Vol. 83 Tuesday, No. 64 April 3, 2018

Pages 14173–14346

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 64

Tuesday, April 3, 2018

Agricultural Marketing Service Education Department PROPOSED RULES NOTICES Oranges, Grapefruit, Tangerines, and Pummelos Grown in Agency Information Collection Activities; Proposals, Florida: Submissions, and Approvals: Increased Assessment Rate, 14203–14205 Pre-Authorized Debit Account Brochure and Application, 14266 Opportunity Scholarship Program; Final Waiver and Agriculture Department Extension of Project Period, 14265–14266 See Agricultural Marketing Service See Food and Nutrition Service Employee Benefits Security Administration See Forest Service See Rural Utilities Service NOTICES NOTICES Exemptions from Certain Prohibited Transaction Privacy Act; Systems of Records, 14238–14240 Restrictions, 14320–14337

Energy Department Census Bureau See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals: RULES Data Collection Form for Reporting on Audits of States, Air Quality State Implementation Plans; Approvals and Local Governments, Indian Tribes, Institutions of Promulgations: Higher Education, and Non-Profit Organizations, District of Columbia; Interstate Transport Requirements 14251–14252 for 2010 1-Hour Sulfur Dioxide Standard, 14175– Meetings: 14178 National Advisory Committee, 14250–14251 Nebraska; Infrastructure SIP Requirements for 2010 Nitrogen Dioxide and Sulfur Dioxide and 2012 Fine Children and Families Administration Particulate Matter National Ambient Air Quality NOTICES Standards, 14179–14182 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Air Quality State Implementation Plans; Approvals and Study of Coaching Practices in Early Care and Education Promulgations: Settings, 14281–14282 Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants, 14232–14234 Coast Guard NOTICES PROPOSED RULES Clean Air Act Operating Permit Program: Safety Zones: Petitions for Objection to State Operating Permit for Coast Guard Sector Ohio Valley Annual and Recurring Superior Silica Sands and Wisconsin Proppants, Safety Zones Update, 14226–14232 LLC, 14271–14272 Special Local Regulations: Cross-Media Electronic Reporting: Sector Ohio Valley Annual, 14219–14226 Authorized Program Revision Approval, State of NOTICES California, 14272 Requests for Applications: National Maritime Security Advisory Committee; Federal Aviation Administration Vacancies, 14282–14283 RULES Amendment of Restricted Areas: Commerce Department R–2907C; Lake George, FL, R–2910B, R–2910C, and R See Census Bureau 2910E; Pinecastle, FL, 14174–14175 See Industry and Security Bureau PROPOSED RULES See International Trade Administration Airworthiness Directives: See National Oceanic and Atmospheric Administration The Boeing Company Airplanes, 14207–14219 NOTICES Agency Information Collection Activities; Proposals, Comptroller of the Currency Submissions, and Approvals: NOTICES Air Taxi and Commercial Operator Airport Activity Agency Information Collection Activities; Proposals, Survey, 14310–14311 Submissions, and Approvals: Aviation Maintenance Technician School, 14309–14310 Loans in Areas Having Special Flood Hazards, 14314– Special Awareness Training for Washington, D.C. 14316 Metropolitan Area, 14310 Release of Non-Public Information, 14313–14314 Petitions for Exemptions: Subordinated Debt Licensing Requirements, 14316–14317 Neptune Aviation Transport Services, Inc., 14308–14309

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Federal Bureau of Investigation Food and Nutrition Service NOTICES RULES Meetings: Uniform Administrative Requirements, Cost Principles, and Criminal Justice Information Services Advisory Policy Audit Requirements for Federal Awards; Correction, Board, 14296 14173–14174 NOTICES Special Supplemental Nutrition Program for Women, Federal Communications Commission Infants and Children: RULES 2018/2019 Income Eligibility Guidelines, 14240–14243 Developing Unified Intercarrier Compensation Regime, 14185–14189 Foreign Assets Control Office NOTICES Federal Energy Regulatory Commission Blocking or Unblocking of Persons and Properties, 14317– NOTICES 14318 Combined Filings, 14266–14267, 14270–14271 Initial Market-Based Rate Filings Including Requests for Forest Service Blanket Section 204 Authorizations: NOTICES Camilla Solar Energy, LLC, 14268 Environmental Impact Statements; Availability, etc.: Eagle’s View Partners, Ltd., 14268 Black Hills National Forest Advisory BoardGrand Mesa, Meadow Lake Wind Farm VI, LLC, 14269 Uncompahgre and Gunnison National Forests; Prairie Queen Wind Farm, LLC, 14268–14269 Colorado; Revision of Land and Resource Turtle Creek Wind Farm, LLC, 14269 Management Plan for Grand Mesa, Uncompahgre and Meetings: Gunnison National Forests, 14243–14245 Reform of Affected System Coordination in Generator Meetings: Interconnection Process; EDF Renewable Energy, Inc. Black Hills National Forest Advisory Board, 14245 v. Midcontinent Independent System Operator, Inc., Siskiyou Resource Advisory Committee, 14243 et al.; Technical Conference, 14270 Health and Human Services Department See Children and Families Administration Federal Housing Finance Agency See National Institutes of Health PROPOSED RULES RULES Repeal of Federal Housing Finance Board Regulations, Privacy Act; Implementation, 14183–14185 14205–14207 Homeland Security Department Federal Reserve System See Coast Guard NOTICES Formations of, Acquisitions by, and Mergers of Bank Industry and Security Bureau Holding Companies, 14272–14273 NOTICES Meetings: Information Systems Technical Advisory Committee, Federal Trade Commission 14252 NOTICES Agency Information Collection Activities; Proposals, Interior Department Submissions, and Approvals, 14273–14281 See Fish and Wildlife Service See Land Management Bureau Fish and Wildlife Service See Ocean Energy Management Bureau RULES Endangered and Threatened Species: Internal Revenue Service Designation of Critical Habitat for Dakota Skipper and RULES Poweshiek Skipperling; Correction, 14198–14202 Arbitrage Guidance for Tax-Exempt Bonds; Correction, Threatened Species Status for Yellow Lance, 14189– 14175 14198 NOTICES International Trade Administration Endangered and Threatened Species: NOTICES Technical/Agency Draft Recovery Plan for Cumberland Antidumping or Countervailing Duty Investigations, Orders, Darter, 14289–14290 or Reviews: Environmental Assessments; Availability, etc.: Citric Acid and Certain Citrate Salts from Canada, 14263– Draft Habitat Conservation Plan for Olympia Subspecies 14264 of Mazama Pocket Gopher and Oregon Spotted Frog, Laminated Woven Sacks from Socialist Republic of Thurston County, WA, 14285–14286 Vietnam, 14253–14257 Proposed Safe Harbor Agreement for Spikedace, Loach Stainless Steel Bar from Spain, 14252–14253 Minnow, and Gila Chub; Eagle Creek and Lower San Determinations of Less-Than-Fair-Value Investigations: Francisco River in Greenlee and Graham Counties, Common Alloy Aluminum Sheet from the People’s AZ, 14287–14289 Republic of China, 14262–14263 Permit Applications: Initiations of Less-Than-Fair-Value Investigations: Endangered Species, 14283–14284 Laminated Woven Sacks from Socialist Republic of Foreign Endangered Species, 14286–14287 Vietnam, 14257–14262

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International Trade Commission Meetings; Sunshine Act, 14298 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Ocean Energy Management Bureau or Reviews: NOTICES Glycine from China, India, Japan, and Thailand, 14291– Oil and Gas Lease Sales: 14292 Gulf of Mexico Outer Continental Shelf Oil and Gas Steel Wheels from China, 14295–14296 Region-wide Lease Sale 251, 14291 Complaints: Certain Modular LED Display Panels, 14292–14293 Pipeline and Hazardous Materials Safety Administration Certain Strontium-Rubidium Radioisotope Infusion NOTICES Systems, and Components Thereof Including Agency Information Collection Activities; Proposals, Generators, 14294–14295 Submissions, and Approvals: Hazardous Materials, 14311–14312 Justice Department See Federal Bureau of Investigation Postal Service NOTICES NOTICES Proposed Consent Decrees: Meetings; Sunshine Act, 14299 Clean Water Act, 14296–14297 Presidential Documents Labor Department PROCLAMATIONS See Employee Benefits Security Administration Special Observances: Cancer Control Month (Proc. 9713), 14339–14342 Land Management Bureau National Child Abuse Prevention Month (Proc. 9714), NOTICES 14343–14344 Meetings: National Donate Life Month (Proc. 9715), 14345–14346 Coeur d’Alene District Resource Advisory Council, Idaho, 14290–14291 Rural Utilities Service NOTICES National Aeronautics and Space Administration Grant Application Deadlines and Funding Levels, 14245– NOTICES 14250 Intents to Grant Exclusive Term Licenses, 14297 Partially Exclusive Term License Approvals, 14297 Securities and Exchange Commission NOTICES National Institutes of Health Applications: NOTICES Aquila Funds Trust, et al., 14299–14300 Meetings: Self-Regulatory Organizations; Proposed Rule Changes: National Institute of Neurological Disorders and Stroke, BOX Options Exchange, LLC, 14304–14305 14282 ICE Clear Credit, LLC, 14300–14302 Nasdaq ISE, LLC, 14302–14304 National Oceanic and Atmospheric Administration RULES Small Business Administration Fisheries of the Caribbean, Gulf of Mexico, and South NOTICES Atlantic: Disaster Declarations: Gulf of Mexico Greater Amberjack; Commercial New York, 14306 Accountability Measure and Closure, 14202 Pennsylvania, 14305–14306 PROPOSED RULES Interest Rates, 14306 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Social Security Administration Snapper-Grouper Fishery of South Atlantic Region; NOTICES Abbreviated Framework Amendment 1, 14234–14236 Agency Information Collection Activities; Proposals, Northeast Multispecies Fishery Management Plan: Submissions, and Approvals, 14306–14308 Control Date for Northeast Multispecies Charter/Party Fishery; Correction, 14236–14237 Transportation Department NOTICES See Federal Aviation Administration Meetings: See Pipeline and Hazardous Materials Safety Fisheries of South Atlantic; South Atlantic Fishery Administration Management Council, 14264 See Transportation Statistics Bureau Pacific Fishery Management Council, 14264–14265 Transportation Statistics Bureau Nuclear Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Advisory Committee on Reactor Safeguards Report of Financial and Operating Statistics for Large Subcommittee on Radiation Protection and Nuclear Certificated Air Carriers, 14312–14313 Materials, 14298–14299 Advisory Committee on Reactor Safeguards Treasury Department Subcommittee on Reliability and Probabilistic Risk See Comptroller of the Currency Assessment, 14297–14298 See Foreign Assets Control Office

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See Internal Revenue Service

Reader Aids Separate Parts In This Issue Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice Part II of recently enacted public laws. Labor Department, Employee Benefits Security To subscribe to the Federal Register Table of Contents Administration, 14320–14337 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Part III address, then follow the instructions to join, leave, or Presidential Documents, 14339–14346 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 40 CFR Proclamations: 52 (2 documents) ...... 14175, 9713...... 14341 14179 9714...... 14343 Proposed Rules: 9715...... 14345 62...... 14232 7 CFR 45 CFR 215...... 14173 5b...... 14183 227...... 14173 246...... 14173 47 CFR 247...... 14173 51...... 14185 248...... 14173 54...... 14185 249...... 14173 69...... 14185 272...... 14173 50 CFR 277...... 14173 17 (2 documents) ...... 14189, Proposed Rules: 14198 905...... 14203 622...... 14202 12 CFR Proposed Rules: Proposed Rules: 622...... 14234 648...... 14236 900...... 14205 906...... 14205 956...... 14205 957...... 14205 958...... 14205 959...... 14205 960...... 14205 961...... 14205 962...... 14205 963...... 14205 964...... 14205 965...... 14205 966...... 14205 967...... 14205 968...... 14205 969...... 14205 970...... 14205 971...... 14205 972...... 14205 973...... 14205 974...... 14205 975...... 14205 976...... 14205 977...... 14205 978...... 14205 979...... 14205 980...... 14205 981...... 14205 982...... 14205 983...... 14205 984...... 14205 985...... 14205 986...... 14205 987...... 14205 988...... 14205 989...... 14205 990...... 14205 991...... 14205 992...... 14205 993...... 14205 994...... 14205 995...... 14205 996...... 14205 997...... 14205 998...... 14205 999...... 14205 14 CFR 73...... 14174 Proposed Rules: 39...... 14207 26 CFR 1...... 14175 33 CFR Proposed Rules: 100...... 14219 165...... 14226

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Rules and Regulations Federal Register Vol. 83, No. 64

Tuesday, April 3, 2018

This section of the FEDERAL REGISTER FR 78589). OMB’s final guidance at 2 § 246.17 [Amended] contains regulatory documents having general CFR part 200 followed a Notice of ■ 7. In § 246.17(c)(5), remove the word applicability and legal effect, most of which Proposed Guidance issued February 1, ‘‘resonsible’’ and add in its place the are keyed to and codified in the Code of 2013 (78 FR 7282), and an Advanced word ‘‘responsible’’. Federal Regulations, which is published under Notice of Proposed Guidance issued 50 titles pursuant to 44 U.S.C. 1510. ■ 8. In § 246.20, revise paragraph (b)(1) February 28, 2012 (77 FR 11778). to read as follows: The Code of Federal Regulations is sold by List of Subjects the Superintendent of Documents. § 246.20 Audits. 7 CFR Part 215 and 227 * * * * * (b) * * * DEPARTMENT OF AGRICULTURE Grant programs-education, Grant (1) State agencies must obtain annual programs-health. audits in accordance with 2 CFR part Food and Nutrition Service 7 CFR Parts 246 and 247 200, subpart F, and appendix XI, Compliance Supplement, and USDA 7 CFR Parts 215, 227, 246, 247, 248, Grant programs-health, Grant implanting regulations 2 CFR parts 400 249, 272, and 277 programs-social programs. and 415. In addition, States must RIN 0584–AE42 7 CFR Parts 248, 249, 272, and 277 require local agencies under their jurisdiction to obtain audits in Food and Nutrition Service Regulatory Grant programs-social programs. accordance with 2 CFR part 200, subpart Implementation of Office of Accordingly, 7 CFR parts 215, 227, F, and appendix XI, Compliance Management and Budget’s Uniform 246, 247, 248, 249, 272, and 277 are Supplement, and USDA implementing Administrative Requirements, Cost amended as follows: regulations 2 CFR parts 400 and 415. Principles, and Audit Requirements for * * * * * Federal Awards; Correction PART 215—SPECIAL MILK PROGRAM FOR CHILDREN PART 247—COMMODITY AGENCY: Food and Nutrition Service SUPPLEMENTAL FOOD PROGRAM (FNS), USDA. ■ 1. The authority citation for 7 CFR ■ ACTION: Correcting amendment. part 215 continues to read as follows: 9. The authority citation for 7 CFR part 247 continues to read as follows: SUMMARY: This document contains Authority: 42 U.S.C. 1772 and 1779. technical corrections to the Code of Authority: Sec. 5, Pub. L. 93–86, 87 Stat. § 215.11 [Amended] 249, as added by Sec. 1304(b)(2), Pub. L. 95– Federal Regulations regarding the Final 113, 91 Stat. 980 (7 U.S.C. 612c note); sec. rule published in the Federal Register ■ 2. In § 215.11(b)(2), remove the words 1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. on September 28, 2016, ‘‘Food and ‘‘cla, aiming’’ and add in its place the 612c note); sec. 209, Pub. L. 98–8, 97 Stat. Nutrition Service Regulatory word ‘‘claiming’’. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98– Implementation of Office of 92, 97 Stat. 611 (7 U.S.C. 612c note); sec. Management and Budget’s Uniform PART 227—NUTRITION EDUCATION 1562, Pub. L. 99–198, 99 Stat. 1590 (7 U.S.C. Administrative Requirements, Cost AND TRAINING PROGRAM 612c note); sec. 101(k), Pub. L. 100–202; sec. Principles, and Audit Requirements for 1771(a), Pub. L. 101–624, 101 Stat. 3806 (7 ■ 3. The authority citation for 7 CFR U.S.C. 612c note); sec 402(a), Pub. L. 104– Federal Awards.’’ 127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. DATES: This document is effective April part 227 continues to read as follows: 4201, Pub. L. 107–171, 116 Stat. 134 (7 U.S.C. 3, 2018. Authority: Sec. 15, Pub. L. 95–166, 91 7901 note); sec. 4221, Pub. L. 110–246, 122 FOR FURTHER INFORMATION CONTACT: Lael Stat. 1340 (42 U.S.C. 1788), unless otherwise Stat. 1886 (7 U.S.C. 612c note); sec. 4221, Lubing, Food and Nutrition Service, noted. Pub. L. 113–79, 7 U.S.C. 612c note). Financial Management, Grants Division, § 227.35 [Amended] § 247.25 [Amended] 3101 Park Center Drive, Room 732, ■ ■ 10. In § 247.25: Alexandria, VA, (703) 305–2161 or 4. In § 227.35(h) remove the word ■ ‘‘communty’’ and add in its place the a. In paragraph (d): [email protected]. ■ i. Remove the words ‘‘parts 3016 and word ‘‘community’’. SUPPLEMENTARY INFORMATION: The Food 3019 of this title’’ and add in their place and Nutrition Service published a final PART 246—SPECIAL SUPPLEMENTAL the words ‘‘2 CFR part 200, subpart E, rule on September 28, 2016, (81 FR NUTRITION PROGRAM FOR WOMEN, and USDA implementing regulations 2 66487), which amends FNS regulations INFANTS AND CHILDREN CFR parts 400 and 415, which set out to implement the Department of the principles for determining whether Agriculture final guidance of USDA- ■ 5. The authority citation for 7 CFR specific costs are allowable’’. specific requirements at 2 CFR part 400 ■ part 246 continues to read as follows: ii. Remove the words ‘‘part 3016 of on December 19, 2014 (79 FR 75871). this title’’ and add in their place the Prior to that, on December 26, 2013, the Authority: 42 U.S.C. 1786. words ‘‘2 CFR part 200, subpart E, and Office of Management and Budget ■ 6. In § 246.13, revise the section USDA implementing regulations 2 CFR (OMB) published ‘‘Uniform heading to read as follows: parts 400 and 415’’. Administrative Requirements, Cost ■ iii. Remove the words ‘‘part 3019 of Principles, and Audit Requirements for § 246.13 Financial management system. this title’’ and add in their place the Federal Awards’’ in 2 CFR part 200 (78 * * * * * words ‘‘2 CFR part 200, subpart E, and

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USDA implementing regulations 2 CFR place the words ‘‘2 CFR part 200, § 277.9 [Amended] parts 400 and 415’’. subpart E, and USDA implementing ■ 22. In § 277.9(c)(2), remove the words ■ b. In paragraph (e), remove the words regulations 2 CFR parts 400 and 415’’. ‘‘this part and 2 CFR part 200, subpart ‘‘part 3016 of this title’’ and add in their § 249.12 [Amended] E and USDA implementing regulations place the words ‘‘2 CFR part 200, 2 CFR part 400 and part 415’’ and add subpart E, and USDA implementing ■ 17. In § 249.12: in their place the words ‘‘2 CFR part ■ regulations 2 CFR parts 400 and 415’’. a. In paragraph (a)(1) introductory 200, subpart E, and USDA ■ 11. In § 247.27(a), revise the first text, remove the words ‘‘2 CFR part 200, implementing regulations 2 CFR parts sentence to read as follows: subpart E and USDA implementing 400 and 415’’. regulations 2 CFR part 400 and part 415 § 247.27 Financial management. and this part’’ and add in their place the § 277.13 [Amended] (a) * * * State and local public words ‘‘2 CFR part 200, subpart E, and ■ 23. In § 277.13(f), remove the word agencies, as well as nonprofit USDA implementing regulations 2 CFR ‘‘Excecutive’’ and add in its place the organizations, must maintain a financial parts 400 and 415’’. word ‘‘Executive’’. management system that complies with ■ b. In paragraph (a)(2), remove the the Federal regulations contained in 2 words ‘‘part 3016.22 of this title’’ and ‘‘2 § 277.17 [Amended] CFR part 200, subparts D and E, and CFR part 200, subpart E and USDA ■ 24. In § 277.17(d)(2)(viii), remove the USDA implementing regulations 2 CFR implementing regulations 2 CFR part word ‘‘by2 CFR part 200, subpart D and parts 400 and 415. * * * 400 and part 415’’ and add in their place USDA implementing regulations 2 CFR * * * * * the words ‘‘2 CFR part 200, subpart E, part 400 and part 415’’ and add in their and USDA implementing regulations 2 § 247.32 [Amended] place the words ‘‘by 2 CFR part 200, CFR parts 400 and 415’’. subpart D, and USDA implementing ■ 12. In § 247.32: regulations 2 CFR parts 400 and 415’’. ■ a. In paragraph (a) introductory text, § 249.21 [Amended] remove the words ‘‘part 3016 of this ■ 18. In § 249.21: Dated: March 12, 2018. title’’ and add in their place the words ■ a. In paragraph (a), remove the words Brandon Lipps, ‘‘2 CFR part 200, subpart D, and USDA ‘‘2 CFR part 200, subpart D and USDA Administrator, Food and Nutrition Service. implementing regulations 2 CFR parts implementing regulations 2 CFR part [FR Doc. 2018–06519 Filed 4–2–18; 8:45 am] 400 and 415’’. 400 and part 415for’’ and add in their BILLING CODE 3410–30–P ■ b. In paragraph (b) introductory text, place the words ‘‘2 CFR part 200, remove the words ‘‘part 3016 of this subpart D, and USDA implementing title’’ and add in their place the words regulations 2 CFR parts 400 and 415 DEPARTMENT OF TRANSPORTATION ‘‘2 CFR part 200, subpart D, and USDA for’’. implementing regulations 2 CFR parts ■ b. In paragraph (c)(2), remove the Federal Aviation Administration 400 and 415’’. words ‘‘part 3016 of this title’’ and add in its place the words ‘‘2 CFR part 200, 14 CFR Part 73 PART 248—WIC FARMERS’ MARKET subpart D, and USDA implementing NUTRITION PROGRAM (FMNP) [Docket No. FAA–2018–0103; Airspace regulations 2 CFR parts 400 and 415’’. Docket No. 18–ASO–1] ■ 13. The authority citation for 7 CFR PART 272—REQUIREMENTS FOR RIN 2120–AA66 part 248 continues to read as follows: PARTICIPATING STATE AGENCIES Authority: 42 U.S.C. 1786. Amendment of Restricted Areas R– ■ 19. The authority citation for 7 CFR 2907C; Lake George, FL, R–2910B, R– § 248.12 [Amended] part 272 continues to read as follows: 2910C, and R–2910E; Pinecastle, FL ■ 14. In § 248.12(a)(3): Authority: 7 U.S.C. 2011–2036. AGENCY: Federal Aviation ■ a. Remove the words ‘‘2 CFR part 200, Administration (FAA), DOT. subpart E and USDA implementing § 272.1 [Amended] regulations 2 CFR part 400 and part ■ 20. In § 272.1: ACTION: Final rule; technical 415’’ and add in their place the words ■ a. In paragraph (c)(1)(v), remove the amendment; correction. ‘‘2 CFR part 200, subpart E, and USDA word ‘‘provison’’ and add in its place SUMMARY: This action corrects a final implementing regulations 2 CFR parts the word ‘‘provision’’. rule, technical amendment published in ■ 400 and 415.’’ b. In paragraph (g)(84)(i), remove the the Federal Register on March 13, 2018 ■ b. Remove the words ‘‘part 3016 or word ‘‘approporiate’’ and add in its that incorrectly stated the location of this part,’’ and add in their place the place the word ‘‘appropriate’’. restricted area R–2907C in Florida. words ‘‘2 CFR part 200, subparts D and ■ c. In paragraphs (g)(93)(i) and DATES: E, and USDA implementing regulations (g)(98)(iii), remove the word ‘‘occured’’ Effective date 0901 UTC, May 24, 2 CFR parts 400 and 415,’’. and add in its place the word 2018. ‘‘occurred’’. FOR FURTHER INFORMATION CONTACT: Paul PART 249—SENIOR FARMERS’ ■ d. In paragraph (g)(116), remove the Gallant, Airspace Policy Group, Office MARKET NUTRITION PROGRAM word ‘‘implemention’’ and add in its of Airspace Services, Federal Aviation (SFMNP) place the word ‘‘implementation’’. Administration, 800 Independence Avenue SW, Washington, DC 20591; ■ 15. The authority citation for 7 CFR PART 277—PAYMENTS OF CERTAIN telephone: (202) 267–8783. part 249 continues to read as follows: ADMINISTRATIVE COSTS OF STATE SUPPLEMENTARY INFORMATION: Authority: 7 U.S.C. 3007. AGENCIES History § 249.11 [Amended] ■ 21. The authority citation for 7 CFR The FAA published a final rule, ■ 16. In § 249.11(d), remove the words part 277 continues to read as follows: technical amendment in the Federal ‘‘part 3016 of this title’’ and add in their Authority: 7 U.S.C. 2011–2036. Register for Docket No. FAA–2018–0103

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(83 FR 10784; March 13, 2018). The SUMMARY: This document contains ENVIRONMENTAL PROTECTION final rule, technical amendment corrections to final regulations (TD AGENCY updated the controlling agency 9777) that were published in the information of four restricted areas (R– Federal Register on Monday, July 18, 40 CFR Part 52 2907C, R–2910B, R–2910C, and R– 2016. The final regulations are related to 2910E) in Florida. Subsequent to arbitrage restrictions under section 148 [EPA–R03–OAR–2014–0701; FRL–9976– publication, the FAA determined that of the Internal Revenue Code applicable 30—Region 3] the location of R–2907C was incorrectly to tax-exempt bonds and other tax- stated as ‘‘Pinecastle, FL’’ instead of advantaged bonds issued by State and Approval and Promulgation of Air ‘‘Lake George, FL.’’ This correction local governments. Quality Implementation Plans; District inserts ‘‘Lake George, FL’’ at all of Columbia; Interstate Transport references to restricted area R–2907C. DATES: This correction is effective on Requirements for the 2010 1-Hour April 3, 2018 and is applicable on or Sulfur Dioxide Standard Correction to Final Rule after July 18, 2016. AGENCY: Environmental Protection Accordingly, pursuant to the FOR FURTHER INFORMATION CONTACT: Agency (EPA). authority delegated to me, in the Spence Hanemann at (202) 317–6980 Federal Register of March 13, 2018 (83 (not a toll-free number). ACTION: Final rule. FR 10784) FR Doc. 2018–05041, SUPPLEMENTARY INFORMATION: Amendment of Restricted Areas R– SUMMARY: The Environmental Protection 2907C, R–2910B, R–2910C, and R– Background Agency (EPA) is approving a state 2910E; Pinecastle, FL, is corrected as implementation plan (SIP) revision follows: The final regulations (TD 9777) that submitted by the District of Columbia On page 10784, column 1, line 26, in are the subject of this correction are (the District). This revision pertains to the subject heading, after the word R– issued under section 148 of the Internal the infrastructure requirement for 2907C, insert ‘‘Lake George, FL,’’. On Revenue Code. interstate transport of pollution with page 10784, column 1, line 34, under respect to the 2010 1-hour sulfur SUMMARY Need for Correction , after the word R–2907C, insert dioxide (SO2) national ambient air ‘‘Lake George, FL,’’. On page 10784, As published July 18, 2016 (81 FR quality standards (NAAQS). EPA is column 2, line 13, under Authority for 46582), the final regulations (TD 9777) approving this revision in accordance this rulemaking, after the word R– contain an error that needs to be with the requirements of the Clean Air 2907C, insert ’’ Lake George, FL,’’. On corrected. Act (CAA). page 10784, column 2, line 20, under The Rule, after the word R–2907C, List of Subjects in 26 CFR Part 1 DATES: This final rule is effective on insert ‘‘Lake George, FL,’’. On page May 3, 2018. Income taxes, Reporting and 10784, column 2, line 66, and column ADDRESSES: EPA has established a 3, line 17, under Environmental Review, recordkeeping requirements. docket for this action under Docket ID after the word R–2907C, insert ‘‘Lake Correction of Publication Number EPA–R03–OAR–2014–0701. All George, FL,’’. documents in the docket are listed on Accordingly, 26 CFR part 1 is § 73.29 [Amended] the https://www.regulations.gov corrected by making the following website. Although listed in the index, ■ On page 10784, column 3, line 51 correcting amendments: some information is not publicly correct the location of R–2907C to read available, e.g., confidential business as follows: PART 1—INCOME TAXES information (CBI) or other information R–2907C Lake George, FL [Corrected] whose disclosure is restricted by statute. ■ Paragraph 1. The authority citation Certain other material, such as Issued in Washington, DC, on March 28, for part 1 continues to read in part as copyrighted material, is not placed on 2018. follows: the internet and will be publicly Rodger A. Dean, Jr., Authority: 26 U.S.C. 7805 * * * available only in hard copy form. Manager, Airspace Policy Group. Publicly available docket materials are [FR Doc. 2018–06746 Filed 4–2–18; 8:45 am] ■ Par. 2. Section 1.148–4 is amended by available through https:// BILLING CODE 4910–13–P revising the paragraph heading for www.regulations.gov, or please contact paragraph (h)(3)(iv) to read as follows: the person identified in the FOR FURTHER INFORMATION CONTACT section for § 1.148–4 Yield on an issue of bonds. DEPARTMENT OF THE TREASURY additional availability information. * * * * * FOR FURTHER INFORMATION CONTACT: Internal Revenue Service (h) * * * Joseph Schulingkamp, (215) 814–2021, or by email at schulingkamp.joseph@ 26 CFR Part 1 (3) * * * epa.gov. (iv) Accounting for modifications and [TD 9777] terminations—*** SUPPLEMENTARY INFORMATION: On July RIN 1545–BG41; 1545–BH38 * * * * * 17, 2014, the District of Columbia (the District) through the District Department Arbitrage Guidance for Tax-Exempt Martin V. Franks, of Energy and the Environment Bonds; Correction Chief, Publications and Regulations Branch, (DDOEE) submitted a SIP revision Legal Processing Division, Associate Chief AGENCY: Internal Revenue Service (IRS), addressing the infrastructure Counsel (Procedure and Administration). Treasury. requirements under section 110(a)(2) of [FR Doc. 2018–06704 Filed 4–2–18; 8:45 am] the CAA for the 2010 1-hour SO ACTION: Correcting amendment. 2 BILLING CODE 4830–01–P NAAQS.

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I. Background SIP requirements related to a newly The portion of the District’s July 17, established or revised NAAQS such as 2014 SIP submittal addressing interstate A. General requirements for monitoring, basic transport (for section 110(a)(2)(D)(i)(I)) On June 2, 2010, the EPA program requirements, and legal includes an emissions inventory and air strengthened the SO2 primary standards, authority that are designed to assure quality data that concludes that the establishing a new 1-hour primary attainment and maintenance of the District does not have sources that can standard at the level of 75 parts per NAAQS. contribute with respect to the 2010 1- billion (ppb), based on the 3-year hour SO2 NAAQS to nonattainment in, average of the annual 99th percentile of C. Interstate Pollution Transport or interfere with maintenance in, any 1-hour daily maximum concentrations Requirements other state. The submittal also included (hereafter ‘‘the 2010 1-hour SO2 Section 110(a)(2)(D)(i)(I) of the CAA currently available air quality NAAQS’’). At the same time, the EPA requires a state’s SIP to address any monitoring data which alleged that SO2 also revoked the previous 24-hour and emissions activity in one state that levels continue to be well below the annual primary SO2 standards. See 75 contributes significantly to 2010 1-hour SO2 NAAQS in the District FR 35520 (June 22, 2010). See 40 CFR nonattainment, or interferes with and in any areas surrounding or 50.11. The previous SO2 air quality maintenance, of the NAAQS in any bordering the District. EPA has standards were set in 1971, including a downwind state. The EPA sometimes reviewed current monitoring data for 24-hour average primary standard at 140 refers to these requirements as prong 1 SO2 and finds monitor data within the ppb and an annual average primary (significant contribution to District, and in areas surrounding the standard at 30 ppb. See 36 FR 8186 nonattainment) and prong 2 District, continue to show no (April 30, 1971). (interference with maintenance), or nonattainment issues with regards to the SO is one of a group of highly 2 jointly as the ‘‘good neighbor’’ provision SO2 NAAQS. reactive gases known as ‘‘oxides of of the CAA. Further information can be Additionally, the District described in sulfur.’’ Nationally, the largest sources found in the Technical Support its submittal several existing SIP- of SO2 emissions are fossil fuel Document (TSD) for this rulemaking approved measures and other federally combustion at power plants and other action, which is available online at enforceable source-specific measures, industrial facilities. Smaller sources of www.regulations.gov, Docket number including measures pursuant to SO2 emissions include industrial EPA–R03–OAR–2014–0701. permitting requirements under the CAA, processes such as extracting metal from that apply to SO2 sources within the ore, and the burning of high sulfur II. Summary of SIP Revision and EPA District. The District alleges with these containing fuels by locomotives, large Analysis measures, SO2 emissions within the ships, and non-road equipment. SO2 is On July 17, 2014, the District, through District are minimal. The EPA finds that linked with a number of adverse effects DDOEE, submitted a revision to its SIP the District’s existing SIP provisions, as on the respiratory system. to satisfy the infrastructure identified in the July 17, 2014 SIP B. EPA’s Infrastructure Requirements requirements of section 110(a)(2) of the submittal, are adequate to prevent the CAA for the 2010 1-hour SO NAAQS, District’s emission sources from Pursuant to section 110(a)(1) of the 2 including section 110(a)(2)(D)(i)(I). On significantly contributing to CAA, states are required to submit a SIP April 13, 2015 (80 FR 19538), the EPA nonattainment or interfering with revision to address the applicable approved the District’s infrastructure maintenance in another state with requirements of section 110(a)(2) within SIP submittal for the 2010 1-hour SO respect to the 2010 1-hour SO2 NAAQS. three years after promulgation of a new 2 NAAQS for all applicable elements of In light of these measures, the EPA does or revised NAAQS or within such section 110(a)(2) with the exception of not expect SO2 emissions in the District shorter period as EPA may prescribe. 110(a)(2)(D)(i)(I).1 This rulemaking to increase significantly, and therefore Section 110(a)(2) requires states to action is addressing the portions of the does not expect monitors in the District address basic SIP elements to assure District’s infrastructure submittal for the and nearby states to have difficulty attainment and maintenance of the 2010 1-hour SO NAAQS that pertain to continuing to attain or maintain NAAQS—such as requirements for 2 transport requirements.2 On October 18, attainment of the NAAQS. A detailed monitoring, basic program 2017 (82 FR 48472 and 82 FR 48439), summary of EPA’s review and rationale requirements, and legal authority. EPA simultaneously published a notice for approval of this SIP revision as Section 110(a) imposes the obligation of proposed rulemaking (NPR) and a meeting CAA section 110(a)(2)(D)(i)(I) upon states to make a SIP submission to direct final rule (DFR) for the District for the 2010 1-hour SO2 NAAQS may be EPA for a new or revised NAAQS, but approving the SIP revision. EPA found in the TSD for this rulemaking the contents of that submission may received four comments on the action, which is available online at vary depending upon the facts and rulemaking and withdrew the DFR prior www.regulations.gov, Docket number circumstances of each NAAQS and what to the effective date of December 18, EPA–R03–OAR–2014–0701. is in each state’s existing SIP. In 2017. particular, the data and analytical tools III. Response to Comments available at the time the state develops During the comment period, EPA 1 In the April 13, 2015 action, the EPA also and submits the SIP revision for a new approved the District’s infrastructure SIPs for the received four anonymous comments on or revised NAAQS affect the content of 2008 ozone and 2010 NO2 NAAQS, with the the rulemaking. Of the comments, one the submission. The content of such SIP exception of the transport elements in comment was generally supportive of submission may also vary depending 110(a)(2)(D)(i)(I). EPA’s action and thus no response is 2 For the EPA’s explanation of its ability to act on upon what provisions the state’s discrete elements of section 110(a)(2), see 80 FR required. A second comment generally existing SIP already contains. 2865 (Approval and Promulgation of Air Quality discussed CAA section 112 and Specifically, section 110(a)(1) Implementation Plans; District of Columbia; hazardous air pollutant (HAP) standards provides the procedural and timing Infrastructure Requirements for the 2008 Ozone, but provided no specific information 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide requirements for SIP submissions. National Ambient Air Quality Standards; Approval related to this rulemaking action, which Section 110(a)(2) lists specific elements of Air Pollution Emergency Episode Plan (January was taken under section that states must meet for infrastructure 21, 2015)). 110(a)(2)(D)(i)(I). EPA believes this

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comment was not germane to this commenter’s claim that it is not unlikely other similar agency actions rulemaking action, and thus no further for the District to contribute to nearby (collectively, agency action) that response is provided. The remaining states due to its size, EPA notes that the potentially burden the development or comments relevant to this action are commenter did not provide any use of domestically produced energy summarized below with EPA’s justification to substantiate this claim. resources, with particular attention to response. In addition, EPA disagrees with the oil, natural gas, coal, and nuclear Comment #1: The commenter stated assertion that EPA did not address energy. First, EPA does not believe this that EPA could not approve the contribution from SO2 emissions from E.O. applies to this rulemaking action District’s plan because no dispersion mobile source or residential heating oil because, to the extent this rulemaking is modeling was performed and EPA must in the TSD. Mobile source contribution considered an agency action under the perform dispersion modeling, including was discussed in Step 3 of the analysis E.O., this action was not an existing modeling for mobile sources, because, in the TSD and is controlled in the agency action as of March 28, 2017, the ‘‘it’s not unlikely for DC to contribute to District with a high enhanced date the E.O. was signed. Second, [nearby] states as DC is so small inspection and maintenance (I/M) [transport is] inevitable.’’ The program which is within the District’s assuming arguendo, that this commenter also raised concerns that approved SIP, EPA’s Heavy-duty rulemaking action is considered an EPA did not evaluate mobile source SO2 Highway Rule, EPA’s Tier 1 Motor agency action under the E.O., this emissions and SO2 emissions from Vehicle Emission Standards, and EPA’s rulemaking action does not create a combustion of residential heating oil in Tier 2 Vehicle and Gasoline Sulfur burden as that term is defined in the EPA’s transport evaluation. Program, all of which are expected to E.O. As defined in the E.O., the term Response #1: EPA disagrees with the reduce SO2 emissions from the mobile ‘‘burden’’ means, ‘‘to unnecessarily commenter’s assertion that dispersion source sector. Residential heating oil obstruct, delay, curtail, or otherwise modeling is needed, including modeling contribution was also discussed in Step impose significant cost on the siting, for mobile sources before EPA can 3 and is controlled by the District’s 20 permitting, production, utilization, approve a SIP submittal as meeting DCMR sections 801 and 803 which transmission, or delivery of energy interstate transport requirements in restrict the sulfur content of all resources.’’ This rulemaking action does CAA section 110(a)(2)(D); there is no commercially available residential fuel not affect the siting, permitting, requirement in this CAA provision that oil and completely ban the use of production, utilization, transmission, or even suggests that dispersion modeling heavier fuel oils (numbers 5 and 6). The delivery of energy resources as this is needed for determining whether or District’s regulations of fuel oil are also not a state significantly contributes to a action merely approves the District’s contained in the District’s federally submission as meeting various CAA neighboring state’s attainment with a enforceable SIP. specific NAAQS or interferes with requirements, thus any required review The controls described for both under this E.O. is not applicable. Third, another state maintaining a NAAQS. mobile sources and residential heating EPA has previously found that a weight EPA does not believe this E.O. applies oil further supplement the low to our regulatory action to approve the of evidence (WOE) approach is emissions profile of the District as District’s SIP submittal whereby we are sufficient to determine whether or not a discussed in the TSD and support EPA’s approving that the District has a SIP to state significantly contributes to another assertion that the District’s SO 3 2 address interstate transport of emissions state. EPA believes the WOE evaluation emissions do not significantly provided in EPA’s TSD is adequate to contribute to nonattainment in, or such that sources do not significantly determine potential contribution from interfere with the maintenance of, contribute to nonattainment or interfere the District to other neighboring states; another state with regards to the 2010 with maintenance in another state. If a the analysis includes (1) an evaluation SO NAAQS. SIP submittal from a state has of the District’s sources and trends, (2) 2 Comment #2: The second commenter everything required in the list contained a selection of a spatial scale in which stated that EPA did not address a March in CAA section 110(a)(2) including EPA would evaluate potential 28, 2017 Executive Order regarding the required emission limitations, then CAA contribution, (3) a review of monitored promotion of energy independence and section 110(k)(3) requires that EPA must SO data and control measures, and (4) 2 economic growth. The commenter also or ‘‘shall’’ approve the SIP submission. an analysis of the information presented similarly raised the issue of addressing Thus, considering the plain language of in the other three factors. Using these interstate transport originating from the CAA in section 110(k)(3), EPA factors, EPA believes the District does mobile sources. The commenter not significantly contribute to any cannot consider disapproving or concluded by saying EPA should repeal neighboring states’ nonattainment or requiring changes to a state’s SIP this rule until the effects of this rule are interfere with their ability to maintain submittal based on a particular E.O. or understood on the energy sector and the the 2010 SO2 NAAQS. Further, as to the statutory reviews. As explained in the economy as a whole. TSD, EPA finds the District’s SIP meets Response #2: As to the issue regarding 3 See, e.g., Air Quality State Implementation requirements in section 110(a)(2)(D). Plans; Approvals and Promulgations: Utah; mobile sources, EPA addressed this Thus, EPA shall approve the SIP Interstate Transport of Pollution for the 2006 PM2.5 issue in Response #1. As to the March submission. NAAQS; May 20, 2013 (78 FR 29314); Final Rule 28, 2017 Executive Order (E.O.),4 EPA 78 FR 48615 (August 9, 2013); Approval and IV. Final Action Promulgation of Implementation Plans; State of disagrees that this rulemaking should be California; Interstate Transport of Pollution; ‘‘repealed’’ because EPA did not address Significant Contribution to Nonattainment and the E.O. The E.O. in question pertains EPA is approving the portions of the Interference With Maintenance Requirements, to reviewing existing regulations, order, District’s July 17, 2014 SIP revision Proposed Rule 76 FR 146516 (March 17, 2011), addressing interstate transport for the Final Rule 76 FR 34872 (June 15, 2011); Approval guidance documents, policies, and any and Promulgations of State Implementation Plans; 2010 1-hour SO2 NAAQS as these State of Colorado; Interstate Transport of Pollution 4 Based on the comment, EPA assumes the E.O. portions meet the requirements in for the 2006 24-Hour PM2.5 NAAQS, Proposed Rule, in question is E.O. 13738, Promoting Energy section 110(a)(2)(D)(i)(I) of the CAA. 80 FR 27121 (May 12, 2015), Final Rule 80 FR Independence and Economic Growth, signed March 47862 (August 10, 2015). 28, 2017.

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V. Statutory and Executive Order • is not a significant regulatory action C. Petitions for Judicial Review Reviews subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, A. General Requirements 28355, May 22, 2001); petitions for judicial review of this • is not subject to requirements of action must be filed in the United States Under the CAA, the Administrator is Section 12(d) of the National Court of Appeals for the appropriate required to approve a SIP submission Technology Transfer and Advancement circuit by June 4, 2018. Filing a petition that complies with the provisions of the Act of 1995 (15 U.S.C. 272 note) because for reconsideration by the Administrator CAA and applicable federal regulations. application of those requirements would of this final rule does not affect the 42 U.S.C. 7410(k); 40 CFR 52.02(a). finality of this action for the purposes of Thus, in reviewing SIP submissions, be inconsistent with the CAA; and • judicial review nor does it extend the EPA’s role is to approve state choices, does not provide EPA with the time within which a petition for judicial provided that they meet the criteria of discretionary authority to address, as review may be filed, and shall not the CAA. Accordingly, this action appropriate, disproportionate human postpone the effectiveness of such rule merely approves state law as meeting health or environmental effects, using or action. This action, addressing the federal requirements and does not practicable and legally permissible District’s interstate transport for the impose additional requirements beyond methods, under Executive Order 12898 2010 1-hour SO2 NAAQS, may not be those imposed by state law. For that (59 FR 7629, February 16, 1994). challenged later in proceedings to reason, this action: In addition, this rule does not have enforce its requirements. (See section • Is not a ‘‘significant regulatory tribal implications as specified by 307(b)(2).) action’’ subject to review by the Office Executive Order 13175 (65 FR 67249, of Management and Budget under List of Subjects in 40 CFR Part 52 Executive Orders 12866 (58 FR 51735, November 9, 2000), because the SIP is not approved to apply in Indian country Environmental protection, Air October 4, 1993) and 13563 (76 FR 3821, pollution control, Incorporation by January 21, 2011); located in the state, and EPA notes that it will not impose substantial direct reference, Sulfur oxides. • is not an Executive Order 13771 (82 Dated: March 16, 2018. FR 9339, February 2, 2017) regulatory costs on tribal governments or preempt action because SIP approvals are tribal law. Cecil Rodrigues, Acting Regional Administrator, Region III. exempted under Executive Order 12866; B. Submission to Congress and the • does not impose an information Comptroller General 40 CFR part 52 is amended as follows: collection burden under the provisions of the Paperwork Reduction Act (44 The Congressional Review Act, 5 PART 52—APPROVAL AND U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small PROMULGATION OF • is certified as not having a Business Regulatory Enforcement IMPLEMENTATION PLANS significant economic impact on a Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52 substantial number of small entities that before a rule may take effect, the continues to read as follows: under the Regulatory Flexibility Act (5 agency promulgating the rule must U.S.C. 601 et seq.); submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. • does not contain any unfunded copy of the rule, to each House of the Subpart J—District of Columbia mandate or significantly or uniquely Congress and to the Comptroller General affect small governments, as described of the United States. EPA will submit a ■ 2. In § 52.470, the table in paragraph in the Unfunded Mandates Reform Act report containing this action and other (e) is amended by adding a second entry of 1995 (Pub. L. 104–4); required information to the U.S. Senate, for ‘‘Section 110(a)(2) Infrastructure • the U.S. House of Representatives, and does not have federalism Requirements for the 2010 SO2 implications as specified in Executive the Comptroller General of the United NAAQS’’ before the entry for Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in ‘‘Emergency Air Pollution Plan’’ to read 1999); the Federal Register. A major rule as follows: • is not an economically significant cannot take effect until 60 days after it regulatory action based on health or is published in the Federal Register. § 52.470 Identification of plan. safety risks subject to Executive Order This action is not a ‘‘major rule’’ as * * * * * 13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). (e) * * *

Name of non-regulatory SIP Applicable State submittal Additional revision geographic area date EPA approval date explanation

******* Section 110(a)(2) Infrastructure District-wide ...... 7/18/14 4/3/18, [Insert Federal Register This action addresses CAA sec- Requirements for the 2010 SO2 citation]. tion. NAAQS. 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.

*******

[FR Doc. 2018–06655 Filed 4–2–18; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Protection Agency, Air Planning and received on February 7, 2013, and AGENCY Development Branch, 11201 Renner August 22, 2013, respectively. EPA is Boulevard, Lenexa, Kansas 66219 at also taking action to approve certain 40 CFR Part 52 (913) 551–7391, or by email at elements of the 2012 PM2.5 [EPA–R07–OAR–2017–0477; FRL–9976– [email protected]. infrastructure submission received on 09—Region 7] SUPPLEMENTARY INFORMATION: February 22, 2016. Specifically, in Throughout this document ‘‘we,’’ ‘‘us,’’ regard to the 2010 NO2 NAAQS, EPA is Approval of Nebraska Air Quality and ‘‘our’’ refer to EPA. This section approving, the following SIP submission Implementation Plans; Infrastructure provides additional information by elements related to CAA section SIP Requirements for the 2010 addressing the following: 110(a)(2): (A) through (C), (D)(i)(I)— Nitrogen Dioxide and Sulfur Dioxide Prongs 1 and 2, (D)(i)(II)—prong 3, and the 2012 Fine Particulate Matter I. Background II. What is being addressed in this document? (D)(ii), (E) through (H), and (J) through National Ambient Air Quality III. Have the requirements for approval of a (M). Standards SIP revision been met? Regarding the 2010 SO2 and 2012 AGENCY: IV. EPA’s Response to Comments Environmental Protection PM2.5 NAAQS, EPA is approving the Agency (EPA). V. What action is EPA taking? VI. Statutory and Executive Order Reviews State’s SIP submission addressing the ACTION: Final rule. following infrastructure elements of SUMMARY: The Environmental Protection I. Background section 110(a)(2): (A) through (C), (D) (i) Agency (EPA) is taking final action to EPA received Nebraska’s (II)—Prong 3, (D) (ii), (E) through (H), approve certain elements of State infrastructure SIP submissions and (J) through (M). As discussed in the TSD, EPA is not acting, at this time, on Implementation Plan (SIP) submissions addressing the 2010 NO2 NAAQS, the section 110(a)(2)(D)(i)(I)— prongs 1 and from the State of Nebraska for the 2010 2010 SO2 NAAQS, and the 2012 PM2.5 Nitrogen Dioxide (NO2) and Sulfur NAAQS.1 On September 20, 2017, EPA 2, as it relates to the 2010 SO2 NAAQS Dioxide (SO2) National Ambient Air proposed to approve certain elements of as those elements were not part of the Quality Standards (NAAQS) and the these infrastructure SIP submissions state SIP submission. Section 2012 Fine Particulate Matter (PM2.5) from the State of Nebraska. See 82 FR 110(a)(2)(D)(i)(I)—prongs 1 and 2, as it NAAQS. States are required to have a 43926. In conjunction with the relates to the 2012 PM2.5 NAAQS, were SIP that provides for the September 20, 2017, notice of proposed included in the state SIP submission. implementation, maintenance, and rulemaking (NPR), EPA issued a direct The EPA intends to act on section enforcement of the NAAQS. Whenever final rule (DFR) approving the same 110(a)(2)(D)(i)(I)—prongs 1 and 2, as it EPA promulgates a new or revised elements of the 2010 NO2, 2010 SO2, and relates to the 2012 PM2.5 NAAQS in a NAAQS, states are required to make a 2012 PM2.5 NAAQS infrastructure SIP subsequent rulemaking action. SIP submission to establish that they submissions. See 82 FR 43848. Regarding the 2010 NO2 and SO2 and have, or to add, the provisions necessary However, in the DFR, EPA stated that if the 2012 PM infrastructure to address various requirements to 2.5 EPA received adverse comments by submissions and as explained in the address the new or revised NAAQS. October 20, 2017, the action would be TSD, EPA is not acting, at this time, on These SIPs are commonly referred to as withdrawn and not take effect. EPA section 110(a)(2)(D)(i)(II)—prong 4. ‘‘infrastructure’’ SIPs. The infrastructure received one set of adverse comments requirements are designed to ensure that prior to the close of the comment As noted, a TSD is included as part the structural components of each period. EPA withdrew the DFR on of the docket to discuss the details of state’s air quality management program November 17, 2017. See 82 FR 54299. this action. are adequate to meet the state’s This action is a final rule based on the III. Have the requirements for approval responsibilities under the Clean Air Act NPR. A detailed discussion of of a SIP revision been met? (CAA). Nebraska’s SIP submissions and EPA’s DATES: This final rule is effective on rationale for approving the SIP The state has met the public notice May 3, 2018. submissions were provided in the DFR requirements for SIP submissions in ADDRESSES: EPA has established a and the associated Technical Support accordance with 40 CFR 51.102. A docket for this action under Docket ID Document (TSD) in the docket for this public comment period was held for the No. EPA–R07–OAR–2017–0477. All rulemaking and will not be restated NO2 infrastructure SIP from December documents in the docket are listed on here, except to the extent relevant to our 27, 2012, to January 28, 2013. The only the https://www.regulations.gov response to the adverse public comment comments were from the EPA, and the website. Although listed in the index, we received. infrastructure SIP submission was some information is not publicly revised to address the comments. A available, i.e., CBI or other information II. What is being addressed in this document? public hearing was held on January 28, whose disclosure is restricted by statute. 2013. Certain other material, such as EPA is taking final action to approve copyrighted material, is not placed on the infrastructure submissions as The state held a public comment the internet and will be publicly meeting the applicable submission period for the SO2 infrastructure SIP available only in hard copy form. requirements section 110(a)(1). EPA is from April 25, 2013, to May 28, 2013. Publicly available docket materials are approving certain elements of the 2010 NDEQ received comments from the Sierra Club on May 28, 2013. The state available through https:// NO2 and SO2 infrastructure SIP www.regulations.gov or please contact submissions from the State of Nebraska addressed the Sierra Club’s comments the person identified in the FOR FURTHER with no revisions to its proposed SIP. A 1 INFORMATION CONTACT section for The EPA received the 2010 NO2 infrastructure public hearing was held on May 27, additional information. submission on February 7, 2013, the 2010 SO2 2013. infrastructure submission on August 22, 2013, and FOR FURTHER INFORMATION CONTACT: Mr. the 2012 PM2.5 infrastructure submission on A public comment period was held Gregory Crable, Environmental February 22, 2016. for the PM2.5 infrastructure SIP from

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November 23, 2015, to December 29, publication of the proposed rule (e.g. on the elements related to interstate 2015. A public hearing was held on 2013 to 2015 data) is 72 parts per billion transport. December 29, 2015. No comments were (ppb). Based on the most current EPA agrees with the commenter that received. available, certified and quality assured it has an obligation to take action under All three submissions satisfied the information (e.g. 2014 to 2016 data), the section 110(k) on SIP submissions. completeness criteria of 40 CFR part 51, highest NO2 near-road monitoring However, EPA disagrees with the appendix V. As explained in more detail design value recorded in Colorado is 74 commenter’s argument that the Agency in the TSD, which is part of this docket, ppb. Both of these design values are cannot elect to act on individual parts the revisions meet the substantive SIP well below the 2010 NO2 NAAQS of 100 or elements of a state’s infrastructure requirements of the CAA, including ppb. Thus, in the absence of any SIP submission in separate rulemaking section 110 and implementing downwind air quality concerns, actions, as it deems appropriate. Section regulations. Nebraska cannot be found to contribute, 110(k)of the CAA authorizes EPA to approve a SIP submission in full, IV. EPA’s Response to Comments let alone significantly contribute to downwind nonattainment or interfere disapprove it in full, or approve it in The public comment period on EPA’s with maintenance of the NAAQS. The part and disapprove it in part, or proposed rule opened September 20, commenter does not identify any flaws conditionally approve it in full or in 2017 the date of its publication in the with EPA’s assessment of the data. part, depending on the extent to which Federal Register and closed on October Thus, the commenter is incorrect to such plan meets the requirements of the 20, 2017. During this period, EPA state that EPA only relied on the lack of CAA. This authority to approve state received one comment letter. No near-road monitors in Nebraska in SIP submissions in separable parts was changes were made to the proposals in concluding that the state is in included in the 1990 Amendments to this final action after consideration of compliance with the requirements of the CAA to overrule a decision in the the adverse comments received. Court of Appeals for the Ninth Circuit Comment 1: The commenter stated section 110(a)(2)(D)(i)(I). Moreover, because neither EPA nor the commenter holding that EPA could not approve that with regard to 2010 NO2 NAAQS, individual measures in a SIP EPA has not shown that Nebraska is not have identified any downwind air quality problems to which Nebraska submission without either approving or significantly contributing to downwind disapproving the plan as a whole. See problems due to interstate transport of could contribute, the EPA does not agree that it was necessary to evaluate S. Rep. No. 101–228, at 22, 1990 NOX. The commenter specifically U.S.C.C.A.N. 3385, 3408 (discussing the asserted that EPA should have the impact of individual point sources in Nebraska, via modeling or any other express overruling of Abramowitz v. addressed NOX emissions in Nebraska analyses, on air quality in other states. EPA, 832 F.2d 1071 (9th Cir. 1987)). rather than only evaluated national level EPA interprets its authority under Finally, the commenter is incorrect in data, and that the lack of a requirement section 110(k) of the CAA as affording for near road monitors for phase 3 is not asserting that EPA failed to evaluate the Agency the discretion to approve, adequate to show no downwind issues. NOX emissions in Nebraska. In the TSD, disapprove, or conditionally approve, The commenter further contended that EPA reviewed NOX emission trends in individual elements of Nebraska’s EPA must analyze all source categories the state, which demonstrated that NOX infrastructure SIP submission for the emissions in Nebraska have followed a including point sources and conduct 2012 PM2.5 NAAQS. EPA views discrete modeling to show large point sources downward trend for 2011 to 2016. infrastructure SIP requirements, such as are not causing downwind contribution. EPA has demonstrated that Nebraska the requirements of section Response 1: The EPA disagrees with is not significantly contributing to 110(a)(2)(D)(i)(I), as severable from other the commenter’s assertions. As an initial downwind nonattainment or interfering infrastructure SIP elements and matter, the question of whether with maintenance of the 2010 NO2 interprets section 110(k) as allowing it emissions from Nebraska significantly NAAQS. Therefore, the EPA disagrees to act on individual severable elements contribute to nonattainment or interfere with the commenter’s assertions and or requirements in a SIP submission. In with maintenance of the NAAQS in will approve elements of short, EPA believes it has the discretion violation of section 110(a)(2)(D)(i)(I) 110(a)(2)(D)(i)(I)—Prongs 1 and 2 for under section 110(k) of the CAA to act depends on whether there are areas in Nebraska’s NO2 infrastructure SIP upon the various individual elements of downwind states having or expected to submission. the State’s infrastructure SIP have trouble attaining or maintaining Comment 2: The commenter stated submission, separately or together, as the NAAQS. In the EPA’s TSD, the EPA that with respect to the PM2.5 NAAQS, appropriate. EPA will address the analyzed a variety of data and EPA does not have the discretion to ‘‘act remaining elements of Nebraska’s 2012 determined that there were no at a later date.’’ In addition, the PM2.5 NAAQS, infrastructure SIP downwind areas in other states with air commenter states that EPA is mandated submission in a separate rulemaking quality concerns with respect to the by statute to act within 18 months of the action or actions. 2010 NO2 NAAQS. EPA cited several state’s submission, and that since the Comment 3: The commenter stated pieces of data to support this state’s submission was received in that with respect to the SO2 NAAQS, conclusion. EPA first explained that at February 2016, EPA has failed to act in since the state has not submitted a plan the time of designations for NO2 in a timely manner and does not have the with regards to interstate transport, EPA January of 2012, no areas of the country luxury of acting at a later date. If EPA must make a finding of failure to were violating the 2010 NO2 NAAQS. cannot approve the state’s plan, the EPA submit. The commenter further stated EPA further reviewed monitoring and must disapprove. that acting is on a SIP is not emissions trends since the designations Response 2: EPA acknowledges the discretionary and that EPA had yet to and identified no areas that are having commenter’s concern for the interstate act. problems attaining or maintaining the transport of air pollutants. However, Response 3: Please refer to Response NAAQS. In fact, the highest NO2 near- EPA disagrees with the commenter’s 2. Additionally, in EPA’s rulemaking road monitoring design value recorded argument that EPA cannot approve proposing to approve Nebraska’s in Colorado based on the most current certain elements of an infrastructure SIP infrastructure SIP for the 2010 1-hour available information at the time of submission without also taking action SO2 NAAQS, EPA stated that it was not

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taking any action with respect to the state’s submission with regards to and (2) (except otherwise noted) to good neighbor provisions in section interstate transport of PM2.5. ensure that the 2010 NO2 and SO2 110(a)(2)(D)(i)(I) for this NAAQS. EPA Response 5: A public comment NAAQS and the 2012 PM2.5 NAAQS are understands the commenter’s concern submitted on a proposal does not implemented in the state. with respect to interstate transport. EPA constitute notice of intent to sue the VI. Statutory and Executive Order will evaluate whether it is appropriate Administrator for failure to perform a Reviews to make a finding of failure to submit in nondiscretionary duty. Clean Air Act a separate action. section 304(b)(2) requires a 60-day Under the CAA, the Administrator is Comment 4: The commenter stated notice of a civil action against the required to approve a SIP submission that for all three NAAQS, EPA does not Administrator for an alleged failure to that complies with the provisions of the have the discretion to not act on prong perform a non-discretionary duty to the Act and applicable Federal regulations. 4 and must act within 18 months of the Administrator. EPA’s regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). state’s submission. The commenter require that service of notice to the Thus, in reviewing SIP submissions, stated that EPA ‘‘does not have the Administrator ‘‘shall be accomplished EPA’s role is to approve state choices, luxury’’ of acting on a submission at a by certified mail addressed to the provided that they meet the criteria of later date. If EPA cannot approve due to Administrator, Environmental the CAA. Accordingly, this action the state not having an approved Protection Agency, Washington, DC merely approves state law as meeting Regional Haze SIP then EPA is required 20460.’’ 40 CFR 54.2(a). The Federal requirements and does not to disapprove. commenter’s public comment submitted impose additional requirements beyond via regulations.gov does not satisfy the Response 4: Please refer to Response those imposed by state law. For that regulatory requirements for notices of reason, this action: 2. EPA is not required to act on the intent to file suit against the • prong 4 elements of Nebraska’s 2010 Is not a significant regulatory action Administrator for failure to perform a subject to review by the Office of NO2, 2010 SO2, and 2012 PM2.5 non-discretionary duty. infrastructure SIP submissions in this Management and Budget under particular rulemaking. Like the elements V. What action is EPA taking? Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, of section 110(a)(2)(D)(i)(I), prong 4 is EPA is approving elements the January 21, 2011); severable from other infrastructure SIP infrastructure SIP submissions from • Is not an Executive Order 13771 (82 elements and EPA interprets section Nebraska, which address the FR 9339, February 2, 2017) regulatory 110(k) as allowing it to act on individual requirements of CAA sections 110(a)(1) action because SIP approvals are severable elements or requirements in a and (2) as applicable to the 2010 NO2 SIP submission. exempted under Executive Order 12866. and SO2 and 2012 PM2.5 NAAQS. As • With respect to the comment on prong stated in the above preamble, EPA is Does not impose an information 4, although EPA’s evaluation of a state’s approving certain elements of the state’s collection burden under the provisions SIP submission can be related to the submission as meeting the submission of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); status of that state’s regional haze requirements of section 110(a)(1) for all • program,2 Nebraska’s regional haze three submissions. Is certified as not having a significant economic impact on a program 3 is not relevant here because Regarding the 2010 NO2 NAAQS, EPA EPA is not taking action on that element is approving the following infrastructure substantial number of small entities under the Regulatory Flexibility Act (5 of Nebraska’s 2010 NO2, 2010 SO2, and elements of 110(a)(2): (A) through (C), (D)(i)(I)—Prongs 1 and 2, (D)(i)(II)— U.S.C. 601 et seq.); 2012 PM2.5 infrastructure SIP • submissions in this rulemaking. prong 3, (D)(ii), (E) through (H), and (J) Does not contain any unfunded mandate or significantly or uniquely Comment 5: Initially in comments 2 through (M). As explained in the TSD, affect small governments, as described through 4, the commenter indicated that EPA intends to act on section in the Unfunded Mandates Reform Act this was the commenter’s official notice 110(a)(2)(D)(i)(II)—prong 4, in a of 1995 (Public Law 104–4); of intent to EPA for failure to perform subsequent rulemaking. • Does not have Federalism its nondiscretionary duty to act on the EPA is approving the following implications as specified in Executive state’s submission with respect to infrastructure elements of 110(a)(2) as it Order 13132 (64 FR 43255, August 10, element D(i)(II)—prong 4 for the 2010 relates to the 2010 SO2 and the 2012 1999); NO 2010 SO , and 2012 PM NAAQS, PM2.5 NAAQS: (A) through (C), (D) (i) 2, 2 2.5 • Is not an economically significant failure to perform its nondiscretionary (II)—Prong 3, (D) (ii), (E) through (H), regulatory action based on health or duty to make a finding of failure to and (J) through (M). As discussed in the safety risks subject to Executive Order submit with respect to the interstate TSD, EPA intends to act on section 110(a)(2)(D)(i)(II)—prong 4, in a 13045 (62 FR 19885, April 23, 1997); transport portions of SO2 NAAQS, and • for failing to perform its subsequent rulemaking and is not acting Is not a significant regulatory action nondiscretionary duty to act on the at this time on section subject to Executive Order 13211 (66 FR 110(a)(2)(D)(i)(I)—prongs 1 and 2, for 28355, May 22, 2001); both the 2010 SO and 2012 PM • Is not subject to requirements of 2 EPA’s 2013 Guidance of Infrastructure State 2 2.5 Implementation Plan (SIP) Elements under Clean NAAQS. Section 12(d) of the National Air Act Sections 110(a)(1) and 110(a)(2) provides Based upon review of the state’s Technology Transfer and Advancement that ‘‘[o]ne way in which prong 4 may be satisfied infrastructure SIP submissions for the Act of 1995 (15 U.S.C. 272 note) because for any relevant NAAQS is through an air agency’s 2010 NO2 and SO2 NAAQS as well as application of those requirements would confirmation in its infrastructure SIP submission that it has an approved regional haze SIP . . . .’’ the 2012 PM2.5 NAAQS, and relevant be inconsistent with the Clean Air Act; 2013 Guidance at 33, https://www3.epa.gov/ statutory and regulatory authorities and and airquality/urbanair/sipstatus/docs/Guidance_on_ provisions referenced in the • Does not provide EPA with the Infrastructure_SIP_Elements_Multipollutant_ submissions or referenced in Nebraska’s discretionary authority to address, as FINAL_Sept_2013.pdf. 3 Federal Implementation Plan for Best Available SIP, EPA believes that Nebraska has the appropriate, disproportionate human Retrofit Technology Determination, 77 FR 40150 infrastructure to address all applicable health or environmental effects, using (July 6, 2012). required elements of sections 110(a)(1) practicable and legally permissible

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methods, under Executive Order 12898 the Federal Register. A major rule matter, Reporting and recordkeeping (59 FR 7629, February 16, 1994). cannot take effect until 60 days after it requirements, Sulfur oxides, Volatile In addition, the SIP is not approved is published in the Federal Register. organic compounds. to apply on any Indian reservation land This action is not a ‘‘major rule’’ as Dated: March 15, 2018. or in any other area where EPA or an defined by 5 U.S.C. 804(2). James B. Gulliford, Indian tribe has demonstrated that a Under section 307(b)(1) of the CAA, tribe has jurisdiction. In those areas of petitions for judicial review of this Regional Administrator, Region 7. Indian country, the rule does not have action must be filed in the United States For the reasons stated in the tribal implications and will not impose Court of Appeals for the appropriate preamble, EPA amends 40 CFR part 52 substantial direct costs on tribal circuit by June 4, 2018. Filing a petition as set forth below: governments or preempt tribal law as for reconsideration by the Administrator specified by Executive Order 13175 (65 of this final rule does not affect the PART 52—APPROVAL AND FR 67249, November 9, 2000). finality of this action for the purposes of PROMULGATION OF The Congressional Review Act, 5 judicial review nor does it extend the IMPLEMENTATION PLANS U.S.C. 801 et seq., as added by the Small time within which a petition for judicial Business Regulatory Enforcement review may be filed, and shall not ■ 1. The authority citation for part 52 Fairness Act of 1996, generally provides postpone the effectiveness of such rule continues to read as follows: that before a rule may take effect, the or action. This action may not be Authority: 42 U.S.C. 7401 et seq. agency promulgating the rule must challenged later in proceedings to submit a rule report, which includes a enforce its requirements. (See section Subpart CC—Nebraska copy of the rule, to each House of the 307(b)(2).) Congress and to the Comptroller General ■ 2. Amend § 52.1420(e) by adding of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 entries ‘‘(32)’’, ‘‘(33)’’ and ‘‘(34)’’ in report containing this action and other Environmental protection, Air numerical order to read as follows: required information to the U.S. Senate, pollution control, Carbon monoxide, the U.S. House of Representatives, and Incorporation by reference, § 52.1420 Identification of Plan. the Comptroller General of the United Intergovernmental relations, Lead, * * * * * States prior to publication of the rule in Nitrogen dioxide, Ozone, Particulate (e) * * *

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Applicable geographic or State submittal Name of nonregulatory SIP provision nonattainment date EPA Approval date Explanation area

******* (32) Section 110(a)(2) Infrastructure Statewide ...... 2/7/13 4/3/2018, [Insert Federal This action addresses the following Requirements for the 2010 NO2 Register citation]. CAA elements 110(a)(2)(A) NAAQS. through (C), (D)(i)(I)—Prongs 1 and 2, (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA–R07–OAR–2017–0477; FRL–9976–09–Region 7]. (33) Section 110(a)(2) Infrastructure Statewide ...... 8/22/13 4/3/2018, [Insert Federal This action addresses the following Requirements for the 2010 SO2 Register citation]. CAA elements 110(a)(2)(A) NAAQS. through (C), (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA–R07–OAR– 2017–0477; FRL–9976–09–Region 7]. (34) Section 110(a)(2) Infrastructure Statewide ...... 2/22/16 4/3/2018 and [Insert Fed- This action addresses the following Requirements for the 2010 PM2.5 eral Register citation]. CAA elements 110(a)(2)(A) NAAQS. through (C), (D)(i)(II)—Prong 3, (D)(ii), (E) through (H), and (J) through (M). [EPA–R07–OAR– 2017–0477; FRL–9976–09–Region 7].

[FR Doc. 2018–06654 Filed 4–2–18; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF HEALTH AND on the NPRM and no comments were Confidential referee and peer reviewer HUMAN SERVICES received on the SORN. No changes to identifying material is contained in the proposed exemptions or to the records such as reference or 45 CFR Part 5b SORN were made as a result of recommendation letters, reviewer [Docket Number NIH–2016–0001] comment received. The NIH research critiques, preliminary or final and development award programs individual overall impact/priority score RIN 0925–AA63 provide funds through contracts, records, and/or assignment of peer cooperative agreements, and grants to Privacy Act; Implementation reviewers to an application and other support biomedical and behavioral evaluative materials and data, which AGENCY: National Institutes of Health research and development projects and referees and peer reviewers provide to (NIH), Department of Health and Human centers, training, career development, the NIH Office of Extramural Research Services (HHS). small business, and loan repayment and (OER) under express promises that they ACTION: Final rule. other research programs. The NIH is will not be identified as the sources of responsible to Congress and the U.S. the information, and which NIH/OER SUMMARY: The Department of Health and taxpayers for carrying out its research compiles solely for the purpose of Human Services (HHS or Department), and development award programs in a determining applicants’ suitability, manner that facilitates research cost- through the National Institutes of Health eligibility, or qualifications for federal (NIH), is issuing this final rule to make effectively and in compliance with contracts, grants, or cooperative effective the exemptions that HHS/NIH applicable statutes, rules and agreements. To the extent that records proposed for a subset of records covered regulations, including 42 U.S.C. 217a, in a new Privacy Act system of records, 281, 282, 41 U.S.C. 423 and 45 CFR part in System No. 09–25–0225 are retrieved System No. 09–25–0225, NIH Electronic 75. The NIH uses an award process that by personal identifiers for individuals Research Administration (eRA) Records relies on checks and balances, other than the referees and reviewers (NIH eRA Records). The new system separation of responsibilities, and a two- (for example, individual applicants), the covers records used in managing NIH level peer review system to ensure that exemptions for the new system will research and development applications funding applications submitted to the enable the agency to prevent, when and awards throughout the award NIH are evaluated in a manner that is appropriate, those individual record lifecycle. The listed exemptions are fair, equitable, timely, and free of bias. subjects from having access to, and necessary to maintain the integrity of The two-level peer review system is other rights under the Privacy Act with the NIH extramural peer review and authorized by 42 U.S.C. 216, 42 U.S.C. respect to, confidential source- award processes, and will enable the 282(b)(6), 42 U.S.C. 284(c)(3), and 42 identifying material in the records. agency to prevent, when appropriate, U.S.C. 289a and governed by regulations Under the Privacy Act (5 U.S.C. 552a), individual record subjects from having at 42 CFR part 52h, ‘‘Scientific Peer individuals have a right of access to access to, and other rights under the Review of Research Grant Applications records about them in federal agency Privacy Act with respect to, confidential and Research and Development Contract systems of records, and other rights with source-identifying material in the Projects.’’ The two-level system respect to those records (such as records. separates the scientific assessment of notification, amendment, and an proposed projects from policy decisions DATES: This final rule is effective April accounting of disclosures), but the Act 3, 2018. about scientific areas to be supported and the level of resources to be permits certain types of systems of FOR FURTHER INFORMATION CONTACT: allocated, which permits a more records (identified in section 552a (j) Celeste Dade-Vinson, NIH Privacy Act objective and complete evaluation than and (k)) to be exempted from certain Officer, Office of Management would result from a single level of requirements of the Act. Subsection Assessment, National Institutes of review. The two-level review system is (k)(5) permits the head of an agency to Health, 6011 Executive Boulevard, Suite designed to provide NIH officials with promulgate rules to exempt from the 601, MSC 7669, Rockville, Maryland the best available advice about scientific requirements in subsections (c)(3) and 20852, telephone 301–496–4606, fax and technical merit as well as program (d)(1) through (4) of the Act 301–402–0169, email privacy@ priorities and policy considerations. investigatory material compiled solely mail.nih.gov. The initial or first level review involves for the purpose of determining SUPPLEMENTARY INFORMATION: In panels of experts established according suitability, eligibility, or qualifications accordance with the Privacy Act of 1974 to scientific disciplines, generally for Federal contracts, to the extent that (Privacy Act), the exemptions were referred to as Scientific Review Groups the disclosure of such material would described in a Notice of Proposed (SRGs), whose primary function is to reveal the identity of a source who Rulemaking (NPRM) published for evaluate the scientific merit of grant furnished information to the public notice and comment on applications. The second level of review Government under an express promise December 8, 2016 (81 FR 88637). The of grant applications is performed by that the identity of the source would be new system of records was described in National Advisory Boards or Councils held in confidence. a System of Records Notice (SORN) composed of both scientific and lay published for public notice and representatives. The recommendations On December 8, 2016, HHS/NIH comment the same day (81 FR 88690). made by these Boards or Councils are published a System of Records Notice Only certain confidential source- based not only on considerations of (SORN) describing the new system (81 identifying information was proposed to scientific merit as judged by the SRG FR 88690). On the same date, HHS/NIH be exempted, from the accounting of but also on the relevance of a proposed also published a Notice of Proposed disclosures, access and amendment, and project to the programs and priorities of Rulemaking (NPRM) (81 FR 88637) notification provisions in subsections the NIH. Referees are those individuals proposing to exempt a subset of records (c)(3) and (d)(1) through (4) of the who supply reference or other letters of in the system of records under Privacy Act, based on subsection (k)(5) recommendations for a grant or subsection (k)(5) of the Privacy Act from of the Act. One comment was received cooperative agreement applicant. requirements pertaining to providing an

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accounting of disclosures, access and review proceeding, to avoid (4)), based on the specific rationales amendment, and notification (5 U.S.C. inappropriately revealing the identity of indicated above: 552a(c)(3) and (d)). The comment period any referee or peer reviewer source who Material that would inappropriately reveal for the SORN and NPRM was open was expressly promised confidentiality. the identities of referees who provide letters through February 6, 2017. The Agency Protecting confidential referee and peer of recommendation and peer reviewers who received one comment and reviewer identifying material from provide written evaluative input and recommendation on the NPRM during inappropriate access by record subjects recommendations to NIH about particular the rulemaking comment period. The is necessary for the integrity of the peer funding applications under an express comment applauded HHS/NIH’s efforts review process to ensure such sources promise by the government that their identities in association with the written to exempt information contained within provide candid assessments or work products they authored and provided to the system of records as specified in this evaluations to the government without the government will be kept confidential; this section of the notice. The commenter fear that their identities as linked to a includes only material that would reveal a recommended that the Agency reassess specific work product will be particular referee or peer reviewer as the information contained within the inappropriately revealed. Allowing an author of a specific work product (e.g., system of records on a recurrent basis to individual applicant or other individual reference or recommendation letters, ensure that relevant records are who is the subject of an assessment or reviewer critiques, preliminary or final appropriately treated as exempt from individual overall impact/priority scores, evaluation to access material that would and/or assignment of peer reviewers to an the Privacy Act provisions in question. inappropriately reveal a confidential application and other evaluative materials After considering the comment and referee or peer reviewer source could and data compiled by NIH/OER); it includes recommendation, HHS/NIH believes the interfere with or compromise the not only an author’s name but any content exemptions are necessary to maintain objectivity and fairness of grant and that could enable the author to be identified the integrity of the NIH extramural peer contract review proceedings, constitute from context. review and award processes. Protecting an unwarranted invasion of the personal Notwithstanding the exemptions, referee and peer reviewer identities as privacy of the source and violate the consideration will be given to any the sources of the information they express promise of confidentiality made requests for notification, access, and provide protects them from harassment, to the source. amendment that are addressed to the intimidation, and other attempts to • Subsections (d)(2) through (d)(4). System Manager, as provided in the improperly influence award outcomes, An exemption from the amendment SORN for system of records 09–25– and ensures that they are not reluctant provisions is necessary while one or 0225, and to accounting of disclosure to provide sensitive information or frank more related grant and/or contract requests. assessments to the government under an review proceedings are pending, but The Federal Register notice express promise that their identities as only if and to the extent that disclosure containing the SORN proposed for new sources would be held in confidence. of information in the amendment system of records 09–25–0225 (81 FR Case law has held that exemptions request process would inappropriately 88690, published December 8, 2016) promulgated under subsection (k)(5) reveal the identity of any referee or peer provides for that SORN to be effective may protect source-identifying material reviewer source who was expressly upon publication of this final rule. No even where the identity of the source is promised confidentiality. This changes were made to the SORN as a known. exemption will be limited to allowing result of public comments and, The specific rationales that support the agency, when processing an therefore, the SORN, as published at 81 the exemptions, as to each affected FR 88690, is now effective. Privacy Act provision, are as follows: amendment or correction request by an • Subsection (c)(3). An exemption individual applicant or other individual Analysis of Impacts from the requirement to provide an who is the subject of an evaluation or assessment in a pending proceeding, to I. Review Under Executive Orders accounting of disclosures to record 12866, 13563, and 13771 subjects is needed to protect the identity avoid disclosing the existence of the of any referee or peer reviewer source record and its contents, if doing so The agency has reviewed this rule who is expressly promised would inappropriately reveal the under Executive Orders 12866 and confidentiality. Release of an accounting identity of any referee or peer reviewer 13563, which direct agencies to assess of disclosures to an individual who is source who was expressly promised costs and benefits of available regulatory related to the application under confidentiality. Inappropriately alternatives and, if regulation is assessment or evaluation could identify revealing the identity of a confidential necessary, to maximize the net benefits. particular referees and peer reviewers as referee or peer reviewer source to an The agency believes that this rule is not sources of recommendations or individual applicant or other individual a significant regulatory action under evaluative input received, or to be who is the subject of an evaluation or Executive Order 12866, and therefore received, on the application. assessment in a pending proceeding does not constitute an Executive Order Inappropriately revealing their could interfere with that proceeding, 13771 regulatory action, because it will identities in association with the nature would constitute an unwarranted not (1) have an annual effect on the and scope of their assessments or invasion of the personal privacy of a economy of $100 million or more or evaluations and could lead them to alter source, or would violate the express adversely affect in a material way the or destroy their assessments or promise of confidentiality made to the economy, a sector of the economy, evaluations or subject them to source. productivity, competition, jobs, the harassment, intimidation, or other Accordingly, pursuant to 5 U.S.C. environment, public health or safety, or improper influences, which would 552a(k)(5), the agency is now exempting state, local or tribal governments or impede or compromise the fairness and the following source-identifying communities; (2) create a serious objectivity of the grant or contract material in system of records 09–25– inconsistency or otherwise interfere review process. 0225 NIH eRA Records from the with an action taken or planned by • Subsection (d)(1). An exemption accounting, access, amendment and another agency; (3) materially alter the from the access requirement is needed notification provisions of the Privacy budgetary impact of entitlements, both during and after a grant or contract Act (paragraphs (c)(3) and (d)(1) through grants, user fees or loan programs, or the

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rights and obligations of recipients V. Review Under Executive Order SUMMARY: In this document, the thereof; or (4) raise novel legal or policy 13132, Federalism Commission reconsiders rules adopted issues arising out of legal mandates, the This rule will not have any direct in the Rate-of-Return Reform Order. President’s priorities, or the principles effects on the States, on the relationship Specifically, the Commission replaces set forth in Executive Order 12866. This between the National Government and the surrogate cost methods for rule renders certain Privacy Act the States, or on the distribution of Consumer Only Broadband Loops, requirements inapplicable to certain power and responsibilities among the revises CBOL imputation rules, and agency records (in this case, certain various levels of government. Therefore, lastly, clarifies matters concerning confidential source-identifying records the requirements of Executive Order reductions in the Connect America in NIH research and development award 13132 are inapplicable. Fund Broadband Loop Support. Further records) in accordance with criteria review of the record supports the established in subsection (k)(5) of the List of Subjects in 45 CFR Part 5b adjustments, and further promotes the Privacy Act (5 U.S.C. 552a(k)(5)), based Privacy. Commission’s goals of providing certainty and stability for carriers and on a showing that agency compliance For the reasons set out in the continued consumer access to advanced with those Privacy Act requirements preamble, the Department amends part telecommunications and information with respect to those records would 5b of title 45 of the Code of Federal services. harm the effectiveness or integrity of the Regulations as follows: agency function or process for which DATES: Effective May 3, 2018. the records are maintained (in this case, PART 5b—PRIVACY ACT FOR FURTHER INFORMATION CONTACT: NIH research and development award REGULATIONS Victoria Goldberg, Wireline Competition processes). ■ Bureau, Pricing Policy Division at (202) 1. The authority citation for part 5b 418–1540 or at Victoria.goldberg@ II. Review Under the Regulatory continues to read as follows: fcc.gov. Flexibility Act (5 U.S.C. 601–612) Authority: 5 U.S.C. 301, 5 U.S.C. 552a. SUPPLEMENTARY INFORMATION: This is a The Regulatory Flexibility Act ■ 2. Amend § 5b.11 by: summary of the Commission’s Second requires agencies to analyze regulatory ■ a. Removing ‘‘and,’’ from the end of Order on Reconsideration and options that would minimize any paragraph (b)(2)(iv)(A); Clarification, WC Docket Nos. 10–90 significant regulatory impacts of a rule ■ b. Removing the period at the end of and 14–58, CC Docket No. 01–92; FCC on small entities. Because the rule paragraph (b)(2)(iv)(B) and adding ‘‘; 18–13, released on February 16, 2018. A imposes no duties or obligations on and’’ in its place; and full-text copy of this document may be small entities, we have determined, and ■ c. Adding paragraph (b)(2)(iv)(C). obtained at the following internet the Director certifies, that the rule will The addition reads as follows: address: https://apps.fcc.gov/edocs_ public/attachmatch/FCC-18-13A1.docx. not have a significant economic impact § 5b.11 Exempt systems. on a substantial number of small * * * * * Synopsis entities. (b) * * * I. Introduction III. Review Under the Unfunded (2) * * * 1. By the Second Order on Mandates Reform Act of 1995 (Section (iv) * * * Reconsideration and Clarification 202, Pub. L. 104–4) (C) NIH Electronic Research Administration (eRA) Records, HHS/ (Order), we reconsider rules adopted in Section 202(a) of the Unfunded NIH/OD/OER, 09–25–0225. the Rate-of-Return Reform Order relating to rate-of-return local exchange Mandates Reform Act of 1995 requires * * * * * that agencies prepare a written carriers’ (LECs) provision of consumer statement, which includes an Dated: February 5, 2018. broadband-only loops (CBOLs). First, assessment of anticipated costs and Francis S. Collins, we revise our rules to replace the benefits, before proposing ‘‘any rule that Director, National Institutes of Health. surrogate cost method for determining includes any Federal mandate that may Approved: March 28, 2018. the cost of CBOLs with rules employing result in the expenditure by State, local, Alex M. Azar II, existing separations and cost allocation and tribal governments, in the aggregate, Secretary, Department of Health and Human procedures. Second, we revise the rule or by the private sector, of $100,000,000 Services. requiring rate-of-return carriers to impute on CBOLs an amount equal to or more (adjusted annually for inflation) [FR Doc. 2018–06676 Filed 4–2–18; 8:45 am] the Access Recovery Charge (ARC) that in any one year.’’ The current threshold BILLING CODE 4140–01–P could have been assessed on a voice or after adjustment for inflation is $144 voice/broadband line to better million, using the most current (2015) implement our intent to maintain the Implicit Price Deflator for the Gross FEDERAL COMMUNICATIONS balance between end user charges and Domestic Product. The agency does not COMMISSION universal service adopted in the USF/ expect that this final rule would result 47 CFR Parts 51, 54, and 69 ICC Transformation Order. Finally, we in any 1-year expenditure by State, clarify two matters pertaining to local, and tribal governments that would [WC Docket Nos. 10–90, 14–58; CC Docket reductions in Connect America Fund meet or exceed this amount. No. 01–92; FCC 18–13] Broadband Loop Support (CAF BLS) IV. Review Under the Paperwork due to competitive overlap. Making Developing a Unified Intercarrier these adjustments to the rules for rate- Reduction Act of 1995 (44 U.S.C. 35–1 Compensation Regime et seq.) of-return carriers serves the AGENCY: Federal Communications Commission’s goals of providing more This rule does not contain any Commission. certainty and stability for carriers information collection requirements investing for the future, thereby ACTION: Final rule. subject to the Paperwork Reduction Act. ensuring that all consumers have access

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to advanced telecommunications and more than intended; indeed, in the methodologies to ‘‘disaggregate’’ its information services. worst case scenario, rates would have support into competitive census blocks been reduced to zero. Concluding that it (in which support would be eliminated) II. Background would be unreasonable to apply the and non-competitive census blocks (in 2. In the Rate-of-Return Reform Order, surrogate method in such which support would not be the Commission revised its approach to circumstances, the Wireline eliminated). The Commission further providing universal service support to Competition Bureau (Bureau) granted a adopted a plan for transitioning support rate-of-return LECs. The Commission limited waiver of sections 69.311 and reductions for areas subject to adopted a voluntary path under which 69.416 of the Commission’s rules in competitive overlap. rate-of-return carriers could elect model- cases where use of the surrogate cost III. Discussion based support for a term of 10 years in method would result in such exchange for meeting defined build-out unintended rate reductions. The Bureau 8. Upon review of the record, we obligations. For carriers not electing granted a similar limited waiver of the modify our rules by replacing the model-based support, among other rules concerning use of the surrogate surrogate cost method for determining things, the Commission modernized the cost method for the 2017 annual access the cost of CBOLs and revise the rule existing interstate common line support charge tariff filing, and any later tariff requiring rate-of-return carriers to rules to provide support in situations filings related to the development of the impute an amount equal to the ARC that where customers subscribe to stand- CBOL revenue requirement. could have been assessed on a voice or alone broadband service, instead of 5. In the Rate-of-Return Reform Order, voice/broadband line. We also clarify traditional regulated local exchange the Commission also adopted a rule two matters pertaining to the manner in voice service. requiring that rate-of-return carriers which competitive overlap can lead to 3. To implement the provision of impute an amount equal to the ARC on a reduction in CAF BLS. These actions universal service support for stand- CBOL service as part of the process of will further advance our goal of alone broadband, the Commission calculating their CAF ICC Support. The ensuring deployment of advanced defined a new type of service that Commission anticipated the migration telecommunications and information would receive such support—CBOL of some end users from their current services networks throughout ‘‘all service. Because CBOL costs were voice/broadband offerings to supported regions of the nation.’’ included in the Special Access category broadband-only lines due to increased A. Replacing the Surrogate Method by the separations and Part 69 cost affordability of these services. It allocation rules, the Commission recognized that as such migration 9. First, we revise sections 69.311 and required carriers to shift CBOL costs occurred, the reduction in the number 69.416 as set forth in the Appendix to from the Special Access category to a of ARC-eligible lines would require determine CBOL costs from the Part 36 new CBOL category. The goal was to carriers to recover more from CAF ICC and Part 69 cost studies without using avoid including such CBOL costs in the support. To help maintain the careful a surrogate method. While the surrogate determination of just and reasonable balance between end-user charges and method produced CBOL cost estimates rates for special access services and to universal service support adopted in the in the expected ranges for many, if not develop the support mechanism and USF/ICC Transformation Order, the most, carriers, in other situations the tariff rates for CBOL service. Reasoning Commission adopted the ARC estimates were problematic. For a few that CBOL costs were similar to imputation rule for CBOL service. Those carriers, particularly those that elected common line costs, the Commission rules do not distinguish between to freeze their separations category decided to use common line costs as a carriers’ revenue from new and existing relationships, use of the surrogate surrogate for identifying the CBOL costs broadband only loop subscribers. method would have eliminated the to be shifted from the Special Access 6. NTCA—The Rural Broadband Special Access revenue requirement category to the CBOL category for each Association filed a petition asking the thereby requiring carriers to offer CBOL. This process is referred to as the Commission to reconsider portions of special access services at no charge. The ‘‘surrogate method.’’ The surrogate the Rate-of-Return Reform Order. costs shifted to the CBOL category are method included the broadest definition Among other things, NTCA asks that the also an input into the amount of CAF of loop costs feasible based on the Commission reconsider the surrogate BLS a carrier is eligible to receive; Commission’s then-current cost method for estimating CBOL costs, and accordingly, this over-allocation would accounting rules. It also was intended to instead adopt a more cost-based have had the unintended effect of identify those costs in an expansive method. NTCA also requests that the increasing the projected revenue manner, to segregate the broadband-only Commission reconsider the ARC requirement for CAF BLS. Because use loop investment and expenses from imputation rule and grandfather stand- of the surrogate method does not result other special access costs currently alone broadband connections in place as in an appropriate cost allocation for included in the Special Access category, of September 30, 2011 from imputation some rate-of-return carriers, we now and to preclude cross-subsidization. The of the ARC amounts. reconsider and adopt a different Commission recognized, however, that 7. Further, the Commission also approach for identifying CBOL costs it might be appropriate to revisit the adopted rules in the Rate-of-Return that should be shifted from the Special surrogate method in the future if it was Reform Order to eliminate CAF BLS in Access category to the CBOL category not working as intended. census blocks served by an commencing with the 2018 annual 4. In the course of implementing the unsubsidized competitor. The access charge tariff filings. new rules and carrier introduction of Commission recognized that the census 10. We find the approach suggested the new CBOL service, it became blocks served by an unsubsidized by NTCA to be a significantly better apparent that, in certain limited competitor are likely to be lower cost approach than the surrogate method. situations, the surrogate cost areas, as compared to the other census NTCA proposes that the Commission methodology over-allocated costs out of blocks in the carrier’s study area. revise section 69.311(b) to specify that the Special Access category, thereby Accordingly, the Commission provided broadband-only investment shall equal reducing the revenue requirement and that a carrier subject to competitive the amount of broadband-only loop resulting special access services rates overlap may elect one of three investment included in CWF Category 2

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Wideband and COE Category 4.11 beginning July 1, 2018. Such carriers carrier’s CAF ICC support will be Wideband Exchange Line Circuit have already completed the cost studies reduced by the ARC imputation on Equipment, and related reserves and necessary for developing data related to CBOLs only if a carrier’s maximum other investment, assigned to interstate support amounts and access rates for assessable ARCs and imputed CBOL special access pursuant to Parts 36 and tariff year 2017 and the Second Cost ARCs falls short of the baseline amount. 69 of the Commission’s rules. It further Surrogate Waiver Order mitigated the We revise section 51.917(f) of the proposes that broadband-only loop most significant short-term concerns Commission’s rules to explain the expenses should then be determined by with the surrogate method. Moreover, process for making the necessary reference to such investments. We note the changes we adopt largely reflect comparisons and any resulting that the National Exchange Carrier longer-term considerations. Making the imputation on CBOLs. Association (NECA) supported a similar revisions to these rules applicable 17. The revisions to section 51.917(f) concept for moving forward. No party beginning July 1, 2018 allows carriers to rules will take effect on July 1, 2018, the has opposed this approach. plan for these changes as part of the date that the upcoming annual access 11. Rate-of-return carriers, other than next annual access tariff filings. tariffs will take effect. This effective average schedule carriers and those that date will simplify implementation and elected to freeze their separations B. ARC Imputation avoid any complications that would category relationships, perform cost 14. Upon further consideration, we occur as a result of a need to true-up studies to implement the Part 36 and 69 also revise, effective for a period of five such amounts in 2019. All rate-of-return cost allocations in the process of years, section 51.917(f) of our rules to carriers must reflect the effects of these establishing interstate access rates. The address NTCA’s concern that, under the rule revisions in their Tariff Review approach proposed by NTCA and existing rule, a carrier’s CAF ICC Plans for the June 2018 annual access supported by NECA would use existing support is reduced because of the charge tariff filings. We adopt NTCA’s cost categories and allocation imputation of an amount on CBOLs that recommendation to sunset section procedures to identify the costs shifted was not part of the balance struck in the 51.917(f)(5), the provision implementing to the CBOL category. Because this USF/ICC Transformation Order. NTCA our revisions to the imputation approach takes the actual costs from the argues that ‘‘[a] standalone broadband requirement, after five years. We believe cost studies into consideration rather connection in place as of September 30, that such a limitation is warranted in than using common line costs as a 2011 was never included within the light of our currently-limited experience surrogate, it should produce a more CAF–ICC baseline and thus was not part with CAF-supported CBOL-based accurate means of identifying and of the ‘careful balancing’ that went into service. We will monitor the effects of allocating these costs. Under this establishing the mechanism.’’ Other section 51.917(f)(5) during that period approach, carriers can identify and track parties support reconsideration of the and take further action as necessary. CBOL investment costs that are directly ARC imputation rule and the solution 18. We reject the grandfathering assigned to the Special Access category, proposed by NTCA. approach suggested by NTCA. That as well as track indirect costs to the new 15. We agree with NTCA that our approach raises unnecessarily CBOL category. Once investments are focus on reconsideration should be on complicated administrative issues with assigned, the existing rules provide the goal of balancing end-user and respect to the determination and procedures for allocating expenses universal service support adopted in the verification of the number of stand- among categories in a consistent manner USF/ICC Transformation Order. The alone broadband lines in service on that will allow carriers to determine the ARC imputation for CBOLs was September 30, 2011. We also question expenses associated with CBOL services intended to ensure that new support for whether a simple frozen number of lines and shift them to the CBOL category. In CBOLs would not unduly increase CAF is the best approach since some addition to producing more accurate ICC. Although the ARC imputation turnover would be expected over time. results, using the current cost study achieves that goal, we agree with NTCA For these reasons, we decline to adopt process minimizes the burden on that, as implemented, the ARC the grandfathering solution suggested by carriers and the likelihood of cost imputation may unduly penalize rate-of- NTCA. variability and distortions in future return carriers that offered stand-alone C. Clarification of Competitive Overlap years. broadband connections before the Rate- 12. While NTCA proposes specific of-Return Reform Order. As such, we Procedures assignment categories—separations believe adjusting the ARC imputation 19. In addition to the issues on category 2.1, cable and wire facilities, calculation is appropriate. At the same reconsideration addressed above, we and category 4.1.1, circuit equipment— time, however, we are mindful of the also clarify two matters related to we find that the better approach is to be concerns raised by NTCA regarding the reductions in support due to the less specific concerning permitted cost need to ensure that any exemption that competitive overlap procedure adopted categories. The Federal-State Joint Board we create ‘‘be properly targeted and in the Rate-of-Return Reform Order. on Jurisdictional Separations is limit potential adverse impacts on 20. First we clarify the reduction considering reforms of the separations carriers that do not qualify for such an amounts associated with the second procedures that have been frozen since exemption.’’ disaggregation method. In the Rate-of- 2000. More generic rule language will 16. We limit the ARC imputation Return Reform Order, the Commission simplify harmonization of any reforms amount so that the total ARC revenues published a table showing the adopted in that proceeding with the cost and imputation for the current tariff ‘‘reduction ratio’’ for specified allocation rules in Part 69. Therefore, period will not exceed a pre-Rate-of- ‘‘competitive ratios’’ (i.e., the ratio of the new rules will require rate-of-return Return Reform Order baseline as a result competitive square miles to non- carriers to use direct assignment of CBOL imputation. Specifically, we competitive square miles in a study principles to the extent possible before set the baseline as the ARC revenues area). While the table sets forth a precise making any indirect allocations. from the most recent tariff period prior reduction ratio for each competitive 13. Rate-of-return carriers shall use to the effective date of the CBOL ratio that was listed, it did not clearly the revised procedures for determining imputation rule (tariff year 2015–16). reflect the intent of the Commission broadband-only line costs to be shifted Under this approach, a rate-of-return with respect to the reduction ratios that

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should apply to competitive ratios in Government Accountability Office on Reconsideration and Clarification is between the specified competitive pursuant to the Congressional Review adopted, effective thirty (30) days after ratios. The table below fills in the gaps Act, see 5 U.S.C. 801(a)(1)(A). publication of the text or summary in accordance with the Commission’s thereof in the Federal Register. C. Final Regulatory Flexibility 28. It is further ordered that Parts 51, clear intent and replaces the table in the Certification Rate-of-Return Reform Order. 54, and 69 of the Commission’s rules, 47 24. The Regulatory Flexibility Act of CFR parts 51, 54, and 69, are amended Competitive ratio Reduction 1980, as amended (RFA), requires as set forth in the Appendix, and such agencies to prepare a regulatory rule amendments shall be effective But no more flexibility analysis for rulemaking More than than Ratio thirty (30) days after publication of the (%) (%) (%) proceedings, unless the agency certifies rules amendments in the Federal that ‘‘the rule will not have a significant Register. 0 ...... 20 N/A economic impact on a substantial 29. It is further ordered that the 20 ...... 25 3.3 number of small entities.’’ The RFA Commission shall send a copy of this 25 ...... 30 6.7 generally defines ‘‘small entity’’ as Second Order on Reconsideration and 30 ...... 35 10.0 having the same meaning as the terms Clarification to Congress and the 35 ...... 40 13.3 ‘‘small business,’’ ‘‘small organization,’’ Government Accountability Office 40 ...... 45 16.7 and ‘‘small governmental jurisdiction.’’ 45 ...... 50 20.0 pursuant to the Congressional Review 50 ...... 55 25.0 In addition, the term ‘‘small business’’ Act, see 5 U.S.C. 801(a)(1)(A). 55 ...... 60 30.0 has the same meaning as the term 30. It is further ordered, that the 60 ...... 65 35.0 ‘‘small business concern’’ under the Commission’s Consumer and 65 ...... 70 40.0 Small Business Act. A small business Governmental Affairs Bureau, Reference 70 ...... 75 45.0 concern is one which: (1) Is Information Center, shall send a copy of 75 ...... 80 50.0 independently owned and operated; (2) this Second Order on Reconsideration 80 ...... 85 62.5 is not dominant in its field of operation; and Clarification, including the Final 85 ...... 90 75.0 and (3) satisfies any additional criteria Regulatory Flexibility Certification, to 90 ...... 95 87.5 established by the Small Business the Chief Counsel for Advocacy of the 95 ...... 100 100 Administration (SBA). Small Business Administration. 25. This Order amends rules adopted 31. It is further ordered that the 21. Second, in discussing the in the Rate-of-Return Reform Order by Petition for Reconsideration and/or transition to support reductions and in replacing the surrogate cost method for Clarification of NTCA—The Rural the associated rule, the Commission calculating the costs of Consumer Broadband Association filed May 25, referred to the transition schedule Broadband-only Loops (CBOLs) and 2016, is granted in part as described where the CAF BLS subject to revising the Access Recovery Charge herein. competitive overlap is ‘‘more than 25 (ARC) imputation rules for CBOLs. percent’’ of total CAF BLS. This List of Subjects These revisions do not create any reference was in contrast to areas burdens, benefits, or requirements that 47 CFR Part 51 ‘‘where the reduction of CAF BLS from were not addressed by the Final competitive census block(s) represents Communications common carriers, Regulatory Flexibility Analysis attached less than 25 percent of the total CAF Telecommunications. to the Rate-of-Return Reform Order. BLS support the carrier would have Therefore, we certify that the rule 47 CFR Part 54 received in the study area in the absence revisions adopted in this Second Order Communications common carriers, of this rule.’’ To prevent a gap when the on Reconsideration and Clarification Health facilities, Infants and children, reduction is exactly 25 percent, we will not have a significant economic Internet, Libraries, Reporting and clarify that that schedule applies where impact on a substantial number of small recordkeeping requirements, Schools, the CAF BLS subject to competitive entities. Telecommunications, Telephone. overlap is 25 percent or more of total 26. The Commission will send a copy CAF BLS, and modify section 54.319(g) of the Second Order on Reconsideration 47 CFR Part 69 to reflect that clarification. and Clarification, including a copy of Communications common carriers, IV. Procedural Matters this Final Certification, in a report to Reporting and recordkeeping Congress pursuant to the Congressional requirements, Telephone. A. Paperwork Reduction Act Analysis Review Act. In addition, the Second Federal Communications Commission. 22. This document does not contain Order on Reconsideration and Katura Jackson, new or modified information collection Clarification and this Final Certification requirements subject to the Paperwork will be sent to the Chief Counsel for Federal Register Liaison Officer, Office of the Secretary. Reduction Act of 1995 (PRA), Public Advocacy of the SBA, and will be Law 104–13. Therefore, it does not published in the Federal Register. Final Rules contain any new or modified V. Ordering Clauses For the reasons discussed in the information collection burdens for small preamble, the Federal Communications 27. Accordingly, it is ordered, business concerns with fewer than 25 Commission amends 47 CFR parts 51, pursuant to the authority contained in employees, pursuant to the Small 54 and 69 as follows: Business Paperwork Relief Act of 2002, sections 1, 2, 4(i), 205, 214, 218–220, Public Law 107–198, see 44 U.S.C. 251, 252, 254, 256, 303(r), 332, 403, and PART 51—INTERCONNECTION 3506(c)(4). 405 of the Communications Act of 1934, as amended, and section 706 of the ■ 1. The authority citation for part 51 B. Congressional Review Act Telecommunications Act of 1996, 47 continues to read as follows: 23. The Commission will send a copy U.S.C. 151, 152, 154(i), 155, 205, 214, Authority: 47 U.S.C. 151–55, 201–05, 207– of this Second Order on Reconsideration 218–220, 251, 252, 254, 256, 303(r), 332, 09, 218, 220, 225–27, 251–54, 256, 271, and Clarification to Congress and the 403, 405, 1302, that this Second Order 303(r), 332, 1302.

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■ 2. Amend § 51.917 by revising the first ■ 4. Amend § 54.319 by revising Consumer Broadband-Only Loop sentence of paragraph (f)(4) and adding paragraph (g) introductory text to read category. paragraph (f)(5) to read as follows: as follows: [FR Doc. 2018–06488 Filed 4–2–18; 8:45 am] § 51.917 Revenue recovery for Rate-of- § 54.319 Elimination of high-cost support BILLING CODE 6712–01–P Return Carriers. in areas with 100 percent coverage by an * * * * * unsubsidized competitor. (f) * * * * * * * * DEPARTMENT OF THE INTERIOR (4) Except as provided in paragraph (g) For any incumbent local exchange Fish and Wildlife Service (f)(5) of this section, a Rate-of-Return carrier for which the disaggregated Carrier must impute an amount equal to support for competitive census blocks 50 CFR Part 17 the Access Recovery Charge for each represents 25 percent or more of the Consumer Broadband-Only Loop line support the carrier would have received [Docket No. FWS–R4–ES–2017–0017; that receives support pursuant to in the study area in the absence of this 4500030113] § 54.901 of this chapter, with the rule, support shall be reduced for each RIN 1018–BB45 imputation applied before CAF–ICC competitive census block according to recovery is determined. * * * the following schedule: Endangered and Threatened Wildlife (5) Notwithstanding paragraph (f)(4) * * * * * and Plants; Threatened Species Status of this section, commencing July 1, 2018 for Yellow Lance and ending June 30, 2023, the maximum PART 69—ACCESS CHARGES total dollar amount a carrier must AGENCY: Fish and Wildlife Service, impute on supported consumer ■ 5. The authority citation for part 69 Interior. broadband-only loops is limited as continues to read as follows: ACTION: Final rule. follows: Authority: 47 U.S.C. 154, 201, 202, 203, (i) For the affected tariff year, the SUMMARY: 205, 218, 220, 254, 403. We, the U.S. Fish and carrier shall compare the amounts in Wildlife Service (Service), determine ■ paragraphs (f)(5)(i)(A) and (B) of this 6. Amend § 69.311 by revising the threatened species status under the section. introductory text of paragraph (b) and Endangered Species Act of 1973, as (A) The sum of the revenues from adding paragraph (c) to read as follows: amended (ESA or Act), for yellow lance projected Access Recovery Charges § 69.311 Consumer Broadband-Only Loop (Elliptio lanceolata), a mussel species assessed pursuant to paragraph (e) of investment. from Maryland, Virginia, and North this section, any amounts imputed Carolina. The effect of this regulation pursuant to paragraph (f)(2) of this * * * * * (b) Until June 30, 2018, the consumer will be to add this species to the List of section, and any imputation pursuant to Endangered and Threatened Wildlife. paragraph (f)(4) of this section. broadband-only loop investment to be DATES: (B) The sum of the revenues from removed from the special access This rule is effective May 3, Access Recovery Charges assessed category shall be determined using the 2018. pursuant to paragraph (e) of this section following estimation method. ADDRESSES: This final rule is available and any amounts imputed pursuant to * * * * * on the internet at http:// paragraph (f)(2) of this section for tariff (c) Beginning July 1, 2018, each www.regulations.gov in Docket No. year 2015–16, after being trued-up. carrier shall determine, consistent with FWS–R4–ES–2017–0017 and https:// (ii) If the amount determined in the Part 36 and Part 69 cost allocation www.fws.gov/southeast/. Comments and paragraph (f)(5)(i)(A) of this section is rules, the amount of Consumer materials we received, as well as greater than the amount determined in Broadband-Only Loop investment and supporting documentation we used in paragraph (f)(5)(i)(B), the sum of the related reserves and other investment preparing this rule, are available for revenues from projected Access assigned to the interstate Special Access public inspection at http:// Recovery Charges assessed pursuant to category that is to be shifted to the www.regulations.gov. Comments, paragraph (e) of this section and any Consumer Broadband-Only Loop materials, and documentation that we amounts imputed pursuant to paragraph category. considered in this rulemaking will be (f)(2) of this section for the affected year ■ 7. Amend § 69.416 by revising the available by appointment, during must be compared to the amount introductory text of paragraph (b) and normal business hours at: U.S. Fish and determined in paragraph (f)(5)(ii)(B) of adding paragraph (c) to read as follows: Wildlife Service, Raleigh Ecological this section. Services Field Office, 551F Pylon Drive, (A) If the former amount is greater § 69.416 Consumer Broadband-Only Loop Raleigh, NC 27606; 919–856–4520. expenses. than the latter amount, no imputation is FOR FURTHER INFORMATION CONTACT: Pete made on Consumer Broadband-Only * * * * * Benjamin, Field Supervisor, U.S. Fish Loops. (b) Until June 30, 2018, the consumer and Wildlife Service, Raleigh Ecological (B) If the former amount is equal to or broadband-only loop expenses to be Services Field Office, 551F Pylon Drive, less than the latter amount, the removed from the special access Raleigh, NC 27606 or telephone 919– imputation on Consumer Broadband- category shall be determined using the 856–4520. Persons who use a Only Loops is limited to the difference following estimation method. telecommunications device for the deaf between the two amounts. * * * * * (TDD) may call the Federal Relay PART 54—UNIVERSAL SERVICE (c) Beginning July 1, 2018, each Service at 800–877–8339. carrier shall determine, consistent with SUPPLEMENTARY INFORMATION: ■ 3. The authority citation for part 54 the Part 36 and Part 69 cost allocation continues to read as follows: rules, the amount of Consumer Supporting Documents Authority: 47 U.S.C. 151, 154(i), 155, 201, Broadband-Only Loop expenses A species status assessment (SSA) 205, 214, 219, 220, 254, 303(r), 403, and 1302 assigned to the interstate Special Access team prepared an SSA report for the unless otherwise noted. category that are to be shifted to the yellow lance. The SSA team was

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composed of Service biologists, in proposal by June 5, 2017. We also (2) Comment: One peer reviewer consultation with other species experts. contacted appropriate Federal and State suggested we use data from flow gauges The SSA report represents a agencies, scientific experts and to measure water availability for the compilation of the best scientific and organizations, and other interested time period identified. commercial data available concerning parties and invited them to comment on Our Response: Gauge data are not the status of the species, including the the proposal. We did not receive any consistently available for all locations in impacts of past, present, and future requests for a public hearing. All the analysis. Drought maps were used to factors (both negative and beneficial) substantive information provided give an overall (rangewide) impression affecting the yellow lance. The SSA during the comment period has either about climate-related influences on the report underwent independent peer been incorporated directly into this final population. review by scientists with expertise in determination or addressed below. (3) Comment: One peer reviewer mussel biology, habitat management, wanted more information on how the Peer Reviewer Comments and stressors (factors negatively Active River Areas (ARAs) were affecting the species) to the species. The In accordance with our peer review delineated. SSA report, proposed rule, and other policy published on July 1, 1994 (59 FR Our Response: An ARA is a pre- materials relating to this rule can be 34270), and our August 22, 2016, defined/delineated shapefile made found on the Southeast Region website memorandum updating and clarifying available by The Nature Conservancy at https://www.fws.gov/southeast/ and the role of peer review actions under the (TNC). The ARA framework is a at http://www.regulations.gov under Act, we solicited expert opinion from 13 spatially explicit characterization? of Docket No. FWS–R4–ES–2017–0017. knowledgeable individuals with rivers that includes both the channels scientific expertise that included and the riparian lands necessary to Previous Federal Action familiarity with yellow lance and its accommodate the physical and Please refer to the proposed listing habitat, biological needs, and threats. ecological processes associated with the rule for the yellow lance (82 FR 16559; We received responses from seven of the river system. The ARA includes April 5, 2017) for a detailed description peer reviewers. material contribution areas, meander of previous Federal actions concerning We reviewed all comments received belts, floodplains, terraces, and riparian this species. from the peer reviewers for substantive wetlands. For more information, see: https://www.conservationgateway.org/ Background issues and new information regarding the information contained in the SSA ConservationByGeography/ Please refer to the proposed listing Report. The peer reviewers generally NorthAmerica/UnitedStates/edc/ rule for the yellow lance and the SSA _ _ _ concurred with our methods and Documents/ED freshwater ARA Report for a full summary of species conclusions and provided additional NE2008.pdf. information. Both are available on the information, clarifications, and (4) Comment: One peer reviewer Southeast Region website at https:// suggestions to improve the final SSA stated that we should have completed a www.fws.gov/southeast/ and at http:// Report. Peer reviewer comments are PECE analysis on the conservation www.regulations.gov under Docket No. addressed in the following summary management actions. FWS–R4–ES–2017–0017. Our Response: The Policy for the and were incorporated into the final Evaluation of Conservation Efforts Summary of Changes From the SSA Report as appropriate. (PECE) is a policy that provides Proposed Rule (1) Comment: One peer reviewer guidance on how to evaluate In preparing this final rule, we recommended that Natural Heritage conservation efforts that have not yet reviewed and fully considered Element Occurrences should have been been implemented or have not yet comments from the public on the used as metrics to delineate populations demonstrated effectiveness. The proposed rule (see below). No instead of river basins and hydrologic management actions described in the substantive changes were made to this unit code 10 (HUC10) management SSA Report do not fall under these final rule after consideration of the units (MUs). criteria because they are past and comments we received. The SSA report Our Response: The use of river basins present conservation management was updated (to version 1.3) based on and MUs as metrics was suggested by actions. comments and some additional the Yellow Lance Technical Team. This (5) Comment: One peer reviewer information provided; many small, non- species expert group, which included noted that not all watersheds are at substantive clarifications and Natural Heritage biologists, did not equal risk of development. corrections were made throughout the think the element occurrence was Our Response: We understand that SSA document, including ensuring appropriate for this analysis, because development of watersheds varies consistency of colors on maps, element occurrences are too fine a scale across the range of the species. To providing details about data sources and represent where individuals have capture this variation, we used the used, updating references in the been documented rather than capture SLEUTH BAU model of urban growth in description of threats section, and minor the extent of the suitable habitat. The the Southeast U.S., which looks at clarifications. However, the information river basin level by itself is too coarse patterns of past development and we received in response to the proposed of a scale at which to estimate the projects similar spatial pattern of rule did not change our determination condition of factors influencing development into the future. We believe that the yellow lance is a threatened resiliency, so populations were further this model constitutes the best available species. delineated using MUs. MUs were information concerning the future defined as one or more HUC10 development projections within the Summary of Comments and watersheds that species experts range of the yellow lance. Recommendations identified as most appropriate for In the proposed rule published on assessing population-level resiliency, Comments From States April 5, 2017 (82 FR 16559), we because it better captures the extent of (6) Comment: The North Carolina requested that all interested parties suitable habitat for areas where yellow Wildlife Commission and other submit written comments on the lance are found. commenters requested that the Service

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implement a rule under section 4(d) of text written by the Service (‘‘Many information standards because it is the Act in order to provide for species forestry activities are not required to recent, relevant work that relates to the conservation and other activities obtain a CWA [Clean Water Act] 404 point being made regarding stream resulting in incidental take. permit, as silviculture activities (such as temperatures, that removal of vegetation Our Response: We have not proposed harvesting for the production of fiber alongside streams increases water a section 4(d) rule at this time, but we and forest products) are exempted’’) temperature in the stream. plan to propose a section 4(d) rule in the lead the reader to believe that this (10) Comment: One commenter stated future to tailor the take prohibitions of exemption allows forestry activities to that the proposed rule and SSA Report the Act to those necessary and advisable create a water quality problem without do not meet the information standards to provide for the conservation of the consequence. of the Interagency Policy on Information yellow lance. Our Response: The statement from the Standards adopted by the Service. Both SSA quoted in the comment above was documents evaluate a subset of the Public Comments not intended to indicate that there was available data, fail to perform an in- (7) Comment: Several commenters no recourse for such action, but rather depth analysis of the data that is stated that the Service did not to indicate that many activities are evaluated, define populations acknowledge the benefits of high rates exempted from permits. We clarified the inaccurately, present inaccurate of compliance with forestry Best language in the report. While we analyses and conclusions, and provide a Management Practices (BMPs), and understand that not every BMP relates limited view of the potential future instead focused on the relatively rare to water quality protections, many of scenarios relative to the viability of the instances of failure to use BMPs. While them do contribute to water quality and species. Under the ESA and associated the Service correctly acknowledges that habitat quality. As indicated in Table 4– Federal policies and guidelines, the rule silvicultural activities performed 3 of the SSA (p. 52), the BMP with one and SSA Report do not provide according to BMPs ‘‘can retain adequate of the lowest implementation rates is sufficient scientific and technical conditions for aquatic ecosystems,’’ the one designed to reduce the impacts of information to support decision-making remainder of the Service’s discussion stream crossings. Lack of adherence to relative to the proposed listing of the regarding BMPs focuses on those rare or compliance with stream crossing yellow lance. circumstances when BMPs are not BMPs creates a water quality risk, Our Response: The commenter did implemented. because improperly constructed culverts not provide any contradictory science or Our Response: We included forest at stream crossings act as barriers to host available data that we did not consider. cover within the ARA as one of the fish (and, therefore, the yellow lance). We used an integrated and main contributions to the habitat This scenario leads to loss of access to conservation-focused analytical element of instream substrate, thus quality habitat, as well as fragmented approach, the Species Status indicating that well-managed forests are habitat and a loss of connectivity Assessment Framework, to assess the important contributors to maintaining between populations of the yellow species’ biological status for the purpose habitat occupied by the species. The lance. This situation can limit both of informing decisions and activities SSA Report notes that BMPs were not genetic exchange and recolonization under the Act. As discussed under always common practice, but that those opportunities. Comment 9 above, our information instances of noncompliance today are (9) Comment: One commenter stated quality standards require our biologists, rare (SSA, p. 52). In Chapter 4, the SSA that references not from the to the extent consistent with the Act and Report describes the many factors that southeastern United States should be with the use of the best scientific and contribute to the viability of the species, removed. commercial data available, to use and the instances of failure to use BMPs Our Response: In accordance with primary and original sources of could impact those factors and thus section 4 of the Act, we are required to information as the basis for contribute to species decline, especially make listing decisions on the basis of determinations to list a species under if those noncompliance areas are within the best scientific and commercial data the Act. The most comprehensive, the few known locations where the available. Further, our Policy on current data sets from all known State species persists. If BMPs associated with Information Standards under the Act agency (including museum) databases forestry practices are not followed, (published in the Federal Register on were used, and references to current stream temperatures can increase, July 1, 1994 (59 FR 34271)), the data usage are in the text of the SSA (pp. sedimentation can lower water quality, Information Quality Act (section 515 of 12 and 22). We used both the peer- and associated roads can lead to the Treasury and General Government reviewed SLEUTH urbanization model increased sedimentation (references Appropriations Act for Fiscal Year 2001 and the Intergovernmental Panel on provided in SSA, pp. 50–51). So while (Pub. L. 106–554; H.R. 5658)), and our Climate Change (IPCC) model to analyze improper implementation is rare, it can associated Information Quality a wide range of possible future have drastic negative effects on sensitive Guidelines (www.fws.gov/ scenarios, and our methods and aquatic species like freshwater mussels. informationquality/), provide criteria analyses underwent peer review by The intent of Section 4.5 of the SSA and guidance, and establish procedures independent species experts. Report was to discuss those to ensure that our decisions are based This final rule and the final SSA circumstances when BMPs are not used on the best scientific data available. We report rely on published articles, and how that could affect the species’ determined that references from outside unpublished research, expert habitat viability. the southeastern United States are valid modeling, comprehensive digital data, (8) Comment: One commenter stated sources of information relevant to the and the expert opinion of subject that not implementing a BMP does not listing decision. The information biologists to determine the listing status equate to a water quality risk and, provided in those references is for the yellow lance. Additional therefore, also does not equate to important to consider because it informs information was added throughout the noncompliance with State of North how stream temperature is affected after SSA to detail data sources used for Carolina Forest Practice Guidelines deforestation, and how biota in the analysis. The most comprehensive, Related to Water Quality standards stream are subsequently impacted. Use current data sets from all known State (FPG). The commenter noted that the of these sources conforms with our agency (including museum) databases

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were used, and references to current additional factors influencing viability, dry times of year. In response to the data usage are in the text of the SSA (pp. not only the impacts of urbanization. comment, we amended the SSA Report 12 and 22). Survey summaries and Our Response: We considered six to clarify this point. detailed maps are provided in Appendix factors influencing viability of the (16) Comment: One commenter B. Also, in accordance with the yellow lance as part of the future recommended that, along with the Service’s peer review policy (59 FR condition analysis. Habitat conditions, proposed listing, the Service identify 34270, July 1, 1994), we solicited peer water quality, water quantity, species recovery criteria, including the review from knowledgeable individuals condition, and climate were also development of conservation strategies with scientific expertise that included considered. The descriptions can be and incidental take permit mechanisms, familiarity with the species, the found in Table 5.1 of the SSA. prior to the listing becoming effective. geographic region in which the species (14) Comment: The future conditions Our Response: Recovery criteria (and occurs, and conservation biology evaluation fails to consider the net conservation strategies) are developed principles. Additionally, we requested positive impact of current and future as part of the recovery planning process, comments or information from other National Pollutant Discharge which occurs after the species has been concerned governmental agencies, the Elimination System (NPDES) listed under the Act. The Service scientific community, industry, and any stormwater programs, Department of intends to develop and make available other interested parties concerning the Transportation (DOT) design standards, for public review a recovery outline proposed rule. Comments and agricultural practices, land controls, within 30 days of publication of this information we received helped inform riparian buffers and land conservation final rule. Once the final listing is this final rule. areas, and applicable water quality effective, project proponents can apply (11) Comment: One commenter stated criteria to protect designated uses of for incidental take permits pursuant to that the analysis weighed the species waters. section 10 of the Act (refer to page 30 Our Response: The current condition assessment towards factors that may below). A habitat conservation plan or analysis includes evaluation of all restrict future expansion of the species’ ‘‘HCP’’ must accompany an application current practices and land uses that may distribution rather than factors that pose for an incidental take permit. The impact yellow lance (positive and a direct threat to the survival of existing habitat conservation plan associated negative), as indicated in the data used, or future mussels. including range-wide water quality and with the permit ensures that the effects Our Response: It is appropriate for us land use data (i.e., agricultural practices, of the authorized incidental take are to consider factors that would restrict buffers, and water quality classifications adequately minimized and mitigated. future expansions, especially for a were all included in the analyses). See (17) Comment: One commenter species that is currently reduced from SSA Report pages/sections 23–29. expressed concern that endangered its historical range. Chapter 4 of the SSA Positive and negative effects of these species listings would interfere with the Report describes how stressors pose a actions are incorporated in the analysis Environmental Protection Agency’s threat or benefit to the survival of and carried through when modeling established Framework for Water existing mussels, some (i.e., barriers), potential future conditions. Any Quality Standards Development. The but not all, may restrict future practices above and beyond what is commenter stated that environmental expansion of the species. currently in practice would need to be stressors and habitat components that (12) Comment: One commenter stated analyzed as future efforts. According to are developed may unnecessarily and that the proposed rule and the SSA our Policy for the Evaluation of inappropriately conflict with water Report present conflicting statements Conservation Efforts (68 FR 15100, quality standards (WQS). regarding stressors that affect the March 28, 2003), we only consider Our Response: We are required by species. The first paragraph of Section future efforts that are formalized and section 4 of the Act to make a listing 5.1 states that the main drivers for sufficiently certain to be implemented decision based solely on the best change in the future condition analysis and effective. scientific and commercial data is human population growth and (15) Comment: One commenter stated available. However, since a primary goal increased urbanization. However, the that the proposed rule and the SSA of the Clean Water Act is to protect the summary Section 4.9 of the SSA Report Report incorrectly claim that excessive health of waters of the United States for and the Risk Factors for the Yellow surface water use for agricultural all designated uses, including the Lance in the Federal Register document irrigation has an adverse impact on the protection of aquatic life, and since a state that ‘‘the largest threats to the amount of water available for primary goal of the Act is to provide for future viability of the species relate to downstream sensitive areas during low- the conservation of species that are habitat degradation from stressors flow months. According to the endangered or threatened, including the influencing water quality, water commenter, agricultural irrigation in conservation of the ecosystems on quantity, instream habitat, and habitat North Carolina is not excessive. which they depend, listed aquatic connectivity.’’ Our Response: The SSA Report states: species and the river systems on which Our Response: The statements do not ‘‘If the water withdrawal is excessive they depend are protected under both conflict with each other. Both human (usually over 10,000 gal/day) or done laws. There should be no conflict population growth and changes in land illegally (without permit if needed, or between the protections of the two use (specifically in development land during dry time of year, or in areas statutes. use patterns), including increased where sensitive aquatic species occur (18) Comment: One commenter urbanization, are stressors that result in without consultation), this may cause opined that the SSA Report incorrectly habitat degradation (which influences impacts to the amount of water available concludes that pollutants harmful to the water quality, water quantity, instream to downstream sensitive areas during yellow lance impair water quality habitat, and habitat connectivity) as low flow months, resulting in throughout the species’ current range, described in section 4.1 of the SSA dewatering of channels and stranding of and that the Service has not coordinated Report. mussels.’’ [emphasis added]. Both with the Environmental Protection (13) Comment: The future condition surface and ground water withdrawals Agency (EPA) and the State to analysis in the SSA should consider can affect base flows in streams during determine whether they actually do.

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Our Response: The SSA Report (p. 44) Current Condition of Yellow Lance each basin and the species is largely explains that water quality criteria do To evaluate the current and future limited to the southern portions of its not currently exist for many of the viability of the yellow lance, we historical range. One population (the parameters for which freshwater assessed a range of conditions to allow Tar population) was estimated to be mussels have been demonstrated to be us to consider the species’ resiliency, moderately resilient, but all other extant sensitive. For instance, even after EPA representation, and redundancy. The populations exhibit low resiliency. revised the criteria for ammonia, after historical range of the yellow lance Redundancy was estimated as the incorporating the toxicity data for included streams and rivers in the number of historically occupied MUs sensitive freshwater mollusks, the States Atlantic Slope drainages from the that remain currently occupied. The have yet to update their WQS through Patuxent River Basin south to the Neuse species retains redundancy (albeit in processes such as the Triennial Review. River Basin, with the documented low condition) within the Since WQS for pollutants have not been historical distribution in 12 Rappahannock, Chowan, and Neuse River populations, and one population promulgated by the States within the Management Units (MUs) within eight (Tar) has multiple moderate or highly range of the yellow lance, those former populations. The yellow lance is resilient management units. Overall, the pollutants are still deemed to be presumed extirpated from 25 percent (3/ species has decreased redundancy potentially harmful to the survival and 12) of the historically occupied MUs. Of across its range due to an estimated 57 reproduction of the species. the remaining nine occupied MUs, 17 percent reduction in occupancy percent are estimated to have high (19) Comment: One commenter compared to historical levels. expressed concern that portions of the resiliency, 8 percent moderate The largest threats to the future species’ range in the proposal may be resiliency, and 67 percent low viability of the yellow lance are habitat based on data that are both outdated and resiliency. At the population level, the degradation from stressors influencing possibly incorrectly identify the yellow overall condition of one of the eight water quality, water quantity, instream lance as present in those drainages. populations (the Tar population) is habitat, and habitat connectivity. The estimated to have moderate resiliency, Our Response: All survey records stressors we identified that have led to while the remaining six extant from Virginia were reviewed by both the the degradation of the yellow lance populations (Patuxent, Rappahannock, State malacologist and the Natural habitat include development, York, James, Chowan, and Neuse Heritage Program biologist to verify agricultural practices, forest populations) are characterized by low management, barriers such as dams and correct identity of species in all survey resiliency. The Potomac population is locations. Current occupancy was impoundments, and invasive species. A presumed to be extirpated. An brief summary of these primary stressors described as those areas with detections assessment of the habitat elements finds in the past 10 years (2005–2015, based is presented below; for a full description that 86 percent of streams that remain of these stressors, refer to chapter 4 of on when data were analyzed). Survey part of the current species’ range are data older than 15 years was included the SSA report for the yellow lance. estimated to be in low or very low Development: Development refers to to indicate trends over time, but not condition. analyzed as part of the Current urbanization of the landscape, including Once known to occupy streams in (but not limited to) land conversion for Conditions (see Figure 3–2 on p. 12 of three physiographic regions (Mountain, the SSA Report). urban and commercial use, Piedmont, and Coastal Plain), the infrastructure (roads, bridges, utilities), Summary of Biological Status and species has lost occurrences in each and urban water uses (water supply Threats physiographic region compared with reservoirs, wastewater treatment, etc.). historical occurrences, although it is The effects of urbanization may include Please refer to Chapter 4 of the SSA still represented by at least one alterations to water quality, water Report for a more detailed discussion of population in each region. We estimated quantity, and habitat (Factor A). Yellow the factors affecting the yellow lance that the yellow lance currently has lance adults require clear, flowing water (see ADDRESSES). Section 4 of the Act (16 reduced adaptive potential relative to with a temperature less than 35 degrees U.S.C. 1533), and its implementing historical potential due to decreased Celsius (°C) (95 degrees Fahrenheit (°F)) regulations in title 50 of the Code of representation in seven river basins and and a dissolved oxygen greater than 3 Federal Regulations at 50 CFR part 424, three physiographic regions. The milligrams per liter (mg/L). Juveniles set forth the procedures for adding species retains most of its known river require very specific interstitial species to the Federal Lists of basin variability, but its distribution has chemistry to complete that life stage: Endangered and Threatened Wildlife been greatly reduced in the Low salinity (similar to 0.9 parts per and Plants. Under section 4(a)(1) of the Rappahannock, York, Chowan, and thousand (ppt)), low ammonia (similar Act, we may list a species based on (A) Neuse River populations. In addition, to 0.7 mg/L), low levels of copper and The present or threatened destruction, compared to historical distribution, the other contaminants, and dissolved modification, or curtailment of its species has declined by 70 percent in oxygen greater than 1.3 mg/L. habitat or range; (B) overutilization for the Coastal Plain region and by Impervious surfaces associated with commercial, recreational, scientific, or approximately 50 percent in both the development negatively affect water educational purposes; (C) disease or Piedmont and the Mountain regions. quality when pollutants that accumulate predation; (D) the inadequacy of Latitudinal variability is also reduced, on impervious surfaces are washed existing regulatory mechanisms; or (E) as much of the species’ current directly into the streams during storm other natural or manmade factors distribution has contracted and is events. Storm water runoff affects water affecting its continued existence. Our largely limited to the southern portions quality parameters such as temperature, assessment evaluated the biological of its historical range, primarily in the pH, dissolved oxygen, and salinity, status of the species and threats Tar River Basin. which in turn alters the water chemistry affecting its continued existence. It was While the overall range of the yellow and could make it unsuitable for the based upon the best available scientific lance has not changed significantly, the yellow lance. Concentrations of and commercial data and the expert remaining occupied portions of the contaminants, including nitrogen, opinion of the SSA team members. range have become constricted within phosphorus, chloride, insecticides,

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polycyclic aromatic hydrocarbons, and population. For complete data on all of species richness and abundance personal care products, increase with the populations, refer to appendix D of composition in streams. As stated urban development. the SSA report. above, the yellow lance is sensitive to Urban development can lead to Agricultural Practices: The main changes in temperature, and sustained increased variability in streamflow, impacts to the yellow lance from temperature increases stress and typically increasing the amount of water agricultural practices are from nutrient possibly lead to mortality for the entering a stream after a storm and pollution and water pumping for species. decreasing the time it takes for the water irrigation (Factor A). Fertilizers and Forestry activities often include the to travel over the land before entering animal manure, which are both rich in construction of logging roads through the stream. Stream habitat is altered nitrogen and phosphorus, are the the riparian zone, which can directly either directly via channelization or primary sources of nutrient pollution degrade nearby stream environments clearing of riparian areas, or indirectly from agricultural sources. Excess (Aust et al. 2011, p. 123). Roads can via high streamflows that reshape the nutrients impact water quality when it cause localized sedimentation, as well channel and cause sediment erosion. rains or when water and soil containing as sedimentation traveling downstream Impervious surfaces associated with nitrogen and phosphorus wash into into more sensitive habitats. These increased development cause rain water nearby waters or leach into the water effects lead to stress and mortality for to accumulate and flow rapidly into table/ground waters causing algal the yellow lance, as discussed in storm drains, thereby becoming blooms. These algal blooms can harm ‘‘Development,’’ above. While BMPs are superheated, which can stress or kill freshwater mussels by suffocating host currently widely adhered to, they were these mussel species when the fish and decreasing available oxygen in not always common practice in the past. superheated water enters streams. the water column. The average implementation rate of Pollutants like gasoline, oil, and It is common practice to pump water BMPs in the southeast states is at 92 fertilizers are also washed directly into for irrigation from adjacent streams or percent. While improper streams and can kill mussels and other rivers into a reservoir pond, or to spray implementation is rare, it can have aquatic organisms. The large volumes the stream or river water directly onto drastic negative effects on sensitive and velocity of water combined with the crops. If the water withdrawal is aquatic species like freshwater mussels. extra debris and sediment entering excessive or done illegally, it reduces One small area of riparian zone that is streams following a storm can stress, the amount of water available to removed can cause sedimentation and displace, or kill the yellow lance, and downstream sensitive areas during low- habitat degradation for miles the host fish species upon which it flow months, resulting in dewatering of downstream. depends. channels and stranding of mussels, A further risk of urbanization is the leading to desiccation and death. In the Systematic Changes accompanying road development that Rappahannock River basin, for example, Climate Change (Factor E): Aquatic often results in improperly constructed the upper watershed supports largely systems are encountering changes and culverts at stream crossings. These agricultural land uses. Sedimentation is shifts in seasonal patterns of culverts act as barriers, either as flow a problem in the upper watershed, as precipitation and runoff as a result of through the culvert varies significantly stormwater runoff from the major climate change. While mussels have from the rest of the stream, or if the tributaries (Rapidan and Hazel rivers) evolved in habitats that experience culvert ends up being perched above the leaves the Rappahannock River muddy seasonal fluctuations in discharge, stream bed, and host fish (and, even after minor storm events. global weather patterns can have an therefore, the yellow lance) cannot pass According to the 2011 National Land impact on the normal regimes (e.g., El through them. This scenario leads to Cover Data, all of the watersheds within Nin˜ o or La Nin˜ a). Even during naturally loss of access to quality habitat, as well the range of the yellow lance are occurring low-flow events, mussels as fragmented habitat and a loss of affected by agricultural land uses, most become stressed either because they connectivity between populations of the with 20 percent or more of the exert significant energy to move to yellow lance. This situation can limit watershed having been converted for deeper waters or they succumb to both genetic exchange and agricultural use. desiccation. Because low flows in late recolonization opportunities. Forest Management: Silviculture summer and early fall are stress- Significant portions of all of the river activities when performed according to inducing, droughts during this time of basins within the range of the yellow strict forest practices guidelines (FPGs) year result in stress and, potentially, an lance are affected by development, from or best management practices (BMPs) increased rate of mortality. Droughts 7 percent in the Tar River basin to 25 can retain adequate conditions for have impacted all river basins within percent in the Patuxent River basin aquatic ecosystems; however, when the range of the yellow lance, from an (based on the 2011 National Land Cover FPGs/BMPs are not followed, ‘‘abnormally dry’’ ranking for North Data). The Neuse River basin in North silviculture can contribute to the myriad Carolina and Virginia in 2001 on the Carolina contains one-sixth of the entire of stressors facing aquatic systems in the Southeast Drought Monitor scale to the State’s population, indicating heavy Southeast. Both small- and large-scale highest ranking of ‘‘exceptionally dry’’ development pressure on the watershed. forestry activities have a significant for the entire range of the yellow lance The Nottoway MU (in the Chowan impact upon the physical, chemical, in 2002 and 2007. The 2015 drought population) contains 155 impaired and biological characteristics of adjacent data indicated the entire Southeast stream miles, 4 major discharges, 32 small streams. The clearing of large ranging from ‘‘abnormally dry’’ to minor discharges, and over 3,000 road areas of forested wetlands and riparian ‘‘moderate drought’’ or ‘‘severe crossings, affecting the quality of the systems can eliminate shade provided drought.’’ These data are from the first habitat for the yellow lance. The by these canopies, exposing streams to week in September, indicating a very Potomac River basin is currently made more sunlight and increasing the in- sensitive time for drought to be affecting up of 12.7 percent impervious surfaces, stream water temperature. The increase the yellow lance. The Middle Neuse changing natural streamflow, reducing in stream temperature and light after tributaries of the Neuse River basin had appropriate stream habitat, and deforestation alters the consecutive drought years from 2005 decreasing water quality throughout the macroinvertebrate and other aquatic through 2012, indicating sustained

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stress on the species over a long period hydrilla currently having population- macroinvertebrate scores, low dissolved of time. Sedentary freshwater mussels level effects on the yellow lance, the oxygen, low pH, and contain have limited refugia from disturbances spread of this invasive plant is expected Escherichia coli (also known as E. coli). such as droughts and floods, and they to increase in the future. There are 16 non-major and 2 major are completely dependent on specific Barriers: Extinction/extirpation of discharges within this MU, along with water temperatures to complete their North American freshwater mussels can 7 dams, 676 road crossings, and physiological requirements. Changes in be traced to impoundment and droughts recorded for 4 consecutive water temperature lead to stress, inundation of riffle habitats (shallow years in 2007–2010. The combination of increased mortality, and also increase water with rapid currents running over all of these stressors on the sensitive the likelihood of extinction for the gravel or rocks) in all major river basins aquatic species in this habitat has species. Increases in the frequency and of the central and eastern United States impacted yellow lance such that no strength of storm events alter stream (Factor A). Upstream of dams, the individuals have been recorded here habitat. Stream habitat is altered either change from flowing to impounded since 1994. directly via channelization or clearing of waters, increased depths, increased To forecast the biological conditions riparian areas, or indirectly via high buildup of sediments, decreased of the yellow lance into the future, we streamflows that reshape the channel dissolved oxygen, and the drastic devised a range of plausible future and cause sediment erosion. The large alteration in resident fish populations scenarios by eliciting expert information volumes and velocity of water, can threaten the survival of mussels and on the primary stressors anticipated to combined with the extra debris and their overall reproductive success. affect the species into the future: habitat sediment entering streams following a Downstream of dams, fluctuations in loss and degradation due to storm, stress, displace, or kill yellow flow regimes, minimal releases and urbanization and the effects of climate lance and the host fish species on which scouring flows, seasonal dissolved change. These scenarios were based, in it depends. oxygen depletion, reduced or increased part, on the results of urbanization Invasive Species: In many areas across water temperatures, and changes in fish (Terando et al. 2014) and climate the States of Maryland, Virginia, and assemblages can also threaten the models (IPCC, 2013) that predict North Carolina, aquatic invasive species survival and reproduction of many changes in habitat used by the yellow are invading aquatic communities and mussel species. Because the yellow lance. The models that were used to altering biodiversity by competing with lance uses smaller host fish (e.g., darters forecast urbanization into the future native species for food, light, or and minnows), it is even more projected out 50 years, and climate breeding and nesting areas. For susceptible to impacts from habitat change models included that timeframe example, the Asian clam (Corbicula fragmentation due to increasing distance as well. The range of plausible future fluminea) alters benthic substrates, between suitable habitat patches and a scenarios of yellow lance habitat competes with native species for limited low likelihood of host fish swimming conditions and population factors resources, and causes ammonia spikes over that distance. Even improperly in surrounding water when they die off constructed culverts at stream crossings suggest possible extirpation in as many en masse. The Asian clam is ubiquitous can act as significant barriers and have as five of seven currently extant across the southeastern United States some similar effects as dams on stream populations. Even the most optimistic and is present in watersheds across the systems. Fluctuating flows through the model predicted that only two range of the yellow lance. The flathead culvert can vary significantly from the populations will remain extant in 50 catfish (Pylodictis olivaris) is an apex rest of the stream, preventing fish years, and those populations are predator known to feed on almost passage and scouring downstream expected to be characterized by low anything, including other fish, habitats. If a culvert ends up being occupancy and abundance. For a more- crustaceans, and mollusks, and to perched above the stream bed, aquatic detailed discussion of our evaluation of impact host fish communities, reducing organisms cannot pass through it. These the biological status of the yellow lance the amount of fish available as hosts for barriers not only fragment habitats along and the factors that may affect its the mussels to complete their glochidia a stream course, they also contribute to continued existence, please see the SSA life stage. Introductions of flathead genetic isolation of the yellow lance. All Report (Service, 2017 entire) and the catfish into rivers in North Carolina 12 of the MUs containing yellow lance proposed rule (82 FR 16559, April 4, have led to steep declines in numbers of populations have been impacted by 2017). native fish. The flathead catfish has dams, with as few as 3 dams in the Determination been documented in the Potomac, Fishing Creek subbasin to more than James, Roanoke, Tar, and Neuse river 100 dams in the York basin (Service Section 4 of the Act (16 U.S.C. 1533), systems. 2016, appendix D). The Middle Neuse and its implementing regulations in title Hydrilla (Hydrilla verticillata), an contains 237 dams and more than 5,000 50 of the Code of Federal Regulations at aquatic plant, alters stream habitat, stream crossings, so connectivity there 50 CFR part 424, set forth the decreases flows, and contributes to has been severely affected by barriers. procedures for adding species to the sediment buildup in streams. High Federal Lists of Endangered and sedimentation can cause suffocation, Synergistic Effects Threatened Wildlife and Plants. Under reduce stream flow, and make it In addition to the impacts on the section 4(a)(1) of the Act, we may list a difficult for mussels’ interactions with yellow lance individually, it is likely species based on (A) The present or host fish necessary for development. that several of the above summarized threatened destruction, modification, or Hydrilla occurs in several watersheds risk factors are acting synergistically or curtailment of its habitat or range; (B) where the yellow lance occurs, additively on the species. The combined overutilization for commercial, including recent documentation from impact of multiple stressors is likely recreational, scientific, or educational the Tar River. The dense growth is more harmful than a single stressor purposes; (C) disease or predation; (D) altering the flow in this system and acting alone. For example, the Meherrin the inadequacy of existing regulatory causing sediment buildup, which can River MU contains four stream reaches mechanisms; or (E) other natural or cause suffocation in filter-feeding with 34 miles of impaired streams. The manmade factors affecting its continued mussels. While data are lacking on stream reaches have low benthic- existence.

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We have carefully assessed the best habitat modification and destruction necessary to halt or reverse the species’ scientific and commercial information (Factor A), invasive species (Factor E), decline by addressing the threats to its available regarding the past, present, and effects of climate change (Factor E) survival and recovery. The goal of this and future threats to the yellow lance. are currently acting on the species and process is to restore listed species to a The yellow lance is presumed many of those threats are expected to point where they are secure, self- extirpated from 25 percent (3) of the continue into the future, we did not find sustaining, and functioning components historically occupied MUs, with most that the species is currently in danger of of their ecosystems. populations characterized by low extinction throughout all of its range. Recovery planning includes the resiliency. Most of the streams that According to our assessment of development of a recovery outline remain part of the current species’ range plausible future scenarios, the species is shortly after a species is listed and are estimated to be in low or very low likely to become an endangered species preparation of a draft and final recovery condition with decreased occupancy of in the foreseeable future throughout all plan. The recovery outline guides the yellow lance. of its range. immediate implementation of urgent The yellow lance faces threats from Under the Act and our implementing recovery actions and describes the declines in water quality, loss of stream regulations, a species warrants listing if process to be used to develop a recovery flow, riparian and instream it is endangered or threatened plan. Revisions of the plan may be done fragmentation, and deterioration of throughout all or a significant portion of to address continuing or new threats to instream habitats (Factor A). These its range. Because we have determined the species, as new substantive threats, which are expected to be that the yellow lance is threatened information becomes available. The exacerbated by continued urbanization throughout all of its range, no portion of recovery plan identifies site-specific (Factor A) and effects of climate change its range can be ‘‘significant’’ for management actions that set a trigger for (Factor E), will impact the future purposes of the definitions of review of the five factors that control viability of the yellow lance. We did not ‘‘endangered species’’ and ‘‘threatened whether a species remains endangered find that the yellow lance was impacted species.’’ See the Final Policy on or may be downlisted or delisted and by overutilization (Factor B), or disease Interpretation of the Phrase ‘‘Significant methods for monitoring recovery or predation (Factor C). While there are Portion of Its Range’’ in the Endangered progress. Recovery plans also establish regulatory mechanisms in place that Species Act’s Definitions of a framework for agencies to coordinate may benefit the yellow lance, the ‘‘Endangered Species’’ and ‘‘Threatened their recovery efforts and provide existing regulatory mechanisms did not Species’’ (79 FR 37577; July 1, 2014). estimates of the cost of implementing reduce the impact of the stressors to the Therefore, on the basis of the best recovery tasks. Recovery teams point that the species is not threatened available scientific and commercial (composed of species experts, Federal by extinction (Factor D). information, we are listing the yellow and State agencies, nongovernmental The Act defines an endangered lance as threatened in accordance with organizations, and stakeholders) are species as any species that is ‘‘in danger sections 3(6) and 4(a)(1) of the Act. often established to develop recovery of extinction throughout all or a plans. When completed, the recovery Available Conservation Measures significant portion of its range’’ and a outline, draft recovery plan, and the threatened species as any species ‘‘that Conservation measures provided to final recovery plan will be available on is likely to become endangered species listed as endangered or our website (http://www.fws.gov/ throughout all or a significant portion of threatened species under the Act endangered) or from our Raleigh field its range within the foreseeable future.’’ include recognition, recovery actions, office (see FOR FURTHER INFORMATION We considered whether the yellow requirements for Federal protection, and CONTACT). lance meets either of these definitions, prohibitions against certain practices. Implementation of recovery actions and we find that the yellow lance meets Recognition through listing results in generally requires the participation of a the definition of a threatened species. public awareness and conservation by broad range of partners, including other Our analysis of the species’ current and Federal, State, Tribal, and local Federal agencies, States, Tribal, future conditions, as well as the agencies, private organizations, and nongovernmental organizations, conservation efforts discussed above, individuals. The Act encourages businesses, and private landowners. show that habitat modification and cooperation with the States and requires Examples of recovery actions include destruction (Factor A) and other natural that recovery actions be carried out for habitat restoration (e.g., restoration of and manmade factors (Factor E) will all listed species. The protection native vegetation), research, captive continue to impact the resiliency, required by Federal agencies and the propagation and reintroduction, and representation, and redundancy for the prohibitions against certain activities outreach and education. The recovery of yellow lance so that it is likely to are discussed, in part, below. many listed species cannot be become in danger of extinction accomplished solely on Federal lands throughout all or a significant portion of Recovery Actions because their range may occur primarily its range within the foreseeable future. The primary purpose of the Act is the or solely on non-Federal lands. To We considered whether the yellow conservation of endangered and achieve recovery of these species lance is currently in danger of threatened species and the ecosystems requires cooperative conservation efforts extinction and determined that upon which they depend. The ultimate on private, State, and Tribal lands. endangered status is not appropriate. goal of such conservation efforts is the Following publication of this final The current conditions as assessed in recovery of these listed species, so that listing rule, funding for recovery actions the yellow lance SSA report show they no longer need the protective will be available from a variety of multiple resilient populations over a measures of the Act. Subsection 4(f) of sources, including Federal budgets, majority of the species’ historical range. the Act requires the Service to develop State programs, and cost-share grants for The yellow lance still exhibits and implement recovery plans for the non-Federal landowners, the academic representation across all three conservation of endangered and community, and nongovernmental physiographic regions, and extant threatened species. The recovery organizations. In addition, pursuant to populations remain from the Patuxent planning process involves the section 6 of the Act, the States of River south to the Neuse River. While identification of actions that are Maryland, Virginia, and North Carolina

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will be eligible for Federal funds to Act and its implementing regulations set (5) Diversion or alteration of surface implement management actions that forth a series of general prohibitions and or ground water flow; and promote the protection or recovery of exceptions that apply to threatened (6) Pesticide/herbicide applications in the yellow lance. Information on our wildlife. The prohibitions of section violation of label restrictions. grant programs that are available to aid 9(a)(1) of the Act, as applied to Questions regarding whether specific species recovery can be found at: http:// threatened wildlife and codified at 50 activities would constitute a violation of www.fws.gov/grants. CFR 17.31, make it illegal for any person section 9 of the Act should be directed Please let us know if you are subject to the jurisdiction of the United to the Raleigh Ecological Services Field interested in participating in recovery States to take (which includes harass, Office (see FOR FURTHER INFORMATION efforts for the yellow lance. harm, pursue, hunt, shoot, wound, kill, CONTACT). Additionally, we invite you to submit trap, capture, or collect; or to attempt any new information on this species any of these) threatened wildlife within Required Determinations whenever it becomes available and any the United States or on the high seas. In National Environmental Policy Act (42 information you may have for recovery addition, it is unlawful to import; U.S.C. 4321 et seq.) planning purposes (see FOR FURTHER export; deliver, receive, carry, transport, INFORMATION CONTACT). or ship in interstate or foreign We have determined that Critical Habitat commerce in the course of commercial environmental assessments and activity; or sell or offer for sale in environmental impact statements, as Section 7(a) of the Act requires interstate or foreign commerce any defined under the authority of the Federal agencies to evaluate their listed species. It is also illegal to National Environmental Policy Act actions with respect to any species that possess, sell, deliver, carry, transport, or (NEPA), need not be prepared in is listed as an endangered or threatened ship any such wildlife that has been connection with listing a species as an species and with respect to its critical taken illegally. endangered or threatened species under habitat, if any is designated. Regulations We may issue permits to carry out the Endangered Species Act. We implementing this interagency otherwise prohibited activities published a notice outlining our reasons cooperation provision of the Act are involving threatened wildlife under for this determination in the Federal codified at 50 CFR part 402. Section certain circumstances. Regulations Register on October 25, 1983 (48 FR 7(a)(2) of the Act requires Federal governing permits are codified at 50 49244). agencies to ensure that activities they CFR 17.32. With regard to threatened authorize, fund, or carry out are not wildlife, a permit may be issued for the Government-to-Government likely to jeopardize the continued following purposes: for scientific Relationship With Tribes existence of any endangered or purposes, to enhance the propagation or In accordance with the President’s threatened species or destroy or survival of the species, and for memorandum of April 29, 1994 adversely modify its critical habitat. If a incidental take in connection with (Government-to-Government Relations Federal action may affect a listed otherwise lawful activities. There are with Native American Tribal species or its critical habitat, the also certain statutory exemptions from Governments; 59 FR 22951), Executive responsible Federal agency must enter the prohibitions, which are found in Order 13175 (Consultation and into consultation with the Service. sections 9 and 10 of the Act. Federal agency actions within the It is our policy, as published in the Coordination with Indian Tribal species’ habitat that may require Federal Register on July 1, 1994 (59 FR Governments), and the Department of conference or consultation or both as 34272), to identify to the maximum the Interior’s manual at 512 DM 2, we described in the preceding paragraph extent practicable at the time a species readily acknowledge our responsibility include management and any other is listed, those activities that would or to communicate meaningfully with landscape-altering activities on Federal would not constitute a violation of recognized Federal Tribes on a lands administered by the U.S. Fish and section 9 of the Act. The intent of this government-to-government basis. In Wildlife Service, U.S. Forest Service, policy is to increase public awareness of accordance with Secretarial Order 3206 and National Park Service; issuance of the effect of a final listing on proposed of June 5, 1997 (American Indian Tribal section 404 Clean Water Act (33 U.S.C. and ongoing activities within the range Rights, Federal-Tribal Trust 1251 et seq.) permits by the U.S. Army of a listed species. Activities that the Responsibilities, and the Endangered Corps of Engineers; and construction Service believes could potentially harm Species Act), we readily acknowledge and maintenance of roads or highways the yellow lance and result in ‘‘take’’ our responsibilities to work directly by the Federal Highway Administration. include, but are not limited to: with tribes in developing programs for A careful assessment of the economic (1) Unauthorized handling or healthy ecosystems, to acknowledge that impacts that may occur due to a critical collecting of the species; tribal lands are not subject to the same habitat designation is still ongoing, and (2) Destruction or alteration of the controls as Federal public lands, to we are in the process of working with species’ habitat by discharge of fill remain sensitive to Indian culture, and the States and other partners in material, dredging, snagging, to make information available to tribes. acquiring the complex information impounding, channelization, or There are no tribal lands affected by this needed to perform that assessment. A modification of stream channels or listing determination. proposed rule to designate critical banks; References Cited habitat will be published in the near (3) Destruction of riparian habitat future. directly adjacent to stream channels that A complete list of references cited in causes significant increases in the SSA Report that informed this Regulatory Provisions sedimentation and destruction of rulemaking is available on the internet Under section 4(d) of the Act, the natural stream banks or channels; at http://www.regulations.gov in Docket Service has discretion to issue (4) Discharge of pollutants into a No. FWS–R4–ES–2017–0017 and upon regulations that we find necessary and stream or into areas hydrologically request from the Raleigh Ecological advisable to provide for the connected to a stream occupied by the Services Field Office (see FOR FURTHER conservation of threatened species. The species; INFORMATION CONTACT).

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Authors Regulation Promulgation ■ 2. Amend § 17.11 in paragraph (h) by adding an entry for ‘‘Lance, yellow’’ to The primary authors of this final rule Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the the List of Endangered and Threatened are the staff members of the Fish and Wildlife in alphabetical order under Wildlife Service’s Species Assessment Code of Federal Regulations, as follows: CLAMS to read as follows: Team and the Raleigh Ecological PART 17—ENDANGERED AND Services Field Office. THREATENED WILDLIFE AND PLANTS § 17.11 Endangered and threatened List of Subjects in 50 CFR Part 17 wildlife. ■ 1. The authority citation for part 17 * * * * * Endangered and threatened species, continues to read as follows: (h) * * * Exports, Imports, Reporting and Authority: 16 U.S.C. 1361–1407; 1531– recordkeeping requirements, 1544; and 4201–4245; unless otherwise Transportation. noted.

Listing citations and Common name Scientific name Where listed Status applicable rules

******* CLAMS

******* Lance, yellow ...... Elliptio lanceolata ...... Wherever found ...... T 83 FR [Insert Federal Register page where the document begins]; 4/3/2018.

*******

* * * * * necessary correction to the critical remove the incorrect map at paragraph Dated February 23, 2018. habitat designation for the Poweshiek (28) of the entry for Poweshiek James W. Kurth, skipperling. We are also replacing a map skipperling and insert the correct map depicting critical habitat for Poweshiek in its place. We are also replacing the Deputy Director, U.S. Fish and Wildlife map depicting critical habitat for Service, exercising the authority of the skipperling in Minnesota to make an Director. editorial correction in the title. Poweshiek skipperling for Minnesota Unit 10 at paragraph (30) to make an [FR Doc. 2018–06735 Filed 4–2–18; 8:45 am] DATES: This correction is effective April editorial correction in the title. The old BILLING CODE 4333–15–P 3, 2018. FOR FURTHER INFORMATION CONTACT: map referred to ‘‘Swift and Chippewa Susan Wilkinson, (703) 358–2506. If you County,’’ and the new map correctly DEPARTMENT OF THE INTERIOR use a telecommunications device for the refers to ‘‘Swift and Chippewa deaf (TDD), call the Federal Relay Counties.’’ Fish and Wildlife Service Service at 800–877–8339. Previous Federal Action SUPPLEMENTARY INFORMATION: The 50 CFR Part 17 We listed the Dakota skipper as a Dakota skipper (Hesperia dacotae) is threatened species and the Poweshiek [Docket No. FWS–R3–ES–2013–0017; listed under the Act as a threatened skipperling as an endangered species on 4500030113] species, and the Poweshiek skipperling October 24, 2014 (79 FR 63672) with a (Oarisma poweshiek) is listed as RIN 1018–AZ58 rule issued under section 4(d) of the Act endangered. In a final rule that for the Dakota skipper. This rule Endangered and Threatened Wildlife published October 1, 2015 (80 FR followed publication on October 24, and Plants; Designation of Critical 59248), we designated critical habitat 2013, of a proposal to list the Dakota Habitat for the Dakota Skipper and for the two butterfly species pursuant to skipper as threatened with a section 4(d) Poweshiek Skipperling; Correction the Act (16 U.S.C. 1531 et seq.). The rule rule and the Poweshiek skipperling as added critical habitat for these species endangered (78 FR 63573). Also on AGENCY: Fish and Wildlife Service, to title 50 of the Code of Federal October 24, 2013, we published in the Interior. Regulations (CFR) at 50 CFR 17.95(i). Federal Register a proposed critical ACTION: Correcting amendments. The rule included 32 maps showing habitat designation for the Dakota critical habitat areas for the Dakota skipper and Poweshiek skipperling (78 SUMMARY: We, the U.S. Fish and skipper and 48 maps showing critical FR 63625). We published a final rule Wildlife Service, published a final rule habitat areas for the Poweshiek designating critical habitat for the two in the Federal Register on October 1, skipperling. We inadvertently inserted a species on October 1, 2015 (80 FR 2015, to designate critical habitat for the map showing critical habitat for the 59248). Dakota skipper (Hesperia dacotae) and Dakota skipper for Minnesota Unit 7 in the Poweshiek skipperling (Oarisma the location where we should have Administrative Procedure poweshiek), under the Endangered included a map showing critical habitat As explained above, this rulemaking Species Act of 1973, as amended (Act). for the Poweshiek skipperling for is necessary to correct an error Inadvertently, we published a map of a Minnesota Unit 7. The two maps are associated with the publication of a map critical habitat unit for the Dakota different because the areas being for the wrong species and an editorial skipper in Minnesota where we should designated for each species as error related to the title of a map. have published a map for the Poweshiek ‘‘Minnesota Unit 7’’ are different. Therefore, under these circumstances, skipperling. This document makes the Therefore, with this document, we we have determined, pursuant to 5

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U.S.C. 553(b)(3)(B), that prior notice and List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 1531– opportunity for public comment are 1544; 4201–4245; unless otherwise noted. Endangered and threatened species, impractical and unnecessary. Public ■ Exports, Imports, Reporting and 2. In § 17.95, in the entry for opportunity for comment is simply not ‘‘Poweshiek Skipperling (Oarisma required when an agency amends a recordkeeping requirements, Transportation. Poweshiek)’’, revise paragraphs (i)(28) regulation to remove regulatory and (30) to read as follows: provisions that are nor consistent with Regulation Promulgation law. Such action is ministerial in nature § 17.95 Critical habitat—fish and wildlife. and allows for no discretion on the part For the reasons given in the preamble, * * * * * of the agency. Thus, public comment we amend part 17, subchapter B of (i) Insects. could not inform this process in any chapter I, title 50 of the Code of Federal * * * * * meaningful way. We have further Regulations, as set forth below: Poweshiek Skipperling (Oarisma determined that, under 5 U.S.C. Poweshiek) PART 17—ENDANGERED AND 553(d)(3), the agency has good cause to * * * * * THREATENED SPECIES make this rule effective upon (28) PS Minnesota Unit 7, Lincoln and publication, which is to comply with Pipestone Counties, Minnesota. Map of ■ the Act as soon as practicable. 1. The authority citation for part 17 PS Minnesota Unit 7 follows: continues to read as follows: BILLING CODE 4333–15–P

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* * * * * (30) PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. Map of PS Minnesota Unit 10 follows:

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* * * * * 5305, or email: Kelli.ODonnell@ processor. The commercial sector for Dated: February 14, 2018. noaa.gov. greater amberjack will re-open on James W. Kurth, SUPPLEMENTARY INFORMATION: NMFS January 1, 2019, the beginning of the 2019 greater amberjack commercial Deputy Director, U.S. Fish and Wildlife manages the reef fish fishery of the Gulf, Service, exercising the authority of the which includes greater amberjack, fishing season. Director, U.S. Fish and Wildlife Service. under the Fishery Management Plan for During the commercial closure, the [FR Doc. 2018–06736 Filed 4–2–18; 8:45 am] the Reef Fish Resources of the Gulf bag and possession limits specified in BILLING CODE 4333–15–C (FMP). The Gulf of Mexico Fishery 50 CFR 622.38(b)(1) apply to all harvest Management Council (Council) or possession of greater amberjack in or prepared the FMP and NMFS from the Gulf EEZ. Additionally, the DEPARTMENT OF COMMERCE implements the FMP under the recreational sector for greater amberjack authority of the Magnuson-Stevens is closed until May 1, 2018. During the National Oceanic and Atmospheric Fishery Conservation and Management recreational closure, the bag and Administration Act (Magnuson-Stevens Act) by possession limits for greater amberjack regulations at 50 CFR part 622. All in or from the Gulf EEZ are zero. greater amberjack weights discussed in 50 CFR Part 622 Classification this temporary rule are in round weight. [Docket No. 1206013412–2517–02] The 2018 commercial annual catch The Regional Administrator, RIN 0648–XG110 limit (ACL) for Gulf greater amberjack is Southeast Region, NMFS, has 319,140 lb (144,759 kg), as specified in determined this temporary rule is Fisheries of the Caribbean, Gulf of 50 CFR 622.41(a)(1)(iii). The 2018 necessary for the conservation and Mexico, and South Atlantic; 2018 commercial quota (equivalent to the management of Gulf greater amberjack Commercial Accountability Measure commercial ACT) is 277,651 lb and is consistent with the Magnuson- and Closure for Gulf of Mexico Greater (125,940.38 kg), as specified in 50 CFR Stevens Act and other applicable laws. Amberjack 622.39(a)(1)(v). Additionally, the greater This action is taken under 50 CFR amberjack commercial sector is closed AGENCY: National Marine Fisheries 622.41(a)(1) and is exempt from review each year during the months of March, Service (NMFS), National Oceanic and under Executive Order 12866. April, and May as specified in 50 CFR Atmospheric Administration (NOAA), 622.36(a). These measures are exempt from the Commerce. Under 50 CFR 622.41(a)(1)(i), NMFS procedures of the Regulatory Flexibility ACTION: Temporary rule; closure. is required to close the commercial Act, because the temporary rule is sector for greater amberjack when the issued without opportunity for prior SUMMARY: NMFS implements notice and comment. accountability measures (AMs) for commercial ACT is reached, or is commercial greater amberjack in the projected to be reached, by filing a This action responds to the best Gulf of Mexico (Gulf) reef fish fishery notification to that effect with the Office scientific information available. The for the 2018 fishing year through this of the Federal Register. NMFS has Assistant Administrator for NOAA temporary rule. NMFS has determined determined that as of March 15, 2018, Fisheries (AA), finds that there is good greater amberjack landings have 106.4 percent of the 2018 commercial cause to waive the requirements to exceeded the 2018 commercial annual ACT has been reached. Accordingly, provide prior notice and opportunity for catch target (ACT). Therefore, the NMFS is closing commercial harvest of public comment pursuant to the commercial sector fishing season for greater amberjack from the Gulf EEZ for authority set forth in 5 U.S.C. 553(b)(B). greater amberjack in the Gulf exclusive the remainder of the 2018 fishing year Such procedures are unnecessary economic zone (EEZ) will not re-open effective 12:01 a.m., local time, June 1, because the rule establishing the on June 1, 2018, the end of the 2018, until 12:01 a.m., local time, requirement to close the commercial commercial seasonal closure, and the January 1, 2019. This means that the sector when the commercial ACT is sector will remain closed until the start commercial sector for Gulf greater reached or projected to be reached was of the next commercial fishing season amberjack will not re-open on June 1, subject to notice and comment, and on January 1, 2019. This closure is 2018. NMFS must now notify the public of the During the commercial closure, the necessary to protect the Gulf greater closure. sale or purchase of greater amberjack amberjack resource. Authority: 16 U.S.C. 1801 et seq. taken from the EEZ is prohibited. The DATES: This rule is effective 12:01 a.m., prohibition on sale or purchase does not Dated: March 29, 2018. local time, June 1, 2018, until 12:01 apply to the sale or purchase of greater Jennifer M. Wallace, a.m., local time, January 1, 2019. amberjack that were harvested, landed Acting Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: ashore, and sold prior to 12:01 a.m., Fisheries, National Marine Fisheries Service. Kelli O’Donnell, NMFS Southeast local time, March 1, 2018, and were [FR Doc. 2018–06732 Filed 4–2–18; 8:45 am] Regional Office, telephone: 727–824– held in cold storage by a dealer or BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 64

Tuesday, April 3, 2018

This section of the FEDERAL REGISTER or Christian D. Nissen, Regional all assessable citrus for the 2017–18 contains notices to the public of the proposed Director, Southeast Marketing Field crop year, and continue until amended, issuance of rules and regulations. The Office, Marketing Order and Agreement suspended, or terminated. purpose of these notices is to give interested Division, Specialty Crops Program, The Act provides that administrative persons an opportunity to participate in the AMS, USDA; Telephone: (863) 324– proceedings must be exhausted before rule making prior to the adoption of the final rules. 3375, Fax: (863) 291–8614, or Email: parties may file suit in court. Under [email protected] or section 608c(15)(A) of the Act, any [email protected]. handler subject to an order may file DEPARTMENT OF AGRICULTURE Small businesses may request with USDA a petition stating that the information on complying with this order, any provision of the order, or any Agricultural Marketing Service regulation by contacting Richard Lower, obligation imposed in connection with Marketing Order and Agreement the order is not in accordance with law 7 CFR Part 905 Division, Specialty Crops Program, and request a modification of the order AMS, USDA, 1400 Independence [Doc. No. AMS–SC–17–0074; SC18–905–1 or to be exempted therefrom. Such PR] Avenue SW, STOP 0237, Washington, handler is afforded the opportunity for DC 20250–0237; Telephone: (202) 720– a hearing on the petition. After the Oranges, Grapefruit, Tangerines, and 2491, Fax: (202)720–8938, or Email: hearing, USDA would rule on the Pummelos Grown in Florida; Increased [email protected]. petition. The Act provides that the Assessment Rate SUPPLEMENTARY INFORMATION: This district court of the United States in any action, pursuant to 5 U.S.C. 553, district in which the handler is an AGENCY: Agricultural Marketing Service, proposes an amendment to regulations inhabitant, or has his or her principal USDA. issued to carry out a marketing order as place of business, has jurisdiction to ACTION: Proposed rule. defined in 7 CFR 900.2(j). This proposed review USDA’s ruling on the petition, provided an action is filed not later than SUMMARY: This proposed rule would rule is issued under Marketing Order 20 days after the date of the entry of the implement a recommendation from the No. 905, as amended (7 CFR part 905), ruling. Citrus Administrative Committee regulating the handling of oranges, The Order provides authority for the (Committee) to increase the assessment grapefruit, tangerines, and pummelos Committee, with the approval of USDA, rate established for the 2017–18 and grown in Florida. Part 905, (referred to to formulate an annual budget of subsequent fiscal periods. The as ‘‘the Order’’) is effective under the expenses and collect assessments from assessment rate would remain in effect Agricultural Marketing Agreement Act handlers to administer the program. The indefinitely unless modified, of 1937, as amended (7 U.S.C. 601–674), members are familiar with the suspended, or terminated. hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Committee’s needs and with the costs of DATES: Comments must be received by Order and is comprised of growers and goods and services in their local area May 3, 2018. handlers operating within the area of and are thus in a position to formulate ADDRESSES: Interested persons are production, and a public member. an appropriate budget and assessment invited to submit written comments The Department of Agriculture rate. The assessment rate is formulated concerning this proposed rule. (USDA) is issuing this proposed rule in and discussed in a public meeting. Comments must be sent to the Docket conformance with Executive Orders Thus, all directly affected persons have Clerk, Marketing Order and Agreement 13563 and 13175. This proposed rule an opportunity to participate and Division, Specialty Crops Program, falls within a category of regulatory provide input. AMS, USDA, 1400 Independence actions that the Office of Management This proposed rule would increase Avenue SW, STOP 0237, Washington, and Budget (OMB) exempted from the assessment rate from $0.009, the rate DC 20250–0237; Fax: (202) 720–8938; or Executive Order 12866 review. that was established for the 2013–14 internet: http://www.regulations.gov. Additionally, because this proposed and subsequent fiscal periods, to $0.02 Comments should reference the rule does not meet the definition of a per 4/5-bushel carton of citrus handled document number and the date and significant regulatory action, it does not for the 2017–2018 and subsequent fiscal page number of this issue of the Federal trigger the requirements contained in periods. The proposed higher rate is a Register and will be available for public Executive Order 13771. See OMB’s result of a smaller crop forecast due to inspection in the Office of the Docket Memorandum titled ‘‘Interim Guidance hurricane damage and the need to cover Clerk during regular business hours, or Implementing Section 2 of the Executive Committee expenses. can be viewed at: http:// Order of January 30, 2017, titled The Committee met on June 29, 2017 www.regulations.gov. All comments ‘Reducing Regulation and Controlling and unanimously recommended both submitted in response to this rule will Regulatory Costs’ ’’ (February 2, 2017). maintaining the 2013–14 assessment be included in the record and will be This proposed rule has been reviewed rate and new 2017–18 budgeted made available to the public. Please be under Executive Order 12988, Civil expenditures of $132,000. Following the advised that the identity of the Justice Reform. Under the Order now in significant damage experienced by the individuals or entities submitting the effect, Florida citrus handlers are industry from Hurricane Irma, the comments will be made public on the subject to assessments. Funds to Committee held a second meeting on internet at the address provided above. administer the Order are derived from November 9, 2017, to discuss a revised FOR FURTHER INFORMATION CONTACT: such assessments. It is intended that the crop estimate for 2017–18. Due to Abigail Campos, Marketing Specialist, assessment rate would be applicable to significant crop damage, the Committee

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estimates that assessable cartons for express their views at these meetings. Florida citrus may be classified as large 2017–18 would be six million cartons, USDA would evaluate Committee entities, while the majority of growers down from 8.6 million originally recommendations and other available may be classified as small entities. projected at a June 29, 2017, meeting. information to determine whether This proposal would increase the Given the reduced estimate, the modification of the assessment rate is assessment rate collected from handlers Committee voted to increase the needed. Further rulemaking would be for the 2017–18 and subsequent fiscal assessment rate from $0.009 to $0.02 per undertaken as necessary. The periods from $0.009 to $0.02 per 4/5- 4/5-bushel cartons of citrus to provide Committee’s budget for subsequent bushel carton of Florida citrus. The additional assessment income in order fiscal periods would be reviewed and, Committee unanimously recommended to meet the budgeted expenses of as appropriate, approved by USDA. 2017–18 expenditures of $132,000 and $132,000 and draw less funds from the an assessment rate of $0.02 per 4/5- Initial Regulatory Flexibility Analysis reserves. The assessment rate increase, bushel carton of citrus handled. The along with the funds from reserves and Pursuant to requirements set forth in proposed assessment rate of $0.02 is interest income, should provide the Regulatory Flexibility Act (RFA) (5 $0.011 higher than the 2016–17 rate. sufficient funds to cover anticipated U.S.C. 601–612), the Agricultural The quantity of assessable citrus for the expenses. Marketing Service (AMS) has 2017–18 fiscal period is estimated at six Of the total $132,000 budgeted for the considered the economic impact of this million 4/5 bushel cartons. Thus, the 2017–18 fiscal period, major proposed rule on small entities. $0.02 rate should provide $120,000 in expenditures recommended by the Accordingly, AMS has prepared this assessment income. Income derived Committee include $75,000 for salaries, initial regulatory flexibility analysis. from handler assessments, along with $10,000 for data collection and fresh The purpose of the RFA is to fit interest income and funds from the shipments reporting, and $9,000 for regulatory actions to the scale of Committee’s authorized reserve, would auditing & accounting. Compared to the businesses subject to such actions in be adequate to cover budgeted expenses. previous fiscal year’s budget of order that small businesses will not be The major expenditures $140,600, budgeted expenses for these unduly or disproportionately burdened. recommended by the Committee for the items were $75,000, $25,000, and Marketing orders issued pursuant to the 2017–18 year include $75,000 for $9,200, respectively. The significant Act, and the rules issued thereunder, are salaries, $10,000 for data collection, and decrease in budgeted expenses for data unique in that they are brought about $9,000 for auditing and accounting. collection and fresh shipment reporting through group action of essentially Budgeted expenses for these items in stems from the development of a new small entities acting on their own 2016–17 were $75,000, $25,000, and computer program that better reports behalf. $9,200, respectively. and extrapolates data, thus reducing There are approximately 500 As a result of damage from Hurricane reporting time and increasing producers of Florida citrus in the Irma, the Committee estimates that the efficiencies. production area and approximately 20 2017–18 crop to be approximately six The assessment rate recommended by handlers subject to regulation under the million 4/5-bushel cartons, down from the Committee was derived by marketing order. Small agricultural the 8.6 million 4/5-bushel cartons considering anticipated expenses, producers are defined by the Small estimated on June 29, 2017. Due to the expected shipments, and the amount of Business Administration (SBA) as those decline in production, the current funds available in the authorized having annual receipts less than assessment rate would be insufficient to reserve. Income derived from handler $750,000, and small agricultural service cover the Committee’s anticipated assessments of $120,000 (six million 4/ firms are defined as those whose annual expenditures and would further deplete 5≤ bushel cartons assessed at $0.02 per receipts are less than $7,500,000 (13 the Committee’s reserve fund. The carton), along with interest income and CFR 121.201). assessment rate increase would generate funds from the Committee’s authorized According to data from the National additional revenue and would help reserve, would be adequate to cover Agricultural Statistics Service (NASS), offset the amount of reserves needed to budgeted expenses of $132,000. Funds the industry, and the Committee, for the fund the budget. Therefore, the in the reserve (currently $124,040) 2016–17 season the weighted average Committee recommended increasing the would be kept within the maximum f.o.b. price for Florida citrus was assessment rate. permitted by § 905.42 and would not approximately $15.20 per carton with Prior to arriving at this budget and exceed the expenses of two fiscal total shipments of 12.6 million cartons. assessment rate, the Committee periods. Using the number of handlers, and considered maintaining the current The assessment rate proposed in this assuming a normal distribution, the assessment rate of $0.009 per 4/5-bushel rule would continue in effect majority of handlers would have average cartons of citrus. However, leaving the indefinitely unless modified, annual receipts of more than $7,500,000 assessment unchanged would not suspended, or terminated by USDA ($15.20 times 12.6 million equals generate sufficient revenue to meet the upon recommendation and information $191,520,000 divided by 20 handlers Committee’s expenses for the 2017–18 submitted by the Committee or other equals $9,576,000 per handler). budget of $132,000 and would deplete available information. In addition, based on the NASS data, the reserve. Based on estimated Although this assessment rate would the weighted average grower price for shipments, the recommended be in effect for an indefinite period, the the 2016–2017 season was around $8.30 assessment rate of $0.02 should provide Committee would continue to meet per carton of citrus. Based on grower $120,000 in assessment income. The prior to or during each fiscal period to price, shipment data, and the total Committee determined assessment recommend a budget of expenses and number of Florida citrus growers, and revenue, along with interest income and consider recommendations for assuming a normal distribution, the funds from the authorized reserves modification of the assessment rate. The average annual grower revenue is below would be adequate to cover budgeted dates and times of Committee meetings $750,000 ($8.30 times 12.6 million expenses for the 2017–18 fiscal period. are available from the Committee or cartons equals $104,580,000 divided by A review of historical information and USDA. Committee meetings are open to 500 growers equals $209,160 per preliminary information pertaining to the public and interested persons may grower). Thus, the majority of handlers the upcoming fiscal year indicates that

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the average grower price for the 2017– guide should be sent to Richard Lower continue to conduct the MIRS in the 18 season should be approximately at the previously mentioned address in same manner as it is doing presently, $21.38 per 4/5-bushel cartons of citrus. the FOR FURTHER INFORMATION CONTACT there is no need to carry over this Therefore, the estimated assessment section. provision into its own regulations. revenue for the 2017–18 fiscal period as FHFA also is proposing to repeal a List of Subjects in 7 CFR Part 905 a percentage of total grower revenue number of subchapters of the Finance would be about 0.09 percent. Grapefruit, Marketing agreements, Board regulations that it had previously This proposed action would increase Oranges, Reporting and recordkeeping reserved, but which no longer serve any the assessment obligation imposed on requirements, Tangerines, Pummelos. purpose because they include no handlers. While assessments impose For the reasons set forth in the regulatory text. some additional costs on handlers, the preamble, 7 CFR part 905 is proposed to DATES: Written comments must be costs are minimal and uniform on all be amended as follows: received on or before May 18, 2018. handlers. Some of the additional costs ADDRESSES: You may submit your PART 905—ORANGES, GRAPEFRUIT, may be passed on to producers. comments, identified by Regulatory TANGERINES, AND PUMMELOS However, these costs would be offset by Information Number (RIN) 2590–AA91, the benefits derived by the operation of GROWN IN FLORIDA by any of the following methods: the Order. In addition, the Committee’s • Agency Website: www.fhfa.gov/ meetings were widely publicized ■ 1. The authority citation for 7 CFR part 905 continues to read as follows: open-for-comment-or-input. throughout the Florida citrus industry. • Federal eRulemaking Portal: http:// All interested persons were invited to Authority: 7 U.S.C. 601–674. www.regulations.gov. Follow the attend the meetings and participate in ■ 2. Section 905.235 is revised to read instructions for submitting comments. If Committee deliberations on all issues. as follows: you submit your comment to the Like all Committee meetings, the June Federal eRulemaking Portal, please also 29, 2017, and November 9, 2017, § 905.235 Assessment rate. send it by email to FHFA at meetings were public meetings and all On and after August 1, 2017, an [email protected] to ensure entities, both large and small, were able assessment rate of $0.02 per 4/5-bushel timely receipt by FHFA. Please include to express views on this issue. Finally, carton or equivalent is established for Comments/RIN 2590–AA91 in the interested persons are invited to submit Florida citrus covered under the Order. subject line of the submission. comments on this proposed rule, • Dated: March 28, 2018. Courier/Hand Delivery: The hand including the regulatory and delivery address is: Alfred M. Pollard, Erin Morris, information collection impacts of this General Counsel, Attention: Comments/ action on small businesses. Associate Administrator, Agricultural RIN 2590–AA91, Federal Housing In accordance with the Paperwork Marketing Service. Finance Agency, 400 Seventh Street Reduction Act of 1995 (44 U.S.C. [FR Doc. 2018–06726 Filed 4–2–18; 8:45 am] SW, Eighth Floor, Washington, DC Chapter 35), the Order’s information BILLING CODE 3410–02–P 20219. Deliver the package to the collection requirements have been Seventh Street entrance Guard Desk, previously approved by the OMB and First Floor, on business days between 9 assigned OMB No. 0581–0109 Generic FEDERAL HOUSING FINANCE a.m. and 5 p.m. Fruit Crops. No changes in those AGENCY • U.S. Mail, United Parcel Service, requirements would be necessary as a Federal Express, or Other Mail Service: result of this action. Should any changes 12 CFR Parts 900, 906, and 956–999 The mailing address for comments is: become necessary, they would be RIN 2590–AA91 Alfred M. Pollard, General Counsel, submitted to OMB for approval. Attention: Comments/RIN 2590–AA91, This proposed rule would not impose Federal Housing Finance Board; Federal Housing Finance Agency, 400 any additional reporting or Repeal of Federal Housing Finance Seventh Street SW, Eighth Floor, recordkeeping requirements on either Board Regulations Washington, DC 20219. Please note that small or large Florida citrus handlers. all mail sent to FHFA via the U.S. Mail As with all Federal marketing order AGENCY: Federal Housing Finance service is routed through a national programs, reports and forms are Board; Federal Housing Finance irradiation facility, a process that may periodically reviewed to reduce Agency. delay delivery by approximately two information requirements and ACTION: Proposed rule. weeks. For any time-sensitive duplication by industry and public correspondence, please plan sector agencies. SUMMARY: The Federal Housing Finance AMS is committed to complying with Agency (FHFA) is proposing to repeal accordingly. the E-Government Act, to promote the two parts of the Federal Housing FOR FURTHER INFORMATION CONTACT: use of the internet and other Finance Board (Finance Board) Vickie R. Olafson, Assistant General information technologies to provide regulations, one of which defines terms Counsel, [email protected], increased opportunities for citizen used in Finance Board regulations and (202) 649–3025 (this is not a toll-free access to Government information and one of which describes the process by number), Federal Housing Finance services, and for other purposes. which the Finance Board conducted its Agency, 400 Seventh Street SW, USDA has not identified any relevant monthly interest rate survey (MIRS). Washington, DC 20219. The telephone Federal rules that duplicate, overlap, or The definitions to be repealed are either number for the Telecommunications conflict with this proposed rule. obsolete or duplicate definitions that Device for the Deaf is (800) 877–8339. A small business guide on complying FHFA has previously adopted. The SUPPLEMENTARY INFORMATION: with fruit, vegetable, and specialty crop regulation relating to the MIRS has marketing agreements and orders may become outdated because it does not I. Comments be viewed at: http://www.ams.usda.gov/ accurately describe the manner in FHFA invites comments on all aspects rules-regulations/moa/small-businesses. which FHFA currently conducts the of this proposed rule. FHFA will make Any questions about the compliance survey. Although FHFA intends to all comments timely received available

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for examination by the public through repeal the Finance Board definitions at Historically, two housing finance the electronic rulemaking docket for this that time because a number of benchmarks have been based on data proposed rule, which is located on the substantive Finance Board regulations obtained through the MIRS: (1) The FHFA website at http://www.fhfa.gov. that used those terms remained in ‘‘national average one-family house Such comments will be posted without effect.5 Since 2013, FHFA has relocated price,’’ which, between 1980 and 2008, change and will include any personal or repealed all of the substantive Fannie Mae and Freddie Mac were information you provide, such as name, Finance Board regulations, other than statutorily required to use in making address, email address, and telephone those relating to Bank capital annual adjustments to the conforming number. After considering all requirements, which are the subject of a loan limit; 7 and (2) the Adjustable Rate comments, FHFA will issue a final rule. separate rulemaking.6 Accordingly, Mortgage (ARM) Index, which at one time was widely used by lenders in II. Background FHFA is now proposing to repeal all of the definitions within part 900 of the determining the appropriate periodic Effective July 30, 2008, the Housing Finance Board regulations. Certain of interest rate adjustment on their ARM and Economic Recovery Act of 2008 loans. 1 those defined terms, however, such as (HERA), created FHFA as a new ‘‘capital plan,’’ ‘‘excess stock,’’ and Adjustments in the conforming loan independent agency of the Federal ‘‘advance,’’ are used within the Finance limits for Fannie Mae and Freddie Mac Government, and transferred to FHFA Board capital regulations at parts 930 are no longer based on data collected the supervisory and oversight and 932, which likely will remain in through the MIRS. Some lenders, responsibilities of the Finance Board effect during an extended transition however, may still use FHFA’s ARM over the Federal Home Loan Banks period to the new FHFA Bank capital Index, which is derived from MIRS data, (Banks), the oversight responsibilities of as one factor in pricing mortgage loans regulations. Each of those terms is well the Office of Federal Housing Enterprise that they originate. In addition, understood by the Banks and also has Oversight (OFHEO) over the Federal businesses, trade associations, and been carried over into the FHFA National Mortgage Association and the government agencies at both the federal definitions at part 1201 without Federal Home Loan Mortgage and state level rely upon the MIRS data Corporation (the Enterprises), and substantive change. Accordingly, to the for various business and regulatory certain functions of the Department of extent that any interpretive questions purposes. Housing and Urban Development.2 may arise with respect to parts 930 and FHFA intends to continue conducting Under section 1313(a) of the Federal 932 after FHFA repeals the definitions the MIRS and publishing the data Housing Enterprises Financial Safety in part 900, the Banks may look to the results on its website monthly. Because and Soundness Act of 1992 (Safety and identical definitions in part 1201 of the the current MIRS regulation includes an Soundness Act), FHFA is responsible FHFA regulations to address those outdated description of the manner in for ensuring that the Banks and the questions. which the survey is conducted, Enterprises operate in a safe and sound B. Finance Board Part 906 however, and is not necessary in order manner, including that they maintain to implement the statutory mandate that adequate capital and internal controls, FHFA proposes to repeal Part 906 of FHFA conduct the survey, FHFA has that their activities foster liquid, the Finance Board Regulations, determined that the regulation is efficient, competitive and resilient consisting of reserved subparts A and C, unnecessary.8 Therefore, FHFA is national housing finance markets, and and subpart B, § 906.5, which describes proposing to repeal part 906 in its that they carry out their public policy the manner in which the Finance Board entirety, consisting of the MIRS missions through authorized activities.3 conducted the ‘‘Monthly Survey of regulation in subpart B, § 906.5, and The Banks and the Enterprises remain Rates and Terms on Conventional One- reserved subparts A and C. subject to, and continue to operate Family Non-farm Mortgage Loans’’ C. Finance Board Parts 956–999 under, regulations promulgated by the commonly referred to as the ‘‘Monthly [Reserved] and Subchapters F–M Finance Board and by OFHEO and Interest Rate Survey’’ or ‘‘MIRS.’’ The [Reserved] HUD, respectively, until such MIRS is a monthly survey of mortgage regulations are superseded by lenders that solicits information on the FHFA proposes to repeal parts 956– regulations issued by FHFA.4 The terms and conditions on all 999 of title 12 of the CFR, which are Finance Board regulations that are the conventional, single-family, fully Finance Board provisions that are subject of this rulemaking have amortizing, purchase-money mortgage designated as ‘‘[r]eserved.’’ These remained in effect pursuant to that loans closed during the last five working reserved parts are currently the only authority. days of the preceding month. It was items under subchapters F–M of chapter IX of title 12. Because these parts III. The Proposal originally conducted by the Federal Home Loan Bank Board (FHLBB), and contain no substantive provisions, there A. Definitions—Finance Board Part 900 was continued by the Finance Board, in is nothing to revise and relocate to the FHFA regulations. Nonetheless, unless accordance with the Financial FHFA proposes to repeal part 900 of FHFA affirmatively removes the Institutions Reform, Recovery, and the Finance Board regulations, which reference to those parts as being Enforcement Act of 1989, the legislation includes definitions of forty-two terms reserved and removes subchapters F–M that abolished the FHLBB and that had been used throughout the those references and empty subchapters Finance Board regulations. In 2013, established the Finance Board as its successor. FHFA also has continued to FHFA carried over into its own 7 The Housing and Community Development Act regulations, at part 1201, most of the conduct the survey and publish the data of 1980 tied the Fannie Mae and Freddie Mac Finance Board definitions, but did not tables monthly, as successor to the conforming loan limits to MIRS. See Public Law Finance Board. 96–399, Title III, section 313(a), (b), 94 Stat. 1644– 45 (Oct. 8, 1980). 1 HERA, Public Law 110–289, 122 Stat. 2654. 8 See Financial Institutions Reform, Recovery, 2 See id. at section 1101, 122 Stat. 2661–62 5 See Relocation of Regulations, 78 FR 2319 (Jan. and Enforcement Act of 1989, Public Law 101–73, (codified at 12 U.S.C. 4511, 4511 note, and 4513). 11, 2013). Title IV, section 402(e), 103 Stat. 359–360 (Aug. 9, 3 12 U.S.C. 4513(a). 6 See Proposed rule, Federal Home Loan Bank 1989), codified at 12 U.S.C. 1437 note (regarding the 4 Id. at 4511 note. Capital Requirements, 82 FR 30776 (July 3, 2017). continuation of the ARM Index).

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F–M would remain in the CFR after number 2590–0004, which is due to Dated: March 26, 2018. FHFA has removed or relocated all of expire on September 30, 2020. Melvin L. Watt, the other substantive Finance Board Although the proposed rule would Director, Federal Housing Finance Agency. regulations. Therefore, in the interest of remove the descriptive provision [FR Doc. 2018–06564 Filed 4–2–18; 8:45 am] ensuring that all Finance Board regarding the MIRS that now appears at BILLING CODE 8070–01–P regulations that will not be carried 12 CFR 906.5, that removal would not forward into the FHFA regulations are change any aspect of the information removed, FHFA is repealing parts 956– collection; that is, FHFA would DEPARTMENT OF TRANSPORTATION 999 and subchapters F–M in their continue to conduct the survey in entirety. accordance with the terms of the Federal Aviation Administration existing PRA clearance. Therefore, IV. Considerations of Differences FHFA has not submitted to OMB a 14 CFR Part 39 Between the Banks and the Enterprises request to approve a revision to control number 2590–0004. [Docket No. FAA–2017–0127; Product Section 1313(f) of the Safety and Identifier 2016–NM–161–AD] Soundness Act requires the FHFA VI. Regulatory Flexibility Act RIN 2120–AA64 Director, when promulgating regulations The Regulatory Flexibility Act (5 ‘‘of general applicability and future U.S.C. 601 et seq.) requires an agency to Airworthiness Directives; The Boeing effect’’ relating to the Banks, to consider analyze a proposed rule’s impact on Company Airplanes the differences between the Banks and small entities if the final rule is the Enterprises as they may relate to the expected to have a significant economic AGENCY: Federal Aviation Banks’ cooperative ownership structure, impact on a substantial number of small Administration (FAA), DOT. mission of providing liquidity to entities. 5 U.S.C. 605(b). FHFA has ACTION: Supplemental notice of members, affordable housing and considered the impact of this proposed rulemaking (SNPRM); community development mission, rulemaking and determined that it is not reopening of comment period. capital structure, and joint and several likely to have a significant economic liability.9 With respect to the repeal of SUMMARY: We are revising an earlier impact on a substantial number of small proposal for all The Boeing Company Finance Board regulations subject to entities because, even assuming it had this rulemaking, this proposal does not Model 737–600, –700, –700C, –800, an economic impact, it would apply –900, and –900ER series airplanes; impose any new obligations on the only to the regulated entities, which are Banks, but instead simply removes Model 757 airplanes; and Model 767 not small entities for purposes of the airplanes. This action revises the notice existing Finance Board regulations that Regulatory Flexibility Act. either have been previously carried over of proposed rulemaking (NPRM) by to the FHFA regulations or, as a result List of Subjects adding Model 737–8 airplanes and future Model 737 airplanes to the of the passage of HERA and changed 12 CFR Part 900 applicability. We are proposing this circumstances, are obsolete, Federal home loan banks, Office of airworthiness directive (AD) to address unnecessary and no longer of any Finance, Regulated entity. the unsafe condition on these products. regulatory purpose. Further, the repeal Since these actions impose an of parts 900, 906 and 956–999 of title 12 12 CFR Part 906 additional burden over those proposed of the CFR would not have a ‘‘future Conventional one-family non-farm in the NPRM, we are reopening the effect’’ on the rights and responsibilities mortgage loans, Government contracts, comment period to allow the public the of the Banks. For all of these reasons, a Minority businesses, Monthly interest chance to comment on these changes. statutory differences analysis is not rate survey, Mortgages, Reporting and DATES: The comment period for the required for this final rule.10 recordkeeping requirements. NPRM published in the Federal V. Paperwork Reduction Act 12 CFR Parts 956–999 Register on March 9, 2017 (82 FR Reserved. 13073), is reopened. The Paperwork Reduction Act of 1995 We must receive comments on this (PRA) requires that FHFA consider the Authority and Issuance SNPRM by May 18, 2018. impact of paperwork and other Accordingly, for reasons stated in the ADDRESSES: You may send comments, information collection burdens imposed 11 preamble and under the authority of 12 using the procedures found in 14 CFR on the public. Under the PRA and the U.S.C. 4511, 4512, 4513, and 4526, 11.43 and 11.45, by any of the following implementing regulations of the Office FHFA proposes to amend subchapters methods: of Management and Budget (OMB), an A, B, and F–M of chapter IX of the Code • Federal eRulemaking Portal: Go to agency may not collect or sponsor the of Federal Regulations as follows: http://www.regulations.gov. Follow the collection of information, nor may it instructions for submitting comments. impose an information collection CHAPTER IX—FEDERAL HOUSING • FINANCE BOARD Fax: 202–493–2251. requirement unless it displays a • Mail: U.S. Department of currently valid control number assigned SUBCHAPTER A—[REMOVED AND Transportation, Docket Operations, M– by OMB.12 The MIRS addressed by 12 RESERVED] 30, West Building Ground Floor, Room CFR 906.5 is a collection of information ■ 1. Remove and reserve subchapter A W12–140, 1200 New Jersey Avenue SE, that OMB has approved under control consisting of part 900. Washington, DC 20590. • Hand Delivery: U.S. Department of SUBCHAPTER B—[REMOVED AND 9 12 U.S.C. 4513(f). RESERVED] Transportation, Docket Operations, M– 10 This is consistent with prior FHFA rulemakings 30, West Building Ground Floor, Room ■ 2. Remove and reserve subchapter B that involved only the repeal of Finance Board W12–140, 1200 New Jersey Avenue SE, regulations. See Repeal of Regulations, 76 FR 74648 consisting of part 906. (Dec. 1, 2011). Washington, DC 20590, between 9 a.m. 11 See 44 U.S.C. 3507(a) and (d). SUBCHAPTERS F–M—[REMOVED] and 5 p.m., Monday through Friday, 12 See 44 U.S.C. 3512(a); 5 CFR 1320.8(b)(3)(vi). ■ 3. Remove reserved subchapters F–M. except Federal holidays.

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For service information identified in apply to all The Boeing Company Model comply with the AWL as specified in 14 this SNPRM, contact Boeing 737–600, –700, –700C, –800, –900, and CFR 43.16 and 91.403(c). This new Commercial Airplanes, Attention: –900ER series airplanes; Model 757 proposed AWL (to prohibit the Contractual & Data Services (C&DS), airplanes; and Model 767 airplanes. The installation of certain parts) is also 2600 Westminster Blvd., MC 110–SK57, NPRM published in the Federal proposed for Boeing Model 737–600, Seal Beach, CA 90740–5600; telephone: Register on March 9, 2017 (82 FR –700, –700C, –800, –900, and –900ER 562–797–1717; internet: https:// 13073). The NPRM was prompted by series airplanes; Model 757 series www.myboeingfleet.com. You may view reports of latently failed motor-operated airplanes; and Model 767 series this service information at the FAA, valve (MOV) actuators of the fuel airplanes. Transport Standards Branch, 2200 shutoff valves. The NPRM proposed to South 216th St., Des Moines, WA. For require replacing certain MOV actuators Revised Service Information information on the availability of this of the fuel shutoff valves for the left and Boeing has revised the service material at the FAA, call 206–231–3195. right engines (on all airplanes) and of information specified in this SNPRM. It is also available on the internet at the auxiliary power unit (APU) fuel We have revised this proposed AD to http://www.regulations.gov by searching shutoff valve (on Model 757 and Model specify using the latest revisions as the for and locating Docket No. FAA–2017– 767 airplanes); and revising the appropriate source of service 0127. maintenance or inspection program, as information and to credit the previous applicable, to incorporate certain Examining the AD Docket revisions, as follows: airworthiness limitations (AWLs). Paragraphs (g)(2) and (h)(2) of this You may examine the AD docket on Actions Since the NPRM Was Issued proposed AD specify Boeing Special the internet at http:// Attention Service Bulletin 757–28– www.regulations.gov by searching for Since we issued the NPRM, we have 0138, Revision 1, dated June 19, 2017. and locating Docket No. FAA–2017– determined that The Boeing Company Paragraph (n)(1) of this proposed AD 0127; or in person at the Docket Model 737–8 series airplanes and future specifies credit for Boeing Special Management Facility between 9 a.m. Model 737 airplanes are also subject to Attention Service Bulletin 757–28– and 5 p.m., Monday through Friday, the unsafe condition, and therefore it is 0138, dated May 18, 2016. except Federal holidays. The AD docket necessary to add these airplanes to the contains this SNPRM, the regulatory applicability. Paragraphs (i)(2)(i), (i)(2)(ii), and evaluation, any comments received, and Model 737–8 airplanes are delivered (i)(2)(iii) of this proposed AD specify other information. The street address for with the MOV actuator having part Boeing 757 Maintenance Planning Data the Docket Office (phone: 800–647– number (P/N) MA30A1017 (Boeing P/N (MPD) Document, Section 9, 5527) is in the ADDRESSES section. S343T003–76) as the type design Airworthiness Limitations (AWLs) and Comments will be available in the AD configuration. This is the latest MOV Certification Maintenance Requirements docket shortly after receipt. actuator part number currently (CMRs), D622N001–9, Revision February 2017. Paragraph (n)(4) of this FOR FURTHER INFORMATION CONTACT: Tak available, and that part number proposed AD specifies credit for Boeing Kobayashi, Aerospace Engineer, addresses the unsafe condition Propulsion Section, FAA, Seattle ACO identified in this SNPRM. Subsequent 757 Maintenance Planning Data (MPD) Branch, 2200 South 216th St., Des future Model 737 airplanes are expected Document, Section 9, Airworthiness Moines, WA 98198; phone and fax: 206– to be certified and delivered with the Limitations (AWLs) and Certification 231–3553; email: Takahisa.Kobayashi@ same MOV actuator part number. For Maintenance Requirements (CMRs), faa.gov. those future Model 737 airplanes, D622N001–9, Revision January 2016, or installation of the MOV actuator having Revision July 2016. SUPPLEMENTARY INFORMATION: any earlier part number would not be Comments Comments Invited part of the type design configuration; We gave the public the opportunity to We invite you to send any written such installation will therefore not be comment on the NPRM. The following relevant data, views, or arguments about allowed. However, installation of an presents the comments received on the this proposal. Send your comments to MOV actuator having an earlier part NPRM and the FAA’s response to each an address listed under the ADDRESSES number is functionally and physically comment. section. Include ‘‘Docket No. FAA– possible for Model 737–8 airplanes and 2017–0127; Product Identifier 2016– potentially for the future Model 737 Request To Issue Three Separate ADs NM–161–AD’’ at the beginning of your airplanes, and such installation could United Airlines (UAL) requested that comments. We specifically invite occur in the field by using provisions in we issue three separate ADs, one each comments on the overall regulatory, FAA Advisory Circular 120–77 or other for Model 737 airplanes, Model 757 economic, environmental, and energy means. airplanes, and Model 767 airplanes, aspects of this SNPRM. We will To avoid such installation that could instead of one AD. UAL requested this consider all comments received by the result in an unsafe airplane closing date and may amend this configuration, this SNPRM proposes to revision to reduce complexity and avoid SNPRM because of those comments. require, for Model 737–8 airplanes and possible confusion. We will post all comments we subsequent future Model 737 airplanes, We do not agree with UAL’s request. receive, without change, to http:// incorporation of an AWL that would We have decided to cover Model 737, www.regulations.gov, including any prohibit installation of the MOV Model 757, and Model 767 airplanes in personal information you provide. We actuator having earlier part numbers. this SNPRM. We consider that the level will also post a report summarizing each Other than the parts installation of complexity of this SNPRM is substantive verbal contact we receive prohibition, no maintenance action is reasonable and that the proposed about this SNPRM. associated with the new AWL specified actions are clearly defined. in this proposed AD. Once the AWL is Additionally, to restructure the AD as Discussion incorporated into an operator’s requested, would unnecessarily delay We issued an NPRM to amend 14 CFR maintenance or inspection program, as the issuance of the final rule and part 39 by adding an AD that would applicable, the operator is required to mitigation of the unsafe condition. We

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have not changed this SNPRM regarding uncontrollable. The AWL repetitive those part numbers are removed from an this issue. inspections only limit the time of airplane and replaced by an acceptable exposure of the airplane configuration part number, the repetitive inspections Request To Justify Requirement To dispatched with a failed fuel shutoff specified in the AWLs do not apply to Install Latest MOV Actuator Part means. Also, repetitive inspections have that airplane. Number a potential of introducing human errors The condition discussed above will Japan Airlines (JAL) noted that that could result in a failure to detect an ensure adherence to applicable according to AD 2015–19–03, MOV actuator failure or other issues. requirements during the compliance Amendment 39–18266 (80 FR 55527, We have not changed this SNPRM time of this proposed AD. We also have September 16, 2015) (‘‘AD 2015–19– regarding this issue. determined that an additional means is 03’’), and AD 2015–21–09, Amendment necessary to protect the airplanes from 39–18302 (80 FR 65121, October 26, Requests To Terminate Other ADs installation of the discrepant MOV 2015) (‘‘AD 2015–21–09’’), MOV Air Canada (ACN), All Nippon actuators at certain locations. This actuators P/N MA20A2027 and Airways (ANA), Delta Airlines (DAL), proposed AD would require removal of MA30A1001 that are repetitively the Europe Aviation Safety Agency an MOV actuator having P/N inspected need not be replaced by P/N (EASA), FedEx Express (FedEx), MA30A1001 (Boeing P/N S343T003–66) MA30A1017. JAL requested that we Pegasus Airlines, UAL, and Southwest or MA20A2027 (Boeing P/N S343T003– provide the reason for mandating the Airlines (SWA) requested that we revise 56) at specific locations. However, it is installation of the latest MOV actuator the proposed AD (in the NPRM) to possible those MOV actuator part part number instead of allowing specify that the accomplishment of the numbers may be re-installed since those repetitive inspections. JAL stated that it proposed actions would terminate the part numbers continue to be available has never experienced a failure of an requirements of AD 2015–19–04 (for and acceptable for installation at MOV actuator, and it is therefore not Model 757 airplanes), AD 2015–21–09 locations other than those locations necessary to mandate the replacement of (for Model 767 airplanes), and AD addressed by this proposed AD where MOV actuators with the latest type if the 2015–21–10 (for Model 737 airplanes). failures do not pose a safety concern. To repetitive inspections of MOV actuators The commenters stated that the three address this concern, we have (required by the ADs referenced by JAL) referenced ADs require incorporation of determined that the incorporation of a are being accomplished daily or every the AWLs that require repetitive new AWL that would prohibit the 10 days. inspections of the MOV actuators installation of MOV actuators having P/ We agree that clarification of the having part number (P/N) MA30A1001 Ns MA30A1001 (Boeing P/N S343T003– reason for the proposed installation is (Boeing P/N S343T003–66) or 66) and MA20A2027 (Boeing P/N necessary. Three ADs were issued to MA20A2027 (Boeing P/N S343T003– S343T003–56) at specific locations is correct latent failures of the MOV 56). The commenters asserted that since necessary. actuator for the left engine and right the proposed AD (in the NPRM) would We have specified the requirement to engine fuel shutoff valves and for mandate replacement of those part revise the maintenance or inspection certain airplanes, the auxiliary power numbers with a new part number, the program, as applicable, to incorporate a unit (APU) fuel shutoff valve. Those three ADs should be terminated by the new AWL in paragraph (j) of this ADs are AD 2015–21–10, Amendment new AD action. proposed AD. This action must be 39–18303 (80 FR 65130, October 26, We agree to revise this proposed AD accomplished after the accomplishment 2015) (‘‘AD 2015–21–10’’), AD 2015– to specify a condition that would of the actions required by paragraphs 21–09, and AD 2015–19–04, terminate the requirements of AD 2015– (g), (h), and (i) of this proposed AD, as Amendment 39–18267 (80 FR 55505, 19–04, AD 2015–21–09, and AD 2015– applicable, on all affected airplanes in September 16, 2015) (‘‘AD 2015–19– 21–10. We have determined that the an operator’s fleet and before the end of 04’’). AD 2015–19–03 (referenced by the requirements of those ADs can be the compliance time of this proposed commenter) was superseded by AD terminated only after the actions AD. Other than the parts installation 2015–21–10. AD 2015–21–10, AD 2015– required by this proposed AD are prohibition, no maintenance action is 21–09, and AD 2015–19–04 explained accomplished on all affected airplanes associated with the new AWL. We have that the repetitive inspections required in an operator’s fleet. We consider that also added paragraph (m) in this by the AWLs were considered to be an the above condition is necessary to proposed AD to specify that interim action to address the unsafe ensure the safety of mixed airplane incorporation of the applicable AWL condition, and that we might consider configurations in an operator’s fleet into the maintenance or inspection additional rulemaking once the during the compliance time of this program, as applicable, would terminate modification that would address the proposed AD. certain requirements of AD 2015–19–04, unsafe condition was developed. This We also consider that keeping the AD 2015–21–09, and AD 2015–21–10. proposed AD would require AWLs mandated by AD 2015–19–04, We have moved the content of replacement of the specific MOV AD 2015–21–09, or AD 2015–21–10 in paragraph (m) of this proposed AD (in actuator part numbers because the the maintenance or inspection program, the NPRM) to paragraph (p) of this installation of the latest MOV actuator as applicable, until the actions specified proposed AD. part number would result in a by this proposed AD are accomplished configuration that is fail safe, by on all affected airplanes in an operator’s Request To Identify Acceptable eliminating latent MOV actuator failure fleet would cause no extra burden on Replacement MOV Actuator Part modes that would leave the airplane one operators. The AWLs mandated by AD Numbers failure away from a potential incident or 2015–19–04, AD 2015–21–09, or AD ANA, Boeing, DAL, DHL Express accident. Without this modification, 2015–21–10 require repetitive (DHL), FedEx, and UAL requested that affected airplanes have a potential of inspections only for airplanes with we revise paragraphs (h)(2) and (h)(3) of being dispatched with a failed MOV MOV actuators having P/N MA30A1001 the proposed AD (in the NPRM) to add actuator. In the event of an engine or (Boeing P/N S343T003–66) or MOV actuators having P/Ns AV–31–1, APU fire, such a dispatch configuration MA20A2027 (Boeing P/N S343T003–56) MA11A1265, and MA11A1265–1 would allow certain fires to become installed at specific locations. Once (Boeing P/N S343T003–111, S343T003–

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14, and S343T003–41) as acceptable they did not identify a proposed Request To Revise Parts Installation replacements. The commenters stated compliance time. We have evaluated the Prohibition that the service information specified in level of safety and also the mitigation ANA and UAL requested that we paragraphs (h)(2) and (h)(3) of the provided by the airworthiness revise paragraph (j) of the proposed AD proposed AD (in the NPRM) identifies limitations mandated by AD 2015–19– (in the NPRM) by adding alternative these MOV actuators as acceptable 04, AD 2015–21–09, and AD 2015–21– MOV actuator P/Ns AV–31–1, replacements. 10. We have determined that the 8-year MA11A1265, and MA11A1265–1 We agree with the commenters’ compliance time is adequate to address (Boeing P/N S343T003–111, S343T003– request to identify additional MOV the identified unsafe condition. We 14, and S343T003–41, respectively), if actuator part numbers that are have not changed this proposed AD those alternative part numbers are acceptable to be used as replacement regarding this issue. allowed under paragraphs (h)(2) and parts, with the following clarification. (h)(3) of the proposed AD (in the For Model 757 airplanes, MOV actuator Request To Permit MOV Actuator Part NPRM). ANA also suggested changing P/N MA11A1265 (Boeing P/N Numbers Developed in the Future S343T003–14) is acceptable as installed the wording ‘‘fuel shutoff valves’’ to SWA requested that we revise ‘‘left and right engine fuel shutoff on the delivered airplanes, but that part paragraph (h)(1) of the proposed AD (in number is not allowed to be used as a valves’’ in paragraph (j) of the proposed the NPRM) to permit MOV actuators AD (in the NPRM) to eliminate replacement for other part numbers as having part numbers approved in the instructed in the service information ambiguity, since Model 767 airplanes future. SWA stated that this would have several fuel shutoff valves. The specified in this proposed AD. The use reduce requests for approval of an of MOV actuator P/N MA11A1265 commenters stated that if the alternative alternative method of compliance part numbers are allowed for (Boeing P/N S343T003–14) to replace (AMOC). other part numbers is allowed for Model installation under paragraphs (h)(2) and We disagree with SWA’s request. (h)(3) of the proposed AD (in the 767 airplanes, but not for Model 757 Paragraphs (h)(l), (h)(2), and (h)(3) of the airplanes. We have revised paragraphs NPRM), paragraph (j) of the proposed proposed AD (in the NPRM) did not AD (in the NPRM) should prohibit the (h)(2) and (h)(3) of this proposed AD allow the installation of new MOV accordingly. replacement of those alternative part actuator part numbers that could be numbers with MOV actuators having P/ Request To Specify Differences Between made available in the future. During the N MA30A1001 (Boeing P/N S343T003– Proposed Requirements and Service installation of the MOV actuator, it is 66) or MA20A2027 (Boeing P/N Information critical to ensure that the MOV actuator S343T003–56). is properly bonded to the structure to DAL noted that the NPRM referred to We agree with the commenters’ prevent the development of an ignition ‘‘Differences Between this Proposed AD requests. Those alternative MOV source inside the fuel tank due to fault and the Service Information,’’ but such actuators are acceptable for Model 757 current or lightning strike. To ensure a section was not in the NPRM. DAL and Model 767 airplanes and should not proper installation of a future MOV requested that we add a section that be replaced by MOV actuators having P/ actuator part number, we would have to discusses the differences between the N MA30A1001 (Boeing P/N S343T003– require in the AD that a future MOV proposed AD (in the NPRM) and the 66) or MA20A2027 (Boeing P/N actuator part number would be installed service information specified in the S343T003–56) after the effective date of in accordance with applicable NPRM. DAL explained one key the AD. The parts installation installation instructions. Since difference: the alternative acceptable prohibition specified in paragraph (j) of applicable installation instructions for a MOV actuator part numbers that are proposed AD (in the NPRM) future MOV actuator part number do not specified in the service information for corresponds with the parts installation exist, and we cannot incorporate Model 757 and Model 767 airplanes are prohibitions specified in paragraphs instructions which do not exist in an not specified in the proposed AD. (l)(1) through (1)(4) of this proposed AD, We partially agree with DAL’s AD, we cannot allow the installation of which identify affected part numbers for request. The NPRM inadvertently future MOV actuator part numbers in the airplanes identified in those referred to an unnecessary section that the proposed AD. However, operators paragraphs. The parts installation was not included in the NPRM. may request an AMOC in accordance prohibition for Model 757 and Model Furthermore, we did not intend to differ with paragraph (o) of this proposed AD 767 airplanes is specified in paragraphs with the service information in regards to allow installation of MOV actuators (l)(2) and (l)(3) of this proposed AD, and to the additional MOV actuator part approved in the future. We have made additional MOV actuator part numbers numbers specified in the service no further change to paragraphs (h)(1), are identified in those paragraphs as information for Model 757 and Model (h)(2), and (h)(3) of this proposed AD in requested by the commenters. We also 767 airplanes. As stated previously, we this regard. added ‘‘for the left engine and right have revised paragraphs (h)(2) and (h)(3) Request To Use Serviceable Parts engine fuel shutoff valves’’ in of this proposed AD to allow the paragraphs (l)(1) through (l)(4) of this additional part numbers. DAL requested that we allow proposed AD. installation of serviceable parts as well Request To Reduce Compliance Time as new parts. DAL stated that the service Request To Refer to Previously Released Service Information Air Line Pilots Association, information specifies only new parts. International (ALPA) stated that We agree with DAL’s request. The Boeing requested that we revise the operators have had ample time to installation of serviceable parts meets proposed AD (in the NPRM) to refer to prepare scheduling and maintenance the intent of the AD and addresses the previously released service information activities to address the safety concern unsafe condition. We have revised that provides instructions to replace a in a more efficient time frame than the paragraphs (h)(1), (h)(2), and (h)(3) of specific older MOV actuator part proposed compliance time of 8 years. this proposed AD to specify that number. Boeing stated that note 2 to We infer that ALPA wants us to installation of serviceable parts is paragraph (h)(2) of the proposed AD (in reduce the compliance time, however, acceptable. the NPRM) informs an operator that it

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can use Boeing Special Attention (h)(1) and (h)(2) of the proposed AD (in find MOV actuators having P/N Service Bulletin 757–28–0138, dated the NPRM) were intended to clarify that MA20A1001–1 (Boeing P/N S343T003– May 18, 2016, to replace MOV actuators operators can use service bulletins 39) installed, since such an installation having P/N MA20A1001–1 (Boeing P/N mandated by paragraphs (h)(1) and would violate the AD requirements. For S343T003–39). Boeing explained that (h)(2) of this proposed AD to remove airplanes not affected by those earlier Boeing Alert Service Bulletin 757–28– MOV actuators having P/N ADs, there is a chance to find that part 0088, dated January 25, 2007, which has MA20A1001–1 (Boeing P/N S343T003– number installed. In such a case, the been mandated by AD 2008–06–03, 39) and replace that part number with service information specified in Amendment 39–15415 (73 FR 13081, acceptable MOV actuator part numbers paragraph (h)(1), (h)(2), or (h)(3) of this March 12, 2008) (‘‘AD 2008–06–03’’), since those service bulletins do not proposed AD may be used to remove an has instructions to replace MOV specifically address removal of MOV MOV actuator having P/N MA20A1001– actuators having P/N MA20A1001–1 actuators having P/N MA20A1001–1 1 (Boeing P/N S343T003–39) and (Boeing P/N S343T003–39) with MOV (Boeing P/N S343T003–39). The service replace it with an acceptable MOV actuators having P/N MA30A1001 information mandated by paragraph actuator part number. We have revised (Boeing P/N S343T003–66) or (h)(3) of this proposed AD for Model paragraph (h) of this proposed AD to MA20A2027 (Boeing P/N S343T003– 767 airplanes addresses removal of clarify the use of that service 56). Boeing stated that the previously MOV actuators having P/N information relative to the removal of released service bulletins are the type MA20A1001–1 (Boeing P/N S343T003– MOV actuators with P/N MA20A1001– design to make the part change and 39). We have revised this proposed AD 1 (Boeing P/N S343T003–39). No other should be referenced. by including the text from the notes to changes were made to this proposed AD We do not agree with Boeing’s request paragraphs (h)(1), (h)(2), and (h)(3) of regarding this issue. to add a reference to Boeing Alert the proposed AD (in the NPRM) in the Request for Part Number Clarification Service Bulletin 757–28A0088, dated regulatory text of their respective January 25, 2007, or Boeing Alert paragraphs in this proposed AD. SunExpress Airlines (SXS) stated that Service Bulletin 737–28A1207, dated paragraph (h) of AD 2016–04–20 February 15, 2007, both of which are Request for Clarification Regarding requires the replacement of an MOV mandated by AD 2008–06–03; or Boeing Certain MOV Actuator Part Number actuator having P/N MA20A1001–1 Alert Service Bulletin 767–28A0090, Removal (Boeing P/N S343T003–39) with a dated July 3, 2008, which is mandated DAL requested that we clarify different serviceable, FAA-approved by AD 2009–22–13, Amendment 39– whether the proposed AD (in the MOV actuator. SXS asserted that this 16066 (74 FR 55755, October 29, 2009). NPRM) would require removal of an requirement would conflict with We infer that Boeing was expressing its MOV actuator having P/N MA20A1001– paragraph (h) of the proposed AD (in the concern that if an MOV actuator having 1 (Boeing P/N S343T003–39). DAL NPRM) since MOV actuators having P/ P/N MA20A1001–1 (Boeing P/N stated that the notes to paragraphs N MA30A1001 (Boeing P/N S343T003– S343T003–39) is found, that part (h)(1), (h)(2), and (h)(3) of the proposed 66) or MA20A2027 (Boeing P/N number must be replaced by an MOV AD (in the NPRM) mention removal of S343T003–56) are required to be actuator having P/N MA30A1001 MOV actuators having P/N removed by paragraph (h) of the (Boeing P/N S343T003–66) or MA20A1001–1 (Boeing P/N S343T003– proposed AD (in the NPRM) while those MA20A2027 (Boeing P/N S343T003–56) 39), but removal would not be mandated part numbers could be allowed for in accordance with those previously in the proposed AD (in the NPRM). installation under paragraph (h) of AD released service bulletins as an We agree that clarification is 2016–04–20. approved change to the type design. necessary. Removal of MOV actuators We infer that SXS is requesting part Then, an MOV actuator having P/N having P/N MA20A1001–1 (Boeing P/N number clarification. There is no MA30A1001 (Boeing P/N S343T003–66) S343T003–39) has been mandated by conflict between paragraph (h) of AD or MA20A2027 (Boeing P/N S343T003– AD 2008–06–03 for certain Model 737 2016–04–20 and paragraph (h) of this 56) must be replaced by an MOV and Model 757 airplanes and by AD proposed AD. Paragraph (h) of AD actuator having an acceptable part 2009–22–13 for certain Model 767 2016–04–20 requires removal of MOV number in accordance with the service airplanes. Those ADs did not cover actuators having P/N MA20A1001–1 information mandated by this proposed airplanes delivered with a later MOV (Boeing P/N S343T003–39). Paragraph AD as an approved change to the type actuator part number. However, for (h) of this proposed AD would require design. those airplanes not affected by the removal of MOV actuators having P/N We consider it unnecessary to add a earlier ADs, the FAA discovered the MA20A1001 (Boeing P/N S343T003–66) reference to Boeing Alert Service potential for operators to install MOV or MA20A2027 (Boeing P/N S343T003– Bulletin 757–28A0088, dated January actuators having P/N MA20A1001–1 56). The operators would comply with 25, 2007; Boeing Alert Service Bulletin (Boeing P/N 343T003–39) since there both paragraph (h) of AD 2016–04–20 737–28A1207, dated February 15, 2007; was no obvious prohibition of such and paragraph (h) of this proposed AD or Boeing Alert Service Bulletin 767– installation, other than the by removing MOV actuators having P/N 8A0090, dated July 3, 2008. The type manufacturer’s proprietary drawings MA20A1001–1 (Boeing P/N S343T003– design change provided by the that would prohibit the installation. To 39), MA30A1001 (Boeing P/N previously released service information address this issue, we issued AD 2016– S343T003–66), and MA20A2027 discussed above is addressed under AD 04–20, Amendment 39–18414 (81 FR (Boeing P/N S343T003–56), and 2008–06–03 and AD 2009–22–13, and 10460, March 1, 2016) (‘‘AD 2016–04– replacing those part numbers with an incorporation of that type design change 20’’), to prohibit the installation of MOV acceptable MOV actuator part number, should have been completed for actuators having P/N MA20A1001–1 such as P/N MA30A1017 (Boeing P/N airplanes affected by those two ADs. In (Boeing P/N S343T003–39) on all S343T003–76). addition, this proposed AD covers the affected models including future We agree that AD 2016–04–20 does airplanes affected by AD 2008–06–03 delivery airplanes. For airplanes not specifically prohibit the installation and AD 2009–22–13 as well as those affected by AD 2008–06–03 or AD 2009– of MOV actuators having P/N that are not. The notes to paragraphs 22–13, we consider that it is unlikely to MA30A1001 or P/N MA20A2027. This

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proposed AD includes more specific 2013. But the inspection specified in Data (MPD) Document or Special provisions that would prohibit the AWL No. 28–AWL–24 is not due until Compliance Items and Airworthiness installation of certain MOV actuators, six years after the accomplishment of Limitations (SCI/AWL) document at the including those having P/N Boeing Alert Service Bulletin 737– revision levels specified in paragraph MA30A1001 and P/N MA20A2027, in 28A1207, dated February 15, 2007, as (i)(1) or (n)(3) of this proposed AD place of certain other MOV actuators. mandated by paragraph (g) of AD 2008– (paragraph (i)(1) or (k)(2), respectively, While there is no conflict between the 06–03, or Boeing Service Bulletin 737– of the proposed AD (in the NPRM)). For requirements in this proposed AD and 28A1207, Revision 1, dated April 19, such operators, paragraph (i)(1) of this AD 2016–04–20, we acknowledge that 2010, which was approved as an AMOC proposed AD provides a grace period of this proposed AD includes those more to paragraph (g) of AD 2008–06–03. 30 days for incorporation of applicable specific provisions. We have not Therefore, accomplishment of the AWLs into their maintenance or changed this proposed AD regarding inspection specified in AWL No. 28– inspection program, as applicable. this issue. AWL–24 may not occur on all affected When we approved Boeing Special airplanes prior to April 16, 2019, which Attention Service Bulletin 757–28– Request To Mandate a Fuel Leak Check is six years after all affected airplanes 0138, dated May 18, 2016, and Revision UAL suggested that we revise the would had to have accomplished the 1, dated June 19, 2017, and Boeing proposed AD (in the NPRM) to mandate actions of AD 2008–06–03, as discussed Service Bulletin 767–28–0115, dated a fuel leak check of the engine fuel above. Thus, a ‘‘previous inspection’’ September 10, 2015, and Revision 1, shutoff valves per the applicable aircraft may not have occurred on certain dated June 2, 2016, we required maintenance manual (AMM) during the affected airplanes. incorporation of applicable AWLs as modification specified in paragraphs We have therefore revised paragraph part of AMOC approval for AD 2008– (h)(1), (h)(2), and (h)(3) of the proposed (i)(1) of this proposed AD to specify that 06–03 (Model 757) and AD 2009–22–13 AD (in the NPRM). the initial compliance time for (Model 767). This requirement is We do not agree with UAL’s request. accomplishing the actions required by specified in the Approval section of We consider that operators would AWL No. 28–AWL–24 is within 6 years those service bulletins. Therefore, any perform pertinent functional or since the most recent inspection was operator who has accomplished any of operational checks recommended in the performed in accordance with AWL No. those service bulletins prior to the AMM during the modification specified 28–AWL–24, or within 6 years since the effective date of the AD should have in paragraphs (h)(1), (h)(2), and (h)(3) of accomplishment of the actions specified already incorporated applicable AWLs this proposed AD, as operators would in Boeing Alert Service Bulletin 737– into their maintenance or inspection typically perform during maintenance 28A1207, dated February 15, 2007, program, and it is unnecessary to have activities. We consider that proper whichever occurs later. We have revised a grace period in paragraphs (i)(2) and installation would be ensured even if a paragraph (i)(2) of this proposed AD in (i)(3) of this proposed AD. We have not fuel leak check of the engine fuel shutoff a similar manner to address the same changed this proposed AD regarding valves would not be specifically issue associated with AWL No. 28– this issue. mandated by this proposed AD. We AWL–25 for Model 757 airplanes. have not changed this proposed AD Request To Use Later-Approved Service Request To Delete 30-Day Compliance regarding this issue. Information Time in Paragraph (i)(1) of the ANA requested that we revise Request To Clarify Compliance Time in Proposed AD paragraph (i) of the proposed AD (in the Paragraph (i)(1) of the Proposed AD EASA suggested that we delete the NPRM) to allow operators to use a later SWA requested that we clarify the grace period (‘‘or within 30 days after revision of the Airworthiness initial compliance time specified under the effective date of this AD, whichever Limitations section of the Instructions paragraph (i)(1) of the proposed AD (in is later’’) from paragraph (i)(1) of the for Continued Airworthiness: Section 9 the NPRM): 6 years from ‘‘the previous’’ proposed AD (in the NPRM). EASA of the Boeing Maintenance Planning inspection. stated that this compliance time is Data (MPD) Document or Boeing SCI/ We agree to provide clarification, as unnecessary since a time ‘‘prior to or AWL document. well as a change to paragraph (i)(1) of concurrently with the actions required We do not agree with ANA’s request. this proposed AD. The initial by paragraph (h)(1)’’ will always be later We cannot use the phrase ‘‘or later FAA- compliance time (in the NPRM) was than ‘‘within 30 days’’ after the effective approved revisions,’’ in an AD when based on the assumption that the date. EASA also noted that the 30-day referring to the service document inspection specified in AWL No. 28– compliance time does not appear in because doing so violates Office of the AWL–24 for Model 737–600, –700, paragraphs (i)(2) and (i)(3) of the Federal Register (OFR) regulations for –700C, –800, –900, and –900ER proposed AD (in the NPRM). approval of materials incorporated by airplanes would have been We do not agree with EASA’s request. reference (see 1 CFR 51.1(f)). We are accomplished at least once on all When we approved Boeing Service required to either publish the service affected airplanes before the effective Bulletin 737–28–1314, dated November document contents as part of the actual date of the AD. 17, 2014, which is referenced in (regulatory) AD language; or submit the However, we determined this paragraphs (g)(1) and (h)(1) of this service document to the OFR for assumption to be incorrect. proposed AD, we did not require approval as referenced material, in Incorporation of AWL No. 28–AWL–24 incorporation of applicable AWLs into which case we may only refer to such is mandated by paragraph (h)(1) of AD the maintenance or inspection program material in the text of an AD. The AD 2008–06–03. This action is required to as part of the service information may refer to the service document only be done concurrently with the actions approval. Therefore, operators who have if the OFR approved it for incorporation specified in paragraph (g) of AD 2008– already accomplished Boeing Service by reference. To allow operators to use 06–03. The actions required by Bulletin 737–28–1314, dated November later revisions of the referenced paragraphs (g) and (h)(1) of AD 2008– 17, 2014, may not have incorporated document (issued after publication of 06–03 should have been accomplished applicable AWLs that are provided in the AD), either we must revise this on all affected airplanes before April 16, Section 9 of the Maintenance Planning proposed AD to refer to specific later

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revisions, or operators must request Request for Part Intermix Credit all acceptable earlier revisions at the approval to use later revisions as an time the NPRM was published. AMOC to this AD under the provisions SXS requested that we add credit for Since the publication of the NPRM, of paragraph (o) of this proposed AD. intermixed part usage until the AD Boeing released a new SCI/AWL We have not changed this proposed AD compliance due date. SXS stated that revision: Boeing 737–600/700/700C/ regarding this issue. within the 8-year compliance time, the 800/900/900ER Special Compliance new MOV actuators may be installed at Items/Airworthiness Limitations, Request To Limit Applicability affected locations while the MOV D626A001–9–04, Revision January DAL, Solaseed Air, and SWA actuators that are to be removed remain 2017. We have revised paragraphs requested that we clarify paragraph installed at other affected locations. (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this (i)(1) of the proposed AD (in the NPRM), We infer that SXS is requesting us to proposed AD to identify this latest or that we revise that paragraph to limit clarify the intermixed part usage during revision, and provided credit for Boeing the affected airplanes. The commenters the AD compliance time. We agree to 737–600/700/700C/800/900/900ER stated that AWL No. 28–AWL–24, provide clarification regarding this Special Compliance Items/ specified under paragraph (i)(1)(iii) of matter. Operators may install acceptable Airworthiness Limitations, D626A001– the proposed AD (in the NPRM), is MOV actuators having part numbers 9–04, Revision September 2016, in limited to line numbers 1 through 1980 specified in paragraph (h) of this paragraph (n)(3) of this proposed AD and 1982, but paragraph (i)(1) of the proposed AD at any affected locations (which was paragraph (k)(2) of the proposed AD (in the NPRM) would while keeping MOV actuators having P/ proposed AD (in the NPRM)). require incorporation of this specific N MA30A1001 (Boeing P/N S343T003– AWL for all airplanes identified in Request To Revise Paragraph 66) or MA20A2027 (Boeing P/N References paragraph (c)(1) of the proposed AD (in S343T003–56) installed at other affected the NPRM). SWA also stated that the locations during the AD compliance UAL requested that we revise effectivity of AWL No. 28–AWL–22 is time. However, for airplanes with this paragraph (k)(4) of the proposed AD (in defined by MOV actuator part numbers. intermixed part configuration, credit is the NPRM) to refer to paragraph (i)(3)(i) We agree that clarification is not allowed for compliance with of the proposed AD (in the NPRM), necessary. Paragraph (i) of this proposed paragraph (h) of this proposed AD. instead of paragraph (i)(3) of the AD would not require compliance with Credit for compliance with paragraph proposed AD (in the NPRM). UAL also the AWLs specified in that paragraph. (h) of this proposed AD can be taken suggested that we revise paragraph Instead, paragraph (i) of this proposed only after the installation of acceptable (k)(5) of the proposed AD (in the NPRM) AD would require the operators to MOV actuator part numbers at all to add credit for the revisions of the revise their maintenance or inspection affected locations specified in paragraph SCI/AWL document that are identified program, as applicable, by incorporating (h) of this proposed AD. Furthermore, in paragraph (k)(4) of the proposed AD those AWLs. Once the AWLs are once an acceptable MOV actuator part (in the NPRM). incorporated into the maintenance or number is installed at any affected We do not agree with UAL’s requests. inspection program, compliance with location, paragraph (l) of this proposed Paragraph (n)(5) of this proposed AD the AWLs is required by 14 CFR 43.16 AD would prohibit the replacement of (which was paragraph (k)(4) in the and 91.403(c). The effectivity of each that MOV actuator part number with an proposed AD (in the NPRM)) refers to AWL is specified in the Applicability MOV actuator having P/N MA30A1001 paragraph (i)(3) of this proposed AD, section of the AWL. AWL No. 28–AWL– (Boeing P/N S343T003–66) or which includes paragraphs (i)(3)(i) and 24, required by paragraph (i)(1)(iii) of MA20A2027 (Boeing P/N S343T003– (i)(3)(ii) of this proposed AD. The this proposed AD, applies to line 56). We have not changed this proposed revisions of the SCI/AWL document that numbers 1 through 1980 and 1982. For AD regarding this issue. the commenter requested to be added any airplane outside this applicability, under paragraph (n)(6) of this proposed there is no maintenance action Request To Specify Earlier Service AD (which was paragraph (k)(5) in the associated with this specific AWL. Information and New Service proposed AD (in the NPRM)) are already Therefore, we consider that Information identified in paragraph (n)(5) of this incorporation of AWL No. 28–AWL–24 proposed AD as credit for the AWL Boeing requested that we revise as specified by paragraph (i)(1)(iii) of identified in paragraph (i)(3)(ii) of this paragraph (k)(2) of the proposed AD (in this proposed AD does not impose an proposed AD. Paragraph (n)(6) of this the NPRM) to refer to all previously extra burden on operators. Furthermore, proposed AD identifies an additional released MPD Documents and SCIs that incorporation of AWL No. 28–AWL–24 revision of the SCI/AWL document that include the AWLs listed in paragraph would invoke appropriate maintenance is acceptable for the AWL required by (i)(1) of the proposed AD (in the NPRM). actions if an operator acquires an paragraph (i)(3)(ii) of this proposed AD. The commenter stated that the current airplane in the future that falls under We have not changed this proposed AD list misses the most recent SCI/AWL the effectivity of that AWL. Because of regarding this issue. those reasons, we disagree to limit the revision, Revision September 2016. The airplanes affected by paragraph (i)(1) of commenter also stated that a new SCI/ Effect of Winglets on Accomplishment this proposed AD. AWL revision is in work and should be of the Proposed Actions Regarding AWL No. 28–AWL–22 referenced in the AD. Aviation Partners Boeing stated that mentioned by SWA, the AWL applies to We partially agree with Boeing’s the installation of winglets per all Model 737–600, –700, –700C, –800, requests. Revision September 2016 was Supplemental Type Certificate (STC) –900, and –900ER series airplanes, but the latest revision at the time the NPRM ST00830SE, ST01518SE, or ST01920SE the conditions specified in this AWL was published. Therefore, it was does not affect the accomplishment of must be met by the MOV actuator part identified under paragraphs (i)(1)(i), the manufacturer’s service instructions. numbers specified in the applicability (i)(1)(ii), and (i)(1)(iii), instead of We agree that STC ST00830SE, note. For the same rationale as noted paragraph (k)(2), of the proposed AD (in ST01518SE, or ST01920SE does not above, we have not changed this the NPRM). Paragraph (k)(2) of the affect the accomplishment of the proposed AD regarding this issue. proposed AD (in the NPRM) identified manufacturer’s service instructions.

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Therefore, the installation of STC tank ignition prevention on Model 757 the service information described ST00830SE, ST01518SE, or ST01920SE airplanes. previously. • Boeing Service Bulletin 767–28– does not affect the ability to accomplish This proposed AD would also provide 0115, Revision 1, dated June 2, 2016, the actions that would be required by terminating action for all certain actions this proposed AD. We have not changed describes procedures for installing new required by AD 2015–19–04, AD 2015– this proposed AD regarding this issue. MOV actuators of the fuel shutoff valves for the left and right engines, and of the 21–09, and AD 2015–21–10, as Related Service Information Under 1 APU fuel shutoff valve, on Model 767 explained above, under ‘‘Requests to CFR Part 51 airplanes. Terminate Other ADs.’’ We reviewed the following service • Boeing 767 Special Compliance This proposed AD would also require information. Items/Airworthiness Limitations, revisions to certain operator • Boeing Service Bulletin 737–28– D622T001–9–04, Revision June 2016, maintenance documents to include new 1314, dated November 17, 2014, describes AWLs for fuel tank ignition actions (e.g., inspections). Compliance describes procedures for installing new prevention on Model 767 airplanes. with these actions would be required by MOV actuators of the fuel shutoff valves This service information is reasonably 14 CFR 43.16 and 91.403(c). For for the left and right engines on Model available because the interested parties airplanes that have been previously 737–600, –700, –700C, –800, –900, and have access to it through their normal modified, altered, or repaired in the –900ER series airplanes. course of business or by the means areas addressed by this proposed AD, • Boeing 737–600/700/700C/800/900/ identified in the ADDRESSES section. 900ER Special Compliance Items/ the operator may not be able to Airworthiness Limitations, D626A001– FAA’s Determination accomplish the actions described in the 9–04, Revision January 2017, describes We are proposing this AD because we revisions. In this situation, to comply AWLs for fuel tank ignition prevention evaluated all the relevant information with 14 CFR 91.403(c), the operator on Model 737–600, –700, –700C, –800, and determined the unsafe condition must request approval for an alternative –900, and –900ER series airplanes. described previously is likely to exist or method of compliance according to • Boeing Special Attention Service develop in other products of the same paragraph (o) of this proposed AD. The Bulletin 757–28–0138, Revision 1, dated type designs. Certain changes described request should include a description of June 19, 2017, describes procedures for above expand the scope of the NPRM. changes to the required inspections that installing new MOV actuators of the fuel As a result, we have determined that it will ensure the continued operational shutoff valves for the left and right is necessary to reopen the comment safety of the airplane. engines, and of the APU fuel shutoff period to provide additional valve, on Model 757 airplanes. opportunity for the public to comment Costs of Compliance • Boeing 757 Maintenance Planning on this SNPRM. Data (MPD) Document, Section 9, We estimate that this proposed AD Airworthiness Limitations (AWLs) and Proposed Requirements of This affects 2,574 airplanes of U.S. registry. Certification Maintenance Requirements Proposed AD We estimate the following costs to (CMRs), D622N001–9, Revision This proposed AD would require comply with this proposed AD: February 2017, describes AWLs for fuel accomplishing the actions specified in

ESTIMATED COSTS

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

Inspection and replacement Model 737 Up to 6 work-hours × $85 per hour = Up Up to $12,000 ... Up to $12,510 .. Up to (1,440 airplanes). to $510. $18,014,400. Inspection and replacement Model 757 Up to 9 work-hours × $85 per hour = Up Up to $18,000 .. Up to $18,765 .. Up to (675 airplanes). to $765. $12,666,375. Inspection and replacement Model 767 Up to 9 work-hours × $85 per hour = Up Up to $18,000 .. Up to $18,765 .. Up to (442 airplanes). to $765. $8,294,130. Maintenance or inspection program revi- 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $218,790. sion (2,574 airplanes).

Authority for This Rulemaking for practices, methods, and procedures this transition period, the Executive Title 49 of the United States Code the Administrator finds necessary for Director has delegated the authority to specifies the FAA’s authority to issue safety in air commerce. This regulation issue ADs applicable to transport rules on aviation safety. Subtitle I, is within the scope of that authority category airplanes to the Director of the section 106, describes the authority of because it addresses an unsafe condition System Oversight Division. the FAA Administrator. ‘‘Subtitle VII: that is likely to exist or develop on Regulatory Findings Aviation Programs’’ describes in more products identified in this rulemaking action. detail the scope of the Agency’s We determined that this proposed AD authority. This proposed AD is issued in would not have federalism implications We are issuing this rulemaking under accordance with authority delegated by under Executive Order 13132. This the Executive Director, Aircraft the authority described in Subtitle VII, proposed AD would not have a Part A, Subpart III, Section 44701: Certification Service, as authorized by substantial direct effect on the States, on ‘‘General requirements.’’ Under that FAA Order 8000.51C. In accordance the relationship between the national section, Congress charges the FAA with with that order, issuance of ADs is promoting safe flight of civil aircraft in normally a function of the Compliance Government and the States, or on the air commerce by prescribing regulations and Airworthiness Division, but during distribution of power and

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responsibilities among the various (d) Subject Bulletin 737–28–1314, dated November 17, levels of government. Air Transport Association (ATA) of 2014, for replacing MOV actuators having America Code 28; Fuel. Boeing P/N S343T003–66 or Boeing P/N For the reasons discussed above, I S343T003–56 may be used for replacing certify this proposed regulation: (e) Unsafe Condition MOV actuators having P/N MA20A1001–1 (1) Is not a ‘‘significant regulatory This AD was prompted by reports of (Boeing P/N S343T003–39). action’’ under Executive Order 12866, latently failed motor-operated valve (MOV) (2) For airplanes identified in paragraph (2) Is not a ‘‘significant rule’’ under actuators of the fuel shutoff valves. We are (c)(2) of this AD on which any MOV actuator issuing this AD to prevent a latent failure of having P/N MA20A2027 or P/N MA30A1001 the DOT Regulatory Policies and (Boeing P/N S343T003–56 or Boeing P/N Procedures (44 FR 11034, February 26, the actuator for the engine or auxiliary power unit (APU) fuel shutoff valves, which could S343T003–66, respectively) is found during 1979), result in the inability to shut off fuel to the the inspection required by paragraph (g)(2) of (3) Will not affect intrastate aviation engine or the APU, and, in case of certain this AD: Within 8 years after the effective in Alaska, and engine or APU fires, could result in structural date of this AD, replace each affected MOV (4) Will not have a significant failure. actuator with an MOV actuator having P/N MA30A1017 (Boeing P/N S343T003–76), P/N economic impact, positive or negative, (f) Compliance AV–31–1 (Boeing P/N S343T003–111), or on a substantial number of small entities Comply with this AD within the P/N MA11A1265–1 (Boeing P/N S343T003– under the criteria of the Regulatory compliance times specified, unless already 41), in accordance with the Accomplishment Flexibility Act. done. Instructions of SB 757–28–0138 R1. Where SB 757–28–0138 R1, specifies the installation List of Subjects in 14 CFR Part 39 (g) Inspection To Determine Part Number of a new MOV actuator, this AD allows the (P/N) Air transportation, Aircraft, Aviation installation of a new or serviceable MOV safety, Incorporation by reference, (1) For Model 737–600, –700, –700C, –800, actuator. While not required by this AD, the Safety. –900, and –900ER series airplanes: Within 8 Accomplishment Instructions specified in SB years after the effective date of this AD, do 757–28–0138 R1 for replacing MOV actuators The Proposed Amendment an inspection to determine the part numbers having Boeing P/N S343T003–66 or Boeing of the MOV actuators of the fuel shutoff P/N S343T003–56 may be used for replacing Accordingly, under the authority valves for the left and right engines, in MOV actuators having P/N MA20A1001–1 delegated to me by the Administrator, accordance with the Accomplishment (Boeing P/N S343T003–39). the FAA proposes to amend 14 CFR part Instructions of Boeing Service Bulletin 737– (3) For airplanes identified in paragraph 39 as follows: 28–1314, dated November 17, 2014. A review (c)(3) of this AD on which any MOV actuator of airplane maintenance records is acceptable having P/N MA20A2027 (Boeing P/N PART 39—AIRWORTHINESS in lieu of this inspection if the part number S343T003–56) or P/N MA30A1001 (Boeing DIRECTIVES of the MOV actuator at each location can be P/N S343T003–66) is found during the conclusively determined from that review. inspection required by paragraph (g)(2) of ■ 1. The authority citation for part 39 (2) For airplanes identified in paragraphs this AD: Within 8 years after the effective (c)(2) and (c)(3) of this AD: Within 8 years date of this AD, replace each affected MOV continues to read as follows: after the effective date of this AD, do an actuator with an MOV actuator having P/N Authority: 49 U.S.C. 106(g), 40113, 44701. inspection to determine the part numbers of MA30A1017 (Boeing P/N S343T003–76), P/N the MOV actuators of the fuel shutoff valves AV–31–1 (Boeing P/N S343T003–111), P/N § 39.13 [Amended] for the left and right engines, and of the APU MA11A1265 (Boeing P/N S343T003–14), or ■ 2. The FAA amends § 39.13 by adding fuel shutoff valve, in accordance with the P/N MA11A1265–1 (Boeing the following new airworthiness Accomplishment Instructions of Boeing P/N S343T003–41), in accordance with the Special Attention Service Bulletin 757–28– Accomplishment Instructions of SB 767–28– directive (AD): 0138, Revision 1, dated June 19, 2017 (‘‘SB 0115 R1. Where SB 767–28–0115 R1, The Boeing Company: Docket No. FAA– 757–28–0138 R1’’); or Boeing Service specifies the installation of a new MOV 2017–0127; Product Identifier 2016– Bulletin 767–28–0115, Revision 1, dated June actuator, this AD allows the installation of a NM–161–AD. 2, 2016 (‘‘SB 767–28–0115 R1’’); as new or serviceable MOV actuator. While not applicable. A review of airplane maintenance required by this AD, the Accomplishment (a) Comments Due Date records is acceptable in lieu of this Instructions specified in SB 767–28–0115 R1, We must receive comments by May 18, inspection if the part number of the MOV for replacing MOV actuators having Boeing 2018. actuator at each location can be conclusively P/N S343T003–66 or Boeing P/N S343T003– determined from that review. 56 may be used for replacing MOV actuators (b) Affected ADs having P/N MA20A1001–1 (Boeing P/N (h) Replacement This AD affects AD 2015–21–09, S343T003–39). Amendment 39–18302 (80 FR 65121, October (1) For Model 737–600, –700, –700C, –800, (i) Maintenance or Inspection Program 26, 2015) (‘‘AD 2015–21–09’’); AD 2015–19– –900, and –900ER series airplanes on which Revision 04, Amendment 39–18267, (80 FR 55505, any MOV actuator having P/N MA20A2027 September 16, 2015) (‘‘AD 2015–19–04’’); or P/N MA30A1001 (Boeing P/N S343T003– (1) For Model 737–600, –700, –700C, –800, and AD 2015–21–10, Amendment 39–18303 56 or Boeing P/N S343T003–66, –900, and –900ER series airplanes with an (80 FR 65130, October 26, 2015) (‘‘AD 2015– respectively), is found during the inspection original certificate of airworthiness or 21–10’’). required by paragraph (g)(1) of this AD: original export certificate of airworthiness Within 8 years after the effective date of this issued on or before the effective date of this (c) Applicability AD, replace each affected MOV actuator with AD: Prior to or concurrently with the actions This AD applies to all The Boeing an MOV actuator having P/N MA30A1017 required by paragraph (h)(1) of this AD or Company airplanes, certificated in any (Boeing P/N S343T003–76), in accordance within 30 days after the effective date of this category, identified in paragraphs (c)(1), with the Accomplishment Instructions of AD, whichever is later, revise the (c)(2), and (c)(3) of this AD. Boeing Service Bulletin 737–28–1314, dated maintenance or inspection program, as (1) Model 737 series airplanes, excluding November 17, 2014. Where Boeing Service applicable, to add the airworthiness Model 737–100, –200, –200C, –300, –400, Bulletin 737–28–1314, dated November 17, limitations (AWLs) specified in paragraphs and –500 series airplanes. 2014, specifies the installation of a new MOV (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD. (2) Model 757–200, –200PF, –200CB, and actuator, this AD allows the installation of a The initial compliance time for –300 series airplanes. new or serviceable MOV actuator. While not accomplishing the actions required by AWL (3) Model 767–200, –300, –300F, and required by this AD, the Accomplishment No. 28–AWL–24 is within 6 years since the –400ER series airplanes. Instructions specified in Boeing Service most recent inspection was performed in

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accordance with AWL No. 28–AWL–24, or inspection was performed in accordance with of airworthiness issued on or before the within 6 years since the actions specified in AWL No. 28–AWL–25, or within 6 years effective date of this AD: Prior to or Boeing Alert Service Bulletin 737–28A1207 since the actions specified in Boeing Alert concurrently with the actions required by were accomplished, whichever is later. Service Bulletin 757–28A0088 were paragraph (h)(3) of this AD, revise the (i) AWL No. 28–AWL–21, MOV Actuator— accomplished, whichever is later. maintenance or inspection program, as Lightning and Fault Current Protection (i) AWL No. 28–AWL–23, Motor Operated applicable, to add the AWLs specified in Electrical Bond, as specified in Boeing 737– Valve (MOV) Actuator—Lightning and Fault paragraphs (i)(3)(i) and (i)(3)(ii) of this AD. 600/700/700C/800/900/900ER Special Current Protection Electrical Bond, as (i) AWL No. 28–AWL–23, Motor Operated Compliance Items/Airworthiness specified in Boeing 757 Maintenance Valve (MOV) Actuator—Lightning and Fault Limitations, D626A001–9–04, Revision Planning Data (MPD) Document, Section 9, Current Protection Electrical Bond, as January 2017. Airworthiness Limitations (AWLs) and specified in Boeing 767 Special Compliance (ii) AWL No. 28–AWL–22, MOV Certification Maintenance Requirements Items/Airworthiness Limitations, D622T001– Actuator—Electrical Design Feature, as (CMRs), D622N001–9, Revision February 9–04, Revision June 2016. specified in Boeing 737–600/700/700C/800/ 2017. (ii) AWL No. 28–AWL–24, Motor Operated 900/900ER Special Compliance Items/ (ii) AWL No. 28–AWL–24, Motor Operated Valve (MOV) Actuator—Electrical Design Airworthiness Limitations, D626A001–9–04, Valve (MOV) Actuator—Electrical Design Feature, as specified in Boeing 767 Special Revision January 2017. Feature, as specified in Boeing 757 Compliance Items/Airworthiness (iii) AWL No. 28–AWL–24, Valve MOV Maintenance Planning Data (MPD) Limitations, D622T001–9–04, Revision June Actuator—Lightning and Fault Current Document, Section 9, Airworthiness 2016. Protection Electrical Bond, as specified in Limitations (AWLs) and Certification Boeing 737–600/700/700C/800/900/900ER Maintenance Requirements (CMRs), (j) Maintenance or Inspection Program Special Compliance Items/Airworthiness D622N001–9, Revision February 2017. Revision for Parts Installation Prohibition Limitations, D626A001–9–04, Revision (iii) AWL No. 28–AWL–25, Motor (1) For Model 737–600, –700, –700C, –800, January 2017. Operated Valve (MOV) Actuator—Lightning –900, and –900ER series airplanes: After (2) For airplanes identified in paragraph and Fault Current Protection Electrical Bond, accomplishing the actions required by (c)(2) of this AD: Prior to or concurrently as specified in Boeing 757 Maintenance paragraphs (g)(1), (h)(1), and (i)(1) of this AD, with the actions required by paragraph (h)(2) Planning Data (MPD) Document, Section 9, as applicable, on all airplanes in an of this AD, revise the maintenance or Airworthiness Limitations (AWLs) and operator’s fleet, and within 8 years after the inspection program, as applicable, to add the Certification Maintenance Requirements effective date of the AD, revise the AWLs specified in paragraphs (i)(2)(i), (CMRs), D622N001–9, Revision February maintenance or inspection program, as (i)(2)(ii), and (i)(2)(iii) of this AD. The initial 2017. applicable, by incorporating the AWL compliance time for accomplishing the (3) For airplanes identified in paragraph specified in figure 1 to paragraph (j)(1) of this actions required by AWL No. 28–AWL–25 is (c)(3) of this AD with an original certificate AD. within 6 years since the most recent of airworthiness or original export certificate BILLING CODE 4910–13–P

(2) For airplanes identified in paragraph airplanes in an operator’s fleet, and within 8 specified in figure 2 to paragraph (j)(2) of this (c)(2) of this AD: After accomplishing the years after the effective date of the AD, revise AD. actions required by paragraphs (g)(2), (h)(2), the maintenance or inspection program, as and (i)(2) of this AD, as applicable, on all applicable, by incorporating the AWL

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(3) For airplanes identified in paragraph airplanes in an operator’s fleet, and within 8 specified in figure 3 to paragraph (j)(3) of this (c)(3) of this AD: After accomplishing the years after the effective date of the AD, revise AD. actions required by paragraphs (g)(2), (h)(3), the maintenance or inspection program, as and (i)(3) of this AD, as applicable, on all applicable, by incorporating the AWL

(4) For airplanes identified in paragraph airworthiness certificate or the date of program, as applicable, by incorporating the (c)(1) of this AD, excluding Model 737–600, issuance of the original export certificate of AWL specified in figure 4 to paragraph (j)(4) –700, –700C, –800, –900, and –900ER series airworthiness, or within 30 days after the of this AD. airplanes: Within 30 days since the date of effective date of this AD, whichever is later, issuance of the original standard revise the maintenance or inspection

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BILLING CODE 4910–13–C accordance with the procedures specified in P/N S343T003–41), or P/N MA30A1017 (k) No Alternative Actions, Intervals, and paragraph (o) of this AD. (Boeing P/N S343T003–76) with an MOV actuator having P/N MA30A1001 (Boeing P/ Critical Design Configuration Control (l) Parts Installation Prohibition Limitations (CDCCLs) N S343T003–66) or P/N MA20A2027 (Boeing (1) For Model 737–600, –700, –700C, –800, P/N S343T003–56) for the left engine and (1) After the maintenance or inspection –900, and –900ER series airplanes: As of the right engine fuel shutoff valves and the APU program has been revised as required by effective date of this AD, no person may fuel shutoff valve. paragraph (i) of this AD, no alternative replace an MOV actuator having P/N actions (e.g., inspections), intervals, or (3) For airplanes identified in paragraph MA30A1017 (Boeing P/N S343T003–76) with CDCCLs, may be used unless the actions, (c)(3) of this AD: As of the effective date of intervals, and CDCCLs are approved as an an MOV actuator having P/N MA20A2027 or this AD, no person may replace an MOV alternative method of compliance (AMOC) in P/N MA30A1001 (Boeing P/N S343T003–56 actuator having P/N AV–31–1 (Boeing P/N accordance with the procedures specified in or Boeing P/N S343T003–66, respectively) for S343T003–111), P/N MA11A1265 (Boeing P/ paragraph (o) of this AD. the left engine and right engine fuel shutoff N S343T003–14), P/N MA11A1265–1 (Boeing (2) After the maintenance or inspection valves. P/N S343T003–41), or P/N MA30A1017 program has been revised as required by (2) For airplanes identified in paragraph (Boeing P/N S343T003–76) with an MOV paragraph (j) of this AD, no alternative (c)(2) of this AD: As of the effective date of actuator having P/N MA30A1001 (Boeing P/ actions (e.g., inspections), intervals, or this AD, no person may replace an MOV N S343T003–66) or P/N MA20A2027 (Boeing CDCCLs, may be used unless the actions, actuator having P/N AV–31–1 (Boeing P/N P/N S343T003–56) for the left engine and intervals, and CDCCLs are approved as an S343T003–111), P/N MA11A1265 (Boeing P/ right engine fuel shutoff valves and the APU alternative method of compliance (AMOC) in N S343T003–14), P/N MA11A1265–1 (Boeing fuel shutoff valve.

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(4) For airplanes identified in paragraph credit for the actions specified in paragraph requirement is removed from that step or (c)(1) of this AD, excluding Model 737–600, (i)(2) of this AD if those actions were substep. An AMOC is required for any –700, –700C, –800, –900, and –900ER series performed before the effective date of this AD deviations to RC steps, including substeps airplanes: As of the effective date of this AD, using Boeing 757 Maintenance Planning Data and identified figures. no person may install an MOV actuator (MPD) Document, Section 9, Airworthiness (ii) Steps not labeled as RC may be having P/N MA20A1001–1 (Boeing P/N Limitations (AWLs) and Certification deviated from using accepted methods in S343T003–39) or replace an MOV actuator Maintenance Requirements (CMRs), accordance with the operator’s maintenance with an MOV actuator having P/N D622N001–9, Revision January 2016, or or inspection program without obtaining MA20A2027 or P/N MA30A1001 (Boeing Revision July 2016. approval of an AMOC, provided the RC steps, P/N S343T003–56 or Boeing P/N S343T003– (5) For airplanes identified in paragraph including substeps and identified figures, can 66, respectively) for the left engine and right (c)(3) of this AD with an original certificate still be done as specified, and the airplane engine fuel shutoff valves. of airworthiness or original export certificate can be put back in an airworthy condition. (m) Terminating Action of airworthiness issued on or before the effective date of this AD, this paragraph (p) Related Information (1) For Model 737–600, –700, –700C, –800, provides credit for the actions specified in (1) For more information about this AD, –900, and –900ER series airplanes: paragraph (i)(3) of this AD if those actions contact Tak Kobayashi, Aerospace Engineer, Accomplishing the actions required by were performed before the effective date of Propulsion Branch, FAA, Seattle ACO paragraph (j)(l) of this AD terminates the this AD using Boeing 767 Special Branch, 2200 South 216th St., Des Moines, requirements of paragraph (l)(1) of this AD Compliance Items/Airworthiness WA 98198; phone and fax: 206–231–3553; and all of the requirements of AD 2015–21– Limitations, D622T001–9–04, Revision July email: [email protected]. 10. 2015, Revision March 2016, Revision May (2) For service information identified in (2) For airplanes identified in paragraph 2016, or Revision May 2016 R1. this AD, contact Boeing Commercial (c)(2) of this AD: Accomplishing the action (6) For airplanes identified in paragraph Airplanes, Attention: Contractual & Data required by paragraph (j)(2) of this AD (c)(3) of this AD with an original certificate Services (C&DS), 2600 Westminster Blvd., terminates the requirements of paragraph of airworthiness or original export certificate MC 110–SK57, Seal Beach, CA 90740–5600; (l)(2) of this AD and all of the requirements of airworthiness issued on or before the telephone: 562–797–1717; internet: https:// of AD 2015–19–04. effective date of this AD, this paragraph www.myboeingfleet.com. You may view this (3) For airplanes identified in paragraph provides credit for the actions specified in referenced service information at the FAA, (c)(3) of this AD: Accomplishing the action paragraph (i)(3)(ii) of this AD if those actions Transport Standards Branch, 2200 South required by paragraph (j)(3) of this AD were performed before the effective date of 216th St., Des Moines, WA. For information terminates the requirements of paragraph this AD using Boeing 767 Special on the availability of this material at the (l)(3) of this AD and all of the requirements Compliance Items/Airworthiness FAA, call 206–231–3195. of AD 2015–21–09. Limitations, D622T001–9–04, Revision (4) For airplanes identified in paragraph Issued in Renton, Washington, on March 5, October 2014. (c)(1) of this AD, excluding Model 737–600, 2018. –700, –700C, –800, –900, and –900ER series (o) Alternative Methods of Compliance Michael Kaszycki, airplanes: Accomplishing the action required (AMOCs) Acting Director, System Oversight Division, by paragraph (j)(4) of this AD terminates the (1) The Manager, Seattle ACO Branch, Aircraft Certification Service. requirements of paragraph (l)(4) of this AD. FAA, has the authority to approve AMOCs [FR Doc. 2018–05028 Filed 4–2–18; 8:45 am] for this AD, if requested using the procedures (n) Credit for Previous Actions BILLING CODE 4910–13–P (1) This paragraph provides credit for the found in 14 CFR 39.19. In accordance with actions specified in paragraph (g)(2) or (h)(2) 14 CFR 39.19, send your request to your principal inspector or local Flight Standards of this AD, as applicable, if those actions DEPARTMENT OF HOMELAND were performed before the effective date of District Office, as appropriate. If sending this AD using Boeing Special Attention information directly to the manager of the SECURITY Service Bulletin 757–28–0138, dated May 18, certification office, send it to the attention of 2016. the person identified in paragraph (p)(1) of Coast Guard (2) This paragraph provides credit for the this AD. Information may be emailed to: 9- actions specified in paragraph (g)(2) or (h)(3) [email protected]. 33 CFR Part 100 of this AD, as applicable, if those actions (2) Before using any approved AMOC, [Docket Number USCG–2018–0064] were performed before the effective date of notify your appropriate principal inspector, this AD using Boeing Service Bulletin 767– or lacking a principal inspector, the manager RIN 1625–AA08 28–0115, dated September 10, 2015. of the local flight standards district office/ (3) For Model 737–600, –700, –700C, –800, certificate holding district office. Special Local Regulations; Sector Ohio –900, and –900ER series airplanes with an (3) An AMOC that provides an acceptable Valley Annual and Recurring Special level of safety may be used for any repair, original certificate of airworthiness or Local Regulations Update original export certificate of airworthiness modification, or alteration required by this issued on or before the effective date of this AD if it is approved by the Boeing AGENCY: Coast Guard, DHS. AD, this paragraph provides credit for the Commercial Airplanes Organization ACTION: Notice of proposed rulemaking. actions specified in paragraph (i)(1) of this Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO AD if those actions were performed before SUMMARY: The Coast Guard proposes to the effective date of this AD using Boeing Branch, to make those findings. To be 737–600/700/700C/800/900/900ER Special approved, the repair method, modification amend its special local regulations for Compliance Items/Airworthiness deviation, or alteration deviation must meet recurring marine parades, regattas, and Limitations, D626A001–9–04, Revision July the certification basis of the airplane, and the other events in Coast Guard Sector Ohio 2016, or Revision September 2016; or Boeing approval must specifically refer to this AD. Valley. This rule, if adopted, would add 737–600/700/700C/800/900/900ER (4) For service information that contains 17 new recurring special local Maintenance Planning Data (MPD) steps that are labeled as Required for regulations, remove 9 special local Document, Section 9, Airworthiness Compliance (RC), the provisions of regulations, and amend the event/ Limitations (AWLs) and Certification paragraphs (o)(4)(i) and (o)(4)(ii) of this AD sponsor, dates, and/or regulated areas Maintenance Requirements (CMRs), apply. D626A001–CMR, Revision October 2014, (i) The steps labeled as RC, including for 48 recurring special local regulations Revision November 2014, Revision January substeps under an RC step and any figures already listed in the current table. This 2015, or Revision April 2016. identified in an RC step, must be done to action in necessary to protect spectators, (4) For airplanes identified in paragraph comply with the AD. If a step or substep is participants, and vessels from the (c)(2) of this AD, this paragraph provides labeled ‘‘RC Exempt,’’ then the RC hazards associated with annual marine

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events. This proposed rulemaking published in Table 1 of 33 CFR part U.S.C. 553(b)(B), the Coast Guard finds would restrict vessel traffic in the 100.801. The table was created through that good cause exists for publishing designated areas during the events the final rule published on June 2, 2017 this NPRM with a 15-day comment unless authorized by the Captain of the (82 FR 25511). It needs to be amended period because it is impractical to Port Sector Ohio Valley or a designated to include new regattas and marine provide a 30-day comment period. representative. We invite your events expected to recur annually or These proposed regulated areas are comments on this proposed rulemaking. biannually, remove special local necessary to ensure the safety of vessels DATES: Comments and related material regulations no longer recurring, and and persons during the marine events. must be received by the Coast Guard on provide new information on existing It is impracticable to publish an NPRM or before April 18, 2018. special local regulations. with a 30-day comment period because ADDRESSES: You may submit comments The proposed annually recurring we must establish some of these updates identified by docket number USCG– special local regulations are necessary to as early as the end of April 2018. A 15- 2018–0064 using the Federal provide for the safety of life on day comment period would allow the eRulemaking Portal at http:// navigable waters during the events. Coast Guard to provide for public notice www.regulations.gov. See the ‘‘Public Based on the nature of these marine and comment, but also update the Participation and Request for events, large numbers of participants regulated areas soon enough that the Comments’’ portion of the and spectators, and event locations, the length of the notice and comment SUPPLEMENTARY INFORMATION section for COTP has determined that the events period does not compromise public further instructions on submitting listed in this proposed rule could pose safety. a risk to participants or waterways users comments. III. Discussion of Proposed Rule if the normal vessel traffic were to FOR FURTHER INFORMATION CONTACT: If interfere with the events. Possible The COTP proposes to amend its you have questions on this proposed hazards include risks of injury or death special local regulations for annual rule, call or email Petty Officer Joshua from near or actual contact among events in Coast Guard Sector Ohio Herriott, Sector Ohio Valley, U.S. Coast participant vessels and spectators or Valley listed in Table 1 of 33 CFR Guard; telephone (502) 779–5343, email mariners traversing through the 165.801. This section requires [email protected]. regulated area. In order to protect the amendment from time to time to SUPPLEMENTARY INFORMATION: safety of all waterway users, including properly reflect the recurring special local regulations in Sector Ohio Valley. I. Table of Abbreviations event participants and spectators, this proposed rule would establish special This rule would add 17 new recurring CFR Code of Federal Regulations local regulations for the time and special local regulations, remove 9 COTP Captain of the Port Sector Ohio location of each marine event. Vessels special local regulations no longer Valley would not be permitted to enter the recurring, and amend the event/sponsor, DHS Department of Homeland Security dates, and/or regulated areas for 48 FR Federal Register regulated areas unless authorized by the NPRM Notice of proposed rulemaking COTP or a designated representative. recurring special local regulations § Section The Coast Guard proposes this already listed in the current table. Other U.S.C. United States Code rulemaking under authority in 33 U.S.C. than these 17 additions, 9 removals, and 1233. 48 changes to the event/sponsor, dates, II. Background, Purpose, and Legal The Coast Guard is issuing this notice and/or locations of certain events, the Basis of proposed rulemaking (NPRM) with a regulations of 33 CFR 100.801 and other The Captain of the Port Sector Ohio 15-day prior notice and opportunity to provisions in Table 1 of § 100.801 Valley (COTP) proposes to amend 33 comment pursuant to section (d)(3) of remain unchanged. CFR 100.801 to update the table of the Administrative Procedure Act (APA) The Coast Guard proposes to revise annual recurring special local (5 U.S.C. 553(d)). This provision special local regulations in 33 CFR regulations in Coast Guard Sector Ohio authorizes an agency to publish a rule 100.801 Table 1 by adding 17 new Valley. The current list of annual and in less than 30 days before its effective special local regulations. The 17 special recurring special local regulations date for ‘‘good cause found and local regulations being added to Table 1 occurring in Sector Ohio Valley is published with the rule.’’ Under 5 are below:

Ohio Valley Date Event/sponsor location Regulated area

2 days—One weekend in July ...... Marietta Riverfront Roar Regatta ...... Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 1 day—One weekend in November or De- Charleston Lighted Boat Parade ...... Charleston, WV ...... Kanawha River, Mile 54.3–60.3 (West Vir- cember. ginia). 1 day—One weekend in August ...... YMCA River Swim ...... Charleston, WV ...... Kanawha River, Mile 58.3–60.3 (West Vir- ginia). 1 day—One weekend in April ...... Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). 2 days—One weekend in June ...... New Martinsville Vintage Regatta ...... New Martinsville, WV Ohio River Mile 127.5–128.5 (West Virginia). 3 days—One weekend in August ...... Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Kentucky). 2 days—Fourth weekend in March ...... Oak Ridge Rowing Association/Atomic City Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Turn and Burn. 3 days—Second or third weekend in March .. Oak Ridge Rowing Association/Cardinal Invi- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). tational. 3 days—Third weekend in April ...... Oak Ridge Rowing Association/SIRA Regatta Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). 3 days—Fifth weekend in April ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Junior Regatta. 3 days—Second weekend in May ...... Oak Ridge Rowing Association/Big 12 Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Championships. 3 days—Third weekend in May ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Masters. 1 day—First weekend in June ...... Visit Knoxville/Knoxville Powerboat Classic ... Knoxville, TN ...... Tennessee River, Mile 646.4–649.0 (Ten- nessee).

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Ohio Valley Date Event/sponsor location Regulated area

1 day—first Sunday in August ...... Above the Fold Events/Riverbluff Triathlon ... Ashland City, TN ...... Cumberland River, Mile 157.0–159.5 (Ten- nessee). 3 days—First weekend in June ...... Outdoor Chattanooga/Chattanooga Swim Chattanooga, TN ...... Tennessee River, Mile 454.0–468.0 (Ten- Festival. nessee). 1 day—Fourth or fifth weekend in September Knoxville Open Water Swimmers/Bridges to Knoxville, TN...... Tennessee River, Mile 647–642.5 (Ten- Bluffs. nessee). 1 day—Third Sunday in September ...... Team Rocket Tri Club/Swim Hobbs Island .... Huntsville, AL ...... Tennessee River, Mile 332.3–338.0 (Ala- bama).

The Coast Guard also proposes to existing special local regulations that of 33 CFR 100.801. The 9 existing revise regulations at 33 CFR 100.801 are no longer recurring, with reference special local regulations being removed Table 1 by removing the following 9 by line number to the current Table 1 are below:

Ohio Valley Line Date Event/sponsor location Regulated area

1 ...... The first Saturday in April ...... University of Charleston Rowing/West Charleston, WV ...... Kanawah River, Mile 59.9–61.4 (West Virginia Governor’s Cup Regatta. Virginia). 3 ...... 1 day—Third or fourth weekend in May REV3/REV3 Triathlon ...... Knoxville, TN ...... Tennessee River, Mile 646.0–649.0 (Tennessee). 5 ...... 1 day—Second weekend in June ...... Chattanooga Parks and Rec/Chat- Chattanooga, TN.... Tennessee River, Mile 464.0–469.0 tanooga River Rats Open Water Swim. (Tennessee). 30 ...... 1 day—Saturday before Labor Day ...... Wheeling dragon boat race ...... Wheeling, WV ...... Ohio River mile 90.4–91.5 (West Vir- ginia). 38 ...... 1 day—Third weekend in November ...... TREC–RACE/Pangorge ...... Chattanooga, TN .... Tennessee River, Mile 44.0–455.0 (Ten- nessee). 43 ...... 1 day—second or third Saturday in July Allegheny Mountain LMSC/Search for Pittsburgh, PA ...... Allegheny River mile 0.0–0.6 (Pennsyl- Monongy. vania). 51 ...... 2 days—First weekend in August ...... Buckeye Outboard Association/Ports- Portsmouth, OH ..... Ohio River, Mile 355.3–356.7 (Ohio). mouth Challenge. 63 ...... 1 day—Fourth weekend in October ...... Chattajack ...... Chattanooga, TN .... Tennessee River, Mile 463.7–464.5 (Tennessee). 66 ...... 1 day—Last weekend in July ...... Music City SUP Race ...... Nashville, TN ...... Cumberland River, Mile 190.0–191.5 (Tennessee).

In addition, the Coast Guard proposes amendments involve changes to the 100.801. The 48 special local to revise regulations in 33 CFR 100.801 marine event event/sponsor title, dates, regulations being amended are below: Table 1 by amending 48 existing special and/or regulated areas, with reference local regulations listed in the table. The by line number to Table 1 of 33 CFR

Ohio Valley Revision Line Date Event/sponsor location Regulated area (date/area)

2 ...... 1 day—During the last week Kentucky Derby Festival/Belle Louisville, KY Ohio River, Mile 595.0–605.3 area. of April or first week of May. of Louisville Operating (Kentucky).. Board/Great Steamboat Race. 4 ...... 1 day—Third weekend in May World Triathlon Corporation/ Chattanooga, Tennessee River, Mile 462.7– area. IRONMAN 70.3. TN. 467.5 (Tennessee). 7 ...... 2 days—First weekend of Thunder on the Bay/KDBA ..... Pisgah Bay, Tennessee River, Mile 30.0 June. KY. (Kentucky). 8 ...... 1 day—One of the first two Green Umbrella/Ohio River Cincinnati, OH Ohio River, Mile 458.5–476.4 area. weekends in August. Paddlefest. (Ohio and Kentucky). 9 ...... 1 day—Fourth or fifth Sunday Green Umbrella/Great Ohio Cincinnati, OH Ohio River, Mile 468.8–471.2 area. in September. River Swim. (Ohio and Kentucky). 10 ...... 1 day—One of the last two Ohio River Open Water Swim Prospect, KY .. Ohio River, Mile 587.0–591.0 area. weekends in September. (Kentucky). 11 ...... 2 days—One of the first three Louisville Dragon Boat Fes- Louisville, KY Ohio River, Mile 602.0–604.5 date and area. weekends in September. tival. (Kentucky). 12 ...... 1 day—Third or fourth Sunday Tucson Racing/Cincinnati Cincinnati, OH Ohio River, Mile 468.3–471.2 area. of July. Triathlon. (Ohio). 13 ...... 2 days—One of the first two Thunder on the Bay/KDBA ..... Pisgah Bay, Tennessee River, Mile 30.0 event/sponsor weekends in July. KY. (Kentucky). and date. 14 ...... 1 day—Second weekend in Bradley Dean/Renaissance Florence, AL ... Tennessee River, Mile 254.0– area. July. Man Triathlon. 258.0 (Alabama). 15 ...... 3 days—The last weekend in Madison Regatta, Inc./Madi- Madison, IN .... Ohio River, Mile 554.0–561.0 date and area. June or one of the first two son Regatta. (Indiana). weekends in July. 16 ...... 1 day—One weekend in June Louisville Race the Bridge Louisville, KY Ohio River, Mile 600.5–604.0 date and area. Triathlon. (Kentucky). 17 ...... 1 day—Fourth weekend in Team Magic/Chattanooga Wa- Chattanooga, Tennessee River, Mile 462.7– area. June. terfront Triathlon. TN. 466.0 (Tennessee).

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Ohio Valley Revision Line Date Event/sponsor location Regulated area (date/area)

18 ...... 1 day—Fourth weekend in Team Magic/Music City Nashville, TN .. Cumberland River, Mile area. July. Triathlon. 189.7–192.3 (Tennessee). 21 ...... 2 days—First weekend of Au- Thunder on the Bay/KDBA ..... Pisgah Bay, Tennessee River, Mile 30.0 event/sponsor. gust. KY. (Kentucky). 22 ...... 2 days—One of the last three Captain Quarters Regatta ...... Louisville, KY Ohio River, Mile 594.0–598.0 date and area. weekends in September or (Kentucky). the first weekend in October. 23 ...... 2 days—One of the first three Norton Healthcare/Ironman Louisville, KY Ohio River, Mile 600.5–605.5 date and area. weekends in October. Triathlon. (Kentucky). 25 ...... 1 day—Last weekend in Au- Tennessee Clean Water Net- Knoxville, TN .. Tennessee River, Mile 646.3– area. gust. work/Downtown Dragon 648.7 (Tennessee). Boat Races. 26 ...... 3 days—One weekend in Au- Pro Water Cross Champion- Charleston, Kanawha River, Mile 56.7– event/sponsor gust. ships. WV. 57.6 (West Virginia). and date. 27 ...... 2 days—One weekend in July Huntington Classic Regatta .... Huntington, Ohio River, Mile 307.3–309.3 date. WV. (West Virginia). 31 ...... 1 day—One of the first three Cumberland River Compact/ Nashville, TN .. Cumberland River, Mile date and area. weekends in September. Cumberland River Dragon 189.7–192.1 (Tennessee). Boat Festival. 32 ...... 2 days—One of the first three State Dock/Cumberland Poker Jamestown, Lake Cumberland (Kentucky) date. weekends in September. Run. KY. 33 ...... 3 days—One of the first three Sailing for a Cure Foundation/ Louisville, KY Ohio River, Mile 600.0–605.0 date and area. weekends in September. SFAC Fleur de Lis Regatta. (Kentucky). 34 ...... 1 day—Last weekend in Sep- World Triathlon Corporation/ Chattanooga, Tennessee River, Mile 462.7– area. tember. IRONMAN Chattanooga. TN. 467.5 (Tennessee). 37 ...... 1 day—First or second week- Lookout Rowing Club/Chat- Chattanooga, Tennessee River, Mile 463.0– area. end in October. tanooga Head Race. TN. 468.0 (Tennessee). 39 ...... 3 days—First weekend in No- Atlanta Rowing Club/Head of Chattanooga, Tennessee River, Mile 463.0– area. vember. the Hooch Rowing Regatta. TN. 468.0 (Tennessee). 41 ...... 1 day—During the last week- Louisville Metro Government/ Louisville, KY Ohio River, Mile 601.0–604.5 date and area. end in May or on Memorial Mayor’s Healthy Hometown (Kentucky). Day. Subway Fresh Fit, Hike, Bike and Paddle. 42 ...... 3 days—One of the last three Hadi Shrine/Evansville Evansville, IN Ohio River, Mile 790.0–796.0 area. weekends in June. Shriners Festival/Freedom (Indiana). Festival. 44 ...... 1 day—During the first week Evansville Freedom Celebra- Evansville, IN Ohio River, Mile 790.0–797.0 area. of July. tion/4th of July Freedom (Indiana). Celebration. 45 ...... 1 day—First weekend in Sep- Louisville Metro Government/ Louisville, KY Ohio River, Mile 601.0–610.0 date and area. tember or on Labor Day. Mayor’s Healthy Hometown (Kentucky). Subway Fresh Fit, Hike, Bike and Paddle. 46 ...... 2 days—One of the last three Dare to Care/KFC Mayor’s Louisville, KY Ohio River, Mile 600.0–605.0 area. weekends in July. Cup Paddle Sports Races/ (Kentucky). Voyageur Canoe World Championships. 47 ...... 3 days—One of the last two Kentucky Drag Boat Associa- Livermore, KY Green River, Mile 69.0–72.5 date and area. weekends in August. tion/Thunder on the Green. (Kentucky). 48 ...... 1 day—Fourth weekend in Au- Team Rocket Tri-Club/ Huntsville, AL Tennessee River, Mile 332.2– area. gust. Rocketman Triathlon. 335.5 (Alabama). 49 ...... 3 days—One of the last three Hadi Shrine/Owensboro Air Owensboro, Ohio River, Mile 754.0–760.0 area. weekends in September or Show. KY. (Kentucky). first weekend in October. 50 ...... 1 day—Last weekend in July HealthyHuntington.org/St. Huntington, Ohio River, Mile 307.3–308.3 date. or first weekend in August. Marys Tri-state Triathlon. WV. (West Virginia). 52 ...... 2 days—Sunday before Labor Cincinnati Bell, WEBN, and Cincinnati, OH Ohio River, Mile 463.0–477.0 date and area. Day and Labor Day. Proctor and Gamble/ (Kentucky and Ohio) and Riverfest. Licking River Mile 0.0–3.0 (Kentucky). 53 ...... 1 Day—One Sunday in Sep- Ohio River Sternwheel Fes- Marietta, OH ... Ohio River, Mile 170.5–172.5 date. tember. tival Committee Sternwheel (Ohio). race reenactment. 54 ...... 1 Day—One Saturday in Sep- Parkesburg Paddle Fest ...... Parkersburg, Ohio River, Mile 184.3–188 date. tember or One weekend in WV. (West Virginia). September. 55 ...... 3 Days—Last weekend of New Martinsville Records and New Ohio River, Mile 128–129 date. September and/or first Regatta Challenge Com- Martinsville, (West Virginia). weekend in October. mittee. WV. 60 ...... 2 days—One weekend in Au- POWERBOAT NATIONALS— Ravenswood, Ohio River, Mile 220.5–221.5 date. gust. Ravenswood Regatta. WV. (West Virginia). 61 ...... 3 days—One of the last three Lawrenceburg Regatta/Whis- Lawrenceburg, Ohio River, Mile 491.0–497.0 area. weekends in June. key City Regatta. IN. (Indiana).

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Ohio Valley Revision Line Date Event/sponsor location Regulated area (date/area)

62 ...... 2 days—One of the last three Madison Vintage Thunder ...... Madison, IN .... Ohio River, Mile 556.5–559.5 date. weekends in September. (Indiana). 64 ...... 1 day—Third weekend in Vanderbilt Rowing/Vanderbilt Nashville, TN .. Cumberland River, Mile area. March. Invite. 188.0–192.7 (Tennessee). 65 ...... 3 days—First weekend in Oc- Vanderbilt Rowing/Music City Nashville, TN .. Cumberland River, Mile date and area. tober. Head Race. 189.5–196.0 (Tennessee). 67 ...... 3 days—Third weekend in TM Thunder LLC/Thunder on Nashville, TN .. Cumberland River, Mile area. June. the Cumberland. 189.6–192.3 (Tennessee). 68 ...... 3 days—Second weekend in Vanderbilt Rowing/ACRA Hen- Nashville, TN .. Cumberland River, Mile area. May. ley. 188.0–194.0 (Tennessee). 70 ...... 2 days—Third Friday and Sat- Thunder Over Louisville ...... Louisville, KY Ohio River, Mile 597.0–604.0 area. urday in April. (Kentucky). 71 ...... 3 days—The last weekend in Evansville HydroFest ...... Evansville, IN Ohio River, Mile 790.5–794.0 date and area. August or one of the first two weekends in September.

The amendments to Table 1 are These areas are limited in size and compliance, please contact the person necessary to ensure the safety of vessels duration, and usually do not affect high listed in the FOR FURTHER INFORMATION and people during annual events taking vessel traffic areas. Moreover, the Coast CONTACT section. The Coast Guard will place on or near navigable waters in Guard would issue a Broadcast Notice to not retaliate against small entities that Sector Ohio Valley. Although this Mariners via VHF–FM marine channel question or complain about this proposed rule would be in effect year- 16 about the areas, and the rule would proposed rule or any policy or action of round, the specific special local allow vessels to seek permission to enter the Coast Guard. regulations listed in Table 1 of 33 CFR the areas. C. Collection of Information 100.801 would only be enforced during B. Impact on Small Entities the specified period of time of annual This proposed rule will not call for a events listed. In accordance with the The Regulatory Flexibility Act of new collection of information under the regulations listed in 33 CFR 100.801(a)– 1980, 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 (j), entry into these safety zones is requires federal agencies to consider the U.S.C. 3501–3520.). prohibited unless authorized by the potential impact of regulations on small entities during rulemaking. The term D. Federalism and Indian Tribal COTP or a designated representative. Governments The regulatory text of the updated Table ‘‘small entities’’ comprises small 1 of § 100.801 we are proposing appears businesses, not-for-profit organizations A rule has implications for federalism at the end of this document. that are independently owned and under Executive Order 13132, operated and are not dominant in their Federalism, if it has a substantial direct IV. Regulatory Analyses fields, and governmental jurisdictions effect on the States, on the relationship We developed this proposed rule after with populations of less than 50,000. between the national government and considering numerous statutes and The Coast Guard certifies under 5 U.S.C. the States, or on the distribution of Executive orders related to rulemaking. 605(b) that this proposed rule would not power and responsibilities among the Below we summarize our analyses have a significant economic impact on various levels of government. We have based on a number of these statutes and a substantial number of small entities. analyzed this proposed rule under that Executive orders and we discuss First While some owners or operators of Order and have determined that it is Amendment rights of protestors. vessels intending to transit the regulated consistent with the fundamental areas may be small entities, for the federalism principles and preemption A. Regulatory Planning and Review reasons stated in section IV.A above, requirements described in Executive Executive Orders 12866 and 13563 this proposed rule would not have a Order 13132. direct agencies to assess the costs and significant economic impact on any Also, this proposed rule does not have benefits of available regulatory vessel owner or operator. tribal implications under Executive alternatives and, if regulation is If you think that your business, Order 13175, Consultation and necessary, to select regulatory organization, or governmental Coordination with Indian Tribal approaches that maximize net benefits. jurisdiction qualifies as a small entity Governments, because it does not have Executive Order 13771 directs agencies and that this rule would have a a substantial direct effect on one or to reduce regulation and control significant economic impact on it, more Indian tribes, on the relationship regulatory costs through a budgeting please submit a comment (see between the Federal Government and process. ADDRESSES) explaining why you think it Indian tribes, or on the distribution of This NPRM has not been designated qualifies and how and to what degree power and responsibilities between the a ‘‘significant regulatory action,’’ under this rule would economically affect it. Federal Government and Indian tribes. Executive Order 12866. Accordingly, Under section 213(a) of the Small If you believe this proposed rule has the NPRM has not been reviewed by the Business Regulatory Enforcement implications for federalism or Indian Office of Management and Budget Fairness Act of 1996 (Pub. L. 104–121), tribes, please contact the person listed (OMB), and pursuant to OMB guidance we want to assist small entities in in the FOR FURTHER INFORMATION it is exempt from the requirements of understanding this proposed rule. If the CONTACT section above. Executive Order 13771. proposed rule would affect your small This regulatory action determination business, organization, or governmental E. Unfunded Mandates Reform Act is based on the size, location, and jurisdiction and you have questions The Unfunded Mandates Reform Act duration of the special local regulations. concerning its provisions or options for of 1995 (2 U.S.C. 1531–1538) requires

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Federal agencies to assess the effects of G. Protest Activities www.regulations.gov and will include their discretionary regulatory actions. In any personal information you have The Coast Guard respects the First particular, the Act addresses actions provided. For more about privacy and Amendment rights of protesters. that may result in the expenditure by a the docket, visit http:// Protesters are asked to contact the State, local, or tribal government, in the www.regulations.gov/privacyNotice. person listed in the FOR FURTHER aggregate, or by the private sector of INFORMATION CONTACT section to Documents mentioned in this NPRM $100,000,000 (adjusted for inflation) or coordinate protest activities so that your as being available in the docket, and all more in any one year. Though this message can be received without public comments, will be in our online proposed rule will not result in such an jeopardizing the safety or security of docket at http://www.regulations.gov expenditure, we do discuss the effects of people, places or vessels. and can be viewed by following that this rule elsewhere in this preamble. website’s instructions. Additionally, if F. Environment V. Public Participation and Request for you go to the online docket and sign up Comments We have analyzed this proposed rule for email alerts, you will be notified under Department of Homeland We view public participation as when comments are posted or a final Security Management Directive 023–01 essential to effective rulemaking, and rule is published. and Commandant Instruction will consider all comments and material List of Subjects in 33 CFR Part 100 M16475.lD, which guide the Coast received during the comment period. Guard in complying with the National Your comment can help shape the Marine safety, Navigation (water), Environmental Policy Act of 1969 outcome of this rulemaking. If you Reporting and recordkeeping (NEPA)(42 U.S.C. 4321–4370f), and submit a comment, please include the requirements, Waterways. docket number for this rulemaking, have made a preliminary determination For the reasons discussed in the that this action is one of a category of indicate the specific section of this preamble, the U.S. Coast Guard actions that do not individually or document to which each comment proposes to amend 33 CFR part 100 as cumulatively have a significant effect on applies, and provide a reason for each follows: the human environment. Normally such suggestion or recommendation. actions are categorically excluded from We encourage you to submit PART 100— SAFETY OF LIFE ON further review under paragraph L61 of comments through the Federal NAVIGABLE WATERWAYS Appendix A, Table 1 of DHS Instruction eRulemaking Portal at http:// Manual 023–01–001–01, Rev. 01. A www.regulations.gov. If your material ■ 1. The authority citation for part 100 preliminary Record of Environmental cannot be submitted using http:// continues to read as follows: Consideration supporting this www.regulations.gov, contact the person determination is available in the docket in the FOR FURTHER INFORMATION Authority: 33 U.S.C. 1233. where indicated under ADDRESSES. We CONTACT section of this document for ■ 2. In § 100.801, revise Table 1 to read seek any comments or information that alternate instructions. as follows: may lead to the discovery of a We accept anonymous comments. All significant environmental impact from comments received will be posted § 100.801 Annual Marine Events in the this proposed rule. without change to http:// Eighth Coast Guard District

Date Event/sponsor Ohio Valley location Regulated area

1. 1 day—During the last week of April or Kentucky Derby Festival/Belle of Louisville Louisville, KY ...... Ohio River, Mile 595.0–605.3 (Kentucky). first week of May. Operating Board/Great Steamboat Race. 2. 1 day—Third weekend in May ...... World Triathlon Corporation/IRONMAN 70.3 Chattanooga, TN ...... Tennessee River, Mile 462.7–467.5 (Ten- nessee). 3. 1 day—Third or fourth weekend in June .... Greater Morgantown Convention and Visitors Morgantown, WV ...... Monongahela River, Mile 101.0–102.0 (West Bureau/Mountaineer Triathlon. Virginia). 4. 2 days—First weekend of June ...... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). 5. 1 day—One of the first two weekends in Green Umbrella/Ohio River Paddlefest ...... Cincinnati, OH ...... Ohio River, Mile 458.5–476.4 (Ohio and Ken- August. tucky). 6. 1 day—Fourth or fifth Sunday in Sep- Green Umbrella/Great Ohio River Swim ...... Cincinnati, OH ...... Ohio River, Mile 468.8–471.2 (Ohio and Ken- tember. tucky). 7. 1 day—One of the last two weekends in Ohio River Open Water Swim ...... Prospect, KY ...... Ohio River, Mile 587.0–591.0 (Kentucky). September. 8. 2 days— One of the first three weekends Louisville Dragon Boat Festival ...... Louisville, KY ...... Ohio River, Mile 602.0–604.5 (Kentucky). in September. 9. 1 day—Third or fourth Sunday of July ...... Tucson Racing/Cincinnati Triathlon ...... Cincinnati, OH ...... Ohio River, Mile 468.3–471.2 (Ohio). 10. 2 days—One of the first two weekends in Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky). July. 11. 1 day—Second weekend in July ...... Bradley Dean/Renaissance Man Triathlon .... Florence, AL ...... Tennessee River, Mile 254.0–258.0 (Ala- bama). 12. 3 days— The last weekend in June or Madison Regatta, Inc./Madison Regatta ...... Madison, IN ...... Ohio River, Mile 554.0–561.0 (Indiana). one of the first two weekends in July. 13. 1 day— One weekend in June ...... Louisville Race the Bridge Triathlon ...... Louisville, KY ...... Ohio River, Mile 600.5–604.0 (Kentucky). 14. 1 day—Fourth weekend in June ...... Team Magic/Chattanooga Waterfront Chattanooga, TN ...... Tennessee River, Mile 462.7–466.0 (Ten- Triathlon. nessee). 15. 1 day—Fourth weekend in July ...... Team Magic/Music City Triathlon ...... Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Ten- nessee). 16. 2 days—Last two weeks in July or first Friends of the Riverfront Inc./Pittsburgh Pittsburgh, PA...... Allegheny River, Mile 0.0–1.5 (Pennsyl- three weeks of August. Triathlon and Adventure Races. vania). 17. 3 days—First week of August ...... EQT Pittsburgh Three Rivers Regatta ...... Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.6, and Monongahela River, Mile 0.0–0.5(Pennsylvania). 18. 2 days—First weekend of August ...... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ...... Tennessee River, Mile 30.0 (Kentucky).

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Date Event/sponsor Ohio Valley location Regulated area

19. 2 days—One of the last three weekends Captain Quarters Regatta ...... Louisville, KY ...... Ohio River, Mile 594.0–598.0 (Kentucky). in September or the first weekend in Octo- ber. 20. 2 days— One of the first three weekends Norton Healthcare/Ironman Triathlon ...... Louisville, KY ...... Ohio River, Mile 600.5–605.5 (Kentucky). in October. 21. 2 days—Third full weekend (Saturday Ohio County Tourism/Rising Sun Boat Races Rising Sun, IN ...... Ohio River, Mile 504.0–508.0 (Indiana and and Sunday) in August. Kentucky). 22. 1 day—Last weekend in August ...... Tennessee Clean Water Network/Downtown Knoxville, TN...... Tennessee River, Mile 646.3–648.7 (Ten- Dragon Boat Races. nessee). 23. 3 days—One weekend in August ...... Pro Water Cross Championships ...... Charleston, WV ...... Kanawha River, Mile 56.7–57.6 (West Vir- ginia). 24. 2 days—One weekend in July ...... Huntington Classic Regatta ...... Huntington, WV ...... Ohio River, Mile 307.3–309.3 (West Virginia). 25. 2 days—Labor Day weekend ...... Wheeling Vintage Race Boat Association Wheeling, WV ...... Ohio River, Mile 90.4–91.5 (West Virginia). Ohio/Wheeling Vintage Regatta. 26. 2 days—weekend before Labor Day ...... SUP3Rivers The Southside Outside ...... Pittsburgh, PA ...... Monongahela River, Mile 0.0–3.09 Allegheny River Mile 0.0–0.25 (Pennsylvania). 27. 1 day—One of the first three weekends Cumberland River Compact/Cumberland Nashville, TN ...... Cumberland River, Mile 189.7–192.1 (Ten- in September. River Dragon Boat Festival. nessee). 28. 2 days—One of the first three weekends State Dock/Cumberland Poker Run ...... Jamestown, KY ...... Lake Cumberland (Kentucky). in September. 29. 3 days—One of the first three weekends Sailing for a Cure Foundation/SFAC Fleur de Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). in September. Lis Regatta. 30. 1 day—Last weekend in September ...... World Triathlon Corporation/IRONMAN Chat- Chattanooga, TN ...... Tennessee River, Mile 462.7–467.5 (Ten- tanooga. nessee). 31. 1 day—Second weekend in September ... City of Clarksville/Clarksville Riverfest Card- Clarksville, TN ...... Cumberland River, Mile 125.0–126.0 (Ten- board Boat Regatta. nessee). 32. 2 days—First weekend of October ...... Three Rivers Rowing Association/Head of Pittsburgh, PA...... Allegheny River, Mile 0.0–4.0 (Pennsyl- the Ohio Regatta. vania). 33. 1 day—First or second weekend in Octo- Lookout Rowing Club/Chattanooga Head Chattanooga, TN ...... Tennessee River, Mile 463.0–468.0 (Ten- ber. Race. nessee). 34. 3 days—First weekend in November ...... Atlanta Rowing Club/Head of the Hooch Chattanooga, TN ...... Tennessee River, Mile 463.0–468.0 (Ten- Rowing Regatta. nessee). 35. One Saturday in June or July ...... Paducah Summer Festival/Cross River Swim Paducah, KY ...... Ohio River, Mile 934–936 (Kentucky). 36. 1 day—During the last weekend in May Louisville Metro Government/Mayor’s Healthy Louisville, KY ...... Ohio River, Mile 601.0–604.5 (Kentucky). or on Memorial Day. Hometown Subway Fresh Fit, Hike, Bike and Paddle. 37. 3 days—One of the last three weekends Hadi Shrine/Evansville Shriners Festival/ Evansville, IN ...... Ohio River, Mile 790.0–796.0 (Indiana). in June. Freedom Festival. 38. 1 day—During the first week of July ...... Evansville Freedom Celebration/4th of July Evansville, IN ...... Ohio River, Mile 790.0–797.0 (Indiana). Freedom Celebration. 39. 1 day—First weekend in September or Louisville Metro Government/Mayor’s Healthy Louisville, KY ...... Ohio River, Mile 601.0–610.0 (Kentucky). on Labor Day. Hometown Subway Fresh Fit, Hike, Bike and Paddle. 40. 2 days—One of the last three weekends Dare to Care/KFC Mayor’s Cup Paddle Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Kentucky). in July. Sports Races/Voyageur Canoe World Championships. 41. 3 days—One of the last two weekends in Kentucky Drag Boat Association/Thunder on Livermore, KY ...... Green River, Mile 69.0–72.5 (Kentucky). August. the Green. 42. 1 day—Fourth weekend in August ...... Team Rocket Tri-Club/Rocketman Triathlon .. Huntsville, AL ...... Tennessee River, Mile 332.2–335.5 (Ala- bama). 43. 3 days—One of the last three weekends Hadi Shrine/Owensboro Air Show ...... Owensboro, KY ...... Ohio River, Mile 754.0–760.0 (Kentucky). in September or first weekend in October. 44. 1 day—Last weekend in July or first HealthyHuntington.org/St. Marys Tri-state Huntington, WV ...... Ohio River, Mile 307.3–308.3 (West Virginia). weekend in August. Triathlon. 45. 2 days—Sunday before Labor Day and Cincinnati Bell, WEBN, and Proctor and Cincinnati, OH ...... Ohio River, Mile 463.0–477.0 (Kentucky and Labor Day. Gamble/Riverfest. Ohio) and Licking River Mile 0.0–3.0 (Ken- tucky). 46. 1 Day—One Sunday in September ...... Ohio River Sternwheel Festival Committee Marietta, OH ...... Ohio River, Mile 170.5–172.5 (Ohio). Sternwheel race reenactment. 47. 1 Day—One Saturday in September or Parkesburg Paddle Fest ...... Parkersburg, WV ...... Ohio River, Mile 184.3–188 (West Virginia). One weekend in September. 48. 3 Days—Last weekend of September New Martinsville Records and Regatta Chal- New Martinsville, WV Ohio River, Mile 128–129 (West Virginia). and/or first weekend in October. lenge Committee. 49. First weekend in July ...... Eddyville Creek Marina/Thunder Over Eddy Eddyville, KY...... Cumberland River, Mile 46.0–47.0 (Ken- Bay. tucky). 50. First or second weekend of July ...... Prizer Point Marina/4th of July Celebration ... Cadiz, KY ...... Cumberland River, Mile 54.0–55.09 (Ken- tucky). 51. 2 days—last weekend in May or first Visit Knoxville/Racing on the Tennessee ...... Knoxville, TN ...... Tennessee River, Mile 647.0–648.0 (Ten- weekend in June. nessee). 52. 1 day—First or second weekend in Au- Riverbluff Triathlon ...... Ashland City, TN ...... Cumberland River, Mile 157.0–159.0 (Ten- gust. nessee). 53. 2 days—One weekend in August ...... POWERBOAT NATIONALS—Ravenswood Ravenswood, WV ...... Ohio River, Mile 220.5–221.5 (West Virginia). Regatta. 54. 3 days—One of the last three weekends Lawrenceburg Regatta/Whiskey City Regatta Lawrenceburg, IN ...... Ohio River, Mile 491.0–497.0 (Indiana). in June. 55. 2 days—One of the last three weekends Madison Vintage Thunder ...... Madison, IN ...... Ohio River, Mile 556.5–559.5 (Indiana). in September. 56. 1 day—Third weekend in March ...... Vanderbilt Rowing/Vanderbilt Invite ...... Nashville, TN ...... Cumberland River, Mile 188.0–192.7 (Ten- nessee). 57. 3 days—First or Second weekend in Oc- Vanderbilt Rowing/Music City Head Race ..... Nashville, TN ...... Cumberland River, Mile 189.5–196.0 (Ten- tober. nessee). 58. 3 days—Third weekend in June ...... TM Thunder LLC/Thunder on the Cum- Nashville, TN ...... Cumberland River, Mile 189.6–192.3 (Ten- berland. nessee).

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Date Event/sponsor Ohio Valley location Regulated area

59. 3 days—Second weekend in May ...... Vanderbilt Rowing/ACRA Henley ...... Nashville, TN ...... Cumberland River, Mile 188.0–194.0 (Ten- nessee). 60. 2 days—Third weekend in August ...... Kittanning Riverbration Boat Races ...... Kittanning, PA ...... Allegheny River, Mile 44.0–45.5 (Pennsylvania). 61. 2 days—Third Friday and Saturday in Thunder Over Louisville ...... Louisville, KY ...... Ohio River, Mile 597.0–604.0 (Kentucky). April. 62. 3 days—The last weekend in August or Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0. one of the first two weekends in Sep- tember. 63. 2 days—One weekend in July ...... Marietta Riverfront Roar Regatta ...... Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 64. 1 day—One weekend in November or Charleston Lighted Boat Parade ...... Charleston, WV ...... Kanawha River, Mile 54.3–60.3 (West Vir- December. ginia). 65. 1 day—One weekend in August ...... YMCA River Swim ...... Charleston, WV ...... Kanawha River, Mile 58.3–60.3 (West Vir- ginia). 66. 1 day—One weekend in April ...... Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). 67. 2 days—One weekend in June ...... New Martinsville Vintage Regatta ...... New Martinsville,WV .. Ohio River Mile 127.5–128.5 (West Virginia). 68. 3 days—One weekend in August ...... Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Kentucky). 69. 2 days—Fourth weekend in March ...... Oak Ridge Rowing Association/Atomic City Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Turn and Burn. 70. 3 days—Second or third weekend in Oak Ridge Rowing Association/Cardinal Invi- Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). March. tational. 71. 3 days—Third weekend in April ...... Oak Ridge Rowing Association/SIRA Regatta Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). 72. 3 days—Fifth weekend in April ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Junior Regatta. 73. 3 days—Second weekend in May ...... Oak Ridge Rowing Association/Big 12 Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Championships. 74. 3 days—Third weekend in May ...... Oak Ridge Rowing Association/Dogwood Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Tennessee). Masters. 75. 1 day—First weekend in June ...... Visit Knoxville/Knoxville Powerboat Classic ... Knoxville, TN ...... Tennessee River, Mile 646.4–649.0 (Ten- nessee). 76. 1 day—first Sunday in August ...... Above the Fold Events/Riverbluff Triathlon ... Ashland City, TN ...... Cumberland River, Mile 157.0–159.5 (Ten- nessee). 77. 3 days—First weekend in June ...... Outdoor Chattanooga/Chattanooga Swim Chattanooga, TN ...... Tennessee River, Mile 454.0–468.0 (Ten- Festival. nessee). 78. 1 day—Fourth or fifth weekend in Sep- Knoxville Open Water Swimmers/Bridges to Knoxville, TN...... Tennessee River, Mile 641.0–648.0 (Ten- tember. Bluffs. nessee). 79. 1 day—Third Sunday in September ...... Team Rocket Tri Club/Swim Hobbs Island .... Huntsville, AL ...... Tennessee River, Mile 332.3–338.0 (Ala- bama).

Dated: March 27, 2018. the current table. This action in I. Table of Abbreviations M.B. Zamperini, necessary to protect spectators, CFR Code of Federal Regulations Captain, U.S. Coast Guard, Captain of the participants, and vessels from the COTP Captain of the Port Sector Ohio Port Sector Ohio Valley. hazards associated with annual marine Valley [FR Doc. 2018–06740 Filed 4–2–18; 8:45 am] events. This proposed rulemaking DHS Department of Homeland Security BILLING CODE 9110–04–P would restrict vessel traffic from the FR Federal Register safety zones during the events unless NPRM Notice of proposed rulemaking authorized by the Captain of the Port § Section DEPARTMENT OF HOMELAND Sector Ohio Valley or a designated U.S.C. United States Code SECURITY representative. We invite your II. Background, Purpose, and Legal comments on this proposed rulemaking. Basis Coast Guard DATES: Comments and related material The Captain of the Port Sector Ohio 33 CFR Part 165 must be received by the Coast Guard on Valley (COTP) proposes to amend 33 or before April 18, 2018. CFR 165.801 to update the table of [Docket Number USCG–2018–0065] annual fireworks displays and other ADDRESSES: RIN 1625–AA00 You may submit comments marine-related events in Coast Guard identified by docket number USCG– Sector Ohio Valley. The current list of Safety Zones; Coast Guard Sector 2018–0065 using the Federal annual and recurring safety zones Ohio Valley Annual and Recurring eRulemaking Portal at http:// occurring in Sector Ohio Valley is Safety Zones Update www.regulations.gov. See the ‘‘Public published in Table 1 of 33 CFR 165.801. Participation and Request for AGENCY: Coast Guard, DHS. That most recent table was created Comments’’ portion of the through the final rule published on June ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION section for 6, 2017 (82 FR 25965). The current table SUMMARY: The Coast Guard proposes to further instructions on submitting in 33 CFR 165.801 needs to be amended amend its safety zone regulations for comments. to include new safety zones expected to annual events in Coast Guard Sector recur annually or biannually and FOR FURTHER INFORMATION CONTACT: If provide new information on existing Ohio Valley that are listed in the you have questions on this proposed safety zones. SUPPLEMENTARY INFORMATION section in rule, call or email Petty Officer Joshua this document. This proposed rule The proposed annually recurring Herriott, Sector Ohio Valley, U.S. Coast would add 23 new recurring safety safety zones are necessary to provide for Guard; telephone (502) 779–5343, email zones and amend the event/sponsor, the safety of life on navigable waters [email protected]. dates, and/or regulated areas for 31 during the events. Based on the nature recurring safety zones already listed in SUPPLEMENTARY INFORMATION: of these marine events, large numbers of

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participants and spectators, and event 15-day prior notice and opportunity to III. Discussion of the Proposed Rule locations, the COTP has determined that comment pursuant to section (d)(3) of the events listed in this proposed rule the Administrative Procedure Act (APA) The COTP proposes to amend its could pose a risk to participants or (5 U.S.C. 553(d)). This provision safety zone regulations for annual waterways users if the normal vessel authorizes an agency to publish a rule events in Coast Guard Sector Ohio traffic were to interfere with the events. in less than 30 days before its effective Valley listed in Table 1 of 33 CFR Possible hazards include risks of injury date for ‘‘good cause found and 165.801. This section requires or death from near or actual contact published with the rule.’’ Under 5 amendment from time to time to among participant vessels and U.S.C. 553(b)(B), the Coast Guard finds properly reflect the recurring safety spectators or mariners traversing that good cause exists for publishing zone regulations in Sector Ohio Valley. through the regulated area. In order to this NPRM with a 15-day comment This rule would add 23 new recurring protect the safety of all waterway users, safety zones and amend the event/ including event participants and period because it is impractical to provide a 30-day comment period. sponsor, dates, and/or regulated areas spectators, this proposed rule would for 31 recurring safety zones already establish safety zones for the time and These proposed safety zones are necessary to ensure the safety of vessels listed in the current table. Other than location of each marine event. these 23 new safety zones and 31 This purpose of this proposed and persons during the marine events. changes to the event/sponsor, dates, rulemaking is to ensure the safety of It is impracticable to publish an NPRM vessels on the navigable waters in the with a 30-day comment period because and/or locations of certain events, the safety zones during the scheduled we must establish some of these updates regulations of 33 CFR 165.801 and the events. Vessels would not be permitted as early as the end of April 2018. A 15- other provisions in Table 1 of § 165.801 to enter the safety zone unless day comment period would allow the would remain unchanged. authorized by the COTP or a designated Coast Guard to provide for public notice The Coast Guard proposes to revise representative. The Coast Guard and comment, but also update the safety regulations at 33 CFR 165.801 Table 1 proposes this rulemaking under zones soon enough that the length of the by adding 23 new safety zones. The 23 authority in 33 U.S.C. 1231. notice and comment period does not safety zones being added to Table 1 are The Coast Guard is issuing this notice compromise public safety. below: of proposed rulemaking (NPRM) with a

Date Event/sponsor Ohio Valley location Regulated area

1 day—Third week of November ...... Gallipolis in Lights ...... Gallipolis, OH ...... Ohio River, Mile 269.2–270 (Ohio). 1 day—One weekend in September Tribute to the River ...... Point Pleasant, WV ...... Ohio River, Mile 264.6–265.6 (West Virginia). 1 day—Labor Day or first week of Labor Day Fireworks Show ...... Marmet, WV ...... Kanawha River, Mile 67.5–68 (West September. Virginia). 1 day—One weekend in August ...... Ravenswood River Festival ...... Ravenswood, WV ...... Ohio River, Mile 220–221 (West Vir- ginia). 1 day—First weekend or week in July Queen’s Landing Fireworks ...... Greenup, KY ...... Ohio River, Mile 339.3–340.3 (West Virginia). 1 day—First weekend in June ...... Cumberland River Compact/Nash- Nashville, TN ...... Cumberland River, Mile 189.7–192.1 ville Splash Bash. (Tennessee). 1 day—Second weekend in Sep- Nashville Symphony/Concert Fire- Nashville, TN ...... Cumberland River, Mile 190.1–192.3 tember. works. (Tennessee). 1 day—Second or third weekend in Outdoor Chattanooga/Swim the Suck Chattanooga, TN ...... Tennessee River, Mile 452.0–454.5 October. (Tennessee). 1 day—Friday or Saturday after Friends of the Festival/Cheer at the Chattanooga, TN ...... Tennessee River, Mile 462.7–465.2 Thanksgiving. Pier. (Tennessee). 1 day—July 3rd ...... Chattanooga Presents/Pops on the Chattanooga, TN ...... Tennessee River, Mile 462.7–465.2 River. (Tennessee). 7 days—Scheduled home games ...... University of Tennessee/UT Football Knoxville, TN ...... Tennessee River, Mile 645.6–648.3 Fireworks. (Tennessee). 1 day—July 3rd ...... Randy Boyd/Independence Celebra- Knoxville, TN ...... Tennessee River, Mile 625.0–628.0 tion Fireworks Display. (Tennessee). 1 day—Second weekend in Sep- City of Clarksville/Clarksville Clarksville, TN ...... Cumberland River, Mile 124.5–127.0 tember. Riverfest. (Tennessee). 1 day—Fourth weekend in October ... Chattajack ...... Chattanooga, TN ...... Tennessee River, Mile 462.7–465.5 (Tennessee). 1 day—First week in May ...... Belterra Park Gaming Fireworks ...... Cincinnati, OH ...... Ohio River, Mile 460.0–462.0 (Ohio). 1 day—First week of July ...... Cincinnati Symphony Orchestra ...... Cincinnati, OH ...... Ohio River, Mile 460.0–462.0 (Ohio). 1 day—First week in August ...... Gliers Goetta Fest LLC ...... Newport, KY ...... Ohio River, Mile 469.0–471.0. 1 day—last 2 weekends in August/ Wheeling Dragon Boat Race ...... Wheeling, WV ...... Ohio River mile 90.4–91.5 (West Vir- first week of September. ginia). 1 day—week of July 4th ...... Chester Fireworks ...... Chester, WV ...... Ohio River mile 42.0–44.0 (West Vir- ginia). 1 day—week of July 4th ...... Wheeling Symphony fireworks ...... Wheeling, WV ...... Ohio River mile 90–92 (West Vir- ginia). 1 day—First week of August ...... Kittaning Folk Festival ...... Kittanning, PA ...... Allegheny River mile 44.0–46.0 (Pennsylvania). 2 days—One weekend in August ...... Powerboat Nationals-Parkersburg Parkersburg, WV ...... Ohio River mile 183.5–185.5 (West Regatta/Parkersburg Homecoming Virginia). Festival.

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Date Event/sponsor Ohio Valley location Regulated area

1 day—One weekend in August ...... Parkersburg Homecoming Festival- Parkersburg, WV ...... Ohio River mile 183.5–185.5 (West Fireworks. Virginia).

The Coast Guard also proposes to zones listed in the current table. The reference by line number to the current revise regulations at 33 CFR 165.801 amendments involve changes to marine Table 1 of 33 CFR 165.801. The 31 Table 1 by amending 31 existing safety event dates and/or regulated areas, with safety zones being amended are below:

Sector Ohio Valley Revision Line Date Sponsor/name location Safety zone (date/area)

3 ...... 2 days—Third Friday and Satur- Thunder Over Louisville/Thunder Louisville, KY...... Ohio River, Mile 601.0–607.0 area. day in April. Over Louisville. (Kentucky). 8 ...... 1 day—One weekend in June .... West Virginia Symphony Or- Charleston, WV ...... Kanawha River, Mile 59.5–60.5 date. chestra/Symphony Sunday. (West Virginia). 9 ...... 1 day—Saturday before 4th of Riverfest/Riverfest Inc ...... Nitro, WV ...... Kanawha River, Mile 43.1–44.2 area. July. (West Virginia). 13 ...... 1 day—Last weekend in June or Riverview Park Independence Louisville, KY...... Ohio River, Mile 617.5–620.5 area. first weekend in July. Festival. (Kentucky). 17 ...... 1 day—During the first week of Louisville Bats Baseball Club/ Louisville, KY...... Ohio River, Mile 602.0–605.0 area. July. Louisville Bats Firework Show. (Kentucky). 18 ...... 1 day—During the first week of Waterfront Independence Fes- Louisville, KY...... Ohio River, Mile 602.0–605.0 date and area. July. tival/Louisville Orchestra Wa- (Kentucky). terfront 4th. 19 ...... 1 day—During the first week of Celebration of the American Owensboro, KY...... Ohio River, Mile 754.0–760.0 area. July. Spirit Fireworks/All American (Kentucky). 4th of July. 20 ...... 1 day—During the first week of Riverfront Independence Festival New Albany, IN...... Ohio River, Mile 606.5–609.6 area. July. Fireworks. (Indiana). 21 ...... 1 day—July 4th...... Shoals Radio Group/Spirit of Florence, AL ...... Tennessee River, Mile 254.5– area. Freedom Fireworks. 257.4 (Alabama). 22 ...... 1 day—Saturday before July 4th Town of Cumberland City/Light- Cumberland City, TN ...... Cumberland River, Mile 103.0– area. ing up the Cumberlands. 105.5 (Tennessee). 23 ...... 1 day—July 4th ...... City of Knoxville/Knoxville Fes- Knoxville, TN ...... Tennessee River, Mile 646.3– event/sponsor tival on the 4th. 648.7 (Tennessee). and area. 24 ...... 1 day—July 4th ...... Nashville NCVC/Independence Nashville, TN ...... Cumberland River, Mile 189.7– area. Celebration. 192.3 (Tennessee). 25 ...... 1 day—Saturday before July 4th, Grand Harbor Marina/Grand Counce, TN ...... Tennessee-Tombigbee Water- area. or Saturday after July 4th. Harbor Marina July 4th Cele- way, Mile 448.5–451.0 (Ten- bration. nessee). 26 ...... 1 day—One of the first two City of Bellevue, KY/Bellevue Bellevue, KY...... Ohio River, Mile 468.2–469.2 date. weekends in July. Beach Park Concert Fireworks. (Kentucky and Ohio). 27 ...... 2 days—Sunday before Labor Cincinnati Bell, WEBN, and Cincinnati, OH...... Ohio River, Mile 469.2–470.5 date. Day and Labor Day. Proctor and Gamble/Riverfest. (Kentucky and Ohio) and Lick- ing River Mile 0.0–3.0 (Ken- tucky). 30 ...... 1 day—First week or weekend in City of Charleston/City of Charleston, WV ...... Kanawha River, Mile 58.1–59.1 date. July. Charleston Independence Day (West Virginia). Celebration. 31 ...... 1 day—First week or weekend in Portsmouth River Days ...... Portsmouth, OH ...... Ohio River, Mile 355.5–356.5 event/sponsor July. (Ohio). and date. 39 ...... 3 days—One of the last three Hadi Shrine/Evansville Freedom Evansville, IN...... Ohio River, Miles 790.0–796.0 date and area. weekends in June. Festival Air Show. (Indiana). 40 ...... 1 day—Second or third Saturday Friends of the Festival, Inc./ Chattanooga, TN ...... Tennessee River, Mile 462.7– area. in June, the last day of the Riverbend Festival Fireworks. 465.2 (Tennessee). Riverbend Festival. 41 ...... 2 days—Second Friday and Sat- City of Newport, KY/Italianfest ... Newport, KY ...... Ohio River, Miles 468.6–471.0 area. urday in June. (Kentucky and Ohio). 42 ...... 1 day—Last weekend in June or City of Aurora/Aurora Fire- Aurora, IN ...... Ohio River Mile, 496.7; 1400 ft. date. first weekend in July. cracker Festival. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 47 ...... 1 day—Week of July 4th ...... EQT Pittsburgh 4th of July fire- Pittsburgh, PA...... Ohio River mile 0.0–0.5, event/sponsor. works. Monongahela River mile 0.0– 0.5, Allegheny River mile 0.0– 0.5. 50 ...... 1 day—Last weekend in June or Evansville Freedom Celebration/ Evansville, IN...... Ohio River, Miles 790.0–796.0 date and area. first week in July. 4th of July Fireworks. (Indiana). 51 ...... 1 day—One of the first two Madison Regatta, Inc./Madison Madison, IN ...... Ohio River, Miles 554.0–561.0 area. weekends in July. Regatta. (Indiana). 53 ...... 2 days—One weekend in July ... Marietta Riverfront Roar Fire- Marietta, OH...... Ohio River, Mile 171.6–172.6 date. works. (Ohio). 54 ...... 1 day—First week or weekend in Gallia County Chamber of Com- Gallipolis, OH...... Ohio River, Mile 269.5–270.5 date. July. merce/Gallipolis River Recre- (Ohio). ation Festival. 55 ...... 1 day—First week or weekend in Kindred Communications/Dawg Huntington, WV...... Ohio River, Mile 307.8–308.8 date. July. Dazzle. (West Virginia). 59 ...... 1 day—One weekend in Sep- Ohio River Sternwheel Festival Marietta, OH...... Ohio River, Mile 171.5–172.5 date. tember. Committee fireworks. (Ohio).

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Sector Ohio Valley Revision Line Date Sponsor/name location Safety zone (date/area)

60 ...... 1 day—Second weekend of Oc- Leukemia and Lymphoma Soci- Nashville, TN ...... Cumberland River, Mile 189.7– area. tober. ety/Light the Night Walk Fire- 192.1 (Tennessee). works. 61 ...... 1 day—One weekend in October West Virginia Motor Car Festival Charleston, WV ...... Kanawha River, Mile 58–59 date. (West Virginia). 69 ...... 1 day—Last week in June or Newburgh Fireworks Display ..... Newburgh, IN ...... Ohio River, Mile 777.3–778.3 date. first week of July. (Indiana).

The amendments to this rule are B. Impact on Small Entities Coordination with Indian Tribal necessary to ensure the safety of vessels The Regulatory Flexibility Act of Governments, because it does not have and people during annual events taking 1980, 5 U.S.C. 601–612, as amended, a substantial direct effect on one or place on or near navigable waters in requires federal agencies to consider the more Indian tribes, on the relationship Sector Ohio Valley. Although this potential impact of regulations on small between the Federal Government and proposed rule would be in effect year- entities during rulemaking. The term Indian tribes, or on the distribution of round, the specific safety zones listed in ‘‘small entities’’ comprises small power and responsibilities between the Table 1 of 33 CFR 165.801 would only businesses, not-for-profit organizations Federal Government and Indian tribes. be enforced during a specified period of that are independently owned and If you believe this proposed rule has time coinciding with the happening of operated and are not dominant in their implications for federalism or Indian the annual events listed. In accordance fields, and governmental jurisdictions tribes, please contact the person listed with the regulations listed in 33 CFR with populations of less than 50,000. in the FOR FURTHER INFORMATION 165.801(a)–(d), entry into these safety The Coast Guard certifies under 5 U.S.C. CONTACT section above. zones is prohibited unless authorized by 605(b) that this proposed rule will not E. Unfunded Mandates Reform Act the COTP or a designated have a significant economic impact on representative. The regulatory text of the a substantial number of small entities. The Unfunded Mandates Reform Act updated Table 1 of § 165.801 we are Under section 213(a) of the Small of 1995 (2 U.S.C. 1531–1538) requires proposing appears at the end of this Business Regulatory Enforcement Federal agencies to assess the effects of document. Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In IV. Regulatory Analyses we want to assist small entities in particular, the Act addresses actions understanding this proposed rule. If the that may result in the expenditure by a We developed this proposed rule after proposed rule would affect your small State, local, or tribal government, in the considering numerous statutes and business, organization, or governmental Executive orders related to rulemaking. aggregate, or by the private sector of jurisdiction and you have questions $100,000,000 (adjusted for inflation) or Below we summarize our analyses concerning its provisions or options for based on a number of these statutes and more in any one year. Though this compliance, please contact the person proposed rule would not result in such Executive orders and we discuss First listed in the FOR FURTHER INFORMATION Amendment rights of protestors. an expenditure, we do discuss the CONTACT section. The Coast Guard will effects of this rule elsewhere in this A. Regulatory Planning and Review not retaliate against small entities that preamble. question or complain about this Executive Orders 12866 and 13563 proposed rule or any policy or action of F. Environment direct agencies to assess the costs and the Coast Guard. benefits of available regulatory We have analyzed this proposed rule alternatives and, if regulation is C. Collection of Information under Department of Homeland necessary, to select regulatory This proposed rule would not call for Security Management Directive 023–01 approaches that maximize net benefits. a new collection of information under and Commandant Instruction Executive Order 13771 directs agencies the Paperwork Reduction Act of 1995 M16475.lD, which guide the Coast to control regulatory costs through a (44 U.S.C. 3501–3520.). Guard in complying with the National budgeting process. This NPRM has not Environmental Policy Act of 1969 been designated a ‘‘significant D. Federalism and Indian Tribal (NEPA) (42 U.S.C. 4321–4370f), and regulatory action,’’ under Executive Governments have made a preliminary determination Order 12866. Accordingly, the NPRM A rule has implications for federalism that this action is one of a category of has not been reviewed by the Office of under Executive Order 13132, actions that do not individually or Management and Budget (OMB), and Federalism, if it has a substantial direct cumulatively have a significant effect on pursuant to OMB guidance it is exempt effect on the States, on the relationship the human environment. Normally such from the requirements of Executive between the national government and actions are categorically excluded from Order 13771. the States, or on the distribution of further review under paragraph L60(a) This regulatory action determination power and responsibilities among the of Appendix A, Table 1 of DHS is based on the size, location, and various levels of government. We have Instruction Manual 023–01–001–01, duration of the safety zones. These analyzed this proposed rule under that Rev. 01. A preliminary Record of safety zones are limited in size and Order and have determined that it is Environmental Consideration duration, and are usually positioned consistent with the fundamental supporting this determination is away from high vessel traffic zones. federalism principles and preemption available in the docket where indicated Moreover, the Coast Guard would issue requirements described in Executive under ADDRESSES. We seek any a Broadcast Notice to Mariners via Order 13132. comments or information that may lead VHF–FM marine channel 16 about the Also, this proposed rule does not have to the discovery of a significant zones, and the rule would allow vessels tribal implications under Executive environmental impact from this to seek permission to enter the zones. Order 13175, Consultation and proposed rule.

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G. Protest Activities We encourage you to submit List of Subjects in 33 CFR Part 165 comments through the Federal Harbors, Marine safety, Navigation The Coast Guard respects the First eRulemaking Portal at http:// (water), Reporting and recordkeeping Amendment rights of protesters. www.regulations.gov. If your material Protesters are asked to contact the cannot be submitted using http:// requirements, Security measures, person listed in the FOR FURTHER www.regulations.gov, contact the person Waterways. INFORMATION CONTACT section to in the FOR FURTHER INFORMATION For the reasons discussed in the coordinate protest activities so that your CONTACT section of this document for preamble, the U.S. Coast Guard message can be received without alternate instructions. proposes to amend 33 CFR part 165 as jeopardizing the safety or security of We accept anonymous comments. All follows: people, places, or vessels. comments received will be posted without change to http:// PART 165—REGULATED NAVIGATION V. Public Participation and Request for www.regulations.gov and will include AREAS AND LIMITED ACCESS AREAS Comments any personal information you have provided. For more about privacy and ■ 1. The authority citation for part 165 We view public participation as the docket, visit http:// continues to read as follows: essential to effective rulemaking, and www.regulations.gov/privacyNotice. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; will consider all comments and material Documents mentioned in this NPRM 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; received during the comment period. as being available in the docket, and all Department of Homeland Security Delegation Your comment can help shape the public comments, will be in our online No. 0170.1. outcome of this rulemaking. If you docket at http://www.regulations.gov ■ submit a comment, please include the 2. In § 165.801, revise Table 1 to read and can be viewed by following that as follows: docket number for this rulemaking, website’s instructions. Additionally, if indicate the specific section of this you go to the online docket and sign up § 165.801 Annual fireworks displays and document to which each comment for email alerts, you will be notified other events in the Eighth Coast Guard applies, and provide a reason for each when comments are posted or a final District requiring safety zones. suggestion or recommendation. rule is published. * * * * * TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES

Sector Ohio Valley Date Sponsor/name location Safety zone

1. Multiple days—April through November ..... Pittsburgh Pirates/Pittsburgh Pirates Fire- Pittsburgh, PA...... Allegheny River, Mile 0.2–0.9 (Pennsyl- works. vania). 2. Multiple days—April through November ..... Cincinnati Reds/Cincinnati Reds Season Cincinnati, OH ...... Ohio River, Mile 470.1–470.4; extending 500 Fireworks. ft. from the State of Ohio shoreline (Ohio). 3. 2 days—Third Friday and Saturday in April Thunder Over Louisville/Thunder Over Louis- Louisville, KY ...... Ohio River, Mile 601.0–607.0 (Kentucky). ville. 4. Last Sunday in May ...... Friends of Ironton ...... Ironton, OH ...... Ohio River, Mile 326.7–327.7 (Ohio). 5. 1 day—A Saturday in July ...... Paducah Parks and Recreation Department/ Paducah, KY ...... Ohio River, Mile 934.0–936.0 (Kentucky). Cross River Swim. 6. 1 day—First or second weekend in June .. Bellaire All-American Days ...... Bellaire, OH ...... Ohio River, Mile 93.5–94.5 (Ohio). 7. 2 days—Second weekend of June ...... Rice’s Landing Riverfest ...... Rices Landing, PA ..... Monongahela River, Mile 68.0–68.8 (Penn- sylvania). 8. 1 day—One weekend in June ...... West Virginia Symphony Orchestra/Sym- Charleston, WV ...... Kanawha River, Mile 59.5–60.5 (West Vir- phony Sunday. ginia). 9. 1 day—Saturday before 4th of July ...... Riverfest/Riverfest Inc ...... Nitro, WV ...... Kanawha River, Mile 43.1–44.2 (West Vir- ginia). 10. 1 day—First week or weekend in July ..... Greenup City ...... Greenup, KY ...... Ohio River, Mile 335.2–336.2 (Kentucky). 11. 1 day—First week or weekend in July ..... Middleport Community Association ...... Middleport, OH ...... Ohio River, Mile 251.5–252.5 (Ohio). 12. 1 day—First week or weekend in July ..... People for the Point Party in the Park ...... South Point, OH ...... Ohio River, Mile 317–318 (Ohio). 13. 1 day—Last weekend in June or first Riverview Park Independence Festival ...... Louisville, KY ...... Ohio River, Mile 617.5–620.5 (Kentucky). weekend in July. 14. 1 day—Third or fourth week in July ...... Upper Ohio Valley Italian Heritage Festival/ Wheeling, WV ...... Ohio River, Mile 90.0–90.5 (West Virginia). Upper Ohio Valley Italian Heritage Festival Fireworks. 15. 1 day—4th or 5th of July ...... City of Cape Girardeau July 4th Fireworks Cape Girardeau, MO Upper Mississippi River, Mile 50.0–52.0. Show on the River. 16. 1 day—Third or fourth of July ...... Harrah’s Casino/Metropolis Fireworks ...... Metropolis, IL ...... Ohio River, Mile 942.0–945.0 (Illinois). 17. 1 day—During the first week of July ...... Louisville Bats Baseball Club/Louisville Bats Louisville, KY ...... Ohio River, Mile 602.0–605.0 (Kentucky). Firework Show. 18. 1 day—During the first week of July ...... Waterfront Independence Festival/Louisville Louisville, KY ...... Ohio River, Mile 602.0–605.0 (Kentucky). Orchestra Waterfront 4th. 19. 1 day—During the first week of July ...... Celebration of the American Spirit Fireworks/ Owensboro, KY ...... Ohio River, Mile 754.0–760.0 (Kentucky). All American 4th of July. 20. 1 day—During the first week of July ...... Riverfront Independence Festival Fireworks .. New Albany, IN ...... Ohio River, Mile 606.5–609.6 (Indiana). 21. 1 day—July 4th ...... Shoals Radio Group/Spirit of Freedom Fire- Florence, AL ...... Tennessee River, Mile 254.5–257.4 (Ala- works. bama). 22. 1 day—Saturday before July 4th ...... Town of Cumberland City/Lighting up the Cumberland City, TN Cumberland River, Mile 103.0–105.5 (Ten- Cumberlands. nessee). 23. 1 day—July 4th ...... City of Knoxville/Knoxville Festival on the 4th Knoxville, TN ...... Tennessee River, Mile 646.3–648.7 (Ten- nessee). 24. 1 day—July 4th ...... Nashville NCVC/Independence Celebration .. Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Ten- nessee). 25. 1 day—Saturday before July 4th, or Sat- Grand Harbor Marina/Grand Harbor Marina Counce, TN...... Tennessee-Tombigbee Waterway, Mile urday after July 4th. July 4th Celebration. 448.5–451.0 (Tennessee). 26. 1 day—One of the first two weekends in City of Bellevue, KY/Bellevue Beach Park Bellevue, KY ...... Ohio River, Mile 468.2–469.2 (Kentucky and July. Concert Fireworks. Ohio).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Ohio Valley Date Sponsor/name location Safety zone

27. 2 days—Sunday before Labor Day and Cincinnati Bell, WEBN, and Proctor and Cincinnati, OH ...... Ohio River, Mile 469.2–470.5 (Kentucky and Labor Day. Gamble/Riverfest. Ohio) and Licking River Mile 0.0–3.0 (Ken- tucky). 28. 1 day—July 4th ...... Summer Motions Inc./Summer Motion ...... Ashland, KY ...... Ohio River, Mile 322.1–323.1 (Kentucky). 29. 1 day—Last weekend in June or First City of Point Pleasant/Point Pleasant Point Pleasant, WV.... Ohio River, Mile 265.2–266.2, Kanawha weekend in July. Sternwheel Fireworks. River Mile 0.0–0.5 (West Virginia). 30. 1 day—First week or weekend in July ..... City of Charleston/City of Charleston Inde- Charleston, WV ...... Kanawha River, Mile 58.1–59.1 (West Vir- pendence Day Celebration. ginia). 31. 1 day—First week or weekend in July ..... Portsmouth River Days ...... Portsmouth, OH ...... Ohio River, Mile 355.5–356.5 (Ohio). 32. 1 day—Second Saturday in August ...... Guyasuta Days Festival/Borough of Sharps- Pittsburgh, PA ...... Allegheny River, Mile 005.5–006.0 (Pennsyl- burg. vania). 33. 1 day—Second or third week of August .. Pittsburgh Foundation/Bob O’Connor Cookie Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5 (Pennsylvania). Cruise. 34. 1 day—Second full week of August ...... PA FOB Fireworks Display ...... Pittsburgh, PA ...... Allegheny River, Mile 0.8–1.0 (Pennsyl- vania). 35. 1 day—Third week of August ...... Beaver River Regatta Fireworks ...... Beaver, PA ...... Ohio River, Mile 25.2–25.8 (Pennsylvania). 36. 1 day—December 31 ...... Pittsburgh Cultural Trust/Highmark First Pittsburgh, PA...... Allegheny River Mile, 0.5–1.0 (Pennsyl- Night Pittsburgh. vania). 37. 1 day—Friday before Thanksgiving ...... Pittsburgh Downtown Partnership/Light Up Pittsburgh, PA...... Allegheny River, Mile 0.0–1.0 (Pennsyl- Night. vania). 38. Multiple days—April through November ... Pittsburgh Riverhounds/Riverhounds Fire- Pittsburgh, PA ...... Monongahela River, Mile 0.22–0.77 (Penn- works. sylvania). 39. 3 days—One of the last three weekends Hadi Shrine/Evansville Freedom Festival Air Evansville, IN ...... Ohio River, Miles 790.0–796.0 (Indiana). in June. Show. 40. 1 day—Second or third Saturday in June, Friends of the Festival, Inc./Riverbend Fes- Chattanooga, TN ...... Tennessee River, Mile 462.7–465.2 (Ten- the last day of the Riverbend Festival. tival Fireworks. nessee). 41. 2 days—Second Friday and Saturday in City of Newport, KY/Italianfest ...... Newport, KY ...... Ohio River, Miles 468.6–471.0 (Kentucky June. and Ohio). 42. 1 day—Last weekend in June or first City of Aurora/Aurora Firecracker Festival ..... Aurora, IN ...... Ohio River Mile, 496.7; 1400 ft. radius from weekend in July. the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 43. 1 day—second weekend in June ...... City of St. Albans/St. Albans Town Fair ...... St. Albans, WV ...... Kanawha River, Mile 46.3–47.3 (West Vir- ginia). 44. 1 day—Last week of June or first week of PUSH Beaver County/Beaver County Boom Beaver, PA ...... Ohio River, Mile 25.2–25.6 (Pennsylvania). July. 45. 1 day—4th of July (Rain date—July 5th) Monongahela Area Chamber of Commerce/ Monongahela, PA...... Monongahela River, Mile 032.0–033.0 Monongahela 4th of July Celebration. (Pennsylvania). 46. 1 day—Saturday Third or Fourth full Oakmont Yacht Club/Oakmont Yacht Club Oakmont, PA ...... Allegheny River, Mile 12.0–12.5 (Pennsyl- week of July (Rain date—following Sun- Fireworks. vania). day). 47. 1 day—Week of July 4th ...... EQT 4th of July Celebration ...... Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 48. 1 day—3rd or 4th of July ...... City of Paducah, KY ...... Paducah, KY ...... Ohio River, Mile 934.0–936.0; Tennessee River, mile 0.0–1.0 (Kentucky). 49. 1 day—3rd or 4th of July ...... City of Hickman, KY ...... Hickman, KY ...... Lower Mississippi River, Mile 921.0–923.0 (Kentucky). 50. 1 day—Last weekend in June or first Evansville Freedom Celebration/4th of July Evansville, IN ...... Ohio River, Miles 790.0–796.0 (Indiana). week in July. Fireworks. 51. 1 day—One of the first two weekends in Madison Regatta, Inc./Madison Regatta ...... Madison, IN ...... Ohio River, Miles 554.0–561.0 (Indiana). July. 52. 1 day—July 4th ...... Cities of Cincinnati, OH and Newport, KY/ Newport, KY...... Ohio River, Miles 469.6–470.2 (Kentucky July 4th Fireworks. and Ohio). 53. 2 days—One weekend in July ...... Marietta Riverfront Roar Fireworks ...... Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 54. 1 day—First week or weekend in July ..... Gallia County Chamber of Commerce/Gallip- Gallipolis, OH ...... Ohio River, Mile 269.5–270.5 (Ohio). olis River Recreation Festival. 55. 1 day—First week or weekend in July ..... Kindred Communications/Dawg Dazzle ...... Huntington, WV ...... Ohio River, Mile 307.8–308.8 (West Virginia). 56. Multiple days—September through Janu- University of Pittsburgh Athletic Department/ Pittsburgh, PA ...... Ohio River mile 0.0–0.1, Monongahela River ary. University of Pittsburgh Fireworks. mile 0.0–0.1, Allegheny River mile 0.0– 0.25 (Pennsylvania). 57. Sunday, Monday, or Thursday from Au- Pittsburgh Steelers Fireworks ...... Pittsburgh, PA ...... Allegheny River mile 0.0–0.25, Ohio River gust through February. mile 0.0–0.1, Monongahela River mile 0.0– 0.1. 58. 3 days—Third week in September ...... Wheeling Heritage Port Sternwheel Festival Wheeling, WV ...... Ohio River, Mile 90.2–90.7 (West Virginia). Foundation/Wheeling Heritage Port Sternwheel Festival. 59. 1 day—One weekend in September ...... Ohio River Sternwheel Festival Committee Marietta, OH ...... Ohio River, Mile 171.5–172.5 (Ohio). fireworks. 60. 1 day—Second weekend of October ...... Leukemia and Lymphoma Society/Light the Nashville, TN ...... Cumberland River, Mile 189.7–192.1 (Ten- Night Walk Fireworks. nessee). 61. 1 day—One weekend in October ...... West Virginia Motor Car Festival ...... Charleston, WV ...... Kanawha River, Mile 58–59 (West Virginia). 62. 1 day—Friday before Thanksgiving ...... Kittanning Light Up Night Firework Display ... Kittanning, PA ...... Allegheny River, Mile 44.5–45.5 (Pennsyl- vania). 63. 1 day—First week in October ...... Leukemia & Lymphoma Society/Light the Pittsburgh, PA ...... Ohio River, Mile 0.0–0.4 (Pennsylvania). Night. 64. 1 day—Friday before Thanksgiving ...... Duquesne Light/Santa Spectacular ...... Pittsburgh, PA ...... Monongahela River, Mile 0.00–0.22, Alle- gheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania).

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Ohio Valley Date Sponsor/name location Safety zone

65. 1 day—During the first two weeks of July City of Maysville Fireworks ...... Maysville, KY ...... Ohio River, Mile 408–409 (Kentucky). 66. 1 day—Saturday before Memorial Day .... Venture Outdoors/Venture Outdoors Festival Pittsburgh, PA ...... Allegheny River, Mile 0.0–0.25; Monongahela River, Mile 0.0–0.25 (Penn- sylvania). 67. 1 day—Third Saturday in July ...... Pittsburgh Irish Rowing Club/St. Brendan’s Pittsburgh, PA ...... Ohio River, Mile 7.0–9.0 (Pennsylvania). Cup Currach Regatta. 68. 1 day—July 4th ...... Wellsburg 4th of July Committee/Wellsburg Wellsburg, WV ...... Ohio River, Mile 73.5–74.5 (West Virginia). 4th of July Freedom Celebration. 69. 1 day—Last week in June or first week of Newburgh Fireworks Display ...... Newburgh, IN ...... Ohio River, Mile 777.3–778.3 (Indiana). July. 70. 3 days—Third or Fourth weekend in April Henderson Tri-Fest/Henderson Breakfast Henderson, KY ...... Ohio River, Mile 802.5–805.5 (Kentucky). Lions Club. 71. 1 day—Third week of November ...... Gallipolis in Lights ...... Gallipolis, OH ...... Ohio River, Mile 269.2–270 (Ohio). 72. 1 day—One weekend in September ...... Tribute to the River ...... Point Pleasant, WV .... Ohio River, Mile 264.6–265.6 (West Virginia). 73. 1 day—Labor Day or first week of Sep- Labor Day Fireworks Show...... Marmet, WV...... Kanawha River, Mile 67.5–68 (West Vir- tember. ginia). 74. 1 day—One weekend in August ...... Ravenswood River Festival ...... Ravenswood, WV ...... Ohio River, Mile 220–221 (West Virginia). 75. 1 day—First weekend or week in July ..... Queen’s Landing Fireworks ...... Greenup, KY ...... Ohio River, Mile 339.3–340.3 (West Virginia). 76. 1 day—First weekend in June ...... Cumberland River Compact/Nashville Splash Nashville, TN ...... Cumberland River, Mile 189.7–192.1 (Ten- Bash. nessee). 77. 1 day—Second weekend in September ... Nashville Symphony/Concert Fireworks ...... Nashville, TN ...... Cumberland River, Mile 190.1–192.3 (Ten- nessee). 78. 1 day—Second or third weekend in Octo- Outdoor Chattanooga/Swim the Suck ...... Chattanooga, TN ...... Tennessee River, Mile 452.0–454.5 (Ten- ber. nessee). 79. 1 day—Friday or Saturday after Thanks- Friends of the Festival/Cheer at the Pier ...... Chattanooga, TN ...... Tennessee River, Mile 462.7–465.2 (Ten- giving. nessee). 80. 1 day—July 3rd ...... Chattanooga Presents/Pops on the River ..... Chattanooga, TN ...... Tennessee River, Mile 462.7–465.2 (Ten- nessee). 81. 7 days—Scheduled home games ...... University of Tennessee/UT Football Fire- Knoxville, TN...... Tennessee River, Mile 645.6–648.3 (Ten- works. nessee). 82. 1 day—July 3rd ...... Randy Boyd/Independence Celebration Fire- Knoxville, TN...... Tennessee River, Mile 625.0–628.0 (Ten- works Display. nessee). 83. 1 day—Second weekend in September ... City of Clarksville/Clarksville Riverfest ...... Clarksville, TN ...... Cumberland River, Mile 124.5–127.0 (Ten- nessee). 84. 1 day—Fourth weekend in October ...... Chattajack ...... Chattanooga, TN ...... Tennessee River, Mile 462.7–465.5 (Ten- nessee). 85. 1 day—First week in May ...... Belterra Park Gaming Fireworks ...... Cincinnati, OH ...... Ohio River, Mile 460.0–462.0 (Ohio). 86. 1 day—First week of July ...... Cincinnati Symphony Orchestra ...... Cincinnati, OH ...... Ohio River, Mile 460.0–462.0 (Ohio). 87. 1 day—First week in August ...... Gliers Goetta Fest LLC ...... Newport, KY ...... Ohio River, Mile 469.0–471.0. 88. 1 day—last 2 weekends in August/first Wheeling Dragon Boat Race ...... Wheeling, WV ...... Ohio River mile 90.4–91.5 (West Virginia). week of September. 89. 1 day—week of July 4th ...... Wheeling Symphony fireworks ...... Wheeling, WV ...... Ohio River mile 90–92 (West Virginia). 90. 1 day—week of July 4th ...... Chester Fireworks ...... Chester, WV ...... Ohio River mile 42.0–44.0 (West Virginia). 91. 1 day—First week of August ...... Kittaning Folk Festival ...... Kittanning, PA ...... Allegheny River mile 44.0–46.0 (Pennsyl- vania). 92. 2 days—One weekend in August ...... Powerboat Nationals—Parkersburg Regatta/ Parkersburg, WV ...... Ohio River mile 183.5–185.5 (West Virginia). Parkersburg Homecoming Festival. 93. 1 day—One weekend in August ...... Parkersburg Homecoming Festival—Fire- Parkersburg, WV ...... Ohio River mile 183.5–185.5 (West Virginia). works.

* * * * * ENVIRONMENTAL PROTECTION Protection Agency (OEPA) submitted its Dated: March 27, 2018. AGENCY HMIWI withdrawal on January 24, 2018, certifying that there is only one HMIWI M.B. Zamperini, 40 CFR Part 62 unit currently operating in the state of Captain, U.S. Coast Guard, Captain of the Ohio and requesting that the Federal Port Sector Ohio Valley. [EPA–R05–OAR–2018–0113; FRL–9976–13- Region 5] Plan apply to the single source in the [FR Doc. 2018–06739 Filed 4–2–18; 8:45 am] State. BILLING CODE 9110–04–P Air Plan Approval; Ohio; Hospital/ DATES: Comments must be received on Medical/Infectious Waste Incinerator or before May 3, 2018. Withdrawal for Designated Facilities ADDRESSES: and Pollutants Submit your comments, identified by Docket ID No. EPA–R05– AGENCY: Environmental Protection OAR–2018–0113, at http:// Agency (EPA). www.regulations.gov or via email to ACTION: Proposed rule. [email protected]. For comments submitted at Regulations.gov, follow the SUMMARY: The Environmental Protection online instructions for submitting Agency (EPA) is proposing to approve comments. Once submitted, comments Ohio’s request for withdrawal of the cannot be edited or removed from previously approved Hospital/Medical/ Regulations.gov. For either manner of Infectious Waste Incinerator (HMIWI) submission, EPA may publish any State Plan. The Ohio Environmental comment received to its public docket.

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Do not submit electronically any of state plans for subject facilities under implementing and enforcing the Federal information you consider to be sections 111(d) and 129 (111(d)/129 Plan through its Title V permitting Confidential Business Information (CBI) plan). 40 CFR part 62, subpart A process. This action should not be or other information whose disclosure is provides the procedural framework for construed as an approval of a State Plan restricted by statute. Multimedia the submission of the plans. or delegation of the Federal Plan and submissions (audio, video, etc.) must be EPA promulgated new source that Ohio’s Section 111(d)/129 accompanied by a written comment. performance standards and EGs for obligations are separate from Ohio’s The written comment is considered the HMIWIs on September 15, 1997 (62 FR obligations under Title V of the Act. official comment and should include 48382), and amended them most Ohio understands and accepts this discussion of all points you wish to recently on October 6, 2009 (74 FR limitation. make. EPA will generally not consider 51367) and April 4, 2011 (76 FR 18407). II. Proposed EPA Action comments or comment contents located The standards and EGs are codified at outside of the primary submission (i.e. 40 CFR part 60, subparts Ce and Ec, EPA is proposing to approve Ohio’s on the web, cloud, or other file sharing respectively. request for withdrawal of a previously system). For additional submission States were required to revise plans approved State Plan and amending 40 methods, please contact the person for existing HMIWIs, pursuant to CFR part 62 to reflect OEPA’s identified in the ‘‘For Further sections 111(d) and 129 of the Act and withdrawal. OEPA submitted its HMIWI Information Contact’’ section. For the 40 CFR part 60, subpart B. OEPA withdrawal on January 21, 2018 full EPA public comment policy, submitted a HMIWI State Plan on certifying that there is only one HMIWI information about CBI or multimedia October 18, 2005. EPA approved the unit, as defined under 40 CFR 60.31e, submissions, and general guidance on State Plan under 40 CFR 62.8880, and currently operating in the state of Ohio making effective comments, please visit the State Plan became effective on and requested that the Federal Plan http://www2.epa.gov/dockets/ August 6, 2007 (72 FR 36605). On May apply to the single source in the State. commenting-epa-dockets. 13, 2013, EPA finalized the Federal Plan EPA understands that the extensive under 40 CFR part 62, subpart HHH (78 FOR FURTHER INFORMATION CONTACT: amendments that would be required by FR 28052). OEPA to revise Ohio’s previously Margaret Sieffert, Environmental A HMIWI unit as defined in 40 CFR Engineer, Environmental Protection approved State Plan to make it 60.31e, means any device that combusts consistent with the revisions would be Agency, Region 5, 77 West Jackson any amount of hospital waste and/or Boulevard (AT–18J), Chicago, Illinois disproportionate to the single affected medical/infectious waste. The source in Ohio, and is proposing to 60604, (312) 353–1151, designated facilities to which the [email protected]. approve the withdrawal and have the original EG’s applied were existing Federal Plan apply to the known SUPPLEMENTARY INFORMATION: HMIWI units that: (1) For which affected source. Throughout this document whenever construction was commenced on or ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean before June 20, 1996, or for which III. Statutory and Executive Order EPA. This supplementary information modification was commenced on or Reviews section is arranged as follows: before March 16, 1998; or (2) For which General Requirements I. Background construction was commenced after June II. Proposed EPA Action 20, 1996, but no later than December 1, This action is not a ‘‘significant III. Statutory and Executive Order Reviews 2008, or for which modification is regulatory action’’ under the terms of commenced after March 16, 1998, but Executive Order 12866 (58 FR 51735, I. Background no later than April 6, 2010. October 4, 1993) and therefore is not Section 111(d) of the Clean Air Act On January 21, 2018, OEPA submitted subject to review by the Office of (Act) requires that EPA develop its HMIWI withdrawal, in which it Management and Budget under regulations providing that states must certifies that there is only one HMIWI Executive Orders 12866 and 13563 (76 submit to EPA plans establishing unit currently operating in Ohio. On FR 3821, January 21, 2011). For this standards of performance for certain January 18, 2013, OEPA confirmed that reason, this action is also not subject to existing sources of pollutants. A two of the four HMIWI units had shut Executive Order 13211, ‘‘Actions standard of performance would apply to down. Since that time an additional Concerning Regulations That the existing source if it were an existing HMIWI unit has shut down. The only Significantly Affect Energy Supply, source, and if the pollutants are remaining HMIWI unit is at Stericycle, Distribution, or Use’’ (66 FR 28355, May noncriteria pollutants (i.e., pollutants Inc, located in Warren, OH. Because 22, 2001). This action is not an for which there is no national ambient there is only one source, OEPA is Executive Order 13771 (82 FR 9339, air quality standard) and are not on a requesting that the previously approved February 2, 2017) regulatory action list published under section 108 of the State Plan be withdrawn and that the because this action is not significant Act or emitted from a source category Federal Plan apply to the source. under E.O. 12866. This action merely regulated under section 112 of the Act. Although Section 111(d) requires approves state law as meeting Federal Section 129 of the Act, and 40 CFR part States to submit State Plans, EPA requirements and merely notifies the 60, subpart B, apply the section 111(d) understands that the extensive public of EPA’ approval for a requirements to existing solid waste amendments that would be required by withdrawal of a previously approved combustors, including HMIWIs, and OEPA to revise Ohio’s previously HMIWI State Plan. This action imposes provide that EPA should include, as approved State Plan to make it no requirements beyond those imposed part of the performance standards, consistent with the revisions would be by the state. Accordingly, the emissions guidelines (EGs) that include disproportionate to the single affected Administrator certifies that this the plan elements required by section source in Ohio. EPA’s Federal Plan proposed rule will not have a significant 129. implementing the EG’s would apply to economic impact on a substantial The regulation at 40 CFR part 60, the remaining source in Ohio (as well as number of small entities under the subpart B contains general provisions to any existing affected sources if found Regulatory Flexibility Act (5 U.S.C. 601 applicable to the adoption and submittal at a later date). Ohio would be et seq.). Because this rulemaking

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approves pre-existing requirements List of Subjects in 40 CFR Part 62 • Mail: Submit all written comments under state law and does not impose Environmental protection, to Frank Helies, NMFS Southeast any additional enforceable duty beyond Administrative practice and procedure, Regional Office, 263 13th Avenue that required by state law, it does not South, St. Petersburg, FL 33701. Air pollution control, Hospital/medical/ • contain any unfunded mandate or infectious waste incinerators, Instructions: Comments sent by any significantly or uniquely affect small Intergovernmental relations, Reporting other method, to any other address or governments, as described in the and recordkeeping requirements. individual, or received after the end of Unfunded Mandates Reform Act of 1995 the comment period, may not be Dated: March 20, 2018. (Pub. L. 104–4). This proposed rule is considered by NMFS. All comments not approved to apply on any Indian Edward H. Chu, received are a part of the public record reservation land or in any other area Acting Regional Administrator, Region 5. and will generally be posted for public where EPA or an Indian tribe has [FR Doc. 2018–06748 Filed 4–2–18; 8:45 am] viewing on www.regulations.gov demonstrated that a tribe has BILLING CODE 6560–50–P without change. All personal identifying jurisdiction. In those areas of Indian information (e.g., name, address), confidential business information, or country, the rulemaking does not have otherwise sensitive information tribal implications and will not impose DEPARTMENT OF COMMERCE submitted voluntarily by the sender will substantial direct costs on tribal be publicly accessible. NMFS will governments or preempt tribal law as National Oceanic and Atmospheric Administration accept anonymous comments (enter specified by Executive Order 13175 (65 ‘‘N/A’’ in required fields if you wish to FR 67249, November 9, 2000). This 50 CFR Part 622 remain anonymous). action also does not have Federalism Electronic copies of Abbreviated implications because it does not have [Docket No. 171222999–8208–01] Framework 1, which includes an substantial direct effects on the States, environmental assessment, Regulatory on the relationship between the national RIN 0648–BH46 Flexibility Act (RFA) analysis, and a government and the States, or on the Fisheries of the Caribbean, Gulf of regulatory impact review, may be distribution of power and Mexico, and South Atlantic; Snapper- obtained from www.regulations.gov or responsibilities among the various Grouper Fishery of the South Atlantic the Southeast Regional Office website at levels of government, as specified in http://sero.nmfs.noaa.gov/sustainable_ Region; Abbreviated Framework _ _ _ Executive Order 13132 (64 FR 43255, Amendment 1 fisheries/s atl/sg/2017/red grouper August 10, 1999). This action merely framework/index.html. approves a withdrawal, and does not AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: alter the relationship or the distribution Service (NMFS), National Oceanic and Frank Helies, NMFS SERO, telephone: of power and responsibilities Atmospheric Administration (NOAA), 727–824–5305, email: Frank.Helies@ established in the Act. This rulemaking Commerce. noaa.gov. also is not subject to Executive Order ACTION: Proposed rule; request for SUPPLEMENTARY INFORMATION: The 13045 (62 FR 19885, April 23, 1997), comments. snapper-grouper fishery in the South because it approves a withdrawal. SUMMARY: NMFS proposes to implement Atlantic region is managed under the In reviewing section 111(d)/129 plan management measures described in FMP and includes red grouper, along submissions, EPA’s role is to approve Abbreviated Framework Amendment 1 with other snapper-grouper species. The State choices, provided that they meet (Abbreviated Framework 1) to the FMP was prepared by the Council and the criteria of the Act. With regard to Fishery Management Plan (FMP) for the is implemented by NMFS through withdrawals for designated facilities Snapper-Grouper Fishery of the South regulations at 50 CFR part 622 under the received by EPA from states, EPA’s role Atlantic Region, as prepared and authority of the Magnuson-Stevens is to notify the public of the approval of submitted by the South Atlantic Fishery Fishery Conservation and Management the State’s withdrawal and revise 40 Management Council (Council). If Act (Magnuson-Stevens Act). All CFR part 62 accordingly. In this context, implemented, this proposed rule would weights described in this proposed rule in the absence of a prior existing reduce the commercial and recreational are in round weight. requirement for the State to use annual catch limits (ACLs) for red Background voluntary consensus standards (VCS), grouper in the exclusive economic zone The Magnuson-Stevens Act requires EPA has no authority to disapprove a (EEZ) of the South Atlantic. The NMFS and regional fishery management section 111(d)/129 withdrawal for purpose of the proposed rule is to councils to prevent overfishing and address the overfishing of red grouper. failure to use VCS. It would thus be achieve, on a continuing basis, the inconsistent with applicable law for DATES: Written comments must be optimum yield from federally managed EPA, when it reviews a section 111(d)/ received by May 3, 2018. fish stocks to ensure that fishery 129 withdrawal, to use VCS in place of ADDRESSES: You may submit comments resources are managed for the greatest a section 111(d)/129 withdrawal on the proposed rule, identified by overall benefit to the nation. submission that otherwise satisfies the ‘‘NOAA–NMFS–2017–0162’’ by any of In 2010, NMFS determined that the provisions of the Act. Thus, the the following methods: South Atlantic red grouper stock was requirements of section 12(d) of the • Electronic Submission: Submit all undergoing overfishing and was National Technology Transfer and electronic comments via the Federal overfished following a stock assessment Advancement Act of 1995 (15 U.S.C. Rulemaking Portal. Go to (Southeast Data, Assessment, and 272 note) do not apply. This rulemaking www.regulations.gov/ Review (SEDAR) 19). Through does not impose an information #!docketDetail;D=NOAA-NMFS-2017- Amendment 24 to the FMP, the Council collection burden under the provisions 0162, click the ‘‘Comment Now!’’ icon, and NMFS implemented a 10-year of the Paperwork Reduction Act of 1995 complete the required fields, and enter rebuilding plan in 2011, with a (44 U.S.C. 3501 et seq.). or attach your comments. projected end date of 2020, which was

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expected to end overfishing and rebuild subsequent fishing years. The total ACL compliance requirements are introduced the stock (77 FR 34254; June 11, 2012). would be set at 139,000 lb (63,049 kg) by this proposed rule. Accordingly, this In February 2017, a standard stock for 2018, 150,000 lb (68,039 kg) for proposed rule does not implicate the assessment for red grouper was 2019, and 162,000 lb (73,482 kg) for Paperwork Reduction Act. completed (SEDAR 53). Based on the 2020 and subsequent fishing years. The This proposed rule would reduce the results of SEDAR 53, NMFS notified the total ACLs are equal to the SSC’s ABC total, commercial, and recreational Council on September 27, 2017, that the recommendation, and this proposed ACLs for South Atlantic red grouper. red grouper stock is overfished, is rule does not change the sector Because the RFA does not apply to undergoing overfishing, and is not allocations. recreational anglers, only the effects on making adequate rebuilding progress As a result of the proposed ACLs commercial vessels were analyzed; any according to its rebuilding plan. Based being set lower than the overfishing impact to the profitability or on projections from SEDAR 53, the limit (at the yield at 75 percent FMSY), competitiveness of for-hire fishing Council’s Scientific and Statistical the Council expects overfishing of red businesses would be the result of Committee (SSC) provided an grouper may end immediately upon changes in for-hire angler demand and acceptable biological catch (ABC) implementation of the rule. For the last would, therefore, be indirect in nature. recommendation to the Council. The several years, commercial landings have The RFA does not consider indirect Council accepted that ABC averaged 50,204 lb (22,772 kg), which is impacts. recommendation, and then revised the less than the commercial ACL proposed This proposed rule would directly red grouper ACLs in Abbreviated in Abbreviated Framework 1. The affect only federally permitted Framework 1. recreational landings have been highly commercial snapper-grouper fishermen In addition to this current rulemaking variable since 2012, and using the fishing for red grouper in the South for Abbreviated Framework 1, the average recreational landings from Atlantic. As described in Abbreviated Council and NMFS are developing a 2014–2016, the proposed lower ACL for Framework 1, the revised commercial new red grouper rebuilding plan the recreational sector is predicted to ACLs would be 61,160 lb (27,742 kg) for through Amendment 42 to the FMP result in a shortened recreational fishing 2018, 66,000 lb (29,937 kg) for 2019, and (Amendment 42). The Council is also season, with closure dates ranging from 71,280 lb (32,332 kg) for 2020 and considering changes to red grouper July 26 to August 19. If the red grouper beyond. Commercial landings of South management measures through stock experiences a year of high Atlantic red grouper have been Regulatory Amendments 26 and 27 to recruitment, the proposed lower ACLs decreasing, particular in the last five the Snapper-Grouper FMP. NMFS and would constrain future recreational and years (2012–2016), with projected 2017 the Council intend to implement commercial harvest and prevent landings of approximately 35,000 lb Abbreviated Framework 1 to reduce the overfishing. (15,875 kg). If this trend continues or sector ACLs below the overfishing limit Classification levels off, the likelihood of reaching the to address overfishing while proposed commercial ACL in 2018 and Pursuant to section 304(b)(1)(A) of the Amendment 42, Regulatory Amendment beyond would be very low. In the Magnuson-Stevens Act, the Assistant 26, and Regulatory Amendment 27 are unlikely event that commercial landings developed and implemented. Administrator has determined that this increase in 2018 and beyond as to reach proposed rule is consistent with Management Measures Contained in the proposed commercial ACLs, the Abbreviated Framework 1, the FMP, the This Proposed Rule effects of the commercial ACL reduction Magnuson-Stevens Act, and other would be relatively small because only This proposed rule would revise the applicable law, subject to further approximately 2.7 percent of total ACLs for South Atlantic red grouper for consideration after public comment. both the commercial and recreational This proposed rule has been commercial snapper-grouper vessel sectors. The current total ACL determined to be not significant for revenues have historically been derived (commercial and recreational ACL purposes of Executive Order 12866. from red grouper. combined) is 780,000 lb (353,802 kg). This rule is not an Executive Order The information provided above The total ACL is divided into a 13771 regulatory action because this supports a determination that this commercial sector ACL of 343,200 lb rule is not significant under E.O. 12866. proposed rule would not have a (155,673 kg) and a recreational sector The Chief Counsel for Regulation of significant economic impact on a ACL of 436,800 lb (198,129 kg). The the Department of Commerce certified substantial number of small entities. ACLs are based on the sector allocation to the Chief Counsel for Advocacy of the Because this proposed rule, if ratio developed by the Council for red Small Business Administration (SBA) implemented, is not expected to have a grouper (44 percent commercial and 56 that this proposed rule, if adopted, significant economic impact on any percent recreational) established in would not have a significant economic small entities, an initial regulatory Amendment 24 (77 FR 34254; June 11, impact on a substantial number of small flexibility analysis is not required and 2012). entities. The factual basis for this none has been prepared. Consistent with the results of SEDAR determination is as follows: List of Subjects in 50 CFR Part 622 53 and the ABC recommendation from A description of the proposed rule, the SSC accepted by the Council, this why it is being considered, and the Commercial, Fisheries, Fishing, proposed rule would reduce the total, objectives of, and legal basis for this Overfishing, Recreational, Red grouper, commercial, and recreational ACLs. The proposed rule are contained at the South Atlantic. commercial ACL would be set at 61,160 beginning of this section in the Dated: March 28, 2018. lb (27,742 kg), for 2018, 66,000 lb preamble and in the SUMMARY section of Alan D. Risenhoover, (29,937 kg), for 2019, and 71,280 lb the preamble. The Magnuson-Stevens Acting Deputy Assistant Administrator for (32,332 kg), for 2020 and subsequent Act provides the statutory basis for this Regulatory Programs, National Marine fishing years. The recreational ACL rule. No duplicative, overlapping, or Fisheries Service. would be set at 77,840 lb (35,308 kg), for conflicting Federal rules have been For the reasons set out in the 2018, 84,000 lb (38,102 kg), for 2019, identified. In addition, no new preamble, 50 CFR part 622 is proposed and 90,720 lb (41,150 kg), for 2020 and reporting, record-keeping, or other to be amended as follows:

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PART 622—FISHERIES OF THE is necessary based on the best scientific Atmospheric Administration (NOAA), CARIBBEAN, GULF OF MEXICO, AND information available. On and after the Commerce. SOUTH ATLANTIC effective date of such a notification, the ACTION: Notice; correction. bag and possession limits for red ■ 1. The authority citation for part 622 grouper in or from the South Atlantic SUMMARY: This action corrects an error continues to read as follows: EEZ are zero. in the Advanced Notice of Proposed Authority: 5 U.S.C. 561 and 16 U.S.C. (ii) The recreational ACL for red Rulemaking that set a control date for 1801 et seq. grouper is 77,840 lb (35,308 kg), round the Northeast Multispecies charter/party ■ 2. In § 622.193, revise paragraph (d) to weight, for 2018; 84,000 lb (38,102 kg), fishery. This action is necessary because read as follows: round weight, for 2019; and 90,720 lb the document provided an incorrect (41,150 kg), round weight, for 2020 and internet address for submission of § 622.193 Annual catch limits (ACLs), subsequent fishing years. electronic comments. This action is annual catch targets (ACTs), and (iii) If recreational landings for red intended to provide the correct internet accountability measures (AMs). grouper, as estimated by the SRD, address to ensure the public can easily * * * * * exceed the recreational ACL, specified access the online rulemaking portal. (d) Red grouper—(1) Commercial in paragraph (d)(2)(i) of this section, ADDRESSES: You may submit comments sector. (i) If commercial landings for red then during the following fishing year on this document, identified by NOAA– grouper, as estimated by the SRD, reach recreational landings will be monitored NMFS–2018–0042 by any of the or are projected to reach the commercial for a persistence in increased landings, ACL, specified in paragraph (d)(1)(iii) of following methods: and if necessary, the AA will file a • Electronic Submission: Submit all this section, the AA will file a notification with the Office of the electronic public comments via the notification with the Office of the Federal Register to reduce the length of Federal e-Rulemaking Portal. Go to Federal Register to close the commercial the recreational fishing season and the sector for the remainder of the fishing www.regulations.gov/docket?D=NOAA– recreational ACL by the amount of the NMFS–2018–0042, click the ‘‘Comment year. On and after the effective date of recreational ACL overage, if the species such a notification, all sale or purchase Now!’’ icon, complete the required is overfished based on the most recent fields, and enter or attach your of red grouper is prohibited and harvest Status of U.S. Fisheries Report to or possession of red grouper in or from comments. Congress, and if the combined • Mail: Submit written comments to the South Atlantic EEZ is limited to the commercial and recreational ACL, Michael Pentony, Regional bag and possession limits. These bag specified in paragraph (d)(3) of this Administrator, National Marine and possession limits apply in the section, is exceeded during the same Fisheries Service, 55 Great Republic South Atlantic on board a vessel for fishing year. The AA will use the best Drive, Gloucester, MA 01930. Mark the which a valid Federal commercial or scientific information available to outside of the envelope, ‘‘Comments on charter vessel/headboat permit for determine if reducing the length of the Northeast Multispecies Charter/Party South Atlantic snapper-grouper has recreational season and recreational Control Date.’’ been issued, without regard to where ACL is necessary. When the recreational Instructions: Comments sent by any such species were harvested, i.e., in sector is closed as a result of NMFS other method, to any other address or state or Federal waters. reducing the length of the recreational individual, or received after the end of (ii) If the commercial landings for red fishing season and ACL, the bag and the comment period, may not be grouper, as estimated by the SRD, possession limits for red grouper in or considered by NMFS. All comments exceed the commercial ACL, specified from the South Atlantic EEZ are zero. in paragraph (d)(1)(iii) of this section, (3) The combined commercial and received are a part of the public record and the combined commercial and recreational ACL for red grouper is and will generally be posted for public recreational ACL, specified in paragraph 139,000 lb (63,049 kg), round weight, for viewing on www.regulations.gov (d)(3) of this section, is exceeded during 2018; 150,000 lb (68,039 kg), round without change. All personal identifying the same fishing year, and the species is weight, for 2019; and 162,000 lb (73,482 information (e.g., name, address, etc.), overfished based on the most recent kg), round weight, for 2020 and confidential business information, or Status of U.S. Fisheries Report to subsequent fishing years. otherwise sensitive information submitted voluntarily by the sender will Congress, the AA will file a notification * * * * * be publicly accessible. NMFS will with the Office of the Federal Register [FR Doc. 2018–06633 Filed 4–2–18; 8:45 am] accept anonymous comments (enter ‘‘N/ to reduce the commercial ACL in the BILLING CODE 3510–22–P following fishing year by the amount of A’’ in the required fields if you wish to the commercial ACL overage in the remain anonymous). Attachments to prior fishing year. DEPARTMENT OF COMMERCE electronic comments will be accepted in (iii) The commercial ACL for red Microsoft Word, Excel, or Adobe PDF grouper is 61,160 lb (27,742 kg), round National Oceanic and Atmospheric file formats only. weight, for 2018; 66,000 lb (29,937 kg), Administration FOR FURTHER INFORMATION CONTACT: round weight, for 2019; and 71,280 lb Spencer Talmage, Fishery Management (32,332 kg), round weight, for 2020 and 50 CFR Part 648 Specialist, 978–281–9232. subsequent fishing years. [Docket No. 180205126–8126–01] SUPPLEMENTARY INFORMATION: (2) Recreational sector. (i) If recreational landings for red grouper, as RIN 0648–BH66 Need for Correction estimated by the SRD, are projected to On March 19, 2018, we published an Control Date for the Northeast reach the recreational ACL, the AA will Multispecies Charter/Party Fishery; Advanced Notice of Proposed file a notification with the Office of the Northeast Multispecies Fishery Rulemaking to set a new control date for Federal Register to close the recreational Management Plan; Correction the Northeast Multispecies charter/party sector for the remainder of the fishing fishery (83 FR 11952). The internet year regardless if the stock is overfished, AGENCY: National Marine Fisheries address to the Federal e-Rulemaking unless NMFS determines that no closure Service (NMFS), National Oceanic and Portal provided in the ADDRESSES

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section of this notice was not correct. Dated: March 28, 2018. This is corrected in the ADDRESSES Alan D. Risenhoover, section of this notice. Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–06660 Filed 4–2–18; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 83, No. 64

Tuesday, April 3, 2018

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contains documents other than rules or Alexis R. Graves, Department FOIA FOIA, 5 U.S.C. 552, as amended; The proposed rules that are applicable to the Officer, Office of the Chief Information Privacy Act of 1974, 5 U.S.C. 552a, as public. Notices of hearings and investigations, Officer, USDA, 1400 Independence amended. committee meetings, agency decisions and Avenue SW, Room 428–W, Washington, rulings, delegations of authority, filing of PURPOSE(S) OF THE SYSTEM: DC 20250. petitions and applications and agency Only authorized USDA FOIA and PA statements of organization and functions are SUPPLEMENTARY INFORMATION: This officials will utilize this system to examples of documents appearing in this system of record notice (SORN) extends effectively monitor and track access section. the coverage previously provided in requests and administrative appeals USDA/OCIO–01—Freedom of under the FOIA and PA; to process DEPARTMENT OF AGRICULTURE Information Act Express (FX) to include access requests under the FOIA and PA; other internal tracking systems in to amend requests under the PA; to Privacy Act of 1974; System of addition to electronic and paper files. manage fees and calculations under the Records As such, the new system conveys FOIA; and to satisfy USDA’s reporting updated system locations, categories of obligations under the FOIA and PA. AGENCY: Office of the Chief Information records, routine uses one of which CATEGORIES OF INDIVIDUALS COVERED BY THE permits records to be provided to the Officer (OCIO). SYSTEM: National Archives and Records ACTION: Notice of a new System of Administration, Office of Government This system contains records on Records. individuals or their representatives who Information Services for purposes set have submitted FOIA or PA requests for forth under 5 U.S.C. 552(h)(2)(A–B) and SUMMARY: In accordance with the records and/or FOIA administrative (3), storage, safeguards, retention and Privacy Act of 1974, as amended, the appeals with the USDA; individuals disposal, system manager and address, U.S. Department of Agriculture (USDA), whose FOIA or PA requests for records notification procedures, records access, Office of the Chief Information Officer have been referred to the USDA by other and contesting procedures. (OCIO), proposes to establish a new Federal agencies; individuals who are system of records entitled, Freedom of Dated: March 29, 2018. the subject of or are named in such Information Act (FOIA) and Privacy Act Stephen L. Censky, FOIA or PA requests or appeals; (PA) Requests and Administrative Deputy Secretary. attorneys or other persons representing Appeals Files, to cover both electronic individuals submitting such FOIA or PA and paper files created during the SYSTEM NAME AND NUMBER requests and appeals; and/or the USDA processing of access requests and Freedom of Information Act (FOIA) personnel assigned to handle such FOIA appeals under the FOIA and PA and and Privacy Act (PA) Requests and or PA requests and appeals. amendment requests under the PA in all Administrative Appeals Files. USDA/ CATEGORIES OF RECORDS IN THE SYSTEM: USDA components with the exception OCIO–03. of the Office of the Inspector General This system consists of records created or compiled in response to FOIA (OIG) whom maintains its own system SECURITY CLASSIFICATION: of records for these types of files. The requests, PA requests or both FOIA/PA OCIO is also deleting USDA/OCIO–01— None. requests for records or subsequent Freedom of Information Act Express administrative appeals to include: The requester’s name, address, telephone (FX) published at 76 FR 54190 (August SYSTEM LOCATION: number, email address; amount of fees 31, 2011) because the new system The records in this system are paid, and payment delinquencies, if would be duplicative. maintained at 1400 Independence Ave. any; the original requests and DATES: This notice will be effective SW, Washington, DC 20250. n USDA’s administrative appeals; responses to without further notice on June 4, 2018 enterprise wide tracking system, in such requests and appeals; all related unless modified by a subsequent notice other tracking systems maintained by memoranda, correspondence, notes, and to incorporate comments received from USDA components, and in offices other related or supporting the public. Written or electronic throughout the United States, Puerto documentation, summary of log, and in comments must be received by the Rico and the U.S. Virgin Islands, and some instances copies of requested contact person listed below on or before USDA offices abroad. records and records under May 3, 2018 to be assured administrative appeal. SYSTEM MANAGER(S): consideration. Note: Since these FOIA/PA case records contain inquiries and requests seeking access ADDRESSES: The public, Office of Ravoyne Payton, Associate Chief to records in other USDA systems of records Management and Budget (OMB), and Information Officer; Policy, E- Government and Fair Information subject to the PA, information about Congress are invited to submit any individuals from any of these other systems comments to USDA, Attn: Department Practices; 1400 Independence Avenue, may become part of this FOIA and PA File FOIA Officer, Office of the Chief Room 428–W, Washington, DC 20250 System. Information Officer, USDA, 1400 A listing of the system managers and Independence Avenue SW, Room 428– addresses by USDA component is RECORD SOURCE CATEGORIES: W, Washington, DC 20250, or by email available at http://www.dm.usda.gov/ Information in this system of records to [email protected]. foia/poc.htm. is obtained from the individual

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submitting the request, USDA officials, information as is necessary and relevant including USDA’s automated systems and other Federal agencies. to such audit or oversight function. security and access policies. In general, G. To a Federal agency in order to records and technical equipment are ROUTINE USES OF RECORDS MAINTAINED IN THE obtain advice and recommendations maintained in buildings with restricted SYSTEM, INCLUDING CATEGORIES OF USERS AND concerning matters on which the agency access. The required use of password PURPOSES OF SUCH USES: has specialized experience or particular protection identification features and USDA may disclose information competence, for use in making required other system protection methods also contained in a record in this system of determinations under the FOIA and PA. restrict access. Access is limited to those records under the routine uses listed in H. To a submitter or subject of a employees who have an official need for this system of records without the record or information in order to obtain access in order to perform their duty. consent of the individual if the assistance to the Department in making disclosure is compatible with a purpose a determination as to access or RECORD ACCESS PROCEDURES: for which the record was collected. amendment. Records concerning initial requests A. To a Member of Congress or staff I. To the appropriate agencies, under the FOIA and the Privacy Act and acting upon the Member’s behalf when entities, and persons when: administrative appeals are maintained the Member or staff requests the 1. USDA suspects or has confirmed by the individual USDA component to information on behalf of, and at the that the security or confidentiality of which the initial request or request of, the individual who is the information in a system of records has administrative appeal was addressed or subject of the record. been compromised; directed. Inquiries or requests for access B. When a record on its face, or in 2. USDA has determined that as a regarding these records should be conjunction with other records, result of the suspected or confirmed addressed to the particular USDA indicates a violation or potential compromise, there is a risk of harm to component maintaining the records. If violation of law, whether civil, criminal economic or property interests, identity the USDA component is unknown, or regulatory in nature, and whether theft or fraud, or harm to the security or contact the USDA Department FOIA arising by general statute or particular integrity of systems or programs Officer, Office of the Chief Information program statute, or by regulation, rule, (whether maintained by the UDSA or Officer, USDA, 1400 Independence or order issued pursuant thereto, another agency or entity) that rely upon Avenue SW, Room 428–W, Washington, disclosure may be made to the the compromised information; and DC 20250. appropriate agency, whether Federal, 3. The disclosure made to such Your full name and current address foreign, State, local, or tribal, or other agencies, entities, and persons is should accompany requests for access. public authority responsible for reasonably necessary to assist in You will also be required at a minimum enforcing, investigating or prosecuting connection with USDA’s efforts to to sign your request. Your signature such violation or charged with enforcing respond to the suspected or confirmed must either be notarized or submitted or implementing the statute, or rule, compromise and prevent, minimize, or under 28 U.S.C. 1746, a law that permits regulation, or order issued pursuant remedy such harm for purposes of statements to be made under penalty of thereto, if the information disclosed is facilitating responses and remediation perjury as a substitute for notarization. relevant to any enforcement, regulatory, efforts in the event of a data breach. In addition, the request for access investigative or prosecute responsibility should (1) explain why you believe the POLICIES AND PRACTICES FOR STORAGE OF USDA component would have of the receiving entity. RECORDS: C. To the National Archives and information on you and (2) if known, Paper records are kept in file folders when you believe the records would Records Administration for purposes of in locked file cabinets. Electronic records management inspections have been created. Without the above records are kept in various computer information, the USDA component may conducted under the authority of 44 databases, a web-based portal U.S.C. 2904 and 2906. be unable to conduct an effective search, maintained by OCIO’s service provider, and your request may be denied due to D. To the National Archives and and in electronic files maintained by the lack of specificity or lack of compliance Records Administration, Office of USDA’s component offices. with applicable regulations. Government Information Services (OGIS), to the extent necessary to fulfill POLICIES AND PRACTICES FOR RETRIEVAL OF Note: An individual, who is the subject of its responsibilities in 5 U.S.C. 552(h), to RECORDS: a record in the system, may access those Electronic and paper records are records that are not exempt from disclosure. review administrative agency policies, A determination whether a record may be procedures, and compliance with the generally retrieved by the name of the accessed will be made at the time a request Freedom of Information Act, and to requester, component’s tracking is received. facilitate OGIS’ offering of mediation number, or the subject of the request. If you are seeking records pertaining services to resolve disputes between POLICIES AND PRACTICES FOR RETENTION AND to another living individual, you must persons making FOIA requests and DISPOSAL OF RECORDS: obtain a statement from that individual administrative agencies. Records are retained and disposed of certifying their agreement for you to E. To contractors, grantees, experts, in accordance with the National access their records. consultants, students, and others Archives and Records Administration’s performing or working on a contract, CONTESTING RECORD PROCEDURES: General Records Schedule 14, but may service, grant, cooperative agreement, or be retained for a longer period as When seeking to contest or amend other assignment for the Federal required by litigation, open information about you maintained in government, when necessary to investigation, and/or audit. the system, direct your requests to the accomplish an agency function related USDA component you believe to this system of records. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL maintains the record. Be sure to state F. To an agency, organization, or SAFEGUARDS: clearly and concisely what information individual for the purpose of performing Information in this system is is being contested, the reasons for audit or oversight operations as safeguarded in accordance with contesting it, and the proposed authorized by law, but only such applicable laws, rules, and policies amendment to the information sought.

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NOTIFICATION PROCEDURES: Children (WIC). These income eligibility percent of the Federal poverty Same as Record Access Procedures. guidelines are to be used in conjunction guidelines, as adjusted. with the WIC Regulations. Section 9(b) also requires that these EXEMPTIONS PROMULGATED FOR THE SYSTEM: DATES: Implementation date July 1, guidelines be revised annually to reflect During the course of a FOIA and/or 2018. changes in the Consumer Price Index. PA action, material from systems of The annual revision for 2018 was FOR FURTHER INFORMATION CONTACT: records may become part of the case published by the Department of Health Kurtria Watson, Chief, Policy Branch, records in this system of records. To the and Human Services (HHS) at 83 FR Supplemental Food Programs Division, extent that copies of these records from 2642, January 18, 2018. The guidelines FNS, USDA, 3101 Park Center Drive, these other systems of records are published by HHS are referred to as the Alexandria, Virginia 22302, (703) 605– entered into these PA case records, ‘‘poverty guidelines.’’ USDA hereby claims the same status for 4387. Section 246.7(d)(1) of the WIC the records as claimed in the original, SUPPLEMENTARY INFORMATION: primary system of records from which regulations (Title 7, Code of Federal they originated, or in which they are Executive Order 12866 Regulations) specifies that State agencies may prescribe income maintained. This notice is exempt from review by guidelines either equaling the income the Office of Management and Budget HISTORY: guidelines established under Section 9 under Executive Order 12866. This new system of record notice of the Richard B. Russell National broadens coverage beyond the Regulatory Flexibility Act School Lunch Act for reduced-price enterprise wide tracking system This action is not a rule as defined by school meals, or identical to State or previously referenced in soon to be the Regulatory Flexibility Act (5 U.S.C. local guidelines for free or reduced- deleted USDA/OCIO–01—Freedom of 601–612) and thus is exempt from the price health care. However, in Information Act Express (FX) to include provisions of this Act. conforming WIC income guidelines to other internal tracking systems in State or local health care guidelines, the addition to electronic and paper files. Paperwork Reduction Act of 1995 State cannot establish WIC guidelines The new notice also conveys updates to This notice does not contain reporting which exceed the guidelines for the system location, categories of or recordkeeping requirements subject reduced-price school meals, or which records, routine uses one of which to approval by the Office of are less than 100 percent of the Federal permits records to be provided to the Management and Budget in accordance poverty guidelines. Consistent with the National Archives and Records with the Paperwork Reduction Act of method used to compute income Administration, Office of Government 1995 (44 U.S.C. 3507). eligibility guidelines for reduced-price Information Services for purposes set meals under the National School Lunch forth under 5 U.S.C. 552(h)(2)(A–B) and Executive Order 12372 Program, the poverty guidelines were (3), storage, safeguards, retention and This program is listed in the Catalog multiplied by 1.85 and the results disposal, system manager and address, of Federal Domestic Assistance rounded upward to the next whole notification procedures, records access, Programs under No. 10.557, and is dollar. and contesting procedures. subject to the provisions of Executive At this time, the Department is [FR Doc. 2018–06759 Filed 4–2–18; 8:45 am] Order 12372, which requires publishing the maximum and minimum BILLING CODE 3410–KR–P intergovernmental consultation with WIC income eligibility guidelines by State and local officials (7 CFR part household size for the period of July 1, 3015, subpart V, 48 FR 29100, June 24, 2018 through June 30, 2019. Consistent DEPARTMENT OF AGRICULTURE 1983, and 49 FR 22675, May 31, 1984). with section 17(f)(17) of the Child Nutrition Act of 1966, as amended (42 Food and Nutrition Service Description U.S.C. 1786(f)(17)), a State agency may Section 17(d)(2)(A) of the Child implement the revised WIC income Special Supplemental Nutrition Nutrition Act of 1966, as amended (42 eligibility guidelines concurrently with Program for Women, Infants and U.S.C. 1786(d)(2)(A)), requires the the implementation of income eligibility Children (WIC): 2018/2019 Income Secretary of Agriculture to establish guidelines under the Medicaid Program Eligibility Guidelines income criteria to be used with established under Title XIX of the Social AGENCY: Food and Nutrition Service nutritional risk criteria in determining a Security Act (42 U.S.C. 1396, et seq.). (FNS), USDA. person’s eligibility for participation in State agencies may coordinate ACTION: Notice. the WIC Program. The law provides that implementation with the revised persons will be income-eligible for the Medicaid guidelines, i.e., earlier in the SUMMARY: The U.S. Department of WIC Program only if they are members year, but in no case may Agriculture (‘‘Department’’) announces of families that satisfy the income implementation take place later than adjusted income eligibility guidelines to standard prescribed for reduced-price July 1, 2018. State agencies that do not be used by State agencies in school meals under section 9(b) of the coordinate implementation with the determining the income eligibility of Richard B. Russell National School revised Medicaid guidelines must persons applying to participate in the Lunch Act (42 U.S.C. 1758(b)). Under implement the WIC income eligibility Special Supplemental Nutrition section 9(b), the income limit for guidelines on or before July 1, 2018. Program for Women, Infants and reduced-price school meals is 185 BILLING CODE 3410–30–P

VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1 amozie on DSK30RV082PROD with NOTICES Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14241 893 586 851 925 740 733 674 $154 $177 $193 $497 $432 $541 1,885 1,047 1,201 1,355 1,508 1,028 1,204 1,381 1,558 1,735 1,117 1,309 1,501 1,693 + + + Weekly ,081 $354 $385 $864 $308 $994 1,479 1,347 1,701 1,849 3,469 3,116 3,016 3,002 3,386 3,770 2,055 2,094 2,408 2,762 2,401 2,709 2,233 2,618 $1 + + + Bi-Weekly 185% - $384 $417 $333 $936 1,269 1,602 1,172 1,935 1,786 1,460 1,587 1,465 1,843 3,758 3,375 3,267 3,252 3,668 4,084 2,226 2,268 2,609 2,992 2,601 2,934 2,003 2,419 2,836 $1,077 $1,171 + + + Meals Price Twice-Monthly Reduced $767 $833 $666 3,204 3,870 3,173 5,217 5,984 5,202 5,868 3,685 5,671 7,516 8,168 7,336 4,451 4,536 4,006 4,838 2,538 2,919 6,750 6,534 6,503 $1,872 $2,341 $2,153 + + + Monthly 2019) 30, Territories $9,195 38,443 $9,990 30,451 $7,992 38,073 90,188 53,410 54,427 35,021 80,993 58,053 88,023 98,013 71,799 70,411 78,403 78,033 46,435 44,215 48,063 62,604 62,419 68,043 $28,083 $22,459 $25,826 Annual + + + and June to $96 317 $84 396 938 556 566 365 500 842 815 812 915 747 732 708 400 483 460 651 649 604 $234 $269 $104 1,019 + + Guam + Weekly 2018 GUIDELINES 1, D.C., Hawaii Alaska 111 800 966 920 792 634 '132 $192 $467 $584 $292 $537 $167 $208 July 1,000 1,875 1,302 1 1,298 1,493 1,684 1,464 1,630 , 1 1,207 1,415 1,623 1,830 2,038 + + + States, 100% from Bi-Weekly ELIGIBILITY 866 686 858 996 789 729 $208 $506 $633 $582 $180 $225 1,046 1,410 1,226 1,406 1,083 1,618 1,825 1,203 1,586 1,766 1,308 1,533 1,758 1,983 2,032 2,208 + + + Contiquous Guidelines- INCOME (Applicable 48 Twice-Monthly Poverty $415 $360 $450 1,732 1,372 1,578 1,715 1,992 3,235 3,649 3,172 3,532 3,065 3,515 3,965 4,063 4,415 2,092 2,820 2,452 2,812 2,165 2,406 2,615 Federal $1,012 $1,265 $1,164 + + + Monthly 16,460 18,930 $5,400 $4,320 $4,970 33,740 38,060 31,380 36,780 52,980 33,840 38,810 42,380 42,180 47,580 43,780 48,750 20,780 25,100 29,420 20,580 25,980 23,900 28,870 $12,140 $15,180 $13,960 Annual + + + add Size add add family family family add'l add'l add'l member member member ...... Each Each Each 1 1 1 5 3 5 8 8 8 5 3 3 7 7 7 4 4 4 2 2 2 6 6 6 Household

VerDate Sep<11>2014 16:47 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4725 E:\FR\FM\03APN1.SGM 03APN1 amozie on DSK30RV082PROD with NOTICES EN03AP18.006 14242 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices ,912 $154 $193 $177 1,969 1,816 2,123 2,277 2,270 2,265 3,038 3,230 3,422 3,149 2,430 2,584 2,738 2,462 2,654 2,846 2,089 2,442 2,619 2,796 2,973 $1 $1,662 $2,077 + + + Weekly $354 $385 $308 5,591 5,945 5,691 5,307 3,631 3,938 5,475 4,923 4,860 4,530 4,884 6,076 6,460 6,844 $3,323 $4,154 $3,823 + + + Bi-Weekly 185% - $384 $417 $333 5,749 3,933 5,598 5,168 5,333 5,265 5,931 7,414 5,291 5,674 5,237 4,917 4,539 4,266 4,599 4,932 4,246 4,553 4,525 4,908 4,177 6,057 6,440 6,823 6,298 6,166 6,582 6,998 $3,600 $4,501 $4,141 + + + Meals Price Twice-Monthly '196 ,498 Reduced $767 $833 $666 9,833 8,532 9,198 9,864 9,049 9,815 7,866 11 11 12,113 12,880 13,646 10,666 12,331 13,163 13,996 14,828 10,530 11,862 10,581 11,347 $7,200 $9,001 $8,282 + + + Monthly Eight Than 94,387 $9,195 $9,990 $7,992 145,355 154,549 163,744 117,993 127,983 137,973 147,963 157,953 167,943 177,933 102,379 110,371 118,363 126,355 134,347 142,339 108,577 117,771 126,966 136,160 $86,395 $99,382 --,-- Annual + + + $108,003 Hawaii ------Greater Alaska 982 $96 $84 -- '123 '148 '129 ,511 $899 $104 1,607 1,703 1,227 1,331 1,435 1,850 1,539 1,642 1,746 1,065 1,231 1,314 1,397 1,480 1,225 1 1,320 1 1,416 1 + + GUIDELINES $1 $1,034 + Sizes Weekly ---- > Family $192 $208 $167 1,963 3,214 3,405 3,700 3,077 3,284 3,492 3,022 2,454 2,661 2,869 2,129 2,461 2,627 2,794 2,960 2,449 2,295 2,640 2,831 $2,067 + + + for ELIGIBILITIY Bi-Weekly Chart Territories INCOME and $208 $225 $180 3,481 3,688 3,108 3,333 3,558 3,783 3,026 3,206 3,067 3,274 4,008 2,126 2,658 2,883 2,306 2,666 2,846 2,653 2,486 2,860 2,446 2,258 $1,946 $1,797 $2,239 $2,433 $2,246 + + + Guidelines-100% Guam Supplemental D.C., Twice-Monthly Poverty States, $415 $450 $360 5,315 5,765 8,015 5,332 5,692 5,305 7,376 5,720 7,115 7,565 4,252 4,612 4,972 4,891 6,962 6,215 6,665 6,052 6,412 6,134 6,548 Federal $3,892 $4,477 $4,865 + + + Monthly Contiguous 48 $4,970 $5,400 83,540 88,510 51,020 90,780 96,180 85,380 55,340 $4,320 59,660 74,580 79,980 58,690 72,620 76,940 73,600 78,570 63,780 69,180 63,980 68,300 63,660 68,630 $46,700 $53,720 $58,380 Annual + + + Size add add add family family family add'l add'l add'l ...... member member member ...... 9 0 0 9 9 10 12 Household Each Each Each 11 11 11 1 12 13 14 15 16 1 12 13 14 15 16 13 14 15 16

The table of this Notice contains the 48 contiguous States, the District of Territories, including Guam. Separate income limits by household size for the Columbia, and all United States tables for Alaska and Hawaii have been

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included for the convenience of the Individuals who use Management Plan and to prepare an State agencies because the poverty telecommunication devices for the deaf Environmental Impact Statement. guidelines for Alaska and Hawaii are (TDD) may call the Federal Information higher than for the 48 contiguous States. Relay Service (FIRS) at 1–800–877–8339 SUMMARY: The U.S. Department of Agriculture, Forest Service, is revising Authority: 42 U.S.C. 1786. between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday the existing Grand Mesa, Uncompahgre, Dated: March 8, 2018. through Friday. and Gunnison (GMUG) National Forests’ Brandon Lipps, SUPPLEMENTARY INFORMATION: The Land and Resource Management Plan Administrator, Food and Nutrition Service, purpose of the meeting is to: (Forest Plan). The Forest Service will USDA. 1. Review projects previously prepare an Environmental Impact [FR Doc. 2018–06178 Filed 4–2–18; 8:45 am] authorized under Title II of the Act; and Statement (EIS) for its revised Forest BILLING CODE 3410–30–C 2. Review and make proposed fee Plan. changes for fee sites on the Rogue River- This notice briefly describes the Siskiyou National Forest. preliminary needs for change that will DEPARTMENT OF AGRICULTURE The meeting is open to the public. be used to develop a revised Forest The agenda will include time for people Plan, the nature of the decision to be Forest Service to make oral statements of three minutes made, and information concerning or less. Individuals wishing to make an public participation. This notice also Siskiyou Resource Advisory oral statement should request in writing describes estimated dates for filing the Committee by April 11, 2018, to be scheduled on EIS, the name and address of the AGENCY: Forest Service, USDA. the agenda. responsible agency officials, and the Anyone who would like to bring individuals who can provide additional ACTION: Notice of meeting. related matters to the attention of the information. Finally, this notice identifies the applicable planning rule SUMMARY: The Siskiyou (OR) Resource committee may file written statements that will be used for completing the Advisory Committee (RAC) will meet in with the committee staff before the plan revision. Harbor, Oregon. The committee is meeting. Written comments and authorized under the Secure Rural requests for time to make oral comments DATES: Comments concerning the Schools and Community Self- must be sent to Virginia Gibbons, Public preliminary need for change provided in Determination Act (the Act) and Affairs Officer, Rogue River-Siskiyou this notice must be received by May 3, operates in compliance with the Federal National Forest, 3040 Biddle Road, 2018. The Draft EIS is expected in the Advisory Committee Act. The purpose Medford, Oregon 97504; by phone at spring of 2019, and the Final EIS is _ of the committee is to improve (541) 618–2113, by email at Rogue expected in the spring of 2020. _ collaborative relationships and to River-Siskiyou [email protected], or via ADDRESSES: Comments may be provide advice and recommendations to facsimile at (541) 618–2400. submitted electronically online at the Forest Service concerning projects Meeting Accommodations: If you are http://www.fs.usda.gov/goto/gmug/ and funding consistent with the Title II a person requiring reasonable forestplan_comments. Written of the Act. RAC information can be accommodation, please make requests comments concerning this notice should found at the following website: https:// in advance for sign language be addressed to GMUG National Forests, cloudapps-usda-gov.secure.force.com/ interpreting, assistive listening devices, Attn: Forest Plan Revision Team, 2250 FSSRS/RAC_Page?id=001t0000002 or other reasonable accommodation. For S. Main St., Delta, CO 81416. Comments Jcv6AAC. access to the facility or proceedings, may also be sent via email to please contact the person listed in the [email protected] with the DATES: The meeting will be held on section titled FOR FURTHER INFORMATION subject line: ‘‘Scoping Comment,’’ or via April 25, 2018, 9:30 a.m. CONTACT. All reasonable facsimile to 970–874–6698. All All RAC meetings are subject to accommodation requests are managed comments, including names and cancellation. For status of the meeting on a case by case basis. addresses when provided, are placed in prior to attendance, please contact the Dated: March 14, 2018. the record and are available for public FOR FURTHER person listed under Chris French, inspection and copying. The public may INFORMATION CONTACT. Associate Deputy Chief, National Forest inspect comments received by visiting ADDRESSES: The meeting will be held at System. the public reading room online at http:// _ the Harbor Water Public Utilities [FR Doc. 2018–06682 Filed 4–2–18; 8:45 am] www.fs.usda.gov/goto/gmug/forestplan District, 98069 West Benham Lane, BILLING CODE 3415–11–P readingroom. Harbor, Oregon. FOR FURTHER INFORMATION CONTACT: Written comments may be submitted Forest Plan Revision Team Leader as described under SUPPLEMENTARY DEPARTMENT OF AGRICULTURE Samantha Staley o (970–874–6666) or INFORMATION. All comments, including Assistant Forest Planner Brittany Duffy Forest Service names and addresses when provided, (970–874–6649) via email at are placed in the record and are [email protected] or mail at available for public inspection and Grand Mesa, Uncompahgre and Gunnison National Forests; Colorado; GMUG National Forests, Attn: Forest copying. The public may inspect Plan Revision Team, 2250 S. Main St., comments received at 3040 Biddle Revision of the Land and Resource Management Plan for the Grand Mesa, Delta, CO 81416. Additional Road, Medford, Oregon. Please call information concerning the planning ahead to (541) 618–2200 to facilitate Uncompahgre and Gunnison National Forests process can be found online at http:// entry into the building. www.fs.usda.gov/goto/gmug/forestplan. FOR FURTHER INFORMATION CONTACT: AGENCY: Forest Service, USDA. Individuals who use Virginia Gibbons, Public Affairs Officer, ACTION: Notice of Intent to revise the telecommunication devices for the deaf by phone at (541) 618–2113 or via email Grand Mesa, Uncompahgre and (TDD) may call the Federal Information at [email protected]. Gunnison Land and Resource Relay Service (FIRS) at 1–800–877–8339

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between 8 a.m. and 8 p.m., Eastern • Contribute to social and economic GMUG National Forests’ multiple uses Time, Monday through Friday. sustainability by providing people and and ecosystem services are sufficient to SUPPLEMENTARY INFORMATION: The communities with a range of social and contribute to social and economic revised GMUG Forest Plan will replace economic benefits for present and future sustainability for people and the existing 1983 GMUG Forest Plan, as generations. These benefits include communities. amended. The existing Forest Plan will water, timber production, grazing, This proposed action is programmatic remain in effect until the revised Forest recreation, energy resources, and in nature and guides future Plan takes effect. In response to this additional multiple uses. implementation of site-specific projects. • notice we are asking for comments on Provide for ecological sustainability Additional National Environmental the preliminary need for change, by maintaining or restoring ecological Policy Act (NEPA) compliance may be distinctive role and contribution of the integrity; air, soil and water; and required for site-specific projects as part Forests, and proposed management area riparian areas, taking into account of a two-stage decision making process framework. The full text of the stressors such as wildland fire, insect (40 CFR 1508.23, 42 U.S.C. 4322(2)(C)), and disease, and changes in climate. 36 CFR 219.7(f)). preliminary need for change and • additional materials and information on Provide for ecological conditions to Scoping Process public engagement opportunities can be maintain the diversity of plant and animal communities, including This Notice of Intent initiates the found at http://www.fs.usda.gov/goto/ scoping process, which guides the gmug/forestplan by clicking on the link additional consideration for threatened and endangered species, species of development of the Draft Forest Plan of interest. Input gathered during this and Draft EIS. We are seeking your scoping period, as well as other conservation concern, and species of public interest. input to continue to develop the GMUG information, will be used to prepare the • National Forests’ revised Forest Plan. Draft Forest Plan and the Draft EIS. Designate areas suitable for timber production and provide for sustainable Public webinars will be held to Purpose and Need for Action recreation. provide additional information and address questions related to this scoping The purpose and need for revising the Furthermore, the 2012 planning rule requires the GMUG, during the Forest notice. Dates and locations will be current Forest Plan is (1) the 1983 Forest posted on the GMUG Forest Plan Plan, as amended, needs revision per Plan revision process, to: • Identify and evaluate lands that Revision website at http:// the National Forest Management Act, may be suitable for inclusion in the www.fs.usda.gov/goto/gmug/forestplan which requires Forest Plans to be National Wilderness Preservation and can be accessed by clicking on ‘‘Get revised on a 10 to 15 year cycle, and (2) System. Involved.’’ Any changes to the webinar to address the preliminary needs for • Identify eligible rivers for inclusion schedule will be communicated on the change to the existing plan, which are in the National Wild and Scenic Rivers same website. summarized below. Preliminary needs System. It is important that reviewers provide for change are identified to respond to their comments at such times and in new requirements per the Forest Proposed Action such manner that they are useful to the Service’s 2012 Land Management The proposed action is to revise the agency’s preparation of the EIS. Planning Rule (36 CFR 219); to address Forest Plan in order to address these Therefore, comments should be changes in economic, social, and identified needs for change to the provided prior to the close of the ecological conditions; and to use the existing Forest Plan. The revised Forest comment period and should clearly best available scientific information. An Plan will include forest-wide and articulate the reviewer’s concerns as assessment of the conditions and trends geographic/management area-specific well as proposed solutions. of the Forests’ ecological, social, and desired conditions, goals, objectives, Decision Will be Subject to Objection economic resources, informed by public standards, guidelines, and the input, has helped to identify these designation of lands suitable for timber Only those individuals and entities preliminary needs for changing the production. Development of alternatives who have submitted substantive formal existing Forest Plan. A summary of the will be guided by the scoping process. comments related to the GMUG preliminary needs for change follows. National Forests’ plan revision during Three overarching needs for change, Responsible Official the formal opportunities provided for or principles, emerged throughout the The responsible official who will public comment (beginning with this assessment process: (1) Provide approve the Record of Decision for the Notice of Intent) throughout the direction that reflects the best available GMUG National Forests’ revised Forest planning process will be eligible to file science and management approaches, Plan is Scott Armentrout, Forest an objection (36 CFR 219.53(a)). The and yet remains durable and relevant Supervisor for the GMUG National decision to approve the revised Forest through time in our rapidly changing Forests, 2250 S. Main St., Delta, CO Plan for the GMUG National Forests will environment; (2) Provide more strategic, 81416. be subject to the objection process adaptive direction than the often identified in 36 CFR 219 Subpart B prescriptive, tactical direction in the Nature of Decision To Be Made (219.50 to 219.62). current Forest Plan. Adaptive direction The responsible official will decide Comments received in response to should provide for greater durability; whether the required plan components this solicitation, including names and and (3) Create a plan that is more (desired conditions, goals, objectives, addresses of those who comment, will purposeful, accessible and useful to the standards, guidelines, and suitability) be part of the public record for this public and agency personnel. The are sufficient to promote the ecological proposed action. Comments submitted current Forest Plan is unwieldy and integrity and sustainability of the anonymously will be accepted and overly complicated. GMUG National Forests’ ecosystems, considered, however, anonymous These principles will be used to watersheds, and diverse plant and comments will not provide the Agency implement the requirements of the 2012 animal communities. In addition, the with the ability to provide the planning rule, which requires that the responsible official will decide whether respondent with subsequent revised Forest Plan: the required plan components for the environmental documents.

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Documents Available for Review names and addresses, when provided, Dated: March 14, 2018. The GMUG National Forest plan are placed in the record and available Christopher French, revision website at http:// for public inspection and copying. The Associate Deputy Chief, National Forest www.fs.usda.gov/goto/gmug/forestplan public may inspect comments received System. provides the full text of the preliminary at the Black Hills National Forest [FR Doc. 2018–06683 Filed 4–2–18; 8:45 am] need for change; distinctive role and Supervisor’s Office. Please call ahead to BILLING CODE 3411–15–P contribution of the Forests; proposed facilitate entry into the building. management area framework; the 2018 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE assessments; public meeting materials Scott Jacobson, Committee Coordinator, from the assessment phase, including by phone at 605–440–1409 or by email Rural Utilities Service open house materials and recorded at [email protected]. webinars; in public comments. The Announcement of Grant Application Individuals who use material available on these sites may be Deadlines and Funding Levels updated or revised at any time as part telecommunication devices for the deaf of the planning process. (TDD) may call the Federal Information AGENCY: Rural Utilities Service, USDA. The 2012 planning rule is explained Relay Service (FIRS) at 1–800–877–8339 ACTION: Notice of solicitation of in more detail on the Forest Service between 8:00 a.m. and 8:00 p.m., applications (NOSA). website at http://www.fs.usda.gov/ Eastern Standard Time, Monday through Friday. SUMMARY: The Rural Utilities Service detail/planningrule/home/ (RUS), an agency of the United States ?cid=stelprdb5359471. SUPPLEMENTARY INFORMATION: The Department of Agriculture (USDA), Dated: March 28, 2018. purpose of the meeting is to provide: herein referred to as RUS or the Agency, Glenn Casamassa, (1) Ethics Training; announces its Distance Learning and Telemedicine (DLT) Grant Program Associate Deputy Chief, National Forest (2) Information Topic: Forest Staffing System. application window for Fiscal Year (FY) and Seasonal Hiring; [FR Doc. 2018–06686 Filed 4–2–18; 8:45 am] 2018. The Agency is publishing the BILLING CODE 3411–15–P (3) Black Hills Resilient Landscape amount of funding received in the Project update; appropriations act on its website at (4) 2018 Fire Season Preparedness; https://www.rd.usda.gov/newsroom/ DEPARTMENT OF AGRICULTURE and notices-solicitation-applications-nosas. Expenses incurred in developing Forest Service (5) 2018 Fire Season Outlook. applications will be at the applicant’s The meeting is open to the public and risk. Black Hills National Forest Advisory transcripts, documents and minutes will In addition to announcing the Board be made available for public inspection. application window, RUS announces the minimum and maximum amounts AGENCY: Forest Service, USDA. The U.S. Forest Service will attempt to accommodate as many attendees as for DLT grants applicable for the fiscal ACTION: Notice of meeting. possible; however, admittance will be year. The DLT Grant Program regulation SUMMARY: The Black Hills National limited to seating availability. The can be found at 7 CFR part 1734, Forest Advisory Board (Board) will meet Chairman may allow the public to make subpart B. This DLT Grant Program in Rapid City, South Dakota. The Board oral statements of three minutes or less. regulation replaced the previous DLT is established consistent with the Individuals wishing to make an oral Grant Program regulation, 7 CFR part Federal Advisory Committee Act of statement should submit a request in 1703, subpart E, on December 27, 2017. 1972, the Forest and Rangeland writing by April 9, 2018, to be DATES: Submit completed paper or Renewable Resources Planning Act of scheduled on the agenda. Anyone who electronic applications for grants would like to bring related matters to according to the following deadlines: 1974, the National Forest Management • Act of 1976, and the Federal Public the attention of the Board may file Paper submissions: Paper Lands Recreation Enhancement Act. written statements with the Board’s staff submissions must be postmarked and Additional information concerning the before or after the meeting. Written mailed, shipped, or sent overnight no Board, including the meeting summary/ comments and time requests for oral later than June 4, 2018 to be eligible for minutes, can be found by visiting the comments must be sent to Scott FY 2018 grant funding. Late or Board’s website at: http:// Jacobson, Black Hills National Forest incomplete applications will not be eligible for FY 2018 grant funding. www.fs.usda.gov/main/blackhills/ Supervisor’s Office, 1019 North Fifth • Electronic submissions: Electronic workingtogether/advisorycommittees. Street, Custer, South Dakota 57730; by email to [email protected], or via submissions must be received no later DATES: The meeting will be held on than June 4, 2018 to be eligible for FY facsimile to 605–673–9208. Wednesday, April 18, 2018, at 1:00 p.m. 2018 grant funding. Late or incomplete All meetings are subject to Meeting Accommodations: If you are applications will not be eligible for FY cancellation. For updated status of a person requiring reasonable 2018 grant funding. meeting prior to attendance, please accommodation, please make requests • If the submission deadline falls on contact the person listed under FOR in advance for sign language Saturday, Sunday, or a Federal holiday, FURTHER INFORMATION CONTACT. interpreting, assistive listening devices, the application is due the next business ADDRESSES: The meeting will be held at or other reasonable accommodation for day. the Forest Service Center, 8221 Mount access to the facility or proceedings by ADDRESSES: Copies of the FY 2018 Rushmore Road, Rapid City, South contacting the person listed in the Application Guide and materials for the Dakota. section titled FOR FURTHER INFORMATION DLT Grant Program may be obtained Written comments may be submitted CONTACT. All reasonable through: as described under SUPPLEMENTARY accommodation requests are managed (1) The DLT website at https:// INFORMATION. All comments, including on a case by case basis. www.rd.usda.gov/programs-services/

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distance-learning-telemedicine-grants, telecommunications, computer iv. A consortium, as defined in 7 CFR or networks, and related advanced 1734.3; or (2) The RUS Office of Loan technologies by students, teachers, v. Other legal entity, including a Origination and Approval at 202–720– medical professionals, and rural private corporation organized on a for- 0800. residents. The regulation for the DLT profit or not-for-profit basis. Completed applications may be Program can be found at 7 CFR part b. Corporations that have been submitted the following ways: 1734. convicted of a Federal felony within the (1) Paper: Mail paper applications to The grants, which are awarded past 24 months are not eligible. Any the Rural Utilities Service, through a competitive process, may be corporation that has been assessed to Telecommunications Program, 1400 used to fund telecommunications- have any unpaid federal tax liability, for Independence Ave. SW, Room 2844, enabled information, audio and video which all judicial and administrative STOP 1597, Washington, DC 20250– equipment, and related advanced remedies have been exhausted or have 1597. Mark address with ‘‘Attention: technologies which extend educational lapsed and is not being paid in a timely Deputy Assistant Administrator, Office and medical access into rural areas. manner pursuant to an agreement with of Loan Origination and Approval, Rural Grants are intended to benefit end users the authority responsible for collecting Utilities Service.’’ in rural areas, who are often not in the the tax liability, is not eligible for (2) Electronic: Submit electronic same location as the source of the financial assistance. applications through Grants.gov. educational or health care service. c. Applicants must have a Dun and Information on electronic submission is As in years past, the FY 2018 DLT Bradstreet (D&B) Data Universal available on the Grants.gov website Grant Application Guide has been Numbering System (DUNS) number and (https://www.grants.gov) at any time, updated based on program experience. have an active registration at time of regardless of registration status. The Application Guide has also been application submittal with current However, applicants must pre-register updated to reflect the new program information in the System for Award with Grants.gov to use the electronic regulations, 7 CFR 1734. All applicants Management (SAM) (previously the submission option. should carefully review and prepare Central Contractor Registry (CCR)) at their applications according to FOR FURTHER INFORMATION CONTACT: https://www.sam.gov. Further Shawn Arner, Deputy Assistant instructions in the FY 2018 Application information regarding DUNS number Guide and sample materials. Expenses Administrator, Office of Loan acquisition and SAM registration can be incurred in developing applications will Origination and Approval, Rural found in Sections D(3) and D(4) of this be at the applicant’s own risk. Utilities Service, U.S. Department of notice. Agriculture, telephone: (202) 720–0800, B. Federal Award Information 2. Cost Sharing or Matching fax:1–884–885–8179. Under 7 CFR 1734.24, the The DLT Program requires matching SUPPLEMENTARY INFORMATION: Administrator will establish the contributions for grants. See 7 CFR Overview maximum and minimum amounts of a 1734.22 and the FY 2018 Application grant to be made available to an Guide for information on required Federal Agency: Rural Utilities individual recipient for each fiscal year. matching contributions. Service (RUS). For FY 2018 the minimum amount of a a. Grant applicants must demonstrate Funding Opportunity Title: Distance grant is set at $50,000 and the maximum matching contributions, in cash or in Learning and Telemedicine Grants. amount is set at $500,000. kind (new or non-depreciated items), of Announcement Type: Initial The Agency will make awards, and at least fifteen (15) percent of the grant announcement. the successful applicants will be amount requested. Matching Funding Opportunity Number: RUS– required to execute documents contributions must be used for approved 18–01–DLT. appropriate to the project before funding purposes for grants (see 7 CFR 1734.21 Catalog of Federal Domestic will be advanced. Award documents and Section D(7)(b) of this Notice). Assistance (CFDA) Number: 10.855. specify the term of each award. The b. Applications that do not provide Dates: Submit completed paper or standard grant agreement is available at sufficient documentation of the required electronic applications for grants https://www.rd.usda.gov/files/ 15 percent match will be declared according to the deadline indicated in DLTGrantAgreement-2017.pdf. Prior ineligible. Section D(5). DLT grants cannot be renewed; c. Discounts and Donations. In review Items in Supplementary Information however, existing DLT awardees can of applications submitted in the past, it submit applications for new projects was determined that vendor donated A. Program Description which will be evaluated as new matches did not have value without a B. Federal Award Information applications. Grant applications must be required, subsequent purchase of C. Eligibility Information submitted during the application vendor equipment or licenses with grant D. Application and Submission Information window. funds. For example, in many grant E. Application Review Information F. Award Administration Information C. Eligibility Information applications, software licenses were G. Agency Contacts donated in satisfaction of the matching H. Other Information 1. Eligible Applicants (See 7 CFR requirement. However, such licenses 1734.4) only worked with, and thus only had A. Program Description a. Only entities legally organized as value with, the same vendor’s DLT grants are designed to provide one of the following are eligible for DLT equipment. Additionally, by side access to education, training, and health Grant Program financial assistance: agreement, grant applicants were care resources for rural Americans. The i. An incorporated organization; required to purchase the vendor’s DLT Program is authorized by 7 U.S.C. ii. An Indian tribe or tribal equipment once the grant was made 950aaa and provides financial assistance organization, as defined in 25 U.S.C. with grant funds. The agency to encourage and improve telemedicine 450b (b) and (c); determined that such a practice violated and distance learning services in rural iii. A state or local unit of federal procurement standards found at areas through the use of government; 2 CFR 200.317–326, given that the grant

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applicant could not put the purchase submission of applications, applicants 2. Content and Form of Application out for bid, either because no other may request technical assistance or Submission equipment would work with the other application guidance from the a. Carefully review the FY 2018 DLT ‘‘donated’’ licenses, or because they Agency, as long as such requests are Application Guide and 7 CFR part 1734, were contractually obligated to buy the made prior to May 18, 2018. Agency which detail all necessary forms and equipment before the grant was made. contact information can be found in worksheets. A table summarizing the As such, the agency has determined that Section G of this NOSA. The Agency necessary components of a complete vendor matches requiring subsequent will not solicit or consider new scoring application can be found in this section. purchases, either by necessity or or eligibility information that is b. Description of Project Sites. Most contract, are not permitted. submitted after the application DLT grant projects contain several d. Eligible Equipment and Facilities. deadline; however the Agency reserves See 7 CFR 1734 and the FY 2018 project sites. Site information must be the right to contact applicants to seek consistent throughout the application. Application Guide for more information clarification on materials contained in regarding eligible and ineligible items. The Agency has provided a site the submitted application. See the FY worksheet that lists the required 3. Other 2018 Application Guide for a full information. Applicants should a. Ineligibility of Projects in Coastal discussion of each required item. For complete the site worksheet with all Barrier Resources Act Areas. Projects requirements of completed grant requisite information. Applications located in areas covered by the Coastal applications, refer to 7 CFR 1734.25. without consistent site information will be returned as ineligible. Barrier Resources Act (16 U.S.C. 3501 et 1. Address To Request Application c. Submission of Application Items. seq.) are not eligible for financial Package. assistance from the DLT Program. See 7 Given the high volume of program CFR 1734.23(a)(11). The FY 2018 Application Guide, interest, applicants should submit the copies of necessary forms and samples, required application items in the order D. Application and Submission indicated in the FY 2018 Application Information and the DLT Program regulation are available as follows: Guide. Applications that are not The FY 2018 Application Guide assembled and tabbed in the specified provides specific, detailed instructions a. Electronic Copies are available at order prevent timely determination of for each item of a complete application. https://www.rd.usda.gov/programs- eligibility. For applications with The Agency emphasizes the importance services/distance-learning-telemedicine- inconsistencies among submitted of including every required item and grants. copies, the Agency will base its strongly encourages applicants to follow b. Paper Copies are available from the evaluation on the original signed the instructions carefully, using the Rural Utilities Service, Office of Loan application received. examples and illustrations in the FY Origination and Approval, 202–720– d. Table of Required Application 2018 Application Guide. Prior to official 0800. Items.

Application item Regulation Comments

SF–424 (Application for Federal Assistance Form) ...... 7 CFR 1734.25(a) ...... Form provided in FY 2018 Application Tool Kit. Executive Summary of the Project ...... 7 CFR 1734.25(b) ...... Narrative. Scoring Criteria and Special Consideration Documenta- 7 CFR 1734.25(c) ...... Provide documentation on how applicant meets each of tion. the scoring criteria and special considerations con- tained in § 1734.26. Scope of Work ...... 7 CFR 1734.25(d) ...... Narrative & Documentation. Financial Information and Sustainability ...... 7 CFR 1734.25(e) ...... Narrative. Statement of Experience ...... 7 CFR 1734.25(f) ...... Narrative. Evidence of Leverage and Funding Commitments from 7 CFR 1734.25(g) ...... Agency Worksheet and narrative. All Sources. Telecommunications System Plan ...... 7 CFR 1734.25(h) ...... Documentation. Compliance with other Federal Statutes ...... 7 CFR 1734.25(i) ...... Form provided in FY 2018 Application Tool Kit. Non-Duplication of Services ...... Form provided in FY 2018 Application Tool Kit. Assurance Regarding Felony Conviction or Tax Delin- ...... Form provided in FY 2018 Application Tool Kit. quent Status for Corporate Applicants. Environmental Review Requirements ...... 7 CFR 1734.25(j) ...... Form provided in FY 2018 Application Tool Kit. Evidence of Legal Authority and Existence ...... 7 CFR 1734.25(k) ...... Documentation. Federal Debt Certification ...... 7 CFR 1734.25(l) ...... Form provided in FY 2018 Application Tool Kit. Consultation with USDA State Director ...... 7 CFR 1734.25(m) ...... Documentation. Supplemental Information ...... 7 CFR 1734. 25(n) ...... Documentation.

e. Number of copies of submitted ii. Electronic submissions. Submit the State government single point of applications. electronic application once. Do not send contact, if one has been designated, at i. Paper submissions. Submit the a paper copy to RUS. Applicants should the same time as application submission original application and one (1) paper identify and number each page in the to the Agency. If the project is located copy to RUS, as well as one digital copy same manner as the paper application. in more than one State, submit a copy on a Flash Drive. Submit one additional Submit one (1) additional copy to the to each applicable State government copy to the state government single State government single point of contact single point of contact. Go to https:// point of contact as described in as described in Subsection iii below. www.whitehouse.gov/wp-content/ _ Subsection iii below. iii. State Government Single Point of uploads/2017/11/Intergovernmental - Contact. Submit one (1) copy to the

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Review-_SPOC_01_2018_OFFM.pdf for procedure when selecting their a. Rurality Category. Rurality of the state office contact information. application delivery method. end user sites proposed in the b. Electronic grant applications must application (up to 40 points). 3. Dun and Bradstreet Universal be received no later than June 4, 2018 b. Economic Need Category. County Numbering System (DUNS) Number to be eligible for FY 2018 funding. Late poverty percentage of the end user sites The applicant for a grant must supply or incomplete applications will not be proposed in the application. The a DUNS number as part of the eligible for FY 2018 grant funding. percentages must be determined by application. The applicant can obtain i. Applications will not be accepted utilizing the United States Census Small the DUNS number free of charge by via fax or electronic mail. Area Income and Poverty Estimates calling Dun and Bradstreet. Go to http:// ii. Electronic applications for grants (SAIPE) Program (up to 30 points). fedgov.dnb.com/webform for more must be submitted through the Federal c. Service Needs and Benefits information on DUNS number government’s Grants.gov initiative at Category. An analysis addressing the acquisition or confirmation. https://www.grants.gov. extent to which the proposed project iii. Grants.gov requires some 4. System for Award Management meets the need for distance learning or credentialing and online authentication (SAM) telemedicine services in rural areas, procedures. These procedures may take benefits derived from the services Prior to submitting a paper or an several business days to complete. proposed by the project, and local electronic application, the applicant Therefore, the applicant should community involvement in planning, must register in SAM at https:// complete the registration, credentialing, implementing and financial assistance www.sam.gov. Throughout the RUS and authorization procedures at of the project. RUS will consider the application review and the active Grants.gov before submitting an extent of the applicant’s analysis Federal grant funding period, SAM application. Instructions on all required explaining the challenges imposed by registration must be active with current passwords, credentialing, and software the following criteria, how the project data at all times. To maintain active are available on Grants.gov. proposes to address these issues and SAM registration, the applicant must iv. If system errors or technical why the applicant cannot complete the review and update the information in difficulties occur, use the customer project without a grant (up to 30 points): the SAM database annually from the support resources available at the i. Economic characteristics. date of initial registration or from the Grants.gov website. ii. Educational challenges. date of the last update. The applicant c. If the submission deadline falls on iii. Health care needs. must ensure that the information in the Saturday, Sunday, or a Federal holiday, d. Special Consideration. Special database is current, accurate, and the application is due the next business consideration points will be awarded for complete. day. projects having the following primary 5. Submission Dates and Times 6. Intergovernmental Review purpose (up to 10 points): i. Telemedicine projects which a. Paper applications must be The DLT Grant Program is subject to propose to provide treatment and postmarked and mailed, shipped, or Executive Order 12372, counseling services for opioid abuse; sent overnight no later than June 4, 2018 ‘‘Intergovernmental Review of Federal and to be eligible for FY 2018 grant funding. Programs.’’ As stated in section ii. Distance learning projects which Late applications, applications which D(2)(e)(iii) of this notice, a copy of a propose to provide access to Science, do not include proof of mailing or DLT grant application must be Technology, Engineering and Math shipping, and incomplete applications submitted to the state single point of (STEM) courses. are not eligible for FY 2018 grant contact, if one has been designated. funding. 2. Review and Selection Process 7. Funding Restrictions i. Address paper applications to the Grant applications are ranked by the Telecommunications Program, RUS, a. Hub sites located in non-rural areas final score. RUS selects applications U.S. Department of Agriculture, 1400 are not eligible for grant assistance based on those rankings, subject to the Independence Ave. SW, Room 2844, unless they are necessary to provide availability of funds. In addition, the STOP 1597, Washington, DC 20250– DLT services to rural residents at end Agency has the authority to limit the 1597. Applications should be marked, user sites. See 7 CFR 1734.2(h). number of applications selected in any ‘‘Attention: Deputy Assistant b. Ineligible and Eligible Items. one state or for any one project during Administrator, Office of Loan Applicants should exclude ineligible a fiscal year. See 7 CFR 1734.27 for a Origination and Approval.’’ items and ineligible matching description of the grant application ii. Paper applications must show contributions from the budget unless selection process. In addition, an proof of mailing or shipping by the those items are clearly documented as application receiving fewer points can deadline consisting of one of the vital to the project. See the FY 2018 be selected over a higher scoring following: Application Guide for a recommended application in the event that there are A. A legibly dated U.S. Postal Service budget format and detailed budget insufficient funds available to cover the (USPS) postmark; compilation instructions. costs of the higher scoring application, B. A legible mail receipt with the date E. Application Review Information as stated in 7 CFR 1734.27(b)(3). of mailing stamped by the USPS; or a. In addition to ranking the C. A dated shipping label, invoice, or 1. Criteria applications based on the scoring receipt from a commercial carrier. Grant applications are scored criteria, the Agency evaluates grant iii. Due to screening procedures at the competitively and are subject to the applications on the following items, in USDA, packages arriving via regular criteria listed below. See 7 CFR 1734.26, accordance with 7 CFR 1734.27(c): mail through the USPS are irradiated, the FY 2018 Application Guide, and the i. Financial feasibility. A proposal which can damage the contents and funding opportunity posted on https:// that does not indicate financial delay delivery to RUS. RUS encourages www.grants.gov for more information on feasibility or that is not sustainable will applicants to consider the impact of this the scoring criteria. not be approved for an award.

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ii. Technical considerations. An ii. 2 CFR parts 417 and 180 Civil Rights Compliance Reviews on application that contains flaws that (Government-wide Nonprocurement recipients to identify the collection of would prevent the successful Debarment and Suspension). racial and ethnic data on Program implementation, operation, or g. Signing Form AD–3031, beneficiaries. In addition, the sustainability of the project will not be ‘‘Assurance Regarding Felony Compliance review will ensure that approved for an award. Conviction or Tax Delinquent Status for equal access to the Program benefits and iii. Other aspects of proposals that Corporate Applicants’’ (for corporate activities are provided for persons with contain inadequacies that would applicants only). disabilities and language barriers. undermine the ability of the project to h. Complying with Executive Order 3. Reporting comply with the policies of the DLT 13166, ‘‘Improving Access to Services Program. for Persons with Limited English a. Performance reporting. All Proficiency.’’ For information on limited recipients of DLT financial assistance F. Federal Award Administration English proficiency and agency-specific must provide annual performance Information guidance, go to https://www.LEP.gov. activity reports to RUS until the project 1. Federal Award Notices i. Accountability and Compliance is complete and the funds are expended. with Civil Rights Laws. A final performance report is also RUS notifies applicants whose 1901.201 Purpose. This subpart projects are selected for awards by required; the final report may serve as contains policies and procedures for the last annual report. The final report mailing or emailing a copy of an award implementing the regulations of the letter. The receipt of an award letter must include an evaluation of the Department of Agriculture issued success of the project in meeting the does not authorize the applicant to pursuant to Title VI of the Civil Rights commence performance under the DLT Grant Program objectives. See 7 Act of 1964, Title VIII of the Civil Rights CFR 1734.7 for additional information award. After sending the award letter, Act of 1968, Title IX, Section 504 of the on these reporting requirements. the Agency will send an agreement that Rehabilitation Act of 1973, Executive b. Financial reporting. All recipients contains all the terms and conditions for Order 13166, Executive Order 11246, of DLT financial assistance must the grant. An applicant must execute and the Equal Credit Opportunity Act of and return the grant agreement, 1974, as they relate to the Rural provide an annual audit, beginning with accompanied by any additional items Development (Rural Development). the first year in which a portion of the required by the agreement, within the Nothing herein shall be interpreted to financial assistance is expended. Audits number of days specified in the prohibit preference to American Indians are governed by USDA audit selection notice letter. on Indian Reservations. regulations. See 7 CFR 1734.8 and 2 The policies contained in subpart E of CFR part 200, subpart F for a 2. Administrative and National Policy part 1901 apply to recipients. Recipients description of the audit requirements. Requirements of Federal financial assistance are c. Recipient and Sub-recipient The items listed in Section E of this required to comply with the applicable Reporting. The applicant must have the notice, the DLT Grant Program Federal, State and local laws. Title VI of necessary processes and systems in regulation, FY 2018 Application Guide the Civil Rights Act of 1964 and Section place to comply with the reporting and accompanying materials implement 504 of the Rehabilitation Act prohibit requirements for first-tier sub-awards the appropriate administrative and discrimination by recipients of Federal and executive compensation under the national policy requirements, which financial assistance. Recipients are Federal Funding Accountability and include but are not limited to: required to adhere to specific outreach Transparency Act of 2006 in the event a. Executing a DLT Grant Agreement. activities. These outreach activities the applicant receives funding, unless b. Using Form SF 270, ‘‘Request for include, contacting community such applicant is exempt from such Advance or Reimbursement,’’ to request organizations and leaders that include reporting requirements pursuant to 2 reimbursements (along with the minority leaders, advertising in local CFR 170.110(b). The reporting submission of receipts for expenditures, newspapers and other media throughout requirements under the Transparency timesheets, and any other the entire service area, and including Act pursuant to 2 CFR part 170 are as documentation to support the request the nondiscrimination slogan, ‘‘This is follows: for reimbursement). an Equal Opportunity Program. i. First Tier Sub-Awards of $25,000 or c. Providing annual project Discrimination is prohibited by Federal more (unless they are exempt under 2 performance activity reports until the Law, ‘‘in methods that may include, but CFR part 170) must be reported by the expiration of the award. not be limited to, advertisements, public recipient to https://www.fsrs.gov no d. Ensuring that records are broadcasts, and printed materials, such later than the end of the month maintained to document all activities as, brochures and pamphlets. All following the month the obligation was and expenditures utilizing DLT grant recipients must submit and have on file made. Please note that currently funds and matching funds (receipts for a valid Form RD 400–1, ‘‘Equal underway is a consolidation of eight expenditures are to be included in this Opportunity Agreement,’’ and RUS federal procurement systems, including documentation). Form 266 or RD Form 400–4, the Federal Sub-award Reporting e. Providing a final project ‘‘Assurance Agreement.’’ System (FSRS), into one system, the performance report. By signing Form 400–4 or 266, System for Award Management (SAM). f. Complying with policies, guidance, Assurance Agreement recipients affirm As a result, the FSRS will soon be and requirements as described in the that they will operate the program free consolidated into and accessed through following applicable Code of Federal from discrimination. The recipient will https://www.sam.gov. Regulations, and any successor maintain the race and ethnic data on the ii. The total compensation of the regulations: board members and beneficiaries of the recipient’s executives (the five most i. 2 CFR parts 200 and 400 (Uniform program. The Recipient will provide highly compensated executives) must be Administrative Requirements, Cost alternative forms of communication to reported by the recipient (if the Principles, and Audit Requirements for persons with limited English recipient meets the criteria under 2 CFR Federal Awards). proficiency. The Agency will conduct part 170) to https://www.sam.gov by the

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end of the month following the month Complaint Form, AD–3027, found a.m. and end at 5:00 p.m. On Friday, in which the award was made. online at https://www.ascr.usda.gov/ad- June 15, the meeting will begin at 8:30 iii. The total compensation of the sub- 3027-usda-program-discrimination- a.m. and end at 2:00 p.m. recipient’s executives (the five most complaint-form and at any USDA office ADDRESSES: The meeting will be held at highly compensated executives) must be or write a letter addressed to USDA and the U.S. Census Bureau Auditorium, reported by the sub-recipient (if the sub- provide in the letter all of the 4600 Silver Hill Road, Suitland, recipient meets the criteria under 2 CFR information requested in the form. Maryland 20746. part 170) to the recipient by the end of To request a copy of the complaint the month following the month in form, call (866) 632–9992. Submit your FOR FURTHER INFORMATION CONTACT: Tara which the sub-award was made. completed form or letter to USDA by: Dunlop Jackson, Branch Chief for d. Recordkeeping and Accounting. a. Mail: U.S. Department of Advisory Committees, Customer Liaison The agreement will contain provisions Agriculture, Office of the Assistant and Marketing Services Office, at related to record keeping and Secretary for Civil Rights, 1400 [email protected], accounting requirements. Independence Avenue SW, Washington, Department of Commerce, U.S. Census DC 20250–9410; Bureau, Room 8H177, 4600 Silver Hill G. Federal Awarding Agency Contacts b. Facsimile: (202) 690–7442; or Road, Washington, DC 20233, telephone 1. Website: https://www.rd.usda.gov/ c. Email: at [email protected]. 301–763–5222. For TTY callers, please programs-services/distance-learning- d. USDA is an equal opportunity use the Federal Relay Service 1–800– telemedicine-grants. The DLT website provider, employer, and lender. 877–8339. maintains up-to-date resources and Dated: March 22, 2018. SUPPLEMENTARY INFORMATION: The NAC contact information for the DLT Christopher A. McLean, was established in March 2012 and program. Acting Administrator, Rural Utilities Service. operates in accordance with the Federal 2. Telephone: 202–720–0800. [FR Doc. 2018–06503 Filed 4–2–18; 8:45 am] Advisory Committee Act (Title 5, 3. Fax: 1–844–885–8179. BILLING CODE P United States Code, Appendix 2, 4. Email: [email protected]. Section 10). The NAC members are 5. Main point of contact: Shawn appointed by the Director of the Census Arner, Deputy Assistant Administrator, DEPARTMENT OF COMMERCE Bureau and provide recommendations Office of Loan Origination and to the Director on statistical and data Approval, Rural Utilities Service, U.S. Bureau of the Census collection issues on topics such as hard- Department of Agriculture. to-reach populations, race and ethnicity, National Advisory Committee H. Other Information language, aging populations, American AGENCY: Bureau of the Census, Indian and Alaska Native tribal 1. USDA Non-Discrimination Statement Department of Commerce. considerations, new immigrant populations, populations affected by In accordance with Federal civil ACTION: Notice of public meeting. rights law and USDA civil rights natural disasters, highly mobile and regulations and policies, the USDA, its SUMMARY: The Bureau of the Census migrant populations, complex Agencies, offices, and employees, and (Census Bureau) gives notice of a households, rural populations, and institutions participating in or meeting of the National Advisory population segments with limited administering USDA programs are Committee on Racial, Ethnic and Other access to technology. The Committee prohibited from discriminating based on Populations (NAC). The NAC addresses also advises on data privacy and race, color, religion, sex, age, national policy, research, and technical issues confidentiality, among other issues. origin, marital status, sex, gender relating to all Census Bureau programs All meetings are open to the public. identity (including gender expression), and activities. These activities include A brief period will be set aside at the sexual orientation, familial status, the production and dissemination of meeting for public comment on Friday, disability, limited English proficiency, detailed demographic and economic June 15. However, individuals with or because all or a part of an statistics across all program areas, extensive questions or statements must individual’s income is derived from a including the Decennial Census submit them in writing to: public assistance program, political Program. The NAC is scheduled to meet census.national.advisory.committee@ beliefs, or reprisal or retaliation for prior in a plenary session on June 14–15, census.gov (subject line ‘‘June 2018 civil rights activity, in any program or 2018. Planned topics of discussion NAC Meeting Public Comment’’) or by activity conducted or funded by USDA include the following items: letter submission to Tara Dunlop (not all bases apply to all programs). • 2020 Census Program updates Jackson, Committee Liaison Officer, • Remedies and complaint filing 2020 Census Operations: Integrated Department of Commerce, U.S. Census Communications Plan Bureau, Room 8H177, 4600 Silver Hill deadlines vary by program or incident. • Persons with disabilities who require Undercount of Young Children Road, Washington, DC 20233. Working Group update alternative means of communication for • If you plan to attend the meeting, program information (e.g., Braille, large Integrated Partnership and please register by Monday, June 11. You print, audiotape, American Sign Communications Working Group may access the online registration from Language, etc.) should contact the update the following link: https:// responsible Agency or USDA’s TARGET Please visit the Census Advisory www.regonline.com/nac_meeting_ Center at 202–720–2600 (voice and Committees website for the most current june2018_active. Seating is available to TDD) or contact USDA through the meeting agenda at: http:// the public on a first-come, first-served Federal Relay Service at (800) 877–8339. www.census.gov/about/cac.html. The basis. Additionally, program information may meeting will be available via webcast at: This meeting is physically accessible be made available in languages other http://www.census.gov/newsroom/ to people with disabilities. Requests for than English. To file a program census-live.html. sign language interpretation or other discrimination complaint, complete the DATES: June 14–15, 2018. On Thursday, auxiliary aids should also be directed to USDA Program Discrimination June 14, the meeting will begin at 8:30 the Committee Liaison Officer as soon

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as known, and preferably two weeks part 200, ‘‘Uniform Administrative reporting threshold. The FAC plans to prior to the meeting. Requirements, Cost Principles, and put this information on their website. Due to security protocols and for Audit Requirements for Federal II. Method of Collection access to the meeting, please call 301– Awards,’’ (Uniform Guidance) to have 763–9906 upon arrival at the Census audits conducted of their Federal The information will be collected Bureau on the day of the meeting. A awards and file the resulting reporting electronically through the FAC’s web- photo ID must be presented in order to packages (Single Audit reports) and data based internet Data Entry System (IDES) receive your visitor’s badge. Visitors are collection forms (Form SF–SAC) with available at https:// not allowed beyond the first floor. the Federal Audit Clearinghouse (FAC). harvester.census.gov/facides. IDES can Dated: March 28, 2018. The Form SF–SAC is Appendix X to 2 also be accessed by visiting the FAC Ron S. Jarmin, CFR part 200. The Office of homepage at https:// Associate Director for Economic Programs, Management and Budget (OMB) has harvester.census.gov/facweb and then Performing the Non-Exclusive Functions, and designated the Census Bureau as the clicking ‘‘Submit an Audit’’. Duties of the Director, Bureau of the Census. FAC to serve as the government-wide III. Data [FR Doc. 2018–06719 Filed 4–2–18; 8:45 am] repository of record for Single Audit OMB Control Number: 0607–0518. BILLING CODE 3510–07–P reports. The Single Audit process is a primary Form Number(s): SF–SAC. method Federal agencies and pass- Type of Review: Regular submission. DEPARTMENT OF COMMERCE through entities use to provide oversight Affected Public: States, local for Federal awards and reduce risk of governments, Indian tribes, institutions Census Bureau non-compliance and improper of higher education, non-profit payments. This includes following up organizations (Non-Federal entities) and Proposed Information Collection; on audit findings and questioned costs. their auditors. Comment Request; Data Collection The proposed changes are to revise Estimated Number of Respondents: Form for Reporting on Audits of some existing data elements and add 80,000 (40,000 auditees and 40,000 States, Local Governments, Indian data elements that would make the auditors). Tribes, Institutions of Higher reports easier for Federal agencies, pass- Estimated Time per Response: 70 Education, and Non-Profit through entities, and the public to use. hours for each of the 400 large Organizations The proposed changes are to include respondents and 21 hours for each of AGENCY: U.S. Census Bureau, the following required elements of the the 79,600 small respondents. Commerce. reporting package on the data collection Estimated Total Annual Burden ACTION: Notice. form: The text of the federal award audit Hours: 1,699,600. findings, the text of the corrective action Estimated Total Annual Cost to SUMMARY: The Department of plan, and the notes to the schedule of Public: $0. (This is not the cost of Commerce, as part of its continuing expenditures of federal awards (SEFA). respondents’ time, but the indirect costs effort to reduce paperwork and The proposed revisions to the Form SF– respondents may incur for such things respondent burden, invites the general SAC can be obtained by download from as purchases of specialized software or public and other Federal agencies to the FAC homepage at https:// hardware needed to report, or take this opportunity to comment on harvester.census.gov/facweb or by expenditures for accounting or records proposed and/or continuing information contacting the Federal Audit maintenance services required collections, as required by the Clearinghouse at [email protected] or specifically by the collection.) Paperwork Reduction Act of 1995. 800–253–0696. Respondent’s Obligation: Mandatory. DATES: To ensure consideration, written This is a reinstatement, with changes, Legal Authority: Title 31 U.S.C. comments must be submitted on or of Form SF–SAC, OMB control number Section 7501 et. seq. and 2 CFR part before June 4, 2018. 0607–0518. Prior to the year 1997, the 200. ADDRESSES: Direct all written comments Census Bureau was responsible for the IV. Request for Comments to Jennifer Jessup, Departmental OMB clearance approval process using Paperwork Clearance Officer, OMB control number 0607–0518. In Comments are invited on: (a) Whether Department of Commerce, Room 6616, 1997, OMB took over the approval the proposed collection of information 14th and Constitution Avenue NW, process for the Form SF–SAC under is necessary for the proper performance Washington, DC 20230 (or via the OMB control number 0348–0057 of the functions of the agency, including internet at [email protected]). (currently expiring June 30, 2019). The whether the information shall have FOR FURTHER INFORMATION CONTACT: Census Bureau is now resuming practical utility; (b) the accuracy of the Requests for additional information or responsibility for obtaining OMB agency’s estimate of the burden copies of the information collection clearance under the original OMB (including hours and cost) of the instrument(s) and instructions should control number 0607–0518. The FAC proposed collection of information; (c) be directed to the Federal Audit will continue to collect Single Audit ways to enhance the quality, utility, and Clearinghouse at [email protected] or reports from prior audit years, going clarity of the information to be 800–253–0696. back to audit year 2013, to collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: accommodate late submissions and burden of the collection of information revisions. Late submissions or revisions on respondents, including through the I. Abstract from prior years are to use the version use of automated collection techniques Non-Federal entities (states, local of the Form SF–SAC applicable to that or other forms of information governments, Indian tribes, institutions audit year. The FAC also plans to allow technology. of higher education, and nonprofit Non-Federal entities who did not meet Comments submitted in response to organizations) are required by the Single the threshold requiring submission of a this notice will be summarized and/or Audit Act Amendments of 1996 (31 Single Audit report to voluntarily notify included in the request for OMB U.S.C. 7501, et seq.) (Act) and 2 CFR the FAC that they did not meet the approval of this information collection;

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they also will become a matter of public materials prior to the meeting to Ms. Spain.1 Commerce conducted this record. Lewis via email. review in accordance with section The Assistant Secretary for 751(a)(1)(B) of the Tariff Act of 1930, as Sheleen Dumas, Administration, with the concurrence of amended.2 Departmental Lead PRA Officer, Office of the the delegate of the General Counsel, Scope of the Order Chief Information Officer. formally determined on January 4, 2018, [FR Doc. 2018–06705 Filed 4–2–18; 8:45 am] pursuant to Section 10(d) of the Federal The merchandise covered by the order BILLING CODE 3510–07–P Advisory Committee Act, as amended (5 is SSB products and is currently U.S.C. app. 2 § (l0)(d)), that the portion classified under the following of the meeting concerning trade secrets Harmonized Tariff Schedule of the DEPARTMENT OF COMMERCE and commercial or financial information United States (HTSUS) subheadings: deemed privileged or confidential as 7222.10.00, 7222.11.00, 7222.19.00, Bureau of Industry and Security 7222.20.00, and 7222.30.00. Although Information Systems described in 5 U.S.C. 552b(c)(4) and the portion of the meeting concerning the HTSUS subheadings are provided Technical Advisory Committee; Notice matters the disclosure of which would for convenience and customs purposes, of Partially Closed Meeting be likely to frustrate significantly the written description of the scope of implementation of an agency action as the order is dispositive.3 The Information Systems Technical described in 5 U.S.C. 552b(c)(9)(B) shall Analysis of Comments Received Advisory Committee (ISTAC) will meet be exempt from the provisions relating on April 25 and 26, 2018, 9:00 a.m., in to public meetings found in 5 U.S.C. All issues raised in the case and rebuttal briefs by parties to this the Herbert C. Hoover Building, Room app. 2 §§ 10(a)(1) and l0(a)(3). The administrative review are addressed in 3884, 14th Street between Constitution remaining portions of the meeting will the Issues and Decision Memorandum.4 and Pennsylvania Avenues NW, be open to the public. Washington, DC. The Committee For more information, call Joanna M. A list of the issues that parties raised advises the Office of the Assistant Lewis at (202) 482–6440. and to which we responded is attached Secretary for Export Administration on to this notice as an Appendix. The technical questions that affect the level Joanna M. Lewis, Issues and Decision Memorandum is a of export controls applicable to Committee Liaison Officer. public document and is on-file information systems equipment and [FR Doc. 2018–06720 Filed 4–2–18; 8:45 am] electronically via Enforcement and technology. BILLING CODE 3510–JT–P Compliance’s Antidumping and Countervailing Duty Centralized Wednesday, April 25, 2018 Electronic Service System (ACCESS). Open Session DEPARTMENT OF COMMERCE ACCESS is available to registered users at https://access.trade.gov and in the 1. Welcome and Introductions International Trade Administration Central Records Unit (CRU), Room 2. Working Group Reports [A–469–805] B8024 of the main Department of 3. Old Business Commerce building. In addition, a 4. Learnings from Semiconductor and Stainless Steel Bar From Spain: Final complete version of the Issues and Device Roadmaps: 10, 7, 5nm and Results of Antidumping Duty Decision Memorandum can be accessed beyond Administrative Review; 2016–2017 directly on the internet at http:// 5. Industry Wassenaar Proposals for enforcement.trade.gov/frn/index.html. AGENCY: 2019 Enforcement and Compliance, The signed Issues and Decision International Trade Administration, Thursday, April 26, 2018 Department of Commerce. 1 See Stainless Steel Bar from Spain: Preliminary Closed Session SUMMARY: The Department of Commerce Results of Antidumping Duty Administrative (Commerce) determines that Sidenor Review; 2016–2017, 82 FR 57208 (December 4, 6. Discussion of matters determined to 2017). Aceros Especiales S.L. (Sidenor), an 2 Commerce has exercised its discretion to toll be exempt from the provisions exporter/producer of stainless steel bar deadlines for the duration of the closure of the relating to public meetings found in (SSB) from Spain, sold subject Federal Government from January 20 through 22, 5 U.S.C. app. 2 §§ 10(a)(1) and merchandise in the United States at 2018. If the new deadline falls on a non-business 10(a)(3). day, in accordance with Commerce’s practice, the prices below normal value during the deadline will become the next business day. The The open sessions will be accessible period of review (POR), March 1, 2016, revised deadline for the final results of this review via teleconference to 25 participants on through February 28, 2017. is now April 6, 2018. See Memorandum for The Record from Christian Marsh, Deputy Assistant a first come, first serve basis. To join the DATES : Applicable April 3, 2018. Secretary for Enforcement and Compliance, conference, submit inquiries to Ms. FOR FURTHER INFORMATION CONTACT: performing the non-exclusive functions and duties Joanna M. Lewis at Joanna.Lewis@ Carrie Bethea or Kabir Archuletta, AD/ of the Assistant Secretary for Enforcement and bis.doc.gov no later than, April 18, 2018. CVD Operations, Office V, Enforcement Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (Tolling A limited number of seats will be and Compliance, International Trade Memorandum), dated January 23, 2018. All available for the public session. Administration, U.S. Department of deadlines in this segment of the proceeding have Reservations are not accepted. To the Commerce, 1401 Constitution Avenue been extended by 3 days. extent that time permits, members of the NW, Washington, DC 20230; telephone: 3 The HTSUS numbers provided in the scope public may present oral statements to changed since the publication of the order. See (202) 482–1491 or (202) 482–2593, Amended Final Determination and Antidumping the Committee. The public may submit respectively. Duty Order: Stainless Steel Bar from Spain, 60 FR written statements at any time before or 11656 (March 2, 1995). after the meeting. However, to facilitate Background 4 See Memorandum, ‘‘Certain Stainless Steel Bar the distribution of public presentation On December 4, 2017, Commerce from Spain: Issues and Decision Memorandum for the Final Results of the Antidumping Duty materials to the Committee members, published the preliminary results of the Administrative Review; 2016–2017,’’ dated the Committee suggests that presenters administrative review of the concurrently with, and hereby adopted by, this forward the public presentation antidumping duty order on SSB from notice (Issues and Decision Memorandum).

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Memorandum and the electronic review, or the original investigation, but Comment: The Date Fields in the Home versions of the Issues and Decision the producer is, the cash deposit rate Market and Margin Program Memorandum are identical in content. will be the rate established for the most VI. Recommendation recently completed segment of this [FR Doc. 2018–06722 Filed 4–2–18; 8:45 am] Changes Since the Preliminary Results proceeding for the producer of the BILLING CODE 3510–DS–P Based on a review of the record and subject merchandise; and (4) the cash comments received from interested deposit rate for all other manufacturers parties, we have recalculated Sidenor’s or exporters will continue to be 25.77 DEPARTMENT OF COMMERCE weighted-average dumping margin. For percent, the all-others rate established further discussion, see the Issues and in the investigation.5 These cash deposit International Trade Administration Decision Memorandum. requirements, when imposed, shall [C–552–824] Final Results of the Review remain in effect until further notice. Laminated Woven Sacks From the We determine that, for the period of Notification to Importers Socialist Republic of Vietnam: March 1, 2016, through February 28, This notice also serves as a final Initiation of Countervailing Duty 2017, the following weighted-average reminder to importers of their Investigation dumping margin exists: responsibility under 19 CFR AGENCY: Enforcement and Compliance, 351.402(f)(2) to file a certificate Weighted- International Trade Administration, regarding the reimbursement of average Department of Commerce. Exporter/producer dumping antidumping duties prior to liquidation margin of the relevant entries during this POR. DATES: Applicable April 3, 2018. (percent) Failure to comply with this requirement FOR FURTHER INFORMATION CONTACT: Sidenor Aceros Especiales, could result in the Secretary’s Thomas Martin or Maisha Cryor, AD/ S.L ...... 3.81 presumption that reimbursement of CVD Operations, Office IV, Enforcement antidumping and/or countervailing and Compliance, International Trade Duty Assessment duties occurred and the subsequent Administration, U.S. Department of assessment of doubled antidumping Commerce, 1401 Constitution Avenue Commerce shall determine, and U.S. duties. NW, Washington, DC 20230; telephone: Customs and Border Protection (CBP) (202) 482–3936 or (202) 482–5831, shall assess, antidumping duties on all Administrative Protective Order respectively. appropriate entries covered by this This notice also serves as a reminder SUPPLEMENTARY INFORMATION: review. to parties subject to administrative In accordance with Commerce’s protective orders (APO) of their The Petition ‘‘automatic assessment’’ practice, for responsibility concerning the return or entries of subject merchandise during On March 7, 2018, the U.S. destruction of proprietary information Department of Commerce (Commerce) the POR produced by Sidenor for which disclosed under APO in accordance it did not know that the merchandise received a countervailing duty (CVD) with 19 CFR 351.305(a)(3), which Petition concerning imports of was destined for the United States, we continues to govern business will instruct CBP to liquidate those laminated woven sacks (LWS) from the proprietary information in this segment Socialist Republic of Vietnam entries at the all-others rate if there is no of the proceeding. Timely written rate for the intermediate company(ies) (Vietnam), filed in proper form on notification of the return/destruction of behalf of the Laminated Woven Sacks involved in the transaction. APO materials, or conversion to judicial We intend to issue instructions to Fair Trade Coalition and its individual protective order, is hereby requested. CBP 15 days after the publication date members Polytex Fibers Corporation Failure to comply with the regulations of the final results of this review. and ProAmpac Holdings Inc., and the terms of an APO is a (collectively, the petitioners).1 The CVD Cash Deposit Requirements sanctionable violation. Petition was accompanied by an The following cash deposit We are issuing and publishing this antidumping (AD) Petition concerning requirements will be effective upon notice in accordance with sections imports of laminated woven sacks from publication of the notice of final results 751(a)(1) and 777(i)(1) of the Act and 19 Vietnam. The petitioners are domestic of administrative review for all CFR 351.213(h). producers of LWS.2 shipments of the subject merchandise Dated: March 23, 2018. On March 12, 16, and 26, 2018, entered, or withdrawn from warehouse, Gary Taverman, Commerce requested supplemental for consumption on or after the Deputy Assistant Secretary for Antidumping information pertaining to certain areas publication date of the final results of and Countervailing Duty Operations, of the Petition.3 The petitioners filed this administrative review, as provided performing the non-exclusive functions and by section 751(a)(2)(C) of the Act: (1) duties of the Assistant Secretary for 1 See Letter to the Secretary of Commerce The cash deposit rate for Sidenor will be Enforcement and Compliance. ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks the rate established in the final results Appendix—List of Topics Discussed in from the Socialist Republic of Vietnam (March 7, of this administrative review; (2) for the Final Decision Memorandum 2018) (the Petition). merchandise exported by producers or 2 See Volume I of the Petition, at 3 and Exhibit exporters not covered in this I. Summary I–3. administrative review but covered in a II. List of Comments 3 See Commerce Letter re: ‘‘Petitions for the Imposition of Antidumping and Countervailing prior segment of the proceeding, the III. Background IV. Scope of the Order Duties on Imports of Laminated Woven Sacks from cash deposit rate will continue to be the V. Discussion of Comments the Socialist Republic of Vietnam: Supplemental company-specific rate published for the Questions,’’ dated March 12, 2018; see also most recently completed segment of this Commerce Letter re: ‘‘Petition for the Imposition of 5 See Notice of Final Determination of Sales at Antidumping Duties on Imports of Laminated proceeding; (3) if the exporter is not a Less Than Fair Value: Stainless Steel Bar from Woven Sacks from the Socialist Republic of firm covered in this review, a prior Spain, 59 FR 66931 (December 28, 1994). Continued

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responses to these requests on March Period of Investigation factual information, must be filed by 4 5 14, 2018, March 15, 2018, March 19, Because the Petition was filed on 5:00 p.m. ET on Thursday April 26, 6 7 2018, and March 27, 2018. On March March 7, 2018, the period of 2018, which is 10 calendar days from 15 23, 2018, Commerce held consultations investigation is January 1, 2017, through the initial comments deadline. with respect to the Petition with the December 31, 2017. Commerce requests that any factual 8 Government of Vietnam (GOV). information the parties consider In accordance with section 702(b)(1) Scope of the Investigation relevant to the scope of the investigation of the Tariff Act of 1930, as amended The products covered by this be submitted during this time period. (the Act), the petitioners allege that the investigation are LWS from Vietnam. However, if a party subsequently finds GOV is providing countervailable For a full description of the scope of this that additional factual information subsidies, within the meaning of investigation, see the ‘‘Scope of the pertaining to the scope of the sections 701 and 771(5) of the Act, to Investigation,’’ in the Appendix to this investigation may be relevant, the party producers of LWS in Vietnam, and notice. may contact Commerce and request imports of such products are materially permission to submit the additional injuring, or threatening material injury Comments on Scope of the Investigation information. All such submissions must to, the domestic industry producing During our review of the Petition, be filed on the records of the concurrent LWS in the United States. Consistent Commerce issued questions to, and AD and CVD investigations of LWS from with section 702(b)(1) of the Act and 19 received responses from, the petitioners Vietnam. CFR 351.202(b), for those alleged pertaining to the proposed scope to programs on which we are initiating a ensure that the scope language in the Filing Requirements CVD investigation, the Petition is Petition would be an accurate reflection accompanied by information reasonably of the products for which the domestic All submissions to Commerce must be available to the petitioners supporting industry is seeking relief.10 Commerce filed electronically using Enforcement their allegations. also held two conference calls with the and Compliance’s Antidumping Duty Commerce finds that the petitioners petitioners regarding the scope and Countervailing Duty Centralized filed this Petition on behalf of the language.11 As a result of these Electronic Service System (ACCESS).16 domestic industry because the exchanges, the scope of the Petition was An electronically filed document must petitioners are an interested party as modified to clarify the description of be received successfully in its entirety defined in section 771(9)(C), (E) and (F) merchandise covered by the Petition.12 by the time and date it is due. of the Act. Commerce also finds that the The description of the merchandise Documents exempted from the petitioners demonstrated sufficient covered by this initiation, as described electronic submission requirements industry support with respect to the in the Appendix to this notice, reflects must be filed manually (i.e., in paper initiation of the CVD investigation that these clarifications. form) with Enforcement and the petitioners are requesting.9 As discussed in the Preamble to Compliance’s APO/Dockets Unit, Room Commerce’s regulations, we are setting 18022, U.S. Department of Commerce, Vietnam: Supplemental Questions,’’ dated March aside a period for interested parties to 1401 Constitution Avenue NW, 12, 2018. See also Memorandum, ‘‘Petitions for the raise issues regarding product coverage Washington, DC 20230, and stamped Imposition of Antidumping and Countervailing 13 Duties on Laminated Woven Sacks from the (scope). Commerce will consider all with the date and time of receipt by the Socialist Republic of Vietnam, Phone Call with comments received from interested applicable deadlines. Counsel to the Petitioners,’’ dated March 16, 2018. parties and, if necessary, will consult See also Memorandum, ‘‘Petitions for the with interested parties prior to the Consultations Imposition of Antidumping and Countervailing Duties on Laminated Woven Sacks from the issuance of the preliminary Pursuant to sections 702(b)(4)(A)(i) Socialist Republic of Vietnam, Phone Call with determination. If scope comments and (ii) of the Act, Commerce notified Counsel to the Petitioners,’’ dated March 26, 2018. include factual information, all such 4 representatives of the GOV of the receipt See Petitioners’ Letter, ‘‘Investigation of factual information should be limited to Laminated Woven Sacks From the Socialist 14 of the CVD Petition, and provided them Republic of Vietnam: Petitioners’ Responses to public information. To facilitate with an opportunity for consultations Supplemental Questions Relating to Volume I: preparation of its questionnaires, 17 General Issues,’’ dated March 14, 2018 (General with respect to the Petition. In Commerce requests all interested parties response to Commerce’s invitation, the Issues Supplement). submit such comments by 5:00 p.m. 5 See Letter from the petitioners, ‘‘Investigation of GOV met with Commerce officials on Eastern Time (ET) on Monday April 16, Laminated Woven Sacks From the Socialist March 23, 2018. Republic of Vietnam: Petitioners’ Responses to 2018, which is 20 calendar days from Supplemental Questions Relating to Volume III: the signature date of this notice. Any 15 See 19 CFR 351.303(b). Countervailing Duties,’’ dated March 15, 2018 (CVD rebuttal comments, which may include 16 Supplement). See Antidumping and Countervailing Duty 6 See Petitioners’ Letter, ‘‘Investigation of Proceedings: Electronic Filing Procedures; Laminated Woven Sacks From the Socialist 10 See General Issues 2–5. Administrative Protective Order Procedures, 76 FR Republic of Vietnam: Petitioners’ Responses to 11 See Memorandum, ‘‘Petitions for the 39263 (July 6, 2011). See also Enforcement and Second Supplemental Questions Relating to Imposition of Antidumping and Countervailing Compliance: Change of Electronic Filing System Volume I: General Issues,’’ dated March 19, 2018 Duties on Laminated Woven Sacks from the Name, 79 FR 69046 (November 20, 2014) for details (Second General Issues Supplement). Socialist Republic of Vietnam, Phone Call with of Commerce’s electronic filing requirements, 7 See Petitioners’ Letter, ‘‘Investigation of Counsel to the Petitioners,’’ dated March 16, 2018; which went into effect on August 5, 2011. Laminated Woven Sacks From the Socialist see also Memorandum, ‘‘Petitions for the Information on help using ACCESS can be found at Republic of Vietnam: Petitioners’ Responses to Imposition of Antidumping and Countervailing https://access.trade.gov/ help.aspx, and a handbook Second Supplemental Questions Relating to Duties on Laminated Woven Sacks from the can be found at https://access.trade.gov/help/ Volume I: General Issues,’’ dated March 27, 2018 Socialist Republic of Vietnam, Phone Call with Handbook%20on%20Electronic%20Filling%20 (Third General Issues Supplement). Counsel to the Petitioners,’’ dated March 26, 2018. Procedures.pdf. 8 See Memorandum, ‘‘Consultations with Officials 12 See Second General Issues Supplement; see 17 See Letter from Robert Bolling, Acting Director, from the Government of Vietnam (GOV) Regarding also, Third General Issues Supplement. AD/CVD Operations, Office IV, Enforcement and the Countervailing Duty (CVD) Petition on 13 See Antidumping Duties; Countervailing Compliance, to the Embassy of Vietnam Laminated Woven Sacks from Vietnam,’’ dated Duties, Final Rule, 62 FR 27296, 27323 (May 19, ‘‘Countervailing Duty Petition on Laminated Woven March 26, 2018. 1997) (Preamble). Sacks from Vietnam: Invitation for Consultations to 9 See ‘‘Determination of Industry Support for the 14 See 19 CFR 351.102(b)(21) (defining ‘‘factual Discuss the Countervailing Duty Petition,’’ dated Petition’’ section, below. information’’). March 8, 2018.

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Determination of Industry Support for be investigated, which normally will be production of the domestic like product the Petition the scope as defined in the Petition). and, as such, Commerce is not required Section 702(b)(1) of the Act requires With regard to the domestic like to take further action in order to that a petition be filed on behalf of the product, the petitioners do not offer a evaluate industry support (e.g., domestic industry. Section 702(c)(4)(A) definition of the domestic like product polling).25 Second, the domestic of the Act provides that a petition meets distinct from the scope of the Petition. producers (or workers) have met the this requirement if the domestic Based on our analysis of the information statutory criteria for industry support producers or workers who support the submitted on the record, we have under section 702(c)(4)(A)(i) of the Act petition account for: (i) At least 25 determined that LWS, as defined in the because the domestic producers (or percent of the total production of the scope, constitute a single domestic like workers) who support the Petition domestic like product; and (ii) more product and we have analyzed industry account for at least 25 percent of the support in terms of that domestic like total production of the domestic like than 50 percent of the production of the 20 domestic like product produced by that product. product.26 Finally, the domestic In determining whether the portion of the industry expressing producers (or workers) have met the petitioners have standing under section support for, or opposition to, the statutory criteria for industry support 702(c)(4)(A) of the Act, we considered petition. Moreover, section 702(c)(4)(D) under section 702(c)(4)(A)(ii) of the Act the industry support data contained in of the Act provides that, if the petition because the domestic producers (or the Petition with reference to the does not establish support of domestic workers) who support the Petition domestic like product as defined in the producers or workers accounting for account for more than 50 percent of the ‘‘Scope of the Investigation,’’ in the more than 50 percent of the total production of the domestic like product Appendix to this notice. To establish production of the domestic like product, produced by that portion of the industry industry support, the petitioners Commerce shall: (i) Poll the industry or expressing support for, or opposition to, provided their shipments of the rely on other information in order to the Petition.27 Accordingly, Commerce domestic like product in 2017, and determine if there is support for the determines that the Petition was filed on compared these shipments to the petition, as required by subparagraph behalf of the domestic industry within estimated total shipments of the (A); or (ii) determine industry support the meaning of section 702(b)(1) of the domestic like product for the entire using a statistically valid sampling Act. domestic industry.21 Because total method to poll the ‘‘industry.’’ Commerce finds that the petitioners industry production data for the Section 771(4)(A) of the Act defines filed the Petition on behalf of the domestic like product for 2017 are not the ‘‘industry’’ as the producers, as a domestic industry because they are reasonably available to the petitioners, whole, of a domestic like product. Thus, interested parties as defined in sections and the petitioners have established that to determine whether a petition has the shipments are a reasonably proxy for 771(9)(C), (E), and (F) of the Act, and requisite industry support, the statute production data,22 we have relied on the they have demonstrated sufficient directs Commerce to look to producers data the petitioners provided for industry support with respect to the and workers who produce the domestic purposes of measuring industry CVD investigation that they are like product. The International Trade 28 support.23 requesting that Commerce initiate. Commission (ITC), which is responsible Our review of the data provided in the Injury Test for determining whether ‘‘the domestic Petition, the General Issues Supplement, industry’’ has been injured, must also the Second General Issues Supplement, Because Vietnam is a ‘‘Subsidies determine what constitutes a domestic the CVD Supplement, and other Agreement Country’’ within the like product in order to define the information readily available to meaning of section 701(b) of the Act, industry. While both Commerce and the Commerce, indicates that the petitioners section 701(a)(2) of the Act applies to ITC must apply the same statutory have established industry support for this investigation. Accordingly, the ITC definition regarding the domestic like 24 must determine whether imports of the 18 the Petition. First, the Petition product, they do so for different established support from domestic subject merchandise from Vietnam purposes and pursuant to a separate and producers (or workers) accounting for materially injure, or threaten material distinct authority. In addition, more than 50 percent of the total injury to, a U.S. industry. Commerce’s determination is subject to limitations of time and information. Allegations and Evidence of Material 20 For a discussion of the domestic like product Injury and Causation Although this may result in different analysis, see Countervailing Duty Investigation definitions of the like product, such Initiation Checklist: Laminated Woven Sacks from The petitioners allege that imports of differences do not render the decision of the Socialist Republic of Vietnam (Vietnam CVD the subject merchandise are benefitting 19 Initiation Checklist), at Attachment II, Analysis of either agency contrary to law. Industry Support for the Antidumping and from countervailable subsidies and that Section 771(10) of the Act defines the Countervailing Duty Petitions Covering Laminated such imports are causing, or threaten to domestic like product as ‘‘a product Woven Sacks from the Socialist Republic of cause, material injury to the U.S. which is like, or in the absence of like, Vietnam (Attachment II). This checklist is dated industry producing the domestic like most similar in characteristics and uses concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. product. In addition, the petitioners with, the article subject to an Access to documents filed via ACCESS is also allege that subject imports exceed the investigation under this title.’’ Thus, the available in the Central Records Unit, Room B8024 negligibility threshold provided for reference point from which the of the main Department of Commerce building. under section 771(24)(A) of the Act.29 domestic like product analysis begins is 21 See Second General Issues Supplement, at 1 and Exhibit I–2S1. ‘‘the article subject to an investigation’’ 25 22 See General Issues Supplement, at 7 and See section 702(c)(4)(D) of the Act; see also (i.e., the class or kind of merchandise to Exhibit I–S3. Vietnam CVD Initiation Checklist, at Attachment II. 23 Id.; see also Second General Issues 26 See Vietnam CVD Initiation Checklist, at 18 See section 771(10) of the Act. Supplement, at 1 and Exhibit I–2S1. For further Attachment II. 19 See USEC, Inc. v. United States, 132 F. Supp. discussion, see Vietnam CVD Initiation Checklist, at 27 Id. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Attachment II. 28 Id. v. United States, 688 F. Supp. 639, 644 (CIT 1988), 24 See Vietnam CVD Initiation Checklist, at 29 See Volume I of the Petition, at Exhibit I–7; see aff’d 865 F.2d 240 (Fed. Cir. 1989)). Attachment II. also General Issues Supplement, at 9.

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The petitioners contend that the material injury by the ITC.33 The respondent selection within 20 days of industry’s injured condition is amendments to sections 776 and 782 of publication of this notice. illustrated by a significant and the Act are applicable to all Distribution of Copies of the Petition increasing volume of subject imports; determinations made on or after August reduced market share; underselling and 6, 2015, and, therefore, apply to this In accordance with section price depression or suppression; lost CVD investigation.34 702(b)(4)(A)(i) of the Act and 19 CFR sales and revenues; and a decline in 351.202(f), a copy of the public version U.S. shipments, capacity utilization, Respondent Selection of the Petition has been provided to the production, and financial The petitioners named 27 producers/ GOV via ACCESS. To the extent performance.30 We have assessed the exporters of LWS in Vietnam.35 practicable, we will attempt to provide allegations and supporting evidence Commerce intends to follow its standard a copy of the public version of the regarding material injury, threat of practice in CVD investigations and Petition to each exporter named in the material injury, and causation, and we calculate company-specific subsidy Petition, as provided under 19 CFR have determined that these allegations rates in this investigation. In the event 351.203(c)(2). are properly supported by adequate Commerce determines that the number ITC Notification evidence, and meet the statutory of companies is large and it cannot requirements for initiation.31 individually examine each company We will notify the ITC of our initiation, as required by section 702(d) Initiation of CVD Investigation based upon Commerce’s resources, where appropriate, Commerce intends of the Act. Based upon our examination of the to select mandatory respondents based Preliminary Determination by the ITC Petition, we find that the Petition meets on U.S. Customs and Border Protection the requirements of section 702 of the (CBP) data for U.S. imports of LWS from The ITC will preliminarily determine, Act. Specifically, we find that there is Vietnam during the POI under the within 45 days after the date on which sufficient information to initiate a CVD appropriate Harmonized Tariff Schedule the Petition was filed, whether there is investigation on 19 alleged programs. of the United States numbers listed in a reasonable indication that imports of Therefore, we are initiating a CVD the ‘‘Scope of the Investigation,’’ in the LWS from Vietnam are materially investigation to determine whether Appendix to this notice. injuring, or threatening material injury imports of LWS from Vietnam benefit On March 16, 2018, Commerce to, a U.S. industry.37 A negative ITC from countervailable subsidies released CBP data under Administrative determination will result in the conferred by the GOV. For a full Protective Order (APO) to all parties investigation being terminated.38 discussion of the basis for our decision with access to information protected by Otherwise, this investigation will to initiate on each program, see Vietnam APO and indicated that interested proceed according to statutory and CVD Initiation Checklist. A public parties wishing to comment regarding regulatory time limits. version of the initiation checklist for the CBP data and respondent selection Submission of Factual Information this investigation is available on must do so within three business days ACCESS. In accordance with section of the publication date of the notice of Factual information is defined in 19 703(b)(1) of the Act and 19 CFR initiation of this CVD investigation.36 CFR 351.102(b)(21) as: (i) Evidence 351.205(b)(1), unless postponed, we will Commerce will not accept rebuttal submitted in response to questionnaires; make our preliminary determination no comments regarding the CBP data or (ii) evidence submitted in support of later than 65 days after the date of this respondent selection. allegations; (iii) publicly available initiation. Interested parties must submit information to value factors under 19 Under the Trade Preferences applications for disclosure under APO CFR 351.408(c) or to measure the Extension Act of 2015, numerous in accordance with 19 CFR 351.305(b). adequacy of remuneration under 19 CFR amendments to the AD and CVD laws Instructions for filing such applications 351.511(a)(2); (iv) evidence placed on were made.32 The 2015 law does not may be found on the Commerce’s the record by Commerce; and (v) specify dates of application for those website at http://enforcement.trade.gov/ evidence other than factual information amendments. On August 6, 2015, apo. described in (i)–(iv). 19 CFR 351.301(b) Commerce published an interpretative Comments must be filed requires any party, when submitting rule, in which it announced the electronically using ACCESS. An factual information, to specify under applicability dates for each amendment electronically filed document must be which subsection of 19 CFR to the Act, except for amendments received successfully, in its entirety, by 351.102(b)(21) the information is being 39 contained in section 771(7) of the Act, ACCESS no later than 5:00 p.m. ET on submitted and, if the information is which relate to determinations of the deadline noted above. We intend to submitted to rebut, clarify, or correct finalize our decisions regarding factual information already on the 30 See Volume I of the Petition, at 14–25 and record, to provide an explanation Exhibits I–7 through I–9; see also General Issues Supplement, at 1, 9 and Exhibits I–S6 and I–S7. 33 See Dates of Application of Amendments to the identifying the information already on 31 See Vietnam CVD Initiation Checklist, at Antidumping and Countervailing Duty Laws Made the record that the factual information Attachment III, Analysis of Allegations and by the Trade Preferences Extension Act of 2015, 80 seeks to rebut, clarify, or correct.40 Time Evidence of Material Injury and Causation for the FR 46793 (August 6, 2015). limits for the submission of factual 34 Antidumping and Countervailing Duty Petitions See Applicability Notice, 80 FR at 46794–95. information are addressed in 19 CFR Covering Laminated Woven Sacks from the 35 See Volume I of the Petition at 7 and Exhibit Socialist Republic of Vietnam (Attachment III). I–5. 351.301, which provides specific time 32 See Trade Preferences Extension Act of 2015, 36 See Memorandum from Thomas Martin, Senior limits based on the type of factual Pub. L. 114–27, 129 Stat. 362 (2015). See also Dates International Trade Compliance Specialist, AD/CVD information being submitted. Interested of Application of Amendments to the Antidumping Operations, Office IV, Enforcement and Compliance parties should review the regulations and Countervailing Duty Laws Made by the Trade to Robert Bolling, Program Manager, AD/CVD Preferences Extension Act of 2015, 80 FR 46793 Operations, Office IV, Enforcement and Compliance 37 (August 6, 2015) (Applicability Notice). The 2015 ‘‘Laminated Woven Sacks from the Socialist See section 703(a)(2) of the Act. amendments may be found at https:// Republic of Vietnam Countervailing Duty Petition: 38 See section 703(a)(1) of the Act. www.congress.gov/bill/114th-congress/house-bill/ Release of Customs Data from U.S. Customs and 39 See 19 CFR 351.301(b). 1295/text/pl. Border Protection,’’ dated March 16, 2018. 40 See 19 CFR 351.301(b)(2).

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prior to submitting factual information This notice is issued and published purposes, the written description of the in this investigation. pursuant to sections 702 and 777(i) of scope is dispositive. the Act and 19 CFR 351.203(c). [FR Doc. 2018–06728 Filed 4–2–18; 8:45 am] Extensions of Time Limits Dated: March 27, 2018. BILLING CODE 3510–DS–P Parties may request an extension of Gary Taverman, time limits before the expiration of a time limit established under 19 CFR Deputy Assistant Secretary for Antidumping DEPARTMENT OF COMMERCE and Countervailing Duty Operations, 351.301, or as otherwise specified by the performing the non-exclusive functions and International Trade Administration Secretary. In general, an extension duties of the Assistant Secretary for request will be considered untimely if it Enforcement and Compliance. [A–552–823] is filed after the expiration of the time limit established under 19 CFR 351.301. Appendix—Scope of the Investigation Laminated Woven Sacks From the For submissions that are due from The merchandise covered by this Socialist Republic of Vietnam: multiple parties simultaneously, an investigation is laminated woven sacks. Initiation of Less-Than-Fair-Value extension request will be considered Laminated woven sacks are bags consisting of Investigation untimely if it is filed after 10:00 a.m. ET one or more plies of fabric consisting of on the due date. Under certain woven polypropylene strip and/or woven AGENCY: Enforcement and Compliance, polyethylene strip, regardless of the width of circumstances, we may elect to specify International Trade Administration, the strip; with or without an extrusion Department of Commerce. a different time limit by which coating of polypropylene and/or extension requests will be considered polyethylene on one or both sides of the DATES: Effective March 27, 2018. untimely for submissions which are due fabric; laminated by any method either to an FOR FURTHER INFORMATION CONTACT: from multiple parties simultaneously. In exterior ply of plastic film such as biaxially- Drew Jackson or Celeste Chen, AD/CVD such a case, we will inform parties in a oriented polypropylene (BOPP), polyester Operations, Office IV, Enforcement and letter or memorandum setting forth the (PET), polyethylene (PE), nylon, or any film Compliance, International Trade deadline (including a specified time) by suitable for printing, or to an exterior ply of paper; printed; displaying, containing, or Administration, U.S. Department of which extension requests must be filed comprising three or more visible colors (e.g., Commerce, 1401 Constitution Avenue to be considered timely. An extension laminated woven sacks printed with three NW, Washington, DC 20230; telephone: request must be made in a separate, different shades of blue would be covered by (202) 482–4406 or (202) 482–0890, stand-alone submission; under limited the scope), not including the color of the respectively. circumstances we will grant untimely- woven fabric; regardless of the type of SUPPLEMENTARY INFORMATION: filed requests for the extension of time printing process used; with or without lining; limits. Parties should review Extension with or without handles; with or without The Petition of Time Limits; Final Rule, 78 FR 57790 special closing features (including, but not limited to, closures that are sewn, glued, On March 7, 2018, the U.S. (September 20, 2013), available at easy-open (e.g., tape or thread), re-closable Department of Commerce (Commerce) http://www.gpo.gov/fdsys/pkg/FR-2013- (e.g., slider, hook and loop, zipper), hot- received an antidumping duty (AD) 09-20/html/2013-22853.htm, prior to welded, adhesive-welded, or press- to-close); Petition concerning imports of submitting factual information in this whether finished or unfinished (e.g., whether laminated woven sacks (LWS) from the investigation. or not closed on one end and whether or not Socialist Republic of Vietnam in roll form, including, but not limited to, Certification Requirements sheets, lay-flat, or formed in tubes); not (Vietnam), filed in proper form on behalf of the Laminated Woven Sacks Any party submitting factual exceeding one kilogram in actual weight. Fair Trade Coalition and its individual information in an AD or CVD Laminated woven sacks produced in the Socialist Republic of Vietnam are subject to members, Polytex Fibers Corporation proceeding must certify to the accuracy the scope regardless of the country of origin and ProAmpac Holdings Inc. and completeness of that information.41 of the fabric used to make the sack. (collectively, the petitioners).1 The AD Parties must use the certification Subject laminated woven sacks are Petition was accompanied by a formats provided in 19 CFR currently classifiable under Harmonized countervailing duty (CVD) petition 351.303(g).42 Commerce intends to Tariff Schedule of the United States (HTSUS) concerning imports of LWS from reject factual submissions if the subheading 6305.33.0040. If entered with Vietnam. The petitioners are domestic submitting party does not comply with plastic coating on both sides of the fabric producers of LWS.2 the applicable revised certification consisting of woven polypropylene strip and/ or woven polyethylene strip, laminated On March 12, 16, and 26, 2018, requirements. woven sacks may be classifiable under Commerce requested supplemental Notification to Interested Parties HTSUS subheadings 3923.21.0080, information pertaining to certain areas 3923.21.0095, and 3923.29.0000. If entered of the Petition.3 The petitioners filed Interested parties must submit not closed on one end or in roll form

applications for disclosure under APO (including, but not limited to, sheets, lay-flat 1 43 See Petitioners’ Letter, ‘‘Petitions for the in accordance with 19 CFR 351.305. tubing, and sleeves), laminated woven sacks Imposition of Antidumping and Countervailing may be classifiable under other HTSUS Duties on Laminated Woven Sacks From the 41 See section 782(b) of the Act. subheadings, including 3917.39.0050, Socialist Republic of Vietnam,’’ (March 7, 2018) 42 See also Certification of Factual Information to 3921.90.1100, 3921.90.1500, and (the Petition); see also Petitioners’ Letter Import Administration during Antidumping and 5903.90.2500. If the polypropylene strips ‘‘Antidumping and Countervailing Duty Countervailing Duty Proceedings, 78 FR 42678 (July and/or polyethylene strips making up the Investigations of Laminated Woven Sacks From the 17, 2013) (Final Rule); frequently asked questions fabric measure more than 5 millimeters in Socialist Republic of Vietnam: Correction to regarding the Final Rule, available at http:// width, laminated woven sacks may be Petitioner’s Name,’’ dated March 16, 2018 _ _ enforcement.trade.gov/tlei/notices/factual info classifiable under other HTSUS subheadings (clarifying the name of ProAmpac Holdings Inc.). _ _ _ 2 final rule FAQ 07172013.pdf. including 4601.99.0500, 4601.99.9000, and See Volume I of the Petition, at 2 and Exhibit 43 I–1. On January 22, 2008, Commerce published 4602.90.0000. Although HTSUS subheadings Antidumping and Countervailing Duty Proceedings: 3 See Commerce Letter re: ‘‘Petitions for the Documents Submission Procedures; APO are provided for convenience and customs Imposition of Antidumping and Countervailing Procedures, 73 FR 3634 (January 22, 2008). Parties Duties on Imports of Laminated Woven Sacks from wishing to participate in this investigation should procedures (e.g., the filing of letters of appearance the Socialist Republic of Vietnam: Supplemental ensure that they meet the requirements of these as discussed at 19 CFR 351.103(d)). Continued

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responses to these requests on March Scope of the Investigation Commerce requests that any factual 4 5 14, 2018, March 19, 2018, and March The products covered by this information the parties consider 6 27, 2018. investigation are LWS from Vietnam. relevant to the scope of the investigation In accordance with section 732(b) of For a full description of the scope of this be submitted during this time period. the Tariff Act of 1930, as amended (the investigation, see the ‘‘Scope of the However, if a party subsequently finds Act), the petitioners allege that imports Investigation,’’ in the Appendix to this that additional factual information of LWS from Vietnam are being, or are notice. pertaining to the scope of the likely to be, sold in the United States at investigation may be relevant, the party less than fair value within the meaning Comments on Scope of the Investigation may contact Commerce and request of section 731 of the Act, and that such During our review of the Petition, permission to submit the additional imports are materially injuring, or Commerce issued questions to, and information. All such comments must threatening material injury to, the received responses from, the petitioners be filed on the records of the concurrent domestic industry producing LWS in pertaining to the proposed scope to AD and CVD investigations of LWS from the United States. Consistent with ensure that the scope language in the Vietnam. section 732(b)(1) of the Act, the Petition Petition would be an accurate reflection Filing Requirements is accompanied by information of the products for which the domestic reasonably available to the petitioners industry is seeking relief.8 Commerce All submissions to Commerce must be supporting their allegations. also held two conference calls with the filed electronically using Enforcement Commerce finds that the petitioners petitioners regarding the scope and Compliance’s Antidumping Duty filed this Petition on behalf of the language.9 As a result of these and Countervailing Duty Centralized domestic industry because the exchanges, the scope of the Petition was Electronic Service System (ACCESS).14 petitioners are interested parties as modified to clarify the description of the An electronically filed document must defined in section 771(9)(C), (E) and (F) merchandise covered by the Petition.10 be received successfully in its entirety of the Act. Commerce also finds that the The description of the merchandise by the time and date it is due. petitioners demonstrated sufficient covered by this initiation, as described Documents exempted from the industry support with respect to the by the Appendix to this notice, reflects electronic submission requirements initiation of the AD investigation that these clarifications. must be filed manually (i.e., in paper the petitioners are requesting.7 As discussed in the preamble to form) with Enforcement and Period of Investigation Commerce’s regulations, we are setting Compliance’s APO/Dockets Unit, Room aside a period for interested parties to 18022, U.S. Department of Commerce, Because the Petition was filed on raise issues regarding product coverage 1401 Constitution Avenue NW, March 7, 2018, and Vietnam is a non- (scope).11 Commerce will consider all Washington, DC 20230, and stamped market economy (NME) country, comments received from interested with the date and time of receipt by the pursuant to 19 CFR 351.204(b)(1), the parties and, if necessary, will consult applicable deadlines. period of investigation (POI) is July 1, with interested parties prior to the 2017, through December 31, 2017. issuance of the preliminary Comments on Product Characteristics determination. If scope comments for AD Questionnaires Questions,’’ dated March 12, 2018; see also 12 Commerce Letter re: ‘‘Petition for the Imposition of include factual information, all such Commerce will provide interested Antidumping Duties on Imports of Laminated factual information should be limited to parties an opportunity to comment on Woven Sacks from the Socialist Republic of public information. To facilitate the appropriate physical characteristics Vietnam: Supplemental Questions,’’ dated March preparation of its questionnaires, of LWS to be reported in response to 12, 2018. See also Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Commerce requests all interested parties Commerce’s AD questionnaires. This Duties on Laminated Woven Sacks from the to submit such comments by 5:00 p.m. information will be used to identify the Socialist Republic of Vietnam, Phone Call with Eastern Time (ET) on Monday, April 16, key physical characteristics of the Counsel to the Petitioners,’’ dated March 16, 2018. 2018, which is 20 calendar days from See also Memorandum, ‘‘Petitions for the merchandise under consideration in Imposition of Antidumping and Countervailing the signature date of this notice. Any order to report the relevant production Duties on Laminated Woven Sacks from the rebuttal comments, which may include information accurately as well as to Socialist Republic of Vietnam, Phone Call with factual information, must be filed by develop appropriate product- Counsel to the Petitioners,’’ dated March 26, 2018. 5:00 p.m. ET on Thursday, April 26, 4 See Petitioners’ Letter, ‘‘Investigation of comparison criteria. Laminated Woven Sacks From the Socialist 2018, which is 10 calendar days from Interested parties may provide any Republic of Vietnam: Petitioners’ Responses to the initial comments deadline.13 information or comments that they Supplemental Questions Relating to Volume I: believe are relevant to the development General Issues’’ dated March 14, 2018 (General 8 See General Issues Supplement; see also Second Issues Supplement); see also Petitioners’ Letter, of an accurate list of physical General Issues Supplement. characteristics. Specifically, they may ‘‘Investigation of Laminated Woven Sacks From the 9 Socialist Republic of Vietnam: Petitioners’ See Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on provide comments as to which Responses to Supplemental Questions Relating to characteristics are appropriate to use as: Volume II: Antidumping Duties,’’ dated March 14, Laminated Woven Sacks from the Socialist 2018 (AD Supplement). Republic of Vietnam, Phone Call with Counsel to (1) General product characteristics and the Petitioners,’’ dated March 16, 2018; see also 5 See Petitioners’ Letter, ‘‘Investigation of Memorandum, ‘‘Petitions for the Imposition of Laminated Woven Sacks From the Socialist 14 See Antidumping and Countervailing Duty Antidumping and Countervailing Duties on Republic of Vietnam: Petitioners’ Responses to Proceedings: Electronic Filing Procedures; Laminated Woven Sacks from the Socialist Second Supplemental Questions Relating to Administrative Protective Order Procedures, 76 FR Republic of Vietnam, Phone Call with Counsel to Volume I: General Issues,’’ dated March 19, 2018 39263 (July 6, 2011); see also Enforcement and the Petitioners,’’ dated March 26, 2018. (Second General Issues Supplement). Compliance; Change of Electronic Filing System 10 6 See Petitioners’ Letter, ‘‘Investigation of See Second General Issues Supplement; see Name, 79 FR 69046 (November 20, 2014) for details Laminated Woven Sacks From the Socialist also Third General Issues Supplement. of Commerce’s electronic filing requirements, Republic of Vietnam: Petitioners’ Responses to 11 See Antidumping Duties; Countervailing which went into effect on August 5, 2011. Second Supplemental Questions Relating to Duties, Final Rule, 62 FR 27296, 27323 (May 19, Information on help using ACCESS can be found at Volume I: General Issues,’’ dated March 27, 2018 1997). https://access.trade.gov/help.aspx and a handbook (Third General Issues Supplement). 12 See 19 CFR 351.102(b)(21) (defining ‘‘factual can be found at https://access.trade.gov/help/ 7 See the ‘‘Determination of Industry Support for information’’). Handbook%20on%20Electronic%20Filling the Petition’’ section, below. 13 See 19 CFR 351.303(b). %20Procedures.pdf.

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(2) product-comparison criteria. We like product. The International Trade domestic like product for the entire note that it is not always appropriate to Commission (ITC), which is responsible domestic industry.18 Because total use all product characteristics as for determining whether ‘‘the domestic industry production data for the product-comparison criteria. We base industry’’ has been injured, must also domestic like product for 2017 are not product-comparison criteria on determine what constitutes a domestic reasonably available to the petitioners, meaningful commercial differences like product in order to define the and the petitioners have established that among products. In other words, industry. While both Commerce and the shipments are a reasonable proxy for although there may be some physical ITC must apply the same statutory production data,19 we have relied on the product characteristics utilized by definition regarding the domestic like data the petitioners provided for manufacturers to describe LWS, it may product,15 they do so for different purposes of measuring industry be that only a select few product purposes and pursuant to a separate and support.20 characteristics take into account distinct authority. In addition, Our review of the data provided in the commercially meaningful physical Commerce’s determination is subject to Petition, the General Issues Supplement, characteristics. In addition, interested limitations of time and information. the Second General Issues Supplement, parties may comment on the order in Although this may result in different and other information readily available which the physical characteristics definitions of the like product, such to Commerce indicates that the should be used in matching products. differences do not render the decision of petitioners have established industry Generally, Commerce attempts to list either agency contrary to law.16 support for the Petition.21 First, the the most important physical Section 771(10) of the Act defines the Petition established support from characteristics first and the least domestic like product as ‘‘a product domestic producers (or workers) important characteristics last. which is like, or in the absence of like, accounting for more than 50 percent of In order to consider the suggestions of most similar in characteristics and uses the total production of the domestic like interested parties in developing and with, the article subject to an product and, as such, Commerce is not issuing the AD questionnaire, all investigation under this title.’’ Thus, the required to take further action in order product characteristics comments must reference point from which the to evaluate industry support (e.g., be filed by 5:00 p.m. ET on April 16, domestic like product analysis begins is polling).22 Second, the domestic 2018. Any rebuttal comments must be ‘‘the article subject to an investigation’’ producers (or workers) have met the filed by 5:00 p.m. ET on April 26, 2018. (i.e., the class or kind of merchandise to statutory criteria for industry support All comments and submissions to be investigated, which normally will be under section 732(c)(4)(A)(i) of the Act Commerce must be filed electronically, the scope as defined in the Petition). because the domestic producers (or With regard to the domestic like using ACCESS as explained above, on workers) who support the Petition product, the petitioners do not offer a the record of the less-than-fair-value account for at least 25 percent of the definition of the domestic like product investigation. total production of the domestic like distinct from the scope of the Petition. product.23 Finally, the domestic Determination of Industry Support for Based on our analysis of the information producers (or workers) have met the the Petition submitted on the record, we have Section 732(b)(1) of the Act requires determined that LWS, as defined in the statutory criteria for industry support that a petition be filed on behalf of the scope, constitute a single domestic like under section 732(c)(4)(A)(ii) of the Act domestic industry. Section 732(c)(4)(A) product, and we have analyzed industry because the domestic producers (or of the Act provides that a petition meets support in terms of that domestic like workers) who support the Petition this requirement if the domestic product.17 account for more than 50 percent of the producers or workers who support the In determining whether the production of the domestic like product petition account for: (i) At least 25 petitioners have standing under section produced by that portion of the industry percent of the total production of the 732(c)(4)(A) of the Act, we considered expressing support for, or opposition to, 24 domestic like product; and (ii) more the industry support data contained in the Petition. Accordingly, Commerce than 50 percent of the production of the the Petition with reference to the determines that the Petition was filed on domestic like product produced by that domestic like product as defined in the behalf of the domestic industry within portion of the industry expressing ‘‘Scope of the Investigation,’’ in the the meaning of section 732(b)(1) of the support for, or opposition to, the Appendix to this notice. To establish Act. petition. Moreover, section 732(c)(4)(D) industry support, the petitioners Commerce finds that the petitioners of the Act provides that, if the petition provided their shipments of the filed the Petition on behalf of the does not establish support of domestic domestic like product in 2017 and domestic industry because they are producers or workers accounting for compared these shipments to the interested parties as defined in sections more than 50 percent of the total estimated total shipments of the 771(9)(C), (E), and (F) of the Act, and production of the domestic like product, they have demonstrated sufficient Commerce shall: (i) Poll the industry or 15 See section 771(10) of the Act. industry support with respect to the AD rely on other information in order to 16 See USEC, Inc. v. United States, 132 F. Supp. determine if there is support for the 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 18 See Second General Issues Supplement, at 1 v. United States, 688 F. Supp. 639, 644 (CIT 1988), and Exhibit I–2S1. petition, as required by subparagraph aff’d 865 F.2d 240 (Fed. Cir. 1989)). 19 See General Issues Supplement, at 7 and (A); or (ii) determine industry support 17 For a discussion of the domestic like product Exhibit I–S3. analysis, see Enforcement and Compliance Office of using a statistically valid sampling 20 Id; see also Second General Issues Supplement, AD/CVD Operations Antidumping Duty method to poll the ‘‘industry.’’ at 1 and Exhibit I–2S1. For further discussion, see Investigation Initiation Checklist: Laminated Woven Vietnam AD Initiation Checklist, at Attachment II. Section 771(4)(A) of the Act defines Sacks from the Socialist Republic of Vietnam 21 the ‘‘industry’’ as the producers, as a (Vietnam AD Initiation Checklist), at Attachment II, See Vietnam AD Initiation Checklist, at whole, of a domestic like product. Thus, Industry Support (Attachment II). This checklist is Attachment II. 22 to determine whether a petition has the dated concurrently with, and hereby adopted by, See section 732(c)(4)(D) of the Act; see also this notice and on file electronically via ACCESS. Vietnam AD Initiation Checklist, at Attachment II. requisite industry support, the statute Access to documents filed via ACCESS is also 23 See Vietnam AD Initiation Checklist, at directs Commerce to look to producers available in the Central Records Unit, Room B8024 Attachment II. and workers who produce the domestic of the main Commerce building. 24 Id.

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investigation that they are requesting petitioners made deductions from U.S. U.S. dollars using the average exchange that Commerce initiate.25 price consistent with the terms of sale.32 rate for the POI available on Commerce’s website.38 Allegations and Evidence of Material Normal Value Injury and Causation Commerce considers Vietnam to be an Fair Value Comparisons 33 The petitioners allege that the U.S. NME country. In accordance with Based on the data provided by the industry producing the domestic like section 771(18)(C)(i) of the Act, the petitioners, there is reason to believe product is being materially injured, or is presumption of NME status remains in that imports of LWS from Vietnam are effect until revoked by Commerce. The being, or are likely to be, sold in the threatened with material injury, by presumption of NME status for Vietnam United States at less than fair value. reason of the imports of the subject has not been revoked by Commerce and, Based on comparisons of EP to NV in merchandise sold at less than normal therefore, remains in effect for purposes accordance with sections 772 and 773 of value (NV). In addition, the petitioners of the initiation of this investigation. the Act, the estimated dumping margins allege that subject imports exceed the Accordingly, NV in Vietnam is for LWS from Vietnam range from negligibility threshold provided for appropriately based on factors of 101.73 percent to 292.61 percent.39 under section 771(24)(A) of the Act.26 production (FOPs) valued in a surrogate Initiation of the Less-Than-Fair-Value The petitioners contend that the market economy country, in accordance Investigation industry’s injured condition is with section 773(c) of the Act.34 illustrated by a significant and The petitioners state that India is an Based upon our examination of the increasing volume of subject imports; appropriate surrogate country for Petition, we find that the Petition meets reduced market share; underselling and Vietnam, because it is a market the requirements of section 732 of the price depression or suppression; lost economy country that is at a level of Act. Therefore, we are initiating this AD sales and revenues; a decline in U.S. economic development comparable to investigation to determine whether shipments, capacity utilization, that of Vietnam, it is a significant imports of LWS from Vietnam are being, production, and financial performance; producer of comparable merchandise, or are likely to be, sold in the United and the magnitude of the alleged and public information from India is States at less than fair value. In dumping margins.27 We have assessed available to value all material inputs.35 accordance with section 733(b)(1)(A) of the allegations and supporting evidence Based on the information provided by the Act and 19 CFR 351.205(b)(1), regarding material injury, threat of the petitioners, we determine that it is unless postponed, we will make our material injury, and causation, and we appropriate to use India as a surrogate preliminary determination no later than have determined that these allegations country for initiation purposes. 140 days after the date of this initiation. are properly supported by adequate Interested parties will have the Under the Trade Preferences evidence, and meet the statutory opportunity to submit comments Extension Act of 2015, numerous requirements for initiation.28 regarding surrogate country selection amendments to the AD and CVD law and, pursuant to 19 CFR were made.40 The 2015 law does not Allegation of Sales at Less Than Fair 351.301(c)(3)(i), will be provided an specify dates of application for those Value opportunity to submit publicly available amendments. On August 6, 2015, The following is a description of the information to value FOPs no later than Commerce published an interpretative allegation of sales at less than fair value 30 days before the scheduled date of the rule, in which it announced the upon which Commerce based its preliminary determination. applicability dates for each amendment decision to initiate the AD investigation Factors of Production to the Act, except for amendments contained in section 771(7) of the Act, of imports of LWS from Vietnam. The The petitioners state that they do not sources of data for the petitioners’ which relate to determinations of have access to the Vietnamese 41 calculations relating to U.S. price and material injury by the ITC. The producers’ factors of production and amendments to sections 771(15), 773, NV are discussed in greater detail in the consumption rates for those FOPs. Vietnam AD Initiation Checklist.29 776, and 782 of the Act are applicable Therefore, the petitioners relied on their to all determinations made on or after Export Price own experience and other information August 6, 2015, and, therefore, apply to 36 reasonably available. The petitioners this AD investigation.42 The petitioners based U.S. price on valued the estimated FOPs using export price (EP) using the average unit surrogate values from India.37 Respondent Selection value of publicly available import Additionally, for the surrogate values The petitioners named 27 producers/ data.30 The petitioners also based the denominated in Indian rupees (INR), the exporters of LWS from Vietnam.43 In U.S. price on EP using price quotes for petitioners converted INR prices into accordance with our standard practice sales of LWS produced in, and exported for respondent selection in AD cases from, Vietnam and offered for sale in the 32 See Vietnam AD Initiation Checklist. involving NME countries, we intend to United States.31 Where applicable, the 33 See Certain Steel Nails From the Socialist issue quantity and value (Q&V) Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty 25 Id. Administrative Review; 2014–2016, 82 FR 26050 (82 38 Id. at 6 and Exhibit II–8A. 26 See Volume I of the Petition, at Exhibit I–7; see FR 26050) (unchanged in Certain Steel Nails From 39 See AD Supplement at 4, and Exhibit II–S2. also General Issues Supplement, at 9. the Socialist Republic of Vietnam: Final Results of 40 See Trade Preferences Extension Act of 2015, 27 See Volume I of the Petition, at 14–25 and Antidumping Duty Administrative Review; 2014– Pubic Law 114–27, 129 Stat. 362 (2015). Exhibits I–7 through I–9; see also General Issues 2016, 82 FR 45266 (September 28, 2017). 41 See Dates of Application of Amendments to the Supplement, at 1, 9 and Exhibits I–S6 and I–S7. 34 See Vietnam AD Initiation Checklist. Antidumping and Countervailing Duty Laws Made 28 See Vietnam AD Initiation Checklist, at 35 See Volume II of the Petition at 4, and Exhibits by the Trade Preferences Extension Act of 2015, 80 Attachment III, Analysis of Allegations and II–1A, and II–1B. FR 46793 (August 6, 2015). Evidence of Material Injury and Causation 36 Id. at 6 and Exhibit II–7; see also AD 42 Id. at 46794–95. The 2015 amendments may be (Attachment III). Supplement, at 3 and Exhibit II–S5. found at https://www.congress.gov/bill/114th- 29 See Vietnam AD Initiation Checklist. 37 Id. at 6–8 and Exhibits II–9 through II–11; see congress/house-bill/1295/text/pl. 30 Id. also AD Supplement, at 3–4 and Exhibits II–S6, II– 43 See General Issues Supplement at 4, and 31 See Vietnam AD Initiation Checklist. S8, and II–S9. Exhibit I–S1.

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questionnaires to producers/exporters of filing a timely Q&V questionnaire submitted in response to questionnaires; merchandise subject to this response will not receive separate-rate (ii) evidence submitted in support of investigation. In the event Commerce consideration. allegations; (iii) publicly available determines that the number of information to value factors under 19 Use of Combination Rates companies is large and it cannot CFR 351.408(c) or to measure the individually examine each company Commerce will calculate combination adequacy of remuneration under 19 CFR based on Commerce’s resources, where rates for certain respondents that are 351.511(a)(2); (iv) evidence placed on appropriate, Commerce intends to select eligible for a separate rate in an NME the record by Commerce; and (v) mandatory respondents based on the investigation. The Separate Rates and evidence other than factual information Q&V questionnaire responses received. Combination Rates Bulletin states: described in (i)–(iv). 19 CFR 351.301(b) For this investigation, Commerce will {w}hile continuing the practice of requires any party, when submitting request Q&V information from known assigning separate rates only to exporters, all factual information, to specify under exporters and producers identified with separate rates that the Department will now which subsection of 19 CFR complete contact information in the assign in its NME Investigation will be 351.102(b)(21) the information is being Petition. In addition, Commerce will specific to those producers that supplied the submitted 49 and, if the information is post the Q&V questionnaire along with exporter during the period of investigation. Note, however, that one rate is calculated for submitted to rebut, clarify, or correct filing instructions on Enforcement and the exporter and all of the producers which factual information already on the Compliance’s website at http:// supplied subject merchandise to it during the record, to provide an explanation www.trade.gov/enforcement/news.asp. period of investigation. This practice applies identifying the information already on Producers/exporters of LWS from both to mandatory respondents receiving an the record that the factual information Vietnam that do not receive Q&V individually calculated separate rate as well seeks to rebut, clarify, or correct.50 Time questionnaires by mail may still submit as the pool of non-investigated firms limits for the submission of factual receiving the weighted-average of the a response to the Q&V questionnaire information are addressed in 19 CFR and can obtain a copy of the Q&V individually calculated rates. This practice is referred to as the application of ‘‘combination 351.301, which provides specific time questionnaire from Enforcement & rates’’ because such rates apply to specific limits based on the type of factual Compliance’s website. The Q&V combinations of exporters and one or more information being submitted. Interested questionnaire response must be producers. The cash-deposit rate assigned to parties should review the regulations submitted by the relevant Vietnamese an exporter will apply only to merchandise prior to submitting factual information exporters/producers no later than 5:00 both exported by the firm in question and in this investigation. p.m. ET on April 10, 2018. All Q&V produced by a firm that supplied the exporter questionnaire responses must be filed during the period of investigation.46 Extensions of Time Limits electronically via ACCESS. Distribution of Copies of the Petition Parties may request an extension of Separate Rates In accordance with section time limits before the expiration of a In order to obtain separate-rate status 732(b)(3)(A) of the Act and 19 CFR time limit established under 19 CFR in an NME investigation, exporters and 351.202(f), a copy of the public version 351.301, or as otherwise specified by the producers must submit a separate-rate of the Petition has been provided to the Secretary. In general, an extension application.44 The specific requirements government of Vietnam via ACCESS. To request will be considered untimely if it for submitting a separate-rate the extent practicable, we will attempt is filed after the expiration of the time application are outlined in detail in the to provide a copy of the public version limit established under 19 CFR 351.301. application itself, which is available on of the Petition to each exporter named For submissions that are due from Commerce’s website at http:// in the Petition, as provided under 19 multiple parties simultaneously, an enforcement.trade.gov/nme/nme-sep- CFR 351.203(c)(2). extension request will be considered rate.html. The separate-rate application ITC Notification untimely if it is filed after 10:00 a.m. ET will be due 30 days after publication of on the due date. Under certain this initiation notice.45 Exporters and We will notify the ITC of our circumstances, we may elect to specify producers who submit a separate-rate initiation, as required by section 732(d) a different time limit by which application and have been selected as of the Act. extension requests will be considered mandatory respondents will be eligible Preliminary Determination by the ITC untimely for submissions which are due from multiple parties simultaneously. In for consideration for separate-rate status The ITC will preliminarily determine, such a case, we will inform parties in a only if they timely respond to all parts within 45 days after the date on which letter or memorandum setting forth the of Commerce’s AD questionnaire as the Petition was filed, whether there is deadline (including a specified time) by mandatory respondents. Commerce a reasonable indication that imports of which extension requests must be filed requires that companies from Vietnam LWS from Vietnam, are materially to be considered timely. An extension submit a response to both the Q&V injuring or threatening material injury to request must be made in a separate, questionnaire and the separate-rate a U.S. industry.47 A negative ITC stand-alone submission; under limited application by the respective deadlines determination will result in the in order to receive consideration for circumstances we will grant untimely- investigation being terminated.48 separate-rate status. Companies not filed requests for the extension of time Otherwise, the investigation will limits. Parties should review Extension proceed according to statutory and 44 See Policy Bulletin 05.1: Separate-Rates of Time Limits; Final Rule, 78 FR 57790 regulatory time limits. Practice and Application of Combination Rates in (September 20, 2013), available at Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at Submission of Factual Information http://www.gpo.gov/fdsys/pkg/FR-2013- http://enforcement.trade.gov/policy/bull05-1.pdf Factual information is defined in 19 09-20/html/2013-22853.htm, prior to (Policy Bulletin 05.1). CFR 351.102(b)(21) as: (i) Evidence submitting factual information in this 45 Although in past investigations this deadline investigation. was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any 46 See Policy Bulletin 05.1 at 6 (emphasis added). person to submit factual information at any time 47 See section 733(a) of the Act. 49 See 19 CFR 351.301(b). during a proceeding,’’ this deadline is now 30 days. 48 Id. 50 See 19 CFR 351.301(b)(2).

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Certification Requirements or not closed on one end and whether or not Republic of China.1 The notice of in roll form, including, but not limited to, Any party submitting factual initiation stated that Commerce, in sheets, lay-flat, or formed in tubes); not accordance with section 733(b)(1)(A) of information in an AD or CVD exceeding one kilogram in actual weight. proceeding must certify to the accuracy Laminated woven sacks produced in the the Tariff Act of 1930, as amended (the and completeness of that information.51 Socialist Republic of Vietnam are subject to Act), and 19 CFR 351.205(b)(1), would Parties must use the certification the scope regardless of the country of origin issue its preliminary determination no formats provided in 19 CFR of the fabric used to make the sack. later than 140 days after the date of the 351.303(g).52 Commerce intends to Subject laminated woven sacks are initiation, unless postponed.2 reject factual submissions if the currently classifiable under Harmonized Commerce has exercised its discretion submitting party does not comply with Tariff Schedule of the United States (HTSUS) to toll deadlines for the duration of the subheading 6305.33.0040. If entered with applicable revised certification plastic coating on both sides of the fabric closure of the Federal Government from requirements. consisting of woven polypropylene strip and/ January 20 through 22, 2018. If the new Notification to Interested Parties or woven polyethylene strip, laminated deadline falls on a non-business day, in woven sacks may be classifiable under accordance with Commerce’s practice, Interested parties must submit HTSUS subheadings 3923.21.0080, the deadline will become the next applications for disclosure under APO 3923.21.0095, and 3923.29.0000. If entered business day.3 The current deadline for in accordance with 19 CFR 351.305.53 not closed on one end or in roll form This notice is issued and published (including, but not limited to, sheets, lay-flat the preliminary determination of this pursuant to sections 732(c)(2) and 777(i) tubing, and sleeves), laminated woven sacks investigation is no later than April 20, of the Act, and 19 CFR 351.203(c). may be classifiable under other HTSUS 2018. subheadings, including 3917.39.0050, Dated: March 27, 2018. 3921.90.1100, 3921.90.1500, and Postponement of Preliminary Gary Taverman, 5903.90.2500. If the polypropylene strips Determination Deputy Assistant Secretary for Antidumping and/or polyethylene strips making up the and Countervailing Duty Operations, fabric measure more than 5 millimeters in On March 19, 2018, the Aluminum performing the non-exclusive functions and width, laminated woven sacks may be Association Common Alloy Sheet Trade duties of the Assistant Secretary for classifiable under other HTSUS subheadings Enforcement Working Group (the Enforcement and Compliance. including 4601.99.0500, 4601.99.9000, and Domestic Industry), made a request for 4602.90.0000. Although HTSUS subheadings Appendix—Scope of the Investigation a 50-day postponement of the are provided for convenience and customs preliminary determination in this The merchandise covered by this purposes, the written description of the scope is dispositive. investigation to provide Commerce with investigation is laminated woven sacks. sufficient time to review submissions Laminated woven sacks are bags consisting of [FR Doc. 2018–06727 Filed 4–2–18; 8:45 am] and request supplemental information, one or more plies of fabric consisting of BILLING CODE 3510–DS–P woven polypropylene strip and/or woven in order to arrive at the most accurate polyethylene strip, regardless of the width of results possible.4 No other parties the strip; with or without an extrusion DEPARTMENT OF COMMERCE commented. coating of polypropylene and/or Pursuant to section 733(c)(1)(B) of the polyethylene on one or both sides of the International Trade Administration fabric; laminated by any method either to an Act and 19 CFR 351.205(b)(2), exterior ply of plastic film such as biaxially- Commerce has the authority to extend oriented polypropylene (BOPP), polyester [A–570–073] the deadline for the preliminary (PET), polyethylene (PE), nylon, or any film determination in this investigation. Common Alloy Aluminum Sheet From suitable for printing, or to an exterior ply of Because Commerce has the support of paper; printed; displaying, containing, or the People’s Republic of China: cooperating parties and has deemed the comprising three or more visible colors (e.g., Postponement of Preliminary laminated woven sacks printed with three Determination of the Less-Than-Fair- investigation to be extraordinarily different shades of blue would be covered by Value Investigation complicated, Commerce is postponing the scope), not including the color of the the deadline for the preliminary woven fabric; regardless of the type of AGENCY: Enforcement and Compliance, determination by 50 days, until June 11, printing process used; with or without lining; International Trade Administration, 2018, in accordance with section with or without handles; with or without special closing features (including, but not Department of Commerce. limited to, closures that are sewn, glued, DATES: Effective April 3, 2018. 1 See Common Alloy Aluminum Sheet from the easy-open (e.g., tape or thread), re-closable People’s Republic of China: Initiation of Less-Than- FOR FURTHER INFORMATION CONTACT: Tom (e.g., slider, hook and loop, zipper), hot- Fair-Value Investigation, 82 FR 57214 (November 28, 2017) (Initiation Notice); see also Memorandum, welded, adhesive-welded, or press- to-close); Bellhouse at (202) 482–2057 or Deborah Scott at (202) 482–2657, AD/CVD ‘‘Initiation of the Antidumping Duty Investigation whether finished or unfinished (e.g., whether of Common Alloy Aluminum Sheet from the Operations, Enforcement and People’s Republic of China,’’ dated November 28, 51 See section 782(b) of the Act. Compliance, International Trade 2017 (Initiation Memorandum). 52 See Certification of Factual Information To Administration, Department of 2 Id., 82 FR at 57217. Import Administration During Antidumping and Commerce, 1401 Constitution Avenue 3 See Memorandum for The Record from Countervailing Duty Proceedings, 78 FR 42678 (July NW, Washington, DC 20230. Christian Marsh, Deputy Assistant Secretary for 17, 2013); see also frequently asked questions Enforcement and Compliance, performing the non- regarding the Final Rule, available at http:// SUPPLEMENTARY INFORMATION: exclusive functions and duties of the Assistant enforcement.trade.gov/tlei/notices/factual_info_ Secretary for Enforcement and Compliance, final_rule_FAQ_07172013.pdf. Background ‘‘Deadlines Affected by the Shutdown of the 53 On January 22, 2008, Commerce published Federal Government’’ (Tolling Memorandum), Antidumping and Countervailing Duty Proceedings: On November 28, 2017, the dated January 23, 2018. All deadlines in this Documents Submission Procedures; APO Department of Commerce (Commerce) segment of the proceeding have been extended by Procedures, 73 FR 3634 (January 22, 2008). Parties initiated an antidumping duty 3 days. wishing to participate in this investigation should investigation concerning imports of 4 See Letter, ‘‘Common Alloy Aluminum Sheet ensure that they meet the requirements of these from the People’s Republic of China—Domestic procedures (e.g., the filing of letters of appearance common alloy aluminum sheet Industry Request for Postponement of the as discussed at 19 CFR 351.103(d)). (aluminum sheet) from the People’s Preliminary Determination,’’ dated March 19, 2018.

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733(c)(1)(B) of the Act and 19 CFR administrative review of the Assessment Rates 351.205(b)(2).5 antidumping duty order on citric acid In accordance with section 735(a)(1) and certain citrate salts from Canada. Commerce shall determine, and U.S. of the Act, the deadline for the final This review covers one producer/ Customs and Border Protection (CBP) determination of this investigation will exporter of the subject merchandise, JBL shall assess, antidumping duties on all continue to be 75 days after the date of Canada. We invited parties to comment appropriate entries of subject the preliminary determination, unless on the Preliminary Results.2 No merchandise in accordance with the postponed at a later date. interested party submitted comments.3 final results of this review, pursuant to This notice is issued and published Further, no party submitted a request for section 751(a)(2)(C) of the Act and 19 pursuant to section 733(c)(2) of the Act a hearing in the instant review. CFR 351.212(b).6 Because we calculated and 19 CFR 351.205(f)(1). Commerce conducted this a zero margin for JBL Canada in the final Dated: March 29, 2018. administrative review in accordance results of this review, we intend to with section 751(a) of the Tariff Act of instruct CBP to liquidate the appropriate P. Lee Smith, 1930, as amended (the Act). entries without regard to antidumping Deputy Assistant Secretary for Policy and duties. In accordance with Commerce’s Negotiations. Scope of the Order 4 ‘‘automatic assessment’’ practice, for [FR Doc. 2018–06723 Filed 4–2–18; 8:45 am] The merchandise subject to the order entries of subject merchandise during BILLING CODE 3510–DS–P is citric acid and certain citrate salts the POR produced by JBL Canada for from Canada. The product is currently which it did not know that the classified under the Harmonized Tariff DEPARTMENT OF COMMERCE merchandise was destined for the Schedule of the United States (HTSUS) United States, we will instruct CBP to subheadings 2918.14.0000, liquidate those entries at the all-others International Trade Administration 2918.15.1000, 2918.15.5000, and rate if there is no rate for the 3824.90.9290. Although the HTSUS [A–122–853] intermediate company(ies) involved in numbers are provided for convenience Citric Acid and Certain Citrate Salts and customs purposes, the written the transaction. From Canada: Final Results of product description, available in the Commerce intends to issue the Antidumping Duty Administrative Preliminary Decision Memorandum,5 appropriate assessment instructions to Review; 2016–2017 remains dispositive. CBP 41 days after the date of publication of these final results of AGENCY: Enforcement and Compliance, Changes Since the Preliminary Results review, in accordance with 19 CFR International Trade Administration, As no parties submitted comments on 356.8(a). Department of Commerce. the margin calculation methodology SUMMARY: The Department of Commerce used in the Preliminary Results, Cash Deposit Requirements (Commerce) determines that Commerce made no adjustments to that Jungbunzlauer Canada, Inc. (JBL methodology in the final results of this The following deposit requirements Canada), producer/exporter of citric review. will be effective upon publication of the acid and certain citrate salts from notice of these final results for all Final Results of the Review Canada, did not sell subject shipments of citric acid and certain merchandise at prices below normal As a result of this review, Commerce citrate salts from Canada entered, or value (NV) during the period of review determines that the following weighted- withdrawn from warehouse, for (POR) May 1, 2016, through April 30, average dumping margin exists for consumption on or after the publication 2017. entries of subject merchandise that were date as provided by section 751(a)(2) of produced and/or exported by the the Act: (1) The cash deposit rate for DATES: Applicable April 3, 2018. following company during the POR: merchandise produced or exported by FOR FURTHER INFORMATION CONTACT: JBL Canada will be zero; (2) for Renato Barreda or George Ayache, AD/ Weighted- merchandise exported by manufacturers CVD Operations, Office VIII, average Manufacturer/exporter margin or exporters not covered in this review Enforcement and Compliance, (percent) but covered in a completed prior International Trade Administration, segment of the proceeding, the cash U.S. Department of Commerce, 1401 Jungbunzlauer Canada, Inc. 0.00 deposit rate will continue to be the Constitution Avenue NW, Washington, company-specific rate published for the DC 20230; telephone: (202) 482–0317 or most recently completed segment; (3) if (202) 482–2623, respectively. accompanying Preliminary Decision Memorandum (PDM). the exporter is not a firm covered in this SUPPLEMENTARY INFORMATION: 2 Id. review, a prior review, or the original 3 Background JBL Canada submitted a case brief stating: investigation but the manufacturer is, ‘‘Respondent JBL has no comments on the the cash deposit rate will be the rate On February 6, 2018, Commerce Department’s Preliminary Results. JBL reserves the right to submit a rebuttal brief in response to any established for the most recently published in the Federal Register the issue(s) which may be raised by Petitioners in their completed segment for the manufacturer 1 Preliminary Results of the case brief.’’ See letter from JBL ‘‘Eighth of the merchandise; (4) the cash deposit Administrative Review of the Antidumping Order rate for all other manufacturers or 5 This date reflects the next business day after the on Citric Acid and Certain Citrate Sales from exporters will continue to be 23.21 deadline of June 9, 2018. See Notice of Clarification: Canada—JBL Canada’s Case Brief,’’ dated March 8, Application of ‘‘Next Business Day’’ Rule for 2018. percent, the all-others rate established Administrative Determination Deadlines Pursuant 4 See Citric Acid and Citrate Salts from Canada in the Order. These cash deposit to the Tariff Act of 1930, As Amended, 70 FR 24533 and the People’s Republic of China: Antidumping requirements, when imposed, shall (May 10, 2005). Duty Orders, 74 FR 25703 (May 29, 2009) (the remain in effect until further notice. 1 See Citric Acid and Citrate Salts from Canada: Order). Preliminary Results of Antidumping Duty 5 For a complete description of the scope of the 6 See section 751(a)(2)(C) of the Act and 19 CFR Administrative Review; 2016–2017, 83 FR 5246 Order, see the PDM at 2, which can be accessed (February 6, 2018) (Preliminary Results), and directly at http://enforcement.trade.gov/frn/. 351.212(b).

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Notification to Importers Advisory Panel Volunteers Action Team DEPARTMENT OF COMMERCE This notice also serves as a final via webinar. National Oceanic and Atmospheric reminder to importers of their DATES: The Volunteers Team meeting Administration responsibility under 19 CFR will be held on Thursday, April 19, 351.402(f)(2) to file a certificate 2018 at 1 p.m. The meeting is scheduled RIN 0648–XG136 regarding the reimbursement of to last approximately 90 minutes. antidumping duties prior to liquidation Additional Action Team webinar and Pacific Fishery Management Council; of the relevant entries during this POR. plenary webinar dates and times will Public Meeting publish in a subsequent issue in the Failure to comply with this requirement AGENCY: National Marine Fisheries Federal Register. could result in Commerce’s Service (NMFS), National Oceanic and presumption that reimbursement of ADDRESSES: The meeting will be held Atmospheric Administration (NOAA), antidumping duties has occurred and via webinar and is open to members of Commerce. the subsequent assessment of double the public. Webinar registration is ACTION: Notice of public meeting. antidumping duties. required and a registration link will be posted to the Citizen Science program Administrative Protective Order SUMMARY: The Pacific Fishery page of the Council’s website at Management Council’s (Pacific Council) In accordance with 19 CFR www.safmc.net. Highly Migratory Species Management 351.305(a)(3), this notice also serves as Council address: South Atlantic Team (HMSMT) will hold a meeting, a reminder to parties subject to Fishery Management Council, 4055 which is open to the public. administrative protective order (APO) of Faber Place Drive, Suite 201, N. DATES: The meeting will be held their responsibility concerning the Charleston, SC 29405. Wednesday, April 25, to Friday, April return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: 27, 2018, and will start at 8:30 a.m. and information disclosed under the APO, Amber Von Harten, Citizen Science continue until business is concluded on which continues to govern business Program Manager, SAFMC; phone: (843) each day. proprietary information in this segment 302–8433 or toll free: (866) SAFMC–10; of the proceeding. Timely written ADDRESSES: The meeting will be held at fax: (843) 769–4520; email: the Glenn M. Anderson Federal notification of the return or destruction [email protected]. of APO materials or conversion to Building, 501 W. Ocean Blvd., Long SUPPLEMENTARY INFORMATION: The Beach, CA 90802, on the Third Floor in judicial protective order is hereby Council created a Citizen Science requested. Failure to comply with the Room 3400. Visitors need to present Advisory Panel Pool in June 2017. The photo ID and pass through electronic regulations and terms of an APO is a Council appointed members of the violation subject to sanction. security equipment to enter the Citizen Science Advisory Panel Pool to building. There is no visitor parking Notification to Interested Parties five Action Teams in the areas of available in the building for the general Volunteers, Data Management, Projects/ We intend to issue and publish these public. Metered street parking is nearby. Topics Management, Finance, and results in accordance with sections Commercial parking lots are within Communication/Outreach/Education to 751(a)(1) and 777(i)(1) of the Act and 19 walking distance to the building. For develop program policies and CFR 351.213(h) and 351.221(b)(5). meeting location information, please operations for the Council’s Citizen contact Mr. Lyle Enriquez at Dated: March 28, 2018. Science Program. [email protected] or 562–980– James Maeder, Each Action Team will meet to 4025. Associate Deputy Assistant Secretary for continue work on developing Council address: Pacific Fishery Antidumping and Countervailing Duty recommendations on program policies Management Council, 7700 NE Operations performing the duties of Deputy and operations to be reviewed by the Ambassador Place, Suite 101, Portland, Assistant Secretary for Antidumping and Council’s Citizen Science Committee. OR 97220. Countervailing Duty Operations. Public comment will be accepted at the FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–06721 Filed 4–2–18; 8:45 am] Dr. beginning of the meeting. Items to be Kit Dahl, Pacific Council; telephone: BILLING CODE 3510–DS–P addressed during these meetings: (503) 820–2422. 1. Discuss work on tasks in the Terms SUPPLEMENTARY INFORMATION: The of Reference DEPARTMENT OF COMMERCE purpose of the HMSMT meeting is to 2. Other Business prepare an analysis of the range of National Oceanic and Atmospheric Special Accommodations alternatives for authorizing a fishery Administration using deep-set buoy gear adopted by the These meetings are physically Pacific Council in September 2017 and accessible to people with disabilities. RIN 0648–XG138 March 2018. The HMSMT will provide Requests for auxiliary aids should be an update on the analysis at the Pacific Fisheries of the South Atlantic; South directed to the council office (see Council’s June 2018 meeting. The Atlantic Fishery Management Council; ADDRESSES) 3 days prior to the meeting. Public Meetings HMSMT may also discuss updates to Note: The times and sequence specified in the HMS Stock Assessment and Fishery AGENCY: National Marine Fisheries this agenda are subject to change. Evaluation document and HMS-related Service (NMFS), National Oceanic and Authority: 16 U.S.C. 1801 et seq. matters scheduled on future Council Atmospheric Administration (NOAA), agendas including reporting relative to Commerce. Dated: March 29, 2018. bycatch performance metrics for the Tracey L. Thompson, ACTION: Notice of a public meeting. large mesh drift gillnet (DGN) fishery, Acting Deputy Director, Office of Sustainable exempted fishing permit applications, SUMMARY: The South Atlantic Fishery Fisheries, National Marine Fisheries Service. observer coverage in the DGN fishery, Management Council (Council) will [FR Doc. 2018–06733 Filed 4–2–18; 8:45 am] and citizenship requirements for the hold a meeting of its Citizen Science BILLING CODE 3510–22–P general HMS permit.

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Although non-emergency issues not Telephone: (202) 260–1816. Email: remain the responsibility of the current contained in the meeting agenda may be [email protected]. grantee until there is a justifiable reason discussed, those issues may not be the If you use a telecommunications to identify another. The commenter subject of formal action during this device for the deaf (TDD) or a text further stated that selection of a new meeting. Action will be restricted to telephone (TTY), call the Federal Relay grantee should always coincide with the those issues specifically listed in this Service (FRS), toll free, at 1–800–877– reauthorization of the Scholarships for document and any issues arising after 8339. Opportunity and Results (SOAR) Act. publication of this document that SUPPLEMENTARY INFORMATION: On One commenter, a coalition of more require emergency action under section January 24, 2018, the Department than 50 organizations devoted to the 305(c) of the Magnuson-Stevens Fishery published a notice in the Federal support of public schools, opposed the Conservation and Management Act, Register (83 FR 3336) proposing to proposed waiver and extension. The provided the public has been notified of waive the requirements of 34 CFR commenter cited concerns with the the intent to take final action to address 75.261(a) and (c)(2) that generally current and prior grantees’ the emergency. prohibit project period extensions administration of the program; and Special Accommodations involving the obligation of additional challenged the Department’s Federal funds. In that notice, the assumptions regarding a qualified and This meeting is physically accessible Secretary also proposed to extend the interested applicant pool to compete for to people with disabilities. Requests for OSP project period for up to an the grant. For these reasons, the sign language interpretation or other additional 24 months, to enable the commenter states that the Department auxiliary aids should be directed to Mr. Department to provide continuation should hold a competition in FY 2018. Kris Kleinschmidt, (503) 820–2411, at awards to the current OSP grantee Discussion: The Department least 10 business days prior to the through FY 2019 under the existing appreciates the commenters’ feedback. meeting date. program authority. Under the SOAR Act, the Department is Dated: March 29, 2018. That notice contained background responsible for administration of the Tracey L. Thompson, information and our reasons for OSP and oversight of the OSP grantee. proposing the waiver and extension of Acting Deputy Director, Office of Sustainable Based on the Department’s experience Fisheries, National Marine Fisheries Service. the project period. This notice makes working with the current OSP grantee, the waiver and extension of the project [FR Doc. 2018–06734 Filed 4–2–18; 8:45 am] the Department believes that extending period final. Any activities carried out BILLING CODE 3510–22–P the current grantee’s project will create during the period of an OSP stability and continuity by: (1) continuation award will have to be Permitting the current grantee to fully consistent with, or a logical extension implement the new recruitment and DEPARTMENT OF EDUCATION of, the scope, goals, and objectives of the marketing strategies designed to grantee’s application as approved in the Final Waiver and Extension of the significantly increase scholarship usage FY 2015 OSP competition and the rates; and (2) aligning the next OSP Project Period for the Opportunity ensuing cooperative agreement. The Scholarship Program competition with the next anticipated requirements applicable to continuation reauthorization of the SOAR Act. AGENCY: Office of Innovation and awards for this competition set forth in Additionally, based on the Department’s Improvement, Department of Education. the 2015 notice inviting applications (80 current experience administering and FR 9448) and the requirements in 34 ACTION: overseeing the OSP and the number of Final waiver and extension of CFR 75.253 will apply to any the project period. qualified applicants in past continuation awards sought by the competitions, the Department does not current OSP grantee. The Department believe that another eligible [Catalog of Federal Domestic Assistance will not announce a new competition or (CFDA) Number: 84.370A.] organization with capacity to administer make new awards in FY 2018 and FY this program is interested in doing so. SUMMARY: For projects funded under the 2019. Changes: None. DC Opportunity Scholarship Program Public Comment: In response to our (OSP), the Secretary: (1) Waives the invitation in the proposed waiver and Regulatory Flexibility Act Certification extension, we received two comments. requirements of the Education The Secretary certifies that the final Generally, the Department does not Department General Administrative waiver and extension and the activities address technical and other minor Regulations that generally prohibit required to support additional months changes. In addition, the Department project period extensions involving the of funding will not have a significant does not address general comments that obligation of additional Federal funds; economic impact on a substantial and (2) extends the project period for raise concerns not directly related to the proposed waiver and extension. number of small entities. the current OSP grantee for up to an The small entity that will be affected additional 24 months under the existing There are no substantive differences between the proposed waiver and by this final waiver and extension is the program authority. This waiver and FY 2015 grantee, the non-profit extension will enable the Department to extension and the final waiver and extension. organization currently receiving Federal provide continuation awards to the funds under the OSP. This final waiver current OSP grantee through FY 2019 Analysis of Comments and Discussion and extension will not have a significant under the existing program authority. Comments: One commenter economic impact on this entity because DATES: As of May 3, 2018, the waiver supported the proposed waiver and the activities required to support the and extension of the project period are extension of the OSP project period, and additional year(s) of funding will not finalized. one commenter opposed the proposed impose excessive regulatory burdens or FOR FURTHER INFORMATION CONTACT: action. The commenters provided require unnecessary Federal Anna Hinton, U.S. Department of various reasons for their positions. supervision. The waiver will impose Education, 400 Maryland Avenue SW, An anonymous commenter stated that minimal requirements to ensure the room 4W229, Washington, DC 20202. the administration of the OSP should proper expenditure of program funds,

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including requirements that are DEPARTMENT OF EDUCATION following issues: (1) Is this collection standard for continuation awards. necessary to the proper functions of the [Docket No. ED–2018–ICCD–0036] Department; (2) will this information be Paperwork Reduction Act of 1995 Agency Information Collection processed and used in a timely manner; This notice of final waiver and Activities; Comment Request; U.S. (3) is the estimate of burden accurate; extension does not contain any Department of Education Pre- (4) how might the Department enhance information collection requirements. Authorized Debit Account Brochure the quality, utility, and clarity of the and Application information to be collected; and (5) how Intergovernmental Review might the Department minimize the AGENCY: Federal Student Aid (FSA), burden of this collection on the This program is subject to Executive Department of Education (ED). respondents, including through the use Order 12372 and the regulations in 34 ACTION: Notice. of information technology. Please note CFR part 79. One of the objectives of the that written comments received in Executive order is to foster an SUMMARY: In accordance with the response to this notice will be intergovernmental partnership and a Paperwork Reduction Act of 1995, ED is considered public records. strengthened federalism. The Executive proposing an extension of an existing Title of Collection: U.S. Department of order relies on processes developed by information collection. Education Pre-Authorized Debit State and local governments for DATES: Interested persons are invited to Account Brochure and Application. coordination and review of proposed submit comments on or before June 4, OMB Control Number: 1845–0025. Federal financial assistance. 2018. Type of Review: An extension of an ADDRESSES: To access and review all the existing information collection. This document provides early documents related to the information Respondents/Affected Public: notification of our specific plans and collection listed in this notice, please Individuals or Households. actions for this program. use http://www.regulations.gov by Total Estimated Number of Annual Accessible Format: Individuals with searching the Docket ID number ED– Responses: 1,667. disabilities can obtain this document in 2018–ICCD–0036. Comments submitted Total Estimated Number of Annual an accessible format (e.g., braille, large in response to this notice should be Burden Hours: 138. print, audiotape, or compact disc) on submitted electronically through the Abstract: The Pre-authorized Debit Account Brochure and Application request to the contact person listed Federal eRulemaking Portal at http:// (PDA Application) serves as the means under FOR FURTHER INFORMATION www.regulations.gov by selecting the Docket ID number or via postal mail, by which an individual with a defaulted CONTACT. federal education debt (student loan or Electronic Access to This Document: commercial delivery, or hand delivery. Please note that comments submitted by grant overpayment) that is held by the The official version of this document is fax or email and those submitted after U.S. Department of Education (ED) the document published in the Federal the comment period will not be requests and authorizes the automatic Register. You may access the official accepted. Written requests for debiting of payments toward satisfaction edition of the Federal Register and the information or comments submitted by of the debt from the borrower’s checking Code of Federal Regulations via the postal mail or delivery should be or savings account. The PDA Federal Digital System at: www.gpo.gov/ addressed to the Director of the Application explains the automatic fdsys. At this site you can view this Information Collection Clearance debiting process and collects the document, as well as all other Division, U.S. Department of Education, individual’s authorization for the documents of this Department 400 Maryland Avenue SW, LBJ, Room automatic debiting and the bank published in the Federal Register, in 216–34, Washington, DC 20202–4537. account information needed by ED to debit the individual’s account. text or Portable Document Format FOR FURTHER INFORMATION CONTACT: For (PDF). To use PDF you must have specific questions related to collection Dated: March 29, 2018. Adobe Acrobat Reader, which is activities, please contact Beth Kate Mullan, available free at the site. Grebeldinger, 202–377–4018. Acting Director, Information Collection You may also access documents of the SUPPLEMENTARY INFORMATION: The Clearance Division, Office of the Chief Privacy Officer, Office of Management. Department published in the Federal Department of Education (ED), in Register by using the article search accordance with the Paperwork [FR Doc. 2018–06715 Filed 4–2–18; 8:45 am] feature at: www.federalregister.gov. Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 4000–01–P Specifically, through the advanced 3506(c)(2)(A)), provides the general search feature at this site, you can limit public and Federal agencies with an your search to documents published by opportunity to comment on proposed, DEPARTMENT OF ENERGY the Department. revised, and continuing collections of information. This helps the Department Federal Energy Regulatory Dated: March 29, 2018. assess the impact of its information Commission Margo K. Anderson, collection requirements and minimize Combined Notice of Filings #1 Acting Assistant Deputy Secretary for the public’s reporting burden. It also Innovation and Improvement. helps the public understand the Take notice that the Commission [FR Doc. 2018–06757 Filed 4–2–18; 8:45 am] Department’s information collection received the following electric corporate BILLING CODE 4000–01–P requirements and provide the requested filings: data in the desired format. ED is Docket Numbers: EC18–77–000. soliciting comments on the proposed Applicants: Cabazon Wind Partners, information collection request (ICR) that LLC, Rock River I, LLC, Whitewater Hill is described below. The Department of Wind Partners, LLC. Education is especially interested in Description: Application for public comment addressing the Authorization for Disposition of

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Jurisdictional Facilities and Request for Corp NITSA NOA Notice of Filed Date: 3/28/18. Expedited Action of Cabazon Wind Cancellation to be effective 1/1/2018. Accession Number: 20180328–5156. Partners, LLC, et. al. Filed Date: 3/28/18. Comments Due: 5 p.m. ET 4/18/18. Filed Date: 3/27/18. Accession Number: 20180328–5031. Docket Numbers: ER18–1204–000. Accession Number: 20180327–5200. Comments Due: 5 p.m. ET 4/18/18. Applicants: AEP Texas Inc. Comments Due: 5 p.m. ET 4/17/18. Docket Numbers: ER18–1196–000. Description: § 205(d) Rate Filing: Take notice that the Commission Applicants: Duke Energy Indiana, AEPTX-Victoria City Power received the following exempt LLC. Interconnection Agreement to be wholesale generator filings: Description: § 205(d) Rate Filing: DEI effective 3/6/2018. Docket Numbers: EG18–68–000. Reactive Tariff Amendment Filed Date: 3/28/18. Applicants: Camilla Solar Energy (Connersville/Miami Wabash Reactive Accession Number: 20180328–5157. LLC. Retirement) to be effective 6/1/2018. Comments Due: 5 p.m. ET 4/18/18. Description: Notice of Self- Filed Date: 3/28/18. Docket Numbers: ER18–1205–000. Certification of Exempt Wholesale Accession Number: 20180328–5032. Applicants: AEP Texas Inc. Generator Status of Camilla Solar Comments Due: 5 p.m. ET 4/18/18. Description: § 205(d) Rate Filing: AEPTX-Victoria Port Power Energy LLC. Docket Numbers: ER18–1197–000. Interconnection Agreement to be Filed Date: 3/28/18. Applicants: Camilla Solar Energy effective 3/6/2018. Accession Number: 20180328–5072. LLC. Comments Due: 5 p.m. ET 4/18/18. Filed Date: 3/28/18. Description: Baseline eTariff Filing: Accession Number: 20180328–5167. Take notice that the Commission Application for Market-Based Rate Comments Due: 5 p.m. ET 4/18/18. received the following electric rate Authorization to be effective 5/28/2018. Docket Numbers: ER18–1207–000. filings: Filed Date: 3/28/18. Applicants: Southern California Accession Number: 20180328–5064. Docket Numbers: ER10–1819–017; Edison Company. Comments Due: 5 p.m. ET 4/18/18. ER10–1820–0020. Description: § 205(d) Rate Filing: 2018 Applicants: Northern States Power Docket Numbers: ER18–1198–000. TACBAA Update to be effective Company, a Minnesota corporation, Applicants: Southwest Power Pool, 6/1/2018. Northern States Power Company, a Inc. Filed Date: 3/28/18. Wisconsin corporation. Description: § 205(d) Rate Filing: Accession Number: 20180328–5213. Description: Supplement to December 2855R4 KMEA & KCPL Meter Agent Comments Due: 5 p.m. ET 4/18/18. 28, 2017 Triennial Market Power Agreement to be effective 3/1/2018. Docket Numbers: ER18–1208–000. Analysis of Northern States Power Filed Date: 3/28/18. Applicants: Midcontinent Company, a Minnesota corporation, and Accession Number: 20180328–5066. Independent System Operator, Inc., Northern States Power Company, a Comments Due: 5 p.m. ET 4/18/18. Northern Indiana Public Service Wisconsin corporation. Docket Numbers: ER18–1199–000. Company. Filed Date: 3/28/18. Applicants: Public Service Company Description: § 205(d) Rate Filing: Accession Number: 20180328–5177. of Colorado. 2018–03–28 NIPSCO–IMPA 1st Rev Comments Due: 5 p.m. ET 4/18/18. Description: Formula Rate Post- NOTIA to be effective 1/18/2018. Docket Numbers: ER16–2025–000. employment Benefits Other than Filed Date: 3/28/18. Applicants: Mt. Carmel Cogen, Inc. Pensions filing of Public Service Accession Number: 20180328–5227. Description: Report Filing: Refund Company of Colorado. Comments Due: 5 p.m. ET 4/18/18. Report to be effective N/A. Filed Date: 3/27/18. The filings are accessible in the Filed Date: 3/27/18. Accession Number: 20180327–5202. Commission’s eLibrary system by Accession Number: 20180327–5186. Comments Due: 5 p.m. ET 4/17/18. clicking on the links or querying the Comments Due: 5 p.m. ET 4/17/18. docket number. Docket Numbers: ER18–192–002. Docket Numbers: ER18–1200–000. Applicants: PSEG Energy Resources & Any person desiring to intervene or Applicants: Dynegy Oakland, LLC. protest in any of the above proceedings Description: Tariff Amendment: Trade LLC. Description: § 205(d) Rate Filing: must file in accordance with Rules 211 Settlement Agreement and Request for and 214 of the Commission’s Expedited Treatment to be effective Reactive Power Tariff Record Sewaren and Keys to be effective 6/1/2018. Regulations (18 CFR 385.211 and 1/1/2018. 385.214) on or before 5:00 p.m. Eastern Filed Date: 3/27/18. Filed Date: 3/28/18. Accession Number: 20180328–5091. time on the specified comment date. Accession Number: 20180327–5181. Protests may be considered, but Comments Due: 5 p.m. ET 4/17/18. Comments Due: 5 p.m. ET 4/18/18. intervention is necessary to become a Docket Numbers: ER18–748–001. Docket Numbers: ER18–1201–000. Applicants: Public Service Company party to the proceeding. Applicants: Southwest Power Pool, eFiling is encouraged. More detailed of Colorado. Inc. information relating to filing Description: § 205(d) Rate Filing: Description: Tariff Amendment: requirements, interventions, protests, OATT Att N—LGIP Amend Suspend Amendment to Cost Recovery Filing on service, and qualifying facilities filings Lang. to be effective 3/29/2018. Behalf of American Electric Power can be found at: http://www.ferc.gov/ Filed Date: 3/28/18. Service to be effective 4/1/2018. docs-filing/efiling/filing-req.pdf. For Accession Number: 20180328–5154. Filed Date: 3/27/18. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 4/18/18. Accession Number: 20180327–5184. (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 4/17/18. Docket Numbers: ER18–1203–000. Docket Numbers: ER18–1195–000. Applicants: PJM Interconnection, Dated: March 28, 2018. Applicants: Southwest Power Pool, L.L.C. Nathaniel J. Davis, Sr., Inc. Description: § 205(d) Rate Filing: Deputy Secretary. Description: § 205(d) Rate Filing: Original ISA SA No. 5034; Queue No. [FR Doc. 2018–06697 Filed 4–2–18; 8:45 am] 1518R13 Arkansas Electric Cooperative AC1–097 to be effective 3/7/2018. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Online service, please email The filings in the above-referenced [email protected] or call proceeding are accessible in the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission’s eLibrary system by Commission (202) 502–8659. clicking on the appropriate link in the [Docket No. ER18–1187–000] Dated: March 28, 2018. above list. They are also available for Nathaniel J. Davis, Sr., electronic review in the Commission’s Eagle’s View Partners, Ltd.; Public Reference Room in Washington, Deputy Secretary. Supplemental Notice That Initial DC. There is an eSubscription link on Market-Based Rate Filing Includes [FR Doc. 2018–06700 Filed 4–2–18; 8:45 am] the website that enables subscribers to Request for Blanket Section 204 BILLING CODE 6717–01–P receive email notification when a Authorization document is added to a subscribed docket(s). For assistance with any FERC DEPARTMENT OF ENERGY This is a supplemental notice in the Online service, please email above-referenced proceeding of Eagle’s [email protected]. or call View Partners, Ltd.’s application for Federal Energy Regulatory Commission (866) 208–3676 (toll free). For TTY, call market-based rate authority, with an (202) 502–8659. accompanying rate tariff, noting that [Docket No. ER18–1197–000] such application includes a request for Dated: March 28, 2018. blanket authorization, under 18 CFR Camilla Solar Energy, LLC; Nathaniel J. Davis, Sr., part 34, of future issuances of securities Supplemental Notice That Initial Deputy Secretary. and assumptions of liability. Market-Based Rate Filing Includes [FR Doc. 2018–06703 Filed 4–2–18; 8:45 am] Any person desiring to intervene or to Request for Blanket Section 204 BILLING CODE 6717–01–P protest should file with the Federal Authorization Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, This is a supplemental notice in the DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 above-referenced proceeding of Camilla of the Commission’s Rules of Practice Solar Energy, LLC’s application for Federal Energy Regulatory and Procedure (18 CFR 385.211 and market-based rate authority, with an Commission accompanying rate tariff, noting that 385.214). Anyone filing a motion to [Docket No. ER18–1188–000] intervene or protest must serve a copy such application includes a request for of that document on the Applicant. blanket authorization, under 18 CFR Prairie Queen Wind Farm LLC; Notice is hereby given that the part 34, of future issuances of securities Supplemental Notice That Initial deadline for filing protests with regard and assumptions of liability. Market-Based Rate Filing Includes to the applicant’s request for blanket Any person desiring to intervene or to Request for Blanket Section 204 authorization, under 18 CFR part 34, of protest should file with the Federal Authorization future issuances of securities and Energy Regulatory Commission, 888 assumptions of liability, is April 17, First Street NE, Washington, DC 20426, This is a supplemental notice in the 2018. in accordance with Rules 211 and 214 above-referenced proceeding of Prairie The Commission encourages of the Commission’s Rules of Practice Queen Wind Farm LLC’s application for electronic submission of protests and and Procedure (18 CFR 385.211 and market-based rate authority, with an interventions in lieu of paper, using the 385.214). Anyone filing a motion to accompanying rate tariff, noting that FERC Online links at http:// intervene or protest must serve a copy such application includes a request for www.ferc.gov. To facilitate electronic of that document on the Applicant. blanket authorization, under 18 CFR service, persons with internet access Notice is hereby given that the part 34, of future issuances of securities who will eFile a document and/or be deadline for filing protests with regard and assumptions of liability. listed as a contact for an intervenor to the applicant’s request for blanket Any person desiring to intervene or to must create and validate an authorization, under 18 CFR part 34, of protest should file with the Federal eRegistration account using the future issuances of securities and Energy Regulatory Commission, 888 eRegistration link. Select the eFiling assumptions of liability, is April 17, First Street, NE, Washington, DC 20426, link to log on and submit the 2018. in accordance with Rules 211 and 214 intervention or protests. The Commission encourages of the Commission’s Rules of Practice Persons unable to file electronically electronic submission of protests and and Procedure (18 CFR 385.211 and should submit an original and 5 copies interventions in lieu of paper, using the 385.214). Anyone filing a motion to of the intervention or protest to the FERC Online links at http:// intervene or protest must serve a copy Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic of that document on the Applicant. 888 First Street NE, Washington, DC service, persons with internet access Notice is hereby given that the 20426. who will eFile a document and/or be deadline for filing protests with regard The filings in the above-referenced listed as a contact for an intervenor to the applicant’s request for blanket proceeding are accessible in the must create and validate an authorization, under 18 CFR part 34, of Commission’s eLibrary system by eRegistration account using the future issuances of securities and clicking on the appropriate link in the eRegistration link. Select the eFiling assumptions of liability, is April 17, above list. They are also available for link to log on and submit the 2018. electronic review in the Commission’s intervention or protests. The Commission encourages Public Reference Room in Washington, Persons unable to file electronically electronic submission of protests and DC. There is an eSubscription link on should submit an original and 5 copies interventions in lieu of paper, using the the website that enables subscribers to of the intervention or protest to the FERC Online links at http:// receive email notification when a Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic document is added to a subscribed 888 First Street NE, Washington, DC service, persons with internet access docket(s). For assistance with any FERC 20426. who will eFile a document and/or be

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listed as a contact for an intervenor intervene or protest must serve a copy Creek Wind Farm LLC’s application for must create and validate an of that document on the Applicant. market-based rate authority, with an eRegistration account using the Notice is hereby given that the accompanying rate tariff, noting that eRegistration link. Select the eFiling deadline for filing protests with regard such application includes a request for link to log on and submit the to the applicant’s request for blanket blanket authorization, under 18 CFR intervention or protests. authorization, under 18 CFR part 34, of part 34, of future issuances of securities Persons unable to file electronically future issuances of securities and and assumptions of liability. should submit an original and 5 copies assumptions of liability, is April 17, Any person desiring to intervene or to of the intervention or protest to the 2018. protest should file with the Federal Federal Energy Regulatory Commission, The Commission encourages Energy Regulatory Commission, 888 888 First Street NE, Washington, DC electronic submission of protests and First Street NE, Washington, DC 20426, 20426. interventions in lieu of paper, using the in accordance with Rules 211 and 214 The filings in the above-referenced FERC Online links at http:// of the Commission’s Rules of Practice proceeding are accessible in the www.ferc.gov. To facilitate electronic and Procedure (18 CFR 385.211 and Commission’s eLibrary system by service, persons with internet access 385.214). Anyone filing a motion to clicking on the appropriate link in the who will eFile a document and/or be intervene or protest must serve a copy above list. They are also available for listed as a contact for an intervenor of that document on the Applicant. electronic review in the Commission’s must create and validate an Notice is hereby given that the Public Reference Room in Washington, eRegistration account using the deadline for filing protests with regard DC. There is an eSubscription link on eRegistration link. Select the eFiling to the applicant’s request for blanket the website that enables subscribers to link to log on and submit the authorization, under 18 CFR part 34, of receive email notification when a intervention or protests. future issuances of securities and document is added to a subscribed Persons unable to file electronically assumptions of liability, is April 17, docket(s). For assistance with any FERC should submit an original and 5 copies 2018. Online service, please email of the intervention or protest to the The Commission encourages [email protected]. or call Federal Energy Regulatory Commission, electronic submission of protests and (866) 208–3676 (toll free). For TTY, call 888 First Street NE, Washington, DC interventions in lieu of paper, using the (202) 502–8659. 20426. FERC Online links at http:// The filings in the above-referenced Dated: March 28, 2018. www.ferc.gov. To facilitate electronic proceeding are accessible in the Nathaniel J. Davis, Sr., service, persons with internet access Commission’s eLibrary system by who will eFile a document and/or be Deputy Secretary. clicking on the appropriate link in the listed as a contact for an intervenor [FR Doc. 2018–06701 Filed 4–2–18; 8:45 am] above list. They are also available for must create and validate an BILLING CODE 6717–01–P electronic review in the Commission’s eRegistration account using the Public Reference Room in Washington, eRegistration link. Select the eFiling DC. There is an eSubscription link on DEPARTMENT OF ENERGY link to log on and submit the the website that enables subscribers to intervention or protests. receive email notification when a Federal Energy Regulatory Persons unable to file electronically document is added to a subscribed Commission should submit an original and 5 copies docket(s). For assistance with any FERC of the intervention or protest to the Online service, please email [Docket No. ER18–1189–000] Federal Energy Regulatory Commission, [email protected] or call 888 First Street NE, Washington, DC (866) 208–3676 (toll free). For TTY, call Meadow Lake Wind Farm VI LLC; 20426. (202) 502–8659. Supplemental Notice That Initial The filings in the above-referenced Market-Based Rate Filing Includes Dated: March 28, 2018. proceeding are accessible in the Request for Blanket Section 204 Nathaniel J. Davis, Sr., Commission’s eLibrary system by Authorization Deputy Secretary. clicking on the appropriate link in the [FR Doc. 2018–06702 Filed 4–2–18; 8:45 am] above list. They are also available for This is a supplemental notice in the BILLING CODE 6717–01–P electronic review in the Commission’s above-referenced proceeding of Meadow Public Reference Room in Washington, Lake Wind Farm VI LLC’s application DC. There is an eSubscription link on for market-based rate authority, with an DEPARTMENT OF ENERGY the website that enables subscribers to accompanying rate tariff, noting that receive email notification when a such application includes a request for Federal Energy Regulatory document is added to a subscribed blanket authorization, under 18 CFR Commission docket(s). For assistance with any FERC part 34, of future issuances of securities [Docket No. ER18–1186–000] Online service, please email and assumptions of liability. [email protected] or call Any person desiring to intervene or to Turtle Creek Wind Farm LLC; (866) 208–3676 (toll free). For TTY, call protest should file with the Federal Supplemental Notice That Initial (202) 502–8659. Energy Regulatory Commission, 888 Market-Based Rate Filing Includes First Street NE, Washington, DC 20426, Dated: March 28, 2018. Request for Blanket Section 204 Nathaniel J. Davis, Sr., in accordance with Rules 211 and 214 Authorization of the Commission’s Rules of Practice Deputy Secretary. and Procedure (18 CFR 385.211 and This is a supplemental notice in the [FR Doc. 2018–06699 Filed 4–2–18; 8:45 am] 385.214). Anyone filing a motion to above-referenced proceeding of Turtle BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY EDF Renewable Energy, Inc. v. Affairs, (202) 502–8004, Midcontinent Independent System [email protected] Federal Energy Regulatory Operator, Inc., Docket No. EL18–55– Myra Sinnott (Technical Information), Commission 000; Office of Energy Policy and Southwest Power Pool, Inc., Docket Innovation, (202) 502–6033, [Docket No. AD18–8–000; Docket No. EL18– No. ER18–421–000; [email protected] 26–000] Midcontinent Independent System Kathleen Ratcliff (Technical Operator, Inc., Docket No. ER18–636– Information), Office of Energy Market EDF Renewable Energy, Inc. v. Reform 000; Regulation, (202) 502–8018, of Affected System Coordination in the Midcontinent Independent System [email protected] Generator Interconnection Process, Operator, Inc., Docket No. ER16–1346– Lina Naik (Legal Information), Office of Midcontinent Independent System 003; the General Counsel, (202) 502–8882, Operator, Inc., Southwest Power Pool, Midcontinent Independent System [email protected] Inc., and PJM Interconnection, L.L.C.; Operator, Inc., Docket No. ER16–1817– Supplemental Notice of Technical 004; Dated: March 26, 2018. Conference Midcontinent Independent System Kimberly D. Bose, Operator, Inc., Docket No. EL18–17– Secretary. As announced in the Notice of 000; [FR Doc. 2018–06687 Filed 4–2–18; 8:45 am] Technical Conference issued in this Midcontinent Independent System BILLING CODE 6717–01–P proceeding on February 2, 2018 and the Operator, Inc., Docket No. ER17–156– Supplemental Notice of Technical 002; and Conference issued on February 27, 2018, TranSource, LLC v. PJM DEPARTMENT OF ENERGY the Federal Energy Regulatory Interconnection, L.L.C., Docket No. Commission (Commission) will convene EL15–79–001. Federal Energy Regulatory a staff-led technical conference in the The conference will be open for the Commission above-referenced proceeding on public to attend. Information on the Tuesday and Wednesday, April 3–4, technical conference will also be posted Combined Notice of Filings 2018 from 9:30 a.m. to 4:30 p.m. (ET). on the Calendar of Events on the Take notice that the Commission has The conference will be held in the Commission’s website, http:// received the following Natural Gas Commission Meeting Room at www.ferc.gov, prior to the event. Pipeline Rate and Refund Report filings: Commission headquarters, 888 First Advance registration is not required but Street NE, Washington, DC 20426. is encouraged. Attendees may register at Filings Instituting Proceedings Commissioners may attend and the following web page: http:// Docket Numbers: RP18–584–000. participate. The purpose of this www.ferc.gov/whats-new/registration/ Applicants: Enable Gas Transmission, conference is to discuss issues related to 04-03-18-form.asp. LLC. the coordination of affected systems that This event will be webcast and Description: Annual Revenue have been raised in the complaint filed transcribed. Anyone with internet Crediting Filing of Enable Gas by EDF Renewable Energy, Inc. against access can navigate to the ‘‘FERC Transmission, LLC. Midcontinent Independent System Calendar’’ at www.ferc.gov and locate Filed Date: 3/23/18. Operator, Inc., Southwest Power Pool, the technical conference in the Calendar Accession Number: 20180323–5202. Inc., and PJM Interconnection, L.L.C. in of Events. Opening the technical Comments Due: 5 p.m. ET 4/4/18. Docket No. EL18–26–000 and in the conference in the Calendar of Events Commission’s Notice of Proposed will reveal a link to its webcast. The Docket Numbers: RP18–234–001. Rulemaking (Generator Interconnection Capitol Connection provides technical Applicants: Northern Border Pipeline NOPR) on the interconnection process support for the webcast and offers the Company. in Docket No. RM17–8–000. The first option of listening to the meeting via Description: Compliance filing day of the conference will focus on phone-bridge for a fee. If you have any Settlement Compliance Period 2 Apr18– questions specific to issues raised in the questions, visit Dec19 to be effective 4/1/2018. complaint filed in Docket No. EL18–26– www.capitolconnection.org or call 703– Filed Date: 3/27/18. 000, while the second day of the 993–3100. The webcast will be available Accession Number: 20180327–5052. conference will focus on the broader on the Calendar of Events at Comments Due: 5 p.m. ET 4/9/18. affected systems issues raised in the www.ferc.gov for three months after the Docket Numbers: RP18–585–000. Generator Interconnection NOPR in conference. Transcripts of the Applicants: Iroquois Gas Docket No. RM17–8–000. conference will be immediately Transmission System, L.P. An agenda with a list of selected available for a fee from Ace-Federal Description: § 4(d) Rate Filing: 032718 speakers is attached and will be Reporters, Inc. (202–347–3700). Negotiated Rates—Uniper Global available in the Commission Calendar of Commission conferences are Commodities R–7650–02 to be effective Events at http://www.ferc.gov. accessible under section 508 of the 4/1/2018. While this conference is not for the Rehabilitation Act of 1973. For Filed Date: 3/27/18. purpose of discussing other specific accessibility accommodations, please Accession Number: 20180327–5037. cases, we note that the discussions at send an email to [email protected] Comments Due: 5 p.m. ET 4/9/18. the conference may address matters at or call toll free 1–866–208–3372 (voice) Docket Numbers: RP18–586–000. issue in the following Commission or 202–502–8659 (TTY), or send a fax to Applicants: Tennessee Gas Pipeline proceedings that are either pending or 202–208–2106 with the required Company, L.L.C. within their rehearing period: accommodations. Description: § 4(d) Rate Filing: Internal MISO Generators v. For more information about this Volume No. 2—Neg. Rate Agmt—MEX Midcontinent Independent System technical conference, please contact: Gas Supply, S.L. SP301591— Operator, Inc., Docket No. EL15–99– Sarah McKinley (Logistical Amendment No. 2 to be effective 4/1/ 000; Information), Office of External 2018.

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Filed Date: 3/27/18. Comments Due: 5 p.m. ET 4/9/18. FURTHER INFORMATION CONTACT section to Accession Number: 20180327–5100. The filings are accessible in the view copies of the final Order, the Comments Due: 5 p.m. ET 4/9/18. Commission’s eLibrary system by Petition, and other supporting Docket Numbers: RP18–587–000. clicking on the links or querying the information. You may review copies of Applicants: Iroquois Gas docket number. the final Order, the Petition, and other Transmission System, L.P. Any person desiring to intervene or supporting information at the EPA Description: § 4(d) Rate Filing: 032718 protest in any of the above proceedings Region 5 Office, 77 W. Jackson Blvd., Negotiated Rates—Vitol Inc. R–7495–06 must file in accordance with Rules 211 Chicago Illinois, 60604. You may view to be effective 4/1/2018. and 214 of the Commission’s the hard copies Monday through Friday, Filed Date: 3/27/18. Regulations (18 CFR 385.211 and from 9 a.m. to 4 p.m., excluding Federal Accession Number: 20180327–5104. 385.214) on or before 5:00 p.m. Eastern holidays. If you wish to examine these Comments Due: 5 p.m. ET 4/9/18. time on the specified comment date. documents, you should make an Docket Numbers: RP18–588–000. Protests may be considered, but appointment at least 24 hours before the Applicants: Iroquois Gas intervention is necessary to become a visiting day. Additionally, the final Transmission System, L.P. party to the proceeding. Order and Petition are available Description: § 4(d) Rate Filing: 032718 eFiling is encouraged. More detailed electronically at: https://www.epa.gov/ Negotiated Rates—Macquarie Energy information relating to filing title-v-operating-permits/title-v-petition- LLC R–4090–16 to be effective 4/1/2018. requirements, interventions, protests, database. Filed Date: 3/27/18. service, and qualifying facilities filings FOR FURTHER INFORMATION CONTACT: Accession Number: 20180327–5106. can be found at: http://www.ferc.gov/ Genevieve Damico, EPA Region 5, (312) Comments Due: 5 p.m. ET 4/9/18. docs-filing/efiling/filing-req.pdf. For 353–4761, [email protected]. Docket Numbers: RP18–589–000. other information, call (866) 208–3676 SUPPLEMENTARY INFORMATION: The CAA Applicants: Natural Gas Pipeline (toll free). For TTY, call (202) 502–8659. affords EPA a 45-day period to review Company of America. Dated: March 28, 2018. and object to, as appropriate, operating Description: § 4(d) Rate Filing: Nathaniel J. Davis, Sr., permits proposed by state permitting Amended Negotiated Rate Agreement— Deputy Secretary. authorities under title V of the CAA. Section 505(b)(2) of the CAA authorizes DTE Energy to be effective 4/1/2018. [FR Doc. 2018–06698 Filed 4–2–18; 8:45 am] Filed Date: 3/28/18. any person to petition the EPA BILLING CODE 6717–01–P Accession Number: 20180328–5000. Administrator to object to a title V Comments Due: 5 p.m. ET 4/9/18. operating permit within 60 days after Docket Numbers: RP18–590–000. the expiration of EPA’s 45-day review ENVIRONMENTAL PROTECTION Applicants: Natural Gas Pipeline period, if EPA has not objected on its AGENCY Company of America. own initiative. Petitions must be based Description: § 4(d) Rate Filing: [FRL–9976–11—Region 5] only on objections to the permit that Amended Negotiated Rate Filing— were raised with reasonable specificity Tenaska Marketing Ventures to be Clean Air Act Operating Permit during the public comment period effective 4/1/2018. Program; Petitions for Objection to provided by the state, unless the Filed Date: 3/28/18. State Operating Permit for Superior petitioner demonstrates that it was Accession Number: 20180328–5001. Silica Sands and Wisconsin Proppants impracticable to raise these issues Comments Due: 5 p.m. ET 4/9/18. LLC during the comment period or unless the grounds for the issues arose after Docket Numbers: RP18–591–000. AGENCY: Environmental Protection this period. Applicants: Tennessee Gas Pipeline Agency (EPA). EPA received the Petitions from Ho- Company, L.L.C. ACTION: Notice of final order on Chunk Nation and the Sierra Club John Description: § 4(d) Rate Filing: petitions for objection to Clean Air Act Muir Chapter dated October 25, 2016 Volume No. 2—Neg Rate Agmt— title V operating permits. and January 25, 2017, requesting that Sequent Energy Mgmt SP100239— EPA object to the issuance of operating Correct Exhibit A to be effective 4/1/ SUMMARY: The Environmental Protection permit no. 603110860–P01, issued by 2018. Agency (EPA) Administrator signed an the WDNR to Superior Silica Sands for Filed Date: 3/28/18. Order dated February 26, 2018, denying its industrial sand mining and Accession Number: 20180328–5003. Petitions dated October 25, 2016 and processing facility in Barron County, Comments Due: 5 p.m. ET 4/9/18. January 25, 2017 from the Ho-Chunk Wisconsin, and operating permit no. Docket Numbers: RP18–592–000. Nation and the Sierra Club John Muir 627026620–P01, issued by the WDNR to Applicants: Rover Pipeline LLC. Chapter. The first Petition requested Wisconsin Proppants for it industrial Description: § 4(d) Rate Filing: Non- that EPA object to a Clean Air Act sand mine and processing facility in Conforming Agreement—3 in (CAA) title V operating permit issued by Jackson County, Wisconsin. The compliance with CP15–93 Order to be the Wisconsin Department of Natural Petitions alleged that (1) the permits are effective 5/1/2018. Resources (WDNR) to Superior Silica deficient because they do not include Filed Date: 3/28/18. Sands for its industrial sand mining and emissions estimates for all sources of Accession Number: 20180328–5028. processing facility in Barron County, particulate matter of less than 2.5 Comments Due: 5 p.m. ET 4/9/18. Wisconsin. The second Petition also microns (PM 2.5), (2) the permits are Docket Numbers: RP18–593–000. requested that EPA object to a CAA title deficient because PM 2.5 limits that Applicants: Rover Pipeline LLC. V operating permit issued by the WDNR were based on previous modeling were Description: § 4(d) Rate Filing: Non- to Wisconsin Proppants for its industrial removed and WDNR has not made a Conforming Agreement List Update—3 sand mine and processing facility in defensible finding that the proposed to be effective 5/1/2018. Jackson County, Wisconsin. permits will not cause or contribute to Filed Date: 3/28/18. ADDRESSES: EPA requests that you an exceedance of any ambient air Accession Number: 20180328–5029. contact the individual listed in the FOR quality standard, and (3) (raised in

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Superior Silica Sands only) the permit requirements to assure that electronic should include the following does not assure compliance with New documents are as legally dependable as information: Source Performance Standard for PM their paper counterparts. Subpart D of (1) The name, address and telephone limits because the permit does not CROMERR requires that state, tribal or number of the individual, organization require the facility to operate the control local government agencies that receive, or other entity requesting a hearing; device according to all of the design or wish to begin receiving, electronic (2) A brief statement of the requesting parameters specified in the reports under their EPA-authorized person’s interest in EPA’s manufacturer’s guarantees. programs must apply to EPA for a determination, a brief explanation as to On February 26, 2018, the EPA revision or modification of those why EPA should hold a hearing, and Administrator issued an Order denying programs and obtain EPA approval. any other information that the the Petitions. The Order explains the Subpart D provides standards for such requesting person wants EPA to basis for EPA’s decision. approvals based on consideration of the consider when determining whether to Sections 307(b) and 505(b)(2) of the electronic document receiving systems grant the request; CAA provide that a petitioner may that the state, tribe, or local government (3) The signature of the individual request judicial review of those portions will use to implement the electronic making the request, or, if the request is of an order that deny issues in a reporting. Additionally, § 3.1000(b) made on behalf of an organization or petition. Any petition for review shall through (e) of 40 CFR part 3, subpart D other entity, the signature of a be filed in the United States Court of provides special procedures for program responsible official of the organization Appeals for the appropriate circuit no revisions and modifications to allow or other entity. later than June 4, 2018. electronic reporting, to be used at the In the event a hearing is requested Dated: March 20, 2018. option of the state, tribe or local and granted, EPA will provide notice of government in place of procedures Edward H. Chu, the hearing in the Federal Register not available under existing program- Acting Regional Administrator, Region 5. less than 15 days prior to the scheduled specific authorization regulations. An hearing date. Frivolous or insubstantial [FR Doc. 2018–06764 Filed 4–2–18; 8:45 am] application submitted under the subpart requests for hearing may be denied by BILLING CODE 6560–50–P D procedures must show that the state, EPA. Following such a public hearing, tribe or local government has sufficient EPA will review the record of the legal authority to implement the hearing and issue an order either ENVIRONMENTAL PROTECTION electronic reporting components of the AGENCY affirming today’s determination or programs covered by the application rescinding such determination. If no [9970–81–OEI] and will use electronic document timely request for a hearing is received receiving systems that meet the and granted, EPA’s approval of the State Cross-Media Electronic Reporting: applicable subpart D requirements. of California’s request to revise its part Authorized Program Revision On February 14, 2018, the California 142—National Primary Drinking Water Approval, State of California State Water Resources Control Board Regulations Implementation program to (CA SWRCB) submitted an application AGENCY: Environmental Protection allow electronic reporting will become titled ‘‘Compliance Monitoring Data Agency (EPA). effective 30 days after today’s notice is Portal’’ for revision to its EPA-approved ACTION: Notice. published, pursuant to CROMERR drinking water program under title 40 section 3.1000(f)(4). SUMMARY: This notice announces EPA’s CFR to allow new electronic reporting. approval of the State of California’s EPA reviewed CA SWRCB’s request to Matthew Leopard, request to revise its National Primary revise its EPA-authorized program and, Director, Office of Information Management. Drinking Water Regulations based on this review, EPA determined [FR Doc. 2018–06706 Filed 4–2–18; 8:45 am] Implementation EPA-authorized that the application met the standards BILLING CODE 6560–50–P program to allow electronic reporting. for approval of authorized program revision set out in 40 CFR part 3, DATES: EPA approves the authorized subpart D. In accordance with 40 CFR program revision for the State of FEDERAL RESERVE SYSTEM 3.1000(d), this notice of EPA’s decision California’s National Primary Drinking to approve California’s request to revise Water Regulations Implementation Formations of, Acquisitions by, and its Part 142—National Primary Drinking program as of May 3, 2018, if no timely Mergers of Bank Holding Companies Water Regulations Implementation request for a public hearing is received program to allow electronic reporting The companies listed in this notice and accepted by the Agency. under 40 CFR part 141 is being have applied to the Board for approval, FOR FURTHER INFORMATION CONTACT: published in the Federal Register. pursuant to the Bank Holding Company Karen Seeh, U.S. Environmental CA SWRCB was notified of EPA’s Act of 1956 (12 U.S.C. 1841 et seq.) Protection Agency, Office of determination to approve its application (BHC Act), Regulation Y (12 CFR part Environmental Information, Mail Stop with respect to the authorized program 225), and all other applicable statutes 2823T, 1200 Pennsylvania Avenue NW, listed above. and regulations to become a bank Washington, DC 20460, (202) 566–1175, Also, in today’s notice, EPA is holding company and/or to acquire the [email protected]. informing interested persons that they assets or the ownership of, control of, or SUPPLEMENTARY INFORMATION: On may request a public hearing on EPA’s the power to vote shares of a bank or October 13, 2005, the final Cross-Media action to approve the State of bank holding company and all of the Electronic Reporting Rule (CROMERR) California’s request to revise its banks and nonbanking companies was published in the Federal Register authorized public water system program owned by the bank holding company, (70 FR 59848) and codified as part 3 of under 40 CFR part 142, in accordance including the companies listed below. title 40 of the CFR. CROMERR with 40 CFR 3.1000(f). Requests for a The applications listed below, as well establishes electronic reporting as an hearing must be submitted to EPA as other related filings required by the acceptable regulatory alternative to within 30 days of publication of today’s Board, are available for immediate paper reporting and establishes Federal Register notice. Such requests inspection at the Federal Reserve Bank

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indicated. The applications will also be ADDRESSES: Interested parties may file a Financial Protection Bureau (CFPB) on available for inspection at the offices of comment online or on paper, by July 21, 2011 (‘‘transfer date’’). To the Board of Governors. Interested following the instructions in the implement this transferred authority, persons may express their views in Request for Comment part of the the CFPB published interim final rules writing on the standards enumerated in SUPPLEMENTARY INFORMATION section for new regulations in 12 CFR part 1002 the BHC Act (12 U.S.C. 1842(c)). If the below. Write ‘‘Regs BEMZ, PRA (Regulation B), 12 CFR part 1005 proposal also involves the acquisition of Comments, P084812’’ on your comment (Regulation E), 12 CFR part 1013 a nonbanking company, the review also and file your comment online at https:// (Regulation M), and 12 CFR 1026 includes whether the acquisition of the ftcpublic.commentworks.com/ftc/ (Regulation Z) for those entities under nonbanking company complies with the RegsBEMZpra by following the its rulemaking jurisdiction, which were standards in section 4 of the BHC Act instructions on the web-based form. If issued as final rules thereafter.1 (12 U.S.C. 1843). Unless otherwise you prefer to file your comment on Although the Dodd-Frank Act noted, nonbanking activities will be paper, mail your comment to the transferred most rulemaking authority conducted throughout the United States. following address: Federal Trade under ECOA, EFTA, CLA, and TILA to Unless otherwise noted, comments Commission, Office of the Secretary, regarding each of these applications 600 Pennsylvania Avenue NW, Suite the CFPB, the Board retained must be received at the Reserve Bank CC–5610 (Annex J), Washington, DC rulemaking authority for certain motor 2 indicated or the offices of the Board of 20580, or deliver your comment to the vehicle dealers under all of these Governors not later than May 1, 2018. following address: Federal Trade statutes and also for certain interchange- A. Federal Reserve Bank of Atlanta Commission, Office of the Secretary, related requirements under EFTA.3 (Kathryn Haney, Director of Constitution Center, 400 7th Street SW, As a result of the Dodd-Frank Act, the Applications) 1000 Peachtree Street NE, 5th Floor, Suite 5610 (Annex J), FTC and the CFPB generally share the Atlanta, Georgia 30309. Comments can Washington, DC 20024. authority to enforce Regulations B, E, M, also be sent electronically to FOR FURTHER INFORMATION CONTACT: and Z for entities for which the FTC had [email protected]: Requests for additional information or enforcement authority before the Act, 1. Henderson Bancshares, Inc., Troy, copies of the proposed information except for certain motor vehicle Alabama; to merge with First Brundidge requirements should be addressed to dealers.4 Because of the generally Bancshares, Inc., and thereby directly Carole Reynolds or Stephanie shared enforcement jurisdiction, the two acquire First National Bank of Rosenthal, Attorneys, Division of agencies have divided the FTC’s Brundidge, both of Brundidge, Alabama. Financial Practices, Bureau of Consumer previously-cleared PRA burden In connection with this proposal, Protection, Federal Trade Commission, Henderson’s parent company, Trust 600 Pennsylvania Ave. NW, 1 12 CFR 1002 (Reg. B) (76 FR 79442, Dec. 21, Number 3 under the Will of Charles Washington, DC 20580, (202) 326–3224. 2011) (81 FR 25323, Apr. 28, 2016); 12 CFR 1005 Henderson, Troy, Alabama, will SUPPLEMENTARY INFORMATION: The four (Reg. E) (76 FR 81020, Dec. 27, 2011); (81 FR 25323, indirectly acquire First Brundidge Apr. 28, 2016) 12 CFR 1013 (Reg. M) (76 FR 78500, regulations covered by this notice are: Dec. 19, 2011) (81 FR 25323, Apr. 28, 2016); 12 CFR Bancshares, Inc. and First National Bank (1) Regulations promulgated under 1026 (Reg. Z) (76 FR 79768, Dec. 22, 2011) (81 FR of Brundidge both of Brundidge, the Equal Credit Opportunity Act, 15 25323, Apr. 28, 2016). Alabama. U.S.C. 1691 et seq. (‘‘ECOA’’) 2 Generally, these are dealers ‘‘predominantly Board of Governors of the Federal Reserve engaged in the sale and servicing of motor vehicles, (‘‘Regulation B’’) (OMB Control Number: the leasing and servicing of motor vehicles, or System, March 29, 2018. 3084–0087); both.’’ See Dodd-Frank Act, § 1029(a), –(c). Ann Misback, (2) Regulations promulgated under 3 See Dodd-Frank Act, § 1075 (these requirements Secretary of the Board. the Electronic Fund Transfer Act, 15 are implemented through Board Regulation II, 12 CFR 235, rather than EFTA’s implementing [FR Doc. 2018–06731 Filed 4–2–18; 8:45 am] U.S.C. 1693 et seq. (‘‘EFTA’’) (‘‘Regulation E’’) (OMB Control Number: Regulation E). BILLING CODE P 4 The FTC’s enforcement authority includes state- 3084–0085); chartered credit unions; other federal agencies also (3) Regulations promulgated under have various enforcement authority over credit FEDERAL TRADE COMMISSION the Consumer Leasing Act, 15 U.S.C. unions. For example, for large credit unions 1667 et seq. (‘‘CLA’’) (‘‘Regulation M’’) (exceeding $10 billion in assets), the CFPB has certain authority. The National Credit Union Agency Information Collection (OMB Control Number: 3084–0086); and Administration also has certain authority for state- Activities; Proposed Collection; (4) Regulations promulgated under chartered federally insured credit unions, and it Comment Request; Extension the Truth-In-Lending Act, 15 U.S.C. additionally provides insurance for certain state- 1601 et seq. (‘‘TILA’’) (‘‘Regulation Z’’) chartered credit unions through the National Credit AGENCY: Federal Trade Commission (OMB Control Number: 3084–0088). Union Share Insurance Fund and examines credit (‘‘FTC’’ or ‘‘Commission’’). unions for various purposes. There are The FTC enforces these statutes as to approximately three state-chartered credit unions ACTION: Notice. all businesses engaged in conduct these exceeding $10 billion in assets, and the CFPB laws cover unless these businesses assumes PRA burden for those entities. As of the SUMMARY: The FTC intends to ask the (such as federally chartered or insured third quarter of 2017, there were approximately the Office of Management and Budget following number of state-chartered credit unions: depository institutions) are subject to 2,347 state-chartered credit unions—2,106 federally (‘‘OMB’’) to extend for an additional the regulatory authority of another insured, 125 privately insured, and 116 in Puerto three years the current Paperwork federal agency. Rico insured by a quasi-governmental entity. Reduction Act (‘‘PRA’’) clearance for the Under the Dodd-Frank Wall Street Because of the difficulty in parsing out PRA burden FTC’s enforcement of the information for such entities in view of the overlapping Reform and Consumer Protection Act authority, the FTC’s figures include PRA burden for collection requirements in four (‘‘Dodd-Frank Act’’), Public Law 111– all state-chartered credit unions (rounded to 2,300). consumer financial regulations enforced 203, 124 Stat. 1376 (2010), almost all As noted above, the CFPB’s figures as to state by the Commission. Those clearances rulemaking authority for the ECOA, chartered credit unions include burden for those expire on July 31, 2018. entities exceeding $10 billion in assets EFTA, CLA, and TILA transferred from (approximately 3 entities). See generally Dodd- DATES: Comments must be filed by June the Board of Governors of the Federal Frank Act, §§ 1061, 1025, 1026. This attribution 4, 2018. Reserve System (Board) to the Consumer does not change actual enforcement authority.

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estimates between them,5 except that recordkeeping requirements.8 Covered the following burden calculations the FTC has assumed all of the burden entities, however, may incur some consist of, among others, credit and estimates associated with motor vehicle burden associated with ensuring that lease advertisers, creditors, owners dealers 6 and now is also doing the same they do not prematurely dispose of (such as purchasers and assignees) of regarding estimated burden for state- relevant records (i.e., during the time credit obligations, financial institutions, chartered credit unions (both reflected span they must retain records under the service providers, certain government in the burden summaries below as a applicable regulation). agencies and others involved in ‘‘carve-out’’). The division of PRA The regulations also require covered delivering electronic fund transfers burden hours not attributable to motor entities to make disclosures to third- (‘‘EFTs’’) of government benefits, and vehicle dealers and, as appropriate, to parties. Related compliance involves lessors.10 The burden estimates state-chartered credit unions, is set-up/monitoring and transaction- represent FTC staff’s best assessment, reflected in the CFPB’s PRA clearance specific costs. ‘‘Set-up’’ burden, based on its knowledge and expertise requests to OMB, as well as in the FTC’s incurred only by covered new entrants, relating to the financial services burden estimates below. includes their identifying the applicable industry, of the average time to Through the Dodd-Frank Act, the FTC required disclosures, determining how complete the aforementioned tasks generally has sole authority to enforce best to comply, and designing and associated with recordkeeping and Regulations B, E, M, and Z regarding developing compliance systems and disclosure. Staff considered the wide certain motor vehicle dealers procedures. ‘‘Monitoring’’ burden, variations in covered entities’ (1) size predominantly engaged in the sale and incurred by all covered entities, and location; (2) credit or lease products servicing of motor vehicles, the leasing includes their time and costs to review offered, extended, or advertised, and and servicing of motor vehicles, or both, changes to regulatory requirements, their particular terms; (3) EFT types that, among other things, assign their make necessary revisions to compliance used; (4) types and frequency of adverse contracts to unaffiliated third parties.7 systems and procedures, and to monitor actions taken; (5) types of appraisal Because the FTC has exclusive the ongoing operation of systems and reports utilized; and (6) computer jurisdiction to enforce these rules for procedures to ensure continued systems and electronic features of such motor vehicle dealers and retains compliance. ‘‘Transaction-related’’ compliance operations. its concurrent authority with the CFPB burden refers to the time and cost The cost estimates that follow relate for other types of motor vehicle dealers, associated with providing the various solely to labor costs, and they include and in view of the different types of required disclosures in individual the time necessary to train employees motor vehicle dealers, the FTC is transactions, thus, generally, of much how to comply with the regulations. including for itself the entire PRA lesser magnitude than ‘‘monitoring’’ (or Staff calculated labor costs by burden for all motor vehicle dealers in ‘‘setup’’) burden. The FTC’s estimates of multiplying appropriate hourly wages the burden estimates below. transaction time and volume are by the burden hours described above. The regulations impose certain intended as averages. The population of The hourly wages used were $56 for recordkeeping and disclosure affected motor vehicle dealers is one managerial oversight, $42 for skilled requirements associated with providing component of a much larger universe of technical services, and $17 for clerical credit or with other financial such entities. work. These figures are averages drawn transactions. Under the PRA, 44 U.S.C. The required disclosures do not from Bureau of Labor Statistics data.11 3501–3521, Federal agencies must get impose PRA burden on some covered Further, the FTC cost estimates assume OMB approval for each collection of entities because they make those the following labor category information they conduct or sponsor. disclosures in their normal course of apportionments, except where ‘‘Collection of information’’ includes activities. For other covered entities that otherwise indicated below: agency requests or requirements to do not, their compliance burden will Recordkeeping—10% skilled technical, submit reports, keep records, or provide vary widely depending on the extent to 90% clerical; disclosure—10% information to a third party. See 44 which they have developed effective managerial, 90% skilled technical. U.S.C. 3502(3); 5 CFR 1320.3(c). computer-based or electronic systems The applicable PRA requirements All four of these regulations require and procedures to communicate and impose minimal capital or other non- 9 covered entities to keep certain records, document required disclosures. labor costs. Affected entities generally but FTC staff believes these records are Calculating the burden associated already have the necessary equipment kept in the normal course of business with the four regulations’ disclosure for other business purposes. Similarly, even absent the particular requirements is very difficult because of FTC staff estimates that compliance the highly diverse group of affected with these rules entails minimal 5 The CFPB also factors into its burden estimates entities. The ‘‘respondents’’ included in printing and copying costs beyond that respondents over which it has jurisdiction but the associated with documenting financial FTC does not. 8 PRA ‘‘burden’’ does not include ‘‘time, effort, 6 See Dodd-Frank Act § 1029 (a), as limited by and financial resources’’ expended in the normal transactions in the normal course of subsection (b) as to motor vehicle dealers. course of business, regardless of any regulatory business. Subsection (b) does not preclude CFPB regulatory requirement. See 5 CFR 1320.3(b)(2). The following discussion and tables oversight regarding, among others, businesses that 9 For example, large companies may use present FTC estimates under the PRA of extend retail credit or retail leases for motor computer-based and/or electronic means to provide vehicles in which the credit or lease offered is required disclosures, including issuing some recordkeeping and disclosure average provided directly from those businesses, rather than disclosures en masse, e.g., notice of changes in unaffiliated third parties, to consumers. It is not terms. Smaller companies may have less automated 10 The Commission generally does not have practicable, however, for PRA purposes, to estimate compliance systems but may nonetheless rely on jurisdiction over banks, thrifts, and federal credit the portion of dealers that engage in one form of electronic mechanisms for disclosures and unions under the applicable regulations. financing versus another (and that would or would recordkeeping. Regardless of size, some entities 11 These inputs are based broadly on mean hourly not be subject to CFPB oversight). Thus, FTC staff’s may utilize compliance systems that are fully data found within the ‘‘Bureau of Labor Statistics, ‘‘carve-out’’ for this PRA burden analysis reflects a integrated into their general business operational Economic News Release,’’ March 31, 2017, Table 1, general estimated volume of motor vehicle dealers. system; if so, they may have minimal additional ‘‘National employment and wage data from the This attribution does not change actual enforcement burden. Other entities may have incorporated fewer Occupational Employment Statistics survey by authority. of these approaches into their systems and thus may occupation, May 2016.’’ http://www.bls.gov/ 7 See Dodd-Frank Act, § 1029(a), –(c). have a higher burden. news.release/ocwage.t01.htm.

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time and labor costs, excluding that burden of one minute each (of skilled credit with first liens to provide a copy which the FTC believes entities incur technical time) for approximately 2.6 of the appraisal report or other written customarily in the normal course of million credit applications (based on valuation to applicants.17 Finally, business 12 and information compiled industry data regarding the approximate Regulation B also requires that for and produced in response to FTC law number of mortgage purchase and accounts which spouses may use or for enforcement investigations or refinance originations), for a total of which they are contractually liable, prosecutions.13 43,333 hours.15 Staff also estimates that creditors who report credit history must 1. Regulation B recordkeeping of self-testing subject to do so in a manner reflecting both the regulation would affect 1,500 firms, spouses’ participation. Further, it The ECOA prohibits discrimination in with an average annual burden of one requires creditors that collect applicant the extension of credit. Regulation B hour (of skilled technical time) per firm, characteristics for purposes of implements the ECOA, establishing for a total of 1,500 hours, and that conducting a self-test to disclose to disclosure requirements to assist recordkeeping of any corrective action those applicants that: (1) Providing the customers in understanding their rights as a result of self-testing would affect information is optional; (2) the creditor under the ECOA and recordkeeping 10% of them, i.e., 150 firms, with an will not take the information into requirements to assist agencies in average annual burden of four hours (of account in any aspect of the credit enforcement. Regulation B applies to skilled technical time) per firm, for a transactions; and (3) if applicable, the retailers, mortgage lenders, mortgage total of 600 hours.16 Keeping associated information will be noted by visual brokers, finance companies, and others. records of race/national origin, sex, age, observation or surname if the applicant Recordkeeping and marital status requires an estimated chooses not to provide it.18 FTC staff estimates that Regulation B’s one minute of skilled technical time. Burden Totals general recordkeeping requirements Disclosure affect 530,762 credit firms subject to the Recordkeeping: 708,886 hours Commission’s jurisdiction, at an average Regulation B requires that creditors (631,281 + 77,605 carve-out); annual burden of 1.25 hours per firm for (i.e., entities that regularly participate in $14,845,512 ($13,316,477 + $1,529,035 a total of 663,453 hours.14 Staff also the decision whether to extend credit carve-out), associated labor costs. estimates that the requirement that under Regulation B) provide notices Disclosures: 1,088,912 hours (961,224 mortgage creditors monitor information whenever they take adverse action, such + 127,688 carve-out); $47,258,792 about race/national origin, sex, age, and as denial of a credit application. It ($41,717,144 + $5,541,648 carve-out), marital status imposes a maximum requires entities that extend mortgage associated labor costs. REGULATION B—DISCLOSURES—BURDEN HOURS

Setup/Monitoring 1 Transaction-related 2 Average Total setup/ Number of Average Total Total Disclosures Respondents burden per monitoring transactions burden per transaction burden respondent burden transaction burden (hours) (hours) (hours) (minutes) (hours)

Credit history reporting ...... 133,553 .25 33,388 60,098,850 .25 250,412 283,800 Adverse action notices ...... 530,762 .75 398,072 92,883,350 .25 387,014 785,086 Appraisal reports/written valuations ...... 4,650 1 4,650 1,725,150 .50 14,376 19,026 Self-test disclosures ...... 1,500 .5 750 60,000 .25 250 1,000

Total ...... 1,088,912 1 The estimates assume that all applicable entities would be affected, with respect to appraisal reports and other written valuations. These entities have decreased slightly, while credit history, adverse action and self-test entities have increased slightly, from prior FTC estimates, based on market changes. 2 Applicable transactions have increased for appraisal reports; however, credit history, adverse action and self-test transactions have decreased, based on market changes. Taken together, the overall total disclosure burden has decreased.

12 See supra note 8 and accompanying text. available at https://www.ftc.gov/news-events/press- implement it. The Commission will address PRA 13 See 5 CFR 1320.4(a) (excluding information releases/2015/03/ftc-multiple-law-enforcement- burden for its enforcement of the requirement after collected in response to, among other things, a partners-announce-crackdown. The FTC also the CFPB and the Board have issued the associated federal civil action or ‘‘during the conduct of an frequently issues business ‘‘blog’’ guidance with its final rules. administrative action, investigation, or audit enforcement initiatives to guide and facilitate 15 Regulation B contains model forms that involving an agency against specific individuals or compliance. See, e.g., Lesley Fair, ‘‘FTC says car creditors may use to gather and retain the required entities’’). dealer took consumers for a ride—again, FTC information. BUSINESS CENTER BLOG (Aug. 18, 2016), FTC enforcement initiatives are based on diverse 16 In contrast to banks, for example, entities under available at https://www.ftc.gov/news-events/blogs/ statutory and regulatory requirements. Some actions FTC jurisdiction are not subject to audits by the business-blog/2016/08/ftc-says-car-dealer-took- are brought in partnership with other federal and FTC for compliance with Regulation B; rather they state agencies and encompass matters enforced by consumers-ride-again; Lesley Fair, Operation Ruse Control: Six tips if cars are up your alley, FTC may be subject to FTC investigations and those agencies, not solely issues related to enforcement actions. This may impact the level of Regulations M and Z. Further, even where BUSINESS CENTER BLOG (Mar. 26, 2015), self-testing (as specifically defined by Regulation B) Regulations M and Z matters also are involved in available at https://www.ftc.gov/news-events/blogs/ in a given year, and staff has sought to address such FTC actions, or are in the broader initiative or business-blog/2015/03/operation-ruse-control-6- factors in its burden estimates. enforcement sweep of automobile actions, the tips-if-cars-are-your-alley. 17 actions frequently include charges of unfair and/or 14 Section 1071 of the Dodd-Frank Act amended While the rule also requires the creditor to deceptive practices under Section 5 of the FTC Act, the ECOA to require financial institutions to collect provide a short written disclosure regarding the 15 U.S.C. 45(a), and/or may involve warranty and report information concerning credit appraisal process, the disclosure is provided by the violations under the Magnuson Moss Warranty Act, applications by women- or minority-owned CFPB, and is thus not a ‘‘collection of information’’ 15 U.S.C. 2301–2312, and other issues not pertinent businesses and small businesses, effective on the for PRA purposes. Accordingly, it is not included to this PRA submission. See, e.g., FTC, Press July 21, 2011 transfer date. Both the CFPB and the in burden estimates below. Release, FTC, Multiple Law Enforcement Partners Board have exempted affected entities from 18 The disclosure may be provided orally or in Announce Crackdown on Deception, Fraud in Auto complying with this requirement until a date set by writing. The model form provided by Regulation B Sales, Financing and Leasing, Mar. 26, 2015, the prospective final rules these agencies issue to assists creditors in providing the written disclosure.

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REGULATION B—RECORDKEEPING AND DISCLOSURES—COST

Managerial Skilled Technical Clerical Total cost Required Task Time Cost Time Cost Time Cost ($) (hours) ($56/hr.) (hours) ($47/hr.) (hours) ($17/hr.)

General recordkeeping ...... 0 $0 66,345 $2,786,490 597,108 $10,150,836 $12,937,326 Other recordkeeping ...... 0 0 43,333 1,819,986 0 0 1,819,986 Recordkeeping of self-test ...... 0 0 1,500 63,000 0 0 63,000 Recordkeeping of corrective action ...... 0 0 600 25,200 0 0 25,200

Total Recordkeeping ...... 14,845,512

Disclosures: Credit history reporting ...... 28,380 1,589,280 255,420 10,727,640 0 0 12,316,920 Adverse action notices ...... 78,509 4,396,504 706,577 29,676,234 0 0 34,072,738 Appraisal reports ...... 1,903 106,568 17,123 719,166 0 0 825,734 Self-test disclosure ...... 100 5,600 900 37,800 0 0 43,400

Total Disclosures ...... 47,258,792

Total Recordkeeping and Disclosures ...... 62,104,304

2. Regulation E provide gift cards, service providers, jurisdiction engaged in applicable various federal and state agencies activities. The EFTA requires that covered offering EFTs, prepaid account entities, entities provide consumers with etc. Staff estimates that Regulation E’s Burden Totals accurate disclosure of the costs, terms, recordkeeping requirements affect and rights relating to EFT and certain Recordkeeping: 251,053 hours 251,053 firms offering EFT and certain (233,947 + 17,106 carve-out); $4,895,526 other services. Regulation E implements other services to consumers and that are ($4,561,949 + $333,577 carve-out), the EFTA, establishing disclosure and subject to the Commission’s associated labor costs. other requirements to aid consumers jurisdiction, at an average annual and recordkeeping requirements to burden of one hour per firm, for a total Disclosures: 7,184,903 hours assist agencies with enforcement. It of 251,053 hours. This represents a (7,165,929 + 18,974 carve-out); applies to financial institutions, decrease from prior figures, reflecting a $311,824,800 ($310,999,734 + $825,066 retailers, gift card issuers and others that decrease in entities under FTC carve-out), associated labor costs. REGULATION E—DISCLOSURES—BURDEN HOURS

Setup/Monitoring Transaction-related Total 1 Total setup/ Average Total Disclosures Average monitoring Number of burden per transaction burden Respondents burden per burden Transactions transaction burden (hours) respondent (hours) (minutes) (hours)

Initial terms ...... 27,300 .5 13,650 273,000 .02 91 13,741 Change in terms ...... 8,550 .5 4,275 11,286,000 .02 3,762 8,037 Periodic statements ...... 27,300 .5 13,650 327,600,000 .02 109,200 122,850 Error resolution...... 27,300 .5 13,650 273,000 5 22,750 36,400 Transaction receipts ...... 27,300 .5 13,650 1,375,000,000 .02 458,333 471,983 Preauthorized transfers 2 ...... 258,553 .5 129,277 6,463,825 .25 26,933 156,210 Service provider notices ...... 20,000 .25 5,000 200,000 .25 833 5,833 ATM notices ...... 125 .25 31 25,000,000 .25 104,167 104,198 Electronic check conversion 3 ...... 48,553 .5 24,277 728,295 .02 243 24,520 Overdraft services ...... 15,000 .5 7,500 1,500,000 .02 500 8,000 Gift cards ...... 15,000 .5 7,500 750,000,000 .02 250,000 257,500 Remittance transfers: Disclosures ...... 4,800 1.25 6,000 96,000,000 .9 1,440,000 1,446,000 Error resolution ...... 4,800 1.25 6,000 120,960,000 .9 1,814,400 1,820,400 Agent compliance ...... 4,800 1.25 6,000 96,000,000 .9 1,440,000 1,446,000 Prepaid accounts and gov’t benefits: 4 Disclosures ...... 550 40x10 5 220,000 2,750,000,000 .02 916,667 1,136,667 Disclosures—updates ...... 138 1x10 1,380 6 N/A ...... 1,380 Access to account information ...... 550 20x10 7 110,000 1,100,000 .01 183 110,183 Error resolution ...... 300 4x4 4,800 275,000 2 9,167 13,967 Error resolution—followup 8 ...... N/A ...... 1,380 30 690 690 Submission of agreements ...... 138 2x1 276 690 1 11 287 Updates to agreements 9 ...... N/A ...... 690 5 57 57

Total ...... 7,184,903 1 Except as noted below, most respondent tallies in this table have decreased due to business shifts and other market changes that result in fewer entities under FTC jurisdiction. Accordingly, related transactions under FTC jurisdiction have also decreased. 2 Preauthorized transfers rules apply to ‘‘persons’’ and entities. The number of respondents and transactions by such persons have increased, as these preauthorized transfers are used more commonly than previously. 3 The total number of electronic check conversion respondents and transactions has decreased, particularly due to declining check usage. 4 Prepaid accounts are now covered by Regulation E (and payroll cards are included in this area). Government benefit notices are included also in this area, al- though some separate requirements for government benefits remain; these factors are accounted for in the estimates. The number of government benefit entities also have declined given business shifts that have reduced the number of entities under FTC jurisdiction (and prepaid entities under FTC jurisdiction are also few in num- ber). 5 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs.

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6 This reflects prepaid accounts’ updates of additional fee type disclosures. Individual burden hours are listed first, followed by the number of programs. 7 Burden hours are on a per program basis; individual burden hours are listed first, followed by the number of programs. 8 This pertains to prepaid accounts. 9 This pertains to prepaid accounts’ agreements.

REGULATION E—RECORDKEEPING AND DISCLOSURES—COST

Managerial Skilled Technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($56/hr.) (hours) ($42/hr.) (hours) ($17/hr.)

Recordkeeping ...... 0 $0 25,105 $1,054,410 225,948 $3,841,116 $4,895,526 Disclosures: Initial terms ...... 1,374 76,944 12,367 519,414 0 0 596,358 Change in terms ...... 804 45,024 7,233 303,786 0 0 348,810 Periodic statements ...... 12,285 687,960 110,565 4,643,730 0 0 5,331,690 Error resolution ...... 3,640 203,840 32,760 1,375,920 0 0 1,579,760 Transaction receipts ...... 47,198 2,643,088 424,785 17,840,970 0 0 20,484,058 Preauthorized transfers ...... 15,621 874,776 140,589 5,904,738 0 0 6,779,514 Service provider notices ...... 583 32,648 5,250 220,500 0 0 253,148 ATM notices ...... 10,420 583,520 93,778 3,938,676 0 0 4,522,196 Electronic check conversion ...... 2,452 137,312 22,068 926,856 0 0 1,064,168 Overdraft services ...... 800 44,800 7,200 302,400 0 0 347,200 Gift cards ...... 25,750 1,442,000 231,750 9,733,500 0 0 11,175,500 Remittance transfers: Disclosures ...... 144,600 8,097,600 1,301,400 54,658,800 0 0 62,756,400 Error resolution ...... 182,040 10,194,240 1,638,360 68,811,120 0 0 79,005,360 Agent compliance ...... 144,600 8,097,600 1,301,400 54,658,800 0 0 62,756,400 Prepaid accounts and gov’t. benefits: Disclosures ...... 113,667 6,365,352 1,023,000 42,966,000 0 0 49,331,352 Disclosures—updates ...... 138 7,728 1,242 52,164 0 0 59,892 Access to account information ...... 11,018 617,008 99,165 4,164,930 0 0 4,781,938 Error resolution ...... 1,397 78,232 12,570 527,940 0 0 606,172 Error resolution—followup ...... 69 3,864 621 26,082 0 0 29,946 Submission of agreements ...... 29 1,624 258 10,836 0 0 12,460 Updates to agreements ...... 6 336 51 2,142 0 0 2,478

Total Disclosures ...... 311,824,800

Total Recordkeeping and Disclosures ...... 316,720,326

3. Regulation M independent leasing companies, and of one hour per firm, for a total of manufacturers’ captive finance 30,203 hours. The CLA requires that covered companies), computer lessors (such as Burden Totals 19 entities provide consumers with computer dealers and other retailers), accurate disclosure of the costs and furniture lessors, various electronic Recordkeeping: 30,203 hours (3,513 + terms of leases. Regulation M commerce lessors, diverse types of lease 26,690 carve-out); $1,649,088 ($191,814 implements the CLA, establishing advertisers, and others. + $1,457,274 carve-out), associated labor disclosure requirements to help Staff estimates that Regulation M’s costs. consumers comparison shop and recordkeeping requirements affect Disclosures: 71,750 hours (2,094 + understand the terms of leases and approximately 30,203 firms within the 69,656 carve-out); $3,917,550 ($114,394 recordkeeping requirements. It applies FTC’s jurisdiction leasing products to + $3,803,156 carve-out), associated labor to vehicle lessors (such as auto dealers, consumers at an average annual burden costs. REGULATION M—DISCLOSURES—BURDEN HOURS

Setup/Monitoring Transaction-related Average Total setup/ Average Total Total Disclosures burden per monitoring Number of burden per transaction burden Respondents respondent burden transactions transaction burden (hours) (hours) (hours) (minutes) (hours)

Motor Vehicle Leases 1 ...... 26,690 1 26,690 4,000,000 .50 33,333 60,023 Other Leases 2 ...... 3,513 .50 1,757 60,000 .25 250 2,007 Advertising 3 ...... 14,615 .50 7,308 578,960 .25 2,412 9,720

Total ...... 71,750 1 This category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computation of payment obli- gations) than other lease transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). While the num- ber of respondents for vehicle leases has decreased with market changes, the number of vehicle lease transactions has remained about the same, compared to past FTC estimates. Leases up to $55,800 plus an annual adjustment are now covered. The resulting total burden has decreased.

19 Recordkeeping and disclosure burden estimates industry information, the estimates for and given the different types of motor vehicle for Regulation M are more substantial for motor recordkeeping and disclosure costs assume the dealers, the FTC is including in its estimates burden vehicle leases than for other leases, including following: 90% managerial, and 10% skilled for all of them. burden estimates based on market changes and technical. As noted above, for purposes of PRA regulatory definitions of coverage. Based on burden calculations for Regulations B, E, M, and Z,

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2 This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small appliances, furniture, and other transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 1013.2(e)(1). The number of respondents has decreased, based on market changes in companies and types of transactions they offer; the number of such transactions has also declined, based on types of transactions offered that are covered by the CLA. Leases up to $55,800 plus an annual adjustment are now covered. The resulting total burden has decreased. 3 Respondents for advertising have decreased as have lease advertisements, based on market changes, from past FTC estimates. The resulting total burden has decreased.

REGULATION M—RECORDKEEPING AND DISCLOSURES—COST

Managerial Skilled Technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($56/hr.) (hours) ($42/hr.) (hours) ($17/hr.)

Recordkeeping ...... 27,183 $1,522,248 3,020 $126,840 0 0 $1,649,088 Disclosures:. Motor Vehicle Leases ...... 54,021 3,025,176 6,002 252,084 0 0 3,277,260 Other Leases ...... 1,806 101,136 201 8,442 0 0 109,578 Advertising ...... 8,748 489,888 972 40,824 0 0 530,712

Total Disclosures ...... 3,917,550

Total Recordkeeping and Disclosures ...... 5,566,638

4. Regulation Z finance companies; auto dealerships; entity with .25 additional hours per private education loan companies; entity for 3,650 entities (ability to pay), The TILA was enacted to foster merchants who extend credit for goods and 5 additional hours per entity for comparison credit shopping and or services; credit advertisers; acquirers 4,500 entities (loan originators). informed credit decision making by of mortgages; and others. Additional requiring creditors and others to provide requirements also exist in the mortgage Burden Totals accurate disclosures regarding the costs area, including for high cost mortgages, Recordkeeping: 561,866 hours and terms of credit to consumers. higher-priced mortgage loans,20 ability (484,961 + 76,905 carve-out); Regulation Z implements the TILA, to pay of mortgage consumers, mortgage $10,956,397 ($9,456,749 + $1,499,648 establishing disclosure requirements to servicing, loan originators, and certain carve-out), associated labor costs. assist consumers and recordkeeping integrated mortgage disclosures. requirements to assist agencies with FTC staff estimates that Regulation Z’s Disclosures: 7,854,575 hours enforcement. These requirements recordkeeping requirements affect ($6,838,256 + 1,016,319 carve-out; pertain to open-end and closed-end approximately 430,762 entities subject $318,601,732 ($274,493,500 + credit and apply to various types of to the Commission’s jurisdiction, at an $44,108,232 carve-out), associated labor entities, including mortgage companies; average annual burden of 1.25 hours per costs.

REGULATION Z—DISCLOSURES—BURDEN HOURS

Setup/Monitoring Transaction-related Total 1 Average Total setup/ Average Total Disclosures burden per monitoring Number of burden per transaction burden Respondents respondent burden transactions transaction burden (hours) (hours) (hours) (minutes) (hours)

Open-end credit:. Initial terms ...... 23,650 .75 17,738 10,500,600 .375 65,629 83,367 Initial terms—prepaid accounts ...... 3 2 4x1 12 3 3x78,667 .125 492 504 Rescission notices ...... 750 .5 375 3,750 .25 16 391 Subsequent disclosures 4,650 .75 3,488 23,250,000 .188 72,850 76,338 Subsequent disclo- sures—prepaid ac- counts ...... 3 4 4x1 12 5 3x78,667 .0625 246 258 Periodic statements ..... 23,650 .75 17,738 788,325,450 .0938 1,232,415 1,250,153 Periodic statements— prepaid accounts ...... 3 6 40x1 120 7 3x944,000 .03125 1,475 1,595 Error resolution ...... 23,650 .75 17,738 2,104,850 6 210,485 228,223 Error resolution—pre- paid accounts fol- lowup ...... 3 8 4x1 12 9 3x1,180 15 885 897 Credit and charge card accounts ...... 10,250 .75 7,688 5,125,000 .375 32,031 39,719

20 While Regulation Z also requires the creditor to the disclosure is provided by the CFPB. As a result, purposes (see 5 CFR 1320.3(c)(2)). It is thus provide a short written disclosure regarding the it is not a ‘‘collection of information’’ for PRA excluded from the burden estimates below. appraisal process for higher-priced mortgage loans,

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REGULATION Z—DISCLOSURES—BURDEN HOURS—Continued

Setup/Monitoring Transaction-related Total 1 Average Total setup/ Average Total Disclosures burden per monitoring Number of burden per transaction burden Respondents respondent burden transactions transaction burden (hours) (hours) (hours) (minutes) (hours)

Credit and charge card accounts—prepaid accounts ...... 3 10 4x1 12 11 3x12 240 144 156 Settlement of estate debts ...... 23,650 .75 17,738 496,650 .375 3,104 20,842 Special credit card re- quirements ...... 10,250 .75 7,688 5,125,000 .375 32,031 39,719 Home equity lines of credit ...... 750 .5 375 5,250 .25 22 397 Home equity lines of credit high-cost mort- gages ...... 250 2 500 1,500 2 50 550 College student credit card marketing—ed. institutions ...... 1,350 .5 675 81,000 .25 338 1,013 College student credit card marketing—card issuer reports ...... 150 .75 113 4,500 .75 56 169 Posting and reporting of credit card agree- ments ...... 10,250 .75 7,688 5,125,000 .375 32,031 39,719 Posting and reporting of prepaid account agreements ...... 3 12 .75x1 2 13 3x5 2.5 1 3 Advertising ...... 38,650 .75 28,988 115,950 .75 1,449 30,437 Advertising—prepaid accounts ...... 3 14 20x1 60 N/A ...... 60 Advertising—prepaid accounts Updates ..... 3 15 0.2x5 3 N/A ...... 3 Sale, transfer, or as- signment of mort- gages ...... 500 .5 250 500,000 .25 2,083 2,333 Appraiser misconduct reporting ...... 301,150 .75 225,863 6,023,000 .375 37,644 263,507 Mortgage servicing 16 ... 1,500 .75 1,125 150,000 .5 1,250 2,375 Loan originators ...... 2,250 2 4,500 22,500 5 1,875 6,375 Closed-end credit:. Credit disclosures ...... 280,762 .75 210,572 112,304,800 2.25 4,211,430 4,422,002 Rescission notices ...... 3,650 .5 1,825 5,475,000 1 91,250 93,075 Redisclosures ...... 101,150 .5 50,575 505,750 2.25 18,966 69,541 Integrated mortgage disclosures ...... 3,650 10 36,500 10,950,000 3.5 638,750 675,250 Variable rate mortgages 3,650 1 3,650 365,000 1.75 10,646 14,296 High cost mortgages .... 1,750 1 1,750 43,750 2 1,458 3,208 Higher priced mort- gages ...... 1,750 1 1,750 14,000 2 467 2,217 Reverse mortgages ...... 3,025 .5 1,513 15,125 1 252 1,765 Advertising ...... 205,762 .5 102,881 2,057,620 1 34,294 137,175 Private education loans 75 .5 38 30,000 1.5 750 788 Sale, transfer, or as- signment of mort- gages ...... 48,850 .5 24,425 2,442,500 .25 10,177 34,602 Ability to pay/qualified mortgage ...... 3,650 .75 2,738 0 0 0 2,738 Appraiser misconduct reporting ...... 301,150 .75 225,863 6,023,000 .375 37,644 263,507 Mortgage servicing 17 ... 3,650 1.5 5,475 730,000 2.75 33,458 38,933 Loan originators ...... 2,250 2 4,500 22,500 5 1,875 6,375

Total open-end credit ...... 2,089,103

Total closed-end credit ...... 5,765,472

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REGULATION Z—DISCLOSURES—BURDEN HOURS—Continued

Setup/Monitoring Transaction-related Total 1 Average Total setup/ Average Total Disclosures burden per monitoring Number of burden per transaction burden Respondents respondent burden transactions transaction burden (hours) (hours) (hours) (minutes) (hours)

Total credit ...... 7,854,575 1 Regulation Z requires disclosures for closed-end and open-end credit. TILA and Regulation Z now cover credit up to $55,800 plus an annual adjustment (except that real estate credit and private education loans are covered regardless of amount). In most instances noted below, busi- ness shifts and other market changes have reduced estimated PRA burden. In a few instances noted below, changes to Regulation Z have in- creased estimated PRA burden. This is particularly due to the inclusion of burden for prepaid accounts with certain credit aspects, as applicable, due to new rules. However, the overall effect of these competing factors, combined with the FTC sharing with the CFPB estimated PRA burden (for all but motor vehicle dealers and certain credit unions) yields a net decrease from the FTC’s prior reported estimate for open-end credit and for closed-end credit. 2 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 3 This figure lists the number of entities followed by the number of responses or programs each. 4 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 5 This figure lists the number of entities followed by the number of responses or programs each. 6 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 7 This figure lists the number of entities followed by the number of responses or programs each. 8 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 9 This figure lists the number of entities followed by the number of responses or programs each. 10 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 11 This figure lists the number of entities followed by the number of responses or programs each. 12 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 13 This figure lists the number of entities followed by the number of responses or programs each. 14 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 15 Burden hours are on a per program basis. Individual burden hours are listed first, followed by the number of programs. 16 Regulation Z has expanded various mortgage servicing requirements for successors-in-interest, which in some instances can affect open- end credit, increasing burden. However, the number of entities and transactions under FTC jurisdiction have decreased, reducing overall burden compared to prior FTC estimates. 17 Regulation Z has expanded various mortgage servicing requirements for successors-in-interest, and periodic statement requirements includ- ing for consumers in bankruptcy, among other things, affecting closed-end credit, increasing burden. However, the number of entities and trans- actions under FTC jurisdiction have decreased, reducing overall burden compared to prior FTC estimates.

REGULATION Z—RECORDKEEPING AND DISCLOSURES—COST

Managerial Skilled Technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($56/hr.) (hours) ($42/hr.) (hours) ($17/hr.)

Recordkeeping ...... 0 $0 56,187 $2,359,854 505,679 $8,596,543 $10,956,397 Open-end credit Disclosures:. Initial terms ...... 8,337 466,872 75,030 3,151,260 0 0 3,618,132 Initial terms—prepaid accounts ...... 50 2,800 454 19,068 0 0 21,868 Rescission notices ...... 39 2,184 352 14,784 0 0 16,968 Subsequent disclosures ...... 7,634 427,504 68,704 2,885,568 0 0 3,313,072 Subsequent disclosures—prepaid accounts ...... 26 1.456 232 9,744 0 0 11,200 Periodic statements ...... 125,015 7,000,840 1,125,138 47,255,796 0 0 54,256,636 Periodic statements—prepaid accounts ...... 159 8,904 1436 60,312 0 0 69.216 Error resolution ...... 22,822 1,278,032 205,401 8,626,842 0 0 9,904,874 Error resolution—prepaid accounts followup ...... 90 5,040 807 33.894 0 0 38,934 Credit and charge card accounts ...... 3,972 222,432 35,747 1,501,374 0 0 1,723,806 Credit and charge card accounts-prepaid accounts 16 896 140 5,880 0 0 6,776 Settlement of estate debts ...... 2,084 116,704 18,758 787,836 0 0 904,540 Special credit card requirements ...... 3,972 222,432 35,747 1,501,374 0 0 1,723,806 Home equity lines of credit ...... 40 2,240 357 14,994 0 0 17,234 Home equity lines of credit—high cost mortgages ... 55 3,080 495 20,790 0 0 23,870 College student credit card marketing—ed institu- tions ...... 101 5,656 912 38,304 0 0 43,960 College student credit card marketing—card issuer reports ...... 17 952 152 6,384 0 0 7,336 Posting and reporting of credit card agreements ..... 3,972 222,432 35,747 1,501,374 0 0 1,723,806 Posting and reporting of prepaid accounts ...... 1 56 2 84 0 0 140 Advertising ...... 3,044 170,464 27,393 1,150,506 0 0 1,320,970 Advertising—prepaid accounts ...... 6 336 54 2,268 0 0 2,604 Advertising—prepaid accounts Updates ...... 1 56 2 84 0 0 140 Sale, transfer, or assignment of mortgages ...... 233 13,048 2,100 88,200 0 0 101,248 Appraiser misconduct reporting ...... 26,351 1,475,656 237,156 9,960,552 0 0 11,436,208 Mortgage servicing ...... 238 13,328 2,137 89,754 0 0 103,082 Loan originators ...... 638 35,728 5,737 240,954 0 0 276,682 Total open-end credit ...... 90,667,108 Closed-end credit Disclosures:. Credit disclosures ...... 442,200 2,476,300 3,979,802 167,151,684 0 0 169,627,984 Rescission notices ...... 9,308 521,248 83,767 3,518,214 0 0 4,039,462 Redisclosures ...... 6,954 389,424 62,587 2,628,654 0 0 3,018,078 Integrated mortgage disclosures ...... 67,525 3,781,400 607,725 25,524,450 0 0 29,305,850 Variable rate mortgages ...... 1,430 80,080 12,866 540,372 0 0 620,452 High cost mortgages ...... 321 17,976 2,887 121,254 0 0 139,230 Higher priced mortgages ...... 222 12,432 1,995 83,790 0 0 96,222

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REGULATION Z—RECORDKEEPING AND DISCLOSURES—COST—Continued

Managerial Skilled Technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($56/hr.) (hours) ($42/hr.) (hours) ($17/hr.)

Reverse mortgages ...... 177 9,912 1,588 66,696 0 0 76,608 Advertising ...... 13,718 768,208 123,457 5,185,194 0 0 5,953,402 Private education loans ...... 79 4,424 709 29,778 0 0 34,202 Sale, transfer, or assignment of mortgages ...... 3,460 193,760 31,142 1,307,964 0 0 1,501,724 Ability to pay/qualified mortgage ...... 274 15,344 2,464 103,488 0 0 118,832 Appraiser misconduct reporting ...... 26,351 1,475,656 237,156 9,960,552 0 0 11,436,208 Mortgage servicing ...... 3,893 218,008 35,040 1,471,680 0 0 1,689,688 Loan originators ...... 638 35,728 5,737 240,954 0 0 276,682

Total closed-end credit ...... 227,934,624

Total Disclosures ...... 318,601,732

Total Recordkeeping and Disclosures ...... 329,558,129

Request for Comment: Pursuant to Secretary, Constitution Center, 400 7th record. See FTC Rule 4.9(c). Your Section 3506(c)(2)(A) of the PRA, the Street SW, 5th Floor, Suite 5610 (Annex comment will be kept confidential only FTC invites comments on: (1) Whether J), Washington, DC 20024. If possible, if the General Counsel grants your the disclosure requirements are submit your paper comment to the request in accordance with the law and necessary, including whether the Commission by courier or overnight the public interest. Once your comment information will be practically useful; service. has been posted on the public FTC (2) the accuracy of our burden estimates, Because your comment will be placed website—as legally required by FTC including whether the methodology and on the publicly accessible FTC website Rule 4.9(b)—we cannot redact or assumptions used are useful; (3) ways to at https://www.ftc.gov/, you are solely remove your comment from the FTC enhance the quality, utility, and clarity responsible for making sure that your website, unless you submit a of the information to be collected; and comment does not include any sensitive confidentiality request that meets the (4) ways to minimize the burden of or confidential information. In requirements for such treatment under providing the required information to particular, your comment should not FTC Rule 4.9(c), and the General consumers. include any sensitive personal Counsel grants that request. You can file a comment online or on information, such as your or anyone Visit the FTC website to read this paper. For the FTC to consider your else’s Social Security number; date of Notice. The FTC Act and other laws that comment, we must receive it on or birth; driver’s license number or other the Commission administers permit the before June 4, 2018. Write ‘‘Regs BEMZ, state identification number, or foreign collection of public comments to PRA Comments, P084812’’ on your country equivalent; passport number; consider and use in this proceeding as comment. Your comment—including financial account number; or credit or appropriate. The Commission will your name and your state—will be debit card number. You are also solely consider all timely and responsive placed on the public record of this responsible for making sure that your public comments that it receives on or before June 4, 2018. For information on proceeding, including, to the extent comment does not include any sensitive practicable, on the public FTC website, the Commission’s privacy policy, health information, such as medical at https://www.ftc.gov/policy/public- including routine uses permitted by the records or other individually comments. Privacy Act, see https://www.ftc.gov/ identifiable health information. In Postal mail addressed to the site-information/privacy-policy. Commission is subject to delay due to addition, your comment should not heightened security screening. As a include any ‘‘trade secret or any David C. Shonka, result, we encourage you to submit your commercial or financial information Acting General Counsel. comments online. To make sure that the which . . . is privileged or [FR Doc. 2018–06669 Filed 4–2–18; 8:45 am] Commission considers your online confidential’’—as provided by Section BILLING CODE 6750–01–P comment, you must file it at https:// 6(f) of the FTC Act, 15 U.S.C. 46(f), and ftcpublic.commentworks.com/ftc/ FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— RegsBEMZpra, by following the including in particular competitively DEPARTMENT OF HEALTH AND instructions on the web-based form. If sensitive information such as costs, HUMAN SERVICES this Notice appears at https:// sales statistics, inventories, formulas, www.regulations.gov/#!home, you also patterns, devices, manufacturing Administration for Children and may file a comment through that processes, or customer names. Families website. Comments containing material for If you file your comment on paper, which confidential treatment is Submission for OMB Review; write ‘‘Regs BEMZ, PRA Comments, requested must be filed in paper form, Comment Request P084812’’ on your comment and on the must be clearly labeled ‘‘Confidential,’’ Title: Study of Coaching Practices in envelope, and mail it to the following and must comply with FTC Rule 4.9(c). Early Care and Education Settings address: Federal Trade Commission, In particular, the written request for (SCOPE). Office of the Secretary, 600 confidential treatment that accompanies OMB No.: New Collection. Pennsylvania Avenue NW, Suite CC– the comment must include the factual Description: The Administration for 5610 (Annex J), or deliver your and legal basis for the request, and must Children and Families (ACF) at the U.S. comment to the following address: identify the specific portions of the Department of Health and Human Federal Trade Commission, Office of the comment to be withheld from the public Services (HHS) seeks approval to collect

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descriptive information for the Study of ECE teachers and caregivers to improve designing and conducting a descriptive Coaching Practices in Early Care and knowledge and practice in center-based study to examine the occurrence and Education Settings (SCOPE) project. The classrooms and family child care (FCC) variability of coaching features in ECE goal of this information collection is to homes serving preschool-age children. classrooms, and conducting case studies identify how professional development This study aims to advance to examine program or systems-level coaching practices for early care and understanding of how core features of drivers of coaching and the features education (ECE) providers are coaching are implemented in ECE being implemented. implemented and vary in ECE classrooms, how the features may vary classrooms serving children supported by key contextual factors and Respondents: State administrators by Child Care and Development Fund implementation drivers, and which are knowledgeable about coaching and (CCDF) subsidies or Head Start grants. ripe for more rigorous evaluation. The coaching funders or providers, ECE This study will focus primarily on study tasks will include gathering center directors, coaches, teachers, and coaching used for delivering information to inform selection of states FCC providers. professional development services to in which to conduct the study,

ANNUAL BURDEN ESTIMATES

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

State coaching informant interview protocol ...... 45 23 1 1 23 ECE setting eligibility screener ...... 173 87 1 0.25 22 Center director survey ...... 60 30 1 0.5 15 Coach survey ...... 90 45 1 0.5 23 Teacher/FCC provider survey ...... 172 86 1 0.58 50 Center director semi-structured interview protocol ...... 12 6 1 1.5 9 Coach semi-structured interview protocol ...... 12 6 1 1 6 Teacher/FCC provider semi-structured interview protocol .. 12 6 1 1 6 Coach supervisor semi-structured interview protocol ...... 12 6 1 0.5 3

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND Center, 6001 Executive Blvd., Suite 3208, Hours: 157 HUMAN SERVICES MSC 9529, Bethesda, MD 20892–9529, (301) 435–6033, [email protected]. Additional Information: Copies of the National Institutes of Health (Catalogue of Federal Domestic Assistance proposed collection may be obtained by Program Nos. 93.853, Clinical Research writing to the Administration for National Institute of Neurological Related to Neurological Disorders; 93.854, Children and Families, Office of Disorders and Stroke; Notice of Closed Biological Basis Research in the Planning, Research and Evaluation, 330 Meeting Neurosciences, National Institutes of Health, C Street, SW, Washington, DC 20201, HHS) Pursuant to section 10(d) of the Attn: OPRE Reports Clearance Officer. Dated: March 27, 2018. Federal Advisory Committee Act, as All requests should be identified by the amended, notice is hereby given of the Sylvia L. Neal, title of the information collection. Email following meeting. Program Analyst, Office of Federal Advisory address: OPREinfocollection@ The meeting will be closed to the Committee Policy. acf.hhs.gov. public in accordance with the [FR Doc. 2018–06707 Filed 4–2–18; 8:45 am] OMB Comment: OMB is required to provisions set forth in sections BILLING CODE 4140–01–P make a decision concerning the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., collection of information between 30 as amended. The grant applications and and 60 days after publication of this the discussions could disclose DEPARTMENT OF HOMELAND document in the Federal Register. confidential trade secrets or commercial SECURITY Therefore, a comment is best assured of property such as patentable material, Coast Guard having its full effect if OMB receives it and personal information concerning within 30 days of publication. Written individuals associated with the grant [Docket No. USCG–2018–0141] comments and recommendations for the applications, the disclosure of which proposed information collection should would constitute a clearly unwarranted National Maritime Security Advisory be sent directly to the following: Office invasion of personal privacy. Committee; Vacancies Name of Committee: National Institute of of Management and Budget, Paperwork AGENCY: U.S. Coast Guard, Department Reduction Project, Email: OIRA_ Neurological Disorders and Stroke Special Emphasis Panel; Network Clinical Trials. of Homeland Security. [email protected], Attn: Date: April 13, 2018. ACTION: Request for applications. Desk Officer for the Administration for Time: 8:00 a.m. to 5:00 p.m. Children and Families. Agenda: To review and evaluate grant SUMMARY: The U.S. Coast Guard seeks applications. applications for membership on the Mary Jones, Place: National Institutes of Health, National Maritime Security Advisory ACF/OPRE Certifying Officer. Neuroscience Center, 6001 Executive Committee. The National Maritime [FR Doc. 2018–06684 Filed 4–2–18; 8:45 am] Boulevard, Rockville, MD 20852 (Telephone Conference Call). Security Advisory Committee provides BILLING CODE 4184–22–P Contact Person: Shanta Rajaram, Ph.D., advice and makes recommendations on Scientific Review Officer, Scientific Review national maritime security matters to Branch, NINDS/NIH/DHHS, Neuroscience the Secretary of Homeland Security via

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the Commandant of the United States Applicants with experience in the widely diverse candidate pool for all of Coast Guard. following sectors of the marine its recruitment actions. DATES: Completed applications should transportation industry with at least five If you are interested in applying to reach the U.S. Coast Guard on or before years of practical experience in their become a member of the committee, May 3, 2018. field are encouraged to apply: send your complete application package • At least four individuals who to Mr. Ryan Owens, Alternate ADDRESSES: Applicants should send a represents the interests of the port Designated Federal Officer of the cover letter expressing interest in an authorities. Two become vacant on June National Maritime Security Advisory appointment to the National Maritime 1, 2018 and two become vacant on Committee via one of the transmittal Security Advisory Committee that also December 31, 2018; methods in the ADDRESSES section by identifies which membership category • at least three individuals who the deadline in the DATES section of this the applicant is applying under, along represents the interests of the vessel notice. All email submittals will receive with a resume detailing the applicant’s owners or operators. One becomes email receipt confirmation. experience via one of the following vacant on June 1, 2018 and two become methods: Dated: March 28, 2018. • vacant on December 31, 2018; Jason D. Neubauer, By Email: [email protected]; • at least two individuals who • By Fax: 202–372–8353, ATTN: Mr. Captain, U.S. Coast Guard, Acting Director represents the interests of the facilities of Inspections and Compliance. Ryan Owens, Alternate Designated owners/operators. Both become vacant Federal Officer; or [FR Doc. 2018–06745 Filed 4–2–18; 8:45 am] • on December 31, 2018; By Mail: Mr. Ryan Owens, National • at least two individuals who BILLING CODE 9110–04–P Maritime Security Advisory Committee, represents the interests of the terminal Alternate Designated Federal Officer, owners/operators. Both become vacant CG–FAC, U.S. Coast Guard on December 31, 2018; DEPARTMENT OF THE INTERIOR Headquarters, 2703 Martin Luther King • at least two individuals who Fish and Wildlife Service Jr. Avenue SE, Washington, DC 20593, represents the interests of the maritime Stop 7501, Washington, DC 20593– labor organizations. One becomes [Docket No. FWS–HQ–IA–2017–0098; 7501. vacant on June 1, 2018 and one becomes Docket No. FWS–HQ–IA–2017–0064; FXIA16710900000–178–FF09A30000] FOR FURTHER INFORMATION CONTACT: Mr. vacant on December 31, 2018; • Ryan Owens, Commandant (CG–FAC– at least two individuals who represents the interests of the maritime Endangered Species; Receipt of Permit 1), the National Maritime Security Applications Advisory Committee Alternate industry. One becomes vacant on June Designated Federal Officer, U.S. Coast 1, 2018 and one becomes vacant on AGENCY: Fish and Wildlife Service, December 31, 2018; Interior. Guard Headquarters, 2703 Martin • Luther King Jr. Avenue SE, Washington, at least one individual who ACTION: Notice of receipt of permit DC 20593, Stop 7501, Washington, DC represents the academic community. applications. 20593–7501, [email protected], One becomes vacant on December 31, Phone: 202–372–1108, Fax: 202–372– 2018. SUMMARY: We, the U.S. Fish and 8353. Due to the nature of National Wildlife Service, invite the public to Maritime Security Advisory Committee comment on applications to conduct SUPPLEMENTARY INFORMATION: The business, National Maritime Security certain activities with foreign National Maritime Security Advisory Advisory Committee members are endangered species. With some Committee is a Federal Advisory required to apply for, obtain, and exceptions, the Endangered Species Act Committee, which operates under the maintain a government national security (ESA) prohibits activities with listed provisions of the Federal Advisory clearance at the Secret level. The U.S. species unless Federal authorization is Committee Act, 5 U.S.C. Appendix. The Coast Guard will sponsor and assist acquired that allows such activities. The National Maritime Security Advisory candidates with this process. ESA also requires that we invite public Committee advises, consults with, and Registered lobbyists are not eligible to comment before issuing these permits. makes recommendations to the serve on Federal Advisory Committees DATES: We must receive comments by Secretary via the Commandant of the in an individual capacity. See ‘‘Revised May 3, 2018. Coast Guard on matters relating to Guidance on Appointment of Lobbyist ADDRESSES: national maritime security. to Federal Advisory Committees, Boards Document availability: The The full Committee normally meets at and Commissions’’ (79 FR 47482, applications, as well as any comments least two times per fiscal year. Working August 13, 2014). Registered lobbyists and other materials that we receive, will group meetings and teleconferences are are lobbyists as defined in Title 2 U.S.C. be available for public inspection online held more frequently, as needed. The 1602 who are required by Title 2 U.S.C. in Docket No. FWS–HQ–IA–2017–0098 Committee may also meet for 1603 to register with the Secretary of the or Docket No. FWS–HQ–IA–2017–0064 extraordinary purposes. Senate and the Clerk of the House of (as appropriate) at http:// Each National Maritime Security Representatives. www.regulations.gov. Advisory Committee member serves a The Department of Homeland Submitting Comments: You may term of office up to 3 years. Members Security does not discriminate in submit comments by one of the may serve a maximum of two selection of committee members on the following methods: consecutive terms. All members serve basis of race, color, religion, sex, • Federal eRulemaking Portal: http:// without compensation from the Federal national origin, political affiliation, www.regulations.gov. Follow the Government; however, they may receive sexual orientation, gender identity, instructions for submitting comments travel reimbursement and per diem. marital status, disability and genetic on Docket No. FWS–HQ–IA–2017–####. We will consider applications for 16 information, age, membership in an (Search under appropriate docket representative positions listed below employee organization, or any other number, which can be found under that will become vacant on June 1, 2018 non-merit factor. The Department of SUPPLEMENTARY INFORMATION, III., Permit and December 31, 2018. Homeland Security strives to achieve a Applications.)

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• U.S. mail or hand-delivery: Public personal identifying information in your tailed lemur (Lemur catta), red-ruffed Comments Processing, Attn: Docket No. comment, you should be aware that lemur (Varecia rubra), Diana monkey FWS–HQ–IA–2017–####; U.S. Fish and your entire comment—including your (Cercopithecus diana diana), mandrill Wildlife Service Headquarters, MS: personal identifying information—may (Mandrillus sphinx), lar gibbon BPHC; 5275 Leesburg Pike, Falls be made publicly available at any time. (Hylobates lar), siamang (Hylobates Church, VA 22041–3803. (Note: Insert While you can ask us in your comment syndactylus), clouded leopard (Neofelis appropriate docket number, which can to withhold your personal identifying nebulosa), snow leopard (Uncia uncia), be found under SUPPLEMENTARY information from public review, we spotted leopard (Panthera pardus), INFORMATION, III., Permit Applications.) cannot guarantee that we will be able to cheetah (Acinonyx jubatus), Asian tapir When submitting comments, please do so. (Tapirus indicus), black rhinoceros indicate the name of the applicant and (Diceros bicornis), Indian rhinoceros C. Who will see my comments? the PRT# at the beginning of your (Rhinoceros unicornis), southern white comment. We will post all comments on If you submit a comment via http:// rhinoceros (Ceratotherium simum http://www.regulations.gov. This www.regulations.gov, your entire simum), Grevy’s zebra (Equus grevyi), generally means that we will post any comment, including any personal Arabian oryx (Oryx leucoryx), and red personal information you provide us identifying information, will be posted lechwe (Kobus lechwe). This (see SUPPLEMENTARY INFORMATION for on the website. If you submit a notification covers activities to be more information). hardcopy comment that includes conducted by the applicant over a 5- FOR FURTHER INFORMATION CONTACT: personal identifying information, such year period. as your address, phone number, or Joyce Russell, 703–358–2280. Applicant: Denver Zoological SUPPLEMENTARY INFORMATION: email address, you may request at the top of your document that we withhold Foundation, d/b/a Denver Zoo, I. Public Comment Procedures this information from public review. Denver, CO; PRT–32977C (Docket No. FWS–HQ–IA–2017–0064) A. How do I comment on submitted However, we cannot guarantee that we applications? will be able to do so. In the Federal Register of October 23, II. Background 2017 (82 FR 49041), we published a You may submit your comments and notice inviting the public to comment materials by one of the methods listed To help us carry out our conservation on an application that we received from under Submitting Comments in the responsibilities for affected species, and Denver Zoological Foundation, Denver, ADDRESSES section. We will not in consideration of section 10(a)(1)(A) of CO. We are reopening the comment consider comments sent by email or fax, the Endangered Species Act of 1973, as period on that application. The ADDRESSES or to an address not in the amended (16 U.S.C. 1531 et seq.; ESA), applicant requests a permit to import section. we invite public comment on these two male captive-bred Asian elephants Please make your requests or permit applications before final action is (Elephas maximus) from African Lion comments as specific as possible, taken. Safari, Ontario, Canada, to enhance the confine your comments to issues for propagation or survival of the species. which we seek comments in this notice, III. Permit Applications This notification is for a single import. and explain the basis for your We invite the public to comment on comments. Include sufficient applications to conduct certain If you wish to make comments, go to information with your comments to activities with endangered species. With the Federal eRulemaking Portal (http:// allow us to authenticate any scientific or some exceptions, the ESA prohibits www.regulations.gov) and follow the commercial data you include. activities with listed species unless instructions for submitting comments The comments and recommendations Federal authorization is acquired that on Docket No. FWS–HQ–IA–2017–0064. that will be most useful and likely to allows such activities. Note: We are not reopening the comment periods of any of the other influence agency decisions are: (1) Applicant: B Bryan Preserve LLC, Point applications announced in the Federal Those supported by quantitative Arena, CA; PRT–MA117577 (Docket Register notice of October 23, 2017. information or studies; and (2) Those No. FWS–HQ–IA–2017–0098) that include citations to, and analyses The applicant requests a captive-bred IV. Next Steps of, the applicable laws and regulations. wildlife registration under 50 CFR We will not consider or include in our If the Service decides to issue permits 17.21(g) for the following species to administrative record comments we to any of the applicants listed in this enhance species propagation or receive after the close of the comment notice, we will publish a notice in the survival: Grevy’s zebra (Equus grevyi), period (see DATES) or comments Federal Register. You may locate the Hartmann’s mountain zebra (Equus delivered to an address other than those Federal Register notice announcing the zebra hartmannae), and eastern black listed above in ADDRESSES). permit issuance date by searching in rhinoceros (Diceros bicornis michaeli). www.regulations.gov under the permit B. May I review comments submitted by This notification covers activities to be number listed in this document (e.g., others? conducted by the applicant over a 5- PRT–12345X). Comments, including names and year period. street addresses of respondents, will be Applicant: Tanganyika Wildlife VI. Authority available for public review at the street Foundation, Goddard, KS; PRT– MA724896 (Docket No. FWS–HQ–IA– Endangered Species Act of 1973 (16 address listed under ADDRESSES. The U.S.C. 1531 et seq.). public may review documents and other 2017–0098) information applicants have sent in The applicant requests a renewal/ Joyce Russell, support of the application unless our amendment to a captive-bred wildlife Government Information Specialist, Branch allowing viewing would violate the registration under 50 CFR 17.21(g) for of Permits, Division of Management Privacy Act or Freedom of Information the following species to enhance species Authority. Act. Before including your address, propagation or survival: African [FR Doc. 2018–06680 Filed 4–2–18; 8:45 am] phone number, email address, or other penguin (Spheniscus demersus), ring- BILLING CODE 4333–15–P

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DEPARTMENT OF THE INTERIOR normal business hours at the above maximum extent practicable, minimize address. and mitigate the impact of such taking; Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Tim (3) the applicant will ensure that [FWS–R1–ES–2017–N104; Romanski, Conservation Planning and adequate funding for the plan will be FXES11140100000–189–FF01E00000] Hydropower Branch Manager, provided; (4) the taking will not Washington Fish and Wildlife Office appreciably reduce the likelihood of the Draft Habitat Conservation Plan for the (see ADDRESSES); telephone: 360–753– survival and recovery of the species in Olympia Subspecies of the Mazama 5823. If you use a telecommunications the wild; and (5) the applicant will carry Pocket Gopher and Oregon Spotted device for the deaf, please call the out any other measures that the Service Frog and Draft Environmental Federal Relay Service at 800–877–8339. may require as being necessary or Assessment, Thurston County, appropriate for the purposes of the HCP. SUPPLEMENTARY INFORMATION: The Washington Regulations governing permits for Service received an application from endangered and threatened species are AGENCY: Fish and Wildlife Service, UCP, LLC for an ITP pursuant to section found in 50 CFR 17.22 and 17.32, Interior. 10(a)(1)(B) of the ESA. The application respectively. ACTION: Notice of availability; request requests a 15-year permit that would In this case, the applicant is for comments. authorize ‘‘take’’ of two covered requesting a 15-year permit that would species—the threatened Olympia authorize take of the Olympia pocket SUMMARY: We, the U.S. Fish and subspecies of the Mazama pocket gopher and the Oregon spotted frog Wildlife Service (Service), received an gopher (Thomomys mazama pugetensis; incidental to otherwise lawful activities application from UCP, LLC (applicant) hereafter referred to as the Olympia on parcels they own in Thurston for an incidental take permit (ITP) pocket gopher); and the threatened County, Washington. The application pursuant to the Endangered Species Act Oregon spotted frog (Rana pretiosa)— includes a draft HCP that describes the of 1973, as amended (ESA). The incidental to otherwise lawful land actions the applicant will take to application includes a draft habitat development and habitat conservation minimize and mitigate the impacts of conservation plan (HCP), which activities on parcels the applicant owns the taking on the two covered species. describes the actions the applicant will in Thurston County, Washington. The take to minimize and mitigate the application includes a draft HCP, which Proposed Action impacts of the taking of the threatened describes the actions the applicant will The Service proposes to issue the Olympia subspecies of the Mazama take to minimize and mitigate the requested 15-year permit based on the pocket gopher and the threatened impacts of the taking on the two covered applicant’s commitment to implement Oregon spotted frog that may occur species. The Service also announces the the draft HCP, if permit issuance criteria incidental to the otherwise lawful availability of a draft EA addressing the are met. Covered activities include construction of 327 single and multi- draft HCP and proposed permit. We measures related to construction, land family residences at a development site invite comments from all interested development, and the conservation of known as The Preserve located in parties regarding the permit application, the two covered species. The area Thurston County, Washington. We also including the draft HCP and EA. covered under the draft HCP consists of a project development site known as announce the availability of a draft Background environmental assessment (EA) The Preserve, totaling approximately addressing the draft HCP and proposed Section 9 of the ESA prohibits ‘‘take’’ 127 acres and an approximately 64-acre permit. We invite the public to review of fish and wildlife species listed as conservation site. Take of the Olympia and comment on the permit application, endangered or threatened. Under the pocket gopher would occur primarily on including the draft HCP and the draft ESA, the term ‘‘take’’ means to harass, fragmented habitat remaining on a EA. harm, pursue, hunt, shoot, wound, kill, previously disturbed project trap, capture, or collect, or to attempt to development site, and will be offset by DATES: To ensure consideration, please engage in any such conduct (16 U.S.C. permanent management of a single submit written comments by May 3, 1532(19)). The term ‘‘harm,’’ as defined block of occupied habitat for the 2018. in our regulations, includes significant covered species at the conservation site. ADDRESSES: You may view or download habitat modification or degradation that The Oregon spotted frog is not known copies of the draft HCP and draft EA results in death or injury to listed from the project development site, but is and obtain additional information on species by significantly impairing known to occur on the conservation site. the internet at http://www.fws.gov/ essential behavioral patterns, including Any take of the Oregon spotted frog wafwo/. To request further information breeding, feeding, or sheltering (50 CFR would be incidental to conservation site or submit written comments, please use 17.3). The term ‘‘harass’’ is defined in management activities and is offset by one of the following methods, and note our regulations as to carry out actions permanently conserving and managing that your information request or that create the likelihood of injury to on-site habitat for the benefit of the comments are in reference to ‘‘The listed species to such an extent as to species. Financial assurances have been Preserve HCP/EA’’: significantly disrupt normal behavioral provided by the applicant to ensure • Email: [email protected]. patterns, which include, but are not ongoing perpetual management of the • U.S. Mail: Public Comments limited to, breeding, feeding, or conservation site. Processing, Attn: FWS–R1–ES–2017– sheltering (50 CFR 17.3). N104; U.S. Fish and Wildlife Service; Section 10(a)(1)(B) of the ESA National Environmental Policy Act Washington Fish and Wildlife Office, contains provisions that authorize the Compliance 510 Desmond Drive SE, Suite 102, Service to issue permits to non-Federal The proposed issuance of a permit is Lacey, WA 98503. entities for the take of endangered and a Federal action that triggers the need • In-Person Drop-off, Viewing, or threatened species caused by otherwise for compliance with the National Pickup: Call 360–753–5823 to make an lawful activities, provided the following Environmental Policy Act of 1969, as appointment (necessary for viewing or criteria are met: (1) The taking will be amended (42 U.S.C. 4321 et seq.; picking up documents only) during incidental; (2) the applicant will, to the NEPA). Pursuant to the requirements of

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NEPA, we have prepared a draft EA to use in preparing the EA, will be ACTION: Notice of issuance of permits. analyze the environmental impacts of a available for public inspection by reasonable range of alternatives to the appointment, during normal business SUMMARY: We, the U.S. Fish and proposed Federal permit action. hours, at our Washington Fish and Wildlife Service, have issued permits to Alternatives analyzed in the EA Wildlife Office (see ADDRESSES). conduct activities with endangered and include a no-action alternative, the Next Steps threatened species under the authority proposed alternative, and an on-site of the Endangered Species Act, as mitigation alternative. Under the no- After public review and completion of amended (ESA). With some exceptions, action alternative, take of listed species the EA, we will determine whether the the ESA prohibits activities involving would be avoided by limiting proposed action warrants a finding of no construction and development on the significant impact or whether an listed species unless a Federal permit is project development site to areas where environmental impact statement should issued that allows such activity. impacts to listed species could be be prepared. We will evaluate the ADDRESSES: Information about the avoided. Because no impacts to listed permit application, associated applications for the permits listed in species are expected under this documents, and any comments this notice is available online at alternative, no HCP would be needed received, to determine whether the www.regulations.gov. See permit application meets the and no permit would be issued. The SUPPLEMENTARY INFORMATION for details. proposed alternative is implementation requirements of section 10(a)(1)(B) of of the proposed HCP and issuance of the the ESA. We will also evaluate whether FOR FURTHER INFORMATION CONTACT: requested 15-year permit, as described issuance of the requested section Joyce Russell, 703–358–2023. above. The on-site mitigation alternative 10(a)(1)(B) permit would comply with SUPPLEMENTARY INFORMATION: We, the would provide for incidental take of the section 7 of the ESA by conducting an U.S. Fish and Wildlife Service, have Olympia pocket gopher associated with intra-Service section 7 consultation a level of development that could be under section 7(a)(2) of the ESA on issued permits to conduct certain fully offset by managing currently anticipated ITP actions. The final NEPA activities with endangered and occupied habitat on the project site. and permit determinations will not be threatened species in response to permit completed until after the end of the 30- applications that we received under the Public Comments day comment period and will fully authority of section 10(a)(1)(A) of the You may submit your comments and consider all comments received during Endangered Species Act of 1973 (16 materials by one of the methods listed the comment period. If we determine U.S.C. 1531 et seq.; ESA). in the ADDRESSES section. We that all requirements are met, we will After considering the information specifically request information, views, issue an incidental take permit under submitted with each permit application and opinions from interested parties section 10(a)(1)(B) of the ESA to the and the public comments received, we regarding our proposed Federal action, applicant for the take of the covered issued the requested permits subject to including on the adequacy of the draft species, incidental to otherwise lawful certain conditions set forth in each HCP pursuant to the requirements for covered activities. permits at 50 CFR parts 13 and 17 and permit. For each application for an the adequacy of the draft EA pursuant Authority endangered species, we found that (1) to the requirements of NEPA. We provide this notice in accordance the application was filed in good faith, with the requirements of section 10 of (2) the granted permit would not operate Public Availability of Comments the ESA (16 U.S.C. 1531 et seq.) and to the disadvantage of the endangered All comments and materials we NEPA (42 U.S.C. 4321 et seq.) and their species, and (3) the granted permit receive become part of the public record implementing regulations (50 CFR 17.22 would be consistent with the purposes associated with this action. Before and 40 CFR 1506.6, respectively). and policy set forth in section 2 of the including your address, phone number, ESA. email address, or other personally Theresa E. Rabot, identifiable information in your Deputy Regional Director, Pacific Region, U.S. Availability of Documents comments, you should be aware that Fish and Wildlife Service. your entire comment—including your [FR Doc. 2018–06714 Filed 4–2–18; 8:45 am] The permittees’ original permit personally identifiable information— BILLING CODE 4333–15–P application materials, along with public may be made publicly available at any comments we received during public time. While you can ask us in your comment periods for the applications, comment to withhold your personally DEPARTMENT OF THE INTERIOR are available for review. To locate the application materials and received identifiable information from public Fish and Wildlife Service review, we cannot guarantee that we comments, go to www.regulations.gov will be able to do so. All comments [FWS–HQ–ES–2018–0002; and search for the appropriate permit received from organizations, businesses, FXIA16710900000–156–FF09A30000] number (e.g., 12345C) provided in the or individuals representing following table: Foreign Endangered Species; Issuance organizations or businesses are available of Permits for public inspection in their entirety. Comments and materials we receive, as AGENCY: Fish and Wildlife Service, well as supporting documentation we Interior.

Permit No. Applicant Permit issuance date

64164A ...... NH & S Holdings ...... July 25, 2017. 672849 ...... Priour Brothers Ranch ...... October 19, 2017. 707102 ...... Priour Brothers Ranch ...... October 19, 2017. 27097C ...... Zoological Society of San Diego ...... November 7, 2017. 32285C ...... Southeastern Louisiana University ...... November 13, 2017.

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Permit No. Applicant Permit issuance date

41581C ...... Smithsonian National Zoological Park ...... December 6, 2017. 34054C ...... Cynthia Page-Kargian, Florida Atlantic University ...... December 18, 2017. 43158C ...... Center for the Conservation of the Tropical Ungulates ...... December 20, 2017. 013008 ...... 777 Ranch, Inc ...... December 27, 2017.

Authority • Email: [email protected]; feeding, or sheltering (50 CFR 17.3). • We issue this notice under the U.S. Mail: Field Supervisor, However, we may, under specified authority of the ESA, as amended (16 Arizona Ecological Services Office, 9828 circumstances, issue permits that allow U.S.C. 1531 et seq.). N 31st Avenue, Suite C3, Phoenix, the take of federally listed species, Arizona 85051; provided that the take is incidental to, Joyce Russell, • Fax: 602–242–2513; or but not the purpose of, otherwise lawful Government Information Specialist, Branch • Phone: 602–242–0210. activity. EOS Permits issued to of Permits, Division of Management SUPPLEMENTARY INFORMATION: We, the applicants in association with approved Authority. U.S. Fish and Wildlife Service (Service), SHAs authorize incidental take of the [FR Doc. 2018–06667 Filed 4–2–18; 8:45 am] advise the public that we intend to covered species from implementation of BILLING CODE 4333–15–P prepare a draft EA, pursuant to the the conservation activities and ongoing National Environmental Policy Act (42 covered activities above the baseline U.S.C. 4321 et seq.; NEPA), to evaluate condition. Baseline condition for a DEPARTMENT OF THE INTERIOR the impacts of, and alternatives to, the species could be described as the proposed issuance of an enhancement of Fish and Wildlife Service existing number of individuals, acres of survival permit (EOS Permit) under the habitat, or length of occupied stream [FWS–R2–ES–2017–N179; Endangered Species Act of 1973, as present in the permit area prior to FXES11130200000–189–FF02ENEH00] amended (16 U.S.C. 1531 et seq.; ESA), implementation of the SHA. to Freeport-McMoRan, Inc., Freeport- Application requirements and Notice of Intent To Prepare a Draft McMoRan Morenci, Inc., and the issuance criteria for EOS permits for Environmental Assessment for a Morenci Water and Electric Company SHAs are found in the Code of Proposed Safe Harbor Agreement for (FMMI/MWE) (collectively referred to as Regulations (CFR) at 50 CFR Spikedace, Loach Minnow, and Gila the applicant) for conservation of three 17.22(c)(2)(ii) and 17.32(c)(2)(ii), Chub; Eagle Creek and Lower San federally-listed species: The endangered respectively. See also the joint policy on Francisco River in Greenlee and spikedace (Meda fulgida), endangered SHAs, which the Service and the Graham Counties, Arizona loach minnow (Tiaroga cobitis), and Department of Commerce’s National AGENCY: Fish and Wildlife Service, endangered Gila chub (Gila intermedia) Oceanic and Atmospheric Interior. (collectively referred to as covered Administration, National Marine ACTION: Notice of intent; request for species). In support of the EOS Permit, Fisheries Service published in the comments. the applicant proposes to draft a safe Federal Register on June 17, 1999 (64 harbor agreement (SHA) for land and FR 32717). SUMMARY: We, the U.S. Fish and water uses at Eagle Creek and the lower The purpose of issuing the proposed Wildlife Service, advise the public that San Francisco River, as well as for long- EOS Permit is to authorize take we intend to prepare a draft term management and monitoring associated with the applicant’s environmental assessment (EA), activities, including construction of a proposed activities while conserving pursuant to the National Environmental nonnative fish barrier; an exotic species covered species and their habitats. We Policy Act, to evaluate the impacts of, study; annual surveys for covered expect that the applicant will request and alternatives to, the proposed species and other fish species; and the EOS Permit coverage for a period of 50 issuance of an enhancement of survival continued implementation of the years. permit under the Endangered Species Spikedace and Loach Minnow The Applicant’s Proposed Project Act of 1973, as amended, to Freeport- Management Plan (October 2011) at McMoRan, Inc., Freeport-McMoRan Eagle Creek and the lower San Francisco The proposed activities would Morenci, Inc., and the Morenci Water River in Greenlee and Graham Counties, include ongoing land and water and Electric Company (FMMI/MWE) Arizona. management activities associated with (collectively referred to as the applicant) water-related improvements, including for conservation of federally-listed fish Background a diversion dam and appurtenant species. The applicant proposes to draft Section 9 of the ESA and its pumping facilities and pipelines, a safe harbor agreement. Via this notice, implementing regulations prohibit groundwater pumping stations and we also open a public scoping period. ‘‘take’’ of fish and wildlife species listed water transmission pipelines, access DATES: Written suggestions or comments as endangered or threatened under the roads, power lines, and related on alternatives and issues to be ESA. The ESA defines ‘‘take’’ as ‘‘to infrastructure. During the term of the addressed in the Service’s draft harass, harm, pursue, hunt, shoot, SHA, the permittee anticipates environmental analysis must be wound, kill, trap, capture, or collect improving, replacing, repairing, received by close of business on or listed animal species, or attempt to reconstructing, and maintaining these before May 3, 2018. engage in such conduct’’ (16 U.S.C. facilities and related infrastructure on ADDRESSES: To request further 1533). The term ‘‘harm’’ is defined in land adjacent to Eagle Creek and the information or submit written the regulations as significant habitat lower San Francisco River. We have comments, use one of the following modification or degradation that results worked with the applicant to design methods, and note that your information in death or injury to listed species by conservation activities expected to have request or comment is in reference to significantly impairing essential a net conservation benefit to the the FMMI/MWE NEPA scoping: behavioral patterns, including breeding, spikedace, loach minnow, and Gila

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chub within the area to be covered along portions of Eagle Creek and the lower San Francisco River. Actions under this proposed SHA. These lower San Francisco River in Graham covered under the requested EOS Permit conservation activities would include and Greenlee Counties, Arizona, on may include possible take of the species the following: lands currently owned by the applicant. associated with proposed land and (1) Allocation of $4,000,000 over the Potentially Affected Species water management activities above the next 10 years to complete the design baseline condition for the species, as and construction of a fish barrier on The applicant may apply for an EOS well as construction of the nonnative Eagle Creek to protect and enhance Permit to cover the spikedace, loach fish barrier. aquatic habitat for the covered species. minnow, and Gila chub. The permit area Design of the barrier is almost complete, may include an additional three species Other Alternatives and the location for the barrier has been federally listed as threatened: The selected by the applicant. The fish western distinct population segment of Possible alternatives include barrier would prevent nonnative aquatic the yellow-billed cuckoo (Coccyzus mechanical or chemical stream species from moving upstream into the americanus), Chiricahua leopard frog renovation with barrier construction, or upper portion of the creek, protecting (Lithobates chiricahuensis), and narrow- alternative sites for barrier construction. the covered species and their habitat. headed gartersnake (Thamnophis We are requesting information regarding Loach minnow and Gila chub are rufipunctatus). The ultimate list of other reasonable alternatives during this primarily found above the proposed species covered by the proposed EOS scoping period. barrier location, and the best remaining Permit and associated SHA may change National Historic Preservation Act habitat for the three species is also based on the outcome of more detailed above the proposed barrier location. reviews of the best available science, We will use and coordinate the NEPA (2) Development and implementation changes to the list of protected species, process to fulfill our obligations under of a 3-year monitoring program to detect or further assessments of the likelihood the National Historic Preservation Act the presence of other types of nonnative of take from the proposed activities. [(Pub. L. 89–665, as amended by Pub. L. invasive species (e.g., bullfrogs and 96–515, and as provided in 36 CFR crayfish) within the upper reach of Possible Alternatives in the Environmental Assessment 800.2(d)(3) and 800.8c)]. A cultural Eagle Creek, and investigation of the resource inventory has already been practicability and cost of actions to The proposed action presented in the completed for the project; we will suppress the populations of these draft EA would be compared to the No- address the findings of that report and species in the upper segment of Eagle Action Alternative. The No-Action continue coordinating with tribes and Creek, above the fish barrier. Alternative represents the estimated the State Historic Preservation Office (3) Annual monitoring along Eagle future conditions without the proposed during project development. Creek and the lower reach of the San Federal action. Francisco River to gather data for use in Environmental Review No-Action Alternative informing future conservation and management activities and assisting in In the No-Action Alternative, the The Service will draft an EA to the recovery of the Covered Species. applicant would not request, and we analyze the proposed action, as well as These conservation activities are would not issue, an EOS Permit for the other alternatives, and the associated expected to: ongoing use and management of land impacts of each alternative on the (1) Protect existing upper Eagle Creek and water along Eagle Creek and the human environment and each species populations of spikedace, loach lower San Francisco River. Therefore, covered for the range of alternatives to minnow, and Gila chub, as well as other ongoing use and management of land be addressed. The draft EA is expected native fish species, against future and water on the applicant’s property, to provide biological descriptions of the upstream incursion of nonnative aquatic should incidental take occur, would affected species and habitats, as well as organisms from the Gila River and lower require the applicant to seek coverage the effects of the alternatives on other Eagle Creek. Spikedace, loach minnow, for incidental take in some other resources, such as vegetation, wetlands, and Gila chub all occur in manner. Additionally, the non-native wildlife, geology, and soils, air quality, approximately 10 to 15 percent of their fish barrier would not be built, and water resources, water quality, cultural historical ranges, having been extirpated monitoring would not occur. resources, land use, recreation, water from other areas due to habitat Proposed Alternative use, local economy, and environmental alteration, competition with or justice, as appropriate for the proposed predation by nonnative species, and The proposed action would be the action. other factors. The Gila River and lower issuance of an EOS Permit for the Eagle Creek are currently occupied by a covered species for the conservation and Public Availability of Comments variety of nonnative fish species known covered activities within the plan area, Written comments received will to be detrimental to native fishes, when and if the applicant determines to including flathead catfish, channel move forward with an SHA and become part of the public record catfish, smallmouth bass, red shiner, development of a nonnative fish barrier. associated with this action. Before and green sunfish. The draft SHA, which must be including your address, phone number, (2) Provide data that can be used to consistent with the final SHA policy (64 email address, or other personal inform future management actions to FR 32717), would be developed in identifying information in your remove nonnative species (e.g., crayfish coordination with the Service and comment, you should be aware that and bullfrogs) within Eagle Creek. implemented by the applicant. your entire comment, including your (3) Provide a cooperative approach The proposed alternative would need personal identifying information, may that allows for continuation of mining to provide a net conservation benefit for be made publicly available. While you operations and native fish conservation. the listed species covered by the SHA, can ask us in your comment to withhold Ongoing land and water management and would need to provide long-term your personal identifying information activities, as well as conservation protection of native fish habitat in from public review, we cannot activities under the SHA, would occur portions of upper Eagle Creek and the guarantee that we will be able to do so.

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Authority at the above address, or fax them to second order tributaries to larger, fourth We publish this notice in compliance 502–695–1024; or order streams such as Jellico Creek, 3. You may send comments by email Whitley County, Kentucky. Little is with NEPA and its implementing _ regulations (40 CFR 1501.7, 1506.6, and to mike [email protected]. Please include known of the species’ life history or 1508.22), and section 10(c) of the ESA ‘‘Cumberland Darter Draft Recovery microhabitat suitability, but it is often encountered in pools or shallow runs of (16 U.S.C. 1539(c)). Plan Comments’’ on the subject line. For additional information about low-to-moderate-gradient sections of Amy Lueders, submitting comments, see the Request streams with sand, silt, or sand-covered Regional Director, Southwest Region, for Public Comments section. bedrock substrates. Most of these Albuquerque, New Mexico. FOR FURTHER INFORMATION CONTACT: habitats contain isolated boulders and [FR Doc. 2018–06713 Filed 4–2–18; 8:45 am] Michael Floyd (see ADDRESSES). large cobble that the species likely uses BILLING CODE 4333–15–P as cover. SUPPLEMENTARY INFORMATION: We, the We designated critical habitat for the Fish and Wildlife Service (Service), Cumberland darter on October 16, 2012 announce the availability of the DEPARTMENT OF THE INTERIOR (77 FR 63604). A total of 54 river miles technical/agency draft recovery plan for (86 rkm) were designated, including 13 Fish and Wildlife Service the endangered Cumberland darter, a streams in McCreary and Whitley fish. The draft recovery plan includes Counties, Kentucky, and Campbell and [FWS–R4–ES–2017–N089; specific recovery objectives and criteria Scott Counties, Tennessee. FXES11130400000C2–178–FF04E00000] that would be used to delist this fish under the Endangered Species Act of Threats Endangered and Threatened Wildlife 1973, as amended (16 U.S.C. 1531 et and Plants; Technical/Agency Draft The majority of streams within the seq.; Act). We request review and upper Cumberland River basin have Recovery Plan for the Cumberland comment on this draft recovery plan Darter been modified from their historical from local, State, and Federal agencies, condition due to a number of AGENCY: Fish and Wildlife Service, and the public. anthropogenic activities such as Interior. Background agriculture, logging, residential ACTION: development, road construction, and Notice of availability and The Act requires the development of request for public comment. surface coal mining. As a result of these recovery plans for listed species, unless activities and associated stressors (e.g., SUMMARY: We, the Fish and Wildlife such a plan would not promote the siltation), the Cumberland darter has Service (Service), announce the conservation of a particular species. been extirpated from at least six streams availability of the technical/agency draft Recovery plans describe actions and is now restricted to nine isolated recovery plan for the endangered considered necessary for conservation of watersheds. Limiting factors include the Cumberland darter, a fish. The draft species, establish criteria for delisting, following: (1) Anthropogenic activities recovery plan includes specific recovery and estimate time and cost for that cause siltation, disturbance of objectives and criteria that will guide implementing recovery measures. riparian corridors, and changes in the process of recovery under the Section 4(f) of the Act requires us to channel morphology; (2) water quality Endangered Species Act of 1973, as provide public notice and an degradation caused by a variety of amended (Act). We request review and opportunity for public review and nonpoint-source pollutants; and (3) comment on this draft recovery plan comment during recovery plan naturally small population size and from local, State, and Federal agencies, development. We will consider all reduced geographic range. and the public. information presented during a public comment period prior to approval of Recovery Plan Components DATES: In order to be considered, each new or revised recovery plan. We comments on the draft recovery plan The primary goal of this recovery plan and other Federal agencies will take must be received on or before June 4, is to recover Cumberland darter these comments into consideration in 2018. populations to the point that listing the course of implementing approved under the Act is no longer necessary. To ADDRESSES: recovery plans. achieve these goals, it is necessary to Reviewing documents: If you wish to About the Species produce self-sustaining, viable review this technical/agency draft populations that possess healthy, long- recovery plan, you may obtain a copy by We listed the Cumberland darter term demographic and genetic trends contacting Michael Floyd, U.S. Fish and (Etheostoma susanae) as endangered (e.g., evidence of multiple age classes Wildlife Service, Kentucky Ecological under the Act on September 8, 2011 (76 and continued recruitment, high genetic Services Field Office, 330 West FR 48722). The Cumberland darter is a diversity), and that are no longer Broadway, Suite 265, Frankfort, KY small fish endemic to the upper threatened by any of the factors 40601; tel. 502–695–0468; or by visiting Cumberland River basin, above discussed above. the Service’s Kentucky Field Office Cumberland Falls, in Kentucky and website at http://www.fws.gov/ Tennessee. Cumberland darters occur in Management Units frankfort/. 9 widely separated populations (total of For this Recovery Plan, we identify Submitting comments: If you wish to 16 streams) in southeastern Kentucky nine management units for the comment, you may submit your and north-central Tennessee. No Cumberland Darter (refer to the comments by one of the following population estimates or status trends are associated Recovery Implementation methods: available; however, survey results by Strategy, Figure 1). Based on the 1. You may submit written comments Thomas (2007) suggest that the species species’ current distribution (refer to the and materials to us at the Kentucky is uncommon or occurs in low densities associated Species Biological Report, Field Office address; across its range. Figures 1 and 2) and our knowledge of 2. You may hand-deliver written Cumberland darters are known from the species’ movement patterns, we comments to our Kentucky Field Office, streams ranging in size from small, consider each management unit to

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represent a separate population. As to a critical habitat unit because the personal identifying information in your genetic analyses are completed and species was thought to be extirpated comment, you should be aware that more is known about the species’ gene from Laurel Fork when the critical your entire comment—including your flow and genetic structure, it may be habitat rule was published in 2012. The personal identifying information—may necessary to adjust or modify unit species was rediscovered in Laurel Fork be made publicly available at any time. boundaries. All stream reaches within (of Clear Fork) by the Kentucky State While you can ask us in your comment the species’ historical range that are not Nature Preserves Commission (KSNPC) to withhold your personal identifying specifically identified in the following and the Service in 2014 (Service information from public review, we management units, should not unpublished data). This management cannot guarantee that we will be able to immediately be excluded from recovery unit is comprised of an approximate do so. activities if new information indicates 16.7-km (10.4-mi) reach of Laurel Fork Authority these areas are necessary to prevent that extends from the mouth of Laurel local extirpation or to facilitate Fork in Campbell County, Tennessee, The authority for this action is section recovery. upstream to Laurel Fork–Buffalo Creek 4(f) of the Endangered Species Act, 16 The management units are as follows: Road in Whitley County, Kentucky. No U.S.C. 1533 (f). Management Unit 1: The boundaries collection records exist for the Dated: March 26, 2018. of this management unit correspond to Tennessee portion of this management Leopoldo Miranda, critical habitat units 1 (Bunches Creek) unit (Campbell and Claiborne Counties); Acting Regional Director, Southeast Region. and 2 (Calf Pen Fork), which are located however, recent collection records exist [FR Doc. 2018–06631 Filed 4–2–18; 8:45 am] entirely within the Daniel Boone for areas near the Kentucky-Tennessee National Forest (DBNF). border, and suitable habitat is present BILLING CODE 4310–55–P Management Unit 2: The boundaries throughout the Tennessee portion of the of this management unit correspond to stream. This unit is located primarily on DEPARTMENT OF THE INTERIOR critical habitat units 7 (Kilburn Fork) private property, except for a 6.6-km and 8 (Laurel Fork). The majority of this (4.1-mi) reach on the western side (right Bureau of Land Management management unit (73 percent) is located descending bank) of Laurel Fork in within the DBNF. Archer-Benge State Nature Preserve, a [LLIDC00000.18XL1109AF. L10100000.DF0000.241A0; 4500118259] Management Unit 3: The boundaries 7.5-km2 (1,864-ac) tract in Whitley of this management unit correspond to County, Kentucky, and any small Notice of Public Meeting, Coeur critical habitat unit 6 (Cogur Fork). The amount that is publicly owned in the majority of this management unit (69 d’Alene District Resource Advisory form of bridge crossings and road Council, Idaho percent) is located within the DBNF. easements. Management Unit 4: The boundaries AGENCY: Bureau of Land Management, of this management unit correspond to Recovery Criteria Interior. critical habitat units 4 (Barren Fork) and The Cumberland darter should be ACTION: Notice of public meeting. 5 (Indian Creek), which are located considered for removal from the List of entirely within the DBNF. Endangered and Threatened Wildlife SUMMARY: In accordance with the Management Unit 5: The boundaries when: Federal Land Policy and Management of this management unit correspond to (1) Management Units 1–9 or Act of 1976, the Federal Advisory critical habitat units 9 (Laurel Creek), 10 Management Units 1–7, 9, and one Committee Act of 1972, and the Federal (Elisha Branch), and 11 (Jenneys additional stream within the species’ Lands Recreation Enhancement Act of Branch), and a 7.4-km (4.6-mi) segment historical range (e.g., Sanders Creek) are 2004 (FLREA), the U.S. Department of of Bridge Fork. The majority of this determined to be protected from present the Interior, Bureau of Land management unit (96 percent) is located and foreseeable habitat threats through Management (BLM) Coeur d’Alene within the DBNF. recovery efforts like land acquisition, District Resource Advisory Council Management Unit 6: This conservation agreements and easements, (RAC) will meet as indicated below. management unit corresponds to critical stewardship, outreach, adequate DATES: The Coeur d’Alene District RAC habitat units 13 (Jellico Creek), 14 (Rock regulatory oversight and enforcement, or will meet Thursday, April 19, 2018. The Creek), and 15 (Capuchin Creek). A other similar actions; meeting will begin at 9 a.m. and end no portion of this management unit (29 (2) Instream habitat quality (substrate, later than 4 p.m. The public comment percent) is located within the DBNF. flows, water quality) in these period will take place from 2 p.m. to Management Unit 7: The boundaries management units is sufficient, as 2:30 p.m. of this management unit correspond to defined by recovery tasks 3.1 and 3.2, to ADDRESSES: The Coeur d’Alene District critical habitat unit 3 (Youngs Creek). meet the species’ life history This unit is located almost entirely on RAC will meet at the BLM Coeur requirements; and d’Alene District Office, 3815 Schreiber private land, except for any small (3) A viable population (as defined in Way, Coeur d’Alene, ID 83815. amount that is publicly owned in the the recovery plan) must occur within form of bridge crossings and road each of these management units. FOR FURTHER INFORMATION CONTACT: easements. Suzanne Endsley, RAC Coordinator, Management Unit 8: The boundaries Request for Public Comments Coeur d’Alene District, 3815 Schreiber of this management unit correspond to We request written comments on the Way, Coeur d’Alene, ID 83815; critical habitat unit 12 (Wolf Creek). draft recovery plan. We will consider all telephone: 208–769–5004; email: This unit is located almost entirely on comments we receive by the date [email protected]. Persons who use a private land, except for any small specified in DATES prior to final telecommunications device for the deaf amount that is publicly owned in the approval of the plan. (TDD) may contact Ms. Endsley by form of bridge crossings and road calling the Federal Relay Service (FRS) easements. Public Availability of Comments at 800–877–8339. The FRS is available Management Unit 9: This Before including your address, phone 24 hours a day, 7 days a week, to leave management unit does not correspond number, email address, or other a message or question with Ms. Endsley.

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You will receive a reply during normal Mexico Outer Continental Shelf Oil and INTERNATIONAL TRADE business hours. Gas Region-Wide Lease Sale 251. COMMISSION SUPPLEMENTARY INFORMATION: The 15- [Investigation Nos. 701–TA–603–605 and member RAC advises the Secretary of SUMMARY: The Bureau of Ocean Energy 731–TA–1413–1415 (Preliminary)] the Interior, through the BLM, on a Management (BOEM) announces the variety of planning and management availability of the Proposed Notice of Glycine From China, India, Japan, and issues associated with public land Sale (NOS) for the proposed Gulf of Thailand; Institution of Antidumping management in Idaho. The meeting Mexico (GOM) Outer Continental Shelf and Countervailing Duty Investigations agenda will include updates from the (OCS) Oil and Gas Region-wide Lease and Scheduling of Preliminary Phase Cottonwood and Coeur d’Alene Field Sale 251 (GOM Region-wide Sale 251). Investigations Offices regarding recreation, forestry This Notice is published pursuant to AGENCY: United States International and fuels projects. Idaho Panhandle BOEM’s regulations. With regard to oil Trade Commission. National Forest recreation managers will and gas leasing on the OCS, the ACTION: Notice. also present recommendations regarding Secretary of the Interior, pursuant to potential new recreation fees and/or section 19 of the Outer Continental SUMMARY: The Commission hereby gives increased fee rates to the Recreation Shelf Lands Act, provides Governors of notice of the institution of investigations RAC. Additional agenda topics or affected states the opportunity to review and commencement of preliminary changes to the agenda will be phase antidumping and countervailing announced in local press releases. More and comment on the Proposed NOS. The Proposed NOS sets forth the duty investigation Nos. 701–TA–603– information is available at: https:// 605 and 731–TA–1413–1415 proposed size, timing, and location of www.blm.gov/get-involved/resource- (Preliminary) pursuant to the Tariff Act the sale, including lease stipulations, advisory-council/near-you/Idaho/ of 1930 (‘‘the Act’’) to determine coeurdalene-district-RAC terms and conditions, minimum bids, whether there is a reasonable indication RAC meetings are open to the public. royalty rates, and rental rates. that an industry in the United States is The public may present written DATES: Governors of affected states may materially injured or threatened with comments to the RAC. Each formal RAC comment on the size, timing, and material injury, or the establishment of meeting will also have time allocated for location of proposed GOM Region-wide an industry in the United States is hearing public comments. Depending on Sale 251 within 60 days following their materially retarded, by reason of the number of persons wishing to receipt of the Proposed NOS. The Final imports of glycine from China, India, comment and time available, the time Japan, and Thailand, provided for in for individual oral comments may be NOS will be published in the Federal Register at least 30 days prior to the subheading 2922.49.43 and 2922.49.80 limited. Before including your address, of the Harmonized Tariff Schedule of date of bid opening. Bid opening is phone number, email address, or other the United States, that are alleged to be personal identifying information in your currently scheduled for August 15, sold in the United States at less than fair comment, you should be aware that 2018. value from India, Japan, and Thailand, your entire comment—including your ADDRESSES: The Proposed NOS for GOM and alleged to be subsidized by the personal identifying information—may Region-wide Sale 251 and Proposed governments of China, India, and be made publicly available at any time. NOS Package containing information Thailand. Unless the Department of While you can ask us in your comment Commerce (‘‘Commerce’’) extends the essential to potential bidders may be to withhold your personal identifying time for initiation, the Commission obtained from the Public Information information from public review, we must reach a preliminary determination cannot guarantee that we will be able to Unit, Gulf of Mexico Region, Bureau of in antidumping and countervailing duty do. Ocean Energy Management, 1201 investigations in 45 days, or in this case Individuals who plan to attend and Elmwood Park Boulevard, New Orleans, by May 14, 2018. The Commission’s need special assistance, such as sign Louisiana 70123–2394; telephone: (504) views must be transmitted to Commerce language interpretation or other 736–2519. The Proposed NOS and within five business days thereafter, or reasonable accommodations, should Proposed NOS Package also are by May 21, 2018. contact the BLM as provided above. available for downloading or viewing on DATES: March 28, 2018. Authority: 43 CFR 1784.4–2. BOEM’s website at http:// FOR FURTHER INFORMATION CONTACT: Abu www.boem.gov/Sale-251/. B. Kanu ((202) 205–2597), Office of Linda Clark, FOR FURTHER INFORMATION CONTACT: Dr. Investigations, U.S. International Trade BLM Coeur d’Alene District Manager. Commission, 500 E Street SW, [FR Doc. 2018–06742 Filed 4–2–18; 8:45 am] Andrew Krueger, Acting Chief, Leasing Management and Policy Division, 703– Washington, DC 20436. Hearing- BILLING CODE 4310–AK–P 787–1554, [email protected]. impaired persons can obtain information on this matter by contacting Authority: 43 U.S.C. 1345 and 30 CFR the Commission’s TDD terminal on 202– DEPARTMENT OF THE INTERIOR 556.304(c). 205–1810. Persons with mobility Bureau of Ocean Energy Management Dated: March 28, 2018. impairments who will need special Walter D. Cruickshank, assistance in gaining access to the Commission should contact the Office Notice of Availability of the Proposed Acting Director, Bureau of Ocean Energy Notice of Sale for Gulf of Mexico Outer of the Secretary at 202–205–2000. Management. General information concerning the Continental Shelf Oil and Gas Region- [FR Doc. 2018–06730 Filed 4–2–18; 8:45 am] Wide Lease Sale 251 Commission may also be obtained by BILLING CODE 4310–MP–P accessing its internet server (https:// AGENCY: Bureau of Ocean Energy www.usitc.gov). The public record for Management, Interior. this investigation may be viewed on the ACTION: Notice of Availability of the Commission’s electronic docket (EDIS) Proposed Notice of Sale for Gulf of at https://edis.usitc.gov.

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SUPPLEMENTARY INFORMATION: 16, 2018. Parties in support of the Authority: These investigations are being Background.—These investigations imposition of countervailing and conducted under authority of title VII of the are being instituted, pursuant to antidumping duties in these Tariff Act of 1930; this notice is published sections 703(a) and 733(a) of the Tariff investigations and parties in opposition pursuant to section 207.12 of the Commission’s rules. Act of 1930 (19 U.S.C. 1671b(a) and to the imposition of such duties will 1673b(a)), in response to a petition filed each be collectively allocated one hour By order of the Commission. on March 28, 2018, by GEO Specialty within which to make an oral Issued: March 29, 2018. Chemical, Lafayette, Indiana and presentation at the conference. A Lisa Barton, Chattem Chemicals, Inc., Chattanooga, nonparty who has testimony that may Secretary to the Commission. Tennessee. aid the Commission’s deliberations may [FR Doc. 2018–06716 Filed 4–2–18; 8:45 am] For further information concerning request permission to present a short BILLING CODE 7020–02–P the conduct of these investigations and statement at the conference. rules of general application, consult the Written submissions.—As provided in Commission’s Rules of Practice and sections 201.8 and 207.15 of the INTERNATIONAL TRADE Procedure, part 201, subparts A and B Commission’s rules, any person may COMMISSION (19 CFR part 201), and part 207, submit to the Commission on or before subparts A and B (19 CFR part 207). April 23, 2018, a written brief Notice of Receipt of Complaint; Participation in the investigations and containing information and arguments Solicitation of Comments Relating to public service list.—Persons (other than pertinent to the subject matter of the the Public Interest petitioners) wishing to participate in the investigations. Parties may file written AGENCY: U.S. International Trade investigations as parties must file an testimony in connection with their Commission. entry of appearance with the Secretary presentation at the conference. All to the Commission, as provided in written submissions must conform with ACTION: Notice. sections 201.11 and 207.10 of the the provisions of section 201.8 of the SUMMARY: Notice is hereby given that Commission’s rules, not later than seven Commission’s rules; any submissions the U.S. International Trade days after publication of this notice in that contain BPI must also conform with Commission has received a complaint the Federal Register. Industrial users the requirements of sections 201.6, entitled Certain Modular LED Display and (if the merchandise under 207.3, and 207.7 of the Commission’s Panels, DN 3302; the Commission is investigation is sold at the retail level) rules. The Commission’s Handbook on soliciting comments on any public representative consumer organizations E-Filing, available on the Commission’s interest issues raised by the complaint have the right to appear as parties in website at https://edis.usitc.gov, or complainant’s filing pursuant to the Commission antidumping duty and elaborates upon the Commission’s rules Commission’s Rules of Practice and countervailing duty investigations. The with respect to electronic filing. Procedure. Secretary will prepare a public service In accordance with sections 201.16(c) list containing the names and addresses and 207.3 of the rules, each document FOR FURTHER INFORMATION CONTACT: Lisa of all persons, or their representatives, filed by a party to the investigations R. Barton, Secretary to the Commission, who are parties to these investigations must be served on all other parties to U.S. International Trade Commission, upon the expiration of the period for the investigations (as identified by 500 E Street SW, Washington, DC filing entries of appearance. either the public or BPI service list), and 20436, telephone (202) 205–2000. The Limited disclosure of business a certificate of service must be timely public version of the complaint can be proprietary information (BPI) under an filed. The Secretary will not accept a accessed on the Commission’s administrative protective order (APO) document for filing without a certificate Electronic Document Information and BPI service list.—Pursuant to of service. System (EDIS) at https://edis.usitc.gov, section 207.7(a) of the Commission’s Certification.—Pursuant to section and will be available for inspection rules, the Secretary will make BPI 207.3 of the Commission’s rules, any during official business hours (8:45 a.m. gathered in these investigations person submitting information to the to 5:15 p.m.) in the Office of the available to authorized applicants Commission in connection with these Secretary, U.S. International Trade representing interested parties (as investigations must certify that the Commission, 500 E Street SW, defined in 19 U.S.C. 1677(9)) who are information is accurate and complete to Washington, DC 20436, telephone (202) parties to the investigations under the the best of the submitter’s knowledge. In 205–2000. APO issued in the investigations, making the certification, the submitter General information concerning the provided that the application is made will acknowledge that any information Commission may also be obtained by not later than seven days after the that it submits to the Commission accessing its internet server at United publication of this notice in the Federal during these investigations may be States International Trade Commission Register. A separate service list will be disclosed to and used: (i) By the (USITC) at https://www.usitc.gov. The maintained by the Secretary for those Commission, its employees and Offices, public record for this investigation may parties authorized to receive BPI under and contract personnel (a) for be viewed on the Commission’s the APO. developing or maintaining the records Electronic Document Information Conference.—The Commission’s of these or related investigations or System (EDIS) at https://edis.usitc.gov. Director of Investigations has scheduled reviews, or (b) in internal investigations, Hearing-impaired persons are advised a conference in connection with these audits, reviews, and evaluations relating that information on this matter can be investigations for 9:30 a.m. on to the programs, personnel, and obtained by contacting the Wednesday, April 18, 2018, at the U.S. operations of the Commission including Commission’s TDD terminal on (202) International Trade Commission under 5 U.S.C. Appendix 3; or (ii) by 205–1810. Building, 500 E Street SW, Washington, U.S. government employees and SUPPLEMENTARY INFORMATION: The DC. Requests to appear at the conference contract personnel, solely for Commission has received a complaint should be emailed to cybersecurity purposes. All contract and a submission pursuant to § 210.8(b) [email protected] (DO personnel will sign appropriate of the Commission’s Rules of Practice NOT FILE ON EDIS) on or before April nondisclosure agreements. and Procedure filed on behalf of

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Ultravision Technologies, LLC on March public are invited to file comments, not Filing Procedures 1). Persons with 27, 2018. The complaint alleges to exceed five (5) pages in length, questions regarding filing should violations of section 337 of the Tariff inclusive of attachments, on any public contact the Secretary (202–205–2000). Act of 1930 (19 U.S.C. 1337) in the interest issues raised by the complaint Any person desiring to submit a importation into the United States, the or § 210.8(b) filing. Comments should document to the Commission in sale for importation, and the sale within address whether issuance of the relief confidence must request confidential the United States after importation of specifically requested by the certain modular led display panels. The complainant in this investigation would treatment. All such requests should be complaint names as respondents: affect the public health and welfare in directed to the Secretary to the Shenzhen Absen Optoelectronic Co., the United States, competitive Commission and must include a full Ltd. of China; Absen, Inc. of Orlando, conditions in the United States statement of the reasons why the FL; Shenzhen AOTO Electronics Co., economy, the production of like or Commission should grant such Ltd. of China; AOTO Electronics (US) directly competitive articles in the treatment. See 19 CFR 201.6. Documents LLC of Irvine, CA; Barco NV of Belgium; United States, or United States for which confidential treatment by the Barco Inc. of Duluth, GA; Cirrus consumers. Commission is properly sought will be treated accordingly. All such requests Systems, Inc. of Saco, ME; digiLED (UK) In particular, the Commission is Limited, formerly display LED (HK) interested in comments that: should be directed to the Secretary to Limited of the United Kingdom; Elation the Commission and must include a full Lighting, Inc., d/b/a Elation Professional (i) Explain how the articles statement of the reasons why the of Los Angeles, CA; Glux Visual Effects potentially subject to the requested Commission should grant such Tech (Shenzhen) Co. of China; Ledman remedial orders are used in the United treatment. See 19 CFR 201.6. Documents Optoelectronic Co., Ltd. of China; States; for which confidential treatment by the Shenzhen Liantronics Co. Ltd. of China; (ii) identify any public health, safety, Commission is properly sought will be Liantronics, LLC of Fremont, CA; or welfare concerns in the United States treated accordingly. All information, Lighthouse Technologies (Hong Kong) relating to the requested remedial including confidential business Limited of Hong Kong; Shenzhen Mary orders; information and documents for which Photoelectricity Co., Ltd. of China; (iii) identify like or directly confidential treatment is properly MRLED Inc. of Walnut, CA; Prismaflex competitive articles that complainant, sought, submitted to the Commission for International France S.A. of France; its licensees, or third parties make in the purposes of this Investigation may be Prismaflex USA, Inc. of Elizabethtown, United States which could replace the disclosed to and used: (i) By the NC; Rocketsign Hong Kong Ltd. of Hong subject articles if they were to be Commission, its employees and Offices, Kong; Tianjin Samsung Electronics Co., excluded; and contract personnel (a) for Ltd. of China; Samsung Electronics developing or maintaining the records America, Inc. of Ridgefield Park, NJ; (iv) indicate whether complainant, of this or a related proceeding, or (b) in Shanghai Sansi Electronic Engineering complainant’s licensees, and/or third internal investigations, audits, reviews, Co., Ltd. of China; Sansi North America, party suppliers have the capacity to LLC of New York, NY; Unilumin Group replace the volume of articles and evaluations relating to the Co., Ltd. of China; Unilumin LED potentially subject to the requested programs, personnel, and operations of Technology FL LLC of Orlando, FL; exclusion order and/or a cease and the Commission including under 5 Yaham Optoelectronics Co., Ltd. of desist order within a commercially U.S.C. Appendix 3; or (ii) by U.S. China; Yaham LED U.S.A., Inc. of Las reasonable time; and government employees and contract 2 Vegas, NV; Formetco Inc. of Duluth, GA; (v) explain how the requested personnel, solely for cybersecurity Leyard Optoelectronic Co. of China; remedial orders would impact United purposes. All nonconfidential written Leyard American Corporation of Buffalo States consumers. submissions will be available for public Grove, IL; Mitsubishi Electric inspection at the Office of the Secretary Written submissions must be filed no and on EDIS.3 Corporation of Japan; Mitsubishi later than by close of business, eight Electric Power Products, Inc. of calendar days after the date of This action is taken under the Warrendale, PA; NanoLumens Inc. of publication of this notice in the Federal authority of section 337 of the Tariff Act Peachtree Corners; GA; Panasonic Register. There will be further of 1930, as amended (19 U.S.C. 1337), Corporation of Japan; Panasonic opportunities for comment on the and of §§ 201.10 and 210.8(c) of the Corporation of North America of public interest after the issuance of any Commission’s Rules of Practice and Newark, NJ; Vanguard LED Displays, final initial determination in this Procedure (19 CFR 201.10, 210.8(c)). Inc., formerly Aeson LED Display investigation. Technologies, Inc. of Lakeland, FL; ANC By order of the Commission. Sports Enterprises, LLC of Purchase, Persons filing written submissions Issued: March 27, 2018. must file the original document NY; GoVision, LLC of Argyle, TX; and Lisa Barton, RMG Networks Holding Corporation of electronically on or before the deadlines Addison, TX. The complainant requests stated above and submit 8 true paper Secretary to the Commission. that the Commission issue a general copies to the Office of the Secretary by [FR Doc. 2018–06589 Filed 4–2–18; 8:45 am] exclusion order, or in the alternative, a noon the next day pursuant to § 210.4(f) BILLING CODE 7020–02–P limited exclusion order, cease and of the Commission’s Rules of Practice desist orders and impose a bond upon and Procedure (19 CFR 210.4(f)). 1 Handbook for Electronic Filing Procedures: _ _ respondents’ alleged infringing articles Submissions should refer to the docket https://www.usitc.gov/documents/handbook on filing_procedures.pdf. during the 60-day Presidential review number (‘‘Docket No. 3302) in a prominent place on the cover page and/ 2 All contract personnel will sign appropriate period pursuant to 19 U.S.C. 1337(j). nondisclosure agreements. or the first page. (See Handbook for Proposed respondents, other 3 Electronic Document Information System interested parties, and members of the Electonic Filing Procedures, Electronic (EDIS): https://edis.usitc.gov.

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INTERNATIONAL TRADE Canada; Jubilant Pharma Limited of and Procedure (19 CFR 210.4(f)). COMMISSION Singapore; and Jubilant Life Sciences of Submissions should refer to the docket India. The complainant requests that the number (‘‘Docket No. 3303’’) in a Notice of Receipt of Complaint; Commission issue a limited exclusion prominent place on the cover page and/ Solicitation of Comments Relating to order, cease and desist orders and or the first page. (See Handbook for the Public Interest impose a bond upon respondents’ Electonic Filing Procedures, Electronic alleged infringing articles during the 60- 1 AGENCY: U.S. International Trade Filing Procedures ). Persons with Commission. day Presidential review period pursuant questions regarding filing should to 19 U.S.C. 1337(j). contact the Secretary (202–205–2000). ACTION: Notice. Proposed respondents, other Any person desiring to submit a SUMMARY: Notice is hereby given that interested parties, and members of the the U.S. International Trade public are invited to file comments, not document to the Commission in Commission has received a complaint to exceed five (5) pages in length, confidence must request confidential entitled Certain Strontium-Rubidium inclusive of attachments, on any public treatment. All such requests should be Radioisotope Infusion Systems, and interest issues raised by the complaint directed to the Secretary to the Components Thereof Including or § 210.8(b) filing. Comments should Commission and must include a full Generators, DN 3303; the Commission is address whether issuance of the relief statement of the reasons why the soliciting comments on any public specifically requested by the Commission should grant such interest issues raised by the complaint complainant in this investigation would treatment. See 19 CFR 201.6. Documents or complainant’s filing pursuant to the affect the public health and welfare in for which confidential treatment by the Commission’s Rules of Practice and the United States, competitive Commission is properly sought will be Procedure. conditions in the United States treated accordingly. All such requests economy, the production of like or FOR FURTHER INFORMATION CONTACT: Lisa should be directed to the Secretary to directly competitive articles in the R. Barton, Secretary to the Commission, the Commission and must include a full United States, or United States U.S. International Trade Commission, statement of the reasons why the consumers. 500 E Street SW, Washington, DC Commission should grant such In particular, the Commission is 20436, telephone (202) 205–2000. The treatment. See 19 CFR 201.6. Documents interested in comments that: public version of the complaint can be (i) Explain how the articles for which confidential treatment by the accessed on the Commission’s potentially subject to the requested Commission is properly sought will be Electronic Document Information remedial orders are used in the United treated accordingly. All information, System (EDIS) at https://edis.usitc.gov, States; including confidential business and will be available for inspection (ii) identify any public health, safety, information and documents for which during official business hours (8:45 a.m. or welfare concerns in the United States confidential treatment is properly to 5:15 p.m.) in the Office of the relating to the requested remedial sought, submitted to the Commission for Secretary, U.S. International Trade orders; purposes of this Investigation may be Commission, 500 E Street SW, (iii) identify like or directly disclosed to and used: (i) By the Washington, DC 20436, telephone (202) competitive articles that complainant, Commission, its employees and Offices, 205–2000. its licensees, or third parties make in the General information concerning the and contract personnel (a) for United States which could replace the developing or maintaining the records Commission may also be obtained by subject articles if they were to be accessing its internet server at United of this or a related proceeding, or (b) in excluded; internal investigations, audits, reviews, States International Trade Commission (iv) indicate whether complainant, and evaluations relating to the (USITC) at https://www.usitc.gov. The complainant’s licensees, and/or third programs, personnel, and operations of public record for this investigation may party suppliers have the capacity to the Commission including under 5 be viewed on the Commission’s replace the volume of articles Electronic Document Information potentially subject to the requested U.S.C. Appendix 3; or (ii) by U.S. System (EDIS) at https://edis.usitc.gov. exclusion order and/or a cease and government employees and contract 2 Hearing-impaired persons are advised desist order within a commercially personnel, solely for cybersecurity that information on this matter can be reasonable time; and purposes. All nonconfidential written obtained by contacting the (v) explain how the requested submissions will be available for public Commission’s TDD terminal on (202) remedial orders would impact United inspection at the Office of the Secretary 205–1810. States consumers. and on EDIS.3 SUPPLEMENTARY INFORMATION: The Written submissions must be filed no This action is taken under the Commission has received a complaint later than by close of business, eight authority of section 337 of the Tariff Act and a submission pursuant to § 210.8(b) calendar days after the date of of 1930, as amended (19 U.S.C. 1337), of the Commission’s Rules of Practice publication of this notice in the Federal and of §§ 201.10 and 210.8(c) of the and Procedure filed on behalf of Bracco Register. There will be further Commission’s Rules of Practice and Diagnostics Inc. on March 27, 2018. The opportunities for comment on the Procedure (19 CFR 201.10, 210.8(c)). complaint alleges violations of section public interest after the issuance of any 337 of the Tariff Act of 1930 (19 U.S.C. final initial determination in this By order of the Commission. 1337) in the importation into the United investigation. States, the sale for importation, and the Persons filing written submissions sale within the United States after must file the original document 1 Handbook for Electronic Filing Procedures: importation of certain strontium- electronically on or before the deadlines https://www.usitc.gov/documents/handbook_on_ _ rubidium radioisotope infusion systems, stated above and submit 8 true paper filing procedures.pdf. 2 All contract personnel will sign appropriate and components thereof including copies to the Office of the Secretary by nondisclosure agreements. generators. The complaint names as noon the next day pursuant to § 210.4(f) 3 Electronic Document Information System respondents: Jubliant DraxImage Inc. of of the Commission’s Rules of Practice (EDIS): https://edis.usitc.gov.

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Issued: March 27, 2018. Commission may also be obtained by April 17, 2018, at the U.S. International Lisa Barton, accessing its internet server (https:// Trade Commission Building, 500 E Secretary to the Commission. www.usitc.gov). The public record for Street SW, Washington, DC. Requests to these investigations may be viewed on appear at the conference should be [FR Doc. 2018–06592 Filed 4–2–18; 8:45 am] the Commission’s electronic docket emailed to preliminaryconferences@ BILLING CODE 7020–02–P (EDIS) at https://edis.usitc.gov. usitc.gov (DO NOT FILE ON EDIS) on or SUPPLEMENTARY INFORMATION: before April 13, 2018. Parties in support INTERNATIONAL TRADE Background.—These investigations of the imposition of countervailing and COMMISSION are being instituted, pursuant to antidumping duties in these sections 703(a) and 733(a) of the Tariff investigations and parties in opposition [Investigation Nos. 701–TA–602 and 731– Act of 1930 (19 U.S.C. 1671b(a) and to the imposition of such duties will TA–1412 (Preliminary)] 1673b(a)), in response to a petition filed each be collectively allocated one hour on March 27, 2018, by Accuride within which to make an oral Steel Wheels From China; Institution of presentation at the conference. A Antidumping and Countervailing Duty Corporation, Evansville, Indiana, and Maxion Wheels Akron LLC, Akron, nonparty who has testimony that may Investigations and Scheduling of aid the Commission’s deliberations may Preliminary Phase Investigations Ohio. For further information concerning request permission to present a short AGENCY: United States International the conduct of these investigations and statement at the conference. Written submissions.—As provided in Trade Commission. rules of general application, consult the sections 201.8 and 207.15 of the ACTION: Notice. Commission’s Rules of Practice and Commission’s rules, any person may Procedure, part 201, subparts A and B submit to the Commission on or before SUMMARY: The Commission hereby gives (19 CFR part 201), and part 207, April 20, 2018, a written brief notice of the institution of investigations subparts A and B (19 CFR part 207). containing information and arguments and commencement of preliminary Participation in the investigations and pertinent to the subject matter of the phase antidumping and countervailing public service list.—Persons (other than investigations. Parties may file written duty investigation Nos. 701–TA–602 petitioners) wishing to participate in the testimony in connection with their and 731–TA–1412 (Preliminary) investigations as parties must file an presentation at the conference. All pursuant to the Tariff Act of 1930 (‘‘the entry of appearance with the Secretary Act’’) to determine whether there is a written submissions must conform with to the Commission, as provided in the provisions of section 201.8 of the reasonable indication that an industry sections 201.11 and 207.10 of the in the United States is materially Commission’s rules; any submissions Commission’s rules, not later than seven that contain BPI must also conform with injured or threatened with material days after publication of this notice in injury, or the establishment of an the requirements of sections 201.6, the Federal Register. Industrial users 207.3, and 207.7 of the Commission’s industry in the United States is and (if the merchandise under materially retarded, by reason of rules. The Commission’s Handbook on investigation is sold at the retail level) E-Filing, available on the Commission’s imports of steel wheels from China, representative consumer organizations provided for in subheadings 8708.70.45, website at https://edis.usitc.gov, have the right to appear as parties in elaborates upon the Commission’s rules 8708.70.60, and 8716.90.50 of the Commission antidumping duty and Harmonized Tariff Schedule of the with respect to electronic filing. countervailing duty investigations. The In accordance with sections 201.16(c) United States, that are alleged to be sold Secretary will prepare a public service in the United States at less than fair and 207.3 of the rules, each document list containing the names and addresses filed by a party to the investigations value and alleged to be subsidized by of all persons, or their representatives, the Government of China. Unless the must be served on all other parties to who are parties to these investigations the investigations (as identified by Department of Commerce (‘‘Commerce’’) upon the expiration of the period for either the public or BPI service list), and extends the time for initiation, the filing entries of appearance. a certificate of service must be timely Commission must reach a preliminary Limited disclosure of business filed. The Secretary will not accept a determination in antidumping and proprietary information (BPI) under an document for filing without a certificate countervailing duty investigations in 45 administrative protective order (APO) of service. days, or in this case by May 11, 2018. and BPI service list.—Pursuant to Certification.—Pursuant to section The Commission’s views must be section 207.7(a) of the Commission’s 207.3 of the Commission’s rules, any transmitted to Commerce within five rules, the Secretary will make BPI person submitting information to the business days thereafter, or by May 18, gathered in these investigations Commission in connection with these 2018. available to authorized applicants investigations must certify that the DATES: March 27, 2018. representing interested parties (as information is accurate and complete to FOR FURTHER INFORMATION CONTACT: defined in 19 U.S.C. 1677(9)) who are the best of the submitter’s knowledge. In Jordan Harriman (202–205–2610), Office parties to the investigations under the making the certification, the submitter of Investigations, U.S. International APO issued in the investigations, will acknowledge that any information Trade Commission, 500 E Street SW, provided that the application is made that it submits to the Commission Washington, DC 20436. Hearing- not later than seven days after the during these investigations may be impaired persons can obtain publication of this notice in the Federal disclosed to and used: (i) By the information on this matter by contacting Register. A separate service list will be Commission, its employees and Offices, the Commission’s TDD terminal on 202– maintained by the Secretary for those and contract personnel (a) for 205–1810. Persons with mobility parties authorized to receive BPI under developing or maintaining the records impairments who will need special the APO. of these or related investigations or assistance in gaining access to the Conference.—The Commission’s reviews, or (b) in internal investigations, Commission should contact the Office Director of Investigations has scheduled audits, reviews, and evaluations relating of the Secretary at 202–205–2000. a conference in connection with these to the programs, personnel, and General information concerning the investigations for 9:30 a.m. on Tuesday, operations of the Commission including

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under 5 U.S.C. Appendix 3; or (ii) by Enterprise Portal, National Crime pollutants in storm water from a U.S. government employees and Information Center, National Instant construction site comprised of the contract personnel, solely for Criminal Background Check System, Magnolia Valley Plantation and cybersecurity purposes. All contract National Incident-Based Reporting Magnolia Hills (f/k/a Magnolia Valley) personnel will sign appropriate System, National Data Exchange, and developments (together, the ‘‘Site’’) in nondisclosure agreements. Uniform Crime Reporting. Evans, Columbia County, Georgia, and This meeting is open to the public. Authority: These investigations are being (2) Defendants’ alleged violations of conducted under authority of title VII of the All attendees will be required to check- CWA Section 301, 42 U.S.C. 1311, for Tariff Act of 1930; this notice is published in at the meeting registration desk. the alleged discharge of pollutants from pursuant to section 207.12 of the Registrations will be accepted on a the Site into waters of the United States Commission’s rules. space available basis. Interested persons without permits issued pursuant to By order of the Commission. whose registrations have been accepted CWA Section 404, 42 U.S.C. 1344. may be permitted to participate in the Issued: March 28, 2018. Under the Consent Decree, discussions at the discretion of the Lisa Barton, Defendants, with signatory Aaron W. meeting chairman and with approval of Sullivan, have agreed to pay a civil Secretary to the Commission. the Designated Federal Officer (DFO). penalty of $45,000 and pay $60,000 to [FR Doc. 2018–06688 Filed 4–2–18; 8:45 am] Any member of the public may file a purchase wetlands credits. Defendants BILLING CODE 7020–02–P written statement with the Board. also have agreed to implement Written comments shall be focused on injunctive relief, including (1) for the the APB’s current issues under Site: Ensuring that best management DEPARTMENT OF JUSTICE discussion and may not be repetitive of practices (‘‘BMPs’’) are implemented previously submitted written and maintained, BMP failures are Federal Bureau of Investigation statements. Written comments should reported and corrected, and (2) for all be provided to Mr. Nicky J. Megna, Meeting of the CJIS Advisory Policy future sites: Ensuring that BMPs are Acting DFO, at least seven (7) days in Board implemented and maintained, BMP advance of the meeting so that the failures are reported and corrected, and AGENCY: Federal Bureau of Investigation comments may be made available to the both internal and third-party oversight (FBI), DOJ. APB for their consideration prior to the and reporting are implemented. ACTION: Meeting notice. meeting. The publication of this notice opens Anyone requiring special a period for public comment on the SUMMARY: The purpose of this notice is accommodations should notify Mr. Consent Decree. Comments should be to announce the meeting of the Federal Megna at least seven (7) days in advance addressed to the Assistant Attorney Bureau of Investigation’s Criminal of the meeting. General, Environment and Natural Justice Information Services (CJIS) Dated: March 22, 2018. Resources Division and should refer to Advisory Policy Board (APB). The CJIS Nicky J. Megna, United States v. Magnolia Valley APB is a federal advisory committee CJIS Acting Designated Federal Officer, Plantation, LLC, Magnolia Valley, LLC, established pursuant to the Federal Criminal Justice Information, Services and Magnolia Hills, LLC, D.J. Ref. No. Advisory Committee Act (FACA). This Division, Federal Bureau of Investigation. 90–5–1–1–11410. All comments must be meeting announcement is being [FR Doc. 2018–06724 Filed 4–2–18; 8:45 am] submitted no later than thirty (30) days published as required by Section 10 of BILLING CODE 4410–02–P after the publication date of this notice. the FACA. Comments may be submitted either by DATES: The APB will meet in open email or by mail: session from 8:30 a.m. until 5 p.m., on DEPARTMENT OF JUSTICE June 6–7, 2018. To submit Send them to: ADDRESSES: The meeting will take place Notice of Lodging of Proposed comments: at Sheraton Greensboro Hotel/Joseph S. Consent Decree Under the Clean Water Koury Convention Center, Greensboro, Act By email ...... pubcomment-ees.enrd@ usdoj.gov. NC 27407; telephone 336–292–9161. On March 23, 2018, the Department of By mail ...... Assistant Attorney General, FOR FURTHER INFORMATION CONTACT: Justice lodged a proposed Consent U.S. DOJ–ENRD, Inquiries may be addressed to Ms. Decree with the United States District P.O. Box 7611, Kathleen Oldaker; Management and Court for the Southern District of Washington, DC 20044–7611. Program Analyst; CJIS Training and Georgia in the lawsuit entitled United Advisory Process Unit, Resources States v. Magnolia Valley Plantation, During the public comment period, Management Section; FBI CJIS Division, LLC, Magnolia Valley, LLC, and the Consent Decree may be examined Module C2, 1000 Custer Hollow Road, Magnolia Hills, LLC, Civil Action No. and downloaded at this Justice Clarksburg, West Virginia 26306–0149; 1:18–cv–00055–JRH–BKE. Department website: https:// telephone 304–625–5931. The Consent Decree resolves the www.justice.gov/enrd/consent-decrees. SUPPLEMENTARY INFORMATION: The FBI United States’ claims set forth in the We will provide a paper copy of the CJIS APB is responsible for reviewing complaint against Magnolia Valley Consent Decree upon written request policy issues and appropriate technical Plantation, LLC, Magnolia Valley, LLC, and payment of reproduction costs. and operational issues related to the and Magnolia Hills, LLC (‘‘Defendants’’) Please mail your request and payment programs administered by the FBI’s CJIS for violations of the Clean Water Act to: Consent Decree Library, U.S. DOJ– Division, and thereafter, making (‘‘CWA’’) in connection with (1) ENRD, P.O. Box 7611, Washington, DC appropriate recommendations to the FBI Defendants’ alleged failure to comply 20044–7611. Director. The programs administered by with applicable General Permits issued Please enclose a check or money order the CJIS Division are the Next by the State of Georgia pursuant to CWA for $19.25 (25 cents per page Generation Identification, Interstate Section 402, 42 U.S.C. 1342, and for reproduction cost) payable to the United Identification Index, Law Enforcement Defendants’ alleged discharge of States Treasury. For a paper copy

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without the exhibits and signature 404.7(a)(1)(i). The patent rights in these 202A–4, Moffett Field, CA 94035–1000. pages, the cost is $14.25. inventions have been assigned to the (650) 604–5104; Fax (650) 604–2767. United States of America as represented Henry Friedman, FOR FURTHER INFORMATION CONTACT: by the Administrator of the National Robert M. Padilla, Chief Patent Counsel, Assistant Section Chief, Environmental Aeronautics and Space Administration. Office of Chief Counsel, NASA Ames Enforcement Section, Environment and The prospective exclusive license will Natural Resources Division. Research Center, Mail Stop 202A–4, comply with the requirements of 35 [FR Doc. 2018–06584 Filed 4–2–18; 8:45 am] Moffett Field, CA 94035–1000. (650) U.S.C. 209 and 37 CFR 404.7. 604–5104; Fax (650) 604–2767. BILLING CODE 4410–15–P Information about other NASA Information about other NASA inventions available for licensing can be inventions available for licensing can be found online at http:// found online at https:// NATIONAL AERONAUTICS AND technology.nasa.gov. technology.nasa.gov. SPACE ADMINISTRATION Mark Dvorscak, Mark Dvorscak, [Notice (18–028)] Agency Counsel for Intellectual Property. Agency Counsel for Intellectual Property. Notice of Intent To Grant Exclusive [FR Doc. 2018–06717 Filed 4–2–18; 8:45 am] [FR Doc. 2018–06718 Filed 4–2–18; 8:45 am] BILLING CODE 7510–13–P Term License BILLING CODE 7510–13–P AGENCY: National Aeronautics and Space Administration. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION NUCLEAR REGULATORY ACTION: Notice of intent to grant COMMISSION exclusive patent license. [Notice (18–029)] Advisory Committee on Reactor SUMMARY: NASA hereby gives notice of Notice of Intent To Grant Partially Safeguards (ACRS); Meeting of the its intent to grant an exclusive patent Exclusive License ACRS Subcommittee on Reliability and license in the United States to practice AGENCY: National Aeronautics and Probabilistic Risk Assessment; Notice the invention described and claimed in of Meeting USPN 9,483,674, entitled ‘‘RFID Torque- Space Administration. Sensing Tag System for Fasteners’’, ACTION: Notice of intent to grant The ACRS Subcommittee on MSC–25626–1, to Solon Manufacturing, partially exclusive license. Reliability and Probabilistic Risk Assessment will hold a meeting on Inc., having its principal place of SUMMARY: NASA hereby gives notice of business in Chardon, Ohio. its intent to grant a partially exclusive April 4, 2018 at 11545 Rockville Pike, DATES: The prospective exclusive license in the United States to practice Room T–2B1, Rockville, Maryland license may be granted unless NASA the invention described and claimed in 20852. receives written objections, including a U.S. Patent Application corresponding The meeting will be open to public evidence and argument no later than to NASA Case Number, ARC–17266–1, attendance. The agenda for the subject April 18, 2018 that establish that the entitled ‘‘Atmospheric Pressure Plasma meeting shall be as follows: grant of the license would not be Based Fabrication of Printable Wednesday, April 4, 2018—1:00 p.m. consistent with the requirements Electronics and Functional Coatings’’ to Until 5:00 p.m. regarding the licensing of federally Space Foundry, Inc., having its The Subcommittee will hear owned inventions as set forth in the principal place of business at 1035 Aster presentations by and hold discussions Bayh-Dole Act and implementing Avenue, Unit 1120, Sunnyvale, CA with the NRC staff and other interested regulations. Competing applications 94086. completed and received by NASA no persons on the quantification guidance DATES: The prospective partially later than April 18, 2018 will also be for main control room abandonment exclusive license may be granted unless treated as objections to the grant of the scenarios in fire probabilistic risk NASA receives written objections, contemplated exclusive license. assessments. The Subcommittee will including evidence and argument no Objections submitted in response to this gather information, analyze relevant later than April 18, 2018 that establish notice will not be made available to the issues and facts, and formulate that the grant of the license would not public for inspection and, to the extent proposed positions and actions, as be consistent with the requirements permitted by law, will not be released appropriate, for deliberation by the Full regarding the licensing of federally under the Freedom of Information Act. Committee. owned inventions as set forth in the Members of the public desiring to ADDRESSES: Objections relating to the Bayh-Dole Act and implementing provide oral statements and/or written prospective license may be submitted to regulations. Competing applications comments should notify the Designated Patent Counsel, Office of Chief Counsel, completed and received by NASA no Federal Official (DFO), Christiana Lui MS AL, NASA Johnson Space Center, later April 18, 2018 will also be treated (Telephone 301–415–2492 or Email 2101 NASA Parkway, Houston, TX as objections to the grant of the [email protected]) five days prior 770585. Phone (281) 483–4871. contemplated partially exclusive to the meeting, if possible, so that Facsimile (281) 483–6936. license. Objections submitted in appropriate arrangements can be made. FOR FURTHER INFORMATION CONTACT: Mr. response to this notice will not be made Thirty-five hard copies of each Walter Ugalde, Technology Transfer and available to the public for inspection presentation or handout should be Commercialization Office/XT1, Johnson and, to the extent permitted by law, will provided to the DFO thirty minutes Space Center, Houston, TX 77058, (281) not be released under the Freedom of before the meeting. In addition, one 483–8615. Information Act. electronic copy of each presentation SUPPLEMENTARY INFORMATION: This ADDRESSES: Objections relating to the should be emailed to the DFO one day notice of intent to grant an exclusive prospective license may be submitted to before the meeting. If an electronic copy patent license is issued in accordance Patent Counsel, Office of Chief Counsel, cannot be provided within this with 35 U.S.C. 209(e) and 37 CFR NASA Ames Research Center, Mail Stop timeframe, presenters should provide

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the DFO with a CD containing each (Public); (Contact: Mark Banks: need a reasonable accommodation to presentation at least thirty minutes 301–415–3718). participate in these public meetings, or before the meeting. Electronic This meeting will be webcast live at need this meeting notice or the recordings will be permitted only the Web address—http://www.nrc.gov/. transcript or other information from the during those portions of the meeting public meetings in another format (e.g., that are open to the public. Detailed Week of April 9, 2018—Tentative braille, large print), please notify procedures for the conduct of and Tuesday, April 10, 2018 Kimberly Meyer-Chambers, NRC participation in ACRS meetings were Disability Program Manager, at 301– published in the Federal Register on 10:00 a.m. Briefing on the Annual 287–0739, by videophone at 240–428– October 4, 2017 (82 FR 46312). Threat Environment (Closed Ex. 1). 3217, or by email at Kimberly.Meyer- Detailed meeting agendas and meeting Thursday, April 12, 2018 [email protected]. Determinations on transcripts are available on the NRC requests for reasonable accommodation 9:00 a.m. Briefing on Accident website at http://www.nrc.gov/reading- will be made on a case-by-case basis. Tolerant Fuel (Public); (Contact: rm/doc-collections/acrs. Information Andrew Proffitt: 301–415–1418). * * * * * regarding topics to be discussed, Members of the public may request to changes to the agenda, whether the This meeting will be webcast live at receive this information electronically. meeting has been canceled or the Web address—http://www.nrc.gov/. If you would like to be added to the rescheduled, and the time allotted to Week of April 16, 2018—Tentative distribution, please contact the Nuclear present oral statements can be obtained Regulatory Commission, Office of the from the website cited above or by There are no meetings scheduled for Secretary, Washington, DC 20555 (301– contacting the identified DFO. the week of April 16, 2018. 415–1969), or you may email Moreover, in view of the possibility that Week of April 23, 2018—Tentative [email protected] or the schedule for ACRS meetings may be [email protected]. Tuesday, April 24, 2018 adjusted by the Chairman as necessary Dated: March 30, 2018. to facilitate the conduct of the meeting, 9:00 a.m. Briefing on Advanced Denise L. McGovern, persons planning to attend should check Reactors (Public); (Contact: Policy Coordinator, Office of the Secretary. with these references if such Lucieann Vechioli: 301–415–6035). [FR Doc. 2018–06853 Filed 3–30–18; 4:15 pm] rescheduling would result in a major This meeting will be webcast live at BILLING CODE 7590–01–P inconvenience. the Web address—http://www.nrc.gov/. If attending this meeting, please enter Thursday, April 26, 2018 through the One White Flint North NUCLEAR REGULATORY building, 11555 Rockville Pike, 9:00 a.m. Strategic Programmatic COMMISSION Rockville, Maryland 20852. After Overview of the Fuel Facilities and registering with Security, please contact the Nuclear Materials Users Advisory Committee on Reactor Mr. Theron Brown (Telephone 301– Business Lines (Public Meeting); Safeguards (ACRS); Meeting of the 415–6702) to be escorted to the meeting (Contact: Mahmoud Jardaneh: 301– ACRS Subcommittee on Radiation room. 415–4126 or Soly Soto Lugo: 301– Protection and Nuclear Materials; Dated: March 21, 2018. 415–7528). Notice of Meeting Mark L. Banks, This meeting will be webcast live at The ACRS Subcommittee on Chief, Technical Support Branch, Advisory the Web address—http://www.nrc.gov/. Radiation Protection and Nuclear Committee on Reactor Safeguards. Week of April 30, 2018—Tentative Materials will hold a meeting on April [FR Doc. 2018–06708 Filed 4–2–18; 8:45 am] 4, 2018, at 11545 Rockville Pike, Room There are no meetings scheduled for BILLING CODE 7590–01–P T–2B1, Rockville, Maryland 20852. the week of April 30, 2018. The meeting will be open to public Week of May 7, 2018—Tentative attendance. The agenda for the subject NUCLEAR REGULATORY meeting shall be as follows: COMMISSION Thursday, May 10, 2018 Wednesday, April 4, 2018, 8:30 a.m. [NRC–2018–0001] 10:00 a.m. Briefing on Security Issues until 12:00 p.m. (Closed Ex. 1). Sunshine Act Meeting Notice 2:00 p.m. Briefing on Security Issues The Subcommittee will review the (Closed Ex. 1). draft NUREG–2215, ‘‘Standard Review Plan for Spent Fuel Dry Storage Systems DATE: Weeks of April 2, 9, 16, 23, 30, * * * * * and Facilities’’. The Subcommittee will May 7, 2018. The schedule for Commission hear presentations by and hold PLACE: Commissioners’ Conference meetings is subject to change on short discussions with the NRC staff regarding Room, 11555 Rockville Pike, Rockville, notice. For more information or to verify this matter. The Subcommittee will Maryland. the status of meetings, contact Denise gather information, analyze relevant McGovern at 301–415–0681 or via email STATUS: Public and Closed. issues and facts, and formulate at [email protected]. Week of April 2, 2018 proposed positions and actions, as * * * * * appropriate, for deliberation by the Full Wednesday, April 4, 2018 The NRC Commission Meeting Committee. 10:30 a.m. Discussion of Management Schedule can be found on the internet Members of the public desiring to and Personnel Issues (Closed Ex. 2, at: http://www.nrc.gov/public-involve/ provide oral statements and/or written 6, & 9). public-meetings/schedule.html. comments should notify the Designated * * * * * Federal Official (DFO), Christopher Thursday, April 5, 2018 The NRC provides reasonable Brown (Telephone 301–415–7111 or 10:00 a.m. Meeting with Advisory accommodation to individuals with Email: [email protected]) five Committee on Reactor Safeguards disabilities where appropriate. If you days prior to the meeting, if possible, so

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that appropriate arrangements can be Tuesday, April 10, 2018, at 9:00 a.m. Hearing or Notification of Hearing: An made. Thirty-five hard copies of each 1. Strategic Issues. order granting the requested relief will presentation or handout should be 2. Financial Matters. be issued unless the Commission orders provided to the DFO thirty minutes 3. Personnel and Compensation Items. a hearing. Interested persons may before the meeting. In addition, one 4. Executive Session—Discussion of request a hearing by writing to the electronic copy of each presentation prior agenda items and Temporary Commission’s Secretary and serving should be emailed to the DFO one day Emergency Committee governance. applicants with a copy of the request, before the meeting. If an electronic copy GENERAL COUNSEL CERTIFICATION: The personally or by mail. Hearing requests cannot be provided within this General Counsel of the United States should be received by the Commission timeframe, presenters should provide Postal Service has certified that the by 5:30 p.m. on April 23, 2018 and the DFO with a CD containing each meeting may be closed under the should be accompanied by proof of presentation at least thirty minutes Government in the Sunshine Act. service on the applicants, in the form of before the meeting. Electronic CONTACT PERSON FOR MORE INFORMATION: an affidavit, or, for lawyers, a certificate recordings will be permitted only Julie S. Moore, Secretary of the Board, of service. Pursuant to Rule 0–5 under during those portions of the meeting U.S. Postal Service, 475 L’Enfant Plaza the Act, hearing requests should state that are open to the public. Detailed SW, Washington, DC 20260–1000. the nature of the writer’s interest, any procedures for the conduct of and Telephone: (202) 268–4800. facts bearing upon the desirability of a participation in ACRS meetings were hearing on the matter, the reason for the published in the Federal Register on Julie S. Moore, request, and the issues contested. October 4, 2017 (82 FR 46312). Secretary. Persons who wish to be notified of a Detailed meeting agendas and meeting [FR Doc. 2018–06886 Filed 3–30–18; 4:15 pm] hearing may request notification by transcripts are available on the NRC BILLING CODE 7710–12–P writing to the Commission’s Secretary. website at http://www.nrc.gov/reading- rm/doc-collections/acrs. Information ADDRESSES: Secretary, U.S. Securities regarding topics to be discussed, SECURITIES AND EXCHANGE and Exchange Commission, 100 F Street changes to the agenda, whether the COMMISSION NE, Washington, DC, 20549–1090; meeting has been canceled or Applicants: Aquila Investment [Investment Company Act Release No. Management LLC, 120 West 45th Street, rescheduled, and the time allotted to 33061; File No. 812–14321] present oral statements can be obtained Suite 3600, New York, New York 10036. from the website cited above or by Aquila Funds Trust, et al. FOR FURTHER INFORMATION CONTACT: contacting the identified DFO. March 28, 2018. Barbara T. Heussler, Senior Counsel, at Moreover, in view of the possibility that (202) 551–6990, or Robert H. Shapiro, the schedule for ACRS meetings may be AGENCY: Securities and Exchange Commission (‘‘Commission’’). Branch Chief, at (202) 551–6821 adjusted by the Chairman as necessary (Division of Investment Management, ACTION: Notice. to facilitate the conduct of the meeting, Chief Counsel’s Office). persons planning to attend should check Notice of an application for an order with these references if such SUPPLEMENTARY INFORMATION: The pursuant to: (a) Section 6(c) of the following is a summary of the rescheduling would result in a major Investment Company Act of 1940 inconvenience. application. The complete application (‘‘Act’’) granting an exemption from may be obtained via the Commission’s If attending this meeting, please enter sections 18(f) and 21(b) of the Act; (b) through the One White Flint North website by searching for the file section 12(d)(1)(J) of the Act granting an number, or an applicant using the building, 11555 Rockville Pike, exemption from section 12(d)(1) of the Company name box, at http:// Rockville, Maryland 20852. After Act; (c) sections 6(c) and 17(b) of the www.sec.gov/search/search.htm or by registering with Security, please contact Act granting an exemption from sections calling (202) 551–8090. Theron Brown (Telephone 301–415– 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; 6702) to be escorted to the meeting and (d) section 17(d) of the Act and rule Summary of the Application: room. 17d–1 under the Act to permit certain 1. Applicants request an order that Dated: March 20, 2018. joint arrangements and transactions. would permit the applicants to Mark L. Banks, Applicants request an order that would participate in an interfund lending Chief, Technical Support Branch, Advisory permit certain registered open-end facility where each Fund could lend Committee on Reactor Safeguards. management investment companies to money directly to and borrow money [FR Doc. 2018–06709 Filed 4–2–18; 8:45 am] participate in a joint lending and directly from other Funds to cover borrowing facility. BILLING CODE 7590–01–P unanticipated cash shortfalls, such as Applicants: Aquila Funds Trust unanticipated redemptions or trade (‘‘AFT’’), Aquila Municipal Trust fails.1 The Funds will not borrow under (‘‘AMT’’) and The Cascades Trust the facility for leverage purposes and POSTAL SERVICE (‘‘Cascades’’ and together with AFT and AMT, each a ‘‘Trust’’), each registered 1 Applicants request that the order also apply to Temporary Emergency Committee of under the Act as an open-end any existing or future series of the Trusts and any the Board of Governors; Sunshine Act management investment company, and existing or future registered open-end management Aquila Investment Management LLC investment company or series thereof (each a Meeting ‘‘Fund’’ and collectively the ‘‘Funds’’) for which the (the ‘‘Adviser’’), a registered investment Adviser, or an entity controlling, controlled by, or TIME AND DATE: Tuesday, April 10, 2018, adviser under the Investment Advisers under common control with the Adviser or any at 9:00 a.m. Act of 1940. successor thereto serves as investment adviser (each Filing Dates: The application was such entity included in the term ‘‘Adviser’’). For PLACE: Washington, DC. filed on June 9, 2014 and amended on purposes of the requested order, ‘‘successor’’ is STATUS: Closed. limited to any entity that results from a September 26, 2017, January 30, 2018, reorganization into another jurisdiction or a change MATTERS TO BE CONSIDERED: and March 21, 2018. in the type of a business organization.

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the loans’ duration will be no more than participating Funds and each Fund proposed is consistent with the 7 days.2 would have an equal opportunity to provisions, policies and purposes of the 2. Applicants anticipate that the borrow and lend on equal terms based Act and the extent to which such proposed facility would provide a on an interest rate formula that is participation is on a basis different from borrowing Fund with a source of objective and verifiable. With respect to or less advantageous than that of the liquidity at a rate lower than the bank the relief from section 17(a)(2) of the other participants. borrowing rate at times when the cash Act, applicants note that any collateral For the Commission, by the Division of position of the Fund is insufficient to pledged to secure an interfund loan Investment Management, under delegated meet temporary cash requirements. In would be subject to the same conditions authority. addition, Funds making short-term cash imposed by any other lender to a Fund Robert Errett, loans directly to other Funds would that imposes conditions on the quality Deputy Secretary. earn interest at a rate higher than they of or access to collateral for a borrowing [FR Doc. 2018–06661 Filed 4–2–18; 8:45 am] otherwise could obtain from investing (if the lender is another Fund) or the BILLING CODE 8011–01–P their cash in repurchase agreements or same or better conditions (in any other certain other short-term money market circumstance).5 instruments. Thus, applicants assert that 5. Applicants also believe that the SECURITIES AND EXCHANGE the facility would benefit both limited relief from section 18(f)(1) of the COMMISSION borrowing and lending Funds. Act that is necessary to implement the 3. Applicants agree that any order facility (because the lending Funds are [Release No. 34–82960; File No. SR–ICC– granting the requested relief will be not banks) is appropriate in light of the 2018–002] subject to the terms and conditions conditions and safeguards described in Self-Regulatory Organizations; ICE stated in the application. Among others, the application and because the Funds Clear Credit LLC; Order Approving the Adviser, through a designated would remain subject to the Proposed Rule Change Relating to committee, would administer the requirement of section 18(f)(1) that all ICC’s End-of-Day Price Discovery facility as a disinterested fiduciary as borrowings of a Fund, including Policies and Procedures part of its duties under the investment combined interfund loans and bank management agreements with the Funds borrowings, have at least 300% asset March 28, 2018. and would receive no additional fee as coverage. compensation for its services in 6. Section 6(c) of the Act permits the I. Introduction connection with the administration of Commission to exempt any persons or On January 26, 2018, ICE Clear Credit the facility. The facility would be transactions from any provision of the LLC (‘‘ICC’’) filed with the Securities subject to oversight and certain Act if such exemption is necessary or and Exchange Commission approvals by the Funds’ Board, appropriate in the public interest and (‘‘Commission’’), pursuant to Section including, among others, approval of the consistent with the protection of 19(b)(1) of the Securities Exchange Act interest rate formula and of the method investors and the purposes fairly of 1934 (‘‘Act’’),1 a proposed rule for allocating loans across Funds, as intended by the policy and provisions of change (SR–ICC–2018–002) to revise its well as review of the process in place to the Act. Section 12(d)(1)(J) of the Act End-of-Day Price Discovery Policies and evaluate the liquidity implications for provides that the Commission may Procedures (‘‘Pricing Policy’’) with the Funds. A Fund’s aggregate exempt any person, security, or respect to the bid-offer width (‘‘BOW’’) outstanding interfund loans will not transaction, or any class or classes of methodology applicable to single-name exceed 15% of its net assets, and the persons, securities, or transactions, from (‘‘SN’’) instruments. The proposed rule Fund’s loans to any one Fund will not any provision of section 12(d)(1) if the change was published for comment in exceed 5% of the lending Fund’s net exemption is consistent with the public the Federal Register on February 12, assets.3 interest and the protection of investors. 2018.2 The Commission did not receive 4. Applicants assert that the facility Section 17(b) of the Act authorizes the comments on the proposed rule change. does not raise the concerns underlying Commission to grant an order For the reasons discussed below, the section 12(d)(1) of the Act given that the permitting a transaction otherwise Commission is approving the proposed Funds are part of the same group of prohibited by section 17(a) if it finds rule change.3 investment companies and there will be that (a) the terms of the proposed II. Description of the Proposed Rule no duplicative costs or fees to the transaction are fair and reasonable and Change Funds.4 Applicants also assert that the do not involve overreaching on the part proposed transactions do not raise the of any person concerned; (b) the ICC proposes to revise its Pricing concerns underlying sections 17(a)(1), proposed transaction is consistent with Policy to amend the methodology used 17(a)(3), 17(d) and 21(b) of the Act as the policies of each registered to calculate end-of-day BOWs for its SN the Funds would not engage in lending investment company involved; and (c) instruments. As part of its end-of-day transactions that unfairly benefit the proposed transaction is consistent pricing process, ICC calculates a BOW insiders or are detrimental to the Funds. with the general purposes of the Act. for each clearing-eligible instrument. Applicants state that the facility will Rule 17d–1(b) under the Act provides These BOWs are then used as an input offer both reduced borrowing costs and that in passing upon an application filed in determining end-of-day levels, which enhanced returns on loaned funds to all under the rule, the Commission will are used for mark-to-market and risk consider whether the participation of 2 Any Fund, however, will be able to call a loan the registered investment company in a 1 15 U.S.C. 78s(b)(1). on one business day’s notice. joint enterprise, joint arrangement or 2 Securities Exchange Act Release No. 34–82641 3 Under certain circumstances, a borrowing Fund (February 6, 2018), 83 FR 6078 (February 12, 2016) will be required to pledge collateral to secure the profit sharing plan on the basis (SR–ICC–2018–002) (‘‘Notice’’). loan. 3 Capitalized terms used herein but not otherwise 4 Applicants state that the obligation to repay an 5 Applicants state that any pledge of securities to defined have the meaning set forth in the ICC interfund loan could be deemed to constitute a secure an interfund loan could constitute a rulebook, which is available at https:// security for the purposes of sections 17(a)(1) and purchase of securities for purposes of section www.theice.com/publicdocs/clear_credit/ICE_ 12(d)(1) of the Act. 17(a)(2) of the Act. Clear_Credit_Rules.pdf, or in the Pricing Policy.

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management purposes, including distressed SN instruments.9 In addition, the responsibility of ensuring that calculation of certain margin ICC proposes to extend the application appropriate end-of-day levels are requirements, and for firm trade of the price-based BOW floors from the determined, and to clarify that the determinations.4 ICC’s current approach 0/3-month, 6-month, and 1-year parameters used in the end-of-day to calculating a BOW for SN benchmark tenors to cover the entire set pricing process are to be established by instruments starts by calculating a of benchmark tenors from 0 month to 10 the Risk Management Department in ‘‘Consensus BOW,’’ which is a spread- years.10 consultation with the Trading Advisory based BOW derived from intraday Under the proposed enhancements, Committee.17 ICC also proposes quotes (taken from trader emails) for the ICC would continue to apply certain revisions to the Governance section that most actively traded instrument for a scaling factors, other than the scrape would provide that the Trading given SN instrument. Once the factor, to the Consensus BOW. Advisory Committee would review and Consensus BOW has been determined, Specifically, ICC would apply a tenor provide input regarding revisions to the 18 ICC applies a ‘‘scrape factor’’ to the scaling factor to the Consensus BOW for BOW price-based floors. each benchmark instrument at the most Finally, ICC proposes certain Consensus BOW to capture differences actively traded coupon.11 For clarifying edits. Specifically, ICC between BOWs provided in intraday benchmark instruments at other proposes to remove references to scrape quotes taken from trader emails and coupons, ICC would apply a factors, and to remove the requirement BOWs achieved in the market. combination of tenor and coupon that the Trading Advisory Committee Thereafter, ICC applies additional scaling factors. The coupon and tenor review scrape factors, as the scrape scaling factors to capture differences in scaling factors would be determined by factors, which are applied to the instrument liquidity for longer and the ICC Risk Management Department Consensus BOW under ICC’s current shorter maturities, and for higher and in consultation with the Trading approach to account for differences 5 lower coupons. Scaling across Advisory Committee.12 Once the between BOWs obtained from intraday maturities is performed in spread terms, applicable scaling factor or factors have quotes taken from trader emails and while scaling across coupons is been applied, ICC would then apply a those achieved in the market, would no performed in price terms.6 ICC uses the Single Name Variability Factor, with the longer be applicable under the proposed ISDA Standard Model for the resulting BOW being deemed the changes as the Consensus BOW under transformations from spread to price.7 ‘‘systematic BOW.’’ 13 the proposed amendments would not Under the proposed revisions, ICC ICC also proposes to introduce a new rely on such intraday quotes.19 Other would still start its calculation of end- component to its Pricing Policy: The clarifying edits include the addition of of-day BOWs for SN instruments by ‘‘dynamic BOW,’’ which would be the a footnote to the Pricing Policy calculating a Consensus BOW, but it dispersion of price-space mid-levels describing ICC’s use of the ISDA would change the calculation of the submitted as part of its end-of-day price Standard Model, the removal of Consensus BOW from being based on discovery process.14 As the last step of outdated references, correcting certain intraday quotes taken from trader emails its process, ICC would compare the typographical errors, and updates to to being computed as (i) a price-based systematic BOW with the dynamic BOW section numbering, as well as certain floor, plus (ii) a relative BOW that is and would select the greater of the two other minor edits as described in greater 20 multiplied by the average of price-space as the end-of-day BOW for a given SN detail in the Notice. 15 mid-levels submitted by Clearing instrument. In addition to the proposed changes III. Discussion and Commission Participants through the end-of-day regarding the computation of the end-of- Findings price discovery process.8 day BOW for SN instruments, ICC also Section 19(b)(2)(C) of the Act directs The relative BOW would be proposes changes to the Governance the Commission to approve a proposed determined by ICC’s Risk Management section of its Pricing Policy. rule change of a self-regulatory Department in consultation with ICC’s Specifically, ICC proposes to amend the organization if it finds that such Trade Advisory Committee, and would Governance section to provide that the proposed rule change is consistent with be designed to reflect observed responsibilities of the ICC Risk the requirements of the Act and the variability in SN instrument levels for Management Department include rules and regulations thereunder the most actively traded instruments. determining the price-based floors, applicable to such organization.21 For The price-based floor would reflect relative BOWs, and tenor and coupon the reasons given below, the BOWs established for index products scaling factors used as inputs into the Commission finds that the proposed representing baskets of the most BOW determination.16 ICC also rule change is consistent with Section proposes to amend language in the 17A(b)(3)(F) of the Act,22 and Rules 23 4 Notice, 83 FR at 6078. According to ICC, to Governance section to provide that the 17Ad–22(b)(2) and (d)(8) thereunder. encourage Clearing Participants to provide the best ICC Risk Management Department has possible EOD submissions, ICC selects a sub-set of A. Consistency With Section the potential-trades generated by the cross-and-lock 17A(b)(3)(F) of the Act 9 algorithm and designates them as firm-trades, Id. at 6079. In addition, because ICC accepts SN which Clearing Participants are entered into as instrument submissions from Clearing Participants Section 17A(b)(3)(F) of the Act cleared transactions. See Notice of Filing of only in price terms under the Pricing Policy, rather requires, among other things, that the Proposed Rule Change to Revise ICC End-of-Day than in both spread and price terms, the need for rules of a registered clearing agency be Price Discovery Policies and Procedures, Securities spread-based BOWs would be eliminated, as would the need to use the ISDA Standard Model to achieve designed to promote the prompt and Exchange Act Release No. 34–77771 (May 5, 2016), accurate clearance and settlement of 81 FR 29309, 29310 (May 11, 2016) (SR–ICC–2016– the transformations from spread to price during the 007). scaling process. See id. at 6078. 10 5 Id. Id. at 6078. 17 Id. 11 6 Id. Id. at 6079. 18 Id. 12 7 Id. Id. 19 Id. 13 20 8 Id. at 6079. ICC would no longer apply a scrape Id. Id. factor to the Consensus BOW as the determination 14 Id. 21 15 U.S.C. 78s(b)(2)(C). of Consensus BOWs would no longer rely on 15 Id. 22 15 U.S.C. 78q–1(b)(3)(F). ‘‘scraped’’ intraday quotes. Id. at 6078. 16 Id. 23 17 CFR 240.17Ad–22(b)(2) and (d)(8).

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securities transactions and, to the extent rule change is consistent with the improvements to the governance applicable, derivative agreements, requirements of Section 17A(b)(3)(F) of structure of the end-of-day pricing contracts and transactions, and to assure the Act.26 process will have the effect of the safeguarding of securities and funds promoting greater effectiveness of ICC’s B. Consistency With Rule 17Ad–22(b)(2) which are in the custody or control of risk management procedures overall. the clearing agency or for which it is Rule 17Ad–22(b)(2) requires, in Therefore, the Commission finds that responsible.24 As discussed above, the relevant part, a registered clearing the proposed rule change is consistent proposed rule change would enhance agency that performs central with the requirements of Rule 17Ad– ICC’s end-of-day price discovery process counterparty services to establish 22(d)(8).30 for SN instruments in a number of ways, implement, maintain, and enforce including but not limited to written policies and procedures IV. Conclusion incorporating a price-based floor which reasonably designed to use margin On the basis of the foregoing, the would be applied to a wider range of requirements to limit its credit Commission finds that the proposed instruments, adopting a new dynamic exposures to participants under normal rule change is consistent with the BOW component, and taking into market conditions. As noted above, ICC requirements of the Act, and in consideration the dispersion of price- uses the end-of-day BOWs as part of its particular with the requirements of mark-to-market and risk management space mid-levels received from Clearing Section 17A of the Act 31 and Rules Participants, all while continuing to purposes, including the computation of 17Ad–22(b)(2) and (d)(8) 32 thereunder. apply scaling tenor, coupon, and certain margin requirements.27 variability scaling factors. The Commission believes that by It is therefore ordered pursuant to Taken as a whole, the Commission improving the end-of-day pricing Section 19(b)(2) of the Act 33 that the believes the proposed changes should process, as described above, ICC will proposed rule change (SR–ICC–2018– enhance ICC’s ability to determine the also improve its ability to calculate 002) be, and hereby is, approved.34 end-of-day BOW for SN instruments. margin requirements that use the end- For the Commission, by the Division of First, the proposed changes should of-day BOWs as an input. Consequently, Trading and Markets, pursuant to delegated permit ICC to determine BOWs an improved margin calculation should authority.35 consistently across SN instruments on lead to the collection of margin levels Jill Peterson, all reference entities, including those for that enhance ICC’s ability to limit its Assistant Secretary. which only sparse intraday data is credit exposures to participants under [FR Doc. 2018–06691 Filed 4–2–18; 8:45 am] available.25 In addition, by extending normal market conditions. As a result, the application of the price-based BOW the Commission finds that the proposed BILLING CODE 8011–01–P floor component to the entire set of rule change is consistent with the benchmark tenors from the 0 month to requirements of Rule 17Ad–22(b)(2).28 SECURITIES AND EXCHANGE 10 years instead of solely the 0⁄3 month, 6 month, and 1-year benchmark tenors, C. Consistency With Rule 17Ad–22(d)(8) COMMISSION the Commission believes that ICC will Rule 17Ad–22(d)(8) requires, in be able to more consistently compute relevant part, that a registered clearing [Release 34–82961; File No. SR–ISE–2018– the end-of-day BOW for a wider range agency that is not a covered clearing 21] of SN instruments. agency to establish, implement, Consequently, the Commission maintain, and enforce written policies Self-Regulatory Organizations; Nasdaq believes that the proposed changes will and procedures reasonably designed to, ISE, LLC; Notice of Filing and improve ICC’s end-of-day pricing as applicable, have governance Immediate Effectiveness of a Proposed process as a whole as additional arrangements that promote the Rule Change To Extend the Delay for relevant information will be taken into effectiveness of the clearing agency’s Re-Introduction of Legging consideration and a wider range of risk management procedures.29 ICC Functionality for Stock-Option Orders instruments will be considered in the proposed to amend the Governance on INET by an Additional Year pricing process. Based on these section of its Pricing policy to clarify the March 28, 2018. improvements, the Commission believes responsibilities of the ICC Risk that ICC’s risk management processes Management Department and the Pursuant to Section 19(b)(1) of the related to the end-of-day pricing Trading Advisory Committee with Securities Exchange Act of 1934 process, including the calculation and respect to the determination of price- (‘‘Act’’),1 and Rule 19b–4 thereunder,2 collection of certain margin based floors, relative BOWs, and scaling notice is hereby given that on March 16, requirements, will also be improved, factors. By updating the Governance 2018, Nasdaq ISE, LLC (‘‘ISE’’ or resulting in an improved ability to section of the Pricing Policy to delineate ‘‘Exchange’’) filed with the Securities safeguard the positions that ICC the roles of the ICC Risk Management and Exchange Commission maintains from the default of a Clearing Department and the Trading Advisory (‘‘Commission’’) the proposed rule Participant. As a result, the Commission Committee, the Commission believes change as described in Items I and II, believes that the proposed changes will that ICC will improve the governance below, which Items have been prepared promote the prompt and accurate structure surrounding the end-of-day clearance and settlement of the products pricing process. 30 Id. cleared by ICC, and will enhance ICC’s Because the output of the end-of-day 31 15 U.S.C. 78q–1. ability to assure the safeguarding of pricing process is used for mark-to- 32 17 CFR 240.17Ad–22(b)(2) and (d)(8). 33 securities and funds which are in the market and risk management purposes, 15 U.S.C. 78s(b)(2). custody or control of ICC or for which 34 In approving the proposed rule change, the the Commission believes that Commission considered the proposal’s impact on it is responsible. Therefore, the efficiency, competition, and capital formation. 15 Commission finds that the proposed 26 Id. U.S.C. 78c(f). 27 17 CFR 240.17Ad–22(b)(2). 35 17 CFR 200.30–3(a)(12). 24 15 U.S.C. 78q–1(b)(3)(F). 28 Id. 1 15 U.S.C. 78s(b)(1). 25 Notice, 83 FR at 6078. 29 17 CFR 240.17Ad–22(d)(8). 2 17 CFR 240.19b–4.

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by the Exchange. The Commission is Stock-Option Orders executed on the of the delayed implementation of publishing this notice to solicit Exchange. legging functionality for Stock-Option comments on the proposed rule change When the Exchange initially delayed Orders, and therefore the Exchange does from interested persons. legging functionality for Stock-Option not believe that extending the delay will Orders, the Exchange noted that it have a significant impact on market I. Self-Regulatory Organization’s would re-introduce legging for Stock- participants. This functionality will be Statement of the Terms of Substance of Option Orders within one year from the available on or before March 21, 2019. the Proposed Rule Change date of that filing. The Exchange filed Furthermore, the other proposed The Exchange proposes to extend the the initial rule change on March 21, changes merely update this rule to delay for re-introduction of legging 2017, and the additional one year delay reflect the fact that all symbols listed by functionality for Stock-Option Orders would therefore extend the ISE are currently traded on the INET on INET by an additional year. implementation timeline for this platform. The text of the proposed rule change functionality to March 21, 2019. The is available on the Exchange’s website at extended delay would provide the B. Self-Regulatory Organization’s http://ise.cchwallstreet.com/, at the Exchange additional time to develop Statement on Burden on Competition principal office of the Exchange, and at and test this functionality on INET. The The Exchange does not believe that the Commission’s Public Reference Exchange will issue an Options Trader the proposed rule change will impose Room. Alert notifying Members when this any burden on competition not II. Self-Regulatory Organization’s functionality will be available. necessary or appropriate in furtherance Statement of the Purpose of, and Furthermore, in connection with this of the purposes of the Act. Specifically, Statutory Basis for, the Proposed Rule change, the Exchange also proposes to the Exchange does not believe that the Change amend Rule 722 to remove language proposed one year delay will impose about the migration of symbols to INET any significant burden on intra-market In its filing with the Commission, the as this migration has been completed competition because legging for Stock- Exchange included statements and all symbols listed by the Exchange Option Orders will be uniformly concerning the purpose of and basis for are currently trading on the INET delayed for all Members. Similarly, the the proposed rule change and discussed platform. Exchange does not believe that the any comments it received on the proposed delay will impose any proposed rule change. The text of these 2. Statutory Basis significant burden on inter-market statements may be examined at the The Exchange believes that the competition as it does not impact the places specified in Item IV below. The proposed rule change is consistent with ability of other markets to offer or not Exchange has prepared summaries, set Section 6(b) of the Act,4 in general, and offer competing functionality. The forth in sections A, B, and C below, of furthers the objectives of Section 6(b)(5) Exchange believes that providing an the most significant aspects of such of the Act,5 in particular, in that it is additional year to develop and test this statements. designed to promote just and equitable functionality will be beneficial to A. Self-Regulatory Organization’s principles of trade, to remove members. Statement of the Purpose of, and impediments to and perfect the mechanism of a free and open market C. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule and a national market system, and, in Statement on Comments on the Change general to protect investors and the Proposed Rule Change Received From 1. Purpose public interest. In particular, the Members, Participants, or Others The purpose of the proposed rule Exchange believes that the proposed No written comments were either change is to extend the delay for re- rule change is consistent with the solicited or received. introduction of legging functionality for protection of investors and the public III. Date of Effectiveness of the Stock-Option Orders on INET by an interest as it would provide additional Proposed Rule Change and Timing for additional year. With the recent re- time to develop and test legging Commission Action functionality for Stock-Option Orders platform of the Exchange’s trading Because the foregoing proposed rule system to INET, the Exchange delayed on INET. Although the Exchange is now fully operating on the INET platform, change does not: (i) Significantly affect the re-introduction of legging the protection of investors or the public functionality for Stock-Option Orders.3 additional time is necessary to re- implement this functionality to ensure a interest; (ii) impose any significant As such, Stock-Option Orders entered burden on competition; and (iii) become on the Exchange today are not quality experience for Members. Members are already aware that this operative for 30 days from the date on automatically executed against bids and which it was filed, or such shorter time offers on the Exchange for the functionality has been delayed, and the Exchange will provide Members notice as the Commission may designate, it has individual legs pursuant to Rule become effective pursuant to Section 722(b)(3)(ii)–(iii) and Supplementary of the date when the functionality will 6 be available. While the Exchange is 19(b)(3)(A)(iii) of the Act and Material .02 to Rule 722. The Exchange subparagraph (f)(6) of Rule 19b–4 proposes to extend the delay of proposing to extend the delay of legging 7 functionality for these Stock-Option thereunder. implementation of legging functionality A proposed rule change filed under Orders, Members can continue to for Stock-Option Orders by an Rule 19b–4(f)(6) normally does not additional year. Stock-Option Orders submit these orders to the Exchange where they can be executed against will continue to execute against other 6 15 U.S.C. 78s(b)(3)(A)(iii). Stock-Option Orders in the complex other Stock-Option Orders on the 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– order book, thereby providing an complex order book. No Members have 4(f)(6) requires a self-regulatory organization to give opportunity for Members to have their notified the Exchange of significant the Commission written notice of its intent to file impact on execution quality as a result the proposed rule change at least five business days prior to the date of filing of the proposed rule 3 See Securities Exchange Act Release No. 80316 change, or such shorter time as designated by the (March 27, 2017) 82 FR 16084 (March 31, 2017) 4 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this (SR–ISE–2017–28). 5 15 U.S.C. 78f(b)(5). requirement.

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become operative for 30 days after the Electronic Comments SECURITIES AND EXCHANGE date of the filing. However, Rule 19b– • COMMISSION 4(f)(6)(iii) 8 permits the Commission to Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–82959; File No. SR–BOX– designate a shorter time if such action 2018–06] is consistent with the protection of rules/sro.shtml); or investors and the public interest. In its • Send an email to rule-comments@ Self-Regulatory Organizations; BOX filing, ISE requests that the Commission sec.gov. Please include File Number SR– Options Exchange LLC; Order waive the 30-day operative delay to ISE–2018–21 on the subject line. Approving a Proposed Rule Change To allow the proposed one-year extension Adopt IM–8040–3 To Exchange Rule Paper Comments of the time for re-introducing the legging 8040 to Permit Directed Orders To Be functionality for Stock-Option Orders to • Send paper comments in triplicate Submitted With an Auction Only begin at the conclusion of the current to Secretary, Securities and Exchange Designation delay period, which was scheduled to Commission, 100 F Street NE, March 28, 2018. end on March 21, 2018. As noted above, Washington, DC 20549–1090. ISE states that extending the delay for I. Introduction All submissions should refer to File re-introducing the legging functionality On February 5, 2018, BOX Options Number SR–ISE–2018–21. This file for Stock-Option Orders will provide Exchange LLC (‘‘BOX’’ or ‘‘Exchange’’) ISE with additional time to develop and number should be included on the filed with the Securities and Exchange test the legging functionality on INET. subject line if email is used. To help the Commission (‘‘Commission’’) pursuant ISE further states that no Members have Commission process and review your to Section 19(b)(1) of the Securities notified ISE of a significant impact on comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’) 1 and Rule execution quality as a result of the only one method. The Commission will 19b–4 thereunder,2 a proposed rule delayed implementation of the legging post all comments on the Commission’s change to adopt IM–8040–3 to Exchange functionality for Stock-Option Orders internet website (http://www.sec.gov/ Rule 8040 to permit Directed Orders 3 to and, accordingly, the Exchange does not rules/sro.shtml). Copies of the be submitted with an Auction Only believe that extending the delay will submission, all subsequent designation. The proposed rule change have a significant impact on market amendments, all written statements was published for comment in the participants. The Commission believes with respect to the proposed rule Federal Register on February 16, 2018.4 that waiving the operative delay is change that are filed with the The Commission received no comment consistent with the protection of Commission, and all written letters on the proposed rule change. investors and the public interest communications relating to the This order approves the proposed rule because it will provide ISE with proposed rule change between the change. additional time to develop and test the Commission and any person, other than II. Description of the Proposed Rule legging functionality for Stock-Option those that may be withheld from the Change Orders. Accordingly, the Commission public in accordance with the The Exchange proposes to adopt IM– waives the 30-day operative delay and provisions of 5 U.S.C. 552, will be 8040–3 to Exchange Rule 8040 to allow designates the proposed rule change available for website viewing and Options Participants 5 to apply a new operative upon filing.9 printing in the Commission’s Public optional Auction Only designation to At any time within 60 days of the Reference Room, 100 F Street NE, Directed Orders. A Directed Order with filing of the proposed rule change, the Washington, DC 20549, on official an Auction Only designation will be Commission summarily may business days between the hours of cancelled if it is not entered into the temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the Price Improvement Period (‘‘PIP’’) 6 by it appears to the Commission that such filing also will be available for the Executing Participant (‘‘EP’’).7 action is: (i) Necessary or appropriate in inspection and copying at the principal Market Makers 8 may receive and the public interest; (ii) for the protection office of the Exchange. All comments handle Directed Orders on an agency of investors; or (iii) otherwise in received will be posted without change. furtherance of the purposes of the Act. Persons submitting comments are 1 15 U.S.C. 78s(b)(1). If the Commission takes such action, the cautioned that we do not redact or edit 2 17 CFR 240.19b–4. 3 personal identifying information from The term ‘‘Directed Order’’ means any Customer Commission shall institute proceedings Order to buy or sell contracts on a single option to determine whether the proposed rule comment submissions. You should series that has been directed to a particular market should be approved or disapproved. submit only information that you wish maker by an Order Flow Provider (‘‘OFP’’). See to make available publicly. All Exchange Rule 100(a)(19). IV. Solicitation of Comments 4 See Securities Exchange Act Release No. 82690 submissions should refer to File (February 12, 2018), 83 FR 7084 (‘‘Notice’’). Interested persons are invited to Number SR–ISE–2018–21, and should 5 The term ‘‘Options Participant’’ or ‘‘Participant’’ submit written data, views, and be submitted on or before April 24, means a firm, or organization that is registered with 2018. the Exchange pursuant to the BOX Rule 2000 Series arguments concerning the foregoing, for purposes of participating in options trading on including whether the proposed rule For the Commission, by the Division of BOX as an OFP or Market Maker. See Exchange change is consistent with the Act. Trading and Markets, pursuant to delegated Rule 100(a)(41). Comments may be submitted by any of authority.10 6 See Exchange Rule 7150. the following methods: 7 An Executing Participant (‘‘EP’’) is a market Jill Peterson, maker that desires to accept Directed Orders. See Assistant Secretary. Notice, supra note 4, at 7085 n.4. 8 17 CFR 240.19b–4(f)(6)(iii). 8 [FR Doc. 2018–06692 Filed 4–2–18; 8:45 am] The term ‘‘Market Maker’’ means an Options 9 For purposes only of waiving the 30-day Participant registered with the Exchange for the operative delay, the Commission has also BILLING CODE 8011–01–P purpose of making markets in options contracts considered the proposed rule’s impact on traded on the Exchange and that is vested with the efficiency, competition, and capital formation. See rights and responsibilities specified in the BOX 15 U.S.C. 78c(f). 10 17 CFR 200.30–3(a)(12) and (59). Rule 8000 Series. All Market Makers are designated

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basis, in accordance with the III. Discussion and Commission’s IV. Conclusion procedures set forth in Exchange Rule Findings It is therefore ordered, pursuant to 8040(d). Upon receipt of a Directed Section 19(b)(2) of the Act,26 that the Order from an OFP,9 an EP must either After careful review, the Commission finds that the proposed rule change is proposed rule change (SR–BOX–2018– submit the Directed Order to the PIP, or 06) be, and hereby is, approved. send the Directed Order to the BOX consistent with the requirements of the Book.10 In addition, the BOX Trading Act and the rules and regulations For the Commission, by the Division of Host will send the Directed Order to the thereunder applicable to a national Trading and Markets, pursuant to delegated 19 27 BOX Book: (i) If the EP has not taken securities exchange. In particular, the authority. action within one second of receipt of Commission finds that the proposed Jill Peterson, a Directed Order; 11 (ii) if the Market rule change is consistent with Section Assistant Secretary. 20 Maker that the order is directed to has 6(b)(5) of the Act, which requires, [FR Doc. 2018–06690 Filed 4–2–18; 8:45 am] not systematically indicated that it is an among other things, that the rules of a BILLING CODE 8011–01–P EP; 12 (iii) upon receipt of a subsequent national securities exchange be Directed Order for the same EP for the designed to promote just and equitable same series and side of the market if a principles of trade, to foster cooperation SMALL BUSINESS ADMINISTRATION Guaranteed Directed Order (‘‘GDO’’) 13 and coordination with persons engaged has been automatically generated and is in regulating transactions in securities, [Disaster Declaration #15460 and #15461; 14 to remove impediments to and perfect PENNSYLVANIA Disaster Number PA– pending; or (iv) if a Directed Order is 00083] modified once the BOX Trading Host the mechanism of a free and open has established a GDO.15 market and a national market system Administrative Declaration of a As noted above, BOX proposes that if and, in general, to protect investors and Disaster for the Commonwealth of a Directed Order with an Auction Only the public interest, and not be designed Pennsylvania designation would be sent to the BOX to permit unfair discrimination between Book for any reason, it will instead be customers, issuers, brokers, or dealers. AGENCY: U.S. Small Business cancelled back to the OFP that The Commission also finds that the Administration. submitted the Directed Order.16 The proposed rule change is consistent with ACTION: Notice. Exchange notes that, under the Section 6(b)(8) of the Act,21 which proposal, the Auction Only designation requires that the rules of an exchange SUMMARY: This is a notice of an will be automatically applied by the not impose any burden on competition Administrative declaration of a disaster system, and the designation will not be that is not necessary or appropriate in for the Commonwealth of Pennsylvania disclosed to the EP.17 furtherance of the purposes of the Act. dated 03/27/2018. The Exchange represents that it will The Commission believes that the Incident: Severe Storms and provide at least two weeks’ notice to Auction Only designation will provide Tornadoes. Participants via Circular prior to the OFPs with greater control over how Incident Period: 02/15/2018 through launch of the proposed change, which their Directed Orders are handled by the 02/17/2018. the Exchange anticipates will be during EP, as OFPs will have certainty that DATES: Issued on 03/27/2018. the second quarter of 2018.18 their Directed Orders with the Auction Physical Loan Application Deadline Only designation will either be executed Date: 05/29/2018. as specialists on the Exchange for all purposes in the PIP or cancelled.22 In addition, Economic Injury (EIDL) Loan under the Act or Rules thereunder. See Exchange Rule 100(a)(31). should the Directed Order be entered Application Deadline Date: 12/27/2018. 9 An OFP is an Options Participant representing into the PIP, the Directed Order will ADDRESSES: Submit completed loan as agent Customer Orders on the Exchange or a non- receive the opportunity for price applications to: U.S. Small Business Market Maker Participant conducting proprietary improvement.23 Moreover, the Administration, Processing and trading. See Exchange Rule 100(a)(46). Commission notes that an EP will not be 10 See Exchange Rule 8040(d)(3). Disbursement Center, 14925 Kingsport 11 See Exchange Rule 8040(d)(4). notified whether a Directed Order was Road, Fort Worth, TX 76155. 12 See Exchange Rule 8040(d)(1). submitted with the Auction Only FOR FURTHER INFORMATION CONTACT: A. 24 13 If a Directed Order is executable against the designation, and current restrictions Escobar, Office of Disaster Assistance, current national best bid or offer (‘‘NBBO’’) and the on an EP’s behavior with respect to U.S. Small Business Administration, EP is also quoting at such NBBO on the opposite Directed Orders will continue to 409 3rd Street SW, Suite 6050, side of the Directed Order, then the Trading Host 25 will immediately upon receipt of the Directed Order apply. Accordingly, the Commission Washington, DC 20416, (202) 205–6734. take down the EP’s quote and guarantee the EP’s believes that the Exchange’s proposal is SUPPLEMENTARY INFORMATION: Notice is execution of the Directed Order for at least the price consistent with the Act. and size of the EP’s quote. This guarantee is the hereby given that as a result of the GDO, and the EP’s quote will not be reestablished Administrator’s disaster declaration, 19 until the Directed Order has been processed In approving this proposed rule change, the applications for disaster loans may be pursuant to Exchange Rule 8040(d). See Exchange Commission has considered the proposed rule’s Rule 8040(d)(2)(i). impact on efficiency, competition, and capital filed at the address listed above or other 14 See Exchange Rule 8040(d)(2)(ii). formation. See 15 U.S.C. 78c(f). locally announced locations. 15 See Exchange Rule 8040(d)(5). 20 15 U.S.C. 78f(b)(5). The following areas have been 16 The Exchange notes that interest on the BOX 21 15 U.S.C. 78f(b)(8). determined to be adversely affected by Book may still interact with a Directed Order that 22 The Exchange notes that, pursuant to Exchange the disaster: has an Auction Only designation via the PIP Rule 7150(f), a customer order that is submitted to allocation. See Exchange Rule 7150(g). the PIP must be submitted with a matching contra Primary Counties: Fayette 17 The Exchange notes that existing restrictions on side order equal to the full size of the customer Contiguous Counties: an EP’s behavior will continue to apply. order and as such, the order is guaranteed to be Pennsylvania: Greene, Somerset, Specifically, an EP shall not submit to the Exchange fully executed. See Notice, supra note 4, at 7085 Washington, Westmoreland a contra order to the Directed Order for its n.13. proprietary account during the one second 23 See Exchange Rule 7150. Maryland: Garrett following submission of the Directed Order to the 24 See proposed IM–8040–3 to Exchange Rule Exchange. See Exchange Rule 8040(d)(6)(i). 8040. 26 15 U.S.C. 78s(b)(2). 18 See Notice, supra note 4, at 7085. 25 See supra note 17. 27 17 CFR 200.30–3(a)(12).

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West Virginia: Monongalia, Preston by the constitution or laws of the given Percent State. The Interest Rates are: Non-Profit Organizations with- Dianna L. Seaborn, out Credit Available Else- Percent Director, Office of Financial Assistance. where ...... 2.500 [FR Doc. 2018–06677 Filed 4–2–18; 8:45 am] For Economic Injury: For Physical Damage: BILLING CODE 8025–01–P Businesses & Small Agricultural Homeowners with Credit Avail- Cooperatives without Credit able Elsewhere ...... 3.625 Available Elsewhere ...... 3.385 Homeowners without Credit SMALL BUSINESS ADMINISTRATION Non-Profit Organizations with- Available Elsewhere ...... 1.813 out Credit Available Else- Businesses with Credit Avail- [Disaster Declaration #15466 and #15467; where ...... 2.500 able Elsewhere ...... 7.160 NEW YORK Disaster Number NY–00182] Businesses without Credit The number assigned to this disaster Available Elsewhere ...... 3.580 Administrative Declaration of a for physical damage is 15466 6 and for Non-Profit Organizations with Disaster for the State of NEW YORK economic injury is 15467 0. Credit Available Elsewhere ... 2.500 AGENCY: U.S. Small Business The States which received an EIDL Non-Profit Organizations with- Declaration # are New York, Vermont. out Credit Available Else- Administration. where ...... 2.500 ACTION: Notice. (Catalog of Federal Domestic Assistance For Economic Injury: Number 59008) SUMMARY: This is a notice of an Businesses & Small Agricultural Linda E. McMahon, Cooperatives without Credit Administrative declaration of a disaster Administrator. Available Elsewhere ...... 3.580 for the State of New York dated Non-Profit Organizations with- 03/27/2018. [FR Doc. 2018–06678 Filed 4–2–18; 8:45 am] out Credit Available Else- Incident: Flooding. BILLING CODE 8025–01–P where ...... 2.500 Incident Period: 01/15/2018 through 01/16/2018. DATES: The number assigned to this disaster Issued on 03/27/2018. SOCIAL SECURITY ADMINISTRATION for physical damage is 15460 C and for Physical Loan Application Deadline Date: 05/29/2018. economic injury is 15461 0. [Docket No: SSA–2018–0013] Economic Injury (EIDL) Loan The States which received an EIDL Application Deadline Date: 12/27/2018. Declaration # are Pennsylvania, Agency Information Collection ADDRESSES: Submit completed loan Maryland, West Virginia. Activities: Proposed Request and applications to: U.S. Small Business Comment Request (Catalog of Federal Domestic Assistance Administration, Processing and Number 59008) Disbursement Center, 14925 Kingsport The Social Security Administration (SSA) publishes a list of information Dated: March 27, 2018. Road, Fort Worth, TX 76155. collection packages requiring clearance Linda E. McMahon, FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, by the Office of Management and Administrator. U.S. Small Business Administration, Budget (OMB) in compliance with [FR Doc. 2018–06681 Filed 4–2–18; 8:45 am] 409 3rd Street SW, Suite 6050, Public Law 104–13, the Paperwork BILLING CODE 8025–01–P Washington, DC 20416, (202) 205–6734. Reduction Act of 1995, effective October 1, 1995. This notice includes revisions SUPPLEMENTARY INFORMATION: Notice is of OMB-approved information hereby given that as a result of the SMALL BUSINESS ADMINISTRATION collections. Administrator’s disaster declaration, SSA is soliciting comments on the applications for disaster loans may be Interest Rates accuracy of the agency’s burden filed at the address listed above or other estimate; the need for the information; The Small Business Administration locally announced locations. The following areas have been its practical utility; ways to enhance its publishes an interest rate called the quality, utility, and clarity; and ways to optional ‘‘peg’’ rate (13 CFR 120.214) on determined to be adversely affected by the disaster: minimize burden on respondents, a quarterly basis. This rate is a weighted including the use of automated average cost of money to the Primary Counties: Clinton collection techniques or other forms of Contiguous Counties: government for maturities similar to the information technology. Mail, email, or average SBA direct loan. This rate may New York: Essex, Franklin Vermont: Chittenden, Grand Isle fax your comments and be used as a base rate for guaranteed recommendations on the information fluctuating interest rate SBA loans. This The Interest Rates are: collection(s) to the OMB Desk Officer rate will be 2.625 percent for the April– and SSA Reports Clearance Officer at Percent June quarter of FY 2018. the following addresses or fax numbers. Pursuant to 13 CFR 120.921(b), the For Physical Damage: (OMB), Office of Management and maximum legal interest rate for any Homeowners with Credit Avail- Budget, Attn: Desk Officer for SSA, third party lender’s commercial loan able Elsewhere ...... 3.500 Fax: 202–395–6974, Email address: which funds any portion of the cost of Homeowners without Credit [email protected] a 504 project (see 13 CFR 120.801) shall Available Elsewhere ...... 1.750 (SSA), Social Security Administration, Businesses with Credit Avail- be 6% over the New York Prime rate or, able Elsewhere ...... 6.770 OLCA, Attn: Reports Clearance if that exceeds the maximum interest Businesses without Credit Director, 3100 West High Rise, 6401 rate permitted by the constitution or Available Elsewhere ...... 3.385 Security Blvd., Baltimore, MD 21235, laws of a given State, the maximum Non-Profit Organizations with Fax: 410–966–2830, Email address: interest rate will be the rate permitted Credit Available Elsewhere ... 2.500 [email protected]

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Or you may submit your comments Statement of Reclamation Action—31 payments after the death of a Social online through www.regulations.gov, CFR 210—0960–0734. Regulations Security beneficiary who elected to have referencing Docket ID Number [SSA– governing the Federal Government payments sent to Canada. Form SSA– 2018–0013]. Participation in the Automated Clearing 1712 (or SSA–1712 CN), Notice of House: (1) Allow SSA to send Social I. The information collection below is Reclamation—Canada Payment Made in Security payments to Canada; and (2) pending at SSA. SSA will submit it to the United States, is the cover sheet SSA mandate the reclamation of funds paid prepares to request return of the OMB within 60 days from the date of erroneously to a Canadian bank, or this notice. To be sure we consider your payment. The respondents are Canadian financial institution, after the death of a banks and financial institutions who comments, we must receive them no Social Security beneficiary. SSA uses erroneously received Social Security later than June 4, 2018. Individuals can Form SSA–1713, Notice of Reclamation payments. obtain copies of the collection Action, to determine if, how, and when instrument by writing to the above the Canadian bank or financial Type of Request: Revision of an OMB- email address. institution is going to return erroneous approved information collection.

Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

SSA–1712 ...... 8 1 5 1 SSA–1713 ...... 7 1 5 1

Totals ...... 15 ...... 2

II. SSA submitted the information 1. Application for Mother’s or Father’s Form SSA–5–BK to determine an collections below to OMB for clearance. Insurance Benefits—20 CFR 404.339– individual’s eligibility for mother’s or Your comments regarding these 404.342, and 20 CFR 404.601–404.603— father’s insurance benefits. The information collections would be most 0960–0003. Section 202(g) of the Social respondents are individuals caring for a useful if OMB and SSA receive them 30 Security Act (Act) provides for the child of the deceased worker who is days from the date of this publication. payment of monthly benefits to the applying for mother’s or father’s To be sure we consider your comments, widow or widower of an insured insurance benefits under the Old Age, we must receive them no later than May individual if the surviving spouse is Survivors, and Disability Insurance 3, 2018. Individuals can obtain copies of caring for the deceased worker’s child program. the OMB clearance packages by writing (who is entitled to Social Security Type of Request: Revision of an OMB- to [email protected]. benefits). SSA uses the information on approved information collection.

Estimated Average total Modality of Number of Frequency burden per annual completion respondents of response response burden (minutes) (hours)

SSA–5–F6 (paper) ...... 6,542 1 15 1,636 Modernized Claims System ...... 42,175 1 15 10,544

Totals ...... 48,717 ...... 12,180

2. Certification by Religious Group— Contribution Act taxes under the members meet, or continue to meet, the 20 CFR 404.1075—0960–0093. SSA is Internal Revenue Code, Section 1402(g). criteria for exemption. The respondents responsible for determining whether SSA sends Form SSA–1458, are spokespersons for religious groups religious groups meet the qualifications Certification by Religious Group, to a or sects. exempting certain members and sects group’s authorized spokesperson to Type of Request: Revision of an OMB- from payment of Self-Employment complete and verify organizational approved information collection.

Estimated Average total Modality of Number of Frequency burden per annual completion respondents of response response burden (minutes) (hours)

SSA–1458 ...... 180 1 15 45

3. Claim for Amounts Due in the Case complete, SSA will pay the amount due beneficiary at the time of death, and of a Deceased Beneficiary—20 CFR (including the amount of any check not there is insufficient information in the 404.503(b)—0960–0101. Section 204(d) negotiated) to persons meeting specified file to identify the individuals of the Act provides that if an individual qualifications. When a Social Security entitlement to the payment, or the dies before payment under Title II is payment was due to a deceased individual’s address, SSA asks the

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surviving spouse, next of kin, or legal already entitled to a monthly benefit on beneficiary. The respondents are representative of the estate to complete the same earnings record, or is not filing applicants for underpayments owed to Form SSA–1724, Claim for Amounts for a lump-sum death payment as a deceased beneficiaries. Due in the Case of a Deceased Social former spouse. SSA uses the Type of Request: Revision of an OMB- Security Recipient. SSA collects the information Form SSA–1724 provides to approved information collection. information when a surviving child (or ensure proper payment of an children), parent, or spouse is not underpayment due to a deceased

Estimated Average total Modality of Number of Frequency burden per annual completion respondents of response response burden (minutes) (hours)

SSA–1724 ...... 250,000 1 10 41,667

4. Prohibition of Payment of SSI 416.708(o) of the Code of Federal receive to deny eligibility, or suspend Benefits to Fugitive Felons and Parole/ Regulations require individuals recipients’ SSI payments. The Probation Violators—20 CFR applying for, or receiving, SSI to report respondents are SSI applicants and 416.708(o)—0960–0617. Section to SSA that: (1) They are fleeing to avoid recipients, or representative payees of 1611(e)(4) of the Act precludes prosecution for a crime; (2) they are SSI applicants and recipients, who are eligibility for Supplemental Security fleeing to avoid custody or confinement reporting their status as a fugitive felon Income (SSI) payments for certain after conviction of a crime; or (3) they or probation or parole violator. fugitives and parole or probation are violating a condition of probation or Type of Request: Revision of an OMB- violators. Regulations at 20 CFR parole. SSA uses the information we approved information collection.

Estimated Average total Modality of Number of Frequency burden per annual completion respondents of response response burden (minutes) (hours)

SSI Claim System Screens ...... 1,000 1 1 17

5. Identifying Information for Possible of authorized fees; (2) issue a Form respondents are attorneys and other Direct Payment of Authorized Fees— 1099–MISC, if applicable; and (3) individuals who represent claimants for 0960–0730. SSA collects information establish a link between each claim for benefits before SSA. from claimants’ appointed benefits and the data we collect on the Type of Request: Revision of an OMB representatives on Form SSA–1695 to: SSA–1699 for our appointed approved information collection. (1) Process and facilitate direct payment representative database. The

Estimated Average total Modality of Number of Frequency Number of burden per annual completion respondents of response respondents response burden (minutes) (hours)

SSA–1695 ...... 10,000 40 400,000 10 66,667

Dated: March 28, 2018. ACTION: Notice. ADDRESSES: Send comments identified Naomi R. Sipple, by docket number FAA–2018–0212 Reports Clearance Officer, Social Security SUMMARY: This notice contains a using any of the following methods: Administration. summary of a petition seeking relief • Federal eRulemaking Portal: Go to [FR Doc. 2018–06689 Filed 4–2–18; 8:45 am] from specified requirements of Federal http://www.regulations.gov and follow BILLING CODE 4191–02–P Aviation Regulations. The purpose of the online instructions for sending your this notice is to improve the public’s comments electronically. awareness of, and participation in, the • Mail: Send comments to Docket DEPARTMENT OF TRANSPORTATION FAA’s exemption process. Neither Operations, M–30; U.S. Department of publication of this notice nor the Transportation (DOT), 1200 New Jersey Federal Aviation Administration inclusion or omission of information in Avenue SE, Room W12–140, West [Summary Notice No. 2018–018] the summary is intended to affect the Building Ground Floor, Washington, DC legal status of the petition or its final 20590–0001. disposition. Petition for Exemption; Summary of • Petition Received; Neptune Aviation Hand Delivery or Courier: Take DATES: Transport Services, Inc. Comments on this petition must comments to Docket Operations in identify the petition docket number and Room W12–140 of the West Building AGENCY: Federal Aviation must be received on or before April 23, Ground Floor at 1200 New Jersey Administration (FAA), DOT. 2018. Avenue SE, Washington, DC, between 9

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a.m. and 5 p.m., Monday through DEPARTMENT OF TRANSPORTATION Type of Review: This is a revision and Friday, except Federal holidays. correction of the information collection Federal Aviation Administration • Fax: Fax comments to Docket approved on September 30, 2016, supporting statement for part 147. Operations at 202–493–2251. Agency Information Collection Background: The FAA program office Privacy: In accordance with 5 U.S.C. Activities: Requests for Comments; for part 147, the General Aviation Clearance of Revised Approval of 553(c), DOT solicits comments from the Branch of Flight Standards, Aircraft Information Collection: Aviation public to better inform its rulemaking Maintenance Division recognizes there Maintenance Technician School process. DOT posts these comments, were some discrepancies in the 2016 without edit, including any personal AGENCY: Federal Aviation filing. This revised information information the commenter provides, to Administration (FAA), DOT. collection corrects the September 30, http://www.regulations.gov, as ACTION: Notice and request for 2016, supporting statement approved for described in the system of records comments. part 147. The information collection notice (DOT/ALL–14 FDMS), which can burden hours and costs will be be reviewed at http://www.dot.gov/ SUMMARY: In accordance with the noticeably higher than posted in the privacy. Paperwork Reduction Act of 1995, FAA 2016 supporting statement for three invites public comments about our Docket: Background documents or primary reasons: intention to request the Office of comments received may be read at • First, due to program changes Management and Budget (OMB) http://www.regulations.gov at any time. implemented by FAA Notice N approval to revise an information 8900.278, dated November 21, 2014, Follow the online instructions for collection. The respondents to this accessing the docket or go to the Docket operations specifications (OpSpecs) information collection are certificate were introduced to Title 14 of the Code Operations in Room W12–140 of the holders or applicants. The information West Building Ground Floor at 1200 of Federal Regulations (14 CFR) part 147 collected determines compliance with AMTSs. OpSpecs must be issued to New Jersey Avenue SE, Washington, applicant eligibility and ensures that DC, between 9 a.m. and 5 p.m., Monday institutions with part 147 certificates by certificated AMTSs meet the minimum July 21, 2015. This correction includes through Friday, except Federal holidays. requirements for procedures and the burden added by OpSpecs not FOR FURTHER INFORMATION CONTACT: curriculum set forth by the FAA. This addressed in the 2016 information Keira Jones, (202) 267–9677, Office of revised filing accounts for the recent collection. implementation of operation Rulemaking, Federal Aviation • Second, the current enrollment specifications, corrects the current Administration, 800 Independence figures cited in 2016 were 12,500 enrollment figure cited in 2016, and Avenue SW, Washington, DC 20591. students but are now 17,800 students. adds sections that were not previously • This notice is published pursuant to included in the burden assessment. Third, some sections of part 147 were not represented as collecting 14 CFR 11.85. DATES: Written comments should be submitted by June 4, 2018. information and to correct the record, Issued in Washington, DC, on March 28, the FAA is including them in this 2018. ADDRESSES: Send comments to the FAA revised report. Dale Bouffiou, at the following address: Barbara Hall, Federal Aviation Administration, ASP– The respondents to this information Deputy Executive Director, Office of 110, 10101 Hillwood Parkway, Fort collection are part 147 certificate Rulemaking. Worth, TX 76177. holders or applicants. Currently, there Petition for Exemption Public Comments Invited: You are are 177 FAA certificated AMTSs. The asked to comment on any aspect of this information collected determines Docket No.: FAA–2018–0212. information collection, including (a) compliance with applicant eligibility and ensures that certificated AMTSs Petitioner: Neptune Aviation Whether the proposed collection of meet the minimum requirements of part Transport Services, Inc. information is necessary for FAA’s performance; (b) the accuracy of the 147. The information collected is Section(s) of 14 CFR Affected: estimated burden; (c) ways for FAA to focused on an AMTS’ initial §§ 125.225(d)(1), and enhance the quality, utility and clarity curriculum, instructor’s qualifications, 125.226(a)(12),(13), and (14). of the information collection; and (d) maintenance of curriculum, facilities, Description of Relief Sought: The ways that the burden could be instructional equipment, and change of petitioner seeks an exemption from minimized without reducing the quality location, if applicable. Recordkeeping §§ 125.225(d)(1), and of the collected information. The agency requirements address student 125.226(a)(12),(13), and (14) to allow will summarize and/or include your attendance, tests, grades, any instruction Neptune Aviation Transport Services to comments in the request for OMB’s credited under section 147.31(c), and operate an Avro RJ100A with a flight clearance of this information collection. authenticated transcripts of student’s grades when credit was given based on data recorder incapable of recording FOR FURTHER INFORMATION CONTACT: training from a previous school. An three of the mandatory 34 inputs Barbara Hall by email at: AMTS must also keep a current progress required by regulation for a period not [email protected]; phone: 940– 594–5913 chart for each student showing practical to exceed two years. The Avro RJ100A projects completed or to be completed SUPPLEMENTARY INFORMATION: was recently purchased from a foreign in each subject. entity and had previously operated OMB Control Number: 2120–0040. Respondents: Part 147 AMTS under European Aviation Safety Agency Title: Aviation Maintenance Certificate applicants and Certificate (EASA) regulations until February 2018. Technician Schools. Form Numbers: FAA Form 8310–6 holders. [FR Doc. 2018–06679 Filed 4–2–18; 8:45 am] Aviation Maintenance Technician Frequency: Initial certification, on BILLING CODE 4910–13–P School Certificate and Ratings occasion if changes made by AMTS, and Application. ongoing recordkeeping.

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Estimated Average Burden per Response and Estimated Total Annual Burden:

TABLE I—SUMMARY TABLE OF ESTIMATED ANNUAL BURDEN [177 AMTS, 17,800 students]

Director Instructor Administrative § 147 Basis @$56/hour @$28/hour @$23/hour

§ 147.5 ...... Initial Certification ...... 725 0 40 § 147.5 ...... Post Certification ...... 93 0 8 § 147.21 ...... Initial Certification ...... 1200 900 300 § 147.23 ...... Initial Certification ...... 20 0 10 § 147.23 ...... Post Certification ...... 90 0 45 § 147.33(a) ...... Post Certification ...... 0 35600 17800 § 147.33(b) ...... Post Certification ...... 0 17800 8900 § 147.37 ...... Post Certification ...... 10 10 2 § 147.38 ...... Post Certification ...... 672 168 84 § 147.41 ...... Post Certification ...... 32 0 0

Total annual estimated part 147 burden Initial Cert hours ...... 1945 900 350 Post Cert hours ...... 897 53578 26839

Total hours burden ...... 2842 54478 27189

Issued in Fort Worth, TX, on March 21, 110, 10101 Hillwood Parkway, Fort Respondents: Approximately 366 2018. Worth, TX 76177. pilots. Barbara L. Hall, Public Comments Invited: You are Frequency: Information is collected FAA Information Collection Clearance asked to comment on any aspect of this on occasion. Officer, Performance, Policy, and Records information collection, including (a) Estimated Average Burden per Management Branch, ASP–110. Whether the proposed collection of Response: 1 hour. [FR Doc. 2018–06747 Filed 4–2–18; 8:45 am] information is necessary for FAA’s Estimated Total Annual Burden: 122 BILLING CODE 4910–13–P performance; (b) the accuracy of the hours. estimated burden; (c) ways for FAA to Issued in Fort Worth, TX, on March 26, enhance the quality, utility and clarity 2018. DEPARTMENT OF TRANSPORTATION of the information collection; and (d) Barbara L. Hall, ways that the burden could be Federal Aviation Administration FAA Information Collection Clearance minimized without reducing the quality Officer, Performance, Policy, and Records Agency Information Collection of the collected information. The agency Management Branch, ASP–110. Activities: Requests for Comments; will summarize and/or include your [FR Doc. 2018–06749 Filed 4–2–18; 8:45 am] comments in the request for OMB’s Clearance of Renewed Approval of BILLING CODE P Information Collection: Special clearance of this information collection. Awareness Training for the FOR FURTHER INFORMATION CONTACT: Washington DC Metropolitan Area Barbara Hall by email at: DEPARTMENT OF TRANSPORTATION [email protected]; phone: 940– AGENCY: Federal Aviation 594–5913. Federal Aviation Administration Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: Agency Information Collection ACTION: Notice and request for OMB Control Number: 2120–0734. Activities: Requests for Comments; comments. Title: Special Awareness Training for Clearance of Renewed Approval of the Washington DC Metropolitan Area. Information Collection: Air Taxi and SUMMARY: In accordance with the Form Numbers: There are no FAA Commercial Operator Airport Activity Paperwork Reduction Act of 1995, FAA forms associated with this collection. invites public comments about our Type of Review: Renewal of an Survey intention to request the Office of information collection. AGENCY: Federal Aviation Management and Budget (OMB) Background: The final rule containing Administration (FAA), DOT. approval to renew an information this information collection requirement collection. This collection of ACTION: Notice and request for was published on August 12, 2008 (73 comments. information is required of persons who FR 46797). The collection of must receive training and testing in information is solicited by the FAA in SUMMARY: In accordance with the order to fly within 60 nautical miles order to maintain a National database Paperwork Reduction Act of 1995, FAA (NM) of the Washington, DC omni- registry for those persons who are invites public comments about our directional range/distance measuring required to receive training and be intention to request the Office of equipment (DCA VOR/DME). tested for flying in the airspace that is Management and Budget (OMB) DATES: Written comments should be within 60 NM of the DCA VOR/DME. approval for renewal of information submitted by June 4, 2018. This National database registry provides collection. The Federal Register Notice ADDRESSES: Send comments to the FAA the FAA with information on how many with a 60-day comment period soliciting at the following address: Barbara Hall, persons and the names of those who comments on the following collection of Federal Aviation Administration, ASP– have completed this training. information was published on

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November 8, 2017. The collection primary airport sponsor apportionment DATES: Interested persons are invited to involves requesting that small on- as specified by title 49 United Stated submit comments on or before June 4, demand operators voluntarily provide Code (U.S.C.), section 47114. The data 2018. the number of revenue passengers that collected on the form includes ADDRESSES: You may submit comments, boarded their aircraft at each airport passenger enplanements by carrier and identified by Docket No. PHMSA–2018– annually. This information is used in by airport. Passengers traveling on air 0020 (Notice No. 2018–08), by any of determining an airport’s category and taxis would be overlooked entirely if the following methods: eligibility for federal funding on an this passenger survey were not • Federal eRulemaking Portal: http:// annual basis. It is not available through conducted. As a result, many airports www.regulations.gov. Follow the any other federal data source. would not receive their fair share of instructions for submitting comments. DATES: Written comments should be funds since there is currently no other • Fax: 1–202–493–2251. submitted by May 3, 2018. source for this type of charter activity. • Mail: Docket Management System; ADDRESSES: Interested persons are In each of the last 3 years, U.S. Department of Transportation, invited to submit written comments on approximately 150 operators have West Building, Ground Floor, Room the proposed information collection to reported a total 1.1 million passengers. W12–140, Routing Symbol M–30, 1200 the Office of Information and Regulatory This data is important to those airports New Jersey Avenue SE, Washington, DC Affairs, Office of Management and that struggle to meet the 2,500 and 20590. • Budget. Comments should be addressed 10,000 passenger levels and could not Hand Delivery: To the Docket to the attention of the Desk Officer, do so without the reporting of the Management System; Room W12–140 Department of Transportation/FAA, and charter passengers. on the ground floor of the West sent via electronic mail to oira_ Respondents: The voluntary survey is Building, 1200 New Jersey Avenue SE, [email protected], or faxed to sent through the U.S. Postal Service to Washington, DC 20590, between 9 a.m. (202) 395–6974, or mailed to the Office approximately 300 small on-demand and 5 p.m., Monday through Friday, of Information and Regulatory Affairs, operators (certificated under Federal except Federal holidays. Office of Management and Budget, Aviation Regulation Part 135) that have Instructions: All submissions must Docket Library, Room 10102, 725 17th reported activity in the last three years. include the agency name and Docket Street NW, Washington, DC 20503. The form is also available on the FAA Number (PHMSA–2018–0020) for this Public Comments Invited: You are website. notice at the beginning of the comment. asked to comment on any aspect of this Frequency: Annually. To avoid duplication, please use only information collection, including (a) Estimated Average Burden per one of these four methods. All Whether the proposed collection of Response: 1.5 hours per respondent. comments received will be posted Estimated Total Annual Burden: On information is necessary for FAA’s without change to the Federal Docket average, approximately 150 respondents performance; (b) the accuracy of the Management System (FDMS) and will submit an annual response. The estimated burden; (c) ways for FAA to include any personal information cumulative total annual burden is enhance the quality, utility and clarity provided. estimated to be 225 hours. of the information collection; and (d) Requests for a copy of an information ways that the burden could be Issued in Washington, DC, on March 28, collection should be directed to Steven minimized without reducing the quality 2018. Andrews or Shelby Geller, Standards of the collected information. The agency Barbara Hall, and Rulemaking Division, (202) 366– will summarize and/or include your FAA Information Collection Clearance 8553, Pipeline and Hazardous Materials comments in the request for OMB’s Officer, IT Enterprises Business Services Safety Administration, U.S. Department clearance of this information collection. Division, ASP–110. of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590– FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–06751 Filed 4–2–18; 8:45 am] Barbara Hall at (940) 594–5913, or by BILLING CODE 4910–13–P 0001. Docket: For access to the dockets to email at: [email protected]. read background documents or SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION comments received, go to http:// OMB Control Number: 2120–0067. www.regulations.gov or DOT’s Docket Title: Air Taxi and Commercial Pipeline and Hazardous Materials Operations Office (see ADDRESSES). Operator Airport Activity Survey. Safety Administration Privacy Act: In accordance with 5 Form Numbers: FAA Form 1800–31. Type of Review: Clearance of a [Docket No. PHMSA–2018–0020 (Notice No. U.S.C. 553(c), DOT solicits comments renewal of an information collection. 2018–08)] from the public to better inform its Background: The Federal Register rulemaking process. DOT posts these Notice with a 60-day comment period Hazardous Materials: Information comments, without edit, including any soliciting comments on the following Collection Activities personal information the commenter provides, to www.regulations.gov, as collection of information was published AGENCY: Pipeline and Hazardous on September 8, 2009 (74 FR 46292). described in the system of records Materials Safety Administration notice (DOT/ALL–14 FDMS), which can The data collected through this survey (PHMSA), DOT. is the only source of data for charter and be reviewed at http://www.dot.gov/ ACTION: Notice and request for privacy. nonscheduled passenger data by Part comments. 135 operator (air taxis). The data FOR FURTHER INFORMATION CONTACT: received on the form (either paper or SUMMARY: In accordance with the Steven Andrews or Shelby Geller, signed electronic copy) is then Paperwork Reduction Act of 1995, Standards and Rulemaking Division, incorporated into the Air Carrier PHMSA invites comments on an (202) 366–8553, Pipeline and Hazardous Activity Information System which is information collection pertaining to Materials Safety Administration, U.S. used to determine whether an airport is hazardous materials transportation for Department of Transportation, 1200 eligible for Airport Improvement which PHMSA intends to request from New Jersey Avenue SE, Washington, DC Program funds and for calculating the Office of Management and Budget. 20590–0001.

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SUPPLEMENTARY INFORMATION: generic clearance if it meets the Issued in Washington, DC, on March 28, Section 1320.8(d), title 5, Code of following conditions: 2018. Federal Regulations (CFR) requires • The collections are voluntary. William S. Schoonover, PHMSA to provide interested members • The collections are low-burden for Associate Administrator of Hazard Materials of the public and affected agencies an respondents (based on considerations of Safety, Pipeline and Hazardous Materials opportunity to comment on information total burden hours, total number of Safety Administration. collection and recordkeeping requests. respondents, or burden-hours per [FR Doc. 2018–06685 Filed 4–2–18; 8:45 am] This notice identifies a new information respondent) and are low-cost for both BILLING CODE 4910–60–P collect request that PHMSA will be the respondents and the Federal submitting to the Office of Management Government. and Budget (OMB). This information • The collections are non- DEPARTMENT OF TRANSPORTATION collection will be contained in 49 CFR controversial and do not raise issues of Bureau of Transportation Statistics 171.6 of the Hazardous Materials concern to other Federal agencies. Regulations (HMR; 49 CFR parts 171– • Any collection is targeted to the [Docket ID Number DOT–OST–2014–0031] 180). PHMSA will revise burden solicitation of opinions from estimates, where appropriate, to reflect respondents who have experience with Agency Information Collection: current reporting levels or adjustments the program or may have experience Activity Under OMB Review: Report of based on changes in proposed or final with the program in the near future. Financial and Operating Statistics for Large Certificated Air Carriers rules published once the information • Personally identifiable information collection is approved. The following (PII) is collected only to the extent AGENCY: Office of the Assistant information is provided for this necessary and is not retained. Secretary for Research and Technology information collection: (1) Title of the • Information gathered is intended to (OST–R), Bureau of Transportation information collection; (2) summary of be used only internally for general Statistics (BTS), DOT. the information collection activity; (3) service improvement and program ACTION: Notice. description of affected public; (4) management purposes and is not estimate of total annual reporting and intended for release outside of the SUMMARY: In compliance with the recordkeeping burden; and (5) Department (if released, the Department Paperwork Reduction Act of 1995, this frequency of collection. PHMSA will must indicate the qualitative nature of notice announces that the Information request a 3-year approval for this the information). Collection Request (ICR) abstracted information collection activity and will This type of generic clearance for below is being forwarded to the Office publish a notice in the Federal Register qualitative information will not be used of Management and Budget (OMB) for upon OMB’s approval. for quantitative information collections an extension of a currently approved PHMSA requests comments on the collection. The ICR describes the nature following information collection: that are designed to yield reliably actionable results, such as monitoring of the information collection and its Title: Generic Clearance for the expected burden. The Federal Register Collection of Qualitative Feedback on trends over time or documenting program performance. Such data uses Notice with a 60-day comment period Agency Service Delivery. soliciting comments on the following Abstract: The information collection require more rigorous designs that collection of information was published activity will garner qualitative customer address: The target population to which on January 23, 2018 (83 FR 3256). There and stakeholder feedback in an efficient, generalizations will be made, the were three comments received. One timely manner, in accordance with the sampling frame, the sample design from (c c) commenting on how wind Department’s commitment to improving (including stratification and clustering), turbines kill bats and the overall value service delivery. Qualitative feedback is the precision requirements or power of bats. One from (s s) commenting on information that provides useful calculations that justify the proposed insights on perceptions and opinions, sample size, the expected response rate, the need for regulations on imported not statistical surveys that yield methods for assessing potential goods and trade violations. One from (v quantitative results that can be nonresponse bias, the protocols for data v) commenting the need to expand generalized to the population of study. collection, and any testing procedures tariffs on rare earth elements in This feedback will provide insight into that were or will be undertaken prior to countries that exploit child labor. As customer or stakeholder perceptions, fielding the study. Depending on the none of the filed comments pertain to opinions, experiences and expectations, degree of influence the results are likely large certificated air carrier financial as well as an early warning of issues to have, such collections may still be data and the need for such, the with service or focus attention on areas eligible for submission for other generic Department will not address these where communication, training or mechanisms that are designed to yield specific comments in this particular changes in operations might improve quantitative results. forum. delivery of products or services. These Type of Review: New. DATES: Written comments should be collections will allow for ongoing, Affected Public: Individuals and submitted by May 3, 2018. collaborative, and actionable households, businesses and FOR FURTHER INFORMATION CONTACT: Jeff communications between PHMSA and organizations, State, Local or Tribal Gorham, Office of Airline Information, customers and stakeholders. It will also Governments. RTS–42, Room E34–414, OST–R, BTS, allow feedback to contribute directly to Annual Reporting and Recordkeeping 1200 New Jersey Avenue SE, the improvement of program Burden: Washington, DC 20590–0001, management. Feedback or information Estimated Number of Respondents: Telephone Number (202) 366–4406, Fax collected under this generic clearance 6,000. Number (202) 366–3383 or EMAIL will provide useful information, but it Estimated Annual Responses: 6,000. [email protected]. will not yield data that can be Estimated Annual Burden Hours: Comments: Send comments to the generalized to the overall population. 3,000 hours. Office of Information and Regulatory The Department will submit a Frequency of Collection: One-time Affairs, Office of Management and collection for approval under this requirement. Budget, 725–17th Street NW,

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Washington, DC 20503, Attention: OST vulnerable carriers. Data comparisons and respondent burden, invites the Desk Officer. are made between current and past general public and other federal SUPPLEMENTARY INFORMATION: periods in order to assess the current agencies to take this opportunity to OMB Approval No.: 2138–0013. financial position of the carrier. comment on a continuing information Title: Report of Financial and Financial trend lines are extended into collection as required by the Paperwork Operating Statistics for Large the future to analyze the continued Reduction Act of 1995 (PRA). Certificated Air Carriers. viability of the carrier. DOT reviews In accordance with the requirements Form No.: BTS Form 41. three areas of a carrier’s operation: (1) of the PRA, the OCC may not conduct Type of Review: Extension of a The qualifications of its management or sponsor, and the respondent is not currently approved collection. team, (2) its disposition to comply with required to respond to, an information Respondents: Large certificated air laws and regulations, and (3) its collection unless it displays a currently carriers. financial posture. DOT must determine valid Office of Management and Budget Number of Respondents: 60. whether or not a carrier has sufficient (OMB) control number. Estimated Time per Response: 4 hours financial resources to conduct its The OCC is soliciting comment per schedule, an average carrier may operations without imposing undue risk concerning the renewal of its submit 90 schedules in one year. on the traveling public. Moreover, once information collection titled, ‘‘Release Total Annual Burden: 13,910 hours. a carrier is operating, DOT is required of Non-Public Information.’’ Needs and Uses: Program uses for to monitor its continuing fitness. DATES: You should submit written Form 41 data are as follows: Senior DOT officials must be kept comments by June 4, 2018. Mail Rates fully informed as to all current and ADDRESSES: Because paper mail in the developing economic issues affecting The Department of Transportation Washington, DC area and at the OCC is the airline industry. In preparing subject to delay, commenters are sets and updates mainline Alaska mail financial conditions reports or status rates based on carrier aircraft operating encouraged to submit comments by reports on a particular airline, financial email, if possible. You may submit expense, traffic and operational data. and traffic data are analyzed. Briefing Form 41 cost data, especially fuel costs, comments by any of the following papers may use the same information. methods: terminal expenses, and line haul • Administrative Issues Email: [email protected]. expenses are used in arriving at rate • Mail: Legislative and Regulatory levels. DOT revises the established rates The Confidential Information Activities Division, Office of the based on the percentage of unit cost Protection and Statistical Efficiency Act Comptroller of the Currency, Attention: changes in the carriers’ operations. of 2002 (44 U.S.C. 3501 note) requires 1557–0200, 400 7th Street SW, Suite These updating procedures have a statistical agency to clearly identify 3E–218, Washington, DC 20219. resulted in the carriers receiving rates of information it collects for non-statistical • Hand Delivery/Courier: 400 7th compensation that more closely parallel purposes. BTS hereby notifies the Street SW, Suite 3E–218, Washington, their costs of providing mail service and respondents and the public that BTS DC 20219. contribute to the carriers’ ability to uses the information it collects under • Fax: (571) 465–4326. continue providing service. this OMB approval for non-statistical Instructions: You must include Submission of U.S. Carrier Data to purposes including, but not limited to, ‘‘OCC’’ as the agency name and ‘‘1557– ICAO publication of both Respondent’s 0200’’ in your comment. In general, the identity and its data, submission of the OCC will publish them on As a party to the Convention on information to agencies outside BTS for www.reginfo.gov without change, International Civil Aviation, the United review, analysis and possible use in including any business or personal States is obligated to provide the regulatory and other administrative information that you provide, such as International Civil Aviation matters. name and address information, email Organization with financial and addresses, or phone numbers. statistical data on operations of U.S. air Issued in Washington, DC, on March 27, 2018. Comments received, including carriers. Over 99 percent of the data William Chadwick, Jr., attachments and other supporting filed with ICAO is extracted from the materials, are part of the public record carriers’ Form 41 reports. Director, Office of Airline Information, Bureau of Transportation Statistics. and subject to public disclosure. Do not Carrier Fitness [FR Doc. 2018–06725 Filed 4–2–18; 8:45 am] include any information in your comment or supporting materials that Fitness determinations are made for BILLING CODE 4910–9X–P you consider confidential or both new entrants and established U.S. inappropriate for public disclosure. carriers proposing a substantial change You may review comments and other in operations. A portion of these DEPARTMENT OF THE TREASURY related materials that pertain to this applications consists of an operating information collection beginning on the plan for the first year (14 CFR part 204) Office of the Comptroller of the date of publication of the second notice and an associated projection of revenues Currency for this collection 1 by any of the and expenses. The carrier’s operating following methods: costs, included in these projections, are Agency Information Collection Requirements; Information Collection • Viewing Comments Electronically: compared against the cost data in Form Go to www.reginfo.gov. Click on the 41 for a carrier or carriers with the same Renewal; Comment Request; Release of Non-Public Information ‘‘Information Collection Review’’ tab. aircraft type and similar operating Underneath the ‘‘Currently under characteristics. Such a review validates AGENCY: Office of the Comptroller of the Review’’ section heading, from the drop- the reasonableness of the carrier’s Currency (OCC), Treasury. down menu, select ‘‘Department of operating plan. ACTION: Notice and request for comment. Form 41 reports, particularly balance 1 Following the close of the 60-Day comment sheet reports and cash flow statements, SUMMARY: The OCC, as part of its period for this notice, the OCC will publish a notice play a major role in the identification of continuing effort to reduce paperwork for 30 days of comment for this collection.

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Treasury’’ and then click ‘‘submit.’’ This information to provide the OCC with (c) Ways to enhance the quality, information collection can be located by information regarding the legal grounds utility, and clarity of the information to searching by OMB control number for the request. The release of non- be collected; ‘‘1557–0200’’ or ‘‘Release of Non-public public OCC information to a requester (d) Ways to minimize the burden of Information.’’ Upon finding the without sufficient legal grounds to the collection on respondents, including appropriate information collection, click obtain the information would inhibit through the use of automated collection on the related ‘‘ICR Reference Number.’’ open consultation between a bank and techniques or other forms of information On the next screen, select ‘‘View the OCC, thereby impairing the OCC’s technology; and Supporting Statement and Other supervisory and regulatory mission. The (e) Estimates of capital or start-up Documents’’ and then click on the link OCC is entitled, under statute and case costs and costs of operation, to any comment listed at the bottom of law, to require requesters to maintenance, and purchase of services the screen. demonstrate that they have sufficient to provide information. • For assistance in navigating legal grounds for the OCC to release Dated: March 26, 2018. www.reginfo.gov, please contact the non-public OCC information. The OCC Karen Solomon, Regulatory Information Service Center needs to identify the requester’s legal Acting Senior Deputy Comptroller and Chief at (202) 482–7340. grounds to determine if it should release Counsel. • Viewing Comments Personally: You the requested non-public OCC [FR Doc. 2018–06585 Filed 4–2–18; 8:45 am] may personally inspect and photocopy information. BILLING CODE 4810–33–P comments at the OCC, 400 7th Street The information requirements in 12 SW, Washington, DC. For security CFR part 4, subpart C, are as follows: reasons, the OCC requires that visitors (1) 12 CFR 4.33: Request for non- DEPARTMENT OF THE TREASURY make an appointment to inspect public OCC records or testimony. comments. You may do so by calling (2) 12 CFR 4.35(b)(3): Third parties Office of the Comptroller of the (202) 649–6700 or, for persons who are requesting testimony. Currency deaf or hearing impaired, TTY, (202) (3) 12 CFR 4.37(a)(2): OCC former 649–5597. Upon arrival, visitors will be employee notifying OCC of subpoena. Agency Information Collection required to present valid government- (4) 12 CFR 4.37(a) and (b): Prohibition Activities: Information Collection issued photo identification and submit on dissemination of released Renewal; Comment Request; Loans in to security screening in order to inspect information. Areas Having Special Flood Hazards and photocopy comments. (5) 12 CFR 4.38(a) and (b): Restrictions on dissemination of AGENCY: Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT: Currency (OCC), Treasury. Shaquita Merritt, OCC Clearance released information. (6) 12 CFR 4.39(d): Request for ACTION: Notice and request for comment. Officer, (202) 649–5490 or, for persons authenticated records or certificate of who are deaf or hearing impaired, TTY, SUMMARY: The OCC, as part of its nonexistence of records. (202) 649–5597, Legislative and continuing effort to reduce paperwork The OCC uses the information to Regulatory Activities Division, Office of and respondent burden, invites the process requests for non-public OCC the Comptroller of the Currency, 400 7th general public and other federal information and to determine if Street SW, Suite 3E–218, Washington, agencies to take this opportunity to sufficient grounds exist for the OCC to DC 20219. comment on a continuing information release the requested information or collection as required by the Paperwork SUPPLEMENTARY INFORMATION: Under the provide testimony that would include a Reduction Act of 1995 (PRA). PRA (44 U.S.C. 3501–3520), federal discussion of non-public information. agencies must obtain approval from the In accordance with the requirements This information collection facilitates of the PRA, the OCC may not conduct Office of Management and Budget the processing of requests and expedites (OMB) for each collection of or sponsor, and the respondent is not the OCC’s release of non-public required to respond to, an information information that they conduct or information and testimony to the sponsor. ‘‘Collection of information’’ is collection unless it displays a currently requester, as appropriate. valid Office of Management and Budget defined in 44 U.S.C. 3502(3) and 5 CFR Type of Review: Extension, without (OMB) control number. 1320.3(c) to include agency requests or change, of a currently approved requirements that members of the public The OCC is soliciting comment collection. concerning the renewal of its submit reports, keep records, or provide Affected Public: Businesses or other information collection titled ‘‘Loans in information to a third party. Section for-profit; individuals. Areas Having Special Flood Hazards.’’ 3506(c)(2)(A) of title 44 requires federal Number of Respondents: 2. agencies to provide a 60-day notice in Frequency of Response: On occasion. DATES: Comments must be received by the Federal Register concerning each Total Annual Burden: 6 hours. June 4, 2018. proposed collection of information, Comments submitted in response to ADDRESSES: Because paper mail in the including each proposed extension of an this notice will be summarized and Washington, DC area and at the OCC is existing collection of information, included in the request for OMB subject to delay, commenters are before submitting the collection to OMB approval. All comments will become a encouraged to submit comments by for approval. To comply with this matter of public record. Comments are email, if possible. Comments may be requirement, the OCC is publishing invited on: sent to: Legislative and Regulatory notice of the proposed collection of (a) Whether the collection of Activities Division, Office of the information set forth in this document. information is necessary for the proper Comptroller of the Currency, Attention: Title: Release of Non-Public performance of the functions of the 1557–0326, 400 7th Street SW, Suite Information. agency, including whether the 3E–218, Washington, DC 20219. In OMB Control No.: 1557–0200. information has practical utility; addition, comments may be sent by fax Abstract: The information collection (b) The accuracy of the agency’s to (571) 465–4326 or by electronic mail requirements require individuals who estimate of the burden of the collection to [email protected]. You may are requesting non-public OCC of information; personally inspect and photocopy

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comments at the OCC, 400 7th Street collection requirements in part 22 are as flood insurance on the property SW, Washington, DC 20219. For follows: securing the loan is required. Among security reasons, the OCC requires that • 12 CFR 22.5—Escrow other things, it includes a description of visitors make an appointment to inspect Requirements—With certain exceptions the flood insurance purchase comments. You may do so by calling with respect to types of loans and size requirements; and states that flood (202) 649–6700 or, for persons who are of institution, national banks and insurance is available under the deaf or hearing impaired, TTY, (202) federal savings associations, and their National Flood Insurance Program, 649–5597. Upon arrival, visitors will be servicers must escrow flood insurance where applicable, that flood insurance required to present valid government- premiums and fees for all loans secured may be available from private insurance issued photo identification and submit by properties located in a Special Flood companies, and that federal disaster to security screening in order to inspect Hazard Area made, increased, extended, relief assistance may be available in the and photocopy comments. or renewed on or after January 1, 2016. event of a declared federal flood All comments received, including Written notice must be provided disaster. attachments and other supporting informing the borrower that the • 12 CFR 22.9(d) and (e)—Record of materials, are part of the public record institution is required to escrow all Borrower and Servicer Receipt of Notice and subject to public disclosure. Do not premiums and fees for required flood and Alternate Method of Notice—A include any information in your insurance. • national bank or federal savings comment or supporting materials that 12 CFR 22.6—Required Use of association must retain a record of the you consider confidential or Standard Flood Hazard Determination receipt of the borrower notice by the inappropriate for public disclosure. Form—A national bank or federal borrower and the loan servicer for the savings association must use the FOR FURTHER INFORMATION CONTACT: period of time the bank or savings Standard Flood Hazard Determination Shaquita Merritt, OCC Clearance association owns the loan. In lieu of Form developed by FEMA. providing the borrower notice, a Officer, (202) 649–5490 or, for persons • 12 CFR 22.6(b)—Retention of national bank or federal savings who are deaf or hearing impaired, TTY, Standard Flood Hazard Determination association may obtain a satisfactory (202) 649–5597, Legislative and Form—A national bank or federal written assurance from a seller or lessor Regulatory Activities Division, Office of savings association must retain a copy that, within a reasonable time before the Comptroller of the Currency, 400 7th of the completed Standard Flood Hazard completion of the sale or lease Street SW, Suite 3E–218, Washington, Determination Form for the period of transaction, the seller or lessor has DC 20219. time the bank or savings association provided such notice to the purchaser or SUPPLEMENTARY INFORMATION: Under the owns the loan. PRA (44 U.S.C. 3501–3520), federal • 12 CFR 22.7—Notice of Forced lessee. The bank or savings association agencies must obtain approval from the Placement of Flood Insurance—If a must retain a record of the written OMB for each collection of information national bank, federal savings assurance from the seller or lessor for that they conduct or sponsor. association, or its loan servicer the period of time the bank or savings ‘‘Collection of information’’ is defined determines during the period of time the association owns the loan. • in 44 U.S.C. 3502(3) and 5 CFR bank or savings association owns the 12 CFR 22.10—Notices to FEMA— 1320.3(c) to include agency requests or loan that the property securing the loan A national bank or federal savings requirements that members of the public is not covered by adequate flood association making, increasing, submit reports, keep records, or provide insurance, the national bank, federal extending, renewing, selling, or information to a third party. Section savings association, or its loan servicer transferring a loan secured by property 3506(c)(2)(A) of title 44 requires federal must notify the borrower that the located in a special flood hazard area agencies to provide a 60-day notice in borrower should obtain adequate flood must notify the Administrator of FEMA the Federal Register concerning each insurance coverage (forced placement (or FEMA’s designee) of the identity of proposed collection of information, notice). The forced placement notice the loan servicer (notice of servicer) and including each renewal of an existing informs the borrower of the amount of must notify the Administrator of FEMA collection of information, before flood insurance to purchase. If the of any change in the loan servicer submitting the collection to OMB for borrower fails to purchase insurance, (notice of servicer transfer) within 60 approval. To comply with this the bank, savings association, or its days of such change. requirement, the OCC is publishing servicer must purchase insurance on the Affected Public: Businesses or other notice of the renewal of the collection borrower’s behalf and may charge the for-profit. of information set forth in this borrower for the premiums and fees. Estimated Number of Respondents: document. The insurance provider must be notified 1,550. Title: Loans in Areas Having Special to terminate any insurance purchased Estimated Total Annual Burden: Flood Hazards. by an institution or servicer within 30 106,951. OMB Control No.: 1557–0326. days of receipt of confirmation of a Frequency of Response: On occasion. Type of Review: Regular. borrower’s existing flood insurance Comments submitted in response to Description: This information coverage. this notice will be summarized, collection is required to evidence • 12 CFR 22.9—Notice to Borrower included in the request for OMB compliance with the requirements of the and Servicer—A national bank or approval, and become a matter of public federal flood insurance statutes with federal savings association making, record. Comments are invited on: respect to lenders and servicers and set extending, increasing, or renewing a (a) Whether the collection of forth in OCC regulations at 12 CFR part loan secured by property located in a information is necessary for the proper 22. These provisions are required by the special flood hazard area must provide performance of the functions of the National Flood Insurance Act of 1968 a notice to the borrower and loan OCC, including whether the information and the Flood Disaster Protection Act of servicer (borrower notice). The borrower has practical utility; 1973, as amended.1 The information notice advises the borrower that the (b) The accuracy of the OCC’s property securing the loan is located in estimate of the burden of the collection 1 42 U.S.C. 4001–4129. a special flood hazard area and that of information;

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(c) Ways to enhance the quality, 1557–0320, 400 7th Street SW, Suite FOR FURTHER INFORMATION CONTACT: utility, and clarity of the information to 3E–218, Washington, DC 20219. Shaquita Merritt, OCC Clearance be collected; • Hand Delivery/Courier: 400 7th Officer, (202) 649–5490 or, for persons (d) Ways to minimize the burden of Street SW, Suite 3E–218, Washington, who are deaf or hearing impaired, TTY, the collection on respondents, including DC 20219. (202) 649–5597, Legislative and through the use of automated collection • Fax: (571) 465–4326. Regulatory Activities Division, Office of techniques or other forms of information Instructions: You must include the Comptroller of the Currency, 400 7th technology; and ‘‘OCC’’ as the agency name and ‘‘1557– Street SW, Washington, DC 20219. (e) Estimates of capital or start-up 0320’’ in your comment. In general, the SUPPLEMENTARY INFORMATION: Under the costs and costs of operation, OCC will publish them on PRA (44 U.S.C. 3501–3520), federal maintenance, and purchase of services www.reginfo.gov without change, agencies must obtain approval from to provide information. including any business or personal OMB for each collection of information information that you provide, such as Dated: March 26, 2018. they conduct or sponsor. ‘‘Collection of name and address information, email information’’ is defined in 44 U.S.C. Karen Solomon, addresses, or phone numbers. Acting Senior Deputy Comptroller and Chief 3502(3) and 5 CFR 1320.3(c) to include Comments received, including agency requests or requirements that Counsel. attachments and other supporting [FR Doc. 2018–06582 Filed 4–2–18; 8:45 am] members of the public submit reports, materials, are part of the public record keep records, or provide information to BILLING CODE 4810–33–P and subject to public disclosure. Do not a third party. Section 3506(c)(2)(A) of include any information in your the PRA (44 U.S.C. 3506(c)(2)(A)) comment or supporting materials that DEPARTMENT OF THE TREASURY requires federal agencies to provide a you consider confidential or 60-day notice in the Federal Register Office of the Comptroller of the inappropriate for public disclosure. concerning each proposed collection of Currency You may review comments and other information, including each renewal of related materials that pertain to this an existing collection of information, Agency Information Collection information collection beginning on the before submitting the collection to OMB Activities: Information Collection date of publication of the second notice 1 for approval. To comply with this Renewal; Comment Request; for this collection by any of the requirement, the OCC is publishing Subordinated Debt Licensing following methods: • notice of the proposed collection of Requirements Viewing Comments Electronically: information set forth in this document. Go to www.reginfo.gov. Click on the Title: Subordinated Debt Licensing AGENCY: Office of the Comptroller of the ‘‘Information Collection Review’’ tab. Requirements. Currency (OCC), Treasury. Underneath the ‘‘Currently under OMB Control No.: 1557–0320. ACTION: Notice and request for comment. Review’’ section heading, from the drop- Frequency of Response: On occasion. down menu, select ‘‘Department of Affected Public: Business or other for- SUMMARY: The OCC, as part of its Treasury’’ and then click ‘‘submit.’’ This continuing effort to reduce paperwork profit. information collection can be located by Burden Estimates: and respondent burden, invites the searching by OMB control number general public and other federal Prepayment of Subordinated Debt in ‘‘1557–0320’’ or ‘‘Subordinated Debt Form of Call Option: 184 Respondents; agencies to take this opportunity to Licensing Requirements.’’ Upon finding comment on a continuing information 1.30 burden hours per respondent; 239 the appropriate information collection, total burden hours. collection as required by the Paperwork click on the related ‘‘ICR Reference Reduction Act of 1995 (PRA). Authority to Limit Distributions: 42 Number.’’ On the next screen, select Respondents; 0.5 hours per respondent; In accordance with the requirements ‘‘View Supporting Statement and Other of the PRA, the OCC may not conduct 21 total burden hours. Documents’’ and then click on the link Total Burden: 260 hours. or sponsor, and the respondent is not to any comment listed at the bottom of required to respond to, an information Description: The scope of this the screen. Information Collection Renewal is collection unless it displays a currently • For assistance in navigating limited to the following: (1) The 12 CFR valid Office of Management and Budget www.reginfo.gov, please contact the 5.47(g) and 12 CFR 5.56(b) requirements (OMB) control number. Regulatory Information Service Center that national banks and federal savings The OCC is soliciting comment at (202) 482–7340. associations (collectively, concerning the renewal of its • Viewing Comments Personally: You ‘‘institutions’’) apply for OCC approval information collection titled, may personally inspect and photocopy prior to prepaying subordinated debt if ‘‘Subordinated Debt Licensing comments at the OCC, 400 7th Street the prepayment is in the form of a call Requirements.’’ SW, Washington, DC. For security option; and (2) the 12 CFR 5.47(d) reasons, the OCC requires that visitors DATES: Comments must be submitted on requirement that national banks issuing make an appointment to inspect or before June 4, 2018. subordinated debt disclose the OCC’s comments. You may do so by calling ADDRESSES: authority under 12 CFR 3.11 to limit Because paper mail in the (202) 649–6700 or, for persons who are distributions. Washington, DC area and at the OCC is deaf or hearing impaired, TTY, (202) National banks must receive prior subject to delay, commenters are 649–5597. Upon arrival, visitors will be OCC approval in order to prepay encouraged to submit comments by required to present valid government- subordinated debt that is included in email, if possible. You may submit issued photo identification and submit tier 2 capital, and certain banks must comments by any of the following to security screening in order to inspect receive prior approval to prepay methods: and photocopy comments. • Email: [email protected]. subordinated debt that is not included • Mail: Legislative and Regulatory 1 Following the close of the 60-Day comment in tier 2 capital. If the prepayment is in Activities Division, Office of the period for this notice, the OCC will publish a notice the form of a call option, a national bank Comptroller of the Currency, Attention: for 30 days of comment for this collection. must submit the information required

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for general prepayment requests under (d) Ways to minimize the burden of Individuals 12 CFR 5.47(g)(1)(ii)(A) and also comply information collections on respondents, 1. YUSUF, Mohamed Mire Ali (a.k.a. ALI, with 12 CFR 5.47(g)(1)(ii)(B)(2), which including through the use of automated Mohamed Mire; a.k.a. MIRE, Mohamed; a.k.a. requires a national bank to submit collection techniques or other forms of MIRE, Mohamed Ali; a.k.a. MIRE, either: (1) A statement explaining why information technology. Muhammad), Puntland, Somalia; Dubai, United Arab Emirates; DOB 1975; alt. DOB the bank believes that following the Dated: March 27, 2018. proposed prepayment the bank would 1974; alt. DOB 1976; nationality Somalia; Karen Solomon, Gender Male (individual) [SDGT] (Linked To: continue to hold an amount of capital Acting First Deputy Comptroller and Chief ISLAMIC STATE OF IRAQ AND THE commensurate with its risk; or (2) a Counsel, Office of the Comptroller of the LEVANT). description of the replacement capital Currency. Designated pursuant to section 1(d)(i) of instrument that meets the criteria for Executive Order 13224 of September 23, [FR Doc. 2018–06583 Filed 4–2–18; 8:45 am] tier 1 or tier 2 capital under 12 CFR 2001, ‘‘Blocking Property and Prohibiting BILLING CODE 4810–33–P 3.20, including the amount of such Transactions With Persons Who Commit, instrument and the time frame for Threaten to Commit, or Support Terrorism’’ issuance. (E.O. 13224) for assisting in, sponsoring, or DEPARTMENT OF THE TREASURY providing financial, material, or Federal savings associations must technological support for, or financial or receive OCC approval prior to prepaying Office of Foreign Assets Control other services to or in support of, ISLAMIC subordinated debt securities or STATE OF IRAQ AND THE LEVANT, an mandatorily redeemable preferred stock Notice of OFAC Sanctions Actions entity determined to be subject to E.O. 13224. included in tier 2 capital. If the 2. SAKARYA, Yunus Emre (a.k.a. ‘‘AL- prepayment is in the form of a call AGENCY: Office of Foreign Assets ALMANI, Yunus’’; a.k.a. ‘‘AL-HAIEBI, option, a federal savings association Control, Treasury. Younes’’), Al Mayadin, Syria; Turkey; DOB 22 Apr 1991; POB Bruhl, Germany; citizen ACTION: must submit the information required Notice. Germany; alt. citizen Turkey; Gender Male; for general prepayment requests under Passport C7480TP630 (Germany); National ID 12 CFR 5.56(b)(2)(i) and also comply SUMMARY: The Department of the No. L749X688M2 (Germany); alt. National ID with 12 CFR 5.56(b)(2)(ii)(A), which Treasury’s Office of Foreign Assets No. 523884049 (Germany) (individual) requires a federal savings association to Control (OFAC) is publishing the names [SDGT] (Linked To: ISLAMIC STATE OF submit either: (1) A statement of six persons that have been placed on IRAQ AND THE LEVANT). explaining why the federal savings OFAC’s Specially Designated Nationals Designated pursuant to section 1(d)(i) of association believes that following the and Blocked Persons List based on Executive Order 13224 of September 23, 2001, ‘‘Blocking Property and Prohibiting proposed prepayment the savings OFAC’s determination that one or more applicable legal criteria were satisfied. Transactions With Persons Who Commit, association would continue to hold an Threaten to Commit, or Support Terrorism’’ amount of capital commensurate with All property and interests in property (E.O. 13224) for assisting in, sponsoring, or its risk; or (2) a description of the subject to U.S. jurisdiction of these providing financial, material, or replacement capital instrument that persons are blocked, and U.S. persons technological support for, or financial or meets the criteria for tier 1 or tier 2 are generally prohibited from engaging other services to or in support of, ISLAMIC capital under 12 CFR 3.20, including the in transactions with them. STATE OF IRAQ AND THE LEVANT, an entity determined to be subject to E.O. 13224. amount of such instrument and the time DATES: See SUPPLEMENTARY INFORMATION frame for issuance. 3. ABUBAKAR, Abdulpatta Escalon (a.k.a. section. ABUBAKAR, Abdul Patta Escalon; a.k.a. Pursuant to 12 CFR 5.47(d)(3)(ii)(C), a FOR FURTHER INFORMATION CONTACT: ESCALON, Abdulpatta Abubakar; a.k.a. national bank issuing subordinated debt ‘‘ABU BAKAR, Abdul Patta’’), Philippines; must disclose on the face of the note the OFAC: Associate Director for Global Jeddah, Saudi Arabia; Daina, Saudi Arabia; OCC’s authority under 12 CFR 3.11 to Targeting, tel.: 202–622–2420; Assistant DOB 03 Mar 1965; alt. DOB 01 Jan 1965; alt. limit distributions, including interest Director for Sanctions Compliance & DOB 11 Jan 1965; POB Tuburan, Basilan payments on any tier 2 capital Evaluation, tel.: 202–622–2490; Province, Philippines; nationality instrument if the national bank has full Assistant Director for Licensing, tel.: Philippines; Gender Male; Passport discretion to permanently or 202–622–2480; Assistant Director for EC6530802 (Philippines) expires 19 Jan 2021; Regulatory Affairs, tel. 202–622–4855; alt. Passport EB2778599 (Philippines); temporarily suspend such payments National ID No. 2135314355 (Saudi Arabia); without triggering an event of default. or the Department of the Treasury’s Office of the General Counsel: Office of alt. National ID No. 202112421 (Saudi Comments submitted in response to Arabia) (individual) [SDGT] (Linked To: this notice will be summarized and the Chief Counsel (Foreign Assets ISLAMIC STATE OF IRAQ AND THE included in the request for OMB Control), tel.: 202–622–2410. LEVANT). approval. All comments will become a SUPPLEMENTARY INFORMATION: Designated pursuant to section 1(d)(i) of matter of public record. Comments are Executive Order 13224 of September 23, Electronic Availability invited on: 2001, ‘‘Blocking Property and Prohibiting (a) Whether the collections of Transactions With Persons Who Commit, The Specially Designated Nationals Threaten to Commit, or Support Terrorism’’ information are necessary for the proper and Blocked Persons List and additional (E.O. 13224) for assisting in, sponsoring, or performance of the OCC’s functions, information concerning OFAC sanctions providing financial, material, or including whether the information has programs are available on OFAC’s technological support for, or financial or practical utility; website (www.treasury.gov/ofac). other services to or in support of, ISLAMIC (b) The accuracy of the OCC’s STATE OF IRAQ AND THE LEVANT, an Notice of OFAC Action(s) estimates of the burden of the entity determined to be subject to E.O. 13224. information collections, including the On February 9, 2018, OFAC Entities validity of the methodology and determined that the property and 1. AL-MUTAFAQ COMMERCIAL assumptions used; interests in property subject to U.S. COMPANY, Boosaaso, Somalia [SDGT] (c) Ways to enhance the quality, jurisdiction of the following persons are (Linked To: YUSUF, Mohamed Mire Ali). utility, and clarity of the information to blocked under the relevant sanctions Designated pursuant to section 1(c) of be collected; and authority listed below. Executive Order 13224 of September 23,

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2001, ‘‘Blocking Property and Prohibiting individual determined to be subject to E.O. SAKARYA, YUNUS EMRE, an individual Transactions With Persons Who Commit, 13224. determined to be subject to E.O. 13224. Threaten to Commit, or Support Terrorism’’ 3. PROFESYONELLER ELEKTRONIK Also designated pursuant to section 1(d)(i) (E.O. 13224) for being owned or controlled by (a.k.a. PROFESSIONALS ELECTRONIC of Executive Order 13224 of September 23, YUSUF, MOHAMED MIRE ALI, an TRADE IMPORT AND EXPORT LIMITED 2001, ‘‘Blocking Property and Prohibiting individual determined to be subject to E.O. COMPANY; a.k.a. PROFESYONELLER Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism’’ 13224. ELEKTRONIK TICARET; a.k.a. (E.O. 13224) for assisting in, sponsoring, or 2. LIIBAAN TRADING (a.k.a. LIBAN ‘‘PROFESYONELLER ELEKTRONIK TIC ITH providing financial, material, or TRADING; a.k.a. LIIBAN TRADING), VE IHR LTD. STI’’), Kecioren, Ankara, technological support for, or financial or Boosaaso, Somalia [SDGT] (Linked To: Turkey [SDGT] (Linked To: ISLAMIC STATE other services to or in support of, ISLAMIC YUSUF, Mohamed Mire Ali). OF IRAQ AND THE LEVANT; Linked To: STATE OF IRAQ AND THE LEVANT, an Designated pursuant to section 1(c) of SAKARYA, Yunus Emre). entity determined to be subject to E.O. 13224. Executive Order 13224 of September 23, Designated pursuant to section 1(c) of Dated: February 9, 2018. 2001, ‘‘Blocking Property and Prohibiting Executive Order 13224 of September 23, Transactions With Persons Who Commit, 2001, ‘‘Blocking Property and Prohibiting John E. Smith, Threaten to Commit, or Support Terrorism’’ Transactions With Persons Who Commit, Director, Office of Foreign Assets Control. (E.O. 13224) for being owned or controlled by Threaten to Commit, or Support Terrorism’’ [FR Doc. 2018–06693 Filed 4–2–18; 8:45 am] YUSUF, MOHAMED MIRE ALI, an (E.O. 13224) for being owned or controlled by BILLING CODE 4810–AL–P

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Part II

Department of Labor

Employee Benefits Security Administration Exemptions from Certain Prohibited Transaction Restrictions; Notice

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DEPARTMENT OF LABOR the type proposed to the Secretary of Revisions to Operative Language Labor. 1. Condition (k). On page 29343 of the Employee Benefits Security proposed exemption, Condition (k) of Administration Statutory Findings the operative language states that: ‘‘The Exemptions From Certain Prohibited In accordance with section 408(a) of CVR Trustee will certify to the Transaction Restrictions the Act and/or section 4975(c)(2) of the Department that the CVR Payment Code and the procedures set forth in 29 Amount has been properly calculated AGENCY: Employee Benefits Security CFR part 2570, subpart B (76 FR 66637, for each affected participant in the Administration, Labor. 66644, October 27, 2011) 1 and based Plans.’’ ACTION: Grant of Individual Exemptions. upon the entire record, the Department CHS requests that the Department makes the following findings: revise this condition to read as follows: SUMMARY: This document contains ‘‘(k) CHS will exercise its option exemptions issued by the Department of (a) The exemption is administratively feasible; under Section 3.1(d) of the CVR Labor (the Department) from certain of Agreement to retain an Independent the prohibited transaction restrictions of (b) The exemption is in the interests Advisor to assist with the calculation of the Employee Retirement Income of the plan and its participants and the CVR Payment Amount. The Security Act of 1974 (ERISA or the Act) beneficiaries; and Independent Advisor retained by CHS and/or the Internal Revenue Code of (c) The exemption is protective of the (and any successor) will be an advisor 1986 (the Code). This notice includes rights of the participants and that: (1) Has the appropriate training, the following: 2018–01, Health beneficiaries of the plan. experience, and facilities to perform Management Associates, Inc. Retirement such calculation; (2) does not directly or Savings Plan and The Mooresville Health Management Associates, Inc. indirectly control, is not controlled by Retirement Savings Plan, D–11929 and Retirement Savings Plan and The and is not under common control with, D–11930; 2018–02, Liberty Mutual Mooresville Retirement Savings Plan CHS; (3) does not directly or indirectly Insurance Company, D–11869; 2018–03, (Together, the Plans) Located in Naples, receive any compensation or other Russell Investment Management, LLC FL consideration in connection with any (RIM), Russell Investments Capital, LLC [Prohibited Transaction Exemption 2018–01; transaction described in this exemption (RiCap), and Their Affiliates, D–11916; Exemption Application Nos. D–11929 and D– other than for acting as Independent 2018–04, Toledo Electrical Joint 11930, respectively] Advisor in the manner described in the Apprenticeship & Training Fund, D– CVR Agreement, and provided that the 11867; 2018–05, EXCO Resources, Inc. Written Comments compensation payable is not contingent 401(k) Plan, D–11821; 2018–06, The On June 28, 2017, the Department of upon, or in any way affected by, the Grossberg, Yochelson, Fox & Beyda LLP Labor (the Department) published a Independent Advisor’s ultimate Profit Sharing Plan, D–11895. notice of proposed exemption in the determination of the CVR Payment SUPPLEMENTARY INFORMATION: A notice Federal Register at 82 FR 29340 for: (1) Amount; and (4) does not receive was published in the Federal Register of The acquisition by the Plans of annual gross revenue from CHS, during the pendency before the Department of contingent value rights (CVRs) received any year of its engagement, that exceeds a proposal to grant such exemption. The by the Plans in connection with the three percent (3%) of such Independent notice set forth a summary of facts and merger (the Merger Transaction) of Advisor’s annual gross revenue from all representations contained in the FWCT–2 Acquisition Corporation, a sources (for federal income tax application for exemption and referred wholly-owned subsidiary of Community purposes) for its prior tax year. CHS will interested persons to the application for Health Systems, Inc. (CHS), with and deliver to the Department copies of the a complete statement of the facts and into Health Management Associates, reports and calculations of such representations. The application has Inc. (HMA), with HMA surviving as a Independent Advisor used to determine been available for public inspection at wholly-owned subsidiary of CHS; and the CVR Payment Amount.’’ the Department in Washington, DC. The (2) the holding of the CVRs by the Plans, The Department concurs with the notice also invited interested persons to subject to certain conditions described comment and has revised the condition, submit comments on the requested herein. accordingly. exemption to the Department. In 2. Condition (l). On page 29343 of the addition the notice stated that any The proposed exemption invited all proposed exemption, Condition (l) interested person might submit a interested persons, including current states that: ‘‘The CVR Trustee will written request that a public hearing be participants and beneficiaries of the certify to the Department that no excess held (where appropriate). The applicant Plans, to submit comments or requests portion of the CVR Payment Amount has represented that it has complied for a hearing to the Department by reverts to CHS, its successors, or their with the requirements of the notification August 28, 2017. During the comment affiliates.’’ CHS requests that the to interested persons. No requests for a period, the Department received one Department remove the reference to the hearing were received by the written comment from CHS that CVR Trustee from this condition Department. Public comments were requested certain changes to the because CHS states that it has no way received by the Department as described operative language and the Summary of to require that the CVR Trustee provide in the granted exemption. Facts and Representations of the such certification to the Department. The notice of proposed exemption proposed exemption. CHS’s comments Therefore, CHS requests that Condition was issued and the exemption is being and the Department’s responses are (l) be modified to read as follows: ‘‘(l) granted solely by the Department discussed below. No excess portion of the CVR Payment because, effective December 31, 1978, Amount will revert to CHS, its section 102 of Reorganization Plan No. 1 The Department has considered exemption successors, or their affiliates.’’ applications received prior to December 27, 2011 4 of 1978, 5 U.S.C. App. 1 (1996), under the exemption procedures set forth in 29 CFR CHS represents that since it neither transferred the authority of the Secretary part 2570, subpart B (55 FR 32836, 32847, August holds nor intends to buy any CVRs, of the Treasury to issue exemptions of 10, 1990). there is no circumstance under which it

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will receive a reversion of any portion Summary of Facts and Representations, reverts to CHS, its successors, or their of the CVR Payment Amount. CHS Footnote 12 reads as follows: ‘‘The affiliates.’’ CHS requests that this represents that instead of engaging a Applicants state that, pursuant to sentence be deleted to correspond with third party to certify this result to the Section 3.1(e) of the CVR Agreement, if requested revisions to Conditions (k) Department, CHS is willing to have the the CVR Payment Amount is greater and (l) of the operative language, as final exemption conditioned on CHS not than zero, CHS will deliver cash to the discussed above. receiving any such reversion. paying agent within sixty (60) days of After considering CHS’s comment, the After considering this comment, the the date on which Final Resolution Department notes this clarification to Department has revised the condition in occurs.’’ Representation 8. the manner requested by CHS. CHS requests that Footnote 12 be Accordingly, after giving full revised to reflect the fact that under the consideration to the entire record, Revisions to Summary of Facts and CVR Agreement: (a) CHS is responsible including the CHS comment, the Representations calculating the CVR Payment Amount; Department has determined to grant the 1. Clarifications to Paragraph 1 of (b) CHS has the option of selecting the exemption as modified herein. Representation 8. On pages 29341 and Independent Advisor to assist it in For further information regarding the 29342 of the proposed exemption, in the calculating the CVR Payment Amount; CHS comment and other matters Summary of Facts and Representations, (c) any reports and calculations of such discussed herein, interested persons are the first sentence of paragraph one of Independent Advisor are binding on the encouraged to obtain copies of the Representation 8, states (without the third-party holders of the CVRs; and (d) exemption application files (Exemption footnotes) that, ‘‘Under the CVR that, pursuant to Section 3.1(e) of the Application Nos. D–11929 and D– Agreement, CHS is required to pay to CVR Agreement, if the CVR Payment 11930) the Department is maintaining in the CVR Trustee, and the CVR Trustee Amount is greater than zero, the this case. The complete application is required to pay to the CVR holders, Payment Certificate will specify the date files, as well as all supplemental $1.00 per CVR (the CVR Payment that CHS will deliver cash to the CVR submissions received by the Amount) promptly upon the final Trustee, which will be within sixty (60) Department, are made available for resolution (Final Resolution) of certain days of the date on which Final public inspection in the Public existing litigation (the Existing Resolution occurs. Disclosure Room of the Employee Litigation), subject to certain After considering CHS’s comment, the Benefits Security Administration, Room reductions.’’ Department notes the foregoing N–1513, U.S. Department of Labor, 200 CHS requests that the Department revisions to Footnote 12. Constitution Avenue NW, Washington, clarify that the reference to ‘‘certain 4. Revisions to Second Sentence of DC 20210. reductions’’ relates to fees and expenses Paragraph 2 of Representation 8. In the For a more complete statement of the associated with the Existing Litigation. Summary of Facts and Representations, facts and representations supporting the The Department concurs with CHS’s the second sentence of paragraph two of Department’s decision to grant this comments and notes the foregoing Representation 8 states that: ‘‘The CVR exemption, refer to the notice of revision to the first paragraph of Trustee, acting as the paying agent, will proposed exemption published on June Representation 8. then pay to each CVR holder the amount 28, 2017, at 82 FR 29340. 2. Revisions to Paragraph 2 of in cash equal to the CVR Payment Representation 8. On pages 29341 and Amount multiplied by the number of Exemption 29342 of the proposed exemption, in the CVRs held by such holder.’’ CHS The restrictions of sections Summary of Facts and Representations, requests that the Department revise this 406(a)(1)(E), 406(a)(2) and 407(a)(1)(A) the first sentence of the second sentence to read as follows: ‘‘Once the of the Act shall not apply, effective paragraph of Representation 8 states: CVR Payment Amount has been made, January 27, 2014, to: (1) The acquisition ‘‘On a date established by CHS that is the CVR Trustee, acting as the paying by the Plans of contingent value rights not later than thirty (30) days after the agent, will then pay to each CVR holder (CVRs) received by the Plans in date on which Final Resolution of the the amount in cash equal to the CVR connection with the merger (the Merger Existing Litigation occurs, CHS will Payment Amount multiplied by the Transaction) of FWCT–2 Acquisition deliver the CVR Payment Amount to the number of CVRs held by such holder.’’ Corporation, a wholly-owned subsidiary CVR Trustee and provide notice of the CHS explains that this revision is of Community Health Systems, Inc. calculation made to determine the CVR intended to clarify the actual process (CHS), with and into Health Payment Amount to the CVR holders.’’ called for under the CVR Agreement for Management Associates, Inc. (HMA), CHS requests that the Department notice of the calculation of the CVR with HMA surviving as a wholly owned revise this sentence to read as follows: Payment Amounts and the subsequent subsidiary of CHS; and (2) the holding ‘‘On a date established by CHS that is delivery of the CVR Payment Amount to of the CVRs by the Plans. not later than thirty (30) days after the the CVR Trustee. This exemption is subject to the date on which Final Resolution of the After considering CHS’s comment, the following conditions: Existing Litigation occurs, CHS will Department notes this clarification to (a) The receipt of the CVRs by the deliver notice of the CVR Payment Representation 8. Plans occurred in connection with the Amount to the CVR Trustee, in the form 5. Deletion of Paragraph 4 of Merger Transaction, which was of a Payment Certificate, that will Representation 8. In the Summary of approved by ninety-nine percent (99%) provide notice of the calculation made Facts and Representations, the fourth of the shareholders of common stock of to determine the CVR Payment paragraph of Representation 8 states HMA (HMA Common Stock); Amount.’’ that: ‘‘In addition, the CVR Trustee will (b) For purposes of the Merger After consideration of CHS’s certify to the Department that the CVR Transaction, all HMA Common Stock comment, the Department notes the Payment Amount has been properly shareholders, including the Plans, were foregoing revisions to the second calculated for each affected participant treated in the same manner; paragraph of Representation 8. in the Plans. The CVR Trustee will also (c) The acquisition of the CVRs by the 3. Revisions to Footnote 12. On page certify to the Department that no excess Plans occurred on the same terms, and 39342 of the proposed exemption, in portion of the CVR Payment Amount in the same manner, as the acquisition

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of CVRs by all other shareholders of purposes) for its prior tax year. CHS will supplemental notice, was distributed: HMA Common Stock who acquired deliver to the Department copies of the (1) By email to those interested persons CVRs; reports and calculations of such who agreed to receive electronic (d) The terms of the Merger Independent Advisor used to determine communication regarding the Transaction were negotiated at arm’s- the CVR Payment Amount; and Retirement Plan; and (2) by first-class length; (l) No excess portion of the CVR mail to interested persons who had not (e) No fees, commissions or other Payment Amount will revert to CHS, its agreed to receive electronic charges are paid by the Plans with successors, or their affiliates. communications. Although all respect to the acquisition and holding of Effective Date: This exemption is comments and requests for hearing were the CVRs by the Plans; effective as of January 27, 2014. initially due by September 17, 2017, the (f) Morgan Stanley & Co. LLC, Lazard FOR FURTHER INFORMATION CONTACT: Applicant advised the Department that Fre`res & Co. LLC and UBS Securities Anna Mpras Vaughan of the due to a printer error, distribution of the LLC advised HMA that the Department, telephone (202) 693–8565. Notice was delayed by three days past consideration received by HMA (This is not a toll-free number.) the distribution period set forth therein. shareholders, including participants of Therefore, the Department extended the the Plans, in exchange for their Shares Liberty Mutual Insurance Company comment period by three calendar days, was ‘‘fair,’’ from a financial point of (Liberty Mutual or the Applicant) to September 20, 2017. view; Located in Boston, MA During the comment period, the (g) The Plans have not and will not [Prohibited Transaction Exemption 2018–02; Department received numerous acquire or hold CVRs other than those Exemption Application No. D–11869] telephone inquiries from Plan acquired in connection with the Merger participants that generally concerned Exemption Transaction; matters outside the scope of the (h) Participants in the Plans may The Department is granting an exemption, and 27 written comments. direct the Plans’ trustee to sell CVRs exemption under the authority of The Department did not receive any allocated to their respective participant section 408(a) of the Employee requests for a public hearing from any accounts in the Plans, at any time; Retirement Income Security Act of 1974, of the commenters. (i) The Plans do not sell a CVR to CHS as amended (ERISA or the Act) and Of the written comments the or any of its subsidiaries or affiliates, section 4975(c)(2) of the Internal Department received, many of the including HMA, in a non-‘‘blind’’ Revenue Code of 1986, as amended (the commenters expressed concern that the transaction; Code), and in accordance with the exemption might adversely affect the (j) For so long as the CVRs remain a procedures set forth in 29 CFR part payment of their benefits. Therefore, permissible investment for each Plan, 2570, subpart B (76 FR 66637, 66644, they urged the Department not to the retention or disposition of CVRs October 27, 2011).2 The restrictions of approve the exemption and allow allocated to a participant’s account has sections 406(a)(1)(A), 406(a)(1)(B), and Liberty Mutual to engage in investments been and will be administered in 406(a)(1)(D) of ERISA and the sanctions on behalf of the Plan that would not be accordance with the provisions of each resulting from the application of in the best interests of Plan participants Plan that are in effect for individually- sections 4975(a) and 4975(b) of the or could be motivated by conflicts of directed investments of participant Code, by reason of sections interest. accounts; 4975(c)(1)(A), 4975(c)(1)(B), and Many of the commenters also (k) CHS will exercise its option under 4975(c)(1)(D) of the Code, shall not expressed confusion about the intent, Section 3.1(d) of the CVR Agreement to apply to a transaction between a party scope, and/or impact of the proposed retain an independent advisor (the in interest with respect to an employee exemption. Independent Advisor) to assist with the benefit plan sponsored by Liberty In response to the commenters’ calculation of the CVR Payment Mutual or its affiliates (the Liberty concerns, the Applicant states that the Amount. The Independent Advisor Mutual Plan) and such Liberty Mutual proposed exemption imposes duties, retained by CHS (and any successor) Plan, as described in Part I of Prohibited obligations and conditions on the will be an advisor that: (1) Has the Transaction Exemption 96–23 (PTE 96– conduct of Liberty Mutual when acting appropriate training, experience, and 23),3 provided that the in-house asset as a discretionary fiduciary on behalf of facilities to perform such calculation; (2) manager (INHAM) for the Liberty the Plan. The Applicant states that the does not directly or indirectly control, is Mutual Plan has discretionary control proposed exemption does not in any not controlled by and is not under with respect to plan assets involved in way authorize Liberty Mutual to make common control with, CHS; (3) does not the transaction, and certain conditions inappropriate investments, to directly or indirectly receive any are satisfied. commingle the Plan’s assets with compensation or other consideration in Liberty Mutual’s own accounts, or to connection with any transaction Written Comments use Plan assets to finance Liberty described in this exemption other than The Department invited all interested Mutual’s corporate transactions. The for acting as Independent Advisor in the persons to submit written comments Applicant represents that the proposed manner described in the CVR and/or requests for a public hearing exemption is intended to enable Agreement, and provided that the with respect to the notice of proposed professional asset managers to effect compensation payable is not contingent exemption (the Notice), published on transactions that they have concluded upon, or in any way affected by, the August 3, 2017, at 82 FR 36214. The meet their fiduciary obligations to make Independent Advisor’s ultimate Notice, along with an accompanying investments prudently and in the best determination of the CVR Payment interests of Plan participants. Coupled Amount; and (4) does not receive 2 For purposes of this exemption, references to with the generally applicable duties and annual gross revenue from CHS, during the provisions of section 406 of Title I of ERISA, responsibilities that ERISA imposes on any year of its engagement, that exceeds unless otherwise specified, should be read to refer fiduciaries, and the conditions and as well to the corresponding provisions of section three percent (3%) of such Independent 4975 of the Code. limitations contained in the proposed Advisor’s annual gross revenue from all 3 61 FR 15975 (April 10, 1996), as amended at 76 exemption to protect the interests of sources (for federal income tax FR 18255 (April 1, 2011). Plan participants, the Applicant states

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that adequate safeguards are in place to and general direction of, the Liberty investment of the Liberty Mutual Plan ensure that the Plan’s assets are invested Mutual Asset Manager, and either the assets involved in the transaction and prudently and in the best interests of the Liberty Mutual Asset Manager or, so does not render investment advice Plan participants. long as the Liberty Mutual Asset (within the meaning of 29 CFR 2510.3– The Applicant acknowledges that Manager retains full fiduciary 21(c)) with respect to those assets; many of the commenters noted their responsibility with respect to the (f) The party in interest dealing with reliance on income from the Plan and transaction, a sub-adviser acting in the Liberty Mutual Plan is neither the fear of changes that could jeopardize accordance with written guidelines Liberty Mutual Asset Manager nor a their benefits, and represents that it established and administered by the person related to the Liberty Mutual understands these apprehensions. The Liberty Mutual Asset Manager, makes Asset Manager (within the meaning of Applicant states that it shares the the decision on behalf of the Plan to Section II(d)); commenters’ views that the assets of the enter into the transaction; (g) The Liberty Mutual Asset Manager Plan need to be invested prudently and (b) The transaction is not described adopts, maintains, and follows written in a manner that will enable the Plan to in— policies and procedures (the Policies) meet its obligations to Plan participants. (1) Prohibited Transaction Exemption that: The Applicant further states that, 2006–16 (71 FR 63786, October 31, (1) Are designed to assure compliance without the benefit of the exemption, 2006) (relating to securities lending with the conditions of the exemption certain investments that would be made arrangements) (as amended or and its fiduciary responsibilities and to protect or enhance the assets of the superseded); avoid any conflicts of interest or risk Plan might otherwise be prohibited or (2) Prohibited Transaction Exemption exposure, including an investment could only be made with greater 83–1 (48 FR 895, January 7, 1983) allocation policy and best execution expense and/or complexity due to (relating to acquisitions by plans of policy, and ensure that the Liberty reliance on third-party service interests in mortgage pools) (as Mutual Asset Manager and its personnel providers. amended or superseded); or operate within an impartial conduct Accordingly, after giving full (3) Prohibited Transaction Exemption standard in accordance with a duty of consideration to the entire record, the 88–59 (53 FR 24811, June 30, 1988) loyalty and prudence pursuant to Department has decided to grant the (relating to certain mortgage financing section 404 of the Act with respect to exemption. The complete application arrangements) (as amended or the Liberty Mutual Plan when file (Application No. D–11869), superseded); conducting business with, or on behalf including all supplemental submissions (c) The transaction is not part of an of, the applicable Liberty Mutual Plan; received by the Department, is available arrangement, agreement, or (2) Describe the objective for public inspection in the Public understanding designed to violate or requirements of the exemption, and Disclosure Room of the Employee evade compliance with ERISA or the describe the steps adopted by the Benefits Security Administration, Room Code; Liberty Mutual Asset Manager to assure N–1515, U.S. Department of Labor, 200 (d) At the time the transaction is compliance with each of these Constitution Avenue NW, Washington, entered into, and at the time of any requirements: DC 20210. subsequent renewal or modification (A) The requirements of Section I of For a more complete statement of the thereof that requires the consent of the the exemption, including Section I(a) facts and representations supporting the Liberty Mutual Asset Manager, the regarding the discretionary authority or Department’s decision to grant this terms of the transaction are at least as control of the Liberty Mutual Asset exemption, refer to the notice of favorable to the Liberty Mutual Plan as Manager with respect to the plan assets proposed exemption published on the terms generally available in arm’s involved in the transaction, in August 3, 2017, at 82 FR 36214. length transactions between unrelated negotiating the terms of the transaction, parties; and with regard to the decision on Final Exemption Operative Language (e) The party in interest dealing with behalf of the Liberty Mutual Plan to Section I. Covered Transactions the Liberty Mutual Plan: enter into the transaction; (1) Is a party in interest with respect (B) That any procedure for approval The restrictions of sections to the Liberty Mutual Plan (including a or veto of the transaction meets the 406(a)(1)(A), 406(a)(1)(B), and fiduciary); either requirements of Section I(a); 406(a)(1)(D) of ERISA and the sanctions (A) Solely by reason of providing (C) For a transaction described in resulting from the application of services to the Liberty Mutual Plan, or Section I: sections 4975(a) and 4975(b) of the solely by reason of a relationship to a (i) That the transaction is not entered Code, by reason of sections service provider described in section into with any person who is excluded 4975(c)(1)(A), 4975(c)(1)(B), and 3(14)(F), (G), (H) or (I) of ERISA; or from relief under Section I(e)(1), Section 4975(c)(1)(D) of the Code, shall not (B) Solely by reason of being a 10- I(e)(2), or Section I(f); and apply to a transaction between a party percent or more shareholder, partner or (ii) That the transaction is not in interest with respect to a Liberty joint venturer, in a person, which is 50 described in any of the class exemptions Mutual Plan (as defined in Section II(h)) percent or more owned by an employer listed in Section I(b); and such Liberty Mutual Plan, provided of employees covered by the Liberty (3) Are reasonably designed to that the Liberty Mutual Asset Manager Mutual Plan (directly or indirectly in prevent the Liberty Mutual Asset (as defined in Section II(a)) has capital or profits), or the parent Manager or its personnel from violating discretionary authority or control with company of such an employer, provided ERISA or other federal or state laws or respect to the assets of the Liberty that such person is not controlled by, regulations applicable with respect to Mutual Plan involved in the transaction controlling, or under common control the investment of the assets of the and the following conditions are with such employer; or applicable Liberty Mutual Plan satisfied: (C) By reason of both (A) and (B) only; (Applicable Law); (a) The terms of the transaction are and (4) Cover, at a minimum, the negotiated on behalf of the Liberty (2) Does not have discretionary following areas to the extent applicable Mutual Plan by, or under the authority authority or control with respect to the to the Liberty Mutual Asset Manager:

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(A) Portfolio management processes, instances of noncompliance promptly be completed within six months including allocation of investment when discovered or when they following the end of the twelve-month opportunities among any Liberty Mutual reasonably should have known of the period to which the audit relates. The Plan and Liberty Mutual’s proprietary noncompliance (whichever is earlier), Audit Report shall include the auditor’s investments, taking into account the and provided that it adheres to the specific determinations regarding the investment objectives of the applicable reporting requirements set forth in this compliance with the conditions for the Liberty Mutual Plan and any restrictions item (5); exemption; the adequacy of, and under Applicable Law; (h)(1) The Liberty Mutual Asset compliance with, the Policies; the (B) Trading practices, including Manager submits to an audit conducted auditor’s recommendations (if any) with procedures by which the Liberty Mutual annually by an independent auditor, respect to strengthening such Policies; Asset Manager satisfies its best who has been prudently selected and and any instances of noncompliance execution obligation, and allocates who has the appropriate technical with the conditions for the exemption or aggregated trades among all Liberty training or experience and proficiency the Policies described in paragraph (g) Mutual Plans and/or Liberty Mutual with ERISA’s fiduciary responsibility above. Any determinations made by the proprietary accounts for which it provisions and applicable securities auditor regarding the adequacy of the provides investment management laws to evaluate the adequacy of, and Policies and the auditor’s services; compliance with, the Policies described recommendations (if any) with respect (C) Personal trading activities of any herein, and compliance with the to strengthening the Policies shall be employee of Liberty Mutual and its requirements of the exemption, and so promptly addressed by the Liberty subsidiaries who has personal represents in writing. Upon the Mutual Asset Manager, and any actions involvement and responsibility for Department’s request, the auditor must taken by the Liberty Mutual Asset investment decisions regarding the demonstrate its qualifications as Manager to address such investment of the assets of the required by this paragraph and its recommendations shall be included in applicable Liberty Mutual Plan (an LM independence from Liberty Mutual. The an addendum to the Audit Report. Any Advisory Employee); audit must be incorporated into the determinations by the auditor that the (D) The Liberty Mutual Asset Policies and cover a consecutive twelve- Liberty Mutual Asset Manager has Manager’s policies regulating conflicts month period beginning on the effective adopted, maintained, and followed of interest; date of the exemption. Each annual sufficient Policies shall not be based (E) The accuracy of disclosures, audit must be completed within six solely or in substantial part on an including account statements, made to months following the end of the twelve- absence of evidence indicating the trustee(s) or fiduciaries of any month period to which the audit relates; noncompliance. In this last regard, any Liberty Mutual Plan or to any regulators; (2) To the extent necessary for the finding that the Liberty Mutual Asset (F) Safeguarding of Liberty Mutual auditor, in its sole opinion, to complete Manager has complied with the Plan assets from conversion or its audit and comply with the requirements under this subsection inappropriate use by any LM Advisory conditions for relief described herein, must be based on evidence that Employee; and as permitted by law, the Liberty demonstrates the Liberty Mutual Asset (G) The accurate creation of required Mutual Asset Manager and, if Manager has actually adopted, records and their maintenance in a applicable, Liberty Mutual, will grant maintained, and followed the Policies manner that secures them from the auditor unconditional access to its required by this exemption; unauthorized alteration or use and business, including, but not limited to: (6) The auditor shall notify the Liberty protects them from untimely its computer systems, business records, Mutual Asset Manager and Liberty destruction; transactional data, workplace locations, Mutual of any instances of (H) Processes to value holdings of any training materials, and personnel; noncompliance with the conditions for Liberty Mutual Plan, to the extent, if (3) The auditor’s engagement must the exemption or the Policies identified any, that such valuation is within the specifically require the auditor to by the auditor within five (5) business control of the Liberty Mutual Asset determine whether the Liberty Mutual days after such noncompliance is Manager; Asset Manager has complied with the identified by the auditor, regardless of (I) Safeguards for the privacy conditions for the exemption, including whether the audit has been completed protection of records and information the requirement to adopt, maintain, and as of that date; pertaining to each Liberty Mutual Plan; follow Policies in Section I(g); (7) With respect to each Audit Report, and (4) The auditor’s engagement shall the General Counsel or the Chief (J) Business continuity plans; and specifically require the auditor to test Compliance Officer (described in (5) Any violations of or failure to the Liberty Mutual Asset Manager’s Section I(j)) of the Liberty Mutual Asset comply with items (1) through (4) above operational compliance with the Manager certifies in writing, under are corrected promptly upon discovery exemption, including the Policies in penalty of perjury, that the officer has and any such violations or compliance Section I(g). In this regard, the auditor reviewed the Audit Report and this failures not promptly corrected are must test a sample of the Liberty Mutual exemption; addressed, corrected, or reported, upon discovering the failure to Asset Manager’s transactions involving remedied any inadequacies identified in promptly correct, in writing to the Liberty Mutual Plan sufficient in the Audit Report; and determined that appropriate corporate officers, the Chief size and nature to afford the auditor a the Policies in effect at the time of Compliance Officer (as described below reasonable basis to determine the signing are adequate to ensure in Section I(j)) of the Liberty Mutual operational compliance with the compliance with the conditions of this Asset Manager, and the independent Policies; exemption and with the applicable auditor described in Section I(h) below, (5) For each audit, the auditor shall provisions of ERISA and the Code; and a fiduciary of the relevant Liberty issue a written report (the Audit Report) (8) A senior executive officer with a Mutual Plan; the Liberty Mutual Asset to Liberty Mutual and the Liberty direct reporting line to the highest Manager will not be treated as having Mutual Asset Manager that describes the ranking compliance officer of Liberty failed to adopt, maintain, or follow the procedures performed by the auditor Mutual reviews the Audit Report and Policies, provided that it corrects any during the course of its examination, to certifies in writing, under penalty of

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perjury, that such officer has reviewed the required audit, and must also Brochure as well as the most recent each Audit Report; and provide clear instructions for obtaining Updated Brochure, if applicable, and (9) The Liberty Mutual Asset Manager a copy of the audit; any Brochure Supplements related to makes its Audit Report unconditionally (4) The Liberty Mutual Asset Manager LM Advisory Employees employed by available for examination by any duly will be deemed to have met the the Liberty Mutual Asset Manager at the authorized employee or representative requirements pertaining to the provision time the New Eligible Recipients of the Department, other relevant of the Brochure and the Updated became Eligible Recipients, within 90 regulators, and any participant in a Brochure if it makes such documents days of the New Eligible Recipients Liberty Mutual Plan; available to the Eligible Recipients becoming Eligible Recipients with (i) The Liberty Mutual Asset Manager through a prominently displayed link respect to the Liberty Mutual Plan. The will prepare and make available to all on a website (the Plan Benefits website) Liberty Mutual Asset Manager will be participants of, and beneficiaries where it makes available information to deemed to have met the disclosure entitled to receive benefits under, the the Eligible Recipients about their requirements pertaining to the New Liberty Mutual Plans (the Eligible benefits and rights under the applicable Eligible Recipients if it makes the Recipients) a plain English, narrative Liberty Mutual Plan (Plan Information), applicable documents available to the brochure (the Brochure) that contains all and contact information for an New Eligible Recipients through a substantive information, comparable to appropriate representative of Liberty prominently displayed link on the Plan that required by Part 2A of Form ADV Mutual to direct inquiries from the Benefits website described in section filed under the Investment Advisers Act Eligible Recipients, which is readily I(i)(4) of this exemption. of 1940, but modified such that the available to such Eligible Recipients. Notwithstanding the above, the Liberty disclosure is relevant to Eligible Notwithstanding the above, the Liberty Mutual Asset Manager will not be Recipients with respect to the Mutual Asset Manager will not be deemed to have met the requirements of management of the applicable Liberty deemed to have met the requirements of this subparagraph unless it provides Mutual Plan; this subparagraph unless it provides notice of the Plan Benefits website, and (1) The Brochure shall include, among notice of the Plan Benefits website, and the link to the Brochure, Updated other things: the link to the Brochure and Updated Brochure, and Brochure Supplements to (A) The Liberty Mutual Asset Brochure at least once annually, to all all New Eligible Recipients. For any Manager’s investment strategy with Eligible Recipients; such New Eligible Recipient to whom respect to the applicable Liberty Mutual (5) For any such Eligible Recipient to Liberty Mutual makes Plan Information Plan; whom Liberty Mutual makes Plan available by Supplemental Delivery, the (B) The Liberty Mutual Asset Information available by hard copy or Brochure and the Updated Brochure Manager’s policies regarding conflicts of other means (Supplemental Delivery), must be provided to such New Eligible interest; the Brochure and the Updated Brochure Recipient at the same time and by the (C) Any disciplinary information must be provided to such Eligible same means that Plan Information is related to employees of the Liberty Recipient at the same time and by the provided; Mutual Asset Manager; and same means that Plan Information is (j) Each Liberty Mutual Asset Manager (D) A prominent statement that the provided; must establish an internal compliance Eligible Recipients may request a copy (6) The Liberty Mutual Asset Manager program that addresses the Liberty of the Policies, with instructions on how will also provide supplements to the Mutual Asset Manager’s performance of to make such request and receive such Brochure (each, a Brochure its fiduciary and substantive obligations copy; Supplement) that contain information under ERISA (the Compliance Program); (2) The Liberty Mutual Asset Manager about any LM Advisory Employee, (1) Each Liberty Mutual Asset must make the Brochure available to the including the LM Advisory Employee’s Manager must designate a Chief Eligible Recipients: (1) With respect to educational background, business Compliance Officer (the CCO), who any Liberty Mutual Plan for which experience, other business activities, must be knowledgeable about ERISA Liberty Mutual or its affiliate is then and disciplinary history; and have the authority to develop and acting as an investment manager, within (7) Each Brochure Supplement must enforce appropriate compliance policies 90 days of the effective date of this be made available in the same manner and procedures for the Liberty Mutual exemption; and (2) with respect to any as the Brochure, and must be posted to Asset Manager; other Liberty Mutual Plan for which any the Plan Benefits website, not later than (2) As part of the Compliance Liberty Mutual Asset Manager thereafter 90 days following the date that any such Program, each Liberty Mutual Asset becomes an investment manager, within LM Advisory Employee begins to Manager must adopt and enforce a ten (10) business days of the date that provide advisory services to that Liberty written code of ethics that, among other the applicable Investment Management Mutual Plan. Such Brochure things, will reflect the Liberty Mutual Agreement or Sub-Adviser Agreement Supplement must be included with the Asset Manager’s fiduciary duties to the with a Liberty Mutual Plan becomes next Updated Brochure included in the Liberty Mutual Plans. At a minimum, effective; material provided to any Eligible the Liberty Mutual Asset Manager’s (3) Liberty Mutual annually updates Recipient receiving such Updated code of ethics must: such brochure (the Updated Brochure), Brochure by Supplemental Delivery; (A) Set forth a minimum standard of containing or accompanied by a (8) With respect to any individuals conduct for all LM Advisory Employees summary of material changes. Each who become Eligible Recipients with and any other employees of the Liberty Updated Brochure that is made respect to any Liberty Mutual Plan for Mutual Asset Manager whose available following the completion of which Liberty Mutual or its affiliate is responsibilities include assisting the LM the first audit required with respect to then acting as an investment manager Advisory Employees in managing the any Liberty Mutual Asset Manager in (the New Eligible Recipients) after the investments of any Liberty Mutual Plan accordance with this exemption must delivery of the Brochure to the Eligible (the LM Facilitating Employees); include a prominently displayed Recipients with respect to the Liberty (B) Require LM Advisory Employees statement indicating that the Liberty Mutual Plan, the Liberty Mutual Asset and LM Facilitating Employees to Mutual Asset Manager has completed Manager will provide a copy of the comply with Applicable Law in

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fulfilling their investment management exercise of its best judgment as a Liberty provided that ‘‘50 percent’’ shall be duties to the Liberty Mutual Plans; Mutual Asset Manager; and substituted for ‘‘80 percent’’ wherever (C) Require each LM Advisory (m) The Liberty Mutual Asset ‘‘80 percent’’ appears in section 414(b) Employee to report his or her securities Manager will not charge any asset or 414(c) of the Code or the rules holdings at the later of the time that the management fees or receive any fee in thereunder; person becomes an LM Advisory connection with transactions covered by (c) The term ‘‘party in interest’’ means Employee or within 90 days after this this exemption. a person described in section 3(14) of exemption becomes effective and at Section II. Definitions ERISA and includes a ‘‘disqualified least once annually thereafter and to person’’ as defined in section 4975(e)(2) make a report at least once quarterly of (a) The term ‘‘Liberty Mutual Asset of the Code; all personal securities transactions in Manager’’ means Liberty Mutual or any (d) A Liberty Mutual Asset Manager is reportable securities to the Liberty organization that is either a direct or ‘‘related’’ to a party in interest for Mutual Asset Manager’s CCO or other indirect 80 percent or more owned purposes of Section I(f) of this designated person; subsidiary of Liberty Mutual, or a direct exemption, if, as of the last day of its (D) Require the CCO or other or indirect 80 percent more owned most recent calendar quarter: (i) The designated persons to pre-approve subsidiary of a parent organization of Liberty Mutual Asset Manager (or a investments by any LM Advisory Liberty Mutual, provided that such person controlling, or controlled by, the Employee in IPOs or limited offerings; Liberty Mutual Asset Manager: Liberty Mutual Asset Manager) owns a (E) Require each LM Advisory (1) Is an insurance company which is ten percent or more interest in the party Employee or LM Facilitating Employees qualified under the laws of more than in interest; or (ii) the party in interest (or to promptly report any violation of one State to manage, acquire, or dispose a person controlling, or controlled by, Applicable Law to the Liberty Mutual of any assets of a plan, which company the party in interest) owns a 10 percent Asset Manager’s CCO or other has, as of the last day of its most recent or more interest in the Liberty Mutual designated person; fiscal year, net worth (capital, paid-in Asset Manager. (F) Require the Liberty Mutual Asset and contributed surplus, unassigned For purposes of this definition: Manager to provide training on surplus, contingency reserves, group (1) The term ‘‘interest’’ means with applicable law and to obtain a written contingency reserves, and special respect to ownership of an entity— acknowledgment from each LM reserves) in excess of $1,000,000; (A) The combined voting power of all Advisory Employee documenting his/ (2) Is subject to supervision and classes of stock entitled to vote or the her agreement to abide by the code of examination by a State authority having total value of the shares of all classes of ethics, the Policies, and applicable law; supervision over insurance companies stock of the entity if the entity is a and and is subject to periodic audits by corporation, (G) Require the Liberty Mutual Asset applicable State insurance regulators in (B) The capital interest or the profits Manager to keep records of any accordance with the requirements of interest of the entity if the entity is a violations of applicable law and of any applicable state law, which, under partnership, or actions taken against the violators; current law, would be no less than once (C) The beneficial interest of the (k) The Liberty Mutual Asset Manager every five years; entity if the entity is a trust or must act in the Best Interest of the (3) Has any arrangements between it unincorporated enterprise; and Liberty Mutual Plan at the time of the and any Liberty Mutual Plan reviewed (2) A person is considered to own an transaction. For purposes of this by the applicable State insurance interest if, other than in a fiduciary paragraph, a Liberty Mutual Asset regulators, including any investment capacity, the person has or shares the Manager acts in the ‘‘Best Interest’’ of management agreements (or revisions authority— the Liberty Mutual Plan when the thereto) with the Liberty Mutual Plan (A) To exercise any voting rights or to Liberty Mutual Asset Manager acts with and sub-advisor agreements with any direct some other person to exercise the the care, skill, prudence, and diligence other Liberty Mutual Asset Managers, voting rights relating to such interest, or under the circumstances then prevailing the results of which will be made (B) To dispose or to direct the that a prudent person acting in a like available without limitation to the disposition of such interest; and capacity and familiar with such matters independent auditor conducting the (3) The term ‘‘control’’ means the would use in the conduct of an audit required under Section I(i); power to exercise a controlling enterprise of a like character and with (4) As of the last day of its most recent influence over the management or like aims, based on the investment fiscal year, has under its management policies of a person other than an objectives, risk tolerance, financial and control total assets in excess of $1 individual; circumstances, and needs of the Liberty billion; and (e) For purposes of this exemption, Mutual Plan, without regard to the (5) Together with its affiliates, the time as of which any transaction financial or other interests of the Liberty maintains Liberty Mutual Plans holding occurs is the date upon which the Mutual Asset Manager, any affiliate or aggregate assets of at least $500 million transaction is entered into. In addition, other party; as of the last day of each Liberty Mutual in the case of a transaction that is (l) The Liberty Mutual Asset Plan’s reporting year; continuing, the transaction shall be Manager’s statements about material (b) For purposes of Sections II(a) and deemed to occur until it is terminated. conflicts of interest and any other II(h), an ‘‘affiliate’’ of a Liberty Mutual Nothing in this paragraph shall be matters relevant to the Liberty Mutual Asset Manager means a member of construed as exempting a transaction Asset Manager’s relationship with the either (1) a controlled group of entered into by a plan which becomes Liberty Mutual Plan, are not materially corporations (as defined in section a transaction described in section 406 of misleading at the time they are made. 414(b) of the Code) of which the Liberty ERISA or section 4975 of the Code while For purposes of this paragraph, a Mutual Asset Manager is a member, or the transaction is continuing, unless the ‘‘material conflict of interest’’ exists (2) a group of trades or businesses under conditions of the exemption were met when a Liberty Mutual Asset Manager common control (as defined in section either at the time the transaction was has a financial interest that a reasonable 414(c) of the Code) of which the Liberty entered into or at the time the person would conclude could affect the Mutual Asset Manager is a member; transaction would have become

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prohibited but for this exemption. In certain required notices or information Section II: Specific Conditions determining compliance with the to the Second Fiduciary. (a)(1) Each Client Plan which is conditions of the exemption at the time Accordingly, after giving full invested directly in shares of an that the transaction was entered into for consideration to the entire record, the Affiliated Fund either: purposes of the preceding sentence, Department has decided to grant the (i) Does not pay to Russell Section I(e) will be deemed satisfied if exemption. The complete application Investments, for the entire period of the transaction was entered into file (Application No. D–11916), such investment, any investment between a Liberty Mutual Plan and a including all supplemental submissions management fee, any investment person who was not then a party in received by the Department, is available advisory fee, or any similar fee at the interest; for public inspection in the Public plan-level (the Plan-Level Management (f) The term ‘‘LMGAMI’’ means Disclosure Room of the Employee Fee), as defined below in Section IV(m), Liberty Mutual Group Asset Benefits Security Administration, Room with respect to any of the assets of such Management Inc., a separate investment N–1515, U.S. Department of Labor, 200 Client Plan which are invested directly management subsidiary of Liberty Constitution Avenue NW, Washington, in shares of such Affiliated Fund; or Mutual; DC 20210. (ii) Pays to Russell Investments a (g) The term ‘‘Liberty Mutual’’ means For a more complete statement of the Plan-Level Management Fee, based on Liberty Mutual Insurance Company; and facts and representations supporting the total assets of such Client Plan under (h) The term ‘‘Liberty Mutual Plan’’ Department’s decision to grant this management by Russell Investments at means the Liberty Mutual Retirement exemption, refer to the notice of the plan-level, from which a credit has Benefit Plan and any other employee proposed exemption published on been subtracted from such Plan-Level benefit plan subject to the fiduciary August 3, 2017, at 82 FR 36224. Management Fee, where the amount responsibility provisions of Part IV of Exemption subtracted represents such Client Plan’s Title I of ERISA maintained by Liberty pro rata share of any investment Mutual or an affiliate of Liberty Mutual, Section I: Covered Transactions advisory fee and any similar fee (the and covering the employees of such Affiliated Fund Level Advisory Fee), as entities. The restrictions of sections 406(a)(1)(D) and 406(b) of the Act (or defined below in Section IV(o), paid by Effective Date: This exemption is ERISA) and the sanctions resulting from such Affiliated Fund to Russell effective as of the date that a final notice the application of section 4975 of the Investments. of granted exemption is published in the Code, by reason of sections If, during any fee period, in the case Federal Register. 4975(c)(1)(D) through (F) of the Code,4 of a Client Plan invested directly in FOR FURTHER INFORMATION CONTACT: shall not apply to: (a) The receipt of a shares of an Affiliated Fund, such Client Scott Ness of the Department, telephone fee by Russell Investments, from an Plan has prepaid its Plan Level (202) 693–8561. (This is not a toll-free open-end investment company or open- Management Fee, and such Client Plan number.) end investment companies (Affiliated purchases shares of an Affiliated Fund directly, the requirement of this Section Russell Investment Management, LLC Fund(s)), in connection with the direct investment in shares of any such II(a)(1)(ii) shall be deemed met with (RIM), Russell Investments Capital, LLC respect to such prepaid Plan-Level (RiCap), and Their Affiliates Affiliated Fund, by an employee benefit plan or by employee benefit plans Management Fee, if, by a method (Collectively, Russell Investments or the reasonably designed to accomplish the Applicants) Located in Seattle, WA (Client Plan(s)), where Russell Investments serves as a fiduciary with same, the amount of the prepaid Plan- [Prohibited Transaction Exemption 2018–03; respect to such Client Plan, and where Level Management Fee that constitutes Exemption Application No. D–11916] Russell Investments: (1) Provides the fee with respect to the assets of such Written Comments investment advisory services, or similar Client Plan invested directly in shares of services to any such Affiliated Fund; an Affiliated Fund: The Department invited all interested and (2) provides to any such Affiliated (A) Is anticipated and subtracted from persons to submit written comments Fund other services (Secondary the prepaid Plan-Level Management Fee and/or requests for a public hearing Service(s)); and (b) In connection with at the time of the payment of such fee; with respect to the notice of proposed the indirect investment by a Client Plan or exemption, published on August 3, in shares of an Affiliated Fund through (B) Is returned to such Client Plan, no 2017, at 82 FR 36224. All comments and investment in a pooled investment later than during the immediately requests for public hearing were due by vehicle or pooled investment vehicles following fee period; or September 18, 2017. (Collective Fund(s)), where Russell (C) Is offset against the Plan-Level Subsequent to the publication of the Investments serves as a fiduciary with Management Fee for the immediately proposed exemption, the Applicants respect to such Client Plan, the receipt following fee period or for the fee period informed the Department, in a of fees by Russell Investments from: (1) immediately following thereafter. memorandum dated October 26, 2017, For purposes of Section II(a)(1)(ii), a An Affiliated Fund for the provision of that there were no interested persons to Plan-Level Management Fee shall be investment advisory services, or similar whom notice of the proposed exemption deemed to be prepaid for any fee period, services by Russell Investments to any could be provided. Therefore, this final if the amount of such Plan-Level such Affiliated Fund; and (2) an exemption is now effective as of the Management Fee is calculated as of a Affiliated Fund for the provision of date this grant notice is published in the date not later than the first day of such Secondary Services by Russell Federal Register. The Department has period. Investments to any such Affiliated also clarified subparagraphs (j)(1)(3)(ii), (2) Each Client Plan invested in a Fund. (k)(3), and (l)(2) of Section II to more Collective Fund the assets of which are clearly express the requirement that not invested in shares of an Affiliated 4 For purposes of this exemption reference to negative consent will not occur until at specific provisions of Title I of the Act, unless Fund: least thirty days have passed from the otherwise specified, should be read to refer as well (i) Does not pay to Russell date that Russell Investments provides to the corresponding provisions of the Code. Investments for the entire period of such

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investment any Plan-Level Management where the amount subtracted represents advisory fee paid to Russell Investments Fee with respect to any assets of such such Client Plan’s pro rata share of any by such Affiliated Fund. For purposes of Client Plan invested in such Collective Affiliated Fund-Level Advisory Fee paid this paragraph, the ‘‘gross’’ advisory fee Fund. to Russell Investments by such is the amount paid to Russell The requirements of this Section Affiliated Fund; and does not pay to Investments by such Affiliated Fund, II(a)(2)(i) do not preclude the payment Russell Investments for the entire period including the amount paid by such of a Collective Fund-Level Management of such investment any Plan-Level Affiliated Fund to sub-advisers. Fee by such Collective Fund to Russell Management Fee with respect to any (b) The purchase price paid and the Investments, based on the assets of such assets of such Client Plan invested in sales price received by a Client Plan for Client Plan invested in such Collective such Collective Fund; or shares in an Affiliated Fund purchased Fund; or (iii) Pays to Russell Investments a or sold directly, and the purchase price (ii) Does not pay to Russell Plan-Level Management Fee, in paid and the sales price received by a Investments for the entire period of such accordance with Section II(a)(2)(ii) Client Plan for shares in an Affiliated investment any Collective Fund-Level above, based on the total assets of such Fund purchased or sold indirectly Management Fee with respect to any Client Plan under management by through a Collective Fund, is the net assets of such Client Plan invested in Russell Investments at the plan-level, asset value per share (NAV), as defined such Collective Fund. from which a credit has been subtracted below in Section IV(f), at the time of the The requirements of this Section from such Plan-Level Management Fee, transaction, and is the same purchase II(a)(2)(ii) do not preclude the payment where the amount subtracted represents price that would have been paid and the of a Plan-Level Management Fee by such Client Plan’s pro rata share of any same sales price that would have been such Client Plan to Russell Investments, Affiliated Fund-Level Advisory Fee paid received for such shares by any other based on total assets of such Client Plan to Russell Investments by such shareholder of the same class of shares under management by Russell Affiliated Fund; and does not pay in such Affiliated Fund at that time.5 Investments at the plan-level; or directly to Russell Investments or (c) Russell Investments, including any (iii) Such Client Plan pays to Russell indirectly to Russell Investments officer and any director of Russell Investments a Plan-Level Management through the Collective Fund for the Investments, does not purchase any Fee, based on total assets of such Client entire period of such investment any shares of an Affiliated Fund from, and Plan under management by Russell Collective Fund-Level Management Fee does not sell any shares of an Affiliated Investments at the plan-level, from with respect to any assets of such Client Fund to, any Client Plan which invests which a credit has been subtracted from Plan invested in such Collective Fund; directly in such Affiliated Fund, and such Plan-Level Management Fee (the or Russell Investments, including any ‘‘Net’’ Plan-Level Management Fee), (iv) Pays to Russell Investments a officer and director of Russell where the amount subtracted represents ‘‘Net’’ Plan-Level Management Fee, in Investments, does not purchase any such Client Plan’s pro rata share of any accordance with Section II(a)(2)(iii) shares of any Affiliated Fund from, and Collective Fund-Level Management Fee above, from which a further credit has does not sell any shares of an Affiliated paid by such Collective Fund to Russell been subtracted from such ‘‘Net’’ Plan- Fund to, any Collective Fund in which Investments. Level Management Fee, where the a Client Plan invests indirectly in shares The requirements of this Section amount of such further credit which is of such Affiliated Fund. II(a)(2)(iii) do not preclude the payment subtracted represents such Client Plan’s (d) No sales commissions, no of a Collective Fund-Level Management pro rata share of any Affiliated Fund- redemption fees, and no other similar Fee by such Collective Fund to Russell Level Advisory Fee paid to Russell fees are paid in connection with any Investments, based on the assets of such Investments by such Affiliated Fund. purchase and in connection with any Client Plan invested in such Collective Provided that the conditions of this sale by a Client Plan directly in shares Fund. proposed exemption are satisfied, the of an Affiliated Fund, and no sales (3) Each Client Plan invested in a requirements of Section II(a)(1)(i)–(ii) commissions, no redemption fees, and Collective Fund, the assets of which are and Section II(a)(3)(i)–(iv) do not no other similar fees are paid by a invested in shares of an Affiliated Fund: preclude the payment of an Affiliated Collective Fund in connection with any (i) Does not pay to Russell Fund-Level Advisory Fee by an purchase, and in connection with any Investments for the entire period of such Affiliated Fund to Russell Investments sale, of shares in an Affiliated Fund by investment any Plan-Level Management under the terms of an investment a Client Plan indirectly through such Fee (including any ‘‘Net’’ Plan-Level advisory agreement adopted in Collective Fund. However, this Section Management Fee, as described, above, accordance with section 15 of the II(d) does not prohibit the payment of a in Section II(a)(2)(ii)), and does not pay Investment Company Act of 1940 (the redemption fee, if: directly to Russell Investments or Investment Company Act). Further, the (1) Such redemption fee is paid only indirectly to Russell Investments requirements of Section II(a)(1)(i)–(ii) to an Affiliated Fund; and through the Collective Fund for the and Section II(a)(3)(i)–(iv) do not (2) The existence of such redemption entire period of such investment any preclude the payment of a fee by an fee is disclosed in the summary Collective Fund-Level Management Fee Affiliated Fund to Russell Investments prospectus for such Affiliated Fund in with respect to the assets of such Client for the provision by Russell Investments effect both at the time of any purchase Plan which are invested in such of Secondary Services to such Affiliated of shares in such Affiliated Fund and at Affiliated Fund; or Fund under the terms of a duly adopted the time of any sale of such shares. (ii) Pays indirectly to Russell agreement between Russell Investments (e) The combined total of all fees Investments a Collective Fund-Level and such Affiliated Fund. received by Russell Investments is not Management Fee, in accordance with For the purpose of Section II(a)(1)(ii) in excess of reasonable compensation Section II(a)(2)(i) above, based on the and Section II(a)(3)(ii)–(iv), in total assets of such Client Plan invested calculating a Client Plan’s pro rata share 5 The selection of a particular class of shares of an Affiliated Fund as an investment for a Client in such Collective Fund, from which a of an Affiliated Fund-Level Advisory Plan indirectly through a Collective Fund is a credit has been subtracted from such Fee, Russell Investments must use an fiduciary decision that must be made in accordance Collective Fund-Level Management Fee, amount representing the ‘‘gross’’ with the provisions of section 404(a) of the Act.

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within the meaning of section 408(b)(2) invested directly in shares of such information regarding the transactions of the Act, for services provided: Affiliated Fund, and if so, the nature of which are the subject of this proposed (1) By Russell Investments to each such limitations; and exemption; and Client Plan; (v) Upon the request of the Second (vi) A copy of the organizational (2) By Russell Investments to each Fiduciary acting on behalf of such documents of such Collective Fund Collective Fund in which a Client Plan Client Plan, a copy of the notice of which expressly provide for the invests; proposed exemption, a copy of the final addition of one or more Affiliated Funds (3) By Russell Investments to each exemption, if granted, and any other to the portfolio of such Collective Fund. Affiliated Fund in which a Client Plan reasonably available information (3) In the case of a Client Plan whose invests directly in shares of such regarding the transactions which are the assets are proposed to be invested in a Affiliated Fund; and subject of this proposed exemption. Collective Fund before such Collective (4) By Russell Investments to each (2) In the case of a Client Plan whose Fund has begun investing in shares of Affiliated Fund in which a Client Plan assets are proposed to be invested in a any Affiliated Fund, a Second invests indirectly in shares of such Collective Fund after such Collective Fiduciary, acting on behalf of such Affiliated Fund through a Collective Fund has begun investing in shares of Client Plan, receives, in writing, in Fund. an Affiliated Fund, a Second Fiduciary, advance of any investment by such (f) Russell Investments does not acting on behalf of such Client Plan, Client Plan in such Collective Fund, a receive any fees payable pursuant to receives, in writing, in advance of any full and detailed disclosure via first Rule 12b–1 under the Investment investment by such Client Plan in such class mail or via personal delivery (or, Company Act in connection with the Collective Fund, a full and detailed if the Second Fiduciary consents to such transactions covered by this proposed disclosure via first class mail or via means of delivery through electronic exemption; personal delivery (or, if the Second email, in accordance with Section II(q), (g) No Client Plan is an employee Fiduciary consents to such means of as set forth below) of information, benefit plan sponsored or maintained by delivery, through electronic email, in concerning such Collective Fund, Russell Investments. accordance with Section II(q), as set including but not limited to, the items (h)(1) In the case of a Client Plan forth below) of information concerning listed below: investing directly in shares of an such Collective Fund and information (i) A statement describing the fees, Affiliated Fund, a second fiduciary (the concerning each such Affiliated Fund in including the nature and extent of any Second Fiduciary), as defined below in which such Collective Fund is invested, differential between the rates of such Section IV(h), acting on behalf of such including but not limited to the items fees for all fees to be charged by Russell Client Plan, receives, in writing, in listed, below: Investments to such Client Plan and to advance of any investment by such (i) A current summary prospectus such Collective Fund and all other fees Client Plan directly in shares of such issued by each such Affiliated Fund; to be paid to Russell Investments by Affiliated Fund, a full and detailed (ii) A statement describing the fees, such Client Plan, and by such Collective disclosure via first class mail or via including the nature and extent of any Fund; personal delivery of (or, if the Second differential between the rates of such (ii) Upon the request of the Second Fiduciary consents to such means of fees for: Fiduciary, acting on behalf of such delivery, through electronic email, in (A) Investment advisory and similar Client Plan, a copy of the Notice, a copy accordance with Section II(q), as set services to be paid to Russell of the final exemption, if granted, and forth below) information concerning Investments by each Affiliated Fund; any other reasonably available such Affiliated Fund, including but not (B) Secondary Services to be paid to information regarding the transactions limited to the items listed below: Russell Investments by each such which are the subject of this proposed (i) A current summary prospectus Affiliated Fund; and exemption; and issued by each such Affiliated Fund; (C) All other fees to be charged by (iii) A copy of the organizational (ii) A statement describing the fees, Russell Investments to such Client Plan, documents of such Collective Fund including the nature and extent of any to such Collective Fund, and to each which expressly provide for the differential between the rates of such such Affiliated Fund and all other fees addition of one or more Affiliated Funds fees for: to be paid to Russell Investments by to the portfolio of such Collective Fund. (A) Investment advisory and similar such Client Plan, by such Collective (i) On the basis of the information, services to be paid to Russell Fund, and by each such Affiliated Fund; described above in Section II(h), a Investments by each Affiliated Fund; (iii) The reasons why Russell Second Fiduciary, acting on behalf of a (B) Secondary Services to be paid to Investments may consider investment Client Plan: Russell Investments by each such by such Client Plan in shares of each (1) Authorizes in writing the Affiliated Fund; and such Affiliated Fund indirectly through investment of the assets of such Client (C) All other fees to be charged by such Collective Fund to be appropriate Plan, as applicable: Russell Investments to such Client Plan for such Client Plan; (i) Directly in shares of an Affiliated and to each such Affiliated Fund and all (iv) A statement describing whether Fund; other fees to be paid to Russell there are any limitations applicable to (ii) Indirectly in shares of an Investments by each such Client Plan Russell Investments with respect to Affiliated Fund through a Collective and by each such Affiliated Fund; which assets of such Client Plan may be Fund where such Collective Fund has (iii) The reasons why Russell invested indirectly in shares of each already invested in shares of an Investments may consider investment such Affiliated Fund through such Affiliated Fund; and directly in shares of such Affiliated Collective Fund, and if so, the nature of (iii) In a Collective Fund which is not Fund by such Client Plan to be such limitations; yet invested in shares of an Affiliated appropriate for such Client Plan; (v) Upon the request of the Second Fund but whose organizational (iv) A statement describing whether Fiduciary, acting on behalf of such document expressly provides for the there are any limitations applicable to Client Plan, a copy of the Notice, a copy addition of one or more Affiliated Funds Russell Investments with respect to of the final exemption, if granted, and to the portfolio of such Collective Fund; which assets of such Client Plan may be any other reasonably available and

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(2) Authorizes in writing, as pursuant to Section II(l) below, then a of intent to terminate such Client Plan’s applicable: Termination Form need not be provided investment in such Affiliated Fund, (i) The Affiliated Fund-Level pursuant to this Section II(j), until at such Client Plan will not be subject to Advisory Fee received by Russell least six (6) months, but no more than pay a pro rata share of any Affiliated Investments for investment advisory twelve (12) months, have elapsed, since Fund-Level Advisory Fee and will not services and similar services provided the prior Termination Form was be subject to pay any fees for Secondary by Russell Investments to such provided; Services paid to Russell Investments by Affiliated Fund; (3) The instructions for the such Affiliated Fund, or any other fees (ii) The fee received by Russell Termination Form must include the or charges; Investments for Secondary Services following statements: (ii)(A) In the case of a Client Plan provided by Russell Investments to such (i) Any authorization, described above which invests in a Collective Fund, the Affiliated Fund; in Section II(i), and any authorization termination will be implemented by the (iii) The Collective Fund-Level made pursuant to negative consent, as withdrawal of such Client Plan from all Management Fee received by Russell described below in Section II(k) or in investments in such affected Collective, Investments for investment Section II(l), is terminable at will by a and such withdrawal will be management, investment advisory, and Second Fiduciary, acting on behalf of a implemented by Russell Investments similar services provided by Russell Client Plan, without penalty to such within such time as may be necessary Investments to such Collective Fund in Client Plan, upon receipt by Russell for withdrawal in an orderly manner which such Client Plan invests; Investments via first class mail or via that is equitable to the affected (iv) The Plan-Level Management Fee personal delivery or via electronic email withdrawing Client Plan and to all non- received by Russell Investments for of the Termination Form, or some other withdrawing Client Plans, but in no investment management and similar written notification of the intent of such event shall such withdrawal be services provided by Russell Second Fiduciary to terminate such implemented by Russell Investments Investments to such Client Plan at the authorization; more than five business (5) days after plan-level; and (ii) As of the date that is at least thirty the day Russell Investments receives (v) The selection by Russell (30) days from the date that Russell from the Second Fiduciary, acting on Investments of the applicable fee Investments sends the Termination behalf of such withdrawing Client Plan, method, as described above in Section Form to such Second Fiduciary, the a Termination Form or receives some II(a)(1)–(3). failure by such Second Fiduciary to other written notification of intent to All authorizations made by a Second return such Termination Form or the terminate the investment of such Client Fiduciary pursuant to this Section II(i) failure by such Second Fiduciary to Plan in such Collective Fund, unless must be consistent with the provide some other written notification such withdrawal is otherwise prohibited responsibilities, obligations, and duties of the Client Plan’s intent to terminate by a governmental entity with imposed on fiduciaries by Part 4 of Title any authorization, described in Section jurisdiction over the Collective Fund, or I of the Act; II(i), or intent to terminate any the Second Fiduciary fails to instruct (j)(1) Any authorization, described authorization made pursuant to negative Russell Investments as to where to above in Section II(i), and any consent, as described below in Section reinvest or send the withdrawal authorization made pursuant to negative II(k) or in Section II(l), will be deemed proceeds; and consent, as described below in Section to be an approval by such Second (B) From the date Russell Investments II(k) and in Section II(l), made by a Fiduciary; receives from a Second Fiduciary, acting Second Fiduciary, acting on behalf of a (4) In the event that a Second on behalf of a Client Plan, that invests Client Plan, shall be terminable at will Fiduciary, acting on behalf of a Client in a Collective Fund, a Termination by such Second Fiduciary, without Plan, at any time returns a Termination Form or receives some other written penalty to such Client Plan (including Form or returns some other written notification of intent to terminate such any fee or charge related to such notification of intent to terminate any Client Plan’s investment in such penalty), upon receipt by Russell authorization, as described above in Collective Fund, such Client Plan will Investments via first class mail, via Section II(i), or intent to terminate any not be subject to pay a pro rata share of personal delivery, or via electronic authorization made pursuant to negative any fees arising from the investment by email of a written notification of the consent, as described below in Section such Client Plan in such Collective intent of such Second Fiduciary to II(k) or in Section II(l); Fund, including any Collective Fund- terminate any such authorization; (i)(A) In the case of a Client Plan Level Management Fee, nor will such (2) A form (the Termination Form), which invests directly in shares of an Client Plan be subject to any other expressly providing an election to Affiliated Fund, the termination will be charges to the portfolio of such terminate any authorization, described implemented by the withdrawal of all Collective Fund, including a pro rata above in Section II(i), or to terminate investments made by such Client Plan share of any Affiliated Fund-Level any authorization made pursuant to in the affected Affiliated Fund, and such Advisory Fee and any fee for Secondary negative consent, as described below in withdrawal will be effected by Russell Services arising from the investment by Section II(k) and in Section II(l), with Investments within one (1) business day such Collective Fund in an Affiliated instructions on the use of such of the date that Russell Investments Fund. Termination Form, must be provided to receives such Termination Form or (k)(1) Russell Investments, at least such Second Fiduciary at least annually, receives from the Second Fiduciary, thirty (30) days in advance of the either in writing via first class mail or acting on behalf of such Client Plan, implementation of each fee increase via personal delivery (or if such Second some other written notification of intent (Fee Increase(s)), as defined below in Fiduciary consents to such means of to terminate any such authorization; Section IV(l), must provide in writing delivery through electronic email, in (B) From the date a Second Fiduciary, via first class mail or via personal accordance with Section II(q), as set acting on behalf of a Client Plan that delivery (or if the Second Fiduciary forth below). However, if a Termination invests directly in shares of an Affiliated consents to such means of delivery Form has been provided to such Second Fund, returns a Termination Form or through electronic email, in accordance Fiduciary pursuant to Section II(k) or returns some other written notification with Section II(q), as set forth below), a

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notice of change in fees (the Notice of terminates any authorization, as II(h)(3)(iii), and which has authorized Change in Fees) (which may take the described above in Section II(i), or investment by such Client Plan in a form of a proxy statement, letter, or terminates, any negative consent Collective Fund, in accordance with similar communication which is authorization, as described in Section Section II(i)(1)(iii) above, the separate from the summary prospectus II(k) or in Section II(l); or authorization pursuant to negative of such Affiliated Fund) and which (B) The 30th day after the day that consent in accordance with this Section explains the nature and the amount of Russell Investments delivers to the II(l), applies to: such Fee Increase to the Second Second Fiduciary of each affected Client (1) The purchase, as an addition to the Fiduciary of each affected Client Plan. Plan, the Notice of Change of Fees, portfolio of such Collective Fund, of Such Notice of Change in Fees shall be described in Section II(k)(1), shares of an Affiliated Fund (a New accompanied by a Termination Form accompanied by the Termination Form Affiliated Fund) where such New and by instructions on the use of such and instructions on the use of such Affiliated Fund has not been previously Termination Form, as described above Termination Form, as described above authorized pursuant to Section in Section II(j)(3); in Section II(j)(3); II(i)(1)(ii), or, as applicable, Section (2) Subject to the crediting, interest- (iv) Interest on the credit in cash is II(i)(1)(iii), and such Collective Fund payback, and other requirements below, calculated at the prevailing Federal may commence investing in such New for each Client Plan affected by a Fee funds rate plus two percent (2%) for the Affiliated Fund without further written Increase, Russell Investments may period from the day Russell Investments authorization from the Second implement such Fee Increase without first implements the Fee Increase to the Fiduciary of each Client Plan invested waiting for the expiration of the 30-day date Russell Investments pays such in such Collective Fund, provided that: period, described above in Section credit in cash, with interest thereon, to (i) The organizational documents of II(k)(1), provided Russell Investments each affected Client Plan; such Collective Fund expressly provide (v) An independent accounting firm does not begin implementation of such for the addition of one or more (the Auditor) at least annually audits the Fee Increase before the first day of the Affiliated Funds to the portfolio of such payments made by Russell Investments 30-day period, described above in Collective Fund, and such documents to each affected Client Plan, audits the Section II(k)(1), and provided further were disclosed in writing via first class that the following conditions are amount of each cash credit, plus the interest thereon, paid to each affected mail or via personal delivery (or, if the satisfied: Second Fiduciary consents to such (i) Russell Investments delivers, in the Client Plan, and verifies that each means of delivery, through electronic manner described in Section II(k)(1), to affected Client Plan received the correct email, in accordance with Section II(q)) the Second Fiduciary for each affected amount of cash credit and the correct to the Second Fiduciary of each such Client Plan, the Notice of Change of amount of interest thereon; Client Plan invested in such Collective Fees, as described in Section II(k)(1), (vi) Such Auditor issues an audit Fund, in advance of any investment by accompanied by the Termination Form report of its findings no later than six (6) such Client Plan in such Collective and by instructions on the use of such months after the period to which such Fund; Termination Form, as described above audit report relates, and provides a copy (ii) At least thirty (30) days in advance in Section II(j)(3); of such audit report to the Second (ii) Each affected Client Plan receives Fiduciary of each affected Client Plan; of the purchase by a Client Plan of from Russell Investments a credit in and shares of such New Affiliated Fund cash equal to each such Client Plan’s (3) As of the date that is at least thirty indirectly through a Collective Fund, pro rata share of such Fee Increase to be (30) days from the date that Russell Russell Investments provides, either in received by Russell Investments for the Investments sends to the Second writing via first class or via personal period from the date of the Fiduciary of each affected Client Plan delivery (or if the Second Fiduciary implementation of such Fee Increase to the Notice of Change of Fees and the consents to such means of delivery the earlier of: Termination Form, the failure by such through electronic email, in accordance (A) The date when an affected Client Second Fiduciary to return such with Section II(q)) to the Second Plan, pursuant to Section II(j), Termination Form and the failure by Fiduciary of each Client Plan having an terminates any authorization, as such Second Fiduciary to provide some interest in such Collective Fund, full described above in Section II(i), or other written notification of the Client and detailed disclosures about such terminates any negative consent Plan’s intent to terminate the New Affiliated Fund, including but not authorization, as described in Section authorization, described in Section II(i), limited to: II(k) or in Section II(l); or or to terminate the negative consent (A) A notice of Russell Investments’ (B) The 30th day after the day that authorization, as described in Section intent to add a New Affiliated Fund to Russell Investments delivers to the II(k) or in Section II(l), will be deemed the portfolio of such Collective Fund, Second Fiduciary of each affected Client to be an approval by such Second where such notice may take the form of Plan the Notice of Change of Fees, Fiduciary of such Fee Increase. a proxy statement, letter, or similar described in Section II(k)(1), (l) Effective upon the date that the communication that is separate from the accompanied by the Termination Form final exemption is granted, in the case summary prospectus of such New and by the instructions on the use of of (a) a Client Plan which has received Affiliated Fund to the Second Fiduciary such Termination Form, as described the disclosures detailed in Section of each affected Client Plan; above in Section II(j)(3). II(h)(2)(i), II(h)(2)(ii)(A), II(h)(2)(ii)(B), (B) Such notice of Russell (iii) Russell Investments pays to each II(h)(2)(ii)(C), II(h)(2)(iii), II(h)(2)(iv), Investments’ intent to add a New affected Client Plan the cash credit, as II(h)(2)(v), and II(h)(2)(vi), and which Affiliated Fund to the portfolio of such described above in Section II(k)(2)(ii), has authorized the investment by such Collective Fund shall be accompanied with interest thereon, no later than five Client Plan in a Collective Fund in by the information described in Section (5) business days following the earlier accordance with Section II(i)(1)(ii) II(h)(2)(i), II(h)(2)(ii)(A), II(h)(2)(ii)(B), of: above, and (b) a Client Plan which has II(h)(2)(ii)(C), II(h)(2)(iii), II(h)(2)(iv), (A) The date such affected Client received the disclosures detailed in and II(2)(v) with respect to each such Plan, pursuant to Section II(j), Section II(h)(3)(i), II(h)(3)(ii), and New Affiliated Fund proposed to be

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added to the portfolio of such Collective each such Affiliated Fund to brokerage writing via first class mail or via Fund; and firms unrelated to Russell Investments; personal delivery (or if the Second (C) A Termination Form and (3) The average brokerage Fiduciary consents to such means of instructions on the use of such commissions per share, expressed as delivery, through electronic email, in Termination Form, as described in cents per share, paid to Russell accordance with Section II(q), as set Section II(j)(3); and Investments I by each such Affiliated forth below: (2) As of the date that is at least thirty Fund; and (i) Annually, with a copy of the (30) days from the date that Russell (4) The average brokerage current summary prospectus for each Investments sends to the Second commissions per share, expressed as Affiliated Fund in which such Client Fiduciary of each affected Client Plan cents per share, paid by each such Plan invests indirectly in shares of such the information described above in Affiliated Fund to brokerage firms Affiliated Fund through each such Section II(l)(1)(ii), the failure by such unrelated to Russell Investments; Collective Fund; Second Fiduciary to return the (p)(1) Russell Investments provides to (ii) Upon the request of such Second Termination Form or to provide some the Second Fiduciary of each Client Fiduciary, a copy of the statement of other written notification of the Client Plan invested directly in shares of an additional information for each Plan’s intent to terminate the Affiliated Fund with the disclosures, as Affiliated Fund in which such Client authorization described in Section set forth below, and at the times set Plan invests indirectly in shares of such II(i)(1)(ii), or, as appropriate, to forth below in Section II(p)(1)(i), Affiliated Fund through each such terminate the authorization, described II(p)(1)(ii), II(p)(1)(iii), II(p)(1)(iv), and Collective Fund which contains a in Section II(i)(1)(iii), or to terminate II(p)(1)(v), either in writing via first description of all fees paid by such any authorization, pursuant to negative class mail or via personal delivery (or if Affiliated Fund to Russell Investments; consent, as described in this Section the Second Fiduciary consents to such (iii) Annually, with a statement of the II(l), will be deemed to be an approval means of delivery, through electronic Collective Fund-Level Management Fee by such Second Fiduciary of the email, in accordance with Section II(q) for investment management, investment addition of a New Affiliated Fund to the as set forth below): advisory or similar services paid to portfolio of such Collective Fund in (i) Annually, with a copy of the Russell Investments by each such which such Client Plan invests, and will current summary prospectus for each Collective Fund, regardless of whether result in the continuation of the Affiliated Fund in which such Client such Client Plan invests in shares of an authorization of Russell Investments to Plan invests directly in shares of such Affiliated Fund through such Collective engage in the transactions which are the Affiliated Fund; Fund; subject of this proposed exemption with (ii) Upon the request of such Second (iv) A copy of the annual financial respect to such New Affiliated Fund. Fiduciary, a copy of the statement of statement of each such Collective Fund (m) Russell Investments is subject to additional information for each in which such Client Plan invests, the requirement to provide within a Affiliated Fund in which such Client regardless of whether such Client Plan reasonable period of time any Plan invests directly in shares of such invests in shares of an Affiliated Fund reasonably available information Affiliated Fund which contains a through such Collective Fund, within regarding the covered transactions that description of all fees paid by such sixty (60) days of the completion of such the Second Fiduciary of such Client Affiliated Fund to Russell Investments; financial statement; Plan requests Russell Investments to (iii) With regard to any Fee Increase (v) With regard to any Fee Increase provide. received by Russell Investments received by Russell Investments (n) All dealings between a Client Plan pursuant to Section II(k)(2), a copy of pursuant to Section II(k)(2), a copy of and an Affiliated Fund, including all the audit report referred to in Section the audit report referred to in Section such dealings when such Client Plan is II(k)(2)(v) within sixty (60) days of the II(k)(2)(v) within sixty (60) days of the invested directly in shares of such completion of such audit report; completion of such audit report; Affiliated Fund and when such Client (iv) Oral or written responses to the (vi) Oral or written responses to the Plan is invested indirectly in such inquiries posed by the Second Fiduciary inquiries posed by the Second Fiduciary shares of such Affiliated Fund through of such Client Plan, as such inquiries of such Client Plan as such inquiries a Collective Fund, are on a basis no less arise; and arise; favorable to such Client Plan, than (v) Annually, with a Termination (vii) For each Client Plan invested dealings between such Affiliated Fund form, as described in Section II(j)(1), indirectly in shares of an Affiliated and other shareholders of the same class and instructions on the use of such Fund through a Collective Fund, a of shares in such Affiliated Fund. form, as described in Section II(j)(3), statement of the approximate percentage (o) In the event a Client Plan invests except that if a Termination Form has (which may be in the form of a range) directly in shares of an Affiliated Fund, been provided to such Second on an annual basis of the assets of such and, as applicable, in the event a Client Fiduciary, pursuant to Section II(k) or Collective Fund that was invested in Plan invests indirectly in shares of an pursuant to Section II(l), then a Affiliated Funds during the applicable Affiliated Fund through a Collective Termination Form need not be provided year; and Fund, if such Affiliated Fund places again pursuant to this Section II(p)(1)(v) (viii) Annually, with a Termination brokerage transactions with Russell until at least six (6) months but no more Form, as described in Section II(j)(1), Investments, Russell Investments will than twelve (12) months have elapsed and instructions on the use of such provide to the Second Fiduciary of each since a Termination Form was provided. form, as described in Section II(j)(3), such Client Plan, so invested, at least (2) Russell Investments provides to except that if a Termination Form has annually a statement specifying: the Second Fiduciary of each Client been provided to such Second (1) The total, expressed in dollars, of Plan invested in a Collective Fund, with Fiduciary, pursuant to Section II(k) or brokerage commissions that are paid to the disclosures, as set forth below, and pursuant to Section II(l), then a Russell Investments by each such at the times set forth below in Section Termination Form need not be provided Affiliated Fund; II(p)(2)(i), II(p)(2)(ii), II(p)(2)(iii), again pursuant to this Section (2) The total, expressed in dollars, of II(p)(2)(iv), II(p)(2)(v), II(p)(2)(vi), II(p)(2)(viii) until at least six (6) months brokerage commissions that are paid by II(p)(2)(vii), and II(p)(2)(viii), either in but no more than twelve (12) months

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have elapsed since a Termination Form Client Plan does not exceed reasonable Client Plan who has the authority to was provided. compensation within the meaning of acquire or to dispose of the interest in (q) Any disclosure required herein to section 408(b)(2) of the Act; and (3) a Collective Fund in which a Client Plan be made by Russell Investments to a Russell Investments’ statements about invests, any fiduciary of a Client Plan Second Fiduciary may be delivered by recommended investments, fees, invested indirectly in an Affiliated Fund electronic email containing direct material conflicts of interest,6 and any through a Collective Fund where such hyperlinks to the location of each such other matters relevant to a Client Plan’s fiduciary has the authority to acquire or document required to be disclosed, investment decisions are not materially to dispose of the interest in such which are maintained on a website by misleading at the time they are made. Collective Fund, and any duly Russell Investments, provided: For purposes of this section, Russell authorized employee or representative (1) Russell Investments obtains from Investments acts in the ‘‘Best Interest’’ of such fiduciary; and such Second Fiduciary prior consent in of the Client Plan when Russell (iii) Any participant or beneficiary of writing to the receipt by such Second Investments acts with the care, skill, a Client Plan invested directly in shares Fiduciary of such disclosure via prudence, and diligence under the of an Affiliated Fund or invested in a electronic email; circumstances then prevailing that a Collective Fund, and any participant or (2) Such Second Fiduciary has prudent person would exercise based on beneficiary of a Client Plan invested provided to Russell Investments a valid the investment objectives, risk indirectly in shares of an Affiliated email address; and tolerance, financial circumstances, and Fund through a Collective Fund, and (3) The delivery of such electronic needs of the plan or IRA, without regard any representative of such participant or email to such Second Fiduciary is to the financial or other interests of the beneficiary; and provided by Russell Investments in a fiduciary, any affiliate or other party. (2) None of the persons described in manner consistent with the relevant provisions of the Department’s Section III. General Conditions Section III(b)(1)(ii) and (iii) shall be regulations at 29 CFR 2520.104b-1(c) authorized to examine trade secrets of (a) Russell Investments maintains for Russell Investments, or commercial or (substituting the word ‘‘Russell a period of six (6) years the records Investments’’ for the word financial information which is necessary to enable the persons, privileged or confidential. ‘‘administrator’’ as set forth therein, and described below in Section III(b), to substituting the phrase ‘‘Second determine whether the conditions of Section IV. Definitions Fiduciary’’ for the phrase ‘‘the this proposed exemption have been met, For purposes of this exemption: participant, beneficiary or other except that: individual’’ as set forth therein). (a) The term ‘‘Russell Investments’’ (1) A prohibited transaction will not (r) The authorizations described in means RIM (f/k/a Russell Investment be considered to have occurred, if solely Sections II(k) or II(l) may be made Management Company), RICap, and any because of circumstances beyond the affirmatively, in writing, by a Second affiliate thereof, as defined below, in control of Russell Investments, the Fiduciary, in a manner that is otherwise Section IV(c). records are lost or destroyed prior to the consistent with the requirements of (b) The term ‘‘Client Plan(s)’’ means a end of the six-year period; and those sections. 401(k) plan(s), an individual retirement (s) All of the conditions of PTE 77– (2) No party in interest other than account(s), other tax-qualified plan(s), 4, as amended and/or restated, are met. Russell Investments shall be subject to and other plan(s) as defined in the Act Notwithstanding this, if PTE 77–4 is the civil penalty that may be assessed and Code, but does not include any amended and/or restated, the under section 502(i) of the Act or to the employee benefit plan sponsored or requirements of paragraph (e) therein taxes imposed by section 4975(a) and (b) maintained by Russell Investments, as will be deemed to be met with respect of the Code, if the records are not defined above in Section IV(a). to authorizations described in Section maintained or are not available for (c) An ‘‘affiliate’’ of a person includes: II(l) above, but only to the extent the examination, as required below by (1) Any person directly or indirectly, requirements of Section II(l) are met. Section III(b). through one or more intermediaries, Similarly, if PTE 77–4 is amended and/ (b)(1) Except as provided in Section controlling, controlled by, or under or restated, the requirements of III(b)(2) and notwithstanding any common control with the person; paragraph (f) therein will be deemed to provisions of section 504(a)(2) of the (2) Any officer, director, employee, be met with respect to authorizations Act, the records referred to in Section relative, or partner in any such person; described in Section II(k) above, if the III(a) are unconditionally available at and requirements of Section II(k) are met. their customary location for (3) Any corporation or partnership of (t) Standards of Impartial Conduct. If examination during normal business which such person is an officer, Russell Investments is a fiduciary hours by: director, partner, or employee. within the meaning of section (i) Any duly authorized employee or (d) The term ‘‘control’’ means the 3(21)(A)(i) or (ii) of the Act, or section representative of the Department or the power to exercise a controlling 4975(e)(3)(A) or (B) of the Code, with Internal Revenue Service, or the influence over the management or respect to the assets of a Client Plan Securities & Exchange Commission; policies of a person other than an involved in the transaction, Russell (ii) Any fiduciary of a Client Plan individual. Investments must comply with the invested directly in shares of an (e) The term ‘‘Affiliated Fund(s)’’ following conditions with respect to the Affiliated Fund, any fiduciary of a means Russell Investment Company, a transaction: (1) Russell Investments acts series of mutual funds managed by RIM, 6 A ‘‘material conflict of interest’’ exists when a and any other diversified open-end in the Best Interest (as defined below, in fiduciary has a financial interest that could affect Section IV(q)) of the Client Plan, at the the exercise of its best judgment as a fiduciary in investment company or companies time of the Transaction; (2) all rendering advice to a Client Plan. For this purpose, registered with the Securities and compensation received by Russell the failure of Russell Investments to disclose a Exchange Commission under the material conflict of interest relevant to the services Investment Company Act, as amended, Investments in connection with the it is providing to a Client Plan, or other actions it transaction in relation to the total is taking in relation to a Client Plan’s investment established and maintained by Russell services the fiduciary provides to the decisions, is deemed to be a misleading statement. Investments now or in the future for

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which Russell Investments serves as an (iii) The choice of such Client Plan’s any investment management services, investment adviser. investment adviser, then Section investment advisory services, and (f) The term ‘‘net asset value per IV(h)(2) above shall not apply. similar services provided by Russell share’’ and the term ‘‘NAV’’ mean the (i) The term ‘‘Secondary Service(s)’’ Investments to such Client Plan at the amount for purposes of pricing all means a service or services other than plan-level. The term ‘‘Plan-Level purchases and sales of shares of an an investment management service, Management Fee’’ does not include a Affiliated Fund, calculated by dividing investment advisory service, and any separate fee paid by a Client Plan to the value of all securities, determined similar service which is provided by Russell Investments for asset allocation by a method as set forth in the summary Russell Investments to an Affiliated service(s) (Asset Allocation Service(s)), prospectus for such Affiliated Fund and Fund, including, but not limited to, as defined below in Section IV(p), in the statement of additional custodial, accounting, administrative provided by Russell Investments to such information, and other assets belonging services, and brokerage services. Russell Client Plan at the plan-level. Investments may also serve as a to such Affiliated Fund or portfolio of (n) The term ‘‘Collective Fund-Level dividend disbursing agent, shareholder such Affiliated Fund, less the liabilities Management Fee’’ includes any servicing agent, transfer agent, fund charged to each such portfolio or each investment management fee, investment accountant, or provider of some other such Affiliated Fund, by the number of advisory fee, and any similar fee paid by Secondary Service, as defined in this outstanding shares. a Collective Fund to Russell (g) The term ‘‘relative’’ means a Section IV(i). (j) The term ‘‘Collective Fund(s)’’ Investments for any investment relative as that term is defined in management services, investment section 3(15) of the Act (or a member of means a separate account of an insurance company, as defined in advisory services, and any similar the family as that term is defined in services provided by Russell section 4975(e)(6) of the Code), or a section 2510.3–101(h)(1)(iii) of the Department’s plan assets regulations,7 Investments to such Collective Fund at brother, a sister, or a spouse of a brother the collective fund level. or a sister. maintained by Russell Investments, and (h) The term ‘‘Second Fiduciary’’ a bank-maintained common or (o) The term ‘‘Affiliated Fund-Level means the fiduciary of a Client Plan collective investment trust maintained Advisory Fee’’ includes any investment who is independent of and unrelated to by Russell Investments. advisory fee and any similar fee paid by Russell Investments. For purposes of (k) The term ‘‘business day’’ means an Affiliated Fund to Russell this proposed exemption, the Second any day that: Investments under the terms of an Fiduciary will not be deemed to be (1) Russell Investments is open for investment advisory agreement adopted independent of and unrelated to Russell conducting all or substantially all of its in accordance with section 15 of the Investments if: business; and Investment Company Act. (2) The New York Stock Exchange (or (1) Such Second Fiduciary, directly or (p) The term ‘‘Asset Allocation any successor exchange) is open for indirectly, through one or more Service(s)’’ means a service or services trading. to a Client Plan relating to the selection intermediaries, controls, is controlled (l) The term ‘‘Fee Increase(s)’’ of appropriate asset classes or target- by, or is under common control with includes any increase by Russell date ‘‘glidepath’’ and the allocation or Russell Investments; Investments in a rate of a fee previously reallocation (including rebalancing) of (2) Such Second Fiduciary, or any authorized in writing by the Second the assets of a Client Plan among the officer, director, partner, employee, or Fiduciary of each affected Client Plan selected asset classes. Such services do relative of such Second Fiduciary, is an pursuant to Section II(i)(2)(i)–(iv) above, not include the management of the officer, director, partner, or employee of and in addition includes, but is not underlying assets of a Client Plan, the Russell Investments (or is a relative of limited to: such person); or (1) Any increase in any fee that results selection of specific funds or manager, (3) Such Second Fiduciary, directly or from the addition of a service for which and the management of the selected indirectly, receives any compensation or a fee is charged; Affiliated Funds or Collective Funds. other consideration for his or her (2) Any increase in any fee that results (q) The term ‘‘Best Interest’’ means personal account in connection with from a decrease in the number of acting with the care, skill, prudence, any transaction described in this services and any increase in any fee that and diligence under the circumstances proposed exemption. results from a decrease in the kind of then prevailing that a prudent person If an officer, director, partner, or service(s) performed by Russell acting in a like capacity and familiar employee of Russell Investments (or Investments for such fee over an with such matters would use in the relative of such person) is a director of existing rate of fee for each such service conduct of an enterprise of a like such Second Fiduciary, and if he or she previously authorized by the Second character and with like aims, based on abstains from participation in: Fiduciary, in accordance with Section the investment objectives, risk (i) The decision of a Client Plan to II(i)(2)(i)–(iv) above; and tolerance, financial circumstances, and invest in and to remain invested in (3) Any increase in any fee that results needs of the plan or IRA, without regard shares of an Affiliated Fund directly, the from Russell Investments changing from to the financial or other interests of decision of a Client Plan to invest in one of the fee methods, as described Russell Investments, any affiliate or shares of an Affiliated Fund indirectly above in Section II(a)(1)–(3), to using other party. through a Collective Fund, and the another of the fee methods, as described Effective Date: This exemption is decision of a Client Plan to invest in a above in Section II(a)(1)–(3). effective as of the date the notice Collective Fund that may in the future (m) The term ‘‘Plan-Level granting the final exemption is invest in shares of an Affiliated Fund; Management Fee’’ includes any published in the Federal Register. (ii) Any authorization in accordance investment management fee, investment with Section II(i), and any advisory fee, and any similar fee paid by FOR FURTHER INFORMATION CONTACT: Mr. authorization, pursuant to negative a Client Plan to Russell Investments for Joseph Brennan of the Department, consent, as described in Section II(k) or telephone (202) 693–8456. (This is not in Section II(l); and 7 51 FR 41262 (November 13, 1986). a toll-free number.)

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Toledo Electrical Joint Apprenticeship total fees paid by the Training Plan for: EXCO Resources, Inc. 401(k) Plan (the & Training Fund (the Training Plan or (i) Independent Fiduciary services; (ii) Plan) Located in Dallas, TX the Applicant) Located in Rossford, Independent Appraiser services; (iii) [Prohibited Transaction Exemption 2018–05; Ohio environmental assessments of the Exemption Application No. D–11821] Property; (iv) feasibility studies of the [Prohibited Transaction Exemption 2018–04; Written Comments Exemption Application No. L–11867] Property; (v) closing costs associated with the Purchase; and (vi) attorney’s In the Notice of Proposed Exemption Written Comments fees. published in the Federal Register on The Department invited all interested (c) The Training Plan trustees, December 30, 2014 at 79 FR 78489 (the persons to submit written comments appointed by Local Union No. 8 of the Notice), the Department invited all and/or requests for a public hearing International Union of Electrical interested persons to submit written with respect to the notice of proposed Workers (the Union), recuse themselves comments and requests for a hearing exemption, published on June 28, 2017, from all aspects relating to the decision within forty-five (45) days of the date of at 82 FR 29336. All comments and to purchase the Property on behalf of the publication. All comments and requests for hearing were due by August the Training Plan; requests for a hearing were due by 14, 2017. During the comment period, (d) With respect to the Purchase, the February 13, 2015. the Department received no written Independent Fiduciary undertakes the During the comment period, the comments and no requests for a public following duties on behalf of the Department received one comment hearing. Training Plan: letter, dated February 10, 2015, and no Accordingly, after giving full (1) Determines whether the Purchase requests for a public hearing. The consideration to the entire record, the is in the interests of, and protective of comment letter was submitted by EXCO Department has decided to grant the the Training Plan and the Training Plan (the Applicant). In the letter, the exemption. The complete application participants; Applicant requests certain clarifications file (Application No. L–11867), (2) Reviews, negotiates, and approves and corrections to the operative including all supplemental submissions the terms and conditions of the language and the Summary of Facts and received by the Department, is available Purchase; Representations (the Summary) of the for public inspection in the Public (3) Reviews and approves the Notice. The Department concurs with Disclosure Room of the Employee methodology used by the Independent all of the Applicant’s clarifications and Benefits Security Administration, Room Appraiser in the Appraisal Report to corrections, which are discussed below. N–1515, U.S. Department of Labor, 200 ensure such methodology is consistent 1. Modification of the Operative Constitution Avenue NW, Washington, with sound principles of valuation, Language. Section II(h) of the operative DC 20210. prior to the consummation of the language states that the Applicant did For a more complete statement of the Purchase; not influence any Invested Participant’s facts and representations supporting the (4) Ensures that the appraisal election with respect to the Rights.’’ In Department’s decision to grant this methodology is properly applied by the its letter, the Applicant states that, exemption, refer to the Notice of Independent Appraiser in determining while it understands the purpose of this Proposed Exemption published on June the fair market value of the Property on language, it believes that the term 28, 2017, at 82 FR 29336. the date of the Purchase, and determines ‘‘influence’’ can be read too broadly whether it is prudent to proceed with Exemption without any qualifiers as to its scope such transaction; and breadth. The Applicant believes a Section I: Covered Transaction (5) Represents the Training Plan’s more narrowly tailored representation is The restrictions of sections interests for all purposes with respect to more appropriate, and proposes the 406(a)(1)(A), 406(a)(1)(D), and 406(b)(1) the Purchase; and following revised Section II(h): ‘‘(h) and 406(b)(2) of the Act (or ERISA) shall (6) Not later than 90 days after the EXCO did not direct or advise any not apply to the Purchase (the Purchase) Purchase is completed, submits a Invested Participant with respect to by the Training Plan of certain written statement to the Department such Invested Participant’s election unimproved real property (the Property) demonstrating that the Purchase has with respect to the Rights.’’ from the International Brotherhood of satisfied the requirements of Section The Department agrees with this Electrical Workers Local Union No. 8 II(b), above; comment and has revised Section II(h) Building Corporation (the Building (e) The Training Plan does not incur of the operative by substituting the word Corporation), a party in interest with any fees, costs, commissions or other ‘‘regarding’’ for the second reference to respect to the Training Plan, provided charges as a result of the Purchase, with the phrase ‘‘with respect to.’’ Therefore, that the conditions set forth below in the exception of the fees reimbursed by the revised condition reads as follows: Section II are satisfied. the Building Corporation, as set forth in ‘‘(h) EXCO did not direct or advise any Section II(b), above; Invested Participant regarding such Section II: Conditions (f) The Purchase is not part of an Invested Participant’s election with (a) The Purchase is a one-time agreement, arrangement, or respect to the Rights.’’ transaction for cash; understanding designed to benefit the 2. Record Date. Representation 6 of (b) The purchase price paid by the Union; and the Summary includes footnote 16, Training Plan to the Building (g) The terms and conditions of the which states, ‘‘[i]t is represented that Corporation is equal to the fair market Purchase are at least as favorable to the there was no material impact to the value of the Property, as determined by Training Plan as those obtainable in an Accounts of Invested Participants as a a qualified independent fiduciary (the arm’s-length transaction with an result of the Record Date being set two Independent Fiduciary), based upon an unrelated party. (2) days after the commencement of the appraisal of the Property (the Appraisal FOR FURTHER INFORMATION CONTACT: Mr. Offering.’’ The Applicant clarifies that it Report) by a qualified independent Joseph Brennan of the Department, believes there was no material impact. appraiser (the Independent Appraiser) telephone (202) 693–8456. (This is not 3. Stock Price as of the on the date of the Purchase, less the a toll-free number.) Commencement Date of the Offering.

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Representation 7 of the Summary states The Make Whole Payment (a) To the acquisition of certain that, on the Commencement Date of the To ensure that the Rights Offering was transferable subscription right(s) (the Offering, the Common Stock was trading in the interests of the Plan, the Right or Rights) by the individually- on the NYSE at $4.83 per share. The Applicant has agreed to contribute directed account(s) (the Account or Applicant explains that due to a $6,359.87 to the Plan on behalf of three Accounts) of certain participant(s), (the scrivener’s error with respect to this Invested Participants who exercised Invested Participant(s)) in the Plan, in representation, the correct price should their rights to purchase shares of EXCO connection with an offering (the be $4.88 per share. Common Stock in connection with the Offering) of shares of the common stock (the Common Stock) of EXCO 4. Shares Purchased and Gross Rights Offering. The Invested Resources, Inc. (EXCO) by EXCO, the Proceeds. The last paragraph of Participants collectively exercised a plan sponsor (the Plan Sponsor) and a Representation 8 of the Summary states, total of 9,952 Rights to acquire a total of party in interest with respect to the ‘‘It is represented that there were valid 2,970 shares of EXCO Common Stock at a subscription price of $5.00 per share. Plan; and exercises to purchase an aggregate of (b) To the holding of the Rights 28,248,049 shares of Common Stock, The Invested Participants subsequently sold their acquired shares of the EXCO received by the Accounts during the pursuant to directions from holders of subscription period of the Offering; the Rights. The exercise of the Rights Common Stock and sustained investment losses. To make the Invested provided that the conditions set forth in resulted in gross proceeds for EXCO of Section II of this exemption were approximately $141.2 million.’’ The Participants ‘‘whole,’’ as if they had sold their Rights during the Rights Offering satisfied for the duration of the Applicant asserts that a technical acquisition and holding of such Rights. correction is needed to this portion of and had not incurred any loss on such Representation 8, because the amount of sale, EXCO will contribute, within 30 Section II: Conditions shares of Common Stock purchased and days of the granting of this exemption, (a) The acquisition of the Rights by the gross proceeds listed in these a total of $6,359.87 to the Plan. The the Accounts of the Invested sentences actually exclude the number Make Whole Payment will be equal to: Participants occurred in connection of shares purchased by and the gross (1) The amount of the investment loss with the Offering, and the Rights were proceeds received from the Investors (i.e incurred by the Invested Participant on made available by EXCO on the same the sale of EXCO Common Stock WL Ross & Co., LLC and its affiliates material terms to all shareholders of acquired, plus (2) the amount the and Hamblin Watson Investment record of the Common Stock of EXCO, Invested Participant would have Counsel Ltd. and its affiliates, as including the Accounts of Invested received had their Rights been sold referred to in Representation 5 and Participants; during the Rights Offering. (b) The acquisition of the Rights by Footnote 16 of the Summary). Therefore, Accordingly, after full consideration the Applicant suggests that the Accounts of Invested Participants and review of the entire record, resulted from an independent corporate Representation 8 should be clarified as including the comment letter filed by follows: ‘‘It is represented that there act of EXCO; the Applicant, the Department has (c) Each shareholder of the Common were valid exercises to purchase an determined to grant the exemption, as aggregate of 28,248,049 shares of Stock of EXCO, including each of the set forth above. The Applicant’s Accounts of Invested Participants, Common Stock, pursuant to directions comment letter has been included as from holders of the Rights (other than received the same proportionate number part of the public record of the of Rights, and this proportionate the Investors). The exercise of the Rights exemption application. The complete (by holders other than the Investors) number of Rights was based on the application file (D–11821) is available number of shares of Common Stock held resulted in gross proceeds for EXCO of for public inspection in the Public by each such shareholder, as of 5:00 approximately $141.2 million.’’ Disclosure Room of the Employee p.m. New York City time, on December 5. Processing Time for Invested Benefits Security Administration, Room 19, 2013 (the Record Date); Participants. The Applicant states that, N–1513, U.S. Department of Labor, 200 (d) The Rights were acquired pursuant with regard to Representation 9, the Constitution Avenue NW, Washington to, and in accordance with, provisions Department omitted a representation DC 20210. under the Plan for individually-directed which the Applicant had provided in its For a more complete statement of the investment of the Accounts by the submission, relating to the process by facts and representations supporting the Invested Participants, all of whose which Invested Participants elected to Department’s decision to grant this Accounts in the Plan held the Common exercise their Rights, and which exemption refer to the Notice published Stock; clarifies that an extra three days of on November 26, 2014, at 79 FR 78489. (e) The decision with regard to the processing time was necessary for Exemption holding and the disposition of the Invested Participants (which otherwise Rights by an Account was made by the did not apply to individual shareholders Section I: Transactions Invested Participant whose Account (i.e., non-Plan participants)). Effective for the period beginning received the Rights; (f) If any of the Invested Participants 6. Exercise Price. The first sentence of December 17, 2013, and ending on January 9, 2014, the restrictions of failed to give instructions as to the the third paragraph of Representation 11 exercise of the Rights received in the states, ‘‘the Rights held by these sections 406(a)(1)(E), 406(a)(2), 406(b)(1), 406(b)(2), and 407(a)(1)(A) of Offering, or gave instructions to the Plan accounts were all exercised on January trustee to sell the Rights, such Rights 7, 2014, at an exercise price of $5.07 per the Act and the sanctions resulting from the application of section 4975 of the were automatically sold in blind share.’’ The Applicant notes that the transactions on the New York Stock Rights were exercised at a subscription Code, by reason of section 4975(c)(1)(E) of the Code,8 shall not apply: Exchange and the proceeds from such price (i.e., the exercise price) of $5.00 sales were distributed pro-rata to the per share on January 7, 2014, while the 8 For purposes of this proposed exemption, fair market value of such shares was references to specific provisions of Title I of the refer as well to the corresponding provisions of the $5.07 per share. Act, unless otherwise specified, should be read to Code.

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Accounts in the Plan of such Invested comments were due by August 7, 2017. arm’s-length transaction with an Participants whose Rights were sold; During the comment period, the unrelated third party; and (g) No brokerage fees, no Department received no comments or (d) The Plan pays no commissions, commissions, no subscription fees, and hearing requests from interested fees, or other costs or expenses no other charges were paid by the Plan persons. associated with the Sale, including the or by the Accounts of Invested Accordingly, after giving full fees of the Independent Appraiser and Participants with respect to the consideration to the entire record, the the costs of obtaining the exemption. acquisition and holding of the Rights, Department has decided to grant the FOR FURTHER INFORMATION CONTACT: and no commissions, no fees, and no exemption. The complete application Blessed Chuksorji-Keefe of the expenses were paid by the Plan or by file (Exemption Application No. D– Department, telephone (202) 693–8567. the Accounts of Invested Participants to 11895), including all supplemental (This is not a toll-free number.) any related broker in connection with submissions received by the the sale or exercise of any of the Rights, Department, is available for public General Information or with regard to the acquisition of the inspection in the Public Disclosure The attention of interested persons is Common Stock through the exercise of Room of the Employee Benefits Security such Rights; directed to the following: Administration, Room N–1515, U.S. (1) The fact that a transaction is the (h) EXCO did not direct or advise any Department of Labor, 200 Constitution Invested Participant regarding such subject of an exemption under section Avenue NW, Washington, DC 20210. 408(a) of the Act and/or section Invested Participant’s election with For a more complete statement of the 4975(c)(2) of the Code does not relieve respect to the Rights; facts and representations supporting the a fiduciary or other party in interest or (i) The terms of the Offering were Department’s decision to grant this disqualified person from certain other described to the Invested Participants in exemption, refer to the Notice published provisions to which the exemption does clearly written communications, in the Federal Register on June 28, 2017 not apply and the general fiduciary including, but not limited to, the at 82 FR 29334. prospectus for the Rights Offering; and responsibility provisions of section 404 (j) Within 30 days of the granting of Exemption of the Act, which among other things the exemption, EXCO contributes a The restrictions of section require a fiduciary to discharge his make whole payment (the Make Whole 406(a)(1)(A) and (D) and section duties respecting the plan solely in the Payment) to the Plan totaling $6,359.87 406(b)(1) and (b)(2) of the Act, and the interest of the participants and on behalf of three Invested Participants sanctions resulting from the application beneficiaries of the plan and in a who exercised their rights to purchase of section 4975 of the Code, by reason prudent fashion in accordance with EXCO Common Stock in connection of section 4975(c)(1)(A), (D) and (E) of section 404(a)(1)(B) of the Act; nor does with the Rights Offering but sustained the Code,9 will not apply to the sale (the it affect the requirement of section losses in connection with the sale of Sale) by the Plan of a limited liability 401(a) of the Code that the plan must their shares of EXCO Common Stock. company interest (the LLC Interest) to operate for the exclusive benefit of the The Make Whole Payment will be equal GYFB-Commons, LLC (GYFB- employees of the employer maintaining to: Commons), an entity that will be owned the plan and their beneficiaries; (1) The amount of the investment loss by the current partners of the law firm, (2) These exemptions are incurred by the Invested Participants on Grossberg, Yochelson, Fox & Beyda, LLP supplemental to and not in derogation the sale of EXCO Common Stock (the Plan Sponsor); provided that the of, any other provisions of the Act and/ acquired, plus or the Code, including statutory or (2) The amount the Invested following conditions are satisfied: (a) The Sale of the LLC Interest is a administrative exemptions and Participants would have received had transactional rules. Furthermore, the their Rights been sold during the Rights one-time transaction for cash; (b) The Sale price for the LLC Interest fact that a transaction is subject to an Offering. is the greater of: $518,400; or the fair administrative or statutory exemption is FOR FURTHER INFORMATION CONTACT: Mr. market value of the LLC Interest as not dispositive of whether the Joseph Brennan of the Department, determined by a qualified independent transaction is in fact a prohibited telephone (202) 693–8456. (This is not appraiser (the Independent Appraiser) transaction; and a toll-free number.) in an updated appraisal on the date of (3) The availability of these The Grossberg, Yochelson, Fox & Beyda the Sale. The updated appraisal must be exemptions is subject to the express LLP Profit Sharing Plan (the Plan or submitted to the Department within 30 condition that the material facts and Applicant) Located in Washington, DC days of the Sale and will be included as representations contained in the part of the record developed under D– application accurately describes all [Prohibited Transaction Exemption 2018–06; material terms of the transaction which Exemption Application No. D–11895] 11895; (c) The terms and conditions of the is the subject of the exemption. Written Comments Sale are no less favorable to the Plan Signed at Washington, DC, this 29th day of In the notice of proposed exemption than the terms the Plan would receive March, 2018. (the Notice), the Department invited all under similar circumstances in an Lyssa E. Hall, interested persons to submit written Director, Office of Exemption Determinations, comments and/or requests for a public 9 For purposes of this exemption, references to Employee Benefits Security Administration, section 406 of Title I of the Act, unless otherwise U.S. Department of Labor. hearing within 40 days of the specified, should be read to refer as well to the publication, on June 28, 2017, of the corresponding provisions of section 4975 of the [FR Doc. 2018–06755 Filed 4–2–18; 8:45 am] Notice in the Federal Register. All Code. BILLING CODE 4510–29–P

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Part III

The President

Proclamation 9713—Cancer Control Month, 2018 Proclamation 9714—National Child Abuse Prevention Month, 2018 Proclamation 9715—National Donate Life Month, 2018

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Federal Register Presidential Documents Vol. 83, No. 64

Tuesday, April 3, 2018

Title 3— Proclamation 9713 of March 29, 2018

The President Cancer Control Month, 2018

By the President of the United States of America

A Proclamation During National Cancer Control Month, we remember the loved ones we have lost to cancer and recommit our support for the courageous individuals who are fighting this terrible disease. We also pause to thank the devoted healthcare professionals, scientists, and researchers who work tirelessly to discover a cure for cancer and whose combined efforts have contributed to an encouraging decline in the overall rate of deaths from cancer over the past two decades. American innovators and entrepreneurs have made many incredible scientific breakthroughs during the past century. In the field of medicine, American scientists have been at the forefront of world-class research that has developed increasingly effective cancer prevention strategies and treatments. Through public- and private-sector partnerships, Americans have made critical ad- vances to support and expand precision medicine and immunotherapy ap- proaches to cancer. These innovations have given us greater ability to prevent, detect, and treat cancer and have helped more than 15 million Americans beat this disease. Despite these tremendous strides, we recognize the staggering number of Americans who have lost their battles with cancer. Last year alone, cancer took the lives of approximately 600,000 adults and 2,000 children in the United States, making it the second leading cause of death in our Nation. According to the National Cancer Institute, nearly 40 percent of all Americans will be diagnosed with cancer in their lifetime. Together, we must take action to prevent and combat cancer, including maintaining healthy diets and weight and making physical activity a part of each day. Regular screenings and physicals, as well as knowledge of family medical history, are also crucial to catching cancers in earlier, more treatable stages. As we observe National Cancer Control Month, let us raise awareness of the measures we can take to prevent cancer and strengthen our resolve to find a cure for this horrible disease, which continues to cause so many families such great pain. Let us also honor the determination, courage, and strength of our cancer survivors. Their stories are an inspiration to all Americans. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as Cancer Control Month. I call upon the people of the United States to speak with their doctors and healthcare providers to learn more about preventative measures that can save lives. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of what Americans can do to prevent and control cancer. I also invite the Governors of the States and Territories and officials of other areas subject to the jurisdiction of the United States to join me in recognizing National Cancer Control Month.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06921 Filed 4–2–18; 11:15 am] Billing code 3295–F8–P

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Proclamation 9714 of March 29, 2018 National Child Abuse Prevention Month, 2018

By the President of the United States of America

A Proclamation Every child is a precious and unique gift who deserves the security of a loving and nurturing home. When supported by encouraging families and safe, strong communities, all children have the chance to reach their full potential and access the unlimited opportunities that our great Nation has to offer. To realize this truth, we must dedicate ourselves to the noble cause of protecting and caring for our children. National Child Abuse Prevention Month is an annual reminder that not every home is a haven of acceptance and unconditional love. Too often, childhood is marred with pain, violence, neglect, and abuse, which can have lifelong psychological, emotional, and physical consequences. At no fault of their own, some children are subjected to the most depraved forms of child abuse and neglect, without reprieve and, sometimes, without any knowledge that they are being maltreated. The statistics are shocking: a quarter of all children experience some form of child abuse or neglect in their lifetime. The financial consequences of this depravity are dire. By some estimates, the lifetime cost of child abuse and neglect is $124 billion per year. The human cost—measured in lost development, potential, and flourishing—is incalculable. To improve the statistics and the well-being of our Nation’s children, we must become more aware of the signs and symptoms of child abuse and take action as necessary. We should not allow pride or discomfort to prevent us from helping a child who is truly suffering. We must be a Nation com- mitted to taking action in the face of adversity and uncertainty, particularly when done to enhance the safety or security of children. The Child Welfare Information Gateway (CWIG) notes that children who show sudden changes in behavior, who have not received treatment for physical or medical problems brought to their parents’ attention, or who are always watchful, as if preparing for something bad to happen, may be exhibiting signs of child abuse. Though the presence of one or some of these signs alone does not necessarily mean that a child has been the victim of child abuse or neglect, it is vital that we understand and remain vigilant for these indicators. As Americans we must do all that we can. This month, we honor the professionals, volunteers, and organizations who work tirelessly to protect at-risk children and care for those who have experienced abuse or neglect. This difficult work is critical to ensuring the safety and protection of our children, to strengthening our communities, and to stopping cycles of violence harm. There are no substitutes for caring parents and guardians. But we recognize that friends, neighbors, educators, and places of worship have important roles to play in fostering the well- being of children. We are especially grateful to foster and adoptive parents, who open their lives to children in need of loving and caring homes. We can and should continue to work together to help provide healthy, happy, and safe environments for all children. We must always remember that all children are blessings from our Creator. They are endowed from conception with value, purpose, and human dignity. They are a source of unmatched joy, and they represent our Nation’s future.

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It is thus our civic and moral responsibility to help every child experience a childhood free from abuse and mistreatment, guiding them toward a future full of hope and promise. I encourage all Americans to nurture the children in their lives and to extend a hand to those in need of love, protection, or even just attention. Only together can we put an end to the tragedy of child abuse and neglect. I am confident that our combined efforts in combatting these evils will help create a world that is more tender, compas- sionate, and inviting to our children for centuries to come. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as National Child Abuse Prevention Month. I call upon all Americans to invest in the lives of our Nation’s children, to be aware of their safety and well- being, and to support efforts that promote their psychological, physical, and emotional development. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06922 Filed 4–2–18; 11:15 am] Billing code 3295–F8–P

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Proclamation 9715 of March 29, 2018

National Donate Life Month, 2018

By the President of the United States of America

A Proclamation Americans celebrate the blessing of life in many ways, but perhaps none is more transformative than their choice to donate organs or tissue to family members, friends, or to people they may not ever meet. During National Donate Life Month, we honor our Nation’s organ and tissue donors for their decision to give the precious gift of life to someone in need. We also give thanks to the many remarkable medical professionals, scientists, and researchers who have dedicated themselves to improving the health of others. My Administration supports efforts to raise awareness about the life-saving power of organ donation. The Organ Procurement and Transplantation Net- work reports that, in 2017, there were nearly 35,000 transplants performed, a 3.4 percent increase from 2016, and the fifth consecutive record-setting year for transplants in the United States. Last year, more than 16,000 living and deceased individuals donated the gift of life to someone in need through an organ or tissue donation. Every person, regardless of gender, age, race, ethnicity, or economic status, has the power and the potential to transform a life through organ and tissue donation. Despite record setting years, we are still working to overcome a gap between the availability of organs and people in need of an organ donation. Today, nearly 115,000 Americans are awaiting a lifesaving trans- plant, and a new name appears on the national transplant waiting list every 10 minutes. Amazingly, 1 donor can save up to 8 lives through organ donation and enhance the lives of up to 50 people through tissue donation. This month, I encourage all Americans to consider participating in the gift of life by becoming organ and tissue donors. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as National Donate Life Month. I call upon health professionals, volunteers, educators, government agencies, faith-based and community groups, and private organi- zations to help raise awareness of the urgent need for organ and tissue donors throughout our Nation.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06923 Filed 4–2–18; 11:15 am] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 64 Tuesday, April 3, 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. 979...... 14205 Presidential Documents 3 CFR 980...... 14205 Executive orders and proclamations 741–6000 Proclamations: 981...... 14205 The United States Government Manual 741–6000 9713...... 14341 982...... 14205 9714...... 14343 Other Services 983...... 14205 9715...... 14345 984...... 14205 Electronic and on-line services (voice) 741–6020 985...... 14205 4 CFR Privacy Act Compilation 741–6050 986...... 14205 Public Laws Update Service (numbers, dates, etc.) 741–6043 21...... 13817 987...... 14205 988...... 14205 6 CFR 989...... 14205 ELECTRONIC RESEARCH 27...... 13826 990...... 14205 World Wide Web 991...... 14205 7 CFR 992...... 14205 Full text of the daily Federal Register, CFR and other publications 215...... 14173 993...... 14205 is located at: www.fdsys.gov. 227...... 14173 994...... 14205 995...... 14205 Federal Register information and research tools, including Public 246...... 14173 996...... 14205 Inspection List, indexes, and Code of Federal Regulations are 247...... 14173 997...... 14205 located at: www.ofr.gov. 248...... 14173 249...... 14173 998...... 14205 E-mail 272...... 14173 999...... 14205 277...... 14173 FEDREGTOC (Daily Federal Register Table of Contents Electronic 14 CFR Proposed Rules: Mailing List) is an open e-mail service that provides subscribers 905...... 14203 73...... 14174 with a digital form of the Federal Register Table of Contents. The 1051...... 14110 Proposed Rules: digital form of the Federal Register Table of Contents includes 39 ...... 13883, 13885, 14207 HTML and PDF links to the full text of each document. 8 CFR 15 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 270...... 13826 USGPOOFR/subscriber/new, enter your email address, then 274a...... 13826 738...... 13849 follow the instructions to join, leave, or manage your 280...... 13826 740...... 13849 subscription. 745...... 13849 12 CFR 774...... 13849 PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. 326...... 13839 19 CFR 343...... 13843 4...... 13826 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 390...... 13843 and select Join or leave the list (or change settings); then follow 391...... 13839 20 CFR the instructions. Proposed Rules: 404...... 13862 FEDREGTOC and PENS are mailing lists only. We cannot 325...... 13880 respond to specific inquiries. 900...... 14205 21 CFR Reference questions. Send questions and comments about the 906...... 14205 890...... 13863 Federal Register system to: [email protected] 956...... 14205 900...... 13863 957...... 14205 The Federal Register staff cannot interpret specific documents or 1020...... 13863 958...... 14205 1040...... 13863 regulations. 959...... 14205 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 960...... 14205 26 CFR longer appears in the Federal Register. This information can be 961...... 14205 1...... 14175 found online at http://bookstore.gpo.gov/. 962...... 14205 963...... 14205 33 CFR FEDERAL REGISTER PAGES AND DATE, APRIL 964...... 14205 27...... 13826 965...... 14205 117 ...... 13865, 13866, 13867 13817–14172...... 2 966...... 14205 Proposed Rules: 14173–14346...... 3 967...... 14205 100...... 14219 968...... 14205 165...... 14226 969...... 14205 970...... 14205 40 CFR 971...... 14205 52 ...... 13867, 13869, 13871, 972...... 14205 13872, 13875, 14175, 14179 973...... 14205 62...... 13878 974...... 14205 Proposed Rules: 975...... 14205 62...... 14232 976...... 14205 977...... 14205 45 CFR 978...... 14205 5b...... 14183

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47 CFR 5...... 13888 Proposed Rules: Proposed Rules: 51...... 14185 15...... 13888 578...... 13904 17...... 13919 54...... 14185 73...... 13903 622...... 14234 101...... 13888 69...... 14185 50 CFR 648...... 14236 Proposed Rules: 1...... 13888 49 CFR 17...... 14189, 14198 2...... 13888 1503...... 13826 622...... 14202

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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 March 29, 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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