selected wash cycle setting; and (d) inches (72.39 cm). being instituted, pursuant to section 202 the console containing the user interface For Customs purposes, the LRWs of the Act (19 U.S.C. 2252), in response is made of steel and is assembled with covered by the investigation are to a petition, as amended and properly security fasteners; 6 or provided for under Harmonized Tariff filed on June 5, 2017, by Whirlpool (2)(a) it contains payment system Schedule of the United States Corporation (‘‘Whirlpool’’), a producer electronics; (b) the payment system (‘‘HTSUS’’) subheading 8450.20.00. of LRWs in the United States. Whirlpool electronics are enabled (whether or not LRWs and certain parts thereof subject alleges that LRWs are being imported the payment acceptance device has been to this petition may also be imported into the United States in such increased installed at the time of importation) under HTSUS subheadings 8450.11.00, quantities as to be a substantial cause of such that, in normal operation,7 the unit 8450.90.20, and 8450.90.60. Although serious injury, or the threat thereof, to cannot begin a wash cycle without first the domestic industry producing an the HTSUS subheadings are provided article like or directly competitive with 1 A ‘‘tub’’ is the part of the washer designed to for convenience and customs purposes, the imported article. The Commission hold water. the written description of the must submit its report on this 2 A ‘‘basket’’ (sometimes referred to as a ‘‘drum’’) merchandise subject to this petition is investigation to the President no later is the part of the washer designed to hold clothing dispositive. or other fabrics. Determination to institute this than 180 days after institution, which in 3 A ‘‘side wrapper’’ is the cylindrical part of the this case falls on December 4, 2017. (19 basket that actually holds the clothing or other investigation.—Whirlpool initially U.S.C. 2252(f)). fabrics. The articles covered by this 4 A ‘‘drive hub’’ is the hub at the center of the 8 ‘‘Top loading’’ means that access to the basket is from the top of the washer. investigation are all LRWs and certain base that bears the load from the motor. 5 ‘‘Payment system electronics’’ denotes a circuit 9 A ‘‘PSC motor’’ is an asynchronous, alternating parts thereof. For purposes of this board designed to receive signals from a payment current (AC), single phase induction motor that petition, the term LRWs denotes all acceptance device and to display payment amount, employs split phase capacitor technology. automatic clothes washing machines, selected settings, and cycle status. Such electronics 10 A ‘‘belt drive’’ refers to a drive system that regardless of the orientation of the also capture cycles and payment history and includes a belt and pulleys. 11 rotational axis, with a cabinet width provide for transmission to a reader. A ‘‘flat wrap spring clutch’’ is a flat metal 6 A ‘‘security fastener’’ is a screw with a non- spring that, when engaged, links abutted cylindrical (measured from its widest point) of at standard head that requires a non-standard driver. pieces on the input shaft with the end of the least 24.5 inches (62.23 cm) and no Examples include those with a pin in the center of concentric output shaft that connects to the drive more than 32.0 inches (81.28 cm), the head as a ‘‘center pin reject’’ feature to prevent hub. except as noted below. standard Allen wrenches or Torx drivers from 12 ‘‘Front loading’’ means that access to the basket working. is from the front of the washer. Also covered are certain parts used in 7 ‘‘Normal operation’’ refers to the operating 13 A ‘‘controlled induction motor’’ is an large residential washers, namely: (1) mode(s) available to end users (i.e., not a mode asynchronous, alternating current (AC), polyphase All cabinets, or portions thereof, designed for testing or repair by a technician). induction motor.

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submitted a petition on May 31, 2017. in the investigation, provided that the a prehearing brief to the Commission. On June 2, 2017, Commission staff sent application is made not later than 21 Prehearing briefs must conform with the a letter requesting that Whirlpool days after the publication of this notice provisions of sections 201.8, 206.7, and supply additional data on its percentage in the Federal Register. A separate 206.8 of the Commission’s rules. The share of total domestic production and service list will be maintained by the deadline for filing prehearing briefs on estimated data in calculating import-to- Secretary for those parties authorized to injury is August 29, 2017; that for filing production ratios, apparent receive CBI under the APO. prehearing briefs on remedy, including consumption, and market shares held by The Commission may include CBI in any commitments pursuant to 19 U.S.C. imports and domestic producers, in the reports it sends to the President and 2252(a)(6)(B), is October 12, 2017. compliance with Commission Rule to the U.S. Trade Representative. Parties may also file written testimony 206.14 (19 CFR 206.14). On June 5, Additionally, all information, including in connection with their presentation at 2017, Whirlpool amended its petition CBI, submitted in this investigation may the hearing, as provided in sections and provided the additional data be disclosed to and used by (i) the 201.13, 206.5, and 206.8 of the requested by Commission staff. The Commission, its employees and Offices, Commission’s rules, and posthearing Commission determined that the and contract personnel (a) for briefs, which must conform with the petition, as amended, was properly filed developing or maintaining the records provisions of sections 201.8, 201.13, as of June 5, 2017. of this or a related proceeding, or (b) in 206.7, and 206.8 of Commission’s rules. Determination that investigation is internal investigations, audits, reviews, The deadline for filing posthearing extraordinarily complicated.—The and evaluations relating to the briefs for the injury phase of the Commission has determined that this programs, personnel, and operations of investigation is September 14, 2017; the investigation is ‘‘extraordinarily the Commission including under 5 deadline for filing posthearing briefs for complicated’’ within the meaning of U.S.C. Appendix 3; or (ii) by U.S. the remedy phase of the investigation, if section 202(b)(2)(B) of the Act (19 U.S.C. government employees and contract any, is October 26, 2017. In addition, 2252(b)(2)(B)). The Commission’s personnel for cybersecurity purposes. any person who has not entered an decision to designate this investigation The Commission will not otherwise appearance as a party to the ‘‘extraordinarily complicated’’ is based disclose any CBI in a manner that would investigation may submit a written on the complexity of the issues, reveal the operations of the firm statement of information pertinent to including the existence of antidumping supplying the information. the consideration of injury on or before and/or countervailing duty orders on Hearings on injury and remedy.—The September 14, 2017, and pertinent to certain imports covered by this Commission has scheduled separate the consideration of remedy on or before investigation. Ordinarily, the hearings in connection with the injury October 26, 2017. All written Commission would have been required and remedy phases of this investigation. submissions must conform with the to make its injury determination within The hearing on injury will be held provisions of section 201.8 of the 120 days after the petition was filed, or beginning at 9:30 a.m. on September 7, Commission’s rules; any submissions by October 3, 2017. (19 U.S.C. (b)(2)(A)). 2017, at the U.S. International Trade that contain CBI must also conform with The statute permits the Commission to Commission Building, 500 E Street SW., the requirements of sections 201.6 and take up to 30 additional days to make Washington, DC. In the event that the 206.17 of the Commission’s rules. The its injury determination in an Commission makes an affirmative injury Commission’s Handbook on E-Filing, investigation where it determines that determination or is equally divided on available on the Commission’s Web site the investigation is extraordinarily the question of injury in this at https://www.usitc.gov/secretary/ complicated. In this instance, the investigation, a hearing on the question documents/handbook_on_filing_ Commission intends to take two extra of remedy will be held beginning at 9:30 procedures.pdf, elaborates upon the days and make its injury determination a.m. on October 19, 2017. Requests to Commission’s rules with respect to by October 5, 2017. appear at the hearings should be filed in electronic filing. Participation in the investigation and writing with the Secretary to the Any additional written submissions to public service list.—Persons (other than Commission on or before August 31, the Commission, including requests petitioner) wishing to participate in the 2017 for the injury hearing, and October pursuant to section 201.12 of the investigation as parties must file an 13, 2017 for the remedy hearing. A Commission’s rules, will not be entry of appearance with the Secretary nonparty who has testimony that may accepted unless good cause is shown for to the Commission, as provided in aid the Commission’s deliberations may accepting such a submission, or unless section 201.11 of the Commission’s request permission to present a short the submission is pursuant to a specific rules, not later than 21 days after statement at the hearings. All parties request by a Commissioner or publication of this notice in the Federal and nonparties desiring to appear at the Commission staff. Register. The Secretary will prepare a hearings and make oral presentations In accordance with section 201.16(c) service list containing the names and should participate in prehearing of the Commission’s rules, each addresses of all persons, or their conferences to be held on September 5, document filed by a party to the representatives, who are parties to this 2017 for the injury hearing and October investigation must be served on all other investigation upon the expiration of the 17, 2017 for the remedy hearing, if parties to the investigation (as identified period for filing entries of appearance. deemed necessary. Oral testimony and by the service list), and a certificate of Limited disclosure of confidential written materials to be submitted at the service must be timely filed. The business information (CBI) under an public hearings are governed by sections Secretary will not accept a document for administrative protective order (APO) 201.6(b)(2) 201.13(f), and 206.5 of the filing without a certificate of service. and CBI service list.—Pursuant to Commission’s rules. Parties must submit For further information concerning section 206.17 of the Commission’s any request to present a portion of their the conduct of this investigation and rules, the Secretary will make CBI hearing testimony in camera no later rules of general application, consult the gathered in this investigation available than 7 business days prior to the date of Commission’s Rules of Practice and to authorized applicants representing the respective hearings. Procedure, part 201, subparts A and B interested parties (as defined in 19 CFR Written submissions.—Each party (19 CFR part 201), and part 206, 206.17(a)(3)(iii)) under the APO issued who is an interested party may submit subparts A and B (19 CFR part 206).

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Authority: This investigation is being (202) 205–2000. Hearing impaired Sony Corporation, 1–7–1 Konan Minato- conducted under authority of Section 202 of individuals are advised that information ku, Tokyo, 108–0075, Japan the Act; this notice is published pursuant to on this matter can be obtained by Sony Corporation of America, 25 section 203(b)(3) of the Act. contacting the Commission’s TDD Madison Avenue, New York, NY By order of the Commission. terminal on (202) 205–1810. Persons 10010–8601 Issued: June 7, 2017. with mobility impairments who will Sony Electronics Inc., 16535 Via Lisa R. Barton, need special assistance in gaining access Esprillo, San Diego, CA 92127 Secretary to the Commission. to the Commission should contact the Sony Interactive Entertainment, Inc., 1– [FR Doc. 2017–12160 Filed 6–12–17; 8:45 am] Office of the Secretary at (202) 205– 7–1 Konan Minato-ku, Tokyo, 108– BILLING CODE 7020–02–P 2000. General information concerning 0075, Japan the Commission may also be obtained Sony Mobile Communications (USA), by accessing its internet server at Inc., 2207 Bridgepointe Parkway, San INTERNATIONAL TRADE https://www.usitc.gov. The public Mateo, CA 94404 COMMISSION record for this investigation may be Sony Interactive Entertainment LLC, viewed on the Commission’s electronic 2207 Bridgepointe Parkway, San [Investigation No. 337–TA–1060] docket (EDIS) at https://edis.usitc.gov. Mateo, CA 94404 Certain Consumer Electronic Devices, FOR FURTHER INFORMATION CONTACT: Sony Interactive Entertainment America Including Televisions, Gaming Pathenia M. Proctor, The Office of LLC, 2207 Bridgepointe Parkway, San Consoles, Mobile Phones and Tablets, Unfair Import Investigations, U.S. Mateo, CA 94404 and Network-Enabled DVD and Blu- International Trade Commission, (c) The Office of Unfair Import Ray Players; Institution of telephone (202) 205–2560. Investigations, U.S. International Trade Investigation SUPPLEMENTARY INFORMATION: Commission, 500 E Street SW., Suite Authority: The authority for institution of 401, Washington, DC 20436; and AGENCY: U.S. International Trade this investigation is contained in section 337 (3) For the investigation so instituted, Commission. of the Tariff Act of 1930, as amended, 19 the Chief Administrative Law Judge, ACTION: Notice. U.S.C. 1337 and in section 210.10 of the U.S. International Trade Commission, Commission’s Rules of Practice and shall designate the presiding SUMMARY: Notice is hereby given that a Procedure, 19 CFR 210.10 (2017). Administrative Law Judge. complaint was filed with the U.S. Scope of Investigation: Having Responses to the complaint and the International Trade Commission on May considered the complaint, the U.S. notice of investigation must be 9, 2017, under section 337 of the Tariff International Trade Commission, on submitted by the named respondents in Act of 1930, as amended, on behalf of June 6, 2017, ordered that— accordance with section 210.13 of the ARRIS Enterprises LLC of Suwanee, (1) Pursuant to subsection (b) of Commission’s Rules of Practice and Georgia. Supplements were filed on section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to May 26, 2017. The complaint alleges amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such violations of section 337 based upon the to determine whether there is a responses will be considered by the importation into the United States, the violation of subsection (a)(1)(B) of Commission if received not later than 20 sale for importation, and the sale within section 337 in the importation into the days after the date of service by the the United States after importation of United States, the sale for importation, Commission of the complaint and the certain consumer electronic devices, or the sale within the United States after notice of investigation. Extensions of including televisions, gaming consoles, importation of certain consumer time for submitting responses to the mobile phones and tablets, and electronic devices, including complaint and the notice of network-enabled DVD and Blu-ray televisions, gaming consoles, mobile investigation will not be granted unless players by reason of infringement of phones and tablets, and network- good cause therefor is shown. U.S. Patent No. 6,473,858 (‘‘the ’858 enabled DVD and Blu-ray players by Failure of a respondent to file a timely patent’’); U.S. Patent No. 6,934,148 (‘‘the reason of infringement of one or more of response to each allegation in the ’148 patent’’); U.S. Patent No. 7,113,502 claims 29, 33–39, 42, and 43 of the ’858 complaint and in this notice may be (‘‘the ’502 patent’’); U.S. Patent No. patent; claims 1, 2, and 4 of the ’148 deemed to constitute a waiver of the 7,752,564 (‘‘the ’564 patent’’); U.S. patent; claims 1–6, 18–21, and 34–37 of right to appear and contest the Patent No. 8,300,156 (‘‘the ’156 patent’’); the ’502 patent; claims 1–6 and 8–22 of allegations of the complaint and this and U.S. Patent No. 9,521,466 (‘‘the ’466 the ’564 patent; claims 1–6, 9, and 11– notice, and to authorize the patent’’). The complaint further alleges 31 of the ’156 patent; and claims 1–5, administrative law judge and the that an industry in the United States 7, 8, 12, and 15–17 of the ’466 patent, Commission, without further notice to exists as required by the applicable and whether an industry in the United the respondent, to find the facts to be as Federal Statute. States exists as required by subsection alleged in the complaint and this notice The complainant requests that the (a)(2) of section 337; and to enter an initial determination Commission institute an investigation (2) For the purpose of the and a final determination containing and, after the investigation, issue a investigation so instituted, the following such findings, and may result in the limited exclusion order and cease and are hereby named as parties upon which issuance of an exclusion order or a cease desist orders. this notice of investigation shall be and desist order or both directed against ADDRESSES: The complaint, except for served: the respondent. any confidential information contained (a) The complainant is: ARRIS By order of the Commission. therein, is available for inspection Enterprises LLC, 3871 Lakefield Drive, during official business hours (8:45 a.m. Suwanee, GA 30024. Issued: June 7, 2017. to 5:15 p.m.) in the Office of the (b) The respondents are the following Lisa R. Barton, Secretary, U.S. International Trade entities alleged to be in violation of Secretary to the Commission. Commission, 500 E Street SW., Room section 337, and are the parties upon [FR Doc. 2017–12158 Filed 6–12–17; 8:45 am] 112, Washington, DC 20436, telephone which the complaint is to be served: BILLING CODE 7020–02–P

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INTERNATIONAL TRADE 2017. The United States is now to: Consent Decree Library, U.S. DOJ– COMMISSION extending the comment period as set ENRD, P.O. Box 7611, Washington, DC forth below. 20044–7611. [USITC SE–17–026] This Consent Decree resolves disputes Please enclose a check or money order against Westward Seafoods, Inc. with for $36.75 (25 cents per page Government in the Sunshine Act respect to violations of the Clean Air Meeting Notice reproduction cost) payable to the United Act at Westward’s seafood processing States Treasury. For a paper copy facility in Dutch Harbor, Alaska. AGENCY HOLDING THE MEETING: United without the exhibits, the cost is $17.00. States International Trade Commission. Coincidental with the entry of the Consent Decree we are also resolving Susan M. Akers, TIME AND DATE: June 16, 2017 at 11:00 claims for stipulated penalties for Assistant Section Chief, Environmental a.m. violations of a Consent Decree entered Enforcement Section, Environment and PLACE: Room 101, 500 E Street SW., into with Westward regarding this Natural Resources Division. Washington, DC 20436, Telephone: facility in 2010 involving the Facility [FR Doc. 2017–12206 Filed 6–12–17; 8:45 am] (202) 205–2000. (‘‘2010 Decree’’). The same set of facts BILLING CODE 4410–15–P STATUS: Open to the public. give rise to the violations of the CAA and the stipulated penalty provisions of Matters To Be Considered the 2010 Decree. DEPARTMENT OF LABOR 1. Agendas for future meetings: None. The Consent Decree requires a penalty 2. Minutes. of $570,000 ($228,000 to the state of Office of the Secretary 3. Ratification List. Alaska and $342,000 to the United Agency Information Collection 4. Vote in Inv. No. 731–TA–461 States). Moreover, Westward has to pay Activities; Submission for OMB (Fourth Review) (Gray Portland Cement $730,000 to resolve the Stipulated Review; Comment Request; and Cement Clinker from Japan). The Penalty claims. Hence, Westward will Application of the Employee Polygraph Commission is currently scheduled to pay a total of $1,300,000 in penalties. In Protection Act complete and file its determination and addition, the Consent Decree requires that: (1) Westward undertake injunctive views of the Commission by June 29, ACTION: Notice. 2017. relief relating to improved operation 5. Vote in Inv. Nos. 701–TA–564 and and maintenance procedures and SUMMARY: The Department of Labor 731–TA–1338 and 1340 (Final) (Steel employee training focused on the key (DOL) is submitting the Wage and Hour Concrete Reinforcing Bar from Japan power generators; (2) Westward be Division (WHD) sponsored information and Turkey. The Commission is subject to Third Party Verification collection request (ICR) titled, currently scheduled to complete and file regarding compliance with the Decree ‘‘Application of the Employee its determinations and views of the and with Westward’s Clean Air Act Polygraph Protection Act,’’ to the Office Commission by June 30, 2017. permit; and (3) Westward implement of Management and Budget (OMB) for 6. Outstanding action jackets: None. two mitigation projects. review and approval for continued use, In accordance with Commission This publication of this notice holds without change, in accordance with the policy, subject matter listed above, not opens the period for public comment on Paperwork Reduction Act of 1995 disposed of at the scheduled meeting, the Consent Decree. Comments should (PRA). Public comments on the ICR are may be carried over to the agenda of the be addressed to the Assistant Attorney invited. General, Environment and Natural following meeting. Earlier notification DATES: The OMB will consider all of this meeting was not possible. Resources Division, and should refer to United States and State of Alaska v. written comments that agency receives By order of the Commission: Westward Seafoods, Inc., Civil Action on or before July 13, 2017. Issued: June 9, 2017. No. 3:17–cv–00087–TMB, D.J. Ref. No. ADDRESSES: A copy of this ICR with Katherine M. Hiner, 90–5–2–1–09168/1. All comments must applicable supporting documentation; Supervisory Attorney. be submitted no later than twenty (20) including a description of the likely [FR Doc. 2017–12360 Filed 6–9–17; 4:15 pm] days after the publication date of this respondents, proposed frequency of BILLING CODE 7020–02–P notice. Comments may be submitted response, and estimated total burden either by email or by mail: may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ To submit Send them to: DEPARTMENT OF JUSTICE comments: PRAViewICR?ref_nbr=201701-1235-003 Notice of Extended Opportunity To (this link will only become active on the By email ...... pubcomment-ees.enrd@ day following publication of this notice) Comment on Proposed Consent usdoj.gov. Decree Under the Clean Air Act By mail ...... Assistant Attorney General, or by contacting Michel Smyth by U.S. DOJ–ENRD, P.O. Box telephone at 202–693–4129, TTY 202– On April 17, 2017, the Department of 7611, Washington, DC 693–8064, (these are not toll-free Justice lodged a proposed Consent 20044–7611. numbers) or by email at DOL_PRA_ Decree with the United States District [email protected]. Court for the District of Alaska in the During the public comment period, Submit comments about this request lawsuit entitled United States and State the Consent Decree may be examined by mail to the Office of Information and of Alaska v. Westward Seafoods, Inc., and downloaded at this Justice Regulatory Affairs, Attn: OMB Desk Civil Action No. 3:17–cv–00087–TMB. Department Web site: https:// Officer for DOL–WHD, Office of On April 24, 2017, the Notice of www.justice.gov/enrd/consent-decrees. Management and Budget, Room 10235, Lodging of Proposed Consent Decree We will provide a paper copy of the 725 17th Street NW., Washington, DC was published in the Federal Register at Consent Decree upon written request 20503; by Fax: 202–395–5806 (this is 82 FR 18928. The original comment and payment of reproduction costs. not a toll-free number); or by email: period was to extend through May 24, Please mail your request and payment [email protected].

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Commenters are encouraged, but not Register. In order to help ensure reduce paperwork and respondent required, to send a courtesy copy of any appropriate consideration, comments burden, conducts a preclearance comments by mail or courier to the U.S. should mention OMB Control Number consultation program to provide the Department of Labor—OASAM, Office 1235–0005. The OMB is particularly general public and Federal agencies of the Chief Information Officer, Attn: interested in comments that: with an opportunity to comment on Departmental Information Compliance • Evaluate whether the proposed proposed and/or continuing collections Management Program, Room N1301, collection of information is necessary of information in accordance with the 200 Constitution Avenue NW., for the proper performance of the Paperwork Reduction Act (PRA) of 1995 Washington, DC 20210; or by email: functions of the agency, including (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This [email protected]. whether the information will have program helps to ensure that requested practical utility; data can be provided in the desired FOR FURTHER INFORMATION CONTACT: • Michel Smyth by telephone at 202–693– Evaluate the accuracy of the format, reporting burden (time and 4129, TTY 202–693–8064, (these are not agency’s estimate of the burden of the financial resources) is minimized, toll-free numbers) or by email at DOL_ proposed collection of information, collection instruments are clearly [email protected]. including the validity of the understood, and the impact of collection methodology and assumptions used; requirements on respondents is properly SUPPLEMENTARY INFORMATION: This ICR • Enhance the quality, utility, and assessed. seeks to extend PRA authority for the clarity of the information to be Currently, the Department of Labor is Application of the Employee Polygraph collected; and soliciting comments concerning the Protection Act (EPPA) information • Minimize the burden of the collection of data for a study of collection. These third-party collection of information on those who customer satisfaction with five Office of notifications and recordkeeping are to respond, including through the Disability Employment Policy (ODEP) requirements help ensure polygraph use of appropriate automated, Technical Assistance (TA) Centers. A examinees receive the protections and electronic, mechanical, or other copy of the proposed Information rights provided by the EPPA. EPPA technological collection techniques or Request (ICR) can be obtained by sections 5 and 7 through 9 authorize other forms of information technology, contacting the office listed in the this information collection. See 29 e.g., permitting electronic submission of addressee section of this notice. U.S.C. 2004, 2006–2008. responses. DATES: Written comments must be This information collection is subject Agency: DOL–WHD. submitted to the office listed in the to the PRA. A Federal agency generally Title of Collection: Application of the addresses section below on or before cannot conduct or sponsor a collection Employee Polygraph Protection Act. August 14, 2017. of information, and the public is OMB Control Number: 1235–0005. generally not required to respond to an Affected Public: Private Sector— ADDRESSES: You may submit comments information collection, unless it is business or other for-profits, farms, and by either one of the following methods: approved by the OMB under the PRA not-for-profit institutions. Email: [email protected]; and displays a currently valid OMB Total Estimated Number of Mail or Courier: Cherise Hunter, Chief Control Number. In addition, Respondents: 85,200. Evaluation Office, U.S. Department of notwithstanding any other provisions of Total Estimated Number of Labor, Room S–1303, 200 Constitution law, no person shall generally be subject Responses: 757,400. Avenue NW., Washington, DC 20210. to penalty for failing to comply with a Total Estimated Annual Time Burden: Instructions: Please submit one copy 68,739 hours. collection of information that does not of your comments by only one method. Total Estimated Annual Other Costs display a valid Control Number. See 5 All submissions received must include Burden: $0. CFR 1320.5(a) and 1320.6. The DOL the agency name and OMB Control obtains OMB approval for this Authority: 44 U.S.C. 3507(a)(1)(D). Number identified above for this information collection. Because we information collection under Control Dated: June 7, 2017. Number 1235–0005. continue to experience delays in Michel Smyth, receiving mail in the Washington, DC OMB authorization for an ICR cannot Departmental Clearance Officer. be for more than three (3) years without area, commenters are strongly [FR Doc. 2017–12230 Filed 6–12–17; 8:45 am] encouraged to transmit their comments renewal, and the current approval for BILLING CODE 4510–27–P this collection is scheduled to expire on electronically via email or to submit October 31, 2017. The DOL seeks to them by mail early. Comments, including any personal information extend PRA authorization for this DEPARTMENT OF LABOR information collection for three (3) more provided, become a matter of public years, without any change to existing Office of the Secretary record. They will also be summarized requirements. The DOL notes that and/or included in the request for OMB existing information collection Agency Information Collection approval of the information collection requirements submitted to the OMB Activities; Submission for OMB request. receive a month-to-month extension Review; Comment Request; A Study of FOR FURTHER INFORMATION CONTACT: while they undergo review. For Customer Satisfaction With Five Office Cherise Hunter by email at additional substantive information of Disability Employment Policy [email protected]. about this ICR, see the related notice (ODEP) Technical Assistance (TA) SUPPLEMENTARY INFORMATION: published in the Federal Register on Centers I. Background. The Chief Evaluation December 19, 2016 (81 FR 91956). AGENCY: Office of the Assistant Office (CEO) of the U.S. Department of Interested parties are encouraged to Secretary for Policy, Chief Evaluation Labor in partnership with the Office of send comments to the OMB, Office of Office, Department of Labor. Disability Employment Policy (ODEP) Information and Regulatory Affairs at ACTION: Notice. seeks to examine customer satisfaction the address shown in the ADDRESSES with ODEP TA Centers. ODEP section within thirty (30) days of SUMMARY: The Department of Labor established five TA Centers to serve a publication of this notice in the Federal (DOL), as part of its continuing effort to diverse set of purposes, functions, and

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customers. Operating with grants their overall satisfaction with the above data collection for a study of funded by ODEP, these Centers assist interaction, and the likelihood they customer satisfaction with the five employers, federal agencies, state would recommend the Center to others. ODEP TA Centers. DOL is particularly governments, non-profits, individuals * The In-Depth Survey. Frequent interested in comments that: with disabilities, and others with customers and customers who have • Evaluate whether the proposed technical assistance and policy ongoing relationships with the Centers collection of information is necessary development concerning the integration will be contacted annually and invited for the proper performance of the of people with disabilities into to complete a more in-depth web survey functions of the agency, including employment. The overarching goals of to assess their overall satisfaction with whether the information will have the study are to determine the extent to the Centers. In addition to assessing practical utility; which customers are satisfied with the satisfaction with Center staff, the • Evaluate the accuracy of the TA provided by the Centers and to Centers overall, and the utility of agency’s estimate of the burden of the document the processes and methods information obtained, the In-Depth proposed collection of information, used by the TA Centers to encourage the Survey will delve into the utility of including the validity of the adoption and implementation of ODEP’s network and collaborative activities, the methodology and assumptions used; policies and practices by targeted and extent to which the TA was applied or • Enhance the quality, utility, and untargeted customers. This study will implemented, and whether or not the clarity of the information to be answer research questions regarding customer adopted new policies or collected; and how the TA Centers operate, the quality practices. • and utility of the services they provide, * Qualitative Interviews with Minimize the burden of the and the degree to which Center Customers. Qualitative interviews will collection of information on those who programs and services have led to the be conducted annually with a small are to respond, including through the adoption and implementation of ODEP- sample of three types of customers— use of appropriate automated, recommended policies and practices, as employers, government agencies, and electronic, mechanical, or other perceived by customers. This Federal community-based organizations—to technological collection techniques or Register Notice provides the assess the utility and implementation of other forms of information technology, opportunity to comment on the four TA and policy dissemination within e.g., permitting electronic submissions proposed data collection instruments specific settings of different of responses. that will be used in the study: organizations. III. Current Actions. At this time, the * The Pulse Survey. Customers with * Qualitative Interviews with Center Department of Labor is requesting an available email address will receive Staff. Annual qualitative interviews clearance for data collection to assess an email invitation to complete a brief with Center staff will collect customer satisfaction with five ODEP web survey approximately 48 hours information on their perspective on TA Centers via surveys with Center following contact with a TA Center. adoption and implementation of ODEP- customers and qualitative interviews This questionnaire will collect recommended policies and practices. with Center customers and staff. information on the customer’s level of II. Desired Focus of Comments. Type of Review: New information satisfaction with Center staff, the Currently, the Department of Labor is collection request. usefulness of the information obtained, soliciting comments concerning the OMB Control Number: XXXX–0NEW.

ESTIMATED TOTAL BURDEN HOURS

Total Number of Average Data collection activity number of responses per Total annual burden hours Total annual respondents respondent responses per response burden hours

Pulse Survey ...... 33,900 1 11,300 .083 937.90 In-Depth Survey ...... 9,855 1 3,285 .250 821.25 Qualitative Interviews with Customers ...... 72 1 24 1.000 24.00 Qualitative Interviews with Center staff ...... 30 1 10 1.000 10.00

Total ...... 43,857 ...... 14,619 ...... 1793.15

Affected Public: Customers and staff Comments submitted in response to DEPARTMENT OF LABOR of the five ODEP TA Centers: The this request will be summarized and/or Employer Resource Network (EARN); included in the request for Office of Wage and Hour Division the National Collaborative on Workforce Management and Budget approval of the Agency Information Collection and Disability for Youth (NCWD/Y); the information collection request; they will Activities; Announcement of OMB Job Accommodation Network (JAN); the also become a matter of public record. Partnership on Employment and Approvals Accessible Technology (PEAT); and the Dated: June 7, 2017. AGENCY: Wage and Hour Division, National Center on Leadership for the Molly Irwin, Department of Labor. Employment and Economic Chief Evaluation Officer, U.S. Department of Advancement of People with Labor. ACTION: Notice. Disabilities (LEAD). [FR Doc. 2017–12232 Filed 6–12–17; 8:45 am] SUMMARY: The Department of Labor, Form(s): Pulse Survey, In-Depth BILLING CODE 4510–HX–P Survey, Qualitative Interview Wage and Hour Division announces that Discussion Guides. the Office of Management and Budget Total Respondents: 43,857. (OMB) has approved certain collections Annual Frequency: One time. of information listed in the

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SUPPLEMENTARY INFORMATION below, The expiration date for this information meet telephonically on June 21, 2017. following the Wage and Hour Division’s collection is December 31, 2019. The meeting will commence at 2:00 submission of requests for approvals • OMB Control No. 1235–0008, p.m., EDT, and will continue until the under the Paperwork Reduction Act of Davis-Bacon Certified Payroll. The conclusion of the Committee’s agenda. 1995 (PRA). This notice describes the expiration date for this information LOCATION: John N. Erlenborn information collections that have been collection is February 28, 2018. Conference Room, Legal Services approved or re-approved, the • OMB Control No. 1235–0013, Corporation Headquarters, 3333 K Street corresponding OMB Control Numbers, Requirements of a Bona Fide Thrift or NW., Washington, DC 20007. and their current expiration dates. Savings Plan (29 CFR part 547) and PUBLIC OBSERVATION: Members of the FOR FURTHER INFORMATION CONTACT: Requirements of a Bona Fide Profit- public who are unable to attend in Robert Waterman, Compliance Sharing Plan or Trust (29 CFR part 549). person but wish to listen to the public Specialist, Division of Regulations, The expiration date for this information proceedings may do so by following the Legislation, and Interpretation, Wage collection is February 28, 2018. • telephone call-in directions provided and Hour, U.S. Department of Labor, OMB Control No. 1235–0015, below. Room S–3502, 200 Constitution Avenue Report of Construction Contractor’s Wage Rates. The expiration date for this CALL-IN DIRECTIONS FOR OPEN SESSIONS: NW., Washington, DC 20210; telephone: • Call toll-free number: 1–866–451– (202) 693–0406 (this is not a toll-free information collection is June 30, 2017. • OMB Control No. 1235–0016, 4981; number). Copies of this notice may be • When prompted, enter the obtained in alternative formats (Large Application for a Farm Labor Contractor or Farm Labor Contractor Employee following numeric pass code: Print, Braille, Audio Tape, or Disc), 5907707348. upon request, by calling (202) 693–0023 Certificate of Registration. The • expiration date for this information When connected to the call, please (not a toll-free number). TTY/TTD immediately ‘‘MUTE’’ your telephone. callers may dial toll-free (877) 889–5627 collection is November 30, 2018. • Members of the public are asked to to obtain information or request OMB Control No. 1235–0018, Records to be kept by Employers—Fair keep their telephones muted to materials in alternative formats. eliminate background noises. To avoid SUPPLEMENTARY INFORMATION: The PRA Labor Standards Act. The expiration date for this information collection is disrupting the meeting, please refrain and its implementing regulations from placing the call on hold if doing so require Federal agencies to display OMB December 31, 2019. • OMB Control No. 1235–0021, will trigger recorded music or other control numbers and inform sound. From time to time, the Chair may respondents of their legal significance Employment Information Form. The expiration date for this information solicit comments from the public. after OMB has approved an agency’s STATUS OF MEETING: Open. information collections. In accordance collection is December 31, 2019. • MATTERS TO BE CONSIDERED: with those requirements, WHD hereby OMB Control No. 1235–0023, notifies the public that the following Requests to Approve Conformed Wage 1. Approval of agenda information collections have been re- Classifications and Unconventional 2. Approval of minutes of the approved by OMB following WHD’s Fringe Benefit Plans Under the Davis- Committee’s meeting of April 24, submission of an information collection Bacon and Related Acts and Contract 2017 3. Public comment regarding LSC’s request (ICR) for approval or extension Work Hours and Safety Standards Act. fiscal year 2019 budget request of a prior approval: The expiration date for this information • collection is August 31, 2019. • Presentation by a representative of OMB Control No. 1235–0001, • Special Employment Under the Fair OMB Control No. 1235–0024, Work- the American Bar Association’s Labor Standards Act. The expiration Study Program of the Child Labor Standing Committee on Legal Aid date for this information collection is Regulations. The expiration date for this and Indigent Defendants (SCLAID) information collection is June 30, 2019. • Presentation by a representative of December 31, 2019. • • OMB Control No. 1235–0002, OMB Control No. 1235–0025, National Legal Aid and Defender Nondisplacement of Qualified Workers Association (NLADA) Disclosures to Workers Under the • Migrant and Seasonal Agricultural Under Service Contracts, Executive Other Interested Parties Worker Protection Act. The expiration Order 13495. The expiration date for 4. Public comment date for this information collection is this information collection is January 5. Consider and act on other business 31, 2018. 6. Consider and act on adjournment of June 30, 2017. • • OMB Control No. 1235–0003, OMB Control No. 1235–0029, meeting. Family and Medical Leave Act of 1993, Government Contractor Paid Sick Leave. CONTACT PERSON FOR INFORMATION: As Amended. The expiration date for The expiration date for this information Katherine Ward, Executive Assistant to this information collection is May 31, collection is December 31, 2019. the Vice President & General Counsel, at 2018. Dated: June 1, 2017. (202) 295–1500. Questions may be sent _ _ • OMB Control No. 1235–0005, Melissa Smith, by electronic mail to FR NOTICE Application of the Employee Polygraph Director, Division of Regulation, Legislation, [email protected]. Protection Act. The expiration date for and Interpretation. ACCESSIBILITY: LSC complies with the this information collection is October [FR Doc. 2017–12231 Filed 6–12–17; 8:45 am] Americans with Disabilities Act and 31, 2017. BILLING CODE 4510–27–P Section 504 of the 1973 Rehabilitation • OMB Control No. 1235–0006, Act. Upon request, meeting notices and Housing Occupancy Certificate— materials will be made available in Migrant and Seasonal Agricultural LEGAL SERVICES CORPORATION alternative formats to accommodate Worker Protection Act. The expiration individuals with disabilities. date for this information collection is Sunshine Act Meeting Individuals needing other September 30, 2017. accommodations due to disability in • OMB Control No. 1235–0007, Labor DATE AND TIME: The Legal Services order to attend the meeting in person or Standards for Federal Service Contracts. Corporation’s Finance Committee will telephonically should contact Katherine

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Ward, at (202) 295–1500 or FR_ Date and time: July 13, 2017; 1:30 NATIONAL FOUNDATION ON THE [email protected], at least p.m. to 3:30 p.m. ARTS AND THE HUMANITIES 2 business days in advance of the Presenting and Multidisciplinary meeting. If a request is made without Works (review of applications): This National Endowment for the Arts advance notice, LSC will make every meeting will be closed. effort to accommodate the request but Date and time: July 13, 2017; 3:00 National Council on the Arts 191st cannot guarantee that all requests can be p.m. to 5:00 p.m. Meeting fulfilled. Folk and Traditional Arts (review of AGENCY: National Endowment for the Dated: June 8, 2017. applications): This meeting will be Arts, National Foundation on the Arts closed. Katherine Ward, and Humanities. Date and time: July 17, 2017; 1:00 ACTION: Notice of meeting. Executive Assistant to the Vice President for p.m. to 3:00 p.m. Legal Affairs and General Counsel. Presenting and Multidisciplinary SUMMARY: Pursuant to the Federal [FR Doc. 2017–12330 Filed 6–9–17; 4:15 pm] Works (review of applications): This Advisory Committee Act (Pub. L. 92– BILLING CODE 7050–01–P meeting will be closed. 463), as amended, notice is hereby given Date and time: July 17, 2017; 3:00 that a meeting of the National Council p.m. to 5:00 p.m. on the Arts will be held in Conference NATIONAL FOUNDATION ON THE Folk and Traditional Arts (review of Room 3063/3064 and Conference Rooms ARTS AND THE HUMANITIES applications): This meeting will be A & B at Constitution Center, 400 7th St. closed. SW., Washington, DC 20506. Agenda National Endowment for the Arts Date and time: July 18, 2017; 1:00 times are approximate. p.m. to 3:00 p.m. DATES: Thursday, June 29th, 2017 from Arts Advisory Panel Meetings Presenting and Multidisciplinary 12:30 p.m. to 2:30 p.m. and Friday, June Works (review of applications): This AGENCY: National Endowment for the 30th, 2017 from 9:00 a.m. to 11:30 a.m. meeting will be closed. Arts, National Foundation on the Arts FOR FURTHER INFORMATION CONTACT: Date and time: July 18, 2017; 3:00 and Humanities. Office of Public Affairs, National p.m. to 5:00 p.m. Endowment for the Arts, Washington, ACTION: Notice of meetings. Arts Education (review of DC 20506, at 202–682–5570. applications): This meeting will be SUMMARY: Pursuant to the Federal SUPPLEMENTARY INFORMATION: The Advisory Committee Act, as amended, closed. Date and time: July 19, 2017; 1:30 meeting on June 29th from 12:30 p.m. to notice is hereby given that 14 meetings 2:30 p.m., will be in Conference Room of the Arts Advisory Panel to the p.m. to 3:30 p.m. Museums (review of applications): 3063/3064 and will be closed for National Council on the Arts will be This meeting will be closed. discussion of National Medal of Arts held by teleconference. Date and time: July 19, 2017; 11:30 nominations. The meeting on June 30th, DATES: See the SUPPLEMENTARY a.m. to 1:30 p.m. in Conference Rooms A & B from 9:00 INFORMATION section for individual Museums (review of applications): a.m. to 11:30 a.m., will be open to the meeting times and dates. All meetings This meeting will be closed. public on a space available basis. The are Eastern time and ending times are Date and time: July 19, 2017; 2:30 tentative agenda is as follows: The approximate: p.m. to 4:30 p.m. meeting will begin at 9:00 a.m. with opening remarks and voting on ADDRESSES: National Endowment for the Museums (review of applications): recommendations for funding and Arts, Constitution Center, 400 7th St. This meeting will be closed. rejection and guidelines, followed by SW., Washington, DC 20506. Date and time: July 20, 2017; 11:30 updates from the Chairman. There also FOR FURTHER INFORMATION CONTACT: a.m. to 1:30 p.m. Arts Education (review of will be the following presentations Further information with reference to (times are approximate): from 9:30 a.m. these meetings can be obtained from Ms. applications): This meeting will be closed. to 10:00 a.m.—Presentation on Sherry P. Hale, Office of Guidelines & TimeSlips Creative Storytelling (Anne Panel Operations, National Endowment Date and time: July 20, 2017; 1:30 p.m. to 3:30 p.m. Basting, Founder & President of for the Arts, Washington, DC 20506; TimeSlips); from 10:00 a.m. to 10:30 [email protected], or call 202–682–5696. Arts Education (review of applications): This meeting will be a.m.—Presentation on The Matheny SUPPLEMENTARY INFORMATION: The closed. School and Hospital (Dr. Kenneth closed portions of meetings are for the Date and time: July 27, 2017; 1:30 Robey, Director of Research Institute in purpose of Panel review, discussion, p.m. to 3:30 p.m. Developmental Disabilities); from 10:30 evaluation, and recommendations on Literature (review of applications): a.m.–11:00 a.m.—Presentation on Metro financial assistance under the National This meeting will be closed. Nashville Arts Commission (Jen Cole, Foundation on the Arts and the Date and time: August 2, 2017; 2:30 Executive Director). From 11:00–11:15 Humanities Act of 1965, as amended, p.m. to 4:30 p.m. a.m. there will be concluding remarks including information given in Literature (review of applications): from the Chairman and announcement confidence to the agency. In accordance This meeting will be closed. of voting results. The meeting will with the determination of the Chairman Date and time: August 3, 2017; 2:30 adjourn at 11:30 a.m. of July 5, 2016, these sessions will be p.m. to 4:30 p.m. The Friday, June 30th session also closed to the public pursuant to will be webcast. To register to watch the subsection (c)(6) of section 552b of title Dated: June 8, 2017. webcasting of this open session of the 5, United States Code. Sherry P. Hale, meeting, go to https://www.arts.gov/ The upcoming meetings are: Staff Assistant, National Endowment for the event/2017/national-council-arts-june- Arts Education (review of Arts. 2017-public-meeting. applications): This meeting will be [FR Doc. 2017–12214 Filed 6–12–17; 8:45 am] If, in the course of the open session closed. BILLING CODE 7537–01–P discussion, it becomes necessary for the

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Council to discuss non-public DATES: Notice of issuance of amendment reference with the Deputy Manager, commercial or financial information of to Materials License No. SNM–2504 Idaho Cleanup Project in each of the intrinsic value, the Council will go into given on June 13, 2017. documents. closed session pursuant to subsection ADDRESSES: Please refer to Docket ID In a letter to DOE dated December 9, (c)(4) of the Government in the NRC–2017–0051 when contacting the 2016, NRC notified DOE that the Sunshine Act, 5 U.S.C. 552b, and in NRC about the availability of application was acceptable to begin a accordance with the February 15, 2012 information regarding this document. technical review (ADAMS Accession determination of the Chairman. You may obtain publicly-available No. ML16347A129). In accordance with Additionally, discussion concerning information related to this document § 72.16 of tittle 10 of the Code of Federal purely personal information about using any of the following methods: Regulations (10 CFR), a notice of individuals, such as personal • Federal Rulemaking Web site: Go to docketing was published in the Federal biographical and salary data or medical http://www.regulations.gov and search Register on February 23, 2017 (82 FR information, may be conducted by the for Docket ID NRC–2017–0051. Address 11484). Council in closed session in accordance questions about NRC dockets to Carol The NRC prepared a safety evaluation with subsection (c)(6) of 5 U.S.C. 552b. Gallagher; telephone: 301–415–3463; report (SER) (ADAMS Accession No. Any interested persons may attend, as email: [email protected]. For ML17151A391) to document its review observers, Council discussions and technical questions, contact the and evaluation of the amendment reviews that are open to the public. If individual listed in the FOR FURTHER request. As further explained in the you need special accommodations due INFORMATION CONTACT section of this SER, the NRC has also determined that to a disability, please contact the Office document. the license amendment is administrative of Accessibility, National Endowment • NRC’s Agencywide Documents in nature, and therefore satisfies the 10 for the Arts, Constitution Center, 400 Access and Management System CFR 51.22(c)(11) criteria for a 7th St. SW., Washington, DC 20506, (ADAMS): You may obtain publicly- categorical exclusion from the 202–682–5733, Voice/T.T.Y. 202–682– available documents online in the requirement to prepare an 5496, at least seven (7) days prior to the ADAMS Public Documents collection at environmental impact statement. Under meeting. http://www.nrc.gov/reading-rm/ 10 CFR 51.22(c)(11), this action is eligible for categorical exclusion, Dated: June 8, 2017. adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then because it is an amendment to a Sherry P. Hale, select ‘‘Begin Web-based ADAMS materials licenses which is Staff Assistant, Office of Guidelines and Panel Search.’’ For problems with ADAMS, administrative, organizational, or Operations. please contact the NRC’s Public procedural in nature, or which results in [FR Doc. 2017–12213 Filed 6–12–17; 8:45 am] Document Room (PDR) reference staff at a change in process operations or equipment, provided that (i) there is no BILLING CODE 7537–01–P 1–800–397–4209, 301–415–4737, or by significant change in the types or email to [email protected]. The Fort significant increase in the amounts of St. Vrain license amendment request is any effluents that may be released available electronically in ADAMS NUCLEAR REGULATORY offsite, (ii) there is no significant under Accession No. ML16258A179. COMMISSION • NRC’s PDR: You may examine and increase in individual or cumulative purchase copies of public documents at occupational radiation exposure, (iii) there is no significant construction [Docket No. 72–09; NRC–2017–0051] the NRC’s PDR, Room O1–F21, One impact, and (iv) there is no significant White Flint North, 11555 Rockville increase in the potential for or U.S. Department of Energy; Fort St. Pike, Rockville, Maryland 20852. Vrain Independent Spent Fuel Storage consequences from radiological FOR FURTHER INFORMATION CONTACT: Jose Installation accidents. Consequently, an Cuadrado, Office of Nuclear Material environmental assessment and finding AGENCY: Nuclear Regulatory Safety and Safeguards, U.S. Nuclear of no significant impact are not Commission. Regulatory Commission, Washington, required. ACTION: License amendment application; DC 20555–0001; telephone: 301–415– Upon completing its review, the NRC issuance. 0606; email: [email protected]. staff determined the request complies SUPPLEMENTARY INFORMATION: By letter with the standards and requirements of SUMMARY: The U.S. Nuclear Regulatory dated September 8, 2016, DOE the Atomic Energy Act of 1954, as Commission (NRC) reviewed an submitted to the NRC an application to amended (the Act), as well as the NRC’s application by the U.S. Department of amend the Materials License No. SNM– rules and regulations. The Commission Energy (DOE) for an amendment to 2504 for the FSV ISFSI, located in has made appropriate findings as Materials License No. SNM–2504, for Platteville, Colorado (ADAMS required by the Act and the the Fort St. Vrain (FSV) independent Accession No. ML16258A179). Commission’s rules and regulations in spent fuel storage installation (ISFSI), Materials License No. SNM–2504 10 CFR chapter I, which are set forth in located in Platteville, Colorado. The authorizes the licensee to receive, the license amendment. The NRC amendment revises the licensee possess, store, and transfer spent approved and issued Amendment No. delegation of authority in the license, nuclear fuel from the decommissioned 11 to Special Nuclear Materials License the technical specifications, and the FSV Nuclear Generating Station. The No. SNM–2504, held by DOE for the final safety analysis report. These proposed amendment revises the receipt, possession, transfer, and storage documents currently delegate authority licensee delegation of authority in the of spent fuel and associated radioactive under the license to the Manager, DOE license, the technical specifications, and materials at the FSV ISFSI. Amendment Idaho Operations Office. The the final safety analysis report. These No. 11 was effective as of the date of amendment would replace that documents currently delegate authority issuance. reference with the Deputy Manager, under the license to the Manager, DOE In accordance with 10 CFR Idaho Cleanup Project in each of the Idaho Operations Office. The 72.46(b)(2), the NRC has determined documents. amendment would replace that that Amendment No. 11 does not

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present a genuine issue as to whether Week of July 17, 2017—Tentative ACTION: Generic communications; the health and safety of the public will There are no meetings scheduled for withdrawal. be significantly affected. Therefore, the the week of July 17, 2017. publication of a notice of proposed SUMMARY: The U.S. Nuclear Regulatory action and an opportunity for hearing or * * * * * Commission (NRC) is withdrawing the selected generic communications a notice of hearing is not warranted. Additional Information Notice is hereby given of the right of because their guidance no longer The Briefing on Human Capital and interested persons to request a hearing provides useful information, their Equal Employment Opportunity on whether the action should be guidance is superseded by updated scheduled for 10:00 a.m. on Tuesday, rescinded or modified. guidance, or the information can be June 13, 2017 has been changed to 2:00 more effectively made available to Dated at Rockville, Maryland, this 25th day p.m. on Thursday, June 22, 2017. interested stakeholders by other means. of May, 2017. * * * * * DATES: The effective date of the For the Nuclear Regulatory Commission. The schedule for Commission withdrawals is June 13, 2017. John McKirgan, meetings is subject to change on short ADDRESSES: Please refer to Docket ID Chief, Spent Fuel Licensing Branch, Division notice. For more information or to verify NRC–2017–0126 when contacting the of Spent Fuel Management, Office of Nuclear the status of meetings, contact Denise Material Safety and Safeguards. NRC about the availability of McGovern at 301–415–0681 or via email information regarding this document. [FR Doc. 2017–12136 Filed 6–12–17; 8:45 am] at [email protected]. You may obtain publicly-available BILLING CODE 7590–01–P * * * * * information related to this document The NRC Commission Meeting using any of the following methods: • Federal Rulemaking Web site: Go to NUCLEAR REGULATORY Schedule can be found on the Internet http://www.regulations.gov and search COMMISSION at: http://www.nrc.gov/public-involve/ public-meetings/schedule.html. for Docket ID NRC–2017–0126. Address * * * * * questions about NRC dockets to Carol [NRC–2017–0001] The NRC provides reasonable Gallagher; telephone: 301–415–3463; email: [email protected]. For Sunshine Act Meeting Notice accommodation to individuals with disabilities where appropriate. If you technical questions, contact the individual listed in the FOR FURTHER DATE: Weeks of June 12, 19, 26, July 3, need a reasonable accommodation to participate in these public meetings, or INFORMATION CONTACT section of this 10, 17, 2017. document. need this meeting notice or the • PLACE: Commissioners’ Conference transcript or other information from the NRC’s Agencywide Documents Room, 11555 Rockville Pike, Rockville, public meetings in another format (e.g., Access and Management System Maryland. Braille, large print), please notify (ADAMS): You may obtain publicly- STATUS: Public and Closed. Kimberly Meyer, NRC Disability available documents online in the Program Manager, at 301–287–0739, by ADAMS Public Documents collection at Week of June 12, 2017 videophone at 240–428–3217, or by http://www.nrc.gov/reading-rm/ Thursday, June 15, 2017 email at Kimberly.Meyer-Chambers@ adams.html. To begin the search, select nrc.gov. Determinations on requests for ‘‘ADAMS Public Documents’’ and then 9:00 a.m.— Briefing on Results of the reasonable accommodation will be select ‘‘Begin Web-based ADAMS Agency Action Review Meeting made on a case-by-case basis. Search.’’ For problems with ADAMS, (Public Meeting) (Contact: Andrew please contact the NRC’s Public Waugh: 301–415–5601) * * * * * Document Room (PDR) reference staff at Members of the public may request to 1–800–397–4209, 301–415–4737, or by This meeting will be webcast live at receive this information electronically. the Web address—http://www.nrc.gov/. email to [email protected]. The If you would like to be added to the ADAMS accession number for each Week of June 19, 2017—Tentative distribution, please contact the Nuclear document referenced (if it is available in Regulatory Commission, Office of the Thursday, June 22, 2017 ADAMS) is provided the first time that Secretary, Washington, DC 20555 (301– it is mentioned in this document. 2:00 p.m.—Briefing on Human Capital 415–1969), or email • NRC’s PDR: You may examine and and Equal Employment [email protected] or purchase copies of public documents at Opportunity (Public Meeting) [email protected]. the NRC’s PDR, Room O1–F21, One (Contact: Tanya Parwani-Jaimes: Dated: June 8, 2017. White Flint North, 11555 Rockville 301–287–0730) Denise L. McGovern, Pike, Rockville, Maryland 20852. This meeting will be webcast live at Policy Coordinator, Office of the Secretary. FOR FURTHER INFORMATION CONTACT: the Web address—http://www.nrc.gov/. [FR Doc. 2017–12245 Filed 6–9–17; 11:15 am] Erika A. Lee, Office of Nuclear Reactor BILLING CODE 7590–01–P Regulation, U.S. Nuclear Regulatory Week of June 26, 2017—Tentative Commission, Washington, DC 20555– There are no meetings scheduled for 0001; telephone: 301–415–2065; email: the week of June 26, 2017. NUCLEAR REGULATORY [email protected]. COMMISSION SUPPLEMENTARY INFORMATION: Week of July 3, 2017—Tentative Discussion There are no meetings scheduled for [NRC–2017–0126] A. General Information the week of July 3, 2017. Superseded or Outdated Generic Week of July 10, 2017—Tentative Communications The NRC performs periodic reviews of generic communications and withdraws There are no meetings scheduled for AGENCY: Nuclear Regulatory them when they no longer provide the week of July 10, 2017. Commission. useful information or are superseded by

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technological innovations or updated 2013 (ADAMS Accession No. Gallagher; telephone: 301–415–3463; guidance. A withdrawal includes the ML13273A190). email: [email protected]. For original generic communication and any This supplement to RIS 2013–16 was technical questions, contact the supplements or revisions. The NRC is issued to notify addressees that NRC individual listed in the FOR FURTHER currently publishing withdrawals of appropriations no longer supported INFORMATION CONTACT section of this generic communications on a quarterly normal operations, and the NRC would document. basis. be operating at a reduced level. Since • NRC’s Agencywide Documents Withdrawal of the original generic the guidance only applied to the Federal Access and Management System communication and supplements, if Government shutdown of 2013, there is (ADAMS): You may obtain publicly- applicable, will not affect the public’s no longer a need for this RIS. available documents online in the ability to obtain this information. The Dated at Rockville, Maryland, this 5th day ADAMS Public Documents collection at original generic communication and of June 2017. http://www.nrc.gov/reading-rm/ supplements will remain accessible For the Nuclear Regulatory Commission. adams.html. To begin the search, select through ADAMS and the NRC’s generic ‘‘ADAMS Public Documents’’ and then communications Web site. The NRC’s Alexander D. Garmoe, select ‘‘Begin Web-based ADAMS generic communications Web site will Chief (Acting), Generic Communications Search.’’ For problems with ADAMS, be updated to reflect the generic Branch, Division of Policy and Rulemaking, please contact the NRC’s Public Office of Nuclear Reactor Regulation. communications status as withdrawn. Document Room (PDR) reference staff at The generic communications Web site is [FR Doc. 2017–12138 Filed 6–12–17; 8:45 am] 1–800–397–4209, 301–415–4737, or by accessible at https://www.nrc.gov/ BILLING CODE 7590–01–P email to [email protected]. The reading-rm/doc-collections/gen-comm/. Idaho Spent Fuel Facility License amendment request is available B. Withdrawals of Generic NUCLEAR REGULATORY electronically in ADAMS under Communications COMMISSION Accession No. ML16258A178. The following generic [Docket No. 72–25; NRC–2017–0049] • NRC’s PDR: You may examine and communications are withdrawn: purchase copies of public documents at • Generic Letter (GL) 1978–35, U.S. Department of Energy; Idaho the NRC’s PDR, Room O1–F21, One ‘‘Regional Meetings to Discuss Spent Fuel Facility Independent Spent White Flint North, 11555 Rockville Upgraded Guard Qualifications,’’ Fuel Storage Installation Pike, Rockville, Maryland 20852. August 25, 1978 (ADAMS Accession AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: Jose No. ML031280394). Cuadrado, Office of Nuclear Material The meeting dates of September 27, Commission. Safety and Safeguards, U.S. Nuclear October 3, October 5, and October 11, ACTION: License amendment application; Regulatory Commission, Washington, 1978, referenced in this GL have passed. issuance. DC 20555–0001; telephone: 301–415– • GL 1978–37, ‘‘Revised Meeting SUMMARY: The U.S. Nuclear Regulatory 0606; email: [email protected]. Schedule and Locations for Upgraded Commission (NRC) reviewed an Guard Qualifications,’’ September 12, SUPPLEMENTARY INFORMATION: By letter application by the U.S. Department of 1978 (ADAMS Accession No. dated September 8, 2016, DOE Energy (DOE) for an amendment to ML031280398). submitted to the NRC an application to Materials License No. SNM–2512, for The meeting dates of September 27, amend the Materials License No. SNM– the Idaho Spent Fuel Facility October 3, October 5, and October 13, 2512 for the Idaho Spent Fuel Facility independent spent fuel storage 1978, referenced in this GL have passed. ISFSI, located on the Idaho National • GL 1995–08, Revision 1, ‘‘10 CFR installation (ISFSI), located on the Idaho Engineering Laboratory in Butte County, 50.54(p) Process for Changes to Security National Engineering Laboratory in Idaho (ADAMS Accession No. Plans Without Prior NRC Approval,’’ Butte County, Idaho. The amendment ML16258A178). Materials License No. April 16, 2014 (ADAMS Accession No. revises the licensee delegation of SNM–2512 authorizes the licensee to ML14055A356). authority in the license, the technical receive, possess, store, and transfer This GL was issued to withdraw the specifications, and the final safety spent nuclear fuel elements from the original GL 1995–08, dated October 31, analysis report. These documents Peach Bottom Unit 1 reactor and various 1995. Since the original GL has been currently delegate authority under the TRIGA reactors; reflector modules and withdrawn, there is no longer a need for license to the Manager, DOE Idaho rods from the Shippingport reactor; and this revision, and it is also withdrawn. Operations Office. The amendment associated radioactive materials and • Regulatory Issue Summary (RIS) would replace that reference with the components related to the fuel elements’ 2013–16, ‘‘Interactions Between the Deputy Manager, Idaho Cleanup Project receipt, transfer, and storage. The NRC and NRC Stakeholders During a in each of the documents. proposed amendment revises the Lapse of Agency Appropriations,’’ DATES: Notice of issuance of amendment licensee delegation of authority in the October 1, 2013 (ADAMS Accession No. to Materials License No. SNM–2512 license, the technical specifications, and ML110550923). given on June 13, 2017. the final safety analysis report. These This RIS was issued to inform ADDRESSES: Please refer to Docket ID documents currently delegate authority addressees on how to communicate and NRC–2017–0049 when contacting the under the license to the Manager, DOE interact with NRC during the Federal NRC about the availability of Idaho Operations Office. The Government shutdown of 2013. Since information regarding this document. amendment would replace that the guidance only applied to the Federal You may obtain publicly-available reference with the Deputy Manager, Government shutdown of 2013, there is information related to this document Idaho Cleanup Project in each of the no longer a need for this RIS. using any of the following methods: documents. • RIS 2013–16, Supplement 1, • Federal Rulemaking Web site: Go to In a letter to DOE dated December 9, ‘‘Interactions Between the NRC and http://www.regulations.gov and search 2016, the NRC notified DOE that the NRC Stakeholders During a Lapse of for Docket ID NRC–2017–0049. Address application was acceptable to begin a Agency Appropriations,’’ October 9, questions about NRC dockets to Carol technical review (ADAMS Accession

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No. ML16347A133). In accordance with interested persons to request a hearing • NRC’s Agencywide Documents § 72.16 of title 10 of the Code of Federal on whether the action should be Access and Management System Regulations (10 CFR), a notice of rescinded or modified. (ADAMS): You may obtain publicly- docketing was published in the Federal Dated at Rockville, Maryland, this 25th day available documents online in the Register on February 23, 2017 (82 FR of May 2017. ADAMS Public Documents collection at 11485). For the Nuclear Regulatory Commission. http://www.nrc.gov/reading-rm/ The NRC prepared a safety evaluation John McKirgan, adams.html. To begin the search, select report (SER) (ADAMS Accession No. ‘‘ADAMS Public Documents’’ and then Chief, Spent Fuel Licensing Branch, Division ML17151A201) to document its review select ‘‘Begin Web-based ADAMS and evaluation of the amendment of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards. Search.’’ For problems with ADAMS, request. As further explained in the please contact the NRC’s Public [FR Doc. 2017–12135 Filed 6–12–17; 8:45 am] SER, the NRC has also determined that Document Room (PDR) reference staff at BILLING CODE 7590–01–P the license amendment is administrative 1–800–397–4209, 301–415–4737, or by in nature, and therefore satisfies the 10 email to [email protected]. The CFR 51.22(c)(11) criteria for a NUCLEAR REGULATORY Three Mile Island 2 license amendment categorical exclusion from the COMMISSION request is available electronically in requirement to prepare an ADAMS under Accession No. environmental impact statement. Under ML16258A191. [Docket No. 72–20; NRC–2017–0050] 10 CFR 51.22(c)(11), this action is • NRC’s PDR: You may examine and eligible for categorical exclusion, U.S. Department of Energy; Three Mile purchase copies of public documents at because it is an amendment to a Island 2 Independent Spent Fuel the NRC’s PDR, Room O1–F21, One materials licenses which is Storage Installation White Flint North, 11555 Rockville administrative, organizational, or Pike, Rockville, Maryland 20852. procedural in nature, or which results in AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: Jose a change in process operations or Commission. Cuadrado, Office of Nuclear Material equipment, provided that (i) there is no ACTION: License amendment application; Safety and Safeguards, U.S. Nuclear significant change in the types or issuance. Regulatory Commission, Washington, significant increase in the amounts of DC 20555–0001; telephone: 301–415– any effluents that may be released SUMMARY: The U.S. Nuclear Regulatory 0606; email: [email protected]. offsite, (ii) there is no significant Commission (NRC) reviewed an SUPPLEMENTARY INFORMATION: By letter increase in individual or cumulative application by the U.S. Department of dated September 8, 2016, DOE occupational radiation exposure, (iii) Energy (DOE) for an amendment to submitted to the NRC an application to there is no significant construction Materials License No. SNM–2508, for amend the Materials License No. SNM– impact, and (iv) there is no significant the Three Mile Island 2 (TMI–2) 2508 for the TMI–2 ISFSI, located on the increase in the potential for or independent spent fuel storage Idaho National Engineering Laboratory consequences from radiological installation (ISFSI), located on the Idaho in Butte County, Idaho (ADAMS accidents. Consequently, an National Engineering Laboratory in Accession No. ML16258A191). environmental assessment and finding Butte County, Idaho. The amendment Materials License No. SNM–2508 of no significant impact are not revises the licensee delegation of authorizes the licensee to receive, required. authority in the license, the technical possess, store, and transfer canisters Upon completing its review, the NRC specifications, and the final safety containing core debris and damaged staff determined the request complies analysis report. These documents spent nuclear fuel from the Three Mile with the standards and requirements of currently delegate authority under the Island Unit 2 (TMI–2) reactor, in the Atomic Energy Act of 1954, as license to the Manager, DOE Idaho addition to other authorized uses. The amended (the Act), as well as the NRC’s Operations Office. The amendment proposed amendment revises the rules and regulations. The Commission would replace that reference with the licensee delegation of authority in the has made appropriate findings as Deputy Manager, Idaho Cleanup Project license, the technical specifications, and required by the Act and the in each of the documents. Commission’s rules and regulations in the final safety analysis report. These 10 CFR Chapter I, which are set forth in DATES: Notice of issuance of amendment documents currently delegate authority the license amendment. The NRC to Materials License No. SNM–2508 under the license to the Manager, DOE approved and issued Amendment No. 3 given on June 13, 2017. Idaho Operations Office. The to Special Nuclear Materials License No. ADDRESSES: Please refer to Docket ID amendment would replace that SNM–2512, held by DOE for the receipt, NRC–2017–0050 when contacting the reference with the Deputy Manager, possession, transfer, and storage of NRC about the availability of Idaho Cleanup Project in each of the spent fuel and associated radioactive information regarding this document. documents. materials at the Idaho Spent Fuel You may obtain publicly-available In a letter to DOE dated December 9, Facility ISFSI. Amendment No. 3 was information related to this document 2016, NRC notified DOE that the effective as of the date of issuance. using any of the following methods: application was acceptable to begin a In accordance with 10 CFR • Federal Rulemaking Web site: Go to technical review (ADAMS Accession 72.46(b)(2), the NRC has determined http://www.regulations.gov and search No. ML16347A192). In accordance with that Amendment No. 3 does not present for Docket ID NRC–2017–0050. Address § 72.16 of title 10 of the Code of Federal a genuine issue as to whether the health questions about NRC dockets to Carol Regulations (10 CFR), a notice of and safety of the public will be Gallagher; telephone: 301–415–3463; docketing was published in the Federal significantly affected. Therefore, the email: [email protected]. For Register on February 22, 2017 (82 FR publication of a notice of proposed technical questions, contact the 11371). action and an opportunity for hearing or individual listed in the FOR FURTHER The NRC prepared a safety evaluation a notice of hearing is not warranted. INFORMATION CONTACT section of this report (SER) (ADAMS Accession No. Notice is hereby given of the right of document. ML17151A327) to document its review

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and evaluation of the amendment For the Nuclear Regulatory Commission. email: [email protected]. For request. As further explained in the John McKirgan, technical questions, contact the SER, the NRC has also determined that Chief, Spent Fuel Licensing Branch, Division individual listed in the FOR FURTHER the license amendment is administrative of Spent Fuel Management, Office of Nuclear INFORMATION CONTACT section of this in nature, and therefore satisfies the 10 Material Safety and Safeguards. document. CFR 51.22(c)(11) criteria for a [FR Doc. 2017–12137 Filed 6–12–17; 8:45 am] • NRC’s Agencywide Documents categorical exclusion from the BILLING CODE 7590–01–P Access and Management System requirement to prepare an (ADAMS): You may obtain publicly- environmental impact statement. Under available documents online in the NUCLEAR REGULATORY 10 CFR 51.22(c)(11), this action is ADAMS Public Documents collection at COMMISSION eligible for categorical exclusion, http://www.nrc.gov/reading-rm/ because it is an amendment to a [Docket No. 70–7003; NRC–2017–0137] adams.html. To begin the search, select materials licenses which is ‘‘ADAMS Public Documents’’ and then administrative, organizational, or The American Centrifuge Lead select ‘‘Begin Web-based ADAMS procedural in nature, or which results in Cascade Facility in Piketon, Ohio Search.’’ For problems with ADAMS, a change in process operations or please contact the NRC’s Public AGENCY: Nuclear Regulatory Document Room (PDR) reference staff at equipment, provided that (i) there is no Commission. 1–800–397–4209, 301–415–4737, or by significant change in the types or ACTION: Environmental assessment and email to [email protected]. The significant increase in the amounts of finding of no significant impact; ADAMS accession number for each any effluents that may be released issuance. document referenced (if it is available in offsite, (ii) there is no significant ADAMS) is provided the first time that increase in individual or cumulative SUMMARY: The U.S. Nuclear Regulatory it is mentioned in this document. occupational radiation exposure, (iii) Commission (NRC) is issuing an • NRC’s PDR: You may examine and there is no significant construction environmental assessment (EA) and a finding of no significant impact purchase copies of public documents at impact, and (iv) there is no significant the NRC’s PDR, Room O1–F21, One increase in the potential for or regarding a request from American Centrifuge Operating, LLC (ACO or the White Flint North, 11555 Rockville consequences from radiological Pike, Rockville, Maryland 20852. accidents. Consequently, an licensee). ACO is authorized to possess environmental assessment and finding and use special nuclear material (SNM), FOR FURTHER INFORMATION CONTACT: Jean of no significant impact are not source material, and byproduct material Trefethen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear required. at its Lead Cascade Facility (LCF) in Ohio under NRC License SNM–7003, Regulatory Commission, Washington, Upon completing its review, the NRC issued in 2004. ACO requested the DC 20555–0001; telephone: 301–415– staff determined the request complies NRC’s approval to ship radioactively 0867, email: [email protected]. with the standards and requirements of contaminated and non-contaminated SUPPLEMENTARY INFORMATION: the Atomic Energy Act of 1954, as classified matter and waste from the amended (the Act), as well as the NRC’s LCF to the Nevada National Security I. Introduction rules and regulations. The Commission Site (NNSS) operated by the U.S. By letter dated February 24, 2017 and has made appropriate findings as Department of Energy (DOE). The supplemented on March 10, 2017 required by the Act and the classified matter and waste would be (ADAMS Accession Nos. ML17073A109 Commission’s rules and regulations in permanently buried at the NNSS. ACO and ML17087A285, respectively), the 10 CFR Chapter I, which are set forth in operated the LCF on DOE’s site in licensee requested NRC approval of the license amendment. The NRC Piketon, Ohio, where a gaseous ACO’s plan to ship off site for disposal approved and issued Amendment No. 5 diffusion uranium enrichment plant had radioactively contaminated and non- to Special Nuclear Materials License No. previously operated. The LCF was contaminated classified matter and SNM–2508, held by DOE for the receipt, operated as a test facility using waste generated at the American possession, transfer, and storage of centrifuges to enrich uranium, and Centrifuge LCF. The LCF is located on spent fuel and associated radioactive provided reliability, performance, cost an approximately 3,700 acre (1,500 materials at the TMI–2 ISFSI. and other data for use in deciding hectare) site in Pike County, Ohio, that Amendment No. 5 was effective as of whether to construct and operate a is owned by the DOE. The DOE leases the date of issuance. commercial uranium enrichment plant portions of this site, including the LCF at DOE’s Piketon, Ohio, site. In accordance with 10 CFR buildings, to the licensee. The LCF DATES: The EA and FONSI referenced in 72.46(b)(2), the NRC has determined classified matter and waste would be this document are available on June 13, sent to the DOE’s NNSS for permanent that Amendment No. 5 does not present 2017. a genuine issue as to whether the health disposal there. The NRC staff has ADDRESSES: and safety of the public will be Please refer to Docket ID prepared an EA (ML17153A093) as part significantly affected. Therefore, the NRC–2017–0137 when contacting the of its review of this proposed action in NRC about the availability of accordance with the requirements in publication of a notice of proposed information regarding this document. part 51 of title 10 of the Code of Federal action and an opportunity for hearing or You may obtain publicly-available Regulations (10 CFR), ‘‘Environmental a notice of hearing is not warranted. information related to this document Protection Regulations for Domestic Notice is hereby given of the right of using any of the following methods: Licensing and Related Regulatory interested persons to request a hearing • Federal Rulemaking Web Site: go to Functions’’ and associated staff on whether the action should be http://www.regulations.gov and search guidance. The NRC has concluded that rescinded or modified. for Docket ID NRC–2017–0137. Address the proposed action will not have a Dated at Rockville, Maryland, this 25 day questions about NRC dockets to Carol significant effect on the quality of the of May 2017. Gallagher; telephone: 301–415–3463; human environment.

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II. Summary of Environmental occurs inside the LCF buildings, and no impact (ADAMS Accession No. Assessment activities involving land disturbance are ML17153A269). The NRC also spoke The licensee has identified three planned. Therefore, the NRC staff finds with the Ohio SHPO and consulted by types of waste to be shipped: Solid that there would be no impacts to the letter dated April 13, 2017 (ADAMS radioactive, liquid radioactive, and solid following resources areas: Land use, Accession No. ML17102B319). The geology and soils, water resources, low level mixed waste (LLMW). The Ohio SHPO responded by letter dated ecology, meteorology, climate, air licensee states that approximately 315 May 8, 2017, stating that a finding of No quality, noise, visual and scenic waste shipments to NNSS will be Adverse Effect for the proposed action resources, and socioeconomic resources. necessary, and anticipates that these is appropriate (ADAMS Accession No. The NRC staff evaluated the ML17144A176). shipments will be completed in radiological impacts to workers and the calendar year 2018. public. The staff found that the III. Finding of No Significant Impact The ACO estimates that projected radiological doses to workers In accordance with the requirements approximately 180,000 cubic feet (5,097 would be below the dose limits in 10 CFR part 51, the NRC staff has cubic meters) of Class A solid specified in 10 CFR 20.1201, concluded that the proposed action will radioactive waste would need to be ‘‘Occupational dose limits to adults,’’ not significantly affect the quality of the shipped to NNSS. This waste would be and that radiological doses to the public human environment. Therefore, the staff packaged in Intermodal Freight would be indistinguishable when has determined, pursuant to 10 CFR Transport and B–25 box containers for compared to background radiation. 51.31, that preparation of an shipment. The B–25 box containers are The proposed shipments would be environmental impact statement is not nominally 4 x 4 x 6 feet steel containers made using authorized commercial required for the proposed action, and with a bolted lid. The licensee also carriers that would travel primarily on that a finding of no significant impact is plans to ship liquid radioactive waste state highways using well-established appropriate. consisting of oils removed from LCF routes to the final burial site at NNSS. process equipment during disassembly. The NRC determined that the relatively Dated at Rockville, Maryland, this 5th day of June 2017. Solid LLMW, consisting of various small total number of shipments spread electronic components from the LCF, over an extended period of time, along For the Nuclear Regulatory Commission. would be packaged into B–25 box with the limited duration of the Craig G. Erlanger, containers for disposal. This solid shipping process, would not Director, Division of Fuel Cycle Safety, LLMW would first be further processed significantly affect traffic flow. Safeguards, and Environmental Review, at the EnergySolutions facility in Oak The NRC staff also evaluated the Office of Nuclear Material Safety and Safeguards. Ridge, Tennessee, to substantially cumulative impacts by identifying past, reduce surface exposure to leaching present, and reasonably foreseeable [FR Doc. 2017–12139 Filed 6–12–17; 8:45 am] media, before being shipped to NNSS future actions at DOE’s Piketon, Ohio, BILLING CODE 7590–01–P for disposal. site, and the incremental impacts of ACO also would transfer unclassified, ACO’s proposed action. The staff low-level contaminated liquid waste to determined that the proposed action PENSION BENEFIT GUARANTY a facility on DOE’s Piketon, Ohio, site would not significantly contribute to CORPORATION for further processing. This unclassified cumulative impacts. The staff also waste would not be shipped to NNSS. determined that the proposed action Notice of the American Arbitration The Need for the Proposed Action would not affect federally-listed Association’s Response to Public endangered or threatened species or Comments Related to the Pending By letter dated March 2, 2016, the their critical habitats. Request for Approval of an Alternative licensee notified the NRC of its decision Arbitration Procedure to permanently cease LCF operations Environmental Impacts of the No-Action (ADAMS Accession No. ML16074A405). Alternative AGENCY: Pension Benefit Guaranty In preparation for future As an alternative to the proposed Corporation. decommissioning of the LCF, ACO is action, the staff considered denial of the ACTION: Notice of the American packaging its classified matter and proposed action (i.e., the ‘‘no-action’’ Arbitration Association’s response to waste for transport to the NNSS for alternative). Under the no-action public comments. permanent burial. alternative, all waste generated by LCF operations to date would remain onsite. SUMMARY: The Pension Benefit Guaranty Environmental Impacts of the Proposed Corporation invited the American Action The no-action alternative does not comply with commitments made during Arbitration Association to respond to The NRC staff evaluated the potential licensing or the decommissioning the public comments submitted in environmental impacts associated with requirements of 10 CFR 70.38. response to its request for approval of an the proposed action, and has performed Therefore, the NRC staff concludes that Alternative Arbitration Procedure under its environmental review in accordance leaving all of the LCF the waste onsite section 4221 of the Employee with the requirements in 10 CFR part 51 is not a reasonable alternative to Retirement Income Security Act of 1974 and associated staff guidance. As approving the proposed action. and PBGC’s default arbitration detailed in the EA, the staff in preparing procedures. On March 23, 2016, PBGC the EA reviewed relevant information Agencies and Persons Consulted published notice of the American submitted by the licensee, consulted On May 24, 2017 (ADAMS Accession Arbitration Association’s request in the with the Ohio State Historic No. ML17111A766), the NRC consulted Federal Register to advise interested Preservation Office (Ohio SHPO), and with Ohio Department of Health persons of the request and solicit their received input from the Ohio regarding the environmental impacts of views on it. This notice provides the Department of Health. the proposed action. The state official public with the American Arbitration Packaging and preparation of concurred with the environmental Association’s letter response and solicits classified matter and waste for shipping assessment and finding of no significant public comment on the response.

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DATES: Comments must be received on discussion of the reasons why, in the SECURITIES AND EXCHANGE or before July 28, 2017. sponsoring organization’s opinion, the COMMISSION ADDRESSES: Comments may be procedures satisfy the criteria for approval set forth in this section. Under [Release No. 34–80879; File No. SR–FICC– submitted by any of the following 2017–010] methods: § 4221.14(d), PBGC shall approve an • Federal eRulemaking Portal: http:// application if it determines that the Self-Regulatory Organizations; Fixed www.regulations.gov. Follow the Web proposed procedures will be Income Clearing Corporation; Notice of site instructions for submitting substantially fair to all parties involved Designation of Longer Period for comments. in the arbitration of a withdrawal Commission Action on a Proposed • Email: [email protected]. liability dispute and that the sponsoring Rule Change To Amend the Mortgage- • Mail or Hand Delivery: Regulatory organization is neutral and able to carry Backed Securities Division Rules Affairs Group, Office of the General out its role under the procedures. Concerning Use of Clearing Fund for Counsel, Pension Benefit Guaranty Losses, Liabilities or Temporary Needs Corporation, 1200 K Street NW., On November 20, 2015, the American Arbitration Association (AAA) for Funds Incident to the Clearance Washington, DC 20005–4026. and Settlement Business and Make requested approval of an Alternative Comments received, including personal Other Related Changes information provided, will be posted to Arbitration Procedure under section www.pbgc.gov. Copies of comments may 4221 of the Employee Retirement June 7, 2017. also be obtained by writing to Income Security Act of 1974 and 29 CFR On April 11, 2017, Fixed Income Disclosure Division, Office of the 4221.14. On March 23, 2016, PBGC Clearing Corporation (‘‘FICC’’) filed General Counsel, Pension Benefit published notice of AAA’s Request for with the Securities and Exchange Guaranty Corporation, 1200 K Street Approval of Alternative Arbitration Commission (‘‘Commission’’) proposed NW., Washington, DC 20005–4026 or Procedure to advise interested persons rule change SR–FICC–2017–010 calling 202–326–4040 during normal of the request and solicit their views on pursuant to Section 19(b)(1) of the business hours. (TTY and TDD users it (81 FR 15578). The comments that Securities Exchange Act of 1934 may call the Federal relay service toll- PBGC received in response to AAA’s (‘‘Act’’) 1 and Rule 19b–4 thereunder.2 free at 1–800–877–8339 and ask to be request are available for viewing at: The proposed rule change was connected to 202–326–4040.) http://www.pbgc.gov/prac/pg/other/ published for comment in the Federal FOR FURTHER INFORMATION CONTACT: guidance/multiemployer-notices.html or Register on April 28, 2017.3 The Bruce Perlin, Assistant Chief Counsel https://www.regulations.gov/ Commission did not receive any ([email protected]), 202–326– document?D=PBGC-2016-0001-0001. comments on the proposed rule change. 4020, ext. 6818, or Jon Chatalian, Section 19(b)(2) of the Act 4 provides Deputy Assistant Chief Counsel PBGC provided AAA with an that within 45 days of the publication of ([email protected]), ext. 6757, opportunity to respond to the comments notice of the filing of a proposed rule Office of the Chief Counsel, Suite 340, submitted in response to AAA’s request, change, or within such longer period up 1200 K Street NW., Washington, DC as it deemed appropriate. On March 30, to 90 days as the Commission may 20005–4026; (TTY/TDD users may call 2017, AAA responded to the comments; designate if it finds such longer period the Federal relay service toll-free at 1– the response can be viewed at: http:// to be appropriate and publishes its 800–877–8339 and ask to be connected www.pbgc.gov/prac/pg/other/guidance/ reasons for so finding or as to which the to 202–326–4020.) multiemployer-notices.html. self-regulatory organization consents, SUPPLEMENTARY INFORMATION: All interested persons are invited to the Commission shall either approve the proposed rule change, disapprove the Background submit written comments to AAA’s March 30, 2017 letter. proposed rule change, or institute The Pension Benefit Guaranty proceedings to determine whether the All comments will be made part of the Corporation (PBGC) administers title IV proposed rule change should be of the Employee Retirement Income administrative record. disapproved. The 45th day after Security Act of 1974 (ERISA). Section Issued in Washington, DC. publication of the notice for this 4221(a)(1) of ERISA requires ‘‘any W. Thomas Reeder, proposed rule change is June 12, 2017. The Commission is extending the 45- dispute’’ between an employer and a Director, Pension Benefit Guaranty multiemployer pension plan concerning Corporation. day time period for Commission action on the proposed rule change. The a withdrawal liability determination to [FR Doc. 2017–12149 Filed 6–12–17; 8:45 am] be ‘‘resolved through arbitration.’’ Commission finds that it is appropriate In lieu of PBGC’s default arbitration BILLING CODE 7709–02–P to designate a longer period within procedures, under 29 CFR 4221.14, a which to take action on the proposed withdrawal liability arbitration may be rule change so that it has sufficient time conducted in accordance with an to consider and take action on the alternative arbitration procedure proposed rule change. approved by the PBGC in accordance Accordingly, pursuant to Section with § 4221.14(c). Under § 4221.14(c), 19(b)(2)(A)(ii)(I) of the Act 5 and for the the sponsor of an arbitration procedure reasons stated above, the Commission may request PBGC approval of its designates July 27, 2017 as the date by procedures by submitting an application to the PBGC. The application must 1 15 U.S.C. 78s(b)(1). include: (1) A copy of the procedures for 2 17 CFR 240.19b–4. 3 Securities Exchange Act Release No. 80517 which approval is sought; (2) a (April 24, 2017), 82 FR 19771 (April 28, 2017) (SR– description of the history, structure and FICC–2017–010). membership of the organization that 4 15 U.S.C. 78s(b)(2). sponsors the procedures; and (3) a 5 15 U.S.C. 78s(b)(2)(A)(ii)(I).

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which the Commission shall either Agreement (‘‘RPA’’), which it has Breakaway to obtain the views of the approve, disapprove, or institute previously executed with Applied Commission in connection with issues proceedings to determine whether to Underwriters Captive Risk Assurance in ongoing litigation, and we therefore disapprove proposed rule change SR– Company, Inc. (‘‘AUCRA’’).2 According decline Breakaway’s request that we FICC–2017–010. to Breakaway’s submission, it entered state an interpretive position as to the 7 For the Commission, by the Division of into two RPAs with AUCRA, one of proper characterization of the RPAs. Trading and Markets, pursuant to delegated which has a stated effective date of July Finally, to help ensure that requests authority.6 1, 2009, and the other of July 1, 2012. under Rule 3a68–2 are expeditiously Eduardo A. Aleman, The Commission and the CFTC jointly routed to appropriate staff, the Assistant Secretary. adopted Exchange Act Rule 3a68–2 and Commission encourages market CEA Rule 1.8 in 2012 3 pursuant to [FR Doc. 2017–12156 Filed 6–12–17; 8:45 am] participants to provide the requests to Section 712(d)(4) of the Dodd-Frank the Office of the Secretary, with copies BILLING CODE 8011–01–P Wall Street Reform and Consumer to the Division of Trading and Markets Protection Act (‘‘Dodd-Frank Act’’).4 and the Division of Corporation SECURITIES AND EXCHANGE The rules established a process for Finance. parties to request a joint interpretation COMMISSION as to whether a particular agreement, By the Commission. [Release No. 34–80870] contract, or transaction (or class thereof) Dated: June 7, 2017. is a swap, security-based swap, or a Brent J. Fields, Commission Statement Concerning a mixed swap. Among other things, the Secretary. Request for an Interpretation as to rules set forth the information required [FR Doc. 2017–12140 Filed 6–12–17; 8:45 am] Whether a Particular Agreement Is a to be included in a request and a BILLING CODE 8011–01–P Swap, Security-Based Swap, or Mixed process for withdrawing a request. Rule Swap 3a68–2 also includes requirements SECURITIES AND EXCHANGE AGENCY: Securities and Exchange governing the manner and timing by COMMISSION Commission. which the two agencies must act after the receipt of a complete submission ACTION: Commission statement. under the rule, if they determine to [Release No. 34–80876; File Nos. SR–DTC– 2017–005; SR–FICC–2017–009; SR–NSCC– SUMMARY: The Securities and Exchange issue such joint interpretation. In 2017–006] Commission (the ‘‘Commission’’) is addition, paragraph (e)(5) of Rule 3a68– publishing this statement concerning a 2 provides that ‘‘[i]f the Commission Self-Regulatory Organizations; The request for an interpretation as to and the [CFTC] do not issue a joint Depository Trust Company; Fixed whether a particular agreement is a interpretation within the time period Income Clearing Corporation; National swap, security-based swap, or mixed described in paragraph (e)(1) or (e)(3) [of Securities Clearing Corporation; swap. the rule], each of the Commission and Notice of Designation of Longer Period the [CFTC] shall publicly provide the FOR FURTHER INFORMATION CONTACT: for Commission Action on Proposed reasons for not issuing such a joint Rule Changes To Adopt the Clearing Andrew Bernstein, Senior Special interpretation within the applicable Counsel, Office of Derivatives Policy, Agency Stress Testing Framework timeframes.’’ 5 (Market Risk) Division of Trading and Markets, at Pursuant to paragraph (e)(5) of Rule (202) 551–5870, or Andrew Schoeffler, 3a68–2, the Commission is declining to June 7, 2017. Special Counsel, Office of Capital issue a joint interpretation with the On April 7, 2017, The Depository Markets Trends, Division of Corporation CFTC in connection with Breakaway’s Trust Company (‘‘DTC’’), Fixed Income Finance, at (202) 551–3860; U.S. request.6 The Commission understands Clearing Corporation (‘‘FICC’’), and Securities and Exchange Commission, that the status of the RPAs is already National Securities Clearing Corporation 100 F Street NE., Washington, DC subject to ongoing private litigation and (‘‘NSCC,’’ each a ‘‘Clearing Agency’’) 20549. that the petitioners’ request may bear filed with the Securities and Exchange Statement directly on that litigation. We believe Commission (‘‘Commission’’), that the Rule 3a68–2 process is not an respectively proposed rule changes SR– This statement pertains to a letter that appropriate vehicle for litigants such as Commission staff received from DTC–2017–005, SR–FICC–2017–009, and SR–NSCC–2017–006 (collectively, Breakaway Courier Corporation 2 A copy of Breakaway’s submission may be (‘‘Breakaway’’), through its counsel, the ‘‘Proposed Rule Changes’’), pursuant found at: https://www.sec.gov/rules/other/2017/ to Section 19(b)(1) of the Securities requesting a joint interpretation from 2017-331-tm-exhibit.pdf. the Commission and the Commodity 3 See Further Definition of ‘‘Swap,’’ ‘‘Security- Futures Trading Commission (‘‘CFTC’’) Based Swap,’’ and ‘‘Security-Based Swap 7 As we and the CFTC explained when we jointly Agreement’’; Mixed Swaps; Security-Based Swap adopted Rule 3a68–2 in 2012 (as well as the pursuant to Rule 3a68–2 under the Agreement Recordkeeping, Exchange Act Release corresponding rule under the CEA), the purpose of Securities Exchange Act of 1934 No. 67453 (Jul. 18, 2012), 77 FR 48207 (Aug. 13, the rule is to ‘‘afford market participants with the (‘‘Exchange Act’’) as to whether a 2012) (‘‘Product Definitions Adopting Release’’). opportunity to obtain greater certainty from the 4 particular agreement, contract, or See Dodd-Frank Wall Street Reform and Commissions regarding the regulatory status of Consumer Protection Act, Public Law 111–203, 124 particular Title VII instruments under the Dodd- transaction (or class thereof) is a swap, Stat. 1376 (2010). All references to ‘‘Title VII’’ in Frank Act. This provision should decrease the security-based swap, or mixed swap.1 this statement shall refer to Title VII of the Dodd- possibility that market participants inadvertently Breakaway’s request relates to a contract Frank Act, which established a comprehensive new might fail to meet the regulatory requirements labeled as a Reinsurance Participation regulatory framework for swaps and security-based applicable to a particular Title VII instrument.’’ See swaps. Product Definitions Adopting Release, 77 FR at 5 Paragraph (e)(5) of CFTC Rule 1.8 contains 48295. We and the CFTC also noted our belief that 6 17 CFR 200.30–3(a)(31). identical language (other than reversing the ‘‘it is essential that the characterization of an 1 See 17 CFR 240.3a68–2. The letter specifically references to the two commissions). instrument be established prior to any party refers to the corresponding rule for the CFTC’s 6 Commission staff has consulted and coordinated engaging in the transactions so that the appropriate process, Rule 1.8 under the Commodity Exchange with CFTC staff and understands that the CFTC will regulatory schemes apply.’’ See Product Definitions Act (‘‘CEA’’). 17 CFR 1.8. be issuing a separate statement on this matter. Adopting Release, 77 FR at 48297.

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Exchange Act of 1934 (‘‘Act’’) 1 and Rule the Securities and Exchange Securities and Exchange Commission 19b-4 thereunder.2 The Proposed Rule Commission will hold a closed meeting (‘‘Commission’’) a proposed rule change Changes were published for comment in on Thursday, June 15, 2017 at 2 p.m. as described in Items I and II below, the Federal Register on April 25, 2017.3 Commissioners, Counsel to the which Items have been prepared by the The Commission did not receive any Commissioners, the Secretary to the Exchange. The Commission is comment letters on the Proposed Rule Commission, and recording secretaries publishing this notice to solicit Changes. will attend the closed meeting. Certain comments on the proposed rule change Section 19(b)(2) of the Act 4 provides staff members who have an interest in from interested persons. that within 45 days of the publication of the matters also may be present. notice of the filing of a proposed rule The General Counsel of the I. Self-Regulatory Organization’s change, or within such longer period up Commission, or his designee, has Statement of the Terms of Substance of to 90 days as the Commission may certified that, in his opinion, one or the Proposed Rule Change designate if it finds such longer period more of the exemptions set forth in 5 The Exchange is filing a proposal to to be appropriate and publishes its U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) make a technical amendment to reasons for so finding or as to which the and 17 CFR 200.402(a)(3), (a)(5), (a)(7), Exchange Rule 406, Long Term Option self-regulatory organization consents, (a)(9)(ii) and (a)(10), permit Contracts. the Commission shall either approve the consideration of the scheduled matter at The text of the proposed rule change proposed rule change, disapprove the the closed meeting. is available on the Exchange’s Web site proposed rule change, or institute Commissioner Piwowar, as duty at http://www.miaxoptions.com/rule- proceedings to determine whether the officer, voted to consider the items filings, at MIAX’s principal office, and proposed rule change should be listed for the closed meeting in closed at the Commission’s Public Reference disapproved. The 45th day after session. Room. publication of the notice for the The subject matter of the closed II. Self-Regulatory Organization’s Proposed Rule Changes is June 9, 2017. meeting will be: Statement of the Purpose of, and The Commission is extending the 45- Institution and settlement of day time period for Commission action Statutory Basis for, the Proposed Rule injunctive actions; Change on the Proposed Rule Changes. The Institution and settlement of Commission finds that it is appropriate administrative proceedings; and In its filing with the Commission, the to designate a longer period within Other matters relating to enforcement Exchange included statements which to take action on the Proposed proceedings. concerning the purpose of and basis for Rule Changes so that it has sufficient At times, changes in Commission the proposed rule change and discussed time to consider and take action on the priorities require alterations in the any comments it received on the Proposed Rule Changes. scheduling of meeting items. proposed rule change. The text of these Accordingly, pursuant to Section For further information and to statements may be examined at the 19(b)(2) of the Act 5 and for the reasons ascertain what, if any, matters have been places specified in Item IV below. The stated above, the Commission added, deleted or postponed, please Exchange has prepared summaries, set designates July 24, 2017 as the date by contact Brent J. Fields from the Office of forth in sections A, B, and C below, of which the Commission shall either the Secretary at (202) 551–5400. the most significant aspects of such approve, disapprove, or institute statements. proceedings to determine whether to Dated: June 8, 2017. A. Self-Regulatory Organization’s disapprove proposed rule changes SR– Brent J. Fields, Statement of the Purpose of, and the DTC–2017–005, SR–FICC–2017–009, Secretary. Statutory Basis for, the Proposed Rule and SR–NSCC–2017–006. [FR Doc. 2017–12273 Filed 6–9–17; 11:15 am] Change For the Commission, by the Division of BILLING CODE 8011–01–P Trading and Markets, pursuant to delegated 1. Purpose authority.6 SECURITIES AND EXCHANGE The Exchange is proposing to amend Eduardo A. Aleman, COMMISSION Exchange Rule 406, Long Term Option Assistant Secretary. Contracts, to make clarifying changes to [FR Doc. 2017–12157 Filed 6–12–17; 8:45 am] [Release No. 34–80869; File No. SR–MIAX– the Rule, as described below. 2017–27] BILLING CODE 8011–01–P Currently, Exchange Rule 406(a) states Self-Regulatory Organizations; Miami that the Exchange may list long-term International Securities Exchange LLC; option contracts that expire from twelve SECURITIES AND EXCHANGE (12) to thirty-nine (39) months from the COMMISSION Notice of Filing and Immediate Effectiveness of a Proposed Rule time they are listed. The Exchange proposes to amend Rule 406(a) by Sunshine Act Meeting Change To Amend MIAX Options Rule 406, Long Term Option Contracts defining expirations from twelve (12) to Notice is hereby given, pursuant to thirty-nine (39) months from the time the provisions of the Government in the June 7, 2017. the option is listed as ‘‘long-term Sunshine Act, Public Law 94–409, that Pursuant to the provisions of Section expiration months.’’ 19(b)(1) of the Securities Exchange Act Rule 406(a) states that there may be 1 15 U.S.C. 78s(b)(1). of 1934 (‘‘Act’’) 1 and Rule 19b–4 ‘‘up to six additional expiration 2 17 CFR 240.19b–4. thereunder,2 notice is hereby given that months.’’ As currently written, the Rule 3 See Securities Exchange Act Release No. 80485 on June 6, 2017, Miami International does not specify which expiration (April 19, 2017), 82 FR 19131 (April 25, 2017) (SR– months the six months are in addition DTC–2017–005; SR–FICC–2017–009; SR–NSCC– Securities Exchange, LLC (‘‘MIAX 2017–006). Options’’ or ‘‘Exchange’’) filed with the to, or whether that means that there may 4 15 U.S.C. 78s(b)(2). be a total of six long-term expiration 5 15 U.S.C. 78s(b)(2)(A)(ii)(I). 1 15 U.S.C. 78s(b)(1). months (six long-term expiration 6 17 CFR 200.30–3(a)(31). 2 17 CFR 240.19b–4. months in addition to existing non-long-

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term expiration months) or a total of as the Rules apply equally to all Commission process and review your seven expiration months (one long term Exchange Members. comments more efficiently, please use expiration month plus six additional only one method. The Commission will C. Self-Regulatory Organization’s long-term expiration months), and thus post all comments on the Commission’s Statement on Comments on the Internet Web site (http://www.sec.gov/ is ambiguous. Accordingly, for clarity, Proposed Rule Change Received From rules/sro.shtml). Copies of the the Exchange proposes to delete the Members, Participants, or Others word ‘‘additional’’ from Rule 406(a). As submission, all subsequent amended, the rule would clearly and Written comments were neither amendments, all written statements simply provide that the Exchange may solicited nor received. with respect to the proposed rule list up to six long-term expiration III. Date of Effectiveness of the change that are filed with the months (i.e., that expire from twelve up Proposed Rule Change and Timing for Commission, and all written to thirty-nine months from the time they Commission Action communications relating to the are listed). proposed rule change between the Because the foregoing proposed rule Commission and any person, other than Finally, in order to further clarify the change does not: (i) Significantly affect Rule, the Exchange is proposing to those that may be withheld from the the protection of investors or the public public in accordance with the amend Rule 406(a) to state that there interest; (ii) impose any significant may be up to six (6) long-term provisions of 5 U.S.C. 552, will be burden on competition; and (iii) become available for Web site viewing and expiration months per option class. operative for 30 days from the date on Thus, there is no limit to the number of printing in the Commission’s Public which it was filed, or such shorter time Reference Room, 100 F Street NE., option classes for which the Exchange as the Commission may designate, it has could list options with long-term Washington, DC 20549, on official become effective pursuant to Section business days between the hours of expiration months; the rule will now 19(b)(3)(A) of the Act 5 and clearly state that there may be up to six 10:00 a.m. and 3:00 p.m. Copies of the subparagraph (f)(6) of Rule 19b–4 filing also will be available for long-term expiration months per class, thereunder.6 i.e., for any class(es) in which the inspection and copying at the principal At any time within 60 days of the office of the Exchange. All comments Exchange determines to list options filing of the proposed rule change, the with long-term expiration months. received will be posted without change; Commission summarily may the Commission does not edit personal 2. Statutory Basis temporarily suspend such rule change if identifying information from it appears to the Commission that such MIAX believes that its proposed rule submissions. You should submit only action is necessary or appropriate in the information that you wish to make change is consistent with Section 6(b) of public interest, for the protection of the Act 3 in general, and furthers the available publicly. All submissions investors, or otherwise in furtherance of should refer to File No. SR–MIAX– objectives of Section 6(b)(5) of the Act 4 the purposes of the Act. in particular, in that it is designed to 2017–27, and should be submitted on or prevent fraudulent and manipulative IV. Solicitation of Comments before July 5, 2017. acts and practices, to promote just and Interested persons are invited to For the Commission, by the Division of equitable principles of trade, to foster submit written data, views, and Trading and Markets, pursuant to delegated 7 cooperation and coordination with arguments concerning the foregoing, authority. persons engaged in facilitating including whether the proposed rule Eduardo A. Aleman, transactions in securities, to remove change is consistent with the Act. Assistant Secretary. impediments to and perfect the Comments may be submitted by any of [FR Doc. 2017–12151 Filed 6–12–17; 8:45 am] mechanisms of a free and open market the following methods: BILLING CODE 8011–01–P and a national market system and, in Electronic Comments general, to protect investors and the public interest, by clarifying rule • Use the Commission’s Internet SECURITIES AND EXCHANGE language associated with permitted comment form (http://www.sec.gov/ COMMISSION listings of long term options on the rules/sro.shtml); or • [Release No. 34–80878; File Nos. SR–DTC– Exchange. Send an email to rule-comments@ 2017–003, SR–NSCC–2017–004, SR–FICC– sec.gov. Please include File No. SR– 2017–007] B. Self-Regulatory Organization’s MIAX–2017–27 on the subject line. Statement on Burden on Competition Self-Regulatory Organizations; The Paper Comments The Exchange does not believe that Depository Trust Company; National • Send paper comments in triplicate the proposed rule change will impose Securities Clearing Corporation; Fixed to Secretary, Securities and Exchange any burden on competition that is not Income Clearing Corporation; Notice of Commission, 100 F Street NE., necessary or appropriate in furtherance Designation of Longer Period for Washington, DC 20549–1090. of the purposes of the Act. The Commission Action on Proposed Rule proposed rule change will have no All submissions should refer to File No. Changes, as Modified by Amendments impact on competition as it is not SR–MIAX–2017–27. This file number No. 1, To Adopt the Clearing Agency designed to address any competitive should be included on the subject line Policy on Capital Requirements and issues but rather to add additional if email is used. To help the the Clearing Agency Capital clarity to, and remedy possible conflicts Replenishment Plan 5 in, the Exchange’s Rules. 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– June 7, 2017. The Exchange does not believe that 4(f)(6) requires a self-regulatory organization to give On April 6, 2017, The Depository the proposed rule changes will impose the Commission written notice of its intent to file Trust Company (‘‘DTC’’), National any burden on intermarket competition the proposed rule change at least five business days Securities Clearing Corporation prior to the date of filing of the proposed rule change, or such shorter time as designated by the (‘‘NSCC’’), and Fixed Income Clearing 3 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 4 15 U.S.C. 78f(b)(5). requirement. 7 17 CFR 200.30–3(a)(12).

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Corporation (‘‘FICC,’’ and together with For the Commission, by the Division of self-regulatory organization consents, DTC and NSCC, the ‘‘Clearing Trading and Markets, pursuant to delegated the Commission shall either approve the 6 Agencies’’), filed with the Securities and authority. proposed rule change, disapprove the Exchange Commission (‘‘Commission’’) Eduardo A. Aleman, proposed rule change, or institute proposed rule changes SR–DTC–2017– Assistant Secretary. proceedings to determine whether the 003, SR–NSCC–2017–004, SR–FICC– [FR Doc. 2017–12155 Filed 6–12–17; 8:45 am] proposed rule change should be 2017–007, respectively, pursuant to BILLING CODE 8011–01–P disapproved. The 45th day after Section 19(b)(1) of the Securities publication of the notice for the Exchange Act of 1934 (‘‘Act’’) 1 and Rule Proposed Rule Changes is June 9, 2017. 19b–4 thereunder.2 On April 13, 2017, SECURITIES AND EXCHANGE The Commission is extending the 45- the Clearing Agencies filed COMMISSION day time period for Commission action Amendments No. 1 to the proposed rule [Release No. 34–80877; File Nos. SR–DTC– on the Proposed Rule Changes. The changes, which made technical 2017–004; SR–NSCC–2017–005; SR–FICC– Commission finds that it is appropriate corrections to the page numbers and the 2017–008] to designate a longer period within Table of Contents in the Exhibit 5s. The which to take action on the Proposed proposed rule changes, as modified by Self-Regulatory Organizations; The Rule Changes so that it has sufficient Amendments No. 1 (hereinafter, Depository Trust Company; National time to consider and take action on the ‘‘Proposed Rule Changes’’), were Securities Clearing Corporation; Fixed Proposed Rule Changes. published for comment in the Federal Income Clearing Corporation; Notice of Accordingly, pursuant to Section Register on April 25, 2017.3 The Designation of Longer Period for 19(b)(2) of the Act 5 and for the reasons Commission Action on Proposed Rule Commission did not receive any stated above, the Commission Changes, as Modified by Amendments comments on the Proposed Rule designates July 24, 2017 as the date by No. 1, To Adopt the Clearing Agency Changes. which the Commission shall either Liquidity Risk Management Framework approve, disapprove, or institute Section 19(b)(2) of the Act 4 provides proceedings to determine whether to that within 45 days of the publication of June 7, 2017. disapprove proposed rule changes SR– notice of the filing of a proposed rule On April 6, 2017, The Depository DTC–2017–004, SR–NSCC–2017–005, change, or within such longer period up Trust Company (‘‘DTC’’), National and SR–FICC–2017–008. to 90 days as the Commission may Securities Clearing Corporation designate if it finds such longer period (‘‘NSCC’’), and Fixed Income Clearing For the Commission, by the Division of to be appropriate and publishes its Corporation (‘‘FICC,’’ and together with Trading and Markets, pursuant to delegated 6 reasons for so finding or as to which the DTC and NSCC, the ‘‘Clearing authority. self-regulatory organization consents, Agencies’’), filed with the Securities and Eduardo A. Aleman, the Commission shall either approve the Exchange Commission (‘‘Commission’’) Assistant Secretary. proposed rule change, disapprove the proposed rule changes SR–DTC–2017– [FR Doc. 2017–12154 Filed 6–12–17; 8:45 am] proposed rule change, or institute 004, SR–NSCC–2017–005, SR–FICC– BILLING CODE 8011–01–P proceedings to determine whether the 2017–008, respectively, pursuant to proposed rule change should be Section 19(b)(1) of the Securities disapproved. The 45th day after Exchange Act of 1934 (‘‘Act’’) 1 and Rule SECURITIES AND EXCHANGE publication of the notice for the 19b–4 thereunder.2 On April 13, 2017, COMMISSION Proposed Rule Changes is June 9, 2017. the Clearing Agencies filed Amendments No. 1 to the proposed rule [Release No. 34–80873; File No. SR–ISE– The Commission is extending the 45- 2017–51] day time period for Commission action changes, which made technical on the Proposed Rule Changes. The corrections to the page numbers and the Self-Regulatory Organizations; Nasdaq Commission finds that it is appropriate Table of Contents in the Exhibit 5s. The ISE, LLC; Notice of Filing and to designate a longer period within proposed rule changes, as modified by Immediate Effectiveness of Proposed which to take action on the Proposed Amendments No. 1 (hereinafter, Rule Change To Remove Chapter 21 Rule Changes so that it has sufficient ‘‘Proposed Rule Changes’’), were From the ISE Rulebook time to consider and take action on the published for comment in the Federal 3 June 7, 2017. Proposed Rule Changes. Register on April 25, 2017. The Commission did not receive any Pursuant to Section 19(b)(1) of the Accordingly, pursuant to Section comments on the Proposed Rule Securities Exchange Act of 1934 5 19(b)(2) of the Act and for the reasons Changes. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 stated above, the Commission Section 19(b)(2) of the Act 4 provides notice is hereby given that on June 5, designates July 24, 2017 as the date by that within 45 days of the publication of 2017, Nasdaq ISE, LLC (‘‘ISE’’ or which the Commission shall either notice of the filing of a proposed rule ‘‘Exchange’’) filed with the Securities approve, disapprove, or institute change, or within such longer period up and Exchange Commission (‘‘SEC’’ or proceedings to determine whether to to 90 days as the Commission may ‘‘Commission’’) the proposed rule disapprove proposed rule changes SR– designate if it finds such longer period change as described in Items I, II, and DTC–2017–003, SR–NSCC–2017–004, to be appropriate and publishes its III, below, which Items have been and SR–FICC–2017–007. reasons for so finding or as to which the prepared by the Exchange. The Commission is publishing this notice to 1 15 U.S.C. 78s(b)(1). 6 17 CFR 200.30–3(a)(31). solicit comments on the proposed rule 2 17 CFR 240.19b–4. 1 15 U.S.C. 78s(b)(1). change from interested persons. 3 Securities Exchange Act Release No. 80491 2 17 CFR 240.19b–4. (April 19, 2017), 82 FR 19127 (April 25, 2017) (SR– 3 Securities Exchange Act Release No. 80489 DTC–2017–003, SR–NSCC–2017–004, SR–FICC– (April 19, 2017), 82 FR 19120 (April 25, 2017) (SR– 5 15 U.S.C. 78s(b)(2). 2017–007). DTC–2017–004, SR–NSCC–2017–005, SR–FICC– 6 17 CFR 200.30–3(a)(31). 4 15 U.S.C. 78s(b)(2). 2017–008). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78s(b)(2)(A)(ii)(I). 4 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s securities. In addition, certain options cross-references to Chapter 21. The Statement of the Terms of Substance of rules are incorporated into Chapter 21 remainder of the Rulebook concerns the the Proposed Rule Change by reference to those rules for the operation of the options product. The Exchange proposes to remove trading of equity securities on the ISE The Exchange does not believe that Chapter 21, entitled ‘‘ISE Stock Stock Exchange. the remove of Chapter 21 and cross- Exchange, LLC Trading Rules’’ from the ISE Stock Exchange operated until references to Chapter 21 will materially ISE Rulebook. December 23, 2008, at which time, ISE impact members on ISE as such trading The text of the proposed rule change merged ISE Stock Exchange with a has not occurred since late 2008. wholly-owned subsidiary of Direct Edge is available on the Exchange’s Web site B. Self-Regulatory Organization’s Holdings LLC (‘‘Direct Edge’’).6 For a at www.ise.com, at the principal office Statement on Burden on Competition of the Exchange, and at the period of time after which ISE ceased The Exchange does not believe that Commission’s Public Reference Room. operating the equities business, ISE, pursuant to a regulatory services the proposed rule change will impose II. Self-Regulatory Organization’s agreement, conducted various any undue burden on competition not Statement of the Purpose of, and regulatory services on behalf of EDGX necessary or appropriate in furtherance Statutory Basis for, the Proposed Rule Exchange, Inc. until such time as EDGX of the purposes of the Act. The proposal Change received its registration in 2010.7 would eliminate confusion with respect In its filing with the Commission, the At this time, ISE is proposing to to ISE’s offerings. The Exchange does Exchange included statements remove all rules in Chapter 21 from the not believe that this proposal imposes concerning the purpose of and basis for ISE Rulebook, along with the references any burden on competition because the proposed rule change and discussed to Chapter 21 in other ISE rules. The there are many venues today which any comments it received on the Exchange would file a proposed rule offer trading in equities products. The proposed rule change. The text of these change to adopt new rules if it Exchange does not believe that the statements may be examined at the determines to operate an equities market removal of Chapter 21 and cross- places specified in Item IV below. The in the future. references to Chapter 21 will materially impact members on ISE as such trading Exchange has prepared summaries, set 2. Statutory Basis forth in sections A, B, and C below, of has not occurred since December 2008. the most significant aspects of such The Exchange believes that its Also, the options market will not be statements. proposal is consistent with Section 6(b) impacted by the removal of the Chapter of the Act,8 in general, and furthers the 21 rules and cross-references to Chapter A. Self-Regulatory Organization’s objectives of Section 6(b)(5) of the Act,9 21. Statement of the Purpose of, and in particular, in that it is designed to Statutory Basis for, the Proposed Rule promote just and equitable principles of C. Self-Regulatory Organization’s Change trade, to remove impediments to and Statement on Comments on the perfect the mechanism of a free and Proposed Rule Change Received From 1. Purpose open market and a national market Members, Participants, or Others The purpose of this rule change is to system, and, in general to protect No written comments were either remove Chapter 21, entitled ‘‘ISE Stock investors and the public interest for the solicited or received. Exchange, LLC Trading Rules’’ from the reasons stated below. The Exchange is III. Date of Effectiveness of the ISE Rulebook. The Exchange is not currently not operating an equities currently operating an equities market Proposed Rule Change and Timing for market and has not operated an equities Commission Action on ISE. At this time, the Exchange market since December 2008. The proposes to remove Chapter 21 rules Exchange desires to remove the rules Because the foregoing proposed rule related to an equities market and reserve relating to an equities market from its change does not: (i) Significantly affect that section. The Exchange also Rulebook at this time as well as the protection of investors or the public proposes to remove any cross-references references to Chapter 21 in other ISE interest; (ii) impose any significant to Chapter 21 within the ISE Rules.3 rules. The Exchange believes that the burden on competition; and (iii) become In 2006, ISE received approval to removal of the rules and cross- operative for 30 days from the date on adopt rules to govern its electronic references are consistent with the Act to which it was filed, or such shorter time trading system for equity securities.4 perfect the mechanism of a free and as the Commission may designate, it has The rules in Chapter 21 were adopted at open market and a national market become effective pursuant to Section 10 that time. These rules govern the system, and, in general to protect 19(b)(3)(A)(iii) of the Act and operation of the ISE Stock Exchange, investors and the public interest in subparagraph (f)(6) of Rule 19b–4 11 LLC (‘‘ISE Stock Exchange’’),5 an avoiding any confusion the operation of thereunder. electronic trading system for equity these rules. At any time within 60 days of the Today, ISE operates an options market filing of the proposed rule change, the 3 See ISE Rules 100(a)(4), (7), (29), (34), Rule 500 which will not be impacted by the Commission summarily may and Rule 702. removal of the Chapter 21 rules and temporarily suspend such rule change if 4 See Securities and Exchange Act Release No. it appears to the Commission that such 54528 (September 28, 2006), 71 FR 58650 (October action is: (i) Necessary or appropriate in 4, 2006) (Order Approving Proposed Rule Change 6 See Securities and Exchange Act Release No. and Notice of Filing and Order Granting 59135 (December 22, 2008); 73 FR 79954 (December the public interest; (ii) for the protection Accelerated Approval of Amendment No. 1 Thereto 30, 2008) (SR–ISE–2008–85). Relating to the Adoption of Rules To Govern Its 7 See Securities and Exchange Act Release No. 10 15 U.S.C. 78s(b)(3)(A)(iii). Electronic Trading System for Equities) (SR–ISE– 61698 (March 12, 2010); 75 FR 13151 (March 18, 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 2006–48). 2010) (File Nos. 10–194 and 10–196) (In the Matter 4(f)(6) requires a self-regulatory organization to give 5 On September 1, 2006, the Commission of the Applications of EDGX Exchange, Inc., and the Commission written notice of its intent to file approved a proposed rule change establishing the EDGA Exchange, Inc. for Registration as National the proposed rule change at least five business days ISE Stock Exchange as a ‘‘facility,’’ as defined in Securities Exchanges; Findings, Opinion, and Order prior to the date of filing of the proposed rule Section 3(a)(2) of the Act, of the Exchange. See of the Commission.) change, or such shorter time as designated by the Securities Exchange Act Release No. 54399, 71 FR 8 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 53728 (September 12, 2006) (SR–ISE–2006–45). 9 15 U.S.C. 78f(b)(5). requirement.

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of investors; or (iii) otherwise in For the Commission, by the Division of II. Self-Regulatory Organization’s furtherance of the purposes of the Act. Trading and Markets, pursuant to delegated Statement of the Purpose of, and 12 If the Commission takes such action, the authority. Statutory Basis for, the Proposed Rule Commission shall institute proceedings Eduardo A. Aleman, Change to determine whether the proposed rule Assistant Secretary. In its filing with the Commission, the should be approved or disapproved. [FR Doc. 2017–12152 Filed 6–12–17; 8:45 am] Exchange included statements BILLING CODE 8011–01–P IV. Solicitation of Comments concerning the purpose of and basis for the proposed rule change and discussed Interested persons are invited to any comments it received on the SECURITIES AND EXCHANGE submit written data, views, and proposed rule change. The text of these COMMISSION arguments concerning the foregoing, statements may be examined at the including whether the proposed rule [Release No. 34–80875; File No. SR– places specified in Item IV below. The change is consistent with the Act. PEARL–2017–26] Exchange has prepared summaries, set Comments may be submitted by any of forth in sections A, B, and C below, of the following methods: Self-Regulatory Organizations; MIAX the most significant aspects of such PEARL, LLC; Notice of Filing and statements. Electronic Comments Immediate Effectiveness of a Proposed • Use the Commission’s Internet Rule Change To Amend the MIAX A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ PEARL Fee Schedule To Establish an Statement of the Purpose of, and the rules/sro.shtml); or Options Regulatory Fee (‘‘ORF’’) Statutory Basis for, the Proposed Rule • Send an email to rule-comments@ Change June 7, 2017. sec.gov. Please include File Number SR– 1. Purpose ISE–2017–51 on the subject line. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Currently, the Exchange charges an Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 ORF in the amount of $0.0010 per • Send paper comments in triplicate notice is hereby given that on May 26, contract side. The proposed rule change to Secretary, Securities and Exchange 2017, MIAX PEARL, LLC (‘‘MIAX does not change the amount of the ORF, Commission, 100 F Street NE., PEARL’’ or ‘‘Exchange’’) filed with the but instead modifies the rule text to Washington, DC 20549–1090. Securities and Exchange Commission clarify how the ORF is assessed and (‘‘Commission’’) a proposed rule change collected. The per-contract ORF will All submissions should refer to File as described in Items I, II, and III below, continue to be assessed by MIAX Number SR–ISE–2017–51. This file which Items have been prepared by the PEARL to each MIAX PEARL Member number should be included on the Exchange. The Commission is for all options transactions, including subject line if email is used. To help the publishing this notice to solicit Mini Options, cleared or ultimately Commission process and review your comments on the proposed rule change cleared by the Member which are comments more efficiently, please use from interested persons. cleared by the Options Clearing only one method. The Commission will Corporation (‘‘OCC’’) in the ‘‘customer’’ I. Self-Regulatory Organization’s post all comments on the Commission’s range, regardless of the exchange on Statement of the Terms of Substance of Internet Web site (http://www.sec.gov/ which the transaction occurs. The ORF the Proposed Rule Change rules/sro.shtml). Copies of the will be collected by OCC on behalf of submission, all subsequent The Exchange is filing a proposal to MIAX PEARL from either (1) a Member amendments, all written statements amend the MIAX PEARL Fee Schedule that was the ultimate clearing firm for with respect to the proposed rule (the ‘‘Fee Schedule’’) by establishing an the transaction or (2) a non-Member that change that are filed with the Options Regulatory Fee (‘‘ORF’’). was the ultimate clearing firm where a Commission, and all written The Exchange initially filed the Member was the executing clearing firm communications relating to the proposal on February 3, 2017 (SR– for the transaction. The Exchange uses 3 proposed rule change between the PEARL–2017–09). That initial filing reports from OCC to determine the Commission and any person, other than was withdrawn and replaced with a identity of the executing clearing firm those that may be withheld from the second filing on March 30, 2017 (SR– and ultimate clearing firm. public in accordance with the PEARL–2017–15).4 That second filing To illustrate how the ORF is assessed provisions of 5 U.S.C. 552, will be was withdrawn and replaced with a and collected, the Exchange provides available for Web site viewing and third filing on May 26, 2017 (SR– the following set of examples. If the printing in the Commission’s Public PEARL–2017–26). transaction is executed on the Exchange Reference Room, 100 F Street NE., The text of the proposed rule change and the ORF is assessed, if there is no Washington, DC 20549, on official is available on the Exchange’s Web site change to the clearing account of the business days between the hours of at http://www.miaxoptions.com/rule- original transaction, then the ORF is 10:00 a.m. and 3:00 p.m. Copies of the filings/pearl, at MIAX’s principal office, collected from the Member that is the filing also will be available for and at the Commission’s Public executing clearing firm for the inspection and copying at the principal Reference Room. transaction. (The Exchange notes that, office of the Exchange. All comments for purposes of the Fee Schedule, when 12 received will be posted without change; 17 CFR 200.30–3(a)(12). there is no change to the clearing the Commission does not edit personal 1 15 U.S.C. 78s(b)(1). 2 account of the original transaction, the identifying information from 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 80035 executing clearing firm is deemed to be submissions. You should submit only (February 14, 2017), 82 FR 11272 (February 21, the ultimate clearing firm.) If there is a information that you wish to make 2017)(SR–PEARL–2017–09). change to the clearing account of the available publicly. All submissions 4 See Securities Exchange Act Release No. 80423 original transaction (i.e., the executing should refer to File Number SR–ISE– (April 10, 2017), 82 FR 18045 (April 14, 2017)(SR– PEARL–2017–15). The replacement filings did not clearing firm ‘‘gives-up’’ or ‘‘CMTAs’’ 2017–51 and should be submitted on or increase or decrease the amount of the ORF, but the transaction to another clearing firm), before July 5, 2017. rather clarified the application of the ORF. then the ORF is collected from the

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clearing firm that ultimately clears the Exchange and for the marketplace as a statutory obligation to enforce transaction—the ultimate clearing firm. whole to collect the ORF from clearing compliance by Members and their The ultimate clearing firm may be either members. associated persons under the Act and a Member or non-Member of the As discussed below, the Exchange the rules of the Exchange and to surveil Exchange. If the transaction is executed believes it is appropriate to charge the for other manipulative conduct by on an away exchange and the ORF is ORF only to transactions that clear as market participants (including non- assessed, then the ORF is collected from customer at the OCC. The Exchange Members) trading on the Exchange. The the ultimate clearing firm for the believes that its broad regulatory Exchange cannot effectively surveil for transaction. Again, the ultimate clearing responsibilities with respect to a such conduct without looking at and firm may be either a Member or non- Member’s’ activities supports applying evaluating activity across all options Member of the Exchange. The Exchange the ORF to transactions cleared but not markets. Many of the Exchange’s market notes, however, that when the executed by a Member. The Exchange’s surveillance programs require the transaction is executed on an away regulatory responsibilities are the same Exchange to look at and evaluate exchange, the Exchange does not assess regardless of whether a Member enters activity across all options markets, such the ORF when neither the executing a transaction or clears a transaction as surveillance for position limit clearing firm nor the ultimate clearing executed on its behalf. The Exchange violations, manipulation, front-running firm is a Member (even if a Member is regularly reviews all such activities, and contrary exercise advice violations/ ‘‘given-up’’ or ‘‘CMTAed’’ and then including performing surveillance for expiring exercise declarations. While such Member subsequently ‘‘gives-up’’ position limit violations, manipulation, much of this activity relates to the or ‘‘CMTAs’’ the transaction to another front-running, contrary exercise advice execution of orders, the ORF is assessed non-Member via a CMTA reversal). violations and insider trading. These on and collected from clearing firms. Finally, the Exchange will not assess the activities span across multiple The Exchange, because it lacks access to ORF on outbound linkage trades, exchanges. information on the identity of the whether executed at the Exchange or an The ORF is designed to recover a entering firm for executions that occur away exchange. ‘‘Linkage trades’’ are material portion of the costs to the on away markets, believes it is tagged in the Exchange’s system, so the Exchange of the supervision and appropriate to assess the ORF on its Exchange can readily tell them apart regulation of Members’ customer Members’ clearing activity, based on from other trades. A customer order options business, including performing information the Exchange receives from routed to another exchange results in routine surveillances and investigations, OCC, including for away market two customer trades, one from the as well as policy, rulemaking, activity. Among other reasons, doing so originating exchange and one from the interpretive and enforcement activities. better and more accurately captures recipient exchange. Charging ORF on The Exchange believes that revenue activity that occurs away from the both trades could result in double- generated from the ORF, when Exchange over which the Exchange has billing of ORF for a single customer combined with all of the Exchange’s a degree of regulatory responsibility. In order, thus the Exchange will not assess other regulatory fees and fines, will so doing, the Exchange believes that ORF on outbound linkage trades in a cover a material portion, but not all, of assessing ORF on Member clearing firms linkage scenario. This assessment the Exchange’s regulatory costs. The equitably distributes the collection of practice is identical to the assessment Exchange notes that its regulatory ORF in a fair and reasonable manner. practice currently utilized by the responsibilities with respect to Member Also, the Exchange and the other Exchange’s affiliate, Miami International compliance with options sales practice options exchanges are required to Securities Exchange, LLC (‘‘MIAX rules have been allocated to the populate a consolidated options audit Options’’). Financial Industry Regulatory Authority trail (‘‘COATS’’) 5 system in order to As a practical matter, when a (‘‘FINRA’’) under a 17d–2 Agreement. surveil a Member’s activities across transaction that is subject to the ORF is The ORF is not designed to cover the markets. not executed on the Exchange, the cost of options sales practice regulation. In addition to its own surveillance Exchange lacks the information The Exchange will continue to programs, the Exchange works with necessary to identify the order entering monitor the amount of revenue other SROs and exchanges on member for that transaction. There are collected from the ORF to ensure that it, intermarket surveillance related issues. countless order entering market in combination with its other regulatory Through its participation in the participants, and each day such fees and fines, does not exceed the Intermarket Surveillance Group participants can and often do drop their Exchange’s total regulatory costs. The (‘‘ISG’’),6 the Exchange shares connection to one market center and Exchange expects to monitor MIAX information and coordinates inquiries establish themselves as participants on PEARL regulatory costs and revenues at and investigations with other exchanges another. For these reasons, it is not a minimum on a semi-annual basis. If designed to address potential possible for the Exchange to identify, the Exchange determines regulatory intermarket manipulation and trading and thus assess fees such as an ORF, on revenues exceed or are insufficient to abuses. The Exchange’s participation in order entering participants on away cover a material portion of its regulatory ISG helps it to satisfy the requirement markets on a given trading day. costs, the Exchange will adjust the ORF that it has coordinated surveillance with Clearing members, however, are by submitting a fee change filing to the distinguished from order entering Commission. Going forward, the 5 COATS effectively enhances intermarket participants because they remain Exchange will notify Members of options surveillance by enabling the options identified to the Exchange on adjustments to the ORF via regulatory exchanges to reconstruct the market promptly to effectively surveil certain rules. information the Exchange receives from circular at least 30 days prior to the 6 ISG is an industry organization formed in 1983 OCC regardless of the identity of the effective date of the change. to coordinate intermarket surveillance among the order entering participant, their The Exchange believes it is reasonable SROs by co-operatively sharing regulatory location, and the market center on and appropriate for the Exchange to information pursuant to a written agreement between the parties. The goal of the ISG’s which they execute transactions. charge the ORF for options transactions information sharing is to coordinate regulatory Therefore, the Exchange believes it is regardless of the exchange on which the efforts to address potential intermarket trading more efficient for the operation of the transactions occur. The Exchange has a abuses and manipulations.

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markets on which security futures are systems are configured to properly costs. The Exchange has designed the traded and markets on which any account for the ORF. ORF to generate revenues that, when security underlying security futures are combined with all of the Exchange’s 2. Statutory Basis traded to detect manipulation and other regulatory fees, will be less than insider trading.7 The Exchange believes that its or equal to the Exchange’s regulatory proposal to amend its fee schedule is costs, which is consistent with the The Exchange believes that charging 10 the ORF across markets will avoid consistent with Section 6(b) of the Act Commission’s view that regulatory fees in general, and furthers the objectives of be used for regulatory purposes and not having Members direct their trades to 11 other markets in order to avoid the fee Section 6(b)(4) of the Act in to support the Exchange’s business side. and to thereby avoid paying for their fair particular, in that it is an equitable In this regard, the Exchange believes share for regulation. If the ORF did not allocation of reasonable dues, fees, and that the initial level of the fee is apply to activity across markets then a other charges among its members and reasonable. issuers and other persons using its Member would send their orders to the facilities. The Exchange also believes The Exchange believes that the least cost, least regulated exchange. the proposal furthers the objectives of proposal to limit changes to the ORF to Other exchanges do impose a similar fee Section 6(b)(5) of the Act 12 in that it is twice a year on specific dates with on their member’s activity, including designed to promote just and equitable advance notice is reasonable because it the activity of those members on MIAX principles of trade, to remove will give participants certainty on the PEARL.8 impediments to and perfect the timing of changes, if any, and better The Exchange notes that there is mechanism of a free and open market enable them to properly account for established precedent for an SRO and a national market system, and, in ORF charges among their customers. charging a fee across markets, namely, general to protect investors and the The Exchange believes that the FINRAs Trading Activity Fee 9 and the public interest and is not designed to proposed change is equitable and not NYSE Amex, NYSE Arca, CBOE, PHLX, permit unfair discrimination between unfairly discriminatory because it will ISE, ISE Gemini and BOX ORF. While customers, issuers, brokers and dealers. apply in the same manner to all the Exchange does not have all the same The Exchange believes the ORF is Members that are subject to the ORF and regulatory responsibilities as FINRA, the equitable and not unfairly provide them with additional advance Exchange believes that, like other discriminatory because it is objectively notice of changes to that fee. exchanges that have adopted an ORF, its allocated to Members in that it is The Exchange believes that the broad regulatory responsibilities with charged to all Members on all their proposal to collect the ORF from non- respect to a Member’s activities, transactions that clear as customer at the irrespective of where their transactions Members when such non-Members OCC. Moreover, the Exchange believes ultimately clear the transaction (that is, take place, supports a regulatory fee the ORF ensures fairness by assessing applicable to transactions on other when the non-Member is the ‘‘ultimate fees to those Members that are directly clearing firm’’ for a transaction in which markets. Unlike FINRA’s Trading based on the amount of customer Activity Fee, the ORF would apply only a Member was assessed the ORF) is an options business they conduct. equitable allocation of reasonable dues, to a Member’s customer options Regulating customer trading activity is transactions. fees, and other charges among its much more labor intensive and requires members and issuers and other persons Additionally, the Exchange proposes greater expenditure of human and using its facilities. The Exchange notes to specify in the Fee Schedule that the technical resources than regulating non- that there is a material distinction Exchange may only increase or decrease customer trading activity, which tends between ‘‘assessing’’ the ORF and the ORF semi-annually, and any such to be more automated and less labor- ‘‘collecting’’ the ORF. The ORF is only fee change will be effective on the first intensive. As a result, the costs assessed to a Member with respect to a business day of February or August. In associated with administering the particular transaction in which it is addition to submitting a proposed rule customer component of the Exchange’s either the executing clearing firm or change to the Commission as required overall regulatory program are ultimate clearing firm. The Exchange by the Act to increase or decrease the materially higher than the costs does not assess the ORF to non- ORF, the Exchange will notify associated with administering the non- Members. Once, however, the ORF is participants via a Regulatory Circular of customer component (e.g., Member assessed to a Member for a particular any anticipated change in the amount of proprietary transactions) of its the fee at least 30 calendar days prior to regulatory program. transaction, the ORF may be collected the effective date of the change. The The ORF is designed to recover a from the Member or a non-Member, Exchange believes that by providing material portion of the costs of depending on how the transaction is guidance on the timing of any changes supervising and regulating Members’ cleared at OCC. If there was no change to the ORF, the Exchange would make customer options business including to the clearing account of the original it easier for participants to ensure their performing routine surveillances, transaction, the ORF would be collected investigations, examinations, financial from the Member. If there was a change to the clearing account of the original 7 See Section 6(h)(3)(I) of the Act. monitoring, and policy, rulemaking, 8 Similar regulatory fees have been instituted by interpretive, and enforcement activities. transaction and a non-Member becomes PHLX (See Securities Exchange Act Release No. The Exchange will monitor, on at least the ultimate clearing firm for that 61133 (December 9, 2009), 74 FR 66715 (December a semi-annual basis the amount of transaction, then the ORF will be 16, 2009) (SR–Phlx–2009–100)); ISE (See Securities collected from that non-Member. The Exchange Act Release No. 61154 (December 11, revenue collected from the ORF to 2009), 74 FR 67278 (December 18, 2009) (SR–ISE– ensure that it, in combination with its Exchange believes that this collection 2009–105)); and ISE Gemini (See Securities other regulatory fees and fines, does not practice is reasonable and appropriate, Exchange Act Release No. 70200 (August 14, 2013) exceed the Exchange’s total regulatory and was originally instituted for the 78 FR 51242 (August 20, 2013) (SR–Topaz–2013– benefit of clearing firms that desired to 01)). 10 have the ORF be collected from the 9 See Securities Exchange Act Release No. 47946 15 U.S.C. 78f(b). (May 30, 2003), 68 FR 34021 (June 6, 2003) (SR– 11 15 U.S.C. 78f(b)(4). clearing firm that ultimately clears the NASD–2002–148). 12 15 U.S.C. 78f(b)(5). transaction.

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B. Self-Regulatory Organization’s whether the proposed rule should be For the Commission, by the Division of Statement on Burden on Competition approved or disapproved. Trading and Markets, pursuant to delegated authority.15 The Exchange does not believe that IV. Solicitation of Comments Eduardo A. Aleman, the proposed rule change will impose Assistant Secretary. any burden on competition not Interested persons are invited to submit written data, views, and [FR Doc. 2017–12153 Filed 6–12–17; 8:45 am] necessary or appropriate in furtherance BILLING CODE 8011–01–P of the purposes of the Act. The ORF is arguments concerning the foregoing, not intended to have any impact on including whether the proposed rule change is consistent with the Act. competition. Rather, it is designed to SMALL BUSINESS ADMINISTRATION enable the Exchange to recover a Comments may be submitted by any of material portion of the Exchange’s cost the following methods: [Disaster Declaration #15155 and #15156; OKLAHOMA Disaster #OK–00114] related to its regulatory activities. The Electronic Comments Exchange is obligated to ensure that the amount of regulatory revenue collected • Administrative Declaration of a Use the Commission’s Internet Disaster for the State of Oklahoma from the ORF, in combination with its comment form (http://www.sec.gov/ other regulatory fees and fines, does not rules/sro.shtml); or AGENCY: U.S. Small Business exceed regulatory costs. Unilateral • Send an email to rule-comments@ Administration. action by MIAX PEARL in establishing ACTION: Notice. fees for services provided to its sec.gov. Please include File No. SR- PEARL–2017–26 on the subject line. Members and others using its facilities SUMMARY: This is a notice of an will not have an impact on competition. Paper Comments Administrative declaration of a disaster As a new entrant in the already highly for the State of Oklahoma dated 06/06/ competitive environment for equity • Send paper comments in triplicate 2017. options trading, MIAX PEARL does not to Secretary, Securities and Exchange Incident: Tornadoes, Straight-line have the market power necessary to set Commission, 100 F Street NE., Winds, Flooding and Severe Storms. prices for services that are unreasonable Washington, DC 20549–1090. Incident Period: 05/16/2017 through or unfairly discriminatory in violation 05/19/2017. of the Act. MIAX PEARL’s proposed All submissions should refer to File No. SR–PEARL–2017–26. This file number DATES: Effective 06/06/2017. ORF, as described herein, are Physical Loan Application Deadline comparable to fees charged by other should be included on the subject line if email is used. To help the Date: 08/07/2017. options exchanges for the same or Economic Injury (EIDL) Loan Commission process and review your similar services. The proposal to limit Application Deadline Date: 03/06/2018. the changes to the ORF to twice a year comments more efficiently, please use ADDRESSES: Submit completed loan on specific dates with advance notice is only one method. The Commission will applications to: U.S. Small Business not intended to address a competitive post all comments on the Commission’s Administration, Processing and issue but rather to provide Members Internet Web site (http://www.sec.gov/ Disbursement Center, 14925 Kingsport with better notice of any change that the rules/sro.shtml). Copies of the Road, Fort Worth, TX 76155. Exchange may make to the ORF. submission, all subsequent amendments, all written statements FOR FURTHER INFORMATION CONTACT: A. C. Self-Regulatory Organization’s Escobar, Office of Disaster Assistance, Statement on Comments on the with respect to the proposed rule change that are filed with the U.S. Small Business Administration, Proposed Rule Change Received From 409 3rd Street SW., Suite 6050, Commission, and all written Members, Participants, or Others Washington, DC 20416, (202) 205–6734. communications relating to the Written comments were neither proposed rule change between the SUPPLEMENTARY INFORMATION: Notice is solicited nor received. Commission and any person, other than hereby given that as a result of the those that may be withheld from the Administrator’s disaster declaration, III. Date of Effectiveness of the applications for disaster loans may be public in accordance with the Proposed Rule Change and Timing for filed at the address listed above or other provisions of 5 U.S.C. 552, will be Commission Action locally announced locations. available for Web site viewing and The following areas have been The foregoing rule change has become printing in the Commission’s Public determined to be adversely affected by effective pursuant to Section Reference Room, 100 F Street NE., the disaster: 19(b)(3)(A)(ii) of the Act,13 and Rule Washington, DC 20549, on official Primary Counties: Beckham 19b–4(f)(2) 14 thereunder. At any time business days between the hours of within 60 days of the filing of the Contiguous Counties: 10:00 a.m. and 3:00 p.m. Copies of the Oklahoma: Custer, Greer, Harmon, proposed rule change, the Commission filing also will be available for summarily may temporarily suspend Kiowa, Roger Mills, Washita inspection and copying at the principal Texas: Collingsworth, Wheeler such rule change if it appears to the office of the Exchange. All comments The Interest Rates are: Commission that such action is received will be posted without change; necessary or appropriate in the public the Commission does not edit personal Percent interest, for the protection of investors, identifying information from or otherwise in furtherance of the submissions. You should For Physical Damage: purposes of the Act. If the Commission submit only information that you Homeowners with Credit Avail- takes such action, the Commission shall able Elsewhere ...... 3.875 institute proceedings to determine wish to make available publicly. All Homeowners without Credit submissions should refer to File No. Available Elsewhere ...... 1.938 13 15 U.S.C. 78s(b)(3)(A)(ii). SR–PEARL–2017–26, and should be 14 17 CFR 240.19b–4(f)(2). submitted on or before July 5, 2017. 15 17 CFR 200.30–3(a)(12).

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Percent Administrator’s disaster declaration, Dated: May 31, 2017. applications for disaster loans may be A. Joseph Shepard, Businesses with Credit Avail- filed at the address listed above or other Associate Administrator for Investment and able Elsewhere ...... 6.430 locally announced locations. Innovation. Businesses without Credit The following areas have been [FR Doc. 2017–12180 Filed 6–12–17; 8:45 am] Available Elsewhere ...... 3.215 determined to be adversely affected by BILLING CODE P Non-Profit Organizations with the disaster: Credit Available Elsewhere ... 2.500 Non-Profit Organizations with- Primary Counties: Allegheny Contiguous Counties: out Credit Available Else- DEPARTMENT OF STATE where ...... 2.500 Pennsylvania: Armstrong, Beaver, For Economic Injury: Butler, Washington, Westmoreland [Delegation of Authority: 426] Businesses & Small Agricultural The Interest Rates are: Cooperatives without Credit Delegation of Authority To Concur Available Elsewhere ...... 3.215 Percent With Exchanges of Defense Personnel Non-Profit Organizations with- out Credit Available Else- For Physical Damage: By virtue of the authority vested in where ...... 2.500 Homeowners With Credit Avail- the Secretary of State by the laws of the able Elsewhere ...... 3.875 United States, including section 1 of the The number assigned to this disaster Homeowners Without Credit State Department Basic Authorities Act for physical damage is 15155C and for Available Elsewhere ...... 1.938 Businesses With Credit Avail- (22 U.S.C. 2651a) and 10 U.S.C. 311, I economic injury is 151560. hereby delegate to the Assistant The States which received an EIDL able Elsewhere ...... 6.430 Businesses Without Credit Secretary for Political-Military Affairs, Declaration # are Oklahoma, Texas. Available Elsewhere ...... 3.215 to the extent authorized by law, the (Catalog of Federal Domestic Assistance Non-Profit Organizations With authority to concur with the Secretary of Number 59008) Credit Available Elsewhere ... 2.500 Defense on exchanges of defense Non-Profit Organizations With- Dated: June 6, 2017. personnel between the United States out Credit Available Else- and friendly foreign countries pursuant Linda E. McMahon, where ...... 2.500 Administrator. For Economic Injury: to 10 U.S.C. 311. Notwithstanding this delegation of [FR Doc. 2017–12183 Filed 6–12–17; 8:45 am] Businesses & Small Agricultural Cooperatives Without Credit authority, any function or authority BILLING CODE 8025–01–P Available Elsewhere ...... 3.215 delegated herein may be exercised by Non-Profit Organizations With- the Secretary, a Deputy Secretary, the out Credit Available Else- SMALL BUSINESS ADMINISTRATION Under Secretary for Arms Control and where ...... 2.500 International Security, or by other [Disaster Declaration #15157 and #15158; senior Department officials pursuant to Pennsylvania Disaster #PA–00080] The number assigned to this disaster a delegation of authority. Any reference for physical damage is 15157 5 and for in this delegation of authority to any Administrative Declaration of a economic injury is 15158 0. statute or delegation of authority shall Disaster for the Commonwealth of The Commonwealth which received be deemed to be a reference to such Pennsylvania an EIDL Declaration # is Pennsylvania. statute or delegation of authority as AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance amended from time to time. Administration. Number 59008) This delegation of authority shall be ACTION: Notice. Dated: June 7, 2017. published in the Federal Register. Linda E. McMahon, Dated: May 4, 2017. SUMMARY: This is a notice of an Administrator. Rex W. Tillerson, Administrative declaration of a disaster [FR Doc. 2017–12181 Filed 6–12–17; 8:45 am] Secretary of State. for the Commonwealth of Pennsylvania BILLING CODE 8025–01–P dated 06/07/2017. [FR Doc. 2017–12196 Filed 6–12–17; 8:45 am] Incident: Seventeen Story Apartment BILLING CODE 4710–25–P Building Fire. SMALL BUSINESS ADMINISTRATION Incident Period: 05/15/2017. DEPARTMENT OF STATE DATES: Effective 06/07/2017. Surrender of License of Small Physical Loan Application Deadline Business Investment Company [Delegation of Authority: 427] Date: 08/07/2017. Pursuant to the authority granted to Economic Injury (EIDL) Loan Delegation of Authority To Concur the United States Small Business Application Deadline Date: 03/07/2018. With Payment of Personnel Expenses Administration under the Small ADDRESSES: Submit completed loan Necessary for Theater Security Business Investment Act of 1958, as Cooperation applications to: U.S. Small Business amended, under Section 309 of the Act Administration, Processing and and Section 107.1900 of the Small By virtue of the authority vested in Disbursement Center, 14925 Kingsport Business Administration Rules and the Secretary of State by the laws of the Road, Fort Worth, TX 76155. Regulations (13 CFR 107.1900) to United States, including section 1 of the FOR FURTHER INFORMATION CONTACT: A. function as a small business investment State Department Basic Authorities Act Escobar, Office of Disaster Assistance, company under the Small Business (22 U.S.C. 2651a) and 10 U.S.C. 312, I U.S. Small Business Administration, Investment Company License No. 03/ hereby delegate to the Assistant 409 3rd Street SW., Suite 6050, 03–0236 issued to Legg Mason SBIC Secretary for Political-Military Affairs, Washington, DC 20416, (202) 205–6734. Mezzanine Fund, L.P., said license is to the extent authorized by law, the SUPPLEMENTARY INFORMATION: Notice is hereby declared null and void. United authority to concur with the Secretary of hereby given that as a result of the States Small Business Administration Defense on payments of personnel

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expenses necessary for theater security DEPARTMENT OF STATE delegated herein may be exercised by cooperation pursuant to 10 U.S.C. 312. the Secretary, a Deputy Secretary, the [Delegation of Authority: 435] Notwithstanding this delegation of Under Secretary for Arms Control and authority, any function or authority Delegation of Authority To Concur International Security, or by other delegated herein may be exercised by With Secretary of Defense on Inter- senior Department officials pursuant to the Secretary, a Deputy Secretary, the European Air Forces Academy a delegation of authority. Any reference Under Secretary for Arms Control and Programs in this delegation of authority to any International Security, or by other statute or delegation of authority shall By virtue of the authority vested in be deemed to be a reference to such senior Department officials pursuant to the Secretary of State by the laws of the a delegation of authority. Any reference statute or delegation of authority as United States, including section 1 of the amended from time to time. in this delegation of authority to any State Department Basic Authorities Act statute or delegation of authority shall (22 U.S.C. 2651a) and 10 U.S.C. 350, I This delegation of authority be deemed to be a reference to such hereby delegate to the Assistant supersedes Delegation of Authority 409, statute or delegation of authority as Secretary for Political-Military Affairs, dated April 13, 2015, and shall be amended from time to time. to the extent authorized by law, the published in the Federal Register. This delegation of authority shall be authority to concur with the Secretary of Dated: May 4, 2017. published in the Federal Register. Defense on providing education and Rex W. Tillerson, training under 10 U.S.C. 350. Dated: May 4, 2017. Notwithstanding this delegation of Secretary of State. Rex W. Tillerson, authority, any function or authority [FR Doc. 2017–12201 Filed 6–12–17; 8:45 am] Secretary of State. delegated herein may be exercised by BILLING CODE 4710–25–P [FR Doc. 2017–12197 Filed 6–12–17; 8:45 am] the Secretary, a Deputy Secretary, the BILLING CODE 4710–25–P Under Secretary for Arms Control and International Security, or by other DEPARTMENT OF STATE senior Department officials pursuant to DEPARTMENT OF STATE a delegation of authority. Any reference [Delegation of Authority: 433] in this delegation of authority to any Delegation of Authority To Concur [Delegation of Authority: 436] statute or delegation of authority shall be deemed to be a reference to such With Secretary of Defense on Delegation of Authority To Concur statute or delegation of authority as Electronic Training Materials With Secretary of Defense on amended from time to time. Providing Assistance for the Recovery This delegation of authority By virtue of the authority vested in and Accounting for Missing United supersedes Delegation of Authority 404 the Secretary of State by the laws of the States Government Personnel dated November 1, 2015, and shall be United States, including section 1 of the published in the Federal Register. State Department Basic Authorities Act By virtue of the authority vested in Dated: May 4, 2017. (22 U.S.C. 2651a) and 10 U.S.C. 346, I the Secretary of State by the laws of the Rex W. Tillerson, hereby delegate to the Assistant Secretary for Political-Military Affairs, United States, including 22 U.S.C. Secretary of State. to the extent authorized by law, the 2651a and 10 U.S.C. 408(c), I hereby [FR Doc. 2017–12203 Filed 6–12–17; 8:45 am] authority to concur with the Secretary of delegate to the Assistant Secretary for BILLING CODE 4710–25–P Political-Military Affairs, to the extent Defense on authorizing the distribution authorized by law, the authority to of education and training materials and concur with the Secretary of Defense on DEPARTMENT OF STATE information technology to certain providing assistance under 10 U.S.C. foreign personnel, pursuant to 10 U.S.C. 408. [Delegation of Authority: 431] 346. Notwithstanding this delegation of Delegation of Authority To Concur Notwithstanding this delegation of authority, any function or authority With Secretary of Defense on State authority, any function or authority delegated herein may be exercised by NGO/IO Participation in Regional delegated herein may be exercised by the Secretary, a Deputy Secretary, the Centers Activities the Secretary, a Deputy Secretary, the Under Secretary for Arms Control and Under Secretary for Arms Control and By virtue of the authority vested in International Security, or by other International Security, or by other the Secretary of State by the laws of the senior Department officials pursuant to senior Department officials pursuant to United States, including section 1 of the a delegation of authority. Any reference a delegation of authority. Any reference State Department Basic Authorities Act in this delegation of authority to any in this delegation of authority to any (22 U.S.C. 2651a) and 10 U.S.C. 342, I statute or delegation of authority shall statute or delegation of authority shall hereby delegate to the Assistant be deemed to be a reference to such be deemed to be a reference to such Secretary for Political-Military Affairs, statute or delegation of authority as to the extent authorized by law, the statute or delegation of authority as amended from time to time. authority to concur with the Secretary of amended from time to time. This delegation of authority shall be Defense on the waiver of participation This delegation of authority shall be published in the Federal Register. costs for non-governmental published in the Federal Register. Dated: May 4, 2017. organizations and international Dated: May 4, 2017. organizations in Department of Defense Rex W. Tillerson, Rex W. Tillerson, Regional Centers of Security Studies Secretary of State. pursuant to 10 U.S.C. 342. Secretary of State. [FR Doc. 2017–12205 Filed 6–12–17; 8:45 am] Notwithstanding this delegation of [FR Doc. 2017–12199 Filed 6–12–17; 8:45 am] BILLING CODE 4710–25–P authority, any function or authority BILLING CODE 4710–25–P

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DEPARTMENT OF STATE a delegation of authority. Any reference (22 U.S.C. 2651a) and 10 U.S.C. 344, I in this delegation of authority to any hereby delegate to the Assistant [Delegation of Authority: 428] statute or delegation of authority shall Secretary for Political-Military Affairs, Delegation of Authority To Concur be deemed to be a reference to such to the extent authorized by law, the With the Provision of Support for the statute or delegation of authority as authority to concur with the Secretary of Conduct of Operations amended from time to time. Defense on the authorization of the This delegation of authority shall be participation of DoD civilian or military By virtue of the authority vested in published in the Federal Register. personnel in Multinational Centers of the Secretary of State by the laws of the Dated: May 4, 2017. Excellence pursuant to 10 U.S.C. 344. United States, including section 1 of the Rex W. Tillerson, Notwithstanding this delegation of State Department Basic Authorities Act authority, any function or authority (22 U.S.C. 2651a) and 10 U.S.C. 331, I Secretary of State. [FR Doc. 2017–12198 Filed 6–12–17; 8:45 am] delegated herein may be exercised by hereby delegate to the Assistant the Secretary, a Deputy Secretary, the BILLING CODE 4710–25–P Secretary for Political-Military Affairs, Under Secretary for Arms Control and to the extent authorized by law, the International Security, or by other authority to concur with Secretary of DEPARTMENT OF STATE senior Department officials pursuant to Defense support and capacity building a delegation of authority. Any reference for the conduct of certain designated [Delegation of Authority: 430] in this delegation of authority to any counterterrorism and combined statute or delegation of authority shall Delegation of Authority To Concur operations pursuant to 10 U.S.C. 331. be deemed to be a reference to such With Secretary of Defense on State Notwithstanding this delegation of statute or delegation of authority as Partnership Programs authority, any function or authority amended from time to time. delegated herein may be exercised by By virtue of the authority vested in This delegation of authority shall be the Secretary, a Deputy Secretary, the the Secretary of State by the laws of the published in the Federal Register. Under Secretary for Arms Control and United States, including section 1 of the Dated: May 4, 2017. International Security, or by other State Department Basic Authorities Act Rex W. Tillerson, senior Department officials pursuant to (22 U.S.C. 2651a) and 10 U.S.C. 341, I a delegation of authority. Any reference hereby delegate to the Assistant Secretary of State. in this delegation of authority to any Secretary for Political-Military Affairs, [FR Doc. 2017–12200 Filed 6–12–17; 8:45 am] statute or delegation of authority shall to the extent authorized by law, the BILLING CODE 4710–25–P be deemed to be a reference to such authority to concur with the Secretary of statute or delegation of authority as Defense on State Partnership Programs amended from time to time. pursuant to 10 U.S.C. 341. This delegation of authority shall be Notwithstanding this delegation of DEPARTMENT OF THE TREASURY published in the Federal Register. authority, any function or authority Financial Crimes Enforcement Network Dated: May 4, 2017. delegated herein may be exercised by Rex W. Tillerson, the Secretary, a Deputy Secretary, the Proposed Collection; Comment Secretary of State. Under Secretary for Arms Control and Request; Update and Renewal of the [FR Doc. 2017–12204 Filed 6–12–17; 8:45 am] International Security, or by other Bank Secrecy Act Designation of BILLING CODE 4710–25–P senior Department officials pursuant to Exempt Person Report a delegation of authority. Any reference in this delegation of authority to any AGENCY: Financial Crimes Enforcement DEPARTMENT OF STATE statute or delegation of authority shall Network (‘‘FinCEN’’), Treasury. be deemed to be a reference to such [Delegation of Authority: 434] ACTION: Notice and request for statute or delegation of authority as comments. Delegation of Authority To Concur amended from time to time. With Secretary of Defense on Inter- This delegation of authority SUMMARY: FinCEN, a bureau of the U.S. American Air Forces Academy supersedes Delegation of Authority 411, Department of the Treasury Programs dated November 28, 2014, and shall be (‘‘Treasury’’), invites all interested published in the Federal Register. parties to comment on its proposed By virtue of the authority vested in Dated: May 4, 2017. update and renewal of the collection of the Secretary of State by the laws of the Rex W. Tillerson, information through its ‘‘Designation of United States, including section 1 of the Secretary of State. Exempt Person’’ (‘‘DoEP’’) report, used State Department Basic Authorities Act [FR Doc. 2017–12202 Filed 6–12–17; 8:45 am] by banks and other depository institutions to designate eligible (22 U.S.C. 2651a) and 10 U.S.C. 349, I BILLING CODE 4710–25–P hereby delegate to the Assistant customers as exempt from the Secretary for Political-Military Affairs, requirement to report transactions in to the extent authorized by law, the DEPARTMENT OF STATE currency over $10,000. FinCEN is authority to concur with the Secretary of proposing to remove the reference to Defense on providing education and [Delegation of Authority: 432] ‘‘Document Control Number,’’ which is training under 10 U.S.C. 349. Delegation of Authority To Concur no longer in use, and add a country field Notwithstanding this delegation of With Secretary of Defense on to accommodate reporting from U.S. authority, any function or authority Multinational Centers of Excellence territories in Part II following the delegated herein may be exercised by current item 11, and Part III following the Secretary, a Deputy Secretary, the By virtue of the authority vested in the current item 23. This request for Under Secretary for Arms Control and the Secretary of State by the laws of the comments is being made pursuant to the International Security, or by other United States, including section 1 of the Paperwork Reduction Act (‘‘PRA’’) of senior Department officials pursuant to State Department Basic Authorities Act 1995.

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DATES: Written comments are welcome The information collected on the information; (c) ways to enhance the and must be received on or before DoEP is required to be provided quality, utility, and clarity of the August 14, 2017. pursuant to 31 U.S.C. 5313, as information to be collected; (d) ways to ADDRESSES: Comments may be implemented by FinCEN regulations minimize the burden of the collection of submitted by any of the following found at 31 CFR 1020.315(a)–(i). The information on respondents, including methods: information collected under this through the use of automated collection • Federal E-rulemaking Portal: http:// requirement is made available to techniques or other forms of information www.regulations.gov. Follow the appropriate agencies and organizations technology; and (e) estimates of capital instructions for submitting comments. as disclosed in FinCEN’s Privacy Act or start-up costs and costs of operation, Refer to Docket Number FINCEN–2017– System of Records Notice relating to maintenance and purchase of services to 0007. Bank Secrecy Act (‘‘BSA’’) Reports.2 provide information; (f) removal of the • Mail: Policy Division, Financial Current Action: An update and a reference to ‘‘document control Crimes Enforcement Network, P.O. Box renewal of the current DOEP, FinCEN number’’ and the addition of a 39, Vienna, VA 22183. Refer to Docket Form 110. The report is accessible on ‘‘country’’ field in Parts II and III. the FinCEN Web site at: http:// Number FINCEN–2017–0007. Jamal El Hindi, Please submit comments by one www.fincen.gov/forms/bsa_forms/. Type of Review: Update and renewal Deputy Director, Financial Crimes method only. All comments submitted Enforcement Network. in response to this notice will become of a currently approved collection. Affected Public: Businesses or other [FR Doc. 2017–11974 Filed 6–12–17; 8:45 am] a matter of public record. Therefore, you BILLING CODE 4810–02–P should submit only information that for-profit and not-for-profit financial you wish to make publicly available. institutions. Frequency: As required. FOR FURTHER INFORMATION CONTACT: The Estimated Reporting Burden: Average DEPARTMENT OF THE TREASURY FinCEN Resource Center at 800–767– of 60 minutes per report and 15 minutes Internal Revenue Service 2825 or electronically at [email protected]. recordkeeping per filing. (The reporting SUPPLEMENTARY INFORMATION: burden of the regulations 31 CFR Meeting of the Electronic Tax Title: BSA Designation of Exempt 1020.315(a)–(i) is reflected in the Administration Advisory Committee Persons (DoEP) Report by Depository burden for the form.) Financial Institutions, (See 31 CFR Estimated Recordkeeping and AGENCY: Internal Revenue Service (IRS), 1020.315(a)–(i)). Reporting Burden for 31 CFR Treasury. Office of Management and Budget 1020.315(a)–(i): 75 minutes. ACTION: Notice of meeting. (‘‘OMB’’) Number: 1506–0012. Estimated Number of Respondents: Form Number: FinCEN Form 110. 13,520.3 SUMMARY: The Electronic Tax Abstract: The statute generally Estimated Total Annual Responses: Administration Advisory Committee referred to as the ‘‘Bank Secrecy Act,’’ 25,160.4 (ETAAC) will hold a public meeting on Titles I and II of Public Law 91–508, as Estimated Total Annual Reporting Wednesday, June 28, 2017. amended, codified at 12 U.S.C. 1829b, and Recordkeeping Burden: 31,450 FOR FURTHER INFORMATION CONTACT: Mr. 12 U.S.C. 1951–1959, and 31 U.S.C. hours. Michael Deneroff, National Public 5311–5332, authorizes the Secretary of An agency may not conduct or Liaison, CL:NPL:SRM, Rm. 7559, 1111 the Treasury, among other things, to sponsor, and a person is not required to Constitution Avenue NW., Washington, require financial institutions to keep respond to, a collection of information DC 20224. Phone: 202–317–6851 (not a records and file reports that are unless the collection of information toll-free number). Email address: determined to have a high degree of displays a valid OMB control number. [email protected]. usefulness in criminal, tax, and Records required to be retained under SUPPLEMENTARY INFORMATION: Notice is regulatory matters, or in the conduct of the BSA must be retained for five years. hereby given pursuant to section intelligence or counter-intelligence Request for Comments 10(a)(2) of the Federal Advisory activities to protect against international Committee Act, 5 U.S.C. App. (1988), terrorism, and to implement counter- Comments submitted in response to that a public meeting of the ETAAC will money laundering programs and this notice will be summarized and/or be held on Wednesday, June 28, 2017 compliance procedures.1 Regulations included in the request for OMB from 9:00 a.m. to 12:00 p.m. at The implementing Title II of the Bank approval. All comments will become a Melrose Georgetown Hotel, 2430 Secrecy Act (‘‘BSA’’) appear at 31 CFR matter of public record. Comments are Pennsylvania Ave NW., Washington, DC Chapter X. The authority of the invited on: (a) Whether the collection of 20037. Secretary to administer the BSA has information is necessary for the proper The ETAAC provides continuing been delegated to the Director of performance of the functions of the input into the development and FinCEN. agency, including whether the implementation of the IRS The Secretary of the Treasury was information shall have practical utility; organizational strategy for electronic tax granted authority in 1992, with the (b) the accuracy of the agency’s estimate administration. The ETAAC provides an enactment of 31 U.S.C. 5313, to permit of the burden of the collection of organized public forum for discussion of financial institutions to exempt certain electronic tax administration issues 2 Treasury Department bureaus such as FinCEN such as prevention of identity theft and persons from the requirement to file renew their System of Records Notices every three currency transaction reports. years unless there is cause to amend them more refund fraud in support of the frequently. FinCEN’s System of Records Notice for overriding goal that paperless filing 1 Language expanding the scope of the Bank the BSA Report System was most recently should be the preferred and most Secrecy Act to intelligence or counter-intelligence published at 79 FR 20969, April 14, 2014, effective convenient method of filing tax and activities to protect against international terrorism May 19, 2014. information returns. ETAAC members was added by Section 358 of the Uniting and 3 As of January 31, 2014, there are 6,900 banks, Strengthening America by Providing Appropriate and savings and loans, and 6,620 credit unions. convey the public’s perceptions of IRS Tools Required to Intercept and Obstruct Terrorism 4 Number of responses are based on actual 2013 electronic tax administration activities, Act of 2001, Public Law 107–56. filings as reported to the FinCEN System of Record. offer constructive observations about

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current or proposed policies, programs irs.gov . Should you wish the ETAAC to Dated: June 6, 2017. and procedures, and suggest consider a written statement, please call John Lipold, improvements. 202–317–6851, or write to: Internal Designated Federal Official, Branch Chief, Due to limited seating and security Revenue Service, Office of National National Public Liaison. requirements, please call or email Public Liaison, CL:NPL:SRM, Room [FR Doc. 2017–12215 Filed 6–12–17; 8:45 am] Michael Deneroff to confirm your 7559, 1111 Constitution Avenue NW., BILLING CODE 4830–01–P attendance. Mr. Deneroff can be reached Washington, DC 20224 or email: at 202–317–6851 or PublicLiaison@ [email protected].

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Reader Aids Federal Register Vol. 82, No. 112 Tuesday, June 13, 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. 25988, 25989, 25991, 26406, Presidential Documents 3 CFR 26408, 26409, 26619 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 9618...... 25921 15 CFR 9619...... 25923 Other Services 922...... 26339 9620...... 25925 Electronic and on-line services (voice) 741–6020 9621...... 25927 18 CFR Privacy Act Compilation 741–6050 9622...... 25929 401...... 26989 Public Laws Update Service (numbers, dates, etc.) 741–6043 420...... 26989 5 CFR Proposed Rules: ELECTRONIC RESEARCH 1201...... 25715 1318...... 26620 1800...... 26739 World Wide Web 19 CFR 7 CFR 12...... 26340, 26582 Full text of the daily Federal Register, CFR and other publications 800...... 26843 is located at: www.fdsys.gov. 4279...... 26335 21 CFR Federal Register information and research tools, including Public Proposed Rules: 814...... 26348 Inspection List, indexes, and Code of Federal Regulations are 982...... 26859 1308...... 26349 located at: www.ofr.gov. 986...... 27028 Proposed Rules: 1308...... 25564 E-mail 10 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 72...... 25931 23 CFR Mailing List) is an open e-mail service that provides subscribers Proposed Rules: 490...... 25726 with a digital form of the Federal Register Table of Contents. The 72...... 25973 digital form of the Federal Register Table of Contents includes 28 CFR HTML and PDF links to the full text of each document. 12 CFR Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 1263...... 25716 16...... 25751 Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 29 CFR follow the instructions to join, leave, or manage your 229...... 25539 subscription. 701...... 26378, 26605 4901...... 26990 703...... 26378 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 705...... 26378 405...... 26877 service that notifies subscribers of recently enacted laws. 708a...... 26378, 26605 406...... 26877 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 708b...... 26605 and select Join or leave the list (or change settings); then follow 709...... 26378 30 CFR the instructions. 741...... 26378 250...... 26741 FEDREGTOC and PENS are mailing lists only. We cannot 745...... 26378 33 CFR respond to specific inquiries. 746...... 26378, 26391 747...... 26378 100 ...... 25511, 25960, 26992 Reference questions. Send questions and comments about the 750...... 26378 117 ...... 25726, 25727, 26584, Federal Register system to: [email protected] 26744, 26745, 26746 The Federal Register staff cannot interpret specific documents or 13 CFR 165 ...... 25515, 25517, 25519, regulations. 121...... 25503 25521, 25728, 25962, 25964, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 134...... 25503 25965, 26584, 26586, 26746, longer appears in the Federal Register. This information can be 26749, 26846, 26848, 26992, found online at http://bookstore.gpo.gov/. 14 CFR 27011, 27013, 27014, 27015 23...... 25509 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, JUNE 39 ...... 25723, 25936, 25940, Ch. I ...... 26632 25943, 25946, 25954, 26571, 110...... 25207 25203–25502...... 1 26573, 26576, 26579, 26580, 165...... 26760 26843, 26979, 26982, 26985 25503–25714...... 2 36 CFR 25715–25930...... 5 71 ...... 25958, 25959, 26336, 26338, 26987 1270...... 26588 25931–26334...... 6 26335–26570...... 7 Proposed Rules: 39 ...... 25542, 25545, 25547, 37 CFR 26571–26738...... 8 25550, 25552, 25554, 25556, 201...... 26850 26739–26842...... 9 25742, 25744, 25746, 25748, 202...... 26850 26843–26978...... 12 25975, 25978, 25980, 25983, 350...... 27016 26979–27104...... 13 25986, 26403, 26615, 26617, 360...... 27016 26758, 26864, 26867, 26869, 26872, 26874 38 CFR 71 ...... 25559, 25561, 25563, 60...... 26592

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14...... 26751 721...... 26644 531...... 25221 571...... 26360 532...... 25221 585...... 26360 40 CFR 42 CFR 535...... 25221 Proposed Rules: 52 ...... 25203, 25523, 25969, Proposed Rules: 540...... 25221 383...... 26888, 26894 26351, 26594, 26596, 26754, Ch. IV...... 26885 565...... 25221 26854 483...... 26649 384...... 26894 60...... 25730 47 CFR 387...... 25753 62...... 25734, 25969 44 CFR 0...... 25660 Ch. IV...... 26632 80...... 26354 64...... 25739 1...... 25660 81...... 25523 Proposed Rules: 25...... 25205 50 CFR 171...... 25529 1...... 26411 36...... 25535 180 ...... 25532, 26599, 27021 61...... 25660 217...... 26360 232...... 26603 45 CFR 63...... 25660 622...... 25205, 26366 258...... 25532 Proposed Rules: 69...... 25660 635...... 26603 Proposed Rules: Subtitle A ...... 26885 96...... 26857 648...... 27027 52 ...... 25208, 25211, 25213, 1148...... 26763 Proposed Rules: Proposed Rules: 25992, 25996, 25999, 26007, 1...... 26019 17...... 27033 46 CFR 8...... 25568 26634, 26638, 26762, 26883, Ch. II ...... 26419 27031 Proposed Rules: 54...... 26653 Ch. III ...... 26419 62...... 25753, 25969 Ch. I ...... 26632 20...... 25568 158...... 25567 Ch. III ...... 26632 73...... 25590, 26887 Ch. IV...... 26419 258...... 25568 515...... 25221 Ch. V...... 26419 174...... 26639, 26641 520...... 25221 49 CFR Ch. VI...... 26419 180...... 26641 525...... 25221 7...... 25740 660...... 26902 423...... 26017 530...... 25221 270...... 26359

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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 12, 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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