Vol. 83 Friday, No. 82 April 27, 2018
Pages 18399–18726
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 83, No. 82
Friday, April 27, 2018
Agricultural Marketing Service Certificates of Alternative Compliance: PROPOSED RULES Gunderson Marine LLC Hull 117, 18580–18581 Cranberries Grown in States of Massachusetts, et al.: Establishment of 2018–19 Seasonal Volume Regulation, Commerce Department 18462–18468 See Census Bureau Cranberries Grown in States of Massachusetts, Rhode See National Institute of Standards and Technology Island, Connecticut, New Jersey, Wisconsin, Michigan, See National Oceanic and Atmospheric Administration Minnesota, Oregon, Washington, and Long Island in See Patent and Trademark Office State of New York: Marketing Order; Proposed Amendment, 18460–18462 Committee for Purchase From People Who Are Blind or Severely Disabled Agriculture Department NOTICES See Agricultural Marketing Service Procurement List; Additions and Deletions, 18540–18541 NOTICES Agency Information Collection Activities; Proposals, Consumer Product Safety Commission Submissions, and Approvals, 18501 NOTICES Meetings: Census Bureau Prehearing Conference, 18541 NOTICES Meetings; Sunshine Act, 18541 Agency Information Collection Activities; Proposals, Defense Acquisition Regulations System Submissions, and Approvals: RULES 2020 Census New Construction Program, 18502–18504 Foreign Acquisition; Solicitation Provisions and Contract Centers for Disease Control and Prevention Clauses; CFR Correction, 18454 NOTICES Defense Department Meetings: See Defense Acquisition Regulations System Vessel Sanitation Program, 18567 See Engineers Corps Vessel Sanitation Program Operations Manual; Vessel See Navy Department Sanitation Program Construction Guidelines, 18567– NOTICES 18568 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Centers for Medicare & Medicaid Services Progress Payments, 18566–18567 RULES Managed Care; CFR Correction, 18441 Education Department NOTICES RULES Agency Information Collection Activities; Proposals, Definitions and Selection Criteria that Apply to Direct Submissions, and Approvals, 18568–18569 Grant Programs, 18419–18421 NOTICES Civil Rights Commission Privacy Act; Systems of Records, 18544–18547 NOTICES Meetings: Energy Department Nevada State Advisory Committee, 18502 See Federal Energy Regulatory Commission Ohio Advisory Committee, 18501–18502 Engineers Corps Coast Guard NOTICES RULES Exclusive Patent License Approvals: Anchorage Grounds: 4D Tech Solutions, Inc., Morgantown, WV, 18542 Galveston Harbor, Bolivar Roads Channel, Galveston, TX, Meetings: 18412–18414 Inland Waterways Users Board, 18542–18543 Drawbridge Operations: Atlantic Intracoastal Waterway, Boca Raton, FL, 18415 Environmental Protection Agency St. Johns River, Putnam County, FL, 18414–18415 RULES Safety Zones: Air Quality State Implementation Plans; Approvals and Recurring Safety Zones in Captain of the Port Sault Promulgations: Sainte Marie Zone, 18415–18419 Texas; Control of Air Pollution from Visible Emissions PROPOSED RULES and Particulate Matter, 18429–18431 Anchorages: Control of Emissions From New and In-Use Highway Captain of the Port Puget Sound Zone, WA; Withdrawal, Vehicles and Engines; CFR Correction, 18436 18491 Guidance: NOTICES Protection of Stratospheric Ozone; Stakeholder Meeting Certificate of Alternative Compliance for Gunderson Marine Concerning Significant New Alternatives Policy LLC Hull 116, 18580 Program, 18431–18436
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Incorporation by Reference of State Hazardous Waste NOTICES Management Program: Pleading Cycle Established for Comment on Applications New York, 18436–18441 for State Certification for Provision of PROPOSED RULES Telecommunications Relay Service, 18560 Air Quality State Implementation Plans; Approvals and Promulgations: Federal Deposit Insurance Corporation Montana; Revisions to Prevention of Significant NOTICES Deterioration Permitting Rules, 18494–18496 Agency Information Collection Activities; Proposals, South Dakota; Revisions to the Permitting Rules, 18496– Submissions, and Approvals, 18560–18562 18499 Texas; Control of Air Pollution from Visible Emissions Federal Energy Regulatory Commission and Particulate Matter, 18499 NOTICES Incorporation by Reference of State Hazardous Waste Combined Filings, 18547–18549, 18551–18552 Management Program: Complaints: New York, 18499–18500 CITGO Petroleum Corp. v. Colonial Pipeline Co., 18547– NOTICES 18548 Agency Information Collection Activities; Proposals, Consumers Energy Co., Interstate Power and Light Co., Submissions, and Approvals, 18553–18554 Midwest Municipal Transmission Group,Missouri National Volatile Organic Compound Emission Standards River Energy Services, Southern Minnesota for Architectural Coatings (Renewal), 18555–18556 Municipal Power Agency, WPPI Energy v. Agency Information Collection Activities; Proposals, International Transmission Co., ITC Midwest, LLC, Submissions, and Approvals: Michigan Electric Transmission Co., 18552 Mobile Air Conditioner Retrofitting Program, 18557– Environmental Assessments; Availability, etc.: 18558 Sabine Pass LNG, L.P.; Sabine Pass Liquefied Natural Gas Environmental Assessments; Availability, etc.: Third Berth Expansion Project, 18549–18551 Water Infrastructure Finance and Innovation Act, 18556– Filings: 18557 Reliability Standard for Transmission System Planned Environmental Impact Statements; Availability, etc.: Performance for Geomagnetic Disturbance Events, Weekly Receipts, 18554–18555 18551 Guidance: Initial Market-Based Rate Filings Including Requests for Planning for Natural Disaster Debris and Related Blanket Section 204 Authorizations: Guidance, 18558–18560 NS Power Energy Marketing Inc., 18552–18553 Meetings: Toxic Substances Control Act Alternative Testing Federal Motor Carrier Safety Administration Methods Draft Strategic Plan, 18556 NOTICES National Pollutant Discharge Elimination System General Agency Information Collection Activities; Proposals, Permits: Submissions, and Approvals: Hydroelectric Facilities within State of Idaho, 18555 Medical Qualification Requirements, 18640–18643 Qualification of Drivers; Exemption Applications: Federal Aviation Administration Diabetes, 18638–18640, 18643–18644, 18647–18648 Diabetes Mellitus, 18626–18634, 18636–18638 RULES Epilepsy and Seizure Disorders, 18624–18626 IFR Altitudes; Miscellaneous Amendments, 18401–18409 PROPOSED RULES Hearing, 18623–18624 Airworthiness Directives: Vision, 18622–18623, 18634–18635, 18644–18649 Airbus Airplanes, 18483–18488 Federal Railroad Administration Fokker Services B.V. Airplanes, 18488–18490 NOTICES RULES Agency Information Collection Activities; Proposals, Training, Qualification, and Oversight for Safety-Related Submissions, and Approvals: Railroad Employees, 18455–18459 Aircraft Noise Complaint and Inquiry System (FAA Noise Portal), 18620–18621 Federal Reserve System Renewal, Rotorcraft External Load Operator Certificate NOTICES Application, 18621–18622 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18562–18565 Formations of, Acquisitions by, and Mergers of Bank Federal Bureau of Investigation Holding Companies, 18565–18566 NOTICES Agency Information Collection Activities; Proposals, Fish and Wildlife Service Submissions, and Approvals, 18591 RULES Endangered and Threatened Species: Federal Communications Commission Removing Textual Descriptions of Critical Habitat RULES Boundaries for Mammals, Birds, Amphibians, Fishes, Auction of FM Translator Construction Permits: Clams, Snails, Arachnids, Crustaceans, and Insects, Filing Requirements, Minimum Opening Bids, Upfront 18698–18726 Payments, and Other Procedures for Auction 83, NOTICES 18441–18454 Incidental Take Permits; Applications: Connect America Fund, ETC Annual Reports and American Burying-Beetle Amended Oil and Gas Industry Certifications, Rural Broadband Experiments, 18454 Conservation Plan in Oklahoma, 18588–18589
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Food and Drug Administration International Trade Commission NOTICES NOTICES Guidance: Complaints: Clinical Trial Imaging Endpoint Process Standards, Certain Submarine Telecommunication Systems and 18571–18573 Components Thereof, 18590–18591 Index of Legally Marketed Unapproved New Animal Investigations; Determinations, Modifications, and Rulings, Drugs for Minor Species, 18569–18570 etc.: Multiple Function Device Products: Policy and Laminated Woven Sacks from Vietnam, 18589–18590 Considerations, 18570–18571 Justice Department See Federal Bureau of Investigation General Services Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18591–18592 Submissions, and Approvals: Proposed Consent Decrees: Progress Payments, 18566–18567 Clean Air Act, 18592
Health and Human Services Department Labor Department See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Agency Information Collection Activities; Proposals, See Food and Drug Administration Submissions, and Approvals: See Health Resources and Services Administration Bureau of Labor Statistics Occupational Safety and See National Institutes of Health Health Statistics Cooperative Agreement Application Package, 18592–18593 Health Resources and Services Administration Coverage of Certain Preventive Services under Affordable NOTICES Care Act—Private Sector, 18595–18596 Agency Information Collection Activities; Proposals, Labor Market Information Cooperative Agreement, Submissions, and Approvals: 18594–18595 Servicing Multi-Piece and Single Piece Rim Wheels Voluntary Partner Surveys to Implement Executive Order Standard, 18593–18594 12862 in Health Resources and Services Survey of Occupational Injuries and Illnesses, 18596– Administration, 18574 18597 Meetings: Advisory Committee on Heritable Disorders in Newborns National Aeronautics and Space Administration and Children, 18573 NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals: See Coast Guard Progress Payments, 18566–18567 See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection National Foundation on the Arts and the Humanities See Institute of Museum and Library Services Housing and Urban Development Department National Highway Traffic Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Requests for Information: Submissions, and Approvals: Improving Prehospital Trauma Care, 18649–18651 Human Trafficking Housing Partnership, 18584–18585 Indian Community Development Block Grant, 18585– National Institute of Standards and Technology 18586 NOTICES Manufactured Housing Installation Program Reporting National Cybersecurity Center of Excellence Data Integrity Requirements, 18586–18587 Building Block, 18504–18506 Single Family Premium Collection Subsystem—Periodic, 18587 National Institutes of Health NOTICES Institute of Museum and Library Services Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, CTEP Branch and Support Contracts Forms and Surveys, Submissions, and Approvals: 18576–18579 State Program Reporting System Forms, 18597–18598 Data and Specimen Hub, 18575–18576 Meetings: Center for Scientific Review, 18579–18580 Inter-American Foundation Diabetes Mellitus Interagency Coordinating Committee, NOTICES 18574–18575 Meetings; Sunshine Act, 18587–18588 National Oceanic and Atmospheric Administration Interior Department NOTICES See Fish and Wildlife Service Agency Information Collection Activities; Proposals, See Reclamation Bureau Submissions, and Approvals, 18533–18534, 18536– See Surface Mining Reclamation and Enforcement Office 18537
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Agency Information Collection Activities; Proposals, Delegation of Authority: Submissions, and Approvals: Chief Operating Officer Functions Delegated to Chief of Pacific Islands Logbook Family of Forms, 18534–18535 Staff, 18617 Environmental Impact Statements; Availability, etc.: Marine Mammal Health and Stranding Response State Department Program, 18507 NOTICES Meetings: Meetings: Gulf of Mexico Fishery Management Council, 18535 Advisory Committee on International Economic Policy, National Sea Grant Advisory Board, 18506–18507 18618 New England Fishery Management Council, 18533–18536 Preparation for Forty-Second Session of International Science Advisory Board, 18536 Maritime Organization’s Facilitation Committee, Takes of Marine Mammals Incidental to Specified 18617 Activities: Low-Energy Geophysical Survey in Northwest Atlantic Surface Mining Reclamation and Enforcement Office Ocean, 18664–18695 RULES South Basin Improvements Project, San Francisco Ferry Alabama Regulatory Program, 18409–18412 Terminal, 18507–18533 Surface Transportation Board National Science Foundation NOTICES NOTICES Lease and Operation Exemptions: Agency Information Collection Activities; Proposals, Kasgro Rail Corp.; KJ Rail Logistics LLC, 18618 Submissions, and Approvals, 18598–18600
Navy Department Trade Representative, Office of United States NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Country Practice Reviews: Point Mugu Sea Range, 18543–18544 India, Indonesia, and Kazakhstan, 18618–18620
Patent and Trademark Office Transportation Department NOTICES See Federal Aviation Administration Agency Information Collection Activities; Proposals, See Federal Motor Carrier Safety Administration Submissions, and Approvals: See Federal Railroad Administration National Medal of Technology and Innovation See National Highway Traffic Safety Administration Nomination Application, 18537 NOTICES Post Registration (Trademark Processing), 18537–18539 Funding Availability: National Infrastructure Investments under the Personnel Management Office Consolidated Appropriations Act, 2018, 18651–18661 RULES Federal Employees Health Benefits Program Flexibilities, U.S. Citizenship and Immigration Services 18399–18401 NOTICES Agency Information Collection Activities; Proposals, Postal Regulatory Commission Submissions, and Approvals: RULES Nonimmigrant Petition Based on Blanket L Petition, Update to Product List, 18422–18429 18582–18583 Request for Reduced Fee, 18583–18584 Reclamation Bureau NOTICES U.S. Customs and Border Protection Environmental Impact Statements; Availability, etc.: NOTICES Pure Water San Diego Program, North City Project; San Agency Information Collection Activities; Proposals, Diego County, CA, 18589 Submissions, and Approvals: Certificate of Origin, 18582 Securities and Exchange Commission Free Trade Agreements, 18581–18582 NOTICES Applications: Veterans Affairs Department Swiss Helvetia Fund, Inc., et al., 18602 RULES Self-Regulatory Organizations; Proposed Rule Changes: Eligibility for Supplemental Service-Disabled Veterans’ Cboe Exchange, Inc., 18605–18614 Insurance, 18421–18422 MIAX PEARL, LLC, 18614–18616 PROPOSED RULES Nasdaq Stock Market, LLC, 18600–18601 Veterans’ Group Life Insurance Increased Coverage, 18491– NYSE Arca, Inc., 18603–18605 18494 Small Business Administration PROPOSED RULES Small Business Size Standards: Separate Parts In This Issue Revised Size Standards Methodology, 18468–18483 NOTICES Part II Agency Information Collection Activities; Proposals, Commerce Department, National Oceanic and Atmospheric Submissions, and Approvals, 18616–18617 Administration, 18664–18695
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Part III To subscribe to the Federal Register Table of Contents Interior Department, Fish and Wildlife Service, 18698– electronic mailing list, go to https://public.govdelivery.com/ 18726 accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
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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.
5 CFR 890...... 18399 7 CFR Proposed Rules: 929 (2 documents) ...... 18460, 18462 13 CFR Proposed Rules: 121...... 18468 14 CFR 95...... 18401 Proposed Rules: 39 (3 documents) ...... 18343, 18345, 18348 30 CFR 901...... 18409 33 CFR 110...... 18412 117 (2 documents) ...... 18414, 18415 165...... 18415 Proposed Rules: 110...... 18491 34 CFR 75...... 18419 77...... 18419 38 CFR 8...... 18421 Proposed Rules: 9...... 18491 39 CFR 3020...... 18422 40 CFR 52...... 18429 82...... 18431 86...... 18436 272...... 18436 Proposed Rules: 52 (3 documents) ...... 18494, 18496, 18499 272...... 18499 42 CFR 438...... 18441 47 CFR 1...... 18441 54...... 18454 73...... 18441 74...... 18441 48 CFR 225...... 18454 252...... 18454 49 CFR 243...... 18455 50 CFR 17...... 18698
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Rules and Regulations Federal Register Vol. 83, No. 82
Friday, April 27, 2018
This section of the FEDERAL REGISTER under 5 U.S.C. 8903(1) and (2) to have statutory and regulatory changes to contains regulatory documents having general two options and a high deductible increase competition in the Program. applicability and legal effect, most of which health plan, but plan types under 5 OPM understands the concerns are keyed to and codified in the Code of U.S.C. 8903(3) and (4) may have three expressed by these FEHB carriers and Federal Regulations, which is published under options or two options and a high appreciates the alternate proposals to 50 titles pursuant to 44 U.S.C. 1510. deductible health plan, creating an increase competition, some of which The Code of Federal Regulations is sold by asymmetry between the potential would require legislative action to the Superintendent of Documents. offerings of types of health benefits implement. However, OPM declines to plans. We have revised the regulations adjust the proposed regulatory language so all health benefits plans under 5 based on these comments. OPM’s OFFICE OF PERSONNEL U.S.C. 8903 have the language that primary objective for the FEHB Program, MANAGEMENT includes three options or two options as detailed in the agency’s strategic plan, is to enhance the quality and 5 CFR Part 890 and a high deductible health plan. This will give enrollees additional options affordability of FEHB insurance RIN 3206–AN54 when considering which health plan is offerings. In order to achieve that best suited for them, for example, using objective, this regulation’s goal is to Federal Employees Health Benefits a variety of variables such as premium, allow increased competition among Program Flexibilities co-pay, and deductible costs, provider FEHB Program plans. OPM considers a competitive environment as one in AGENCY: Office of Personnel networks, and referral and pre- Management. authorization policies. Since all health which all carriers conduct business under the same set of rules, meaning no ACTION: Final rule. plans must compete annually for enrollees, the availability of additional carrier has the advantage of offering SUMMARY: To correct an asymmetry in options could create an incentive for products that another carrier cannot. the insurance market for Federal plans to keep premiums as low as While plan benefits vary, OPM wants all employees and annuitants, this Final possible to attract enrollees. This carriers to be able to offer the same regulation provides all Federal regulation fully aligns with the number and types of plan options. Employees Health Benefits (FEHB) Administration’s goal of promoting Carriers in the FEHB Program compete Program carriers the ability to offer the quality and affordable health plan on price, quality, providers, and same number and types of plan options. choices. coverage levels. All carriers have the Currently, OPM regulations defining ability to adjust their premiums, focus minimum standards for health benefits Response to Comments on quality, recruit providers and promote their brand to compete with the plans allow certain plans to have two On December 19, 2017, OPM options and a high deductible health largest insurer in the FEHB Program. published this as a proposed rule in the That some carriers attract more plan, while other plans may have three Federal Register (82 FR 60126) and the options of any type or two options and enrollment than others is not evidence 60 day comment period ended on of an anti-competitive environment. The a high deductible health plan, creating February 20, 2018. OPM received an asymmetry between the potential new option now available to be offered comments from a citizen, several FEHB by the Service Benefit Plan may offerings of health benefits plans. We carriers, and a bankers’ association. have revised the regulations so all encourage carriers to make changes to health benefits plans are able to offer All the commenters were supportive their existing third products or add a three options or two options and a high of the regulation’s goal to increase new third product, creating more deductible health plan. This final rule choice, competition and affordability. competition in the Program. will give FEHB enrollees more choices One FEHB carrier, the citizen and the Several carriers also asserted that the in selecting a health plan that best meets bankers’ association expressed proposed rule exceeds OPM’s authority their family’s health care needs. agreement with the proposed regulatory under the FEHB Act and recommended change, while all commenting carriers that OPM withdraw the proposed rule. DATES: This rule is effective April 27, supported OPM’s stated purpose. OPM declines to withdraw the proposed 2018. However, some of the commenting rule on this basis. FOR FURTHER INFORMATION CONTACT: carriers expressed the concern that the OPM asserts that the statute allows Michael W. Kaszynski, Senior Policy proposed adjustment to section both the SBP and the IBP to have more Analyst, at [email protected] § 890.201 will not increase competition than two options of benefits. The or (202) 606–0004. in the FEHB Program because the legislative history of the FEHB Act SUPPLEMENTARY INFORMATION: To correct regulatory change only affects the (FEHBA) supports this conclusion. In an asymmetry in the insurance market offerings of the Service Benefit Plan designing the FEHB Program, Congress for Federal employees and annuitants, (SBP) carrier [since there is no current intended for employees to have free this Final regulation provides all carrier contracted to offer the Indemnity choice among health benefits plans in Federal Employees Health Benefits Benefit Plan (IBP)]. The carriers noted four major categories and the legislative (FEHB) Program carriers the ability to that the Service Benefit Plan currently history notes that the SBP and the IBP offer the same number and types of plan provides health insurance coverage to a would each include ‘‘at least’’ two levels options. Currently, OPM regulations at 5 significant portion of FEHB enrollees, of benefits; H.R. Rep. No. 957, 86th CFR 890.201 on minimum standards for dominating the FEHB insurance market. Cong., 1st Sess. 1959, 1959 U.S.C.C.A.N. health benefits plans allow plan types Two of the carriers proposed alternate 2913, 2915; 1959 WL 3975. OPM’s
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interpretation of the FEHBA allows for two options was intended to ensure Executive Order Requirements carriers to have no fewer than two sufficient choice to serve enrollees, Executive Orders 13563 and 12866 options, and supports the Agency’s given that the purpose of the law was to direct agencies to assess all costs and position on competition, quality and recruit and retain employees by benefits of available regulatory affordability in the FEHB Program. The establishing a program with a variety of alternatives and, if regulation is precedent for adding additional options offerings consisting of good coverage at necessary, to select regulatory to the SBP was set in 2010 at 75 FR low cost. The notion that OPM may in approaches that maximize net benefits 76615. Additional innovative options some way be constrained by language (including potential economic, can help the government compete with that does not expressly preclude more environmental, public health and safety private employers for talented than two levels, mandating the agency effects, distributive impacts, and employees. to fail or refuse to modernize its equity). Executive Order 13563 FEHBA was enacted in 1959 with the thinking or react responsively to change emphasizes the importance of recognition that competition was engendered by transformations in the quantifying both costs and benefits, of essential to maintain good benefits at marketplace and in the arena of FEHB reducing costs, of harmonizing rules, low cost. Congress, however, did not competition, is antithetical to the and of promoting flexibility. This rule seek to burden the Government with the foundational premise of the program. has been designated a ‘‘significant administrative complexities of doing Given the ongoing evolution of regulatory action,’’ under Executive business with a large number of carriers competition in the health care industry, Order 12866. throughout the nation competing for OPM has now taken the view that the Federal enrollees. Recognizing that statute need not be read to require Paperwork Reduction Act unrestricted competition could make exactly two levels for SBP and IBP. We Requirements the program administratively unwieldy believe that so long as there are ‘‘at Notwithstanding any other provision and ineffective, competition was least’’ two levels of benefits, permitting of law, no person is required to respond contemplated as occurring between and additional levels of benefits does not to, nor shall any person be subject to a among the industry groups offering the contravene the statute; the goal of penalty for failure to comply with a various plan types. See testimony from ensuring adequate competition while collection of information subject to the the hearing before the House Committee avoiding undue administrative requirements of the Paperwork on Post Office and Civil Service complexity is satisfied. Reduction Act of 1995 (44 U.S.C. 3501 (Testimony) at 89–93; S Rept 498, 86th Carriers noted in their comments that et seq.) (PRA), unless that collection of Cong 1st Sess 1959 at 8–9. In OPM has asserted in the past that the information displays a currently valid considering the plan descriptions and SBP and the IBP are limited to offering Office of Management and Budget types, it was clear that Congress valued only 2 options. While this may be (OMB) Control Number. and anticipated evolution in the health relevant historical context, the current This rule involves an OMB approved benefits services industry and regulation allows both the SBP and the collection of information subject to the intentionally left certain aspects of the IBP to have 3 options, though one must PRA—OMB No. 3206–0160, Health law vague in order for the carriers and/ be a high deductible health plan Benefits Election Form. The public or the Civil Service Commission (CSC) (HDHP). In other words, under the reporting burden for this collection is to apply discretion. Indeed, the Senate current regulation the SBP and the IBP estimated to average 30 minutes per Report identifies, in its prefatory are able to offer more than two levels of response, including time for reviewing discussion of governing principles benefits. This regulation merely instructions, searching existing data related to the Government as an broadens carriers’ ability to offer sources, gathering and maintaining the employer, that the Federal Government competitive options beyond HDHPs. data needed, and completing and has an opportunity to ‘‘influence Therefore, no changes have been made reviewing the collection of information. soundly the development of health to the regulation based on these The total burden hour estimate for this services and ways of financing their comments. form is 9,000 hours. The systems of costs, and that all responsible and Expected Impact of Final Changes record notice for this collection is: promising efforts should be encouraged OPM/Central 1 Civil Service Retirement and not arbitrarily limited to any single The FEHB Program currently and Insurance Records, available at approach. Reasonable competition contracts with 83 health plan carriers https://www.opm.gov/information- among different types of programs will which offer a total of 262 health plan management/privacy-policy/sorn/opm- provide Federal employees with a better options. These changes are projected to sorn-central-1-civil-service-retirement- program.’’ It appears clear from the create two additional plan options in and-insurance-records.pdf. legislative history of the FEHB Program the FEHB Program. OPM expects that The FEHB Program currently has a that Congress intended the CSC and its this regulatory change allowing an total of 262 health plan options for successor OPM to reasonably interpret increase in the number of plan options employees to choose from for their the law in a way that supports and will have a positive effect on the market health benefits coverage. Historically, encourages competition among the dynamics in the FEHB Program by about 18,000 FEHB participants switch different categories of plans. Where the potentially increasing competition health care plans in any given year. This law as it presently reads, refers to ‘‘at between health plans. This regulatory regulation has the potential to add two least’’ in other places, it does so in an change will allow health plans under 5 new enrollment codes representing new unrelated context, not necessarily U.S.C. 8903(1) and (2) to offer a greater plan options and is not anticipated to related to OPM’s discretion in variety of lower cost, higher quality significantly change the burden establishing competition. Where the law options to better serve FEHB Program associated with this collection. Send does not speak to the number of levels enrollee interests. OPM will ensure that comments regarding the burden or options, it is implicit that OPM has any new options are distinct and meet estimate or any other aspect of this authority to restrict or encourage a enrollee interests and that enrollees collection of information, including carrier’s addition of options in those have access to adequate information to suggestions for reducing this burden to plans. The need for a baseline of at least understand the available plan options. [email protected].
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Regulatory Flexibility Act The revision reads as follows: The Rule I certify that these regulations will not § 890.201 Minimum standards for health The specified IFR altitudes, when have a significant economic impact on benefits plans. used in conjunction with the prescribed a substantial number of small entities. * * * * * changeover points for those routes, ensure navigation aid coverage that is E.O. 13771: Reducing Regulation and (b) * * * adequate for safe flight operations and Controlling Regulatory Costs (3)(i) Have either more than three free of frequency interference. The This Final rule is expected to be an options, or more than two options and a high deductible health plan (26 U.S.C. reasons and circumstances that create E.O. 13771 deregulatory action as it the need for this amendment involve addresses an asymmetry in the Federal 223(c)(2)(A)) if the plan is described under 5 U.S.C. 8903(1), (2), (3) or (4). matters of flight safety and operational Employees Health Benefits (FEHB) efficiency in the National Airspace Program market by allowing all carriers * * * * * System, are related to published to offer three plan options. Additional [FR Doc. 2018–08933 Filed 4–26–18; 8:45 am] aeronautical charts that are essential to information can be found in the BILLING CODE 6325–63–P the user, and provide for the safe and ‘‘Expected Impact of Final Changes’’ efficient use of the navigable airspace. section of the rule. In addition, those various reasons or List of Subjects in 5 CFR Part 890 DEPARTMENT OF TRANSPORTATION circumstances require making this amendment effective before the next Administration and general Federal Aviation Administration scheduled charting and publication date provisions; Health benefits plans; of the flight information to assure its Enrollment, Temporary extension of 14 CFR Part 95 timely availability to the user. The coverage and conversion; Contributions effective date of this amendment reflects and withholdings; Transfers from [Docket No. 31192; Amdt. No. 539] those considerations. In view of the retired FEHB Program; Benefits in close and immediate relationship IFR Altitudes; Miscellaneous medically underserved areas; Benefits between these regulatory changes and Amendments for former spouses; Limit on inpatient safety in air commerce, I find that notice hospital charges, physician charges, and AGENCY: Federal Aviation and public procedure before adopting FEHB benefit payments; Administrative Administration (FAA), DOT. this amendment are impracticable and sanctions imposed against health care ACTION: Final rule. contrary to the public interest and that providers; Temporary continuation of good cause exists for making the coverage; Benefits for United States SUMMARY: This amendment adopts amendment effective in less than 30 hostages in Iraq and Kuwait and United miscellaneous amendments to the days. States hostages captured in Lebanon; required IFR (instrument flight rules) Department of Defense Federal Conclusion altitudes and changeover points for Employees Health Benefits Program certain Federal airways, jet routes, or The FAA has determined that this demonstration project; Administrative direct routes for which a minimum or regulation only involves an established practice and procedure, Employee maximum en route authorized IFR body of technical regulations for which benefit plans, Government employees, altitude is prescribed. This regulatory frequent and routine amendments are Reporting and recordkeeping action is needed because of changes necessary to keep them operationally requirements, Retirement. occurring in the National Airspace current. It, therefore—(1) Is not a U.S. Office of Personnel Management. System. These changes are designed to ‘‘significant regulatory action’’ under Jeff T.H. Pon, provide for the safe and efficient use of Executive Order 12866; (2) is not a Director. the navigable airspace under instrument ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Accordingly, OPM is amending title 5, conditions in the affected areas. FR 11034; February 26, 1979); and (3) Code of Federal Regulations, as follows: DATES: Effective 0901 UTC, May 24, does not warrant preparation of a 2018. PART 890—FEDERAL EMPLOYEES regulatory evaluation as the anticipated FOR FURTHER INFORMATION CONTACT: HEALTH BENEFITS PROGRAM impact is so minimal. For the same Thomas J. Nichols, Flight Procedure reason, the FAA certifies that this ■ 1. The authority citation for part 890 Standards Branch (AMCAFS–420), amendment will not have a significant continues to read as follows: Flight Technologies and Programs economic impact on a substantial Division, Flight Standards Service, Authority: 5 U.S.C. 8913; Sec. 890.301 also number of small entities under the issued under sec. 311 of Pub. L. 111–03, 123 Federal Aviation Administration, Mike criteria of the Regulatory Flexibility Act. Monroney Aeronautical Center, 6500 Stat. 64; Sec. 890.111 also issued under List of Subjects in 14 CFR Part 95 section 1622(b) of Pub. L. 104–106, 110 Stat. South MacArthur Blvd., Oklahoma City, 521; Sec. 890.112 also issued under section OK 73169 (Mail Address: P.O. Box Airspace, Navigation (air). 1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C. 25082, Oklahoma City, OK 73125) Issued in Washington, DC, on April 20, 8913; Sec. 890.803 also issued under 50 telephone: (405) 954–4164. 2018. U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1; SUPPLEMENTARY INFORMATION: This John Duncan, subpart L also issued under sec. 599C of Pub. L. 101–513, 104 Stat. 2064, as amended; Sec. amendment to part 95 of the Federal Director, Flight Standards Service. Aviation Regulations (14 CFR part 95) 890.102 also issued under sections 11202(f), Adoption of the Amendment 11232(e), 11246 (b) and (c) of Pub. L. 105– amends, suspends, or revokes IFR 33, 111 Stat. 251; and section 721 of Pub. L. altitudes governing the operation of all Accordingly, pursuant to the 105–261, 112 Stat. 2061; Pub. L. 111–148, as aircraft in flight over a specified route authority delegated to me by the amended by Pub. L. 111–152. or any portion of that route, as well as Administrator, part 95 of the Federal ■ 2. Amend § 890.201 by revising the changeover points (COPs) for Aviation Regulations (14 CFR part 95) is paragraph (b)(3)(i) and removing and Federal airways, jet routes, or direct amended as follows effective at 0901 reserving paragraph (b)(3)(ii). routes as prescribed in part 95. UTC, May 24, 2018.
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■ 1. The authority citation for part 95 Authority: 49 U.S.C. 106(g), 40103, 40106, ■ 2. Part 95 is amended to read as continues to read as follows: 40113, 40114, 40120, 44502, 44514, 44719, follows: 44721.
REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT [Amendment 539 effective date May 24, 2018]
FROM TO MEA
§ 95.6001 Victor Routes–U.S. § 95.6002 VOR Federal Airway V2 is Amended to Delete
LANSING, MI VORTAC ...... SALEM, MI VORTAC ...... *5000 *3000—MOCA *3000—GNSS MEA SALEM, MI VORTAC ...... DELOW, MI FIX ...... 3000 DELOW, MI FIX ...... U.S. CANADIAN BORDER ...... *4000 *2800—MOCA U.S. CANADIAN BORDER ...... BUFFALO, NY VOR/DME ...... *4000 *2400—MOCA
§ 95.6005 VOR Federal Airway V5 is Amended to Delete
APPLETON, OH VORTAC ...... MANSFIELD, OH VORTAC ...... 3000 MANSFIELD, OH VORTAC ...... DRYER, OH VOR/DME ...... 3000 DRYER, OH VOR/DME ...... U.S. CANADIAN BORDER ...... #2500 #FOR THAT AIRSPACE OVER U.S. TERRITORY
§ 95.6006 VOR Federal Airway V6 is Amended by Adding
GIPPER, MI VORTAC ...... MODEM, IN FIX ...... *4000 *2600—MOCA
Is Amended to Delete
GIPPER, MI VORTAC ...... BRYTO, IN FIX X ...... *3500 *2600—MOCA BRYTO, IN FIX ...... PIONS, OH FIX ...... *4000 *2500—MOCA PIONS, OH FIX ...... WATERVILLE, OH VOR/DME ...... *3300 *2300—MOCA DRYER, OH VOR/DME ...... *MOROW, OH FIX ...... 3100 *5000—MCA MOROW, OH FIX, E BND MOROW, OH FIX ...... *HIRES, OH FIX ...... **5000 *3500—MCA HIRES, OH FIX, W BND **2700—MOCA **3000—GNSS MEA HIRES, OH FIX ...... YOUNGSTOWN, OH VORTAC ...... 2900 YOUNGSTOWN, OH VORTAC ...... MERCY, PA FIX ...... *5000 *3000—MOCA *3000—GNSS MEA MERCY, PA FIX ...... CLARION, PA VOR/DME ...... 3600
§ 95.6007 VOR Federal Airway V7 is Amended to Read in Part
DOLPHIN, FL VORTAC ...... LEE COUNTY, FL VORTAC ...... 2300
§ 95.6008 VOR Federal Airway V8 is Amended to Delete
FLAG CITY, OH VORTAC ...... DUSKY, OH FIX ...... 2600 DUSKY, OH FIX ...... MANSFIELD, OH VORTAC ...... 3000 MANSFIELD, OH VORTAC ...... BRIGGS, OH VOR/DME ...... 3000
§ 95.6010 VOR Federal Airway V10 is Amended to Delete
LITCHFIELD, MI VOR/DME ...... *CRUXX, MI FIX ...... 3000 *7500—MRA *CRUXX, MI FIX ...... CARLETON, MI VOR/DME ...... **6000 *7500—MRA **2300—MOCA CARLETON, MI VOR/DME ...... U.S. CANADIAN BORDER ...... *3000 *2100—MOCA U.S. CANADIAN BORDER ...... AZTRO, OH FIX ...... *4000 *1800—MOCA AZTRO, OH FIX ...... FAILS, OH FIX ...... *4000 *1800—MOCA *2300—GNSS MEA
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
FAILS, OH FIX ...... WONOP, OH FIX ...... *3000 *2000—MOCA WONOP, OH FIX ...... YOUNGSTOWN, OH VORTAC ...... *5000 *2700—MOCA *3000—GNSS MEA
§ 95.6011 VOR Federal Airway V11 is Amended to Delete
EDGEE, OH FIX ...... PIONS, OH FIX ...... 4000 PIONS, OH FIX ...... *HIRED, MI FIX ...... 6000 *6000—MRA *HIRED, MI FIX ...... **CRUXX, MI FIX ...... 7500 *6000—MRA **7500—MRA
§ 95.6014 VOR Federal Airway V14 is Amended to Delete
FLAG CITY, OH VORTAC ...... OBRLN, OH FIX ...... *3500 *2400—MOCA OBRLN, OH FIX ...... DRYER, OH VOR/DME ...... *3500 *2500—MOCA DRYER, OH VOR/DME ...... JEFFERSON, OH VOR/DME ...... 3500 JEFFERSON, OH VOR/DME ...... ERIE, PA VORTAC ...... 2700
§ 95.6026 VOR Federal Airway V26 is Amended to Delete
LANSING, MI VORTAC ...... SALEM, MI VORTAC ...... *5000 *3000—GNSS MEA SALEM, MI VORTAC ...... DETROIT, MI VOR/DME ...... 2900 DETROIT, MI VOR/DME ...... U.S. CANADIAN BORDER ...... *3400 *2300—MOCA U.S. CANADIAN BORDER ...... GEMNI, OH FIX ...... *3400 *2300—MOCA GEMNI, OH FIX ...... DRYER, OH VOR/DME ...... *3000 *2200—MOCA
§ 95.6030 VOR Federal Airway V30 is Amended to Delete
LITCHFIELD, MI VOR/DME ...... *HIRED, MI FIX ...... 3000 *6000—MRA *HIRED, MI FIX ...... WATERVILLE, OH VOR/DME ...... 3000 *6000—MRA DRYER, OH VOR/DME ...... AKRON, OH VOR/DME ...... 3000 AKRON, OH VOR/DME ...... CAPEL, OH FIX ...... 3600 CAPEL, OH FIX ...... VOLAN, PA FIX ...... *3600 *2800—MOCA VOLAN, PA FIX ...... CLARION, PA VOR/DME ...... 3600
§ 95.6038 VOR Federal Airway V38 is Amended by Adding
FORT WAYNE, IN VORTAC ...... WINES, OH FIX ...... 2500
Is Amended to Delete
FORT WAYNE, IN VORTAC ...... FLAG CITY, OH VORTAC ...... 2500 FLAG CITY, OH VORTAC ...... APPLETON, OH VORTAC ...... 3000
§ 95.6040 VOR Federal Airway V40 is Amended to Delete
DRYER, OH VOR/DME ...... BRIGGS, OH VOR/DME ...... 3000 BRIGGS, OH VOR/DME ...... CUTTA, OH FIX ...... 3000
§ 95.6043 VOR Federal Airway V43 is Amended to Delete
APPLETON, OH VORTAC ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... BRIGGS, OH VOR/DME ...... 3000 BRIGGS, OH VOR/DME ...... YOUNGSTOWN, OH VORTAC ...... 3000 ERIE, PA VORTAC ...... U.S. CANADIAN BORDER. #UNUSABLE U.S. CANADIAN BORDER ...... BUFFALO, NY VOR/DME ...... *4000 *2400—MOCA
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
§ 95.6045 VOR Federal Airway V45 is Amended to Delete
APPLETON, OH VORTAC ...... DUSKY, OH FIX ...... 3000 DUSKY, OH FIX ...... WATERVILLE, OH VOR/DME ...... 2600 WATERVILLE, OH VOR/DME ...... *HIRED, MI FIX ...... 3000 *6000—MRA *HIRED, MI FIX ...... JACKSON, MI VOR/DME ...... 3000 *6000—MRA JACKSON, MI VOR/DME ...... LANSING, MI VORTAC ...... 3000 LANSING, MI VORTAC ...... SAGINAW, MI VOR/DME ...... 2600
§ 95.6047 VOR Federal Airway V47 is Amended to Delete
FLAG CITY, OH VORTAC ...... WATERVILLE, OH VOR/DME ...... 2500
§ 95.6059 VOR Federal Airway V59 is Amended to Delete
NEWCOMERSTOWN, OH VOR/DME ...... BRIGGS, OH VOR/DME ...... 3000
§ 95.6074 VOR Federal Airway V74 is Amended to Read in Part
FORT SMITH, AR VORTAC ...... MAGGA, AR FIX. E BND ...... 4500 W BND ...... 4000
§ 95.6075 VOR Federal Airway V75 is Amended to Delete
BRIGGS, OH VOR/DME ...... DRYER, OH VOR/DME ...... 3000 DRYER, OH VOR/DME ...... U.S. CANADIAN BORDER ...... #*4000 *2200—MOCA #FOR THAT AIRSPACE OVER U.S. TERRITORY.
§ 95.6084 VOR Federal Airway V84 is Amended to Delete
LANSING, MI VORTAC ...... FLINT, MI VORTAC ...... 2700
§ 95.6092 VOR Federal Airway V92 is Amended to Delete
BEBEE, IL FIX ...... *NILES, IL FIX ...... 3400 *3500—MRA *3000—MCA NILES, IL FIX, N BND *NILES, IL FIX ...... CHICAGO HEIGHTS, IL VORTAC ...... 2500 *3500—MRA GOSHEN, IN VORTAC ...... BAGEL, IN FIX ...... 2700 BAGEL, IN FIX ...... EDGEE, OH FIX ...... *3000 *2400—MOCA EDGEE, OH FIX ...... WATERVILLE, OH VOR/DME ...... 3000 WATERVILLE, OH VOR/DME ...... MANSFIELD, OH VORTAC ...... 2900 MANSFIELD, OH VORTAC ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... NEWCOMERSTOWN, OH VOR/DME ...... 3000
§ 95.6096 VOR Federal Airway V96 is Amended by Adding
FORT WAYNE, IN VORTAC ...... TWERP, OH FIX ...... *5000 *2300—MOCA
Is Amended to Delete
FORT WAYNE, IN VORTAC ...... *ILLIE, OH FIX ...... **5000 *16000—MCA ILLIE, OH FIX, NE BND **2300—MOCA ILLIE, OH FIX ...... *ANNTS, OH FIX ...... **16000 *16000—MCA ANNTS, OH FIX, SW BND **2100—MOCA ANNTS, OH FIX ...... DETROIT, MI VOR/DME ...... *3000 *2100—MOCA
§ 95.6098 VOR Federal Airway V98 is Amended to Delete
DAYTON, OH VOR/DME ...... HINES, OH FIX ...... 3000 HINES, OH FIX ...... *WOCKY, OH FIX ...... 7000 *7000—MCA WOCKY, OH FIX, S BND
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
WOCKY, OH FIX ...... *PIONS, OH FIX ...... 10000 *10000—MCA PIONS, OH FIX, S BND PIONS, OH FIX ...... MIZAR, MI FIX ...... 3000
§ 95.6103 VOR Federal Airway V103 is Amended to Delete
AKRON, OH VOR/DME ...... U.S. CANADIAN BORDER ...... *9000 *2700—MOCA U.S. CANADIAN BORDER ...... DETROIT, MI VOR/DME ...... *4000 *2700—MOCA DETROIT, MI VOR/DME ...... PONTIAC, MI VORTAC ...... *3000 *2400—MOCA PONTIAC, MI VORTAC ...... LANSING, MI VORTAC ...... 3000
§ 95.6116 VOR Federal Airway V116 is Amended to Delete
WILLA, IL FIX ...... *NEPTS, MI FIX ...... **4000 *3000—MRA **1800—MOCA *NEPTS, MI FIX ...... KEELER, MI VOR/DME ...... 2400 *3000—MRA KEELER, MI VOR/DME ...... KALAMAZOO, MI VOR/DME ...... 2600 KALAMAZOO, MI VOR/DME ...... JACKSON, MI VOR/DME ...... 2700 JACKSON, MI VOR/DME ...... SALEM, MI VORTAC ...... 3000 SALEM, MI VORTAC ...... U.S. CANADIAN BORDER ...... #*3000 *2400—MOCA U.S. CANADIAN BORDER ...... TRACE, OH FIX ...... *7000 *1900—MOCA TRACE, OH FIX ...... ERIE, PA VORTAC ...... *3000 *2200—MOCA
§ 95.6126 VOR Federal Airway V126 is Amended by Adding
GOSHEN, IN VORTAC ...... ILTON, IN FIX ...... *3000 *2400—MOCA
Is Amended to Delete
GOSHEN, IN VORTAC ...... BAGEL, IN FIX ...... 2700 BAGEL, IN FIX ...... EDGEE, OH FIX ...... *3000 *2400—MOCA EDGEE, OH FIX ...... WATERVILLE, OH VOR/DME ...... 3000 WATERVILLE, OH VOR/DME ...... DRYER, OH VOR/DME ...... 000 DRYER, OH VOR/DME ...... JEFFERSON, OH VOR/DME ...... 3000 JEFFERSON, OH VOR/DME ...... ERIE, PA VORTAC ...... 2700
§ 95.6133 VOR Federal Airway V133 is Amended to Delete
ZANESVILLE, OH VOR/DME ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... MANSFIELD, OH VORTAC ...... 3000 SALEM, MI VORTAC ...... SAGINAW, MI VOR/DME ...... 3000
§ 95.6144 VOR Federal Airway V144 is Amended to Read in Part
*BEALL, OH FIX ...... *MORGANTOWN, WV VORTAC ...... 4000 *4600—MCA MORGANTOWN, WV VORTAC, SE BND
§ 95.6157 VOR Federal Airway V157 is Amended to Read in Part
*LOTTS, GA FIX ...... ALLENDALE, SC VOR ...... **9000 *6000—MRA **1800—MOCA **2000—GNSS MEA
§ 95.6159 VOR Federal Airway V159 is Amended to Read in Part
VIRGINIA KEY, FL ...... VOR/DME *NITNY, FL FIX ...... 2100 *3000—MCA NITNY, FL FIX, N BND
§ 95.6170 VOR Federal Airway V170 is Amended to Delete
ERIE, PA VORTAC ...... BRADFORD, PA VOR/DME ...... *5000
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
*3900—MOCA
§ 95.6176 VOR Federal Airway V176 is Amended to Delete
CARLETON, MI VOR/DME ...... U.S. CANADIAN BORDER ...... *3000 *2100—MOCA
§ 95.6188 VOR Federal Airway V188 is Amended to Delete
CARLETON, MI VOR/DME ...... U.S. CANADIAN BORDER ...... *3000 *2100—MOCA U.S. CANADIAN BORDER ...... FAILS, OH FIX ...... *4000 *1800—MOCA *2300—GNSS MEA FAILS, OH FIX ...... WONOP, OH FIX ...... *3000 *2000—MOCA WONOP, OH FIX ...... CLERI, OH FIX ...... *3000 *2200—MOCA CLERI, OH FIX ...... JEFFERSON, OH VOR/DME ...... *3000 *2400—MOCA JEFFERSON, OH VOR/DME ...... TIDIOUTE, PA VORTAC ...... 3500
§ 95.6210 VOR Federal Airway V210 is Amended to Delete
ROSEWOOD, OH VORTAC ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... BRIGGS, OH VOR/DME ...... 3000 BRIGGS, OH VOR/DME ...... SEING, OH FIX ...... 3000 SEING, OH FIX ...... CAPEL, OH FIX ...... 3600 CAPEL, OH FIX ...... VOLAN, PA FIX ...... *3600 *2800—MOCA VOLAN, PA FIX ...... TALLS, PA FIX ...... *5000 *3200—MOCA *3300—GNSS MEA TALLS, PA FIX ...... REVLOC, PA VOR/DME ...... 4100
§ 95.6221 VOR Federal Airway V221 is Amended by Adding
FORT WAYNE, IN VORTAC ...... ILTON, IN FIX ...... 3000
Is Amended to Delete
FORT WAYNE, IN VORTAC ...... GAREN, IN FIX ...... 2600 GAREN, IN FIX ...... LITCHFIELD, MI VOR/DME ...... 3000 LITCHFIELD, MI VOR/DME ...... JACKSON, MI VOR/DME ...... *3000 *2500—MOCA JACKSON, MI VOR/DME ...... SALEM, MI VORTAC ...... 3000 SALEM, MI VORTAC ...... DELOW, MI FIX ...... 3000 DELOW, MI FIX ...... U.S. CANADIAN BORDER ...... *4000 *2800—MOCA U.S. CANADIAN BORDER ...... ERIE, PA VORTAC ...... #3000 #FOR THAT AIRSPACE OVER U.S. TERRITORY.
§ 95.6232 VOR Federal Airway V232 is Amended to Delete
CHARDON, OH VOR/DME ...... FRANKLIN, PA VOR ...... 3300 MAA— 15000 FRANKLIN, PA VOR ...... COOBE, PA FIX ...... 3500 COOBE, PA FIX ...... KEATING, PA VORTAC ...... 4000
§ 95.6233 VOR Federal Airway V233 is Amended to Delete
LITCHFIELD, MI VOR/DME ...... LANSING, MI VORTAC ...... 3000 LANSING, MI VORTAC ...... MOUNT PLEASANT, MI VOR/DME ...... 3000
§ 95.6275 VOR Federal Airway V275 is Amended to Read in Part
DAYTON, OH VOR/DME ...... KLOEE, OH FIX ...... *6000 *2500—MOCA
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
§ 95.6297 VOR Federal Airway V297 is Amended to Delete
JOHNSTOWN, PA VOR/DME ...... TALLS, PA FIX ...... 4400 TALLS, PA FIX ...... VOLAN, PA FIX ...... *5000 *3200—MOCA *3300—GNSS MEA VOLAN, PA FIX ...... CAPEL, OH FIX ...... *3600 *2800—MOCA CAPEL, OH FIX ...... AKRON, OH VOR/DME ...... 3600 AKRON, OH VOR/DME ...... U.S. CANADIAN BORDER ...... *6000 *3000—MOCA
§ 95.6353 VOR Federal Airway V353 is Amended to Delete
JACKSON, MI VOR/DME ...... FLINT, MI VORTAC ...... 2800
§ 95.6383 VOR Federal Airway V383 is Amended to Delete
ROSEWOOD, OH VORTAC ...... YOGGI, OH FIX ...... 3100 YOGGI, OH FIX ...... *CHOOT, OH FIX ...... **6500 *6500—MRA **3100—MOCA *CHOOT, OH FIX ...... DETROIT, MI VOR/DME ...... 3100 *6500—MRA
§ 95.6396 VOR Federal Airway V396 is Amended to Delete
U.S. CANADIAN BORDER ...... CHARDON, OH VOR/DME ...... *8000 *2700—MOCA
§ 95.6406 VOR Federal Airway V406 is Amended to Delete
SALEM, MI VORTAC ...... U.S. CANADIAN BORDER ...... *4000 *2700—MOCA
§ 95.6416 VOR Federal Airway V416 is Amended to Delete
ROSEWOOD, OH VORTAC ...... *LAWTO, OH FIX ...... **4000 *4000—MRA **2500—MOCA *LAWTO, OH FIX ...... MANSFIELD, OH VORTAC ...... **4000 *4000—MRA **2500—MOCA MANSFIELD, OH VORTAC ...... JAKEE, OH FIX ...... 3000
§ 95.6418 VOR Federal Airway V418 is Amended to Delete
SALEM, MI VORTAC ...... BEWEL, OH FIX ...... #*4000 *2700—MOCA #FOR THAT AIRSPACE OVER U.S. TERRITORY. BEWEL, OH FIX ...... JAMESTOWN, NY VOR/DME ...... *4000 *3300—MOCA
§ 95.6426 VOR Federal Airway V426 is Amended to Delete
CARLETON, MI VOR/DME ...... SALFE, OH FIX ...... *4000 *3000—GNSS MEA SALFE, OH FIX ...... AMRST, OH FIX. AMRST, OH FIX ...... DRYER, OH VOR/DME ...... *3000 *2200—MOCA
§ 95.6435 VOR Federal Airway V435 is Amended to Delete
ROSEWOOD, OH VORTAC ...... OBRLN, OH FIX ...... *6000 *2700—MOCA OBRLN, OH FIX ...... DRYER, OH VOR/DME ...... *3500 *2500—MOCA
§ 95.6443 VOR Federal Airway V443 is Amended to Delete
WISKE, WV FIX ...... NEWCOMERSTOWN, OH VOR/DME ...... 3300 NEWCOMERSTOWN, OH VOR/DME ...... TIVERTON, OH VOR/DME ...... 3000
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
TIVERTON, OH VOR/DME ...... DRYER, OH VOR/DME ...... 3000 DRYER, OH VOR/DME ...... FAILS, OH FIX ...... 2500 FAILS, OH FIX ...... U.S. CANADIAN BORDER ...... *3000 *1700—MOCA
§ 95.6450 VOR Federal Airway V450 is Amended to Delete
FLINT, MI VORTAC ...... KATTY, MI FIX ...... 3000 KATTY, MI FIX ...... U.S. CANADIAN BORDER ...... *4000 *2800—MOCA
§ 95.6464 VOR Federal Airway V464 is Amended to Delete
SALEM, MI VORTAC ...... U.S. CANADIAN BORDER ...... 3000
§ 95.6467 VOR Federal Airway V467 is Amended to Delete
RICHMOND, IN VORTAC ...... WATERVILLE, OH VOR/DME ...... *10000 *3000—MOCA WATERVILLE, OH VOR/DME ...... DETROIT, MI VOR/DME ...... *3000 *2100—MOCA
§ 95.6486 VOR Federal Airway V486 is Amended to Delete
LEBRN, OH FIX ...... CHARDON, OH VOR/DME ...... 3000 CHARDON, OH VOR/DME ...... ALLCO, PA FIX ...... 3300 ALLCO, PA FIX ...... JAMESTOWN, NY VOR/DME ...... *3700 *3200—MOCA
§ 95.6493 VOR Federal Airway V493 is Amended to Delete
APPLETON, OH VORTAC ...... DUSKY, OH FIX ...... 3000 DUSKY, OH FIX ...... WATERVILLE, OH VOR/DME ...... 2600 WATERVILLE, OH VOR/DME ...... CARLETON, MI VOR/DME ...... *3000 *2200—MOCA
§ 95.6522 VOR Federal Airway V522 is Amended to Delete
DRYER, OH VOR/DME ...... FAILS, OH FIX ...... 2500
§ 95.6523 VOR Federal Airway V523 is Amended to Delete
APPLETON, OH VORTAC ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... AKRON, OH VOR/DME ...... 3000 AKRON, OH VOR/DME ...... YOUNGSTOWN, OH VORTAC ...... 3000 YOUNGSTOWN, OH VORTAC ...... ERIE, PA VORTAC ...... *5000 *3000—GNSS MEA
§ 95.6525 VOR Federal Airway V525 is Amended to Delete
APPLETON, OH VORTAC ...... TIVERTON, OH VOR/DME ...... 3000 TIVERTON, OH VOR/DME ...... DRYER, OH VOR/DME ...... 3000
§ 95.6534 VOR Federal Airway V534 is Amended to Read in Part
SCRAN, AR FIX ...... FORT SMITH, AR VORTAC. W BND ...... *3500 E BND ...... *4500 *3000—MOCA
§ 95.6542 VOR Federal Airway V542 is Amended to Delete
ROSEWOOD, OH VORTAC ...... *LAWTO, OH FIX ...... 4000 *4000—MRA *LAWTO, OH FIX ...... MANSFIELD, OH VORTAC ...... **4000 *4000—MRA **2500—MOCA MANSFIELD, OH VORTAC ...... AKRON, OH VOR/DME ...... 3000 AKRON, OH VOR/DME ...... YOUNGSTOWN, OH VORTAC ...... *3000 *2600—MOCA YOUNGSTOWN, OH VORTAC ...... HAGAR, PA FIX ...... 3000
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINT—Continued [Amendment 539 effective date May 24, 2018]
FROM TO MEA
HAGAR, PA FIX ...... TIDIOUTE, PA VORTAC ...... 3600
§ 95.6573 VOR Federal Airway V573 is Amended to Read in Part
ELMMO, AR FIX ...... MARKI, AR FIX ...... *5500 *2600—MOCA MARKI, AR FIX ...... HOT SPRINGS, AR VOR/DME. NE BND ...... *3500 SW BND ...... *5500 *2700—MOCA
§ 95.6584 VOR Federal Airway V584 is Amended to Delete
WATERVILLE, OH VOR/DME ...... DRYER, OH VOR/DME ...... *3000 *2200—MOCA
§ 95.6319 Alaska VOR Federal Airway V319 is Amended to Read in Part
JOHNSTONE POINT, AK VOR/DME ...... EDELE, AK FIX. E BND ...... 4400 W BND ...... 10000 SNRIS, AK FIX ...... *ANCHORAGE, AK VOR/DME. W BND ...... 8200 E BND ...... 10000 *8000—MCA ANCHORAGE, AK VOR/DME, E BND
§ 95.6322 Alaska VOR Federal Airway V322 is Amended to Read in Part
KING SALMON, AK VORTAC ...... KONIC, AK FIX. W BND ...... 5000 E BND ...... 9000 AIRWAY SEGMENT CHANGEOVER POINTS FROM TO DISTANCE FROM
§ 95.8003 VOR Federal Airway Changeover Point is Amended to Delete Changeover Point
APPLETON, OH VORTAC ...... MANSFIELD, OH VORTAC ...... 28 APPLETON.
V6 is Amended to Delete Changeover Point
DRYER, OH VOR/DME ...... YOUNGSTOWN, OH VORTAC ...... 39 DRYER. YOUNGSTOWN, OH VORTAC ...... CLARION, PA VOR/DME ...... 20 YOUNGSTOWN.
V467 is Amended to Delete Changeover Point
RICHMOND, IN VORTAC ...... WATERVILLE, OH VOR/DME ...... 56 RICHMOND.
V542 is Amended to Delete Changeover Point
YOUNGSTOWN, OH VORTAC ...... TIDIOUTE, PA VORTAC ...... 21 YOUNGSTOWN.
[FR Doc. 2018–08837 Filed 4–26–18; 8:45 am] DEPARTMENT OF THE INTERIOR ACTION: Final rule; approval of BILLING CODE 4910–13–P amendment. Office of Surface Mining Reclamation and Enforcement SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 30 CFR Part 901 (OSMRE), are approving an amendment to the Alabama regulatory program [SATS No. AL–078–FOR; Docket ID: (Alabama program) under the Surface OSMRE–2015–0005; S1D1S SS08011000 Mining Control and Reclamation Act of SX064A000 178S180110; S2D2S 1977 (SMCRA or the Act). Alabama SS08011000 SX064A000 17XS501520] proposed revisions clarifying that the Alabama Regulatory Program venue for appeals of Alabama Surface Mining Commission decisions resides in AGENCY: Office of Surface Mining the Circuit Court of the county in which Reclamation and Enforcement, Interior. the agency maintains its principal
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office. Alabama is revising its program Comments section of part IV. Summary of final decisions. Two of the to be no less effective than the Federal and Disposition of Comments. commenters cited section 520(c)(1) as regulations and to improve operational support for this comment. That III. OSMRE’s Findings efficiency. provision states that citizen suits ‘‘may DATES: The effective date is May 29, We are approving the amendment as be brought only in the judicial district 2018. described below. The following are the in which the surface coal mining findings we made concerning Alabama’s operation complained of is located.’’ 30 FOR FURTHER INFORMATION CONTACT: Bill amendment under SMCRA and the U.S.C. 1270(c)(1). Joseph, Acting Director, Birmingham Federal regulations at 30 CFR 732.15 Contrary to the commenters’ Field Office, Office of Surface Mining and 732.17. Any revisions that we do assertion, this change to Alabama’s Reclamation and Enforcement, 135 not specifically discuss below program does not violate section Gemini Circle, Suite 215, Homewood, concerning non-substantive wording or 520(c)(1) of SMCRA. Even with the AL 35209. Telephone: (918) 5814–6431 editorial changes can be found in the program amendment, citizen suits may ext. 230. Email: [email protected]. full text of the program amendment still be filed by any person having an SUPPLEMENTARY INFORMATION: available at www.regulations.gov. interest in the judicial district in which I. Background on the Alabama Program the surface coal mining operation II. Submission of the Amendment 1. Code of Alabama Section 9–16–79 III. OSMRE’s Findings Hearing and Appeals complained of is located. Final IV. Summary and Disposition of Comments decisions of the ASMC cannot be the V. OSMRE’s Decision Alabama added new language subject of citizen suits. Instead, VI. Procedural Determinations clarifying that procedures for the challenges to final decisions of the Alabama Surface Mining Commission ASMC are challenged under the I. Background on the Alabama Program are governed by this section of the Alabama counterpart to section 526 of Section 503(a) of the Act permits a Alabama Code because the Alabama SMCRA. In contrast to section 520(c)(1), State to assume primacy for the Surface Mining Commission (ASMC) is section 526(e) of SMCRA provides that regulation of surface coal mining and within the jurisdiction of the Alabama an ‘‘[a]ction of the State regulatory reclamation operations on non-Federal Surface Mining Act and the procedures authority pursuant to an approved State and non-Indian lands within its borders for hearings and appeals may be no less program shall be subject to judicial by demonstrating that its program effective than the Federal counterpart. review by a court of competent includes, among other things, State laws This clarification is necessary to jurisdiction in accordance with State and regulations that govern surface coal distinguish this article of the code from law.’’ Section 526(e) also makes clear mining and reclamation operations in other sections of the Alabama Code that that its judicial review provisions do not accordance with the Act and consistent are exclusively governed by the extend to citizen suits under section with the Federal regulations. See 30 Alabama Administrative Procedure Act 520. 30 U.S.C. 1276(e) (‘‘the availability U.S.C. 1253(a)(1) and (7). On the basis and have no impact upon the of such review shall not be construed to of these criteria, the Secretary of the implementation of the Alabama Surface limit the operation of the rights Interior conditionally approved the Mining Act. established in section 520 except as Alabama program effective May 20, We find that Alabama’s clarification provided therein.’’). Because the county 1982. You can find background does not make its rules or regulations in which the ASMC maintains its information on the Alabama program, less effective than, or inconsistent with, principal office is a court of competent including the Secretary’s findings, the the Federal requirements. Therefore, we jurisdiction in Alabama, it is not disposition of comments, and the are approving Alabama’s revision. inconsistent with SMCRA for Alabama conditions of approval of the Alabama 2. Code of Alabama Section 9–16–79 to specify that all actions challenging its program in the May 20, 1982, Federal Hearing and Appeals; Procedures (4)b. decisions must be brought there. Register (47 FR 22030). You can also Second, the commenters alleged that find later actions concerning the Alabama made edits and added new requiring judicial review of ASMC final Alabama program and program language to this paragraph clarifying decisions in the circuit court of the amendments at 30 CFR 901.10, 901.15 that the venue for appeals of Alabama county in which the commission and 901.16. Surface Mining Commission decisions maintains its principal office would resides in the Circuit Court of the unfairly limit the rights of citizens, II. Submission of the Amendment county in which the agency maintains would be difficult and expensive for By letter dated June 12, 2015 its principal office. citizens, and would provide for (Administrative Record No. AL–0666), We find that Alabama’s edits and potential bias based upon industry and Alabama sent us an amendment to its clarifications do not make its rules politics. program under SMCRA (30 U.S.C. 1201 inconsistent with the requirements of We understand the citizens’ concerns, et seq.) at its own initiative. SMCRA section 526(e). Therefore, we but we do not find that they make the We announced receipt of the are approving Alabama’s revisions. Alabama program inconsistent with proposed amendment in the October 5, IV. Summary and Disposition of SMCRA. For example, on the federal 2015, Federal Register (80 FR 60107). In Comments level, when a citizen brings a lawsuit in the same document, we opened the the ‘‘judicial district in which the public comment period and provided an Public Comments surface coal mining operation opportunity for a public hearing or We asked for public comments on the complained of is located,’’ the judicial meeting on the adequacy of the amendment. As noted in Section II, we district may be made up of multiple amendment. We did not hold a public received four comments, which counties or even an entire state. Even in hearing or meeting because no one generally focused on two issues. The these situations, the litigation often requested one. The public comment comments received are discussed below. occurs in a county that is different than period ended on November 4, 2015. We First, the commenters alleged that the the county where either the citizen received four public comments proposed program amendment violates resides or the surface coal mining (Administrative Record No. AL–0666– the venue-provisions of SMCRA as they operation is located. Therefore, it is not 03) that are addressed in the Public relate to actions seeking judicial review inconsistent with SMCRA that the
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venue is located away from the citizen’s the provisions of the Act and meeting its forth in SMCRA. See, e.g., 30 U.S.C. county or residence or the location of purposes. SMCRA requires consistency 1201(f). As such, pursuant to section the surface coal mining operation. of State and Federal standards. 503(a)(1) an (7) (30 U.S.C. 1253(a)(1) Because our role is solely to determine VI. Procedural Determinations and (7)), OSMRE reviewed the program whether Alabama’s proposed amendment to ensure that it is ‘‘in amendment is consistent with Executive Order 12630—Takings accordance with’’ the requirements of SMCRA—and it is—we have no basis to This rulemaking does not have SMCRA and is ‘‘consistent with’’ the disapprove the amendment based on the takings implications. This regulations issued by the Secretary concerns raised by the commenters. determination is based on the analysis pursuant to SMCRA. performed for the counterpart Federal Federal Agency Comments Executive Order 13175—Consultation regulation. On June 26, 2015, under 30 CFR and Coordination With Indian Tribal 732.17(h)(11)(i) and section 503(b) of Executive Order 12866—Regulatory Governments SMCRA, we requested comments on the Planning and Review In accordance with Executive Order amendment from various Federal Pursuant to Office of Management and 13175, we have evaluated the potential agencies with an actual or potential Budget (OMB) Guidance dated October effects of this rulemaking on federally interest in the Alabama program 12, 1993, the approval of state program (Administrative Record No. AL–0666– amendments is exempted from OMB recognized Indian tribes and have 03). We did not receive any comments. review under Executive Order 12866. determined that the rulemaking does not have substantial direct effects on Environmental Protection Agency (EPA) Executive Order 12988—Civil Justice one or more Indian tribes, on the Concurrence and Comments Reform relationship between the Federal Under 30 CFR 732.17(h)(11)(ii), we The Department of the Interior has Government and Indian tribes, or on the are required to get a written concurrence reviewed this rule as required by section distribution of power and from EPA for those provisions of the 3(a) of Executive Order 12988. The responsibilities between the Federal program amendment that relate to air or Department determined that this Government and Indian tribes. The basis water quality standards issued under Federal Register notice meets the for this determination is that our the authority of the Clean Water Act (33 criteria of Section 3 of Executive Order decision is on a State regulatory U.S.C. 1251 et seq.) or the Clean Air Act 12988, which is intended to ensure that program and does not involve Federal (42 U.S.C. 7401 et seq.). None of the the agency reviews its legislation and regulations involving Indian lands. revisions that Alabama proposed to proposed regulations to eliminate make in this amendment pertain to air drafting errors and ambiguity; that the Executive Order 13211—Regulations or water quality standards. Therefore, agency write its legislation and That Significantly Affect the Supply, we did not ask EPA to concur on the regulations to minimize litigation; and Distribution, or Use of Energy amendment. However, on June 26, 2015, that the agency’s legislation and Executive Order 13211 of May 18, under 30 CFR 732.17(h)(11)(i), we regulations provide a clear legal 2001, requires agencies to prepare a requested comments from the EPA on standard for affected conduct rather Statement of Energy Effects for a the amendment (Administrative Record than a general standard, and promote rulemaking that is (1) considered No. AL–0666–03). The EPA did not simplification and burden reduction. respond to our request. Because Section 3 focuses on the quality significant under Executive Order of Federal legislation and regulations, 12866, and (2) likely to have a State Historical Preservation Officer the Department limited its review under significant adverse effect on the supply, (SHPO) and the Advisory Council on this Executive Order to the quality of distribution, or use of energy. Because Historic Preservation (ACHP) this Federal Register notice and to this rulemaking is exempt from review Under 30 CFR 732.17(h)(4), we are changes to the Federal regulations. The under Executive Order 12866 and is not required to request comments from the review under this Executive Order did expected to have a significant adverse SHPO and ACHP on amendments that not extend to the language of the State effect on the supply, distribution, or use may have an effect on historic regulatory program or to the program of energy, a Statement of Energy Effects properties. On June 26, 2016, we amendment that the State of Alabama is not required. requested comments on Alabama’s drafted. National Environmental Policy Act amendment (Administrative Record No. Executive Order 13132—Federalism AL–0666–03), but neither the SHPO nor This rulemaking does not require an the ACHP responded to our request. This rule is not a ‘‘[p]olicy that [has] environmental impact statement Federalism implications’’ as defined by because section 702(d) of SMCRA (30 V. OSMRE’s Decision section 1(a) of Executive Order 13132 U.S.C. 1292(d)) provides that agency Based on the above findings, we because it does not have ‘‘substantial decisions on proposed State regulatory approve the amendment Alabama sent direct effects on the States, on the program provisions do not constitute us on June 12, 2015 (Administrative relationship between the national major Federal actions within the Record No. AL–0666). government and the States, or on the To implement this decision, we are distribution of power and meaning of section 102(2)(C) of the amending the Federal regulations, at 30 responsibilities among the various National Environmental Policy Act (42 CFR part 901, that codify decisions levels of government.’’ Instead, this rule U.S.C. 4332(2)(C)). concerning the Alabama program. In approves an amendment to the Alabama Paperwork Reduction Act accordance with the Administrative program submitted and drafted by that Procedure Act, this rule will take effect State. OSMRE reviewed the submission This rulemaking does not contain 30 days after the date of publication. with fundamental federalism principles information collection requirements that Section 503(a) of SMCRA requires that in mind as set forth in sections 2 and require approval by OMB under the the State’s program demonstrate that the 3 of the Executive Order and with the Paperwork Reduction Act (44 U.S.C. State has the capability of carrying out principles of cooperative federalism set 3507 et seq.).
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Regulatory Flexibility Act cause a major increase in costs or prices the Federal regulation did not impose The Department of the Interior for consumers, individual industries, an unfunded mandate. Federal, State, or local government certifies that this rulemaking will not List of Subjects in 30 CFR Part 901 have a significant economic impact on agencies, or geographic regions; and (c) a substantial number of small entities Does not have significant adverse effects Intergovernmental relations, Surface under the Regulatory Flexibility Act (5 on competition, employment, mining, Underground mining. investment, productivity, innovation, or U.S.C. 601 et seq.). The State submittal, Dated: April 3, 2018. which is the subject of this rulemaking, the ability of U.S.-based enterprises to compete with foreign-based enterprises. Alfred L. Clayborne, is based upon counterpart Federal Regional Director, Mid-Continent Region. regulations for which an economic This determination is based upon the analysis was prepared and certification fact that the State submittal, which is For the reasons set out in the made that such regulations would not the subject of this rulemaking, is based preamble, 30 CFR part 901 is amended have a significant economic effect upon upon counterpart Federal regulations for as set forth below: a substantial number of small entities. which an analysis was prepared and a In making the determination as to determination made that the Federal PART 901—ALABAMA whether this rulemaking would have a regulation was not considered a major significant economic impact, the rule. ■ 1. The authority citation for part 901 Department relied upon the data and Unfunded Mandates continues to read as follows: assumptions for the counterpart Federal Authority: 30 U.S.C. 1201 et seq. regulations. This rulemaking will not impose an unfunded mandate on State, local, or ■ 2. Section 901.15 is amended in the Small Business Regulatory Enforcement tribal governments or the private sector Fairness Act table by adding an entry FOR of $100 million or more in any given ‘‘ASMCRA 9–16–79 and 9–16–79(4)b’’ This rulemaking is not a major rule year. This determination is based upon in chronological order by ‘‘Date of final under 5 U.S.C. 804(2), the Small the fact that the State submittal, which publication’’ to read as follows: Business Regulatory Enforcement is the subject of this rulemaking, is Fairness Act. This rulemaking: (a) Does based upon counterpart Federal § 901.15 Approval of Alabama regulatory not have an annual effect on the regulations for which an analysis was program amendments. economy of $100 million; (b) Will not prepared and a determination made that * * * * *
Original amendment submission date Date of final publication Citation/description
******* June 12, 2015 ...... April 27, 2018 ASMCRA 9–16–79 and 9–16–79(4)b.
[FR Doc. 2018–08935 Filed 4–26–18; 8:45 am] DATES: This rule is effective May 29, Grounds; Galveston Harbor, Bolivar BILLING CODE 4310–05–P 2018. Roads Channel, Galveston, Texas (82 FR ADDRESSES: To view documents 38643). There we stated why we issued mentioned in this preamble as being the NPRM, and invited comments on available in the docket, go to http:// our proposed regulatory action related DEPARTMENT OF HOMELAND to this Anchorage Area. During the SECURITY www.regulations.gov, type USCG–2015– 0549 in the ‘‘SEARCH’’ box and click comment period that ended, October 16, 2017, we received no comments. Coast Guard ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this III. Legal Authority and Need for Rule rule. 33 CFR Part 110 The legal basis and authorities for this FOR FURTHER INFORMATION CONTACT: If rule are found in 33 U.S.C. 471, 1221 [Docket Number USCG–2015–0549] you have questions on this rule, call or through 1236; 33 CFR 1.05–1, email Lieutenant Commander (LCDR) Department of Homeland Security RIN 1625–AA01 Navin Griffin, Sector Houston- Delegation No. 0170.1, which Galveston, U.S. Coast Guard; telephone Anchorage Grounds; Galveston collectively authorize the Coast Guard (281) 464–4736, email Navin.L.Griffin@ to propose, establish, and define Harbor, Bolivar Roads Channel, uscg.mil. Galveston, Texas regulatory anchorages. SUPPLEMENTARY INFORMATION: After extensive discussion, including AGENCY: Coast Guard, DHS. I. Table of Abbreviations the observations of and comments from ACTION: Final rule. various members of the port CFR Code of Federal Regulations community, the Coast Guard has SUMMARY: The Coast Guard is DHS Department of Homeland Security determined that the establishment of establishing a new anchorage area, FR Federal Register Anchorage Area (A) East in the Bolivar NPRM Notice of proposed rulemaking Anchorage Area Alpha (A) East in § Section Roads area is necessary to address port Bolivar Roads near Galveston, Texas. U.S.C. United States Code security, port congestion, and The establishment of this additional navigation safety concerns. The anchorage area would enhance II. Background Information and proposed anchorage area was once an navigational safety, support regional Regulatory History area utilized for spoils from dredging maritime security needs, and contribute On August 15, 2017, the Coast Guard and is equipped to safely receive deep to the free flow of commerce in the published a notice of proposed draft vessels. This proposed anchorage Houston-Galveston area. rulemaking (NPRM) titled Anchorage is primarily intended as an overflow
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anchorage for vessels that are awaiting V. Regulatory Analyses location is in an area not routinely an exam or inspection. We are We developed this rule after transited by vessels heading to, or amending 33 CFR 110.197 to establish considering numerous statutes and returning from, known fishing grounds. Anchorage Area (A) East in order to Executive orders related to rulemaking. Finally, the anchorage is located in an increase the safety of life and property Below we summarize our analyses area that is not currently used by small entities, including small vessels, for on navigable waters, improve the safety based on a number of these statutes and anchoring due to the depth of water of vessels operating, transiting, or Executive orders, and we discuss First naturally present in the area. anchored and moored in the vicinity, Amendment rights of protestors. and provide for the overall safe and Under section 213(a) of the Small efficient flow of vessel traffic and A. Regulatory Planning and Review Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), commerce in the area. Executive Orders 12866 and 13563 we want to assist small entities in The Coast Guard has ascertained the direct agencies to assess the costs and understanding this rule. If the rule view of the Galveston, TX District and benefits of available regulatory would affect your small business, Division Engineer, Corps of Engineers, alternatives and, if regulation is organization, or governmental U.S. Army, about the specific provisions necessary, to select regulatory jurisdiction and you have questions of this rule. approaches that maximize net benefits. concerning its provisions or options for Executive Order 13771 directs agencies IV. Discussion of Comments, Changes, compliance, please contact the person to control regulatory costs through a and the Rule listed in the FOR FURTHER INFORMATION budgeting process. This rule has not CONTACT section. As noted above, we received no been designated a ‘‘significant Small businesses may send comments comments on our NPRM published regulatory action,’’ under Executive on the actions of Federal employees August 15, 2017. There are no changes Order 12866. Accordingly, this rule has who enforce, or otherwise determine in the regulatory text of this rule from not been reviewed by the Office of compliance with, Federal regulations to the proposed rule in the NPRM. Management and Budget (OMB), and the Small Business and Agriculture This rule establishes a new anchorage pursuant to OMB guidance it is exempt Regulatory Enforcement Ombudsman Area known as Anchorage Area Alpha from the requirements of Executive and the Regional Small Business (A) East. This anchorage area is located Order 13771. Regulatory Fairness Boards. The in the Galveston Harbor and Bolivar This regulatory action determination Ombudsman evaluates these actions Roads Channel, TX, just east and is based on the location and size of the annually and rates each agency’s adjacent to established Anchorage Area proposed anchorage grounds, as well as, responsiveness to small business. If you (A) in 33 CFR 110.197(a)(1). The historical automatic identification wish to comment on actions by boundaries of Anchorage Area Alpha system (AIS) data. The impacts on employees of the Coast Guard, call 1– (A) East are presented in § 110.197(a)(4) routine navigation are expected to be 888–REG–FAIR (1–888–734–3247). The in the regulatory text at the end of this minimal because the proposed Coast Guard will not retaliate against document. The anchorage area is anchorage area is located outside of the small entities that question or complain approximately 0.19 square miles. established navigation channel. When about this rule or any policy or action not occupied, vessels would be able to of the Coast Guard. Anchorage Area (A) East is intended maneuver in, around, and through the for temporary use by vessels of all types. anchorage. Operators on our end C. Collection of Information Vessels will be allowed to occupy the maneuvering their vessels around the This rule will not call for a new anchorage areas during a wide range of limits of the proposed anchorage area collection of information under the conditions and for a broad variety of would not be significantly impacted. Paperwork Reduction Act of 1995 (44 purposes. For example, vessels would U.S.C. 3501–3520). be allowed to anchor temporarily while B. Impact on Small Entities taking on stores, transferring personnel, The Regulatory Flexibility Act of D. Federalism and Indian Tribal or engaging in bunkering operations. 1980, 5 U.S.C. 601–612, as amended, Governments Vessels would also be allowed to use requires Federal agencies to consider A rule has implications for federalism anchorage areas while awaiting weather the potential impact of regulations on under Executive Order 13132, and other conditions favorable to small entities during rulemaking. The Federalism, if it has a substantial direct resuming their voyage. However, it is to term ‘‘small entities’’ comprises small effect on the States, on the relationship be emphasized that this anchorage is businesses, not-for-profit organizations between the national government and primarily intended as an overflow that are independently owned and the States, or on the distribution of anchorage for vessels that are awaiting operated and are not dominant in their power and responsibilities among the an exam or inspection. Vessels would fields, and governmental jurisdictions various levels of government. We have not be allowed to anchor so as to with populations of less than 50,000. analyzed this rule under that Order and obstruct the passage of other vessels The Coast Guard received 00 comments have determined that it is consistent proceeding to and from anchorage from the Small Business Administration with the fundamental federalism spaces. Anchors would not be placed in on this rulemaking. The Coast Guard principles and preemption requirements the channel and no portion of the hull certifies under 5 U.S.C. 605(b) that this described in Executive Order 13132. or rigging would be allowed to extend rule will not have a significant Also, this rule does not have tribal outside the limits of the anchorage area. economic impact on a substantial implications under Executive Order Whenever the maritime or number of small entities. 13175, Consultation and Coordination commercial interests of the United The number of small entities with Indian Tribal Governments, States so require, the Captain of the Port impacted and the extent of the impact, because it does not have a substantial Houston-Galveston or his designated if any, is expected to be minimal. The direct effect on one or more Indian representative may direct the movement anchorage area is located in an area of tribes, on the relationship between the of any vessel anchored or moored Bolivar Roads that is not a popular or Federal Government and Indian tribes, within the anchorage areas. productive fishing location. Further, the or on the distribution of power and
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responsibilities between the Federal Authority: 33 U.S.C. 471, 1221 through ADDRESSES: You may submit comments Government and Indian tribes. If you 1236, 2071; 33 CFR 1.05–1; Department of identified by docket number USCG– believe this rule has implications for Homeland Security Delegation No. 0170.1. 2017–0857 using Federal eRulemaking federalism or Indian tribes, please ■ 2. In § 110.197, add paragraph (a)(4) to Portal at http://www.regulations.gov. contact the person listed in the FOR read as follows: See the ‘‘Public Participation and FURTHER INFORMATION CONTACT section. Request for Comments’’ portion of the § 110.197 Galveston Harbor, Bolivar Roads SUPPLEMENTARY INFORMATION section E. Unfunded Mandates Reform Act Channel, Texas. below for instructions on submitting (a) * * * comments. The Unfunded Mandates Reform Act (4) Anchorage Area (A) East. The of 1995 (2 U.S.C. 1531–1538) requires waters bounded by a line connecting the FOR FURTHER INFORMATION CONTACT: If Federal agencies to assess the effects of following points: you have questions on this test their discretionary regulatory actions. In deviation, call or email LT Allan Storm, particular, the Act addresses actions Latitude Longitude Sector Jacksonville, Waterways that may result in the expenditure by a Management Division, U.S. Coast State, local, or tribal government, in the 29°21′5.87″ N 094°42′52.7″ W Guard; telephone 904–714–7616, email aggregate, or by the private sector of 29°20′53.99″ N 094°42′7.13″ W [email protected]. 29°20′45.31″ N 094°42′37.75″ W $100,000,000 (adjusted for inflation) or SUPPLEMENTARY INFORMATION: more in any one year. Though this rule 29°20′39.16″ N 094°42′7.81″ W will not result in such an expenditure, I. Background, Purpose and Legal Basis we do discuss the effects of this rule and thence to the point of beginning. The Buffalo Bluff CSX Railroad Bridge elsewhere in this preamble. The coordinates are based on NAD 83. across the St. Johns River, mile 94.5, in * * * * * F. Environment Satsuma, Putnam County, FL is a Dated: April 23, 2018. bascule bridge. It has a vertical We have analyzed this rule under Paul F. Thomas, clearance of 7 feet at mean high water in the closed position and a horizontal Department of Homeland Security Rear Admiral, U.S. Coast Guard, Commander, Directive 023–01, which guides the Eighth Coast Guard District. clearance of 90 feet. The bridge is currently manned and maintained in the Coast Guard in complying with the [FR Doc. 2018–08873 Filed 4–26–18; 8:45 am] National Environmental Policy Act of open position. This test deviation would BILLING CODE 9110–04–P 1969 (42 U.S.C. 4321–4370f), and have provide for the bridge to be remotely determined that this action is one of a monitored and operated. Visual category of actions that do not DEPARTMENT OF HOMELAND monitoring of the waterway shall be individually or cumulatively have a SECURITY maintained with the use of cameras and significant effect on the human the detection of vessels under the span environment. This rule involves the Coast Guard shall be accomplished with detection establishment of a permanent anchorage sensors. Marine radio communication area in Bolivar Roads near Galveston, 33 CFR Part 117 shall be maintained with mariners near Texas. It is categorically excluded from the bridge for the safety of navigation. [Docket No. USCG–2017–0857] further review under paragraph L59(a) The remote tender may also be of Appendix A, Table 1 of DHS Drawbridge Operation Regulation; St. contacted via telephone at (386) 649– Instruction Manual 023–01–001–01, Johns River, Putnam County, FL 8358. The span is normally in the fully Rev. 01. A Record of Environmental open position and will display green Consideration supporting this AGENCY: Coast Guard, DHS. lights to indicate that the span is fully determination is available in the docket ACTION: Notice of temporary deviation open. When a train approaches, the where indicated under ADDRESSES. from regulations; request for comments. remote tender shall monitor for vessels approaching the bridge. The remote G. Protest Activities SUMMARY: The Coast Guard has issued a tender shall warn approaching vessels temporary deviation from the operating The Coast Guard respects the First via marine radio, channel 9 VHF of a schedule that governs the Buffalo Bluff Amendment rights of protesters. bridge lowering. Provided the sensors CSX Railroad Bridge across the St. Johns Protesters are asked to contact the do not detect a vessel under the span, River, mile 94.5, at Satsuma, Putnam person listed in the FOR FURTHER the tender shall initiate the span County, FL. This deviation will test a INFORMATION CONTACT section to lowering sequence, which includes the change to the drawbridge operation to coordinate protest activities so that your sounding of a horn and the displaying determine whether a permanent change message can be received without of red lights. The span will remain in from manned to remote operations is jeopardizing the safety or security of the down position for a minimum of feasible. This deviation will allow the people, places or vessels. eight minutes or for the entire time the bridge to operate remotely from the CSX approach track circuit is occupied. After List of Subjects in 33 CFR Part 110 Railroad Bridge on the Ortega River the train has cleared the bridge track (McGirts Creek) located at mile 1.1 on circuit, the span shall open and the Anchorage Grounds. the Ortega River. green lights will be displayed. This will For the reasons discussed in the DATES: This deviation is effective allow vessels to pass through the bridge preamble, the Coast Guard amends 33 without actual notice from April 27, while taking into account the reasonable CFR part 110 as follows: 2018 through 6 a.m. September 2, 2018. needs of other modes of transportation. For the purposes of enforcement, actual The Coast Guard will also inform the PART 110—ANCHORAGE notice will be used from April 23, 2018, users of the waterways through our REGULATIONS until April 27, 2018. Local and Broadcast Notices to Mariners Comments and related materials must of the change in operating schedule for ■ 1. The authority citation for part 110 reach the Coast Guard on or before the bridge so that vessel operators can continues to read as follows: August 14, 2018. arrange their transits to minimize any
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impact caused by the temporary DEPARTMENT OF HOMELAND October 9, 2018, from 7 a.m. to 7 p.m. deviation. SECURITY Monday through Saturday, the bridge In accordance with 33 CFR 117.35(e), will operate on single-leaf openings Coast Guard the drawbridge must return to its regular with a 6-hour advanced notice for a full operating schedule immediately at the opening. During non-working hours, the 33 CFR Part 117 bridge will operate per the normal end of the effective period of this [Docket No. USCG–2018–0356] bridge operating schedule. temporary deviation. This deviation The Atlantic Intracoastal Waterway is from the operating regulations is Drawbridge Operation Regulation; used by a variety of vessels including authorized under 33 CFR 117.35. Atlantic Intracoastal Waterway, Boca U.S. government vessels, small II. Public Participation and Request for Raton, FL commercial vessels, recreational vessels Comments and tugs and barge traffic. The Coast AGENCY: Coast Guard, DHS. Guard has carefully considered the We view public participation as ACTION: Notice of deviation from restrictions with waterway users in essential to effective rulemaking, and drawbridge regulation. publishing this temporary deviation. will consider all comments and material Vessels able to pass through the SUMMARY: The Coast Guard has issued a bridge in the closed position may do so received during the comment period. temporary deviation from the operating Your comment can help shape the at any time. The bridge will not be able schedule that governs the Camino Real to provide a full opening for outcome of this rulemaking. If you (Boca Club) Bridge across the Atlantic submit a comment, please include the emergencies and there is no immediate Intracoastal Waterway, mile 1048.2, at alternate route for vessels to pass. The docket number for this rulemaking, Boca Raton, FL. The deviation is indicate the specific section of this Coast Guard will also inform the users necessary to facilitate the bridge of the waterways through our Local and document to which each comment rehabilitation project. This deviation applies, and provide a reason for each Broadcast Notices to Mariners of the allows the bridge single-leaf operations change in operating schedule for the suggestion or recommendation. with advanced notice for a full bridge bridge so that vessel operators can We encourage you to submit opening. arrange their transits to minimize any comments through the Federal DATES: This deviation is effective impact caused by the temporary eRulemaking Portal at http:// without actual notice from April 27, deviation. www.regulations.gov. If your material 2018 through 7 p.m. on October 9, 2018. In accordance with 33 CFR 117.35(e), cannot be submitted using http:// For the purposes of enforcement, actual the drawbridge must return to its regular www.regulations.gov, contact the person notice will be used from 7 a.m. on April operating schedule immediately at the in the FOR FURTHER INFORMATION 23, 2018, until April 27, 2018. end of the effective period of this CONTACT section of this document for ADDRESSES: The docket for this temporary deviation. This deviation alternate instructions. deviation, USCG–2018–0356 is available from the operating regulations is authorized under 33 CFR 117.35. We accept anonymous comments. All at http://www.regulations.gov. Type the comments received will be posted docket number in the ‘‘SEARCH’’ box Dated: April 23, 2018. and click ‘‘SEARCH’’. Click on Open without change to http:// Barry L. Dragon, Docket Folder on the line associated www.regulations.gov and will include Director, Bridge Branch, Seventh Coast Guard with this deviation. any personal information you have District. FOR FURTHER INFORMATION CONTACT: provided. For more about privacy and If [FR Doc. 2018–08867 Filed 4–26–18; 8:45 am] you have questions on this temporary the docket, visit http:// BILLING CODE 9110–04–P deviation, call or email LT Ruth www.regulations.gov/privacynotice. Sadowitz, U.S. Coast Guard Sector Documents mentioned in this notice Miami, Waterways Management DEPARTMENT OF HOMELAND as being available in this docket and all Division; telephone 305–535–4307, SECURITY public comments, will be in our online email [email protected]. docket at http://www.regulations.gov SUPPLEMENTARY INFORMATION: Kiewit Coast Guard and can be viewed by following that Infrastructure South Co., on behalf of website’s instructions. Additionally, if the bridge owner, Palm Beach County, 33 CFR Part 165 you go to the online docket and sign up has requested a temporary deviation [Docket Number USCG–2018–0198] for email alerts, you will be notified from the current operating regulation when comments are posted or a final that governs the Camino Real (Boca RIN 1625–AA00 Club) Bridge across the Atlantic rule is published. Safety Zones; Recurring Safety Zones Intracoastal Waterway, mile 1048.2, at Dated: April 23, 2018. in Captain of the Port Sault Sainte Boca Raton, FL. The deviation is Marie Zone Barry L. Dragon, necessary to facilitate the bridge Director, Bridge Branch, Seventh Coast Guard rehabilitation project. The existing AGENCY: Coast Guard, DHS. District. bridge is a double-leaf bascule bridge ACTION: Final rule. [FR Doc. 2018–08866 Filed 4–26–18; 8:45 am] with a vertical clearance of 10 feet at BILLING CODE 9110–04–P mean high water in the closed to SUMMARY: The Coast Guard is updating navigation position and a horizontal its recurring safety zones regulations in clearance of 83 feet between the fender the Captain of the Port Sault Sainte system. Marie Zone. This rule updates eighteen The existing bridge operating safety zone locations, dates, and sizes, regulation is set out in 33 CFR adds three safety zones, removes two 117.261(aa–1). Under this temporary established safety zones, and reformats deviation, on April 23, 2018 through the regulations into an easier to read
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table format. These amendments will III. Legal Authority and Need for Rule zones (Marquette Fourth of July protect spectators, participants, and The Coast Guard is issuing this rule Celebration Fireworks, Munising Fourth vessels from the hazards associated with under authority in 33 U.S.C. 1231; 50 of July Celebration Fireworks, Sault annual marine events and firework U.S.C. 191; 33 CFR 1.05–1, 6.04–1, Sainte Marie Fourth of July Celebration shows, and improve the clarity and 6.04–6, and 160.5; Department of Fireworks, Mackinac Island Fourth of readability of the regulation. Homeland Security Delegation No. July Celebration Fireworks, Harbor DATES: This rule is effective May 29, 0170.1. Springs Fourth of July Celebration 2018. The Captain of the Port Sault Sainte Fireworks, Bay Harbor Yacht Club ADDRESSES: To view documents Marie (COTP) has determined that an Fourth of July Celebration Fireworks, mentioned in this preamble as being amendment to the recurring safety zones Petoskey Fourth of July Celebration available in the docket, go to http:// list as published in 33 CFR 165.918 is Fireworks, Boyne City Fourth of July www.regulations.gov, type USCG–2018– necessary to: Update the location, date, Celebration Fireworks, Alpena Fourth of 0198 in the ‘‘SEARCH’’ box and click and size of eighteen existing safety July Celebration Fireworks, Charlevoix ‘‘SEARCH.’’ Click on Open Docket zones (Marquette Fourth of July Venetian Festival Friday Night Folder on the line associated with this Celebration Fireworks, Munising Fourth Fireworks, Charlevoix Venetian Festival rule. of July Celebration Fireworks, Sault Saturday Night Fireworks, Elk Rapids Harbor Days Fireworks, Jordan Valley FOR FURTHER INFORMATION CONTACT: If Sainte Marie Fourth of July Celebration you have questions on this rule, call or Fireworks, Mackinac Island Fourth of Freedom Festival Fireworks, Canada email Lieutenant Junior Grade Sean V. July Celebration Fireworks, Harbor Day Celebration Fireworks, Festival of Murphy, Chief of Waterways Springs Fourth of July Celebration Fireworks Celebration Fireworks, Grand Management, Coast Guard Sector Sault Fireworks, Bay Harbor Yacht Club Marais Splash In, National Cherry Sainte Marie, U.S. Coast Guard; Fourth of July Celebration Fireworks, Festival Airshow, and National Cherry telephone 906–635–3223, email Petoskey Fourth of July Celebration Festival Finale Fireworks), establish [email protected]. Fireworks, Boyne City Fourth of July three safety zones (Mackinaw Area Visitors Bureau Friday Night Fireworks, SUPPLEMENTARY INFORMATION: Celebration Fireworks, Alpena Fourth of July Celebration Fireworks, Charlevoix Nautical City Fireworks, and Traverse I. Table of Abbreviations Venetian Festival Friday Night City Fourth of July Celebration Fireworks, Charlevoix Venetian Festival Fireworks), remove National Cherry CFR Code of Federal Regulations Saturday Night Fireworks, Elk Rapids Festival Fourth of July Celebration DHS Department of Homeland Security Fireworks and St. Ignace Fourth of July FR Federal Register Harbor Days Fireworks, Jordan Valley NPRM Notice of proposed rulemaking Freedom Festival Fireworks, Canada Celebration Fireworks safety zones, and § Section Day Celebration Fireworks, Festival of format the existing regulations into a U.S.C. United States Code Fireworks Celebration Fireworks, Grand table format. The purpose of this rule is Marais Splash In, National Cherry to ensure safety of vessels and the II. Background Information and Festival Airshow, and National Cherry navigable waters in the safety zone Regulatory History Festival Finale Fireworks), establish before, during, and after the scheduled On April 18, 2011 the Coast Guard three safety zones (Mackinaw Area events and to improve the overall clarity published an NPRM in the Federal Visitors Bureau Friday Night Fireworks, and readability of the rule. No vessel or Register (76 FR 21677) entitled ‘‘Safety Nautical City Fireworks, and Traverse person will be permitted to enter the Zones; Annual Events Requiring Safety City Fourth of July Celebration safety zone without obtaining Zones in the Captain of the Port Sault Fireworks), remove National Cherry permission from the COTP or a Sainte Marie Zone.’’ The NPRM Festival Fourth of July Celebration designated representative. proposed to establish 20 permanent Fireworks and St. Ignace Fourth of July V. Regulatory Analyses safety zones for annually recurring Celebration Fireworks safety zones, and events in the Captain of the Port Sault format the existing regulations into a We developed this rule after Sainte Marie Zone under § 165.918. The table format. The purpose of this rule is considering numerous statutes and NPRM was open for comment for 30 to ensure safety of vessels and the Executive orders related to rulemaking. days. navigable waters in the safety zone Below we summarize our analyses On June 2, 2011 the Coast Guard before, during, and after the scheduled based on a number of these statutes and published the Final Rule in the Federal events and to improve the overall clarity Executive orders, and we discuss First Register (76 FR 31839), after receiving and readability of the rule. Amendment rights of protestors. no comments on the NPRM. Since that A. Regulatory Planning and Review time there have been changes to the IV. Discussion of Comments, Changes, events that were listed in the Final Rule and the Rule Executive Orders 12866 and 13563 and additional annual events have been As noted above, we received one direct agencies to assess the costs and established. comment on our NPRM published benefits of available regulatory In response, on March 21, 2018, the March 21, 2018. The comment stated alternatives and, if regulation is Coast Guard published a notice of that updating the safety zone regulation necessary, to select regulatory proposed rulemaking (NPRM) titled improves the overall safety of the approaches that maximize net benefits. Safety Zones; Recurring Safety Zones in fireworks displays and that it is Executive Order 13771 directs agencies Captain of the Port Sault Sainte Marie imperative for the size, dates, and to control regulatory costs through a Zone (83 FR 12307). There we stated locations of the safety zones to be budgeting process. This rule has not why we issued the NPRM, and invited accurate in order to protect lives. There been designated a ‘‘significant comments on our proposed regulatory are no changes in the regulatory text of regulatory action,’’ under Executive action related to these marine events this rule from the proposed rule in the Order 12866. Accordingly, this rule has and fireworks display. During the NPRM. not been reviewed by the Office of comment period that ended April 20, This rule updates the location, date, Management and Budget (OMB), and 2018, we received one comment. and size of eighteen existing safety pursuant to OMB guidance it is exempt
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from the requirements of Executive against small entities that question or update of eighteen safety zone locations, Order 13771. complain about this rule or any policy dates, and sizes, the addition of three This regulatory action determination or action of the Coast Guard. safety zones, the removal of two safety is based on the size, location, duration, zones, and the reformatting of C. Collection of Information and time-of-day for each safety zone. regulations into an easier to read table Vessel traffic will be able to safely This rule will not call for a new format. It is categorically excluded from transit around all safety zones which collection of information under the further review under paragraph L60(a) will impact small designated areas Paperwork Reduction Act of 1995 (44 of Appendix A, Table 1 of DHS within the COTP zone for short U.S.C. 3501–3520). Instruction Manual 023–01–001–01, durations of time. Moreover, the Coast D. Federalism and Indian Tribal Rev. 01. A Record of Environmental Guard will issue Broadcast Notice to Governments Consideration supporting this Mariners via VHF–FM marine channel determination is available in the docket 16 about the zone and the rule allows A rule has implications for federalism where indicated under ADDRESSES. vessels to seek permission to enter the under Executive Order 13132, zone. Federalism, if it has a substantial direct G. Protest Activities effect on the States, on the relationship B. Impact on Small Entities The Coast Guard respects the First between the national government and Amendment rights of protesters. The Regulatory Flexibility Act of the States, or on the distribution of Protesters are asked to contact the 1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the person listed in the FOR FURTHER requires Federal agencies to consider various levels of government. We have INFORMATION CONTACT section to the potential impact of regulations on analyzed this rule under that Order and coordinate protest activities so that your small entities during rulemaking. The have determined that it is consistent message can be received without term ‘‘small entities’’ comprises small with the fundamental federalism jeopardizing the safety or security of businesses, not-for-profit organizations principles and preemption requirements people, places or vessels. that are independently owned and described in Executive Order13132. operated and are not dominant in their Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 fields, and governmental jurisdictions implications under Executive Order Harbors, Marine safety, Navigation with populations of less than 50,000. 13175, Consultation and Coordination (water), Reporting and record keeping The Coast Guard received no comments with Indian Tribal Governments, requirements, Security measures, from the Small Business Administration because it does not have a substantial Waterways. on this rulemaking. The Coast Guard direct effect on one or more Indian certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the For the reasons discussed in the rule will not have a significant Federal Government and Indian tribes, preamble, the Coast Guard amends 33 economic impact on a substantial or on the distribution of power and CFR part 165 as follows: number of small entities. responsibilities between the Federal While some owners or operators of PART 165—REGULATED NAVIGATION Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS vessels intending to transit the safety believe this rule has implications for zones may be small entities, for the federalism or Indian tribes, please ■ reasons stated in section V.A above, this 1. The authority citation for part 165 contact the person listed in the FOR continues to read as follows: rule will not have a significant FURTHER INFORMATION CONTACT section. economic impact on any vessel owner Authority: 33 U.S.C. 1231; 50 U.S.C. 191; or operator. E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small The Unfunded Mandates Reform Act Department of Homeland Security Delegation Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of ■ 2. Revise § 165.918 to read as follows: we want to assist small entities in their discretionary regulatory actions. In understanding this rule. If the rule particular, the Act addresses actions § 165.918 Safety Zones; Recurring Safety would affect your small business, Zones in Captain of the Port Sault Sainte that may result in the expenditure by a Marie. organization, or governmental State, local, or tribal government, in the jurisdiction and you have questions aggregate, or by the private sector of (a) Regulations. The following concerning its provisions or options for $100,000,000 (adjusted for inflation) or regulations apply to the safety zones compliance, please contact the person more in any one year. Though this rule listed in Table 165.918 of this section: listed in the FOR FURTHER INFORMATION will not result in such an expenditure, (1) In accordance with the general CONTACT section. we do discuss the effects of this rule regulations in § 165.23 of this part, Small businesses may send comments elsewhere in this preamble. entry into, transiting, or anchoring on the actions of Federal employees within any of the safety zones listed in who enforce, or otherwise determine F. Environment this section is prohibited unless compliance with, Federal regulations to We have analyzed this rule under authorized by the Captain of the Port the Small Business and Agriculture Department of Homeland Security Sault Sainte Marie, or a designated Regulatory Enforcement Ombudsman Directive 023–01 and Commandant representative. and the Regional Small Business Instruction M16475.1D, which guide the (2) All persons and vessels must Regulatory Fairness Boards. The Coast Guard in complying with the comply with the instructions of the Ombudsman evaluates these actions National Environmental Policy Act of Coast Guard Captain of the Port Sault annually and rates each agency’s 1969(42 U.S.C. 4321–4370f), and have Sainte Marie or a designated responsiveness to small business. If you determined that this action is one of a representative. Upon being hailed by the wish to comment on actions by category of actions that do not U.S. Coast Guard by siren, radio, employees of the Coast Guard, call individually or cumulatively have a flashing light or other means, the 1–888–REG–FAIR (1–888–734–3247). significant effect on the human operator of a vessel shall proceed as The Coast Guard will not retaliate environment. This rule involves the directed.
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(3) When a safety zone established by Mariners notifying the public that (e) Contacting the Captain of the Port. this section is being enforced, all vessels enforcement of the respective safety While a safety zone listed in this section must obtain permission from the zone is suspended. is enforced, the Captain of the Port Sault Captain of the Port Sault Sainte Marie (c) Exemption. Public vessels, defined Sainte Marie or a designated or a designated representative to enter, as any vessel owned or operated by the representative may be contacted via move within, or exit that safety zone. United States or by State or local VHF Channel 16 or telephone at (906) Vessels and persons granted permission governments, operating in an official 635–3319. Vessel operators given to enter the safety zone shall obey all capacity are exempted from the permission to enter or operate in a lawful orders or directions of the requirements of this section. safety zone must comply with all Captain of the Port Sault Sainte Marie (d) Waiver. For any vessel, the directions given to them by the Captain or a designated representative. While Captain of the Port Sault Sainte Marie of the Port Sault Sainte Marie, or a within a safety zone, all vessels shall or a designated representative may, at designated representative. operate at the minimum speed his or her discretion, waive any of the (f) Notice of enforcement. The Coast necessary to maintain a safe course. requirements of this section, upon Guard will provide advance notice of (b) Suspension of enforcement. If the finding that circumstances are such that the enforcement including specific date, event concludes earlier than scheduled, application of this section is time, and size of the safety zone being the Captain of the Port Sault Sainte unnecessary or impractical for the enforced in Table 165.918, by issuing a Marie or a designated representative purposes of safety or environmental Notice of Enforcement, as well as, a will issue a Broadcast Notice to safety. Broadcast Notice to Mariners.
TABLE 165.918 [Datum NAD 1983]
Event Location Event date
(1) Mackinaw Area Visitors Bureau All U.S. navigable waters of the Straits of Mackinac within an approx- Friday nights between late May Friday Night Fireworks; Macki- imate 1000-foot radius from the fireworks launch site located in po- and Early September. naw City, MI. sition 45°46′35.48″ N, 084°43′16.20″ W. (2) Jordan Valley Freedom Festival All U.S. navigable waters of Lake Charlevoix, near the City of East This event historically occurs in Fireworks; East Jordan, MI. Jordan, within the arc of a circle with an approximate 1200-foot ra- mid to late June. dius from the fireworks launch site in position 45°09′18″ N, 085°07′48″ W. (3) Grand Marais Splash In; Grand All U.S. navigable waters within the southern portion of West Bay This event historically occurs mid Marais, MI. bound within the following coordinates: 46°40′22.08″ N, to late June. 085°59′0.12″ W, 46°40′22.08″ N, 85°58′22.08″ W, and 46°40′14.64″ N, 85°58′19.56″ W, with the West Bay shoreline forming the South and West boundaries of the zone. (4) Festivals of Fireworks Celebra- All U.S. navigable waters of East Moran Bay within an approximate On or around July 4th and Satur- tion Fireworks; St. Ignace, MI. 1000-foot radius from the fireworks launch site at the end of the days beginning late June to Starline Mill Slip, centered in position: 45°52′24.62″ N, early September. 084°43′18.13″ W. (5) National Cherry Festival Air- All U.S. navigable waters of the West Arm of Grand Traverse Bay This event historically occurs late show Safety Zone; Traverse City, within a box bounded by the following coordinates: 44°46′51.6″ N, June or early July. MI. 085°38′15.6″ W, 44°46′23.4″ N, 085°38′22.8″ W, 44°46′30.00″ N, 085°35′42.00″ W, and 44°46′2.34″ N, 085°35′50.4″ W. (6) National Cherry Festival Finale All U.S. navigable waters of the West Arm of Grand Traverse Bay This event historically occurs late Fireworks; Traverse City, MI. within the arc of a circle with an approximate 1200-foot radius from June or early July. the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (7) Canada Day Celebration Fire- All U.S. navigable waters of the St. Marys River within an approxi- On or around July 1. works; Sault Sainte Marie, MI. mate 1400-foot radius from the fireworks launch site, centered ap- proximately 160 yards north of the U.S. Army Corp of Engineers Soo Locks North East Pier, at position 46°30′20.40″ N, 084°20′17.64″ W. (8) Marquette Fourth of July Cele- All U.S. navigable waters of Marquette Harbor within an approximate On or around July 4th. bration Fireworks; Marquette, MI. 1200-foot radius of the fireworks launch site, centered in position 46°32′23.0″ N, 087°23′13.1″ W. (9) Munising Fourth of July Cele- All U.S. navigable waters of South Bay within an approximate 800- On or around July 4th. bration Fireworks; Munising, MI. foot radius from the fireworks launch site at the end of the Munising City Dock, centered in position: 46°24′50.08″ N, 086°39′08.52″ W. (10) Sault Sainte Marie Fourth of All U.S. navigable waters of the St. Marys River within an approxi- On or around July 4th. July Celebration Fireworks; Sault mate 1000-foot radius around the eastern portion of the U.S. Army Sainte Marie, MI. Corp of Engineers Soo Locks North East Pier, centered in position: 46°30′19.66″ N, 084°20′31.61″ W. (11) Mackinac Island Fourth of July All U.S. navigable waters of Lake Huron within an approximate 750- On or around July 4th. Celebration Fireworks; Mackinac foot radius of the fireworks launch site, centered approximately Island, MI. 1000 yards west of Round Island Passage Light, at position 45°50′34.92″ N, 084°37′38.16″ W. (12) Harbor Springs Fourth of July All U.S. navigable waters of Lake Michigan and Harbor Springs Har- On or around July 4th. Celebration Fireworks; Harbor bor within the arc of a circle with an approximate 1200-foot radius Springs, MI. from the fireworks launch site located on a barge in position 45°25′30″ N, 084°59′06″ W.
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TABLE 165.918—Continued [Datum NAD 1983]
Event Location Event date
(13) Bay Harbor Yacht Club Fourth All U.S. navigable waters of Lake Michigan and Bay Harbor Lake On or around July 4th. of July Celebration Fireworks; within the arc of a circle with an approximate 750-foot radius from Petoskey, MI. the fireworks launch site located on a barge in position 45°21′50″ N, 085°01′37″ W. (14) Petoskey Fourth of July Cele- All U.S. navigable waters of Lake Michigan and Petoskey Harbor, in On or around July 4th. bration Fireworks; Petoskey, MI. the vicinity of Bay Front Park, within the arc of a circle with an ap- proximate 1200-foot radius from the fireworks launch site located in position 45°22′40″ N, 084°57′30″ W. (15) Boyne City Fourth of July All U.S. navigable waters of Lake Charlevoix, in the vicinity of Vet- On or around July 4th. Celebration Fireworks; Boyne erans Park, within the arc of a circle with an approximate 1400-foot City, MI. radius from the fireworks launch site located in position 45°13′30″ N, 085°01′40″ W. (16) Alpena Fourth of July Celebra- All U.S. navigable waters of Lake Huron within an approximate 1000- On or around July 4th. tion Fireworks; Alpena, MI. foot radius of the fireworks launch site located near the end of Mason Street, South of State Avenue, at position 45°02′42″ N, 083°26′48″ W. (17) Traverse City Fourth of July All U.S. navigable waters of the West Arm of Grand Traverse Bay On or around July 4th. Celebration Fireworks; Traverse within the arc of a circle with an approximate 1200-foot radius from City, MI. the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (18) Charlevoix Venetian Festival All U.S. navigable waters of Lake Charlevoix, in the vicinity of Depot This event historically occurs in Friday Night Fireworks; Beach, within the arc of a circle with an approximate 1200-foot ra- late July. Charlevoix, MI. dius from the fireworks launch site located on a barge in position 45°19′08″ N, 085°14′18″ W. (19) Charlevoix Venetian Saturday All U.S. navigable waters of Round Lake within the arc of a circle This event historically occurs in Night Fireworks; Charlevoix, MI. with an approximate 500-foot radius from the fireworks launch site late July. located on a barge in position 45°19′03″ N, 085°15′18″ W. (20) Elk Rapids Harbor Days Fire- All U.S. navigable waters within the arc of a circle with an approxi- This event historically occurs in works; Elk Rapids, MI. mate 750-foot radius from the fireworks launch site located on a early August. barge in position 44°54′6.95″ N, 85°25′3.11″ W. (21) Nautical City Fireworks; Rog- All U.S. navigable waters within the arc of a circle with an approxi- Early August. ers City. mate 750-foot radius from the fireworks launch site located near Harbor View Road in position 45°25′04.72″ N, 83°47′51.21″ W.
Dated: April 23, 2018. omitted and removing an outdated 34 CFR Part 75 M.R. Broz, definition. Section 75.210 General Selection Captain, U.S. Coast Guard, Captain of the DATES: Effective date: These regulations Criteria Port Sault Sainte Marie. are effective April 27, 2018. [FR Doc. 2018–08840 Filed 4–26–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Current Regulations: Section BILLING CODE 9110–04–P Kelly Terpak, U.S. Department of 75.210(h) includes 13 factors under the Education, 400 Maryland Avenue SW, ‘‘Quality of the Project Evaluation’’ Room 4W312, Washington, DC 20202– selection criterion. DEPARTMENT OF EDUCATION 5900. Telephone: (202) 205–5231 or by Final Regulations and Reasons: We email: [email protected]. are reinserting the selection factor under 34 CFR Parts 75 and 77 If you use a telecommunications the ‘‘Quality of the Project Evaluation’’ device for the deaf (TDD) or text criterion (§ 75.210(h)) focused on the RIN 1855–AA13 telephone (TTY), call the Federal Relay extent to which the methods of Service (FRS), toll free, at 1–800–877– evaluation will provide valid and Definitions and Selection Criteria That 8339. reliable performance data on relevant Apply to Direct Grant Programs SUPPLEMENTARY INFORMATION: outcomes. This factor was inadvertently AGENCY: Department of Education. omitted from § 77.210(h), and we are Final Regulatory Changes making this revision to add it back in. ACTION: Final rule. Background: On July 31, 2017, the We believe this factor continues to be an SUMMARY: On July 31, 2017, the Department published in the Federal important one to include in the menu of Department of Education (Department) Register a final rule (82 FR 35445) (2017 selection criteria and factors available issued a new rule in order to better align Rule) revising 34 CFR parts 75 and 77 for use in discretionary grant programs. the Education Department General to better align the regulations with the As noted in the 2017 Rule, the final Administrative Regulations (EDGAR) definition of ‘‘evidence-based’’ in the regulations do not change the way the with the definition of ‘‘evidence-based’’ ESEA. In that rule, we inadvertently Secretary uses selection criteria and in the Elementary and Secondary removed a selection factor and factors. The Secretary will continue to Education Act, as amended by the Every maintained an outdated definition. use selection criteria that are consistent Student Succeeds Act (ESEA). Through Therefore, the purpose of this document with the purpose of the program and this document, we are adding a is to amend §§ 75.210(h) and 77.1(c) in permitted under the applicable statutes selection factor that was inadvertently order to correct those errors. and regulations.
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34 CFR Part 77 referred to as an ‘‘economically behavior or manner of compliance a significant’’ rule); regulated entity must adopt; and Section 77.1 Definitions That Apply to (2) Create serious inconsistency or (5) Identify and assess available All Department Programs otherwise interfere with an action taken alternatives to direct regulation, Current Regulations: Section 77.1(c) or planned by another agency; including economic incentives—such as establishes definitions that, unless a (3) Materially alter the budgetary user fees or marketable permits—to statute or regulation provides otherwise, impacts of entitlement grants, user fees, encourage the desired behavior, or apply to the regulations in title 34 of the or loan programs or the rights and provide information that enables the Code of Federal Regulations and can be obligations of recipients thereof; or public to make choices. used in Department grant competitions. (4) Raise novel legal or policy issues Executive Order 13563 also requires Final Regulations and Reasons: We arising out of legal mandates, the an agency ‘‘to use the best available are removing the term ‘‘randomized President’s priorities, or the principles techniques to quantify anticipated controlled trial’’ from § 77.1(c). We are stated in the Executive order. present and future benefits and costs as removing this definition because, as This final regulatory action is not a accurately as possible.’’ The Office of noted in the 2017 Rule, it was our intent significant regulatory action subject to Information and Regulatory Affairs of to replace it with the term review by OMB under section 3(f) of OMB has emphasized that these ‘‘experimental study,’’ to align with the Executive Order 12866. techniques may include ‘‘identifying definition of ‘‘evidence-based,’’ in Under Executive Order 13771, for changing future compliance costs that section 8101(21), specifically with each new regulation that the might result from technological regard to ‘‘strong evidence.’’ In the new Department proposes for notice and innovation or anticipated behavioral definition of ‘‘strong evidence,’’ we comment or otherwise promulgates that changes.’’ clarified the types of studies that can is a significant regulatory action under We are issuing these final regulations qualify as experimental studies— Executive Order 12866 and that imposes only on a reasoned determination that including, but not limited to, total costs greater than zero, it must their benefits justify their costs. In randomized controlled trials—as identify two deregulatory actions. For choosing among alternative regulatory provided in the applicable What Works Fiscal Year 2018, any new incremental approaches, we selected those Clearinghouse (WWC) Handbook. costs associated with a new regulation approaches that maximize net benefits. Based on an analysis of anticipated Waiver of Proposed Rulemaking and must be fully offset by the elimination costs and benefits, the Department Delayed Effective Date of existing costs through deregulatory actions. However, Executive Order believes that these final regulations are Under the Administrative Procedure consistent with the principles in Act (APA) (5 U.S.C. 553), the 13771 does not apply to ‘‘transfer rules’’ that cause only income transfers Executive Order 13563. Department generally offers interested We also have determined that this parties the opportunity to comment on between taxpayers and program beneficiaries, such as those regarding regulatory action does not unduly proposed regulations. However, these interfere with State, local, and Tribal regulations make technical changes only discretionary grant programs. The final regulations pertain to the Department’s governments in the exercise of their and do not establish substantive policy. governmental functions. The regulations are, therefore, exempt discretionary grant programs and, from notice and comment rulemaking therefore, Executive Order 13771 is not Potential Costs and Benefits under 5 U.S.C. 553(b)(3)(B). applicable. Under Executive Order 12866, we The APA also generally requires that We have also reviewed these have assessed the potential costs and regulations be published at least 30 days regulations under Executive Order benefits of this regulatory action and before their effective date, unless the 13563, which supplements and have determined that these regulations agency has good cause to implement its explicitly reaffirms the principles, would not impose additional costs. We regulations sooner (5 U.S.C. 553(d)(3)). structures, and definitions governing believe any additional costs imposed by Again, because these final regulations regulatory review established in these final regulations will be negligible, are merely technical, there is good cause Executive Order 12866. To the extent primarily because they reflect technical to make them effective on the day they permitted by law, Executive Order changes that do not impose additional are published. 13563 requires that an agency— burden. Moreover, we believe any costs (1) Propose or adopt regulations only will be significantly outweighed by the Executive Orders 12866, 13563, and on a reasoned determination that their potential benefits of making necessary 13771 Regulatory Impact Analysis benefits justify their costs (recognizing clarifications and ensuring consistency Under Executive Order 12866, the that some benefits and costs are difficult among the Education Department Secretary must determine whether this to quantify); General Administrative Regulations and regulatory action is ‘‘significant’’ and, (2) Tailor its regulations to impose the section 8101(21) of ESEA, as amended therefore, subject to the requirements of least burden on society, consistent with by the ESSA. the Executive order and subject to obtaining regulatory objectives and review by the Office of Management and taking into account—among other things Regulatory Flexibility Act Certification Budget (OMB). Section 3(f) of Executive and to the extent practicable—the costs The Secretary certifies that these Order 12866 defines a ‘‘significant of cumulative regulations; regulations do not have a significant regulatory action’’ as an action likely to (3) In choosing among alternative economic impact on a substantial result in a rule that may— regulatory approaches, select those number of small entities. (1) Have an annual effect on the approaches that maximize net benefits Accessible Format: Individuals with economy of $100 million or more, or (including potential economic, disabilities can obtain this document in adversely affect a sector of the economy, environmental, public health and safety, an accessible format (e.g., Braille, large productivity, competition, jobs, the and other advantages; distributive print, audiotape, or compact disc) on environment, public health or safety, or impacts; and equity); request to the program contact person State, local, or Tribal governments or (4) To the extent feasible, specify listed under FOR FURTHER INFORMATION communities in a material way (also performance objectives, rather than the CONTACT.
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Electronic Access to This Document: PART 77—DEFINITIONS THAT APPLY many veterans. The regulation does not The official version of this document is TO DEPARTMENT REGULATIONS eliminate insurance coverage for the document published in the Federal insured veterans or those eligible to be Register. You may access the official ■ 3. The authority citation for part 77 insured under supplemental S–DVI. edition of the Federal Register and the continues to read as follows: Rather, the rule clarifies VA’s Code of Federal Regulations via the Authority: 20 U.S.C. 1221e–3 and 3474, longstanding practice, which is dictated Federal Digital System at: www.gpo.gov/ unless otherwise noted. by 38 U.S.C. 1912(a) and 1922A(a), by fdsys. At this site, you can view this explaining which veterans are ineligible document, as well as all other § 77.1 [Amended] for supplemental S–DVI consistent with documents of this Department ■ 4. Section 77.1(c) is amended by the governing statutes. See Martin v. published in the Federal Register, in removing the definition of ‘‘randomized Shinseki, 26 Vet. App. 451 (2014). text or Portable Document Format controlled trial.’’ Therefore, VA will not make any (PDF). To use PDF, you must have [FR Doc. 2018–08965 Filed 4–26–18; 8:45 am] changes based on this comment. Adobe Acrobat Reader, which is BILLING CODE 4000–01–P B. Eligibility for Supplemental S–DVI available free at this site. Four commenters stated that the rule You may also access documents of the would restrict eligibility for Department published in the Federal DEPARTMENT OF VETERANS supplemental S–DVI. Two of the Register by using the article search AFFAIRS commenters stated that the rule makes feature at: www.federalregister.gov. a blanket assessment that a mentally 38 CFR Part 8 Specifically, through the advanced incompetent veteran is ineligible for search feature at this site, you can limit RIN 2900–AQ03 supplemental S–DVI based on the your search to documents published by assumption that the veteran would not the Department. Eligibility for Supplemental Service- have applied for the coverage. Another Disabled Veterans’ Insurance List of Subjects commenter stated that the rule AGENCY: Department of Veterans Affairs. discriminates against veterans who are 34 CFR Part 75 incapable of applying for supplemental ACTION: Final rule. S–DVI prior to their date of death. Accounting, Copyright, Education, SUMMARY: The Department of Veterans The rule is not based upon any Grant programs—education, Inventions Affairs (VA), in this final rule, amends assumption nor does it discriminate and patents, Private schools, Reporting its regulations governing the Service- against certain veterans. As VA and recordkeeping requirements, Youth Disabled Veterans’ Insurance (S–DVI) explained in the proposed rule, under organizations. program in order to explain that a 38 U.S.C. 1922A(a), a S–DVI insured is 34 CFR Part 77 person who was granted S–DVI as of the not entitled to supplemental S–DVI date of death is not eligible for unless the insured qualifies for waiver Education, Grant programs— supplemental S–DVI because the of premiums under 38 U.S.C. 1912(a), education, Incorporation by reference. insured’s total disability did not begin and a veteran granted insurance under 38 U.S.C. 1922(b) cannot qualify for a Dated: April 24, 2018. after the date of the insured’s waiver of premiums under § 1912(a) Betsy DeVos, application for insurance and while the insurance was in force under premium- because the insured’s total disability Secretary of Education. paying conditions. does not begin after the date of the insured’s application for insurance and DATES: This rule is effective May 29, For the reasons discussed in the while the insurance is in force under preamble, the Secretary amends parts 75 2018. premium-paying conditions. See 82 FR and 77 of title 34 of the Code of Federal FOR FURTHER INFORMATION CONTACT: Paul 39975. While section 1922(b) grants S– Regulations as follows: Weaver, Department of Veterans Affairs DVI posthumously, Congress did not Insurance Center (310/290B), 5000 include provisions in section 1922A to PART 75—DIRECT GRANT Wissahickon Avenue, Philadelphia, PA grant supplemental S–DVI to the PROGRAMS 19144, (215) 842–2000, ext. 4263 (this is survivors of veterans who were unable not a toll-free number). to apply for the insurance prior to death. ■ 1. The authority citation for part 75 SUPPLEMENTARY INFORMATION: On August See Martin, 26 Vet. App. at 458–59. VA continues to read as follows: 23, 2017, VA published a proposed rule will not make any changes based on Authority: 20 U.S.C. 1221e–3 and 3474, in the Federal Register (82 FR 39974). these comments. unless otherwise noted. VA provided a 60-day comment period Two commenters stated that VA on the proposed rule, which ended on should revise the rule to prevent abuses ■ 2. Section 75.210 is amended by October 23, 2017. VA received rather than to eliminate eligibility for adding paragraph (h)(2)(xiv) to read as comments from five individuals. The Supplemental S–DVI for all veterans follows: commenters stated that they believed granted S–DVI under section 1922(b). Both commenters stated that the point § 75.210 General selection criteria. the proposed rule would unnecessarily restrict eligibility for supplemental S– of the Martin decision was to prevent * * * * * DVI; eliminate insurance coverage for abuse of the system. We see no reference (h) * * * veterans; and is contrary to the in the court’s decision for prevention of (2) * * * congressional intent of the abuse. Rather, the court’s holdings are supplemental S–DVI legislation. We based on the plain language of the (xiv) The extent to which the methods address their contentions below. statutes. See 26 Vet. App. 458–49. Any of evaluation will provide valid and VA rule that is inconsistent with the reliable performance data on relevant A. Insurance Coverage statutes would be invalid. We therefore outcomes. One commenter stated that the rule decline to make any changes to the rule * * * * * would eliminate insurance coverage for on this basis.
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C. Congressional Intent grants, user fees, or loan programs or the Signing Authority One of the commenters suggested that rights and obligations of recipients The Secretary of Veterans Affairs, or the rule makes numerous veterans thereof; or (4) Raise novel legal or policy designee, approved this document and ineligible for supplemental S–DVI, issues arising out of legal mandates, the authorized the undersigned to sign and which is inconsistent with the intent of President’s priorities, or the principles submit the document to the Office of the Congress and VA. The Veterans Court set forth in this Executive Order.’’ Federal Register for publication found that the language of 38 U.S.C. The economic, interagency, electronically as an official document of 1912(a) and 1922A(a) is plain, 26 Vet. budgetary, legal, and policy the Department of Veterans Affairs. App. at 458, and therefore the literal implications of this final regulatory Jacquelyn Hayes-Byrd, Deputy Chief of language is the ‘‘sole evidence of the action have been examined and it has Staff, Department of Veterans Affairs, ultimate legislative intent.’’ See been determined not to be a significant approved this document on March 20, Caminetti v. United States, 242 U.S. regulatory action under Executive Order 2018, for publication. 12866. VA’s impact analysis can be 470, 490 (1917). Sections 1912(a) and Dated: April 23, 2018. 1922A(a) unambiguously provide that found as a supporting document at Jeffrey M. Martin, supplemental S–DVI is only available to http://www.regulations.gov, usually a person insured under S–DVI who within 48 hours after the rulemaking Impact Analyst, Office of Regulation Policy document is published. Additionally, a & Management, Office of the Secretary, qualifies for a waiver of premiums Department of Veterans Affairs. under section 1912, which requires that copy of the rulemaking and its impact an insured’s total disability have begun analysis are available on VA’s website at For the reasons stated in the after the date of the insured’s http://www.va.gov/orpm by following preamble, the Department of Veterans application for insurance and while the the link for ‘‘VA Regulations Affairs amends 38 CFR part 8 as set insurance is in force under premium- Published.’’ This rule is not an forth below: paying conditions. The court did not Executive Order 13771 regulatory action because the rule is not significant under PART 8—NATIONAL SERVICE LIFE disregard the limiting language of the INSURANCE statutes and neither may VA. Therefore, Executive Order 12866. VA will not make any changes based on Paperwork Reduction Act ■ 1. The authority citation for part 8 this comment. This final rule contains no provisions continues to read as follows: Based on the rationale set forth in the constituting a collection of information Federal Register, VA adopts the Authority: 38 U.S.C. 501(a), 1901–1929, under the Paperwork Reduction Act of 1981, 1988, unless otherwise noted. proposed rule, without change, as a 1995 (44 U.S.C. 3501–3521). ■ final rule. 2. Add § 8.34 to read as follows: Regulatory Flexibility Act Executive Orders 12866, 13563, and § 8.34 Ineligibility for insurance under 38 13771 The Secretary hereby certifies that the U.S.C. 1922A (supplemental Service- adoption of this final rule would not Disabled Veterans’ Insurance) if person Executive Orders 12866 and 13563 have a significant economic impact on insured under 38 U.S.C. 1922(b). direct agencies to assess the costs and a substantial number of small entities as A person who is granted Service- benefits of available regulatory they are defined in the Regulatory Disabled Veterans’ Insurance under 38 alternatives and, when regulation is Flexibility Act, 5 U.S.C. 601–612. This U.S.C. 1922(b) is not eligible for necessary, to select regulatory final rule would directly affect only supplemental Service-Disabled approaches that maximize net benefits individuals and would not directly Veterans’ Insurance under 38 U.S.C. (including potential economic, affect any small entities. Therefore, 1922A. environmental, public health and safety pursuant to 5 U.S.C. 605(b), this final effects, and other advantages; [FR Doc. 2018–08854 Filed 4–26–18; 8:45 am] rule is exempt from the initial and final BILLING CODE 8320–01–P distributive impacts; and equity). regulatory flexibility analysis Executive Order 13563 (Improving requirements of sections 603 and 604. Regulation and Regulatory Review) emphasizes the importance of Unfunded Mandates POSTAL REGULATORY COMMISSION quantifying both costs and benefits, The Unfunded Mandates Reform Act 39 CFR Part 3020 reducing costs, harmonizing rules, and of 1995 requires, at 2 U.S.C. 1532, that promoting flexibility. Executive Order agencies prepare an assessment of [Docket Nos. MC2010–21 and CP2010–36] 12866 (Regulatory Planning and anticipated costs and benefits before Review) defines a ‘‘significant issuing any rule that may result in the Update to Product List regulatory action,’’ which requires expenditure by State, local, and tribal AGENCY: review by the Office of Management and governments, in the aggregate, or by the Postal Regulatory Commission. Budget (OMB), as ‘‘any regulatory action private sector, of $100 million or more ACTION: Final rule. that is likely to result in a rule that may: (adjusted annually for inflation) in any SUMMARY: The Commission is updating (1) Have an annual effect on the 1 year. This final rule would have no the competitive product list. This action economy of $100 million or more or such effect on State, local, and tribal reflects a publication policy adopted by adversely affect in a material way the governments, or on the private sector. economy, a sector of the economy, Commission order. The referenced productivity, competition, jobs, the Catalog of Federal Domestic Assistance policy assumes periodic updates. The environment, public health or safety, or The Catalog of Federal Domestic updates are identified in the body of State, local, or tribal governments or Assistance number and title for the this document. The competitive product communities; (2) Create a serious program affected by this document is list, which is re-published in its inconsistency or otherwise interfere 64.103, Life Insurance for Veterans. entirety, includes these updates. with an action taken or planned by DATES: Effective Date: April 27, 2018. another agency; (3) Materially alter the List of Subjects in 38 CFR Part 8 For applicability dates, see budgetary impact of entitlements, Life insurance, Veterans. SUPPLEMENTARY INFORMATION.
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FOR FURTHER INFORMATION CONTACT: Priority Mail Express Contract 60 Priority Mail Contract 421 (MC2018–123 David A. Trissell, General Counsel, at (MC2018–93 and CP2018–135); January and CP2018–166); February 22, 2018, 202–789–6800. 9, 2018, Priority Mail & First-Class Priority Mail & First-Class Package SUPPLEMENTARY INFORMATION: Package Service Contract 71 (MC2018– Service Contract 75 (MC2018–124 and 94 and CP2018–136); January 11, 2018, CP2018–169); February 28, 2018, Global Applicability Dates Priority Mail & First-Class Package Expedited Package Services (GEPS)— January 2, 2018, Priority Mail Service Contract 72 (MC2018–95 and Non-Published Rates 13 (MC2018–125 Contract 396 (MC2018–67 and CP2018– CP2018–137); January 11, 2018, Priority and CP2018–170); March 6, 2018, 107); January 2, 2018, Priority Mail Mail & First-Class Package Service Priority Mail Contract 422 (MC2018–126 Contract 397 (MC2018–68 and CP2018– Contract 73 (MC2018–96 and CP2018– and CP2018–172); March 9, 2018, 108); January 2, 2018, Priority Mail 138); January 11, 2018, First-Class Priority Mail & First-Class Package Contract 398 (MC2018–69 and CP2018– Package Service Contract 91 (MC2018– Service Contract 76 (MC2018–127 and 109); January 2, 2018, Priority Mail 97 and CP2018–139); January 11, 2018, CP2018–173); March 20, 2018, Priority Contract 399 (MC2018–70 and CP2018– Priority Mail Contract 403 (MC2018–98 Mail Contract 423 (MC2018–128 and 110); January 3, 2018, Parcel Select and CP2018–140); January 11, 2018, CP2018–178); March 20, 2018, Priority Contract 28 (MC2018–72 and CP2018– Priority Mail Contract 404 (MC2018–99 Mail Express & Priority Mail Contract 62 112); January 3, 2018, Parcel Select and CP2018–141); January 11, 2018, (MC2018–129 and CP2018–179); March Contract 29 (MC2018–73 and CP2018– Priority Mail Contract 405 (MC2018–100 20, 2018, Priority Mail Contract 424 113); January 3, 2018, Priority Mail and CP2018–142); January 11, 2018, (MC2018–130 and CP2018–180); March Express Contract 57 (MC2018–74 and Priority Mail Contract 406 (MC2018–101 27, 2018, Priority Mail Contract 425 CP2018–114); January 3, 2018, Priority and CP2018–143); January 11, 2018, (MC2018–131 and CP2018–182); March Mail Contract 400 (MC2018–75 and Priority Mail Contract 407 (MC2018–102 27, 2018, Priority Mail Express & CP2018–116); January 4, 2018, Parcel and CP2018–144); January 11, 2018, Priority Mail Contract 63 (MC2018–132 Select Contract 27 (MC2018–71 and Priority Mail Contract 408 (MC2018–103 and CP2018–183). CP2018–111); January 4, 2018, Priority and CP2018–145); January 12, 2018, This document identifies updates to Mail Express, Priority Mail & First-Class Priority Mail Contract 409 (MC2018–104 the competitive product list, which Package Service Contract 31 (MC2018– and CP2018–146); January 12, 2018, appears as 39 CFR Appendix B to 76 and CP2018–118); January 4, 2018, Priority Mail Contract 410 (MC2018–105 Subpart A of Part 3020—Competitive Priority Mail Contract 401 (MC2018–77 and CP2018–147); January 12, 2018, Product List. Publication of the updated and CP2018–119); January 4, 2018, Priority Mail Contract 411 (MC2018–106 product list in the Federal Register is First-Class Package Service Contract 89 and CP2018–148); January 12, 2018, addressed in the Postal Accountability (MC2018–78 and CP2018–120); January Priority Mail Contract 412 (MC2018–107 and Enhancement Act (PAEA) of 2006. 4, 2018, First-Class Package Service and CP2018–149); January 16, 2018, Authorization. The Commission Contract 90 (MC2018–79 and CP2018– Priority Mail Contract 415 (MC2018–110 process for periodic publication of 121); January 4, 2018, Priority Mail and CP2018–152); January 16, 2018, updates was established in Docket Nos. Contract 402 (MC2018–80 and CP2018– Priority Mail Contract 416 (MC2018–111 MC2010–21 and CP2010–36, Order No. 122); January 5, 2018, Priority Mail and CP2018–153); January 16, 2018, 445, April 22, 2010, at 8. Express & Priority Mail Contract 55 Priority Mail Express Contract 61 Changes. The competitive product list (MC2018–81 and CP2018–123); January (MC2018–113 and CP2018–155); is being updated by publishing a 5, 2018, Priority Mail & First-Class January 17, 2018, Priority Mail Contract replacement in its entirety of 39 CFR Package Service Contract 67 (MC2018– 418 (MC2018–116 and CP2018–158); Appendix B to Subpart A of Part 3020— 82 and CP2018–124); January 5, 2018, January 17, 2018, Priority Mail Contract Competitive Product List. The following Priority Mail & First-Class Package 420 (MC2018–118 and CP2018–160); products are being added, removed, or Service Contract 68 (MC2018–83 and January 17, 2018, Priority Mail Contract moved within the competitive product CP2018–125); January 5, 2018, Priority 417 (MC2018–112 and CP2018–154); list: Mail & First-Class Package Service January 17, 2018, Priority Mail Express Competitive Product List Contract 69 (MC2018–84 and CP2018– & Priority Mail Contract 60 (MC2018– 126); January 5, 2018, Priority Mail & 114 and CP2018–156); January 17, 2018, 1. Priority Mail Contract 396 First-Class Package Service Contract 70 Priority Mail Express & First-Class (MC2018–67 and CP2018–107) (Order (MC2018–85 and CP2018–127); January Package Service Contract 1 (MC2018– No. 4324), added January 2, 2018. 8, 2018, Priority Mail Express & Priority 115 and CP2018–157); January 18, 2018, 2. Priority Mail Contract 397 Mail Contract 56 (MC2018–86 and Priority Mail Express & Priority Mail (MC2018–68 and CP2018–108) (Order CP2018–128); January 8, 2018, Priority Contract 61 (MC2018–119 and CP2018– No. 4325), added January 2, 2018. Mail Express & Priority Mail Contract 57 162); January 18, 2018, Priority Mail 3. Priority Mail Contract 398 (MC2018–87 and CP2018–129); January Express & First-Class Package Service (MC2018–69 and CP2018–109) (Order 8, 2018, Priority Mail Express & Priority Contract 2 (MC2018–120 and CP2018– No. 4326), added January 2, 2018. Mail Contract 58 (MC2018–88 and 163); January 19, 2018, Priority Mail 4. Priority Mail Contract 399 CP2018–130); January 8, 2018, Priority Contract 413 (MC2018–108 and (MC2018–70 and CP2018–110) (Order Mail Express & Priority Mail Contract 59 CP2018–150); January 19, 2018, Priority No. 4327), added January 2, 2018. (MC2018–89 and CP2018–131); January Mail Contract 414 (MC2018–109 and 5. Parcel Select Contract 28 (MC2018– 9, 2018, Priority Mail Express, Priority CP2018–151); January 19, 2018, Priority 72 and CP2018–112) (Order No. 4328), Mail & First-Class Package Service Mail Contract 419 (MC2018–117 and added January 3, 2018. Contract 32 (MC2018–90 and CP2018– CP2018–159); February 13, 2018, 6. Parcel Select Contract 29 (MC2018– 132); January 9, 2018, Priority Mail Priority Mail & First-Class Package 73 and CP2018–113) (Order No. 4329), Express Contract 58 (MC2018–91 and Service Contract 74 (MC2018–121 and added January 3, 2018. CP2018–133); January 9, 2018, Priority CP2018–164); February 13, 2018, Parcel 7. Priority Mail Express Contract 57 Mail Express Contract 59 (MC2018–92 Select Contract 30 (MC2018–122 and (MC2018–74 and CP2018–114) (Order and CP2018–134); January 9, 2018, CP2018–165); February 14, 2018, No. 4330), added January 3, 2018.
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8. Priority Mail Contract 400 26. Priority Mail Express Contract 59 48. Priority Mail Express & Priority (MC2018–75 and CP2018–116) (Order (MC2018–92 and CP2018–134) (Order Mail Contract 60 (MC2018–114 and No. 4331), added January 3, 2018. No. 4355), added January 9, 2018. CP2018–156) (Order No. 4381), added 9. Parcel Select Contract 27 (MC2018– 27. Priority Mail Express Contract 60 January 17, 2018. 71 and CP2018–111) (Order No. 4335), (MC2018–93 and CP2018–135) (Order 49. Priority Mail Express & First-Class added January 4, 2018. No. 4356), added January 9, 2018. Package Service Contract 1 (MC2018– 10. Priority Mail Express, Priority 28. Priority Mail & First-Class Package 115 and CP2018–157) (Order No. 4382), Mail & First-Class Package Service Service Contract 71 (MC2018–94 and added January 17, 2018. Contract 31 (MC2018–76 and CP2018– CP2018–136) (Order No. 4357), added 50. Priority Mail Express & Priority 118) (Order No. 4336), added January 4, January 9, 2018. Mail Contract 61 (MC2018–119 and 2018. 29. Priority Mail & First-Class Package CP2018–162) (Order No. 4384), added 11. Priority Mail Contract 401 Service Contract 72 (MC2018–95 and January 18, 2018. (MC2018–77 and CP2018–119) (Order CP2018–137) (Order No. 4359), added 51. Priority Mail Express & First-Class No. 4337), added January 4, 2018. January 11, 2018. Package Service Contract 2 (MC2018– 12. First-Class Package Service 30. Priority Mail & First-Class Package 120 and CP2018–163) (Order No. 4387), Contract 89 (MC2018–78 and CP2018– Service Contract 73 (MC2018–96 and added January 18, 2018. 120) (Order No. 4338), added January 4, CP2018–138) (Order No. 4360), added 52. Priority Mail Contract 413 2018. January 11, 2018. (MC2018–108 and CP2018–150) (Order 13. First-Class Package Service 31. First-Class Package Service No. 4388), added January 19, 2018. Contract 90 (MC2018–79 and CP2018– Contract 91 (MC2018–97 and CP2018– 53. Priority Mail Contract 414 121) (Order No. 4339), added January 4, 139) (Order No. 4361), added January (MC2018–109 and CP2018–151) (Order 2018. 11, 2018. No. 4389), added January 19, 2018. 14. Priority Mail Contract 402 32. Priority Mail Contract 403 54. Priority Mail Contract 419 (MC2018–80 and CP2018–122) (Order (MC2018–98 and CP2018–140) (Order (MC2018–117 and CP2018–159) (Order No. 4340), added January 4, 2018. No. 4362), added January 11, 2018. No. 4390), added January 19, 2018. 15. Priority Mail Express & Priority 33. Priority Mail Contract 404 55. Priority Mail & First-Class Package Mail Contract 55 (MC2018–81 and (MC2018–99 and CP2018–141) (Order Service Contract 74 (MC2018–121 and CP2018–123) (Order No. 4342), added No. 4363), added January 11, 2018. CP2018–164) (Order No. 4405), added January 5, 2018. 34. Priority Mail Contract 405 February 13, 2018. 16. Priority Mail & First-Class Package (MC2018–100 and CP2018–142) (Order 56. Parcel Select Contract 30 Service Contract 67 (MC2018–82 and No. 4364), added January 11, 2018. (MC2018–122 and CP2018–165) (Order 35. Priority Mail Contract 406 CP2018–124) (Order No. 4343), added No. 4406), added February 13, 2018. January 5, 2018. (MC2018–101 and CP2018–143) (Order 57. Priority Mail Contract 421 17. Priority Mail & First-Class Package No. 4365), added January 11, 2018. (MC2018–123 and CP2018–166) (Order 36. Priority Mail Contract 407 Service Contract 68 (MC2018–83 and No. 4407), added February 14, 2018. (MC2018–102 and CP2018–144) (Order CP2018–125) (Order No. 4344), added 58. Priority Mail & First-Class Package No. 4366), added January 11, 2018. January 5, 2018. 37. Priority Mail Contract 408 Service Contract 75 (MC2018–124 and 18. Priority Mail & First-Class Package (MC2018–103 and CP2018–145) (Order CP2018–169) (Order No. 4415), added Service Contract 69 (MC2018–84 and No. 4367), added January 11, 2018. February 22, 2018. CP2018–126) (Order No. 4345), added 38. Priority Mail Contract 409 59. Global Expedited Package Services January 5, 2018. (MC2018–104 and CP2018–146) (Order (GEPS)—Non-Published Rates 13 19. Priority Mail & First-Class Package No. 4369), added January 12, 2018. (MC2018–125 and CP2018–170) (Order Service Contract 70 (MC2018–85 and 39. Priority Mail Contract 410 No. 4423), added February 28, 2018. CP2018–127) (Order No. 4346), added (MC2018–105 and CP2018–147) (Order 60. Priority Mail Contract 422 January 5, 2018. No. 4370), added January 12, 2018. (MC2018–126 and CP2018–172) (Order 20. Priority Mail Express & Priority 40. Priority Mail Contract 411 No. 4427), added March 6, 2018. Mail Contract 56 (MC2018–86 and (MC2018–106 and CP2018–148) (Order 61. Priority Mail & First-Class Package CP2018–128) (Order No. 4348), added No. 4371), added January 12, 2018. Service Contract 76 (MC2018–127 and January 8, 2018. 41. Priority Mail Contract 412 CP2018–173) (Order No. 4429), added 21. Priority Mail Express & Priority (MC2018–107 and CP2018–149) (Order March 9, 2018. Mail Contract 57 (MC2018–87 and No. 4372), added January 12, 2018. 62. Priority Mail Contract 423 CP2018–129) (Order No. 4349), added 42. Priority Mail Contract 415 (MC2018–128 and CP2018–178) (Order January 8, 2018. (MC2018–110 and CP2018–152) (Order No. 4436), added March 20, 2018. 22. Priority Mail Express & Priority No. 4373), added January 16, 2018. 63. Priority Mail Express & Priority Mail Contract 58 (MC2018–88 and 43. Priority Mail Contract 416 Mail Contract 62 (MC2018–129 and CP2018–130) (Order No. 4350), added (MC2018–111 and CP2018–153) (Order CP2018–179) (Order No. 4437), added January 8, 2018. No. 4374), added January 16, 2018. March 20, 2018. 23. Priority Mail Express & Priority 44. Priority Mail Express Contract 61 64. Priority Mail Contract 424 Mail Contract 59 (MC2018–89 and (MC2018–113 and CP2018–155) (Order (MC2018–130 and CP2018–180) (Order CP2018–131) (Order No. 4351), added No. 4375), added January 16, 2018. No. 4438), added March 20, 2018. January 8, 2018. 45. Priority Mail Contract 418 65. Priority Mail Contract 425 24. Priority Mail Express, Priority (MC2018–116 and CP2018–158) (Order (MC2018–131 and CP2018–182) (Order Mail & First-Class Package Service No. 4378), added January 17, 2018. No. 4445), added March 27, 2018. Contract 32 (MC2018–90 and CP2018– 46. Priority Mail Contract 420 66. Priority Mail Express & Priority 132) (Order No. 4353), added January 9, (MC2018–118 and CP2018–160) (Order Mail Contract 63 (MC2018–132 and 2018. No. 4379), added January 17, 2018. CP2018–183) (Order No. 4446), added 25. Priority Mail Express Contract 58 47. Priority Mail Contract 417 March 27, 2018. (MC2018–91 and CP2018–133) (Order (MC2018–112 and CP2018–154) (Order The following negotiated service No. 4354), added January 9, 2018. No. 4380), added January 17, 2018. agreements have expired, or have been
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terminated early, and are being deleted USPS Retail Ground Priority Mail Contract 140 from the Competitive Product List: International Products * Priority Mail Contract 141 Priority Mail Contract 144 1. Priority Mail Contract 85 (MC2014– Outbound International Expedited Services 34 and CP2014–60) (Order No. 2141). Priority Mail Contract 145 Inbound Parcel Post (at UPU rates) Priority Mail Contract 146 2. Priority Mail Contract 93 (MC2014– Outbound Priority Mail International Priority Mail Contract 148 47 and CP2014–83) (Order No. 2203). International Priority Airmail (IPA) Priority Mail Contract 149 3. Priority Mail Contract 98 (MC2015– International Surface Air List (ISAL) Priority Mail Contract 150 6 and CP2015–7) (Order No. 2241). International Direct Sacks—M-Bags Priority Mail Contract 153 4. Priority Mail Express Contract 20 Outbound Single-Piece First-Class Package Priority Mail Contract 154 (MC2015–12 and CP2015–15) (Order International Service Priority Mail Contract 155 No. 2273). Negotiated Service Agreements * Priority Mail Contract 156 5. Priority Mail Contract 99 (MC2015– Domestic * Priority Mail Contract 157 9 and CP2015–12) (Order No. 2276). Priority Mail Express Contract 16 Priority Mail Contract 158 Priority Mail Express Contract 23 Priority Mail Contract 159 6. Priority Mail Contract 106 Priority Mail Contract 160 (MC2015–25 and CP2015–34) (Order Priority Mail Express Contract 26 Priority Mail Express Contract 27 Priority Mail Contract 161 No. 2355). Priority Mail Contract 163 7. Priority Mail Contract 107 Priority Mail Express Contract 28 Priority Mail Express Contract 29 Priority Mail Contract 164 (MC2015–26 and CP2015–35) (Order Priority Mail Express Contract 30 Priority Mail Contract 166 No. 2356). Priority Mail Express Contract 31 Priority Mail Contract 167 8. Priority Mail Contract 113 Priority Mail Express Contract 32 Priority Mail Contract 168 (MC2015–33 and CP2015–43) (Order Priority Mail Express Contract 34 Priority Mail Contract 169 No. 2371). Priority Mail Express Contract 35 Priority Mail Contract 170 9. Priority Mail Contract 117 Priority Mail Express Contract 36 Priority Mail Contract 171 Priority Mail Express Contract 37 Priority Mail Contract 172 (MC2015–37 and CP2015–48) (Order Priority Mail Contract 174 No. 2396). Priority Mail Express Contract 38 Priority Mail Express Contract 39 Priority Mail Contract 175 10. Priority Mail Contract 115 Priority Mail Express Contract 40 Priority Mail Contract 176 (MC2015–35 and CP2015–46) (Order Priority Mail Express Contract 41 Priority Mail Contract 177 No. 2399). Priority Mail Express Contract 42 Priority Mail Contract 178 11. Priority Mail Express & Priority Priority Mail Express Contract 43 Priority Mail Contract 179 Mail Contract 40 (MC2017–64 and Priority Mail Express Contract 44 Priority Mail Contract 180 CP2017–92) (Order No. 3728). Priority Mail Express Contract 45 Priority Mail Contract 181 12. Priority Mail Contract 296 Priority Mail Express Contract 46 Priority Mail Contract 185 (MC2017–94 and CP2017–129) (Order Priority Mail Express Contract 47 Priority Mail Contract 186 Priority Mail Contract 188 No. 3815). Priority Mail Express Contract 48 Priority Mail Express Contract 49 Priority Mail Contract 189 Updated product list. The referenced Priority Mail Express Contract 50 Priority Mail Contract 190 changes to the competitive product list Priority Mail Express Contract 51 Priority Mail Contract 191 is incorporated into 39 CFR Appendix B Priority Mail Express Contract 52 Priority Mail Contract 192 to Subpart A of Part 3020—Competitive Priority Mail Express Contract 53 Priority Mail Contract 193 Product List. Priority Mail Express Contract 54 Priority Mail Contract 194 Priority Mail Express Contract 55 Priority Mail Contract 195 List of Subjects in 39 CFR Part 3020 Priority Mail Express Contract 56 Priority Mail Contract 196 Administrative practice and Priority Mail Express Contract 57 Priority Mail Contract 197 procedure, Postal Service. Priority Mail Express Contract 58 Priority Mail Contract 198 Priority Mail Contract 199 For the reasons discussed in the Priority Mail Express Contract 59 Priority Mail Express Contract 60 Priority Mail Contract 200 preamble, the Postal Regulatory Priority Mail Express Contract 61 Priority Mail Contract 201 Commission amends chapter III of title Parcel Return Service Contract 5 Priority Mail Contract 202 39 of the Code of Federal Regulations as Parcel Return Service Contract 6 Priority Mail Contract 203 follows: Parcel Return Service Contract 7 Priority Mail Contract 204 Parcel Return Service Contract 8 Priority Mail Contract 205 PART 3020—PRODUCT LISTS Parcel Return Service Contract 9 Priority Mail Contract 206 Parcel Return Service Contract 10 Priority Mail Contract 207 ■ 1. The authority citation for part 3020 Priority Mail Contract 77 Priority Mail Contract 208 continues to read as follows: Priority Mail Contract 78 Priority Mail Contract 209 Priority Mail Contract 80 Priority Mail Contract 210 Authority: 39 U.S.C. 503; 3622; 3631; Priority Mail Contract 94 Priority Mail Contract 211 3642; 3682. Priority Mail Contract 110 Priority Mail Contract 212 ■ 2. Revise Appendix B to Subpart A of Priority Mail Contract 111 Priority Mail Contract 213 Part 3020—Competitive Product List to Priority Mail Contract 119 Priority Mail Contract 215 read as follows: Priority Mail Contract 121 Priority Mail Contract 216 Priority Mail Contract 123 Priority Mail Contract 217 Appendix B to Subpart A of Part 3020— Priority Mail Contract 125 Priority Mail Contract 218 Competitive Product List Priority Mail Contract 126 Priority Mail Contract 219 (An asterisk (*) indicates an organizational Priority Mail Contract 127 Priority Mail Contract 220 group, not a Postal Service product.) Priority Mail Contract 130 Priority Mail Contract 221 Priority Mail Contract 131 Priority Mail Contract 222 Domestic Products * Priority Mail Contract 132 Priority Mail Contract 223 Priority Mail Express Priority Mail Contract 133 Priority Mail Contract 224 Priority Mail Priority Mail Contract 134 Priority Mail Contract 225 Parcel Select Priority Mail Contract 136 Priority Mail Contract 226 Parcel Return Service Priority Mail Contract 137 Priority Mail Contract 227 First-Class Package Service Priority Mail Contract 138 Priority Mail Contract 229
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Priority Mail Contract 230 Priority Mail Contract 308 Priority Mail Contract 385 Priority Mail Contract 231 Priority Mail Contract 309 Priority Mail Contract 386 Priority Mail Contract 232 Priority Mail Contract 310 Priority Mail Contract 387 Priority Mail Contract 233 Priority Mail Contract 311 Priority Mail Contract 388 Priority Mail Contract 234 Priority Mail Contract 312 Priority Mail Contract 389 Priority Mail Contract 235 Priority Mail Contract 313 Priority Mail Contract 390 Priority Mail Contract 236 Priority Mail Contract 314 Priority Mail Contract 391 Priority Mail Contract 237 Priority Mail Contract 315 Priority Mail Contract 392 Priority Mail Contract 238 Priority Mail Contract 316 Priority Mail Contract 393 Priority Mail Contract 239 Priority Mail Contract 317 Priority Mail Contract 394 Priority Mail Contract 240 Priority Mail Contract 318 Priority Mail Contract 395 Priority Mail Contract 242 Priority Mail Contract 319 Priority Mail Contract 396 Priority Mail Contract 243 Priority Mail Contract 320 Priority Mail Contract 397 Priority Mail Contract 244 Priority Mail Contract 321 Priority Mail Contract 398 Priority Mail Contract 245 Priority Mail Contract 322 Priority Mail Contract 399 Priority Mail Contract 246 Priority Mail Contract 323 Priority Mail Contract 400 Priority Mail Contract 247 Priority Mail Contract 324 Priority Mail Contract 401 Priority Mail Contract 248 Priority Mail Contract 325 Priority Mail Contract 402 Priority Mail Contract 249 Priority Mail Contract 326 Priority Mail Contract 403 Priority Mail Contract 250 Priority Mail Contract 327 Priority Mail Contract 404 Priority Mail Contract 251 Priority Mail Contract 328 Priority Mail Contract 405 Priority Mail Contract 252 Priority Mail Contract 329 Priority Mail Contract 406 Priority Mail Contract 253 Priority Mail Contract 330 Priority Mail Contract 407 Priority Mail Contract 254 Priority Mail Contract 331 Priority Mail Contract 408 Priority Mail Contract 255 Priority Mail Contract 332 Priority Mail Contract 409 Priority Mail Contract 256 Priority Mail Contract 333 Priority Mail Contract 410 Priority Mail Contract 257 Priority Mail Contract 334 Priority Mail Contract 411 Priority Mail Contract 258 Priority Mail Contract 335 Priority Mail Contract 412 Priority Mail Contract 259 Priority Mail Contract 336 Priority Mail Contract 413 Priority Mail Contract 260 Priority Mail Contract 337 Priority Mail Contract 414 Priority Mail Contract 415 Priority Mail Contract 261 Priority Mail Contract 338 Priority Mail Contract 416 Priority Mail Contract 262 Priority Mail Contract 339 Priority Mail Contract 417 Priority Mail Contract 263 Priority Mail Contract 340 Priority Mail Contract 418 Priority Mail Contract 264 Priority Mail Contract 341 Priority Mail Contract 419 Priority Mail Contract 265 Priority Mail Contract 342 Priority Mail Contract 420 Priority Mail Contract 266 Priority Mail Contract 343 Priority Mail Contract 421 Priority Mail Contract 267 Priority Mail Contract 344 Priority Mail Contract 422 Priority Mail Contract 268 Priority Mail Contract 345 Priority Mail Contract 423 Priority Mail Contract 269 Priority Mail Contract 346 Priority Mail Contract 424 Priority Mail Contract 270 Priority Mail Contract 347 Priority Mail Contract 425 Priority Mail Contract 271 Priority Mail Contract 348 Priority Mail Express & Priority Mail Priority Mail Contract 272 Priority Mail Contract 349 Contract 12 Priority Mail Contract 273 Priority Mail Contract 350 Priority Mail Express & Priority Mail Priority Mail Contract 274 Priority Mail Contract 351 Contract 13 Priority Mail Contract 275 Priority Mail Contract 352 Priority Mail Express & Priority Mail Priority Mail Contract 276 Priority Mail Contract 353 Contract 17 Priority Mail Contract 277 Priority Mail Contract 354 Priority Mail Express & Priority Mail Priority Mail Contract 278 Priority Mail Contract 355 Contract 18 Priority Mail Contract 279 Priority Mail Contract 356 Priority Mail Express & Priority Mail Priority Mail Contract 280 Priority Mail Contract 357 Contract 19 Priority Mail Contract 281 Priority Mail Contract 358 Priority Mail Express & Priority Mail Priority Mail Contract 282 Priority Mail Contract 359 Contract 20 Priority Mail Contract 283 Priority Mail Contract 360 Priority Mail Express & Priority Mail Priority Mail Contract 284 Priority Mail Contract 361 Contract 21 Priority Mail Contract 285 Priority Mail Contract 362 Priority Mail Express & Priority Mail Priority Mail Contract 286 Priority Mail Contract 363 Contract 22 Priority Mail Contract 287 Priority Mail Contract 364 Priority Mail Express & Priority Mail Priority Mail Contract 288 Priority Mail Contract 365 Contract 23 Priority Mail Contract 289 Priority Mail Contract 367 Priority Mail Express & Priority Mail Priority Mail Contract 290 Priority Mail Contract 368 Contract 24 Priority Mail Contract 291 Priority Mail Contract 369 Priority Mail Express & Priority Mail Priority Mail Contract 292 Priority Mail Contract 370 Contract 25 Priority Mail Contract 293 Priority Mail Contract 371 Priority Mail Express & Priority Mail Priority Mail Contract 294 Priority Mail Contract 372 Contract 27 Priority Mail Contract 295 Priority Mail Contract 373 Priority Mail Express & Priority Mail Priority Mail Contract 297 Priority Mail Contract 374 Contract 28 Priority Mail Contract 298 Priority Mail Contract 375 Priority Mail Express & Priority Mail Priority Mail Contract 299 Priority Mail Contract 376 Contract 29 Priority Mail Contract 300 Priority Mail Contract 377 Priority Mail Express & Priority Mail Priority Mail Contract 301 Priority Mail Contract 378 Contract 30 Priority Mail Contract 302 Priority Mail Contract 379 Priority Mail Express & Priority Mail Priority Mail Contract 303 Priority Mail Contract 380 Contract 31 Priority Mail Contract 304 Priority Mail Contract 381 Priority Mail Express & Priority Mail Priority Mail Contract 305 Priority Mail Contract 382 Contract 32 Priority Mail Contract 306 Priority Mail Contract 383 Priority Mail Express & Priority Mail Priority Mail Contract 307 Priority Mail Contract 384 Contract 33
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Priority Mail Express & Priority Mail Parcel Select Contract 19 Priority Mail Express, Priority Mail & First- Contract 34 Parcel Select Contract 20 Class Package Service Contract 11 Priority Mail Express & Priority Mail Parcel Select Contract 21 Priority Mail Express, Priority Mail & First- Contract 35 Parcel Select Contract 22 Class Package Service Contract 12 Priority Mail Express & Priority Mail Parcel Select Contract 23 Priority Mail Express, Priority Mail & First- Contract 36 Parcel Select Contract 24 Class Package Service Contract 13 Priority Mail Express & Priority Mail Parcel Select Contract 25 Priority Mail Express, Priority Mail & First- Contract 37 Parcel Select Contract 26 Class Package Service Contract14 Priority Mail Express & Priority Mail Parcel Select Contract 27 Priority Mail Express, Priority Mail & First- Contract 38 Parcel Select Contract 28 Class Package Service Contract 15 Priority Mail Express & Priority Mail Parcel Select Contract 29 Priority Mail Express, Priority Mail & First- Contract 39 Parcel Select Contract 30 Class Package Service Contract 16 Priority Mail Express & Priority Mail Priority Mail—Non-Published Rates Priority Mail Express, Priority Mail & First- Contract 41 Priority Mail—Non-Published Rates 1 Class Package Service Contract 17 Priority Mail Express & Priority Mail First-Class Package Service Contract 38 Priority Mail Express, Priority Mail & First- Contract 42 First-Class Package Service Contract 39 Class Package Service Contract 18 Priority Mail Express & Priority Mail First-Class Package Service Contract 40 Priority Mail Express, Priority Mail & First- Contract 43 First-Class Package Service Contract 41 Class Package Service Contract 19 Priority Mail Express & Priority Mail First-Class Package Service Contract 42 Priority Mail Express, Priority Mail & First- Contract 44 First-Class Package Service Contract 43 Class Package Service Contract 20 Priority Mail Express & Priority Mail First-Class Package Service Contract 44 Priority Mail Express, Priority Mail & First- Contract 45 First-Class Package Service Contract 45 Class Package Service Contract 21 Priority Mail Express & Priority Mail First-Class Package Service Contract 46 Priority Mail Express, Priority Mail & First- Contract 46 First-Class Package Service Contract 47 Class Package Service Contract 22 Priority Mail Express & Priority Mail First-Class Package Service Contract 48 Priority Mail Express, Priority Mail & First- Contract 47 First-Class Package Service Contract 49 Class Package Service Contract 23 Priority Mail Express & Priority Mail First-Class Package Service Contract 50 Priority Mail Express, Priority Mail & First- Contract 48 First-Class Package Service Contract 51 Class Package Service Contract 24 Priority Mail Express & Priority Mail First-Class Package Service Contract 52 Priority Mail Express, Priority Mail & First- Contract 49 First-Class Package Service Contract 53 Class Package Service Contract 25 Priority Mail Express & Priority Mail First-Class Package Service Contract 54 Priority Mail Express, Priority Mail & First- First-Class Package Service Contract 55 Contract 50 Class Package Service Contract 26 First-Class Package Service Contract 57 Priority Mail Express & Priority Mail Priority Mail Express, Priority Mail & First- First-Class Package Service Contract 59 Contract 51 Class Package Service Contract 27 First-Class Package Service Contract 60 Priority Mail Express & Priority Mail Priority Mail Express, Priority Mail & First- First-Class Package Service Contract 61 Class Package Service Contract 28 Contract 52 First-Class Package Service Contract 62 Priority Mail Express, Priority Mail & First- Priority Mail Express & Priority Mail First-Class Package Service Contract 63 Class Package Service Contract 29 Contract 53 First-Class Package Service Contract 64 Priority Mail Express & Priority Mail First-Class Package Service Contract 65 Priority Mail Express, Priority Mail & First- Contract 54 First-Class Package Service Contract 66 Class Package Service Contract 30 Priority Mail Express & Priority Mail First-Class Package Service Contract 67 Priority Mail Express, Priority Mail & First- Contract 55 First-Class Package Service Contract 68 Class Package Service Contract 31 Priority Mail Express & Priority Mail First-Class Package Service Contract 69 Priority Mail Express, Priority Mail & First- Contract 56 First-Class Package Service Contract 71 Class Package Service Contract 32 Priority Mail Express & Priority Mail First-Class Package Service Contract 72 Priority Mail & First-Class Package Service Contract 57 First-Class Package Service Contract 73 Contract 2 Priority Mail Express & Priority Mail First-Class Package Service Contract 74 Priority Mail & First-Class Package Service Contract 58 First-Class Package Service Contract 75 Contract 4 Priority Mail Express & Priority Mail First-Class Package Service Contract 76 Priority Mail & First-Class Package Service Contract 59 First-Class Package Service Contract 77 Contract 6 Priority Mail Express & Priority Mail First-Class Package Service Contract 78 Priority Mail & First-Class Package Service Contract 60 First-Class Package Service Contract 79 Contract 7 Priority Mail Express & Priority Mail First-Class Package Service Contract 80 Priority Mail & First-Class Package Service Contract 61 First-Class Package Service Contract 81 Contract 8 Priority Mail Express & Priority Mail First-Class Package Service Contract 82 Priority Mail & First-Class Package Service Contract 62 First-Class Package Service Contract 83 Contract 9 Priority Mail Express & Priority Mail First-Class Package Service Contract 84 Priority Mail & First-Class Package Service Contract 63 First-Class Package Service Contract 85 Contract 10 Parcel Select & Parcel Return Service First-Class Package Service Contract 86 Priority Mail & First-Class Package Service Contract 3 First-Class Package Service Contract 87 Contract 11 Parcel Select & Parcel Return Service First-Class Package Service Contract 88 Priority Mail & First-Class Package Service Contract 5 First-Class Package Service Contract 89 Contract 13 Parcel Select & Parcel Return Service First-Class Package Service Contract 90 Priority Mail & First-Class Package Service Contract 6 First-Class Package Service Contract 91 Contract 15 Parcel Select Contract 2 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 8 Class Package Service Contract 5 Contract 16 Parcel Select Contract 9 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 10 Class Package Service Contract 6 Contract 17 Parcel Select Contract 11 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 12 Class Package Service Contract 7 Contract 18 Parcel Select Contract 13 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 14 Class Package Service Contract 8 Contract 19 Parcel Select Contract 15 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 16 Class Package Service Contract 9 Contract 20 Parcel Select Contract 17 Priority Mail Express, Priority Mail & First- Priority Mail & First-Class Package Service Parcel Select Contract 18 Class Package Service Contract 10 Contract 21
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Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 22 Contract 60 (GEPS)—Non-Published Rates 6 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 23 Contract 61 (GEPS)—Non-Published Rates 7 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 24 Contract 62 (GEPS)—Non-Published Rates 8 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 25 Contract 63 (GEPS)—Non-Published Rates 9 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 26 Contract 64 (GEPS)—Non-Published Rates 10 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 27 Contract 65 (GEPS)—Non-Published Rates 11 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 28 Contract 66 (GEPS)—Non-Published Rates 12 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Global Expedited Package Services Contract 29 Contract 67 (GEPS)—Non-Published Rates 13 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Priority Mail International Regional Rate Contract 30 Contract 68 Boxes—Non-Published Rates Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Outbound Competitive International Contract 31 Contract 69 Merchandise Return Service Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Agreement with Royal Mail Group, Ltd. Contract 32 Contract 70 Priority Mail International Regional Rate Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Boxes Contracts Contract 33 Contract 71 Priority Mail International Regional Rate Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Boxes Contracts 1 Contract 34 Contract 72 Competitive International Merchandise Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Return Service Agreements with Foreign Contract 35 Contract 73 Postal Operators 1 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Competitive International Merchandise Contract 36 Contract 74 Return Service Agreements with Foreign Postal Operators 1 Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Competitive International Merchandise Contract 37 Contract 75 Return Service Agreements with Foreign Priority Mail & First-Class Package Service Priority Mail & First-Class Package Service Postal Operators 2 Contract 38 Contract 76 Alternative Delivery Provider (ADP) Priority Mail & First-Class Package Service Priority Mail & Parcel Select Contract 1 Contracts ADP 1 Contract 39 Priority Mail & Parcel Select Contract 2 Alternative Delivery Provider Reseller Priority Mail & First-Class Package Service Priority Mail Express & First-Class Package (ADPR) Contracts ADPR 1 Contract 40 Service Contract 1 Priority Mail & First-Class Package Service Priority Mail Express & First-Class Package Inbound International * Contract 41 Service Contract 2 International Business Reply Service (IBRS) Priority Mail & First-Class Package Service Outbound International * Competitive Contracts Contract 42 International Business Reply Service Priority Mail & First-Class Package Service Global Expedited Package Services (GEPS) Competitive Contract 1 Contract 43 Contracts International Business Reply Service Priority Mail & First-Class Package Service GEPS 3 Competitive Contract 3 Contract 44 GEPS 5 Inbound Direct Entry Contracts with Priority Mail & First-Class Package Service GEPS 6 Customers Contract 45 GEPS 7 Inbound Direct Entry Contracts with Foreign Priority Mail & First-Class Package Service GEPS 8 Postal Administrations Contract 46 GEPS 9 Inbound Direct Entry Contracts with Priority Mail & First-Class Package Service Global Bulk Economy (GBE) Contracts Foreign Postal Administrations Contract 47 Global Plus Contracts Inbound Direct Entry Contracts with Priority Mail & First-Class Package Service Global Plus 1C Foreign Postal Administrations 1 Contract 48 Global Plus 1D Inbound EMS Priority Mail & First-Class Package Service Global Plus 1E Inbound EMS 2 Contract 49 Global Plus 2C Inbound Air Parcel Post (at non-UPU rates) Priority Mail & First-Class Package Service Global Plus 3 Royal Mail Group Inbound Air Parcel Post Contract 50 Global Reseller Expedited Package Contracts Agreement Priority Mail & First-Class Package Service Global Reseller Expedited Package Services Inbound Competitive Multi-Service Contract 51 1 Agreements with Foreign Postal Priority Mail & First-Class Package Service Global Reseller Expedited Package Services Operators Contract 52 2 Inbound Competitive Multi-Service Priority Mail & First-Class Package Service Global Reseller Expedited Package Services Agreements with Foreign Postal Contract 53 3 Operators 1 Priority Mail & First-Class Package Service Global Reseller Expedited Package Services Contract 54 4 Special Services * Priority Mail & First-Class Package Service Global Expedited Package Services (GEPS)— Address Enhancement Services Contract 55 Non-Published Rates Greeting Cards, Gift Cards, and Stationery Priority Mail & First-Class Package Service Global Expedited Package Services International Ancillary Services Contract 56 (GEPS)—Non-Published Rates 2 International Money Transfer Service— Priority Mail & First-Class Package Service Global Expedited Package Services Outbound Contract 57 (GEPS)—Non-Published Rates 3 International Money Transfer Service— Priority Mail & First-Class Package Service Global Expedited Package Services Inbound Contract 58 (GEPS)—Non-Published Rates 4 Premium Forwarding Service Priority Mail & First-Class Package Service Global Expedited Package Services Shipping and Mailing Supplies Contract 59 (GEPS)—Non-Published Rates 5 Post Office Box Service
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Competitive Ancillary Services submit electronically any information Texas Administrative Code (30 TAC), Nonpostal Services * you consider to be Confidential Chapter 111 (Control of Air Pollution Advertising Business Information (CBI) or other from Visible Emissions and Particulate Licensing of Intellectual Property other than information whose disclosure is Matter), Subchapter B (0utdoor Officially Licensed Retail Products restricted by statute. Multimedia Burning). The submitted revisions (OLRP) submissions (audio, video, etc.) must be address two sections within Chapter Mail Service Promotion accompanied by a written comment. 111: In section 111.203 (‘‘Definitions’’) Officially Licensed Retail Products (OLRP) The written comment is considered the and the State added a new section Passport Photo Service official comment and should include 111.217, titled ‘‘Requirements for Photocopying Service discussion of all points you wish to Certified and Insured Prescribed Burn Rental, Leasing, Licensing or other Non-Sale Managers.’’ Disposition of Tangible Property make. The EPA will generally not Training Facilities and Related Services consider comments or comment II. The EPA’s Evaluation USPS Electronic Postmark (EPM) Program contents located outside of the primary As described in the Technical Market Tests * submission (i.e. on the web, cloud, or other file sharing system). For Support Document (TSD) accompanying Customized Delivery additional submission methods, please this action, the TCEQ submitted Global eCommerce Marketplace (GeM) contact Mr. Randy Pitre, (214) 665– revisions to 30 TAC Chapter 111, Stacy L. Ruble, 7299, [email protected]. For the full Subchapter B, Sections 203 and 217. The submittal revises 30 TAC 111.203 Secretary. EPA public comment policy, information about CBI or multimedia by adding two definitions: ‘‘Certified [FR Doc. 2018–08845 Filed 4–26–18; 8:45 am] and Insured Prescribed Burn Manager’’ BILLING CODE 7710–FW–P submissions, and general guidance on making effective comments, please visit and ‘‘Sunrise/Sunset.’’ These new http://www2.epa.gov/dockets/ definitions enhance the SIP by commenting-epa-dockets. establishing a responsible party for ENVIRONMENTAL PROTECTION prescribed fire management and add AGENCY Docket: The index to the docket for this action is available electronically at clarity. Additional edits include renumbering to account for the new 40 CFR Part 52 www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, definitions and minor edits that add [EPA–R06–OAR–2017–0519; FRL–9977– Suite 700, Dallas, Texas. While all specificity. 04—Region 6] documents in the docket are listed in The submittal also revises 30 TAC 111 the index, some information may be by adding Section 217: ‘‘Requirements Approval and Promulgation of for Certified and Insured Prescribed Implementation Plans; Texas; Control publicly available only at the hard copy location (e.g., copyrighted material), and Burn Managers.’’ This section describes of Air Pollution From Visible the obligations regarding authority to Emissions and Particulate Matter some may not be publicly available at either location (e.g., CBI). direct a burn, allowable habitats for a burn, notification procedures, proximity AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Mr. Agency (EPA). to city/town limits, local ordinances, Randy Pitre, 214–665–7299, meteorological and temporal conditions, ACTION: Direct final rule. [email protected]. To inspect the and items not permissible for burning. hard copy materials, please schedule an SUMMARY: Pursuant to the Federal Clean These revisions are consistent with appointment with Mr. Randy Pitre or Air Act (CAA), the Environmental Table 1 to 40 CFR 50.14. Mr. Bill Deese at 214–665–7253. Protection Agency (EPA) is approving Because these revisions include revisions to the Texas State SUPPLEMENTARY INFORMATION: requirements that protect public health Implementation Plan (SIP) submitted by Throughout this document ‘‘we,’’ ‘‘us,’’ and property, and reduce or eliminate the State of Texas to EPA on August 23, and ‘‘our’’ means the EPA. an impact from prescribed burning on 2017, that pertain to particulate matter I. Background the NAAQS, they improve the SIP. For standards and outdoor burning these reasons, we do not believe such Section 110 of the CAA requires states regulations. This rulemaking action is revisions would interfere with to develop and submit to the EPA a SIP being taken under Section 110 of the attainment of the NAAQS, reasonable to ensure that state air quality meets CAA. further progress, or any other applicable National Ambient Air Quality Standards requirement of the CAA, and we find DATES: This rule is effective on July 26, (NAAQS). These ambient standards these revisions approvable. For more 2018 without further notice, unless the currently address six criteria pollutants: detail, please see the TSD for this EPA receives relevant adverse comment Carbon monoxide, nitrogen dioxide, action. by May 29, 2018. If the EPA receives ozone, lead, particulate matter, and such comment, the EPA will publish a sulfur dioxide. Each federally-approved III. Final Action timely withdrawal in the Federal SIP protects air quality primarily by We are approving the August 23, Register informing the public that this addressing air pollution at its point of 2017, submittal that adopted rule will not take effect. origin through air pollution regulations amendments to the Texas SIP at 30 TAC ADDRESSES: Submit your comments, and control strategies. The EPA Section 111.203 and 30 TAC Section identified by Docket No. EPA–R06– approved SIP regulations and control 111.217. OAR–2017–0519, at http:// strategies are federally enforceable. The EPA is publishing this rule www.regulations.gov or via email to On August 23, 2017, the Texas without prior proposal because we view [email protected]. Follow the online Commission on Environmental Quality this as a non-controversial amendment instructions for submitting comments. (TCEQ or ‘‘the State’’) submitted and anticipate no adverse comments. Once submitted, comments cannot be revisions to the Texas SIP that address However, in the proposed rules section edited or removed from Regulations.gov. Control of Air Pollution from Visible of this Federal Register publication, we The EPA may publish any comment Emissions and Particulate Matter are publishing a separate document that received to its public docket. Do not requirements found in Title 30 of the will serve as the proposal to approve the
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SIP revision if relevant adverse • Is not a ‘‘significant regulatory copy of the rule, to each House of the comments are received. This rule will action’’ subject to review by the Office Congress and to the Comptroller General be effective on July 26, 2018 without of Management and Budget under of the United States. The EPA will further notice unless we receive relevant Executive Orders 12866 (58 FR 51735, submit a report containing this rule and adverse comment by May 29, 2018. If October 4, 1993) and 13563 (76 FR 3821, other required information to the U.S. we receive relevant adverse comments, January 21, 2011); Senate, the U.S. House of we will publish a timely withdrawal in • Is not an Executive Order 13771 (82 Representatives, and the Comptroller the Federal Register informing the FR 9339, February 2, 2017) regulatory General of the United States prior to public that the rule will not take effect. action because SIP approvals are publication of the rule in the Federal We will address all public comments in exempted under Executive Order 12866; Register. A major rule cannot take effect • a subsequent final rule based on the Does not impose an information until 60 days after it is published in the proposed rule. We will not institute a collection burden under the provisions Federal Register. This action is not a second comment period on this action. of the Paperwork Reduction Act (44 ‘‘major rule’’ as defined by 5 U.S.C. Any parties interested in commenting U.S.C. 3501 et seq.); 804(2). must do so now. Please note that if we • Is certified as not having a Under section 307(b)(1) of the CAA, receive relevant adverse comment on an significant economic impact on a petitions for judicial review of this amendment, paragraph, or section of substantial number of small entities action must be filed in the United States this rule and if that provision may be under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate severed from the remainder of the rule, U.S.C. 601 et seq.); circuit by June 26, 2018. Filing a we may adopt as final those provisions • Does not contain any unfunded petition for reconsideration by the of the rule that are not the subject of an mandate or significantly or uniquely Administrator of this final rule does not adverse comment. affect small governments, as described in the Unfunded Mandates Reform Act affect the finality of this rule for the IV. Incorporation by Reference of 1995 (Pub. L. 104–4); purposes of judicial review nor does it In this rule, the EPA is finalizing • Does not have Federalism extend the time within which a petition regulatory text that includes implications as specified in Executive for judicial review may be filed, and incorporation by reference. In Order 13132 (64 FR 43255, August 10, shall not postpone the effectiveness of accordance with requirements of 1 CFR 1999); such rule or action. This action may not 51.5, the EPA is finalizing the • Is not an economically significant be challenged later in proceedings to incorporation by reference of the regulatory action based on health or enforce its requirements. (See section revisions to the Texas regulations as safety risks subject to Executive Order 307(b)(2).) 13045 (62 FR 19885, April 23, 1997); described in the Final Action section List of Subjects in 40 CFR Part 52 above. The EPA has made, and will • Is not a significant regulatory action continue to make, these materials subject to Executive Order 13211 (66 FR Environmental protection, Air generally available through 28355, May 22, 2001); • pollution control, Incorporation by www.regulations.gov and at the EPA Is not subject to requirements of reference, Particulate matter, Reporting Region 6 Office (please contact Mr. section 12(d) of the National and recordkeeping requirements. Randy Pitre, 214–665–7299, Technology Transfer and Advancement [email protected] for more Act of 1995 (15 U.S.C. 272 note) because Dated: April 19, 2018. information). Therefore, these materials application of those requirements would Anne Idsal, have been approved by EPA for be inconsistent with the CAA; and Regional Administrator, Region 6. • inclusion in the SIP, have been Does not provide EPA with the incorporated by reference by EPA into discretionary authority to address, as 40 CFR part 52 is amended as follows: that plan, are fully federally enforceable appropriate, disproportionate human PART 52—APPROVAL AND under sections 110 and 113 of the CAA health or environmental effects, using PROMULGATION OF as of the effective date of the final practicable and legally permissible IMPLEMENTATION PLANS rulemaking of EPA’s approval, and will methods, under Executive Order 12898 be incorporated by reference in the next (59 FR 7629, February 16, 1994). update to the SIP compilation. In addition, the SIP is not approved ■ 1. The authority citation for part 52 to apply on any Indian reservation land continues to read as follows: V. Statutory and Executive Order or in any other area where EPA or an Authority: 42 U.S.C. 7401 et seq. Reviews Indian tribe has demonstrated that a Under the CAA, the Administrator is tribe has jurisdiction. In those areas of Subpart SS—Texas required to approve a SIP submission Indian country, the rule does not have that complies with the provisions of the tribal implications and will not impose ■ 2. In § 52.2270(c) the table titled ‘‘EPA CAA and applicable Federal regulations. substantial direct costs on tribal Approved Regulations in the Texas SIP’’ 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as is amended by revising the entry for Thus, in reviewing SIP submissions, the specified by Executive Order 13175 (65 section 111.203 under Chapter 111, EPA’s role is to approve state choices, FR 67249, November 9, 2000). Subchapter B and adding an entry for provided that they meet the criteria of The Congressional Review Act, 5 section 111.217. the CAA. Accordingly, this action U.S.C. 801 et seq., as added by the Small merely approves state law as meeting Business Regulatory Enforcement The amendments read as follows: Federal requirements and does not Fairness Act of 1996, generally provides § 52.2270 Identification of plan. impose additional requirements beyond that before a rule may take effect, the those imposed by state law. For that agency promulgating the rule must * * * * * reason, this action: submit a rule report, which includes a (c) * * *
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State approval/ State citation Title/subject submittal EPA approval date Explanation date
*******
Subchapter B: Outdoor Burning
******* Section 111.203 ...... Definitions ...... 7/7/2017 4/27/2018, [Insert Federal Reg- ister citation].
******* Section 111.217 ...... Requirements for Certified and 7/7/2017 4/27/2018, [Insert Federal Reg- Insured Prescribed Burn Man- ister citation]. agers.
*******
* * * * * substitute substance’’ and remanded the I. General Information [FR Doc. 2018–08662 Filed 4–26–18; 8:45 am] rule to EPA for further proceedings. A. Does this action apply to me? BILLING CODE 6560–50–P This document provides guidance to stakeholders that, based on the court’s This document provides information partial vacatur, in the near-term EPA related to the EPA’s Significant New ENVIRONMENTAL PROTECTION will not apply the HFC listings in the Alternatives Policy (SNAP) program AGENCY final rule (2015 Rule) issued on July 20, 2015 Rule, pending a rulemaking. This 2015 (80 FR 42870), and the decision of document also provides the Agency’s 40 CFR Part 82 the Court of Appeals for the District of plan to begin a notice-and-comment Columbia Circuit in the case of [EPA–HQ–OAR–2003–0118; FRL–9977–05– rulemaking process to address the OAR] Mexichem Fluor, Inc. v. EPA, 866 F.3d remand of the 2015 Rule. The Agency is 451 (D.C. Cir. 2017). The 2015 Rule Protection of Stratospheric Ozone: also providing notice of a stakeholder changed the listings for certain Notification of Guidance and a meeting as part of the rulemaking hydrofluorocarbons (HFCs) in various Stakeholder Meeting Concerning the process. end-uses in the aerosols, refrigeration Significant New Alternatives Policy and air conditioning, and foam blowing DATES: EPA will hold a stakeholder (SNAP) Program sectors. The listings were changed from meeting on May 4, 2018 to enable acceptable, or acceptable subject to use AGENCY: Environmental Protection stakeholders to provide input as the conditions, to unacceptable, or Agency (EPA). Agency prepares to engage in acceptable subject to narrowed use ACTION: Notification of guidance and rulemaking to address the court’s limits (i.e., acceptable only for limited stakeholder meeting. remand of the 2015 Rule. The meeting uses for a specified period of time). The will be held at 9:30 a.m. to 12:30 p.m. 2015 Rule also changed the listings for SUMMARY: The U.S. Environmental ET on Friday, May 4, 2018 at EPA, certain hydrochlorofluorocarbons Protection Agency (EPA) is providing William Jefferson Clinton East Building, (HCFCs) being phased out of production this document to dispel confusion and Room 1153, 1201 Constitution Avenue under the Montreal Protocol on provide regulatory certainty for NW, Washington, DC 20004. Substances that Deplete the Ozone stakeholders affected by EPA’s Information concerning this meeting Layer (Montreal Protocol) and section Significant New Alternatives Policy will be available on the EPA website: 605 of the Clean Air Act (CAA). The program final rule issued on July 20, https://www.epa.gov/snap. Please RSVP court vacated the 2015 Rule ‘‘to the 2015, and the decision of the Court of for this meeting by contacting Chenise extent it requires manufacturers to Appeals for the District of Columbia Farquharson at farquharson.chenise@ replace HFCs with a substitute Circuit in the case of Mexichem Fluor, epa.gov by April 27, 2018. substance’’ and remanded the rule to Inc. v. EPA. The 2015 Rule changed the EPA for further proceedings. listings for certain hydrofluorocarbons FOR FURTHER INFORMATION CONTACT: Through this document, EPA is taking in various end-uses in the aerosols, Chenise Farquharson, Stratospheric three actions in response to the court’s refrigeration and air conditioning, and Protection Division, (6205T), decision: (1) Providing guidance to foam blowing sectors. It also changed Environmental Protection Agency, 1200 stakeholders on how EPA will the listings for certain Pennsylvania Ave. NW, Washington, DC implement the court’s partial vacatur of hydrochlorofluorocarbons being phased 20460; telephone number: (202) 564– the 2015 Rule in the near term, pending out of production under the Montreal 7768; email address: a rulemaking; (2) providing information Protocol on Substances that Deplete the [email protected]. on the Agency’s plan to address the Ozone Layer and section 605 of the court’s remand of the 2015 Rule through Clean Air Act. The court vacated the SUPPLEMENTARY INFORMATION: rulemaking; and (3) providing notice of 2015 Rule ‘‘to the extent it requires a stakeholder meeting to help inform the manufacturers to replace HFCs with a Agency as it begins developing a
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proposed rule in response to the court’s certainty in the near term for users in affected by the HFC listing changes in remand. EPA is issuing guidance to the refrigeration and air conditioning, the 2015 Rule; thus, this document may dispel confusion and provide regulatory foam blowing and aerosol end-uses be of interest to the following:
TABLE 1—POTENTIALLY REGULATED ENTITIES BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE
Category NAICS code Description of regulated entities
Industry ...... 238220 Plumbing, Heating, and Air Conditioning Contractors. Industry ...... 324191 Petroleum Lubricating Oil and Grease Manufacturing. Industry ...... 325199 All Other Basic Organic Chemical Manufacturing. Industry ...... 325412 Pharmaceutical Preparation Manufacturing. Industry ...... 325510 Paint and Coating Manufacturing. Industry ...... 325520 Adhesive Manufacturing. Industry ...... 325612 Polishes and Other Sanitation Goods. Industry ...... 325620 Toilet Preparation Manufacturing. Industry ...... 325998 All Other Misscellaneous Chemical Product and Preparation Manufacturing. Industry ...... 326140 Polystyrene Foam Product Manufacturing. Industry ...... 326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing. Industry ...... 333415 Air Conditioning and Warm Air Heating Equipment and Commerial and Industrial Refrigeration Equipment Manufacturing. Industry ...... 336211 Motor Vehicle Body Manufacturing. Industry ...... 3363 Motor Vehicle Parts Manufacturing. Industry ...... 336611 Ship Building and Repairing. Industry ...... 336612 Boat Building. Industry ...... 339113 Surgical Appliance and Supplies Manufacturing. Retail ...... 423620 Household Appliances, Electric Housewares, and Consumer Electronics Merchant Wholesalers. Retail ...... 423740 Refrigeration Equipment and Supplies Merchant Wholesalers. Retail ...... 44511 Supermarkets and Other Grocery (except Convenience) Stores. Retail ...... 445110 Supermarkets and Other Grocery (except Convenience) Stores. Retail ...... 445120 Convenience Stores. Retail ...... 44521 Meat Markets. Retail ...... 44522 Fish and Seafood Markets. Retail ...... 44523 Fruit and Vegetable Markets. Retail ...... 445291 Baked Goods Stores. Retail ...... 445292 Confectionary and Nut Stores. Retail ...... 445299 All Other Specialty Foods Stores. Retail ...... 4453 Beer, Wine, and Liqour Stores. Retail ...... 446110 Pharmacies and Drug Stores. Retail ...... 44711 Gasoline Stations with Convenience Stores. Retail ...... 452910 Warehouse Clubs and Supercenters. Retail ...... 452990 All Other General Merchandise Stores. Services ...... 72111 Hotels (except Casino Hotels) and Motels. Services ...... 72112 Casino Hotels. Retail ...... 72241 Drinking Places (Alcoholic Beverages). Retail ...... 722513 Limited-Service Restaurants. Retail ...... 722514 Cafeterias, Grill Buffets, and Buffets. Retail ...... 722515 Snack and Nonalcoholic Beverage Bars.
This list is not intended to be Monday through Friday, excluding legal the 2015 Rule in the near term, pending exhaustive, but rather provides a guide holidays. The telephone number for the a rulemaking; (2) providing information for readers regarding entities likely to be Public Reading Room is (202) 566–1744, on the Agency’s plan to address the interested in this document. and the telephone number for the Air court’s remand of the 2015 Rule through and Radiation Docket is (202) 566–1742. rulemaking; and (3) providing notice of B. How can I get copies of this document a stakeholder meeting to help inform the and other related material? 2. Electronic Access. You may access this Federal Register document Agency as it begins developing a 1. Docket. EPA has not established a electronically from the Government proposed rule in response to the court’s new docket for this document. Publicly Printing Office under the ‘‘Federal remand. As previously mentioned, EPA available information on the related Register’’ listings at FDSys (https:// is issuing this guidance to dispel 2015 Rule can be found under Docket ID www.gpo.gov/fdsys/browse/ confusion and provide regulatory No. EPA–HQ–OAR–2014–0198. collection.action?collectionCode=FR). certainty in the near term for users in the refrigeration and air conditioning, Publicly available docket materials are II. How is EPA responding to the court’s foam blowing and aerosol end-uses available either electronically through decision on the July 2015 SNAP final affected by the HFC listing changes in https://www.regulations.gov or in hard rule? copy at the Air and Radiation Docket in the 2015 Rule. Specifically, until EPA the EPA Docket Center, (EPA/DC) EPA Through this document, EPA is taking completes a rulemaking addressing the West, Room 3334, 1301 Constitution three actions in response to the court’s remand, EPA will not apply the HFC Ave. NW, Washington, DC. The EPA decision: (1) Providing guidance to listings in the 2015 Rule. While this Docket Center Public Reading Room is stakeholders on how EPA will guidance is intended to provide a clear open from 8:30 a.m. to 4:30 p.m., implement the court’s partial vacatur of statement of EPA’s understanding of the
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court’s vacatur in Mexichem, it is not after the effective date of any restrictions or unacceptability listings in intended to represent a definitive or rulemaking adding such substitute to the 2015 Rule for any purpose prior to final statement by the Agency on the the list of unacceptable substitutes.’’ 40 completion of rulemaking. EPA’s court’s decision as a whole. In fact, EPA CFR 82.174. The 1994 Framework Rule implementation of the court’s vacatur anticipates that its actions in response defined ‘‘use’’ broadly as ‘‘any use of a pending rulemaking is intended to to the decision will be informed by substitute for a Class 1 or Class II ozone- dispel confusion and provide regulatory input from stakeholders and the notice- depleting compound, including but not certainty in the near term for users in and-comment rulemaking process that limited to use in a manufacturing the refrigeration and air conditioning, will address the court’s remand. process or product, in consumption by foam blowing and aerosol end-uses the end-user, or in intermediate uses, affected by the HFC listing changes in A. Background such as formulation or packaging for the 2015 Rule. The SNAP program implements other subsequent uses.’’ 40 CFR 82.172. Two chemical suppliers, Arkema and section 612 of the Clean Air Act. Several Thus, for example, use encompasses not Mexichem (Petitioners), challenged the major provisions of section 612 are: only the manufacture of equipment with portion of the 2015 Rule that removed a substitute, such as the manufacture of 1. Rulemaking the listings of certain HFCs as a foam-blowing system; it also includes acceptable, or acceptable subject to use Section 612(c) requires EPA to the use of that foam system to blow the conditions in certain end-uses, and promulgate rules making it unlawful to foam into another product, such as foam listed those HFCs as unacceptable, or replace any class I (chlorofluorocarbon, cushions, or to blow the foam as acceptable subject to narrowed use halon, carbon tetrachloride, methyl insulation in a building. EPA issued its limits, in the same end-uses. The chloroform, methyl bromide, initial listing decisions as part of the Petitioners raised two central hydrobromofluorocarbon, and 1994 Framework Rule and has arguments. First, they claimed that EPA chlorobromomethane) or class II (HCFC) continued to list substitutes. The lists of did not have the authority to require substance with any substitute that the fully acceptable substitutes are not that users of HFCs switch to another Administrator determines may present included in the CFR but instead are alternative. Second, they challenged the adverse effects to human health or the available at https://www.epa.gov/snap/ various listing decisions as ‘‘arbitrary environment where the Administrator snap-substitutes-sector. All other listing and capricious.’’ The court rejected the has identified an alternative that (1) decisions (i.e., unacceptable or with Petitioners’ arbitrary and capricious reduces the overall risk to human health restrictions on use) are contained in challenges but ruled that EPA did not and the environment and (2) is currently tables provided in appendices to EPA’s have authority to ‘‘require or potentially available. SNAP regulations (40 CFR part 82 manufacturers to replace HFCs with a subpart G). There are separate tables for 2. Listing of Unacceptable/Acceptable substitute substance.’’ Id. at 464. The each of the major industrial use sectors, Substitutes court determined that the word including adhesives, coatings and inks; ‘‘replace’’ as used in CAA section 612(c) Section 612(c) requires EPA to aerosols; cleaning solvents; fire applies only to the immediate publish a list of the substitutes that it suppression and explosion protection; replacement of an ODS, stating that finds to be unacceptable for specific foam blowing agents; refrigeration and ‘‘manufacturers ‘replace’ an ozone- uses and to publish a corresponding list air conditioning; and sterilants, as well depleting substance when they of acceptable substitutes for specific as separate tables for each type of transition to making the same product uses. listing: acceptable with use conditions, with a substitute substance. After that acceptable subject to narrowed use 3. Petition Process transition has occurred, the replacement limits or unacceptable. has been effectuated, and the Section 612(d) grants the right to any The 1994 Framework Rule, as manufacturer no longer makes a product person to petition EPA to add a implemented by EPA, has applied to all that uses an ozone-depleting substance to, or delete a substance from, users (e.g., product manufacturers, substance.’’ Id. at 459. Although the the lists published in accordance with intermediate users, end-users) within a court’s decision mainly discusses section 612(c). regulated end-use without making manufacturers, footnote 1 of the court’s distinctions between product 4. 90-Day Notification opinion indicates that ‘‘[the court’s] manufacturers and other users or Section 612(e) directs EPA to require between those who were using ozone- interpretation of Section 612 applies to any person who produces a chemical depleting substances (ODS) at the time any regulated parties that must replace substitute for a class I substance to ozone-depleting substances within the a substitute was listed as unacceptable 1 notify the Agency not less than 90 days and those who were not. The 2015 Rule, timelines specified by Title VI.’’ Id. at before new or existing chemicals are like all other actions EPA has taken 457. introduced into interstate commerce for implementing the 1994 Framework Rule The language of the vacatur refers to significant new uses as substitutes for a over the last quarter-century, also made ‘‘manufacturers’’ and to the replacement class I substance. The producer must no such distinctions. It simply changed of HFCs. The opinion appears to use the also provide the Agency with the the listings for various previously listed term ‘‘manufacturers’’ in the sense of producer’s unpublished health and substitutes. ‘‘product manufacturers.’’ See Id. at safety studies on such substitutes. 460.2 However, nothing in the In 1994, EPA published a rule setting B. How is EPA implementing the court’s forth the framework for administering partial vacatur of the 2015 Rule in the 1 Section 612(c) provides that ‘‘the Administrator near term, pending rulemaking? shall promulgate rules under this section providing the SNAP program (‘‘1994 Framework that it shall be unlawful to replace any class I or Rule’’) (59 FR 13044; March 18, 1994). In Mexichem Fluor v. EPA, the court class II substance with any substitute substance’’ Among other things, that rule ‘‘vacate[d] the 2015 Rule to the extent it where the Administrator determines that a safer established prohibitions on use of requires manufacturers to replace HFCs alternative is available. 2 While ‘‘product’’ is not defined in the SNAP substitutes inconsistent with the SNAP with a substitute substance.’’ 866 F.3d at regulations, other portions of EPA’s stratospheric listings, including a prohibition stating 464. For the reasons explained below, protection regulations distinguish between that ‘‘[n]o person may use a substitute EPA will not apply the HFC use Continued
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regulatory language promulgated as part space- and aeronautics-related completion of rulemaking would ignore of the challenged 2015 Rule draws a applications’’ and the time period for the practical realities faced by the distinction between product which use remains acceptable (e.g., business community. manufacturers and other users of ‘‘Acceptable from January 1, 2017, until In addition, attempting to draw the substitutes.3 Nor does the 2015 Rule January 1, 2022’’). Thus, for each listing distinctions made by the court would draw a distinction between persons decision there is no language that could present practical difficulties for using HFCs and those using an ODS. be understood as being removed or implementation in advance of The regulatory text included in the 2015 struck out by the court so that some rulemaking. First, the SNAP regulations Rule is comprised solely of tables listing portion of the listing decision would do not address what constitutes product EPA’s decision on certain substitutes for remain in effect pending EPA’s action manufacture. EPA went through a full specific end-uses. Similarly, the 1994 on remand. notice-and-comment rulemaking to Framework Rule distinguishes neither While EPA could, on remand, rewrite address that issue with respect to between product manufacturers and the individual listings to create sub- appliances for the purpose of other users nor between someone using listings for different types of users—e.g., regulations implementing the HCFC an HFC and someone using an ODS. For separating out manufacturers, or phaseout under section 605 of the Clean each specified end-use, the 2015 Rule, separating out those still using ODS— Air Act. See, e.g., ‘‘Protection of as issued, in conjunction with the 1994 such additions to the 2015 Rule would Stratospheric Ozone: Adjustments to the Framework Rule, would prohibit any require notice-and-comment Allowance System for Controlling HCFC user from using a substitute listed as rulemaking. This situation contrasts Production, Import, and Export,’’ 74 FR unacceptable—or from using, without with those where a court decision 66439–66441 (Dec. 15, 2009). In that adhering to narrowed use limits, a affects specific regulatory language, rulemaking, EPA recognized that while substitute listed as acceptable subject to striking some of that language while some appliances are shipped fully such limits—after the relevant date. leaving the remainder untouched. Here, assembled and charged, others are Thus, the SNAP regulations as currently there is simply no regulatory language assembled or charged in the field. With written do not provide the distinctions that can be parsed in that manner. Nor respect to the latter, there was ambiguity that would be necessary to is waiting to address the court’s vacatur as to the point of manufacture and the accommodate the letter of the court’s until the agency can complete notice- identity of the manufacturer. EPA vacatur. The narrower language used by and-comment rulemaking a satisfactory provided a definition to resolve that the court does not exist in either the solution. The court clearly intended to ambiguity in the context of those 2015 Rule or the 1994 Framework Rule; vacate the 2015 Rule to some ‘‘extent.’’ regulations. Without a clear definition nor do the distinctions discussed above The mandate has issued; accordingly, of product manufacture in the SNAP emerge when those two rules are read the court’s decision is now in effect. context, there may be considerable together. In addition, EPA is aware that ambiguity about who is the The regulatory tables, which are the regulated entities are experiencing ‘‘manufacturer’’ for certain products— only regulatory text promulgated in the substantial confusion and uncertainty for example, supermarket refrigeration 2015 Rule, are comprised of individual regarding the meaning of the vacatur in systems—and resulting confusion about listing decisions. Each listing of a a variety of specific situations. Since the the impacts of the court’s decision. substitute is comprised of at least four court mandate issued, EPA has received Moreover, in footnote 1 of the columns of information. The first a significant number of inquiries from decision, the court indicates that the column lists the regulated end-use, such equipment manufacturers, refrigerant interpretation it adopts in the decision as ‘‘Retail food refrigeration producers, and various other users. ‘‘applies to any regulated parties that (supermarket systems) (new)’’ or ‘‘Rigid Some have asked general questions must replace ozone-depleting Polyurethane [Foam]: Appliance.’’ The regarding the effect of the partial vacatur substances.’’ This appears to extend the second column lists the substitute or of the 2015 Rule, while others have court’s holding to apply to any user substitutes to which the listing decision asked more specific questions about subject to the HFC listing changes, and applies. The third column identifies the compliance both for those end-uses for not simply manufacturers. 866 F.3d at ‘‘decision’’ (‘‘Unacceptable’’ or which the compliance dates have 457 (emphasis added). Implementing ‘‘Acceptable subject to narrowed use passed and for those for which there is the vacatur more narrowly in the near limits’’) and also identifies the date on a future compliance date. For those end- term would not only raise practical which the listing decision will apply. uses with future compliance dates, these implementation difficulties but likely The final column provides ‘‘Further users are seeking guidance to help them would be inconsistent with the court’s information.’’ Each listing of a substitute make plans for future operations; if language in footnote 1. as acceptable subject to narrowed use these users of HFCs would not be able Second, neither the 1994 Framework limits contains an additional column to continue such use, they may need to Rule nor the 2015 Rule addresses the identifying the ‘‘Narrowed use limits.’’ take steps well in advance of the date by which a manufacturer must This column identifies the limited uses compliance date, such as researching have switched to an HFC in order to for which the substitute remains and developing revised foam avoid being subject to the 2015 Rule acceptable for use (e.g., ‘‘military or formulations; retooling manufacturing listing decisions. Possible dates could facilities; testing updated equipment or include the effective date of the 2015 ‘‘products’’ and ‘‘substances.’’ See, e.g, the products to be certified to industry Rule; the applicability date of the definition of ‘‘controlled substance’’ at 40 CFR 82.3; standards; and achieving compliance specific listing change; or the date on the definitions of ‘‘product containing’’ and with fire codes. Other stakeholders have which the court’s mandate issued. This ‘‘manufactured with a controlled substance’’ at 40 CFR 82.106, expressed confusion in understanding lack of clarity could result in confusion 3 Under the 1994 Framework Rule, EPA defined how the partial vacatur affects particular about whether or not the listings in the manufacturer as ‘‘any person engaged in the direct types of equipment that might fall under 2015 Rule apply to individual manufacture of a substitute.’’ 40 CFR 82.172. SNAP multiple end-uses, such as a stand-alone manufacturers. Even if there were a listing decisions, such as those at issue in the 2015 Rule, do not apply to manufacturers of the commercial refrigerator with foam clear date that would govern, there are substitute but rather to the subsequent use of that insulation. Deferring answers to currently no requirements for substitute in a product or process or other use. stakeholder questions until the manufacturers to document the date of
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a change to an HFC; this lack of actions remain subject to regulation and stakeholders prior to developing a documentation would hinder the which do not; the agency cannot remain proposed rule. agency’s ability to implement the rule as silent on the implications of the court’s The court’s interpretation of CAA envisioned in the court’s opinion, vacatur until such time as the agency section 612 raises potentially complex because it would not know whether or can complete a notice-and-comment and difficult implementation questions on what date manufacturers had made rulemaking because of the considerable for the SNAP program. EPA may the switch. confusion and need for certainty that consider the following as it prepares to Third, because neither the 1994 currently exist. Each HFC listing, as a undertake notice-and-comment Framework Rule nor the 2015 Rule unit, ‘‘requires manufacturers to replace rulemaking: • creates a distinction between users HFCs with a substitute substance.’’ EPA On remand, whether EPA should using ODS and those using substitutes, therefore will implement the vacatur as revisit specific provisions of the 1994 neither rule addresses more complex affecting each HFC listing change in its Framework Rule, such as those noted situations in which both types of entirety pending rulemaking to address below, to establish distinctions between substances may be in use. Specifically, the remand. Thus, EPA will not apply users still using ODS and those who many manufacturers own multiple have already replaced ODS: the HFC use restrictions or Æ facilities, have multiple production unacceptability listings in the 2015 Rule The regulatory prohibitions (40 lines at a single facility, make multiple for any purpose prior to completion of CFR 82.174) on use and introduction different products or product models, or rulemaking. Although EPA will into interstate commerce Æ the notification requirements in the make products that can operate with implement the court’s vacatur by either an ODS or a substitute. For applicability section (40 CFR 82.176) treating it as striking the HFC listing Æ example, a manufacturer of supermarket specific definitions, for example, changes in the 2015 Rule in their the definitions of ‘‘substitute’’ and refrigeration equipment currently entirety, EPA recognizes that the court produces new equipment designed to ‘‘use’’ (40 CFR 82.172). The current rejected the arbitrary and capricious definition of ‘‘substitute’’ is ‘‘. . . any operate with HFC blends or other non- challenges to the HFC listing changes. ODS refrigerants and may assist its chemical, product substitute, or On remand, EPA intends to consider the alternative manufacturing process, customers with retrofitting or replacing appropriate way to address HFC listings parts of existing supermarket systems whether existing or new, intended for under the SNAP program in light of the use as a replacement for a class I or II using HCFC–22 or HCFC blends. Future court’s opinion. rulemaking could address the numerous compound.’’ The current definition of The 2015 Rule also contains HCFC questions raised by these more complex ‘‘use’’ is ‘‘. . . any use of a substitute for listings that were not challenged by the situations—e.g., has a manufacturer a Class I or Class II ozone-depleting Petitioners and that were not addressed switched to an HFC if one of multiple compound, including but not limited to by the court in Mexichem. Because facilities is using an HFC or if one of use in a manufacturing process or those provisions were not challenged multiple product lines is using an HFC? product, in consumption by the end- Alternatively, can the same and were not addressed by the court, user, or in intermediate uses, such as manufacturer be considered to not yet and because those listing decisions are formulation or packaging for other have switched to HFCs if it still uses severable from the HFC listings, we are subsequent uses.’’ ODS in some of its facilities or product choosing in the near term to continue • Whether EPA should revisit its lines? Because the rules as written do upholding these provisions as practice of listing substitutes as not resolve these issues, there is no remaining in effect. Each of the HCFC acceptable subject to use conditions. practical way to address these questions listings is a distinct unit, just as each of Such listings allow the substitutes to be at this time. the HFC listings is a distinct unit. used only if certain conditions are met EPA recognizes that the court vacated Indeed, the severability of the specific to ensure risks to human health and the the 2015 Rule ‘‘to the extent that’’ it listings from each other contrasts with environment are not significantly requires manufacturers to replace HFCs. the non-severability of the particular greater than for other available Based on its expertise in administering effects of the rule on manufacturers substitutes. For example, EPA has the SNAP regulations, and its singled out by the court in the narrower established use conditions for certain understanding of the 2015 Rule, EPA phrasing of its holding—another reason refrigerants to address flammability concludes that the vacatur cannot be why EPA believes that footnote 1 of the concerns across the same refrigeration implemented by treating specific opinion extends that holding to all end-uses. If use conditions would only language in the HFC listings as struck by users, in keeping with the structure of apply to users switching from an ODS, the court. Rather, the listing of HFC’s as the regulations. EPA may consider whether to continue unacceptable, or acceptable subject to C. What are EPA’s plans for a to list substitutes as acceptable subject use restrictions, is the means by which rulemaking to address the court’s to use conditions, given that some users the 2015 Rule ‘‘require[d] manufacturers remand? would not be required to abide by the to replace HFCs with a substitute use conditions. substance.’’ Vacating the 2015 Rule ‘‘to In Mexichem Fluor v. EPA, the court • Whether EPA should distinguish the extent’’ that it imposed that remanded the 2015 Rule to the Agency between product manufacturers and requirement means vacating the listings. for further proceedings. While in this other users, and if so, how EPA should To apply the court’s holding otherwise document EPA provides guidance on address ambiguity about who is the would be to drastically rewrite the 2015 the effect of the vacatur on the 2015 manufacturer of certain products, such Rule, and EPA believes that it would not Rule to address the immediate as those that are field-assembled or be appropriate to undertake such a uncertainty, the larger implications of field-charged. rewrite without undergoing notice and the court’s opinion remanding the rule • Whether EPA should revisit the comment rulemaking. As explained to the agency require further regulations’ applicability to certain end above, those entities that have consideration. To address the court’s users. Historically, the SNAP program historically been regulated under the remand, EPA will move forward with a has applied to all users within an end- SNAP program are uncertain about what notice-and-comment rulemaking and use, whether a product manufacturer, a the court’s decision means and which will seek input from interested servicing technician, or an end user of
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a substitute. For many end-uses, the end to address the court’s remand of the ENVIRONMENTAL PROTECTION users have been able to rely on product 2015 Rule. AGENCY manufacturers’ compliance with the SNAP listings. EPA may consider how D. What are EPA’s plans for a 40 CFR Part 272 stakeholder meeting? it should address the heavier burden [EPA–R02–RCRA–2018–0034; FRL–9974– that might fall on end users, who in As indicated in the above DATES 06—Region 2] some cases may be less familiar with section, EPA will hold a stakeholder EPA’s regulations, in cases where New York: Incorporation by Reference meeting on Friday, May 4, 2018, in product manufacturers may be making of State Hazardous Waste Management Washington, DC from 9:30 a.m. to 12:30 some products that an end user still Program using an ODS may not be able to p.m. to allow interested parties to purchase and use. EPA may also provide input on what the Agency AGENCY: Environmental Protection consider whether that heavier burden should consider as it begins developing Agency (EPA). means that EPA should not apply the a proposed rule in response to the ACTION: Direct final rule. regulations to those end users. court’s remand of the 2015 Rule. Please SUMMARY: • Whether EPA should clarify when follow the instructions provided to The Solid Waste Disposal Act, as amended, commonly referred to as the replacement of an ODS occurs: e.g., RSVP for this meeting as specified the Resource Conservation and on a facility-by-facility basis, or on a above in the DATES section of this Recovery Act (RCRA), allows the product-by-product basis. EPA may also document. Additional information Environmental Protection Agency (EPA) consider whether to propose concerning this stakeholder meeting recordkeeping and reporting to authorize States to operate their will be available on the EPA website: hazardous waste management programs requirements to document when a user https://www.epa.gov/snap. has transitioned to using a non-ODS. in lieu of the Federal program. EPA uses This list of considerations is not Dated: April 13, 2018. the regulations entitled ‘‘Approved State intended to be exhaustive, but rather E. Scott Pruitt, Hazardous Waste Management provides an indication of the areas of Administrator. Programs’’ to provide notice of the authorization status of State programs initial thinking. The court also [FR Doc. 2018–08310 Filed 4–26–18; 8:45 am] mentioned other possible approaches to and to incorporate by reference those BILLING CODE 6560–50–P regulation that the Agency could provisions of the State regulations that consider on remand. These include will be subject to EPA’s inspection and enforcement. This rule does not whether EPA may be able to use ENVIRONMENTAL PROTECTION incorporate by reference the New York ‘‘retroactive disapproval’’ to revise an AGENCY earlier determination where faced with hazardous waste statutes. The rule codifies in the regulations the prior new developments or in light of 40 CFR Part 86 reconsideration of the relevant facts. In approval of New York’s hazardous addition, the court mentioned other Control of Emissions From New and waste management program and authorities EPA could consider to In-Use Highway Vehicles and Engines incorporates by reference authorized regulate substitutes for class I and class provisions of the State’s regulations. II ODS, such as the Toxic Substances CFR Correction DATES: This regulation is effective June Control Act (TSCA) and a number of 26, 2018, unless EPA receives adverse CAA authorities, including the National ■ In Title 40 of the Code of Federal written comment on this regulation by Ambient Air Quality Standards Regulations, Parts 82 to 86, revised as of the close of business May 29, 2018. If (NAAQS) program, the Hazardous Air July 1, 2017, on page 439, in § 86.000– EPA receives such comments, it will Pollutants (HAP) program, the 7, the introductory text is reinstated to publish a timely withdrawal of this Prevention of Significant Deterioration read as follows: direct final rule in the Federal Register (PSD) program, and emission standards informing the public that this rule will for motor vehicles. EPA would be § 86.000–7 Maintenance of records; not take effect. The Director of the interested in any thoughts stakeholders submittal of information; right of entry. Federal Register approves this may have on the viability and Section 86.000–7 includes text that incorporation by reference as of June 26, desirability of these approaches. specifies requirements that differ from 2018 in accordance with 5 U.S.C. 552(a) EPA appreciates there is interest from § 86.091–7 or § 86.094–7. Where a and 1 CFR part 51. a wide variety of stakeholders in the paragraph in § 86.091–7 or § 86.094–7 is ADDRESSES: Submit your comments, development of a rule to address the identified by Docket ID No. EPA–R02– court’s decision on remand. Therefore, identical and applicable to § 86.000–7, this may be indicated by specifying the RCRA–2018–0034, by one of the as an initial step, and as provided in following methods: more detail in the section below, EPA is corresponding paragraph and the • statement ‘‘[Reserved]. For guidance see Federal eRulemaking Portal: http:// providing notice of a stakeholder www.regulations.gov. Follow the on-line § 86.091–7.’’ or ‘‘[Reserved]. For meeting. The purpose of sharing the instructions for submitting comments. Agency’s preliminary considerations at guidance see § 86.094–7.’’ • Email: [email protected]. this time is to provide a more specific * * * * * • Fax: (212) 637–4437. roadmap to facilitate and focus the [FR Doc. 2018–09058 Filed 4–26–18; 8:45 am] • Mail: Send written comments to further input of our individual BILLING CODE 1301–00–D Nidal Azzam, Base Program stakeholders. By laying out Management Section Chief, Hazardous considerations raised by the court Waste Programs Branch, Clean Air and remand and its near-term plans, EPA Sustainability Division, EPA, Region 2, seeks to work with stakeholders to 290 Broadway, 22nd Floor, New York, continue to gather and exchange NY 10007. information that can assist the Agency • Hand Delivery or Courier: Deliver as it begins to develop a proposed rule your comments to Nidal Azzam, Base
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Program Management Section Chief, Region 2 by appointment only. To make (70 FR 17286)), August 31, 2009 (74 FR Hazardous Waste Programs Branch, an appointment please call (212) 637– 31380), January 12, 2010 (75 FR 1617), Clean Air and Sustainability Division, 3703. and May 10, 2013 (78 FR 15299). EPA EPA Region 2, 290 Broadway, 22nd FOR FURTHER INFORMATION CONTACT: codified New York’s authorized Floor, New York, NY 10007. Such Nidal Azzam, Base Program hazardous waste program effective deliveries are only accepted during the Management Section Chief, Hazardous September 30, 2002 (67 FR 49864), May Regional Office’s normal hours of Waste Programs Branch, Clean Air and 25, 2007 (72 FR 14044), and October 4, operation. The public is advised to call Sustainability Division, EPA Region 2, 2010 (75 FR 45489). In this action, EPA in advance to verify the business hours. 290 Broadway, 22nd Floor, New York, is revising subpart HH of 40 CFR part Special arrangements should be made NY 10007; telephone number: (212) 272 to include the authorization for deliveries of boxed information. 637–3703; fax number: (212) 637–4437; revision actions that became effective Instructions: Direct your comments to email address: [email protected]. January 12, 2010 and May 10, 2013. Docket ID. No. EPA–R02–RCRA–2018– SUPPLEMENTARY INFORMATION: 0034. EPA’s policy is that all comments C. What decisions have we made in this rule? received will be included in the public I. Incorporation by Reference docket without change, including any In this rule, the EPA is finalizing A. What is codification? personal information provided, unless regulatory text that includes the comment includes information Codification is the process of incorporation by reference. In claimed to be Confidential Business including the statutes and regulations accordance with requirements of 1 CFR Information (CBI) or other information that comprise the State’s authorized 51.5, EPA is finalizing the incorporation whose disclosure is restricted by statute. hazardous waste management program by reference of the New York rules Do not submit information that you into the Code of Federal Regulations described in the amendments to 40 CFR consider to be CBI or otherwise (CFR). Section 3006(b) of RCRA, as part 272 set forth below. EPA has made, protected through http:// amended, allows the Environmental and will continue to make, these www.regulations.gov, or email. The Protection Agency (EPA) to authorize documents available electronically Federal http://www.regulations.gov State hazardous waste management through www.regulations.gov and in website is an ‘‘anonymous access’’ programs. The State regulations hard copy at the appropriate EPA office system, which means EPA will not authorized by EPA supplant the federal (see the ADDRESSES section of this know your identity or contact regulations concerning the same matter preamble for more information). information unless you provide it in the with the result that after authorization This action codifies EPA’s body of your comment. If you send an EPA enforces the authorized authorization of revisions to New York’s email comment directly to EPA without regulations. Infrequently, State statutory hazardous waste management program. going through http:// language which acts to regulate a matter This codification reflects the State www.regulations.gov, your email is also authorized by EPA with the program in effect at the time EPA address will be automatically captured consequence that EPA enforces the authorized revisions to the New York and included as part of the comment authorized statutory provision. EPA hazardous waste program in final rules that is placed in the public docket and does not authorize State enforcement dated January 12, 2010 (75 FR 1617) and made available on the internet. If you authorities and does not authorize State May 10, 2013 (78 FR 15299). The rule submit an electronic comment, EPA procedural requirements. EPA codifies incorporates by reference the most recommends that you include your the authorized State program in 40 CFR recent version of the State’s authorized name and other contact information in part 272 and incorporates by reference hazardous waste management the body of your comment and with any State statutes and regulations that make regulations. EPA has already provided disk or CD–ROM you submit. If EPA up the approved program which is notices and opportunity for comments cannot read your comment due to federally enforceable. EPA retains the on the Agency’s decisions to authorize technical difficulties, and cannot authority to exercise its inspection and the New York program, and EPA is not contact you for clarification, EPA may enforcement authorities in accordance now reopening the decision, nor not be able to consider your comment. with sections 3007, 3008, 3013 and 7003 requesting comments, on the New York Electronic files should avoid the use of of RCRA, 42 U.S.C. 6927, 6928, 6934 authorizations as published in the special characters or any form of and 6973, and any other applicable Federal Register documents specified in encryption, and be free of any defects or statutory and regulatory provisions. Section B of this preamble concerning revisions to the authorized program in viruses. (For additional information B. What is the history of the about EPA’s public docket, visit the EPA New York. authorization and codification of New Docket Center homepage at http:// EPA is incorporating by reference the York’s hazardous waste management www.epa.gov/dockets). authorized revisions to the New York Docket: All documents in the docket program? hazardous waste program by revising are listed in the http:// New York initially received final subpart HH to 40 CFR part 272. Title 40 www.regulations.gov index. Although authorization for its hazardous waste CFR 272.1651 previously incorporated listed in the index, some information is management program, effective on May by reference New York’s authorized not publicly available, e.g., CBI or other 29, 1986 (51 FR 17737) to implement its hazardous waste regulations, as information whose disclosure is base hazardous waste management amended effective September 5, 2006, as restricted by statute. Certain other program. Subsequently, EPA authorized well as selected provisions as found in material, such as copyrighted material, revisions to the State’s program effective the New York regulations dated January will be publicly available only in hard July 3, 1989 (54 FR 19184), May 7, 1990 31, 1992. Section 272.1651 also copy. Publicly available docket (55 FR 7896), October 29, 1991 (56 FR references the demonstration of materials are available either 42944), May 22, 1992 (57 FR 9978), adequate enforcement authority, electronically at http:// August 28, 1995 (60 FR 33753), October including procedural and enforcement www.regulations.gov or in hard copy. 14, 1997 (62 FR 43111), January 15, provisions, which provide the legal You can inspect and copy the records 2002 (66 FR 57679), March 14, 2005 (70 basis for the State’s implementation of related to this codification effort at EPA FR 1825, as corrected on April 5, 2005 the hazardous waste management
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program. In addition, § 272.1651 State provisions that are ‘‘broader in prohibition, unless identified by EPA as references the Memorandum of scope’’ than the Federal program are not optional or as less stringent, supersedes Agreement, the Attorney General’s incorporated by reference in 40 CFR any less stringent or inconsistent State Statements and the Program part 272. For reference and clarity, 40 provision which may have been Description, which were evaluated as CFR 272.1651(c)(3) lists the New York previously authorized by EPA (50 FR part of the approval process of the statutory and regulatory provisions 28702, July 15, 1985). hazardous waste management program which are ‘‘broader in scope’’ than the Some existing State requirements may under Subtitle C of RCRA. Federal program and which are not part be similar to the HSWA requirement of the authorized program being implemented by EPA. However, until D. What is the effect of New York’s incorporated by reference. This action EPA authorizes those State codification on enforcement? updates that list of ‘‘broader in scope’’ requirements, EPA enforces the HSWA EPA retains the authority under provisions. While ‘‘broader in scope’’ requirements and not the State analogs. statutory provisions, including but not provisions are not part of the authorized II. Statutory and Executive Order limited to, RCRA sections 3007, 3008, program and cannot be enforced by Reviews 3013 and 7003, and other applicable EPA, the State may enforce such statutory and regulatory provisions to provisions under State law. This rule codifies EPA-authorized undertake inspections and enforcement Additionally, New York’s hazardous hazardous waste requirements pursuant actions and to issue orders in all waste regulations include amendments to RCRA section 3006 and imposes no authorized States. With respect to which have not been authorized by requirements other than those imposed enforcement actions, EPA will rely on EPA. Since EPA cannot enforce a State’s by State law. Therefore, this rule Federal sanctions, Federal inspection requirements which have not been complies with applicable executive authorities, and Federal procedures reviewed and authorized in accordance orders and statutory provisions as rather than the State analogs to these with RCRA section 3006 and 40 CFR follows. provisions. Therefore, the EPA is not part 271, it is important to be precise in 1. Executive Order 12866: Regulatory incorporating by reference New York’s delineating the scope of a State’s Planning and Review and Executive inspection and enforcement authorities authorized hazardous waste program. Order 13563: Improving Regulation and nor are those authorities part of New Regulatory provisions that have not Regulatory Review—The Office of York’s approved State program which been authorized by EPA include Management and Budget (OMB) has operates in lieu of the Federal program. amendments to previously authorized exempted this rule from its review Title 40 CFR 272.1651(c)(2) lists these State regulations as well as new State under Executive Orders 12866 (58 FR authorities for informational purposes, requirements. 51735, October 4, 1993) and 13563 (76 and because EPA also considered them State regulations that are not FR 3821, January 21, 2011). in determining the adequacy of New incorporated by reference in this rule at 2. Paperwork Reduction Act—This York’s procedural and enforcement 40 CFR 272.1651(c)(1), or that are not rule does not impose an information authorities. New York’s authority to listed in 40 CFR 272.1651(c)(3) collection burden under the provisions inspect and enforce the State’s (‘‘broader in scope’’) or 40 CFR of the Paperwork Reduction Act of 1995 hazardous waste management program 272.1651(c)(2) (‘‘procedural and (44 U.S.C. 3501 et seq.). 3. Regulatory Flexibility Act—This requirements continues to operate enforcement authorities’’), are rule codifies New York’s authorized independently under State law. considered new unauthorized State requirements. These requirements are hazardous waste management E. What State provisions are not part of not Federally enforceable. regulations in the CFR and does not the codification? impose new burdens on small entities. F. What will be the effect of Federal The public is reminded that some Accordingly, I certify that this action HSWA requirements on the will not have a significant economic provisions of New York’s hazardous codification? waste management program are not part impact on a substantial number of small of the federally authorized State With respect to any requirement(s) entities under the Regulatory Flexibility program. These non-authorized pursuant to the Hazardous and Solid Act (5 U.S.C. 601 et seq.). provisions include: Waste Amendments of 1984 (HSWA) for 4. Unfunded Mandates Reform Act— (1) Provisions that are not part of the which the State has not yet been Because this rule codifies pre-existing RCRA subtitle C program because they authorized and which EPA has State hazardous waste management are ‘‘broader in scope’’ than RCRA identified as taking effect immediately program requirements which EPA subtitle C (see 40 CFR 271.1(i)); in States with authorized hazardous already approved under 40 CFR part (2) Unauthorized amendments to waste management programs, EPA will 271, and with which regulated entities authorized State provisions; enforce those Federal HSWA standards must already comply, it does not (3) New unauthorized State until the State is authorized for those contain any unfunded mandate or requirements; provisions. significantly or uniquely affect small (4) State procedural and enforcement The codification does not affect governments, as described in the authorities which are necessary to Federal HSWA requirements for which Unfunded Mandates Reform Act of 1995 establish the ability of the State’s the State is not authorized. EPA has (Pub. L. 104–4). program to enforce compliance but authority to implement HSWA 5. Executive Order 13132: which do not supplant the Federal requirements in all States, including Federalism—Executive Order 13132 (64 statutory enforcement and procedural States with authorized hazardous waste FR 43255, August 10, 1999) does not authorities; and management programs, until the States apply to this rule because it will not (5) Federal rules for which New York become authorized for such have federalism implications (i.e., was previously authorized but which requirements or prohibitions, unless substantial direct effects on the States, were later vacated by the U.S. Court of EPA has identified the HSWA on the relationship between the Federal Appeals for the District of Columbia requirement(s) as an optional or as a less government and the States, or on the Circuit (D.C. Cir. No. 98–1379; June 27, stringent requirement of the Federal distribution of power and 2014). See 80 FR 18777 (April 8, 2015). program. A HSWA requirement or responsibilities among the various
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levels of government). This action Congressional Review Act (5 U.S.C. 801 (b) Authorization enforcement. The codifies existing authorized State et seq., as amended) to the U.S. Senate, State of New York has primary hazardous waste management program the U.S. House of Representatives, and responsibility for enforcing its requirements without altering the the Comptroller General of the United hazardous waste management program. relationship or the distribution of power States prior to publication in the However, EPA retains the authority to and responsibilities established by Federal Register. A major rule cannot exercise its inspection and enforcement RCRA. take effect until 60 days after it is authorities in accordance with sections 6. Executive Order 13175: published in the Federal Register. This 3007, 3008, 3013, 7003 of RCRA, 42 Consultation and Coordination with action is not a ‘‘major rule’’ as defined U.S.C. 6927, 6928, 6934, 6973, and any Indian Tribal Governments—Executive by 5 U.S.C. 804(2). This action will be other applicable statutory and Order 13175 (65 FR 67249, November 6, effective June 26, 2018. regulatory provisions, regardless of 2000) does not apply to this rule whether the State has taken its own because it will not have tribal List of Subjects in 40 CFR Part 272 actions, as well as in accordance with implications (i.e., substantial direct Environmental protection, other statutory and regulatory effects on one or more Indian tribes, or Administrative practice and procedure, provisions. on the relationship between the Federal Confidential business information, (c) State statutes and regulations—(1) government and Indian tribes, or on the Hazardous waste, Hazardous waste Statutes and regulations that are distribution of power and transportation, Incorporation by incorporated by reference. The New responsibilities between the Federal reference, Indian lands, York regulations cited in paragraph government and Indian tribes). Intergovernmental relations, Penalties, (c)(1)(i) of this section are incorporated 7. Executive Order 13045: Protection Reporting and recordkeeping by reference as part of the hazardous of Children from Environmental Health requirements, Water pollution control, waste management program under & Safety Risks—This rule is not subject Water supply. subtitle C of RCRA, 42 U.S.C. 6921 et to Executive Order 13045 (62 FR 19885, seq. The Director of Federal Register April 23, 1997), because it is not Authority: This rule is issued under the authority of Sections 2002(a), 3006 and approves this incorporation by reference economically significant and it is not 7004(b) of the Solid Waste Disposal Act as in accordance with 5 U.S.C. 552(a) and based on environmental health or safety amended, 42 U.S.C. 6912(a), 6926, 6974(b). 1 CFR part 51. You may obtain copies risks. of the New York regulations that are 8. Executive Order 13211: Actions Dated: December 27, 2017. incorporated by reference in this that Significantly Affect Energy Supply, Peter D. Lopez, paragraph from West Publishing Distribution, or Use—This rule is not Regional Administrator, Region 2. Company, 610 Opperman Drive, P.O. subject to Executive Order 13211 (66 FR Editorial note: This document was Box 64526, Eagan, MN 55164–0526; 28355, May 22, 2001) because it is not received for publication by the Office of the Phone: 1–800–328–4880; website: a significant regulatory action under Federal Register on April 18, 2018. http://west.thomson.com. You may Executive Order 12866. For the reasons set forth in the inspect a copy at EPA Region 2, 290 9. National Technology Transfer preamble, 40 CFR part 272 is amended Broadway, 22nd Floor, New York, NY Advancement Act—The requirements as follows: 10007 (Phone number: (212) 637–3703), being codified are the result of New or at the National Archives and Records York’s voluntary participation in EPA’s PART 272—APPROVED STATE Administration (NARA). For State program authorization process HAZARDOUS WASTE MANAGEMENT information on the availability of this under RCRA Subtitle C. Thus, the PROGRAMS material at NARA, call 202–741–6030, requirements of section 12(d) of the or go to: http://www.archives.gov/ National Technology Transfer and ■ 1. The authority citation for part 272 federal-register/cfr/ibr-locations.html. Advancement Act of 1995 (15 U.S.C. continues to read as follows: (i) The Binder entitled ‘‘EPA- 272 note) do not apply. Authority: Secs. 2002(a), 3006, and 7004(b) Approved New York Regulatory 10. Executive Order 12988—As of the Solid Waste Disposal Act, as amended Requirements Applicable to the required by section 3 of Executive Order by the Resource Conservation and Recovery Hazardous Waste Management 12988 (61 FR 4729, February 7, 1996), Act, as amended, 42 U.S.C. 6912(a), 6926, Program’’, dated May 2013. EPA has taken the necessary steps in and 6974(b). (ii) [Reserved] this action to eliminate drafting errors ■ 2. Revise § 272.1651 to read as (2) Statutes and regulations that are and ambiguity, minimize potential follows: not incorporated. EPA considered the litigation, and provide a clear legal following statutes and regulations in standard for affected conduct. § 272.1651 New York State-administered evaluating the State program but is not 11. Executive Order 12898—This program: Final authorization. incorporating them herein for Order (59 FR 7629, Feb. 16, 1994) (a) New York State authorization. enforcement purposes: establishes federal executive policy on Pursuant to section 3006(b) of RCRA, 42 (i) Environmental Conservation Laws environmental justice. Because this rule U.S.C. 6926(b), New York has final (ECL), 1997 Replacement Volume, as codifies pre-existing State rules which authorization for the following elements revised by the 2004 Cumulative Pocket are at least equivalent to, and no less as submitted to EPA in New York’s base Part: Sections 1–0303(18), 3–0301(1) stringent than existing federal program application for final (introductory paragraph); 3–0301(1)(a), requirements, and imposes no authorization which was approved by (b), (m), (o), (w), (x) and (cc); 3–0301(2) additional requirements beyond those EPA effective on May 29, 1986. introductory paragraph; 3–0301(2)(a), imposed by State law, and there are no Subsequent program revision (b), (d) through (j), (l), (m), (q) and (z); anticipated significant adverse human applications were approved effective on 3–0301(4); 19–0301(1) (except 19– health or environmental effects, the rule July 3, 1989, May 7, 1990, October 29, 0301(c), (e) and (f)); 19–0303(1) through is not subject to Executive Order 12898. 1991, May 22, 1992, August 28, 1995, (3); 19–0304; 23–2305; 23–2307; 27– 12. Congressional Review Act—EPA October 14, 1997, January 15, 2002, 0105; 27–0701; 27–0703; 27–0705; 27– will submit a report containing this rule March 14, 2005, August 31, 2009, 0707 (except 27–0707(2-c)); 27–0711; and other information required by the January 12, 2010, and May 10, 2013. 27–0900 through 27–0908; 27–0909
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(except 27–0909(5)); 27–0910 through waste at 40 CFR 261.4(b)(1): Title 6, (x) The New York provision at 373– 27–0922; 27–1105; 70–0101; 70–0103; New York Codes, Rules and Regulations 2.15(a)(2) is broader in scope because it 70–0105 (except 70–0105(3) and 70– (6 NYCRR), as amended effective subjects incinerators to not just limited 0105(6)); 70–0107(1) and (2); 70–0107(3) through September 5, 2006: Sections portions of the State’s Air regulations in introductory paragraph; 70–0107(3)(l); 370.2(b)(92) ‘‘Household hazardous the same manner as the Federal rules, 70–0109; 70–0113; 70–0115 (except waste’’; 370.2(b)(93) ‘‘Household but entire programs including air (2)(c) and (d)); 70–0117 (except 70– hazardous waste collection facility’’; program-specific permits and 0117(5) through (7); 70–0119; 70–0121; and 373–4. registrations. 71–0301; 71–1719; 71–2705; 71–2707; (iv) At 371.4(c), New York retains (xi) The New York provisions at 374– 71–2709 through 71–2715; 71–2717; 71– K064, K065, K066, K090 and K091 as 2.5(a)(2) and 374–2.6(a)(2) cross- 2720; and 71–2727. hazardous wastes while EPA has reference 360–14.1(a)(4), which sets (ii) McKinney’s Consolidated Laws of removed them from the table at 40 CFR forth transfer facility and processor/re- New York, Book 1, Executive Law (EL), 261.32 and no longer regulates them as refiner requirements for these types of Article 6: Section 102. hazardous wastes (64 FR 56469; October facilities co-located at hazardous waste (iii) McKinney’s Consolidated Laws of 20, 1999). management facilities. These provisions New York, Book 46, Public Officers Law (v) In the following provisions of New referencing the Part 360 requirements (POL), as amended through 2004: York’s hazardous waste regulations, the are broader in scope than the Federal Sections 87 and 89. State cross-references Part 364 ‘‘Waste program because section 360–14.1(a)(4) (iv) McKinney’s Consolidated Laws of Transporter Permits’’ requirements, may require used oil transfer facilities New York, Book 7B, Civil Practice Law which sets forth transporter and processors/re-refiners managing and Rules (CPLR), as amended through requirements regarding permit and non-hazardous used oil to be subject to 2004: Sections 1013, 6301; 6311; and financial liability requirements: State-only Part 360 provisions including 6313. 372.2(b)(5)(ii), 372.3(a)(1), 372.3(a)(4), permit requirements. The Federal (v) Electronic Signatures and Records 372.3(b)(6)(iv), 372.3(d)(3), 373– program does not have an analogous Act (ESRA) State Technology Law 2.5(b)(3)(ii)(d) and (e), 373–1.7(h)(3), permitting requirement for these types (STL), Article 3, as amended effective 373–3.5(b)(3)(ii)(d) and (e), 374– of facilities. (4) Vacated Federal rule. New York August 17, 2009: Sections 305 and 306. 3.4(a)(2), and Appendix 30 Instructions (vi) Title 6, New York Codes, Rules provisions at 371.1(e)(1)(xvi) and for Generators/Item 8. These provisions and Regulations (6 NYCRR), Volume A– 371.4(i) are no longer considered to be referencing the Part 364 transporter 2A, as amended effective through part of New York’s authorized program permit and financial liability September 5, 2006: Sections 372.1(f); because the equivalent federal requirements are broader in scope than 373–1.1(f) and (g); 373–1.4(b); 373– requirements were vacated by a federal the Federal program. 1.4(d) through (f); 373–1.6(c); 621.1 court. The Federal Requirements (vi) New York did not adopt an analog through 621.4; 621.5 (except (d)(5), ((Hazardous Waste Combustors; Revised to 40 CFR 261.4(g) that excludes certain (d)(6)(i), (d)(7)(i)(a), (d)(7)(i)(c) and Standards (HSWA) (40 CFR 261.4(a)(16) dredged materials from the State (d)(9)); 621.6 (except (b), (d)(4) and and 261.38 only) were published on definition of hazardous waste. Instead, (d)(5)); 621.7; 621.8; 621.9 (except (a)(5), June 19, 1998. The New York the State subjects these materials to full (c)(2) and (e)(2)); 621.10; 621.11 (except regulations were authorized on January regulation as hazardous wastes. (d)); 621.12 through 621.15; and 621.16 11, 2005 (effective March 14, 2005). The (vii) New York State regulations do (except (b), (d) and (e)). State’s authorized program was (vii) Title 9, New York Codes, Rules not incorporate the Mineral Processing subsequently codified in 40 CFR part and Regulations (9 NYCRR), Part 540, Secondary Materials Exclusion at 40 272 on March 26, 2007 (effective May Electronics Signature and Records Act, CFR 261.4(a)(17) and the related 25, 2007). However, the corresponding as amended effective May 7, 2003: changes affecting 40 CFR 261.2(c)(3) and Federal rules were later vacated by the Sections 540.1 through 540.6. (c)(4)/Table, and 40 CFR 261.2(e)(1)(iii). U.S. Court of Appeals for the District of (3) Statutes and regulations that are Since New York did not adopt the Columbia Circuit (D.C. Cir. No. 98– broader in scope. The following exclusion at 40 CFR 261.4(a)(17) the 1379; June 27, 2014). Consistent with statutory and regulatory provisions are State has a broader in scope program the Court’s vacatur, EPA issued a new broader in scope than the Federal because the effect is to include materials final rule removing 40 CFR 261.4(a)(16) program, are not part of the authorized that are not considered solid waste by and 261.38 from the Federal CFR program, are not incorporated by EPA. (published on April 8, 2015) reference and are not federally (viii) The following New York (5) Memorandum of Agreement. The enforceable: provisions are broader in scope because Memorandum of Agreement between (i) Environmental Conservation Laws they include requirements associated EPA Region 2 and the State of New (ECL), 1997 Replacement Volume, as with the regulation of PCB waste as a York, signed by the Commissioner of the revised by the 2004 Cumulative Pocket state-only hazardous waste: 371.4(e), State of New York Department of Part: Sections 27–0301; 27–0303; 27– 372.1(e)(9), 373–1.1(d)(1)(x), 374– Environmental Conservation on July 20, 0305; 27–0307; 27–0909(5); 27–0923; 2.2(a)(9), 374–2.2(b) Table 1 and 2001, and by the EPA Regional 27–0925 and 27–0926. Footnote 2, 374–2.5(e)(4), 374–2.6(d)(4), Administrator on January 16, 2002, (ii) Environmental Conservation Laws 374–2.7(d)(4), 376.1(g)(1)(i), and although not incorporated by reference, (ECL), 1997 Replacement Volume, as 376.4(f). PCB wastes are regulated under is referenced as part of the authorized revised by the 2006 Cumulative Pocket the Federal Toxic Substances Control hazardous waste management program Part: Section 27–1109(6). Act (TSCA) at 40 CFR part 761 rather under subtitle C of RCRA, 42 U.S.C. (iii) The following New York than under the Federal RCRA program. 6921 et seq. provisions are broader in scope because (ix) The New York provision at 373– (6) Statement of Legal Authority. the State implements a Household 1.4(c) is broader in scope because it ‘‘Attorney General’s Statement for Final Hazardous Waste program, whereas the includes siting certificate requirements Authorization’’, signed by the Attorney Federal program excludes household which are not part of the Federal General of New York in 1985 and waste from regulation as hazardous program. revisions, supplements, and addenda to
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that Statement dated August 18, 1988, Part 372—Hazardous Waste Manifest Appendix 37; Appendix 38; Appendices 40 July 26, 1989, August 15, 1991, October System and Related Standards for Generators, through 49; and Appendices 51 through 55. 11, 1991, July 28, 1994, May 30, 1997, Transporters and Facilities: Sections 372.1(a) Copies of the New York regulations that are February 5, 2001, April 2, 2004, June 13, through (d); 372.1(e)(2)(ii)(c) (January 31, incorporated by reference are available from 1992); 372.1(e)(2)(iii)(c) (January 31, 1992); West Publishing Company, 610 Opperman 2008 (including three certifications), 372.1(e)(3) through (e)(8); 372.1(g) and (h); Drive, P.O. Box 64526, Eagan, MN 55134– August 17, 2009, and May 22, 2012, 372.2 (except (b)(5)(ii) and (b)(9)); 372.3 0526; Phone: 1–800–328–4880; website: although not incorporated by reference, (except (a)(1), (a)(4), (a)(7)(i), (a)(8), (b)(3), http://west.thomson.com. are referenced as part of the authorized (b)(5)(ii), (b)(6)(iv), (b)(7)(i)(d), (c)(4) and * * * * * (d)(3)); 372.5 (except (h) and (i); 372.6; hazardous waste management program [FR Doc. 2018–08431 Filed 4–26–18; 8:45 am] 372.7(a) and (b); 372.7(c) (except (c)(1)(ii)); under subtitle C of RCRA, 42 U.S.C. BILLING CODE 6560–50–P 6921 et seq. and 372.7(d). (7) Program Description. The Program Part 373, Subpart 373–1—Hazardous Waste Treatment, Storage and Disposal Facility Description and any other materials Permitting Requirements: Sections 373–1.1(a) submitted as supplements thereto, DEPARTMENT OF HEALTH AND through (c), 373–1.1(d) (except (d)(1)(iii)(b), HUMAN SERVICES although not incorporated by reference, (d)(1)(iii)(c)(6), (d)(1)(iii)(d), (d)(1)(iv)(a) and are referenced as part of the authorized (b), (d)(1)(x), (d)(1)(xvi), and (d)(1)(xviii)); Centers for Medicare & Medicaid hazardous waste management program 373–1.1(e); 373–1.1(h) and (i); 373–1.2; 373– under subtitle C of RCRA, 42 U.S.C. 1.3; 373–1.4(a); 373–1.4(g) and (h); 373–1.5(a) Services 6921 et seq. (except (a)(2)(xviii)); 373–1.5(b) and (c); 373– 42 CFR Part 438 ■ 1.5(d) through (p) (except reserved 3. Appendix A to part 272 is amended paragraphs); 373–1.6 (except (c)); 373–1.7 by revising the listing for ‘‘New York’’ through 373–1.11. Managed Care to read as follows: Part 373, Subpart 373–2—Final Status CFR Correction Appendix A to Part 272—State Standards for Owners and Operators of Hazardous Waste Treatment, Storage and ■ In Title 42 of the Code of Federal Requirements Disposal Facilities: Sections 373–2.1 through Regulations, Parts 430 to 481, revised as * * * * * 373–2.4; 373–2.5(a); 373–2.5(b) (except (b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 373– of October 1, 2017, on page 295, in New York 2.5(c) through (g); 373–2.6 through 373–2.11; § 438.214, paragraph (c) [Reserved] is The regulatory provisions include: 373–2.12 (except 373–2.12(a)(1) and (d)); removed and ‘‘(2) [Reserved]’’ is added Title 6, New York Codes, Rules and 373–2.12(a)(1) (January 31, 1992); 373–2.13; in its place. Regulations (6 NYCRR), Chapter IV, Quality 373–2.14; 373–2.15 (except (a)(2)); 373–2.19 [FR Doc. 2018–09060 Filed 4–26–18; 8:45 am] Services, Subchapter B, Solid Wastes (except (e)(1)(ii)); 373–2.23; 373–2.24; and (Volumes A–2 and A–2A), as amended 373–2.27 through 373–2.31. BILLING CODE 1301–00–D effective through September 5, 2006. Part 373, Subpart 373–3—Interim Status Please note: For a few regulations, the Standards Regulations for Owners and authorized regulation is an earlier version of Operators of Hazardous Waste Facilities: FEDERAL COMMUNICATIONS the New York State regulation. For these Sections 373–3.1 (except 373–3.1(a)(4)); 373– COMMISSION regulations, EPA authorized the version of 3.2 through 373–3.4; 373–3.5 (except 373– the regulations that appear in the Official 3.5(b)(1)(i)(c), (b)(3)(ii)(d) and (b)(3)(ii)(e)); 47 CFR Parts 1, 73 and 74 Compilation of Codes, Rules and Regulations 373–3.6 through 373–3.18; 373–3.23; and dated January 31, 1992. New York State made 373–3.27 through 373–3.31. [AU Docket No. 17–351; DA 18–257] later changes to these regulations but these Part 374, Subpart 374–1—Standards for the changes have not been authorized by EPA. Management of Specific Hazardous Wastes Auction of FM Translator Construction The regulations where the authorized and Specific Types of Hazardous Waste Permits Scheduled for June 21, 2018; regulation is an earlier version of the Management Facilities: Sections 374–1.1; Notification of Filing Requirements, regulation are noted below by inclusion in 374–1.3; 374–1.6 (except (a)(2)(iii)); 374–1.7; parentheses of January 31, 1992 after the 374–1.8 (except reserved sections); 374–1.9; Minimum Opening Bids, Upfront regulatory citations. and 374–1.13. Payments, and Other Procedures for Part 360, Subpart 360–14—Used Oil: Part 374, Subpart 374–2—Standards for the Auction 83 Sections 360–14.1(b)(7) and 360–14.1(b)(8). Management of Used Oil: Sections 374–2.1 Part 370—Hazardous Waste Management (except (a)(2) ‘‘Adjacent towns or cities’’, AGENCY: Federal Communications System—General: Sections 370.1(a) (except (a)(4) ‘‘Contract’’, (a)(10) ‘‘On-premises oil Commission. (a)(3)); 370.1(b) through (d); 370.1(e) (except changing operation’’, (a)(14) ‘‘Retail’’, (a)(15) ACTION: Final action; requirements and (e)(9)); 370.1(f); 370.2(a); 370.2(b)(1) through ‘‘Retail establishment’’, (a)(16) ‘‘Service procedures. (b)(15) ‘‘battery’’; 370.2(b)(15) ‘‘bedrock’’, establishment’’, (a)(18) ‘‘Total halogens’’, (January 31, 1992); 370.2(b)(17) through (a)(19) ‘‘Underground used oil tank’’, and SUMMARY: In this document, the (b)(91); 370.2(b)(94) through (b)(125); (a)(27) ‘‘Used oil tank system’’); 374–2.2; Commission summarizes the procedures 370.2(b)(127) through (b)(137); 370.2(b)(139) 374–2.3 (except (c)(3) through (c)(6), and (f)); and announces upfront payments through (b)(221); 370.3 (except 370.3(c)); 374–2.4; 374–2.5 (except (a)(2) and (e)(4)); amounts and minimum opening bids for 370.4; 370.5 (except (b)). 374–2.6 (except (a)(2) and (d)(4)); 374–2.7 Part 371—Identification and Listing of (except (d)(4), (e)(5) and (e)(6)); 374–2.8; and the auction of FM translator Hazardous Waste: Sections 371.1(a) through 374–2.9. construction permits (Auction 83). The (c); 371.1(d) (except (d)(1)(ii)(c)); 371.1(e) Part 374, Subpart 374–3—Standards for document summarized here is intended (except 371.1(e)(1)(xvi) and (e)(2)(vi)(b)(21)); Universal Waste: Sections 374–3.1 (except (f) to familiarize applicants with the 371.1(f)(1) through (7); 371.1(f)(8) (except the and (g)); 374–3.2; 374–3.3; 374–3.4 (except procedures and other requirements for phrase ‘‘or such mixing occurs at a facility (a)(2)); and 374–3.5 through 374–3.7. participation in the auction. regulated under Subpart 373–4 or permitted Part 376—Land Disposal Restrictions: DATES: April 16, 2018, and until 6:00 under Part 373 of this Title’’); 371.1(f)(9) and Sections 376.1 (except (a)(5), (a)(9), (e), (f), (f)(10); 371.1(g)(1) (except (g)(1)(ii)(c) and and (g)(1)(ii)(b)); 376.2; 376.3 (except (b)(4) p.m. Eastern Time (ET) on April 26, (g)(1)(v)); 371.1(g)(2) through (4); 371.1(h) and (d)(2)); 376.4 (except (c)(2), (e)(1)–(7), 2018, each Auction 83 applicant must through (j); 371.2; 371.3; 371.4(a) and (b); and (f)); and 376.5. review, verify or update its previously- 371.4(c) (except K064, K065, K066, K090 and Appendices: Appendices 19 through 25; filed short-form applications (FCC K091 entries); 371.4(d) and (f). Appendices 27 through 30; Appendix 33; Forms 175) electronically. Bidding in
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Auction 83 is scheduled to start on June the Auction 83 Procedures Public response to the Auction 83 Comment 21, 2018. Notice. Public Notice, iHeart, the parent company of three Auction 83 FOR FURTHER INFORMATION CONTACT: For B. Construction Permits and Entities applicants, filed comments supporting auction legal questions, Lynne Milne in Eligible To Participate in Auction 83 the Wireless Telecommunications grant of waivers of 47 CFR 1.2105(b)(2)’s Bureau’s Auctions and Spectrum Access 2. Auction 83 will resolve mutually bar on major modifications to allow Division at (202) 418–0660. For auction exclusive applications for up to 43 new iHeart applicants to participate in process and procedures, the FCC FM translator construction permits. A Auction 83, and one applicant filed an Auction Hotline at (717) 338–2868. For list of the locations and channels of opposition seeking denial of the FM translator service questions, James these proposed stations is included as requested relief. Bradshaw, Lisa Scanlan or Tom Attachment A to the Auction 83 5. The Bureaus decided that under the Nessinger in the Media Bureau’s Audio Procedures Public Notice. Attachment A unique factual circumstances, Division at (202) 418–2700. To request also sets forth the names of applicants application of the rule would be unduly materials in accessible formats (Braille, in each MX group along with a burdensome to Auction 83 applicants large print, electronic files, or audio minimum opening bid and an upfront that have completed a transfer of control format) for people with disabilities, payment amount for each construction or assignment that was authorized by send an email to [email protected] or call permit in Auction 83. the Commission during a period of the Consumer and Governmental Affairs 3. An applicant listed in Attachment approximately 15 years. In accordance Bureau at (202) 418–0530 or (202) 418– A may become qualified to bid only if with 47 CFR 1.3, the Bureaus waive 47 0432 (TTY). it meets the additional filing, CFR 1.2105(b)(2)’s bar on major qualification and payment requirements SUPPLEMENTARY INFORMATION: This is a modifications for any Auction 83 and otherwise complies with applicable summary of Commission’s document applicant, such as iHeart or any other requirements described in the Auction (Auction 83 Procedures Public Notice), similarly-situated party, that has 83 Procedures Public Notice. Each AU Docket No. 17–351; DA 18–257, completed a transfer of control or applicant may become a qualified released on March 16, 2018. The assignment pursuant to a transaction bidder only for those construction complete text of this document is that has been reviewed and approved by permits specified for that applicant in available for public inspection and the Commission prior to the close of the Attachment A to the Auction 83 copying from 8:00 a.m. to 4:30 p.m. ET remedial filing window on April 26, Procedures Public Notice. Each of the Monday through Thursday or from 8:00 2018. An applicant seeking to engineering proposals within each MX a.m. to 11:30 a.m. ET on Fridays in the participate in Auction 83 pursuant to group are directly mutually exclusive FCC Reference Information Center, 445 this relief should include with its with one another; therefore, no more 12th Street SW, Room CY–A257, updated Form 175 during the upcoming than one construction permit will be Washington, DC 20554. The complete remedial filing window a brief awarded for each MX group identified text of this document and related explanation of any changes it has in Attachment A. Once mutually documents also are available on the undertaken during the pendency of its exclusive applications are accepted, internet at the Commission’s website: Form 175, including relevant details because mutual exclusivity exists for http://wireless.fcc.gov/auctions/83, or such as citations to or file numbers of auction purposes, an applicant for a by using the search function for AU Commission authorizations for such particular construction permit cannot Docket No. 17–351 on the Commission’s changes. obtain it without placing a bid, even if 6. In light of the amendments to the Electronic Comment Filing System no other applicant for that construction Commission’s competitive bidding rules (ECFS) web page at http://www.fcc.gov/ permit becomes qualified to bid or in in 2015, the Bureaus also sought cgb/ecfs. fact places a bid. While the Auction 83 comment in the Auction 83 Comment I. General Information Comment Public Notice had sought Public Notice on how to apply 47 CFR comment on whether certain changes 1.2105’s provisions that prohibit the A. Background made since 2003 to 47 CFR 1.2105 filing of multiple auction applications 1. On February 6, 2003, the Media and warranted any different approach in this by applicants subject to common Wireless Telecommunications Bureaus context, no commenter directly control. The amended rules require announced an auction filing window for addressed this issue. The Bureaus do entities with any overlapping applications for new FM translator not see any reason to depart from controlling interest to participate in an stations and major modifications to established precedent for Auction 83. auction through just a single auction authorized FM translator facilities in the 4. Section 1.2105(b)(2) provides that application. The only party to address non-reserved band (Channels 221 to an auction applicant that undertakes a this issue, iHeart, supports the Bureaus 300). By Public Notices released May major change, including a change of proposal to require applicants subject to 21, 2013 and April 30, 2014, the ownership that would constitute an common control to participate through Bureaus provided a list of all assignment or transfer of control, after a single bidding entity in a single applications received during the filing the short-form application filing application covering all of the MX window with engineering proposals that deadline will be disqualified from engineering proposals applied for were mutually exclusive (MX) with participating in bidding. In the Auction previously by the separate commonly engineering proposals in other 83 Comment Public Notice (see 83 FR controlled applicants. The Bureaus applications submitted in the filing 4455, Jan. 31, 2018), the Bureaus sought waived the current rule’s application to window. Applicants were previously comment on whether to waive 47 CFR the originally filed Forms 175, which given the opportunity to eliminate their 1.2105(b)’s prohibition on major pre-dated the current rule by more than mutual exclusivity with other changes with respect to transfers of a decade, and to permit applicants to applicants’ engineering proposals by control or assignments that had come into compliance with the current settlement or technical modification to occurred prior to release of the Auction rule by modifying the relevant auction their proposals. The Bureaus will now 83 Comment Public Notice and/or that applications as necessary to come into proceed to auction with the 43 MX have been subject to Commission review compliance. Accordingly, any Auction groups identified in Attachment A of and approval by a particular date. In 83 applicants with overlapping
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controlling interests will be permitted to 2. Prohibited Communications and bids, bidding at the auction, bidding amend their Forms 175 to participate as Compliance With Antitrust Laws strategies, including arrangements a single bidding entity. Specifically, on 9. Starting with the initial application regarding price or the specific or before March 30, 2018, applicants filing deadline on March 17, 2003, the construction permits or licenses on that have a controlling interest in more rules prohibiting certain which to bid, and any such than one Form 175 listed in Attachment communications set forth in 47 CFR arrangements relating to the post- A to the Auction 83 Procedures Public 1.2105(c) and 73.5002(d) and (e) apply auction market structure. The revised Notice were required to bring those to each applicant that filed a FCC Form rule provides limited exceptions for commonly controlled applications into 175 in Auction 83. Subject to specified communications within the scope of compliance with the restrictions of 47 exceptions, 47 CFR 1.2105(c)(1) any arrangement consistent with the CFR 1.2105(a)(3) by filing a written provides that, after the deadline for exclusions from the Commissions rule request as an attachment to an email filing a short-form application, all prohibiting joint bidding, provided such sent to [email protected]. This written applicants are prohibited from arrangement is disclosed on the request was required to identify by cooperating or collaborating with applicant’s auction application. An applicant name and applicant FCC respect to, communicating with or applicant may continue to communicate registration number (FRN) each of that disclosing, to each other in any manner pursuant to any pre-existing agreement, applicant’s 2003 Forms 175 listed in the substance of their own, or each arrangement, or understanding that is Attachment A in which there is other’s, or any other applicants’ bids or solely operational or that provide for a common control, as well as bidding strategies (including post- transfer or assignment of licenses, identification of the individual or entity auction market structure), or discussing provided that such agreement, with such common control. This email or negotiating settlement agreements, arrangement or understanding does not was required to request consolidation of until after the down payment deadline. involve the communication or the previously filed Forms 175 in Applicants are hereby placed on notice coordination of bids (including Attachment A with common control. that public disclosure of information amounts), bidding strategies, or the The request had to be signed by a relating to bids, bidding strategies, or to particular licenses on which to bid and person who is an authorized post-auction market structures may provided that such agreement, representative of the applicant with violate 47 CFR 1.2105(c). arrangement or understanding is authority to bind that applicant. After disclosed on its application. consolidation, the remaining single a. Entities Subject to Section 1.2105 applicant was required to update, certify 12. In the Auction 83 Comment Public 10. An applicant for purposes of this Notice, the Bureaus sought comment on and submit its FCC Form 175 during the rule includes the officers and directors remedial filing window. whether waiver of certain provisions of of the applicant, all controlling interests 47 CFR 1.2105 might be appropriate or C. Rules and Disclaimers in the entity submitting the FCC Form necessary in light of the passage of time 175, as well as all holders of interests 1. Relevant Authority since the 2003 filing of the original amounting to 10 percent or more of the Auction 83 Forms 175, the rule 7. Applicants must familiarize entity, and all officers and directors of revisions in 2015, and the business themselves thoroughly with the that entity. A party that submits an changes that applicants may have Commission’s general competitive application becomes an applicant under undergone. The Bureaus noted that bidding rules, including Commission the rule at the application deadline and some Auction 83 applicants and their decisions in proceedings regarding that status does not change based on pending applications might not be in competitive bidding procedures, subsequent developments. Thus, an compliance with the current 47 CFR application requirements, and auction applicant that does not make 1.2105 provisions regarding joint obligations of Commission licensees. and submit update to its Form 175 bidding agreements and auction-related Broadcasters should also familiarize during the upcoming remedial filing communications. No comment was filed themselves with the Commission’s window, correct deficiencies in its on this issue in response to the Auction commercial FM translator broadcast application, fails to submit a timely and 83 Comment Public Notice. No party has service and competitive bidding sufficient upfront payment or does not filed notice of any potential violation of requirements contained in 47 CFR parts otherwise become qualified, remains an the provisions of 47 CFR 1.2105(c) with 73 and 74, as well as Commission orders applicant for purposes of 47 CFR respect to prohibited bidding concerning competitive bidding. 1.2105(c) and remains subject to the agreements or communications. Applicants must also be thoroughly prohibition on certain communications Consequently, the Bureaus find no familiar with the procedures, terms and until the applicable down payment cause to waive the relevant rules. conditions contained in the Auction 83 deadline. Procedures Public Notice and any future b. Scope of Prohibition on c. Section 1.2105(c) Certification public notices that may be released in Communications; Prohibition on Joint this proceeding. 13. By electronically submitting its 8. The terms contained in the Bidding Agreements Form 175, each applicant in Auction 83 Commission’s rules, relevant orders, 11. The Commission in 2015 amended certified its compliance with 47 CFR and public notices are not negotiable. 47 CFR 1.2105(c) to extend its 1.2105(c) and 73.5002(d). However, the The Commission may amend or prohibition on communications to cover mere filing of a certifying statement as supplement the information contained all applicants for an auction regardless part of an application will not outweigh in their public notices at any time, and of whether the applicants seek permits specific evidence that a prohibited will issue public notices to convey any in the same geographic area or market. communication has occurred, nor will it new or supplemental information to Accordingly, the Commission now preclude the initiation of an applicants. It is the responsibility of prohibits joint bidding arrangements, investigation when warranted. Any each applicant to remain current with including arrangements relating to the applicant found to have violated these all Commission rules and with all licenses being auctioned that address or communication prohibitions may be public notices pertaining to Auction 83. communicate, directly or indirectly, subject to sanctions.
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d. Reporting Requirements following the procedures specified in 47 endorsement by the FCC of any 14. Section 1.2105(c)(4) requires that CFR 0.459. Such parties also are particular service, technology, or any applicant that makes or receives a encouraged to coordinate with the product, nor does an FCC construction communication that appears to violate Auctions and Spectrum Access Division permit or license constitute a guarantee 47 CFR 1.2105(c) must report such staff about the procedures for submitting of business success. 21. An applicant should perform its communication in writing to the such reports. due diligence research and analysis Commission immediately, and in no f. Winning Bidders Must Disclose Terms before proceeding, as it would with any case later than five business days after of Agreements new business venture. In particular, the the communication occurs. Each 17. Each applicant that is a winning Bureaus strongly encourage each applicant’s obligation to report any such bidder will be required to disclose in its potential bidder to perform technical communication continues beyond the long-form application the specific terms, analyses and/or refresh its previous five-day period after the communication conditions, and parties involved in any analyses to assure itself that, should it is made, even if the report is not made agreement it has entered into. This become a winning bidder for any within the five-day period. applies to any bidding consortia, joint Auction 83 construction permit, it will e. Procedures for Reporting Prohibited venture, partnership, or agreement, be able to build and operate facilities Communications understanding, or other arrangement that will fully comply with all entered into relating to the competitive applicable technical and legal 15. Section 1.2105(c) requires parties bidding process, including any requirements. The Bureaus strongly to file only a single report concerning a agreement relating to the post-auction encourage each applicant to inspect any prohibited communication and to file market structure. Failure to comply with prospective transmitter sites located in, that report with Commission personnel the Commission’s rules can result in or near, the service area for which it expressly charged with administering enforcement action. plans to bid, confirm the availability of the Commission’s auctions. Any reports such sites, and to familiarize itself with g. Antitrust Laws required by 47 CFR 1.2105(c) must be the Commission’s rules regarding the filed consistent with the instructions set 18. Regardless of compliance with the National Environmental Policy Act. forth in the Auction 83 Procedures Commission’s rules, applicants remain 22. The Bureaus strongly encourage Public Notice. For Auction 83, such subject to the antitrust laws, which are each applicant to continue to conduct reports must be filed with the Chief of designed to prevent anticompetitive its own research throughout Auction 83 the Auctions and Spectrum Access behavior in the marketplace. in order to determine the existence of Division, Wireless Telecommunications Compliance with the disclosure pending or future administrative or Bureau, by the most expeditious means requirements of 47 CFR 1.2105(c) will judicial proceedings—including available. Any such report should be not insulate a party from enforcement of applications, applications for submitted by email to Margaret W. the antitrust laws. modification, rulemaking proceedings, Wiener at the following email address: 19. To the extent the Commission requests for special temporary authority, [email protected]. If you choose becomes aware of specific allegations waiver requests, petitions to deny, instead to submit a report in hard copy, that suggest that violations of the federal petitions for reconsideration, informal any such report must be delivered only antitrust laws may have occurred, the objections, and applications for to: Margaret W. Wiener, Chief, Auctions Commission may refer such allegations review—may relate to particular and Spectrum Access Division, Wireless to the U.S. Department of Justice for applicants or the licenses available in Telecommunications Bureau, Federal investigation. If an applicant is found to Auction 83 (or the terms and conditions Communications Commission, 445 12th have violated the antitrust laws or the thereof, including all applicable Street SW, Room 6C217, Washington, Commission’s rules in connection with Commission rules and regulations) and DC 20554. its participation in the competitive might affect an applicant’s decision on 16. Section 1.2105(c) is designed to bidding process, the applicant may be continued participation in the auction. minimize the risk of inadvertent subject to forfeiture of its upfront Each applicant is responsible for dissemination of information in such payment, down payment, or full bid assessing the likelihood of the various reports. A party reporting any amount and may be prohibited from possible outcomes and for considering communication pursuant to 47 CFR participating in future auctions, among the potential impact on construction 1.65, 1.2105(a)(2), or 1.2105(c)(4) must other sanctions. permits available in this auction. The take care to ensure that any report of a due diligence considerations mentioned 3. Due Diligence prohibited communication does not in the Auction 83 Procedures Public itself give rise to a violation of 47 CFR 20. The Bureaus remind each Notice do not comprise an exhaustive 1.2105(c). For example, a party’s report potential bidder that it is solely list of steps that should be undertaken of a prohibited communication could responsible for investigating and prior to participating in this auction. As violate the rule by communicating evaluating all technical and marketplace always, the burden is on the potential prohibited information to other factors that may have a bearing on the bidder to determine how much research applicants through the use of value of the construction permits for to undertake, depending upon specific Commission filing procedures that commercial FM translators that it is facts and circumstances related to its would allow such materials to be made seeking in this auction. The FCC makes interests. available for public inspection, such as, no representations or warranties about 23. Applicants are solely responsible a submission to the Commission’s Office the use of this spectrum or these for identifying associated risks and for of the Secretary or to the Commission’s construction permits for particular investigating and evaluating the degree Electronic Comment Filing System. A services. Applicants should be aware to which such matters may affect their party seeking to report such a prohibited that an FCC auction represents an ability to bid on, otherwise acquire, or communication should consider opportunity to become an FCC make use of the construction permits submitting its report with a request that permittee in a broadcast service, subject available in Auction 83. Each potential the report or portions of the submission to certain conditions and regulations. bidder is responsible for undertaking be withheld from public inspection by An FCC auction does not constitute an research to ensure that any permits won
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in Auction 83 will be suitable for its Auction Tutorial Available (via II. Short-Form Application (FCC Form business plans and needs. Each internet)—April 12, 2018 175) Requirements potential bidder must undertake its own Short-Form Application (FCC Form 175) A. Updating Applicant’s FCC Form 175 assessment of the relevance and in Auction Application System— importance of information gathered as Remedial Filing Window Opened— Remedial Filing Window Closes April part of its due diligence efforts. April 16, 2018; 12:00 noon ET 26, 2018 24. The Commission makes no Short-Form Application (FCC Form 175) representations or guarantees regarding 30. To qualify to participate in Remedial Filing Window Deadline— bidding, each Auction 83 applicant the accuracy or completeness of April 26, 2018; prior to 6:00 p.m. ET information in its databases or any third must provide sufficient information in party databases, including, for example, Upfront Payments (via wire transfer)— the data fields of its electronic FCC court docketing systems. To the extent May 31, 2018; 6:00 p.m. ET Form 175 that it is able to certify and the Commission’s databases may not Mock Auction—June 15, 2018 submit its auction application, in compliance with the Commission’s include all information deemed Auction Begins—June 21, 2018 necessary or desirable by an applicant, competitive bidding rules and the it must obtain or verify such 3. Requirements for Participation procedures and deadlines set forth in information from independent sources the Auction 83 Procedures Public or assume the risk of any 29. A party whose application is Notice. Attachment B of the Auction 83 incompleteness or inaccuracy in said listed on Attachment A of the Auction Procedures Public Notice contains databases. Furthermore, the 83 Procedures Public Notice may detailed instructions for updating and Commission makes no representations participate in the bidding in Auction 83 verifying short-form applications. or guarantees regarding the accuracy or only if the applicant: 31. Applicants must make necessary completeness of information that has • updates and certifications, and must During the remedial filing window, verify short-form application been provided by incumbent licensees provides sufficient information in the information during a remedial filing and incorporated into its databases. data fields of its electronic FCC Form window. The window opened at noon 4. Use of Auction Systems 175 that it is able to certify and submit ET on April 16, 2018, and will close at its auction application. Instructions for 25. The Commission makes no 6:00 p.m. ET on April 26, 2018. submitting an updated application are 32. Each Auction 83 applicant is warranty whatsoever with respect to the provided in the Auction 83 Procedures required to review its FCC Form 175 in FCC auction systems. In no event shall the auction application system to insure the Commission, or any of its officers, Public Notice. that all relevant information is provided employees, or agents, be liable for any Æ In the event that the application is and that the information contained in damages whatsoever (including, but not found to be incomplete after the application is accurate and complete limited to, loss of business profits, Commission staff review, an applicant at this time. Each applicant must business interruption, loss of business will have a limited opportunity to provide updates or revisions of information, or any other loss) arising address deficiencies in its application previously submitted information, out of or relating to the existence, during a resubmission window, the consistent with the requirements of 47 furnishing, functioning, or use of the dates for which will be announced in a CFR 1.65. The auction application FCC auction systems that are accessible future public notice. system will permit an applicant to to qualified bidders in connection with Æ If an applicant fails to provide navigate to the certify and submit screen this auction. Moreover, no obligation or sufficient information in the data fields in its Form 175 only after providing liability will arise out of the required disclosures of information in Commission’s technical, programming, of its electronic Form 175 the applicant specified data entry fields. An applicant or other advice or service provided in therefore will not able to certify and may also be required to upload an connection with the FCC auction submit its Form 175. If an Auction 83 attachment to its Form 175 application systems. applicant fails to certify and submit its Form 175 during the remedial window, in some circumstances. Each applicant D. Auction Specifics that auction application will be is advised to begin its application updating process early during the 1. Bidding Methodology and Options designated as Incomplete-Disqualified. If an application is designated as remedial filing window so that it can 26. The Commission will conduct this Incomplete-Disqualified, that applicant certify and submit its FCC Form 175 auction over the internet using the FCC will have no further opportunity to prior to the close of the remedial filing auction bidding system. Qualified window. Each Auction 83 applicant update its application, and the applicant bidders are permitted to bid must certify and submit any updates will be disqualified from further electronically via the internet or by prior to 6:00 p.m. ET on April 26, 2018. telephone using the telephonic bidding participation in Auction 83. option. All telephone calls are recorded. • Submits a sufficient upfront B. Minor Modifications to Short-Form 27. The initial schedule for bidding payment and an FCC Remittance Advice Applications rounds will be announced by public Form (FCC Form 159) by 6:00 p.m. ET 33. Notwithstanding the relief from 47 notice at least one week before bidding on May 31, 2018, following the CFR 1.2105(b)’s major change restriction in the auction starts. Moreover, unless procedures and instructions set forth in for past transactions as discussed in the otherwise announced, bidding on all Attachment C to the Auction 83 Auction 83 Procedures Public Notice, at construction permits will be conducted Procedures Public Notice; and this stage in the application process, an on each business day until bidding has Auction 83 applicant is permitted to • Complies with all provisions stopped on all construction permits. make only minor changes to its outlined in the Auction 83 Procedures application. Permissible minor changes 2. Pre-Auction Dates and Deadlines Public Notice and applicable include, among other things, deletion 28. The following dates and deadlines Commission rules. and addition of authorized bidders (to a apply: maximum of three) and revision of
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addresses and telephone numbers of the changes must include a subject or the affiliates of its controlling interests, applicants and their contact persons. If caption referring to Auction 83 and the is in default on any payment for any revised or updated information name of the applicant, for example, ‘‘Re: Commission construction permit or constitutes a ‘‘major amendment,’’ as Changes to Auction 83 Short-Form license (including a down payment) or defined by 47 CFR 1.2105, such changes Application of ABC Corp.’’ The Bureaus is delinquent on any non-tax debt owed may result in the dismissal of the request that parties format any to any Federal agency as of the filing application. In this context, major attachments to email as Adobe® deadline for FCC Forms 175 in that amendments include a change of Acrobat® (pdf) or Microsoft® Word auction. Accordingly, each applicant technical proposals, change control of documents. Questions about short-form must certify under penalty of perjury on the applicant, claim eligibility for a application amendments should be its Form 175 that the applicant, any of higher percentage of bidding credit, or directed to the Auctions and Spectrum its affiliates, any of its controlling change the identification of the Access Division at (202) 418–0660. interests, and any of the affiliates of its application’s proposed facilities as 38. Applicants must not submit controlling interests are not in default noncommercial educational after the application-specific material through on any payment for a Commission initial application filing deadline. the Commission’s Electronic Comment construction permit or license Filing System, which was used for (including a down payment) and are not C. Maintaining Current Information in submitting comments regarding delinquent on any non-tax debt owed to Short-Form Applications procedures for conducting Auction 83. any Federal agency. For purposes of 34. As required by 47 CFR 1.65 and 39. Applicants should note that making this certification, the term 1.2105(b), an applicant must maintain submission of a short-form application controlling interest is defined in 47 CFR the accuracy and completeness of all (and any amendments thereto) 1.2105(a)(4)(i). If an Auction 83 information furnished in its pending constitutes a representation by the applicant has an outstanding non-tax application and in competitive bidding person certifying the application that he debt to the Commission or any other proceedings to furnish additional or or she is an authorized representative of federal agency, including any debts that corrected information to the the applicant with authority to bind the results in a listing of the applicant on Commission within five days of a applicant, that he or she has read the the Commission’s Red Light Display significant occurrence, or to amend a form’s instructions and certifications, System, as of the closing deadline of the short form application no more than five and that the contents of the application, remedial filing window, the applicant days after the applicant becomes aware its certifications, and any attachments will be unable to make the required of the need for the amendment. Changes are true and correct. Applicants are certification that it is not currently in that cause a loss of or reduction in the reminded that submission of a false default; if so, such applicant will be not percentage of bidding credit specified in certification to the Commission is a eligible to participate in Auction 83 the application must be reported serious matter that may result in severe bidding. immediately, and no later than five penalties, including monetary 42. An Auction 83 applicant is business days after the change occurs. forfeitures, license revocations, considered a former defaulter or a former delinquent when the applicant D. Submission of Updates to Short-Form exclusion from participation in future or any of its controlling interests (as Applications auctions, and/or criminal prosecution. defined by 47 CFR 1.2105(a)(4)(i)) has E. Electronic Review of Short-Form 35. Updates to short-form applications defaulted on any Commission Applications should be made electronically using the construction permit or license FCC auction application system 40. During the remedial filing (including a down payment) or has been whenever possible. For the change to be window, an applicant listed in delinquent on any non-tax debt owed to submitted and considered by the Attachment A of the Auction 83 any Federal agency, but has since Commission, be sure to click on the Procedures Public Notice must review remedied all such defaults and cured all SUBMIT button. and update its electronic FCC Form 175 of the outstanding non-tax 36. An applicant can use the auction in the auction application system. There delinquencies prior to the remedial application system outside of the is no fee to access this system. See filing deadline in this auction. A former remedial and resubmission filing Attachment B of the Auction 83 defaulter or a former delinquent may windows to make administrative and Procedures Public Notice for details on participate further in Auction 83 so long certain other changes to its short-form accessing the auction application as it is otherwise qualified, and that application. After the resubmission system. During the remedial filing applicant makes an upfront payment filing window has closed, the system window, each Auction 83 applicant that is 50 percent more than would will permit applicants to modify listed in Attachment A must, at a otherwise be required. An applicant information in most of the application’s minimum, certify and submit its Form must certify under penalty of perjury data fields. 175. whether it, along with any of its 37. If changes need to be made controlling interests, has ever been in F. Provisions Regarding Former and outside of these windows, the applicant default on any payment for a Current Defaulters must submit a letter briefly Commission construction permit or summarizing the changes and 41. Pursuant to the rules governing license (including a down payment) or subsequently update its short-form competitive bidding, each applicant has ever been delinquent on any non-tax application in the auction application must make certifications regarding debt owed to any Federal agency, system. Any letter describing changes to whether it is a current or former subject to the exclusions described in an applicant’s short-form application defaulter or delinquent. A current the Auction 83 Procedures Public must be addressed to Margaret W. defaulter or delinquent is not eligible to Notice. Wiener, Chief, Auctions and Spectrum participate in Auction 83. An applicant 43. In 2015, the Commission Access Division, Wireless is considered a current defaulter or a narrowed the scope of the individuals Telecommunications Bureau, and current delinquent when it, any of its and entities to be considered a former submitted by email to auction83@ affiliates (as defined by 47 CFR 1.2110), defaulter or a former delinquent. For fcc.gov. The email summarizing the any of its controlling interests, or any of purposes of the certification under 47
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CFR 1.2105(a)(2)(xii), the applicant may of an auction applicant’s ability to 50. Previously submitted short-form exclude from consideration any cured comply with the default and applications may be viewed and default on a Commission construction delinquency disclosure requirements of updated at any time from noon ET on permit or license or delinquency on a 47 CFR 1.2105. Thus, while the red light April 16, 2018, until the filing window non-tax debt owed to a Federal agency rule ultimately may prevent the closes at 6:00 p.m. ET on April 26, 2018. for which any of the following criteria processing of long-form applications by Applicants are strongly encouraged to are met: (1) The notice of the final auction winners, an auction applicant’s file early and are responsible for payment deadline or delinquency was lack of current red light status is not allowing adequate time for filing their received more than seven years before necessarily determinative of its applications. Applications can be the FCC Form 175 filing deadline; (2) eligibility to participate in an auction or updated or amended multiple times the default or delinquency amounted to of its upfront payment obligation. until the remedial filing deadline at 6:00 less than $100,000; (3) the default or 47. Moreover, applicants in Auction p.m. ET on April 26, 2018. 51. An applicant must click on the delinquency was paid within six 83 should note that any long-form SUBMIT button on the ‘‘Certify & months after receiving the notice of the applications filed after the close of Submit’’ screen to successfully submit final payment deadline or delinquency; bidding will be reviewed for compliance its FCC Form 175 and any or (4) the default or delinquency was the with the Commission’s red light rule, subject of a legal or arbitration modifications; otherwise the application and such review may result in the proceeding and was cured upon or changes to the application will not be dismissal of a winning bidder’s long- resolution of the proceeding. received or reviewed by Commission 44. Applicants are encouraged to form application. The Bureaus strongly staff. review previous guidance provided by encourage each applicant to carefully C. Application Processing and the Wireless Telecommunications review all records and other available Corrections of Deficiencies Bureau on default and delinquency federal agency databases and disclosure requirements in the context information sources to determine 52. The Commission will process all of the auction short-form application whether the applicant, or any of its applications for permits listed in process. For example, it has been affiliates (as defined in 47 CFR 1.2110), Attachment A of the Auction 83 determined that, to the extent that or any of its controlling interests, or any Procedures Public Notice that are Commission rules permit late payment of the affiliates of its controlling certified and submitted during the of regulatory or application fees interests, owes or was ever delinquent remedial filing window to determine accompanied by late fees, such debts in the payment of non-tax debt owed to which are complete, incomplete, or will become delinquent for purposes of any federal agency. incomplete-disqualified. Subsequent to 47 CFR 1.2105(a) and 1.2106(a) only III. Pre-Auction Procedures the remedial filing window the Bureaus after the expiration of a final payment will issue a public notice identifying the deadline. Therefore, with respect to A. Online Tutorial on Bidding Process— status of each application. An applicant regulatory or application fees, the Available April 12, 2018 whose application is incomplete will have a limited opportunity to address provisions of 47 CFR 1.2105(a) and 48. An educational auction tutorial deficiencies during a resubmission 1.2106(a) regarding default and became available on the Auction 83 web window, the dates for which will be delinquency in connection with page on Thursday, April 12, 2018. The announced in a future public notice. If competitive bidding are limited to tutorial will remain available and circumstances in which the relevant a listed Auction 83 applicant does not accessible anytime for reference in party has not complied with a final certify and submit its Form 175 auction connection with the procedures Commission payment deadline. Parties application during the remedial filing outlined in the Auction 83 Procedures are also encouraged to consult with the window, its application will be Public Notice. Wireless Telecommunications Bureau’s designated as incomplete-disqualified, Auctions and Spectrum Access Division B. Revised Short-Form Applications— and the applicant will be disqualified staff if they have any questions about Due Prior to 6:00 p.m. ET on April 26, from further participation in Auction default and delinquency disclosure 2018 83. requirements. 53. Commission staff will 45. The Commission considers 49. During the remedial filing communicate only with an applicant’s outstanding debts owed to the United window, each Auction 83 applicant contact person or certifying official, as States Government, in any amount, to be listed in Attachment A must, at a designated on the short-form a serious matter. The Commission minimum, provide sufficient application, unless the applicant’s adopted rules, including a provision information in the data fields of the certifying official or contact person referred to as the red light rule, that form such that it is able to certify and notifies the Commission in writing that implement its obligations under the submit its Form 175 via the FCC’s applicant’s counsel or other Debt Collection Improvement Act of auction application system. If any representative is authorized to speak on 1996, but the Commission’s adoption of information in its Form 175 or its its behalf. Authorizations may be sent the red light rule does not alter the attachments is inaccurate or otherwise by email to [email protected]. applicability of any of its competitive needs to be updated, any such changes bidding rules, including the provisions must be reported in its Form 175 during D. Upfront Payments—Due May 31, and certifications of 47 CFR 1.2105 and the upcoming remedial filing window. 2018 1.2106, with regard to current and Attachment B of the Auction 83 54. In order to be eligible to bid in this former defaults or delinquencies. Procedures Public Notice contains auction, a sufficient upfront payment 46. The Bureaus remind each instructions for updating short-form and a complete and accurate FCC applicant, however, that the applications in the remedial window. Remittance Advice Form (FCC Form Commission’s Red Light Display Updates to the short-form application 159) must be submitted prior to 6:00 System, which provides information must be submitted prior to 6:00 p.m. ET p.m. ET on May 31, 2018, following the regarding debts currently owed to the on April 26, 2018. No application fee is procedures outlined below and the Commission, may not be determinative required. instructions in Attachment C to the
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Auction 83 Procedures Public Notice. about the importance of planning ahead permit, otherwise qualified bidders that After completing its short-form to prepare for unforeseen last-minute are designated in Attachment A of the application, an applicant will have difficulties in making payments by wire Auction 83 Procedures Public Notice for access to an electronic version of the transfer. Each applicant also is that construction permit must have a FCC Form 159. This Form 159 can be responsible for obtaining confirmation current eligibility level that meets or printed and the completed form must be from its financial institution that its exceeds the number of bidding units sent by fax to the FCC at (202) 418– wire transfer to JP Morgan Chase was assigned to that construction permit. At 2843. successful and from Commission staff a minimum, therefore, an applicant’s that its upfront payment was timely total upfront payment must be enough 1. Making Upfront Payments by Wire received and that it was deposited into to establish eligibility to bid on at least Transfer the proper account. To receive one of the construction permits 55. Wire transfer payments must be confirmation from Commission staff, designated for that applicant in received before 6:00 p.m. ET on May 31, contact Gail Glasser of the Office of Attachment A of the Auction 83 2018. No other payment method is Managing Director’s Revenue & Procedures Public Notice, or else the acceptable. Specifically, the Receivables Operations Group/Auctions applicant will not be eligible to Commission will not accept checks, at (202) 418–0578, or alternatively, participate in the auction. An applicant credit cards or automated clearing house Theresa Meeks at (202) 418–2945. does not have to make an upfront payments. To avoid untimely payments, 58. All upfront payments must be payment to cover all construction applicants should discuss arrangements made in U.S. dollars. All upfront permits designated for that applicant in (including bank closing schedules) with payments must be made by wire Attachment A of the Auction 83 their bankers several days before they transfer. Upfront payments for Auction Procedures Public Notice, but only plan to make the wire transfer, and 83 go to an account number different enough to cover the maximum number allow sufficient time for the transfer to from the accounts used in previous FCC of bidding units that are associated with be initiated and completed before the auctions. Failure to deliver a sufficient construction permits on which they deadline. The BNF Account Number is upfront payment as instructed in the wish to place bids and hold specific to the upfront payments for this Auction 83 Procedures Public Notice by provisionally winning bids in any given auction. Do not use BNF Account the deadline on May 31, 2018 will result round. (A provisionally winning bid is Number from previous auctions. The in dismissal of the short-form a bid that would become a final winning following information will be needed: application and disqualification from bid if the auction were to close after the ABA Routing Number: 021000021 further participation in the auction. given round.) The total upfront payment does not affect the total dollar amount Receiving Bank: JP Morgan Chase 2. FCC Form 159 the bidder may bid on any given Beneficiary: FCC/Account #267516869 59. An accurate and complete FCC Originating Bank Information (OBI construction permit. Remittance Advice Form (FCC Form 62. In the Auction 83 Comment Public Field): (Skip one space between each 159, Revised 2/03) must be faxed to the Notice, the Bureaus proposed an upfront information item) ‘‘AUCTIONPAY’’ FCC at (202) 418–2843 to accompany payment for each construction permit, Applicant FCC Registration Number each upfront payment. Proper taking into account various factors (FRN): (same as FCC Form 159, block completion of this form is critical to related to the efficiency of the auction 21) ensuring correct crediting of upfront process and the potential value of Payment Type Code: (same as FCC Form payments. Detailed instructions for similar spectrum, and sought comment 159, block 24A: ‘‘U083’’) completion of FCC Form 159 are on this proposal. The Bureaus received FCC Code 1: (same as FCC Form 159, included in Attachment C. An no comment on the specified upfront block 28A: ‘‘83’’) electronic pre-filled version of the FCC payment amounts for each construction Payer Name: (same as FCC Form 159, Form 159 is available after submitting permit in Auction 83, and the proposed block 2) the FCC Form 175. Payers using the pre- upfront payment amounts are adopted. Payer FCC Registration Number (FRN): filled FCC Form 159 are responsible for The specific upfront payment amounts (If different from applicant FRN): # ensuring that all of the information on and bidding units for each construction 56. At least one hour before placing the form, including payment amounts, permit are set forth in Attachment A of the order for the wire transfer (but on is accurate. the Auction 83 Procedures Public the same business day), applicants must Notice. fax a completed FCC Form 159 (Revised 3. Upfront Payments and Bidding 63. In calculating its upfront payment 2/03) to the FCC at (202) 418–2843. On Eligibility amount, an applicant should determine the fax cover sheet, write ‘‘Wire 60. Applicants must make upfront the maximum number of bidding units Transfer—Auction Payment for Auction payments sufficient to obtain bidding on which it may wish to be active (bid 83.’’ In order to meet the upfront eligibility on the construction permits on or hold provisionally winning bids payment deadline, an applicant’s on which they will bid. The Bureaus on) in any single round, and submit an payment must be credited to the proposed in the Auction 83 Comment upfront payment amount covering that Commission’s account for Auction 83 Public Notice that the amount of the number of bidding units. In order to before the deadline. upfront payment would determine a make this calculation, an applicant 57. Each applicant is responsible for bidder’s initial bidding eligibility, the should add together the bidding units ensuring timely submission of its maximum number of bidding units on for all construction permits on which it upfront payment and for timely filing of which a bidder may place bids in any seeks to be active in any given round. an accurate and complete FCC single round. The Bureaus received no Applicants should check their Remittance Advice Form (FCC Form comment on the proposal that the calculations carefully, as there is no 159). An applicant should coordinate upfront payment amount would provision for increasing a bidder’s with its financial institution well ahead determine a bidder’s initial bidding eligibility after the upfront payment of the due date regarding its wire eligibility, and this proposal is adopted. deadline. A qualified bidder’s maximum transfer. The Commission repeatedly 61. Under the Bureaus’ proposal, in eligibility will not exceed the sum of the has cautioned auction participants order to bid on a particular construction bidding units associated with the total
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number of construction permits be able to submit bids. Therefore, if this which is released at least one week identified for that applicant in mailing is not received by noon on before the start of the auction. Attachment A of the Auction 83 Thursday, June 14, 2018, the contact, A. Auction Structure Procedures Public Notice. certifier or authorized bidder listed on 64. Applicants that are former that applicant’s Form 175 needs to call 1. Simultaneous Multiple Round defaulters, as described in the Auction the Auctions Hotline at (717) 338–2868. Auction 83 Procedures Public Notice, must pay Receipt of this registration mailing is 73. In the Auction 83 Comment Public upfront payments 50 percent greater critical to participating in the auction, Notice, the Bureaus proposed to auction than non-former defaulters. For this and each applicant is responsible for all construction permits listed in classification as a former defaulter or a ensuring it has received all of the Attachment A of the Auction 83 former delinquent, defaults and registration material. Procedures Public Notice in a single delinquencies of the applicant itself and ® 69. In the event that SecurID tokens auction using the Commission’s its controlling interests are included. are lost or damaged, only a person who standard simultaneous multiple-round For this purpose, the term controlling has been designated as an authorized auction format. This type of auction interest is defined in 47 CFR bidder, the contact person, or the 1.2105(a)(4)(i). If a former defaulter fails offers every construction permit for bid certifying official on the applicant’s at the same time and consists of to submit a sufficient upfront payment short-form application may request to establish eligibility to bid on at least successive bidding rounds in which replacements. To request replacement of qualified bidders may place bids on one of the construction permits these items, call Technical Support at designated for that applicant in individual construction permits. The (877) 480–3201, option nine; (202) 414– Bureaus received no comment on this Attachment A of the Auction 83 1250; or (202) 414–1255 (TTY). Procedures Public Notice, that applicant proposal, and this proposal is adopted. will not be eligible to participate further F. Remote Electronic Bidding Unless otherwise announced, bids will in Auction 83. This applicant will retain be accepted on all construction permits 70. The Commission will conduct this its status as an applicant in Auction 83, in each round of the auction until auction over the internet, and and will remain subject to 47 CFR bidding stops on every construction telephonic bidding will be available as 1.2105(c) and 73.5002(d). permit. well. Only qualified bidders are 65. If an applicant is a former 2. Eligibility and Activity Rules defaulter, it must calculate its upfront permitted to bid. Each applicant should payment for all of its identified indicate its bidding preference, 74. As discussed in the Auction 83 construction permits by multiplying the electronic or telephonic, on its FCC Procedures Public Notice, the Bureaus number of bidding units on which it Form 175. In either case, each will use upfront payments to determine authorized bidder must have its own initial (maximum) bidding eligibility (as wishes to be active by 1.5. In order to ® calculate the number of bidding units to SecurID token, which the Commission measured in bidding units) for Auction assign to former defaulters, the will provide at no charge. Each 83. The amount of the upfront payment applicant with one authorized bidder submitted by a bidder determines initial Commission will divide the upfront ® payment received by 1.5 and round the will be issued two SecurID tokens, bidding eligibility, the maximum result up to the nearest bidding unit. while applicants with two or three number of bidding units on which a authorized bidders will be issued three bidder may be active. As noted earlier, E. Auction Registration tokens. For security purposes, the each construction permit is assigned a ® 66. At least one week before the SecurID tokens, bidding system web specific number of bidding units as beginning of bidding in the auction, the address, FCC assigned username, and listed in Attachment A of the Auction Bureaus will issue a public notice the telephonic bidding telephone 83 Procedures Public Notice. Bidding announcing all qualified bidders for the number are only mailed to the contact units assigned to each construction auction. Qualified bidders are those person at the contact address listed on permit do not change as prices rise ® applicants with submitted FCC Form the FCC Form 175. Each SecurID token during the auction. Upfront payments 175 applications that are deemed timely is tailored to a specific auction. are not attributed to specific ® filed, accurate, and substantially SecurID tokens issued for other construction permits. Rather, a bidder complete, provided that such applicants auctions or obtained from a source other may place bids on any of the have timely submitted an upfront than the FCC will not work for Auction construction permits for which it is payment that is sufficient to qualify 83. designated an applicant in Attachment A of the Auction 83 Procedures Public them to bid. G. Mock Auction—June 19, 2018 67. All qualified bidders are Notice as long as the total number of automatically registered for the auction. 71. All qualified bidders will be bidding units associated with those Registration materials will be eligible to participate in a mock auction construction permits does not exceed its distributed prior to the auction by on Tuesday, June 19, 2018. The mock current eligibility. Eligibility cannot be overnight mail. The mailing will be sent auction will enable bidders to become increased during the auction; it can only only to the contact person at the contact familiar with the FCC auction bidding remain the same or decrease. Thus, in address listed in the FCC Form 175 and system prior to the auction. The Bureaus calculating its upfront payment amount will include the SecurID® tokens that strongly recommend that all bidders and therefore its initial bidding will be required to place bids, the web participate in the mock auction. Details eligibility, an applicant must determine address and instructions for accessing will be announced by public notice. the maximum number of bidding units on which it may wish to bid or hold and logging in to the auction bidding IV. Auction system, an FCC assigned username provisionally winning bids in any single (User ID) for each authorized bidder, 72. The first round of bidding for round, and submit an upfront payment and the Auction Bidder Line phone Auction 83 will begin on Thursday, amount covering that total number of number. June 21, 2018. The initial bidding bidding units. At a minimum, an 68. Qualified bidders that do not schedule will be announced in a public applicant’s upfront payment must cover receive this registration mailing will not notice listing the qualified bidders, the bidding units for at least one of the
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construction permits for which it is the event that exigent circumstances 84. The Bureaus also sought comment designated an applicant in Attachment prevent it from bidding in a particular on alternative versions of the A of the Auction 83 Procedures Public round. simultaneous stopping rule for Auction Notice. The total upfront payment does 80. The FCC auction bidding system 83. (1) The auction would close for all not affect the total dollar amount a will assume that a bidder that does not construction permits after the first bidder may bid on any given meet the activity requirement would round in which no bidder applies a construction permit. The Bureaus prefer to use an activity rule waiver (if waiver or places any new bid on a received no comments on the bidding available) rather than lose bidding construction permit for which it is not eligibility proposals, and these eligibility. Therefore, the system will the provisionally winning bidder. Thus, proposals are adopted. automatically apply a waiver at the end absent any other bidding activity, a 75. In order to ensure that an auction of any bidding round in which a bidder placing a new bid on a closes within a reasonable period of bidder’s activity level is below the construction permit for which it is the time, an activity rule requires bidders to minimum required unless (1) the bidder provisionally winning bidder would not bid actively throughout the auction, has no activity rule waivers remaining keep the auction open under this rather than wait until late in the auction or (2) the bidder overrides the automatic modified stopping procedure. (2) The before participating. Bidders are application of a waiver by reducing auction would close for all construction required to be active on a specific eligibility, thereby meeting the activity permits after the first round in which no percentage of their current bidding requirement. If a bidder has no waivers bidder applies a proactive waiver or eligibility during each round of the remaining and does not satisfy the places any new bid on a construction auction. required activity level, the bidder’s permit that already has a provisionally 76. A bidder’s activity level in a current eligibility will be permanently winning bid. Thus, absent any other round is the sum of the bidding units reduced, possibly curtailing or bidding activity, a bidder placing a new associated with construction permits eliminating the ability to place bid on an FCC-held construction permit covered by the bidder’s new bids in the additional bids in the auction. (a construction permit that does not current round and provisionally 81. A bidder with insufficient activity have a provisionally winning bid) winning bids from the previous round. would not keep the auction open under A provisionally winning bid is a bid may wish to reduce its bidding eligibility rather than use an activity this modified stopping procedure. that would become a final winning bid (3) The auction would close using a if the auction were to close after the rule waiver. If so, the bidder must affirmatively override the automatic modified version of the simultaneous given round. stopping procedure that combines 77. The Bureaus received no comment waiver mechanism during the bidding options (1) and (2). (4) The auction on the activity rule proposal. Therefore, round by using the reduce eligibility would close after a specified number of the Bureaus adopt the following activity function in the FCC auction bidding additional rounds (special stopping requirement: A bidder is required to be system. In this case, the bidder’s procedure) to be announced by the active on 100 percent of its current eligibility would be permanently Bureaus. If the Bureaus invoke this eligibility during each round of the reduced to bring it into compliance with special stopping procedure, they will auction. That is, a bidder must either the activity rule described in the accept bids in the specified final place a bid or be a provisionally Auction 83 Procedures Public Notice. round(s), after which the auction will winning bidder during each round of Reducing eligibility is an irreversible close. (5) The auction would remain the auction. Failure to maintain the action; once eligibility has been open even if no bidder places any new requisite activity level will result in the reduced, a bidder cannot regain its lost bids or applies a waiver. In this event, use of an activity rule waiver, if any bidding eligibility. the effect will be the same as if a bidder remain, or a reduction in the bidder’s 82. Also, a bidder may apply an had applied a waiver. The activity rule eligibility, possibly curtailing or activity rule waiver proactively as a will apply as usual, and a bidder with eliminating the bidder’s ability to place means to keep the auction open without insufficient activity will either lose additional bids in the auction. placing a bid. If a bidder proactively were to apply an activity rule waiver bidding eligibility or use a waiver. 3. Activity Rule Waivers (using the proactive waiver function in 85. The Bureaus proposed to exercise 78. In the Auction 83 Comment Public the FCC auction bidding system) during these options only in certain Notice, the Bureaus proposed that each a bidding round in which no bid is circumstances, for example, where the bidder in the auction be provided with placed, the auction will remain open auction is proceeding unusually slowly three activity rule waivers. The Bureaus and the bidder’s eligibility will be or quickly, there is minimal overall received no comment on this issue. preserved. An automatic waiver applied bidding activity, or it appears likely that 79. Therefore, the Bureaus adopt this by the FCC auction bidding system in a the auction will not close within a proposal to provide bidders with three round in which there is no new bid or reasonable period of time or will close activity rule waivers. Bidders may use no proactive waiver will not keep the prematurely. Before exercising these an activity rule waiver in any round auction open. options, the Bureaus are likely to during the course of the auction. Use of attempt to change the pace of the 4. Auction Stopping Rule an activity rule waiver preserves the auction. For example, the Bureaus may bidder’s eligibility despite its activity in 83. For Auction 83, the Bureaus adjust the pace of bidding by changing the current round being below the proposed to employ a simultaneous the number of bidding rounds per day required minimum activity level. An stopping rule approach, which means and/or the minimum acceptable bids. activity rule waiver applies to an entire all construction permits remain The Bureaus proposed to retain the round of bidding, not to a particular available for bidding until bidding stops discretion to exercise any of these construction permit. Activity rule on every construction permit. options with or without prior waivers can be either proactive or Specifically, bidding will close on all announcement during the auction. The automatic. Activity rule waivers are construction permits after the first Bureaus received no comment on these principally a mechanism for a bidder to round in which no bidder submits any proposals and adopt them for Auction avoid the loss of bidding eligibility in new bid or applies a proactive waiver. 83.
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5. Auction Delay, Suspension, or Bureaus did not receive comment on acceptable bid amount will be Cancellation this proposal, and adopt it. calculated by multiplying the 86. The Bureaus received no comment 90. A minimum opening bid is the provisionally winning bid amount by on their proposals in the Auction 83 minimum bid price set at the beginning one plus the minimum acceptable bid Comment Public Notice regarding of the auction below which no bids are percentage, i.e., provisionally winning auction delay, suspension, or accepted. The Bureaus in the Auction 83 bid amount * 1.10, rounded under the cancellation, and adopt them. By public Comment Public Notice sought Commission’s standard rounding notice and/or by announcement through comment on specifically proposed procedures for auctions as described in the FCC auction bidding system, the minimum opening bid amounts for each the Auction 83 Procedures Public Bureaus may delay, suspend, or cancel construction permit listed in Notice. bidding in the auction in the event of Attachment A to the Auction 83 95. In Auction 83, the FCC auction natural disaster, technical obstacle, Procedures Public Notice. Specifically, a bidding system will calculate the eight administrative or weather necessity, minimum opening bid was proposed for additional bid amounts by multiplying evidence of an auction security breach each construction permit by taking into the minimum acceptable bid amount by or unlawful bidding activity, or for any account various factors relating to the the additional bid increment percentage other reason that affects the fair and efficiency of the auction and the of 5 percent, and that result (rounded) efficient conduct of competitive potential value of the spectrum, is the additional increment amount. The first additional acceptable bid amount bidding. In such cases, the Bureaus, in including the type of service and class of facility offered, market size, equals the minimum acceptable bid their sole discretion, may elect to population covered by the proposed amount plus the additional increment resume the auction starting from the broadcast facility, industry cash flow amount. The second additional beginning of the current round or from data, and recent broadcast transactions. acceptable bid amount equals the some previous round, or cancel the 91. The Bureaus received no comment minimum acceptable bid amount plus auction in its entirety. Network on the proposed minimum opening bid two times the additional increment interruption may cause the Bureaus to amounts, and therefore the Bureaus amount; the third additional acceptable delay or suspend the auction. The adopt the minimum opening bid bid amount is the minimum acceptable Bureaus emphasize that they will amounts proposed in the Auction 83 bid amount plus three times the exercise this authority solely at their Comment Public Notice. The specific additional increment amount, etc. discretion, and not as a substitute for minimum opening bid amounts for each Because the additional bid increment situations in which bidders may wish to of the construction permits are again percentage is 5 percent, the calculation apply their activity rule waivers. specified in Attachment A to the of the additional increment amount is B. Bidding Procedures Auction 83 Procedures Public Notice. (minimum acceptable bid amount) * 3. Bid Amounts (0.05), rounded. The first additional 1. Round Structure acceptable bid amount equals 87. The initial schedule of bidding 92. In the Auction 83 Comment Public (minimum acceptable bid amount) + rounds will be announced in the public Notice, the Bureaus proposed that in (additional increment amount); the notice listing the qualified bidders, each round, if the bidder has sufficient second additional acceptable bid which is released at least one week eligibility to place a bid on the amount equals (minimum acceptable before the start of bidding in the particular construction permit, an bid amount) + (2 * (additional auction. Each bidding round is followed eligible bidder will be able to place a increment amount)); the third additional by the release of round results. Multiple bid on a given construction permit in acceptable bid amount equals bidding rounds may be conducted each any of up to nine different amounts. (minimum acceptable bid amount) + (3 day. Under the proposal, the FCC auction * (additional increment amount)); etc. 88. In the Auction 83 Comment Public bidding system interface will list the 96. The Bureaus proposed to retain Notice, the Bureaus proposed to retain nine acceptable bid amounts for each the discretion to change the minimum the discretion to change the bidding construction permit. The Bureaus acceptable bid amounts, the minimum schedule in order to foster an auction received no comment on this proposal; acceptable bid percentage, the pace that reasonably balances speed therefore, it is adopted. additional bid increment percentage, with the bidders’ need to study round 93. For calculation of the nine and the number of acceptable bid results and adjust their bidding acceptable bid amounts for each amounts if the Bureaus determine that strategies. The Bureaus received no construction permit, the Bureaus did circumstances so dictate. Further, the comment on these proposals, and adopt not receive any comment on a proposal Bureaus proposed to retain the them for Auction 83. The Bureaus may to use 10 percent for a minimum discretion to do so on a construction change the amount of time for the acceptable bid increment percentage permit-by-construction permit basis. bidding rounds, the amount of time and to use 5 percent for an additional The Bureaus also proposed to retain the between rounds, or the number of bid increment percentage. Therefore, the discretion to limit (a) the amount by rounds per day, depending upon Bureaus will begin the auction with a which a minimum acceptable bid for a bidding activity and other factors. minimum acceptable bid increment construction permit may increase percentage of 10 percent and an compared with the corresponding 2. Reserve Price and Minimum Opening additional bid increment percentage of provisionally winning bid, and (b) the Bids 5 percent. amount by which an additional bid 89. A reserve price is an absolute 94. In Auction 83, the minimum amount may increase compared with minimum price below which a acceptable bid amount for a the immediately preceding acceptable construction permit or license will not construction permit will be equal to its bid amount. For example, the Bureaus be sold in a specific auction. In the minimum opening bid amount until could set a $1,000 limit on increases in Auction 83 Comment Public Notice, the there is a provisionally winning bid for minimum acceptable bid amounts over Bureaus did not propose to establish the construction permit. After there is a provisionally winning bids. Thus, if reserve prices for the construction provisionally winning bid for a calculating a minimum acceptable bid permits listed in Attachment A. The construction permit, the minimum using the minimum acceptable bid
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percentage results in a minimum 5. Bidding permanently reduce eligibility. If acceptable bid amount that is $1,200 102. All bidding will take place multiple bids are submitted for the same higher than the provisionally winning remotely either through the FCC auction construction permit in the same round, bid on a construction permit, the bidding system or by telephonic the system takes the last bid entered as minimum acceptable bid amount would bidding. There will be no on-site that bidder’s bid for the round. Bidding instead be capped at $1,000 above the bidding during Auction 83. Please note units associated with construction provisionally winning bid. that telephonic bid assistants are permits for which the bidder has 97. The Bureaus did not receive any required to use a script when entering removed bids do not count towards comment on their proposals to retain bids placed by telephone. Telephonic current activity. the discretion to change bid amounts as bidders are therefore reminded to allow 6. Bid Removal and Bid Withdrawal described in the Auction 83 Procedures sufficient time to bid by placing their Public Notice, if they determine that 108. In the Auction 83 Comment calls well in advance of the close of a Public Notice, the Bureaus explained circumstances so dictate. The Bureaus round. The length of a call to place a adopt these proposals. If the Bureaus bid removal procedures in the FCC telephonic bid may vary; please allow a auction bidding system. Each qualified exercise this discretion, they will alert minimum of ten minutes. bidders by announcement in the FCC bidder has the option of removing any 103. An Auction 83 bidder’s ability to bids placed in a round provided that auction bidding system during the bid on specific construction permits is auction. such bids are removed before the close determined by two factors: (1) The of that bidding round. By removing a 4. Provisionally Winning Bids construction permits designated for that bid within a round, a bidder effectively applicant in Attachment A of the unsubmits the bid. A bidder removing a 98. The FCC auction bidding system Auction 83 Procedures Public Notice at the end of each bidding round will bid placed in the same round is not and (2) the bidder’s eligibility. The bid subject to withdrawal payments. determine a provisionally winning bid submission screens will allow bidders for each construction permit based on Removing a bid will affect a bidder’s to submit bids on only those activity because a removed bid no the highest bid amount received for that construction permits designated for that permit. A provisionally winning bid longer counts toward bidding activity applicant in Attachment A of the for the round. Once a round closes, a will remain the provisionally winning Auction 83 Procedures Public Notice. bid until there is a higher bid on the bidder may no longer remove a bid. 104. In order to access the bidding 109. In the Auction 83 Comment same construction permit at the close of function of the FCC auction bidding a subsequent round. Provisionally Public Notice, the Bureaus proposed to system, bidders must be logged in prohibit bidders from withdrawing any winning bids at the end of the auction during the bidding round using the become the winning bids. ® bid after close of the round in which passcode generated by the SecurID that bid was placed. The Bureaus 99. In the Auction 83 Comment Public token and a personal identification Notice, the Bureaus proposed to use a received no comment on this issue of number (PIN) created by the bidder. bid withdrawal. Accordingly, the pseudo-random number generator to Bidders are strongly encouraged to print select a single provisionally winning bid Bureaus will prohibit bid withdrawals a round summary for each round after in Auction 83. Bidders are cautioned to in the event of identical high bid they have completed all of their activity amounts being submitted on a select bid amounts carefully because no for that round. bid withdrawals will be allowed, even construction permit in a given round 105. If a bidder has sufficient (i.e., tied bids). No comments were if a bid was mistakenly or erroneously eligibility to place a bid on the made. received on this proposal. Hence, the particular construction permit, eligible Bureaus adopt this tied bids proposal. bidders will be able to place bids on a 7. Round Results 100. Accordingly, the FCC auction given construction permit in any of up 110. Reports reflecting bidders’ bidding system will assign a pseudo- to nine pre-defined bid amounts in each identities for Auction 83 will be random number to each bid upon round. For each construction permit, the available before and during the auction. submission. The tied bid with the FCC auction bidding system will list the Thus, bidders will know in advance of highest pseudo-random number wins acceptable bid amounts in a drop-down this auction the identities of the bidders the tiebreaker, and becomes the box. Bidders use the drop-down box to against which they are bidding. provisionally winning bid. The select from among the acceptable bid 111. Bids placed during a round will remaining bidders, as well as the amounts. The FCC auction bidding not be made public until the conclusion provisionally winning bidder, can system also includes an upload function of that round. After a round closes, the submit higher bids in subsequent that allows text files containing bid Bureaus will compile reports of all bids rounds. However, if the auction were to information to be uploaded. placed, current provisionally winning close with no other bids being placed, 106. Until a bid has been placed on bids, new minimum acceptable bid the winning bidder would be the one a construction permit, the minimum amounts for the following round, that placed the provisionally winning acceptable bid amount for that permit whether the construction permit is FCC- bid. If the construction permit receives will be equal to its minimum opening held, and bidder eligibility status any bids in a subsequent round, the bid amount. Once there are bids on a (bidding eligibility and activity rule provisionally winning bid again will be permit, minimum acceptable bids for waivers), and post the reports for public determined by the highest bid amount the following round will be determined access. received for the construction permit. as described in the Auction 83 101. A provisionally winning bid will Procedures Public Notice. 8. Auction Announcements be retained until there is a higher bid on 107. During a round, an eligible 112. The Commission will use auction the construction permit at the close of bidder may submit bids for as many announcements to report necessary a subsequent round. As a reminder, construction permits as it wishes information such as schedule changes. provisionally winning bids count (providing that it is eligible to bid on the All auction announcements will be toward activity for purposes of the specific permits), remove bids placed in available by clicking a link in the FCC activity rule. the current bidding round, or auction bidding system.
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V. Post-Auction Procedures form application, fails to make a full Account Number to Credit 113. Shortly after bidding has ended, and timely final payment, or is Name of Account Holder FCC Registration Number (FRN) the Commission will issue a public otherwise disqualified) is liable for notice declaring the auction closed, default payments as described in 47 The refund request must be submitted identifying the winning bidders, and CFR 1.2104(g)(2). This payment consists by fax to the Revenue & Receivables establishing deadlines for submitting of a deficiency payment, equal to the Operations Group/Auctions at (202) down payments, final payments, and difference between the amount of the 418–2843 or by mail to: long-form applications (FCC Forms Auction 83 bidder’s winning bid and Federal Communications 349). the amount of the winning bid the next Commission, Financial Operations, time a construction permit covering the Revenue & Receivables Operations A. Down Payments same spectrum is won in an auction, Group/Auctions, Gail Glasser, 445 12th 114. Within ten business days after plus an additional payment equal to a Street SW, Room 1–C864, Washington, release of the auction closing public percentage of the defaulter’s bid or of DC 20554. the subsequent winning bid, whichever notice, each winning bidder must Note: Refund processing generally takes up submit sufficient funds (in addition to is less. 118. In the Auction 83 Comment to two weeks to complete. Bidders with its upfront payment) to bring its total questions about refunds should contact Gail amount of money on deposit with the Public Notice, the Bureaus proposed to Glasser at (202) 418–0578 or Theresa Meeks Commission for Auction 83 to twenty set the percentage of the applicable bid at (202) 418–2945. percent of the net amount of its winning to be assessed as an additional payment bids (gross bids less any applicable new for any Auction 83 default at 20 percent VI. Final Regulatory Flexibility entrant bidding credits). of the applicable bid. The Bureaus Certification received no comment on this proposal, B. Final Payments and it is therefore adopted. 122. The Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C. 603, 115. Each winning bidder will be 119. Finally, in the event of a default, requires that a regulatory flexibility required to submit the balance of the net the Commission has the discretion to re- analysis be prepared for a notice-and- amount for each of its winning bids auction the construction permit or offer comment rulemaking proceeding, unless within ten business days after the it to the next highest bidder (in the agency certifies that the rule will applicable deadline for submitting descending order) at its final bid not, if promulgated, have a significant down payments. amount. In addition, if a default or disqualification involves gross economic impact on a substantial C. Long-Form Applications (FCC Form misconduct, misrepresentation, or bad number of small entities. The RFA 349) faith by an applicant, the Commission generally defines the term small entity 116. The Commission’s rules may declare the applicant and its as having the same meaning as the terms currently provide that within thirty days principals ineligible to bid in future small business, small organization, and following the close of bidding and auctions, and may take any other action small governmental jurisdiction. In notification to the winning bidders, that it deems necessary, including addition, the term small business has unless a longer period is specified by institution of proceedings to revoke any the same meaning as the term small public notice, winning bidders must existing authorizations held by the business concern under the Small electronically submit a properly applicant. Business Act, 5 U.S.C. 601(3). A small completed long-form application (FCC business concern is one which: (1) Is E. Refund of Remaining Upfront Form 349, Application for Authority to independently owned and operated; Payment Balance Construct or Make Changes in an FM (2) is not dominant in its field of Translator or FM Booster Station) and 120. All refunds of upfront payment operation; and (3) satisfies any required exhibits for each construction balances will be returned to the payer of additional criteria established by the permit won through Auction 83. record as identified on the FCC Form Small Business Administration (SBA). Winning bidders claiming new entrant 159 unless the payer submits written 15 U.S.C 632. status must include an exhibit authorization instructing otherwise. To 123. As required by the RFA, an demonstrating their eligibility for the access the refund form, bidders are Initial Regulatory Flexibility bidding credit. The Commission’s rules encouraged to use the Refund Certification (IRFC) was incorporated in also provide that a winning bidder in a Information icon found on the Auction the January 16, 2018, public notice commercial broadcast spectrum auction Application Manager page or through seeking comment on competitive is required to submit an application the Refund Form link available on the bidding procedures to be used in filing fee with its post-auction long-form Auction Application Submit Auction 83. A summary of this public application. Further instructions on Confirmation page in the FCC auction notice was published at 83 FR 4455, Jan. these and other filing requirements will application system. After the required 31, 2018. The Auction 83 Procedures be provided to winning bidders in the information is completed on the blank Public Notice implements competitive auction closing public notice. An form, the form should be printed, bidding rules adopted by the Auction 83 applicant that has its long- signed, and submitted to the Commission in multiple notice-and- form application dismissed will be Commission by mail or fax as instructed comment rulemaking proceedings, as deemed to have defaulted and will be below. well as establishes by the Bureaus, on subject to default payments under 47 121. If a bidder has elected not to delegated authority, additional CFR 1.2104(g) and 1.2109(c). complete the Refund Form through the procedures for competitive bidding in Auction Application Manager page, the Auction 83 for certain FM translator D. Default and Disqualification Commission is requesting that all construction permits. More specifically, 117. Any winning bidder that defaults information listed below be supplied in the Public Notice provides an overview or is disqualified after the close of the writing. of the procedures, terms and conditions auction (i.e., fails to remit the required Name, address, contact and phone governing Auction 83 and the post- down payment by the specified number of Bank auction application and payment deadline, fails to submit a timely long- ABA Number processes. The Public Notice also
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provides instructions for Auction 83 FEDERAL COMMUNICATIONS (c) * * * applicants to review, verify and update COMMISSION (2) * * * their previously filed short-form applications during the upcoming 47 CFR Part 54 (iv) * * * Remedial Window, as required. In [WC Docket Nos. 10–90, 14–58, 14–259; FCC (A) That is among the 100 largest non- addition, the Public Notice addresses 16–64] U.S. banks in the world, determined on three filings submitted by parties in the basis of total assets as of the end of response to the Auction 83 Comment Connect America Fund, ETC Annual the calendar year immediately Public Notice. Reports and Certifications, Rural preceding the issuance of the letter of 124. Auction 83 is a closed auction, Broadband Experiments credit (determined on a U.S. dollar therefore the specific competitive AGENCY: Federal Communications equivalent basis as of such date); bidding procedures and minimum Commission. * * * * * opening bid amounts described in the ACTION: Technical amendments. Auction 83 Comment Public Notice will ■ 3. In § 54.804, revise paragraph affect only the 57 individuals or entities SUMMARY: This document corrects errors (d)(2)(iv)(A) to read as follows: in the final rules portion of a Federal listed in Attachment A to the Auction § 54.804 Application process. 83 Procedures Public Notice who are Register document that adopted rules to eligible to complete the remaining steps implement a competitive bidding * * * * * to become qualified to bid in this process for Phase II of the Connect (d) * * * America Fund that will harness market auction. The latest available U.S. Census (2) * * * Bureau data show that there were 2,849 forces to expand broadband in targeted radio station firms that operated in rural areas. The document was (iv) * * * 2012. Of that number 2,806 firms published in the Federal Register on (A) That is among the 100 largest non- operated with annual receipts below the July 7, 2016. U.S. banks in the world, determined on SBA’s small business size standard of DATES: Effective April 27, 2018. the basis of total assets as of the end of firms having $38.5 million or less in FOR FURTHER INFORMATION CONTACT: the calendar year immediately annual receipts. The 57 eligible Alexander Minard, Wireline preceding the issuance of the letter of individuals or entities for Auction 83 Competition Bureau, (202) 418–7400. credit (determined on a U.S. dollar include firms of all sizes and constitute SUPPLEMENTARY INFORMATION: This is a equivalent basis as of such date); approximately two percent of all firms summary of the FCC’s Erratum, FCC 18– * * * * * that operated and of firms meeting the 297, released on March 26, 2018. This SBA small business size standard. summary contains technical Federal Communications Commission. Consequently, because the proposed amendments to a Federal Register Katura Jackson, procedures and minimum opening bid summary, 81 FR 44414 (July 7, 2016). Federal Register Liaison Officer, Office of the amounts would affect a maximum of 57 The full text of the Commission’s Report Secretary. radio station firms, or approximately and Order, WC Docket Nos. 10–90, 14– [FR Doc. 2018–08887 Filed 4–26–18; 8:45 am] two percent of the total, and not all 57 58; 14–259; FCC 16–64, released on BILLING CODE 6712–01–P are small entities, the Bureaus find that March 26, 2016 is available for public a substantial number of small entities inspection during regular business would not be affected by these hours in the FCC Reference Center, competitive bidding procedures or Room CY–A257, 445 12th Street SW, DEPARTMENT OF DEFENSE minimum opening bid amounts Washington, DC 20554. contained in the Auction 83 Procedures Technical Amendments Defense Acquisition Regulations Public Notice. Therefore, the Bureaus System certify that these competitive bidding List of Subjects in 47 CFR Part 54 procedures and minimum opening bid Communications common carriers, 48 CFR Parts 225 and 252 amounts announced in the Auction 83 Health facilities, Infants and children, Procedures Public Notice will not have internet, Libraries, Reporting and Foreign Acquisition; Solicitation a significant economic impact on a recordkeeping requirements, Schools, Provisions and Contract Clauses substantial number of small entities. Telecommunications, Telephone. 125. The Bureaus will send a copy of Accordingly, 47 CFR part 54 is CFR Correction the Auctions 83 Procedures Public corrected by making the following ■ In Title 48 of the Code of Federal Notice, including this Final Regulatory correcting amendments: Flexibility Certification, in a Report to Regulations, Chapter 2 (Parts 201 to Congress pursuant to the Congressional PART 54—UNIVERSAL SERVICE 299), revised as of October 1, 2017, on Review Act, 5 U.S.C. 801(a)(1)(A). In page 179, in 225.872–1, in paragraph (a), addition, the Auctions 83 Procedures ■ 1. The authority citation for part 54 and on page 465, in 252.225–7021, Public Notice and this Final Regulatory continues to read as follows: under TRADE AGREEMENTS–BASIC Flexibility Certification will be sent to Authority: 47 U.S.C. 151, 154(i), 155, 201, (DEC 2016), under Qualifying country, the Chief Counsel for Advocacy of the 205, 214, 219, 220, 254, 303(r), 403, and 1302 ‘‘Czech Republic’’ is added in SBA pursuant to 5 U.S.C. 605(b). unless otherwise noted. alphabetical order. ■ Federal Communications Commission. 2. In § 54.315, revise paragraph [FR Doc. 2018–09059 Filed 4–26–18; 8:45 am] Gary Michaels, (c)(2)(iv)(A) to read as follows: BILLING CODE 1301–00–D Deputy Chief, Auctions and Spectrum Access § 54.315 Application process for phase II Division, WTB. support distributed through competitive [FR Doc. 2018–08635 Filed 4–26–18; 8:45 am] bidding. BILLING CODE 6712–01–P * * * * *
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DEPARTMENT OF TRANSPORTATION online instructions for accessing the did not conform to the rule’s docket or visit the Docket Management requirements. Federal Railroad Administration Facility described above. After publishing the 2014 Final Rule, FOR FURTHER INFORMATION CONTACT: FRA took significant steps to educate 49 CFR Part 243 Robert J. Castiglione, Staff Director— the regulated community on its requirements and assist with the [Docket No. FRA–2009–0033, Notice No. 6] Human Performance Division, Federal Railroad Administration, 4100 development of model training plans. RIN 2130–AC70 International Plaza, Suite 450, Fort For example, on March 20, 2017, FRA Worth, TX 76109–4820 (telephone: 817– added information to its website to more Training, Qualification, and Oversight broadly disseminate information about for Safety-Related Railroad Employees 447–2715); or Alan H. Nagler, Senior Trial Attorney, Federal Railroad the 2014 Final Rule’s requirements. See 1 AGENCY: Federal Railroad Administration, Office of Chief Counsel, https://www.fra.dot.gov/Page/P1023. Administration (FRA), Department of 1200 New Jersey Avenue SE, Moreover, when the American Short Transportation (DOT). Washington, DC 20590 (telephone: 202– Line and Regional Railroad Association (ASLRRA) requested FRA’s help in ACTION: Final rule. 493–6038). developing its model programs for its SUPPLEMENTARY INFORMATION: On members, FRA shared training SUMMARY: In response to a petition for November 7, 2014, FRA published a documents it uses to train the agency’s reconsideration of a final rule, FRA is final rule (2014 Final Rule) that personnel on Federal rail safety amending its regulations on Training, established minimum training standards requirements. FRA then made those Qualification, and Oversight for Safety- for each category and subcategory of same FRA training documents available Related Railroad Employees by delaying safety-related railroad employees and on FRA’s website because others in the the regulations’ implementation dates required railroad carriers, contractors, an additional year. FRA previously regulated community would likely find and subcontractors to submit training them useful. delayed the regulations’ implementation programs to FRA for approval. See 79 dates for one year in a final rule During FRA outreach on the 2014 FR 66459. The 2014 Final Rule was Final Rule, FRA heard concerns from published May 3, 2017 (May 2017 Final required by section 401(a) of the Rail Rule). ASLRRA and the National Railroad Safety Improvement Act of 2008 (RSIA), Construction and Maintenance DATES: This regulation is effective June Public Law 110–432, 122 Stat. 4883 Association, Inc. (NRC), which were two 26, 2018. (Oct. 16, 2008), codified at 49 U.S.C. of the associations identified in the 2014 ADDRESSES: You may send comments, 20162. The Secretary of Transportation Final Rule’s Regulatory Impact Analysis identified by docket number FRA– delegated the authority to conduct this (RIA) as likely model program 2009–0033 and RIN 2130–AC70, by any rulemaking and implement the rule to developers. These two associations of the following methods: the Federal Railroad Administrator. 49 represent most of the 1,459 employers • Federal eRulemaking Portal: Go to CFR 1.89(b). FRA projected would adopt model http://www.regulations.gov and follow In the preamble to the 2014 Final training programs rather than develop the online instructions for submitting Rule, FRA noted the importance of their own.2 Although ASLRRA had comments; establishing implementation dates and submitted several model training • Mail: Docket Management Facility, providing incentives for the early filing programs to FRA, and had made U.S. DOT, 1200 New Jersey Avenue SE, of model programs to improve the significant strides towards completing W12–140, Washington, DC 20590; efficiency and effectiveness of the some programs, ASLRRA still had a • Hand Delivery: The Docket review process. FRA recognized it was significant number of training programs Management Facility is located in Room paramount to give model program left to develop and submit. W12–140, West Building Ground Floor, developers sufficient time to develop Based on ASLRRA’s and NRC’s U.S. DOT, 1200 New Jersey Avenue SE, programs and receive FRA approval. concerns about their ability to submit Washington, DC, between 9 a.m. and 5 FRA also recognized that employers their model training programs by the p.m., Monday through Friday, except would not use those model programs May 1, 2017, deadline, and the Federal holidays; or unless the employers were given significant impact that not meeting the • Fax: 202–493–2251. reasonable time to consider those deadline would have on the costs Instructions: All submissions must programs before the employers’ associated with the rule and FRA’s include the agency name and docket deadline for implementation. approval process, FRA issued the May number (Federal Railroad Consequently, the 2014 Final Rule 2017 Final Rule extending each of the Administration, FRA–2009–0033) or provided model program developers implementation dates in the 2014 Final Regulatory Identification Number (RIN) with an incentive to file all model Rule by one year. for this rulemaking (2130–AC70). All programs by May 1, 2017—eight months comments received will be posted before the first employers would have Petition for Reconsideration without change to http:// been required to submit model programs On May 22, 2017, ASLRRA filed a www.regulations.gov; this includes any and two years before smaller employers petition for reconsideration of the May personal information. Please see the (i.e., those employers with less than 2017 Final Rule. ASLRRA’s petition was Privacy Act heading in the 400,000 total employee work hours ‘‘Supplementary Information’’ section of annually) would have been required to 1 Additional details about each of those steps are this document for Privacy Act submit their model programs. See 79 FR contained in the May 2017 Final Rule. See 82 FR 20549 (May 3, 2017). information related to any submitted 66459, 66503–66504. The incentive to 2 The RIA for the 2014 Final Rule provided the comments or materials. submit early was a guarantee from FRA estimated costs and benefits, and explained FRA Docket: For access to the docket to that the model program would be based this analysis on the premise that ‘‘most small read background documents, petitions considered approved so it could be railroads and contractors will use consortiums or model training programs developed by industry for reconsideration, or comments implemented within 180 days after the associations . . . thereby minimizing costs.’’ RIA at received, go to http:// date of submission unless FRA 15. In the RIA, FRA estimated that 1,459 railroads www.regulations.gov and follow the identified that all or part of the program and contractors would use model programs.
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the only petition FRA received, and period was from ASLRRA in support of is considered approved and may be FRA did not receive any comments on its petition and the proposed rule. No implemented 180 days after the date of the May 2017 Final Rule or ASLRRA’s adverse comments were received. the submission, unless FRA otherwise petition. In the proposed rule, FRA’s response advises that all or part of the program In the petition, ASLRRA states that to ASLRRA’s petition explained how does not conform to the rule’s the association will need more than a delaying each of the implementation requirements. This final rule thereby one-year delay on each of the dates would improve compliance, delays the implementation date an implementation dates in the 2014 Final reduce significant cost impacts additional year from the May 2017 Final Rule and requested that the one-year associated with the rule, and prevent Rule. extension be extended further by complicating the approval process. The another year. In the petition, ASLRRA basis for the proposed rule is the same Section 243.111 Approval of Programs states that it represents over 500 Class basis for this final rule. Filed by Training Organizations or II and III railroads and has assumed the In sum, the additional one-year delay Learning Institutions responsibility for preparing model of the implementation dates should FRA is amending paragraph (b) of this training programs for its member allow all model training program section so that each training railroads’ use. ASLRRA asserts that it developers and other regulated entities organization or learning institution that still has a significant number of model to meet the rule’s deadlines. FRA has provided training services to programs left to develop and submit. understands that many regulated employers covered by this part has in ASLRRA states in its petition that it entities were on schedule to meet the total an additional two years from the is utilizing a large group of volunteer original deadlines in the 2014 Final 2014 Final Rule to continue to offer safety professionals from the ranks of its Rule, or were preparing to meet the such training services without FRA Safety and Training Committee to deadlines delayed by the May 2017 approval. As amended, a training develop the model programs. ASLRRA Final Rule. For those regulated entities organization or learning institution that is using these volunteers because the that are prepared to move forward in has provided training services to association asserts it would not advance of any deadline, there is employers covered by this part before otherwise have the resources to certainly no prohibition against doing so January 1, 2019, may continue to offer complete the task. With the and implementing a more robust such training services without FRA commitments it received from training program should benefit the approval until January 1, 2020. This volunteers, ASLRRA has mapped out a overall safety of those employers who final rule thereby delays both dates an schedule to complete the model training are early adopters. additional year from the May 2017 Final programs by fall 2018.3 ASLRRA’s In consideration of the foregoing, FRA Rule. estimated completion date would mean delays each of the implementation dates Subpart C—Program Implementation that many of its model programs would in the May 2017 Final Rule by an and Oversight Requirements likely not be completed by the May 1, additional year, thereby delaying each 2018, deadline afforded by the May of the implementation dates in the 2014 Section 243.201 Employee 2017 Final Rule. Final Rule by a total of two years. Qualification Requirements Further, ASLRRA’s petition states that Section-by-Section Analysis The implementation dates in this extending the one-year delay will allow section are delayed by a total of two adequate time to comply with FRA’s Subpart B—Program Components and Approval Process years from the 2014 Final Rule so all review and approval process and employers have additional time to thereby assure its members that its Section 243.101 Employer Program designate each of their existing safety- model programs have been approved by Required related railroad employees by FRA. According to ASLRRA the occupational category or subcategory, additional one-year extension will also The implementation dates in this section are delayed by a total of two and only permit designated employees allow each railroad adequate time to to perform safety-related service in such consider how it will implement each of years from the 2014 Final Rule so all employers have additional time to occupational category or subcategory. the model programs it will adopt and In paragraph (a)(1), the whether it will need to adapt the develop and submit training programs. Specifically, in paragraphs (a)(1) and (b) implementation date is changed to programs to address any unique aspects September 1, 2020, and likewise, in of its operations. the implementation dates are changed to January 1, 2020, and likewise, in paragraph (a)(2) the implementation FRA’s Response paragraph (a)(2) the implementation date is changed to January 1, 2022. This In response to ASLRRA’s petition, date is changed to May 1, 2021. This final rule thereby delays each FRA published a notice of proposed final rule thereby delays each implementation date an additional year rulemaking on December 20, 2017. See implementation date an additional year from the May 2017 Final Rule. Further, 82 FR 60355. In that notice, FRA from the May 2017 Final Rule. the dates used for referencing total proposed to delay each of the employee work hours for purposes of Section 243.105 Optional Model applying each paragraph are modified implementation dates in the May 2017 Program Development Final Rule by an additional year, accordingly by adding an additional The implementation date in thereby delaying each of the year from the May 2017 Final Rule. paragraph (a)(3) of this section is implementation dates in the 2014 Final In paragraph (b), the implementation delayed by a total of two years from the Rule by a total of two years. FRA date is changed to January 1, 2020—an 2014 Final Rule so that all model provided a 30-day period for filing additional year from the May 2017 Final program developers have additional written comments; however, the only Rule. time to submit model programs, while In paragraphs (e)(1) and (2), the comment received during the comment also potentially benefiting from an implementation dates for refresher training are also delayed by a total of 3 Interested parties can view that schedule at expedited FRA review process. As https://www.regulations.gov/document?D=FRA- amended, each model program two years from the 2014 Final Rule. 2009-0033-0039. submitted to FRA before May 1, 2019, Thus, the implementation date in
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paragraph (e)(1) is changed to January 1, comply with E.O. 13771. For more in later years; the costs of additional 2022, and the completion of that information on Executive Order 13771, time new employees may have to spend refresher training for each employee is see the Office of Management and in initial training; the costs of additional required no later than December 31, Budget’s (OMB) April 5, 2017 periodic oversight tests and inspections; 2024. In paragraph (e)(2), each employer ‘‘Memorandum: Implementing the costs of additional qualification with less than 400,000 total employee Executive Order 13771, Titled tests; and the costs of additional time all work hours annually is required to ‘Reducing Regulation and Controlling safety-related railroad employees may implement a refresher training program Regulatory Costs.’ ’’ have to spend in refresher training. by May 1, 2023, and complete that In 2014, FRA published a Final Rule FRA believes that additional hands-on refresher training for each employee by which established minimum training and refresher training found in the 2014 no later than December 31, 2025. This standards for each category and Final Rule will reduce the frequency final rule thereby delays each subcategory of safety-related railroad and severity of some future accidents implementation date in this paragraph employee, as required by section 401(a) and incidents. Expected safety benefits an additional year from the May 2017 of the RSIA. FRA believes that by were calculated using full accident Final Rule. delaying the implementation dates of costs, which are based on past accident Regulatory Impact and Notices the 2014 Final Rule, this final rule will history, the values of preventing future reduce the regulatory burden on the fatalities and injuries sustained, and the Executive Orders 12866, 13563, 13771, railroad industry. In May 2017, FRA cost of property damage. (Full accident and DOT Regulatory Policies and issued a Final Rule which delayed each costs are determined by the number of Procedures of the implementation dates in the 2014 fatalities and injuries multiplied by This final rule is a non-significant Final Rule by one year. This final rule their respective prevention valuations, regulatory action within the meaning of will extend the implementation and the cost of property damage.) Executive Order 12866 and DOT deadlines by a total of two years from By delaying the implementation dates policies and procedures. See 44 FR the 2014 Final Rule, one year of which of the 2014 Final Rule a total of two 11034 (Feb. 26, 1979). The final rule has already been granted in the May years, railroads and other entities also follows the direction of Executive 2017 Final Rule. This final rule will be subject to the rule will realize a cost Order 13563, which emphasizes the beneficial for regulated entities by savings. These entities will not incur importance of quantifying both costs granting additional time to comply with costs during the first two years of this and benefits, reducing costs, the 2014 Final Rule. analysis. Also, costs incurred in future harmonizing rules, and promoting The costs arising from part 243 over years will be discounted an extra two flexibility. Finally, the final rule follows the 20-year period evaluated include: years, which will decrease the present the guidance of Executive Order 13771 The costs of revising training programs value burden. The present value of costs (‘‘Reducing Regulation and Controlling to include ‘‘hands-on’’ training where will be less than if these entities were Regulatory Costs’’), which directs appropriate, as well as the costs of required to adhere to the original agencies to reduce regulation and creating entirely new training programs implementation dates. FRA has control regulatory costs and provides for any employer that does not have one estimated this cost savings to be that ‘‘for every one new regulation already; the costs of customizing model approximately $40.6 million, at a 3- issued, at least two prior regulations be training programs for those employers percent discount rate, and $37.2 identified for elimination, and that the that choose to adopt a model program million, at a 7-percent discount rate. cost of planned regulations be prudently rather than create a new program; the The table below shows the costs managed and controlled through a costs of annual data review and analysis estimated at the 2014 Final Rule stage budgeting process.’’ FRA identified this required in order to refine training as well as the costs with the two-year final rule as a deregulatory effort to programs; the costs of revising programs implementation delay.
Present value Present value (3%) (7%)
Total costs (2-year delay) ...... $250,309,438 $169,902,295 2014 Final Rule costs ...... 290,932,418 207,068,184 Two-year-delay cost savings ...... 40,622,980 37,165,889
Regulatory Flexibility Act and Executive Rule. Thus, the economic impact of this this final rule and, in accordance with Order 13272; Initial Regulatory final rule is not significant because it the Paperwork Reduction Act of 1995, Flexibility Assessment provides only additional time for all 44 U.S.C. 3501 et seq., the entities to comply with the 2014 Final recordkeeping and reporting FRA has determined and certifies that Rule. this final rule is not expected to have a requirements already contained in the significant impact on a substantial This final rule has no direct impact on 2014 Final Rule have been approved by number of small entities. The small units of government, businesses, OMB. The OMB approval number is requirements of this final rule apply to or other organizations. State rail OMB No. 2130–0597. Thus, FRA is not employers of safety-related railroad agencies are not required to participate required to seek additional OMB employees, whether the employers are in this program. State owned railroads approval under the Paperwork railroads, contractors, or subcontractors. will receive a positive impact by having Reduction Act. additional time to comply. Although a substantial number of small Federalism Implications entities are subject to this final rule, it Paperwork Reduction Act provides relief by extending all of the This final rule will not have a implementation dates in the 2014 Final There are no new collection of substantial effect on the States, on the Rule, as amended by the May 2017 Final information requirements contained in relationship between the national
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government and the States, or on the 1532) further requires that before List of Subjects in 49 CFR Part 243 distribution of power and promulgating any general notice of Administrative practice and responsibilities among the various proposed rulemaking that is likely to procedure, Penalties, Railroad levels of government. Thus in result in the promulgation of any rule employees, Railroad safety, Reporting accordance with Executive Order 13132, that includes any Federal mandate that and recordkeeping requirements. ‘‘Federalism’’ (64 FR 43255, Aug. 10, may result in expenditure by State, 1999), preparation of a Federalism local, and tribal governments, in the The Final Rule Assessment is not warranted. aggregate, or by the private sector, of For the reasons discussed in the $100,000,000 or more (adjusted International Trade Impact Assessment preamble, FRA is amending 49 CFR part annually for inflation) in any 1 year, and 243 as follows: The Trade Agreement Act of 1979 before promulgating any final rule for prohibits Federal agencies from which a general notice of proposed PART 243—TRAINING, engaging in any standards or related rulemaking was published, the agency QUALIFICATION, AND OVERSIGHT activities that create unnecessary shall prepare a written statement FOR SAFETY-RELATED RAILROAD obstacles to the foreign commerce of the detailing the effect on State, local, and EMPLOYEES [AMENDED] United States. Legitimate domestic tribal governments and the private objectives, such as safety, are not sector. This final rule will not result in ■ 1. The authority citation for part 243 considered unnecessary obstacles. The such an expenditure, and thus continues to read as follows: statute also requires consideration of preparation of such a statement is not Authority: 49 U.S.C. 20103, 20107, 20131– international standards and where required. appropriate, that they be the basis for 20155, 20162, 20301–20306, 20701–20702, Energy Impact 21301–21304, 21311; 28 U.S.C. 2461, note; U.S. standards. and 49 CFR 1.89. This final rule is purely domestic in Executive Order 13211 requires nature and is not expected to affect Federal agencies to prepare a Statement Subpart B—Program Components and trade opportunities for U.S. firms doing of Energy Effects for any ‘‘significant Approval Process—[Amended] business overseas or for foreign firms energy action.’’ 66 FR 28355 (May 22, doing business in the United States. 2001). FRA evaluated this final rule in ■ 2. In § 243.101, revise paragraphs (a) Environmental Impact accordance with Executive Order 13211, and (b) to read as follows: FRA has evaluated this final rule in and determined that this regulatory § 243.101 Employer program required. action is not a ‘‘significant energy accordance with its ‘‘Procedures for (a)(1) Effective January 1, 2020, each Considering Environmental Impacts’’ action’’ within the meaning of the Executive Order. employer conducting operations subject (FRA’s Procedures) (64 FR 28545, May to this part with 400,000 total employee Executive Order 13783, ‘‘Promoting 26, 1999) as required by the National work hours annually or more shall Energy Independence and Economic Environmental Policy Act (42 U.S.C. submit, adopt, and comply with a Growth,’’ requires Federal agencies to 4321 et seq.), other environmental training program for its safety-related review regulations to determine whether statutes, Executive Orders, and related railroad employees. they potentially burden the regulatory requirements. FRA has (2) Effective May 1, 2021, each determined that this final rule is not a development or use of domestically produced energy resources, with employer conducting operations subject major FRA action, requiring the to this part with less than 400,000 total preparation of an environmental impact particular attention to oil, natural gas, coal, and nuclear energy resources. 82 employee work hours annually shall statement or environmental assessment, submit, adopt, and comply with a because it is categorically excluded from FR 16093 (March 31, 2017). FRA determined this final rule will not training program for its safety-related detailed environmental review pursuant railroad employees. to section 4(c)(20) of FRA’s Procedures. burden the development or use of domestically produced energy (b) Except for an employer subject to See 64 FR 28547 (May 26, 1999). the requirement in paragraph (a)(2) of In accordance with section 4(c) and resources. this section, an employer commencing (e) of FRA’s Procedures, the agency has Privacy Act operations subject to this part after further concluded that no extraordinary January 1, 2020, shall submit a training circumstances exist with respect to this In accordance with 5 U.S.C. 553(c), program for its safety-related railroad final rule that might trigger the need for DOT solicits comments from the public employees before commencing a more detailed environmental review. to better inform its rulemaking process. operations. Upon commencing As a result, FRA finds that this final rule DOT posts these comments, without operations, the employer shall adopt is not a major Federal action edit, to www.regulations.gov, as and comply with the training program. significantly affecting the quality of the described in the system of records human environment. notice, DOT/ALL–14 FDMS, accessible * * * * * through www.dot.gov/privacy. In order ■ 3. In § 243.105, revise paragraph (a)(3) Unfunded Mandates Reform Act of 1995 to facilitate comment tracking and to read as follows: Pursuant to section 201 of the response, we encourage commenters to Unfunded Mandates Reform Act of 1995 provide their name, or the name of their § 243.105 Optional model program (Pub. L. 104–4, 2 U.S.C. 1531), each organization; however, submission of development. Federal agency shall, unless otherwise names is completely optional. Whether (a) * * * prohibited by law, assess the effects of or not commenters identify themselves, (3) Each model training program Federal regulatory actions on State, all timely comments will be fully submitted to FRA before May 1, 2019, local, and tribal governments, and the considered. If you wish to provide is considered approved and may be private sector (other than to the extent comments containing proprietary or implemented 180 days after the date of that such regulations incorporate confidential information, please contact submission unless the Associate requirements specifically set forth in the agency for alternate submission Administrator advises the organization, law). Section 202 of the Act (2 U.S.C. instructions. business, or association that developed
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and submitted the program that all or employees to perform safety-related program, the employer shall provide part of the program does not conform. service in that occupational category or refresher training either within 3 * * * * * subcategory. The Associate calendar years from that prior training ■ 4. In § 243.111, revise paragraph (b) to Administrator may extend this period event or no later than December 31, read as follows: based on a written request. 2024. Each employer shall ensure that, (2) By no later than January 1, 2022, as part of each employee’s refresher § 243.111 Approval of programs filed by each employer with less than 400,000 training, the employee is trained and training organizations or learning total employee work hours annually in qualified on the application of any institutions. operation as of January 1, 2021, shall Federal railroad safety laws, regulations, * * * * * declare the designation of each of its and orders the person is required to (b) A training organization or learning existing safety-related railroad comply with, as well as any relevant institution that has provided training employees by occupational category or railroad rules and procedures services to employers covered by this subcategory, and only permit designated promulgated to implement those part before January 1, 2019, may employees to perform safety-related Federal railroad safety laws, regulations, continue to offer such training services service in that occupational category or and orders. without FRA approval until January 1, subcategory. The Associate (2) Beginning May 1, 2023, each 2020. The Associate Administrator may Administrator may extend this period employer with less than 400,000 total extend this period at any time based on based on a written request. employee work hours annually shall a written request. Such written requests (b) Except for an employer subject to deliver refresher training at an interval for an extension of time to submit a the requirement in paragraph (a)(2) of not to exceed 3 calendar years from the program should contain any factors the this section, an employer commencing date of an employee’s last training training organization or learning operations after January 1, 2020, shall event, except where refresher training is institution wants the Associate declare the designation of each of its specifically required more frequently in Administrator to consider before existing safety-related railroad accordance with this chapter. If the last approving or disapproving the employees by occupational category or training event occurs before FRA’s extension. subcategory before beginning operations, and only permit designated approval of the employer’s training * * * * * employees to perform safety-related program, the employer shall provide refresher training either within 3 Subpart C—Program Implementation service in that category or subcategory. calendar years from that prior training and Oversight Requirements— Any person designated shall have met event or no later than December 31, [Amended] the requirements for newly hired employees or those assigned new safety- 2025. Each employer shall ensure that, ■ 5. In § 243.201, revise paragraphs related duties in accordance with as part of each employee’s refresher (a)(1) and (2), (b), and (e)(1) and (2) to paragraph (c) of this section. training, the employee is trained and read as follows: * * * * * qualified on the application of any (e) * * * Federal railroad safety laws, regulations, § 243.201 Employee qualification (1) Beginning January 1, 2022, each and orders the person is required to requirements. employer with 400,000 total employee comply with, as well as any relevant (a) * * * work hours annually or more shall railroad rules and procedures (1) By no later than September 1, deliver refresher training at an interval promulgated to implement those 2020, each employer with 400,000 total not to exceed 3 calendar years from the Federal railroad safety laws, regulations, employee work hours annually or more date of an employee’s last training and orders. in operation as of January 1, 2020, shall event, except where refresher training is declare the designation of each of its specifically required more frequently in Juan D. Reyes, III, existing safety-related railroad accordance with this chapter. If the last Chief Counsel. employees by occupational category or training event occurs before FRA’s [FR Doc. 2018–08941 Filed 4–26–18; 8:45 am] subcategory, and only permit designated approval of the employer’s training BILLING CODE 4910–06–P
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Proposed Rules Federal Register Vol. 83, No. 82
Friday, April 27, 2018
This section of the FEDERAL REGISTER public inspection in the Office of the warranted, a subsequent proposed rule contains notices to the public of the proposed Docket Clerk during regular business and referendum order would be issued, issuance of rules and regulations. The hours, or can be viewed at: http:// and producers and processors of purpose of these notices is to give interested www.regulations.gov. All comments cranberries regulated within the persons an opportunity to participate in the submitted in response to this proposal production area would be allowed to rule making prior to the adoption of the final rules. will be included in the record and will vote for or against the proposed be made available to the public. Please amendment. AMS would then issue a be advised that the identity of the final rule effectuating the amendment if DEPARTMENT OF AGRICULTURE individuals or entities submitting the it is approved by producers and comments will be made public on the processors in the referendum. Agricultural Marketing Service internet at the address provided above. The Department of Agriculture FOR FURTHER INFORMATION CONTACT: (USDA) is issuing this rule in 7 CFR Part 929 Geronimo Quinones, Marketing conformance with Executive Orders [Doc. No. AMS–SC–18–0017; SC18–929–3 Specialist, or Julie Santoboni, Branch 13563 and 13175. This proposed rule PR] Chief, Marketing Order and Agreement falls within a category of regulatory Division, Specialty Crops Program, actions that the Office of Management Cranberries Grown in the States of AMS, USDA, 1400 Independence and Budget (OMB) exempted from Massachusetts, Rhode Island, Avenue SW, Stop 0237, Washington, DC Executive Order 12866 review. Connecticut, New Jersey, Wisconsin, 20250–0237; Telephone: (202) 720– Additionally, because this proposed Michigan, Minnesota, Oregon, 2491, Fax: (202) 720–8938, or Email: rule does not meet the definition of a Washington, and Long Island in the [email protected] or significant regulatory action, it does not State of New York; Proposed [email protected]. trigger the requirements contained in Amendment to Marketing Order Small businesses may request Executive Order 13771. See OMB’s information on complying with this Memorandum titled ‘‘Interim Guidance AGENCY: Agricultural Marketing Service, regulation by contacting Richard Lower, Implementing Section 2 of the Executive USDA. Marketing Order and Agreement Order of January 30, 2017, titled ACTION: Proposed rule. Division, Specialty Crops Program, ‘Reducing Regulation and Controlling AMS, USDA, 1400 Independence Regulatory Costs’ ’’ (February 2, 2017). SUMMARY: This proposed rule invites Avenue SW, STOP 0237, Washington, The Act provides that administrative comments on a proposed amendment to DC 20250–0237; Telephone: (202) 720– proceedings must be exhausted before Marketing Order No. 929, which 2491, Fax: (202) 720–8938, or Email: parties may file suit in court. Under regulates the handling of cranberries [email protected]. section 608c(15)(A) of the Act, any grown in the States of Massachusetts, SUPPLEMENTARY INFORMATION: This handler subject to an order may file Rhode Island, Connecticut, New Jersey, action, pursuant to 5 U.S.C. 553, with USDA a petition stating that the Wisconsin, Michigan, Minnesota, amends regulations issued to carry out order, any provision of the order, or any Oregon, Washington, and Long Island in a marketing order as defined in 7 CFR obligation imposed in connection with the State of New York. The Cranberry 900.2(j). This rulemaking is issued the order is not in accordance with law Marketing Committee (Committee), under Marketing Order No. 929, as and request a modification of the order recommended adding authority to amended (7 CFR part 929), regulating or to be exempted therefrom. A handler accept contributions from domestic the handling of cranberries grown in the is afforded the opportunity for a hearing sources. Contributed funds would be States of Massachusetts, Rhode Island, on the petition. After the hearing, USDA used solely for research and Connecticut, New Jersey, Wisconsin, would rule on the petition. The Act development activities authorized under Michigan, Minnesota, Oregon, provides that the district court of the the marketing order and would be free Washington, and Long Island in the United States in any district in which from any encumbrances as to their usage State of New York. Part 929 (referred to the handler is an inhabitant, or has his by the donor. as the ‘‘Order’’) is effective under the or her principal place of business, has DATES: Comments must be received by Agricultural Marketing Agreement Act jurisdiction to review USDA’s ruling on June 26, 2018. of 1937, as amended (7 U.S.C. 601–674), the petition, provided an action is filed ADDRESSES: Interested persons are hereinafter referred to as the ‘‘Act.’’ no later than 20 days after the date of invited to submit written comments Section 608c(17) of the Act and the entry of the ruling. concerning this proposed rule. applicable rules of practice and Section 1504 of the Food, Comments must be sent to the Docket procedure governing the formulation of Conservation, and Energy Act of 2008 Clerk, Marketing Order and Agreement marketing agreements and orders (7 CFR (2008 Farm Bill) (Pub. L. 110–246) Division, Specialty Crops Program, part 900) authorizes amendment of the amended section 608c(17) of the Act, AMS, USDA, 1400 Independence Order through this informal rulemaking which in turn required the addition of Avenue SW, STOP 0237, Washington, action. The Agricultural Marketing supplemental rules of practice to 7 CFR DC 20250–0237; Fax: (202) 720–8938; or Service (AMS) will consider all timely- part 900 (73 FR 49307; August 21, internet: http://www.regulations.gov. All filed comments received in response to 2008). The amendment of section comments should reference the this rule, and based on all the 608c(17) of the Act and additional document number and the date and information available, will determine if supplemental rules of practice authorize page number of this issue of the Federal Order amendment is warranted. If AMS the use of informal rulemaking (5 U.S.C. Register and will be made available for determines amendment of the Order is 553) to amend Federal fruit, vegetable,
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and nut marketing agreements and the economic impact of this action on referendum concerning a similar action orders. USDA may use informal small entities. Accordingly, AMS has was supported by most eligible rulemaking to amend marketing orders prepared this initial regulatory producers and processors. However, based on the nature and complexity of flexibility analysis. that referendum failed due to an the proposed amendments, the potential The purpose of the RFA is to fit oversight by processors not casting their regulatory and economic impacts on regulatory actions to the scale of ballot in a timely manner (82 FR 36991). affected entities, and any other relevant businesses subject to such actions in Paperwork Reduction Act matters. order that small businesses will not be AMS has considered these factors and unduly or disproportionately burdened. In accordance with the Paperwork has determined that this proposed Marketing orders issued pursuant to the Reduction Act of 1995 (44 U.S.C. amendment is not unduly complex and Act, and rules issued thereunder, are Chapter 35), the Order’s information its nature is appropriate for utilizing the unique in that they are brought about collection requirements have been informal rulemaking process to amend through group action of essentially previously approved by the OMB and the Order. A discussion of the potential small entities acting on their own assigned OMB No. 0581–0189, ‘‘Generic regulatory and economic impacts on behalf. Fruit Crops.’’ No changes in those affected entities is discussed later in the There are approximately 1,100 requirements are necessary as a result of ‘‘Initial Regulatory Flexibility Analysis’’ cranberry growers in the regulated area this action. Should any changes become section of this proposed rule. and approximately 65 cranberry necessary, they would be submitted to The Committee, which is responsible handlers subject to regulation under the OMB for approval. for the local administration of the order Order. Small agricultural producers are This proposed rule would impose no and is comprised of growers of defined by the Small Business additional reporting or recordkeeping cranberries operating within the Administration (SBA) as those having requirements on either small or large production area, unanimously annual receipts of less than $750,000, cranberry handlers. As with all Federal recommended this proposal following and small agricultural service firms are marketing order programs, reports and deliberations at a public meeting. The defined as those whose annual receipts forms are periodically reviewed to proposed amendment would give the are less than $7,500,000 (13 CFR reduce information requirements and Committee authority to receive and use 121.201). duplication by industry and public voluntary contributions from domestic According to industry and Committee sector agencies. sources to fund production research, data, the average grower price for The Committee’s meeting was widely marketing research, and market cranberries during the 2016–17 crop publicized throughout the cranberry development projects, including paid year was $23.50 per barrel, and total production area. All interested persons advertising, designed to assist, improve, sales were around 9.5 million barrels. were invited to attend the meeting and or promote the marketing, distribution, The value for cranberries that crop year encouraged to participate in Committee consumption or efficient production of totaled $223,250,000 ($23.50 per barrel deliberations on all issues. cranberries, as authorized under multiplied by 9.5 million barrels). The Committee meeting was public, § 929.45, Research and development. Taking the total value of production for and all entities, both large and small, Currently, program operations are cranberries and dividing it by the total were encouraged to express their views solely financed through assessments number of cranberry growers (1,100) on this proposal. collected from handlers regulated under provides an average return per grower of Finally, interested persons are invited the Order. Sources not affiliated with $202,955. Based on USDA’s Market to submit comments on the proposed the Order have expressed an interest in News reports, the average free on board amendment to the Order, including supporting many of the research and (f.o.b.) price for cranberries was around comments on the regulatory and development projects currently funded $30.00 per barrel. Multiplying the f.o.b. information collection impacts of this by the Order but the Committee has had price by total utilization of 9.5 million action on small businesses. to decline these offers. This proposal barrels results in an estimated handler- Following the analysis of any would provide authority to accept level cranberry value of $285 million. comments received on the amendment financial contributions from domestic Dividing this figure by the number of proposed in this rule, AMS will sources. With the additional funding, handlers (65) yields an estimated evaluate all available information and more research and development projects average annual handler receipt of $4.3 determine whether to proceed. If could be undertaken. million, which is below the SBA appropriate, a proposed rule and This proposal would add a new threshold for small agricultural service referendum order would be issued, and section, § 929.43, Contributions, to the firms. Therefore, the majority of growers producers and processors would be Order which would authorize the and handlers of cranberries may be provided the opportunity to vote for or Committee to accept voluntary financial classified as small entities. against the proposed amendment. contributions. Such contributions could The Committee’s proposed Information about the referendum, only be accepted from domestic sources amendment was unanimously including dates and voter eligibility and would be free from any recommended at a public meeting. If the requirements, would be published in a encumbrances or restrictions on their proposal is approved in a referendum, future issue of the Federal Register. A use by the donor. When received, the there would be no direct financial effect final rule would then be issued to Committee would retain complete on growers or handlers. This proposal effectuate the amendment, if favored by control of their use and the contributed would provide the Committee authority producers and processors participating funds would only be used to fund to accept additional funding. With the in the referendum. program activities authorized under potential for additional funding, more AMS is committed to complying with § 929.45, Research and development. research and promotional projects could the E-Government Act to promote the be undertaken. Therefore, it is use of the internet and other Initial Regulatory Flexibility Analysis anticipated that both small and large information technologies, to provide Pursuant to the requirements set forth producer and handler businesses would increased opportunities for citizen in the Regulatory Flexibility Act (RFA) benefit from implementation of the access to Government information and (5 U.S.C. 601–612), AMS has considered proposed rule. Additionally, a past services, and for other purposes.
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USDA has not identified any relevant this rulemaking will be analyzed, and if establish a grower allotment percentage Federal rules that duplicate, overlap, or AMS determines to proceed based on all for the 2018–19 crop year under the conflict with this action. the information presented, a referendum marketing order for cranberries grown in A small business guide on complying would be conducted to determine the production area (Order). This with fruit, vegetable, and specialty crop support for the proposed amendment. If proposed action would limit the marketing agreements and orders may appropriate, a final rule would then be quantity of cranberries from the 2018– be viewed at: https:// issued to effectuate the amendment 19 crop a handler may purchase from, www.ams.usda.gov/rules-regulations/ favored by producers and processors or handle on behalf of, growers, and moa/small-businesses. Any questions participating in the referendum. would allow for the diversion of about the compliance guide should be processed products from that year. This List of Subjects in 7 CFR Part 929 sent to Richard Lower at the previously proposed action would also specify mentioned address in the FOR FURTHER Cranberries, Marketing agreements, handlers subject to the regulation, revise INFORMATION CONTACT section. Reporting and recordkeeping the definition of outlets for excess fruit, requirements. revise dates by which certain actions are General Findings For the reasons set forth in the due, and establish exemptions to the These findings are supplementary to preamble, 7 CFR part 929 is proposed to proposed action. the findings and determinations which be amended as follows: DATES: Comments must be received by were previously made in connection May 29, 2018. PART 929—CRANBERRIES GROWN IN with the issuance of the Order; and all ADDRESSES: Interested persons are said previous findings and THE STATES OF MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW invited to submit written comments determinations are hereby ratified and concerning this proposed rule. affirmed, except insofar as such findings JERSEY, WISCONSIN, MICHIGAN, MINNESOTA, OREGON, Comments must be sent to the Docket and determinations may be in conflict Clerk, Marketing Order and Agreement WASHINGTON, AND LONG ISLAND IN with the findings and determinations set Division, Specialty Crops Program, THE STATE OF NEW YORK forth herein. AMS, USDA, 1400 Independence 1. The Order as proposed to be ■ Avenue SW, STOP 0237, Washington, amended and all of the terms and 1. The authority citation for 7 CFR part 929 continues to read as follows: DC 20250–0237; Fax: (202) 720–8938; or conditions thereof, would tend to internet: http://www.regulations.gov. All Authority: 7 U.S.C. 601–674. effectuate the declared policy of the Act; comments should reference the 2. The Order as proposed to be ■ 2. Add § 929.43 to read as follows: document number and the date and amended regulates the handling of page number of this issue of the Federal cranberries grown in the States of § 929.43 Contributions. Register and will be made available for Massachusetts, Rhode Island, The Committee may accept voluntary public inspection in the Office of the Connecticut, New Jersey, Wisconsin, contributions to pay expenses incurred Docket Clerk during regular business Michigan, Minnesota, Oregon, pursuant to § 929.45, Research and hours, or can be viewed at: http:// Washington, and Long Island in the development. Such contributions may www.regulations.gov. All comments State of New York in the same manner only be accepted if they are sourced submitted in response to this proposal as, and is applicable only to, persons in from domestic contributors and are free will be included in the record and will the respective classes of commercial and from any encumbrances or restrictions be made available to the public. Please industrial activity specified in the on their use by the donor. The be advised that the identity of the marketing order; Cranberry Marketing Committee shall individuals or entities submitting the 3. The Order as proposed to be retain complete control of their use. comments will be made public on the amended is limited in application to the * * * * * smallest regional production area which internet at the address provided above. is practicable, consistent with carrying Dated: April 19, 2018. FOR FURTHER INFORMATION CONTACT: out the declared policy of the Act, and Bruce Summers, Doris Jamieson, Marketing Specialist, or the issuance of several orders applicable Acting Administrator, Agricultural Marketing Christian D. Nissen, Regional Director, to subdivisions of the production area Service. Southeast Marketing Field Office, would not effectively carry out the [FR Doc. 2018–08526 Filed 4–26–18; 8:45 am] Marketing Order and Agreement declared policy of the Act; BILLING CODE 3410–02–P Division, Specialty Crops Program, 4. The Order as proposed to be AMS, USDA; Telephone: (863) 324– amended prescribes, insofar as 3375, Fax: (863) 291–8614, or Email: practicable, such different terms DEPARTMENT OF AGRICULTURE [email protected] or applicable to different parts of the [email protected]. Agricultural Marketing Service production area as are necessary to give Small businesses may request information on complying with this due recognition to the differences in the 7 CFR Part 929 production and marketing of cranberries regulation by contacting Richard Lower, produced or handled in the production [Doc. No. AMS–SC–18–0012; SC18–929–2 Marketing Order and Agreement area; and PR] Division, Specialty Crops Program, 5. All handling of cranberries AMS, USDA, 1400 Independence produced in the production area as Cranberries Grown in States of Avenue SW, STOP 0237, Washington, defined in the Order is in the current of Massachusetts, et al.; Establishment of DC 20250–0237; Telephone: (202) 720– interstate or foreign commerce or 2018–19 Seasonal Volume Regulation 2491, Fax: (202) 720–8938, or Email: directly burdens, obstructs, or affects AGENCY: Agricultural Marketing Service, [email protected]. such commerce. USDA. SUPPLEMENTARY INFORMATION: This A 60-day comment period is provided ACTION: Proposed rule. action, pursuant to 5 U.S.C. 553, to allow interested persons to respond proposes amendments to regulations to this proposal. Any comments SUMMARY: This proposed rule invites issued to carry out a marketing order as received on the amendment proposed in comments on a recommendation to defined in 7 CFR 900.2(j). This proposal
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is issued under Marketing Agreement United States in any district in which volume of cranberries needed to meet and Order No. 929, as amended (7 CFR the handler is an inhabitant, or has his market demand and provide for an part 929), regulating the handling of or her principal place of business, has adequate carryover into the next season. cranberries grown in the States of jurisdiction to review USDA’s ruling on The allotment percentage is derived by Massachusetts, Rhode Island, the petition, provided an action is filed dividing the marketable quantity by the Connecticut, New Jersey, Wisconsin, not later than 20 days after the date of total of all growers’ sales histories. Michigan, Minnesota, Oregon, the entry of the ruling. Section 929.48 outlines procedures for Washington, and Long Island in the This proposed rule invites comments computing a grower’s sales history. State of New York. Part 929 (referred to on the establishment of a marketable Section 929.49 also prescribes how as the ‘‘Order’’) is effective under the quantity and grower allotment the grower allotment percentage is Agricultural Marketing Agreement Act percentage for the 2018–19 crop year. calculated and distributed to growers of 1937, as amended (7 U.S.C. 601–674), This proposal is the result of the and handlers. Each grower’s allotment hereinafter referred to as the ‘‘Act.’’ The Committee’s recommendations made volume is calculated by multiplying the Cranberry Marketing Committee during its August 4, and August 31, individual’s sales history by the (Committee) locally administers the 2017, meetings, and a February 18, allotment percentage. A grower’s Order and is comprised of growers of 2018, email vote. The proposal would allotment is the total volume a handler cranberries operating within the establish a marketable quantity of 7.275 may purchase from, or handle on behalf production area, and a public member. million barrels and a grower allotment of, that grower during a year of volume The Department of Agriculture percentage of 75 percent. This proposed regulation. Cranberries received by a (USDA) is issuing this proposed rule in action would also allow handlers to handler that exceed the sum of their conformance with Executive Orders process up to 50 percent of the excess growers’ allotments can be used to fill 13563 and 13175. This action falls cranberries they receive above their unused allotment. Any remaining within a category of regulatory actions growers’ allotment, provided they divert cranberries are defined as excess that the Office of Management and an equivalent amount of 2018–19 cranberries as defined in § 929.59, Budget (OMB) exempted from Executive cranberry processed products. It would which also outlines the procedures and Order 12866 review. Additionally, also establish an exemption for dates by which excess cranberries are to because this proposed rule does not organically grown cranberries, specify be diverted. Section 929.61 prescribes meet the definition of a significant handlers subject to the regulation, revise outlets for excess cranberries, which are regulatory action, it does not trigger the the definition of outlets for excess fruit, further defined in § 929.104. requirements contained in Executive and revise dates by which certain In addition, § 929.50 provides Order 13771. See OMB’s Memorandum actions are due. authority for the transfer of sales history titled ‘‘Interim Guidance Implementing The Committee also recommended an and annual allotment. Section 929.51 Section 2 of the Executive Order of exemption for organically grown requires the Committee to consider January 30, 2017 titled ‘Reducing cranberries, and an exemption of 2,500 market conditions, including supply Regulation and Controlling Regulatory barrels for each grower. After much and demand, prior to recommending an Costs’ ’’ (February 2, 2017). consideration, USDA determined the allotment percentage, and that any This proposed rule has been reviewed recommended grower exemption of recommendation be made by March 1. under Executive Order 12988, Civil 2,500 barrels should be revised. Section 929.58(a) provides the authority Justice Reform. Order provisions Consequently, this proposal does not to exempt from any or all requirements provide that the Committee may include the exemption of 2,500 barrels the handling of cranberries in such recommend and implement, subject to for each grower and instead proposes to minimum quantities as the Committee, USDA approval, volume control exempt handlers that processed less with the approval of the Secretary, may regulation which would decrease the than 125,000 barrels during the 2017–18 prescribe. Section 929.58(b) provides, in available supply of cranberries fiscal year, or handlers that did not have part, the authority to exempt from any whenever the Secretary of Agriculture carryover inventory at the end of the or all requirements the handling of (Secretary) finds that ‘‘such regulation 2017–18 fiscal year. Accordingly, cranberries of such forms or types, will tend to effectuate the declared growers delivering their fruit to exempt including organic cranberries, as the policy of the Act.’’ Accordingly, this handlers would not be subject to the Committee, with the approval of the proposed rule would establish a allotment. Secretary, may prescribe. marketable quantity and grower In addition, in a February 18, 2018 Domestic cranberry production has allotment percentage for cranberries vote by email, the Committee voted been increasing over the past few years, produced during the 2018–19 crop year, unanimously to adjust reporting dates up from 8.0 million barrels in 2012 to beginning September 1, 2018, and associated with the proposed allotment 9.6 million barrels in 2016. During the ending August 31, 2019. regulation. These changes were last few years, demand has remained The Act provides that administrative previously discussed and supported by relatively flat, and has not kept pace proceedings must be exhausted before the Committee at a meeting on April 22, with the increases in supply. This has parties may file suit in court. Under 2014 as part of the consideration of led to increasing levels of inventories. section 608c(15)(A) of the Act, any another volume regulation for which a Ending inventory levels increased from handler subject to an order may file rule was not issued. 5.8 million barrels in 2012 to 9.7 million with USDA a petition stating that the The recommendations included in barrels in 2016. order, any provision of the order, or any this proposed rule would adjust supply Demand for cranberries is inelastic, obligation imposed in connection with to more closely meet market demand, meaning changes in consumer price the order is not in accordance with law improve grower and handler returns, have a minimal effect on total sales. and request a modification of the order and help reduce inventory. However, grower prices are very or to be exempted therefrom. A handler Sections 929.49 and 929.52 provide, sensitive to changes in supply. is afforded the opportunity for a hearing in part, authority to establish a Consequently, higher inventory levels on the petition. After the hearing, USDA marketable quantity and grower place downward pressure on grower would rule on the petition. The Act allotment percentage. Section 929.14 prices for cranberries and reduce grower provides that the district court of the defines marketable quantity as the returns. Data reviewed by the
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Committee indicates that the price per withholding, setting the free and industry inventory, and increase barrel received by some growers has restricted percentages of 85 percent and industry returns. This proposed rule fallen from $30 a barrel in 2011 to $10 15 percent, respectively, for the 2017–18 would add a new § 929.253 to establish a barrel in 2016. With the cost of season. The proposed rule to establish the marketable quantity and grower production estimated at approximately these percentages was published in the allotment. $35 a barrel, for many growers returns Federal Register on January 2, 2018 (83 The Committee also recommended have fallen below the cost of FR 72). The Committee estimated that that handlers have the option to receive production. the 15 percent restriction would remove cranberries over their grower allotment The Committee met on August 4, approximately one million barrels from and process up to 50 percent of the 2017, and again on August 31, 2017, and inventory, helping to maintain excess cranberries received rather than discussed the estimated levels of supply inventories at current levels. While the divert them in fresh form, as currently and demand and how market conditions Committee recognized a small required. Handlers that do so would were impacting the industry. The restriction would not immediately need to divert an amount of 2018–19 Committee discussed the approximate balance supply with demand, even a cranberry processed products equivalent levels of production for the 2017–18 small restriction would remove a to the volume of excess cranberries season, forecasting production at portion of the volume from the market processed. approximately 9.1 million barrels. and help prevent an additional increase The Committee made this Carryover inventory was estimated at in inventory. recommendation recognizing that approximately 9.9 million barrels and With the proposed handler processing fresh fruit to produce one of foreign acquired cranberries were withholding removing an estimated one its top-selling items, sweetened dried expected to provide an additional 2.1 million barrels from the market, the cranberries (SDC), results in juice million barrels, for a total available industry would still have approximately concentrate as a by-product. A supply of approximately 21.1 million 10 million barrels remaining in significant amount of current inventory barrels for the year. After accounting for inventory. Given the static demand and is in the form of juice concentrate. By shrinkage, the Committee agreed on an anticipated market conditions for the allowing handlers to process a portion adjusted supply of 20.4 million barrels 2018–19 fiscal year, the Committee also of the excess cranberries they receive, for the 2017–18 crop year. recommended establishing a grower more fresh cranberries would be Using these numbers, with estimated allotment percentage for the 2018–19 available to produce products requiring sales of 9.5 million barrels for 2017–18, fiscal year. whole cranberries, such as SDC, and the the Committee calculated a potential The Committee discussed various diversion of concentrate would help carryover for the 2018–19 season of 10.9 levels of restriction, being sensitive to prevent additional build-up of million barrels. This is an the impact volume control could have inventory. Handlers would still have the approximately one million barrel on small growers and handlers. Some option to divert fresh berries as excess increase from the carryover inventory small handlers are able to sell all their supply. for the 2017–18 crop year. Based on production each year and do not To allow for the diversion of these numbers, carryover inventory for maintain an inventory. Several processed products, § 929.104(b), which the 2018–19 crop year would be Committee members stated a large currently prohibits the handling of approximately 115 percent of annual restriction would place a hardship on excess fruit, would be removed. To sales. these small handlers. However, the ensure the diversion of processed In discussing market conditions, the Committee also recognized that volume products in lieu of fresh cranberries is Committee recognized that sales have control measures could help increase correctly accounted for, the final rule for been relatively flat. The Committee also grower returns by helping to align volume regulation for the 2017–18 noted supply has been exceeding supply with demand. season (83 FR 14350) adds guidance demand by about one million barrels a In addition, establishing an allotment under § 929.107 along with a conversion year. Using crop and sales estimates regulation can help growers reduce table. The table recognizes different similar to 2017–18, and the estimated production costs. Growers could choose conversion equivalencies of cranberries carryover from the 2017–18 season of to take bogs out of production, or reduce to processed product based on the 10.9 million barrels, the potential inputs such as fertilizer and pesticides volume of Brix concentrate. carryover supply at the end of the 2018– in order to reduce their production Brix is the method for measuring the 19 crop year could increase by another volume to match their allotment. These amount of sugar contained in the one million barrels to 11.9 million if no and other steps could help growers cranberry products, and the industry action is taken to regulate supply. reduce their costs of production for the average for concentrate is 50 Brix. The In reviewing these numbers, the 2018–19 crop. Committee acknowledged that the Brix Committee agreed the industry is faced Based on the information available, level can vary depending on the with a large inventory that continues to the Committee recommended growing region and farming practices. build. To address the problems establishing a marketable quantity of The proposed table would help ensure associated with oversupply and to try to 7.275 million barrels and an allotment that the diversion of processed product stabilize grower returns, the Committee percentage of 75 percent for the 2018– in lieu of fresh berries is applied discussed the need to establish volume 19 crop year. With volume regulation, equitably among all handlers. regulation. The Committee considered returns are expected to be higher than Using the proposed conversion table, several options, including establishing without volume regulation. This handlers could determine the amount of free and restricted percentages under a increase is beneficial to all growers and cranberry concentrate they would need handler withholding for the 2017–18 handlers regardless of size, and to divert, in lieu of fresh berries, to crop year, establishing a grower enhances total revenues in comparison cover the fresh cranberry equivalent of allotment for the 2018–19 season, or to no volume regulation. Establishing an any excess cranberries processed. Juice recommending both regulations. allotment percentage allows the concentrate should comprise the vast Considering the levels of inventory industry to help stabilize supplies. This majority of processed product used for and low grower returns, the Committee proposal could remove a potential 2 diversion. Should requests be made to voted to recommend a handler million barrels from supply, reduce use other processed products for
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diversion, conversion rates for those not have all necessary information to dissatisfied with his or her sales history products would be provided by the complete the report by the current calculation provided by the Committee. Committee based on information deadline. Therefore, the Committee The grower must request the review provided by the requesting handler. recommended changing the grower within 30 days after receipt of the For example, a grower with a sales reporting date from January 15 to Committee’s determination of sales history of 1,000 barrels would have an March 1. history and must submit documentation allotment of 750 barrels (1,000 × .75). If The Committee also recommended showing why he or she believes the the grower delivered all 1,000 barrels to organically grown cranberries be exempt calculation is inaccurate. Within 15 the handler, the handler would have from this proposed regulation as they days after notification of the appeals 250 barrels of excess fruit. Under this serve a niche market and represent a subcommittee’s decision, if the grower proposed rule, the handler could divert very small portion of the total crop. All is not satisfied with the decision, the 250 barrels of fresh fruit to approved other cranberry production, including grower may further appeal to the outlets or divert half (125 barrels of fresh cranberries, would be subject to Secretary. fresh fruit) and process half, diverting a regulation under the grower allotment A grower may transfer all or part of 125 barrel equivalent in 2018–19 volume regulation. their allotment to another grower, processed product. To address the burden the volume provided that the transferred allotment The Committee also recommended regulation would have on small growers remains assigned to the same handler. changes to date requirements currently and handlers, the Committee also Transfers of allotment between growers specified in the Order. Section 929.59(b) recommended providing an exemption { } having different handlers may occur currently states that ‘‘ p rior to January of 2,500 barrels for all growers. Under with the consent of both handlers. All 1, or such other date as recommended the Committee’s recommendation, the such transfers would have to be by the committee and approved by the exemption would be applied following reported to the Committee. After all Secretary, handlers holding excess the calculation of a grower’s allotment. allotment transfers have occurred, any cranberries shall submit to the However, after much consideration, unused allotment would be transferred committee a written plan outlining USDA determined the exemption to the Committee. The Committee procedures for the systematic disposal recommendation should be revised. would then redistribute any unused of such cranberries in the outlets Rather than provide an exemption of allotment to handlers having excess prescribed in § 929.61.’’ The Committee 2,500 barrels for each grower, this cranberries in an amount proportionate agreed the date for submitting disposal proposed action would exempt small to each handler’s total allotment. These plans should be extended in order to handlers who processed less than provisions help ensure that excess give handlers more time to consider 125,000 barrels from the allotment supply is utilized, to the extent possible, how to divert their excess cranberries. requirement. Further, handlers who did through unfilled allotment. Therefore, the Committee recommended not have carryover inventory at the end changing the deadline prescribed in of the 2017–18 fiscal year would also be The Committee considered the § 929.59(b) from January 1 to March 1 of exempt from the allotment requirement. estimated level of production and the regulated season. Accordingly, growers delivering their anticipated demand, and determined Section 929.59(c) states that ‘‘{p}rior fruit to exempt handlers would not be that without some action on the part of to March 1, or such other date as subject to the allotment. the Committee, inventory levels would recommended by the committee and These changes would allow handlers continue to increase throughout the approved by the Secretary, all excess who have matched their production 2018–19 season. The Committee cranberries shall be disposed of with market demand to continue to believes using the volume control pursuant to § 929.61.’’ Given the change serve their customer base and maintain authorities in the Order would help in the due date for the diversion plans, their market share. Small growers would stabilize marketing conditions for the Committee agreed that this date also have the option of delivering their cranberries by helping to adjust supply should also be changed to provide fruit to handlers who are not subject to to meet market demand and improve handlers with enough time to comply the regulation. Handlers subject to the grower returns. with this requirement. Therefore, the allotment percentage should be able to Accordingly, this proposal would Committee recommended changing the meet any market shortfalls by utilizing establish a grower allotment at 75 date by which diversion is to be cranberries or cranberry products percent for the 2018–19 season. It would completed from March 1 to August 31. available in inventory. The provision also give handlers the option to process This proposed rule would add a new allowing handlers to process a portion up to 50 percent of the excess § 929.159 to make these date changes. of their excess cranberries should also cranberries they receive above their Section 929.62(a) requires each help provide some flexibility. growers’ allotment, provided they divert grower to file a report with the With this proposed action, only those an equivalent amount of 2018–19 Committee by January 15 of each year handlers carrying inventory would be cranberry processed products. This providing the following information: subject to meeting the allotment proposed rule would also exempt Total acreage harvested and whether requirement. In reviewing the organically grown cranberries, specify owned or leased; total commercial Committee’s recommendation and other handlers subject to the regulation, revise cranberry sales in barrels from such available industry information, USDA the definition of outlets for excess fruit, acreage; the amount of acres either in has determined that existing inventories and revise dates by which certain production but not harvested, or taken in excess of 9 million barrels are putting actions are due. out of production, and the reason(s) the most downward pressure on returns Initial Regulatory Flexibility Analysis why; the amount of new or replanted to both growers and handlers. acreage coming into production; the Consequently, this proposal would put Pursuant to requirements set forth in name of the handler(s) to whom more focus on reducing the volume in the Regulatory Flexibility Act (RFA) (5 commercial cranberry sales were made; inventory. U.S.C. 601–612), the Agricultural and such other information as may be Section 929.125 provides authority for Marketing Service (AMS) has needed for implementation and a grower to request a review by an considered the economic impact of this operation of this section. Growers might appeals subcommittee if the grower is action on small entities. Accordingly,
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AMS has prepared this initial regulatory handler returns can be negatively percent in 2016, and could reach an flexibility analysis. impacted. anticipated 115 percent after the 2017– The purpose of the RFA is to fit Demand for cranberries is inelastic, 18 season. These inventories have had regulatory actions to the scale of meaning changes in price have a a depressing effect on grower prices, businesses subject to such actions in minimal effect on total sales volume. which for many growers have fallen order that small businesses will not be However, grower prices are very below their cost of production. unduly or disproportionately burdened. sensitive to changes in supply. A grower Retail demand for cranberries is Marketing orders issued pursuant to the allotment program results in a decrease highly inelastic, which indicates Act, and rules issued thereunder, are in supply as handlers can only purchase changes in consumer prices do not unique in that they are brought about a portion of a grower’s production, result in significant changes in the through group action of essentially which is based on the grower’s past quantity demanded. Consumer prices small entities acting on their own sales history. Even a small shift in are also not significantly impacted by behalf. supply can have a positive effect on minor changes in cranberry supplies. There are approximately 1,100 grower prices. Therefore, using a grower Therefore, this action should have little cranberry growers in the regulated area allotment program to reduce supply or no effect on consumer prices and and approximately 65 cranberry should increase grower prices and should not result in a reduction in retail handlers subject to regulation under the revenues. sales. However, even a small shift in Order. Small agricultural producers are This proposed rule would establish a supply could increase grower and defined by the Small Business grower allotment of 75 percent for the handler returns. The use of allotment Administration (SBA) as those having 2018–19 crop year. It would also allow percentages would likely have a positive annual receipts of less than $750,000, handlers to process up to 50 percent of impact on grower and handler returns and small agricultural service firms are the excess cranberries they receive for this crop year. defined as those whose annual receipts above their growers’ allotment, provided This proposal would result in some they divert an equivalent amount of fruit being taken off the market. are less than $7,500,000 (13 CFR 2018–19 cranberry processed products. However, a sufficient amount of fruit 121.201). In addition, this proposal would exempt would still be available to supply all According to industry and Committee organically grown cranberries, specify aspects of the market. In addition, data, the average grower price for handlers subject to the regulation, revise allowing handlers the option to process cranberries during the 2016–17 season the definition of outlets for excess fruit, up to 50 percent of the excess was $23.50 per barrel and total sales and revise dates by which certain cranberries they receive above their were approximately 9.5 million barrels. actions are due. These actions are growers’ allotment, provided they divert The value for cranberries that year designed to help stabilize marketing an equivalent amount of 2018–19 totaled $223,250,000 ($23.50 per barrel conditions, reduce burdensome cranberry processed products, would multiplied by 9.5 million barrels). inventories, and improve grower and provide handlers some additional Taking the total value of production for handler returns. This rule revises flexibility and may help reduce cranberries and dividing it by the total §§ 929.104 and 929.105 and establishes inventories of juice concentrate, one of number of cranberry growers provides new §§ 929.159 and 929.253. The the largest segments of existing an average return per grower of authority for these actions is provided inventory. $202,955. Using the average price and for in §§ 929.48, 929.49, 929.51, 929.52, There are also secondary outlets utilization information, and assuming a 929.58, 929.59, 929.61, and 929.62. available for excess fruit, including normal distribution, the majority of These changes are based on Committee foreign markets except Canada, cranberry growers receive less than recommendations from meetings on charitable institutions, nonhuman food $750,000 annually. August 4 and August 31, 2017, and a use, and research and development According to USDA’s Market News February 18, 2018, email vote. projects. While these alternatives may report, the average free on board (f.o.b.) While these actions could result in provide different levels of return than price for cranberries was approximately some additional costs to the industry, sales to primary markets, they play an $30.00 per barrel. Multiplying the f.o.b. the benefits are expected to outweigh important role for the industry. In price by total utilization of 9.5 million them. The purpose of establishing an addition, if demand is greater than barrels results in an estimated handler- allotment percentage is to address anticipated, there are significant level cranberry value of $285 million. oversupply conditions and to stabilize amounts of fruit in inventory that could Dividing this figure by the number of grower prices. The industry has a be utilized to meet demand. handlers (65) yields an estimated significant volume in inventory, and This action would also exempt small average annual handler receipt of $4.3 this has had a negative impact on handlers who processed less than million, which is below the SBA grower and handler returns. Without 125,000 barrels in 2017–18 from the threshold for small agricultural service volume control, inventories would allotment percentage. Consequently, firms. Therefore, the majority of likely continue to increase, further small handlers whose acquired volume producers and handlers of cranberries lowering returns. is 125,000 barrels or less would be may be classified as small entities. Inventories have significantly exempt from the allotment volume While cranberry production has increased since 2011. In 2011, existing restriction. This would reduce the continued to rise, demand has failed to inventories were around 4.6 million burden the volume restriction has on keep pace, and inventories have been barrels. By the end of the 2016–17 small handlers and their growers. increasing. In an industry such as season, inventories were approximately In addition, handlers who did not cranberries, product can be stored in 9.9 million barrels, and by the end of have carryover inventory at the end of inventory for long periods of time. Large the 2017–18 season, inventories are the 2017–18 fiscal year would also be inventories are costly to maintain, projected to be approximately 10.9 exempt from the allotment percentage. difficult to market, and have a price- million barrels. Inventories as a This would allow handlers that have depressing effect. When supply percentage of total sales have also been matched their production with market outpaces demand and results in high increasing from approximately 50 demand to continue to serve their levels of inventories, grower and percent in 2010 to approximately 103 customer base and maintain their
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market share. Handlers subject to the duplication by industry and public Subpart B—Administrative restriction should be able to meet any sector agencies. USDA has not Requirements shortfalls by utilizing cranberries or identified any relevant Federal rules cranberry products they have in that duplicate, overlap, or conflict with ■ 2. In § 929.104, revise paragraph (a) inventory. this proposed rule. and remove and reserve paragraph (b) to Further, making the recommendation read as follows: to regulate the volume handled under a AMS is committed to complying with (a) In accordance with § 929.61, grower allotment program could result the E-Government Act to promote the in some cost savings for growers use of the internet and other excess cranberries may be diverted only depending upon what actions they may information technologies to provide to the following noncommercial or take to adjust supply. increased opportunities for citizen noncompetitive outlets: As the allotment represents a access to Government information and * * * * * percentage of the grower’s sales history, services, and for other purposes. ■ 3. In § 929.105, add paragraph (c) to the costs, when applicable, are In addition, the Committee’s meetings read as follows: proportionate and should not place an were widely publicized throughout the * * * * * extra burden on small entities as cranberry industry and all interested compared to large entities. Likewise, (c) Beginning with crop year 2018–19, persons were invited to attend the growers and handlers, regardless of size, the due date for the grower report meetings and participate in Committee would benefit from the stabilizing required under § 929.62(a) is changed to deliberations on all issues. Like all effects of this proposal. March 1. One alternative considered by the Committee meetings, the August 4, 2017 ■ 4. Add § 929.159 to read as follows: Committee was not to impose a volume and August 31, 2017 meetings were regulation during the 2018–19 crop public meetings and all entities, both § 929.159 Excess cranberries. year. However, Committee members large and small, were able to express believed that inventory levels were such views on these issues. Finally, (a) Beginning with crop year 2018–19, that some form of volume control was interested persons are invited to submit handlers holding excess cranberries necessary to help stabilize marketing comments on this proposed rule, shall submit to the Committee a written conditions. including the regulatory and plan outlining procedures for the The Committee also considered other information collection impacts of this systematic disposal of such cranberries allotment percentage levels. However, action on small businesses. as specified in § 929.59(b) by March 1. some members were concerned that A small business guide on complying (b) Beginning with crop year 2018–19, setting an allotment percentage that was all excess cranberries shall be diverted too restrictive could negatively impact with fruit, vegetable, and specialty crop marketing agreements and orders may as specified in § 929.59(c) prior to small growers. The Committee also August 31. considered not recommending a be viewed at: http://www.ams.usda.gov/ provision to allow a percentage of rules-regulations/moa/small-businesses. ■ 5. Add § 929.253 to read as follows: excess cranberries to be processed into Any questions about the compliance guide should be sent to Richard Lower § 929.253 Marketable quantity and cranberry products. The Committee allotment percentage for the 2018–19 crop determined that allowing handlers to at the previously mentioned address in year. process up to 50 percent of the excess the FOR FURTHER INFORMATION CONTACT cranberries they receive above their section. (a) The marketable quantity for the growers’ allotment would provide A 30-day comment period is provided 2018–19 crop year is set at 7.275 million additional volumes of fresh cranberries to allow interested persons to respond barrels and the allotment percentage is for processing and would provide to this proposal. All written comments designated at 75 percent. handlers some flexibility while not timely received will be considered (b) Organically grown fruit shall be adding additional juice concentrate to before a final determination is made on exempt from the volume regulation the existing inventory levels. Therefore, this matter. requirements of this section. Small for the reasons mentioned above, these handlers who processed less than alternatives were rejected by the List of Subjects in 7 CFR Part 929 125,000 barrels during the 2017–18 Committee. Cranberries, Marketing agreements, fiscal year are exempt from the volume In accordance with the Paperwork regulation requirements of this section. Reduction Act of 1995 (44 U.S.C. Reporting and recordkeeping requirements. Any handler who did not have Chapter 35), the Order’s information carryover inventory at the end of the collection requirements have been For the reasons set forth in the 2017–18 fiscal year is also exempt from previously approved by OMB and preamble, 7 CFR part 929 is proposed to the volume regulation requirements of assigned OMB No. 0581–0189, Generic be amended as follows: this section. Fruit Crops. No changes in those requirements as a result of this action PART 929—CRANBERRIES GROWN IN (c) Handlers have the option to are necessary. Should any changes STATES OF MASSACHUSETTS, process up to 50 percent of the excess become necessary, they would be RHODE ISLAND, CONNECTICUT, NEW cranberries received over their growers’ allotments into dehydrated cranberries submitted to OMB for approval. JERSEY, WISCONSIN, MICHIGAN, or other processed products. Handlers This proposed rule would not impose MINNESOTA, OREGON, utilizing this option shall divert an any additional reporting or WASHINGTON, AND LONG ISLAND IN amount of 2018–19 processed products recordkeeping requirements on either THE STATE OF NEW YORK small or large cranberry growers or equivalent to the volume of excess handlers. As with all Federal marketing cranberries processed as provided for in ■ order programs, reports and forms are 1. The authority citation for 7 CFR § 929.107. The remaining volume of periodically reviewed to reduce part 929 continues to read as follows: excess cranberries must be diverted as information requirements and Authority: 7 U.S.C. 601–674. whole fruit.
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Dated: April 19, 2018. Code 6530, Washington, DC 20416, or Small Business Jobs Act in 2010 (Jobs Bruce Summers, send an email to [email protected]. Act) (Pub. L. 111–240, 124 Stat. 2504, Acting Administrator, Agricultural Marketing Highlight the information that you Sept. 27, 2010) requiring SBA to review, Service. consider to be CBI and explain why you every five years, all size standards and [FR Doc. 2018–08528 Filed 4–26–18; 8:45 am] believe SBA should hold this make necessary adjustments to reflect BILLING CODE 3410–02–P information as confidential. SBA will market conditions. SBA recently review the information and make the completed the first five-year review of final determination of whether it will size standards under the Jobs Act and SMALL BUSINESS ADMINISTRATION publish the information or not. will start the next five-year review in FOR FURTHER INFORMATION CONTACT: the near future. Usually, once every five 13 CFR Part 121 Khem R. Sharma, Chief, Office of Size years, SBA adjusts all monetary based Standards, (202) 205–7189 or size standards for inflation. The SBA’s Small Business Size Standards: [email protected]. latest inflation adjustment to size Revised Size Standards Methodology standards became effective on July 14, SUPPLEMENTARY INFORMATION: The 2014 (79 FR 33647 (June 12, 2014)). SBA AGENCY: U.S. Small Business revised white paper, entitled ‘‘SBA’s also updates its size standards, also Administration. Size Standards Methodology’’ describes every five years, to adopt the Office of ACTION: the SBA’s methodology for establishing, Notification of availability of Management and Budget’s (OMB’s) reviewing and adjusting its small white paper; comment request. quinquennial NAICS revisions to its business size standards pursuant to the table of small business size standards. SUMMARY: The U.S. Small Business Small Business Act (Act) and related SBA adopted the OMB’s 2017 NAICS Administration (SBA or Agency) advises legislative guidelines. Under the Act revisions for its size standards, effective the public that it has revised its white (Pub. L. 85–536, as amended), the SBA’s October 1, 2017 (82 FR 44886 paper explaining how it establishes, Administrator has authority to establish reviews and modifies small business (September 27, 2017)). small business size standards for As part of the comprehensive size size standards. The revised white paper, Federal government programs. The entitled ‘‘SBA’s Size Standards standards review initiated in 2007, SBA white paper provides a detailed established a detailed methodology Methodology (April, 2018),’’ (Revised description of the size standards Methodology) is available for review explaining how SBA establishes, methodology. SBA welcomes comments reviews and adjusts size standards and comments. This notification and feedback on the Revised discusses the comments SBA received based on industry and Federal Methodology, which SBA intends to contracting factors. In 2009, SBA on the methodology that was applied to apply to the forthcoming five-year the recent review of size standards published a document in the Federal comprehensive review of size standards Register notifying the public that SBA’s under the Jobs Act and Agency’s required by section 1344(a)(2) of the responses, followed by a description of ‘‘Size Standards Methodology’’ White Small Business Jobs Act of 2010 (Jobs Paper (Methodology) is available on the major changes to the methodology and Act), Public Law 111–240, Sep. 27, SBA’s website at www.sba.gov/size for their impacts on size standards. 2010. review and comments (74 FR 53940 DATES: SBA must receive comments to To determine eligibility for Federal (October 21, 2009)). Specifically, in the this revised methodology on or before small business assistance programs, notification and in all subsequent June 26, 2018. SBA establishes small business proposed rules revising size standards ADDRESSES: The revised ‘‘Size Standards definitions (commonly referred to as for various NAICS Sectors, SBA sought Methodology (2017)’’ (Revised size standards) for private sector comments on a number of issues Methodology) White Paper is available industries in the United States. SBA’s concerning its Methodology, such as on the SBA’s website at https:// existing size standards use two primary whether there are alternative www.sba.gov/size-standards- measures of business size: Average methodologies that SBA should methodology and on the Federal annual receipts and number of consider; whether there are alternative rulemaking portal at https:// employees. Financial assets and refining or additional factors or data sources that www.regulations.gov. Comments may be capacity are used as size measures for a SBA should evaluate; whether SBA’s submitted on the Revised Methodology, few specialized industries. In addition, approach to establishing small business identified by Docket number SBA– the SBA’s Small Business Investment size standards makes sense in the 2018–0004, by one of the following Company (SBIC), 7(a), Certified current economic environment; whether methods: (1) Federal eRulemaking Development Company (CDC/504) SBA’s applications of anchor size Portal: https://www.regulations.gov. Programs determine small business standards are appropriate in the current Follow the instructions for submitting eligibility using either the industry economy; whether there are gaps in comments, (2) Mail/Hand Delivery/ based size standards or net worth and SBA’s Methodology because of the lack Courier: U.S. Small Business net income based alternative size of comprehensive data; and whether Administration, Khem R. Sharma, Chief, standards. Presently, there are 28 there are other facts or issues that SBA Office of Size Standards, 409 Third different industry based size standards, should consider. The comment period Street SW, Mail Code 6530, Washington, covering 1,031 North American Industry for the Methodology was open from DC 20416, or (3) Email at Classification System (NAICS) October 21, 2009 to September 30, 2015. [email protected]. industries and 14 ‘‘exceptions.’’ Of SBA also sought comments on a SBA will post all comments on these, 531 are based on average annual number of policy questions that the https://www.regulations.gov. If you wish receipts, 509 on number of employees Agency has to consider when to submit confidential business (one of which also includes barrels per developing a methodology for information (CBI) as defined in the User day total refining capacity), and five on establishing, evaluating and revising its Notice at https://www.regulations.gov, average assets. small business size standards, such as please submit the information to Khem In 2007, SBA initiated a how high a small business size standard R. Sharma, Chief, Office of Size comprehensive review of size standards. should be, should there be a single Standards, 409 Third Street SW, Mail Subsequently, Congress passed the measure of business size for all
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industries (i.e., employees or annual barriers as one of the primary factors in counting the receipts of the four largest receipts), should there be a fixed size standards analysis. firms, the commenter added. number of ‘‘bands’’ of size standards or Another commenter argued that while Another, an industry association a separate size standard for each using average assets may be a useful representing engineering firms, industry, and should employee based method for assessing barriers to entry recommended that SBA consider using size standards be adjusted to account for into the commercial market, it fails to the ‘‘8-firm concentration ratio,’’ which labor productivity growth and capture the extensive administrative it claimed is also a widely accepted tool technology similar to the adjustment of and compliance requirements associated for measuring market share (although no monetary based size standards for with Federal contracts, the different references were provided to support this inflation. skills required for Federal contracts as claim) for evaluating industry SBA received 17 comments compared to the commercial market, competition. The commenter stated that specifically on its Methodology and and the size of contracts, all of which the 8-firm concentration ratio provides many comments addressing the also act as significant entry barriers to a more accurate picture of market share different aspects of the Methodology as the Federal market. The commenter controlled by the largest firms in an applied to various proposed rules on recommended that SBA also evaluate industry. According to the association, both receipts-based and employee-based the unique costs of entering the Federal using the 8-firm concentration ratio, size standards. These comments and marketplace. SBA may find that the largest firms SBA’s responses are discussed below. SBA’s response: Given the lack of control more than 40 percent in more actual data on various measures of start- industries than using the 4-firm Comments on Primary Factors up costs and entry barriers, including concentration ratio and SBA may have 1. Average size: One commenter noted product differentiation, economies of to increase size standards for those that the accuracy of the weighted scale, etc., SBA believes that average industries. SBA’s response: SBA is aware of average would increase if the size assets size does serve as a reasonable various measures (e.g., 4-firm ratio, 8- groupings for higher employment and proxy for start-up costs and entry firm ratio, Herfindahl-Hirschman index, receipts levels were more refined. A few barriers. Industries with high average etc.) that are used to measure industry commenters suggested using the median assets are likely to have higher capital competition and dominance. Because firm size, rather than average firm size. requirements and greater barriers for the 4-firm concentration ratio is simple new firms to enter the market, thereby SBA’s response: SBA agrees, but for the public to understand and has supporting higher size standards, all increasing the number of size groupings long been used and accepted as an else being equal. The evaluation of for higher employment and receipts industry factor in size standards levels will increase the amounts of data more, not fewer, factors will result in analysis, SBA continued using it until that will be suppressed for the more robust and analytically sound size the recently completed comprehensive disclosure restriction. As the number of standards. size standards review. This is also the firms declines with receipts or SBA agrees that these are several most widely used measure in the employment levels in every industry, important factors determining relevant literature, as described in its more granular size groupings would businesses’ ability to enter the Federal Methodology. For these reasons, in the result in only a very few firms in higher market and they should be considered past SBA used the 40 percent 4-firm size groupings, thereby causing when evaluating size standards. concentration ratio as the dividing line employment and receipts levels to be However, there exists no readily between the competitive industries and suppressed to ensure confidentiality. A available data in a form to be able to concentrated industries. Further, the sizeable number of cells are already formalize these factors in the size special tabulation of the 2002 Economic suppressed in the existing size standards methodology. Given the lack Census that SBA used for developing groupings, especially at the 6-digit of data, SBA believes that evaluation of the Methodology and the 2007 NAICS industry levels that SBA uses as small business Federal market share Economic Census tabulation SBA used the bases for size standards. When relative to small business share of the in the recently completed industry data on firm sizes are found or industry total revenues would provide a comprehensive size standards review likely to be very skewed, SBA will fairly good indication of how successful only included data to compute the 4- consider using the median firm size, small businesses are in participating in firm concentration ratio, not the 8-firm instead of the average. the Federal market. In addition, SBA concentration ratio. However, using the 2. Start-up costs and entry barriers: also looks at the distribution of Federal 2012 Economic Census Tabulation, SBA One commenter argued that average contracts by firm size and size of has evaluated the appropriateness of assets is not a good measure of start-up contracts, when appropriate. using the 8-firm concentration ratio in costs and entry barriers, such as product 3. Industry competition: One the Revised Methodology to be used in differentiation, brand reputations, commenter noted that evidence does not the forthcoming review of size patents, intellectual property, support using a 40 percent cut off of the standards. economies of scale, and the need for four-firm concentration ratio (CR4) as a In response to the comment as well as specialized capital goods, especially in dividing line between competitive based on its own evaluation of the services industries. Data on asset size industries and oligopolistic industries current methodology, in the Revised are not publicly available for many or ones that are characterized by market Methodology, SBA is proposing to use private companies and, where they are dominance from a few firms. The all values of the 4-firm concentration available, the data will not provide commenter suggested that SBA should ratios directly in the analysis, as useful quantitative information on the consider all CR4 values, not just those opposed to using only 40 percent and magnitude of start-up costs and entry above the 40 percent threshold, as a above. Accordingly, as explained in the barriers across industries, the measure of industry competition in Revised Methodology, the industries commenter added. For these reasons, establishing size standards. It would be with lower 4-firm concentration ratios the commenter recommended that SBA methodologically more sound to use the will be assigned lower size standards should consider dropping average assets CR4 statistic directly in the size and those with higher 4-firm as a proxy for start-up costs and entry standard interpolations to avoid double concentration ratios higher size
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standards, all else remaining the same. size standards increased, the commenter government-wide, not to individual SBA also repeated the same analysis added. industries. using the 8-firm concentration ratio. SBA’s response: In the Revised As mentioned earlier, there is a lack Because the results based on the 4-firm Methodology, SBA is not applying a of data on administrative and concentration ratio were found to be fixed number of size standards levels or compliance requirements and different quite comparable to the results based on ‘‘bands’’ and is letting the data skills required to participate in the 8-firm concentration ratio, SBA has determine an appropriate size standard government contracting for SBA to be decided to continue using the 4-firm for each NAICS industry, with able to formalize these factors and concentration ratio as the measure of appropriate rounding as explained assign a specific weight for the Federal industry competition. elsewhere in this document and the contracting factor for specific industries. 4. Federal contracting factor: While Revised Methodology. However, SBA Implicitly, in the recently completed commenters generally supported SBA’s will continue its policy of capping the comprehensive size standards review, approach to assigning higher size maximum size standard at a certain SBA gave more weight to the Federal standards for industries where small level. As noted earlier, allowing the data contracting factor in some industries businesses are underrepresented in the to determine a size standard without a than in others by assigning higher size Federal market relative to their share in cap would result in very high size standards for those industries that had the industry’s total receipts, they offered standards for some industries, enabling $100 million or more in annual Federal suggestions for improvement. For very large businesses, possibly with contracting and a lower small business example, one commenter expressed billions in revenue or tens of thousands share in the Federal market relative to concern with reconciling SBA’s of employees, to qualify as small at the their share in industry’s total sales. In approach to assigning a size standard expense of genuine small businesses the Revised Methodology, SBA is based on Federal contracting factor and that need Federal help the most. reducing that threshold to $20 million, imposing a cap for the maximum size Federal contracting is one of the thereby resulting in more industries standard when the current size standard factors SBA evaluates, along with being evaluated for Federal market conditions. is at or near the maximum level. If SBA industry data and other relevant SBA does not agree that it does not established a fixed increment in size considerations, when reviewing a size consider Federal contracting trends standards levels with no maximum cap, standard. The SBA’s Methodology when establishing size standards. SBA it would provide the flexibility to permits, if necessary, a higher weight to compares the small business share of increase size standards, when necessary, the Federal contracting factor. However, Federal contracts with the small based on the Federal contracting factor, SBA is concerned that giving an business share of total receipts for each the commenter noted. Another excessive weight to Federal industry. Specifically, if the small commenter stressed the need to procurement may produce skewed business share of contract dollars is consider barriers to enter to Federal results with unintended adverse impact substantially lower than the small market as a factor in size standards on small businesses. For procurement business share of total receipts, SBA analysis. A few commenters to the sensitive industries, SBA might proposes a size standard that is higher proposed rules for various NAICS consider giving a greater weight to the than the current standard. sectors recommended giving the Federal Federal contracting factor, and possibly contracting factor a greater weight to evaluating additional data related to Comments on Measures of Business reflect administrative and compliance Federal contracts, where appropriate. Size requirements and different skills For the recently completed One commenter to the SBA’s required for Federal contracts, and size comprehensive size standards review, Methodology recommended that SBA of contracts. SBA considered the Federal use the measure of firm size that best One commenter recommended that procurement factor for those industries represents the magnitude of a business SBA should assess the extent to which that received $100 million or more in operation within an industry and that contracts are being set aside within total Federal contracts annually and indicates the level of the business specific industries. The commenter showed a large disparity between small activity generated by firms. argued that a higher size standard may business shares in the Federal market Accordingly, the commenter argued that not necessarily lead to a higher small and the industry’s total sales. subcontracting should support the business share in Federal market in an While SBA agrees that small business number of employees as a measure of industry if small business set-asides are opportunities should spread across all business size for size standards, not not used in that particular industry. industries, it does not believe that size average annual receipts as SBA SBA’s goal should be to spread all small standards are the only factor driving proposed. The commenter contended business contracting opportunities Federal agencies’ small business set- that when there is subcontracting, across all industries, because raising aside decisions in the various receipts leads to double counting and size standards may not have any impact industries. SBA’s size standards does not provide a good measure of the if Federal agencies are over-relying on establish eligibility for the small level of real economic activity. SBA’s set-aside contracts only in a handful of business set-aside opportunities that justification of using receipts when industries to meet their small business Federal agencies provide in a particular there is subcontracting conflicts with its contracting goals. industry, but they do not dictate how justification to use employees when One commenter on construction size the agencies make their set-aside there exists variation in the degree of standards suggested that SBA should decisions. The number of set-asides in vertical integration, the commenter consider median size of Federal each industry can be a function of many added. contracts when establishing size factors, including the nature, scope, Several commenters to the proposed standards. The current method does not types, volume, and costs of goods and rule for NAICS Sector 54 (76 FR 14323 consider the Federal contracting trends services the agencies need to procure. It (March 16, 2011)) argued that number of in particular markets, the commenter should also be noted that the current 23 employees is a better measure of noted. Either the bundling or contract percent small business contracting goal business size, especially for consolidation should be curtailed or only applies to total procurements architectural and engineering industries
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where ‘‘pass throughs’’ are high and course of business cycles. Such a firm In 2004, SBA proposed to replace receipts are much more sensitive to would clearly be ‘‘dominant’’ in the average annual receipts with number of business cycles, costs of materials, and industry and thus not a small business employees as the measure of size inflation in the economy. One under the statutory requirement that a standards for most industries, including commenter to the Sector 48–49 small business is one that is construction (see 69 FR 13129 (March proposed rule (76 FR 27935 (May 13, independently owned and operated and 19, 2004)). Commenters in the 2011)) suggested that SBA take into not dominant in its field of operation. construction industry generally opposed account the costs of materials and labor Moreover, a firm’s profits can be SBA’s proposal for a number of reasons, and establish size standards in terms of manipulated and thus would be an such as those SBA states above. In gross profits, instead of total receipts. inconsistent and misleading measure of addition, because employee based size One commenter to the Sector 23 firm’s size for size standards purposes. standards are based on the average proposed rule (77 FR 42197 (July 18, SBA disagrees that receipts based number of employees per pay period for 2012)) argued that small business size standards do not properly reflect the the preceding 12 calendar months, standards for construction industries size of companies in the construction businesses would have to recalculate should be based on number of full time industry. Receipts, as a representative of their size every month. Receipts, on the equivalent (FTE) employees, rather than the overall value of a company’s entire other hand, are calculated as the annual on average annual receipts. Receipts are portfolio of work completed in a given average over last three fiscal years and a ‘‘misleading indicator’’ for size of period of time, are a better measure of need to be updated only annually. This construction companies due to sharp the size of a construction company to allows for fluctuations in market increases in material costs, the determine its eligibility for Federal conditions. Employment data from the commenter noted. In addition, the assistance. Annual receipts measure the U.S. Census Bureau (Economic Census commenter maintained that a total value of a company’s completed and County Business Patterns) and from construction company’s gross receipts work. Under SBA’s prime contractor other Federal statistical agencies (such are inflated relative to the size standard performance requirements (see 13 CFR as Bureaus of Economic Analysis and as subcontracting and material costs that 125.6, limitations on subcontracting), a Labor Statistics) that SBA uses in its could account for as much as 85 percent general construction company needs to size standards analysis are based on of work being performed. perform as little as 15 percent of the total head counts of part-time, One commenter to the Sector 31–33 value of work and a specialty trade temporary and full-time employees, not proposed rule (79 FR 54146 (September contractor can perform as little as 25 based on FTEs. In other words, part- 10, 2014)) suggested to include, in percent of the work with their own time employees are counted the same as addition to employee counts, other resources. SBA is concerned that full-time employees. In addition, using criteria for establishing size standards employee based size standards could FTEs as a measure of size may increase for manufacturing industries, such as encourage construction companies near reporting and record keeping business tenure (5 years), subcontracting the size standard to subcontract more requirements for small businesses to limitations, revenue limits ($30 work to others to bypass the limitations qualify for Federal programs. Thus, SBA million), and net worth limits ($5 is not adopting FTEs as a measure of on subcontracting and remain million). size standards. technically a small business. Regardless Incorporation of net worth into SBA’s SBA’s Response of the amount of work a company table of size standards is not practicable. First, Congress directs SBA to subcontracts to others, it is still part of It is not a value that lends itself to establish size standards for its annual revenue, because the comparing businesses in a particular manufacturing concerns using number company is responsible for the entire industry. A company’s net worth can be of employees and service concerns contract. In other words, under a affected by a number of things, such as using average annual receipts. 15 U.S.C. receipts based size standard, the debt, repurchased corporate stock, etc. 632(a)(2)(C). Further, for industries company cannot deduct subcontracting Furthermore, data on net worth is not where subcontracting or ‘‘pass costs from the average annual receipts available by industry. Other criteria throughs’’ are common, an employee calculation. Under the employee based proposed by the commenter would, SBA based size standard may encourage size standard, companies would not believes, be too nebulous, temporary, businesses to excessively outsource count their subcontractors’ employees to and subjective and therefore not useful Federal work to other businesses in calculate their total number of when establishing size standards that order to remain within the size employees. A company that usually must remain static and in place standard. Under the receipts based subcontracts a lot of its work to others for a number of years. Establishing small standard, businesses are not allowed to will have a considerably fewer business eligibility based on the deduct the value of any work employees than one that performs most combination of multiple criteria (such outsourced. of its work in-house. as revenue limit, net worth limit, and SBA also does not accept the Regarding the comment that receipts employee count), as suggested by the suggestion to establish size standards in are not an appropriate measure of size commenter, would create unnecessary terms of gross profits. For a vast for construction businesses because they complexity to and confusion with size majority of industries, SBA uses either are too sensitive to increases in material standards. average annual receipts or number of costs and fluctuations in market employees as a measure of business size conditions, SBA adjusts all monetary Comments on Data Sources and Issues for size standards purposes. If a size based size standards at least every five SBA received a number of comments standard were established in terms of years and more frequently if necessary. on various data sources it uses to gross profits, a company with hundreds Similarly, to minimize the impacts of evaluate industry and Federal of millions of revenues and thousands fluctuations in market conditions, SBA procurement factors in developing or of employees can qualify as small under calculates the receipts for size standards reviewing size standards, in particular a profits-based size standard. It is not purposes as the average annual receipts the Economic Census and Federal unusual for very lager companies to over the preceding three completed Procurement Data System—Next have little or negative profit over the fiscal years. Generation (FPDS–NG). Specifically,
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commenters contended that the doing some work in an industry may not Comments on Small Business Size Economic Census data that SBA uses in be included in that industry if that is Definitions and Related Issues size standards analysis did not not their primary work. SBA is aware of A number of commenters to the adequately reflect the conditions in this and other problems with the proposed rules for various NAICS their industries and recommended using Economic Census data. For industries sectors asserted that SBA’s small alternative data sources. However, with where such problems are significant, business size standards did not a few exceptions, commenters did not SBA also evaluates the System for represent ‘‘truly small’’ businesses. provide alternative data or sources. Award Management (SAM) and FPDS– Many stated that SBA’s size standards When alternative data or their sources NG data to evaluate industry included up to 99 percent of all were provided, such data was either not characteristics. While SBA is attentive businesses as small. One commenter complete or not representative of the to a substantial lag that exists between added that SBA’s small business overall industry. A few commenters the times when Economic Census data definitions are much larger than those pointed out that the Economic Census is collected and when the data becomes used by other countries (such as data were outdated and did not reflect available, the Economic Census is still Australia and European Union) and by current industry structure. Some the latest and most comprehensive data the U.S Congress, for example, for the commented that the Economic Census source available out there for evaluating Affordable Health Care Act. includes revenues from non-Federal all industries in a consistent manner. work, international work, and work in SBA does not agree that industry’s SBA’s Response revenues reported in the Economic non-primary industry in revenues for SBA acknowledges that in some Census are distorted for size standards primary industry, thereby distorting industries its size standards could analysis because they include non- average firm size and estimated size include up to 97–99 percent of all firms federal, non-primary and overseas standards. as small. However, while that might One commenter stated that the FPDS– activities. First, revenues that U.S. appear to be a large segment of an NG data does not provide a complete companies generate in foreign countries industry in terms of the percentage of picture of small business participation are not, by design, included in the firms, for a majority of industries small in the Federal marketplace. Specifically, Economic Census. Second, including the commenter pointed out that there revenues from non-federal or non- businesses only account for less than 50 exist no data on work that large prime primary activities in an industry’s percent of total industry receipts and contractors subcontracted to small revenues is consistent with how SBA less than 25 percent of total Federal businesses, on work subcontracted to calculates revenues for size standards contract dollars. It is not uncommon for large firms by small prime contractors, purposes. In other words, when a small number of large firms to have a and on the size of firms performing calculating a company’s total revenues high percentage of industry receipts and Federal work within small and large for size standards purposes, revenues employees and to obtain the bulk of business categories. Citing these that the company has received from all Federal contacts. These are important problems, the commenter stated that sources (including Federal, state, and considerations when establishing or there is no way of knowing exactly how private work, and work related to non- reviewing small business size standards. successful and competitive small primary industries) must be counted. Additionally, while SBA’s size businesses are in the Federal market See 13 CFR 121.104. standards include more than 90 percent under the current size standards. SBA is aware that the FPDS–NG data of firms for most industries, the Agency Additionally, the commenter contented does not contain information on ensures that no business concern that that due to the lack information on the subcontracting. The Electronic qualifies as ‘‘small’’ is dominant in its exact sizes of businesses receiving Subcontracting Reporting System (eSRS) industry. Federal contracts, it is difficult to collects data on subcontracting activity, Common dictionary definitions of estimate the impact of size standards but those data are not available by what is ‘‘small’’ are not relevant to why changes on small business participation NAICS industry. However, despite these and how SBA establishes small business in Federal market. and other issues as discussed in the size standards. SBA’s definition of a Revised Methodology, SBA believes that small business concern is more than a SBA’s Response FPDS–NG is still the best data source general meaning of the word ‘‘small’’ in The Economic Census is the most available for assessing the small a dictionary. In addition, numeric small comprehensive data source available to business participation in the Federal business size standards are just one evaluate industry characteristics. The marketplace. Prior to 2013 when FPDS– component of what constitutes a small Economic Census data provides a NG data did not include exact size of business concern under SBA’s complete and actual representation of the companies receiving contracts, SBA regulations. SBA’s size standards set an industry structure, because, by law, obtained size of contract recipients by thresholds on how large a business all firms are required to respond to the merging the FPDS–NG data with concern can be and still qualify as small Economic Census. For these reasons, employees and revenues information for various Federal government SBA will continue to use the Economic from SAM, formerly Central Contractor programs. If a firm (together with its Census as the principal source of Registration (CCR). By using this affiliates) meets both SBA’s definition of industry data for its size standards analysis in conjunction with the share a business concern (see 13 CFR 121.105) analyses and reviews. However, the of small businesses in the Federal and its numeric size thresholds Agency will give due considerations to market relative to their share in overall (§ 121.201), it is a small business alternative data provided by the industry total sales, SBA assessed the concern; if it does not meet both SBA’s industry participants, especially if such impacts of proposed size standards definition of a business concern and its data is representative of the entire changes on small business participation numeric size thresholds, it is considered industry in question. in the Federal market. Now, SBA ‘‘other than small.’’ The ‘‘dictionary’’ The Economic Census tabulations that estimates the impacts of size standards definitions of ‘‘small’’ usually speak in SBA receives from the U.S. Census changes by using small business goaling very general terms. However, under Bureau are based on primary industry at data, which includes the actual size of SBA’s size standards, a company that the establishment level. Establishments contract recipients. qualifies as ‘‘small’’ in one industry may
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not qualify as ‘‘small’’ in another industry factors (e.g., average size, as the Very Small Business Program and industry, because being small is relative industry concentration, and distribution the Emerging Small Business category to other business concerns in the same of firms by size) to identify the small under the CompDemo Program were not field of operation. business segment of an industry. The successful and were eventually repealed What constitutes a small business in Small Business Act (Act) provides that by Congress. other countries does not apply and has a business concern defined as small Establish separate size standards for no relevance to SBA’s small business cannot be dominant in its field of Federal contracting. Commenters stated that definitions and U.S. Government operation. SBA has implemented this Federal contracting imposes restrictions on programs that use them. Likewise, provision of the Act by ensuring that a business practices and operations not SBA’s small business size standards are size standard based on its industry included in the commercial market. They not relevant to programs of other analysis does not include a business argued that given the differences between countries. Depending on their economic concern that is dominant in its industry. commercial and government work, a separate and political realities, other countries For this, SBA generally evaluates the set of size standards are warranted for have their own programs and priorities market share of a firm that qualifies as Federal procurement. that can be very different from those in small under a proposed or revised size SBA’s response: SBA does not adopt the U.S. Accordingly, small business standard and distribution of firms by this recommendation. Federal definitions other countries use for their size. If the results show the largest or procurement is already one of the government programs can be vastly potentially dominant firms qualifying as primary factors SBA considers when different from those established by SBA small under the proposed or revised size developing or reviewing size standards. for U.S. Government programs. From standard, SBA lowers the size standard. However, giving an excessive weight to time to time, the U.S. Congress has used The legislative history of the Act does Federal procurement may produce size different thresholds, sometimes below not imply that a firm that is not standards that are likely to be biased in the SBA’s thresholds, to define small dominant in its field can automatically favor of more successful Federal firms under certain laws or programs, be defined as small. Size standards contractors, which in turn would reduce but those thresholds apply only to those based on the average size of the largest contracting opportunities for smaller laws and programs and generally are of or dominant businesses in an industry and emerging businesses. For no relevance to SBA’s size standards. could result in a size standard that will procurement sensitive industries, SBA establishes size standards, in enable extremely large businesses to however, SBA may consider giving a accordance with the Small Business qualify as small, thereby hurting truly greater weight to the Federal contracting Act, for purposes of establishing small businesses that need the Federal factor and possibly evaluating eligibility for Federal small business assistance the most. additional data related to Federal procurement and financial assistance Develop multi-tiered employee size contracts. Additionally, in a number of programs. The primary statutory standards based on the size of a Federal industries, SBA has established separate definition of a small business is that the contract, such as a size standard of 50 size standards for Federal contracts of firm is not dominant in its field of employees for contracts valued at less than very specific types of goods and operation. Accordingly, rather than $5 million, of 51–150 employees for contracts services, which are usually known as representing the smallest size within an valued at $5 million to $50 million,...,, ‘‘exceptions’’ in the SBA’s table of size industry, SBA’s size standards generally and of 1,001–2,000 employees for contracts valued at $500 million or more. standards. designate the largest size that a business SBA is also concerned that if separate concern can be relative to other SBA’s response: While this approach size standards for Federal procurement businesses in the industry and still may offer Federal contracting are appreciably higher than the current qualify as small for Federal government opportunities for various small and mid- size standards, that may cause programs that provide benefits to small sized businesses, SBA does not adopt significant disadvantage to very small businesses. this recommendation for several businesses when they compete for reasons. First, SBA believes that such Comments on Mid-Sized Business Federal small business set-aside tiered size standards within each contracts. Concerns industry would add significant Several comments to the proposed complexity to size standards, which Calculate average annual receipts based on rule for NAICS Sector 54 recommended many believe are already too complex. five years. The commenter also recommended calculating average annual a number of alternatives to enable Second, in order for the tiered size receipts over the preceding five years, instead currently large but formerly small firms standards approach to work, Congress of three. The commenter alleged that this (which they called as ‘‘mid-sized’’ would need to establish new small would allow small businesses to plan and businesses) to obtain Federal contracts. business procurement goals for each tier increase capacity before entering full and Those alternatives and SBA’s responses to ensure that small businesses at open competition and provide longer are discussed below. different tiers have a fair access to transition time from small business status to Define as small businesses all those Federal contracts. Third, this would other than small business status. In addition, which are not dominant in their field of warrant much more burdensome system small businesses with large temporary operation, in accordance with the and reporting and requirements (e.g., increases in revenues for one or two years section 3(a)(1) of the Small Business SAM and FPDS–NG) than those that would not lose their small business status. Act. For example, consider the average currently exist and the small business SBA’s response: SBA does not adopt size of the largest or dominant Federal procurement programs would this comment. SBA believes that businesses in an industry and determine become significantly more complex to calculating average annual receipts over the size standard as a percentage of that administer. Fourth, the Small Business three years ameliorates fluctuations in average. Act authorizes SBA to establish one receipts due to variations in economic SBA’s response: SBA does not adopt definition of what is a small business conditions. SBA maintains that three this recommendation. As described in concern, not tiered definitions of what years should reasonably balance the its Methodology and all proposed rules, is ‘‘small,’’ ‘‘medium,’’ and so forth. problems of fluctuating receipts with in establishing or modifying size Fifth, past programs that applied the the overall capabilities of firms that are standards, SBA considers various tiered small business approaches, such about to exceed the size standard.
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Extending the averaging period to five forced to compete with significantly SBA’s Response years would allow a business to greatly larger businesses for Federal contracts The fixed size standard levels were exceed the size standard for some years under full and open competition. developed to simplify size standards. and still be eligible for Federal However, as stated elsewhere in this There were 31 different levels of assistance, perhaps at the expense of document, SBA is also equally receipts based size standards at the start other smaller businesses. Such a change concerned about setting size standards of the comprehensive size standards is more likely to benefit successful small too high, as doing so could put smaller review, which SBA believed were both business graduates by allowing them to businesses at a disadvantage in unnecessary and difficult to justify prolong their small business status, competing for Federal opportunities. analytically with the available industry thereby reducing opportunities for Second, such tiered size standards data. Thus, SBA adopted the fixed size currently defined small businesses. would add significant complexity to standards approach and sought Comments on Tiered Size Standards size standards, which many believe are comments on whether more or fewer already too complex. Third and most Several comments to the Sector 54 size standard levels are more importantly, the Small Business Act appropriate. proposed rule recommended that SBA requires SBA to establish one definition establish some form of tiered size In response to these comments and of what is a small business concern, not the amendment to the Small Business standards for Federal contracting, what is ‘‘very small,’’ ‘‘small,’’ including a ‘‘micro-business’’ category Act (section 3(a)(8)) under the National ‘‘medium-sized,’’ and so forth. Also, as Defense Authorization Act of Fiscal to help truly small businesses that are stated elsewhere, for tiered size way below the current size standards. Year 2013 (NDAA 2013) (Pub. L. 112– standards to work and benefit small 239, Section 1661, Jan. 2, 2013) Similarly, one commenter on the Sector businesses, Congress needs to enact 48–49 proposed rule stated that more requiring SBA to not limit the number small business contracting goals for of size standards, SBA has relaxed the than two-thirds of companies registered various tiers to ensure that small in SAM have fewer than 20 employees limitation on the number of small businesses at each tier have a fair share business size standards in the Revised and argued that those are the companies of Federal contracts. that need Federal support the most. The Methodology. Specifically, SBA is commenter suggested that, for goods Comments on Fixed Number of Size proposing to assign a separate size producing industries, businesses with Standards standard to each NAICS industry, with fewer than 20 employees should be a calculated receipts based size standard Commenters generally supported classified as ‘‘small business’’ and rounded to the nearest $500,000 and a SBA’s Methodology and its proposal to contracts valued at $150,000 or less calculated employee based size standard use a fixed number of size levels to should be set-aside only for those rounded to the nearest 50 employees for simplify size standards. There were a businesses. Similarly, according to the Manufacturing and industries in other few who opposed fixed size levels and commenter, businesses with 20–40 sectors (except Wholesale and Retail employees should be classified as believed, because of wide gaps between Trade) and to the nearest 25 employees ‘‘medium sized small business’’ and the two successive size levels, for Wholesale and Retail Trade. contracts between $150,000 and calculated size standards could be larger However, SBA has established the $500,000 should be reserved for those or smaller than they should otherwise minimum and maximum size standard businesses. For services industries, less be. levels as its policy decisions such that than $100,000 in sales should be labeled One commenter contended that the businesses that qualify as small have as ‘‘small business,’’ $300,000 as Methodology does not provide a adequate capabilities and resources to ‘‘medium sized small business’’ and convincing economic basis for be able to perform government contracts $500,000 or more as ‘‘large small restricting size standards to a small and do not outcompete smaller business,’’ the commenter suggested. A number of fixed levels or ‘‘bands’’. businesses in accessing Federal commenter to the proposed rule for Similarly, it does not provide a assistance. Letting the data and Sector 44–45 also suggested that SBA reasoned, evidence-driven basis for analytical formulae alone determine the designate a separate sub-group of truly instituting a 1,000-emplpyee cap that is maximum size standard, as the small businesses and give them special substantially below the 1,500-employee commenter recommended, would result preference when competing for smaller size standard currently used for 17 in a size standard for some industries government contracts. industries, the commenter added. The that would enable quite large commenter argued that the imposition businesses, possibly with billions of SBA’s Response of the 1,000-employee cap for employee revenues and thousands of employees, SBA does not adopt the commenters’ based size standards appears arbitrary. to qualify as small at the expense of suggestions to establish ‘‘micro- The Methodology would be more smaller businesses that need Federal business’’ or ‘‘tiered’’ size standards for transparent and better reflect the assistance the most. several reasons. First, SBA is concerned economic characteristics of the industry To be consistent with SBA’s policy of that very small or ‘‘micro’’ size if SBA let the data and analytical results not lowering any size standards in the standards, such as those suggested by determine the maximum size standard recent comprehensive size standards, the commenters, may not adequately for an industry, the commenter SBA retained the 500-employee capture the small business segment in suggested. The maximum size standard minimum and 1,500-employee an industry that small business should be a conclusion of the SBA’s maximum size standards for all programs are intended to help. The size review and analysis of the data instead industries in the Manufacturing Sector standards should be such that small of being imposed as a constraint in the and for most industries with employee businesses are able to grow and develop analysis and there is no reason to set an based size standards not in Sectors 31– to an economically viable size while artificial cap on size standards, the 33, 42, and 44–45, although in the remaining eligible for Federal commenter noted. Such a cap can only Methodology SBA had proposed setting assistance. If size standards were set too serve to restrict the SBA from providing the minimum size standard for those low, small businesses will quickly support to small businesses that it industries at 250 employees and the outgrow the size standards and be intended to help. maximum size standard at 1,000
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employees. Further, lowering a averaging procedure hurts companies in that size standards should be raised manufacturing size standard below 500 the $25.5 million to $35.5 million between 50–75 percent and employees would conflict with the 500- annual revenue range. The commenter recommended a complete review of employee size standard for non- believed that perhaps assigning different SBA’s loan data, small business manufacturers under the SBA’s weights to different factors would participation in Federal contracting, and nonmanufacturer’s rule. provide better results, but did not offer other relevant factors within 2–3 years any specific suggestions on those to determine if another increase is Comments on Anchor Size Standards weights. appropriate. Some commenters to the Sector 54 One commenter to the proposed rule proposed rule questioned the rationale SBA’s Response on Sector 44–45 (74 FR 53924 (October for using $7 million as an anchor for The purpose of evaluating various 21, 2009)) suggested that there should receipts based standards. Similarly, a industry characteristics is to describe be only one revenue based and only one few commenters to the proposed rules quantitatively the structure of an employee based size standard, for employee based size standards industry. Since no single characteristic regardless of NAICS industry. Another questioned 500 employees as an anchor or factor can adequately describe commenter on the proposed rule on for employees based size standards. One industry structure, SBA evaluates Sector 21 (77 FR 72766 (December 6, commenter to the proposed rule on several factors (such as average firm 2012)) suggested that all size standards employee based size standards for size, industry concentration, and should be capped at $7 million in industries not part of Sectors 31–33, 42 distribution of market shares by size) to average annual receipts. and 44–45 argued that SBA’s use of best obtain a full representation of Two commenters on the Sector 31–33 ‘‘anchor size standard’’ approach as a industry structure. In addition, in most proposed rule supported SBA’s basis for evaluating characteristics of cases, equating the size standard to the proposed five employee based size individual industries violated the average or median firm size can result standard levels for Manufacturing and statutory requirement on using common in an unacceptably low size standard successive differences of 250 employees size standards. that may not adequately capture the rather than 500 employees. However, small business segment of the industry one suggested that SBA should establish SBA’s Response that small business programs are an additional level of 250 employees as SBA provided a detailed justification intended to assist. Thus, for most the minimum size standard and set the for using the ‘‘anchor’’ size standard industries, size standards are generally maximum employee based standard at approach in its Methodology. In fact, higher than the simple average or 1,000 employees. A lower size standard SBA has been using the ‘‘anchor’’ median firm size so that small would protect emerging manufacturers approach since the 1980s when businesses have room to grow and that are not able to compete with reviewing and modifying size standards develop to an economically viable size established larger businesses, the without much concern from the public. while still remaining eligible for Federal commenter maintained. Both The use of the ‘‘anchor’’ served an assistance. If size standards were too commenters argued that the Agency important function by ensuring that the low, small businesses would quickly should lower size standards when the characteristics of all industries are outgrow the size standards and be analysis supports lowering them. One consistently evaluated relative to the forced to compete with significantly argued that not lowering size standards same baseline level. Additionally, when larger businesses for Federal contracts would encourage manufacturers not to the Methodology was prepared, the $7 on a full and open basis. SBA is also upgrade their facilities with advanced million anchor was the size standard for equally concerned about setting size manufacturing techniques and allow a majority of the industries that have standards too high, as doing so could larger manufacturers to compete with receipts based size standards and 500- put smaller businesses at a disadvantage true small manufacturers. While one employee anchor applied to most in competing for Federal opportunities. commenter suggested that SBA should industries that have employee based SBA disagrees that calculating an not adjust employee based size size standards. However, in response to industry’s overall size standard as the standards for labor productivity growth the above comments and its own average of size standards supported by and focus on protecting emerging evaluation of the Methodology, in the each factor results in loss of businesses instead, the other pointed Revised Methodology SBA is replacing information. In fact, this procedure out that the lack of data on labor the ‘‘anchor’’ approach with a preserves information provided by productivity would make adjusting size ‘‘percentile’’ approach to evaluating different factors, as opposed to basing standards based on labor productivity characteristics individual industries, as the size standard only on one or two difficult. One commenter supported explained elsewhere in this document. factors. Moreover, if the size standard weighing all factors equally, while the was based on the largest value Comments on Levels of Size Standards other suggested weighing some factors supported by any of the factors, it would more than others for certain industries. A few questioned the SBA’s put smaller companies at a competitive Some commenters believed that Methodology on the ground that disadvantage. If warranted, SBA’s SBA’s Methodology was too calculated size standards are generally Methodology allows assigning different complicated and difficult to understand. much higher than average firm size for weights to different factors. the industry. Some expressed concerns SBA’s Response regarding the use of simple average firm Other Comments SBA agrees that the proposed size, instead of median firm size, and One commenter agreed with the increases to size standards were quite averaging of size standards over Agency’s position that lowering size significant for some industries and the different factors. One commenter stated standards under current economic Agency had sought comments if the that the SBA’s Methodology of conditions is not in the best interests of increases to size standards should be averaging size standards supported by small business, but felt that increasing limited to certain amounts. Comments different factors to calculate an overall size standards by 180–300 percent at generally supported the Methodology, size standard may result in loss of one time was also not in the best industry and program data it evaluated information and contended that the interests of small business. He stated and its proposed increases to size
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standards. SBA believes that the SBA’s Methodology provides a vast by analyzing four primary factors— changes in industry structure since the array of information on its size average firm size (both simple and last comprehensive review of size standards analysis from a general weighted average), degree of standards nearly 30 years ago may have description of the analytical approach to competition within an industry (4-firm resulted in large increases to size rigorous mathematical expressions of concentration ratio), start-up costs and standards for some industries. The the calculation of industry factors. entry barriers (average assets as a Small Business Jobs Act of 2010 While some portions of the document proxy), and distribution of firms by size requires SBA to review all size are of somewhat technical nature, the (Gini coefficient). This approach to standards at least once every five years public should be able to understand the assessing industry characteristics that and make adjustments to reflect market general description of the various SBA has applied historically remains conditions. Prior to the next review, factors and data sources SBA uses when very much intact in the Revised SBA will assess the impact of size reviewing size standards. Methodology. As the fifth primary factor, SBA assesses the ability of small standards revisions adopted in the Changes in the Revised Methodology current review. businesses to compete for Federal Using only one receipts based The Revised Methodology, available contracting opportunities under the standard and only one employee for review and comment on the SBA’s current size standards. For this, SBA standard would conflict with the website at https://www.sba.gov/size- examines the small business share of statutory requirement that ‘‘the [SBA] standards-methodology as well as at total Federal contract dollars relative to https://www.regulations.gov, describes Administrator shall ensure that the size the small business share of total in details how SBA establishes, standard varies from industry to industry’s receipts for each industry. evaluates and adjusts its small business industry to the extent necessary to SBA also considers other secondary size standards pursuant to the Small reflect the differing characteristics of the factors as they relate to specific Business Act (Act) and related various industries and consider other industries and interests of small legislative guidelines. Specifically, the factors deemed to be relevant by the businesses, including technological document provides a brief review of the Administrator.’’ (15 U.S.C. 632(a)(3).) change, competition among industries, legal authority and early legislative and The relevant data show significant industry growth trends, and impacts of regulatory history of small business size differences among industries and SBA the size standards on SBA programs. standards, followed by a detailed believes that varying the size standard While the factors SBA uses to description of the size standards examine industry structure remain by industry not only complies with the analysis. intact, its approach to assessing the Act, but it also serves the best interests Section 3(a) of the Small Business differences among industries and of small businesses in that sector. Act; 15 U.S.C. 632(a) (Pub. L. 85–536, 67 translating the results to specific size Some of the issues the commenters Stat. 232, as amended), provides the standards has changed in the Revised raised regarding the minimum and SBA’s Administrator (Administrator) Methodology. Specifically, in response maximum employee based size with authority to establish small to the public comments against the standards are addressed in the Revised business size standards for Federal ‘‘anchor’’ size standards approach Methodology. For example, SBA will government programs. The applied in the latest review of size continue to cap the maximum employee Administrator has discretion to standards (discussed above), recent size standards for Manufacturing and determine precisely how the amendment to the Act limiting the use industries in other sectors (except Administrator should establish small of common size standards (see section Wholesale and Retail Trade) at 1,500 business size standards. The Act and its 3(a)(7)) of the Act) under the National employees, but will set the minimum legislative history highlight three Defense Authorization Act of Fiscal employee size standard at 250 important considerations for Year 2013 (NDAA 2013) (Public Law employees instead of 500. Additionally, establishing size standards. First, size 112–239, Section 1661, Jan. 2, 2013), the difference between the two standards should vary from industry to and SBA’s own review of the successive employee size standards for industry according to differences among Methodology, in the Revised those industries will be reduced to 50 industries. 15 U.S.C. 632(a)(3). Second, Methodology, SBA replaces the employees. Employee size standards for a firm that qualifies as small shall not ‘‘anchor’’ approach with a ‘‘percentile’’ Wholesale and Retail Trade will vary be dominant in its field of operation. 15 approach as an analytical framework for from 50 employees to 250 employees U.S.C. 632(a)(1). Third, pursuant to 15 assessing industry differences and with an interval of 25 employees. With U.S.C. 631(a), the policies of the Agency deriving a size standard supported by respect to SBA’s policy of not lowering should assist small businesses as a each factor for each industry. size standards, SBA provided a detailed means of encouraging and strengthening Under the ‘‘anchor’’ approach, SBA explanation in each rulemaking with their competitiveness in the economy. generally compared the characteristics respect to why lowering size standards These three considerations continue to of each industry with the average was not in the best interest of small form the basis for the SBA’s characteristics of a group of industries businesses during the times of weak methodology for establishing, associated with the ‘‘anchor’’ size economic conditions that prevailed reviewing, or revising small business standard. For the recent review of size when SBA was reviewing size standards size standards. standards, the $7 million was the Specifically, SBA was concerned that ‘‘anchor’’ for receipts based size lowering size standards (including the Industry Analysis standards and 500 employees was the minimum and maximum levels) would SBA examines the structural ‘‘anchor’’ for employee based size have caused numerous small businesses characteristics of an industry as a basis standards (except for Wholesale Trade to lose their eligibility for Federal to assess industry differences and the and Retail Trade). If the characteristics programs when they needed Federal overall degree of competitiveness of an of a specific industry under review were assistance the most and run counter to industry and of firms within the similar to the average characteristics of various legislative and Administration’s industry. As described more fully in the industries in the anchor group, SBA measures that were implemented to Revised Methodology document, SBA generally adopted the anchor as the help small businesses and the economy. generally evaluates industry structure appropriate size standard for that
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industry. If the specific industry’s industries with receipts based size detailed illustration of the statistical characteristics were significantly higher standards and 22 percent of those with analyses involved in this approach. or lower than those for the anchor employee based size standards have the Number of Size Standards group, SBA assigned a size standard that anchor size standards. Additionally, was higher or lower than the anchor. To section 3(a)(7)) of the Act limits the To simplify size standards, in its determine a size standard above or SBA’s ability to create common size Methodology used in the recent review, below the anchor size standard, SBA standards by grouping industries below SBA applied a limited number of fixed evaluated the characteristics of a second the 4-digit NAICS level. The ‘‘anchor’’ size standards: eight revenue based size comparison group. For industries with approach would entail grouping standards and eight employee based size receipts based size standards, the industries from different NAICS sectors, standards. In response to comments second comparison group consisted of thereby making it inconsistent with the against the fixed size standards industries with size standards between statute. approach (as discussed above) and $23 million and $35.5 million, with the section 3(a)(8) of the Act requiring SBA Under the ‘‘percentile’’ approach, in weighted average size standard for the to not limit the number of size the Revised Methodology, SBA will group equaling $29 million. For standards, in the Revised Methodology, rank each industry within a group of manufacturing industries and other SBA has relaxed the limitation on the industries with employee based size industries with the same measure of size number of small business size standards (except for Wholesale Trade standards using each of the four standards. Specifically, SBA will and Retail Trade), the second industry factors. As stated earlier, these calculate a separate size standard for comparison group included industries four industry factors are average firm each NAICS industry, with a calculated with a size standard of 1,000 employees size, average assets size as proxy for receipts-based size standard rounded to or 1,500 employees, with the weighted startup costs and entry barriers, industry the nearest $500,000 and a calculated average size standard of 1,323 competition (4-firm concentration ratio), employee-based size standard rounded employees. Using the anchor size and distribution of firms by size (Gini to the nearest 50 employees for standard and average size standard for coefficient). As detailed in the Revised Manufacturing and industries in other the second comparison group, SBA Methodology, the size standard for an sectors (except Wholesale Trade and computed a size standard for an industry for a specific factor will be Retail Trade) and to the nearest 25 industry’s characteristic (factor) based derived based on where the factor of employees for Wholesale Trade and on the industry’s position for that factor that industry falls relative to other Retail Trade. relative to the average values of the industries sharing the same measure of However, as a policy decision, SBA same factor for industries in the anchor size standards. If an industry ranks high will continue to maintain the minimum and second comparison groups. for a specific factor relative to most and maximum size standard levels. In the past, including the recent other industries, all else remaining the Accordingly, SBA will not generally review of size standards, the anchor size same, a size standard assigned to that propose or adopt a size standard that is standards applied to a large number of industry for that factor will be higher either below the minimum or above the industries, making them a good than those for most industries. maximum level, even though the reference point for evaluating size Conversely, if an industry ranks low for calculations might yield values below standards for individual industries. For a specific factor relative to most the minimum or above the maximum example, at the start of the recent review industries in the group, a lower size level. The minimum size standard of size standards, the $7 million (now standard will be assigned to that generally reflects the size a small $7.5 million due to the adjustment for industry. Specifically, for each industry business should be to have adequate inflation in 2014) anchor standard was factor, an industry is ranked and capabilities and resources to be able to the size standard for more than 70 compared with the 20th percentile and compete for and perform Federal percent of industries that had receipts 80th percentile values of that factor contracts. On the other hand, the based size standards. Similarly, a among the industries sharing the same maximum size standard represents the similar proportion of industries with measure of size standards (i.e., receipts level above which businesses, if employee based size standards had the or employees). Combining that result qualified as small, would cause 500-employee anchor standard. with the 20th percentile and 80th significant competitive disadvantage to However, when the characteristics of percentile values of size standards smaller businesses when accessing those industries were evaluated among the industries with the same Federal assistance. SBA’s proposed individually, for a large majority of measure of size standards, SBA minimum and maximum size standards them the results yielded a size standard computes a size standard supported by are shown in Table 1, ‘‘Minimum and different from the applicable anchor. each industry factor for each industry. Maximum Receipts and Employee Consequently, now just 24 percent The Revised Methodology provides Based Size Standards,’’ below.
TABLE 1—MINIMUM AND MAXIMUM RECEIPTS AND EMPLOYEE BASED SIZE STANDARDS
Type of size standards Minimum Maximum
Receipts-based size standards (excluding agricultural industries in Subsectors 111 and 112) ...... $5 million ...... $40 million. Receipts-based size standards for agricultural industries in Subsectors 111 and 112 ...... $1 million ...... $5 million. Employee-based standards for Manufacturing and other industries (except Wholesale and Retail 250 employees ..... 1,500 employees. Trade). Employee-based size standards in Wholesale and Retail Trade ...... 50 employees ...... 250 employees.
With respect to receipts based size and $40 million, respectively, as the levels (except for most agricultural standards, SBA is proposing $5 million minimum and maximum size standard industries in Subsectors 111 and 112).
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These levels reflect the current latest three fiscal years. However, the the Revised Methodology, SBA minimum receipts-based size standard latest FPDS–NG data suggests that the evaluates the Federal contracting factor of $5.5 million and the current $100 million threshold used in the for industries (except those in maximum of $38.5 million, rounded for previous methodology is too high, Wholesale Trade and Retail Trade) simplicity. Section 1831 of NDAA 2017 rendering the Federal contracting factor averaging $20 million or more in amended the Act directing SBA to irrelevant for about 73 percent of Federal contract dollars annually. establish and review size standards for industries (excluding wholesale trade Because NAICS codes in Wholesale agricultural enterprises in the same and retail trade industries that are not Trade and Retail Trade do not apply to manner it establishes and reviews size used for Federal contracting purposes), Federal procurement, SBA does not standards for all other industries. including those for which the Federal consider the Federal contracting factor However, the evaluation of the industry contracting factor is significant (i.e., the for evaluating size standards industries data from the 2012 Census of small business share of industry’s total in those sectors. Agriculture seems to suggest that $5 receipts exceeding the small business million minimum and $40 million share of industry’s total contract dollars Evaluation of Industry Competition maximum size standards would be too by 10 percentage points or more). Thus, high for agricultural industries in SBA determined that the threshold For the reasons provided in the Subsectors 111 and 112. Accordingly, should be lowered. In this revised Revised Methodology, SBA continues to SBA proposes $1 million as the methodology, SBA generally evaluates use the 4-firm concentration ratio as a minimum size standard for industries in the Federal contracting factor for measure of industry competition. In the Subsector 111 (Crop Production) and industries with $20 million or more in past, SBA did not consider the 4-firm Subsector 112 (Animal Production and Federal contract dollars annually for the concentration ratio as an important Aquaculture). A vast majority of latest three fiscal years. Under the $20 factor in size standards analysis when agricultural industries in those million threshold, excluding wholesale its value was below 40 percent. If an subsectors currently have a $750,000 trade and retail trade industries, nearly industry’s 4-firm concentration ratio receipts-based size standard, which was 50 percent of all industries would be was 40 percent or higher, SBA used the established by Congress in 2000 (Pub. L. evaluated for the Federal contracting average size of the four largest firms as 106–554, 114 Stat. 2763, Dec. 21, 2000). factor as compared to about 27 percent a primary factor in determining a size Considering inflation since then, that is under the $100 million level. standard for that industry. In response equivalent to a little over $1 million For each industry averaging $20 to the comment as well as based on its today. Based on the evaluation of the million or more in Federal contract own evaluation of industry factors, in industry data, SBA is proposing $5 dollars annually, SBA compares the the Revised Methodology, SBA is million as the maximum size standard small business share of total Federal proposing to apply all values of the 4- for agricultural industries in those two contract dollars to the share of total firm concentration ratios directly in the subsectors. Regarding employee based industrywide receipts attributed to analysis, as opposed to using the 40 size standards, SBA’s proposed small businesses. In general, if the share percent rule. Based on the 2012 minimum and maximum levels for of Federal contract dollars awarded to Economic Census data, the 40 percent manufacturing and other industries small businesses in an industry is rule applies only to about one-third of (excluding Wholesale and Retail Trade) significantly smaller than the small industries for which 4-firm ratios are reflect the current minimum and business share of total industry’s available. For the same reason, SBA is maximum size standards among those receipts, keeping everything else the also dropping the average firm size of industries. For employee based size same, a justification would exist for the four largest firms. Moreover, the standards for wholesale and retail trade considering a size standard higher than four-firm average size is found to be industries, the proposed minimum and the current size standard. In cases where highly correlated with the weighted maximum values are the same as what small business share of the Federal average firm size, which is used as a SBA proposed in its 2009 Methodology. market is already appreciably high measure of average firm size. relative to the small business share of Evaluation of Federal Contracting the overall market, it would generally Summary of and Reasons for Changes Factor support the current size standards. For some relevant industries, SBA In the Methodology used in the recent Table 2, ‘‘Summary of and Reasons for considers Federal contracting as one of review of size standards, SBA evaluated Changes,’’ below, summarizes what has the primary factors when establishing, the Federal contracting factor only for changed from the current methodology reviewing, or revising size standards. To those industries that averaged $100 to the revised one and impetus for such choose which industries in which to million or more in Federal contracts changes, specifically whether the consider the Federal contracting factor, annually. The latest FPDS–NG data changes reflect the statutory under the previous methodology, SBA suggests that the $100 million threshold requirements, public comments on the evaluated Federal contracting factor for is too high, rendering the Federal current methodology, or analytical industries with $100 million or more in contracting factor irrelevant for about 73 improvements/refinements based on Federal contract dollars annually for the percent of industries. Accordingly, in SBA’s own review of the methodology.
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TABLE 2—SUMMARY OF AND REASONS FOR CHANGES
Process/factor Current Revised Reason
Industry analysis...... ‘‘Anchor’’ approach. Average ‘‘Percentile’’ approach. The • Section 3(a)(7)) of the Small Business Act limits characteristics of industries 20th percentile and 80th per- use of common size standards only to the 4-digit with so called ‘‘anchor’’ size centile values for industry NAICS level. standards formed the basis characteristics form the basis • The percentage of industries with ‘‘anchor’’ size for evaluating individual in- for evaluating individual in- standards decreased from more than 70 percent dustries. dustries. at the start of the recent size standards review to less than 25 percent today. • Some public comments objected to the ‘‘anchor’’ approach as being outdated and not reflective of current industry structure. Number of size The calculated size standards Each NAICS industry is as- • Section 3(a)(8) of the Small Business Act man- standards. were rounded to one of the signed a specific size stand- dates SBA to not limit the number of size stand- predetermined fixed size ard, with a calculated re- ards and to assign an appropriate size standard standards levels. There were ceipts-based standard round- for each NAICS industry. eight fixed levels each for re- ed to the nearest $500,000 • Some public comments also raised concerns with ceipts-based and employee and a calculated employee- the fixed size standards approach. based standards. based standard rounded to 50 employees (to 25 employ- ees for Wholesale and Retail Trade). Federal contracting Evaluated the small business Each industry with $20 million • The $100 million threshold excludes about 73 per- factor. share of Federal contracts or more in Federal contracts cent of industries from the consideration of the vis-a`-vis the small business annually is evaluated for the Federal contracting factor. Lowering that threshold share of total receipts for Federal contracting factor. to $20 million increases the percentage of indus- each industry with $100 mil- tries that will be evaluated for the Federal con- lion or more in Federal con- tracting factor to almost 50 percent. tracts annually. • Evaluating more industries for the Federal con- tracting factor also improves the analysis of the in- dustry’s competitive environment pursuant to sec- tion 3(a)(6) of the Small Business Act. Industry competition Was considered as significant Considers all values of the 4- • Some commenters opposed using the 40 percent factor if the 4-firm concentra- firm concentration ratio and threshold and recommended using all values of tion ratio was 40 percent or calculates the size standard the 4-firm concentration ratio. more and 4-firm average based directly on the 4-firm • The 4-firm average is highly correlated with the formed the basis for the size ratio. Industries with a higher weighted average. standard calculation for that (lower) 4-firm concentration factor. ratio will be assigned a high- er (lower) standard.
Impacts of Changes in the Methodology standards, the anchor group consisted of higher size standard group comprised To determine how the above changes industries with the $7.5 million size industries with size standard of 1,000 in the methodology would affect size standard, and the higher size standard employees or above, with the weighted standards across various industries and group included industries with the size average size standard of 1,182 sectors, SBA estimated new size standard of $25 million or higher, with employees. These and 20th percentile standards using both the ‘‘anchor’’ the weighted average size standard of and 80th percentile values for receipts- approach and the ‘‘percentile’’ approach $33.2 million for the group. Similarly, based and employee-based size for each industry (except those in for employee-based size standards the standards are shown, below, in Table 3, Sectors 42 and 44–45, and Subsectors anchor group comprised industries with ‘‘Reference Size Standards under 111 and 112). For receipts-based size the 500-employee size standard, and Anchor and Percentile Approaches.’’
TABLE 3—REFERENCE SIZE STANDARDS UNDER ANCHOR AND PERCENTILE APPROACHES
Anchor approach Percentile approach Anchor level Higher level 20th percentile 80th percentile
Receipts standard ($ million) ...... $7.5 $33.2 $7.5 $32.5 Employee standard (no. of employees) ...... 500 1,182 500 1,250
Under the anchor approach, we and 80th percentile values were anchor values are comparable with the derived the average value of each computed for each industry factor. 20th percentile values and higher level industry factor for industries in the These results are presented, below, in values are comparable with the 80th anchor groups as well as those in the Table 4, ‘‘Industry Factors under percentile values. higher size standard groups. In the Anchor and Percentile Approaches.’’ As percentile approach, the 20th percentile shown in the table, generally, the
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TABLE 4—INDUSTRY FACTORS UNDER ANCHOR AND PERCENTILE APPROACHES
Anchor approach Percentile approach Anchor level Higher level 20th percentile 80th percentile
Industry factors for receipts-based size standards, excluding Subsectors 111 and 112
Simple average receipts size ($ million) ...... 0.78 7.09 0.83 7.65 Weighted average receipts size ($ million) ...... 18.07 724.84 19.42 834.75 Average assets size ($ million) ...... 0.35 4.73 0.34 5.17 4-firm concentration ratio (%) ...... 10.4 34.5 7.9 42.4 Gini coefficient ...... 0.679 0.830 0.686 0.835
Industry factors for employee-based size standards, excluding Sectors 42 and 44–45
Simple average firm size (no. of employees) ...... 33.4 98.2 29.6 122.7 Weighted average firm size (no. of employees) ...... 232.2 1,362.6 251.3 1,581.6 Average assets size ($ million) ...... 4.82 23.29 3.92 40.62 4-firm concentration ratio (%) ...... 24.8 50.3 24.8 61.7 Gini coefficient ...... 0.770 0.842 0.760 0.853
Under the anchor approach, using the The results were generally similar applying different assumptions, data anchor size standard and average size between the two approaches in terms of sources, and objectives. Over the years, standard for the higher size standard changes to the existing size standards, SBA has refined its methodology within group, SBA computed a size standard with size standards increasing for some a consistent conceptual framework for an industry’s characteristic (factor) industries and decreasing for others based on the analysis of industry and based on that industry’s position for that under both approaches. Most impacted relevant program data. Several factor relative to the average values of sector was NAICS Sector 23 alternative methodologies have been the same factor for industries in the (Construction), with a majority of suggested to SBA. In critiquing these, anchor and higher size standard groups. industries experiencing decreases to the SBA has continued to believe that its Similarly, for the percentile approach, current size standard affecting about 1 historical methodology is sound and combining the factor value for an percent of all firms in that sector under adequate because it has resulted in size industry with the 20th percentile and both approaches. Other negatively standards that have been widely 80th percentile values of size standards impacted sectors under both approaches accepted by the public and found to be and industry factors among the were Sector 31–33 (Manufacturing), effective in providing Federal assistance industries with the same measure of size Sector 48–49 (Transportation and to small businesses. Below is a brief standards, SBA computed a size Warehousing), and Sector 51 description and evaluation of four standard supported by each industry (Information), affecting, respectively, 0.1 alternative methodologies suggested to factor for each industry. Under the both percent, 0.6 percent, and less than 0.1 SBA. percent of total firms in those sectors, approaches, a calculated receipts-based Financial Performance Analysis with slightly higher impacts under the size standard was rounded to the Industry and financial analysts assess nearest $500,000 and a calculated percentile approach. All other sectors would see moderate positive impacts the economic viability of businesses employee-based size standard was using various financial performance rounded to the nearest 50 employees. under both approaches, impacting 0.1– 0.2 percent of all firms in most of those indicators, such as return to capital With respect to the Federal sectors. Overall, the changes to size (assets), gross margins, net worth, etc. contracting factor, for each industry standards as the result of the changes in Several private organizations and averaging $20 million or more in the methodology, if adopted, would government agencies aggregate financial Federal contracts annually, SBA have a minimal impact on number data at the firm level to derive the considered under both approaches the businesses that qualify as small under corresponding data at the industry level. difference between the small business the existing size standards. Excluding Pursuant to the Small Business Act share of total industry receipts and that NAICS Sectors 42 and 44–45 and aimed at assisting businesses that are of Federal contract dollars under the Subsectors 111 and 112, 97.74 percent competitively disadvantaged, financial current size standards. Specifically, of businesses would qualify as small performance indicators may provide an under the Revised Methodology, the under the new calculated size standards alternative basis for developing small existing size standards would increase using the ‘‘anchor’’ approach vs. 97.69 business size standards.1 by certain percentages when the small percent qualifying under the This approach may provide a basis for business share of total industry receipts ‘‘percentile’’ approach in the Revised identifying businesses, which, due to exceeds the small business share of total Methodology. Under the current size their size, may be underperforming Federal contract dollars by 10 standards, 97.73 percent of businesses relative to established industry norms. percentage points or more. Those are classified as small. This, in turn, would form a basis for percentage increases, detailed in the establishing size standard levels that Alternative Size Standards can target businesses that are in need of Revised Methodology, to existing size Methodologies Considered standards generally reflect receipts and Federal assistance. employee levels needed to bring the The Revised Methodology presents 1 small business share of Federal the current size standards methodology See Jim Blum (1991) for evaluation of financial performance analysis as an alternative tool for contracts at par with the small business employed by SBA. Certainly other establishing size standards. Jim was a MBA intern share of industry receipts. methodologies may be developed by under Gary Jackson, Director of Size Standards.
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The major disadvantage of the if the gap is negative, the level of revenues generated from the goods and financial performance analysis approach associated size standard can be services produced. Total revenues is, however, the lack of robust and increased. Through repeated (iterative) needed to support the general and consistent data across industries for adjustments of size standards this way administrative workforce for a several reasons. First, financial data are would result in higher degrees of competitive business can be calculated not available for all industries at the 6- attainment of various objectives and based on average overhead rates, general digit NAICS level, especially the produce uniform levels of size standards and administrative compensation, fess, distribution of businesses by size. for similar groups of industries. direct labor costs, materials, and There are several serious flaws with Second, data at the industry level or by subcontractor costs for a relevant this approach. First, the size standard size class may be based only on a industry. limited sample of businesses. Third, becomes a function of a size of business financial data are also likely to be supporting some predetermined levels This approach takes into riddled with measurement errors and of program objectives instead of consideration at what size a business accounting holes. These problems as identifying businesses that are, due to becomes competitive. It attempts to well as concerns related to how their size and other reasons, in a identify the size of business that has businesses are classified in an industry competitively disadvantaged position overcome the competitive disadvantages and the treatment of affiliates may limit and need Federal assistance. Second, associated with size. the applicability of available financial the approach generates fluctuating size The primary disadvantage of this standards based on past trends of small data to size standards analysis. More approach is its reliance on an importantly, there is not necessarily a business assistance as opposed to those assumption that there exists a level of robust correlation between financial based on current needs of small general and administrative workforce performance measures and size of a businesses. Third, this approach business. For example, during economic assumes that the decision to approve a for a business to be competitive. There downturns even very large businesses loan or award a contract is based are no data sources that objectively may perform very poorly in terms of primarily on the size of a business size provide that information. This approach financial indicators, thereby potentially rather than its credit worthiness or also suffers from several methodological qualifying them as small businesses capabilities to execute Federal contracts. flaws, the most significant of which is under size standards based on financial Fourth, the necessary data to evaluate inferring specific business level measures. the size standards are not available on experience to the industry level. The Given above problems with financial a timely basis. For example, detailed type of data necessary to perform the data and possibilities of very large industry data are available only once calculation may be biased towards large businesses of being qualified as small every five years. Similarly, verified businesses that are more likely to report based on financial indicators, SBA has Federal contacting data usually have such data. least one year time lag. Finally, this determined that a financial performance SBA does not use this approach approach would require establishing analysis alone is not applicable to because of the degree of arbitrariness of size standards on a program-by-program developing small business size the underlying assumption. Moreover, standards. However, SBA will explore if basis, thereby making size standards this approach is likely to result in a certain financial indicators can be more complex and confusing to users. much higher level of size standard, incorporated into the existing size For the above reasons, SBA does not standards methodology as additional apply this approach for establishing size while an industry comprises a large factors. standards. The Agency feels that a size number of competitive businesses below standards methodology must focus on that level. Size Standards Based on Program identifying businesses that are in need Size Standards Based on Qualitative Objectives of assistance as opposed to what level Characteristics Federal contracting and some SBA of assistance is provided under a financial programs have established particular program. SBA considers the While most size standards specific objectives (targets) in providing small business participation in Federal methodologies tend to define a small assistance to small businesses. Some contracting and SBA financial programs business in quantitative terms (e.g., the industrial economists suggest that as one of the five factors in its current number of employees, annual receipts, methodology. The frequent adjustment varying size standards may serve as a amount of assets, etc.), some business of size standards under this approach tool in ensuring that small businesses analysts and industry economists have would create a high level of uncertainty are receiving the targeted level of also attempted to define a small Federal assistance.2 among small businesses and overwhelm business in qualitative terms. Under this The advantage of this approach is that the regulatory process. This approach SBA and other Federal agencies can would be more appropriate as a program approach, certain characteristics are identify and estimate gaps between their evaluation tool rather than a size used to differentiate businesses that are predetermined objectives and current standards methodology. small from those that are not small. levels of attainment for an individual Some of the most commonly cited Size Standards Based on General and characteristics in the literature include industry or a group of industries. Based Administrative Workforce on these gaps and the expected impacts the management and ownership of changes in current levels of size A size standard for an industry may structure of the business, control and standards on program objectives, also be developed by examining the decision making process, and sources of revised levels of size standards can be level of general and administrative financing. Specifically, small businesses established. If an industry’s gap in workforce needed for a business to be tend to share the following attainment of an objective is positive, its competitive and calculating the amount characteristics: They are independently size standard can be reduced. Similarly, of revenues at that level of workforce. owned and operated; they are closely General and administrative workers do controlled by owners/managers who 2 CONSAD. Proposed Options for Settings not directly contribute to revenues of a also contribute most of the operating Business Size Standards. business and must be supported by
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capital; and principal decision making meet Federal government contracting standards apply to their contracts as functions rest with owners/managers.3 requirements. well? The same questions could be This approach resolves the inherent • Should size standards vary from asked about them, which would affect a arbitrariness associated a strict program to program? In other words, prime contractor’s ability to bid. Would numerical definition. It also focuses on should SBA establish one set of this encourage firms to relocate based the notion of what factors distinguish a standards for SBA loan programs, upon perceived favorable size business as small relative to a another for Federal procurement, or yet standards? That would defeat the competitively viable business operation. another for other Federal programs? purpose behind geographic distinctions. The most obvious disadvantage of this SBA had, in the 1980s, established The undue complexity and resulting approach rests with the ability of SBA different size standards for different confusion would render geographic size to verify the small business status. An programs. The result had been that some standards unusable, for all practical on-site review of the business would firms were small for some programs and purposes. have to be conducted to determine small large for others. Such size standards • Should there be a single basis for business status. Also, businesses would were very confusing to users and caused size standards—i.e., should SBA apply not have definitive criteria to quickly unnecessary and unwanted complexity the number of employees, receipts, or assess their small business status. The in their application. The statutory some other basis to establish its size difficulty of obtaining a consensus on guidance encourages an industry-by- standards for all industries? SBA what characteristics to examine and industry analysis and not a program-by- considered having a single basis for its their interpretation would render the program analysis when developing size standards in the past. In 2004, SBA implementation of a qualitative small small business size definitions. While proposed to establish all size standards business size standard more contentious the characteristics and needs of a based on number of employees. This than a numerical approach. particular SBA program may necessitate proposal received mixed comments The requirement to establish a the deviation from the uniform size from the public SBA withdrew the definitive and easily verifiable small standards, the Agency will continue its proposal. Commenters viewed either business size standard precludes this general policy of favoring one set of size that either receipts was a more suitable approach as an alternative size standards for all programs. However, measure of size for many industries or standards methodology for SBA. SBA has established 13 special size that the proposed employment levels standards for some activities within were too low. Request for Comments certain industries for Federal • Should there be a ceiling beyond In addition to comments on the government purposes. Similarly, for which a business concern cannot be various policy issues, SBA welcomes industries in Wholesale Trade and considered as small? In other words, comments from the public on a number Retail Trade, SBA has established should there be a maximum size of other issues concerning its size industry specific size standards for standard? SBA has not increased its standards methodology. Specifically, SBA’s loan and Federal employee based standards beyond the SBA invites feedback and suggestions nonprocurement programs and a 1,500-employee level. However, receipts on the following: common 500-employee size standard for based size standards have gradually • Should SBA establish size Federal procurement under the increased over time and the highest standards that are higher than industry’s nonmanufacturer rule. Additionally, for standard stands at $38.5 million today. entry-level business size? SBA generally SBA’s SBIC, 7(a), and CDC/504 This is a policy decision that the sets size standards higher than the Programs businesses can qualify either Agency should make—is there a size entry-level business size to enable small based on industry specific size beyond which a business is not small? • businesses to compete against others of standards for their primary industries or Should there be a fixed number of their size and (often) considerably larger based a tangible net worth and net size standard ranges or ‘‘bands’’ as SBA businesses for Federal contracts set income based alternative size standard. applied for the recently completed • aside for small businesses. It is Should size standards apply comprehensive size standards review? important that small businesses be able nationally or should they vary This was one of the issues to which SBA to apply for and be eligible for SBA’s geographically? The data SBA obtains sought comments in the recent review various business development programs from the Economic Census are national and generally received favorable that have additional requirements, such data. While the Economic Census does comments from the public. However, as a minimum number of years in publish a Geographic Series of the data, NDAA 2013 amended the statute business to qualify for its 8(a) Business application of those data to evaluating requiring SBA not to limit the number Development Program. This precludes and establishing size standards would of size standards and assign the setting size standards at too low a level be cumbersome and time consuming at appropriate size standard to each NAICS or at the entry-level size. Additionally, best, resulting in a very complex set of industry. Similarly, should SBA establishing size standards at the size standards that would likely be establish a common size standard for industry entry-level firm size would unusable. For example, in Federal related industries even though the data cause small businesses to outgrow their contracting, how would a contracting may support different size standards for eligibility very quickly, thereby lacking officer set the size standard on a individual industries? • Should SBA consider adjusting sufficient cushion or experience to contracting opportunity? Would it employee based size standards for labor succeed outside of the small business depend on the contracting officer’s productivity growth or increased market and leading to their demise. location? On the location of the automation? Just as firms in industries Finally, size standards must be above Agency’s headquarters? On the place of with receipts based standards may lose the entry-level size to ensure small delivery of the product or service? What small business eligibility due to businesses have necessary resources and about multiple delivery locations? On inflation, firms in industries with capabilities to be able to perform and the location of the prospective contractor? On the location of the employee based standards may gain 3 See Holmes and Gibson (2001) for a detailed prospective contractor’s headquarters? eligibility due to improvement in labor analysis of various quantitative and qualitative What if that were not in the U.S.? What productivity. While the original $1 definitions of small business. about subcontractors, since size million receipts based size standard has
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now increased to $7.5 million due to • Whether there are gaps in SBA’s 11.43 and 11.45, by any of the following adjustments for inflation, the 500- methodology because of the lack of methods: employee manufacturing size standard comprehensive industry and Federal • Federal eRulemaking Portal: Go to set at the inception of SBA has market data. http://www.regulations.gov. Follow the remained the same. • Alternative or other factors or data instructions for submitting comments. • Should SBA consider lowering its sources SBA should consider when • Fax: 202–493–2251. size standards? SBA receives periodic establishing, reviewing, or modifying • Mail: U.S. Department of comments from the public that its size standards. Transportation, Docket Operations, standards are too high in certain SBA encourages the public to review M–30, West Building Ground Floor, industries or for certain types of Federal and comment on the Revised Room W12–140, 1200 New Jersey contracting opportunities. The Methodology, which is available at Avenue SE, Washington, DC 20590. comments generally concern the https://www.sba.gov/size-standards- • Hand Delivery: Deliver to Mail competitive edge that large small methodology as well as at https:// address above between 9 a.m. and 5 businesses have over the ‘‘truly small www.regulations.gov. SBA will p.m., Monday through Friday, except businesses’’ (a phrase heard frequently thoroughly evaluate and consider all Federal holidays. from commentators). This has always comments and suggestions when For service information identified in been a challenging issue, one that SBA finalizing the Revising Methodology, this NPRM, contact Airbus SAS, has had to deal with over the years. which the Agency will apply in the Airworthiness Office—EAW, 1 Rond SBA’s size standards appear large to the forthcoming, second five-five year Point Maurice Bellonte, 31707 Blagnac smallest of small businesses while larger review of size standards as required by Cedex, France; telephone +33 5 61 93 36 small businesses often request even the Jobs Act. 96; fax +33 5 61 93 44 51; email higher size standards. In the recently Dated: April 13, 2018. [email protected]; completed comprehensive size Linda E. McMahon, internet http://www.airbus.com. You standards review, in view of weak may view this service information at the Administrator. economic conditions and various FAA, Transport Standards Branch, 2200 measures Federal Government [FR Doc. 2018–08418 Filed 4–26–18; 8:45 am] South 216th St., Des Moines, WA. For implemented to stimulate employment BILLING CODE 8025–01–P information on the availability of this and economic growth, SBA decided to material at the FAA, call 206–231–3195. not lower size standards even if the data Examining the AD Docket supported lowering them. This issue is DEPARTMENT OF TRANSPORTATION partly tied to Federal procurement You may examine the AD docket on trends of contracts getting larger over Federal Aviation Administration the internet at http:// time, and they are often out of the reach www.regulations.gov by searching for of the ‘‘truly small businesses.’’ 14 CFR Part 39 and locating Docket No. FAA–2018– • Should SBA size standards be [Docket No. FAA–2018–0301; Product 0301; or in person at the Docket specific, i.e., to the precise dollar Identifier 2017–NM–112–AD] Management Facility between 9 a.m. and 5 p.m., Monday through Friday, calculated based on the data and RIN 2120–AA64 information it evaluates? Or should SBA except Federal holidays. The AD docket recognize that there are other factors Airworthiness Directives; Airbus contains this NPRM, the regulatory that go into establishing size standards, Airplanes evaluation, any comments received, and such as the fact that the data SBA other information. The street address for evaluates is not static, industries change AGENCY: Federal Aviation the Docket Operations office (telephone over the years, and even within a given Administration (FAA), DOT. 800–647–5527) is in the ADDRESSES year. ACTION: Notice of proposed rulemaking section. Comments will be available in • Should SBA round off its calculated (NPRM). the AD docket shortly after receipt. size standards for the various FOR FURTHER INFORMATION CONTACT: Dan industries? If so, should SBA always SUMMARY: We propose to adopt a new Rodina, Aerospace Engineer, round up? To what level? If not, what airworthiness directive (AD) for all International Section, Transport about those industries that do not get Airbus Model A300 series airplanes, Standards Branch, FAA, 2200 South increases in size standards when others Model A300 B4–600, B4–600R, and F4– 216th St., Des Moines, WA 98198; are? What should be the cut-off point for 600R series airplanes, and Model A300 telephone and fax 206–231–3225. C4–605R Variant F airplanes rounding either one way or the other? SUPPLEMENTARY INFORMATION: • SBA’s new percentile approach to (collectively called Model A300–600 evaluating industry characteristics, series airplanes), and Model A310 series Comments Invited which will replace the ‘‘anchor’’ size airplanes. This proposed AD was We invite you to send any written standards approach the Agency used in prompted by a report of yellow relevant data, views, or arguments about the past. hydraulic system failure, including both this proposal. Send your comments to • Alternative methodologies for braking accumulators, due to failure of an address listed under the ADDRESSES determining small business size the parking brake operated valve section. Include ‘‘Docket No. FAA– standards. (PBOV). This proposed AD would 2018–0301; Product Identifier 2017– • How SBA’s size standards impact require replacement of a certain PBOV NM–112–AD’’ at the beginning of your competition in general and within a with a different PBOV. We are comments. We specifically invite specific industry? proposing this AD to address the unsafe comments on the overall regulatory, • Alternative or additional factors condition on these products. economic, environmental, and energy that SBA should consider. DATES: We must receive comments on aspects of this NPRM. We will consider • Whether SBA’s approach to small this proposed AD by June 11, 2018. all comments received by the closing business size standards makes sense in ADDRESSES: You may send comments, date and may amend this NPRM based the current economic environment. using the procedures found in 14 CFR on those comments.
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We will post all comments we the parking brake was selected and full July 4, 2017; and Service Bulletin A310– receive, without change, to http:// braking pedals were applied, but with no 32–2151, dated July 4, 2017. This www.regulations.gov, including any effect since normal braking was inhibited service information describes personal information you provide. We after Parking Brake was set to ON. procedures for replacing the PBOV. Investigation results identified that this will also post a report summarizing each occurrence was due to failure of the parking These documents are distinct since they substantive verbal contact we receive brake operated valve (PBOV), Part Number apply to different airplane models. This about this NPRM. (P/N) A25315–1. service information is reasonably available because the interested parties Discussion This condition [parking brake failure], if not corrected, could lead to further incidents, have access to it through their normal The European Aviation Safety Agency possibly resulting in damage to the aeroplane course of business or by the means (EASA), which is the Technical Agent and injury to persons on the ground. identified in the ADDRESSES section. for the Member States of the European Prompted by this event, Airbus issued Union, has issued EASA Airworthiness Service Bulletin (SB) A300–32–0467, SB FAA’s Determination and Requirements Directive 2017–0153, dated August 17, A310–32–2151, SB A300–32–6117 and SB of This Proposed AD 2017 (referred to after this as the A300–32–9023, as applicable, to provide instructions for in-service installation of the This product has been approved by Mandatory Continuing Airworthiness PBOV P/N A25315020–2 introduced by the aviation authority of another Information, or ‘‘the MCAI’’), to correct Airbus Modification 13201 for A300/A310/ country, and is approved for operation an unsafe condition for all Airbus A300–600 and Airbus Modification 19601 for in the United States. Pursuant to our Model A300 series airplanes, Model A300–600ST. bilateral agreement with the State of A300 B4–600, B4–600R, and F4–600R For the reason described above, this Design Authority, we have been notified series airplanes, and Model A300 C4– [EASA] AD requires replacement of the of the unsafe condition described in the 605R Variant F airplanes (collectively PBOV P/N A25315–1 by PBOV P/N MCAI and service information A25315020–2. called Model A300–600 series referenced above. We are proposing this airplanes), and Model A310 series You may examine the MCAI in the AD because we evaluated all pertinent airplanes. The MCAI states: AD docket on the internet at http:// information and determined an unsafe An occurrence was reported where yellow www.regulations.gov by searching for condition exists and is likely to exist or hydraulic system, including both braking and locating Docket No. FAA–2018– develop on other products of these same accumulators, was lost. This was confirmed 0301. type designs. by ECAM [electronic centralized aircraft monitor] warnings and single chimes during Related Service Information Under 1 Costs of Compliance taxiing. Normal braking on green hydraulic CFR Part 51 circuit was used until aeroplane stopped at We estimate that this proposed AD parking position. A few seconds later, the Airbus has issued Service Bulletin affects 147 airplanes of U.S. registry. We aeroplane slowly accelerated, until colliding A300–32–0467, dated July 4, 2017; estimate the following costs to comply with a wall and a bus. The crew reported that Service Bulletin A300–32–6117, dated with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
PBOV replacement ...... 6 work-hours × $85 per hour = $510 ...... $4,764 $5,274 $775,278
Authority for This Rulemaking This proposed AD is issued in For the reasons discussed above, I accordance with authority delegated by certify this proposed regulation: Title 49 of the United States Code the Executive Director, Aircraft 1. Is not a ‘‘significant regulatory specifies the FAA’s authority to issue Certification Service, as authorized by action’’ under Executive Order 12866; rules on aviation safety. Subtitle I, FAA Order 8000.51C. In accordance 2. Is not a ‘‘significant rule’’ under the section 106, describes the authority of with that order, issuance of ADs is DOT Regulatory Policies and Procedures the FAA Administrator. ‘‘Subtitle VII: normally a function of the Compliance (44 FR 11034, February 26, 1979); Aviation Programs,’’ describes in more and Airworthiness Division, but during 3. Will not affect intrastate aviation in detail the scope of the Agency’s this transition period, the Executive Alaska; and authority. Director has delegated the authority to 4. Will not have a significant We are issuing this rulemaking under issue ADs applicable to transport economic impact, positive or negative, the authority described in ‘‘Subtitle VII, category airplanes to the Director of the on a substantial number of small entities Part A, Subpart III, Section 44701: System Oversight Division. under the criteria of the Regulatory General requirements.’’ Under that Regulatory Findings Flexibility Act. section, Congress charges the FAA with promoting safe flight of civil aircraft in We determined that this proposed AD List of Subjects in 14 CFR Part 39 air commerce by prescribing regulations would not have federalism implications Air transportation, Aircraft, Aviation for practices, methods, and procedures under Executive Order 13132. This safety, Incorporation by reference, the Administrator finds necessary for proposed AD would not have a Safety. safety in air commerce. This regulation substantial direct effect on the States, on The Proposed Amendment is within the scope of that authority the relationship between the national because it addresses an unsafe condition Government and the States, or on the Accordingly, under the authority that is likely to exist or develop on distribution of power and delegated to me by the Administrator, products identified in this rulemaking responsibilities among the various the FAA proposes to amend 14 CFR part action. levels of government. 39 as follows:
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PART 39—AIRWORTHINESS install any PBOV having P/N A25315–1 on Bellonte, 31707 Blagnac Cedex, France; DIRECTIVES that airplane. telephone +33 5 61 93 36 96; fax +33 5 61 (2) For an airplane that, as of the effective 93 44 51; email account.airworth-eas@ ■ 1. The authority citation for part 39 date of this AD, has a PBOV having P/N airbus.com; internet http://www.airbus.com. continues to read as follows: A25315020–2 installed: As of the effective You may view this referenced service date of this AD do not install any PBOV information at the FAA, Transport Standards Authority: 49 U.S.C. 106(g), 40113, 44701. having P/N A25315–1 on that airplane. Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of § 39.13 [Amended] (i) Other FAA AD Provisions this material at the FAA, call 206–231–3195. ■ 2. The FAA amends § 39.13 by adding The following provisions also apply to this AD: Issued in Des Moines, Washington, on the following new airworthiness April 11, 2018. directive (AD): (1) Alternative Methods of Compliance (AMOCs): The Manager, International Dionne Palermo, Airbus: Docket No. FAA–2018–0301; Product Section, Transport Standards Branch, FAA, Acting Director, System Oversight Division, Identifier 2017–NM–112–AD. has the authority to approve AMOCs for this Aircraft Certification Service. (a) Comments Due Date AD, if requested using the procedures found [FR Doc. 2018–08653 Filed 4–26–18; 8:45 am] in 14 CFR 39.19. In accordance with 14 CFR BILLING CODE 4910–13–P We must receive comments by June 11, 39.19, send your request to your principal 2018. inspector or local Flight Standards District (b) Affected ADs Office, as appropriate. If sending information directly to the International Section, send it DEPARTMENT OF TRANSPORTATION None. to the attention of the person identified in Federal Aviation Administration (c) Applicability paragraph (j)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOC- This AD applies to the Airbus airplanes 14 CFR Part 39 identified in paragraphs (c)(1) through (c)(6) [email protected]. Before using any approved AMOC, notify your appropriate of this AD, certificated in any category, all [Docket No. FAA–2018–0300; Product principal inspector, or lacking a principal manufacturer serial numbers. Identifier 2017–NM–134–AD] (1) Model A300 B2–1A, B2–1C, B2K–3C, inspector, the manager of the local flight B2–203, B4–2C, B4–103, and B4–203 standards district office/certificate holding RIN 2120–AA64 airplanes. district office. (2) Model A300 B4–601, B4–603, B4–620, (2) Contacting the Manufacturer: For any Airworthiness Directives; Airbus and B4–622 airplanes. requirement in this AD to obtain corrective Airplanes (3) Model A300 B4–605R and B4–622R actions from a manufacturer, the action must airplanes. be accomplished using a method approved AGENCY: Federal Aviation (4) Model A300 F4–605R and F4–622R by the Manager, International Section, Administration (FAA), DOT. airplanes. Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or ACTION: Notice of proposed rulemaking (5) Model A300 C4–605R Variant F (NPRM). airplanes. Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, (6) Model A310–203, –204, –221, –222, SUMMARY: We propose to adopt a new –304, –322, –324, and –325 airplanes. the approval must include the DOA- authorized signature. airworthiness directive (AD) for certain (d) Subject (3) Required for Compliance (RC): If any Airbus Model A318, A319, and A320 Air Transport Association (ATA) of service information contains procedures or series airplanes; and Model A321–111, America Code 32, Landing gear. tests that are identified as RC, those –112, –131, –211, –212, –213, –231, procedures and tests must be done to comply –232, –251N, –253N, and –271N (e) Reason with this AD; any procedures or tests that are airplanes. This proposed AD was This AD was prompted by a report of not identified as RC are recommended. Those prompted by a revision of an yellow hydraulic system failure, including procedures and tests that are not identified as RC may be deviated from using accepted airworthiness limitations document that both braking accumulators, due to failure of specifies more restrictive maintenance the parking brake operated valve (PBOV). We methods in accordance with the operator’s are issuing this AD to prevent failure of the maintenance or inspection program without requirements and airworthiness PBOV, which could result in no braking obtaining approval of an AMOC, provided limitations. This proposed AD would capability during ground operations, possibly the procedures and tests identified as RC can require revising the maintenance or leading to damage to the airplane and injury be done and the airplane can be put back in inspection program, as applicable, to to people on the ground. an airworthy condition. Any substitutions or incorporate revised fuel airworthiness changes to procedures or tests identified as (f) Compliance limitations. We are proposing this AD to RC require approval of an AMOC. address the unsafe condition on these Comply with this AD within the (j) Related Information products. compliance times specified, unless already done. (1) Refer to Mandatory Continuing DATES: We must receive comments on Airworthiness Information (MCAI) EASA this proposed AD by June 11, 2018. (g) PBOV Replacement Airworthiness Directive 2017–0153, dated ADDRESSES: Within 60 months after the effective date August 17, 2017, for related information. You may send comments, of this AD, replace the PBOV having part This MCAI may be found in the AD docket using the procedures found in 14 CFR number (P/N) A25315–1 with a PBOV having on the internet at http://www.regulations.gov 11.43 and 11.45, by any of the following P/N A25315020–2, in accordance with the by searching for and locating Docket No. methods: Accomplishment Instructions of Airbus FAA–2018–0301. • Federal eRulemaking Portal: Go to Service Bulletin A300–32–0467, dated July 4, (2) For more information about this AD, http://www.regulations.gov. Follow the 2017; Airbus Service Bulletin A300–32–6117, contact Dan Rodina, Aerospace Engineer, instructions for submitting comments. dated July 4, 2017; or Airbus Service Bulletin International Section, Transport Standards • Fax: 202–493–2251. Branch, FAA, 2200 South 216th St., Des A310–32–2151, dated July 4, 2017; as • Mail: U.S. Department of applicable. Moines, WA 98198; telephone and fax 206– 231–3225. Transportation, Docket Operations, (h) Parts Prohibition (3) For service information identified in M–30, West Building Ground Floor, (1) After modification of an airplane as this AD, contact Airbus SAS, Airworthiness Room W12–140, 1200 New Jersey required by paragraph (g) of this AD, do not Office—EAW, 1 Rond Point Maurice Avenue SE, Washington, DC 20590.
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• Hand Delivery: Deliver to Mail for the Member States of the European or inspection program to incorporate the address above between 9 a.m. and 5 Union, has issued EASA Airworthiness new maintenance requirements and p.m., Monday through Friday, except Directive 2017–0169, dated September airworthiness limitations. Federal holidays. 7, 2017 (referred to after this as the Accomplishment of the proposed For service information identified in Mandatory Continuing Airworthiness actions would then terminate all this NPRM, contact Airbus, Information, or ‘‘the MCAI’’), to correct requirements of AD 2016–20–12. Airworthiness Office—EIAS, 1 Rond an unsafe condition for all Airbus Point Maurice Bellonte, 31707 Blagnac Related Service Information Under 1 Model A318, A319, and A320 series CFR Part 51 Cedex, France; telephone +33 5 61 93 36 airplanes; and Model A321–111, –112, 96; fax +33 5 61 93 44 51; email –131, –211, –212, –213, –231, –232, Airbus has issued Airbus A318/A319/ [email protected]; –251N, –253N, and –271N airplanes. A320/A321 Airworthiness Limitations internet http://www.airbus.com. You The MCAI states: Section (ALS) Part 5 Fuel Airworthiness may view this service information at the Limitations (FAL), Revision 04, dated The Fuel Airworthiness Limitations (FAL) April 6, 2017. This service information FAA, Transport Standards Branch, 2200 for Airbus A320 family aeroplanes, which are South 216th Street, Des Moines, WA. approved by EASA, are currently defined and describes fuel system airworthiness For information on the availability of published in the Airbus A318/A319/A320/ limitations. This service information is this material at the FAA, call 206–231– A321 Airworthiness Limitations Section reasonably available because the 3195. (ALS) Part 5 document. These instructions interested parties have access to it have been identified as mandatory for through their normal course of business Examining the AD Docket continued airworthiness. or by the means identified in the You may examine the AD docket on Failure to accomplish these instructions ADDRESSES section. the internet at http:// could result in a fuel tank explosion and www.regulations.gov by searching for consequent loss of the aeroplane. FAA’s Determination and Requirements * * * the Federal Aviation Administration of This Proposed AD and locating Docket No. FAA–2018– (FAA) published Special Federal Aviation 0300; or in person at the Docket Regulation (SFAR) 88, and the Joint Aviation This product has been approved by Management Facility between 9 a.m. Authorities (JAA) published interim Policy the aviation authority of another and 5 p.m., Monday through Friday, INT/POL/25/12. In response to these country, and is approved for operation except Federal holidays. The AD docket regulations, Airbus conducted a design in the United States. Pursuant to our contains this NPRM, the regulatory review to develop FAL for Airbus A320 bilateral agreement with the State of evaluation, any comments received, and family aeroplanes. Design Authority, we have been notified other information. The street address for The FAL were specified in Airbus A318/ of the unsafe condition described in the A319/A320/A321 FAL document ref. the Docket Operations office (telephone 95A.1931/05 at issue 04 for A318/A319/ MCAI and service information 800–647–5527) is in the ADDRESSES A320/A321 aeroplanes. This document was referenced above. We are proposing this section. Comments will be available in approved by EASA and is now referenced in AD because we evaluated all pertinent the AD docket shortly after receipt. Airbus A318/A319/A320/A321 ALS Part 5 to information and determined an unsafe FOR FURTHER INFORMATION CONTACT: comply with EASA policy statement (EASA condition exists and is likely to exist or Sanjay Ralhan, Aerospace Engineer, D2005/CPRO). develop on other products of the same International Section, Transport Previously, EASA issued AD 2014–0260 type designs. [which corresponds to FAA AD 2016–20–12, Standards Branch, FAA, 2200 South This AD requires revisions to certain Amendment 39–18678 (81 FR 72507, October operator maintenance documents to 216th Street, Des Moines, WA 98198; 20, 2016) (‘‘AD 2016–20–12’’)] to require telephone and fax 206–231–3223. accomplishment of all FAL-related actions as include new actions (e.g., inspections) SUPPLEMENTARY INFORMATION: described in ALS Part 5 at Revision 01. ALS and Critical Design Configuration Part 5 Revision 02 and 03 were not mandated Control Limitations (CDCCLs). Comments Invited because no significant changes were Compliance with these actions and We invite you to send any written introduced with these Revisions. The new CDCCLs is required by 14 CFR relevant data, views, or arguments about ALS Part 5 Revision 04 (hereafter referred to 91.403(c). For airplanes that have been this proposal. Send your comments to as ‘the ALS’ in this [EASA] AD) includes new previously modified, altered, or repaired and/or more restrictive requirements and in the areas addressed by this proposed an address listed under the ADDRESSES extends the applicability to model A320– section. Include ‘‘Docket No. FAA– 251N, A320–271N, A321–251N, A321–253N AD, the operator may not be able to 2018–0300; Product Identifier 2017– and A321–271N aeroplanes. accomplish the actions described in the NM–134–AD’’ at the beginning of your For the reasons described above, this revisions. In this situation, to comply comments. We specifically invite [EASA] AD retains the requirements of EASA with 14 CFR 91.403(c), the operator comments on the overall regulatory, AD 2014–0260, which is superseded, and must request approval for an alternative economic, environmental, and energy requires implementation of the actions method of compliance according to aspects of this NPRM. We will consider specified in the ALS. paragraph (j)(1) of this proposed AD. all comments received by the closing You may examine the MCAI in the The request should include a date and may amend this NPRM based AD docket on the internet at http:// description of changes to the required on those comments. www.regulations.gov by searching for inspections that will ensure the We will post all comments we and locating Docket No. FAA–2018– continued operational safety of the receive, without change, to http:// 0300. airplane. www.regulations.gov, including any Relationship of This Proposed AD to Differences Between This Proposed AD personal information you provide. We AD 2016–20–12 and the MCAI or Service Information will also post a report summarizing each substantive verbal contact we receive This NPRM would not supersede AD The MCAI specifies that if there are about this NPRM. 2016–20–12. Rather, we have findings from the ALS inspection tasks, determined that a stand-alone AD corrective actions must be accomplished Discussion would be more appropriate to address in accordance with Airbus maintenance The European Aviation Safety Agency the changes in the MCAI. This NPRM documentation. However, this proposed (EASA), which is the Technical Agent would require revising the maintenance AD does not include that requirement.
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Operators of U.S.-registered airplanes newly delivered airplanes containing a is within the scope of that authority are required by general airworthiness later revision than that specified in an because it addresses an unsafe condition and operational regulations to perform AD, we plan to limit the applicability of that is likely to exist or develop on maintenance using methods that are ADs that mandate ALS revisions to products identified in this rulemaking acceptable to the FAA. We consider those airplanes that are subject to an action. those methods to be adequate to address earlier revision of the ALS, either as part This proposed AD is issued in any corrective actions necessitated by of the type design or as mandated by an accordance with authority delegated by the findings of ALS inspections required earlier AD. the Executive Director, Aircraft by this proposed AD. This proposed AD therefore would Certification Service, as authorized by apply to Airbus Model A318, A319, and FAA Order 8000.51C. In accordance Airworthiness Limitations Based on A320 series airplanes; and Model A321– Type Design with that order, issuance of ADs is 111, –112, –131, –211, –212, –213, –231, normally a function of the Compliance The FAA recently became aware of an –232, –251N, –253N, and –271N and Airworthiness Division, but during issue related to the applicability of ADs airplanes with an original certificate of this transition period, the Executive that require incorporation of an ALS airworthiness or original export Director has delegated the authority to revision into an operator’s maintenance certificate of airworthiness that was issue ADs applicable to transport or inspection program. issued on or before the date of approval category airplanes to the Director of the Typically, when these types of ADs of the ALS revision identified in this System Oversight Division. are issued by civil aviation authorities proposed AD. Operators of airplanes of other countries, they apply to all with an original certificate of Regulatory Findings airplanes covered under an identified airworthiness or original export We determined that this proposed AD type certificate (TC). The corresponding certificate of airworthiness issued after would not have federalism implications FAA AD typically retains applicability that date must comply with the under Executive Order 13132. This to all of those airplanes. airworthiness limitations specified as proposed AD would not have a In addition, U.S. operators must part of the approved type design and substantial direct effect on the States, on operate their airplanes in an airworthy referenced on the type certificate data the relationship between the national condition, in accordance with 14 CFR sheet. Government and the States, or on the 91.7(a). Included in this obligation is the distribution of power and Costs of Compliance requirement to perform any responsibilities among the various maintenance or inspections specified in We estimate that this proposed AD levels of government. the ALS, and in accordance with the affects 1,250 airplanes of U.S. registry. For the reasons discussed above, I ALS as specified in 14 CFR 43.16 and We estimate the following costs to certify this proposed regulation: 91.403(c), unless an alternative has been comply with this proposed AD: 1. Is not a ‘‘significant regulatory approved by the FAA. We have determined that revising the action’’ under Executive Order 12866; When a type certificate is issued for maintenance or inspection program 2. Is not a ‘‘significant rule’’ under the a type design, the specific ALS, takes an average of 90 work-hours per DOT Regulatory Policies and Procedures including revisions, is a part of that type operator, although we recognize that (44 FR 11034, February 26, 1979); design, as specified in 14 CFR 21.31(c). this number may vary from operator to 3. Will not affect intrastate aviation in The sum effect of these operational operator. In the past, we have estimated Alaska; and and maintenance requirements is an that this action takes 1 work-hour per 4. Will not have a significant obligation to comply with the ALS airplane. Since operators incorporate economic impact, positive or negative, defined in the type design referenced in maintenance or inspection program on a substantial number of small entities the manufacturer’s conformity changes for their affected fleet(s), we under the criteria of the Regulatory statement. This obligation may have determined that a per-operator Flexibility Act. introduce a conflict with an AD that estimate is more accurate than a per- requires a specific ALS revision if new airplane estimate. Therefore, we List of Subjects in 14 CFR Part 39 airplanes are delivered with a later estimate the total cost per operator to be Air transportation, Aircraft, Aviation revision as part of their type design. $7,650 (90 work-hours × $85 per work- safety, Incorporation by reference, To address this conflict, the FAA has hour). Safety. approved alternative methods of compliance (AMOCs) that allow Authority for This Rulemaking The Proposed Amendment operators to incorporate the most recent Title 49 of the United States Code Accordingly, under the authority ALS revision into their maintenance/ specifies the FAA’s authority to issue delegated to me by the Administrator, inspection programs, in lieu of the ALS rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part revision required by the AD. This section 106, describes the authority of 39 as follows: eliminates the conflict and enables the the FAA Administrator. ‘‘Subtitle VII: operator to comply with both the AD Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS and the type design. detail the scope of the Agency’s DIRECTIVES However, compliance with AMOCs is authority. normally optional, and we recently We are issuing this rulemaking under ■ 1. The authority citation for part 39 became aware that some operators the authority described in ‘‘Subtitle VII, continues to read as follows: choose to retain the AD-mandated ALS Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. revision in their fleet-wide General requirements.’’ Under that maintenance/inspection programs, section, Congress charges the FAA with § 39.13 [Amended] including those for new airplanes promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding delivered with later ALS revisions, to air commerce by prescribing regulations the following new airworthiness help standardize the maintenance of the for practices, methods, and procedures directive (AD): fleet. To ensure that operators comply the Administrator finds necessary for Airbus: Docket No. FAA–2018–0300; Product with the applicable ALS revision for safety in air commerce. This regulation Identifier 2017–NM–134–AD.
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(a) Comments Due Date accordance with the procedures specified in DEPARTMENT OF TRANSPORTATION We must receive comments by June 11, paragraph (j)(1) of this AD. 2018. (i) Terminating Action for AD 2016–20–12 Federal Aviation Administration (b) Affected ADs Accomplishing the actions required by this 14 CFR Part 39 This AD affects AD 2016–20–12, AD terminates all requirements of AD 2016– Amendment 39–18678 (81 FR 72507, October 20–12. [Docket No. FAA–2018–0303; Product 20, 2016) (‘‘AD 2016–20–12’’). (j) Other FAA AD Provisions Identifier 2018–NM–006–AD] (c) Applicability The following provisions also apply to this RIN 2120–AA64 This AD applies to the Airbus airplanes AD: identified in paragraphs (c)(1) through (c)(4) (1) Alternative Methods of Compliance Airworthiness Directives; Fokker of this AD, certificated in any category, with (AMOCs): The Manager, International Services B.V. Airplanes an original certificate of airworthiness or Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AGENCY original export certificate of airworthiness : Federal Aviation AD, if requested using the procedures found issued on or before April 6, 2017. Administration (FAA), DOT. in 14 CFR 39.19. In accordance with 14 CFR (1) Model A318–111, –112, –121, and –122 ACTION: 39.19, send your request to your principal Notice of proposed rulemaking airplanes. inspector or local Flight Standards District (NPRM). (2) Model A319–111, –112, –113, –114, Office, as appropriate. If sending information –115, –131, –132, and –133 airplanes. directly to the International Section, send it SUMMARY: We propose to adopt a new (3) Model A320–211, –212, –214, –216, to the attention of the person identified in airworthiness directive (AD) for certain –231, –232, –233, –251N, and –271N paragraph (k)(2) of this AD. Information may Fokker Services B.V. Model F28 Mark airplanes. be emailed to: 9-ANM-116-AMOC- 0070 and 0100 airplanes. This proposed (4) Model A321–111, –112, –131, –211, [email protected]. Before using any AD was prompted by a report that the –212, –213, –231, –232, –251N, –253N, and approved AMOC, notify your appropriate –271N airplanes. retraction actuator eye-end of a principal inspector, or lacking a principal Goodrich main landing gear (MLG) (d) Subject inspector, the manager of the local flight standards district office/certificate holding failed. This proposed AD would require Air Transport Association (ATA) of district office. a one-time general visual inspection of America Code 05, Time Limits/Maintenance (2) Contacting the Manufacturer: For any the left-hand (LH) and right-hand (RH) Checks. requirement in this AD to obtain corrective MLG retraction actuators and (e) Reason actions from a manufacturer, the action must replacement if necessary. We are be accomplished using a method approved This AD was prompted by a revision of an proposing this AD to address the unsafe by the Manager, International Section, airworthiness limitations document that condition on these products. Transport Standards Branch, FAA; or the specifies more restrictive maintenance European Aviation Safety Agency (EASA); or DATES: We must receive comments on requirements and airworthiness limitations. Airbus’s EASA Design Organization this proposed AD by June 11, 2018. We are issuing this AD to prevent the Approval (DOA). If approved by the DOA, potential of ignition sources inside fuel ADDRESSES: You may send comments, the approval must include the DOA- tanks, which, in combination with flammable using the procedures found in 14 CFR authorized signature. fuel vapors, could result in a fuel tank 11.43 and 11.45, by any of the following explosion and consequent loss of the (k) Related Information methods: airplane. (1) Refer to Mandatory Continuing • Federal eRulemaking Portal: Go to (f) Compliance Airworthiness Information (MCAI) EASA http://www.regulations.gov. Follow the Airworthiness Directive 2017–0169, dated Comply with this AD within the instructions for submitting comments. September 7, 2017, for related information. • Fax: 202–493–2251. compliance times specified, unless already This MCAI may be found in the AD docket done. • Mail: U.S. Department of on the internet at http://www.regulations.gov Transportation, Docket Operations, by searching for and locating Docket No. (g) Revision of Maintenance or Inspection M–30, West Building Ground Floor, Program FAA–2018–0300. (2) For more information about this AD, Room W12–140, 1200 New Jersey Within 90 days after the effective date of contact Sanjay Ralhan, Aerospace Engineer, Avenue SE, Washington, DC 20590. this AD, revise the maintenance or inspection International Section, Transport Standards • Hand Delivery: Deliver to Mail program, as applicable, to incorporate Airbus Branch, FAA, 2200 South 216th Street, Des A318/A319/A320/A321 Airworthiness address above between 9 a.m. and 5 Moines, WA 98198; telephone and fax 206– Limitations Section (ALS) Part 5 Fuel p.m., Monday through Friday, except 231–3223. Airworthiness Limitations (FAL), Revision Federal holidays. (3) For service information identified in 04, dated April 6, 2017. The initial For service information identified in this AD, contact Airbus, Airworthiness compliance times for new or revised tasks are Office—EIAS, 1 Rond Point Maurice this NPRM, contact Fokker Services the minimum intervals or times specified in Bellonte, 31707 Blagnac Cedex, France; B.V., Technical Services Dept., P.O. Box Airbus A318/A319/A320/A321 telephone +33 5 61 93 36 96; fax +33 5 61 1357, 2130 EL Hoofddorp, the Airworthiness Limitations Section (ALS) Part 93 44 51; email account.airworth-eas@ Netherlands; telephone +31 (0)88–6280– 5 Fuel Airworthiness Limitations (FAL), airbus.com; internet http://www.airbus.com. Revision 04, dated April 6, 2017, or within 350; fax +31 (0)88–6280–111; email You may view this service information at the 30 days after the effective date of this AD, [email protected]; internet FAA, Transport Standards Branch, 2200 whichever occurs later. http://www.myfokkerfleet.com. South 216th Street, Des Moines, WA. For You may view this service (h) No Alternative Actions, Intervals, or information on the availability of this information at the FAA, Transport Critical Design Configuration Control material at the FAA, call 206–231–3195. Limitations (CDCCLs) Standards Branch, 2200 South 216th St., Issued in Des Moines, Washington, on Des Moines, WA. For information on the After the maintenance or inspection April 11, 2018. availability of this material at the FAA, program has been revised as required by Dionne Palermo, paragraph (g) of this AD, no alternative call 206–231–3195. Acting Director, System Oversight Division, actions (e.g., inspections), intervals, or Aircraft Certification Service. Examining the AD Docket CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an [FR Doc. 2018–08649 Filed 4–26–18; 8:45 am] You may examine the AD docket on alternative method of compliance (AMOC) in BILLING CODE 4910–13–P the internet at http://
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www.regulations.gov by searching for for the Member States of the European and locating Docket No. FAA–2018– and locating Docket No. FAA–2018– Union, has issued EASA AD 2018–0001, 0303. 0303; or in person at the Docket dated January 4, 2018 (referred to after Related Service Information Under 1 Management Facility between 9 a.m. this as the Mandatory Continuing CFR Part 51 and 5 p.m., Monday through Friday, Airworthiness Information, or ‘‘the except Federal holidays. The AD docket MCAI’’), to correct an unsafe condition Fokker Services B.V. has issued contains this NPRM, the regulatory for Fokker Services B.V. Model F28 Fokker Service Bulletin SBF100–32– evaluation, any comments received, and Mark 0070 and 0100 airplanes. The 168, dated May 22, 2017. This service other information. The street address for MCAI states: information describes procedures for a the Docket Operations office (telephone An occurrence was reported where, one-time general visual inspection for 800–647–5527) is in the ADDRESSES following take-off after gear up selection, the deficiencies of the Goodrich MLG section. Comments will be available in retraction actuator eye-end (P/N [part retraction actuators and replacement of the AD docket shortly after receipt. number] 41518–3) of a Goodrich MLG failed. the actuator if necessary (e.g., if the FOR FURTHER INFORMATION CONTACT: Tom After the LG UNSAFE indication, the flight retraction actuator greasing nipple is not crew successfully selected gear down and Rodriguez, Aerospace Engineer, located on the upper side MLG locked by applying the alternate extension retraction actuator eye-end or if International Section, Transport procedure, and an uneventful landing was Standards Branch, FAA, 2200 South made. Investigation results showed that the interference damage or evidence of 216th St., Des Moines, WA 98198; final overload fracture of the eye-end was removed damage is present on the eye- telephone and fax 206–231–3226. preceded by fatigue cracks, believed to have end of the MLG retraction actuator). SUPPLEMENTARY INFORMATION: been caused by interference between the This service information is reasonably MLG retraction actuator eye-end and the available because the interested parties Comments Invited actuator bracket. It was also highlighted that have access to it through their normal the affected eye-end had been installed course of business or by the means We invite you to send any written incorrectly, i.e. with the grease nipple relevant data, views, or arguments about located on the lower side, thus causing identified in the ADDRESSES section. this proposal. Send your comments to damage to the eye-end due to interference FAA’s Determination and Requirements an address listed under the ADDRESSES with the bracket. Further investigations of This Proposed AD section. Include ‘‘Docket No. FAA– revealed other occurrences of interference 2018–0303; Product Identifier 2018– between retraction actuator eye-end and This product has been approved by bracket with resulting damage. NM–006–AD’’ at the beginning of your the aviation authority of another This condition, if not detected and country, and is approved for operation comments. We specifically invite corrected, could prevent retraction of the comments on the overall regulatory, MLG and/or its complete extension, possibly in the United States. Pursuant to our economic, environmental, and energy resulting in damage to the aeroplane during bilateral agreement with the State of aspects of this NPRM. We will consider landing, and consequent injury to occupants. Design Authority, we have been notified all comments received by the closing To address this potential unsafe condition, of the unsafe condition described in the date and may amend this NPRM based Fokker Services published SBF100–32–168 MCAI and service information on those comments. to provide inspection and replacement referenced above. We are proposing this instructions. We will post all comments we AD because we evaluated all pertinent For the reasons described above, this AD information and determined an unsafe receive, without change, to http:// requires a one-time [general visual] www.regulations.gov, including any inspection [for deficiencies] (check the eye- condition exists and is likely to exist or personal information you provide. We end for presence of interference/damage and develop on other products of the same will also post a report summarizing each for orientation of the greasing nipple) of the type design. MLG retraction actuators, left-hand (LH) and substantive verbal contact we receive Costs of Compliance about this NPRM. right-hand (RH) sides, and, depending on findings, replacement. We estimate that this proposed AD Discussion You may examine the MCAI in the affects 5 airplanes of U.S. registry. The European Aviation Safety Agency AD docket on the internet at http:// We estimate the following costs to (EASA), which is the Technical Agent www.regulations.gov by searching for comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspection ...... 1 work-hour × $85 per hour = $0 $85 per inspection cycle ...... $425 per inspection cycle. $85 per inspection cycle.
We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary replacements that would proposed inspection. We have no way of might need these replacements:
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replacement ...... 1 work-hour × $85 per hour = $85 ...... $0 $85.
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Authority for This Rulemaking The Proposed Amendment found, before further flight, replace the affected MLG retraction actuator with a Title 49 of the United States Code Accordingly, under the authority serviceable part in accordance with the specifies the FAA’s authority to issue delegated to me by the Administrator, Accomplishment Instructions of Fokker rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part Service Bulletin SBF100–32–168, dated May section 106, describes the authority of 39 as follows: 22, 2017. the FAA Administrator. ‘‘Subtitle VII: (i) Other FAA AD Provisions Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS DIRECTIVES The following provisions also apply to this detail the scope of the Agency’s AD: authority. ■ 1. The authority citation for part 39 (1) Alternative Methods of Compliance We are issuing this rulemaking under continues to read as follows: (AMOCs): The Manager, International the authority described in ‘‘Subtitle VII, Section, Transport Standards Branch, FAA, Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. has the authority to approve AMOCs for this AD, if requested using the procedures found General requirements.’’ Under that § 39.13 [Amended] in 14 CFR 39.19. In accordance with 14 CFR section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by adding promoting safe flight of civil aircraft in 39.19, send your request to your principal the following new airworthiness inspector or local Flight Standards District air commerce by prescribing regulations directive (AD): Office, as appropriate. If sending information for practices, methods, and procedures directly to the International Section, send it Fokker Services B.V.: Docket No. FAA– the Administrator finds necessary for to the attention of the person identified in 2018–0303; Product Identifier 2018– safety in air commerce. This regulation paragraph (j)(2) of this AD. Information may NM–006–AD. is within the scope of that authority be emailed to: 9-ANM-116-AMOC- because it addresses an unsafe condition (a) Comments Due Date [email protected]. Before using any that is likely to exist or develop on We must receive comments by June 11, approved AMOC, notify your appropriate products identified in this rulemaking 2018. principal inspector, or lacking a principal inspector, the manager of the local flight action. (b) Affected ADs standards district office/certificate holding This proposed AD is issued in None. district office. accordance with authority delegated by (2) Contacting the Manufacturer: For any the Executive Director, Aircraft (c) Applicability requirement in this AD to obtain corrective Certification Service, as authorized by This AD applies to Fokker Services B.V. actions from a manufacturer, the action must FAA Order 8000.51C. In accordance Model F28 Mark 0070 and 0100 airplanes, be accomplished using a method approved with that order, issuance of ADs is certificated in any category, all serial by the Manager, International Section, normally a function of the Compliance numbers, if equipped with Goodrich main Transport Standards Branch, FAA; or the and Airworthiness Division, but during landing gear (MLG), part number (P/N) European Aviation Safety Agency (EASA); or Fokker Services B.V.’s EASA Design this transition period, the Executive 41050–x (all dashes) or P/N 41060–x (all dashes). Organization Approval (DOA). If approved by Director has delegated the authority to the DOA, the approval must include the issue ADs applicable to transport (d) Subject DOA-authorized signature. category airplanes to the Director of the Air Transport Association (ATA) of System Oversight Division. America Code 32, Landing gear. (j) Related Information (1) Refer to Mandatory Continuing Regulatory Findings (e) Reason Airworthiness Information (MCAI) EASA AD We determined that this proposed AD This AD was prompted by a report that the 2018–0001, dated January 4, 2018, for related retraction actuator eye-end of a Goodrich would not have federalism implications information. This MCAI may be found in the MLG failed. We are issuing this AD to AD docket on the internet at http:// under Executive Order 13132. This address failure of the retraction actuator eye- www.regulations.gov by searching for and proposed AD would not have a end of a Goodrich MLG, which could prevent locating Docket No. FAA–2018–0303. substantial direct effect on the States, on retraction of the MLG and/or its complete (2) For more information about this AD, the relationship between the national extension, possibly resulting in damage to contact Tom Rodriguez, Aerospace Engineer, Government and the States, or on the the airplane during landing, and consequent International Section, Transport Standards distribution of power and injury to occupants. Branch, FAA, 2200 South 216th St., Des responsibilities among the various (f) Compliance Moines, WA 98198; telephone and fax 206– 231–3226. levels of government. Comply with this AD within the For the reasons discussed above, I (3) For service information identified in compliance times specified, unless already this AD, contact Fokker Services B.V., certify this proposed regulation: done. Technical Services Dept., P.O. Box 1357, 1. Is not a ‘‘significant regulatory (g) Definition 2130 EL Hoofddorp, the Netherlands; action’’ under Executive Order 12866; telephone +31 (0)88–6280–350; fax +31 For the purposes of this AD, a ‘‘serviceable 2. Is not a ‘‘significant rule’’ under the (0)88–6280–111; email technicalservices@ part’’ is a serviceable retraction actuator with DOT Regulatory Policies and Procedures fokker.com; internet http:// an eye-end that does not have any indication www.myfokkerfleet.com. You may view this (44 FR 11034, February 26, 1979); of interference or damage, as specified in the service information at the FAA, Transport 3. Will not affect intrastate aviation in Accomplishment Instructions of Fokker Standards Branch, 2200 South 216th St., Des Alaska; and Service Bulletin SBF100–32–168, dated May Moines, WA. For information on the 4. Will not have a significant 22, 2017. availability of this material at the FAA, call economic impact, positive or negative, (h) Inspection and Corrective Action 206–231–3195. on a substantial number of small entities under the criteria of the Regulatory Within 12 months after the effective date Issued in Des Moines, Washington, on of this AD, perform a general visual Flexibility Act. April 11, 2018. inspection of the left-hand (LH) and right- Dionne Palermo, hand (RH) MLG retraction actuators for List of Subjects in 14 CFR Part 39 Acting Director, System Oversight Division, deficiencies (i.e., check for the presence of Aircraft Certification Service. Air transportation, Aircraft, Aviation interference damage, including evidence of safety, Incorporation by reference, removed damage, and for the orientation of [FR Doc. 2018–08650 Filed 4–26–18; 8:45 am] Safety. the greasing nipple). If any deficiency is BILLING CODE 4910–13–P
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DEPARTMENT OF HOMELAND to better analyze tribal impacts before action for which an environmental SECURITY conducting further rulemaking on impact statement on the uncodified anchorages in Puget Sound. The Coast anchorages is required. Coast Guard Guard actively exercises its authority to Two commenters indicated that tribal manage vessel traffic in the Puget Sound consultation is appropriate within the 33 CFR Part 110 in a safe and effective manner, both proposal area with respect to the [Docket Number USCG–2016–0916] historically and at present. The Coast proposed rule, two commenters deferred Guard is committed to improving the to tribal governments on the issue of RIN 1625–AA01 navigational safety of all Puget Sound whether tribal consultation on this rule waterway users, and is continually is appropriate, and one tribe commented Anchorages; Captain of the Port Puget engaged in efforts to improve safety that it had previously engaged with the Sound Zone, WA through coordination with waterways Coast Guard on a government-to- AGENCY: Coast Guard, DHS. users. government basis and submitted The Coast Guard provided notice of ACTION: Notice of proposed rulemaking; comments on the proposed rule. The withdrawal. its intent to withdraw the rulemaking Coast Guard is committed to upholding and also its intent not to schedule its responsibilities as the federal trustee SUMMARY: The Coast Guard is consultation with the tribes on the of the tribes’ interests, and will conduct withdrawing its notice of proposed proposed rulemaking in light of the formal government-to-government rulemaking entitled ‘‘Anchorages; withdrawal. In that published consultation when required under Captain of the Port Puget Sound Zone, notification (82 FR 54307, November 17, Executive Order 13175. The Coast WA’’ that we published on February 10, 2017), the Coast Guard requested Guard is withdrawing the current 2017. The Coast Guard is withdrawing comment on whether or not withdrawal proposed rulemaking and has engaged this rulemaking in response to public is appropriate, and also if tribal with the tribes to address broader treaty comments and to better analyze consultation was still necessary in light rights issues in processes outside this potential impacts to tribal treaty rights, of the Coast Guard’s stated intent to rulemaking. As a result of the above especially treaty fishing rights. withdraw the proposed rule. actions, the Coast Guard will not DATES: The notice of proposed III. Discussion of Comments conduct consultation on this specific rulemaking is withdrawn on April 27, rulemaking. The Coast Guard received nine 2018. written submissions in response to its IV. Withdrawal ADDRESSES: The docket for this request for comment on its intent to withdrawn rulemaking is available by The Coast Guard has determined that withdraw the proposed rule; six withdrawing the proposed rule is searching docket number USCG–2016– concerned citizens, two on behalf of 0916 using the Federal portal at http:// appropriate based on the new coalitions of environmental groups, and information received from the tribes in www.regulations.gov. one from a federally recognized tribe. Of the docket. Accordingly, the Coast FOR FURTHER INFORMATION CONTACT: the nine commenters, one commenter If Guard is withdrawing the ‘‘Anchorages; supported the withdrawal, three you have questions about this notice of Captain of the Port Puget Sound Zone, commenters indicated that withdrawal inquiry, call or email LCDR Christina WA’’ proposed rulemaking announced is not supported without an Sullivan, U.S. Coast Guard Sector Puget in an NPRM published February 10, environmental impact statement being Sound; telephone 206–217–6042, email 2017 (82 FR 10313). As noted, the Coast done, one commenter supported [email protected]. Guard has the authority and ability to continuing with the rule so long as an SUPPLEMENTARY INFORMATION: manage vessel traffic in the Puget Sound environmental impact study is in a safe and effective manner. We are I. Table of Abbreviations conducted, and four commenters made committed to improving the no affirmative or negative comment on FR Federal Register navigational safety of all Puget Sound NPRM Notice of Proposed Rulemaking withdrawal of the proposed rule, but waterway users, and will continually requested an environmental impact II. Background consider ways to do so in an effective statement. The Coast Guard is and least burdensome manner We published a notice of proposed withdrawing its proposed rulemaking consistent with tribal treaty fishing rulemaking (NPRM) in the Federal based on the comments received and in rights. Register on February 10, 2017 (82 FR order to better analyze the impacts to 10313), entitled ‘‘Anchorages; Captain tribal treaty rights, especially treaty Dated: April 23, 2018. of the Port Puget Sound Zone, WA.’’ In fishing rights. David G. Throop, the NPRM, we proposed the creation of All commenters requested or Rear Admiral, U.S. Coast Guard, Commander, several new anchorages, holding areas, emphasized the importance of an Thirteenth Coast Guard District. and a non-anchorage area as well as the environmental impact statement. The [FR Doc. 2018–08871 Filed 4–26–18; 8:45 am] expansion of one existing general Coast Guard will follow all applicable BILLING CODE 9110–04–P anchorage in the Puget Sound area, as laws and regulations, including the detailed in the proposed regulatory text. National Environmental Policy Act, The Coast Guard received feedback from with respect to any anchorages DEPARTMENT OF VETERANS concerned citizens, commercial entities, rulemaking in the Puget Sound that may AFFAIRS environmental groups, and from Indian be conducted in the future. Tribal Governments and tribal officials Two commenters requested the Coast 38 CFR Part 9 regarding the proposed rulemaking. Guard conduct an environmental impact These comments were made available in statement on the use of uncodified RIN 2900–AQ12 the docket. Based on the information anchorages before withdrawing the Veterans’ Group Life Insurance received from the tribes in the docket, current proposed rule. The Coast Increased Coverage the Coast Guard is withdrawing the Guard’s withdrawal of the proposed proposed rulemaking at this time so as anchorage rule is not a government AGENCY: Department of Veterans Affairs.
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ACTION: Proposed rule. (SGLI) coverage in force at the time of anniversary from the date of the last separation from service. See 38 U.S.C. VGLI coverage increase opportunity SUMMARY: Current statutory provisions 1977(a)(1). Section 404 of the Veterans’ thereafter. provide Veterans’ Group Life Insurance Benefits Act of 2010 amended the The proposed amendment of § 9.2 is (VGLI) insureds under the age of 60 governing statute, 38 U.S.C. 1977, to consistent with 38 U.S.C. 1977(a)(3), with the opportunity to increase their authorize insureds who are under 60 which states that the insured has the VGLI coverage by $25,000 not more than years of age and who have less than the opportunity to increase coverage ‘‘[n]ot once in each 5-year period beginning on statutory maximum of SGLI coverage to more than once in each five-year period the 1-year anniversary of the date a elect in writing to increase coverage by beginning on the 1-year anniversary of person becomes insured under VGLI. $25,000 not more than once in each 5- the date a person becomes insured The Department of Veterans Affairs year period beginning on their 1-year under Veterans’ Group Life Insurance.’’ (VA) proposes to amend its VGLI VGLI coverage anniversary date. Section As stated, the authorizing statute is regulations to establish a permanent 404 enables former members to keep silent about if and when an insured will regulatory framework for such elections pace with changing economic be notified about the opportunity to of increased coverage. The proposed conditions by purchasing adequate increase coverage. Accordingly, VA’s rule would also clarify that coverage amounts of life insurance to protect proposed regulation is intended, in part, increases in an amount less than their families. Section 404 added to 38 to address this gap in the statutory $25,000 are available only when U.S.C. 1977(a) a new paragraph (3), language. Specifically, the proposed existing VGLI coverage is within which took effect April 11, 2011. To regulation would provide that after $25,000 of the Servicemembers’ Group promptly implement this statutory VGLI enrollment, the insurer will invite Life Insurance current maximum of change, VA adopted interim procedures insureds to increase coverage not less $400,000, and any increases of less than for increasing VGLI coverage. See than 120 days prior to the 1-year $25,000 must be only in an amount that ‘‘Servicemembers’ and Veterans’ Group anniversary from initial VGLI coverage would bring the insurance coverage up Life Insurance Handbook,’’ ch. 12, para. and not less than 120 days prior to each to the statutory maximum. 12.01, on the VA Insurance website at 5-year anniversary date from the date of DATES: Comment Date: Comments must http://www.benefits.va.gov/ the last VGLI coverage increase election be received by VA on or before June 26, INSURANCE/resources_handbook_ins_ opportunity, until the former member 2018. chapter12.asp (outlining the interim has elected the SGLI statutory maximum ADDRESSES: Written comments may be process). Since the 2011 change in law, (currently $400,000) or has attained the submitted through http:// 70,569 VGLI insureds have participated age of 60 years, whichever occurs first. www.Regulations.gov; by mail or hand- in VGLI increased coverage In addition, VA seeks to make clear in this proposed rule that insureds must delivery to the Director, Regulation opportunities as of the end of calendar elect increased coverage within 120 Policy and Management (00REG), year 2016, electing additional coverage days prior to their VGLI one-year Department of Veterans Affairs, 810 in the amount of $1,764,710,000. The anniversary date and/or within 120 days Vermont Ave. NW, Room 1063B, proposed regulation is intended to prior to each subsequent 5-year Washington, DC 20420; or by fax to establish a permanent regulatory anniversary date from the last VGLI (202) 273–9026. Comments should framework for affording additional VGLI coverage increase election opportunity. indicate that they are submitted in coverage under section 404. response to ‘‘RIN 2900–AQ12 Veterans’ VA has determined that the 120-day VA proposes to exercise the period is a reasonable period of time for Group Life Insurance Increased Secretary’s authority under 38 U.S.C. insureds to review their financial needs Coverage.’’ Copies of comments 501 and amend its regulations to and make informed decisions regarding received will be available for public establish a permanent regulatory whether to request additional coverage. inspection in the Office of Regulation framework for affording VGLI insureds As such, the proposed regulation would Policy and Management, Room 1063B, the opportunity to purchase increased allow VGLI insureds to elect increased between the hours of 8:00 a.m. and 4:30 coverage pursuant to 38 U.S.C. coverage within 120 days prior to the 1- p.m., Monday through Friday (except 1977(a)(3). Under 38 U.S.C. 1977(b)(2), year anniversary date and within 120 holidays). Please call (202) 461–4902 for VGLI is only renewable on a ‘‘five-year days prior to each 5-year anniversary an appointment. (This is not a toll free term basis,’’ while subsection (a)(3) date from the date of the last VGLI number.) In addition, during the provides for elections of increased increase opportunity as long as the comment period, comments are coverage of $25,000 not more than once insured remains eligible to do so, i.e., is available online through the Federal in each 5-year period beginning on the under the statutory coverage limit and Docket Management System (FDMS) at 1-year anniversary of the date a person under 60 years of age. http://www.Regulations.gov. becomes insured under VGLI. See 38 For example, if a former member FOR FURTHER INFORMATION CONTACT: U.S.C. 1977. Because the statutory purchased $300,000 in VGLI coverage Karen Naccarelli, Department of language does not specify the invitation effective April 11, 2017, the former Veterans Affairs Insurance Center (310/ period(s) for VGLI insureds to elect member would be eligible to request an 290B), P.O. Box 13399, Philadelphia, PA increased coverage, VA proposes to additional $25,000 of VGLI coverage 19101, (215) 381–3029. (This is not a amend 38 CFR 9.2 to address the gap. beginning 120 days prior to April 11, toll free number.) Proposed § 9.2(b)(5) would provide that 2018. The increased coverage would be SUPPLEMENTARY INFORMATION: Before the the VGLI insured’s first opportunity to effective April 11, 2018. The next passage of the Veterans’ Benefits Act of increase coverage would be on the one- opportunity to increase coverage would 2010, Public Law 111–275, 404, 124 year VGLI coverage anniversary date, be April 11, 2023, the first 5-year Stat. 2864, 2879–2880 (2010), the the earliest date permissible under the anniversary date from the last VGLI maximum amount of VGLI coverage authorizing statute. The insured could coverage increase election opportunity. available to a former member (also subsequently elect to increase coverage Subsequently, the former member referred to as ‘‘the insured’’ hereafter) on the 5-year anniversary date from the would have the opportunity to buy an was limited to the amount of first VGLI coverage increase election additional $25,000 in VGLI coverage Servicemembers’ Group Life Insurance opportunity and on each 5-year once every five years for as long as the
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former member was under 60 years of the program, the increased mortality practicable. The exception outlined age and held $400,000 or less in VGLI experience will exceed that upon which above is both permissible within the coverage. See 38 U.S.C. 1977(a)(3). the premium rates are based and could scope of the statute and furthers its The proposed regulation would afford impact the program negatively by intent to allow up to $400,000 in VGLI the insured the earliest opportunity to driving up the cost of premiums for all coverage. increase coverage permitted under the program participants. Consistent with Unfunded Mandates statute, namely on the one-year industry practices designed to keep anniversary after coverage begins and on premium rates affordable, insurance The Unfunded Mandates Reform Act each subsequent 5-year anniversary date providers typically limit changes in of 1995 requires, at 2 U.S.C. 1532, that from the last VGLI increase election policies to certain defined periods of agencies prepare an assessment of opportunity. See 38 U.S.C. 1977(b)(2). time, such as open seasons or during anticipated costs and benefits before Moreover, the proposed amendment renewal periods. By limiting VGLI issuing any rule that may result in the would ensure that such increases in coverage changes only at established expenditure by state, local, and tribal coverage would occur during intervals, such as the initial, 1-year governments, in the aggregate, or by the predictable periods. This would allow anniversary from the coverage date and private sector, of $100 million or more both the insured and the insurer to plan each 5-year anniversary date from the (adjusted annually for inflation) in any for any potential changes in the in-force last VGLI coverage increase election one year. This proposed rule would coverage amount and the corresponding opportunity thereafter, VA would have no such effect on state, local, and premiums. This aspect of predictability ensure that VGLI insureds have ample tribal governments or the private sector. about the timing of coverage elections opportunity to increase coverage in a Paperwork Reduction Act would support the goal of managing the manner that is both consistent with VGLI program based on sound actuarial This proposed rule contains no industry practice and beneficial to provisions constituting a collection of principles, while also affording insureds insureds. ample opportunities to elect increased information under the Paperwork As it relates to the amount of coverage if they choose to do so. Under Reduction Act (44 U.S.C 3501–3521). increased coverage elected at one time, the proposed regulatory amendment, the statutory language of 38 U.S.C. Executive Orders 12866, 13563, and insureds could make assessments about 1977(a)(3) provides that an increase in 13771 future financial plans and the insurer coverage is generally allowable in could apply the increased coverage Executive Orders 12866 and 13563 amount(s) at predictable intervals, intervals of $25,000; however, the direct agencies to assess the costs and namely at the time of the first year statute is silent as to the options benefits of available regulatory anniversary date after coverage began or available to VGLI insureds who have alternatives and, when regulation is at the time of each subsequent 5-year coverage of more than $375,000, i.e., necessary, to select regulatory anniversary date(s) of the last VGLI within less than $25,000 of the current approaches that maximize net benefits coverage increase election opportunity. statutory maximum. To address this gap (including potential economic, The insurer would apply any increased in the statutory language, VA’s proposed environmental, public health and safety coverage from the date of the 1-year rule would also clarify that increases of effects, and other advantages; anniversary and/or from any 5-year less than $25,000 shall be permitted distributive impacts; and equity). anniversary date from the most recent only when VGLI coverage in force is Executive Order 13563 (Improving VGLI coverage increase election within less than $25,000 of the statutory Regulation and Regulatory Review) opportunity. maximum. In such circumstances, emphasizes the importance of By limiting opportunities to increase coverage increases in an amount less quantifying both costs and benefits, VGLI coverage to the initial, 1-year than $25,000 would only be allowed in reducing costs, harmonizing rules, and coverage anniversary date and every 5- the amount required to increase promoting flexibility. Executive Order year anniversary date of the last VGLI coverage up to the current statutory 12866 (Regulatory Planning and coverage increase election opportunity maximum of $400,000. For example, if Review) defines a ‘‘significant thereafter, VA would provide insureds an insured has coverage of $380,000, the regulatory action’’ requiring review by the opportunity to meet their financial proposed rule would permit an increase the Office of Management and Budget needs while mitigating the potentially of $20,000 in order to bring the (OMB), unless OMB waives such negative impact of adverse selection in insured’s coverage up to the current review, as ‘‘any regulatory action that is the VGLI program. Adverse selection SGLI maximum of $400,000. If not for likely to result in a rule that may: (1) occurs when individuals use their this exception, those within less than Have an annual effect on the economy superior knowledge of their insurability $25,000 of the statutory maximum of $100 million or more or adversely to minimize the period of time over coverage amount would be forever affect in a material way the economy, a which they are likely to pay premiums barred from increasing their coverage sector of the economy, productivity, for coverage. Such a practice unfairly because doing so would result in competition, jobs, the environment, shifts the premium paying burden to coverage in excess of the SGLI public health or safety, or state, local, or other individuals paying premiums for maximum of $400,000, which is not tribal governments or communities; (2) coverage over a longer period of time permitted by law. VA’s proposed rule Create a serious inconsistency or and potentially undermines the would seek to avoid this harsh result otherwise interfere with an action taken financial health of the program to the and make permanent the current, or planned by another agency; (3) detriment of all insureds. Insurance interim policy that allows insureds with Materially alter the budgetary impact of programs rely on a pooling of risks, and more than $375,000 coverage the entitlements, grants, user fees, or loan premium rates are set according to the opportunity to elect additional coverage programs or the rights and obligations of expected mortality of the insurance up to the statutory maximum. There is recipients thereof; or (4) Raise novel pool. If a disproportionate number of flexibility in this area because 38 U.S.C. legal or policy issues arising out of legal insureds in substandard health enter the 1977(b)(5) authorizes the Secretary to mandates, the President’s priorities, or program or carry higher coverage set terms and conditions for VGLI that the principles set forth in this Executive amounts than healthier individuals in he determines to be reasonable and Order.’’
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The economic, interagency, PART 9—SERVICEMEMBERS’ GROUP ENVIRONMENTAL PROTECTION budgetary, legal, and policy LIFE INSURANCE AND VETERANS’ AGENCY implications of this regulatory action GROUP LIFE INSURANCE have been examined, and it has been 40 CFR Part 52 determined not to be a significant ■ 1. The authority citation for part 9 [EPA–R08–OAR–2018–0136; FRL–9976– regulatory action under Executive Order continues to read as follows: 44—Region 8] 12866. VA’s impact analysis can be found as a supporting document at Authority: 38 U.S.C. 501, 1965–1980A, Approval and Promulgation of Air http://www.regulations.gov, usually unless otherwise noted. Quality Implementation Plans; State of Montana; Revisions to PSD Permitting within 48 hours after the rulemaking ■ 2. In § 9.2, add new paragraph (b)(5) document is published. Additionally, a Rules to read as follows: copy of the rulemaking and its impact AGENCY: Environmental Protection analysis are available on VA’s website at § 9.2 Effective date; applications. Agency (EPA). http://www.va.gov/orpm/, by following * * * * * ACTION: the link for ‘‘VA Regulations Published Proposed rule. (b) * * * From FY 2004 Through Fiscal Year to SUMMARY: The Environmental Protection Date.’’ This proposed rule is not (5) Pursuant to 38 U.S.C. 1977(a)(3), Agency (EPA) is proposing to fully expected to be an E.O. 13771 regulatory former members under the age of 60 can approve the State Implementation Plan action because this proposed rule is not elect to increase their Veterans’ Group (SIP) revision submitted by the State of significant under E.O. 12866. Life Insurance coverage by $25,000, up Montana on October 14, 2016. Regulatory Flexibility Act to the existing Servicemembers’ Group Montana’s October 14, 2016 submittal Life Insurance maximum. The insured’s revises their prevention of significant The Secretary hereby certifies that first opportunity to elect to increase deterioration (PSD) regulations. This this proposed rule would not have a coverage is on the one-year Veterans’ action is being taken under section 110 significant economic impact on a Group Life Insurance coverage of the Clean Air Act (CAA) (Act). substantial number of small entities as anniversary date. Thereafter, the insured DATES: Written comments must be they are defined in the Regulatory could elect to increase coverage on the received on or before May 29, 2018. Flexibility Act (5 U.S.C. 601–612). This five-year anniversary date of the first ADDRESSES: Submit your comments, proposed rule would directly affect only VGLI coverage increase election identified by EPA–R08–OAR–2018– individuals and would not directly opportunity and subsequently every five 0136 at http://www.regulations.gov. affect small entities. Therefore, pursuant years from the anniversary date of the Follow the online instructions for to 5 U.S.C. 605(b), this rulemaking is submitting comments. Once submitted, exempt from the initial and final insured’s last VGLI coverage increase election opportunity. Increases of less comments cannot be edited or removed regulatory flexibility analysis from www.regulations.gov. The EPA than $25,000 are only available when requirements of sections 603 and 604. may publish any comment received to existing Veterans’ Group Life Insurance its public docket. Do not submit Catalog of Federal Domestic Assistance coverage is within less than $25,000 of electronically any information you The Catalog of Federal Domestic the Servicemembers’ Group Life consider to be Confidential Business Assistance number and title for the Insurance maximum and any increases Information (CBI) or other information programs affected by this document is of less than $25,000 must be only in the whose disclosure is restricted by statute. 64.103, Life Insurance for Veterans. amount needed to bring the insurance Multimedia submissions (audio, video, coverage up to the statutory maximum List of Subjects in 38 CFR Part 9 etc.) must be accompanied by a written allowable amount of Servicemembers’ comment. The written comment is Life insurance; Military personnel; Group Life Insurance. The eligible considered the official comment and Veterans. former members must apply for the should include discussion of all points increased coverage through the you wish to make. The EPA will Signing Authority administrative office, within 120 days of generally not consider comments or The Secretary of Veterans Affairs, or invitation prior to the initial one-year comment contents located outside of the designee, approved this document and anniversary date or within 120 days primary submission (i.e., on the web, authorized the undersigned to sign and prior to each subsequent five-year cloud, or other file sharing system). For submit the document to the Office of the coverage anniversary date from the first additional submission methods, the full Federal Register for publication VGLI coverage increase election EPA public comment policy, electronically as an official document of opportunity. The increased coverage information about CBI or multimedia the Department of Veterans Affairs. will be effective from the anniversary submissions, and general guidance on Jacquelyn Hayes-Byrd, Deputy Chief of date immediately following the election. making effective comments, please visit Staff, Department of Veterans Affairs, http://www2.epa.gov/dockets/ * * * * * commenting-epa-dockets. approved this document on February [FR Doc. 2018–08855 Filed 4–26–18; 8:45 am] 23, 2018, for publication. FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P Dated: April 23, 2018. Kevin Leone, Air Program, U.S. Jeffrey M. Martin, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Impact Analyst, Office of Regulation Policy & Management, Office of the Secretary, Wynkoop Street, Denver, Colorado Department of Veterans Affairs. 80202–1129, (303) 312–6227, [email protected]. For the reasons stated in the preamble, the Department of Veterans I. Background Affairs proposes to amend 38 CFR part In Montana’s letter from Governor 9 as follows: Steve Bullock to EPA Regional
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Administrator Shaun McGrath Cir. 2013)). Among other things, the convert to a final approval of Montana’s (governor’s letter) dated September 21, court vacated the PM2.5 SMC as not plan. In this action, the EPA proposes 2016, Montana referenced two actions allowed by the CAA. On December 9, that Montana’s October 14, 2016 for the EPA to consider for approval into 2013, the EPA promulgated the rule submittal meets Montana’s obligation Montana’s federally approved SIP: (1) ‘‘Prevention of Significant Deterioration under the conditional approval of ARM Revisions to PSD Permitting Provisions; for Particulate Matter Less Than 2.5 17.8.818(7)(a)(iii) in our April 20, 2016 and (2) Montana’s 2015 Revised 8-hour Micrometers—Significant Impact Levels final rulemaking action. ozone NAAQS initial designations. and Significant Monitoring Montana’s 2015 revised 8-hour ozone Concentration: Removal of Vacated II. What are the changes that EPA is NAAQS initial designations is not part Elements.’’ (78 FR 73698). This proposing action to approve? of Montana’s SIP, and therefore does not rulemaking revised the affected NSR– We are proposing to approve changes require action under CAA section 110. PSD rules accordingly, in which the to Montana’s SIP—in particular the In this proposed rulemaking action, the EPA amended 40 CFR 51.166(i)(5)(i)(c) revisions to ARM 17.8.818(7)(a)(iii)—as EPA is proposing full approval of and 52.21(i)(5)(i)(c) to reduce the SMC submitted on October 14, 2016. We are Montana’s revision to their PSD to 0 micrograms per cubic meter and proposing to approve the changes that permitting provisions, and the EPA is eliminate the 24-hour averaging period. are consistent with the CAA and the taking no action on Montana’s 2015 Because the EPA amended its SMC EPA regulations as follows: revised 8-hour ozone NAAQS initial regulations, the Montana Department of 1. CAA section 110(a)(2)(C), which designations. Environmental Quality (MDEQ) requires each state plan to include ‘‘a requested the Board to amend its rule, Montana’s October 14, 2016 Submittal program to provide for . . . the ARM 17.8.818(7)(a)(iii). However, the regulation of the modification and Section 165(e)(2) of the federal Clean MDEQ did not recommend that the construction of any stationary source Air Act (CAA) requires a proposed Board remove the 24-hour averaging within the areas covered by the plan as major emitting facility to conduct period for the PM2.5 SMC from the rule. necessary to assure that [the NAAQS] monitoring for, among other emissions, On March 24, 2015, Montana submitted are achieved, including a permit particulate matter with a diameter of SIP revisions to the EPA which program as required in parts C and D of less than 2.5 micrometers (PM2.5). addressed the court’s decisions (except this subchapter’’; On May 16, 2008, EPA promulgated for removing the 24-hour averaging the rule, ‘‘Implementation of the New 2. CAA section 110(a)(2)(A), requires period); this submittal superseded and that SIPs contain enforceable emissions Source Review Program for Particulate replaced these aspects of Montana’s Matter Less Than 2.5 Micrometers limitations and other control measures. August 21, 2012 submittal. Under section CAA section 110(a)(2), (PM2.5)’’ (73 FR 28321) (the 2008 PM2.5 In response to Montana’s March 24, New Source Review (NSR) the enforceability requirement in 2015 SIP revisions, on April 20, 2016 section 110(a)(2)(A) applies to all plans Implementation Rule) and on October (81 FR 23180), the EPA published a 20, 2010 EPA promulgated the rule, submitted by a state. Montana’s final rulemaking titled: ‘‘Air Quality regulations in ARM 17.8 create ‘‘Prevention of Significant Deterioration State Implementation Plans; Approvals (PSD) for Particulate Matter Less Than enforceable obligations for sources; and Promulgations: Montana; 3. CAA section 110(i) (with certain 2.5 Micrometers (PM2.5)—Increments, Infrastructure Requirements for the 2008 Significant Impact Levels (SILs) and limited exceptions) prohibits states from Lead, 2008 Ozone, 2010 NO2, 2010 SO2, modifying SIP requirements for Significant Monitoring Concentration and 2012 PM2.5 National Ambient Air (SMC)’’ (75 FR 64864) (the 2010 stationary sources except through the Quality Standards.’’ Under section SIP revision process. As described in Increment Rule). The 2010 Increment 110(k)(4) of the CAA, the EPA may Rule adopted regulations setting the Section I, Montana fulfilled this conditionally approve a SIP based on a requirement; SMC for PM2.5 at 4 micrograms per commitment from a state to adopt 4. CAA section 110(l), provides that cubic meter averaged over 24 hours. A specific enforceable measures within 1 the EPA cannot approve a SIP revision SMC may be used to exempt sources year from the date of final approval. In that interferes with any applicable from preconstruction monitoring when the EPA’s April 20, 2016 rulemaking, requirement of the Act. The revisions to modeled impacts from the proposed the EPA took final action to approve ARM 17.8.818 would not interfere with facility, or the existing air quality level revisions in the March 24, 2015 sections 110(a)(2) and 110(i) of the Act, in the area of the proposed source, is submittal to ARM 17.8.818(7)(a)(iii) on as they are in compliance with current less than the SMC. the condition that the State adopts and federal regulations; The Board of Environmental Review submits specific revisions within 1 year 5. CAA section 161, which requires a of the State of Montana (the Board) of EPA’s final action on these SIP to contain emission limitations to revised Administrative Rules of infrastructure submittals; specifically to prevent significant deterioration of air Montana (ARM) 17.8.818(7)(a)(iii) to remove the phrase ‘‘24-hour average’’ in adopt the same SMC for PM as the quality in regions designated as 2.5 ARM 17.8.818(7)(a)(iii).1 Montana attainment or unclassifiable; and federal regulation, effective October 14, submitted this amendment to their rules 2011 (See docket—MAR Notice No. 17– to EPA within 1 year, on October 14, 6. Montana’s SIP revision complies 322.). These revisions, which were 2016, and the EPA is proposing action with the requirements of 40 CFR 51.166 submitted to the EPA on August 21, on Montana’s October 14, 2016 as the plan imposes the regulatory 2012, addressed the requirements of the submittal in this rulemaking. Upon the requirements on individual sources, as 2008 PM2.5 NSR Implementation Rule EPA finding a timely meeting of required by the regulatory provisions. and the 2010 Increment Rule, including Montana’s commitment in full, the III. Proposed Action setting the SMC for PM2.5 at 4 EPA’s April 20, 2016 conditional The EPA is proposing to approve a micrograms per cubic meter, averaged approval of the SIP revisions would over a 24-hour period. Subsequently, revision to Montana’s SIP as submitted
portions of the 2010 Increment rule 1 by the State of Montana on October 14, See ‘‘Section 128 and 2012 PM2.5 Cover Letter were vacated by the federal courts and PSD Commitment Letter’’ submitted to EPA on 2016, which remove ‘‘24-hour average’’ (Sierra Club v. EPA, 705 F. 3d 458 (D.C. December 17, 2015, contained within this docket. from ARM 17.8.818(7)(a)(iii).
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IV. Incorporation by Reference • Is not a significant regulatory action submittal updates certain dates of subject to Executive Order 13211 (66 FR incorporation by reference and In this action, the EPA is proposing to 28355, May 22, 2001); reorganizes and revises certain rules. In include in a final EPA rule regulatory • Is not subject to requirements of this rulemaking, we are proposing text that includes incorporation by Section 12(d) of the National action on all portions of the October 4, reference. In accordance with Technology Transfer and Advancement 2017 submittal, except for those requirements of 1 CFR 51.5, the EPA is Act of 1995 (15 U.S.C. 272 note) because portions of the submittal which do not proposing the incorporation by application of those requirements would belong in the SIP. This action is being reference of a change to the State of be inconsistent with the CAA; and taken under section 110 of the Clean Air Montana’s SIP regarding removing ‘‘24- • Does not provide the EPA with the Act (CAA). hour average’’ from ARM discretionary authority to address, as 17.8.818(7)(a)(iii). The EPA has made, DATES: Written comments must be appropriate, disproportionate human and will continue to make, these received on or before May 29, 2018. health or environmental effects, using materials generally available through ADDRESSES: Submit your comments, practicable and legally permissible www.regulations.gov and at the EPA identified by EPA–R08–OAR–2018– methods, under Executive Order 12898 Region 8 Office (please contact the 0148 at http://www.regulations.gov. (59 FR 7629, February 16, 1994). person identified in the FOR FURTHER Follow the online instructions for The SIP is not approved to apply on INFORMATION CONTACT section of this submitting comments. Once submitted, any Indian reservation land or in any preamble for more information). comments cannot be edited or removed other area where the EPA or an Indian from www.regulations.gov. The EPA V. Statutory and Executive Order tribe has demonstrated that a tribe has may publish any comment received to Reviews jurisdiction. In those areas of Indian its public docket. Do not submit country, the proposed rule does not Under the CAA, the Administrator is electronically any information you have tribal implications and will not required to approve a SIP submission consider to be Confidential Business impose substantial direct costs on tribal that complies with the provisions of the Information (CBI) or other information governments or preempt tribal law as Act and applicable federal regulations. whose disclosure is restricted by statute. specified by Executive Order 13175 (65 42 U.S.C. 7410(k); 40 CFR 52.02(a). Multimedia submissions (audio, video, FR 67249, November 9, 2000). Thus, in reviewing SIP submissions, the etc.) must be accompanied by a written EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 comment. The written comment is considered the official comment and provided that they meet the criteria of Environmental protection, Air the CAA. Accordingly, this action should include discussion of all points pollution control, Carbon monoxide, you wish to make. The EPA will merely proposes to approve state law as Incorporation by reference, meeting federal requirements and does generally not consider comments or Intergovernmental relations, Lead, comment contents located outside of the not impose additional requirements Nitrogen dioxide, Ozone, Particulate beyond those imposed by state law. For primary submission (i.e., on the web, matter, Reporting and recordkeeping cloud, or other file sharing system). For that reason, this proposed action: requirements, Sulfur oxides, Volatile • additional submission methods, the full Is not a ‘‘significant regulatory organic compounds. action’’ subject to review by the Office EPA public comment policy, of Management and Budget under Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia Executive Order 12866 (58 FR 51735, Dated: April 13, 2018. submissions, and general guidance on October 4, 1993) and 13563 (76 FR 3821, Douglas Benevento, making effective comments, please visit http://www2.epa.gov/dockets/ January 21, 2011); Regional Administrator, Region 8. commenting-epa-dockets. • Is not expected to be an Executive [FR Doc. 2018–08624 Filed 4–26–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Order 13771 regulatory action because BILLING CODE 6560–50–P this action is not significant under Kevin Leone, Air Program, U.S. Executive Order 12866; Environmental Protection Agency • Does not impose an information ENVIRONMENTAL PROTECTION (EPA), Region 8, Mailcode 8P–AR, 1595 collection burden under the provisions AGENCY Wynkoop Street, Denver, Colorado of the Paperwork Reduction Act (44 80202–1129, (303) 312–6227, U.S.C. 3501 et seq.); 40 CFR Part 52 [email protected]. SUPPLEMENTARY INFORMATION: • Is certified as not having a [EPA–R08–OAR–2018–0148; FRL–9977– significant economic impact on a 00—Region 8] I. The EPA’s Evaluation of South substantial number of small entities Dakota’s Submission—Air Pollution under the Regulatory Flexibility Act (5 Approval and Promulgation of Air Control Program Chapter 74:36 U.S.C. 601 et seq.); Quality Implementation Plans; South October 4, 2017 Submittal • Does not contain any unfunded Dakota; Revisions to the Permitting mandate or significantly or uniquely Rules A. Chapter 74:36:01—Definitions affect small governments, as described AGENCY: Environmental Protection Chapter 74:36:01 defines the terms in the Unfunded Mandates Reform Act Agency (EPA). used throughout Article 74:36—Air of 1995 (Pub. L. 104–4); ACTION: Proposed rule. Pollution Control Program. There are six • Does not have federalism definitions in Chapter 74:36:01 that implications as specified in Executive SUMMARY: The Environmental Protection reference federal regulations. The Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve sections in Chapter 74:36:01 that are 1999); State Implementation Plan (SIP) being updated to the version of the • Is not an economically significant revisions submitted by the State of federal reference specified in the Code regulatory action based on health or South Dakota on October 4, 2017, of Federal Regulations (CFR) as of July safety risks subject to Executive Order related to South Dakota’s Air Pollution 1, 2016, involve the following: 13045 (62 FR 19885, April 23, 1997); Control Program. The October 4, 2017 74:36:01:01(8); 74:36:01:01(29);
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74:36:01:01(67); 74:36:01:05(1); and F. Chapter 74:36:06—Regulated Air South Dakota is in attainment with the 74:36:01:20(5), (7) and (8). Pollutant Emissions federal standards; therefore, there are no Chapter 74:36:06 identifies South facilities that require a preconstruction B. Chapter 74:36:02—Ambient Air permit under this program. Quality Dakota’s regulated air pollutants which are established to ensure South Dakota’s The sections in Chapter 74:36:10 that are being updated to the version of the Chapter 74:36:02 established air air quality is in compliance with the federal reference specified in the CFR as quality goals and ambient air quality federal national ambient air quality of July 1, 2016, involve the following: standards for South Dakota. The standards (NAAQS). Section 74:36:06:07 (Open burning practices prohibited) 74:36:10:02; 74:36:10:03.01; 74:36:10:05; sections in Chapter 74:36:02 that are 74:36:10:07; and 74:36:10:08. being updated to the version of the references 74:10:05:11.04, which was federal reference specified in the CFR as repealed on January 12, 2012. This K. Chapter 74:36:11—Performance of July 1, 2016, involve the following: section was replaced with 74:12:04:11. Testing 74:36:02:02; 74:36:02:03; 74:36:02:04; Changes are proposed to correct the Chapter 74:36:11 identifies the and 74:36:02:05. reference to this section. performance testing requirements used by permitted facilities to demonstrate C. Chapter 74:36:03—Air Quality G. Chapter 74:36:07—New Source compliance with permit limits. The Episodes Performance Standards We are not taking action on revisions section in Chapter 74:36:11 that is being Chapter 74:36:03 identifies the to this chapter. New Source updated to the version of the federal contingency plan the South Dakota Performance Standards (NSPS) are not reference specified in the CFR as of July Department of Environment and Natural part of the SIP. 1, 2016, involves 74:36:11:01. Resources (DENR) will follow during an H. Chapter 74:36:08—National Emission L. Chapter 74:36:12—Control of Visible air pollution emergency episode. The Standards for Hazardous Air Pollutants Emissions sections in Chapter 74:36:03 that are Chapter 74:36:12 identifies visible being updated to the version of the We are not taking action on revisions to this chapter. National Emission emission limits for units that emit air federal reference specified in the CFR as pollution. The sections in Chapter of July 1, 2016, involve the following: Standards for Hazardous Air Pollutants (NESHAPs) are not part of the SIP. 74:36:12 that are being updated to the 74:36:03:01 and 74:36:03:02. version of the federal reference specified D. Chapter 74:36:04—Operating Sources I. Chapter 74:36:09—Prevention of in the CFR as of July 1, 2016, involve for Minor Sources Significant Deterioration (PSD) the following: 74:36:12:01 and Chapter 74:36:09 is South Dakota’s 74:36:12:03. Chapter 74:36:04 is South Dakota’s PSD preconstruction program for major M. Chapter 74:36:13—Continuous minor source air quality operating sources located in areas of the state that Emission Monitoring Systems permit program. South Dakota is attain the federal NAAQS. The sections We are not taking action on revisions proposing to remove the first two in Chapter 74:36:09 that are being to this chapter. Continuous Emission sentences in 74:36:04:04 (Standard of updated to the version of the federal Monitoring Systems are part of South issuance of a minor source operating reference specified in the CFR as of July Dakota’s Title V program and are not permit). The removed language refers to 1, 2016, involve the following: part of the SIP. air pollution dispersion modeling and 74:36:09:02 and 74:36:09:03. other dispersion techniques. In addition, on November 7, 2016, the N. Chapter 74:36:16—Acid Rain South Dakota’s minor source air EPA published a final rulemaking action Program quality program initially was both a titled ‘‘Rescission of Preconstruction We are not taking action on revisions construction and operating permit Permits Issued under the Clean Air to this chapter. The Acid Rain Program program. South Dakota separated the Act.’’ (81 FR 78043, see docket) This is not part of the SIP. construction portion from the minor rulemaking revised 40 CFR 52.21(w). source air quality operating permit The corresponding changes to 40 CFR O. Chapter 74:36:18—Regulations for State Facilities in the Rapid City Area program in calendar year 2010 by 52.21(w) are outlined at 81 FR 78043. developing an independent construction South Dakota has revised 74:36:09:02(6) The section in Chapter 74:36:18 that permit program as outlined in Chapter to incorporate by reference the is being updated to the version of the 74:36:20 (Construction Permits for New November 7, 2016 changes to 40 CFR federal reference specified in the CFR as Sources or Modifications). On June 27, 52.21(w). of July 1, 2016, involves 74:36:18:10. Specifically, 81 FR 78043 revised 40 2014, the EPA took final action to P. Chapter 74:36:20—Construction approve Chapter 74:36:20 (79 FR CFR 52.21(w)(2) to remove the July 30, 1987, date restriction; revised 40 CFR Permits for New Sources or 36419). The construction permit Modifications program in Chapter 74:36:20 identifies 52.21(w)(3) to change the word ‘‘shall’’ Chapter 74:36:20 requires an air the requirements for air pollution to ‘‘may’’ and revised 40 CFR quality construction permit for new or dispersion modeling. Therefore, this 52.21(w)(1) to appropriately cross modified sources that do not meet the language is no longer needed in South reference paragraph (r) and not paragraph (s) of the EPA’s PSD requirements for obtaining a Dakota’s minor air quality operating regulations. preconstruction permit in Chapters permit program 74:36:04:04. 74:36:09 and 74:36:10. J. Chapter 74:36:10—New Source The reference date for the federal E. Chapter 74:36:05—Operating Sources Review for Part 70 Sources regulation is proposed to be updated to Chapter 74:36:10 is South Dakota’s the most current version of the federal We are not taking action on revisions New Source Review (NSR) reference specified in the CFR as of July to this chapter as South Dakota’s Title preconstruction permit program for 1, 2016. These proposed changes V operating permit programs is not part major sources in areas of the state that involve section 74:36:20:05 (Standard of the SIP. are not attaining the NAAQS. All of for Issuance of a Construction Permit).
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South Dakota is proposing to revise permit for a new major source or reference of changes to the State of section 74:36:20:05 to clarify that air modification to a major source will be South Dakota’s SIP regarding their Air dispersion modeling for new or issued only after the source has Pollution Control Program in Chapter modified minor sources is one of several demonstrated that it will not contribute 74:36. The EPA has made, and will information items that may be required to adverse impact on visibility in any continue to make, these materials by the department for inclusion in a mandatory Class I federal area. Changes generally available through permit application. This proposed include guidance for performing air www.regulations.gov and at the EPA change to the SIP is a clarification and dispersion modeling if air dispersion Region 8 Office (please contact the does not modify the standard for modeling is required to demonstrate no person identified in the FOR FURTHER issuance of a construction permit’s adverse impact on visibility. These INFORMATION CONTACT section of this substantive requirements. The standard changes are located in section preamble for more information). in Section 74:36:20:05 requires that ‘‘[a] 74:36:21:04 (Visibility Impact Analysis). construction permit for a new source or IV. Statutory and Executive Order modification to an existing source may II. What is the EPA proposing to Reviews be issued only if it has been shown that approve? Under the Clean Air Act, the the operation of the new source or A. What the EPA Is Not Acting On Administrator is required to approve a modification to an existing source will SIP submission that complies with the The EPA is not acting on revisions to not prevent or interfere with the provisions of the Act and applicable 74:36:05 (Operating Permits for Part 70 attainment or maintenance of an federal regulations. 42 U.S.C. 7410(k); Sources), 74:36:07 (New Source applicable national ambient air quality 40 CFR 52.02(a). Thus, in reviewing SIP Performance Standards), 74:36:08 standard.’’ Statutory requirements under submissions, the EPA’s role is to (National Emission Standards for CAA section 110(l) provide that the EPA approve state choices, provided that Hazardous Air Pollutants), 74:36:13 cannot approve a SIP revision if the they meet the criteria of the Clean Air (Continuous Emission Monitoring revision would interfere with any Act. Accordingly, this action merely System) and 74:36:16 (Acid Rain), applicable requirement concerning proposes to approve state law as because these sections are not part of attainment and reasonable further meeting federal requirements and does the SIP. progress, or any other applicable not impose additional requirements requirement of the CAA. South Dakota’s B. What the EPA Is Acting On beyond those imposed by state law. For rules provide for several methods and The EPA is proposing to approve all that reason, this proposed action: data (ambient monitoring data, • Is not a ‘‘significant regulatory emissions inventories, air dispersion revisions as submitted by the State of South Dakota on October 4, 2017, as action’’ subject to review by the Office modeling, or a combination of these of Management and Budget under data in a comprehensive analysis) to described in section I. of this proposed rulemaking, with the exception of the Executive Orders 12866 (58 FR 51735, make the required determination as to October 4, 1993) and 13563 (76 FR 3821, whether a project would interfere with revisions mentioned in section II. A. of this rulemaking. January 21, 2011); attainment or maintenance of the • Is not an Executive Order 13771 (82 NAAQS. In addition to requirements in The revisions are in compliance with federal requirements, including: (1) FR 9339, February 2, 2017) regulatory Section 74:36:20:05, Section 74:36:20:07 action because SIP approvals are specifies the required contents of a CAA section 110(a)(2)(c), which requires states to include a minor NSR exempted under Executive Order 12866; complete application for a construction • program in their SIP to regulate Does not impose an information permit, and includes ‘‘[t]he results of collection burden under the provisions any dispersion modeling required by the modifications and new construction of stationary sources within the area as of the Paperwork Reduction Act (44 department’’ and ‘‘[a]ny other U.S.C. 3501 et seq.); information requested by the necessary to assure the NAAQS are • Is certified as not having a department that is relevant to achieved; (2) The regulatory significant economic impact on a determining compliance with that act or requirements under 40 CFR 51.160, substantial number of small entities the Clean Air Act.’’ Therefore, the including section 51.160(b), which under the Regulatory Flexibility Act (5 revisions to 74:36:20:05 will not requires states to have legally U.S.C. 601 et seq.); interfere with any applicable enforceable procedures to prevent • Does not contain any unfunded requirement concerning attainment and construction or modification of a source mandate or significantly or uniquely reasonable further progress with the if it would violate any SIP control affect small governments, as described NAAQS. strategies or interfere with attainment or maintenance of the NAAQS; and (3) the in the Unfunded Mandates Reform Act Q. Chapter 74:36:21—Regional Haze statutory requirements under CAA of 1995 (Pub. L. 104–4); Program section 110(l), which provides that the • Does not have federalism Chapter 74:36:21 contains the EPA cannot approve a SIP revision if the implications as specified in Executive requirements South Dakota agreed to as revision would interfere with any Order 13132 (64 FR 43255, August 10, part of the South Dakota Regional Haze applicable requirement concerning 1999); • Program. The EPA approved sections attainment and reasonable further Is not an economically significant 74:36:21 through 74:36:21:12 into South progress, or any other applicable regulatory action based on health or Dakota’s SIP. requirement of the CAA. safety risks subject to Executive Order The sections in Chapter 74:36:21 that 13045 (62 FR 19885, April 23, 1997); III. Incorporation by Reference are being updated to the version of the • Is not a significant regulatory action federal reference specified in the CFR as In this action, the EPA is proposing to subject to Executive Order 13211 (66 FR of July 1, 2016, involve the following: include in a final EPA rule regulatory 28355, May 22, 2001); 74:36:21:02(8); 74:36:21:04; 74:36:21:05; text that includes incorporation by • Is not subject to requirements of and 74:36:21:09. reference. In accordance with Section 12(d) of the National South Dakota has also proposed requirements of 1 CFR 51.5, the EPA is Technology Transfer and Advancement changes to include that a construction proposing the incorporation by Act of 1995 (15 U.S.C. 272 note) because
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application of those requirements would www.regulations.gov or via email to Act, as amended and commonly referred be inconsistent with the CAA; and [email protected]. For additional to as the Resource Conservation and • Does not provide the EPA with the information on how to submit Recovery Act (RCRA). discretionary authority to address, as comments see the detailed instructions DATES: Send your written comments by appropriate, disproportionate human in the ADDRESSES section of the direct May 29, 2018. health or environmental effects, using final rule located in the rules section of ADDRESSES: Submit your comments, practicable and legally permissible this Federal Register. identified by Docket ID No. EPA–R02– methods, under Executive Order 12898 FOR FURTHER INFORMATION CONTACT: Mr. RCRA–2018–0034, by one of the (59 FR 7629, February 16, 1994). Randy Pitre, (214) 665–7299, following methods: The SIP is not approved to apply on [email protected]. • Federal eRulemaking Portal: http:// any Indian reservation land or in any SUPPLEMENTARY INFORMATION: In the www.regulations.gov. Follow the on-line other area where the EPA or an Indian final rules section of this issue of the instructions for submitting comments. tribe has demonstrated that a tribe has Federal Register, the EPA is approving • Email: [email protected]. jurisdiction. In those areas of Indian the State’s SIP submittal as a direct rule • Fax: (212) 637–4437. country, the proposed rule does not without prior proposal because the • Mail: Send written comments to have tribal implications and will not Agency views this as noncontroversial Nidal Azzam, Base Program impose substantial direct costs on tribal submittal and anticipates no adverse Management Section Chief, Hazardous governments or preempt tribal law as comments. A detailed rationale for the Waste Programs Branch, Clean Air and specified by Executive Order 13175 (65 approval is set forth in the direct final Sustainability Division, EPA, Region 2, FR 67249, November 9, 2000). rule. If no relevant adverse comments 290 Broadway, 22nd Floor, New York, List of Subjects in 40 CFR Part 52 are received in response to this action NY 10007. • Hand Delivery or Courier: Deliver Environmental protection, Air no further activity is contemplated. If your comments to Nidal Azzam, Base pollution control, Carbon monoxide, the EPA receives relevant adverse Program Management Section Chief, Incorporation by reference, comments, the direct final rule will be Hazardous Waste Programs Branch, Intergovernmental relations, Lead, withdrawn and all public comments Clean Air and Sustainability Division, Nitrogen dioxide, Ozone, Particulate received will be addressed in a EPA, Region 2, 290 Broadway, 22nd matter, Reporting and recordkeeping subsequent final rule based on this Floor, New York, NY 10007. Such requirements, Sulfur oxides, Volatile proposed rule. The EPA will not deliveries are only accepted during the organic compounds. institute a second comment period. Any parties interested in commenting on this Regional Office’s normal hours of Authority: 42 U.S.C. 7401 et seq. action should do so at this time. operation. The public is advised to call Dated: April 19, 2018. For additional information, see the in advance to verify the business hours. Douglas Benevento, direct final rule which is located in the Special arrangements should be made Regional Administrator, Region 8. rules section of this Federal Register. for deliveries of boxed information. Instructions: Direct your comments to [FR Doc. 2018–08676 Filed 4–26–18; 8:45 am] Dated: April 19, 2018. Docket ID No. EPA–R02–RCRA–2018– BILLING CODE 6560–50–P Anne Idsal, 0034. EPA’s policy is that all comments Regional Administrator, Region 6. received will be included in the public [FR Doc. 2018–08661 Filed 4–26–18; 8:45 am] ENVIRONMENTAL PROTECTION docket without change and may be BILLING CODE 6560–50–P AGENCY made available on-line at http:// www.regulations.gov, including any 40 CFR Part 52 personal information provided, unless ENVIRONMENTAL PROTECTION the comment includes information [EPA–R6–OAR–2017–0519; FRL–9977– AGENCY claimed to be Confidential Business 03—Region 6] 40 CFR Part 272 Information (CBI) or other information Approval and Promulgation of whose disclosure is restricted by statute. Implementation Plans; Texas; Control [EPA–R02–RCRA–2018–0034; FRL–9974– Do not submit information that you 05—Region 2] of Air Pollution From Visible consider to be CBI or otherwise protected through http:// Emissions and Particulate Matter New York: Incorporation by Reference www.regulations.gov, or email. The of State Hazardous Waste Management AGENCY: Environmental Protection Federal http://www.regulations.gov Program Agency (EPA). website is an ‘‘anonymous access’’ ACTION: Proposed rule. AGENCY: Environmental Protection system, which means EPA will not Agency (EPA). know your identity or contact SUMMARY: Pursuant to the Federal Clean ACTION: Proposed rule. information unless you provide it in Air Act, the Environmental Protection the body of your comment. If you send Agency (EPA) is proposing to approve SUMMARY: The Environmental Protection an email comment directly to EPA revisions to the Texas State Agency (EPA) proposes to revise the without going through http:// Implementation Plan (SIP) submitted by codification of New York’s authorized www.regulations.gov, your email the State of Texas to the EPA on August hazardous waste program which is set address will be automatically captured 23, 2017, that pertain to regulations to forth in the regulations entitled and included as part of the comment control air pollution from visible ‘‘Approved State Hazardous Waste that is placed in the public docket and emissions and particulate matter. Management Programs’’. EPA will made available on the internet. If you DATES: Written comments should be incorporate by reference into the Code submit an electronic comment, EPA received on or before May 29, 2018. of Federal Regulations (CFR) those recommends that you include your ADDRESSES: Submit your comments, provisions of the State regulations that name and other contact information in identified by Docket No. EPA–R06– are authorized and that EPA will the body of your comment and with any OAR–2017–0519, at http:// enforce under the Solid Waste Disposal disk or CD–ROM you submit. If EPA
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cannot read your comment due to an appointment please call (212) 637– incorporation by reference during the technical difficulties, and cannot 3703. comment period, the direct final rule contact you for clarification, EPA may will become effective on the date FOR FURTHER INFORMATION CONTACT: not be able to consider your comment. indicated, and we will not take further Nidal Azzam, Base Program Electronic files should avoid the use of action on this proposal. If we get Management Section Chief, Hazardous special characters or any form of comments that oppose these actions, we Waste Programs Branch, Clean Air and encryption, and be free of any defects or will withdraw the direct final rule and Sustainability Division, EPA Region 2, viruses. (For additional information it will not take effect. We will then 290 Broadway, 22nd floor, New York, about EPA’s public docket, visit the EPA respond to public comments in a later NY 10007; telephone number: (212) Docket Center homepage at http:// final rule based on this proposal. You 637–3748; fax number: (212) 637–4437; www.epa.gov/dockets). may not have another opportunity for email address: [email protected]. Docket: All documents in the comment. If you want to comment on docket are listed in the http:// SUPPLEMENTARY INFORMATION: In the this action, you must do so at this time. www.regulations.gov index. Although ‘‘Rules and Regulations’’ section of this For additional information, please see listed in the index, some information is Federal Register, the EPA is codifying the direct final rule published in the not publicly available, e.g., CBI or other and incorporating by reference the ‘‘Rules and Regulations’’ section of this information whose disclosure is State’s hazardous waste program as a restricted by statute. Certain other direct final rule. EPA did not make a Federal Register. material, such as copyrighted material, proposal prior to the direct final rule Dated: December 27, 2017. will be publicly available only in hard because we believe these actions are not Peter D. Lopez, copy. Publicly available docket controversial and do not expect Regional Administrator, Region 2. materials are available either comments that oppose them. We have electronically in http:// explained the reasons for this Editorial Note: This document was www.regulations.gov or in hard copy. codification and incorporation by received for publication by the Office of the You can inspect a copy of the records reference in the preamble to the direct Federal Register on April 18, 2018. related to this codification effort at EPA final rule. Unless we get written [FR Doc. 2018–08429 Filed 4–26–18; 8:45 am] Region 2 by appointment only. To make comments which oppose this BILLING CODE 6560–50–P
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Notices Federal Register Vol. 83, No. 82
Friday, April 27, 2018
This section of the FEDERAL REGISTER potential persons who are to respond to COMMISSION ON CIVIL RIGHTS 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 Notice of Public Meeting of the Ohio public. Notices of hearings and investigations, the collection of information unless it Advisory Committee to the U.S. committee meetings, agency decisions and displays a currently valid OMB control Commission on Civil Rights rulings, delegations of authority, filing of number. petitions and applications and agency AGENCY: U.S. Commission on Civil statements of organization and functions are Animal and Plant Health Inspection Rights. examples of documents appearing in this Service ACTION: Announcement of meeting. section. Title: Importation of Eggplant from SUMMARY: Notice is hereby given, Israel. pursuant to the provisions of the rules OMB Control Number: 0579–0350. DEPARTMENT OF AGRICULTURE and regulations of the U.S. Commission Summary of Collection: Under the on Civil Rights (Commission) and the Plant and Protection Act (7 U.S.C. Submission for OMB Review; Federal Advisory Committee Act that Comment Request 7701), the Secretary of Agriculture is the Ohio Advisory Committee authorized to carry out operation or (Committee) will hold a meeting via April 24, 2018. measures to detect, eradicate, suppress, web conference on Thursday May 24, The Department of Agriculture has control, prevent, or retard the spread of 2018, from 4–5 p.m. EDT for the submitted the following information plant pests new to the United States not purpose of discussing/approving their collection requirement(s) to OMB for known to be widely distributed advisory memorandum to the review and clearance under the throughout the United States. APHIS’ Commission on voting rights in the Paperwork Reduction Act of 1995, fruits and vegetables regulations allow state. Public Law 104–13. Comments are the importation of commercial requested regarding (1) whether the shipments of fresh eggplant from Israel. DATES: The meeting will be held on collection of information is necessary As a condition of entry, the eggplant Thursday May 24, 2018, at 4:00 p.m. for the proper performance of the must be grown under a system approach EDT. functions of the agency, including that would include requirements for Public Call Information: (audio only) whether the information will have pest exclusion at the production site, Dial: 877–874–1588, Conference ID: practical utility; (2) the accuracy of the fruit fly trapping inside and outside the 7338819. agency’s estimate of burden including production site, and pest-excluding FOR FURTHER INFORMATION CONTACT: the validity of the methodology and packinghouse procedures. Melissa Wojnaroski, DFO, at assumptions used; (3) ways to enhance Need and Use of the Information: [email protected] or 312–353– the quality, utility and clarity of the APHIS uses the following information 8311. information to be collected; and (4) activities to allow for the importation of SUPPLEMENTARY INFORMATION: Members ways to minimize the burden of the commercial consignments of fresh of the public can listen to the collection of information on those who eggplant from Israel into the United discussion. This meeting is available to are to respond, including through the States while continuing to provide the public through the above listed toll use of appropriate automated, protection against the introduction of free number. An open comment period electronic, mechanical, or other quarantine pests: Trapping Records, will be provided to allow members of technological collection techniques or Labeling of Boxes, Inspection and the public to make a statement as time other forms of information technology. Approval of Pest-Exclusionary Comments regarding this information allows. The conference call operator Structures, Phytosanitary Certificates, collection received by May 29, 2018 will will ask callers to identify themselves, Grower Registrations, Pest Detection be considered. Written comments the organization they are affiliated with Notification, Treatment Approvals, should be addressed to: Desk Officer for (if any), and an email address prior to Emergency Action Notification, and Agriculture, Office of Information and placing callers into the conference Notice of Arrival. Failure to collect this Regulatory Affairs, Office of room. Callers can expect to incur regular information would cripple APHIS’ Management and Budget (OMB), New charges for calls they initiate over ability to ensure that eggplant from Executive Office Building, 725 17th wireless lines, according to their Israel is not carrying plant pests. Street NW, Washington, DC 20502. Description of Respondents: Foreign wireless plan. The Commission will not Commenters are encouraged to submit Federal Government, Business and other refund any incurred charges. Callers their comments to OMB via email to: will incur no charge for calls they _ for-profit. OIRA [email protected] or Number of Respondents: 4. initiate over land-line connections to fax (202) 395–5806 and to Departmental Frequency of Responses: Reporting; the toll-free telephone number. Persons Clearance Office, USDA, OCIO, Mail Third Party Disclosure; Recordkeeping: with hearing impairments may also Stop 7602, Washington, DC 20250– On occasion. follow the proceedings by first calling 7602. Copies of the submission(s) may Total Burden Hours: 180. the Federal Relay Service at 1–800–877– be obtained by calling (202) 720–8958. 8339 and providing the Service with the An agency may not conduct or Ruth Brown, conference call number and conference sponsor a collection of information Departmental Information Collection ID number. unless the collection of information Clearance Officer. Members of the public are also displays a currently valid OMB control [FR Doc. 2018–08927 Filed 4–26–18; 8:45 am] entitled to submit written comments; number and the agency informs BILLING CODE 3410–34–P the comments must be received in the
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regional office within 30 days following FOR FURTHER INFORMATION CONTACT: Ana Dated: April 24, 2018. the meeting. Written comments may be Victoria Fortes (DFO) at afortes@ David Mussatt, mailed to the Regional Programs Unit usccr.gov or (213) 894–3437 Supervisory Chief, Regional Programs Unit. Office, U.S. Commission on Civil Rights, SUPPLEMENTARY INFORMATION: This [FR Doc. 2018–08954 Filed 4–26–18; 8:45 am] 230 S Dearborn, Suite 2120, Chicago, IL meeting is available to the public BILLING CODE 6335–01–P 60604. They may also be faxed to the through the following toll-free call-in Commission at (312) 353–8324, or number: 888–527–7033, conference ID emailed to Carolyn Allen at callen@ number: 7669093. Any interested DEPARTMENT OF COMMERCE usccr.gov. Persons who desire member of the public may call this additional information may contact the number and listen to the meeting. U.S. Census Bureau Regional Programs Unit Office at (312) Callers can expect to incur charges for Proposed Information Collection; 353–8311. calls they initiate over wireless lines, Comment Request; 2020 Census New Records generated from this meeting and the Commission will not refund any Construction Program may be inspected and reproduced at the incurred charges. Callers will incur no Regional Programs Unit Office, as they charge for calls they initiate over land- AGENCY: U.S. Census Bureau, become available, both before and after line connections to the toll-free Commerce. the meeting. Records of the meeting will telephone number. Persons with hearing ACTION: Notice. be available via www.facadatabase.gov impairments may also follow the under the Commission on Civil Rights, proceedings by first calling the Federal SUMMARY: The Department of Ohio Advisory Committee link (http:// Relay Service at 1–800–877–8339 and Commerce, as part of its continuing www.facadatabase.gov/committee/ providing the Service with the effort to reduce paperwork and meetings.aspx?cid=268). Persons conference call number and conference respondent burden, invites the general interested in the work of this Committee ID number. public and other Federal agencies to are directed to the Commission’s Members of the public are entitled to take this opportunity to comment on website, http://www.usccr.gov, or may make comments during the open period proposed and/or continuing information contact the Regional Programs Unit at the end of the meeting. Members of collections, as required by the Office at the above email or street the public may also submit written Paperwork Reduction Act of 1995. address. comments; the comments must be DATES: To ensure consideration, written comments must be submitted on or Agenda received in the Regional Programs Unit within 30 days following the meeting. before June 26, 2018. Welcome and Roll Call Written comments may be mailed to the ADDRESSES: Direct all written comments Advisory Memorandum: Voting Rights Western Regional Office, U.S. to Jennifer Jessup, Departmental in Ohio Commission on Civil Rights, 300 North Paperwork Clearance Officer, Public Comment Los Angeles Street, Suite 2010, Los Department of Commerce, Room 6616, Adjournment Angeles, CA 90012. They may be faxed 14th and Constitution Avenue NW, Washington, DC 20230 (or via the Dated: April 24, 2018. to the Commission at (213) 894–0508, or emailed Ana Victoria Fortes at afortes@ internet at [email protected]). David Mussatt, usccr.gov. Persons who desire You may also submit comments, Supervisory Chief, Regional Programs Unit. additional information may contact the identified by Docket Number USBC– [FR Doc. 2018–08953 Filed 4–26–18; 8:45 am] Regional Programs Unit at (213) 894– 2018–0007, to the Federal e-Rulemaking BILLING CODE 6335–01–P 3437. Portal: http://www.regulations.gov. All Records and documents discussed comments received are part of the during the meeting will be available for public record. No comments will be COMMISSION ON CIVIL RIGHTS public viewing prior to and after the posted to http://www.regulations.gov for meeting at http://facadatabase.gov/ public viewing until after the comment Notice of Public Meeting of the Nevada period has closed. Comments will State Advisory Committee committee/meetings.aspx?cid=261. Please click on the ‘‘Meeting Details’’ generally be posted without change. All Personally Identifiable Information (for AGENCY: U.S. Commission on Civil and ‘‘Documents’’ links. Records example, name and address) voluntarily Rights. generated from this meeting may also be submitted by the commenter may be ACTION: Announcement of meeting. inspected and reproduced at the Regional Programs Unit, as they become publicly accessible. Do not submit Confidential Business Information or SUMMARY: Notice is hereby given, available, both before and after the meeting. Persons interested in the work otherwise sensitive or protected pursuant to the provisions of the rules information. You may submit and regulations of the U.S. Commission of this Committee are directed to the Commission’s website, http:// attachments to electronic comments in on Civil Rights (Commission) and the Microsoft Word, Excel, WordPerfect, or Federal Advisory Committee Act www.usccr.gov, or may contact the Regional Programs Unit at the above Adobe Portable Document Format (PDF) (FACA) that a meeting of the Nevada file formats only. Advisory Committee (Committee) to the email or street address. FOR FURTHER INFORMATION CONTACT: Commission will be held at 1:00 p.m. Agenda Requests for additional information or (Pacific Time) Thursday, May 31, 2018, copies of the information collection for the purpose of narrowing down the I. Welcome II. USCCR Announcement instrument(s) and instructions should scope of their project on policing. be directed to Robin A. Pennington, DATES: The meeting will be held on III. Discuss Project Scope Decennial Census Management Division Thursday, May 31, 2018, at 1:00 p.m. IV. Discuss Project Timeline Program Management Office, U.S. PT. V. Public Comment Census Bureau, 4600 Silver Hill Road, Public Call Information: Dial: 888– VI. Next Steps Washington, DC 20233 or via email at 527–7033, Conference ID: 7669093. VII. Adjournment [email protected].
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SUPPLEMENTARY INFORMATION: assure the completeness and accuracy of the Census Bureau’s partnership the Census Bureau’s address list. These capabilities with participating I. Overview operations allow participating governments by expanding the methods The 2020 Census New Construction governments the opportunity to provide the Census Bureau uses to collect Program is one of the seven (7) input to improve the Census Bureau’s address information from tribal, state, voluntary geographic partnership address list and to ensure accurate and and local governments. The New programs that collect residential complete enumeration of their Construction Program does not provide addresses to update the U.S. Census communities. LUCA and the New Title 13 protected addresses to Bureau’s Master Address File (MAF). To Construction Program are participants, however, when deliver questionnaires, locate complementary; however, there is no participants submit address data for residences, and tabulate statistics by dependency on either program for new housing to be included in the 2020 localities, the Census Bureau must have participation in the other. Census, the Census Bureau will protect accurate addresses and boundaries. The • LUCA participants who agree to the submitted data under Title 13, Census Bureau also uses its geographic receive the address list for their U.S.C. Section 9 provides for the database to link demographic data from jurisdiction receive Title 13 protected confidential treatment of census-related surveys and the decennial census to materials. Participants review the information, including individual locations and areas, such as cities, address list and submit their validated address and structure coordinates. congressional and legislative districts, or revised address list to the Census Participation in the New Construction and counties. Bureau between spring and summer Program is voluntary. The census block is the geographic 2018. The New Construction Program • building block for all Census Bureau The Census Bureau processes and includes four phases: geographic boundaries. Geographic validates the LUCA updates using a 1. New Construction Program programs such as the Redistricting Data combination of independent address Invitation Phase. Program update the boundaries of sources, such as the United States Postal 2. New Construction Program census blocks. The addresses collected Service’s list of delivery addresses or Participant Review Materials. in the 2020 Local Update of Census the 2020 Census Address Canvassing 3. New Construction Program Address Addresses Operation (LUCA), the New operation. Upon completion of the Updates. Construction Program, and other LUCA address validations by April of 4. Closeout. 2019, the Census Bureau provides geocoding processes place households New Construction Program Invitation address-level feedback to partners, in a specific census block. Phase While the geographic programs differ allowing them to appeal any in requirements, time frame, and determination made by the Census The Census Bureau will mail the New participants, the New Construction Bureau to the Office of Management and Construction Program invitation letter Program and the other geographic Budget (OMB) LUCA Appeals Office. and registration form in April 2019 to • programs all follow the same basic In spring 2019, the Census Bureau approximately 32,000 eligible process: invites tribal, state, and local participants that includes federally 1. The Census Bureau invites eligible governments to participate in the New recognized American Indian tribal participants to the program. Construction Program. The Census governments with reservations and/or 2. If they elect to participate in the Bureau will provide a list of off-reservation trust lands, states, and program, participants receive program governments eligible for participation in local governments. Based on the 2010 materials, in this case, user guides, the New Construction Program by fall Census New Construction Program, the address templates, spatial data in PDF 2018. The Census Bureau confines the Census Bureau estimates 6,550 out of or shapefile format, and/or free, scope of the New Construction Program the 32,000 invited governments will customized mapping software. to the submission of addresses for newly participate. To participate, interested 3. Participants review the materials constructed living quarters that began or governments must respond to the and submit their addresses in the will begin construction in the year invitation package by completing and Census Bureau’s predefined format. leading up to the census. The Census returning the registration form to the 4. The Census Bureau updates its Bureau does not provide Title 13 Census Bureau by June 2019. address list with updates from protected materials to the participants of Participants must also identify the participants. the New Construction Program. Between format of the maps or spatial data that 5. The Census Bureau uses its address June and August 2019, tribal, state, and they wish to receive from the Census list to conduct the 2020 Census and local governments identify addresses for Bureau. The estimated time burden for tabulate statistics. housing units, group quarters, and this stage is one hour per participant. transitory locations for which II. Abstract construction began during or after New Construction Program Participant The Census Bureau is requesting March 2019 that are expected to be Review Materials clearance to conduct the New closed to the elements (final roof, During summer 2019, the Census Construction Program from February windows, and doors) and potentially Bureau will deliver review materials to 2019 through December 2019. The inhabitable by Census Day, April 1, registered governments. Governments purpose of the New Construction 2020. No other updates, including will receive the materials they selected Program is to obtain city-style addresses streets or boundaries, will be accepted. on the registration form. Participating for newly built housing units in blocks Through the New Construction governments will be required to submit where census questionnaires or mailing Program, the Census Bureau improves full address data for qualifying packages are delivered and households the accuracy and completeness of the structures, including individual unit are expected to use a self-response mode address list used to conduct the 2020 numbers for multiunit structures (e.g., to complete the census. Census by utilizing the expertise of Apt. 1, Apt. 2, Unit 1, and Unit 2), and The Census Bureau conducts LUCA tribal, state, and local governments. The geographic information such as the and the New Construction Program as Census Address List Improvement Act census tract and block numbers, or successive partnership operations to of 1994 (Pub. L. 103–430) strengthened geographic coordinates.
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The typical New Construction New Construction Program Address quarters addresses, the New Program Participant Review Materials Updates Construction Program participants can package will contain the following: From September through November opt to receive: • 1. New Construction Program Quick 2019, the Census Bureau will process all GUPS with Census Bureau spatial Start Document. files received from participants. Files data. 2. New Construction Program User that are submitted in the proper format • PDF maps. Guide. and with complete geocoding data are Participants may also use their own 3. New Construction Program Address compared against the Census Bureau’s software to create a computer-readable List Template. census address list, extracted from the list of addresses in the prescribed 4. Geographic Update Partnership MAF, to check for any addresses already format. Participants will use the Census Software (GUPS). on the list. The Census Bureau will add Bureau provided maps or spatial data as 5. New Construction Program Map the addresses to the census address list a reference for assigning census tract PDFs (for geocoding purposes only). and MAF, if needed, and mail decennial and block codes (geocodes) for each 6. New Construction Program spatial census forms to any participant- submitted address. supplied addresses that were not shapefiles (for geocoding purposes III. Data only). already in the census address list. The census enumeration process will OMB Control Number: 0607–XXXX. Participants must submit their New determine the final housing unit status Form Number(s): NC_RForm_2020. Construction Program address list to the and population for each unit. Type of Review: Regular submission. Census Bureau within 45 calendar days of receipt of the New Construction Closeout Affected Public: Federally recognized tribes, states, local governments Program materials. The New The Census Bureau provides a Construction Program addresses must be (counties, incorporated places, closeout letter to governments that functioning minor civil divisions). returned in the Census Bureau’s registered to participate and provided predefined format, and each address Estimated Number of Respondents: updates as well as a thank you letter to Program Invitation: 32,000. must be geocoded or assigned to the governments that provided updates. Participant Material Review: 6,550. census tract and block in which it is Closeout occurs between December Estimated Time per Response: located as shown on the New 2019 and January 2020. Construction Program PDF or digital Program Invitation: 1 hour. (shapefile) maps. This stage will occur II. Method of Collection Participant Material Review: 47 hours. between August and September 2019. The Census Bureau will collect the Estimated Total Hour Burden: The average estimated time burden to New Construction Program participants’ Program Invitation: 32,000 hours. add, review, and submit the New contact information and product media Participant Material Review: 307,850 Construction Program address list to the preference when participants fill out the hours. Census Bureau is 47 hours per electronic or printed forms. To prepare Estimated Total Annual Burden participant. and submit their list of new living Hours: 339,850 hours.
Estimated time Stage of review Estimated number per response Total estimated of respondents (hours) hour burden
Program Invitation ...... 32,000 1 32,000 Participant Material Review ...... 6,550 47 307,850
Total ...... 339,850 hours.
Estimated Total Annual Cost to proposed collection of information; (c) DEPARTMENT OF COMMERCE Public: $0. (This is not the cost of ways to enhance the quality, utility, and respondents’ time, but the indirect costs clarity of the information to be National Institute of Standards and respondents may incur for such things collected; and (d) ways to minimize the Technology as purchases of specialized software or burden of the collection of information [Docket No.: 180301235–8235–01] hardware needed to report, or on respondents, including through the expenditures for accounting or records use of automated collection techniques National Cybersecurity Center of maintenance services required or other forms of information Excellence (NCCoE) Data Integrity specifically by the collection.) technology. Building Block Respondent’s Obligation: Voluntary. Comments submitted in response to AGENCY: National Institute of Standards Legal Authority: Title 13, U.S.C., this notice will be summarized and/or and Technology, Department of Section 141(a). included in the request for OMB Commerce. IV. Request for Comments approval of this information collection; ACTION: Notice. they also will become a matter of public Comments are invited on: (a) Whether SUMMARY: The National Institute of record. the proposed collection of information Standards and Technology (NIST) is necessary for the proper performance Sheleen Dumas, invites organizations to provide of the functions of the agency, including Departmental Lead PRA Officer, Office of the products and technical expertise to whether the information shall have Chief Information Officer. support and demonstrate security practical utility; (b) the accuracy of the [FR Doc. 2018–08964 Filed 4–26–18; 8:45 am] platforms for two data integrity projects agency’s estimate of the burden within the Data Integrity Building BILLING CODE 3510–07–P (including hours and cost) of the Block. The two projects are (1) Data
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Integrity: Identifying and Protecting identify-protect for Data Integrity: 2012 (77 FR 64314) inviting U.S. Assets Against Ransomware and Other Identifying and Protecting Assets companies to enter into National Destructive Events and (2) Data Against Ransomware and Other Cybersecurity Excellence Partnerships Integrity: Detecting and Responding to Destructive Events, and at https:// (NCEPs) in furtherance of the NCCoE. Ransomware and Other Destructive nccoe.nist.gov/projects/building-blocks/ For this demonstration project, NCEP Events. This notice is the initial step for data-integrity/detect-respond for Data partners will not be given priority for the National Cybersecurity Center of Integrity: Detecting and Responding to participation. Excellence (NCCoE) in collaborating Ransomware and Other Destructive Building Block Objective: Establish with technology companies to address Events. tools and procedures to defend, detect, cybersecurity challenges identified Background: The NCCoE, part of and respond to data integrity events. under the Data Integrity Building Block. NIST, is a public-private collaboration A detailed description of the Data Participation in the building block is for accelerating the widespread Integrity Building Block is available at: open to all interested organizations and adoption of integrated cybersecurity https://nccoe.nist.gov/projects/building- organizations may participate in one or tools and technologies. The NCCoE blocks/data-integrity. both data integrity projects. brings together experts from industry, Requirements: Each responding DATES: Collaborative activities will government, and academia under one organization’s letter of interest should commence as soon as enough completed roof to develop practical, interoperable identify which security platform and signed letters of interest have been cybersecurity approaches that address component(s) or capability(ies) it is returned to address all the necessary the real-world needs of complex offering. Responding organizations must components and capabilities, but no Information Technology (IT) systems. submit a separate letter of interest and earlier than May 29, 2018. By accelerating dissemination and use sign a separate consortium CRADA for ADDRESSES: The NCCoE is located at of these integrated tools and each project the responding 9700 Great Seneca Highway, Rockville, technologies for protecting IT assets, the organization is interested in joining. MD 20850. Letters of interest must be NCCoE will enhance trust in U.S. IT Letters of interest should not include submitted to [email protected] or via communications, data, and storage company proprietary information, and hardcopy to National Institute of systems; reduce risk for companies and all components and capabilities must be Standards and Technology, NCCoE; individuals using IT systems; and commercially available. Components are 9700 Great Seneca Highway, Rockville, encourage development of innovative, listed in section 3 of each of the data MD 20850. Organizations whose letters job-creating cybersecurity products and integrity projects (1) Data Integrity: of interest are accepted in accordance services. Identifying and Protecting Assets with the process set forth in the Process: NIST is soliciting responses Against Ransomware and Other from all sources of relevant security SUPPLEMENTARY INFORMATION section of Destructive Events, and (2) Data capabilities (see below) to enter into a this notice will be asked to sign a Integrity: Detecting and Responding to Cooperative Research and Development separate consortium Cooperative Ransomware and Other Destructive Agreement (CRADA) to provide Research and Development Agreement Events (for reference, please see the link products and technical expertise to (CRADA) with NIST for each Data in the PROCESS section above) and support and demonstrate security Integrity Building Block project. An include, but are not limited to: platforms for the Data Integrity Building NCCoE consortium CRADA template • Block. The full building block can be For Data Integrity: Identifying and can be found at: http://nccoe.nist.gov/ viewed at: https://nccoe.nist.gov/ Protecting Assets Against node/138. projects/building-blocks/data-integrity. Ransomware and Other Destructive FOR FURTHER INFORMATION CONTACT: Interested parties should contact NIST Events: Timothy McBride via email to using the information provided in the • Secure storage [email protected]; by telephone FOR FURTHER INFORMATION CONTACT • File integrity checking mechanisms 301–975–0214; or by mail to National section of this notice. NIST will then backup capability for databases, Institute of Standards and Technology, provide each interested party with a VMs, and file systems NCCoE; 9700 Great Seneca Highway, letter of interest template, which the • Vulnerability management and Rockville, MD 20850. Additional details party must complete, certify that it is identification software about the Data Integrity Building Block accurate, and submit to NIST. NIST will • Signature based vulnerability are available at https://nccoe.nist.gov/ contact interested parties if there are detection projects/building-blocks/data-integrity. questions regarding the responsiveness • Behavior based vulnerability SUPPLEMENTARY INFORMATION: Interested of the letters of interest to the building detection parties must contact NIST to request a block objective or requirements • Zero-day vulnerability detection letter of interest template to be identified below. NIST will select • Log collection software completed and submitted to NIST. participants who have submitted • Asset inventory software Letters of interest will be accepted on a complete letters of interest on a first • Asset management first come, first served basis. Parties come, first served basis within each • Asset discovery interested in participating in both data category of product components or • Maintenance software (including integrity projects must submit a separate capabilities listed below up to the software versioning and letter of interest for each data integrity number of participants in each category distribution technology) project. When the building block has necessary to carry out this building • Software versioning been completed, NIST will post a notice block. However, there may be • Software distribution announcing the completion of the continuing opportunity to participate • Update verification building block and informing the public even after initial activity commences. • For Data Integrity: Detecting and that it will no longer accept letters of Selected participants will be required to Responding to Ransomware and interest for this building block on the enter into a consortium CRADA with Other Destructive Events NCCoE Data Integrity Building Block NIST (for reference, see ADDRESSES • Integrity monitoring website at https://nccoe.nist.gov/ section above). NIST published a notice • Event detection projects/building-blocks/data-integrity/ in the Federal Register on October 19, • Malicious software detection
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• Unauthorized activity detection • Mitigate the impact of unauthorized and deploy security platforms that meet • Anomalous activity detection or malicious mobile code events the security objectives of the Data • Logging and data correlation • Mitigate the impact of unauthorized Integrity Building Block. These software or malicious executables descriptions will be public information. • Reporting capability • Mitigate the impact of unauthorized Under the terms of the consortium • Vulnerability management or malicious behavior CRADA, NIST will support • Forensics/analytics tools • Contain unauthorized or malicious development of interfaces among • Mitigation and containment activity on the network participants’ products by providing IT software • Contain unauthorized or malicious infrastructure, laboratory facilities, Each responding organization’s letter mobile code events office facilities, collaboration facilities, of interest should identify how their • Contain unauthorized or malicious and staff support to component products address one or more of the executables composition, security platform • following desired solution Contain unauthorized or malicious documentation, and demonstration characteristics in section 3 of each of the behavior activities. Data Integrity projects (1) Data Integrity: Responding organizations need to The dates of the demonstration of the Identifying and Protecting Assets understand and, in their letters of Data Integrity Building Block capability Against Ransomware and Other interest, commit to provide: will be announced on the NCCoE Destructive Events, and (2) Data 1. Access for all participants’ project website at least two weeks in advance Integrity: Detecting and Responding to teams to component interfaces and at http://nccoe.nist.gov/. The expected Ransomware and Other Destructive the organization’s experts necessary outcome of the demonstration is to Events (for reference, please see the link to make functional connections improve data integrity within the in the PROCESS section above): among security platform enterprise. Participating organizations will gain from the knowledge that their components 1 For Data Integrity: Identifying and products are interoperable with other Protecting Assets Against 2. Support for development and demonstration of the Data Integrity participants’ offerings. Ransomware and Other Destructive For additional information on the Building Block in NCCoE facilities Events: NCCoE governance, business processes, • which will be conducted in a Inventory assets both part of the and NCCoE operational structure, visit enterprise and the solution itself manner consistent with the the NCCoE website http://nccoe.nist. • Be secure against integrity attacks following standards and guidance: gov/. against hosts FIPS 200, FIPS 201 (for the Data • Be secure against integrity attacks Integrity: Identifying and Protecting Kevin A. Kimball, that occur on the network Assets Against Ransomware and Chief of Staff. • Support secure backups Other Destructive Events Project), [FR Doc. 2018–08829 Filed 4–26–18; 8:45 am] • Provide protected network and SP 800–53, FIPS 140–2, SP 800–37, BILLING CODE 3510–13–P remote access SP 800–57, SP 800–61, SP 800–83, • Provide audit capabilities SP 800–150, SP 800–160, and SP 2 For Data Integrity: Detecting and 800–184. DEPARTMENT OF COMMERCE Responding to Ransomware and Additional details about the Data Other Destructive Events: Integrity Building Block are available at: National Oceanic and Atmospheric • Detect unauthorized or malicious https://nccoe.nist.gov/projects/building- Administration (NOAA) activity on the network blocks/data-integrity. • National Sea Grant Advisory Board Detect unauthorized or malicious NIST cannot guarantee that all of the (NSGAB); Public Meeting of the mobile code (such as web products proposed by respondents will National Sea Grant Advisory Board technologies like JavaScript, be used in the demonstration. Each VBScript, and other code executed prospective participant will be expected AGENCY: Office of Oceanic and but loaded from an external site) to work collaboratively with NIST staff Atmospheric Research (OAR), National • Detect unauthorized or malicious and other project participants under the Oceanic and Atmospheric executables terms of the consortium CRADA in the Administration (NOAA), Department of • Detect unauthorized or malicious development of the Data Integrity Commerce (DOC). behavior Building Block. Prospective ACTION: Notice of public meeting. • Report unauthorized or malicious participants’ contribution to the activity on the network collaborative effort will include SUMMARY: This notice sets forth the • Report unauthorized or malicious assistance in establishing the necessary schedule and proposed agenda of a mobile code events interface functionality, connection and forthcoming meeting of the NSGAB. • Report unauthorized or malicious set-up capabilities and procedures, NSGAB members will discuss and executables demonstration harnesses, environmental provide advice on the National Sea • Report unauthorized or malicious and safety conditions for use, integrated Grant College Program (Sea Grant), behavior platform user instructions, and specifically to review and approve the • Analyze the impact of unauthorized demonstration plans and scripts 2018 Biennial Report to Congress, and or malicious activity on the network necessary to demonstrate the desired any other matters as described in the • Analyze the impact of unauthorized capabilities. Each participant will train agenda found on the Sea Grant website or malicious mobile code events NIST personnel, as necessary, to operate at http://seagrant.noaa.gov/WhoWeAre/ • Analyze the impact of unauthorized its product in capability Leadership/NationalSeaGrantAdvisory or malicious executables demonstrations. Following successful Board/UpcomingAdvisory • Analyze the impact of unauthorized demonstrations, NIST will publish a BoardMeetings.aspx. or malicious behavior description of the security platform and DATES: The announced meeting is • Mitigate the impact of unauthorized its performance characteristics sufficient scheduled for Monday, May 14, 2018, or malicious activity on the network to permit other organizations to develop from 3:00 p.m. to 4:30 p.m. ET.
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ADDRESSES: The meeting will be held DEPARTMENT OF COMMERCE 4. May 21, 2018, 3:00 p.m. EDT—Webinar via conference call and webinar. Public (Registration Required) access is available at 1315 East-West National Oceanic and Atmospheric Dated: April 24, 2018. Highway, Bldg.3, Room #01303, Silver Administration Donna S. Wieting, Spring, MD 20910. In order to attend in RIN 0648–XG041 Director, Office of Protected Resources, person or via conference call/webinar, National Marine Fisheries Service. please R.S.V.P to Donna Brown (contact Programmatic Environmental Impact [FR Doc. 2018–08892 Filed 4–26–18; 8:45 am] information below) by Friday, May 4, Statement for the Marine Mammal BILLING CODE 3510–22–P 2018. Health and Stranding Response FOR FURTHER INFORMATION CONTACT: For Program any questions concerning the meeting, DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries please contact Ms. Donna Brown, Service (NMFS), National Oceanic and National Sea Grant College Program, National Oceanic and Atmospheric Atmospheric Administration (NOAA), National Oceanic and Atmospheric Administration Commerce. Administration, 1315 East-West RIN 0648–XG132 Highway, Room 11717, Silver Spring, ACTION: Notice of intent to prepare a Maryland, 20910, 301–734–1088 or Programmatic Environmental Impact Takes of Marine Mammals Incidental [email protected]. Statement (PEIS); request for comments; To Specified Activities; Taking Marine SUPPLEMENTARY INFORMATION: correction. Mammals Incidental to the South Basin Status: The meeting will be open to Improvements Project at the San SUMMARY: This notice contains public participation with a 10-minute corrections to the scoping meeting times Francisco Ferry Terminal public comment period on Monday, published on April 2, 2018, in the DATES May 14, 2018 at 4:10 p.m. ET. (check AGENCY: National Marine Fisheries section of a notice of intent for the agenda using link in the Summary Service (NMFS), National Oceanic and Marine Mammal Health and Stranding section to confirm time.) Atmospheric Administration (NOAA), The NSGAB expects that public Response Program (MMHSRP) to Commerce. prepare a PEIS. This action is necessary statements presented at its meetings will ACTION: Notice; proposed incidental not be repetitive of previously to correct an error in the times of the in- harassment authorization; request for submitted verbal or written statements. person scoping meeting and webinars comments. In general, each individual or group published in the Federal Register. making a verbal presentation will be DATES: This correction is applicable as SUMMARY: NMFS has received a request limited to a total time of three (3) of April 27, 2018. from the San Francisco Bay Area Water minutes. Written comments should be FOR FURTHER INFORMATION CONTACT: Emergency Transportation Authority received by Ms. Donna Brown by Stephen Manley, NMFS, Office of (WETA) for authorization to take marine Monday, May 7, 2018 to provide Protected Resources, 301–427–8402, mammals incidental to Downtown San sufficient time for NSGAB review. [email protected]. Francisco Ferry Terminal Expansion Written comments received after the SUPPLEMENTARY INFORMATION: Project, South Basin Improvements deadline will be distributed to the Project in San Francisco, California. NSGAB, but may not be reviewed prior Background Pursuant to the Marine Mammal to the meeting date. Seats will be A notice of intent for the MMHSRP to Protection Act (MMPA), NMFS is available on a first-come, first-serve prepare a PEIS published on April 2, requesting comments on its proposal to basis. 2018 (83 FR 13955). This correction issue an incidental harassment Special Accommodations: These replaces the meeting times in the notice. authorization (IHA) to incidentally take meetings are physically accessible to marine mammals during the specified people with disabilities. Requests for Need for Correction activities. NMFS will consider public sign language interpretation or other As published, in the DATES section, on comments prior to making any final auxiliary aids should be directed to Ms. page 13956 of the Federal Register, the decision on the issuance of the Donna Brown by Friday, May 4, 2018. times of the in-person scoping meeting requested MMPA authorizations and The NSGAB, which consists of a on May 18, 2018, and scoping webinar agency responses will be summarized in balanced representation from academia, on May 21, 2018, were incorrect. This the final notice of our decision. industry, state government and citizens correction does not change NMFS’ DATES: Comments and information must groups, was established in 1976 by intent to prepare a PEIS for the be received no later than May 29, 2018. Section 209 of the Sea Grant MMHSRP. The correct dates and times ADDRESSES: Comments should be Improvement Act (Pub. L. 94–461, 33 of the public scoping meeting and addressed to Jolie Harrison, Chief, U.S.C. 1128). The NSGAB advises the webinars are as follows: Permits and Conservation Division, Secretary of Commerce and the Director DATES: Comments must be received by Office of Protected Resources, National of Sea Grant with respect to operations June 1, 2018. Those wishing to attend Marine Fisheries Service. Physical under the Act, and such other matters either the webinars or in-person meeting comments should be sent to 1315 East- as the Secretary refers to them for must register at https://mmhsrp- West Highway, Silver Spring, MD 20910 review and advice. peis.eventbrite.com. Scoping meetings and electronic comments should be sent Dated: April 19, 2018. are scheduled as follows: to [email protected]. David Holst, 1. May 1, 2018, 3 p.m. EDT—Webinar Instructions: NMFS is not responsible (Registration Required) for comments sent by any other method, Chief Financial Officer/Administrative 2. May 15, 2018, 3:30 p.m. EDT—Webinar Officer, Office of Oceanic and Atmospheric (Registration Required) to any other address or individual, or Research, National Oceanic and Atmospheric 3. May 18, 2018, 10:30 a.m. EDT—(valid ID received after the end of the comment Administration. compliant with the REAL ID Act period. Comments received [FR Doc. 2018–08931 Filed 4–26–18; 8:45 am] required)—NOAA Science Center, 1301 electronically, including all BILLING CODE 3510–KA–P East West Highway, Silver Spring, MD attachments, must not exceed a 25-
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megabyte file size. Attachments to attempt to harass, hunt, capture, or kill June 29, 2017). WETA complied with all electronic comments will be accepted in any marine mammal. the requirements (e.g., mitigation, Microsoft Word or Excel or Adobe PDF Except with respect to certain monitoring, and reporting) of the file formats only. All comments activities not pertinent here, the MMPA previous IHA and information regarding received are a part of the public record defines ‘‘harassment’’ as any act of their monitoring results may be found in and will generally be posted online at pursuit, torment, or annoyance which (i) the ‘‘Estimated Take’’ section. https://www.fisheries.noaa.gov/ has the potential to injure a marine Description of Proposed Activity national/marine-mammal-protection/ mammal or marine mammal stock in the incidental-take-authorizations- wild (Level A harassment); or (ii) has Overview the potential to disturb a marine construction-activities without change. WETA is proposing to expand All personal identifying information mammal or marine mammal stock in the wild by causing disruption of behavioral berthing capacity at the Downtown San (e.g., name, address) voluntarily Francisco Ferry Terminal, located at the submitted by the commenter may be patterns, including, but not limited to, migration, breathing, nursing, breeding, San Francisco Ferry Building, to publicly accessible. Do not submit support existing and future planned confidential business information or feeding, or sheltering (Level B harassment). water transit services operated on San otherwise sensitive or protected Francisco Bay by WETA and WETA’s information. National Environmental Policy Act emergency operations. FOR FURTHER INFORMATION CONTACT: To comply with the National The Downtown San Francisco Ferry Amy Fowler, Office of Protected Environmental Policy Act of 1969 Terminal Expansion Project would Resources, NMFS, (301) 427–8401. (NEPA; 42 U.S.C. 4321 et seq.) and eventually include phased construction Electronic copies of the application and NOAA Administrative Order (NAO) of three new water transit gates and supporting documents, as well as a list 216–6A, NMFS must review our overwater berthing facilities, in addition of the references cited in this document, proposed action (i.e., the issuance of an to supportive landside improvements, may be obtained online at: https:// incidental harassment authorization) such as additional passenger waiting www.fisheries.noaa.gov/national/ with respect to potential impacts on the and queueing areas, circulation marine-mammal-protection/incidental- human environment. improvements, and other water transit- take-authorizations-construction- This action is consistent with related amenities. The new gates and activities. In case of problems accessing categories of activities identified in other improvements would be designed these documents, please call the contact Categorical Exclusion B4 (incidental to accommodate future planned water listed above. harassment authorizations with no transit services between Downtown San SUPPLEMENTARY INFORMATION: anticipated serious injury or mortality) Francisco and Antioch, Berkeley, Martinez, Hercules, Redwood City, Background of the Companion Manual for NOAA Administrative Order 216–6A, which do Richmond, and Treasure Island, as well Sections 101(a)(5)(A) and (D) of the not individually or cumulatively have as emergency operation needs. MMPA (16 U.S.C. 1361 et seq.) direct the potential for significant impacts on According to current planning and the Secretary of Commerce (as delegated the quality of the human environment operating assumptions, WETA will not to NMFS) to allow, upon request, the and for which we have not identified require all three new gates (Gates A, F, incidental, but not intentional, taking of any extraordinary circumstances that and G) to support existing and new small numbers of marine mammals by would preclude this categorical services immediately. As a result, U.S. citizens who engage in a specified exclusion. Accordingly, NMFS has WETA is planning that project activity (other than commercial fishing) preliminarily determined that the construction will be phased. The first within a specified geographical region if issuance of the proposed IHA qualifies phase will include construction of Gates certain findings are made and either to be categorically excluded from F and G, as well as other related regulations are issued or, if the taking is further NEPA review. improvements in the South Basin. limited to harassment, a notice of a We will review all comments Dates and Duration proposed authorization is provided to submitted in response to this notice the public for review. prior to concluding our NEPA process In-water construction activities (i.e., An authorization for incidental or making a final decision on the IHA pile driving) will be scheduled to be takings shall be granted if NMFS finds request. completed during the authorized work that the taking will have a negligible window for construction in San impact on the species or stock(s), will Summary of Request Francisco Bay established by the Long- not have an unmitigable adverse impact On January 22, 2018, NMFS received Term Management Strategy. In the on the availability of the species or a request from WETA for an IHA to take project area, the authorized in-water stock(s) for subsistence uses (where marine mammals incidental to work window is June 1 through relevant), and if the permissible expansion and improvements at the November 30. WETA estimates the methods of taking and requirements downtown San Francisco ferry terminal. project may take up to 41 days of pertaining to the mitigation, monitoring The application was determined to be activity within the in-water work and reporting of such takings are set adequate and complete on April 10, window. This proposed authorization forth. 2018. WETA’s request is for take of would be valid from June 1, 2018 NMFS has defined ‘‘negligible seven species of marine mammals by through May 31, 2019. impact’’ in 50 CFR 216.103 as an impact Level B harassment only. This Specific Geographic Region resulting from the specified activity that authorization would be valid from June cannot be reasonably expected to, and is 1, 2018 to May 31, 2019. Neither WETA The San Francisco ferry terminal is not reasonably likely to, adversely affect nor NMFS expect serious injury or located in the western shore of San the species or stock through effects on mortality to result from this activity Francisco Bay (see Figure 1 of WETA’s annual rates of recruitment or survival. and, therefore, an IHA is appropriate. application). The ferry terminal is five The MMPA states that the term ‘‘take’’ NMFS previously issued an IHA to blocks north of the San Francisco- means to harass, hunt, capture, kill or WETA for similar work (82 FR 29521, Oakland Bay Bridge (Bay Bridge). More
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specifically, the South Basin of the increase in peak-period WETA vessel Gates B and E. The berthing structures terminal is located between Pier 14 and arrivals from 14 to approximately 30. In will be fabricated offsite and floated to the ferry plaza. San Francisco Bay and addition to regularly scheduled ferry the project area by barge. the adjacent Sacramento-San Joaquin transit, facility improvements would Six steel guide piles will be required Delta make up one of the largest allow for increased capacity for to secure each float in place. In estuarine systems on the continent. The emergency use. With the improvements addition, dolphin piles may be used at Bay has undergone extensive in place, WETA will have the capacity each berthing structure to protect industrialization, but remains an to evacuate approximately 7,200 against the collision of vessels with important environment for healthy passengers per hour from its four gates. other structures or vessels. A total of up marine mammal populations year The new gates (Gates F and G) will be to 14 dolphin piles may be installed, round. The area surrounding the built similarly. Each gate will be consisting of ten new dolphin piles and proposed activity is an intertidal designed with an entrance portal—a four relocated dolphin piles. landscape with heavy industrial use and prominent doorway providing passenger Chock-block fendering will be added boat traffic. information and physically separating along the East Bayside Promenade, to Detailed Description of Specific Activity the berthing structures from the adjacent structures to prevent collision. surrounding area. The entrance portal The project supports existing and The chock-block fendering will consist future planned water transit services will also contain doors, which can be of square, 12-inch-wide, polyurethane- operated by WETA and regional policies secured. coated, pressure-treated wood blocks to encourage transit uses. Furthermore, Berthing structures will be provided that are connected along the side of the the project addresses deficiencies in the for each new gate, consisting of floats, adjacent pier structure, and supported transportation network that impede gangways, and guide piles. Figure 3 of by polyurethane-coated, pressure- water transit operation, passenger WETA’s application depicts a simulated treated wood piles. access, and passenger circulation at the view of the proposed berthing In addition, the existing Gate E float Ferry Terminal. structures. The steel floats will be will be moved 43 ft to the east, to align The project will accommodate the approximately 42 feet (ft) wide by 135 with the new gates and the East Bayside existing and future planned water ft long. The steel truss gangways will be Promenade. The existing six 36-inch (in) transit service outlined in WETA’s approximately 14 ft wide and 105 ft diameter steel guide piles will be Implementation and Operations Plan for long. The gangway will be designed to removed using vibratory extraction, and the San Francisco Bay Area. The rise and fall with tidal variations while reinstalled to secure the Gate E float in addition of two new gates will meeting Americans with Disabilities Act place. Because of Gate E’s new location, accommodate an expansion of WETA (ADA) requirements. The gangway and to meet ADA requirements, the existing services from 5,100 to 19,160 passengers the float will be designed with canopies, 90 ft steel truss gangway will be per weekday by the year 2035; and an consistent with the current design of replaced with a longer, 105 ft gangway.
TABLE 1—SUMMARY OF PILE INSTALLATION
Pile diameter Pile length Schedule Project element (in) (ft) Number of piles (days)
Embarcadero Plaza, East Bayside Promenade, and Interim 30 135 to 155 ..... 18 ...... Up to 9. Access Structure. Embarcadero Plaza, East Bayside Promenade, and Interim 24 135 to 155 ..... 30 ...... Up to 15. Access Structure. Gates E, F, and G Dolphin Piles ...... 36 145 to 155 ..... 10 (two at each of the floats Up to 5. for protection, two between each of the floats). Gate F and G Guide Piles ...... 36 140 to 150 ..... 12 (six per gate) ...... Up to 6. Gate E Guide Piles ...... 36 145 to 155 ..... 6 ...... Up to 3. Barrier Piles near Pier 14 ...... 24 135 to 155 ..... 5 ...... Up to 3. Total ...... 81 piles ...... 41.
Construction of the project install up to four piles per day and Proposed mitigation, monitoring, and improvements requires pile driving. Pile impact driving may install up to three reporting measures are described in driving for the project includes impact piles per day but a conservative estimate detail later in this document (please see or vibratory pile driving associated with of two piles per day is used to estimate ‘‘Proposed Mitigation’’ and ‘‘Proposed construction of the berthing structures, the duration of the project. Vibratory Monitoring and Reporting’’). the Embarcadero Plaza, and East driving of 24-in and 30-in piles may Description of Marine Mammals in the Bayside Promenade. Much of the pile take up to 15 minutes per pile while Area of Specified Activities driving associated with the project was vibratory driving of 36-in piles may take completed in 2017 and was covered up to 20 minutes per pile. Piles driven Sections 4 and 5 of the application under a previous IHA. All pile driving with an impact hammer will require an summarize available information completed in 2017 was vibratory; no estimated 1800 strikes per pile, regarding status and trends, distribution impact pile driving was conducted. The regardless of pile size. Underwater and habitat preferences, and behavior pile sizes and numbers that will be sound and acoustic pressure resulting and life history, of the potentially driven in 2018 are detailed in Table 1. from pile driving could affect marine affected species. Additional information Pile driving will occur during daylight mammals by causing behavioral regarding population trends and threats hours only and one hammer will be avoidance of the construction area, and/ may be found in NMFS’s Stock used at a time. Vibratory driving may or injury to sensitive species. Assessment Reports (SAR;
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www.fisheries.noaa.gov/national/ Taxonomy (2016). PBR is defined by the the total number of individuals that marine-mammal-protection/marine- MMPA as the maximum number of make up a given stock or the total mammal-stock-assessments) and more animals, not including natural number estimated within a particular general information about these species mortalities, that may be removed from a study or survey area. NMFS’s stock (e.g., physical and behavioral marine mammal stock while allowing abundance estimates for most species descriptions) may be found on NMFS’s that stock to reach or maintain its represent the total estimate of website (www.fisheries.noaa.gov/find- optimum sustainable population (as individuals within the geographic area, species). described in NMFS’s SARs). While no if known, that comprises that stock. For Table 2 lists all species with expected mortality is anticipated or authorized some species, this geographic area may potential for occurrence near downtown here, PBR and annual serious injury and extend beyond U.S. waters. All managed San Francisco and summarizes mortality from anthropogenic sources stocks in this region are assessed in information related to the population or are included here as gross indicators of NMFS’s U.S. 2016 SARs (Caretta et al., stock, including regulatory status under the status of the species and other 2017). All values presented in Table 2 the MMPA and ESA and potential threats. are the most recent available at the time biological removal (PBR), where known. Marine mammal abundance estimates of publication and are available in the For taxonomy, we follow Committee on presented in this document represent 2016 SARs (Caretta et al., 2017).
TABLE 2—MARINE MAMMALS IN THE VICINITY OF DOWNTOWN SAN FRANCISCO
ESA/MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, Nmin, most recent PBR strategic M/SI 3 abundance survey) 2 (Y/N) 1
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Eschrichtiidae
Gray whale ...... Eschrichtius robustus .... Eastern North Pacific .... -/-; N 20,990 (0.05, 20,125, 624 132 2011).
Family Balaenopteridae (rorquals)
Humpback whale ...... Megaptera novaeangliae California/Oregon/Wash- E/D; Y 1,918 (0.03, 1,876, 11 >6.5 ington. 2014).
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae
Bottlenose dolphin ...... Tursiops truncatus ...... California Coastal ...... -/-; N 453 (0.06, 346, 2011) ... 2.7 >2
Family Phocoenidae (porpoises)
Harbor porpoise ...... Phocoena phocoena ..... San Francisco-Russian -/-; N 9,886 (0.51, 6,625, 66 0 River. 2011).
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
California sea lion ...... Zalophus californianus .. U.S...... -/-; N 296,750 (n/a, 153,337, 9,200 389 2011). Northern fur seal ...... Callorhinus ursinus ...... California ...... -/-; N 14,050 (n/a, 7,524, 451 1.8 2013). Guadalupe fur seal ...... Arctocephalus Mexico to California ...... T/D; Y 20,000 (n/a, 15,830, 542 >3.2 townsendi. 2010).
Family Phocidae (earless seals)
Pacific harbor seal ...... Phoca vitulina richardii .. California ...... -/-; N 30,968 (n/a, 27,348, 1,641 43 2012). Northern elephant seal .. Mirounga angustirostris California Breeding ...... -/-; N 179,000 (n/a, 81,368, 4,882 8.8 2010). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. Note—Italicized species are not expected to be taken or proposed for authorization.
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All species that could potentially Between December and January, late- and benthic species, such as schooling occur in the proposed survey areas are stage pregnant females, adult males, and fish and cephalopods (NMFS 2014). included in Table 2. However, the immature females and males migrate California Sea Lion temporal and/or spatial occurrence of southward to breeding areas around humpback whales and Guadalupe fur Mexico. The northward migration California sea lions are sexually seals is such that take is not expected to occurs between February and March. dimorphic eared seals (family occur, and they are not discussed Coastal waters just outside San Otariidae). Males can reach up to 8 ft further beyond the explanation Francisco Bay are considered a long and weigh 700 pounds whereas provided here. Humpback whales are migratory Biological Important Area for females are smaller, approximately 6 ft rare visitors to the interior of San the northward progression of gray long and 200 pounds. California sea Francisco Bay. A recent, seasonal influx whales (Calambokidis et al., 2015). lions breed in southern California and of humpback whales inside San During this time, recently pregnant along the Channel Islands during the Francisco Bay near the Golden Gate was females, adult males, immature females, spring. Although most females remain recorded from April to November in and females with calves move north to in southern California waters year- 2016 and 2017 (Keener 2017). The the feeding grounds (Calambokidis et round, males and some subadult Golden Gate is outside of this project’s al., 2014). A few individuals enter into females range widely and occupy action area and humpback whales are the San Francisco Bay during their protected embayments like San not expected to be present during the northward migration. Some gray whales Francisco Bay throughout the year project. Guadalupe fur seals summer along the west coast of North (Caltrans 2012). Pupping does not occur occasionally range into the waters of America to forage and are additionally in San Francisco Bay. They are Northern California and the Pacific defined as the Pacific Coast Feeding extremely intelligent and social, and Northwest. The Farallon Islands (off Group. This group is separately spend much of their time aggregated at central California) and Channel Islands monitored between June 1 and communal haulouts. Group hunting is (off southern California) are used as November 1 between northern common and they may cooperate with haulouts during these movements California and northern British other species, such as dolphins, when (Simon 2016). Juvenile Guadalupe fur Columbia by the International Whaling hunting large schools of fish. California seals occasionally strand in the vicinity Commission (IWC 2012; Calambokidis sea lions feed on a variety of fish and of San Francisco, especially during El et al., 2015). The Pacific Coast Feeding squid species (NMFS 2015b). During El Nin˜ o events, there is an Nin˜ o events. Most strandings along the Group has increased in abundance increase in pup and juvenile mortality, California coast are animals younger estimates since the 1990s and has been than two years old, with evidence of which in turn affects future age and sex stable since 2003 (Calambokidis et al., classes. Additionally, because there are malnutrition (NMFS 2017c). In the rare 2014). event that a Guadalupe fur seal is fewer females present in the population detected within the Level A or Level B Bottlenose Dolphin after such events, pup production is harassment zones, work will cease until further limited. Declines in pup Since the 1982–83 El Nin˜ o, which production observed in 2000 and 2003 the animal has left the area (see increased water temperatures off ‘‘Proposed Mitigation’’). can be attributed in part to previous El California, bottlenose dolphins have Nin˜ o events, which affected the number Gray Whale been consistently sighted along the of reproductive females in the Gray whales are large baleen whales. central California coast (NMFS 2017b). population, and in part to domoic They grow to approximately 50 ft in The northern limit of their regular range poisoning and an infestation of hook length and weigh up to 40 tons. They is currently the Pacific coast off San worms, which caused an increase in are one of the most frequently seen Francisco and Marin Country and they pup mortality (NMFS 2017a). There was whales along the California coast, easily occasionally enter San Francisco Bay, an unusual mortality event declared in recognized by their mottled gray color sometimes foraging for fish in Fort Point 2013 due to a high number of strandings and lack of dorsal fin. Adult whales Cove, just inside the Golden Gate with reasons unknown, but carry heavy loads of attached barnacles, Bridge. The California Coastal Stock is hypothesized to be associated with low which add to their mottled appearance. frequently seen in nearshore waters forage fish availability close to pupping Gray whales are divided into the Eastern (NMFS 2017b). Members of the areas (NMFS 2015b). Despite North Pacific and Western North Pacific California Coastal stock are transient intermittent years of increased pup stocks. Both stocks migrate each year and make movements up and down the mortality, statistical analyses of pup along the west coast of continental coast into some estuaries, throughout counts between 1975 and 2011 North America and Alaska. The Eastern the year. determined an approximate 5.4 percent North Pacific stock is much larger and Harbor Porpoise annual increase between 1975 and 2008 is more likely to occur in the San (NMFS 2017a). Francisco Bay area. With the exception Harbor porpoises generally occur in Although there is little information of an unusual mortality event in 1999 groups of two to five individuals and are regarding the foraging behavior of the and 2000, the population of Eastern considered to be shy, relatively California sea lion in the San Francisco North Pacific stock has increased over nonsocial animals. The harbor porpoise Bay, they have been observed foraging the last 20 years and has been stable has a small body, with a short beak and on a regular basis in the shipping since the 1990s (NMFS 2015c). medium-sized dorsal fin. They can grow channel south of Yerba Buena Island. Gray whales are the only baleen to approximately 5 ft and 170 pounds. Foraging grounds have also been whale known to feed on the sea floor, Distribution of harbor porpoises is identified for pinnipeds, including sea where they scoop up bottom sediments discontinuous due to a habitat lions, between Yerba Buena Island and to filter out benthic crustaceans, preference of continental shelf waters. Treasure Island, as well as off the mollusks, and worms (NMFS 2015c). Harbor porpoises are typically found in Tiburon Peninsula (Caltrans 2001). They feed in northern waters primarily waters less than 250 ft deep along the California sea lions in the San Francisco off the Bering, Chukchi, and western coast and in bays, estuaries, and Bay may be feeding on Pacific herring Beaufort Seas during the summer. harbors. Their prey consists of demersal (Clupea harengus pallasii), northern
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anchovy (Engraulis mordax), or other staghorn sculpin (Leptocottus armatus), assess the potential effects of exposure prey species (Caltrans 2013). plainfin midshipman (Porichthys to sound, it is necessary to understand notatus), and white croaker the frequency ranges marine mammals Northern Fur Seal (Genyonemus lineatas) (Harvey and are able to hear. Current data indicate The range of the northern fur seal Torok 1994). that not all marine mammal species extends from southern California, north Although solitary in the water, harbor have equal hearing capabilities (e.g., to the Bering Sea and west to the seals come ashore at haulouts to rest, Richardson et al., 1995; Wartzok and Okhotsk Sea and Honshu Island, Japan socialize, breed, nurse, molt, and Ketten 1999; Au and Hastings 2008). To (NMFS 2015e). There are two stocks of thermoregulate. Habitats used as reflect this, Southall et al. (2007) northern fur seal, the California stock haulout sites include tidal rocks, recommended that marine mammals be and the Eastern Pacific stock. The bayflats, sandbars, and sandy beaches divided into functional hearing groups Eastern Pacific stock is listed as strategic (Zeiner et al., 1990). Haulout sites are based on directly measured or estimated and depleted under the MMPA but the relatively consistent from year to year hearing ranges on the basis of available California stock is not (NMFS 2015e). (Kopec and Harvey 1995) and females behavioral response data, audiograms Both the Eastern Pacific and California have been recorded returning to their derived using auditory evoked potential stocks forage in offshore waters outside own natal haulout to breed techniques, anatomical modeling, and San Francisco Bay. During the breeding (Cunningham et al., 2009). Although other data. Note that no direct season, the majority of the worldwide harbor seals haul out at approximately measurements of hearing ability have population is found on the Pribilof 20 locations around San Francisco Bay, been successfully completed for Islands in the Southern Bering Sea, with there are three primary sites: Mowry mysticetes (i.e., low-frequency the remaining animals spread Slough in the South Bay, Corte Madera cetaceans). Subsequently, NMFS (2016) throughout the North Pacific Ocean. On Marsh and Castro Rocks in the North described generalized hearing ranges for the coast of California, small breeding Bay, and Yerba Buena Island in the these marine mammal hearing groups. colonies are present at San Miguel Central Bay (Grigg 2008; Gibble 2011). Generalized hearing ranges were chosen Island off southern California and the Yerba Buena Island is the closest based on the approximately 65 decibels Farallon Islands off central California haulout to the project, located (dB) threshold from the normalized (NMFS 2015e). Northern fur seals are a approximately 1.5 miles from the composite audiograms, with the pelagic species and are rarely seen near project location. Harbor seals use Yerba exception for lower limits for low- the shore away from breeding areas. Buena Island year-round, with the frequency cetaceans where the lower Harbor Seal largest numbers seen during winter bound was deemed to be biologically months, when Pacific herring spawn implausible and the lower bound from The Pacific harbor seal is one of five (Grigg 2008). During marine mammal Southall et al. (2007) retained. The subspecies of Phoca vitulina, or the monitoring for construction of the new functional groups and the associated common harbor seal. They are a true Bay Bridge, harbor seal counts at Yerba frequencies are indicated below (note seal, with a rounded head and visible Buena Island ranged from zero to a that these frequency ranges correspond ear canal. Males and females are similar maximum of 188 individuals (Caltrans to the range for the composite group, in size and can exceed 6 ft and 300 2012). Higher numbers may occur with the entire range not necessarily pounds. Harbor seals generally do not during molting and breeding seasons. reflecting the capabilities of every migrate annually. They display year- Northern Elephant Seal species within that group): round site fidelity, although they have • Low-frequency cetaceans been known to swim several hundred Northern elephant seals are common (mysticetes): Generalized hearing is miles to find food or suitable breeding on California coastal mainland and estimated to occur between habitat. island sites where they pup, breed, rest, approximately 7 hertz (Hz) and 35 Harbor seals have the broadest range and molt. The largest rookeries are on kilohertz (kHz); of any pinniped, inhabiting both the San Nicolas and San Miguel Islands in • Mid-frequency cetaceans (larger Atlantic and Pacific oceans. In the the Northern Channel Islands. In the toothed whales, beaked whales, and Pacific, they are found in nearshore vicinity of San Francisco, elephant seals most delphinids): Generalized hearing is coastal and estuarine habitats form Baja breed, molt, and haul out at An˜ o Nuevo estimated to occur between California to Alaska, and from Russia to Island, the Farallon Islands, and Point approximately 150 Hz and 160 kHz; Japan. Of the three recognized Reyes National Seashore (Lowry et al., • High-frequency cetaceans populations of harbor seals along the 2014). Both sexes make two foraging (porpoises, river dolphins, and members west coast of the continental U.S., the migrations each year, one after breeding of the genera Kogia and California stock occurs in California and the second after molting (Stewart Cephalorhynchus; including two coastal waters. and DeLong 1995). Adults reside in members of the genus Lagenorhynchus, Harbor seals forage in shallow waters offshore pelagic waters when not on the basis of recent echolocation data on a variety of fish and crustaceans that breeding or molting. Northern elephant and genetic data): Generalized hearing are present throughout San Francisco seals haul out to give birth and breed is estimated to occur between Bay, and therefore could occasionally be from December through March, and approximately 275 Hz and 160 kHz; found foraging in the action area. They pups remain onshore or in adjacent • Pinnipeds in water; Phocidae (true are opportunistic, general foragers shallow water through May, when they seals): Generalized hearing is estimated (Gibble 2011). In San Francisco Bay, may occasionally make brief stops in to occur between approximately 50 Hz harbor seals forage in shallow, intertidal San Francisco Bay (Caltrans 2015b). to 86 kHz; and waters on a variety of fish, crustaceans, • Pinnipeds in water; Otariidae and a few cephalopods. The most Marine Mammal Hearing (eared seals): Generalized hearing is numerous prey items identified in Hearing is the most important sensory estimated to occur between 60 Hz and harbor seal fecal samples from haulouts modality for marine mammals 39 kHz. in San Francisco Bay include yellow fin underwater, and exposure to The pinniped functional hearing goby (Acanthogobius flavimanus), anthropogenic sound can have group was modified from Southall et al. northern anchovy, Pacific herring, deleterious effects. To appropriately (2007) on the basis of data indicating
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that phocid species have consistently amplitude; therefore, relatively small contribute to ambient sound, including demonstrated an extended frequency changes in dB ratings correspond to the following (Richardson et al., 1995): range of hearing compared to otariids, large changes in sound pressure. When • Wind and waves: The complex especially in the higher frequency range referring to sound pressure levels (SPLs; interactions between wind and water (Hemila¨ et al., 2006; Kastelein et al., the sound force per unit area), sound is surface, including processes such as 2009; Reichmuth and Holt 2013). referenced in the context of underwater breaking waves and wave-induced For more detail concerning these sound pressure to 1 microPascal (mPa). bubble oscillations and cavitation, are a groups and associated frequency ranges, One pascal is the pressure resulting main source of naturally occurring please see NMFS (2016) for a review of from a force of one newton exerted over ambient noise for frequencies between available information. Seven marine an area of one square meter. The source 200 Hz and 50 kHz (Mitson 1995). In mammal species (three cetacean and level (SL) represents the sound level at general, ambient sound levels tend to four pinniped (two otariid and two a distance of 1 m from the source increase with increasing wind speed phocid) species) have the reasonable (referenced to 1 mPa). The received level and wave height. Surf noise becomes potential to co-occur with the proposed is the sound level at the listener’s important near shore, with survey activities. Please refer to Table 2. position. Note that all underwater sound measurements collected at a distance of Of the cetacean species that may be levels in this document are referenced 8.5 km from shore showing an increase present, one is classified as a low- to a pressure of 1 mPa and all airborne of 10 dB in the 100 to 700 Hz band frequency cetacean (gray whale), one is during heavy surf conditions; sound levels in this document are • classified as a mid-frequency cetacean referenced to a pressure of 20 mPa. Precipitation: Sound from rain and (bottlenose dolphin), and one is Root mean square (rms) is the hail impacting the water surface can classified as a high-frequency cetacean quadratic mean sound pressure over the become an important component of total (harbor porpoise). duration of an impulse. Rms is noise at frequencies above 500 Hz, and possibly down to 100 Hz during quiet Potential Effects of Specified Activities calculated by squaring all of the sound amplitudes, averaging the squares, and times; on Marine Mammals and Their Habitat • Biological: Marine mammals can then taking the square root of the This section includes a summary and contribute significantly to ambient noise average (Urick 1983). Rms accounts for discussion of the ways that components levels, as can some fish and shrimp. The of the specified activity may impact both positive and negative values; frequency band for biological marine mammals and their habitat. The squaring the pressures makes all values contributions is from approximately 12 ‘‘Estimated Take by Incidental positive so that they may be accounted Hz to over 100 kHz; and Harassment’’ section later in this for in the summation of pressure levels • Anthropogenic: Sources of ambient document includes a quantitative (Hastings and Popper 2005). This noise related to human activity include analysis of the number of individuals measurement is often used in the transportation (surface vessels and that are expected to be taken by this context of discussing behavioral effects, aircraft), dredging and construction, oil activity. The ‘‘Negligible Impact in part because behavioral effects, and gas drilling and production, seismic Analysis and Determination’’ section which often result from auditory cues, surveys, sonar, explosions, and ocean considers the content of this section, the may be better expressed through acoustic studies. Shipping noise ‘‘Estimated Take by Incidental averaged units than by peak pressures. typically dominates the total ambient Harassment’’ section, and the ‘‘Proposed When underwater objects vibrate or noise for frequencies between 20 and Mitigation’’ section, to draw activity occurs, sound-pressure waves 300 Hz. In general, the frequencies of conclusions regarding the likely impacts are created. These waves alternately anthropogenic sounds are below 1 kHz of these activities on the reproductive compress and decompress the water as and, if higher frequency sound levels success or survivorship of individuals the sound wave travels. Underwater are created, they attenuate rapidly and how those impacts on individuals sound waves radiate in all directions (Richardson et al., 1995). Sound from are likely to impact marine mammal away from the source (similar to ripples identifiable anthropogenic sources other species or stocks. on the surface of a pond), except in than the activity of interest (e.g., a cases where the source is directional. passing vessel) is sometimes termed Description of Sound Sources The compressions and decompressions background sound, as opposed to Sound travels in waves, the basic associated with sound waves are ambient sound. components of which are frequency, detected as changes in pressure by The sum of the various natural and wavelength, velocity, and amplitude. aquatic life and man-made sound anthropogenic sound sources at any Frequency is the number of pressure receptors such as hydrophones. given location and time—which waves that pass by a reference point per Even in the absence of sound from the comprise ‘‘ambient’’ or ‘‘background’’ unit of time and is measured in Hz or specified activity, the underwater sound—depends not only on the SLs (as cycles per second. Wavelength is the environment is typically loud due to determined by current weather distance between two peaks of a sound ambient sound. Ambient sound is conditions and levels of biological and wave; lower frequency sounds have defined as environmental background shipping activity) but also on the ability longer wavelengths than higher sound levels lacking a single source or of sound to propagate through the frequency sounds and attenuate point (Richardson et al., 1995), and the environment. In turn, sound (decrease) more rapidly in shallower sound level of a region is defined by the propagation is dependent on the water. Amplitude is the height of the total acoustical energy being generated spatially and temporally varying sound pressure wave or the ‘loudness’ by known and unknown sources. These properties of the water column and sea of a sound and is typically measured sources may include physical (e.g., floor, and is frequency-dependent. As a using the dB scale. A dB is the ratio waves, earthquakes, ice, atmospheric result of the dependence on a large between a measured pressure (with sound), biological (e.g., sounds number of varying factors, ambient sound) and a reference pressure (sound produced by marine mammals, fish, and sound levels can be expected to vary at a constant pressure, established by invertebrates), and anthropogenic sound widely over both coarse and fine spatial scientific standards). It is a logarithmic (e.g., vessels, dredging, aircraft, and temporal scales. Sound levels at a unit that accounts for large variations in construction). A number of sources given frequency and location can vary
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by 10–20 dB from day to day continuous or non-continuous (ANSI permanent loss of hearing will occur (Richardson et al., 1995). The result is 1995; NIOSH 1998). Some of these non- almost exclusively for noise within an that, depending on the source type and pulsed sounds can be transient signals animal’s hearing range. We first describe its intensity, sound from the specified of short duration but without the specific manifestations of acoustic activity may be a negligible addition to essential properties of pulses (e.g., rapid effects before providing discussion the local environment or could form a rise time). Examples of non-pulsed specific to WETA’s construction distinctive signal that may affect marine sounds include those produced by activities. mammals. vessels, aircraft, machinery operations Richardson et al. (1995) described The underwater acoustic environment such as drilling or dredging, vibratory zones of increasing intensity of effect at the ferry terminal is likely to be pile driving, and active sonar systems that might be expected to occur, in dominated by noise from day-to-day (such as those used by the U.S. Navy). relation to distance from a source and port and vessel activities. This is a The duration of such sounds, as assuming that the signal is within an highly industrialized area with high-use received at a distance, can be greatly animal’s hearing range. First is the area from small- to medium-sized vessels, extended in a highly reverberant within which the acoustic signal would and larger vessel that use the nearby environment. be audible (potentially perceived) to the major shipping channel. Underwater Impact hammers operate by animal, but not strong enough to elicit sound levels for water transit vessels, repeatedly dropping a heavy piston onto any overt behavioral or physiological which operate throughout the day from a pile to drive the pile into the substrate. response. The next zone corresponds the San Francisco Ferry Building ranged Sound generated by impact hammers is with the area where the signal is audible from 152 dB to 177 dB (WETA 2003a). characterized by rapid rise times and to the animal and of sufficient intensity While there are no current high peak levels, a potentially injurious to elicit behavioral or physiological measurements of ambient noise levels at combination (Hastings and Popper responsiveness. Third is a zone within the ferry terminal, it is likely that levels 2005). Vibratory hammers install piles which, for signals of high intensity, the within the basin periodically exceed the by vibrating them and allowing the received level is sufficient to potentially 120 dB threshold and, therefore, that the weight of the hammer to push them into cause discomfort or tissue damage to high levels of anthropogenic activity in the sediment. Vibratory hammers auditory or other systems. Overlaying the basin create an environment far produce significantly less sound than these zones to a certain extent is the different from quieter habitats where impact hammers. Peak SPLs may be 180 area within which masking (i.e., when a behavioral reactions to sounds around dB or greater, but are generally 10 to 20 sound interferes with or masks the the 120 dB threshold have been dB lower than SPLs generated during ability of an animal to detect a signal of observed (e.g., Malme et al., 1984, impact pile driving of the same-sized interest that is above the absolute 1988). pile (Oestman et al., 2009). Rise time is hearing threshold) may occur; the In-water construction activities slower, reducing the probability and masking zone may be highly variable in associated with this project would severity of injury, and sound energy is size. include impact and vibratory pile distributed over a greater amount of We describe the more severe effects driving. The sounds produced by these time (Nedwell and Edwards 2002; (i.e., permanent hearing impairment, activities fall into one of two general Carlson et al., 2005). certain non-auditory physical or sound types: Pulsed and non-pulsed physiological effects) only briefly as we (defined in the following section). The Acoustic Impacts do not expect that there is a reasonable distinction between these two sound Please refer to the information given likelihood that WETA’s activities may types is important because they have previously (Description of Sound result in such effects (see below for differing potential to cause physical Sources) regarding sound, further discussion). Marine mammals effects, particularly with regard to characteristics of sound types, and exposed to high-intensity sound, or to hearing (e.g., Ward 1997 in Southall et metrics used in this document. lower-intensity sound for prolonged al., 2007). Please see Southall et al. Anthropogenic sounds cover a broad periods, can experience hearing (2007) for an in-depth discussion of range of frequencies and sound levels threshold shift (TS), which is the loss of these concepts. and can have a range of highly variable hearing sensitivity at certain frequency Pulsed sound sources (e.g., impacts on marine life, from none or ranges (Kastak et al., 1999; Schlundt et explosions, gunshots, sonic booms, minor to potentially severe responses, al., 2000; Finneran et al., 2002, 2005b). impact pile driving) produce signals depending on received levels, duration TS can be permanent (PTS), in which that are brief (typically considered to be of exposure, behavioral context, and case the loss of hearing sensitivity is not less than one second), broadband, atonal various other factors. The potential fully recoverable, or temporary (TTS), in transients (ANSI 1986; Harris 1998; effects of underwater sound from active which case the animal’s hearing NIOSH 1998; ISO 2003; ANSI 2005) and acoustic sources can potentially result threshold would recover over time occur either as isolated events or in one or more of the following; (Southall et al., 2007). Repeated sound repeated in some succession. Pulsed temporary or permanent hearing exposure that leads to TTS could cause sounds are all characterized by a impairment, non-auditory physical or PTS. In severe cases of PTS, there can relatively rapid rise from ambient physiological effects, behavioral be total or partial deafness, while in pressure to a maximal pressure value disturbance, stress, and masking most cases the animal has an impaired followed by a rapid decay period that (Richardson et al., 1995; Gordon et al., ability to hear sounds in specific may include a period of diminishing, 2004; Nowacek et al., 2007; Southall et frequency ranges (Kryter 1985). oscillating maximal and minimal al., 2007; Gotz et al., 2009). The degree When PTS occurs, there is physical pressures, and generally have an of effect is intrinsically related to the damage to the sound receptors in the ear increased capacity to induce physical signal characteristics, received level, (i.e., tissue damage), whereas TTS injury as compared with sounds that distance from the source, and duration represents primarily tissue fatigue and lack these features. of the sound exposure. In general, is reversible (Southall et al., 2007). In Non-pulsed sounds can be tonal, sudden, high level sounds can cause addition, other investigators have narrowband, or broadband, brief or hearing loss, as can longer exposures to suggested that TTS is within the normal prolonged, and may be either lower level sounds. Temporary or bounds of physiological variability and
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tolerance and does not represent Depending on the degree (elevation of individuals but also within an physical injury (e.g., Ward 1997). threshold in dB), duration (i.e., recovery individual, depending on previous Therefore, NMFS does not consider TTS time), and frequency range of TTS, and experience with a sound source, to constitute auditory injury. the context in which it is experienced, context, and numerous other factors Relationships between TTS and PTS TTS can have effects on marine (Ellison et al., 2012), and can vary thresholds have not been studied in mammals ranging from discountable to depending on characteristics associated marine mammals—PTS data exists only serious. For example, a marine mammal with the sound source (e.g., whether it for a single harbor seal (Kastak et al., may be able to readily compensate for is moving or stationary, number of 2008)—but are assumed to be similar to a brief, relatively small amount of TTS sources, distance from the source). those in humans and other terrestrial in a non-critical frequency range that Please see Appendices B–C of Southall mammals. PTS typically occurs at occurs during a time where ambient et al. (2007) for a review of studies exposure levels at least several dB above noise is lower and there are not as many involving marine mammal behavioral a 40-dB threshold shift approximates competing sounds present. responses to sound. PTS onset; e.g., Kryter et al., 1966; Alternatively, a larger amount and Habituation can occur when an Miller 1974) that inducing mild TTS (a longer duration of TTS sustained during animal’s response to a stimulus wanes 6-dB TS approximates TTS onset; e.g., time when communication is critical for with repeated exposure, usually in the Southall et al., 2007). Based on data successful mother/calf interactions absence of unpleasant associated events from terrestrial mammals, a could have more serious impacts. (Wartzok et al., 2003). Animals are most precautionary assumption is that the Currently, TTS data only exist for four likely to habituate to sounds that are PTS thresholds for impulse sounds species of cetaceans (bottlenose predictable and unvarying. It is (such as impact pile driving pulses as dolphin, beluga whale [Delphinapterus important to note that habituation is received close to the source) are at least leucas], harbor porpoise, and Yangtze appropriately considered as a 6 dB higher than the TTS threshold on finless porpoise [Neophocoena ‘‘progressive reduction in response to a peak-pressure basis and PTS asiaeorientalis]) and three species of stimuli that are perceived as neither cumulative sound exposure level pinnipeds (northern elephant seal, aversive nor beneficial,’’ rather than as, thresholds are 15 to 20 dB higher than harbor seal, and California sea lion) more generally, moderation in response TTS cumulative sound exposure level exposed to a limited number of sound to human disturbance (Bejder et al., thresholds (Southall et al., 2007). Given sources (i.e., mostly tones and octave- 2009). The opposite process is the higher level of sound or longer band noise) in laboratory settings (e.g., sensitization, when an unpleasant exposure duration necessary to cause Finneran et al., 2002; Nachtigall et al., experience leads to subsequent PTS as compared with TTS, it is 2004; Kastak et al., 2005; Lucke et al., responses, often in the form of considerably less likely that PTS could 2009; Popov et al., 2011). In general, avoidance, at a lower level of exposure. occur. harbor seals (Kastak et al., 2005; As noted, behavioral state may affect the Non-auditory physiological effects or Kastelein et al., 2012a) and harbor type of response. For example, animals injuries that theoretically might occur in porpoises (Lucke et al., 2009; Kastelein that are resting may show greater marine mammals exposed to high level et al., 2012b) have a lower TTS onset behavioral change in response to underwater sound or as a secondary than other measured pinniped or disturbing sound levels than animals effect of extreme behavioral reactions cetacean species. Additionally, the that are highly motivated to remain in (e.g., change in dive profile as a result existing marine mammal TTS data come an area for feeding (Richardson et al., of an avoidance reaction) caused by from a limited number of individuals 1995; NRC 2003; Wartzok et al., 2003). exposure to sound include neurological within these species. There are no data Controlled experiments with captive effects, bubble formation, resonance available on noise-induced hearing loss marine mammals have showed effects, and other types of organ or for mysticetes. For summaries of data on pronounced behavioral reactions, tissue damage (Cox et al., 2006; Southall TTS in marine mammals or for further including avoidance of loud sound et al., 2007; Zimmer and Tyack 2007). discussion of TTS onset thresholds, sources (Ridgway et al., 1997; Finneran WETA’s activities do not involve the please see Southall et al. (2007) and et al., 2003). Observed responses of wild use of devices such as explosives or Finneran and Jenkins (2012). marine mammals to loud pulsed sound mid-frequency active sonar that are Behavioral effects—Behavioral sources (typically seismic airguns or associated with these types of effects. disturbance may include a variety of acoustic harassment devices) have been Temporary threshold shift—TTS is effects, including subtle changes in varied but often consist of avoidance the mildest form of hearing impairment behavior (e.g., minor or brief avoidance behavior or other behavioral changes that can occur during exposure to sound of an area or changes in vocalizations), suggesting discomfort (Morton and (Kryter 1985). While experiencing TTS, more conspicuous changes in similar Symonds 2002; see also Richardson et the hearing threshold rises, and a sound behavioral activities, and more al., 1995; Nowacek et al., 2007). must be at a higher level in order to be sustained and/or potentially severe Available studies show wide variation heard. In terrestrial and marine reactions, such as displacement from or in response to underwater sound; mammals, TTS can last from minutes or abandonment of high-quality habitat. therefore, it is difficult to predict hours to days (in cases of strong TTS). Behavioral responses to sound are specifically how any given sound in a In many cases, hearing sensitivity highly variable and context-specific and particular instance might affect marine recovers rapidly after exposure to the any reactions depend on numerous mammals perceiving the signal. If a sound ends. Few data on sound levels intrinsic and extrinsic factors (e.g., marine mammal does react briefly to an and durations necessary to elicit mild species, state of maturity, experience, underwater sound by changing its TTS have been obtained for marine current activity, reproductive state, behavior or moving a small distance, the mammals. auditory sensitivity, time of day), as impacts of the change are unlikely to be Marine mammal hearing plays a well as the interplay between factors significant to the individual, let alone critical role in communication with (e.g., Richardson et al., 1995; Wartzok et the stock or population. However, if a conspecifics, and interpretation of al., 2003; Southall et al., 2007; Weilgart sound source displaces marine environmental cues for purposes such 2007; Archer et al., 2010). Behavioral mammals from an important feeding or as predator avoidance and prey capture. reactions can vary not only among breeding area for a prolonged period,
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impacts on individuals and populations determining the potential for impacts from the area where the signal provokes could be significant (e.g., Lusseau and resulting from anthropogenic sound flight to, in extreme cases, marine Bejder 2007; Weilgart 2007; NRC 2005). exposure (e.g., Kastelein et al., 2001, mammal strandings (Evans and England However, there are broad categories of 2005b, 2006; Gailey et al., 2007). 2001). However, it should be noted that potential response, which we describe Marine mammals vocalize for response to a perceived predator does in greater detail here, that include different purposes and across multiple not necessarily invoke flight (Ford and alteration of dive behavior, alteration of modes, such as whistling, echolocation Reeves, 2008), and whether individuals foraging behavior, effects to breathing, click production, calling, and singing. are solitary or in groups may influence interference with or alteration of Changes in vocalization behavior in the response. vocalization, avoidance, and flight. response to anthropogenic noise can Behavioral disturbance can also Changes in dive behavior can vary occur for any of these modes and may impact marine mammals in more subtle widely, and may consist of increased or result from a need to compete with an ways. Increased vigilance may result in decreased dive times and surface increase in background noise or may costs related to diversion of focus and intervals as well as changes in the rates reflect increased vigilance or a startle attention (i.e., when a response consists of ascent and descent during a dive (e.g., response. For example, in the presence of increased vigilance, it may come at Frankel and Clark 2000; Costa et al., of potentially masking signals, the cost of decreased attention to other 2003; Ng and Leung 2003; Nowacek et humpback whales and killer whales critical behaviors such as foraging or al.; 2004; Goldbogen et al.., 2013a,b). have been observed to increase the resting). These effects have generally not Variations in dive behavior may reflect length of their songs (Miller et al., 2000; been demonstrated for marine interruptions in biologically significant Fristrup et al., 2003; Foote et al., 2004), mammals, but studies involving fish activities (e.g., foraging) or they may be while right whales have been observed and terrestrial animals have shown that of little biological significance. The to shift the frequency content of their increased vigilance may substantially impact of an alteration to dive behavior calls upward while reducing the rate of reduce feeding rates (e.g., Beauchamp resulting from an acoustic exposure calling in areas of increased and Livoreil 1997; Fritz et al., 2002; depends on what the animal is doing at anthropogenic noise (Parks et al., Purser and Radford 2011). In addition, the time of the exposure and the type 2007b). In some cases, animals may chronic disturbance can cause and magnitude of the response. cease sound production during population declines through reduction Disruption of feeding behavior can be production of aversive signals (Bowles of fitness (e.g., decline in body difficult to correlate with anthropogenic et al., 1994). condition) and subsequent reduction in sound exposure, so it is usually inferred Avoidance is the displacement of an reproductive success, survival, or both by observed displacement from known individual from an area or migration (e.g., Harrington and Veitch, 1992; Daan foraging areas, the appearance of path as a result of the presence of a et al., 1996; Bradshaw et al., 1998). secondary indicators (e.g., bubble nets sound or other stressors, and is one of However, Ridgway et al. (2006) reported or sediment plumes), or changes in dive the most obvious manifestations of that increased vigilance in bottlenose behavior. As for other types of disturbance in marine mammals dolphins exposed to sound over a five- behavioral response, the frequency, (Richardson et al., 1995). For example, day period did not cause any sleep duration, and temporal pattern of signal gray whales are known to change deprivation or stress effects. presentation, as well as differences in direction—deflecting from customary Many animals perform vital functions, species sensitivity, are likely migratory paths—in order to avoid noise such as feeding, resting, traveling, and contributing factors to differences in from seismic surveys (Malme et al., socializing, on a diel cycle (24-hour response in any given circumstance 1984). Avoidance may be short-term, cycle). Disruption of such functions (e.g., Croll et al., 2001; Nowacek et al., with animals returning to the area once resulting from reactions to stressors 2004; Madsen et al., 2006; Yazvenko et the noise has ceased (e.g., Bowles et al., such as sound exposure are more likely al., 2007). A determination of whether 1994; Goold 1996; Stone et al., 2000; to be significant if they last more than foraging disruptions incur fitness Morton and Symonds 2002; Gailey et one diel cycle or recur on subsequent consequences would require al., 2007). Longer-term displacement is days (Southall et al., 2007). information on or estimates of the possible, however, which may lead to Consequently, a behavioral response energetic requirements of the affected changes in abundance or distribution lasting less than one day and not individuals and the relationship patterns of the affected species in the recurring on subsequent days is not between prey availability, foraging effort affected region if habituation to the considered particularly severe unless it and success, and the life history stage of presence of the sound does not occur could directly affect reproduction or the animal. (e.g., Blackwell et al., 2004; Bejder et al., survival (Southall et al., 2007). Note that Variations in respiration naturally 2006; Teilmann et al., 2006). there is a difference between multi-day vary with different behaviors and A flight response is a dramatic change substantive behavioral reactions and alterations to breathing rate as a in normal movement to a directed and multi-day anthropogenic activities. For function of acoustic exposure can be rapid movement away from the example, just because an activity lasts expected to co-occur with other perceived location of a sound source. for multiple days does not necessarily behavioral reactions, such as a flight The flight response differs from other mean that individual animals are either response or an alteration in diving. avoidance responses in the intensity of exposed to activity-related stressors for However, respiration rates in and of the response (e.g., directed movement, multiple days or, further, exposed in a themselves may be representative of rate of travel). Relatively little manner resulting in sustained multi-day annoyance or an acute stress response. information on flight responses of substantive behavioral responses. Various studies have shown that marine mammals to anthropogenic Stress responses—An animal’s respiration rates may either be signals exist, although observations of perception of a threat may be sufficient unaffected or could increase, depending flight responses to the presence of to trigger stress responses consisting of on the species and signal characteristics, predators have occurred (Connor and some combination of behavioral again highlighting the importance in Heithaus 1996). The result of a flight responses, autonomic nervous system understanding species differences in the response could range from brief, responses, neuroendocrine responses, or tolerance of underwater noise when temporary exertion and displacement immune responses (e.g., Seyle 1950;
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Moberg 2000). In many cases, an will experience physiological stress space of animals (e.g., Clark et al., 2009) animal’s first and sometimes most responses upon exposure to acoustic and may result in energetic or other economical (in terms of energetic costs) stressors and that it is possible that costs as animals change their response is behavioral avoidance of the some of these would be classified as vocalization behavior (e.g., Miller et al., potential stressor. Autonomic nervous ‘‘distress.’’ In addition, any animal 2000; Foote et al., 2004; Parks et al., system responses to stress typically experiencing TTS would likely also 2007b; Di Iorio and Clark 2009; Holt et involve changes in heart rate, blood experience stress responses (NRC 2003). al., 2009). Masking can be reduced in pressure, and gastrointestinal activity. Auditory masking—Sound can situations where the signal and noise These responses have a relatively short disrupt behavior through masking, or come from different directions duration and may or may not have a interfering with, an animal’s ability to (Richardson et al., 1995), through significant long-term effect on an detect, recognize, or discriminate amplitude modulation of the signal, or animal’s fitness. between acoustic signals of interest (e.g., through other compensatory behaviors Neuroendocrine stress responses often those used for intraspecific (Houser and Moore 2014). Masking can involve the hypothalamus-pituitary- communication and social interactions, be tested directly in captive species adrenal system. Virtually all prey detection, predator avoidance, (e.g., Erbe 2008), but in wild neuroendocrine functions that are navigation) (Richardson et al., 1995). populations it must be either modeled affected by stress—including immune Masking occurs when the receipt of a or inferred from evidence of masking competence, reproduction, metabolism, sound is interfered with by another compensation. There are few studies and behavior—are regulated by pituitary coincident sound at similar frequencies addressing real-world masking sounds hormones. Stress-induced changes in and at similar or higher intensity, and likely to be experienced by marine the secretion of pituitary hormones have may occur whether the sound is natural mammals in the wild (e.g., Branstetter et been implicated in failed reproduction, (e.g., snapping shrimp, wind, waves, al., 2013). altered metabolism, reduced immune precipitation) or anthropogenic (e.g., Masking affects both senders and competence, and behavioral disturbance shipping, sonar, seismic exploration) in receivers of acoustic signals and can (e.g., Moberg 1987; Blecha 2000). origin. The ability of a noise source to potentially have long-term chronic Increases in the circulation of mask biologically important sounds effects on marine mammals at the glucocorticoids are also equated with depends on the characteristics of both population level as well as at the stress (Romano et al., 2004). the noise source and the signal of individual level. Low-frequency The primary distinction between interest (e.g., signal-to-noise ratio, ambient sound levels have increased by stress (which is adaptive and does not temporal variability, direction), in as much as 20 dB (more than three times normally place an animal at risk) and relation to each other and to an animal’s in terms of SPL) in the world’s ocean ‘‘distress’’ is the cost of the response. hearing abilities (e.g., sensitivity, from pre-industrial periods, with most During a stress response, an animal uses frequency range, critical ratios, of the increase from distant commercial glycogen stores that can be quickly frequency discrimination, directional shipping (Hildebrand 2009). All replenished once the stress is alleviated. discrimination, age or TTS hearing loss), anthropogenic sound sources, but In such circumstances, the cost of the and existing ambient noise and especially chronic and lower-frequency stress response would not pose serious propagation conditions. signals (e.g., from vessel traffic), fitness consequences. However, when Under certain circumstances, marine contribute to elevated ambient sound an animal does not have sufficient mammals experiencing significant levels, thus intensifying masking. energy reserves to satisfy the energetic masking could also be impaired from costs of a stress response, energy maximizing their performance fitness in Acoustic Effects, Underwater resources must be diverted from other survival and reproduction. Therefore, Potential Effects of Pile Driving—The functions. This state of distress will last when the coincident (masking) sound is effects of sounds from pile driving until the animal replenishes its man-made, it may be considered might include one or more of the energetic reserves sufficient to restore harassment when disrupting or altering following: temporary or permanent normal function. critical behaviors. It is important to hearing impairment, non-auditory Relationships between these distinguish TTS and PTS, which persist physical or physiological effects, physiological mechanisms, animal after the sound exposure, from masking, behavioral disturbance, and masking behavior, and the costs of stress which occurs during the sound (Richardson et al., 1995; Gordon et al., responses are well-studied through exposure. Because masking (without 2003; Nowacek et al., 2007; Southall et controlled experiments and for both resulting in TS) is not associated with al., 2007). The effects of pile driving on laboratory and free-ranging animals abnormal physiological function, it is marine mammals are dependent on (e.g., Holberton et al., 1996; Hood et al., not considered a physiological effect, several factors, including the type and 1998; Jessop et al., 2003; Krausman et but rather a potential behavioral effect. depth of the animal; the pile size and al., 2004; Lankford et al., 2005). Stress The frequency range of the potentially type, and the intensity and duration of responses due to exposure to masking sound is important in the pile driving sound; the substrate; the anthropogenic sounds or other stressors determining any potential behavioral standoff distance between the pile and and their effects on marine mammals impacts. For example, low-frequency the animal; and the sound propagation have also been reviewed (Fair and signals may have less effect on high- properties of the environment. Impacts Becker 2000; Romano et al., 2002b) and, frequency echolocation sounds to marine mammals from pile driving more rarely, studied in wild populations produced by odontocetes but are more activities are expected to result (e.g., Romano et al., 2002a). For likely to affect detection of mysticete primarily from acoustic pathways. As example, Rolland et al. (2012) found communication calls and other such, the degree of effect is intrinsically that noise reduction from reduced ship potentially important natural sounds related to the frequency, received level, traffic in the Bay of Fundy was such as those produced by surf and and duration of the sound exposure, associated with decreased stress in some prey species. The masking of which are in turn influenced by the North Atlantic right whales. These and communication signals by distance between the animal and the other studies lead to a reasonable anthropogenic noise may be considered source. The further away from the expectation that some marine mammals as a reduction in the communication source, the less intense the exposure
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should be. The substrate and depth of Disturbance Reactions specific characteristics of the receiving the habitat affect the sound propagation Responses to continuous sound, such animals (hearing, motivation, properties of the environment. In as vibratory pile installation, have not experience, demography) and is difficult addition, substrates that are soft (e.g., been documented as well as responses to predict (Southall et al., 2007). sand) would absorb or attenuate the to pulsed sounds. With both types of Auditory Masking sound more readily than hard substrates pile driving, it is likely that the onset of (e.g., rock) which may reflect the Natural and artificial sounds can pile driving could result in temporary, disrupt behavior by masking. The acoustic wave. Soft porous substrates short term changes in an animal’s would also likely require less time to frequency range of the potentially typical behavior and/or avoidance of the masking sound is important in drive the pile, and possibly less forceful affected area. These behavioral changes determining any potential behavioral equipment, which would ultimately may include (Richardson et al., 1995): impacts. Because sound generated from decrease the intensity of the acoustic Changing durations of surfacing and in-water pile driving and removal is source. dives, number of blows per surfacing, or mostly concentrated at low frequency In the absence of mitigation, impacts moving direction and/or speed; ranges, it may have less effect on high to marine species could be expected to reduced/increased vocal activities; frequency echolocation sounds made by include physiological and behavioral changing/cessation of certain behavioral porpoises. The most intense underwater responses to the acoustic signature activities (such as socializing or sounds in the proposed action are those (Viada et al., 2008). Potential effects feeding); visible startle response or produced by impact pile driving. Given from impulsive sound sources like pile aggressive behavior (such as tail/fluke that the energy distribution of pile driving can range in severity from slapping or jaw clapping); avoidance of driving covers a broad frequency effects such as behavioral disturbance to areas where sound sources are located; spectrum, sound from these sources temporary or permanent hearing and/or flight responses (e.g., pinnipeds would likely be within the audible impairment (Yelverton et al., 1973). flushing into water from haulouts or range of marine mammals present in the rookeries). Pinnipeds may increase their project area. Impact pile driving activity Hearing Impairment and Other haul out time, possibly to avoid in-water is relatively short-term, with rapid Physical Effects— Marine mammals disturbance (Thorson and Reyff 2006). If pulses occurring for approximately exposed to high intensity sound a marine mammal responds to a fifteen minutes per pile. The probability repeatedly or for prolonged periods can stimulus by changing its behavior (e.g., for impact pile driving resulting from experience hearing TSs. PTS constitutes through relatively minor changes in this proposed action masking acoustic injury, but TTS does not (Southall et al., locomotion direction/speed or signals important to the behavior and 2007). Based on the best scientific vocalization behavior), the response survival of marine mammal species is information available, the SPLs for the may or may not constitute taking at the low. Vibratory pile driving is also construction activities in this project are individual level, and is unlikely to relatively short-term, with rapid below the thresholds that could cause affect the stock or the species as a oscillations occurring for approximately TTS or the onset of PTS (Table 3). whole. However, if a sound source one and a half hours per pile. It is Non-auditory Physiological Effects— displaces marine mammals from an possible that vibratory pile driving Non-auditory physiological effects or important feeding or breeding area for a resulting from this proposed action may injuries that theoretically might occur in prolonged period, impacts on animals, mask acoustic signals important to the marine mammals exposed to strong and if so potentially on the stock or behavior and survival of marine underwater sound include stress, species, could potentially be significant mammal species, but the short-term neurological effects, bubble formation, (e.g., Lusseau and Bejder 2007; Weilgart duration and limited affected area resonance effects, and other types of 2007). would result in insignificant impacts organ or tissue damage (Cox et al., 2006; The biological significance of many of from masking. Any masking event that Southall et al., 2007). Studies examining these behavioral disturbances is difficult could possibly rise to Level B to predict, especially if the detected such effects are limited. In general, little harassment under the MMPA would disturbances appear minor. However, is known about the potential for pile occur concurrently within the zones of the consequences of behavioral driving or removal to cause auditory behavioral harassment already modification could be expected to be impairment or other physical effects in estimated for vibratory and impact pile biologically significant if the change marine mammals. Available data driving, and which have already been affects growth, survival, or suggest that such effects, if they occur taken into account in the exposure reproduction. Significant behavioral analysis. at all, would presumably be limited to modifications that could potentially short distances from the sound source lead to effects on growth, survival, or Acoustic Effects, Airborne and to activities that extend over a reproduction include: Pinnipeds that occur near the project prolonged period. The available data do • Drastic changes in diving/surfacing site could be exposed to airborne not allow identification of a specific patterns (such as those thought to cause sounds associated with pile driving and exposure level above which non- beaked whale stranding due to exposure removal that have the potential to cause auditory effects can be expected to military mid-frequency tactical behavioral harassment, depending on (Southall et al., 2007) or any meaningful sonar); their distance from pile driving quantitative predictions of the numbers • Longer-term habitat abandonment activities. Cetaceans are not expected to (if any) of marine mammals that might due to loss of desirable acoustic be exposed to airborne sounds that be affected in those ways. Marine environment; and would result in harassment as defined mammals that show behavioral • Longer-term cessation of feeding or under the MMPA. avoidance of pile driving, including social interaction. Airborne noise will primarily be an some odontocetes and some pinnipeds, The onset of behavioral disturbance issue for pinnipeds that are swimming are especially unlikely to incur auditory from anthropogenic sound depends on or hauled out near the project site impairment or non-auditory physical both external factors (characteristics of within the range of noise levels elevated effects. sound sources and their paths) and the above the acoustic criteria. We
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recognize that pinnipeds in the water low-frequency sounds. Short duration, species. Thus, any impacts to marine could be exposed to airborne sound that sharp sounds can cause overt or subtle mammal habitat are not expected to may result in behavioral harassment changes in fish behavior and local cause significant or long-term when looking with heads above water. distribution. Hastings and Popper (2005) consequences for individual marine Most likely, airborne sound would identified several studies that suggest mammals or their populations. cause behavioral responses similar to fish may relocate to avoid certain areas Estimated Take those discussed above in relation to of sound energy. Additional studies underwater sound. For instance, have documented effects of pile driving This section provides an estimate of anthropogenic sound could cause on fish, although several are based on the number of incidental takes proposed hauled-out pinnipeds to exhibit changes studies in support of large, multiyear for authorization through this IHA, in their normal behavior, such as bridge construction projects (e.g., which will inform both NMFS’ reduction in vocalizations, or cause Scholik and Yan 2001, 2002; Popper consideration of ‘‘small numbers’’ and them to temporarily abandon the area and Hastings 2009). Sound pulses at the negligible impact determination. and move further from the source. received levels of 160 dB may cause Harassment is the only type of take However, these animals would subtle changes in fish behavior. SPLs of expected to result from these activities. previously have been ‘taken’ as a result 180 dB may cause noticeable changes in Except with respect to certain activities of exposure to underwater sound above behavior (Pearson et al., 1992; Skalski et not pertinent here, section 3(18) of the the behavioral harassment thresholds, al., 1992). SPLs of sufficient strength MMPA defines ‘‘harassment’’ as: any act which are in all cases larger than those have been known to cause injury to fish of pursuit, torment, or annoyance which associated with airborne sound. Thus, and fish mortality. (i) has the potential to injure a marine the behavioral harassment of these The most likely impact to fish from mammal or marine mammal stock in the animals is already accounted for in pile driving activities at the project area wild (Level A harassment); or (ii) has these estimates of potential take. would be temporary behavioral the potential to disturb a marine Multiple instances of exposure to sound avoidance of the area. The duration of mammal or marine mammal stock in the above NMFS’ thresholds for behavioral fish avoidance of this area after pile wild by causing disruption of behavioral harassment are not believed to result in driving stops is unknown, but a rapid patterns, including, but not limited to, increased behavioral disturbance, in return to normal recruitment, migration, breathing, nursing, breeding, either nature or intensity of disturbance distribution and behavior is anticipated. feeding, or sheltering (Level B reaction. Therefore, we do not believe In general, impacts to marine mammal harassment). that authorization of incidental take prey species are expected to be minor Authorized takes would be by Level B resulting from airborne sound for and temporary due to the short harassment only, in the form of pinnipeds is warranted, and airborne timeframe for the project. disruption of behavioral patterns for sound is not discussed further here. individual marine mammals resulting Pile Driving Effects on Potential from exposure to acoustic sources (i.e., Anticipated Effects on Habitat Foraging Habitat impact and vibratory pile driving). The proposed activities at the Ferry The area likely impacted by the Based on the nature of the activity and Terminal would not result in permanent project is relatively small compared to the anticipated effectiveness of the negative impacts to habitats used the available habitat in San Francisco mitigation measures (i.e., bubble directly by marine mammals, but may Bay. Avoidance by potential prey (i.e., curtain, soft start, shutdowns, etc.— have potential short-term impacts to fish) of the immediate area due to the discussed in detail below in Proposed food sources such as forage fish and temporary loss of this foraging habitat is Mitigation section), Level A harassment may affect acoustic habitat (see masking also possible. The duration of fish is neither anticipated nor proposed to be discussion above). There are no known avoidance of this area after pile driving authorized. As described previously, no foraging hotspots or other ocean bottom stops is unknown, but a rapid return to mortality is anticipated or proposed to structure of significant biological normal recruitment, distribution and be authorized for this activity. Below we importance to marine mammals present behavior is anticipated. Any behavioral describe how the take is estimated. in the marine waters of the project area. avoidance by fish of the disturbed area Described in the most basic way, we Therefore, the main impact issue would still leave significantly large estimate take by considering: (1) associated with the proposed activity areas of fish and marine mammal Acoustic thresholds above which NMFS would be temporarily elevated sound foraging habitat in the San Francisco believes the best available science levels and the associated direct effects ferry terminal and nearby vicinity in indicates marine mammals will be on marine mammals, as discussed San Francisco Bay. behaviorally harassed or incur some previously in this document. The The duration of the construction degree of permanent hearing primary potential acoustic impacts to activities is relatively short. The impairment; (2) the area or volume of marine mammal habitat are associated construction window is six months water that will be ensonified above with elevated sound levels produced by long, with construction expected to take these levels in a day; (3) the density or vibratory and impact pile driving and no more than 41 days. Each day, occurrence of marine mammals within removal in the area. However, other construction would only occur for a few these ensonified areas; and, (4) and the potential impacts to the surrounding hours during the day. Impacts to habitat number of days of activities. Below, we habitat from physical disturbance (i.e., and prey are expected to be minimal describe these components in more increased turbidity) are also possible. based on the short duration of activities. detail and present the proposed take In summary, given the short daily estimate. Pile Driving Effects on Potential Prey duration of sound associated with (Fish) individual pile driving events and the Acoustic Thresholds Construction activities would produce relatively small areas being affected, Using the best available science, continuous (i.e., vibratory pile driving) pile driving activities associated with NMFS has developed acoustic sounds and pulsed (i.e. impact driving) the proposed action are not likely to thresholds that identify the received sounds. Fish react to sounds that are have a permanent, adverse effect on any level of underwater sound above which especially strong and/or intermittent fish habitat, or populations of fish exposed marine mammals would be
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reasonably expected to be behaviorally threshold based on received level to for Assessing the Effects of harassed (equated to Level B estimate the onset of behavioral Anthropogenic Sound on Marine harassment) or to incur PTS of some harassment. NMFS predicts that marine Mammal Hearing (Technical Guidance, degree (equated to Level A harassment). mammals are likely to be behaviorally 2016) identifies dual criteria to assess Level B Harassment for non-explosive harassed in a manner we consider Level auditory injury (Level A harassment) to sources—Though significantly driven by B harassment when exposed to five different marine mammal groups received level, the onset of behavioral underwater anthropogenic noise above (based on hearing sensitivity) as a result disturbance from anthropogenic noise received levels of 120 dB re 1 mPa (rms) of exposure to noise from two different exposure is also informed to varying for continuous (e.g. vibratory pile- types of sources (impulsive or non- degrees by other factors related to the driving, drilling) and above 160 dB re 1 impulsive). WETA’s proposed activity source (e.g., frequency, predictability, mPa (rms) for non-explosive impulsive includes the use of impulsive (impact duty cycle), the environment (e.g., (e.g., seismic airguns and impact pile pile driving) and non-impulsive bathymetry), and the receiving animals driving) or intermittent (e.g., scientific (vibratory pile driving) sources. (hearing, motivation, experience, sonar) sources. demography, behavioral context) and WETA’s proposed activity includes These thresholds are provided in the can be difficult to predict (Southall et the use of continuous (vibratory pile table below. The references, analysis, al., 2007, Ellison et al., 2011). Based on driving) and impulsive (impact pile and methodology used in the what the available science indicates and driving) sources, and therefore the 120 development of the thresholds are the practical need to use a threshold and 160 dB re 1 mPa (rms) are described in NMFS 2016 Technical based on a factor that is both predictable applicable. Guidance, which may be accessed at: and measurable for most activities, Level A harassment for non-explosive http://www.nmfs.noaa.gov/pr/acoustics/ NMFS uses a generalized acoustic sources—NMFS’ Technical Guidance guidelines.htm.
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Ensonified Area hammer due to propagation of measured at 10 m for the 30- and 36-in Here, we describe operational and underwater noise during installation of piles and between 9 and 15 m for the environmental parameters of the activity new steel piles. A total of 81 steel piles 24-in piles. The SLs for 24-in piles were that will feed into identifying the area will be installed at the Ferry Terminal. calculated using the measured values ensonified above the acoustic During the 2017 construction season, all from 9 to 15 m normalized to 10 m. The thresholds. piles were installed using a vibratory maximum peak, maximum rms, and hammer. The hydroacoustic monitoring mean SEL values for each of the pile Level B Harassment conducted for vibratory driving during types (24-, 30-, and 36-in steel piles) In-Water Disturbance during the 2017 season has been used to were used as the SLs to estimate take Vibratory Pile Driving—Level B establish the expected source values of from vibratory driving. These values are behavioral disturbance may occur piles driven during the 2018 provided in Table 4. incidental to the use of a vibratory construction season. The SLs were
TABLE 4—SOUND SOURCE LEVELS BY PILE TYPE
Source level at 10 m (dB re 1 μPa) Pile size and installation method Peak RMS SEL
24-in Vibratory ...... 183 165 160
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TABLE 4—SOUND SOURCE LEVELS BY PILE TYPE—Continued
Source level at 10 m (dB re 1 μPa) Pile size and installation method Peak RMS SEL
24-in Impact 12 ...... 193 180 167 30-in Vibratory ...... 181 157 153 30-in Impact 12 ...... 200 180 167 36-in Vibratory ...... 191 173 159 36-in Impact 12 ...... 200 183 173 1 Caltrans 2009. 2 Impact SLs include 10 dB reduction due to bubble curtain.
Additionally, monitoring conducted piles installed in the 2017 construction of similarly sized piles at the Alameda during 2017 construction established season were installed solely using a Bay Ship and Yacht project, the Rodeo that for vibratory pile driving in the vibratory hammer. However, the use of Dock Repair project, and the Amorco project area, the transmission loss is an impact hammer to install piles may Wharf Repair Project (Caltrans 2012). greater than the standard value of 15 be required; therefore, the effects of Bubble curtains will be used during the used in typical take calculations. For impact pile driving is discussed here. installation of these piles, which, based estimating take from vibratory pile Level B behavioral disturbance may on guidance provided by Caltrans for a driving, Level B harassment zones are occur incidental to the use of an impact mid-sized steel piles (with a diameter calculated using the average hammer due to the propagation of greater than 24 but less than 48 in), is transmission loss measured in 2017 underwater noise during the installation expected to reduce noise levels by 10 dB minus one standard deviation of those of steel piles. Piles will be driven to rms (Caltrans 2015a). measurements (22.26 ¥ 3.51 = 18.75). approximately 120 to 140 ft below Mean Using the calculated transmission loss Lower Low Water (MLLW). Installation Because no impact pile driving was model (18.75logR), the in-water Level B of these pipe piles may require up to used in the 2017 construction season, harassment zones were determined for 1,800 strikes per piles from an impact no site-specific transmission loss each pile size (Table 5). For 24-in steel hammer using a DelMag D46–32, or measurements exist for this project. The piles driven with a vibratory hammer, similar diesel hammer, producing Practical Spreading Loss Model (15logR) the Level B harassment zone is expected approximately 122,000 foot-pounds is used to determine the Level B to be 2,512 m (8,421 ft). For 30-in piles, maximum energy per blow, and 1.5 harassment zones for each pile size the Level B harassment zone is expected seconds per blow average. (Table 5). Both 24- and 30-in steel piles to be 940 m (3,084 ft). For 36-in piles, Other projects constructed under have a SL of 180 dB rms re 1 mPa and the Level B harassment zone is expected similar circumstances were reviewed to therefore have the same Level B to be 6,709 m (22,011 ft). estimate the approximate noise harassment zone of 215 m (705 ft). For In-Water Disturbance during Impact produced by the 24-, 30-, and 36-in steel 36-in piles, the Level B harassment zone Pile Driving—As stated previously, all piles. These projects include the driving is expected to be 341 m (1,120 ft).
TABLE 5—PILE DRIVING SOURCE LEVELS AND LEVEL B HARASSMENT ZONES
Distance to Source level Level B threshold Propagation Level B Area of Level B Pile size and installation method (dB re 1 μPa rms) (dB re 1 μPa rms) (xLogR) threshold harassment zone (m) (square km)
24-in Vibratory ...... 165 120 18.75 2,512 7.30 24-in Impact ...... a 180 160 15 215 0.08 30-in Vibratory ...... 157 120 18.75 940 1.08 30-in Impact ...... a 180 160 15 215 0.08 36-in Vibratory ...... 173 120 18.75 6,709 33.5 36-in Impact ...... a 183 160 15 341 0.18 a Impact source levels include 10 dB reduction due to bubble curtain.
Level A Harassment occurrence to help predict takes. We develop ways to quantitatively refine note that because of some of the these tools, and will qualitatively When NMFS Technical Guidance assumptions included in the methods address the output where appropriate. (2016) was published, in recognition of used for these tools, we anticipate that For stationary sources (such as impact the fact that ensonified area/volume isopleths produced are typically going and vibratory pile driving), NMFS User could be more technically challenging to be overestimates of some degree, Spreadsheet predicts the closest to predict because of the duration which will result in some degree of distance at which, if a marine mammal component in the new thresholds, we overestimate of Level A take. However, remained at that distance the whole developed a User Spreadsheet that these tools offer the best way to predict duration of the activity, it would not includes tools to help predict a simple appropriate isopleths when more incur PTS. Inputs used in the User isopleth that can be used in conjunction sophisticated 3D modeling methods are Spreadsheet, and the resulting isopleths with marine mammal density or not available, and NMFS continues to are reported below.
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TABLE 6—INPUTS FOR DETERMINING DISTANCES TO CUMULATIVE PTS THRESHOLDS
Source level at Source level at Activity Pile size and installation method 10 m 10 m Propagation Number of Number of duration (SEL) (rms) (xLogR) strikes per pile piles per day (seconds)
24-in Vibratory ...... 165 18.75 ...... 4 900 24-in Impact ...... a 167 ...... 15 1,800 3 ...... 30-in Vibratory ...... 157 18.75 ...... 4 900 30-in Impact ...... a 167 ...... 15 1,800 3 ...... 36-in Vibratory ...... 173 18.75 ...... 4 1,200 36-in Impact ...... a 173 ...... 15 1,800 2 ...... a Source level includes 10 dB reduction due to bubble curtain.
TABLE 7—RESULTING LEVEL A ISOPLETHS
Distance to Level A threshold (m) Pile size and installation method High- Low-frequency Mid-frequency frequency Phocid Otariid cetaceans cetaceans cetaceans pinnipeds pinnipeds
24-in Vibratory ...... 12 2 17 8 <1 24-in Impact ...... 264 9 314 141 10 30-in Vibratory ...... 4 <1 6 3 <1 30-in Impact ...... 264 9 314 141 10 36-in Vibratory ...... 38 5 52 26 3 36-in Impact ...... 505 18 602 270 20
The resulting PTS isopleths assume (Self 2012). The Oceanic Society data Bay. According to observations by the an animal would remain stationary at show that all age classes of gray whales Golden Gate Cetacean Research team as that distance for the duration of the enter San Francisco Bay and they enter part of their multi-year assessment, over activity. The largest isopleths result as singles or in groups of up to five 100 porpoises may be seen at one time from impact pile driving. All piles individuals (Winning 2008). It is entering San Francisco Bay and over installed in the 2017 construction estimated that two to six gray whales 600 individual animals have been season were driven solely using a enter San Francisco Bay in any given documented in a photo-ID database. vibratory hammer indicating that year. Porpoise activity inside San Francisco vibratory driving will be the most likely Bay is thought to be related to tide- Bottlenose Dolphin method of installation in the 2018 dependent foraging, as well as mating season. Given the short duration within Bottlenose dolphins are most often behaviors (Keener 2011; Duffy 2015). a day that impact driving may be seen just within the Golden Gate or just Sightings are concentrated in the conducted and the mitigation measures east of the bridge when they are present vicinity of the Golden Gate Bridge and proposed by WETA, Level A take is in San Francisco Bay, and their Angel Island, with fewer numbers neither expected nor proposed to be presence may depend on the tides sighted south of Alcatraz and west of authorized. (GGCR 2016). Beginning in the summer Treasure Island (Keener 2011). Marine Mammal Occurrence of 2015, one to two bottlenose dolphins California Sea Lion have been observed frequently In this section we provide the swimming in the Oyster Point area of In San Francisco Bay, sea lions haul information about the presence, density, South San Francisco (GGCR 2016, 2017; out primarily on floating K docks at Pier or group dynamics of marine mammals Perlman 2017). Despite this recent 39 in the Fisherman’s Wharf area of the that will inform the take calculations. occurrence, this stock is highly San Francisco Marine. The Pier 39 transitory in nature and is not expected Gray Whale haulout is approximately 1.5 miles from to spend extended periods of time in the project vicinity. The Marine Caltrans Richmond-San Rafael Bridge San Francisco Bay. However, the Mammal Center (TMMC) in Sausalito, project monitors recorded 12 living and number of sightings in the Central Bay California has performed monitoring two dead gray whales in the surveys has increased, suggesting that bottlenose surveys at this location since 1991. A performed in 2012. All sightings were in dolphins are becoming more of a maximum of 1,706 sea lions was seen either the Central or North Bay, and all resident species. hauled out during one survey effort in but two sightings occurred during the Harbor Porpoise 2009 (TMMC 2015). Winter numbers are months of April and May. One gray generally over 500 animals (Goals whale was sighted in June and one in In the last six decades, harbor Project 2000). In August to September, October. The Oceanic Society has porpoises have been observed outside of counts average from 350 to 850 (NMFS tracked gray whale sightings since they San Francisco Bay. The few porpoises 2004). Of the California sea lions began returning to San Francisco Bay that entered were not sighted past the observed, approximately 85 percent regularly in the late 1990s. Most Central Bay close to the Golden Gate were male. No pupping activity has sightings occurred just a mile or two Bridge. In recent years, however, there been observed at this site or at other inside of the Golden Gate, with some have been increasingly common locations in the San Francisco Bay traveling into San Pablo Bay in the observations of harbor porpoises in (Caltrans 2012). The California sea lions northern part of the San Francisco Bay central, North, and South San Francisco usually frequent Pier 39 in August after
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returning from the Channel Islands (Green et al., 2002). Therefore, the Bottlenose Dolphin (Caltrans 2013). In addition to the Pier number of harbor seals in the vicinity of 39 haulout, California sea lions haul out Yerba Buena Island will vary When bottlenose dolphins are present on buoys and similar structures throughout the work period. in San Francisco Bay, they are more throughout San Francisco Bay. They are typically found close to the Golden mainly seen swimming off the San Northern Elephant Seal Gate. Recently, beginning in 2015, two Francisco and Marin shorelines within individuals have been observed Northern elephant seals are seen frequently in the vicinity of Oyster Point San Francisco Bay, but may frequently on the California coast. occasionally enter the project area to (GGCR 2016, 2017; Perlman 2017). The Elephant seals aggregate at various sites forage. average reported group size for along the coast to give birth and breed bottlenose dolphins is five. Reports Northern Fur Seal from December through March. Pups show that a group normally comes into Juvenile northern fur seals remain onshore or in adjacent shallow San Francisco Bay and transits past occasionally strand during El Nin˜ o water through May. Adults make two Yerba Buena Island once per week for events (TMMC 2016). In normal years, foraging migrations each year, one after approximately a two week stint, then TMMC admits about five northern fur breeding and the second after molting leaves (NMFS 2017b). Assuming the seals that strand on the central (Stewart and DeLong 1995). Most dolphins come into San Francisco Bay California coast. During El Nin˜ o years, strandings occur in May as young pups three times per year, the group of five this number dramatically increases. For make their first trip out to sea. When dolphins would make six passes example, during the 2006 El Nin˜ o event, those pups return to their rookery sites through the Level B harassment zone for 33 fur seals were admitted. Some of to molt in late summer and fall, some a total of 30 takes (Table 12). these stranded animals were collected make brief stops in San Francisco Bay. from shorelines in San Francisco Bay Approximately 100 juvenile elephant Harbor Porpoise (TMMC 2016). The shoreline in the seals strand in San Francisco Bay each A small but growing population of vicinity of the project is developed year, including individual strandings at harbor porpoises uses San Francisco waterfront, consisting of piers and Yerba Buena Island and Treasure Island Bay. Porpoises are usually spotted in the wharves where northern fur seals are (fewer than 10 strandings per year) vicinity of Angel Island and the Golden unlikely to strand. (Caltrans 2015b). Gate Bridge (Keener 2011), but may use Pacific Harbor Seal Take Calculation and Estimation other areas of the Central Bay in low Long-term monitoring studies have numbers. During construction activities been conducted at the largest harbor Here we describe how the information in 2017, marine mammal observers seal colonies in Point Reyes National provided above is brought together to recorded eight sightings of harbor Seashore and Golden Gate National produce a quantitative take estimate. porpoises, including a group of two to three individuals that was seen three Recreation Area since 1976. Castro While impact pile driving may be times over the course of the pile-driving Rocks and other haulouts in San used during this project, all piles in the season. Harbor porpoises generally Francisco Bay are part of the regional previous year of construction were travel individually or in small groups of survey area for this study and have been installed completely with vibratory pile two or three (Sekiguchi 1995), and a pod included in annual survey efforts. driving. Impact driving take calculations Between 2007 and 2012, the average of up to four individuals was observed are included for informational purposes in the area south of Yerba Buena Island number of adults observed ranged from (Tables 8 and 9). However, only 126 to 166 during the breeding season during the 2017 Bay Bridge monitoring vibratory pile driving take calculations window. A pod of four harbor porpoises (March through May), and from 92 to are conservatively used for the take 129 during the molting season (June could potentially enter the Level B estimation in this IHA as vibratory harassment zone on as many as eight through July) (Truchinski et al., 2008; driving is the most likely method of pile Flynn et al., 2009; Codde et al., 2010, days of pile driving, for 32 total takes installation and results in greater Level (Table 12). 2011, 2012; Codde and Allen 2015). B harassment zones. Marine mammal monitoring at multiple California Sea Lion locations inside San Francisco Bay was Gray Whale conducted by the California Department Caltrans has conducted monitoring of of Transportation (Caltrans) from May Gray whales occasionally enter San marine mammals in the vicinity of the 1998 to February 2002, and determined Francisco Bay during their northward Bay Bridge for 16 years. From those that at least 500 harbor seals populate migration period of February and data, Caltrans has produced at-sea San Francisco Bay (Green et al., 2002). March. Pile driving is not proposed to density estimates for California sea lions This estimate agrees with previous seal occur during this time and gray whales of 0.09 animals per square kilometer counts in the San Francisco Bay, which are not likely to be present at other (0.23 per square mile) for the summer- ranged from 524 to 641 seals from 1987 times of the year. It is estimated that two late fall season (Caltrans 2016). Marine to 1999 (Goals Project 2000). to six gray whales enter the Bay in any mammal monitoring observations from Yerba Buena Island is the nearest given year, but they are unlikely to be the 2017 construction season were used harbor seal haulout site, with as many present during the work period (June 1 to calculate a project-specific estimate of as 188 individuals observed hauled out. through November 30). However, take per driving day (1.29 animals per Harbor seals are more likely to be individual gray whales have day). Observations from marine hauled out in the late afternoon and occasionally been observed in San mammal monitoring in 2017 were evening, and are more likely to be in the Francisco Bay during the work period, assumed to represent the occurrence of water during the morning and early and therefore it is estimated that, at California sea lions along the waterfront afternoon. Tidal stage is a major most, one gray whale may be exposed to while the Caltrans density represents controlling factor of haulout use by Level B harassment during two days of the occurrence of California sea lions in harbor seals, with more seals present pile driving if they enter the Level B open water in the bay. The two numbers during low tides than high tide periods harassment zones (Table 12). were combined to calculate the daily
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average take over the entire Level B harassment zone (Table 8).
TABLE 8—ESTIMATED DAILY CALIFORNIA SEA LION TAKES
Area of Level B At-sea density Takes per day Takes per day Total daily Pile size and installation method harassment zone (animals per from density from 2017 Level B takes (square km) square km) a monitoring
24-in Vibratory ...... 7.304 0.23 0.66 1.29 1.95 24-in Impact ...... 0.084 0.23 0.01 1.29 1.30 30-in Vibratory ...... 1.083 0.23 0.10 1.29 1.39 30-in Impact ...... 0.084 0.23 0.01 1.29 1.30 36-in Vibratory ...... 33.497 0.23 3.02 1.29 4.31 36-in Impact ...... 0.177 0.23 0.02 1.29 1.31 a Caltrans 2016.
During El Nin˜ o conditions, the El Nin˜ o conditions occurring in 2018 is El Nin˜ o developing in 2018, daily take density of California sea lions in San currently low, with La Nin˜ a conditions estimated has been increase by a factor Francisco Bay may be much greater than expected to develop (NOAA 2018). of 5 for each pile type (Table 9). the value used above. The likelihood of However, to account for the potential of
TABLE 9—ESTIMATED TOTAL CALIFORNIA SEA LION TAKES FROM VIBRATORY PILE DRIVING
Pile size Number of piles Number of days Daily takes Total takes by pile
24-in ...... 35 18 9.75 176 30-in ...... 18 9 6.95 63 36-in ...... 28 14 21.55 302
Total ...... 541
Northern Fur Seal Pacific Harbor Seal specific estimate of take per driving day Caltrans has produced at-sea density (3.18 animals per day). Observations The incidence of northern fur seals in from marine mammal monitoring in San Francisco Bay depends largely on estimates for Pacific harbor seals of 0.83 animals per square kilometer (2.15 per 2017 were assumed to represent the oceanic conditions, with animals more square mile) for the fall-winter season occurrence of harbor seals along the ˜ likely to strand during El Nino events. (Caltrans 2016). Even though work will waterfront while the Caltrans density El Nin˜ o conditions are unlikely to predominantly occur during the represents the occurrence of harbor develop in 2018 (NOAA 2018) but it is summer, when at-sea density has been seals in open water in the bay. The two anticipated that up to 10 northern fur observed to be lower (Caltrans 2016), numbers were combined to calculate the seals may be in San Francisco Bay and the higher value of fall-winter density is daily average take over the entire Level enter the Level B harassment zone conservatively used. Additionally, B harassment zone (Table 10). The daily (Table 12) (NMFS 2016b). marine mammal monitoring take and days of pile installation were observations from the 2017 construction used to calculate total harbor seal Level season were used to calculate a project- B takes (Table 11).
TABLE 10—ESTIMATED DAILY HARBOR SEAL TAKES
Area of Level B At-sea density Takes per day Takes per day Total daily Pile size and installation method harassment zone (animals per from density from 2017 Level B (square km) square km) a monitoring takes
24-in Vibratory ...... 7.304 0.83 6.06 3.18 9.24 24-in Impact ...... 0.084 0.83 0.07 3.18 3.25 30-in Vibratory ...... 1.083 0.83 0.90 3.18 4.08 30-in Impact ...... 0.084 0.83 0.07 3.18 3.25 36-in Vibratory ...... 33.497 0.83 27.8 3.18 30.98 36-in Impact ...... 0.177 0.83 0.15 3.18 3.33 a Caltrans 2016.
TABLE 11—ESTIMATED TOTAL PACIFIC HARBOR SEAL TAKES FROM VIBRATORY PILE DRIVING
Pile size Number of piles Number of days Daily takes Total takes by pile
24-in ...... 35 18 9.24 166 30-in ...... 18 9 4.08 37 36-in ...... 28 14 30.98 434
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TABLE 11—ESTIMATED TOTAL PACIFIC HARBOR SEAL TAKES FROM VIBRATORY PILE DRIVING—Continued
Pile size Number of piles Number of days Daily takes Total takes by pile
Total ...... 637
Northern Elephant Seal produced an estimated at-sea density for this project. As a result, densities during Small numbers of elephant seals haul elephant seals of 0.06 animals per pile driving would be much lower. It is out or strand on Yerba Buena Island and square kilometer (0.16 per square mile) possible that a lone elephant seal may Treasure Island each year. Monitoring of (Caltrans 2015b). Most sightings of enter the Level B harassment zone once marine mammals in the vicinity of the elephant seals occur in spring or early per week during the 26 week pile Bay Bridge has been ongoing for 15 summer, and are less likely to occur driving window (June 1 to November years. From these data, Caltrans has during the period of in-water work for 30) for a total of 26 takes (Table 12). TABLE 12—TOTAL LEVEL B ESTIMATED TAKES
Northern Gray whale Bottlenose Harbor California sea Northern fur Pacific harbor elephant dolphin porpoise lion seal seal seal
Take Estimate ...... 2 30 32 541 10 637 26
Proposed Mitigation of effective implementation (probability transported to an authorized disposal implemented as planned) and; area. In order to issue an IHA under (2) The practicability of the measures Pile Driving Section 101(a)(5)(D) of the MMPA, for applicant implementation, which NMFS must set forth the permissible may consider such things as cost, Pre-activity monitoring will take place methods of taking pursuant to such impact on operations, and, in the case from 30 minutes prior to initiation of activity, and other means of effecting of a military readiness activity, pile driving activity and post-activity the least practicable impact on such personnel safety, practicality of monitoring will continue through 30 species or stock and its habitat, paying implementation, and impact on the minutes post-completion of pile driving particular attention to rookeries, mating effectiveness of the military readiness activity. Pile driving may commence at grounds, and areas of similar activity. the end of the 30-minute pre-activity significance, and on the availability of monitoring period, provided observers such species or stock for taking for Mitigation for Marine Mammals and have determined that the shutdown certain subsistence uses (latter not Their Habitat zone (described below) is clear of applicable for this action). NMFS General Construction Measures marine mammals, which includes regulations require applicants for delaying start of pile driving activities if incidental take authorizations to include A Spill Prevention Control and a marine mammal is sighted in the zone, information about the availability and Countermeasure (SPCC) plan has been as described below. A determination feasibility (economic and technological) prepared to address the emergency that the shutdown zone is clear must be of equipment, methods, and manner of cleanup of any hazardous material, and made during a period of good visibility conducting such activity or other means will be available onsite. The SPCC plan (i.e., the entire shutdown zone and of effecting the least practicable adverse incorporates SPCC, hazardous waste, surrounding waters must be visible to impact upon the affected species or stormwater, and other emergency the naked eye). stocks and their habitat (50 CFR planning requirements. In addition, the If a marine mammal approaches or 216.104(a)(11)). project will comply with the Port’s enters the shutdown zone during stormwater regulations. Fueling of land activities or pre-activity monitoring, all In evaluating how mitigation may or and marine-based equipment will be pile driving activities at that location may not be appropriate to ensure the conducted in accordance with shall be halted or delayed, respectively. least practicable adverse impact on procedures outlined in the SPCC. Well- If pile driving is halted or delayed due species or stocks and their habitat, as maintained equipment will be used to to the presence of a marine mammal, the well as subsistence uses where perform work, and except in the case of activity may not resume or commence applicable, we carefully consider two a failure or breakdown, equipment until either the animal has voluntarily primary factors: maintenance will be performed offsite. left and been visually confirmed beyond (1) The manner in which, and the Equipment will be inspected daily by the shutdown zone and 15 or 30 degree to which, the successful the operator for leaks or spills. If leaks minutes (for pinnipeds/small cetaceans implementation of the measure(s) is or spills are encountered, the source of or large cetaceans, respectively) have expected to reduce impacts to marine the leak will be identified, leaked passed without re-detection of the mammals, marine mammal species or material will be cleaned up, and the animal. Pile driving activities include stocks, and their habitat. This considers cleaning materials will be collected and the time to install or remove a single the nature of the potential adverse properly disposed. Fresh cement or pile or series of piles, as long as the time impact being mitigated (likelihood, concrete will not be allowed to enter elapsed between uses of the pile driving scope, range). It further considers the San Francisco Bay. All construction equipment is no more than thirty likelihood that the measure will be materials, wastes, debris, sediment, minutes. effective if implemented (probability of rubbish, trash, fencing, etc. will be For all pile driving activities, a accomplishing the mitigating result if removed from the site once project minimum of one protected species implemented as planned) the likelihood construction is complete, and observed (PSO) will be required,
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stationed at the active pile driving rig or or related field) or training for times when in-water construction at the best vantage point(s) practicable experience; and activities were conducted; dates, times, to monitor the shutdown zones for • WETA will submit PSO CVs for and reason for implementation of marine mammals and implement approval by NMFS. mitigation (or why mitigation was not shutdown or delay procedures when WETA will ensure that observers have implemented when required); and applicable through communication with the following additional qualifications: marine mammal behavior; and • Ability to conduct field the equipment operator. • Monitoring of pile driving will be observations and collect data according Ability to communicate orally, by conducted by qualified PSOs (see to assigned protocols; radio or in person, with project below) who will have no other assigned • Experience or training in the field personnel to provide real-time tasks during monitoring periods. WETA identification of marine mammals, information on marine mammals will adhere to the following conditions including the identification of observed in the area as necessary. when selecting observers: behaviors; To prevent Level A take of any • • Independent PSOs will be used Sufficient training, orientation, or species, shutdown zones equivalent to (i.e., not construction personnel); experience with the construction the Level A harassment zones will be • operation to provide for personal safety At least one PSO must have prior established. If the Level A harassment experience working as a marine during observations; zone is less than 10 m, a minimum 10 mammal observer during construction • Writing skills sufficient to prepare a m shutdown zone will be enforced. activities; report of observations including but not • Other PSOs may substitute limited to the number and species of WETA will implement shutdown zones education (degree in biological science marine mammals observed; dates and as follows:
TABLE 13—PILE DRIVING SHUTDOWN ZONES
Shutdown zone (m) Pile size and installation method High- Low-frequency Mid-frequency frequency Phocid Otariid Cetaceans cetaceans cetaceans pinnipeds pinnipeds
24-in Vibratory ...... 12 10 17 10 10 24-in Impact ...... 264 10 314 141 10 30-in Vibratory ...... 10 10 10 10 10 30-in Impact ...... 264 10 314 141 10 36-in Vibratory ...... 38 10 52 26 10 36-in Impact ...... 505 18 602 270 20
If a species for which authorization curtain during impact pile driving. and their habitat, paying particular has not been granted, or a species for WETA will implement the following attention to rookeries, mating grounds, which authorization has been granted performance standards: and areas of similar significance. but the authorized takes are met, is • The bubble curtain must distribute Proposed Monitoring and Reporting observed approaching or within the air bubbles around 100 percent of the Level B harassment zones (Table 5), pile piling perimeter for the full depth of the In order to issue an IHA for an driving and removal activities must water column; activity, Section 101(a)(5)(D) of the • cease immediately using delay and shut- The lowest bubble ring shall be in MMPA states that NMFS must set forth, down procedures. Activities must not contact with the mudline for the full requirements pertaining to the resume until the animal has been circumference of the ring, and the monitoring and reporting of such taking. confirmed to have left the area or 15 or weights attached to the bottom ring The MMPA implementing regulations at 30 minutes (pinniped/small cetacean or shall ensure 100 percent mudline 50 CFR 216.104 (a)(13) indicate that large cetacean, respectively) has contact. No parts of the ring or other requests for authorizations must include elapsed. objects shall prevent full mudline the suggested means of accomplishing Piles driven with an impact hammer contact; and the necessary monitoring and reporting • will employ a ‘‘soft start’’ technique to WETA shall require that that will result in increased knowledge give fish and marine mammals an construction contractors train personnel of the species and of the level of taking opportunity to move out of the area in the proper balancing of air flow to the or impacts on populations of marine before full-powered impact pile driving bubblers, and shall require that mammals that are expected to be begins. This soft start will include an construction contractors submit an present in the proposed action area. initial set of three strikes from the inspection/performance report for Effective reporting is critical both to impact hammer at reduced energy, approval by WETA within 72 hours compliance as well as ensuring that the followed by a 30 second waiting period, following the performance test. most value is obtained from the required then two subsequent three-strike sets. Corrections to the attenuation device to monitoring. Soft start will be required at the meet the performance standards shall beginning of each day’s impact pile occur prior to impact driving. Monitoring and reporting driving work and at any time following Based on our evaluation of the requirements prescribed by NMFS a cessation of impact pile driving of 30 applicant’s proposed measures, NMFS should contribute to improved minutes or longer. has preliminarily determined that the understanding of one or more of the Impact hammers will be cushioned proposed mitigation measures provide following: using a 12-in thick wood cushion block. the means effecting the least practicable • Occurrence of marine mammal WETA will also employ a bubble impact on the affected species or stocks species or stocks in the area in which
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take is anticipated (e.g., presence, • Describe the methods necessary to professional judgment throughout abundance, distribution, density); continuously assess underwater noise implementation and seek improvements • Nature, scope, or context of likely on a real-time basis, including details on to these methods when deemed marine mammal exposure to potential the number, location, distance, and appropriate. Any modifications to the stressors/impacts (individual or depth of hydrophones and associated protocol will be coordinated between cumulative, acute or chronic), through monitoring equipment; NMFS and WETA. better understanding of: (1) Action or • Provide a means of recording the In addition, the PSO will survey the environment (e.g., source time and number of pile strikes, the Level A and Level B harassment zones characterization, propagation, ambient peak sound energy per strike, and (areas within approximately 2,000 ft of noise); (2) affected species (e.g., life interval between strikes; and the pile-driving area observable from the • history, dive patterns); (3) co-occurrence Provide provisions to provide all shore) on two separate days—no earlier of marine mammal species with the monitoring data to the CDFW and than seven days before the first day of action; or (4) biological or behavioral NMFS. construction—to establish baseline context of exposure (e.g., age, calving or Visual Marine Mammal Observations observations. Monitoring will be timed feeding areas); to occur during various tides (preferably WETA will collect sighting data and • Individual marine mammal low and high tides) during daylight behavioral responses to construction for responses (behavioral or physiological) hours from locations that are publicly marine mammal species observed in the to acoustic stressors (acute, chronic, or accessible (e.g., Pier 14 or the Ferry Level B harassment zones during the cumulative), other stressors, or Plaza). The information collected from period of activity. All PSOs will be cumulative impacts from multiple baseline monitoring will be used for trained in marine mammal stressors; comparison with results of monitoring identification and behaviors and are • How anticipated responses to during pile-driving activities. required to have no other construction- stressors impact either: (1) Long-term related tasks while conducting Data Collection fitness and survival of individual monitoring. WETA proposes to use one marine mammals; or (2) populations, WETA will record detailed PSO to monitor the shutdown zones and species, or stocks; information about any implementation Level B harassment zone. During • Effects on marine mammal habitat of shutdowns, including the distance of previous hydroacoustic monitoring for (e.g., marine mammal prey species, animals to the pile and description of the Bay Bridge construction and acoustic habitat, or other important specific actions that ensued and demolition, it has not been possible to physical components of marine resulting behavior of the animal, if any. detect or distinguish sound from mammal habitat); and In addition, WETA will attempt to • vibratory pile driving beyond 1,000 to distinguish between the number of Mitigation and monitoring 2,000 m (3,280 to 6,562 ft) from the effectiveness. individual animals taken and the source (Rodkin 2009). Thus, the number of incidences of take. We Hydroacoustic Monitoring monitoring zone for the vibratory require that, at a minimum, the driving of 24- and 36-in piles will be set WETA’s proposed monitoring and following information be collected on at 2,000 m (6,562 ft). The monitoring reporting is also described in their the sighting forms: zone for the vibratory driving of 30-in • Hydroacoustic Monitoring Plan and Date and time that monitored piles will be set equivalent to the Level Marine Mammal Monitoring Plan, activity begins or ends; B harassment zone (940 m, 3,084 ft). • available at https://www.fisheries.noaa. Construction activities occurring The PSO will monitor the shutdown gov/national/marine-mammal- during each observation period; zones and monitoring zones before, • protection/incidental-take- Weather parameters (e.g., percent during, and after pile driving. Based on authorizations-construction-activities. cover, visibility); our requirements, WETA will • Water conditions (e.g., sea state, Hydroacoustic monitoring will be implement the following procedures for tide state); conducted in consultation with the pile driving and removal: • Species, numbers, and, if possible, California Department of Fish and • The PSO will be located at the best age and sex class of marine mammals; Wildlife (CDFW) during a minimum of vantage point in order to properly see • Description of any observable ten percent of all impact pile driving the entire shutdown zone and as much marine mammal behavior patterns, activities. Hydroacoustic monitoring of of the monitoring zone as possible; including bearing and direction of vibratory pile driving was completed • During all observation periods, the travel, and if possible, the correlation to during the 2017 construction season and observer will use binoculars and the SPLs; will not be conducted in 2018. naked eye to search continuously for • Distance from pile driving activities Monitoring of impact pile driving will marine mammals; to marine mammals and distance from be done in accordance with the • If the shutdown zones are obscured the marine mammals to the observation methodology outlined in the by fog or poor lighting conditions, pile point; Hydroacoustic Monitoring Plan. The driving will not be initiated until that • Description of implementation of monitoring will be conducted to achieve zone is visible. Should such conditions mitigation measures (e.g., shutdown or the following: arise while pile driving is underway, the delay); • Be based on the dual metric criteria activity would be halted; and • Locations of all marine mammal (Popper et al., 2006) and the • The shutdown and monitoring observations; and accumulated SEL; zones will be monitored for the • Other human activity in the area. • Establish field locations that will be presence of marine mammals before, used to document the extent of the area during, and after any pile driving Reporting experiencing 187 dB SEL accumulated; activity. A draft report will be submitted to • Verify the distance of the Marine PSOs implementing the monitoring NMFS within 90 days of the completion Mammal Level A harassment/shutdown protocol will assess its effectiveness of marine mammal monitoring, or sixty zone and Level B harassment zone using an adaptive approach. The days prior to the requested date of thresholds; monitoring biologist will use their best issuance of any future IHA for projects
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at the same location, whichever comes removal. Potential takes could occur if foraging range; but, because of the short first. The report will include marine individuals of these species are present duration of the activities and the mammal observations pre-activity, in the ensonified zone when pile relatively small area of the habitat that during-activity, and post-activity during driving and removal occurs. may be affected, the impacts to marine pile driving and removal days, and will No injury, serious injury, or mortality mammal habitat are not expected to also provide descriptions of any is anticipated given the nature of the cause significant or long-term negative behavioral responses to construction activities and measures designed to consequences. activities by marine mammals and a minimize the possibility of injury to Effects on individuals that are taken complete description of all mitigation marine mammals. The potential for by Level B harassment, on the basis of shutdowns and the results of those these outcomes is minimized through reports in the literature as well as actions and an extrapolated total take the construction method and the monitoring from other similar activities, estimate based on the number of marine implementation of the planned will likely be limited to reactions such mammals observed during the course of mitigation measures. Specifically, as increased swimming speeds, construction. A final report must be vibratory hammers will be the primary increased surfacing time, or decreased submitted within 30 days following method of installation (impact driving is foraging (if such activity were occurring) resolution of comments on the draft included only as a contingency). Impact (e.g., Thorson and Reyff 2006; Lerma report. pile driving produces short, sharp 2014). Most likely, individuals will pulses with higher peak levels and simply move away from the sound Negligible Impact Analysis and much sharper rise time to reach those Determination source and be temporarily displaced peaks. If impact driving is necessary, from the areas of pile driving, although NMFS has defined negligible impact implementation of soft start and even this reaction has been observed as an impact resulting from the shutdown zones significantly reduces primarily only in association with specified activity that cannot be any possibility of injury. Given impact pile driving. Thus, even repeated reasonably expected to, and is not sufficient ‘‘notice’’ through use of soft Level B harassment of some small reasonably likely to, adversely affect the start (for impact driving), marine subset of the overall stock is unlikely to species or stock through effects on mammals are expected to move away result in any significant realized annual rates of recruitment or survival from a sound source that is annoying decrease in fitness for the affected (50 CFR 216.103). A negligible impact prior to it becoming potentially individuals, and thus will not result in finding is based on the lack of likely injurious. WETA will also employ the any adverse impact to the stock as a adverse effects on annual rates of use of 12-in-thick wood cushion block whole. recruitment or survival (i.e., population- on impact hammers, and a bubble level effects). An estimate of the number curtain as sound attenuation devices. In summary and as described above, of takes alone is not enough information Environmental conditions in San the following factors primarily support on which to base an impact Francisco Ferry Terminal mean that our preliminary determination that the determination. In addition to marine mammal detection ability by impacts resulting from this activity are considering estimates of the number of trained observers is high, enabling a not expected to adversely affect the marine mammals that might be ‘‘taken’’ high rate of success in implementation species or stock through effects on through harassment, NMFS considers of shutdowns to avoid injury. annual rates of recruitment or survival: other factors, such as the likely nature WETA’s activities are localized and of • No mortality is anticipated or of any responses (e.g., intensity, relatively short duration (a maximum of authorized; duration), the context of any responses 41 days of pile driving over the work • Injurious takes are not expected due (e.g., critical reproductive time or season). The entire project area is to the presumed efficacy of the planned location, migration), as well as effects limited to the San Francisco ferry mitigation measures in reducing the on habitat, and the likely effectiveness terminal area and its immediate effects of the specified activity to the of the mitigation. We also assess the surroundings. These localized and level of least practicable impact; number, intensity, and context of short-term noise exposures may cause • Level B harassment may consist of, estimated takes by evaluating this short-term behavioral modifications in at worst, temporary modifications in information relative to population harbor seals, northern fur seals, behavior (e.g., temporary avoidance of status. Consistent with the 1989 northern elephant seals, California sea habitat or changes in behavior); preamble for NMFS’s implementing lions, harbor porpoises, bottlenose • The lack of important feeding, regulations (54 FR 40338; September 29, dolphins, and gray whales. Moreover, pupping, or other areas in the action 1989), the impacts from other past and the planned mitigation and monitoring area; ongoing anthropogenic activities are measures are expected to reduce the • incorporated into this analysis via their likelihood of injury and behavior The high level of ambient noise impacts on the environmental baseline exposures. Additionally, no important already in the ferry terminal area; and • (e.g., as reflected in the regulatory status feeding and/or reproductive areas for The small percentage of the stock of the species, population size and marine mammals are known to be that may be affected by project activities growth rate where known, ongoing within the ensonified area during the (less than seven percent for all species). sources of human-caused mortality, or construction time frame. Based on the analysis contained ambient noise levels). The project also is not expected to herein of the likely effects of the Pile driving activities associated with have significant adverse effects on specified activity on marine mammals the ferry terminal construction project, affected marine mammals’ habitat. The and their habitat, and taking into as outlined previously, have the project activities will not modify consideration the implementation of the potential to disturb or displace marine existing marine mammal habitat for a proposed monitoring and mitigation mammals. Specifically, the specified significant amount of time. The measures, NMFS preliminarily finds activities may result in take, in the form activities may cause some fish to leave that the total marine mammal take from of Level B harassment (behavioral the area of disturbance, thus temporarily the proposed activity will have a disturbance) only, from underwater impacting marine mammals’ foraging negligible impact on all affected marine sounds generated from pile driving and opportunities in a limited portion of the mammal species or stocks.
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Small Numbers may be considered in the analysis, such for which take is requested is as the temporal or spatial scale of the approximately seven percent for As noted above, only small numbers activities. bottlenose dolphins, two percent for of incidental take may be authorized Table 12 details the number of harbor seals, and less than one percent under Section 101(a)(5)(D) of the MMPA instances that animals could be exposed for all other species (Table 14). For for specified activities other than to received noise levels that could cause pinnipeds occurring in the vicinity of military readiness activities. The MMPA Level B harassment for the planned the ferry terminal, there will almost does not define small numbers and so, work at the ferry terminal project site certainly be some overlap in individuals in practice, where estimated numbers relative to the total stock abundance. present day-to-day, and the number of are available, NMFS compares the The instances of take proposed to be individuals taken is expected to be number of individuals taken to the most authorized to be taken for all stocks are appropriate estimation of abundance of considered small relative to the relevant notably lower. Similarly, the number of the relevant species or stock in our stocks or populations even if each bottlenose dolphins that could be determination of whether an estimated instance of take occurred to a subject to Level B harassment is authorization is limited to small new individual—an unlikely scenario. expected to be a single pod of five numbers of marine mammals. The total percent of the population (if individuals exposed up to six times over Additionally, other qualitative factors each instance was a separate individual) the course of the project.
TABLE 14— ESTIMATED NUMBERS AND PERCENTAGE OF STOCKS PROPOSED TO BE AUTHORIZED
Stock Percentage of Species Authorized abundance total stock takes Estimate (%)
Gray whale (Eschrichtius robustus) ...... Eastern North Pacific stock ...... 2 20,990 0.01 Bottlenose dolphin (Tursiops truncatus) ...... California coastal stock ...... 30 453 6.9 Harbor Porpoise (Phocoena phocoena) ...... San Francisco-Russian River Stock ...... 32 9,886 0.32 California sea lion (Zalophus californianus) ...... U.S. Stock ...... 541 296,750 0.18 Northern fur seal (Callorhinus ursinus) ...... California stock ...... 10 14,050 0.07 Pacific harbor seal (Phoca vitulina richardii) ...... California stock ...... 637 30,968 2.06 Northern elephant seal (Mirounga angustirostris) ...... California breeding stock ...... 26 179,000 0.01
Based on the analysis contained threatened species or result in the Mammal Protection Act (MMPA; 16 herein of the proposed activity destruction or adverse modification of U.S.C. 1371(a)(5)(D)) to harass marine (including the proposed mitigation and designated critical habitat. mammals incidental to conducting their monitoring measures) and the No incidental take of ESA-listed Downtown San Francisco Ferry anticipated take of marine mammals, species is proposed for authorization or Terminal Expansion Project, South NMFS preliminarily finds that small expected to result from this activity. Basin Improvements Project in San numbers of marine mammals will be Therefore, NMFS has determined that Francisco, California (CA), when taken relative to the population size of formal consultation under section 7 of adhering to the following terms and the affected species or stocks. the ESA is not required for this action. conditions. 1. This Incidental Harassment Unmitigable Adverse Impact Analysis Proposed Authorization and Determination Authorization (IHA) is valid for one year As a result of these preliminary from June 1, 2018 through May 31, There are no relevant subsistence uses determinations, NMFS proposes to issue 2018. of the affected marine mammal stocks or an IHA to WETA for conducting their 2. This IHA is valid only for pile species implicated by this action. Downtown San Francisco Ferry driving activities associated with the Therefore, NMFS has preliminarily Terminal Expansion Project, South Downtown San Francisco Ferry determined that the total taking of Basin Improvements Project in San Terminal Expansion Project, South affected species or stocks would not Francisco, CA, provided the previously Basin Improvements Project in San have an unmitigable adverse impact on mentioned mitigation, monitoring, and Francisco Bay, CA. the availability of such species or stocks reporting requirements are incorporated. 3. General Conditions for taking for subsistence purposes. This IHA would be valid from June 1, (a) A copy of this IHA must be in the 2018 to May 31, 2019. This section Endangered Species Act (ESA) possession of WETA, its designees, and contains a draft of the IHA itself. The work crew personnel operating under Section 7(a)(2) of the Endangered wording contained in this section is the authority of this IHA. Species Act of 1973 (ESA: 16 U.S.C. proposed for inclusion in the IHA (if (b) The species authorized for taking 1531 et seq.) requires that each Federal issued). are summarized in Table 1. agency insure that any action it The San Francisco Bay Area Water (c) The taking, by Level B harassment authorizes, funds, or carries out is not Emergency Transportation Authority only, is limited to the species listed in likely to jeopardize the continued (WETA) is hereby authorized under condition 3(b). See Table 1 (attached) existence of any endangered or section 101(a)(5)(D) of the Marine for numbers of take authorized.
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(d) The taking by injury (Level A (iii) The observer shall be equipped monitoring during pile driving harassment), serious injury, or death of for commotional of marine mammal activities. Monitoring and reporting any of the species listed in condition observations to relevant personnel (e.g., shall be conducted in accordance with 3(b) of the Authorization or any taking those necessary to effect activity delay the Monitoring Plan. of any other species of marine mammal or shutdown). (a) WETA shall collect sighting data is prohibited and may result in the (iv) Pre-activity monitoring shall take and behavioral responses to pile driving modification, suspension, or revocation place from 30 minutes prior to initiation for marine mammal species observed in of this IHA. of pile driving activity and post-activity the monitoring zones during the period (e) WETA shall conduct briefings monitoring shall continue through 30 of activity. All observers shall be trained between construction supervisors and minutes post-completion of pile driving in marine mammal identification and crews, marine mammal monitoring activity. Pile driving may commence at behaviors, and shall have no other team, acoustical monitoring team, and the end of the 30-minute pre-activity construction-related tasks while WETA staff prior to the start of all pile monitoring period, provided observers conducting monitoring. driving activities, and when new have determined that the shutdown (b) WETA shall adhere to the personnel join the work, in order to zone is clear of marine mammals, which following conditions when selecting explain responsibilities, communication includes delaying start of pile driving observers: procedures, marine mammal monitoring activities if a marine mammal is sighted (i) Independent PSOs must be used protocol, and operational procedures. in the zone. (i.e., not construction personnel); 4. Mitigation Measures (v) If a marine mammal approaches or (ii) At least one PSOs must have prior The holder of this Authorization is enters the shutdown zone during experience working as a marine required to implement the following activities or pre-activity monitoring, all mammal observer during construction mitigation measures: pile driving activities at that location activities; (a) For in-water heavy machinery shall be halted or delayed, respectively. (iii) Other PSOs may substitute work other than pile driving (e.g., If pile driving is halted or delayed due education (degree in biological science standard barges, tug boats, barge- to the presence of a marine mammal, the or related field) or training for mounted excavators, or clamshell activity may not resume or commence experience; and (iv) WETA shall submit PSO CVs for equipment used to place or remove until either the animal has voluntarily approval by NMFS. material), if a marine mammal comes left and been visually confirmed beyond (c) WETA shall ensure that observers within 10 meters, operations shall cease the shutdown zone and 15 minutes have have the following additional and vessels shall reduce speed to the passed without re-detection of the pinniped or small cetacean, or 30 qualifications: minimum level required to maintain (i) Ability to conduct field steerage and safe working conditions. minutes have passed without re- detection of the gray whale. Pile driving observations and collect data according (b) For all pile driving, WETA shall to assigned protocols; implement shutdown zones equivalent activities include the time to install or remove a single pile or series of piles, (ii) Experience or training in the field to the Level A harassment zones. If the identification of marine mammals, calculated Level A harassment zone is as long as the time elapsed between uses of the pile driving equipment is no more including the identification of less than 10 m, WETA shall implement behaviors; a minimum 10 m shutdown zone. Table than thirty minutes. (e) WETA shall use soft start (iii) Sufficient training, orientation, or 2 outlines the shutdown zones for each techniques when impact pile driving. experience with the construction pile driving activity. Soft start requires contractors to provide operation to provide for personal safety (c) If a species for which authorization an initial set of strikes at reduced during observations; has not been granted (including, but not energy, followed by a thirty-second (iv) Writing skills sufficient to prepare limited to, Guadalupe fur seals and waiting period, then two subsequent a report of observations including, but humpback whales) or if a species for reduced energy strike sets. Soft start not limited to, the number and species which authorization has been granted shall be implemented at the start of each of marine mammals observed; dates and but the authorized takes are met, day’s impact pile driving and at any times when in-water construction approaches or is observed within the time following cessation of impact pile activities were conducted; dates, times, Level B harassment zone, activities shall driving for a period of thirty minutes or and reasons for implementation of shut down immediately and shall not longer. mitigation (or why mitigation was not restart until the animals have been (f) WETA shall employ a bubble implemented when required); and confirmed to have left the area. curtain during impact pile driving of marine mammal behavior; and (d) WETA shall establish monitoring steel piles and shall implement the (v) Ability to communicate orally, by protocols as described below. following performance standards: radio or in person, with project (i) For all pile driving activities, a (i) The bubble curtain must distribute personnel to provide real-time Protected Species Observer (PSO) shall air bubbles around 100 percent of the information on marine mammals be employed to achieve optimal piling perimeter for the full depth of the observed in the area as necessary. monitoring of the shutdown zones and water column. 6. Reporting the surrounding waters of the ferry (ii) The lowest bubble ring shall be in The holder of this Authorization is terminal and San Francisco Bay. contact with the mudline for the full required to: (ii) This observer shall record all circumference of the ring, and the (a) Submit a draft report on all observations of marine mammals, weights attached to the bottom ring monitoring conducted under the IHA regardless of distance from the pile shall ensure 100 percent mudline within ninety calendar days of the being driven, as well as behavior and contact. No parts of the ring or other completion of marine mammal and potential behavioral reactions of the objects shall prevent full mudline acoustic monitoring, or sixty days prior animals. Observations within the ferry contact. to the issuance of any subsequent IHA terminal shall be distinguished from 5. Monitoring for this project, whichever comes first. those in the nearshore waters of San The holder of this Authorization is A final report shall be prepared and Francisco Bay. required to conduct marine mammal submitted within thirty days following
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resolution of comments on the draft and the West Coast Regional Stranding and the West Coast Regional Stranding report from NMFS. This report must Coordinator, NMFS. The report must Coordinator, NMFS. The report must contain the informational elements include the following information: include the same information identified described in the Monitoring Plan, at (1) Time and date of the incident; in 6(b)(i) of this IHA. Activities may minimum (see https://www.fisheries. (2) Description of the incident; continue while NMFS reviews the noaa.gov/national/marine-mammal- (3) Environmental conditions (e.g., circumstances of the incident. NMFS protection/incidental-take- wind speed and direction, Beaufort sea will work with WETA to determine authorizations-construction-activities), state, cloud cover, and visibility); whether additional mitigation measures and shall also include: (4) Description of all marine mammal or modifications to the activities are (i) Detailed information about any observations and active sound source appropriate. use in the 24 hours preceding the implementation of shutdowns, (iii) In the event that WETA discovers including the distance of animals to the incident; (5) Species identification or an injured or dead marine mammal, and pile driving location and description of the lead observer determines that the specific actions that ensued and description of the animal(s) involved; (6) Fate of the animal(s); and injury or death is not associated with or resulting behavior of the animal, if any. related to the activities authorized in the (ii) Description of attempts to (7) Photographs or video footage of IHA (e.g., previously wounded animal, distinguish between the number of the animal(s). carcass with moderate to advanced individual animals taken and the Activities shall not resume until decomposition, or scavenger damage), number of incidences of take, such as NMFS is able to review the WETA shall report the incident to the ability to track groups or individuals. circumstances of the prohibited take. (iii) An estimated total take NMFS will work with WETA to Office of Protected Resources, NMFS, extrapolated from the number of marine determine what measures are necessary and the West Coast Regional Stranding mammals observed during the course of to minimize the likelihood of further Coordinator, NMFS, within 24 hours of construction activities, if necessary. prohibited take and ensure MMPA the discovery. WETA shall provide (b) Reporting injured or dead marine compliance. WETA may not resume photographs or video footage or other mammals: their activities until notified by NMFS. documentation of the stranded animal (i) In the unanticipated event that the (ii) In the event that WETA discovers sighting to NMFS. specified activity clearly causes the take an injured or dead marine mammal, and 7. This Authorization may be of a marine mammal in a manner the lead observer determines that the modified, suspended or withdrawn if prohibited by this IHA, such as an cause of the injury or death is unknown the holder fails to abide by the injury (Level A harassment), serious and the death is relatively recent (e.g., conditions prescribed herein, or if injury, or mortality, WETA shall in less than a moderate state of NMFS determines the authorized taking immediately cease the specified decomposition), WETA shall is having more than a negligible impact activities and report the incident to the immediately report the incident to the on the species or stock of affected Office of Protected Resources, NMFS, Office of Protected Resources, NMFS, marine mammals.
TABLE 15—AUTHORIZED TAKE NUMBERS
Authorized take Species Level A Level B
Harbor seal ...... 0 637 California sea lion ...... 0 541 Northern elephant seal ...... 0 26 Northern fur seal ...... 0 10 Harbor porpoise ...... 0 32 Gray whale ...... 0 2 Bottlenose dolphin ...... 0 30
TABLE 16—PILE DRIVING SHUTDOWN ZONES
Shutdown zone (m) Pile size and installation method High- Low-frequency Mid-frequency frequency Phocid Otariid cetaceans cetaceans cetaceans pinnipeds pinnipeds
24-in Vibratory ...... 12 10 17 10 10 24-in Impact ...... 264 10 314 141 10 30-in Vibratory ...... 10 10 10 10 10 30-in Impact ...... 264 10 314 141 10 36-in Vibratory ...... 38 10 52 26 10 36-in Impact ...... 505 18 602 270 20
Request for Public Comments IHA for the proposed [action]. We also Please include with your comments any request comment on the potential for supporting data or literature citations to We request comment on our analyses, renewal of this proposed IHA as help inform our final decision on the the proposed authorization, and any described in the paragraph below. request for MMPA authorization. other aspect of this Notice of Proposed
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On a case-by-case basis, NMFS may STORMREADY® SUPPORTER DEPARTMENT OF COMMERCE issue a second one-year IHA without APPLICATION FORMS. additional notice when (1) another year OMB Control Number: 0648–0419. National Oceanic and Atmospheric of identical or nearly identical activities Form Number(s): None. Administration as described in the Specified Activities Type of Request: Regular (extension of section is planned or (2) the activities a currently approved information RIN 0648–XG195 would not be completed by the time the collection). IHA expires and a second IHA would Number of Respondents: 285. New England Fishery Management allow for completion of the activities Average Hours per Response: Full Council; Public Meeting beyond that described in the Dates and applications, 2 hours; supporter applications, 1 hour. Duration section, provided all of the AGENCY: National Marine Fisheries Burden Hours: 525. Service (NMFS), National Oceanic and following conditions are met: Needs and Uses: This request is for • A request for renewal is received no Atmospheric Administration (NOAA), extension of a currently approved Commerce. later than 60 days prior to expiration of information collection. the current IHA. The National Weather Service (NWS) ACTION: Notice; public meeting. • The request for renewal must established the StormReady program in SUMMARY: The New England Fishery include the following: 1999 and the TsunamiReady program in Management Council (Council) is (1) An explanation that the activities 2002 to help counties, cities and towns to be conducted beyond the initial dates implement procedures to reduce the scheduling a public meeting of its either are identical to the previously potential for weather-related and Groundfish Advisory Panel to consider analyzed activities or include changes tsunami hazards. By participating in actions affecting New England fisheries so minor (e.g., reduction in pile size) this program, local agencies earn in the exclusive economic zone (EEZ). that the changes do not affect the recognition for their jurisdiction by Recommendations from this group will previous analyses, take estimates, or meeting guidelines established by the be brought to the full Council for formal mitigation and monitoring NWS in partnership with federal, state, consideration and action, if appropriate. requirements; and and local emergency management DATES: This meeting will be held on (2) A preliminary monitoring report professionals. Information and details Tuesday, May 8, 2018 at 9:30 a.m. showing the results of the required on the StormReady and TsunamiReady ADDRESSES: The meeting will be held at monitoring to date and an explanation programs are located at https:// the Hilton Garden Inn Logan Airport, showing that the monitoring results do www.weather.gov/stormready/ and 100 Boardman Street, Boston, MA not indicate impacts of a scale or nature https://www.weather.gov/tsunami 02129; Phone: (617) 561–0798. not previously analyzed or authorized. ready/. Council address: New England Many businesses, schools, nonprofit • Upon review of the request for Fishery Management Council, 50 Water organizations and other non- renewal, the status of the affected Street, Mill 2, Newburyport, MA 01950. species or stocks, and any other governmental entities establish severe weather safety plans and actively FOR FURTHER INFORMATION CONTACT: pertinent information, NMFS Thomas A. Nies, Executive Director, determines that there are no more than promote severe weather safety awareness activities. The NWS New England Fishery Management minor changes in the activities, the Council; telephone: (978) 465–0492. mitigation and monitoring measures established the StormReady and remain the same and appropriate, and TsunamiReady Supporter programs to SUPPLEMENTARY INFORMATION: the original findings remain valid. recognize those entities do not have the resources necessary to fulfill all the full Agenda Dated: April 24, 2018. StormReady or TsunamiReady The Advisory Panel will provide Donna S. Wieting, eligibility but actively promote the recommendations to the Groundfish Director, Office of Protected Resources, principles of the program. Committee on Groundfish Monitoring National Marine Fisheries Service. Affected Public: Business or other for- Amendment 23 specifically the draft [FR Doc. 2018–08888 Filed 4–26–18; 8:45 am] profit organization; not-for-profit alternatives and Plan Development BILLING CODE 3510–22–P institutions; state, local or tribal Team (PDT) work related to government. development of the action. They will Frequency: Every three years or also discuss priorities for 2018 and the DEPARTMENT OF COMMERCE annually. PDT work to date and make Respondent’s Obligation: Voluntary. recommendations to the Groundfish National Oceanic and Atmospheric This information collection request Administration Committee. Other business will be may be viewed at reginfo.gov. Follow discussed as necessary. the instructions to view Department of Although non-emergency issues not Submission for OMB Review; Commerce collections currently under contained in this agenda may come Comment Request review by OMB. Written comments and before this group for discussion, those The Department of Commerce will recommendations for the proposed issues may not be the subject of formal submit to the Office of Management and information collection should be sent action during these meetings. Action Budget (OMB) for clearance the within 30 days of publication of this will be restricted to those issues following proposal for collection of notice to OIRA_Submission@ specifically listed in this notice and any information under the provisions of the omb.eop.gov or fax to (202) 395–5806. issues arising after publication of this Paperwork Reduction Act. notice that require emergency action Agency: National Oceanic and Dated: April 24, 2018. under section 305(c) of the Magnuson- Atmospheric Administration (NOAA). Sarah Brabson, Stevens Act, provided the public has Title: STORMREADY® NOAA PRA Clearance Officer. been notified of the Council’s intent to TSUMANIREADY®, [FR Doc. 2018–08939 Filed 4–26–18; 8:45 am] take final action to address the TSUNAMIREADY® SUPPORTER, AND BILLING CODE 3510–22–P emergency.
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Special Accommodations The Chinook Salmon Economic Data DEPARTMENT OF COMMERCE This meeting is physically accessible Report (Chinook Salmon EDR) Program National Oceanic and Atmospheric to people with disabilities. Requests for provides NMFS and the North Pacific Administration sign language interpretation or other Fishery Management Council (Council) with data to evaluate the effectiveness of auxiliary aids should be directed to Proposed Information Collection; Chinook salmon bycatch management Thomas A. Nies, Executive Director, at Comment Request; Pacific Islands (978) 465–0492, at least 5 days prior to measures for the Bering Sea pollock Logbook Family of Forms the meeting date. This meeting will be fishery that were implemented under recorded. Consistent with 16 U.S.C. Amendment 91 to the Fishery AGENCY: National Oceanic and 1852, a copy of the recording is Management Plan for Groundfish of the Atmospheric Administration (NOAA), available upon request. Bering Sea and Aleutian Islands Commerce. Authority: 16 U.S.C. 1801 et seq. Management Area (75 FR 53026, August ACTION: Notice. 30, 2010). The EDR consists of three Dated: April 24, 2018. SUMMARY: The Department of data collections that are submitted Tracey L. Thompson, Commerce, as part of its continuing annually by owners and operators of Acting Deputy Director, Office of Sustainable effort to reduce paperwork and Fisheries, National Marine Fisheries Service. catcher vessels, catcher/processors, respondent burden, invites the general motherships, and the Western Alaska [FR Doc. 2018–08928 Filed 4–26–18; 8:45 am] public and other Federal agencies to Community Development Quota BILLING CODE 3510–22–P take this opportunity to comment on Program groups qualified to participate proposed and/or continuing information in the Bering Sea pollock fishery (50 collections, as required by the DEPARTMENT OF COMMERCE CFR 679.65). The Chinook Salmon EDR Paperwork Reduction Act of 1995. Program also includes a means for DATES: Written comments must be National Oceanic and Atmospheric NMFS to verify the data submitted in submitted on or before June 26, 2018. Administration these three collections. ADDRESSES: Direct all written comments Submission for OMB Review; NMFS and the Council use the to Jennifer Jessup, Departmental Comment Request information to determine the Paperwork Clearance Officer, effectiveness of the Incentive Plan Department of Commerce, Room 6616, The Department of Commerce will Agreement (IPA), the IPA incentives, the 14th and Constitution Avenue NW, submit to the Office of Management and PSC limits, and the performance Washington, DC 20230 (or via the Budget (OMB) for clearance the standard in terms of minimizing salmon internet at [email protected]). following proposal for collection of bycatch in times of high and low levels FOR FURTHER INFORMATION CONTACT: information under the provisions of the of salmon abundance. NMFS and the Requests for additional information or Paperwork Reduction Act. copies of the information collection Agency: National Oceanic and Council also use the data to evaluate instrument and instructions should be Atmospheric Administration (NOAA). how Amendment 91 affects where, Title: Alaska Chinook Salmon when, and how pollock fishing and directed to Walter Ikehara, (808) 725– Economic Data Report. salmon bycatch occur and to study and 5175 or [email protected]. OMB Control Number: 0648–0633. verify conclusions drawn by industry in SUPPLEMENTARY INFORMATION: Form Number(s): None. the IPA annual reports. I. Abstract Type of Request: Regular (extension of Affected Public: Business or other for- a currently approved information This request is for extension of a profit organizations. collection). currently approved information Number of Respondents: 117. Frequency: Annually. collection. Average Hours per Response: 40 Respondent’s Obligation: Required to Fishermen in Federally-managed fisheries in the Pacific Islands Region hours for Compensated Transfer Report; obtain or retain benefits. 4 hours each for Vessel Fuel Survey, are required to provide certain Vessel Master Survey; and Chinook EDR This information collection request information about their fishing Verification/Audit. may be viewed at reginfo.gov. Follow activities, catch, and interactions with Burden Hours: 728. the instructions to view Department of protected species by submitting reports Needs and Uses: This request is for Commerce collections currently under to National Marine Fisheries Service, extension of a currently approved review by OMB. per 50 CFR part 665. These data are information collection. Written comments and needed to determine the condition of National Marine Fisheries Service recommendations for the proposed the stocks and whether the current (NMFS) manages the Bering Sea pollock information collection should be sent management measures are having the fishery under the American Fisheries within 30 days of publication of this intended effects, to evaluate the benefits Act (AFA) (16 U.S.C. 1851). AFA fishing notice to OIRA_Submission@ and costs of changes in management vessels harvest pollock in the Bering Sea measures, and to monitor and respond omb.eop.gov or fax to (202) 395–5806. pollock fishery using pelagic (mid- to accidental takes of endangered and water) trawl gear, which consists of Dated: April 24, 2018. threatened species, including seabirds, large nets towed through the water by Sarah Brabson, sea turtles, and marine mammals. the vessel. At times, Chinook salmon NOAA PRA Clearance Officer. and pollock occur in the same locations II. Method of Collection [FR Doc. 2018–08937 Filed 4–26–18; 8:45 am] in the Bering Sea; consequently, Respondents have a choice of either Chinook salmon are incidentally caught BILLING CODE 3510–22–P electronic or paper forms. Methods of in the nets as pollock is harvested. This submittal include email of electronic incidental catch is called bycatch and is forms, submission via vessel monitoring also called prohibited species catch system device or online, and mail and (PSC). facsimile transmission of paper forms.
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III. Data ACTION: Notice; public hearings and Wednesday, May 9, 2018; Hampton OMB Control Number: 0648–0214. webinar. Inn & Suites Houston/League City, 2320 Gulf Freeway South, League City, Texas, Form Number: None. SUMMARY: The Gulf of Mexico Fishery Type of Review: Regular submission 77573; telephone: (281) 614–5437. Management Council (Council) will Tuesday, May 22, 2018, Webinar—6 (extension of a currently approved hold eight public hearings and webinar collection). p.m. EST at: https://attendee.goto to solicit public comments on Draft webinar.com/register/42482956166 Affected Public: Businesses or other Amendment 9—Coral Habitat Areas for-profit organizations; individuals or 05995266. Considered for Management in the Gulf After registering, you will receive a households. of Mexico. Estimated Number of Respondents: confirmation email containing DATES: The public hearings will take information about joining the webinar. 527. place May 7–June 6, 2018. The meetings Estimated Time per Response: Monday, June 4, 2018; Marriott and webinar will begin at 6 p.m. and Beachside, 3841 N. Roosevelt Logbooks and sales reports, 5–35 will conclude no later than 9 p.m. For minutes based on fishery, entry/exit and Boulevard, Key West, FL 33040; specific dates and times, see telephone: (305) 296–8100; Louisiana landing notices, Protected Species Zone SUPPLEMENTARY INFORMATION. Written entry/exit notices, 5 minutes; landing/ Department of Wildlife and Fisheries public comments must be received on or Laboratory, 195 Ludwig Annex, Grand offloading notices, 3 minutes. before 5 p.m. EST on Tuesday, June 5, Estimated Total Annual Burden Isle, LA 70358; (985) 787–2163. 2018. Tuesday, June 5, 2018; Courtyard by Hours: 15,509. ADDRESSES: The public documents can Estimated Total Annual Cost to Marriott Biloxi/North D ’Iberville, 11471 be obtained by contacting the Gulf of Cinema Drive, D ’Iberville, MS 39540; Public: $2,500 in recordkeeping/ Mexico Fishery Management Council, reporting costs. telephone: (228) 392–1200; Holiday Inn 2203 N Lois Avenue, Suite 1100, Express & Suites St. Petersburg— IV. Request for Comments Tampa, FL 33607; (813) 348–1630 or on Seminole, 4816 100th Way North, St. their website at www.gulfcouncil.org. Comments are invited on: (a) Whether Petersburg, FL, 33708; telephone: (727) Meeting addresses: The public 914–7107. the proposed collection of information hearings will be held in Key West and is necessary for the proper performance Wednesday, June 6, 2018; Renaissance Madeira Beach, FL; Brownsville, Mobile Riverview Plaza Hotel, 64 South of the functions of the agency, including Palacios and Clear Lake, TX; Mobile, whether the information shall have Water Street, Mobile, AL 36602; AL, D’Iberville, MS and Grand Isle, LA. telephone: (251) 438–4000. practical utility; (b) the accuracy of the For specific locations, see agency’s estimate of the burden SUPPLEMENTARY INFORMATION. Special Accommodations (including hours and cost) of the Public comments: Comments may be These meetings are physically proposed collection of information; (c) submitted online through the Council’s accessible to people with disabilities. ways to enhance the quality, utility, and public portal by visiting Requests for sign language clarity of the information to be www.gulfcouncil.org and clicking on interpretation or other auxiliary aids collected; and (d) ways to minimize the ‘‘CONTACT US’’. should be directed to Kathy Pereira (see burden of the collection of information FOR FURTHER INFORMATION CONTACT: Dr. on respondents, including through the ADDRESSES), at least 5 working days Morgan Kilgour, Fishery Biologist; prior to the meeting date. use of automated collection techniques [email protected], Gulf of or other forms of information Mexico Fishery Management Council; Authority: 16 U.S.C. 1801 et seq. technology. telephone: (813) 348–1630. Dated: April 24, 2018. Comments submitted in response to SUPPLEMENTARY INFORMATION: The Tracey L. Thompson, this notice will be summarized and/or agenda for the following eight hearings Acting Deputy Director, Office of Sustainable included in the request for OMB and webinar are as follows: Council staff Fisheries, National Marine Fisheries Service. approval of this information collection; will brief the public on the purpose and [FR Doc. 2018–08925 Filed 4–26–18; 8:45 am] they also will become a matter of public need of the amendment. The Council is BILLING CODE 3510–22–P record. currently considering creating several Dated: April 24, 2018. new habitat areas of particular concern Sarah Brabson, in the Gulf of Mexico. Council staff will DEPARTMENT OF COMMERCE NOAA PRA Clearance Officer. also provide an overview of the actions and alternatives considered in the National Oceanic and Atmospheric [FR Doc. 2018–08940 Filed 4–26–18; 8:45 am] Administration BILLING CODE 3510–22–P amendment including the Council preferred alternatives. RIN 0648–XG196 Staff and a Council member will be DEPARTMENT OF COMMERCE available to answer any questions and New England Fishery Management the public will have the opportunity to Council; Public Meeting National Oceanic and Atmospheric provide testimony on the amendment Administration and other related testimony. AGENCY: National Marine Fisheries The schedule is as follows: Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), RIN 0648–XG194 Locations Commerce. Gulf of Mexico Fishery Management Monday, May 7, 2018; Courtyard by ACTION: Notice; public meeting. Council; Public Meetings Marriott Brownville, 3955 N. Expressway, Brownsville, TX 78520; SUMMARY: The New England Fishery AGENCY: National Marine Fisheries telephone: (956) 350–4600. Management Council (Council) is Service (NMFS), National Oceanic and Tuesday, May 8, 2018; Port of scheduling a public meeting of its Atmospheric Administration (NOAA), Palacios, 1602 Main Street, Palacios, TX Groundfish Committee to consider Commerce. 77465; telephone: (361) 972–5556. actions affecting New England fisheries
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in the exclusive economic zone (EEZ). DEPARTMENT OF COMMERCE limited to a total time of one (1) minute. Recommendations from this group will Written comments for the meeting be brought to the full Council for formal National Oceanic and Atmospheric should be received in the SAB consideration and action, if appropriate. Administration (NOAA) Executive Director’s Office by May 17, 2018 to provide sufficient time for SAB DATES: This meeting will be held on Science Advisory Board (SAB); Public Wednesday, May 9, 2018 at 9 a.m. review. Written comments received after Meeting of the NOAA Science Advisory by the SAB Executive Director after ADDRESSES: The meeting will be held at Board these dates will be distributed to the the Hilton Garden Inn Logan Airport, AGENCY: Office of Oceanic and SAB, but may not be reviewed prior to 100 Boardman Street, Boston, MA the meeting date. 02129; Phone: (617) 561–0798. Atmospheric Research (OAR), National Oceanic and Atmospheric Special Accommodations: This Council address: New England meeting is only virtually accessible. Fishery Management Council, 50 Water Administration (NOAA), Department of Commerce (DOC). Requests for special accommodations Street, Mill 2, Newburyport, MA 01950. may be directed to the Executive ACTION: Notice of public meeting. FOR FURTHER INFORMATION CONTACT: Director no later than 12 p.m. EDT on Thomas A. Nies, Executive Director, SUMMARY: This notice sets forth the May 17, 2018. New England Fishery Management schedule and proposed agenda of a Matters To Be Considered: The Council; telephone: (978) 465–0492. meeting of the NOAA Science Advisory purpose of this meeting is to review, SUPPLEMENTARY INFORMATION: Board (SAB). The members will discuss discuss, and approve the 2018–2019 issues outlined in the section on matters SAB work plan. Meeting materials, Agenda to be considered. including work products will be made The committee will review the DATES: The meeting will be held May available on the SAB website: http:// Groundfish Advisory Panel 24, 2018 from 11:00 a.m. to 12:00 p.m. sab.noaa.gov/SABMeetings.aspx. recommendations and provide Eastern Daylight Time (EDT). The time Dated: April 21, 2018. recommendations to the Council on and agenda topic described below are David Holst, Groundfish Monitoring Amendment 23 subject to change. For the latest agenda Chief Financial Officer/Administrative specifically the draft alternatives and please refer to the SAB website: http:// Officer, Office of Oceanic and Atmospheric Plan Development Team (PDT) work sab.noaa.gov/SABMeetings.aspx. Research, National Oceanic and Atmospheric related to development of the action. ADDRESSES: Webinar. Members of the Administration. They will also discuss priorities for public may participate virtually by [FR Doc. 2018–08930 Filed 4–26–18; 8:45 am] 2018 and the PDT work to date and registering at: https://attendee.goto BILLING CODE 3510–KD–P make recommendations to the Council. webinar.com/register/3728272796 Other business will be discussed as 132724738. necessary. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Dr. Although non-emergency issues not Cynthia Decker, Executive Director, contained in this agenda may come National Oceanic and Atmospheric SSMC3, Room 11230, 1315 East-West before this group for discussion, those Administration Hwy., Silver Spring, MD 20910; Phone issues may not be the subject of formal Number: 301–734–1156; Email: Submission for OMB Review; action during these meetings. Action [email protected]; or visit the Comment Request will be restricted to those issues SAB website at http://sab.noaa.gov/ specifically listed in this notice and any The Department of Commerce will SABMeetings.aspx. issues arising after publication of this submit to the Office of Management and notice that require emergency action SUPPLEMENTARY INFORMATION: The Budget (OMB) for clearance the under section 305(c) of the Magnuson- NOAA Science Advisory Board (SAB) following proposal for collection of Stevens Act, provided the public has was established by a Decision information under the provisions of the been notified of the Council’s intent to Memorandum dated September 25, Paperwork Reduction Act. take final action to address the 1997, and is the only Federal Advisory Agency: National Oceanic and emergency. Committee with responsibility to advise Atmospheric Administration (NOAA). the Under Secretary of Commerce for Title: Alaska Commercial Operator’s Special Accommodations Oceans and Atmosphere on strategies Annual Report (COAR). This meeting is physically accessible for research, education, and application OMB Control Number: 0648–0428. to people with disabilities. Requests for of science to operations and information Form Number(s): None. sign language interpretation or other services. SAB activities and advice Type of Request: Regular (extension of auxiliary aids should be directed to provide necessary input to ensure that a currently approved information Thomas A. Nies, Executive Director, at National Oceanic and Atmospheric collection). (978) 465–0492, at least 5 days prior to Administration (NOAA) science Number of Respondents: 98. the date. This meeting will be recorded. programs are of the highest quality and Average Hours per Response: Eight Consistent with 16 U.S.C. 1852, a copy provide optimal support to resource hours. of the recording is available upon management. Burden Hours: 784. request. Status: The meeting will be open to Needs and Uses: This request is for Authority: 16 U.S.C. 1801 et seq. public participation with a 5-minute extension of a currently approved public comment period at 11:45 a.m. information collection. Dated: April 24, 2018. EDT. The SAB expects that public The Alaska Commercial Operator’s Tracey L. Thompson, statements presented at its meetings will Annual Report (COAR) is a report that Acting Deputy Director, Office of Sustainable not be repetitive of previously collects harvest and production Fisheries, National Marine Fisheries Service. submitted verbal or written statements. information broken out by specific [FR Doc. 2018–08929 Filed 4–26–18; 8:45 am] In general, each individual or group criteria such as gear type, area, delivery BILLING CODE 3510–22–P making a verbal presentation will be and product type, and pounds and
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value. The COAR is due by April 1 of nomination form with the DEPARTMENT OF COMMERCE the year following any buying or recommendations, and submit the processing activity. request for nomination to the USPTO. United States Patent and Trademark Office Any person or company who received Burden Hours: 2,000 hours per year. a Fisheries Business License from the Alaska Department of Revenue and an Cost Burden: $0 per year. Post Registration (Trademark Intent to Operate Permit by Alaska Needs and Uses: The purpose of the Processing) Department of Fish and Game (ADF&G) National Medal of Technology and ACTION: Proposed collection; comment is required to annually submit the Innovation is to recognize those who request. COAR to the ADF&G, under Alaska have made lasting contributions to Administrative Code (AAC), chapter 5 America’s competitiveness, standard of SUMMARY: The United States Patent and AAC 39.130. Any owner of a catcher/ living, and quality of life through Trademark Office (USPTO), as required processor or mothership with a Federal technological innovation, and to by the Paperwork Reduction Act of permit operating in the EEZ off Alaska recognize those who have made 1995, invites comments on a proposed is required to annually submit a COAR substantial contributions to strengthen extension of an existing information to ADF&G under 50 CFR 679.5(p). the Nation’s technological workforce. By collection: 0651–0055 (Post Registration Affected Public: Business or other for- highlighting the national importance of (Trademark Processing)). profit organizations. technological innovation, the Medal DATES: Written comments must be Frequency: Annually. submitted on or before June 26, 2018. Respondent’s Obligation: Mandatory. also seeks to inspire future generations ADDRESSES: You may submit comments This information collection request of Americans to prepare for and pursue by any of the following methods: may be viewed at reginfo.gov. Follow technical careers to keep America on the • Email: InformationCollection@ the instructions to view Department of forefront of global technology and uspto.gov. Include ‘‘0651–0055 Commerce collections currently under economic leadership. comment’’ in the subject line of the review by OMB. Frequency: On occasion. message. Written comments and • Federal Rulemaking Portal: http:// recommendations for the proposed Respondent’s Obligation: Required to Obtain or Retain Benefits. www.regulations.gov. information collection should be sent • Mail: Marcie Lovett, Records and within 30 days of publication of this OMB Desk Officer: Nicholas A. Fraser, _ _ _ Information Governance Division notice to OIRA Submission@ email: Nicholas A. Fraser@ Director, Office of the Chief Technology omb.eop.gov or fax to (202) 395–5806. omb.eop.gov. Officer, United States Patent and Dated: April 24, 2018. Once submitted, the request will be Trademark Office, P.O. Box 1450, Sarah Brabson, publicly available in electronic format Alexandria, VA 22313–1450. NOAA PRA Clearance Officer. through www.reginfo.gov. Follow the FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–08938 Filed 4–26–18; 8:45 am] instructions to view Department of Requests for additional information BILLING CODE 3510–22–P Commerce collections currently under should be directed to Catherine Cain, review by OMB. Attorney Advisor, Office of the Further information can be obtained Commissioner for Trademarks, United DEPARTMENT OF COMMERCE by: States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– • United States Patent and Trademark Email: InformationCollection@ 1450, by telephone at 571–272–8946, or Office uspto.gov. Include ‘‘0651–0060 copy by email to [email protected] request’’ in the subject line of the with ‘‘0651–0055 comment’’ in the Submission for OMB Review; message. subject line. Additional information Comment Request; ‘‘National Medal of • Mail: Marcie Lovett, Records and about this collection is also available at Technology and Innovation http://www.reginfo.gov under Nomination Application’’ Information Governance Division Director, Office of the Chief Technology ‘‘Information Collection Review.’’ The United States Patent and Officer, United States Patent and SUPPLEMENTARY INFORMATION: Trademark Office (USPTO) will submit Trademark Office, P.O. Box 1450, I. Abstract to the Office of Management and Budget Alexandria, VA 22313–1450. (OMB) for clearance the following The United States Patent and Written comments and proposal for collection of information Trademark Office (USPTO) administers recommendations for the proposed under the provisions of the Paperwork the Trademark Act, 15 U.S.C. 1051 et Reduction Act. information collection should be sent on seq., which provides for the Federal Agency: United States Patent and or before May 29, 2018 to Nicholas A. registration of trademarks, service Trademark Office, Commerce. Fraser, OMB Desk Officer, via email to marks, collective trademarks and service _ _ Title: National Medal of Technology Nicholas A. [email protected] or by marks, collective membership marks, and Innovation Nomination fax to 202–395–5197, marked to the and certification marks. Individuals and Application. attention of Nicholas A. Fraser. businesses that use or intend to use OMB Control Number: 0651–0060. such marks in commerce may file an Marcie Lovett, Form Number(s): None. application to register their marks with Type of Request: Regular. Records and Information Governance the USPTO. Number of Respondents: 50 responses Division, Office of the Chief Technology The information gathered in this per year. Officer, United States Patent and Trademark collection covers various Average Hours per Response: The Office. communications submitted by USPTO estimates that it will take [FR Doc. 2018–08952 Filed 4–26–18; 8:45 am] individuals and businesses to the approximately 40 hours to gather the BILLING CODE 3510–16–P USPTO occurring after registration of a necessary information, prepare the trademark. One type of communication
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is a request to amend their registrations update and correct the registry as their organizations; not-for-profit to delete goods or services that are no need for and use of marks evolve. Thus, organizations. longer being used by the registrant. A the Federal trademark registration Estimated Number of Respondents: second type of communication is a process may reduce unnecessary 204,362 responses per year. declaration of use. Registered marks litigation and its associated costs and Estimated Time per Response: The remain on the register for ten years and burdens. USPTO estimates that it will take can be renewed, but will be cancelled approximately between 5 minutes (0.08 II. Methods of Collection unless the owner files with the USPTO hours) and 40 minutes (0.67 hours) to a declaration attesting to the continued Electronically, if applicants submit complete this information. This use (or excusable non-use) of the mark the information using the forms includes the time to gather the in commerce, and a renewal provided through the Trademark necessary information, create the application, within specific deadlines. Electronic Application System (TEAS). documents, and submit the completed Registration owners may also request to By mail or hand delivery, if applicants request to the USPTO. amend or divide a registration, respond choose to submit the information in Estimated Total Annual Respondent to a post-registration Office action, and paper form. Hour Burden: 55,665.70 hours per year. surrender a registration. III. Data Estimated Total Annual Respondent The information in this collection is (Hourly) Cost Burden: $24,381,576.60. used to maintain the quality of the OMB Number: 0651–0055. The USPTO expects that attorneys will trademark register. The register IC Instruments: PTO Form 1563, PTO complete the instruments associated information may be accessed by an Form 1573, PTO Form 1583, PTO Form with this information collection. The individual or by businesses to 1597, PTO Form 1963, TEAS Global professional hourly rate for intellectual determine the availability of a mark. A Form. property attorneys in private firms is current and accurate register reduces the Type of Review: Revision of a $438. Using this hourly rate, the USPTO possibility that parties initiate the use of currently approved collection. estimates that the total respondent cost a mark previously adopted by another. Affected Public: Individuals or burden for this collection is It is in the interest of all parties to households; business of other for-profit $24,381,576.60 per year.
Estimated response Estimated Estimated Estimated IC No. Item time responses burden Rate cost burden
(a) (b) (c) (d) (e) (a) x (b) (c) x (d)
1 ...... Declaration of Use of Mark in 0.25 (15 minutes) ...... 19,466 4,866.50 $438.00 $2,131.527.00 Commerce Under Section 8 (TEAS). 1 ...... Declaration of Use of Mark in 0.42 (25 minutes) ...... 1 0.42 438.00 183.96 Commerce Under Section 8 (paper). 2 ...... Combined Declaration of Use of 0.25 (15 minutes) ...... 82,337 20,584.25 438.00 9,015,901.50 Mark in Commerce and Appli- cation for Renewal of Registra- tion of a Mark Under Section 8 & 9 (TEAS). 2 ...... Combined Declaration of Use of 0.42 (25 minutes) ...... 4 1.68 438.00 735.84 Mark in Commerce and Appli- cation for Renewal of Registra- tion of a Mark Under Section 8 & 9 (paper). 3 ...... Declaration of Incontestability of 0.08 (5 minutes) ...... 973 77.84 438.00 34,093.92 a Mark Under Section 15 (TEAS). 3 ...... Declaration of Incontestability of 0.17 (10 minutes) ...... 1 0.17 438.00 74.46 a Mark Under Section 15 (paper). 4 ...... Combined Declaration of Use 0.25 (15 minutes) ...... 77,863 1,946.50 438.00 852,567.00 and Incontestability Under Sec- tion 8 and 15 (TEAS). 4 ...... Combined Declaration of Use 0.42 (25 minutes) ...... 4 1.68 438.00 735.84 and Incontestability Under Sec- tion 8 and 15 (paper). 5 ...... Surrender of Registration for 0.08 (5 minutes) ...... 413 33.04 438.00 14,471.52 Cancellation (TEAS Global). 5 ...... Surrender of Registration for 0.25 (15 minutes) ...... 1 0.25 438.00 109.52 Cancellation (paper). 6 ...... Section 7 Request (TEAS) ...... 0.42 (25 minutes) ...... 6,277 2,636.34 438.00 1,154,716.92 6 ...... Section 7 Request (paper) ...... 0.50 (30 minutes) ...... 1 0.50 438.00 219.00 7 ...... Response to Office Action for 0.50 (30 minutes) ...... 14,000 7,000.00 438.00 3,066,000.00 Post-Registration Matters (TEAS Global). 7 ...... Response to Office Action for 0.67 (40 minutes) ...... 1 0.67 438.00 293.46 Post-Registration Matters (paper).
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Estimated response Estimated Estimated Estimated IC No. Item time responses burden Rate cost burden
(a) (b) (c) (d) (e) (a) x (b) (c) x (d)
8 ...... Request to Divide Registration 0.33 (20 minutes) ...... 3,017 995.61 438.00 436,077.18 (TEAS Global). 8 ...... Request to Divide Registration 0.50 (30 minutes) ...... 1 0.50 438.00 219.00 (paper). 9 ...... Section 12(c) Affidavit (TEAS 0.17 (10 minutes) ...... 1 0.17 438.00 74.46 Global). 9 ...... Section 12(c) Affidavit (paper) .... 0.33 (20 minutes) ...... 1 0.33 438.00 144.54
Totals ...... 204,362 55,665.70 ...... 24,381,576.60
Estimated Total Annual (Non-hour) Filing Fees the minimum fee of one class per Respondent Cost Burden: document associated with this $63,862,182.35. This collection has no Filing fees are charged per class of information collection. The USPTO capital startup, maintenance fees, or goods or services and can vary estimates that the filing fees associated operating fees. This collection does have depending on the number of classes. with this collection will total filing fees and postage costs. The filing fees shown here are based on $63,862,175 per year.
IC No. Item Response Filling fee Total cost
(a) (b) (c) (a) x (b)
1 ...... Declaration of Use of Mark in Commerce Under Section 8 (TEAS) ...... 19,466 $125.00 $2,433,250.00 1 ...... Declaration of Use of Mark in Commerce Under Section 8 (paper) ...... 1 225.00 225.00 2 ...... Combined Declaration of Use of Mark in Commerce and Application for 82,337 425.00 34,993,225.00 Renewal of Registration of a Mark Under Section 8 & 9 (TEAS). 2 ...... Combined Declaration of Use of Mark in Commerce and Application for 4 725.00 2,900.00 Renewal of Registration of a Mark Under Section 8 & 9 (paper). 3 ...... Declaration of Incontestability of a Mark Under Section 15 (TEAS) ...... 973 200.00 194,600.00 3 ...... Declaration of Incontestability of a Mark Under Section 15 (paper) ...... 1 300.00 300.00 4 ...... Combined Declaration of Use and Incontestability Under Section 8 and 15 77,863 325.00 25,305,475.00 (TEAS). 4 ...... Combined Declaration of Use and Incontestability Under Section 8 and 15 4 525.00 2,100.00 (paper). 6 ...... Section 7 Request (TEAS) ...... 6,277 100.00 627,700.00 6 ...... Section 7 Request (paper) ...... 1 200.00 200.00 8 ...... Request to Divide Registration (TEAS Global) ...... 3,017 100.00 301,700.00 8 ...... Request to Divide Registration (paper) ...... 1 200.00 200.00 9 ...... Section 12(c) Affidavit (TEAS Global) ...... 1 100.00 100.00 9 ...... Section 12(c) Affidavit (paper) ...... 1 200.00 200.00
Totals ...... 189,947 ...... 63,862,175.00
Postage Costs costs ($7.35) and filing fees c. Ways to enhance the quality, Customers may incur postage costs ($63,862,175), is $63,862,182.35 per utility, and clarity of the information to when submitting items covered by this year. be collected; and collection to the USPTO by mail. The IV. Request for Comments d. Ways to minimize the burden of the USPTO estimates that approximately 98 collection of information on Comments submitted in response to percent of the responses in this respondents, e.g., the use of automated collection will be submitted this notice will be summarized or included in the request for OMB collection techniques or other forms of electronically. Of the remaining 2 information technology. percent, the vast majority will be approval of this information collection. submitted by mail for a total of 14 They also will become a matter of Marcie Lovett, mailed submissions. The average first- public record. Records and Information Governance class USPS postage cost for a mailed Comments are invited on: Division Director, OCTO, United States Patent submission will be $0.49. Therefore, the a. Whether the proposed collection of and Trademark Office. USPTO estimates that the postage costs information is necessary for the proper [FR Doc. 2018–08738 Filed 4–26–18; 8:45 am] performance of the functions of the for the mailed submissions in this BILLING CODE 3510–16–P collection will be $7.35. agency, including whether the information shall have practical utility; Total b. The accuracy of the agency’s Therefore, the USPTO estimates that estimate of the burden (including hours the total annual (non-hour) cost burden and costs) of the proposed collection of for this collection, in the form of postage information;
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COMMITTEE FOR PURCHASE FROM 7835—Holder, Clinical Chart FOR FURTHER INFORMATION CONTACT: For PEOPLE WHO ARE BLIND OR Mandatory Source of Supply: CW Resources, further information or to submit SEVERELY DISABLED Inc., New Britain, CT comments contact: Amy B. Jensen, Contracting Activity: Defense Logistics Agency Troop Support Telephone: (703) 603–7740, Fax: (703) Procurement List; Deletions 603–0655, or email CMTEFedReg@ NSN(s)—Product Name(s): 6510–01–336– AGENCY: Committee for Purchase From 6192—Dressing, First Aid, Field Training AbilityOne.gov. People Who Are Blind or Severely Mandatory Source of Supply: Elwyn, Aston, SUPPLEMENTARY INFORMATION: This Disabled. PA notice is published pursuant to 41 Contracting Activity: Defense Logistics ACTION: U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Deletions from the Procurement Agency Troop Support List. purpose is to provide interested persons NSN(s)—Product Name(s): 5340–01–365– an opportunity to submit comments on SUMMARY: This action deletes products 1043—Strap, Mail Tray the proposed actions. from the Procurement List previously Mandatory Source of Supply: Work, furnished by nonprofit agencies Incorporated, Dorchester, MA Additions Contracting Activity: U.S. Postal Service, employing persons who are blind or Eagan If the Committee approves the have other severe disabilities. NSN(s)—Product Name(s): proposed additions, the entities of the DATES: Date deleted from the 7510–00–NIB–0240—Business Cards Federal Government identified in this Procurement List: May 27, 2018. 7510–00–NIB–0265—Business Cards notice will be required to procure the ADDRESSES: Committee for Purchase 7510–00–NIB–0266—Business Cards products and service listed below from From People Who Are Blind or Severely Mandatory Source of Supply: Envision, Inc., nonprofit agencies employing persons Disabled, 1401 S. Clark Street, Suite Wichita, KS who are blind or have other severe Contracting Activity: General Services disabilities. 715, Arlington, Virginia 22202–4149. Administration, New York, NY FOR FURTHER INFORMATION CONTACT: The following products and service NSN(s)—Product Name(s): are proposed for addition to the Amy B. Jensen, Telephone: (703) 603– 6260–00–NIB–0005—Lighted Baton— 7740, Fax: (703) 603–0655, or email Procurement List for production by the Amber nonprofit agencies listed: [email protected]. 6260–00–NIB–0006—Lighted Baton— SUPPLEMENTARY INFORMATION: InfraRed Products 6260–00–NIB–0008—Lighted Baton—Red Deletions NSN(s)—Product Name(s): 6260–00–NIB–0009—Lighted Baton— 2540–00–587–2532—Tarpaulin, Green, 12′ On 3/9/2018 (83 FR 47), 3/16/2018 Green x 17′ (83 FR 52), and 3/23/2018 (83 FR 57), 6260–00–NIB–0010—Lighted Baton—Blue 2540–01–330–8062—Tarpaulin, Tan, 12′ x 6260–00–NIB–0011—Lighted Baton— the Committee for Purchase From 17′ Amber/Red Mandatory Source of Supply: Association for People Who Are Blind or Severely Mandatory Source of Supply: LC Industries, Disabled published notices of proposed Vision Rehabilitation and Employment, Inc., Durham, NC Inc., Binghamton, NY deletions from the Procurement List. Contracting Activity: General Services Mandatory for: 100% of the requirement of After consideration of the relevant Administration, New York, NY the Department of Defense matter presented, the Committee has Amy Jensen, Contracting Activity: Defense Commissary determined that the products listed Agency Land and Maritime Director, Business Operations. below are no longer suitable for Distribution: C-List procurement by the Federal Government [FR Doc. 2018–08947 Filed 4–26–18; 8:45 am] NSN(s)—Product Name(s): 5975–00–985– under 41 U.S.C. 8501–8506 and 41 CFR BILLING CODE 6353–01–P 6630—Strap, Tie Down, Electrical 51–2.4. Component Mandatory Source of Supply: North Central Regulatory Flexibility Act Certification COMMITTEE FOR PURCHASE FROM Sight Services, Inc., Williamsport, PA I certify that the following action will PEOPLE WHO ARE BLIND OR Mandatory for: Broad Government not have a significant impact on a SEVERELY DISABLED Requirement substantial number of small entities. Contracting Activity: Defense Logistics Procurement List; Proposed Additions Agency Aviation The major factors considered for this Distribution: B-List certification were: and Deletions Service 1. The action will not result in AGENCY: Committee for Purchase From additional reporting, recordkeeping or People Who Are Blind or Severely Service Type: Custodial Service other compliance requirements for small Disabled. Mandatory for: U.S. Customs and Border entities. Protection, All CBP Facilities, U.S. ACTION: Proposed additions to and Virgin Islands, 5500 Veterans Drive, St. 2. The action may result in deletions from the Procurement List. authorizing small entities to furnish the Thomas, VI Mandatory Source of Supply: The Corporate products to the Government. SUMMARY: The Committee is proposing 3. There are no known regulatory Source, Inc., New York, NY to add products and a service to the Contracting Activity: U.S. Customs and alternatives which would accomplish Procurement List that will be furnished Border Protection, Border Enforcement the objectives of the Javits-Wagner- by nonprofit agencies employing Ctr Div O’Day Act (41 U.S.C. 8501–8506) in persons who are blind or have other connection with the products deleted severe disabilities, and deletes products Deletions from the Procurement List. previously furnished by such agencies. The following products are proposed End of Certification DATES: Comments must be received on for deletion from the Procurement List: or before: May 27, 2018. Accordingly, the following products Products ADDRESSES: are deleted from the Procurement List: Committee for Purchase NSN(s)—Product Name(s): From People Who Are Blind or Severely 8415–01–475–4554—Drawers, Cold Products Disabled, 1401 S. Clark Street, Suite Weather Knitted/Terry, ECWCS, Army, NSN(s)—Product Name(s): 6530–01–115– 715, Arlington, Virginia 22202–4149. Unisex, Long, Brown, XXLXXL
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8415–01–475–4561—Drawers, Cold 8415–00–939–7881—Coverall, Industrial, Under 16 CFR 1025.21, an initial Weather Knitted/Terry, ECWCS, Army, Safety, Lint-free, Army, Long Sleeved, prehearing conference shall be held Unisex, Long, Brown, XXXL Tan, M within fifty days of the publication of 8415–00–0DR–W656—Drawers, Cold 8415–00–939–7882—Coverall, Industrial, the complaint in the Federal Register Weather, Army, Unisex, Long, Brown, Safety, Lint-free, Army, Long Sleeved, Special Measurement Tan, X Large unless ‘‘unusual circumstances would Mandatory Sources of Supply: Mandatory Source of Supply: Human render it impractical or valueless’’ to do Four Rivers Resource Services, Inc., Technologies Corporation, Utica, NY so. Due to the timing of my Linton, IN Contracting Activity: Defense Logistics appointment, holding a prehearing New Horizons Rehabilitation Services, Inc., Agency Troop Support conference within fifty days of Auburn Hills, MI publication is impossible, and therefore Amy Jensen, Peckham Vocational Industries, Inc., impractical. An in-person prehearing Lansing, MI Director, Business Operations. conference shall be held as follows: Casco Area Workshop, Inc., Harrisonville, [FR Doc. 2018–08946 Filed 4–26–18; 8:45 am] MO Date: Thursday, May 3, 2018. BILLING CODE 6353–01–P NSN(s)—Product Name(s): Time: 10:00 a.m. Eastern Time. 8415–01–227–9542—Drawers, Cold Location: Hearing Room 2, U.S. Weather, Knitted/Terry, ECWCS, Army, Securities and Exchange Commission, Unisex, Ankle Length, Brown, XS CONSUMER PRODUCT SAFETY 100 F Street NE, Washington, DC 20549. 8415–01–227–9543—Drawers, Cold COMMISSION In accordance with 16 CFR Weather, Knitted/Terry, ECWCS, Army, 1025.21(b), the issues to be addressed at [CPSC Docket No. 18–1] Unisex, Ankle Length, Brown, S the conference are the items numbered 8415–01–227–9544—Drawers, Cold (1) through (14) in 16 CFR 1025.21(a). If Weather, Knitted/Terry, ECWCS, Army, Notice of Prehearing Conference Unisex, Ankle Length, Brown, M the time or location of the conference is AGENCY: Consumer Product Safety 8415–01–227–9545—Drawers, Cold infeasible for any party, that party Weather, Knitted/Terry, ECWCS, Army, Commission. should promptly file a motion for a Unisex, Ankle Length, Brown, L ACTION: Notice. continuance. I direct that notice of this 8415–01–227–9546—Drawers, Cold conference and a statement of the issues Weather, Knitted/Terry, ECWCS, Army, SUMMARY: Notice of prehearing to be discussed shall be published in the Unisex, Ankle Length, Brown, XL conference for In the Matter of Britax Federal Register at least ten days in Mandatory Sources of Supply: Child Safety, Inc.; CPSC Docket No. advance of the scheduled date. 16 CFR Southeastern Kentucky Rehabilitation 18–1. 1025.21(b). Industries, Inc., Corbin, KY DATES: Thursday, May 3, 2018 at 10 a.m. New Horizons Rehabilitation Services, Inc., A ruling on the parties’ joint motion Auburn Hills, MI Eastern Time. for a protective order will be Four Rivers Resource Services, Inc., ADDRESSES: Members of the public are forthcoming. Linton, IN welcome to attend the prehearing By: Cameron Elliot Peckham Vocational Industries, Inc., conference, to be held in: Hearing Room Administrative Law Judge Lansing, MI 2, U.S. Securities and Exchange Casco Area Workshop, Inc., Harrisonville, Commission, 100 F Street NE, [FR Doc. 2018–08841 Filed 4–26–18; 8:45 am] MO Washington, DC 20549. BILLING CODE 6355–01–P NSN(s)—Product Name(s): FOR FURTHER INFORMATION CONTACT: 8415–01–327–4825—Cover, Helmet, Parachutists, Army, Desert Camouflage, Benjamin Ristau, Attorney-Adviser, CONSUMER PRODUCT SAFETY Medium/Large Office of Administrative Law Judges, COMMISSION 8415–01–327–4826—Cover, Helmet, U.S. Securities and Exchange Parachutists, Army, Desert Camouflage, Commission, 202–551–5201. Sunshine Act Meeting Notice X Large SUPPLEMENTARY INFORMATION: The text of Mandatory Sources of Supply: the Presiding Officer’s April 20, 2018 TIME AND DATE: Wednesday, May 2, Chautauqua County Chapter, NYSARC, Order Scheduling Prehearing 2018, 10:00 a.m.–12:00 p.m. Jamestown, NY Mount Rogers Community Services Board, Conference appears below. PLACE: Hearing Room 420, Bethesda Wytheville, VA Authority: Consumer Product Safety Act, Towers, 4330 East-West Highway, NSN(s)—Product Name(s): 8415–01–103– 15 U.S.C. 2064. Bethesda, MD. 1350—Cover, Helmet, Parachutist, Army, STATUS: Commission Meeting—Open to Alberta E. Mills, Desert Camouflage, ML the Public. Mandatory Source of Supply: North Bay Secretary, Consumer Product Safety MATTERS TO BE CONSIDERED: Briefing Rehabilitation Services, Inc., Rohnert Commission. Park, CA United States of America Consumer Product Matter: Fiscal Year 2018 Mid-Year Review. NSN(s)—Product Name(s): Safety Commission 8415–01–525–6673—Cover, Fits over In the Matter of Britax Child Safety, Inc., A live webcast of the Meeting can be Combat Helmet, PASGT, Army, Desert CPSC Docket No. 18–1 viewed at https://www.cpsc.gov/live. Camouflage April 20, 2018 CONTACT PERSON FOR MORE INFORMATION: 8415–01–525–6685—Cover, Fits over Rockelle Hammond, Office of the Combat Helmet, PASGT, Army, Desert Order Scheduling Prehearing Conference Secretariat, Office of the General Camouflage Counsel, U.S. Consumer Product Safety 8415–00–926–5113—Coverall, Industrial, This proceeding commenced with the Commission, 4330 East-West Highway, Safety, Lint-free, Army, Long Sleeved, filing of a complaint on February 16, Bethesda, MD 20814, (301) 504–7923. Tan, Large 2018. The complaint was published in 8415–00–939–7879—Coverall, Industrial, the Federal Register on February 27, Dated: April 25, 2018. Safety, Lint-free, Army, Long Sleeved, Alberta E. Mills, Tan, X Small 2018. 83 FR 8457. On April 19, 2018, Secretary. 8415–00–939–7880—Coverall, Industrial, the Chairman of the Consumer Product Safety, Lint-free, Army, Long Sleeved, Safety Commission appointed me as the [FR Doc. 2018–09007 Filed 4–25–18; 11:15 am] Tan, S presiding officer for this proceeding. BILLING CODE 6355–01–P
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DEPARTMENT OF DEFENSE released under the Freedom of Appendix, as amended), the Information Act, 5 U.S.C. 552. Government in the Sunshine Act of Department of the Army 1976 (5 U.S.C. 552b, as amended), and Brenda S. Bowen, 41 CFR 102–3.150. Notice of Intent To Grant Exclusive Army Federal Register Liaison Officer. Purpose of the Meeting: The Board is Patent License to 4D Tech Solutions, [FR Doc. 2018–08898 Filed 4–26–18; 8:45 am] chartered to provide independent Inc., Morgantown, WV BILLING CODE 5001–03–P advice and recommendations to the Secretary of the Army on construction AGENCY: Department of the Army, DoD. and rehabilitation project investments ACTION: Notice of Intent. DEPARTMENT OF DEFENSE on the commercial navigation features of the inland waterways system of the Department of the Army, Corps of SUMMARY: The Department of the Army United States. At this meeting, the Engineers hereby gives notice of its intent to grant Board will receive briefings and to 4D Tech Solutions, Inc.; a corporation Inland Waterways Users Board presentations regarding the investments, having its principle place of business at Meeting Notice projects and status of the inland 1275 Stewartstown Road, Morgantown, waterways system of the United States WV 26505, an exclusive license. AGENCY: Department of the Army, U.S. and conduct discussions and Army Corps of Engineers, DoD. DATES: Written objections must be filed deliberations on those matters. The not later than 15 days following ACTION: Notice of open Federal advisory Board is interested in written and verbal publication of this announcement. committee meeting. comments from the public relevant to these purposes. ADDRESSES: Send written objections to SUMMARY: The Department of the Army Agenda: At this meeting the agenda U.S. Army Research Laboratory is publishing this notice to announce will include the FY 2018 funding for Technology Transfer and Outreach the following Federal advisory inland Navigation and scenarios for Office, RDRL–DPT/Thomas Mulkern, committee meeting of the U.S. Army efficient funding, and contingency Building 321 Room 110, Aberdeen Corps of Engineers, Inland Waterways funding; status of the FY 2019 Budget Proving Ground, MD 21005–5425. Users Board (Board). This meeting is for the Navigation Program; status of the open to the public. For additional FOR FURTHER INFORMATION CONTACT: Inland Waterways Trust Fund and information about the Board, please project updates; status of the Thomas Mulkern, (410) 278–0889, visit the committee’s website at http:// email: [email protected]. construction activities for Olmsted www.iwr.usace.army.mil/Missions/ Locks and Dam Project, the Locks and SUPPLEMENTARY INFORMATION: The Navigation/InlandWaterways Dams 2, 3, and 4 on the Monongahela Department of the Army plans to grant UsersBoard.aspx. River Project, Chickamauga Lock Project an exclusive license to 4D Tech DATES: The Army Corps of Engineers, and Kentucky Lock Project. Solutions, Inc. relative to ‘‘LADAR Inland Waterways Users Board will Availability of Materials for the Receiver with Enhanced Signal to Noise meet from 8:00 a.m. to 12:00 p.m. on Meeting. A copy of the agenda or any Ratio and Method’’, US Patent May 25, 2018. Public registration will updates to the agenda for the May 25, Application No.: 15/340,307, Filing Date begin at 7:15 a.m. 2018 meeting. The final version will be 1 November 2016, for the following ADDRESSES: The Inland Waterways provided at the meeting. All materials fields of use— Users Board meeting will be conducted will be posted to the website after the • Manned and Unmanned Aerial Vehicles at the Sheraton Pittsburgh Hotel at meeting. (UAVs) Station Square, 300 West Station Square Public Accessibility to the Meeting: • Surveillance and Security (e.g. perimeter Drive, Pittsburgh, PA 15219, 412–261– Pursuant to 5 U.S.C. 552b, as amended, security) 2000. and 41 CFR 102–3.140 through 102–3.1 • Underwater Imaging 65, and subject to the availability of • Manned and Unmanned Ground Vehicles FOR FURTHER INFORMATION CONTACT: Mr. space, this meeting is open to the (UGVs), (excluding automotive navigation Mark R. Pointon, the Designated Federal public. Registration of members of the and off-road construction vehicle Officer (DFO) for the committee, in autonomous applications) public who wish to attend the meeting writing at the Institute for Water will begin at 7:15 a.m. on the day of the The prospective exclusive license Resources, U.S. Army Corps of meeting. Seating is limited and is on a may be granted unless within fifteen Engineers, ATTN: CEIWR–GM, 7701 first-to-arrive basis. Attendees will be (15) days from the date of this published Telegraph Road, Casey Building, asked to provide their name, title, notice, the U.S. Army Research Alexandria, VA 22315–3868; by affiliation, and contact information to Laboratory receives written objections telephone at 703–428–6438; and by include email address and daytime including evidence and argument that email at [email protected]. telephone number at registration. Any establish that the grant of the license Alternatively, contact Mr. Kenneth E. interested person may attend the would not be consistent with the Lichtman, the Alternate Designated meeting, file written comments or requirements of 35 U.S.C. 209(e) and 37 Federal Officer (ADFO), in writing at the statements with the committee, or make CFR 404.7(a)(1)(i), Competing Institute for Water Resources, U.S. Army verbal comments from the floor during applications completed and received by Corps of Engineers, ATTN: CEIWR–GW, the public meeting, at the times, and in the U.S. Army Research Laboratory 7701 Telegraph Road, Casey Building, the manner, permitted by the within fifteen (15) days from the date of Alexandria, VA 22315–3868; by committee, as set forth below. this published notice will also be telephone at 703–428–8083; and by Special Accommodations: The treated as objections to the grant of the email at Kenneth.E.Lichtman@ meeting venue is fully handicap contemplated exclusive license. usace.army.mil. accessible, with wheelchair access. Objections submitted in response to SUPPLEMENTARY INFORMATION: The Individuals requiring special this notice will not be made available to committee meeting is being held under accommodations to access the public the public for inspection and, to the the provisions of the Federal Advisory meeting or seeking additional extent permitted by law, will not be Committee Act of 1972 (5 U.S.C., information about public access
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procedures, should contact Mr. Pointon, the public who have requested to make and mailed to the address in the FOR the committee DFO, or Mr. Lichtman, a verbal comment and whose comments FURTHER INFORMATION CONTACT section the ADFO, at the email addresses or have been deemed relevant under the for consideration in the Draft EIS/OEIS telephone numbers listed in the FOR process described above, will be allotted preparation. The DoN is requesting FURTHER INFORMATION CONTACT section, no more than three (3) minutes during public comments on the scope of the at least five (5) business days prior to this period, and will be invited to speak analysis, including potential the meeting so that appropriate in the order in which their requests environmental issues and viable arrangements can be made. were received by the DFO and ADFO. alternatives to be considered during the Written Comments or Statements: Brenda S. Bowen, development of the Draft EIS/OEIS. Pursuant to 41 CFR 102–3.105(j) and The scoping meetings will consist of 102–3.140 and section 10(a)(3) of the Army Federal Register Liaison Officer. an informal, open house session with Federal Advisory Committee Act, the [FR Doc. 2018–08897 Filed 4–26–18; 8:45 am] informational poster stations staffed by public or interested organizations may BILLING CODE 3720–58–P DoN representatives. Meeting details submit written comments or statements will be announced in local area to the Board about its mission and/or newspapers. Additional information on DEPARTMENT OF DEFENSE the topics to be addressed in this public the public scoping meetings and meeting. Written comments or Department of the Navy comment submittal will be available on statements should be submitted to Mr. the project website at: http://pmsr- Pointon, the committee DFO, or Mr. Notice of Intent To Prepare an eis.com. Lichtman, the committee ADFO, via Environmental Impact Statement/ FOR FURTHER INFORMATION CONTACT: electronic mail, the preferred mode of Overseas Environmental Impact Naval Air Warfare Center Weapons submission, at the addresses listed in Statement for Point Mugu Sea Range Division Range Sustainability Office, the FOR FURTHER INFORMATION CONTACT and To Announce Public Scoping Point Mugu Sea Range, Building 53A, section in the following formats: Adobe Meetings Acrobat or Microsoft Word. The Code 52F00ME, 575 I Avenue, Suite 1, comment or statement must include the AGENCY: Department of the Navy, DoD. Point Mugu, CA 93042–5049, Attn: Dr. author’s name, title, affiliation, address, ACTION: Notice. Kenneth R. Seeley, EIS/OEIS Project and daytime telephone number. Written Manager, 805–989–0927, or project comments or statements being SUMMARY: Pursuant to section 102(2)(c) website: http://pmsr-eis.com. submitted in response to the agenda set of the National Environmental Policy SUPPLEMENTARY INFORMATION: The DoN’s forth in this notice must be received by Act (NEPA) of 1969, as implemented by action proponent is Naval Air Warfare the committee DFO or ADFO at least the Council on Environmental Quality, Center Weapons Division (NAWCWD) five (5) business days prior to the and Presidential Executive Order (E.O.) Point Mugu Sea Range. NAWCWD Point meeting so that they may be made 12114, the Department of the Navy Mugu Sea Range is located offshore of available to the Board for its (DoN) announces its intent to prepare an Ventura County in Southern California consideration prior to the meeting. Environmental Impact Statement/ and includes 36,000 square miles of Written comments or statements Overseas Environmental Impact controlled sea and airspace designated received after this date may not be Statement (EIS/OEIS) for the Point for testing and training activities. The provided to the Board until its next Mugu Sea Range. The Point Mugu Sea NAWCWD Point Mugu Sea Range meets meeting. Please note that because the Range EIS/OEIS will include an the established mission to conduct state- Board operates under the provisions of assessment of potential environmental of-the-art weapons systems testing and the Federal Advisory Committee Act, as consequences associated with evaluation, and maintain military amended, all written comments will be continuing military activities analyzed operational readiness, by providing a treated as public documents and will be in the 2002 Point Mugu Sea Range EIS/ safe, operationally realistic, and made available for public inspection. OEIS, plus an increased tempo of thoroughly instrumented sea range Verbal Comments: Members of the military Research Development Testing testing environment. The evolution of public will be permitted to make verbal and Evaluation (RDT&E) and training international threats and operational comments during the Board meeting activities at the Point Mugu Sea Range, technologies require large areas for only at the time and in the manner and new mission areas and platforms. testing and training. allowed herein. If a member of the DATES: The 60-day public scoping As part of this process, the DoN will public is interested in making a verbal period begins April 27, 2018 and ends seek the issuance of regulatory permits comment at the open meeting, that June 26, 2018. Public scoping meetings and authorizations under the Marine individual must submit a request, with will be held on May 15 and 16, 2018. Mammal Protection Act and Endangered a brief statement of the subject matter to All public comments are due by June Species Act. Pursuant to 40 CFR 1501.6, be addressed by the comment, at least 26, 2018. the DoN will invite the National Marine three business (3) days in advance to the ADDRESSES: The meetings will be held Fisheries Service to be a cooperating committee DFO or ADFO, via electronic in the following locations: agency in preparation of the EIS/OEIS. mail, the preferred mode of submission, 1. May 15, 2018, 5:00 p.m. to 8:00 The Proposed Action is to at the addresses listed in the FOR p.m., San Buenaventura City Hall, 501 accommodate an increase in the tempo FURTHER INFORMATION CONTACT section. Poli Street, Ventura, CA 93001–2697. of military RDT&E and training The committee DFO and ADFO will log 2. May 16, 2018, 5:00 p.m. to 8:00 activities within the Point Mugu Sea each request to make a comment, in the p.m., Louise Lowry Davis Center, 1232 Range Study Area. Proposed testing and order received, and determine whether De La Vina Street, Santa Barbara, CA training activities are similar to those the subject matter of each comment is 93101–3119. that have occurred in the Study Area for relevant to the Board’s mission and/or Comments may be provided at public decades. The proposed tempo is higher the topics to be addressed in this public scoping meetings, by mail, and through than the tempo covered in the 2002 meeting. A 15-minute period near the the project website at: http://pmsr- Point Mugu Sea Range EIS/OEIS. end of the meeting will be available for eis.com. Mailed comments must be The purpose of the Proposed Action verbal public comments. Members of postmarked no later than June 26, 2018 is to provide modern instrumented
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airspace and sea space, maneuver areas, amended on December 27, 1999 (64 FR Assistance to Individuals With testing and training areas, and range 72405). This system of records is Disabilities in Reviewing the infrastructure to fully support current, maintained to account for the Rulemaking Record: On request, we will emerging, and future RDT&E and Fleet correspondence received by the provide an appropriate accommodation testing and training requirements, and Secretary, Deputy Secretary, Senior or auxiliary aid to an individual with a ensure long-term viability of the Point Officers, or other officials of the disability who needs assistance to Mugu Sea Range while protecting Department for whom the Department review the comments or other human health and the environment. controls responses. documents in the public rulemaking The need for the Proposed Action is DATES: Submit your comments on this record for this notice. If you want to to allow for continued RDT&E and notice of a modified system of records schedule an appointment for this type of training activities in support of military on or before May 29, 2018. accommodation or auxiliary aid, please readiness and DoD mission This modified system of records contact the person listed under FOR requirements as required by Title 10 to notice will become applicable upon FURTHER INFORMATION CONTACT. provide combat ready forces. publication in the Federal Register on FOR FURTHER INFORMATION CONTACT: Ms. In the Point Mugu Sea Range EIS/ April 27, 2018, unless the modified Deborah Winters, Deputy Director, OEIS, the DoN will evaluate the system of records notice needs to be Office of the Executive Secretariat, potential environmental impacts from a changed as a result of public comment. Office of the Secretary, U.S. Department No Action Alternative and action Newly proposed routine uses (4), (5), of Education, 400 Maryland Avenue alternatives. The DoN will analyze and (6) in the paragraph entitled SW, Washington, DC 20202–0124. potential impacts on environmental ‘‘ROUTINE USES OF RECORDS Telephone: (202) 401–3067. resources resulting from activities MAINTAINED IN THE SYSTEM, If you use a telecommunications included in the alternatives. INCLUDING CATEGORIES OF USERS device for the deaf (TDD) or a text The scoping process is helpful in AND PURPOSES OF SUCH USES’’ will telephone (TTY), you may call the identifying public concerns and local become applicable on May 29, 2018, Federal Relay Service, toll free, at issues to be considered during the unless the modified system of records 1–800–877–8339. development of the Draft EIS/OEIS. notice needs to be changed as a result SUPPLEMENTARY INFORMATION: Federal, state, and local agencies; of public comment. The Department federally recognized tribes; and will publish any significant changes Introduction interested persons are encouraged to resulting from public comment. The system of records notice, entitled provide substantive comments to the ADDRESSES: Submit your comments ‘‘Secretary’s Communications Control DoN on environmental resources and through the Federal eRulemaking Portal System’’ (18–01–01), was last published issue areas of concern that the or via postal mail, commercial delivery, in full in the Federal Register on June commenter believes the DoN should or hand delivery. We will not accept 4, 1999 (64 FR 30106, 30108–30109), consider. All substantive comments, comments submitted by fax or by email and subsequently amended on provided orally or in writing at the or those submitted after the comment December 27, 1999 (64 FR 72405). scoping meetings, submitted via the period. To ensure that we do not receive There are various changes in the project website, or mailed will be taken duplicate copies, please submit your system of records notice for the into consideration during the comments only once. In addition, please Secretary’s Communications Control development of the EIS/OEIS. include the Docket ID and the term System. Dated: April 18, 2018. ‘‘Secretary’s Communications Control First, we are updating the routine uses J.E. Mosimann, System’’ at the top of your comments. of records maintained in the system to Lieutenant, Judge Advocate General’s Corps, • Federal eRulemaking Portal: Go to include a standard routine use that is U.S. Navy, Federal Register Liaison Officer. www.regulations.gov to submit your included in most of the Department’s [FR Doc. 2018–08881 Filed 4–26–18; 8:45 am] comments electronically. Information system of records notices and two BILLING CODE 3810–FF–P on using Regulations.gov, including routine uses that the Office of instructions for accessing agency Management and Budget (OMB) has documents, submitting comments, and required in M–17–12 in order to permit DEPARTMENT OF EDUCATION viewing the docket, is available on the the Department to respond site under the ‘‘Help’’ tab. appropriately to a breach of personally [Docket ID ED–2016–OS–0134] • Postal Mail, Commercial Delivery, identifiable information in this system or Hand Delivery: If you mail or deliver of records or, as appropriate, to assist Privacy Act of 1974; System of your comments about this system of another Federal agency or entity in its Records records, address them to: Ms. Deborah response to a breach. These additions AGENCY: Office of the Secretary, Winters, Deputy Director, Office of the will permit the disclosure of records to: Department of Education. Executive Secretariat, Office of the • The Department of Justice or the ACTION: Notice of a modified system of Secretary, U.S. Department of OMB if the Department concludes that records. Education, 400 Maryland Avenue SW, disclosure would help in determining Washington, DC 20202–0124. whether particular records are required SUMMARY: In accordance with the Privacy Note: The Department’s to be disclosed under the Freedom of Privacy Act of 1974, as amended policy is to make all comments received Information Act or the Privacy Act. (Privacy Act), the Department of from members of the public available for • Appropriate agencies, entities, and Education (the Department) publishes public viewing in their entirety on the persons when: (a) The Department this notice of a modified system of Federal eRulemaking Portal at suspects or has confirmed that there has records entitled ‘‘Secretary’s www.regulations.gov. Therefore, been a breach of the system of records; Communications Control System’’ (18– commenters should be careful to (b) the Department has determined that 01–01), last published in full in the include in their comments only as a result of the suspected or confirmed Federal Register on June 4, 1999 (64 FR information that they wish to make breach, there is a risk of harm to 30106, 30108–30109) and subsequently publicly available. individuals, the Department (including
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its information systems, programs, and the document published in the Federal CATEGORIES OF RECORDS IN THE SYSTEM: operations), the Federal Government, or Register. You may access the official This system includes the following national security; and (c) the disclosure edition of the Federal Register and the types of records: (1) The official made to such agencies, entities, and Code of Federal Regulations via the correspondence files of each principal persons is reasonably necessary to assist Federal Digital System at: www.gpo.gov/ office within the Department and, where in connection with the Department’s fdsys. At this site you can view this applicable, a principal office’s efforts to respond to the suspected or document, as well as all other component office, specifically the hard confirmed breach or to prevent, documents of this Department copies of official documents and minimize, or remedy such harm. published in the Federal Register, in electronic images of certain incoming • Another Federal agency or Federal text or Portable Document Format and outgoing documents; (2) control entity when the Department determines (PDF). To use PDF you must have information from the Secretary’s, that information from this system of Adobe Acrobat Reader, which is Deputy Secretary’s, Senior Officers’, and records is reasonably necessary to assist available free at the site. You may also other officials’ correspondence that the recipient agency or entity in: (a) access documents of the Department includes a subject narrative, contact Responding to a suspected or confirmed published in the Federal Register by information for the sender, the name of breach, or (b) preventing, minimizing, or using the article search feature at: the organization drafting the response, remedying the risk of harm to www.federalregister.gov. Specifically, and the type of action required from the individuals, the recipient agency or through the advanced search feature at Department; and (3) records of entity (including its information this site, you can limit your search to responses to some telephone inquiries systems, programs, and operations), the documents published by the where officials determine that a written Federal Government, or national Department. response should be controlled. security, resulting from a suspected or confirmed breach. Dated: April 23, 2018. RECORD SOURCE CATEGORIES: Second, we are updating the policies Betsy DeVos, Records are derived from documents and practices for storage of records to Secretary of Education. addressed to or issued by the Secretary, eliminate the reference to the use of For the reasons discussed in the the Deputy Secretary, Senior Officials, ‘‘computer disks’’ as a storage device preamble, the Deputy Director, or other officials of the Department. and to indicate instead that electronic Executive Secretariat, Office of the records are stored on servers and on ROUTINE USES OF RECORDS MAINTAINED IN THE Secretary, U.S. Department of Education SYSTEM, INCLUDING CATEGORIES OF USERS AND backup media. We are updating the (Department or ED), publishes a notice policies and practices for retrieval of PURPOSES OF SUCH USES: of a modified system of records notice The Department may disclose records to clarify that, in addition to to read as follows: retrieving records by subject matter, information contained in a record in name of the individual, or the SYSTEM NAME AND NUMBER this system of records under the routine document’s control number, records uses listed in this system of records also may be retrieved by any other data Secretary’s Communications Control without the consent of the individual if System (18–01–01) element included on the data input the disclosure is compatible with the screen. We are updating the policies and SECURITY CLASSIFICATION: purpose for which the record was collected. These disclosures may be practices for retention and disposal of Unclassified. records to eliminate language stating made on a case-by-case basis or, if the that ‘‘control records on computers’’ are SYSTEM LOCATION: Department has complied with the computer matching requirements of the stored indefinitely. In addition, we are Office of the Secretary, 400 Maryland Privacy Act of 1974, as amended modifying the description of records Avenue SW, Washington, DC 20202– (Privacy Act), under a computer retention and disposition to reflect the 0124. current Department records schedules matching agreement. covering records in this system. Further, SYSTEM MANAGER(S): (1) Government and Private we are updating the section of the notice Executive Secretariat, Office of the Organization Disclosure. The entitled ‘‘ADMINISTRATIVE, Secretary, 400 Maryland Avenue SW, Department may disclose records to TECHNICAL, AND PHYSICAL Washington, DC 20202–0124. governmental entities and private SAFEGUARDS’’ to indicate that organizations as necessary to resolve electronic documents can only be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: complaints, provide guidance, respond accessed by authorized individuals 5 U.S.C. 301. to requests for documents and using a key card and a secure password. information, or address concerns Third, we are updating the record PURPOSE(S) OF THE SYSTEM: regarding those entities and access procedures and the notification This system of records is maintained organizations. procedures by adding that the to account for the correspondence (2) Congressional Disclosure. The Department may, in order to process received by the Department, including Department may disclose records to a these requests, ask for any other correspondence regarding individual member of Congress from the record of identifying information needed to concerns and complaints regarding an individual in response to an inquiry distinguish between individuals with programs administered by the Secretary. from the member made at the written the same name. request of that individual. The Accessible Format: Individuals with CATEGORIES OF INDIVIDUALS COVERED BY THE member’s right to the information is no disabilities can obtain this document in SYSTEM: greater than the right of the individual an accessible format (e.g., braille, large This system contains records about who requested it. print, audiotape, or compact disc) on individuals who correspond with the (3) Litigation and Alternative Dispute request to the person listed under FOR Secretary, Deputy Secretary, Senior Resolution (ADR) Disclosures. FURTHER INFORMATION CONTACT. Officers, or other officials of the (a) Introduction. In the event that one Electronic Access to This Document: Department for whom the Department of the parties listed in subparagraphs (i) The official version of this document is controls responses. through (v) is involved in judicial or
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administrative litigation or ADR, or has this system to appropriate agencies, occurs annually. Permanent electronic an interest in judicial or administrative entities, and persons when: (a) The records covered by ED 062 are litigation or ADR, the Department may Department suspects or has confirmed transferred to NARA every 5 years, with disclose certain records to the parties that there has been a breach of the any related documentation and external described in paragraphs (b), (c), or (d) of system of records; (b) the Department finding aids, as specified in 36 CFR this routine use under the conditions has determined that as a result of the 1228.70 or standards applicable at the specified in those paragraphs: suspected or confirmed breach, there is time. (i) The Department or any component a risk of harm to individuals, the Records covered by ED 063 are of the Department; Department (including its information considered temporary and are (ii) Any Department employee in his systems, programs, and operations), the destroyed/deleted 2 years after cut-off. or her official capacity; Federal government, or national Cut-off occurs annually. (iii) Any Department employee in his security; and (c) the disclosure made to or her individual capacity if the ADMINISTRATIVE, TECHNICAL, AND PHYSICAL such agencies, entities, and persons is SAFEGUARDS: Department of Justice (DOJ) has agreed reasonably necessary to assist in All physical access to the Department to or has been requested to provide or connection with the Department’s sites are controlled and monitored by arrange for representation for the efforts to respond to the suspected or security personnel who check each employee; confirmed breach or to prevent, individual entering the building for his (iv) Any Department employee in his minimize, or remedy such harm. or her official capacity if the Department (6) Disclosure in the Course of or her employee or visitor badge. During has agreed to represent the employee; or Another Federal Agency or Federal working hours, direct access to the file (v) The United States if the Entity Responding to a Breach of Data. cabinets is limited to authorized staff. Department determines that the judicial The Department may disclose records During nonworking hours, the rooms in or administrative litigation is likely to from this system of records to another which the file cabinets are located are affect the Department or any of its Federal agency or Federal entity when locked and only those individuals with components. the Department determines that access to those rooms can access the (b) Disclosure to the DOJ. If the information from this system of records hard copies of records. The electronic Department determines that disclosure is reasonably necessary to assist the documents can only be accessed by of certain records to the Department of recipient agency or entity in: (a) authorized individuals using a key card Justice (DOJ) is relevant and necessary Responding to a suspected or confirmed and a secure password. to the judicial or administrative breach, or (b) preventing, minimizing, or RECORD ACCESS PROCEDURES: litigation or ADR, the Department may remedying the risk of harm to To gain access to records regarding disclose those records as a routine use individuals, the recipient agency or you in this system of records, contact to the DOJ. entity (including its information the system manager at the address listed (c) Adjudicative Disclosure. If the systems, programs, and operations), the above. You must provide necessary Department determines that disclosure Federal Government, or national particulars such as your name, the date of certain records to an adjudicative security, resulting from a suspected or of the subject documents, a reasonable body before which the Department is confirmed breach. description of the subject matter of the authorized to appear, or to a person or issue involved, and any other entity designated by the Department or POLICIES AND PRACTICES FOR STORAGE OF identifying information requested by the otherwise empowered to resolve or RECORDS: Department while processing the mediate disputes, is relevant and The records are maintained in hard request needed to distinguish between necessary to the judicial or copy in standard file cabinets and individuals with the same name. Your administrative litigation or ADR, the electronically on servers and on backup request must meet the requirements of Department may disclose those records media. the Department’s Privacy Act as a routine use to that adjudicative POLICIES AND PRACTICES FOR RETRIEVAL OF regulations at 34 CFR 5b.5, including body, person, or entity. RECORDS: proof of identity. (d) Disclosure to Parties, Counsels, Files are indexed and retrievable by Representatives, or Witnesses. If the subject, name of the individual, any CONTESTING RECORD PROCEDURES: Department determines that disclosure other data element included on the data If you wish to contest the content of of certain records to a party, counsel, input screen, or the document’s control a record regarding you in this system of representative, or witness is relevant number assigned at the time the records, contact the system manager, and necessary to the judicial or correspondence is logged into the and reasonably identify the record and administrative litigation or ADR, the Department. specify the information to be contested. Department may disclose those records Your request must meet the as a routine use to the party, counsel, POLICIES AND PROCEDURES FOR RETENTION AND requirements of the Department’s representative, or witness. DISPOSAL OF RECORDS: Privacy Act regulations at 34 CFR 5b.7. (4) Freedom of Information Act All records are retained and disposed (FOIA) and Privacy Act Advice of in accordance with Department NOTIFICATION PROCEDURES: Disclosure. The Department may Records Schedule 062: Significant If you wish to determine whether a disclose records to DOJ or the Office of Correspondence (N1–441–08–19) (ED record exists regarding you in this Management and Budget if the 062) and Department Records Schedule system of records, contact the system Department concludes that disclosure 063: General Correspondence (N1–441– manager at the address listed above. would help in determining whether 08–13) (ED 063). You must provide necessary particulars particular records are required to be Records covered by ED 062 are such as your name, the date of the disclosed under the FOIA or the Privacy considered permanent. Permanent subject documents, a reasonable Act. nonelectronic records covered by ED description of the subject matter of the (5) Disclosure in the Course of 062 are transferred to the National issue involved, and any other Responding to a Breach of Data. The Archives and Records Administration identifying information requested by the Department may disclose records from (NARA) 10 years after cut-off. Cut-off Department while processing the
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request needed to distinguish between Filed Date: 4/23/18. Filed Date: 4/23/18. individuals with the same name. Your Accession Number: 20180423–5066. Accession Number: 20180423–5133. request must meet the requirements of Comments Due: 5 p.m. ET 5/14/18. Comments Due: 5 p.m. ET 5/14/18. the Department’s Privacy Act Docket Numbers: ER18–1410–000. Docket Numbers: ER18–1418–000. regulations at 34 CFR 5b.5, including Applicants: Midcontinent Applicants: Westar Energy, Inc. proof of identity. Independent System Operator, Inc. Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Amendment, OATT Section 28.5, Real EXEMPTIONS PROMULGATED FOR THE SYSTEM: _ 2018–04–20 Merchant HVDC Filing to Power Losses to be effective 6/28/2018. None. be effective 7/19/2018. Filed Date: 4/23/18. Filed Date: 4/20/18. HISTORY: Accession Number: 20180423–5171. Accession Number: 20180420–5230. Comments Due: 5 p.m. ET 5/14/18. This system of records notice was last Comments Due: 5 p.m. ET 5/11/18. Docket Numbers: ER18–1419–000. published in full in the Federal Register Docket Numbers: ER18–1411–000. on June 4, 1999 (64 FR 30106, 30108– Applicants: RE Gaskell West LLC. Applicants: Walnut Ridge Wind, LLC. 30109) and subsequently amended on Description: Baseline eTariff Filing: Description: Baseline eTariff Filing: December 27, 1999 (64 FR 72405). Filing of LGIA Co-Tenancy Agreement Walnut Ridge Application for Market- [FR Doc. 2018–08962 Filed 4–26–18; 8:45 am] to be effective 4/21/2018. Based Rates to be effective 6/25/2018. Filed Date: 4/23/18. BILLING CODE 4000–01–P Filed Date: 4/20/18. Accession Number: 20180420–5231. Accession Number: 20180423–5186. Comments Due: 5 p.m. ET 5/11/18. Comments Due: 5 p.m. ET 5/14/18. DEPARTMENT OF ENERGY Docket Numbers: ER18–1412–000. The filings are accessible in the Applicants: RE Astoria LLC. Commission’s eLibrary system by Federal Energy Regulatory Description: § 205(d) Rate Filing: clicking on the links or querying the Commission Filing of Amended Shared Facilities docket number. Agreement to be effective 4/21/2018. Any person desiring to intervene or Combined Notice of Filings #1 Filed Date: 4/20/18. protest in any of the above proceedings Accession Number: 20180420–5232. must file in accordance with Rules 211 Take notice that the Commission Comments Due: 5 p.m. ET 5/11/18. and 214 of the Commission’s received the following electric corporate Regulations (18 CFR 385.211 and filings: Docket Numbers: ER18–1413–000. Applicants: ITC Midwest LLC. 385.214) on or before 5:00 p.m. Eastern Docket Numbers: EC18–87–000. Description: § 205(d) Rate Filing: time on the specified comment date. Applicants: NextEra Energy Duane Filing of a Master JUA for Distribution Protests may be considered, but Arnold, LLC. Underbuild with Maquoketa Valley REC intervention is necessary to become a Description: Application for to be effective 6/22/2018. party to the proceeding. Authorization Under Section 203 of the Filed Date: 4/23/18. eFiling is encouraged. More detailed Federal Power Act and Request for Accession Number: 20180423–5065. information relating to filing Expedited Action of NextEra Energy Comments Due: 5 p.m. ET 5/14/18. requirements, interventions, protests, Duane Arnold, LLC. Docket Numbers: ER18–1414–000. service, and qualifying facilities filings Filed Date: 4/20/18. Applicants: ITC Midwest LLC. can be found at: http://www.ferc.gov/ Accession Number: 20180420–5247. Description: § 205(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 5/11/18. Filing of a Joint Use Agreement with other information, call (866) 208–3676 Take notice that the Commission Great River Energy to be effective (toll free). For TTY, call (202) 502–8659. received the following exempt 6/22/2018. Dated: April 23, 2018. wholesale generator filings: Filed Date: 4/23/18. Nathaniel J. Davis, Sr., Docket Numbers: EG18–76–000. Accession Number: 20180423–5092. Deputy Secretary. Applicants: CED Wistaria Solar, LLC. Comments Due: 5 p.m. ET 5/14/18. Description: Self-Certification of EG or Docket Numbers: ER18–1415–000. [FR Doc. 2018–08859 Filed 4–26–18; 8:45 am] FC of CED Wistaria Solar, LLC. Applicants: Allegheny Energy Supply BILLING CODE 6717–01–P Filed Date: 4/23/18. Company, LLC. Accession Number: 20180423–5174. Description: Tariff Cancellation: DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 5/14/18. Cancel Rate schedule FERC NO 13 to be effective 3/1/2018. Docket Numbers: EG18–77–000. Federal Energy Regulatory Applicants: Walnut Ridge Wind, LLC. Filed Date: 4/23/18. Accession Number: 20180423–5130. Commission Description: Self-Certification of EG of Comments Due: 5 p.m. ET 5/14/18. Walnut Ridge Wind, LLC. [Docket No. OR18–21–000] Filed Date: 4/23/18. Docket Numbers: ER18–1416–000. Accession Number: 20180423–5193. Applicants: CED Wistaria Solar, LLC. CITGO Petroleum Corporation v. Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 5/14/18. Colonial Pipeline Company; Notice of CED Wistaria Solar, LLC to be effective Complaint Take notice that the Commission 4/24/2018. received the following electric rate Filed Date: 4/23/18. Take notice that on April 20, 2018, filings: Accession Number: 20180423–5132. pursuant Rule 206 of Federal Energy Docket Numbers: ER17–1376–003. Comments Due: 5 p.m. ET 5/14/18. Regulatory Commission’s (Commission) Applicants: Midcontinent Docket Numbers: ER18–1417–000. Rules of Practice and Procedure 1 and Independent System Operator, Inc. Applicants: Michigan Electric part 343 of the Commission’s Rules and Description: Compliance filing: 2018– Transmission Company, LLC. Regulations,2 CITGO Petroleum 04–23_Compliance filing of Stored Description: Tariff Cancellation: Energy Resource-Type II to be effective Cancellation of METC Rate Schedule 1 18 CFR 385.206 (2017). 12/1/2017. No. 64 to be effective 4/17/2018. 2 18 CFR 343.2 (2017).
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Corporation (Complainant) filed a DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 5/11/18. formal complaint (complaint) against Docket Numbers: ER18–1405–000. Colonial Pipeline Company Federal Energy Regulatory Applicants: Public Service Company (Respondent) alleging that the rates Commission of Oklahoma. charged in Colonial’s FERC Tariff No. Description: § 205(d) Rate Filing: Combined Notice of Filings #1 99.36.0 and predecessor tariffs are PSO–AEPOTC–WFEC Roosevelt-Steed unjust and unreasonable under sections Take notice that the Commission DPA Amend & Restated to be effective 1(5), 6, 8, 9, 13, 15 and 16 of the received the following electric corporate 3/20/2018. Interstate Commerce Act,3 all as more filings: Filed Date: 4/20/18. fully explained in the complaint. Docket Numbers: EC18–51–000. Accession Number: 20180420–5032. Complainant states that a copy of the Applicants: MDU Resources Group, Comments Due: 5 p.m. ET 5/11/18. complaint was served on the contacts Inc. Docket Numbers: ER18–1406–000. for Respondent listed on the Description: Second Supplement to Applicants: Florida Power & Light Commission’s list of Corporate Officials. January 31, 2018 Application [Revised Company. Exhibit N] for Authorization Under Description: § 205(d) Rate Filing: FPL Any person desiring to intervene or to Section 203 of the Federal Power Act of Amendments to LCEC Rate Schedule protest this filing must file in MDU Resources Group, Inc. No. 317 to be effective 1/1/2017. accordance with Rules 211 and 214 of Filed Date: 4/20/18. Filed Date: 4/20/18. the Commission’s Rules of Practice and Accession Number: 20180420–5055. Accession Number: 20180420–5093. Procedure (18 CFR 385.211, 385.214). Comments Due: 5 p.m. ET 5/11/18. Comments Due: 5 p.m. ET 5/11/18. Protests will be considered by the Take notice that the Commission Docket Numbers: ER18–1407–000. Commission in determining the received the following electric rate Applicants: Florida Power & Light appropriate action to be taken, but will filings: Company. not serve to make protestants parties to Docket Numbers: ER10–2607–005; Description: § 205(d) Rate Filing: FPL the proceeding. Any person wishing to ER10–2626–004. Amendments to FKEC Rate Schedule become a party must file a notice of Applicants: Old Dominion Electric No. 322 to be effective 1/1/2017. intervention or motion to intervene, as Cooperative, TEC Trading, Inc. Filed Date: 4/20/18. appropriate. The Respondent’s answer Description: Notice of Change in Accession Number: 20180420–5095. and all interventions, or protests must Status of the ODEC Entities. Comments Due: 5 p.m. ET 5/11/18. be filed on or before the comment date. Filed Date: 4/19/18. Docket Numbers: ER18–1408–000. The Respondent’s answer, motions to Accession Number: 20180419–5294. Applicants: New York Independent intervene, and protests must be served Comments Due: 5 p.m. ET 5/10/18. System Operator, Inc. on the Complainants. Docket Numbers: ER10–3028–003. Description: § 205(d) Rate Filing: The Commission encourages Applicants: Elk Hills Power, LLC. Amendments related to solar energy electronic submission of protests and Description: Supplement to March 8, forecasting for the NYCA to be effective interventions in lieu of paper using the 2018 Notice of Non-Material Change in 6/20/2018. eFiling link at http://www.ferc.gov. Status of Elk Hills Power, LLC. Filed Date: 4/20/18. Persons unable to file electronically Filed Date: 4/20/18. Accession Number: 20180420–5148. should submit an original and 5 copies Accession Number: 20180420–5155. Comments Due: 5 p.m. ET 5/11/18. of the protest or intervention to the Comments Due: 5 p.m. ET 5/11/18. Docket Numbers: ER18–1409–000. Federal Energy Regulatory Commission, Docket Numbers: ER17–428–004. Applicants: MidAmerican Energy 888 First Street NE, Washington, DC Applicants: Southwest Power Pool, Company. 20426. Inc. Description: § 205(d) Rate Filing: Description: Compliance filing: This filing is accessible on-line at Interconnection Agreement— Missouri River Energy Services Member http://www.ferc.gov, using the eLibrary MidAmerican and Montezuma to be Formula Rate (Vermillion) Compliance effective 5/1/2018. link and is available for electronic to be effective 2/1/2017. Filed Date: 4/20/18. review in the Commission’s Public Filed Date: 4/19/18. Accession Number: 20180420–5150. Reference Room in Washington, DC. Accession Number: 20180419–5208. Comments Due: 5 p.m. ET 5/11/18. There is an eSubscription link on the Comments Due: 5 p.m. ET 5/10/18. website that enables subscribers to The filings are accessible in the Docket Numbers: ER18–1403–000. receive email notification when a Commission’s eLibrary system by Applicants: Southwest Power Pool, document is added to a subscribed clicking on the links or querying the Inc. docket(s). For assistance with any FERC docket number. Description: § 205(d) Rate Filing: 3399 Any person desiring to intervene or Online service, please email Basin Electric and MidAmerican Energy protest in any of the above proceedings [email protected], or call Attachment AO to be effective 4/1/2018. must file in accordance with Rules 211 (866) 208–3676 (toll free). For TTY, call Filed Date: 4/20/18. and 214 of the Commission’s (202) 502–8659. Accession Number: 20180420–5009. Regulations (18 CFR 385.211 and Comment Date: 5:00 p.m. Eastern Comments Due: 5 p.m. ET 5/11/18. 385.214) on or before 5:00 p.m. Eastern Time on May 21, 2018. Docket Numbers: ER18–1404–000. time on the specified comment date. Protests may be considered, but Nathaniel J. Davis, Sr., Applicants: NS Power Energy Marketing Inc. intervention is necessary to become a Deputy Secretary. Description: Baseline eTariff Filing: party to the proceeding. [FR Doc. 2018–08862 Filed 4–26–18; 8:45 am] Application for Market-Based Rate eFiling is encouraged. More detailed BILLING CODE 6717–01–P Authority to be effective 6/20/2018. information relating to filing Filed Date: 4/20/18. requirements, interventions, protests, 3 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16. Accession Number: 20180420–5011. service, and qualifying facilities filings
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can be found at: http://www.ferc.gov/ Accession Number: 20180420–5180. (SPLNG) Third Berth Expansion Project docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 5/2/18. involving construction and operation of other information, call (866) 208–3676 Docket Numbers: RP18–730–000. facilities by, SPLNG L.P. in Cameron (toll free). For TTY, call (202) 502–8659. Applicants: First ECA Midstream Parish, Louisiana. The Commission will Dated: April 20, 2018. LLC. use this EA in its decision-making process to determine whether the Nathaniel J. Davis, Sr., Description: § 4(d) Rate Filing: Baseline new 2018 to be effective project is in the public interest. Deputy Secretary. 5/1/2018. This notice announces the opening of [FR Doc. 2018–08832 Filed 4–26–18; 8:45 am] Filed Date: 4/20/18. the scoping process the Commission BILLING CODE 6717–01–P Accession Number: 20180420–5211. will use to gather input from the public Comments Due: 5 p.m. ET 5/2/18. and interested agencies on the project. You can make a difference by providing DEPARTMENT OF ENERGY Docket Numbers: RP18–731–000. Applicants: First ECA Midstream us with your specific comments or concerns about the project. Your Federal Energy Regulatory LLC. comments should focus on the potential Commission Description: § 4(d) Rate Filing: Baseline new 2018 Volume 1 to be environmental effects, reasonable Combined Notice of Filings effective 5/1/2018. alternatives, and measures to avoid or Filed Date: 4/20/18. lessen environmental impacts. Your Take notice that the Commission has Accession Number: 20180420–5217. input will help the Commission staff received the following Natural Gas Comments Due: 5 p.m. ET 5/2/18. determine what issues they need to Pipeline Rate and Refund Report filings: The filings are accessible in the evaluate in the EA. To ensure that your comments are timely and properly Filings Instituting Proceedings Commission’s eLibrary system by clicking on the links or querying the recorded, please send your comments so Docket Numbers: RP18–725–000. docket number. that the Commission receives them in Applicants: Gulf Crossing Pipeline Any person desiring to intervene or Washington, DC on or before 5:00 p.m. Company LLC. protest in any of the above proceedings Eastern Time on May 21, 2018. Description: § 4(d) Rate Filing: Revise If you sent comments on this project must file in accordance with Rules 211 Section 6.9 for Posting of Short-Term to the Commission before the opening of and 214 of the Commission’s Capacity Release Agmts to be effective this docket on February 23, 2018, you Regulations (18 CFR 385.211 and 5/21/2018. will need to file those comments in 385.214) on or before 5:00 p.m. Eastern Filed Date: 4/20/18. Docket No. PF18–3–000 to ensure they time on the specified comment date. Accession Number: 20180420–5039. are considered as part of this Protests may be considered, but Comments Due: 5 p.m. ET 5/2/18. proceeding. intervention is necessary to become a This notice is being sent to the Docket Numbers: RP18–726–000. party to the proceeding. Commission’s current environmental Applicants: Gulf Crossing Pipeline eFiling is encouraged. More detailed mailing list for this project. State and Company LLC. information relating to filing local government representatives should Description: § 4(d) Rate Filing: Cap requirements, interventions, protests, notify their constituents of this planned Rel Neg Rate Agmt (Newfield 18 to service, and qualifying facilities filings project and encourage them to comment Sequent 1976) to be effective 4/21/2018. can be found at: http://www.ferc.gov/ on their areas of concern. Filed Date: 4/20/18. docs-filing/efiling/filing-req.pdf. For Accession Number: 20180420–5092. other information, call (866) 208–3676 Public Participation Comments Due: 5 p.m. ET 5/2/18. (toll free). For TTY, call (202) 502–8659. For your convenience, there are four Docket Numbers: RP18–727–000. Dated: April 23, 2018. methods you can use to submit your Applicants: First ECA Midstream comments to the Commission. The LLC. Nathaniel J. Davis, Sr., Commission will provide equal Description: Tariff Cancellation: Deputy Secretary. consideration to all comments received, Cancellation notice to be effective [FR Doc. 2018–08860 Filed 4–26–18; 8:45 am] whether filed in written form or 5/1/2018. BILLING CODE 6717–01–P provided verbally. The Commission Filed Date: 4/20/18. encourages electronic filing of Accession Number: 20180420–5111. comments and has expert staff available Comments Due: 5 p.m. ET 5/2/18. DEPARTMENT OF ENERGY to assist you at (202) 502–8258 or Docket Numbers: RP18–728–000. Federal Energy Regulatory [email protected]. Please Applicants: Iroquois Gas Commission carefully follow these instructions so Transmission System, L.P. that your comments are properly [Docket No. PF18–3–000] Description: § 4(d) Rate Filing: 042018 recorded. Negotiated Rates—Consolidated Edison (1) You can file your comments Energy, Inc. H–2275–89 to be effective Notice of Intent To Prepare an Environmental Assessment for the electronically using the eComment 4/20/2018. feature on the Commission’s website Filed Date: 4/20/18. Planned SPLNG Third Berth Expansion Project, Request for Comments on (www.ferc.gov) under the link to Accession Number: 20180420–5149. Documents and Filings. This is an easy Comments Due: 5 p.m. ET 5/2/18. Environmental Issues: Sabine Pass LNG, L.P. method for submitting brief, text-only Docket Numbers: RP18–729–000. comments on a project; Applicants: Kern River Gas The staff of the Federal Energy (2) You can file your comments Transmission Company. Regulatory Commission (FERC or electronically by using the eFiling Description: § 4(d) Rate Filing: 2018 Commission) will prepare an feature on the Commission’s website May Negotiated Rate Term Extensions to environmental assessment (EA) that will (www.ferc.gov) under the link to be effective 4/30/2018. discuss the environmental impacts of Documents and Filings. With eFiling, Filed Date: 4/20/18. the Sabine Pass Liquefied Natural Gas you can provide comments in a variety
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of formats by attaching them as a file Natural Gas Act. NEPA also requires us 1 that would like to request cooperating with your submission. New eFiling to discover and address concerns the agency status should follow the users must first create an account by public may have about proposals. This instructions for filing comments clicking on eRegister. If you are filing a process is referred to as scoping. The provided under the Public Participation comment on a particular project, please main goal of the scoping process is to section of this notice. Currently, the select ‘‘Comment on a Filing’’ as the focus the analysis in the EA on the U.S. Department of Transportation has filing type; or important environmental issues. By this expressed its intention to participate as (3) You can file a paper copy of your notice, the Commission requests public a cooperating agency in the preparation comments by mailing them to the comments on the scope of the issues to of the EA to satisfy its NEPA following address. Be sure to reference address in the EA. We will consider all responsibilities related to this project. the project docket number (PF18–3–000) filed comments during the preparation Consultations Under Section 106 of the with your submission: Kimberly D. of the EA. National Historic Preservation Act Bose, Secretary, Federal Energy In the EA we will discuss impacts that Regulatory Commission, 888 First Street could occur as a result of the In accordance with the Advisory NE, Room 1A, Washington, DC 20426. construction and operation of the Council on Historic Preservation’s planned project under these general implementing regulations for section Summary of the Planned Project headings: 106 of the National Historic SPLNG plans to construct and operate • Geology and soils; Preservation Act, we are using this an expansion of the existing Sabine Pass • land use; notice to initiate consultation with the LNG facility (SPLNG Terminal), located • water resources, fisheries, and applicable State Historic Preservation in Cameron Parish, Louisiana on the wetlands; Office(s), and to solicit their views and Sabine Pass Channel. The planned • cultural resources; those of other government agencies, expansion of the SPLNG Terminal • vegetation and wildlife; interested Indian tribes, and the public consists of the addition of a third • air quality and noise; on the project’s potential effects on marine berth and supporting facilities. • endangered and threatened species; historic properties.3 We will define the The third marine berth would be used • public safety; and project-specific Area of Potential Effects to load LNG vessels for export and • cumulative impacts. (APE) in consultation with the SHPO(s) would be sized to accommodate vessels We will also evaluate possible as the project develops. On natural gas with capacities up to 180,000 cubic alternatives to the planned project or facility projects, the APE at a minimum meters. The supporting facilities would portions of the project, and make encompasses all areas subject to ground include tie-ins to the existing SPLNG recommendations on how to lessen or disturbance. Our EA for this project will Terminal loading lines and boil off gas avoid impacts on the various resource document our findings on the impacts lines associated with the five existing areas. on historic properties and summarize LNG storage tanks. The project would Although no formal application has the status of consultations under section also include the addition of the been filed, we have already initiated our 106. following facilities: NEPA review under the Commission’s Currently Identified Environmental • LNG loading system; pre-filing process. The purpose of the Issues • marine facilities; pre-filing process is to encourage early • sewage collection and treatment involvement of interested stakeholders We have already identified several system; and to identify and resolve issues before issues that we think deserve attention • LNG spill control system; the FERC receives an application. As based on a preliminary review of the • utilities system; • part of our pre-filing review, we have planned facilities and the fire protection and fire and gas begun to contact some federal and state environmental information provided by detection systems; and agencies to discuss their involvement in SPLNG. This preliminary list of issues • stormwater drainage system. the scoping process and the preparation may change based on your comments The general location of the planned of the EA. and our analysis. project is shown in appendix 1. The EA will present our independent • Evaluation of temporary and Land Requirements for Construction analysis of the issues. We will publish permanent impacts on wetlands and the and distribute the EA for public development of appropriate mitigation; Construction of the planned facilities comment. We will consider all • potential impacts on essential fish would disturb about 381 acres of land. comments on the EA before we make habitat; About 45.8 acres in water would be our recommendations to the • evaluation of the environmental affected by dredging within the Sabine Commission. To ensure we have the impacts from increased LNG vessel Pass Channel for the creation of the opportunity to consider and address traffic; third marine berth. Following your comments, please carefully follow • potential impacts of the construction, SPLNG would maintain the instructions in the Public construction workforce on local about 100.1 acres for permanent Participation section, beginning on page housing, infrastructure, public services, operation of the third marine berth and 2. transportation, and economy; and associated facilities. Temporary With this notice, we are asking • public safety and hazards construction areas would be restored agencies with jurisdiction by law and/ associated with LNG facilities. and revert to former uses. or special expertise with respect to the The EA Process environmental issues related to this responsibilities are at Title 40, Code of Federal project to formally cooperate with us in Regulations, Part 1501.6. The National Environmental Policy 3 the preparation of the EA.2 Agencies The Advisory Council on Historic Preservation Act (NEPA) requires the Commission to regulations are at Title 36, Code of Federal take into account the environmental Regulations, Part 800. Those regulations define 1 We, us, and our refer to the environmental staff historic properties as any prehistoric or historic impacts that could result from an action of the Commission’s Office of Energy Projects. district, site, building, structure, or object included whenever it considers the authorization 2 The Council on Environmental Quality in or eligible for inclusion in the National Register of LNG facilities under section 3 of the regulations addressing cooperating agency of Historic Places.
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Environmental Mailing List digits in the Docket Number field (i.e., become a party must file a notice of The environmental mailing list PF18–3). Be sure you have selected an intervention or motion to intervene, as includes federal, state, and local appropriate date range. For assistance, appropriate. Such notices, motions, or government representatives and please contact FERC Online Support at protests must be filed on or before the agencies; elected officials; [email protected] or toll free comment date. Anyone filing a motion environmental and public interest at (866) 208–3676, or for TTY, contact to intervene or protest must serve a copy groups; Native American Tribes; other (202) 502–8659. The eLibrary link also of that document on the Applicant and interested parties; and local libraries provides access to the texts of formal all the parties in this proceeding. The Commission encourages and newspapers. This list also includes documents issued by the Commission, electronic submission of protests and all affected landowners (as defined in such as orders, notices, and interventions in lieu of paper using the the Commission’s regulations) who are rulemakings. eFiling link at http://www.ferc.gov. potential right-of-way grantors, whose In addition, the Commission offers a Persons unable to file electronically property may be used temporarily for free service called eSubscription which should submit an original and 5 copies project purposes, or who own homes allows you to keep track of all formal of the protest or intervention to the within certain distances of project issuances and submittals in specific Federal Energy Regulatory Commission, facilities, and anyone who submits dockets. This can reduce the amount of 888 First Street NE, Washington, DC comments on the project. We will time you spend researching proceedings 20426. update the environmental mailing list as by automatically providing you with This filing is accessible on-line at the analysis proceeds to ensure that we notification of these filings, document http://www.ferc.gov, using the eLibrary send the information related to this summaries, and direct links to the link and is available for electronic environmental review to all individuals, documents. Go to www.ferc.gov/docs- review in the Commission’s Public organizations, and government entities filing/esubscription.asp. Finally, public sessions or site visits Reference Room in Washington, DC. interested in and/or potentially affected will be posted on the Commission’s There is an eSubscription link on the by the planned project. calendar located at www.ferc.gov/ website that enables subscribers to Copies of the completed EA will be EventCalendar/EventsList.aspx along receive email notification when a sent to the environmental mailing list with other related information. document is added to a subscribed for public review and comment. If you docket(s). For assistance with any FERC would prefer to receive a paper copy of Dated: April 20, 2018. Online service, please email the document instead of the CD version Nathaniel J. Davis, Sr., [email protected], or call or would like to remove your name from Deputy Secretary. (866) 208–3676 (toll free). For TTY, call the mailing list, please return the [FR Doc. 2018–08835 Filed 4–26–18; 8:45 am] (202) 502–8659. attached Information Request (appendix BILLING CODE 6717–01–P Comment Date: 5:00 p.m. Eastern 2). Time on May 21, 2018. Becoming an Intervenor DEPARTMENT OF ENERGY Dated: April 20, 2018. Once SPLNG files its application with Nathaniel J. Davis, Sr., the Commission, you may want to Federal Energy Regulatory Deputy Secretary. become an intervenor which is an Commission [FR Doc. 2018–08836 Filed 4–26–18; 8:45 am] official party to the Commission’s [Docket No. RM15–11–003] BILLING CODE 6717–01–P proceeding. Intervenors play a more formal role in the process and are able Notice of Filing: Reliability Standard to file briefs, appear at hearings, and be for Transmission System Planned DEPARTMENT OF ENERGY heard by the courts if they choose to Performance for Geomagnetic appeal the Commission’s final ruling. Disturbance Events Federal Energy Regulatory An intervenor formally participates in Commission the proceeding by filing a request to Take notice that on April 19, 2018, intervene. Motions to intervene are the North American Electric Reliability Combined Notice of Filings Corporation submitted a revised work more fully described at http:// Take notice that the Commission has plan to conduct research on topics www.ferc.gov/resources/guides/how-to/ received the following Natural Gas related to geomagnetic disturbances and intervene.asp. Instructions for becoming Pipeline Rate and Refund Report filings: an intervenor are in the ‘‘Document-less their impacts on the reliability of the Intervention Guide’’ under the e-filing Bulk-Power System, pursuant to Order Filings Instituting Proceedings 1 link on the Commission’s website. No. 830. Docket Numbers: RP18–718–000. Please note that the Commission will Any person desiring to intervene or to Applicants: Gulf Crossing Pipeline not accept requests for intervenor status protest this filing must file in Company LLC. at this time. You must wait until the accordance with Rules 211 and 214 of Description: § 4(d) Rate Filing: Cap Commission receives a formal the Commission’s Rules of Practice and Rel Neg Rate Agmt (Newfield 18 to application for the project. Procedure (18 CFR 385.211, 385.214). Sequent 1975) to be effective 4/19/2018. Protests will be considered by the Filed Date: 4/19/18. Additional Information Commission in determining the Accession Number: 20180419–5053. Additional information about the appropriate action to be taken, but will Comments Due: 5 p.m. ET 5/1/18. project is available from the not serve to make protestants parties to Docket Numbers: RP18–719–000. Commission’s Office of External Affairs, the proceeding. Any person wishing to Applicants: Iroquois Gas at (866) 208–FERC, or on the FERC Transmission System, L.P. website (www.ferc.gov) using the 1 Order No. 830, Reliability Standard for Description: § 4(d) Rate Filing: 041918 Transmission System Planned Performance for eLibrary link. Click on the eLibrary link, Geomagnetic Disturbance Events, 156 FERC 61,215 Negotiated Rates—Consolidated Edison click on General Search and enter the (2016), reh’g denied, Order No. 830–A, 158 FERC Energy, Inc. H–2275–89 to be effective docket number, excluding the last three 61,041 (2017) (Order No. 830). 4/18/2018.
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Filed Date: 4/19/18. docs-filing/efiling/filing-req.pdf. For appropriate. The Respondents’ answer Accession Number: 20180419–5072. other information, call (866) 208–3676 and all interventions, or protests must Comments Due: 5 p.m. ET 5/1/18. (toll free). For TTY, call (202) 502–8659. be filed on or before the comment date. Docket Numbers: RP18–720–000. Dated: April 20, 2018. The Respondents’ answer, motions to Applicants: CNX Gas Company LLC, Nathaniel J. Davis, Sr., intervene, and protests must be served Alliance Petroleum Corporation. Deputy Secretary. on the Complainants. Description: Joint Petition for The Commission encourages [FR Doc. 2018–08833 Filed 4–26–18; 8:45 am] electronic submission of protests and Temporary Limited Waivers of CNX Gas BILLING CODE 6717–01–P Company LLC, et al. interventions in lieu of paper using the Filed Date: 4/19/18. eFiling link at http://www.ferc.gov. Accession Number: 20180419–5140. DEPARTMENT OF ENERGY Persons unable to file electronically Comments Due: 5 p.m. ET 5/1/18. should submit an original and 5 copies Docket Numbers: RP18–721–000. Federal Energy Regulatory of the protest or intervention to the Applicants: Dominion Energy Commission Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC Transmission, Inc. [Docket No. EL18–140–000] Description: § 4(d) Rate Filing: DETI— 20426. April 19, 2018 Negotiated Rate Consumers Energy Company, This filing is accessible on-line at Agreement to be effective 4/20/2018. Interstate Power and Light Company, http://www.ferc.gov, using the eLibrary Filed Date: 4/19/18. Midwest Municipal Transmission link and is available for electronic Accession Number: 20180419–5207. Group, Missouri River Energy review in the Commission’s Public Comments Due: 5 p.m. ET 5/1/18. Services, Southern Minnesota Reference Room in Washington, DC. Municipal Power Agency, WPPI Energy There is an eSubscription link on the Docket Numbers: RP18–722–000. website that enables subscribers to Applicants: Transcontinental Gas v. International Transmission Company, ITC Midwest, LLC, Michigan receive email notification when a Pipe Line Company. document is added to a subscribed Description: § 4(d) Rate Filing: SS–2 Electric Transmission Company; Notice of Complaint docket(s). For assistance with any FERC Inventory Adjustment (2018) to be Online service, please email effective 5/1/2018. Take notice that on April 20, 2018, [email protected], or call Filed Date: 4/19/18. pursuant sections 206 and 306 of the (866) 208–3676 (toll free). For TTY, call Accession Number: 20180419–5209. Federal Power Act 1 and Rule 206 of the (202) 502–8659. Comments Due: 5 p.m. ET 5/1/18. Federal Energy Regulatory Comment Date: 5:00 p.m. Eastern Docket Numbers: RP18–723–000. Commission’s (Commission) Rules of Time on May 10, 2018. Applicants: Iroquois Gas Practice and Procedure,2 Consumers Dated: April 23, 2018. Transmission System, L.P. Energy Company, Interstate Power and Description: § 4(d) Rate Filing: 041918 Light Company, Midwest Municipal Nathaniel J. Davis, Sr., 154.204 Tariff Filing to be effective 3/1/ Transmission Group, Missouri River Deputy Secretary. 2018. Energy Services, Southern Minnesota [FR Doc. 2018–08861 Filed 4–26–18; 8:45 am] Filed Date: 4/19/18. Municipal Power Agency, and WPPI BILLING CODE 6717–01–P Accession Number: 20180419–5232. Energy (collectively, Complainants) Comments Due: 5 p.m. ET 5/1/18. filed a formal complaint (complaint) DEPARTMENT OF ENERGY Docket Numbers: RP18–724–000. against International Transmission Applicants: Kern River Gas Company, ITC Midwest, LLC, and Michigan Electric Transmission Federal Energy Regulatory Transmission Company. Commission Description: § 4(d) Rate Filing: 2018 Company (collectively, Respondents) May Negotiated Rate Expirations or alleging that Respondents are no longer [Docket No. ER18–1404–000] Terminations to be effective 4/27/2018. entitled to collect the Independence Filed Date: 4/19/18. return on equity adder because they are Supplemental Notice That Initial Accession Number: 20180419–5239. now affiliated with Eastern- Market-Based Rate Filing Includes Comments Due: 5 p.m. ET 5/1/18. Interconnection Market Participants, all Request for Blanket Section 204 as more fully explained in the Authorization; NS Power Energy The filings are accessible in the complaint. Marketing Inc. Commission’s eLibrary system by Complainants certify that copies of clicking on the links or querying the the complaint were served on contacts This is a supplemental notice in the docket number. for Respondents. above-referenced proceeding of NS Any person desiring to intervene or Any person desiring to intervene or to Power Energy Marketing Inc.’s protest in any of the above proceedings protest this filing must file in application for market-based rate must file in accordance with Rules 211 accordance with Rules 211 and 214 of authority, with an accompanying rate and 214 of the Commission’s the Commission’s Rules of Practice and tariff, noting that such application Regulations (18 CFR 385.211 and Procedure (18 CFR 385.211, 385.214). includes a request for blanket 385.214) on or before 5:00 p.m. Eastern Protests will be considered by the authorization, under 18 CFR part 34, of time on the specified comment date. Commission in determining the future issuances of securities and Protests may be considered, but appropriate action to be taken, but will assumptions of liability. intervention is necessary to become a not serve to make protestants parties to Any person desiring to intervene or to party to the proceeding. the proceeding. Any person wishing to protest should file with the Federal eFiling is encouraged. More detailed become a party must file a notice of Energy Regulatory Commission, 888 information relating to filing intervention or motion to intervene, as First Street NE, Washington, DC 20426, requirements, interventions, protests, in accordance with Rules 211 and 214 service, and qualifying facilities filings 1 16 U.S.C. 791a–828c, 824e, and 825e. of the Commission’s Rules of Practice can be found at: http://www.ferc.gov/ 2 18 CFR 385.206. and Procedure (18 CFR 385.211 and
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385.214). Anyone filing a motion to planning to submit an Information 2. Evaluate the accuracy of the intervene or protest must serve a copy Collection Request (ICR) to the Office of Agency’s estimates of the burden of the of that document on the Applicant. Management and Budget (OMB). The proposed collection of information, Notice is hereby given that the ICR, entitled: ‘‘Certification of Pesticide including the validity of the deadline for filing protests with regard Applicators Renewal’’ and identified by methodology and assumptions used. to the applicant’s request for blanket EPA ICR No. 0155.13 and OMB Control 3. Enhance the quality, utility, and authorization, under 18 CFR part 34, of No. 2070–0029, represents the renewal clarity of the information to be future issuances of securities and of an existing ICR that is scheduled to collected. assumptions of liability, is May 10, expire on November 30, 2018. Before 4. Minimize the burden of the 2018. submitting the ICR to OMB for review collection of information on those who The Commission encourages and approval, EPA is soliciting are to respond, including through the electronic submission of protests and comments on specific aspects of the use of appropriate automated electronic, interventions in lieu of paper, using the proposed information collection that is mechanical, or other technological FERC Online links at http:// summarized in this document. The ICR collection techniques or other forms of www.ferc.gov. To facilitate electronic and accompanying material are information technology, e.g., permitting service, persons with internet access available in the docket for public review electronic submission of responses. In who will eFile a document and/or be and comment. particular, EPA is requesting comments from very small businesses (those that listed as a contact for an intervenor DATES: Comments must be received on employ less than 25) on examples of must create and validate an or before June 26, 2018. eRegistration account using the specific additional efforts that EPA eRegistration link. Select the eFiling ADDRESSES: Submit your comments, could make to reduce the paperwork link to log on and submit the identified by docket identification (ID) burden for very small businesses intervention or protests. number EPA–HQ–OPP–2017–0654, by affected by this collection. Persons unable to file electronically one of the following methods: • Federal eRulemaking Portal: http:// II. What information collection activity should submit an original and 5 copies or ICR does this action apply to? of the intervention or protest to the www.regulations.gov. Follow the online Federal Energy Regulatory Commission, instructions for submitting comments. Title: Certification of Pesticide 888 First Street NE, Washington, DC Do not submit electronically any Applicators Renewal. 20426. information you consider to be ICR number: EPA ICR No. 0155.13. The filings in the above-referenced Confidential Business Information (CBI) OMB control number: OMB Control proceeding are accessible in the or other information whose disclosure is No. 2070–0029. ICR status: This ICR is currently Commission’s eLibrary system by restricted by statute. scheduled to expire on November 30, clicking on the appropriate link in the • Mail: OPP Docket, Environmental 2018. An Agency may not conduct or above list. They are also available for Protection Agency Docket Center (EPA/ sponsor, and a person is not required to electronic review in the Commission’s DC) (28221T), 1200 Pennsylvania Ave. respond to, a collection of information, Public Reference Room in Washington, NW, Washington, DC 20460–0001. unless it displays a currently valid OMB DC. There is an eSubscription link on • Hand Delivery: To make special control number. The OMB control the website that enables subscribers to arrangements for hand delivery or numbers for EPA’s regulations in title 40 receive email notification when a delivery of boxed information, please of the Code of Federal Regulations document is added to a subscribed follow the instructions at http:// (CFR), after appearing in the Federal docket(s). For assistance with any FERC www.epa.gov/dockets/contacts.html. Register when approved, are listed in 40 Online service, please email Additional instructions on CFR part 9, are displayed either by [email protected] or call commenting or visiting the docket, publication in the Federal Register or (866) 208–3676 (toll free). For TTY, call along with more information about by other appropriate means, such as on (202) 502–8659. dockets generally, is available at http:// www.epa.gov/dockets. the related collection instrument or Dated: April 20, 2018. form, if applicable. The display of OMB Nathaniel J. Davis, Sr., FOR FURTHER INFORMATION CONTACT: control numbers for certain EPA Deputy Secretary. Ryne Yarger, Field and External Affairs regulations is consolidated in 40 CFR Division (7506P), Office of Pesticide [FR Doc. 2018–08834 Filed 4–26–18; 8:45 am] part 9. Programs, Environmental Protection BILLING CODE 6717–01–P Abstract: EPA administers Agency, 1200 Pennsylvania Ave. NW, certification programs for pesticide Washington, DC 20460–0001; telephone applicators under section 11 of the number: (703) 605–1193; email address: Federal Insecticide, Fungicide, and ENVIRONMENTAL PROTECTION [email protected]. AGENCY Rodenticide Act (FIFRA) and EPA SUPPLEMENTARY INFORMATION: regulation 40 CFR part 171. FIFRA [EPA–HQ–OPP–2017–0654; FRL–9974–00] allows EPA to classify a pesticide as I. What information is EPA particularly ‘‘restricted use’’ if the pesticide meets interested in? Agency Information Collection certain toxicity or risk criteria. This ICR Activities; Proposed Renewal of an Pursuant to PRA section 3506(c)(2)(A) addresses the paperwork activities Existing Collection (EPA ICR No. (44 U.S.C. 3506(c)(2)(A)), EPA performed by businesses, individuals 0155.13); Comment Request specifically solicits comments and and regulators to comply with training AGENCY: Environmental Protection information to enable it to: and certification requirements Agency (EPA). 1. Evaluate whether the proposed associated with applicators of restricted ACTION: Notice. collection of information is necessary use pesticides (RUPs). Because of the for the proper performance of the potential of improperly applied RUPs to SUMMARY: In compliance with the functions of the Agency, including harm human health or the environment, Paperwork Reduction Act (PRA), this whether the information will have pesticides under this classification may document announces that EPA is practical utility. be purchased and applied only by
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‘‘certified applicators’’ or by persons Respondents/affected entities: Entities comments to OMB. If you have any under the direct supervision of certified potentially affected by this ICR are questions about this ICR or the approval applicators. This ICR addresses pesticide applicators, administration of process, please contact the person listed instances in which registrants of certain certification programs by States/Tribal under FOR FURTHER INFORMATION pesticide products are required to lead agencies (authorized agencies), CONTACT. perform specific paperwork activities, individuals or entities engaged in Authority: 44 U.S.C. 3501 et seq. such as training and recordkeeping, as activities related to the registration of a a condition of the pesticide registration pesticide product, and RUP dealers Dated: April 17, 2018. (e.g., registrants of pesticide products (only for EPA administered programs). Charlotte Bertrand, that assert claims to inactivate Bacillus Estimated total number of potential Acting Principal Deputy Assistant anthracis (anthrax) spores). To become respondents: Per response type, average Administrator, Office of Chemical Safety and a certified applicator, a person must annual respondents are: 57 authorized Pollution Prevention. meet certain standards of competency agencies report on certification [FR Doc. 2018–08975 Filed 4–26–18; 8:45 am] through completion of a certification programs; 1,085 applicants complete a BILLING CODE 6560–50–P program or test. Authorized agencies certification form under the Federal administer certified applicator programs plan; 6 private applicators complete the within their jurisdictions, but each optional training under the Federal ENVIRONMENTAL PROTECTION agency’s certification plan must be plan; 778 commercial applicators keep AGENCY approved by EPA before it can be records of RUP applications under the [ER–FRL–9038–8] implemented. In areas where no Federal plan; 442,464 commercial authorized agency has jurisdiction, EPA applicators keep records of RUP Environmental Impact Statements; may administer a certification program application under authorized agencies’ Notice of Availability directly. plan; 49 dealers of RUPs keep records of Responsible Agency: Office of Federal This ICR also addresses how RUP transactions in Indian country; 16 Activities, General Information (202) registrants of certain pesticide products dealerships report or change their 564–7156 or https://www2.epa.gov/ are expected to perform specific, special dealership information; two registrants nepa. paperwork activities, such as training of anthrax-related products prepare and and recordkeeping, in order to comply conduct training activities; and two Weekly receipt of Environmental Impact with the terms and conditions of the registrants of anthrax-related products Statements pesticide registration (e.g., registrants of keep records. Filed 04/16/2018 Through 04/20/2018 anthrax-related pesticide products that Frequency of response: On occasion. Pursuant to 40 CFR 1506.9 assert claims to inactivate Bacillus Estimated total average number of Notice anthracis spores). Paperwork activities responses for each respondent: Varies. associated with the use of such products Estimated total annual burden hours: Section 309(a) of the Clean Air Act are conveyed specifically as a condition 1,378,914.92 hours. requires that EPA make public its of the registration. Estimated total annual costs: comments on EISs issued by other Burden statement: The annual public $53,026,275.92. This includes an Federal agencies. EPA’s comment letters reporting and recordkeeping burden for estimated burden cost of $53,026,275.92 on EISs are available at: https:// this collection of information is and an estimated cost of $0 for capital cdxnodengn.epa.gov/cdx-nepa-public/ estimated to average, per response type, investment or maintenance and action/eis/search. as follows: 4,409 hours—annual operational costs. EIS No. 20180067, Final, USACE, AK, reporting of authorized agencies on Donlin Gold Project, Review Period certification programs; 184 hours for III. Are there changes in the estimates Ends: 05/29/2018, Contact: Jamie R. completing certification application from the last approval? Hyslop 907–753–2670. forms in Indian country; 73 hours for There is an increase of 58,660.92 EIS No. 20180068, Draft, APHIS, PRO, optional training—private applicator in hours in the total estimated respondent Fruit Fly Cooperative Control Indian country; 2,412 hours RUP burden compared with that identified in Program, Comment Period Ends: application recordkeeping—commercial the ICR currently approved by OMB. 06/11/2018, Contact: Jim E. Warren applicators in the Federal plan; This increase reflects EPA’s updating of Ph.D., 202–316–3216. 1,371,638 hours RUP application burden estimates, addition of a recently- EIS No. 20180069, Draft, NPS, ME, records—commercial applicators under implemented optional, voluntary Acadia National Park Draft authorized agencies; 96 hours RUP sales offering, and a change in the number of Transportation Plan and recordkeeping—dealers in Indian entities whose certification programs are Environmental Impact Statement, country to prepare and maintain directly overseen by EPA. The burden Comment Period Ends: 06/26/2018, required annual RUP use records; 16 changes are the result of both Contact: John Kelly 207–288–8703. hours for dealerships to report or change adjustments and program changes. EIS No. 20180070, Draft, USFS, CA, their dealership information; 50 hours Squaw Valley to Alpine Meadows for registrants of anthrax-related IV. What is the next step in the process Base to Base Gondola, Comment products to prepare and conduct for this ICR? Period Ends: 06/11/2018, Contact: training activities; and 37 hours for EPA will consider the comments Joseph Flannery 530–587–3558. registrants of anthrax-related products received and amend the ICR as EIS No. 20180071, Draft, NRC, TN, to keep records. Burden is defined in 5 appropriate. The final ICR package will Environmental Impact Statement for CFR 1320.3(b). then be submitted to OMB for review an Early Site Permit (ESP) at the The ICR, which is available in the and approval pursuant to 5 CFR Clinch River Nuclear Site: Draft docket along with other related 1320.12. EPA will issue another Federal Report for Comment, Comment Period materials, provides a detailed Register document pursuant to 5 CFR Ends: 07/13/2018, Contact: Patricia explanation of the collection activities 1320.5(a)(1)(iv) to announce the Vokoun, 301–415–3470. and the burden estimate that is only submission of the ICR to OMB and the EIS No. 20180072, Final, USFWS, AR, briefly summarized here: opportunity to submit additional Yolo Habitat, Conservation Plan/
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Natural Community Conservation Seattle, WA 98101 and may also be 401 of the CWA, compliance with Plan EIS/EIR and Habitat submitted by fax to (206) 553–1280 or Endangered Species Act, Essential Fish Conservation Plan, Review Period electronically to [email protected]. Habitat, Paperwork Reduction Act, and Ends: 05/29/2018, Contact: Dan Cox Comments on the draft other requirements are discussed in the 916–414–6539. 401Certification should be sent to Loren Fact Sheet to the proposed permit. Moore, Idaho Department of Amended Notice Dated: April 13, 2018. Environmental Quality, 1410 N. Hilton, Daniel D. Opalski, Revision to the Federal Register Boise, Idaho 83706 or electronically to Notice published 03/23/2018, extend Director, Office of Water and Watersheds, [email protected]. Region 10. comment period from 05/07/2018 to FOR FURTHER INFORMATION CONTACT: 05/29/2018. [FR Doc. 2018–08968 Filed 4–26–18; 8:45 am] Permit documents may be found on the BILLING CODE 6560–50–P EIS No. 20180045, Draft, NMFS, OR, EPA Region 10 website at: https:// Draft Environmental Impact www.epa.gov/npdes-permits/draft- Statement to Analyze Impacts of npdes-general-permit-hydroelectric- ENVIRONMENTAL PROTECTION NOAA’s National Marine Fisheries generating-facilities-idaho. Copies of the AGENCY Service Proposed Approval of draft general permit and Fact Sheet are Hatchery and Genetic Management also available upon request. Requests [EPA–HQ–OAR–2011–0371; FRL- 9977–07– Plans for Spring Chinook Salmon, may be made to Audrey Washington at OEI] Steelhead, and Rainbow Trout in the (206) 553–0523 or to Dru Keenan at Information Collection Request Upper Willamette River Basin (206) 553–1219. Requests may also be Pursuant to Section 4(d) of the Submitted to OMB for Review and electronically mailed to: Approval; Comment Request; National Endangered Species Act, Contact: [email protected], or Lance Kruzic, 541–957–3381. Volatile Organic Compound Emission [email protected]. Standards for Architectural Coatings Dated: April 24, 2018. SUPPLEMENTARY INFORMATION: (Renewal) Kelly Knight, I. General Information Director, NEPA Compliance Division, Office AGENCY: Environmental Protection of Federal Activities. As proposed, the hydroelectric Agency (EPA). [FR Doc. 2018–08864 Filed 4–26–18; 8:45 am] general permit would authorize five ACTION: Notice. BILLING CODE 6560–50–P types of discharges from hydroelectric facilities: Equipment related cooling SUMMARY: The Environmental Protection water, equipment and floor drain water, Agency (EPA) has submitted an ENVIRONMENTAL PROTECTION certain maintenance related waters, information collection request (ICR)— AGENCY maintenance-related water during flood/ National Volatile Organic Compound high water events and backwash strainer Emission Standards for Architectural [FRL–9977–16-Region 10] water, and combinations of the Coatings, EPA ICR Number 1750.08, OMB Control Number 2060–0393—to Proposed Issuance of NPDES General preceding discharges. The general permit establishes notification the Office of Management and Budget Permit for Hydroelectric Facilities (OMB) for review and approval in Within the State of Idaho (IDG360000) requirements, permit eligibility requirements, effluent limitations, accordance with the Paperwork AGENCY: Environmental Protection standards, prohibitions, best Reduction Act. This is a proposed Agency (EPA). management practice plans, and extension of the ICR, which is currently ACTION: Notice of proposed issuance of impingement and entrainment approved through April 30, 2018. Public NPDES General Permit and request for prevention plans per 316(b) of the CWA. comments were previously requested public comment. A description of the basis for the via the Federal Register (82 FR 48076) conditions and requirements of the draft on October 16, 2017, during a 60-day SUMMARY: The Director, Office of Water general permit is given in the Fact comment period. This notice allows for and Watersheds, Environmental Sheet. Owners and/or operators of an additional 30 days for public Protection Agency (EPA) Region 10, is hydroelectric generating facilities with comments. A fuller description of the proposing to issue a National Pollutant these discharges, including those ICR is given below, including its Discharge Elimination System (NPDES) facilities currently authorized to estimated burden and cost to the public. General Permits for Hydroelectric discharge under individual permits, are An agency may not conduct or sponsor Facilities discharging to waters within eligible to apply for coverage. Facilities and a person is not required to respond the State of Idaho (Permit No. will receive a written notification from to a collection of information unless it IDG360000). As proposed, the the EPA whether permit coverage and displays a currently valid OMB control hydroelectric general permit would authorization to discharge under the number. protect surface waters from discharges general permit is approved. The general DATES: Additional comments may be of oil, grease and alterations to pH from permit does not cover new sources as submitted on or before May 29, 2018. facility and equipment outfalls and defined under 40 CFR 122.2. ADDRESSES: Submit your comments, minimize the impacts of the cooling referencing Docket ID No. EPA–HQ– water intake structures to fish and II. Other Legal Requirements OAR–2011–0371, to (1) EPA online aquatic organisms. This action is not a significant using www.regulations.gov (our DATES: Comments must be received by regulatory action and was therefore not preferred method), or by email to: a- June 11, 2018. submitted to the Office of Management [email protected], or by mail to: ADDRESSES: Comments on the draft and Budget (OMB) for review under EPA Docket Center, Environmental General Permit should be sent to Executive Orders 12866, Regulatory Protection Agency, Mail Code 28221T, Director, Office of Water and Planning and Review, and 13563, 1200 Pennsylvania Avenue NW, Watersheds; USEPA Region 10; 1200 Improving Regulation and Regulatory Washington, DC 20460, and (2) OMB via Sixth Avenue, Suite 155, OWW–191; Review. State certification under section email to [email protected].
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Address comments to OMB Desk Officer the United States, including the District Washington, DC 20460–0001; telephone for EPA. of Columbia and all United States number: (202) 564–2851; email address: The EPA’s policy is that all comments territories. [email protected]. received will be included in the public Respondent’s obligation to respond: For general information contact: The docket without change, including any Mandatory under 40 CFR part 59, TSCA-Hotline, ABVI-Goodwill, 422 personal information provided, unless subpart D—National Volatile Organic South Clinton Ave., Rochester, NY the comment includes profanity, threats, Compound Emission Standards for 14620; telephone number: (202) 554– information claimed to be Confidential Architectural Coatings. 1404; email address: TSCA-Hotline@ Business Information, or other Estimated number of respondents: epa.gov. information whose disclosure is 500 (total). SUPPLEMENTARY INFORMATION: This restricted by statute. Frequency of response: On occasion. document extends the public comment Total estimated burden: 14,661 hours FOR FURTHER INFORMATION CONTACT: Ms. period established in the Federal (per year). Burden is defined at 5 CFR Kim Teal, Sector Polices and Programs Register document of March 12, 2018 1320.03(b). Division (Mail Code D243–04), Office of (83 FR 10717) (FRL–9974–13). As Total estimated cost: $1,454,049 (per Air Quality Planning and Standards, required by TSCA, as amended by the year). There are no annualized capital or U.S. Environmental Protection Agency, Frank R. Lautenberg Chemical Safety for Research Triangle Park, North Carolina operation and maintenance costs. Changes in Estimates: There is no the 21st Century Act in June 2016, EPA 27711; telephone number: (919) 541– change in the total estimated respondent is developing, pursuant to TSCA section 5580; fax number: (919) 541–4991; burden compared with the ICR currently 4(h)(2)(A), a Strategic Plan to promote email address: [email protected]. approved by OMB. the development and implementation of SUPPLEMENTARY INFORMATION: alternative test methods and strategies Supporting documents, which explain Courtney Kerwin, to reduce, refine or replace vertebrate in detail the information that the EPA Director, Regulatory Support Division. animal testing. The draft Strategic Plan will be collecting, are available in the [FR Doc. 2018–08934 Filed 4–26–18; 8:45 am] will be available for comment until May public docket for this ICR. The docket BILLING CODE 6560–50–P 11, 2018 and information obtained will can be viewed online at be considered in the Agency’s www.regulations.gov or in person at the development of the final Strategic Plan EPA Docket Center, EPA WJC West ENVIRONMENTAL PROTECTION which is required to be completed and Building, Room 3334, 1301 Constitution AGENCY published in June of 2018. Ave., NW, Washington, DC. The To submit comments, or access the [EPA–HQ–OPPT–2017–0559 83; FRL–9977– docket, please follow the detailed telephone number for the Docket Center 30] is 202–566–1744. For additional instructions provided under ADDRESSES information about the EPA’s public TSCA Alternative Testing Methods in the Federal Register document of docket, visit http://www.epa.gov/ Draft Strategic Plan; Extension of March 12, 2018. If you have questions, dockets. Comment Period consult the technical person listed Abstract: The EPA is required under under FOR FURTHER INFORMATION section 183(e) of the Clean Air Act AGENCY: Environmental Protection CONTACT. Agency (EPA). (CAA) to regulate volatile organic Authority: 5 U.S.C. 2601 et seq. compound (VOC) emissions from the ACTION: Notice; extension of comment Dated: April 24, 2018. use of consumer and commercial period. products. Pursuant to CAA section Charlotte Bertrand, SUMMARY: EPA issued a Draft Strategic 183(e)(3), the EPA published a list of Acting Principal Deputy Assistant Plan to Promote the Development and Administrator, Office of Chemical Safety and consumer and commercial products and Implementation of Alternative Test Pollution Prevention. a schedule for their regulation (60 FR Methods under section 4(h) of the Toxic [FR Doc. 2018–08974 Filed 4–26–18; 8:45 am] 15264). Architectural and industrial Substances Control Act (TSCA). This BILLING CODE 6560–50–P maintenance coatings are included on document extends the comment period the list, and the standards for such for the draft document from April 26, coatings are codified at 40 CFR part 59, 2018 to May 11, 2018. A commenter ENVIRONMENTAL PROTECTION subpart D. The information collection requested additional time to submit AGENCY includes initial reports and periodic written comments. EPA is therefore recordkeeping necessary for the EPA to [EPA–HQ–OW–2018–0079; ER–FRL–9038–9] extending the comment period in order ensure compliance with federal to give all interested persons additional standards for VOC emissions in Availability of a Programmatic time to comment. architectural coatings. Respondents are Environmental Assessment (PEA) and manufacturers, distributors, and DATES: Comments, identified by docket Finding of No Significant Impact importers of architectural coatings. All identification (ID) numbers EPA–HQ– (FONSI) OPPT–2017–0559, must be received on information submitted to the EPA for AGENCY: Environmental Protection or before May 11, 2018. which a claim of confidentiality is made Agency (EPA). ADDRESSES: Follow the detailed will be safeguarded according to the ACTION: Programmatic Environmental instructions provided under ADDRESSES agency policies set forth in 40 CFR part Assessment (PEA)/Finding of No in the Federal Register document of 2, subpart B—Confidentiality of Significant Impact (FONSI). Business Information. March 12, 2018. Form Numbers: None. FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to the National Respondents/affected entities: For technical information contact: Environmental Policy Act (NEPA), the Manufacturers, distributors, or Louis Scarano, Risk Assessment Council on Environmental Quality’s importers of architectural and industrial Division, Office of Pollution Prevention NEPA regulations, and EPA’s maintenance coatings and coating and Toxics, Environmental Protection regulations for implementing NEPA, components for sale or distribution in Agency, 1200 Pennsylvania Ave. NW, EPA has prepared a Programmatic
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Environmental Assessment (PEA) to SUPPLEMENTARY INFORMATION: EPA is ENVIRONMENTAL PROTECTION analyze the potential environmental seeking public comment regarding its AGENCY impacts related to the issuance of credit preliminary Finding of No Significant assistance under the Water [EPA–HQ–OAR–2018–0220; FRL–9977–15– Impact (FONSI) to document its OAR] Infrastructure Finance and Innovation determination that no significant Act (WIFIA) program. The PEA environmental impacts are anticipated Proposed Information Collection evaluates the potential adverse and from the issuance of WIFIA credit Request; Comment Request; Mobile beneficial environmental impacts of assistance. EPA invites the public to Air Conditioner Retrofitting Program water infrastructure projects eligible for submit comments through (Renewal) WIFIA credit assistance in compliance Regulations.gov during the 30-day with NEPA. Projects receiving WIFIA AGENCY: Environmental Protection comment period following the credit assistance must also comply with Agency (EPA). publication of this notice in the Federal applicable federal laws and regulations ACTION: Notice. and Executive Orders (E.O.) and other Register. state and local environmental reviews. Congress enacted the WIFIA as part of SUMMARY: The Environmental Protection Based on the environmental impact the Water Resources Reform and Agency is planning to submit an analysis in the PEA, EPA has made a Development Act of 2014, as amended information collection request (ICR), preliminary determination that no by sec. 1445 of Public Law 114–94 [1] ‘‘Mobile Air Conditioner Retrofitting significant environmental impacts are and codified at 33 U.S.C. 3901–3914. Program (Renewal)’’ (EPA ICR No. anticipated from the issuance of WIFIA WIFIA establishes a new federal credit 1774.07, OMB Control No. 2060–0350) credit assistance. This notice initiates program for water infrastructure projects to the Office of Management and Budget the 30-day review period and invites to be administered by EPA. (OMB) for review and approval in comments from Federal, State, and local accordance with the Paperwork agencies, Indian tribes, and the public The proposed federal action under Reduction Act. Before doing so, EPA is regarding EPA’s preliminary consideration in this Programmatic EA soliciting public comments on specific determination. is approving or denying WIFIA aspects of the proposed information applications by either providing or not DATES: Comments must be received by collection as described below. EPA is providing WIFIA credit assistance. May 29, 2018. announcing its intent to renew this ICR WIFIA provides credit assistance to with no substantive changes. This is a ADDRESSES: Submit your comments, eligible water and wastewater proposed extension of the ICR, which is identified by Docket ID No. EPA–HQ– infrastructure projects as defined in 33 currently approved through July 31, OW–2018–0079 to the Federal 2018. An Agency may not conduct or eRulemaking Portal: Go to http:// U.S.C. 3905. The proposed action being sponsor and a person is not required to www.regulations.gov. Please follow the evaluated is the design, construction, respond to a collection of information online instructions for submitting operation, and maintenance for a range comments. Once submitted, comments of water and wastewater infrastructure unless it displays a currently valid OMB cannot be edited or withdrawn. EPA projects, which are eligible for WIFIA control number. may publish public comments received credit assistance. DATES: Comments must be submitted on to its public docket. Do not submit The environmental review process, or before June 26, 2018. electronically any information you which is documented by the PEA, ADDRESSES: Submit your comments, consider to be Confidential Business indicates that no potential significant referencing Docket ID No. EPA–HQ– Information (CBI) or other information adverse environmental impacts are OAR–2018–0220, online using whose disclosure is restricted by statute. anticipated from the proposed action. www.regulations.gov (our preferred Multimedia submissions (audio, video, The PEA analyzed the potential method), by email to a-and-r-docket@ epa.gov, or by mail to: EPA Docket etc.) must be accompanied by a written environmental impacts of water and comment. The written comment is Center, Environmental Protection waste water infrastructure projects considered the official comment and Agency, Mail Code 28221T, 1200 eligible for credit assistance under the should include discussion of all points Pennsylvania Ave. NW, Washington, DC WIFIA program. you wish to make. EPA will generally 20460. not consider comments or comment Based on the environmental impact EPA’s policy is that all comments contents located outside of the primary analysis in the PEA, EPA has received will be included in the public submission (i.e. on the web, cloud, or determined that no significant docket without change including any other file sharing system). For environmental impacts are anticipated personal information provided, unless additional submission methods, the full from the issuance of credit assistance the comment includes profanity, threats, EPA public comment policy, under WIFIA and the proposed action information claimed to be Confidential information about CBI or multimedia does not constitute a major Federal Business Information (CBI) or other submissions, and general guidance on action significantly affecting the quality information whose disclosure is making effective comments, please visit of the human environment, making the restricted by statute. https://www.epa.gov/dockets/ preparation of an Environmental Impact FOR FURTHER INFORMATION CONTACT: commenting-epa-dockets. Statement (EIS) unnecessary. Therefore, Christina Thompson, Environmental FOR FURTHER INFORMATION CONTACT: EPA is issuing a preliminary FONSI. Protection Agency, Stratospheric Alejandro Escobar, Water Infrastructure Protection Division, Office of Division, Office of Wastewater Dated: April 24, 2018. Atmospheric Programs, MC 6205T, Management, WIFIA Program, Mail Kelly Knight, Environmental Protection Agency, 1200 Code: 4201T, Environmental Protection Director, NEPA Compliance Division, Office Pennsylvania Ave. NW, Washington, DC Agency, 1200 Pennsylvania Avenue of Federal Activities. 20460; telephone number: (202) 564– NW, Washington, DC 20460; telephone [FR Doc. 2018–08865 Filed 4–26–18; 8:45 am] 0983; fax number: (202) 343–2362; number: 202–564–9047; email address BILLING CODE 6560–50–P email address: thompson.christina@ [email protected]. epa.gov.
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SUPPLEMENTARY INFORMATION: applications. Roughly 90% of ENVIRONMENTAL PROTECTION Supporting documents which explain in alternatives submitted to EPA for review AGENCY detail the information that the EPA will have been listed as acceptable for a [EPA–HQ–OLEM–2017–0657; FRL–9977– be collecting are available in the public specific use, typically with some 18–OLEM] docket for this ICR. The docket can be condition or limit to minimize risks to viewed online at www.regulations.gov human health and the environment. RIN 2050–ZA11 or in person at the EPA Docket Center, Regulations promulgated under SNAP EPA West, Room 3334, 1301 require that Motor Vehicle Air Planning for Natural Disaster Debris Constitution Ave. NW, Washington, DC. Conditioners (MVACs) retrofitted to use and Related Guidance The telephone number for the Docket a SNAP substitute refrigerant include AGENCY: Environmental Protection Center is 202–566–1744. For additional basic information on a label to be Agency (EPA). information about EPA’s public docket, affixed to the air conditioner. The label ACTION: Notice of availability; request visit http://www.epa.gov/dockets. includes the name of the substitute for comments. Pursuant to section 3506(c)(2)(A) of refrigerant, when and by whom the the PRA, EPA is soliciting comments retrofit was performed, environmental SUMMARY: The U.S. Environmental and information to enable it to: (i) and safety information about the Protection Agency (EPA) is making Evaluate whether the proposed substitute refrigerant, and other available for public comment three draft collection of information is necessary information. This information is needed documents: Planning for Natural for the proper performance of the so that subsequent technicians working Disaster Debris; Pre-incident All- functions of the Agency, including on the MVAC system will be able to hazards Waste Management Plan whether the information will have service the equipment properly, Guidelines: Four-step Waste practical utility; (ii) evaluate the decreasing the likelihood of significant Management Planning Process; and All- accuracy of the Agency’s estimate of the refrigerant cross-contamination and hazards Waste Management Decision burden of the proposed collection of potential failure of air conditioning Diagram. The Planning for Natural information, including the validity of systems and recovery/recycling Disaster Debris guidance is intended to the methodology and assumptions used; equipment. assist communities in planning for (iii) enhance the quality, utility, and Form numbers: None. debris management before a natural clarity of the information to be Respondents/affected entities: Entities disaster occurs (also referred to as ‘‘pre- collected; and (iv) minimize the burden potentially affected by this action are incident debris management planning’’). of the collection of information on those new and used car dealers, gas service This guidance revises EPA’s existing who are to respond, including through stations, top and body repair shops, guidance document on planning for the use of appropriate automated general automotive repair shops, natural disaster debris that was electronic, mechanical, or other automotive repair shops not elsewhere published in 2008 under the same technological collection techniques or classified, including air conditioning name. The other two documents other forms of information technology, and radiator specialty shops. describe, respectively, the pre-incident e.g., permitting electronic submission of Respondent’s obligation to respond: waste management planning process for responses. EPA will consider the Mandatory under 40 CFR 82.180. all hazards and the waste management comments received and amend the ICR Estimated number of respondents: decision-making process during an all- as appropriate. The final ICR package 294 (total). hazards incident. Pre-incident planning will then be submitted to OMB for Frequency of response: Once per can significantly aid decision-making review and approval. At that time, EPA retrofit of a motor vehicle air during a response and enhance a will issue another Federal Register conditioner. community’s resiliency. Pre-incident notice to announce the submission of Total estimated burden: 8 hours (per planning can also help communities the ICR to OMB and the opportunity to year). Burden is defined at 5 CFR recover faster, spend less money on submit additional comments to OMB. 1320.3(b). cleanup and debris/waste management, Abstract: EPA’s Significant New Total estimated cost: $580 (per year), Alternatives Policy (SNAP) program and use fewer resources to rebuild and includes $10 (per year) annualized recover. implements Section 612 of the 1990 capital or operation & maintenance DATES: Comments received by June 26, Clean Air Act (CAA) Amendments costs. which authorized the Agency to Changes in estimates: The previously 2018 will be considered in the establish regulatory requirements to approved ICR supporting statement development of the final guidance. ensure that ozone-depleting substances (EPA ICR No. 1774.06, OMB Control No. ADDRESSES: Submit your comments, (ODS) are replaced by alternatives that 2060–0350) is available in Docket ID No. identified by Docket ID No. EPA–HQ– reduce overall risks to human health EPA–HQ–OAR–2018–0220 at OLEM–2017–0657, at https:// and the environment, and to promote an www.regulations.gov. EPA intends to www.regulations.gov. Follow the online expedited transition to safe substitutes. update the supporting statement for this instructions for submitting comments. To promote this transition, CAA ICR to reflect labor rate changes. The Once submitted, comments cannot be specified that EPA establish an Agency anticipates that the total edited or removed from Regulations.gov. information clearinghouse of available estimated burden currently identified in The EPA may publish any comment alternatives, and coordinate with other the OMB Inventory of Approved ICR received to its public docket. Do not Federal agencies and the public on Burdens will decline due to the submit electronically any information research, procurement practices, and decrease of CFC–12 MVACs available on you consider to be Confidential information and technology transfers. the road for retrofitting. Business Information (CBI) or other Since the program’s inception in information whose disclosure is 1994, SNAP has reviewed over 400 new Dated: April 18, 2018. restricted by statute. Multimedia chemicals and alternative Cynthia A. Newberg, submissions (audio, video, etc.) must be manufacturing processes for a wide Director, Stratospheric Protection Division. accompanied by a written comment. range of consumer, industrial, space [FR Doc. 2018–08973 Filed 4–26–18; 8:45 am] The written comment is considered the exploration, and national security BILLING CODE 6560–50–P official comment and should include
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discussion of all points you wish to management planning process. This hurricanes and wildfires and requests make. The EPA will generally not process has four steps to help prepare lessons learned from those natural consider comments or comment communities for effective debris disasters. Finally, EPA is interested in contents located outside of the primary management: (1) Conduct pre-planning any examples where communities have submission (i.e. on the web, cloud, or activities; (2) develop a comprehensive tracked debris from collection to its other file sharing system). For pre-incident debris management plan; final destination. EPA will review any additional submission methods, the full (3) keep the debris management plan public comments submitted by the EPA public comment policy, updated; and (4) implement the debris deadline and determine whether and information about CBI or multimedia management plan during a natural how to revise the document, as submissions, and general guidance on disaster. appropriate, for the intended scope and making effective comments, please visit Natural disasters generate large use of this guidance. A copy of this https://www.epa.gov/dockets/ amounts of debris that communities commenting-epa-dockets. must manage to fully recover from the guidance can be found on EPA’s website at https://www.epa.gov/homeland- FOR FURTHER INFORMATION CONTACT: disaster. Debris management is often security-waste/comment-period-open- Melissa Kaps, Office of Resource one of the biggest costs for a response, Conservation and Recovery (5304P), and recovery is not complete until all draft-update-planning-natural-disaster- Environmental Protection Agency, 1200 debris has been managed. Pre-incident debris-guidance. Pennsylvania Avenue NW, Washington, debris management planning can B. Related Documents on All-Hazards significantly aid decision-making during DC 20460; telephone number: 703–308– Waste Management 6787; email address: kaps.melissa@ a natural disaster by allowing important epa.gov. analyses and considerations to be made EPA’s Pre-incident All-hazards Waste in advance, i.e., not during a disaster SUPPLEMENTARY INFORMATION: Management Plan Guidelines: Four-step response. Pre-incident planning can also Waste Management Planning Process I. General Information enhance a community’s resiliency by, describes the cyclical and ongoing for example, identifying (and mitigating) A. Planning for Natural Disaster Debris process of waste management planning potential debris sources in advance. In Guidance for all hazards, including natural the event of a disaster, a more resilient disasters. It breaks down the planning The U.S. Environmental Protection community generates less debris to Agency’s (EPA’s) draft Planning for manage and contains fewer hazardous process into four steps that cover the Natural Disaster Debris Guidance materials that may pose an increased initiation, creation, maintenance, and provides planning suggestions and risk to human health and the implementation of a waste/debris considerations to assist the whole environment if released. Resilient management plan. It contains a community (i.e., all governmental, communities recover faster, spend less suggested pre-incident waste private, nonprofit, community, and money on cleanup and debris management plan outline that can be other stakeholders) in preparing for management, and use fewer resources to used to prepare for all types of debris management before a natural rebuild and recover. Effective planning homeland security incidents and disaster occurs. Communities that may addresses source reduction and hazard identifies potential issues, resources, benefit from the advice presented in this mitigation activities to reduce the and tips to help with plan development. document include those that are amount and toxicity of debris generated Its companion document, the All- currently without a debris management by a natural disaster; strategies for reuse hazards Waste Management Decision plan, are in the beginning stages of the and recycling of materials to minimize Diagram, describes the waste debris management planning process, or the environmental and economic impact management decision-making process have existing debris management plans of debris management activities; and during homeland security incidents, that are not comprehensive or have not issues and considerations beyond initial including natural disasters. It provides been updated with new information. debris removal. Such considerations information to consider when making Plans should be updated regularly to include characterizing and processing decisions during an incident response keep the information current (e.g., (e.g., volume reduction, refrigerant and identifies areas where pre-incident record reductions in existing disposal removal) debris for proper management, waste management planning can be capacity, include innovative reuse or tracking debris to its final destination, recycling opportunities), and plans and communicating with the public useful. should also be exercised (i.e., activities about debris collection and other EPA invites comment on these should be conducted to test or evaluate management activities. For these documents from the public, especially components of the plan) to ensure that reasons, EPA believes it is critical that from persons who are engaged in those the whole community remains familiar communities include debris aspects of waste management planning with their roles and responsibilities in management planning in their overall that are addressed in these documents. the implementation of the disaster preparation for natural disasters. EPA will review any public comments debris plan. EPA invites comment on this submitted by the deadline and Updating the 2008 version of EPA’s document from the public, especially determine whether and how to revise Planning for Natural Disaster Debris, from persons who are engaged in those the documents, as appropriate, for the this guidance adds information drawn aspects of natural disaster debris intended scope and use of these from communities’ experiences with management planning that are documents. Copies of these documents natural disasters, including hurricanes, addressed in this draft guidance. EPA is earthquakes, tornadoes, volcanoes, also interested in lessons learned or can be found on EPA’s website at floods, wildfires, and winter storms, and success stories from communities that https://www.epa.gov/homeland- provides more planning may further illustrate the importance of security-waste/comment-period-open- recommendations, resources, and pre-incident debris management draft-update-planning-natural-disaster- lessons learned for managing natural planning. EPA is particularly interested debris-guidance. disaster debris. Also, this guidance in receiving information on walks through EPA’s pre-incident debris communities’ experiences with the 2017
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Dated: April 18, 2018. • U.S. Postal Service first-class, File No: TRS–61–17 Barnes Johnson, Express, and Priority mail must be Virgin Islands Public Service Director, Office of Resource Conservation and addressed to 445 12th Street SW, Commission, U.S. Virgin Islands Recovery. Washington DC 20554. File No: TRS–18–17 [FR Doc. 2018–08969 Filed 4–26–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P Dana Wilson, Consumer and Wyoming Department of Workforce Governmental Affairs Bureau at: (202) Services, Division of Vocational 418–2247; email: [email protected]. Rehabilitation, State of Wyoming FEDERAL COMMUNICATIONS Federal Communications Commission. COMMISSION SUPPLEMENTARY INFORMATION: Interested parties may file comments on or before Eliot Greenwald, [CG Docket No. 03–123; DA 18–354] the dates indicated above in the Dates Deputy Chief, Disability Rights Office, portion of this notice. All filings must Consumer and Governmental Affairs Bureau. Pleading Cycle Established for reference CG Docket No. 03–123 and the [FR Doc. 2018–08958 Filed 4–26–18; 8:45 am] Comment on Applications for State relevant state identification number of BILLING CODE 6712–01–P Certification for the Provision of the state or territory application for Telecommunications Relay Service which comments are being submitted. AGENCY: Federal Communications To request materials in accessible FEDERAL DEPOSIT INSURANCE Commission. formats for people with disabilities CORPORATION ACTION: Notice. (Braille, large print, electronic files, audio format), send an email to fcc504@ Agency Information Collection SUMMARY: In this document, the fcc.gov or call the Consumer and Activities: Proposed Collection Commission seeks public comment on Governmental Affairs Bureau at (202) Renewal; Comment Request (OMB No. state applications for renewal of 418–0530 (voice), (844) 432–2275 3064–0162) certification of their state (videophone), or (202) 418–0432 (TTY). telecommunications relay services Document DA 18–354 can also be AGENCY: Federal Deposit Insurance (TRS) programs. downloaded in Word or Portable Corporation (FDIC). DATES: Interested parties may file Document Format (PDF) at: https:// ACTION: Notice and request for comment. comments no later than May 29, 2018. www.fcc.gov/general/ SUMMARY: The FDIC, as part of its Reply comments may be filed no later telecommunications-relay-services-trs. than June 11, 2018. continuing effort to reduce paperwork Synopsis and respondent burden, invites the ADDRESSES: Comments may be filed general public and other Federal using the Commission’s Electronic Notice is hereby given that the states agencies to take this opportunity to Comment Filing System (ECFS). See and territories listed below have applied comment on the renewal of an existing Electronic Filing of Documents in to the Commission for renewal of information collection, as required by Rulemaking Proceedings, 63 FR 24121 certification of their state TRS programs, the Paperwork Reduction Act of 1995 (1998). for the five-year period from July 26, (PRA). Currently, the FDIC is soliciting • Electronic Filers: Documents may 2018 through July 25, 2023. Each state’s comment on renewal of the information be filed electronically using the internet and territory’s application for collection described below. by accessing ECFS: https://www.fcc.gov/ certification must demonstrate that its DATES: Comments must be submitted on ecfs/. TRS program complies with section 225 or before June 26, 2018. • Paper Filers: Parties who choose to of the Communications Act and the file by paper must file an original and Commission’s rules governing the ADDRESSES: Interested parties are one copy of each filing. provision of TRS. This notice seeks invited to submit written comments to • Filings can be sent by hand or public comment on the following state the FDIC by any of the following messenger delivery, by commercial and territory applications for methods: • overnight courier, or by first-class or certification, which can be found on the https://www.FDIC.gov/regulations/ overnight U.S. Postal Service mail. All Commission’s website at: https:// laws/federal. • filings must be addressed to the www.fcc.gov/general/trs-state-and- Email: [email protected]. Include Commission’s Secretary, Office of the territories. the name and number of the collection Secretary, Federal Communications in the subject line of the message. Commission. File No: TRS–10–17 • Mail: Manny Cabeza (202–898– • All hand-delivered or messenger- Illinois Commerce Commission, State of 3767), Counsel, MB–3007, Federal delivered paper filings for the Illinois Deposit Insurance Corporation, 550 17th Commission’s Secretary must be Street NW, Washington, DC 20429. delivered to FCC Headquarters at 445 File No: TRS–36–17 • Hand Delivery: Comments may be 12th Street SW, Room TW–A325, hand-delivered to the guard station at Washington, DC 20554. The filing hours Oregon Public Utility Commission, State the rear of the 17th Street Building are 8:00 a.m. to 7:00 p.m. All hand of Oregon (located on F Street), on business days deliveries must be held together with File No: TRS–58–17 between 7:00 a.m. and 5:00 p.m. rubber bands or fasteners. Any All comments should refer to OMB envelopes and boxes must be disposed Pennsylvania Public Utility control number 3064–0162. A copy of of before entering the building. Commission, Commonwealth of the comments may also be submitted to • Commercial overnight mail (other Pennsylvania the OMB desk officer for the FDIC: than U.S. Postal Service Express Mail File No: TRS–28–17 Office of Information and Regulatory and Priority Mail) must be sent to 9050 Affairs, Office of Management and Junction Drive, Annapolis Junction, MD Telecommunications Regulatory Board, Budget, New Executive Office Building, 20701. Puerto Rico Washington, DC 20503.
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FOR FURTHER INFORMATION CONTACT: Proposal to renew the following Affected Public: Insured depository Manny Cabeza, Counsel, 202–898–3767, currently approved collection of institutions having at least $2 billion in [email protected], MB–3007, Federal information deposits and at least either: (a) 250,000 Deposit Insurance Corporation, 550 17th Title: Large Bank Deposit Insurance deposit accounts; or (b) $20 billion in Street NW, Washington, DC 20429. Program. total assets, regardless of the number of deposit accounts (a ‘‘covered SUPPLEMENTARY INFORMATION: OMB Number: 3064–0162. institution’’). Form Number: None. Burden Estimate:
SUMMARY OF ANNUAL BURDEN
Average total Average Estimated time annual Type of burden Obligation estimated per response Frequency of estimated to respond number of (hours) response burden respondents (hours)
Implementation
Posting and removing provisional holds— Recordkeeping Mandatory 8 150 One time..... 1,200 360.9(c)(1) and (2). Providing standard data format for deposit Recordkeeping Mandatory 8 110 One time..... 880 account and customer information— 360.9(d)(1). Notification of identity of person responsible Reporting ...... Mandatory 8 8 One time..... 64 for producing standard data downloads— 360.9(c)(3). Request for exemption from provisional hold Reporting ...... Voluntary .. 1 20 On occasion 20 requirements—360.9(c)(9). Provide deposit account and customer infor- Reporting ...... Mandatory 8 40 On occasion 320 mation in required standard format— 360.9(d)(3). Request for extension of compliance dead- Reporting ...... Voluntary .. 1 20 On occasion 20 line—360.9(e)(7). Request for exemption—360.9(f) ...... Reporting ...... Voluntary .. 1 20 On occasion 20
Total Implementation Burden ...... 2,524
Ongoing
Notification of identity of person responsible Reporting ...... Mandatory 153 8 On occasion 1,224 for producing standard data downloads— 360.9(c)(3). Request for exemption from provisional hold Reporting ...... Voluntary .. 1 20 On occasion 20 requirements—360.9(c)(9). Request for exemption—360.9(f) ...... Reporting ...... Voluntary .. 1 20 On occasion 20 Test compliance with 360.9(c)–(d) pursuant Reporting ...... Mandatory 81 80 On occasion 6,480 to 360.9(h).
Total Ongoing Burden ...... 7,744
Total Estimated Annual Burden ...... 10,268
General Description of Collection: other customer information, and (2) information in the specified standard Upon the failure of an FDIC-insured allow the placement and release of data format. depository institution, the FDIC must holds on liability accounts, including Reporting determine the total insured amount for deposits. The regulation applies only to each depositor. 12 U.S.C. 1821(f). To covered institutions and imposes the 360.9(c)(3)—Covered institutions make this determination, the FDIC must following recordkeeping and reporting must notify the FDIC of the person(s) ascertain the balances of all deposit requirements: responsible for producing required accounts owned by the same depositor standard data downloads and for Recordkeeping in the same ownership capacity at a administering provisional holds. failed institution as of the day of failure. 360.9(c)(1) and (2)—Posting and 360.9(c)(9)—A covered institution The FDIC issued a regulation (12 CFR Removing Provisional Holds. Covered may request an exemption from the 360.9) to modernize the process of institutions must have an automatic provisional hold requirements for determining the insurance status of each process for placing a provisional hold certain account systems servicing a depositor in the event of failure of a on deposit accounts within timeframes relatively small number of accounts covered institution. The regulation specified in FDIC regulations. where manual application of requires covered institutions to adopt 360.9(d)(1) and (2)—Providing provisional holds is feasible. mechanisms that would, in the event of Standard Data Format for Deposit 360.9(d)(3)—Upon request by the the institution’s failure (1) provide the Account and Customer Information. FDIC, a covered institution must submit FDIC with standard deposit account and Covered institutions must produce the data required by 360.9(d)(1) .
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360.9(e)(7)—A covered institution reporting requirements set forth in the currently applies to 145 institutions. may request an extension of the rule will be tested by the FDIC. The FDIC has determined that in the deadline to comply with provisional Burden Estimate Methodology and past, between 1 and 3 new institutions hold and standard data format Assumptions per quarter have become covered under requirements. the regulation. FDIC estimates that on The FDIC is revising its burden average, 2 new institutions per quarter 360.9(f)—A covered institution may estimate because the number of covered (8 new institutions per year) will request an exemption from the institutions has decreased due to become covered and be subject to initial provisional hold and standard data economic fluctuations and most covered format requirements due to high institutions have already implemented implementation burden. The following concentration of deposits incidental to the requirements of the regulation and table reflects the FDCI’s estimate of the credit card operations. will only face reduced ongoing breakdown of covered institutions 360.9(h)—A covered institution’s compliance burdens. Based on FDIC facing implementation and ongoing compliance with the recordkeeping and Call Report data,1 the regulation burden during the next three years:
NUMBER OF INSTITUTIONS
Year 1 Year 2 Year 3 Average
Implementation ...... 8 8 8 8 Ongoing ...... 145 153 161 153
Total ...... 153 161 169 161
All covered institutions will be Federal Deposit Insurance Corporation. published this proposal on behalf of the required to comply with the Robert E. Feldman, agencies. requirements of 360.9(h). FDIC Executive Secretary. The proposed revisions to these estimates that half of the covered [FR Doc. 2018–08932 Filed 4–26–18; 8:45 am] reports align with corresponding institutions will be tested for BILLING CODE 6714–01–P changes made to the Consolidated compliance each year. As a result, it is Reports of Condition and Income (FFIEC estimated that an average of 81 covered 031, FFIEC 041, and FFIEC 051). The institutions will be affected by this FEDERAL RESERVE SYSTEM Consolidated Reports of Condition and reporting burden annually. No Income are commonly referred to as the institutions have requested an extension Proposed Agency Information Call Report. The proposed revisions to under section 360.9(e)(7), or exemptions Collection Activities: Submission for the FFIEC 002 and the FFIEC 002S under sections 360.9(c)(9) or 360.9(f). OMB Review; Comment Request delete or consolidate certain items, establish certain reporting thresholds, The ‘‘Summary of Annual Burden’’ table AGENCY: Board of Governors of the above lists a respondent count of 1 for Federal Reserve System (Board). account for changes in the accounting for equity investments, and make these requests as placeholders to ACTION: Notice and request for comment. instructional clarifications consistent preserve the burden estimates for these with those previously made to or activities. SUMMARY: In accordance with the requirements of the Paperwork currently proposed for the Call Report Request for Comment Reduction Act of 1995 (PRA), the Board, instructions. The proposed revisions the Federal Deposit Insurance would result in an overall reduction in Comments are invited on: (a) Whether Corporation (FDIC), and the Office of burden. the collection of information is the Comptroller of the Currency (OCC) The comment period for this proposal necessary for the proper performance of (collectively, the agencies) may not ended on February 26, 2018. The Board the FDIC’s functions, including whether conduct or sponsor, and the respondent received two comments addressing the the information has practical utility; (b) is not required to respond to, an proposed changes. After considering the the accuracy of the estimates of the information collection unless it displays comments received on the proposal, the burden of the information collection, a currently valid Office of Management agencies will proceed with the proposed including the validity of the and Budget (OMB) control number. On reporting revisions to the FFIEC 002 and methodology and assumptions used; (c) December 27, 2017, the Board, under FFIEC 002S, while incorporating one ways to enhance the quality, utility, and the auspices of the Federal Financial clarification in response to a comment. clarity of the information to be Institutions Examination Council These reporting revisions would take collected; and (d) ways to minimize the (FFIEC), requested public comment for effect as of the June 30, 2018, report burden of the collection of information 60 days on a proposal to extend, with date. The Board is giving notice that it on respondents, including through the revision, the Report of Assets and is sending the collection to OMB for use of automated collection techniques Liabilities of U.S. Branches and review. Agencies of Foreign Banks (FFIEC 002) or other forms of information DATES: Comments must be submitted on technology. All comments will become and the Report of Assets and Liabilities of a Non-U.S. Branch that is Managed or or before May 29, 2018. a matter of public record. Controlled by a U.S. Branch or Agency ADDRESSES: Interested parties are Dated at Washington, DC, on April 24, of a Foreign (Non-U.S.) Bank (FFIEC invited to submit written comments to 2018. 002S), which are currently approved the agency listed below. All comments, collections of information. The Board which should refer to the OMB control
1 FDIC Call Report, September 30, 2017.
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number, will be shared among the Agencies of Foreign Banks; Report of be completed for each managed or agencies. Assets and Liabilities of a Non-U.S. controlled non-U.S. branch. The FFIEC You may submit comments, which Branch that is Managed or Controlled by 002S must be filed quarterly along with should refer to ‘‘FFIEC 002 and FFIEC a U.S. Branch or Agency of a Foreign the U.S. branch or agency’s FFIEC 002. 002S,’’ by any of the following methods: (Non-U.S.) Bank. The data from both reports are used for • Agency Website: http:// Form Numbers: FFIEC 002; FFIEC (1) monitoring deposit and credit www.federalreserve.gov. Follow the 002S. transactions of U.S. residents; (2) instructions for submitting comments at: OMB control number: 7100–0032. monitoring the impact of policy http://www.federalreserve.gov/ Frequency of Response: Quarterly. changes; (3) analyzing structural issues generalinfo/foia/ProposedRegs.cfm. Affected Public: Business or other for- concerning foreign bank activity in U.S. • Email: regs.comments@ profit. markets; (4) understanding flows of federalreserve.gov. Include the reporting Respondents: All state-chartered or banking funds and indebtedness of form numbers in the subject line of the federally-licensed U.S. branches and developing countries in connection with message. agencies of foreign banking data collected by the International • Fax: (202) 452–3819 or (202) 452– organizations, and all non-U.S. branches Monetary Fund and the Bank for 3102. managed or controlled by a U.S. branch International Settlements that are used • Mail: Ann E. Misback, Secretary, or agency of a foreign banking in economic analysis; and (5) assisting Board of Governors of the Federal organization. in the supervision of U.S. offices of Reserve System, 20th Street and Estimated Number of Respondents: foreign banks. The Federal Reserve Constitution Avenue NW, Washington, FFIEC 002—209; FFIEC 002S—38. System collects and processes these DC 20551. Estimated Average Burden per reports on behalf of all three agencies. All public comments are available Response: FFIEC 002—23.87 hours; from the Board’s website at FFIEC 002S—6.0 hours. Current Actions www.federalreserve.gov/generalinfo/ Estimated Total Annual Burden: I. Introduction FFEIC 002—19,955 hours; FFIEC 002S— foia/ProposedRegs.cfm as submitted, On December 27, 2017, the Board unless modified for technical reasons. 912 hours. Type of Review: Revision and requested comment for 60 days on a Accordingly, your comments will not be proposal to revise the existing FFIEC edited to remove any identifying or extension of currently approved collections. 002 and FFIEC 002S report forms and contact information. Public comments instructions (82 FR 61294). The may also be viewed electronically or in General Description of Reports proposed revisions partially stem from a paper form in Room 3515, 1801 K Street These information collections are formal initiative launched by the FFIEC NW (between 18th and 19th Streets mandatory (12 U.S.C. 3105(c)(2), in December 2014 to identify potential NW), Washington, DC 20006, between 1817(a)(1) and (3), and 3102(b)). Except opportunities to reduce burden 9:00 a.m. and 5:00 p.m. on weekdays. for select sensitive items, the FFIEC 002 associated with Call Report Additionally, commenters may send a is not given confidential treatment; the requirements for community banks. The copy of their comments to the OMB FFIEC 002S is given confidential FFIEC’s formal initiative included desk officer for the agencies by mail to treatment (5 U.S.C. 552(b)(4) and (8)). surveys of agency Call Report data the Office of Information and Regulatory users, which have served as the Affairs, U.S. Office of Management and Abstract foundation for the proposed burden- Budget, New Executive Office Building, On a quarterly basis, all U.S. branches reducing revisions. As part of these Room 10235, 725 17th Street NW, and agencies of foreign banks are surveys, users were asked to fully Washington, DC 20503; by fax to (202) _ required to file the FFIEC 002, which is explain the need for each Call Report 395–6974; or by email to oira a detailed report of condition with a data item they deemed essential, how [email protected]. variety of supporting schedules. This the data item is used, the frequency FOR FURTHER INFORMATION CONTACT: For information is used to fulfill the with which it is needed, and the further information about the proposed supervisory and regulatory requirements population of institutions from which it revisions to the FFIEC 002 and FFIEC of the International Banking Act of is needed. Based on the results of the 002S discussed in this notice, please 1978. The data are also used to augment surveys, the agencies identified Call contact the agency staff member whose the bank credit, loan, and deposit Report data items that are no longer name appears below. In addition, copies information that the Board uses to make needed, are needed on a less frequent of the FFIEC 002 and FFIEC 002S forms decisions concerning monetary policy, basis, or are needed only above certain can be obtained at the FFIEC’s website and for other public policy purposes. reporting thresholds, and have proposed _ _ (https://www.ffiec.gov/ffiec report The FFIEC 002S is a supplement to the or finalized the elimination, less forms.htm). FFIEC 002 that collects information on frequent collection, or creation of new Nuha Elmaghrabi, Federal Reserve assets and liabilities of any non-U.S. or upwardly revised reporting Board Clearance Officer, (202) 452– branch that is managed or controlled by thresholds for these data items in the 3884, Office of the Chief Data Officer, a U.S. branch or agency of the foreign Call Report.1 In an effort to maintain Board of Governors of the Federal bank. A non-U.S. branch is managed or consistency between the FFIEC 002, the Reserve System, 20th and C Streets NW, controlled by a U.S. branch or agency if FFIEC 002S, and the Call Report, the Washington, DC 20551. a majority of the responsibility for burden-reducing changes identified for Telecommunications Device for the Deaf business decisions, including but not the Call Report were incorporated into (TDD) users may call (202) 263–4869. limited to decisions with regard to the December 27, 2017, proposal where SUPPLEMENTARY INFORMATION: The Board lending or asset management or funding is proposing to extend for three years, or liability management, or the 1 See 80 FR 56539 (September 18, 2015), 81 FR with revision, the FFIEC 002 and FFIEC responsibility for recordkeeping in 45357 (July 13, 2016), 81 FR 54190 (August 15, 2016), 82 FR 2444 (January 9, 2017), 82 FR 29147 002S. respect of assets or liabilities for that (June 27, 2017), 82 FR 51908 (November 8, 2017), Report Titles: Report of Assets and foreign branch resides at the U.S. branch and 83 FR 939 (January 8, 2018) for information on Liabilities of U.S. Branches and or agency. A separate FFIEC 002S must other actions taken under this initiative.
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applicable. In addition, the proposed commenter wanted to confirm that only Board of Governors of the Federal Reserve revisions ensure that the reporting of public companies and companies with a System, April 23, 2018. data on equity investments in several market capitalization greater than Ann Misback, FFIEC 002 schedules is consistent with $75 million are required to have an Secretary of the Board. changes in the accounting standards integrated audit. [FR Doc. 2018–08839 Filed 4–26–18; 8:45 am] applicable to such investments. All of Under section 363.3(b) of the FDIC’s BILLING CODE 6210–01–P the proposed revisions have been implemented or proposed to be regulations (12 CFR 363.3(b)), the implemented in the Call Report. independent public accountant who FEDERAL RESERVE SYSTEM The comment period for this proposal audits the financial statements of an ended on February 26, 2018. The Board FDIC-insured branch of a foreign bank Proposed Agency Information received two comments on the proposal, with $1 billion or more in total claims Collection Activities; Comment one specific comment from an on nonrelated parties is required to Request individual on a proposed revision and audit and report on the effectiveness of AGENCY: Board of Governors of the one general comment from a the branch’s internal control over Federal Reserve System (Board), Federal government entity. The government financial reporting (ICFR). Standards Reserve System. entity did not raise concerns about the issued by the PCAOB and the ASB ACTION: Notice and request for comment. proposal itself, but stated that it uses provide guidance regarding the certain data items in the FFIEC 002 and integration of audits of ICFR with audits SUMMARY: In accordance with the FFIEC 002S in preparing economic of financial statements. Thus, statement requirements of the Paperwork statistics on international transactions, 1a and its reference to an integrated Reduction Act of 1995 (PRA), the Board, and encouraged the agencies to continue audit are applicable to certain FDIC- the Federal Deposit Insurance collecting those items. After considering insured branches, which means that the Corporation (FDIC), and the Office of the comments received on the proposal, requirement for an integrated audit is the Comptroller of the Currency (OCC) the agencies will proceed with the not limited to the circumstances (collectively, the ‘‘agencies’’) may not proposed reporting revisions to the described by the commenter. However, conduct or sponsor, and the respondent FFIEC 002 and FFIEC 002S, while the Board will clarify statement 1a of is not required to respond to, an incorporating one clarification in Memorandum item 17 by adding ‘‘(e.g., information collection unless it displays response to the specific comment as required for FDIC-insured branches a currently valid Office of Management described below. These reporting subject to Part 363 of the FDIC’s and Budget (OMB) control number. The revisions would take effect as of the Federal Financial Institutions June 30, 2018, report date. regulations that have $1 billion or more in total claims on nonrelated parties)’’ at Examination Council (FFIEC), of which II. Specific Comment on the Proposed the end of the proposed text of this the agencies are members, has approved FFIEC 002 and FFIEC 002S Revisions statement. the Board’s publication for public Respondents to the FFIEC 002 report comment of a proposal to extend, III. Request for Comment are currently required to indicate, in without revision, the Country Exposure Report for U.S. Branches and Agencies Schedule RAL, Assets and Liabilities, Public comment is requested on all Memorandum item 17, for the March 31 of Foreign Banks (FFIEC 019), which is aspects of this notice. Comment is currently an approved collection of report date, the most comprehensive specifically invited on: level of auditing work performed for the information. The Board is publishing branch or agency by, or on behalf of, its a. Whether the information this proposal on behalf of the agencies. parent organization during the collections are necessary for the proper In determining whether to modify the preceding calendar year. In response to performance of the agencies’ functions, proposed collection of information, the certain auditing standards issued by the including whether the information has agencies will consider all comments Public Company Accounting Oversight practical utility; received. As required by the PRA, the Board (PCAOB) and the American b. The accuracy of the agencies’ Board would then publish a second Federal Register notice for a 30-day Institute of Certified Public estimate of the burden of the comment period and submit the final Accountants’ Auditing Standards Board information collections, including the FFIEC 019 to OMB for review and (ASB), the Board proposed to revise two validity of the methodology and approval. of the existing statements describing the assumptions used; most comprehensive level of auditing DATES: Comments must be submitted on c. Ways to enhance the quality, work performed for the branch or or before June 26, 2018. utility, and clarity of the information to agency during the preceding year. The ADDRESSES: Interested parties are be collected; Board also proposed to revise the invited to submit written comments to information collected in Memorandum d. Ways to minimize the burden of the the agency listed below. All comments, item 17 to refer only to work performed information collections on respondents, which should refer to the OMB control by independent external auditors and to including through the use of automated number, will be shared among the remove the reference to work performed collection techniques or other forms of agencies. on behalf of the parent organization. information technology; and You may submit comments, which The Board received one comment e. Estimates of capital or start up costs should refer to ‘‘FFIEC 019,’’ by any of from an individual requesting and costs of operation, maintenance, the following methods: clarification as to which branches and • Agency website: http:// and purchase of services to provide agencies are required to have an www.federalreserve.gov. Follow the information. integrated audit conducted by instructions for submitting comments at: independent external auditors as Comments submitted in response to http://www.federalreserve.gov/ mentioned in the text for proposed this notice will be shared among the generalinfo/foia/ProposedRegs.cfm. statement 1a in the response to agencies. All comments will become a • Email: regs.comments@ Memorandum item 17. Specifically, the matter of public record. federalreserve.gov. Include the reporting
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form number in the subject line of the Estimated Total Annual Burden: respondents’ views on potential message. 6,240 hours. revisions they should consider in future • Fax: (202) 452–3819 or (202) 452– Type of Review: Extension of proposals. This includes views on 3102. currently approved collection. whether and how to adjust the $20 • Mail: Ann E. Misback, Secretary, I. General Description of Report million minimum threshold for Board of Governors of the Federal reporting a non-home foreign country Reserve System, 20th Street and This information collection is exposure and whether to change the Constitution Avenue NW, Washington, required pursuant to sections 7 and 13 number of non-home foreign countries DC 20551. of the International Banking Act (12 over that threshold that are reported. All public comments are available U.S.C. 3105 and 3108) for the Board, Public comment is requested on all from the Board’s website at sections 7 and 10 of the Federal Deposit aspects of this notice. Comment is also www.federalreserve.gov/generalinfo/ Insurance Act (12 U.S.C. 1817 and 1820) specifically invited on: foia/ProposedRegs.cfm as submitted, for the FDIC, and the National Bank Act a. Whether the information collection unless modified for technical reasons. (12 U.S.C. 161) as applied through is necessary for the proper performance Accordingly, your comments will not be section 4 of the International Banking of the agencies’ functions, including edited to remove any identifying or Act (12 U.S.C. 3102) for the OCC. The whether the information has practical contact information. Public comments FFIEC 019 is given confidential utility; may also be viewed electronically or in treatment consistent with 5 U.S.C. b. The accuracy of the agencies’ paper form in Room 3515, 1801 K Street 552(b)(4) and (b)(8). estimate of the burden of the NW (between 18th and 19th Streets information collection, including the Abstract NW), Washington, DC 20006, between validity of the methodology and 9:00 a.m. and 5:00 p.m. on weekdays. The FFIEC 019 report must be filed by assumptions used; Additionally, commenters may send a each U.S. branch or agency of a foreign c. Ways to enhance the quality, copy of their comments to the OMB bank that has total direct claims on utility, and clarity of the information to desk officer for the agencies by mail to foreign residents in excess of $30 be collected; the Office of Information and Regulatory million. The branch or agency reports d. Ways to minimize the burden of the Affairs, U.S. Office of Management and its total exposure (1) to residents of its information collection on respondents, Budget, New Executive Office Building, home country, and (2) to the other five including through the use of automated Room 10235, 725 17th Street NW, foreign nations to which its exposure is collection techniques or other forms of Washington, DC 20503; by fax to (202) largest and is at least $20 million. The information technology; and 395–6974; or by email to oira_ home country exposure must be e. Estimates of capital or start up costs [email protected]. reported regardless of the size of the and costs of operation, maintenance, FOR FURTHER INFORMATION CONTACT: For total claims for that nation. and purchase of services to provide further information about the proposed Each respondent must report by information. extension without revision of the FFIEC country, as appropriate, the information Comments submitted to the Board in 019 discussed in this notice, please on its direct claims (assets such as response to this notice will be shared contact the agency staff member whose deposit balances with banks, loans, or with the other agencies. All comments name appears below. In addition, a copy securities), indirect claims (which will become a matter of public record. of the FFIEC 019 form can be obtained include guarantees), and total adjusted Board of Governors of the Federal Reserve at the FFIEC’s website (https:// claims on foreign residents, as well as System, April 23, 2018. www.ffiec.gov/ffiec_report_forms.htm). information on commitments. The Ann Misback, Nuha Elmaghrabi, Federal Reserve respondent also must report information Secretary of the Board. on claims on related non-U.S. offices Board Clearance Officer, (202) 452– [FR Doc. 2018–08838 Filed 4–26–18; 8:45 am] that are included in total adjusted 3884, Office of the Chief Data Officer, BILLING CODE 6210–01–P Board of Governors of the Federal claims on the home country, as well as Reserve System, 20th and C Streets NW, a breakdown for the home country and Washington, DC 20551. each other reported country of adjusted FEDERAL RESERVE SYSTEM Telecommunications Device for the Deaf claims on unrelated foreign residents by (TDD) users may call (202) 263–4869. the sector of borrower or guarantor, and Formations of, Acquisitions by, and SUPPLEMENTARY INFORMATION: The Board by maturity (in two categories: One year Mergers of Bank Holding Companies is proposing to extend for three years, or less, and over one year). The Federal Reserve System collects and processes The companies listed in this notice without revision, the FFIEC 019. have applied to the Board for approval, Report Title: Country Exposure Report this report on behalf of all three pursuant to the Bank Holding Company for U.S. Branches and Agencies of agencies. Act of 1956 (12 U.S.C. 1841 et seq.) Foreign Banks. II. Current Actions Form Number: FFIEC 019. (BHC Act), Regulation Y (12 CFR part OMB Control Number: 7100–0213. The FFIEC has approved the Board’s 225), and all other applicable statutes Frequency of Response: Quarterly. publication for public comment of a and regulations to become a bank Affected Public: Business or other for- proposal to extend for three years, holding company and/or to acquire the profit. without revision, the FFIEC 019. assets or the ownership of, control of, or Respondents: All branches and the power to vote shares of a bank or III. Request for Comment agencies of foreign banks domiciled in bank holding company and all of the the United States with total direct The FFIEC 019 has remained banks and nonbanking companies claims on foreign residents in excess of substantially the same, including with owned by the bank holding company, $30 million. respect to the reporting scope and including the companies listed below. Estimated Number of Respondents: thresholds, since its original adoption in The applications listed below, as well 156. May 1997. Although the agencies are as other related filings required by the Estimated Average Burden per not proposing any revisions to the Board, are available for immediate Response: 10 hours. FFIEC 019, they are interested in inspection at the Federal Reserve Bank
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indicated. The applications will also be SUMMARY: In accordance with the 3. Agency form number, if any:— SF available for inspection at the offices of Paperwork Reduction Act of 1995 and 1443 the Board of Governors. Interested the Office of Management and Budget Solicitation of Public Comment persons may express their views in (OMB) regulations, the FAR Council writing on the standards enumerated in invites the public to comment upon a Written comments and suggestions the BHC Act (12 U.S.C. 1842(c)). If the renewal for the Standard Form (SF) from the public should address one or proposal also involves the acquisition of 1443, Contractor’s Request for Progress more of the following four points: a nonbanking company, the review also Payment, and the Federal Acquisition (1) Evaluate whether the collection of includes whether the acquisition of the Regulation (FAR) 52.232–16, Progress information is necessary for the proper nonbanking company complies with the Payments. There are no changes to the performance of the functions of the standards in section 4 of the BHC Act existing information collection. agency, including whether the (12 U.S.C. 1843). Unless otherwise DATES: Submit comments on or before information will have practical utility; noted, nonbanking activities will be June 26, 2018. (2) Evaluate the accuracy of the conducted throughout the United States. agency’s estimate of the burden of the ADDRESSES: The FAR Council invites proposed collection of information, Unless otherwise noted, comments interested persons to submit comments regarding each of these applications including the validity of the on this collection by either of the methodology and assumptions used; must be received at the Reserve Bank following methods: indicated or the offices of the Board of • (3) Enhance the quality, utility, and Federal eRulemaking Portal: This clarity of the information to be Governors not later than May 24, 2018. website provides the ability to type A. Federal Reserve Bank of Chicago collected; and short comments directly into the (4) Minimize the burden of the (Colette A. Fried, Assistant Vice comment field or attach a file for President) 230 South LaSalle Street, collection of information on those who lengthier comments. Go to http:// are to respond, including through the Chicago, Illinois 60690–1414: www.regulations.gov and follow the 1. QCR Holdings, Inc., Moline, Illinois; use of appropriate automated, instructions on the site. electronic, mechanical, or other to acquire 100 percent of the voting • Mail: General Services shares of Springfield Bancshares, Inc. technological collection techniques or Administration, Regulatory Secretariat other forms of information technology, and thereby indirectly acquire Division (MVCB), 1800 F Street NW, Springfield First Community Bank, both e.g., permitting electronic submission of Washington, DC 20405. ATTN: Ms. responses. of Springfield, Missouri. Mandell/IC 9000–0010, Progress B. Federal Reserve Bank of Payments, SF 1443. B. Purpose Minneapolis (Mark A. Rauzi, Vice Instructions: All items submitted President), 90 Hennepin Avenue, Certain Federal contracts provide for must cite Information Collection 9000– progress payments to be made to the Minneapolis, Minnesota 55480–0291: 0010, Progress Payments, SF 1443. 1. Security Financial Services contractor during performance of the Comments received in response to this contract. Pursuant to FAR clause Corporation, Durand, Wisconsin; to docket will be made available for public acquire 100 percent of voting shares of 52.232–16 ‘‘Progress Payments,’’ inspection and posted without change, contractors are required to request Pioneer Acquisition Corporation, and including any personal information, at thereby acquire shares of Pioneer Bank progress payments on Standard Form http://www.regulations.gov. Comments (SF) 1443, ‘‘Contractor’s Request for of Wisconsin, both of Ladysmith, received generally will be posted Wisconsin. Progress Payment,’’ or an agency without change to http:// approved electronic equivalent. Board of Governors of the Federal Reserve www.regulations.gov, including any Additionally, contractors may be System, April 24, 2018. personal and/or business confidential required to submit reports, certificates, Ann Misback, information provided. To confirm financial statements, and other pertinent Secretary of the Board. receipt of your comment(s), please information, reasonably requested by [FR Doc. 2018–08950 Filed 4–26–18; 8:45 am] check www.regulations.gov, the Contracting Officer. The contractual BILLING CODE 6210–01–P approximately two to three days after requirement for submission of reports, submission to verify posting (except certificates, financial statements and allow 30 days for posting of comments other pertinent information is necessary DEPARTMENT OF DEFENSE submitted by mail). This information for protection of the Government against collection is pending at the FAR financial loss through the making of GENERAL SERVICES Council. The Council will submit it to progress payments. ADMINISTRATION OMB within 60 days from the date of this notice. C. Annual Reporting Burden NATIONAL AERONAUTICS AND FOR FURTHER INFORMATION CONTACT: Ms. The Electronic Document Access SPACE ADMINISTRATION Zenaida Delgado, Procurement Analyst, system (DoD official contract file at telephone 202–969–7207, or email system) indicates that in Fiscal Year [OMB Control No. 9000–0010; Docket No. [email protected]. (FY) 2017, 19,755 DoD contract awards 2018–0053; Sequence No. 1] SUPPLEMENTARY INFORMATION: contain FAR clause 52.232–16, Progress Information Collection; Progress Payments. A. Overview of Information Collection The estimated total burden is as Payments (SF–1443) Description of the Information follows: Respondents: 19,755. AGENCIES: Department of Defense (DOD), Collection General Services Administration (GSA), Responses per Respondent: 32. and National Aeronautics and Space 1. Type of Information Collection: Total Annual Responses: 632,160. Administration (NASA). Revision/Renewal of a currently Hours per Response: 0.42. approved collection. Total Burden Hours: 265,507. ACTION: Notice and request for 2. Title of the Collection—Progress Affected Public: Businesses or other comments. Payments, SF 1443 for-profit and not-for-profit institutions.
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Frequency: Annually. contact CDR Aimee Treffiletti (vsp@ Meeting Accessibility: The meeting is Obtaining Copies: Requesters may cdc.gov or 954–356–6650 or 770–488– open to the public, but space is limited obtain a copy of the information 3141) by Monday, May 20, 2018. to approximately 70 people. Advanced collection documents from the General ADDRESSES: You may submit comments, registration is encouraged. Information Services Administration, Regulatory identified by Docket No. CDC–2018– regarding logistics is available on the Secretariat Division (MVCB), 1800 F 0041 by any of the following methods: VSP website (www.cdc.gov/nceh/vsp). Street NW, Washington, DC 20405, • Federal eRulemaking Portal: Attendees at the annual meeting telephone 202–501–4755. Please cite www.regulations.gov. Follow the normally include cruise ship industry OMB Control No. 9000–0010, Progress instructions for submitting comments. officials, private sanitation consultants, Payments, SF 1443, in all • Mail: Vessel Sanitation Program, and other interested parties. correspondence. Centers for Disease Control and Dated: April 19, 2018. Dated: April 24, 2018. Prevention, 4770 Buford Highway NE, Sandra Cashman, Lorin Curit, MS F–58, Atlanta, Georgia 30341. Executive Secretary, Centers for Disease Instructions: All submissions received Director, Federal Acquisition Policy Division, Control and Prevention. Office of Governmentwide Acquisition Policy, must include the agency name and [FR Doc. 2018–08869 Filed 4–26–18; 8:45 am] Docket Number. All relevant comments Office of Acquisition Policy, Office of BILLING CODE 4163–18–P Governmentwide Policy. received will be posted without change [FR Doc. 2018–08894 Filed 4–26–18; 8:45 am] to www.regulations.gov, including any BILLING CODE 6820–EP–P personal information provided. For DEPARTMENT OF HEALTH AND access to the docket to read background HUMAN SERVICES documents or comments received, go to DEPARTMENT OF HEALTH AND www.regulations.gov. Centers for Disease Control and HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: CDR Prevention Aimee Treffiletti, Vessel Sanitation [Docket No. CDC–2017–0115] Centers for Disease Control and Program, Centers for Disease Control Prevention and Prevention, 4770 Buford Highway Availability of Vessel Sanitation NE, MS F–58, Atlanta, Georgia 30341, Program (VSP) Operations Manual and [Docket No. CDC–2018–0041] email: [email protected], phone: 954–356– VSP Construction Guidelines 6650 or 770–488–3141. Vessel Sanitation Program: Annual AGENCY: Centers for Disease Control and SUPPLEMENTARY INFORMATION: The Program Status Meeting; Request for Prevention (CDC), Department of Health purpose of the meeting is to inform the Comment and Human Services (HHS). public of VSP’s activities in assisting the ACTION: AGENCY: Centers for Disease Control and cruise industry to prevent the Notice of availability. Prevention (CDC), Department of Health introduction and spread of SUMMARY: The Centers for Disease and Human Services (HHS). gastrointestinal (GI) illness to U.S. ports Control and Prevention (CDC), located ACTION: Notice of public meeting and from ships under VSP’s jurisdiction within the Department of Health and request for comment. (ships with 13 or more passengers and Human Services (HHS) announces the an itinerary that includes foreign and availability of the 2018 Vessel SUMMARY: The Centers for Disease U.S. ports). Sanitation Program (VSP) Operations Control and Prevention (CDC) within The meeting will include a review of Manual and the VSP Construction the Department of Health and Human HHS/CDC’s public health support Guidelines. Services (HHS) announces the 2018 activities from 2017, provide annual Vessel Sanitation Program (VSP) perspective on VSP’s approach to vessel DATES: The final documents are public meeting. The annual meeting sanitation, and offer industry the available April 27, 2018. serves as a forum for HHS/CDC to opportunity to provide input regarding ADDRESSES: The final documents are update interested persons on work industry efforts to exceed VSP found in the docket at completed in 2017 and plans for future requirements. Presentations will clarify www.regulations.gov, Docket No. CDC– activities. HHS/CDC is also opening a the roles and responsibilities of VSP, 2017–0115 and at www.cdc.gov/nceh/ public docket so that additional cruise line public health management, vsp/. comments and materials may be and shipyards constructing cruise ships. FOR FURTHER INFORMATION CONTACT: submitted. The official record of this Presentations will also include Commander Aimee Treffiletti, Chief, meeting will remain open through July initiatives for improved epidemiologic Vessel Sanitation Program, National 26, 2018 so that additional materials or study of disease outbreaks and strategic Center for Environmental Health, comments may be submitted and made approaches to public health risk Centers for Disease Control and part of the record. reduction for 2019 and the future. Prevention, 4770 Buford Highway NE, DATES: Written comments must be Matters to be discussed: MS F–59, Chamblee, Georgia 30341– received on or before July 26, 2018. • VSP year in review: operational and 3717; phone: 800–323–2132 or 954– The meeting will be held on June 20, construction inspections, budget, and 356–6650; email: [email protected]. 2018, from 9:00 a.m. to 4:30 p.m. in the vessel sanitation training SUPPLEMENTARY INFORMATION: On Ballroom at the DoubleTree Grand Hotel • GI illness data and epidemiology December 4, 2017, CDC published a Biscayne Bay, 1717 North Bayshore projects: VSP review and progress notice in the Federal Register (82 FR Drive, Miami, FL 33132. Information report 57272) requesting public comment on regarding logistics is available on the • VSP 2018 Operations Manual and the draft versions of the VSP Operations VSP website (www.cdc.gov/nceh/vsp). Construction Guidelines: Manual and VSP Construction Deadline for Requests for Special implementation of the new guidance Guidelines. In these drafts, VSP revised Accommodations: Persons wishing to • Shipyard construction: how to the VSP Operations Manual to reflect participate in the public meeting who strengthen public health through new technologies, current food science, need special accommodations should engineering controls disease patterns and trends, and
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emerging pathogens. VSP also revised an opportunity for the public to Contents the VSP Construction Guidelines as a comment on CMS’ intention to collect This notice sets out a summary of the framework of consistent construction information from the public. Under the use and burden associated with the and design guidelines related to public Paperwork Reduction Act of 1995 (the following information collections. More health, including vessel facilities related PRA), federal agencies are required to detailed information can be found in to food storage, preparation, and service publish notice in the Federal Register each collection’s supporting statement and water bunkering, storage, concerning each proposed collection of and associated materials (see disinfection, and distribution. information (including each proposed ADDRESSES). CDC received five comments on the extension or reinstatement of an existing document from industry and the public. collection of information) and to allow CMS–838 Medicare Credit Balance Comments related to document format 60 days for public comment on the Reporting Requirements (highlighted versions), height proposed action. Interested persons are Under the PRA (44 U.S.C. 3501– requirements for handwashing stations, invited to send comments regarding our 3520), federal agencies must obtain requirements for chlorine and pH burden estimates or any other aspect of approval from the Office of Management monitoring of production water, this collection of information, including and Budget (OMB) for each collection of language in specific sections of the the necessity and utility of the proposed information they conduct or sponsor. Operations Manual, and a general information collection for the proper The term ‘‘collection of information’’ is comment about the effectiveness of the performance of the agency’s functions, defined in 44 U.S.C. 3502(3) and 5 CFR program. the accuracy of the estimated burden, In response to the comments, CDC has 1320.3(c) and includes agency requests ways to enhance the quality, utility, and or requirements that members of the provided highlighted versions of the clarity of the information to be 2018 Operations Manual and public submit reports, keep records, or collected, and the use of automated provide information to a third party. Construction Guidelines and included collection techniques or other forms of requirements for handwashing station Section 3506(c)(2)(A) of the PRA information technology to minimize the requires federal agencies to publish a height and chlorine and pH monitoring. information collection burden. Regarding the comment suggesting 60-day notice in the Federal Register DATES: Comments must be received by language changes, CDC developed the concerning each proposed collection of June 26, 2018. draft 2018 Operations Manual through a information, including each proposed cooperative change request system with ADDRESSES: When commenting, please extension or reinstatement of an existing industry. In 2015, CDC provided change reference the document identifier or collection of information, before request forms and instructions to OMB control number. To be assured submitting the collection to OMB for industry partners, then held in-person consideration, comments and approval. To comply with this and web-based meetings with partners recommendations must be submitted in requirement, CMS is publishing this over 2 years to review the change any one of the following ways: notice. 1. Electronically. You may send your requests they submitted. Proposed Information Collection substantive changes would need to be comments electronically to http:// accepted through the same process www.regulations.gov. Follow the 1. Type of Information Collection before CDC could consider including instructions for ‘‘Comment or Request: Extension of a currently them in the draft 2018 Operations Submission’’ or ‘‘More Search Options’’ approved collection; Title of Manual. CDC took no action in response to find the information collection Information Collection: Medicare Credit to the general comment about the document(s) that are accepting Balance Reporting Requirements; Use: program being ineffective. CDC carefully comments. Quarterly credit balance reporting is reviewed and considered all comments 2. By regular mail. You may mail needed to monitor and control the in development of the final documents. written comments to the following identification and timely collection of address: CMS, Office of Strategic improper payments. Credit balances are Dated: April 23, 2018. Operations and Regulatory Affairs, mainly attributable to provider billing Sandra Cashman, Division of Regulations Development, practices and cannot be eliminated by Executive Secretary, Centers for Disease Attention: Document Identifier/OMB program functions; they will continue to Control and Prevention. Control Numberll, Room C4–26–05, occur. The OIG issued a Management [FR Doc. 2018–08870 Filed 4–26–18; 8:45 am] 7500 Security Boulevard, Baltimore, Advisory Report (MAR) on their BILLING CODE 4163–18–P Maryland 21244–1850. extended review of credit balances (See To obtain copies of a supporting Attachment). They state that statement and any related forms for the approximately 90 percent of credit DEPARTMENT OF HEALTH AND proposed collection(s) summarized in balances result from providers: (1) HUMAN SERVICES this notice, you may make your request Billing Medicare and a private insurer using one of following: for the same service, (2) submitting Centers for Medicare & Medicaid 1. Access CMS’ website address at duplicate billings for services in a Services https://www.cms.gov/Regulations-and- manner which cannot be detected by [Document Identifiers: CMS–838] Guidance/Legislation/Paperwork system edits, and (3) billing for services ReductionActof1995/PRA-Listing.html. not performed. The MAR recommends Agency Information Collection 2. Email your request, including your that CMS continue its plan of recovery Activities: Proposed Collection; address, phone number, OMB number, by requiring hospitals to report Comment Request and CMS document identifier, to Medicare credit balances to contractors [email protected]. AGENCY: Centers for Medicare & on a quarterly basis. Form Number: 3. Call the Reports Clearance Office at Medicaid Services, HHS. CMS–838 (OMB control number: 0938– (410) 786–1326. ACTION: Notice. 0600); Frequency: Quarterly; Affected FOR FURTHER INFORMATION CONTACT: Public: Private sector (Business or other SUMMARY: The Centers for Medicare & William Parham at (410) 786–4669. For-profits); Number of Respondents: Medicaid Services (CMS) is announcing SUPPLEMENTARY INFORMATION: 52,582; Total Annual Responses:
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210,328; Total Annual Hours: 630,984. anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked (For policy questions regarding this confidential business information, such as ‘‘confidential’’ will not be disclosed collection contact Anita Crosier at 410– as a manufacturing process. Please note except in accordance with 21 CFR 10.20 786–0217). that if you include your name, contact and other applicable disclosure law. For Dated: April 24, 2018. information, or other information that more information about FDA’s posting identifies you in the body of your William N. Parham, III, of comments to public dockets, see 80 comments, that information will be FR 56469, September 18, 2015, or access Director, Paperwork Reduction Staff, Office posted on https://www.regulations.gov. the information at: https://www.gpo.gov/ of Strategic Operations and Regulatory • If you want to submit a comment Affairs. fdsys/pkg/FR-2015-09-18/pdf/2015- with confidential information that you 23389.pdf. [FR Doc. 2018–08893 Filed 4–26–18; 8:45 am] do not wish to be made available to the Docket: For access to the docket to BILLING CODE 4120–01–P public, submit the comment as a read background documents or the written/paper submission and in the electronic and written/paper comments manner detailed (see ‘‘Written/Paper DEPARTMENT OF HEALTH AND received, go to https:// Submissions’’ and ‘‘Instructions’’). HUMAN SERVICES www.regulations.gov and insert the Written/Paper Submissions docket number, found in brackets in the Food and Drug Administration heading of this document, into the Submit written/paper submissions as ‘‘Search’’ box and follow the prompts [Docket No. FDA–2017–D–2462] follows: and/or go to the Dockets Management • Mail/Hand delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, The Index of Legally Marketed written/paper submissions): Dockets Rockville, MD 20852. Unapproved New Animal Drugs for Management Staff (HFA–305), Food and You may submit comments on any Minor Species; Guidance for Industry; Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Availability Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments 10.115(g)(5)). AGENCY: Food and Drug Administration, submitted to the Dockets Management Submit written requests for single HHS. Staff, FDA will post your comment, as copies of the guidance to the Policy and ACTION: Notice of availability. well as any attachments, except for Regulations Staff (HFV–6), Center for information submitted, marked, and Veterinary Medicine, Food and Drug SUMMARY: The Food and Drug identified as confidential, if submitted Administration, 7500 Standish Pl., Administration (FDA) is announcing the as detailed in ‘‘Instructions.’’ Rockville, MD 20855. Send one self- availability of guidance for industry Instructions: All submissions received addressed adhesive label to assist that #210 entitled ‘‘The Index of Legally must include the Docket No. FDA– office in processing your requests. See Marketed Unapproved New Animal 2017–D–2462 for ‘‘The Index of Legally the SUPPLEMENTARY INFORMATION section Drugs for Minor Species.’’ This final Marketed Unapproved New Animal for electronic access to the draft guidance describes the process for Drugs for Minor Species.’’ Received guidance document. adding a new animal drug to the Index comments will be placed in the docket FOR FURTHER INFORMATION CONTACT: of Legally Marketed Unapproved New and, except for those submitted as Dorothy Bailey, Center for Veterinary Animal Drugs for Minor Species (the ‘‘Confidential Submissions,’’ publicly Medicine (HFV–50), Food and Drug Index). The Index consists of a list of viewable at https://www.regulations.gov Administration, 7500 Standish Pl., legally marketed unapproved new or at the Dockets Management Staff Rockville, MD 20855, 240–402–0565, animal drugs for minor species that between 9 a.m. and 4 p.m., Monday [email protected]. meet the requirements of a certain through Friday. SUPPLEMENTARY INFORMATION: section of the Federal Food, Drug, and • Confidential Submissions—To Cosmetic Act (FD&C Act). submit a comment with confidential I. Background DATES: The announcement of the information that you do not wish to be In the Federal Register of September guidance is published in the Federal made publicly available, submit your 15, 2017 (82 FR 43381), FDA published Register on April 27, 2018. comments only as a written/paper the notice of availability for a draft ADDRESSES: You may submit either submission. You should submit two guidance entitled ‘‘The Index of Legally electronic or written comments on copies total. One copy will include the Marketed Unapproved New Animal Agency guidances at any time as information you claim to be confidential Drugs for Minor Species’’ giving follows: with a heading or cover note that states interested persons until November 14, ‘‘THIS DOCUMENT CONTAINS 2017, to comment on the draft guidance. Electronic Submissions CONFIDENTIAL INFORMATION’’. The FDA received several comments on the Submit electronic comments in the Agency will review this copy, including draft guidance and those comments following way: the claimed confidential information, in were considered as the guidance was • Federal eRulemaking Portal: its consideration of comments. The finalized. Editorial changes were made https://www.regulations.gov. Follow the second copy, which will have the to improve clarity. The guidance instructions for submitting comments. claimed confidential information announced in this notice finalizes the Comments submitted electronically, redacted/blacked out, will be available draft guidance dated September 2017. including attachments, to https:// for public viewing and posted on The Index consists of a list of legally www.regulations.gov will be posted to https://www.regulations.gov. Submit marketed unapproved new animal drugs the docket unchanged. Because your both copies to the Dockets Management for minor species that meet the comment will be made public, you are Staff. If you do not wish your name and requirements of section 572 of the FD&C solely responsible for ensuring that your contact information to be made publicly Act. comment does not include any available, you can provide this confidential information that you or a information on the cover sheet and not II. Significance of Guidance third party may not wish to be posted, in the body of your comments and you This level 1 guidance is being issued such as medical information, your or must identify this information as consistent with FDA’s good guidance
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practices regulation (21 CFR 10.115). DATES: Submit either electronic or a.m. and 4 p.m., Monday through The guidance represents the current written comments on the draft guidance Friday. thinking of FDA on The Index of Legally by June 26, 2018 to ensure that the • Confidential Submissions—To Marketed Unapproved New Animal Agency considers your comment on this submit a comment with confidential Drugs for Minor Species. It does not draft guidance before it begins work on information that you do not wish to be establish any rights for any person and the final version of the guidance. made publicly available, submit your is not binding on FDA or the public. ADDRESSES: You may submit comments comments only as a written/paper You can use an alternative approach if on any guidance at any time as follows: submission. You should submit two it satisfies the requirements of the copies total. One copy will include the Electronic Submissions applicable statutes and regulations. This information you claim to be confidential guidance is not subject to Executive Submit electronic comments in the with a heading or cover note that states Order 12866. following way: ‘‘THIS DOCUMENT CONTAINS • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The III. Paperwork Reduction Act of 1995 https://www.regulations.gov. Follow the Agency will review this copy, including This draft guidance refers to instructions for submitting comments. the claimed confidential information, in previously approved collections of Comments submitted electronically, its consideration of comments. The information found in FDA regulations. including attachments, to https:// second copy, which will have the These collections of information are www.regulations.gov will be posted to claimed confidential information subject to review by the Office of the docket unchanged. Because your redacted/blacked out, will be available Management and Budget (OMB) under comment will be made public, you are for public viewing and posted on the Paperwork Reduction Act of 1995 solely responsible for ensuring that your https://www.regulations.gov. Submit (44 U.S.C. 3501–3520). The collections comment does not include any both copies to the Dockets Management of information in 21 CFR 516.119 confidential information that you or a Staff. If you do not wish your name and through 516.165 have been approved third party may not wish to be posted, contact information to be made publicly under OMB control number 0910–0620. such as medical information, your or available, you can provide this anyone else’s Social Security number, or information on the cover sheet and not IV. Electronic Access confidential business information, such in the body of your comments and you Persons with access to the internet as a manufacturing process. Please note must identify this information as may obtain the guidance at either that if you include your name, contact ‘‘confidential.’’ Any information marked https://www.fda.gov/AnimalVeterinary/ information, or other information that as ‘‘confidential’’ will not be disclosed GuidanceComplianceEnforcement/ identifies you in the body of your except in accordance with 21 CFR 10.20 GuidanceforIndustry/default.htm or comments, that information will be and other applicable disclosure law. For https://www.regulations.gov. posted on https://www.regulations.gov. more information about FDA’s posting • If you want to submit a comment of comments to public dockets, see 80 Dated: April 23, 2018. with confidential information that you FR 56469, September 18, 2015, or access Leslie Kux, do not wish to be made available to the the information at: https://www.gpo.gov/ Associate Commissioner for Policy. public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- [FR Doc. 2018–08926 Filed 4–26–18; 8:45 am] written/paper submission and in the 23389.pdf. BILLING CODE 4164–01–P manner detailed (see ‘‘Written/Paper Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). read background documents or the electronic and written/paper comments DEPARTMENT OF HEALTH AND Written/Paper Submissions received, go to https:// HUMAN SERVICES Submit written/paper submissions as www.regulations.gov and insert the follows: docket number, found in brackets in the Food and Drug Administration • Mail/Hand delivery/Courier (for heading of this document, into the written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts [Docket No. FDA–2018–D–1339] Management Staff (HFA–305), Food and and/or go to the Dockets Management Multiple Function Device Products: Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. Policy and Considerations; Draft • Guidance for Industry and Food and For written/paper comments You may submit comments on any Drug Administration Staff; Availability submitted to the Dockets Management guidance at any time (see 21 CFR Staff, FDA will post your comment, as 10.115(g)(5)). AGENCY: Food and Drug Administration, well as any attachments, except for An electronic copy of the guidance HHS. information submitted, marked and document is available for download ACTION: Notice of availability. identified, as confidential, if submitted from the internet. See the as detailed in ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION section for SUMMARY: The Food and Drug Instructions: All submissions received information on electronic access to the Administration (FDA or Agency) is must include the Docket No. FDA– guidance. Submit written requests for a announcing the availability of the draft 2018–D–1339 for ‘‘Multiple Function single hard copy of the draft guidance guidance entitled ‘‘Multiple Function Device Products: Policy and document entitled ‘‘Multiple Function Device Products: Policy and Considerations; Draft Guidance for Device Products: Policy and Considerations.’’ This draft guidance Industry and Food and Drug Considerations’’ to the Office of the provides FDA’s regulatory approach for Administration Staff; Availability.’’ Center Director, Guidance and Policy products with multiple functions, Received comments will be placed in Development, Center for Devices and including at least one device function, the docket and, except for those Radiological Health, Food and Drug in accordance with the 21st Century submitted as ‘‘Confidential Administration, 10903 New Hampshire Cures Act (Cures Act). This draft Submissions,’’ publicly viewable at Ave., Bldg. 66, Rm. 5431, Silver Spring, guidance is not final nor is it in effect https://www.regulations.gov or at the MD 20993–0002, or the Office of at this time. Dockets Management Staff between 9 Communication, Outreach, and
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Development, Center for Biologics 520(o)(2) of the FD&C Act describes the III. Electronic Access Evaluation and Research, Food and regulation and assessment of a software Persons interested in obtaining a copy Drug Administration, 10903 New product with multiple functions, of the draft guidance may do so by Hampshire Ave., Bldg. 71, Rm. 3128, including at least one device function downloading an electronic copy from Silver Spring, MD 20993–0002. Send and at least one software function that the internet. A search capability for all one self-addressed adhesive label to is not a device. In this draft guidance, Center for Devices and Radiological assist that office in processing your FDA provides its current thinking on Health guidance documents is available request. the regulation of products with multiple at https://www.fda.gov/MedicalDevices/ FOR FURTHER INFORMATION CONTACT: functions with at least one device DeviceRegulationandGuidance/ Bakul Patel, Center for Devices and function. Although section 520(o)(2) of GuidanceDocuments/default.htm. This Radiological Health, Food and Drug the FD&C Act applies to the regulation guidance document is also available at Administration, 10903 New Hampshire of software products containing at least https://www.fda.gov/Biologics Ave., Bldg. 66, Rm. 5458, Silver Spring, one device function and at least one BloodVaccines/GuidanceCompliance MD 20993–0002, 301–796–5528; or non-device function, FDA believes the RegulatoryInformation/default.htm or Stephen Ripley, Center for Biologics same principles apply to all multiple https://www.regulations.gov. Persons Evaluation and Research, Food and function products that contain at least unable to download an electronic copy Drug Administration, 10903 New one device function. of ‘‘Multiple Function Device Products: Hampshire Ave., Bldg. 71, Rm. 7301, Policy and Considerations’’ may send an Silver Spring, MD 20993–0002, 240– II. Significance of Guidance email request to CDRH-Guidance@ 402–7911. fda.hhs.gov to receive an electronic This draft guidance is being issued SUPPLEMENTARY INFORMATION: copy of the document. Please use the consistent with FDA’s good guidance document number 17038 to identify the I. Background practices regulation (21 CFR 10.115). guidance you are requesting. On December 13, 2016, the Cures Act The draft guidance, when finalized, will was signed into law. Section 3060(a) of represent the current thinking of FDA IV. Paperwork Reduction Act of 1995 this legislation entitled ‘‘Clarifying on ‘‘Multiple Function Device Products: This guidance refers to previously Medical Software Regulation’’ amended Policy and Considerations.’’ It does not approved collections of information. the Federal Food, Drug, and Cosmetic establish any rights for any person and These collections of information are Act (FD&C Act) to add section 520(o) is not binding on FDA or the public. subject to review by the Office of (21 U.S.C. 360j(o)), which describes You can use an alternative approach if Management and Budget (OMB) under software functions that are excluded it satisfies the requirements of the the Paperwork Reduction Act of 1995 from the definition of the term device in applicable statutes and regulations. This (44 U.S.C. 3501–3520). The collections section 201(h) of the FD&C Act (21 guidance is not subject to Executive of information have been approved by U.S.C. 321(h)). In addition, section Order 12866. OMB as follows:
Have been approved The collections of information in this 21 CFR part or guidance document: Regarding this topic: under OMB control No.:
803 ...... Medical device reporting ...... 0910–0437 807, subparts A–D ...... Registration and listing ...... 0910–0625 807, subpart E ...... Premarket notification ...... 0910–0120 812 ...... Investigational device exemption ...... 0910–0078 814, subparts A–E ...... Premarket approval applications ...... 0910–0231 814, subpart H ...... Humanitarian use devices ...... 0910–0332 820 ...... Current good manufacturing practice 0910–0073 and the quality system regulation. 601 ...... Biologics license applications ...... 0910–0338 ‘‘User Fees for 513(g) Requests for Information’’ and ‘‘FDA and Industry Pro- 513(g) requests ...... 0910–0705 cedures for Section 513(g) Requests for Information under the Federal Food, Drug, and Cosmetic Act’’. ‘‘Requests for Feedback on Medical Device Submissions: The Pre-Submis- Q-submissions and presubmissions ... 0910–0756 sion Program and Meetings with Food and Drug Administration Staff’’. ‘‘De Novo Classification Process (Evaluation of Automatic Class III Designa- De Novo requests ...... 0910–0844 tion)’’.
Dated: April 23, 2018. DEPARTMENT OF HEALTH AND ACTION: Notice of availability. Leslie Kux, HUMAN SERVICES SUMMARY: Associate Commissioner for Policy. The Food and Drug Food and Drug Administration Administration (FDA or Agency) is [FR Doc. 2018–08858 Filed 4–26–18; 8:45 am] announcing the availability of a BILLING CODE 4164–01–P [Docket No. FDA–2011–D–0586] guidance for industry entitled ‘‘Clinical Clinical Trial Imaging Endpoint Trial Imaging Endpoint Process Process Standards; Guidance for Standards.’’ This guidance assists Industry; Availability sponsors in optimizing the quality of imaging data obtained in clinical trials AGENCY: Food and Drug Administration, intended to support approval of drugs HHS. and biological products. This guidance
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focuses on imaging acquisition, display, comments will be placed in the docket Send one self-addressed adhesive label archiving, and interpretation process and, except for those submitted as to assist that office in processing your standards that FDA regards as important ‘‘Confidential Submissions,’’ publicly requests. See the SUPPLEMENTARY when imaging is used to assess a trial’s viewable at https://www.regulations.gov INFORMATION section for electronic primary endpoint or a component of or at the Dockets Management Staff access to the guidance document. that endpoint. This guidance finalizes between 9 a.m. and 4 p.m., Monday FOR FURTHER INFORMATION CONTACT: the draft guidance of the same name through Friday. Libero (Louis) Marzella, Center for Drug • issued on March 5, 2015. Confidential Submissions—To Evaluation and Research, Food and DATES: The announcement of the submit a comment with confidential Drug Administration, 10903 New guidance is published in the Federal information that you do not wish to be Hampshire Ave., Bldg. 22, Rm. 5482, Register on April 27, 2018. made publicly available, submit your Silver Spring, MD 20993–0002, 301– comments only as a written/paper 796–1414; or Stephen Ripley, Center for ADDRESSES: You may submit either submission. You should submit two electronic or written comments on Biologics Evaluation and Research, copies total. One copy will include the Food and Drug Administration, 10903 Agency guidances at any time as information you claim to be confidential follows: New Hampshire Ave., Bldg. 71, Rm. with a heading or cover note that states 7301, Silver Spring, MD 20993–0002, Electronic Submissions ‘‘THIS DOCUMENT CONTAINS 240–402–7911. CONFIDENTIAL INFORMATION.’’ The Submit electronic comments in the Agency will review this copy, including SUPPLEMENTARY INFORMATION: following way: • the claimed confidential information, in I. Background Federal eRulemaking Portal: its consideration of comments. The FDA is announcing the availability of https://www.regulations.gov. Follow the second copy, which will have the a guidance for industry entitled instructions for submitting comments. claimed confidential information ‘‘Clinical Trial Imaging Endpoint Comments submitted electronically, redacted/blacked out, will be available Process Standards.’’ The purpose of this including attachments, to https:// for public viewing and posted on guidance is to assist sponsors in www.regulations.gov will be posted to https://www.regulations.gov. Submit the docket unchanged. Because your both copies to the Dockets Management optimizing the quality of imaging data comment will be made public, you are Staff. If you do not wish your name and obtained in clinical trials intended to solely responsible for ensuring that your contact information to be made publicly support approval of drugs and biological comment does not include any available, you can provide this products. It focuses on imaging confidential information that you or a information on the cover sheet and not acquisition, display, archiving, and third party may not wish to be posted, in the body of your comments and you interpretation standards that FDA such as medical information, your or must identify this information as regards as important when imaging is anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked used to assess the trial’s primary confidential business information, such as ‘‘confidential’’ will not be disclosed endpoint or a component of that as a manufacturing process. Please note except in accordance with 21 CFR 10.20 endpoint. The guidance describes the that if you include your name, contact and other applicable disclosure law. For minimum standards a sponsor should information, or other information that more information about FDA’s posting use to help ensure that clinical trial identifies you in the body of your of comments to public dockets, see 80 imaging data are obtained in a manner comments, that information will be FR 56469, September 18, 2015, or access that complies with a trial’s protocol, posted on https://www.regulations.gov. the information at: https://www.gpo.gov/ maintains imaging data quality, and • If you want to submit a comment fdsys/pkg/FR-2015-09-18/pdf/2015- provides a verifiable record of the with confidential information that you 23389.pdf. imaging process. do not wish to be made available to the Docket: For access to the docket to This guidance addresses the public, submit the comment as a read background documents or the background considerations for written/paper submission and in the electronic and written/paper comments determining the role of imaging in a manner detailed (see ‘‘Written/Paper received, go to https://www.regulations. clinical trial as well as the major Submissions’’ and ‘‘Instructions’’). gov and insert the docket number, found considerations in the development of an imaging charter that describes the trial’s Written/Paper Submissions in brackets in the heading of this document, into the ‘‘Search’’ box and imaging methods. The guidance Submit written/paper submissions as follow the prompts and/or go to the specifically addresses the technical follows: Dockets Management Staff, 5630 Fishers components of a charter’s description of • Mail/Hand delivery/Courier (for Lane, Rm. 1061, Rockville, MD 20852. the image acquisition, image written/paper submissions): Dockets You may submit comments on any interpretation, and image data Management Staff (HFA–305), Food and guidance at any time (see 21 CFR development methods. This guidance Drug Administration, 5630 Fishers 10.115(g)(5)). finalizes the draft guidance issued on Lane, Rm. 1061, Rockville, MD 20852. Submit written requests for single March 5, 2015 (80 FR 11998). Changes • For written/paper comments copies of this guidance to the Division made to the draft guidance took into submitted to the Dockets Management of Drug Information, Center for Drug consideration written and verbal Staff, FDA will post your comment, as Evaluation and Research, Food and comments received. In addition to well as any attachments, except for Drug Administration, 10001 New editorial changes primarily for information submitted, marked and Hampshire Ave., Hillandale Building, clarification, changes also included the identified, as confidential, if submitted 4th Floor, Silver Spring, MD 20993– following: clarifying the recommended as detailed in ‘‘Instructions.’’ 0002, or the Office of Communication, role of a centralized image Instructions: All submissions received Outreach and Development, Center for interpretation process and the quality must include the Docket No. FDA– Biologics Evaluation and Research, control process; streamlining the 2011–D–0586 for ‘‘Clinical Trial Food and Drug Administration, 10903 description of the recommended Imaging Endpoint Process Standards; New Hampshire Ave., Bldg. 71, Rm. approach to incidental findings and to Guidance for Industry.’’ Received 3128, Silver Spring, MD 20993–0002. discordant image interpretations; and
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highlighting further the and Thursday, May 10, 2018, from 9:30 the date that is one year from the interrelationship between a clinical a.m. to 1:00 p.m. ET. Secretary’s adoption of the condition for protocol and an imaging charter. ADDRESSES: The public may attend this screening. This guidance is being issued meeting in person or via Webcast. While Agenda: The meeting agenda will consistent with FDA’s good guidance this meeting will be open to the public, include: (1) Presentations and practices regulation (21 CFR 10.115). advance registration is required. Please discussion on risk assessment in The guidance represents the current register online at http://www.achdnc thinking of FDA on clinical trial newborn screening; (2) presentation of meetings.org/ by 12:00 p.m. ET on May educational tools for communicating imaging endpoint process standards. It 7, 2018. newborn screening results; (3) does not establish any rights for any The address for the meeting is 5600 person and is not binding on FDA or the Fishers Lane, Rockville, MD 20857. presentations from states working public. You can use an alternative Non-U.S. citizens planning to attend in toward timeliness goals in newborn approach if it satisfies the requirements person will need to provide additional screening; (4) an update on the status of of the applicable statutes and information to HRSA by Monday, April newborn screening pilot studies for regulations. This guidance is not subject 30, 2018, 12 p.m. ET. To facilitate access Guanidinoacetate Methyltransferase to Executive Order 12866. to the building, please contact Ann (GAMT) deficiency; (5) updates from the Laboratory Standards and Procedures II. The Paperwork Reduction Act of Ferrero at the contact information listed workgroup; (6) updates from the Follow- 1995 below. Individuals who plan to attend and need special assistance, such as up and Treatment workgroup; (7) This guidance refers to previously sign language interpretation or other updates from the Education and approved collections of information that reasonable accommodations, should Training workgroup; and (8) reviewing are subject to review by the Office of notify Ms. Ferrero at least 10 days prior the process for assessing the public Management and Budget (OMB) under to the meeting. health impact of adding conditions to the Paperwork Reduction Act of 1995 The meeting will also be accessible the RUSP. (44 U.S.C. 3501–3520). The collections via Webcast. Instructions on how to There are no votes scheduled for this of information in 21 CFR parts 312 and access the meeting via Webcast will be meeting. The final meeting agenda will 314 have been approved under OMB provided upon registration. be available two (2) days prior to the control numbers 0910–0014 and 0910– FOR FURTHER INFORMATION CONTACT: meeting on the Committee’s website at 0001, respectively. Anyone requesting information https://www.hrsa.gov/advisory- III. Electronic Access regarding the ACHDNC should contact Ann Ferrero, Maternal and Child Health committees/heritable-disorders/ Persons with access to the internet Bureau (MCHB), HRSA, in one of three index.html. Please note that agenda may obtain the guidance at https:// ways: (1) Send a request to the following items and meeting times are subject to www.fda.gov/Drugs/ address: Ann Ferrero, MCHB, HRSA change as priorities dictate. GuidanceComplianceRegulatory 5600 Fishers Lane, Room 18N100C, Public Participation: Members of the Information/Guidances/default.htm, Rockville, MD 20857; (2) call 301–443– https://www.fda.gov/BiologicsBlood public will have the opportunity to 3999; or (3) send an email to AFerrero@ Vaccines/GuidanceCompliance provide comments, which are part of the hrsa.gov. RegulatoryInformation/default.htm, or official Committee record. To submit https://www.regulations.gov. SUPPLEMENTARY INFORMATION: written comments or request time for an Background: The ACHDNC provides oral comment at the meeting, please Dated: April 24, 2018. advice and recommendations to the register online by 12:00 p.m. ET on May Leslie Kux, Secretary of HHS on the development of 3, 2018, at http://www.achdnc Associate Commissioner for Policy. newborn screening activities, meetings.org/. Oral comments will be [FR Doc. 2018–08903 Filed 4–26–18; 8:45 am] technologies, policies, guidelines, and honored in the order they are requested BILLING CODE 4164–01–P programs for effectively reducing and may be limited as time allows. morbidity and mortality in newborns Individuals associated with groups or and children having, or at risk for, who plan to provide comments on DEPARTMENT OF HEALTH AND heritable disorders. In addition, similar topics may be asked to combine HUMAN SERVICES ACHDNC’s recommendations regarding their comments and present them inclusion of additional conditions and through a single representative. No Health Resources and Services inherited disorders for screening are Administration included in the Recommended Uniform audiovisual presentations are permitted. Screening Panel (RUSP) following Written comments should identify the Advisory Committee on Heritable adoption by the Secretary. Conditions individual’s name, address, email, Disorders in Newborns and Children listed on the RUSP constitute part of the telephone number, professional or AGENCY: Health Resources and Services comprehensive preventive health organization affiliation, background or Administration (HRSA), Department of guidelines supported by HRSA for area of expertise (i.e., parent, family Health and Human Services (HHS). infants and children under section 2713 member, researcher, clinician, public ACTION: Notice of Meeting. of the Public Health Service Act (42 health, etc.) and the topic/subject U.S.C. 300gg–13). Under this provision, matter. SUMMARY: In accordance with the non-grandfathered health plans and Amy P. McNulty, Federal Advisory Committee Act, this health insurance issuers are required to notice announces that the Advisory provide insurance coverage without Acting Director, Division of the Executive Committee on Heritable Disorders in cost-sharing (a co-payment, co- Secretariat. Newborns and Children (ACHDNC) will insurance, or deductible) for screenings [FR Doc. 2018–08853 Filed 4–26–18; 8:45 am] hold a public meeting. included in the HRSA-supported BILLING CODE 4165–15–P DATES: Wednesday, May 9, 2018, from comprehensive guidelines for plan years 9:30 a.m. to 5:00 p.m. Eastern Time (ET) (i.e., policy years) beginning on or after
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DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To with the training experience. Results of HUMAN SERVICES request a copy of the clearance requests these surveys will be used to plan and submitted to OMB for review, email Lisa redirect resources and efforts as needed Health Resources and Services Wright-Solomon, the HRSA Information to improve services and processes. Administration Collection Clearance Officer at HRSA may also use focus groups to [email protected] or call (301) 443– Agency Information Collection gain partner input into the design of 1984. mail and telephone surveys. Focus Activities: Submission to OMB for SUPPLEMENTARY INFORMATION: When Review and Approval; Public Comment groups, in-class evaluation forms, mail submitting comments or requesting surveys, and telephone surveys are Request; Voluntary Partner Surveys To information, please include the Implement Executive Order 12862 in expected to be the preferred data information request collection title for collection methods. the Health Resources and Services reference, in compliance with Section A generic approval allows HRSA to Administration, OMB No. 0915–0212— 3506(c)(2)(A) of the Paperwork conduct a limited number of partner Extension Reduction Act of 1995. surveys without a full-scale OMB AGENCY: Health Resources and Services Information Collection Request Title: Voluntary Partner Surveys to Implement review of each survey. If continued Administration (HRSA), Department of generic approval is granted, information Health and Human Services. Executive Order 12862 in the Health Resources and Services Administration on each individual partner survey will ACTION: Notice. OMB No. 0915–0212—Extension not be published in the Federal Abstract: In response to Executive Register. SUMMARY: In compliance with the Order 12862, HRSA proposes to conduct Burden Statement: Burden in this Paperwork Reduction Act of 1995, voluntary customer surveys of its context means the time expended by HRSA has submitted an Information partners to assess strengths and persons to generate, maintain, retain, Collection Request (ICR) to the Office of weaknesses in program services and disclose or provide the information Management and Budget (OMB) for processes. HRSA partners are typically requested. This includes the time review and approval. HRSA published state and local governments, health care needed to review instructions; to the 60-Day notice on November 13, facilities, health care consortia, health develop, acquire, install and utilize 2017, FR Doc. 2017–24492. Comments care providers and trainees, and technology and systems for the purpose submitted during the first public review researchers. HRSA is requesting a of collecting, validating and verifying of this ICR will be provided to OMB. generic approval from OMB to conduct information, processing and OMB will accept further comments from the partner surveys. maintaining information, and disclosing the public during the review and Partner surveys to be conducted by and providing information; to train approval period. HRSA might include, for example, mail personnel and to be able to respond to DATES: Comments on this ICR should be or telephone surveys of grantees to a collection of information; to search received no later than May 29, 2018. determine satisfaction with grant data sources; to complete and review ADDRESSES: Submit your comments, processes or technical assistance the collection of information; and to including the ICR Title, to the desk provided by a contractor, or in-class transmit or otherwise disclose the officer for HRSA, either by email to evaluation forms completed by information. The total annual burden [email protected] or by providers who receive training from hours estimated for this ICR are fax to 202–395–5806. HRSA grantees, to measure satisfaction summarized in the table below.
TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
Average Number of Number of Total burden per Total Form name respondents responses per responses response burden respondent (in hours) hours
In-class evaluations ...... 40,000 1 40,000 .05 2,000 Mail/Telephone/Online Surveys ...... 12,000 1 12,000 .25 3,000 Focus groups ...... 250 1 250 1.50 375
Total ...... 52,250 ...... 52,250 ...... 5,375
Amy P. McNulty, DEPARTMENT OF HEALTH AND Long Term Care.’’ The meeting is open Acting Director, Division of the Executive HUMAN SERVICES to the public. Secretariat. DATES: The meeting will be held on May [FR Doc. 2018–08949 Filed 4–26–18; 8:45 am] National Institutes of Health 29, 2018; from 8:30 a.m. to 4:30 p.m. BILLING CODE 4165–15–P Individuals wanting to present oral Notice of Diabetes Mellitus Interagency comments must notify the contact Coordinating Committee Meeting person at least 10 days before the meeting date. SUMMARY: The Diabetes Mellitus Interagency Coordinating Committee ADDRESSES: The meeting will be held in (DMICC) will hold a meeting on May 29, NIH campus, Building 45 (Natcher 2018. The subject of the meeting will be Building), Conference Room D, Bethesda, Maryland. ‘‘DMICC meeting: Fostering Research on Older Adults with Diabetes Receiving FOR FURTHER INFORMATION CONTACT: For further information concerning this
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meeting, see the DMICC website, Dated: April 18, 2018. agency’s estimate of the burden of the www.diabetescommittee.gov, or contact Bruce T. Roberts, proposed collection of information, Dr. B. Tibor Roberts, Executive Executive Secretary, DMICC, Office of including the validity of the Secretary of the Diabetes Mellitus Scientific Program and Policy Analysis, methodology and assumptions used; (3) Interagency Coordinating Committee, National Institute of Diabetes and Digestive Ways to enhance the quality, utility, and National Institute of Diabetes and and Kidney Diseases, National Institutes of clarity of the information to be Health. Digestive and Kidney Diseases, 31 collected; and (4) Ways to minimizes Center Drive, Building 31A, Room [FR Doc. 2018–08900 Filed 4–26–18; 8:45 am] the burden of the collection of 9A19, MSC 2560, Bethesda, MD 20892– BILLING CODE 4140–01–P information on those who are to 2560, telephone: 301–496–6623; FAX: respond, including the use of appropriate automated, electronic, 301–480–6741; email: dmicc@ DEPARTMENT OF HEALTH AND mail.nih.gov. mechanical, or other technological HUMAN SERVICES collection techniques or other forms of SUPPLEMENTARY INFORMATION: information technology. The National Institutes of Health DMICC, chaired by the National Proposed Collection Title: Data and Specimen Hub (DASH)–0925–0744 Institute of Diabetes and Digestive and Proposed Collection; 60-Day Comment expiration date 06/30/2019, REVISION, Kidney Diseases (NIDDK) comprising Request Data and Specimen Hub Eunice Kennedy Shriver National members of the Department of Health (DASH) (Eunice Kennedy Shriver Institute of Child Health and Human and Human Services and other federal National Institute of Child Health and Development (NICHD), National agencies that support diabetes-related Human Development) Institutes of Health (NIH). activities, facilitates cooperation, AGENCY: communication, and collaboration on National Institutes of Health, Need and Use of Information Collection HHS. diabetes among government entities. This is a request to revise the ACTION: Notice. DMICC meetings, held several times a previously approved submission to add year, provide an opportunity for SUMMARY: In compliance with the the collection of additional information Committee members to learn about and requirement of the Paperwork from Users who will request discuss current and future diabetes Reduction Act of 1995 to provide biospecimens, submit the Institutional programs in DMICC member opportunity for public comment on Certification for data/biospecimen organizations and to identify proposed data collection projects, the inventory, and submit DASH data/ opportunities for collaboration. The National Institutes of Health will biospecimen Annual Progress Report for May 29, 2018 DMICC meeting will focus publish periodic summaries of proposed the NICHD Data and Specimen Hub on fostering research on older adults projects to be submitted to the Office of (DASH). DASH has been established by with diabetes receiving long term care. Management and Budget (OMB) for NICHD as a data sharing mechanism for biomedical research investigators. It Any member of the public interested review and approval. DATES: Comments regarding this serves as a centralized resource for in presenting oral comments to the investigators to store and access de- Committee should notify the contact information collection are best assured of having their full effect if received identified study data and biospecimen person listed on this notice at least 10 inventories—a list of biospecimens days in advance of the meeting. within 60 days of the date of this publication. available at the NICHD Biorepository— Interested individuals and from studies funded by NICHD. The representatives or organizations should FOR FURTHER INFORMATION CONTACT: To potential for public benefit to be submit a letter of intent, a brief obtain a copy of the data collection achieved through sharing study data description of the organization plans and instruments, submit and/or biospecimen inventories for represented, and a written copy of their comments in writing, or request more secondary analysis is significant. NICHD oral presentation in advance of the information on the proposed project, DASH supports NICHD’s mission to meeting. Only one representative of an contact: Rohan Hazra, M.D., Eunice ensure that every person is born healthy organization will be allowed to present; Kennedy Shriver National Institute of and wanted, that women suffer no oral comments and presentations will be Child Health and Human Development harmful effects from reproductive limited to a maximum of 5 minutes. (NICHD), National Institutes of Health, processes, and that all children have the Printed and electronic copies are 6710B Rockledge Drive, Room 2113, chance to achieve their full potential for requested for the record. In addition, Bethesda, MD 20817, or call non-toll- healthy and productive lives, free from any interested person may file written free number (301)–435–6868 or Email disease or disability, and to ensure the comments with the Committee by your request, including your address to: health, productivity, independence, and forwarding their statement to the [email protected]. Formal requests well-being of all people through optimal for additional plans and instruments contact person listed on this notice. The rehabilitation. Study data and must be requested in writing. statement should include the name, biospecimen sharing and reuse will address, telephone number and when SUPPLEMENTARY INFORMATION: Section promote testing of new hypotheses from applicable, the business or professional 3506(c)(2)(A) of the Paperwork data already collected, facilitate trans- Reduction Act of 1995 requires: written affiliation of the interested person. disciplinary collaboration, accelerate comments and/or suggestions from the Because of time constraints for the scientific findings and enable NICHD to public and affected agencies are invited meeting, oral comments will be allowed maximize the return on its investments to address one or more of the following in research. on a first-come, first-serve basis. points: (1) Whether the proposed Anyone can access NICHD DASH to Members of the public who would collection of information is necessary browse and view descriptive like to receive email notification about for the proper performance of the information about the studies and study future DMICC meetings should register function of the agency, including data archived in NICHD DASH without for the listserv available on the DMICC whether the information will have creating an account. Users who wish to website, www.diabetescommittee.gov. practical utility; (2) The accuracy of the submit or request research data and/or
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biospecimen inventories must register biospecimens among investigators is All the data collected from use of for an account. effective. The primary uses of the NICHD DASH except for information Information will be collected from information collected from Users by provided in the annual progress reports those wishing to create an account, NICHD will be to: are for the purposes of internal • Communicate with the Users with sufficient to identify them as unique administrative management of NICHD regards to their data submission, data Users. Those submitting or requesting DASH. Information gathered through requests and biospecimen requests the annual progress reports may be used data and/or biospecimen inventories • Monitor data submissions, data in publications describing performance will be required to provide additional requests and biospecimen requests supporting information to ensure proper • Notify interested recipients of updates of the DASH system. use and security of NICHD DASH study to data and biospecimen inventories OMB approval is requested for 3 data and biospecimen inventories. The stored in NICHD DASH years. There are no costs to respondents information collected is limited to the • Help NICHD understand the use of other than their time. The total essential data required to ensure the NICHD DASH study data and estimated annualized burden hours are management of Users in NICHD DASH biospecimen inventories by the 204. is efficient and the sharing of data and research community
ESTIMATED ANNUALIZED BURDEN HOURS
Average time Type of form Number of Frequency of per response Total annual respondents response (in hours) burden hour
User Registration ...... 200 1 5/60 17 Data and Biospecimen Inventory Submission ...... 36 1 2 72 Data Request ...... 60 1 1 60 Biospecimen Request ...... 36 1 1 36 Data Use Annual Progress Report ...... 60 1 10/60 10 Biospecimen Use Annual Progress Report ...... 36 1 10/60 6 Institutional Certification Template ...... 36 1 5/60 3
Total ...... 200 200 ...... 204
Dated: April 17, 2018. ADDRESSES: Written comments and/or revised, or implemented on or after Jennifer M. Guimond, suggestions regarding the item(s) October 1, 1995, unless it displays a Project Clearance Liaison, Eunice Kennedy contained in this notice, especially currently valid OMB control number. Shriver, National Institute of Child Health regarding the estimated public burden In compliance with Section and Human Development, National Institutes and associated response time, should be 3507(a)(1)(D) of the Paperwork of Health. directed to the: Office of Management Reduction Act of 1995, the National [FR Doc. 2018–08901 Filed 4–26–18; 8:45 am] and Budget, Office of Regulatory Affairs, Institutes of Health (NIH) has submitted BILLING CODE 4140–01–P [email protected] or by to the Office of Management and Budget fax to 202–395–6974, Attention: Desk (OMB) a request for review and Officer for NIH. approval of the information collection DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To listed below. HUMAN SERVICES request more information on the Proposed Collection: CTEP Branch proposed project or to obtain a copy of and Support Contracts Forms and National Institutes of Health the data collection plans and Surveys, 0925–0753 Expiration Date 06/ Submission for OMB Review; 30-Day instruments, contact: Michael Montello, 30/2020, REVISION, National Cancer Comment Request Pharm.D., Shanda Finnigan, MPH, RN, Institute (NCI), National Institutes of CCRC or Jacquelyn Goldberg, JD, Cancer Health (NIH). CTEP Branch and Support Contracts Therapy Evaluation Program, Division Need and Use of Information Forms and Surveys (National Cancer of Cancer Treatment and Diagnosis, Collection: The National Cancer Institute) 9609 Medical Center Drive, Rockville, Institute (NCI) Cancer Therapy AGENCY: National Institutes of Health, MD 20850 or call non-toll-free number Evaluation Program (CTEP) and the HHS. (240–276–6080) or email your request, Division of Cancer Prevention (DCP) ACTION: Notice. including your address to: ctsucontact@ fund an extensive national program of westat.com. cancer research, sponsoring clinical SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: This trials in cancer prevention, symptom Paperwork Reduction Act of 1995, the proposed information collection was management and treatment for qualified National Institutes of Health (NIH) has previously published in the Federal clinical investigators. As part of this submitted to the Office of Management Register on February 21, 2018, page effort, CTEP implements programs to and Budget (OMB) a request for review 7483 (83 FR 7483) and allowed 60 days register clinical site investigators and and approval of the information for public comment. No public clinical site staff, and to oversee the collection listed below. comments were received. The National conduct of research at the clinical sites. DATES: Comments regarding this Cancer Institute (NCI), National CTEP and DCP also oversee two support information collection are best assured Institutes of Health, may not conduct or programs, the NCI Central Institutional of having their full effect if received sponsor, and the respondent is not Review Board (CIRB) and the Cancer within 30-days of the date of this required to respond to, an information Trial Support Unit (CTSU). The publication. collection that has been extended, combined systems and processes for
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initiating and managing clinical trials is trials and the selection of qualified clinical sites efforts are intertwined. termed the Clinical Oncology Research investigators under 21 CRF 312.53). This revision of the previous Enterprise (CORE) and represents an Information is also collected through submission includes changes to the NCI integrated set of information systems surveys to assess satisfaction, provide CIRB and CTSU form collections and and processes which support feedback to guide improvements with integrates the Clinical Trials Monitoring investigator registration, trial oversight, processes and technology, and assess Branch (CTMB) and Pharmaceutical patient enrollment, and clinical data health professional’s interests in clinical Management Branch (PMB) form collection. The information collected is trials. collections related to site audit and To increase efficiencies, reduce required to ensure compliance with clinical investigator and key clinical site administrative burden and cost, CTEP applicable federal regulations governing staff registration. has requested consolidation of their the conduct of human subjects research current OMB submission. Consolidation OMB approval is requested for 3 (45 CFR 46 and 21 CRF 50), and when is justified because although the various years. There are no costs to respondents CTEP acts as the Investigational New branches and contracts are responsible other than their time. The total Drug (IND) holder, FDA regulations for distinct services, the processes that estimated annualized burden hours are pertaining to the sponsor of clinical support the NCI and participating 112,798.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Total Number of Number of burden per annual Form name Type of respondent respondents responses per response burden respondent (in hours) hours
CTSU IRB/Regulatory Approval Transmittal Health Care Practitioner .... 2,444 12 2/60 978 Form (Attachment A01). CTSU IRB Certification Form (Attachment Health Care Practitioner .... 2,444 12 10/60 4,888 A02). Withdrawal from Protocol Participation Form Health Care Practitioner .... 279 1 10/60 47 (Attachment A03). Site Addition Form (Attachment A04) ...... Health Care Practitioner .... 80 12 10/60 160 CTSU Roster Update Form (Attachment A05) Health Care Practitioner .... 600 1 5/60 50 CTSU Request for Clinical Brochure (Attach- Health Care Practitioner .... 360 1 10/60 60 ment A06). CTSU Supply Request Form (Attachment Health Care Practitioner .... 90 12 10/60 180 A07). Site Initiated Data Update Form (Attachment Health Care Practitioner .... 2 12 10/60 4 A08). Data Clarification Form (Attachment A09) ...... Health Care Practitioner .... 150 24 10/60 600 RTOG 0834 CTSU Data Transmittal Form Health Care Practitioner .... 12 76 10/60 152 (Attachment A10). CTSU Generic Data Transmittal Form (At- Health Care Practitioner .... 5 12 10/60 10 tachment A12). CTSU Patient Enrollment Transmittal Form Health Care Practitioner .... 12 12 10/60 24 (Attachment A15). CTSU Transfer Form (Attachment A16) ...... Health Care Practitioner .... 360 2 10/60 120 CTSU System Access Request Form (Attach- Health Care Practitioner .... 180 1 20/60 60 ment A17). CTSU OPEN Rave Request Form (Attach- Health Care Practitioner .... 30 21 10/60 105 ment A18). CTSU LPO Form Creation (Attachment A19) Health Care Practitioner .... 5 2 120/60 20 CTSU Site Form Creation and PDF (Attach- Health Care Practitioner .... 400 10 30/60 2,000 ment A20). CTSU PDF Signature Form (Attachment A21) Health Care Practitioner .... 400 10 10/60 667 NCI CIRB AA & DOR between the NCI CIRB Participants ...... 50 1 15/60 13 and Signatory Institution (Attachment B01). NCI CIRB Signatory Enrollment Form (Attach- Participants ...... 50 1 15/60 13 ment B02). CIRB Board Member Application (Attachment Board Member ...... 100 1 30/60 50 B03). CIRB Member COI Screening Worksheet (At- Board Members ...... 100 1 15/60 25 tachment B08). CIRB COI Screening for CIRB meetings ...... Board Members ...... 72 1 15/60 18 (Attachment B09) ...... CIRB IR Application (Attachment B10) ...... Health Care Practitioner .... 80 1 60/60 80 CIRB IR Application for Exempt Studies (At- Health Care Practitioner .... 4 1 30/60 2 tachment B11). CIRB Amendment Review Application (At- Health Care Practitioner .... 400 1 15/60 100 tachment B12). CIRB Ancillary Studies Application ...... Health Care Practitioner .... 1 1 60/60 1 (Attachment B13) ...... CIRB Continuing Review Application ...... Health Care Practitioner .... 400 1 15/60 100 (Attachment B14) ...... Adult IR of Cooperative Group Protocol (At- Board Members ...... 65 1 180/60 195 tachment B15).
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ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Total Number of Number of burden per annual Form name Type of respondent respondents responses per response burden respondent (in hours) hours
Pediatric IR of Cooperative Group Protocol Board Members ...... 15 1 180/60 45 (Attachment B16). NCI Adult/Pediatric Continuing Review of Co- Board Members ...... 275 1 60/60 275 operative Group Protocol. (Attachment B17) ...... Adult Amendment of Cooperative Group Pro- Board Members ...... 40 1 120/60 80 tocol (Attachment B19). Pediatric Amendment of Cooperative Group Board Members ...... 25 1 120/60 50 Protocol (Attachment B20). Pharmacist’s Review of a Cooperative Group Board Members ...... 50 1 120/60 100 Study (Attachment B21). Adult Expedited Amendment Review (Attach- Board Members ...... 348 1 30/60 174 ment B23). Pediatric Expedited Amendment Review (At- Board Members ...... 140 1 30/60 70 tachment B24). Adult Expedited Continuing Review (Attach- Board Members ...... 140 1 30/60 70 ment B25). Pediatric Expedited Continuing Review (At- Board Members ...... 36 1 30/60 18 tachment B26). Adult Cooperative Group Response to CIRB Health Care Practitioner .... 30 1 60/60 30 Review (Attachment B27). Pediatric Cooperative Group Response to Health Care Practitioner .... 5 1 60/60 5 CIRB Review (Attachment B28). Adult Expedited Study Chair Response to Re- Board Members ...... 40 1 30/60 20 quired Modifications (Attachment B29). Reviewer Worksheet- Determination of UP or Board Members ...... 400 1 10/60 67 SCN (Attachment B31). Reviewer Worksheet -CIRB Statistical Re- Board Members ...... 100 1 15/60 25 viewer Form (Attachment B32). CIRB Application for Translated Documents Health Care Practitioner .... 100 1 30/60 50 (Attachment B33). Reviewer Worksheet of Translated Docu- Board Members ...... 100 1 15/60 25 ments (Attachment B34). Reviewer Worksheet of Recruitment Material Board Members ...... 20 1 15/60 5 (Attachment B35). Reviewer Worksheet Expedited Study Closure Board Members ...... 20 1 15/60 5 Review (Attachment B36). Reviewer Worksheet of Expedited IR (Attach- Board Members ...... 5 1 30/60 3 ment B38). Annual Signatory Institution Worksheet About Health Care Practitioner .... 400 1 40/60 267 Local Context (Attachment B40). Annual Principal Investigator Worksheet Health Care Practitioner .... 1,800 1 20/60 600 About Local Context (Attachment B41). Study-Specific Worksheet About Local Con- Health Care Practitioner .... 4,800 1 20/60 1,600 text (Attachment B42). Study Closure or Transfer of Study Review Health Care Practitioner .... 1,680 1 20/60 560 Responsibility (Attachment B43). Unanticipated Problem or Serious or Con- Health Care Practitioner .... 360 1 20/60 120 tinuing Noncompliance Reporting Form (At- tachment (B44). Change of Signatory Institution PI Form (At- Health Care Practitioner .... 120 1 20/60 40 tachment B45). Request Waiver of Assent Form (Attachment ...... 60 1 20/60 20 B46). CTSU OPEN Survey (Attachment C03) ...... Health Care Practitioner .... 60 1 15/60 15 CIRB Customer Satisfaction Survey (Attach- Participants ...... 600 1 15/60 150 ment C04). Follow-up Survey (Communication Audit) (At- Participants/Board Mem- 300 1 15/60 75 tachment C05). bers. CIRB Board Member Annual Assessment Board Members ...... 60 1 15/60 15 Survey (Attachment C07). PIO Customer Satisfaction Survey (Attach- Health Care Practitioner .... 60 1 5/60 5 ment C08). Concept Clinical Trial Survey (Attachment Health Care Practitioner .... 500 1 5/60 42 C09). Prospective Clinical Trial Survey (Attachment Health Care Practitioner .... 1,000 1 1/60 17 C10). Low Accrual Clinical Trial Survey (Attachment Health Care Practitioner .... 1,000 1 1/60 17 C11).
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ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Total Number of Number of burden per annual Form name Type of respondent respondents responses per response burden respondent (in hours) hours
Audit Scheduling Form (Attachment D01) ...... Group/CTMS Users ...... 152 5 21/60 266 Preliminary Audit Findings Form (Attachment Auditor ...... 152 5 10/60 127 D02). Audit Maintenance Form (Attachment D03) .... Group/CTMS Users ...... 152 5 9/60 114 Final Audit Finding Report Form (Attachment Group/CTMS Users ...... 75 11 1,098/60 15,098 D04). Follow-up Form (Attachment D05) ...... Group/CTMS Users ...... 75 7 27/60 236 Roster Maintenance Form (Attachment D06) CTMS Users ...... 5 1 18/60 2 Final Report and CAPA Request Form (At- CTMS Users ...... 12 9 1,800/60 3240 tachment D07). NCI/DCTD/CTEP FDA Form 1572 for Annual Physician ...... 23,000 1 15/60 5,750 Submission (Attachment E01). NCI/DCTD/CTE Biosketch (Attachment E02) Physician; Health Care 33,000 1 120/60 66,000 Practitioner. NCI/DCTD/CTEP Financial Disclosure Form Physician; Health Care 33,000 1 5/60 2,750 (Attachment E03). Practitioner. NCI/DCTD/CTEP Agent Shipment Form Physician ...... 23,000 1 10/60 3,833 (ASF) (Attachment E04).
Totals ...... 136,487 207,989 ...... 112,838
Dated: April 12, 2018. Contact Person: Malaya Chatterjee, Ph.D., Dated: April 23, 2018. Karla Bailey, Scientific Review Officer, Center for Sylvia L. Neal, Project Clearance Liaison, National Cancer Scientific Review, National Institutes of Program Analyst, Office of Federal Advisory Institute, National Institutes of Health. Health, 6701 Rockledge Drive, Room 6192, Committee Policy. MSC 7804, Bethesda, MD 20892, (301) 806– [FR Doc. 2018–08902 Filed 4–26–18; 8:45 am] 2515, [email protected]. [FR Doc. 2018–08843 Filed 4–26–18; 8:45 am] BILLING CODE 4140–01–P Name of Committee: Immunology BILLING CODE 4140–01–P Integrated Review Group; Cellular and Molecular Immunology—B Study Section. DEPARTMENT OF HEALTH AND Date: May 23–24, 2018. DEPARTMENT OF HEALTH AND HUMAN SERVICES Time: 8:30 a.m. to 5:00 p.m. HUMAN SERVICES Agenda: To review and evaluate grant National Institutes of Health applications. National Institutes of Health Place: Double Tree by Hilton Washington/ Center for Scientific Review; Notice of Silver Spring, 8727 Colesville Road, Silver Center for Scientific Review; Notice of Closed Meetings Spring, MD 20910. Closed Meeting Pursuant to section 10(d) of the Contact Person: Betty Hayden, Ph.D., Pursuant to section 10(d) of the Scientific Review Officer, Center for Federal Advisory Committee Act, as Scientific Review, National Institutes of Federal Advisory Committee Act, as amended, notice is hereby given of the Health, 6701 Rockledge Drive, Room 4206, amended, notice is hereby given of the following meetings. MSC 7812, Bethesda, MD 20892, 301–435– following meeting. The meetings will be closed to the 1223, [email protected]. The meeting will be closed to the public in accordance with the Name of Committee: Center for Scientific public in accordance with the provisions set forth in sections Review Special Emphasis Panel; provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bioengineering Sciences and Technologies: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and AREA Review. as amended. The grant applications and the discussions could disclose Date: May 24, 2018. the discussions could disclose confidential trade secrets or commercial Time: 9:00 a.m. to 6:00 p.m. confidential trade secrets or commercial property such as patentable material, Agenda: To review and evaluate grant property such as patentable material, and personal information concerning applications. and personal information concerning Place: National Institutes of Health, 6701 individuals associated with the grant Rockledge Drive, Bethesda, MD 20892 individuals associated with the grant applications, the disclosure of which (Virtual Meeting). applications, the disclosure of which would constitute a clearly unwarranted Contact Person: David Filpula, Ph.D., would constitute a clearly unwarranted invasion of personal privacy. Scientific Review Officer, Center for invasion of personal privacy. Name of Committee: Center for Scientific Scientific Review, National Institutes of Name of Committee: Center for Scientific Review Special Emphasis Panel; Metabolic Health, 6701 Rockledge Drive, Room 6181, Review Special Emphasis Panel; AIDS and Reprogramming to Improve Immunotherapy. MSC 7892, Bethesda, MD 20892, 301–435– Related Research Special Topics. Date: May 22, 2018. 2902, [email protected]. Date: April 26, 2018. Time: 11:00 a.m. to 3:00 p.m. (Catalogue of Federal Domestic Assistance Time: 1:30 p.m. to 2:30 p.m. Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Agenda: To review and evaluate grant applications. 93.333, Clinical Research, 93.306, 93.333, applications. Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 93.846–93.878, 93.892, 93.893, National Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Institutes of Health, HHS) (Telephone Conference Call).
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Contact Person: Robert Freund, Ph.D., Guard; telephone 206–220–7232, email DEPARTMENT OF HOMELAND Scientific Review Officer, Center for [email protected]. SECURITY Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5216, SUPPLEMENTARY INFORMATION: The Coast Guard MSC 7852, Bethesda, MD 20892, 301–435– United States is signatory to the 1050, [email protected]. International Maritime Organization’s [Docket No. USCG–2018–0365] This notice is being published less than 15 International Regulations for Preventing days prior to the meeting due to the timing Certificate of Alternative Compliance Collisions at Sea, 1972 (72 COLREGS), for the Gunderson Marine LLC Hull 117 limitations imposed by the review and as amended. The special construction or funding cycle. purpose of some vessels makes them AGENCY: Coast Guard, DHS. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; unable to comply with the light, shape, ACTION: Notification of issuance of a 93.333, Clinical Research, 93.306, 93.333, or sound signal provisions of the 72 certificate of alternative compliance. 93.337, 93.393–93.396, 93.837–93.844, COLREGS. Under statutory law 1 and 93.846–93.878, 93.892, 93.893, National Coast Guard regulation,2 the vessel’s SUMMARY: The Coast Guard announces Institutes of Health, HHS) owner, builder, operator, or agent of that the Thirteenth Coast Guard District has issued a certificate of alternative Dated: April 23, 2018. those vessels may apply for a certificate of alternative compliance (COAC).3 For compliance from the International Sylvia L. Neal, Regulations for Preventing Collisions at vessels of special construction, the Program Analyst, Office of Federal Advisory Sea, 1972 (72 COLREGS), for the cognizant Coast Guard District Office Committee Policy. Gunderson Marine LLC Hull 117. We [FR Doc. 2018–08842 Filed 4–26–18; 8:45 am] determines whether the vessel for which are issuing this notice because its BILLING CODE 4140–01–P the COAC is sought complies as closely publication is required by statute. Due as possible with the 72 COLREGS, and to the construction and placement of the decides whether to issue the COAC mooring and anchor winches and DEPARTMENT OF HOMELAND which must specify the required fittings, placement of the sidelights in SECURITY alternative installation. If the Coast this area would be a potential hazard to Guard issues a COAC, under the the crew during vessel operations and Coast Guard governing statute 4 and regulations,5 the may subject them to potential damage Coast Guard must publish notice of this during mooring. Gunderson Marine LLC [Docket No. USCG–2018–0364] action. Once issued, a COAC remains Hull 117 cannot fully comply with the Certificate of Alternative Compliance valid until information supplied in the light, shape, or sound signal provisions for the Gunderson Marine LLC Hull 116 COAC application or the COAC terms of the 72 COLREGS without interfering become inapplicable to the vessel. with the vessel’s design and AGENCY: Coast Guard, DHS. The Chief, Prevention Division, of the construction. This notification of ACTION: Notification of issuance of a Thirteenth Coast Guard District, U.S. issuance of a certificate of alternative certificate of alternative compliance. Coast Guard, certifies that the compliance promotes the Coast Guard’s marine safety mission. Gunderson Marine LLC Hull 116 is a SUMMARY: The Coast Guard announces DATES: The Certificate of Alternative that the Thirteenth Coast Guard District vessel of special construction or purpose, and that, with respect to the Compliance was issued on April 20, has issued a certificate of alternative 2018. compliance from the International position of the sidelights, it is not Regulations for Preventing Collisions at possible to comply fully with the FOR FURTHER INFORMATION CONTACT: For Sea, 1972 (72 COLREGS), for the requirements of the provisions information or questions about this Gunderson Marine LLC Hull 116. We enumerated in the 72 COLREGS, notice call or email LT Bert Luke are issuing this notice because its without interfering with the normal Woods, Thirteenth District, U.S. Coast publication is required by statute. Due operation, construction, or design of the Guard; telephone 206–220–7232, email to the construction and placement of the vessel. The Chief, Prevention Division [email protected]@uscg.mil. mooring and anchor winches and further finds and certifies that the SUPPLEMENTARY INFORMATION: The fittings, placement of the sidelights in sidelights, are in the closest possible United States is signatory to the this area would be a potential hazard to compliance with the applicable International Maritime Organization’s the crew during vessel operations and provisions of the 72 COLREGS.6 International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), may subject them to potential damage This notice is issued under authority as amended. The special construction or during mooring. Gunderson Marine LLC of 33 U.S.C. 1605(c) and 33 CFR 81.18. Hull 116 cannot fully comply with the purpose of some vessels makes them light, shape, or sound signal provisions Dated: April 20, 2018. unable to comply with the light, shape, of the 72 COLREGS without interfering B.S. Gilda, or sound signal provisions of the 72 1 with the vessel’s design and Captain, U.S. Coast Guard, Chief, Prevention COLREGS. Under statutory law and 2 construction. This notification of Division, Thirteenth Coast Guard District. Coast Guard regulation, the vessel’s issuance of a certificate of alternative [FR Doc. 2018–08905 Filed 4–26–18; 8:45 am] owner, builder, operator, or agent of those vessels may apply for a certificate compliance promotes the Coast Guard’s BILLING CODE 9110–04–P marine safety mission. of alternative compliance (COAC).3 For DATES: The Certificate of Alternative vessels of special construction, the Compliance was issued on April 20, cognizant Coast Guard District Office 1 33 U.S.C. 1605(c). 2018. determines whether the vessel for which 2 33 CFR 81.3. the COAC is sought complies as closely FOR FURTHER INFORMATION CONTACT: For 3 33 CFR 81.5. information or questions about this 4 33 U.S.C. 1605(c). 1 33 U.S.C. 1605(c). notice call or email LT Bert Luke 5 33 CFR 81.18. 2 33 CFR 81.3. Woods, Thirteenth District, U.S. Coast 6 33 U.S.C. 1605(a); 33 CFR 81.9. 3 33 CFR 81.5.
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as possible with the 72 COLREGS, and Comments are encouraged and will be collection techniques or other forms of decides whether to issue the COAC accepted (no later than June 26, 2018) to information technology, e.g., permitting which must specify the required be assured of consideration. electronic submission of responses. The alternative installation. If the Coast ADDRESSES: Written comments and/or comments that are submitted will be Guard issues a COAC, under the suggestions regarding the item(s) summarized and included in the request governing statute4 and regulations,5 the contained in this notice must include for approval. All comments will become Coast Guard must publish notice of this the OMB Control Number 1651–0117 in a matter of public record. action. Once issued, a COAC remains the subject line and the agency name. Overview of This Information valid until information supplied in the To avoid duplicate submissions, please Collection COAC application or the COAC terms use only one of the following methods become inapplicable to the vessel. to submit comments: Title: Free Trade agreements. The Chief, Prevention Division, of the (1) Email. Submit comments to: CBP_ OMB Number: 1651–0117. Thirteenth Coast Guard District, U.S. [email protected]. Form Number: None. Coast Guard, certifies that the (2) Mail. Submit written comments to Type of Review: Extension (without Gunderson Marine LLC Hull 117 is a CBP Paperwork Reduction Act Officer, change). vessel of special construction or U.S. Customs and Border Protection, Current Actions: CBP proposes to purpose, and that, with respect to the Office of Trade, Regulations and extend the expiration date of this position of the sidelights, it is not Rulings, Economic Impact Analysis information collection with no change possible to comply fully with the Branch, 90 K Street NE, 10th Floor, to the burden hours or to the requirements of the provisions Washington, DC 20229–1177. information collected. enumerated in the 72 COLREGS, FOR FURTHER INFORMATION CONTACT: Affected Public: Businesses. without interfering with the normal Requests for additional PRA information Abstract: Free trade agreements are operation, construction, or design of the should be directed to Seth Renkema, established to reduce and eliminate vessel. The Chief, Prevention Division Chief, Economic Impact Analysis trade barriers, strengthen and develop further finds and certifies that the Branch, U.S. Customs and Border economic relations, and to lay the sidelights, are in the closest possible Protection, Office of Trade, Regulations foundation for further cooperation to compliance with the applicable and Rulings, 90 K Street NE, 10th Floor, expand and enhance benefits of the provisions of the 72 COLREGS.6 Washington, DC 20229–1177, agreement. These agreements establish This notice is issued under authority Telephone number (202) 325–0056 or free trade by reduced-duty treatment on of 33 U.S.C. 1605(c) and 33 CFR 81.18. via email [email protected]. Please imported goods. Dated: April 20, 2018. note that the contact information The U.S. has entered into the B.S. Gilda, provided here is solely for questions following Free Trade Agreements: Captain, U.S. Coast Guard, Chief, Prevention regarding this notice. Individuals United States-Chile Free Trade Division, Thirteenth Coast Guard District. seeking information about other CBP Agreement (US–CFTA) (Pub. L. 108–77); [FR Doc. 2018–08904 Filed 4–26–18; 8:45 am] programs should contact the CBP the Republic of Singapore (Pub. L. 108– BILLING CODE 9110–04–P National Customer Service Center at 78, 117 Stat. 948, 19 U.S.C. 3805 note); 877–227–5511, (TTY) 1–800–877–8339, Australia (Pub. L. 108–286); Morocco or CBP website at https://www.cbp.gov/ (Pub. L. 108–302); Jordan (Pub. L. 107– DEPARTMENT OF HOMELAND . 43); Bahrain (Pub. L. 109–169); Oman SECURITY SUPPLEMENTARY INFORMATION: CBP (Pub. L. 109–283); Peru (Pub. L. 110– invites the general public and other 138, 121 Stat. 1455); Korea (Pub. L. 112– U.S. Customs and Border Protection Federal agencies to comment on the 41); Colombia (Pub. L. 112–42, 125 Stat. [1651–0117] proposed and/or continuing information 462); Panama (Pub. L. 112–43); and collections pursuant to the Paperwork Costa Rica, the Dominican Republic, El Agency Information Collection Reduction Act of 1995 (44 U.S.C. 3501 Salvador, Guatemala, Honduras, and Activities: Free Trade Agreements et seq.). This process is conducted in Nicaragua (CAFTA–DR) (Pub. L. 109– accordance with 5 CFR 1320.8. Written 53, 119 Stat. 462). AGENCY: U.S. Customs and Border comments and suggestions from the These free trade agreements involve Protection (CBP), Department of public and affected agencies should collection of data elements such as Homeland Security. address one or more of the following information about the importer and ACTION: 60-Day notice and request for four points: (1) Whether the proposed exporter of the goods, a description of comments; extension of an existing collection of information is necessary the goods, tariff classification number, collection of information. for the proper performance of the and the preference criterion in the Rules SUMMARY: The Department of Homeland functions of the agency, including of Origin. Security, U.S. Customs and Border whether the information will have Respondents can obtain information Protection will be submitting the practical utility; (2) the accuracy of the on how to make claims under these Free following information collection request agency’s estimate of the burden of the Trade Agreements by going to http:// to the Office of Management and Budget proposed collection of information, www.cbp.gov/trade/free-trade- (OMB) for review and approval in including the validity of the agreements and use a standard fillable accordance with the Paperwork methodology and assumptions used; (3) format for the FTA submission by going Reduction Act of 1995 (PRA). The suggestions to enhance the quality, to http://www.cbp.gov/document/ information collection is published in utility, and clarity of the information to guides/certification-origin-template. the Federal Register to obtain comments be collected; and (4) suggestions to Estimated Number of Respondents: from the public and affected agencies. minimize the burden of the collection of 359,400. information on those who are to Estimated Number of Total Annual 4 33 U.S.C. 1605(c). respond, including through the use of Responses: 361,000. 5 33 CFR 81.18. appropriate automated, electronic, Estimated Time per Response: 2 6 33 U.S.C. 1605(a); 33 CFR 81.9. mechanical, or other technological hours.
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Estimated Total Annual Burden provided here is solely for questions authorized by General Note 3(a)(iv) of Hours: 722,000. regarding this notice. Individuals the Harmonized Tariff Schedule of the Dated: April 24, 2018. seeking information about other CBP United States (19 U.S.C. 1202) and is programs should contact the CBP provided for by 19 CFR part 7.3. CBP Seth D Renkema, National Customer Service Center at Form 3229 is accessible at http:// Branch Chief, Economic Impact Analysis 877–227–5511, (TTY) 1–800–877–8339, forms.cbp.gov/pdf/CBP_Form_3229.pdf. Branch, U.S. Customs and Border Protection. or CBP website at https://www.cbp.gov/ Affected Public: Businesses. [FR Doc. 2018–08878 Filed 4–26–18; 8:45 am] . Estimated Number of Respondents: BILLING CODE 9111–14–P SUPPLEMENTARY INFORMATION: CBP 113. invites the general public and other Estimated Number of Annual Federal agencies to comment on the Responses per Respondent: 20. DEPARTMENT OF HOMELAND Estimated Number of Total Annual SECURITY proposed and/or continuing information collections pursuant to the Paperwork Responses: 2,260. Estimated Time per Response: 20 Reduction Act of 1995 (44 U.S.C. 3501 U.S. Customs and Border Protection minutes. et seq.). This process is conducted in Estimated Annual Burden Hours: 746. [1651–0016] accordance with 5 CFR 1320.8. Written comments and suggestions from the Dated: April 24, 2018. Agency Information Collection public and affected agencies should Seth D. Renkema, Activities: Certificate of Origin address one or more of the following Branch Chief, Economic Impact Analysis AGENCY: U.S. Customs and Border four points: (1) Whether the proposed Branch, U.S. Customs and Border Protection. Protection (CBP), Department of collection of information is necessary [FR Doc. 2018–08879 Filed 4–26–18; 8:45 am] Homeland Security. for the proper performance of the BILLING CODE 9111–14–P ACTION: 60-Day notice and request for functions of the agency, including comments; extension of an existing whether the information will have DEPARTMENT OF HOMELAND collection of information. practical utility; (2) the accuracy of the agency’s estimate of the burden of the SECURITY SUMMARY: The Department of Homeland proposed collection of information, Security, U.S. Customs and Border including the validity of the U.S. Citizenship and Immigration Protection will be submitting the methodology and assumptions used; (3) Services following information collection request suggestions to enhance the quality, [OMB Control Number 1615–0010] to the Office of Management and Budget utility, and clarity of the information to (OMB) for review and approval in be collected; and (4) suggestions to Agency Information Collection accordance with the Paperwork minimize the burden of the collection of Activities; Revision of a Currently Reduction Act of 1995 (PRA). The information on those who are to Approved Collection: Nonimmigrant information collection is published in respond, including through the use of Petition Based on Blanket L Petition appropriate automated, electronic, the Federal Register to obtain comments AGENCY: U.S. Citizenship and from the public and affected agencies. mechanical, or other technological Immigration Services, Department of Comments are encouraged and will be collection techniques or other forms of Homeland Security. accepted (no later than June 26, 2018) to information technology, e.g., permitting ACTION: 30-Day notice. be assured of consideration. electronic submission of responses. The ADDRESSES: Written comments and/or comments that are submitted will be SUMMARY: The Department of Homeland suggestions regarding the item(s) summarized and included in the request Security (DHS), U.S. Citizenship and contained in this notice must include for approval. All comments will become Immigration Services (USCIS) will be the OMB Control Number 1651–0016 in a matter of public record. submitting the following information the subject line and the agency name. Overview of This Information collection request to the Office of To avoid duplicate submissions, please Collection Management and Budget (OMB) for use only one of the following methods review and clearance in accordance Title: Certificate of Origin. to submit comments: with the Paperwork Reduction Act of _ OMB Number: 1651–0016. 1995. The purpose of this notice is to (1) Email. Submit comments to: CBP Form Number: CBP Form 3229. [email protected]. Action: CBP proposes to extend the allow an additional 30 days for public (2) Mail. Submit written comments to expiration date of this information comments. CBP Paperwork Reduction Act Officer, collection with no change to the burden DATES: The purpose of this notice is to U.S. Customs and Border Protection, hours or to the information collected. allow an additional 30 days for public Office of Trade, Regulations and Type of Review: Extension (without comments. Comments are encouraged Rulings, Economic Impact Analysis change). and will be accepted until May 29, Branch, 90 K Street NE, 10th Floor, Abstract: CBP Form 3229, Certificate 2018. This process is conducted in Washington, DC 20229–1177. of Origin, is used by shippers and accordance with 5 CFR 1320.10. FOR FURTHER INFORMATION CONTACT: importers to declare that goods being ADDRESSES: Written comments and/or Requests for additional PRA information imported into the United States are suggestions regarding the item(s) should be directed to Seth Renkema, produced or manufactured in a U.S. contained in this notice, especially Chief, Economic Impact Analysis insular possession from materials regarding the estimated public burden Branch, U.S. Customs and Border grown, produced or manufactured in and associated response time, must be Protection, Office of Trade, Regulations such possession. This form includes a directed to the OMB USCIS Desk Officer and Rulings, 90 K Street NE, 10th Floor, list of the foreign materials included in via email at dhsdeskofficer@ Washington, DC 20229–1177, the goods, and their description and omb.eop.gov. All submissions received Telephone number (202) 325–0056 or value. CBP Form 3229 is used as must include the agency name and the via email [email protected]. Please documentation for goods entitled to OMB Control Number 1615–0010 in the note that the contact information enter the U.S. free of duty. This form is subject line.
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You may wish to consider limiting the Overview of This Information DEPARTMENT OF HOMELAND amount of personal information that you Collection SECURITY provide in any voluntary submission you make. For additional information (1) Type of Information Collection U.S. Citizenship and Immigration please read the Privacy Act notice that Request: Revision of a Currently Services Approved Collection. is available via the link in the footer of [OMB Control Number 1615–0133] http://www.regulations.gov. (2) Title of the Form/Collection: FOR FURTHER INFORMATION CONTACT: Nonimmigrant Petition Based on Agency Information Collection USCIS, Office of Policy and Strategy, Blanket L Petition. Activities; Extension, Without Change, Regulatory Coordination Division, of a Currently Approved Collection; (3) Agency form number, if any, and Samantha Deshommes, Chief, 20 Request for Reduced Fee Massachusetts Avenue NW, the applicable component of the DHS Washington, DC 20529–2140, sponsoring the collection: I–129S; AGENCY: U.S. Citizenship and Telephone number (202) 272–8377 USCIS. Immigration Services, Department of (This is not a toll-free number; (4) Affected public who will be asked Homeland Security. comments are not accepted via or required to respond, as well as a brief ACTION: 60-Day Notice. telephone message.). Please note contact abstract: Primary: Business or other for- SUMMARY: The Department of Homeland information provided here is solely for profit. Employers seeking to classify Security (DHS), U.S. Citizenship and questions regarding this notice. It is not employees outside the United States as for individual case status inquiries. Immigration (USCIS) invites the general executives, managers, or specialized public and other Federal agencies to Applicants seeking information about knowledge professionals, as the status of their individual cases can comment upon this proposed extension nonimmigrant intra-company of a currently approved collection of check Case Status Online, available at transferees pursuant to a previously the USCIS website at http:// information. In accordance with the approved blanket petition under www.uscis.gov, or call the USCIS Paperwork Reduction Act (PRA) of sections 214(c)(2) and 101(a)(15)(L) of National Customer Service Center at 1995, the information collection notice (800) 375–5283; TTY (800) 767–1833. the Act, may file this form. USCIS uses is published in the Federal Register to the information provided through this SUPPLEMENTARY INFORMATION: obtain comments regarding the nature of Comments: form to assess whether the employee the information collection, the The information collection notice was meets the requirements for L–1 categories of respondents, the estimated previously published in the Federal classification under blanket L petition burden (i.e. the time, effort, and Register on January 31, 2018, at 83 FR approval. Submitting this information to resources used by the respondents to 4502, allowing for a 60-day public USCIS is voluntary. USCIS may provide respond), the estimated cost to the comment period. USCIS did receive one the information provided through this respondent, and the actual information comment in connection with the 60-day form to other Federal, State, local, and collection instruments. notice. foreign government agencies and DATES: Comments are encouraged and You may access the information authorized organizations, and may also will be accepted for 60 days until June collection instrument with instructions, be made available, as appropriate, for 26, 2018. or additional information by visiting the law enforcement purposes or in the ADDRESSES: All submissions received Federal eRulemaking Portal site at: interest of national security. must include the OMB Control Number http://www.regulations.gov and enter (5) An estimate of the total number of 1615–0133 in the body of the letter, the USCIS–2006–0050 in the search box. agency name and Docket ID USCIS– Written comments and suggestions from respondents and the amount of time estimated for an average respondent to 2018–0002. To avoid duplicate the public and affected agencies should submissions, please use only one of the address one or more of the following respond: The estimated total number of respondents for the information following methods to submit comments: four points: (1) Online. Submit comments via the (1) Evaluate whether the proposed collection I–129S is 75,000 and the Federal eRulemaking Portal website at collection of information is necessary estimated hour burden per response is http://www.regulations.gov under for the proper performance of the 3 hours. e-Docket ID number USCIS–2018–0002; functions of the agency, including (6) An estimate of the total public (2) Mail. Submit written comments to whether the information will have burden (in hours) associated with the DHS, USCIS, Office of Policy and practical utility; collection: The total estimated annual (2) Evaluate the accuracy of the Strategy, Chief, Regulatory Coordination hour burden associated with this agency’s estimate of the burden of the Division, 20 Massachusetts Avenue NW, proposed collection of information, collection is 225,000 hours. Washington, DC 20529–2140. including the validity of the (7) An estimate of the total public FOR FURTHER INFORMATION CONTACT: methodology and assumptions used; burden (in cost) associated with the USCIS, Office of Policy and Strategy, (3) Enhance the quality, utility, and collection: The estimated total annual Regulatory Coordination Division, clarity of the information to be cost burden associated with this Samantha Deshommes, Chief, 20 collected; and collection of information is $36,750,000. Massachusetts Avenue NW, (4) Minimize the burden of the Washington, DC 20529–2140, telephone collection of information on those who Dated: April 23, 2018. number 202–272–8377 (This is not a are to respond, including through the Samantha Deshommes, toll-free number. Comments are not use of appropriate automated, Chief, Regulatory Coordination Division, accepted via telephone message). Please electronic, mechanical, or other Office of Policy and Strategy, U.S. Citizenship note contact information provided here technological collection techniques or and Immigration Services, Department of is solely for questions regarding this other forms of information technology, Homeland Security. notice. It is not for individual case e.g., permitting electronic submission of [FR Doc. 2018–08874 Filed 4–26–18; 8:45 am] status inquiries. Applicants seeking responses. BILLING CODE 9111–97–P information about the status of their
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individual cases can check Case Status (3) Agency form number, if any, and Colette Pollard, Reports Management Online, available at the USCIS website the applicable component of the DHS Officer, QDAM, Department of Housing at http://www.uscis.gov, or call the sponsoring the collection: I–942; USCIS. and Urban Development, 451 7th Street USCIS National Customer Service (4) Affected public who will be asked SW, Room 4176, Washington, DC Center at 800–375–5283 (TTY 800–767– or required to respond, as well as a brief 20410–5000; telephone 202–402–3400 1833). abstract: Primary: Individuals or (this is not a toll-free number) or email SUPPLEMENTARY INFORMATION: households. USCIS uses the data at [email protected] for a copy of Comments: collected on this form to verify that the the proposed forms or other available You may access the information applicant is eligible for a reduced fee for information. Persons with hearing or collection instrument with instructions, the immigration benefit being requested. speech impairments may access this or additional information by visiting the (5) An estimate of the total number of number through TTY by calling the toll- Federal eRulemaking Portal site at: respondents and the amount of time free Federal Relay Service at (800) 877– http://www.regulations.gov and enter estimated for an average respondent to 8339. USCIS–2018–0002 in the search box. respond: The estimated total number of FOR FURTHER INFORMATION CONTACT: Regardless of the method used for respondents for the information Karen DeBlasio, Director, Program submitting comments or material, all collection I–942 is 4,491 and the Coordination and Analysis Division, submissions will be posted, without estimated hour burden per response is CPD, Department of Housing and Urban change, to the Federal eRulemaking 0.75 hour. Development, 451 7th Street SW, Portal at http://www.regulations.gov, (6) An estimate of the total public Washington, DC 20410; email Karen and will include any personal burden (in hours) associated with the DeBlasio at [email protected] information you provide. Therefore, collection: The total estimated annual or telephone 202–402–4773. This is not submitting this information makes it hour burden associated with this a toll-free number. Persons with hearing public. You may wish to consider collection is 3,368 hours. or speech impairments may access this limiting the amount of personal (7) An estimate of the total public number through TTY by calling the toll- information that you provide in any burden (in cost) associated with the free Federal Relay Service at (800) 877– voluntary submission you make to DHS. collection: The estimated total annual 8339. DHS may withhold information cost burden associated with this Copies of available documents provided in comments from public collection of information is $19,087. submitted to OMB may be obtained from Ms. DeBlasio. viewing that it determines may impact Dated: April 23, 2018. the privacy of an individual or is SUPPLEMENTARY INFORMATION: This Samantha Deshommes, offensive. For additional information, notice informs the public that HUD is please read the Privacy Act notice that Chief, Regulatory Coordination Division, seeking approval from OMB for the Office of Policy and Strategy, U.S. Citizenship information collection described in is available via the link in the footer of and Immigration Services, Department of http://www.regulations.gov. Homeland Security. Section A. Written comments and suggestions [FR Doc. 2018–08872 Filed 4–26–18; 8:45 am] A. Overview of Information Collection from the public and affected agencies should address one or more of the BILLING CODE 9111–97–P Title of Information Collection: following four points: Human Trafficking Housing (1) Evaluate whether the proposed Partnership. collection of information is necessary DEPARTMENT OF HOUSING AND OMB Approval Number: 2506—new. for the proper performance of the URBAN DEVELOPMENT Type of Request: New. Form Number: SF 424, HUD SF 424 functions of the agency, including [Docket No. FR–7002–N–07] whether the information will have SUPP (if applicable), HUD–2993 (if applicable), HUD–96011 (if applicable), practical utility; 60-Day Notice of Proposed Information HUD–2880, SF–LLL. (2) Evaluate the accuracy of the Collection: Human Trafficking Housing Description of the need for the agency’s estimate of the burden of the Partnership proposed collection of information, information and proposed use: The including the validity of the AGENCY: Office of Community Planning information to be collected will be used methodology and assumptions used; and Development, HUD. to rate applications, to determine (3) Enhance the quality, utility, and ACTION: Notice. eligibility for the Human Trafficking clarity of the information to be Housing Partnership and to establish collected; and SUMMARY: HUD is seeking approval from grant amounts. Applicants, which must (4) Minimize the burden of the the Office of Management and Budget be state or local governments, nonprofit collection of information on those who (OMB) for the information collection organizations, or a Federally recognized are to respond, including through the described below. In accordance with the Indian Tribe or Tribally Designated use of appropriate automated, Paperwork Reduction Act, HUD is Housing Entity (TDHE), will respond to electronic, mechanical, or other requesting comment from all interested narrative prompts to demonstrate their technological collection techniques or parties on the proposed collection of experience and expertise in providing other forms of information technology, information. The purpose of this notice housing and services to victims of e.g., permitting electronic submission of is to allow for 60 days of public human trafficking and to describe their responses. comment. intended program design, that will address the needs for housing and DATES: Comments Due Date: June 26, Overview of This Information services that will result in permanent 2018. Collection housing placement and sufficient (1) Type of Information Collection: ADDRESSES: Interested persons are income to ensure permanent housing is Extension, Without Change, of a invited to submit comments regarding maintained once assistance Currently Approved Collection. this proposal. Comments should refer to discontinues. (2) Title of the Form/Collection: the proposal by name and/or OMB Respondents (i.e. affected public): Request for Reduced Fee. Control Number and should be sent to: State and local governments, nonprofit
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organizations, and Tribal Indian DATES: Comments Due Date: June 26, includes Alaska Native communities, entities. 2018. and tribally authorized tribal Estimated Number of Respondents: ADDRESSES: Interested persons are organizations. Eligible categories of 20. invited to submit comments regarding funding include housing rehabilitation, Estimated Number of Responses: 20. land acquisition to support new Frequency of Response: 1. this proposal. Comments should refer to the proposal by name and/or OMB housing, homeownership assistance, Average Hours per Response: 14.5. public facilities and improvements, Total Estimated Burdens: 290. Control Number and should be sent to: Colette Pollard, Reports Management economic development, and B. Solicitation of Public Comment Officer, QDAM, Department of Housing microenterprise programs. For a complete description of eligible This notice is soliciting comments and Urban Development, 451 7th Street activities, please refer to 24 CFR 1003, from members of the public and affected SW, Room 4176, Washington, DC 20410–5000; telephone 202–402–3400 subpart C. parties concerning the collection of The ICDBG program regulations are at (this is not a toll-free number) or email information described in Section A on 24 CFR part 1003. The ICDBG program at [email protected] for a copy of the following: requires eligible applicants to submit (1) Whether the proposed collection the proposed forms or other available information to enable HUD to select the of information is necessary for the information. Persons with hearing or best projects for funding during annual proper performance of the functions of speech impairments may access this competitions. Additionally, the the agency, including whether the number through TTY by calling the toll- information submitted is essential for information will have practical utility; free Federal Relay Service at (800) 877– HUD in monitoring grants to ensure that (2) The accuracy of the agency’s 8339. grantees are complying with applicable estimate of the burden of the proposed FOR FURTHER INFORMATION CONTACT: statutes and regulations and collection of information; Arlette Mussington, Office of Policy, implementing activities as approved. (3) Ways to enhance the quality, Programs and Legislative Initiatives, ICDBG applicants must submit a utility, and clarity of the information to PIH, Department of Housing and Urban complete application package which be collected; and Development, 451 7th Street SW, Room includes an Application for Federal (4) Ways to minimize the burden of 3178, Washington, DC 20410; telephone Assistance (SF–424), Applicant/ the collection of information on those 202–402–4109, (this is not a toll-free Recipient Disclosure/Update Report who are to respond; including through number). Persons with hearing or (HUD–2880), Cost Summary (HUD– the use of appropriate automated speech impairments may access this 4123), and Implementation Schedule collection techniques or other forms of number via TTY by calling the Federal (HUD–4125). If the applicant has a information technology, e.g., permitting Information Relay Service at (800) 877– waiver of the electronic submission electronic submission of responses. 8339. Copies of available documents requirement and is submitting a paper HUD encourages interested parties to submitted to OMB may be obtained application, an Acknowledgement of submit comment in response to these from Ms. Mussington. Application Receipt (HUD–2993) must questions. SUPPLEMENTARY INFORMATION: This also be submitted. If the applicant is a Authority: Section 3507 of the Paperwork notice informs the public that HUD is tribal organization, a resolution from the Reduction Act of 1995, 44 U.S.C. Chapter 35. seeking approval from OMB for the tribe stating that the tribal organization Dated: April 12, 2018. information collection described in is submitting an application on behalf of Lori Michalski, Section A. the tribe must also be included in the application package. Acting General Deputy Assistant Secretary A. Overview of Information Collection for Community Planning and Development. ICDBG recipients are required to [FR Doc. 2018–08976 Filed 4–26–18; 8:45 am] Title of Information Collection: Indian submit a quarterly Federal Financial Report (SF–425) that describes the use BILLING CODE 4210–67–P Community Development Block Grant Information Collection. of grant funds drawn from the OMB Approval Number: 2577–0191. recipient’s line of credit. The reports are DEPARTMENT OF HOUSING AND Type of Request: Extension of used to monitor cash transfers to the URBAN DEVELOPMENT currently approved collection. recipients and obtain expenditure data Form Number: HUD–4123, HUD– from the recipients. (24 CFR [Docket No. FR–7006–N–06] 4125. 1003.501(16)) Description of the need for the The regulations at 24 CFR part 200 60-Day Notice of Proposed Information information and proposed use: Title I of require that grantees and sub-grantees Collection: Indian Community the Housing and Community take all necessary affirmative steps to Development Block Grant Development Act of 1974 authorizes assure that minority firms, women’s AGENCY: Office of the Assistant Indian Community Development Block business enterprises, and labor surplus Secretary for Public and Indian Grants (ICDBG) and requires that grants area firms are used when possible. Housing, HUD. be awarded annually on a competitive Consistent with these regulations, 24 ACTION: Notice. basis. The purpose of the ICDBG CFR 1003.506(b) requires that ICDBG program is to develop viable Indian and grantees report on these activities on an SUMMARY: HUD is seeking approval from Alaska Native communities by creating annual basis, with Contract and the Office of Management and Budget decent housing, suitable living Subcontract Activity Report being due (OMB) for the information collection environments, and economic to HUD on October 10 of each year described below. In accordance with the opportunities primarily for low- and (HUD–2516). Paperwork Reduction Act, HUD is moderate-income persons. Consistent The regulations at 24 CFR 1003.506 requesting comment from all interested with this objective, not less than 70 instruct recipients to submit to HUD an parties on the proposed collection of percent of the expenditures are to Annual Status and Evaluation Report information. The purpose of this notice benefit low and moderate-income (ASER) that describes the progress made is to allow for 60 days of public persons. Eligible applicants include in completing approved activities with comment. Federally-recognized tribes, which a listing of work to be completed; a
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breakdown of funds expended; and community development needs. The Respondents: Federally recognized when the project is completed, a ASER is due by November 15 each year Native American Tribes, Alaska Native program evaluation expressing the and at grant closeout. communities and corporations, and effectiveness of the project in meeting The information collected will allow tribal organizations. HUD to accurately audit the program.
Burden hour Annual Hourly cost Information collection Number of Frequency of Responses per burden per Annual cost respondents response per annum response hours response
Grant Application (Includes SF–424, HUD–2880, HUD–2993, HUD– 4123, HUD–4125) ...... 240 1 240 30 7,200 $19.23 $138,461.54 Federal Financial Report (SF–425) 100 4 400 .5 200 19.23 3,846.15 Contract and Subcontract Activity Report (HUD–2516) ...... 100 1 100 1 100 19.23 1,923.08 Annual Status and Evaluation Re- port (ASER) ...... 100 1 100 4 400 19.23 7,692.31
Total ...... 840 ...... 7,900 ...... 151,923.08
B. Solicitation of Public Comment DEPARTMENT OF HOUSING AND Programs, Department of Housing and URBAN DEVELOPMENT Urban Development, 451 Seventh Street This notice is soliciting comments SW, Washington, DC 20410; telephone [Docket No. FR–7005–N–04] from members of the public and affected (202) 708–6423. This is not a toll-free parties concerning the collection of 60-Day Notice of Proposed Information number. Persons with hearing or speech information described in Section A on Collection: Manufactured Housing impairments may access this number the following: Installation Program Reporting through TTY by calling the toll-free (1) Whether the proposed collection Requirements Federal Relay Service at (800) 877–8339. of information is necessary for the Copies of available documents proper performance of the functions of AGENCY: Office of the Assistant submitted to OMB may be obtained the agency, including whether the Secretary for Housing—Federal Housing from Ms. Payne. Commissioner, HUD. information will have practical utility; SUPPLEMENTARY INFORMATION: This ACTION: Notice. (2) The accuracy of the agency’s notice informs the public that HUD is seeking approval from OMB for the estimate of the burden of the proposed SUMMARY: HUD is seeking approval from information collection described in collection of information; the Office of Management and Budget Section A. (3) Ways to enhance the quality, (OMB) for the information collection utility, and clarity of the information to described below. In accordance with the A. Overview of Information Collection Paperwork Reduction Act, HUD is be collected; and Title of Information Collection: requesting comment from all interested Manufactured Housing Installation (4) Ways to minimize the burden of parties on the proposed collection of Program Reporting Requirements. the collection of information on those information. The purpose of this notice who are to respond; including through is to allow for 60 days of public OMB Approval Number: 2502–0578. the use of appropriate automated comment. Type of Request: Extension. collection techniques or other forms of Form Number: HUD 305, HUD 306, DATES: Comments Due Date: June 26, information technology, e.g., permitting HUD 307, HUD 308, HUD 309 and HUD 2018. electronic submission of responses. 312 ADDRESSES: Interested persons are HUD encourages interested parties to Description of the need for the invited to submit comments regarding information and proposed use: The submit comment in response to these this proposal. Comments should refer to Manufactured Housing Installation questions. the proposal by name and/or OMB Program establishes regulations for the Authority: Section 3507 of the Paperwork Control Number and should be sent to: administration of an installation Reduction Act of 1995, 44 U.S.C. Chapter 35. Colette Pollard, Reports Management program and establishes a new Dated: April 19, 2018. Officer, QDAM, Department of Housing manufactured housing installation and Urban Development, 451 7th Street program for states that choose not to Merrie Nichols-Dixon, SW, Room 4176, Washington, DC implement their own programs. HUD Director, Office of Policy, Programs and 20410–5000; telephone 202–402–3400 uses the information collected for the Legislative Initiatives. (this is not a toll-free number) or email enforcement of the Model Installation [FR Doc. 2018–08972 Filed 4–26–18; 8:45 am] at [email protected] for a copy of Standards in each State that does not BILLING CODE 4210–67–P the proposed forms or other available have an installation program established information. Persons with hearing or by State law to ensure that the speech impairments may access this minimum criteria of an installation number through TTY by calling the toll- program are met. free Federal Relay Service at (800) 877– Respondents (i.e. affected public): 8339. Individuals or households; State, Local, FOR FURTHER INFORMATION CONTACT: or Tribal Government. Teresa B. Payne, Acting Administrator, Estimated Number of Respondents: Office of Manufactured Housing 3,804.
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Estimated Number of Responses: ADDRESSES: Interested persons are application to remit the periodic 171,185. invited to submit comments regarding premium payments through SFPCS–P Frequency of Response: Annually. this proposal. Comments should refer to for the required FHA insured cases and Average Hours per Response: 8. the proposal by name and/or OMB to comply with the Credit Reform Act. Total Estimated Burdens: 127,00. Control Number and should be sent to: Respondents (i.e. affected public): B. Solicitation of Public Comment Colette Pollard, Reports Management Business or other for-profit. Officer, QDAM, Department of Housing Estimated Number of Respondents: This notice is soliciting comments and Urban Development, 451 7th Street 641. from members of the public and affected SW, Room 4176, Washington, DC Estimated Number of Responses: parties concerning the collection of 20410–5000; telephone 202–402–3400 7,692. information described in Section A on (this is not a toll-free number) or email Frequency of Response: 12. the following: at [email protected] for a copy of Average Hours per Response: .15. (1) Whether the proposed collection the proposed forms or other available Total Estimated Burdens: 2,765. of information is necessary for the information. Persons with hearing or B. Solicitation of Public Comment proper performance of the functions of speech impairments may access this the agency, including whether the number through TTY by calling the toll- This notice is soliciting comments information will have practical utility; free Federal Relay Service at (800) 877– from members of the public and affected (2) The accuracy of the agency’s 8339. parties concerning the collection of estimate of the burden of the proposed information described in Section A on FOR FURTHER INFORMATION CONTACT: collection of information; (3) Ways to the following: Natalia Yee, Director Single Family enhance the quality, utility, and clarity (1) Whether the proposed collection Insurance Operations Division, of the information to be collected; and of information is necessary for the Department of Housing and Urban (4) Ways to minimize the burden of the proper performance of the functions of Development, 451 7th Street SW, collection of information on those who the agency, including whether the Washington, DC 20410; email Natalia are to respond; including through the information will have practical utility; Yee at [email protected]; telephone use of appropriate automated collection (2) The accuracy of the agency’s 202–402–3506. This is not a toll-free techniques or other forms of information estimate of the burden of the proposed number. Persons with hearing or speech technology, e.g., permitting electronic collection of information; (3) Ways to impairments may access this number submission of responses. enhance the quality, utility, and clarity HUD encourages interested parties to through TTY by calling the toll-free of the information to be collected; and submit comment in response to these Federal Relay Service at (800) 877–8339. (4) Ways to minimize the burden of the questions. Copies of available documents collection of information on those who submitted to OMB may be obtained are to respond; including through the Authority: Section 3507 of the Paperwork from Mrs. Yee. Reduction Act of 1995, 44 U.S.C. Chapter 35. use of appropriate automated collection SUPPLEMENTARY INFORMATION: This techniques or other forms of information Dated: April 10, 2018. notice informs the public that HUD is technology, e.g., permitting electronic Dana T. Wade, seeking approval from OMB for the submission of responses. General Deputy Assistant Secretary for information collection described in HUD encourages interested parties to Housing. Section A. submit comment in response to these [FR Doc. 2018–08970 Filed 4–26–18; 8:45 am] A. Overview of Information Collection questions. BILLING CODE 4210–67–P Title of Information Collection: Single C. Authority Family Premium Collection Section 3507 of the Paperwork DEPARTMENT OF HOUSING AND Subsystem—Periodic (SFPCS–P). Reduction Act of 1995, 44 U.S.C. URBAN DEVELOPMENT OMB Approval Number: 2502–0536. Chapter 35. [Docket No. FR–7005–N–07] Type of Request: Extension. Form Number: None. Dated: April 10, 2018. Dana Wade, 60-Day Notice of Proposed Information Description of the need for the Collection: Single Family Premium information and proposed use: The General Deputy Assistant Secretary for Housing. Collection Subsystem—Periodic Single Family Premium Collection (SFPCS) Subsystem—Periodic (SFPCS–P) allows [FR Doc. 2018–08967 Filed 4–26–18; 8:45 am] the lenders to remit the Periodic BILLING CODE 4210–67–P AGENCY: Office of the Assistant Mortgagee Insurance using funds Secretary for Housing—Federal Housing obtained from the mortgagor during the Commissioner, HUD. collection of the monthly mortgage INTER-AMERICAN FOUNDATION ACTION: Notice. payment. The SFPCS–P strengthens HUD‘s ability to manage and process Sunshine Act Meetings SUMMARY: HUD is seeking approval from periodic single-family mortgage TIME AND DATE: May 7, 2018, 10:00 the Office of Management and Budget insurance premium collections and a.m.–1:00 p.m. (OMB) for the information collection corrections to submitted data. It also described below. In accordance with the improves date integrity for the Single PLACE: Inter-American Foundation, Paperwork Reduction Act, HUD is Family Mortgage Insurance Program. 1331 Pennsylvania Ave. NW, Suite 1200 requesting comment from all interested Therefore, the FHA approved lenders North Building, Washington, DC 20004. parties on the proposed collection of use the automated Clearing House STATUS: Meeting of the Board of information. The purpose of this notice (ACH) application for all transmissions Directors, Open to the Public. is to allow for 60 days of public with SFPCS–P. The authority for this MATTERS TO BE CONSIDERED: comment. collection of information is specified in D Approval of the Minutes of the DATES: Comments Due Date: June 26, 24 CFR 203.264 and 24 CFR 203.269. In November 6, 2017, Meeting of the 2018. general, the lenders use the ACH Board of Directors & Advisory Council
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D FY 18 Budget and FY19 Request • Email: [email protected]. and Freedom of Information Act (5 D Status of Nomination of New Board • U.S. Mail: U.S. Fish and Wildlife U.S.C. 552) requirements. Member(s) Service, Endangered Species—HCP D Management Report Permits, P.O. Box 1306, Room 6093, Permit TE75667C D IAF’s 50th Anniversary Albuquerque, NM 87103. Applicant: Kaiser-Francis Oil Company, D Grant Review Committee FOR FURTHER INFORMATION CONTACT: Tulsa, OK. D Adjournment Marty Tuegel, Branch Chief, by U.S. CONTACT PERSON FOR MORE INFORMATION: mail at U.S. Fish and Wildlife Service, Applicant requests a permit for oil Paul Zimmerman, General Counsel, Environmental Review Division, P.O. and gas upstream and midstream (202) 683–7118. Box 1306, Room 6078, Albuquerque, production, including oil and gas well NM 87103; or by telephone at 505–248– field infrastructure geophysical Paul Zimmerman, 6651. exploration (seismic) and construction, General Counsel. maintenance, operation, repair, and SUPPLEMENTARY INFORMATION: [FR Doc. 2018–09063 Filed 4–25–18; 4:15 pm] decommissioning, as well as oil and gas BILLING CODE 7025–01–P Introduction gathering, transmission, and distribution pipeline infrastructure Under the ESA (16 U.S.C. 1531 et construction, maintenance, operation, seq.), we, the U.S. Fish and Wildlife repair, decommissioning, and DEPARTMENT OF THE INTERIOR Service, invite the public to comment reclamation in Oklahoma. on ITP applications to take the Fish and Wildlife Service federally-listed American burying-beetle Permit TE78510C [FWS–R2–ES–2018–N035; (Nicrophorus americanus) during oil FXES11140200000–189–FF02ENEH00] and gas well field infrastructure Applicant: Marathon Pipe Line geophysical exploration (seismic) and Company, Findlay, OH. Incidental Take Permit Applications construction, maintenance, operation, Applicant requests a permit for oil Received To Participate in the repair, and decommissioning, as well as and gas upstream and midstream American Burying-Beetle Amended Oil oil and gas gathering, transmission, and production, including oil and gas well and Gas Industry Conservation Plan in distribution pipeline infrastructure field infrastructure geophysical Oklahoma construction, maintenance, operation, exploration (seismic) and construction, repair, decommissioning, and AGENCY: maintenance, operation, repair, and Fish and Wildlife Service, reclamation in Oklahoma. Interior. decommissioning, as well as oil and gas If approved, the permits would be gathering, transmission, and ACTION: Notice of availability; request issued to the applicants under the distribution pipeline infrastructure for public comments. American Burying Beetle Amended Oil construction, maintenance, operation, and Gas Industry Conservation Plan SUMMARY: Under the Endangered repair, decommissioning, and (ICP) Endangered Species Act Section Species Act (ESA), as amended, we, the reclamation in Oklahoma. 10(a)(1)(B) Permit Issuance in U.S. Fish and Wildlife Service, invite Oklahoma. The original ICP was Public Availability of Comments the public to comment on federally- approved on May 21, 2014, and the ‘‘no listed American burying-beetle significant impact’’ finding notice was Written comments we receive become incidental take permit (ITP) published in the Federal Register on part of the public record associated with applications. The applicants anticipate July 25, 2014 (79 FR 43504). The draft this action. Before including your American burying-beetle take as a result amended ICP was made available for address, phone number, email address, of impacts to Oklahoma habitat the comment on March 8, 2016 (81 FR or other personal identifying species uses for breeding, feeding, and 12113), and approved on April 13, 2016. information in your comment, you sheltering. The take would be incidental The ICP and the associated should be aware that your entire to the applicants’ activities associated environmental assessment/finding of no comment—including your personal with oil and gas well field and pipeline significant impact are available on our identifying information—may be made infrastructure (gathering, transmission, website at http://www.fws.gov/ publicly available at any time. While and distribution), including geophysical southwest/es/oklahoma/ABBICP. you can request in your comment that exploration (seismic), construction, However, we are no longer taking we withhold your personal identifying maintenance, operation, repair, comments on these finalized, approved information from public review, we decommissioning, and reclamation. If documents. cannot guarantee that we will be able to approved, the permits would be issued do so. All submissions from under the approved American Burying Applications Available for Review and organizations or businesses, and from Beetle Amended Oil and Gas Industry Comment individuals identifying themselves as Conservation Plan (ICP) Endangered We invite local, state, Tribal, and representatives or officials of Species Act Section 10(a)(1)(B) Permit Federal agencies, and the public to organizations or businesses, will be Issuance in Oklahoma. comment on the following applications made available for public disclosure in DATES: To ensure consideration, written under the ICP, for incidentally taking their entirety. comments must be received on or before the federally-listed American burying- Authority May 29, 2018. beetle. Please refer to the appropriate ADDRESSES: You may obtain copies of proposed permit number (TE75667C or We provide this notice under the all documents and submit comments on TE78510C) when requesting application ESA, section 10(c) (16 U.S.C. 1531 et the applicants’ ITP applications by one documents and when submitting seq.) and its implementing regulations of the following methods. Please refer to comments. Documents and other (50 CFR 17.22) and the National the proposed permit number when information the applicants have Environmental Policy Act (42 U.S.C. requesting documents or submitting submitted are available for review, 4321 et seq.) and its implementing comments. subject to Privacy Act (5 U.S.C. 552a) regulations (40 CFR 1506.6).
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Dated: March 16, 2018. FR 51937). The United States Marine (‘‘Commerce’’) of affirmative Amy L. Lueders, Corps, the Veterans Administration, and preliminary determinations in the Regional Director, Southwest Region, U.S. the Environmental Protection Agency investigations under sections 703(b) or Fish and Wildlife Service. each accepted cooperating agency 733(b) of the Act, or, if the preliminary [FR Doc. 2018–08955 Filed 4–26–18; 8:45 am] status. Notice of Availability for the determinations are negative, upon BILLING CODE 4333–15–P draft EIR/EIS was published by the notice of affirmative final Environmental Protection Agency on determinations in those investigations November 24, 2017 (82 FR 55831) and under sections 705(a) or 735(a) of the DEPARTMENT OF THE INTERIOR by the Bureau of Reclamation on Act. Parties that filed entries of November 28, 2017 (82 FR 56264). The appearance in the preliminary phase of Bureau of Reclamation comment period on the draft EIR/EIS the investigations need not enter a separate appearance for the final phase [RR03510000, XXXR0680R1, ended on January 8, 2018. The final EIR/ RR171260120019400] EIS contains responses to all comments of the investigations. Industrial users, received. and, if the merchandise under Final Environmental Impact Statement, The final EIR/EIS is available on the investigation is sold at the retail level, Pure Water San Diego Program, North City of San Diego website at: https:// representative consumer organizations City Project; San Diego County, www.sandiego.gov/water/purewater/ have the right to appear as parties in California purewatersd/reports. Commission antidumping and countervailing duty investigations. The Dated: April 23, 2018. AGENCY: Bureau of Reclamation, Secretary will prepare a public service Interior. Terrance J. Fulp, list containing the names and addresses Regional Director, Lower Colorado Region. ACTION: Notice of availability. of all persons, or their representatives, [FR Doc. 2018–08942 Filed 4–26–18; 8:45 am] who are parties to the investigations. SUMMARY: The Bureau of Reclamation BILLING CODE 4332–90–P and the City of San Diego have Background completed a final Environmental Impact On March 7, 2018, the Laminated Report/Environmental Impact Statement INTERNATIONAL TRADE Woven Sacks Fair Trade Coalition, for the North City Project, the first phase COMMISSION which is comprised of Polytex Fibers of the Pure Water San Diego Program— Corporation (Houston, Texas) and a water and wastewater facilities plan to [Investigation Nos. 701–TA–601 and 731– ProAmpac, LLC (Cincinnati, Ohio), filed TA–1411 (Preliminary)] produce potable water from recycled a petition with the Commission and water. The Bureau of Reclamation is Laminated Woven Sacks from Vietnam Commerce, alleging that an industry in recommending the Miramar Alternative the United States is materially injured as the preferred alternative for approval. Determinations or threatened with material injury by DATES: The Bureau of Reclamation will On the basis of the record 1 developed reason of LTFV and subsidized imports not make a decision on the proposed in the subject investigations, the United of laminated woven sacks from project until at least 30 days after the States International Trade Commission Vietnam. Accordingly, effective March Notice of Availability is published by (‘‘Commission’’) determines, pursuant 7, 2018, the Commission, pursuant to the Environmental Protection Agency. to the Tariff Act of 1930 (‘‘the Act’’), sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted FOR FURTHER INFORMATION CONTACT: that there is a reasonable indication that an industry in the United States is countervailing duty investigation No. Doug McPherson, Environmental 701–TA–601 and antidumping duty materially injured by reason of imports Protection Specialist, Bureau of investigation No. 731–TA–1411 of laminated woven sacks from Vietnam Reclamation, Southern California Area (Preliminary). Office, 27708 Jefferson Avenue, Suite that are alleged to be sold in the United Notice of the institution of the 202, Temecula, CA 92590; telephone: States at less than fair value (‘‘LTFV’’) Commission’s investigations and of a (951) 695–5310; facsimile: (951) 695– and to be subsidized by the government 2 public conference to be held in 5319; or email: [email protected]. of Vietnam. connection therewith was given by SUPPLEMENTARY INFORMATION: The Commencement of Final Phase posting copies of the notice in the Office Miramar Alternative will expand the Investigations of the Secretary, U.S. International existing North City Water Reclamation Trade Commission, Washington, DC, Pursuant to section 207.18 of the Plant and construct an adjacent North and by publishing the notice in the Commission’s rules, the Commission City Pure Water Facility with a purified Federal Register of March 13, 2018 (83 also gives notice of the commencement water pipeline to Miramar Reservoir. A FR 10875). The conference was held in of the final phase of its investigations. project alternative would install a longer Washington, DC, on March 28, 2018, The Commission will issue a final phase pipeline to deliver product water to the and all persons who requested the notice of scheduling, which will be larger San Vicente Reservoir instead. opportunity were permitted to appear in published in the Federal Register as Other project components include: A person or by counsel. new pump station and forcemain to provided in section 207.21 of the The Commission made these deliver additional wastewater to the Commission’s rules, upon notice from determinations pursuant to sections North City Water Reclamation Plant, a the U.S. Department of Commerce 703(a) and 733(a) of the Act (19 U.S.C. brine discharge pipeline, upgrades to 1671b(a) and 1673b(a)). It completed 1 The record is defined in sec. 207.2(f) of the the existing Metropolitan Biosolids Commission’s Rules of Practice and Procedure (19 and filed its determinations in these Center, and a renewable energy facility CFR 207.2(f)). investigations on April 23, 2018. The with a landfill gas pipeline crossing 2 Laminated Woven Sacks From the Socialist views of the Commission are contained Marine Corps Air Station Miramar and Republic of Vietnam: Initiation of Countervailing in USITC Publication 4779 (April 2018), Duty Investigation, 83 FR 14253, April 3, 2018; the Miramar National Cemetery. Laminated Woven Sacks From the Socialist entitled Laminated Woven Sacks from The Bureau of Reclamation issued a Republic of Vietnam: Initiation of Less-Than-Fair- Vietnam: Investigation Nos. 701–TA– Notice of Intent on August 5, 2016 (81 Value Investigation, 83 FR 14257, April 3, 2018. 601 and 731–TA–1411 (Preliminary).
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By order of the Commission. 1337) in the importation into the United Persons filing written submissions Issued: April 23, 2018. States, the sale for importation, and the must file the original document Lisa Barton, sale within the United States after electronically on or before the deadlines Secretary to the Commission. importation of certain submarine stated above and submit 8 true paper [FR Doc. 2018–08856 Filed 4–26–18; 8:45 am] telecommunication systems and copies to the Office of the Secretary by BILLING CODE 7020–02–P components thereof. The complaint noon the next day pursuant to § 210.4(f) names as respondents: Xtera, Inc. of of the Commission’s Rules of Practice Allen, TX; MC Assembly of Melbourne, and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE FL; and MC Test Services, Inc. of Submissions should refer to the docket COMMISSION Melbourne, FL. The complainant number (‘‘Docket No. 3311) in a requests that the Commission issue a prominent place on the cover page and/ Notice of Receipt of Complaint; limited exclusion order and cease and or the first page. (See Handbook for Solicitation of Comments Relating to desist orders and impose a bond upon Electonic Filing Procedures, Electronic the Public Interest respondents’ alleged infringing articles Filing Procedures).1 Persons with during the 60-day Presidential review AGENCY: questions regarding filing should U.S. International Trade period pursuant to 19 U.S.C. 1337(j). Commission. contact the Secretary (202–205–2000). Proposed respondents, other Any person desiring to submit a ACTION: Notice. interested parties, and members of the document to the Commission in SUMMARY: Notice is hereby given that public are invited to file comments, not confidence must request confidential the U.S. International Trade to exceed five (5) pages in length, treatment. All such requests should be Commission has received a complaint inclusive of attachments, on any public directed to the Secretary to the entitled Certain Submarine interest issues raised by the complaint Commission and must include a full Telecommunication Systems and or § 210.8(b) filing. Comments should statement of the reasons why the Components Thereof, DN 3311; the address whether issuance of the relief Commission should grant such Commission is soliciting comments on specifically requested by the treatment. See 19 CFR 201.6. Documents any public interest issues raised by the complainant in this investigation would for which confidential treatment by the complaint or complainant’s filing affect the public health and welfare in Commission is properly sought will be pursuant to the Commission’s Rules of the United States, competitive treated accordingly. All such requests Practice and Procedure. conditions in the United States should be directed to the Secretary to FOR FURTHER INFORMATION CONTACT: Lisa economy, the production of like or the Commission and must include a full R. Barton, Secretary to the Commission, directly competitive articles in the statement of the reasons why the U.S. International Trade Commission, United States, or United States Commission should grant such 500 E Street SW, Washington, DC consumers. treatment. See 19 CFR 201.6. Documents In particular, the Commission is 20436, telephone (202) 205–2000. The for which confidential treatment by the interested in comments that: Commission is properly sought will be public version of the complaint can be (i) Explain how the articles treated accordingly. All information, accessed on the Commission’s potentially subject to the requested including confidential business Electronic Document Information remedial orders are used in the United information and documents for which System (EDIS) at https://edis.usitc.gov, States; confidential treatment is properly and will be available for inspection (ii) identify any public health, safety, sought, submitted to the Commission for during official business hours (8:45 a.m. or welfare concerns in the United States purposes of this Investigation may be to 5:15 p.m.) in the Office of the relating to the requested remedial disclosed to and used: (i) By the Secretary, U.S. International Trade orders; Commission, 500 E Street, SW, (iii) identify like or directly Commission, its employees and Offices, Washington, DC 20436, telephone (202) competitive articles that complainant, and contract personnel (a) for 205–2000. its licensees, or third parties make in the developing or maintaining the records General information concerning the United States which could replace the of this or a related proceeding, or (b) in Commission may also be obtained by subject articles if they were to be internal investigations, audits, reviews, accessing its internet server at United excluded; and evaluations relating to the States International Trade Commission (iv) indicate whether complainant, programs, personnel, and operations of (USITC) at https://www.usitc.gov . The complainant’s licensees, and/or third the Commission including under 5 public record for this investigation may party suppliers have the capacity to U.S.C. Appendix 3; or (ii) by U.S. be viewed on the Commission’s replace the volume of articles government employees and contract 2 Electronic Document Information potentially subject to the requested personnel, solely for cybersecurity System (EDIS) at https://edis.usitc.gov. exclusion order and/or a cease and purposes. All nonconfidential written Hearing-impaired persons are advised desist order within a commercially submissions will be available for public that information on this matter can be reasonable time; and inspection at the Office of the Secretary obtained by contacting the (v) explain how the requested and on EDIS.3 Commission’s TDD terminal on (202) remedial orders would impact United This action is taken under the 205–1810. States consumers. authority of section 337 of the Tariff Act SUPPLEMENTARY INFORMATION: The Written submissions must be filed no of 1930, as amended (19 U.S.C. 1337), Commission has received a complaint later than by close of business, eight and of §§ 201.10 and 210.8(c) of the and a submission pursuant to § 210.8(b) calendar days after the date of of the Commission’s Rules of Practice publication of this notice in the Federal 1 Handbook for Electronic Filing Procedures: and Procedure filed on behalf of NEC Register. There will be further https://www.usitc.gov/documents/handbook_on_ _ Corporation and NEC Corporation of opportunities for comment on the filing procedures.pdf 2 All contract personnel will sign appropriate America on April 23, 2018. The public interest after the issuance of any nondisclosure agreements. complaint alleges violations of section final initial determination in this 3 Electronic Document Information System 337 of the Tariff Act of 1930 (19 U.S.C. investigation. (EDIS): https://edis.usitc.gov
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Commission’s Rules of Practice and —Evaluate whether and if so how the DEPARTMENT OF JUSTICE Procedure (19 CFR 201.10, 210.8(c)). quality, utility, and clarity of the [OMB Number: 1105–New] By order of the Commission. information to be collected can be Issued: April 23, 2018. enhanced; and —Minimize the burden of the collection Agency Information Collection: Lisa Barton, of information on those who are to Submission to OMB for Review and Secretary to the Commission. respond, including through the use of Approval [FR Doc. 2018–08857 Filed 4–26–18; 8:45 am] appropriate automated, electronic, AGENCY: Civil Division, Department of BILLING CODE 7020–02–P mechanical, or other technological Justice. collection techniques or other forms ACTION: 30-Day notice. of information technology, e.g., DEPARTMENT OF JUSTICE permitting electronic submission of SUMMARY: The Department of Justice, responses. Federal Bureau of Investigation Civil Division, is submitting the Overview of This Information following information collection request [OMB Number 1110–NEW] Collection to the Office of Management and Budget (OMB) for review and approval in Agency Information Collection 1. Type of Information Collection: accordance with the Paperwork Activities; Proposed eCollection New Collection. Reduction Act of 1995. This proposed eComments Requested; New 2. The Title of the Form/Collection: information collection was previously Collection FBI Training Generic Clearance. published in the Federal Register on 3. The agency form number, if any, February 22, 2018, allowing for a 60 day AGENCY: Federal Bureau of and the applicable component of the comment period. Investigation, Department of Justice. Department sponsoring the collection: ACTION: 60 day notice. There is no agency form number for this DATES: The Department of Justice collection. The applicable component encourages public comment and will SUMMARY: The Department of Justice, within the Department of Justice is the accept input until May 29, 2018. Federal Bureau of Investigation, Federal Bureau of Investigation, FOR FURTHER INFORMATION CONTACT: If Training Division is submitting the Training Division, Evaluation and you have additional comments following information collection request Assessment Unit. especially on the estimated public to the Office of Management and Budget 4. Affected public who will be asked burden or associated response time, (OMB) for review and approval in or required to respond, as well as a brief suggestions, or need a copy of the accordance with the Paperwork abstract: Respondents of this collection proposed information collection Reduction Act of 1995. include members of the State, Local or instrument with instructions or DATES: The Department of Justice Tribal Government Law Enforcement additional information, please contact encourages public comment and will community and Federal Government Talitha Guinn-Shaver, 950 Pennsylvania accept input until June 26, 2018. Law Enforcement partners. This Ave. NW, Washington, DC 20005, Attn: FOR FURTHER INFORMATION CONTACT: If collection will gather feedback from FBI Civil Communications Office (Attn: you have additional comments training programs to ensure the training Elder Justice Initiative) (Phone:202– especially on the estimated public delivered is realistic and relevant to 598–0292). Written comments and/or burden or associated response time, today’s law enforcement partners. suggestions can also be sent to the suggestions, or need a copy of the 5. An estimate of the total number of Office of Management and Budget, proposed information collection respondents and the amount of time Office of Information and Regulatory instrument with instructions or estimated for an average respondent to Affairs, Attention Department of Justice additional information, please contact respond: Respondents are estimated to Desk Officer, Washington, DC 20503 or Kevin R. Furtick, Chief, Evaluation and be 1,100 annually with an estimated sent to OIRA_submissions@ Assessment Unit, 1234 Range Road, seven surveys per respondent that are omb.eop.gov. Quantico, VA, [email protected], 703– estimated to be completed in less than SUPPLEMENTARY INFORMATION: Written 632–3222. 10 minutes per collection. comments and suggestions from the SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public public and affected agencies concerning comments and suggestions from the burden (in hours) associated with the the proposed collection of information public and affected agencies concerning collection: The total estimated time for are encouraged. Your comments should the proposed collection of information respondents to complete these address one or more of the following are encouraged. Your comments should evaluations per respondent is 70 four points: minutes. address one or more of the following —Evaluate whether the proposed four points: If additional information is required contact: Melody Braswell, Department collection of information is necessary —Evaluate whether the proposed Clearance Officer, United States for the proper performance of the collection of information is necessary Department of Justice, Justice functions of the Civil Division, for the proper performance of the Management Division, Policy and including whether the information functions of the Department of Justice, Planning Staff, Two Constitution will have practical utility; Federal Bureau of Investigation, Square, 145 N Street NE, 3E.405A, —Evaluate the accuracy of the agency’s Training Division, including whether Washington, DC 20530. estimate of the burden of the the information will have practical proposed collection of information, utility; Dated: April 24, 2018. including the validity of the —Evaluate the accuracy of the agency’s Melody Braswell, methodology and assumptions used; estimate of the burden of the Department Clearance Officer for PRA, U.S. —Evaluate whether and if so how the proposed collection of information, Department of Justice. quality, utility, and clarity of the including the validity of the [FR Doc. 2018–08882 Filed 4–26–18; 8:45 am] information to be collected can be methodology and assumptions used; BILLING CODE 4410–02–P enhanced; and
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—Minimize the burden of the collection DEPARTMENT OF JUSTICE and downloaded at this Justice of information on those who are to Department website: https:// respond, including through the use of Notice of Lodging of Proposed www.justice.gov/enrd/consent-decrees. appropriate automated, electronic, Consent Decree Under the Clean Air We will provide a paper copy of the mechanical, or other technological Act consent decree upon written request and payment of reproduction costs. collection techniques or other forms On April 24, 2018, the Department of Please mail your request and payment of information technology, e.g., Justice lodged a proposed consent to: Consent Decree Library, U.S. DOJ— permitting electronic submission of decree with the United States District ENRD, P.O. Box 7611, Washington, DC responses. Court for the Western District of 20044–7611. Pennsylvania in the lawsuit entitled Overview of This Information Please enclose a check or money order United States of America, et al. v. Collection for $26.00 (25 cents per page MarkWest Liberty Midstream & reproduction cost) payable to the United Resources, LLC, et al., Civil Action No. 1. Type of Information Collection: States Treasury. New. 2:18–cv–00520–LPL. The lawsuit seeks injunctive relief Robert Brook, 2. The Title of the Form/Collection: and civil penalties for violations of the Assistant Section Chief, Environmental Survey of Elder Justice Needs in Rural Clean Air Act and Pennsylvania’s and Enforcement Section, Environment and America. Ohio’s federally-approved State Natural Resources Division. 3. The agency form number, if any, Implementation Plans (‘‘SIPs’’) at [FR Doc. 2018–08944 Filed 4–26–18; 8:45 am] and the applicable component of the Defendants’ MarkWest Liberty BILLING CODE 4410–15–P Department sponsoring the collection: Midstream & Resources LLC and Ohio Civil Division, United States Gathering Company, LLC compressor Department of Justice. stations and stand-alone pigging DEPARTMENT OF LABOR facilities in western Pennsylvania and 4. Affected public who will be asked eastern Ohio. The principal violations Office of the Secretary or required to respond, as well as a brief relate to alleged failures to obtain abstract: Abstract: The US Department required permits, including, in some Agency Information Collection of Justice, Elder Justice Initiative is cases, Nonattainment New Source Activities; Submission for OMB conducting a survey of rural needs for Review and Title V permits, to construct Review; Comment Request; Bureau of the field of elder abuse. These needs and operate. Labor Statistics Occupational Safety will be combined with findings from The proposed decree requires and Health Statistics Cooperative local listening sessions and will inform Defendants to perform injunctive relief, Agreement Application Package the agenda of a national conference on pay a $610,000 civil penalty, and rural elder abuse in the Fall of 2018. complete three Supplemental ACTION: Notice of availability; request for comments. 5. An estimate of the total number of Environmental Projects and a Pennsylvania-only Community respondents and the amount of time SUMMARY: The Department of Labor estimated for an average respondent to Environmental Project. Entering into (DOL) is submitting the Bureau of Labor respond: It is estimated that no more and fully complying with the proposed Statistics sponsored information than 5000 respondents will apply. Each consent decree will resolve Defendants’ collection request (ICR) revision titled, application takes approximately less past civil liability at all covered ‘‘Bureau of Labor Statistics facilities for various types of violations than 30 minutes to complete and is Occupational Safety and Health of the Clean Air Act and the submitted once per year (annually). Statistics Cooperative Agreement Pennsylvania and Ohio SIPs. Application Package,’’ to the Office of 6. An estimate of the total public The publication of this notice opens Management and Budget (OMB) for burden (in hours) associated with the a period for public comment on the review and approval for use in collection: The total hour burden to consent decree. Comments should be accordance with the Paperwork complete the applications is 2500 hours. addressed to the Assistant Attorney Reduction Act (PRA) of 1995. Public × General, Environment and Natural 5000 30 minutes = 150,000/60 comments on the ICR are invited. minutes per hour = 2500 burden hours. Resources Division, and should refer to United States, et al. v. MarkWest Liberty DATES: The OMB will consider all If additional information is required written comments that agency receives contact: Melody Braswell, Department Midstream & Resources, LLC, D.J. Ref. No. 90–5–2–1–11374. All comments on or before May 29, 2018. Clearance Officer, United States must be submitted no later than thirty ADDRESSES: A copy of this ICR with Department of Justice, Justice (30) days after the publication date of applicable supporting documentation; Management Division, Policy and this notice. Comments may be including a description of the likely Planning Staff, Two Constitution submitted either by email or by mail: respondents, proposed frequency of Square, 145 N Street NE, 3E.405A, response, and estimated total burden Washington, DC 20530. To submit Send them to: may be obtained free of charge from the Dated: April 24, 2018. comments: RegInfo.gov website at http:// www.reginfo.gov/public/do/ Melody Braswell, By email ...... pubcomment-ees.enrd@ PRAViewICR?ref_nbr=201803-1220-001 Department Clearance Officer for PRA, U.S. usdoj.gov. (this link will only become active on the Department of Justice. By mail ...... Assistant Attorney General, day following publication of this notice) [FR Doc. 2018–08876 Filed 4–26–18; 8:45 am] U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC or by contacting Michel Smyth by BILLING CODE 4410–12–P 20044–7611. telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free During the public comment period, numbers) or sending an email to DOL_ the consent decree may be examined [email protected].
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Submit comments about this request Control Number. In addition, Total Estimated Annual Time Burden: by mail to the Office of Information and notwithstanding any other provisions of 400 hours. Regulatory Affairs, Attn: OMB Desk law, no person shall generally be subject Total Estimated Annual Other Costs Officer for DOL–BLS, Office of to penalty for failing to comply with a Burden: $0. Management and Budget, Room 10235, collection of information that does not Authority: 44 U.S.C. 3507(a)(1)(D). 725 17th Street NW, Washington, DC display a valid Control Number. See 5 20503; by Fax: 202–395–5806 (this is CFR 1320.5(a) and 1320.6. The DOL Dated: April 23, 2018. not a toll-free number); or by email: obtains OMB approval for this Michel Smyth, [email protected]. information collection under Control Departmental Clearance Officer. Commenters are encouraged, but not Number 1220–0149. The current [FR Doc. 2018–08896 Filed 4–26–18; 8:45 am] required, to send a courtesy copy of any approval is scheduled to expire on May BILLING CODE 4510–24–P comments by mail or courier to the U.S. 31, 2018; however, the DOL notes that Department of Labor-OASAM, Office of existing information collection the Chief Information Officer, Attn: requirements submitted to the OMB DEPARTMENT OF LABOR Departmental Information Compliance receive a month-to-month extension Management Program, Room N1301, while they undergo review. New Office of the Secretary 200 Constitution Avenue NW, requirements would only take effect Agency Information Collection Washington, DC 20210; or by email: upon OMB approval. For additional _ _ Activities; Submission for OMB DOL PRA [email protected]. substantive information about this ICR, Review; Comment Request; Servicing FOR FURTHER INFORMATION CONTACT: see the related notice published in the Multi-Piece and Single Piece Rim Michel Smyth by telephone at 202–693– Federal Register on November 17, 2017 Wheels Standard 4129, TTY 202–693–8064, (these are not (82 FR 54416). toll-free numbers) or sending an email Interested parties are encouraged to ACTION: Notice of availability; request to [email protected]. send comments to the OMB, Office of for comments. SUPPLEMENTARY INFORMATION: This ICR Information and Regulatory Affairs at seeks approval under the PRA for the address shown in the ADDRESSES SUMMARY: The Department of Labor revisions to the Bureau of Labor section within thirty (30) days of (DOL) is submitting the Occupational Statistics (BLS) Occupational Safety and publication of this notice in the Federal Safety and Health Administration Health Statistics Cooperative Agreement Register. In order to help ensure (OSHA) sponsored information Application Package information appropriate consideration, comments collection request (ICR) titled, collection. The BLS enters into should mention OMB Control Number ‘‘Servicing Multi-Piece and Single Piece cooperative agreements with States and 1220–0149. The OMB is particularly Rim Wheels Standard,’’ to the Office of their political subdivisions to assist interested in comments that: Management and Budget (OMB) for them in developing and administering • Evaluate whether the proposed review and approval for continued use, programs dealing with occupational collection of information is necessary without change, in accordance with the safety and health statistics and to for the proper performance of the Paperwork Reduction Act of 1995 arrange through these agreements for functions of the agency, including (PRA). Public comments on the ICR are research to further Occupational Safety whether the information will have invited. and Health Act of 1970 (OSH Act) practical utility; DATES: The OMB will consider all objectives. The BLS awards funds to a • Evaluate the accuracy of the written comments that agency receives State through a Cooperative Agreement. agency’s estimate of the burden of the on or before May 29, 2018. The Cooperative Agreement package proposed collection of information, ADDRESSES: A copy of this ICR with includes application instructions and including the validity of the applicable supporting documentation; materials as well as financial reporting, methodology and assumptions used; including a description of the likely closeout, and other administrative • Enhance the quality, utility, and respondents, proposed frequency of requirements. This information clarity of the information to be response, and estimated total burden collection has been classified as a collected; and may be obtained free of charge from the revision, because of the addition of an • Minimize the burden of the RegInfo.gov website at http:// Occupational Safety and Health collection of information on those who www.reginfo.gov/public/do/ Statistics Budget Variance form and the are to respond, including through the PRAViewICR?ref_nbr=201802-1218-005 Occupational Safety and Health use of appropriate automated, (this link will only become active on the Statistics Financial Reconciliation electronic, mechanical, or other day following publication of this notice) Worksheet -B: AAMC (additional technological collection techniques or or by contacting Michel Smyth by activities to maintain currency) form. other forms of information technology, telephone at 202–693–4129, TTY 202– BLS Authorizing Statute sections 1 and e.g., permitting electronic submission of 693–8064, (these are not toll-free 2, OSH Act section 20, and Federal responses. numbers) or by email at DOL_PRA_ Grant and Cooperative Agreement Act of Agency: DOL–BLS. [email protected]. 1977 section 6 authorize this Title of Collection: Bureau of Labor Submit comments about this request information collection. See 29 U.S.C. 1, Statistics Occupational Safety and by mail to the Office of Information and 2, 669; 31 U.S.C. 6305. Health Statistics Cooperative Agreement Regulatory Affairs, Attn: OMB Desk This information collection is subject Application Package. Officer for DOL–OSHA, Office of to the PRA. A Federal agency generally OMB Control Number: 1220–0149. Management and Budget, Room 10235, cannot conduct or sponsor a collection Affected Public: State, Local, and 725 17th Street NW, Washington, DC of information, and the public is Tribal Governments. 20503; by Fax: 202–395–5806 (this is generally not required to respond to an Total Estimated Number of not a toll-free number); or by email: information collection, unless it is Respondents: 56. [email protected]. approved by the OMB under the PRA Total Estimated Number of Commenters are encouraged, but not and displays a currently valid OMB Responses: 445. required, to send a courtesy copy of any
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comments by mail or courier to the U.S. about this ICR, see the related notice DEPARTMENT OF LABOR Department of Labor—OASAM, Office published in the Federal Register on of the Chief Information Officer, Attn: December 26, 2017 (82 FR 61035). Office of the Secretary Departmental Information Compliance Interested parties are encouraged to Agency Information Collection Management Program, Room N1301, send comments to the OMB, Office of 200 Constitution Avenue NW, Activities; Submission for OMB Information and Regulatory Affairs at Washington, DC 20210; or by email: Review; Comment Request; Labor the address shown in the ADDRESSES [email protected]. Market Information Cooperative section within thirty (30) days of Agreement FOR FURTHER INFORMATION CONTACT: publication of this notice in the Federal Michel Smyth by telephone at 202–693– Register. In order to help ensure ACTION: Notice of availability; request 4129, TTY 202–693–8064, (these are not appropriate consideration, comments for comments. toll-free numbers) or by email at DOL_ [email protected]. should mention OMB Control Number 1218–0219. The OMB is particularly SUMMARY: The Department of Labor SUPPLEMENTARY INFORMATION: This ICR interested in comments that: (DOL) is submitting the Bureau of Labor seeks to extend PRA authority for the Statistics (BLS) sponsored information • Servicing Multi-Piece and Single Piece Evaluate whether the proposed collection request (ICR) titled, ‘‘Labor Rim Wheels Standard information collection of information is necessary Market Information Cooperative collection requirements codified in for the proper performance of the Agreement,’’ to the Office of regulations 29 CFR 1910.177. The functions of the agency, including Management and Budget (OMB) for Standard includes a requirement for the whether the information will have review and approval for continued use, manufacturer or a registered practical utility; without change, in accordance with the professional engineer to certify that • Evaluate the accuracy of the Paperwork Reduction Act of 1995 repaired restraining devices and barriers agency’s estimate of the burden of the (PRA). Public comments on the ICR are meet specified strength requirements proposed collection of information, invited. and a requirement for defective wheels including the validity of the DATES: The OMB will consider all and wheel components be marked or methodology and assumptions used; written comments that agency receives tagged. The purpose of the requirement on or before May 29, 2018. is to reduce workers’ risk of death or • Enhance the quality, utility, and ADDRESSES: serious injury by ensuring that clarity of the information to be A copy of this ICR with restraining devices used during the collected; and applicable supporting documentation; servicing of multi-piece rim wheels are • including a description of the likely Minimize the burden of the respondents, proposed frequency of in safe operating condition. collection of information on those who Occupational Safety and Health Act of response, and estimated total burden are to respond, including through the may be obtained free of charge from the 1970 sections 2(b)(9), 6, and 8(c) use of appropriate automated, authorize this information collection. RegInfo.gov website at http:// electronic, mechanical, or other www.reginfo.gov/public/do/ See 29 U.S.C. 651(b)(9), 655, and 657(c). technological collection techniques or _ This information collection is subject PRAViewICR?ref nbr=201803-1220-002 other forms of information technology, to the PRA. A Federal agency generally (this link will only become active on the cannot conduct or sponsor a collection e.g., permitting electronic submission of day following publication of this notice) of information, and the public is responses. or by contacting Michel Smyth by generally not required to respond to an Agency: DOL–OSHA. telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free information collection, unless it is Title of Collection: Servicing Multi- _ _ approved by the OMB under the PRA numbers) or by email at DOL PRA Piece and Single Piece Rim Wheels [email protected]. and displays a currently valid OMB Standard. Control Number. In addition, Submit comments about this request notwithstanding any other provisions of OMB Control Number: 1218–0219. by mail to the Office of Information and law, no person shall generally be subject Affected Public: Private Sector— Regulatory Affairs, Attn: OMB Desk to penalty for failing to comply with a businesses or other for-profits. Officer for DOL–BLS, Office of collection of information that does not Management and Budget, Room 10235, Total Estimated Number of 725 17th Street NW, Washington, DC display a valid Control Number. See 5 Respondents: 9. CFR 1320.5(a) and 1320.6. The DOL 20503; by Fax: 202–395–5806 (this is obtains OMB approval for this Total Estimated Number of not a toll-free number); or by email: _ information collection under Control Responses: 9. OIRA [email protected]. Number 1218–0219. Total Estimated Annual Time Burden: Commenters are encouraged, but not OMB authorization for an ICR cannot 1 hour. required, to send a courtesy copy of any be for more than three (3) years without comments by mail or courier to the U.S. Total Estimated Annual Other Costs renewal, and the current approval for Department of Labor-OASAM, Office of Burden: $0. this collection is scheduled to expire on the Chief Information Officer, Attn: June 30, 2018. The DOL seeks to extend Authority: 44 U.S.C. 3507(a)(1)(D). Departmental Information Compliance Management Program, Room N1301, PRA authorization for this information Dated: April 19, 2018. 200 Constitution Avenue NW, collection for three (3) more years, Michel Smyth, without any change to existing Washington, DC 20210; or by email: _ _ requirements. The DOL notes that Departmental Clearance Officer. DOL PRA [email protected]. existing information collection [FR Doc. 2018–08884 Filed 4–26–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: requirements submitted to the OMB BILLING CODE 4510–26–P Michel Smyth by telephone at 202–693– receive a month-to-month extension 4129, TTY 202–693–8064, (these are not while they undergo review. For toll-free numbers) or by email at DOL_ additional substantive information [email protected].
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SUPPLEMENTARY INFORMATION: This ICR functions of the agency, including DATES: The OMB will consider all seeks to extend PRA authority for the whether the information will have written comments that agency receives Labor Market Information (LMI) practical utility; on or before May 29, 2018. Cooperative Agreement information • Evaluate the accuracy of the ADDRESSES: A copy of this ICR with collection. The LMI Cooperative agency’s estimate of the burden of the applicable supporting documentation; Agreement includes all information proposed collection of information, including a description of the likely needed by a State Workforce Agency to including the validity of the respondents, proposed frequency of apply for funds to assist it in operating methodology and assumptions used; response, and estimated total burden one or more of the four BLS LMI • Enhance the quality, utility, and may be obtained free of charge from the programs and to report on the status of clarity of the information to be RegInfo.gov website at http:// the obligation and expenditure of any collected; and www.reginfo.gov/public/do/ • such funds as well as to close out the Minimize the burden of the PRAViewICR?ref_nbr=201803-1210-001 Cooperative Agreement. BLS collection of information on those who (this link will only become active on the Authorizing Statute sections 1 and 2, are to respond, including through the day following publication of this notice) Wagner-Peyser Act as Amended section use of appropriate automated, or by contacting Michel Smyth by 14, and Federal Grant and Cooperative electronic, mechanical, or other telephone at 202–693–4129, TTY 202– Agreement Act of 1977 section 6 technological collection techniques or 693–8064, (these are not toll-free authorize this information collection. other forms of information technology, numbers) or sending an email to DOL_ See 29 U.S.C. 1, 2, 49L–1; 31 U.S.C. e.g., permitting electronic submission of [email protected]. 6305. responses. Submit comments about this request This information collection is subject Agency: DOL–BLS. by mail to the Office of Information and to the PRA. A Federal agency generally Title of Collection: Labor Market Regulatory Affairs, Attn: OMB Desk cannot conduct or sponsor a collection Information Cooperative Agreement. Officer for DOL–EBSA, Office of of information, and the public is OMB Control Number: 1220–0079. Management and Budget, Room 10235, generally not required to respond to an Affected Public: State, Local, and 725 17th Street NW, Washington, DC information collection, unless it is Tribal Governments. 20503; by Fax: 202–395–5806 (this is approved by the OMB under the PRA Total Estimated Number of not a toll-free number); or by email: and displays a currently valid OMB Respondents: 54. [email protected]. Total Estimated Number of Control Number. In addition, Commenters are encouraged, but not Responses: 1,020. notwithstanding any other provisions of required, to send a courtesy copy of any law, no person shall generally be subject Total Estimated Annual Time Burden: 926 hours. comments by mail or courier to the U.S. to penalty for failing to comply with a Department of Labor-OASAM, Office of collection of information that does not Total Estimated Annual Other Costs Burden: $0. the Chief Information Officer, Attn: display a valid Control Number. See 5 Departmental Information Compliance CFR 1320.5(a) and 1320.6. The DOL Authority: 44 U.S.C. 3507(a)(1)(D). Management Program, Room N1301, obtains OMB approval for this Dated: April 19, 2018. 200 Constitution Avenue NW, information collection under Control Michel Smyth, Washington, DC 20210; or by email: Number 1220–0079. [email protected]. OMB authorization for an ICR cannot Departmental Clearance Officer. be for more than three (3) years without [FR Doc. 2018–08885 Filed 4–26–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: renewal, and the current approval for BILLING CODE 4510–24–P Michel Smyth by telephone at 202–693– this collection is scheduled to expire on 4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email May 31, 2018. The DOL seeks to extend _ _ PRA authorization for this information DEPARTMENT OF LABOR to DOL PRA [email protected]. collection for three (3) more years, SUPPLEMENTARY INFORMATION: This ICR Office of the Secretary without any change to existing seeks approval under the PRA for revisions to the Coverage of Certain requirements. The DOL notes that Agency Information Collection Preventive Services under the existing information collection Activities; Submission for OMB Affordable Care Act information requirements submitted to the OMB Review; Comment Request; Coverage collection requirements applicable to receive a month-to-month extension of Certain Preventive Services Under the private sector. A covered health while they undergo review. For the Affordable Care Act—Private insurance issuer or third-party additional substantive information Sector about this ICR, see the related notice administrator providing or arranging published in the Federal Register on ACTION: Notice of availability; request payments for contraceptive services for November 17, 2017 (82 FR 54418). for comments. participants and beneficiaries in plans Interested parties are encouraged to (or student enrollees and covered send comments to the OMB, Office of SUMMARY: The Department of Labor dependents in student health insurance Information and Regulatory Affairs at (DOL) is submitting the Employee coverage) of eligible organizations must the address shown in the ADDRESSES Benefits Security Administration generally provide a written notice to section within thirty (30) days of (EBSA) sponsored information such plan participants and beneficiaries publication of this notice in the Federal collection request (ICR) revision titled, (or such student enrollees and covered Register. In order to help ensure ‘‘Coverage of Certain Preventive dependents) informing them of the appropriate consideration, comments Services under the Affordable Care availability of such payments. To satisfy should mention OMB Control Number Act—Private Sector,’’ to the Office of the notice requirement, issuers and 1220–0079. The OMB is particularly Management and Budget (OMB) for third-party administrators may use the interested in comments that: review and approval for use in model language set forth in final • Evaluate whether the proposed accordance with the Paperwork regulations issued on October 13, 2017, collection of information is necessary Reduction Act (PRA) of 1995. Public or substantially similar language. See 78 for the proper performance of the comments on the ICR are invited. FR 39893. To avoid contracting,
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arranging, paying, or referring for Register. In order to help ensure to the Office of Management and Budget contraceptive coverage, an organization appropriate consideration, comments (OMB) for review and approval for seeking to be treated as an eligible should mention OMB Control Number continued use, without change, in organization under the final regulations 1210–0150. The OMB is particularly accordance with the Paperwork may self-certify—by using EBSA Form interested in comments that: Reduction Act of 1995 (PRA). Public 700—that the organization meets the • Evaluate whether the proposed comments on the ICR are invited. definition of an eligible organization. collection of information is necessary DATES: The OMB will consider all This ICR has been classified as a for the proper performance of the written comments that agency receives revision for two reasons. First, the functions of the agency, including on or before May 29, 2018. information collection requirements whether the information will have ADDRESSES: A copy of this ICR with related to for-profit firms and not-for practical utility; applicable supporting documentation; • profit institutions were previously Evaluate the accuracy of the including a description of the likely approved under separate OMB Control agency’s estimate of the burden of the respondents, proposed frequency of Numbers (1210–0150 and 1210–0152). proposed collection of information, response, and estimated total burden The Department is now combining the including the validity of the may be obtained free of charge from the collections, as the requirements are methodology and assumptions used; RegInfo.gov website at http:// • identical for all private sector Enhance the quality, utility, and www.reginfo.gov/public/do/ respondents. In addition, the clearance clarity of the information to be PRAViewICR?ref_nbr=201712-1220-004 is being revised to align the approval collected; and • (this link will only become active on the with injunctive activity by suspending Minimize the burden of the day following publication of this notice) the information collection requirements collection of information on those who or by contacting Michel Smyth by related to the notice to enrollees about are to respond, including through the telephone at 202–693–4129, TTY 202– the availability of separate payments for use of appropriate automated, 693–8064, (these are not toll-free contraceptive services and the notice of electronic, mechanical, or other numbers) or by email at DOL_PRA_ revocation of an accommodation. See technological collection techniques or [email protected]. California v. Health and Human other forms of information technology, Submit comments about this request Services, et al., 281 F. Supp. 3d 806, 813 e.g., permitting electronic submission of by mail to the Office of Information and (N.D. Cal. 2017); Pennsylvania v. responses. Regulatory Affairs, Attn: OMB Desk Trump, 281 F. Supp. 3d 553, 561 (E.D. Agency: DOL–EBSA. Officer for DOL–BLS, Office of Pa. 2017). Employee Retirement Income Title of Collection: Coverage of Management and Budget, Room 10235, Security Act of 1974 section 508 Certain Preventive Services under the 725 17th Street NW, Washington, DC authorizes this information collection. Affordable Care Act—Private Sector. 20503; by Fax: 202–395–5806 (this is See 29 U.S.C. 1059. OMB Control Number: 1210–0150. not a toll-free number); or by email: This information collection is subject Affected Public: Private Sector— [email protected]. to the PRA. A Federal agency generally businesses or other for-profits and not- Commenters are encouraged, but not cannot conduct or sponsor a collection for-profit institutions. required, to send a courtesy copy of any Total Estimated Number of of information, and the public is comments by mail or courier to the U.S. Respondents: 5. generally not required to respond to an Department of Labor-OASAM, Office of Total Estimated Number of information collection, unless it is the Chief Information Officer, Attn: approved by the OMB under the PRA Responses: 5. Total Estimated Annual Time Burden: Departmental Information Compliance and displays a currently valid OMB Management Program, Room N1301, Control Number. In addition, 4 hours. Total Estimated Annual Other Costs 200 Constitution Avenue NW, notwithstanding any other provisions of Washington, DC 20210; or by email: law, no person shall generally be subject Burden: $1. [email protected]. to penalty for failing to comply with a Authority: 44 U.S.C. 3507(a)(1)(D). collection of information that does not FOR FURTHER INFORMATION CONTACT: Dated: April 23, 2018. display a valid Control Number. See 5 Michel Smyth by telephone at 202–693– CFR 1320.5(a) and 1320.6. The DOL Michel Smyth, 4129, TTY 202–693–8064, (these are not Departmental Clearance Officer. toll-free numbers) or by email at DOL_ obtains OMB approval for this _ information collection under Control [FR Doc. 2018–08890 Filed 4–26–18; 8:45 am] PRA [email protected]. Number 1210–0150. The current BILLING CODE 4510–29–P SUPPLEMENTARY INFORMATION: This ICR approval is scheduled to expire on April seeks to extend PRA authority for the 30, 2018; however, the DOL notes that Survey of Occupational Injuries and existing information collection DEPARTMENT OF LABOR Illnesses (SOII) information collection. requirements submitted to the OMB The SOII is the primary indicator of the Office of the Secretary receive a month-to-month extension Nation’s progress in providing every working man and woman safe and while they undergo review. New Agency Information Collection healthful working conditions. The requirements would only take effect Activities; Submission for OMB survey measures the overall rate of work upon OMB approval. For additional Review; Comment Request; Survey of injuries and illnesses by industry. In substantive information about this ICR, Occupational Injuries and Illnesses see the related notice published in the addition, survey data are used to Federal Register on October 13, 2017 ACTION: Notice of availability; request evaluate the effectiveness of Federal and (82 FR 47769). for comments. State programs and to prioritize scarce Interested parties are encouraged to resources. Respondents include send comments to the OMB, Office of SUMMARY: The Department of Labor employers who maintain related records Information and Regulatory Affairs at (DOL) is submitting the Bureau of Labor in accordance with the Occupational the address shown in the ADDRESSES Statistics (BLS) sponsored information Safety and Health Act (OSH Act) and section within thirty (30) days of collection request (ICR) titled, ‘‘Survey employers who are normally exempt publication of this notice in the Federal of Occupational Injuries and Illnesses,’’ from such recordkeeping. Each year a
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sample of exempt employers is required e.g., permitting electronic submission of INFORMATION CONTACT section below on to keep records and participate in the responses. or before May 29, 2018. survey. OSH Act sections 8(c) and 24(a) Agency: DOL–BLS. OMB is particularly interested in authorize this information collection. Title of Collection: Survey of comments that help the agency to: See 29 U.S.C. 657(c), 673(a). Occupational Injuries and Illnesses. • Evaluate whether the proposed This information collection is subject OMB Control Number: 1220–0045. collection of information is necessary for the to the PRA. A Federal agency generally Affected Public: State, Local, and proper performance of the functions of the cannot conduct or sponsor a collection Tribal Governments; Individuals or agency, including whether the information of information, and the public is Households; and Private Sector— will have practical utility; generally not required to respond to an businesses or other for-profits, farms, • Evaluate the accuracy of the agency’s information collection, unless it is and not-for-profit institutions. estimate of the burden of the proposed Total Estimated Number of collection of information, including the approved by the OMB under the PRA validity of the methodology and assumptions and displays a currently valid OMB Respondents: 243,520. Total Estimated Number of used; Control Number. In addition, • Enhance the quality, utility, and clarity notwithstanding any other provisions of Responses: 243,520. of the information to be collected; and law, no person shall generally be subject Total Estimated Annual Time Burden: • Minimize the burden of the collection of to penalty for failing to comply with a 311,644 hours. information on those who are to respond, collection of information that does not Total Estimated Annual Other Costs including through the use of appropriate display a valid Control Number. See 5 Burden: $0. automated, electronic, mechanical, or other Authority: 44 U.S.C. 3507(a)(1)(D). technological collection techniques or other CFR 1320.5(a) and 1320.6. The DOL forms of information technology (e.g., obtains OMB approval for this Dated: April 23, 2018. permitting electronic submission of information collection under Control Michel Smyth, responses). Number 1220–0045. Departmental Clearance Officer. The current approval for this ADDRESSES: Comments should be sent to collection is scheduled to expire on [FR Doc. 2018–08895 Filed 4–26–18; 8:45 am] Office of Information and Regulatory December 31, 2018. The DOL seeks to BILLING CODE 4510–24–P Affairs, Attn.: OMB Desk Officer for extend PRA authorization through Education, Office of Management and December 31, 2019, without any change Budget, Room 10235, Washington, DC to existing requirements. The DOL notes NATIONAL FOUNDATION ON THE 20503, (202) 395–7316. that existing information collection ARTS AND THE HUMANITIES FOR FURTHER INFORMATION CONTACT: Dr. requirements submitted to the OMB Sandra Webb, Director of Grant Policy Institute of Museum and Library receive a month-to-month extension and Management, Institute of Museum Services while they undergo review. For and Library Services, 955 L’Enfant Plaza additional substantive information Submission for OMB Review, North SW, Suite 4000, Washington, DC about this ICR, see the related notice Comment Request, Proposed 20024–2135. Dr. Webb can be reached published in the Federal Register on Collection: IMLS Grants to States by Telephone: 202–653–4718 Fax: 202– May 19, 2016 (82 FR 31666). Program ‘‘State Program Reporting 653–4608, or by email at swebb@ Interested parties are encouraged to System (SPR) Forms imls.gov, or by teletype (TTY/TDD) for send comments to the OMB, Office of persons with hearing difficulty at 202– Information and Regulatory Affairs at AGENCY: Institute of Museum and 653–4614. the address shown in the ADDRESSES Library Services, National Foundation SUPPLEMENTARY INFORMATION: The section within thirty (30) days of on the Arts and the Humanities. Institute of Museum and Library publication of this notice in the Federal ACTION: Submission for OMB Review, Services is the primary source of federal Register. In order to help ensure Comment Request. support for the nation’s libraries and appropriate consideration, comments museums. We advance, support, and should mention OMB Control Number SUMMARY: The Institute of Museum and empower America’s museums, libraries, 1220–0045. The OMB is particularly Library Services announces the and related organizations through grant interested in comments that: following information collection has making, research, and policy • Evaluate whether the proposed been submitted to the Office of development. Our vision is a nation collection of information is necessary Management and Budget (OMB) for where museums and libraries work for the proper performance of the review and approval in accordance with together to transform the lives of functions of the agency, including the Paperwork Reduction Act. This individuals and communities. To learn whether the information will have program helps to ensure that requested more, visit www.imls.gov. practical utility; data can be provided in the desired Current Actions: This notice proposes • Evaluate the accuracy of the format, reporting burden (time and the clearance of the IMLS Grants to agency’s estimate of the burden of the financial resources) is minimized, States Program ‘‘State Program proposed collection of information, collection instruments are clearly Reporting System (SPR) Forms and including the validity of the understood, and the impact of collection Instructions. The 60-day Notice for the methodology and assumptions used; requirements on respondents can be ‘‘Notice of Proposed Information • Enhance the quality, utility, and properly assessed. This notice proposes Collection Requests: 2019–2021 IMLS clarity of the information to be the clearance of the IMLS Grants to Grants to States Program ‘‘State Program collected; and States Program ‘‘State Program Reporting System (SPR) Forms were • Minimize the burden of the Reporting System (SPR) Forms. published in the Federal Register on collection of information on those who A copy of the proposed information February 28, 2018 (83 FR 8711). The are to respond, including through the collection request can be obtained by agency has taken into consideration the use of appropriate automated, contacting the individual listed below one comment that was received under electronic, mechanical, or other in the ADDRESSES section of this notice. this notice. technological collection techniques or DATES: Comments must be submitted to This action is to renew the forms and other forms of information technology, the office listed in the FOR FURTHER instructions for the IMLS Grants to
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States Program ‘‘State Program have been partnering on a NATIONAL SCIENCE FOUNDATION Reporting System’’ for the next three comprehensive planning and evaluation years. These forms include: initiative called ‘‘Measuring Success.’’ Agency Information Collection Activities: Comment Request • SPR Reporting System User This multi-year effort has fundamentally Documentation shifted the way in which Grants to AGENCY: National Science Foundation. • Grants to States Program Report States final report information is ACTION: Submission for OMB review; • Financial Status Report gathered and shared, and it is improving comment request. • SPR Phase 3 Reporting program accountability, reporting, • State Legal Officer’s Certification of the evaluation, and assessment. The SPR SUMMARY: The National Science Authorized Certifying Official has been developed in phases, in Foundation (NSF) has submitted the • internet Safety Certification for Applicant Public Libraries, Public concert with a small group of SLAAs following information collection Elementary and Secondary School Libraries, acting as pilots for each phase. Roughly, requirement to OMB for review and and Consortia with Public and/or Public these phases corresponded to: clearance under the Paperwork School Libraries Framework and question development; Reduction Act of 1995. This is the The Grants to States program is the descriptive reporting for the two year second notice for public comment; the largest source of Federal funding award; and finally the incorporation of first was published in the Federal support for library services in the U.S. the performance measurement Register on February 14, 2018, and no Using a population based formula, more reporting. Currently, all phases have comments were received. NSF is than $150 million is distributed among been rolled out and are reflected in the forwarding the proposed renewal the State Library Administrative documentation submitted for the three submission to the Office of Management Agencies (SLAAs) every year. SLAAs year approval. The Measuring Success and Budget (OMB) for clearance are official agencies charged by law with initiative has driven the development of simultaneously with the publication of the extension and development of the data reporting and analysis system this second notice. The full submission library services, and they are located in: (database) that replaces the older may be found at: http:// narrative State Program Report system. www.reginfo.gov/public/do/PRAMain. • Each of the 50 States of the United FOR FURTHER INFORMATION CONTACT: States, and the District of Columbia; The SPR development was guided by • The Territories (the Commonwealth of a data reporting and collection Comments should be addressed to: Puerto Rico, the U.S. Virgin Islands, Guam, framework that balances the need for Office of Information and Regulatory American Samoa, and the Commonwealth of descriptive information to monitor Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725 the Northern Mariana Islands); and compliance with award conditions with • The Freely Associated States (the 7th Street NW, Room 10235, the need for data on performance Republic of the Marshall Islands, the Washington, DC 20503, and to Suzanne measures to assess the impact of the Federated States of Micronesia, and the H. Plimpton, Reports Clearance Officer, public funds. By gathering project data Republic of Palau). National Science Foundation, 2415 more consistently, IMLS is better able to Each year, over 1,500 Grants to States Eisenhower Avenue, Room W18000, compare projects within and across projects support the purposes and Alexandria, Virginia 22314, or send states and demonstrate the impact of priorities outlined in the Library email to [email protected]. Copies of the public funds on library services. States Services and Technology Act (LSTA). submission may be obtained by calling are also able to share information about (See 20 U.S.C. 9121 et seq.) SLAAs may Ms. Plimpton at (703) 292–7556. their projects both within the library use the funds to support statewide Individuals who use a community and with the public at large. initiatives and services, and they may telecommunications device for the deaf also distribute the funds through Agency: Institute of Museum and (TDD) may call the Federal Information competitive subawards (subgrants or Library Services. Relay Service (FIRS) at 1–800–877– cooperative agreements) to public, Title: IMLS Grants to States Program 8339, which is accessible 24 hours a academic, research, school, or special ‘‘State Program Reporting System (SPR) day, 7 days a week, 365 days a year libraries or library consortia (for-profit Forms. (including federal holidays). and Federal libraries are not eligible). NSF may not conduct or sponsor a Each SLAA must submit a plan that OMB Number: 3137–0071. collection of information unless the details library services goals for a five- Frequency: Once per year. collection of information displays a currently valid OMB control number year period. (20 U.S.C 9134). SLAAs Affected Public: State Library and the agency informs potential must also conduct a five-year evaluation Administrative Agencies. of library services based on that plan. persons who are to respond to the These plans and evaluations are the Number of Respondents: 56. collection of information that such foundation for improving practice and Estimated Average Burden per persons are not required to respond to informing policy. Each SLAA receives Response: 47.83 hours. the collection of information unless it IMLS funding to support the five year Estimated Total Annual Burden: displays a currently valid OMB control number. period through a series of overlapping, 2,678 hours. two year grant awards. SUPPLEMENTARY INFORMATION: Each SLAA must file interim and final Total Annualized capital/startup Comments: Comments are invited on financial reports, as well as final costs: n/a. (a) whether the proposed collection of performance reports for each of these Total Annual costs: $74,113. information is necessary for the proper two year grants. Since 2002, the final performance of the functions of the Dated: April 24, 2018. performance reporting has been NSF, including whether the information accomplished through IMLS’ State Kim Miller, shall have practical utility; (b) the Program Reporting (SPR) system. To Grants Management Specialist, Office of accuracy of the NSF’s estimate of the improve how IMLS measures the impact Grants Policy and Management. burden of the proposed collection of of the Federal investment in the Grants [FR Doc. 2018–08936 Filed 4–26–18; 8:45 am] information; (c) ways to enhance the to States program, IMLS and SLAAs BILLING CODE 7036–01–P quality, utility, and clarity of the
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information on respondents, including innovation in the Division of Industrial partnerships across the scientific, through the use of automated collection Innovation and Partnerships (IIP). IIP engineering, and business community. techniques or other forms of information programs serve the entire foundation by In addition, the IIP leverages industrial technology; and (d) ways to minimize fostering partnerships to advance support through the Industry/University the burden of the collection of technological innovation and plays an Cooperative Research Centers (I/UCRC) information on those who are to important role in the public-private program. The division also actively respond, including through the use of innovation partnership enterprise by participates in NSF-wide programs, appropriate automated, electronic, investing in science and engineering such as the Grants Opportunities for mechanical, or other technological research across all disciplines that have Academic Liaison with Industry collection techniques or other forms of the potential for high impact in meeting (GOALI) program. Another NSF-wide information technology. national and societal needs. IIP focuses program in which IIP actively Title: Engineering Industrial on leveraging federal, small business, participates is the Innovation Corps Innovation and Partnerships (IIP) industrial, university, state and program (I-Corps), which equips Program Monitoring Data Collections. community college resources. scientists with the entrepreneurial tools OMB Control Number: 3145–0238. Genuine partnerships between needed to transform discoveries with Proposed Project: NSF provides academe and industry are an important commercial realization potential into nearly 20 percent of federal funding for aspect of IIP programs and should innovative technologies.2 ENG-funded basic research to academic institutions.1 facilitate the types of infrastructure that projects could include research Within NSF, the Directorate for can sustain and nurture the spread of opportunities and mentoring for Engineering (ENG) has primary innovative activity. educators, scholars, small businesses responsibility for promoting the Innovation infrastructures educate and university students. progress of engineering in the United and train human capital for the research These survey questionnaires, States in order to enable the Nation’s enterprise and the entrepreneurial individually tailored to measure outputs capacity to perform. Its investments in aspects of innovation; develop social and outcomes for different programs, engineering research and education aim networks characterized by shared will provide essential information for to build and strengthen a national commitment and trust; and build a base program monitoring purposes. capacity for innovation that can lead of operational support without which Data collected by ENG IIP program over time to the creation of new shared sustainable partnerships cannot exist. monitoring collections will be used for wealth and a better quality of life. Most This support includes a diversified base program planning, management, and NSF programs in engineering are funded of private investment, a physical place evaluation. Summaries of monitoring through the Directorate for Engineering, to provide a context for incubation, data are used to respond to queries from which also sponsors the NSF’s technical, management, and Congress, the public, NSF’s external Industrial Innovation and Partnerships administrative support, laboratories, merit reviewers who serve as advisors, (IIP) Division. To these ends, ENG communications services, and reliable including Committees of Visitors provides support for research and sources of capital. One end of the (COVs), and NSF’s Office of the implementation activities that may meet innovation spectrum within the division Inspector General. These data are national needs. While scientists seek to includes unsolicited research proposals needed for effective administration, discover what is not yet known, generated by the academic community. program and project monitoring, engineers apply fundamental science to On the other end of the innovation evaluation, and for measuring design and develop new devices and spectrum, IIP supports small business attainment of NSF’s program and engineered systems to solve societal research proposals aimed at pursuing strategic goals, as identified by the problems. ENG also focuses on opportunities to commercialize President’s Accountable Government broadening participation in engineering products and services. Initiative, the Government Performance research and careers, particularly among IIP is home to the two Congressionally and Results Act (GPRA) Modernization those individuals traditionally mandated small business research Act of 2010, and NSF’s Strategic Plan. underrepresented and underemployed programs, the Small Business The eight (8) program-specific in the STEM workforce, including but Innovation Research (SBIR) program collections included in this request are not limited to, women, persons with and the Small Business Technology designed to assist in management of disabilities, and racial and ethnic Transfer (STTR) program. IIP also specific programs and to serve as data minorities. manages the Partnerships for resources for current and future program This request seeks approval for a Innovation: Accelerating Innovation evaluations. As such, expected group of information collections Research (PFI:AIR) as well as the outcomes could vary according to the intended to monitor outputs, short-term, Partnerships for Innovation: Building nature of the program funding, field of intermediate and long-term outcomes of Innovation Capacity (PFI:BIC) program, study, and other program NSF–ENG investments in research and which stimulate innovation by building characteristics.
Office Programs
Industrial Innovation and Partnerships (IIP) ...... Grant Opportunities for Academic Liaison with Industry (GOALI). Innovation Corps (I-Corps). Partnerships For Innovation: Accelerating Innovation Research (PFI: AIR). Partnerships For Innovation: Building Innovation Capacity (PFI:BIC). Small Business Innovation Research (SBIR).
1 National Science Foundation. (2012). NSF at a 2 National Science Foundation. (2014) About IIP. glance. Retrieved from http://www.nsf.gov/about/ Retrieved from http://www.nsf.gov/eng/iip/ glance.jsp. about.jsp.
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This data collection effort will enable indicators are both quantitative and reports, historical data, program level program officers to longitudinally descriptive and may include, for studies and evaluations, and for monitor outputs and outcomes given the example, the characteristics of project securing future funding for the ENG unique goals and purpose of their personnel and students; sources of program maintenance and growth. programs. This is very important to complementary cash and in-kind These data could be used for program enable appropriate and accurate support to the ENG project; evaluation purposes if deemed evidence-based management of the characteristics of industrial and/or other necessary for a particular program. programs and to determine whether or sector participation; research activities; Evaluation designs could make use of not the specific goals of the programs education activities; knowledge transfer metadata associated with the award, and are being met. activities; patents, licenses; other characteristics to identify a Grantees will be invited to submit this publications; descriptions of significant comparison group to evaluate the information on a periodic basis via data advances and other outcomes of the collection methods that include but are ENG-funded effort. impact of the program funding and not limited to online surveys, Use of the Information: The data other interesting research questions. interviews, phone interviews, etc. These collected will be used for NSF internal
ESTIMATE OF BURDEN
Annual Number of number Annual hour Collection title respondents of hours/ burden respondents
Grant Opportunities for Academic Liaison with Industry (GOALI) ...... 200 1 200 Innovation Corps (I-Corps) Longitudinal Collection ...... 700 1 700 Innovation Corps (I-Corps) Pre-Course Survey Questionnaire ...... 800 .5 400 Innovation Corps (I-Corps) Post-Course Survey Questionnaire ...... 800 .5 400 Partnerships for Innovation: Accelerating Innovation Research (PFI:AIR) ...... 200 1 200 Partnerships for Innovation: Building Innovation Capacity (PFI:BIC) ...... 30 1 30 Small Business Innovation Research (SBIR)/Small Business Technology Transfer (STTR) ..... 800 2 1,600 SBIR Baseline Monitoring Survey ...... 800 2 1,600
Total ...... 4,430 8.5 4,880
Respondents: The respondents are notice is hereby given that on April 11, counter market pursuant to FINRA Form 211 PIs, partners or students. For some 2018, The Nasdaq Stock Market LLC immediately prior to the initial pricing, programs (I-Corps) the burden already (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the provided that a broker-dealer serving in the includes a response from 3 members of Securities and Exchange Commission role of financial advisor to the issuer of the securities being listed is willing to perform the team in the pre- and post surveys. (‘‘Commission’’) the proposed rule the functions under Rule 4120(c)[(7)(B)](8) For all others, one PI or assignee per change as described in Items I and II that are performed by an underwriter with award completes the questionnaire. below, which Items have been prepared respect to an initial public offering. Estimated Number of Responses per by the Exchange. The Commission is (10) No change. Report: One. publishing this notice to solicit * * * * * Dated: April 23, 2018. comments on the proposed rule change from interested persons. II. Self-Regulatory Organization’s Suzanne H. Plimpton, Statement of the Purpose of, and Reports Clearance Officer, National Science I. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule Foundation. Statement of the Terms of Substance of Change [FR Doc. 2018–08863 Filed 4–26–18; 8:45 am] the Proposed Rule Change BILLING CODE 7555–01–P In its filing with the Commission, the The Exchange proposes to change Exchange included statements Rule 4120 to correct a citation. concerning the purpose of and basis for SECURITIES AND EXCHANGE The text of the proposed rule change the proposed rule change and discussed COMMISSION is set forth below. Proposed new any comments it received on the language is italicized; deleted text is in proposed rule change. The text of these [Release No. 34–83091; File No. SR– brackets. NASDAQ–2018–029] statements may be examined at the * * * * * places specified in Item IV below. The Self-Regulatory Organizations; The Exchange has prepared summaries, set 4120. Limit Up-Limit Down Plan and forth in sections A, B, and C below, of Nasdaq Stock Market LLC; Notice of Trading Halts Filing and Immediate Effectiveness of the most significant aspects of such (a)–(b) No change. statements. Proposed Rule Change to Rule 4120 To (c) Procedure for Initiating and Correct a Citation Terminating a Trading Halt A. Self-Regulatory Organization’s (1)–(8) No change. April 23, 2018. Statement of the Purpose of, and (9) For purposes of this Rule and Rule Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule 4753, the process for halting and initial Change Securities Exchange Act of 1934 pricing of a security that is the subject of an (‘‘Act’’),1 and Rule 19b–4 thereunder,2 initial public offering shall also be available 1. Purpose for the initial pricing of any other security 1 15 U.S.C. 78s(b)(1). that has not been listed on a national Nasdaq is proposing to correct a rule 2 17 CFR 240.19b–4. securities exchange or traded in the over-the- reference found in Rule 4120.
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In 2014, Nasdaq amended Rule the protection of investors or the public change is consistent with the Act. 4120(c) to modify the parameters for interest; (ii) impose any significant Comments may be submitted by any of releasing securities for trading upon the burden on competition; and (iii) become the following methods: termination of a trading halt in a operative for 30 days from the date on Electronic Comments security that is the subject of an initial which it was filed, or such shorter time public offering.3 As part of this as the Commission may designate, it has • Use the Commission’s internet amendment, Nasdaq modified the become effective pursuant to Section comment form (http://www.sec.gov/ functions that are performed by an 19(b)(3)(A) of the Act 6 and Rule 19b– rules/sro.shtml); or underwriter under former Rule 4(f)(6) thereunder.7 • Send an email to rule-comments@ 4120(c)(7)(B) with respect to an initial A proposed rule change filed sec.gov. Please include File Number SR– public offering and renumbered such pursuant to Rule 19b–4(f)(6) under the NASDAQ–2018–029 on the subject line. rule to Rule 4120(c)(8). However, Act 8 normally does not become Nasdaq inadvertently did not update a operative for 30 days after the date of its Paper Comments reference in Rule 4120(c)(9) to former filing. However, Rule 19b–4(f)(6)(iii) 9 • Send paper comments in triplicate Rule 4120(c)(7)(B) to reflect such permits the Commission to designate a to Secretary, Securities and Exchange renumbering. shorter time if such action is consistent Commission, 100 F Street NE, Accordingly, Nasdaq proposes to with the protection of investors and the Washington, DC 20549–1090. amend the reference in Rule 4120(c)(9) public interest. The Exchange has asked to correctly cite to Rule 4120(c)(8). the Commission to waive the 30-day All submissions should refer to File Number SR–NASDAQ–2018–029. This 2. Statutory Basis operative delay so that the proposal may become operative immediately upon file number should be included on the The Exchange believes that its filing. Waiver of the operative delay subject line if email is used. To help the proposal is consistent with Section 6(b) would allow the Exchange to Commission process and review your of the Act,4 in general, and furthers the immediately correct a rule reference and comments more efficiently, please use objectives of Section 6(b)(5) of the Act,5 thus eliminate any potential confusion only one method. The Commission will in particular, in that it is designed to caused by the currently incorrect rule post all comments on the Commission’s promote just and equitable principles of reference. The Commission believes that internet website (http://www.sec.gov/ trade, to remove impediments to and waiver of the 30-day operative delay is rules/sro.shtml). Copies of the perfect the mechanism of a free and consistent with the protection of submission, all subsequent open market and a national market investors and the public interest. amendments, all written statements system, and, in general to protect Therefore, the Commission hereby with respect to the proposed rule investors and the public interest. The waives the 30-day operative delay and change that are filed with the proposed rule change is consistent with designates the proposal operative upon Commission, and all written these provisions in that it will eliminate filing.10 communications relating to the confusion about Nasdaq rules by proposed rule change between the updating an inaccurate cross-reference, At any time within 60 days of the filing of the proposed rule change, the Commission and any person, other than without changing the substance of the those that may be withheld from the rules. Commission summarily may temporarily suspend such rule change if public in accordance with the B. Self-Regulatory Organization’s it appears to the Commission that such provisions of 5 U.S.C. 552, will be Statement on Burden on Competition action is necessary or appropriate in the available for website viewing and printing in the Commission’s Public The Exchange does not believe that public interest, for the protection of investors, or otherwise in furtherance of Reference Room, 100 F Street NE, the proposed rule change will impose Washington, DC 20549, on official any burden on competition not the purposes of the Act. If the Commission takes such action, the business days between the hours of necessary or appropriate in furtherance 10:00 a.m. and 3:00 p.m. Copies of the of the purposes of the Act. The Commission shall institute proceedings to determine whether the proposed rule filing also will be available for proposed rule change will have no inspection and copying at the principal impact on competition as it merely change should be approved or disapproved. office of the Exchange. All comments eliminates potential confusion by received will be posted without change. clarifying the existing rule without IV. Solicitation of Comments Persons submitting comments are changing its substance. Interested persons are invited to cautioned that we do not redact or edit C. Self-Regulatory Organization’s submit written data, views, and personal identifying information from Statement on Comments on the arguments concerning the foregoing, comment submissions. You should Proposed Rule Change Received From including whether the proposed rule submit only information that you wish Members, Participants, or Others to make available publicly. All 6 submissions should refer to File No written comments were either 15 U.S.C. 78s(b)(3)(A). 7 Number SR–NASDAQ–2018–029 and solicited or received. 17 CFR 240.19b–4(f)(6). As required under Rule 19b–4(f)(6)(iii), the Exchange provided the should be submitted on or before May III. Date of Effectiveness of the Commission with written notice of its intent to file 18, 2018. the proposed rule change, along with a brief Proposed Rule Change and Timing for description and the text of the proposed rule For the Commission, by the Division of Commission Action change, at least five business days prior to the date Trading and Markets, pursuant to delegated Because the foregoing proposed rule of filing of the proposed rule change, or such authority.11 shorter time as designated by the Commission. Eduardo A. Aleman, change does not: (i) Significantly affect 8 17 CFR 240.19b–4(f)(6). 9 17 CFR 240.19b–4(f)(6)(iii). Assistant Secretary. 3 Securities Exchange Act Release No. 73399 10 For purposes only of waiving the 30-day [FR Doc. 2018–08849 Filed 4–26–18; 8:45 am] (October 21, 2014), 79 FR 63981 (October 27, 2014) operative delay, the Commission has also BILLING CODE 8011–01–P (approving SR–NASDAQ–2014–81). considered the proposed rule’s impact on 4 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See 5 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE affidavit or, for lawyers, a certificate of stock at a particular point in time or a COMMISSION service. Pursuant to Rule 0–5 under the fixed percentage of net asset value at a Act, hearing requests should state the particular time or a fixed amount per [Investment Company Act Release No. 33075; File No. 812–14857] nature of the writer’s interest, any facts share of common stock, any of which bearing upon the desirability of a may be adjusted from time to time. hearing on the matter, the reason for the The Swiss Helvetia Fund, Inc., et al. 3. Applicants request an order under request, and the issues contested. section 6(c) of the Act granting an April 23, 2018. Persons who wish to be notified of a AGENCY: Securities and Exchange hearing may request notification by exemption from section 19(b) of the Act Commission (‘‘Commission’’). writing to the Commission’s Secretary. and rule 19b–1 to permit a Fund to distribute periodic capital gain ACTION: Notice. ADDRESSES: The Commission: Secretary, U.S. dividends (as defined in section Notice of an application under section Securities and Exchange Commission, 852(b)(3)(C) of the Code) as frequently 6(c) of the Investment Company Act of 100 F Street NE, Washington, DC as twelve times in any one taxable year 1940 (‘‘Act’’) for an exemption from 20549–1090. in respect of its common stock and as section 19(b) of the Act and rule 19b– Applicants: Carin F. Muhlbaum, often as specified by, or determined in 1 under the Act to permit a registered Schroder Investment Management North accordance with the terms of, any closed-end investment company to America Inc., 7 Bryant Park, New York, preferred stock issued by the Fund. make periodic distributions of long-term NY 10018 and Nicole M. Runyan, Esq., Section 6(c) of the Act provides, in capital gains more frequently than Proskauer Rose LLP, Eleven Times relevant part, that the Commission may permitted by section 19(b) or rule Square, New York, NY 10036. exempt any person or transaction from 19b–1. FOR FURTHER INFORMATION CONTACT: Jean any provision of the Act to the extent APPLICANTS: The Swiss Helvetia Fund, E. Minarick, Senior Counsel at (202) that such exemption is necessary or Inc. (the ‘‘Fund’’), a non-diversified 551–6811, or Kaitlin C. Bottock, Branch appropriate in the public interest and closed-end investment company Chief, at (202) 551–6825 (Division of consistent with the protection of registered under the Act and organized Investment Management, Chief investors and the purposes fairly as a corporation under the laws of Counsel’s Office). intended by the policy and provisions of Delaware, and Schroder Investment SUPPLEMENTARY INFORMATION the Act. Management North America Inc., a : The corporation organized under the laws of following is a summary of the 4. Applicants state that any order the state of Delaware (‘‘SIMNA’’), and application. The complete application granting the requested relief will be Schroder Investment Management North may be obtained via the Commission’s subject to the terms and conditions America Limited, a corporation website by searching for the file stated in the application, which organized under the laws of the United number, or for an applicant using the generally are designed to address the Company name box, at http:// Kingdom (‘‘SIMNA Ltd.’’), each concerns underlying section 19(b) and www.sec.gov/search/search.htm, or by registered under the Investment rule 19b–1, including concerns about calling (202) 551–8090. Advisers Act of 1940, and serving as proper disclosures and shareholders’ investment adviser and sub-adviser to Summary of the Application understanding of the source(s) of a the Fund, respectively (together with 1. Section 19(b) of the Act generally Fund’s distributions and concerns about the Fund, the ‘‘Applicants’’).1 makes it unlawful for any registered improper sales practices. Among other FILING DATES: The application was filed investment company (‘‘fund’’) to make things, such terms and conditions on December 22, 2017, and amended on long-term capital gains distributions require that (1) the board of directors or April 12, 2018. more than once every twelve months. trustees of the Fund (the ‘‘Board’’) HEARING OR NOTIFICATION OF HEARING: An Rule 19b–1 under the Act limits to one review such information as is order granting the application will be the number of capital gain dividends, as reasonably necessary to make an issued unless the Commission orders a defined in section 852(b)(3)(C) of the informed determination of whether to hearing. Interested persons may request Internal Revenue Code of 1986 (‘‘Code,’’ adopt the proposed Distribution Policy a hearing by writing to the and such dividends, ‘‘distributions’’), and that the Board periodically review Commission’s Secretary and serving that a fund may make with respect to the amount of the distributions in light applicants with a copy of the request, any one taxable year, plus a of the investment experience of the personally or by mail. Hearing requests supplemental distribution made Fund, and (2) that the Fund’s should be received by the Commission pursuant to section 855 of the Code not shareholders receive appropriate by 5:30 p.m. on May 18, 2018, and exceeding 10% of the total amount disclosures concerning the should be accompanied by proof of distributed for the year, plus one distributions. service on applicants, in the form of an additional capital gain dividend made in whole or in part to avoid the excise For the Commission, by the Division of 1 Applicants request that the order also apply to tax under section 4982 of the Code. Investment Management, under delegated each other registered closed-end investment authority. company advised or to be advised in the future by 2. Applicants believe that investors in SIMNA or SIMNA Ltd. or by an entity controlling, certain closed-end funds may prefer an Eduardo A. Aleman, controlled by, or under common control (within the investment vehicle that provides regular Assistant Secretary. meaning of section 2(a)(9) of the Act) with SIMNA current income through a fixed [FR Doc. 2018–08846 Filed 4–26–18; 8:45 am] or SIMNA Ltd. (including any successor in interest) distribution policy (‘‘Distribution (each such entity, together with SIMNA and SIMNA BILLING CODE 8011–01–P Ltd., the ‘‘Advisers’’) that in the future seeks to rely Policy’’). Applicants propose that the on the order (such investment companies, together Fund be permitted to adopt a with the Fund, are collectively the ‘‘Funds’’ and, Distribution Policy, pursuant to which individually, a ‘‘Fund’’). A successor in interest is limited to entities that result from a reorganization the Fund would distribute periodically into another jurisdiction or a change in the type of to its stockholders a fixed percentage of business organization. the market price of the Fund’s common
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SECURITIES AND EXCHANGE I. Summary of the Proposal 7 benchmark.10 The 1X Bear Fund and the COMMISSION The Exchange proposes to list and 2X Bear Fund will seek daily inverse trade the Shares under NYSE Arca Rule investment results (before fees and [Release No. 34–83094; File No. SR– expenses) that are ¥100% or ¥200%, NYSEArca–2018–02] 8.200–E, Commentary .02, which governs the listing and trading of Trust respectively, of the daily return of the 11 Self-Regulatory Organizations; NYSE Issued Receipts on the Exchange.8 Each target benchmark. Arca, Inc.; Order Instituting Fund will be a series of the Direxion The target benchmark’s value will be Proceedings To Determine Whether To Shares ETF Trust II (‘‘Trust’’), and the calculated as the last sale price Approve or Disapprove a Proposed Trust and the Funds will be managed published by the CME or the CBOE, or Rule Change Relating to Listing and and controlled by Direxion Asset any other U.S. exchange that Trading of the Direxion Daily Bitcoin Management, LLC (‘‘Sponsor’’). Bank of subsequently trades bitcoin futures Bear 1X Shares, Direxion Daily Bitcoin New York Mellon will be the custodian contracts, on or before 11:00 a.m. E.T. 1.25X Bull Shares, Direxion Daily and transfer agent for the Funds. U.S. for the Bitcoin Futures Contract and Bitcoin 1.5X Bull Shares, Direxion Bancorp Fund Services, LLC will serve may reflect trades occurring and Daily Bitcoin 2X Bull Shares and as the administrator for the Funds, and published by the CME or CBOE or Direxion Daily Bitcoin 2X Bear Shares Foreside Fund Services, LLC will serve another U.S. exchange that subsequently Under NYSE Arca Rule 8.200–E as the distributor of the Shares trades bitcoin futures contracts outside (‘‘Distributor’’). the normal trading session for the April 23, 2018. According to the Exchange, the Funds Bitcoin Futures Contract.12 The Funds On January 4, 2018, NYSE Arca, Inc. will seek to obtain daily short, leveraged will compute their NAV as of 11:00 a.m. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed long, or leveraged short exposure (before E.T., or such earlier time that the NYSE with the Securities and Exchange fees and expenses) to the target may close.13 Commission (‘‘Commission’’), pursuant benchmark, which is the lead-month Each Fund, under normal market to Section 19(b)(1) of the Securities bitcoin futures contract traded on the conditions, will seek to achieve its daily Exchange Act of 1934 (‘‘Act’’) 1 and Rule Chicago Mercantile Exchange (‘‘CME’’) investment objective by investing in the 19b–4 thereunder,2 a proposed rule or Cboe Global Markets, Inc. (‘‘CBOE’’) Bitcoin Futures Contract, swaps on the change to list and trade shares or on any other U.S. exchange that Bitcoin Futures Contract, or listed (‘‘Shares’’) of the following exchange- subsequently trades bitcoin futures options on bitcoin or the Bitcoin traded products under NYSE Arca Rule contracts (‘‘Bitcoin Futures Contract’’).9 Futures Contract (collectively, ‘‘Bitcoin 8.200–E, Commentary .02: Direxion Specifically, the 1.25X Bull Fund, the Financial Instruments’’). The Funds’ Daily Bitcoin Bear 1X Shares (‘‘1X Bear 1.5X Bull Fund, and the 2X Bull Fund investments in Bitcoin Financial Fund’’), Direxion Daily Bitcoin 1.25X will seek daily investment results Instruments will be used to produce Bull Shares (‘‘1.25X Bull Fund’’), (before fees and expenses) that are economically ‘‘leveraged’’ or ‘‘inverse Direxion Daily Bitcoin 1.5X Bull Shares 125%, 150%, or 200%, respectively, of leveraged’’ investment results for the (‘‘1.5X Bull Fund’’), Direxion Daily the daily return of the target Funds.14 A Fund may invest in the Bitcoin 2X Bull Shares (‘‘2X Bull listed options and swaps described Fund’’), and Direxion Daily Bitcoin 2X 7 The Commission notes that additional above in a manner consistent with its Bear Shares (‘‘2X Bear Fund’’) (each a information regarding the Trust (as defined herein), investment objective in situations where the Shares, and the Funds, including investment the Sponsor believes that investing in ‘‘Fund,’’ and collectively the ‘‘Funds’’). strategies, calculation of net asset value (‘‘NAV’’) The proposed rule change was and indicative fund value, creation and redemption such financial instruments is in the best published for comment in the Federal procedures, and additional background information interests of a Fund. In addition, a Fund 3 about bitcoins, the bitcoin network, and bitcoin may invest in swap contracts Register on January 24, 2018. The futures contracts, among other things, can be found Commission has received no comment in the Notice. See Notice, supra note 3. The referencing the Bitcoin Futures Contract letters on the proposed rule change. registration statement was filed confidentially with if the market for a specific bitcoin On March 1, 2018, pursuant to the Commission on Form S–1 (‘‘Registration futures contract experiences 4 Statement’’) under the Securities Act of 1933 emergencies or if position, price, or Section 19(b)(2) of the Act, the (‘‘Securities Act’’). The Exchange represents that the Commission designated a longer period Registration Statement, and all amendments accountability limits (if any) are reached within which to approve the proposed thereto, will be publicly filed not later than 21 days with respect to a specific bitcoin futures rule change, disapprove the proposed before the date on which the issuer conducts a road contract. Each trading day at the close show, as such term is defined in Rule 433(h)(4) rule change, or institute proceedings to of the U.S. equity markets, each Fund under the Securities Act. will position its portfolio to ensure that determine whether to disapprove the 8 See NYSE Arca Rule 8.200–E, Commentary .02. proposed rule change.5 This order NYSE Arca Rule 8.200–E permits the listing and the Fund’s exposure to the target institutes proceedings under Section trading of ‘‘Trust Issued Receipts,’’ defined as a benchmark is consistent with the Fund’s 19(b)(2)(B) of the Act 6 to determine security (1) that is used by the trust which holds investment objective.15 specific securities deposited with the trust; (2) that, Assets of each Fund not invested in whether to approve or disapprove the when aggregated in some specified minimum proposed rule change. number, may be surrendered to the trust by the Bitcoin Financial Instruments will be beneficial owner to receive the securities; and (3) held in cash or invested in cash that pay beneficial owners dividends and other 1 15 U.S.C.78s(b)(1). equivalents, such as U.S. Treasury distributions on the deposited securities, if any are 2 Securities or other high credit quality 17 CFR 240.19b–4. declared and paid to the trustee by an issuer of the 3 See Securities Exchange Act Release No. 82532 deposited securities. Commentary .02 applies to short-term, fixed-income, or similar (Jan. 18, 2018), 83 FR 3380 (Jan. 24, 2018) Trust Issued Receipts that invest in any securities (including shares of money (‘‘Notice’’). combination of investments, including cash; market funds, bank deposits, bank 4 15 U.S.C. 78s(b)(2). securities; options on securities and indices; futures 5 See Securities Exchange Act Release No. 82795 contracts; options on futures contracts; forward 10 See Notice, supra note 3, at 3382. (Mar. 1, 2018), 83 FR 9768 (Mar. 7, 2018). The contracts; equity caps, collars, and floors; and swap 11 Commission designated April 24, 2018, as the date agreements. See id. 12 by which it should approve, disapprove, or institute 9 Bitcoin Futures Contracts will be cash-settled. See id. at 3381. proceedings to determine whether to disapprove the The ‘‘lead month’’ contract is the monthly contract 13 See id. at 3383. proposed rule change. with the earliest expiration date. See Notice, supra 14 See id. at 3381–82. 6 15 U.S.C. 78s(b)(2)(B). note 3, at 3381, n.6. 15 See id.
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money market accounts, certain variable submissions of their views, data, and commenters’ views on the current rate-demand notes, and repurchase arguments with respect to the issues availability of these swaps or listed agreements collateralized by identified above, as well as any other options? What are commenters’ views government securities) that serve as concerns they may have with the on the ability of the Funds to invest in collateral for, or pending investments proposal. In particular, the Commission these swaps or listed options in the in, the Funds’ investments.16 invites the written views of interested event that position, price, or According to the Exchange, each persons concerning whether the accountability limits are reached with Fund will create and redeem Shares in proposal is consistent with Section respect to any bitcoin futures contracts? one or more Creation Units (a Creation 6(b)(5) or any other provision of the Act, What are commenters’ views on the Unit is a block of 50,000 Shares of a or the rules and regulations thereunder. ability of the Funds to invest in these Fund). A creation transaction, which is Although there do not appear to be any swaps or listed options if an underlying subject to acceptance by the Distributor, issues relevant to approval or futures market experiences emergencies generally takes place when an disapproval that would be facilitated by or disruptions? Authorized Participant deposits a an oral presentation of views, data, and 3. What are commenters’ views on specified amount of cash in exchange arguments, the Commission will whether the Funds would have the for a specified number of Creation consider, pursuant to Rule 19b–4, any information necessary to adequately Units. Similarly, Shares can be request for an opportunity to make an value, including fair value, the Bitcoin redeemed only in Creation Units, oral presentation.21 Financial Instruments when generally for cash. Only Authorized Interested persons are invited to determining an appropriate NAV for the Participants may purchase and redeem submit written data, views, and Funds, taking into account any Shares from a Fund.17 arguments regarding whether the volatility, fragmentation, or general lack proposal should be approved or of regulation of the underlying bitcoin II. Proceedings To Determine Whether disapproved by May 18, 2018. Any markets? To Approve or Disapprove SR– person who wishes to file a rebuttal to 4. What are commenters’ views on the NYSEArca–2018–02 and Grounds for any other person’s submission must file potential impact of manipulation in the Disapproval Under Consideration that rebuttal by June 1, 2018. The underlying bitcoin markets on the The Commission is instituting Commission asks that commenters Funds’ NAV? What are commenters’ proceedings pursuant to Section address the sufficiency of the views on the potential effect of such 19(b)(2)(B) of the Act 18 to determine Exchange’s statements in support of the manipulation on the valuation of a whether the proposed rule change proposal, which are set forth in the Fund’s Bitcoin Financial Instruments, should be approved or disapproved. Notice,22 in addition to any other which is determined using the last sale Institution of such proceedings is comments they may wish to submit price for the Bitcoin Futures Contract on appropriate at this time in view of the about the proposed rule change. In the applicable U.S. futures exchange (as legal and policy issues raised by the particular, the Commission seeks opposed to the settlement price, closing proposed rule change. Institution of comment on the following: price, midpoint, or volume weighted proceedings does not indicate that the 1. What are commenters’ views on average price)? What are commenters’ Commission has reached any whether the Exchange has sufficiently views on the potential effect of such conclusions with respect to any of the described how the Sponsor will select manipulation on the pricing of a Fund’s issues involved. Rather, as described the applicable Bitcoin Futures Contract, non-exchange-traded Bitcoin Financial below, the Commission seeks and given that the bitcoin futures contracts Instruments? What are commenters’ encourages interested persons to trading on the two named bitcoin views on the potential effect of provide comments on the proposed rule futures exchanges (or on any other U.S. manipulation on the valuation of a change. exchange that subsequently trades Fund’s portfolio in cases where, Pursuant to Section 19(b)(2)(B) of the bitcoin futures contracts) have different according to the Exchange, the target Act,19 the Commission is providing terms (including different reference benchmark’s value reflects trades notice of the grounds for disapproval prices) and trade at different prices, and occurring outside the normal trading under consideration. The Commission is given that any bitcoin futures contracts session for the Bitcoin Futures Contract? instituting proceedings to allow for subsequently listed on a U.S. exchange 5. What are commenters’ views on additional analysis of the proposed rule may likewise have different terms or how the Funds’ valuation policies change’s consistency with Section trade at different prices? would address the potential for the 6(b)(5) of the Act, which requires, 2. In its proposal, the Exchange states bitcoin blockchain to diverge into among other things, that the rules of a that each Fund will seek to achieve its different paths (i.e., a ‘‘fork’’)? 6. What are commenters’ views on the national securities exchange be daily investment objective by investing price differentials and trading volumes ‘‘designed to prevent fraudulent and in Bitcoin Financial Instruments, which across bitcoin trading platforms manipulative acts and practices, to include the Bitcoin Futures Contract, (including during periods of market promote just and equitable principles of swaps on the Bitcoin Futures Contract, stress) and on the extent to which these trade,’’ and ‘‘to protect investors and the or listed options on bitcoin or the differing prices may affect the trading of public interest.’’ 20 Bitcoin Futures Contract. What are Bitcoin Financial Instruments and, III. Procedure: Request for Written 21 Section 19(b)(2) of the Act, as amended by the accordingly, trading in the Shares of the Comments Securities Act Amendments of 1975, Public Law Funds? 94–29 (June 4, 1975), grants the Commission 7. What are commenters’ views on The Commission requests that flexibility to determine what type of proceeding— how the substantial margin interested persons provide written either oral or notice and opportunity for written comments—is appropriate for consideration of a requirements for bitcoin futures particular proposal by a self-regulatory 16 See id. at 3383. contracts, and the nature of liquidity organization. See Securities Act Amendments of and volatility in the market for bitcoin 17 See id. at 3384. 1975, Senate Comm. on Banking, Housing & Urban 18 15 U.S.C. 78s(b)(2)(B). Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 futures contracts, might affect the 19 Id. (1975). Trust’s ability to meet redemption 20 15 U.S.C. 78f(b)(5). 22 See Notice, supra note 3. orders? What are commenters’ views on
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whether and how the margin volume, volatility, or liquidity of the For the Commission, by the Division of requirements for bitcoin futures underlying Bitcoin Financial Trading and Markets, pursuant to delegated contracts may affect a Fund’s use of Instruments or of the spot bitcoin authority.23 available cash to achieve its investment market any differently than a non- Eduardo A. Aleman, strategy? leveraged bitcoin futures exchange- Assistant Secretary. 8. What are commenters’ views on the traded product would? If so, why, how, [FR Doc. 2018–08852 Filed 4–26–18; 8:45 am] possibility that the Funds—along with and to what extent? Would any such BILLING CODE 8011–01–P other exchange-traded products with effect be different during periods of similar investment objectives—could downward market movement or high acquire a substantial portion of the volatility? If so, why, how, and to what SECURITIES AND EXCHANGE market for some or all of the Bitcoin extent? COMMISSION Financial Instruments? What are Comments may be submitted by any [Release No. 34–83089; File No. SR–CBOE– commenters’ views on whether such a of the following methods: 2018–029] concentration of holdings could affect Electronic Comments the Funds’ portfolio management, the Self-Regulatory Organizations; Cboe • liquidity of the Funds’ respective Use the Commission’s internet Exchange, Inc.; Notice of Filing and portfolios, or the pricing of some or all comment form (http://www.sec.gov/ Immediate Effectiveness of a Proposed of the Bitcoin Financial Instruments? rules/sro.shtml); or • Rule Change in Connection With the 9. What are commenters’ views on Send an email to rule-comments@ Migration of SPX Options From the possible factors that might impair the sec.gov. Please include File Number SR– Hybrid 3.0 System to the Hybrid ability of the arbitrage mechanism to NYSEArca–2018–02 on the subject line. Trading System keep the trading price of the Shares tied Paper Comments April 23, 2018. to the NAV of each Fund? What are • commenters’ views on whether Send paper comments in triplicate Pursuant to Section 19(b)(1) of the determining the value of the Funds’ to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the benchmark, or striking the Funds’ NAV, Commission, 100 F Street NE, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 as of 11:00 a.m. E.T. might affect the Washington, DC 20549–1090. notice is hereby given that on April 12, arbitrage mechanism during the All submissions should refer to File 2018, Cboe Exchange, Inc. (the remainder of the trading day? With Number SR–NYSEArca–2018–02. This ‘‘Exchange’’ or ‘‘Cboe Options’’) filed respect to the markets for Bitcoin file number should be included on the with the Securities and Exchange Financial Instruments, what are subject line if email is used. To help the Commission (the ‘‘Commission’’) the commenters’ views on the potential Commission process and review your proposed rule change as described in impact on the arbitrage mechanism of comments more efficiently, please use Items I and II, below, which Items have the price volatility and the potential for only one method. The Commission will been prepared by the Exchange. The trading halts? What are commenters’ post all comments on the Commission’s Exchange filed the proposal as a ‘‘non- views on whether or how these internet website (http://www.sec.gov/ controversial’’ proposed rule change potential impairments of the arbitrage rules/sro.shtml). Copies of the pursuant to Section 19(b)(3)(A)(iii) of mechanism may affect the Funds’ ability submission, all subsequent the Act 3 and Rule 19b–4(f)(6) to ensure adequate participation by amendments, all written statements thereunder.4 The Commission is Authorized Participants? What are with respect to the proposed rule publishing this notice to solicit commenters’ views on the potential change that are filed with the comments on the proposed rule change effects on investors if the arbitrage Commission, and all written from interested persons. communications relating to the mechanism is impaired? I. Self-Regulatory Organization’s proposed rule change between the 10. What are commenters’ views on Statement of the Terms of Substance of Commission and any person, other than the risks of price manipulation and the Proposed Rule Change fraud in the underlying bitcoin trading those that may be withheld from the platforms and how these risks might public in accordance with the The Exchange proposes to amend its affect the Bitcoin Financial Instruments? provisions of 5 U.S.C. 552, will be rules related to listing the SPX class on What are commenters’ views on how available for website viewing and a group basis and amend other rules in these risks might affect trading in the printing in the Commission’s Public connection with the Exchange’s planned Shares of the Funds? Reference Room, 100 F Street NE, migration of standard third-Friday 11. What are commenters’ views on Washington, DC 20549 on official options on the S&P 500 Index (‘‘SPX how an investor may evaluate the price business days between the hours of options’’) to the Hybrid Trading System of the Shares in light of the risk of 10:00 a.m. and 3:00 p.m. Copies of the from the Hybrid 3.0 System. potential price manipulation and fraud filing also will be available for (additions are italicized; deletions are in the underlying bitcoin trading inspection and copying at the principal [bracketed]) platforms and in light of the potentially office of the Exchange. All comments * * * * * significant spread between the price of received will be posted without change. Bitcoin Financial Instruments and the Persons submitting comments are Cboe Exchange, Inc. Rules spot price of bitcoin? cautioned that we do not redact or edit * * * * * 12. What are commenters’ views on personal identifying information from Rule 6.2. Hybrid Opening (and Sometimes whether the two named bitcoin futures comment submissions. You should Closing) System (‘‘HOSS’’) submit only information that you wish exchanges represent a significant (a)–(h) (No change). market, i.e., a market of significant size? to make available publicly. All 13. With respect to the Funds that submissions should refer to File 23 17 CFR 200.30–3(a)(57). seek leveraged or leveraged-inverse Number SR–NYSEArca–2018–02 and 1 15 U.S.C. 78s(b)(1). returns, would trading of the Shares, should be submitted by May 18, 2018. 2 17 CFR 240.19b–4. hedging activity, or creation and Rebuttal comments should be submitted 3 15 U.S.C. 78s(b)(3)(A)(iii). redemption activity affect the daily by June 1, 2018. 4 17 CFR 240.19b–4(f)(6).
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. . . Interpretations and Policies: .03–.07 (No change). Rule 8.3. Appointment of Market-Makers .01 (No change). * * * * * (a)–(b) (No change). .02 Market-Maker Quotes. Rule 6.53C. Complex Orders on the Hybrid (c) Market-Maker Appointments. Absent an (a) Minimum Size. The Exchange System exemption by the Exchange, an appointment determines on a class-by-class basis [(a)] the (a)–(d) (No change). of a Market-Maker confers the right to quote minimum number of contracts for the initial electronically and in open outcry in the size of a Market-Maker’s opening quote, . . . Interpretations and Policies: .01 (No change). Market-Maker’s appointed classes during which minimum must be at least one Regular Trading Hours as described below. contract. For SPX, the Exchange may also .02 [Reserved.] If the Exchange determines to list SPX on a group basis pursuant to Rule Subject to paragraph (e) below, a Market- determine minimum initial quote size on a 8.14, a marketable complex order consisting Maker may change its appointed classes premium basis and an expiration basis for of legs in different groups of series in the upon advance notification to the Exchange in series with expirations of (1) 7 or fewer days, class does not automatically execute against a form and manner prescribed by the (2) 8 to 91 days, (3) 92 to 188 days, (4) 189 individual orders residing in the EBook Exchange. to 461 days, and (5) 462 or more days. pursuant to Rule 6.53C(c)(ii)(1) or (d)(v)(1) (i) Hybrid Classes. Subject to paragraphs (b) Bid/Ask Differentials. The Exchange and automatically executes against complex (c)(iv) and (e) below, a Market-Maker can determines on a class-by-class and premium orders (or COA responses) in accordance create a Virtual Trading Crowd (‘‘VTC’’) basis the bid/ask differential requirements with Rules 6.53C(c)(ii)(2) or (d)(v)(2) through appointment, which confers the right to with which Market-Makers’ opening quotes (4). A marketable complex order consisting of quote electronically during Regular Trading must comply, which minimum and legs in the same group of series in SPX Hours in an appropriate number of Hybrid differential requirements may be different for executes against individual orders in the classes (as defined in Rule 1.1(aaa)) selected the opening than those applicable intraday. EBook in accordance with Rule 6.53C(c)(ii) For SPX, the Exchange may determine bid/ and (d)(v). Complex orders consisting of legs from ‘‘tiers’’ that have been structured ask differential requirements for series with in different groups of series that are according to trading volume statistics, except expirations of (1) fewer than 462 days and (2) marketable against each other may only for the AA tier. All classes within a specific 462 or more days, and for all other classes, execute at a net price that has priority over tier will be assigned an ‘‘appointment cost’’ the Exchange may determine bid/ask the individual orders and quotes resting in depending upon its tier location. The differential requirements for series with the EBook. following table sets forth the tiers and related expiration of (1) less than nine months and .03–.12 (No change). appointment costs. (2) nine months or more. * * * * * II.
Appointment Tier Hybrid options classes cost
AA ...... Options on the Cboe Volatility Index (VIX) ...... 499 Options on the Standard & Poor’s 500 Index (SPX) ...... ** 1.0
******* * Excludes Tier AA. ** If the Exchange determines to list SPX on a group basis pursuant to Rule 8.14, the SPX appointment cost confers the right to trade in all SPX groups.
(ii) (No change). The following obligations in this paragraph trading on the Hybrid system, the provisions (iii) Hybrid 3.0 Class. In addition to (d) are only applicable to Market-Makers of paragraph (d)(i) shall govern trading in paragraphs (i) and (ii) above, and subject to trading classes on the Cboe Options Hybrid that class. paragraphs (c)(iv) and (e) below, a Market- System and only in those Hybrid classes. (i) Market-Maker Trades 20% or Less Maker can select as the Market-Maker’s Unless otherwise provided in this Rule, Contract Volume in an Appointed Class appointment a Hybrid 3.0 class traded on the Market-Makers trading classes on the Hybrid Electronically: Exchange, which confers the right to trade in System remain subject to all obligations If a Market-Maker on the Cboe Options imposed by Cboe Options Rule 8.7. To the open outcry in the Hybrid 3.0 class during Hybrid System never transacts more than extent another obligation contained Regular Trading Hours as described below. 20% (i.e., trades 20% or less) of the Market- elsewhere in Rule 8.7 is inconsistent with an Maker’s contract volume electronically in an Each Hybrid 3.0 class is assigned an obligation contained in paragraph (d) of Rule ‘‘appointment cost’’, which is set forth below. appointed Hybrid class during Regular 8.7 with respect to a class trading on Hybrid, Trading Hours during any calendar quarter, this paragraph (d) shall govern trading in the Appointment the following provisions shall apply to that Hybrid 3.0 class Hybrid class. Market-Maker with respect to that class: cost For Regular Trading Hours, these (A) Quote Widths: With respect to requirements are applicable on a per class electronic quoting, Market-Makers must [Options on the Standard & basis, except as set forth in paragraph (ii)(B) comply with the bid/ask differential Poor’s 500 Index (SPX)] ... [*1.0] below, depending upon the percentage of None ...... volume a Market-Maker transacts in an requirements determined by the Exchange on appointed class during Regular Trading a class-by-class and premium basis [the [* This appointment cost also confers the Market-Maker will not be required to comply right to trade any group of series of SPX that Hours electronically versus in open outcry. With respect to making this determination, with the bid/ask differential requirements the Exchange has authorized for trading on determined by the Exchange in that class. the Hybrid Trading System pursuant to Rule the Exchange will monitor a Market-Maker’s 8.14.] trading activity in each appointed class The effectiveness of this subparagraph (i)(A) during Regular Trading Hours every calendar shall be in effect in each Hybrid for a period (iv)–(v) (No change). quarter to determine whether it exceeds the of one year commencing with the date the (d)–(e) (No change). threshold established in paragraph (d)(i). If a class begins trading on the Hybrid System]. * * * * * Market-Maker exceeds the threshold For SPX, the Exchange may determine bid/ established below, the obligations contained ask differential requirements for series with Rule 8.7. Obligations of Market-Makers in (d)(ii) will be effective the next calendar expirations of (1) fewer than 462 days and (2) (a)–(c) (No change). quarter. 462 or more days, and for all other classes, (d) Market-Making Obligations in For a period of ninety (90) days the Exchange may determine bid/ask Applicable Hybrid Classes commencing immediately after a class begins differential requirements for series with
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expiration of (1) less than nine months and does not apply to intra-day add-on series on Rule 8.14. Hybrid Trading System Platforms (2) nine months or more. the day during which such series are added & Market-Maker Participants (B) Continuous Electronic Quoting for trading. Market-Maker continuous (a)–(b) (No change). Obligation: The Market-Maker will not be electronic quoting obligations may be . . . Interpretations and Policies: obligated to quote electronically in any satisfied by Market-Makers either .01 For each Hybrid 3.0 class, the Exchange designated percentage of series within that individually or collectively with Market- may determine to authorize a group of series class. If a Market-Maker quotes Makers of the same TPH organization. of the class for trading on the Hybrid Trading electronically, its undecremented quote must (C) (No change). System and, if that authorization is granted, be for the minimum number of contracts (iii) The obligations and duties of Market- shall determine the eligible categories of determined by the Exchange on a class[ ]- Makers set forth in paragraphs (d)(i) and Market-Maker participants for that group of by[ ]-class basis, which minimum shall be at (d)(ii) apply to a Market-Maker per trading series. The Exchange will also have the least one contract. For SPX, the Exchange session (e.g., if a Market-Maker has an authority to determine whether to change the may also determine minimum initial quote appointment in a class during Regular trading platform on which the group of series size on a premium basis and an expiration Trading Hours and Extended Trading Hours, trades [and to change the eligible categories basis for series with expirations of (1) 7 or the Exchange will determine a Market- of Market-Maker participants for the group]. fewer days, (2) 8 to 91 days, (3) 92 to 188 Maker’s compliance with the continuous If the Exchange lists SPX on the Hybrid days, (4) 189 to 461 days, and (5) 462 or more electronic quoting requirement during Trading System, the Exchange may days. Regular Trading Hours separately from determine to list the class on a group basis, (C) (No change). compliance with the electronic quoting with both groups trading on the Hybrid (ii) Market-Maker Trades More Than 20% requirement during Extended Trading Trading System. The Exchange will also have Contract Volume in an Appointed Class Hours). Except as set forth in paragraph the authority to change the eligible categories Electronically: (d)(ii)(B), the obligations and duties of of Market-Makers participants for each If a Market-Maker on the Cboe Options Market-Makers set forth in paragraphs (d)(i) group. In addition, the following shall apply: Hybrid System transacts more than 20% of and (d)(ii) apply to a Market-Maker on a per (a)–(b) (No change). the Market-Maker’s contract volume class basis, except for SPX if the Exchange (c) The Hybrid Trading System or Hybrid electronically in an appointed Hybrid class lists SPX on a group basis pursuant to Rule 3.0 Platform, as applicable, trading during Regular Trading Hours during any 8.14 and determines to apply obligations and parameters will be established by the calendar quarter, commencing the next duties of SPX Market-Makers on a group Exchange on a group basis to the extent the calendar quarter the Market-Maker will be basis, and only when the Market-Maker is Exchange Rules otherwise provide for such subject to the following quoting obligations quoting in a particular class during the parameters to be established on a class basis. in that class for as long as the Market-Maker applicable trading session on a given trading maintains an appointment in that class: Rule 8.15. Lead Market-Makers day. For example, if during a trading session (A) Quote Widths: Market-Makers must (a)–(d) (No change). comply with the bid/ask differential on a given trading day a Market-Maker is . . . Interpretations and Policies: requirements determined by the Exchange on quoting in 1 of its 10 appointed classes, the .01–.04 (No change). a class[ ]-by[ ]-class and premium basis. For Market-Maker has quote width, continuous .05 If the Exchange determines to list SPX SPX, the Exchange may determine bid/ask electronic quoting and, to the extent the on a group basis pursuant to Rule 8.14, differential requirements for series with Market-Maker is present in the trading obligations of an SPX Market-Maker expirations of (1) fewer than 462 days and (2) crowd, continuous open outcry quoting designated as a Lead Market-Maker, as set 462 or more days, and for all other classes, obligations in that class, and the continuous forth in Rule 8.15, apply on a class basis, the Exchange may determine bid/ask electronic quoting obligation in subparagraph unless the Exchange determines to apply differential requirements for series with (d)(ii)(B) applies to 60% of the non-adjusted obligations on a group basis. option series of that class that have a time to expiration of (1) less than nine months and * * * * * (2) nine months or more. expiration of less than nine months while the (B) Continuous Electronic Quoting Market-Maker is quoting. If during a trading Rule 8.85. DPM Obligations Obligation: A Market-Maker will be required session on a given trading day a Market- (a)–(e) (No change). to maintain continuous electronic quotes (as Maker is quoting in 3 of its 10 appointed . . . Interpretations and Policies: defined in Rule 1.1 (ccc)) in 60% of the non- classes, the Market-Maker has quote width .01–.02 (No change). adjusted option series of the Market-Maker’s and, to the extent the Market-Maker is .03 If the Exchange determines to list SPX appointed classes that have a time to present in the trading crowd, continuous on a group basis pursuant to Rule 8.14, expiration of less than nine months. open outcry quoting obligations in each of obligations of a Designated Primary Market- Compliance with this quoting obligation the 3 classes, and the continuous electronic Maker with an SPX appointment, as set forth applies to all of a Market-Maker’s appointed quoting obligation in subparagraph (d)(ii)(B) in Rule 8.85, apply on a class basis, except classes collectively (for which it must applies to 60% of the non-adjusted option if the Exchange determines to apply maintain continuous electronic quotes series of those three classes, collectively, that obligations on a group basis. pursuant to this paragraph (ii)(B)). The have a time to expiration of less than nine * * * * * Exchange will determine compliance by a months while the Market-Maker is quoting. The text of the proposed rule change The obligations and duties are not applicable Market-Maker with this quoting obligation on is also available on the Exchange’s a monthly basis. However, determining to an appointed class if a Market-Maker is not compliance with this quoting obligation on a quoting in that appointed class. website (http://www.cboe.com/ monthly basis does not relieve a Market- (iv) (No change). AboutCBOE/CBOELegalRegulatory Maker from meeting this obligation on a daily . . . Interpretations and Policies: Home.aspx), at the Exchange’s Office of basis, nor does it prohibit the Exchange from .01–.13 (No change). the Secretary, and at the Commission’s taking disciplinary action against a Market- * * * * * Public Reference Room. Maker for failing to meet this obligation each trading day. The initial size of a Market- Rule 8.13. Preferred Market-Maker Program II. Self-Regulatory Organization’s Maker’s quote must be for the minimum (a)–(d) (No change). Statement of the Purpose of, and number of contracts determined by the . . . Interpretations and Policies: Statutory Basis for, the Proposed Rule Exchange on a class[ ]-by[ ]-class basis, which .01–.03 (No change). Change minimum shall be at least one contract. For .04 If the Exchange determines to list SPX In its filing with the Commission, the SPX, the Exchange may also determine on a group basis pursuant to Rule 8.14, minimum initial quote size on a premium obligations of an SPX Market-Maker Exchange included statements basis and an expiration basis for series with designated as a Preferred Market-Maker, as concerning the purpose of and basis for expirations of (1) 7 or fewer days, (2) 8 to 91 set forth in Rule 8.13, apply on a class basis, the proposed rule change and discussed days, (3) 92 to 188 days, (4) 189 to 461 days, unless the Exchange determines to apply any comments it received on the and (5) 462 or more days. This obligation obligations on a group basis. proposed rule change. The text of these
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statements may be examined at the apply. Thus, if the Exchange lists SPX Exchange applies customer priority places specified in Item IV below. The as a Hybrid class in two groups, both allocation to SPX options while the Exchange has prepared summaries, set groups may trade on the Hybrid Trading Exchange applies price-time allocation forth in sections A, B, and C below, of System (as the Exchange plans to do). In to SPXW options. Pursuant to the the most significant aspects of such addition, the Exchange may determine proposed rule change, the Exchange statements. the eligible categories of Market-Maker could continue to apply a different participants for each group. Similarly, allocation algorithm to each group even A. Self-Regulatory Organization’s the Exchange could assign a DPM or if both groups are trading on the same Statement of the Purpose of, and LMM to each group, which platform. Statutory Basis for, the Proposed Rule appointments would apply to the group The Exchange believes for SPX, Change of series to which the respective DPM or groups of series may exhibit different 1. Purpose LMM is assigned (Market-Maker trading characteristics, including appeal The Exchange proposes to amend its appointments would continue to apply to different categories of market rules related to listing the SPX class on to the entire SPX class, as further participants. For example, SPXW 7 a group basis and amend other rules in discussed below). options are commonly traded by retail connection with the Exchange’s planned As it does today, when determining customers while SPX options are commonly traded by institutional migration of SPX options to the Hybrid whether to list the SPX class on a group investors. The Exchange generally Trading System from the Hybrid 3.0 basis, the Exchange intends to generally establishes market models for classes System. Rule 8.14, Interpretation and select series with common expirations based on these characteristics that most Policy .01 currently permits the or classifications (e.g., end-of-week fit the product, which the Exchange Exchange to authorize a group of series series or end-of-month series, short-term believes benefits investors. This is true of a Hybrid 3.0 5 class for trading on the option series, long-term option series, or for SPX and SPXW options, which is Hybrid Trading System. If the Exchange series that expire on a particular why the Exchange believes it is authorizes this, it determines the expiration date) and trade them under appropriate to continue to list the SPX eligible categories of Market-Maker individual listing symbols. For example, the Exchange currently lists the SPX class in groups once all SPX series are participants for the group (Designated trading on Hybrid. Primary Market-Makers (‘‘DPMs’’), Lead class in two groups: (1) One group consists of series with standard third- The Exchange proposes to amend Market-Makers (‘‘LMMs’’), or Market- Rule 6.53C, Interpretation and Policy Makers). The Exchange assigns a DPM Friday expirations that are a.m.-settled, which group trades on the Hybrid 3.0 .02 to state if the Exchange determines or LMM to the group (or no DPM or to list the SPX class on a group basis LMM if the conditions in Rule 8.14(b) Platform (‘‘SPX options’’); and (2) the second group consists of series with all pursuant to Rule 8.14, if a marketable are satisfied with respect to the group). complex order consists of legs in Market-Maker appointments apply on a other expirations, including weekly, monthly, and p.m.-settled (‘‘SPXW different groups of series in the class, it class basis, except DPM and LMM will not automatically execute against appointments apply only to the group of options’’), which group trades on the Hybrid Trading System. In the second individual orders residing in the EBook series to which the respective DPM or pursuant to Rule 6.53C(c)(ii)(1) or LMM is assigned. The Exchange quarter of 2018, the Exchange plans to begin listing SPX options on the Hybrid (d)(v)(1). A marketable complex order establishes Hybrid Trading System consisting of legs in the same group of trading parameters (e.g. minimum Trading System (and no longer on the Hybrid 3.0 platform). SPXW options series in the class executes against trading increment, allocation algorithm) individual orders in the EBook in on a group basis to the extent the Rules would continue to trade on the Hybrid Trading System. Pursuant to the accordance with Rule 6.53C(c)(ii) and otherwise provide for such parameters (d)(v). This is consistent with current to be established on a class basis. proposed rule change, the Exchange may determine to continue to list SPX functionality today applicable to SPX The proposed rule change amends and SPXW pursuant to Rule 6.53C, Rule 8.14, Interpretation and Policy .01 options and SPXW options as groups on the Hybrid Trading System. Interpretation and Policy .10, which to permit the Exchange to list the SPX only applies to Hybrid 3.0 classes. The class on a group basis, even if SPX The Exchange would establish trading parameters (e.g., applicable matching proposed rule change extends this trades on the Hybrid Trading System.6 functionality to SPX as a Hybrid class. The remaining provisions of algorithm under Rule 6.45, opening rotation parameters under Rule 6.2, As discussed above, if the Exchange Interpretation and Policy .01 would lists SPX as a Hybrid class on a group automatic execution parameters under basis, it may apply different trading Rule 6.13, simple auction liaison 5 ‘‘Hybrid Trading System’’ refers to (a) the parameters (including different parameters under Rule 6.13A, hybrid Exchange’s trading platform that allows Market- allocation algorithms) to each group. Makers to submit electronic quotes in their agency liaison parameters under Rule Due to system limitations that based on appointed classes and (b) any connectivity to the 6.14A, complex order parameters under the Exchange’s experience are foregoing trading platform that is administered by Rule 6.53C, and automated or on behalf of the Exchange, such as a prohibitively expensive to modify, improvement mechanism parameters communications hub. ‘‘Hybrid 3.0 Platform’’ is an complex orders consisting of different electronic trading platform on the Hybrid Trading under Rule 6.74A) on a group basis, as groups of series will not automatically System that allows one or more quoters to submit it does today for SPX options and SPXW execute against individual orders electronic quotes which represent the aggregate options.8 For example, currently, the Market-Maker quoting interest in a series for the residing in the Ebook, even if they trade trading crowd. Classes authorized by the Exchange on the same platform. Pursuant to Rule for trading on the Hybrid Trading System are 7 The Exchange does not currently (and does not referred to as Hybrid classes. Classes authorized by intend to following conversion of SPX options to 6.53C, complex orders may only consist the Exchange for trading on the Hybrid 3.0 Platform Hybrid) appoint Preferred Market-Makers of legs from the same class. While SPX are referred to as Hybrid 3.0 classes. See Rule (‘‘PMMs’’) or DPMs to SPX or SPXW options and SPXW series are part of the same 1.1(aaa). Currently, SPX is the only Hybrid 3.0 class pursuant to Rules 8.13 or 8.95, respectively. The class, and thus permissible for and the only class the Exchange lists on a group Exchange currently appoints LMMs to SPX options; basis. however, it does not intend to do so following electronic handling under the Rules, the 6 The proposed rule change makes a conforming conversion of SPX options to Hybrid. System treats SPX and SPXW series as change in Interpretation and Policy .01(c). 8 See Rule 8.14(c). different classes and is unable to
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process complex orders with COA responses will enter the COB or determined to list SPX as a Hybrid class components in different classes. Many instead be routed to a PAR workstation on a group basis, the Exchange may classes trade on their own trade server. during Regular Trading Hours and determine it lists a significantly larger Despite being the same class, SPX rejected back to the Trading Permit number of SPX series in which it may options and SPXW options trade on Holder during Extended Trading Hours be burdensome for Market-Makers to separate trade servers due to the number if not eligible for COB entry due to the quote. For example, currently, the of series in each group and due to the terms of the order (for example, if the Exchange lists over 3,000 SPX series fact that they trade as different classes order is for an origin code the Exchange and almost 8,000 SPXW series (as discussed above). Currently trading does not permit to rest in the COB), (compared to, for example, over 400 VIX is not possible ‘‘across’’ trade servers. If which is how those orders are treated series and almost 200 VIX weekly the System receives a complex order today.10 series). With SPX options listed on with one SPX leg and one SPXW leg, it In connection with the planned Hybrid 3.0, Market-Makers may not would need to trade the SPX leg against migration of SPX options to Hybrid, the submit quotes in those series. Therefore, the appropriate leg in the first trade Exchange proposes to amend Rule 8.3 Market-Makers with SPX appointments server. After that leg execution, it would regarding appointment costs. The that are subject to electronic quoting then need to trade the SPXW leg against proposed rule change moves the SPX obligations under Rule 8.7(d) must the appropriate leg in the second trade class from the Hybrid 3.0 appointment satisfy those obligations based on the server. Given the time these executions cost table to the Hybrid appointment number of SPXW series. However, when would take, it would not result in the cost table. The Exchange would the SPX class moves to Hybrid, Market- near simultaneous execution of legs that maintain the 1.0 appointment cost for Makers will be able to submit electronic is sought by the entry of complex SPX (which includes SPXW). The quotes in SPX options as well as SPXW orders. Additionally, after the first leg proposed rule change notes if the options. Applying obligations on a class execution, because the complex order Exchange determines to list SPX as a basis would significantly increase the has not fully executed, the System Hybrid class on a group basis pursuant number of series in which Market- would not be able to execute any other to Rule 8.14, the appointment cost for Makers would have to submit electronic orders within the series of the first leg, the class confers the right to trade in all quotes due to the large number of series. which may prevent execution SPX groups. This is consistent with how Permitting the Exchange to determine opportunities of those other orders. appointment costs currently work, as compliance with these obligations on a Currently, this only applies to SPX/ currently, the SPX appointment cost of group basis would permit Market-Maker SPXW orders, and the proposed rule 1.0 applies to any group of series of SPX obligations to apply to SPX in a similar change would treat these orders as they authorized to trade on the Hybrid manner as they do today based on a are today. SPX/SPXW orders may Trading System.11 The proposed rule more reasonable number of series. execute against other SPX/SPXW orders change merely applies this same The Exchange proposes to amend in the COB upon entry or against orders concept to SPX if listed on the Hybrid Rules 6.2, Interpretation and Policy and COA responses following a COA in Trading System on a group basis .02(b) 13 and 8.7(d)(i)(A) and (ii)(A) to accordance with the allocation and pursuant to the proposed rule change. permit the Exchange to establish bid-ask priority rules set forth in Rule The proposed rule change amends differentials for Market-Makers (for 6.53C(c)(ii)(2) and (d)(v)(2) through (4), Rule 8.7(d)(iii) to provide if the opening and intraday quotes, respectively.9 The proposed rule change Exchange lists SPX on a group basis respectively) on a premium basis and states marketable SPX/SPXW orders pursuant to Rule 8.14, it may determine for SPX, for series with expirations of will be eligible to automatically execute to apply obligations and duties of (1) fewer than 462 days and (2) 462 or against other SPX/SPXW orders resting Market-Makers with an appointment to more days, and for all other classes, for in the COB provided the execution is at SPX on a group basis rather than a class series with expiration of (1) less than a net price that has priority over the basis. Currently, Market-Maker nine months and (2) nine months or individual orders and quotes residing in obligations for Hybrid classes apply on more, in addition to a class-by-class the EBook (which is consistent with the a class basis (e.g., the Exchange basis (as currently permitted by the manner in which the Exchange determines a Market-Maker’s Rules). Similarly, the Exchange currently handles [sic] these complex compliance with the continuous proposes to amend Rules 6.2, orders are handled, as provided in Rule electronic quoting obligations set forth Interpretation and Policy .02(a) and 6.53C, Interpretation and Policy .10(b)). in Rule 8.7(d) for a class based all series 12 8.7(d)(i)(B) and (ii)(B) to permit the An SPX/SPXW order that is marketable in that class). If the Exchange Exchange to establish minimum quote against individual orders resting in the 10 size requirements (for opening and Ebook but not marketable against any See Rules 6.12(a)(1) (which states orders intraday quotes, respectively) for SPX complex orders resting in the COB or initially routed for electronic processing that are not eligible for automatic execution or book entry will on a premium basis and expiration basis route to PAR, an order management terminal, or for series with expirations of (1) 7 or 9 Rule 6.53C(c)(ii)(2) states the allocation of a back to the Trading Permit Holder); 6.53C(d)(vi) fewer days, (2) 8 to 91 days, (3) 92 to complex order within the COB will be pursuant to (which states a COA-eligible order that cannot be the rules of trading priority otherwise applicable to filled in whole or in a permissible ratio will route 188 days, (4) 189 to 461 days, and (5) incoming electronic orders in the individual to the COB or back to PAR, as applicable); and 462 or more days, in addition to a class- component legs or another electronic matching 6.1A(b) (which states if in accordance with the by-class basis (as currently permitted by algorithm from Rule 6.45, as determined by the Rules, an order would route to PAR, the order entry 14 Exchange on a class-by-class basis. Therefore, firm’s booth, or otherwise for manual handling, the the Rules). While different classes may pursuant to that provision and the proposed rule System will return the order to the Trading Permit change, the Exchange will determine for SPX/ Holder during Extended Trading Hours). 13 As set forth in Rule 6.2, Interpretation and SPXW complex orders which electronic matching 11 See Rule 8.3(c)(iii). Policy .02(b), the Exchange may set different algorithm will apply to those orders when 12 The proposed rule change makes minimum size and differential requirements for the executing against other orders in the COB. Rules corresponding changes to proposed Rules 8.13, opening than those applicable intraday. 6.53(d)(v)(2) through (4) specify the matching Interpretation and Policy .04; 8.15, Interpretation 14 For classes other than SPX, the Exchange will algorithm applicable to complex orders that execute and Policy .05; and 8.85, Interpretation and Policy continue to be permitted to establish minimum size following a COA, and those provisions will apply .03 regarding obligations of Preferred Market- requirements on a class-by-class basis only (and not to SPX/SPXW complex orders pursuant to the Makers, Lead Market-Makers, and Designated by premium or expiration). The current minimum proposed rule change. Primary Market-Makers, respectively. Continued
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exhibit different trading characteristics, proposed rule change merely change merely permits the Exchange to which make different minimum quote [sic] when they must start to comply similarly list the SPX class on a group sizes and differentials on a class-by- with them. For example, under the basis on the same trading platform when class basis appropriate as permitted by current rule, Market-Makers not subject SPX options migrate to the Hybrid the current Rule, the same may be true to continuous electronic quote Trading System. This will permit the of series with different premiums and obligations would not be required to Exchange to migrate SPX options to the expirations within a class to ensure the comply with bid/ask differential Hybrid Trading System without quote size is not burdensome on Market- requirements with respect to any interruption to how SPX and SPXW Makers. For example, series with higher electronic quotes they submit until one options currently trade. premiums or farther expirations year after SPX begins trading on the Similarly, the proposed rule change to generally have wider spreads and lower Hybrid System. Under the proposed rule provide that SPX/SPXW complex orders trading volumes, and positions in those change, these Market-Makers will need will not execute against individual series carry additional risk. These to comply with bid/ask differential orders in the Ebook will permit these characteristics make wider bid-ask requirements when submitted electronic orders to be handled in the same differential and smaller minimum quote quotes as soon as SPX begins trading on manner on the Hybrid Trading System size (with respect to SPX) requirements the Hybrid System. as they are today on the Hybrid 3.0 more appropriate and less burdensome System. These orders will continue to 2. Statutory Basis on Market-Makers.15 The proposed be eligible for electronic processing, expiration groupings for minimum The Exchange believes the proposed including electronic execution, in the quote size and bid-ask differential rule change is consistent with the same manner as complex orders requirements in SPX are based on the Securities Exchange Act of 1934 (the consisting of SPX series only or SPXW Exchange’s review of various ‘‘Act’’) and the rules and regulations series only, except they will not information, including SPX transaction thereunder applicable to the Exchange automatically against [sic] individual data, sizes of LMM quotes in SPX, and and, in particular, the requirements of orders in the Ebook for the legs, which feedback received from Market-Makers Section 6(b) of the Act.16 Specifically, will result in those SPX/SPXW orders and Exchange advisory groups. the Exchange believes the proposed rule being treated in the same manner as Additionally, the proposed rule change is consistent with the Section they are today. This will provide these change amends Rule 8.7(d)(i)(A). That 6(b)(5) 17 requirements that the rules of orders with the same electronic provision currently states Market- an exchange be designed to prevent execution opportunities they have Makers that do not transact more than fraudulent and manipulative acts and today, which will continue to not be 20% of their contract volume practices, to promote just and equitable eligible for automatic execution against electronically in an appointed Hybrid principles of trade, to foster cooperation the individual leg markets due to system class during any calendar quarter will and coordination with persons engaged limitations described above and would not be required to comply with bid/ask in regulating, clearing, settling, instead rest in the COB (if eligible) or differential requirements with respect to processing information with respect to, route to PAR, an order management electronic quoting for the first year a and facilitating transactions in terminal, or the Trading Permit Holder class begins trading on the Hybrid securities, to remove impediments to during Regular Trading Hours, or be System. After the first year of Hybrid and perfect the mechanism of a free and rejected back to the Trading Permit trading, a Market-Maker would need to open market and a national market Holder during Extended Trading Hours. then comply with bid/ask differential system, and, in general, to protect The Exchange believes the proposed requirements when quoting investors and the public interest. rule change to permit the Exchange to electronically. The Exchange proposes Additionally, the Exchange believes the establish minimum quote size for SPX, to delete that requirement and instead proposed rule change is consistent with and bid-ask differential requirements for require Market-Makers to comply with the Section 6(b)(5) 18 requirement that all classes, on a premium basis and for bid/ask differential requirements when the rules of an exchange not be designed specific expirations, in addition to class quoting electronically as soon as a class to permit unfair discrimination between basis, will ensure Market-Maker begins trading on the Hybrid System. customers, issuers, brokers, or dealers. obligations maintain an appropriate The Exchange no longer believes the In particular, the Exchange believes balance of obligations and benefits. As one-year delay in imposing these the proposed rule change to permit the discussed above, the Exchange currently requirements is necessary. Requiring all Exchange to list the SPX class on Hybrid establishes bid-ask differential electronic quotes to comply with bid/ on a group basis will benefit investors requirements on a class and premium ask differential requirements will and promote just and equitable basis and for series with expirations of increase liquidity and tighter markets in principles of trade, as it provides the less than nine months and nine months these classes as soon as they begin Exchange with flexibility to establish a or more. The proposed rule change trading. Market-Makers ultimately have more appropriate market model for a merely codifies this practice in the to comply with these requirements; the group of SPX series that may exhibit Rules for classes other than SPX, so this different trading characteristics than will result in no change to Market- Makers. The Exchange believes it is quote size is one contract in all classes. See other series in the class, even when both Regulatory Circular RG16–073 (April 7, 2016). groups trade on the same platform. appropriate to establish minimum quote 15 The Exchange currently may set certain Currently, the Exchange may list a class sizes in SPX on an expiration and parameters on a class and premium basis. See, e.g., on a group basis if the groups of a class premium basis to reflect the different Rules 6.2(d)(ii)(E) (opening quote condition), trading characteristics of those series 6.12(a)(3) (acceptable tick distance for limit order trade on different trading platforms, and price parameter). Currently, the Exchange sets bid- as noted above, the Exchange currently within the SPX class. For example, ask differentials on a premium basis and for only does so for SPX, the only Hybrid series with higher premiums or farther expirations of less than nine months and nine 3.0 class. The proposed rule change expirations generally have wider months or more; the proposed rule change codifies spreads and lower trading volumes, and this practice for classes other than SPX in the Rules. See Regulatory Circular RG16–073 (April 7, 2016) 16 15 U.S.C. 78f(b). positions in those series carry additional (wider requirements in series with expirations of 17 15 U.S.C. 78f(b)(5). risk. These characteristics make wider nine months or more and lower premiums). 18 Id. bid-ask differential and smaller
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minimum quote size (with respect to currently quote in SPXW options may a similar manner as they do today. SPX) requirements more appropriate elect to continue to only quote in those Additionally, the proposed rule change and less burdensome on Market-Makers. options without having to quote in SPX ensures the Exchange may apply these The proposed expiration groupings for options. obligations to reasonable number of minimum quote size and bid-ask The proposed rule change to require series and not be overly burdensome on differential requirements in SPX are Market-Makers to comply with bid/ask Market-Makers. based on the Exchange’s review of differential requirements with respect to The proposed rule change to permit various information, including SPX electronic quotes upon a class beginning the Exchange to establish minimum transaction data, sizes of LMM quotes in to trade on the Hybrid System will quote size (for SPX) and bid-ask SPX, and feedback received from increase liquidity and tighter markets in differential requirements on an Market-Makers and Exchange advisory these classes as soon as they begin expiration and premium basis will groups. The Exchange believes this trading. The proposed rule change ensure the Exchange can effectively set proposed rule change will promote just maintains a balance of obligations and these requirements without being overly and equitable principles of trade by benefits, as Market-Makers ultimately burdensome on Market-Makers given ensuring bid/ask differential have to comply with these the differing trade characteristics requirements and minimum size requirements; the proposed rule change applicable to series with different requirements for SPX are effective and merely change when they must start to expirations and premiums. These not overly burdensome on Market- comply with them. proposed changes overall will continue to incentive Market-Makers to have Makers, which will ensure continued B. Self-Regulatory Organization’s appointments in SPX, which increases liquidity on the Exchange, including in Statement on Burden on Competition SPX options once they convert to liquidity and ultimately benefits Hybrid, which ultimately benefits Cboe Options does not believe that investors. As noted above, the rules investors. the proposed rule change will impose permit the Exchange to establish other The proposed rule change to move the any burden on competition that is not trading parameters on a premium and appointment cost for the SPX class from necessary or appropriate in furtherance class basis, and the proposed rule the Hybrid 3.0 table to the Hybrid table of the purposes of the Act. The change codifies a current Exchange in Rule 8.3(c)(i) reflects the Exchange’s proposed rule change has no impact on practice to set bid-ask differential planned migration of SPX options from intramarket competition, as it will apply requirements on a class and premium the Hybrid 3.0 platform to the Hybrid to all market participants that trade in basis and for expirations of less than Trading System. The Exchange proposes SPX when listed on a group basis on the nine months and nine months or more no change to the appointment cost, and Hybrid Trading System. When SPX for all classes other than SPX. The thus Market-Makers with SPX options move to trade on the Hybrid proposed expiration groupings for appointments will not need to purchase Trading System, the SPX class will minimum quote size and bid-ask any additional trading permits to quote continue to trade in two groups as it differential requirements in SPX are SPX options once the migrate trading does today (SPX options and SPXW based on the Exchange’s review of platforms. options), and SPX/SPXW complex various information, including SPX The Exchange believes the proposed orders will continue to be handled in transaction data, sizes of LMM quotes in rule change to permit the Exchange to the same manner as they are today. The SPX, and feedback received from apply Market-Maker (including PMMs proposed rule change has no impact on Market-Makers and Exchange advisory and DPMs, as applicable) 19 obligations intermarket competition, as the groups. The proposed rule change has on a group basis rather than class basis proposed rule change relates to a no impact on intermarket competition, for SPX will promote just and equitable product exclusively listed on the as the proposed rule change relates to principles of trade, as it will ensure a Exchange, and permits that product to obligations applicable to Cboe Options continued balance of an SPX Market- continue trading in a similar manner as Market-Makers. Maker’s obligations with benefits given it does today. The proposed rule change regarding the significantly large number of SPX The proposed rule change to permit SPX appointment cost will have no series. Requiring a Market-Maker to the Exchange to determine a Market- impact on competition, as the satisfy quoting obligations in multiple Maker’s compliance with obligations on appointment cost will stay the same, groups of SPX that, in the aggregate, a group basis rather than a class basis, and thus Market-Makers will not need as well as to establish minimum quote represent a significantly large number of to obtain any additional trading permits sizes on an expiration and premium series, may be burdensome for Market- to quote in SPX options following their basis, in addition to class basis, for the Makers to quote, which may migration to the Hybrid Trading System. SPX class ensures a continued balance disincentive Market-Makers from The proposed rule change related to of a Market-Maker’s obligations with selecting appointments in such a class bid/ask differentials will not impose any benefits. The proposed change will and thus reduce liquidity. The proposed burden on intramarket competition, apply in the same manner to Market- rule change incentivizes Market-Makers because it will apply in the same Makers that select SPX appointments. to retain SPX appointments. manner to all Market-Makers subject to As set forth in Rule 8.3(c), Market- Additionally, permitting the Exchange that requirement. It will not impose any Makers select which classes in which to determine compliance with these burden on intermarket competition, they have appointments, and thus because it relates to quoting obligations on a group basis would become subject to these obligations requirements imposed by Cboe Options. permit Market-Maker obligations to when they choose such appointments in Additionally, requiring Market-Makers apply to SPX options when it migrates their discretion. Permitting the to comply with bid/ask differential to the Hybrid Trading System in a Exchange to determine compliance with requirements with respect to electronic similar manner as they do today. For these obligations on a group basis would quotes as soon as a class begins trading example, SPX Market-Makers that permit Market-Maker obligations to will increase liquidity and tighter 19 The Exchange notes there are not currently any apply to SPX options when they markets in these classes when the class PMMs or DPMs for SPX or SPXW, and there will migrates [sic] to the Hybrid Trading starts trading. Market-Makers ultimately be none at the time of conversion of SPX to Hybrid. System, and apply to SPXW options in have to comply with these
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requirements; the proposed rule change designates the proposed rule change 10:00 a.m. and 3:00 p.m. Copies of the merely change [sic] when they must operative upon filing.23 filing also will be available for start to comply with them. At any time within 60 days of the inspection and copying at the principal filing of the proposed rule change, the office of the Exchange. All comments C. Self-Regulatory Organization’s Commission summarily may received will be posted without change. Statement on Comments on the temporarily suspend such rule change if Persons submitting comments are Proposed Rule Change Received From it appears to the Commission that such cautioned that we do not redact or edit Members, Participants, or Others action is: (i) Necessary or appropriate in personal identifying information from The Exchange neither solicited nor the public interest; (ii) for the protection comment submissions. You should received comments on the proposed of investors; or (iii) otherwise in submit only information that you wish rule change. furtherance of the purposes of the Act. to make available publicly. All If the Commission takes such action, the III. Date of Effectiveness of the submissions should refer to File Commission shall institute proceedings Number SR–CBOE–2018–029, and Proposed Rule Change and Timing for to determine whether the proposed rule Commission Action should be submitted on or before May should be approved or disapproved. 18, 2018. Because the foregoing proposed rule IV. Solicitation of Comments For the Commission, by the Division of change does not: (i) Significantly affect Interested persons are invited to Trading and Markets, pursuant to delegated the protection of investors or the public authority.24 submit written data, views, and interest; (ii) impose any significant Eduardo A. Aleman, burden on competition; and (iii) become arguments concerning the foregoing, Assistant Secretary. operative for 30 days from the date on including whether the proposed rule which it was filed, or such shorter time change is consistent with the Act. [FR Doc. 2018–08848 Filed 4–26–18; 8:45 am] as the Commission may designate, it has Comments may be submitted by any of BILLING CODE 8011–01–P become effective pursuant to Section the following methods: 19(b)(3)(A)(iii) of the Act 20 and Electronic Comments SECURITIES AND EXCHANGE subparagraph (f)(6) of Rule 19b–4 • Use the Commission’s internet COMMISSION thereunder.21 comment form (http://www.sec.gov/ A proposed rule change filed under rules/sro.shtml); or [Release No. 34–83093; File No. SR–CBOE– Rule 19b–4(f)(6) normally does not • Send an email to rule-comments@ 2018–031] become operative for 30 days after the sec.gov. Please include File Number SR– Self-Regulatory Organizations; Cboe date of the filing. However, Rule 19b– CBOE–2018–029 on the subject line. 4(f)(6)(iii) 22 permits the Commission to Exchange, Inc.; Notice of Filing and designate a shorter time if such action Paper Comments Immediate Effectiveness of a Proposed is consistent with the protection of • Send paper comments in triplicate Rule Change Concerning the VIX Large investors and the public interest. In its to Secretary, Securities and Exchange Trade Discount Program filing, Cboe Options requested that the Commission, 100 F Street NE, April 23, 2018. Commission waive the 30-day operative Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the delay. The Exchange represented that it All submissions should refer to File would like to migrate SPX options from Securities Exchange Act of 1934 (the Number SR–CBOE–2018–029. This file ‘‘Act’’),1 and Rule 19b–4 thereunder,2 the Hybrid 3.0 System to the Hybrid number should be included on the Trading System on April 30, 2018. The notice is hereby given that on April 16, subject line if email is used. To help the 2018, Cboe Exchange, Inc. (the Commission believes that waiver of the Commission process and review your 30-day operative delay is consistent ‘‘Exchange’’ or ‘‘Cboe Options’’) filed comments more efficiently, please use with the Securities and Exchange with the protection of investors and the only one method. The Commission will public interest because the proposal is Commission (the ‘‘Commission’’) the post all comments on the Commission’s proposed rule change as described in designed to modify the Hybrid Trading internet website (http://www.sec.gov/ System rules to accommodate SPX Items I, II, and III below, which Items rules/sro.shtml). Copies of the have been prepared by the Exchange. options in a manner substantively submission, all subsequent similar to how they currently are listed The Commission is publishing this amendments, all written statements notice to solicit comments on the and traded on Hybrid 3.0. In so doing, with respect to the proposed rule the proposal permits the Exchange to proposed rule change from interested change that are filed with the persons. migrate the one product currently Commission, and all written trading on Hybrid 3.0 onto the system communications relating to the I. Self-Regulatory Organization’s it uses for all other options, and to do proposed rule change between the Statement of the Terms of Substance of so in a way that minimizes disruption Commission and any person, other than the Proposed Rule Change for traders that currently trade SPX on those that may be withheld from the The Exchange proposes to amend the Hybrid 3.0 without raising novel issues. public in accordance with the VIX Large Trade Discount program. The Accordingly, the Commission waives provisions of 5 U.S.C. 552, will be text of the proposed rule change is also the 30-day operative delay and available for website viewing and available on the Exchange’s website printing in the Commission’s Public (http://www.cboe.com/AboutCBOE/ 20 15 U.S.C. 78s(b)(3)(A)(iii). Reference Room, 100 F Street NE, CBOELegalRegulatoryHome.aspx), at 21 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Washington, DC 20549, on official 4(f)(6) requires a self-regulatory organization to give the Exchange’s Office of the Secretary, the Commission written notice of its intent to file business days between the hours of and at the Commission’s Public the proposed rule change at least five business days Reference Room. prior to the date of filing of the proposed rule 23 For purposes only of waiving the 30-day change, or such shorter time as designated by the operative delay, the Commission has also Commission. The Exchange has satisfied this considered the proposed rule’s impact on 24 17 CFR 200.30–3(a)(12) and (59). requirement. efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 22 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.
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II. Self-Regulatory Organization’s 6(b)(5) 5 requirements that the rules of competition because VIX is only traded Statement of the Purpose of, and an exchange be designed to prevent on Cboe Options. To the extent that the Statutory Basis for, the Proposed Rule fraudulent and manipulative acts and proposed changes make Cboe Options a Change practices, to promote just and equitable more attractive marketplace for market In its filing with the Commission, the principles of trade, to foster cooperation participants at other exchanges, such Exchange included statements and coordination with persons engaged market participants are welcome to concerning the purpose of and basis for in regulating, clearing, settling, become Cboe Options market the proposed rule change and discussed processing information with respect to, participants. any comments it received on the and facilitating transactions in securities, to remove impediments to C. Self-Regulatory Organization’s proposed rule change. The text of these Statement on Comments on the statements may be examined at the and perfect the mechanism of a free and open market and a national market Proposed Rule Change Received From places specified in Item IV below. The Members, Participants, or Others Exchange has prepared summaries, set system, and, in general, to protect forth in sections A, B, and C below, of investors and the public interest. The The Exchange neither solicited nor the most significant aspects of such Exchange also believes the proposed received comments on the proposed statements. rule change is consistent with Section rule change. 6(b)(4) of the Act,6 which provides that III. Date of Effectiveness of the A. Self-Regulatory Organization’s Exchange rules may provide for the Proposed Rule Change and Timing for Statement of the Purpose of, and equitable allocation of reasonable dues, Commission Action Statutory Basis for, the Proposed Rule fees, and other charges among its Change Trading Permit Holders. The foregoing rule change has become 1. Purpose The Exchange believes that lowering effective pursuant to Section 19(b)(3)(A) the VIX Large Trade Discount cap is of the Act 9 and paragraph (f) of Rule The Exchange proposes to amend its reasonable because Market-Makers, 19b–4 10 thereunder. At any time within Fees Schedule. Specifically, the Broker-Dealers, Non-Trading Permit 60 days of the filing of the proposed rule Exchange proposes to amend its VIX Holder Market-Makers, Professional/ change, the Commission summarily may Large Trade Discount Program. By way Voluntary Professionals and Joint Back- temporarily suspend such rule change if of background the Exchange provides a Offices participants (i.e., non-Customer, it appears to the Commission that such discount in the form of a cap on non-Firm market participants) will action is necessary or appropriate in the transaction fees for Market-Maker, receive a further discount for very large public interest, for the protection of Broker-Dealer, Non-Trading Permit trades that they would not otherwise investors, or otherwise in furtherance of Holder Market-Maker, Professional/ receive, which promotes and encourages the purposes of the Act. If the Voluntary Professional and Joint Back- larger VIX executions on the Exchange. Commission takes such action, the Office (i.e., ‘‘M’’, ‘‘B’’, ‘‘N’’, ‘‘W’’ and ‘‘J’’ This change is equitable and not Commission will institute proceedings origin codes) executions in VIX (the ’’ unfairly discriminatory because the to determine whether the proposed rule VIX Large Trade Discount’’). amendment will apply to all non- change should be approved or Particularly, regular transaction fees are Customer, non-Firm market participants disapproved. currently only charged for up to 250,000 whose large trades qualify for the VIX options contracts per order for discount in VIX. The Exchange notes IV. Solicitation of Comments Market-Makers, Broker-Dealers, Non- that other VIX trading incentive Interested persons are invited to Trading Permit Holder Market-Makers, programs already exist for Customer and submit written data, views, and Professional/Voluntary Professionals Firm market participants.7 arguments concerning the foregoing, 3 and Joint Back-Offices. The Exchange including whether the proposed rule proposes to amend the VIX Large Trade B. Self-Regulatory Organization’s Statement on Burden on Competition change is consistent with the Act. Discount Program to provide that Comments may be submitted by any of regular transaction fees will only be The Exchange does not believe that the following methods: charged for up to 175,000 VIX options the proposed rule change will impose contracts per order. The Exchange any burden on competition that is not Electronic Comments believes the proposed amendment will necessary or appropriate in furtherance • Use the Commission’s internet incentivize the sending of large VIX of the purposes of the Act because, comment form (http://www.sec.gov/ orders. The greater liquidity and trading while the cap does not apply to rules/sro.shtml); or volume that the proposed amended cap Customers and Firms, other incentive • Send an email to rule-comments@ encourages would benefit all market programs already exist for those market sec.gov. Please include File Number SR– participants trading VIX options. participants with respect to VIX CBOE–2018–031 on the subject line. 8 2. Statutory Basis trading. Additionally, the proposed change is designed to encourage Paper Comments The Exchange believes the proposed increased VIX options volume, which • Send paper comments in triplicate rule change is consistent with the provides greater trading opportunities to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the for all market participants. The Commission, 100 F Street NE, ‘‘Act’’) and the rules and regulations Exchange believes that the proposed Washington, DC 20549–1090. thereunder applicable to the Exchange rule change will not cause an All submissions should refer to File and, in particular, the requirements of unnecessary burden on intermarket Number SR–CBOE–2018–031. This file Section 6(b) of the Act.4 Specifically, number should be included on the the Exchange believes the proposed rule 5 15 U.S.C. 78f(b)(5). subject line if email is used. To help the change is consistent with the Section 6 15 U.S.C. 78f(b)(4). Commission process and review your 7 See Cboe Options Fees Schedule, Customer comments more efficiently, please use 3 The discount applies to transaction fees only. Large Trade Discount program and the Cboe Other fees, such as the Index License Surcharge, are Options Clearing Trading Permit Holder Proprietary not discounted. Products Sliding Scale. 9 15 U.S.C. 78s(b)(3)(A). 4 15 U.S.C. 78f(b). 8 Id. 10 17 CFR 240.19b–4(f).
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only one method. The Commission will which Items have been prepared by the Current Registration Process post all comments on the Commission’s Exchange. The Commission is Once a Member 5 has qualified as a internet website (http://www.sec.gov/ publishing this notice to solicit Market Maker, such Market Maker may rules/sro.shtml). Copies of the comments on the proposed rule change seek registration in individual series of submission, all subsequent from interested persons. options pursuant to Rule 602. amendments, all written statements I. Self-Regulatory Organization’s Specifically, Rule 602(b) provides that with respect to the proposed rule ‘‘[a] Market Maker may become change that are filed with the Statement of the Terms of Substance of the Proposed Rule Change registered in a series by entering a Commission, and all written registration request via an Exchange communications relating to the The Exchange is filing a proposal to approved electronic interface with the proposed rule change between the amend MIAX PEARL Rule 602, Exchange’s Systems by 9:00 a.m. Eastern Commission and any person, other than Continuing Market Maker Registration, Time. Registration shall become those that may be withheld from the to modify the Market Maker 3 series effective on the day the registration public in accordance with the registration process utilized by the request is entered.’’ 6 provisions of 5 U.S.C. 552, will be Exchange. available for website viewing and The text of the proposed rule change Proposed Registration Process printing in the Commission’s Public is available on the Exchange’s website at The Exchange proposes to amend Reference Room, 100 F Street NE, http://www.miaxoptions.com/rule- MIAX PEARL Rule 602(b) to modify the Washington, DC 20549 on official filings/pearl at MIAX PEARL’s principal process by which a Market Maker business days between the hours of office, and at the Commission’s Public becomes registered in a series. 10:00 a.m. and 3:00 p.m. Copies of the Reference Room. Specifically, the Exchange proposes to filing also will be available for amend the rule text to state that inspection and copying at the principal II. Self-Regulatory Organization’s registration may be requested by either office of the Exchange. All comments Statement of the Purpose of, and utilizing the currently approved MIAX received will be posted without change. Statutory Basis for, the Proposed Rule Express Order (‘‘MEO’’) 7 interface, Persons submitting comments are Change which requires series registration to be cautioned that we do not redact or edit In its filing with the Commission, the submitted prior to 9:00 a.m. Eastern personal identifying information from Exchange included statements Time of the current trading day, which comment submissions. You should concerning the purpose of and basis for registration request shall be submitted submit only information that you wish the proposed rule change and discussed for every requested trading day, or an to make available publicly. All any comments it received on the additional Exchange approved submissions should refer to File proposed rule change. The text of these electronic interface, which requires Number SR–CBOE–2018–031 and statements may be examined at the series registration to be submitted prior should be submitted on or before May places specified in Item IV below. The to 6:00 p.m. Eastern Time of the 18, 2018. Exchange has prepared summaries, set business day immediately preceding the For the Commission, by the Division of forth in sections A, B, and C below, of next trading day, which registration Trading and Markets, pursuant to delegated the most significant aspects of such request shall persist until it is 11 authority. statements. withdrawn. A Market Maker can Eduardo A. Aleman, withdraw a registration request by Assistant Secretary. A. Self-Regulatory Organization’s utilizing the same tool as it used to [FR Doc. 2018–08851 Filed 4–26–18; 8:45 am] Statement of the Purpose of, and submit such request. Statutory Basis for, the Proposed Rule BILLING CODE 8011–01–P The purpose of this proposed change Change is to accommodate an additional 1. Purpose Exchange approved electronic interface SECURITIES AND EXCHANGE that the Exchange intends to make COMMISSION The Exchange proposes to amend available to Market Makers for series MIAX PEARL Rule 602, Continuing registration, which additional electronic [Release No. 34–83092; File No. SR– Market Maker Registration, to modify interface has a different submission PEARL–2018–11] the Market Maker series registration deadline than the existing approved Self-Regulatory Organizations; MIAX process utilized by the Exchange. The electronic interface, and which PEARL, LLC; Notice of Filing and Exchange believes this proposal would additional electronic interface allows Immediate Effectiveness of a Proposed simplify and enhance the efficiency of the registration request to persist until a Rule Change To Amend Rule 602, the Market Maker series registration new request is submitted (whereas the Continuing Market Maker Registration process, for both Market Makers and the existing electronic interface does not Exchange. Other option exchanges allow the registration request to April 23, 2018. generally have comparable Market persist—it requires a Market Maker to Pursuant to Section 19(b)(1) of the Maker series registration processes.4 Securities Exchange Act of 1934 (‘‘NYSE American’’), Rule 923NY (Appointment of (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 3 The term ‘‘Market Maker’’ or ‘‘MM’’ means a Market Makers). notice is hereby given that on April 13, Member registered with the Exchange for the 5 The term ‘‘Member’’ means an individual or 2018, MIAX PEARL, LLC (‘‘MIAX purpose of making markets in options contracts organization that is registered with the Exchange traded on the Exchange and that is vested with the pursuant to Chapter II of the Rules for purposes of PEARL’’ or ‘‘Exchange’’) filed with the rights and responsibilities specified in Chapter VI trading on the Exchange as an ‘‘Electronic Exchange Securities and Exchange Commission of the Exchange rules. See Exchange Rule 100. Member’’ or ‘‘Market Maker.’’ Members are deemed (‘‘Commission’’) a proposed rule change 4 See, e.g., Cboe BZX Exchange, Inc. (‘‘BZX ‘‘members’’ under the Exchange Act. See Exchange as described in Items I, II, and III below, Options’’) Rules 22.3(a), (b) (Market Maker Rule 100. Registration); see also Nasdaq PHLX, LLC (‘‘Phlx’’) 6 See Exchange Rule 602(b). Rule 3212(b) (Registration as a Market Maker); 7 The term ‘‘MEO Interface’’ means a binary order 11 17 CFR 200.30–3(a)(12). Nasdaq Options Market (‘‘NOM’’), Chapter VII interface used for submitting certain order types (as 1 15 U.S.C. 78s(b)(1). (Market Participants), Section 3(a), (b) (Continuing set forth in Rule 516) to the MIAX PEARL System. 2 17 CFR 240.19b–4. Market Maker Registration); NYSE American, LLC See Exchange Rule 100.
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resubmit for every trading day). The period. The Exchange notes that it will Exchange’s proposal to remove Rule Exchange believes that adding more continue to be permitted to suspend or 602(c) is based on the rules of another detail to the rule text would make it terminate a registered Market Maker Exchange.12 Accordingly, the Exchange clear to Market Makers that it is under Rule 600(b) if it is found that the believes that the proposed changes to mandatory to utilize one of the two Market Maker has failed in its Rule 602 are not material and raise no Exchange approved electronic interfaces obligations to maintain active markets new or novel issues. for series registration, and that there are under Rule 604(a)(6) or fails its 2. Statutory Basis different submission deadlines and obligation to provide continuous two- requirements for resubmission for each sided quotes under Rule 605(d).9 MIAX PEARL believes that its device. Accordingly, Market Makers Removing Rule 602(c) would simply proposed rule change is consistent with would continue to self-register in a remove the non-discretionary Section 6(b) 13 of the Securities series, however the Market Maker requirement that the Exchange must Exchange Act of 1934 (the ‘‘Act’’), in would select the method to use, and terminate a Market Maker’s registration general, and furthers the objectives of thereby clearly understand when a in a series if it does not enter quotations Section 6(b)(5),14 in particular, in that it series registration must be submitted for in the series within five business days is designed to prevent fraudulent and that particular method and the of registration. manipulative acts and practices, to submission frequency related thereto. The Exchange currently conducts promote just and equitable principles of Market Makers may choose to use either surveillance to monitor and enforce trade, to foster cooperation and Exchange approved electronic interface, compliance with the ‘‘active markets’’ coordination with persons engaged in or any combination of the two, to provision of Rule 604(a)(6) for all facilitating transactions in securities, process their series registrations and Market Makers. A registered Market and to remove impediments to and withdrawals. Maker is subject to the Rule 604(a)(6) perfect the mechanism of a free and The Exchange believes that offering surveillance for the entire time the open market and a national market Market Makers an additional electronic Market Maker is registered, including system. interface for series registration will be the first five days covered by Rule The Exchange believes that the beneficial for Market Makers because it 602(c). If a registered Market Maker is proposed rule change removes will provide Market Makers with greater found by surveillance not to be impediments to a free and open market flexibility on how to perform series maintaining active markets in the option because it would enable Market Makers registration. The Exchange also believes series in which it is registered, the to manage their series registration and that it will provide Market Makers with Exchange will determine the the submission frequency related greater and more efficient access to the appropriate course of action against thereto, with more flexibility through securities in which they want to make such Market Maker. The Exchange may the use of multiple electronic interfaces. markets and disseminate competitive take actions of escalating severity The Exchange believes the proposed quotations, which would provide against the offending Market Maker change would reduce the burden on additional liquidity and enhance from suspending the Market Maker up both Market Makers and Exchange staff, competition in those securities. to terminating the Market Maker in the which would result in a fair and In addition, the Exchange also options in which it fails to maintain reasonable use of resources to the proposes to delete Rule 602(c), in its active markets or bringing formal benefit of all market participants. In entirety. Presently, sub-section (c) states action.10 particular, the proposal will enable that, ‘‘[a] Market Maker’s registration in The Exchange notes that its Market Market Makers to have a choice of a series shall be terminated if the Market Maker series registration process is multiple electronic interfaces to perform Maker fails to enter quotations in the generally similar in structure to the series registration, and consequently series within five (5) business days after comparable processes at other will provide Market Makers with more the Market Maker’s registration in the exchanges.11 Additionally, the efficient access to the securities in series becomes effective.’’ 8 which they want to make markets and The Exchange believes that Rule 9 See Exchange Rule 600(b) (‘‘The registration of thus more quickly begin disseminating 602(c), when read in conjunction with any Member as a Market Maker may be suspended competitive quotations in those certain other Exchange Rules, could or terminated by the Exchange upon a securities, which would provide potentially be interpreted to be determination that such Member has failed to properly perform as a Market Maker.’’). additional liquidity and enhance inconsistent with such rules. In 10 See Exchange Rule 600(b). competition in those securities. particular, Rule 604(a)(6) provides that 11 See e.g., BZX Options Rules 22.3(a) (‘‘An In addition, the Exchange believes Market Makers are expected to Options Member that has qualified as an Options that the proposed deletion of sub- ‘‘maintain active markets’’ in all series Market Maker may register to make markets in section (c) of Rule 602 promotes just in which they are registered. Rule 602(c) individual series of options’’); NOM, Chapter VII, Section 3(a) (‘‘An Options Participant that has and equitable principles of trade and applies only to the first five days that a qualified as an Options Market Maker may register provides clarity for the benefit of Market Market Maker is registered, whereas to make markets in individual options.’’). See also Makers and the marketplace as a whole Rule 604(a)(6) continues for as long as Phlx Rule 3212(b) (‘‘A PSX Market Maker may the Market Maker is registered in a become registered in an issue by entering a registration request via an Exchange approved Exchange’s systems by 9:00 a.m. Eastern time. series. When read together, the electronic interface with PSX’s systems or by Registration shall become effective on the day the Exchange believes that there is potential contacting PSX Market Operations. Registration registration request is entered’’); NOM, Chapter VII, for an inconsistent interpretation shall become effective on the day the registration Section 3(b) (‘‘An Options Market Maker may become registered in an option by entering a relating to a Market Maker’s quoting request is entered’’); Phlx Rule 3220(a) (‘‘A market maker may voluntarily terminate its registration in registration request via a Nasdaq approved obligations during the first five days a security by withdrawing its two-sided quotation electronic interface with Nasdaq’s systems. after registering in a series. In the from PSX. A PSX Market Maker that voluntarily Registration shall become effective on the day the Exchange’s view, the requirement to terminates its registration in a security may not re- registration request is entered.’’). 12 maintain active markets should be the register as a market maker for one (1) business See Securities Exchange Act Release No. 79039 day.’’). See also BZX Options Rules 22.3(b) (‘‘An (October 4, 2016), 81 FR 70198 (October 11, 2016) same throughout the entire registration Options Market Maker may become registered in a (SR–BatsBZX–2016–62). series by entering a registration request via an 13 15 U.S.C. 78f(b). 8 See Rule 602(c). Exchange approved electronic interface with the 14 15 U.S.C. 78f(b)(5).
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by deleting rule text that could interest; (ii) impose any significant proposed rule change between the potentially be inconsistent with certain burden on competition; and (iii) become Commission and any person, other than other Exchange rules. Additionally, the operative for 30 days after the date of those that may be withheld from the Exchange believes the proposal is the filing, or such shorter time as the public in accordance with the consistent with Section 6(b)(1) 15 in that Commission may designate, it has provisions of 5 U.S.C. 552, will be it enables the Exchange to be so become effective pursuant to 19(b)(3)(A) available for website viewing and organized as to have the capacity to be of the Act 17 and Rule 19b–4(f)(6) 18 printing in the Commission’s Public able to carry out the purposes of the thereunder. Reference Room, 100 F Street NE, Exchange Act and to comply, and to At any time within 60 days of the Washington, DC 20549, on official enforce compliance by its exchange filing of the proposed rule change, the business days between the hours of members and persons associated with Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the its exchange members with the rules of temporarily suspend such rule change if filing also will be available for the Exchange—in particular, the it appears to the Commission that such inspection and copying at the principal Exchange’s Market Maker obligations. action is necessary or appropriate in the office of the Exchange. All comments Accordingly, the Exchange believes this public interest, for the protection of received will be posted without change. proposal is consistent with Section 6(b) investors, or otherwise in furtherance of Persons submitting comments are of the Exchange Act.16 the purposes of the Act. If the cautioned that we do not redact or edit Commission takes such action, the personal identifying information from B. Self-Regulatory Organization’s Commission shall institute proceedings comment submissions. You should Statement on Burden on Competition to determine whether the proposed rule submit only information that you wish The Exchange does not believe that should be approved or disapproved. to make available publicly. All the proposed rule change would impose submissions should refer to File IV. Solicitation of Comments any burden on competition that is not Number SR–PEARL–2018–11 and necessary or appropriate in furtherance Interested persons are invited to should be submitted on or before May of the purposes of the Act because it submit written data, views, and 18, 2018. applies equally to a group of similarly arguments concerning the foregoing, For the Commission, by the Division of situated market participants—Market including whether the proposed rule Trading and Markets, pursuant to delegated Makers. The proposed rule change change is consistent with the Act. authority.19 would reduce the burden on Market Comments may be submitted by any of Eduardo A. Aleman, Makers to manage their series the following methods: Assistant Secretary. registration and thus provide liquidity Electronic Comments to the Exchange. [FR Doc. 2018–08850 Filed 4–26–18; 8:45 am] Market Makers would still be subject • Use the Commission’s internet BILLING CODE 8011–01–P to the same obligations with respect to comment form (http://www.sec.gov/ their registration; the proposed rule rules/sro.shtml); or change would make the registration • Send an email to rule-comments@ SMALL BUSINESS ADMINISTRATION process more efficient for such Market sec.gov. Please include File Number SR– Makers. The Exchange believes that the PEARL–2018–11 on the subject line. Reporting and Recordkeeping proposed rule change would relieve any Requirements Under OMB review Paper Comments burden on, or otherwise promote, AGENCY: Small Business Administration. competition, as it would enable Market • Send paper comments in triplicate ACTION: 30-Day notice. Makers to manage their registration with to Secretary, Securities and Exchange more flexibility through the use of Commission, 100 F Street NE, SUMMARY: The Small Business multiple electronic interfaces. The Washington, DC 20549–1090. Administration (SBA) is publishing this Exchange believes this would provide All submissions should refer to File notice to comply with requirements of Market Makers with more efficient Number SR–PEARL–2018–11. This file the Paperwork Reduction Act (PRA), access to the securities in which they number should be included on the which requires agencies to submit want to make markets and thus more subject line if email is used. To help the proposed reporting and recordkeeping quickly begin disseminating competitive Commission process and review your requirements to OMB for review and quotations in those securities, which comments more efficiently, please use approval, and to publish a notice in the would provide additional liquidity and only one method. The Commission will Federal Register notifying the public enhance competition in those securities. post all comments on the Commission’s that a submission. internet website (http://www.sec.gov/ C. Self-Regulatory Organization’s DATES: Submit comments on or before rules/sro.shtml). Copies of the Statement on Comments on the May 29, 2018. submission, all subsequent Proposed Rule Change Received From ADDRESSES: Comments should refer to amendments, all written statements Members, Participants, or Others the information collection by name and/ with respect to the proposed rule or OMB Control Number and should be Written comments were neither change that are filed with the sent to: Agency Clearance Officer, Curtis solicited nor received. Commission, and all written Rich, Small Business Administration, communications relating to the III. Date of Effectiveness of the 409 3rd Street SW, 5th Floor, Proposed Rule Change and Timing for Washington, DC 20416; and SBA Desk Commission Action 17 15 U.S.C. 78s(b)(3)(A). 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Officer, Office of Information and Because the foregoing proposed rule 4(f)(6) requires a self-regulatory organization to give Regulatory Affairs, Office of change does not: (i) Significantly affect the Commission written notice of its intent to file Management and Budget, New the protection of investors or the public the proposed rule change at least five business days Executive Office Building, Washington, prior to the date of filing of the proposed rule change, or such shorter time as designated by the DC 20503. 15 15 U.S.C. 78f(b)(1). Commission. The Exchange has satisfied this 16 15 U.S.C. 78f(b). requirement. 19 17 CFR 200.30–3(a)(12).
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FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: This —Consideration and adoption of Curtis Rich, Agency Clearance Officer, document provides the public with proposed amendments to the (202) 205–7030 [email protected]. notice of the Administrator’s delegation Convention SUPPLEMENTARY INFORMATION: The of authority, dated April 18, 2018, to the —Review and update the Explanatory information collected is used by Small Chief of Staff to perform the functions Manual to the FAL Convention Business Administration to monitor the of the Chief Operating Officer. —Application of single-window concept Agents, fees charged by Agents, and the Delegation of Authority No. 24 to the —Review and revision of the IMO relationship between Agents and Chief Operating Officer (77 FR 20474, Compendium on Facilitation and lenders. The information helps SBA to April 4, 2012) is hereby superseded by Electronic Business determine among other things whether this Delegation of Authority No. 24 —Developing guidance for borrowers are paying unnecessary, (Revision 1). authentication, integrity and unreasonable or prohibitive fees. This delegation of authority reads as confidentiality of content for the Copies: A copy of the Form OMB 83– follows: purpose of exchange via a maritime 1, supporting statement, and other Pursuant to the authority vested in single window documents submitted to OMB for me, I hereby delegate to the SBA Chief —Update the guidelines for setting up a review may be obtained from the of Staff the authority to perform all of single window system in maritime Agency Clearance Officer. the functions of the SBA Chief transport Solicitation of Public Comments Operating Officer. —Unsafe mixed migration by sea The authority delegated herein may —Consideration and analysis of reports Comments may be submitted on (a) not be re-delegated. In the event that the and information on persons rescued at whether the collection of information is Chief of Staff is absent from the office, sea and stowaways necessary for the agency to properly as defined in SBA Standard Operating perform its functions; (b) whether the —Technical cooperation activities Procedure 00 01 2, or is unable to related to facilitation of maritime burden estimates are accurate; (c) perform the functions and duties of the whether there are ways to minimize the traffic position, an individual serving in an —Relations with other organizations burden, including through the use of acting capacity or pursuant to a written automated techniques or other forms of —Application of the Committee’s and established line of succession shall procedures on organization and information technology; and (d) whether have the authority delegated herein. there are ways to enhance the quality, method of work All previous delegations of authority —Work program utility, and clarity of the information. from the Administrator to any other Summary of Information Collections: —Election of Chair and Vice-Chair for officer of the Agency are hereby 2019 (1) Title: Compensation Agreement. superseded to the extent that such Description of Respondents: 7(a) —Any other business previous delegations are inconsistent Lenders, 504 Applications, and Disaster Members of the public may attend with this delegation of authority. This Loan request. this meeting up to the seating capacity authority will remain in effect until Form Number: SBA Form 159 (7a), of 30 for the room. Upon request to the revoked in writing by the Administrator 159 (504), 159D. meeting coordinator, members of the or by operation of law. Estimated Annual Respondents: public may also participate via 9,210. Authority: 15 U.S.C. 634 and 31 U.S.C. teleconference, up to the capacity of the Estimated Annual Responses: 9,210. 1123. teleconference phone line, which will Estimated Annual Hour Burden: Dated: April 18, 2018. handle 500 participants. To access the 1,385. Linda E. McMahon, teleconference line, participants should Curtis Rich, Administrator. call (202) 475–4000 and use Participant Management Analyst. [FR Doc. 2018–08978 Filed 4–26–18; 8:45 am] Code: 764 990 20#. To facilitate the building security process, and to request [FR Doc. 2018–08907 Filed 4–26–18; 8:45 am] BILLING CODE 8025–01–P reasonable accommodation, those who BILLING CODE 8025–01–P plan to attend should contact the meeting coordinator, Mr. James Bull, by SMALL BUSINESS ADMINISTRATION DEPARTMENT OF STATE email at [email protected], by phone at (202) 372–1144, or in writing [Delegation of Authority No. 24 (Revision [Public Notice 10402] at 2703 Martin Luther King Jr. Ave. SE, 1)] Stop 7509, Washington, DC 20593–7509 Delegation of Authority; Chief Notice of Public Meeting not later than May 17, 2018, seven days prior to the meeting. Requests made Operating Officer Functions Delegated The Department of State will conduct after May 17, 2018, might not be able to to Chief of Staff an open meeting at 9:00 a.m. on be accommodated. The ABS Consulting Thursday, May 24, 2018, at the offices AGENCY: U.S. Small Business office is accessible by taxi, public of ABS Consulting, 1525 Wilson Administration. transportation, and privately owned Boulevard, Suite 625, Arlington, ACTION: Notice of delegation of conveyance. Virginia 22209. The primary purpose of authority. Additional information regarding this the meeting is to prepare for the forty- and other IMO public meetings may be SUMMARY: second session of the International This is notice that the found at: https://www.dco.uscg.mil/ Maritime Organization’s (IMO) Administrator of the Small Business IMO. Administration (SBA) has delegated to Facilitation Committee to be held at the the Chief of Staff of SBA the functions IMO Headquarters, United Kingdom, Joel C. Coito, of the SBA Chief Operating Officer. June 5–8, 2018. Coast Guard Liaison Officer, Office of Ocean FOR FURTHER INFORMATION CONTACT: The agenda items to be considered and Polar Affairs, Department of State. Nicole Nelson, 409 Third Street SW, include: [FR Doc. 2018–08880 Filed 4–26–18; 8:45 am] Washington, DC 20416, (202) 205–7540. —Decisions of other IMO bodies BILLING CODE 4710–09–P
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DEPARTMENT OF STATE SURFACE TRANSPORTATION BOARD Committee (TPSC) will convene a public hearing on the GSP country [Docket No. FD 36181] [Public Notice 10401] practice reviews of India, Indonesia, and Kasgro Rail Corp.—Lease and Kazakhstan in Rooms 1 and 2, 1724 F Advisory Committee on International Operation Exemption—KJ Rail Street NW, Washington, DC 20508, Economic Policy; Notice of Open Logistics LLC beginning at 10:00 a.m. Meeting June 5, 2018 at midnight EDT: AGENCY: Surface Transportation Board. Deadline for submission of comments, The Advisory Committee on ACTION: Correction to notice of pre-hearing briefs, and requests to International Economic Policy (ACIEP) exemption. appear at the June 19, 2018, public will meet from 1:30 until 4:00 p.m., on hearing. Wednesday, May 16 in Washington DC On March 29, 2018, Kasgro Rail Corp. at the State Department, 320 21st St. (Kasgro) filed a verified notice of July 17, 2018 at midnight EDT: NW. The meeting will be hosted by the exemption under 49 CFR 1150.41 to Deadline for submission of post-hearing Assistant Secretary of State for lease from KJ Rail Logistics LLC, a briefs. noncarrier, and operate approximately Economic and Business Affairs, ADDRESSES: USTR strongly prefers 1.6 miles of rail line located in LaPorte Manisha Singh, and Committee Chair electronic submissions made through County, Ind., between milepost 0.0 and Paul R. Charron. The ACIEP serves the the Federal eRulemaking Portal: https:// milepost 1.6 (the Line). On April 13, U.S. government in a solely advisory www.regulations.gov. Follow the 2018, notice of the exemption was capacity, and provides advice instructions for submitting comments in served and published in the Federal concerning topics in international section D below. The docket number for Register (83 FR 16,168). economic policy. It is expected that On April 16, 2018, Kasgro filed an the India review is USTR–2018–0006. during this meeting the Sanctions errata stating that the Line does not The docket number for the Indonesia Subcommittee will provide an update connect with CSX Transportation, Inc. review is USTR–2018–0007. The docket on its recent work. Other at milepost 0.0 as Kasgro indicated in its number for the Kazakhstan review is subcommittees, such as the Stakeholder verified notice but rather with Chicago USTR–2018–0008. For alternatives to Advisory Board, might also present South Shore & South Bend Railroad on-line submissions, please contact updates. (CSS) at milepost 0.0. Accordingly, this Yvonne Jamison at 202–395–3475. This meeting is open to the public, notice identifies the connecting carrier FOR FURTHER INFORMATION CONTACT: though seating is limited. Entry to the as CSS. All other information in the Erland Herfindahl, Deputy Assistant building is controlled. To obtain pre- April 13, 2018 notice is correct. U.S. Trade Representative for GSP at clearance for entry, members of the Board decisions and notices are [email protected] or 202– public planning to attend must, no later available on our website at 395–6364. than Friday, May 4, provide their full ‘‘WWW.STB.GOV.’’ SUPPLEMENTARY INFORMATION: name and professional affiliation (if Decided: April 24, 2018. any) to Alan Krill by email: KrillA@ By the Board, Scott M. Zimmerman, Acting A. Background state.gov. Requests for reasonable Director, Office of Proceedings. The GSP program provides for the accommodation should also be made to Raina Contee, Alan Krill before Friday, May 14. duty-free treatment of designated Clearance Clerk. Requests made after that date will be articles when imported from beneficiary considered, but might not be possible to [FR Doc. 2018–08945 Filed 4–26–18; 8:45 am] developing countries. The GSP program fulfill. BILLING CODE 4915–01–P is authorized by Title V of the Trade Act This information is being collected of 1974 (19 U.S.C. 2461–2467), as pursuant to 22 U.S.C. 2651a and 22 amended, and is implemented in OFFICE OF THE UNITED STATES U.S.C. 4802 for the purpose of screening accordance with Executive Order 11888 TRADE REPRESENTATIVE and pre-clearing participants to enter of November 24, 1975, as modified by the host venue at the U.S. Department [Docket Numbers USTR–2018–0006, 2018– subsequent Executive Orders and of State, in line with standard security 007, and 2018–008] Presidential Proclamations. procedures for events of this size. The B. Initiation of a Country Practice Department of State will use this Initiation of Country Practice Reviews of India, Indonesia, and Kazakhstan Review of India, Indonesia, and information consistent with the routine Kazakhstan uses set forth in the System of Records AGENCY: Office of the United States Notices for Protocol Records (STATE– Trade Representative. USTR will lead a review of the 33) and Security Records (State-36). ACTION: Notice of public hearing and eligibility of India, Indonesia, and Provision of this information is request for comments. Kazakhstan for benefits under the GSP voluntary, but failure to provide program. These country practice accurate information may impede your SUMMARY: The Office of the United reviews are undertaken on the ability to register for the event. States Trade Representative (USTR) is recommendation of the TPSC pursuant For additional information, contact announcing the initiation of country to 15 CFR 2007.0(f) to determine Alan Krill, Bureau of Economic and practice reviews regarding compliance whether the current laws and practices Business Affairs, at (202) 647–2231, or with the Generalized System of of India, Indonesia, and Kazakhstan [email protected]. Preferences (GSP) eligibility criteria of meet the GSP eligibility criteria. These India, Indonesia, and Kazakhstan. This reviews are the result of country Alan B. Krill, notice includes the schedule for eligibility petitions submitted by Designated Federal Officer, Department of submission of public comments and a interested stakeholders and an State. public hearing. assessment of the 25 Asian and Pacific [FR Doc. 2018–08918 Filed 4–26–18; 8:45 am] DATES: June 19, 2018: The GSP Island GSP beneficiary countries BILLING CODE 4710–07–P Subcommittee of the Trade Policy Staff conducted by the GSP Subcommittee.
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1. India Country Eligibility Review afford internationally recognized worker However, if there are new The country practice review of India rights to workers in the country (19 developments or information that will focus on whether it is meeting the U.S.C. 2462(b)(2)(G)). USTR is accepting parties wish to share with the GSP GSP eligibility criterion that requires a a petition filed by the American Subcommittee after this date, the GSP beneficiary country to assure the Federation of Labor and Congress of www.regulations.gov docket will remain open until a final decision is made. Post United States that it will provide Industrial Organizations (AFL–CIO). all comments, letters, or other equitable and reasonable access to its The petition alleges that the submissions related to the appropriate market (19 U.S.C. 2462(c)(4)). USTR is Government of Kazakhstan actively docket listed above via accepting two petitions asserting that restricts the right to form trade unions www.regulations.gov. India is not meeting this criterion: One and employer associations without prior from the National Milk Producers permission, prevents workers and D. Requirements for Submissions Federation and the U.S. Dairy Export employers from joining organizations of their own choosing, interferes in the All submissions in response to this Council, and the other from the notice must conform to the GSP Advanced Medical Technology structure and activities of worker and employer organizations, and targets regulations set forth at 15 CFR part 2007 Association. In addition, through the (https://www.ecfr.gov/cgi-bin/ new GSP Country Assessment process, labor leaders with arrests and prosecutions for exercising their rights. textidx?SID=271bd12a5ef9cae0c the GSP Subcommittee identified 4c178d1131ac292&mc=true&node= potential concerns with India’s C. Notice of Public Hearing pt15.3.2007&rgn=div5), except as compliance with the GSP criterion that The GSP Subcommittee will hold a modified below. requires a GSP beneficiary country to hearing on June 19, 2018, beginning at The GSP Subcommittee strongly assure the United States that it will 10:00 a.m., to receive information encourages on-line submissions through provide equitable and reasonable access regarding the country practice reviews the https://www.regulations.gov to its market (19 U.S.C. 2462(c)(4)). As of India, Indonesia, and Kazakhstan. website. All submissions must be in described in the India Chapter of the The hearing will be held in Rooms 1 English and must be transmitted 2018 National Trade Estimate Report on and 2, 1724 F Street NW, Washington, electronically via www.regulations.gov Foreign Trade Barriers, India has using the appropriate docket number DC 20508, and will be open to the implemented a wide array of trade listed above. To make a submission via public and to the press. We will make barriers that create serious negative www.regulations.gov, enter the a transcript of the hearing available on effects on U.S. commerce. Due to the appropriate docket number on the home www.regulations.gov within similar nature of the issues raised in page and click ‘‘search’’. The site will approximately two weeks after the date these petitions with concerns identified provide a search-results page listing all of the hearing. All interested parties in the assessment process, the petitions documents associated with the docket. wishing to make an oral presentation at and the self-initiated review will be Find a reference to this notice and click the hearing must submit, following the combined into one overall review of on the link entitled ‘‘Comment Now’’. Requirements for Submissions set out India’s GSP eligibility based on the GSP For further information on using below, the name, address, telephone market access criterion. www.regulations.gov, please consult the number, and email address, if available, resources provided on the website by 2. Indonesia Country Eligibility Review of the witness(es) representing their clicking on ‘‘How to Use The country practice review of organization by midnight on June 5, Regulations.gov’’ on the bottom of the Indonesia will focus on whether it is 2018. home page. We will not accept hand- meeting two GSP criteria: (1) The GSP Requests to present oral testimony delivered submissions. criterion that requires a GSP beneficiary must be accompanied by a written brief The www.regulations.gov website country to assure the United States that or summary statement, in English. The allows users to provide comments by it will provide equitable and reasonable GSP Subcommittee will limit oral filling in a ‘‘Type Comment’’ field, or by access to its market (19 U.S.C. testimony before the GSP Subcommittee attaching a document using an ‘‘Upload 2462(c)(4)), and (2) the GSP criterion to five-minute presentations that File’’ field. The GSP Subcommittee that requires a GSP beneficiary country summarize or supplement information prefers that you provide submissions as to reduce trade-distorting investment contained in briefs or statements an attached document. If a document is practices and reduce or eliminate submitted for the record. The GSP attached, please type ‘‘GSP Review of barriers to trade in services (19 U.S.C. Subcommittee will accept post-hearing [Country]’’ in the ‘‘Type Comment’’ 2462(c)(6)). As described in the briefs or statements if they conform to field. USTR prefers submissions in Indonesia Chapter of the 2018 National the requirements set out below and are Microsoft Word (.doc) or Adobe Acrobat Trade Estimate Report on Foreign Trade submitted in English, by midnight on (.pdf) format. If the submission is in Barriers, Indonesia has implemented a July 17, 2018. another file format, please indicate the wide array of trade barriers that create Parties not wishing to appear at the name of the software application in the serious negative effects on U.S. public hearing may submit pre-hearing ‘‘Type Comment’’ field. File names commerce. The existing review of and post-hearing briefs or comments by should reflect the name of the person or Indonesia’s compliance with the GSP these deadlines. In order to be assured entity submitting the comments. Please criterion related to intellectual property of consideration, you must submit all do not attach separate cover letters to rights (19 U.S.C. 2462(c)(5)) is separate, post-hearing briefs or statements by the electronic submissions; rather, include and will continue. July 17, 2018 deadline to the any information that might appear in a appropriate docket via www.regulations. cover letter in the comments 3. Kazakhstan Country Eligibility gov: themselves. Similarly, to the extent Review India (market access): USTR–2018–0006 possible, please include any exhibits, The country practice review of Indonesia (market access; investment annexes, or other attachments in the Kazakhstan will focus on whether it is and services): USTR–2018–0007 same file as the comment itself, rather meeting the GSP criterion requiring a Kazakhstan (worker rights): USTR– than submitting them as separate files. GSP beneficiary country to take steps to 2018–0008 Submissions should not exceed 30
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single-spaced, standard letter-size pages number in the search field on the home information collection, including (a) in 12-point type, including attachments. page. Whether the proposed collection of information is necessary for FAA’s For any comments submitted Erland Herfindahl, electronically containing business performance; (b) the accuracy of the Deputy Assistant U.S. Trade Representative estimated burden; (c) ways for FAA to confidential information, the file name for the Generalized System of Preferences and enhance the quality, utility and clarity of the business confidential version Chair of the GSP Subcommittee of the Trade of the information collection; and (d) should begin with the characters ‘‘BC’’. Policy Staff Committee, Office of the United States Trade Representative. ways that the burden could be Any page containing business minimized without reducing the quality confidential information must be clearly [FR Doc. 2018–08868 Filed 4–26–18; 8:45 am] BILLING CODE 3290–F8–P of the collected information. The agency marked ‘‘BUSINESS CONFIDENTIAL’’ will summarize and/or include your on the top of that page and the comments in the request for OMB’s submission should clearly indicate, via DEPARTMENT OF TRANSPORTATION clearance of this information collection. brackets, highlighting, or other means, FOR FURTHER INFORMATION CONTACT: the specific information that is business Federal Aviation Administration Barbara Hall at (940) 594–5913, or by confidential. A filer requesting business email at: [email protected]. confidential treatment must certify that Agency Information Collection SUPPLEMENTARY INFORMATION: Activities: Requests for Comments; the information is business confidential OMB Control Number: 2120–XXXX. Clearance of New Approval of and would not customarily be released Title: FAA Aircraft Noise Complaint Information Collection: FAA Aircraft to the public by the submitter. and Inquiry System (FAA Noise Portal). Noise Complaint and Inquiry System Additionally, the submitter should Form Numbers: There are no forms. (FAA Noise Portal) type ‘‘Business Confidential GSP Type of Review: This is clearance of Review of [Country]’’ in the ‘‘Type AGENCY: Federal Aviation new information collection. Comment’’ field. Filers of submissions Administration (FAA), DOT. Background: The Federal Register containing business confidential ACTION: Notice and request for Notice with a 60-day comment period information also must submit a public comments. soliciting comments on the following version of their comments that we will collection of information was published SUMMARY: In accordance with the place in the docket for public on November 2, 2017 (82 FR 50932). Paperwork Reduction Act of 1995, the inspection. The file name of the public In summary, the FAA received FAA invites public comments about our version should begin with the character comments from 21 individuals; two intention to request the Office of aviation organizations, Airlines for ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be Management and Budget (OMB) America (A4A) and the Airports followed by the name of the person or approval for a new information International Council of North America entity submitting the comments. Filers collection. The Federal Register Notice (ACI–NA); the Port of Seattle, which has submitting comments containing no with a 60-day comment period soliciting oversight and management of Seattle- business confidential information comments on the following collection of Tacoma International Airport (Sea-Tac); should name their file using the name information was published on and the cities of SeaTac, WA and of the person or entity submitting the November 2, 2017. The voluntary College Park, GA. Several individuals comments. collection is part of the FAA’s goal to complained about aircraft noise at You will receive a submission more effectively and efficiently address specific airports, which was not tracking number upon completion of the noise complaints or inquiries it receives. applicable to the public notice. We submissions procedure at The collection includes information noted this as N/A in the FAA comment www.regulations.gov. The tracking such as name, email address, street or response matrix for OMB and restated number is your confirmation that the cross street, city, state, zip code, and a the purpose of the FAA Noise Portal. description of the aircraft noise submission was received into Other individuals commented that the complaint or inquiry. The level of www.regulations.gov. The GSP FAA Noise Portal would be useless information to be collected is necessary because it would not improve their Subcommittee is not able to provide to allow the FAA to respond to the noise technical assistance for the website. The current noise situation. complaint or inquiry. Several commenters questioned what GSP Subcommittee may not consider DATES: Written comments should be the FAA would do with the data we documents that are not submitted in submitted by May 29, 2018. collected. In our response we explained accordance with these instructions. ADDRESSES: Interested persons are that the FAA would use the data to As noted, the GSP Subcommittee invited to submit written comments on identify common complaints or strongly urges submitters to file the proposed information collection to inquiries so we could post commonly comments through the Office of Information and Regulatory asked questions and answers to the www.regulations.gov. You must make Affairs, Office of Management and regional websites to inform those any alternative arrangements with Budget. Comments should be addressed interested upfront without their having Yvonne Jamison at 202–395–3475 in to the attention of the Desk Officer, to submit a complaint or inquiry advance of transmitting a comment. Department of Transportation/FAA, and through the FAA Noise Portal. We said _ We will post comments in the dockets sent via electronic mail to oira we may also use the data to identify trends in FAA related noise concerns. for public inspection, except business [email protected], or faxed to Implementation of the Noise Portal does confidential information. You can view (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, not change the FAA’s current policies comments on the www.regulations.gov Office of Management and Budget, regarding noise. website by entering the relevant docket Docket Library, Room 10102, 725 17th One commenter noted that the PRA Street NW, Washington, DC 20503. requires the FAA to certify that the Public Comments Invited: You are collection of information is necessary asked to comment on any aspect of this for the proper performance of the
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agency. The FAA responded that as a environmental, or community DATES: Written comments should be federal agency we must be responsive to involvement documents. In addition, submitted by May 29, 2018. the public by taking action on the the websites will contain a mailing ADDRESSES: Interested persons are aircraft noise complaints we already address and phone number for those invited to submit written comments on receive, which in many cases means members of the public who wish to mail the proposed information collection to directing them to the appropriate a postal letter or use a voice prompt and the Office of Information and Regulatory airport. Others were concerned that the recording system option to complete the Affairs, Office of Management and FAA would duplicate efforts by the required fields included in the FAA Budget. Comments should be addressed Airport Sponsors who already have Noise Portal. to the attention of the Desk Officer, noise complaint systems to receive and Respondents: Generally, any member Department of Transportation/FAA, and respond to public noise complaints for of the public in the United States with sent via electronic mail to oira_ their airport. a valid email address who believes the [email protected], or faxed to The FAA is aware of the existing FAA is the appropriate entity to answer (202) 395–6974, or mailed to the Office airport sponsor noise complaint systems their aircraft noise complaint or inquiry. of Information and Regulatory Affairs, and will provide their links on the Frequency: Members of the public are Office of Management and Budget, not limited regarding the frequency with regional noise websites for the public. In Docket Library, Room 10102, 725 17th which they can submit a complaint or addition, FAA will coordinate with Street NW, Washington, DC 20503. ACI–NA to assist us in our coordination inquiry to the FAA. Public Comments Invited: You are Estimated Average Burden per efforts with the airport sponsors and asked to comment on any aspect of this Response: Fifteen minutes to enter the with other relevant aviation information collection, including (a) complaint or inquiry into the FAA stakeholders ACI–NA represents to Whether the proposed collection of Noise Portal fields. minimize any duplication in efforts information is necessary for FAA’s between the FAA and airport sponsors Estimated Total Annual Burden: 11,250 hours. performance; (b) the accuracy of the regarding aircraft noise complaints or estimated burden; (c) ways for FAA to inquiries. We did not receive any Issued in Fort Worth, TX on April 17, enhance the quality, utility and clarity comments on the cost and hour burden 2018. of the information collection; and (d) of the Noise Portal. Barbara Hall, ways that the burden could be The purpose of the FAA Noise Portal FAA Information Collection Clearance minimized without reducing the quality is to allow the FAA to more efficiently Officer, IT Enterprises Business Services of the collected information. The agency and effectively respond to and address Division, ASP–110. noise complaints or inquiries in a clear, will summarize and/or include your [FR Doc. 2018–08963 Filed 4–26–18; 8:45 am] comments in the request for OMB’s consistent, and repeatable manner that BILLING CODE 4910–13–P is responsive to the public and applies clearance of this information collection. the best use of FAA resources. FOR FURTHER INFORMATION CONTACT: Currently, there is no clear FAA process DEPARTMENT OF TRANSPORTATION Barbara Hall at (940) 594–5913, or by or point of entry for the public to submit email at: [email protected]. noise complaints and inquiries. As a Federal Aviation Administration SUPPLEMENTARY INFORMATION: result, public noise complaints and OMB Control Number: 2120–0044. inquiries are forwarded within the FAA Agency Information Collection Title: Rotorcraft External Load until the appropriate person or Activities: Requests for Comments; Operator Certificate Application. organization responds. This creates a Clearance of Renewed Approval of Form Numbers: FAA Form 8710–4. delay in FAA responses to the public. Information Collection: Renewal, Type of Review: This is a renewal of A public link to the FAA Noise Portal Rotorcraft External Load Operator an information collection. collection will be posted on each of the Certificate Application Background: The Federal Register nine FAA regional websites and the AGENCY: Federal Aviation Notice with a 60-day comment period FAA Headquarters Noise Ombudsman Administration (FAA), DOT. soliciting comments on the following collection of information was published website for members of the public who ACTION: Notice and request for on January 19, 2018 (83 FR 2866). want to submit an aircraft related noise comments. complaint or inquiry to the FAA. The Application for certificate issuance or FAA Noise Portal includes required and SUMMARY: In accordance with the renewal of a 14 CFR part 133 Rotorcraft optional fields for the public to Paperwork Reduction Act of 1995, FAA External Load Operator Certificate. complete. Once completed, the invites public comments about our Application for an original certificate or information is automatically sent to the intention to request the Office of renewal of a certificate issued under 14 FAA Regional Administrators Office or Management and Budget (OMB) CFR part 133 is made on a form, and in Noise Ombudsman who in turn assigns approval to renew an information a manner, prescribed by the it to the appropriate FAA office to collection. The Federal Register Notice Administrator. The FAA form 8710–4 respond to the complaint or inquiry with a 60-day comment period soliciting may be obtained from an FAA Flight within a specified time frame. All comments on the following collection of Standards District Office. The incoming complaints and inquiries are information was published on January completed application is sent to the automatically entered into an FAA 19, 2018. The collection involves the district office that has jurisdiction over database that can be tracked to ensure submission of application FAA Form the area in which the applicant’s home timely responses and queried for 8710–4 for organizations wishing to base of operation is located. informational purposes. conduct nonpassenger-carrying The information collected includes: The websites will also identify and external-load operations for Type of application, Operators name/ provide links to other entities compensation or hire. The information DBAs, telephone number, mailing responsible for addressing aircraft noise to be collected will be used to and/or is address, physical address of the related issues (e.g., airports, military, necessary to evaluate the operators principal base of operations, Chief pilot/ helicopters) and will contain links to request to become or remain certified as designee name, airman certificate grade pertinent aircraft noise related policy, Rotorcraft External-Load Operators. and number, rotorcraft make/model
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registration numbers to be used and Monday through Friday, except Federal III. Discussion of Comments load combinations requested. holidays. If you have questions FMCSA received no comments in this Respondents: 357 active 14 CFR part regarding viewing or submitting preceding. 133 Certificate Holders. material to the docket, contact Docket Frequency: New applications as Services, telephone (202) 366–9826. VI. Conclusion industry dictates, however, current 14 SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 60 CFR part 133 certificate holders must renewal exemption applications and I. Electronic Access renew every 24 months. comments received, FMCSA confirms Estimated Average Burden per You may see all the comments online its’ decision to exempt the following Response: Approximately 30 minutes through the Federal Document drivers from the vision requirement in per application. Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10): Estimated Total Annual Burden: www.regulations.gov. In accordance with 49 U.S.C. 31136(e) 89.25 hours per year for 14 CFR part 133 Docket: For access to the docket to and 31315, the following groups of renewals. read background documents or drivers received renewed exemptions in Issued in Fort Worth on April 23, 2018. comments, go to http// the month of November and are Barbara Hall, www.regulations.gov and/or Room discussed below: FAA Information Collection Clearance W12–140 on the ground level of the As of November 3, 2017, and in Officer, IT Enterprises Business Services West Building, 1200 New Jersey Avenue accordance with 49 U.S.C. 31136(e) and Division, ASP–110. SE, Washington, DC, between 9 a.m. and 31315, the following 31 individuals [FR Doc. 2018–08966 Filed 4–26–18; 8:45 am] 5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for BILLING CODE 4910–13–P except Federal holidays. obtaining an exemption from the vision Privacy Act: In accordance with 5 requirement in the FMCSRs for U.S.C. 553(c), DOT solicits comments interstate CMV drivers (65 FR 66286; 66 DEPARTMENT OF TRANSPORTATION from the public to better inform its FR 13825; 68 FR 13360; 70 FR 12265; rulemaking process. DOT posts these 70 FR 16887; 70 FR 2701; 70 FR 30999; Federal Motor Carrier Safety comments, without edit, including any 70 FR 46567; 70 FR 48797; 70 FR 61493; Administration personal information the commenter 72 FR 11426; 72 FR 40359; 72 FR 54971; [Docket No. FMCSA–1999–5578; FMCSA– provides, to http://www.regulations.gov, 72 FR 62896; 74 FR 19267; 74 FR 28094; 1999–5748; FMCSA–2000–7918; FMCSA– as described in the system of records 74 FR 34074; 74 FR 43221; 74 FR 49069; 2004–17984; FMCSA–2005–20027; FMCSA– notice (DOT/ALL–14 FDMS), which can 74 FR 8302; 76 FR 12216; 76 FR 32016; 2005–20560; FMCSA–2005–21254; FMCSA– be reviewed at http://www.dot.gov/ 76 FR 44653; 76 FR 53708; 76 FR 62143; 2005–21711; FMCSA–2007–27897; FMCSA– privacy. 78 FR 18667; 78 FR 32703; 78 FR 34143; 2007–29019; FMCSA–2009–0086; FMCSA– 78 FR 52602; 78 FR 77782; 78 FR 78477; II. Background 2009–0206; FMCSA–2011–0057; FMCSA– 79 FR 4531; 79 FR 69985; 80 FR 12248; 2011–0124; FMCSA–2011–0189; FMCSA– On January 26, 2018, FMCSA 80 FR 14223; 80 FR 16500; 80 FR 25768; 2013–0029; FMCSA–2014–0298; FMCSA– published a notice announcing its 2014–0302; FMCSA–2014–0304; FMCSA– 80 FR 29152; 80 FR 33011; 80 FR 44188; 2015–0055; FMCSA–2015–0056] decision to renew exemptions for 60 80 FR 50917; 80 FR 53383; 80 FR 59225; individuals from the vision requirement 80 FR 59230; 80 FR 62161; 80 FR 8927; Qualification of Drivers; Exemption in 49 CFR 391.41(b)(10) to operate a 81 FR 1284): Applications; Vision CMV in interstate commerce and Steven B. Anderson (ID) requested comments from the public (83 Harjot S. Aujla (WA) AGENCY: Federal Motor Carrier Safety FR 3861). The public comment period Gregory W. Babington (MA) Administration (FMCSA), DOT. ended on February 26, 2018, and no Brian M. Bowman (TN) ACTION: Notice of final disposition. comments were received. Robert J. Burns (KY) As stated in the previous notice, Kevin R. Cowger (ID) SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of Kenneth D. Daniels (PA) decision to renew exemptions for 60 these applicants and determined that individuals from the vision requirement Mark P. Davis (ME) renewing these exemptions would Kenneth W. Dunn (TN) in the Federal Motor Carrier Safety achieve a level of safety equivalent to or John A. Gartner (MN) Regulations (FMCSRs) for interstate greater than the level that would be Elias Gomez, Jr. (TX) commercial motor vehicle (CMV) achieved by complying with the current Keith N. Hall (UT) drivers. The exemptions enable these regulation 49 CFR 391.41(b)(10). Steven E. Hayes (IN) individuals to continue to operate CMVs The physical qualification standard Amos S. Hostetter (OH) in interstate commerce without meeting for drivers regarding vision found in 49 Stephen C. Linardos (FL) the vision requirement in one eye. CFR 391.41(b)(10) states that a person is Daniel C. Linares (CA) DATES: Each group of renewed physically qualified to driver a CMV if Ray J. Liner (LA) exemptions were applicable on the that person has distant visual acuity of Robert E. Mayers (MN) dates stated in the discussions below at least 20/40 (Snellen) in each eye Ross E. McCleary (NE) and will expire on the dates stated in without corrective lenses or visual James G. Miles (TN) the discussions below. acuity separately corrected to 20/40 Pablo R. Murillo (TX) FOR FURTHER INFORMATION CONTACT: Ms. (Snellen) or better with corrective Vincent E. Perkins (MA) Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least Alonzo K. Rawls (NJ) Programs Division, 202–366–4001, 20/40 (Snellen) in both eyes with or Berry A. Rodrigue (LA) [email protected], FMCSA, without corrective lenses, field of vision Roger D. Rogers (PA) Department of Transportation, 1200 of at least 70° in the horizontal meridian Juan M. Rosas (AZ) New Jersey Avenue SE, Room W64–224, in each eye, and the ability to recognize Dale R. Sweigart (PA) Washington, DC 20590–0001. Office the colors of traffic signals and devices Charles D. Theademan (WA) hours are from 8:30 a.m. to 5 p.m., e.t., showing red, green, and amber. Arnulfo J. Valenzuela (TX)
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Danny L. Watson (TN) Amilton T. Monterio (MA) ACTION: Notice of renewal of William E. Zezulka (MN) David G. Oakley (SC) exemptions; request for comments. The drivers were included in docket Brent L. Seaux (LA) SUMMARY: FMCSA announces its numbers FMCSA–2000–7918; FMCSA– The drivers were included in docket decision to renew exemptions for 3 2005–20027; FMCSA–2005–21254; numbers FMCSA–2004–17984; individuals from the hearing FMCSA–2005–21711; FMCSA–2009– FMCSA–2005–21711; FMCSA–2007– requirement in the Federal Motor 29019. Their exemptions are applicable 0086; FMCSA–2013–0029; FMCSA– Carrier Safety Regulations (FMCSRs) for as of November 28, 2017, and will 2014–0298; FMCSA–2014–0302; interstate commercial motor vehicle expire on November 28, 2019. FMCSA–2014–0304; FMCSA–2015– (CMV) drivers. The exemptions enable As of November 30, 2017, and in 0055; FMCSA–2015–0056. Their these hard of hearing and deaf accordance with 49 U.S.C. 31136(e) and exemptions are applicable as of individuals to continue to operate CMVs 31315, the following eight individuals November 3, 2017, and will expire on in interstate commerce. November 3, 2019. have satisfied the renewal conditions for DATES: The exemptions were applicable As of November 6, 2017, and in obtaining an exemption from the vision on March 27, 2018. The exemptions accordance with 49 U.S.C. 31136(e) and requirement in the FMCSRs for expire on March 27, 2020. Comments 31315, the following 13 individuals interstate CMV drivers (64 FR 27027; 64 must be received on or before May 29, have satisfied the renewal conditions for FR 40404; 64 FR 51568; 64 FR 66962; 2018. obtaining an exemption from the vision 66 FR 63289; 68 FR 64944; 70 FR 48797; requirement in the FMCSRs for 70 FR 61493; 70 FR 67776; 72 FR 64273; ADDRESSES: You may submit comments interstate CMV drivers (70 FR 17504;70 74 FR 62632; 76 FR 70215; 78 FR 64280; bearing the Federal Docket Management FR 30997; 70 FR 48797; 70 FR 61493; 80 FR 63869): System (FDMS) Docket No. FMCSA– 2013–0124; FMCSA–2013–0125 using 72 FR 39879; 72 FR 40362; 72 FR 52419; Terry J. Aldrige (MS) 72 FR 54971; 74 FR 34394; 74 FR 41971; Lennie D. Baker, Jr. (NC) any of the following methods: • Federal eRulemaking Portal: Go to 74 FR 43217; 74 FR 49069; 74 FR 57551; Jerry D. Bridges (TX) http://www.regulations.gov. Follow the 76 FR 18824; 76 FR 29024; 76 FR 34136; Gary R. Gutschow (WI) 76 FR 54530; 76 FR 55463; 76 FR 55465; James J. Hewitt (WI) online instructions for submitting 76 FR 66123; 76 FR 67246; 78 FR 34143; James R. Murphy (NY) comments. • Mail: Docket Management Facility; 78 FR 52602; 78 FR 77782; 78 FR 78477; Thomas E. Walsh (CA) U.S. Department of Transportation, 1200 79 FR 24298; 80 FR 63869): Kevin P. Weinhold (MA) New Jersey Avenue SE, West Building James J. Doan (PA) The drivers were included in docket Ground Floor, Room W12–140, James E. Fix (SC) numbers FMCSA–1999–5578; FMCSA– Washington, DC 20590–0001. James P. Greene (NY) 1999–5748; FMCSA–2005–21711. Their • Hand Delivery: West Building Michael A. Lawson (KY) exemptions are applicable as of Ground Floor, Room W12–140, 1200 Steven R. Lechtenberg (NE) November 30, 2017, and will expire on New Jersey Avenue SE, Washington, Joseph L. Mast (OR) November 30, 2019. DC, between 9 a.m. and 5 p.m., e.t., Jesse R. McClary, Sr. (MO) In accordance with 49 U.S.C. 31315, Monday through Friday, except Federal Roy L. Morgan (IL) each exemption will be valid for two Holidays. Steven D. O’Donnell (NJ) years from the effective date unless • Fax: 1–202–493–2251. Gerald J. Shamla (MN) revoked earlier by FMCSA. The Instructions: Each submission must Halman Smith (DE) exemption will be revoked if the include the Agency name and the Jerry W. Stanfill (AR) following occurs: (1) The person fails to docket number(s) for this notice. Note Scott C. Teich (MN) comply with the terms and conditions that all comments received will be The drivers were included in docket of the exemption; (2) the exemption has posted without change to http:// numbers FMCSA–2005–20560; resulted in a lower level of safety than www.regulations.gov, including any FMCSA–2005–21711; FMCSA–2007– was maintained prior to being granted; personal information provided. Please 27897; FMCSA–2009–0206; FMCSA– or (3) continuation of the exemption see the Privacy Act heading below for 2011–0057; FMCSA–2011–0124; would not be consistent with the goals further information. FMCSA–2011–0189; FMCSA–2013– and objectives of 49 U.S.C. 31136 and Docket: For access to the docket to 0029. Their exemptions are applicable 31315. read background documents or as of November 6, 2017, and will expire Issued on: April 18, 2018. comments, go to http:// on November 6, 2019. Larry W. Minor, www.regulations.gov at any time or As of November 28, 2017, and in Associate Administrator for Policy. Room W12–140 on the ground level of accordance with 49 U.S.C. 31136(e) and the West Building, 1200 New Jersey [FR Doc. 2018–08924 Filed 4–26–18; 8:45 am] 31315, the following eight individuals Avenue, SE, Washington, DC, between 9 have satisfied the renewal conditions for BILLING CODE 4910–EX–P a.m. and 5 p.m., e.t., Monday through obtaining an exemption from the vision Friday, except Federal holidays. The requirement in the FMCSRs for DEPARTMENT OF TRANSPORTATION FDMS is available 24 hours each day, interstate CMV drivers (69 FR 33997; 69 365 days each year. If you want FR 61292; 70 FR 48797; 70 FR 61493; Federal Motor Carrier Safety acknowledgment that we received your 71 FR 55820; 72 FR 54971; 72 FR 58362; Administration comments, please include a self- 72 FR 67344; 73 FR 65009; 74 FR 49069; addressed, stamped envelope or 74 FR 57553; 76 FR 4413; 76 FR 70212; [Docket No. FMCSA–2013–0124; FMCSA– postcard or print the acknowledgement 2013–0125] 80 FR 63869): page that appears after submitting Robert W. Bequeaith (IA) Qualification of Drivers; Exemption comments online. Clarence N. Florey, Jr. (PA) Applications; Hearing Privacy Act: In accordance with 5 Loren H. Geiken (SD) U.S.C. 553(c), DOT solicits comments Michael A. Hershberger (OH) AGENCY: Federal Motor Carrier Safety from the public to better inform its Patrick J. Hogan, Jr. (DE) Administration (FMCSA), DOT. rulemaking process. DOT posts these
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comments, without edit, including any II. Request for Comments commerce. The driver must also have a personal information the commenter Interested parties or organizations copy of the exemption when driving, for provides, to http://www.regulations.gov, possessing information that would presentation to a duly authorized as described in the system of records otherwise show that any, or all, of these Federal, State, or local enforcement notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the official. In addition, the exemption does be reviewed at http://www.dot.gov/ statutory level of safety should not exempt the individual from meeting privacy. immediately notify FMCSA. The the applicable CDL testing requirements. Each exemption will be FOR FURTHER INFORMATION CONTACT: Ms. Agency will evaluate any adverse valid for two years unless rescinded Christine A. Hydock, Chief, Medical evidence submitted and, if safety is earlier by FMCSA. The exemption will Programs Division, 202–366–4001, being compromised or if continuation of be rescinded if: (1) The person fails to [email protected], FMCSA, the exemption would not be consistent comply with the terms and conditions Department of Transportation, 1200 with the goals and objectives of 49 of the exemption; (2) the exemption has New Jersey Avenue SE, Room W64–224, U.S.C. 31136(e) and 31315, FMCSA will resulted in a lower level of safety than Washington, DC 20590–0001. Office take immediate steps to revoke the was maintained before it was granted; or hours are from 8:30 a.m. to 5 p.m., e.t., exemption of a driver. (3) continuation of the exemption would Monday through Friday, except Federal III. Basis for Renewing Exemptions not be consistent with the goals and holidays. If you have questions objectives of 49 U.S.C. 31136(e) and regarding viewing or submitting In accordance with 49 U.S.C. 31136(e) 31315. material to the docket, contact Docket and 31315, each of the 3 applicants has Services, telephone (202) 366–9826. satisfied the renewal conditions for V. Preemption obtaining an exemption from the SUPPLEMENTARY INFORMATION: During the period the exemption is in hearing requirement. The 3 drivers in effect, no State shall enforce any law or this notice remain in good standing with I. Background regulation that conflicts with this the Agency. In addition, for Commercial exemption with respect to a person Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the operating under the exemption. FMCSA may grant an exemption for five Commercial Driver’s License years if it finds ‘‘such exemption would Information System (CDLIS) and the VI. Conclusion likely achieve a level of safety that is Motor Carrier Management Information equivalent to or greater than the level Based upon its evaluation of the 3 System (MCMIS) are searched for crash exemption applications, FMCSA renews that would be achieved absent such and violation data. For non-CDL exemption.’’ The statute also allows the the exemptions of the aforementioned holders, the Agency reviews the driving drivers from the hearing requirement in Agency to renew exemptions at the end records from the State Driver’s of the five-year period. FMCSA grants 49 CFR 391.41 (b)(11). In accordance Licensing Agency (SDLA). These factors with 49 U.S.C. 31136(e) and 31315, each exemptions from the FMCSRs for a two- provide an adequate basis for predicting year period to align with the maximum exemption will be valid for two years each driver’s ability to continue to unless revoked earlier by FMCSA. duration of a driver’s medical safely operate a CMV in interstate certification. commerce. Therefore, FMCSA Issued on: April 23, 2018. The physical qualification standard concludes that extending the exemption Larry W. Minor, for drivers regarding hearing found in for each of these drivers for a period of Associate Administrator for Policy. 49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of [FR Doc. 2018–08908 Filed 4–26–18; 8:45 am] person is physically qualified to driver safety equal to that existing without the BILLING CODE 4910–EX–P a CMV if that person first perceives a exemption. forced whispered voice in the better ear As of March 27, 2018, and in at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION the use of a hearing aid or, if tested by 31315, the following 3 individuals have Federal Motor Carrier Safety use of an audiometric device, does not satisfied the renewal conditions for Administration have an average hearing loss in the obtaining an exemption from the better ear greater than 40 decibels at 500 hearing requirement in the FMCSRs for [Docket Nos. FMCSA–2013–0107; FMCSA– Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers: Marquarius 2013–0109; FMCSA–2015–0119] without a hearing aid when the Boyd, (MS); Keith Craig Drown, (ID); audiometric device is calibrated to and James Gooch, (KS). Qualification of Drivers; Exemption American National Standard (formerly The drivers were included in docket Applications; Epilepsy and Seizure ASA Standard) Z24.5—1951. numbers FMCSA–2013–0124 and Disorders 49 CFR 391.41(b)(11) was adopted in FMCSA–2013–0125. Their exemptions AGENCY: Federal Motor Carrier Safety 1970, with a revision in 1971 to allow are applicable as of March 27, 2018, and Administration (FMCSA), DOT. drivers to be qualified under this will expire on March 27, 2020. ACTION: Notice of renewal of standard while wearing a hearing aid, exemptions; request for comments. 35 FR 6458, 6463 (April 22, 1970) and IV. Conditions and Requirements 36 FR 12857 (July 3, 1971). The exemptions are extended subject SUMMARY: FMCSA announces its The 3 individuals listed in this notice to the following conditions: (1) Each decision to renew exemptions for three have requested renewal of their driver must report any crashes or individuals from the requirement in the exemptions from the hearing standard accidents as defined in 49 CFR 390.5; Federal Motor Carrier Safety in 49 CFR 391.41(b)(11), in accordance and (2) report all citations and Regulations (FMCSRs) that interstate with FMCSA procedures. Accordingly, convictions for disqualifying offenses commercial motor vehicle (CMV) FMCSA has evaluated these under 49 CFR part 383 and 49 CFR 391 drivers have ‘‘no established medical applications for renewal on their merits to FMCSA; and (3) each driver history or clinical diagnosis of epilepsy and decided to extend each exemption prohibited from operating a motorcoach or any other condition which is likely for a renewable two-year period. or bus with passengers in interstate to cause loss of consciousness or any
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loss of ability to control a CMV.’’ The addressed, stamped envelope or evidence submitted and, if safety is exemptions enable these individuals postcard or print the acknowledgement being compromised or if continuation of who have had one or more seizures and page that appears after submitting the exemption would not be consistent are taking anti-seizure medication to comments online. with the goals and objectives of 49 continue to operate CMVs in interstate Privacy Act: In accordance with 5 U.S.C. 31136(e) and 31315, FMCSA will commerce. U.S.C. 553(c), DOT solicits comments take immediate steps to revoke the DATES: The exemptions were applicable from the public to better inform its exemption of a driver. rulemaking process. DOT posts these on February 14, 2018. The exemptions III. Basis for Renewing Exemptions expire on February 14, 2020. Comments comments, without edit, including any must be received on or before May 29, personal information the commenter In accordance with 49 U.S.C. 31136(e) 2018. provides, to http://www.regulations.gov, and 31315, each of the three applicants as described in the system of records FOR FURTHER INFORMATION CONTACT: Ms. has satisfied the renewal conditions for notice (DOT/ALL–14 FDMS), which can Christine A. Hydock, Chief, Medical obtaining an exemption from the be reviewed at http://www.dot.gov/ Programs Division, 202–366–4001, epilepsy and seizure disorders privacy. [email protected], FMCSA, prohibition. The three drivers in this Department of Transportation, 1200 I. Background notice remain in good standing with the Agency, have maintained their medical New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315, Washington, DC 20590–0001. Office monitoring and have not exhibited any FMCSA may grant an exemption for five medical issues that would compromise hours are from 8:30 a.m. to 5 p.m., e.t., years if it finds ‘‘such exemption would Monday through Friday, except Federal their ability to safely operate a CMV likely achieve a level of safety that is during the previous two-year exemption holidays. If you have questions equivalent to or greater than the level regarding viewing or submitting period. In addition, for Commercial that would be achieved absent such Driver’s License (CDL) holders, the material to the docket, contact Docket exemption.’’ The statute also allows the Services, telephone (202) 366–9826. Commercial Driver’s License Agency to renew exemptions at the end Information System (CDLIS) and the ADDRESSES: You may submit comments of the five-year period. FMCSA grants Motor Carrier Management Information bearing the Federal Docket Management exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash System (FDMS) Docket No. FMCSA– year period to align with the maximum and violation data. For non-CDL 2013–0107; FMCSA–2013–0109; duration of a driver’s medical holders, the Agency reviews the driving FMCSA–2015–0119 using any of the certification. records from the State Driver’s following methods: The physical qualification standard Licensing Agency (SDLA). These factors • Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in provide an adequate basis for predicting http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to online instructions for submitting is physically qualified to drive a CMV safely operate a CMV in interstate comments. if that person has no established commerce. Therefore, FMCSA • Mail: Docket Management Facility; medical history or clinical diagnosis of concludes that extending the exemption U.S. Department of Transportation, 1200 epilepsy or any other condition which for each renewal applicant for a period New Jersey Avenue SE, West Building is likely to cause the loss of of two years is likely to achieve a level Ground Floor, Room W12–140, consciousness or any loss of ability to of safety equal to that existing without Washington, DC 20590–0001. control a CMV. the exemption. • Hand Delivery: West Building In addition to the regulations, FMCSA Ground Floor, Room W12–140, 1200 As of February 14, 2018, and in has published advisory criteria to assist accordance with 49 U.S.C. 31136(e) and New Jersey Avenue SE, Washington, Medical Examiners in determining DC, between 9 a.m. and 5 p.m., e.t., 31315, the following three individuals whether drivers with certain medical have satisfied the renewal conditions for Monday through Friday, except Federal conditions are qualified to operate a Holidays. obtaining an exemption from the CMV in interstate commerce. [49 CFR epilepsy and seizure disorders • Fax: 1–202–493–2251. part 391, APPENDIX A TO PART 391— Instructions: Each submission must prohibition in the FMCSRs for interstate MEDICAL ADVISORY CRITERIA, CMV drivers: include the Agency name and the section H. Epilepsy: § 391.41(b)(8), docket number(s) for this notice. Note paragraphs 3, 4, and 5.] Gregory L. Hrutkay, (PA) that all comments received will be The three individuals listed in this John Johnson, (WI) posted without change to http:// notice have requested renewal of their George K. Webb, (MA). www.regulations.gov, including any exemptions from the epilepsy and The drivers were included in docket personal information provided. Please seizure disorders prohibition in 49 CFR number FMCSA–2013–0107; FMCSA– see the Privacy Act heading below for 391.41(b)(8), in accordance with 2013–0109; FMCSA–2015–0119. Their further information. FMCSA procedures. Accordingly, exemptions are applicable as of Docket: For access to the docket to FMCSA has evaluated these February 14, 2018, and will expire on read background documents or applications for renewal on their merits February 14, 2020. comments, go to http:// and decided to extend each exemption IV. Conditions and Requirements www.regulations.gov at any time or for a renewable two-year period. Room W12–140 on the ground level of The exemptions are extended subject the West Building, 1200 New Jersey II. Request for Comments to the following conditions: (1) Each Avenue SE, Washington, DC, between 9 Interested parties or organizations driver must remain seizure-free and a.m. and 5 p.m., e.t., Monday through possessing information that would maintain a stable treatment during the Friday, except Federal holidays. The otherwise show that any, or all, of these two-year exemption period; (2) each FDMS is available 24 hours each day drivers are not currently achieving the driver must submit annual reports from e.t., 365 days each year. If you want statutory level of safety should their treating physicians attesting to the acknowledgment that we received your immediately notify FMCSA. The stability of treatment and that the driver comments, please include a self- Agency will evaluate any adverse has remained seizure-free; (3) each
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driver must undergo an annual medical enable these individuals with ITDM to if that person has no established examination by a certified Medical operate CMVs in interstate commerce. medical history or clinical diagnosis of Examiner, as defined by 49 CFR 390.5; DATES: The exemptions were applicable diabetes mellitus currently requiring and (4) each driver must provide a copy on March 17, 2018. The exemptions insulin for control. of the annual medical certification to expire on March 17, 2020. III. Discussion of Comments the employer for retention in the FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received one comment in this driver’s qualification file, or keep a copy Christine A. Hydock, Chief, Medical proceeding. Vicky Johnson stated that of his/her driver’s qualification file if Programs Division, (202) 366–4001, the Minnesota Driver and Vehicle he/she is self-employed. The driver [email protected], FMCSA, Services (DVS) has no objections in must also have a copy of the exemption Department of Transportation, 1200 granting exemptions to the following when driving, for presentation to a duly New Jersey Avenue SE, Room W64–224, Minnesota drivers: Deavan T. Jones, authorized Federal, State, or local Washington, DC 20590–0001. Office Sandra K. Kostka, and Todd D. Rue. enforcement official. The exemption hours are from 8:30 a.m. to 5 p.m., e.t., will be rescinded if: (1) The person fails Monday through Friday, except Federal IV. Basis for Exemption Determination to comply with the terms and holidays. If you have questions Under 49 U.S.C. 31136(e) and 31315, conditions of the exemption; (2) the regarding viewing or submitting exemption has resulted in a lower level FMCSA may grant an exemption from material to the docket, contact Docket the diabetes standard in 49 CFR of safety than was maintained before it Services, telephone (202) 366–9826. was granted; or (3) continuation of the 391.41(b)(3) if the exemption is likely to SUPPLEMENTARY INFORMATION: exemption would not be consistent with achieve an equivalent or greater level of the goals and objectives of 49 U.S.C. I. Electronic Access safety than would be achieved without 31136(e) and 31315. the exemption. The exemption allows You may see all the comments online the applicants to operate CMVs in V. Preemption through the Federal Document interstate commerce. Management System (FDMS) at: http:// During the period the exemption is in The Agency’s decision regarding these www.regulations.gov. effect, no State shall enforce any law or exemption applications is based on the Docket: For access to the docket to regulation that conflicts with this program eligibility criteria and an read background documents or exemption with respect to a person individualized assessment of comments, go to http:// operating under the exemption. information submitted by each www.regulations.gov and/or Room applicant. The qualifications, VI. Conclusion W12–140 on the ground level of the experience, and medical condition of Based upon its evaluation of the three West Building, 1200 New Jersey Avenue each applicant were stated and exemption applications, FMCSA renews SE, Washington, DC, between 9 a.m. and discussed in detail in the February 14, the exemptions of the aforementioned 5 p.m., e.t., Monday through Friday, 2018, Federal Register notice (83 FR drivers from the epilepsy and seizure except Federal holidays. 6704) and will not be repeated in this disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5 notice. (b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments These 51 applicants have had ITDM 31136(e) and 31315, each exemption from the public to better inform its over a range of 1 to 41 years. These will be valid for two years unless rulemaking process. DOT posts these applicants report no severe revoked earlier by FMCSA. comments, without edit, including any hypoglycemic reactions resulting in loss personal information the commenter of consciousness or seizure, requiring Issued on: April 23, 2018. provides, to http://www.regulations.gov, the assistance of another person, or Larry W. Minor, as described in the system of records resulting in impaired cognitive function Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can that occurred without warning [FR Doc. 2018–08917 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ symptoms, in the past 12 months and no BILLING CODE 4910–EX–P privacy. recurrent (two or more) severe II. Background hypoglycemic episodes in the past five years. In each case, an endocrinologist DEPARTMENT OF TRANSPORTATION On February 14, 2018, FMCSA verified that the driver has published a notice announcing receipt demonstrated a willingness to properly Federal Motor Carrier Safety of applications from 51 individuals monitor and manage his/her diabetes Administration requesting an exemption from diabetes mellitus, received education related to requirement in 49 CFR 391.41(b)(3) and [FMCSA Docket No. FMCSA–2017–0290] diabetes management, and is on a stable requested comments from the public (83 insulin regimen. These drivers report no Qualification of Drivers; Exemption FR 6704). The public comment period other disqualifying conditions, Applications; Diabetes Mellitus ended on March 16, 2017, and one including diabetes related comment was received. complications. Each meets the vision AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility requirement at 49 CFR 391.41(b)(10). Administration (FMCSA), DOT. of these applicants and determined that Consequently, FMCSA finds that in ACTION: Notice of final disposition. granting the exemptions to these each case exempting these applicants individuals would achieve a level of from the diabetes requirement in 49 CFR SUMMARY: FMCSA announces its safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level decision to exempt 51 individuals from level that would be achieved by of safety equal to that existing without the prohibition in the Federal Motor complying with the current regulation the exemption. Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3). against persons with insulin-treated The physical qualification standard V. Conditions and Requirements diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in The terms and conditions of the a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person exemption are provided to the interstate commerce. The exemptions is physically qualified to drive a CMV applicants in the exemption document
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and includes the following: (1) Each Deavan T. Jones (MN) vehicle (CMV) in interstate commerce. If driver must submit a quarterly Bryant C. Kongsted (MD) granted, the exemptions would enable monitoring checklist completed by the Sandra K. Kostka (MN) these individuals with ITDM to operate treating endocrinologist as well as an Geoffrey A. Kusman (IL) CMVs in interstate commerce. annual checklist with a comprehensive Chadwick L. Lekwa (IA) DATES: Comments must be received on medical evaluation; (2) each driver must Craig W. Lockwood (WI) or before May 29, 2018. report within two business days of Joseph A. Malone (CA) ADDRESSES: You may submit comments occurrence, all episodes of severe Chance P. Masterson (OR) bearing the Federal Docket Management hypoglycemia, significant Harold W. Meade (VA) System (FDMS) Docket No. FMCSA– complications, or inability to manage Korey E. Molina (VA) 2018–0025 using any of the following diabetes; also, any involvement in an Steven G. Ojala (WA) methods: accident or any other adverse event in Kathy L. Pospichal (WI) • Federal eRulemaking Portal: Go to a CMV or personal vehicle, whether or Robert S. Reyes (CA) http://www.regulations.gov. Follow the not it is related to an episode of Robert D. Risk (IN) online instructions for submitting hypoglycemia; (3) each driver must David L. Robson (IA) comments. provide a copy of the ophthalmologist’s Todd D. Rue (MN) • Mail: Docket Management Facility; or optometrist’s report to the Medical Luis A. Saavedra (TX) U.S. Department of Transportation, 1200 Examiner at the time of the annual Timothy S. Smith (NC) New Jersey Avenue SE, West Building medical examination; and (4) each Michael E. Smyth (ID) Ground Floor, Room W12–140, driver must provide a copy of the Dennis N. Spake (VA) Washington, DC 20590–0001. annual medical certification to the Vincent F. Strafford (NC) • Hand Delivery: West Building employer for retention in the driver’s Frederick W. Stevens (OH) Ground Floor, Room W12–140, 1200 qualification file, or keeping a copy in Jason E. Stocker (VT) New Jersey Avenue SE, Washington, his/her driver’s qualification file if he/ Thomas L. Tallon (WA) DC, between 9 a.m. and 5 p.m., e.t., she is self-employed. The driver must Michael L. Vanalstine (OH) Monday through Friday, except Federal also have a copy of the exemption when Ralph O. Weathers (IN) Holidays. driving, for presentation to a duly In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251. authorized Federal, State, or local and 31315, each exemption will be valid Instructions: Each submission must enforcement official. for two years from the effective date include the Agency name and the docket number(s) for this notice. Note VI. Preemption unless revoked earlier by FMCSA. The exemption will be revoked if the that all comments received will be During the period the exemption is in following occurs: (1) The person fails to posted without change to http:// effect, no State shall enforce any law or comply with the terms and conditions www.regulations.gov, including any regulation that conflicts with this of the exemption; (2) the exemption has personal information provided. Please exemption with respect to a person resulted in a lower level of safety than see the Privacy Act heading below for operating under the exemption. was maintained prior to being granted; further information. Docket: For access to the docket to VII. Conclusion or (3) continuation of the exemption would not be consistent with the goals read background documents or Based upon its evaluation of the 51 and objectives of 49 U.S.C. 31136(e) and comments, go to http:// exemption applications, FMCSA 31315. www.regulations.gov at any time or exempts the following drivers from the Room W12–140 on the ground level of Issued on: April 18, 2018. diabetes requirement in 49 CFR the West Building, 1200 New Jersey 391.41(b)(10), subject to the Larry W. Minor, Avenue SE, Washington, DC, between 9 requirements cited above: Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through Carl W. Anderson (PA) [FR Doc. 2018–08923 Filed 4–26–18; 8:45 am] Friday, except Federal holidays. The Thomas J. Anderson (CA) BILLING CODE 4910–EX–P FDMS is available 24 hours each day Jorge A. Barra-Del Valle (UT) e.t., 365 days each year. If you want Jeffery L. Bennett (IL) acknowledgment that we received your William T. Bookamer, Jr. (TN) DEPARTMENT OF TRANSPORTATION comments, please include a self- Ronnie J. Boyd (TN) addressed, stamped envelope or Federal Motor Carrier Safety Travis R. Breakiron (PA) postcard or print the acknowledgement Administration Corey D. Calvert (WI) page that appears after submitting Jon Conley (OH) [Docket No. FMCSA–2018–0025] comments online. Kiva J. Coppage (MO) Privacy Act: In accordance with 5 Peter F. Cox (MA) Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Kerry P. Daniels (WA) Applications; Diabetes Mellitus from the public to better inform its Joshua M. Dekker (MI) rulemaking process. DOT posts these Miguel A. Disla (VA) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. comments, without edit, including any Jon R. Easterla (IL) personal information the commenter Andrew W. Erickson (WY) ACTION: Notice of applications for provides, to http://www.regulations.gov, Martie L. Eubanks (MO) exemption; request for comments. as described in the system of records Dwight G. Farnworth (ID) notice (DOT/ALL–14 FDMS), which can John A. Gott (MD) SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/ Ian C. Hall (MI) applications from 40 individuals for an privacy. Carl L. Harville, Jr. (VA) exemption from the prohibition in the Terry L. Helderman (IL) Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. James M. Hershey (WA) Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical Glee D. Jacobs (KS) with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, Thomas V. Johnson (IN) (ITDM) operating a commercial motor [email protected], FMCSA,
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Department of Transportation, 1200 Efficient Transportation Equity Act: A examined him in 2017 and certified that New Jersey Avenue, SE, Room W64– Legacy for Users requires the Secretary he does not have diabetic retinopathy. 224, Washington, DC 20590–0001. to revise its diabetes exemption program He holds an operator’s license from Office hours are 8:30 a.m. to 5 p.m., e.t., established on September 3, 2003 (68 FR California. Monday through Friday, except Federal 52441). The revision must provide for Patrick S. Baker holidays. If you have questions individual assessment of drivers with regarding viewing or submitting diabetes mellitus, and be consistent Mr. Baker, 40, has had ITDM since material to the docket, contact Docket with the criteria described in section 2015. His endocrinologist examined him Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act in 2018 and certified that he has had no SUPPLEMENTARY INFORMATION: for the 21st Century (49 U.S.C. 31305). severe hypoglycemic reactions resulting Section 4129 requires: (1) Elimination of in loss of consciousness, requiring the I. Background the requirement for three years of assistance of another person, or Under 49 U.S.C. 31136(e) and 31315, experience operating CMVs while being resulting in impaired cognitive function FMCSA may grant an exemption from treated with insulin; and (2) that occurred without warning in the the FMCSRs for a five-year period if it establishment of a specified minimum past 12 months and no recurrent (two or finds ‘‘such exemption would likely period of insulin use to demonstrate more) severe hypoglycemic episodes in achieve a level of safety that is stable control of diabetes before being the last five years. His endocrinologist equivalent to or greater than the level allowed to operate a CMV. certifies that Mr. Baker understands that would be achieved absent such In response to section 4129, FMCSA diabetes management and monitoring, exemption.’’ The statute also allows the made immediate revisions to the has stable control of his diabetes using Agency to renew exemptions at the end diabetes exemption program established insulin, and is able to drive a CMV of the five-year period. FMCSA grants by the September 3, 2003 notice. safely. Mr. Baker meets the exemptions from the FMCSRs for a two- FMCSA discontinued use of the three- requirements of the vision standard at year period to align with the maximum year driving experience and fulfilled the 49 CFR 391.41(b)(10). His optometrist duration of a driver’s medical requirements of section 4129 while examined him in 2018 and certified that certification. continuing to ensure that operation of he does not have diabetic retinopathy. The 40 individuals listed in this CMVs by drivers with ITDM will He holds an operator’s license from notice have requested an exemption achieve the requisite level of safety Virginia. from the diabetes prohibition in 49 CFR required of all exemptions granted Thomas E. Bandy 391.41(b)(3). Accordingly, the Agency under 49 U.S.C. 31136(e). Section Mr. Bandy, 40, has had ITDM since will evaluate the qualifications of each 4129(d) also directed FMCSA to ensure 2006. His endocrinologist examined him applicant to determine whether granting that drivers of CMVs with ITDM are not in 2018 and certified that he has had no the exemption will achieve the required held to a higher standard than other severe hypoglycemic reactions resulting level of safety mandated by statute. drivers, with the exception of limited in loss of consciousness, requiring the The physical qualification standard operating, monitoring and medical assistance of another person, or for drivers regarding diabetes found in requirements that are deemed medically 49 CFR 391.41(b)(3) states that a person resulting in impaired cognitive function necessary. The FMCSA concluded that is physically qualified to drive a CMV that occurred without warning in the all of the operating, monitoring and if that person has no established past 12 months and no recurrent (two or medical requirements set out in the medical history or clinical diagnosis of more) severe hypoglycemic episodes in September 3, 2003, notice, except as diabetes mellitus currently requiring the last five years. His endocrinologist modified, were in compliance with insulin for control. The Agency certifies that Mr. Bandy understands section 4129(d). Therefore, all of the established the current requirement for diabetes management and monitoring, requirements set out in the September 3, diabetes in 1970 because several risk has stable control of his diabetes using 2003, notice, except as modified by the studies indicated that drivers with insulin, and is able to drive a CMV notice in the Federal Register on diabetes had a higher rate of crash safely. Mr. Bandy meets the November 8, 2005 (70 FR 67777), involvement than the general requirements of the vision standard at remain in effect. population. 49 CFR 391.41(b)(10). His optometrist FMCSA established its diabetes II. Qualifications of Applicants examined him in 2017 and certified that exemption program, based on the he does not have diabetic retinopathy. Waael Abuhijab Agency’s July 2000 study entitled ‘‘A He holds an operator’s license from Report to Congress on the Feasibility of Mr. Abuhijab, 34, has had ITDM since Nebraska. a Program to Qualify Individuals with 2008. His endocrinologist examined him Insulin-Treated Diabetes Mellitus to in 2017 and certified that he has had no Douglas E. Barron Operate in Interstate Commerce as severe hypoglycemic reactions resulting Mr. Barron, 50, has had ITDM since Directed by the Transportation Act for in loss of consciousness, requiring the 1981. His endocrinologist examined him the 21st Century.’’ The report concluded assistance of another person, or in 2017 and certified that he has had no that a safe and practicable protocol to resulting in impaired cognitive function severe hypoglycemic reactions resulting allow some drivers with ITDM to that occurred without warning in the in loss of consciousness, requiring the operate CMVs is feasible. The past 12 months and no recurrent (two or assistance of another person, or September 3, 2003 (68 FR 52441), more) severe hypoglycemic episodes in resulting in impaired cognitive function Federal Register notice in conjunction the last five years. His endocrinologist that occurred without warning in the with the November 8, 2005 (70 FR certifies that Mr. Abuhijab understands past 12 months and no recurrent (two or 67777), Federal Register notice provides diabetes management and monitoring, more) severe hypoglycemic episodes in the current protocol for allowing such has stable control of his diabetes using the last five years. His endocrinologist drivers to operate CMVs in interstate insulin, and is able to drive a CMV certifies that Mr. Barron understands commerce. safely. Mr. Abuhijab meets the diabetes management and monitoring, FMCSA notes that section 4129 of the requirements of the vision standard at has stable control of his diabetes using Safe, Accountable, Flexible and 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV
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safely. Mr. Barron meets the has stable control of his diabetes using diabetes management and monitoring, requirements of the vision standard at insulin, and is able to drive a CMV has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist safely. Mr. Castell meets the insulin, and is able to drive a CMV examined him in 2017 and certified that requirements of the vision standard at safely. Mr. Coffman meets the he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at He holds an operator’s license from examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist South Carolina. he does not have diabetic retinopathy. examined him in 2018 and certified that He holds an operator’s license from he does not have diabetic retinopathy. Michael R. Batey Iowa. He holds a Class A CDL from Texas. Mr. Batey, 53, has had ITDM since 2016. His endocrinologist examined him Jeffrey S. Chandler Dale L. Collin in 2018 and certified that he has had no Mr. Chandler, 51, has had ITDM since Mr. Collin, 52, has had ITDM since severe hypoglycemic reactions resulting 1982. His endocrinologist examined him 2017. His endocrinologist examined him in loss of consciousness, requiring the in 2018 and certified that he has had no in 2018 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting resulting in impaired cognitive function in loss of consciousness, requiring the in loss of consciousness, requiring the that occurred without warning in the assistance of another person, or assistance of another person, or past 12 months and no recurrent (two or resulting in impaired cognitive function resulting in impaired cognitive function more) severe hypoglycemic episodes in that occurred without warning in the that occurred without warning in the the last five years. His endocrinologist past 12 months and no recurrent (two or past 12 months and no recurrent (two or certifies that Mr. Batey understands more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in diabetes management and monitoring, the last five years. His endocrinologist the last five years. His endocrinologist has stable control of his diabetes using certifies that Mr. Chandler understands certifies that Mr. Collin understands insulin, and is able to drive a CMV diabetes management and monitoring, diabetes management and monitoring, safely. Mr. Batey meets the requirements has stable control of his diabetes using has stable control of his diabetes using of the vision standard at 49 CFR insulin, and is able to drive a CMV insulin, and is able to drive a CMV 391.41(b)(10). His optometrist examined safely. Mr. Chandler meets the safely. Mr. Collin meets the him in 2018 and certified that he does requirements of the vision standard at requirements of the vision standard at not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist 49 CFR 391.41(b)(10). His optometrist a Class A CDL from Iowa. examined him in 2018 and certified that examined him in 2017 and certified that he does not have diabetic retinopathy. he does not have diabetic retinopathy. Wayne A. Buechler He holds a Class A CDL from Georgia. He holds a Class A CDL from Illinois. Mr. Beuchler, 57, has had ITDM since 2017. His endocrinologist examined him Robert D. Clark, Jr. Wilfredo Costa in 2018 and certified that he has had no Mr. Clark, 64, has had ITDM since Mr. Costa, 62, has had ITDM since severe hypoglycemic reactions resulting 2007. His endocrinologist examined him 2015. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no in 2017 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting resulting in impaired cognitive function in loss of consciousness, requiring the in loss of consciousness, requiring the that occurred without warning in the assistance of another person, or assistance of another person, or past 12 months and no recurrent (two or resulting in impaired cognitive function resulting in impaired cognitive function more) severe hypoglycemic episodes in that occurred without warning in the that occurred without warning in the the last five years. His endocrinologist past 12 months and no recurrent (two or past 12 months and no recurrent (two or certifies that Mr. Beuchler understands more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in diabetes management and monitoring, the last five years. His endocrinologist the last five years. His endocrinologist has stable control of his diabetes using certifies that Mr. Clark understands certifies that Mr. Costa understands insulin, and is able to drive a CMV diabetes management and monitoring, diabetes management and monitoring, safely. Mr. Beuchler meets the has stable control of his diabetes using has stable control of his diabetes using requirements of the vision standard at insulin, and is able to drive a CMV insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His safely. Mr. Clark meets the requirements safely. Mr. Costa meets the requirements ophthalmologist examined him in 2018 of the vision standard at 49 CFR of the vision standard at 49 CFR and certified that he does not have 391.41(b)(10). His ophthalmologist 391.41(b)(10). His ophthalmologist diabetic retinopathy. He holds a Class A examined him in 2017 and certified that examined him in 2017 and certified that CDL from South Dakota. he does not have diabetic retinopathy. he has stable nonproliferative diabetic He holds a Class B CDL from New York. retinopathy. He holds a Class A CDL Alexander R. Castell from New York. Mr. Castell, 23, has had ITDM since Jimmy D. Coffman 2011. His endocrinologist examined him Mr. Coffman, 57, has had ITDM since Jeffrey L. Covert in 2018 and certified that he has had no 1983. His endocrinologist examined him Mr. Covert, 48, has had ITDM since severe hypoglycemic reactions resulting in 2018 and certified that he has had no 2008. His endocrinologist examined him in loss of consciousness, requiring the severe hypoglycemic reactions resulting in 2018 and certified that he has had no assistance of another person, or in loss of consciousness, requiring the severe hypoglycemic reactions resulting resulting in impaired cognitive function assistance of another person, or in loss of consciousness, requiring the that occurred without warning in the resulting in impaired cognitive function assistance of another person, or past 12 months and no recurrent (two or that occurred without warning in the resulting in impaired cognitive function more) severe hypoglycemic episodes in past 12 months and no recurrent (two or that occurred without warning in the the last five years. His endocrinologist more) severe hypoglycemic episodes in past 12 months and no recurrent (two or certifies that Mr. Castell understands the last five years. His endocrinologist more) severe hypoglycemic episodes in diabetes management and monitoring, certifies that Mr. Coffman understands the last five years. His endocrinologist
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certifies that Mr. Covert understands that occurred without warning in the resulting in impaired cognitive function diabetes management and monitoring, past 12 months and no recurrent (two or that occurred without warning in the has stable control of his diabetes using more) severe hypoglycemic episodes in past 12 months and no recurrent (two or insulin, and is able to drive a CMV the last five years. His endocrinologist more) severe hypoglycemic episodes in safely. Mr. Covert meets the certifies that Mr. Galipeau understands the last five years. His endocrinologist requirements of the vision standard at diabetes management and monitoring, certifies that Mr. Huckleby understands 49 CFR 391.41(b)(10). His has stable control of his diabetes using diabetes management and monitoring, ophthalmologist examined him in 2017 insulin, and is able to drive a CMV has stable control of his diabetes using and certified that he does not have safely. Mr. Galipeau meets the insulin, and is able to drive a CMV diabetic retinopathy. He holds an requirements of the vision standard at safely. Mr. Huckleby meets the operator’s license from Arkansas. 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist Terry L. Emenheiser he does not have diabetic retinopathy. examined him in 2017 and certified that Mr. Emenheiser, 52, has had ITDM He holds a Class A CDL from Maine. he does not have diabetic retinopathy. since 2017. His endocrinologist He holds an operator’s license from Steve A. Holifield examined him in 2017 and certified that Kentucky. he has had no severe hypoglycemic Mr. Holifield, 62, has had ITDM since reactions resulting in loss of 2017. His endocrinologist examined him David L. Isreal consciousness, requiring the assistance in 2017 and certified that he has had no Mr. Isreal, 46, has had ITDM since of another person, or resulting in severe hypoglycemic reactions resulting 2017. His endocrinologist examined him impaired cognitive function that in loss of consciousness, requiring the in 2018 and certified that he has had no occurred without warning in the past 12 assistance of another person, or severe hypoglycemic reactions resulting months and no recurrent (two or more) resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic episodes in the that occurred without warning in the assistance of another person, or last five years. His endocrinologist past 12 months and no recurrent (two or resulting in impaired cognitive function certifies that Mr. Emenheiser more) severe hypoglycemic episodes in that occurred without warning in the understands diabetes management and the last five years. His endocrinologist past 12 months and no recurrent (two or monitoring, has stable control of his certifies that Mr. Holifield understands more) severe hypoglycemic episodes in diabetes using insulin, and is able to diabetes management and monitoring, the last five years. His endocrinologist drive a CMV safely. Mr. Emenheiser has stable control of his diabetes using certifies that Mr. Isreal understands meets the requirements of the vision insulin, and is able to drive a CMV diabetes management and monitoring, standard at 49 CFR 391.41(b)(10). His safely. Mr. Holifield meets the has stable control of his diabetes using optometrist examined him in 2017 and requirements of the vision standard at insulin, and is able to drive a CMV certified that he does not have diabetic 49 CFR 391.41(b)(10). His optometrist safely. Mr. Isreal meets the requirements retinopathy. He holds a Class A CDL examined him in 2018 and certified that of the vision standard at 49 CFR from Pennsylvania. he does not have diabetic retinopathy. 391.41(b)(10). His optometrist examined He holds a Class A CDL from him in 2018 and certified that he does Brendan T. Farnam Mississippi. not have diabetic retinopathy. He holds Mr. Farnam, 24, has had ITDM since a Class A CDL from Missouri. 1997. His endocrinologist examined him Jerry W. Howell in 2018 and certified that he has had no Mr. Howell, 72, has had ITDM since Eric D. Kennedy severe hypoglycemic reactions resulting 2017. His endocrinologist examined him Mr. Kennedy, 42, has had ITDM since in loss of consciousness, requiring the in 2018 and certified that he has had no 1990. His endocrinologist examined him assistance of another person, or severe hypoglycemic reactions resulting in 2017 and certified that he has had no resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic reactions resulting that occurred without warning in the assistance of another person, or in loss of consciousness, requiring the past 12 months and no recurrent (two or resulting in impaired cognitive function assistance of another person, or more) severe hypoglycemic episodes in that occurred without warning in the resulting in impaired cognitive function the last five years. His endocrinologist past 12 months and no recurrent (two or that occurred without warning in the certifies that Mr. Farnam understands more) severe hypoglycemic episodes in past 12 months and no recurrent (two or diabetes management and monitoring, the last five years. His endocrinologist more) severe hypoglycemic episodes in has stable control of his diabetes using certifies that Mr. Howell understands the last five years. His endocrinologist insulin, and is able to drive a CMV diabetes management and monitoring, certifies that Mr. Kennedy understands safely. Mr. Farnam meets the has stable control of his diabetes using diabetes management and monitoring, requirements of the vision standard at insulin, and is able to drive a CMV has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist safely. Mr. Howell meets the insulin, and is able to drive a CMV examined him in 2017 and certified that requirements of the vision standard at safely. Mr. Kennedy meets the he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at He holds an operator’s license from examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist Massachusetts. he does not have diabetic retinopathy. examined him in 2017 and certified that He holds a Class A CDL from Arkansas. he does not have diabetic retinopathy. Gerard R. Galipeau, Jr. He holds an operator’s license from Stephen M. Huckleby Mr. Galipeau, 49, has had ITDM since Connecticut. 2017. His endocrinologist examined him Mr. Huckleby, 30, has had ITDM since in 2017 and certified that he has had no 2016. His endocrinologist examined him Jeff F. Kress severe hypoglycemic reactions resulting in 2017 and certified that he has had no Mr. Kress, 63, has had ITDM since in loss of consciousness, requiring the severe hypoglycemic reactions resulting 2015. His endocrinologist examined him assistance of another person, or in loss of consciousness, requiring the in 2018 and certified that he has had no resulting in impaired cognitive function assistance of another person, or severe hypoglycemic reactions resulting
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in loss of consciousness, requiring the severe hypoglycemic reactions resulting Kennedy T. Moore assistance of another person, or in loss of consciousness, requiring the Mr. Moore, 47, has had ITDM since resulting in impaired cognitive function assistance of another person, or 2011. His endocrinologist examined him that occurred without warning in the resulting in impaired cognitive function in 2017 and certified that he has had no past 12 months and no recurrent (two or that occurred without warning in the severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in past 12 months and no recurrent (two or in loss of consciousness, requiring the the last five years. His endocrinologist more) severe hypoglycemic episodes in assistance of another person, or certifies that Mr. Kress understands the last five years. His endocrinologist resulting in impaired cognitive function diabetes management and monitoring, certifies that Mr. Malone understands that occurred without warning in the has stable control of his diabetes using diabetes management and monitoring, past 12 months and no recurrent (two or insulin, and is able to drive a CMV has stable control of his diabetes using more) severe hypoglycemic episodes in safely. Mr. Kress meets the requirements insulin, and is able to drive a CMV the last five years. His endocrinologist of the vision standard at 49 CFR safely. Mr. Malone meets the certifies that Mr. Moore understands 391.41(b)(10). His optometrist examined requirements of the vision standard at diabetes management and monitoring, him in 2017 and certified that he does has stable control of his diabetes using not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV an operator’s license from Minnesota. examined him in 2018 and certified that he does not have diabetic retinopathy. safely. Mr. Moore meets the John K. Laughlin He holds a Class A CDL from Iowa. requirements of the vision standard at 49 CFR 391.41(b)(10). His Mr. Laughlin, 32, has had ITDM since Volodymyr Marchenko 2005. His endocrinologist examined him ophthalmologist examined him in 2017 in 2018 and certified that he has had no Mr. Marchenko, 28, has had ITDM and certified that he has stable nonproliferative diabetic retinopathy. severe hypoglycemic reactions resulting since 2016. His endocrinologist He holds a Class A CDL from Florida. in loss of consciousness, requiring the examined him in 2018 and certified that assistance of another person, or he has had no severe hypoglycemic John A. Morth resulting in impaired cognitive function reactions resulting in loss of that occurred without warning in the Mr. Morth, 36, has had ITDM since consciousness, requiring the assistance 2010. His endocrinologist examined him past 12 months and no recurrent (two or of another person, or resulting in more) severe hypoglycemic episodes in in 2017 and certified that he has had no impaired cognitive function that severe hypoglycemic reactions resulting the last five years. His endocrinologist occurred without warning in the past 12 certifies that Mr. Laughlin understands in loss of consciousness, requiring the months and no recurrent (two or more) diabetes management and monitoring, assistance of another person, or severe hypoglycemic episodes in the has stable control of his diabetes using resulting in impaired cognitive function last five years. His endocrinologist insulin, and is able to drive a CMV that occurred without warning in the safely. Mr. Laughlin meets the certifies that Mr. Marchenko past 12 months and no recurrent (two or requirements of the vision standard at understands diabetes management and more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His optometrist monitoring, has stable control of his the last five years. His endocrinologist examined him in 2018 and certified that diabetes using insulin, and is able to certifies that Mr. Morth understands he does not have diabetic retinopathy. drive a CMV safely. Mr. Marchenko diabetes management and monitoring, He holds an operator’s license from meets the requirements of the vision has stable control of his diabetes using Louisiana. standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV ophthalmologist examined him in 2018 safely. Mr. Morth meets the Alfred G. Love, 3rd and certified that he does not have requirements of the vision standard at Mr. Love, 63, has had ITDM since diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His 2015. His endocrinologist examined him CDL from California. ophthalmologist examined him in 2017 in 2017 and certified that he has had no and certified that he does not have severe hypoglycemic reactions resulting Wayne R. Miller diabetic retinopathy. He holds an operator’s license from Ohio. in loss of consciousness, requiring the Mr. Miller, 62, has had ITDM since assistance of another person, or 2017. His endocrinologist examined him Keith E. Nichols resulting in impaired cognitive function in 2017 and certified that he has had no Mr. Nichols, 60, has had ITDM since that occurred without warning in the severe hypoglycemic reactions resulting past 12 months and no recurrent (two or 2012. His endocrinologist examined him in loss of consciousness, requiring the more) severe hypoglycemic episodes in in 2017 and certified that he has had no assistance of another person, or the last five years. His endocrinologist severe hypoglycemic reactions resulting resulting in impaired cognitive function certifies that Mr. Love understands in loss of consciousness, requiring the that occurred without warning in the diabetes management and monitoring, assistance of another person, or past 12 months and no recurrent (two or has stable control of his diabetes using resulting in impaired cognitive function insulin, and is able to drive a CMV more) severe hypoglycemic episodes in that occurred without warning in the safely. Mr. Love meets the requirements the last five years. His endocrinologist past 12 months and no recurrent (two or of the vision standard at 49 CFR certifies that Mr. Miller understands more) severe hypoglycemic episodes in 391.41(b)(10). His optometrist examined diabetes management and monitoring, the last five years. His endocrinologist him in 2017 and certified that he does has stable control of his diabetes using certifies that Mr. Nichols understands not have diabetic retinopathy. He holds insulin, and is able to drive a CMV diabetes management and monitoring, a Class B CDL from Delaware. safely. Mr. Miller meets the has stable control of his diabetes using requirements of the vision standard at insulin, and is able to drive a CMV Gerald P. Malone 49 CFR 391.41(b)(10). His optometrist safely. Mr. Nichols meets the Mr. Malone, 56, has had ITDM since examined him in 2018 and certified that requirements of the vision standard at 2002. His endocrinologist examined him he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist in 2017 and certified that he has had no He holds a Class A CDL from Virginia. examined him in 2018 and certified that
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he does not have diabetic retinopathy. insulin, and is able to drive a CMV has stable control of his diabetes using He holds an operator’s license from safely. Mr. Reynolds meets the insulin, and is able to drive a CMV Iowa. requirements of the vision standard at safely. Mr. Solomon meets the 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at Craig E. Paczkowski examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist Mr. Paczkowski, 53, has had ITDM he does not have diabetic retinopathy. examined him in 2017 and certified that since 2004. His endocrinologist He holds a Class A CDL from he has stable nonproliferative diabetic examined him in 2017 and certified that Pennsylvania. retinopathy. He holds a Class A CDL he has had no severe hypoglycemic from Minnesota. reactions resulting in loss of Jordin R. Rhone consciousness, requiring the assistance Mr. Rhone, 25, has had ITDM since Mark A. Tevis of another person, or resulting in 2001. His endocrinologist examined him Mr. Tevis, 58, has had ITDM since impaired cognitive function that in 2018 and certified that he has had no 2015. His endocrinologist examined him occurred without warning in the past 12 severe hypoglycemic reactions resulting in 2017 and certified that he has had no months and no recurrent (two or more) in loss of consciousness, requiring the severe hypoglycemic reactions resulting severe hypoglycemic episodes in the assistance of another person, or in loss of consciousness, requiring the last five years. His endocrinologist resulting in impaired cognitive function assistance of another person, or certifies that Mr. Paczkowski that occurred without warning in the resulting in impaired cognitive function understands diabetes management and past 12 months and no recurrent (two or that occurred without warning in the monitoring, has stable control of his more) severe hypoglycemic episodes in past 12 months and no recurrent (two or diabetes using insulin, and is able to the last five years. His endocrinologist more) severe hypoglycemic episodes in drive a CMV safely. Mr. Paczkowski certifies that Mr. Rhone understands the last five years. His endocrinologist meets the requirements of the vision diabetes management and monitoring, certifies that Mr. Tevis understands standard at 49 CFR 391.41(b)(10). His has stable control of his diabetes using diabetes management and monitoring, ophthalmologist examined him in 2017 insulin, and is able to drive a CMV has stable control of his diabetes using and certified that he has stable safely. Mr. Rhone meets the insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. requirements of the vision standard at safely. Mr. Tevis meets the requirements He holds an operator’s license from 49 CFR 391.41(b)(10). His optometrist of the vision standard at 49 CFR Florida. examined him in 2018 and certified that 391.41(b)(10). His optometrist examined he does not have diabetic retinopathy. him in 2018 and certified that he does Michael J. Pollart He holds a Class B CDL from New York. not have diabetic retinopathy. He holds Mr. Pollart, 27, has had ITDM since an operator’s license from Indiana. 2006. His endocrinologist examined him Nathaniel B. Shaw in 2017 and certified that he has had no Mr. Shaw, 32, has had ITDM since Richard D. Tripp severe hypoglycemic reactions resulting 2003. His endocrinologist examined him Mr. Tripp, 64, has had ITDM since in loss of consciousness, requiring the in 2018 and certified that he has had no 2017. His endocrinologist examined him assistance of another person, or severe hypoglycemic reactions resulting in 2017 and certified that he has had no resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic reactions resulting that occurred without warning in the assistance of another person, or in loss of consciousness, requiring the past 12 months and no recurrent (two or resulting in impaired cognitive function assistance of another person, or more) severe hypoglycemic episodes in that occurred without warning in the resulting in impaired cognitive function the last five years. His endocrinologist past 12 months and no recurrent (two or that occurred without warning in the certifies that Mr. Pollart understands more) severe hypoglycemic episodes in past 12 months and no recurrent (two or diabetes management and monitoring, the last five years. His endocrinologist more) severe hypoglycemic episodes in has stable control of his diabetes using certifies that Mr. Shaw understands the last five years. His endocrinologist insulin, and is able to drive a CMV diabetes management and monitoring, certifies that Mr. Tripp understands safely. Mr. Pollart meets the has stable control of his diabetes using diabetes management and monitoring, requirements of the vision standard at insulin, and is able to drive a CMV has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist safely. Mr. Shaw meets the requirements insulin, and is able to drive a CMV examined him in 2017 and certified that of the vision standard at 49 CFR safely. Mr. Tripp meets the he does not have diabetic retinopathy. 391.41(b)(10). His optometrist examined requirements of the vision standard at He holds an operator’s license from him in 2018 and certified that he does 49 CFR 391.41(b)(10). His Rhode Island. not have diabetic retinopathy. He holds ophthalmologist examined him in 2018 a Class A CDL from Minnesota. and certified that he has stable James D. Reynolds nonproliferative diabetic retinopathy. Timothy H. Solomon Mr. Reynolds, 64, has had ITDM since He holds a Class A CDL from South 2016. His endocrinologist examined him Mr. Solomon, 55, has had ITDM since Dakota. in 2018 and certified that he has had no 2015. His endocrinologist examined him severe hypoglycemic reactions resulting in 2017 and certified that he has had no Ismael Vasquez in loss of consciousness, requiring the severe hypoglycemic reactions resulting Mr. Vasquez, 56, has had ITDM since assistance of another person, or in loss of consciousness, requiring the 2017. His endocrinologist examined him resulting in impaired cognitive function assistance of another person, or in 2017 and certified that he has had no that occurred without warning in the resulting in impaired cognitive function severe hypoglycemic reactions resulting past 12 months and no recurrent (two or that occurred without warning in the in loss of consciousness, requiring the more) severe hypoglycemic episodes in past 12 months and no recurrent (two or assistance of another person, or the last five years. His endocrinologist more) severe hypoglycemic episodes in resulting in impaired cognitive function certifies that Mr. Reynolds understands the last five years. His endocrinologist that occurred without warning in the diabetes management and monitoring, certifies that Mr. Solomon understands past 12 months and no recurrent (two or has stable control of his diabetes using diabetes management and monitoring, more) severe hypoglycemic episodes in
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the last five years. His endocrinologist provide a reason for each suggestion or regarding viewing or submitting certifies that Mr. Vasquez understands recommendation. If you submit your material to the docket, contact Docket diabetes management and monitoring, comments by mail or hand delivery, Services, telephone (202) 366–9826. has stable control of his diabetes using submit them in an unbound format, no SUPPLEMENTARY INFORMATION: insulin, and is able to drive a CMV larger than 81⁄2 by 11 inches, suitable for safely. Mr. Vasquez meets the copying and electronic filing. If you I. Electronic Access requirements of the vision standard at submit comments by mail and would 49 CFR 391.41(b)(10). His optometrist like to know that they reached the You may see all the comments online examined him in 2017 and certified that facility, please enclose a stamped, self- through the Federal Document he does not have diabetic retinopathy. addressed postcard or envelope. Management System (FDMS) at: http:// He holds a Class A CDL from California. We will consider all comments and www.regulations.gov. Travis J. Womack materials received during the comment Docket: For access to the docket to period. FMCSA may issue a final read background documents or Mr. Womack, 33, has had ITDM since determination at any time after the close comments, go to http:// 1993. His endocrinologist examined him of the comment period. www.regulations.gov and/or Room in 2017 and certified that he has had no W12–140 on the ground level of the V. Viewing Comments and Documents severe hypoglycemic reactions resulting West Building, 1200 New Jersey Avenue in loss of consciousness, requiring the To view comments, as well as any SE, Washington, DC, between 9 a.m. and assistance of another person, or documents mentioned in this preamble, 5 p.m., e.t., Monday through Friday, resulting in impaired cognitive function go to http://www.regulations.gov and in except Federal holidays. that occurred without warning in the the search box insert the docket number past 12 months and no recurrent (two or Privacy Act: In accordance with 5 FMCSA–2018–0025 and click ‘‘Search.’’ U.S.C. 553(c), DOT solicits comments more) severe hypoglycemic episodes in Next, click ‘‘Open Docket Folder’’ and the last five years. His endocrinologist from the public to better inform its you will find all documents and rulemaking process. DOT posts these certifies that Mr. Womack understands comments related to this notice. diabetes management and monitoring, comments, without edit, including any Issued on: April 18, 2018. has stable control of his diabetes using personal information the commenter insulin, and is able to drive a CMV Larry W. Minor, provides, to http://www.regulations.gov, safely. Mr. Womack meets the Associate Administrator for Policy. as described in the system of records requirements of the vision standard at [FR Doc. 2018–08909 Filed 4–26–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can 49 CFR 391.41(b)(10). His BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/ ophthalmologist examined him in 2017 privacy. and certified that he has stable II. Background nonproliferative diabetic retinopathy. DEPARTMENT OF TRANSPORTATION He holds an operator’s license from On February 14, 2018, FMCSA Federal Motor Carrier Safety North Carolina. published a notice announcing receipt Administration of applications from 26 individuals III. Request for Comments [FMCSA Docket No. FMCSA–2017–0289] requesting an exemption from diabetes In accordance with 49 U.S.C. 31136(e) requirement in 49 CFR 391.41(b)(3) and and 31315, FMCSA requests public Qualification of Drivers; Exemption requested comments from the public (83 comment from all interested persons on Applications; Diabetes Mellitus FR 6725). The public comment period the exemption petitions described in ended on March 16, 2017, and one AGENCY: Federal Motor Carrier Safety this notice. We will consider all comment was received. Administration (FMCSA), DOT. comments received before the close of FMCSA has evaluated the eligibility ACTION: Notice of final disposition. business on the closing date indicated of these applicants and determined that in the dates section of the notice. SUMMARY: FMCSA announces its granting the exemptions to these IV. Submitting Comments decision to exempt 26 individuals from individuals would achieve a level of safety equivalent to or greater than the You may submit your comments and the prohibition in the Federal Motor level that would be achieved by material online or by fax, mail, or hand Carrier Safety Regulations (FMCSRs) complying with the current regulation delivery, but please use only one of against persons with insulin-treated 49 CFR 391.41(b)(3). these means. FMCSA recommends that diabetes mellitus (ITDM) from operating you include your name and a mailing a commercial motor vehicle (CMV) in The physical qualification standard address, an email address, or a phone interstate commerce. The exemptions for drivers regarding diabetes found in number in the body of your document enable these individuals with ITDM to 49 CFR 391.41(b)(3) states that a person so that FMCSA can contact you if there operate CMVs in interstate commerce. is physically qualified to drive a CMV are questions regarding your DATES: The exemptions were applicable if that person has no established submission. on March 17, 2018. The exemptions medical history or clinical diagnosis of To submit your comment online, go to expire on March 17, 2020. diabetes mellitus currently requiring http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms. insulin for control. search box insert the docket number Christine A. Hydock, Chief, Medical III. Discussion of Comments FMCSA–2018–0025 and click the search Programs Division, (202) 366–4001, button. When the new screen appears, [email protected], FMCSA, FMCSA received one comment in this click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200 proceeding. Vicky Johnson stated that button on the right hand side of the New Jersey Avenue SE, Room W64–224, Minnesota Driver and Vehicle Services page. On the new page, enter Washington, DC 20590–0001. Office (DVS) has no objections in granting information required including the hours are from 8:30 a.m. to 5 p.m., e.t., exemptions to the following Minnesota specific section of this document to Monday through Friday, except Federal drivers: Wade A. Demarais and David V. which each comment applies, and holidays. If you have questions Bartel.
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IV. Basis for Exemption Determination not it is related to an episode of would not be consistent with the goals Under 49 U.S.C. 31136(e) and 31315, hypoglycemia; (3) each driver must and objectives of 49 U.S.C. 31136(e) and FMCSA may grant an exemption from provide a copy of the ophthalmologist’s 31315. the diabetes standard in 49 CFR or optometrist’s report to the Medical Issued on: April 18, 2018. 391.41(b)(3) if the exemption is likely to Examiner at the time of the annual Larry W. Minor, medical examination; and (4) each achieve an equivalent or greater level of Associate Administrator for Policy. safety than would be achieved without driver must provide a copy of the annual medical certification to the [FR Doc. 2018–08922 Filed 4–26–18; 8:45 am] the exemption. The exemption allows BILLING CODE 4910–EX–P the applicants to operate CMVs in employer for retention in the driver’s interstate commerce. qualification file, or keeping a copy in his/her driver’s qualification file if he/ The Agency’s decision regarding these DEPARTMENT OF TRANSPORTATION exemption applications is based on the she is self-employed. The driver must program eligibility criteria and an also have a copy of the exemption when Federal Motor Carrier Safety individualized assessment of driving, for presentation to a duly Administration information submitted by each authorized Federal, State, or local enforcement official. applicant. The qualifications, [Docket No. FMCSA–2018–0009] experience, and medical condition of VI. Preemption each applicant were stated and Qualification of Drivers; Exemption During the period the exemption is in discussed in detail in the February 14, Applications; Vision effect, no State shall enforce any law or 2018, Federal Register notice (83 FR regulation that conflicts with this 6725) and will not be repeated in this AGENCY: Federal Motor Carrier Safety exemption with respect to a person notice. Administration (FMCSA), DOT. These 26 applicants have had ITDM operating under the exemption. ACTION: Notice of denials. over a range of 1 to 17 years. These VII. Conclusion SUMMARY: applicants report no severe FMCSA announces its Based upon its evaluation of the 26 hypoglycemic reactions resulting in loss decision to deny applications from 103 exemption applications, FMCSA of consciousness or seizure, requiring individuals who requested an exempts the following drivers from the the assistance of another person, or exemption from the vision standard in diabetes requirement in 49 CFR resulting in impaired cognitive function the Federal Motor Carrier Safety 391.41(b)(10), subject to the that occurred without warning Regulations (FMCSRs) to operate a CMV requirements cited above: symptoms, in the past 12 months and no in interstate commerce. recurrent (two or more) severe David V. Bartel (MN) FOR FURTHER INFORMATION CONTACT: Ms. hypoglycemic episodes in the past five Michael A. Brady (NH) Christine A. Hydock, Chief, Medical years. In each case, an endocrinologist Junior K. Brewer (NE) Programs Division, (202) 366–4001, verified that the driver has Marvin D. Buitt (MS) [email protected], FMCSA, demonstrated a willingness to properly Larry E. Burchett (FL) Department of Transportation, 1200 monitor and manage his/her diabetes Pasquale Cala (PA) New Jersey Avenue SE, Room W64–224, mellitus, received education related to Byron D. Christian (LA) Washington, DC 20590–0001. Office diabetes management, and is on a stable Bryon D. Cowell (IA) hours are from 8:30 a.m. to 5 p.m., e.t., insulin regimen. These drivers report no Walter B. Cromwell, 3rd (NJ) Monday through Friday, except Federal other disqualifying conditions, Eric C. Delio (IN) holidays. including diabetes related Wade A. Demarais (MN) SUPPLEMENTARY INFORMATION: complications. Each meets the vision Gary D. Detwiler (CA) I. Electronic Access requirement at 49 CFR 391.41(b)(10). Willis L. Drake, Jr. (MD) Consequently, FMCSA finds that in Doyle J. Dreisow (WI) You may see all the comments online each case exempting these applicants Anthony Episcopo (WI) through the Federal Document from the diabetes requirement in 49 CFR Herve H. Estime (GA) Management System (FDMS) at: http:// 391.41(b)(3) is likely to achieve a level Gregory A. Gruber (KS) www.regulations.gov. of safety equal to that existing without Clifford J. Hughes (NY) Docket: For access to the docket to the exemption. Brian J. Lanzim (NJ) read background documents or Michael E. Luttrell (GA) comments, go to http:// V. Conditions and Requirements William R. Mizell (AR) www.regulations.gov and/or Room The terms and conditions of the Frank E. Myers, Jr. (OK) W12–140 on the ground level of the exemption are provided to the John W. Olenczak (NJ) West Building, 1200 New Jersey Avenue applicants in the exemption document Michael A. Randazzo (PA) SE, Washington, DC, between 9 a.m. and and includes the following: (1) Each Jonathan M. Trussell (TX) 5 p.m., e.t., Monday through Friday, driver must submit a quarterly Raymond L. Underwood, Jr. (CT) except Federal holidays. monitoring checklist completed by the In accordance with 49 U.S.C. 31136(e) Privacy Act: In accordance with 5 treating endocrinologist as well as an and 31315, each exemption will be valid U.S.C. 553(c), DOT solicits comments annual checklist with a comprehensive for two years from the effective date from the public to better inform its medical evaluation; (2) each driver must unless revoked earlier by FMCSA. The rulemaking process. DOT posts these report within two business days of exemption will be revoked if the comments, without edit, including any occurrence, all episodes of severe following occurs: (1) The person fails to personal information the commenter hypoglycemia, significant comply with the terms and conditions provides, to http://www.regulations.gov, complications, or inability to manage of the exemption; (2) the exemption has as described in the system of records diabetes; also, any involvement in an resulted in a lower level of safety than notice (DOT/ALL–14 FDMS), which can accident or any other adverse event in was maintained prior to being granted; be reviewed at http://www.dot.gov/ a CMV or personal vehicle, whether or or (3) continuation of the exemption privacy.
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II. Background Michael J. Berry (PA) Jamie S. White (GA) FMCSA received applications from Joseph B. Chun Tei (CA) The following eight applicants did not 103 individuals who requested an Kevin D. Craft (LA) have sufficient driving experience exemption from the vision standard in Dane C. Czerniak (PA) during the past 3 years under normal the FMCSRs. Michael Deckert (PA) highway operating conditions (gaps in FMCSA has evaluated the eligibility Joseph F. Desgrottes (FL) driving record): of these applicants and concluded that Brian S. Duncan (MO) Brannon S. Alexander (MO) granting these exemptions would not Joseph Eppolito (NY) Russell E. Burden (WY) provide a level of safety that would be William E. Fowler (VA) Jeffrey P. Campbell (KY) Levin D. Gann-Olehy (MN) equivalent to or greater than, the level Daniel D. Diggs (TX) Abdirisak A. Hassan (MN) of safety that would be obtained by Ahmed M. Gutale (MN) George A. Kellner (FL) complying with the regulation 49 CFR Zachary W.L. Justice (OH) Brian D. Leeper (IN) 391.41(b)(10). Joanna Marlow (NM) Kelvin K. Mcatee (IL) Lawrence B. Reyes (WA) III. Basis for Exemption Determination Adrian Mendoza (CA) The following applicant, William D. John R. Menendez (MO) Under 49 U.S.C. 31136(e) and 31315, Harris (IN), contributed to accident(s) in FMCSA may grant an exemption if it Andre J. Murdock (MD) Donald J. Nelson (ID) which the applicant was operating a finds such an exemption would likely CMV, which is a disqualifying offense. achieve a level of safety that is Thomas M. Palmer (PA) Joseph L. Rigsby (AL) The following applicant, Marty J. equivalent to, or greater then, the level Prouty (IA), did not demonstrate the that would be achieved absent such an Andrew W. Rocole (NE) Homero Saenz (KY) level of safety required for interstate exemption. driving based on the state-issued driving The Agency’s decision regarding these Reginald I. Sessum (NY) Antwine Simmons (GA) report (excessive moving/non-moving exemption applications is based on the Saban R. Sosic (MI) violations during 3-year period). eligibility criteria, the terms and Miguel A. Soto (CA) The following applicant, Johnny conditions for Federal exemptions, and James V. Stuart (MA) Frasier (FL), did not have an optometrist an individualized assessment of each Travis D. Summerville (IL) or ophthalmologist willing to make a applicant’s medical information Donavon X. Taylor (MS) statement that they are able to operate provided by the applicant. Paul R. Todi (KY) a commercial vehicle from a vision IV. Conclusion Carlos M. Torres Nieves (TX) standpoint. Ryan Tortorelli (CO) The following 18 applicants were The Agency has determined that these denied for multiple reasons: applicants do not satisfy the criteria Isai Trejo (CO) Matthew C. Walker (IN) Fnu Aryan (TX) eligibility or meet the terms and Dennis K. Bench (MT) conditions of the Federal exemption and Felicia R. Warnick (IL) David A. Whittam (WA) David A. Bronson (FL) granting these exemptions would not Wade R. Winckler (SD) Elliott D. Hain (PA) provide a level of safety that would be The following 13 applicants did not Dennis L. Johnson (NC) equivalent to or greater than, the level Paul E. Kemp (MS) of safety that would be obtained by have 3 years of experience driving a CMV on public highways with their Jeffrey T. Landry (NC) complying with the regulation 49 CFR Joshua S. Little (MD) vision deficiencies: 391.41(b)(10). Therefore, the 103 Progress A. Lloyd (NC) applicants in this notice have been Steven J. Brown (NY) Lydia McCormick (NY) denied exemptions from the physical Joseph S. Clymer (OH) Mark A. Myers (IN) qualification standards in 49 CFR Scott R. Dawley (IA) Deborah A. Nichols (MI) 391.41(b)(10). Gary A. Foley (NH) Ronald Sapp (GA) Each applicant has, prior to this Antonio E. Gargano (PA) Craig Scott (GA) notice, received a letter of final Clyde M. Kennedy (VA) Jeffery L. Shick (IL) disposition regarding his/her exemption Elmer D. King (PA) Joy S. Smith (TX) request. Those decision letters fully Curtis M. Kirkland (GA) Patrick J. Stempel (NY) outlined the basis for the denial and Paul L. Koch (WI) Scott W. Ward (PA) constitute final action by the Agency. Lee A. Leasure (CA) The following three applicants have This notice summarizes the Agency’s Gregory J. Mastey (WI) not had stable vision for the preceding recent denials as required under 49 Donald R. Pierson (WA) 3-year period: Daniel R. Parramore (FL); Jeffrey Shauver (IN) U.S.C. 31315(b)(4) by periodically Cheryl A. Phelps (OH); Guadalupe publishing names and reasons for The following 11 applicants did not Potter (WA). denial. have 3 years of recent experience The following four applicants drove The following two applicants did not driving a CMV with the vision interstate while restricted to intrastate have sufficient driving experience over deficiency: driving: the past three years under normal Arthur T. Brown (FL) Michael D. Cameron (TN) highway operating conditions: Henry M. Darden (DC) Thomas R. Row (PA) Christopher E. Day (OR); Andrew R. Theodore A. DuBreuil (MI) Joel Vasquez (TX) Sampson (MD). Thomas S. Ewald (IA) Tony L. Willschau (SD) The following 41 had no experience Barry J. Friedlander (NY) operating a CMV: Gregory P. Grimes (OK) Issued on: April 23, 2018. Aktham G. Abdelraouf (UT) Louis W. Henderson (DE) Larry W. Minor, Javier A. Alcantara (FL) Michael A. Higgins (IL) Associate Administrator for Policy. Robbie R. Austin (ID) Rex R. Pannell (AR) [FR Doc. 2018–08911 Filed 4–26–18; 8:45 am] John J. Beich (FL) Ricky A. Schott (PA) BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION II. Background the assistance of another person, or On December 13, 2017, FMCSA resulting in impaired cognitive function Federal Motor Carrier Safety published a notice announcing receipt that occurred without warning Administration of applications from 49 individuals symptoms, in the past 12 months and no requesting an exemption from diabetes recurrent (two or more) severe hypoglycemic episodes in the past five [FMCSA Docket No. FMCSA–2017–0236] requirement in 49 CFR 391.41(b)(3) and years. In each case, an endocrinologist requested comments from the public (82 Qualification of Drivers; Exemption verified that the driver has FR 58686). The public comment period Applications; Diabetes Mellitus demonstrated a willingness to properly ended on January 12, 2018, and one monitor and manage his/her diabetes comment was received. AGENCY: Federal Motor Carrier Safety mellitus, received education related to FMCSA has evaluated the eligibility Administration (FMCSA), DOT. diabetes management, and is on a stable of these applicants and determined that insulin regimen. These drivers report no ACTION: Notice of final disposition. granting the exemptions to these other disqualifying conditions, individuals would achieve a level of SUMMARY: FMCSA announces its including diabetes related safety equivalent to or greater than the decision to exempt 49 individuals from complications. Each meets the vision level that would be achieved by the prohibition in the Federal Motor requirement at 49 CFR 391.41(b)(10). complying with the current regulation Carrier Safety Regulations (FMCSRs) Consequently, FMCSA finds that in 49 CFR 391.41(b)(3). against persons with insulin-treated each case exempting these applicants The physical qualification standard diabetes mellitus (ITDM) from operating from the diabetes requirement in 49 CFR for drivers regarding diabetes found in a commercial motor vehicle (CMV) in 391.41(b)(3) is likely to achieve a level 49 CFR 391.41(b)(3) states that a person interstate commerce. The exemptions of safety equal to that existing without is physically qualified to drive a CMV enable these individuals with ITDM to the exemption. if that person has no established operate CMVs in interstate commerce. medical history or clinical diagnosis of V. Conditions and Requirements DATES: The exemptions were applicable diabetes mellitus currently requiring The terms and conditions of the on January 13, 2018. The exemptions insulin for control. exemption are provided to the expire on January 13, 2020. III. Discussion of Comments applicants in the exemption document FOR FURTHER INFORMATION CONTACT: Ms. and includes the following: (1) Each Christine A. Hydock, Chief, Medical FMCSA received one comment in this driver must submit a quarterly Programs Division, (202) 366–4001, proceeding. Brittany Rothweiler stated monitoring checklist completed by the [email protected], FMCSA, that she believes if a person can provide treating endocrinologist as well as an Department of Transportation, 1200 documentation from their healthcare annual checklist with a comprehensive New Jersey Avenue SE, Room W64–224, provider that their diabetes is medical evaluation; (2) each driver must Washington, DC 20590–0001. Office controlled, then they should be able to report within two business days of hours are from 8:30 a.m. to 5 p.m., e.t., drive a CMV in interstate commerce. occurrence, all episodes of severe Monday through Friday, except Federal Drivers applying for the Federal hypoglycemia, significant holidays. If you have questions diabetes exemption are required to complications, or inability to manage regarding viewing or submitting submit medical documentation from diabetes; also, any involvement in an material to the docket, contact Docket their Endocrinologist attesting to proper accident or any other adverse event in Services, telephone (202) 366–9826. control of their diabetes. a CMV or personal vehicle, whether or SUPPLEMENTARY INFORMATION: IV. Basis for Exemption Determination not it is related to an episode of hypoglycemia; (3) each driver must I. Electronic Access Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s FMCSA may grant an exemption from or optometrist’s report to the Medical You may see all the comments online the diabetes standard in 49 CFR through the Federal Document Examiner at the time of the annual 391.41(b)(3) if the exemption is likely to medical examination; and (4) each Management System (FDMS) at: http:// achieve an equivalent or greater level of www.regulations.gov. driver must provide a copy of the safety than would be achieved without annual medical certification to the Docket: For access to the docket to the exemption. The exemption allows employer for retention in the driver’s read background documents or the applicants to operate CMVs in qualification file, or keeping a copy in comments, go to http:// interstate commerce. his/her driver’s qualification file if he/ www.regulations.gov and/or Room The Agency’s decision regarding these she is self-employed. The driver must W12–140 on the ground level of the exemption applications is based on the also have a copy of the exemption when West Building, 1200 New Jersey Avenue program eligibility criteria and an driving, for presentation to a duly SE, Washington, DC, between 9 a.m. and individualized assessment of authorized Federal, State, or local 5 p.m., e.t., Monday through Friday, information submitted by each enforcement official. except Federal holidays. applicant. The qualifications, Privacy Act: In accordance with 5 experience, and medical condition of VI. Preemption U.S.C. 553(c), DOT solicits comments each applicant were stated and During the period the exemption is in from the public to better inform its discussed in detail in the December 13, effect, no State shall enforce any law or rulemaking process. DOT posts these 2017, Federal Register notice (82 FR regulation that conflicts with this comments, without edit, including any 58686) and will not be repeated in this exemption with respect to a person personal information the commenter notice. operating under the exemption. provides, to http://www.regulations.gov, These 49 applicants have had ITDM as described in the system of records over a range of 1 to 33 years. These VII. Conclusion notice (DOT/ALL–14 FDMS), which can applicants report no severe Based upon its evaluation of the 49 be reviewed at http://www.dot.gov/ hypoglycemic reactions resulting in loss exemption applications, FMCSA privacy. of consciousness or seizure, requiring exempts the following drivers from the
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diabetes requirement in 49 CFR DEPARTMENT OF TRANSPORTATION II. Background 391.41(b)(10), subject to the On January 16, 2018, FMCSA Federal Motor Carrier Safety requirements cited above: published a notice announcing receipt Administration Christopher G. Barr (MI) of applications from 39 individuals Jason W. Bass (NM) requesting an exemption from diabetes Michael L. Beaty (AK) [FMCSA Docket No. FMCSA–2017–0287] requirement in 49 CFR 391.41(b)(3) and Bryan L. Bier (WA) requested comments from the public (83 David T. Botkin (CA) Qualification of Drivers; Exemption FR 2300). The public comment period Terry L. Breuklander (MO) Applications; Diabetes Mellitus Vensin R. Brown (GA) ended on February 15, 2018, and no Derek R. Burke (ID) AGENCY: Federal Motor Carrier Safety comments were received. James H. Corbett (SC) Administration (FMCSA), DOT. FMCSA has evaluated the eligibility Phillip M. Covel (NE) of these applicants and determined that Alan P. Curtis (CT) ACTION: Notice of final disposition. granting the exemptions to these Steven M. Dillow (IN) individuals would achieve a level of SUMMARY: FMCSA announces its Samuel W. Drake (VT) safety equivalent to or greater than the decision to exempt 39 individuals from Garland K. Edmonds (WV) level that would be achieved by the prohibition in the Federal Motor Donald R. Engbretson (IA) complying with the current regulation Kenneth F. Erbar (WA) Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3). Gary W. Finn (CO) against persons with insulin-treated The physical qualification standard Russ A. Garetson (IA) diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in Donald R. Gladson (TN) a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person Evon L. Gray (PA) interstate commerce. The exemptions is physically qualified to drive a CMV Edward A. Harrell (FL) enable these individuals with ITDM to Kevin P. Harris (ME) if that person has no established operate CMVs in interstate commerce. Thomas S. Holland (PA) medical history or clinical diagnosis of Cody R. Huxman (KS) DATES: The exemptions were applicable diabetes mellitus currently requiring Lewis D. Knudsen (VA) on February 16, 2018. The exemptions insulin for control. Tracy D. Kropf (OR) expire on February 16, 2020. Edward H. LaDuke (AZ) III. Discussion of Comments James E. Malonson (MA) FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical FMCSA received no comments in this Bruce E. Martin (MA) proceeding. Shaun A. Medley (IN) Programs Division, (202) 366–4001, Melissa D. Merchant (AL) [email protected], FMCSA, IV. Basis for Exemption Determination William Moore (NJ) Department of Transportation, 1200 Kevin E. Nash (IN) New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315, David J. Ninke (OH) Washington, DC 20590–0001. Office FMCSA may grant an exemption from Thomas A. Pothast (OH) hours are from 8:30 a.m. to 5 p.m., e.t., the diabetes standard in 49 CFR Jonathan E. Sills (IN) Monday through Friday, except Federal 391.41(b)(3) if the exemption is likely to Nirmal Singh (MI) holidays. If you have questions achieve an equivalent or greater level of Sonny Singh (OK) regarding viewing or submitting safety than would be achieved without Michael A. Skovbroten (WI) the exemption. The exemption allows Mark N. Sprague (ME) material to the docket, contact Docket Services, telephone (202) 366–9826. the applicants to operate CMVs in Bick M. Stenberg (UT) interstate commerce. Duane J. TenEyck (NE) SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these Wayne M. Tolbert (OH) exemption applications is based on the Rene G. Torres (TX) I. Electronic Access program eligibility criteria and an Fred M. Ussery (LA) You may see all the comments online Jerry C. Watkins (NC) individualized assessment of through the Federal Document information submitted by each Thomas H. Weihler (IL) Management System (FDMS) at: http:// Perry D. Whitley (NM) applicant. The qualifications, Alexander J. Yakimow (OH) www.regulations.gov. experience, and medical condition of In accordance with 49 U.S.C. 31136(e) Docket: For access to the docket to each applicant were stated and and 31315, each exemption will be valid read background documents or discussed in detail in the January 16, for two years from the effective date comments, go to http:// 2018, Federal Register notice (83 FR unless revoked earlier by FMCSA. The www.regulations.gov and/or Room 2300) and will not be repeated in this exemption will be revoked if the W12–140 on the ground level of the notice. following occurs: (1) The person fails to West Building, 1200 New Jersey Avenue These 39 applicants have had ITDM comply with the terms and conditions SE, Washington, DC, between 9 a.m. and over a range of 1 to 30 years. These of the exemption; (2) the exemption has 5 p.m., e.t., Monday through Friday, applicants report no severe resulted in a lower level of safety than except Federal holidays. hypoglycemic reactions resulting in loss was maintained prior to being granted; Privacy Act: In accordance with 5 of consciousness or seizure, requiring or (3) continuation of the exemption U.S.C. 553(c), DOT solicits comments the assistance of another person, or would not be consistent with the goals from the public to better inform its resulting in impaired cognitive function and objectives of 49 U.S.C. 31136(e) and rulemaking process. DOT posts these that occurred without warning 31315. comments, without edit, including any symptoms, in the past 12 months and no personal information the commenter recurrent (two or more) severe Issued on: April 23, 2018. provides, to http://www.regulations.gov, hypoglycemic episodes in the past five Larry W. Minor, as described in the system of records years. In each case, an endocrinologist Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can verified that the driver has [FR Doc. 2018–08912 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ demonstrated a willingness to properly BILLING CODE 4910–EX–P privacy. monitor and manage his/her diabetes
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mellitus, received education related to Gary W. Brooks (CA) SUMMARY: FMCSA announces its diabetes management, and is on a stable Carl E. Bryant (NY) decision to renew exemptions for 186 insulin regimen. These drivers report no Vernon C. Buchanan (PA) individuals from its prohibition in the other disqualifying conditions, Phillip L. Butler (VA) Federal Motor Carrier Safety including diabetes related Tyler H. Cardwell (MI) Regulations (FMCSRs) against persons complications. Each meets the vision Arleigh D. Chapman (PA) with insulin-treated diabetes mellitus requirement at 49 CFR 391.41(b)(10). Richard J. Dinzeo (MN) (ITDM) from operating commercial Consequently, FMCSA finds that in Mark A. Donahoo (MO) motor vehicles (CMVs) in interstate each case exempting these applicants James W. Felske (IL) commerce. The exemptions enable these Christopher L. Fleming (GA) from the diabetes requirement in 49 CFR individuals with ITDM to continue to 391.41(b)(3) is likely to achieve a level Jason R. Gassaway (NM) Owen D. Gibbons (PA) operate CMVs in interstate commerce. of safety equal to that existing without James L. Goodwin, 3rd (MD) DATES: Each group of renewed the exemption. Richard J. Grenvik (MN) exemptions were applicable on the V. Conditions and Requirements Michael K. Gunn (WI) dates stated in the discussions below Kermit F. Hicks, Jr. (OH) The terms and conditions of the and will expire on the dates stated in Raymond D. Hill (MN) the discussions below. exemption are provided to the Rob D. Karaus (IN) FOR FURTHER INFORMATION CONTACT: Ms. applicants in the exemption document Garnie T. Mauk, Jr. (TN) Christine A. Hydock, Chief, Medical and includes the following: (1) Each Jose Medelez (OR) driver must submit a quarterly Alexander P. Paice (UT) Programs Division, 202–366–4001, monitoring checklist completed by the Charles Petit-Homme (NY) [email protected], FMCSA, treating endocrinologist as well as an Phillip G. Putzke (SD) Department of Transportation, 1200 annual checklist with a comprehensive James A. Smit (MN) New Jersey Avenue SE, Room W64–224, medical evaluation; (2) each driver must Gregory E. Sorenson (IN) Washington, DC 20590–0001. Office report within two business days of Sharon P. Soucy (AK) hours are from 8:30 a.m. to 5:30 p.m., occurrence, all episodes of severe Robin T. Spence (OK) e.t., Monday through Friday, except hypoglycemia, significant Anthony P. Sweeney (MD) Federal holidays. If you have questions complications, or inability to manage Richard A. Sweeting (GA) regarding viewing or submitting diabetes; also, any involvement in an Steven J. Voorhees (MT) material to the docket, contact Docket accident or any other adverse event in Jeffery E. Wall (NC) Services, telephone (202) 366–9826. a CMV or personal vehicle, whether or Samuel E. Ward (KS) SUPPLEMENTARY INFORMATION: not it is related to an episode of In accordance with 49 U.S.C. 31136(e) hypoglycemia; (3) each driver must and 31315, each exemption will be valid I. Electronic Access provide a copy of the ophthalmologist’s for two years from the effective date You may see all the comments online or optometrist’s report to the Medical unless revoked earlier by FMCSA. The through the Federal Document Examiner at the time of the annual exemption will be revoked if the Management System (FDMS) at: http:// medical examination; and (4) each following occurs: (1) The person fails to www.regulations.gov. driver must provide a copy of the comply with the terms and conditions Docket: For access to the docket to annual medical certification to the of the exemption; (2) the exemption has read background documents or employer for retention in the driver’s resulted in a lower level of safety than comments, go to http// qualification file, or keeping a copy in was maintained prior to being granted; www.regulations.gov and/or Room his/her driver’s qualification file if he/ or (3) continuation of the exemption W12–140 on the ground level of the she is self-employed. The driver must would not be consistent with the goals West Building, 1200 New Jersey Avenue also have a copy of the exemption when and objectives of 49 U.S.C. 31136(e) and SE, Washington, DC, between 9 a.m. and driving, for presentation to a duly 31315. 5 p.m., e.t., Monday through Friday, authorized Federal, State, or local Issued on: April 23, 2018. except Federal holidays. enforcement official. Larry W. Minor, Privacy Act: In accordance with 5 VI. Preemption Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments During the period the exemption is in [FR Doc. 2018–08914 Filed 4–26–18; 8:45 am] from the public to better inform its effect, no State shall enforce any law or BILLING CODE 4910–EX–P rulemaking process. DOT posts these regulation that conflicts with this comments, without edit, including any exemption with respect to a person personal information the commenter operating under the exemption. DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, as described in the system of records VII. Conclusion Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can Based upon its evaluation of the 39 Administration be reviewed at http://www.dot.gov/ exemption applications, FMCSA [Docket No. FMCSA–2009–0289; FMCSA– privacy. exempts the following drivers from the 2009–0290; FMCSA–2011–0300; FMCSA– II. Background diabetes requirement in 49 CFR 2013–0190; FMCSA–2013–0191; FMCSA– 391.41(b)(10), subject to the 2015–0338; FMCSA–2015–0339; FMCSA– On February 14, 2018, FMCSA requirements cited above: 2015–0340] published a notice announcing its Rodney C. Adams (CT) decision to renew exemptions for 186 Qualification of Drivers; Exemption individuals from the insulin-treated Craig A. Ballard (GA) Applications; Diabetes David E. Bauman (NE) diabetes mellitus prohibition in 49 CFR Ryan C. Bayless (MO) AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Dennis E. Bellerive (NH) Administration (FMCSA), DOT. interstate commerce and requested Billy G. Boren, Jr. (KY) comments from the public (83 FR 6712). ACTION: Notice of final disposition. Joseph H. Bove (NY) The public comment period ended on
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March 16, 2018, and no comments were 31315, the following 23 individuals The drivers were included in docket received. have satisfied the renewal conditions for number FMCSA–2015–0338. Their As stated in the previous notice, obtaining an exemption from the rule exemptions are applicable as of January FMCSA has evaluated the eligibility of prohibiting drivers with ITDM from 14, 2018, and will expire on January 14, these applicants and determined that driving CMVs in interstate commerce 2020. renewing these exemptions would (74 FR 55890; 75 FR 1449; 80 FR 81667): As of January 21, 2018, and in achieve a level of safety equivalent to or Eric M. Butz (OH) accordance with 49 U.S.C. 31136(e) and greater than the level that would be Rita A. Cefaratti (CT) 31315, the following 35 individuals achieved by complying with the current Gerald F. Crowley (NY) have satisfied the renewal conditions for regulation 49 CFR 391.41(b)(3). Scott J. Denham (MN) obtaining an exemption from the rule The physical qualification standard Larry E. Dickerson (GA) prohibiting drivers with ITDM from for drivers regarding diabetes found in David E. Ginter (PA) driving CMVs in interstate commerce 49 CFR 391.41(b)(3) states that a person William H. Goebel (IA) (80 FR 79402): is physically qualified to drive a CMV Joseph L. Gray, III (PA) Randall S. Blight (MI) if that person has no established Ryan R. Harris (IA) George S. Callahan (IN) medical history or clinical diagnosis of Carroll J. Hartsell (WV) Myron D. Collins (CO) diabetes mellitus currently requiring Keith M. Huels (AZ) Paul E. Costello (NE) insulin for control. Daniel R. Jackson (PA) Pete J. Dewitt (CA) III. Discussion of Comments Curtis W. Keelin, Jr. (WY) Frank A. Earullo (IL) Patrick J. Krueger (WI) Isadios P. Harris (NJ) FMCSA received no comments in this Tammy Lynn F. Manuel (SC) David A. Heine (ND) preceding. Francisco J. Martinez (MA) Logan L. Jackson (CA) IV. Conclusion Andrew W. Myer (NE) Elie Jean (NJ) Chad A. Nelson (UT) Dean L. Jerpseth (MN) Based upon its evaluation of the 186 David W. Olson (AZ) Terrence P. Lescamela (MI) renewal exemption applications and Mark E. Pascoe (WI) Russell D. Logan (NC) comments received, FMCSA confirms Terry L. Riddell (IN) Tommaso Maccarrone (NJ) its’ decision to exempt the following Roger L. Summerfield (WI) Raymond Mendez (NY) drivers from the rule prohibiting drivers Jimmy P. Wright (TX) Anthony J. Miller (PA) with ITDM from driving CMVs in The drivers were included in docket Marlin D. Milliken (PA) interstate commerce in 49 CFR number FMCSA–2009–0289. Their Charles A. Mims (AL) 391.64(3): exemptions are applicable as of January Gustavo A. Mojica (FL) In accordance with 49 U.S.C. 31136(e) 11, 2018, and will expire on January 11, Timmothy S. Pederson (SD) and 31315, the following groups of 2020. Carlos J. Perez-Beltran (PA) drivers received renewed exemptions in As of January 14, 2018, and in Seth A. Piel (WI) the month of January and are discussed accordance with 49 U.S.C. 31136(e) and Carlos M. Pinto (NY) below: 31315, the following 26 individuals Peter C. Poungded (CA) As of January 5, 2018, and in have satisfied the renewal conditions for Michael D. Prestby (IA) accordance with 49 U.S.C. 31136(e) and obtaining an exemption from the rule Wilson Rosado (IN) 31315, the following 16 individuals prohibiting drivers with ITDM from Jason G. Ross (CA) have satisfied the renewal conditions for driving CMVs in interstate commerce Sandra J. Sexton (IL) obtaining an exemption from the rule (80 FR 77408): Jacob A. Small (NJ) prohibiting drivers with ITDM from Dale L. Vaughan (MO) Jessie L. Arrant, Jr. (GA) driving CMVs in interstate commerce Tyler J. Vogt (IL) Joseph M. Benech (RI) (76 FR 71112; 77 FR 532; 80 FR 81667): Christoph Wagner (NJ) Shane M. Burgard (MN) Russell J. Welke (WI) Mark A. Aspden (MA) Wesley O. Davis (SC) Donald L. Westbrook (PA) Rodney C. Backus (NY) Steven P. DelPizzo (PA) David M. Wike (NC) Gary L. Breitenbach (SC) Gregory P. Doyle (CO) Gerald R. Curran (PA) Timothy D. Funk (IL) The drivers were included in docket Matthew G. Denisov (NC) Diane M. Greenberg (VA) number FMCSA–2015–0339. Their Steven W. Gerling (IA) Brent P. Griswold (NY) exemptions are applicable as of January Jackie D. Greenlee (MO) Earl E. Hudson, III (SC) 21, 2018, and will expire on January 21, Gregory L. Horton (GA) Gregory A. Huffman (TX) 2020. Justin W. Jackson (OK) Robert D. Lair, Jr. (AR) As of January 23, 2018, and in David T. Kylander (MO) Mark A. Leman (IL) accordance with 49 U.S.C. 31136(e) and Kevin A. Perdue (MD) Michael S. Massa (PA) 31315, the following 12 individuals Michael E. Pleak (IN) Derek D. Patrick (MI) have satisfied the renewal conditions for Christopher C. Stephenson (KS) Joseph M. Petrucci (NH) obtaining an exemption from the rule Todd J. Timmerman (WI) James W. Prather (OH) prohibiting drivers with ITDM from Richard L. White (MS) Edward O. Prosser (RI) driving CMVs in interstate commerce Paul A. Wright (NY) Dennis L. Ruff (WA) (78 FR 65034; 79 FR 3917; 80 FR 81667): The drivers were included in docket William J. Shrader (CA) Clair H. Gilmore (WA) number FMCSA–2011–0300. Their Ronald L. Smith (KS) Michael Kollos (MN) exemptions are applicable as of January Wayne D. Smith (VT) Daniel T. Lindahl (WI) 5, 2018, and will expire on January 5, Carnnell A. Taite (MI) James F. McSweeney (NH) 2020. Robert S. Townsend (NH) Eric W. Miller (IN) As of January 11, 2018, and in Zachary C. Warrick (NE) William J. Rodgers (PA) accordance with 49 U.S.C. 31136(e) and Zachary C. White (CA) Mark A. Rosenau (MN)
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Daniel B. Shaw (FL) Scott C. Garbiel (ME) DEPARTMENT OF TRANSPORTATION John C. Thomas (IN) Al Glover, Jr. (LA) Richard Wasko (FL) Jimmy H. Goacher (NC) Federal Motor Carrier Safety Douglas E. Wilhoit (PA) Administration Jim B. Gonzalez (OR) Richard A. Wilk (OH) William F. Hamann (KY) [Docket No. FMCSA–2018–0119] The drivers were included in docket Nathaniel K. Hamilton (TX) number FMCSA–2015–0338. Their Agency Information Collection exemptions are applicable as of January Michael D. Henry (OH) Activities; Request for Comments; 23, 2018, and will expire on January 23, Jon C. Hicks (PA) Revision and Renewal of an Approved 2020. Kevin F. Hoffman (PA) Information Collection: Medical As of January 28, 2018, and in Jerry A. Huffman (NC) Qualification Requirements accordance with 49 U.S.C. 31136(e) and Daurell A. Jones (MD) 31315, the following 21 individuals AGENCY: Federal Motor Carrier Safety Jerry J. Klosterman (OH) have satisfied the renewal conditions for Administration (FMCSA), DOT. obtaining an exemption from the rule Joseph E. Kolb (NY) ACTION: Notice and request for prohibiting drivers with ITDM from Larry C. Krueger (NE) comments. driving CMVs in interstate commerce Chad M. Kuck (AK) (74 FR 65836; 75 FR 4622; 80 FR 81667): Craig A. Lemponen (OH) SUMMARY: In accordance with the Paperwork Reduction Act of 1995, Bob A. Bauer (WI) Donald R. Leonard, Jr. (NH) Michael P. Berger (ND) FMCSA announces its plan to submit Matthew P. Ludwig (NY) the Information Collection Request (ICR) William D. Blosch (GA) Keith B. Masters (NH) Victor M. Brunner (WI) described below to the Office of Sandra R. Moultrie (GA) Tom L. Cooley (KS) Management and Budget (OMB) for its Robert G. Dohman, Jr. (ND) Jeffrey A. Olson (IA) review and approval and invites public Danny E. Edmonson (GA) Howard L. Peacock (KS) comment. The FMCSA requests to Andrew C. Everett (AZ) Chauncey W. Pittman (IN) revise and renew an ICR titled, ‘‘Medical Donald W. Hansen (ND) Brandon C. Rhinehart (MD) Qualification Requirements,’’ due to Joseph S. Hernandez (NM) updated information for several of the James E. Richardson (NY) Information Collections (ICs) discussed. Jordan T. Johnston (IN) Gerald C. Rosencrans (PA) Jere W. Kirkpatrick (OH) This ICR is needed to ensure that Kyle A. Leach (NE) Henry J. Russo (NJ) drivers, motor carriers and the States are Robert J. Lewis, Jr. (VT) Richard G. Schumann (NJ) complying with the physical Stacy R. Oberholzer (PA) Donald R. Sine, Jr. (WV) qualification requirements of Michael S. Ogle (GA) Jefferson L. Smith (MA) commercial motor vehicle (CMV) Walter L. Patrick (TN) Troy T. Sunnarborg (MN) drivers. The information collected is used to determine and certify driver Richard A. Piercefield, Sr. (MI) Dennis E. Taunton (ID) medical fitness and must be collected in Kevin A. Roginski (PA) Phillip A. Trent (VA) Bruce M. Stockton (MO) order for our highways to be safe. Deborah D. Watson (MI) Todd R. Vickers (MD) DATES: We must receive your comments Ronnie C. Webb (MT) The drivers were included in docket on or before June 26, 2018. William R. White (MI) number FMCSA–2009–0290. Their ADDRESSES: You may submit comments exemptions are applicable as of January Curtis L. Worsfold (NE) identified by Federal Docket 28, 2018, and will expire on January 28, Jason D. Zagorski (NC) Management System (FDMS) Docket 2020. The drivers were included in docket Number FMCSA–2018–0119 using any As of January 29, 2018, and in numbers FMCSA–2013–0191; FMCSA– of the following methods: accordance with 49 U.S.C. 31136(e) and 2015–0340. Their exemptions are • Federal eRulemaking Portal: http:// 31315, the following 53 individuals applicable as of January 29, 2018, and www.regulations.gov. Follow the online have satisfied the renewal conditions for will expire on January 29, 2020. instructions for submitting comments. • obtaining an exemption from the rule In accordance with 49 U.S.C. 31315, Fax: 1–202–493–2251. • prohibiting drivers with ITDM from each exemption will be valid for two Mail: Docket Services; U.S. driving CMVs in interstate commerce years from the effective date unless Department of Transportation, 1200 (78 FR 68139; 79 FR 4807; 80 FR 81415; revoked earlier by FMCSA. The New Jersey Avenue SE, West Building, 80 FR 81667): exemption will be revoked if the Ground Floor, Room W12–140, 20590– Elmer W. Barrall (DE) following occurs: (1) The person fails to 0001. • Earl Bland (MO) comply with the terms and conditions Hand Delivery or Courier: West Kevin Bracken (PA) of the exemption; (2) the exemption has Building, Ground Floor, Room W12– Donald L. Callahan (KY) resulted in a lower level of safety than 140, 1200 New Jersey Avenue SE, Robert A. Collins (NJ) was maintained prior to being granted; Washington, DC, between 9 a.m. and Michael A. Craig (NC) or (3) continuation of the exemption 5 p.m. e.t., Monday through Friday, Roderick E. Dean (NJ) would not be consistent with the goals except Federal holidays. Edward C. DeFrancesco (CT) and objectives of 49 U.S.C. 31136 and Instructions: All submissions must Eugene N. Dirl (PA) 31315. include the Agency name and docket Kevin F. Dykes (MA) number. For detailed instructions on Jonathan Eggers (MN) Issued on: April 18, 2018. submitting comments, see the Public Richard L. Engle (KY) Larry W. Minor, Participation heading below. Note that Christopher J. Frank (NY) Associate Administrator for Policy. all comments received will be posted Matthew E. Fry (KS) [FR Doc. 2018–08920 Filed 4–26–18; 8:45 am] without change to http:// Gilbert N. Fugate (IN) BILLING CODE 4910–EX–P www.regulations.gov, including any
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personal information provided. Please determine and certify driver medical information and results of any CMV see the Privacy Act heading below. fitness must be collected. FMCSA is the driver medical examinations conducted Docket: For access to the docket to Federal government agency authorized during the previous month. MEs are read background documents or to require the collection of this required to maintain records of the CMV comments received, go to http:// information. FMCSA is required by driver medical examinations they www.regulations.gov, and follow the statute to establish standards for the conduct. FMCSA does not require MEs online instructions for accessing the physical qualifications of drivers who to maintain these records electronically. dockets, or go to the street address listed operate CMVs in interstate commerce However, there is nothing to preclude a above. for non-excepted industries [49 U.S.C. ME from maintaining electronic records 31136(a)(3) and 31502(b)]. The Privacy Act: Anyone is able to search of the medical examinations he/she the electronic form of all comments regulations discussing this collection conducts. FMCSA is continuously received into any of our dockets by the are outlined in the Federal Motor evaluating new information technology name of the individual submitting the Carrier Safety Regulations (FMCSRs) at comment (or signing the comment, if 49 CFR 390–399. in an attempt to decrease the burden on submitted on behalf of an association, Below is a brief description of the motor carriers and MEs. Less frequent business, labor union, etc.). You may included IC activities and how the collection of driver data, Medical review DOT’s complete Privacy Act information is used. Examination Report Forms, MCSA– 5875, and MECs would compromise Statement for the Federal Docket Physical Qualification Standards Management System published in the FMCSA’s ability to determine ME Federal Register on January 17, 2008 FMCSRs at 49 CFR 391.41 set forth compliance with FMCSA’s physical (73 FR 3316), or you may visit http:// the physical qualification standards that qualification standards and guidelines edocket.access.gpo.gov/2008/pdfE8- interstate CMV drivers who are subject in performing CMV driver medical 794.pdf. to part 391 must meet, with the examinations, which could result in Public Participation: The Federal exception of commercial driver’s MEs listed on the National Registry of eRulemaking Portal is available 24 license/commercial learner’s permit Certified Medical Examiners who (CDL/CLP) drivers transporting migrant hours each day, 365 days each year. You should be removed and possibly drivers workers (who must meet the physical can obtain electronic submission and that don’t meet the physical qualification standards set forth in 49 retrieval help and guidelines under the qualification standards possessing an ‘‘help’’ section of the Federal CFR 398.3). The FMCSRs covering driver physical qualification records are MEC. Less frequent data collection eRulemaking Portal website. If you want would also result in decreased validity us to notify you that we received your found at 49 CFR 391.43, which specify that a medical examination be of the data (i.e., less frequent data comments, please include a self- submission may increase the error rate addressed, stamped envelope or performed on CMV drivers subject to part 391 who operate in interstate due to unintentional omission of postcard, or print the acknowledgement commerce. The results of the examination information). Therefore, page that appears after submitting examination shall be recorded in less frequent collection of driver comments online. Comments received accordance with the requirements set examination results is not an option. after the comment closing date will be forth in that section. The current included in the docket and will be provisions of 49 CFR 391.51 and 398.3 Resolution of Medical Conflict considered to the extent practicable. require that a motor carrier retain the The medical conflict provision FOR FURTHER INFORMATION CONTACT: Ms. Medical Examiner’s Certificate (MEC), Christine A. Hydock, Chief, Medical provides a mechanism for drivers and Form MCSA–5876, in the driver’s motor carriers to request that FMCSA Programs Division, (202) 366–4001, qualification (DQ) file for 3 years. The make a final decision to resolve [email protected], FMCSA, certificate affirms that the driver is conflicting medical evaluations when Department of Transportation, 1200 physically qualified to drive a CMV in New Jersey Avenue SE, Room W64–224, interstate commerce. either party does not accept the decision Washington, DC 20590–0001. Office Due to potential onset of new of a medical specialist. If two MEs hours are 8:30 a.m. to 5 p.m., e.t., conditions or changes in existing disagree about the medical certification Monday through Friday, except Federal conditions that may adversely affect a of a driver, the requirements set forth in holidays. If you have questions driver’s ability to drive safely and/or 49 CFR 391.47 mandate that the regarding viewing or submitting cause incapacitation that could be a risk applicant (driver or motor carrier) material to the docket, contact Docket to public safety, periodic re-evaluation submit a copy of a report including Services, telephone (202) 366–9826. and recertification is required to assess results of all medical testing and the SUPPLEMENTARY INFORMATION: driver physical qualification. MECs may opinion of an impartial medical Background: CMVs (trucks and buses) be issued for up to 2 years after the date specialist in the field in which the are longer, heavier, and more difficult to of examination. However, drivers with medical conflict arose. The applicant maneuver than automobiles, making certain medical conditions must be may, if they choose to do so, submit the them a threat to highway safety if not certified more frequently than every 2 information above using fax and/or operated properly by qualified years. Medical Examiners (MEs) have email. FMCSA uses the information individuals. The public interest in, and discretion to certify for shorter time collected from the applicant, including right to have, safe highways requires the periods on a case-by-case basis for medical information, to determine if the assurance that drivers of CMVs can medical conditions that require closer driver should or should not be qualified. safely perform the increased physical monitoring or that are more likely to Without this provision and its and mental demands of their duties. change over time. In addition, the Safe, incumbent driver medical information FMCSA’s medical standards provide Accountable, Flexible, Efficient collection requirements, an unqualified this assurance by requiring drivers to be Transportation Act: A Legacy for Users person may be permitted to drive and examined and medically certified as requires MEs to transmit to FMCSA’s qualified persons may be prevented physically and mentally qualified to Chief Medical Officer, electronically drive. Therefore, information used to and on a monthly basis, driver from driving.
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Medical Exemptions and Skills in order to register on the National transmit electronically to the SDLAs the Performance Evaluation (SPE) Registry website to begin the medical variance information for all Certificates certification process. This data is used CMV drivers; and (3) SDLAs to post the FMCSA may, on a case by case basis, to provide the public with contact driver identification, examination grant a medical exemption from a information for those medical results, and restriction information physical qualification standard set forth professionals who are certified by received electronically from FMCSA. in 49 CFR 391.41, if the Agency FMCSA to conduct interstate CMV However, as the Medical Examiner’s determines the exemption is in the driver medical examinations. Less Certification Integration final rule interest of the public and would likely frequent collection of ME candidate test compliance date of June 22, 2018, draws achieve a level of safety that is results and identity and eligibility nearer, FMCSA has reluctantly information means that there are less equivalent to, or greater than, the level concluded that it will not be able to healthcare professionals attempting to that would be achieved by complying electronically transmit MEC information become certified which would result in with the regulation. Individuals with from the National Registry to the SDLAs fewer certified MEs being available to limb impairments are permitted to nor will the SDLAs be able to the CMV driver and motor carrier operate a CMV, but only when they are electronically receive the MEC population. This could place a huge otherwise qualified and are granted a information from the National Registry burden on drivers and motor carriers to Skills Performance Evaluation (SPE) for posting to the CDLIS driver record as find certified MEs to perform their certificate by FMCSA. Title 49 CFR intended by the Medical Examiner’s medical examinations. Therefore, less 381.310 establishes the procedures that Certification Integration final rule. Due frequent collection of ME candidate test to a number of delays including an persons must follow to request results and identity and eligibility exemptions from FMCSA safety incident that occurred in early information is not an option. MEs must December 2017 causing the Agency to regulations. Without an exemption, provide specific driver medical individuals who do not meet the take the National Registry offline examination information for every leading to interruptions in the requirements in 49 CFR 391.41 would driver they examine on medical forms not be qualified to operate a CMV in development of the process for the required by FMCSA and into the electronic transmission of MEC interstate commerce. The application National Registry. Drivers must provide information and medical variances, the process for all exemptions currently identification and health history final specifications for the electronic provides for electronic collection of the information on medical forms required transmission of MEC information have application information by FMCSA for by FMCSA. The purpose for providing not been completed. Under these those applicants that choose to do so. this information is to enable the ME to circumstances, neither the Agency nor They are able to fax or scan and email determine if the driver is medically the stakeholders would be able to rely documents to FMCSA. In addition, the qualified under 49 CFR 391.41 and to on the CDLIS driver record as official Diabetes and Vision Exemption ensure that there are no disqualifying proof of medical certification unless Programs and the SPE Certificate medical conditions that could adversely MEs continue to issue the original paper Program maintain a database of affect their safe driving ability or cause application information. The Medical incapacitation constituting a risk to the MEC to qualified drivers and drivers Programs Division maintains a database public. If this information was not continue to provide the MEC to the of application information for hearing required, the threat to public safety SDLAs, as is being done presently. All and seizure exemptions. FMCSA must would be immense and unacceptable. of the functions regarding electronic collect medical information about the The National Registry also requires transmission of data that are to be driver’s medical condition in order to motor carriers to verify the national implemented on June 22, 2018, are determine eligibility to receive an registry number of the MEs who certify dependent upon the implementation of exemption or an SPE certificate. The their drivers and place a note in the DQ information technology infrastructure Agency requires all exemptions be file. Less frequent verification of the that will not be available on June 22, renewed every 2 years to ensure that the national registry numbers by motor 2018. For this reason, FMCSA granting of the exemption does not carriers would mean drivers may not anticipates extending the compliance diminish safety under 49 CFR 381.310. have been examined by a certified ME date to June 22, 2021, to ensure that the Exemption holders are required to listed on the National Registry and they SDLAs have sufficient time once the submit annual medical information for may no longer meet the physical final specifications are released to make review to ensure the driver continues to qualifications standards of the FMCSRs the necessary information technology meet the physical qualification even though they were previously programming changes. However, requirements. In the interest of highway certified as physically qualified. beginning on June 2, 2018, certified MEs safety, the medical examination, As a follow-on rule to the National will still be required to report results of exemption, and SPE renewal should not Registry, the Medical Examiner’s all completed CMV drivers’ medical be performed less frequently. Certification Integration final rule, (80 examinations (including the results of FR 22790), modified several of the examinations where the driver was The National Registry of Certified requirements adopted in the National found not to be qualified) to FMCSA by Medical Examiners (National Registry) Registry final rule, some of which have midnight (local time) of the next The National Registry requires MEs a scheduled compliance date of June 22, calendar day following the examination that conduct physical qualification 2018. Specifically, it requires (1) but must continue issuing the original examinations for interstate CMV drivers FMCSA to electronically transmit from paper MEC to qualified drivers. All to complete training concerning FMCSA the National Registry to the State CMV drivers will continue to provide physical qualification standards, pass a Driver’s Licensing Agencies (SDLAs) the the SDLA with their MEC as proof of certification test, and maintain driver identification information, medical certification. As a result of this competence through periodic training examination results, and restriction anticipated extension, there are no and testing, all of which require information from examinations additional annual burden hours or costs information collection. ME candidates performed for holders of CLPs/CDLs to respondents imposed by the Medical submit demographic and eligibility data (interstate and intrastate); (2) FMCSA to Examiner’s Certification Integration
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final rule during the first 6 years of DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can implementation of the final rule. be reviewed at http://www.dot.gov/ Therefore, all the IC activities imposed Federal Motor Carrier Safety privacy. on the MEs, drivers, and motor carriers Administration II. Background over the first 6 years of implementing [Docket No. FMCSA–2009–0294; FMCSA– the Medical Examiner’s Certification 2011–0326; FMCSA–2011–0327; FMCSA– On February 14, 2018, FMCSA Integration final rule will remain 2011–0367; FMCSA–2013–0192; FMCSA– published a notice announcing its unchanged. 2015–0340; FMCSA–2015–0341] decision to renew exemptions for 53 Title: Medical Qualification individuals from the insulin-treated Requirements. Qualification of Drivers; Exemption diabetes mellitus prohibition in 49 CFR OMB Control Number: 2126–0006. Applications; Diabetes 391.41(b)(3) to operate a CMV in Type of Request: Revision and interstate commerce and requested AGENCY: Federal Motor Carrier Safety renewal of a current approved comments from the public (83 FR 6722). Administration (FMCSA), DOT. information collection Respondents: The public comment period ended on Commercial motor vehicle drivers, ACTION: Notice of final disposition. March 16, 2018, and no comments were motor carriers, medical examiners, SUMMARY: FMCSA announces its received. testing centers. decision to renew exemptions for 53 As stated in the previous notice, Estimated Number of Respondents: individuals from its prohibition in the FMCSA has evaluated the eligibility of 65,503,280. Federal Motor Carrier Safety these applicants and determined that Expiration Date: August 31, 2018. Regulations (FMCSRs) against persons renewing these exemptions would Estimated Total Annual Burden: with insulin-treated diabetes mellitus achieve a level of safety equivalent to or 2,395,315 hours. greater than the level that would be This information collection is (ITDM) from operating commercial motor vehicles (CMVs) in interstate achieved by complying with the current comprised of the following five regulation 49 CFR 391.41(b)(3). information collection activities: commerce. The exemptions enable these individuals with ITDM to continue to The physical qualification standard Physical Qualification Standards operate CMVs in interstate commerce. for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person DATES: Each group of renewed 1,892,700 annual burden hours is physically qualified to drive a CMV exemptions were applicable on the 4,813,510 annual respondents if that person has no established dates stated in the discussions below medical history or clinical diagnosis of Resolution of Medical Conflict and will expire on the dates stated in diabetes mellitus currently requiring 11 annual burden hours the discussions below. insulin for control. 3 annual respondents FOR FURTHER INFORMATION CONTACT: Ms. Medical Exemptions Christine A. Hydock, Chief, Medical III. Discussion of Comments Programs Division, 202–366–4001, 4,430 annual burden hours FMCSA received no comments in this [email protected], FMCSA, preceding. 7,332 annual respondents Department of Transportation, 1200 SPE Certificate Program New Jersey Avenue SE, Room W64–224, IV. Conclusion 2,714 annual burden hours Washington, DC 20590–0001. Office Based upon its evaluation of the 53 2,426 annual respondents hours are from 8:30 a.m. to 5:30 p.m., renewal exemption applications and e.t., Monday through Friday, except comments received, FMCSA confirms National Registry of Certified Medical Federal holidays. If you have questions its’ decision to exempt the following Examiners regarding viewing or submitting drivers from the rule prohibiting drivers 495,460 annual burden hours material to the docket, contact Docket with ITDM from driving CMVs in 680,009 annual respondents Services, telephone (202) 366–9826. interstate commerce in 49 CFR Public Comments Invited: You are SUPPLEMENTARY INFORMATION: 391.41(b)(3): In accordance with 49 U.S.C. 31136(e) asked to comment on any aspect of this I. Electronic Access information collection, including: (1) and 31315, the following groups of Whether the proposed collection is You may see all the comments online drivers received renewed exemptions in necessary for the performance of through the Federal Document the month of February and are FMCSA’s functions; (2) the accuracy of Management System (FDMS) at: http:// discussed below: the estimated burden; (3) ways for www.regulations.gov. As of February 1, 2018, and in FMCSA to enhance the quality, Docket: For access to the docket to accordance with 49 U.S.C. 31136(e) and usefulness, and clarity of the collected read background documents or 31315, the following three individuals information; and (4) ways that the comments, go to http// have satisfied the renewal conditions for burden could be minimized without www.regulations.gov and/or Room obtaining an exemption from the rule reducing the quality of the collected W12–140 on the ground level of the prohibiting drivers with ITDM from information. The agency will summarize West Building, 1200 New Jersey driving CMVs in interstate commerce or include your comments in the request Avenue, SE, Washington, DC, between 9 (80 FR 81415; 81 FR 45213): Douglas E. for OMB’s clearance of this information a.m. and 5 p.m., e.t., Monday through Hensley, (MO); John K. Moorhead, (KY); collection. Friday, except Federal holidays. Hugh S. Wacker, (IL). Privacy Act: In accordance with 5 The drivers were included in docket Issued under the authority of 49 CFR 1.87 U.S.C. 553(c), DOT solicits comments number FMCSA–2015–0340. Their on: April 20, 2018. from the public to better inform its exemptions are applicable as of Kelly Regal, rulemaking process. DOT posts these February 1, 2018, and will expire on Associate Administrator for Office of comments, without edit, including any February 1, 2020. Research and Information Technology. personal information the commenter As of February 6, 2018, and in [FR Doc. 2018–08919 Filed 4–26–18; 8:45 am] provides, to http://www.regulations.gov, accordance with 49 U.S.C. 31136(e) and BILLING CODE 4910–EX–P as described in the system of records 31315, the following six individuals
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have satisfied the renewal conditions for Kevin M. Kemp (NJ) and objectives of 49 U.S.C. 31136 and obtaining an exemption from the rule Carlos A. Montano (NY) 31315. prohibiting drivers with ITDM from Michael J. Payne (MD) Issued on: April 23, 2018. Christopher M. Seals (MS) driving CMVs in interstate commerce Larry W. Minor, (76 FR 79756; 77 FR 5873; 81 FR 1281): Robert Sienkiewicz (MI) Associate Administrator for Policy. Howard A. Betz (OH) Craig A. Sines (OR) [FR Doc. 2018–08916 Filed 4–26–18; 8:45 am] Kevin J. Coppens (ME) Joel K. Spencer (AL) Frank H. Ford, Jr. (PA) Kendall W. Unruh (MO) BILLING CODE 4910–EX–P Daniel R. Harris (TX) Daniel R. Vilart (WA) Logan D. Yoder (IN) Joseph L. Owings (AL) DEPARTMENT OF TRANSPORTATION Jerry H. Small (NC) The drivers were included in docket The drivers were included in docket number FMCSA–2015–0341. Their Federal Motor Carrier Safety number FMCSA–2011–0326. Their exemptions are applicable as of Administration exemptions are applicable as of February 17, 2018, and will expire on [Docket No. FMCSA–2018–0010] February 6, 2018, and will expire on February 17, 2020. February 6, 2020. As of February 22, 2018, and in accordance with 49 U.S.C. 31136(e) and Qualification of Drivers; Exemption As of February 10, 2018, and in Applications; Vision accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals 31315, the following two individuals have satisfied the renewal conditions for AGENCY: Federal Motor Carrier Safety have satisfied the renewal conditions for obtaining an exemption from the rule Administration (FMCSA), DOT. prohibiting drivers with ITDM from obtaining an exemption from the rule ACTION: Notice of applications for prohibiting drivers with ITDM from driving CMVs in interstate commerce exemption; request for comments. driving CMVs in interstate commerce (77 FR 533; 77 FR 10607; 81 FR 1281): (76 FR 78720; 77 FR 7232; 81 FR 1281): Garry L. Camden (IN) SUMMARY: FMCSA announces receipt of Kenneth J. Hill, (OH); Frank E. Ray, Loren A. Cox (NY) applications from 14 individuals for an (KS). Daryl F. Gilbertson (WI) exemption from the vision requirement The drivers were included in docket Alfred Gutierrez, II (OK) in the Federal Motor Carrier Safety number FMCSA–2011–0327. Their Matthew D. Hulse (KS) Regulations (FMCSRs) to operate a exemptions are applicable as of Neil Karvonen (WA) commercial motor vehicle (CMV) in February 10, 2018, and will expire on Earl T. Morton, Jr. (VA) interstate commerce. If granted, the February 10, 2020. Richard A. Norstebon (ND) exemptions will enable these As of February 12, 2018, and in Donald J. Olbinski (IL) individuals to operate CMVs in accordance with 49 U.S.C. 31136(e) and Kevin E. Risley (IN) interstate commerce without meeting 31315, Guy B. Mayes (WA) has satisfied The drivers were included in docket the vision requirement in one eye. the renewal conditions for obtaining an number FMCSA–2011–0367. Their DATES: Comments must be received on exemption from the rule prohibiting exemptions are applicable as of or before May 29, 2018. drivers with ITDM from driving CMVs February 22, 2018, and will expire on ADDRESSES: You may submit comments in interstate commerce (78 FR 78479; 79 February 22, 2020. bearing the Federal Docket Management FR 13086; 81 FR 1281). As of February 24, 2018, and in System (FDMS) Docket No. FMCSA– This driver was included in docket accordance with 49 U.S.C. 31136(e) and 2018–0010 using any of the following number FMCSA–2013–0192. The 31315, the following five individuals methods: exemption is applicable as of February have satisfied the renewal conditions for • Federal eRulemaking Portal: Go to 12, 2018, and will expire on February obtaining an exemption from the rule http://www.regulations.gov. Follow the 12, 2020. prohibiting drivers with ITDM from online instructions for submitting As of February 17, 2018, and in driving CMVs in interstate commerce comments. accordance with 49 U.S.C. 31136(e) and (74 FR 68092; 75 FR 8182; 81 FR 1281): • Mail: Docket Management Facility; 31315, the following 26 individuals Daniel C. Druffel (WA) U.S. Department of Transportation, 1200 have satisfied the renewal conditions for Gregory J. Godley (WA) New Jersey Avenue SE, West Building obtaining an exemption from the rule Justin R. Henneinke (CA) Ground Floor, Room W12–140, prohibiting drivers with ITDM from Richard L. Sulzberger (IL) Washington, DC 20590–0001. driving CMVs in interstate commerce Dirk Vanstralen (CA) • Hand Delivery: West Building (81 FR 1987; 81 FR 36378): The drivers were included in docket Ground Floor, Room W12–140, 1200 Kevin D. Aaron (PA) number FMCSA–2009–0294. Their New Jersey Avenue SE, Washington, Juan Acevedo (FL) exemptions are applicable as of DC, between 9 a.m. and 5 p.m., e.t., Eugene O. Carr, Jr. (DE) February 24, 2018, and will expire on Monday through Friday, except Federal Tracy R. Clark (KY) February 24, 2020. Holidays. Jerry L. Coward (NC) In accordance with 49 U.S.C. 31315, • Fax: 1–202–493–2251. Wesley N. Cubby (NJ) each exemption will be valid for two Instructions: Each submission must Michael G. Deschenes (MN) years from the effective date unless include the Agency name and the James C. Detwiler (PA) revoked earlier by FMCSA. The docket number(s) for this notice. Note Jay E. Diller (PA) exemption will be revoked if the that all comments received will be Jose N. Escobar (MD) following occurs: (1) The person fails to posted without change to http:// Frank J. Gogno (PA) comply with the terms and conditions www.regulations.gov, including any Michael D. Hashem (MA) of the exemption; (2) the exemption has personal information provided. Please George W. Hauck (LA) resulted in a lower level of safety than see the Privacy Act heading below for Aseneka K. Igambi (TX) was maintained prior to being granted; further information. Hayward G. Jinright (AL) or (3) continuation of the exemption Docket: For access to the docket to James S. Kauffman (PA) would not be consistent with the goals read background documents or
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comments, go to http:// that person has distant visual acuity of deficiency and will continue to operate www.regulations.gov at any time or at least 20/40 (Snellen) in each eye safely. Room W12–140 on the ground level of without corrective lenses or visual The first major research correlating the West Building, 1200 New Jersey acuity separately corrected to 20/40 past and future performance was done Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective in England by Greenwood and Yule in a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at 1920. Subsequent studies, building on Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with that model, concluded that crash rates FDMS is available 24 hours each day, or without corrective lenses, field of for the same individual exposed to 365 days each year. If you want vision of at least 70° in the horizontal certain risks for two different time acknowledgment that we received your Meridian in each eye, and the ability to periods vary only slightly (See Bates comments, please include a self- recognize the colors of traffic signals and Neyman, University of California addressed, stamped envelope or and devices showing standard red, Publications in Statistics, April 1952). postcard or print the acknowledgement green, and amber. Other studies demonstrated theories of page that appears after submitting In July 1992, the Agency first predicting crash proneness from crash comments online. published the criteria for the Vision history coupled with other factors. Privacy Act: In accordance with 5 Waiver Program, which listed the These factors—such as age, sex, U.S.C. 553(c), DOT solicits comments conditions and reporting standards that geographic location, mileage driven and from the public to better inform its CMV drivers approved for participation conviction history—are used every day rulemaking process. DOT posts these would need to meet (Qualification of by insurance companies and motor comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458, vehicle bureaus to predict the personal information the commenter July 16, 1992). The current Vision probability of an individual provides, to http://www.regulations.gov, Exemption Program was established in experiencing future crashes (See Weber, as described in the system of records 1998, following the enactment of Donald C., ‘‘Accident Rate Potential: An notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing Application of Multiple Regression be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the Analysis of a Poisson Process,’’ Journal privacy. Transportation Equity Act for the 21st of American Statistical Association, FOR FURTHER INFORMATION CONTACT: Ms. Century (TEA–21), Public Law 105–178, June 1971). A 1964 California Driver Christine A. Hydock, Chief, Medical 112 Stat. 107, 401 (June 9, 1998). Vision Record Study prepared by the California Programs Division, (202) 366–4001, exemptions are considered under the Department of Motor Vehicles [email protected], FMCSA, procedures established in 49 CFR part concluded that the best overall crash Department of Transportation, 1200 381 subpart C, on a case-by-case basis predictor for both concurrent and New Jersey Avenue SE, Room W64–224, upon application by CMV drivers who nonconcurrent events is the number of Washington, DC 20590–0001. Office do not meet the vision standards of 49 single convictions. This study used hours are 8:30 a.m. to 5 p.m., e.t., CFR 391.41(b)(10). three consecutive years of data, Monday through Friday, except Federal To qualify for an exemption from the comparing the experiences of drivers in holidays. If you have questions vision requirement, FMCSA requires a the first two years with their regarding viewing or submitting person to present verifiable evidence experiences in the final year. material to the docket, contact Docket that he/she has driven a commercial II. Qualifications of Applicants Services, telephone (202) 366–9826. vehicle safely with the vision deficiency Zachary A. Abbotts SUPPLEMENTARY INFORMATION: for the past three years. Recent driving performance is especially important in Mr. Abbotts, 24, has complete loss of I. Background evaluating future safety, according to vision in his left eye due to a traumatic Under 49 U.S.C. 31136(e) and 31315, several research studies designed to incident in childhood. The visual acuity FMCSA may grant an exemption from correlate past and future driving in his right eye is 20/15, and in his left the FMCSRs for a five-year period if it performance. Results of these studies eye, no light perception. Following an finds ‘‘such exemption would likely support the principle that the best examination in 2017, his optometrist achieve a level of safety that is predictor of future performance by a stated, ‘‘In my opinion, I see absolutely equivalent to or greater than the level driver is his/her past record of crashes no reason why Zachary’s visual that would be achieved absent such and traffic violations. Copies of the condition would impair his ability to exemption.’’ The statute also allows the studies may be found at Docket Number operate a commercial vehicle in any Agency to renew exemptions at the end FMCSA–1998–3637. way.’’ Mr. Abbotts reported that he has of the five-year period. FMCSA grants FMCSA believes it can properly apply driven straight trucks for five years, exemptions from the FMCSRs for a two- the principle to monocular drivers, accumulating 3,900 miles. He holds an year period to align with the maximum because data from the Federal Highway operator’s license from Connecticut. His duration of a driver’s medical Administration’s (FHWA) former waiver driving record for the last three years certification. study program clearly demonstrated the shows no crashes and no convictions for The 14 individuals listed in this driving performance of experienced moving violations in a CMV. notice have requested an exemption monocular drivers in the program is from the vision requirement in 49 CFR better than that of all CMV drivers Joseph J. Amatulli 391.41(b)(10). Accordingly, the Agency collectively (See 61 FR 13338, 13345, Mr. Amatulli, 59, has had amblyopia will evaluate the qualifications of each March 26, 1996). The fact that in his left eye since birth. The visual applicant to determine whether granting experienced monocular drivers acuity in his right eye is 20/25, and in an exemption will achieve the required demonstrated safe driving records in the his left eye, 20/60. Following an level of safety mandated by statute. waiver program supports a conclusion examination in 2017, his The physical qualification standard that other monocular drivers, meeting ophthalmologist stated, ‘‘I am a board- for drivers regarding vision found in 49 the same qualifying conditions as those certified ophthalmologist in New York CFR 391.41(b)(10) states that a person is required by the waiver program, are also State (Lic. #241224) and certify that in physically qualified to drive a CMV if likely to have adapted to their vision my medical opinion, he has sufficient
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vision to perform the driving tasks crashes and no convictions for moving accumulating 65,000 miles. He holds a required to operate a commercial violations in a CMV. Class CA CDL from Michigan. His vehicle.’’ Mr. Amatulli reported that he driving record for the last three years David M. Clark, Jr. has driven straight trucks for 15 years, shows no crashes and no convictions for accumulating 7,500 miles, and tractor- Mr. Clark, 66, has had optic atrophy moving violations in a CMV. trailer combinations for 11 years, in his right eye since birth. The visual James V. Latess, Jr. accumulating 3,850 miles. He holds a acuity in his right eye is counting Class A CDL from New York. His fingers, and in his left eye, 20/15. Mr. Latess, 61, has had amblyopia in driving record for the last three years Following an examination in 2017, his his left eye since childhood. The visual shows no crashes and no convictions for optometrist stated, ‘‘Patient has acuity in his right eye is 20/30, and in moving violations in a CMV. sufficient vision to operate a his left eye, 20/150. Following an commercial vehicle.’’ Mr. Clark reported examination in 2018, his optometrist Clarton D. Avis that he has driven straight trucks for 49 stated, ‘‘He has sufficient vision for all Mr. Davis, 59, has a prosthetic right years, accumulating 49,000 miles and driving tasks required to operate a eye due to a traumatic incident in 1988. tractor-trailer combinations for 47 years, commercial vehicle.’’ Mr. Latess The visual acuity in his right eye is no accumulating 2.35 million miles. He reported that he has driven straight light perception, and in his left eye, 20/ holds a Class A CDL from Maryland. His trucks for 27 years, accumulating 20. Following an examination in 2018, driving record for the last three years 135,000 miles. He holds a Class B CDL his ophthalmologist stated, ‘‘In my shows no crashes and no convictions for from Pennsylvania. His driving record opinion, Mr. Avis’ vision is sufficient to moving violations in a CMV. for the last three years shows no crashes perform the task of driving required to and no convictions for moving Dorothy J. Crum operate a commercial vehicle.’’ Mr. violations in a CMV. Davis reported that he has driven Ms. Crum, 54, has had a macular scar straight trucks for 38 years, in her left eye due to histoplasmosis in Igor L. Litvak accumulating 2.5 million miles, and childhood. The visual acuity in her right Mr. Litvak, 32, has complete loss of tractor-trailer combinations for 38 years, eye is 20/15, and in her left eye, 20/100. vision in his right eye due to a traumatic accumulating 364,000 miles. He holds a Following an examination in 2018, her incident in 2002. The visual acuity in Class A CDL from Kentucky. His driving optometrist stated, ‘‘Thus I believe that his right eye is no light perception, and record for the last three years shows no she has adequate vision for performing in his left eye, 20/25. Following an crashes and no convictions for moving the essential duties for driving a examination in 2017, his violations in a CMV. commercial vehicle.’’ Ms. Crum ophthalmologist stated, ‘‘In my medical reported that she has driven tractor- opinion, Mr. Litvak has sufficient vision Jimmy L. Burgi trailer combinations for six years, in his normal left eye to perform driving Mr. Burgi, 57, has a corneal scar in his accumulating 780,000 miles. She holds tasks required to operate a commercial left eye due to a traumatic incident in a Class A CDL from Ohio. Her driving vehicle.’’ Mr. Litvak reported that he has 2004. The visual acuity in his right eye record for the last three years shows no driven straight trucks for seven years, is 20/20, and in his left eye, light crashes and no convictions for moving accumulating 350,000 miles, and perception. Following an examination violations in a CMV. tractor-trailer combinations for six in 2018, his optometrist stated, ‘‘My years, accumulating 480,000 miles. He Tammy J. Duval medical opinion is that the patient does holds an operator’s license from have sufficient vision to perform the Ms. Duval, 52, has had keratoconus in Maryland. His driving record for the last driving tasks required to operate a her left eye since childhood. The visual three years shows no crashes and no commercial vehicle do [sic] to the fact acuity in her right eye is 20/20, and in convictions for moving violations in a that the patient has been driving a her left eye, 20/200. Following an CMV. commercial vehicle for the last several examination in 2018, her optometrist years and his vision is stable.’’ Mr. Burgi stated, ‘‘In my medical opinion, Ms. John A. Thomas, Jr. reported that he has driven tractor- Duval has sufficient vision to perform Mr. Thomas, 58, has had amblyopia in trailer combinations for four years, the driving tasks required to operate a his right eye since birth. The visual accumulating 130,000 miles. He holds a commercial vehicle.’’ Ms. Duval acuity in his right eye is count fingers, Class A CDL from Texas. His driving reported that she has driven buses for 25 and in his left eye, 20/20. Following an record for the last three years shows no years, accumulating 286,650 miles. She examination in 2018, his optometrist crashes and no convictions for moving holds a Class B CDL from New stated, ‘‘John Thomas has sufficient violations in a CMV. Hampshire. Her driving record for the vision to perform the driving task last three years shows no crashes and no required to operate a commercial Gordon C. Canfield convictions for moving violations in a vehicle.’’ Mr. Thomas reported that he Mr. Canfield, 67, has had amblyopia CMV. has driven straight trucks for 40 years, in his left eye since childhood. The accumulating one million miles and Brian K. LaJoie visual acuity in his right eye is 20/20, tractor-trailer combinations for 37 years, and in his left eye, 20/50. Following an Mr. LaJoie, 47, has aphakia in his left accumulating 3.7 million miles. He examination in 2018, his optometrist eye due to a traumatic incident in holds a Class A CDL from North stated, ‘‘It is my opinion that Mr. childhood. The visual acuity in his right Carolina. His driving record for the last Canfield has sufficient vision to perform eye is 20/20, and in his left eye, 20/400. three years shows no crashes and no the driving tasks required to operate a Following an examination in 2017, his convictions for moving violations in a commercial vehicle.’’ Mr. Canfield optometrist stated, ‘‘Certifies that in my CMV. reported that he has driven tractor- medical opinion, patient has sufficient trailer combinations for 25 years, vision to perform the driving tasks to Jerry L. Womble accumulating 60,000 miles. He holds a operate commercial vehicle: Yes’’ Mr. Mr. Womble, 69, has an enucleated Class A CDL from Michigan. His driving LaJoie reported that he has driven left eye due to a traumatic incident in record for the last three years shows no straight trucks for 23 years, childhood. The visual acuity in his right
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eye is no light perception, and in his left page. On the new page, enter regarding viewing or submitting eye, 20/20. Following an examination in information required including the material to the docket, contact Docket 2017, his optometrist stated, ‘‘In my specific section of this document to Services, telephone (202) 366–9826. opinion, Mr. Womble has sufficient which each comment applies, and SUPPLEMENTARY INFORMATION: vision to perform the driving tasks provide a reason for each suggestion or needed to operate a commercial recommendation. If you submit your I. Electronic Access vehicle.’’ Mr. Womble reported that he comments by mail or hand delivery, You may see all the comments online has driven straight trucks for three submit them in an unbound format, no through the Federal Document years, accumulating 108,000 miles, and larger than 81⁄2 by 11 inches, suitable for Management System (FDMS) at: http:// tractor-trailer combinations for two copying and electronic filing. If you www.regulations.gov. years, accumulating 80,000 miles. He submit comments by mail and would Docket: For access to the docket to holds a Class A CDL from Arkansas. His like to know that they reached the read background documents or driving record for the last three years facility, please enclose a stamped, self- comments, go to http:// shows no crashes and no convictions for addressed postcard or envelope. www.regulations.gov and/or Room moving violations in a CMV. We will consider all comments and W12–140 on the ground level of the West Building, 1200 New Jersey Avenue Kevin Young materials received during the comment period. FMCSA may issue a final SE, Washington, DC, between 9 a.m. and Mr. Young, 37, has keratoconus in his determination at any time after the close 5 p.m., e.t., Monday through Friday, left eye due to a traumatic incident in of the comment period. except Federal holidays. childhood. The visual acuity in his right Privacy Act: In accordance with 5 eye is 20/20, and in his left eye, 20/60. V. Viewing Comments and Documents U.S.C. 553(c), DOT solicits comments Following an examination in 2017, his To view comments, as well as any from the public to better inform its optometrist stated, ‘‘In my medical documents mentioned in this preamble, rulemaking process. DOT posts these opinion, I certify that Kevin M. Young’s go to http://www.regulations.gov and in comments, without edit, including any left eye vision deficiency provides the search box insert the docket number personal information the commenter sufficient vision ability to perform the FMCSA–2018–0010 and click ‘‘Search.’’ provides, to http://www.regulations.gov, driving tasks required to operate a Next, click ‘‘Open Docket Folder’’ and as described in the system of records commercial vehicle in conjunction with you will find all documents and notice (DOT/ALL–14 FDMS), which can his normal right eye for overall vision comments related to this notice. be reviewed at http://www.dot.gov/ performance.’’ Mr. Young reported that Issued on: April 23, 2018. privacy. he has driven straight trucks for ten years, accumulating 5,000 miles, and Larry W. Minor, II. Background tractor-trailer combinations for five Associate Administrator for Policy. FMCSA received applications from 17 years, accumulating 10,000 miles. He [FR Doc. 2018–08915 Filed 4–26–18; 8:45 am] individuals who requested an holds an operator’s license from New BILLING CODE 4910–EX–P exemption from the FMCSRs Jersey. His driving record for the last prohibiting persons with ITDM from three years shows no crashes and no operating a CMV in interstate convictions for moving violations in a DEPARTMENT OF TRANSPORTATION commerce. CMV. FMCSA has evaluated the eligibility Federal Motor Carrier Safety of these applicants and concluded that III. Request for Comments Administration granting these exemptions would not In accordance with 49 U.S.C. 31136(e) [Docket No. FMCSA–2018–0027] provide a level of safety that would be and 31315, FMCSA requests public equivalent to or greater than, the level comment from all interested persons on Qualification of Drivers; Exemption of safety that would be obtained by the exemption petitions described in Applications; Diabetes complying with the regulation 49 CFR this notice. We will consider all 391.41(b)(3). comments and material received before AGENCY: Federal Motor Carrier Safety the close of business on the closing date Administration (FMCSA), DOT. III. Basis for Exemption Determination indicated in the dates section of the ACTION: Notice of denials. Under 49 U.S.C. 31136(e) and 31315, notice. FMCSA may grant an exemption if it SUMMARY: FMCSA announces its finds such an exemption would likely IV. Submitting Comments decision to deny applications from 17 achieve a level of safety that is You may submit your comments and individuals who requested an equivalent to, or greater than, the level material online or by fax, mail, or hand exemption from the Federal Motor that would be achieved absent such an delivery, but please use only one of Carrier Safety Regulations (FMCSRs) exemption. these means. FMCSA recommends that prohibiting persons with insulin-treated The Agency’s decision regarding these you include your name and a mailing diabetes mellitus (ITDM) from operating exemption applications is based on the address, an email address, or a phone a commercial motor vehicle (CMV) in eligibility criteria, the terms and number in the body of your document interstate commerce. conditions for Federal exemptions, and so that FMCSA can contact you if there FOR FURTHER INFORMATION CONTACT: Ms. an individualized assessment of each are questions regarding your Christine A. Hydock, Chief, Medical applicant’s medical information submission. Programs Division, (202) 366–4001, provided by the applicant. To submit your comment online, go to [email protected], FMCSA, http://www.regulations.gov and in the Department of Transportation, 1200 IV. Conclusion search box insert the docket number New Jersey Avenue SE, Room W64–224, The Agency has determined that these FMCSA–2018–0010 and click the search Washington, DC 20590–0001. Office applicants do not satisfy the criteria button. When the new screen appears, hours are from 8:30 a.m. to 5 p.m., e.t., eligibility or meet the terms and click on the blue ‘‘Comment Now!’’ Monday through Friday, except Federal conditions of the Federal exemption and button on the right hand side of the holidays. If you have questions granting these exemptions would not
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provide a level of safety that would be DEPARTMENT OF TRANSPORTATION II. Background equivalent to or greater than, the level On January 16, 2018, FMCSA Federal Motor Carrier Safety of safety that would be obtained by published a notice announcing receipt Administration complying with the regulation 49 CFR of applications from 18 individuals 391.41(b)(3). Therefore, the 17 [Docket No. FMCSA–2017–0026] requesting an exemption from vision applicants in this notice have been requirement in 49 CFR 391.41(b)(10) denied exemptions from the physical Qualification of Drivers; Exemption and requested comments from the qualification standards in 49 CFR Applications; Vision public (83 FR 2311). The public 391.41(b)(3). comment period ended on February 15, Each applicant has, prior to this AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. 2018, and one comment was received. notice, received a letter of final FMCSA has evaluated the eligibility disposition regarding his/her exemption ACTION: Notice of final disposition. of these applicants and determined that request. Those decision letters fully granting the exemptions to these outlined the basis for the denial and SUMMARY: FMCSA announces its decision to exempt 18 individuals from individuals would achieve a level of constitutes final action by the Agency. safety equivalent to or greater than the This notice summarizes the Agency’s the vision requirement in the Federal Motor Carrier Safety Regulations level that would be achieved by recent denials as required under 49 complying with the current regulation U.S.C. 31315(b)(4) by periodically (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). publishing names and reasons for The physical qualification standard denial. commerce. They are unable to meet the vision requirement in one eye for for drivers regarding vision found in 49 The following six applicants have had CFR 391.41(b)(10) states that a person is more than one hypoglycemic episode various reasons. The exemptions enable these individuals to operate CMVs in physically qualified to driver a CMV if requiring hospitalization or the that person has distant visual acuity of assistance of others, or has had one such interstate commerce without meeting the vision requirement in one eye. at least 20/40 (Snellen) in each eye episode but has not had one year of without corrective lenses or visual DATES: stability following the episode: The exemptions were applicable acuity separately corrected to 20/40 Michael W. Boyll (IN) on February 16, 2018. The exemptions (Snellen) or better with corrective expire on February 16, 2020. Robert T. Mitchell (CA) lenses, distant binocular acuity of a least Todd E. Bakner (PA) FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or Donald J. Glass (AR) Christine A. Hydock, Chief, Medical without corrective lenses, field of vision Cameron C. Kenyon (WA) Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian Mark E. Jordan (IN) [email protected], FMCSA, in each eye, and the ability to recognize Department of Transportation, 1200 The following two applicants had the colors of traffic signals and devices New Jersey Avenue SE, Room W64–224, showing red, green, and amber. other medical conditions making the Washington, DC 20590–0001. Office applicant otherwise unqualified under hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments the Federal Motor Carrier Safety Monday through Friday, except Federal FMCSA received one comment in this Regulations: Rodney Purcell (NY); Bruce holidays. If you have questions proceeding. Vanessa Jones commented A. Hammond (GA). regarding viewing or submitting that drivers with a visual deficiency The following seven applicants did material to the docket, contact Docket should have to take a specific driving not have endocrinologists willing to Services, telephone (202) 366–9826. test to demonstrate safe operation with make statements that they are able to SUPPLEMENTARY INFORMATION: the deficiency rather than relying on a operate CMVs from a diabetes review of the driving record to standpoint: I. Electronic Access determine their level of safety. In John W. Ringbloom (PA) You may see all the comments online addition, she indicated that vision Travis L. Reese (MA) through the Federal Document exempted drivers should not be seen by Ronald J. Marchewka (PA) Management System (FDMS) at http:// an optometrist and instead should be Gregory W. Bell (NJ) www.regulations.gov. seen by a specialized eye doctor. David W. DeGraw (NJ) Docket: For access to the docket to FMCSA conducts a thorough review John A. Bright (PA) read background documents or of a 3-year Commercial and Personal Dennis F. Comp (PA) comments, go to http:// Driving record in conjunction with The following applicant, Peter E. www.regulations.gov and/or Room actual driving experience with their Halter (NJ), is unable or has not W12–140 on the ground level of the vision deficiency to determine if an demonstrated willingness to properly West Building, 1200 New Jersey Avenue equivalent or greater level of safety is monitor and manage his diabetes, SE, Washington, DC, between 9 a.m. and likely to be achieved by granting the whether by a personal decision or 5 p.m., e.t., Monday through Friday, exemptions as would be without the medical inability. except Federal holidays. exemptions. Drivers are not granted a The following applicant, Gerald D. Privacy Act: In accordance with 5 Commercial Driver’s License (CDL) by Tower, Jr. (MI), has peripheral U.S.C. 553(c), DOT solicits comments the Federal Government but by their neuropathy or circulatory insufficiency from the public to better inform its State. Each state has specific skill of the extremities likely to interfere with rulemaking process. DOT posts these testing requirements that must be met. the ability to operate a CMV. comments, without edit, including any FMCSA has utilized a Medical Expert personal information the commenter Panel consisting of a team of Medical Issued on: April 23, 2018. provides, to http://www.regulations.gov, Doctors who have extensively Larry W. Minor, as described in the system of records researched and recommended the Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can process that the Agency follows to [FR Doc. 2018–08910 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ qualify these drivers. FMCSA requires BILLING CODE 4910–EX–P privacy. all individuals applying for a vision
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exemption to be evaluated by an their vision disqualified them from have a copy of the exemption when optometrist or ophthalmologist. Both driving in interstate commerce. We driving, for presentation to a duly optometrists and ophthalmologists are believe that the applicants’ intrastate authorized Federal, State, or local medically qualified to evaluate the driving experience and history provide enforcement official. applicant’s eye conditions when an adequate basis for predicting their VI. Preemption applying to the vision exemption ability to drive safely in interstate program. The examination includes commerce. Intrastate driving, like During the period the exemption is in identifying and defining the nature of interstate operations, involves effect, no State shall enforce any law or the vision deficiency, how long the substantial driving on highways on the regulation that conflicts with this deficiency has been present, stability, interstate system and on other roads exemption with respect to a person visual acuity, field of vision, and color built to interstate standards. Moreover, operating under the exemption. vision. driving in congested urban areas VII. Conclusion exposes the driver to more pedestrian IV. Basis for Exemption Determination and vehicular traffic than exists on Based upon its evaluation of the 18 Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to exemption applications, FMCSA FMCSA may grant an exemption from traffic and traffic signals is generally exempts the following drivers from the the vision standard in 49 CFR required because distances between vision requirement, 49 CFR 391.41(b)(10) if the exemption is likely them are more compact. These 391.41(b)(10), subject to the to achieve an equivalent or greater level conditions tax visual capacity and requirements cited above: of safety than would be achieved driver response just as intensely as Michael H. Eheler, II (WI) without the exemption. The exemption interstate driving conditions. Roberto Espinosa (FL) allows applicants to operate CMVs in The applicants in this notice have Lee J. Gaffney (OH) interstate commerce. driven CMVs with their limited vision Mark S. Hale (AL) The Agency’s decision regarding these in careers ranging for 3 to 70 years. In Raymundo Maldonado (TX) Mickey D. McCoy (TN) exemption applications is based on the past three years, one driver was medical reports about the applicants’ Colin D. McGregor (WI) involved in a crash, and two drivers Thomas B. Miller (VA) vision as well as their driving records were convicted of moving violations in Ryan J. Plank (PA) and experience driving with the vision CMVs. All the applicants achieved a Donald J. Poague (GA) deficiency. The qualifications, record of safety while driving with their Jose R. Ponce (TX) experience, and medical condition of vision impairment, demonstrating the Ronald F. Prezzia (IL) each applicant were stated and likelihood that they have adapted their Jorge A. Rodriguez (CA) discussed in detail in the January 16, driving skills to accommodate their Jimmy W. Rowland (FL) 2018, Federal Register notice (83 FR condition. As the applicants’ ample Aaron R. Rupe (IL) 2311) and will not be repeated in this driving histories with their vision Charles L. Sauls (FL) notice. deficiencies are good predictors of Gery M. Shoultz (IN) FMCSA recognizes that some drivers future performance, FMCSA concludes Juan D. Zertuche, Jr. (TX) do not meet the vision requirement but their ability to drive safely can be In accordance with 49 U.S.C. 31136(e) have adapted their driving to projected into the future. and 31315, each exemption will be valid accommodate their limitation and Consequently, FMCSA finds that in for two years from the effective date demonstrated their ability to drive each case exempting these applicants unless revoked earlier by FMCSA. The safely. The 18 exemption applicants from the vision requirement in 49 CFR exemption will be revoked if the listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level following occurs: (1) The person fails to They are unable to meet the vision of safety equal to that existing without comply with the terms and conditions requirement in one eye for various the exemption. of the exemption; (2) the exemption has reasons, including amblyopia, aphakia, resulted in a lower level of safety than cataracts, central scarring, complete loss V. Conditions and Requirements was maintained prior to being granted; of vision, glaucoma, macular scarring, The terms and conditions of the or (3) continuation of the exemption retinal detachment, retinal scarring. In exemption are provided to the would not be consistent with the goals most cases, their eye conditions were applicants in the exemption document and objectives of 49 U.S.C. 31136 and not recently developed. Nine of the and includes the following: (1) Each 31315. applicants were either born with their driver must be physically examined Issued on: April 23, 2018. vision impairments or have had them every year (a) by an ophthalmologist or Larry W. Minor, optometrist who attests that the vision since childhood. The nine individuals Associate Administrator for Policy. that sustained their vision conditions as in the better eye continues to meet the adults have had it for a range of 4 to 26 standard in 49 CFR 391.41(b)(10) and (b) [FR Doc. 2018–08913 Filed 4–26–18; 8:45 am] years. Although each applicant has one by a certified Medical Examiner who BILLING CODE 4910–EX–P eye which does not meet the vision attests that the individual is otherwise requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR DEPARTMENT OF TRANSPORTATION each has at least 20/40 corrected vision 391.41; (2) each driver must provide a in the other eye, and in a doctor’s copy of the ophthalmologist’s or National Highway Traffic Safety opinion, has sufficient vision to perform optometrist’s report to the Medical Administration all the tasks necessary to operate a CMV. Examiner at the time of the annual Doctors’ opinions are supported by medical examination; and (3) each [Docket No. NHTSA–2018–0056] the applicants’ possession of a valid driver must provide a copy of the Request for Information: Improving license to operate a CMV. By meeting annual medical certification to the Prehospital Trauma Care State licensing requirements, the employer for retention in the driver’s applicants demonstrated their ability to qualification file, or keep a copy in his/ AGENCY: National Highway Traffic operate a CMV, with their limited vision her driver’s qualification file if he/she is Safety Administration (NHTSA), in intrastate commerce, even though self-employed. The driver must also Department of Transportation (DOT).
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ACTION: Notice. Service (IHS), HHS Centers for Disease Questions on Improving Prehospital Control and Prevention (CDC), HHS Trauma Care SUMMARY: NHTSA, on behalf of the Health Resources and Services Federal Interagency Committee on Responses to the following questions Administration (HRSA), HHS Centers are requested. Please provide references Emergency Medical Services (FICEMS), for Medicare and Medicaid Services is seeking comments from all sources as appropriate. (CMS), the Department of Homeland 1. What are the current impediments, (public, private, governmental, Security (DHS) Office of Health Affairs academic, professional, public interest and possible solutions, to achieving zero (OHA), DHS U.S. Fire Administration preventable deaths in the following groups, and other interested parties) on (USFA), NHTSA, the Federal improving prehospital trauma care. settings: Communications Commission (FCC) a. Wilderness; The purpose of this notice is to solicit and a State EMS Director appointed by comments on improving prehospital b. Rural; the Secretary of Transportation. c. Suburban; and trauma care, and to request responses to In 2016 the National Academies of d. Urban. specific questions provided below. This Sciences, Engineering, and Medicine 2. What should be the national aim for is neither a request for proposals nor an (NASEM) published a report, A preventable prehospital trauma deaths? invitation for bids. National Trauma Care System: 3. What should be the interim DATES: It is requested that comments on Integrating Military and Civilian national goals to achieve zero this announcement be submitted by July Trauma Systems to Achieve Zero preventable deaths in the prehospital 26, 2018. Preventable Deaths After Injury (2016 setting? ADDRESSES: You may submit comments NASEM Trauma Report), that estimated 4. What are the most promising or [identified by Docket No. NHTSA– as many as 20 percent of the nearly of innovative opportunities to improve 2018–0056] through one of the 200,000 annual trauma deaths in the prehospital trauma care in the following following methods: United States could be prevented. settings: • Federal eRulemaking Portal: http:// On December 2, 2016 the National a. Military; www.regulations.gov. Follow the online Emergency Medical Services Advisory b. Wilderness; instructions for submitting comments. Council (NEMSAC) issued c. Rural; • Mail or Hand Delivery: Docket recommendations to FICEMS in d. Suburban; and Management Facility, U.S. Department response to the NASEM report (https:// e. Urban. of Transportation, 1200 New Jersey www.ems.gov/pdf/nemsac/NEMSAC_ 5. How could the Learning Health Avenue SE, West Building, Room W12– Advisory_MTSPE_Alignment_Trauma_ System model (as described in the 2016 140, Washington, DC 20590, between 9 Care_Report.pdf). NEMSAC NASEM Trauma Report) be applied to a.m. and 5 p.m., Monday through recommended that FICEMS develop an civilian EMS? Friday, except on Federal holidays. integrated Federal strategy to address 6. Are there actions that could be FOR FURTHER INFORMATION CONTACT: both the recommendations of the taken today in the prehospital setting Gamunu Wijetunge, Office of NASEM report and the need to update (such as promising clinical Emergency Medical Services, (202) 493– the Model Trauma Systems Planning interventions) that could dramatically 2793, [email protected], and Evaluation (MTPSE) document improve outcomes for patients who are: located at the United States Department which includes a Benchmarks, a. Suffering from traumatic pain; b. Severely injured in a rural roadway of Transportation; 1200 New Jersey Indicators and Scoring (BIS) tool. crash; Avenue SE, NPD–400, Room W44–232, On December 6, 2017, FICEMS and c. Suffering from penetrating trauma; Washington, DC 20590. Office hours are the Council on Emergency Medical Care d. Subjected to a compromised from 9 a.m. to 5 p.m., Monday through (CEMC) co-hosted a listening session to airway; Friday, except Federal holidays. hear from stakeholders about the e. Suffering from a major hemorrhage; SUPPLEMENTARY INFORMATION: challenges facing prehospital trauma f. Suffering from a pneumothorax; care, especially in rural settings, and Background g. Suffering from blunt force trauma; how to better integrate military and h. Suffering from traumatic brain FICEMS was created (42 U.S.C. 300d– civilian EMS systems. An integrated injury; 4) by the Secretaries of Transportation, national trauma care system would i. Other clinical conditions (please Health and Human Services and allow lessons learned from the explain). Homeland Security to, in part, ensure battlefield to be translated to civilian 7. What EMS evidence based coordination among the Federal EMS and provide opportunities for guidelines could be developed to agencies involved with State, local, improved patient care. improve trauma patient outcomes? tribal or regional emergency medical A national trauma care system, that 8. As an EMS stakeholder what do services and 9–1–1 systems. FICEMS integrates military and civilian you see is the potential role of the has statutory authority to identify State capabilities, is a crucial part of our National EMS Information System and local Emergency Medical Services Nation’s infrastructure and is vital to (NEMSIS) and the EMS Compass (EMS) and 9–1–1 needs, to recommend preserve the health and productivity of performance measures in improving new or expanded programs and to the American people. prehospital trauma care? identify the ways in which Federal The 2016 NASEM report estimates 9. How might active duty, National agencies can streamline their processes that as many as 20% of the nearly Guard, and reserve component military for support of EMS. FICEMS includes 200,000 annual trauma deaths in the resources be used to improve civilian representatives from the Department of United States could be prevented. In its trauma care outcomes in the following Defense (DoD) Office of the Assistant report, the NASEM defined preventable settings: Secretary of Defense Health Affairs, the deaths after injury as those casualties a. Use of military rotary wing assets Department of Health and Human whose lives could have been saved by to support civilian EMS; Services (HHS) Office of the Assistant appropriate and timely medical care, b. Placement of military medics in the Secretary for Preparedness and irrespective of tactical, logistical, or field to support and cross train with Response (ASPR), HHS Indian Health environmental issues. civilian EMS.
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10. What actions can be taken to DEPARTMENT OF TRANSPORTATION make a positive impact throughout the improve public awareness of traumatic country. The FY 2018 BUILD injury as a public health issue? Office of the Secretary of Transportation program will continue to Transportation 11. What actions could be taken to give special consideration to projects located in rural areas. For this round of improve the rapid extrication of motor Notice of Funding Opportunity for the BUILD Transportation Discretionary vehicle crash patients? Department of Transportation’s Grants, the maximum grant award is $25 12. What actions could be taken to National Infrastructure Investments million, and no more than $150 million improve the rapid transport of trauma Under the Consolidated can be awarded to a single State, as patients? Appropriations Act, 2018 specified in the FY 2018 Appropriations 13. What actions could be taken to AGENCY: Office of the Secretary of Act. Each section of this notice contains improve prehospital care for pediatric Transportation, DOT. information and instructions relevant to trauma patients? the application process for these BUILD ACTION: Notice of funding opportunity. Transportation Discretionary Grants, 14. What actions could be taken to SUMMARY: and all applicants should read this improve tribal prehospital trauma care? The Consolidated Appropriations Act, 2018 (Pub. L. 115– notice in its entirety so that they have 15. What research is needed to 141, March 23, 2018) (‘‘FY 2018 the information they need to submit improve prehospital trauma care during Appropriations Act’’ or the ‘‘Act’’) eligible and competitive applications. a mass casualty incident? appropriated $1.5 billion to be awarded Table of Contents by the Department of Transportation 16. What is the potential role of 9–1– A. Program Description 1 in improving prehospital trauma care (‘‘DOT’’ or the ‘‘Department’’) for B. Federal Award Information outcomes? National Infrastructure Investments. C. Eligibility Information This appropriation stems from the 17. What is the potential role of D. Application and Submission Information program funded and implemented E. Application Review Information bystander care, such as Stop the Bleed, pursuant to the American Recovery and F. Federal Award Administration in improving prehospital trauma care Reinvestment Act of 2009 (the Information outcomes? ‘‘Recovery Act’’). This program was G. Federal Awarding Agency Contacts H. Other Information 18. What is the potential role of previously known as the Transportation vehicle telematics in improving Investment Generating Economic A. Program Description prehospital trauma care outcomes? Recovery, or ‘‘TIGER Discretionary The Consolidated Appropriations Act, 19. What is the potential role of Grants,’’ program and is now known as 2018 (Pub. L. 115–141, March 23, 2018) the Better Utilizing Investments to telemedicine in improving prehospital (‘‘FY 2018 Appropriations Act’’ or the Leverage Development, or ‘‘BUILD trauma care outcomes? ‘‘Act’’) appropriated $1.5 billion to be Transportation Discretionary Grants,’’ awarded by the Department of 20. What is the potential role of program. Funds for the FY 2018 BUILD Transportation (‘‘DOT’’ or the community paramedicine, mobile Transportation program are to be ‘‘Department’’) for National integrated healthcare, and other awarded on a competitive basis for Infrastructure Investments. Since this emerging EMS subspecialties in projects that will have a significant local program was first created, $5.6 billion improving prehospital trauma care or regional impact. The purpose of this has been awarded for capital outcomes? Final Notice is to solicit applications for investments in surface transportation 21. How could data-driven and BUILD Transportation Discretionary infrastructure over nine rounds of evidence-based improvements in EMS Grants. competitive grants. Throughout the systems improve prehospital trauma DATES: Applications must be submitted program, these discretionary grant care? by 8:00 p.m. E.D.T. on July 18, 2018. awards have supported projects that have a significant local or regional 22. How could enhanced ADDRESSES: Applications must be submitted through Grants.gov. impact. collaboration among EMS systems, The Department is committed to health care providers, hospitals, public FOR FURTHER INFORMATION CONTACT: For addressing the unmet transportation safety answering points, public health, further information concerning this infrastructure needs of rural areas. Rural insurers, and others improve notice, please contact the BUILD America is home to many of the nation’s prehospital trauma care? Transportation program staff via email most critical transportation 23. What are some opportunities to at [email protected], or call Howard infrastructure assets, including 444,000 Hill at 202–366–0301. A TDD is improve exchange of evidence based bridges, 2.98 million miles of roadways, available for individuals who are deaf or prehospital trauma care practices and 30,500 miles of Interstate highways. hard of hearing at 202–366–3993. In between military and civilian medicine? More than 55 percent of all public road addition, DOT will regularly post miles are locally-owned rural roads. 24. Do you have any additional answers to questions and requests for While only 19 percent of the nation’s comments regarding prehospital trauma clarifications as well as information population lives in rural areas, 49 care? about webinars for further guidance on percent of all traffic fatalities occur on Authority: 44 U.S.C. Section 3506(c)(2)(A). DOT’s website at rural roads (2015). In addition, www.transportation.gov/BUILDgrants. Americans living in rural areas and on Issued in Washington, DC, on April 19, SUPPLEMENTARY INFORMATION: Many of Tribal lands continue to 2018. the selection criteria of BUILD disproportionately lack access to basic Jeff Michael, Transportation grants overlap with broadband service. The Department Associate Administrator, Research and previous rounds of National believes that underinvestment in rural Program Development. Infrastructure Investments discretionary transportation systems has allowed a [FR Doc. 2018–08504 Filed 4–26–18; 8:45 am] grants, though the program is refocused slow and steady decline in the BILLING CODE 4910–59–P on infrastructure investment that will transportation routes that connect rural
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American communities to each other location, for BUILD Transportation 1. Eligible Applicants and to the rest of the county. New Planning grants. Eligible Applicants for BUILD investment is necessary to grow rural 3. Restrictions on Funding Transportation Discretionary Grants are economies, facilitate freight movement, State, local, and tribal governments, improve access to reliable and Pursuant to the FY 2018 including U.S. territories, transit affordable transportation options and Appropriations Act, no more than 10 agencies, port authorities, metropolitan enhance health access and safety for percent of the funds made available for planning organizations (MPOs), and residents. To address these rural BUILD Transportation Discretionary other political subdivisions of State or transportation infrastructure needs, Grants (or $150 million) may be local governments. DOT intends to award a greater share of awarded to projects in a single State. Multiple States or jurisdictions may BUILD Transportation Discretionary The Act also directs that not less than submit a joint application and must Grant funding to projects located in 30 percent of the funds provided for identify a lead applicant as the primary rural areas that align well with the BUILD Transportation Discretionary point of contact, and also identify the selection criteria than to such projects Grants (or $450 million) shall be used primary recipient of the award. Each in urban areas. for projects located in rural areas. applicant in a joint application must be Further, DOT must take measures to B. Federal Award Information an Eligible Applicant. Joint applications ensure an equitable geographic must include a description of the roles 1. Amount Available distribution of grant funds, an and responsibilities of each applicant The FY 2018 Appropriations Act appropriate balance in addressing the and must be signed by each applicant. appropriated $1.5 billion to be awarded needs of urban and rural areas, and 2. Cost Sharing or Matching by DOT for the BUILD Transportation investment in a variety of transportation program. The FY 2018 BUILD modes. Per the FY 2018 Appropriations Act, Transportation Discretionary Grants are 4. Availability of Funds BUILD Transportation Discretionary for capital investments in surface Grants may be used for up to 80 percent transportation infrastructure and are to The FY 2018 Appropriations Act of a project located in an urban area 1 be awarded on a competitive basis for requires that FY 2018 BUILD and the Secretary may increase the projects that will have a significant local Transportation Discretionary Grants Federal share of costs above 80 percent or regional impact. Additionally, the funds are only available for obligation for a project located in a rural area. Act allows for up to $15 million (of the through September 30, 2020. Obligation Urban area and rural area are defined in $1.5 billion) to be awarded as grants for occurs when a selected applicant and Section C.3.ii of this notice. the planning, preparation or design of DOT enter into a written grant For a project located in an urban area, eligible projects. DOT is referring to any agreement after the applicant has the Federal share of the costs for which such awarded projects as BUILD satisfied applicable administrative an expenditure is made under a BUILD Transportation Planning Grants. The FY requirements, including transportation Transportation grant may not exceed 80 2018 Appropriations Act also allows planning and environmental review percent. Non-Federal sources include DOT to retain up to $25 million of the requirements. All FY 2018 BUILD funds State funds originating from programs $1.5 billion for award, oversight and must be expended (the grant obligation funded by State revenue, local funds administration of grants and credit must be liquidated or actually paid out originating from State or local revenue- assistance made under the BUILD to the grantee) by September 30, 2025. funded programs, or private funds. Toll Transportation program. If this After this date, unliquidated funds are credits under 23 U.S.C. 120(i) are solicitation does not result in the award no longer available to the project. As considered a non-Federal source. Unless and obligation of all available funds, part of the review and selection process otherwise authorized by statute, State or DOT may publish additional described in Section E.2., DOT will local cost-share may not be counted as solicitations. consider whether a project is ready to the non-Federal share for both the The FY 2018 Appropriations Act proceed with an obligation of grant BUILD Transportation grant and another allows up to 20 percent of available funds from DOT within the statutory Federal grant program. The Department funds (or $300 million) to be used by time provided. No waiver is possible for will not consider previously-incurred the Department to pay the subsidy and these deadlines. costs or previously-expended or administrative costs for a project 5. Previous TIGER Awards encumbered funds towards the receiving credit assistance under the matching requirement for any project. Transportation Infrastructure Finance Recipients of TIGER Discretionary Matching funds are subject to the same and Innovation Act of 1998 (‘‘TIFIA’’) Grants may apply for funding to support Federal requirements described in program, if that use of the FY 2018 additional phases of a project awarded Section F.2. as awarded funds. BUILD funds would further the funds in the TIGER program. However, 3. Other purposes of the BUILD Transportation to be competitive, the applicant should program. demonstrate the extent to which the i. Eligible Projects previously funded project phase has 2. Award Size been able to meet estimated project Eligible projects for BUILD Transportation Discretionary Grants are The FY 2018 Appropriations Act schedules and budget, as well as the capital projects that include, but are not specifies that BUILD Transportation ability to realize the benefits expected limited to: (1) Highway, bridge, or other Discretionary Grants may not be less for the project. road projects eligible under title 23, than $5 million and not greater than $25 C. Eligibility Information United States Code; (2) public million, except that for projects located transportation projects eligible under in rural areas (as defined in Section To be selected for a BUILD chapter 53 of title 49, United States C.3.ii.) the minimum BUILD Transportation Discretionary Grant, an applicant must be an Eligible Applicant Transportation Discretionary Grant size 1 To meet match requirements, the minimum total is $1 million. There is no statutory and the project must be an Eligible project cost for a project located in an urban area minimum grant size, regardless of Project. must be $6.25 million.
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Code; (3) passenger and freight rail in a rural area the minimum award is $1 the first three received will be transportation projects; (4) port million; and (3) the Secretary may considered. infrastructure investments (including increase the Federal share above 80 v. Program of Projects inland port infrastructure and land ports percent to pay for the costs of a project of entry); and (5) intermodal projects.2 in a rural area. Applicants that demonstrate the The FY 2018 Appropriations Act allows iii. Project Components ability to generate additional non- up to $15 million for the planning, Federal revenue for transportation An application may describe a project preparation or design of projects eligible infrastructure investment as described that contains more than one component, for BUILD Transportation funding. in Section E.1.i.h. of this notice may and may describe components that may Activities eligible for funding under apply for multiple projects, exceeding be carried out by parties other than the BUILD Transportation Planning Grants the three application limit, that applicant. DOT may award funds for a are related to the planning, preparation, collectively constitute a ‘‘program of component, instead of the larger project, or design—including environmental projects’’. A program of projects consists if that component (1) independently analysis, feasibility studies, and other of independent projects that address the meets minimum award amounts pre-construction activities—of surface same transportation challenge and transportation projects. Research, described in Section B and all eligibility requirements described in Section C; (2) whose combined benefits, including demonstration, or pilot projects are funding efficiency, are greater than if eligible only if they will result in long- independently aligns well with the selection criteria specified in Section E; the projects are completed individually. term, permanent surface transportation For a program of projects, applicants infrastructure that has independent and (3) meets National Environmental Policy Act (NEPA) requirements with must submit an application for each utility as defined in Section C.3.iii. project within the program and describe Applicants are strongly encouraged to respect to independent utility. Independent utility means that the how each project constitutes a program. submit applications only for eligible Each project application within a award amounts. component will represent a transportation improvement that is program of projects must meet eligibility ii. Rural/Urban Definition usable and represents a reasonable criteria described in Section C of this notice, demonstrate independent utility, For purposes of this notice, DOT expenditure of DOT funds even if no other improvements are made in the and individually address the merit defines ‘‘rural area’’ as an area outside criteria within this notice. DOT will an Urbanized Area 3 (UA) as designated area, and will be ready for intended use upon completion of that component’s evaluate each application within a by the U.S. Census Bureau. In this program of projects in the same manner notice, an ‘‘urban area’’ is defined as an construction. All project components that are presented together in a single in which it evaluates individual project area inside a UA as designated by the applications. Each project within a 4 application must demonstrate a U.S. Census Bureau. program of projects is subject to the $25 The Department will consider a relationship or connection between million award maximum and total project to be in a rural area if the them. (See Section D.2.iv. for Required awards cannot exceed $150 million per majority of the project (determined by Approvals). State. Only applicants that generate geographic location(s) where the Applicants should be aware that, additional non-Federal revenue as majority of the money is to be spent) is depending upon the relationship described in Section E.1.i.h. may submit located in a rural area. Costs incurred on between project components and applications exceeding the three an Urbanized Area border, including an applicable Federal law, DOT funding of application limit for consideration as a intersection with an Urbanized Area, only some project components may program of projects, and only one will be considered urban for the make other project components subject program of projects may be submitted purposes of the FY 2018 BUILD to Federal requirements as described in by each eligible applicant. Transportation Program. Rural and Section F.2. urban definitions differ in some other DOT strongly encourages applicants D. Application and Submission DOT programs, including TIFIA and the to identify in their applications the Information Nationally Significant Freight and project components that have 1. Address Highway Projects Program (FAST Act independent utility and separately detail costs and requested BUILD § 1105; 23 U.S.C. 117). Applications must be submitted to This definition affects three aspects of Transportation funding for those components. If the application identifies Grants.gov. Instructions for submitting the program. The FY 2018 applications can be found at Appropriations Act directs that (1) not one or more independent project components, the application should www.transportation.gov/BUILDgrants less than $450 million of the funds along with specific instructions for the provided for BUILD Transportation clearly identify how each independent component addresses selection criteria forms and attachments required for Discretionary grants are to be used for submission. projects in rural areas; (2) for a project and produces benefits on its own, in addition to describing how the full 2. Content and Form of Application 2 Please note that the Department may use a proposal of which the independent Submission BUILD Transportation Discretionary Grant to pay component is a part addresses selection for the surface transportation components of a criteria. The application must include the broader project that has non-surface transportation Standard Form 424 (Application for components, and applicants are encouraged to iv. Application Limit Federal Assistance), Standard Form apply for BUILD Transportation Discretionary Grants to pay for the surface transportation Each lead applicant may submit no 424C (Budget Information for components of these projects. more than three applications. Unrelated Construction Programs), cover page, and 3 Updated lists of UAs as defined by the Census project components should not be the Project Narrative. More detailed Bureau are available on the Census Bureau website bundled in a single application for the information about the Project Narrative at http://www2.census.gov/geo/maps/dc10map/ UAUC_RefMap/ua/. purpose of adhering to the limit. If a follows. Applicants should also 4 See www.transportation.gov/BUILDgrants for a lead applicant submits more than three complete and attach to their application list of UAs. applications as the lead applicant, only the ‘‘BUILD 2018 Project Information’’
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form available at www.transportation. The Department recommends that the requirements and assist evaluators in gov/BUILDgrants. project narrative follow the basic outline locating relevant information. below to address the program
I. Project Description ...... See D.2.i. II. Project Location ...... See D.2.ii. III. Grant Funds, Sources and Uses of all Project Funding ...... See D.2.iii. IV. Merit Criteria ...... See D.2.iv.(1). V. Project Readiness ...... See D.2.iv.(2) and E.1.ii.
The project narrative should include i. Project Description and other Federal. If the project contains the information necessary for the The first section of the application individual components, the budget Department to determine that the should provide a concise description of should separate the costs of each project project satisfies project requirements the project, the transportation component. If the project will be described in Sections B and C and to challenges that it is intended to address, completed in phases, the budget should assess the selection criteria specified in and how it will address those separate the costs of each phase. The Section E.1. To the extent practicable, challenges. This section should discuss budget detail should sufficiently applicants should provide supporting the project’s history, including a demonstrate that the project satisfies the data and documentation in a form that description of any previously completed statutory cost-sharing requirements is directly verifiable by the Department. components. The applicant may use this described in Section C.2; The Department may ask any applicant section to place the project into a In addition to the information to supplement data in its application, broader context of other transportation enumerated above, this section should but expects applications to be complete infrastructure investments being provide complete information on how all project funds may be used. For upon submission. pursued by the project sponsor, and, if applicable, how it will benefit example, if a particular source of funds In addition to a detailed statement of communities in rural areas. is available only after a condition is work, detailed project schedule, and satisfied, the application should identify detailed project budget, the project ii. Project Location that condition and describe the narrative should include a table of This section of the application should applicant’s control over whether it is contents, maps and graphics, as describe the project location, including satisfied. Similarly, if a particular appropriate, to make the information a detailed geographical description of source of funds is available for easier to review. The Department the proposed project, a map of the expenditure only during a fixed time recommends that the project narrative project’s location and connections to period, the application should describe be prepared with standard formatting existing transportation infrastructure, that restriction. Complete information preferences (a single-spaced document, and geospatial data describing the about project funds will ensure that the using a standard 12-point font such as project location. If the project is located Department’s expectations for award Times New Roman, with 1-inch within the boundary of a Census- execution align with any funding margins). The project narrative may not designated UA, the application should restrictions unrelated to the Department, exceed 30 pages in length, excluding identify the UA. even if an award differs from the applicant’s request. cover pages and table of contents. The iii. Grant Funds, Sources and Uses of only substantive portions that may Project Funds iv. Criteria exceed the 30-page limit are documents This section of the application should This section of the application should supporting assertions or conclusions demonstrate how the project aligns with made in the 30-page project narrative. If describe the project’s budget. This budget should not include any the Criteria described in Section E.1 of possible, website links to supporting previously incurred expenses. At a this notice. The Department encourages documentation should be provided minimum, it should include: applicants to either address each rather than copies of these supporting (A) Project costs; criterion or expressly state that the materials. If supporting documents are (B) For all funds to be used for eligible project does not address the criterion. submitted, applicants should clearly project costs, the source and amount of Applicants are not required to follow a identify within the project narrative the those funds; specific format, but the outline relevant portion of the project narrative (C) For non-Federal funds to be used suggested below, which addresses each that each supporting document for eligible project costs, documentation criterion separately, promotes a clear supports. At the applicant’s discretion, of funding commitments should be discussion that assists project relevant materials provided previously referenced here and included as an evaluators. To minimize redundant to an operating administration in appendix to the application; information in the application, the support of a different DOT financial (D) For Federal funds to be used for Department encourages applicants to assistance program may be referenced eligible project costs, the amount, cross-reference from this section of their and described as unchanged. The nature, and source of any required non- application to relevant substantive Department recommends using Federal match for those funds; information in other sections of the appropriately descriptive file names (E) A budget showing how each application. The guidance in this (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’ source of funds will be spent. The section is about how the applicant ‘‘Memoranda of Understanding and budget should show how each funding should organize their application. Letters of Support,’’ etc.) for all source will share in each major Guidance describing how the attachments. DOT recommends construction activity, and present that Department will evaluate projects applications include the following data in dollars and percentages. against the Merit Criteria is in Section Funding sources should be grouped into E.1 of this notice. Applicants also sections: three categories: non-Federal; BUILD; should review that section before
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considering how to organize their environmental protection criterion The applicant should also provide application. (described in Section E.1.i.(d) of this sufficient information for evaluators to notice). Applicants are encouraged to confirm that the applicant’s proposal (1) Merit Criteria provide quantitative information, would meet the requirements of the (a) Safety including baseline information that specific experimental authority This section of the application should demonstrates how the project will program.5 describe the anticipated outcomes of the reduce energy consumption, stormwater (iii) Innovative Financing project that support the Safety criterion runoff, or achieve other benefits for the (described in Section E.1.i.(a) of this environment such as brownfield If an applicant plans to incorporate notice). The applicant should include redevelopment. innovative funding or financing, the applicant should describe the funding information on, and to the extent (e) Quality of Life possible, quantify, how the project or financing approach, including a would improve safety outcomes within This section should describe how the description of all activities undertaken the project area or wider transportation project increases transportation choices to pursue private funding or financing network, to include how the project will for individuals, expands access to for the project and the outcomes of reduce the number, rate, and essential services for people in those activities. consequences of transportation-related communities across the United States, (g) Partnership improves connectivity for citizens to accidents, serious injuries, and fatalities This section of the application should among transportation users, or how the jobs, health care, and other critical destinations, particularly for rural include information to assess the project will eliminate unsafe grade partnership criterion (described in crossings or contribute to preventing communities, or otherwise addresses the quality of life criterion (described in Section E.1.i.(g) of this notice) including unintended releases of hazardous a list of all project parties and details materials. Section E.1.i.(e) of this notice). If construction of the transportation about the proposed grant recipient and (b) State of Good Repair project will allow concurrent other public and private parties who are This section of the application should installation of fiber or other broadband involved in delivering the project. This describe how the project will contribute deployment as an essential service, the section should also describe efforts to to a state of good repair by improving applicant should describe those collaborate among stakeholders, the condition or resilience of existing activities and how they support quality including with the private sector. transportation facilities and systems of life. Unless the concurrent activities (h) Non-Federal Revenue for (described in Section E.1.i.(b) of this support transportation, they will not be Transportation Infrastructure notice), including the project’s current eligible for reimbursement. Investment condition and how the proposed project If an applicant generates additional will improve it, and any estimation of (f) Innovation non-Federal revenue (as described in impacts on long-term cost structures or This section of the application should Section E.1.i.(h) of this notice), this impacts on overall life-cycle costs. If the describe innovative strategies used and project will contribute to a state of good the anticipated benefits of using those section should provide evidence of repair of transportation infrastructure strategies, including those newly secured and committed revenue that supports border security, the corresponding to three categories for transportation infrastructure applicant should describe how. (described in Section E.1.i.(f) of this investments and identify the source of notice): (i) Innovative Technologies, (ii) the revenue. If new revenue for (c) Economic Competitiveness Innovative Project Delivery, or (iii) transportation infrastructure This section of the application should Innovative Financing. investments has not already been describe how the project will support secured, the applicant should explain the Economic Competitiveness criterion (i) Innovative Technologies necessary steps to securing revenue and (described in Section E.1.i.(c) of this If an applicant is proposing to adopt provide a timeline of key milestones notice). The applicant should include innovative safety approaches or leading to its commitment. To ensure information about expected impacts of technology, the application should new revenue does not supplant existing the project on the movement of goods demonstrate the applicant’s capacity to sources, applications should provide and people, including how the project implement those innovations, the estimates of future revenue levels absent increases the efficiency of movement applicant’s understanding of whether and, separately, with the new revenue. and thereby reduces costs of doing the innovations will require If applicable, this section should business, improves local and regional extraordinary permitting, approvals, or describe any fiscal or legal constraints freight connectivity to the national and other procedural actions, and the effects that affect the applicant’s ability to global economy, reduces burdens of of those innovations on the project generate non-Federal revenue. commuting, and improves overall well- delivery timeline. (2) Project Readiness being. The applicant should describe the extent to which the project (ii) Innovative Project Delivery This section of the application should contributes to the functioning and If an applicant plans to use innovative include information that, when growth of the economy, including the approaches to project delivery, considered with the project budget extent to which the project addresses applicants should describe those project information presented elsewhere in the congestion or freight connectivity, delivery methods and how they are application, is sufficient for the bridges service gaps in rural areas, or expected to improve the efficiency of Department to evaluate whether the promotes the expansion of private the project development or expedite project is reasonably expected to begin economic development. project delivery. If an applicant is proposing to use 5 SEP–14 information is available at https:// (d) Environmental Protection www.fhwa.dot.gov/programadmin/contracts/sep_ SEP–14 or SEP–15 (as described in a.cfm. SEP–15 information is available at https:// This section of the application should section E.1.i.(f) of this notice) the www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_ describe how the project addresses the applicant should describe that proposal. procedures.aspx.
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construction in a timely manner. To (1) All necessary activities will be indicate the status of such actions, and assist the Department’s project readiness complete to allow BUILD provide detailed information about the assessment, the applicant should Transportation funds to be obligated status of those reviews or approvals and provide the information requested on sufficiently in advance of the statutory should demonstrate compliance with technical feasibility, project schedule, deadline (September 30, 2020 for FY any other applicable Federal, State or project approvals, and project risks, 2018 funds), and that any unexpected local requirements, and when such each of which is described in greater delays will not put the funds at risk of approvals are expected. Applicants detail in the following sections. expiring before they are obligated; should provide a website link or other Applicants are not required to follow (2) the project can begin construction reference to copies of any reviews, the specific format described here, but quickly upon obligation of BUILD approvals, and permits prepared. this organization, which addresses each Transportation funds, and that the grant (c) Environmental studies or other relevant aspect of project readiness, funds will be spent expeditiously once documents, preferably through a promotes a clear discussion that assists construction starts, with all BUILD website link, that describe in detail project evaluators. To minimize Transportation funds expended by known project impacts, and possible redundant information in the September 30, 2025; and mitigation for those impacts. application, the Department encourages (3) all real property and right-of-way (d) A description of discussions with applicants to cross-reference from this acquisition will be completed in a the appropriate DOT operating section of their application to relevant timely manner in accordance with 49 administration field or headquarters substantive information in other CFR part 24, 23 CFR part 710, and other office regarding the project’s compliance sections of the application. applicable legal requirements or a with NEPA and other applicable Federal The guidance here is about what statement that no acquisition is environmental reviews and approvals. information applicants should provide necessary. (e) A description of public and how the applicant should organize engagement about the project that has their application. Guidance describing (c) Required Approvals occurred, including details on the how the Department will evaluate a (1) Environmental Permits and degree to which public comments and project’s readiness is described in Reviews. The application should commitments have been integrated into Section E.1.ii of this notice. Applicants demonstrate receipt (or reasonably project development and design. also should review that section when anticipated receipt) of all environmental (2) State and Local Approvals. The considering how to organize their approvals and permits necessary for the applicant should demonstrate receipt of application. project to proceed to construction on the State and local approvals on which the timeline specified in the project project depends, such as State and local (a) Technical Feasibility schedule and necessary to meet the environmental and planning approvals The applicant should demonstrate the statutory obligation deadline, including and Statewide Transportation technical feasibility of the project with satisfaction of all Federal, State and Improvement Program (STIP) or engineering and design studies and local requirements and completion of (Transportation Improvement Program) activities; the development of design the NEPA process. Specifically, the TIP funding. Additional support from criteria and/or a basis of design; the application should include: relevant State and local officials is not basis for the cost estimate presented in (a) Information about the NEPA status required; however, an applicant should the BUILD application, including the of the project. If the NEPA process is demonstrate that the project has broad identification of contingency levels complete, an applicant should indicate public support. appropriate to its level of design; and the date of completion, and provide a (3) Federal Transportation any scope, schedule, and budget risk- website link or other reference to the Requirements Affecting State and Local mitigation measures. Applicants should final Categorical Exclusion, Finding of Planning. The planning requirements include a detailed statement of work No Significant Impact, Record of applicable to the relevant operating that focuses on the technical and Decision, and any other NEPA administration apply to all BUILD engineering aspects of the project and documents prepared. If the NEPA Transportation projects,7 including describes in detail the project to be process is underway, but not complete, constructed. the application should detail the type of historic resources require review and approval by Federal and State agencies with jurisdiction over (b) Project Schedule NEPA review underway, where the those resources. project is in the process, and indicate 7 The applicant should include a Under 23 U.S.C. 134 and § 135, all projects the anticipated date of completion of all requiring an action by FHWA must be in the detailed project schedule that identifies milestones and of the final NEPA applicable plan and programming documents (e.g., all major project milestones. Examples determination. If the last agency action metropolitan transportation plan, transportation improvement program (TIP) and statewide of such milestones include State and with respect to NEPA documents local planning approvals (programming transportation improvement program (STIP)). occurred more than three years before Further, in air quality non-attainment and on the Statewide Transportation the application date, the applicant maintenance areas, all regionally significant Improvement Program); start and should describe why the project has projects, regardless of the funding source, must be included in the conforming metropolitan completion of NEPA and other Federal been delayed and include a proposed environmental reviews and approvals transportation plan and TIP. Inclusion in the STIP approach for verifying and, if necessary, is required under certain circumstances. To the including permitting; design updating this material in accordance extent a project is required to be on a metropolitan completion; right of way acquisition; with applicable NEPA requirements. transportation plan, TIP, and/or STIP, it will not approval of plans, specifications and receive a BUILD Transportation grant until it is (b) Information on reviews, approvals, included in such plans. Projects not currently estimates; procurement; State and local and permits by other agencies. An included in these plans can be amended by the approvals; project partnership and application should indicate whether the State and MPO. Projects that are not required to be implementation agreements, including proposed project requires reviews or in long range transportation plans, STIPs, and TIPs agreements with railroads; and 6 will not need to be included in such plans in order approval actions by other agencies, to receive a BUILD Transportation grant. Port, construction. The project schedule freight rail, and intermodal projects are not required should be sufficiently detailed to 6 Projects that may impact protected resources to be on the State Rail Plans called for in the demonstrate that: such as wetlands, species habitat, cultural or Passenger Rail Investment and Improvement Act of
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intermodal projects located at airport project and identify how the project Any benefits claimed for the project, facilities.8 Applicants should parties will mitigate those risks. both quantified and unquantified, demonstrate that a project that is To the extent it is unfamiliar with the should be clearly tied to the expected required to be included in the relevant Federal program, the applicant should outcomes of the project. State, metropolitan, and local planning contact the appropriate DOT operating The BCA should include the full costs documents has been or will be included administration field or headquarters of developing, constructing, operating, in such documents. If the project is not offices, as found in contact information and maintaining the proposed project, included in a relevant planning at www.transportation.gov/BUILDgrants, as well as the expected timing or document at the time the application is for information on the pre-requisite schedule for costs in each of these submitted, the applicant should submit steps to obligate Federal funds in order categories. The BCA may also consider a statement from the appropriate to ensure that their project schedule is the present discounted value of any planning agency that actions are reasonable and that there are no risks of remaining service life of the asset at the underway to include the project in the delays in satisfying Federal end of the analysis period. The costs relevant planning document. requirements. and benefits that are compared in the To the extent possible, freight projects BUILD Transportation Planning Grant BCA should also cover the same project should be included in a State Freight applicants should describe their scope. capacity to successfully implement the Plan and supported by a State Freight The BCA should carefully document proposed activities in a timely manner. Advisory Committee (49 U.S.C. 70201, the assumptions and methodology used 70202), if these exist. Applicants should (3) Benefit Cost Analysis to produce the analysis, including a provide links or other documentation description of the baseline, the sources supporting this consideration. This section describes the of data used to project the outcomes of Because projects have different recommended approach for the schedules, the construction start date for completion and submission of a benefit- the project, and the values of key input each BUILD Transportation grant must cost analysis (BCA) as an appendix to parameters. Applicants should provide be specified in the project-specific the Project Narrative. The results of the all relevant files used for their BCA, agreements signed by relevant operating analysis should be summarized in the including any spreadsheet files and administration and the grant recipients, Project Narrative directly, as described technical memos describing the analysis based on critical path items that in Section D.2. (whether created in-house or by a applicants identify in the application Applicants should delineate each of contractor). The spreadsheets and and will be consistent with relevant their project’s expected outcomes in the technical memos should present the State and local plans. form of a complete BCA to enable the calculations in sufficient detail and Department to evaluate the project’s transparency to allow the analysis to be (d) Assessment of Project Risks and cost-effectiveness by estimating a reproduced by DOT evaluators. Detailed Mitigation Strategies benefit-cost ratio and calculating the guidance for estimating some types of Project risks, such as procurement magnitude of net benefits and costs for quantitative benefits and costs, together delays, environmental uncertainties, the project. In support of each project with recommended economic values for increases in real estate acquisition costs, for which an applicant seeks funding, converting them to dollar terms and uncommitted local match, or lack of that applicant should submit a BCA that discounting to their present values, are legislative approval, affect the quantifies the expected benefits of the available in the Department’s guidance likelihood of successful project start and project against a no-build baseline, for conducting BCAs for projects completion. The applicant should provides monetary estimates of the seeking funding under the BUILD identify all material risks to the project benefits’ economic value, and compares Transportation program (see and the strategies that the lead applicant the properly-discounted present values www.transportation.gov/BUILDgrants/ and any project partners have of these benefits to the project’s additional-guidance). undertaken or will undertake in order to estimated costs. 3. Unique Entity Identifier and System mitigate those risks. The applicant The primary economic benefits from for Award Management (SAM) should assess the greatest risks to the projects eligible for BUILD Transportation Grants are likely to Each applicant must: (1) Be registered 2008, or in a State Freight Plan as described in the include savings in travel time costs, in SAM before submitting its FAST Act. However, applicants seeking funding for vehicle operating costs, and safety costs application; (2) provide a valid unique freight projects are encouraged to demonstrate that they have done sufficient planning to ensure that for both existing users of the improved entity identifier in its application; and projects fit into a prioritized list of capital needs facility and new users who may be (3) continue to maintain an active SAM and are consistent with long-range goals. Means of attracted to it as a result of the project. registration with current information at demonstrating this consistency would include Reduced damages from vehicle all times during which it has an active whether the project is in a TIP or a State Freight Plan that conforms to the requirements Section emissions and savings in maintenance Federal award or an application or plan 70202 of Title 49 prior to the start of construction. costs to public agencies may also be under consideration by a Federal Port planning guidelines are available at quantified. Applicants may describe awarding agency. The Department may StrongPorts.gov. other categories of benefits in the BCA not make a BUILD Transportation grant 8 Projects at grant obligated airports must be compatible with the FAA-approved Airport Layout that are more difficult to quantify and to an applicant until the applicant has Plan, as well as aeronautical surfaces associated value in economic terms, such as complied with all applicable unique with the landing and takeoff of aircraft at the improving the reliability of travel times entity identifier and SAM requirements airport. Additionally, projects at an airport: Must or improvements to the existing human and, if an applicant has not fully comply with established Sponsor Grant Assurances, complied with the requirements by the including (but not limited to) requirements for non- and natural environments (such as exclusive use facilities, consultation with users, increased connectivity, improved public time the Department is ready to make a consistency with local plans including health, storm water runoff mitigation, BUILD Transportation grant, the development of the area surrounding the airport, and noise reduction), while also Department may determine that the and consideration of the interest of nearby applicant is not qualified to receive a communities, among others; and must not adversely providing numerical estimates of the affect the continued and unhindered access of magnitude and timing of each of these BUILD Transportation grant and use passengers to the terminal. additional impacts wherever possible. that determination as a basis for making
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a BUILD Transportation grant to another (3) The ‘‘Legal Business Name’’ for the (a) Safety applicant. applicant that was provided in the SF– The Department will assess the 424; 4. Submission Dates and Times project’s ability to foster a safe (4) The AOR name submitted in the transportation system for the movement i. Deadline SF–424; of goods and people. The Department Applications must be submitted by (5) The DUNS number associated with will consider the projected impacts on 8:00 p.m. E.D.T. on July 18, 2018. The the application; and the number, rate, and consequences of Grants.gov ‘‘Apply’’ function will open crashes, fatalities and injuries among by June 3, 2018. (6) The Grants.gov Help Desk transportation users; the project’s To submit an application through Tracking Number. contribution to the elimination of Grants.gov, applicants must: To ensure a fair competition of highway/rail grade crossings, or the (1) Obtain a Data Universal limited discretionary funds, the project’s contribution to preventing Numbering System (DUNS) number; following conditions are not valid unintended releases of hazardous (2) Register with the System for reasons to permit late submissions: (1) materials. Award Management (SAM) at Failure to complete the registration www.SAM.gov; process before the deadline; (2) failure (b) State of Good Repair (3) Create a Grants.gov username and to follow Grants.gov instructions on The Department will assess whether password; and how to register and apply as posted on and to what extent: (1) The project is (4) The E-Business Point of Contact its website; (3) failure to follow all consistent with relevant plans to (POC) at the applicant’s organization instructions in this notice of funding maintain transportation facilities or must respond to the registration email opportunity; and (4) technical issues systems in a state of good repair and from Grants.gov and login at Grants.gov experienced with the applicant’s address current and projected to authorize the applicant as the computer or information technology vulnerabilities; (2) if left unimproved, Authorized Organization Representative environment. After the Department the poor condition of the asset will (AOR). Please note that there can be reviews all information submitted and threaten future transportation network more than one AOR for an organization. contact the Grants.gov Help Desk to efficiency, mobility of goods or Please note that the Grants.gov validate reported technical issues, DOT accessibility and mobility of people, or registration process usually takes 2–4 staff will contact late applicants to economic growth; (3) the project is weeks to complete and that the approve or deny a request to submit a appropriately capitalized up front and Department will not consider late late application through Grants.gov. If uses asset management approaches that applications that are the result of failure the reported technical issues cannot be optimize its long-term cost structure; (4) to register or comply with Grants.gov validated, late applications will be a sustainable source of revenue is applicant requirements in a timely rejected as untimely. available for operations and manner. For information and instruction maintenance of the project and the on each of these processes, please see E. Application Review Information project will reduce overall life-cycle instructions at http://www.grants.gov/ 1. Criteria costs; (5) maintain or improve web/grants/applicants/applicant- transportation infrastructure that faqs.html. If applicants experience This section specifies the criteria that supports border security functions; and difficulties at any point during the DOT will use to evaluate and award (6) the project includes a plan to registration or application process, applications for BUILD Transportation maintain the transportation please call the Grants.gov Customer Discretionary Grants. The criteria infrastructure in a state of good repair. Service Support Hotline at 1(800) 518– incorporate the statutory eligibility The Department will prioritize projects 4726, Monday–Friday from 7:00 a.m. to requirements for this program, which that ensure the good condition of 9:00 p.m. EST. are specified in this notice as relevant. transportation infrastructure, including ii. Consideration of Applications Projects will also be evaluated for rural transportation infrastructure, that demonstrated project readiness and support commerce and economic Only applicants who comply with all benefits and costs. submission deadlines described in this growth. notice and electronically submit valid i. Merit Criteria (c) Economic Competitiveness applications through Grants.gov will be eligible for award. Applicants are Applications that do not demonstrate The Department will assess whether strongly encouraged to make a likelihood of significant long-term the project will (1) decrease submissions in advance of the deadline. benefits based on these criteria will not transportation costs and improve access, proceed in the evaluation process. DOT especially for rural communities, iii. Late Applications does not consider any merit criterion through reliable and timely access to Applicants experiencing technical more important than the others. BUILD employment centers and job issues with Grants.gov that are beyond Transportation Planning Grant opportunities; (2) improve long-term the applicant’s control must contact applications will be evaluated against efficiency, reliability or costs in the [email protected] prior to the the same criteria as capital grant movement of workers or goods; (3) application deadline with the user name applications. While the FY 2018 increase the economic productivity of of the registrant and details of the Appropriations Act allows funding land, capital, or labor; (4) result in long- technical issue experienced. The solely for pre-construction activities, the term job creation and other economic applicant must provide: Department will prioritize FY 2018 opportunities; or (5) help the United (1) Details of the technical issue BUILD Transportation funding for States compete in a global economy by experienced; projects which demonstrate the ability facilitating efficient and reliable freight (2) Screen capture(s) of the technical to move into the construction phase movement. issues experienced along with within the period of obligation. The Projects that address congestion in corresponding Grants.gov ‘‘Grant selection criteria, which will receive major urban areas, particularly those tracking number’’; equal consideration, are: that do so through the use of congestion
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pricing or the deployment of advanced and documentation of safety risks. timely and consistent environmental technology, projects that bridge gaps in When making BUILD Transportation review and permit decisions. service in rural areas, and projects that award decisions, the Department will Participation in innovative project attract private economic development, consider any innovative safety delivery approaches will not remove all support local or regional economic approaches proposed by the applicant, any statutory requirements affecting competitiveness. particularly projects which incorporate project delivery. While BUILD innovative design solutions, enhance Transportation award recipients are not (d) Environmental Protection the environment for automated vehicles, required to employ innovative The Department will consider the or use technology to improve the approaches, the Department encourages extent to which the project improves detection, mitigation, and BUILD Transportation applicants to energy efficiency, reduces dependence documentation of safety risks. describe innovative project delivery on oil, reduces congestion-related Innovative safety approaches may methods for proposed projects. emissions, improves water quality, include, but are not limited to: Additionally, DOT is interested in avoids and mitigates environmental • Conflict detection and mitigation projects that apply innovative strategies impacts and otherwise benefits the technologies (e.g., intersection alerts to improve the efficiency of project environment, including through and signal prioritization); development or expedite project alternative right of way uses • Dynamic signaling or pricing delivery by using FHWA’s Special demonstrating innovative ways to systems to reduce congestion; Experimental Project No. 14 (SEP–14) improve or streamline environmental • Signage and design features that and Special Experimental Project No. 15 reviews while maintaining the same facilitate autonomous or semi- (SEP–15). Under SEP–14 and SEP–15, outcomes. The Department will assess autonomous vehicle technologies; FHWA may waive statutory and the project’s ability to: (i) Reduce energy • Applications to automatically regulatory requirements under title 23 use and air or water pollution through capture and report safety-related issues on a project-by-project basis to explore congestion mitigation strategies; (ii) (e.g., identifying and documenting near- innovative processes that could be avoid adverse environmental impacts to miss incidents); and adopted through legislation. This air or water quality, wetlands, and • Cybersecurity elements to protect experimental authority is available to endangered species; or (iii) provide safety-critical systems. test changes that would improve the environmental benefits, such as For innovative safety proposals, the efficiency of project delivery in a brownfield redevelopment, ground Department will evaluate safety benefits manner that is consistent with the water recharge in areas of water scarcity, that those approaches could produce purposes underlying existing wetlands creation or improved habitat and the broader applicability of the requirements; it is not available to connectivity, and stormwater potential results. DOT will also assess frustrate the purposes of existing mitigation. the extent to which the project uses requirements. innovative technology that supports When making BUILD Transportation (e) Quality of Life surface transportation to significantly award decisions, the Department will The Department will consider the enhance the operational performance of consider the applicant’s proposals to extent to which the project: (i) Increases the transportation system. use SEP–14 or SEP–15, whether the transportation choices for individuals to Innovative technologies include: proposals are consistent with the provide more freedom on transportation broadband deployment and the objectives and requirements of those decisions; (ii) expands access to installation of high-speed networks programs, the potential benefits that essential services for communities concurrent with the project experimental authorities or waivers across the United States, particularly for construction; connecting Intelligent might provide to the project, and the rural communities; and (iii) improves Transportation System (ITS) broader applicability of potential connectivity for citizens to jobs, health infrastructure; and providing direct fiber results. The Department is not replacing care, and other critical destinations, connections that support surface the application processes for SEP–14 or particularly for rural communities. transportation to public and private SEP–15 with this notice or the BUILD Americans living in rural areas and on entities, which can provide a platform Transportation program application. Tribal lands continue to and catalyst for growth of rural Instead, it seeks detailed expressions of disproportionately lack access and communities. The Department will interest in those programs. If selected connectivity, and the Department will consider whether and the extent to for an BUILD Transportation award, the consider whether and the extent to which the construction of the applicant would need to satisfy the which the construction of the transportation project will allow relevant programs’ requirements and transportation project will allow concurrent broadband deployment and complete the appropriate application concurrent installation of fiber or other the installation of high-speed networks. processes. Selection for a BUILD Transportation award does not mean a broadband deployment as an essential (ii) Innovative Project Delivery service. project’s SEP–14 or SEP–15 proposal DOT will consider the extent to which has been approved. The Department (f) Innovation the project utilizes innovative practices will make a separate determination in The Department will assess the extent in contracting, congestion management, accordance with those programs’ to which the applicant uses innovative asset management, or long-term processes on the appropriateness of a strategies, including: (i) Innovative operations and maintenance. waiver. technologies, (ii) innovative project The Department also seeks projects (iii) Innovative Financing delivery, or (iii) innovative financing. that employ innovative approaches to improve the efficiency and effectiveness DOT will assess the extent to which (i) Innovative Technologies of the environmental permitting and the project incorporates innovations in DOT will assess innovative review to accelerate project delivery and transportation funding and finance approaches to transportation safety, achieve improved outcomes for through both traditional and innovative particularly in relation to automated communities and the environment. The means, including by using private sector vehicles and the detection, mitigation, Department’s objective is to achieve funding or financing and recycled
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revenue from the competitive sale or issuance unless an applicant raises or and urban communities when selecting lease of publicly owned or operated commits to raising new revenue to repay BUILD Transportation projects. assets. the bonds. The Department will 2. Review and Selection Process consider actions to create new revenue (g) Partnership only if those actions occurred after DOT reviews all eligible applications The Department will consider the January 1, 2015 or will occur in the received by the deadline. The BUILD extent to which projects demonstrate future; it will not consider actions that Transportation grants review and strong collaboration among a broad occurred before January 1, 2015. For selection process consists of at least range of stakeholders. Projects with applications that propose to generate Technical Review and Senior Review. In strong partnership typically involve revenue over multiple years, the the Technical Review, teams comprising multiple partners in project maximum time period that should be staff from the Office of the Secretary development and funding, such as State used is 10 years, beginning on January (OST) and operating administrations and local governments, other public 1, 2018. Among otherwise similar review all eligible applications and rate entities, and private or nonprofit applications, applicants that generate projects based on how well the projects entities. DOT will consider rural more new non-Federal revenue for align with the selection criteria. The applicants that partner with State, local, future transportation infrastructure Senior Review Team, which includes or private entities for the completion investment will be more competitive. senior leadership from OST and the and operation of transportation The Department recognizes that operating administrations determines infrastructure to have strong applicants have varying abilities and which projects to advance to the partnership. DOT will also assess the resources to generate non-Federal Secretary as Highly Rated. The FY 2018 extent to which the project application revenue. If an applicant describes Appropriations Act mandated BUILD demonstrates collaboration among broader legal or fiscal constraints that Transportation grant awards by neighboring or regional jurisdictions, affect its ability to generate non-Federal December 18, 2018. To ensure the including neighboring rural areas, to revenue, the Department will consider Department meets the statutory deadline achieve local or regional benefits. In the those constraints. As mandated by the specified in the FY 2018 Appropriations context of public-private partnerships, FY 2018 Appropriations Act, the Act, the Department may revise the DOT will assess the extent to which Department will not use the Federal evaluation process based on the number partners are encouraged to ensure long- share as a selection criterion in of applications received. The Secretary term asset performance, such as through awarding projects. selects from the Highly Rated projects pay-for-success approaches. for final awards. DOT will also consider the extent to ii. Demonstrated Project Readiness which projects include partnerships that During application evaluation, the 3. Additional Information bring together diverse transportation Department may consider project Prior to award, each selected agencies or are supported, financially or readiness to assess the likelihood of a applicant will be subject to a risk otherwise, by other stakeholders that are successful project. In that analysis, the assessment as required by 2 CFR pursuing similar objectives. For Department will consider significant 200.205. The Department must review example, DOT will consider the extent risks to successful completion of a and consider any information about the to which transportation projects are project, including risks associated with applicant that is in the designated coordinated with economic environmental review, permitting, integrity and performance system development, housing, water and waste technical feasibility, funding, and the accessible through SAM (currently the infrastructure, power and electric applicant’s capacity to manage project Federal Awardee Performance and infrastructure, broadband and land use delivery. Risks do not disqualify Integrity Information System (FAPIIS)). plans and policies or other public projects from award, but competitive An applicant may review information in service efforts. applications clearly and directly FAPIIS and comment on any (h) Non-Federal Revenue for describe achievable risk mitigation information about itself. The Transportation Infrastructure strategies. A project with mitigated risks Department will consider comments by Investment or with a risk mitigation plan is more the applicant, in addition to the other competitive than a comparable project information in FAPIIS, in making a The Administration believes that with unaddressed risks. judgment about the applicant’s integrity, attracting significant new, non-Federal business ethics, and record of revenue streams dedicated to iii. Project Costs and Benefits performance under Federal awards transportation infrastructure investment The Department may consider the when completing the review of risk is desirable to maximize investment in costs and benefits of projects seeking posed by applicants. transportation infrastructure. The BUILD Transportation funding. To the Department will assess the extent that extent possible, the Department will F. Federal Award Administration applications provide evidence that the rely on quantitative, data-supported Information applicant will secure and commit new, analysis to assess how well a project 1. Federal Award Notice non-Federal revenue to transportation addresses this criterion, including an infrastructure investment. assessment of the project’s estimated Following the evaluation outlined in New revenue means revenue that is benefit-cost ratio and net quantifiable Section E, the Secretary will announce not included in current and projected benefits based on the applicant-supplied awarded projects by posting a list of funding levels and results from specific BCA described in Section D.2.vi. selected projects at www.transportation. actions taken to increase transportation gov/BUILDgrants. Notice of selection is infrastructure investment. For example, iv. Additional Considerations not authorization to begin performance. an applicant may generate new revenue The FY 2018 Appropriations Act Following that announcement, the through asset recycling, tolling, tax- requires the Department to consider relevant operating administration will increment financing, or sales or gas tax contributions to geographic diversity contact the point of contact listed in the increases. New revenue does not among recipients, including the need for SF 424 to initiate negotiation of the include the proceeds of a new bond a balance between the needs of rural grant agreement for authorization.
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2. Administrative and National Policy and ensure accountability and financial G. Federal Awarding Agency Contacts Requirements transparency in the BUILD Transportation program. For further information concerning All awards will be administered this notice please contact the BUILD pursuant to the Uniform Administrative ii. System Performance Reporting Transportation program staff via email Requirements, Cost Principles and at [email protected], or call Howard Audit Requirements for Federal Awards Each applicant selected for BUILD found in 2 CFR part 200, as adopted by Transportation Discretionary Grant Hill at 202–366–0301. A TDD is DOT at 2 CFR part 1201. Additionally, funding must collect information and available for individuals who are deaf or applicable Federal laws, rules and report on the project’s observed hard of hearing at 202–366–3993. In regulations of the relevant operating performance with respect to the relevant addition, DOT will post answers to administration administering the project long-term outcomes that are expected to questions and requests for clarifications will apply to the projects that receive be achieved through construction of the on DOT’s website at BUILD Transportation Discretionary project. Performance indicators will not www.transportation.gov/BUILDgrants. Grants awards, including planning include formal goals or targets, but will To ensure applicants receive accurate requirements, Service Outcome include observed measures under information about eligibility or the Agreements, Stakeholder Agreements, baseline (pre-project) as well as post- program, the applicant is encouraged to Buy America compliance, and other implementation outcomes for an agreed- contact DOT directly, rather than requirements under DOT’s other upon timeline, and will be used to through intermediaries or third parties, highway, transit, rail, and port grant evaluate and compare projects and with questions. DOT staff may also programs. monitor the results that grant funds conduct briefings on the BUILD For projects administered by FHWA, achieve to the intended long-term Transportation Discretionary Grants applicable Federal laws, rules, and outcomes of the BUILD Transportation selection and award process upon regulations set forth in Title 23 U.S.C. program are achieved. To the extent request. and Title 23 CFR apply. For an possible, performance indicators used in illustrative list of the applicable laws, the reporting should align with the H. Other information rules, regulations, executive orders, measures included in the application 1. Protection of Confidential Business polices, guidelines, and requirements as and should relate to at least one of the Information they relate to a BUILD Transportation selection criteria defined in Section E. project administered by the FHWA, Performance reporting continues for All information submitted as part of please see https://ops.fhwa.dot.gov/ several years after project construction or in support of any application shall _ _ Freight/infrastructure/tiger/fy2016 gr is completed, and DOT does not provide use publicly available data or data that exhbt/index.htm. For BUILD BUILD Transportation Discretionary can be made public and methodologies Transportation projects administered by Grant funding specifically for that are accepted by industry practice the Federal Transit Administration and performance reporting. and standards, to the extent possible. If partially funded with Federal transit the application includes information the assistance, all relevant requirements iii. Reporting of Matters Related to applicant considers to be a trade secret under chapter 53 of title 49 U.S.C. Recipient Integrity and Performance or confidential commercial or financial apply. For transit projects funded If the total value of a selected information, the applicant should do the exclusively with BUILD Transportation applicant’s currently active grants, Discretionary Grants funds, some cooperative agreements, and following: (1) Note on the front cover requirements of chapter 53 of title 49 procurement contracts from all Federal that the submission ‘‘Contains U.S.C. and chapter VI of title 49 CFR awarding agencies exceeds $10,000,000 Confidential Business Information apply. For projects administered by the for any period of time during the period (CBI)’’; (2) mark each affected page Federal Railroad Administration, FRA of performance of this Federal award, ‘‘CBI’’; and (3) highlight or otherwise requirements described in 49 U.S.C. then the applicant during that period of denote the CBI portions. DOT protects Subtitle V, Part C apply. time must maintain the currency of such information from disclosure to the Federal wage rate requirements information reported to the SAM that is extent allowed under applicable law. In included in subchapter IV of chapter 31 made available in the designated the event DOT receives a Freedom of of title 40, U.S.C., apply to all projects integrity and performance system Information Act (FOIA) request for the receiving funds under this program, and (currently FAPIIS) about civil, criminal, information, DOT will follow the apply to all parts of the project, whether or administrative proceedings described procedures described in its FOIA funded with BUILD Transportation in paragraph 2 of this award term and regulations at 49 CFR 7.17. Only Discretionary Grant funds, other Federal condition. This is a statutory information that is ultimately funds, or non-Federal funds. requirement under section 872 of Public determined to be confidential under that 3. Reporting Law 110–417, as amended (41 U.S.C. procedure will be exempt from 2313). As required by section 3010 of disclosure under FOIA. i. Progress Reporting on Grant Activities Public Law 111–212, all information Issued on: April 20, 2018. Each applicant selected for BUILD posted in the designated integrity and Transportation Discretionary Grants performance system on or after April 15, Elaine L. Chao, funding must submit quarterly progress 2011, except past performance reviews Secretary. reports and Federal Financial Reports required for Federal procurement [FR Doc. 2018–08906 Filed 4–26–18; 8:45 am] (SF–425) to monitor project progress contracts, will be publicly available. BILLING CODE 4910–9X–P
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Part II
Department of Commerce
National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Low-Energy Geophysical Survey in the Northwest Atlantic Ocean; Notice
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DEPARTMENT OF COMMERCE commenter may be publicly accessible. migration, breathing, nursing, breeding, Do not submit confidential business feeding, or sheltering (Level B National Oceanic and Atmospheric information or otherwise sensitive or harassment). Administration protected information. National Environmental Policy Act RIN 0648–XF986 FOR FURTHER INFORMATION CONTACT: Jordan Carduner, Office of Protected To comply with the National Takes of Marine Mammals Incidental to Resources, NMFS, (301) 427–8401. Environmental Policy Act of 1969 Specified Activities; Taking Marine Electronic copies of the application and (NEPA; 42 U.S.C. 4321 et seq.) and Mammals Incidental to a Low-Energy supporting documents, as well as a list NOAA Administrative Order (NAO) Geophysical Survey in the Northwest of the references cited in this document, 216–6A, NMFS must review our Atlantic Ocean may be obtained online at: proposed action (i.e., the issuance of an www.fisheries.noaa.gov/national/ incidental harassment authorization) AGENCY: National Marine Fisheries marine-mammal-protection/incidental- with respect to potential impacts on the Service (NMFS), National Oceanic and take-authorizations-research-and-other- human environment. This action is Atmospheric Administration (NOAA), activities. In case of problems accessing consistent with categories of activities Commerce. these documents, please call the contact identified in Categorical Exclusion B4 ACTION: Notice; proposed incidental listed above. (incidental harassment authorizations with no anticipated serious injury or harassment authorization; request for SUPPLEMENTARY INFORMATION: comments. mortality) of the Companion Manual for Background NOAA Administrative Order 216–6A, SUMMARY: NMFS has received a request Sections 101(a)(5)(A) and (D) of the which do not individually or from the Scripps Institution of MMPA (16 U.S.C. 1361 et seq.) direct cumulatively have the potential for Oceanography (SIO) for authorization to the Secretary of Commerce (as delegated significant impacts on the quality of the take marine mammals incidental to a to NMFS) to allow, upon request, the human environment and for which we low-energy marine geophysical survey incidental, but not intentional, taking of have not identified any extraordinary in the Northwest Atlantic Ocean. small numbers of marine mammals by circumstances that would preclude this Pursuant to the Marine Mammal U.S. citizens who engage in a specified categorical exclusion. Accordingly, Protection Act (MMPA), NMFS is activity (other than commercial fishing) NMFS has preliminarily determined requesting comments on its proposal to within a specified geographical region if that the issuance of the proposed IHA issue an incidental harassment certain findings are made and either qualifies to be categorically excluded authorization (IHA) to incidentally take regulations are issued or, if the taking is from further NEPA review. marine mammals during the specified limited to harassment, a notice of a Summary of Request activities. NMFS will consider public proposed authorization is provided to comments prior to making any final the public for review. On November 20, 2017, NMFS decision on the issuance of the An authorization for incidental received a request from SIO for an IHA requested MMPA authorization and takings shall be granted if NMFS finds to take marine mammals incidental to agency responses will be summarized in that the taking will have a negligible conducting a low-energy marine the final notice of our decision. impact on the species or stock(s), will geophysical survey in the Northwest DATES: Comments and information must not have an unmitigable adverse impact Atlantic Ocean. On February 8, 2018, be received no later than May 29, 2018. on the availability of the species or we deemed SIO’s application for authorization to be adequate and ADDRESSES: Comments should be stock(s) for subsistence uses (where addressed to Jolie Harrison, Chief, relevant), and if the permissible complete. SIO’s request is for take of a Permits and Conservation Division, methods of taking and requirements small number of 35 species of marine Office of Protected Resources, National pertaining to the mitigation, monitoring mammals by Level B harassment and Marine Fisheries Service. Physical and reporting of such takings are set Level A harassment. Neither SIO nor comments should be sent to 1315 East- forth. NMFS expects mortality to result from West Highway, Silver Spring, MD 20910 NMFS has defined ‘‘negligible this activity, and, therefore, an IHA is and electronic comments should be sent impact’’ in 50 CFR 216.103 as an impact appropriate. The planned activity is not to [email protected]. resulting from the specified activity that expected to exceed one year, hence, we Instructions: NMFS is not responsible cannot be reasonably expected to, and is do not expect subsequent MMPA for comments sent by any other method, not reasonably likely to, adversely affect incidental harassment authorizations to any other address or individual, or the species or stock through effects on would be issued for this particular received after the end of the comment annual rates of recruitment or survival. activity. period. Comments received The MMPA states that the term ‘‘take’’ Description of Proposed Activity electronically, including all means to harass, hunt, capture, kill or attachments, must not exceed a 25- attempt to harass, hunt, capture, or kill Overview megabyte file size. Attachments to any marine mammal. SIO proposes to conduct low-energy electronic comments will be accepted in Except with respect to certain marine seismic surveys in the Microsoft Word or Excel or Adobe PDF activities not pertinent here, the MMPA Northwest Atlantic Ocean during June– file formats only. All comments defines ‘‘harassment’’ as any act of July 2018. The surveys would take place received are a part of the public record pursuit, torment, or annoyance which (i) in International Waters in water deeper and will generally be posted online at has the potential to injure a marine than 1,000 meters (m) (See Figure 1 in www.fisheries.noaa.gov/national/ mammal or marine mammal stock in the the IHA application). The proposed marine-mammal-protection/incidental- wild (Level A harassment); or (ii) has surveys would involve one source take-authorizations-research-and-other- the potential to disturb a marine vessel, the R/V Atlantis. The Atlantis activities without change. All personal mammal or marine mammal stock in the would tow a pair of 45 cubic inch (in3) identifying information (e.g., name, wild by causing disruption of behavioral GI airguns at a depth of 2–4 m with a address) voluntarily submitted by the patterns, including, but not limited to, total discharge volume of approximately
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90 in3 as an energy source along of one hydrophone streamer, either 200 (nm) long main lines, three 20 nm cross predetermined lines. or 600 m in length, as described below. lines, and ∼60 nm of turns, for a total As the airguns are towed along the of ∼240 nm data per reconnaissance Dates and Duration survey lines, the hydrophone streamer grid. All data, including turns, would be The seismic survey would be carried would receive the returning acoustic collected inside the boundaries of a 40 out for approximately 25 days. The signals and transfer the data to the on- x 40 nm box. The location, orientation, Atlantis would likely depart from St. board processing system. and size of the embedded high-quality George’s, Bermuda, on or about June 14, The proposed surveys would consist survey grid would depend on the 2018 and would return to Woods Hole, of: (1) Digital bathymetric, information obtained during the Massachusetts, on or about July 17, echosounding and MCS surveys at six reconnaissance survey. A potential 2018. Some deviation in timing could locations to enable the selection and high-quality grid could have 10 result from unforeseen events such as analysis of potential future IODP drill intersecting tracklines. A site weather, logistical issues, or mechanical sites (see Survey Areas 1–6 in Figure 1 appropriate for potential future drilling issues with the research vessel and/or in the IHA application); and (2) digital by the IODP would be identified with equipment. Seismic activities would bathymetric, echo-sounding and MCS each of these high-quality digital data occur 24 hours per day during the reflection profiles that tie the proposed grids. These latter grids would comprise proposed survey. drill sites to existing DSDP drill sites at least 120 nm of data. In addition to Specific Geographic Region and replace poor-quality analog seismic the six site surveys, MCS profiles would data. Each of the six site surveys would be acquired at a speed of 8 kt, with a The proposed surveys would take consist of grids of ship tracks that would pair of 45-in3 airguns towed 8 m apart place in International Waters of the be acquired using two different types of at a water depth of 2–4 m, using a 200- Northwest Atlantic Ocean, between airgun array configurations. The first m streamer. ∼ ° ° ° ° 33.5 and 53.5 N, and 37 and 49 W. would be a reconnaissance grid The six proposed site surveys would Representative survey track lines for the designed to identify the optimum collect up to 4,334 km of data; survey survey area is shown in Figure 1 of the orientation and length of seismic lines lines connecting several grids and IHA application. The Atlantis would needed for a second, higher-data quality existing DSDP drill sites, as shown in depart from St. George’s, Bermuda, and survey designed to locate exactly the Figure 1, comprise another 3,577 km, for would return to Woods Hole, most suitable potential future drill site a total of 7,911 km of seismic Massachusetts. suggested by results of the acquisition. All data would be collected Detailed Description of Specific Activity reconnaissance survey. This two-step in water depths of more than 1,000 m. effort is needed for two reasons. First, There could be additional seismic SIO proposes to conduct low-energy most of the proposed survey sites have operations in the project area associated seismic surveys low-energy seismic been crossed by low-resolution, single- with equipment testing, re-acquisition surveys in the Northwest Atlantic Ocean channel, analog seismic data collected due to equipment malfunction, data ∼ ° in International Waters between 33.5 30–40 years ago, and as such are only degradation during poor weather, or ° ° ° and 53.5 N, and 37 and 49 W, in marginally suitable for proper drill site interruption due to shutdown or track water deeper than 1,000 m. The survey selection. Second, basement ridges are deviation in compliance with IHA area and representative survey typically spaced closer than the 10–20 requirements. To account for these tracklines are shown in Figure 1 in the kilometer (km) resolution of satellite additional seismic operations, 25 IHA application. As described above, bathymetry that currently provides percent has been added in the form of some deviation in actual tracklines and constraints on seafloor features in this operational days, which is equivalent to timing could be necessary. The region, making it necessary to conduct adding 25 percent to the proposed line proposed surveys would be in support ship-borne bathymetric surveys as a first km to be surveyed. of a potential future International Ocean indicator of potential future drill In addition to the operations of the Discovery Program (IODP) project and locations. airgun array, a multibeam echosounder would examine regional seismic Each reconnaissance grid would be (MBES) and a sub-bottom profiler (SBP) stratigraphy and provide seismic images collected using a pair of 45-in3 airguns, would also be operated continuously of changing sediment distributions from with airguns spaced 8 m apart at a water throughout the survey, but not during deepwater production changes. The depth of 2–4 m, with a 200 m transits to and from the project area. All proposed surveys would thus take place hydrophone streamer and with the planned geophysical data acquisition in an area that is of interest to the IODP vessel traveling at 8 knots (kt). Each activities would be conducted by SIO and that has older Deep Sea Drilling high-quality site-selection grid, with on-board assistance by the Project (DSDP) sites. To achieve the embedded entirely within the scientists who have proposed the study. program’s goals, the Principal boundaries of the reconnaissance grid, The vessel would be self-contained, and Investigators propose to collect low- would be collected using a pair of 45- the crew would live aboard the vessel energy, high-resolution multi-channel in3 airguns, with airguns spaced 2 m for the entire cruise. seismic (MCS) profiles. apart at a depth of 2–4 m, with a 600 The Atlantis has a length of 84 m, a The procedures to be used for the m hydrophone streamer and with the beam of 16 m, and a maximum draft of seismic surveys would be similar to vessel traveling at to 5 kt to achieve 5.8 m. The ship is powered by diesel those used during previous seismic especially high-quality seismic electric motors and 1,180 SHP surveys by SIO and would use reflection data. azimuthing stern thrusters. An conventional seismic methodology. The A reconnaissance grid and an operation speed of approximately 5–8 kt surveys would involve one source embedded high-quality survey grid (9–15 km/hr) would be used during vessel, R/V Atlantis, which is operated would be centered at each of the six seismic acquisition. When not towing by Woods Hole Oceanographic Survey Areas, as shown in Figure 1 of seismic survey gear, the Atlantis cruises Institution (WHOI). R/V Atlantis would the IHA application. Figure 1 of the IHA at approximately 11 kt (20 km/hr). It has deploy a pair of 45-in3 GI airguns as an application also shows representative a normal operating range of energy source with a total volume of 90 tracklines for a potential reconnaissance approximately 32,000 km. The Atlantis in3. The receiving system would consist grid consisting of four 30 nautical mile would also serve as the platform from
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which vessel-based protected species TABLE 1—SPECIFICATIONS OF THE R/V including natural mortalities, that may visual observers (PSO) would watch for ATLANTIS AIRGUN ARRAY be removed from a marine mammal marine mammals during airgun stock while allowing that stock to reach operations. Number of airguns .... 2. or maintain its optimum sustainable During the survey, the Atlantis would Gun positions used ... Two inline airguns 2- population) and on annual levels of 3 or 8-m apart. serious injury and mortality from tow a pair of 45-in GI airguns and a Tow depth of energy 2–4 m. 200- or 600-m long streamer containing anthropogenic sources are not available source. for these marine mammal populations. hydrophones along predetermined lines. Dominant frequency 0–188 Hz. Abundance estimates for marine The generator chamber of each GI components. 3 mammals in the survey location are airgun, the one responsible for Air discharge volume Approximately 90 in . lacking; therefore the abundance introducing the sound pulse into the Shot interval ...... 7.8 seconds. estimates presented here are based on ocean, is 45 in3. The larger (105 in3) Proposed mitigation, monitoring, and the U.S. Atlantic SARs (Hayes et al., injector chamber injects air into the reporting measures are described in 2017), as this is considered the best previously generated bubble to maintain detail later in this document (please see available information on potential its shape, and does not introduce more ‘‘Proposed Mitigation’’ and ‘‘Proposed abundance of marine mammals in the 3 sound into the water. The two 45-in GI Monitoring and Reporting’’). area. However, as described above, the airguns would be towed 21 m behind R/ marine mammals encountered by the V Atlantis, 2 m (during 5-kt grid Description of Marine Mammals in the Area of Specified Activities proposed survey are not assigned to surveys) or 8 m (8-kt reconnaissance stocks. All abundance estimate values and seismic transect surveys) apart side Section 4 of the application presented in Table 2 are the most recent by side, at a depth of 2–4 m. Surveys summarizes available information available at the time of publication and with the 2-m airgun separation regarding status and trends, distribution are available in the 2017 U.S. Atlantic configuration would use a 600-m and habitat preferences, and behavior draft SARs (e.g., Hayes et al. 2017) hydrophone streamer, whereas surveys and life history, of the potentially available online at: www.fisheries.noaa. affected species. Additional information with the 8-m airgun separation gov/national/marine-mammal- about these species (e.g., physical and configuration would use a 200-m protection/marine-mammal-stock- behavioral descriptions) may be found hydrophone streamer. Seismic pulses assessments, except where noted on NMFS’ website otherwise. would be emitted at intervals of 25 m (www.fisheries.noaa.gov/find-species). for the 5 kt surveys using the 2-m GI The populations of marine mammals Table 2 lists all species with expected airgun separation and at intervals of 50 considered in this document do not potential for occurrence in the survey m for the 8 kt surveys using the 8-m occur within the U.S. EEZ and are area and with the potential to be taken airgun separation. therefore not assigned to stocks and are as a result of the proposed survey, and not assessed in NMFS’ Stock summarizes information related to the Assessment Reports (SAR). As such, population, including regulatory status information on potential biological under the MMPA and ESA. For removal (PBR; defined by the MMPA as taxonomy, we follow Committee on the maximum number of animals, not Taxonomy (2016).
TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA EXPECTED TO BE AFFECTED BY THE SPECIFIED ACTIVITIES
ESA/ MMPA Relative Species Stock status; Abundance 2 occurrence in Strategic project area (Y/N) 1
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family: Balaenopteridae: Humpback whale 3 (Megaptera novaeangliae) ...... n/a ...... -/-; N 12,312 ...... Uncommon. Minke whale 4 (Balaenoptera acutorostrata) ...... n/a ...... -/-; N 20,741 ...... Uncommon. Bryde’s whale (Balaenoptera brydei) ...... n/a ...... -/-; N unknown ...... Uncommon. Sei whale (Balaenoptera borealis) ...... n/a ...... E/D; Y 357 ...... Uncommon. Fin whale 4 (Balaenoptera physalus) ...... n/a ...... E/D; Y 3,522 ...... Uncommon. Blue whale (Balaenoptera musculus) ...... n/a ...... E/D; Y 440 ...... Uncommon.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Physeteridae: Sperm whale (Physeter macrocephalus) ...... n/a ...... E/D; Y 2,288 ...... Uncommon.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Kogiidae: Pygmy sperm whale 5 (Kogia breviceps) ...... n/a ...... -/-; N 3,785 ...... Rare. Dwarf sperm whale 5 (Kogia sima) ...... n/a ...... -/-; N 3,785 ...... Rare.
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TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA EXPECTED TO BE AFFECTED BY THE SPECIFIED ACTIVITIES—Continued
ESA/ MMPA Relative Species Stock status; Abundance 2 occurrence in Strategic project area (Y/N) 1
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Delphinidae: Killer whale (Orcinus orca) ...... n/a ...... -/-; N unknown ...... Uncommon. False killer whale (Pseudorca crassidens) ...... n/a ...... -/-; N 442 ...... Uncommon. Pygmy killer whale (Feresa attenuata) ...... n/a ...... -/-; N unknown ...... Rare. Short-finned pilot whale (Globicephala macrorhynchus) ...... n/a ...... -/-; N 21,515 ...... Uncommon. Long-finned pilot whale (Globicephala melas) ...... n/a ...... -/-; N 5,636 ...... Uncommon. Harbor porpoise (Phocoena phocoena) ...... n/a ...... -/-; N 79,833 ...... Uncommon. Bottlenose dolphin (Tursiops truncatus) ...... n/a ...... -/-; N 77,532 ...... Uncommon. Striped dolphin (Stenella coeruleoala) ...... n/a ...... -/-; N 54,807 ...... Uncommon. Risso’s dolphin (Grampus griseus) ...... n/a ...... -/-; N 18,250 ...... Uncommon. Common dolphin 4 (Delphinus delphis) ...... n/a ...... -; N 173,486 ...... Uncommon. Atlantic white-sided dolphin (Lagenorhynchus obliquidens) ...... n/a ...... -; N 48,819 ...... Uncommon. Atlantic spotted dolphin (Stenella frontalis) ...... n/a ...... -; N 44,715 ...... Uncommon. Pantropical spotted dolphin (Stenella attenuate) ...... n/a ...... -; N 3,333 ...... Uncommon. White beaked dolphin (Lagenorhynchus albirostris) ...... n/a ...... -; N 2,003 ...... Uncommon. Rough-toothed dolphin (Steno bredanensis) ...... n/a ...... -; N 271 ...... Rare.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family: Ziphiidae: Cuvier’s beaked whale (Ziphius cavirostris) ...... n/a ...... -/-; N 6,532 ...... Uncommon. Blainville’s beaked whale 6 (Mesoplodon densirostris) ...... n/a ...... -; N 7,092 ...... Uncommon. True’s beaked whale 6 (Mesoplodon mirus) ...... n/a ...... -/-; N 7,092 ...... Rare. Gervais beaked whale 6 (Mesoplodon europaeus) ...... n/a ...... -; N 7,092 ...... Uncommon. Sowerby’s beaked whale 6 (Mesoplodon bidens) ...... n/a ...... -; N 7,092 ...... Uncommon. Northern bottlenose whale (Hyperoodon ampullatus) ...... n/a ...... -; N unknown ...... Uncommon.
Order Carnivora—Superfamily Pinnipedia
Family: Phocidae (earless seals): Hooded seal (Cystophora cristata) ...... n/a ...... -; N 592,100 ...... Rare. Harp seal (Pagophilus groenlandicus) ...... n/a ...... -; N 7,100,000 ...... Rare. Ringed seal (Pusa hispida) 7 ...... n/a ...... -; N unknown ...... Rare. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 Abundance estimates are from the NMFS 2017 draft Atlantic SAR (Hayes et al., 2017) unless otherwise noted. We note that marine mam- mals in the survey area would not belong to NMFS stocks, as the survey area is outside the geographic boundaries for stock assessments, thus stock abundance estimates are provided for comparison purposes only. 3 NMFS defines a stock of humpback whales only on the basis of the Gulf of Maine feeding population; however, multiple feeding populations originate from the Distinct Population Segment (DPS) that is expected to occur in the proposed survey area (the West Indies DPS). As West In- dies DPS whales from multiple feeding populations may be encountered in the proposed survey area, the total abundance of the West Indies DPS best reflects the abundance of the population that may encountered by the proposed survey. The West Indies DPS abundance estimate shown here reflects the latest estimate as described in the NMFS Status Review of the Humpback Whale under the Endangered Species Act (Bettridge et al., 2015). 4 Abundance for these species is from the 2007 Canadian Trans-North Atlantic Sighting Survey (TNASS), which provided full coverage of the Atlantic Canadian coast (Lawson and Gosselin, 2009). Abundance estimates from TNASS were corrected for perception and availability bias, when possible. In general, where the TNASS survey effort provided superior coverage of a stock’s range (as compared with NOAA shipboard survey effort), we elect to use the resulting abundance estimate over the current NMFS abundance estimate (derived from survey effort with infe- rior coverage of the stock range). 5 Abundance estimate represents pygmy and dwarf sperm whales combined. 6 Abundance estimate represents all species of Mesoplodon in the Atlantic. 7 NMFS does not have a defined stock of ringed seals in the Atlantic Ocean.
Four marine mammal species that are occurring in the survey area and thus therefore not discussed further beyond listed under the Endangered Species Act are expected to have the potential to be the explanation provided here. Four (ESA) may be present in the survey area taken by the proposed activities. cetacean species, although present in and are included in the take request: Though other marine mammal species the wider North Atlantic Ocean, likely The fin whale, sei whale, blue whale are known to occur in the North would not be found near the proposed and sperm whale. Atlantic Ocean, the temporal and/or project area because their ranges Below is a description of the species spatial occurrence of several of these generally do not extend as far north: that are both common in the survey area species is such that take of these species Clymene dolphin, Fraser’s dolphin, and that have the highest likelihood of is not expected to occur, and they are spinner dolphin, and melon-headed
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whale. Another cetacean species, the 4, 5, and 6, and northwest of Survey Atlantic Ocean, Bryde’s whales are North Atlantic right whale, occurs in Area 6 (Figure 1 in the IHA application) reported from the southeastern United nearshore waters off the U.S. coast, and (DFO Sightings Database 2017; OBIS, States including the Gulf of Mexico and its range does not extend as far offshore 2017). Two humpback whales outfitted the southern West Indies to Cabo Frio, as the proposed project area. Another with satellite transmitters near the Brazil (Leatherwood and Reeves, 1983). three cetacean species occur in arctic Dominican Republic during winter and Bryde’s whales have been observed waters, and their ranges generally do not spring of 2008 to 2012 were later feeding in the Azores during their extend as far south as the proposed reported off the east coast of Canada, as northward spring migration (Villa et al. project area: The bowhead whale, well as near the proposed project area 2011), but the distribution of Bryde’s narwhal, and beluga. Two additional between Survey Sites 4 and 5 (Kennedy whale elsewhere in the North Atlantic is cetacean species, the Atlantic humpback et al. 2014). Humpback whales were not well known, though there are dolphin (which occurs in coastal waters sighted during a summer survey along records from Virginia south to Brazil in of western Africa) and the long-beaked the Mid-Atlantic Ridge from Iceland to the west, and from Morocco south to common dolphin (which occurs in north of the Azores, including east of Cape of Good Hope in the east (Kato and coastal waters of South America and the survey area (Waring et al. 2008) and Perrin, 2009). There was one Bryde’s western Africa) do not occur in deep they have also been sighted near the whale sighting reported at ∼40° N offshore waters. Several pinniped Mid-Atlantic Ridge near the Azores during a survey along the Mid-Atlantic species also are known to occur in (Silva et al. 2014; OBIS, 2017). Ridge north of the Azores (Waring et al. North Atlantic waters, but are not Humpback whales could be 2008). Bryde’s whales could be expected to occur in deep offshore encountered in the proposed project encountered in the proposed project waters of the proposed project area, area during June–July, especially north area during June–July. including the gray seal, harbor seal, and of 40° N. Sei Whale bearded seal. We have reviewed SIO’s species Minke Whale The sei whale occurs in all ocean descriptions, including life history The minke whale has a cosmopolitan basins (Horwood 2009) but appears to information, distribution, regional distribution ranging from the tropics prefer mid-latitude temperate waters distribution, diving behavior, and and subtropics to the ice edge in both (Jefferson et al. 2008). It undertakes acoustics and hearing, for accuracy and hemispheres (Jefferson et al. 2008). seasonal migrations to feed in subpolar completeness. We refer the reader to Some populations migrate from high latitudes during summer and returns to Section 4 of SIO’s IHA application, latitude summering grounds to lower lower latitudes during winter to calve rather than reprinting the information latitude wintering grounds (Jefferson et (Horwood 2009). The sei whale is here. al. 2015). In the Northern Hemisphere, pelagic and generally not found in the minke whale is usually seen in coastal waters (Harwood and Wilson Humpback Whale coastal areas, but can also occur in 2001). It occurs in deeper waters Humpback whales are found pelagic waters during northward characteristic of the continental shelf worldwide in all ocean basins. In migrations in spring and summer, and edge region (Hain et al. 1985) and in winter, most humpback whales occur in southward migration in autumn other regions of steep bathymetric relief the subtropical and tropical waters of (Stewart and Leatherwood, 1985; Perrin such as seamounts and canyons the Northern and Southern Hemispheres and Brownell, 2009). Based on density (Kenney and Winn 1987; Gregr and (Muto et al., 2015). These wintering modeling by Mannocci et al. (2017) for Trites 2001). grounds are used for mating, giving the western North Atlantic, higher Based on density modeling by birth, and nursing new calves. densities are expected to occur north of Mannocci et al. (2017) for the western Humpback whales were listed as 40° N; very low densities are expected North Atlantic, higher densities are endangered under the Endangered south of 40° N. One minke whale was expected to occur north of 40° N during Species Conservation Act (ESCA) in sighted during a summer survey along the summer; very low densities are June 1970. In 1973, the ESA replaced the Mid-Atlantic Ridge from Iceland to expected south of 40° N. Sei whales are the ESCA, and humpbacks continued to north of the Azores, east of SIO’s regularly sighted near the Azores during be listed as endangered. NMFS recently proposed Survey Area 5 (Figure 1 in the spring (Vı´kingsson et al. 2010; Ryan et evaluated the status of the species, and IHA application) (Waring et al., 2008), al. 2013; Silva et al. 2014), and on September 8, 2016, NMFS divided and one sighting was made during June numerous sightings have also been the species into 14 distinct population 2006 to the east of SIO’s proposed made there during summer (Silva et al. segments (DPS), removed the current Survey Area 6 at 53.3° N, 40.9° W (OBIS 2014; OBIS 2017). One sei whale that species-level listing, and in its place 2017). Other minke whale sightings was tagged in the Azores during 2005 listed four DPSs as endangered and one have also been reported between the (Olsen et al. 2009) and seven DPS as threatened (81 FR 62259; proposed project area and the Mid- individuals that were tagged in the September 8, 2016). The remaining nine Atlantic Ridge (OBIS 2017), and Azores during May–June 2008 and 2009 DPSs were not listed. The West Indies sightings have been made to the west of travelled to the Labrador Sea, where DPS, which is not listed under the ESA, SIO’s proposed Survey Areas 2 to 6 they spent extended periods of time on is the only DPS of humpback whale that during summer and other seasons (DFO the northern shelf, presumably to feed is expected to occur in the survey area. Sightings Database 2017; OBIS 2017). (Prieto et al. 2010, 2014), then travelled Based on density modeling by northbound from the Azores just to the Mannocci et al. (2017) for the western Bryde’s Whale east of SIO’s proposed Survey Areas 3 North Atlantic, higher densities are Bryde’s whales are distributed and 4, and between Survey Areas 5 and expected to occur north of 40° N during worldwide in tropical and sub-tropical 6, during May and June, en route to the the summer; very low densities are waters, but the taxonomy and number of Labrador Sea (Olsen et al. 2009; Prieto expected south of 40° N. Several species and/or subspecies of Bryde’s et al. 2010, 2014). Sei whales could be sightings have been made in water whales in the world is currently a topic encountered in the proposed project >2,000 m deep during the summer to of debate (Kato and Perrin 2009; Rosel area during June–July, especially north the west of SIO’s proposed Survey Areas and Wilcox 2014). In the western of 40° N.
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Fin Whale from spring through fall, with most Pygmy and Dwarf Sperm Whale Fin whales are found throughout all sightings reported for July and August Pygmy sperm whales are found in oceans from tropical to polar latitudes. (DFO Sightings Database 2017). Blue tropical and warm-temperate waters The species occurs most commonly whales have also been observed off throughout the world (Ross and offshore but can also be found in coastal Newfoundland to the west of SIO’s Leatherwood 1994) and prefer deeper areas (Aguilar, 2009). Most populations proposed Survey Areas 2 and 3 (DFO waters with observations of this species migrate seasonally between temperate Sightings Database 2017; OBIS 2017), as in greater than 4,000 m depth (Baird et waters where mating and calving occur well as northwest of SIO’s proposed al., 2013). Both Kogia species are in winter, and polar waters where Survey Area 6 (OBIS 2017). Blue whales sighted primarily along the continental feeding occurs in summer (Aguilar, were seen during a summer survey shelf edge and slope and over deeper 2009). However, recent evidence along the Mid-Atlantic Ridge from waters off the shelf (Hansen et al. 1994; suggests that some animals may remain Iceland to north of the Azores, between Davis et al. 1998). Several studies have at high latitudes in winter or low 40 and 45° N (Waring et al. 2008). suggested that pygmy sperm whales live latitudes in summer (Edwards et al. Additionally, blue whales outfitted with mostly beyond the continental shelf 2015). satellite tags were tracked from the edge, whereas dwarf sperm whales tend Based on density modeling by Azores northward along the Mid- to occur closer to shore, often over the Mannocci et al. (2017) for the western Atlantic Ridge during spring 2009 and continental shelf (Rice 1998; Wang et al. North Atlantic, higher densities are 2011 (Silva et al. 2013). They have also 2002; MacLeod et al. 2004). Based on expected to occur north of 40° N; very been sighted in the Azores during late density modeling by Mannocci et al. low densities are expected south of 40° spring and summer (Ryan et al. 2013; (2017) for the western North Atlantic, N. Fin whales are commonly sighted off OBIS 2017). Blue whales could be slightly higher densities are expected to Newfoundland and Labrador, with most encountered within the proposed occur south of 40° N compared to records for June through November project area during June–July, but are northern regions. Pygmy and dwarf (DFO Sightings Database 2017). Several considered to be uncommon in the area. sperm whales likely would be rare in fin whale sightings have been made to the proposed project area. the west of SIO’s proposed Survey Areas Sperm Whale Cuvier’s Beaked Whale 3 to 6 (see Figure 1 in IHA application) Sperm whales are found throughout Cuvier’s beaked whale is the most (DFO Sightings Database 2017; OBIS the world’s oceans in deep waters widespread of the beaked whales 2017). One sighting was made near between about 60° N and 60° S SIO’s proposed Survey Area 5 at 53° N, occurring in almost all temperate, latitudes. Their distribution is 40° W (OBIS 2017). Fin whales were subtropical, and tropical waters and dependent on their food source and sighted during a summer survey along even some sub-polar and polar waters suitable conditions for breeding, and the Mid-Atlantic Ridge from Iceland to (MacLeod et al. 2006). It is found in varies with the sex and age composition north of the Azores, including east of deep water over and near the of the group. They are generally SIO’s proposed Survey Area 5 and continental slope (Jefferson et al. 2008). distributed over large areas that have between 40 and 45° N (Waring et al. There is one record of a Cuvier’s beaked high secondary productivity and steep 2008). Several sightings have also been whale from June 2006 between the underwater topography, in waters at made between the proposed project area proposed seismic transects at 51.4° N, and the Mid-Atlantic Ridge (OBIS 2017) least 1,000 m deep (Jaquet and 43.1° W, as well as numerous sightings and fin whales were seen near the Mid- Whitehead 1996; Whitehead 2009). from the Azores (Silva et al. 2014; OBIS Atlantic Ridge at ∼60° N in July 2012 Based on density modeling by Mannocci 2017). Cuvier’s beaked whales could be (Ryan et al. 2013). Fin whales could be et al. (2017), sperm whale are expected encountered in the proposed project encountered in the proposed project to occur throughout the deeper offshore area. waters of the western North Atlantic. area during June–July, especially north Mesoplodont Beaked Whales (Including of 40° N. Sightings of sperm whales were also made on and east of the Flemish Cap, True’s, Gervais’, Sowerby’s, and Blue Whale along the Mid-Atlantic Ridge from at Blainville’s Beaked Whale) ° The blue whale has a cosmopolitan least 32 to 57 N, and near SIO’s Mesoplodont beaked whales are distribution and tends to be pelagic, proposed Survey Areas 1–4 and the distributed throughout deep waters and only coming nearshore to feed and seismic transects south of 45.5° N (OBIS along the continental slopes of the possibly to breed (Jefferson et al. 2008). 2017). Sperm whales were the second North Atlantic Ocean. True’s beaked Blue whale migration is less well most commonly sighted cetacean whale is mainly oceanic and occurs in defined than for some other rorquals, species (n = 48) during a summer survey warm temperate waters of the North and their movements tend to be more along the Mid-Atlantic Ridge from Atlantic and southern Indian oceans closely linked to areas of high primary Iceland to north of the Azores; sightings (Pitman 2009). Gervais’ beaked whale is productivity, and hence prey, to meet were more abundant at and north of mainly oceanic and occurs in tropical their high energetic demands (Branch et ∼52° N, including to the east of SIO’s and warmer temperate waters of the al. 2007). Generally, blue whales are proposed Survey Site 5 (Waring et al. Atlantic Ocean (Jefferson et al. 2015). seasonal migrants between high 2008). Sperm whales were also sighted Sowerby’s beaked whale occurs in cold latitudes in the summer, where they ∼500 km north of Survey Area 1 during temperate waters of the Atlantic from feed, and low latitudes in the winter, the summer 2004 seismic survey by L– the Labrador Sea to the Norwegian Sea, where they mate and give birth (Lockyer DEO (Haley and Koski, 2004). There are and south to New England, the Azores, and Brown 1981). Some individuals also numerous sightings of sperm and Madeira (Mead 1989). Blainville’s may stay in low or high latitudes whales in the Azores (Morato et al. beaked whale is found in tropical and throughout the year (Reilly and Thayer 2008; Ryan et al. 2013; Silva et al. 2014; warm temperate waters of all oceans; it 1990; Watkins et al. 2000). OBIS 2017). Sperm whales could be has the widest distribution throughout Blue whales are uncommon in the encountered in the proposed project the world of all mesoplodont species waters of Newfoundland, but are seen area during June–July. and appears to be relatively common
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(Pitman 2009). Relatively few records Killer whales could be encountered Greenland and the Barents Sea. Long- exist of Mesoplodont beaked whale within the proposed project area during finned pilot whales are commonly observations in the proposed survey June–July. sighted off Newfoundland and Labrador area. There are 16 records of Sowerby’s (DFO Sightings Database 2017; OIBS False Killer Whale beaked whale near the Azores (OBIS 2017); although sightings have been 2017) and 10 records of stranded The false killer whale is distributed reported year-round, most have Sowerby’s beaked whales were recorded worldwide throughout warm temperate occurred during July and August (DFO in the central group of islands in the and tropical oceans (Jefferson et al., Sightings Database 2017). There are Azores from 2002 through 2009 (Pereira 2008). This species is usually sighted in numerous records near the deep waters et al. 2011). Mesoplodont beaked offshore waters but in some cases of the proposed project area, including whales, including True’s, Gervais’, inhabits waters closer shore (e.g., sightings near SIO’s proposed Survey Sowerby’s, and Blainville’s beaked Hawaii, Baird et al., 2013). While Area 5 and near the end of the seismic whale, may be encountered in the records from the U.S. western North transect heading south of Area 5, and on proposed project area. Atlantic have been uncommon, the and east of the Flemish Cap (OBIS combination of sighting, stranding and 2017). Long-finned pilot whales were Northern Bottlenose Whale bycatch records indicates that this also sighted ∼520 km north of Survey Northern bottlenose whales are species routinely occurs in the western Area 1 during the summer 2004 seismic distributed in the North Atlantic from North Atlantic. The pelagic range in the survey by L–DEO (Haley and Koski Nova Scotia to about 70° N in the Davis North Atlantic is usually southward of 2004). The long-finned pilot whale Strait, along the east coast of Greenland ∼30° N but wanderers have been could be encountered in the proposed to 77° N and from England, Norway, recorded as far north as Norway study area. Iceland and the Faroe Islands to the (Jefferson et al., 2015). There is one Bottlenose Dolphin south coast of Svalbard. It is largely a record just to the west of Survey Areas deep-water species and is very seldom 3 and 4, two records on the Mid- Bottlenose dolphins are widely found in waters less than 2,000 m deep Atlantic Ridge between 51° and 52° N, distributed throughout the world in (Mead, 1989; Whitehead and Hooker, and numerous records in and around tropical and warm-temperate waters 2012). There are two records just west the Azores (OBIS 2017). Silva et al. (Perrin et al. 2009). Generally, there are of SIO’s proposed Survey Area 4, four (2014) also reported records for the two distinct bottlenose dolphin records for the Mid-Atlantic Ridge Azores. False killer whales could be ecotypes: One mainly found in coastal ° between 52.8 and 54.3 N, and one encountered in the proposed project waters and one mainly found in oceanic record northeast of the beginning of the area. waters (Duffield et al. 1983; Hoelzel et southwestern-most seismic transect al. 1998; Walker et al. 1999). As well as (OBIS 2017). Northern bottlenose Pygmy Killer Whale inhabiting different areas, these whales were also sighted ∼520 km north The pygmy sperm whale is ecotypes differ in their diving abilities of Survey Area 1 during the summer distributed worldwide in temperate to (Klatsky 2004) and prey types (Mead 2004 seismic survey by L–DEO (Haley tropical waters (Caldwell and Caldwell, and Potter 1995). Only the offshore and Koski 2004). Sightings have also 1989; McAlpine, 2002). Sightings in the ecotype is expected to occur in the been made in the Azores, including western North Atlantic occur in oceanic proposed survey area. Based on during summer (Silva et al. 2014; OBIS waters (Mullin and Fulling, 2003). modeling by Mannocci et al. (2017), 2017). Northern bottlenose whales could There are no records of this species near densities are expected to be low be encountered in the proposed project the proposed project area in the OBIS throughout the deep offshore waters of area. database (OBIS 2017). Pygmy killer the western North Atlantic. However, in the OBIS database, there are records Killer Whale whales are expected to be rare within and near the proposed project area. throughout the North Atlantic, Killer whales have been observed in including in offshore waters near the all oceans and seas of the world Short-Finned Pilot Whale proposed project area between SIO’s (Leatherwood and Dahlheim 1978). Short-finned pilot whales are found in proposed survey transects at 49.3° N, Killer whale distribution in the Western all oceans, primarily in tropical and 42.7° W; near Survey Areas 2, 3, and 4; Atlantic extends from the Arctic ice warm-temperate waters (Carretta et al., near Sites 558 and 563; and west of edge to the West Indies. Although 2016). The species prefers deeper Survey Area 1 near the seismic transect reported from tropical and offshore waters, ranging from 324 m to 4,400 m, (OBIS 2017). Bottlenose dolphins were waters (Heyning and Dahlheim 1988), with most sightings between 500 m and sighted ∼500 km north of Survey Area killer whales prefer the colder waters of 3,000 m (Baird 2016). Although there 1 during the summer 2004 seismic both hemispheres, with greatest are no records near the proposed project survey by L–DEO (Haley and Koski abundances found within 800 km of area, sightings have been reported for 2004). They have also been reported in major continents (Mitchell 1975). Killer the Azores (OBIS 2017). Short-finned the Azores (Morato et al. 2008; Silva et whales have been sighted in shelf and pilot whales could be encountered in al. 2014; OBIS 2017). Bottlenose offshore waters of Newfoundland and the proposed project area. dolphins could be encountered in the Labrador during June to September proposed project area. (DFO Sightings Database 2017; OBIS Long-Finned Pilot Whale 2017). There is one record near SIO’s Long-finned pilot whales occur in Pantropical Spotted Dolphin proposed Survey Area 6, one near the temperate and sub-polar zones (Jefferson The pantropical spotted dolphin is end of the proposed seismic transect et al. 2015) and can be found in inshore distributed worldwide in tropical and heading southwest of Survey Area 6, or offshore waters of the North Atlantic some sub-tropical oceans (Perrin et al. east of the Flemish Cap, and northwest (Olson 2009). In the Northern 1987; Perrin and Hohn 1994). In the of Survey Area 1 (OBIS 2017). One Hemisphere, their range includes the Atlantic, it can occur from ∼40° N to 40° record was made on the Mid-Atlantic U.S. east coast, Gulf of St. Lawrence, the S but is much more abundant in the Ridge at ∼56° N, and there are numerous Azores, Madeira, North Africa, western lower latitudes (Jefferson et al. 2015). records for the Azores (OBIS 2017). Mediterranean Sea, North Sea, Pantropical spotted dolphins are usually
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pelagic, although they occur close to Common Dolphin (Leatherwood et al. 1976; CETAP 1982), shore where water near the coast is deep The common dolphin may be one of across the Atlantic to the Barents Sea (Jefferson et al. 2015). One sighting was the most widely distributed species of and south to at least Portugal (Reeves et made in May 2012 in the proposed al. 1999). It appears to prefer deep ° ° cetaceans, as it is found world-wide in project area at 36.3 N, 53.3 W north of temperate and subtropical seas. It is waters along the outer shelf and slope, but can also occur in shallow areas and the southern-most seismic transect common in coastal waters 200–300 m far offshore (Jefferson et al. 2015). One (OBIS 2017). Pantropical spotted deep (Evans 1994), but it can also occur sighting of white-beaked dolphin was dolphins could be encountered in the thousands of kilometers offshore; the made in the deep waters off proposed project area. pelagic range in the North Atlantic Newfoundland, southwest of SIO’s extends south to ∼35° N (Jefferson et al. Atlantic Spotted Dolphin proposed Survey Area 6 near the 2015). Based on density modeling by proposed seismic transect, during July Atlantic spotted dolphins are Mannocci et al. (2017) for the western 2012 (Ryan et al. 2013). Another distributed in tropical and warm North Atlantic, higher densities occur in sighting was made near the proposed temperate waters of the western North offshore areas north of ∼40° N; very low ° seismic transect southwest of Survey Atlantic (Leatherwood et al., 1976). densities are expected south of 40 N. Area 5 at 50.1° N, 40.8° W during March Based on density modeling by Mannocci There are records throughout the North 2011 (OBIS 2017). White-beaked et al. (2017), Atlantic spotted dolphins Atlantic, including sightings on the dolphins were observed on the Mid- occur throughout the western North shelf and offshore of Newfoundland and Atlantic Ridge at 56.4° N during June Atlantic up to ∼45° N, with slightly the deep waters of the proposed project ° ∼ ° 2004 (Skov et al. 2004). White-beaked higher densities along 40 N and 32 N. area (OBIS 2017). There are sighting dolphins could be encountered in the There are sighting records near SIO’s records just south of SIO’s proposed proposed project area during June–July. proposed Survey Area 2, and between Survey Area 5 along the seismic transect the Grand Banks and the southern-most and near Survey Areas 1–4 (OBIS 2017). Risso’s Dolphin seismic transect (OBIS 2017). One There are numerous records along the Risso’s dolphins are found in tropical sighting was made at 34.0° N, 51.7° W Mid-Atlantic Ridge between 35° and 52° to warm-temperate waters (Carretta et just to the northwest of Survey Area 1 N (Doks#ter et al. 2008; OBIS 2017). al., 2016). The species occurs from during the spring 2013 L–DEO seismic Common dolphins also occur in the coastal to deep water but is most often survey in the Mid-Atlantic (Milne et al. Azores (Morato et al. 2008; Ryan et al. found in depths greater than 3,000 m 2013). Atlantic spotted dolphins were 2013; Silva et al. 2014; OBIS 2017). with the highest sighting rate in depths also sighted ∼520 km north of Survey Common dolphins could be greater than 4,500 m (Baird 2016). It Area 1 during the summer 2004 seismic encountered in the proposed project primarily occurs between 60° N and 60° survey by L–DEO (Haley and Koski area. S where surface water temperatures are ° 2004). Sightings have also been made Atlantic White-Sided Dolphin at least 10 C (Kruse et al. 1999). Based near the Azores, including during spring on density modeling by Mannocci et al. and summer (Morato et al. 2008; Ryan White-sided dolphins are found in (2017) for the western North Atlantic, et al. 2013; Silva et al. 2014; OBIS 2017). temperate and sub-polar waters of the higher densities are expected to occur Atlantic spotted dolphins could be North Atlantic, primarily in continental north of 40° N; very low densities are encountered in the proposed project shelf waters to the 100-m depth contour. expected south of 40° N. There is one area. In the western North Atlantic the sighting record near SIO’s proposed species inhabits waters from central Survey Area 4, just north of the end of Striped Dolphin West Greenland to North Carolina the proposed seismic transect; and one (about 35° N) and perhaps as far east as sighting has been reported near Survey Striped dolphins are found in tropical 29° W in the vicinity of the mid-Atlantic Area 2 (OBIS 2017). There are numerous to warm-temperate waters throughout Ridge (Evans 1987; Hamazaki 2002; records for the Azores (Silva et al. 2014; the world (Carretta et al., 2016). Striped Doksaeter et al. 2008; Waring et al. OBIS 2017). Risso’s dolphin could be dolphins are a deep water species, 2008). Based on density modeling by encountered in the proposed project preferring depths greater than 3,500 m Mannocci et al. (2017) for the western area during June–July. (Baird 2016), but have been observed North Atlantic, densities are highest approaching shore where there is deep north of 40° N, with densities gradually Harbor Porpoise water close to the coast (Jefferson et al. decreasing to the south. Sighting records The harbor porpoise inhabits 2008). Based on density modeling by exist within or near the proposed temperate, subarctic, and arctic waters. Mannocci et al. (2017) for the western project area, including near SIO’s It is typically found in shallow water North Atlantic, higher densities are proposed Survey Areas 5 and 6, along (<100 m) nearshore, but it is expected in offshore waters north of the seismic transect heading southwest occasionally sighted in deeper offshore ∼38° N, with the lowest densities south of Survey Area 6, near Survey Areas 3 water (Jefferson et al. 2015). In the of ∼30° N. There are sighting records for and 4, Site 563, and north of Survey western North Atlantic, it occurs from the deep offshore waters between the Area 1 (OBIS 2017). There are also the southeastern United States to Baffin coast of Canada and the Mid-Atlantic several records along the Mid-Atlantic Island; in the eastern North Atlantic Ridge for May through August, Ridge between 35° and 60° N (Doks#ter (Jefferson et al. 2015). The harbor including near SIO’s proposed Survey et al. 2008; OBIS 2017). Atlantic white- porpoise is generally considered Areas 2 and 3 (OBIS 2017). Sightings sided dolphins are likely to be uncommon in the offshore regions of the were also made in June 2004 along the encountered in the proposed project proposed project area, although Mid-Atlantic Ridge between 41° and 49° area during June–July. sightings have been made along the N (Doks#ter et al. 2008). Striped outer shelf of Newfoundland and the dolphins also occur in the Azores (Ryan White-Beaked Dolphin Flemish Cap (DFO Sightings Database et al. 2013; Silva et al. 2014; OBIS 2017). The white-beaked dolphin is found in 2017; OBIS 2017). Mannocci et al. Striped dolphins could be encountered waters from southern New England to (2017) reported relatively high densities in the proposed project area. southern Greenland and Davis Straits in offshore waters north of ∼40° N; very
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low densities are expected to occur especially juveniles, have been reported on the basis of recent echolocation data south of ∼38° N. Harbor porpoises have in the Azores and off northwestern and genetic data): Generalized hearing is been sighted in the Azores from May Africa (Jefferson et al. 2015). However, estimated to occur between through September (OBIS 2017). Given there are no sightings in the OBIS approximately 275 Hz and 160 kHz; and their preference for coastal waters, database for the proposed project area • Pinnipeds in water; Phocidae (true harbor porpoises are expected to be (OBIS 2017). Hooded seals are likely to seals): Generalized hearing is estimated uncommon near the proposed survey be rare within and near the proposed to occur between approximately 50 Hz area. project area during June–July. to 86 kH. The pinniped functional hearing Ringed Seal Marine Mammal Hearing group was modified from Southall et al. Ringed seals have a circumpolar Hearing is the most important sensory (2007) on the basis of data indicating distribution and are found in all modality for marine mammals that phocid species have consistently seasonally ice-covered seas of the underwater, and exposure to demonstrated an extended frequency Northern Hemisphere as well as in anthropogenic sound can have range of hearing compared to otariids, certain freshwater lakes (King 1983). deleterious effects. To appropriately especially in the higher frequency range The subspecies P.h. hispida (Arctic assess the potential effects of exposure (Hemila¨ et al., 2006; Kastelein et al., ringed seal) occurs in the Northwest to sound, it is necessary to understand 2009; Reichmuth and Holt, 2013). Atlantic Ocean. The southern range of the frequency ranges marine mammals For more detail concerning these the ringed seal extends to the coasts of are able to hear. Current data indicate groups and associated frequency ranges, Labrador and northern Newfoundland, that not all marine mammal species please see NMFS (2016) for a review of where it most commonly occurs from have equal hearing capabilities (e.g., available information. Thirty-three November to January (Stenson 1994). As Richardson et al., 1995; Wartzok and marine mammal species (thirty cetacean the range of this species includes the Ketten, 1999; Au and Hastings, 2008). and three pinniped (all phocid) species) waters off southern Greenland and the To reflect this, Southall et al. (2007) have the reasonable potential to co- Labrador Sea, it could be encountered in recommended that marine mammals be occur with the proposed survey the proposed project area, but ringed divided into functional hearing groups activities. Please refer to Table 2. Of the seals are likely to be rare within and based on directly measured or estimated cetacean species that may be present, near the proposed project area. hearing ranges on the basis of available six are classified as low-frequency behavioral response data, audiograms cetaceans (i.e., all mysticete species), Harp Seal derived using auditory evoked potential twenty-two are classified as mid- The harp seal occurs throughout techniques, anatomical modeling, and frequency cetaceans (i.e., all delphinid much of the North Atlantic and Arctic other data. Note that no direct species, beaked whales, and the sperm Oceans (Ronald and Healey 1981; measurements of hearing ability have whale), and three are classified as a Lavigne and Kovacs 1988). Harp seals been successfully completed for high-frequency cetaceans (i.e., harbor are highly migratory (Sergeant 1965; mysticetes (i.e., low-frequency porpoise, pygmy and dwarf sperm Stenson and Sjare 1997). Breeding cetaceans). Subsequently, NMFS (2016) whales). occurs at different times for each stock described generalized hearing ranges for between late February and April. Adults these marine mammal hearing groups. Potential Effects of Specified Activities then assemble on suitable pack ice to Generalized hearing ranges were chosen on Marine Mammals and Their Habitat undergo the annual molt. The migration based on the approximately 65 dB This section includes a summary and then continues north to Arctic summer threshold from the normalized discussion of the ways that components feeding grounds. Harp seals have mainly composite audiograms, with the of the specified activity may impact been sighted on the shelf off exception for lower limits for low- marine mammals and their habitat. The Newfoundland, but there are no frequency cetaceans where the lower ‘‘Estimated Take by Incidental sightings in the OBIS database for the bound was deemed to be biologically Harassment’’ section later in this proposed project area (OBIS 2017). Harp implausible and the lower bound from document includes a quantitative seals are likely to be rare within and Southall et al. (2007) retained. The analysis of the number of individuals near the proposed project area during functional groups and the associated that are expected to be taken by this June–July. frequencies are indicated below (note activity. The ‘‘Negligible Impact Analysis and Determination’’ section Hooded Seal that these frequency ranges correspond to the range for the composite group, considers the content of this section, the The hooded seal occurs throughout with the entire range not necessarily ‘‘Estimated Take by Incidental much of the North Atlantic and Arctic reflecting the capabilities of every Harassment’’ section, and the ‘‘Proposed Oceans (King 1983) preferring deeper species within that group): Mitigation’’ section, to draw water and occurring farther offshore • Low-frequency cetaceans conclusions regarding the likely impacts than harp seals (Sergeant 1976a; (mysticetes): Generalized hearing is of these activities on the reproductive Campbell 1987; Lavigne and Kovacs estimated to occur between success or survivorship of individuals 1988; Stenson et al. 1996). Hooded seals approximately 7 Hertz (Hz) and 35 and how those impacts on individuals remain on the Newfoundland kilohertz (kHz); are likely to impact marine mammal continental shelf during winter/spring • Mid-frequency cetaceans (larger species or stocks. (Stenson et al. 1996) and breeding toothed whales, beaked whales, and occurs in March. Hooded seals have most delphinids): Generalized hearing is Description of Active Acoustic Sound been reported in shelf and offshore estimated to occur between Sources waters of Newfoundland throughout the approximately 150 Hz and 160 kHz; This section contains a brief technical year, including west of Survey Area 6 • High-frequency cetaceans background on sound, the and near the seismic transect southwest (porpoises, river dolphins, and members characteristics of certain sound types, of SIO’s proposed Survey Area 6, during of the genera Kogia and and on metrics used in this proposal summer (Stenson and Kavanagh 1994; Cephalorhynchus; including two inasmuch as the information is relevant Andersen et al. 2009, 2012). Vagrants, members of the genus Lagenorhynchus, to the specified activity and to a
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discussion of the potential effects of the and peak negative sound pressures. • Anthropogenic: Sources of ambient specified activity on marine mammals Peak-to-peak pressure is typically sound related to human activity include found later in this document. approximately 6 dB higher than peak transportation (surface vessels), Sound travels in waves, the basic pressure (Southall et al., 2007). dredging and construction, oil and gas components of which are frequency, When underwater objects vibrate or drilling and production, seismic wavelength, velocity, and amplitude. activity occurs, sound-pressure waves surveys, sonar, explosions, and ocean Frequency is the number of pressure are created. These waves alternately acoustic studies. Vessel noise typically waves that pass by a reference point per compress and decompress the water as dominates the total ambient sound for unit of time and is measured in Hz or the sound wave travels. Underwater frequencies between 20 and 300 Hz. In cycles per second. Wavelength is the sound waves radiate in a manner similar general, the frequencies of distance between two peaks or to ripples on the surface of a pond and anthropogenic sounds are below 1 kHz corresponding points of a sound wave may be either directed in a beam or and, if higher frequency sound levels (length of one cycle). Higher frequency beams or may radiate in all directions are created, they attenuate rapidly. sounds have shorter wavelengths than (omnidirectional sources), as is the case Sound from identifiable anthropogenic lower frequency sounds, and typically for pulses produced by the airgun arrays sources other than the activity of attenuate (decrease) more rapidly, considered here. The compressions and interest (e.g., a passing vessel) is except in certain cases in shallower decompressions associated with sound sometimes termed background sound, as water. Amplitude is the height of the waves are detected as changes in opposed to ambient sound. sound pressure wave or the ‘‘loudness’’ pressure by aquatic life and man-made The sum of the various natural and of a sound and is typically described sound receptors such as hydrophones. anthropogenic sound sources at any using the relative unit of the decibel Even in the absence of sound from the given location and time—which (dB). A sound pressure level (SPL) in dB specified activity, the underwater comprise ‘‘ambient’’ or ‘‘background’’ is described as the ratio between a environment is typically loud due to sound—depends not only on the source measured pressure and a reference ambient sound. Ambient sound is levels (as determined by current pressure (for underwater sound, this is defined as environmental background weather conditions and levels of 1 microPascal (mPa)) and is a sound levels lacking a single source or biological and human activity) but also logarithmic unit that accounts for large point (Richardson et al., 1995), and the on the ability of sound to propagate variations in amplitude; therefore, a sound level of a region is defined by the through the environment. In turn, sound relatively small change in dB total acoustical energy being generated propagation is dependent on the corresponds to large changes in sound by known and unknown sources. These spatially and temporally varying pressure. The source level (SL) sources may include physical (e.g., properties of the water column and sea represents the SPL referenced at a wind and waves, earthquakes, ice, floor, and is frequency-dependent. As a distance of 1 m from the source atmospheric sound), biological (e.g., result of the dependence on a large (referenced to 1 mPa) while the received sounds produced by marine mammals, number of varying factors, ambient level is the SPL at the listener’s position fish, and invertebrates), and sound levels can be expected to vary (referenced to 1 mPa). anthropogenic (e.g., vessels, dredging, widely over both coarse and fine spatial Root mean square (rms) is the construction) sound. A number of and temporal scales. Sound levels at a quadratic mean sound pressure over the sources contribute to ambient sound, given frequency and location can vary duration of an impulse. Root mean including the following (Richardson et by 10–20 dB from day to day square is calculated by squaring all of al., 1995): (Richardson et al., 1995). The result is the sound amplitudes, averaging the • Wind and waves: The complex that, depending on the source type and squares, and then taking the square root interactions between wind and water its intensity, sound from a given activity of the average (Urick, 1983). Root mean surface, including processes such as may be a negligible addition to the local square accounts for both positive and breaking waves and wave-induced environment or could form a distinctive negative values; squaring the pressures bubble oscillations and cavitation, are a signal that may affect marine mammals. makes all values positive so that they main source of naturally occurring Details of source types are described in may be accounted for in the summation ambient sound for frequencies between the following text. of pressure levels (Hastings and Popper, 200 Hz and 50 kilohertz (kHz) (Mitson, Sounds are often considered to fall 2005). This measurement is often used 1995). In general, ambient sound levels into one of two general types: Pulsed in the context of discussing behavioral tend to increase with increasing wind and non-pulsed (defined in the effects, in part because behavioral speed and wave height. Surf sound following). The distinction between effects, which often result from auditory becomes important near shore, with these two sound types is important cues, may be better expressed through measurements collected at a distance of because they have differing potential to averaged units than by peak pressures. 8.5 km from shore showing an increase cause physical effects, particularly with Sound exposure level (SEL; of 10 dB in the 100 to 700 Hz band regard to hearing (e.g., Ward, 1997 in represented as dB re 1 mPa2-s) represents during heavy surf conditions; Southall et al., 2007). Please see the total energy contained within a • Precipitation: Sound from rain and Southall et al. (2007) for an in-depth pulse and considers both intensity and hail impacting the water surface can discussion of these concepts. duration of exposure. Peak sound become an important component of total Pulsed sound sources (e.g., airguns, pressure (also referred to as zero-to-peak sound at frequencies above 500 Hz, and explosions, gunshots, sonic booms, sound pressure or 0-p) is the maximum possibly down to 100 Hz during quiet impact pile driving) produce signals instantaneous sound pressure times; that are brief (typically considered to be measurable in the water at a specified • Biological: Marine mammals can less than one second), broadband, atonal distance from the source and is contribute significantly to ambient transients (ANSI, 1986, 2005; Harris, represented in the same units as the rms sound levels, as can some fish and 1998; NIOSH, 1998; ISO, 2003) and sound pressure. Another common snapping shrimp. The frequency band occur either as isolated events or metric is peak-to-peak sound pressure for biological contributions is from repeated in some succession. Pulsed (pk-pk), which is the algebraic approximately 12 Hz to over 100 kHz; sounds are all characterized by a difference between the peak positive and relatively rapid rise from ambient
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pressure to a maximal pressure value the MBES would result in no more than responsiveness. Third is a zone within followed by a rapid decay period that one or two brief ping exposures of any which, for signals of high intensity, the may include a period of diminishing, individual marine mammal, if any received level is sufficient to potentially oscillating maximal and minimal exposure were to occur. Thus, we cause discomfort or tissue damage to pressures, and generally have an conclude that the likelihood of marine auditory or other systems. Overlaying increased capacity to induce physical mammal take resulting from MBES these zones to a certain extent is the injury as compared with sounds that exposure is discountable and therefore area within which masking (i.e., when a lack these features. we do not consider noise from the sound interferes with or masks the Non-pulsed sounds can be tonal, MBES further in this analysis. ability of an animal to detect a signal of narrowband, or broadband, brief or interest that is above the absolute Acoustic Impacts prolonged, and may be either hearing threshold) may occur; the continuous or non-continuous (ANSI, Potential Effects of Underwater masking zone may be highly variable in 1995; NIOSH, 1998). Some of these non- Sound—Please refer to the information size. pulsed sounds can be transient signals given previously (‘‘Description of Active We describe the more severe effects of short duration but without the Acoustic Sound Sources’’) regarding certain non-auditory physical or essential properties of pulses (e.g., rapid sound, characteristics of sound types, physiological effects only briefly as we rise time). Examples of non-pulsed and metrics used in this document. Note do not expect that use of airgun arrays sounds include those produced by that, in the following discussion, we are reasonably likely to result in such vessels, aircraft, machinery operations refer in many cases to a recent review effects (see below for further such as drilling or dredging, vibratory article concerning studies of noise- discussion). Potential effects from pile driving, and active sonar systems induced hearing loss conducted from impulsive sound sources can range in (such as those used by the U.S. Navy). 1996–2015 (i.e., Finneran, 2015). For severity from effects such as behavioral The duration of such sounds, as study-specific citations, please see that disturbance or tactile perception to received at a distance, can be greatly work. Anthropogenic sounds cover a physical discomfort, slight injury of the extended in a highly reverberant broad range of frequencies and sound internal organs and the auditory system, environment. levels and can have a range of highly or mortality (Yelverton et al., 1973). Airgun arrays produce pulsed signals variable impacts on marine life, from Non-auditory physiological effects or with energy in a frequency range from none or minor to potentially severe injuries that theoretically might occur in about 10–2,000 Hz, with most energy responses, depending on received marine mammals exposed to high level radiated at frequencies below 200 Hz. levels, duration of exposure, behavioral underwater sound or as a secondary The amplitude of the acoustic wave context, and various other factors. The effect of extreme behavioral reactions emitted from the source is equal in all potential effects of underwater sound (e.g., change in dive profile as a result directions (i.e., omnidirectional), but from active acoustic sources can of an avoidance reaction) caused by airgun arrays do possess some potentially result in one or more of the exposure to sound include neurological directionality due to different phase following: Temporary or permanent effects, bubble formation, resonance delays between guns in different hearing impairment, non-auditory effects, and other types of organ or directions. Airgun arrays are typically physical or physiological effects, tissue damage (Cox et al., 2006; Southall tuned to maximize functionality for data behavioral disturbance, stress, and et al., 2007; Zimmer and Tyack, 2007; acquisition purposes, meaning that masking (Richardson et al., 1995; Tal et al., 2015). The survey activities sound transmitted in horizontal Gordon et al., 2004; Nowacek et al., considered here do not involve the use directions and at higher frequencies is 2007; Southall et al., 2007; Go¨tz et al., of devices such as explosives or mid- minimized to the extent possible. 2009). The degree of effect is frequency tactical sonar that are As described above, a MBES and a intrinsically related to the signal associated with these types of effects. SBP would also be operated from the characteristics, received level, distance 1. Threshold Shift—Marine mammals Atlantis continuously throughout the from the source, and duration of the exposed to high-intensity sound, or to survey, but not during transits to and sound exposure. In general, sudden, lower-intensity sound for prolonged from the project area. Due to the lower high level sounds can cause hearing periods, can experience hearing source level of the SBP relative to the loss, as can longer exposures to lower threshold shift (TS), which is the loss of Atlantis’s airgun array, the sounds from level sounds. Temporary or permanent hearing sensitivity at certain frequency the SBP are expected to be effectively loss of hearing will occur almost ranges (Finneran, 2015). TS can be subsumed by the sounds from the exclusively for noise within an animal’s permanent (PTS), in which case the loss airgun array. Thus, any marine mammal hearing range. We first describe specific of hearing sensitivity is not fully that was exposed to sounds from the manifestations of acoustic effects before recoverable, or temporary (TTS), in SBP would already have been exposed providing discussion specific to the use which case the animal’s hearing to sounds from the airgun array, which of airguns. threshold would recover over time are expected to propagate further in the Richardson et al. (1995) described (Southall et al., 2007). Repeated sound water. As such, the SBP is not expected zones of increasing intensity of effect exposure that leads to TTS could cause to result in the take of any marine that might be expected to occur, in PTS. In severe cases of PTS, there can mammal that has not already been taken relation to distance from a source and be total or partial deafness, while in by the sounds from the airgun array, and assuming that the signal is within an most cases the animal has an impaired therefore we do not consider noise from animal’s hearing range. First is the area ability to hear sounds in specific the SBP further in this analysis. Each within which the acoustic signal would frequency ranges (Kryter, 1985). ping emitted by the MBES consists of be audible (potentially perceived) to the When PTS occurs, there is physical four successive fan-shaped animal, but not strong enough to elicit damage to the sound receptors in the ear transmissions, each ensonifying a sector any overt behavioral or physiological (i.e., tissue damage), whereas TTS that extends 1° fore–aft. Given the response. The next zone corresponds represents primarily tissue fatigue and movement and speed of the vessel, the with the area where the signal is audible is reversible (Southall et al., 2007). In intermittent and narrow downward- to the animal and of sufficient intensity addition, other investigators have directed nature of the sounds emitted by to elicit behavioral or physiological suggested that TTS is within the normal
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bounds of physiological variability and may be able to readily compensate for TTS for various stimuli. For summaries tolerance and does not represent a brief, relatively small amount of TTS of data on TTS in marine mammals or physical injury (e.g., Ward, 1997). in a non-critical frequency range that for further discussion of TTS onset Therefore, NMFS does not consider TTS occurs during a time where ambient thresholds, please see Southall et al. to constitute auditory injury. noise is lower and there are not as many (2007), Finneran and Jenkins (2012), Relationships between TTS and PTS competing sounds present. Finneran (2015), and NMFS (2016). thresholds have not been studied in Alternatively, a larger amount and 2. Behavioral Effects—Behavioral marine mammals, and there is no PTS longer duration of TTS sustained during disturbance may include a variety of data for cetaceans but such relationships time when communication is critical for effects, including subtle changes in are assumed to be similar to those in successful mother/calf interactions behavior (e.g., minor or brief avoidance humans and other terrestrial mammals. could have more serious impacts. of an area or changes in vocalizations), PTS typically occurs at exposure levels Finneran et al. (2015) measured more conspicuous changes in similar at least several decibels above (a 40-dB hearing thresholds in three captive behavioral activities, and more threshold shift approximates PTS onset; bottlenose dolphins before and after sustained and/or potentially severe e.g., Kryter et al., 1966; Miller, 1974) exposure to ten pulses produced by a reactions, such as displacement from or that inducing mild TTS (a 6-dB seismic airgun in order to study TTS abandonment of high-quality habitat. threshold shift approximates TTS onset; induced after exposure to multiple Behavioral responses to sound are e.g., Southall et al. 2007). Based on data pulses. Exposures began at relatively highly variable and context-specific and from terrestrial mammals, a low levels and gradually increased over any reactions depend on numerous precautionary assumption is that the a period of several months, with the intrinsic and extrinsic factors (e.g., PTS thresholds for impulse sounds highest exposures at peak SPLs from species, state of maturity, experience, (such as airgun pulses as received close 196 to 210 dB and cumulative current activity, reproductive state, to the source) are at least 6 dB higher (unweighted) SELs from 193–195 dB. auditory sensitivity, time of day), as than the TTS threshold on a peak- No substantial TTS was observed. In well as the interplay between factors pressure basis and PTS cumulative addition, behavioral reactions were (e.g., Richardson et al., 1995; Wartzok et sound exposure level (SELcum) observed that indicated that animals can al., 2003; Southall et al., 2007; Weilgart, thresholds are 15 to 20 dB higher than learn behaviors that effectively mitigate 2007; Archer et al., 2010). Behavioral TTS SELcum thresholds (Southall et al., noise exposures (although exposure reactions can vary not only among 2007). Given the higher level of sound patterns must be learned, which is less individuals but also within an or longer exposure duration necessary to likely in wild animals than for the individual, depending on previous cause PTS as compared with TTS, it is captive animals considered in this experience with a sound source, considerably less likely that PTS could study). The authors note that the failure context, and numerous other factors occur. to induce more significant auditory (Ellison et al., 2012), and can vary For mid-frequency cetaceans in effects likely due to the intermittent depending on characteristics associated particular, potential protective nature of exposure, the relatively low with the sound source (e.g., whether it mechanisms may help limit onset of peak pressure produced by the acoustic is moving or stationary, number of TTS or prevent onset of PTS. Such source, and the low-frequency energy in sources, distance from the source). mechanisms include dampening of airgun pulses as compared with the Please see Appendices B–C of Southall hearing, auditory adaptation, or frequency range of best sensitivity for et al. (2007) for a review of studies behavioral amelioration (e.g., Nachtigall dolphins and other mid-frequency involving marine mammal behavioral and Supin, 2013; Miller et al., 2012; cetaceans. responses to sound. Finneran et al., 2015; Popov et al., Currently, TTS data only exist for four Habituation can occur when an 2016). species of cetaceans (bottlenose animal’s response to a stimulus wanes TTS is the mildest form of hearing dolphin, beluga whale, harbor porpoise, with repeated exposure, usually in the impairment that can occur during and Yangtze finless porpoise) exposed absence of unpleasant associated events exposure to sound (Kryter, 1985). While to a limited number of sound sources (Wartzok et al., 2003). Animals are most experiencing TTS, the hearing threshold (i.e., mostly tones and octave-band likely to habituate to sounds that are rises, and a sound must be at a higher noise) in laboratory settings (Finneran, predictable and unvarying. It is level in order to be heard. In terrestrial 2015). In general, harbor porpoises have important to note that habituation is and marine mammals, TTS can last from a lower TTS onset than other measured appropriately considered as a minutes or hours to days (in cases of cetacean species (Finneran, 2015). ‘‘progressive reduction in response to strong TTS). In many cases, hearing Additionally, the existing marine stimuli that are perceived as neither sensitivity recovers rapidly after mammal TTS data come from a limited aversive nor beneficial,’’ rather than as, exposure to the sound ends. Few data number of individuals within these more generally, moderation in response on sound levels and durations necessary species. There are no data available on to human disturbance (Bejder et al., to elicit mild TTS have been obtained noise-induced hearing loss for 2009). The opposite process is for marine mammals. mysticetes. sensitization, when an unpleasant Marine mammal hearing plays a Critical questions remain regarding experience leads to subsequent critical role in communication with the rate of TTS growth and recovery responses, often in the form of conspecifics, and interpretation of after exposure to intermittent noise and avoidance, at a lower level of exposure. environmental cues for purposes such the effects of single and multiple pulses. As noted, behavioral state may affect the as predator avoidance and prey capture. Data at present are also insufficient to type of response. For example, animals Depending on the degree (elevation of construct generalized models for that are resting may show greater threshold in dB), duration (i.e., recovery recovery and determine the time behavioral change in response to time), and frequency range of TTS, and necessary to treat subsequent exposures disturbing sound levels than animals the context in which it is experienced, as independent events. More that are highly motivated to remain in TTS can have effects on marine information is needed on the an area for feeding (Richardson et al., mammals ranging from discountable to relationship between auditory evoked 1995; NRC, 2003; Wartzok et al., 2003). serious. For example, a marine mammal potential and behavioral measures of Controlled experiments with captive
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marine mammals have showed presentation, as well as differences in 2005, 2006; Gailey et al., 2007; Gailey et pronounced behavioral reactions, species sensitivity, are likely al., 2016). including avoidance of loud sound contributing factors to differences in Marine mammals vocalize for sources (Ridgway et al., 1997). Observed response in any given circumstance different purposes and across multiple responses of wild marine mammals to (e.g., Croll et al. 2001; Nowacek et al. modes, such as whistling, echolocation loud pulsed sound sources (typically 2004; Madsen et al. 2006; Yazvenko et click production, calling, and singing. seismic airguns or acoustic harassment al. 2007). A determination of whether Changes in vocalization behavior in devices) have been varied but often foraging disruptions incur fitness response to anthropogenic noise can consist of avoidance behavior or other consequences would require occur for any of these modes and may behavioral changes suggesting information on or estimates of the result from a need to compete with an discomfort (Morton and Symonds, 2002; energetic requirements of the affected increase in background noise or may see also Richardson et al., 1995; individuals and the relationship reflect increased vigilance or a startle Nowacek et al., 2007). However, many between prey availability, foraging effort response. For example, in the presence delphinids approach acoustic source and success, and the life history stage of of potentially masking signals, vessels with no apparent discomfort or the animal. humpback whales and killer whales obvious behavioral change (e.g., Visual tracking, passive acoustic have been observed to increase the Barkaszi et al., 2012). monitoring, and movement recording length of their songs (Miller et al., 2000; Available studies show wide variation tags were used to quantify sperm whale Fristrup et al., 2003; Foote et al., 2004), in response to underwater sound; behavior prior to, during, and following while right whales have been observed therefore, it is difficult to predict exposure to airgun arrays at received to shift the frequency content of their specifically how any given sound in a levels in the range 140–160 dB at calls upward while reducing the rate of particular instance might affect marine distances of 7–13 km, following a phase- calling in areas of increased mammals perceiving the signal. If a in of sound intensity and full array anthropogenic noise (Parks et al., 2007). marine mammal does react briefly to an exposures at 1–13 km (Madsen et al., In some cases, animals may cease sound underwater sound by changing its 2006; Miller et al., 2009). Sperm whales production during production of behavior or moving a small distance, the did not exhibit horizontal avoidance aversive signals (Bowles et al., 1994). Cerchio et al. (2014) used passive impacts of the change are unlikely to be behavior at the surface. However, acoustic monitoring to document the significant to the individual, let alone foraging behavior may have been presence of singing humpback whales the stock or population. However, if a affected. The sperm whales exhibited 19 sound source displaces marine off the coast of northern Angola and to percent less vocal (buzz) rate during full mammals from an important feeding or opportunistically test for the effect of exposure relative to post exposure, and breeding area for a prolonged period, seismic survey activity on the number of the whale that was approached most impacts on individuals and populations singing whales. Two recording units closely had an extended resting period could be significant (e.g., Lusseau and were deployed between March and and did not resume foraging until the Bejder, 2007; Weilgart, 2007; NRC, December 2008 in the offshore airguns had ceased firing. The 2005). However, there are broad environment; numbers of singers were remaining whales continued to execute categories of potential response, which counted every hour. Generalized foraging dives throughout exposure; we describe in greater detail here, that Additive Mixed Models were used to however, swimming movements during include alteration of dive behavior, assess the effect of survey day alteration of foraging behavior, effects to foraging dives were six percent lower (seasonality), hour (diel variation), breathing, interference with or alteration during exposure than control periods moon phase, and received levels of of vocalization, avoidance, and flight. (Miller et al., 2009). These data raise noise (measured from a single pulse Changes in dive behavior can vary concerns that seismic surveys may during each ten minute sampled period) widely, and may consist of increased or impact foraging behavior in sperm on singer number. The number of decreased dive times and surface whales, although more data are required singers significantly decreased with intervals as well as changes in the rates to understand whether the differences increasing received level of noise, of ascent and descent during a dive (e.g., were due to exposure or natural suggesting that humpback whale Frankel and Clark 2000; Ng and Leung variation in sperm whale behavior breeding activity was disrupted to some 2003; Nowacek et al. 2004; Goldbogen et (Miller et al., 2009). extent by the survey activity. al. 2013). Variations in dive behavior Variations in respiration naturally Castellote et al. (2012) reported may reflect interruptions in biologically vary with different behaviors and acoustic and behavioral changes by fin significant activities (e.g., foraging) or alterations to breathing rate as a whales in response to shipping and they may be of little biological function of acoustic exposure can be airgun noise. Acoustic features of fin significance. The impact of an alteration expected to co-occur with other whale song notes recorded in the to dive behavior resulting from an behavioral reactions, such as a flight Mediterranean Sea and northeast acoustic exposure depends on what the response or an alteration in diving. Atlantic Ocean were compared for areas animal is doing at the time of the However, respiration rates in and of with different shipping noise levels and exposure and the type and magnitude of themselves may be representative of traffic intensities and during a seismic the response. annoyance or an acute stress response. airgun survey. During the first 72 hours Disruption of feeding behavior can be Various studies have shown that of the survey, a steady decrease in song difficult to correlate with anthropogenic respiration rates may either be received levels and bearings to singers sound exposure, so it is usually inferred unaffected or could increase, depending indicated that whales moved away from by observed displacement from known on the species and signal characteristics, the acoustic source and out of the study foraging areas, the appearance of again highlighting the importance in area. This displacement persisted for a secondary indicators (e.g., bubble nets understanding species differences in the time period well beyond the 10-day or sediment plumes), or changes in dive tolerance of underwater noise when duration of seismic airgun activity, behavior. As for other types of determining the potential for impacts providing evidence that fin whales may behavioral response, the frequency, resulting from anthropogenic sound avoid an area for an extended period in duration, and temporal pattern of signal exposure (e.g., Kastelein et al., 2001, the presence of increased noise. The
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authors hypothesize that fin whale A flight response is a dramatic change substantive behavioral reactions and acoustic communication is modified to in normal movement to a directed and multi-day anthropogenic activities. For compensate for increased background rapid movement away from the example, just because an activity lasts noise and that a sensitization process perceived location of a sound source. for multiple days does not necessarily may play a role in the observed The flight response differs from other mean that individual animals are either temporary displacement. avoidance responses in the intensity of exposed to activity-related stressors for Seismic pulses at average received the response (e.g., directed movement, multiple days or, further, exposed in a levels of 131 dB re 1 mPa2-s caused blue rate of travel). Relatively little manner resulting in sustained multi-day whales to increase call production (Di information on flight responses of substantive behavioral responses. Iorio and Clark, 2010). In contrast, marine mammals to anthropogenic Stone (2015) reported data from at-sea McDonald et al. (1995) tracked a blue signals exist, although observations of observations during 1,196 seismic whale with seafloor seismometers and flight responses to the presence of surveys from 1994 to 2010. When large reported that it stopped vocalizing and predators have occurred (Connor and arrays of airguns (considered to be 500 3 changed its travel direction at a range of Heithaus, 1996). The result of a flight in or more) were firing, lateral 10 km from the acoustic source vessel response could range from brief, displacement, more localized (estimated received level 143 dB pk-pk). temporary exertion and displacement avoidance, or other changes in behavior Blackwell et al. (2013) found that from the area where the signal provokes were evident for most odontocetes. bowhead whale call rates dropped flight to, in extreme cases, marine However, significant responses to large significantly at onset of airgun use at mammal strandings (Evans and arrays were found only for the minke sites with a median distance of 41–45 England, 2001). However, it should be whale and fin whale. Behavioral km from the survey. Blackwell et al. noted that response to a perceived responses observed included changes in (2015) expanded this analysis to show predator does not necessarily invoke swimming or surfacing behavior, with that whales actually increased calling flight (Ford and Reeves, 2008), and indications that cetaceans remained rates as soon as airgun signals were whether individuals are solitary or in near the water surface at these times. detectable before ultimately decreasing groups may influence the response. Cetaceans were recorded as feeding less calling rates at higher received levels Behavioral disturbance can also often when large arrays were active. impact marine mammals in more subtle Behavioral observations of gray whales (i.e., 10-minute SELcum of ∼127 dB). Overall, these results suggest that ways. Increased vigilance may result in during a seismic survey monitored costs related to diversion of focus and bowhead whales may adjust their vocal whale movements and respirations attention (i.e., when a response consists pre-, during and post-seismic survey output in an effort to compensate for of increased vigilance, it may come at (Gailey et al., 2016). Behavioral state noise before ceasing vocalization effort the cost of decreased attention to other and water depth were the best ‘natural’ and ultimately deflecting from the critical behaviors such as foraging or predictors of whale movements and acoustic source (Blackwell et al., 2013, resting). These effects have generally not respiration and, after considering 2015). These studies demonstrate that been demonstrated for marine natural variation, none of the response even low levels of noise received far mammals, but studies involving fish variables were significantly associated from the source can induce changes in and terrestrial animals have shown that with seismic survey or vessel sounds. vocalization and/or behavior for increased vigilance may substantially 3. Stress Responses—An animal’s mysticetes. reduce feeding rates (e.g., Beauchamp perception of a threat may be sufficient Avoidance is the displacement of an and Livoreil 1997; Fritz et al. 2002; to trigger stress responses consisting of individual from an area or migration Purser and Radford 2011). In addition, some combination of behavioral path as a result of the presence of a chronic disturbance can cause responses, autonomic nervous system sound or other stressors, and is one of population declines through reduction responses, neuroendocrine responses, or the most obvious manifestations of of fitness (e.g., decline in body immune responses (e.g., Seyle, 1950; disturbance in marine mammals condition) and subsequent reduction in Moberg 2000). In many cases, an (Richardson et al., 1995). For example, reproductive success, survival, or both animal’s first and sometimes most gray whales are known to change (e.g., Harrington and Veitch 1992; Daan economical (in terms of energetic costs) direction—deflecting from customary et al. 1996; Bradshaw et al. 1998). response is behavioral avoidance of the migratory paths—in order to avoid noise However, Ridgway et al. (2006) reported potential stressor. Autonomic nervous from seismic surveys (Malme et al., that increased vigilance in bottlenose system responses to stress typically 1984). Humpback whales showed dolphins exposed to sound over a five- involve changes in heart rate, blood avoidance behavior in the presence of day period did not cause any sleep pressure, and gastrointestinal activity. an active seismic array during deprivation or stress effects. These responses have a relatively short observational studies and controlled Many animals perform vital functions, duration and may or may not have a exposure experiments in western such as feeding, resting, traveling, and significant long-term effect on an Australia (McCauley et al., 2000). socializing, on a diel cycle (24-hour animal’s fitness. Avoidance may be short-term, with cycle). Disruption of such functions Neuroendocrine stress responses often animals returning to the area once the resulting from reactions to stressors involve the hypothalamus-pituitary- noise has ceased (e.g., Bowles et al., such as sound exposure are more likely adrenal system. Virtually all 1994; Goold, 1996; Stone et al., 2000; to be significant if they last more than neuroendocrine functions that are Morton and Symonds, 2002; Gailey et one diel cycle or recur on subsequent affected by stress—including immune al., 2007). Longer-term displacement is days (Southall et al., 2007). competence, reproduction, metabolism, possible, however, which may lead to Consequently, a behavioral response and behavior—are regulated by pituitary changes in abundance or distribution lasting less than one day and not hormones. Stress-induced changes in patterns of the affected species in the recurring on subsequent days is not the secretion of pituitary hormones have affected region if habituation to the considered particularly severe unless it been implicated in failed reproduction, presence of the sound does not occur could directly affect reproduction or altered metabolism, reduced immune (e.g., Bejder et al., 2006; Teilmann et al., survival (Southall et al., 2007). Note that competence, and behavioral disturbance 2006). there is a difference between multi-day (e.g., Moberg 1987; Blecha 2000).
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Increases in the circulation of seismic exploration) in origin. The Masking affects both senders and glucocorticoids are also equated with ability of a noise source to mask receivers of acoustic signals and can stress (Romano et al. 2004). biologically important sounds depends potentially have long-term chronic The primary distinction between on the characteristics of both the noise effects on marine mammals at the stress (which is adaptive and does not source and the signal of interest (e.g., population level as well as at the normally place an animal at risk) and signal-to-noise ratio, temporal individual level. Low-frequency ‘‘distress’’ is the cost of the response. variability, direction), in relation to each ambient sound levels have increased by During a stress response, an animal uses other and to an animal’s hearing as much as 20 dB (more than three times glycogen stores that can be quickly abilities (e.g., sensitivity, frequency in terms of SPL) in the world’s ocean replenished once the stress is alleviated. range, critical ratios, frequency from pre-industrial periods, with most In such circumstances, the cost of the discrimination, directional of the increase from distant commercial stress response would not pose serious discrimination, age or TTS hearing loss), shipping (Hildebrand 2009). All fitness consequences. However, when and existing ambient noise and anthropogenic sound sources, but an animal does not have sufficient propagation conditions. especially chronic and lower-frequency energy reserves to satisfy the energetic Under certain circumstances, marine signals (e.g., from vessel traffic), costs of a stress response, energy mammals experiencing significant contribute to elevated ambient sound resources must be diverted from other masking could also be impaired from levels, thus intensifying masking. functions. This state of distress will last maximizing their performance fitness in Ship Strike until the animal replenishes its survival and reproduction. Therefore, Vessel collisions with marine energetic reserves sufficiently to restore when the coincident (masking) sound is mammals, or ship strikes, can result in normal function. man-made, it may be considered death or serious injury of the animal. Relationships between these harassment when disrupting or altering physiological mechanisms, animal Wounds resulting from ship strike may critical behaviors. It is important to behavior, and the costs of stress include massive trauma, hemorrhaging, distinguish TTS and PTS, which persist responses are well-studied through broken bones, or propeller lacerations after the sound exposure, from masking, controlled experiments and for both (Knowlton and Kraus 2001). An animal which occurs during the sound laboratory and free-ranging animals at the surface may be struck directly by exposure. Because masking (without (e.g., Holberton et al., 1996; Hood et al., a vessel, a surfacing animal may hit the resulting in TS) is not associated with 1998; Jessop et al., 2003; Krausman et bottom of a vessel, or an animal just abnormal physiological function, it is al., 2004; Lankford et al., 2005). Stress below the surface may be cut by a not considered a physiological effect, responses due to exposure to vessel’s propeller. Superficial strikes but rather a potential behavioral effect. anthropogenic sounds or other stressors may not kill or result in the death of the and their effects on marine mammals The frequency range of the potentially animal. These interactions are typically have also been reviewed (Fair and masking sound is important in associated with large whales (e.g., fin Becker, 2000; Romano et al., 2002b) determining any potential behavioral whales), which are occasionally found and, more rarely, studied in wild impacts. For example, low-frequency draped across the bulbous bow of large populations (e.g., Romano et al., 2002a). signals may have less effect on high- commercial ships upon arrival in port. For example, Rolland et al. (2012) found frequency echolocation sounds Although smaller cetaceans are more that noise reduction from reduced ship produced by odontocetes but are more maneuverable in relation to large vessels traffic in the Bay of Fundy was likely to affect detection of mysticete than are large whales, they may also be associated with decreased stress in communication calls and other susceptible to strike. The severity of North Atlantic right whales. These and potentially important natural sounds injuries typically depends on the size other studies lead to a reasonable such as those produced by surf and and speed of the vessel, with the expectation that some marine mammals some prey species. The masking of probability of death or serious injury will experience physiological stress communication signals by increasing as vessel speed increases responses upon exposure to acoustic anthropogenic noise may be considered (Knowlton and Kraus 2001; Laist et al. stressors and that it is possible that as a reduction in the communication 2001; Vanderlaan and Taggart 2007; some of these would be classified as space of animals (e.g., Clark et al., 2009) Conn and Silber 2013). Impact forces ‘‘distress.’’ In addition, any animal and may result in energetic or other increase with speed, as does the experiencing TTS would likely also costs as animals change their probability of a strike at a given distance experience stress responses (NRC, vocalization behavior (e.g., Miller et al. (Silber et al. 2010; Gende et al. 2011). 2003). 2000; Foote et al. 2004; Parks et al. Pace and Silber (2005) also found that 4. Auditory Masking—Sound can 2007; Di Iorio and Clark 2009; Holt et the probability of death or serious injury disrupt behavior through masking, or al. 2009). Masking can be reduced in increased rapidly with increasing vessel interfering with, an animal’s ability to situations where the signal and noise speed. Specifically, the predicted detect, recognize, or discriminate come from different directions probability of serious injury or death between acoustic signals of interest (e.g., (Richardson et al. 1995), through increased from 45 to 75 percent as those used for intraspecific amplitude modulation of the signal, or vessel speed increased from 10 to 14 kn, communication and social interactions, through other compensatory behaviors and exceeded 90 percent at 17 kn. prey detection, predator avoidance, (Houser and Moore 2014). Masking can Higher speeds during collisions result in navigation) (Richardson et al., 1995; be tested directly in captive species greater force of impact, but higher Erbe et al., 2016). Masking occurs when (e.g., Erbe 2008), but in wild speeds also appear to increase the the receipt of a sound is interfered with populations it must be either modeled chance of severe injuries or death by another coincident sound at similar or inferred from evidence of masking through increased likelihood of frequencies and at similar or higher compensation. There are few studies collision by pulling whales toward the intensity, and may occur whether the addressing real-world masking sounds vessel (Clyne, 1999; Knowlton et al. sound is natural (e.g., snapping shrimp, likely to be experienced by marine 1995). In a separate study, Vanderlaan wind, waves, precipitation) or mammals in the wild (e.g., Branstetter et and Taggart (2007) analyzed the anthropogenic (e.g., shipping, sonar, al. 2013). probability of lethal mortality of large
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whales at a given speed, showing that instances represents a circumstance that al. 1976; Eaton, 1979; Odell et al. 1980; the greatest rate of change in the would be considered reasonably Best 1982). Numerous studies suggest probability of a lethal injury to a large foreseeable or that would be considered that the physiology, behavior, habitat whale as a function of vessel speed preventable. relationships, age, or condition of occurs between 8.6 and 15 kt. The Although the likelihood of the vessel cetaceans may cause them to strand or chances of a lethal injury decline from striking a marine mammal is low, we might pre-dispose them to strand when approximately 80 percent at 15 kt to require a robust ship strike avoidance exposed to another phenomenon. These approximately 20 percent at 8.6 kt. At protocol (see ‘‘Proposed Mitigation’’), suggestions are consistent with the speeds below 11.8 kt, the chances of which we believe eliminates any conclusions of numerous other studies lethal injury drop below 50 percent, foreseeable risk of ship strike. We that have demonstrated that while the probability asymptotically anticipate that vessel collisions combinations of dissimilar stressors increases toward one hundred percent involving a seismic data acquisition commonly combine to kill an animal or above 15 kt. vessel towing gear, while not dramatically reduce its fitness, even The Atlantis would travel at a speed impossible, represent unlikely, though one exposure without the other of either 5 kt (9.3 km/hour) or 8 kt (14.8 unpredictable events for which there are does not produce the same result km/hour) while towing seismic survey no preventive measures. Given the (Chroussos 2000; Creel 2005; DeVries et gear (LGL, 2018). At these speeds, both required mitigation measures, the al. 2003; Fair and Becker 2000; Foley et the possibility of striking a marine relatively slow speed of the vessel al. 2001; Moberg, 2000; Relyea 2005; mammal and the possibility of a strike towing gear, the presence of bridge crew Romero 2004; Sih et al. 2004). resulting in serious injury or mortality watching for obstacles at all times Use of military tactical sonar has been are discountable. At average transit (including marine mammals), the implicated in a majority of investigated speed, the probability of serious injury presence of marine mammal observers, stranding events, although one or mortality resulting from a strike is and the short duration of the survey (25 stranding event was associated with the less than 50 percent. However, the days), we believe that the possibility of use of seismic airguns. This event likelihood of a strike actually happening ship strike is discountable and, further, occurred in the Gulf of California, is again discountable. Ship strikes, as that were a strike of a large whale to coincident with seismic reflection analyzed in the studies cited above, occur, it would be unlikely to result in profiling by the R/V Maurice Ewing generally involve commercial shipping, serious injury or mortality. No operated by Lamont-Doherty Earth which is much more common in both incidental take resulting from ship Observatory (LDEO) of Columbia space and time than is geophysical strike is anticipated, and this potential University and involved two Cuvier’s survey activity. Jensen and Silber (2004) effect of the specified activity will not beaked whales (Hildebrand 2004). The summarized ship strikes of large whales be discussed further in the following vessel had been firing an array of 20 worldwide from 1975–2003 and found analysis. airguns with a total volume of 8,500 in3 that most collisions occurred in the (Hildebrand 2004; Taylor et al. 2004). Stranding open ocean and involved large vessels Most known stranding events have (e.g., commercial shipping). Commercial When a living or dead marine involved beaked whales, though a small fishing vessels were responsible for mammal swims or floats onto shore and number have involved deep-diving three percent of recorded collisions, becomes ‘‘beached’’ or incapable of delphinids or sperm whales (e.g., while no such incidents were reported returning to sea, the event is a Mazzariol et al. 2010; Southall et al. for geophysical survey vessels during ‘‘stranding’’ (Geraci et al. 1999; Perrin 2013). In general, long duration (∼1 that time period. and Geraci 2002; Geraci and Lounsbury second) and high-intensity sounds (≤235 It is possible for ship strikes to occur 2005; NMFS, 2007). The legal definition dB SPL) have been implicated in while traveling at slow speeds. For for a stranding under the MMPA is (A) stranding events (Hildebrand 2004). example, a hydrographic survey vessel a marine mammal is dead and is (i) on With regard to beaked whales, mid- traveling at low speed (5.5 kt) while a beach or shore of the United States; or frequency sound is typically implicated conducting mapping surveys off the (ii) in waters under the jurisdiction of (when causation can be determined) central California coast struck and killed the United States (including any (Hildebrand 2004). Although seismic a blue whale in 2009. The State of navigable waters); or (B) a marine airguns create predominantly low- California determined that the whale mammal is alive and is (i) on a beach frequency energy, the signal does had suddenly and unexpectedly or shore of the United States and is include a mid-frequency component. surfaced beneath the hull, with the unable to return to the water; (ii) on a We have considered the potential for the result that the propeller severed the beach or shore of the United States and, proposed survey to result in marine whale’s vertebrae, and that this was an although able to return to the water, is mammal stranding and have concluded unavoidable event. This strike in need of apparent medical attention; that, based on the best available represents the only such incident in or (iii) in the waters under the information, stranding is not expected approximately 540,000 hours of similar jurisdiction of the United States to occur. coastal mapping activity (p = 1.9 × 10¥6; (including any navigable waters), but is 95% CI = 0–5.5 × 10¥6; NMFS, 2013b). unable to return to its natural habitat Other Potential Impacts In addition, a research vessel reported a under its own power or without Here, we briefly address the potential fatal strike in 2011 of a dolphin in the assistance. risks due to entanglement and Atlantic, demonstrating that it is Marine mammals strand for a variety contaminant spills. We are not aware of possible for strikes involving smaller of reasons, such as infectious agents, any records of marine mammal cetaceans to occur. In that case, the biotoxicosis, starvation, fishery entanglement in towed arrays such as incident report indicated that an animal interaction, ship strike, unusual those considered here. The discharge of apparently was struck by the vessel’s oceanographic or weather events, sound trash and debris is prohibited (33 CFR propeller as it was intentionally exposure, or combinations of these 151.51–77) unless it is passed through a swimming near the vessel. While stressors sustained concurrently or in machine that breaks up solids such that indicative of the type of unusual events series. However, the cause or causes of they can pass through a 25-mm mesh that cannot be ruled out, neither of these most strandings are unknown (Geraci et screen. All other trash and debris must
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be returned to shore for proper disposal especially strong and/or intermittent considered from the perspective of the with municipal and solid waste. Some low-frequency sounds. Short duration, animals experiencing it. Animals personal items may be accidentally lost sharp sounds can cause overt or subtle produce sound for, or listen for sounds overboard. However, U.S. Coast Guard changes in fish behavior and local produced by, conspecifics and Environmental Protection Act distribution. Hastings and Popper (2005) (communication during feeding, mating, regulations require operators to become identified several studies that suggest and other social activities), other proactive in avoiding accidental loss of fish may relocate to avoid certain areas animals (finding prey or avoiding solid waste items by developing waste of sound energy. Additional studies predators), and the physical management plans, posting have documented effects of pulsed environment (finding suitable habitats, informational placards, manifesting sound on fish, although several are navigating). Together, sounds made by trash sent to shore, and using special based on studies in support of animals and the geophysical precautions such as covering outside construction projects (e.g., Scholik and environment (e.g., produced by trash bins to prevent accidental loss of Yan 2001, 2002; Popper and Hastings earthquakes, lightning, wind, rain, solid waste. There are no meaningful 2009). Sound pulses at received levels waves) make up the natural entanglement risks posed by the of 160 dB may cause subtle changes in contributions to the total acoustics of a described activity, and entanglement fish behavior. SPLs of 180 dB may cause place. These acoustic conditions, risks are not discussed further in this noticeable changes in behavior (Pearson termed acoustic habitat, are one document. et al. 1992; Skalski et al. 1992). SPLs of attribute of an animal’s total habitat. Marine mammals could be affected by sufficient strength have been known to Soundscapes are also defined by, and accidentally spilled diesel fuel from a cause injury to fish and fish mortality. acoustic habitat influenced by, the total vessel associated with proposed survey The most likely impact to fish from contribution of anthropogenic sound. activities. Quantities of diesel fuel on survey activities at the project area This may include incidental emissions the sea surface may affect marine would be temporary avoidance of the from sources such as vessel traffic, or mammals through various pathways: area. The duration of fish avoidance of may be intentionally introduced to the Surface contact of the fuel with skin and a given area after survey effort stops is marine environment for data acquisition other mucous membranes, inhalation of unknown, but a rapid return to normal purposes (as in the use of airgun arrays). concentrated petroleum vapors, or recruitment, distribution and behavior Anthropogenic noise varies widely in its ingestion of the fuel (direct ingestion or is anticipated. frequency content, duration, and by the ingestion of oiled prey) (e.g., Information on seismic airgun loudness and these characteristics Geraci and St. Aubin, 1980, 1985, 1990). impacts to zooplankton, which greatly influence the potential habitat- However, the likelihood of a fuel spill represent an important prey type for mediated effects to marine mammals during any particular geophysical mysticetes, is limited. However, (please see also the previous discussion survey is considered to be remote, and McCauley et al. (2017) reported that on masking under ‘‘Acoustic Effects’’), the potential for impacts to marine experimental exposure to a pulse from which may range from local effects for mammals would depend greatly on the a 150 in3 airgun decreased zooplankton brief periods of time to chronic effects size and location of a spill and abundance when compared with over large areas and for long durations. meteorological conditions at the time of controls, as measured by sonar and net Depending on the extent of effects to the spill. Spilled fuel would rapidly tows, and caused a two- to threefold habitat, animals may alter their spread to a layer of varying thickness increase in dead adult and larval communications signals (thereby and break up into narrow bands or zooplankton. Although no adult krill potentially expending additional windrows parallel to the wind direction. were present, the study found that all energy) or miss acoustic cues (either The rate at which the fuel spreads larval krill were killed after air gun conspecific or adventitious). For more would be determined by the prevailing passage. Impacts were observed out to detail on these concepts see, e.g., Barber conditions such as temperature, water the maximum 1.2 km range sampled. et al., 2010; Pijanowski et al. 2011; currents, tidal streams, and wind In general, impacts to marine mammal Francis and Barber 2013; Lillis et al. speeds. Lighter, volatile components of prey are expected to be limited due to 2014. the fuel would evaporate to the the relatively small temporal and spatial Problems arising from a failure to atmosphere almost completely in a few overlap between the proposed survey detect cues are more likely to occur days. Evaporation rate may increase as and any areas used by marine mammal when noise stimuli are chronic and the fuel spreads because of the prey species. The proposed survey overlap with biologically relevant cues increased surface area of the slick. would occur over a relatively short time used for communication, orientation, Rougher seas, high wind speeds, and period (25 days) and would occur over and predator/prey detection (Francis high temperatures also tend to increase a very small area relative to the area and Barber 2013). Although the signals the rate of evaporation and the available as marine mammal habitat in emitted by seismic airgun arrays are proportion of fuel lost by this process the Northwest Atlantic Ocean. We do generally low frequency, they would (Scholz et al., 1999). We do not not have any information to suggest the also likely be of short duration and anticipate potentially meaningful effects proposed survey area represents a transient in any given area due to the to marine mammals as a result of any significant feeding area for any marine nature of these surveys. As described contaminant spill resulting from the mammal, and we believe any impacts to previously, exploratory surveys such as proposed survey activities, and marine mammals due to adverse effects these cover a large area but would be contaminant spills are not discussed to their prey would be insignificant due transient rather than focused in a given further in this document. to the limited spatial and temporal location over time and therefore would impact of the proposed survey. not be considered chronic in any given Anticipated Effects on Marine Mammal However, adverse impacts may occur to location. Habitat a few species of fish and to zooplankton. In summary, activities associated with Effects to Prey—Marine mammal prey Acoustic Habitat—Acoustic habitat is the proposed action are not likely to varies by species, season, and location the soundscape—which encompasses have a permanent, adverse effect on any and, for some, is not well documented. all of the sound present in a particular fish habitat or populations of fish Fish react to sounds which are location and time, as a whole—when species or on the quality of acoustic
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habitat. Thus, any impacts to marine be authorized for this activity. Below we measurable for most activities, NMFS mammal habitat are not expected to describe how the take is estimated. uses a generalized acoustic threshold cause significant or long-term Described in the most basic way, we based on received level to estimate the consequences for individual marine estimate take by considering: (1) onset of behavioral harassment. NMFS mammals or their populations. Acoustic thresholds above which NMFS predicts that marine mammals are likely believes the best available science Estimated Take to be behaviorally harassed in a manner indicates marine mammals will be we consider to fall under Level B This section provides an estimate of behaviorally harassed or incur some harassment when exposed to the number of incidental takes proposed degree of permanent hearing underwater anthropogenic noise above for authorization through this IHA, impairment; (2) the area or volume of received levels of 120 dB re 1 mPa (rms) which will inform both NMFS’ water that will be ensonified above for continuous (e.g. vibratory pile- consideration of ‘‘small numbers’’ and these levels in a day; (3) the density or driving, drilling) and above 160 dB re 1 the negligible impact determination. occurrence of marine mammals within mPa (rms) for non-explosive impulsive Harassment is the only type of take these ensonified areas; and (4) and the (e.g., seismic airguns) or intermittent expected to result from these activities. number of days of activities. Below, we (e.g., scientific sonar) sources. SIO’s Except with respect to certain activities describe these components in more proposed activity includes the use of not pertinent here, section 3(18) of the detail and present the exposure estimate MMPA defines ‘‘harassment’’ as any act and associated numbers of take impulsive seismic sources. Therefore, of pursuit, torment, or annoyance which proposed for authorization. the 160 dB re 1 mPa (rms) criteria is (i) has the potential to injure a marine applicable for analysis of level B mammal or marine mammal stock in the Acoustic Thresholds harassment. wild (Level A harassment); or (ii) has Using the best available science, Level A harassment for non-explosive the potential to disturb a marine NMFS has developed acoustic sources—NMFS’ Technical Guidance mammal or marine mammal stock in the thresholds that identify the received for Assessing the Effects of wild by causing disruption of behavioral level of underwater sound above which Anthropogenic Sound on Marine patterns, including, but not limited to, exposed marine mammals would be Mammal Hearing (NMFS, 2016) migration, breathing, nursing, breeding, reasonably expected to be behaviorally identifies dual criteria to assess auditory feeding, or sheltering (Level B harassed (equated to Level B injury (Level A harassment) to five harassment). harassment) or to incur PTS of some different marine mammal groups (based Authorized takes would primarily be degree (equated to Level A harassment). on hearing sensitivity) as a result of by Level B harassment, as use of the Level B Harassment for non-explosive exposure to noise from two different seismic airguns have the potential to sources—Though significantly driven by types of sources (impulsive or non- result in disruption of behavioral received level, the onset of behavioral impulsive). As described above, SIO’s patterns for individual marine disturbance from anthropogenic noise proposed activity includes the use of mammals. There is also some potential exposure is also informed to varying intermittent and impulsive seismic for auditory injury (Level A harassment) degrees by other factors related to the to result, primarily for high frequency source (e.g., frequency, predictability, sources. These thresholds are provided cetaceans. Auditory injury is unlikely to duty cycle), the environment (e.g., in Table 4. occur for low- and mid-frequency bathymetry), and the receiving animals These thresholds are provided in the cetaceans given very small modeled (hearing, motivation, experience, table below. The references, analysis, zones of injury for those species. The demography, behavioral context) and and methodology used in the proposed mitigation and monitoring can be difficult to predict (Southall et development of the thresholds are measures are expected to minimize the al., 2007, Ellison et al. 2011). Based on described in NMFS 2016 Technical severity of such taking to the extent the best available science and the Guidance, which may be accessed at: practicable. As described previously, no practical need to use a threshold based http://www.nmfs.noaa.gov/pr/acoustics/ mortality is anticipated or proposed to on a factor that is both predictable and guidelines.htm.
TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS
PTS Onset thresholds Hearing group Impulsive * Non-impulsive
Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... LE,OW,24h: 219 dB. Note: * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non- impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
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Ensonified Area For modeling of radial distances to representation of the source level. To predicted isopleths corresponding to compute the farfield signature, the Here, we describe operational and ≤ environmental parameters of the activity harassment thresholds in deep water ( source level is estimated at a large that will feed into estimating the area 1,000 m), LDEO used the deep-water distance below the array (e.g., 9 km), ensonified above the acoustic radii for various Sound Exposure Levels and this level is back projected thresholds. obtained from LDEO model results mathematically to a notional distance of The proposed survey would entail the down to a maximum water depth of 1 m from the array’s geometrical center. use of a 2-airgun array with a total 2,000 m (see Figures 2 and 3 in the IHA However, when the source is an array of discharge of 90 in3 at a tow depth of 2– application). LDEO’s modeling multiple airguns separated in space, the methodology is described in greater 4 m. The distances to the predicted source level from the theoretical farfield detail in the IHA application (LGL, isopleths corresponding to the threshold signature is not necessarily the best for Level B harassment (160 dB re 1 mPa) 20178) and we refer to the reader to that document rather than repeating it here. measurement of the source level that is were calculated for both proposed array physically achieved at the source configurations based on results of Predicted distances to Level A harassment isopleths, which vary based (Tolstoy et al. 2009). Near the source (at modeling performed by LDEO. Received short ranges, distances <1 km), the sound levels were predicted by LDEO’s on marine mammal functional hearing pulses of sound pressure from each model (Diebold et al. 2010) as a function groups (Table 3), were calculated based of distance from the airgun array. The on modeling performed by LDEO using individual airgun in the source array do LDEO modeling approach uses ray the Nucleus software program and the not stack constructively, as they do for tracing for the direct wave traveling NMFS User Spreadsheet, described the theoretical farfield signature. The from the array to the receiver and its below. The updated acoustic thresholds pulses from the different airguns spread associated source ghost (reflection at the for impulsive sounds (such as airguns) out in time such that the source levels air-water interface in the vicinity of the contained in the Technical Guidance observed or modeled are the result of array), in a constant-velocity half-space (NMFS, 2016) were presented as dual the summation of pulses from a few (infinite homogeneous ocean layer metric acoustic thresholds using both airguns, not the full array (Tolstoy et al. unbounded by a seafloor). In addition, SELcum and peak sound pressure level 2009). At larger distances, away from propagation measurements of pulses metrics. As dual metrics, NMFS the source array center, sound pressure from a 36-airgun array at a tow depth of considers onset of PTS (Level A of all the airguns in the array stack 6 m have been reported in deep water harassment) to have occurred when coherently, but not within one time either one of the two metrics is (∼1,600 m), intermediate water depth on sample, resulting in smaller source exceeded (i.e., metric resulting in the the slope (∼600–1100 m), and shallow levels (a few dB) than the source level ∼ largest isopleth). The SELcum metric water ( 50 m) in the Gulf of Mexico in derived from the farfield signature. 2007–2008 (Tolstoy et al. 2009; Diebold considers both level and duration of exposure, as well as auditory weighting Because the farfield signature does not et al. 2010). The estimated distances to take into account the array effect near Level B harassment isopleths for the two functions by marine mammal hearing group. In recognition of the fact that the the source and is calculated as a point proposed configurations of the Atlantis source, the modified farfield signature is airgun array are shown in Table 5. requirement to calculate Level A harassment ensonified areas could be a more appropriate measure of the sound source level for distributed sound TABLE 5—PREDICTED RADIAL DIS- more technically challenging to predict due to the duration component and the sources, such as airgun arrays. Though TANCES FROM R/V ATLANTIS 90 in3 use of weighting functions in the new the array effect is not expected to be as SEISMIC SOURCE TO ISOPLETH COR- SELcum thresholds, NMFS developed an pronounced in the case of a 2-airgun RESPONDING TO LEVEL B HARASS- optional User Spreadsheet that includes array as it would be with a larger airgun MENT THRESHOLD tools to help predict a simple isopleth array, the modified farfield method is that can be used in conjunction with considered more appropriate than use of Predicted marine mammal density or occurrence distance to the theoretical farfield signature. threshold to facilitate the estimation of take Array configuration (160 dB re numbers. 1 μPa) The values for SELcum and peak SPL (m) for the Atlantis airgun array were derived from calculating the modified 2 m airgun separation ...... 578 8 m airgun separation ...... 539 farfield signature (Table 6). The farfield signature is often used as a theoretical
TABLE 6—MODELED SOURCE LEVELS (dB) FOR R/V ATLANTIS 90 in3 AIRGUN ARRAY
8-kt survey 8-kt survey 5-kt survey 5-kt survey with 8-m with 8-m with 2-m with 2-m Functional hearing group airgun airgun airgun airgun separation: separation: separation: separation: Peak SPLflat SELcum Peak SPLflat SELcum
Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ...... 228.8 207 232.8 206.7 Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB)...... N/A 206.7 229.8 206.9 High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB) ...... 233 207.6 232.9 207.2 Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ...... 230 206.7 232.8 206.9 Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ...... N/A 203 225.6 207.4
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In order to more realistically hearing group that could be directly the 8 m airgun separation) (LGL, 2018), incorporate the Technical Guidance’s incorporated within the User potential radial distances to auditory weighting functions over the seismic Spreadsheet (i.e., to override the injury zones were calculated for SELcum array’s full acoustic band, unweighted Spreadsheet’s more simple weighting thresholds, for both array spectrum data for the Atlantis’s airgun factor adjustment). Using the User configurations. Inputs to the User array (modeled in 1 Hz bands) was used Spreadsheet’s ‘‘safe distance’’ Spreadsheet are shown in Table 6. to make adjustments (dB) to the methodology for mobile sources Outputs from the User Spreadsheet in unweighted spectrum levels, by (described by Sivle et al., 2014) with the the form of estimated distances to Level frequency, according to the weighting hearing group-specific weighted source A harassment isopleths are shown in functions for each relevant marine levels, and inputs assuming spherical Table 7. As described above, the larger mammal hearing group. These adjusted/ spreading propagation, a source velocity distance of the dual criteria (SEL or weighted spectrum levels were then of 2.06 m/second (for the 2 m airgun cum Peak SPL ) is used for estimating takes converted to pressures (mPa) in order to separation) and 5.14 m/second (for the flat integrate them over the entire 8 m airgun separation), and a shot by Level A harassment. The weighting broadband spectrum, resulting in interval of 12.15 seconds (for the 2 m functions used are shown in Table 3 of broadband weighted source levels by airgun separation) and 9.72 seconds (for the IHA application.
TABLE 7—MODELED RADIAL DISTANCES (m) FROM R/V ATLANTIS 90 in3 AIRGUN ARRAY TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS
8-kt survey 8-kt survey 5-kt survey 5-kt survey with 8-m with 2-m with 2-m Functional hearing group with 8-m airgun airgun airgun airgun (Level A harassment thresholds) separation: separation: separation: separation: Peak SPLflat SELcum Peak SPLflat SELcum
Low frequency cetaceans (Lpk,flat: 219 dB; LE,LF,24h: 183 dB) ...... 3.08 2.4 4.89 6.5 Mid frequency cetaceans (Lpk,flat: 230 dB; LE,MF,24h: 185 dB) ...... 0 0 0.98 0 High frequency cetaceans (Lpk,flat: 202 dB; LE,HF,24h: 155 dB) ...... 34.84 0 34.62 0 Phocid Pinnipeds (Underwater) (Lpk,flat: 218 dB; LE,HF,24h: 185 dB) ...... 4.02 0 5.51 0.1 Otariid Pinnipeds (Underwater) (Lpk,flat: 232 dB; LE,HF,24h: 203 dB) ...... 0 0 0.48 0
Note that because of some of the transect survey data and habitat-based related to the estimated density data and assumptions included in the methods covariates and extrapolated model the assumptions used in their used, isopleths produced may be predictions to unsurveyed regions, calculations, as with all density data overestimates to some degree, which including the proposed survey area. The estimates. However, the approach used will ultimately result in some degree of authors considered line transect surveys is based on the best available data. overestimate of Level A take. However, that used two or more protected species Take Calculation and Estimation these tools offer the best way to predict observers and met the assumptions of appropriate isopleths when more the distance sampling methodology as Here we describe how the information sophisticated 3D modeling methods are presented by Buckland et al. (2001), and provided above is brought together to not available, and NMFS continues to included data from shipboard and aerial produce a quantitative take estimate. In develop ways to quantitatively refine surveys conducted from 1992 to 2014 by order to estimate the number of marine these tools and will qualitatively multiple U.S. organizations (details mammals predicted to be exposed to address the output where appropriate. provided in Roberts et al. (2016)). The sound levels that would result in Level For mobile sources, such as the data underlying the model predictions B harassment or Level A harassment, proposed seismic survey, the User for the proposed survey area originated radial distances to predicted isopleths Spreadsheet predicts the closest from shipboard survey data presented in corresponding to the Level A distance at which a stationary animal Waring et al. (2008). To increase the harassment and Level B harassment would not incur PTS if the sound source success of model transferability to new thresholds are calculated, as described traveled by the animal in a straight line regions, the authors considered above (Table 8). Those distances are at a constant speed. biological covariates expected to be then used to calculate the area(s) around related directly to cetacean densities the airgun array predicted to be Marine Mammal Occurrence (Wenger & Olden, 2012), namely ensonified to sound levels that exceed In this section we provide the biomass and production of epipelagic the Level A and Level B harassment information about the presence, density, micronekton and zooplankton predicted thresholds. The areas estimated to be or group dynamics of marine mammals with the Spatial Ecosystem and ensonified in a single day of the survey that will inform the take calculations. Population DYnamics Model are then calculated, based on the areas The best available scientific information (SEAPODYM) (Lehodey et al. 2010). predicted to be ensonified around the was considered in conducting marine Zooplankton and epipelagic array and the estimated trackline mammal exposure estimates (the basis micronekton (i.e., squid, crustaceans, distance traveled per day (Table 9). This for estimating take). For all cetacean and fish) constitute potential prey for number is then multiplied by the species, densities calculated by many of the cetaceans considered, in number of survey days (i.e., 7.5 days for Mannocci et al. (2017) were used. These particular dolphins and mysticetes the 5-kt survey with 2-m airgun represent the most comprehensive and (Pauly et al. 1998), and all these separation and 17.5 days for the 8-kt recent density data available for covariates correlate with cetacean survey with 8-m airgun separation). The cetacean species in the survey area. distributions (e.g., Ferguson et al. 2006; product is then multiplied by 1.25 to Mannocci et al. (2017) modeled marine Doniol-Valcroze et al. 2007; Lambert et account for an additional 25 percent mammal densities using available line al. 2014). There is some uncertainty contingency for potential additional
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seismic operations, as described above. from total areas estimated to be survey are shown in Table 10. The This results in an estimate of the total ensonified to Level B harassment marine mammals predicted to occur areas (km2) expected to be ensonified to thresholds in order to avoid double within these respective areas, based on the Level A harassment and Level B counting the animals taken (i.e., if an estimated densities, are assumed to be harassment thresholds. For purposes of animal is taken by Level A harassment, incidentally taken. Estimated takes for Level B take calculations, areas it is not also counted as taken by Level all marine mammal species are shown estimated to be ensonified to Level A B harassment). Areas estimated to be in Table 11. harassment thresholds are subtracted ensonified over the duration of the
TABLE 8—DISTANCES (m) TO ISOPLETHS CORRESPONDING TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS
Level B Level A harassment threshold 1 harassment threshold Survey Low frequency Mid frequency High Otariid Phocid All marine cetaceans cetaceans frequency pinnipeds pinnipeds mammals cetaceans
5-kt survey with 2-m airgun separation ... 539 6.5 0.98 34.62 5.51 0.48 8-kt survey with 8-m airgun separation ... 578 3.08 0 34.84 4.02 0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak PL).
TABLE 9—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS PER DAY
Level B Level A harassment threshold 1 harassment threshold Survey Low frequency Mid frequency High Otariid Phocid All marine cetaceans cetaceans frequency pinnipeds pinnipeds mammals cetaceans
5-kt survey with 2-m airgun separation ... 240.68 2.90 0.44 15.40 2.45 0.21 8-kt survey with 8-m airgun separation ... 412.10 2.19 0 24.78 2.86 0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak PL). Note: Estimated areas shown for single day do not include additional 25 percent contingency.
TABLE 10—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS OVER DURATION OF SURVEY
Level B Level A harassment threshold 1 harassment threshold Survey Low frequency Mid frequency High Otariid Phocid All marine cetaceans cetaceans frequency pinnipeds pinnipeds mammals cetaceans
5-kt survey with 2-m airgun separation ... 2256.33 27.10 4.09 144.40 22.97 2.0 8-kt survey with 8-m airgun separation ... 9014.56 47.84 0 542.09 62.50 0
1 Level A ensonified areas are estimated based on the greater of the distances calculated to Level A isopleths using dual criteria (SELcum and peak PL). Note: Estimated areas shown include additional 25 percent contingency.
TABLE 11—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS PROPOSED FOR AUTHORIZATION
Total Total proposed Density Estimated Proposed Estimated Proposed proposed instances of Species 2 takes as a (#/1,000 km ) Level A takes Level A takes Level B takes Level B takes Level A and percentage Level B takes of SAR abundance 1
Humpback whale 2 ...... 10 1 0 112 113 113 0.9 *. Minke whale ...... 4 0 0 45 45 45 0.2 *. Bryde’s whale ...... 0.1 0 0 1 1 1 unknown. Sei whale 2 ...... 10 1 0 112 113 113 31.4. Fin whale ...... 8 1 0 89 90 90 2.6 *. Blue whale ...... 0 0 0 0 1 1 0.2. Sperm whale ...... 40 0 0 451 451 451 19.7. Cuvier’s beaked whale 3 60 0 0 135 135 135 2.0. Northern bottlenose 0.8 0 0 9 9 9 unknown. whale 4. True’s beaked whale 3 .... 60 0 0 135 135 135 1.9.
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TABLE 11—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS PROPOSED FOR AUTHORIZATION— Continued
Total proposed Total instances of Density Estimated Proposed Estimated Proposed proposed Species 2 takes as a (#/1,000 km ) Level A takes Level A takes Level B takes Level B takes Level A and percentage Level B takes of SAR abundance 1
Gervais beaked whale 3 60 0 0 135 135 135 1.9. Sowerby’s beaked 60 0 0 135 135 135 1.9. whale 3. Blainville’s beaked 60 0 0 135 135 135 1.9. whale 3. Rough-toothed dolphin ... 3 0 0 34 34 34 12.5. Bottlenose dolphin ...... 60 0 0 677 677 677 0.9. Pantropical spotted dol- 10 0 0 113 113 113 3.4. phin. Atlantic spotted dolphin .. 40 0 0 451 451 451 1.0. Striped dolphin ...... 80 0 0 902 902 902 1.6. Atlantic white-sided dol- 60 0 0 677 677 677 1.4. phin. White-beaked dolphin ..... 1 0 0 11 11 11 0.6. Common dolphin ...... 800 3 0 9014 9017 9017 5.2 *. Risso’s dolphin ...... 20 0 0 226 226 226 1.2. Pygmy killer whale 45 ..... 1.5 0 0 17 17 17 unknown. False killer whale ...... 2 0 0 23 23 23 5.2. Killer whale 4 thnsp;6 .... 0.2 0 0 2 5 5 unknown. Long-finned/short-finned 200 1 0 2253 2254 2254 8.3. Pilot whale 7. Pygmy/dwarf sperm 0.6 0 0 7 7 7 0.2. whale. Harbor porpoise ...... 60 41 41 635 635 676 0.8. Ringed seal 4 ...... 0 0 0 0 1 1 unknown. Hooded seal ...... 0 0 0 0 1 1 <0.1. Harp seal ...... 0 0 0 0 1 1 <0.1. 1 While we have in most cases provided comparisons of the proposed instances of takes as a percentage of SAR abundance as the best available information regarding population abundance, we note that these are likely underestimates of the relevant North Atlantic populations, as the proposed survey area is outside the U.S. EEZ. Asterisks denote that instances of takes are shown as a percentage of abundance as de- scribed by TNASS or NMFS Status Review, as described above. 2 We have determined Level A take of these species is not likely, therefore estimated Level A takes have been added to the number of Level B takes proposed for authorization. 3 Density value represents the value for all beaked whales combined. Requested take and take proposed for authorization based on proportion of all beaked whales expected to be taken (677 total estimated beaked whale takes divided by 5 species of beaked whales). 4 The population abundance for the species is unknown. 5 The density estimate for pygmy killer whales shown in Table 8 in the IHA application is incorrect; the correct density is 1.5 animals/km2 as shown here. 6 Proposed take number for killer whales has been increased from the calculated take to mean group size for the species. Source for mean group size is Waring et al. (2008). 7 Values for density, proposed take number, and percentage of population proposed for authorization are for short-finned and long-finned pilot whales combined.
For some marine mammal species, we frequency cetaceans (Table 7) we have ‘‘guild’’), a total of 2,254 takes of pilot propose to authorize a different number determined the likelihood of Level A whales were calculated as potentially of incidental takes than the number of take occurring for species from these taken by the proposed survey. Thus incidental takes requested by SIO (see functional hearing groups is so low as SIO’s request take number is actually Table 8 in the IHA application for to be discountable, therefore we do not double the number of take that was requested take numbers). For instance, propose to authorize Level A take of calculated. We do not think doubling SIO requested 1 take of a North Atlantic these species. Note that the Level A the take estimate is warranted, thus we right whale and 3 takes of bowhead takes that were calculated for these propose to authorize a total of 2,254 whales; however, we have determined species (humpback whales, sei whales, takes of pilot whales (short-finned and the likelihood of the survey fin whales, common dolphins, and pilot long-finned pilot whales combined). Species With Take Estimates Less encountering these species is so low as whales) have been included in the Than Mean Group Size: Using the to be discountable, therefore we do not proposed number of Level B takes. approach described above to estimate propose to authorize takes of these Finally, SIO requested 2,254 takes of take, the take estimate for killer whales species. Also, SIO requested Level A short-finned pilot whales and 2,254 was less than the average group size takes of humpback whales, sei whales, takes of long-finned pilot whales (total estimated for the species (Waring et al., fin whales, common dolphins, and pilot 4,508 pilot whale takes requested); 2008). Information on the social whales; however, due to very small however, as Mannocci et al. (2017) structure and life history of the species zones corresponding to Level A presents one single density estimate for indicates it is common for the species to harassment for low-frequency and mid- all pilot whales (the pilot whale be encountered in groups. The results of
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take calculations support the likelihood regulations require applicants for following mitigation measure: that SIO’s survey may encounter and incidental take authorizations to include Establishment of a marine mammal incidentally take the species, and we information about the availability and buffer zone. believe it is likely that the species may feasibility (economic and technological) PSO observations would take place be encountered in groups; therefore it is of equipment, methods, and manner of during all daytime airgun operations reasonable to conservatively assume conducting such activity or other means and nighttime start ups (if applicable) of that one group of the species will be of effecting the least practicable adverse the airguns. If airguns are operating taken during the proposed survey. We impact upon the affected species or throughout the night, observations therefore propose to authorize the take stocks and their habitat (50 CFR would begin 30 minutes prior to of the average (mean) group size for the 216.104(a)(11)). sunrise. If airguns are operating after species to account for the possibility In evaluating how mitigation may or sunset, observations would continue that SIO’s survey encounters a group of may not be appropriate to ensure the until 30 minutes following sunset. killer whales. least practicable adverse impact on Following a shutdown for any reason, Species With No Available Density species or stocks and their habitat, as observations would occur for at least 30 Data: No density data were available for well as subsistence uses where minutes prior to the planned start of the blue whale; however, blue whales applicable, we carefully consider two airgun operations. Observations would have been observed in the survey area primary factors: also occur for 30 minutes after airgun (Waring et al., 2008), thus we (1) The manner in which, and the operations cease for any reason. determined there is a possibility that the degree to which, the successful Observations would also be made proposed survey may encounter one implementation of the measure(s) is during daytime periods when the blue whale and that one blue whale may expected to reduce impacts to marine Atlantis is underway without seismic be taken by Level B harassment by the mammals, marine mammal species or operations, such as during transits, to proposed survey; we therefore propose stocks, and their habitat. This considers allow for comparison of sighting rates to authorize one take of blue whale as the nature of the potential adverse and behavior with and without airgun requested by SIO. No density data were impact being mitigated (likelihood, operations and between acquisition available for ringed seal, hooded seal or scope, range). It further considers the periods. Airgun operations would be harp seal; however based on the ranges likelihood that the measure will be suspended when marine mammals are of these species we have determined it effective if implemented (probability of observed within, or about to enter, the is possible they may be encountered and accomplishing the mitigating result if designated EZ (as described below). taken by Level B harassment by the implemented as planned) the likelihood During seismic operations, three proposed survey, therefore we propose of effective implementation (probability visual PSOs would be based aboard the to authorize one take of each species as implemented as planned), and Atlantis. PSOs would be appointed by requested by SIO. (2) The practicability of the measures SIO with NMFS approval. During the It should be noted that the proposed for applicant implementation, which majority of seismic operations, two take numbers shown in Table 11 are may consider such things as cost, PSOs would monitor for marine believed to be conservative for several impact on operations, and, in the case mammals around the seismic vessel. A reasons. First, in the calculations of of a military readiness activity, minimum of one PSO must be on duty estimated take, 25 percent has been personnel safety, practicality of at all times when the array is active. added in the form of operational survey implementation, and impact on the PSO(s) would be on duty in shifts of days (equivalent to adding 25 percent to effectiveness of the military readiness duration no longer than 4 hours. Other the proposed line km to be surveyed) to activity. crew would also be instructed to assist account for the possibility of additional SIO has reviewed mitigation measures in detecting marine mammals and in seismic operations associated with employed during seismic research implementing mitigation requirements airgun testing, and repeat coverage of surveys authorized by NMFS under (if practical). Before the start of the any areas where initial data quality is previous incidental harassment seismic survey, the crew would be given sub-standard. Additionally, marine authorizations, as well as recommended additional instruction in detecting mammals would be expected to move best practices in Richardson et al. marine mammals and implementing away from a sound source that (1995), Pierson et al. (1998), Weir and mitigation requirements. represents an aversive stimulus. Dolman (2007), Nowacek et al. (2013), The Atlantis is a suitable platform However, the extent to which marine Wright (2014), and Wright and from which PSOs would watch for mammals would move away from the Cosentino (2015), and has incorporated marine mammals. Standard equipment sound source is difficult to quantify and a suite of proposed mitigation measures for marine mammal observers would be is therefore not accounted for in take into their project description based on 7 x 50 reticule binoculars and optical estimates shown in Table 8. the above sources. range finders. At night, night-vision equipment would be available. The Proposed Mitigation To reduce the potential for disturbance from acoustic stimuli observers would be in communication In order to issue an IHA under associated with the activities, SIO has with ship’s officers on the bridge and Section 101(a)(5)(D) of the MMPA, proposed to implement the following scientists in the vessel’s operations NMFS must set forth the permissible mitigation measures for marine laboratory, so they can advise promptly methods of taking pursuant to such mammals: of the need for avoidance maneuvers or activity, and other means of effecting (1) Vessel-based visual mitigation seismic source shutdown. the least practicable impact on such monitoring; The PSOs must have no tasks other species or stock and its habitat, paying (2) Establishment of a marine than to conduct observational effort, particular attention to rookeries, mating mammal exclusion zone (EZ); record observational data, and grounds, and areas of similar (3) Shutdown procedures; communicate with and instruct relevant significance, and on the availability of (4) Ramp-up procedures; and vessel crew with regard to the presence such species or stock for taking for (5) Vessel strike avoidance measures. of marine mammals and mitigation certain subsistence uses (latter not In addition to the measures proposed requirements. PSO resumes would be applicable for this action). NMFS by SIO, NMFS has proposed the provided to NMFS for approval. At least
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one PSO must have a minimum of 90 Environmental Impact Statement for here, the small delphinoid group is days at-sea experience working as PSOs marine scientific research funded by the intended to encompass those members during a seismic survey. One National Science Foundation or the U.S. of the Family Delphinidae most likely to ‘‘experienced’’ visual PSO will be Geological Survey (NSF–USGS 2011), voluntarily approach the source vessel designated as the lead for the entire Alternative B (the Preferred Alternative) for purposes of interacting with the protected species observation team. The conservatively applied a 100 m EZ for vessel and/or airgun array (e.g., bow lead will serve as primary point of all low-energy acoustic sources in water riding). This exception to the shutdown contact for the vessel operator. The depths >100 m, with low-energy requirement would apply solely to PSOs must have successfully completed acoustic sources defined as any towed specific genera of small dolphins— relevant training, including completion acoustic source with a single or a pair Tursiops, Steno, Stenella, of all required coursework and passing of clustered airguns with individual Lagenorhynchus and Delphinus—and a written and/or oral examination volumes of ≤250 in3. Thus the 100 m EZ would only apply if the animals were developed for the training program, and proposed for this survey is consistent traveling, including approaching the must have successfully attained a with the PEIS. vessel. If, for example, an animal or bachelor’s degree from an accredited Our intent in prescribing a standard group of animals is stationary for some college or university with a major in one EZ distance is to (1) encompass zones reason (e.g., feeding) and the source of the natural sciences and a minimum within which auditory injury could vessel approaches the animals, the of 30 semester hours or equivalent in occur on the basis of instantaneous shutdown requirement applies. An the biological sciences and at least one exposure; (2) provide additional animal with sufficient incentive to undergraduate course in math or protection from the potential for more remain in an area rather than avoid an statistics. The educational requirements severe behavioral reactions (e.g., panic, otherwise aversive stimulus could either may be waived if the PSO has acquired antipredator response) for marine incur auditory injury or disruption of the relevant skills through alternate mammals at relatively close range to the important behavior. If there is training, including (1) secondary acoustic source; (3) provide consistency uncertainty regarding identification (i.e., education and/or experience for PSOs, who need to monitor and whether the observed animal(s) belongs comparable to PSO duties; (2) previous implement the EZ; and (4) define a to the group described above) or work experience conducting academic, distance within which detection whether the animals are traveling, the commercial, or government-sponsored probabilities are reasonably high for shutdown would be implemented. marine mammal surveys; or (3) previous most species under typical conditions. We propose this small delphinoid work experience as a PSO; the PSO PSOs would also establish and exception because shutdown should demonstrate good standing and monitor a 200 m buffer zone. During use requirements for small delphinoids consistently good performance of PSO of the acoustic source, occurrence of under all circumstances represent duties. marine mammals within the buffer zone practicability concerns without likely commensurate benefits for the animals Exclusion Zone and Buffer Zone (but outside the EZ) would be communicated to the operator to in question. Small delphinoids are An EZ is a defined area within which prepare for potential shutdown of the generally the most commonly observed occurrence of a marine mammal triggers acoustic source. The buffer zone is marine mammals in the specific mitigation action intended to reduce the discussed further under Ramp Up geographic region and would typically potential for certain outcomes, e.g., Procedures below. be the only marine mammals likely to auditory injury, disruption of critical intentionally approach the vessel. As behaviors. The PSOs would establish a Shutdown Procedures described below, auditory injury is minimum EZ with a 100 m radius for If a marine mammal is detected extremely unlikely to occur for mid- the airgun array. The 100 m EZ would outside the EZ but is likely to enter the frequency cetaceans (e.g., delphinids), be based on radial distance from any EZ, the airguns would be shut down as this group is relatively insensitive to element of the airgun array (rather than before the animal is within the EZ. sound produced at the predominant being based on the center of the array Likewise, if a marine mammal is already frequencies in an airgun pulse while or around the vessel itself). With certain within the EZ when first detected, the also having a relatively high threshold exceptions (described below), if a airguns would be shut down for the onset of auditory injury (i.e., marine mammal appears within, enters, immediately. permanent threshold shift). Please see or appears on a course to enter this Following a shutdown, airgun activity ‘‘Potential Effects of the Specified zone, the acoustic source would be shut would not resume until the marine Activity on Marine Mammals’’ above for down (see Shutdown Procedures mammal has cleared the 100 m EZ. The further discussion of sound metrics and below). animal would be considered to have thresholds and marine mammal hearing. The 100 m radial distance of the cleared the 100 m EZ if the following A large body of anecdotal evidence standard EZ is precautionary in the conditions have been met: indicates that small delphinoids sense that it would be expected to • It is visually observed to have commonly approach vessels and/or contain sound exceeding injury criteria departed the 100 m EZ, or towed arrays during active sound for all marine mammal hearing groups • it has not been seen within the 100 production for purposes of bow riding, (Table 7) while also providing a m EZ for 15 min in the case of small with no apparent effect observed in consistent, reasonably observable zone odontocetes, or those delphinoids (e.g., Barkaszi et al., within which PSOs would typically be • it has not been seen within the 100 2012). The potential for increased able to conduct effective observational m EZ for 30 min in the case of shutdowns resulting from such a effort. In this case, the 100 m radial mysticetes and large odontocetes, measure would require the Atlantis to distance would also be expected to including sperm, pygmy sperm, and revisit the missed track line to reacquire contain sound that would exceed the beaked whales. data, resulting in an overall increase in Level A harassment threshold based on This shutdown requirement would be the total sound energy input to the sound exposure level (SELcum) criteria in place for all marine mammals, with marine environment and an increase in for all marine mammal hearing groups the exception of small delphinoids the total duration over which the survey (Table 7). In the 2011 Programmatic under certain circumstances. As defined is active in a given area. Although other
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mid-frequency hearing specialists (e.g., another). This 30 minute pre-clearance crew members responsible for these large delphinoids) are no more likely to period may occur during any vessel duties would be provided sufficient incur auditory injury than are small activity (i.e., transit). If a marine training to distinguish marine mammals delphinoids, they are much less likely mammal were observed within or from other phenomena. Vessel strike to approach vessels. Therefore, retaining approaching the 100 m EZ during this avoidance measures would be followed a shutdown requirement for large pre-clearance period, ramp-up would during surveys and while in transit. delphinoids would not have similar not be initiated until all marine The vessel would maintain a impacts in terms of either practicability mammals cleared the EZ. Criteria for minimum separation distance of 100 m for the applicant or corollary increase in clearing the EZ would be as described from large whales (i.e., baleen whales sound energy output and time on the above. If the airgun array has been shut and sperm whales). If a large whale is water. We do anticipate some benefit for down for reasons other than mitigation within 100 m of the vessel the vessel a shutdown requirement for large (e.g., mechanical difficulty) for a period would reduce speed and shift the engine delphinoids in that it simplifies of less than 30 minutes, it may be to neutral, and would not engage the somewhat the total range of decision- activated again without ramp-up if PSOs engines until the whale has moved making for PSOs and may preclude any have maintained constant visual outside of the vessel’s path and the potential for physiological effects other observation and no detections of any minimum separation distance has been than to the auditory system as well as marine mammal have occurred within established. If the vessel is stationary, some more severe behavioral reactions the EZ or buffer zone. Ramp-up would the vessel would not engage engines for any such animals in close proximity be planned to occur during periods of until the whale(s) has moved out of the to the source vessel. good visibility when possible. However, vessel’s path and beyond 100 m. The At any distance, shutdown of the ramp-up would be allowed at night and vessel would maintain a minimum acoustic source would also be required during poor visibility if the 100 m EZ separation distance of 50 m from all upon observation of any of the and 200 m buffer zone have been other marine mammals (with the following: monitored by visual PSOs for 30 exception of delphinids of the genera • A large whale (i.e., sperm whale or minutes prior to ramp-up. Tursiops, Steno, Stenella, any baleen whale) with a calf; or The operator would be required to Lagenorhynchus and Delphinus that • an aggregation of large whales of notify a designated PSO of the planned approach the vessel, as described any species (i.e., sperm whale or any start of ramp-up as agreed-upon with above). If an animal is encountered baleen whale) that does not appear to be the lead PSO; the notification time during transit, the vessel would attempt traveling (e.g., feeding, socializing, etc.). should not be less than 60 minutes prior to remain parallel to the animal’s These would be the only two to the planned ramp-up. A designated course, avoiding excessive speed or potential situations that would require PSO must be notified again immediately abrupt changes in course. Vessel speeds shutdown of the array for marine prior to initiating ramp-up procedures would be reduced to 10 knots or less mammals observed beyond the 100 m and the operator must receive when mother/calf pairs, pods, or large EZ. confirmation from the PSO to proceed. assemblages of cetaceans are observed The operator must provide information near the vessel. Ramp-Up Procedures to PSOs documenting that appropriate Based on our evaluation of the Ramp-up of an acoustic source is procedures were followed. Following applicant’s proposed measures, NMFS intended to provide a gradual increase deactivation of the array for reasons has preliminarily determined that the in sound levels following a shutdown, other than mitigation, the operator proposed mitigation measures provide enabling animals to move away from the would be required to communicate the the means effecting the least practicable source if the signal is sufficiently near-term operational plan to the lead impact on the affected species or stocks aversive prior to its reaching full PSO with justification for any planned and their habitat, paying particular intensity. Ramp-up would be required nighttime ramp-up. attention to rookeries, mating grounds, after the array is shut down for any and areas of similar significance. reason. Ramp-up would begin with the Vessel Strike Avoidance Measures activation of one 45 in3 airgun, with the Vessel strike avoidance measures are Proposed Monitoring and Reporting second 45 in3 airgun activated after 5 intended to minimize the potential for In order to issue an IHA for an minutes. collisions with marine mammals. These activity, Section 101(a)(5)(D) of the At least two PSOs would be required requirements do not apply in any case MMPA states that NMFS must set forth, to monitor during ramp-up. During where compliance would create an requirements pertaining to the ramp up, the PSOs would monitor the imminent and serious threat to a person monitoring and reporting of such taking. EZ, and if marine mammals were or vessel or to the extent that a vessel The MMPA implementing regulations at observed within the EZ or buffer zone, is restricted in its ability to maneuver 50 CFR 216.104 (a)(13) indicate that a shutdown would be implemented as and, because of the restriction, cannot requests for authorizations must include though the full array were operational. comply. the suggested means of accomplishing If airguns have been shut down due to The proposed measures include the the necessary monitoring and reporting PSO detection of a marine mammal following: Vessel operator and crew that will result in increased knowledge within or approaching the 100 m EZ, would maintain a vigilant watch for all of the species and of the level of taking ramp-up would not be initiated until all marine mammals and slow down or or impacts on populations of marine marine mammals have cleared the EZ, stop the vessel or alter course to avoid mammals that are expected to be during the day or night. Criteria for striking any marine mammal. A visual present in the proposed action area. clearing the EZ would be as described observer aboard the vessel would Effective reporting is critical both to above. monitor a vessel strike avoidance zone compliance as well as ensuring that the Thirty minutes of pre-clearance around the vessel according to the most value is obtained from the required observation are required prior to ramp- parameters stated below. Visual monitoring. up for any shutdown of longer than 30 observers monitoring the vessel strike Monitoring and reporting minutes (i.e., if the array were shut avoidance zone would be either third- requirements prescribed by NMFS down during transit from one line to party observers or crew members, but should contribute to improved
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understanding of one or more of the night, PSOs would be equipped with seen at times with and without seismic following: night-vision equipment. activity. • Occurrence of marine mammal PSOs would record data to estimate Reporting species or stocks in the area in which the numbers of marine mammals take is anticipated (e.g., presence, exposed to various received sound A report would be submitted to NMFS abundance, distribution, density); levels and to document apparent within 90 days after the end of the • Nature, scope, or context of likely disturbance reactions or lack thereof. survey. The report would describe the marine mammal exposure to potential Data would be used to estimate numbers operations that were conducted and stressors/impacts (individual or of animals potentially ‘taken’ by sightings of marine mammals near the cumulative, acute or chronic), through harassment (as defined in the MMPA). operations. The report would provide better understanding of: (1) Action or They would also provide information full documentation of methods, results, environment (e.g., source needed to order a shutdown of the and interpretation pertaining to all characterization, propagation, ambient airguns when a marine mammal is monitoring and would summarize the noise); (2) affected species (e.g., life within or near the EZ. When a sighting dates and locations of seismic history, dive patterns); (3) co-occurrence is made, the following information operations, and all marine mammal of marine mammal species with the about the sighting would be recorded: sightings (dates, times, locations, action; or (4) biological or behavioral (1) Species, group size, age/size/sex activities, associated seismic survey context of exposure (e.g., age, calving or categories (if determinable), behavior activities). The report would also feeding areas); when first sighted and after initial include estimates of the number and • Individual marine mammal sighting, heading (if consistent), bearing nature of exposures that occurred above responses (behavioral or physiological) and distance from seismic vessel, the harassment threshold based on PSO to acoustic stressors (acute, chronic, or sighting cue, apparent reaction to the observations, including an estimate of cumulative), other stressors, or airguns or vessel (e.g., none, avoidance, those on the trackline but not detected. cumulative impacts from multiple approach, paralleling, etc.), and Negligible Impact Analysis and stressors; • behavioral pace; and Determination How anticipated responses to (2) Time, location, heading, speed, stressors impact either: (1) Long-term NMFS has defined negligible impact activity of the vessel, sea state, as an impact resulting from the fitness and survival of individual visibility, and sun glare. marine mammals; or (2) populations, specified activity that cannot be All observations and shutdowns reasonably expected to, and is not species, or stocks; would be recorded in a standardized • Effects on marine mammal habitat reasonably likely to, adversely affect the format. Data would be entered into an (e.g., marine mammal prey species, species or stock through effects on electronic database. The accuracy of the acoustic habitat, or other important annual rates of recruitment or survival data entry would be verified by physical components of marine (50 CFR 216.103). A negligible impact computerized data validity checks as mammal habitat); and finding is based on the lack of likely • Mitigation and monitoring the data are entered and by subsequent adverse effects on annual rates of effectiveness. manual checking of the database. These recruitment or survival (i.e., population- SIO submitted a marine mammal procedures would allow initial level effects). An estimate of the number monitoring and reporting plan in their summaries of data to be prepared during of takes alone is not enough information IHA application. Monitoring that is and shortly after the field program and on which to base an impact designed specifically to facilitate would facilitate transfer of the data to determination. In addition to mitigation measures, such as monitoring statistical, graphical, and other considering estimates of the number of of the EZ to inform potential shutdowns programs for further processing and marine mammals that might be ‘‘taken’’ of the airgun array, are described above archiving. The time, location, heading, through harassment, NMFS considers and are not repeated here. speed, activity of the vessel, sea state, other factors, such as the likely nature SIO’s monitoring and reporting plan visibility, and sun glare would also be of any responses (e.g., intensity, includes the following measures: recorded at the start and end of each duration), the context of any responses observation watch, and during a watch (e.g., critical reproductive time or Vessel-Based Visual Monitoring whenever there is a change in one or location, migration), as well as effects As described above, PSO observations more of the variables. on habitat, and the likely effectiveness would take place during daytime airgun Results from the vessel-based of the mitigation. We also assess the operations and nighttime start-ups (if observations would provide: number, intensity, and context of applicable) of the airguns. During (1) The basis for real-time mitigation estimated takes by evaluating this seismic operations, three visual PSOs (e.g., airgun shutdown); information relative to population would be based aboard the Atlantis. (2) Information needed to estimate the status. Consistent with the 1989 PSOs would be appointed by SIO with number of marine mammals potentially preamble for NMFS’s implementing NMFS approval. During the majority of taken by harassment, which must be regulations (54 FR 40338; September 29, seismic operations, one PSO would reported to NMFS; 1989), the impacts from other past and monitor for marine mammals around (3) Data on the occurrence, ongoing anthropogenic activities are the seismic vessel. PSOs would be on distribution, and activities of marine incorporated into this analysis via their duty in shifts of duration no longer than mammals in the area where the seismic impacts on the environmental baseline 4 hours. Other crew would also be study is conducted; (e.g., as reflected in the regulatory status instructed to assist in detecting marine (4) Information to compare the of the species, population size and mammals and in implementing distance and distribution of marine growth rate where known, ongoing mitigation requirements (if practical). mammals relative to the source vessel at sources of human-caused mortality, or During daytime, PSOs would scan the times with and without seismic activity; ambient noise levels). area around the vessel systematically and To avoid repetition, our analysis with reticle binoculars (e.g., 7x50 (5) Data on the behavior and applies to all the species listed in Table Fujinon) and with the naked eye. At movement patterns of marine mammals 2, given that NMFS expects the
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anticipated effects of the proposed engaged in feeding activities preventing at least some extent of seismic survey to be similar in nature. (Richardson et al., 1995). Prey species potential PTS in marine mammals that Where there are meaningful differences are mobile and are broadly distributed may otherwise occur in the absence of between species or stocks, or groups of throughout the project area; therefore, the proposed mitigation. species, in anticipated individual marine mammals that may be Of the marine mammal species under responses to activities, impact of temporarily displaced during survey our jurisdiction that are likely to occur expected take on the population due to activities are expected to be able to in the project area, the following species differences in population status, or resume foraging once they have moved are listed as endangered under the ESA: impacts on habitat, NMFS has identified away from areas with disturbing levels Fin, sei, blue, and sperm whales. There species-specific factors to inform the of underwater noise. Because of the are currently insufficient data to analysis. temporary nature of the disturbance, the determine population trends for these NMFS does not anticipate that serious availability of similar habitat and species (Hayes et al., 2017); however, injury or mortality would occur as a resources in the surrounding area, and we are proposing to authorize very result of SIO’s proposed seismic survey, the lack of important or unique marine small numbers of takes for these species even in the absence of proposed mammal habitat, the impacts to marine (Table 11), relative to their population mitigation. Thus the proposed mammals and the food sources that they sizes (again, when compared to U.S. authorization does not authorize any utilize are not expected to cause Atlantic stocks, for purposes of mortality. As discussed in the Potential significant or long-term consequences comparison only), therefore we do not Effects section, non-auditory physical for individual marine mammals or their expect population-level impacts to any effects, stranding, and vessel strike are populations. In addition, there are no of these species. The other marine not expected to occur. feeding, mating or calving areas known mammal species that may be taken by We propose to authorize a limited to be biologically important to marine harassment during SIO’s seismic survey number of instances of Level A mammals within the proposed project are not listed as threatened or harassment (Table 11) for one species. area. endangered under the ESA. There is no However, we believe that any PTS As described above, though marine designated critical habitat for any ESA- incurred in marine mammals as a result mammals in the survey area would not listed marine mammals within the of the proposed activity would be in the be assigned to NMFS stocks, for project area; of the non-listed marine form of only a small degree of PTS and purposes of the small numbers analysis mammals for which we propose to not total deafness that would not be we rely on stock numbers from the U.S. authorize take, none are considered likely to affect the fitness of any Atlantic SARs as the best available ‘‘depleted’’ or ‘‘strategic’’ by NMFS individuals, because of the constant information on the abundance estimates under the MMPA. movement of both the Atlantis and of for the species of marine mammals that NMFS concludes that exposures to the marine mammals in the project area, could be taken. The activity is expected marine mammal species due to SIO’s as well as the fact that the vessel is not to impact a very small percentage of all proposed seismic survey would result in expected to remain in any one area in marine mammal populations that would only short-term (temporary and short in which individual marine mammals be affected by SIO’s proposed survey duration) effects to individuals exposed, would be expected to concentrate for an (less than 34 percent each for all marine or some small degree of PTS to a very extended period of time (i.e., since the mammal stocks, when compared with small number of individuals of four duration of exposure to loud sounds stocks from the U.S. Atlantic as species. Marine mammals may will be relatively short). Also, as described above). Additionally, the temporarily avoid the immediate area, described above, we expect that marine acoustic ‘‘footprint’’ of the proposed but are not expected to permanently mammals would be likely to move away survey would be very small relative to abandon the area. Major shifts in habitat from a sound source that represents an the ranges of all marine mammals that use, distribution, or foraging success are aversive stimulus, especially at levels would potentially be affected. Sound not expected. NMFS does not anticipate that would be expected to result in PTS, levels would increase in the marine the proposed take estimates to impact given sufficient notice of the Atlantis’s environment in a relatively small area annual rates of recruitment or survival. approach due to the vessel’s relatively surrounding the vessel compared to the In summary and as described above, low speed when conducting seismic range of the marine mammals within the the following factors primarily support surveys. We expect that the majority of proposed survey area. The seismic array our preliminary determination that the takes would be in the form of short-term would be active 24 hours per day impacts resulting from this activity are Level B behavioral harassment in the throughout the duration of the proposed not expected to adversely affect the form of temporary avoidance of the area survey. However, the very brief overall species or stock through effects on or decreased foraging (if such activity duration of the proposed survey (25 annual rates of recruitment or survival: were occurring), reactions that are days) would further limit potential • No mortality is anticipated or considered to be of low severity and impacts that may occur as a result of the authorized; with no lasting biological consequences proposed activity. • The anticipated impacts of the (e.g., Southall et al., 2007). The proposed mitigation measures are proposed activity on marine mammals Potential impacts to marine mammal expected to reduce the number and/or would primarily be temporary habitat were discussed previously in severity of takes by allowing for behavioral changes due to avoidance of this document (see Potential Effects of detection of marine mammals in the the area around the survey vessel. The the Specified Activity on Marine vicinity of the vessel by visual and relatively short duration of the proposed Mammals and their Habitat). Marine acoustic observers, and by minimizing survey (25 days) would further limit the mammal habitat may be impacted by the severity of any potential exposures potential impacts of any temporary elevated sound levels, but these impacts via shutdowns of the airgun array. behavioral changes that would occur; would be temporary. Feeding behavior Based on previous monitoring reports • The number of instances of PTS is not likely to be significantly for substantially similar activities that that may occur are expected to be very impacted, as marine mammals appear to have been previously authorized by small in number (Table 11). Instances of be less likely to exhibit behavioral NMFS, we expect that the proposed PTS that are incurred in marine reactions or avoidance responses while mitigation will be effective in mammals would be of a low level, due
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to constant movement of the vessel and North Atlantic Sighting Survey No known current regional of the marine mammals in the area, and (TNASS), which provided full coverage population estimates are available for 5 the nature of the survey design (not of the Atlantic Canadian coast (Lawson marine mammal species that could be concentrated in areas of high marine and Gosselin, 2009) represents the best incidentally taken as a result of the mammal concentration); available information on abundance. proposed survey: The Bryde’s whale, • The availability of alternate areas of Abundance estimates from TNASS were killer whale, pygmy killer whale, similar habitat value for marine corrected for perception and availability Northern bottlenose whale, and ringed mammals to temporarily vacate the bias, when possible. In general, where seal. NMFS has reviewed the geographic survey area during the proposed survey the TNASS survey effort provided more distributions of these species in to avoid exposure to sounds from the extensive coverage of a stock’s range (as determining whether the numbers of activity; takes proposed for authorization herein • compared with NOAA shipboard survey The proposed project area does not effort), we elected to use the resulting are likely to represent small numbers. contain areas of significance for feeding, abundance estimate over the current Bryde’s whales are distributed mating or calving; NMFS abundance estimate (derived worldwide in tropical and sub-tropical • The potential adverse effects on fish from survey effort with more limited waters (Kato and Perrin, 2009). Killer or invertebrate species that serve as prey coverage of the stock range). For the whales are broadly distributed in the species for marine mammals from the humpback whale, NMFS defines a stock Atlantic from the Arctic ice edge to the proposed survey would be temporary of humpback whales in the Atlantic West Indies (Waring et al., 2015). The and spatially limited; and pygmy killer whale is distributed • only on the basis of the Gulf of Maine The proposed mitigation measures, worldwide in tropical to sub-tropical including visual and acoustic feeding population; however, multiple feeding populations originate from the waters (Jefferson et al. 1994). Northern monitoring and shutdowns, are bottlenose whales are distributed in the expected to minimize potential impacts DPS of humpback whales that is expected to occur in the proposed North Atlantic from Nova Scotia to to marine mammals. about 70° N in the Davis Strait, along Based on the analysis contained survey area (the West Indies DPS). As ° West Indies DPS whales from multiple the east coast of Greenland to 77 N and herein of the likely effects of the from England, Norway, Iceland and the feeding populations may be specified activity on marine mammals Faroe Islands to the south coast of encountered in the proposed survey and their habitat, and taking into Svalbard (Waring et al., 2015). The harp area, the total abundance of the West consideration the implementation of the seal occurs throughout much of the Indies DPS best reflects the abundance proposed monitoring and mitigation North Atlantic and Arctic Oceans of the population that may encountered measures, NMFS preliminarily finds (Lavigne and Kovacs 1988). Based on by the proposed survey. The West that the total marine mammal take from the broad spatial distributions of these Indies DPS abundance estimate used the proposed activity will have a species relative to the areas where the here reflects the latest estimate as negligible impact on all affected marine proposed surveys would occur, NMFS described in the NMFS Status Review of mammal species or stocks. preliminarily concludes that the the Humpback Whale under the authorized take of these species Small Numbers Endangered Species Act (Bettridge et represent small numbers relative to the al., 2015). Therefore, we use abundance As noted above, only small numbers affected species’ overall population data from the SARs in most cases, as of incidental take may be authorized sizes, though we are unable to quantify well as from the TNASS and NMFS under Section 101(a)(5)(D) of the MMPA the proposed take numbers as a Status Review, for purposes of the small for specified activities other than percentage of population. military readiness activities. The MMPA numbers analysis. The numbers of takes Based on the analysis contained does not define small numbers and so, that we propose for authorization to be herein of the proposed activity in practice, where estimated numbers taken, for all species and stocks are less (including the proposed mitigation and are available, NMFS compares the than a third of the population monitoring measures) and the number of individuals taken to the most abundance for all species and stocks, anticipated take of marine mammals, appropriate estimation of abundance of when compared to abundance estimates NMFS preliminarily finds that small the relevant species or stock in our from U.S. Atlantic SARs and TNASS numbers of marine mammals will be determination of whether an and NMFS Status Review (Table 11). We taken relative to the population size of authorization is limited to small again note that while some animals from the affected species or stocks. numbers of marine mammals. U.S. stocks may occur in the proposed Additionally, other qualitative factors survey area, the proposed survey area is Unmitigable Adverse Impact Analysis may be considered in the analysis, such outside the geographic boundaries of the and Determination as the temporal or spatial scale of the U.S. Atlantic SARs, thus populations of There are no relevant subsistence uses activities. marine mammals in the proposed of the affected marine mammal stocks or Marine mammals potentially taken by survey area would not be limited to the species implicated by this action. the proposed survey would not be U.S. stocks and those populations may Therefore, NMFS has preliminarily expected to originate from the U.S. in fact be larger than the U.S. stock determined that the total taking of Atlantic stocks as defined by NMFS abundance estimates. In addition, it affected species or stocks would not (Hayes et al., 2017). However, should be noted that take numbers have an unmitigable adverse impact on population abundance data for marine represent instances of take, not the availability of such species or stocks mammal species in the survey area is individuals taken. Given the relatively for taking for subsistence purposes. not available, therefore in most cases the small survey grids (Figure 1 in the IHA U.S. Atlantic SARs represent the best application), it is reasonable to expect Endangered Species Act (ESA) available information on marine that some individuals may be exposed Section 7(a)(2) of the ESA of 1973 (16 mammal abundance in the Northwest more than one time, which would mean U.S.C. 1531 et seq.) requires that each Atlantic Ocean. For certain species (i.e., that the number of individuals taken is Federal agency insure that any action it fin whale, minke whale and common somewhat smaller than the total authorizes, funds, or carries out is not dolphin) the 2007 Canadian Trans- instances of take indicated in Table 1. likely to jeopardize the continued
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existence of any endangered or those listed in Table 11 are detected by (v) During good conditions (e.g., threatened species or result in the PSOs, the acoustic source must be shut daylight hours; Beaufort sea state 3 or destruction or adverse modification of down to avoid unauthorized take. less), visual PSOs shall conduct designated critical habitat. To ensure (e) SIO shall ensure that the vessel observations when the acoustic source ESA compliance for the issuance of operator and other relevant vessel is not operating for comparison of IHAs, NMFS consults internally, in this personnel are briefed on all sighting rates and behavior with and case with the ESA Interagency responsibilities, communication without use of the acoustic source and Cooperation Division, whenever we procedures, marine mammal monitoring between acquisition periods, to the propose to authorize take for protocol, operational procedures, and maximum extent practicable. endangered or threatened species. IHA requirements prior to the start of (d) Exclusion Zone and buffer zone— The NMFS Permits and Conservation survey activity, and when relevant new PSOs shall establish and monitor a 100 Division is proposing to authorize the personnel join the survey operations. m EZ and 200 m buffer zone. The zones incidental take of 4 species of marine 4. Mitigation Requirements shall be based upon radial distance from mammals which are listed under the The holder of this Authorization is any element of the airgun array (rather ESA: the sei whale, fin whale, blue required to implement the following than being based on the center of the whale and sperm whale. We have mitigation measures: array or around the vessel itself). During requested initiation of Section 7 (a) SIO must use at least three (3) use of the acoustic source, occurrence of consultation with the Interagency dedicated, trained, NMFS-approved marine mammals outside the EZ but Cooperation Division for the issuance of PSOs. The PSOs must have no tasks within 200 m from any element of the this IHA. NMFS will conclude the ESA other than to conduct observational airgun array shall be communicated to section 7 consultation prior to reaching effort, record observational data, and the operator to prepare for potential a determination regarding the proposed communicate with and instruct relevant further mitigation measures as described issuance of the authorization. vessel crew with regard to the presence below. During use of the acoustic of marine mammals and mitigation source, occurrence of marine mammals Proposed Authorization requirements. PSO resumes shall be within the EZ, or on a course to enter As a result of these preliminary provided to NMFS for approval. the EZ, shall trigger further mitigation determinations, NMFS proposes to issue (b) At least one PSO must have a measures as described below. an IHA to SIO for conducting a low- minimum of 90 days at-sea experience (i) Ramp-up—A ramp-up procedure is energy seismic survey in the Northwest working as a PSO during a deep required at all times as part of the Atlantic Ocean in June-July 2018, penetration seismic survey, with no activation of the acoustic source. Ramp- provided the previously mentioned more than eighteen months elapsed up would begin with one 45 in3 airgun, mitigation, monitoring, and reporting since the conclusion of the at-sea and the second 45 in3 airgun would be requirements are incorporated. This experience. One ‘‘experienced’’ visual added after 5 minutes. section contains a draft of the IHA itself. PSO shall be designated as the lead for (ii) If the airgun array has been shut The wording contained in this section is the entire protected species observation down due to a marine mammal proposed for inclusion in the IHA (if team. The lead PSO shall serve as detection, ramp-up shall not occur until issued). primary point of contact for the vessel all marine mammals have cleared the 1. This IHA is valid for a period of operator. EZ. A marine mammal is considered to one year from the date of issuance. (c) Visual Observation have cleared the EZ if: 2. This IHA is valid only for marine (i) During survey operations (e.g., any (A) It has been visually observed to geophysical survey activity, as specified day on which use of the acoustic source have left the EZ; or in the SIO IHA application and using an is planned to occur; whenever the (B) It has not been observed within airgun array aboard the R/V Atlantis acoustic source is in the water, whether the EZ, for 15 minutes (in the case of with characteristics specified in the activated or not), typically two, and small odontocetes) or for 30 minutes (in application, in the Northwest Atlantic minimally one, PSO(s) must be on duty the case of mysticetes and large Ocean. and conducting visual observations at odontocetes including sperm, pygmy 3. General Conditions all times during daylight hours (i.e., sperm, and beaked whales). (a) A copy of this IHA must be in the from 30 minutes prior to sunrise (iii) Thirty minutes of pre-clearance possession of SIO, the vessel operator through 30 minutes following sunset). observation of the 100 m EZ and 200 m and other relevant personnel, the lead (ii) Visual monitoring must begin not buffer zone are required prior to ramp- PSO, and any other relevant designees less than 30 minutes prior to ramp-up, up for any shutdown of longer than 30 of SIO operating under the authority of including for nighttime ramp-ups of the minutes. This pre-clearance period may this IHA. airgun array, and must continue until occur during any vessel activity. If any (b) The species authorized for taking one hour after use of the acoustic source marine mammal (including delphinids) are listed in Table 11. The taking, by ceases or until 30 minutes past sunset. is observed within or approaching the Level A and Level B harassment only, (iii) PSOs shall coordinate to ensure EZ or buffer zone during the 30 minute is limited to the species and numbers 360° visual coverage around the vessel pre-clearance period, ramp-up may not listed in Table 11. Any taking exceeding from the most appropriate observation begin until the animal(s) has been the authorized amounts listed in Table posts and shall conduct visual observed exiting the EZ or buffer zone 11 is prohibited and may result in the observations using binoculars and the or until an additional time period has modification, suspension, or revocation naked eye while free from distractions elapsed with no further sightings (i.e., of this IHA. and in a consistent, systematic, and 15 minutes for small odontocetes and 30 (c) The taking by serious injury or diligent manner. minutes for all other species). death of any species of marine mammal (iv) PSOs may be on watch for a (iv) During ramp-up, at least two is prohibited and may result in the maximum of four consecutive hours PSOs shall monitor the 100 m EZ and modification, suspension, or revocation followed by a break of at least one hour 200 m buffer zone. Ramp-up may not be of this IHA. between watches and may conduct a initiated if any marine mammal (d) During use of the airgun(s), if maximum of 12 hours observation per (including delphinids) is observed marine mammal species other than 24 hour period. within or approaching the 100 m EZ. If
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a marine mammal is observed within or approaching the vessel. If animals are (B) If the vessel is stationary, the approaching the 100 m EZ during ramp- stationary and the vessel approaches the vessel must not engage engines until the up, a shutdown shall be implemented as animals, the shutdown requirement whale(s) has moved out of the vessel’s though the full array were operational. applies. If there is uncertainty regarding path and beyond 100 m. Ramp-up may not begin again until the identification (i.e., whether the observed (ii) The vessel must maintain a animal(s) has been observed exiting the animal(s) belongs to the group described minimum separation distance of 50 m 100 m EZ or until an additional time above) or whether the animals are from all other marine mammals, with an period has elapsed with no further traveling, shutdown must be exception made for animals described in sightings (i.e., 15 minutes for small implemented. 4(e)(iv) that approach the vessel. If an odontocetes and 30 minutes for (v) Upon implementation of a animal is encountered during transit, mysticetes and large odontocetes shutdown, the source may be the vessel shall attempt to remain including sperm, pygmy sperm, and reactivated under the conditions parallel to the animal’s course, avoiding beaked whales). described at 4(e)(vi). Where there is no excessive speed or abrupt changes in (v) If the airgun array has been shut relevant zone (e.g., shutdown due to course. down for reasons other than mitigation observation of a calf), a 30-minute (iii) Vessel speeds must be reduced to (e.g., mechanical difficulty) for a period clearance period must be observed 10 knots or less when mother/calf pairs, of less than 30 minutes, it may be following the last observation of the pods, or large assemblages of cetaceans activated again without ramp-up if PSOs animal(s). are observed near the vessel. have maintained constant visual (vi) Shutdown of the array is required (g) Miscellaneous Protocols observation and no visual detections of upon observation of a whale (i.e., sperm (i) The airgun array must be any marine mammal have occurred whale or any baleen whale) with calf, deactivated when not acquiring data or within the buffer zone. with ‘‘calf’’ defined as an animal less preparing to acquire data, except as (vi) Ramp-up at night and at times of than two-thirds the body size of an adult necessary for testing. Unnecessary use poor visibility shall only occur where observed to be in close association with of the acoustic source shall be avoided. an adult, at any distance. operational planning cannot reasonably Operational capacity of 90 in3 (not (vii) Shutdown of the array is required avoid such circumstances. Ramp-up including redundant backup airguns) may occur at night and during poor upon observation of an aggregation (i.e., six or more animals) of large whales of must not be exceeded during the survey, visibility if the 100 m EZ and 200 m except where unavoidable for source buffer zone have been continually any species (i.e., sperm whale or any baleen whale) that does not appear to be testing and calibration purposes. All monitored by visual PSOs for 30 occasions where activated source minutes prior to ramp-up with no traveling (e.g., feeding, socializing, etc.) at any distance. volume exceeds notified operational marine mammal detections. capacity must be noticed to the PSO(s) (vii) The vessel operator must notify (f) Vessel Strike Avoidance—Vessel on duty and fully documented. The lead a designated PSO of the planned start of operator and crew must maintain a PSO must be granted access to relevant ramp-up. The designated PSO must be vigilant watch for all marine mammals instrumentation documenting acoustic notified again immediately prior to and slow down or stop the vessel or source power and/or operational initiating ramp-up procedures and the alter course, as appropriate, to avoid volume. operator must receive confirmation from striking any marine mammal. These (ii) Testing of the acoustic source the PSO to proceed. requirements do not apply in any case (e) Shutdown requirements—An where compliance would create an involving all elements requires normal exclusion zone of 100 m shall be imminent and serious threat to a person mitigation protocols (e.g., ramp-up). established and monitored by PSOs. If a or vessel or to the extent that a vessel Testing limited to individual source marine mammal is observed within, is restricted in its ability to maneuver elements or strings does not require entering, or approaching the 100 m and, because of the restriction, cannot ramp-up but does require pre-clearance. exclusion zone all airguns shall be shut comply. A visual observer aboard the 5. Monitoring Requirements down. vessel must monitor a vessel strike The holder of this Authorization is (i) Any PSO on duty has the authority avoidance zone around the vessel required to conduct marine mammal to call for shutdown of the airgun array. according to the parameters stated monitoring during survey activity. When there is certainty regarding the below. Visual observers monitoring the Monitoring shall be conducted in need for mitigation action on the basis vessel strike avoidance zone can be accordance with the following of visual detection, the relevant PSO(s) either third-party observers or crew requirements: must call for such action immediately. members, but crew members (a) The operator must provide a night- (ii) The operator must establish and responsible for these duties must be vision device suited for the marine maintain clear lines of communication provided sufficient training to environment for use during nighttime directly between PSOs on duty and distinguish marine mammals from other ramp-up pre-clearance, at the discretion crew controlling the airgun array to phenomena. of the PSOs. At minimum, the device ensure that shutdown commands are (i) The vessel must maintain a should feature automatic brightness and conveyed swiftly while allowing PSOs minimum separation distance of 100 m gain control, bright light protection, to maintain watch. from large whales. The following infrared illumination, and optics suited (iii) When a shutdown is called for by avoidance measures must be taken if a for low-light situations. a PSO, the shutdown must occur and large whale is within 100 m of the (b) PSOs must also be equipped with any dispute resolved only following vessel: reticle binoculars (e.g., 7x50) of shutdown. (A) The vessel must reduce speed and appropriate quality (i.e., Fujinon or (iv) The shutdown requirement is shift the engine to neutral, when equivalent), GPS, compass, and any waived for dolphins of the following feasible, and must not engage the other tools necessary to adequately genera: Tursiops, Steno, Stenella, engines until the whale has moved perform necessary tasks, including Lagenorhynchus and Delphinus. The outside of the vessel’s path and the accurate determination of distance and shutdown waiver only applies if minimum separation distance has been bearing to observed marine mammals. animals are traveling, including established. (c) PSO Qualifications
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(i) PSOs must have successfully glare, and overall visibility to the (a) SIO shall submit a draft completed relevant training, including horizon comprehensive report on all activities completion of all required coursework (vii) Factors that may be contributing and monitoring results within 90 days and passing a written and/or oral to impaired observations during each of the completion of the survey or examination developed for the training PSO shift change or as needed as expiration of the IHA, whichever comes program. environmental conditions change (e.g., sooner. The report must describe all (ii) PSOs must have successfully vessel traffic, equipment malfunctions) activities conducted and sightings of attained a bachelor’s degree from an (viii) Survey activity information, marine mammals near the activities, accredited college or university with a such as acoustic source power output must provide full documentation of major in one of the natural sciences and while in operation, number and volume methods, results, and interpretation a minimum of 30 semester hours or of airguns operating in the array, tow pertaining to all monitoring, and must equivalent in the biological sciences and depth of the array, and any other notes summarize the dates and locations of at least one undergraduate course in of significance (i.e., pre-ramp-up survey, survey operations and all marine math or statistics. The educational ramp-up, shutdown, testing, shooting, mammal sightings (dates, times, requirements may be waived if the PSO ramp-up completion, end of operations, locations, activities, associated survey has acquired the relevant skills through streamers, etc.) activities). Geospatial data regarding alternate experience. Requests for such (ix) If a marine mammal is sighted, locations where the acoustic source was a waiver must include written the following information should be used must be provided as an ESRI justification. Alternate experience that recorded: shapefile with all necessary files and may be considered includes, but is not (A) Watch status (sighting made by appropriate metadata. In addition to the limited to (1) secondary education and/ PSO on/off effort, opportunistic, crew, report, all raw observational data shall or experience comparable to PSO duties; alternate vessel/platform); be made available to NMFS. The report (2) previous work experience (B) PSO who sighted the animal; must summarize the data collected as conducting academic, commercial, or (C) Time of sighting; required under condition 5(d) of this government-sponsored marine mammal (D) Vessel location at time of sighting; IHA. The draft report must be surveys; or (3) previous work experience (E) Water depth; accompanied by a certification from the as a PSO; the PSO should demonstrate (F) Direction of vessel’s travel lead PSO as to the accuracy of the good standing and consistently good (compass direction); report, and the lead PSO may submit performance of PSO duties. (G) Direction of animal’s travel directly to NMFS a statement (d) Data Collection—PSOs must use relative to the vessel; concerning implementation and standardized data forms, whether hard (H) Pace of the animal; effectiveness of the required mitigation (I) Estimated distance to the animal copy or electronic. PSOs shall record and monitoring. A final report must be and its heading relative to vessel at detailed information about any submitted within 30 days following initial sighting; implementation of mitigation resolution of any comments from NMFS (J) Identification of the animal (e.g., requirements, including the distance of on the draft report. animals to the acoustic source and genus/species, lowest possible (b) Reporting injured or dead marine description of specific actions that taxonomic level, or unidentified); also mammals: ensued, the behavior of the animal(s), note the composition of the group if (i) In the event that the specified any observed changes in behavior before there is a mix of species; activity clearly causes the take of a and after implementation of mitigation, (K) Estimated number of animals marine mammal in a manner not and if shutdown was implemented, the (high/low/best); prohibited by this IHA (if issued), such (L) Estimated number of animals by length of time before any subsequent as serious injury or mortality, SIO shall cohort (adults, yearlings, juveniles, ramp-up of the acoustic source to immediately cease the specified calves, group composition, etc.); resume survey. If required mitigation activities and immediately report the (M) Description (as many was not implemented, PSOs should incident to the NMFS Office of distinguishing features as possible of submit a description of the Protected Resources. The report must each individual seen, including length, circumstances. We require that, at a include the following information: minimum, the following information be shape, color, pattern, scars or markings, (A) Time, date, and location (latitude/ reported: shape and size of dorsal fin, shape of longitude) of the incident; (i) PSO names and affiliations head, and blow characteristics); (B) Vessel’s speed during and leading (ii) Dates of departures and returns to (N) Detailed behavior observations up to the incident; port with port name (e.g., number of blows, number of (C) Description of the incident; (iii) Dates and times (Greenwich Mean surfaces, breaching, spyhopping, diving, (D) Status of all sound source use in Time) of survey effort and times feeding, traveling; as explicit and the 24 hours preceding the incident; corresponding with PSO effort detailed as possible; note any observed (E) Water depth; (iv) Vessel location (latitude/ changes in behavior); (F) Environmental conditions (e.g., longitude) when survey effort begins (O) Animal’s closest point of wind speed and direction, Beaufort sea and ends; vessel location at beginning approach and/or closest distance from state, cloud cover, and visibility); and end of visual PSO duty shifts the center point of the acoustic source; (G) Description of all marine mammal (v) Vessel heading and speed at (P) Platform activity at time of observations in the 24 hours preceding beginning and end of visual PSO duty sighting (e.g., deploying, recovering, the incident; shifts and upon any line change testing, shooting, data acquisition, (H) Species identification or (vi) Environmental conditions while other); and description of the animal(s) involved; on visual survey (at beginning and end (Q) Description of any actions (I) Fate of the animal(s); and of PSO shift and whenever conditions implemented in response to the sighting (J) Photographs or video footage of the change significantly), including wind (e.g., delays, shutdown, ramp-up, speed animal(s). speed and direction, Beaufort sea state, or course alteration, etc.) and time and Activities shall not resume until Beaufort wind force, swell height, location of the action. NMFS is able to review the weather conditions, cloud cover, sun 6. Reporting circumstances of the prohibited take.
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NMFS will work with SIO to determine footage or other documentation of the • A request for renewal is received no what measures are necessary to sighting to NMFS. later than 60 days prior to expiration of minimize the likelihood of further 7. This Authorization may be the current IHA. • prohibited take and ensure MMPA modified, suspended or withdrawn if The request for renewal must compliance. SIO may not resume their the holder fails to abide by the include the following: activities until notified by NMFS. conditions prescribed herein, or if (1) An explanation that the activities (ii) In the event that SIO discovers an NMFS determines the authorized taking to be conducted beyond the initial dates injured or dead marine mammal, and is having more than a negligible impact either are identical to the previously the lead observer determines that the on the species or stock of affected analyzed activities or include changes cause of the injury or death is unknown marine mammals. so minor (e.g., reduction in pile size) that the changes do not affect the and the death is relatively recent (e.g., Request for Public Comments in less than a moderate state of previous analyses, take estimates, or decomposition), SIO shall immediately We request comment on our analyses, mitigation and monitoring report the incident to the NMFS Office the proposed authorization, and any requirements. of Protected Resources. The report must other aspect of this Notice of Proposed (2) A preliminary monitoring report include the same information identified IHA for the proposed survey. We also showing the results of the required in condition 6(b)(i) of this IHA. request comment on the potential for monitoring to date and an explanation Activities may continue while NMFS renewal of this proposed IHA as showing that the monitoring results do reviews the circumstances of the described in the paragraph below. not indicate impacts of a scale or nature incident. NMFS will work with SIO to not previously analyzed or authorized. Please include with your comments any • determine whether additional supporting data or literature citations to Upon review of the request for mitigation measures or modifications to help inform our final decision on the renewal, the status of the affected the activities are appropriate. request for MMPA authorization. species or stocks, and any other pertinent information, NMFS (iii) In the event that SIO discovers an On a case-by-case basis, NMFS may determines that there are no more than injured or dead marine mammal, and issue a second one-year IHA without minor changes in the activities, the the lead observer determines that the additional notice when (1) another year mitigation and monitoring measures injury or death is not associated with or of identical or nearly identical activities remain the same and appropriate, and related to the specified activities (e.g., as described in the Specified Activities the original findings remain valid. previously wounded animal, carcass section is planned or (2) the activities with moderate to advanced would not be completed by the time the Dated: April 24, 2018. decomposition, or scavenger damage), IHA expires and a second IHA would Donna S. Wieting, SIO shall report the incident to the allow for completion of the activities Director, Office of Protected Resources, NMFS Office of Protected Resources beyond that described in the Dates and National Marine Fisheries Service. within 24 hours of the discovery. SIO Duration section, provided all of the [FR Doc. 2018–08891 Filed 4–26–18; 8:45 am] shall provide photographs or video following conditions are met: BILLING CODE 3510–22–P
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Part III
Department of the Interior
Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removing Textual Descriptions of Critical Habitat Boundaries for Mammals, Birds, Amphibians, Fishes, Clams, Snails, Arachnids, Crustaceans, and Insects; Final Rule
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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Federal Register is the official Carey Galst, U.S. Fish and Wildlife delineation of the critical habitat Fish and Wildlife Service Service, MS: ES, 5275 Leesburg Pike, designation. This approach began with Falls Church, VA 22041–3803; critical habitat designations published 50 CFR Part 17 telephone 703–358–1954. If you use a after the effective date of the final rule [Docket No. FWS–HQ–ES–2015–0008; telecommunications device for the deaf (May 31, 2012). 4500030113] (TDD), call the Federal Relay Service at Specifically, for critical habitat rules 800–877–8339. published after May 31, 2012, the RIN 1018–BA81 SUPPLEMENTARY INFORMATION: map(s), as clarified or refined by any textual language within the rule, Endangered and Threatened Wildlife Executive Summary constitutes the definition of the and Plants; Removing Textual Why we need to publish a rule boundaries of a critical habitat. Each Descriptions of Critical Habitat amendment. We have reviewed our critical habitat area is shown on a map, Boundaries for Mammals, Birds, critical habitat designations published with more-detailed information Amphibians, Fishes, Clams, Snails, in the Code of Federal Regulations for discussed in the preamble or the Arachnids, Crustaceans, and Insects mammals, birds, amphibians, fishes, rulemaking documents published in the AGENCY: Fish and Wildlife Service, clams, snails, arachnids, crustaceans, Federal Register. The map published in Interior. and insects. Based on that review, we the CFR is generated from the ACTION: Final rule; technical have found that we can provide more coordinates and/or plot points amendment. cost-efficient, helpful, and streamlined corresponding to the location of the critical habitat designations by boundaries. These coordinates and/or SUMMARY: We, the U.S. Fish and removing the often-lengthy textual plot points are included in the Wildlife Service (Service), are removing descriptions of critical habitat administrative record for the the textual descriptions of critical boundaries from those designations for designation and are available to the habitat boundaries from those which the maps have been determined public either online or at the Service designations for mammals, birds, to be sufficient to stand as the official field office responsible for the amphibians, fishes, clams, snails, delineation of critical habitat. This rule designation or both. In addition, if the arachnids, crustaceans, and insects for does not increase, decrease, or in any Service concludes that additional tools which the maps have been determined other way alter the critical habitat or supporting information are to be sufficient to stand as the official designations from which we are appropriate and would help the public delineation of critical habitat. For these removing the textual descriptions of understand the official boundary map, entries, the boundaries of critical habitat boundaries. A change to the Code of we make the additional tools and as mapped or otherwise described will Federal Regulations can only be supporting information available on our be the official delineation of the completed by issuing a final rule. internet site and at the Service field designation. The coordinates and/or The basis for our action. Executive office responsible for the critical habitat plot points that we are removing from Order 13563 directs Federal agencies to designation. the Code of Federal Regulations will be review their existing regulations and The preamble to the May 1, 2012, available to the public at the lead field then to modify or streamline them in final rule (77 FR 25611) explained how office of the Service responsible for the accordance with what they learned. the Service would handle boundaries designation and online at the Federal This action results from our review of for critical habitat that had already been eRulemaking Portal. This action does our critical habitat regulations. This designated before May 31, 2012; the rule not increase, decrease, or otherwise change will save taxpayer resources and states that ‘‘for existing critical habitat change the boundaries of any critical make the critical habitat designations designations, we also intend to remove habitat designation. We are taking this published in the Code of Federal the textual descriptions of final critical action in accordance with our May 1, Regulations more user-friendly. habitat boundaries set forth in the CFR in order to save the annual reprinting 2012, revision of the regulations related Background to publishing textual descriptions of cost, but we must do so in separate On May 1, 2012, we published a final critical habitat boundaries in the Code rulemakings to ensure that removing the rule (77 FR 25611) revising our of Federal Regulations and as part of our textual descriptions does not change the regulations related to publishing textual response to Executive Order 13563 existing boundaries of those descriptions of proposed and final (January 18, 2011) directing Federal designations’’ (77 FR 25618). We have critical habitat boundaries in the now begun applying this approach to agencies to review their existing Federal Register for codification in the regulations and then to modify or critical habitat designations Code of Federal Regulations (CFR). In promulgated prior to May 31, 2012. This streamline them in accordance with the interest of making the process of what they learned. rule is the second in a series of rules designating critical habitat more user- based on our evaluation of the map(s) in DATES: This rule is effective May 29, friendly for affected parties and the each critical habitat designation at 50 2018. public as a whole, as well as more CFR 17.95, 17.96, and 17.99 to ADDRESSES: This final rule is available efficient and cost effective, we determine whether or not the map(s) online at the Federal eRulemaking maintained the publication of maps of will be sufficient to inform the public of Portal at http://www.regulations.gov. proposed and final critical habitat the boundaries of the designations and Supporting documentation used in the designations but made optional the can therefore stand as the official preparation of this rule will be available inclusion of any textual description of delineation of the designation. for public inspection, by appointment, the boundaries of the designation in the On October 27, 2017, we published a during normal business hours at: U.S. Federal Register for codification in the final rule (82 FR 49751) removing Fish and Wildlife Service, Branch of CFR. The boundaries of critical habitat textual descriptions of critical habitat Listing Policy and Support, MS: ES, as mapped or otherwise described in the boundaries from those designations for 5275 Leesburg Pike, Falls Church, VA Regulation Promulgation section of a plants on the Hawaiian Islands of Kauai, 22041–3803; telephone 703–358–2171. rulemaking that is published in the Niihau, and Hawaii at 50 CFR 17.99.
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That final rule established that the map, necessary because the relevant map(s) a savings of approximately $34,935 per as clarified or refined by any textual does not adequately show the excluded year in printing costs for the Service. language within the rule, constitutes the area(s), which can be very small within Over many years, eliminating the need definition of the boundaries of the a much larger critical habitat unit. to reprint Universal Transverse critical habitat for the applicable Retaining those textual descriptions Mercator (UTM) coordinate pairs and designation. It did not alter the locations ensures that the public has accurate and other textual descriptions at 50 CFR of any boundaries. This is the second complete information regarding critical 17.95 will result in a considerable rule in a series of rules to remove the habitat units and areas excluded from cumulative cost savings for the Service textual descriptions of critical habitat critical habitat designation. and the public as a whole. boundaries from those designations for Also, for certain designations with We will publish a series of rules, of which the maps have been determined unit maps that display multiple units on which this is the second, to remove the to be sufficient to stand as the official one map, if a unit or subunit description textual descriptions from all of the delineation of critical habitat. does not state where the unit map is critical habitat designations at 50 CFR provided in the regulations, we are 17.95, 17.96, and 17.99 that have map(s) This Rule adding that information with this rule. sufficient to stand as the official For 50 CFR 17.95(a), (b), (d), (e), (f), This nonsubstantive change will allow delineation of the designation. (g), (h), and (i), the critical habitat users to locate unit maps more easily in The detailed UTM coordinates or designations for mammals, birds, our critical habitat regulations. other textual descriptions we are amphibians, fishes, clams and snails, We are also making the following removing in this rule will continue to be arachnids, crustaceans, and insects, corrections to our regulations in this available online at the Federal respectively, we evaluated the map(s) in rule: eRulemaking Portal (see ADDRESSES) and each entry to determine whether or not (1) We are correcting the map at the lead Service field office it can stand as the official delineation of provided in the CFR for the critical responsible for the designation to assist the designation. We looked for a habitat designation at 50 CFR 17.95(e) the public in understanding the official combination of certain map elements, for yellowfin madtom (Noturus boundary. including, but not limited to, the name flavipinnis). The map in that entry was We note that the Service never of the species (or of the grouping of for the critical habitat designation for maintained that requiring detailed species), the unit number and/or name, the slender chub (Erimystax =(Hybopsis) textual descriptions was legally the names of counties and/or States cahni) rather than the correct one necessary. Instead, the first critical shown, a clear map key, and an published on September 9, 1977, at 42 habitat regulations required only that appropriate map scale, to determine FR 45526, and republished on critical habitat designations be whether or not a map is sufficient to September 22, 1977, at 42 FR 47840, for ‘‘accompanied by maps and/or serve as the official delineation of the the yellowfin madtom. The map in the geographical descriptions’’ (43 FR 870, designation. critical habitat designation for yellowfin 876; January 4, 1978). Although the In this rule, we are removing the madtom is provided for informational Service subsequently added the textual descriptions of critical habitat purposes only; because the map is not requirement that critical habitat boundaries from those entries at 50 CFR sufficient to inform the public of the designations include textual 17.95(a), (b), (d), (e), (f), (g), (h), and (i) boundaries, the map does not stand as descriptions describing the specific that have maps sufficient to stand as the the official delineation of critical habitat boundary limits of the critical habitat, official delineation of the designation. for that species. there is nothing in the preamble to that In those entries, we are removing the (2) We are correcting the spelling of rule indicating that the Service did so word ‘‘Note:’’ (or ‘‘NOTE:’’ or ‘‘Note:’’) the scientific name in the heading of the because the Act required it. Rather, it if it precedes a map that will now stand critical habitat designation for the Leon was in response to several commenters, as the official delineation of the critical Springs pupfish at 50 CFR 17.95(e). who had opined that the proposed rule habitat designation. For critical habitat (3) We are correcting an erroneous was not sufficiently clear in setting out designations at 50 CFR 17.95(a), (b), (d), reference to the San Bernardino the method by which critical habitat (e), (f), (g), (h), and (i) with maps that springsnail (Pyrgulopsis bernardina) in boundaries would be described (45 FR do not meet our sufficiency criteria, we paragraph (2) of the entry for Three 13009, 13015; February 27, 1980). are adding a statement (‘‘The map Forks springsnail (Pyrgulopsis trivialis) Removing these unnecessary textual provided is for informational purposes at 50 CFR 17.95(f). descriptions will significantly reduce only.’’) to clarify that the textual (4) We are correcting an erroneous the length of some critical habitat descriptions, not the maps, in those reference to multiple ‘‘maps’’ in the designations, making each designation entries are the official delineation of entry for the Salt Creek tiger beetle easier to locate in the CFR; will not critical habitat. (Cicindela nevadica lincolniana). Only weaken the effectiveness of the Act; and For certain designations, we are one map is provided in that entry. will not undermine the public’s ability retaining the textual descriptions of the This rule does not increase, decrease, to identify the boundaries of critical boundaries of either the entire or in any other way alter the critical habitat designations. designated critical habitat unit or of the habitat designations from which we are The information printed in the CFR is areas excluded from the critical habitat removing the textual descriptions of the legally binding delineation of designation to clarify or refine the boundaries. This administrative action critical habitat. If there is ambiguity due provided map, in accordance with 50 will save taxpayer resources. The to the scale of the map such that CFR 17.94. We determined that for some Service spent approximately $163,000 additional regulatory text is needed to designations providing textual to reprint the critical habitat ensure that the public has adequate descriptions of the boundaries enhanced designations at 50 CFR 17.95 for the notice of the boundaries, we provide the clarity of the designation, so we most-recent print edition of the CFR. additional regulation text. The only have opted to retain those textual Based on a review of the print edition change to the CFR that we are making descriptions. In addition, we found that of the CFR, we estimate that this rule with this action is removing the detailed in some instances retaining the textual will remove approximately 411 pages of textual description of the boundaries of description of an excluded area is the relevant CFR volumes, amounting to the specific areas designated as critical
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habitat (e.g., latitude-longitude and Required Determinations independent nonprofit organizations; UTM coordinates). We still generate small governmental jurisdictions, Regulatory Planning and Review— including school boards and city and those data, and make them available at Executive Orders 12866 and 13563 http://www.regulations.gov and at the town governments that serve fewer than lead field office of the Service Executive Order 12866 provides that 50,000 residents; and small businesses responsible for the critical habitat the Office of Information and Regulatory (13 CFR 121.201). Small businesses Affairs (OIRA) will review all significant designation. Neither the critical habitat include such businesses as rules. OIRA has determined that this designation nor the underlying data on manufacturing and mining concerns rule is not significant. with fewer than 500 employees, which it is based can be changed Executive Order 13563 reaffirms the without undergoing a further wholesale trade entities with fewer than principles of E.O. 12866 while calling 100 employees, and retail and service rulemaking. for improvements in the nation’s businesses with less than $5 million in As stated earlier, the actions we are regulatory system to promote annual sales. In general, the term taking in this rule do not increase, predictability, to reduce uncertainty, ‘‘significant economic impact’’ is meant decrease, or otherwise alter the critical and to use the best, most innovative, to apply to a typical small business habitat boundaries or areas. For 50 CFR and least burdensome tools for firm’s business operations. 17.95(a), (b), (d), (e), (f), (g), (h), and (i), achieving regulatory ends. The This rule will not have a significant we are merely removing the reference executive order directs agencies to economic impact on a substantial points (e.g., UTM or latitude-longitude consider regulatory approaches that number of small entities as defined coordinates) of the textual descriptions reduce burdens and maintain flexibility under the RFA. This rule is an from existing final critical habitat and freedom of choice for the public administrative action to remove the designations, and we are doing so only where these approaches are relevant, textual descriptions from critical habitat where we have determined that the feasible, and consistent with regulatory designations at 50 CFR 17.95(a), (b), (d), objectives. E.O. 13563 emphasizes existing maps are sufficient to inform (e), (f), (g), (h), and (i) that have maps further that regulations must be based sufficient to stand as the official the public of the boundaries of the on the best available science and that delineation of critical habitat. This designations and can therefore stand as the rulemaking process must allow for action does not increase, decrease, or in the official delineation of critical public participation and an open any other way alter the areas or habitat. However, we will continue to exchange of ideas. We have developed boundaries of the critical habitat provide the reference points of the this rule in a manner consistent with designations from which we are textual descriptions at http:// these requirements. removing the textual descriptions of www.regulations.gov and at the lead boundaries. field office of the Service responsible for Executive Order 13771 This action will save taxpayer the critical habitat designation. This rule is not an E.O. 13771 resources. The Service spent The actions we are taking in this rule (‘‘Reducing Regulation and Controlling approximately $163,000 to reprint the require us to also revise 50 CFR Regulatory Costs’’) (82 FR 9339, critical habitat designations at 50 CFR 17.94(b), to set forth an explanation of February 3, 2017) regulatory action 17.95 for the most-recent print edition because this rule is not significant under which critical habitat designations have of the CFR. Based on a review of the E.O. 12866. maps that stand as the official print edition of the CFR, we estimate that this rule will remove approximately delineation of critical habitat and which Regulatory Flexibility Act (5 U.S.C. 601 411 pages of the relevant CFR volumes, do not. et seq.) amounting to a savings of approximately We are publishing this final rule Under the Regulatory Flexibility Act $34,935 per year in printing costs for the without a prior proposal because we (RFA), as amended by the Small Service. While over many years, find that there is good cause for doing Business Regulatory Enforcement eliminating the need to reprint so pursuant to 5 U.S.C. 553(b)(3)(B). The Fairness Act of 1996 (SBREFA), 5 U.S.C. Universal Transverse Mercator (UTM) ‘‘good cause’’ exception applies when 601 et seq., whenever an agency is coordinate pairs and other textual an agency finds ‘‘that notice and public required to publish a notice of descriptions at 50 CFR 17.95 will result procedure thereon are impracticable, rulemaking for any proposed or final in a considerable cumulative cost unnecessary, or contrary to the public rule, it must prepare and make available savings to the Service and the public as interest.’’ Publication of a proposed rule for public comment a regulatory a whole, this rule will result in only a flexibility analysis that describes the for this action is unnecessary because small annual savings to the Service and effects of the rule on small entities (i.e., this is an administrative action that does the public. small businesses, small organizations, not increase, decrease, or otherwise Therefore, for the reasons above, we and small government jurisdictions). certify that this rule will not have a change critical habitat boundaries or However, no regulatory flexibility areas. Therefore, this action will not significant economic impact on a analysis is required if the head of the substantial number of small entities. affect any legal rights. Rather, it will agency certifies the rule will not have a merely reduce the publication length of significant economic impact on a Unfunded Mandates Reform Act some rules designating critical habitat, substantial number of small entities. (2 U.S.C. 1501 et seq.) which will save taxpayer resources and The SBREFA amended the RFA to In accordance with the Unfunded make each designation easier to locate require Federal agencies to provide a Mandates Reform Act (2 U.S.C. 1501 et in the CFR. We find that it is in the best statement of the factual basis for seq.), the Services make the following interest of the public to promulgate certifying that the rule will not have a findings: these administrative and technical significant economic impact on a a. This rule will not produce a Federal changes to 50 CFR 17.95 and without substantial number of small entities. mandate. In general, a Federal mandate undergoing procedures that are According to the Small Business is a provision in legislation, statute, or unnecessary. Administration, small entities include regulation that would impose an small organizations such as enforceable duty upon State, local, or
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tribal governments, or the private sector Federalism—Executive Order 13132 in 43 CFR 46.215 applies. We have and includes both ‘‘Federal In accordance with Executive Order reviewed each of the 12 exceptions and intergovernmental mandates’’ and 13132 (Federalism), the rule does not have found that because this rule is ‘‘Federal private sector mandates.’’ have significant Federalism effects. A administrative in nature, none of the These terms are defined in 2 U.S.C. federalism summary impact statement is exceptions apply. Although the 658(5)–(7). ‘‘Federal intergovernmental not required. The revisions to the exception at 43 CFR 46.215(h) applies to mandate’’ includes a regulation that regulations addressed in this rule are actions that ‘‘have a significant impact’’ ‘‘would impose an enforceable duty intended to promote the usability of the on listed species or designated critical upon State, local, or tribal governments’’ regulations and make the process of habitat, this action will not have any with two exceptions: (1) ‘‘a condition of designating critical habitat more cost- such significant impact, because it is Federal assistance’’ or (2) ‘‘a duty effective, and thus should not administrative in nature and affects only the format in which critical habitat arising from participation in a voluntary significantly affect or burden the boundaries are delineated and not the Federal program,’’ unless the regulation authority of the States to govern substance of the critical habitat ‘‘relates to a then-existing Federal themselves. designations. Therefore, this action program under which $500,000,000 or Civil Justice Reform—Executive Order meets the requirements for a categorical more is provided annually to State, 12988 exclusion from the NEPA process. local, and tribal governments under In accordance with Executive Order entitlement authority’’; the provision Government-to-Government 12988 (Civil Justice Reform), this rule Relationship With Tribes would either ‘‘increase the stringency of follows the Civil Justice Reform conditions of assistance’’ or ‘‘place caps principles for regulations that do not In accordance with the President’s upon, or otherwise decrease, the Federal unduly burden the Federal judicial memorandum of April 29, 1994, Government’s responsibility to provide system, by meeting the requirements of ‘‘Government-to-Government Relations funding’’; and the State, local, or tribal sections 3(a) and 3(b) of the Executive with Native American Tribal governments ‘‘lack authority . . . to Order. The revisions to the regulations Governments’’ (59 FR 22951), Executive amend their financial or programmatic addressed in this rule should not Order 13175 ‘‘Consultation and responsibilities to continue providing significantly affect or burden the Coordination with Indian Tribal required services.’’ At the time of judicial system. Governments,’’ and the Department of enactment, these entitlement programs the Interior Manual at 512 DM 2, we Paperwork Reduction Act of 1995 were: Medicaid; AFDC work programs; readily acknowledge our responsibility Child Nutrition; Food Stamps; Social This rule does not contain any new to communicate meaningfully with Services Block Grants; Vocational collections of information that require recognized Native American Tribes on a Rehabilitation State Grants; Foster Care, approval by the Office of Management government-to-government basis. We have evaluated the potential effects on Adoption Assistance, and Independent and Budget (OMB) under the Paperwork federally recognized Tribes from these Living; Family Support Welfare Reduction Act (44 U.S.C. 3501 et seq.). This rule will not impose recordkeeping revisions to our regulations. We have Services; and Child Support determined that there are no potential Enforcement. ‘‘Federal private sector or reporting requirements on State or local governments, individuals, effects to federally recognized Tribes, as mandate’’ includes a regulation that businesses, or organizations. An agency the revisions to the regulations are ‘‘would impose an enforceable duty may not conduct or sponsor, and a intended to promote the usability of upon the private sector, except (i) a person is not required to respond to, a critical habitat designations and save condition of Federal assistance or (ii) a collection of information unless it taxpayer monies. We will continue to duty arising from participation in a displays a currently valid OMB control coordinate with Tribes as we voluntary Federal program.’’ This rule number. promulgate critical habitat designations. does not produce a Federal mandate under either of these definitions. National Environmental Policy Act Energy Supply, Distribution, or Use (NEPA) b. This rule will not significantly or Executive Order 13211 (Actions uniquely affect small governments, We analyzed this rule in accordance Concerning Regulations That because the revisions to the regulations with the criteria of the National Significantly Affect Energy Supply, in this rule should make our critical Environmental Policy Act of 1969 Distribution, or Use) requires agencies habitat designations more user-friendly (NEPA) (42 U.S.C. 4321 et seq.), 43 CFR to prepare Statements of Energy Effects and will make the process more cost- part 46, and 516 Departmental Manual when undertaking certain actions. ‘‘Significant energy action’’ means any effective for the Service and the public (DM) 2 and 8. action by an agency (normally as a whole. As such, we do not believe A categorical exclusion from NEPA published in the Federal Register) that that a Small Government Agency Plan is documentation applies to policies, promulgates or is expected to lead to the required. directives, regulations, and guidelines that are ‘‘of an administrative, financial, promulgation of a final rule or Takings—Executive Order 12630 legal, technical, or procedural nature’’ regulation, including notices of inquiry, (43 CFR 46.210(i)). This rule falls within advance notices of proposed In accordance with Executive Order this categorical exclusion because it is rulemaking, and notices of proposed 12630 (‘‘Government Actions and administrative and technical in nature— rulemaking that is a significant Interference with Constitutionally it affects only the format in which the regulatory action under Executive Order Protected Private Property Rights’’), we critical habitat boundaries are 12866 or any successor order, and is have evaluated this rule, and we have delineated in the regulations. likely to have a significant adverse effect determined that this rule does not pose However, even if an individual on the supply, distribution, or use of significant takings implications. The Federal action falls within a categorical energy; or that is designated by the revisions to the regulations set forth in exclusion, the Service must still prepare Administrator of the Office of this rule do not involve individual environmental documents pursuant to Information and Regulatory Affairs as a property rights. NEPA if one of the 12 exceptions listed significant energy action. This rule does
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not qualify as a significant regulatory List of Subjects in 50 CFR Part 17 PART 17—ENDANGERED AND action under Executive Order 12866 and THREATENED WILDLIFE AND PLANTS will not have a significant adverse effect Endangered and threatened species, on the supply, distribution, or use of Exports, Imports, Reporting and ■ 1. The authority citation for part 17 energy, and has not been designated by recordkeeping requirements, continues to read as follows: the Administrator of the Office of Transportation. Authority: 16 U.S.C. 1361–1407; 1531– Information and Regulatory Affairs as a Regulation Promulgation 1544; 4201–4245, unless otherwise noted. significant energy action. Therefore, this ■ 2. Amend § 17.94 by revising action is not a significant energy action Accordingly, we amend part 17, paragraph (b) to read as follows: and no Statement of Energy Effects is subchapter B of chapter I, title 50 of the required. Code of Federal Regulations, as follows: § 17.94 Critical habitats. * * * * * (b) Maps.
If the critical habitat map appears in . . . Then . . .
(1) A critical habitat designation in § 17.95(a), The map provided by the Secretary of the Interior, as clarified or refined by any textual lan- (b), (d), (e), (f), (g), (h), or (i), and the des- guage within the rule, constitutes the definition of the boundaries of a critical habitat. Each ignation does not state that the map(s) is for critical habitat area will be shown on a map, with more-detailed information discussed in the informational purposes only, or (2) A critical preamble of the rulemaking documents published in the Federal Register and made avail- habitat designation in § 17.99, or (3) A critical able from the lead field office of the Service responsible for such designation. Each area will habitat designation published and effective be referenced to the State(s), county(ies), or other local government units within which all or after May 31, 2012. part of the critical habitat is located. General descriptions of the location and boundaries of each area may be provided to clarify or refine what is included within the boundaries de- picted on the map, or to explain the exclusion of sites (e.g., paved roads, buildings) within the mapped area. Unless otherwise indicated within the critical habitat descriptions, the names of the State(s) and county(ies) are provided for informational purposes only and do not constitute the boundaries of the area. (4) A critical habitat designation that states that The map provided by the Secretary of the Interior is for reference purposes to guide Federal the map(s) is for informational purposes only, agencies and other interested parties in locating the general boundaries of the critical habi- or (5) A critical habitat designation published tat. The map does not, unless otherwise indicated, constitute the definition of the bound- and effective on or prior to May 31, 2012, that aries of a critical habitat. Critical habitats are described by reference to surveyable land- is set forth at § 17.95(c) or § 17.96. marks found on standard topographic maps of the area and to the States and county(ies) within which all or part of the critical habitat is located. Unless otherwise indicated within the critical habitat description, the State and county(ies) names are provided for informational purposes only.
■ 3. Amend § 17.95 as follows: (6)(ii); by removing paragraph (7)(ii) and Segment,’’ by adding a sentence to the ■ a. Amend paragraph (a) as follows: redesignating paragraph (7)(iii) as (7)(ii); end of paragraph (1). ■ i. In the entry for ‘‘Mariana Fruit Bat by revising paragraph (8)(ii); by ■ xii. In the entry for ‘‘Silver Rice Rat (Pteropus mariannus mariannus),’’ by removing paragraph (9)(ii) and (Oryzomys palustris natator (=O. removing and reserving paragraph redesignating paragraph (9)(iii) as (9)(ii); argentatus)),’’ by revising the note. (4)(ii)(A), and by removing the word by removing paragraph (10)(ii) and ■ xiii. In the entry for ‘‘Peninsular ‘‘NOTE:’’ at the beginning of paragraph redesignating paragraph (10)(iii) as Bighorn Sheep, A Distinct Population (4)(ii)(B). (10)(ii); and by removing ‘‘Note:’’ at the Segment of Desert Bighorn Sheep (Ovis ■ ii. In the entry for ‘‘Virginia Big-eared beginning of newly redesignated canadensis nelsoni),’’ by removing and Bat (Plecotus townsendii virginianus),’’ paragraphs (7)(ii), (9)(ii), and (10)(ii). reserving paragraph (6)(i), (7)(i), (8)(i), by revising the note. ■ viii. In the entry for ‘‘Perdido Key and (9)(i); by removing the word ■ iii. In the entry for ‘‘Fresno Kangaroo Beach Mouse (Peromyscus polionotus ‘‘NOTE:’’ at the beginning of paragraphs Rat (Dipodomys nitratoides exilis),’’ by trissyllepsis),’’ by adding a sentence to (6)(ii) and (7)(ii); and by removing the revising the note. the end of paragraph (1). word ‘‘Note:’’ at the beginning of ■ iv. In the entry for ‘‘Morro Bay paragraphs (8)(ii) and (9)(ii). ■ ix. In the entry for ‘‘Preble’s Meadow Kangaroo Rat (Dipodomys heermanni ■ xiv. In the entry for ‘‘Sierra Nevada Jumping Mouse (Zapus hudsonius morroensis),’’ by revising the note. Bighorn Sheep (Ovis canadensis preblei),’’ by adding a sentence to the ■ v. In the entry for ‘‘San Bernardino sierrae),’’ by revising paragraphs (6)(i) end of paragraph (1). Kangaroo Rat (Dipodomys merriami and (9)(i); by removing and reserving parvus),’’ by revising paragraphs (6)(i) ■ x. In the entry for ‘‘St. Andrew Beach paragraphs (7)(i), (8)(i), (10)(i), (11)(i), and (8)(i) to read as set forth below; by Mouse (Peromyscus polionotus (12)(i), (13)(i), (14)(i), (15)(i), (16)(i), and removing and reserving paragraphs peninsularis),’’ by removing paragraph (17)(i); and by removing ‘‘Note:’’ at the (7)(i), (9)(i), and (10)(i); and by removing (6)(ii) and redesignating paragraph beginning of paragraphs (6)(ii), (7)(ii), ‘‘Note:’’ at the beginning of paragraphs (6)(iii) as (6)(ii); by revising paragraph (8)(ii), (9)(ii), (10)(ii), (11)(ii), (12)(ii), (6)(ii), (7)(ii), (8)(ii), (9)(ii), and (10)(ii). (7)(ii); by removing paragraph (8)(ii) and (13)(ii), (14)(ii), (15)(ii), (16)(ii), and ■ vi. In the entry for ‘‘Alabama Beach redesignating paragraph (8)(iii) as (8)(ii); (17)(ii). Mouse (Peromyscus polionotus and by removing ‘‘Note:’’ at the ■ xv. In the entry for ‘‘Mount Graham ammobates),’’ by adding a sentence to beginning of newly redesignated Red Squirrel (Tamiasciurus hudsonicus the end of paragraph (1). paragraphs (6)(ii) and (8)(ii). grahamensis),’’ by revising the note. ■ vii. In the entry for ‘‘Choctawhatchee ■ xi. In the entry for ‘‘Northern Sea ■ xvi. In the entry for ‘‘Amargosa Vole Beach Mouse (Peromyscus polionotus Otter (Enhydra lutris kenyoni), (Microtus californicus scirpensis),’’ by allophrys),’’ by revising paragraph Southwest Alaska Distinct Population revising the note.
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■ b. Amend paragraph (b) as follows: (63), (64), (65), (66), (68), (69), (70), and (15)(ii), (16)(ii), (17)(ii), (18)(ii), (19)(ii), ■ i. In the entry for ‘‘Akekee (Loxops (71). (20)(ii), (21)(ii), (22)(ii), (23)(ii), (24)(ii), caeruleirostris),’’ by adding a sentence ■ xiii. In the entry for ‘‘Palila newly redesignated (25)(ii), newly to the end of paragraph (1). (Psittirostra bailleui),’’ by revising the redesignated (26)(ii), (27)(ii), (28)(ii), ■ ii. In the entry for ‘‘Akikiki note. (29)(ii), (30)(ii), (31)(ii), (32)(ii), (33)(ii), (Oreomystis bairdi),’’ by adding a ■ xiv. In the entry for ‘‘Piping Plover (34)(ii), (35)(ii), (36)(ii), (37)(ii), (38)(ii), sentence to the end of paragraph (1). (Charadrius melodus)—Great Lakes (39)(ii), (40)(ii), (41)(ii), (42)(ii), (43)(ii), ■ iii. In the entry for ‘‘Whooping Crane Breeding Population,’’ by adding a (44)(ii), (45)(ii), (46)(ii), (47)(ii), (48)(ii), (Grus americana),’’ by revising the note sentence to the end of paragraph 1. (49)(ii), (50)(ii), (51)(ii), (52)(ii), (53)(ii), above each of the four maps. ■ xv. In the entry for ‘‘Piping Plover and (54)(ii). ■ iv. In the entry for ‘‘Mariana Crow (Charadrius melodus) Wintering ■ iii. In the entry for ‘‘Chiricahua (Corvus kubaryi),’’ by removing and Habitat,’’ by removing the fourth Leopard Frog (Lithobates reserving paragraph (4)(ii)(A); by sentence of paragraph 3., and by adding chiricahuensis),’’ by removing ‘‘NOTE:’’ removing paragraphs (4)(iii)(A) and (C); a sentence immediately following the at the beginning of paragraphs (6)(iii), by redesignating paragraph (4)(iii)(B) as second sentence of paragraph 3. (7)(ii), (8)(xxiii), (9)(vi), (10)(xiv), (4)(iii)(A) and paragraph (4)(iii)(D) as ■ xvi. In the entry for ‘‘Piping Plover (11)(xi), (12)(ii), (13)(viii), (14)(iii), (4)(iii)(B); by revising the introductory (Charadrius melodus)—Northern Great (15)(vi), (16)(ii), (17)(iv), (18)(x), (19)(iv), text of newly redesignated paragraph Plains Breeding Population,’’ by adding (20)(ii), (21)(x), (22)(ii), (23)(v), (4)(iii)(A); and by removing the word a sentence to the end of paragraph 1. (24)(xiii), (25)(xi), (26)(iv), (27)(ii), ‘‘Note:’’ from the beginning of paragraph ■ xvii. In the entry for ‘‘Cape Sable (28)(iii), (29)(ii), (30)(ii), (31)(ix), (32)(ii), (4)(ii)(B) and newly redesignated Seaside Sparrow (Ammodramus (33)(ii), (34)(ii), (35)(ii), (36)(vi), (37)(ii), paragraph (4)(iii)(B). maritimus mirabilis),’’ by removing and (38)(ii), (39)(ii), (40)(ii), (41)(ii), (42)(ii), ■ v. In the entry for ‘‘Spectacled Eider reserving paragraphs (5)(ii), (6)(ii), (43)(v), and (44)(iii). (Somateria fischeri),’’ by adding a new (7)(ii), (8)(ii), and (9)(ii), and by ■ iv. In the entry for ‘‘Dusky Gopher second sentence. removing ‘‘NOTE:’’ at the beginning of Frog (Rana sevosa),’’ by: ■ vi. In the entry for ‘‘Steller’s Eider paragraph (10). ■ A. Removing and reserving (Polysticta stelleri),’’ in paragraph 1, by ■ xviii. In the entry for ‘‘Inyo Brown paragraphs (6)(i), (7)(i), (8)(i), (9)(i), removing the words, ‘‘The maps are for Towhee (Pipilo fuscus eremophilus),’’ (10)(i), (11)(i), (12)(i), (13)(i), (14)(i), reference only’’ and by adding in their by revising the note in paragraphs (10) (15)(i), (16)(i), and (17)(i); place the words, ‘‘The maps provided and (11). ■ B. Removing paragraphs (7)(ii), (9)(ii), are for informational purposes only’’. ■ xix. In the entry for ‘‘Least Bell’s Vireo and (10)(ii); ■ vii. In the entry for ‘‘Oahu Elepaio (Vireo bellii pusillus),’’ by revising the ■ C. Redesignating paragraph (7)(iii) as (Chasiempis sandwichensis ibidis),’’ by introductory text. (7)(ii), paragraph (9)(iii) as (9)(ii), and adding a sentence to the end of ■ xx. In the entry for ‘‘Rota Bridled paragraph (10)(iii) as (10)(ii); and paragraph (1). White-Eye (Zosterops rotensis),’’ by ■ D. Removing ‘‘NOTE:’’ at the ■ viii. In the entry for the ‘‘Coastal removing paragraph (5)(i); by beginning of paragraphs (6)(ii), newly California Gnatcatcher (Polioptila redesignating paragraph (5)(ii) as (5)(i) redesignated (7)(ii), (8)(ii), newly californica californica),’’ by revising and paragraph (5)(iii) as (5)(ii); by redesignated (9)(ii) and (10)(ii), (11)(ii), paragraphs (6)(i), (8)(i), (9)(i), (11)(i), revising the introductory text of newly (12)(ii), (13)(ii), (14)(ii), (15)(ii), (16)(ii), (12)(i), (13)(i), (14)(i), (15)(i), and (16)(i) designated paragraph (5)(i); and by and (17)(ii). to read as set forth below; by removing removing ‘‘NOTE:’’ from the beginning ■ v. In the entry for ‘‘Mountain Yellow- and reserving paragraphs (7)(i) and of newly redesignated paragraph (5)(ii). Legged Frog (Rana muscosa), Southern (10)(i); and by removing ‘‘Note:’’ from ■ c. Amend paragraph (d) as follows: California DPS,’’ by: the beginning of paragraphs (6)(ii), ■ i. In the entry for ‘‘Golden Coqui ■ A. Removing and reserving (7)(ii), (8)(ii), (9)(ii), (10)(ii), (11)(ii), (Eleutherodactylus jasperi),’’ by revising paragraphs (5)(i)(A), (5)(ii)(A), (12)(ii), (13)(ii), (14)(ii), (15)(ii), and the two notes in paragraph (3) (5)(iii)(A), (5)(iv)(A), (5)(v)(A), (5)(vi)(A), (16)(ii). ■ ii. In the entry for ‘‘California Red- and (5)(vii)(A); ■ ix. In the entry for ‘‘Guam legged Frog (Rana draytonii),’’ by: ■ B. Revising paragraph (6)(i)(A); and Micronesian Kingfisher (Halcyon ■ A. Removing and reserving ■ C. Removing and reserving paragraphs cinnamomina cinnamomina),’’ by paragraphs (7)(i), (8)(i), (9)(i), (12)(i), (6)(ii)(A), (6)(iii)(A), (7)(i)(A), (7)(ii)(A), removing and reserving paragraph (13)(i), (14)(i), (15)(i), (16)(i), (17)(i), (7)(iii)(A), and (7)(iv)(A). (4)(ii)(A), and by removing the word (18)(i), (19)(i), (20)(i), (21)(i), (22)(i), ■ vi. In the entry for ‘‘Guajo´n ‘‘Note:’’ from the beginning of paragraph (23)(i), (24)(i), (26)(i), (27)(i), (30)(i), (Eleutherodactylus cooki),’’ by: (4)(ii)(B). (31)(i), (33)(i), (34)(i), (35)(i), (36)(i), ■ A. Removing paragraphs (6)(ii), (7)(ii), ■ x. In the entry for ‘‘Everglade Snail (37)(i), (38)(i), (39)(i), (40)(i), (41)(i), (8)(ii), (9)(ii), (10)(ii), (11)(ii), (12)(ii), Kite (Rostrhamus sociabilis plumbeus),’’ (42)(i), (43)(i), (44)(i), (45)(i), (46)(i), (13)(ii), (14)(ii), (15)(ii), (16)(ii), (17)(ii), by revising the note. (47)(i), (48)(i), (49)(i), (50)(i), (51)(i), (18)(ii), (19)(ii), (20)(ii), (21)(ii), and ■ xi. In the entry for ‘‘Marbled Murrelet (52)(i), (53)(i), and (54)(i); (22)(ii); (Brachyramphus marmoratus),’’ by ■ B. Revising paragraphs (10)(i), (11)(i), ■ B. Redesignating paragraph (6)(iii) as adding a sentence to the end of and (25)(i); (6)(ii), paragraph (7)(iii) as (7)(ii), paragraph 1. ■ C. Removing paragraphs (25)(ii) and paragraph (8)(iii) as (8)(ii), paragraph ■ xii. In the entry for ‘‘Mexican Spotted (26)(ii); (9)(iii) as (9)(ii), paragraph (10)(iii) as Owl (Strix occidentalis lucida),’’ by ■ D. Redesignating paragraph (25)(iii) as (10)(ii), paragraph (11)(iii) as (11)(ii), revising paragraphs (8), (9), (10), (12), (25)(ii) and paragraph (26)(iii) as (26)(ii); paragraph (12)(iii) as (12)(ii), paragraph (13), (15), (16), (17), (19), (21), (22), (23), ■ E. Revising paragraphs (28)(i), (29)(i), (13)(iii) as (13)(ii), paragraph (14)(iii) as (24), (25), (26), (28), (29), (30), (31), (32), and (32)(i); and (14)(ii), paragraph (15)(iii) as (15)(ii), (34), (35), (36), (37), (38), (39), (41), (42), ■ F. Removing ‘‘Note:’’ at the beginning paragraph (16)(iii) as (16)(ii), paragraph (43), (44), (45), (47), (49), (50), (51), (52), of paragraphs (7)(ii), (8)(ii), (9)(ii), (17)(iii) as (17)(ii), paragraph (18)(iii) as (53), (54), (56), (57), (58), (59), (60), (61), (10)(ii), (11)(ii), (12)(ii), (13)(ii), (14)(ii), (18)(ii), paragraph (19)(iii) as (19)(ii),
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paragraph (20)(iii) as (20)(ii), paragraph (7)(i)(B), (7)(ii)(B), (7)(iii)(B), and ■ xix. In the entry for ‘‘Niangua Darter (21)(iii) as (21)(ii), and paragraph (7)(iv)(B). (Etheostoma nianguae),’’ by revising the (22)(iii) as (22)(ii); ■ xi. In the entry for ‘‘Reticulated notes above the four maps. ■ C. Revising newly redesignated Flatwoods Salamander (Ambystoma ■ xx. In the entry for ‘‘Slackwater Darter paragraphs (11)(ii), (13)(ii), (16)(ii), and bishopi),’’ by adding a sentence at the (Etheostoma boschungi),’’ by revising (19)(ii); and end of paragraph (1), the note. ■ D. Removing ‘‘Note:’’ at the beginning ■ xii. In the entry for ‘‘San Marcos ■ xxi. In the entry for ‘‘San Marcos of newly redesignated paragraphs (6)(ii), Salamander (Eurycea nana),’’ by Gambusia (Gambusia georgei),’’ by (7)(ii), (8)(ii), (9)(ii), (10)(ii), (12)(ii), revising the note. revising the note. (14)(ii), (15)(ii), (17)(ii), (18)(ii), (20)(ii), ■ xiii. In the entry for ‘‘Arroyo Toad ■ xxii. In the entry for ‘‘Conasauga (21)(ii), and (22)(ii). (Anaxyrus californicus),’’ by adding a Logperch (Percina jenkinsi),’’ by ■ vii. In the entry for ‘‘California Tiger sentence at the end of paragraph (1). revising the note. ■ Salamander (Ambystoma californiense) xiv. In the entry for ‘‘Houston Toad ■ xxiii. In the entry for ‘‘Smoky Madtom in Santa Barbara County,’’ by: (Bufo houstonensis),’’ by revising the (Noturus baileyi),’’ by revising the note. ■ A. Redesignating the second note in both paragraphs (1) and (2). ■ xxiv. Revising the entry for ■ d. Amend paragraph (e) as follows: paragraph (7)(i) as (7)(ii); ‘‘Yellowfin Madtom (Noturus ■ i. In the entry for ‘‘Yaqui Catfish ■ B. Removing and reserving paragraphs flavipinnis)’’. (Ictalurus pricei),’’ by revising the note. (6)(i), (7)(i), (8)(i), (9)(i), and (10)(i); ■ xxv. In the entry for ‘‘Devils River ■ ■ ii. In the entry for ‘‘Bonytail Chub C. Removing (10)(ii); Minnow (Dionda diaboli),’’ by removing ■ D. Redesignating paragraph (10)(iii) as (Gila elegans),’’ by revising the note. ■ iii. In the entry for ‘‘Borax Lake Chub ‘‘Note:’’ at the beginning of paragraphs (10)(ii); and (6)(ii) and (7)(ii). ■ E. Removing ‘‘Note:’’ at the beginning (Gila boraxobius),’’ by revising the note. ■ ■ xxvi. In the entry for ‘‘Loach Minnow of paragraphs (6)(ii), newly redesignated iv. In the entry for ‘‘Gila Chub (Gila (Tiaroga cobitis),’’ by removing ‘‘Note:’’ (7)(ii), (8)(ii), (9)(ii), and newly intermedia),’’ by removing ‘‘Note:’’ at at the beginning of paragraphs (6)(vi), redesignated (10)(ii). the beginning of paragraphs (7)(v), (7)(v), (8)(vii), (9)(ii), (10)(ii), (11)(v), ■ viii. In the entry for ‘‘Central (8)(ii), (9)(iii), (10)(iv), (11)(v), (12)(v), (12)(vii), and (13)(vii). Population of the California Tiger and (13)(vii). ■ ■ Salamander (Ambystoma v. In the entry for ‘‘Humpback Chub xxvii. In the entry for ‘‘Rio Grande californiense),’’ by: (Gila cypha),’’ by adding a note above Silvery Minnow (Hybognathus ■ A. Removing and reserving the map. amarus),’’ by adding a sentence to the ■ paragraphs (16)(i), (19)(i), (20)(i), (21)(i), vi. In the entry for ‘‘Owens Tui Chub end of paragraph (1). ■ (22)(i), (23)(i), (24)(i), (25)(i), (26)(i), (Gila bicolor snyderi),’’ by revising the xxviii. In the entry for ‘‘Ash Meadows (27)(i), (28)(i), (29)(i), (30)(i), (31)(i), note above the map in paragraphs 1 and Amargosa Pupfish (Cyprinodon (32)(i), (33)(i), (34)(i), (35)(i), (36)(i), 2. nevadensis mionectes),’’ by revising the ■ vii. In the entry for ‘‘Slender Chub (37)(i), (38)(i), (39)(i), (40)(i), (41)(i), note. (Erimystax =(Hybopsis) cahni),’’ ■ (42)(i), (43)(i), (44)(i), (45)(i), (46)(i), xxix. In the entry for ‘‘Desert Pupfish revising the note. (47)(i), (48)(i), (49)(i), (50)(i), and (51)(i); (Cyprinodon macularius),’’ by revising ■ viii. In the entry for ‘‘Sonora Chub ■ B. Revising paragraphs (17)(i) and the two notes. (Gila ditaenia),’’ by revising the note in ■ (18)(i); and xxx. In the entry for ‘‘Leon Springs ■ C. Removing ‘‘Note:’’ at the beginning paragraph 4. Pupfish (Cyprindon bovinus),’’ by ■ ix. In the entry for ‘‘Spotfin Chub of paragraphs (16)(ii), (17)(ii), (18)(ii), revising the word ‘‘Cyprindon’’ to read (Erimonax monachus),’’ by revising the (19)(ii), (20)(ii), (21)(ii), (22)(ii), (23)(ii), ‘‘Cyprinodon’’ in its heading and by notes above the three maps. revising the note. (24)(ii), (25)(ii), (26)(ii), (27)(ii), (28)(ii), ■ x. In the entry for ‘‘Virgin River Chub ■ xxxi. In the entry for ‘‘Arkansas River (29)(ii), (30)(ii), (31)(ii), (32)(ii), (33)(ii), (Gila seminuda),’’ by adding a note (34)(ii), (35)(ii), (36)(ii), (37)(ii), (38)(ii), Shiner (Notropis girardi),’’ by removing above the map. ‘‘Note:’’ at the beginning of paragraph (39)(ii), (40)(ii), (41)(ii), (42)(ii), (43)(ii), ■ xi. In the entry for ‘‘Yaqui Chub (Gila (44)(ii), (45)(ii), (46)(ii), (47)(ii), (48)(ii), (6)(iii). purpurea),’’ by revising the note. ■ xxxii. In the entry for ‘‘Beautiful (49)(ii), (50)(ii), and (51)(ii). ■ xii. In the entry for ‘‘Ash Meadows ■ Shiner (Notropis formosus),’’ by revising ix. In the entry for ‘‘California Tiger Speckled Dace (Rhinichthys osculus Salamander (Ambystoma californiense) the note. nevadensis),’’ by revising the note. ■ in Sonoma County,’’ by removing and ■ xiii. In the entry for ‘‘Desert Dace xxxiii. In the entry for ‘‘Cape Fear reserving paragraph (56)(i). (Eremichthys acros),’’ by revising the Shiner (Notropis mekistocholas),’’ by ■ x. In the entry for ‘‘Frosted Flatwoods note. revising the note in paragraph (3). Salamander (Ambystoma cingulatum),’’ ■ xiv. In the entry for ‘‘Amber Darter ■ xxxiv. In the entry for ‘‘Pecos by: (Percina antesella),’’ by revising the Bluntnose Shiner (Notropis simus ■ A. Removing and reserving note. pecosensis),’’ by revising the notes in paragraphs (6)(i)(A), (6)(ii)(A), ■ xv. In the entry for ‘‘Diamond Darter paragraphs 1 and 2. (6)(iii)(A), (6)(iv)(A), (6)(v)(A), (6)(vi)(A), (Crystallaria cincotta),’’ by removing ■ xxxv. In the entry for ‘‘Sharpnose (6)(vii)(A), (6)(viii)(A), (6)(ix)(A), ‘‘Note:’’ at the beginning of paragraphs Shiner (Notropis oxyrhynchus),’’ by (6)(x)(A), (6)(xi)(A), (6)(xii)(A), (6)(ii) and (7)(ii). removing ‘‘Note:’’ at the beginning of (6)(xiii)(A), (6)(xiv)(A), (6)(xv)(A), ■ xvi. In the entry for ‘‘Fountain Darter paragraphs (7)(ii), (8)(ii), (9)(ii), (10)(ii), (7)(i)(A), (7)(ii)(A), (7)(iii)(A), and (Etheostoma fonticola),’’ by revising the (11)(ii), and (12)(ii). (7)(iv)(A); and note. ■ xxxvi. In the entry for ‘‘Topeka Shiner ■ B. Removing ‘‘Note:’’ at the beginning ■ xvii. In the entry for ‘‘Leopard Darter (Notropis topeka),’’ by removing of paragraphs (6)(i)(B), (6)(ii)(B), (Percina pantherina),’’ by revising the ‘‘Note:’’ at the beginning of paragraphs (6)(iii)(B), (6)(iv)(B), (6)(v)(B), (6)(vi)(B), note. (6), (8), (10), (12), and (14). (6)(vii)(B), (6)(viii)(B), (6)(ix)(B), ■ xviii. In the entry for ‘‘Maryland ■ xxxvii. In the entry for ‘‘Waccamaw (6)(x)(B), (6)(xi)(B), (6)(xii)(B), Darter (Etheostoma sellare),’’ by revising Silverside (Menidia extensa),’’ by (6)(xiii)(B), (6)(xiv)(B), (6)(xv)(B), the note. removing the note.
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■ xxxviii. In the entry for ‘‘Delta Smelt a sentence to the end of paragraph (1) walkeriana),’’ by adding a sentence to (Hypomesus transpacificus),’’ by introductory text. the end of paragraph 1. revising the note. ■ ii. In the entry for ‘‘Carolina ■ xi. In the entry for ‘‘Newcomb’s Snail ■ xxxix. In the entry for ‘‘Spikedace Heelsplitter (Lasmigona decorata),’’ by (Erinna newcombi),’’ by adding a (Meda fulgida),’’ by adding a sentence to adding a sentence to the end of sentence to the end of paragraph (1). the end of paragraph (1). paragraph (1). ■ xii. In the entry for ‘‘Pecos Assiminea ■ xl. In the entry for ‘‘Big Spring ■ iii. In the entry for ‘‘Eleven Mobile (Assiminea pecos),’’ by removing and Spinedace (Lepidomeda mollispinus River Basin Mussel Species: Southern reserving paragraphs (5)(i), (6)(i), (7)(i), pratensis),’’ by revising the note. acornshell (Epioblasma othcaloogensis), and (8)(i), and by removing ‘‘NOTE:’’ at ■ xli. In the entry for ‘‘Little Colorado ovate clubshell (Pleurobema the beginning of paragraphs (5)(ii), Spinedace (Lepidomeda vittata),’’ by perovatum), southern clubshell (6)(ii), and (7)(ii). adding a note immediately before each (Pleurobema decisum), upland ■ xiii. In the entry for ‘‘Interrupted map in paragraphs 1, 2, and 3. combshell (Epioblasma metastriata), Rocksnail (Leptoxis foremani),’’ by ■ xlii. In the entry for ‘‘White River triangular kidneyshell (Ptychobranchus removing ‘‘NOTE:’’ from the beginning Spinedace (Lepidomeda albivallis),’’ by greenii), Alabama moccasinshell of paragraphs (6)(ii), (7)(ii), and (8)(ii). revising the notes above the two maps. (Medionidus acutissimus), Coosa ■ xiv. In the entry for ‘‘Koster’s ■ xliii. In the entry for ‘‘Hiko White moccasinshell (Medionidus parvulus), Springsnail (Juturnia kosteri) and River Springfish (Crenichthys baileyi orange-nacre mucket (Lampsilis Roswell Springsnail (Pyrgulopsis grandis),’’ by revising the note. perovalis), dark pigtoe (Pleurobema roswellensis),’’ by removing and ■ xliv. In the entry for ‘‘Railroad Valley furvum), southern pigtoe (Pleurobema reserving paragraphs (5)(i) and (6)(i), Springfish (Crenichthys nevadae),’’ by georgianum), and fine-lined pocketbook and by removing ‘‘NOTE:’’ from the redesignating the second paragraph 1 as (Lampsilis altilis),’’ by adding a beginning of paragraph (5)(ii). ■ paragraph 2, and by revising the note in sentence to the end of paragraph (2) xv. In the entry for ‘‘San Bernardino each paragraph. Springsnail (Pyrgulopsis bernardina),’’ ■ introductory text. xlv. In the entry for ‘‘White River ■ iv. In the entry for ‘‘Five Tennessee by revising the introductory text of Springfish (Crenichthys baileyi and Cumberland River Basin Mussels paragraph (5). ■ baileyi),’’ by revising the note. Species: Purple bean (Villosa xvi. In the entry for ‘‘Three Forks ■ xlvi. In the entry for ‘‘Colorado perpurpurea), Cumberlandian Springsnail (Pyrgulopsis trivialis),’’ by Squawfish (Ptychocheilus lucius),’’ by combshell (Epioblasma brevidens), revising paragraphs (2) introductory text adding a note above the map. and (5) introductory text and by ■ xlvii. In the entry for ‘‘Alabama Cumberland elktoe (Alasmidonta atropurpurea), oyster mussel removing paragraphs (6), (7), and (8). Sturgeon (Scaphirhynchus suttkusi),’’ ■ f. Amend paragraph (g) as follows: by removing ‘‘Note:’’ at the beginning of (Epioblasma capsaeformis), and rough ■ i. In the entry for ‘‘Cokendolpher Cave paragraph (5)(ii). rabbitsfoot (Quadrula cylindrica Harvester (Texella cokendolpheri),’’ by ■ xlviii. In the entry for ‘‘Gulf Sturgeon strigillata),’’ by adding a sentence to the removing and reserving paragraph (6)(i), (Acipenser oxyrinchus desotoi)’’ by end of paragraph (2) introductory text. and by removing ‘‘NOTE:’’ at the ■ v. In the entry for ‘‘Seven Mussel adding a sentence to the end of beginning of paragraph (6)(ii). paragraph (1). Species (in Four Northeast Gulf of ■ ii. In the entry for Braken Bat Cave ■ xlix. In the entry for ‘‘White Sturgeon Mexico Drainages): Purple bankclimber Meshweaver (Cicurina venii),’’ by (Acipenser transmontanus); Kootenai (Elliptoideus sloatianus), Gulf removing and reserving paragraph (4)(i) River Population,’’ by removing ‘‘Note:’’ moccasinshell (Medionidus and by removing ‘‘NOTE:’’ at the at the beginning of paragraph (3). penicillatus), Ochlockonee beginning of paragraph (4)(ii). ■ l. In the entry for ‘‘June Sucker moccasinshell (Medionidus ■ iii. In the entry for ‘‘Government (Chasmistes liorus),’’ by revising the simpsonianus), Oval pigtoe (Pleurobema Canyon Bat Cave Meshweaver (Cicurina note. pyriforme), Shinyrayed pocketbook vespera),’’ by removing and reserving ■ li. In the entry for ‘‘Razorback Sucker (Lampsilis subangulata), Chipola paragraph (4)(i) and by removing (Xyrauchen texanus),’’ by adding a note slabshell (Elliptio chipolaensis), and Fat ‘‘NOTE:’’ at the beginning of paragraph before the map. threeridge (Amblema neislerii),’’ by (4)(ii). ■ lii. In the entry for ‘‘Santa Ana Sucker removing ‘‘NOTE:’’ at the beginning of ■ iv. In the entry for ‘‘Madla Cave (Catostomus santaanae),’’ by removing paragraphs (7)(ii), (8)(ii), (9)(ii), (10)(ii), Meshweaver (Cicurina madla),’’ by: and reserving paragraphs (6)(i), (7)(i), (11)(ii), (12)(ii), (13)(ii), (14)(ii), (15)(ii), ■ A. Removing and reserving and the first (8)(i), designating the (16)(ii), and (17)(ii). paragraphs (5)(i), (6)(i), (7)(i), (8)(i), second paragraph (8)(i) as paragraph ■ vi. In the entry for ‘‘Georgia Pigtoe (9)(i), (10)(i), (11)(i), (12)(i), (13)(i), (8)(ii), and by removing and reserving (Pleurobema hanleyianum),’’ by (14)(i), (15)(i), and (16)(i); paragraphs (9)(i), (10)(i), and (11)(i). removing ‘‘NOTE:’’ from the beginning ■ B. Removing paragraph (15)(ii); ■ liii. In the entry for ‘‘Shortnose Sucker of paragraphs (6)(ii), (7)(ii), and (8)(ii). ■ C. Redesignating paragraph (15)(iii) as (Chasmistes brevirostris),’’ by removing ■ vii. In the entry for ‘‘Altamaha (15)(ii); and ‘‘NOTE:’’ from paragraphs (6) and (7). Spinymussel (Elliptio spinosa),’’ by ■ D. Removing ‘‘NOTE:’’ at the ■ liv. In the entry for ‘‘Warner Sucker removing ‘‘NOTE:’’ from the beginning beginning of paragraphs (5)(ii), (6)(ii), (Catostomus warnerensis),’’ by revising of paragraphs (6)(ii), (7)(ii), (8)(ii), and (7)(ii), (8)(ii), (9)(ii), (10)(ii), (11)(ii), the note in paragraphs 2 and 5. (9)(ii). (12)(ii), (13)(ii), (14)(ii), newly ■ lv. In the entry for ‘‘Little Kern Golden ■ viii. In the entry for ‘‘Tumbling Creek redesignated (15)(ii), and (16)(ii). Trout (Salmo aguabonita whitei),’’ by Cavesnail (Antrobia culveri),’’ by adding ■ v. In the entry for Robber Baron Cave revising the note. a sentence to the end of paragraph (1). Meshweaver (Cicurina baronia),’’ by ■ lvi. In the entry for ‘‘Woundfin ■ ix. In the entry for ‘‘Rough Hornsnail removing and reserving paragraphs (4)(i) (Plagopterus argentissimus),’’ by adding (Pleurocera foremani),’’ by removing and (5)(i) and by removing ‘‘NOTE:’’ at note before the map. ‘‘NOTE:’’ from the beginning of the beginning of paragraphs (4)(ii) and ■ e. Amend paragraph (f) as follows: paragraphs (6)(ii) and (7)(ii). (5)(ii). ■ i. In the entry for ‘‘Appalachian Elktoe ■ x. In the entry for ‘‘Morro ■ vi. In the entry for ‘‘Government (Alasmidonta raveneliana),’’ by adding Shoulderband Snail (Helminthoglypta Canyon Bat Cave Spider (Neoleptoneta
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microps),’’ by removing and reserving ■ D. Redesignating paragraphs (8)(viii) (19)(xii) as (19)(ii), and (22)(vii) as paragraph (4)(i) and by removing the as (8)(i), (8)(ix) as (8)(ii), (9)(xiii) as (22)(ii); ‘‘NOTE:’’ at the beginning of paragraph (9)(i), (9)(xiv) as (9)(ii), (9)(xv) as (9)(iii), ■ E. Removing the word ‘‘NOTE:’’ from (4)(ii). (9)(xvi) as (9)(iv), (10)(ix) and (10)(i), newly redesignated paragraphs (5)(ii), ■ vii. In the entry for ‘‘Kauai Cave Wolf (10)(x) as (10)(ii), and (10)(xi) as (6)(ii), and (7)(ii), paragraph (10), newly Spider (Adelocosa anops),’’ by adding a (10)(iii); and redesignated paragraphs (12)(ii), (14)(ii), sentence to the end of paragraph (1). ■ E. Removing ‘‘NOTE:’’ from the (15)(ii), and (16)(ii), paragraph (18), ■ viii. In the entry for ‘‘Spruce-Fir Moss beginning of paragraphs (6)(ii) and newly redesignated paragraph (19)(ii), Spider (Microhexura montivaga),’’ by (7)(ii), and newly redesignated paragraph (21), and newly redesignated adding a sentence to the end of paragraphs (8)(i), (8)(ii), (9)(i), (9)(ii), paragraph (22)(ii). paragraph 1. (9)(iii), (9)(iv), (10)(i), (10)(ii), and ■ h. Amend paragraph (i) as follows: ■ ■ g. Amend paragraph (h) as follows: (10)(iii). i. In the entry for ‘‘Casey’s June Beetle ■ i. In the entry for ‘‘Kauai Cave ■ vi. In the entry for ‘‘Vernal Pool Fairy (Dinacoma caseyi),’’ by removing Amphipod (Spelaeorchestia koloana),’’ Shrimp (Branchinecta lynchi),’’ by: ‘‘NOTE:’’ at the beginning of paragraph by adding a sentence to the end to ■ A. Revising paragraphs (4), (5), (6), (8), (5) and by removing paragraph (6). ■ ii. In the entry for ‘‘Delta Green paragraph (1). (9), (10), (11), (12), (15), (17), (19), (20), Ground Beetle (Elaphrus viridis),’’ by ■ ii. In the entry for ‘‘Noel’s Amphipod (22), (23), (24), (26), (27), (30), (31), (35), (Gammarus desperatus),’’ by removing revising the note. (38), (40), and (42); ■ iii. In the entry for ‘‘Helotes Mold and reserving paragraphs (5)(i), (6)(i), ■ B. Removing and reserving paragraphs Beetle (Batrisodes venyivi),’’ by and (7)(i) and by removing ‘‘NOTE:’’ at (7)(i), (16)(i), (18)(i), (29)(i), (33)(i), the beginning of paragraphs (5)(ii) and removing and reserving paragraphs (34)(i), and (37)(i); (6)(i), (7)(i), and (8)(i) and by removing (7)(ii). ■ C. Removing paragraphs (7)(ii), ■ ‘‘NOTE:’’ at the beginning of paragraphs iii. In the entry for ‘‘Conservancy (16)(ii), (18)(ii), (29)(ii), (29)(iii), (29)(iv), Fairy Shrimp (Branchinecta (6)(ii), (7)(ii), and (8)(ii). (29)(v), (29)(vi), (29)(vii), (29)(viii), ■ iv. In the entry for ‘‘Beetle (No conservatio),’’ by: (29)(ix), (29)(x), (29)(xi), (33)(ii), ■ A. Removing and reserving Common Name) (Rhadine exilis),’’ by: (33)(iii), (33)(iv), (33)(v), (33)(vi), ■ A. Removing and reserving paragraphs (4)(i) and (11)(i); (34)(ii), (34)(iii), (34)(iv), (37)(ii), ■ paragraphs (5)(i), (6)(i), (7)(i), (8)(i), B. Removing paragraphs (4)(ii), (4)(iii), (37)(iii), (37)(iv), (37)(v), (37)(vi), (4)(iv), (4)(v), (11)(ii), (11)(iii), (11)(iv), (9)(i), (10)(i), (11)(i), (12)(i), (13)(i), (37)(vii), and (37)(viii); (14)(i), (15)(i), (16)(i), (17)(i), (18)(i), and (11)(v), and (11)(vi); ■ D. Redesignating paragraphs (7)(iii) as ■ C. Redesignating paragraph (4)(vi) as (19)(i); and (7)(ii), (16)(iii) as (16)(ii), (18)(iii) as ■ B. Removing ‘‘NOTE:’’ at the (4)(ii) and paragraph (11)(vii) as (11)(ii); (18)(ii), (29)(xii) as (29)(ii), (33)(vii) as beginning of paragraphs (5)(ii), (6)(ii), ■ D. Removing the second and third (33)(ii), (34)(v) as (34)(ii), and (37)(ix) as (7)(ii), (8)(ii), (9)(ii), (10)(ii), (11)(ii), sentences of paragraphs (5), (7), (9), and (37)(ii); and (12)(ii), (13)(ii), (14)(ii), (15)(ii), (16)(ii), (12); and ■ (17)(ii), (18)(ii), and (19)(ii). ■ E. Removing ‘‘NOTE:’’ from the E. Removing ‘‘NOTE:’’ from the ■ v. In the entry for ‘‘Beetle (No beginning of newly redesignated beginning of newly redesignated paragraph (7)(ii), paragraph (13), newly Common Name) (Rhadine infernalis),’’ paragraph (4)(ii) and paragraphs (6), (8), by: (10), newly redesignated (11)(ii), and redesignated paragraphs (16)(ii), and (18)(ii), paragraphs (21), (25), and (28), ■ A. Removing and reserving (13). paragraphs (5)(i), (6)(i), (7)(i), (8)(i), ■ newly redesignated paragraph (29)(ii), iv. In the entry for ‘‘Longhorn Fairy (9)(i), (10)(i), (11)(i), (12)(i), (13)(i), Shrimp (Branchinecta longiantenna),’’ paragraph (32), newly redesignated paragraph (33)(ii), paragraph (36), newly (14)(i), (15)(i), (16)(i), (17)(i), (18)(i), by: (19)(i), (20)(i), (21)(i), (22)(i), (23)(i), and ■ A. Removing and reserving paragraph redesignated paragraph (37)(ii), and paragraphs (39), (41), and (43). (24)(i); (4)(i); ■ ■ B. Removing paragraph (21)(ii); ■ B. Removing paragraph (4)(ii); vii. In the entry for ‘‘Kentucky Cave ■ Shrimp (Palaemonias ganteri),’’ by C. Redesignating paragraph (21)(iii) as ■ C. Redesignating paragraph (4)(iii) as (21)(ii); and (4)(ii); revising the note. ■ ■ D. Removing ‘‘NOTE:’’ at the ■ D. Removing the second sentence of viii. In the entry for ‘‘Vernal Pool beginning of paragraphs (5)(ii), (6)(ii), paragraphs (5) and (7); and Tadpole Shrimp (Lepidurus packardi),’’ (7)(ii), (8)(ii), (9)(ii), (10)(ii), (11)(ii), ■ E. Removing ‘‘NOTE:’’ from the by: (12)(ii), (13)(ii), (14)(ii), (15)(ii), (16)(ii), ■ beginning of newly redesignated A. Revising paragraphs (4), (8), (9), (17)(ii), (18)(ii), (19)(ii), (20)(ii), newly paragraph (4)(ii) and paragraphs (6) and (11), (13), (17), and (20); redesignated paragraph (21)(ii), and ■ (8). B. Removing and reserving paragraphs paragraphs (22)(ii), (23)(ii), and (24)(ii). ■ v. In the entry for ‘‘San Diego Fairy (5)(i), (6)(i), (7)(i), (12)(i), (14)(i), (15)(i), ■ vi. In the entry for ‘‘Salt Creek Tiger Shrimp (Branchinecta sandiegonensis),’’ (16)(i), (19)(i), and (22)(i); Beetle (Cicindela nevadica by: ■ C. Removing paragraphs (5)(ii), (6)(ii), lincolniana),’’ by revising paragraph (1). ■ A. Removing and reserving (6)(iii), (6)(iv), (6)(v), (6)(vi), (7)(ii), ■ vii. In the entry for ‘‘Valley Elderberry paragraphs (6)(i) and (7)(i); (7)(iii), (7)(iv), (7)(v), (7)(vi), (12)(ii), Longhorn Beetle (Desmocerus ■ B. Removing the second sentence of (14)(ii), (14)(iii), (14)(iv), (15)(ii), californicus dimorphus) California, the introductory text of paragraphs (8), (15)(iii), (16)(ii), (19)(ii), (19)(iii), Sacramento County,’’ by revising the (9), and (10); (19)(iv), (19)(v), (19)(vi), (19)(vii), notes in paragraphs (1) and (2). ■ C. Removing paragraphs (8)(i), (8)(ii), (19)(viii), (19)(ix), (19)(x), (19)(xi), ■ viii. In the entry for ‘‘Bay Checkerspot (8)(iii), (8)(iv), (8)(v), (8)(vi), (8)(vii), (22)(ii), (22)(iii), (22)(iv), (22)(v), and Butterfly (Euphydryas editha (9)(i), (9)(ii), (9)(iii), (9)(iv), (9)(v), (22)(vi); bayensis),’’ by: (9)(vi), (9)(vii), (9)(viii), (9)(ix), (9)(x), ■ D. Redesignating paragraphs (5)(iii) as ■ A. Removing and reserving (9)(xi), (9)(xii), (10)(i), (10)(ii), (10)(iii), (5)(ii), (6)(vii) as (6)(ii), (7)(vii) as (7)(ii), paragraphs (6)(i), (7)(i), (8)(i), (9)(i), (10)(iv), (10)(v), (10)(vi), (10)(vii), and (12)(iii) as (12)(ii), (14)(v) as (14)(ii), (10)(i), (11)(i), (12)(i), (13)(i), (14)(i), (10)(viii); (15)(iv) as (15)(ii), (16)(iii) as (16)(ii), (15)(i), (16)(i), (17)(i), and (18)(i);
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■ B. Removing paragraph (14)(ii); heteroneura),’’ by adding a sentence at Note: The map provided is for ■ C. Redesignating paragraph (14)(iii) as the end of paragraph (1). informational purposes only. Map follows: (14)(ii); and ■ xviii. In the entry for ‘‘Hawaiian ■ * * * * * D. Removing ‘‘NOTE:’’ at the Picture-Wing Fly (Drosophila Morro Bay Kangaroo Rat (Dipodomys beginning of paragraphs (6)(ii), (7)(ii), montgomeryi),’’ by adding, at the end of heermanni morroensis) (8)(ii), (9)(ii), (10)(ii), (11)(ii), (12)(ii), paragraph (1). (13)(ii), newly redesignated paragraph ■ xix. In the entry for ‘‘Hawaiian * * * * * (14)(ii), and paragraphs (15)(ii), (16)(ii), Picture-Wing Fly (Drosophila mulli),’’ Note: The map provided is for (17)(ii), and (18)(ii). by adding a sentence at the end of informational purposes only. Map follows: ■ ix. In the entry for ‘‘Fender’s Blue paragraph (1). ■ * * * * * Butterfly (Icaricia icarioides fenderi),’’ xx. In the entry for ‘‘Hawaiian Picture- San Bernardino Kangaroo Rat by: Wing Fly (Drosophila musaphilia),’’ by (Dipodomys merriami parvus) ■ A. Removing and reserving adding a sentence at the end of paragraphs (6)(i), (7)(i), (8)(i), (9)(i), paragraph (1). * * * * * (10)(i), (11)(i), (12)(i), (13)(i), and (14)(i); ■ xxi. In the entry for ‘‘Hawaiian (6) * * * (i) Unit 1 is shown on the map in ■ B. Removing paragraphs (6)(ii), (9)(ii), Picture-Wing Fly (Drosophila paragraph (6)(ii) of this entry, excluding (11)(ii), (12)(ii), (12)(iii), (13)(ii), neoclavisetae),’’ by adding a sentence at lands bounded by the following (13)(iii), (13)(iv), (13)(v), (13)(vi), the end of paragraph (1). Universal Transverse Mercator (UTM) (13)(vii), (13)(viii), (13)(ix), (13)(x), ■ xxii. In the entry for ‘‘Hawaiian North American Datum of 1983 (13)(xi), (13)(xii), (13)(xiii), (13)(xiv), Picture-Wing Fly (Drosophila obatai),’’ by adding a sentence at the end of (NAD83) coordinates (E, N): (13)(xv), (13)(xvi), and (14)(ii); (A) 487253, 3772752; 487254, ■ C. Redesignating paragraphs (6)(iii) as paragraph (1). 3772752; 487290, 3772752; 487290, (6)(ii), (9)(iii) as (9)(ii), (11)(iii) as ■ xxiii. In the entry for ‘‘Hawaiian 3772752; 487290, 3772752; 487589, (11)(ii), (12)(iv) as (12)(ii), (13)(xvii) as Picture-Wing Fly (Drosophila 3772747; 487589, 3772747; 487778, (13)(ii), and (14)(iii) as (14)(ii); and ochrobasis),’’ by adding a sentence at 3772648; 487787, 3772643; 487790, ■ D. Removing ‘‘NOTE:’’ from the the end of paragraph (1). 3772642; 487808, 3772632; 487808, beginning of newly redesignated ■ xxiv. In the entry for ‘‘Hawaiian 3772632; 487808, 3772632; 487808, paragraph (6)(ii), paragraphs (7)(ii) and Picture-Wing Fly (Drosophila sharpi),’’ 3772632; 487838, 3772617; 487842, (8)(ii), newly redesignated paragraph by adding a sentence at the end of 3772614; 487978, 3772543; 487996, (9)(ii), paragraph (10)(ii), and newly paragraph (1). 3772533; 488008, 3772533; 488010, redesignated paragraphs (11)(ii), (12)(ii), ■ xxv. In the entry for ‘‘Hawaiian 3772533; 488122, 3772533; 488122, (13)(ii), and (14)(ii). Picture-Wing Fly (Drosophila ■ x. In the entry for ‘‘Oregon Silverspot substenoptera),’’ by adding a sentence at 3772533; 488230, 3772532; 488230, Butterfly (Speyeria zerene hippolyta),’’ the end of paragraph (1). 3772532; 488351, 3772531; 488390, by revising the note. ■ xxvi. In the entry for ‘‘Hawaiian 3772530; 488404, 3772530; 488405, ■ xi. In the entry for ‘‘Palos Verdes Blue Picture-Wing Fly (Drosophila 3772530; 488471, 3772529; 488608, Butterfly (Glaucopsyche lygdamus tarphytrichia),’’ by adding a sentence at 3772528; 488608, 3772528; 488812, palosverdesensis),’’ by adding a the end of paragraph (1). 3772526; 488812, 3772526; 488812, sentence to end of the introductory text. ■ xxvii. In the entry for ‘‘Zayante Band- 3772447; 488811, 3772326; 488811, ■ xii. In the entry for ‘‘Quino Winged Grasshopper (Trimerotropis 3772326; 488803, 3772326; 488614, Checkerspot Butterfly (Euphydryas infantilis),’’ by adding a sentence to the 3772329; 488614, 3772329; 488614, editha quino),’’ by: end of paragraph 1. 3772329; 488614, 3772329; 488607, ■ A. Revising paragraphs (6)(i) and ■ xxviii. In the entry for ‘‘Blackburn’s 3772329; 488409, 3772332; 488403, (11)(i); Sphinx Moth (Manduca blackburni),’’ 3772332; 488403, 3772332; 488144, ■ B. Removing and reserving paragraphs by adding a sentence at the end of 3772336; 488139, 3772336; 488140, (7)(i), (8)(i), (9)(i), (10)(i), (12)(i), (13)(i), paragraph (1). 3772340; 488139, 3772336; 488139, and (14)(i); and ■ xxix. In the entry for ‘‘Ash Meadows 3772336; 487995, 3772338; 487995, ■ C. Removing ‘‘NOTE:’’ from the Naucorid (Ambrysus amargosus),’’ by 3772338; 487849, 3772340; 487849, beginning of paragraphs (6)(ii), (7)(ii), revising the note. 3772340; 487828, 3772341; 487806, (8)(ii), (9)(ii), (10)(ii), (11)(ii), (12)(ii), ■ xxx. In the entry for ‘‘Laguna 3772341; 487790, 3772341; 487775, (13)(ii), and (14)(ii). Mountains Skipper (Pyrgus ruralis 3772341; 487768, 3772342; 487763, ■ xiii. In the entry for ‘‘Hine’s Emerald lagunae),’’ by adding a sentence to the 3772342; 487758, 3772342; 487726, Dragonfly (Somatochlora hineana),’’ by end of paragraph (1). 3772342; 487674, 3772343; 487586, adding a sentence at the end of The revisions and additions read as 3772344; 487310, 3772348; 487309, paragraph (1). follows: 3772348; 487303, 3772349; 487303, ■ 3772349; 487302, 3772349; 487233, xiv. In the entry for ‘‘Hawaiian § 17.95 Critical habitat—fish and wildlife. Picture-Wing Fly (Drosophila aglaia),’’ 3772350; 487232, 3772350; 487229, by adding a sentence at the end of (a) Mammals. 3772350; 487229, 3772350; 487227, paragraph (1). * * * * * 3772350; 487226, 3772350; 487223, ■ xv. In the entry for ‘‘Hawaiian Picture- Virginia Big-eared Bat (Plecotus 3772350; 487214, 3772350; 487213, Wing Fly (Drosophila differens),’’ by townsendii virginianus) 3772350; 487178, 3772350; 487178, adding a sentence at the end of * * * * * 3772350; 487177, 3772350; 487173, paragraph (1). Note: The map provided is for 3772350; 487167, 3772350; 487117, ■ xvi. In the entry for ‘‘Hawaiian informational purposes only. Map follows: 3772350; 487117, 3772350; 487118, Picture-Wing Fly (Drosophila 3772293; 487118, 3772179; 487119, hemipeza),’’ by adding a sentence at the * * * * * 3772154; 487032, 3772153; 486981, end of paragraph (1). Fresno Kangaroo Rat (Dipodomys 3772152; 486935, 3772151; 486896, ■ xvii. In the entry for ‘‘Hawaiian nitratoides exilis) 3772151; 486587, 3772146; 486580, Picture-Wing Fly (Drosophila * * * * * 3772146; 486556, 3772146; 486534,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18708 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
3772145; 486434, 3772144; 486380, 3771944; 483210, 3771944; 483210, (ii) Map of SABM—Unit 2 is provided 3772143; 486380, 3772143; 485983, 3771944; 483210, 3771944; 483210, at paragraph (8)(ii) of this entry. 3772032; 485982, 3772032; 485983, 3771944; 483200, 3771933; 483200, * * * * * 3771987; 485983, 3771961; 485983, 3771933; 483200, 3771933; 483187, Northern Sea Otter (Enhydra lutris 3771945; 485983, 3771941; 485983, 3771946; 483185, 3771948; thence kenyoni), Southwest Alaska Distinct 3771941; 485653, 3771939; 485651, returning to 483188, 3772080. Population Segment 3771939; 485650, 3771939; 485594, * * * * * (1) * * * The index map provided is 3771939; 485585, 3771939; 485586, (8) * * * for informational purposes only. 3771875; 485595, 3771841; 485595, (i) Unit 3 is shown on the map in * * * * * 3771840; 485595, 3771822; 485595, paragraph (8)(ii) of this entry, excluding Silver Rice Rat (Oryzomys palustris 3771821; 485595, 3771821; 485577, lands bounded by the following natator (=O. argentatus)) 3771821; 485334, 3771821; 485184, Universal Transverse Mercator (UTM) * * * * * 3771821; 485184, 3771821; 484918, North American Datum of 1983 3771821; 484852, 3771821; 484782, (NAD83) coordinates (E, N): Note: The map provided is for 3771821; 484782, 3771821; 484693, (A) 506793, 3736955; 506803, informational purposes only. Map follows: 3771820; 484693, 3771820; 484482, 3736965; 506858, 3736912; 506834, * * * * * 3771819; 484482, 3771819; 484383, 3736888; 506826, 3736879; 506771, Sierra Nevada Bighorn Sheep (Ovis 3771819; 484381, 3771819; 484381, 3736932; thence returning to 506793, canadensis sierrae) 3771824; 484381, 3771875; 484381, 3736955; * * * * * 3771879; 484381, 3771881; 484381, (B) 506995, 3736726; 507035, 3771882; 484381, 3771943; 484381, (6) * * * 3736768; 507090, 3736715; 507050, (i) Unit 1 is shown on the map in 3771943; 484381, 3771996; 484445, 3736673; thence returning to 506995, paragraph (6)(ii) of this entry, excluding 3771996; 484782, 3771994; 484782, 3736726; land bounded by 304870, 4211718; 3771992; 484782, 3771945; 484782, (C) 507212, 3736516; 507248, 304755, 4211663; 304590, 4211666; 3771941; 484909, 3771941; 485184, 3736554; 507295, 3736509; 507260, 3771940; 485184, 3771944; 485184, 304426, 4211699; 304273, 4211615; 3736471; thence returning to 507212, 304237, 4211614; 304100, 4211575; 3771948; 485183, 3771998; 485182, 3736516; and 3772335; 485573, 3772333; 485582, 304119, 4211576; 304068, 4211562; (D) 512090, 3734474; 512104, 304036, 4211567; 303925, 4211593; 3772333; 485582, 3772333; 485981, 3734481; 512118, 3734488; 512130, 3772338; 485981, 3772338; 485980, 303824, 4211552; 303714, 4211495; 3734464; 512130, 3734464; 512113, 303668, 4211501; 303558, 4211486; 3772361; 485976, 3772665; 485975, 3734456; 512104, 3734464; 512093, 3772732; 485975, 3772734; 486377, 303473, 4211423; 303421, 4211366; 3734472; thence returning to 512090, 303381, 4211308; 303223, 4211322; 3772741; 486380, 3772362; 486380, 3734474. 3772342; 486463, 3772343; 486779, 303176, 4211295; 303181, 4211202; 3772346; 486778, 3772618; 486778, * * * * * 303103, 4211161; 303208, 4210962; 3772747; 486778, 3772747; 486887, Alabama Beach Mouse (Peromyscus 303418, 4211073; 303481, 4211022; 3772749; 486908, 3772749; 486925, polionotus ammobates) 303500, 4211020; 303617, 4211098; 3772750; 487178, 3772754; 487178, (1) * * * The maps provided are for 303675, 4211109; 303894, 4211096; 3772754; 487184, 3772754; 487184, informational purposes only. 303983, 4211127; 304053, 4211125; 3772754; 487202, 3772753; 487205, * * * * * 304053, 4211124; 304106, 4211121; 3772753; 487209, 3772753; 487213, Choctawhatchee Beach Mouse 304460, 4211207; 304518, 4211250; 3772753 ; thence returning to 487253, (Peromyscus polionotus allophrys) 304590, 4211261; 304644, 4211303; 304747, 4211336; 304863, 4211395; 3772752; * * * * * (B) 482603, 3772347; 482603, 304882, 4211457; 305018, 4211524; (6) * * * 305128, 4211543; 305289, 4211677; 3772347; 482602, 3772348; 483160, (ii) Map of Unit CBM—Unit 1 is 3772346; 483160, 3772089; 483160, 305397, 4211739; 305477, 4211807; provided at paragraph (7)(ii) of this 305515, 4211863; 305405, 4211903; 3772072; 483160, 3771972; 483160, entry. 3771893; 483159, 3771893; 483159, 305374, 4211907; 305176, 4211813; 3771893; 483071, 3771893; 483032, * * * * * 305029, 4211770; returning to 304870, 3771892; 483032, 3771892; 483032, (8) * * * 4211718. (ii) Map of Unit CBM—Unit 3 is 3771892; 482989, 3771930; 482972, * * * * * 3771945; 482972, 3771945; 482644, provided at paragraph (9)(ii) of this (9) * * * 3772097; 482622, 3772108; 482537, entry. (i) Unit 4 is shown on the map in 3772147; 482377, 3772221; 482368, * * * * * paragraph (9)(ii) of this entry, excluding 3772227; 482368, 3772227; 482368, Perdido Key Beach Mouse (A) Land bounded by 352666, 3772227; 482368, 3772263; 482367, (Peromyscus polionotus trissyllepsis) 4139452; 352330, 4139197; 352261, 3772336; 482367, 3772348; 482367, (1) * * * The maps provided are for 4139018; 352280, 4139004; 352300, 3772348; 482376, 3772348; 482385, informational purposes only. 4138988; 352332, 4138964; 352634, 3772348; 482394, 3772348; thence * * * * * 4139235; 352732, 4139417; 352718, returning to 482603, 3772347; and Preble’s Meadow Jumping Mouse 4139424; 352718, 4139425; 352694, (C) 483188, 3772080; 483211, (Zapus hudsonius preblei) 4139437; 352694, 4139437; 352690, 3772076; 483211, 3772346; 483211, 4139439; 352687, 4139441; 352687, (1) * * * The maps provided are for 3772346; 483374, 3772346; 483600, 4139441; returning to 352666, 4139452; 3772345; 483969, 3772344; 483970, informational purposes only. (B) Land bounded by 350254, 3772008; 483970, 3771985; 483971, * * * * * 4136280; 350216, 4136187; 350216, 3771945; 483971, 3771945; 483914, St. Andrew Beach Mouse (Peromyscus 4136187; 350178, 4136094; 350363, 3771945; 483913, 3771945; 483902, polionotus peninsularis) 4136018; 350402, 4136111; 350402, 3771945; 483848, 3771945; 483409, * * * * * 4136111; 350440, 4136204; 350478, 3771944; 483272, 3771944; 483215, (7) * * * 4136296; 350305, 4136368; 350300,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18709
4136361; 350295, 4136351; 350293, Oahu Elepaio (Chasiempis 3635756; 510959, 3635776; 510908, 4136348; 350287, 4136341; 350283, sandwichensis ibidis) 3635689; 510875, 3635617; 510850, 4136338; 350280, 4136335; 350276, (1) * * * The maps provided are for 3635584; 510829, 3635568; 510798, 4136333; 350276, 4136333; returning to informational purposes only. 3635566; 510782, 3635582; 510775, 350254, 4136280; and * * * * * 3635597; 510766, 3635606; 510742, (C) Land bounded by 349527, Coastal California Gnatcatcher 3635580; 510723, 3635567; 510713, 4136002; 349500, 4136201; 349450, (Polioptila californica californica) 3635567; 510713, 3635592; 510719, 4136194; 349408, 4136200; 349404, * * * * * 3635624; 510719, 3635652; 510698, 4136201; 349391, 4136206; 349321, (6) * * * 3635701; 510689, 3635746; 510677, 4136238; 349317, 4136223; 349126, (i) Unit 1 excludes land bounded by 3635848; 510685, 3635890; 510710, 4136278; 349099, 4136181; 349045, the following UTM NAD27 coordinates 3635923; 510736, 3635949; 510737, 4135990; 349139, 4135963; 349138, (E, N): 3635965; 510756, 3635991; 510770, 4135962; 349235, 4135934; 349212, (A) 502178, 3637276; 502177, 3636004; 510793, 3635998; 510791, 4135851; 349308, 4135823; 349406, 3637276; 501978, 3637278; 501980, 3636004; 510793, 3636035; 510823, 4135799; 349478, 4135988; 349478, 3637232; 501981, 3637232; 501994, 3636097; 510791, 3636074; 510770, 4135995; returning to 349527, 4136002. 3637232; 502031, 3637232; 502061, 3636048; 510741, 3636025; 510712, * * * * * 3637232; 502114, 3637232; 502146, 3636012; 510687, 3635991; 510646, Mount Graham Red Squirrel 3637232; 502181, 3637232; 502184, 3635988; 510622, 3636004; 510620, (Tamiasciurus hudsonicus grahamensis) 3637232; 502201, 3637232; 502221, 3636032; 510597, 3636027; 510589, * * * * * 3637232; 502240, 3637232; 502260, 3636056; 510556, 3636014; 510563, 3637231; 502280, 3637231; 502300, Note: The map provided is for 3636005; 510573, 3635986; 510567, informational purposes only. Map follows: 3637231; 502321, 3637230; 502338, 3635955; 510570, 3635920; 510557, 3637230; 502366, 3637229; 502365, 3635885; 510552, 3635858; 510563, * * * * * 3637274; 502184, 3637276. 3635825; 510573, 3635790; 510541, Amargosa Vole (Microtus californicus (B) 510284, 3634915; 510296, 3635700; 510505, 3635663; 510531, scirpensis) 3634942; 510326, 3634956; 510366, 3635631; 510548, 3635599; 510559, Note: The map provided is for 3634970; 510406, 3634967; 510441, 3635560; 510559, 3635522; 510556, informational purposes only. Map follows: 3634947; 510476, 3634940; 510494, 3635465; 510539, 3635419; 510458, 3634910; 510509, 3634845; 510477, 3635380; 510429, 3635421; 510425, * * * * * 3634753; 510510, 3634757; 510534, (b) Birds. 3635473; 510399, 3635546; 510388, 3634749; 510554, 3634730; 510577, 3635583; 510358, 3635543; 510274, Akekee (Loxops caeruleirostris) 3634712; 510604, 3634705; 510627, 3635591; 510238, 3635591; 510215, (1) * * * The maps provided are for 3634714; 510623, 3634743; 510621, 3635557; 510188, 3635298; 510173, informational purposes only. 3634777; 510627, 3634803; 510633, 3635207; 510161, 3635114; 510159, * * * * * 3634847; 510656, 3634854; 510663, 3635019; 510159, 3634911; 510187, Akikiki (Oreomystis bairdi) 3634868; 510681, 3634891; 510708, 3634878; 510273, 3634898. 3634903; 510727, 3634910; 510748, (1) * * * The maps provided are for 3634933; 510791, 3634964; 510774, (C) 506682, 3621550; 506686, informational purposes only. 3634965; 510746, 3634975; 510703, 3621550; 506686, 3621550; 506687, * * * * * 3634974; 510677, 3634985; 510657, 3621529; 506808, 3621536; 506800, Whooping Crane (Grus americana) 3634996; 510644, 3635018; 510627, 3621660; 506794, 3621660; 506792, * * * * * 3635037; 510617, 3635064; 510615, 3621686; 506671, 3621673. Note: The map provided is for 3635089; 510621, 3635119; 510632, (D) 506187, 3621805; 506178, informational purposes only. Map follows: 3635145; 510650, 3635170; 510671, 3621773; 506176, 3621764; 506176, 3635183; 510692, 3635189; 510715, 3621764; 506185, 3621761; 506184, * * * * * 3635194; 510791, 3635240; 510785, 3621757; 506234, 3621742; 506247, Note: The map provided is for 3635318; 510808, 3635363; 510842, 3621782; 506236, 3621786; 506238, informational purposes only. Map follows: 3635380; 510879, 3635382; 510902, 3621791; 506220, 3621796. 3635382; 510933, 3635386; 510961, (E) 505512, 3621342; 505467, * * * * * 3635384; 510982, 3635375; 510989, 3621263; 505439, 3621174; 505417, Note: The map provided is for 3635365; 511006, 3635353; 511030, 3621134; 505381, 3621102; 505331, informational purposes only. Map follows: 3635355; 511055, 3635355; 511078, 3621007; 505327, 3620957; 505289, 3635373; 511112, 3635388; 511146, * * * * * 3620909; 505307, 3620898; 505324, 3635410; 511189, 3635416; 511244, 3620919; 505332, 3620915; 505345, Note: The map provided is for 3635406; 511265, 3635408; 511274, informational purposes only. Map follows: 3635433; 511290, 3635439; 511293, 3620930; 505362, 3620948; 505394, 3621024; 505408, 3621058; 505429, * * * * * 3635465; 511315, 3635504; 511337, 3635539; 511354, 3635548; 511388, 3621087; 505463, 3621131; 505485, Mariana Crow (Corvus kubaryi) 3621161; 505485, 3621161; 505477, * * * * * 3635619; 511350, 3635596; 511323, 3635588; 511308, 3635560; 511277, 3621165; 505477, 3621165; 505561, (4) * * * 3621314; 505520, 3621338. (iii) * * * 3635527; 511231, 3635506; 511202, (F) 504820, 3615789; 504819, (A) Subunit B–1 excludes seven areas: 3635490; 511169, 3635485; 511132, 3635496; 511064, 3635529; 511042, 3615718; 504819, 3615670; 505229, * * * * * 3635544; 511015, 3635556; 510984, 3615660; 505228, 3615602; 505227, Spectacled Eider (Somateria fischeri) 3635553; 510963, 3635566; 510952, 3615537; 505225, 3615435; 505325, 1. * * * The maps provided are for 3635592; 510949, 3635623; 510960, 3615434; 505324, 3615404; 505325, informational purposes only. * * * 3635651; 510962, 3635677; 510956, 3615404; 505326, 3615444; 505226, * * * * * 3635703; 510962, 3635727; 510974, 3615445; 505230, 3615681; 505230,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18710 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
3615681; 504832, 3615678; 504831, (C) 468576, 3675565; 468544, 3670923; 490613, 3671012; 490624, 3615789. 3675538; 468526, 3675523; 468559, 3671056; 490635, 3671098; 490577, * * * * * 3675431; 468570, 3675402; 468599, 3671114; 490562, 3671118; 490547, (8) * * * 3675425; 468600, 3675426; 468601, 3671122; 490546, 3671117; 490518, (i) Unit 3 excludes land bounded by 3675427; 468603, 3675428; 468604, 3671012; 490510, 3670983; 490485, the following UTM NAD27 coordinates 3675429; 468605, 3675430; 468606, 3670888; 490477, 3670856; 490474, (E, N): 3675431; 468607, 3675431; 468609, 3670848; 490430, 3670681; 490401, (A) 466299, 3675700; 466168, 3675432; 468610, 3675433; 468611, 3670571; 490382, 3670576; 490380, 3675903; 466115, 3675831; 466043, 3675434; 468613, 3675435; 468614, 3670568; 490344, 3670450. 3675831; 466043, 3675721; 466024, 3675435; 468615, 3675436; 468617, (I) 478427, 3664552; 478445, 3664555; 3675695; 465956, 3675698; 465960, 3675437; 468618, 3675438; 468619, 478472, 3664560; 478500, 3664570; 3675608; 466005, 3675596; 466047, 3675438; 468621, 3675439; 468621, 478514, 3664586; 478514, 3664605; 3675623; 466066, 3675540; 465998, 3675439; 468610, 3675472. 478503, 3664621; 478505, 3664643; 3675479; 465930, 3675479; 465899, (D) 497956, 3669589; 498160, 478520, 3664661; 478534, 3664676; 3675453; 465778, 3675347; 465778, 3669567; 498162, 3669567; 498240, 478539, 3664707; 478534, 3664727; 3675044; 465779, 3675036; 466150, 3669558; 498258, 3669556; 498250, 478508, 3664749; 478484, 3664765; 3675053; 466364, 3675147; 466394, 3669607; 498283, 3669607; 498283, 478475, 3664786; 478470, 3664815; 3675211; 466424, 3675305; 466510, 3669643; 498250, 3669640; 498247, 478478, 3664905; 478489, 3664950; 3669670; 498202, 3669670; 498187, 478499, 3664972; 478514, 3664990; 3675361; 466529, 3675389; 466538, 3669703; 498164, 3669709; 498161, 478534, 3665004; 478544, 3665029; 3675422; 466493, 3675460; 466489, 3669732; 498134, 3669735; 498128, 478549, 3665061; 478541, 3665100; 3675385; 466308, 3675358; 466225, 3669768; 497999, 3669762; 498005, 478521, 3665136; 478514, 3665144; 3675464; 466342, 3675634; 466300, 3669694; 497961, 3669697; 497961, 478503, 3665143; 478493, 3665132; 3675699; 466300, 3675700. 3669697; 497956, 3669697. 478477, 3665113; 478429, 3665019; (B) 468627, 3675422; 468626, (E) 496241, 3669292; 496264, 478397, 3664972; 478387, 3664934; 3675421; 468624, 3675421; 468623, 3669299; 496298, 3669307; 496321, 478385, 3664897; 478386, 3664848; 3675420; 468622, 3675419; 468620, 3669326; 496324, 3669349; 496319, 478370, 3664805; 478364, 3664762; 3675418; 468619, 3675417; 468618, 3669376; 496322, 3669391; 496339, 478364, 3664707; 478336, 3664649; 3675417; 468617, 3675416; 468615, 3669432; 496380, 3669467; 496399, 478332, 3664620; 478352, 3664588; 3675415; 468614, 3675414; 468613, 3669480; 496427, 3669501; 496445, 478388, 3664559; 478417, 3664551. 3675413; 468612, 3675412; 468611, 3669531; 496448, 3669556; 496413, (J) 481458, 3661671; 481178, 3661673; 3675411; 468576, 3675383; 468585, 3669573; 496344, 3669572; 496289, 481159, 3661674; 481159, 3661673; 3675358; 468592, 3675340; 468598, 3669563; 496231, 3669553; 496216, 481137, 3661659; 481167, 3661658; 3675322; 468605, 3675303; 468611, 3669543; 496220, 3669289. 481477, 3661655; 481477, 3661671. 3675286; 468618, 3675267; 468625, (F) 497814, 3670051; 497691, (K) 481109, 3661659; 481131, 3675249; 468632, 3675230; 468639, 3669856; 497574, 3669769; 497592, 3661674; 481109, 3661674; 481078, 3675211; 468646, 3675190; 468655, 3669667; 497628, 3669659; 497650, 3661674; 481077, 3661674; 481075, 3675166; 468659, 3675153; 468671, 3669648; 497659, 3669675; 497731, 3661674; 480911, 3661676; 480895, 3675120; 468672, 3675122; 468672, 3669769; 497793, 3669800; 497858, 3661676; 480711, 3661678; 480721, 3675123; 468672, 3675125; 468672, 3669818; 497858, 3669842; 497855, 3661667; 480727, 3661661; 480727, 3675126; 468672, 3675128; 468672, 3669873; 497957, 3669924; 497957, 3661661; 480728, 3661660; 480729, 3675129; 468673, 3675131; 468673, 3669847; 497999, 3669852; 497999, 3661659; 480730, 3661658; 480731, 3675132; 468673, 3675134; 468674, 3669825; 498071, 3669828; 498062, 3661656; 480732, 3661655; 480733, 3675135; 468674, 3675136; 468675, 3669947; 498035, 3669947; 498032, 3661654; 480734, 3661653; 480735, 3675138; 468675, 3675139; 468676, 3669980; 497979, 3669980; 497979, 3661652; 480736, 3661651; 480771, 3675141; 468676, 3675142; 468677, 3670034; 497955, 3670040; 497955, 3661606; 480772, 3661605; 480773, 3675144; 468677, 3675145; 468678, 3670058; 497817, 3670061; 497813, 3661604; 480774, 3661603; 480775, 3675146; 468679, 3675148; 468680, 3670051. 3661602; 480776, 3661601; 480777, 3675149; 468680, 3675150; 468681, (G) 490504, 3670067; 490502, 3661600; 480778, 3661599; 480779, 3675152; 468682, 3675153; 468683, 3670067; 490501, 3670068; 490500, 3661598; 480781, 3661597; 480782, 3675154; 468684, 3675155; 468685, 3670069; 490499, 3670070; 490497, 3661596; 480783, 3661595; 480784, 3675157; 468686, 3675158; 468687, 3670070; 490496, 3670071; 490495, 3661594; 480786, 3661594; 480787, 3675159; 468688, 3675160; 468689, 3670072; 490493, 3670073; 490492, 3661593; 480788, 3661592; 480790, 3675161; 468690, 3675162; 468691, 3670073; 490491, 3670074; 490489, 3661591; 480791, 3661591; 480793, 3675163; 468692, 3675164; 468693, 3670075; 490488, 3670076; 490487, 3661590; 480793, 3661590; 480794, 3675165; 468695, 3675166; 468696, 3670077; 490485, 3670077; 490484, 3661590; 480843, 3661567; 480845, 3675167; 468697, 3675168; 468698, 3670078; 490484, 3670078; 490482, 3661571; 480899, 3661545; 480903, 3675169; 468700, 3675170; 468701, 3670079; 490481, 3670079; 490479, 3661543; 480907, 3661542; 480914, 3675170; 468702, 3675171; 468703, 3670079; 490478, 3670079; 490476, 3661541; 480920, 3661541; 480925, 3675172; 468705, 3675173; 468706, 3670078; 490475, 3670077; 490474, 3661541; 480933, 3661543; 480938, 3675174; 468707, 3675175; 468708, 3670076; 490474, 3670076; 490456, 3661545; 480942, 3661546; 480946, 3675176; 468709, 3675178; 468710, 3670049; 490460, 3670049; 490508, 3661548; 480964, 3661560; 480969, 3675179; 468711, 3675180; 468712, 3670048; 490504, 3670066. 3661564; 480973, 3661567; 481075, 3675181; 468713, 3675182; 468698, (H) 490396, 3670451; 490431, 3661642; 481075, 3661659. 3675223; 468690, 3675248; 468683, 3670451; 490464, 3670452; 490512, (L) 482060, 3660866; 482119, 3675267; 468676, 3675285; 468669, 3670631; 490521, 3670668; 490533, 3661074; 482021, 3661208; 481862, 3675305; 468662, 3675324; 468656, 3670711; 490544, 3670754; 490563, 3661306; 481672, 3661355; 481427, 3675343; 468649, 3675361; 468642, 3670826; 490563, 3670826; 490563, 3661377; 481422, 3661445; 481251, 3675381; 468635, 3675400. 3670826; 490576, 3670875; 490589, 3661481; 481066, 3661377; 481068,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18711
3661064; 481093, 3660981; 481093, 3659334; 484270, 3659301; 484273, 3697716; 481092, 3697607; 481191, 3660893; 481200, 3660849; 481261, 3659255; 484315, 3659228; 484394, 3697575; 481230, 3697575; 481230, 3660763; 481388, 3660671; 481532, 3659219; 484473, 3659043; 484512, 3697562; 481066, 3697540; 481118, 3660663; 481691, 3660710; 481811, 3659028; 484576, 3659013; 484622, 3697466; 481073, 3697431; 480980, 3660680; 481838, 3660624; 481921, 3658986; 484611, 3659016; 484685, 3697396; 480980, 3697306; 480980, 3660585; 482009, 3660673; 482065, 3659025; 484740, 3659083; 484749, 3697072; 481124, 3697104; 481179, 3660776. 3659165; 484779, 3659259; 484883, 3697072; 481236, 3696998; 481294, (M) 482222, 3659770; 482283, 3659366; 484964, 3659449; 484982, 3696970; 481387, 3696979; 481483, 3659774; 482483, 3659767; 482510, 3659513; 485045, 3659598; 485121, 3697037; 481457, 3696966; 481409, 3659640; 482610, 3659643; 482613, 3659616; 485221, 3659655; 485224, 3696915; 481118, 3696912; 481118, 3659873; 482719, 3659883; 482707, 3659698; 485079, 3659922; 485073, 3696825; 481130, 3696726; 481060, 3659955; 482731, 3660034; 482779, 3659989; 484685, 3659976; 484727, 3696704; 481073, 3696806; 480999, 3659995; 482816, 3659910; 482831, 3659828; 484636, 3659798; 484603, 3696912; 480964, 3696941; 480970, 3659843; 482788, 3659761; 482752, 3659783; 484582, 3659813; 484537, 3697072; 480845, 3697046; 480839, 3659698; 482716, 3659634; 482649, 3659780; 484506, 3659722; 484437, 3696899; 480954, 3696902; 480964, 3659595; 482607, 3659510; 482604, 3659677; 484385, 3659616; 484337, 3696639; 481006, 3696588; 480970, 3659468; 482667, 3659371; 482601, 3659652; 484312, 3659677; 484337, 3696531; 481002, 3696460; 481114, 3659374; 482616, 3659198; 482722, 3659731; 484473, 3659822; 484467, 3696476; 481175, 3696434; 481206, 3659155; 482776, 3659116; 482843, 3659998; 484355, 3660001; 484331, 3696404; 481225, 3696399; 481371, 3659149; 482967, 3659162; 483164, 3659961; 484309, 3659937; 484270, 3696409. 3659165; 483245, 3659150; 483247, 3659937. (C) 484902, 3696525; 484974, 3659152; 483297, 3659146; 483397, (O) 480469, 3662072; 480641, 3696633; 485107, 3696822; 485079, 3659083; 483455, 3659071; 483437, 3661757; 480663, 3661718; 480664, 3696845; 484977, 3696836; 484965, 3659131; 483397, 3659262; 483428, 3661716; 480663, 3661812; 480521, 3696892; 485085, 3697047; 485032, 3659343; 483449, 3659443; 483516, 3662072. 3697150; 484921, 3697142; 484907, 3659504; 483516, 3659561; 483519, * * * * * 3697064; 484860, 3697028; 484777, 3659792; 483631, 3659795; 483628, (9) * * * 3697031; 484663, 3696958; 484518, 3659577; 483822, 3659568; 483809, (i) Unit 5 excludes land bounded by 3696747; 484393, 3696658; 484388, 3659207; 483991, 3659201; 484037, 3696564; 484274, 3696575; 484213, 3659192; 484115, 3659131; 484185, the following UTM NAD27 coordinates (E, N): 3696395; 484124, 3696386; 484121, 3659122; 484206, 3659575; 483922, 3696309; 484193, 3696275; 484324, 3659589; 483922, 3659604; 483837, (A) 483452, 3697555; 483350, 3697542; 483196, 3697434; 483371, 3696331; 484510, 3696386; 484610, 3659613; 483831, 3659986; 483900, 3696459. 3660004; 483900, 3660058; 483931, 3697277; 483411, 3697277; 483568, (D) 484190, 3695014; 484183, 3660073; 483925, 3660146; 483806, 3697188; 483677, 3697243; 483765, 3695013; 484145, 3694889; 484187, 3660146; 483746, 3660152; 483722, 3697290; 483935, 3697195; 483969, 3660183; 483706, 3660267; 483609, 3697243; 484064, 3697460; 484254, 3694904. 3660355; 483613, 3660410; 483491, 3697487; 484342, 3697535; 484512, (E) 481586, 3699023; 481398, 3660419; 483470, 3660067; 483461, 3697705; 484500, 3698094; 484500, 3699023; 481024, 3699021; 480874, 3660092; 483428, 3660128; 483364, 3698100; 484500, 3698100; 484499, 3699020; 480839, 3699020; 480777, 3660152; 483349, 3660179; 483304, 3698133; 484669, 3698303; 484669, 3699021; 480771, 3699020; 480765, 3660189; 483294, 3660237; 483279, 3698833; 484560, 3698860; 484553, 3699020; 480606, 3699020; 480605, 3660255; 483270, 3660295; 483182, 3699026; 484553, 3699030; 484539, 3699020; 480443, 3699019; 480341, 3660298; 483176, 3660337; 483143, 3699026; 484376, 3698982; 484376, 3699018; 480334, 3699018; 480329, 3660361; 483155, 3660482; 483097, 3698799; 484342, 3698785; 484139, 3699018; 480316, 3699018; 480293, 3660495; 483013, 3660434; 482976, 3698656; 484003, 3698595; 483955, 3699017; 480190, 3699016; 480181, 3660325; 482876, 3660414; 482871, 3698432; 483880, 3698445; 483826, 3699016; 480173, 3699016; 480044, 3660414; 482685, 3660734; 482698, 3698391; 483826, 3698323; 483704, 3699017; 480017, 3699017; 480013, 3660828; 482940, 3660852; 482907, 3698316; 483697, 3698146; 483609, 3699017; 479816, 3699016; 479742, 3660910; 482910, 3661043; 482885, 3697949; 483547, 3697630. 3699016; 479725, 3699015; 479703, 3661043; 482788, 3660888; 482792, (B) 481384, 3696569; 481521, 3699015; 479652, 3699015; 479359, 3661046; 482907, 3661146; 482904, 3696524; 481560, 3696502; 481592, 3699013; 479359, 3698985; 479358, 3661191; 482737, 3661200; 482731, 3696518; 481614, 3696896; 481653, 3698949; 479671, 3698952; 479683, 3661116; 482707, 3661116; 482704, 3696995; 481685, 3697030; 481755, 3698887; 479690, 3698889; 479691, 3661013; 482579, 3661022; 482579, 3696905; 481807, 3696921; 481819, 3698884; 479733, 3698896; 479768, 3661043; 482610, 3661055; 482607, 3697203; 481723, 3697184; 481765, 3698890; 479811, 3698903; 479812, 3661073; 482579, 3661079; 482579, 3697293; 481781, 3697418; 481903, 3698904; 479813, 3698905; 479815, 3661134; 482604, 3661143; 482637, 3697425; 481903, 3697389; 482040, 3698906; 479816, 3698907; 479817, 3661170; 482640, 3661225; 482292, 3697405; 482121, 3697380; 482242, 3698907; 479818, 3698908; 479820, 3661222; 482291, 3661178; 482291, 3697405; 482387, 3697466; 482364, 3698909; 479839, 3698953; 479888, 3661140; 482296, 3660467; 482280, 3697527; 482252, 3697527; 482249, 3698952; 479921, 3698953; 480180, 3660467; 482280, 3660461; 482283, 3697630; 482105, 3697524; 482063, 3698954; 480211, 3698955; 480224, 3660213; 482398, 3660222; 482452, 3697598; 482098, 3697684; 482137, 3698955; 480250, 3698955; 480264, 3660170; 482507, 3660113; 482640, 3697690; 482137, 3697755; 481989, 3698955; 480309, 3698955; 480324, 3660010; 482271, 3660030; 482204, 3697729; 481989, 3697620; 481829, 3698955; 480429, 3698956; 480434, 3660034; 482205, 3660014. 3697604; 481688, 3697652; 481563, 3698956; 480442, 3698956; 480444, (N) 484270, 3659831; 484228, 3697697; 481500, 3697699; 481500, 3698956; 480603, 3698957; 481022, 3659834; 484234, 3659574; 484223, 3697700; 481483, 3697700; 481403, 3698957; 481398, 3698958; 481416, 3659574; 484331, 3659349; 484312, 3697703; 481246, 3697723; 481102, 3698958; 481581, 3698957; 481656,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18712 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
3698957; 481868, 3698957; 481871, 3686166; 487804, 3686162; 487804, 480768, 3680633; 480646, 3680698; 3699025; 481660, 3699024. 3686306; 487834, 3686338; 487862, 480587, 3680717; 480557, 3680738; (F) 487429, 3690440; 487459, 3686361; 487857, 3686739; 487806, 480498, 3680659. 3690484; 487495, 3690333; 487491, 3686749; 487797, 3686784; 487586, (K) 481186, 3678938; 481307, 3690321; 487463, 3690185; 487469, 3686784; 487586, 3686726; 487551, 3678984; 481438, 3678919; 481494, 3689913; 487474, 3689613; 487395, 3686719; 487400, 3686723; 487393, 3678667; 481624, 3678555; 481811, 3689573; 487384, 3689499; 487446, 3686774; 487375, 3686781; 487372, 3678481; 481913, 3678499; 482091, 3689398; 487486, 3689392; 487520, 3686814; 487273, 3686816; 487279, 3678285; 482259, 3678052; 482417, 3689364; 487622, 3689205; 487695, 3686862; 487163, 3686867; 487163, 3677865; 482455, 3677650; 482585, 3689120; 487707, 3689035; 487701, 3686837; 487076, 3686825; 486998, 3677445; 482734, 3677343; 482987, 3688900; 487700, 3688900; 487700, 3687139; 486731, 3687139; 486661, 3677334; 482948, 3677417; 482940, 3688884; 487678, 3688389; 487823, 3687420; 486633, 3687855; 486815, 3677520; 482800, 3677622; 482744, 3688217; 488066, 3688110; 488154, 3688079; 487096, 3688500; 487180, 3677772; 482594, 3677940; 482473, 3688208; 488313, 3688225; 488364, 3688640; 487180, 3688837; 486927, 3678098; 482501, 3678201; 482408, 3688372; 488415, 3688355; 488550, 3688837; 486647, 3688584; 486380, 3678322; 482221, 3678378; 482119, 3688276; 488584, 3688146; 488675, 3688556; 486226, 3688795; 486228, 3678518; 482025, 3678565; 481969, 3688135; 488675, 3688401; 488760, 3689035; 486254, 3689286; 486438, 3678611; 481960, 3678677; 481792, 3688440; 488811, 3688474; 488811, 3689516; 487038, 3689239; 487027, 3678723; 481755, 3678891; 481764, 3688548; 488794, 3688588; 488743, 3689652; 486874, 3689692; 486773, 3679087; 481186, 3679162. 3688559; 488675, 3688571; 488664, 3689875; 486759, 3690085; 486619, (L) 486761, 3676144; 486926, 3688644; 488709, 3688760; 488680, 3690212; 486493, 3690352; 486493, 3675728; 486943, 3675686; 486957, 3688792; 488377, 3689129; 488252, 3690534; 486450, 3690618; 486268, 3675650; 486955, 3675649; 487099, 3689267; 488250, 3689267; 488143, 3690450; 486212, 3690310; 486142, 3675368; 487138, 3675426; 487319, 3689488; 488131, 3689601; 488109, 3690155; 485917, 3690001; 485861, 3675757; 487348, 3676085; 487320, 3689896; 488086, 3689970; 488046, 3689566; 486072, 3689244; 486156, 3676632; 487208, 3677502; 487110, 3690066; 488041, 3690207; 488080, 3688444; 485356, 3687953; 485244, 3677432; 486885, 3677390; 486661, 3690275; 488154, 3690264; 488177, 3687616; 485245, 3687612; 485250, 3677530; 486605, 3677713; 486352, 3690156; 488205, 3690117; 488250, 3687593; 485300, 3687402; 485300, 3677713; 486548, 3676944; 486550, 3690111; 488262, 3690315; 488284, 3687400; 485300, 3687400; 485403, 3676942. 3690360; 488284, 3690508; 488046, 3687007; 485412, 3687002; 485483, * * * * * 3690508; 488029, 3690530; 487944, 3687027; 485570, 3686920; 485889, (11) * * * 3690549; 487932, 3690630; 487967, 3686331; 486038, 3686253; 486200, (i) Unit 7 excludes land bounded by 3690666; 487882, 3690745; 487848, 3686201; 486200, 3686200; 486203, the following UTM NAD27 coordinates 3690853; 487854, 3690932; 487888, 3686200; 486279, 3686175; 486357, (E, N): 3690995; 487882, 3691080; 487656, 3685977; 486357, 3685867; 486318, (A) 427280, 3738801; 427329, 3691068; 487610, 3691029; 487571, 3685750; 486227, 3685643; 486239, 3738859; 427365, 3738879; 427333, 3690802; 487469, 3690802; 487406, 3685532; 486248, 3685521; 486237, 3738938; 427232, 3738884; 427235, 3690519. 3685509; 486254, 3685221; 486268, 3738870; 427240, 3738856; 427231, (G) 486340, 3685163; 486663, 3685221; 486277, 3685221; 486326, 3738844; 427235, 3738831; 427255, 3685169; 486674, 3684932; 486542, 3685176. 3738801. 3684892; 486357, 3684731; 486311, (H) 485279, 3680882; 485306, (B) 426475, 3738412; 426469, 3684511; 486294, 3684264; 486346, 3680969; 485337, 3681064; 485371, 3738431; 426463, 3738449; 426464, 3683820; 486340, 3683381; 486366, 3681151; 485371, 3681152; 485255, 3683305; 486422, 3683338; 486787, 3681155; 485246, 3681121; 485192, 3738471; 426464, 3738488; 426456, 3683310; 486984, 3683254; 487013, 3681123; 485192, 3681095; 485163, 3738499; 426454, 3738515; 426462, 3683224; 487121, 3683287; 487123, 3681095; 485160, 3681066; 485195, 3738526; 426479, 3738537; 426480, 3683308; 487128, 3683311; 487130, 3681064; 485194, 3680817; 485061, 3738529; 426488, 3738522; 426502, 3683358; 487376, 3683604; 487475, 3680816; 485064, 3680788; 485131, 3738525; 426518, 3738537; 426538, 3683660; 487531, 3683857; 487755, 3680789; 485131, 3680763; 485213, 3738545; 426542, 3738538; 426542, 3683857; 487853, 3684067; 487841, 3680759; 485223, 3680725; 485246, 3738525; 426540, 3738505; 426533, 3684086; 487713, 3684278; 487475, 3680729. 3738484; 426526, 3738459; 426519, 3684292; 487432, 3684081; 487432, (I) 480199, 3680423; 480069, 3680417; 3738432; 426511, 3738411; 426491, 3683885; 487194, 3683787; 487096, 479977, 3680531; 479815, 3680347; 3738405. 3684334; 487026, 3684628; 487306, 480196, 3680357; 480345, 3680576; * * * * * 3684628; 487475, 3684572; 487797, 480409, 3680569; 480419, 3680668; (12) * * * 3684600; 487895, 3684755; 487811, 480203, 3680658. (i) Unit 8 excludes land bounded by 3684839; 487531, 3684853; 487208, (J) 480496, 3680485; 480449, 3680438; the following UTM NAD27 coordinates 3684783; 486998, 3684881; 486871, 480443, 3680331; 480442, 3680318; (E, N): 3685119; 486871, 3685386; 487012, 480626, 3680088; 480573, 3680054; (A) 374717, 3735861; 374771, 3685596; 487137, 3686264; 487217, 480376, 3680044; 480386, 3679944; 3735963; 374736, 3736039; 374714, 3686264; 487228, 3686236; 487335, 480747, 3679947; 480797, 3680124; 3736090; 374758, 3736109; 374768, 3686222; 487347, 3686199; 487372, 480934, 3679977; 480964, 3679950; 3736141; 374717, 3736236; 374739, 3686194; 487372, 3686169; 487349, 480934, 3679954; 480937, 3679931; 3736287; 374714, 3736379; 374663, 3686169; 487354, 3686132; 487368, 480985, 3679932; 480997, 3679921; 3736436; 374717, 3736496; 374800, 3686122; 487395, 3686104; 487402, 480994, 3679533; 481388, 3679547; 3736433; 374860, 3736452; 374822, 3686053; 487430, 3686039; 487440, 481391, 3679941; 481017, 3679932; 3736591; 374715, 3736627; 374685, 3685988; 487502, 3685979; 487507, 481010, 3679944; 481010, 3680234; 3736563; 374688, 3736531; 374558, 3686027; 487625, 3686153; 487648, 480990, 3680236; 481012, 3680492; 3736537; 374533, 3736468; 374606, 3686157; 487676, 3686171; 487704, 480927, 3680555; 480848, 3680567; 3736391; 374593, 3736372; 374571,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18713
3736350; 374593, 3736293; 374622, 3735556; 374933, 3735620; 374908, 3734477; 375215, 3734394; 375273, 3736293; 374650, 3736268; 374622, 3735655; 374935, 3735694. 3734369; 375292, 3734328; 375317, 3736236; 374622, 3736195; 374644, (E) 375263, 3736252; 375269, 3734274. 3736175; 374631, 3736106; 374666, 3736309; 375285, 3736366; 375308, (I) 372554, 3735106; 372468, 3735135; 3736042; 374622, 3735975; 374641, 3736407; 375339, 3736445; 375377, 372392, 3735150; 372332, 3735096; 3735883; 374707, 3735848. 3736487; 375428, 3736522; 375514, 372310, 3735030; 372316, 3734960; (B) 375495, 3735728; 375546, 3736576; 375577, 3736550; 375625, 372354, 3734912; 372430, 3734855; 3735807; 375603, 3735864; 375616, 3736560; 375692, 3736677; 375638, 372564, 3734734; 372665, 3734674; 3735921; 375555, 3735909; 375479, 3736703; 375508, 3736604; 375431, 372621, 3734601; 372541, 3734525; 3735848; 375463, 3735893; 375530, 3736636; 375352, 3736604; 375346, 372475, 3734519; 372465, 3734468; 3735960; 375584, 3736001; 375625, 3736509; 375260, 3736496; 375228, 372437, 3734430; 372399, 3734395; 3736061; 375708, 3736093; 375777, 3736534; 375158, 3736544; 375092, 372386, 3734353; 372370, 3734343; 3736137; 375787, 3736175; 375692, 3736455; 375098, 3736356; 375114, 372386, 3734334; 372433, 3734312; 3736172; 375603, 3736185; 375596, 3736287; 375120, 3736220; 375122, 372551, 3734299; 372621, 3734271; 3736214; 375606, 3736283; 375593, 3736219. 372672, 3734242; 372726, 3734198; (F) 375590, 3735321; 375501, 3736315; 375536, 3736315; 375523, 372770, 3734157; 372853, 3734096; 3735340; 375438, 3735366; 375377, 3736351; 375476, 3736331; 375473, 372888, 3734125; 372921, 3734182; 3735398; 375269, 3735525; 375187, 3736268; 375479, 3736210; 375485, 372918, 3734230; 372918, 3734255; 3735585; 375203, 3735677; 375279, 3736141; 375454, 3736172; 375390, 372932, 3734265; 372957, 3734242; 3735680; 375273, 3735756; 375228, 3736191; 375352, 3736128; 375352, 372970, 3734230; 372989, 3734236; 3735810; 375209, 3735893; 375146, 3736058; 375339, 3735982; 375317, 373008, 3734258; 373015, 3734287; 3735928; 375088, 3735852; 375063, 3735858; 375362, 3735823; 375365, 373011, 3734331; 373049, 3734598; 3735725; 375438, 3735677. 3735779; 375054, 3735737; 375114, 3735687; 375085, 3735626; 375082, 373043, 3734785; 373053, 3734830; (C) 375847, 3735410; 375898, 3735579; 375098, 3735521; 375006, 373116, 3734792; 373124, 3734781; 3735445; 375924, 3735477; 375936, 3735442; 374993, 3735340; 374965, 373142, 3734754; 373142, 3734749; 3735534; 375965, 3735534; 375987, 3735283; 374908, 3735232; 374819, 373161, 3734668; 373170, 3734560; 3735566; 375955, 3735607; 375885, 3735172; 374761, 3735163; 374714, 373142, 3734461; 373113, 3734366; 3735626; 375854, 3735661; 375889, 3735128; 374695, 3735086; 374650, 373084, 3734319; 373075, 3734284; 3735702; 376022, 3735652; 376076, 3735017; 374698, 3734966; 374673, 373119, 3734246; 373170, 3734246; 3735744; 376111, 3735756; 376171, 3734858; 374704, 3734829; 374730, 373256, 3734252; 373264, 3734251; 3735807; 376165, 3735861; 376149, 3734788; 374755, 3734731; 374723, 373280, 3734234; 373300, 3734168; 3735915; 376162, 3735966; 376203, 3734686; 374755, 3734645; 374812, 373339, 3734141; 373342, 3734138; 3735972; 376219, 3736010; 376225, 3734686; 374854, 3734683; 374923, 373343, 3734138; 373363, 3734125; 3736087; 376238, 3736137; 376251, 3734642; 374974, 3734683; 374949, 373409, 3734151; 373419, 3734201; 3736214; 376308, 3736207; 376326, 3734721; 374961, 3734766; 374987, 373427, 3734201; 373434, 3734185; 3736273; 376279, 3736283; 376162, 3734817; 374974, 3734845; 374923, 373443, 3734172; 373462, 3734163; 3736341; 376108, 3736318; 376070, 3734845; 374869, 3734877; 374812, 373484, 3734166; 373494, 3734182; 3736315; 376047, 3736341; 376073, 3734893; 374777, 3734918; 374736, 373507, 3734182; 373510, 3734181; 3736385; 376019, 3736423; 375958, 3734940; 374755, 3734978; 374777, 373526, 3734176; 373545, 3734157; 3736458; 375857, 3736388; 375847, 3735004; 374828, 3735061; 374869, 373554, 3734157; 373570, 3734157; 3736334; 375860, 3736283; 375898, 3735118; 374984, 3735163; 375019, 373596, 3734166; 373602, 3734192; 3736245; 375936, 3736248; 375949, 3735232; 375066, 3735290; 375146, 373646, 3734195; 373665, 3734157; 3736207; 376006, 3736153; 376038, 3735337; 375209, 3735252; 375273, 373678, 3734144; 373686, 3734142; 3736106; 376022, 3736023; 376016, 3735315; 375416, 3735242; 375412, 373710, 3734138; 373723, 3734134; 3735969; 375971, 3735982; 375936, 3735220; 375422, 3735156; 375498, 373738, 3734138; 373780, 3734303; 3736017; 375904, 3736064; 375822, 3735061; 375536, 3735112; 375577, 373783, 3734372; 373757, 3734468; 3736058; 375771, 3736039; 375774, 3735175; 375609, 3735258; 375623, 373748, 3734531; 373773, 3734582; 3735925; 375749, 3735934; 375717, 3735294. 373789, 3734607; 373792, 3734658; 3735909; 375692, 3735848; 375670, (G) 375644, 3734531; 375644, 373767, 3734706; 373742, 3734719; 3735788; 375692, 3735763; 375698, 3734578; 375638, 3734613; 375609, 373704, 3734719; 373653, 3734677; 3735740; 375673, 3735702; 375660, 3734648; 375552, 3734683; 375504, 373630, 3734658; 373608, 3734639; 3735648; 375663, 3735623; 375644, 3734683; 375539, 3734712; 375568, 373538, 3734709; 373599, 3734769; 3735591; 375660, 3735556; 375685, 3734747; 375571, 3734798; 375568, 373605, 3734807; 373332, 3734903; 3735521; 375701, 3735493; 375749, 3734832; 375558, 3734883; 375543, 373345, 3735014; 373338, 3735049; 3735452; 375739, 3735410; 375739, 3734915; 375489, 3734893; 375419, 373272, 3735071; 373262, 3735115; 3735363; 375835, 3735353. 3734848; 375377, 3734810; 375339, 373275, 3735176; 373249, 3735217; (D) 374869, 3735734; 374809, 3734782; 375349, 3734699; 375381, 373116, 3735296; 373024, 3735315; 3735760; 374720, 3735782; 374628, 3734636; 375403, 3734597; 375485, 373024, 3735582; 372964, 3735576; 3735785; 374584, 3735772; 374542, 3734566; 375549, 3734499; 375620, 372922, 3735554; 372884, 3735449; 3735702; 374568, 3735642; 374603, 3734474. 372878, 3735357; 372872, 3735309; 3735607; 374705, 3735626; 374718, (H) 375374, 3734293; 375381, 372859, 3735281; 372884, 3735242; 3735518; 374610, 3735467; 374582, 3734340; 375365, 3734378; 375336, 372919, 3735227; 372961, 3735198; 3735456; 374565, 3735426; 374561, 3734407; 375298, 3734455; 375292, 372989, 3735150; 373015, 3735112; 3735391; 374568, 3735337; 374590, 3734531; 375241, 3734585; 375177, 373015, 3735100; 372983, 3735090; 3735309; 374682, 3735325; 374746, 3734607; 375127, 3734607; 375108, 372932, 3735112; 372853, 3735087; 3735318; 374765, 3735302; 374838, 3734628; 375082, 3734601; 375025, 372776, 3735074; 372729, 3735049; 3735312; 374876, 3735366; 374930, 3734547; 375028, 3734521; 375050, 372735, 3735011; 372741, 3734985; 3735423; 374946, 3735493; 374949, 3734490; 375123, 3734448; 375193, 372751, 3734969; 372618, 3734954;
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18714 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
372551, 3734944; 372551, 3734998; 3714929; 497015, 3714716; 497010, 3800921; 342405, 3800821; 342105, 372583, 3735033; 372586, 3735065; 3714699; 496997, 3714671; 496977, 3800821; 341905, 3800921; 341505, 372578, 3735075; 372578, 3735078; 3714642; 496959, 3714621; 496944, 3800921; 341305, 3800821; 341205, 372576, 3735078. 3714618; 496918, 3714616; 496678, 3800721; 340705, 3800621; 340405, (J) 374061, 3737786; 374013, 3737868; 3714617; 496660, 3714616; 496641, 3800521; 340005, 3800421; 339805, 373975, 3737938; 373972, 3737989; 3714625; 496620, 3714633; 496603, 3800321; 339605, 3800221; 339505, 374000, 3738087; 373975, 3738125; 3714639; 496586, 3714655; 496569, 3800121; 339505, 3799621; 339605, 373956, 3738170; 373937, 3738214; 3714669; 496550, 3714691; 496527, 3799521; 340005, 3799521; 340105, 373959, 3738240; 374004, 3738268; 3714712; 496499, 3714746; 496474, 3799721; 340305, 3799921; 341605, 374064, 3738278; 374124, 3738259; 3714778; 496468, 3714793; 496461, 3800021; 341605, 3799821; 341705, 374178, 3738221; 374219, 3738195; 3714801; 496455, 3714810; 496454, 3799621; 341805, 3799321; 342005, 374254, 3738154; 374267, 3738132; 3714991. 3799321; 342605, 3799921; 342805, 374258, 3738100; 374216, 3738055; * * * * * 3799821; 342805, 3799521; 342605, 374181, 3738011; 374159, 3737957; (15) * * * 3799221; 342305, 3799121; 342105, 374153, 3737903; 374145, 3737858; (i) Unit 12 excludes land bounded by 3799021; 342005, 3798921; 341905, 374137, 3737846; 374115, 3737808; the following UTM NAD27 coordinates 3798721; 341905, 3798521; 342005, 374099, 3737786. (E, N): 427036, 3771756; 427083, 3798421; 342205, 3798421. * * * * * 3771721; 427106, 3771719; 427131, * * * * * (13) * * * 3771702; 427144, 3771670; 427169, Everglade Snail Kite (Rostrhamus (i) Unit 9 excludes land bounded by 3771658; 427210, 3771664; 427271, sociabilis plumbeus) the following UTM NAD27 coordinates 3771661; 427318, 3771654; 427363, * * * * * (E, N): 418541, 3755066; 418231, 3771670; 427379, 3771708; 427382, 3755073; 418244, 3755423; 418551, 3771740; 427350, 3771727; 427344, Note: The map provided is for 3755416. 3771715; 427274, 3771727; 427252, informational purposes only. Map follows: * * * * * 3771756; 427236, 3771794; 427137, * * * * * (14) * * * 3771769; 427099, 3771797; 427074, Marbled Murrelet (Brachyramphus (i) Unit 10 excludes land bounded by 3771807; 427042, 3771819; 427017, marmoratus) 3771794; 427026, 3771775. the following UTM NAD27 coordinates 1. * * * The maps provided are for (E, N): * * * * * informational purposes only. (A) 497619, 3716257; 497604, (16) * * * 3716268; 497581, 3716300; 497571, (i) Unit 13 excludes land bounded by * * * * * 3716311; 497557, 3716324; 497542, the following UTM NAD27 coordinates Mexican Spotted Owl (Strix occidentalis 3716337; 497528, 3716347; 497513, (E, N): lucida) 3716355; 497500, 3716364; 497491, (A) 349305, 3798421; 349605, * * * * * 3716373; 497484, 3716384; 497484, 3798121; 349805, 3798021; 349905, (8) Unit CP–11: Iron, Kane, and 3716395; 497492, 3716404; 497507, 3797921; 350005, 3797921; 350005, Washington Counties, Utah. The map of 3716411; 497522, 3716414; 497549, 3798221; 349905, 3798321; 349705, Unit CP–11 is provided at paragraph 3716413; 497559, 3716418; 497572, 3798421; 349605, 3798521; 349305, (11) of this entry. 3716422; 497588, 3716426; 497608, 3798521. (9) Unit CP–12: Garfield and Kane 3716426; 497622, 3716419; 497635, (B) 349005, 3797921; 349005, Counties, Utah. The map of Unit CP–12 3716410; 497649, 3716399; 497668, 3798221; 348805, 3798421; 348505, is provided at paragraph (11) of this 3716410; 497682, 3716417; 497694, 3798521; 348293, 3798521; 348005, entry. 3716419; 497712, 3716414; 497728, 3798521; 347705, 3798421; 347705, (10) Unit CP–13: Garfield, Kane, San 3716405; 497744, 3716395; 497754, 3798221; 347305, 3798121; 347305, Juan, and Wayne Counties, Utah. The 3716385; 497761, 3716375; 497766, 3798021; 347805, 3798021; 348005, map of Unit CP–13 is provided at 3716364; 497769, 3716349; 497767, 3798121; 348405, 3797921; 348526, paragraph (11) of this entry. 3716339; 497761, 3716329; 497749, 3797921. * * * * * 3716320; 497728, 3716313; 497718, (C) 348405, 3796321; 348205, (12) Unit CP–14: Garfield, Grand, San 3716312; 497704, 3716308; 497691, 3796221; 348205, 3796121; 348405, Juan, and Wayne Counties, Utah. The 3716301; 497681, 3716294; 497672, 3795921; 348605, 3795621; 348705, map of Unit CP–14 is provided at 3716286; 497658, 3716270; 497648, 3795521; 348905, 3795421; 349005, paragraph (14) of this entry. 3716258; 497633, 3716254. 3795321; 349405, 3795321; 349466, (13) Unit CP–15: Carbon and Emery (B) 496452, 3715265; 496460, 3795382; 349505, 3795421; 349505, Counties, Utah. The map of Unit CP–15 3715297; 496475, 3715302; 496490, 3795621; 349407, 3795646; 349105, is provided at paragraph (14) of this 3715304; 496500, 3715306; 496517, 3795721; 349105, 3796121; 349005, entry. 3715306; 496538, 3715300; 496557, 3796221; 348905, 3796421; 349050, 3715294; 496580, 3715281; 496592, 3796567; 349105, 3796621; 349105, * * * * * 3715277; 496611, 3715258; 496666, 3796721; 348978, 3796753; 348705, (15) Unit SRM–C–1a: El Paso, 3715222; 496692, 3715219; 496719, 3796821; 348505, 3796921; 348405, Fremont, and Teller Counties, Colorado. 3715219; 496745, 3715228; 496769, 3796921. The map of Unit SRM–C–1a is provided 3715253; 496779, 3715290; 496805, (D) 342505, 3798721; 342705, at paragraph (18) of this entry. 3715302; 496828, 3715311; 496854, 3798821; 342805, 3798921; 343105, (16) Unit SRM–C–1b: Custer, 3715317; 496872, 3715322; 496889, 3799021; 343105, 3799421; 343805, Fremont, Huerfano, and Pueblo 3715320; 496897, 3715320; 496915, 3799421; 343905, 3799621; 343905, Counties, Colorado. The map of Unit 3715314; 496937, 3715303; 496956, 3799721; 343605, 3799721; 343505, SRM–C–1b is provided at paragraph (18) 3715297; 496977, 3715291; 496988, 3799821; 343605, 3799921; 343705, of this entry. 3715285; 496989, 3715272; 497001, 3800121; 343705, 3800721; 343605, (17) Unit SRM–C–2: Douglas and 3715130; 497015, 3714996; 497022, 3801021; 342705, 3801021; 342505, Jefferson Counties, Colorado. The map
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18715
of Unit SRM–C–2 is provided at Unit BR–W–12 is provided at paragraph SRM–NM–12 is provided at paragraph paragraph (18) of this entry. (46) of this entry. (62) of this entry. * * * * * (42) Unit BR–W–13: Santa Cruz * * * * * (19) Unit CP–10: Coconino and County, Arizona. The map of Unit BR– (63) Unit BR–E–5: Torrance and Mohave Counties, Arizona. The map of W–13 is provided at paragraph (46) of Valencia Counties, New Mexico. The Unit CP–10 is provided at paragraph this entry. map of Unit BR–E–5 is provided at (20) of this entry. (43) Unit BR–W–14: Santa Cruz paragraph (67) of this entry. County, Arizona. The map of Unit BR– * * * * * (64) Unit BR–E–7: Bernalillo and W–14 is provided at paragraph (46) of (21) Unit UGM–11: Coconino County, Sandoval Counties, New Mexico. The this entry. Arizona. The map of Unit UGM–11 is map of Unit BR–E–7 is provided at (44) Unit BR–W–15: Cochise County, provided at paragraph (27) of this entry. paragraph (67) of this entry. Arizona. The map of Unit BR–W–15 is (22) Unit UGM–12: Coconino County, (65) Unit CP–1: Cibola and McKinley provided at paragraph (46) of this entry. Arizona. The map of Unit UGM–12 is Counties, New Mexico. The map of Unit (45) Unit BR–W–16: Cochise County, CP–1 is provided at paragraph (67) of provided at paragraph (27) of this entry. Arizona. The map of Unit BR–W–16 is (23) Unit UGM–13: Coconino and this entry. provided at paragraph (46) of this entry. Yavapai Counties, Arizona. The map of (66) Unit CP–2: Cibola and McKinley Unit UGM–13 is provided at paragraph * * * * * Counties, New Mexico. The map of Unit (27) of this entry. (47) Unit BR–W–18: Cochise County, CP–2 is provided at paragraph (67) of (24) Unit UGM–14: Coconino County, Arizona. The map of Unit BR–W–18 is this entry. Arizona. The map of Unit UGM–14 is provided at paragraph (48) of this entry. * * * * * provided at paragraph (27) of this entry. * * * * * (68) Unit BR–E–1a: Lincoln County, (25) Unit UGM–15: Coconino County, (49) Unit UGM–2: Socorro County, New Mexico. The map of Unit BR–E–1a Arizona. The map of Unit UGM–15 is New Mexico. The map of Unit UGM–2 is provided at paragraph (72) of this provided at paragraph (27) of this entry. is provided at paragraph (55) of this entry. (26) Unit UGM–17: Coconino County, entry. (69) Unit BR–E–1b: Otero County, Arizona. The map of Unit UGM–17 is (50) Unit UGM–3: Socorro County, New Mexico. The map of Unit BR–E–1b provided at paragraph (27) of this entry. New Mexico. The map of Unit UGM–3 is provided at paragraph (72) of this is provided at paragraph (55) of this * * * * * entry. (70) Unit BR–E–3: Lincoln County, (28) Unit BR–W–2: Yavapai County, entry. (51) Unit UGM–5a: Catron and Grant New Mexico. The map of Unit BR–E–3 Arizona. The map of Unit BR–W–2 is Counties, New Mexico. The map of Unit is provided at paragraph (72) of this provided at paragraph (33) of this entry. UGM–5a is provided at paragraph (55) (29) Unit BR–W–3: Yavapai County, entry. of this entry. (71) Unit BR–E–4: Lincoln County, Arizona. The map of Unit BR–W–3 is (52) Unit UGM–5b: Catron, Grant, and New Mexico. The map of Unit BR–E–4 provided at paragraph (33) of this entry. Sierra Counties, New Mexico. The map is provided at paragraph (72) of this (30) Unit BR–W–4: Gila, Maricopa, of Unit UGM–5b is provided at entry. and Yavapai Counties, Arizona. The paragraph (55) of this entry. * * * * * map of Unit BR–W–4 is provided at (53) Unit UGM–6: Catron County, paragraph (33) of this entry. Palila (Psittirostra bailleui) New Mexico. The map of Unit UGM–6 * * * * * (31) Unit BR–W–5: Gila County, is provided at paragraph (55) of this Arizona. The map of Unit BR–W–5 is entry. Note: The map provided is for provided at paragraph (33) of this entry. (54) Unit UGM–7: Apache and informational purposes only. Map follows: (32) Unit UGM–10: Coconino, Gila, Greenlee Counties, Arizona, and Catron and Navajo Counties, Arizona. The map * * * * * County, New Mexico. The map of Unit Piping Plover (Charadrius melodus)— of Unit UGM–10 is provided at UGM–7 is provided at paragraph (55) of paragraph (33) of this entry. Great Lakes Breeding Population this entry. 1. * * * The maps provided are for * * * * * * * * * * informational purposes only. (34) Unit BR–W–6: Gila County, (56) Unit SRM–NM–1: Los Alamos * * * * * Arizona. The map of Unit BR–W–6 is County, New Mexico. The map of Unit provided at paragraph (40) of this entry. Piping Plover (Charadrius melodus) SRM–NM–1 is provided at paragraph Wintering Habitat (35) Unit BR–W–7: Graham County, (62) of this entry. * * * * * Arizona. The map of Unit BR–W–7 is (57) Unit SRM–NM–4: Los Alamos 3. * * * The maps provided are for provided at paragraph (40) of this entry. County, New Mexico. The map of Unit informational purposes only. * * * (36) Unit BR–W–8: Graham County, SRM–NM–4 is provided at paragraph Arizona. The map of Unit BR–W–8 is (62) of this entry. * * * * * provided at paragraph (40) of this entry. (58) Unit SRM–NM–5a: San Miguel Piping Plover (Charadrius melodus)— (37) Unit BR–W–9: Graham County, and Santa Fe Counties, New Mexico. Northern Great Plains Breeding Arizona. The map of Unit BR–W–9 is The map of Unit SRM–NM–5a is Population provided at paragraph (40) of this entry. provided at paragraph (62) of this entry. 1. * * * The maps provided are for (38) Unit BR–W–10: Cochise County, (59) Unit SRM–NM–5b: Mora and San informational purposes only. Arizona. The map of Unit BR–W–10 is Miguel Counties, New Mexico. The map * * * * * provided at paragraph (40) of this entry. of Unit SRM–NM–5b is provided at Inyo Brown Towhee (Pipilo fuscus (39) Unit BR–W–11: Pima and Pinal paragraph (62) of this entry. eremophilus) Counties, Arizona. The map of Unit BR– (60) Unit SRM–NM–11: Rio Arriba * * * * * W–11 is provided at paragraph (40) of County, New Mexico. The map of Unit (10) * * * this entry. SRM–NM–11 is provided at paragraph Note: The map provided is for * * * * * (62) of this entry. informational purposes only. (41) Unit BR–W–12: Pima and Santa (61) Unit SRM–M–12: Rio Arriba Cruz Counties, Arizona. The map of County, New Mexico. The map of Unit * * * * *
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18716 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
(11) * * * (28) * * * 4155916; 550841, 4155787; 550925, Note: The map provided is for (i) Unit SNM–1 excludes land 4155803; 551002, 4155930; 551019, informational purposes only. bounded by the following UTM Zone 4156093; 551077, 4156152; 551073, 10, NAD83 coordinates (E, N): 4156327; 551032, 4156400; 551040, * * * * * (A) 549620, 4162507; 549728, 4156464; 550998, 4156603; 550857, Least Bell’s Vireo (Vireo bellii pusillus) 4162401; 549733, 4162310; 549683, 4156826; 550788, 4156876; 550768, California. The maps provided in this 4162274; 549645, 4162279; 549425, 4156856; 550806, 4156762; 550914, entry are for informational purposes 4162399; 549337, 4162318; 549333, 4156646; 550936, 4156369; 550988, only. Areas of land and water as 4162206; 549471, 4161976; 549525, 4156222; 550986, 4156177; 550940, follows: 4161940; 549606, 4161951; 549662, 4156123; 550708, 4156302; 550626, * * * * * 4161921; 549738, 4161921; 549790, 4156334; 550616, 4156367; 550384, 4161808; 549961, 4161760; 549981, Rota Bridled White-Eye (Zosterops 4156493; 550300, 4156553; 550297, 4161667; 549936, 4161577; 550072, rotensis) 4156578; 550218, 4156578; 550172, 4161454; 550273, 4161361; 550401, * * * * * 4156621; 550063, 4156618; 549941, 4161273; 550411, 4161245; 550383, 4156723; 549933, 4156777; 549876, (5) * * * 4161187; 550284, 4161178; 550229, (i) Unit excludes 13 areas: 4156814; 549576, 4156911; 549550, 4161142; 550232, 4161107; 550278, 4156944; 549555, 4157013; 549474, * * * * * 4161061; 550265, 4160978; 550296, 4156969; 549416, 4156974; 549204, (d) Amphibians. 4160957; 550492, 4160966; 550678, 4157059; returning to 549220, 4157011. Golden Coqui (Eleutherodactylus 4160838; 550717, 4160754; 550720, (C) 554142, 4155908; 554257, jasperi) 4160671; 550687, 4160604; 550718, 4155782; 554311, 4155675; 554264, 4160544; 550642, 4160424; 550503, * * * * * 4155586; 554381, 4155549; 554414, (3) * * * 4160326; 550549, 4160316; 550788, 4160361; 550839, 4160318; 550799, 4155493; 554518, 4155471; 554527, Note: The map provided is for 4155397; 554641, 4155337; 554746, informational purposes only. Map follows: 4160219; 550867, 4160247; 551032, 4160256; 551116, 4160229; 551150, 4155191; 554701, 4155114; 554798, * * * * * 4160166; 551254, 4160120; 551344, 4155071; 554842, 4154935; 554782, 4159994; 551357, 4159933; 551294, 4154761; 554914, 4154795; 554950, Note: The map provided is for 4154775; 554920, 4154722; 555022, informational purposes only. Map follows: 4159806; 551508, 4159782; 551595, 4159711; 551646, 4159623; 551441, 4154651; 555084, 4154509; 555230, * * * * * 4159474; 551439, 4159451; 551668, 4154328; 555279, 4154214; 555309, California Red-legged Frog (Rana 4159445; 551731, 4159463; 551897, 4154193; 555413, 4154197; 555439, draytonii) 4159386; 552018, 4159435; 552054, 4154108; 555369, 4154054; 555329, * * * * * 4159463; 552045, 4159580; 552096, 4153947; 555293, 4153942; 555250, (10) * * * 4159641; 552077, 4159681; 551989, 4153982; 555184, 4153984; 555094, (i) Unit PLA–1 excludes land 4159676; 551861, 4159820; 551881, 4154029; 555056, 4154088; 554883, bounded by the following UTM Zone 4159858; 551964, 4159881; 551967, 4154165; 554832, 4154145; 554702, 10, NAD83 coordinates (E, N): 695636, 4159927; 551829, 4159929; 551816, 4154172; 554646, 4154240; 554336, 4324153; 695563, 4324116; 695471, 4160002; 551722, 4159971; 551646, 4154291; 554257, 4154362; 554255, 4324147; 695380, 4324137; 695482, 4160052; 551643, 4160146; 551561, 4154245; 554318, 4154248; 554555, 4323950; 695575, 4323941; 695636, 4160173; 551525, 4160211; 551412, 4154173; 554586, 4154107; 554652, 4323824; 695782, 4323867; 695815, 4160393; 551447, 4160589; 551385, 4154090; 554841, 4153964; 555218, 4323840; 695885, 4323710; 695875, 4160624; 551415, 4160711; 551397, 4153835; 555223, 4153761; 555356, 4323548; 695757, 4323455; 695789, 4160774; 551341, 4160817; 551329, 4153696; 555397, 4153653; 555420, 4323364; 695821, 4323355; 695847, 4160715; 551311, 4160685; 551266, 4153577; 555501, 4153590; 555526, 4323389; 695974, 4323437; 695975, 4160674; 551055, 4160965; 551009, 4153695; 555693, 4153711; 555904, 4323571; 696121, 4323615; 696178, 4161066; 551003, 4161183; 550912, 4153415; 556072, 4153271; 556063, 4323884; 696037, 4323867; 695941, 4161188; 550873, 4161215; 550765, 4153182; 555943, 4153217; 556034, 4323923; 695775, 4324220; returning to 4161415; 550679, 4161473; 550553, 4152959; 556026, 4152910; 555996, 695636, 4324153. 4161622; 550578, 4161686; 550432, 4152895; 555856, 4152935; 555854, 4152909; 555992, 4152788; 556078, * * * * * 4161883; 550432, 4161911; 550307, 4162062; 550094, 4162246; 549866, 4152756; 556331, 4152585; 556318, (11) * * * 4162573; 549757, 4162635; 549715, 4152547; 556184, 4152574; 556174, (i) Unit ELD–1 excludes land bounded 4162724; 549544, 4162890; 549421, 4152538; 556235, 4152493; 556286, by the following UTM Zone 10, NAD83 4163070; 549362, 4163128; 549301, 4152488; 556279, 4152435; 556373, coordinates (E, N): 708426, 4291544; 4163145; 549351, 4162963; 549402, 4152428; 556444, 4152362; 556450, 708412, 4291176; 709003, 4291194; 4162869; 549563, 4162687; returning to 4152283; 556488, 4152197; 556382, 709025, 4291561; returning to 708426, 549620, 4162507. 4152194; 556425, 4152138; 556499, 4291544. (B) 549220, 4157011; 549541, 4152098; 556517, 4152025; 556574, * * * * * 4156838; 549722, 4156775; 549735, 4151989; 556576, 4151956; 556513, (25) * * * 4156697; 549801, 4156710; 549883, 4151890; 556555, 4151751; 556608, (i) Subunit CCS–2B excludes land 4156632; 549886, 4156573; 549977, 4151715; 556681, 4151881; 556790, bounded by the following UTM Zone 4156553; 550000, 4156528; 550158, 4151955; 556861, 4151946; 557012, 10, NAD83 coordinates (E, N): 622742, 4156504; 550288, 4156436; 550357, 4151776; 557051, 4151695; 557125, 4184043; 622742, 4183973; 623170, 4156345; 550347, 4156266; 550457, 4151632; 557070, 4151495; 557095, 4183986; 623154, 4184309; 622828, 4156277; 550492, 4156234; 550495, 4151457; 557133, 4151460; 557224, 4184300; 622828, 4184064; returning to 4156194; 550420, 4156053; 550582, 4151552; 557295, 4151667; 557302, 622742, 4184043. 4156065; 550631, 4156017; 550684, 4151720; 557154, 4151833; 557154, * * * * * 4156004; 550738, 4155941; 550809, 4151861; 557253, 4151844; 557347,
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4151878; 557346, 4151923; 557269, 4148917; 560013, 4148990; 560025, 4122920; 553644, 4122708; 553715, 4152007; 557112, 4152067; 557104, 4149077; 559906, 4149091; 559778, 4122548; 553839, 4122460; 554062, 4152095; 556976, 4152193; 556775, 4149222; 559737, 4149169; 559702, 4122505; 554165, 4122407; 554289, 4152285; 556790, 4152321; 556871, 4149166; 559664, 4149201; 559510, 4122418; 554447, 4122645; 555312, 4152332; 556871, 4152367; 556827, 4149358; 559532, 4149444; 559656, 4122656; 555578, 4122761; 555705, 4152405; 556850, 4152446; 556842, 4149488; 559592, 4149635; 559506, 4122761; 555756, 4122507; 556003, 4152489; 556777, 4152679; 556721, 4149650; 559480, 4149680; 559397, 4122317; returning to 556092, 4122063. 4152755; 556657, 4152793; 556697, 4149898; 559341, 4149908; 559250, * * * * * 4152889; 556634, 4152881; 556593, 4149879; 559191, 4149907; 559193, (32) * * * 4152919; 556600, 4152998; 556529, 4150034; 559128, 4150206; 559186, (i) Unit SCZ–1 excludes land bounded 4153023; 556475, 4153091; 556480, 4150267; 559296, 4150283; 559287, by the following UTM Zone 10, NAD83 4153132; 556543, 4153186; 556459, 4150377; 559074, 4150340; 558886, coordinates (E, N): 4153213; 556382, 4153312; 556394, 4150433; 558753, 4150470; 558712, (A) 573194, 4098886; 573212, 4153456; 556363, 4153502; 556380, 4150521; 558673, 4150642; 558549, 4098861; 573233, 4098878; 573215, 4153596; 556313, 4153684; 556277, 4150664; 558505, 4150712; 558492, 4098903; returning to 573194, 4098886. 4153796; 555971, 4153969; 555935, 4150857; 558580, 4150870; 558595, (B) 573580, 4098341; 573624, 4154093; 555871, 4154136; 555878, 4150946; 558493, 4150945; 558405, 4098338; 573660, 4098454; 573623, 4154256; 555852, 4154271; 555753, 4150912; 558170, 4151042; 558170, 4098464; returning to 573580, 4098341. 4154255; 555674, 4154320; 555540, 4151088; 558119, 4151123; 557994, (C) 574941, 4098271; 574925, 4154299; 555476, 4154324; 555445, 4151156; 557767, 4151360; 557737, 4098209; 575067, 4098224; returning to 4154453; 555381, 4154478; 555383, 4151586; 557620, 4151648; 557584, 574941, 4098271. 4154504; 555457, 4154527; 555454, 4151709; 557594, 4151780; 557444, (D) 573381, 4098107; 573397, 4154563; 555322, 4154552; 555322, 4151759; 557409, 4151647; returning to 4098073; 573480, 4098118; 573464, 4154582; 555393, 4154608; 555479, 557286, 4151491. 4098150; returning to 573381, 4098107. 4154713; 555435, 4154756; 555392, (E) 553227, 4150371; 553132, (E) 575347, 4097747; 575349, 4154715; 555273, 4154671; 555237, 4150480; 553085, 4150414; 553085, 4097646; 575448, 4097670; 575379, 4154721; 555260, 4154780; 555249, 4150180; 552935, 4150096; 553085, 4097752; returning to 575347, 4097747. 4154889; 555195, 4154889; 555160, 4150049; 553319, 4149834; 553553, (F) 575388, 4097590; 575394, 4154924; 555144, 4154972; 555073, 4149834; 553646, 4150049; 553581, 4097549; 575456, 4097559; 575440, 4155038; 555031, 4155149; 554868, 4150264; returning to 553227, 4150371. 4097610; returning to 575388, 4097590. 4155306; 554798, 4155473; 554757, (F) 552570, 4150315; 552477, (G) 574744, 4097505; 574777, 4155485; 554678, 4155589; 554581, 4150517; 552589, 4150966; 552563, 4097483; 574803, 4097522; 574771, 4155647; 554540, 4155725; 554443, 4151254; 552664, 4151452; 552664, 4097541; returning to 574744, 4097505. 4155780; 554312, 4156018; 554212, 4151733; 552524, 4151686; 552222, * * * * * 4156101; 554216, 4156203; 554150, 4151263; 551991, 4151097; 551766, Mountain Yellow-legged Frog (Rana 4156246; 554073, 4156436; 553940, 4150854; 551617, 4150480; 551617, muscosa), Southern California DPS 4156567; 553911, 4156648; 553816, 4150115; 551813, 4149956; 552165, * * * * * 4156762; 553750, 4156804; 553769, 4149863; 552374, 4149890; returning to (6) * * * 4156678; 553739, 4156596; 553800, 552570, 4150315. (i) * * * 4156508; 553829, 4156414; 553870, * * * * * (A) Subunit 2A excludes land 4156363; 553957, 4156321; 553927, (29) * * * bounded by the following UTM NAD27 4156252; 553988, 4156194; returning to (i) Unit SNM–2 excludes land coordinates (E, N): (1) 483700, 3785100; 483800, 554142, 4155908. bounded by the following UTM Zone 3785100; 483800, 3785000; 483700, (D) 557286, 4151491; 557284, 10, NAD83 coordinates (E, N): 3785000; 483700, 3785100. 4151443; 557322, 4151364; 557308, (A) 555483, 4121713; 555388, (2) 483100, 3782700; 483600, 4151220; 557354, 4151200; 557448, 4121749; 555388, 4121320; 555235, 3782700; 483600, 3782600; 483500, 4151241; 557468, 4151231; 557519, 4121428; 555083, 4121390; 554981, 3782600; 483500, 3782500; 483400, 4151124; 557482, 4151012; 557579, 4121263; 554873, 4121256; 554937, 3782500; 483400, 3782400; 483300, 4150995; 557549, 4150901; 557402, 4121205; 555387, 4121177; 556034, 3782400; 483300, 3782300; 483200, 4150804; 557674, 4150729; 557846, 4121027; 556340, 4120843; 556518, 3782300; 483200, 3782100; 483100, 4150565; 558016, 4150559; 558080, 4120862; 556658, 4120996; 556400, 3782100; 483100, 3782700. 4150479; 558080, 4150410; 558119, 4121122; 556169, 4121332; 556086, (3) 483000, 3781800; 483100, 4150362; 558354, 4150158; 558464, 4121497; 555687, 4121566; 555584, 3781800; 483100, 3781500; 483000, 4150021; 558452, 4150001; 558511, 4121675; returning to 555483, 4121713. 3781500; 483000, 3781800. 4149920; 558501, 4149798; 558327, (B) 556092, 4122063; 556218, 4149700; 558320, 4149637; 558498, 4122107; 556645, 4122069; 556727, * * * * * ´ 4149539; 558528, 4149270; 558566, 4122152; 556746, 4122317; 556816, Guajon (Eleutherodactylus cooki) 4149227; 558752, 4149193; 558763, 4122418; 557032, 4122456; 557089, * * * * * 4149353; 558908, 4149377; 559299, 4122533; 556873, 4122695; 556861, (11) * * * 4148970; 559307, 4148937; 559274, 4122837; 556467, 4122821; 556281, (ii) The map depicting Unit 6 is 4148929; 559116, 4148982; 559081, 4123125; 556289, 4123256; 556226, provided at paragraph (12)(ii) of this 4148918; 559133, 4148840; 559171, 4123422; 555497, 4123687; 555358, entry. 4148845; 559170, 4148903; 559198, 4123614; 555261, 4123663; 555032, * * * * * 4148914; 559270, 4148863; 559369, 4123593; 554691, 4123369; 554690, (13) * * * 4148854; 559494, 4148740; 559616, 4123310; 554656, 4123262; 554596, (ii) The map depicting Unit 8 is 4148761; 559674, 4148739; 559731, 4123352; 554359, 4123364; 554270, provided at paragraph (14)(ii) of this 4148633; 559955, 4148581; 559947, 4123180; 553600, 4123504; 553555, entry. 4148665; 560032, 4148830; 560049, 4123410; 553375, 4123390; 553635, * * * * *
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(16) * * * (1) * * * Note: The map provided is for informational purposes only. Map follows: (ii) The map depicting Unit 11 is Note: The map provided is for provided at paragraph (17)(ii) of this informational purposes only. Map follows: * * * * * entry. * * * * * Note: The map provided is for * * * * * informational purposes only. Map follows: (19) * * * (2) * * * (ii) The map depicting Unit 14 is Note: The map provided is for * * * * * provided at paragraph (20)(ii) of this informational purposes only. Map follows: Virgin River Chub (Gila seminuda) entry. * * * * * * * * * * * * * * * (e) Fishes. Note: The map provided is for Central Population of California Tiger informational purposes only. Map follows: Salamander (Ambystoma * * * * * californiense) Yaqui Catfish (Ictalurus pricei) * * * * * Yaqui Chub (Gila purpurea) * * * * * * * * * * * * * * * (17) * * * Note: The map provided is for (i) Central Valley Region: Unit 2 informational purposes only. Map follows: Note: The map provided is for excludes land bounded by the following informational purposes only. Map follows: UTM Zone 10, NAD83 coordinates (E, * * * * * * * * * * N): 603666, 4238548; 604112, 4238500; Bonytail Chub (Gila elegans) Ash Meadows Speckled Dace 604463, 4238516; 604510, 4237050; * * * * * (Rhinichthys osculus nevadensis) 604494, 4233370; 601674, 4233354; Note: The map provided is for * * * * * 600161, 4233354; 599699, 4233386; informational purposes only. Map follows: 599667, 4238197; 602105, 4238197; Note: The map provided is for 602375, 4238548; 602822, 4238548; * * * * * informational purposes only. Map follows: 603666, 4238548. Borax Lake Chub (Gila boraxobius) * * * * * * * * * * * * * * * Desert Dace (Eremichthys acros) (18) * * * * * * * * (i) Central Valley Region: Unit 3 Note: The map provided is for informational purposes only. Map follows: excludes land bounded by the following Note: The map provided is for informational purposes only. Map follows: UTM Zone 10, NAD83 coordinates (E, * * * * * N): Humpback Chub (Gila cypha) * * * * * (A) 663699, 4245563; 663773, * * * * * Amber Darter (Percina antesella) 4245470; 663872, 4245529; 663908, * * * * * 4245484; 664132, 4245487; 664193, Note: The map provided is for informational purposes only. Map follows: Note: The map provided is for 4245525; 664343, 4245508; 664446, informational purposes only. Map follows: 4245534; 664455, 4245223; 664686, * * * * * 4245225; 664681, 4245603; 664669, Owens Tui Chub (Gila bicolor snyderi) * * * * * 4245660; 664669, 4245731; 664793, Fountain Darter (Etheostoma fonticola) 4245767; 664776, 4245798; 664712, 1. * * * * * * * * 4245836; 664686, 4245962; 664629, Note: The map provided is for Note: The map provided is for 4246000; 664643, 4246107; 664517, informational purposes only. Map follows: informational purposes only. Map follows: 4246081; 664512, 4246171; 664315, * * * * * 4246178; 664236, 4246190; 663987, * * * * * 4246188; 663813, 4245903; 663732, 2. * * * Leopard Darter (Percina pantherina) 4245860; returning to 663699, 4245563. Note: The map provided is for * * * * * (B) 663893, 4245225; 663790, informational purposes only. Map follows: Note: The map provided is for 4245261; 663740, 4245213; 663759, * * * * * informational purposes only. Map follows: 4244776; 663937, 4244476; 664146, Slender Chub (Erimystax = (Hybopsis) 4244482; 664133, 4245143; returning to * * * * * cahni) 663893, 4245225. Maryland Darter (Etheostoma sellare) * * * * * * * * * * * * * * * Reticulated Flatwoods Salamander Note: The map provided is for Note: The map provided is for (Ambystoma bishopi) informational purposes only. Map follows: informational purposes only. Map follows: (1) * * * The maps provided are for * * * * * * * * * * informational purposes only. Sonora Chub (Gila ditaenia) Niangua Darter (Etheostoma nianguae) * * * * * * * * * * * * * * * San Marcos Salamander (Eurycea nana) 4. * * * Note: The map provided is for * * * * * informational purposes only. Map follows: Note: The map provided is for Note: The map provided is for informational purposes only. Map follows: * * * * * informational purposes only. Map follows: * * * * * Note: The map provided is for * * * * * Spotfin Chub (Erimonax monachus) informational purposes only. Map follows: Arroyo Toad (Anaxyrus californicus) * * * * * * * * * * (1) * * * The maps provided are for informational purposes only. Note: The map provided is for Note: The map provided is for informational purposes only. Map follows: informational purposes only. Map follows: * * * * * Houston Toad (Bufo houstonensis) * * * * * * * * * *
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Note: The map provided is for Note: The map provided is for Tennessee. Claiborne and Hancock informational purposes only. Map follows: informational purposes only. Map follows: Counties. Powell River, main channel from backwaters of Norris Lake * * * * * * * * * * Conasauga Logperch (Percina jenkinsi) upstream to the Tennessee-Virginia Slackwater Darter (Etheostoma * * * * * State line. boschungi) Note: The map provided is for Virginia. Lee, Scott, and Russell * * * * * informational purposes only. Map follows: Counties. Powell River, main channel Note: The maps provided are for from the Virginia-Tennessee State line informational purposes only. Map follows: * * * * * upstream through Lee County. Copper Smoky Madtom (Noturus baileyi) Creek, main channel from its junction * * * * * * * * * * with Clinch River upstream through San Marcos Gambusia (Gambusia Note: The map provided is for Scott County and upstream in Russell georgei) informational purposes only. Map follows: County to Dickensonville. * * * * * * * * * * Note: The map provided is for Yellowfin Madtom (Noturus flavipinnis) informational purposes only. Map follows:
* * * * * Note: The map provided is for Note: The map provided is for Rio Grande Silvery Minnow informational purposes only. Map follows: informational purposes only. Map follows: (Hybognathus amarus) * * * * * * * * * * * * * * * Beautiful Shiner (Notropis formosus) Waccamaw Silverside (Menidia extensa) (1) * * * The map provided is for * * * * * informational purposes only. * * * * * Note: The map provided is for Note: The map provided is for * * * * * informational purposes only. Map follows: Ash Meadows Amargosa Pupfish informational purposes only. Map follows: (Cyprinodon nevadensis mionectes) * * * * * * * * * * Delta Smelt (Hypomesus transpacificus) * * * * * Cape Fear Shiner (Notropis * * * * * Note: The map provided is for mekistocholas) informational purposes only. Map follows: Note: The map provided is for * * * * * informational purposes only. Map follows: * * * * * (3) * * * Desert Pupfish (Cyprinodon macularius) * * * * * Note: The map provided is for Spikedace (Meda fulgida) * * * * * informational purposes only. Map follows: * * * * * Note: The map provided is for (1) * * * The maps provided are for informational purposes only. Map follows: * * * * * informational purposes only. Pecos Bluntnose Shiner (Notropis simus * * * * * pecosensis) * * * * * Note: The map provided is for Big Spring Spinedace (Lepidomeda informational purposes only. Map follows: 1. * * * mollispinus pratensis) Note: The map provided is for * * * * * * * * * * informational purposes only. Map follows: Leon Springs Pupfish (Cyprinodon Note: The map provided is for bovinus) * * * * * informational purposes only. Map follows: * * * * * 2. * * * * * * * *
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Little Colorado Spinedace (Lepidomeda Note: The map provided is for bean (Villosa perpurpurea), vittata) informational purposes only. Map follows: Cumberlandian combshell (Epioblasma 1. * * * * * * * * brevidens), Cumberland elktoe Razorback Sucker (Xyrauchen texanus) (Alasmidonta atropurpurea), oyster Note: The map provided is for mussel (Epioblasma capsaeformis), and informational purposes only. Map follows: * * * * * rough rabbitsfoot (Quadrula cylindrica * * * * * Note: The map provided is for strigillata) 2. * * * informational purposes only. Map follows: * * * * * Note: The map provided is for * * * * * (2) * * * The maps provided are for informational purposes only. Map follows: Warner Sucker (Catostomus informational purposes only. warnerensis) * * * * * * * * * * Tumbling Creek Cavesnail (Antrobia 3. * * * * * * * * 2. * * * culveri) Note: The map provided is for (1) * * * The map provided is for informational purposes only. Map follows: Note: The map provided is for informational purposes only. Map follows: informational purposes only. * * * * * * * * * * White River Spinedace (Lepidomeda * * * * * Morro Shoulderband Snail albivallis) 5. * * * (Helminthoglypta walkeriana) * * * * * Note: The map provided is for 1. * * * The map provided is for informational purposes only. Map follows: informational purposes only. Note: The map provided is for informational purposes only. Map follows: * * * * * * * * * * Little Kern Golden Trout (Salmo Newcomb’s Snail (Erinna newcombi) * * * * * aguabonita whitei) (1) * * * The maps provided are for Note: The map provided is for * * * * * informational purposes only. informational purposes only. Map follows: Note: The map provided is for * * * * * * * * * * informational purposes only. Map follows: San Bernardino Springsnail (Pyrgulopsis Hiko White River Springfish bernardina) * * * * * (Crenichthys baileyi grandis) * * * * * Woundfin (Plagopterus argentissimus) * * * * * (5) Map of critical habitat units for the * * * * * San Bernardino springsnail follows: Note: The map provided is for informational purposes only. Map follows: Note: The map provided is for * * * * * informational purposes only. Three Forks Springsnail (Pyrgulopsis * * * * * trivialis) * * * * * Railroad Valley Springfish (Crenichthys (f) Clams and Snails. * * * * * nevadae) (2) Within these areas, the primary Appalachian Elktoe (Alasmidonta 1. * * * constituent elements of the physical or raveneliana) biological features essential to the Note: The map provided is for (1) * * * The maps provided are for informational purposes only. Map follows: conservation of the Three Forks informational purposes only. springsnail consist of four components: * * * * * * * * * * * * * * * 2. * * * Carolina Heelsplitter (Lasmigona (5) Map of critical habitat units for the Note: The map provided is for decorata) Three Forks springsnail follows: informational purposes only. Map follows: (1) * * * The maps provided are for * * * * * informational purposes only. (g) Arachnids. * * * * * * * * * * * * * * * White River Springfish (Crenichthys Eleven Mobile River Basin Mussel baileyi baileyi) Kauai Cave Wolf Spider (Adelocosa Species: Southern acornshell anops) * * * * * (Epioblasma othcaloogensis), ovate (1) * * * The maps provided are for Note: The map provided is for clubshell (Pleurobema perovatum), informational purposes only. informational purposes only. Map follows: southern clubshell (Pleurobema * * * * * decisum), upland combshell * * * * * Spruce-Fir Moss Spider (Microhexura (Epioblasma metastriata), triangular montivaga) Colorado Squawfish (Ptychocheilus kidneyshell (Ptychobranchus greenii), 1. * * * The maps provided are for lucius) Alabama moccasinshell (Medionidus informational purposes only. * * * * * acutissimus), Coosa moccasinshell * * * * * Note: The map provided is for (Medionidus parvulus), orange-nacre informational purposes only. Map follows: mucket (Lampsilis perovalis), dark (h) Crustaceans. pigtoe (Pleurobema furvum), southern * * * * * * * * * * pigtoe (Pleurobema georgianum), and Kauai Cave Amphipod (Spelaeorchestia Gulf Sturgeon (Acipenser oxyrinchus fine-lined pocketbook (Lampsilis altilis) koloana) desotoi) * * * * * (1) * * * The maps provided are for (1) * * * The maps provided are for (2) * * * The maps provided are for informational purposes only. informational purposes only. informational purposes only. * * * * * * * * * * * * * * * Vernal Pool Fairy Shrimp (Branchinecta June Sucker (Chasmistes liorus) Five Tennessee and Cumberland lynchi) * * * * * River Basin Mussels Species: Purple * * * * *
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(4) Unit 1: Jackson County, Oregon. Unit 28 is provided at paragraph (36) of Note: The map provided is for Map of Unit 1 is provided at paragraph this entry. informational purposes only. Map follows: (7)(ii) of this entry. * * * * * * * * * * (5) Unit 2: Jackson County, Oregon. (38) Unit 30: San Luis Obispo County, Salt Creek Tiger Beetle (Cicindela Map of Unit 2 is provided at paragraph California. Map of Unit 30 is provided nevadica lincolniana) (7)(ii) of this entry. at paragraph (39) of this entry. (1) Critical habitat units are depicted (6) Unit 3: Jackson County, Oregon. for Lancaster and Saunders Counties, Map of Unit 3 is provided at paragraph * * * * * Nebraska, on the map below. (7)(ii) of this entry. (40) Unit 31: Santa Barbara County, California. Map of Unit 31 is provided * * * * * * * * * * at paragraph (41) of this entry. Valley Elderberry Longhorn Beetle (8) Unit 5: Shasta County, California. (Desmocerus californicus dimorphus) Map of Unit 5 is provided at paragraph * * * * * (42) Unit 32: Ventura County, California, Sacramento County (13) of this entry. (1) * * * (9) Unit 6: Tehama County, California. California. Map of Unit 32 is provided Map of Unit 6 is provided at paragraph at paragraph (43) of this entry. Note: The map provided is for (13) of this entry. * * * * * informational purposes only. Map follows: (10) Unit 7: Tehama County, Kentucky Cave Shrimp (Palaemonias * * * * * California. Map of Unit 7 is provided at ganteri) (2) * * * paragraph (13) of this entry. * * * * * Note: The map provided is for (11) Unit 8: Tehama and Glenn informational purposes only. Map follows: Counties, California. Map of Unit 8 is Note: The map provided is for provided at paragraph (13) of this entry. informational purposes only. Map follows: * * * * * (12) Unit 9: Butte County, California. * * * * * Oregon Silverspot Butterfly (Speyeria Map of Unit 9 is provided at paragraph Vernal Pool Tadpole Shrimp (Lepidurus zerene hippolyta) (13) of this entry. packardi) * * * * * * * * * * * * * * * Note: The map provided is for (15) Unit 11: Yuba County, California. (4) Unit 1: Shasta County, California. informational purposes only. Map follows: Map of Unit 11 is provided at paragraph Map of Unit 1 is provided at paragraph (16)(ii) of this entry. * * * * * (5)(ii) of this entry. Palos Verdes Blue Butterfly * * * * * * * * * * (Glaucopsyche lygdamus (17) Unit 13: Sacramento County, palosverdesensis) California. Map of Unit 13 is provided (8) Unit 6: Colusa County, California. at paragraph (18)(ii) of this entry. Map of Unit 6 is provided at paragraph * * * The maps provided are for (10) of this entry. informational purposes only. * * * * * (19) Unit 16: Solano County, (9) Unit 7: Yuba County, California. * * * * * California. Map of Unit 16 is provided Map of Unit 7 is provided at paragraph Quino Checkerspot Butterfly at paragraph (21) of this entry. (10) of this entry. (Euphydryas editha quino) (20) Unit 17: Napa County, California. * * * * * * * * * * Map of Unit 17 is provided at paragraph (11) Unit 8: Sacramento County, (6) * * * (21) of this entry. California. Map of Unit 8 is provided at (i) From USGS 1:24,000 quadrangles paragraph (12)(ii) of this entry. Murrieta, Bachelor Mountain, * * * * * Winchester, Sage, and Hemet. Unit 2 (22) Unit 18: San Joaquin County, * * * * * excludes land bounded by the following California. Map of Unit 18 is provided (13) Unit 10: Yolo County, California. Universal Transverse Mercator (UTM) at paragraph (25) of this entry. Map of Unit 10 is provided at paragraph North American Datum of 1983 (23) Unit 19: Contra Costa County, (14)(ii) of this entry. (NAD83) coordinates (E, N): 499546, California. Map of Unit 19 is provided * * * * * 3716748; 499545, 3716748; 499545, at paragraph (25) of this entry. (17) Unit 15: Merced, Madera, and 3716748; 499545, 3716748; 499545, (24) Unit 20: Stanislaus County, Mariposa Counties, California. Unit 15 3716748; 499545, 3716748; 499545, California. Map of Unit 20 is provided excludes land bounded by the following 3716748; 499545, 3716748; 499544, at paragraph (25) of this entry. UTM Zone 10, NAD 83 coordinates 3716748; 499544, 3716748; 499544, * * * * * (E,N): 757175, 4117475; 757117, 3716748; 499544, 3716748; 499544, (26) Unit 21: Stanislaus County, 4117435; 757138, 4117438; 757146, 3716748; 499544, 3716748; 499543, California. Map of Unit 21 is provided 4117439; 757245, 4117516; 757255, 3716748; 499543, 3716748; 499543, at paragraph (28) of this entry. 4117530; returning to 757175, 4117475. 3716748; 499543, 3716748; 499543, (27) Unit 22: Merced County, Map of Unit 15 is provided at paragraph 3716748; 499543, 3716748; 499543, California. Map of Unit 22 is provided (18) of this entry. 3716748; 499542, 3716748; 499542, at paragraph (28) of this entry. * * * * * 3716748; 499542, 3716748; 499542, * * * * * (20) Unit 17: Fresno County, 3716748; 499542, 3716748; 499542, (30) Unit 24: Madera County, California. Map of Unit 17 is provided 3716748; 499542, 3716748; 499541, California. Map of Unit 24 is provided at paragraph (21) of this entry. 3716748; 499541, 3716748; 499541, at paragraph (32) of this entry. * * * * * 3716748; 499541, 3716748; 499541, (31) Unit 25: Madera County, 3716748; 499541, 3716748; 499540, (i) Insects. California. Map of Unit 25 is provided 3716748; 499540, 3716748; 499540, at paragraph (32) of this entry. * * * * * 3716748; 499540, 3716748; 499540, * * * * * Delta Green Ground Beetle (Elaphrus 3716748; 499540, 3716748; 499540, (35) Unit 28: San Benito and viridis) 3716748; 499539, 3716748; 499539, Monterey Counties, California. Map of * * * * * 3716748; 499539, 3716748; 499539,
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3716749; 499539, 3716749; 499539, 3716756; 499520, 3716756; 499520, 3716792; 499488, 3716792; 499488, 3716749; 499538, 3716749; 499538, 3716756; 499519, 3716756; 499519, 3716792; 499488, 3716792; 499488, 3716749; 499538, 3716749; 499538, 3716756; 499519, 3716757; 499519, 3716793; 499488, 3716793; 499488, 3716749; 499538, 3716749; 499538, 3716757; 499519, 3716757; 499519, 3716793; 499488, 3716793; 499488, 3716749; 499538, 3716749; 499537, 3716757; 499519, 3716757; 499519, 3716793; 499488, 3716793; 499487, 3716749; 499537, 3716749; 499537, 3716757; 499518, 3716757; 499518, 3716793; 499487, 3716793; 499487, 3716749; 499537, 3716749; 499537, 3716757; 499518, 3716757; 499518, 3716794; 499487, 3716794; 499487, 3716749; 499537, 3716749; 499537, 3716757; 499518, 3716757; 499518, 3716794; 499487, 3716794; 499487, 3716749; 499536, 3716749; 499536, 3716758; 499518, 3716758; 499518, 3716794; 499487, 3716794; 499487, 3716749; 499536, 3716749; 499536, 3716758; 499518, 3716758; 499517, 3716794; 499487, 3716794; 499487, 3716749; 499536, 3716749; 499536, 3716758; 499517, 3716758; 499517, 3716795; 499487, 3716795; 499486, 3716749; 499535, 3716749; 499535, 3716758; 499517, 3716758; 499517, 3716795; 499486, 3716795; 499486, 3716749; 499535, 3716749; 499535, 3716758; 499517, 3716758; 499517, 3716795; 499486, 3716795; 499486, 3716749; 499535, 3716749; 499535, 3716758; 499517, 3716759; 499516, 3716795; 499486, 3716795; 499486, 3716749; 499535, 3716749; 499534, 3716759; 499516, 3716759; 499516, 3716796; 499486, 3716796; 499486, 3716749; 499534, 3716749; 499534, 3716759; 499516, 3716759; 499516, 3716796; 499486, 3716796; 499486, 3716750; 499534, 3716750; 499534, 3716759; 499516, 3716759; 499516, 3716796; 499486, 3716796; 499486, 3716750; 499534, 3716750; 499534, 3716759; 499516, 3716759; 499516, 3716796; 499485, 3716797; 499485, 3716750; 499533, 3716750; 499533, 3716759; 499515, 3716760; 499515, 3716797; 499485, 3716797; 499485, 3716750; 499533, 3716750; 499533, 3716760; 499515, 3716760; 499515, 3716797; 499485, 3716797; 499485, 3716750; 499533, 3716750; 499533, 3716760; 499515, 3716760; 499515, 3716797; 499485, 3716797; 499485, 3716750; 499533, 3716750; 499532, 3716760; 499515, 3716760; 499515, 3716797; 499485, 3716798; 499485, 3716750; 499532, 3716750; 499532, 3716760; 499514, 3716760; 499514, 3716798; 499485, 3716798; 499485, 3716750; 499532, 3716750; 499532, 3716760; 499514, 3716761; 499514, 3716798; 499485, 3716798; 499484, 3716750; 499532, 3716750; 499532, 3716761; 499514, 3716761; 499514, 3716798; 499484, 3716798; 499484, 3716750; 499531, 3716750; 499531, 3716761; 499514, 3716761; 499514, 3716799; 499484, 3716799; 499484, 3716750; 499531, 3716750; 499531, 3716761; 499514, 3716761; 499514, 3716799; 499484, 3716799; 499484, 3716750; 499531, 3716751; 499531, 3716761; 499513, 3716761; 499513, 3716799; 499484, 3716799; 499484, 3716751; 499531, 3716751; 499530, 3716762; 499513, 3716762; 499513, 3716799; 499484, 3716799; 499484, 3716751; 499530, 3716751; 499530, 3716762; 499513, 3716762; 499513, 3716800; 499484, 3716800; 499484, 3716751; 499530, 3716751; 499530, 3716762; 499513, 3716762; 499513, 3716800; 499484, 3716800; 499483, 3716751; 499530, 3716751; 499530, 3716762; 499513, 3716762; 499512, 3716800; 499483, 3716800; 499483, 3716751; 499529, 3716751; 499529, 3716762; 499512, 3716763; 499512, 3716800; 499483, 3716801; 499483, 3716751; 499529, 3716751; 499529, 3716763; 499512, 3716763; 499512, 3716801; 499483, 3716801; 499483, 3716751; 499529, 3716751; 499529, 3716763; 499512, 3716763; 499512, 3716801; 499483, 3716801; 499483, 3716751; 499529, 3716751; 499528, 3716763; 499512, 3716763; 499512, 3716801; 499483, 3716801; 499483, 3716751; 499528, 3716751; 499528, 3716763; 499512, 3716763; 499511, 3716801; 499483, 3716802; 499483, 3716752; 499528, 3716752; 499528, 3716764; 499511, 3716764; 499511, 3716802; 499483, 3716802; 499482, 3716752; 499528, 3716752; 499528, 3716764; 499511, 3716764; 499511, 3716802; 499482, 3716802; 499482, 3716752; 499527, 3716752; 499527, 3716764; 499511, 3716764; 499511, 3716802; 499482, 3716802; 499482, 3716752; 499527, 3716752; 499527, 3716764; 499511, 3716764; 499511, 3716803; 499482, 3716803; 499477, 3716752; 499527, 3716752; 499527, 3716764; 499511, 3716765; 499511, 3716812; 499477, 3716813; 499453, 3716752; 499527, 3716752; 499526, 3716765; 499510, 3716765; 499508, 3716862; 499453, 3716862; 499453, 3716752; 499526, 3716752; 499526, 3716768; 499493, 3716786; 499493, 3716862; 499444, 3716871; 499353, 3716752; 499526, 3716752; 499526, 3716786; 499492, 3716787; 499492, 3716944; 499347, 3716948; 499248, 3716753; 499526, 3716753; 499526, 3716787; 499492, 3716787; 499492, 3717028; 499067, 3716918; 498635, 3716753; 499525, 3716753; 499525, 3716787; 499492, 3716787; 499492, 3716657; 498635, 3716657; 498634, 3716753; 499525, 3716753; 499525, 3716787; 499492, 3716787; 499492, 3716602; 498629, 3716418; 498795, 3716753; 499525, 3716753; 499525, 3716787; 499492, 3716788; 499492, 3716421; 499116, 3716425; 499299, 3716753; 499525, 3716753; 499525, 3716788; 499491, 3716788; 499491, 3716427; 499334, 3716428; 499415, 3716753; 499524, 3716753; 499524, 3716788; 499491, 3716788; 499491, 3716429; 499415, 3716429; 499806, 3716753; 499524, 3716753; 499524, 3716788; 499491, 3716788; 499491, 3716412; 499810, 3716412; 499814, 3716754; 499524, 3716754; 499524, 3716788; 499491, 3716788; 499491, 3716412; 499816, 3716856; 499816, 3716754; 499524, 3716754; 499523, 3716789; 499491, 3716789; 499491, 3716856; 499809, 3716855; 499684, 3716754; 499523, 3716754; 499523, 3716789; 499491, 3716789; 499490, 3716831; 499675, 3716825; 499659, 3716754; 499523, 3716754; 499523, 3716789; 499490, 3716789; 499490, 3716812; 499602, 3716769; 499564, 3716754; 499523, 3716754; 499523, 3716789; 499490, 3716789; 499490, 3716752; 499564, 3716752; 499564, 3716754; 499523, 3716754; 499522, 3716790; 499490, 3716790; 499490, 3716752; 499564, 3716752; 499564, 3716754; 499522, 3716755; 499522, 3716790; 499490, 3716790; 499490, 3716752; 499564, 3716752; 499564, 3716755; 499522, 3716755; 499522, 3716790; 499490, 3716790; 499490, 3716752; 499563, 3716752; 499563, 3716755; 499522, 3716755; 499522, 3716790; 499489, 3716790; 499489, 3716751; 499563, 3716751; 499563, 3716755; 499521, 3716755; 499521, 3716791; 499489, 3716791; 499489, 3716751; 499563, 3716751; 499563, 3716755; 499521, 3716755; 499521, 3716791; 499489, 3716791; 499489, 3716751; 499563, 3716751; 499562, 3716755; 499521, 3716755; 499521, 3716791; 499489, 3716791; 499489, 3716751; 499562, 3716751; 499562, 3716755; 499521, 3716755; 499521, 3716791; 499489, 3716791; 499489, 3716751; 499562, 3716751; 499562, 3716756; 499520, 3716756; 499520, 3716792; 499489, 3716792; 499489, 3716751; 499562, 3716751; 499562, 3716756; 499520, 3716756; 499520, 3716792; 499489, 3716792; 499488, 3716751; 499561, 3716751; 499561, 3716756; 499520, 3716756; 499520, 3716792; 499488, 3716792; 499488, 3716751; 499561, 3716751; 499561,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18723
3716751; 499561, 3716751; 499561, 3717145; 525454, 3717148; 525454, 3716938; 525405, 3716939; 525406, 3716751; 499561, 3716750; 499560, 3717148; 525449, 3717151; 525449, 3716939; 525406, 3716939; 525407, 3716750; 499560, 3716750; 499560, 3717151; 525445, 3717154; 525445, 3716940; 525408, 3716940; 525408, 3716750; 499560, 3716750; 499560, 3717154; 525440, 3717157; 525440, 3716940; 525409, 3716941; 525409, 3716750; 499560, 3716750; 499560, 3717157; 525436, 3717160; 525436, 3716941; 525410, 3716941; 525410, 3716750; 499559, 3716750; 499559, 3717160; 525431, 3717164; 525431, 3716942; 525411, 3716942; 525411, 3716750; 499559, 3716750; 499559, 3717164; 525427, 3717167; 525427, 3716942; 525412, 3716943; 525412, 3716750; 499559, 3716750; 499559, 3717167; 525423, 3717170; 525423, 3716943; 525413, 3716943; 525414, 3716750; 499559, 3716750; 499558, 3717171; 525419, 3717174; 525418, 3716944; 525414, 3716944; 525415, 3716750; 499558, 3716750; 499558, 3717174; 525414, 3717178; 525414, 3716944; 525415, 3716945; 525416, 3716750; 499558, 3716750; 499558, 3717178; 525410, 3717181; 525410, 3716945; 525416, 3716945; 525417, 3716750; 499558, 3716750; 499558, 3717181; 525406, 3717185; 525406, 3716946; 525418, 3716946; 525418, 3716750; 499557, 3716749; 499557, 3717185; 525402, 3717189; 525402, 3716946; 525419, 3716947; 525419, 3716749; 499557, 3716749; 499557, 3717189; 525398, 3717193; 525398, 3716947; 525420, 3716947; 525420, 3716749; 499557, 3716749; 499557, 3717193; 525395, 3717197; 525394, 3716948; 525421, 3716948; 525421, 3716749; 499556, 3716749; 499556, 3717197; 525391, 3717201; 525391, 3716948; 525422, 3716948; 525423, 3716749; 499556, 3716749; 499556, 3717201; 525387, 3717205; 525387, 3716949; 525423, 3716949; 525424, 3716749; 499556, 3716749; 499556, 3717205; 525384, 3717209; 525383, 3716949; 525424, 3716950; 525425, 3716749; 499556, 3716749; 499555, 3717209; 525380, 3717213; 525380, 3716950; 525425, 3716950; 525426, 3716749; 499555, 3716749; 499555, 3717213; 525377, 3717217; 525376, 3716950; 525427, 3716951; 525427, 3716749; 499555, 3716749; 499555, 3717218; 525373, 3717222; 525373, 3716951; 525428, 3716951; 525428, 3716749; 499555, 3716749; 499555, 3717222; 525370, 3717226; 525370, 3716952; 525429, 3716952; 525430, 3716749; 499554, 3716749; 499554, 3717226; 525367, 3717231; 525366, 3716952; 525430, 3716952; 525431, 3716749; 499554, 3716749; 499554, 3717231; 525363, 3717235; 525363, 3716953; 525431, 3716953; 525432, 3716749; 499554, 3716749; 499554, 3717235; 525360, 3717240; 525360, 3716953; 525432, 3716954; 525433, 3716749; 499554, 3716749; 499553, 3717240; 525357, 3717244; 525357, 3716954; 525434, 3716954; 525434, 3716749; 499553, 3716749; 499553, 3717244; 525354, 3717249; 525354, 3716954; 525435, 3716955; 525435, 3716749; 499553, 3716749; 499553, 3717249; 525351, 3717254; 525255, 3716955; 525436, 3716955; 525436, 3716749; 499553, 3716749; 499552, 3717419; 525269, 3717240; 525299, 3716955; 525437, 3716956; 525438, 3716748; 499552, 3716748; 499552, 3716874; 525328, 3716873; 525366, 3716956; 525438, 3716956; 525439, 3716748; 499552, 3716748; 499552, 3716908; 525367, 3716909; 525367, 3716957; 525439, 3716957; 525440, 3716748; 499552, 3716748; 499552, 3716909; 525368, 3716910; 525368, 3716957; 525441, 3716957; 525441, 3716748; 499551, 3716748; 499551, 3716910; 525369, 3716911; 525369, 3716958; 525442, 3716958; 525442, 3716748; 499551, 3716748; 499551, 3716911; 525370, 3716911; 525370, 3716958; 525443, 3716958; 525444, 3716748; 499551, 3716748; 499551, 3716912; 525371, 3716912; 525371, 3716959; 525444, 3716959; 525445, 3716748; 499550, 3716748; 499550, 3716913; 525372, 3716913; 525372, 3716959; 525445, 3716959; 525446, 3716748; 499550, 3716748; 499550, 3716914; 525372, 3716914; 525373, 3716960; 525447, 3716960; 525447, 3716748; 499550, 3716748; 499550, 3716914; 525373, 3716915; 525374, 3716960; 525448, 3716960; 525448, 3716748; 499550, 3716748; 499549, 3716915; 525374, 3716916; 525375, 3716960; 525449, 3716961; 525449, 3716748; 499549, 3716748; 499549, 3716916; 525375, 3716917; 525376, 3716961; 525450, 3716961; 525450, 3716748; 499549, 3716748; 499549, 3716917; 525376, 3716917; 525377, 3716961; 525451, 3716961; 525451, 3716748; 499549, 3716748; 499549, 3716918; 525377, 3716918; 525378, 3716962; 525452, 3716962; 525452, 3716748; 499548, 3716748; 499548, 3716919; 525378, 3716919; 525379, 3716962; 525453, 3716962; 525453, 3716748; 499548, 3716748; 499548, 3716919; 525379, 3716920; 525380, 3716962; 525454, 3716963; 525455, 3716748; 499548, 3716748; 499548, 3716920; 525380, 3716921; 525381, 3716963; 525455, 3716963; 525456, 3716748; 499547, 3716748; 499547, 3716921; 525381, 3716921; 525382, 3716963; 525456, 3716963; 525457, 3716748; 499547, 3716748; 499547, 3716922; 525382, 3716922; 525383, 3716964; 525457, 3716964; 525458, 3716748; 499547, 3716748; 499547, 3716923; 525383, 3716923; 525384, 3716964; 525458, 3716964; 525459, 3716748; 499547, 3716748. 3716923; 525384, 3716924; 525385, 3716965; 525459, 3716965; 525460, * * * * * 3716924; 525385, 3716925; 525386, 3716965; 525460, 3716965; 525461, (11) * * * 3716925; 525386, 3716925; 525387, 3716965; 525461, 3716966; 525462, (i) From USGS 1:24,000 quadrangles 3716926; 525387, 3716926; 525388, 3716966; 525462, 3716966; 525463, Anza, Butterfly Peak, Blackburn 3716927; 525388, 3716927; 525389, 3716966; 525463, 3716967; 525464, Canyon, and Idyllwild. Unit 7 excludes 3716927; 525389, 3716928; 525390, 3716967; 525464, 3716967; 525465, land bounded by the following 3716928; 525390, 3716929; 525391, 3716967; 525466, 3716968; 525466, Universal Transverse Mercator (UTM) 3716929; 525392, 3716929; 525392, 3716968; 525467, 3716968; 525467, North American Datum of 1983 3716930; 525393, 3716930; 525393, 3716968; 525468, 3716969; 525468, (NAD83) coordinates (E, N): 3716930; 525394, 3716931; 525394, 3716969; 525469, 3716969; 525469, (A) 525336, 3717346; 525538, 3716931; 525395, 3716932; 525395, 3716969; 525470, 3716970; 525470, 3717338; 525526, 3717651; 525245, 3716932; 525396, 3716932; 525396, 3716970; 525471, 3716970; 525471, 3717656; 525259, 3717478; 525275, 3716933; 525397, 3716933; 525397, 3716970; 525472, 3716971; 525472, 3717451; and 3716933; 525398, 3716934; 525398, 3716971; 525473, 3716971; 525473, (B) 525483, 3717132; 525482, 3716934; 525399, 3716935; 525399, 3716971; 525474, 3716972; 525474, 3717132; 525478, 3717134; 525478, 3716935; 525400, 3716935; 525400, 3716972; 525475, 3716972; 525475, 3717134; 525473, 3717137; 525473, 3716936; 525401, 3716936; 525402, 3716972; 525476, 3716973; 525476, 3717137; 525468, 3717139; 525468, 3716936; 525402, 3716937; 525403, 3716973; 525477, 3716973; 525477, 3717139; 525463, 3717142; 525463, 3716937; 525403, 3716937; 525404, 3716974; 525478, 3716974; 525478, 3717142; 525459, 3717145; 525458, 3716938; 525404, 3716938; 525405, 3716974; 525479, 3716974; 525479,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18724 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
3716975; 525480, 3716975; 525480, 3717025; 525538, 3717026; 525538, 3717120; 525508, 3717120; 525503, 3716975; 525481, 3716976; 525481, 3717026; 525539, 3717027; 525539, 3717122; 525503, 3717123; 525498, 3716976; 525482, 3716976; 525482, 3717027; 525539, 3717027; 525540, 3717125; 525497, 3717125; 525493, 3716976; 525483, 3716977; 525483, 3717028; 525540, 3717028; 525540, 3717127; 525492, 3717127; 525488, 3716977; 525484, 3716977; 525484, 3717029; 525541, 3717029; 525541, 3717129; 525487, 3717129; and 3716978; 525485, 3716978; 525485, 3717030; 525541, 3717030; 525542, (C) 525380, 3716871; 525388, 3716978; 525486, 3716979; 525486, 3717031; 525542, 3717031; 525542, 3716870; 525389, 3716878; 525375, 3716979; 525487, 3716979; 525487, 3717032; 525543, 3717032; 525543, 3716878; 525372, 3716871; and 3716979; 525487, 3716980; 525488, 3717033; 525543, 3717033; 525544, (D) 525434, 3716924; 525433, 3716980; 525488, 3716980; 525489, 3717033; 525544, 3717034; 525544, 3716924; 525433, 3716924; 525432, 3716981; 525489, 3716981; 525490, 3717034; 525545, 3717035; 525545, 3716923; 525432, 3716923; 525431, 3716981; 525490, 3716982; 525491, 3717035; 525545, 3717036; 525546, 3716923; 525431, 3716923; 525430, 3716982; 525491, 3716982; 525492, 3717036; 525546, 3717037; 525546, 3716922; 525430, 3716922; 525429, 3716983; 525492, 3716983; 525493, 3717037; 525547, 3717038; 525547, 3716922; 525429, 3716921; 525428, 3716983; 525493, 3716984; 525494, 3717038; 525547, 3717039; 525548, 3716921; 525428, 3716921; 525427, 3716921; 525427, 3716920; 525426, 3716984; 525494, 3716984; 525495, 3717039; 525548, 3717040; 525548, 3716920; 525426, 3716920; 525425, 3716984; 525495, 3716985; 525496, 3717040; 525548, 3717041; 525549, 3716919; 525425, 3716919; 525424, 3716985; 525496, 3716985; 525496, 3717041; 525549, 3717042; 525549, 3716919; 525424, 3716918; 525423, 3716986; 525497, 3716986; 525497, 3717042; 525550, 3717043; 525550, 3716918; 525423, 3716918; 525422, 3716986; 525498, 3716987; 525498, 3717043; 525550, 3717043; 525551, 3716918; 525422, 3716917; 525421, 3716987; 525499, 3716987; 525499, 3717044; 525551, 3717044; 525551, 3716917; 525421, 3716917; 525420, 3716988; 525500, 3716988; 525500, 3717045; 525551, 3717045; 525552, 3716916; 525420, 3716916; 525419, 3716989; 525501, 3716989; 525501, 3717046; 525552, 3717046; 525552, 3716916; 525419, 3716915; 525418, 3716989; 525502, 3716990; 525502, 3717047; 525553, 3717047; 525553, 3716915; 525418, 3716915; 525417, 3716990; 525502, 3716990; 525503, 3717048; 525553, 3717048; 525553, 3716915; 525417, 3716914; 525416, 3716991; 525503, 3716991; 525504, 3717049; 525554, 3717049; 525554, 3716914; 525416, 3716914; 525415, 3716991; 525504, 3716992; 525505, 3717050; 525554, 3717050; 525555, 3716913; 525415, 3716913; 525414, 3716992; 525505, 3716992; 525506, 3717051; 525555, 3717051; 525555, 3716913; 525414, 3716912; 525413, 3716993; 525506, 3716993; 525506, 3717052; 525555, 3717052; 525556, 3716912; 525413, 3716912; 525412, 3716993; 525507, 3716994; 525507, 3717053; 525556, 3717053; 525556, 3716911; 525412, 3716911; 525412, 3716994; 525508, 3716995; 525508, 3717054; 525557, 3717054; 525557, 3716911; 525411, 3716910; 525411, 3716995; 525509, 3716995; 525509, 3717055; 525557, 3717055; 525557, 3716910; 525410, 3716910; 525410, 3716996; 525510, 3716996; 525510, 3717056; 525558, 3717056; 525558, 3716909; 525409, 3716909; 525409, 3716996; 525510, 3716997; 525511, 3717057; 525558, 3717057; 525558, 3716909; 525408, 3716908; 525408, 3716997; 525511, 3716997; 525512, 3717058; 525559, 3717058; 525559, 3716908; 525407, 3716908; 525407, 3716998; 525512, 3716998; 525513, 3717059; 525559, 3717059; 525559, 3716907; 525406, 3716907; 525406, 3716999; 525513, 3716999; 525513, 3717060; 525560, 3717060; 525560, 3716907; 525405, 3716906; 525405, 3716999; 525514, 3717000; 525514, 3717061; 525560, 3717061; 525560, 3716906; 525405, 3716906; 525404, 3717000; 525515, 3717001; 525515, 3717062; 525561, 3717063; 525561, 3716905; 525404, 3716905; 525403, 3717001; 525516, 3717001; 525516, 3717063; 525561, 3717064; 525561, 3716905; 525403, 3716904; 525402, 3717002; 525516, 3717002; 525517, 3717064; 525562, 3717065; 525562, 3716904; 525402, 3716904; 525402, 3717002; 525517, 3717003; 525518, 3717065; 525562, 3717066; 525562, 3716885; 525419, 3716876; 525435, 3717003; 525518, 3717004; 525518, 3717066; 525563, 3717067; 525563, 3716876; 525471, 3716881; 525472, 3717004; 525519, 3717004; 525519, 3717067; 525563, 3717068; 525563, 3716881; 525473, 3716881; 525473, 3717005; 525520, 3717005; 525520, 3717068; 525564, 3717069; 525564, 3716881; 525474, 3716881; 525474, 3717006; 525520, 3717006; 525521, 3717069; 525564, 3717070; 525564, 3716881; 525475, 3716881; 525476, 3717006; 525521, 3717007; 525522, 3717070; 525564, 3717071; 525565, 3716880; 525476, 3716880; 525477, 3717007; 525522, 3717008; 525522, 3717071; 525565, 3717072; 525565, 3716880; 525477, 3716880; 525478, 3717008; 525523, 3717008; 525523, 3717072; 525565, 3717073; 525565, 3716879; 525478, 3716879; 525479, 3717009; 525524, 3717009; 525524, 3717074; 525566, 3717074; 525566, 3716879; 525479, 3716879; 525480, 3717010; 525524, 3717010; 525525, 3717075; 525566, 3717075; 525566, 3716878; 525480, 3716878; 525481, 3717011; 525525, 3717011; 525526, 3717076; 525567, 3717076; 525567, 3716877; 525481, 3716877; 525482, 3717011; 525526, 3717012; 525526, 3717077; 525567, 3717077; 525567, 3716877; 525482, 3716876; 525483, 3717012; 525527, 3717013; 525527, 3717078; 525567, 3717078; 525568, 3716876; 525483, 3716875; 525483, 3717013; 525528, 3717013; 525528, 3717079; 525568, 3717079; 525568, 3716875; 525484, 3716874; 525484, 3717014; 525528, 3717014; 525529, 3717080; 525568, 3717080; 525568, 3716874; 525485, 3716873; 525485, 3717015; 525529, 3717015; 525530, 3717081; 525569, 3717082; 525569, 3716873; 525485, 3716872; 525486, 3717016; 525530, 3717016; 525530, 3717082; 525570, 3717091; 525560, 3716872; 525486, 3716871; 525486, 3717016; 525531, 3717017; 525531, 3717105; 525560, 3717105; 525555, 3716871; 525486, 3716870; 525487, 3717017; 525531, 3717018; 525532, 3717106; 525555, 3717106; 525550, 3716870; 525487, 3716869; 525487, 3717018; 525532, 3717019; 525533, 3717107; 525550, 3717107; 525544, 3716868; 525487, 3716868; 525487, 3717019; 525533, 3717019; 525533, 3717109; 525544, 3717109; 525539, 3716867; 525487, 3716867; 525715, 3717020; 525534, 3717020; 525534, 3717110; 525539, 3717110; 525534, 3716858; 526066, 3716845; 526065, 3717021; 525534, 3717021; 525535, 3717111; 525534, 3717111; 525529, 3716845; 526061, 3716847; 526061, 3717022; 525535, 3717022; 525535, 3717113; 525528, 3717113; 525523, 3716847; 526057, 3716849; 526057, 3717023; 525536, 3717023; 525536, 3717115; 525523, 3717115; 525518, 3716849; 526052, 3716850; 526052, 3717023; 525536, 3717024; 525537, 3717117; 525518, 3717117; 525513, 3716850; 526048, 3716852; 526048, 3717024; 525537, 3717025; 525538, 3717118; 525513, 3717118; 525508, 3716852; 526044, 3716854; 526044,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations 18725
3716854; 526039, 3716856; 526039, 3717069; 525592, 3717068; 525592, 3716994; 525546, 3716994; 525546, 3716856; 526035, 3716858; 526035, 3717068; 525592, 3717067; 525592, 3716993; 525545, 3716993; 525545, 3716858; 526031, 3716860; 526031, 3717066; 525591, 3717066; 525591, 3716992; 525544, 3716992; 525544, 3716860; 526027, 3716862; 526027, 3717065; 525591, 3717065; 525591, 3716992; 525543, 3716991; 525543, 3716863; 526023, 3716865; 526022, 3717064; 525590, 3717063; 525590, 3716991; 525542, 3716990; 525542, 3716865; 526019, 3716867; 526018, 3717063; 525590, 3717062; 525590, 3716990; 525542, 3716989; 525541, 3716867; 526014, 3716869; 526014, 3717062; 525589, 3717061; 525589, 3716989; 525541, 3716988; 525540, 3716870; 526010, 3716872; 526010, 3717060; 525589, 3717060; 525589, 3716988; 525540, 3716987; 525539, 3716872; 526007, 3716875; 526006, 3717059; 525588, 3717059; 525588, 3716987; 525539, 3716986; 525538, 3716875; 526003, 3716877; 526002, 3717058; 525588, 3717057; 525588, 3716986; 525538, 3716986; 525537, 3716877; 525999, 3716880; 525999, 3717057; 525587, 3717056; 525587, 3716985; 525537, 3716985; 525537, 3716880; 525995, 3716883; 525995, 3717056; 525587, 3717055; 525587, 3716984; 525536, 3716984; 525536, 3716883; 525991, 3716885; 525991, 3717055; 525586, 3717054; 525586, 3716983; 525535, 3716983; 525535, 3716886; 525987, 3716888; 525987, 3717053; 525586, 3717053; 525585, 3716982; 525534, 3716982; 525534, 3716888; 525984, 3716891; 525984, 3717052; 525585, 3717052; 525585, 3716982; 525533, 3716981; 525533, 3716891; 525980, 3716894; 525980, 3717051; 525585, 3717050; 525584, 3716981; 525532, 3716980; 525532, 3716894; 525977, 3716897; 525976, 3717050; 525584, 3717049; 525584, 3716980; 525531, 3716979; 525531, 3716897; 525973, 3716901; 525973, 3717049; 525583, 3717048; 525583, 3716979; 525530, 3716979; 525530, 3716901; 525970, 3716904; 525969, 3717047; 525583, 3717047; 525583, 3716978; 525529, 3716978; 525529, 3716904; 525966, 3716907; 525966, 3717046; 525582, 3717046; 525582, 3716977; 525528, 3716977; 525528, 3716907; 525963, 3716910; 525963, 3717045; 525582, 3717045; 525581, 3716976; 525527, 3716976; 525527, 3716910; 525960, 3716914; 525959, 3717044; 525581, 3717043; 525581, 3716976; 525526, 3716975; 525526, 3716914; 525956, 3716917; 525956, 3717043; 525581, 3717042; 525580, 3716975; 525525, 3716974; 525525, 3716917; 525953, 3716921; 525953, 3717042; 525580, 3717041; 525580, 3716974; 525524, 3716974; 525524, 3716921; 525950, 3716924; 525950, 3717041; 525579, 3717040; 525579, 3716973; 525523, 3716973; 525523, 3716924; 525947, 3716928; 525947, 3717039; 525579, 3717039; 525578, 3716972; 525522, 3716972; 525522, 3716928; 525944, 3716931; 525944, 3717038; 525578, 3717038; 525578, 3716971; 525521, 3716971; 525521, 3716932; 525941, 3716935; 525941, 3717037; 525577, 3717037; 525577, 3716971; 525520, 3716970; 525520, 3716935; 525938, 3716939; 525938, 3717036; 525577, 3717036; 525576, 3716970; 525519, 3716969; 525519, 3716939; 525935, 3716943; 525935, 3717035; 525576, 3717034; 525576, 3716969; 525518, 3716969; 525518, 3716943; 525933, 3716947; 525933, 3717034; 525575, 3717033; 525575, 3716968; 525517, 3716968; 525517, 3716947; 525930, 3716951; 525930, 3717033; 525575, 3717032; 525574, 3716967; 525516, 3716967; 525516, 3716951; 525927, 3716954; 525927, 3717032; 525574, 3717031; 525574, 3716967; 525515, 3716966; 525515, 3716955; 525925, 3716958; 525925, 3717031; 525573, 3717030; 525573, 3716966; 525514, 3716966; 525514, 3716959; 525923, 3716962; 525922, 3717029; 525573, 3717029; 525572, 3716965; 525513, 3716965; 525513, 3716963; 525920, 3716967; 525920, 3717028; 525572, 3717028; 525572, 3716964; 525512, 3716964; 525512, 3716967; 525918, 3716971; 525918, 3717027; 525571, 3717027; 525571, 3716964; 525511, 3716963; 525510, 3716971; 525916, 3716975; 525916, 3717026; 525571, 3717026; 525570, 3716963; 525510, 3716963; 525509, 3716975; 525914, 3716978; 525912, 3717025; 525570, 3717024; 525570, 3716962; 525509, 3716962; 525508, 3716981; 525909, 3716985; 525906, 3717024; 525569, 3717023; 525569, 3716961; 525508, 3716961; 525507, 3716989; 525902, 3716992; 525899, 3717023; 525569, 3717022; 525568, 3716961; 525507, 3716960; 525506, 3716996; 525896, 3716999; 525892, 3717022; 525568, 3717021; 525567, 3716960; 525506, 3716960; 525505, 3717003; 525889, 3717006; 525886, 3717021; 525567, 3717020; 525567, 3716959; 525505, 3716959; 525504, 3717010; 525882, 3717013; 525878, 3717020; 525566, 3717019; 525566, 3716959; 525504, 3716958; 525503, 3717016; 525875, 3717019; 525871, 3717019; 525566, 3717018; 525565, 3716958; 525502, 3716957; 525502, 3717023; 525867, 3717026; 525863, 3717018; 525565, 3717017; 525564, 3716957; 525501, 3716957; 525501, 3717029; 525860, 3717031; 525856, 3717016; 525564, 3717016; 525564, 3716956; 525500, 3716956; 525500, 3717034; 525852, 3717037; 525848, 3717015; 525563, 3717015; 525563, 3716956; 525499, 3716955; 525499, 3717040; 525844, 3717042; 525840, 3717014; 525563, 3717014; 525562, 3716955; 525498, 3716955; 525498, 3717045; 525835, 3717047; 525831, 3717013; 525562, 3717013; 525561, 3716954; 525497, 3716954; 525496, 3717050; 525827, 3717052; 525823, 3717012; 525561, 3717012; 525561, 3716954; 525496, 3716953; 525495, 3717055; 525818, 3717057; 525814, 3717011; 525560, 3717011; 525560, 3716953; 525495, 3716953; 525494, 3717059; 525810, 3717061; 525805, 3717010; 525559, 3717010; 525559, 3716952; 525494, 3716952; 525493, 3717063; 525801, 3717065; 525796, 3717009; 525559, 3717009; 525558, 3716952; 525492, 3716951; 525492, 3717067; 525792, 3717068; 525787, 3717008; 525558, 3717008; 525557, 3716951; 525491, 3716951; 525491, 3717070; 525783, 3717072; 525778, 3717007; 525557, 3717007; 525557, 3716950; 525490, 3716950; 525490, 3717073; 525773, 3717074; 525769, 3717006; 525556, 3717006; 525556, 3716950; 525489, 3716950; 525489, 3717076; 525764, 3717077; 525759, 3717005; 525555, 3717005; 525555, 3716949; 525488, 3716949; 525487, 3717078; 525755, 3717079; 525750, 3717004; 525555, 3717004; 525554, 3716949; 525487, 3716948; 525486, 3717080; 525745, 3717081; 525740, 3717003; 525554, 3717003; 525553, 3716948; 525486, 3716948; 525485, 3717082; 525736, 3717083; 525731, 3717002; 525553, 3717002; 525553, 3716947; 525485, 3716947; 525484, 3717083; 525724, 3717084; 525612, 3717001; 525552, 3717001; 525552, 3716947; 525483, 3716946; 525483, 3717098; 525596, 3717085; 525595, 3717000; 525551, 3717000; 525551, 3716946; 525482, 3716946; 525482, 3717076; 525595, 3717075; 525594, 3716999; 525550, 3716999; 525550, 3716946; 525481, 3716945; 525480, 3717074; 525594, 3717073; 525594, 3716998; 525550, 3716998; 525549, 3716945; 525480, 3716945; 525479, 3717073; 525594, 3717072; 525593, 3716997; 525549, 3716997; 525548, 3716944; 525479, 3716944; 525478, 3717071; 525593, 3717071; 525593, 3716996; 525548, 3716996; 525547, 3716944; 525478, 3716944; 525477, 3717070; 525593, 3717069; 525592, 3716995; 525547, 3716995; 525547, 3716943; 525476, 3716943; 525476,
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 18726 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Rules and Regulations
3716943; 525475, 3716943; 525475, 3716084; 524875, 3716082; 525714, (1) * * * The maps provided are for 3716942; 525474, 3716942; 525473, 3716048; 525704, 3716201; 525927, informational purposes only. 3716942; 525473, 3716941; 525472, 3716254; and * * * * * 3716941; 525472, 3716941; 525471, (F) 525777, 3717434; 526121, Hawaiian Picture-Wing Fly (Drosophila 3716941; 525471, 3716940; 525470, 3717419; 526120, 3717641; 525770, ochrobasis) 3716940; 525469, 3716940; 525469, 3717647. 3716940; 525468, 3716939; 525468, (1) * * * The maps provided are for * * * * * informational purposes only. 3716939; 525467, 3716939; 525466, Hine’s Emerald Dragonfly 3716939; 525466, 3716938; 525465, (Somatochlora hineana) * * * * * 3716938; 525465, 3716938; 525464, (1) * * * The maps provided are for Hawaiian Picture-Wing Fly (Drosophila 3716938; 525463, 3716937; 525463, informational purposes only. sharpi) 3716937; 525462, 3716937; 525462, * * * * * (1) * * * The maps provided are for 3716937; 525461, 3716936; 525460, Hawaiian Picture-Wing Fly (Drosophila informational purposes only. 3716936; 525460, 3716936; 525459, aglaia) * * * * * 3716936; 525458, 3716936; 525458, Hawaiian Picture-Wing Fly (Drosophila 3716935; 525457, 3716935; 525457, (1) * * * The maps provided are for substenoptera) 3716935; 525456, 3716935; 525456, informational purposes only. 3716935; 525455, 3716934; 525455, * * * * * (1) * * * The maps provided are for 3716934; 525454, 3716934; 525454, Hawaiian Picture-Wing Fly (Drosophila informational purposes only. 3716934; 525453, 3716934; 525453, differens) * * * * * 3716933; 525452, 3716933; 525452, (1) * * * The map provided is for Hawaiian Picture-Wing Fly (Drosophila 3716933; 525451, 3716933; 525451, informational purposes only. tarphytrichia) 3716932; 525450, 3716932; 525450, * * * * * (1) * * * The maps provided are for 3716932; 525449, 3716932; 525449, Hawaiian Picture-Wing Fly (Drosophila informational purposes only. 3716931; 525448, 3716931; 525448, hemipeza) * * * * * 3716931; 525447, 3716931; 525446, (1) * * * The maps provided are for Zayante Band-Winged Grasshopper 3716931; 525446, 3716930; 525445, informational purposes only. 3716930; 525445, 3716930; 525444, (Trimerotropis infantilis) * * * * * 1. * * * The map provided is for 3716930; 525444, 3716929; 525443, Hawaiian Picture-Wing Fly (Drosophila informational purposes only. 3716929; 525443, 3716929; 525442, heteroneura) 3716929; 525442, 3716928; 525441, * * * * * 3716928; 525441, 3716928; 525440, (1) * * * The maps provided are for informational purposes only. Blackburn’s Sphinx Moth (Manduca 3716928; 525440, 3716927; 525439, blackburni) 3716927; 525439, 3716927; 525438, * * * * * Hawaiian Picture-Wing Fly (Drosophila (1) * * * The maps provided are for 3716927; 525438, 3716926; 525437, informational purposes only. 3716926; 525437, 3716926; 525436, montgomeryi) 3716926; 525436, 3716925; 525435, (1) * * * The maps provided are for * * * * * 3716925; 525435, 3716925; and informational purposes only. Ash Meadows Naucorid (Ambrysus (E) 526091, 3716237; 526123, * * * * * amargosus) 3716234; 526132, 3716233; 526136, Hawaiian Picture-Wing Fly (Drosophila * * * * * 3716233; 526136, 3716292; 526136, mulli) Note: The map provided is for 3716423; 526136, 3716548; 526166, (1) * * * The maps provided are for informational purposes only. Map follows: 3716550; 526362, 3716559; 526366, informational purposes only. * * * * * 3716559; 526374, 3716741; 526380, * * * * * 3716866; 526386, 3716992; 526278, Hawaiian Picture-Wing Fly (Drosophila Laguna Mountains Skipper (Pyrgus 3716986; 526183, 3717080; 526131, musaphilia) ruralis lagunae) 3717037; 526131, 3717037; 526125, (1) * * * The map provided is for (1) * * * The maps provided are for 3717031; 526122, 3716959; 526119, informational purposes only. informational purposes only. 3716866; 526118, 3716843; 526104, * * * * * 3716453; 525716, 3716463; 525596, * * * * * 3716466; 525300, 3716473; 525291, Hawaiian Picture-Wing Fly (Drosophila Dated: March 8, 2018. 3716474; 525289, 3716474; 525223, neoclavisetae) James W. Kurth, 3716474; 525115, 3716474; 525115, (1) * * * The map provided is for Deputy Director, U.S. Fish and Wildlife 3716382; 525115, 3716378; 525076, informational purposes only. Service, Exercising the Authority of the 3716378; 525084, 3716279; 524986, * * * * * Director, U.S. Fish and Wildlife Service. 3716282; 524885, 3716286; 524875, Hawaiian Picture-Wing Fly (Drosophila [FR Doc. 2018–07606 Filed 4–26–18; 8:45 am] 3716286; 524875, 3716101; 524875, obatai) BILLING CODE 4333–15–P
VerDate Sep<11>2014 18:58 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 E:\FR\FM\27APR2.SGM 27APR2 daltland on DSKBBV9HB2PROD with RULES2 i
Reader Aids Federal Register Vol. 83, No. 82 Friday, April 27, 2018
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
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. 457...... 16767 Presidential Documents 3 CFR 900...... 14736 Executive orders and proclamations 741–6000 Proclamations: 905...... 14348, 17615 The United States Government Manual 741–6000 9713...... 14341 915...... 14736 9714...... 14343 Other Services 917...... 14736 9715...... 14345 923...... 14736 741–6020 Electronic and on-line services (voice) 9716...... 14559 925...... 14736 Privacy Act Compilation 741–6050 9717...... 14561 929...... 14350 Public Laws Update Service (numbers, dates, etc.) 741–6043 9718...... 14563 932...... 14736 9719...... 14727 944...... 17615 9720...... 15017 ELECTRONIC RESEARCH 946...... 14736 9721...... 15727 948...... 14736 World Wide Web 9722...... 15729 953...... 14736 9723...... 15937 955...... 14736 Full text of the daily Federal Register, CFR and other publications 9724...... 16183 956...... 14736 is located at: www.fdsys.gov. 9725...... 17075 958...... 14736 Federal Register information and research tools, including Public 9726...... 17285 966...... 14357 Inspection List, indexes, and Code of Federal Regulations are 9727...... 17735 981...... 14738 located at: www.ofr.gov. 9728...... 17899 984...... 14738 Executive Orders: 987...... 14738 E-mail 4601 (Superseded by 993...... 14738 EO 13830)...... 18191 FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 9260 (Superseded by Mailing List) is an open e-mail service that provides subscribers 1c ...... 17595 EO 13830)...... 18191 with a digital form of the Federal Register Table of Contents. The 205...... 16010 13828...... 15941 digital form of the Federal Register Table of Contents includes 319...... 17501, 17503 13829...... 17281 HTML and PDF links to the full text of each document. 905...... 14203 13830...... 18191 929...... 18460, 18462 To join or leave, go to https://public.govdelivery.com/accounts/ Administrative Orders: 932...... 14379 USGPOOFR/subscriber/new, enter your email address, then Memorandums: 981...... 17506 follow the instructions to join, leave, or manage your Memorandum of April 985...... 14766 subscription. 4, 2018 ...... 15289 1051...... 14110 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of April 1206...... 14771 service that notifies subscribers of recently enacted laws. 6, 2018 ...... 16179 Memorandum of April To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 8 CFR 12, 2018 ...... 16761 and select Join or leave the list (or change settings); then follow Notices: 270...... 13826 the instructions. Notice of April 4, 274a...... 13826 FEDREGTOC and PENS are mailing lists only. We cannot 2018 ...... 14731 280...... 13826 respond to specific inquiries. 4 CFR Reference questions. Send questions and comments about the 9 CFR Federal Register system to: [email protected] 21...... 13817 53...... 15491 The Federal Register staff cannot interpret specific documents or 5 CFR 71...... 15491 regulations. 91...... 15491 630...... 15291 93...... 15491 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 890...... 18399 94...... 15491 longer appears in the Federal Register. This information can be 6 CFR 95...... 15491 found online at http://bookstore.gpo.gov/. 98...... 15491 27...... 13826 104...... 15491 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, APRIL Proposed Rules: 5...... 17766 93...... 15756 13817–14172...... 2 17077–17284...... 18 46...... 17595 145...... 15082 14173–14346...... 3 17285–17476...... 19 7 CFR 146...... 15082 14347–14564...... 4 17477–17614...... 20 147...... 15082 14565–14732...... 5 17615–17736...... 23 205...... 14347 215...... 14173 14733–15018...... 6 17737–17898...... 24 227...... 14173 10 CFR 15019–15290...... 9 17899–18194...... 25 246...... 14173 Proposed Rules: 15291–15490...... 10 18195–18398...... 26 247...... 14173 429...... 17944 15491–15726...... 11 18399–18726...... 27 248...... 14173 430...... 17768, 17944 15727–15936...... 12 249...... 14173 431...... 15514 15937–16182...... 13 272...... 14173 712...... 18195 16183–16766...... 16 277...... 14173 745...... 17595 16767–17076...... 17 319...... 14733 1045...... 17710
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11 CFR 986...... 14205 40...... 17913 32...... 15095 987...... 14205 Proposed Rules: 19 CFR 32 CFR 113...... 17509 988...... 14205 989...... 14205 4...... 13826 81...... 15065 12 CFR 990...... 14205 101...... 15498 182...... 14588 25...... 15298 991...... 14205 149...... 15736 185...... 14589 34...... 15019 992...... 14205 215...... 16774 20 CFR 195...... 15298 993...... 14205 285...... 17921 217...... 17477 994...... 14205 404...... 13862 292...... 18219 225...... 15019 995...... 14205 702...... 17287 293...... 18220 228...... 15298 996...... 14205 Proposed Rules: 296...... 18220 303...... 17737 997...... 14205 431...... 17595 298...... 18221 308...... 17737 998...... 14205 299...... 18221 323...... 15019 999...... 14205 21 CFR 518...... 17294 324...... 17616, 17737 Ch. XII...... 14605 510...... 14584 706...... 16198 325...... 17737 1239...... 14781 520...... 14584 734...... 16199 326...... 13839 1273...... 14781 522...... 14584 Proposed Rules: 219...... 17595 327...... 14565, 17737 13 CFR 526...... 14584 333...... 17737 558...... 14584 33 CFR 337...... 17737 Proposed Rules: 890...... 13863 343...... 13843 121...... 18468 900...... 13863 27...... 13826 345...... 15298 124...... 17626 1020...... 13863 100 ...... 14364, 14751, 15065, 347...... 17737 126...... 17626 1040...... 13863 15741, 17078, 17489, 17621, 349...... 17737 1308...... 17486 17751, 18221, 18223 14 CFR 110...... 18412 360...... 17737 Proposed Rules: 25 ...... 14360, 15301, 15304, 117 ...... 13865, 13866, 13867, 362...... 17737 73...... 15089 17744 14365, 14367, 15067, 15315, 363...... 17737 101...... 17961 27...... 15945 15316, 15743, 16774, 16775, 364...... 17737 1303...... 17329 365...... 17737 29...... 17077 16776, 17492, 17493, 17623, 390...... 13843, 17737 39 ...... 14568, 14741, 14743, 22 CFR 17921, 18225, 18226, 18414, 15036, 15038, 15041, 15043, 18415 391...... 13839 172...... 17488 15045, 15048, 15310, 15313, 165 ...... 14367, 14589, 14752, 702...... 17901 193...... 15740 740...... 17910 15495, 15731, 15733, 16185, 15499, 15948, 15950, 15952, Proposed Rules: 741...... 14741 16188, 16191, 16194, 16768, 16778, 16780, 17078, 17295, 225...... 17595 Proposed Rules: 17478 , 17617, 17746, 17493, 17494, 17754, 18227, 6...... 17317 18208 23 CFR 18415 71 ...... 14574, 14576, 14580, 334...... 16783 208...... 17317 Proposed Rules: 217...... 17317, 18160 14745, 15050, 17480 Proposed Rules: 73...... 14174 658...... 15524 100 ...... 14219, 14381, 15096, 225...... 18160 790...... 16262 252...... 17317, 18160 95...... 18401 15099, 16808, 17333 303...... 15327 97 ...... 15051, 15052, 17481, 24 CFR 110...... 18491 325...... 13880 17483 165 ...... 14226, 14384, 14801, Proposed Rules: 333...... 15327 Proposed Rules: 16265, 16267, 16811, 16815, 60...... 17595 390...... 15327 39 ...... 13883, 13885, 14207, 16817, 17121, 17336, 17341, 900...... 14205 14606, 15517, 15519, 16010, 25 CFR 17513, 17962, 18241 906...... 14205 16013, 16015, 16243, 16245, Proposed Rules: 34 CFR 956...... 14205 16248, 16251, 16787, 16792, 30...... 16806 957...... 14205 16794, 16796, 16799, 17510, 75...... 18419 958...... 14205 18343, 18345, 18348 26 CFR 77...... 18419 959...... 14205 71 ...... 14608, 14610, 14785, Proposed Rules: 960...... 14205 15521, 16256, 16258, 16259, 1...... 14175 Ch. II ...... 17516 961...... 14205 16261, 16802, 16804, 17327, 27 CFR 97...... 17595 962...... 14205 17512, 18237 37 CFR 963...... 14205 135...... 15332 9...... 14745 964...... 14205 1230...... 17595 Proposed Rules: 401...... 15954 965...... 14205 9 ...... 14787, 14791, 14795, 404...... 15954 966...... 14205 15 CFR 15091 Proposed Rules: 30...... 17749 202...... 16269 967...... 14205 28 CFR 968...... 14205 738...... 13849 38 CFR 969...... 14205 740...... 13849 16...... 14749 745...... 13849 4 ...... 15068, 15316, 17756 970...... 14205 29 CFR 971...... 14205 774...... 13849, 14580 8...... 18421 972...... 14205 2008...... 15054 1926...... 15499 Proposed Rules: 973...... 14205 Proposed Rules: 4022...... 15946 1...... 14613 974...... 14205 27...... 17595 Proposed Rules: 3...... 14803 975...... 14205 21...... 17595 5...... 14803 976...... 14205 16 CFR 9...... 18491 30 CFR 977...... 14205 Ch. II ...... 18219 16...... 17595 978...... 14205 305...... 14583 56...... 15055, 17293 17...... 14804, 17777 979...... 14205 Proposed Rules: 57...... 15055, 17293 39 CFR 980...... 14205 312...... 14611 901...... 18409 981...... 14205 410...... 17117 20...... 17921 31 CFR 982...... 14205 1028...... 17595 111...... 14369, 17922 983...... 14205 148...... 17619 3020...... 18422 984...... 14205 18 CFR Proposed Rules: Proposed Rules: 985...... 14205 35...... 18134 30...... 15095 111...... 17518
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40 CFR 155...... 16930 833...... 14826 1132...... 15075, 16786 50...... 17226 156...... 16930 844...... 14833 1133...... 15075, 16786 52 ...... 13867, 13869, 13871, 157...... 16930 845...... 14833 1135...... 15075, 16786 13872, 13875, 14175, 14179, 158...... 16930 852...... 14826 1141...... 15075, 16786 14373, 14591, 14754, 14757, 1603...... 16785, 17086 871...... 14826 1144...... 15075, 16786 14759, 14762, 15074, 15744, Proposed Rules: 1009...... 15502 1146...... 15075, 16786 15746, 16200, 17081, 18429 46...... 17595 1052...... 15502 1147...... 15075, 16786 60...... 15964 690...... 17595 2402...... 15101 1150...... 15075, 16786 61...... 15964 1355...... 18257 2416...... 15101 1152...... 15075, 16786 2437...... 15101 1155...... 15075, 16786 62 ...... 13878, 17757, 17923 47 CFR 63...... 15964 2442...... 15101 1177...... 15075, 16786 70...... 14762 0...... 17931 2452...... 15101 1180...... 15075, 16786 81...... 14373, 14597 1...... 17931, 18441 1182...... 15075, 16786 49 CFR 82...... 18431 2...... 15754 1184...... 15075, 16786 86...... 18436 9...... 17933 243...... 18455 1185...... 15075, 16786 147...... 17758 20...... 17088 370...... 16210 1200...... 15075, 16786 180 ...... 15748, 15971, 15977, 43...... 17931 371...... 16210 1220...... 15075, 16786 16200, 17496, 17498, 17925 51...... 14185 373...... 16210 1242...... 15075, 16786 272...... 18436 54 ...... 14185, 15502, 15982, 375...... 16210 1243...... 15075, 16786 770...... 14375 17934, 18454 376...... 16210 1244...... 15075, 16786 63...... 17931 Proposed Rules: 378...... 16210 1245...... 15075, 16786 26...... 17595 69...... 14185 379...... 16210 1246...... 15075, 16786 52 ...... 14386, 14389, 14807, 73...... 18441 380...... 16210 1247...... 15075, 16786 15336, 15343, 15526, 16017, 74...... 18441 382...... 16210 1248...... 15075, 16786 16021, 16276, 16279, 17123, Proposed Rules: 387...... 16210 1253...... 15075, 16786 17349, 17627, 17964, 18243, 1 ...... 13888, 14395, 15531 390...... 16210 1305...... 15075, 16786 18248, 18255, 18494, 18496, 2...... 13888 391...... 16210 1310...... 15075, 16786 18499 5...... 13888 395...... 16210 1312...... 15075, 16786 60...... 15458, 16027 10...... 18257 396...... 16210 1313...... 15075, 16786 61...... 16027 15...... 13888 398...... 16210 1319...... 15075, 16786 62...... 14232 20...... 17131 571...... 17091 1331...... 15075, 16786 63 ...... 14984, 15458, 16027 54...... 17968 Ch. X...... 17299 1333...... 15075, 16786 81...... 16021 64...... 17631 1001...... 15075, 16786 1503...... 13826 180...... 15528 73...... 13903, 15531 1003...... 15075, 16786 Proposed Rules: 272...... 18499 101...... 13888 1004...... 15075, 16786 11...... 17595 1005...... 15075, 16786 571...... 16280 700...... 17782 48 CFR 720...... 17782 1007...... 15075, 16786 578...... 13904 723...... 17782 202...... 15994 1011...... 15075, 16786 725...... 17782 207...... 15995 1012...... 15075, 16786 50 CFR 790...... 17782 210...... 15995 1013...... 15075, 16786 791...... 17782 211...... 15996 1016...... 15075, 16786 17 ...... 14189, 14198, 14958, 212...... 16001 1018...... 15075, 16786 16228, 17093, 18698 42 CFR 213...... 16001 1019...... 15075, 16786 23...... 15503 405...... 16440 215...... 15996 1033...... 15075, 16786 300...... 15503, 17762 417...... 16440 219 ...... 15995, 15996, 16001 1034...... 15075, 16786 622 ...... 14202, 17623, 17942 422...... 16440 225...... 16003, 18454 1035...... 15075, 16786 635...... 17110, 18230 423...... 16440 237 ...... 16001, 16004, 17762 1037...... 15075, 16786 648 ...... 15240, 15511, 15754, 438...... 18441 239...... 15994 1090...... 15075, 16786 17300, 17314 460...... 16440 242...... 15996 1100...... 15075, 16786 660...... 16005, 18233 498...... 16440 252 ...... 15996, 16001, 18454 1101...... 15075, 16786 679 ...... 14603, 15324, 15325, Proposed Rules: 801...... 16206 1103...... 15075, 16786 15755, 16008, 17114, 18235 88...... 17783 802...... 16206 1104...... 15075, 16786 Proposed Rules: 100...... 14391 803...... 16206 1105...... 15075, 16786 17 ...... 13919, 14836, 15758, 812...... 16206 1106...... 15075, 16786 15900, 16819 44 CFR 814...... 16206 1108...... 15075, 16786 20...... 17987 64...... 14376 822...... 16206 1110...... 15075, 16786 21...... 17987 67...... 17930 829...... 17979 1112...... 15075, 16786 217...... 16027 846...... 17979 1113...... 15075, 16786 218...... 15117 45 CFR 847...... 17979 1114...... 15075, 16786 622 ...... 14234, 14400, 16282 5b...... 14183 852...... 16206, 17979 1116...... 15075, 16786 648 ...... 14236, 15535, 15780 147...... 16930 870...... 17979 1117...... 15075, 16786 660...... 18259 153...... 16930 Proposed Rules: 1119...... 15075, 16786 665...... 18260 154...... 16930 831...... 14826 1120...... 15075, 16786 679...... 15538
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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 April 25, 2018 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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