Vol. 82 Tuesday, No. 209 October 31, 2017
Pages 50305–50490
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 82, No. 209
Tuesday, October 31, 2017
Agency for International Development See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Commodity FNonutures Trading Commission Submissions, and Approvals, 50371 RULES Agriculture Department Establishing a New De Minimis Threshold Phase-In See Forest Service Termination Date, 50309–50311 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 50371 See Army Department See Engineers Corps Antitrust Division NOTICES NOTICES Revised Non-Foreign Overseas Per Diem Rates, 50413– Changes under National Cooperative Research and 50416 Production Act: 3D PDF Consortium, Inc., 50444 Cable Television Laboratories, Inc., 50444 Economic Development Administration IMS Global Learning Consortium, Inc., 50443 NOTICES National Fire Protection Association, 50444 Trade Adjustment Assistance; Petitions, 50374 OpenDaylight Project, Inc., 50443 Energy Department Army Department See Federal Energy Regulatory Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Energy Conservation Program: Submissions, and Approvals, 50413 Test Procedure for Distribution Transformers, 50324 Centers for Disease Control and Prevention NOTICES Engineers Corps Environmental Assessments; Availability, etc.: NOTICES HHS/CDC Chamblee Campus 2025 Master Plan, Meetings: Chamblee, GA, 50427–50428 Inland Waterways Users Board; Correction, 50416–50417 National Institute for Occupational Safety and Health; Immediately Dangerous to Life or Health Value Environmental Protection Agency Profiles: PROPOSED RULES Acetonitrile, Chloroacetonitrile, Methacrylonitrile, and Hazardous Waste Management System: Nitrogen Dioxide, 50429 Identification and Listing of Hazardous Waste, 50348– Requests for Information: 50358 Effective, Large-Scale, Sustainable Approaches to Help NOTICES People Quit Using Tobacco by Employing Evidence- Adequacy Status: based Treatment Options, 50428–50429 Kenosha County, Wisconsin Area for Submitted 8-Hour Ozone Attainment Demonstration for Transportation Civil Rights Commission Conformity Purposes, 50418 NOTICES Fast–41 Best Practices: Meetings: Delegated State Permitting Programs, 50418–50420 New York Advisory Committee, 50373 Meetings: Ohio Advisory Committee, 50373–50374 Information Session; Implementation of the Water Infrastructure Finance and Innovation Act of 2014, Coast Guard 50417–50418 RULES National Drinking Water Advisory Council, 50420 Drawbridge Operations: Proposed Administrative Settlements under CERCLA, China Basin, San Francisco, CA, 50315 50418 Safety Zones: Monongahela River, Monongahela, PA, 50317–50319 Savannah River, Savannah, GA, 50315–50317 Federal Aviation Administration NOTICES NOTICES Waterway Suitability Assessments: Meetings: Operation of Liquefied Hazardous Gas Terminal; Port Eighteenth Tactical Operations Committee Meeting, Arthur, TX, 50438 50479 Thirteenth RTCA SC–229 406 MHz ELT Joint Plenary Commerce Department with EUROCAE WG–98, 50479–50480 See Economic Development Administration Requests for Nominations: See International Trade Administration National Parks Overflights Advisory Group, 50480–50481
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Federal Communications Commission Foreign Assets Control Office RULES RULES Business Data Services in an Internet Protocol Global Terrorism Sanctions Regulations, 50313–50315 Environment: NOTICES Technology Transitions; Special Access for Price Cap Blocking or Unblocking of Persons and Properties, 50484– Local Exchange Carriers; AT and T Corp. Petition for 50486 Rulemaking, 50321–50322 NOTICES Forest Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 50420–50425 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Open Commission, 50423–50424 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 50372–50373 Federal Energy Regulatory Commission General Services Administration NOTICES NOTICES Initial Market-Based Rate Filings Including Requests for Service Contract Inventories; Availability: Blanket Section 204 Authorizations: Fiscal Year 2016, 50427 EnPowered, 50417 Health and Human Services Department Federal Motor Carrier Safety Administration See Centers for Disease Control and Prevention PROPOSED RULES See Food and Drug Administration Hours of Service of Drivers; Exemption Applications: See Health Resources and Services Administration National Pork Producers Council, 50358–50359 See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Health Resources and Services Administration Submissions, and Approvals, 50481–50482 NOTICES Hours of Service of Drivers; Exemption Applications: Charter Renewals: Hub Group Trucking Inc., 50482–50483 National Advisory Committee on Rural Health and Human Services, 50435 Federal Reserve System Homeland Security Department NOTICES See Coast Guard Change in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Housing and Urban Development Department Company, 50426 NOTICES Formations of, Acquisitions by, and Mergers of Bank HUD-Held Multifamily Loan Sale, 50438–50440 Holding Companies, 50425–50426 Formations of, Acquisitions by, and Mergers of Savings and Indian Affairs Bureau Loan Holding Companies, 50426–50427 RULES Tribal Transportation Program; Delay of Compliance Date, Fish and Wildlife Service 50312–50313 PROPOSED RULES Interior Department Endangered and Threatened Species: See Fish and Wildlife Service Status for Meltwater Lednian Stonefly and Western See Indian Affairs Bureau Glacier Stonefly, 50360–50363 See Land Management Bureau
Food and Drug Administration International Trade Administration PROPOSED RULES NOTICES Food Labeling: Antidumping or Countervailing Duty Investigations, Orders, Health Claims; Soy Protein and Coronary Heart Disease, or Reviews: 50324–50346 Brass Sheet and Strip from France, Germany, Italy, and NOTICES Japan, 50396–50397 Agency Information Collection Activities; Proposals, Polyethylene Terephthalate Resin from the Sultanate of Submissions, and Approvals: Oman, 50388–50389 Guidance for Industry on Postmarketing Adverse Event Determinations of Sales at Less Than Fair Value: Reporting for Medical Products and Dietary Biodiesel from Argentina, 50391–50394 Supplements During an Influenza Pandemic, 50431– Biodiesel from Indonesia, 50379–50381 50433 Carbon and Alloy Steel Wire Rod from Italy, 50381– Guidance: 50383 Statistical Principles for Clinical Trials: Addendum: Carbon and Alloy Steel Wire Rod from Spain, 50389– Estimands and Sensitivity Analysis in Clinical Trials; 50391 International Council for Harmonisation, 50433– Carbon and Alloy Steel Wire Rod from the Republic of 50434 Korea, 50386–50388 Meetings: Carbon and Alloy Steel Wire Rod from the Republic of Packaging, Storage, and Disposal Options to Enhance South Africa, 50383–50386 Opioid Safety––Exploring the Path Forward; Public Carbon and Alloy Steel Wire Rod from the United Workshop, 50429–50431 Kingdom, 50394–50396
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Carbon and Alloy Steel Wire Rod from Turkey, 50377– PROPOSED RULES 50379 Fisheries Off West Coast States: Carbon and Alloy Steel Wire Rod from Ukraine, 50375– Highly Migratory Fisheries; California Drift Gillnet 50377 Fishery; Implementation of a Federal Limited Entry Drift Gillnet Permit, 50366–50370 International Trade Commission Fishing Vessel, Fishing Facility and Individual Fishing NOTICES Quota and Harvesting Rights Lending Program Investigations; Determinations, Modifications, and Rulings, Regulations, 50363–50366 etc.: NOTICES Certain Access Control Systems and Components Meetings: Thereof, 50441–50442 Mid-Atlantic Fishery Management Council, 50412 Certain Composite Aerogel Insulation Materials and New England Fishery Management Council, 50397, Methods for Manufacturing the Same, 50442–50443 50412–50413 Western Pacific Fishery Management Council, 50411– Justice Department 50412 See Antitrust Division Takes of Marine Mammals: See Victims of Crime Office Incidental to the Biorka Island Dock Replacement Project, 50397–50411 Labor Department NOTICES Postal Regulatory Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Supplemental Standards of Ethical Conduct, 50319–50321 Material Hoists, Personnel Hoists, and Elevators Standard, 50445–50446 Postal Service Land Management Bureau PROPOSED RULES NOTICES eInduction Option, Seamless Acceptance Program, and Plats of Survey: Full-Service Automation Option, Verification Colorado, 50441 Standards, 50346–50348 South Dakota, 50440 NOTICES Product Changes: Morris K. and Stewart L. Udall Foundation Priority Mail and First-Class Package Service Negotiated NOTICES Service Agreement, 50459 Meetings; Sunshine Act, 50446 Priority Mail Express Negotiated Service Agreement, 50459–50460 National Credit Union Administration Priority Mail Express, Priority Mail, & First-Class Package NOTICES Service Negotiated Service Agreement, 50459 Agency Information Collection Activities; Proposals, Priority Mail Negotiated Service Agreement, 50459 Submissions, and Approvals: Consumer Assistance Center, 50446–50447 Presidential Documents Requests for Information: ADMINISTRATIVE ORDERS Electronic Loan, Deposit, and Investment Data Collection, Drug Abuse and Trafficking: 50447–50458 Drug Demand and Opioid Crisis, National; Implementing Policy to Combat (Memorandum of October 26, National Endowment for the Arts 2017), 50305–50306 NOTICES John F. Kennedy, Assassination of; Temporary Certification Agency Information Collection Activities; Proposals, of Certain Related Records (Memorandum of October Submissions, and Approvals: 26, 2017), 50307–50308 Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 50458–50459 Securities and Exchange Commission National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, See National Endowment for the Arts Submissions, and Approvals, 50460–50461, 50477 National Institutes of Health Charter Establishments: NOTICES Fixed Income Market Structure Advisory Committee, Meetings: 50460 Center for Scientific Review, 50435–50438 Self-Regulatory Organizations; Proposed Rule Changes: National Institute of Allergy and Infectious Diseases, Bats BZX Exchange, Inc., 50472–50475 50436 NASDAQ BX, Inc., 50468–50469 Office of AIDS Research Advisory Council, 50435 Nasdaq ISE, LLC, 50469–50472 NYSE American, LLC, 50475–50476 National Oceanic and Atmospheric Administration NYSE Arca, Inc., 50461–50468 RULES Fisheries of the Caribbean, Gulf of Mexico, and South Small Business Administration Atlantic: NOTICES Snapper-Grouper Fishery of South Atlantic; Greater Agency Information Collection Activities; Proposals, Amberjack; Recreational Accountability Measure and Submissions, and Approvals, 50477–50478 Closure, 50322–50323 Draft FY 2018–2022 Strategic Plan, 50477
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State Department Survey of Healthcare Experiences of Patients, 50488 NOTICES Veterans’ Health Benefits Handbook Questionnaire, 50487 Blocking or Unblocking of Persons and Properties, 50478– Meetings: 50479 Advisory Committee on Disability Compensation, 50487– 50488 Transportation Department See Federal Aviation Administration Victims of Crime Office See Federal Motor Carrier Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: On-Line Complaint Form for Service-Related Issues in International Terrorism Victim Expense Reimbursement Air Transportation, 50483–50484 Program Application, 50444–50445 Treasury Department See Foreign Assets Control Office Reader Aids NOTICES Senior Executive Service: Consult the Reader Aids section at the end of this issue for Legal Division Performance Review Board, 50486–50487 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Veterans Affairs Department To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or Application for Cash Surrender or Policy Loan, 50489 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 Administrative Orders: Memorandums: Memorandum of October 26, 2017 ...... 50305, 50307 10 CFR Proposed Rules: 429...... 50324 431...... 50324 17 CFR 1...... 50309 21 CFR Proposed Rules: 101...... 50324 25 CFR 170...... 50312 31 CFR 594...... 50313 33 CFR 117...... 50315 165 (2 documents) ...... 50315, 50317 39 CFR 3000...... 50319 Proposed Rules: 111...... 50346 40 CFR Proposed Rules: 261...... 50348 47 CFR 61...... 50321 49 CFR Proposed Rules: 395...... 50358 50 CFR 622...... 50322 Proposed Rules: 17...... 50360 253...... 50363 660...... 50366
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Federal Register Presidential Documents Vol. 82, No. 209
Tuesday, October 31, 2017
Title 3— Memorandum of October 26, 2017
The President Combatting the National Drug Demand and Opioid Crisis
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed as follows: Section 1. Policy. It shall be the policy of the United States to use all lawful means to combat the drug demand and opioid crisis currently afflicting our country. Individuals, families, and communities across the United States continue to be devastated by an unprecedented epidemic of drug abuse and overdose, including of prescription opioids, heroin, and illicit synthetic opioids. Last year, we lost at least 64,000 of our fellow Americans to drug overdose, primarily from opioids. This is an increase of approximately 12,000 people over the year before and more than ever recorded in United States history. Drug overdoses now kill more Americans than motor vehicle crashes or gun-related incidents, and more than 300,000 Americans have died of an opioid overdose since 2000. Further, more than 2.1 million of our fellow citizens are addicted to opioids, and in 2014 more than 1,500 people were treated each day in emergency departments for opioid-related emergencies. This crisis has devastated our communities. It has been particularly harmful for children affected by their parents’ drug abuse. The number of infants born drug-dependent increased by nearly 500 percent from 2000 to 2012. The number of children being placed into foster care due, at least in part, to parental drug abuse is increasing, and accounted for almost a third of all child removals in Fiscal Year 2015. Serious drug users are also more likely to be arrested for crimes such as burglary, robbery, and handling stolen goods. Moreover, the drug trafficking that supplies illegal drugs to our country is associated with other illegal activities, including murder and other violent crimes. All of this devastates lives and harms communities in both the United States and foreign countries involved in the illegal drug supply chain. Federal, State, and local governments; law enforcement; first responders; the medical, public health, and substance abuse treatment community; and faith-based and community organizations are working tire- lessly and have even expanded their efforts to combat the drug demand and opioid crisis. Three factors are driving the opioid aspect of this crisis in particular. First, since the 1990s, there has been a dramatic rise in opioid pain medication prescriptions. Second, heroin from Mexico has flooded the country. Third, the illicit manufacture and illegal importation of fentanyl—an extremely deadly synthetic opioid—and its analogues and related compounds have proliferated. Fentanyl is currently manufactured almost exclusively in China, and it is either shipped into the United States or smuggled across the southern border by drug traffickers. Between 2013 and 2016, the amount of fentanyl seized by Customs and Border Protection at the border increased more than 200 times over. Dealers are increasingly lacing fentanyl into other drugs and pressing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly. Sec. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis described
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in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant authorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis inflicts upon American communities. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, October 26, 2017
[FR Doc. 2017–23787 Filed 10–30–17; 8:45 am] Billing code 4150–42–P
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Memorandum of October 26, 2017
Temporary Certification for Certain Records Related to the Assassination of President John F. Kennedy
Memorandum for the Heads of Executive Departments and Agencies
The American public expects—and deserves—its Government to provide as much access as possible to the President John F. Kennedy Assassination Records (records) so that the people may finally be fully informed about all aspects of this pivotal event. Therefore, I am ordering today that the veil finally be lifted. At the same time, executive departments and agencies (agencies) have proposed to me that certain information should continue to be redacted because of national security, law enforcement, and foreign affairs concerns. I have no choice—today—but to accept those redactions rather than allow potentially irreversible harm to our Nation’s security. To further address these concerns, I am also ordering agencies to re-review each and every one of those redactions over the next 180 days. At the end of that period, I will order the public disclosure of any information that the agencies cannot demonstrate meets the statutory standard for contin- ued postponement of disclosure under section 5(g)(2)(D) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) (the ‘‘Act’’). Accordingly, by the authority vested in me as President and Commander in Chief by the Constitution and the laws of the United States of America, I hereby certify that all information within records that agencies have pro- posed for continued postponement under section 5(g)(2)(D) of the Act must be temporarily withheld from full public disclosure until no later than April 26, 2018, to allow sufficient time to determine whether such informa- tion warrants continued postponement under the Act. This temporary with- holding from full public disclosure is necessary to protect against harm to the military defense, intelligence operations, law enforcement, or the conduct of foreign relations that is of such gravity that it outweighs the public interest in immediate disclosure. I hereby direct all agencies that have proposed postponement of full disclo- sure to review the information subject to this certification and identify as much as possible that may be publicly disclosed without harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations. Any agency that seeks to request further postponement beyond this temporary certification shall adhere to the findings of the Act, which state, among other things, that ‘‘only in the rarest cases is there any legitimate need for continued protection of such records.’’ The need for continued protection can only have grown weaker with the passage of time since the Congress made this finding. Accordingly, each agency head should be extremely cir- cumspect in recommending any further postponement of full disclosure of records. Any agency that seeks further postponement shall, no later than March 12, 2018, report to the Archivist of the United States (Archivist) on the specific information within particular records that meets the standard for continued postponement under section 5(g)(2)(D) of the Act. Thereafter, the Archivist shall recommend to me, no later than March 26, 2018, whether the specific information within particular records identified by agencies warrants continued withholding from public disclosure after April 26, 2018.
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The Archivist is hereby authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, October 26, 2017
[FR Doc. 2017–23795 Filed 10–30–17; 8:45 am] Billing code 7515–01–P
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Rules and Regulations Federal Register Vol. 82, No. 209
Tuesday, October 31, 2017
This section of the FEDERAL REGISTER CFTC’s further definition of swap dealer issued the Swap Dealer De Minimis contains regulatory documents having general is provided in § 1.3(ggg).3 The de Exception Final Staff Report 10 on applicability and legal effect, most of which minimis exception therein provides that August 15, 2016 (‘‘Final Report,’’ and are keyed to and codified in the Code of a person shall not be deemed to be a together with the Preliminary Report, Federal Regulations, which is published under swap dealer unless its swap dealing 50 titles pursuant to 44 U.S.C. 1510. the ‘‘Staff Reports’’). The Staff Reports activity exceeds an aggregate gross analyzed the available swap data in The Code of Federal Regulations is sold by notional amount threshold of $3 billion conjunction with relevant policy the Superintendent of Documents. (measured over the prior 12-month considerations to assess alternative de period), subject to a phase-in period minimis threshold levels and other during which the gross notional amount potential changes to the de minimis COMMODITY FUTURES TRADING threshold is set at $8 billion.4 Absent exception. The Staff Reports noted that COMMISSION further action by the Commission, the phase-in period is scheduled to the swap market data available, while 17 CFR Part 1 terminate on December 31, 2018, at much improved since § 1.3(ggg) was which time the de minimis threshold first adopted, was still somewhat Order Establishing a New De Minimis 5 limited in providing detailed Threshold Phase-In Termination Date would decrease to $3 billion. When § 1.3(ggg) was adopted, information for assessing appropriate AGENCY: Commodity Futures Trading establishing the $3 billion de minimis changes to the de minimis exception. Commission. exception, the Commission explained For example, notional amounts could ACTION: Order. that there was little swap dealing data only be analyzed for the interest rate available that could be used to guide it and credit default swap asset classes SUMMARY: The Commodity Futures in setting a threshold level. The because, at the time, sufficient reliable Trading Commission (‘‘Commission’’ or Commission expected that the notional data was not available for the ‘‘CFTC’’) is issuing an order (‘‘Order’’), implementation of swap data reporting other asset classes. As a further pursuant to the Commission regulation may enable reassessment of the de example, some of the data analyzed for establishing the de minimis exception to minimis exception.6 Accordingly, in the Staff Reports had significant quality the swap dealer definition, to establish § 1.3(ggg), the Commission directed issues. One of the ‘‘key issues’’ December 31, 2019 as the new de CFTC staff to issue a report, after a identified in the Final Report for minimis threshold phase-in termination specified period of time, on topics Commission consideration was whether date. relating to the de minimis exception ‘‘as to delay reduction of the de minimis DATES: Issued by the Commission on appropriate, based on the availability of threshold to allow efforts to improve October 26, 2017. data and information.’’ 7 Section 1.3(ggg) data quality to progress so that the FOR FURTHER INFORMATION CONTACT: further provides that after giving due Commission could better determine the Matthew Kulkin, Director, 202–418– consideration to the report and any appropriate de minimis threshold.11 5213, [email protected]; Erik Remmler, associated public comment, the Deputy Director, 202–418–7630, Commission may by order establish a In October 2016, the Commission [email protected]; or Rajal Patel, termination date for the phase-in period issued an order, pursuant to Associate Director, 202–418–5261, or propose through rulemaking § 1.3(ggg)(4)(ii)(C)(1), establishing [email protected], Division of Swap Dealer modifications to the de minimis December 31, 2018 as the de minimis and Intermediary Oversight, Commodity exception.8 threshold phase-in termination date, Futures Trading Commission, Three Staff issued for public comment the thereby extending the original phase-in Lafayette Centre, 1155 21st Street NW., Swap Dealer De Minimis Exception period by one year (‘‘October 2016 Washington, DC 20581. Preliminary Report on November 18, Order’’).12 In the order, the Commission 2015 (‘‘Preliminary Report’’).9 After SUPPLEMENTARY INFORMATION: stated that the phase-in period consideration of the public comments extension provides additional time for I. Background received, and further data analysis, staff further information to become available The Dodd-Frank Wall Street Reform 3 17 CFR 1.3(ggg). to more effectively reassess the de and Consumer Protection Act (‘‘Dodd- 13 4 minimis exception. Given the twelve 1 See 17 CFR 1.3(ggg)(4). See also Further Frank Act’’) directed the CFTC and the Definition of ‘‘Swap Dealer,’’ ‘‘Security-Based Swap month lookback for calculating the swap U.S. Securities and Exchange Dealer,’’ ‘‘Major Swap Participant,’’ ‘‘Major dealing notional amount, a firm may Commission to jointly further define the Security-Based Swap Participant’’ and ‘‘Eligible need to start tracking its swap dealing term ‘‘swap dealer’’ and to include Contract Participant’’, 77 FR 30596 (May 23, 2012). This Order does not impact the de minimis activity on January 1, 2018 to determine therein a de minimis exception.2 The threshold for swaps with ‘‘special entities’’ as whether its dealing activity would defined in the Commodity Exchange Act, section 1 Public Law 111–203, 124 Stat. 1376 (2010). The 4s(h)(2)(C). 7 U.S.C. 6s(h)(2)(C). require it to register when the phase-in text of the Dodd-Frank Act can be accessed on the 5 Order Establishing De Minimis Threshold Phase- period ends on December 31, 2018. Commission’s Web site, at www.cftc.gov. In Termination Date, 81 FR 71605, 71607 (Oct. 18, 2 2016). See Dodd-Frank Act, sections 712(d) and 721. 10 6 See 77 FR at 30634, 30640. Available at http://www.cftc.gov/idc/groups/ The definition of ‘‘swap dealer’’ can be found in public/@swaps/documents/file/dfreport_ section 1a(49) of the Commodity Exchange Act and 7 See 17 CFR 1.3(ggg)(4)(ii)(B). sddeminis081516.pdf. as further defined in § 1.3(ggg). 7 U.S.C. 1a(49) and 8 See 17 CFR 1.3(ggg)(4)(ii)(C). 11 17 CFR 1.3(ggg). The Commodity Exchange Act is 9 Available at http://www.cftc.gov/idc/groups/ Final Report at 26. at 7 U.S.C. 1, et seq. (2014), and is accessible on public/@swaps/documents/file/dfreport_ 12 81 FR 71605; 17 CFR 1.3(ggg)(4)(ii)(C)(1). the Commission’s Web site at www.cftc.gov. sddeminis_1115.pdf. 13 81 FR at 71607.
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II. New Phase-In Termination Date the swap data analysis currently 1. Background As contemplated by the October 2016 underway. As discussed above, § 1.3(ggg)(4)(i) Order, significant strides are being made Accordingly, the Commission believes provides an exception from the swap in updating, improving, and reassessing that it is prudent to extend the phase- dealer definition for persons who the available swap data regarding the in period by one year. This extension engage in a de minimis amount of swap swap marketplace in a more granular will provide additional time for dealing activity. Currently, under manner. Though this data analysis is Commission staff to conduct data § 1.3(ggg)(4)(i), a person shall not be ongoing, the Commission believes that it analysis regarding the de minimis deemed to be a swap dealer unless its will in the near future have more exception, give market participants swap dealing activity exceeds an detailed data analysis to inform its further clarity regarding when they will aggregate gross notional amount consideration of possible modifications need to begin preparing for a change, if threshold of $3 billion (measured over to the de minimis exception.14 However, any, to the de minimis exception, and the prior 12-month period), subject to a any such modifications, if implemented, provide additional time for new phase-in period during which the gross would not become effective until some Commissioners and staff to become notional amount threshold is set at $8 point in 2018, when the Commission better apprised of issues relevant to this billion.18 The phase-in period would completes the proposal, public topic. have terminated on December 31, 2018, comment, and final rule amendment III. Conclusion and Order and the de minimis threshold would process pursuant to the Administrative have decreased to $3 billion, absent this For the reasons discussed above, and Procedure Act. Order.19 This would have required firms pursuant to its authority under This timing creates some uncertainty to start tracking their swap activity § 1.3(ggg)(4)(ii)(C)(1), the Commission is for currently unregistered swap dealers beginning January 1, 2018 to determine establishing December 31, 2019 as the that may be subject to registration if the whether their dealing activity over the new termination date for the de minimis $3 billion de minimis threshold goes course of that year would require them threshold phase-in period. The into effect on December 31, 2018. Such to register as swap dealers. Commission notes that prior to the entities will not know what de minimis The $3 billion threshold, which, termination of the phase-in period, the exception changes, if any, may become absent this Order, would be effective on Commission plans to take further action effective. Given this uncertainty, firms December 31, 2018, sets the baseline for regarding the de minimis threshold. that might be subject to registration if the Commission’s consideration of the the de minimis threshold decreases to IV. Related Matters costs and benefits of this Order.20 $3 billion would need to start managing, Accordingly, the Commission considers A. Paperwork Reduction Act and perhaps altering, their swap dealing the costs and benefits that will result activity starting in January 2018 to The Paperwork Reduction Act from extending the phase-in period. remain below the $3 billion threshold (‘‘PRA’’) 16 imposes certain 2. General Cost and Benefit by December 31, 2018. Further, some requirements on Federal agencies in Considerations firms might begin analyzing and connection with their conducting or adjusting their dealing activities prior to sponsoring any collection of There are several policy objectives January 2018 if they do not want to be information as defined by the PRA. This underlying swap dealer regulation and subject to registration. Such changes in Order does not impose any new the de minimis exception to the swap behavior could lead to reduced recordkeeping or information collection dealer definition. The primary policy competition, liquidity, and efficiency in requirements, or other collections of objectives of swap dealer regulation the swap market, which may cause information that require approval of the include the reduction of systemic risk, disruptions for the firms and their swap Office of Management and Budget under increased counterparty protections, and counterparties that might be the PRA. market efficiency, orderliness, and transparency.21 Registered swap dealers unnecessary depending on the outcome B. Cost-Benefit Considerations of the continuing assessment of the de are subject to a broad range of minimis exception. Section 15(a) of the Commodity requirements, including, inter alia, Additionally, the Commission notes Exchange Act (‘‘CEA’’) requires the registration, internal and external that a year’s delay would provide Commission to consider the costs and business conduct standards, reporting, additional time for the new benefits of its actions before recordkeeping, risk management, Commissioners 15 and the new Director promulgating a regulation under the posting and collecting margin, and chief of the Division of Swap Dealer and CEA or issuing certain orders.17 Section compliance officer designation and Intermediary Oversight, all of whom 15(a) further specifies that the costs and responsibilities. As noted in the only joined the Commission in the last benefits shall be evaluated in light of § 1.3(ggg) adopting release, generally, two months, to better familiarize five broad areas of market and public the lower the de minimis threshold, the themselves with the issues relevant to concern: (i) Protection of market greater the number of entities that are the de minimis exception and results of participants and the public; (ii) subject to these requirements, which efficiency, competitiveness, and could decrease systemic risk, increase 14 The Commission also notes that the continuing financial integrity of futures markets; counterparty protections, and promote efforts by the Division of Market Oversight to (iii) price discovery; (iv) sound risk swap market efficiency, orderliness, and improve data quality have improved data analysis management practices; and (v) other transparency.22 capabilities. public interest considerations. In this 15 See Brian Quintenz Sworn In as a 18 17 CFR 1.3(ggg)(4)(i). See generally 77 FR at Commissioner of the U.S. Commodity Futures section, the Commission considers the 30626–35. See also note 4, supra. Trading Commission (Aug. 15, 2017), http:// costs and benefits resulting from its 19 www.cftc.gov/PressRoom/PressReleases/pr7602-17; determinations with respect to the See 81 FR 71605. 20 Rostin Behnam Sworn In as a Commissioner of the Section 15(a) factors. See 77 FR at 30702–14 (discussing the cost- CFTC (Sep. 6, 2017), http://www.cftc.gov/ benefit considerations with regard to the final swap PressRoom/PressReleases/pr7610-17. Additionally, dealer definition); 81 FR at 71607. there are currently two additional Commission 16 44 U.S.C. 3501 et seq. 21 77 FR at 30628–30, 30707–08. vacancies that may be filled soon. 17 7 U.S.C. 19(a). 22 Id. at 30628–30, 30703, 30707–08.
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The Commission also considers the regulation of swap dealers. The that they would otherwise have policy objectives furthered by a de Commission recognizes that the $3 undertaken. minimis exception, which include billion de minimis threshold may result (iii) Price Discovery regulatory certainty, allowing limited in more entities being required to ancillary dealing, encouraging new register as swap dealers compared to an The Commission preliminarily participants to enter the swap dealing $8 billion threshold, thereby extending believes that a $3 billion de minimis market, and regulatory efficiency.23 counterparty protections to a greater threshold may discourage participation Generally, the higher the de minimis number of market participants. Further, of new swap dealers and ancillary threshold, the greater the number of swap dealer regulation is intended to dealing. If there are fewer entities entities that are able to engage in reduce systemic risk in the swap market engaged in dealing, there may be a dealing activity without being required because registered swap dealers are negative effect on price discovery. to register, which could increase subject to a broad range of requirements, (iv) Sound Risk Management competition and liquidity in the swap including, inter alia, requirements market.24 In addition, because applicable to internal and external The Commission notes that a $3 competitive markets may be more business conduct standards, reporting billion de minimis threshold could lead efficient, a higher de minimis threshold and recordkeeping, risk management, to better risk management practices might improve swap market efficiency. posting and collecting margin, and chief because a greater number of entities Further, the Commission notes that it compliance officer designation and would be required by regulation to: (i) has been suggested that a higher responsibilities. Pursuant to the Dodd- Develop and implement detailed risk threshold could allow the Commission Frank Act, the Commission has management programs; (ii) adhere to to expend its resources on entities with proposed or adopted regulations for business conduct standards that reduce larger swap dealing activities warranting swap dealers—including margin and operational and other risks; and (iii) more oversight. An alternative view is risk management requirements— satisfy margin requirements for that the de minimis threshold should be designed to mitigate the potential uncleared swaps. set based on policy independent of systemic risk inherent in the swap (v) Other Public Interest Considerations consideration of the Commission’s market. Therefore, the Commission The Commission has not identified resources. recognizes that a lower de minimis Extending the phase-in period by one any other public purpose considerations threshold may result in more entities for this Order. year will delay realization of the policy being required to register as swap benefits associated with the $3 billion dealers, thereby potentially further C. Antitrust Considerations de minimis threshold, but will also reducing systemic risk. extend the policy benefits associated Section 15(b) of the CEA requires the with a higher de minimis threshold. The (ii) Efficiency, Competitiveness, and Commission to take into consideration additional time to adjust to the $3 Financial Integrity of Markets the public interest to be protected by the billion de minimis threshold also would antitrust laws and endeavor to take the Other goals of swap dealer regulation potentially increase regulatory certainty least anticompetitive means of are swap market transparency, for some market participants. Given that achieving the objectives of the CEA, in orderliness, and efficiency. These the de minimis exception is subject to issuing any order or adopting any benefits are achieved through a 12-month look-back, extending the Commission rule or regulation. The regulations requiring, for example, swap phase-in period to December 31, 2019 Commission does not anticipate that the dealers to keep trading records and would allow entities that would Order discussed herein will result in report trades, provide counterparty potentially have to register as swap anti-competitive behavior. disclosures about swap risks and dealers additional time to adjust their pricing, and undertake portfolio V. Order activities and prepare for the compliance obligations related to swap reconciliation and compression In light of the foregoing, it is ordered, dealer registration. exercises. Accordingly, the Commission pursuant to the Commission’s authority notes that a lower de minimis threshold under § 1.3(ggg)(4)(ii)(C)(1), that the de 3. Section 15(a) may have a positive effect on the minimis threshold phase-in termination Section 15(a) of the CEA requires the efficiency and integrity of the markets. date shall be December 31, 2019. Commission to consider the effects of its However, the Commission also The Commission retains the authority actions in light of the following five recognizes that the efficiency and to condition further, modify, suspend, factors. This Order will delay the competitiveness of the swap market may terminate, or otherwise restrict any of potential costs and benefits discussed be negatively impacted if the de the terms of the Order provided herein, below by one year. minimis threshold is set too low by in its discretion. potentially increasing barriers to entry (i) Protection of Market Participants and Issued in Washington, DC, on October 26, that may stifle competition and reduce 2017, by the Commission. the Public swap market efficiency. For example, if Christopher J. Kirkpatrick, Providing regulatory protections for entities choose to reduce or cease their Secretary of the Commission. swap counterparties who may be less swap dealing activities so that they experienced or knowledgeable about the would not need to register if the de Appendix to Order Establishing a New swap products offered by swap dealers minimis threshold decreases to $3 De Minimis Threshold Phase-In (particularly end-users who use swaps billion, the number or availability of Termination Date—Commission Voting for hedging or investment purposes) is market makers for swaps may be Summary a fundamental policy goal advanced by reduced, which could lead to increased On this matter, Chairman Giancarlo and costs for potential counterparties and Commissioner Quintenz voted in the 23 Id. at 30628–30, 30707–08. end-users through having to pay higher affirmative. Commissioner Behnam voted in 24 Alternatively, the Commission notes that a the negative. lower de minimis threshold may lead to potential spreads when undertaking swap changes in market behavior, including, for example, transactions or foregoing the benefits of [FR Doc. 2017–23660 Filed 10–30–17; 8:45 am] product innovation. engaging in certain swap transactions BILLING CODE 6351–01–P
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DEPARTMENT OF THE INTERIOR section to November 7, 2019. This delay (b) Will not cause a major increase in will allow the Bureau of Indian Affairs costs or prices for consumers, Bureau of Indian Affairs time to reexamine the need for this data individual industries, Federal, State, or collected in the NTTFI and consult with local government agencies, or 25 CFR Part 170 Tribes on whether revision or deletion geographic regions because it does not [178A2100DD/AAKC001030/ of the data collection requirements in affect costs or prices. A0A501010.999900 253G] § 170.443 is appropriate. The Bureau of (c) Does not have significant adverse Indian Affairs finds that there is good effects on competition, employment, RIN 1076–AF38 cause to place this rule into immediate investment, productivity, innovation, or effect before receiving public comment the ability of U.S.-based enterprises to Tribal Transportation Program; Delay and without a 30-day waiting period compete with foreign-based enterprises of Compliance Date because the delay in the compliance because the rule addresses Tribal AGENCY: Bureau of Indian Affairs, deadline is expected to be surface transportation within the United Interior. uncontroversial with both the impacted States. ACTION: Interim final rule. Tribes and the public, and placing into immediate effect will eliminate D. Unfunded Mandates Reform Act SUMMARY: This interim final rule potentially needless expenditure of This rule does not impose an updates the Tribal Transportation resources by Tribes. unfunded mandate on State, local, or Program regulations published in 2016 Tribal governments or the private sector II. Procedural Requirements to delay the deadline for Tribes to of more than $100 million per year. The comply with requirements to collect A. Regulatory Planning and Review rule does not have a significant or data on proposed roads for the National (E.O. 12866 and 13563) unique effect on State, local, or Tribal Tribal Transportation Facility Inventory Executive Order (E.O.) 12866 provides governments or the private sector. A (NTTFI). that the Office of Information and statement containing the information DATES: This rule is effective October 31, Regulatory Affairs (OIRA) at the Office required by the Unfunded Mandates 2017. Submit comments by November of Management and Budget (OMB) will Reform Act (2 U.S.C. 1531 et seq.) is not 30, 2017. Compliance with § 170.443 for review all significant rules. OIRA has required. proposed roads currently in the NTTFI determined that this rule is not E. Takings (E.O. 12630) to remain in the inventory is required by significant. November 7, 2019. E.O. 13563 reaffirms the principles of This rule does not affect a taking of ADDRESSES: You may submit comments E.O. 12866 while calling for private property or otherwise have by either: (1) Federal rulemaking portal improvements in the nation’s regulatory taking implications under E.O. 12360. A www.regulations.gov (the rule is listed system to promote predictability, to takings implication assessment is not under the agency name ‘‘Bureau of reduce uncertainty, and to use the best, required. Indian Affairs’’); or (2) Mail, Hand most innovative, and least burdensome F. Federalism (E.O. 13132) Delivery, or Courier to: Ms. Elizabeth tools for achieving regulatory ends. The Under the criteria in section 1 of E.O. Appel, Office of Regulatory Affairs & E.O. directs agencies to consider 13132, this rule does not have sufficient Collaborative Action, U.S. Department regulatory approaches that reduce Federalism implications to warrant the of the Interior, 1849 C Street NW., Mail burdens and maintain flexibility and preparation of a summary impact Stop 4660, Washington, DC 20240. We freedom of choice for the public where statement, because the rule primarily cannot ensure that comments received these approaches are relevant, feasible, addresses the relationship between the after the close of the comment period and consistent with regulatory Federal Government and Tribes. A (see DATES) will be included in the objectives. E.O. 13563 emphasizes Federalism summary impact statement docket for this rulemaking and further that regulations must be based is not required. considered. Comments sent to an on the best available science and that address other than those listed above the rulemaking process must allow for G. Civil Justice Reform (E.O. 12988) will not be included in the docket. public participation and an open exchange of ideas. We have developed This rule complies with the FOR FURTHER INFORMATION CONTACT: Mr. this rule in a manner consistent with requirements of E.O. 12988. LeRoy Gishi, Division of Transportation, these requirements. Specifically, this rule: Office of Indian Services, Bureau of (a) Meets the criteria of section 3(a) Indian Affairs, (202) 513–7711, B. Regulatory Flexibility Act requiring that all regulations be [email protected]. This rule will not have a significant reviewed to eliminate errors and SUPPLEMENTARY INFORMATION: economic effect on a substantial number ambiguity and written to minimize litigation; and I. Summary of Rule of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (b) Meets the criteria of section 3(b)(2) Regulations governing the Tribal because Tribes are not small entities requiring that all regulations be written Transportation Program published last under the Regulatory Flexibility Act. in clear language and contain clear legal year. See 81 FR 78456 (November 7, standards. 2016). The regulations became effective C. Small Business Regulatory on December 7, 2016, except for Enforcement Fairness Act H. Consultation With Indian Tribes (E.O. 13175 and Departmental policy) § 170.443, which required Tribes’ This rule is not a major rule under 5 compliance one year later: on November U.S.C. 804(2), the Small Business The Department of the Interior strives 7, 2017. Section 170.443 requires Tribes Regulatory Enforcement Fairness Act. to strengthen its government-to- to collect data for proposed roads to be This rule: government regulations with Indian added to, or remain in, the NTTFI. This (a) Does not have an annual effect on Tribes through a commitment to interim final rule affects only § 170.443. the economy of $100 million or more consultation with Indian Tribes and The rule delays the current November 7, because this rule affects only surface recognition of their right to self- 2017, deadline for compliance with that transportation for Tribes. governance and Tribal sovereignty. We
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have evaluated this rule under the too long, the sections where you think respect to foreign persons that are Department’s consultation policy and lists or tables would be useful, etc. officials, agents, or affiliates of Iran’s have identified substantial direct effects Islamic Revolutionary Guard Corps. M. E.O. 13771: Reducing Regulation and on federally recognized Indian Tribes Controlling Regulatory Costs DATES: Effective: October 31, 2017. that will result from this rule. This rule FOR FURTHER INFORMATION CONTACT: The This rule is not an E.O. 13771 will relieve a regulatory burden from Department of the Treasury’s Office of regulatory action because this rule is not Tribes and allow time for consultation Foreign Assets Control: Assistant significant under E.O. 12866. on an appropriate replacement or Director for Licensing, tel.: 202–622– deletion of regulatory requirements. List of Subjects in 25 CFR Part 170 2480, Assistant Director for Regulatory I. Paperwork Reduction Act Highways and roads, Indians—lands. Affairs, tel.: 202–622–4855, Assistant Director for Sanctions Compliance & This rule contains information For the reasons stated in the Evaluation, tel.: 202–622–2490; or the collection requirements, and the Office preamble, the Department of the Department of the Treasury’s Office of of Management and Budget (OMB) has Interior, Bureau of Indian Affairs, the Chief Counsel (Foreign Assets approved the information collections amends part 170 in Title 25 of the Code Control), Office of the General Counsel, under the Paperwork Reduction Act of Federal Regulations as follows: tel.: 202–622–2410. (PRA) under OMB Control Number SUPPLEMENTARY INFORMATION: 1076–0161, which expires December 31, PART 170—TRIBAL TRANSPORATION 2019. Please note that an agency may PROGRAM Electronic Availability not sponsor or request, and an ■ 1. The authority citation for part 170 This document and additional individual need not respond to, a continues to read as follows: information concerning OFAC are collection of information unless it available from OFAC’s Web site displays a valid OMB Control Number. Authority: Pub. L. 112–141, Pub. L. 114– 94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. (www.treasury.gov/ofac). J. National Environmental Policy Act 2, 9. Background ■ 2. In § 170.443, revise paragraph (b) to This rulemaking does not constitute a On June 6, 2003, OFAC issued the read as follows: major Federal action significantly Global Terrorism Sanctions Regulations, affecting the quality of the human § 170.443 What is required to successfully 31 CFR part 594 (the ‘‘Regulations’’) (68 environment because it is of an include a proposed transportation facility in FR 34196, June 6, 2003), to implement administrative, technical, and the NTTFI? Executive Order 13224 of September 23, procedural nature. It is therefore subject * * * * * 2001 (66 FR 49079, September 25, 2001) to categorical exclusion, see 43 CFR (b) For those proposed roads that (E.O. 13224). OFAC has amended the 46.210(i), and no extraordinary currently exist in the NTTFI, the Regulations on several occasions. circumstances exist, see 43 CFR 46.215. requirements identified above as Today, OFAC is amending the K. Effects on the Energy Supply (E.O. paragraphs (a)(1) through (a)(8) of this Regulations pursuant to section 105 of 13211) section, must be completed and the Countering America’s Adversaries submitted for approval to BIA and Through Sanctions Act of 2017, Public This rulemaking is not a significant FHWA by November 7, 2019, in order Law 115–44, Aug. 2, 2017, 131 Stat. 886 energy action under the definition in to remain on the inventory. (22 U.S.C. 9401 et seq.) (CAATSA). E.O. 13211. A Statement of Energy Dated: October 6, 2017. CAATSA. The President signed Effects is not required. CAATSA into law on August 2, 2017. John Tahsuda, L. Clarity of This Regulation Section 105 of CAATSA requires the Acting Assistant Secretary—Indian Affairs. President to impose the sanctions We are required by Executive Orders [FR Doc. 2017–23663 Filed 10–30–17; 8:45 am] applicable with respect to a foreign 12866 (section 1(b)(12)), and 12988 BILLING CODE 4337–15–P person pursuant to E.O. 13224 on Iran’s (section 3(b)(1)(B)), and 13563 (section Islamic Revolutionary Guard Corps 1(a)), and by the Presidential (IRGC) and foreign persons that are Memorandum of June 1, 1998, to write DEPARTMENT OF THE TREASURY officials, agents, or affiliates of the IRGC. all rules in plain language. This means Such sanctions must be imposed that each rule we publish must: Office of Foreign Assets Control beginning on the date that is 90 days (a) Be logically organized; after enactment of CAATSA, which is (b) Use the active voice to address 31 CFR Part 594 October 31, 2017. Section 111(b) of readers directly; CAATSA provides that the President Global Terrorism Sanctions (c) Use common, everyday words and may exercise all authorities provided Regulations clear language rather than jargon; under sections 203 and 205 of the (d) Be divided into short sections and AGENCY: Office of Foreign Assets International Emergency Economic sentences; and Control, Treasury. Powers Act (50 U.S.C. 1702 and 1704) (e) Use lists and tables wherever ACTION: Final rule. to carry out the purposes of CAATSA. possible. Pursuant to Presidential If you feel that we have not met these SUMMARY: The Department of the Memorandum of October 11, 2017: requirements, send us comments by one Treasury’s Office of Foreign Assets Delegation of Certain Functions and of the methods listed in the ADDRESSES Control (OFAC) is amending the Global Authorities under the Countering section. To better help us revise the Terrorism Sanctions Regulations America’s Adversaries Through rule, your comments should be as pursuant to a provision of the Sanctions Act of 2017, the President specific as possible. For example, you Countering America’s Adversaries delegated to the Secretary of State and should tell us the numbers of the Through Sanctions Act of 2017. This the Secretary of the Treasury the sections or paragraphs that you find provision requires the imposition of functions and authorities vested in the unclear, which sections or sentences are certain terrorism-related sanctions with President by section 105(b) of CAATSA
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to be exercised in consultation with Public Participation § 594.201 Prohibited transactions each other and commensurate with their involving blocked property. Because the Regulations involve a respective areas of responsibility set (a) * * * forth in previous Presidential actions foreign affairs function, the provisions under the International Emergency of Executive Order 12866 and the (5) Foreign persons that are identified Economic Powers Act (50 U.S.C. 1701 et Administrative Procedure Act (5 U.S.C. on the Specially Designated Nationals seq.), including E.O. 13224, and the 553) requiring notice of proposed and Blocked Persons List (SDN List) functions and authorities set forth in rulemaking, opportunity for public maintained by the Office of Foreign section 111(b) of CAATSA to be participation, and delay in effective Assets Control as officials, agents, or exercised commensurate with their date, as well as the provisions of affiliates of Iran’s Islamic Revolutionary respective areas of responsibility set Executive Order 13771, are Guard Corps (IRGC). forth in the delegation memorandum. inapplicable. Because no notice of * * * * * proposed rulemaking is required for this Sanctions applicable with respect to a rule, the Regulatory Flexibility Act (5 Note 2 to paragraph (a) of § 594.201: The foreign person pursuant to E.O. 13224. U.S.C. 601–612) does not apply. names of persons whose property and E.O. 13224 blocks and prohibits all interests in property are blocked pursuant to transactions in, with certain exceptions, Paperwork Reduction Act § 594.201(a) are published in the Federal all property and interests in property of Register and incorporated into the Office of foreign persons listed in the Annex to The collections of information related Foreign Assets Control’s SDN List with the E.O. 13224 or persons designated to the Regulations are contained in 31 identifier ‘‘[SDGT].’’ Persons who have been pursuant to criteria set forth in that CFR part 501 (the ‘‘Reporting, identified by the Office of Foreign Assets order by the Secretary of State or the Procedures and Penalties Regulations’’). Control as officials, agents, or affiliates of the Secretary of the Treasury. On October Pursuant to the Paperwork Reduction IRGC are identified by a special reference to 13, 2017, OFAC designated the IRGC Act of 1995 (44 U.S.C. 3507), those the ‘‘IRGC’’ at the end of their entries on the pursuant to E.O. 13224 and consistent collections of information have been SDN List, in addition to the reference to this with the CAATSA for its activities in approved by the Office of Management part. For example, an affiliate of the IRGC support of the IRGC-Qods Force (82 FR and Budget under control number 1505– whose property and interests in property are 48591, October 18, 2017), which was 0164. An agency may not conduct or blocked pursuant to this part will have the designated pursuant to E.O. 13224 on sponsor, and a person is not required to program tags ‘‘[SDGT] [IRGC]’’ at the end of October 25, 2007 (72 FR 65837, respond to, a collection of information its entry on the SDN List. The SDN List is November 23, 2007). unless the collection of information accessible through the following page on the Regulatory action. OFAC is taking this displays a valid control number. Office of Foreign Assets Control’s Web site: http://www.treasury.gov/sdn. Additional regulatory action pursuant to section List of Subjects in 31 CFR Part 594 105(b) of CAATSA to extend the information pertaining to the SDN List can be found in appendix A to this chapter. See sanctions applicable pursuant to E.O. Administrative practice and § 594.412 concerning entities that may not be 13224 to foreign persons that are procedure, Banks, Banking, Blocking of listed on the SDN List but whose property officials, agents, or affiliates of the IRGC. assets, Credit, Penalties, Reporting and recordkeeping requirements, Terrorism. and interests in property are nevertheless Subpart B of the Regulations currently blocked pursuant to paragraph (a) of this implements the prohibitions contained For the reasons set forth in the section. in E.O. 13224. See, e.g., §§ 594.201 and preamble, the Department of the 594.204. With this rule, OFAC is adding Treasury’s Office of Foreign Assets * * * * * § 594.201(a)(5) to Subpart B of the Control amends part 31 CFR part 594 to Regulations to include the following as read as follows: Subpart H—Procedures persons whose property and interests in property are blocked pursuant to the PART 594—GLOBAL TERRORISM ■ 3. Revise § 594.802 to read as follows: Regulations: Foreign persons that are SANCTIONS REGULATIONS identified on the Specially Designated § 594.802 Delegation by the Secretary of the Treasury. Nationals and Blocked Persons List ■ 1. The authority citation for part 594 (SDN List) maintained by OFAC as is revised to read as follows: Any action that the Secretary of the officials, agents, or affiliates of the IRGC. Authority: 3 U.S.C. 301; 22 U.S.C. 287c; Treasury is authorized to take pursuant The names of persons whose property 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701– to Executive Order 13224 of September and interests in property are blocked 1706; Pub. L. 101–410, 104 Stat. 890 (28 23, 2001, and any further Executive pursuant to § 594.201(a) are published U.S.C. 2461 note); Pub. L. 110–96, 121 Stat. orders relating to the national in the Federal Register and 1011; Pub. L. 115–44, 131 Stat. 886 (22 U.S.C. emergency declared therein, and any incorporated into OFAC’s SDN List with 9401 et seq.), E.O. 13224, 66 FR 49079, 3 action that the Secretary of the Treasury the identifier ‘‘[SDGT].’’ Persons who CFR, 2001 Comp., p. 786; E.O. 13268, 67 FR is authorized to take pursuant to 44751, 3 CFR, 2002 Comp., p. 240; E.O. have been identified by OFAC as 13284, 68 FR 4075, 3 CFR, 2003 Comp., p. Presidential Memorandum of October officials, agents, or affiliates of the IRGC 161; E.O. 13372, 70 FR 8499, 3 CFR, 2006 11, 2017: Delegation of Certain are identified by a special reference to Comp., p. 159. Functions and Authorities under the the ‘‘IRGC’’ at the end of their entries on Countering America’s Adversaries the SDN List, in addition to the Subpart B—Prohibitions Through Sanctions Act of 2017 or any reference to this part. For example, an further Presidential action relating to affiliate of the IRGC whose property and ■ 2. Remove the word ‘‘or’’ at the end Title I of the Countering America’s interests in property are blocked of paragraph (a)(3); remove the period at Adversaries Through Sanctions Act of pursuant to this part will have the the end of paragraph (a)(4)(ii) and add 2017 (Pub. L. 115–44), may be taken by program tags ‘‘[SDGT][IRGC]’’ at the end the text ‘‘; or’’ in its place; add new the Director of the Office of Foreign of its entry on the SDN List. In addition, paragraph (a)(5); and revise Note 2 to Assets Control or by any other person to OFAC is amending the delegation paragraph (a) of § 594.201 to read as whom the Secretary of the Treasury has provision in § 594.802. follows: delegated authority so to act.
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Dated: October 23, 2017. p.m. to 9 p.m. on November 16, 2017, available in the docket, go to http:// John E. Smith, to allow participants to cross the bridge www.regulations.gov, type USCG–2017– Director, Office of Foreign Assets Control. during the Leukemia Lymphoma 0973 in the ‘‘SEARCH’’ box and click Dated: October 24, 2017. Society Light the Night Walk. This ‘‘SEARCH.’’ Click on Open Docket temporary deviation has been Folder on the line associated with this Sigal P. Mandelker, coordinated with the waterway users. rule. Under Secretary, Office of Terrorism and No objections to the proposed Financial Intelligence, Department of the FOR FURTHER INFORMATION CONTACT: If Treasury. temporary deviation were raised. you have questions on this rule, call or Vessels able to pass through the email MST2 Adam White, Marine Safety [FR Doc. 2017–23433 Filed 10–30–17; 8:45 am] bridge in the closed position may do so BILLING CODE 4810–AL–P Unit Savannah Office of Waterways at anytime. The bridge will be able to Management, Coast Guard; telephone open for emergencies and there is no 912–652–4353, extension 233, or email immediate alternate route for vessels to [email protected]. DEPARTMENT OF HOMELAND pass. The Coast Guard will also inform SECURITY the users of the waterway through our SUPPLEMENTARY INFORMATION: Local and Broadcast Notices to Mariners I. Table of Abbreviations Coast Guard of the change in operating schedule for the bridge so that vessel operators can CFR Code of Federal Regulations 33 CFR Part 117 arrange their transits to minimize any DHS Department of Homeland Security FR Federal Register [Docket No. USCG–2017–1012] impact caused by the temporary NPRM Notice of proposed rulemaking deviation. § Section Drawbridge Operation Regulation; In accordance with 33 CFR 117.35(e), U.S.C. United States Code China Basin, San Francisco, CA the drawbridge must return to its regular operating schedule immediately at the II. Background Information and AGENCY: Coast Guard, DHS. end of the effective period of this Regulatory History ACTION: Notice of deviation from temporary deviation. This deviation The Coast Guard is issuing this drawbridge regulation. from the operating regulations is temporary rule without prior notice and authorized under 33 CFR 117.35. SUMMARY: The Coast Guard has issued a opportunity to comment pursuant to temporary deviation from the operating Dated: October 25, 2017. authority under section 4(a) of the schedule that governs the 3rd Street Carl T. Hausner, Administrative Procedure Act (APA) (5 Drawbridge across China Basin, mile 0.0 District Bridge Chief, Eleventh Coast Guard U.S.C. 553(b)). This provision at San Francisco, CA. The deviation is District. authorizes an agency to issue a rule necessary to allow participants to cross [FR Doc. 2017–23608 Filed 10–30–17; 8:45 am] without prior notice and opportunity to the bridge during the Leukemia BILLING CODE 9110–04–P comment when the agency for good Lymphoma Society Light the Night cause finds that those procedures are Walk. This deviation allows the bridge ‘‘impracticable, unnecessary, or contrary to remain in the closed-to-navigation DEPARTMENT OF HOMELAND to the public interest.’’ Under 5 U.S.C. position during the deviation period. SECURITY 553(b)(B), the Coast Guard finds that good cause exists for not publishing a DATES: This deviation is effective from Coast Guard notice of proposed rulemaking (NPRM) 6 p.m. to 9 p.m. on November 16, 2017. with respect to this rule because doing ADDRESSES: The docket for this 33 CFR Part 165 so would be impracticable and contrary deviation, USCG–2017–1012, is [Docket Number USCG–2017–0973] to the public interest. Immediate action available at http://www.regulations.gov. is needed to respond to the potential Type the docket number in the RIN 1625–AA00 safety hazards associated with a boat ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ parade. The Coast Guard received Click on Open Docket Folder on the line Safety Zone, Savannah River, information on October 5, 2017 associated with this deviation. Savannah, GA regarding the operations beginning on FOR FURTHER INFORMATION CONTACT: If AGENCY: Coast Guard, DHS. November 25, 2017. The operation you have questions on this temporary ACTION: Temporary final rule. would begin before the rulemaking deviation, call or email Carl T. Hausner, process would be completed. Because of Chief, Bridge Section, Eleventh Coast SUMMARY: The Coast Guard is the dangers posed by the parade, the Guard District; telephone 510–437– establishing a temporary safety zone for safety zone is necessary to provide for 3516; email [email protected]. navigable waters on the Savannah River the safety of persons, vessels, and the SUPPLEMENTARY INFORMATION: The City in Savannah, GA from statute mile 13 to marine environment in the event area. of San Francisco has requested a statute mile 15. The safety zone is Therefore, it is impracticable and temporary change to the operation of the needed to protect personnel, vessels, contrary to the public interest to delay 3rd Street Drawbridge over China Basin, and the marine environment from promulgating this rule, as it is necessary mile 0.0, at San Francisco, CA. The potential hazards created by a boat to protect the safety of waterway users. drawbridge navigation span provides a parade. Entry of vessels or persons into Under 5 U.S.C. 553(d)(3), the Coast vertical clearance of 3 feet above Mean this zone is prohibited unless Guard finds that good cause exists for High Water in the closed-to-navigation specifically authorized by the Captain of making this rule effective less than 30 position. The draw opens on signal if at the Port (COTP) Savannah or a days after publication in the Federal least one hour notice is given, as designated representative. Register. Delaying the effective date of required by 33 CFR 117.149. Navigation DATES: This rule is effective from 4 p.m. this rule would be impracticable on the waterway is recreational. to 11 p.m. on November 25, 2017. because immediate action is needed to The drawspan will be secured in the ADDRESSES: To view documents respond to the potential safety hazards closed-to-navigation position from 6 mentioned in this preamble as being associated with the boat parade.
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III. Legal Authority and Need for Rule provide notification of the regulated D. Federalism and Indian Tribal The Coast Guard is issuing this rule area to the local maritime community by Governments under authority in 33 U.S.C. 1231. The Local Notice to Mariners, Broadcast A rule has implications for federalism COTP Savannah has determined that Notice to Mariners via VHF–FM marine under Executive Order 13132, potential hazards associated with the channel 16, and Marine Safety Security Federalism, if it has a substantial direct boat parade starting November 25, 2017, Bulletin release. effect on the States, on the relationship will be a safety concern for anyone on B. Impact on Small Entities between the national government and the Savannah River in Savannah, GA the States, or on the distribution of from statute mile 13 to statute mile 15. The Regulatory Flexibility Act of power and responsibilities among the This rule is needed to protect personnel, 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have vessels, and the marine environment in requires Federal agencies to consider analyzed this rule under that Order and the navigable waters within the safety the potential impact of regulations on have determined that it is consistent zone while the parade is underway. small entities during rulemaking. The with the fundamental federalism IV. Discussion of the Rule term ‘‘small entities’’ comprises small principles and preemption requirements businesses, not-for-profit organizations described in Executive Order 13132. This rule establishes a safety zone that are independently owned and Also, this rule does not have tribal from 4 p.m. until 11 p.m. on November operated and are not dominant in their implications under Executive Order 25, 2017. The safety zone will cover all fields, and governmental jurisdictions 13175, Consultation and Coordination navigable waters on the Savannah River with populations of less than 50,000. with Indian Tribal Governments, from statute mile 13 to statute mile 15. because it does not have a substantial The duration of the zone is intended to The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a direct effect on one or more Indian protect personnel, vessels, and the tribes, on the relationship between the marine environment in these navigable significant economic impact on a Federal Government and Indian tribes, waters while the parade is underway. substantial number of small entities. or on the distribution of power and No vessel or person will be permitted to While some owners or operators of responsibilities between the Federal enter, transit through, anchor in, or vessels intending to transit the safety Government and Indian tribes. If you remain within the safety zone without zone may be small entities, for the believe this rule has implications for obtaining permission from the COTP or reasons stated in section V.A above, this federalism or Indian tribes, please a designated representative. rule will not have a significant contact the person listed in the FOR economic impact on any vessel owner V. Regulatory Analyses FURTHER INFORMATION CONTACT section or operator. We developed this rule after above. Under section 213(a) of the Small considering numerous statutes and E. Unfunded Mandates Reform Act Executive orders related to rulemaking. Business Regulatory Enforcement Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act based on a number of these statutes and we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires Executive orders, and we discuss First understanding this rule. If the rule Federal agencies to assess the effects of Amendment rights of protestors. would affect your small business, their discretionary regulatory actions. In organization, or governmental particular, the Act addresses actions A. Regulatory Planning and Review jurisdiction and you have questions that may result in the expenditure by a Executive Orders 12866 and 13563 concerning its provisions or options for State, local, or tribal government, in the direct agencies to assess the costs and compliance, please contact the person aggregate, or by the private sector of benefits of available regulatory listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or alternatives and, if regulation is CONTACT section. more in any one year. Though this rule necessary, to select regulatory Small businesses may send comments will not result in such an expenditure, approaches that maximize net benefits. on the actions of Federal employees we do discuss the effects of this rule Executive Order 13771 directs agencies who enforce, or otherwise determine elsewhere in this preamble. to control regulatory costs through a compliance with, Federal regulations to F. Environment budgeting process. This rule has not the Small Business and Agriculture We have analyzed this rule under been designated a ‘‘significant Regulatory Enforcement Ombudsman Department of Homeland Security regulatory action,’’ under Executive and the Regional Small Business Order 12866. Accordingly, this rule has Management Directive 023–01 and Regulatory Fairness Boards. The not been reviewed by the Office of Commandant Instruction M16475.lD, Ombudsman evaluates these actions Management and Budget (OMB), and which guide the Coast Guard in annually and rates each agency’s pursuant to OMB guidance it is exempt complying with the National responsiveness to small business. If you from the requirements of Executive Environmental Policy Act of 1969 (42 wish to comment on actions by Order 13771. U.S.C. 4321–4370f), and have This regulatory action determination employees of the Coast Guard, call determined that this action is one of a is based on the size, location, duration, 1–888–REG–FAIR (1–888–734–3247). category of actions that do not and time-of-day of the safety zone. The The Coast Guard will not retaliate individually or cumulatively have a safety zone affects only a small portion against small entities that question or significant effect on the human of the Savannah River for seven hours complain about this rule or any policy environment. This rule involves a safety during the evening when vessel traffic is or action of the Coast Guard. zone lasting only seven hours that will normally lower. Moreover, vessels and C. Collection of Information prohibit entry on the Savannah River in persons seeking to enter, transit Savannah, GA from statute mile 13 to through, anchor in, or remain within the This rule will not call for a new statute mile 15. It is categorically regulated area may seek authority from collection of information under the excluded from further review under the COTP or a designated Paperwork Reduction Act of 1995 (44 paragraph 34(g) of Figure 2–1 of the representative. The Coast Guard will U.S.C. 3501–3520). Commandant Instruction. A Record of
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Environmental Consideration anchor in, or remain within the email MST1 Jennifer Haggins, Marine supporting this determination is regulated area is granted by the COTP Safety Unit Pittsburgh, U.S. Coast available in the docket where indicated Savannah or a designated Guard; telephone 412–221–0807, email under ADDRESSES. representative, all persons and vessels [email protected]. receiving such authorization must SUPPLEMENTARY INFORMATION: G. Protest Activities comply with the instructions of the The Coast Guard respects the First COTP Savannah or a designated I. Table of Abbreviations Amendment rights of protesters. representative. CFR Code of Federal Regulations Protesters are asked to contact the (3) The Coast Guard will provide COTP Captain of the Port Marine Safety person listed in the FOR FURTHER notice of the regulated areas by Local Unit Pittsburgh INFORMATION CONTACT section to Notice to Mariners, Broadcast Notice to DHS Department of Homeland Security coordinate protest activities so that your Mariners, Marine Safety Security FR Federal Register message can be received without Bulletins, and on-scene designated NPRM Notice of proposed rulemaking jeopardizing the safety or security of representatives. § Section people, places or vessels. (e) Effective and enforcement period. U.S.C. United States Code This rule is effective and will be List of Subjects in 33 CFR Part 165 II. Background Information and enforced on November 25, 2017 from 4 Regulatory History Harbors, Marine safety, Navigation p.m. to 11 p.m. (water), Reporting and recordkeeping The Coast Guard is issuing this Dated: October 24, 2017. temporary rule without prior notice and requirements, Security measures, Norman C. Witt, Waterways. opportunity to comment pursuant to Commander, U.S. Coast Guard, Captain of authority under section 4(a) of the For the reasons discussed in the the Port Savannah. Administrative Procedure Act (APA) (5 preamble, the Coast Guard amends 33 [FR Doc. 2017–23616 Filed 10–30–17; 8:45 am] U.S.C. 553(b)). This provision CFR part 165 as follows: BILLING CODE 9110–04–P authorizes an agency to issue a rule PART 165—REGULATED NAVIGATION without prior notice and opportunity to AREAS AND LIMITED ACCESS AREAS comment when the agency for good DEPARTMENT OF HOMELAND cause finds that those procedures are ■ 1. The authority citation for part 165 SECURITY ‘‘impracticable, unnecessary, or contrary continues to read as follows: Coast Guard to the public interest.’’ Under 5 U.S.C. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 553(b)(B), the Coast Guard finds that 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 33 CFR Part 165 good cause exists for not publishing a Department of Homeland Security notice of proposed rulemaking (NPRM) Delegations No. 0170.1. [Docket Number USCG–2017–0891] with respect to this rule because it is impracticable. ■ 2. Add § 165.T07–0973 to read as RIN 1625–AA00 The Coast Guard received a notice of follows: Safety Zone; Monongahela River, the event on September 7, 2017. After § 165.T07–0973 Safety Zone; Savannah Monongahela, PA receiving and fully reviewing the event Harbor Boat Parade, Savannah River, information, circumstances and exact Savannah, GA. AGENCY: Coast Guard, DHS. location, the Coast Guard determined (a) Regulated area. The following ACTION: Temporary final rule. that a safety zone was necessary to regulated area is a safety zone: All SUMMARY: The Coast Guard is protect personnel, vessels, and the waters of the Savannah River from establishing a temporary safety zone for marine environment from potential statute mile 13 to statute mile 15. navigable waters of the Monongahela hazards created from a land based (b) Definition. As used in this section, River from mile marker (MM) 31.5 to fireworks display. It would be ‘‘designated representative’’ means (MM) 32.5. The safety zone is necessary impracticable to complete the full Coast Guard Patrol Commanders, to provide for the safety of life on these NPRM process for this safety zone including Coast Guard coxswains, petty navigable waters near Monongahela, PA because we need to establish it by officers, and other officers operating from potential hazards created by a land November 17, 2017 and lack sufficient Coast Guard vessels or aircraft, and based fireworks display. Entry of vessels time to provide a reasonable comment federal, state, and local officers or persons into this zone is prohibited period and then consider those designated by or assisting the Captain of unless specifically authorized by the comments before issuing the rule. the Port (COTP) Savannah in the Captain of the Port Marine Safety Unit We are issuing this rule, and under 5 enforcement of the regulated areas. Pittsburgh (COTP) or a designated U.S.C. 553(d)(3), the Coast Guard finds (c) Regulations. (1) All persons and representative. that good cause exists for making it vessels are prohibited from entering, effective less than 30 days after transiting through, anchoring in, or DATES: This rule is effective from 8:30 publication in the Federal Register. remaining within the regulated area of p.m. through 10:30 p.m. on November Delaying this rule would be contrary to the safety zone unless authorized by the 17, 2017. the public interest of ensuring the safety COTP Savannah or a designated ADDRESSES: To view documents of spectators and vessels during the representative. mentioned in this preamble as being event and action is necessary to prevent (2) Persons or vessels desiring to available in the docket, go to http:// possible loss of life and property. enter, transit through, anchor in, or www.regulations.gov, type USCG–2017– remain within the safety zone may 0891 in the ‘‘SEARCH’’ box and click III. Legal Authority and Need for Rule contact COTP Savannah by telephone at ‘‘SEARCH.’’ Click on Open Docket The Coast Guard is issuing this rule (912) 652–4353, or a designated Folder on the line associated with this under authority in 33 U.S.C. 1231. The representative via VHF radio on channel rule. Captain of the Port Pittsburgh (COTP) 16, to request authorization. If FOR FURTHER INFORMATION CONTACT: If has determined that a safety zone is authorization to enter, transit through, you have questions on this rule, call or needed on November 17, 2017. This rule
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is needed to protect personnel, vessels, businesses, not-for-profit organizations Also, this rule does not have tribal and the marine environment from that are independently owned and implications under Executive Order potential hazards created from a land operated and are not dominant in their 13175, Consultation and Coordination based fireworks display. fields, and governmental jurisdictions with Indian Tribal Governments, with populations of less than 50,000. because it does not have a substantial IV. Discussion of the Rule The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian This rule establishes a safety zone 605(b) that this rule will not have a tribes, on the relationship between the from 8:30 p.m. through 10:30 p.m. on significant economic impact on a Federal Government and Indian tribes, November 17, 2017. The safety zone substantial number of small entities. or on the distribution of power and will cover all navigable waters on the While some owners or operators of responsibilities between the Federal Monongahela River from MM 31.5 to vessels intending to transit the safety Government and Indian tribes. If you MM 32.5. The duration of the safety zone may be small entities, for the believe this rule has implications for zone is intended to protect personnel, reasons stated in section V.A. above, federalism or Indian tribes, please vessels, and the marine environment this rule will not have a significant contact the person listed in the FOR from potential hazards created from a economic impact on any vessel owner FURTHER INFORMATION CONTACT section land based fireworks display. No vessel or operator. above. or person will be permitted to enter the Under section 213(a) of the Small E. Unfunded Mandates Reform Act safety zone without obtaining Business Regulatory Enforcement permission from the COTP or a Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act designated representative. we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires V. Regulatory Analyses understanding this rule. If the rule Federal agencies to assess the effects of would affect your small business, their discretionary regulatory actions. In We developed this rule after organization, or governmental particular, the Act addresses actions considering numerous statutes and jurisdiction and you have questions that may result in the expenditure by a Executive Order related to rulemaking. concerning its provisions or options for State, local, or tribal government, in the Below we summarize our analyses compliance, please contact the person aggregate, or by the private sector of based on a number of these statutes and listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or Executive orders, and we discuss First CONTACT section. more in any one year. Though this rule Amendment rights of protestors. Small businesses may send comments will not result in such expenditure, we A. Regulatory Planning and Review on the actions of Federal employees do discuss the effects of this rule Executive Orders 12866 and 13563 who enforce, or otherwise determine elsewhere in this preamble. direct agencies to assess the costs and compliance with, Federal regulations to F. Environment benefits of available regulatory the Small Business and Agriculture alternatives and, if regulation is Regulatory Enforcement Ombudsman We have analyzed this rule under necessary, to select regulatory and the Regional Small Business Department of Homeland Security approaches that maximize net benefits. Regulatory Fairness Boards. The Management Directive 023–01 and Executive Order 13771 directs agencies Ombudsman evaluates these actions Commandant Instruction M16475.lD, to control regulatory costs through a annually and rates each agency’s which guide the Coast Guard in budgeting process. This rule has not responsiveness to small business. If you complying with the National been designated a ‘‘significant wish to comment on actions by Environmental Policy Act of 1969 (42 regulatory action,’’ under Executive employees of the Coast Guard, call U.S.C. 4321–4370f), and have Order 12866. Accordingly, this rule has 1–888–REG–FAIR (1–888–734–3247). determined that this action is one of a not been reviewed by the Office of The Coast Guard will not retaliate category of actions that do not Management and Budget (OMB), and against small entities that question or individually or cumulatively have a pursuant to OMB guidance it is exempt complain about this rule or any policy significant effect on the human from the requirements of Executive or action of the Coast Guard. environment. This rule involves a safety zone lasting two hours that will prohibit Order 13771. C. Collection of Information This regulatory action determination entry on the Monongahela River from is based on the size, location, and This rule will not call for a new MM 31.5 to MM 32.5, during the land duration of the safety zone. This safety collection of information under the based fireworks event. It is categorically zone impacts a small portion of the Paperwork Reduction Act of 1995 (44 excluded from further review under waterway and for a limited duration of U.S.C. 3501–3520). paragraph 34(g) of Figure 2–1 of the two hours. Vessel traffic will be Commandant Instruction. A Record of D. Federalism and Indian Tribal Environmental Consideration informed about the safety zone through Governments local notices to mariners. Moreover, the supporting this determination is Coast Guard will issue Broadcast A rule has implications for federalism available in the docket where indicated Notices to Mariners via VHF–FM marine under Executive Order 13132, under ADDRESSES. channel 16 about the zone and the rule Federalism, if it has a substantial direct G. Protest Activities allows vessels to seek permission to effect on the States, on the relationship transit the zone. between the national government and The Coast Guard respects the First the States, or on the distribution of Amendment rights of protesters. B. Impact on Small Entities power and responsibilities among the Protesters are asked to contact the The Regulatory Flexibility Act of various levels of government. We have person listed in the FOR FURTHER 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and INFORMATION CONTACT section to requires Federal agencies to consider have determined that it is consistent coordinate protest activities so that your the potential impact of regulations on with the fundamental federalism message can be received without small entities during rulemaking. The principles and preemption requirements jeopardizing the safety or security of term ‘‘small entities’’ comprises small described in Executive Order 13132. people, places or vessels.
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List of Subjects in 33 CFR Part 165 POSTAL REGULATORY COMMISSION 3198 (2006). The revised rules will treat employees’ and former employees’ Marine safety, Navigation (water), 39 CFR Part 3000 interactions with the Postal Service Reporting and recordkeeping [Docket No. RM2017–4; Order No. 4178] substantially the same as if those requirements, Security measures, interactions were with entities that are Waterways. Supplemental Standards of Ethical not part of the federal government. For the reasons discussed in the Conduct II. Background preamble, the Coast Guard amends 33 AGENCY: Postal Regulatory Commission. The ethics rules contained in 39 CFR CFR part 165 as follows: ACTION: Final rule. subpart A of part 3000 were adopted in a 1971 rulemaking, in which the Civil PART 165—REGULATED NAVIGATION SUMMARY: The Commission revises its Service Commission promulgated AREAS AND LIMITED ACCESS AREAS existing ethics rules to replace those employee conduct regulations on the duplicative rules with rules that reflect Commission’s behalf. 36 FR 5412 (Mar. ■ 1. The authority citation for part 165 the Commission’s current regulatory 23, 1971). In 1993, the Commission continues to read as follows: role under the Postal Accountability and collaborated with OGE to revise the Enhancement Act. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Commission’s ethics rules in 39 CFR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; DATES: Effective date: November 30, subpart A of part 3000. 58 FR 42873, Department of Homeland Security Delegation 2017. 42874 (Aug. 12, 1993). The Commission No. 0170.1. FOR FURTHER INFORMATION CONTACT: amended the ethics rules in 2001 to David A. Trissell, General Counsel, at eliminate a redundant provision. 66 FR ■ 2. Add § 165.T08–0891 to read as 202–789–6820. 32544, 32545 (Jun. 15, 2001). follows: SUPPLEMENTARY INFORMATION: In 2006, the PAEA changed the agency’s name from the Postal Rate § 165.T08–0891 Safety Zone: Monongahela Table of Contents Commission to the Postal Regulatory River, Monongahela, PA. I. Introduction Commission and made several changes (a) Location. The following area is a II. Background to the Commission’s regulatory role. In safety zone: All navigable waters of the III. Comments 2007, the Commission amended its Monongahela River from mile marker IV. Commission Analysis ethics rules to correct the statutory (MM) 31.5 to MM 32.5. V. Ordering Paragraphs authority and the agency’s name, both of I. Introduction which were changed by the PAEA. 72 (b) Effective date. This rule is effective FR 33164, 33165 (Jun. 15, 2007). In from 8:30 p.m. through 10:30 p.m. on On May 24, 2017, the Postal 2016, the Commission amended its November 17, 2017. Regulatory Commission (Commission) ethics rules to redesignate the (c) Regulations. (1) In accordance with issued a notice of proposed rulemaking numbering to be consistent with the the general regulations in § 165.23, entry to amend the Commission’s ethics rules, Federal Register Document Drafting 1 into this zone is prohibited unless 39 CFR subpart A of part 3000. On the Handbook and to correct the listed same day, with the concurrence of the authorized by the Captain of the Port authority. 81 FR 42534, 42540 (Jun. 30, Office of Government Ethics (OGE), the Marine Safety Unit Pittsburgh (COTP) or 2016). Neither amendment modernized Commission also issued a notice of a designated representative. the Commission’s ethics rules to reflect proposed rulemaking to amend the the PAEA’s enhancements to the (2) Persons or vessels requiring entry supplemental standards of ethical Commission’s responsibilities. into or passage through the zone must conduct, 5 CFR part 5601, applicable to Because the ethics rules in existing 39 request permission from the COTP or a Commission employees.2 CFR subpart A of part 3000 are designated representative. The Executive branch employees are redundant to rules contained in title 5 designated representative may be subject to multiple federal ethics laws, of the Code of Federal Regulations, the contacted at 412–221–0807. regulations issued by OGE, and Commission undertook this rulemaking (3) All persons and vessels shall executive orders. Because existing 39 to streamline its regulations. Order No. CFR subpart A of part 3000 contains comply with the instructions of the 3907 at 4–5. Further, the PAEA’s several rules that are duplicative of COTP or a designated representative. changes to the Commission’s rules contained in 5 CFR part 2638 and Designated representatives include responsibilities drive the need to 5 CFR part 5601, as amended, the United States Coast Guard modernize the ethics rules to ensure Commission will revise existing 39 CFR that consistent rules will apply to commissioned, warrant, and petty subpart A of part 3000. The Commission officers. employees’ and former employees’ will replace those duplicative rules with interactions with entities outside the (d) Information broadcasts. The rules that reflect the Commission’s federal government and with the Postal Captain COTP or a designated current regulatory role under the Postal Service. representative will inform the public Accountability and Enhancement Act through broadcast notices to mariners of (PAEA), Public Law 109–435, 120 Stat. III. Comments the enforcement period for the safety The Commission received two sets of zone as well as any changes in the 1 82 FR 23766 (May 24, 2017). The Commission comments pertaining to the proposed planned schedule. posted this document on its Web site on May 19, revisions to the supplemental standards 2017. Notice of Proposed Rulemaking on Dated: October 26, 2017. Amendments to Ethics Rules, May 19, 2017 (Order of ethical conduct and the No. 3907). Commission’s ethics rules. L. McClain, Jr., 2 82 FR 23758 (May 24, 2017). The Commission Sum Comments. The Commission Commander, Captain of the Port, U.S. Coast posted this document on its Web site on May 19, received the following comment Guard. 2017. Order No. 3906, Notice of Proposed Rulemaking on Amendments to Supplemental through the www.federalregister.gov [FR Doc. 2017–23652 Filed 10–30–17; 8:45 am] Standards of Ethical Conduct for Employees of the Web site: ‘‘Any deletion of ethical BILLING CODE 9110–04–P Postal Regulatory Commission, May 19, 2017. conduct would not be in the best
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interest of the American people due to IV. Commission Analysis The regulations at issue in this Order, transparency.’’ 3 Neither commenter suggested changes the ethics rules applicable to PR Comments. The Public to the proposed rules. The Public Commission employees only, concern Representative supports the proposed Representative supports the proposed restrictions imposed upon Commission revisions.4 He deems it ‘‘critical that the rules. Id. at 2–3. In response to the employees in addition to these laws and Commission’s ethics rules accurately concern expressed in the Sum standards. The proposed revisions reflect its role as a regulator and are Comments, the Commission reiterates remain consistent with these laws and reflective of the agency’s procedures.’’ its commitment to upholding the do not abrogate their application in any PR Comments at 2. He concludes that highest ethical standards. As executive way. Streamlining the Commission’s the proposed revisions serve the public branch employees, Commission ethics rules supports OGE’s mission to interest, reinforce public perception of employees remain subject to several establish a single, comprehensive, and the Commission’s integrity, and increase statutes governing conflicts of interests clear set of executive branch standards accessibility and transparency. Id. He (see, e.g., 18 U.S.C. 201–219); the of ethical conduct in accordance with states that ‘‘the Commission’s judgment standards of ethical conduct appearing Executive Order 12731. The proposed in Executive Order 12674, as amended revisions will not lead to any reduction that the standards applied to private 5 firms should apply to the Postal Service by Executive Order 12731; and in the ethical obligations of Commission is reasonable.’’ Id. at 2–3. He also states regulations promulgated by OGE employees. Ultimately, the proposed relating to several issues, including that the proposed revisions help to revisions will enhance the financial disclosure, the standards of ‘‘maintain the public’s confidence that Commission’s adherence to ethical ethical conduct, and post-employment Commission staff are fulfilling their conduct by more accurately reflecting conflicts of interest (see, e.g., 5 CFR the Commission’s modern regulatory roles impartially.’’ Id. at 2. parts 2634, 2635, and 2641). role under the PAEA. He observes that the proposed Commission employees are also subject deletions are primarily editorial to the supplemental standards of ethical Specifically, the Commission deletes revisions made to delete duplicative and conduct, 5 CFR part 5601, which are the four rules in existing 39 CFR subpart outdated sections. Id. at 3. He notes that also being revised to reflect the A of part 3000, which are redundant to the proposed deletions will not limit the Commission’s modern regulatory role provisions contained in title 5 of the ethical obligations of Commission under the PAEA and to remove Code of Federal Regulations, as employees. Id. duplicative and outdated provisions.6 displayed in the following table:
Existing subpart A of part 3000 Description of the existing rule Duplicative provision contained in title 5
§ 3000.5 ...... Cross-reference to employee ethical conduct standards and 5 CFR 5601.101(a), as amended by Order No. 4177. financial disclosure regulations. § 3000.10 ...... Memorializing the duties of the Designated Agency Ethics 5 CFR part 2638. Official (DAEO) for the Commission. § 3000.15 ...... Memorializing the prohibition against financial conflicts of in- 5 CFR 5601.102, as amended by Order No. 4177. terest. § 3000.20 ...... Prohibited outside employment, prior approval to engage in 5 CFR 5601.104(a) and (b) and 5601.103(a), as amended outside employment, and disqualification when seeking by Order No. 4177. non-federal employment.
Further, as detailed in Order No. The Commission makes two editorial Commission adds a procedural sentence 3907, the Commission issues revisions. First, the Commission memorializing that the DAEO will replacement rules that will improve corrects the format of the cross- inform the employee and the transparency and the ability of references to title 5 of the Code of employee’s supervisor in writing of each Commission employees to adhere to the Federal Regulations in proposed matter from which the employee is highest ethical standards. Specifically, §§ 3000.10 and 3000.15. disqualified from participating. This these rules treat employees’ and former Second, the Commission clarifies the clarifying revision will better ensure employees’ interactions with the Postal text of proposed § 3000.10(a), relating to that the employee is disqualified from Service substantially the same as if the obligation of Commission employees all applicable matters. For these reasons and those reasons detailed in Order No. those interactions were with entities seeking employment with the Postal 3907, the Commission adopts the that are not part of the federal Service to provide written notice of proposed rules without substantial government. As noted by the Public disqualification to the DAEO. The changes. Representative, this will serve the Commission adds a cross-reference to public interest and reinforce public reflect that this obligation supplements V. Ordering Paragraphs perception of the Commission’s the requirement that Commission integrity with respect to the oversight of employees seeking non-federal It is ordered: the Postal Service. See PR Comments employment provide written notice of 1. Subpart A of part 3000 of title 39, at 2. disqualification to the DAEO. Also, the Code of Federal Regulations, is
3 Comment Received from Beth Sum, June 19, of Ethical Conduct for Employees of the Postal 5 See Executive Order No. 12674, 54 FR 15159 2017 (Sum Comments). For transparency, this Regulatory Commission, June 26, 2017 (PR (Apr. 12, 1989); Executive Order No. 12731, 55 FR comment was posted to the Commission’s Web site Comments). The Public Representative also filed a 42547 (Oct. 17, 1990). and associated with this docket. motion for late acceptance of his comments. Motion 6 Order No. 4177, Order Amending Supplemental 4 Public Representative Comments on Notices of of Public Representative for Late Acceptance of Standards of Ethical Conduct for Employees of the Proposed Rulemaking on Amendments to Ethics Comments, June 26, 2017 (Motion). The Motion is Rules and Amendments to Supplemental Standards granted. Postal Regulatory Commission, October 25, 2017.
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amended as set forth below the with any proceeding or matter before (TRPs) to implement the new X-factor to signature of this Order effective 30 days the Commission that was under the become effective on December 1, 2017. after the date of publication of this official responsibility of such In particular, the Commission amended Order in the Federal Register. individual, as defined in 18 U.S.C. its rules to state that the X-factor shall 2. The Secretary shall arrange for 202(b), while in the service of the equal 2 percent effective December 1, publication of this order in the Federal Commission. 2017. This document is consistent with Register. the Order, which stated that the § 3000.10 Additional required notification Commission would publish a document List of Subjects in 39 CFR Part 3000 of disqualification when seeking employment. in the Federal Register announcing the Conflict of interests. effective date of this rule. (a) Notwithstanding 5 CFR By the Commission. DATES: The amendment to 47 CFR 2635.603(a), an employee that seeks 61.45(b)(1)(iv), published at June 2, Stacy L. Ruble, employment with the Postal Service 2017, 82 FR 25660, is effective October Secretary. must provide written notice of 31, 2017. For the reasons discussed in the disqualification to the Designated preamble, the Commission amends Agency Ethics Official (DAEO) FOR FURTHER INFORMATION CONTACT: chapter III of title 39 of the Code of consistent with 5 CFR 5601.103(a). The William Kehoe, Pricing Policy Division, Federal Regulations as follows: DAEO will inform the employee and the Wireline Competition Bureau, at (202) employee’s supervisor in writing of each 418–7122, or email: william.kehoe@ CHAPTER III—POSTAL REGULATORY fcc.gov. COMMISSION matter from which the employee is disqualified from participating. SUPPLEMENTARY INFORMATION: This ■ 1. Under the authority of 39 U.S.C. (b) An employee may withdraw document announces that, on October 503, remove the heading of subchapter written notice under paragraph (a) of 13, 2017, OMB approved, for a period of A. this section consistent with 5 CFR three years, the information collection requirement relating to § 61.45(b)(1)(iv) PART 3000—STANDARDS OF 5601.103(b). of the Commission’s rules, as contained CONDUCT § 3000.15 Additional limitation on in the Commission’s Business Data acceptance of anything of value. ■ 2. The authority citation for part 3000 Services Report and Order, FCC 17–43, Regardless of 5 CFR 2635.203(b)(7), a continues to read as follows: published at 82 FR 25660, June 2, 2017. Commission employee may not accept a The OMB Control Number is 3060– Authority: 39 U.S.C. 503; 504, 3603; E.O. gift from the Postal Service, unless 0400. The Commission publishes this 12674; 54 FR 15159; 3 CFR,1989 Comp., p. another exception or exclusion to 5 CFR document as an announcement of the 215, as modified by E.O. 12731, 56 FR 42547, 2635.203 applies or a waiver is granted 3 CFR, 1990 Comp., p. 396, 5 CFR parts 2634 effective date of the rules. If you have and 2635. by the DAEO. any comments on the burden estimates ■ 3. Revise subpart A of part 3000 to § 3000.20 [Reserved] listed below, or how the Commission read as follows: can improve the collections and reduce [FR Doc. 2017–23576 Filed 10–30–17; 8:45 am] any burdens caused thereby, please Subpart A—General Provisions BILLING CODE 7710–FW–P contact Nicole Ongele, Federal Communications Commission, Room Sec. 1–A620, 445 12th Street SW., 3000.5 Post-employment restrictions. FEDERAL COMMUNICATIONS Washington, DC 20554. Please include 3000.10 Additional required notification of disqualification when seeking COMMISSION the OMB Control Number, 3060–0400, employment. in your correspondence. The 3000.15 Additional restriction on 47 CFR Part 61 Commission will also accept your acceptance of anything of value. [WC Docket Nos. 16–143, 05–25, GN Docket comments via email at [email protected]. 3000.20 [Reserved] No. 13–5, RM–10593; FCC 17–43] To request materials in accessible formats for people with disabilities § 3000.5 Post-employment restrictions. Business Data Services in an Internet (Braille, large print, electronic files, All former employees of the Postal Protocol Environment; Technology audio format), send an email to fcc504@ Regulatory Commission (Commission) Transitions; Special Access for Price fcc.gov or call the Consumer and are subject to the following restrictions Cap Local Exchange Carriers; AT&T Governmental Affairs Bureau at (202) on appearance and practice before the Corporation Petition for Rulemaking 418–0530 (voice), (202) 418–0432 Commission on behalf of any (TTY). participant, including the United States AGENCY: Federal Communications Postal Service (Postal Service): Commission. Synopsis (a) No former employee of the ACTION: Final rule; announcement of As required by the Paperwork Commission may practice or act as an effective date. Reduction Act of 1995 (44 U.S.C. 3507), attorney, expert witness, or the FCC is notifying the public that it representative in connection with any SUMMARY: In this document, the received final OMB approval on October proceeding or matter before the Commission announces that the Office 13, 2017, for the information collection Commission that the former employee of Management and Budget (OMB) has requirements contained in the has handled, advised, or participated in approved, for a period of three years, an modifications to the Commission’s rules the consideration of while in the service information collection associated with in 47 CFR part 61. Under 5 CFR part of the Commission. the Commission’s Business Data 1320, an agency may not conduct or (b) No former employee of the Services Report and Order, FCC 17–43, sponsor a collection of information Commission may within 1 year after his which, among other things, adopted an unless it displays a current, valid OMB or her employment has ceased, practice X-factor of two percent and required Control Number. before or act as an attorney, expert price cap ILECs to make a one-time No person shall be subject to any witness, or representative in connection filing to revise their Tariff Review Plans penalty for failing to comply with a
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collection of information subject to the business data services that will remain SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act that does not tariffed. Additionally, the Order snapper-grouper fishery of the South display a current, valid OMB Control adopted an X-factor of two percent and Atlantic includes greater amberjack and Number. The OMB Control Number is required price cap ILECs to make a one- is managed under the Fishery 3060–0400. time filing to revise their TRPs to Management Plan for the Snapper- The foregoing notice is required by implement the new X-factor to become Grouper Fishery of the South Atlantic the Paperwork Reduction Act of 1995, effective on December 1, 2017. In Region (FMP). The FMP was prepared Public Law 104–13, October 1, 1995, particular, the Commission amended by the South Atlantic Fishery and 44 U.S.C. 3507. § 61.45(b)(1)(iv) of its rules to state that Management Council (Council) and is The total annual reporting burdens the X-factor shall equal 2 percent implemented by NMFS under the and costs for the respondents are as effective December 1, 2017. To ease the authority of the Magnuson-Stevens follows: burden on industry, the only factor that Fishery Conservation and Management OMB Control Number: 3060–0400. changes in the revised TRPs is the Act (Magnuson-Stevens Act) by OMB Approval Date: October 13, X-factor. Base period demand and the regulations at 50 CFR part 622. 2017. value of GDP–PI will stay constant for The recreational ACL for South OMB Expiration Date: October 31, this particular filing. Atlantic greater amberjack is 1,167,837 2020. Federal Communications Commission. lb (529,722 kg), round weight, as Title: Part 61, Tariff Review Plan. specified at 50 CFR 622.193(k)(2)(i). The Marlene H. Dortch, Form Number: N/A. fishing year for South Atlantic greater Respondents: Business or other for- Secretary, Office of the Secretary. amberjack is from March 1 through the profit entities. [FR Doc. 2017–23621 Filed 10–30–17; 8:45 am] end of February (50 CFR 622.7(d)). Number of Respondents and BILLING CODE 6712–01–P Under the recreational AM at 50 CFR Responses: 2,749 respondents; 4,165 622.193(k)(2)(i), when landings of the responses. greater amberjack recreational sector Estimated Time per Response: 0.50 DEPARTMENT OF COMMERCE reach, or are projected to reach, its ACL, hours—53 hours. NMFS is required to close the Frequency of Response: One-time, National Oceanic and Atmospheric recreational sector for greater amberjack biennial and on-occasion reporting Administration by filing a notification to that effect with requirements. the Office of the Federal Register unless Obligation to Respond: Required to 50 CFR Part 622 NMFS determines that no closure is obtain or retain benefits. Statutory [Docket No. 140819686–5999–02] necessary based on the best scientific authority for this information collection information available. (IC) is contained in 47 U.S.C. 10(a) of RIN 0648–XF779 NMFS has determined that the the Communications Act of 1934, as Fisheries of the Caribbean, Gulf of recreational ACL has been reached in amended. Mexico, and South Atlantic; Snapper- the current fishing year of March 1, Total Annual Burden: 60,878 hours. Grouper Fishery of the South Atlantic; 2017, through February 28, 2018, and Total Annual Cost: No Cost. that a closure is necessary. Therefore, Nature and Extent of Confidentiality: 2017 Recreational Accountability Measure and Closure for Greater this temporary rule implements an AM Respondents are not being asked to Amberjack to close the greater amberjack submit confidential information to the recreational sector in the South Atlantic Commission. If the Commission AGENCY: National Marine Fisheries for the remainder of the current fishing requests respondents to submit Service (NMFS), National Oceanic and year. As a result, the recreational sector information which respondents believe Atmospheric Administration (NOAA), for greater amberjack in the South are confidential, respondents may Commerce. Atlantic EEZ will close effective at 12:01 request confidential treatment of such ACTION: Temporary rule; closure. a.m., local time October 31, 2017. information under 47 CFR 0.459 of the On October 18, 2017, NMFS closed Commission’s rules. SUMMARY: NMFS implements an the commercial sector of greater Privacy Act: No impact(s). accountability measure (AM) for the amberjack in the South Atlantic because Needs and Uses: The Commission has recreational sector of greater amberjack the sector had reached the commercial developed standardized Tariff Review in the South Atlantic exclusive quota (equivalent to the commercial Plans (TRPs) that set forth the summary economic zone (EEZ) through this ACL) (82 FR 47640, October 13, 2017). material that incumbent LECs (LECs) temporary rule. NMFS estimates that Because the commercial sector for South file to support revisions to the rates in recreational landings have reached the Atlantic greater amberjack has already their interstate access service tariffs. The recreational annual catch limit (ACL) for closed for the remainder of the current TRPs display basic data on rate greater amberjack in the South Atlantic. fishing year, all harvest of South development in a consistent manner, Therefore, NMFS closes the recreational Atlantic greater amberjack will end on thereby facilitating review of the sector for greater amberjack in the South October 31, 2017. Both the commercial incumbent LEC rate revisions by the Atlantic EEZ for the remainder of the and recreational sectors for South Commission and interested parties. The current fishing year (see DATES). This Atlantic greater amberjack will reopen TRPs have served this purpose closure is necessary to protect the on March 1, 2018, the start of the next effectively in past years. greater amberjack resource in the South fishing year. On April 20, 2017, the Commission Atlantic. During this closure, the bag and adopted the Business Data Services DATES: This rule is effective from 12:01 possession limits for greater amberjack Report and Order, FCC 17–43, reforming a.m., local time, October 31, 2017, until in or from the South Atlantic EEZ are the business data services/special access 12:01 a.m. local time, on March 1, 2018. zero. The prohibition on harvest or regulations for incumbent and FOR FURTHER INFORMATION CONTACT: possession of greater amberjack applies competitive LECs by detariffing certain Mary Vara, NMFS Southeast Regional on board a vessel for which a valid business data services and modifying Office, telephone: 727–824–5305, email: Federal commercial or charter vessel/ the regulatory obligations for those [email protected]. headboat permit for South Atlantic
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snapper-grouper has been issued, This action responds to the best because of the need to immediately without regard to where the greater scientific information available. The implement this action to protect South amberjack was harvested or possessed, Assistant Administrator for NOAA Atlantic greater amberjack. Prior notice i.e., in state or Federal waters. Fisheries (AA) finds that the need to and opportunity for public comment Classification immediately implement this action to would require time and would close the recreational sector for greater potentially allow the recreational sector The Regional Administrator for the amberjack constitutes good cause to to exceed the recreational ACL. NMFS Southeast Region has determined waive the requirements to provide prior this temporary rule is necessary for the For the aforementioned reasons, the notice and opportunity for public conservation and management of South AA also finds good cause to waive the comment on this temporary rule Atlantic greater amberjack and is 30-day delay in the effectiveness of this consistent with the Magnuson-Stevens pursuant to the authority set forth in 5 action under 5 U.S.C. 553(d)(3). U.S.C. 553(b)(B), because such Act and other applicable laws. Authority: 16 U.S.C. 1801 et seq. This action is taken under 50 CFR procedures are unnecessary and 622.193(k)(2)(i) and is exempt from contrary to the public interest. Such Dated: October 26, 2017. review under Executive Order 12866. procedures are unnecessary because the Emily H. Menashes, These measures are exempt from the rule implementing the AM itself has Acting Director, Office of Sustainable procedures of the Regulatory Flexibility been subject to notice and comment, Fisheries, National Marine Fisheries Service. Act because the temporary rule is issued and all that remains is to notify the [FR Doc. 2017–23667 Filed 10–26–17; 4:15 pm] without opportunity for prior notice and public of the closure. Such procedures comment. are contrary to the public interest BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 82, No. 209
Tuesday, October 31, 2017
This section of the FEDERAL REGISTER possible, please submit all items on a procedure for distribution transformers contains notices to the public of the proposed compact disc (CD), in which case it is on September 22, 2017. 82 FR 44347. issuance of rules and regulations. The not necessary to include printed copies. The RFI initiated a data collection purpose of these notices is to give interested • Hand Delivery/Courier: Appliance process to consider whether to amend persons an opportunity to participate in the and Equipment Standards Program, U.S. DOE’s test procedures for distribution rule making prior to the adoption of the final Department of Energy, Building rules. transformers. DOE requested written Technologies Office, 950 L’Enfant Plaza comment, data, and information SW., 6th Floor, Washington, DC 20024. pertaining to these test procedures by DEPARTMENT OF ENERGY Telephone: (202) 287–1445. If possible, October 23, 2017. please submit all items on a CD, in The National Electrical Manufacturers 10 CFR Parts 429 and 431 which case it is not necessary to include Association (NEMA), an interested party printed copies. [EERE–2017–BT–TP–0055] in the matter, requested a two-week No telefacsimilies (faxes) will be extension of the public comment period Energy Conservation Program: Test accepted. For detailed instructions on for the RFI published in the Federal Procedure for Distribution submitting comments and additional Register on October 5, 2017. (NEMA, Transformers information on the rulemaking process, No. 4, at p. 1) see section III of the RFI published on DOE believes that re-opening the AGENCY: Office of Energy Efficiency and September 22, 2017. comment period to allow additional Renewable Energy, Department of Docket: The docket for this activity, time for interested parties to submit Energy. which includes Federal Register comments is appropriate. Therefore, ACTION: Request for information; re- notices, comments, and other DOE is re-opening the comment period opening of public comment period. supporting documents/materials, is until November 6, 2017 to provide available for review at http:// interested parties additional time to SUMMARY: On September 22, 2017, the www.regulations.gov. All documents in prepare and submit comments. U.S. Department of Energy (DOE) the docket are listed in the http:// Comments received between the published a request for information www.regulations.gov index. However, original October 23 closing date and the (RFI) pertaining to the test procedures some documents listed in the index, new November 6 closing date are for distribution transformers. The RFI such as those containing information considered timely filed. Therefore, provided an opportunity for submitting that is exempt from public disclosure, individuals who submitted late written comments, data, and may not be publicly available. comments during the original comment information by October 23, 2017. This The docket Web page can be found at period do not need to re-submit document announces that the period for http://www.regulations.gov/ comments. submitting comments on the RFI is to be #!docketDetail;D=EERE-2017-BT-TP- re-opened until November 6, 2017. 0055. The docket Web page will contain Issued in Washington, DC, on October 19, 2017. DATES: simple instructions on how to access all The comment period for the RFI, David Nemtzow, published on September 22, 2017 (82 FR documents, including public comments, in the docket. Director, Building Technologies Office, 44347), is re-opened until November 6, Energy Efficiency and Renewable Energy. 2017. DOE will accept written FOR FURTHER INFORMATION CONTACT: comments, data, and information in Mr. Jeremy Dommu, U.S. Department [FR Doc. 2017–23635 Filed 10–30–17; 8:45 am] response to the RFI received no later of Energy, Office of Energy Efficiency BILLING CODE 6450–01–P than November 6, 2017. and Renewable Energy, Building ADDRESSES: Interested persons are Technologies Program, EE–5B 1000 encouraged to submit comments by any Independence Avenue SW., DEPARTMENT OF HEALTH AND of the following methods: Washington, DC 20585–0121. HUMAN SERVICES • Telephone: (202) 586–9870. Email: Federal eRulemaking Portal: Food and Drug Administration www.regulations.gov. Follow the ApplianceStandardsQuestions@ ee.doe.gov. instructions for submitting comments. 21 CFR Part 101 • Email: Mary Greene, U.S. Department of DistributionTransformers2017TP055@ Energy, Office of the General Counsel, [Docket No. FDA–2017–N–0763] ee.doe.gov. Include docket number GC–33, 1000 Independence Avenue EERE–2017–BT–TP–0055 in the subject SW., Washington, DC 20585–0121. RIN 0910–AH43 line of the message. Submit electronic Telephone: (202) 586–1817. Email: [email protected]. Food Labeling: Health Claims; Soy comments in WordPerfect, Microsoft Protein and Coronary Heart Disease Word, PDF, or ASCII file format, and For further information on how to submit a comment, review other public avoid the use of special characters or AGENCY: Food and Drug Administration, any form of encryption. comments and the docket, contact the HHS. • Appliance and Equipment Standards Postal Mail: Appliance and ACTION: Proposed rule. Equipment Standards Program, U.S. Program staff at (202) 287–1445 or by Department of Energy, Building email: ApplianceStandardsQuestions@ SUMMARY: The Food and Drug Technologies Office, Mailstop EE–5B, ee.doe.gov. Administration (FDA, the Agency, or 1000 Independence Avenue SW., SUPPLEMENTARY INFORMATION: DOE we) is proposing to revoke its regulation Washington, DC 20585–0121. If published a RFI pertaining to the test authorizing the use of health claims on
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the relationship between soy protein • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts and coronary heart disease on the label written/paper submissions): Dockets and/or go to the Dockets Management or in the labeling of foods. We are taking Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, this action based on our review of the Drug Administration, 5630 Fishers Rockville, MD 20852. totality of publicly available scientific Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: • evidence currently available and our For written/paper comments Crystal Rivers, Center for Food Safety tentative conclusion that such evidence submitted to the Dockets Management and Applied Nutrition (HFS–830), Food does not support our previous Staff, FDA will post your comment, as and Drug Administration, 5001 Campus determination that there is significant well as any attachments, except for Dr., College Park, MD 20740, 240–402– scientific agreement (SSA) among information submitted, marked and 1444. qualified experts for a health claim identified, as confidential, if submitted SUPPLEMENTARY INFORMATION: regarding the relationship between soy as detailed in ‘‘Instructions.’’ protein and reduced risk of coronary Instructions: All submissions received Table of Contents heart disease. must include the Docket No. FDA– I. Executive Summary 2017–N–0763 for ‘‘Food Labeling: DATES: Submit either electronic or A. Purpose of the Proposed Rule Health Claims; Soy Protein and written comments on the proposed rule B. Summary of the Major Provisions of the Coronary Heart Disease.’’ Received by January 16, 2018. Proposed Rule comments, those received in a timely C. Legal Authority ADDRESSES: You may submit comments manner (see DATES and ADDRESSES), will D. Costs and Benefits as follows. Late, untimely filed be placed in the docket and, except for II. Table of Commonly Used Acronyms in comments will not be considered. those submitted as ‘‘Confidential This Document Electronic comments must be submitted Submissions,’’ publicly viewable at III. Background on or before January 16, 2018. The https://www.regulations.gov or at the IV. Legal Authority V. Scientific Evidence Regarding the https://www.regulations.gov electronic Dockets Management Staff between 9 filing system will accept comments Relationship Between Soy Protein and a.m. and 4 p.m., Monday through CHD until midnight Eastern Time at the end Friday. • A. Overview of Data and Eligibility for a of January 16, 2018. Comments received Confidential Submissions—To Health Claim by mail/hand delivery/courier (for submit a comment with confidential B. Reevaluation of the Health Claim for Soy written/paper submissions) will be information that you do not wish to be Protein Intake and CHD considered timely if they are made publicly available, submit your C. Assessment of Intervention Studies postmarked or the delivery service comments only as a written/paper D. Assessment of Observational Studies acceptance receipt is on or before that submission. You should submit two VI. Strength of the Scientific Evidence date. copies total. One copy will include the VII. Proposal To Revoke § 101.82 information you claim to be confidential VIII. Economic Analysis of Impacts Electronic Submissions IX. Proposed Effective Date with a heading or cover note that states Submit electronic comments in the X. Analysis of Environmental Impact ‘‘THIS DOCUMENT CONTAINS XI. Paperwork Reduction Act of 1995 following way: CONFIDENTIAL INFORMATION.’’ We • XII. Federalism Federal eRulemaking Portal: will review this copy, including the XIII. References https://www.regulations.gov. Follow the claimed confidential information, in our instructions for submitting comments. consideration of comments. The second I. Executive Summary Comments submitted electronically, copy, which will have the claimed including attachments, to https:// confidential information redacted/ A. Purpose of the Proposed Rule www.regulations.gov will be posted to blacked out, will be available for public The proposed rule would revoke the the docket unchanged. Because your viewing and posted on https:// regulation authorizing the use of a comment will be made public, you are www.regulations.gov. Submit both health claim regarding the relationship solely responsible for ensuring that your copies to the Dockets Management Staff. between soy protein and risk of comment does not include any If you do not wish your name and coronary heart disease (CHD) (§ 101.82 confidential information that you or a contact information to be made publicly (21 CFR 101.82)). In this proposed rule, third party may not wish to be posted, available, you can provide this we tentatively conclude, based on our such as medical information, your or information on the cover sheet and not reevaluation of the totality of the anyone else’s Social Security number, or in the body of your comments and you publicly available scientific evidence confidential business information, such must identify this information as now available, that the evidence does as a manufacturing process. Please note ‘‘confidential.’’ Any information marked not support our previous determination that if you include your name, contact as ‘‘confidential’’ will not be disclosed that there is SSA to support an information, or other information that except in accordance with 21 CFR 10.20 authorized health claim for the identifies you in the body of your and other applicable disclosure law. For relationship between soy protein and comments, that information will be more information about FDA’s posting reduced risk of CHD. posted on https://www.regulations.gov. of comments to public dockets, see 80 In 1999, we authorized a health claim • If you want to submit a comment FR 56469, September 18, 2015, or access about the relationship between soy with confidential information that you the information at: https://www.gpo.gov/ protein and a reduced risk of CHD do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- (§ 101.82). In the Federal Register of public, submit the comment as a 23389.pdf. December 21, 2007, we announced our written/paper submission and in the Docket: For access to the docket to intention to reevaluate the scientific manner detailed (see ‘‘Written/Paper read background documents or the evidence for this health claim and Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments provided the opportunity for public received, go to https:// comment (72 FR 72738). We explained Written/Paper Submissions www.regulations.gov and insert the that we were reevaluating the scientific Submit written/paper submissions as docket number, found in brackets in the basis for the soy protein and CHD health follows: heading of this document, into the claim because new studies yielded
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varied and inconsistent findings approach outlined in the ‘‘Evidence- 200 to 300 products currently making (beneficial effect, no effect) from one Based Review System for the Scientific the health claim. We estimate total trial to another. The results of these Evaluation of Health Claims’’ annualized costs of $35,000 to $81,000, studies called into question the (hereinafter the 2009 guidance) to when the relabeling costs are conclusions drawn from our prior evaluate the totality of publicly annualized over 20 years at a 7 percent review, which had served as the basis available scientific evidence to discount rate. The initial one-time costs for authorizing the soy protein and determine if the SSA standard in section are $370,000 to $860,000. reduced risk of CHD health claim. This 403(r)(3) of the Federal Food, Drug, and proposed rule is the next step in our Cosmetic Act (the FD&C Act) (21 U.S.C. The benefit of this rule is better reevaluation. (343(r)(3)) is met (Ref. 1). Our information for the consumers who are reevaluation of the totality of the considering purchasing products with B. Summary of the Major Provisions of publicly available scientific evidence soy protein. This may generate an the Proposed Rule indicates that, although some evidence unknown amount of increased The proposed rule would revoke the suggests a relationship between soy consumer surplus. Some consumers soy protein and CHD claim in § 101.82 protein intake and reduced risk of CHD, may react to this new information by because it does not meet the SSA the totality of the evidence is switching their consumption to standard. Our decision about whether to inconsistent and not conclusive. products that they enjoy more, or authorize a health claim represents Therefore, we have tentatively products that still have an authorized FDA’s determination as to whether there determined that the strength of the health claim. By basing their is ‘‘significant scientific agreement’’ totality of the publicly available data consumption decisions on more recent among qualified experts that the does not meet the SSA standard for a and accurate scientific information, they publicly available scientific evidence relationship between soy protein intake may get more consumer surplus, in the supports the substance/disease and CHD risk. form of enjoyment and/or potential relationship that is the subject of a health benefits, from the bundle of proposed health claim. In our C. Costs and Benefits products they consume. reevaluation of the scientific evidence The costs of this proposed rule, if in this proposed rule, we use our finalized, are relabeling the estimated
TABLE 1—COST AND BENEFIT OVERVIEW, USD, ANNUALIZED OVER 20 YEARS
Low estimate Mean High estimate
Costs, 7 percent discount rate ...... $35,000 $55,000 $81,000 Costs, 3 percent discount rate ...... $25,000 $39,000 $58,000
Benefits ...... Consumer Enjoyment and/or potential Health Benefits
II. Table of Commonly Used Acronyms 1998–P–1154), we proposed to provide least 25 grams (g) of soy protein per day. in This Document for health claims on the relationship of Thus, we proposed to base the soy protein and reduced risk of CHD qualifying level of soy protein on a total TABLE 2—TABLE OF COMMONLY USED (hereinafter referred to as the 1998 soy daily intake of 25 g, as suggested by the ACRONYMS protein proposed rule). In the 1998 soy petitioner. For the purposes of health protein proposed rule, we considered claims, we assumed there are four eating Acronym What it means the relevant scientific studies and data occasions a day (i.e., three main meals presented in the petition as part of our and one snack). Therefore, in CHD ...... Coronary Heart Disease review of the scientific literature on soy § 101.82(c)(2)(iii)(A), we proposed the DASH ...... Dietary Approaches to Stop protein and CHD. We summarized these qualifying criterion for a food to bear the Hypertension DBP ...... Diastolic Blood Pressure studies in table 1 of the soy protein claim as 6.25 g of soy protein per FDA ...... Food and Drug Administration proposed rule (63 FR 62977 at 62998) reference amount customarily g ...... gram(s) and presented the rationale for a health consumed (RACC) (i.e., 25 g divided by kcal ...... kilocalorie(s) claim on this food/disease relationship four eating occasions per day). LDL ...... Low-Density Lipoprotein as provided for under the significant In the Federal Register of October 26, mg ...... milligram(s) scientific agreement standard in section NCEP ...... National Cholesterol Education 1999 (64 FR 57700), we authorized a 403(r)(3)(B)(i) of the FD&C Act and health claim for soy protein and risk of Program § 101.14(c). NHLBI ...... National Heart, Lung and coronary heart disease (21 CFR 101.82). Blood Institute In our 1998 evaluation of the As explained in the final rule, we oz ...... ounces scientific evidence for a relationship determined, based on our review of SBP ...... Systolic Blood Pressure between consumption of soy protein evidence submitted with comments to SSA ...... Significant Scientific Agree- and blood total and LDL-cholesterol the proposed rule, as well as evidence ment levels (two validated surrogate described in the proposed rule, that soy TC ...... Total Cholesterol endpoints for risk of CHD), we found protein included in a diet low in the data suggestive, but not sufficient, to saturated fat and cholesterol may reduce III. Background establish a dose-response for this the risk of CHD by lowering blood In the Federal Register of November relationship. However, we found cholesterol levels. FDA’s requirements 10, 1998 (63 FR 62977), and in response consistent, clinically significant for use of the health claim and model to a petition from Protein Technologies reductions of total- and LDL-cholesterol health claim language were codified at International, Inc. (see Docket No. FDA– levels in controlled trials that used at 21 CFR 101.82.
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FDA evaluates new scientific nutrient to a disease or health-related V. Scientific Evidence Regarding the information that becomes available to condition unless the claim is made in Relationship Between Soy Protein and determine whether it necessitates a accordance with section 403(r)(3) of the CHD change to an SSA health claim. On FD&C Act (for conventional foods) or A. Overview of Data and Eligibility for December 21, 2007, we published a 403(r)(5)(D) of the FD&C Act (for dietary a Health Claim notice in the Federal Register (72 FR supplements). 72738) (the 2007 reevaluation notice) Health claims characterize the The NLEA also directed FDA to issue announcing our intent to reevaluate the relationship between a substance and a regulations authorizing health claims scientific evidence for certain health reduction in risk of contracting a (i.e., labeling claims that characterize claims, including the authorized health particular disease or developing a claim for soy protein and risk of CHD the relationship of a nutrient to a health-related condition (Whitaker v. (§ 101.82). We stated that we were disease or health-related condition) for Thompson, 353 F.3d 947, 950–51 (D.C. reevaluating the scientific basis for the conventional foods if we determine, Cir.) (upholding FDA’s interpretation of soy protein and CHD health claim based upon the totality of publicly what constitutes a health claim), cert. because numerous studies published available scientific evidence (including denied, 125 S. Ct. 310 (2004)). The since we had authorized the health evidence from well-designed studies substance must be associated with a claim had evaluated the relationship conducted in a manner that is consistent disease or health-related condition for between soy protein and CHD, and the with generally recognized scientific which the general U.S. population, or an findings of these studies were procedures and principles), that there is identified U.S. population subgroup, is inconsistent from study to study. For SSA, among experts qualified by at risk (§ 101.14(b)(1)). We analyze the example, the Agency for Healthcare scientific training and experience to information and data related to a health Research and Quality (AHRQ) released evaluate such claims, that the claim is claim under the framework set out in a report in July 2005 outlining the supported by such evidence (see section our 2009 guidance titled, ‘‘Evidence- effects of soy products on health 403(r)(3)(B)(i) of the FD&C Act). FDA Based Review System for the Scientific outcomes, including cardiovascular may reevaluate the science related to an Evaluation of Health Claims’’ (Ref. 1). disease, and concluded that soy authorized health claim and may take The 2009 guidance discussed our products appear to exert a small benefit action to revoke the claim (see section process for evaluating the scientific on LDL cholesterol (Ref. 2). However, 403(r)(7)(B) of the FD&C Act (21 U.S.C. evidence for a health claim and the the AHRQ report included studies that 343(r)(7(B)). meaning of the significant scientific agreement (SSA) standard in section evaluated substances in addition to soy Additionally, our regulations, at 21 protein (e.g., isolated soy isoflavones). It 403(r)(3) of the FD&C Act (21 U.S.C. CFR 10.40(a), provide that we may was not clear from the AHRQ report 343(r)(3)) and 21 CFR 101.14(c). In a promulgate regulations necessary to whether the soy protein, or other review of a health claim, our first step enforce the FD&C Act as appropriate components of soy products such as is to identify the substance, the disease isoflavones, were responsible for and may initiate such action in any of or health-related condition that is the lowering LDL cholesterol. In addition, the ways specified in § 10.25 (21 CFR subject of the claim, and the population the AHRQ report used markers of 10.25). Specifically, § 10.25(b) provides to which the claim is targeted (Ref. 1). cardiac function (e.g., triglycerides, that the Commissioner may initiate a Next, we consider the totality of endothelial function, and oxidized low- proceeding to revoke a regulation. publicly available data and information density lipoprotein) that are not Accordingly, we are acting within our to determine whether the scientific surrogate endpoints recognized by FDA statutory and regulatory authorities to evidence could support a relationship for CHD risk. propose to revoke the authorized health between the substance and the disease Subsequently, we received a citizen claim for soy protein and a reduced risk or health-related condition. We begin petition dated August 8, 2008 (Docket of CHD. If this proposed rule is this process by organizing the evidence Number FDA–2008–P–0452–001) finalized, the use of an authorized into categories, such as human studies, (hereinafter ‘‘the 2008 citizen petition’’), health claim would be prohibited and a meta-analyses, review articles, animal requesting that the Commissioner of food that bears the health claim on the studies, and in vitro studies, so we can Food and Drugs revoke § 101.82. On label or in labeling would misbrand the thoroughly and systematically assess the January 4, 2016, we denied the food (see section 403(r)(1)(B) of the evidence during the evaluation process. petitioner’s request because the limited FD&C Act). Each category of evidence may offer us relevant evidence submitted in the helpful information and a better In situations where we determine that understanding of the topic; however, petition and a supplement to the the totality of the publicly available petition did not provide sufficient only well-designed, well-conducted scientific evidence does not meet the grounds for us to revoke the soy protein human studies provide both the level of statutory SSA standard, we may and CHD health claim. However, as scientific rigor and generalizability to consider whether there is credible noted in the response to the citizen human populations needed to evidence to support a ‘‘qualified’’ health petition, we considered the relevant potentially support a health claim studies included in the petition as part claim and what qualifying statements relationship. We focus our review on of our reevaluation. and other information should reports of human intervention studies accompany the claim to ensure that it is and observational studies. Of the two IV. Legal Authority truthful and not misleading. If, when we types of studies, well-conducted The Nutrition Labeling and Education finalize this rule, we conclude there is intervention studies provide the Act of 1990 (NLEA) (Pub. L. 101–535) not SSA, but there is some credible strongest evidence of an effect and are amended the FD&C Act by, among other evidence for the use of a qualified the most reliable category of studies for things, adding section 403(r) to the health claim about the relationship determining a cause-and-effect FD&C Act. This section specifies, in between soy protein and a reduced risk relationship (Ref. 1). In an intervention part, that a food is misbranded if it bears of CHD, we intend to issue a statement study, subjects similar to each other are a claim that expressly or by implication of enforcement discretion for the use of randomly assigned to either receive the characterizes the relationship of a a qualified health claim. intervention or not to receive the
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intervention, whereas in an a relationship between the substance the statistical analysis, the type of observational study, the subjects (or and the disease. outcome measured, and study their medical records) are observed for We evaluate the individual reports of population characteristics other than a certain outcome (i.e., disease). human studies to determine whether relevance to the U.S. population (e.g., Observational studies lack the any scientific conclusions can be drawn selection bias and the provision of controlled setting of intervention from each study. The absence of critical important subject information [e.g., age, studies. In contrast to intervention factors, such as a control group or a smokers]). (Ref. 1). We would not use studies, observational studies cannot statistical analysis, means that scientific studies that are so deficient that determine whether an observed conclusions cannot be drawn from the scientific conclusions cannot be drawn relationship represents a relationship in study (Ref. 5–6). Studies from which we from them to support the health claim which the substance caused a reduction cannot draw any scientific conclusions relationship, and we eliminate such in disease risk or if other factors or do not support the health claim studies from further review. variables may have contributed to an relationship, and we eliminate such We then evaluate the results of the studies from further review. remaining human studies and then rate outcome (Ref. 3). In addition to Because health claims involve the overall strength of the total body of individual reports of human studies, we reducing the risk of a disease in people publicly available evidence (Ref. 1). We also consider other types of data and who do not already have the disease consider the study type (e.g., information such as meta-analyses, that is the subject of the claim, we intervention, prospective cohort, case- review articles, and animal and in vitro consider evidence from studies in control, cross-sectional), the studies. These other types of data and individuals diagnosed with the disease methodological quality rating information may be useful to help us that is the subject of the health claim previously assigned, the quantity of understand the scientific issues about only if it is scientifically appropriate to evidence (number of studies of each the substance, the disease, or both, but extrapolate to individuals who do not type and study sample sizes), whether cannot by themselves support a health have the disease. The available the body of scientific evidence supports claim relationship. Reports that discuss scientific evidence should demonstrate a health claim relationship for the U.S. a number of different studies, such as that: (1) The mechanism(s) for the population or target subgroup, whether meta-analyses and review articles do not mitigation or treatment effects measured study results supporting the proposed provide sufficient information on the in the diseased populations are the same claim have been replicated (Ref. 7), and individual studies reviewed in order for as the mechanism(s) for risk reduction the overall consistency (Ref. 8–9) of the us to determine critical elements such effects in non-diseased populations; and total body of evidence (Ref. 1). Based on as the study population characteristics (2) the substance affects these the totality of the publicly available and the composition of the products mechanisms in the same way in both scientific evidence, we determine used. Similarly, the lack of detailed diseased and healthy people. If such whether such evidence meets that SSA information on studies summarized in evidence is not available, then we standard to support an authorized review articles and meta-analyses cannot draw any scientific conclusions health claim (also referred to as ‘‘SSA prevents us from determining whether from studies that use diseased subjects health claim’’) for the substance/disease the studies are flawed in critical to evaluate the substance/disease relationship. If the evidence does not elements such as design, conduct of relationship. Next, we rate the meet the SSA standard, then we may studies, and data analysis. We must be remaining human intervention and consider whether such evidence is able to review the critical elements of a observational studies for methodological credible to support a qualified health study to determine whether any quality. This quality rating is based on claim. If there is credible evidence to scientific conclusions can be drawn several criteria related to study design support a qualified health claim, then from it. We use meta-analyses, review (e.g., use of a placebo-control group we consider what qualifying language articles, and similar publications to versus a non-placebo-control group), should be included to convey the limits identify reports of additional studies data collection (e.g., type of dietary on the level of scientific evidence that may be useful to the health claim assessment method), the quality of the supporting the relationship or to review and as background about the statistical analysis, the type of outcome prevent the claim from being misleading substance-disease relationship. If measured (e.g., disease incidence versus in other ways. validated surrogate endpoint), and study additional studies are identified, we B. Reevaluation of the Health Claim for evaluate them individually. population characteristics other than relevance to the U.S. population (e.g., Soy Protein Intake and CHD We use animal and in vitro studies as age, smoker versus non-smoker) to In our reevaluation of the scientific background information regarding evaluate factors such as selection bias evidence for a relationship between soy mechanisms of action that might be and whether important information protein and reduced risk of CHD, we involved in any relationship between about the study subjects was gathered have used the approach outlined in the the substance and the disease. In vitro and reported. For example, if the 2009 guidance to evaluate the totality of studies are conducted in an artificial scientific study adequately addressed all the current publicly available scientific environment and cannot account for a or most of the criteria related to study evidence regarding this relationship (see multitude of normal physiological design, we would assign a high section 403(r)(3)(B) of the FD&C Act). In processes, such as digestion, absorption, methodological quality rating to the this section, we present our reevaluation distribution, and metabolism, which study. We would assign moderate or of the totality of the publicly available affect how humans respond to the low quality ratings based on the extent scientific evidence, including the consumption of foods and dietary of the deficiencies or uncertainties in studies we previously reviewed in substances (Ref. 4). Further, the the quality criteria. As noted in our promulgating the regulation that physiology of animals is different than guidance (Evidence-Based Review authorized the 1999 soy protein and that of humans. Animal and in vitro System for the Scientific Evaluation of CHD health claim (64 FR 57700), as well studies can be used to generate Health Claims), this quality rating is as studies published after we authorized hypotheses or to explore a mechanism based on several factors related to study the health claim in 1999. The 2009 of action but cannot adequately support design, data collection, the quality of guidance represents FDA’s current
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thinking on the evaluation of health design, conduct of studies, and data disease relationships (§ 101.75, claims as well as the interpretation and analysis. We need to be able to review § 101.81). Therefore, to determine the meaning of SSA. Because the 1999 final the critical elements of a study to independent effect of soy protein intake rule predates that guidance, we determine whether any scientific on blood cholesterol levels, total fat, acknowledge that our reevaluation of conclusions can be drawn from it. As a saturated fat, cholesterol, and dietary studies previously considered in the result, while the review articles, meta- fiber need to be controlled for in the 1999 rulemaking may differ in certain analyses, book chapters, letters, and studies. Studies that substituted soy respects from the previous evaluation. government reports we identified protein for animal protein or feeding For the purposes of this review, we have provided useful background studies that did not properly control for identified the following disease information, they did not provide these nutrients and/or did not report endpoints for use in identifying CHD sufficient information from which these nutrients were eliminated from risk reduction for the purposes of a scientific conclusions could be drawn further review. For studies in which soy health claim evaluation: The incidence regarding soy protein consumption and protein was added to the usual diet, the of coronary events (e.g., myocardial risk of CHD. addition of soy protein should not result infarction, ischemia), cardiovascular in significant changes in the total fat, 2. Assessment of Animal and In Vitro death, coronary artery disease, saturated fat, cholesterol, and dietary Studies atherosclerosis, and CHD (Ref. 1). We fiber in the diet (because soy protein consider high blood pressure, blood We use animal and in vitro studies as does not have significant amounts of (serum or plasma) total cholesterol (TC), background information regarding these nutrients) (Ref. 13–15). Therefore, and blood LDL cholesterol levels to be mechanisms of action that might be we did not eliminate these types of surrogate endpoints for CHD risk (Ref. involved in any relationship between studies that did not control for and/or 1). We use these disease and surrogate the substance and the disease; these did not report these nutrients. endpoints to evaluate the potential studies also can be used to generate To determine the independent effects effects of soy protein on CHD risk. hypotheses or to explore a mechanism of soy protein on blood pressure, studies For the purposes of the reevaluation, of action, but they cannot adequately need to control for the amount of we identified a total of 709 publications, support a relationship between a sodium and potassium, because both drawn from studies included in the substance and a disease in humans (Ref. nutrients influence blood pressure (Ref. 1999 final rule, comments submitted to 1, 4). Such studies cannot mimic the 16). Studies that substituted soy protein the 2007 notice of reevaluation, the normal human physiology that may be for animal protein or feeding studies 2008 citizen petition, and searches of involved in the risk reduction of CHD, where subjects were provided soy the more recent literature. These nor can the studies mimic the human protein in test diets that did not publications consisted of 30 in vitro body’s response to the consumption of properly control for these nutrients and/ studies; 85 animal studies; 27 soy protein. Therefore, we cannot draw or did not report these nutrients were government documents; 163 review any scientific conclusions from the eliminated from further review. For articles, meta-analyses, letters, abstracts, animal or in vitro studies regarding soy studies that added soy protein to the and books or book chapters; 11 Web protein and the risk of CHD in humans, diet, the addition of soy protein should sites; 3 articles written in a foreign and they provide insufficient data to not result in significant changes in the language; and 141 publications that did support a health claim. In accordance amount of sodium and potassium in the not evaluate the substance/disease with these principles, in our review we diet; therefore, we did not eliminate relationship. The publications also considered animal and in vitro studies these types of studies that did not included 11 observational studies that but determined that they did not control for and/or did not report these evaluated the substance/disease provide useful supportive information nutrients (Ref. 13–15). Furthermore, relationship and 238 publications about the relationship between soy because the nutrients that affect blood describing intervention studies that protein consumption and risk of CHD. pressure (sodium and potassium) and evaluated the relationship between soy C. Assessment of Intervention Studies cholesterol (saturated fat, dietary fiber, protein intake and CHD risk. and cholesterol) are different, some For the purposes of this review, we studies might be appropriate for 1. Assessment of Review Articles, Meta- categorized the intervention studies supporting one surrogate endpoint, but Analyses, Book Chapters, Letters, and based on whether the subjects: (1) not the other. Thus, for the purposes of Government Reports Added soy protein to the diet this assessment, we discuss some Although useful for background (supplement) in addition to the subjects’ studies twice. information, review articles, meta- usual diet; (2) were instructed to Of the 238 total publications analyses, book chapters, letters, and substitute soy protein for animal protein describing intervention studies that government reports do not contain in their diet; and (3) were provided test evaluated the relationship between soy sufficient information on the individual diets (feeding studies) with soy protein protein intake and CHD risk, 9 studies which they reviewed and, for animal protein (usually casein) in publications did not report data on a therefore, we could not draw any the control diet. In studies where soy FDA-recognized surrogate endpoint of scientific conclusions from this proteins were used as a substitute for CHD risk (i.e., blood total cholesterol, information. For example, we could not animal proteins, changes in the total fat, blood LDL cholesterol, blood pressure) determine factors such as the study saturated fat, cholesterol, and dietary (Ref. 17–25). Because these publications population characteristics or the fiber content of the diet can occur. A did not report data on one or more composition of the products used (e.g., reduced intake of total fat (Ref. 10), surrogate endpoints, we could not draw food, dietary supplements). Similarly, saturated fat ((Ref. 10), or cholesterol scientific conclusions about the the lack of detailed information on (Ref. 11) has been shown to lower blood relationship between soy protein studies summarized in review articles, cholesterol, and an increased intake of consumption and risk of CHD from meta-analyses, book chapters, letters, dietary fiber (Ref. 12) has shown the these studies (Ref. 1). and government reports prevents us same (Ref. 10), and we have authorized The remaining 229 publications from determining whether the studies SSA health claims for reduced risk of described 212 intervention studies that are flawed in critical elements such as CHD based on these substance and evaluated soy protein intake and CHD
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risk. Of these 212 intervention studies, 145). Such large differences in nutrient criteria established by the National scientific conclusions could not be intakes of dietary fiber, saturated fat, or Heart, Lung and Blood Institute (NHLBI) drawn from 154 studies due to dietary cholesterol make it difficult to to sort studies that measured blood significant flaws. These studies are clearly delineate what may be causing a cholesterol into 3 categories: (1) Studies discussed in sections V.C. 1. and V.C. 2. change in serum cholesterol levels. that had subjects with desirable or Such studies may have other flaws in Therefore, the results of these studies borderline blood cholesterol (TC <240 addition to those specifically could not be interpreted, and we could mg/dL or LDL-cholesterol less than 160 mentioned. This left 58 well-designed, not draw scientific conclusions about mg/dL); (2) studies that had subjects well-conducted intervention studies to the relationship between soy protein with high blood cholesterol (TC >240 or include in our evaluation of the totality consumption and risk of CHD from LDL cholesterol >160 mg/dL); and (3) of the publicly available scientific these studies (Ref. 1). studies that had some subjects with evidence. One study, Zittermann et al. (2004) desirable or borderline cholesterol level was a randomized, crossover study (Ref. and other subjects with high cholesterol 1. Intervention Studies That Examined 1) in which 14 German women levels (Ref. 156). Additionally, studies Soy Protein Intake and Blood consumed 5 cookies made with soy that measured blood pressure were Cholesterol flour or 5 cookies made with wheat sorted based on criteria established by As stated previously in this section, flour while they remained on their usual NHLBI into three categories: (1) Normal we could not draw scientific diet for one menstrual cycle (30.8 ± 0.9 (Systolic Blood Pressure (SBP) <120 conclusions about the relationship days). The composition of the test mmHg or Diastolic Blood Pressure between soy protein consumption and cookies and of the amount of soy (DBP) <80 mmHg); (2) pre-hypertension risk of CHD from 154 intervention protein in the cookies was not (SBP 120 to 139 mmHg or DBP 80 to 89 studies due to significant design flaws. adequately described. Furthermore, mmHg); and (3) hypertension (SBP ≥140 These studies include 17 studies that while the study reported that subjects mmHg or DBP ≥90 mmHg) (Ref. 157– did not include a control group or were to consume the cookies while they 158). Studies were further sorted by provide an appropriate control for the remained on their usual diet, the study whether the studies added comparison to the relative effects of soy reported significantly higher intake of (supplemented) soy protein to the diet, protein (Ref. 26–42). Without an dietary fiber (P <0.0001) in the soy were feeding studies, or were appropriate control group, we could not period (cookies made with soy flour) substitution studies. Because some determine if the changes in LDL than in the control period. When an studies measured both blood cholesterol cholesterol were due to soy protein intervention study involves providing a and blood pressure, we discussed these intake or uncontrolled extraneous whole food rather than a food studies twice (see tables 4–8 in Ref. factors (Ref. 1). Therefore, we could not component, the experimental and 230). draw scientific conclusions about the control diets should be similar enough a. Studies in subjects with desirable or relationship between soy protein that the relationship between the borderline cholesterol levels that added consumption and risk of CHD from substance and disease can be evaluated isolated soy protein to the diet. these studies (Ref. 1). Because the composition of the Carmignani et al. (2014) was a 16- Ten studies did not conduct statistical test cookies were not adequately week, randomized, double-blind, analyses between the control group and described, it is not clear why there are placebo-controlled, parallel trial of treatment group. The statistical analysis differences in dietary fiber intake moderate quality in which 40 of the substance/disease relationship is between the two groups. Thus, we could postmenopausal Brazilian women a critical factor because it provides the not draw scientific conclusions about consumed daily 40 g/day placebo comparison between subjects that the relationship between soy protein powder of maltrodextrin (n=20) or 40 g/ consumed soy protein and those that and CHD when the amounts of other day protein powder containing 24 g/day did not consume soy protein (i.e., substances that are known to affect the isolated soy protein (90 mg/day control) to determine whether there is a risk of CHD (e.g. dietary fiber) are naturally occurring isoflavones) (n=20) reduction in CHD risk (Ref. 43–52). different between the control and in addition to their usual diet (Ref. 159). Therefore, we could not draw scientific experimental diets (Ref. 1, 146). There was no significant difference in conclusions about the relationship Nine studies, described in 11 blood TC and LDL cholesterol between between soy protein consumption and publications that evaluated soy protein the soy protein group and the control risk of CHD from these studies. intake and blood cholesterol, contained group. In eight studies (Ref. 53–60), the added phytosterols in the treatment Liu et al. (2012) was a 6-month, duration of the study intervention was group (Ref. 131–132, 147–155). We have randomized, double-blind, placebo- too short (less than 3 weeks) to an existing regulation for a SSA health controlled, parallel trial of moderate adequately determine if changes in claim for the relationship between plant quality in which 120 postmenopausal serum cholesterol levels were due to the sterol/stanol esters and reduced risk of Chinese women consumed daily 15 g/ consumption of soy protein (Ref. 1, 61). CHD; however, because plant sterol/ day milk protein plus 100 mg/day Therefore, we could not draw scientific stanol esters can reduce blood isoflavone supplement (control) (n=60) conclusions about the relationship cholesterol, it is not possible to clearly or 15 g/day isolated soy protein plus between soy protein consumption and delineate what may be causing a change 100 mg/day isoflavone supplement risk of CHD from these studies. in serum cholesterol levels (Ref. 1). (n=60) in addition to their usual diet Seventy-six studies, described in 84 Therefore, the results of these studies (Ref. 160). There was no significant publications, that substituted soy could not be interpreted, and we could difference in the change in blood TC protein for animal protein or were not draw scientific conclusions about and LDL cholesterol between the milk feeding studies reported large the relationship between soy protein protein and isoflavone group (control) differences in or did not report consumption and risk of CHD from and the soy protein and isoflavone information on other dietary these studies. group. components that have an effect on blood For the remaining 58 intervention Santo et al. (2008) was a 28-day, cholesterol (e.g., dietary fiber, saturated studies from which we could draw randomized, double-blind, controlled fat, dietary cholesterol) (Ref. 56, 62– scientific conclusions, we used the parallel trial of moderate quality in
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which 30 American men consumed: (1) significant difference between the two cholesterol levels were similar and 25 g/day isoflavone-poor soy protein diets for blood TC or LDL cholesterol. conclusions could be drawn. However, isolate (1.9 mg/day isoflavones) (n=11); McVeigh et al. (2006) was a there was no significant difference in (2) 25 g/day isoflavone-rich soy protein randomized, single-blind, controlled, blood TC and LDL cholesterol between isolate (97 mg/day naturally occurring crossover trial of moderate quality in the soy protein group plus 0.5 mg isoflavones) (n=10); or (3) 25 g/day of which 35 Canadian men consumed 32 estradiol and the textured milk protein milk protein (n=9) (control) mixed with g/day soy protein isolate depleted of plus 0.5 mg estradiol control group. a beverage of their choice in addition to isoflavones (1.64 mg/day), 32 g/day soy Jayagopal et al. (2002) was a their usual diet (Ref. 161). There were protein isolate (62 mg/day isoflavones), randomized, double-blind, placebo- no significant differences in blood TC or 32 g/day milk protein isolate for a controlled, crossover trial of moderate and LDL cholesterol between the two duration of 57 days each (Ref. 165). quality in which 32 postmenopausal soy protein isolate treatment groups and There was no significant difference British women with type 2 diabetes the casein control group. between blood TC and LDL cholesterol consumed 30 g/day of isolated soy Evans et al. (2007) was a randomized, between the soy protein and casein protein or 30 g/day of cellulose (control) double-blind, placebo-controlled, groups. in addition to their usual diet for a crossover trial of moderate quality in Sagara et al. (2004) was a 5-week, duration of 12 weeks each (Ref. 169). which 22 postmenopausal American randomized, double-blind, placebo- Blood TC and LDL cholesterol was women consumed: (1) 25 g/day isolated controlled parallel trial of moderate significantly lower (P <0.05) in soy soy protein plus 20 g/day soy lecithin; quality in which 50 Scottish men protein period compared to the (2) 25 g/day isolated soy protein plus consumed 20 g/day of isolated soy cellulose period. placebo lecithin; (3) placebo protein protein powder in biscuits, cereal bars, Higashi et al. (2001) (trial one) was a (50:50 calcium/sodium caseinate) and and bread rolls (n=25) or biscuits, cereal randomized, controlled, crossover trial 20 g/day soy lecithin; and (4) double bars, and bread rolls without added soy of moderate quality in which 14 placebo (protein placebo and soy protein in addition to their usual diets Japanese men consumed daily milk or (n=25) (Ref. 166). There was no yogurt only (no placebo) and 20 g/day lecithin) in addition to their usual diet, significant difference in blood TC soy protein isolate mixed in milk or for a duration of 4 weeks each (Ref. between the two groups. yogurt in addition to their usual diet for 162). There was no significant Teixeira et al. (2004) was a a duration of 4 weeks each (Ref. 26). difference in blood TC and LDL randomized, controlled, crossover trial There was no significant difference in cholesterol between the isolated soy of moderate quality in which 14 men blood TC and LDL cholesterol between protein plus soy lecithin and placebo American men with type 2 diabetes the soy protein period and the control protein plus soy lecithin treatment with nephropathy consumed an period (milk or yogurt only). period (control). There was also no estimated 35 g/day of soy protein isolate Teede et al. (2001) and Dalais et al., significant difference in blood TC and and casein (control) in addition to their (2003) was a 3-month randomized, LDL between the isolated soy protein usual diets for a duration of 8 weeks double-blind, placebo-controlled, plus placebo lecithin and double each (Ref. 167). There was no significant parallel trial of moderate quality in placebo period (control). difference in blood TC and LDL which 179 Australian men and Maesta et al. (2007) was a 16-week, cholesterol between the soy protein and postmenopausal women consumed a randomized, single-blind, placebo- casein group. casein placebo (n=93) or 40 g/day soy controlled, parallel trial of moderate Murray et al. (2003) was a 6-month, protein isolate (n=86) mixed with a quality in which 46 postmenopausal randomized, double-blind, placebo- beverage twice a day in addition to their Brazilian women consumed: (1) 25 g/ controlled, parallel trial of moderate usual diet (Ref. 170–171). There was no day isolated soy protein (n=10); (2) 25 quality in which 30 American significant difference in blood TC and g/day isolated soy protein, plus postmenopausal women consumed: (1) LDL cholesterol between the casein resistance exercise (n=14); (3) 25 g/day 38 g/day soy protein isolate containing control group and soy protein isolate maltodextrin (control) (n=11); or (4) 25 (25 g soy protein) plus 1.0 mg estradiol group. In a subgroup analysis of the g/day maltodextrin plus resistance (n=8); (2) 38 g textured milk protein postmenopausal women (n=55 casein exercise (n=11) (control) in addition to plus 1.0 mg estradiol (n=7) (control); (3) and n=51 soy protein) by Dalais et al. their usual diet (Ref. 163). There was no 38 g/day soy protein isolate containing (2003), there was no significant significant difference in blood TC and (25 g soy protein) plus 0.5 mg estradiol difference in blood TC between the LDL cholesterol between the soy protein (n=8); or (4) 38 g/day textured milk casein control group and soy protein and control groups. protein plus 0.5 mg estradiol(control) isolate group. However, blood LDL Kohno et al. (2006) was a two-part, (n=7) in addition to their usual diet (Ref. cholesterol was significantly (P <0.05) randomized, double-blind, placebo- 168). The baseline TC levels in the 38 lower in the soy protein isolate group controlled, parallel trial of moderate g/day textured milk protein plus 1.0 mg compared to the casein control group. quality (Ref. 164). In the first part of the estradiol group were significantly higher Washburn et al. (1999) was a trial, 126 Japanese men and women, in than the (25 g soy protein) plus 1.0 mg randomized, double-blind, placebo- addition to their usual diet, consumed estradiol group. If the baseline controlled, crossover trial of moderate daily 5 g casein (control) (n=61) or 5 g cholesterol values between groups are quality in which 42 perimenopausal of soybean b-conglycinin (storage significantly different, then it is difficult American women consumed daily: (1) protein component of soy protein to determine if differences at the end of 20 g/day complex carbohydrate isolate) in the form of a candy (n=65) for the study were due to the intervention supplement mixed with a beverage 12 weeks. There was no significant or to differences observed at the (control); (2) 20 g/day isolated soy difference between the two diets for beginning of the study (Ref. 1). Thus, we protein (34 mg/day naturally occurring blood TC or LDL cholesterol. In the could not draw scientific conclusions phytoestrogens) supplement mixed with second part of the trial, 95 Japanese men from this arm of the study. For the soy a beverage as a single dose; and (3) 20 and women consumed daily 5 g casein protein group plus 0.5 mg estradiol and g/day soy protein supplement (34 mg/ (n=50) or 5g soybean b-conglycinin the textured milk protein plus 0.5 mg day naturally occurring phytoestrogens) (n=45) for 20 weeks. There was no estradiol (control) groups, the baseline mixed with beverages split into two
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equal doses in addition to their usual day isolated soy protein plus 20 g/day flour with an estimated 4.6 g/day wheat diets for 6 weeks each (Ref. 172). Blood of soybean cotyledon fiber; (3) 25 g/day protein (control) (n=24) or 45 g/day soy TC and LDL cholesterol were casein plus 20 g/day soybean cotyledon flour with an estimated 15 g/day of soy significantly (P <0.05) lower in the soy fiber (control); and (4) 25 g/day casein protein (n=23) in addition to their usual protein groups compared to the control plus 20 g/day of dietary fiber from diet (Ref. 180). There was no significant group. cellulose (control) for a duration of 4 difference in blood TC between the two Gooderham et al. (1996) was a 28-day weeks each (Ref. 176). Subjects were groups. randomized, controlled, parallel trial of counseled to incorporate the muffins d. Studies in subjects with desirable moderate quality in which 20 Canadian into a low-fat, low-cholesterol diet. or borderline cholesterol levels that were men consumed daily a supplement There were no significant differences feeding studies or substitution studies containing 60 g/day of soy protein between isolated soy protein groups and with soy foods. isolate (n=10) or a supplement control groups for blood TC and LDL Matthan et al. (2007) was a containing 60 g/day of casein (control) cholesterol. randomized, controlled, crossover trial (n=10) in addition to their usual diet van Raaji et al. (1981) was a 4-week, of moderate quality in which 28 (Ref. 173). There was no significant controlled, parallel trial of moderate American subjects were fed four diets: difference in blood TC and LDL quality in which 69 Dutch men and (1) Animal protein (control), (2) soybean cholesterol between the soy protein women were fed an average Western diet (∼37.5 g/day soy protein), (3) soy isolate group and casein group. diet with different types of dietary flour (∼37.5 g/day soy protein), and (4) b. Studies in subjects with desirable or protein incorporated into specifically and soy milk (∼37.5 g/day soy protein) borderline cholesterol levels that were developed products. The dietary protein for a duration of 6 weeks each (Ref. feeding studies or substitution studies groups were: (1) 54 g/day of isolated soy 181). Blood LDL cholesterol was with isolated soy protein. protein (n=24); (2) 17 g/day soy significantly lower (P <0.05) in the Mangano et al. (2013) was a 1-year, (approximately a 2:1 mixture of soymilk diet period compared to the randomized, double-blind, placebo- casein:soy) (n=20); or (3) 55 g/day animal protein diet period (control). controlled, parallel trial of moderate casein (control) (n=25) (Ref. 177). However, there was no significant quality in which 97 postmenopausal Participants were matched for initial American women consumed: (1) 18 g/ difference in blood TC between the serum cholesterol, energy intake, and soymilk diet period and the animal day isolated soy protein plus 105 mg/ sex. There was no significant difference day isoflavone tablets (n=25); (2) 18 g/ protein diet period. Furthermore, there in blood TC between the isolated soy was no significant difference in blood day isolated soy protein plus placebo protein groups and casein control group. TC or LDL cholesterol between the tablets (n=24); (3) 18 g/day control However, blood LDL was significantly animal protein diet period (control) and protein (casein, whey, and egg protein) lower (P <0.05) in the isolated soy the soybean diet period or the soy flour plus 105 mg/day isoflavone tablets protein group compared to the casein diet period. (n=26); or (4) control protein and control group. placebo tablets (n=22) in a beverage or c. Studies in subjects with desirable or Jenkins et al. (1989) was a controlled, food. Subjects were counseled to reduce borderline cholesterol levels that added crossover trial of moderate quality in animal protein foods by approximately soy foods to the diet. which 11 obese Canadian women who 3 oz/day, which is an amount Takatsuka et al. (2000) was a 60-day, consumed a low calorie diet (1,000 kcal) equivalent to the protein powder randomized, controlled, parallel trial of had 2 meals replaced by soy-based provided in the study (Ref. 174). There moderate quality in which 52 liquid formula made from soy flour and was no significant difference in blood premenopausal Japanese women soy protein isolate, and a milk-based TC or LDL cholesterol between any of consumed approximately 16 g/day of liquid formula for a duration of 4 weeks the soy protein groups and the control soy protein from soy milk (n=27) in each. The soy formula provided groups. addition to their usual diet or followed approximately 17 g/day soy protein, and Steinberg et al. (2003) was a their usual diet as a control diet (n=25) the cow’s milk formula provided 18 g/ randomized, double-blind, controlled, (Ref. 178). The control diet was a usual day milk protein (control) (Ref. 182). crossover trial of moderate quality in diet and therefore not a true placebo. There was no significant difference in which 28 postmenopausal American The change in blood TC was blood TC and LDL cholesterol between women consumed: (1) 25 g/day of significantly lower (P = 0.022) in the soy the soy formula and the cow’s milk isolated soy protein (107 mg/day milk group compared to the control formula groups. naturally occurring isoflavones); (2) 25 group. However, there was no Bosello et al. (1988) was a 75-day, g/day of isolated soy protein depleted of significant difference in the change in controlled, parallel trial of moderate isoflavones (2 mg/day isoflavones); and blood LDL cholesterol between the two quality in which 24 obese Italian (3) 25 g/day total milk protein (control) groups. subjects were fed a very low calorie diet for a duration of 6 weeks each (Ref. Mitchell and Collins (1999) was a 4- (375 kcal/day) for 15 days (Ref. 183). 175). Subjects mixed the protein week, randomized, controlled, parallel The very low calorie diets were then powders with a beverage and were trial of moderate quality in which 10 integrated with a commercial textured instructed to incorporate the protein British men consumed: (1) One liter of preparation that provided into their diet without increasing soy milk (n=4); (2) one liter of rice milk approximately 27 g/day of casein protein or energy intake. There was no (control) (n=3); or (3) one liter of semi (control) or approximately 28 g/day soy significant difference in blood TC and skimmed cow’s milk (control) (n=3) in protein that was consumed daily for 60 LDL cholesterol between soy protein addition to their usual diets. There was days. The 60-day hypocaloric diet groups and milk protein control group. no significant difference in blood TC provided a total of 800 kcal/day (375 Bakhit et al. (1994) was a randomized, between groups (Ref. 179). kcal/day from the very low calorie diet controlled, crossover trial of moderate Murkies et al., (1995) was a 12-week and 425 kcal/day from commercial quality in which 21 American men randomized, double-blind, controlled textured preparation). Blood TC and consumed muffins containing: (1) 25 g/ parallel trial of moderate quality in LDL cholesterol was significantly lower day isolated soy protein plus 20 g/day which 47 postmenopausal Australian (P <0.01) after consuming the soy of dietary fiber from cellulose; (2) 25 g/ women consumed 45 g/day of wheat protein diet compared to the casein diet.
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e. Studies that include subjects with f. Studies in subjects with high Hoie et al. (2005b) was an 8-week, normal, borderline, and high cholesterol cholesterol levels that added isolated randomized, double-blind, placebo- that were fed or substituted isolated soy soy protein to the diet. controlled, parallel trial of moderate protein in the diet. Hoie et al. (2007) was an 8-week, quality in which 117 German subjects Greany et al. (2004) was a randomized, double-blind, placebo- consumed: (1) 25 g/day soy protein randomized, controlled, crossover trial controlled, parallel trial of moderate (n=39); (2) 15 g/day soy protein plus 10 of moderate quality in which 33 quality in which 88 German subjects g/day milk protein (derived from postmenopausal American women consumed: (1) 25 g/day of isolated soy caseinate and skimmed milk powder) consumed: (1) 26 g/day of soy protein protein in its native, non-denatured (n=39); or (3) 25 g/day milk protein isolate; (2) 26 g/day soy protein isolate form (n=28); (2) 25 g/day of isolated soy (derived from caseinate and skimmed plus probiotic capsules; (3) 26 g/day protein (n=32); or (3) 25 g/day of milk milk powder) (control) (n=39) in milk protein; and (4) 26 g/day milk protein (derived from caseinate and addition to their usual diets (Ref. 190). protein plus probiotic capsules for a skimmed milk powder) (n=28) (control) Blood LDL cholesterol was significantly duration of 6 weeks each (Ref. 184). in addition to their usual diets (Ref. lower (P = 0.002) after consumption of Subjects were counseled to substitute 187). Blood TC and LDL cholesterol was 25 g/day soy protein compared to the 25 the protein powders in two divided significantly lower (P <0.001 and P = g/day casein group. TC was also doses for other protein containing foods 0.002, respectively) after consuming the significantly lower (P = 0.002) after in their diet. For the analysis, the soy non-denatured isolated soy protein consumption of 25 g/day soy protein protein and milk protein diets (control), compared to milk protein group. Blood compared to the 25 g/day casein group. with or without probiotics, were TC cholesterol was also significantly In the 15 g/day soy protein plus 10 g/ combined. Blood TC and LDL lower (P = 0.008) after consuming day casein group blood LDL cholesterol cholesterol was significantly lower (P isolated soy protein compared to milk was significantly lower (P = 0.011) <0.05) after consuming the soy protein protein group. However, there was no compared to 25 g/day casein control isolate compared to the milk protein significant difference for blood LDL group. TC was also significantly lower control period. cholesterol after consuming isolated soy (P = 0.001) after consumption of 15 g/ Wong et al. (1998) was a randomized, protein compared to milk protein group. day soy protein plus 10 g/day casein controlled, crossover trial of high Hoie et al. (2006) was a 4-week, compared to 25 g/day casein control quality in which 13 American subjects randomized, double-blind, placebo- group. with normal or borderline high Teede et al. (2005) was a 3-month, controlled, parallel trial of moderate cholesterol and 13 American subjects randomized, double-blind, placebo- quality in which 80 German subjects with high cholesterol consumed a controlled, parallel trial of moderate consumed daily: (1) Ultra-heat-treated National Cholesterol Education Program quality in which 40 postmenopausal chocolate-flavored milk containing 24.4 (NCEP) Step 1 soy protein diet that Australian women consumed 40 g/day g/day isolated soy protein and 30.4 g/ provided approximately 50 g/day isolated soy protein (n=19) or a casein isolated soy protein or an NCEP Step 1 day milk protein (n=20); (2) 43.3 g/day placebo in addition to their usual diet animal protein diet that provided milk protein (control) (n=20); (3) ultra- (n=21) (Ref. 191). There was no approximately 50 g/day animal protein heat-treated chocolate flavored milk significant difference in blood TC or (control) for a duration of 5 weeks each containing 12.2 g/day isolated soy LDL cholesterol between the soy protein (Ref. 185). Blood LDL cholesterol was protein and 15.2 g/day milk protein and casein group. significantly lower (P <0.05) after the (n=20); or (4) 21.7 g/day milk protein Harrison et al. (2004) was a 5-week, soy protein period compared to the (control) (n=20) (Ref. 188). There was no randomized, double-blind, placebo- animal protein period for both the significant difference in blood TC or controlled, parallel trial of moderate normal and borderline high subjects and LDL cholesterol between the group that quality in which 112 British men and high cholesterol subjects. However, consumed the ultra-heat-treated women consumed foods (bread, cracker there was no significant difference in chocolate-flavored milk containing 24.4 biscuits, and snack bars) that provided blood TC between the soy protein diet g/day isolated soy protein and 30.4 g/ 25 g/day isolated soy protein (n=59) or and the control diet for both the normal day milk protein group and the control the same foods without soy protein as and borderline high subjects and high milk protein group. There was also no a control (n=53) in addition to their cholesterol subjects. significant difference in blood TC and usual diet (Ref. 192). There was no Goldberg et al. (1982) was a LDL cholesterol between the group that significant difference in blood TC and randomized, controlled, crossover trial consumed ultra-heat-treated chocolate- LDL cholesterol between the soy protein of moderate quality in which 12 flavored milk containing 12.2 g/day soy and control groups. American subjects with high cholesterol protein and 15.2 g/day milk protein per Blum et al. (2003) was a randomized, and 4 American subjects with normal or day (n=20) or the control milk protein double-blind, placebo-controlled, borderline high cholesterol consumed group. crossover trial of moderate quality in daily: (1) An animal protein diet Hoie et al. (2005a) was an 8-week, which 24 postmenopausal Israeli (control); and (2) an isolated soy protein randomized, double-blind, placebo- women consumed 25 g/day milk protein diet for a duration of 6 weeks each. The controlled, parallel trial of moderate (control) and 25 g/day isolated soy soy protein diet contained an estimated quality in which 77 German subjects protein in addition to their usual diets 99 g/day of isolated soy protein (Ref. consumed 25 g/day soy protein (n=39) for a duration of 6 weeks each (Ref. 186). Blood TC and LDL cholesterol in or 25 g/day milk protein (derived from 193). Blood TC and LDL cholesterol was the 12 subjects with high cholesterol caseinate and skimmed milk powder) significantly lower (P <0.05) after was significantly lower (P <0.025) after (control) (n=38) in addition to their consuming soy protein isolate compared the soy protein diet compared to the usual diets (Ref. 189). Blood LDL to milk protein period. animal protein diet. However, there was cholesterol was significantly lower (P Cuevas et al. (2003) was a no significant difference in blood TC <0.05) in the soy protein group when randomized, double-blind, controlled, and LDL between the two diets in the compared to the casein group. There crossover trial of moderate quality in four subjects with normal or borderline was no difference in blood TC between which 18 postmenopausal Chilean high cholesterol. the soy protein group and casein group. women consumed diets providing 40 g/
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day caseinate (control) and 40 g/day blood LDL cholesterol between the milk g/day for men. The treatment effects for isolated soy protein in addition to an protein control and isolated soy protein blood TC and LDL cholesterol were NCEP Step 1 diet for a duration of 4 diet. significantly lower (P = 0.017 and P = weeks each (Ref. 194). There was no Ma et al. (2005) was a 5-week, 0.042, respectively) after consuming the significant difference in blood TC and randomized, double-blind, controlled, soy protein diets compared to the LDL cholesterol between the caseinate parallel trial of moderate quality in animal protein diets. For 20 subjects control diet and soy protein diet. which 159 American subjects consumed with LCL–C >160 mg/dL, the treatment Gardner et al. (2001) was a 12-week, daily 28 g/day milk protein supplement effects for blood TC and LDL–C were randomized, double-blind, placebo- (n=78) (control) or a 32 g/day isolated significantly lower (P <0.001 and P = controlled, parallel trial of moderate soy protein supplement (n=81) in a 0.003) after consuming the soy protein quality in which 94 postmenopausal beverage. Subjects were counseled to diets compared to the animal protein American women consumed: (1) 42 g/ modify their protein and carbohydrate diets. These data were also reported in day total milk protein (control) (n=30); intake to account for the protein Wang et al., (2004) and Desroches et al., (2) 42 g/day isolated soy protein with supplement intake. There was no (2004) (Ref. 204–205). isoflavones depleted (3 mg/day) (n=33); significant difference in blood TC and Van Horn et al. (2001) was a 6-week, or (3) 42 g/day isolated soy protein (80 LDL cholesterol between the two diets randomized, controlled, parallel trial of mg/day naturally occurring isoflavones) (Ref. 198). high quality in which 126 (n=31) in addition to their usual diet West et al. (2005) and Hilpert et al. postmenopausal American women (Ref. 195). There was no significant (2005) both discuss a randomized, consumed an NCEP Step 1 diet in which difference in blood TC or LDL double-blind, controlled, crossover trial they isocalorically substituted: (1) Oats cholesterol between the isolated soy of high quality in which 32 American and 29 g/day milk protein (n=31) protein groups and the total milk subjects were fed an NCEP Step 1 diet (control); (2) wheat and 29 g/day protein control group. that incorporated 25 g/day milk protein isolated soy protein (n=31); (3) oats and Hori et al. (2001) was a 3-month, or 25 g/day soy protein isolate for a 29 g/day isolated soy protein (n=31); or randomized, double-blind, placebo- duration of 6 weeks each (Ref. 199–200). (4) wheat and 29 g/day milk protein controlled, parallel trial of moderate On each diet, 15 g of the protein (n=32) (control) for other carbohydrates quality in which 21 Taiwanese men supplement was consumed in a muffin and dairy type foods (Ref. 206). There consumed: (1) Casein hydrolysate (n=7); while the remaining protein supplement was no significant difference in blood (2) 3 g/day of a crude type of soy protein was provided to the subjects to integrate TC or LDL cholesterol between the two hydrolysate (n=7); or (3) 6 g/day of a into the meals provided. There was no control and the two soy protein diets. crude type of soy protein hydrolysate significant difference in blood TC and h. Studies in subjects with high (n=7) in addition to their usual diet. LDL cholesterol between the milk cholesterol that added soy foods to the Blood TC was significantly lower (P protein and soy protein isolate diets. diet. <0.05) after consuming 3 g/day of a Jenkins et al. (2002 a and b) was a Gardner et al. (2007) was a 4-week, crude type of soy protein hydrolysate randomized, single-blind, controlled, randomized, single-blind, controlled, group for 3 months compared to the crossover trial of moderate quality in crossover trial of high quality in which casein hydrolysate control (Ref. 196). which 41 Canadian men and women 28 American men and women Blood TC was also significantly lower were fed an NCEP Step 2 diet in which consumed daily: (1) 1 percent cow’s after consuming 6 g/day crude type of the main protein containing foods were milk (control); (2) whole bean soy milk; soy protein hydrolysate group after 2 replaced with test foods made with: (1) and (3) soy protein isolate milk, in and 3 months compared to the casein Approximately 60 g/day dairy and egg addition to an American Heart hydrolysate control. Blood LDL protein; (2) 50 g/day of soy protein Association diet (Ref. 207). The whole cholesterol was significantly lower (P isolate (10 mg/day naturally occurring bean soy milk and the soy protein <0.05) after consuming 3 g/day of a isoflavones); and (3) 50 g/day soy isolate milk provided 25 g/day of soy crude type of soy protein hydrolysate protein isolate (73 mg/day naturally protein, and the 1 percent cow’s milk group after 2 and 3 months compared to occurring isoflavones) for a duration of provided 25 g/day of milk protein. the casein hydrolysate control. Blood 1 month each (Ref. 201–202). The Blood LDL cholesterol was a LDL cholesterol was also significantly percent change in blood TC and LDL significantly lower (P = 0.02) after lower (P <0.05) after consuming 6 g/day cholesterol was significantly lower (P consuming whole bean soy milk when a crude type of soy protein hydrolysate <0.01) after consuming the soy protein compared to 1 percent cow’s milk. group after 1, 2, and 3 months compared diets compared to the dairy and egg Blood LDL cholesterol was also to the casein hydrolysate group. protein diet (control). significantly lower (P = 0.02) after g. Studies in subjects with high Lichtenstein et al. (2002) was a consuming the soy protein diet cholesterol levels that were feeding or randomized, double-blind, controlled, compared to the 1 percent cow’s milk substitution studies with isolated soy crossover, feeding trial of moderate diet. protein. quality in which 42 American men and i. Study in subjects with high Chen et al. (2006) was a 12-week, women consumed diets of: (1) Isolated cholesterol that were fed soy foods. randomized, double-blind, placebo- soy protein depleted of isoflavones (25 Jenkins et al. (2000) was a controlled, parallel trial of high quality g soy protein/1,000 kcal); (2) isolated randomized, controlled, crossover trial in which 26 Taiwanese subjects on soy protein enriched with isoflavones of moderate quality in which 25 dialysis consumed daily their usual (25 g soy protein plus 50 mg Canadian men and women consumed dialysis diet that incorporated 30 g/day isoflavones/1,000 kcal); (3) animal daily an NCEP Step 2 diet that milk protein (control) (n=13) or an protein with no added isoflavones (25 g incorporated: (1) A commercial isolated soy protein diet containing 30 animal protein/1,000 kcal); and (4) breakfast cereal containing 8 g/day g/day soy protein (n=13) (Ref. 197). animal protein with added isoflavones wheat protein (control); and (2) a Blood TC was significantly lower (P (25 g animal protein and 50 mg breakfast cereal made with 70 percent <0.05) in the isolated soy protein diet isoflavones/1,000 kcal) for a duration of soy flour that provided 36 g/day soy compared to the milk protein control. 6 weeks each (Ref. 203). The mean soy protein for a duration of 3 weeks each There was no significant difference in intake for women was 55 g/day and 71 (Ref. 208). There was no significant
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difference between the wheat protein protein in the diets), the study measured controlled, parallel trial of moderate cereal (control) period and soy flour biomarkers (SBP or DBP) instead of quality in which 112 British men and cereal diet period for blood TC and LDL clinical outcomes (e.g., incidence of women with pre-hypertension (SBP 120 cholesterol. CHD). Therefore, this study is so to 139 mmHg or DBP 80 to 89 mmHg) deficient in methodological quality that consumed foods (bread, cracker biscuits, 2. Intervention Studies That Examined it is considered to be of low-quality and snack bars) that provided 25 g/day Soy Protein Intake and Systolic Blood design (Ref. 1) and, as a result, we could isolated soy protein (n=59) or the same Pressure (SBP) or Diastolic Blood not draw scientific conclusions foods without soy protein as a control Pressure (DBP) regarding the relationship between soy (n=53) in addition to their usual diet Twenty-eight studies, described in 30 protein intake and reduced risk of CHD. (Ref. 192). There was no significant publications, either substituted soy a. Studies in subjects with normal or difference in SBP and DBP between the protein in the diet or were feeding pre-hypertension (SBP <139 mmHg or soy protein and control groups. studies. These studies did not control DBP <89 mmHg). Cuevas et al. (2003) was a for or provide information on sodium Anderson et al. (2007) was a 16-week, randomized, double-blind, controlled, and potassium intake in the diet (Ref. randomized, single-blind, controlled, crossover trial of moderate quality in 44, 55, 66, 74, 77, 84, 91, 96–97, 99, 114, parallel trial of moderate quality in which 18 pre-hypertensive (SBP 120 to 116, 123, 125–126, 131–132, 139–140, which 35 obese American women with 139 mmHg or DBP 80 to 89 mmHg) 144, 149–151, 153–154, 181, 201–202, pre-hypertension (SBP 120 to 139 postmenopausal Chilean women 208–209). Because sodium and mmHg or DBP 80 to 89 mmHg) were fed consumed diets providing 40 g/day potassium intake also influence blood daily 3 meal replacement shakes caseinate (control) or 40 g/day isolated pressure, the independent effects of soy containing approximately 22 g/day of soy protein in addition to an NCEP Step protein intake and blood pressure could casein (control) (n=18) or 21 g/day 1 diet for a duration of 4 weeks each not be determined. Therefore, we could isolated soy protein (n=17) each (Ref. (Ref. 194). There was no significant not draw scientific conclusions about 89). There was no significant difference difference in SBP or DBP between the the relationship between soy protein in SBP or DBP between the casein and soy protein diet and caseinate control consumption and risk of CHD from soy protein diet. diet. these studies. Azadbakht et al. (2007) was a Teede et al. (2001) was a 3-month Four studies did not include an randomized, controlled, crossover trial randomized, double-blind, placebo- appropriate control protein for a of moderate quality in which 42 controlled, parallel trial of moderate comparison of the relative effects of soy postmenopausal Iranian women with quality in which 179 pre-hypertensive protein (Ref. 40, 42, 210–211). Without pre-hypertension (SBP 120 to 139 (SBP 120 to 139 mmHg or DBP 80 to 89 an appropriate control group, it cannot mmHg or DBP 80 to 89 mmHg) mmHg) Australian men and be determined if the changes in SBP or consumed daily: (1) A Dietary postmenopausal women consumed a DBP were due to soy protein intake or Approaches to Stop Hypertension casein placebo (n=93) or 40 g/day soy uncontrolled, extraneous factors. (DASH) control diet; (2) a 30 g/day soy protein isolate mixed with a beverage Therefore, we could not draw scientific protein diet; and (3) a 30 g/day soy nut twice a day (n=86) in addition to their conclusions about the relationship diet for a duration of 8 weeks each (Ref. usual diet (Ref. 170). SBP was between soy protein consumption and 65). The soy protein and soy nut diets significantly lower (P <0.05) in the soy risk of CHD from these studies. were the same as the DASH diet with protein isolate group compared to Chiechi et al. (2002) was a 6-month, soy protein and soy nuts being casein control group. However, there randomized, parallel trial in which 67 substituted for red meat for the control was no significant difference in DBP subjects with pre-hypertension (SBP 120 diet. There was no significant difference between the casein control group and to 139 mmHg or DBP 80 to 89 mmHg) in SBP or DBP between the DASH soy protein isolate group. consumed their usual diet (n=43) or control diet and the soy protein and soy Washburn et al. (1999) was a their usual diet plus a soy food serving nut diets. randomized, double-blind, placebo- each day (e.g. soy milk, miso soup, tofu, Evans et al. (2007) was a randomized, controlled, crossover trial of moderate tempeh, or soy beans) (n=34) (Ref. 142). double-blind, placebo-controlled, quality in which 42 pre-hypertensive Subjects in the soy group also crossover trial of moderate quality in (SBP 120 to 139 mmHg or DBP 80 to 89 exchanged two meals twice a week with which 22 pre-hypertensive (SBP 120 to mmHg), perimenopausal American two meals from a study menu that was 139 mmHg or DBP 80 to 89 mmHg), women consumed: (1) A complex based on traditional Mediterranean postmenopausal American women carbohydrate supplement (20 g/day) recipes and soy or soy products. consumed: (1) 25 g/day isolated soy mixed with a beverage (control); (2) 20 Approximately 50 percent of subjects in protein plus 20 g/day soy lecithin; (2) 25 g/day isolated soy protein supplement the soy group dropped out of the study g/day isolated soy protein plus placebo mixed with a beverage as a single dose; compared to 20 percent in the control lecithin; (3) placebo protein (50:50 and (3) 20 g/day soy protein supplement group. Therefore, the dropout rate in the calcium/sodium caseinate) and 20 g/day mixed with beverages split into two treatment group makes the results of soy lecithin; and (4) double placebo equal doses in addition to their usual this study difficult to interpret. A high (protein placebo and soy lecithin) in diet for a duration of 6 weeks each (Ref. dropout rate can introduce bias because addition to their usual diet for a 172). There was no difference in SBP or it changed the number of subjects in the duration of 4 weeks each (Ref. 162). DBP between the soy protein treatment group and may also have There was no significant difference in supplement mixed with a beverage as a changed the group’s composition SBP or DBP between the soy protein single dose period and the complex compared to the control group. In plus placebo lecithin group and the carbohydrate control period. However, addition to a high dropout rate, the double placebo group (control) or SBP and DBP were significantly lower study had other quality issues (e.g., between the soy protein plus soy (P <0.05) after consuming the 20 g/day information on study blinding was not lecithin group and the placebo protein soy protein supplement mixed with reported, adequate descriptions were plus soy lecithin period (control). beverages split into two equal doses not provided for the composition of the Harrison et al. (2004) was a 5-week, compared to the complex carbohydrate background diets or the amount of soy randomized, double-blind, placebo- supplement.
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b. Studies in normotensive or pre- Rivas et al. (2002) was a 3-month respect to a disease; however, it is hypertensive (SBP <39 mmHg or DBP randomized, double-blind, placebo- subsequently demonstrated in an <89 mmHg) and hypertensive subjects controlled, parallel trial of moderate intervention study that the nutrient- (SBP ≥140 mmHg or DBP ≥90 mmHg). quality in which 40 hypertensive (SBP containing dietary supplement does not He et al. (2005) was a 12-week, ≥140 mmHg or DBP ≥90 mmHg) Spanish confer a benefit or actually increases randomized, double-blind, parallel trial men and women consumed daily 1 liter risk of the disease (Ref. 226). For of moderate quality in which 276 of soy milk (18 g/day soy protein) or 1 example, previous epidemiological Chinese men and women with pre- liter of cow’s milk (15.5 g/day protein) studies reported an association between hypertension (SBP 120 to 139 mmHg or in addition to their usual diet (Ref. 213). fruits and vegetables high in beta- DBP 80 to 89 mmHg) or hypertension SBP and DBP was significantly lower (P carotene and a reduced risk of lung (SBP ≥140 mmHg or DBP ≥90 mmHg) <0.0001) in the soy milk group cancer (Ref. 227). However, subsequent consumed cookies containing 40 g/day compared to the cow’s milk group. intervention studies, the Alpha- Tocopherol and Beta Carotene complex carbohydrates from wheat D. Assessment of Observational Studies (n=139) (control) or cookies with 40 g/ Prevention Study (ATBC) and the day isolated soy protein (n=137) (Ref. FDA identified 11 observational Carotene and Retinol Efficiency Trial 212). Subjects were instructed to reduce studies that evaluated soy protein and (CARET), demonstrated that beta- other food intake to keep total energy CHD risk (Ref. 214–224). All of these carotene supplements increase the risk intake constant. Most subjects observational studies calculated soy of lung cancer in smokers and asbestos- consumed the cookies in place of their protein intake from estimated dietary exposed workers, respectively (Ref. usual breakfast or usual lunch. SBP and intake. In observational studies that 228–229). These studies illustrate that DBP were significantly (P <0.001) lower calculated nutrient intake from the effect of a nutrient provided as a for those who consumed the soy protein conventional foods, measures of soy dietary supplement exhibits different cookies compared to the wheat cookies protein intake were based on recorded health effects compared to when it is (control). dietary intake methods such as food consumed as part of a usual diet among frequency questionnaires, diet recalls, or Sagara et al. (2004) was a 5-week many other food components. diet records, in which the type and randomized, double-blind, placebo- Furthermore, these studies demonstrate amount of foods consumed were controlled, parallel trial of moderate the potential public health risk of estimated. A common weakness of quality in which 50 Scottish men with relying on results from epidemiological observational studies is the limited pre-hypertension (SBP 120 to 139 studies in which the effect of a nutrient ability to ascertain the actual food or is based on recorded dietary intake of mmHg or DBP 80 to 89 mmHg) or nutrient intake for the population hypertension (SBP ≥140 mmHg or DBP conventional foods as the sole source for ≥ studied as a result of poor memory, concluding that a relationship exists 90 mmHg) consumed 20 g/day of over- or underestimation of portion isolated soy protein powder in biscuits, between a specific nutrient and disease sizes, and recall bias (Ref. 225). risk (i.e., the effect could actually be cereal bars, and bread rolls (n=25) or Furthermore, the nutrient content of biscuits, cereal bars, and bread rolls harmful). foods can vary due to a number of For the reasons provided in this without added soy protein in addition factors, including soil composition, food section, scientific conclusions cannot be to their usual diets (n=25) (Ref. 166). processing and cooking procedures, and drawn from observational studies on There was no significant difference in storage conditions (e.g., duration, foods for soy protein as a food SBP or DBP between the soy protein and temperature). Thus, we cannot ascertain ingredient or component of food. control group. an accurate amount of soy protein c. Studies in hypertensive subjects consumed based merely on subjects’ VI. Strength of the Scientific Evidence ≥ ≥ (SBP 140 mmHg or DBP 90 mmHg). reports of dietary intake of foods. In evaluating the scientific evidence Webb et al. (2008) was a 5-day, In addition, soy foods contain not using our evidence-based review system randomized, double-blind, placebo- only soy protein, but also other (Ref. 1), we considered the strength of controlled, parallel trial of moderate nutrients that may be associated with evidence for a relationship between soy quality in which 25 hypertensive (SBP the metabolism of soy protein or the protein intake and reduced risk of CHD. ≥140 mmHg or DBP ≥90 mmHg) British pathogenesis of CHD. Therefore, When evaluating the strength of the men and women with CHD consumed because soy protein containing foods evidence, we consider study types, 25.7 g/day soy protein isolate (n=13) or consist of many nutrients and methodological quality, quantity of 25.7 g/day milk protein isolate (n=12) in substances, it is difficult to study the evidence for and against the claim addition to their usual diets (Ref. 60). nutrient or food components in isolation (taking into account the numbers of There was no significant difference in (Ref. 3). For studies based on recorded various types of studies and study SBP or DBP between the soy protein dietary intake of such foods, it is not sample sizes), relevance to the U.S. isolate group and the control milk possible to accurately determine population or target subgroup, protein isolate group. whether any observed effects of soy replication of study results supporting Jayagopal et al. (2002) was a protein on coronary heart disease risk the claim, and overall consistency of the randomized, double-blind, placebo- were due to: (1) Soy protein alone; (2) evidence (beneficial effect, no effect) controlled, crossover trial of moderate interactions between soy protein and (Ref. 1). For the outcome of an quality in which 32 hypertensive (SBP other nutrients; (3) other nutrients intervention study to demonstrate an ≥140 mmHg or DBP ≥90 mmHg) acting alone or together; or (4) decreased effect, the validated surrogate or clinical postmenopausal British women with consumption of other nutrients or endpoint evaluated in the intervention type 2 diabetes consumed 30 g/day of substances contained in foods displaced group should be statistically isolated soy protein or 30 g/day of from the diet by the increased intake of significantly different from the same cellulose (control) in addition to their soy protein containing foods. In some validated surrogate or clinical endpoint usual diet for a duration of 12 weeks instances, epidemiological studies based evaluated in the control group (P <0.05). each (Ref. 169). There was no significant on the recorded dietary intake of After assessing the totality of the difference in SBP and DBP between the conventional foods may indicate a scientific evidence, we then determine control diet and the soy protein diet. benefit for a particular nutrient with whether there is SSA to support an
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authorized health claim, or credible reducing the risk of CHD, while the agreement, among experts qualified by evidence to support a qualified health other 27 intervention studies did not. scientific training and experience to claim. Study findings also were inconsistent evaluate such claims, that the claim is Our decision about whether to regardless of whether soy protein was supported. Therefore, we have authorize a health claim represents our added to diet as a supplement or tentatively concluded that, currently, determination as to whether there is whether the studies were substitution or there is not significant scientific significant scientific agreement among feeding studies. The study findings also agreement among experts, under section qualified experts that the publicly were inconsistent regardless of the 403(r)(3)(B)(i) of the FD&C Act, that a available scientific evidence supports study size (10 subjects to 179 subjects) health claim about a relationship the substance/disease relationship that or the dose of soy protein (3 g to 92 g/ between soy protein intake and CHD is the subject of a proposed health day). Of the 12 high or moderate quality risk is supported by the evidence. We claim. The SSA standard is intended to intervention studies that measured SBP request comment and any supporting be a strong standard that provides a high or DBP from which a conclusion could data and information concerning this level of confidence in the validity of the be drawn, only 4 showed a benefit in tentative conclusion. However, while substance/disease relationship. SSA lowering SBP or DBP with soy protein the totality of the publicly available occurs well after the stage of emerging consumption, while the other 8 studies scientific evidence does not support a science, where data and information did not show a benefit. Again, the study finding of SSA, if, when we finalize this permit an inference, but does not findings were inconsistent regardless of rule, we conclude there is not SSA, but require consensus based on unanimous baseline SBP or DBP, study size (18 there is some credible evidence for the and incontrovertible scientific opinion. subjects to 276 subjects), or dose (18 g use of a qualified health claim about the We explained in our 2009 guidance to 60 g/day). Consistency of findings relationship between soy protein and a (Ref. 1) that we may evaluate new among similar and different study reduced risk of CHD, we intend to issue information that becomes available to designs is important for evaluating a statement of enforcement discretion determine whether it necessitates a causation and the strength of scientific for the use of a qualified health claim. change to an existing SSA claim to evidence (Ref. 1). The totality of the In the 1999 soy protein final rule maximize the public health benefit of evidence does not provide a basis on authorizing the use of a health claim our health claims review. The 2009 which experts would find SSA because regarding soy protein and the risk of guidance represents our current of the high degree of inconsistency of CHD (64 FR 57700) (now codified at thinking on the meaning of the SSA findings across similar and different § 101.82) (the 1999 authorized soy standard in section 403(r)(3) of the studies with high or moderate protein health claim), the petitioner FD&C Act and § 101.14(c) and the methodological quality. This degree of determined that use of soy as a dietary process for evaluating the scientific inconsistency would not be seen when protein is generally recognized as safe. evidence for a health claim pursuant to SSA exists because, when there is SSA, Under the health claim petition process, these authorities. we would find most of the studies to we evaluate whether the proponent of As noted in section V, we reevaluated, consistently find a beneficial the claim demonstrates, to FDA’s consistent with the 2009 guidance (Ref. relationship between a substance and a satisfaction, that the food ingredient is 1), the studies included in the 1999 final disease risk. ‘‘safe and lawful’’ under the applicable rule as well as new studies that were food safety provisions of the FD&C Act. published since the original review. As Although there is some evidence that In the 1999 soy protein final rule, we discussed in section V.C and D, the suggests a relationship between soy concluded that there was not sufficient totality of the scientific evidence protein intake and reduced risk of CHD, evidence to challenge the petitioner’s includes 58 well-designed, well- the strength of the totality of the current, assertion that soy protein ingredients executed intervention studies. Of these publicly available scientific evidence, are GRAS. The petitioner met the 58 studies, 46 are intervention studies of discussed in sections V and VI and the showing required by § 101.14(b)(3)(ii) high or moderate quality that measured references cited therein, which includes that the substance be ‘‘safe and lawful.’’ blood TC or LDL cholesterol, and 12 are many studies that post-date the We have reviewed the scientific intervention studies of high or moderate publication of our 1999 rule, is evidence relative to the safety of soy quality that measured SBP or DBP. The inconsistent and not conclusive. See protein as a food ingredient and the results of these studies were also tables 4–8 in Ref. 230. The evidence does not change our previous inconsistent and not conclusive. additional evidence now available to us conclusion that the use of soy protein at Of the 46 studies intervention studies includes a number of new studies that the levels necessary to justify a claim of high or moderate quality that do not support the relationship, and a has been demonstrated, to our measured blood TC or LDL cholesterol, number of studies that are inconclusive satisfaction, to be safe and lawful under 25 studies were conducted on subjects that also do not support a relationship. the applicable food safety provisions of with desirable or borderline cholesterol This combined body of evidence the FD&C Act. levels, defined as a blood TC less than represents the totality of the scientific 240 mg/dL or LDL cholesterol less than evidence that is currently available. We VII. Proposal To Revoke § 101.82 160 mg/dL; 18 were conducted on have now evaluated this entire body of As discussed above, FDA may subjects with high TC levels, defined as evidence, which consists of the studies reevaluate the science related to an TC levels less than 240 mg/dL or LDL in the 1999 rule as well as new evidence authorized health claim and may take cholesterol greater than or equal to 160 published since that time, using the action to revoke the claim (see section mg/dL; and 3 studies included subjects evidence based process described in our 403(r)(7)(B) of the FD&C Act (21 U.S.C. with desirable or borderline TC levels 2009 guidance. The totality of the 343(r)(7)(B)). Based on our review of the and subjects with high TC levels. Of the evidence, which includes the new, non- totality of the publicly available 46 intervention studies that looked at supportive studies, does not support the scientific evidence, we have tentatively the relationship between blood TC and/ statutory standard for authorizing a concluded that the SSA standard is not or LCL cholesterol and soy protein health claim. We have determined that met for a relationship between soy intake, only 19 intervention studies the totality of the scientific evidence protein and reduced risk of CHD. showed a benefit in significantly does not provide significant scientific Therefore, we are proposing to revoke
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the soy protein and reduced risk of CHD rule is a significant regulatory action The costs of this rule are relabeling health claim in § 101.82. under Executive Order 12866. the estimated 200 to 300 products The Regulatory Flexibility Act VIII. Economic Analysis of Impacts currently making the health claim. We requires Agencies to analyze regulatory estimate total annualized costs of We have examined the impacts of the options that would minimize any $35,000 to $81,000, when the relabeling proposed rule under Executive Order significant impact of a rule on small costs are annualized over 20 years at a 12866, Executive Order 13563, entities. Because up to 40 small 7-percent discount rate. The initial, one- Executive Order 13771, the Regulatory businesses could be required to relabel time costs are $370,000 to $860,000. Flexibility Act (5 U.S.C. 601–612), and one or more products, we find that the the Unfunded Mandates Reform Act of proposed rule may have a significant The benefit of this rule is better 1995 (Pub. L. 104–4). Executive Orders economic impact on a substantial information for the consumers who are 12866 and 13563 direct Agencies to number of small entities. considering purchasing products with assess all costs and benefits of available Section 202(a) of the Unfunded soy protein. This may generate an regulatory alternatives and, when Mandates Reform Act of 1995 requires unknown amount of increased regulation is necessary, to select that Agencies prepare a written consumer surplus. Some consumers regulatory approaches that maximize statement, which includes an may react to this new information by net benefits (including potential assessment of anticipated costs and switching their consumption to economic, environmental, public health benefits, before proposing ‘‘any rule that products that they enjoy more, or and safety, and other advantages; includes any Federal mandate that may products that still have an authorized distributive impacts; and equity). result in the expenditure by State, local, health claim. We request public Executive Order 13771 requires that the and tribal governments, in the aggregate, comment on how many consumers are costs associated with new regulations or by the private sector, of $100,000,000 likely to react to the changes in health shall ‘‘be offset by the elimination of or more (adjusted annually for inflation) claims caused by this proposed rule, existing costs associated with at least in any one year.’’ The current threshold and what the nature of their reaction two prior regulations.’’ It has been after adjustment for inflation is $148 will be. By basing their consumption determined that this proposed rule is an million, using the most current (2016) decisions on more recent and accurate action that does not impose more than Implicit Price Deflator for the Gross scientific information, they will get de minimis costs as described below Domestic Product. This proposed rule more consumer surplus, in the form of and thus is not a regulatory or would not result in any year enjoyment and/or potential health deregulatory action for purposes of expenditure that meets or exceeds this benefits, from the bundle of products Executive Order 13771. This proposed amount. they consume.
TABLE 3—COST AND BENEFIT OVERVIEW, USD, ANNUALIZED OVER 20 YEARS
Low estimate Mean High estimate
Costs, 7 percent discount rate ...... $35,000 $55,000 $81,000 Costs, 3 percent discount rate ...... 25,000 39,000 58,000
Benefits ...... Consumer Health Benefits and/or Enjoyment
The Economic Analysis of Impacts of X. Analysis of Environmental Impact with the exercise of Federal authority the proposed rule performed in We have determined under 21 CFR under the Federal statute.’’ Federal law accordance with Executive Order 12866, 25.32(p) that this action, revoking a includes an express preemption Executive Order 13563, the Regulatory health claim, is categorically excluded provision that preempts ‘‘any Flexibility Act, and the Unfunded from an environmental assessment or an requirement respecting any claims of Mandates Reform Act is available at environmental impact statement. the type described in [21 U.S.C. https://www.regulations.gov under the 343(r)(1)] made in the label or labeling docket number for this proposed rule XI. Paperwork Reduction Act of 1995 of food that is not identical to the and at: https://www.fda.gov/AboutFDA/ FDA tentatively concludes that this requirement of [21 U.S.C. 343(r)] ReportsManualsForms/Reports/ proposed rule contains no collection of * * *.’’ 21 U.S.C. 343–1(a)(5). However, EconomicAnalyses/default.htm. information. Therefore, clearance by the the statutory provision does not preempt any State requirement IX. Proposed Effective Date Office of Management and Budget under the Paperwork Reduction Act of 1995 is respecting a statement in the labeling of We intend that the effective date for not required. food that provides for a warning a final rule resulting from this concerning the safety of the food or rulemaking be 30 days after the final XII. Federalism component of the food (Pub. L. 101–535, rule’s date of publication in the Federal FDA has analyzed this proposed rule section 6, 104 Stat. 2353 (1990)). If this Register. in accordance with the principles set proposed rule is made final, the final With respect to a compliance date, we forth in Executive Order 13132. Section rule would revoke the health claim intend that any adjustments to a 4(a) of the Executive order requires related to soy protein and coronary product’s labeling occur in a manner Agencies to ‘‘construe * * * a Federal heart disease in the label or labeling of consistent with our uniform compliance statute to preempt State law only where food under 21 U.S.C. 343(r). date (see 81 FR 85156, November 25, the statute contains an express XIII. References 2016). Thus, if we issue a final rule preemption provision or there is some before December 31, 2018, then the other clear evidence that the Congress The following references are on compliance date would be January 1, intended preemption of State law, or display in the Dockets Management 2020. where the exercise of State law conflicts Staff (see ADDRESSES) and are available
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for viewing by interested persons and Amino Acids (Macronutrients), Diets High in Soy or Animal Protein with between 9 a.m. and 4 p.m., Monday Chapter 7: Dietary, Functional, and Total or without Isoflavones’’. American through Friday; they are also available Fiber’’, Washington, DC: National Journal of Clinical Nutrition. electronically at https:// Academies Press; 2002. 2005;81:43–49. 13. U.S. Department of Agriculture. ‘‘Soy 25. Hanson L.N., Engelman H.M., Alekel www.regulations.gov. FDA has verified Milk’’, USDA National Nutrient Database D.L., Schalinske K.L., Kohut M.L., Reddy the Web site addresses, as of the date for Standard Reference, release 28, 2016. M.B. ‘‘Effects of Soy Isoflavones and this document publishes in the Federal Retrieved from: https:// Phytate on Homocysteine, C-Reactive Register, but Web sites are subject to ndb.nal.usda.gov/ndb/. Protein, and Iron Status in change over time. 14. U.S. Department of Agriculture. ‘‘Soy Postmenopausal Women’’. American Flour’’, USDA National Nutrient Journal of Clinical Nutrition. 1. U.S. Food and Drug Administration. Database for Standard Reference, release 2006;84:774–780. ‘‘Guidance for Industry: Evidence-Based 28, 2016. Retrieved from: https:// 26. Higashi K., Abata S., Iwamoto N., Ogura Review System for the Scientific ndb.nal.usda.gov/ndb/. M., Yamashita T., Ishikawa O., Ohslzu Evaluation of Health Claims‘‘, January 15. U.S. Department of Agriculture. ‘‘Soy F., Nakamura H. ‘‘Effects of Soy Protein 2009. Retrieved from: http:// Protein Isolate’’, USDA National Nutrient on Levels of Remnant-Like Particles www.fda.gov/food/guidanceregulation/ Database for Standard Reference, release Cholesterol and Vitamin E in Healthy guidancedocumentsregulatory 28, 2016. Retrieved from: https:// Men’’. Journal of Nutritional Science and information/labelingnutrition/ ndb.nal.usda.gov/ndb/. Vitaminology. 2001;47:283–288. ucm073332.htm. 16. Institute of Medicine (IOM) of the 27. Urban D., Irwin W., Kirk M., Markiewicz 2. Balk E.C.M., Chew P, Ip S, Raman G, National Academies. ‘‘Dietary Reference M.A., Myers R., Smith M., Weiss H., Kupelnick B, Tatsioni A, Sun Y, Wolk B, Intakes for Water, Potassium, Sodium, Grizzle W.E., Barnes S. ‘‘The Effect of DeVine D, Lau J. ‘‘Effects of Soy on Chloride, and Sulfate’’, Washington, DC: Isolated Soy Protein on Plasma Health Outcomes. Summary, Evidence National Academies Press; 2005. Biomarkers in Elderly Men with Elevated Report/Technology Assessment No. 126. 17. Persky V.W., Turyk M.E., Wang L., Freels Serum Prostate Specific Antigen’’. (Prepared by the Tufts-New England S., Chatterton R., Jr., Barnes S., Erdman Journal of Urology. 2001;165:294–300. Medical Center Evidence-Based Practice J., Jr., Sepkovic D.W., Bradlow H.L., 28. Cupisti A., D’Alessandro C., Ghiadoni L., Center under Contract No. 290–02– Potter S. ‘‘Effect of Soy Protein on Morelli E., Panichi V., Barsotti G. ‘‘Effect 0022.)‘‘, AHRQ Publication No. 05– Endogenous Hormones in of a Soy Protein Diet on Serum Lipids of E024–1 July 2005. Postmenopausal Women’’. American Renal Transplant Patients’’. Journal of 3. Sempos C.T., Liu K., Ernst N.D. ‘‘Food and Journal of Clinical Nutrition. Renal Nutrition. 2004;14:31–35. Nutrient Exposures: What to Consider 2002;75:145–153. 29. Gallagher J.C., Satpathy R., Rafferty K., When Evaluating Epidemiologic Haynatzka V. ‘‘The Effect of Soy Protein Evidence’’. American Journal of Clinical 18. Siefker K., DiSilvestro R.A. ‘‘Safety and Nutrition. 1999;69:1330S–1338S. Antioxidant Effects of a Modest Soy Isolate on Bone Metabolism’’. 4. Institute of Medicine (IOM) of the National Protein Intervention in Hemodialysis Menopause. 2004;11:290–298. Academies. ‘‘Dietary Supplements: A Patients’’. Journal of Medicinal Food. 30. Tonstad S., Smerud K., Hoie L. ‘‘A Framework for Evaluating Safety, 2006;9:368–372. Comparison of the Effects of 2 Doses of Chapter 7, Categories of Scientific 19. Tormala R.M., Nikander E., Tiitinen A., Soy Protein or Casein on Serum Lipids, Evidence—in Vitro Data.‘‘, Washington, Vaisanen-Tommiska M., Ylikorkala O., Serum Lipoproteins, and Plasma Total DC; 2005. Mikkola T.S. ‘‘Serum Cholesterol Efflux Homocysteine in Hypercholesterolemic 5. Spilker B. Guide to Clinical Studies. New Potential in Postmenopausal Women Subjects’’. American Journal of Clinical York, New York: Raven Press, 1991; pp. Treated with Isolated Isoflavones’’. Nutrition. 2002;76:78–84. 59–64, 497–501, 793–800. Menopause. 2006;13:96–101. 31. Wangen K.E., Duncan A.M., Xu X., 6. National Research Council. Reference 20. Wiseman H., O’Reilly J.D., Adlercreutz Kurzer M.S. ‘‘Soy Isoflavones Improve Manual on Scientific Evidence: Third H., Mallet A.I., Bowey E.A., Rowland Plasma Lipids in Normocholesterolemic Edition. Washington, DC: The National I.R., Sanders T.A. ‘‘Isoflavone and Mildly Hypercholesterolemic Academies Press, 2011; pp. 220. Phytoestrogens Consumed in Soy Postmenopausal Women’’. American 7. Wilson E.B. An Introduction to Scientific Decrease F(2)-Isoprostane Concentrations Journal of Clinical Nutrition. Research. New York: Dover Publications, and Increase Resistance of Low-Density 2001;73:225–231. 1990; pp. 46–48. Lipoprotein to Oxidation in Humans’’. 32. Yildirir A., Tokgozoglu S.L., Oduncu T., 8. Hill A.B. ‘‘The Environment and Disease: American Journal of Clinical Nutrition. Oto A., Haznedaroglu I., Akinci D., Association or Causation?’’. Proceedings 2000;72:395–400. Koksal G., Sade E., Kirazli S., Kes S. of the Royal Society of Medicine. 21. Hill S., Box W., DiSilvestro R.A. ‘‘Soy Protein Diet Significantly Improves 1965;58:295–300. ‘‘Moderate Intensity Resistance Exercise, Endothelial Function and Lipid 9. Agency for Healthcare Research and Plus or Minus Soy Intake: Effects on Parameters’’. Clinical Cardiology. Quality. ‘‘Systems to Rate the Scientific Serum Lipid Peroxides in Young Adult 2001;24:711–716. Evidence’’, March 2002. Males’’. International Journal of Sport 33. Merz-Demlow B.E., Duncan A.M., 10. Institute of Medicine (IOM) of the Nutrition and Exercise Metabolism. Wangen K.E., Xu X., Carr T.P., Phipps National Academies. ‘‘Dietary Reference 2004;14:125–132. W.R., Kurzer M.S. ‘‘Soy Isoflavones Intakes for Energy, Carbohydrate, Fiber, 22. Heneman K.M., Chang H.C., Prior R.L., Improve Plasma Lipids in Fat, Fatty Acids, Cholesterol, Protein, Steinberg F.M. ‘‘Soy Protein with and Normocholesterolemic, Premenopausal and Amino Acids (Macronutrients), without Isoflavones Fails to Women’’. American Journal of Clinical Chapter 8: Dietary Fats: Total Fat and Substantially Increase Postprandial Nutrition. 2000;71:1462–1469. Fatty Acids’’, Washington, DC: National Antioxidant Capacity’’. Journal of 34. Wong W.W., Hachey D.L., Clarke L.L., Academies Press; 2002. Nutritional Biochemistry. 2007;18:46–53. Zhang S. ‘‘Cholesterol Synthesis and 11. Institute of Medicine (IOM) of the 23. Greany K.A., Nettleton J.A., Wangen K.E., Absorption by 2h2o and 18o-Cholesterol National Academies. ‘‘Dietary Reference Thomas W., Kurzer M.S. ‘‘Consumption and Hypocholesterolemic Effect of Soy Intakes for Energy, Carbohydrate, Fiber, of Isoflavone-Rich Soy Protein Does Not Protein’’. Journal of Nutrition. Fat, Fatty Acids, Cholesterol, Protein, Alter Homocysteine or Markers of 1995;125:612S–618S. and Amino Acids (Macronutrients), Inflammation in Postmenopausal 35. Sathyapalan T., Manuchehri A.M., Chapter 9: Cholesterol’’, Washington, Women’’. European Journal of Clinical Thatcher N.J., Rigby A.S., Chapman T., DC: National Academies Press; 2002. Nutrition. 2008;62:1419–1425. Kilpatrick E.S., Atkin S.L. ‘‘The Effect of 12. Institute of Medicine (IOM) of the 24. Vega-Lopez S., Yeum K.J., Lecker J.L., Soy Phytoestrogen Supplementation on National Academies. ‘‘Dietary Reference Ausman L.M., Johnson E.J., Devaraj S., Thyroid Status and Cardiovascular Risk Intakes for Energy, Carbohydrate, Fiber, Jialal I., Lichtenstein A.H. ‘‘Plasma Markers in Patients with Subclinical Fat, Fatty Acids, Cholesterol, Protein, Antioxidant Capacity in Response to Hypothyroidism: A Randomized,
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Double-Blind, Crossover Study’’. Journal 46. Lovati M.R., Manzoni C., Canavesi A., Hypercholesterolaemic Patients’’. of Clinical Endocrinology and Sirtori M., Vaccarino V., Marchi M., Human Nutrition Applied Nutrition. Metabolism. 2011;96:1442–1449. Gaddi G., Sirtori C.R. ‘‘Soybean Protein 1982;36:179–189. 36. Mackey R., Ekangaki A., Eden J.A. ‘‘The Diet Increases Low Density Lipoprotein 58. Sanders T.A., Dean T.S., Grainger D., Effects of Soy Protein in Women and Receptor Activity in Mononuclear Cells Miller G.J., Wiseman H. ‘‘Moderate Men with Elevated Plasma Lipids’’. from Hypercholesterolemic Patients’’. Intakes of Intact Soy Protein Rich in Biofactors. 2000;12:251–257. Journal of Clinical Investigation. Isoflavones Compared with Ethanol- 37. Engelman H.M., Alekel D.L., Hanson 1987;80:1498–1502. Extracted Soy Protein Increase Hdl but L.N., Kanthasamy A.G., Reddy M.B. 47. Holmes W., Rubel G., Hood S. Do Not Influence Transforming Growth ‘‘Blood Lipid and Oxidative Stress ‘‘Comparison of the Effect of Dietary Factor Beta(1) Concentrations and Responses to Soy Protein with Meat Verus Dietary Soybean Protein on Hemostatic Risk Factors for Coronary Isoflavones and Phytic Acid in Plasma Lipids of Hyperlipidemic Heart Disease in Healthy Subjects’’. Postmenopausal Women’’. American Individuals’’. Atherosclerosis. American Journal of Clinical Nutrition. Journal of Clinical Nutrition. 1980;36:379–387. 2002;76:373–377. 2005;81:590–596. 48. Sirtori C.R., Agradi E., Conti F., Mantero 59. Blumenschein S., Torres E., Kushmaul E., 38. Scheiber M.D., Liu J.H., Subbiah M.T., O., Gatti E. ‘‘Soybean-Protein Diet in the Crawford J., Fixler D. ‘‘Effect of Oat Rebar R.W., Setchell K.D. ‘‘Dietary Treatment of Type-Ii Bran/Soy Protein in Inclusion of Whole Soy Foods Results in Hyperlipoproteinaemia’’. Lancet. Hypercholesterolemic Children’’. Annals Significant Reductions in Clinical Risk 1977;1:275–277. of the New York Academy of Science. Factors for Osteoporosis and 49. Shorey R.L., Bazan B., Lo G.S., Steinke 1991;623:413–415. Cardiovascular Disease in Normal F.H. ‘‘Determinants of 60. Webb C.M., Hayward C.S., Mason M.J., Postmenopausal Women’’. Menopause. Hypocholesterolemic Response to Soy Ilsley C.D., Collins P. ‘‘Coronary 2001;8:384–392. and Animal Protein-Based Diets’’. Vasomotor and Blood Flow Responses to 39. Ristic Medic D., Ristic V., Arsic A., Postic American Journal of Clinical Nutrition. Isoflavone-Intact Soya Protein in M., Ristic G., Blazencic Mladenovic V., 1981;34:1769–1778. Subjects with Coronary Heart Disease or Tepsic J. ‘‘Effects of Soybean D-Lecivita 50. Borodin E.A., Menshikova I.G., Risk Factors for Coronary Heart Disease’’. Product on Serum Lipids and Fatty Acid Dorovskikh V.A., Feoktistova N.A., Clinical Science. 2008;115:353–359. Composition in Type 2 Diabetic Patients Shtarberg M.A., Yamamoto T., 61. Bonanome A., Grundy S.M. ‘‘Effect of with Hyperlipidemia’’. Nutrition, Takamatsu K., Mori H., Yamamoto S. Dietary Stearic Acid on Plasma Metabolism and Cardiovascular ‘‘Effects of Two-Month Consumption of Cholesterol and Lipoprotein Levels’’. New England Journal of Medicine. Diseases. 2006;16:395–404. 30 G a Day of Soy Protein Isolate or 1988;318:1244–1248. 40. Jenkins D.J., Kendall C.W., Nguyen T.H., Skimmed Curd Protein on Blood Lipid 62. Tabibi H., Imani H., Hedayati M., Atabak Marchie A., Faulkner D.A., Ireland C., Concentration in Russian Adults with S., Rahmani L. ‘‘Effects of Soy Josse A.R., Vidgen E., Trautwein E.A., Hyperlipidemia’’. Journal of Nutritional Consumption on Serum Lipids and Lapsley K.G., Holmes C., Josse R.G., Science and Vitaminology. 2009;55:492– Apoproteins in Peritoneal Dialysis Leiter L.A., Connelly P.W., Singer W. 497. Patients: A Randomized Controlled ‘‘Effect of Plant Sterols in Combination 51. Potter J.M., Nestel P.J. ‘‘Greater Bile Acid Trial’’. Peritoneal Dialysis International. with Other Cholesterol-Lowering Excretion with Soy Bean Than with Cow 2010;30:611–618. Foods’’. Metabolism. 2008;57:130–139. Milk in Infants’’. American Journal of 63. St-Onge M.P., Claps N., Wolper C., 41. Sirtori C.R., Gatti E., Mantero O., Conti Clinical Nutrition. 1976;29:546–551. Heymsfield S.B. ‘‘Supplementation with F., Agradi E., Tremoli E., Sirtori M., 52. Takahashi K., Kamada Y., Hiraoka- Soy-Protein-Rich Foods Does Not Fraterrigo L., Tavazzi L., Kritchevsky D. Yamamoto J., Mori M., Nagata R., Enhance Weight Loss’’. Journal of the ‘‘Clinical Experience with the Soybean Hashimoto K., Aizawa T., Matsuda K., Americian Dietetic Association. Protein Diet in the Treatment of Kometani T., Ikeda K., Yamori Y. ‘‘Effect 2007;107:500–505. Hypercholesterolemia’’. American of a Soybean Product on Serum Lipid 64. van Raaij J.M., Katan M.B., West C.E., Journal of Clinical Nutrition. Levels in Female University Students’’. Hautvast J.G. ‘‘Influence of Diets 1979;32:1645–1658. Clinical and Experimental Pharmacology Containing Casein, Soy Isolate, and Soy 42. Hermansen K., Sondergaard M., Hoie L., and Physiology. 2004;31 Suppl 2:S42–43. Concentrate on Serum Cholesterol and Carstensen M., Brock B. ‘‘Beneficial 53. Campbell C.G., Brown B.D., Dufner D., Lipoproteins in Middle-Aged Effects of a Soy-Based Dietary Thorland W.G. ‘‘Effects of Soy or Milk Volunteers’’. American Journal of Supplement on Lipid Levels and Protein During a High-Fat Feeding Clinical Nutrition. 1982;35:925–934. Cardiovascular Risk Markers in Type 2 Challenge on Oxidative Stress, 65. Azadbakht L., Kimiagar M., Mehrabi Y., Diabetic Subjects’’. Diabetes Care. Inflammation, and Lipids in Healthy Esmaillzadeh A., Padyab M., Hu F.B., 2001;24:228–233. Men’’. Lipids. 2006;41:257–265. Willett W.C. ‘‘Soy Inclusion in the Diet 43. Onning G., Akesson B., Oste R., 54. Meredith L., Liebman M., Graves K. Improves Features of the Metabolic Lundquist I. ‘‘Effects of Consumption of ‘‘Alterations in Plasma Lipid Levels Syndrome: A Randomized Crossover Oat Milk, Soya Milk, or Cow’s Milk on Resulting from Tofu and Cheese Study in Postmenopausal Women’’. Plasma Lipids and Antioxidative Consumption in Adult Women’’. Journal American Journal of Clinical Nutrition. Capacity in Healthy Subjects’’. Annals of of the American College of Nutrition. 2007;85:735–741. Nutrition and Metabolism. 1998;42:211– 1989;8:573–579. 66. Jenkins D.J., Kendall C.W., Mehling C.C., 220. 55. Fujii M., Fukui T., Miyoshi T. ‘‘Effect of Parker T., Rao A.V., Agarwal S., 44. Cupisti A., Ghiadoni L., D’Alessandro C., Freeze-Dried Soybean Curd (Tofu) on Novokmet R., Jones P.J., Raeini M., Story Kardasz I., Morelli E., Panichi V., Locati Various Bodily Functions’’. Journal of J.A., Furumoto E., Vidgen E., Griffin L.C., D., Morandi S., Saba A., Barsotti G., Medical Investigation. 1999;46:67–74. Cunnane S.C., Ryan M.A., Connelly P.W. Taddei S., Arnoldi A., Salvetti A. ‘‘Soy 56. Fumagalli R., Soleri L., Farina R., Musanti ‘‘Combined Effect of Vegetable Protein Protein Diet Improves Endothelial R., Mantero O., Noseda G., Gatti E., (Soy) and Soluble Fiber Added to a Dysfunction in Renal Transplant Sirtori C.R. ‘‘Fecal Cholesterol Excretion Standard Cholesterol-Lowering Diet’’. Patients’’. Nephrology Dialysis Studies in Type Ii Hypercholesterolemic Metabolism. 1999;48:809–816. Transplantation. 2007;22:229–234. Patients Treated with the Soybean 67. Pipe E.A., Gobert C.P., Capes S.E., 45. Gardner-Thorpe D., O’Hagen C., Young I., Protein Diet’’. Atherosclerosis. Darlington G.A., Lampe J.W., Duncan Lewis S.J. ‘‘Dietary Supplements of Soya 1982;43:341–353. A.M. ‘‘Soy Protein Reduces Serum Ldl Flour Lower Serum Testosterone 57. Vessby B., Karlstrom B., Lithell H., Cholesterol and the Ldl Cholesterol:Hdl Concentrations and Improve Markers of Gustafsson I.B., Werner I. ‘‘The Effects Cholesterol and Apolipoprotein Oxidative Stress in Men’’. European on Lipid and Carbohydrate Metabolism B:Apolipoprotein a-I Ratios in Adults Journal of Clinical Nutrition. of Replacing Some Animal Protein by with Type 2 Diabetes’’. Journal of 2003;57:100–106. Soy-Protein in a Lipid-Lowering Diet for Nutrition. 2009;139:1700–1706.
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68. Haub M.D., Wells A.M., Campbell W.W. 80. Gaddi A., Ciarrocchi A., Matteucci A., Supplementation Does Not Improve ‘‘Beef and Soy-Based Food Supplements Rimondi S., Ravaglia G., Descovich G.C., Lipid Profile in Postmenopausal Differentially Affect Serum Lipoprotein- Sirtori C.R. ‘‘Dietary Treatment for Women’’. Menopause. 2010;17:587–593. Lipid Profiles Because of Changes in Familial Hypercholesterolemia— 91. Anderson J.W., Hoie L.H. ‘‘Weight Loss Carbohydrate Intake and Novel Nutrient Differential Effects of Dietary Soy Protein and Lipid Changes with Low-Energy Intake Ratios in Older Men Who According to the Apolipoprotein E Diets: Comparator Study of Milk-Based Resistive-Train’’. Metabolism. Phenotypes’’. American Journal of Versus Soy-Based Liquid Meal 2005;54:769–774. Clinical Nutrition. 1991;53:1191–1196. Replacement Interventions’’. Journal of 69. Stephenson T.J., Setchell K.D., Kendall 81. Gaddi A., Descovich G.C., Noseda G., the American College of Nutrition. C.W., Jenkins D.J., Anderson J.W., Fanti Fragiacomo C., Nicolini A., Montanari 2005;24:210–216. P. ‘‘Effect of Soy Protein-Rich Diet on G., Vanetti G., Sirtori M., Gatti E., Sirtori 92. Wu A.H., Stanczyk F.Z., Martinez C., Renal Function in Young Adults with C.R. ‘‘Hypercholesterolaemia Treated by Tseng C.C., Hendrich S., Murphy P., Insulin-Dependent Diabetes Mellitus’’. Soybean Protein Diet’’. Archives of Chaikittisilpa S., Stram D.O., Pike M.C. Clinical Nephrology. 2005;64:1–11. Diseases in Childhood. 1987;62:274–278. ‘‘A Controlled 2-Mo Dietary Fat 70. Azadbakht L., Atabak S., Esmaillzadeh A. 82. Duane W.C. ‘‘Effects of Soybean Protein Reduction and Soy Food ‘‘Soy Protein Intake, Cardiorenal Indices, and Very Low Dietary Cholesterol on Supplementation Study in and C-Reactive Protein in Type 2 Serum Lipids, Biliary Lipids, and Fecal Postmenopausal Women’’. American Diabetes with Nephropathy: A Sterols in Humans’’. Metabolism. Journal of Clinical Nutrition. Longitudinal Randomized Clinical 1999;48:489–494. 2005;81:1133–1141. Trial’’. Diabetes Care. 2008;31:648–654. 83. Grundy S.M., Abrams J.J. ‘‘Comparison of 93. Steele M.G. ‘‘The Effect on Serum 71. Thorp A.A., Howe P.R., Mori T.A., Coates Actions of Soy Protein and Casein on Cholesterol Levels of Substituting Milk A.M., Buckley J.D., Hodgson J., Mansour Metabolism of Plasma Lipoproteins and with a Soya Beverage’’. Australian J., Meyer B.J. ‘‘Soy Food Consumption Cholesterol in Humans’’. American Journal of Nutrition and Dietetics. Does Not Lower Ldl Cholesterol in Either Journal of Clinical Nutrition. 1992;49:24–28. Equol or Nonequol Producers’’. 1983;38:245–252. 94. Deibert P., Konig D., Schmidt-Trucksaess American Journal of Clinical Nutrition. 84. Hermansen K., Hansen B., Jacobsen R., A., Zaenker K.S., Frey I., Landmann U., 2008;88:298–304. Clausen P., Dalgaard M., Dinesen B., Berg A. ‘‘Weight Loss without Losing 72. Allen J.K., Becker D.M., Kwiterovich P.O., Holst J.J., Pedersen E., Astrup A. ‘‘Effects Muscle Mass in Pre-Obese and Obese Lindenstruth K.A., Curtis C. ‘‘Effect of of Soy Supplementation on Blood Lipids Subjects Induced by a High-Soy-Protein Soy Protein-Containing Isoflavones on and Arterial Function in Diet’’. International Journal of Obesity. Lipoproteins in Postmenopausal Hypercholesterolaemic Subjects’’. 2004;28:1349–1352. Women’’. Menopause. 2007;14:106–114. European Journal of Clinical Nutrition. 95. Puska P., Korpelainen V., Hoie L.H., 73. Bricarello L.P., Kasinski N., Bertolami 2005;59:843–850. Skovlund E., Lahti T., Smerud K.T. ‘‘Soy M.C., Faludi A., Pinto L.A., Relvas W.G., 85. Baum J.A., Teng H., Erdman J.W., Jr., in Hypercholesterolaemia: A Double- Izar M.C., Ihara S.S., Tufik S., Fonseca Weigel R.M., Klein B.P., Persky V.W., Blind, Placebo-Controlled Trial’’. F.A. ‘‘Comparison between the Effects of Freels S., Surya P., Bakhit R.M., Ramos European Journal of Clinical Nutrition. Soy Milk and Non-Fat Cow Milk on E., Shay N.F., Potter S.M. ‘‘Long-Term 2002;56:352–357. Lipid Profile and Lipid Peroxidation in Intake of Soy Protein Improves Blood 96. Puska P., Korpelainen V., Hoie L.H., Patients with Primary Skovlund E., Smerud K.T. ‘‘Isolated Soya Hypercholesterolemia’’. Nutrition. Lipid Profiles and Increases 2004;20:200–204. Mononuclear Cell Low-Density- Protein with Standardised Levels of 74. Meyer B.J., Larkin T.A., Owen A.J., Lipoprotein Receptor Messenger Rna in Isoflavones, Cotyledon Soya Fibres and Astheimer L.B., Tapsell L.C., Howe P.R. Hypercholesterolemic, Postmenopausal Soya Phospholipids Improves Plasma ‘‘Limited Lipid-Lowering Effects of Women’’. American Journal of Clinical Lipids in Hypercholesterolaemia: A Regular Consumption of Whole Soybean Nutrition. 1998;68:545–551. Double-Blind, Placebo-Controlled Trial Foods’’. Annals of Nutrition and 86. Potter S.M., Baum J.A., Teng H., Stillman of a Yoghurt Formulation’’. British Metabolism. 2004;48:67–78. R.J., Shay N.F., Erdman J.W., Jr. ‘‘Soy Journal of Nutrition. 2004;91:393–401. 75. Ridges L., Sunderland R., Moerman K., Protein and Isoflavones: Their Effects on 97. Allison D.B., Gadbury G., Schwartz L.G., Meyer B., Astheimer L., Howe P. Blood Lipids and Bone Density in Murugesan R., Kraker J.L., Heshka S., ‘‘Cholesterol Lowering Benefits of Soy Postmenopausal Women’’. American Fontaine K.R., Heymsfield S.B. ‘‘A Novel and Linseed Enriched Foods’’. Asia Journal of Clinical Nutrition. Soy-Based Meal Replacement Formula Pacific Journal of Clinical Nutrition. 1998;68:1375S–1379S. for Weight Loss among Obese 2001;10:204–211. 87. Wang M.F., Yamamoto S., Chung H.M., Individuals: A Randomized Controlled 76. Widhalm K., Brazda G., Schneider B., Chung S.Y., Miyatani S., Mori M., Okita Clinical Trial’’. European Journal of Kohl S. ‘‘Effect of Soy Protein Diet T., Sugano M. Clinical Nutrition. 2003;57:514–522. Versus Standard Low Fat, Low ‘‘Antihypercholesterolemic Effect of 98. Kreijkamp-Kaspers S., Kok L., Grobbee Cholesterol Diet on Lipid and Undigested Fraction of Soybean Protein D.E., de Haan E.H., Aleman A., Lampe Lipoprotein Levels in Children with in Young Female Volunteers’’. Journal of J.W., van der Schouw Y.T. ‘‘Effect of Soy Familial or Polygenic Nutritional Science and Vitaminology. Protein Containing Isoflavones on Hypercholesterolemia’’. Journal of 1995;41:187–195. Cognitive Function, Bone Mineral Pediatrics. 1993;123:30–34. 88. Potter S.M., Bakhit R.M., Essex-Sorlie Density, and Plasma Lipids in 77. Kurowska E.M., Jordan J., Spence J.D., D.L., Weingartner K.E., Chapman K.M., Postmenopausal Women: A Randomized Wetmore S., Piche L.A., Radzikowski M., Nelson R.A., Prabhudesai M., Savage Controlled Trial’’. Journal of the Dandona P., Carroll K.K. ‘‘Effects of W.D., Nelson A.I., Winter L.W., . American Medical Association. Substituting Dietary Soybean Protein and ‘‘Depression of Plasma Cholesterol in 2004;292:65–74. Oil for Milk Protein and Fat in Subjects Men by Consumption of Baked Products 99. Kreijkamp-Kaspers S., Kok L., Bots M.L., with Hypercholesterolemia’’. Clinical Containing Soy Protein’’. American Grobbee D.E., Lampe J.W., van der Investigative Medicine. 1997;20:162–170. Journal of Clinical Nutrition. Schouw Y.T. ‘‘Randomized Controlled 78. Ashton E.L., Dalais F.S., Ball M.J. ‘‘Effect 1993;58:501–506. Trial of the Effects of Soy Protein of Meat Replacement by Tofu on Chd 89. Anderson J.W., Fuller J., Patterson K., Containing Isoflavones on Vascular Risk Factors Including Copper Induced Blair R., Tabor A. ‘‘Soy Compared to Function in Postmenopausal Women’’. Ldl Oxidation’’. Journal of the American Casein Meal Replacement Shakes with American Journal of Clinical Nutrition. College of Nutrition. 2000;19:761–767. Energy-Restricted Diets for Obese 2005;81:189–195. 79. Ashton E., Ball M. ‘‘Effects of Soy as Tofu Women: Randomized Controlled Trial’’. 100. Dent S.B., Peterson C.T., Brace L.D., Vs Meat on Lipoprotein Concentrations’’. Metabolism. 2007;56:280–288. Swain J.H., Reddy M.B., Hanson K.B., European Journal of Clinical Nutrition. 90. Campbell S.C., Khalil D.A., Payton M.E., Robinson J.G., Alekel D.L. ‘‘Soy Protein 2000;54:14–19. Arjmandi B.H. ‘‘One-Year Soy Protein Intake by Perimenopausal Women Does
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Not Affect Circulating Lipids and 111. Nilausen K., Meinertz H. Substituting Soybean Protein Isolate for Lipoproteins or Coagulation and ‘‘Lipoprotein(a) and Dietary Proteins: All Meat and Dairy Protein in the Diets Fibrinolytic Factors’’. Journal of Casein Lowers Lipoprotein(a) of Hypercholesterolemic Men’’. Nutrition Nutrition. 2001;131:2280–2287. Concentrations as Compared with Soy Reports International. 1981;24:1187– 101. Swain J.H., Alekel D.L., Dent S.B., Protein’’. American Journal of Clinical 1198. Peterson C.T., Reddy M.B. ‘‘Iron Indexes Nutrition. 1999;69:419–425. 123. Wheeler M.L., Fineberg SE., Fineberg and Total Antioxidant Status in 112. Meinertz H., Faergeman O., Nilausen K., N.S., Gibson R.G., Hackward L.L. Response to Soy Protein Intake in Chapman M.J., Goldstein S., Laplaud ‘‘Animal Versus Plant Protein Meals in Perimenopausal Women’’. American P.M. ‘‘Effects of Soy Protein and Casein Individuals with Type 2 Diabetes and Journal of Clinical Nutrition. in Low Cholesterol Diets on Plasma Microalbuminuria: Effects on Renal, 2002;76:165–171. Lipoproteins in Normolipidemic Glycemic, and Lipid Parameters’’. 102. Sirtori C.R., Bosisio R., Pazzucconi F., Subjects’’. Atherosclerosis. 1988;72:63– Diabetes Care. 2002;25:1277–1282. Bondioli A., Gatti E., Lovati M.R., 70. 124. Mercer N., Carroll K.K., PM G., FH S., Murphy P. ‘‘Soy Milk with a High 113. Meinertz H., Nilausen K., Faergeman O. Wolfe B.M. ‘‘Effects of Human Plasma Glycitein Content Does Not Reduce Low- ‘‘Soy Protein and Casein in Cholesterol- Lipids of Substituting Soybean Protein Density Lipoprotein Cholesterolemia in Enriched Diets: Effects on Plasma Isolate for Milk Protein in the Diet’’. Type Ii Hypercholesterolemic Patients’’. Lipoproteins in Normolipidemic Nutrition Reports International. Annals of Nutrition and Metabolism. Subjects’’. American Journal of Clinical 1987;35:279–287. 2002;46:88–92. Nutrition. 1989;50:786–793. 125. D’Amico G., Gentile M.G. ‘‘Effect of 103. Sirtori C.R., Zucchi-Dentone C., Sirtori 114. Welty F.K., Lee K.S., Lew N.S., Zhou J.R. Dietary Manipulation on the Lipid M., Gatti E., Descovich G.C., Gaddi A., ‘‘Effect of Soy Nuts on Blood Pressure Abnormalities and Urinary Protein Loss Cattin L., Da Col P.G., Senin U., and Lipid Levels in Hypertensive, in Nephrotic Patients’’. Mineral and Mannarino E., . ‘‘Cholesterol-Lowering Prehypertensive, and Normotensive Electrolyte Metabolism. 1992;18:203– and Hdl-Raising Properties of Postmenopausal Women’’. Archives of 206. Lecithinated Soy Proteins in Type Ii Internal Medicine. 2007;167:1060–1067. 126. D’Amico G., Gentile M.G., Manna G., Hyperlipidemic Patients’’. Annals of 115. Teixeira S.R., Potter S.M., Weigel R., Fellin G., Ciceri R., Cofano F., Petrini C., Nutrition and Metabolism. 1985;29:348– Hannum S., Erdman J.W., Jr., Hasler C.M. Lavarda F., Perolini S., Porrini M. ‘‘Effect 357. ‘‘Effects of Feeding 4 Levels of Soy of Vegetarian Soy Diet on 104. Sirtori C.R., Pazzucconi F., Colombo L., Protein for 3 and 6 Wk on Blood Lipids Hyperlipidaemia in Nephrotic Battistin P., Bondioli A., Descheemaeker and Apolipoproteins in Moderately Syndrome’’. Lancet. 1992;339:1131– K. ‘‘Double-Blind Study of the Addition Hypercholesterolemic Men’’. American 1134. of High-Protein Soya Milk V. Cows’ Milk Journal of Clinical Nutrition. 127. Anderson J.W., Blake J.E., Turner J., 2000;71:1077–1084. to the Diet of Patients with Severe Smith B.M. ‘‘Effects of Soy Protein on Hypercholesterolaemia and Resistance to 116. Crouse J.R., III, Morgan T., Terry J.G., Renal Function and Proteinuria in or Intolerance of Statins’’. British Journal Ellis J., Vitolins M., Burke G.L. ‘‘A Patients with Type 2 Diabetes’’. of Nutrition. 1999;82:91–96. Randomized Trial Comparing the Effect American Journal of Clinical Nutrition. 105. Descovich G.C., Ceredi C., Gaddi A., of Casein with That of Soy Protein 1998;68:1347S–1353S. Benassi M.S., Mannino G., Colombo L., Containing Varying Amounts of 128. Soroka N., Silverberg D.S., Greemland Cattin L., Fontana G., Senin U., Isoflavones on Plasma Concentrations of M., Birk Y., Blum M., Peer G., Iaina A. Mannarino E., Caruzzo C., Bertelli E., Lipids and Lipoproteins’’. Arch Intern Fragiacomo C., Noseda G., Sirtori M., Med. 1999;159:2070–2076. ‘‘Comparison of a Vegetable-Based (Soya) Sirtori C.R. ‘‘Multicentre Study of 117. Weghuber D., Widhalm K. ‘‘Effect of 3- and an Animal-Based Low-Protein Diet Soybean Protein Diet for Outpatient Month Treatment of Children and in Predialysis Chronic Renal Failure Hyper-Cholesterolaemic Patients’’. Adolescents with Familial and Polygenic Patients’’. Nephron. 1998;79:173–180. Lancet. 1980;2:709–712. Hypercholesterolaemia with a Soya- 129. Shige H., Ishikawa T., Higashi K., 106. Carroll K.K., Giovannetti P.M., Huff Substituted Diet’’. British Journal of Yamashita T., Tomiyasu K., Yoshida H., M.W., Moase O., Roberts DC, Wolfe B.M. Nutrition. 2008;99:281–286. Hosoai H., Ito T., Nakajima K., Ayaori ‘‘Hypocholesterolemic Effect of 118. Laurin D., Jacques H., Moorjani S., M., Yonemura A., Suzukawa M., Substituting Soybean Protein for Animal Steinke F.H., Gagne C., Brun D., Lupien Nakamura H. ‘‘Effects of Soy Protein Protein in the Diet of Healthy Young P.J. ‘‘Effects of a Soy-Protein Beverage on Isolate (Spi) and Casein on the Women’’. American Journal of Clinical Plasma Lipoproteins in Children with Postprandial Lipemia in Normolipidemic Nutrition. 1978;31:1312–1321. Familial Hypercholesterolemia’’. Men’’. Journal of Nutritional Science and 107. Giovannetti P.M., Carroll K.K., Wolfe American Journal of Clinical Nutrition. Vitaminology. 1998;44:113–127. B.M. ‘‘Constancy of Fasting Serum 1991;54:98–103. 130. Padhi E.M., Blewett H.J., Duncan A.M., Cholesterol of Healthy Young Women 119. Jacques H., Laurin D., Moorjani S., Guzman R.P., Hawke A., Seetharaman Upon Substitution of Soy Protein Isolate Steinke F.H., Gagne C., Brun D., Lupien K., Tsao R., Wolever T.M., Ramdath D.D. for Meat and Dairy Protein in Medium P.J. ‘‘Influence of Diets Containing Cow’s ‘‘Whole Soy Flour Incorporated into a and Low Fat Diets’’. Nutrition Research. Milk or Soy Protein Beverage on Plasma Muffin and Consumed at 2 Doses of Soy 1986;6:609–618. Lipids in Children with Familial Protein Does Not Lower Ldl Cholesterol 108. Sacks F.M., Breslow J.L., Wood P.G., Hypercholesterolemia’’. Journal of the in a Randomized, Double-Blind Kass E.H. ‘‘Lack of an Effect of Dairy American College of Nutrition. 1992;11 Controlled Trial of Hypercholesterolemic Protein (Casein) and Soy Protein on Suppl:69S–73S. Adults’’. Journal of Nutrition. Plasma Cholesterol of Strict Vegetarians. 120. Verrillo A., de T.A., Carandente G.P., La 2015;145:2665–2674. An Experiment and a Critical Review’’. R.S. ‘‘Soybean Protein Diets in the 131. Jenkins D.J., Kendall C.W., Faulkner D., Journal of Lipid Research. 1983;24:1012– Management of Type Ii Vidgen E., Trautwein E.A., Parker T.L., 1020. Hyperlipoproteinaemia’’. Marchie A., Koumbridis G., Lapsley 109. Meinertz H., Nilausen K., Hilden J. Atherosclerosis. 1985;54:321–331. K.G., Josse R.G., Leiter L.A., Connelly ‘‘Alcohol-Extracted, but Not Intact, 121. Huff M.W., Giovannetti P.M., Wolfe P.W. ‘‘A Dietary Portfolio Approach to Dietary Soy Protein Lowers B.M. ‘‘Turnover of Very Low-Density Cholesterol Reduction: Combined Effects Lipoprotein(a) Markedly’’. Lipoprotein-Apoprotein B Is Increased of Plant Sterols, Vegetable Proteins, and Arteriosclerosis, Thrombosis, and by Substitution of Soybean Protein for Viscous Fibers in Vascular Biology. 2002;22:312–316. Meat and Dairy Protein in the Diets of Hypercholesterolemia’’. Metabolism. 110. Nilausen K., Meinertz H. ‘‘Variable Hypercholesterolemic Men’’. American 2002;51:1596–1604. Lipemic Response to Dietary Soy Protein Journal of Clinical Nutrition. 132. Jenkins D.J., Kendall C.W., Vidgen E., in Healthy, Normolipemic Men’’. 1984;39:888–897. Mehling C.C., Parker T., Seyler H., American Journal of Clinical Nutrition. 122. Wolfe B.M., PM G., CH C., Roberts DC, Faulkner D., Garsetti M., Griffin L.C., 1998;68:1380S–1384S. Carroll K.K. ‘‘Hypolipidemic Effect of Agarwal S., Rao A.V., Cunnane S.C.,
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Ryan M.A., Connelly P.W., Leiter L.A., 142. Chiechi L.M., Secreto G., Vimercati A., Vidgen E., Trautwein E.A., Lapsley K.G., Vuksan V., Josse R. ‘‘The Effect on Serum Greco P., Venturelli E., Pansini F., Holmes C., Josse R.G., Leiter L.A., Lipids and Oxidized Low-Density Fanelli M., Loizzi P., Selvaggi L. ‘‘The Connelly P.W., Singer W. ‘‘Assessment Lipoprotein of Supplementing Self- Effects of a Soy Rich Diet on Serum of the Longer-Term Effects of a Dietary Selected Low-Fat Diets with Soluble- Lipids: The Menfis Randomized Trial’’. Portfolio of Cholesterol-Lowering Foods Fiber, Soy, and Vegetable Protein Maturitas. 2002;41:97–104. in Hypercholesterolemia’’. American Foods’’. Metabolism. 2000;49:67–72. 143. Chiechi L.M., Secreto G., D’Amore M., Journal of Clinical Nutrition. 133. Jenkins D.J., Kendall C.W., Garsetti M., Fanelli M., Venturelli E., Cantatore F., 2006;83:582–591. Rosenberg-Zand R.S., Jackson C.J., Valerio T., Laselva G., Loizzi P. ‘‘Efficacy 153. Jenkins D.J., Kendall C.W., Marchie A., Agarwal S., Rao A.V., Diamandis E.P., of a Soy Rich Diet in Preventing Faulkner D.A., Wong J.M., de Souza R., Parker T., Faulkner D., Vuksan V., Postmenopausal Osteoporosis: The Emam A., Parker T.L., Vidgen E., Vidgen E. ‘‘Effect of Soy Protein Foods Menfis Randomized Trial’’. Maturitas. Trautwein E.A., Lapsley K.G., Josse R.G., on Low-Density Lipoprotein Oxidation 2002;42:295–300. Leiter L.A., Singer W., Connelly P.W. and Ex Vivo Sex Hormone Receptor 144. Gentile M.G., Fellin G., Cofano F., Delle ‘‘Direct Comparison of a Dietary Portfolio Activity—a Controlled Crossover Trial’’. F.A., Manna G., Ciceri R., Petrini C., of Cholesterol-Lowering Foods with a Metabolism. 2000;49:537–543. Lavarda F., Pozzi F., D’Amico G. Statin in Hypercholesterolemic 134. Ham J.O., Chapman K.M., Essex-Sorlie ‘‘Treatment of Proteinuric Patients with Participants’’. American Journal of D., Bakhit R.M., Prabhudesai M., Winter a Vegetarian Soy Diet and Fish Oil’’. Clinical Nutrition. 2005;81:380–387. L.W., Erdman J.W., Jr., Potter S.M. Clinical Nephrology. 1993;40:315–320. 154. Jenkins D.J., Kendall C.W., Marchie A., ‘‘Endocrinological Response to Soy 145. Vigna G.B., Pansini F., Bonaccorsi G., Faulkner D.A., Josse A.R., Wong J.M., de Protein and Fiber in Mildly Albertazzi P., Donega P., Zanotti L., De Souza R., Emam A., Parker T.L., Li T.J., Hypercholesterolemic Men’’. Nutrition A.D., Mollica G., Fellin R. ‘‘Plasma Josse R.G., Leiter L.A., Singer W., Research. 1993;13:873–884. Lipoproteins in Soy-Treated Connelly P.W. ‘‘Direct Comparison of 135. Roughead Z.K., Hunt J.R., Johnson L.K., Postmenopausal Women: A Double- Dietary Portfolio Vs Statin on C-Reactive Badger T.M., Lykken G.I. ‘‘Controlled Blind, Placebo-Controlled Trial’’. Protein’’. European Journal of Clinical Substitution of Soy Protein for Meat Nutrition, Metabolism and Nutrition. 2005;59:851–860. Protein: Effects on Calcium Retention, Cardiovascular Diseases. 2000;10:315– 155. Jones P.J., Raeini-Sarjaz M., Jenkins D.J., Bone, and Cardiovascular Health Indices 322. Kendall C.W., Vidgen E., Trautwein E.A., in Postmenopausal Women’’. Journal of 146. Zittermann A., Geppert J., Baier S., Zehn Lapsley K.G., Marchie A., Cunnane S.C., Clinical Endocrinology and Metabolism. N., Gouni-Berthold I., Berthold H.K., Connelly P.W. ‘‘Effects of a Diet High in 2005;90:181–189. Reinsberg J., Stehle P. ‘‘Short-Term Plant Sterols, Vegetable Proteins, and 136. Yamashita T., Sasahara T., Pomeroy SE., Effects of High Soy Supplementation on Viscous Fibers (Dietary Portfolio) on Collier G., Nestel P.J. ‘‘Arterial Sex Hormones, Bone Markers, and Lipid Circulating Sterol Levels and Red Cell Compliance, Blood Pressure, Plasma Parameters in Young Female Adults’’. Fragility in Hypercholesterolemic Leptin, and Plasma Lipids in Women European Journal of Nutrition. Subjects’’. Lipids. 2005;40:169–174. Are Improved with Weight Reduction 2004;43:100–108. 156. National Heart L., and Blood Institute. Equally with a Meat-Based Diet and a 147. Cicero A.F., Fiorito A., Panourgia M.P., ‘‘Clinical Guidelines on Cholesterol Plant-Based Diet’’. Metabolism. Sangiorgi Z., Gaddi A. ‘‘Effects of a New Management in Adults (Atp Iii)—‘‘, NIH 1998;47:1308–1314. Publication No. 02–5215. 2002. 137. Chen S.T., Ferng S.H., Yang C.S., Peng Soy/Beta-Sitosterol Supplement on S.J., Lee H.R., Chen J.R. ‘‘Variable Effects Plasma Lipids in Moderately 157. James P.A., Oparil S., Carter B.L., of Soy Protein on Plasma Lipids in Hypercholesterolemic Subjects’’. Journal Cushman W.C., Dennison-Himmelfarb Hyperlipidemic and Normolipidemic of the Americian Dietetic Association. C., Handler J., Lackland D.T., LeFevre Hemodialysis Patients’’. American 2002;102:1807–1811. M.L., MacKenzie T.D., Ogedegbe O., Journal of Kidney Diseases. 148. Cicero A.F., Minardi M., Mirembe S., Smith S.C., Jr., Svetkey L.P., Taler S.J., 2005;46:1099–1106. Pedro E., Gaddi A. ‘‘Effects of a New Low Townsend R.R., Wright J.T., Jr., Narva 138. Azadbakht L., Shakerhosseini R., Atabak Dose Soy Protein/Beta-Sitosterol A.S., Ortiz E. ‘‘2014 Evidence-Based S., Jamshidian M., Mehrabi Y., Esmaill- Association on Plasma Lipid Levels and Guideline for the Management of High Zadeh A. ‘‘Beneficiary Effect of Dietary Oxidation’’. European Journal of Blood Pressure in Adults: Report from Soy Protein on Lowering Plasma Levels Nutrition. 2004;43:319–322. the Panel Members Appointed to the of Lipid and Improving Kidney Function 149. Lukaczer D., Liska D.J., Lerman R.H., Eighth Joint National Committee (Jnc 8)’’. in Type Ii Diabetes with Nephropathy’’. Darland G., Schiltz B., Tripp M., Bland Journal of the American Medical European Journal of Clinical Nutrition. J.S. ‘‘Effect of a Low Glycemic Index Diet Association. 2014;311:507–520. 2003;57:1292–1294. with Soy Protein and Phytosterols on 158. National Heart L.a.B.I. ‘‘Seventh Report 139. D’Amico G., Remuzzi G., Maschio G., Cvd Risk Factors in Postmenopausal of the Joint National Committee on Gentile M.G., Gotti E., Oldrizzi L., Women’’. Nutrition. 2006;22:104–113. Prevention, Detection, Evaluation and Manna G., Mecca G., Rugiu C., Fellin G. 150. Jenkins D.J., Kendall C.W., Marchie A., Treatment of High Blood Pressure’’, NIH ‘‘Effect of Dietary Proteins and Lipids in Faulkner D., Vidgen E., Lapsley K.G., Publication No. 03–5233. 2003. Patients with Membranous Nephropathy Trautwein E.A., Parker T.L., Josse R.G., 159. Carmignani L.O., Pedro A.O., da Costa- and Nephrotic Syndrome’’. Clinical Leiter L.A., Connelly P.W. ‘‘The Effect of Paiva L.H., Pinto-Neto A.M. ‘‘The Effect Nephrology. 1991;35:237–242. Combining Plant Sterols, Soy Protein, of Soy Dietary Supplement and Low 140. Liao F.H., Shieh M.J., Yang S.C., Lin Viscous Fibers, and Almonds in Treating Dose of Hormone Therapy on Main S.H., Chien Y.W. ‘‘Effectiveness of a Soy- Hypercholesterolemia’’. Metabolism. Cardiovascular Health Biomarkers: A Based Compared with a Traditional Low- 2003;52:1478–1483. Randomized Controlled Trial’’. Revista Calorie Diet on Weight Loss and Lipid 151. Jenkins D.J., Kendall C.W., Marchie A., Brasileira de Ginecologia e Obstetricia. Levels in Overweight Adults’’. Nutrition. Faulkner D.A., Wong J.M., de Souza R., 2014;36:251–258. 2007;23:551–556. Emam A., Parker T.L., Vidgen E., Lapsley 160. Liu Z.M., Ho S.C., Chen Y.M., Ho Y.P. 141. Li Z., Hong K., Saltsman P., DeShields K.G., Trautwein E.A., Josse R.G., Leiter ‘‘The Effects of Isoflavones Combined S., Bellman M., Thames G., Liu Y., Wang L.A., Connelly P.W. ‘‘Effects of a Dietary with Soy Protein on Lipid Profiles, C- H.J., Elashoff R., Heber D. ‘‘Long-Term Portfolio of Cholesterol-Lowering Foods Reactive Protein and Cardiovascular Risk Efficacy of Soy-Based Meal Vs Lovastatin on Serum Lipids and C- among Postmenopausal Chinese Replacements Vs an Individualized Diet Reactive Protein’’. Journal of the Women’’. Nutrition, Metabolism and Plan in Obese Type Ii Dm Patients: American Medical Association. Cardiovascular Diseases. 2012;22:712– Relative Effects on Weight Loss, 2003;290:502–510. 719. Metabolic Parameters, and C-Reactive 152. Jenkins D.J., Kendall C.W., Faulkner 161. Santo A.S., Cunningham A.M., Alhassan Protein’’. European Journal of Clinical D.A., Nguyen T., Kemp T., Marchie A., S., Browne R.W., Burton H., Leddy J.J., Nutrition. 2005;59:411–418. Wong J.M., de Souza R., Emam A., Grandjean P.W., Horvath S.M., Horvath
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P.J. ‘‘Nmr Analysis of Lipoprotein 172. Washburn S., Burke G.L., Morgan T., R.G. ‘‘Hypocholesterolemic Effect of Particle Size Does Not Increase Anthony M. ‘‘Effect of Soy Protein Vegetable Protein in a Hypocaloric Diet’’. Sensitivity to the Effect of Soy Protein on Supplementation on Serum Atherosclerosis. 1989;78:99–107. Cvd Risk When Compared with the Lipoproteins, Blood Pressure, and 183. Bosello O., Cominacini L., Zocca I., Traditional Lipid Profile’’. Applied Menopausal Symptoms in Garbin U., Compri R., Davoli A., Brunetti Physiology, Nutrition, and Metabolism. Perimenopausal Women’’. Menopause. L. ‘‘Short- and Long-Term Effects of 2008;33:489–500. 1999;6:7–13. Hypocaloric Diets Containing Proteins of 162. Evans M., Njike V.Y., Hoxley M., 173. Gooderham M.H., Adlercreutz H., Ojala Different Sources on Plasma Lipids and Pearson M., Katz D.L. ‘‘Effect of Soy S.T., Wahala K., Holub B.J. ‘‘A Soy Apoproteins of Obese Subjects’’. Annals Isoflavone Protein and Soy Lecithin on Protein Isolate Rich in Genistein and of Nutrition and Metabolism. Endothelial Function in Healthy Daidzein and Its Effects on Plasma 1988;32:206–214. Postmenopausal Women’’. Menopause. Isoflavone Concentrations, Platelet 184. Greany K.A., Nettleton J.A., Wangen 2007;14:141–149. Aggregation, Blood Lipids and Fatty K.E., Thomas W., Kurzer M.S. ‘‘Probiotic 163. Maesta N., Nahas E.A., Nahas-Neto J., Acid Composition of Plasma Consumption Does Not Enhance the Orsatti F.L., Fernandes C.E., Traiman P., Phospholipid in Normal Men’’. Journal Cholesterol-Lowering Effect of Soy in Burini R.C. ‘‘Effects of Soy Protein and of Nutrition. 1996;126:2000–2006. Postmenopausal Women’’. Journal of Resistance Exercise on Body 174. Mangano K.M., Hutchins-Wiese H.L., Nutrition. 2004;134:3277–3283. Composition and Blood Lipids in Kenny A.M., Walsh S.J., Abourizk R.H., 185. Wong W.W., Smith E.O., Stuff J.E., Postmenopausal Women’’. Maturitas. Bruno R.S., Lipcius R., Fall P., Hachey D.L., Heird W.C., Pownell H.J. 2007;56:350–358. Kleppinger A., Kenyon-Pesce L., ‘‘Cholesterol-Lowering Effect of Soy 164. Kohno M., Hirotsuka M., Kito M., Prestwood K.M., Kerstetter J.E. ‘‘Soy Protein in Normocholesterolemic and Matsuzawa Y. ‘‘Decreases in Serum Proteins and Isoflavones Reduce Hypercholesterolemic Men’’. American Triacylglycerol and Visceral Fat Interleukin-6 but Not Serum Lipids in Journal of Clinical Nutrition. Mediated by Dietary Soybean Beta- Older Women: A Randomized Controlled 1998;68:1385S–1389S. Conglycinin’’. Journal of Atherosclerosis Trial’’. Nutrition Research. 186. Goldberg A.P., Lim A., Kolar J.B., and Thrombosis. 2006;13:247–255. 2013;33:1026–1033. Grundhauser J.J., Steinke F.H., Schonfeld 165. McVeigh B.L., Dillingham B.L., Lampe 175. Steinberg F.M., Guthrie N.L., Villablanca G. ‘‘Soybean Protein Independently J.W., Duncan A.M. ‘‘Effect of Soy Protein A.C., Kumar K., Murray M.J. ‘‘Soy Lowers Plasma Cholesterol Levels in Varying in Isoflavone Content on Serum Protein with Isoflavones Has Favorable Primary Hypercholesterolemia’’. Lipids in Healthy Young Men’’. Effects on Endothelial Function That Are Atherosclerosis. 1982;43:355–368. American Journal of Clinical Nutrition. Independent of Lipid and Antioxidant 187. Hoie L.H., Guldstrand M., Sjoholm A., 2006;83:244–251. Effects in Healthy Postmenopausal Graubaum H.J., Gruenwald J., Zunft H.J., Women’’. American Journal of Clinical 166. Sagara M., Kanda T., NJelekera M., Lueder W. ‘‘Cholesterol-Lowering Effects Teramoto T., Armitage L., Birt N., Birt C., Nutrition. 2003;78:123–130. of a New Isolated Soy Protein with High Yamori Y. ‘‘Effects of Dietary Intake of 176. Bakhit R.M., Klein B.P., Essex-Sorlie D., Levels of Nondenaturated Protein in Soy Protein and Isoflavones on Ham J.O., Erdman J.W., Jr., Potter S.M. Hypercholesterolemic Patients’’. Cardiovascular Disease Risk Factors in ‘‘Intake of 25 G of Soybean Protein with Advances in Therapy. 2007;24:439–447. High Risk, Middle-Aged Men in or without Soybean Fiber Alters Plasma 188. Hoie L.H., Sjoholm A., Guldstrand M., Scotland’’. Journal of the American Lipids in Men with Elevated Cholesterol Zunft H.J., Lueder W., Graubaum H.J., College of Nutrition. 2004;23:85–91. Concentrations’’. Journal of Nutrition. 167. Teixeira S.R., Tappenden K.A., Carson 1994;124:213–222. Gruenwald J. ‘‘Ultra Heat Treatment L., Jones R., Prabhudesai M., Marshall 177. van Raaij J.M., Katan M.B., Hautvast J.G., Destroys Cholesterol-Lowering Effect of W.P., Erdman J.W., Jr. ‘‘Isolated Soy Hermus R.J. ‘‘Effects of Casein Versus Soy Protein’’. International Journal of Protein Consumption Reduces Urinary Soy Protein Diets on Serum Cholesterol Food Sciences and Nutrition. Albumin Excretion and Improves the and Lipoproteins in Young Healthy 2006;57:512–519. Serum Lipid Profile in Men with Type 2 Volunteers’’. American Journal of 189. Hoie L.H., Morgenstern E.C., Gruenwald Diabetes Mellitus and Nephropathy’’. Clinical Nutrition. 1981;34:1261–1271. J., Graubaum H.J., Busch R., Luder W., Journal of Nutrition. 2004;134:1874– 178. Takatsuka N., Nagata C., Kurisu Y., Zunft H.J. ‘‘A Double-Blind Placebo- 1880. Inaba S., Kawakami N., Shimizu H. Controlled Clinical Trial Compares the 168. Murray M.J., Meyer W.R., Lessey B.A., ‘‘Hypocholesterolemic Effect of Soymilk Cholesterol-Lowering Effects of Two Oi R.H., DeWire R.E., Fritz M.A. ‘‘Soy Supplementation with Usual Diet in Different Soy Protein Preparations in Protein Isolate with Isoflavones Does Not Premenopausal Normolipidemic Hypercholesterolemic Subjects’’. Prevent Estradiol-Induced Endometrial Japanese Women’’. Preventive Medicine. European Journal of Nutrition. Hyperplasia in Postmenopausal Women: 2000;31:308–314. 2005;44:65–71. A Pilot Trial’’. Menopause. 2003;10:456– 179. Mitchell J.H., Collins A.R. ‘‘Effects of a 190. Hoie L.H., Graubaum H.J., Harde A., 464. Soy Milk Supplement on Plasma Gruenwald J., Wernecke K.D. ‘‘Lipid- 169. Jayagopal V., Albertazzi P., Kilpatrick Cholesterol Levels and Oxidative DNA Lowering Effect of 2 Dosages of a Soy E.S., Howarth E.M., Jennings P.E., Damage in Men—a Pilot Study’’. Protein Supplement in Hepburn D.A., Atkin S.L. ‘‘Beneficial European Journal of Nutrition. Hypercholesterolemia’’. Advances in Effects of Soy Phytoestrogen Intake in 1999;38:143–148. Therapy. 2005;22:175–186. Postmenopausal Women with Type 2 180. Murkies A.L., Lombard C., Strauss B.J., 191. Teede H.J., Dalais F.S., Kotsopoulos D., Diabetes’’. Diabetes Care. 2002;25:1709– Wilcox G., Burger H.G., Morton M.S. McGrath B.P., Malan E., Gan T.E., 1714. ‘‘Dietary Flour Supplementation Peverill R.E. ‘‘Dietary Soy Containing 170. Teede H.J., Dalais F.S., Kotsopoulos D., Decreases Post-Menopausal Hot Flushes: Phytoestrogens Does Not Activate the Liang Y.L., Davis S., McGrath B.P. Effect of Soy and Wheat’’. Maturitas. Hemostatic System in Postmenopausal ‘‘Dietary Soy Has Both Beneficial and 1995;21:189–195. Women’’. Journal of Clinical Potentially Adverse Cardiovascular 181. Matthan N.R., Jalbert S.M., Ausman Endocrinology and Metabolism. Effects: A Placebo-Controlled Study in L.M., Kuvin J.T., Karas R.H., Lichtenstein 2005;90:1936–1941. Men and Postmenopausal Women’’. A.H. ‘‘Effect of Soy Protein from 192. Harrison R.A., Sagara M., Rajpura A., Journal of Clinical Endocrinology and Differently Processed Products on Armitage L., Birt N., Birt C.A., Yamori Y. Metabolism. 2001;86:3053–3060. Cardiovascular Disease Risk Factors and ‘‘Can Foods with Added Soya-Protein or 171. Dalais F.S., Ebeling P.R., Kotsopoulos Vascular Endothelial Function in Fish-Oil Reduce Risk Factors for D., McGrath B.P., Teede H.J. ‘‘The Effects Hypercholesterolemic Subjects’’. Coronary Disease? A Factorial of Soy Protein Containing Isoflavones on American Journal of Clinical Nutrition. Randomised Controlled Trial’’. Lipids and Indices of Bone Resorption in 2007;85:960–966. Nutrition, Metabolism and Postmenopausal Women’’. Clinical 182. Jenkins D.J., Wolever T.M., Spiller G., Cardiovascular Diseases. 2004;14:344– Endocrinology. 2003;58:704–709. Buckley G., Lam Y., Jenkins A.L., Josse 350.
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193. Blum A., Lang N., Vigder F., Israeli P., 203. Lichtenstein A.H., Jalbert S.M., Hypertension’’. Journal of Nutrition. Gumanovsky M., Lupovitz S., Elgazi A., Adlercreutz H., Goldin B.R., Rasmussen 2002;132:1900–1902. Peleg A., Ben-Ami M. ‘‘Effects of Soy H., Schaefer E.J., Ausman L.M. 214. Chan Y.H., Lau K.K., Yiu K.H., Li S.W., Protein on Endothelium-Dependent ‘‘Lipoprotein Response to Diets High in Chan H.T., Tam S., Shu X.O., Lau C.P., Vasodilatation and Lipid Profile in Soy or Animal Protein with and without Tse H.F. ‘‘Isoflavone Intake in Persons at Postmenopausal Women with Mild Isoflavones in Moderately High Risk of Cardiovascular Events: Hypercholesterolemia’’. Clinical Hypercholesterolemic Subjects’’. Implications for Vascular Endothelial Investigative Medicine. 2003;26:20–26. Arteriosclerosis, Thrombosis, and Function and the Carotid Atherosclerotic 194. Cuevas A.M., Irribarra V.L., Castillo Vascular Biology. 2002;22:1852–1858. Burden’’. American Journal of Clinical O.A., Yanez M.D., Germain A.M. 204. Wang Y., Jones P.J., Ausman L.M., Nutrition. 2007;86:938–945. ‘‘Isolated Soy Protein Improves Lichtenstein A.H. ‘‘Soy Protein Reduces 215. Ho S.C., Woo J.L., Leung S.S., Sham Endothelial Function in Postmenopausal Triglyceride Levels and Triglyceride A.L., Lam T.H., Janus E.D. ‘‘Intake of Soy Hypercholesterolemic Women’’. Fatty Acid Fractional Synthesis Rate in Products Is Associated with Better European Journal of Clinical Nutrition. Hypercholesterolemic Subjects’’. Plasma Lipid Profiles in the Hong Kong 2003;57:889–894. Atherosclerosis. 2004;173:269–275. Chinese Population’’. Journal of 195. Gardner C.D., Newell K.A., Cherin R., 205. Desroches S., Mauger J.F., Ausman L.M., Nutrition. 2000;130:2590–2593. Haskell W.L. ‘‘The Effect of Soy Protein Lichtenstein A.H., Lamarche B. ‘‘Soy 216. Ho S.Y., Schooling M., Hui L.L., with or without Isoflavones Relative to Protein Favorably Affects Ldl Size McGhee S.M., Mak K.H., Lam T.H. ‘‘Soy Milk Protein on Plasma Lipids in Independently of Isoflavones in Consumption and Mortality in Hong Hypercholesterolemic Postmenopausal Hypercholesterolemic Men and Kong: Proxy-Reported Case-Control Women’’. American Journal of Clinical Women’’. Journal of Nutrition. Study of All Older Adult Deaths in Nutrition. 2001;73:728–735. 2004;134:574–579. 1998’’. Preventive Medicine. 2006;43:20– 196. Hori G., Wang M.F., Chan Y.C., Komatsu 206. Van H.L., Liu K., Gerber J., Garside D., 26. T., Wong Y., Chen T.H., Yamamoto K., Schiffer L., Gernhofer N., Greenland P. 217. Kokubo Y., Iso H., Ishihara J., Okada K., Nagaoka S., Yamamoto S. ‘‘Soy Protein ‘‘Oats and Soy in Lipid-Lowering Diets Inoue M., Tsugane S., Group J.S. Hydrolyzate with Bound Phospholipids for Women with Hypercholesterolemia: ‘‘Association of Dietary Intake of Soy, Reduces Serum Cholesterol Levels in Is There Synergy?’’. Journal of the Beans, and Isoflavones with Risk of Hypercholesterolemic Adult Male American Dietetic Association. Cerebral and Myocardial Infarctions in Volunteers’’. Bioscience, Biotechnology, 2001;101:1319–1325. Japanese Populations: The Japan Public and Biochemistry. 2001;65:72–78. 207. Gardner C.D., Messina M., Kiazand A., Health Center-Based (Jphc) Study Cohort 197. Chen S.T., Chen J.R., Yang C.S., Peng Morris J.L., Franke A.A. ‘‘Effect of Two I’’. Circulation. 2007;116:2553–2562. S.J., Ferng S.H. ‘‘Effect of Soya Protein Types of Soy Milk and Dairy Milk on 218. Nagata C., Shimizu H., Takami R., on Serum Lipid Profile and Lipoprotein Plasma Lipids in Hypercholesterolemic Hayashi M., Takeda N., Yasuda K. ‘‘Soy Concentrations in Patients Undergoing Adults: A Randomized Trial’’. Journal of Product Intake Is Inversely Associated Hypercholesterolaemic Haemodialysis’’. the American College of Nutrition. with Serum Homocysteine Level in British Journal of Nutrition. 2007;26:669–677. Premenopausal Japanese Women’’. 2006;95:366–371. 208. Jenkins D.J., Kendall C.W., Vidgen E., Journal of Nutrition. 2003;133:797–800. 198. Ma Y., Chiriboga D., Olendzki B.C., Vuksan V., Jackson C.J., Augustin L.S., 219. Nagata C., Takatsuka N., Kurisu Y., Nicolosi R., Merriam P.A., Ockene I.S. Shimizu H. ‘‘Decreased Serum Total ‘‘Effect of Soy Protein Containing Lee B., Garsetti M., Agarwal S., Rao A.V., Isoflavones on Blood Lipids in Cagampang G.B., Fulgoni V., III. ‘‘Effect Cholesterol Concentration Is Associated Moderately Hypercholesterolemic of Soy-Based Breakfast Cereal on Blood with High Intake of Soy Products in Adults: A Randomized Controlled Trial’’. Lipids and Oxidized Low-Density Japanese Men and Women’’. Journal of Journal of the American College of Lipoprotein’’. Metabolism. Nutrition. 1998;128:209–213. Nutrition. 2005;24:275–285. 2000;49:1496–1500. 220. Rosell M.S., Appleby P.N., Spencer E.A., 199. West S.G., Hilpert K.F., Juturu V., Bordi 209. Teede H.J., Giannopoulos D., Dalais F.S., Key T.J. ‘‘Soy Intake and Blood P.L., Lampe J.W., Mousa S.A., Kris- Hodgson J., McGrath B.P. ‘‘Randomised, Cholesterol Concentrations: A Cross- Etherton P.M. ‘‘Effects of Including Soy Controlled, Cross-over Trial of Soy Sectional Study of 1033 Pre- and Protein in a Blood Cholesterol-Lowering Protein with Isoflavones on Blood Postmenopausal Women in the Oxford Diet on Markers of Cardiac Risk in Men Pressure and Arterial Function in Arm of the European Prospective and in Postmenopausal Women with and Hypertensive Subjects’’. Journal of the Investigation into Cancer and Nutrition’’. without Hormone Replacement American College of Nutrition. American Journal of Clinical Nutrition. Therapy’’. Journal of Womens Health. 2006;25:533–540. 2004;80:1391–1396. 2005;14:253–262. 210. Burke V., Hodgson J.M., Beilin L.J., 221. Sasazuki S., Fukuoka Heart Study G. 200. Hilpert K.F., Kris-Etherton P.M., West Giangiulioi N., Rogers P., Puddey I.B. ‘‘Case-Control Study of Nonfatal S.G. ‘‘Lipid Response to a Low-Fat Diet ‘‘Dietary Protein and Soluble Fiber Myocardial Infarction in Relation to with or without Soy Is Modified by C- Reduce Ambulatory Blood Pressure in Selected Foods in Japanese Men and Reactive Protein Status in Moderately Treated Hypertensives’’. Hypertension. Women’’. Jpn Circ J. 2001;65:200–206. Hypercholesterolemic Adults’’. Journal 2001;38:821–826. 222. Yang G., Shu X.O., Jin F., Zhang X., Li of Nutrition. 2005;135:1075–1079. 211. Jenkins D.J., Kendall C.W., Faulkner H.L., Li Q., Gao Y.T., Zheng W. 201. Jenkins D.J., Kendall C.W., Jackson C.J., D.A., Kemp T., Marchie A., Nguyen T.H., ‘‘Longitudinal Study of Soy Food Intake Connelly P.W., Parker T., Faulkner D., Wong J.M., de Souza R., Emam A., and Blood Pressure among Middle-Aged Vidgen E., Cunnane S.C., Leiter L.A., Vidgen E., Trautwein E.A., Lapsley K.G., and Elderly Chinese Women’’. American Josse R.G. ‘‘Effects of High- and Low- Josse R.G., Leiter L.A., Singer W. ‘‘Long- Journal of Clinical Nutrition. Isoflavone Soyfoods on Blood Lipids, Term Effects of a Plant-Based Dietary 2005;81:1012–1017. Oxidized Ldl, Homocysteine, and Blood Portfolio of Cholesterol-Lowering Foods 223. Zhang B., Chen Y.M., Huang L.L., Zhou Pressure in Hyperlipidemic Men and on Blood Pressure’’. European Journal of X.X., Chen C.G., Ye Y.B., Su Y.X. Women’’. American Journal of Clinical Clinical Nutrition. 2008;62:781–788. ‘‘Greater Habitual Soyfood Consumption Nutrition. 2002;76:365–372. 212. He J., Gu D., Wu X., Chen J., Duan X., Is Associated with Decreased Carotid 202. Jenkins D.J., Kendall C.W., Connelly Chen J., Whelton P.K. ‘‘Effect of Soybean Intima-Media Thickness and Better P.W., Jackson C.J., Parker T., Faulkner D., Protein on Blood Pressure: A Plasma Lipids in Chinese Middle-Aged Vidgen E. ‘‘Effects of High- and Low- Randomized, Controlled Trial’’. Annals Adults’’. Atherosclerosis. 2008;198:403– Isoflavone (Phytoestrogen) Soy Foods on of Internal Medicine. 2005;143:1–9. 411. Inflammatory Biomarkers and 213. Rivas M., Garay R.P., Escanero J.F., Cia 224. Zhang X., Shu X.O., Gao Y.T., Yang G., Proinflammatory Cytokines in Middle- P., Jr., Cia P., Alda J.O. ‘‘Soy Milk Lowers Li Q., Li H., Jin F., Zheng W. ‘‘Soy Food Aged Men and Women’’. Metabolism. Blood Pressure in Men and Women with Consumption Is Associated with Lower 2002;51:919–924. Mild to Moderate Essential Risk of Coronary Heart Disease in
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Chinese Women’’. Journal of Nutrition. POSTAL SERVICE 553(b), (c)) regarding proposed 2003;133:2874–2878. rulemaking by 39 U.S.C. 410(a), we 225. Flegal K.M. ‘‘Evaluating Epidemiologic 39 CFR Part 111 invite public comments on the Evidence of the Effects of Food and following proposed revisions to Mailing Nutrient Exposures’’. American Journal eInduction Option, Seamless Standards of the United States Postal of Clinical Nutrition. 1999;69:1339S– Acceptance Program, and Full-Service Service, Domestic Mail Manual (DMM), 1344S. Automation Option, Verification incorporated by reference in the Code of 226. Lichtenstein A.H., Russell R.M. Standards Federal Regulations. See 39 CFR 111.1. ‘‘Essential Nutrients: Food or AGENCY: Postal ServiceTM. Accordingly, 39 CFR part 111 is Supplements? Where Should the proposed to be amended as follows: Emphasis Be?’’. Journal of the American ACTION: Proposed rule. Medical Association. 2005;294:351–358. PART 111—[AMENDED] SUMMARY: The Postal Service is 227. Peto R., Doll R., Buckley J.D., Sporn proposing to amend Mailing Standards M.B. ‘‘Can Dietary Beta-Carotene ■ 1. The authority citation for 39 CFR of the United States Postal Service, Materially Reduce Human Cancer part 111 continues to read as follows: Domestic Mail Manual (DMM®), Rates?’’. Nature. 1981;290:201–208. sections 705.20, eInduction Option, Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 228. ‘‘The Effect of Vitamin E and Beta 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, Carotene on the Incidence of Lung 705.22, Seamless Acceptance Program, 401, 403, 404, 414, 416, 3001–3011, 3201– Cancer and Other Cancers in Male and 705.23, Full-Service Automation 3219, 3403–3406, 3621, 3622, 3626, 3632, Smokers. The Alpha-Tocopherol, Beta Option, to add the verification 3633, and 5001. standards. Carotene Cancer Prevention Study ■ 2. Revise the following sections of Group’’. New England Journal of DATES: Submit comments on or before Mailing Standards of the United States Medicine. 1994;330:1029–1035. November 30, 2017. Postal Service, Domestic Mail Manual 229. Omenn G.S., Goodman G.E., Thornquist ADDRESSES: Mail or deliver written (DMM), as follows: M.D., Balmes J., Cullen M.R., Glass A., comments to the manager, Product Mailing Standards of the United States Keogh J.P., Meyskens F.L., Valanis B., Classification, U.S. Postal Service, 475 Williams J.H., Barnhart S., Hammar S. Postal Service, Domestic Mail Manual L’Enfant Plaza SW., Room 4446, (DMM) ‘‘Effects of a Combination of Beta Washington, DC 20260–5015. If sending Carotene and Vitamin a on Lung Cancer comments by email, include the name * * * * * and Cardiovascular Disease’’. New and address of the commenter and send 700 Special Standards England Journal of Medicine. to [email protected], with 1996;334:1150–1155. a subject line of ‘‘Verification * * * * * 230. Food and Drug Administration, ‘‘Tables Standards’’. Faxed comments are not of Scientific Evidence Regarding the 705 Advanced Preparation and accepted. You may inspect and Relationship Between Soy Protein and Special Postage Payment Systems photocopy all written comments, by CHD’’ appointment only, at USPS® * * * * * List of Subjects in 21 CFR Part 101 Headquarters Library, 475 L’Enfant 705.20.0 eInduction Option Plaza SW., 11th Floor North, 20.1 Description Food labeling, Nutrition, Reporting Washington, DC 20260. These records and recordkeeping requirements. are available for review on Monday [Revise the fourth sentence of 20.1 to read as follows:] Therefore, under the Federal Food, through Friday, 9 a.m.–4 p.m., by calling 202–268–2906. * * * For additional information on Drug, and Cosmetic Act and under the eInduction Option see Publication FOR FURTHER INFORMATION CONTACT: authority delegated to the Commissioner 6850, Publication for Streamlined Mail Heather Dyer at (207) 482–7217, or of Food and Drugs, it is proposed that Acceptance for Letters and Flats, Garry Rodriguez at (202) 268–7281. 21 CFR part 101 be amended as follows: available at https://postalpro.usps.com. SUPPLEMENTARY INFORMATION: The Postal PART 101—FOOD LABELING * * * * * Service is proposing to amend DMM [Add new subsection 20.5, sections 705.20, eInduction Option, Verifications, to read as follows:] ■ 1. The authority citation for part 101 705.22, Seamless Acceptance Program, continues to read as follows: and 705.23, Full-Service Automation 20.5 Verifications Option, to add the applicable Authority: 15 U.S.C. 1453, 1454, 1455; 21 The six eInduction option verification verification descriptions, error U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. descriptions, error thresholds, and thresholds, and postage assessments, 243, 264, 271. postage assessments, are provided in standards. These standards have been 20.5.1 through 20.5.6. § 101.82 [Removed] made available to the public via Publication 6850, Publication for 20.5.1 Undocumented (Extra) ■ 2. Remove § 101.82. Streamlined Mail Acceptance for Letters Containers Verification Dated: October 26, 2017. and Flats, available at https:// An Undocumented Container error Anna K. Abram, postalpro.usps.com, which also occurs when a scanned IMcb is not Deputy Commissioner for Policy, Planning, contains additional information on the found in an eDoc, or is included in an Legislation, and Analysis. verification processes. eDoc and associated to a postage statement in estimated (EST) status. [FR Doc. 2017–23629 Filed 10–30–17; 8:45 am] List of Subjects in 39 CFR Part 111 Containers will be flagged as BILLING CODE 4164–01–P Administrative practice and Undocumented 10 days after the scan procedure, Postal Service. unload date/time if no eDoc has been Although we are exempt from the uploaded or if the postage statement is notice and comment requirements of the still in EST status. The threshold is 0%. Administrative Procedure Act (5 U.S.C. All errors will be subject to an
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assessment amount of the average 20.5.5 Zone Discount Verification 22.4 Verifications postage paid for each container mailed Pieces claiming a Zone Discount must The five seamless acceptance program by the eDoc submitter CRID over the verification descriptions, error current invoice period to the eDoc be entered at the valid facility. The error threshold is 0.01%. Zone Discount thresholds, and postage assessments, are submitter CRID or CRID tied to the MID provided in 22.4.1 through 22.4.5. contained within the IMcb. errors are logged when the Zone Discount claimed in the eDoc is a lower 22.4.1 Undocumented (Piece) 20.5.2 Payment Verification entry zone than the zone calculated Verification All containers must be linked to a between the location where the An Undocumented error is logged finalized postage statement in container was entered, and the eDoc when the IMb gathered during sampling eInduction to verify payment. The error destination. Errors above the threshold or MPE scan cannot be linked to any threshold is 0%. Payment verification are subject to an assessment amount eDoc submitted within the last 45 days. errors are logged when a scanned and equal to the difference between the eDoc The error threshold is 0.3%. Pieces accepted eInduction container is postage claimed, and the correct postage above the error threshold will be subject associated with a postage statement that amount for the container. For containers to an assessment amount equal to the is not in FIN or FPP status at the time claiming a non-numeric Zone Discount average piece rate by mail class and of scanning. Containers above the error in the eDoc, correct postage amount is CRID for the assessment month. threshold will be subject to an calculated using the piece rate for the assessment amount equal to the Entry Discount that is valid at the actual 22.4.2 Delivery Point Verification containers eDoc postage amount as entry point for the mail class, shape, A valid delivery point must be indicated on the non-finalized postage weight, mail prep, and presort identified provided in the piece IMb. The error statements. For payment errors logged in the eDoc. For Zone Discount errors threshold is 2%. Delivery Point errors on physical siblings of logical logged against physical siblings of are logged when the delivery point containers, the full postage of the logical logical containers, postage is provided in the eDoc is either not valid, container is charged to the first physical recalculated on the logical container, or contains a generic +4 information sibling container scanned. Any and divided by the number of physical with an address record type that is not additional scans among other physical siblings. This amount is then applied to General Delivery. Errors above the siblings will log errors, but will not each physical sibling in error to the threshold are subject to an assessment result in an additional charge. eDoc submitter CRID. amount equal to difference between the Assessments will be logged against the 20.5.6 Entry Point Discount (EPD) eDoc piece postage and correct postage eDoc submitter CRID. amount. Verification 20.5.3 Duplicate Verification 22.4.3 Nesting/Sortation (MPE) eInduction pieces are required to be Verification eInduction requires IMcbs to remain entered at a valid facility when claiming unique for 45 days. The error threshold a destination entry discount. The error A Nesting/Sortation error is logged is 0.17%. Duplicate errors are logged threshold is 0.5%. EPD errors are logged when the piece scanned is nested in a when an IMcb is scanned and accepted when one or more pieces on a container different tray or bundle than the tray or during more than one FAST claim an entry discount level that is not bundle that was identified in the eDoc. appointment in the previous 45 days. available at the location where the The error threshold is 1%. Errors above Though a duplicate error will not be container was entered. Errors above this threshold are subject to an logged if the duplicate scan takes place threshold are subject to an assessment assessment amount equal to the within 5 hours of the original scan. amount equal to the difference between difference between the eDoc piece Errors above the threshold are subject to the eDoc postage claimed and the postage and the correct postage amount. an assessment amount equal to the correct postage amount for the 22.4.4 General Postage Adjustment average postage paid for each container container. For EPD errors logged against Factor Verification mailed by the eDoc submitter CRID over physical siblings of logical containers, the invoice period. The Postage Adjustment Factor (PAF) postage is recalculated on the logical is a method to apply an error rate 20.5.4 Misshipped Verification container, and divided by the number of determined from handheld scanner Containers claiming a destination physical siblings. This amount is then samplings to the entire population of entry discount must be delivered to the applied to each physical sibling in error mailings within a calendar month. PAF correct entry locations per the active to the eDoc submitter CRID. is calculated on a monthly basis and version of the Mail Direction File. The * * * * * measures the difference between the error threshold is 1.05%. Misshipped 705.22.0 Seamless Acceptance correct postage and the postage paid, errors are logged when the container is Program expressed as a ratio of the correct scanned at an incorrect entry location, postage due to the sum of eDoc postage per the Mail Direction File. Errors over 22.1 Description for the sampled pieces. General PAF is the threshold are subject to an [Revise the second sentence of 22.1 to used for errors in postage and weight assessment amount equal to the read as follows:] verifications. The General PAF difference between the eDoc postage threshold is 1.05. A mailer will only be claimed, and the correct postage amount * * * For additional information, on subject to an assessment when the eDoc for the container. For misshipped errors the Seamless Acceptance Program see submitter has exceeded the PAF logged against physical siblings of Publication 6850, Publication for threshold in the current billing month logical containers, postage is Streamlined Mail Acceptance for Letters and three or more times in the previous recalculated on the logical container, and Flats, available at https:// 11 billing months. The General PAF is and divided by the number of physical postalpro.usps.com. applied to the total monthly eDoc siblings. This amount is then applied to * * * * * postage for the eDoc submitter and each physical sibling in error to the [Add new subsection 22.4, assessments are issued to the eDoc eDoc submitter CRID. Verifications, to read as follows:] submitter.
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22.4.5 Mail Characteristic Postage a valid Mail Preparer is not identified, ENVIRONMENTAL PROTECTION Adjustment Factor Verification a valid Mail Owner is not identified, AGENCY The Mail Characteristic, Postage Mail Preparer is incorrectly recorded as 40 CFR Part 261 Adjustment Factor (PAF), is used for the Mail Owner, or the Mail Owner is errors in the processing category, mail incorrectly identified as the Mail [EPA–R06–RCRA–2017–0556; FRL–9970– class, nonprofit eligibility and content. Preparer. Errors above the threshold are 10-Region 6] The threshold is 1.05. A mailer will subject to an assessment amount equal only be subject to an assessment when to the removal of the full-service Hazardous Waste Management the eDoc submitter has exceeded the discount claimed for each piece in error System; Identification and Listing of Hazardous Waste Mail Characteristic PAF threshold in the above the threshold. current billing month and three or more AGENCY: Environmental Protection 23.6.4 Barcode Uniqueness times in the previous 11 billing months. Agency (EPA). Verification The Mail Characteristic PAF is applied ACTION: Proposed rule. at the eDoc Submitter CRID level and is Barcode uniqueness is met when a SUMMARY: The Environmental Protection calculated using the adjusted and eDoc barcode is unique across all mailers and postage attributed to the Mail Owner. Agency (EPA) is proposing to grant a mailings for 45 days. The error * * * * * petition submitted by Blanchard threshold is 2%. Errors occur when the Refining Company LLC—(Blanchard) to 705.23.0 Full-Service Automation IMcb, IMtb or IMb is not unique across exclude (or delist) the residual solids Option all mailings from all mailers over the generated from the reclamation of oil previous 45 days of the postage 23.1 Description bearing hazardous secondary materials statement mailing date that was (OBSMs) on-site at Blanchard’s [Revise the second sentence of 23.1 to provided in the eDoc. Errors above the Galveston Bay Refinery (GBR), located read as follows:] threshold are subject to an assessment in Texas City, Texas from the lists of * * * For additional information on equal to the removal of the full-service hazardous wastes. EPA used the the full-service automation option see discount claimed for each piece in error Delisting Risk Assessment Software Publication 6850, Publication for above the threshold. (DRAS) Version 3.0.35 in the evaluation Streamlined Mail Acceptance for Letters of the impact of the petitioned waste on and Flats, available on PostalPro at 23.6.5 Entry Facility Verification human health and the environment. http://postalpro.usps.com. DATES: We will accept comments until * * * * * The entry facility location must be identified in the eDoc by a Locale Key November 30, 2017. We will stamp [Add new subsection 23.6, comments received after the close of the Verifications, to read as follows:] or ZIP Code. The error threshold is 2%. Errors above the threshold are subject to comment period as late. These late comments may or may not be 23.6 Verifications an assessment amount of the full-service considered in formulating a final The six full-service verification discount claimed for each piece in error decision. Your requests for a hearing descriptions, error thresholds, and above the threshold. must reach EPA by November 15, 2017. postage assessments, are provided in 23.6.6 Unlinked Copal Verification The request must contain the 23.6.1 through 23.6.6. information prescribed in 40 CFR 23.6.1 Mailer Identification (MID) Mailings that will be copalletized 260.20(d) (hereinafter all CFR cites refer Verification must be identified in the original eDoc to 40 CFR unless otherwise stated). The MID is a code used for submission and properly documented ADDRESSES: Submit your comments, identification of mail’s responsible within 14 days of the mailing date to identified by Docket ID No. EPA–R06– party. A valid MID is one that is link trays or sacks to the container. The RCRA–2017–0556, at http:// registered within the Postal Service error threshold is 5%. Errors above the www.regulations.gov. Follow the online systems and provided in the eDoc. The threshold are subject to an assessment instructions for submitting comments. error threshold is 2%. Errors over the amount equal to the full-service Once submitted, comments cannot be threshold will be subject to an discount claimed. edited or removed from Regulations.gov. assessment amount equal to the removal * * * * * The EPA may publish any comment received to its public docket. Do not of the full-service discount claimed for If the proposal is adopted, we will each piece in error above the threshold. submit electronically any information publish an appropriate amendment to you consider to be Confidential 23.6.2 Service Type ID (STID) 39 CFR part 111 to reflect these changes. Business Information (CBI) or other Verification Stanley F. Mires, information whose disclosure is restricted by statute. Multimedia The STID is a three-digit code Attorney, Federal Compliance. included in the IMb for a mailpiece to submissions (audio, video, etc.) must be provide mail class and service level. [FR Doc. 2017–23615 Filed 10–30–17; 8:45 am] accompanied by a written comment. The error threshold is 2%. Errors over BILLING CODE 7710–12–P The written comment is considered the the threshold will be subject to an official comment and should include assessment amount equal to the removal discussion of all points you wish to of the full-service discount claimed for make. The EPA will generally not each piece in error above the threshold. consider comments or comment contents located outside of the primary 23.6.3 By/For Verification submission (i.e. on the web, cloud, or The By/For relationship recognizes other file sharing system). For the Mail Owner and Mail Service additional submission methods, the full Provider in the eDoc. The error EPA public comment policy, threshold is 5%. An error occurs when information about CBI or multimedia
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submissions, and general guidance on D. What were the results of Blanchard’s evaluated the waste with respect to making effective comments, please visit sample analysis? other factors or criteria to assess https://www2.epa.gov/dockets/ E. How did EPA evaluate the risk of whether there is a reasonable basis to commenting-epa-dockets. delisting this waste? believe that such additional factors F. What did EPA conclude about FOR FURTHER INFORMATION CONTACT: For Blanchard’s analysis? could cause the waste to be hazardous. technical information regarding the G. What other factors did EPA consider in EPA considered whether the waste is Blanchard Refinery petition, contact its evaluation? acutely toxic, the concentration of the Michelle Peace at 214–665–7430 or by H. What is EPA’s evaluation of this constituents in the waste, their tendency email at [email protected]. delisting petition? to migrate and to bioaccumulate, their Your requests for a hearing must IV. Next Steps persistence in the environment once reach EPA by November 15, 2017. The A. With what conditions must the released from the waste, plausible and request must contain the information petitioner comply? specific types of management of the described in 40 CFR 260.20(d). B. What happens if Blanchard violates the petitioned waste, the quantities of waste terms and conditions? SUPPLEMENTARY INFORMATION: Blanchard V. Public Comments generated, and waste variability. EPA submitted a petition under 40 CFR A. How can I as an interested party submit believes that the petitioned waste does 260.20 and 260.22(a). Section 260.20 comments? not meet the listing criteria and thus allows any person to petition the B. How may I review the docket or obtain should not be a listed waste. EPA’s Administrator to modify or revoke any copies of the proposed exclusions? proposed decision to delist waste from provision of parts 260 through 266, 268 VI. Statutory and Executive Order Reviews Blanchard is based on the information and 273. Section 260.22(a) specifically I. Overview Information submitted in support of this rule, provides generators the opportunity to including descriptions of the wastes and petition the Administrator to exclude a A. What action is EPA proposing? analytical data resulting from waste on a ‘‘generator specific’’ basis EPA is proposing to approve the Blanchard’s delisting demonstration from the hazardous waste lists. EPA delisting petition submitted by conducted on the petitioned waste. bases its proposed decision to grant the Blanchard to have the residual solids C. How will Blanchard manage the petition on an evaluation of waste- excluded, or delisted from the definition waste if it is delisted? specific information provided by the of a hazardous waste. The residual petitioner. This decision, if finalized, solids are listed as F037. Blanchard’s If the residual solids are delisted, would conditionally exclude the residual solids are listed as a hazardous contingent upon approval of the petitioned waste from the requirements waste, based on the potential presence delisting petition, storage containers of hazardous waste regulations under of Appendix VII inorganic constituents with Blanchard’s delisted residual the Resource Conservation and of concern, lead and chromium, and solids will be transported to an Recovery Act (RCRA). Appendix VII organic constituents of authorized, solid waste landfill (e.g. If finalized, EPA would conclude that concern benzene, benzo(a)pyrene and RCRA Subtitle D landfill, commercial/ Blanchard’s petitioned waste is non- chrysene. industrial solid waste landfill, etc.) for hazardous with respect to the original disposal. Any plans for recycling must listing criteria. EPA would also B. Why is EPA proposing to approve this be addressed through the Hazardous conclude that Blanchard’s reclamation delisting? Waste Recycling regulations. process minimizes short-term and long- Blanchard’s petition requests an D. When would the proposed delisting term threats from the petitioned waste exclusion from the F037 waste listing exclusion be finalized? to human health and the environment. pursuant to 40 CFR 260.20 and 260.22. RCRA section 3001(f) specifically Table of Contents Blanchard does not believe that the petitioned waste meets the criteria for requires EPA to provide a notice and an The information in this section is which EPA listed it. Blanchard also opportunity for comment before organized as follows: believes no additional constituents or granting or denying a final exclusion. I. Overview Information factors could cause the waste to be Thus, EPA will not grant the exclusion A. What action is EPA proposing? hazardous. EPA’s review of this petition until it addresses all timely public B. Why is EPA proposing to approve this included consideration of the original comments (including those at public delisting? hearings, if any) on this proposal. C. How will Blanchard manage the waste listing criteria and the additional factors if it is delisted? required by the Hazardous and Solid RCRA section 3010(b)(1) at 42 USCA D. When would the proposed delisting Waste Amendments of 1984 (HSWA). 6930(b)(1), allows rules to become exclusion be finalized? See section 3001(f) of RCRA, 42 U.S.C. effective in less than six months when E. How would this action affect the states? 6921(f), and 40 CFR 260.22 (d)(1)–(4) the regulated facility does not need the II. Background (hereinafter all sectional references are six-month period to come into A. What is the history of the delisting to 40 CFR unless otherwise indicated). compliance. That is the case here, program? because this rule, if finalized, would B. What is a delisting petition, and what In making the initial delisting does it require of a petitioner? determination, EPA evaluated the reduce the existing requirements for C. What factors must EPA consider in petitioned waste against the listing persons generating hazardous wastes. deciding whether to grant a delisting criteria and factors cited in EPA believes that this exclusion petition? §§ 261.11(a)(2) and (a)(3). Based on this should be effective immediately upon III. EPA’s Evaluation of the Waste review, EPA agrees with the petitioner final publication because a six-month Information and Data that the waste is non-hazardous with deadline is not necessary to achieve the A. What wastes did Blanchard petition respect to the original listing criteria. If purpose of section 3010(b), and a later EPA to delist? effective date would impose B. Who is Blanchard and what process EPA had found, based on this review, does it use to generate the petitioned that the waste remained hazardous unnecessary hardship and expense on waste? based on the factors for which the waste this petitioner. These reasons also C. How did Blanchard sample and analyze was originally listed, EPA would have provide good cause for making this rule the data in this petition? proposed to deny the petition. EPA effective immediately, upon final
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publication, under the Administrative under § 261.3(a)(2)(iv) or (c)(2)(i), hazardous wastes and wastes derived Procedure Act, 5 U.S.C. 553(d). known as the ‘‘mixture’’ or ‘‘derived- from treating, storing, or disposing of from’’ rules, respectively. listed hazardous waste. See E. How would this action affect the Individual waste streams may vary, § 261.3(a)(2)(iii and iv) and (c)(2)(i), states? however, depending on raw materials, called the ‘‘mixture’’ and ‘‘derived- Because EPA is issuing this exclusion industrial processes, and other factors. from’’ rules, respectively. These wastes under the Federal RCRA delisting Thus, while a waste described in these are also eligible for exclusion and program, only states subject to Federal regulations or resulting from the remain hazardous wastes until RCRA delisting provisions would be operation of the mixture or derived-from excluded. See 66 FR 27266 (May 16, affected. This would exclude states rules generally is hazardous, a specific 2001). which have received authorization from waste from an individual facility may EPA to make their own delisting not be hazardous. III. EPA’s Evaluation of the Waste decisions. For this reason, 40 CFR 260.20 and Information and Data EPA allows states to impose their own 260.22 provide an exclusion procedure, A. What wastes did Blanchard petition non-RCRA regulatory requirements that called delisting, which allows persons EPA to Delist? are more stringent than EPA’s, under to prove that EPA should not regulate a In June 2017, Blanchard petitioned section 3009 of RCRA, 42 U.S.C. 6929. specific waste from a particular EPA to exclude from the lists of These more stringent requirements may generating facility as a hazardous waste. hazardous wastes contained in include a provision that prohibits a B. What is a delisting petition, and what §§ 261.31 and 261.32, residual solids Federally issued exclusion from taking does it require of a petitioner? (F037) generated during reclamation effect in the state. Because a dual system activities conducted at its GBR facility (that is, both Federal (RCRA) and state A delisting petition is a request from located in Texas City, Texas. The waste (non-RCRA) programs) may regulate a a facility to EPA or an authorized state falls under the classification of listed petitioner’s waste, EPA urges petitioners to exclude wastes from the list of waste pursuant to §§ 261.31 and 261.32. to contact the state regulatory authority hazardous wastes. The facility petitions Specifically, in its petition, Blanchard to establish the status of their wastes EPA because it does not consider the requested that EPA grant a conditional under the state law. wastes hazardous under RCRA exclusion for the annual generation EPA has also authorized some states regulations. volume of 20,000 cubic yards of F037 (for example, Louisiana, Oklahoma, In a delisting petition, the petitioner residual solids. Georgia, Illinois) to administer a RCRA must show that wastes generated at a delisting program in place of the Federal particular facility do not meet any of the B. Who is Blanchard and what process program, that is, to make state delisting criteria for which the waste was listed. does it use to generate the petitioned decisions. Therefore, this exclusion The criteria for which EPA lists a waste waste? are in part 261 and further explained in does not apply in those authorized Blanchard owns and operates the GBR states unless that state makes the rule the background documents for the listed waste. facility, located in Texas City, Galveston part of its authorized program. If County, Texas. Blanchard is a wholly- Blanchard transports the delisted waste In addition, under 40 CFR 260.22, a petitioner must prove that the waste owned subsidiary of Marathon to or manages the delisted waste in any Petroleum Company LP. Blanchard’s state with delisting authorization, does not exhibit any of the hazardous waste characteristics (that is, demonstration evaluated representative Blanchard must obtain delisting samples of its residual solids resulting authorization from that state before it ignitability, reactivity, corrosivity, and toxicity) and present sufficient from the indirect thermal desorption can manage the delisted waste as non- reclamation of OBSMs managed on-site hazardous in the state. information for EPA to decide whether factors other than those for which the at Blanchard’s GBR facility. OBSMs II. Background waste was listed warrant retaining it as managed on-site at Blanchard’s GBR a hazardous waste. (See part 261 and the facility result from separate A. What is the history of the delisting management practices within GBR’s program? background documents for the listed waste.) petroleum refining operations. EPA published an amended list of Generators remain obligated under Blanchard’s approved Sampling and hazardous wastes from non-specific and RCRA to confirm whether their waste Analysis Plan (SAP) identified three (3) specific sources on January 16, 1981, as remains non-hazardous based on the management practices, which result in part of its final and interim final hazardous waste characteristics, even if the generation of three (3) regulations implementing section 3001 EPA has ‘‘delisted’’ the waste. corresponding categories of OBSMs of RCRA. EPA has amended this list with unique physical properties. The several times and published it in 40 CFR C. What factors must EPA consider in three (3) identified categories of 261.31 and 261.32. deciding whether to grant a delisting Blanchard’s OBSMs include, Category 1, EPA lists these wastes as hazardous petition? Oil/Water/Solid Separation Sludges because: (1) The wastes typically and Besides considering the criteria in 40 (K048 through K052, F037 and F038); frequently exhibit one or more of the CFR 260.22(a) and § 3001(f) of RCRA, 42 Category 2, Crude Oil and Clarified characteristics of hazardous wastes U.S.C. 6921(f), and in the background Slurry Oil Sediments (K169 and K170); identified in Subpart C of part 261 (that documents for the listed wastes, EPA and Category 3, Stabilized Spent is, ignitability, corrosivity, reactivity, must consider any factors (including Hydrotreating and Hydrorefining and toxicity), (2) the wastes meet the additional constituents) other than those Catalysts (K171 and K172). criteria for listing contained in for which EPA listed the waste, if a Blanchard’s demonstration utilized a § 261.11(a)(2) or (a)(3), or (b) the wastes reasonable basis exists that these commercial indirectly-fired thermal are mixed with or derived from the additional factors could cause the waste desorption unit (‘‘ITDU’’) located at US treatment, storage or disposal of such to be hazardous. Ecology Texas’ (‘‘USET’’) permitted characteristic and listed wastes and EPA must also consider as hazardous commercial facility in Robstown, Texas. which therefore become hazardous waste mixtures containing listed Blanchard considered it prudent to
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utilize USET’s ITDU to avoid having to ITDU that was utilized under D. What were the results of Blanchard’s invest the significant capital and Blanchard’s demonstration. sample analyses? resources required to site and construct EPA believes that the descriptions of a full-scale ITDU on-site at Blanchard’s C. How did Blanchard sample and analyze the data in this petition? the Blanchard analytical GBR facility, prior to receiving an characterization provide a reasonable approved delisting determination. The To support its petition, Blanchard basis to grant Blanchard’s petition for an EPA acknowledged Blanchard’s use of conducted individual sampling events exclusion of the residual solids. EPA USET’s commercial ITDU to perform its on residual solids resulting from the believes the data submitted in support demonstration, under its approved SAP. reclamation of Blanchard’s three (3) of the petition show the residual solids USET’s commercial ITDU was identified categories of OBSMs. Each is non-hazardous. Analytical data for designed and constructed by TD*X separate sampling event consisted of the residual solids samples were used in Associates LP (‘‘TD*X’’), located in four (4) composite samples taken during the DRAS to develop delisting levels. Beaumont, Texas. TD*X currently a 24-hour period of representative The residual solids from Category 3 can operates the commercial ITDU on-site at operation. Each composite sample was only be delisted if stabilization of the USET’s Robstown facility, under comprised of individual grab samples residual solids occur. Data from the contract with USET. USET has stabilized Category 3 residual solids extensive experience in the management (i.e. a minimum of four), obtained during separate six (6) hour periods of demonstrate the concentrations from the and processing of Blanchard’s OBSMs, stabilized residuals meet the delisting the 24-hour sampling event. and is currently contracted with requirements. The data summaries for Compositing of samples and Blanchard to provide such services at COCs are presented in Table I. EPA has performance of quality control USET’s Robstown facility. reviewed the sampling procedures used Blanchard has entered into a services requirements were performed by by Blanchard and has determined that it agreement with US Ecology Thermal Blanchard’s selected analytical satisfies EPA criteria for collecting Services LLC (‘‘USETS’’) to provide and laboratory, TestAmerica Laboratories, representative samples of the variations operate an ITDU, on-site at its GBR Inc. (‘‘TestAmerica’’). Blanchard in constituent concentrations in the facility. USETS is the refinery services submitted: Historical information on residual solids. In addition, the data affiliate of USET. Blanchard’s proposed waste generation and management submitted in support of the petition ITDU will be designed, constructed and practices; and analytical results from show that COCs in Blanchard’s waste operated by TD*X, as part of USETS’s twelve samples for total and TCLP are presently below health-based levels services agreement with Blanchard. The concentrations of constituents of used in the delisting decision-making. processing capabilities, efficiencies and concern (COC)s. EPA believes that Blanchard has capacity of Blanchard’s proposed ITDU successfully demonstrated that the are comparable to USET’s commercial residual solids are non-hazardous.
TABLE 1—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION [Residual solids—Blanchard Refining Company LLC, Texas City, Texas]
Maximum Maximum Maximum total TCLP TCLP Constituent concentration concentration delisting level (mg/kg) (mg/L) (mg/L)
Acetone ...... 0.185 0.226 520.0 Antimony ...... 53.7 0.226 0.599 Anthracene ...... 0.488 <0.0125 25.993 Arsenic ...... 222.0 0.277 0.424 Barium ...... 950.0 0.221 36.0 Benzene ...... 1.25 <0.00280 0.077 Benzo (a) anthracene ...... 0.512 <0.0106 0.070 Benzo(a) pyrene ...... 0.0298 <0.0123 2.634 Benzo (b) flouranthene ...... 0.286 <0.0125 22.43 Beryllium ...... 8.61 0.235 1.764 Cadmium ...... 0.441 <0.00280 0.217 Chromium ...... 120.0 0.0550 3.06 Chrysene ...... 0.272 <0.0103 7.006 Cobalt ...... 242.0 0.818 0.902 Copper ...... 639.0 <0.0813 21.527 Cyanide ...... 99.4 <0.0702 3.08 Diethyl Phthalate ...... 0.493 <0.0130 990 Flouranthrene ...... 0.405 <0.0122 2.462 Flourene ...... 0.420 <0.00710 4.91 Lead ...... 963.0 <0.0219 0.984 2, methylphenol ...... 1.31 <0.00710 28.952 3,4 methylphenol ...... 2.18 <0.00675 28.952 Methylene Chloride ...... 0.827 0.00756 0.0790 Methyl Naphthalene ...... 0.365 <0.0129 0.727 Mercury ...... 0.0403 0.000104 0.068 Naphthalene ...... 0.874 <0.0110 0.0327 Nickel ...... 29,000 <0.00800 13.5 Phenanthrene ...... 2.16 <0.0112 10.626 Phenol ...... 6.55 0.00813 173 Pyrene ...... 1.76 <0.0150 4.446
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TABLE 1—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION—Continued [Residual solids—Blanchard Refining Company LLC, Texas City, Texas]
Maximum Maximum Maximum total TCLP TCLP Constituent concentration concentration delisting level (mg/kg) (mg/L) (mg/L)
Pyridine ...... 0.197 <0.0108 0.5775 Selenium ...... 13.5 0.0530 1.0 Silver ...... 1.86 <0.0129 5.0 Toluene ...... 0.670 <0.00275 15.1 Tin ...... 13.8 <0.00590 387 Thallium ...... 110.0 0.0220 0.0366 Vanadium ...... 75,400 0.215 4.6436 Zinc ...... 1920.0 0.487 197 Notes: These levels represent the highest constituent concentration found in any one sample and does not necessarily represent the specific level found in one sample.
E. How did EPA evaluate the risk of waste constituent concentrations not the type of unit where the waste is delisting the waste? expected to exceed the compliance- disposed. The waste must be disposed point concentrations in groundwater. in the type of unit the fate and transport For this delisting determination, EPA EPA believes that the EPACMTP fate model evaluates. used such information gathered to and transport model represents a The DRAS results which calculate the identify plausible exposure routes (i.e. reasonable worst-case scenario for maximum allowable concentration of groundwater, surface water, air) for possible groundwater contamination chemical constituents in the waste are hazardous constituents present in the resulting from disposal of the petitioned presented in Table I. Based on the petitioned waste. EPA determined that waste in a surface impoundment, and comparison of the DRAS and TCLP disposal in a landfill is the most that a reasonable worst-case scenario is Analyses results found in Table I, the reasonable, worst-case disposal scenario appropriate when evaluating whether a petitioned waste should be delisted for Blanchard’s petitioned waste. EPA waste should be relieved of the because no COCs tested are likely to be applied the Delisting Risk Assessment protective management constraints of present or formed as reaction products Software (DRAS) described in 65 FR RCRA Subtitle C. The use of some or by-products in Blanchard’s waste. 58015 (September 27, 2000) and 65 FR reasonable worst-case scenarios resulted 75637 (December 4, 2000), to predict the in conservative values for the F. What did EPA conclude about maximum allowable concentrations of compliance-point concentrations and Blanchard’s waste analysis? hazardous constituents that may be ensures that the waste, once removed EPA concluded, after reviewing released from the petitioned waste after from hazardous waste regulation, will Blanchard’s processes, that no other disposal and determined the potential not pose a significant threat to human hazardous COCs, other than those for impact of the disposal of Blanchard’s health or the environment. which tested, are likely to be present or petitioned waste on human health and The DRAS also uses the maximum formed as reaction products or by- the environment. A copy of this estimated waste volumes and the products in the waste. In addition, on software can be found on the world maximum reported total concentrations the basis of explanations and analytical wide web at f://www.epa.gov/reg5rcra/ to predict possible risks associated with data provided by Blanchard, pursuant to wptdiv/hazardous/delisting/dras- releases of waste constituents through § 260.22, EPA concludes that the software.html. In assessing potential surface pathways (e.g. volatilization petitioned waste does not exhibit any of risks to groundwater, EPA used the from the impoundment). As in the the characteristics of ignitability, maximum waste volumes and the above groundwater analyses, the DRAS corrosivity, reactivity or toxicity. See maximum reported extract uses the risk level, the health-based data §§ 261.21, 261.22 and 261.23, concentrations as inputs to the DRAS and standard risk assessment and respectively. program to estimate the constituent exposure algorithms to predict concentrations in the groundwater at a maximum compliance-point G. What other factors did EPA consider hypothetical receptor well down concentrations of waste constituents at in its evaluation? gradient from the disposal site. Using a hypothetical point of exposure. Using During the evaluation of Blanchard’s the risk level (carcinogenic risk of fate and transport equations, the DRAS petition, EPA also considered the 10 5 and non-cancer hazard index of uses the maximum compliance-point potential impact of the petitioned waste 1.0), the DRAS program can back- concentrations and back-calculates the via non-groundwater routes (i.e. air calculate the acceptable receptor well maximum allowable waste constituent emission and surface runoff). With concentrations (referred to as concentrations (or ‘‘delisting levels’’). regard to airborne dispersion in compliance-point concentrations) using In most cases, because a delisted particular, EPA believes that exposure standard risk assessment algorithms and waste is no longer subject to hazardous to airborne contaminants from EPA health-based numbers. Using the waste control, EPA is generally unable Blanchard’s petitioned waste is maximum compliance-point to predict, and does not presently unlikely. Therefore, no appreciable air concentrations and EPA’s Composite control, how a petitioner will manage a releases are likely from Blanchard’s Model for Underflow Water Migration waste after delisting. Therefore, EPA residual solids under any likely disposal with Transformation Products currently believes that it is conditions. EPA evaluated the potential (EPACMTP) fate and transport modeling inappropriate to consider extensive site- hazards resulting from the unlikely factors, the DRAS further back- specific factors when applying the fate scenario of airborne exposure to calculates the maximum permissible and transport model. EPA does control hazardous constituents released from
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Blanchard’s residual solids in an open exclusion language) based on (4) Changes in Operating Conditions landfill. The results of this worst-case information in the petition. EPA If Blanchard significantly changes the analysis indicated that there is no compiled the inorganic and organic reclamation process described in its substantial present or potential hazard constituents list from the composition of petition or starts any processes that to human health and the environment the waste, descriptions of Blanchard’s generate(s) the waste that may or could from airborne exposure to constituents treatment process, previous test data affect the composition or type of waste from Blanchard’s residual solids. provided for the waste, and the generated as established under H. What is EPA’s evaluation of this respective health-based levels used in Paragraph (1) (by illustration, but not delisting petition? delisting decision-making. These limitation, changes in equipment or delisting levels correspond to the operating conditions of the treatment The descriptions of Blanchard’s allowable levels measured in the TCLP process), they must notify EPA in hazardous waste process and analytical concentrations. writing. Blanchard may no longer characterization provide a reasonable handle the residual solids generated basis for EPA to grant the exclusion. The (2) Waste Holding and Handling from the new process as non-hazardous data submitted in support of the petition The purpose of this paragraph is to until they have completed verification show that constituents in the waste are ensure that Blanchard manages and testing described in Paragraph (3)(A) below the leachable concentrations (see disposes of any residual solids that and (B). Table I). EPA believes that Blanchard’s contains hazardous levels of inorganic residual solids will not impose any (5) Stabilization Operations and organic constituents according to threat to human health and the Subtitle C of RCRA. Managing the Blanchard describes an application environment. where it may periodically elect to Thus, EPA believes Blanchard should residual solids as a hazardous waste until the verification testing is modify operating conditions under its be granted an exclusion for the residual reclamation process to accommodate the solids. EPA believes the data submitted performed will protect against improper handling of hazardous material. If EPA addition of chemical stabilization in support of the petition show reagents. The facility also provided data Blanchard’s residual solids is non- determines that the data collected under this paragraph do not support the data on stabilized materials as part of its hazardous. The data submitted in petition. In the event Blanchard initiates support of the petition show that provided for in the petition, the exclusion will not cover the petitioned the inclusion of stabilization during constituents in Blanchard’s waste is operation of its reclamation process, presently below the compliance point waste. The exclusion is effective upon publication in the Federal Register but they may no longer handle the residual concentrations used in the delisting solids generated from the modified decision and would not pose a the disposal of Blanchard’s residual solids as non-hazardous cannot begin process as non-hazardous until the substantial hazard to the environment. residual solids meet the delisting levels EPA believes that Blanchard has until the verification sampling is completed. set in Paragraph (1) under initial successfully demonstrated that the verification testing requirements set in residual solids sludge is non-hazardous. (3) Verification, Subsequent, and Paragraph (3)(A) and verify that no EPA therefore, proposes to grant an Annual Testing Requirements additional constituents are leaching exclusion to Blanchard for the residual from the stabilized residual solids. solids described in its petition. EPA’s Blanchard must complete a rigorous Following completion of modified decision to exclude this waste is based verification testing program on the operation of its reclamation process, on descriptions of the treatment residual solids to assure that the solids Blanchard can resume normal operating activities associated with the petitioned do not exceed the maximum levels conditions and testing requirements waste and characterization of the specified in Paragraph (1) of the under Paragraph (3), which were in residual solids. exclusion language. This verification place prior to initiating the addition of If EPA finalizes the proposed rule, program will occur as residual solids are stabilization. EPA will no longer regulate the discharged from Blanchard’s petitioned waste under Parts 262 reclamation process, prior to (6) Data Submittals through 268 and the permitting containment and disposal. The volume To provide appropriate standards of Part 270. of residual solids generated may not documentation that Blanchard’s IV. Next Steps exceed 20,000 cubic yards of sludge residual solids meet the delisting levels, material annually. Any volume of Blanchard must compile, summarize, A. With what conditions must the residual solids generated in excess of and keep delisting records on-site for a petitioner comply? 20,000 cubic yards during any twelve- minimum of five years. It should keep The petitioner, Blanchard, must month period must be disposed as all analytical data obtained through comply with the requirements in 40 hazardous wastes. If EPA determines Paragraph (3) of the exclusion language CFR part 261, Appendix IX, Table 1. that the data collected under this including quality control information The text below gives the rationale and paragraph do not support the data for five years. Paragraph (4) of the details of those requirements. provided for the petition, the exclusion exclusion language requires that will not cover the generated residual Blanchard furnish these data upon (1) Delisting Levels solids. If the data from the verification request for inspection by any employee This paragraph provides the levels of testing program demonstrate that the or representative of EPA or the State of constituents for which Blanchard must residual solids meet the delisting levels, Texas. test the residual solids, below which Blanchard may commence disposing of If the proposed exclusion is made these wastes would be considered non- the residual solids as non-hazardous final, it will apply only to the volume hazardous. EPA selected the set of solid waste. Blanchard will notify EPA of 20,000 cubic yards of residual solids inorganic and organic constituents in writing, if and when it begins and generated annually at Blanchard’s GBR specified in Paragraph (1) of 40 CFR part ends disposal of the delisted residual facility after successful verification 261, Appendix IX, Table 1, (the solids. testing. EPA would require Blanchard to
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file a new delisting petition for any Where necessary, EPA will make a good Environmental Protection Agency volume of residual solids generated cause finding to justify emergency (EPA), 1445 Ross Avenue, Suite 1200, during any twelve-month period in rulemaking. See APA § 553(b). Dallas, Texas 75202. excess of the 20,000 cubic yards, and (8) Notification Requirements B. How may I review the docket or manage the excess volume of residual obtain copies of the proposed solids as hazardous waste until EPA In order to adequately track wastes exclusion? grants a new exclusion. that have been delisted, EPA is When this exclusion becomes final, requiring that Blanchard provide a one- You may review the RCRA regulatory Blanchard’s management of the residual time notification to any state regulatory docket for this proposed rule at the solids covered by this petition would be agency through which or to which the Environmental Protection Agency relieved from Subtitle C jurisdiction, delisted waste is being carried. Region 6, 1445 Ross Avenue, Suite and the residual solids from Blanchard Blanchard must provide this 1200, Dallas, Texas 75202. It is available will be disposed of in an authorized, notification sixty (60) days before for viewing in EPA Freedom of solid waste landfill (e.g. RCRA Subtitle commencing this activity. Information Act Review Room from 9:00 D landfill, commercial/industrial solid a.m. to 4:00 p.m., Monday through waste landfill, etc.). B. What happens if Blanchard violates Friday, excluding Federal holidays. Call the terms and conditions? (214) 665–6444 for appointments. The (7) Reopener If Blanchard violates the terms and public may copy material from any The purpose of Paragraph (6) of the conditions established in the exclusion, regulatory docket at no cost for the first exclusion language is to require EPA will start procedures to withdraw 100 pages, and at fifteen cents per page Blanchard to disclose new or different the exclusion. Where there is an for additional copies. Docket materials information related to a condition at immediate threat to human health and are available either electronically in Blanchard’s facility or disposal of the the environment, EPA will evaluate the https://www.regulations.gov and you waste, if it is pertinent to the delisting. need for enforcement activities on a may also request the electronic files of Blanchard must also use this procedure, case-by-case basis. EPA expects the docket which do not appear on if the annual testing fails to meet the Blanchard to conduct the appropriate regulations.gov. levels found in Paragraph (1). This waste analysis and comply with the provision will allow EPA to reevaluate VI. Statutory and Executive Order criteria explained above in Paragraph (1) Reviews the exclusion, if a source provides new of the exclusion. or additional information to EPA. EPA Under Executive Order 12866, will evaluate the information on which V. Public Comments ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993), this rule is EPA based the decision to see if it is still A. How can I as an interested party not of general applicability and correct, or if circumstances have submit comments? changed so that the information is no therefore, is not a regulatory action longer correct or would cause EPA to EPA is requesting public comments subject to review by the Office of deny the petition, if presented. This on this proposed decision. Submit your Management and Budget (OMB). This provision expressly requires Blanchard comments, identified by Docket ID No. rule does not impose an information to report differing site conditions or EPA–R06–RCRA–2017–0556, at https:// collection burden under the provisions assumptions used in the petition, in www.regulations.gov. Follow the online of the Paperwork Reduction Act of 1995 addition to failure to meet the annual instructions for submitting comments. (44 U.S.C. 3501 et seq.) because it testing conditions within 10 days of Once submitted, comments cannot be applies to a particular facility only. discovery. If EPA discovers such edited or removed from Regulations.gov. Because this rule is of particular information itself or from a third party, The EPA may publish any comment applicability relating to a particular it can act on it as appropriate. The received to its public docket. Do not facility, it is not subject to the regulatory language being proposed is similar to submit electronically any information flexibility provisions of the Regulatory those provisions found in RCRA you consider to be Confidential Flexibility Act (5 U.S.C. 601 et seq.), or regulations governing no-migration Business Information (CBI) or other to sections 202, 204, and 205 of the petitions at § 268.6. information whose disclosure is Unfunded Mandates Reform Act of 1995 EPA believes that it has the authority restricted by statute. Multimedia (UMRA) (Pub. L. 104–4). Because this under RCRA and the Administrative submissions (audio, video, etc.) must be rule will affect only a particular facility, Procedures Act (APA), 5 U.S.C. 551 accompanied by a written comment. it will not significantly or uniquely (1978) et seq., to reopen a delisting The written comment is considered the affect small governments, as specified in decision. EPA may reopen a delisting official comment and should include section 203 of UMRA. Because this rule decision when it receives new discussion of all points you wish to will affect only a particular facility, this information that calls into question the make. The EPA will generally not proposed rule does not have federalism assumptions underlying the delisting. consider comments or comment implications. It will not have substantial EPA believes a clear statement of its contents located outside of the primary direct effects on the States, on the authority in delisting is merited, in light submission (i.e. on the web, cloud, or relationship between the national of EPA’s experience. See Reynolds other file sharing system). For government and the States, or on the Metals Company at 62 FR 37694 and 62 additional submission methods, the full distribution of power and FR 63458 where the delisted waste EPA public comment policy, responsibilities among the various leached at greater concentrations in the information about CBI or multimedia levels of government, as specified in environment than the concentrations submissions, and general guidance on Executive Order 13132, ‘‘Federalism’’, predicted when conducting the TCLP, making effective comments, please visit (64 FR 43255, August 10, 1999). Thus, thus leading EPA to repeal the delisting. https://www2.epa.gov/dockets/ Executive Order 13132 does not apply If an immediate threat to human health commenting-epa-dockets. to this rule. and the environment presents itself, You should submit requests for a Similarly, because this rule will affect EPA will continue to address these hearing to Kishor Fruitwala, Section only a particular facility, this proposed situations on a case-by-case basis. Chief (6MM–RP), Multimedia Division, rule does not have tribal implications,
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as specified in Executive Order 13175, The Congressional Review Act, 5 because it does not affect the level of ‘‘Consultation and Coordination with U.S.C. 801 et seq., as added by the Small protection provided to human health or Indian Tribal Governments’’ (65 FR Business Regulatory Enforcement the environment. The Agency’s risk 67249, November 9, 2000). Thus, Fairness Act of 1996, generally provides assessment did not identify risks from Executive Order 13175 does not apply that before a rule may take effect, the management of this material in an to this rule. This rule also is not subject agency promulgating the rule must authorized, solid waste landfill (e.g. to Executive Order 13045, ‘‘Protection of submit a rule report which includes a RCRA Subtitle D landfill, commercial/ Children from Environmental Health copy of the rule to each House of the industrial solid waste landfill, etc.). Risks and Safety Risks’’ (62 FR 19885, Congress and to the Comptroller General Therefore, EPA believes that any April 23, 1997), because it is not of the United States. Section 804 populations in proximity of the landfills economically significant as defined in exempts from section 801 the following used by this facility should not be Executive Order 12866, and because the types of rules: (1) Rules of particular adversely affected by common waste Agency does not have reason to believe applicability; (2) rules relating to agency management practices for this delisted the environmental health or safety risks management or personnel; and (3) rules waste. addressed by this action present a of agency organization, procedure, or Lists of Subjects in 40 CFR Part 261 disproportionate risk to children. The practice that do not substantially affect basis for this belief is that the Agency the rights or obligations of non-agency Environmental protection, Hazardous used DRAS, which considers health and parties (5 U.S.C. 804(3)). EPA is not Waste, Recycling, Reporting and record- safety risks to children, to calculate the required to submit a rule report keeping requirements. maximum allowable concentrations for regarding today’s action under section Dated: October 17, 2017. this rule. This rule is not subject to 801 because this is a rule of particular Wren Stenger, Executive Order 13211, ‘‘Actions applicability. Executive Order (EO) Director, Multimedia Division, Region 6. Concerning Regulations That 12898 (59 FR 7629, February 16, 1994) Significantly Affect Energy Supply, establishes Federal executive policy on For the reasons set forth in the Distribution, or Use’’ (66 FR 28355 (May environmental justice. Its main preamble, 40 CFR part 261 is proposed 22, 2001)), because it is not a significant provision directs Federal agencies, to to be amended as follows: regulatory action under Executive Order the greatest extent practicable and 12866. This rule does not involve permitted by law, to make PART 261—IDENTIFICATION AND technical standards; thus, the environmental justice part of their LISTING OF HAZARDOUS WASTE requirements of section 12(d) of the mission by identifying and addressing, National Technology Transfer and as appropriate, disproportionately high ■ 1. The authority citation for part 261 Advancement Act of 1995 (15 U.S.C. and adverse human health or continues to read as follows: 272 note) do not apply. As required by environmental effects of their programs, Authority: 42 U.S.C. 6905, 6912(a), 6921, section 3 of Executive Order 12988, policies, and activities on minority 6922, 6924(y) and 6938. ‘‘Civil Justice Reform’’, (61 FR 4729, populations and low-income ■ 2. In Table 1 of Appendix IX to part February 7, 1996), in issuing this rule, populations in the United States. 261 add the entry ‘‘Blanchard Refining EPA has taken the necessary steps to EPA has determined that this Company LLC’’ in alphabetical order to eliminate drafting errors and ambiguity, proposed rule will not have read as follows: minimize potential litigation, and disproportionately high and adverse provide a clear legal standard for human health or environmental effects Appendix IX to Part 261—Waste affected conduct. on minority or low-income populations Excluded Under §§ 260.20 and 260.22
TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Address Waste description
******* Blanchard Refining Texas City, TX ...... Residual solids (EPA Hazardous Waste Numbers F037) generated at a maximum rate of as Company LLC. 20,000 cubic yards annually. For the exclusion to be valid, Blanchard must implement a verification testing program that meets the following Paragraphs: (1) All leachable concentrations for those constituents must not exceed the following levels measured as mg/L (ppm). The petitioner must use an acceptable leaching method, for exam- ple SW–846, Method 1311, to measure constituents in the residual solids leachate. (A) Inorganic Constituents of Concern: Antimony—0.5985; Arsenic—0.424; Barium—36; Beryl- lium—1.74; Chromium—3.06; Cobalt—0.902; Lead—0.984; Nickel—13.5; Selenium—1.0; Va- nadium—4.64, Zinc—197. Mercury—0.068. (B) Organic Constituents of Concern: Acetone—520.0; Anthracene—25.993; Benzene—0.077; Benzo(a)pyrene—2.634, Chrysene—7.006; Methylene Chloride—0.0790; Phenanthrene— 10.626; Phenol—173; Pyrene—4.446. (2) Waste Holding and Handling: (A) Blanchard must manage and dispose its residual solids as hazardous waste generated under Subtitle C of RCRA, until they have completed verification testing described in Para- graph (3)(A) and (B), as appropriate, and valid analyses show that paragraph (1) is satisfied. (B) Levels of constituents measured in the samples of the residual solids that do not exceed the levels set forth in Paragraph (1) are nonhazardous. Blanchard can manage and dispose the nonhazardous residual solids according to all applicable solid waste regulations.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
(C) If constituent levels in a sample exceed any of the delisting levels set in Paragraph (1), Blanchard must retreat or stabilize the residual solids represented by the sample exceeding the delisting levels, until it meets the levels in paragraph (1). Blanchard must repeat the anal- yses of the retreated residual solids. (3) Verification Testing Requirements: Blanchard must perform analytical testing by sampling and analyzing the Residual solids as fol- lows: (i) Collect representative samples of the Residual solids for analysis of all constituents listed in paragraph (1) prior to disposal. (ii) The samples for verification testing shall be a representative sample according to appro- priate methods. As applicable to the method-defined parameters of concern, analyses requir- ing the use of SW–846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW–846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B,1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that samples of the Blanchard residual solids are representative for all constituents listed in paragraph (1). Blanchard must perform sample collection and analyses, including quality control procedures, according to SW–846 methodologies. (A) Initial Verification Testing: After EPA grants the final exclusion, Blanchard must do the following: (i) Collect four (4) representative composite samples of the residual solids at weekly intervals after EPA grants the final exclusion. The first composite samples may be taken at any time after EPA grants the final approval. Sampling should be performed in accordance with the sampling plan approved by EPA in support of the exclusion. (ii) Analyze the samples for all constituents listed in paragraph (1). Any composite sample taken that exceeds the delisting levels listed in paragraph (1) for the residual solids must be disposed as hazardous waste in accordance with the applicable hazardous waste require- ments. (iii) Within thirty (30) days after successfully completing its initial verification testing, Blanchard may report its analytical test data for its initial four (4) weekly composite samples to EPA. If levels of constituents measured in the samples of the residual solids do not exceed the levels set forth in paragraph (1) of this exclusion, Blanchard can manage and dispose the non-haz- ardous residual solids according to all applicable solid waste regulations. (B) Subsequent Verification Testing: If Blanchard completes initial verification testing requirements, specified in paragraph (3)(A), and no sample contains a constituent at a level which exceeds the limits set forth in para- graph (1), Blanchard may begin subsequent verification testing as follows: (i) Blanchard must test representative composite samples of the residual solids for all constitu- ents listed in paragraph (1) at least once per month. (ii) The samples for the monthly testing shall be a representative composite sample according to appropriate methods. (iii) Within thirty (30) days after completing each monthly sampling, Blanchard will report its an- alytical test data to EPA. (C) Annual Verification Testing: If levels of constituents measured in the samples of the residual solids do not exceed the levels set forth in paragraph (1) of this exclusion for six (6) consecutive months of subsequent verification testing, Blanchard may begin annual testing as follows: (i) Blanchard must test representative composite samples of the residual solids for all constitu- ents listed in paragraph (1) at least once per calendar year. (ii) The samples for the annual testing shall be a representative composite sample according to appropriate methods. (iii) Within sixty (60) days after completing each annual sampling, Blanchard will report its ana- lytical test data to EPA. (D) Termination of Organic Testing: Blanchard must continue testing as required under Paragraph (3)(B) for organic constituents in Paragraph (1)(B), until the analytical results submitted under Paragraph (3)(B) show a min- imum of three (3) consecutive monthly samples below the delisting levels in Paragraph (1). Following receipt of approval from EPA in writing, Blanchard may terminate organic testing. (4) Changes in Operating Conditions: If Blanchard significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could affect the composition or type of waste gen- erated as established under Paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), they must notify EPA in writing. Blanchard may no longer handle the residual solids generated from the new process as non- hazardous until they have completed verification testing described in Paragraph (3)(A) and (B), as appropriate, documented that valid analyses show that paragraph (1) is satisfied, and received written approval from EPA. (5) Stabilization Operation:
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
Blanchard may periodically elect to modify operating conditions to accommodate the addition of chemical stabilization reagents during indirect thermal desorption processing. In the event that Blanchard initiates the inclusion of stabilization during operation, they may no longer handle the residual solids generated from the modified process as nonhazardous until the re- sidual solids meet the delisting levels set in Paragraph (1) under initial verification testing re- quirements set in paragraph (3)(A) and verify that the stabilization reagents do not add addi- tional constituents to the residual solid leachate. Following completion of modified operation, Blanchard can resume normal operating conditions and testing requirements under Para- graph (3), which were in place prior to initiating stabilization during operation. (6) Data Submittals: Blanchard must submit the information described below. If Blanchard fails to submit the re- quired data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as de- scribed in paragraph (6). Blanchard must: (A) Submit the data obtained through paragraph 3 to the Section Chief, 6MM–RP, Multimedia Division, U. S. Environmental Protection Agency Region 6, 1445 Ross Ave., Suite 1200, Dal- las, Texas 75202, within the time specified. All supporting data can be submitted on CD– ROM or comparable electronic media. (B) Compile records of analytical data from paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when either EPA or the State of Texas requests them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 1001 and 42 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this infor- mation is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.’’ (7) Reopener. (A) If, any time after disposal of the delisted waste Blanchard possesses or is otherwise made aware of any environmental data (including but not limited to underflow water data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (B) If either the verification testing (and retest, if applicable) of the waste does not meet the delisting requirements in paragraph 1, Blanchard must report the data, in writing, to the Divi- sion Director within 10 days of first possessing or being made aware of that data. (C) If Blanchard fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Division Director will make a prelimi- nary determination as to whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the envi- ronment. (D) If the Division Director determines that the reported information requires action by EPA, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a state- ment of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days from receipt of the Division Director’s notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Division Director will issue a final written determination describing EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become effective immediately, unless the Division Director provides otherwise. (8) Notification Requirements: Blanchard must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision.
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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
(A) Provide a one-time written notification to any state Regulatory Agency to which or through which it will transport the delisted waste described above for disposal, 60 days before begin- ning such activities. (B) For onsite disposal, a notice should be submitted to the State to notify the State that dis- posal of the delisted materials has begun. (C) Update one-time written notification, if it ships the delisted waste into a different disposal fa- cility. (D) Failure to provide this notification will result in a violation of the delisting exclusion and a possible revocation of the decision.
*******
[FR Doc. 2017–23683 Filed 10–30–17; 8:45 am] FMCSA–2017–0297 by any of the have questions on viewing or submitting BILLING CODE 6560–50–P following methods: material to the docket, contact Docket • Federal eRulemaking Portal: Services, telephone (202) 366–9826. www.regulations.gov. See the Public SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Participation and Request for Comments section below for further information. I. Public Participation and Request for Federal Motor Carrier Safety • Mail: Docket Management Facility, Comments Administration U.S. Department of Transportation, 1200 FMCSA encourages you to participate New Jersey Avenue SE., West Building, by submitting comments and related 49 CFR Part 395 Ground Floor, Room W12–140, materials. Washington, DC 20590–0001. [Docket No. FMCSA–2017–0297] • Hand Delivery or Courier: West Submitting Comments Hours of Service of Drivers: Building, Ground Floor, Room W12– If you submit a comment, please Application for Exemption; National 140, 1200 New Jersey Avenue SE., include the docket number for this Pork Producers Council (NPPC) between 9 a.m. and 5 p.m., Monday notice (FMCSA–2017–0297), indicate through Friday, except Federal holidays. the specific section of this document to AGENCY: Federal Motor Carrier Safety • Fax: 1–202–493–2251 which the comment applies, and Administration (FMCSA), DOT. • Each submission must include the provide a reason for suggestions or ACTION: Notice of application for Agency name and the docket number for recommendations. You may submit exemption; request for comments. this notice. Note that DOT posts all your comments and material online or comments received without change to by fax, mail, or hand delivery, but SUMMARY: FMCSA announces that the www.regulations.gov, including any please use only one of these means. National Pork Producers Council personal information included in a FMCSA recommends that you include (NPPC) has requested an exemption comment. Please see the Privacy Act your name and a mailing address, an from the requirement that a motor heading below. email address, or a phone number in the carrier require each of its drivers to use Docket: For access to the docket to body of your document so the Agency an electronic logging device (ELD) no read background documents or can contact you if it has questions later than December 18, 2017, to record comments, go to www.regulations.gov at regarding your submission. the driver’s hours-of-service (HOS). any time or visit Room W12–140 on the To submit your comments online, go NPPC states it requests the exemption ground level of the West Building, 1200 to www.regulations.gov and put the for all livestock haulers as defined in New Jersey Avenue SE., Washington, docket number, ‘‘FMCSA–2017–0297’’ the application (i.e., transporters of DC, between 9 a.m. and 5 p.m., ET, in the ‘‘Keyword’’ box, and click livestock, poultry, aquaculture, and Monday through Friday, except Federal ‘‘Search.’’ When the new screen insects) to address an incompatibility holidays. The on-line FDMS is available appears, click on ‘‘Comment Now!’’ between the FMCSA’s HOS rules and 24 hours each day, 365 days each year. button and type your comment into the the current structure and realities of the Privacy Act: In accordance with 5 text box in the following screen. Choose U.S. livestock industry. NPPC states that U.S.C. 553(c), DOT solicits comments whether you are submitting your the livestock haulers will not be from the public to better inform its comment as an individual or on behalf prepared to meet the December 18, rulemaking process. DOT posts these of a third party and then submit. If you 2017, compliance date for installing comments, without edit, including any submit your comments by mail or hand ELDs. NPPC believes that the personal information the commenter delivery, submit them in an unbound exemption, if granted, would achieve a provides, to www.regulations.gov, as format, no larger than 81⁄2 by 11 inches, level of safety that is equivalent to, or described in the system of records suitable for copying and electronic greater than, the level that would be notice (DOT/ALL–14 FDMS), which can filing. If you submit comments by mail achieved absent such exemption. be reviewed at www.dot.gov/privacy. and would like to know that they FMCSA requests public comment on FOR FURTHER INFORMATION CONTACT: For reached the facility, please enclose a NPPC’s application for exemption. information concerning this notice, stamped, self-addressed postcard or DATES: Comments must be received on contact Mr. Tom Yager, Chief, FMCSA envelope. FMCSA will consider all or before November 30, 2017. Driver and Carrier Operations Division; comments and material received during ADDRESSES: You may submit comments Office of Carrier, Driver and Vehicle the comment period and may grant or identified by Federal Docket Safety Standards; Telephone: 614–942– not grant this application based on your Management System (FDMS) Number 6477. Email: [email protected]. If you comments.
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II. Legal Basis accommodate HOS exemptions (TQA) program and the beef industry’s FMCSA has authority under 49 U.S.C. currently utilized by the livestock Master Castle Transporter (MCT) 31136(e) and 31315 to grant exemptions industry; program, which provide instruction on (3) There is a significant lack of from certain parts of the Federal Motor proper animal handling and education and awareness by livestock Carrier Safety Regulations (FMCSRs). transportation methods. These haulers and the livestock producers they FMCSA must publish a notice of each voluntary education programs were service regarding the ELD mandate, developed by and are offered through exemption request in the Federal current exemptions, and the use and the U.S. Department of Agriculture. Register (49 CFR 381.315(a)). The operation of ELDs, requiring time for The pork industry’s TQA program is Agency must provide the public an adequate outreach and training to take designed to address the driver safety opportunity to inspect the information place; and and animal welfare needs of the relevant to the application, including (4) Concern over the ELD mandate has approximately 600,000 pigs transported any safety analyses that have been exposed incompatibilities between the every day on U.S. roads. While the conducted. The Agency must also HOS rules and the livestock industry, program is voluntary, most major provide an opportunity for public and is causing disruption for livestock packers require that any driver arriving comment on the request. haulers, increasing already severe driver on their property be TQA-certified. The The Agency reviews safety analyses shortages, and endangering the health beef industry’s MCT training program and public comments submitted, and and welfare of the millions of animals was designed by cattle experts and determines whether granting the transported by livestock carriers daily. volunteers to educate haulers about low- exemption would likely achieve a level NPPC notes that their industry is stress safe handling and transportation of safety equivalent to, or greater than, encountering two problem areas methods for cattle. According to the the level that would be achieved by the regarding the use of ELDs. First, because MCT training program, proper handling current regulation (49 CFR 381.305). the ELD initiative fails to directly and transport of cattle reduces sickness, The decision of the Agency must be address the unique requirements of the prevents bruising, and improves the published in the Federal Register (49 livestock industry, those drivers who quality of the meat. These drivers also CFR 381.315(b)) with the reasons for are aware of the program have had transport live fish, which requires a denying or granting the application and, difficulty researching the ELD driver to focus on road safety, if granted, the name of the person or marketplace and identifying cost- equipment maintenance, fish health, class of persons receiving the effective solutions that are compatible and water quality. Moving live fish by exemption, and the regulatory provision with livestock hauling. NPPC claims truck also requires specialized from which the exemption is granted. that the vendors in the commercial ELD equipment, species-specific loading, The notice must also specify the marketplace lack an understanding of and on-time delivery. effective period and explain the terms the unique needs of the livestock NPPC states that the emphasis these and conditions of the exemption. The industry and essential design features programs place on animal welfare exemption may be renewed (49 CFR for their products. Second, nationwide, benefits driver safety, as it encourages 381.300(b)). the average age of American truck livestock haulers to slow down, be more III. Request for Exemption drivers is 49. For livestock haulers, the aware of their surroundings and road age is likely significantly higher. As a conditions, and avoid rough-road NPPC filed this application for result, these drivers are less familiar situations that could result in animal exemption on behalf of itself and the with the use of new technology and injury. In addition to general highway following organizations: American require more time to train on ELD use. safety and accident prevention Beekeeping Federation; American Farm Forcing these drivers to comply with the measures, these programs also focus on Bureau Federation; Livestock Marketing ELD mandate without appropriate the primary underlying goal of the HOS Association; National Aquaculture training unfairly discriminates against rule—addressing fatigue. For example, Association; National Cattleman’s Beef older drivers who are otherwise more the pork industry’s TQA program Association; North American Meat experienced and qualified to haul educates haulers about driver fatigue Institute; and the U.S. Cattlemen’s livestock. prevention by stressing adequate rest, Association. appropriate climate conditions in the NPPC requests an exemption for all IV. Method To Ensure an Equivalent or cab, a healthy diet, and how to livestock haulers, which they define as Greater Level of Safety recognize the signs of fatigue. ‘‘livestock, poultry, aquaculture, and NPPC claims that granting this NPPC states that granting a limited insect producers, processors and exemption for the extremely limited exemption from the ELD mandate for transporters,’’ from the requirement in segment of the overall transportation livestock haulers will enable FMCSA 49 CFR part 395 that no later than economy engaged in the shipment of and the livestock industry to undertake December 18, 2017, a motor carrier livestock, will achieve a level of safety the training and education necessary for require each of its drivers to use an that is equivalent to, or greater than, the livestock haulers to understand ELDs. It electronic logging device (ELD) to level that would be achieved absent an will also provide an opportunity for record the driver’s hours-of-service exemption. FMCSA to develop livestock-specific In their application, NPPC explains (HOS). solutions to the underlying HOS that livestock haulers are responsible for NPPC states that it is seeking this concerns of the industry. limited exemption from ELDs for the daily transportation of millions of A copy of NPPC’s application for livestock haulers because: animals. They state that the welfare and exemption is available for review in the (1) Livestock haulers are not, and will safety of the animals in transit, together docket for this notice. not be prepared to meet the December with the safety of other drivers on the 18, 2017 compliance date; road, are the industry’s top priorities. Issued on: October 25, 2017. (2) The current ELD retail marketplace NPPC advises that most livestock Larry W. Minor, does not clearly support the needs of haulers have participated in additional Associate Administrator for Policy. livestock haulers and questions remain specialized training, including the pork [FR Doc. 2017–23690 Filed 10–30–17; 8:45 am] as to whether current ELD devices can industry’s Transport Quality Assurance BILLING CODE 4910–EX–P
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DEPARTMENT OF THE INTERIOR Type heading, click on the Proposed (a) Biological or ecological Rules link to locate this document. You requirements of the species, including Fish and Wildlife Service may submit a comment by clicking on habitat requirements for feeding, ‘‘Comment Now!’’ breeding, and sheltering; 50 CFR Part 17 (2) By hard copy: Submit by U.S. mail (b) Genetics and taxonomy; (c) Historical and current range, [Docket No. FWS–R6–ES–2016–0086; or hand-delivery to: Public Comments 4500030113] Processing, Attn: FWS–R6–ES–2016– including distribution patterns; 0086, U.S. Fish and Wildlife Service, (d) Historical and current population RIN 1018–BB52 MS: BPHC, 5275 Leesburg Pike, Falls levels, and current and projected trends; and Endangered and Threatened Wildlife Church, VA 22041–3803. We request that you send comments (e) Past and ongoing conservation and Plants; 12-Month Finding on a measures for the species, their habitat, Petition to List the Western Glacier only by the methods described above. We will post all comments on http:// or both. Stonefly as an Endangered or (2) Factors that may affect the www.regulations.gov. This generally Threatened Species; Proposed continued existence of the species, means that we will post any personal Threatened Species Status for which may include habitat modification information you provide us (see Public Meltwater Lednian Stonefly and or destruction, overutilization, disease, Comments, below, for more Western Glacier Stonefly predation, the inadequacy of existing information). regulatory mechanisms, or other natural AGENCY: Fish and Wildlife Service, Document availability: You may view Interior. or manmade factors. the October 4, 2016, proposed rule and (3) Biological, commercial trade, or ACTION: Proposed rule; reopening of the supporting materials associated with other relevant data concerning any comment period. this reopened public comment period threats (or lack thereof) to these species and described below under and existing regulations that may be SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION at http:// Wildlife Service (Service), announce the addressing those threats. www.regulations.gov under Docket No. (4) Additional information concerning reopening of the comment period on our FWS–R6–ES–2016–0086, or from the the historical and current status, range, October 4, 2016, proposed rule to list office listed in FOR FURTHER INFORMATION distribution, and population size of the western glacier stonefly (Zapada CONTACT. these species, including the locations of glacier) and the meltwater lednian FOR FURTHER INFORMATION CONTACT: Jodi any additional populations. stonefly (Lednia tumana) as threatened Bush, Field Supervisor, U.S. Fish and If you submitted comments or species under the Endangered Species Wildlife Service, Montana Ecological information on the proposed rule (81 FR Act of 1973, as amended (Act). We are Services Field Office, 585 Shepard Way, 68379) during the initial comment reopening the comment period because Helena, MT 59601; telephone 406–449– period from October 4, 2016, to we have received additional information 5225; facsimile 406–449–5339; jodi_ December 5, 2016, please do not about the range of the western glacier [email protected]. Persons who use a resubmit them. Any such comments are stonefly and reopening the comment telecommunications device for the deaf incorporated as part of the public record period will provide the public an (TDD) may call the Federal Relay of this rulemaking proceeding, and we opportunity to comment on the Service at 800–877–8339. will fully consider them in the additional range information. In August preparation of our final determination. 2016, we received new information on SUPPLEMENTARY INFORMATION: Our final determination will take into the western glacier stonefly, indicating Information Requested consideration all written comments and a larger range than previously known. In any additional information we receive March 2017, we again received Public Comments during all comment periods. The final additional information (separate from We will accept written comments and decision may differ from the proposed the information received in August information during this reopened rule, based on our review of all 2016) regarding the western glacier comment period regarding the new information received during this stonefly range, also indicating a larger information indicating additional rulemaking proceeding. range than previously known. We invite streams and springs occupied by the Please include sufficient information the public to comment on this western glacier stonefly (Giersch et al. with your submission (such as scientific additional information. 2016, entire; Giersch 2017, pers. comm.) journal articles or other publications) to DATES: The comment period on the as described in this document. We will allow us to verify any scientific or October 4, 2016, proposed rule (81 FR also accept written comments and commercial information you include. 68379) is reopened. Comments should information on our proposed rule to list Please note that submissions merely be received on or before November 30, the western glacier stonefly and the stating support for or opposition to the 2017. Comments submitted meltwater lednian stonefly as action under consideration without electronically using the Federal threatened species under the Act that providing supporting information, eRulemaking Portal (see ADDRESSES, was published in the Federal Register although noted, will not be considered below) must be received by 11:59 p.m. on October 4, 2016 (81 FR 68379). We in making a determination, as section Eastern Time on the closing date. will consider information and 4(b)(1)(A) of the Act directs that ADDRESSES: You may submit comments recommendations from all interested determinations as to whether any by one of the following methods: parties. species is an endangered or a threatened (1) Electronically: Go to the Federal In addition, we continue to seek species must be made ‘‘solely on the eRulemaking Portal: http:// comments on the following topics as basis of the best scientific and www.regulations.gov. In the Search box, requested in our October 4, 2016, commercial data available.’’ enter FWS–R6–ES–2016–0086, which is proposed rule (81 FR 68379): You may submit your comments and the docket number for this rulemaking. (1) The meltwater lednian stonefly materials concerning the proposed rule Then, in the Search panel on the left and the western glacier stonefly biology, by one of the methods listed in side of the screen, under the Document range, and population trends, including: ADDRESSES. We request that you send
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comments only by the methods Background western glacier stonefly (Giersch et al. described in ADDRESSES. 2016, entire). In this report, USGS Species Information and Previous documented western glacier stonefly If you submit information via http:// Federal Actions www.regulations.gov, your entire approximately 500 miles farther south On October 4, 2016, we published a than previously known (Giersch et al. submission—including any personal 12-month finding for the western glacier identifying information—will be posted 2016, p. 28). These southern streams stonefly and a proposed rule to list the and springs were in the Absaroka- on the Web site. If your submission is western glacier stonefly and meltwater made via a hardcopy that includes Beartooth Wilderness in southern lednian stonefly as threatened species Montana and in Grand Teton National personal identifying information, you under the Act (81 FR 68379). We may request at the top of your document Park in northwestern Wyoming. On combined the 12-month finding and March 22, 2017, we again received that we withhold this information from proposed rule in one document for public review. However, we cannot updated information on the distribution efficiency. Please refer to that proposed of western glacier stonefly from the guarantee that we will be able to do so. rule for information about western We will post all hardcopy submissions USGS. This information was from field glacier stonefly and meltwater lednian surveys conducted in late 2016. These on http://www.regulations.gov. stonefly taxonomy, descriptions of the surveys identified additional occupied Comments and materials we receive, two species, distribution and streams and springs of western glacier as well as supporting documentation we abundance, habitat, and biology, as well stonefly in southern Montana and used in preparing the proposed rule, as a detailed description of previous northwestern Wyoming (in the will be available for public inspection Federal actions concerning the western Absaroka-Beartooth Wilderness and on http://www.regulations.gov, or by glacier stonefly and meltwater lednian Grand Teton National Park; Figure 1). appointment, during normal business stonefly prior to October 4, 2016. As In addition, a study funded by the hours, at the U.S. Fish and Wildlife discussed in our proposed rule, we Wyoming Natural Diversity Database Service, Montana Ecological Services became aware of information in August estimated the degree to which western FOR FURTHER 2016 indicating additional streams and Field Office (see glacier stonefly were genetically INFORMATION CONTACT). springs occupied by western glacier stonefly in southwestern Montana and different amongst the three mountain Peer Review northwestern Wyoming. Furthermore, in ranges (Glacier National Park, Absaroka- March 2017, we became aware of Beartooth Wilderness, and Grand Teton In accordance with our joint policy on additional information on western National Park) (Hotaling et al. 2017, p. peer review published in the Federal glacier stonefly, indicating a larger range 11). Although the study noted that there Register on July 1, 1994 (59 FR 34270), than previously known. This new is evidence of significant genetic we sought the expert opinions of six information from August 2016 and differentiation amongst western glacier appropriate and independent specialists March 2017 is described below. stonefly populations residing in the regarding the proposed rule, including different mountain ranges, the authors the new information discussed in this New Information do not believe the evidence supports document, and received comments or We received updated information on multiple species designations (Hotaling peer reviews from four peer reviewers. the distribution of western glacier et al. 2017, p. 12). As a result of the The purpose of peer review is to ensure stonefly from the United States additional range information and that our listing determinations are based Geological Survey (USGS) on August 22, genetics report, we are now aware of a on scientifically sound data, 2016. This information was included in total of 16 occupied streams or springs assumptions, and analyses. The peer a final report to the Service examining of western glacier stonefly rangewide reviewers have expertise in stonefly the status, distribution, and ecology of (Montana and Wyoming). biology, habitat, and life history. the meltwater lednian stonefly and the BILLING CODE 4333–15–P
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Figure 1. Known distribution of western glacier stonefly, including newly reported streams and springs in southern Montana (Absaroka-Beartooth Wilderness) and northwestern W omin Grand Teton National Park.
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BILLING CODE 4333–15–C program to lend, while leaving the change will be to provide additional References Cited original IFQ authority to Fishery authority for the program to lend, while Management Councils to use as needed. leaving the original IFQ authority to A complete list of references cited in DATES: Comments must be submitted in Fishery Management Councils (FMCs) this document is available on the writing on or before November 30, 2017, to use as needed. Internet at http://www.regulations.gov at Docket No. FWS–R6–ES–2016–0086 and ADDRESSES: You may submit comments, Existing IFQ Loan Authority identified by NOAA–NMFS–2017–0064, upon request from the Montana 46 U.S.C. 53706 authorizes the FFP to Ecological Services Field Office (see FOR by any one of the following methods: • Electronic Submission: Submit all finance or refinance the purchase of FURTHER INFORMATION CONTACT). electronic public comments via the individual fishing quotas in accordance Authors Federal e-Rulemaking Portal. Go to with section 303(d)(4) of the Magnuson- www.regulations.gov/ Stevens Fishery Conservation and The primary authors of this document Management Act (MSA), now codified #!docketDetail;D=NOAA-NMFS-2017- are the staff members of the Montana at 16 U.S.C. 1853a(g). Under this 0064, click the ‘‘Comment Now!’’ icon, Ecological Services Field Office. provision of the MSA, an FMC may complete the required fields, and enter submit, and NMFS may approve and Authority or attach your comments. • implement, a loan program to aid in (1) The authority for this action is the Mail: Paul Marx, Chief, Financial Services Division, NMFS, Attn: F/MB5, the acquisition of IFQ by fishermen who Endangered Species Act of 1973, as fish from ‘‘small vessels,’’ and (2) the amended (16 U.S.C. 1531 et seq.). 1315 East-West Highway, SSMC3, Silver Spring, MD 20910. first time purchase of IFQ by ‘‘entry Dated: September 28, 2017. Instructions: Comments sent by any level fishermen.’’ Therefore, under this James W. Kurth, other method, to any other address or authority, the FFP cannot initiate or Acting Director, U.S. Fish and Wildlife individual, or received after the end of implement a lending program to finance Service. the comment period, may not be or refinance the purchase of IFQ until [FR Doc. 2017–23579 Filed 10–30–17; 8:45 am] considered by NMFS. All comments the appropriate FMC submits a request to NMFS and provides guidance for the BILLING CODE 4333–15–P received are a part of the public record and will generally be posted for public requisite criteria. NMFS currently administers two loan viewing on www.regulations.gov programs pursuant to the existing IFQ without change. All personal identifying DEPARTMENT OF COMMERCE authority: The Northwest Halibut/ information (e.g., name, address, etc.), Sablefish and Bering Sea and Aleutian National Oceanic and Atmospheric confidential business information, or Islands Crab IFQ loan programs. NMFS Administration otherwise sensitive information anticipates no effects to either of these submitted voluntarily by the sender will existing loan programs as a result of this 50 CFR Part 253 be publicly accessible. NMFS will proposed action. [Docket No. 170404355–7355–01] accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish New Loan Authority RIN 0648–BG80 to remain anonymous). The new authority provided by Public Written comments regarding the Merchant Marine Act and Magnuson- Law 114–120 broadens the FFP’s burden-hour estimates or other aspects existing authority, and authorizes the Stevens Act Provisions; Fishing of the collection-of-information Vessel, Fishing Facility and Individual Program to finance the purchase of requirements contained in this proposed harvesting rights in a fishery that is Fishing Quota and Harvesting Rights rule may be submitted to paul.marx@ Lending Program Regulations _ federally managed under a limited noaa.gov and by email to oira access system. NMFS will interpret AGENCY: National Marine Fisheries [email protected] or fax to (202) ‘‘limited access system’’ in accordance Service (NMFS), National Oceanic and 395–7285. with section 3(27) of the MSA for Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: Paul purposes of this authority. The MSA Commerce. Marx, at 301–427–8771 or via email at defines ‘‘limited access system’’ as ‘‘a ACTION: Proposed rule; request for [email protected]. system that limits participation in a comments. SUPPLEMENTARY INFORMATION: Under the fishery to those satisfying certain authority of Chapter 537 of Title 46 of eligibility criteria or requirements SUMMARY: NMFS’ Fisheries Finance the United States Code, 46 U.S.C. 53701, contained in a fishery management plan Program (FFP) provides long-term et seq., the FFP may provide long-term or associated regulation.’’ 16 U.S.C. financing to the commercial fishing and financing to the commercial fishing and 1802(27). Such definition includes, but aquaculture industries for fishing aquaculture industries for fishing is not limited to, IFQ fisheries. vessels, fisheries facilities, aquaculture vessels, fisheries facilities, aquaculture The new authority provided by Public facilities, and certain designated facilities, and certain designated Law 114–120 does not require FMCs to individual fishing quota (IFQ). Section individual fishing quota (IFQs). Section initiate a request to establish a loan 302 of the Coast Guard Authorization 302 of the Coast Guard Authorization program in a fishery that is federally Act of 2015 (Pub. L. 114–120) included Act of 2015 (Pub. L. 114–120) amended managed under a limited access system new authority to finance the purchase of Chapter 537, providing the FFP with the in order for the FFP to provide financing harvesting rights in a fishery that is authority to finance the purchase of in such a fishery. However, under the federally managed under a limited harvesting rights in a fishery that is MSA, FMCs are primarily responsible access system. The FFP proposes to add federally managed under a limited for developing fishery management a new section to the existing FFP access system. This amendment is plans (FMPs) for fisheries within their regulations to implement this statutory codified at 46 U.S.C. 53702(b)(4)(B). authority that require conservation and change. The net effect of this proposed This action would modify the existing management. It is possible that the change to the regulations will be to Program regulations to reflect this availability of fisheries loans may have provide additional authority for the statutory change. The net effect of this unanticipated effects on the
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achievement of FMP goals and principals or majority shareholders, application is withdrawn prior to the objectives. Therefore, NMFS believes it persons or entities with a financial issuance of an AIP letter. appropriate to allow the FMCs to interest in the borrower, or any Summary and Explanation of Proposed comment on the potential or actual individuals holding community Regulatory Changes effect of a loan program for harvesting property rights may also be required to rights in fisheries under their authority. provide a guaranty. This proposed action would add the An FMC may provide an explanation to In addition, all loan applicants are following section, as explained here. NMFS at any time, in writing, why the subject to background and credit Harvesting Rights Loans (253.31) potential or continuing availability of investigations, which may include, but financing for harvesting rights in a are not limited to, reviews for This new section provides regulatory fishery under its authority would harm unresolved fishing violations, criminal provisions specific to the harvesting the achievement of the goals and background checks, delinquent debt rights loans. At the time a borrower objectives of the FMP applicable to the investigations, and credit reports. Like submits an application, he or she must fishery. If NMFS accepts the Council’s other FFP loan programs, lending for satisfy the criteria listed in this new reasoning, harvesting rights loans would harvesting rights is subject to a statutory section in order to be eligible to receive not be provided, or would cease to be loan limit of up to 80 percent of the financing under the program. The provided, in that fishery. In such a actual cost of the transaction, set as the borrower must comply with any scenario, NMFS would publish a notice purchase price or, in the case of limitations on the quantity of harvesting in the Federal Register notifying the refinancing, the current market value. rights that may be owned by one holder, public that new loans will not be made The FFP retains sole discretion to as specified in the applicable FMP and in that fishery. If there were already determine the transaction’s actual cost implementing regulations. The FFP will loan applications under consideration, or current market value. not finance harvesting rights in excess the exceptional circumstances would Harvesting rights loan amounts can of ownership limitations. justify NMFS returning any loan fees carry up to a 25-year term and can be Classification submitted with loan applications. The used to either purchase new rights or opportunity for FMC input will help refinance the debt associated with the This proposed rule is published under ensure that loans made by the FFP do prior purchase(s) of harvesting rights. In the authority of, and is consistent with, not undermine or conflict with the goals addition to maintaining a 20 percent Chapter 537 of Title 46 of the United and objectives of specific FMPs. minimum equity stake, borrowers States Code and the Magnuson-Stevens Extent of Financing refinancing existing debt will only Act, as amended. The NMFS Assistant Administrator has determined that this Section 302 of the Coast Guard receive the lesser of the outstanding proposed rule is consistent with Chapter Authorization Act of 2015 imposes no amount of debt to be refinanced or 80 537 of Title 46 of the U.S. Code, the limitations on the extent of financing to percent of the current market value of Magnuson-Stevens Act, as amended, be provided by the FFP for the purchase the harvesting right. and other applicable law, subject to of harvesting rights. However, it does If a borrower seeking refinancing fails further consideration after public reserve $59 million of direct loan to have the requisite 20 percent equity comment. authority for historical uses, defined at stake (measured as the difference 46 U.S.C. 53701(8). Thus, NMFS between the current market value of the In addition to public comment about anticipates that the balance of annual primary collateral and the amount of the the proposed rule’s substance, NMFS direct loan authority—currently $41 loan), that borrower will need to pay also seeks public comment on any million—may be available to finance or down debt to meet the required level. In ambiguity or unnecessary complexity refinance the purchase of harvesting addition, under FFP standards, from the language used in this proposed rights in federally managed fisheries borrowers are only eligible for rule. under a limited access system. This refinancing if their initial purchase NEPA action will allow NMFS to fully use the would have been eligible for financing. program’s loan authority either for The program will refinance harvesting NMFS has preliminarily determined historical purposes or any authorized rights acquired prior to this regulation if that this rule qualifies to be new purposes should it be determined the buyer’s original purchase would categorically excluded from further that demand or lack of demand in either have been eligible for FFP financing NEPA review. This action is consistent area would result in unused loan under the terms of this action. with categories of activities identified in authority. Prospective borrowers may apply for CE G7 of the Companion Manual for a loan through any of the NOAA NOAA Administrative Order 216–6A, Proposed Harvesting Rights Lending Fisheries Service regional FFP offices and we have not identified any Lending for harvesting rights would (St. Petersburg, FL; Gloucester, MA; extraordinary circumstances that would follow existing FFP lending procedures Seattle, WA). They must pay the preclude this categorical exclusion. and guidelines. Borrowers must be U.S. appropriate application fee, set by 46 NMFS is accepting comments and citizens or entities eligible to document U.S.C. 53713(b) as one-half of one information during the public comment a vessel for coastwise trade under 46 percent of the loan amount requested, period for the proposed rule relevant to U.S.C. 50501, meet all general FFP which is made up of two parts. Half is our preliminary categorical exclusion requirements, and meet all requirements the ‘‘filing fee,’’ and is nonrefundable determination. to hold the harvesting rights under the when the FFP officially accepts the Executive Order 12866 applicable FMP at the time of loan application. The other half, known as closing. The FFP may require additional the ‘‘commitment fee,’’ becomes This proposed rule has been lending conditions and security terms nonrefundable when the FFP executes determined to be not significant for such as loan guarantees or security and mails an Approval-in-Principle purposes of Executive Order 12866. interests in other collateral to bring (AIP) letter to the applicant. The FFP This proposed rule does not credit risk to acceptable levels. may refund the commitment fee if the duplicate, overlap, or conflict with any Affiliated businesses, the borrower’s FFP declines the application or the other relevant Federal rules.
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Paperwork Reduction Act will implement programs authorized by Importantly, the FFP does not regulate Notwithstanding any other provision law. Specifically, these rules enact or manage the affairs of its borrowers, of the law, no person is required to regulatory additions to create a new and the regulations impose no respond to, and no person shall be lending purpose authorized by Section additional compliance, operating or subject to penalty for failure to comply 302 of the Coast Guard Authorization other fees or costs on small entities with, a collection of information subject Act of 2015 (Pub. L. 114–120) and will other than a financing relationship to the requirements of the PRA, unless be implemented in accordance with 50 would require. CFR part 253, subpart B. This action that collection of information displays a As a result of this certification, an will create new § 253.31. currently valid OMB Control Number. initial regulatory flexibility analysis is As defined by NMFS for RFA This proposed rule contains not required and none has been purposes, this rule may affect small collections-of-information subject to the prepared. fishing entities that have annual PRA, which have been approved by revenues of $11.0 million or less, List of Subjects in 50 CFR Part 253 OMB under control number 0648–0012. including, but not limited to, vessel Aquaculture, Community The application requirements contained owners, vessel operators, individual in these rules have been approved under development groups, Direct lending, fishermen, small corporations, and Financial assistance, Fisheries, Fishing, OMB control number 0648–0012. Public others engaged in commercial fishing reporting burden for placing an Individual fishing quota, harvesting activities regulated by NOAA. rights (privileges). application for FFP financing is Borrowers under this authority may also Dated: October 25, 2017. estimated to average eight hours per include large businesses. Notably, response, including the time for because the FFP is a voluntary program Samuel D. Rauch, III, reviewing instructions, searching that provides loans to qualified Deputy Assistant Administrator for existing data sources, gathering and borrowers, non-borrowers—large or Regulatory Programs, National Marine Fisheries Service. maintaining the data needed, and small—would not be regulated by this completing and reviewing the collection rule. For the reasons set forth in the of information. Although the FFP requires certain preamble, NMFS proposes to amend 50 Send comments regarding this burden supporting documentation during the CFR part 253, subpart B, as follows: estimate, or any other aspect of this data life of a loan, the requirements do not PART 253—FISHERIES ASSISTANCE collection, including suggestions for impose unusual burdens when PROGRAMS reducing the burden, to NMFS (see compared to the burdens imposed by ADDRESSES) and by email to OIRA_ other lenders. Moreover, because the Subpart B—Fisheries Finance Program [email protected] or fax to (202) basic need for financing would continue 395–7285. to exist without the FFP, the individuals ■ 1. The authority citation for part 253 Regulatory Flexibility Act seeking financing would still need to continues to read as follows: comply with similar, if not identical, The Chief Counsel for Regulation of requirements imposed by another Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq. the Department of Commerce has lender. Records required to participate certified to the Chief Counsel for in the FFP are usually within the ■ 2. Section 253.31 is added to read as Advocacy of the Small Business normal records already maintained by follows: Administration (SBA) that this proposed fishermen. It should take fewer than § 253.31 Harvesting rights loans. rule, if adopted, would not have a eight hours per application to meet significant economic impact on a these requirements. (a) Specific definitions. For the substantial number of small entities. The information required from purposes of this section, the following The Regulatory Flexibility Act (RFA), borrowers, such as income tax returns, definitions apply: 5 U.S.C. 601, et seq., requires that, insurance policies, permits, licenses, (1) Harvesting right(s) means any ‘‘[w]henever an agency is required by etc., is already available to them. privilege to harvest fish in a fishery that section 553 of this title [5 USCS § 553], Depending on circumstances, the FFP is federally managed under a limited or any other law, to publish general may require other supporting access system. notice of proposed rulemaking for any documents, including financial (2) Limited access system has the proposed rule, or publishes a notice of statements, property descriptions, and same meaning given to that term in proposed rulemaking for an other documents that can be acquired at section 3 of the Magnuson-Stevens interpretative rule involving the internal reasonable cost if they are not already Fishery Conservation and Management revenue laws of the United States, the available. Act (16 U.S.C. 1802). agency shall prepare and make available FFP lending is a source of long-term, (3) [Reserved] for public comment an initial regulatory fixed rate capital financing and imposes (b) Loan Requirements and flexibility analysis. Such analysis shall no regulatory requirements on anyone Limitations. These loan requirements describe the impact of the proposed rule other than those applying for loans. FFP and limitations apply to individuals or on small entities.’’ 5 U.S.C. 603(a). borrowers make a voluntary decision to entities who seek to finance or refinance However, where an agency can certify use the available lending. the acquisition of harvesting rights. ‘‘that the rule will not, if promulgated, These loan programs will only have (1) The borrower must meet all have a significant economic impact on positive impacts on borrowers. Because regulatory and statutory requirements to a substantial number of small entities’’ participation is voluntary and requires hold the harvesting rights at the time then an agency need not undertake a effort and the outlay of an application any such loan or refinancing loan would full regulatory flexibility analysis. 5 fee, borrowers for harvesting rights close. U.S.C. 605(b). financing are assumed to have made a (2) NMFS will accept and consider Participation in the FFP is entirely determination that using FFP financing the input of a Regional Fishery voluntary. This action imposes no provides a benefit, such that the FFP’s Management Council at any time mandatory requirements on any long-term, fixed rate financing provides regarding the availability of loans in a business. Once final, this proposed rule only a positive economic impact. fishery under the Council’s authority.
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(i) The Council may submit an interest. The Program, at its option, may submitted in writing on or before explanation to NMFS, in writing, as to also require all parties with significant December 15, 2017. why the availability of financing for ownership interests to personally ADDRESSES: You may submit comments harvesting rights in a fishery would guarantee loan repayment for any on this document, identified by NOAA– harm the achievement of the goals and borrower that is a corporation, NMFS–2017–0052, by any of the objectives of the Fishery Management partnership, or other entity, including following methods: Plan applicable to the fishery. If NMFS collateral to secure the guarantees. Some • Electronic Submission: Submit all accepts the Council’s reasoning, projects may require additional security, electronic public comments via the harvesting rights loans will not be collateral, or credit enhancement as Federal e-Rulemaking Portal. Go to provided, or will cease to be provided, determined, in the sole discretion, by http://www.regulations.gov/ in that fishery. the Program. #!docketDetail;D=NOAA-NMFS-2017- (ii) If NMFS determines that (g) Program credit standards. 0052, click the ‘‘Comment Now!’’ icon, harvesting rights loans will not be Harvesting rights loans, regardless of complete the required fields, and enter provided in a fishery, NMFS will purpose, are subject to all Program or attach your comments. publish a notice in the Federal Register general credit standards and • Mail: Submit written comments to notifying the public that new loans will requirements. Collateral, guarantee and Lyle Enriquez, NMFS West Coast not be made in that fishery. other requirements may be adjusted to Region, 501 W. Ocean Blvd., Suite 4200, (iii) In such a scenario, pending individual credit risks. Long Beach, CA 90802. Include the applications will be returned and loan [FR Doc. 2017–23570 Filed 10–30–17; 8:45 am] identifier ‘‘NOAA–NMFS–2017–0052’’ in the comments. fees returned as exceptional BILLING CODE 3510–22–P circumstances justify the action. Instructions: Comments must be (3) The harvesting rights to be submitted by one of the above methods financed must be issued in a manner in DEPARTMENT OF COMMERCE to ensure they are received, which they can be individually documented, and considered by NMFS. identified such that a valid and specific National Oceanic and Atmospheric Comments sent by any other method, to security interest can be recorded. This Administration any other address or individual, or determination shall be solely made by received after the end of the comment the Program. 50 CFR Part 660 period, may not be considered. All (c) Refinancing. (1) The Program may comments received are a part of the refinance any existing debts associated [Docket No. 170817773–7905–1] public record and will generally be with harvesting rights a borrower RIN 0648–BG81 posted for public viewing on currently holds, provided that: www.regulations.gov without change. (i) The harvesting rights being Fisheries Off West Coast States; All personal identifying information refinanced would have been eligible for Highly Migratory Fisheries; California (e.g., name, address, etc.) submitted Program financing at the time the Drift Gillnet Fishery; Implementation of voluntarily by the sender will be borrower purchased them, if Program a Federal Limited Entry Drift Gillnet publicly accessible. Do not submit financing had been available, Permit confidential business information, or (ii) The borrower meets all other AGENCY: National Marine Fisheries otherwise sensitive or protected applicable lending requirements, and Service (NMFS), National Oceanic and information. NMFS will accept (iii) The refinancing is in an amount anonymous comments (enter ‘‘N/A’’ in up to 80 percent of the harvesting rights’ Atmospheric Administration (NOAA), Commerce. the required fields if you wish to remain current market value, as determined at anonymous). ACTION: the sole discretion of the Program, and Proposed rule; request for Written comments regarding the subject to the limitation that the comments. burden-hour estimates or other aspects Program will not disburse any amount SUMMARY: NMFS is proposing of the collection-of-information that exceeds the outstanding principal regulations under the authority of the requirements contained in this proposed balance, plus accrued interest (if any), of Magnuson-Stevens Fishery rule may be submitted to the West Coast the existing harvesting rights’ debt being Conservation and Management Act Regional Office and by email to OIRA_ refinanced or its fair market value, (MSA) to implement a March 2017 [email protected] or fax to (202) whichever is less. recommendation by the Pacific Fishery 395–5806. (2) In the event that the current Management Council (Council) to Copies of the draft Regulatory Impact market value of harvesting rights and amend the Fishery Management Plan for Review and other supporting documents principal loan balance do not meet the U.S. West Coast Fisheries for Highly are available via the Federal 80 percent requirement in paragraph Migratory Species (HMS FMP). The eRulemaking Portal: http:// (1)(iii) of this section, borrowers seeking proposed rule would bring the State of www.regulations.gov, docket NOAA– refinancing may be required to provide California’s limited entry (LE) drift NMFS–2017–0052 or by contacting the additional down payment. gillnet (DGN) permit program under Regional Administrator, Barry Thom, (d) Maturity. Loan maturity may not MSA authority. All current California NMFS West Coast Region, 1201 NE exceed 25 years, but may be shorter DGN permit holders would be eligible to Lloyd Blvd., Portland, OR 97232–2182, depending on credit and other apply for, and receive, a Federal DGN or RegionalAdministrator.WCRHMS@ considerations. noaa.gov. (e) Repayment. Repayment will be by permit, and no additional DGN permits equal quarterly installments of principal would be created. The proposed rule is FOR FURTHER INFORMATION CONTACT: Lyle and interest. administrative in nature and is not Enriquez, NMFS, West Coast Region, (f) Security. Although harvesting anticipated to result in increased 562–980–4025, or Lyle.Enriquez@ right(s) will be the primary collateral for activity, effort, or capacity in the noaa.gov. a loan, the Program may require fishery. SUPPLEMENTARY INFORMATION: The HMS additional security pledges to maintain DATES: Comments on the proposed rule FMP was prepared by the Council and the priority of the Program’s security and supporting documents must be is implemented under the authority of
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the MSA by regulations at 50 CFR part possession of a current and up-to-date vesting period would extend across both 660. Although it adopted all State of California LE DGN permit is the state and Federal permit programs (i.e., conservation and management measures only permit required to initially obtain if a permit holder held a state LE DGN in place under various Federal statutes a Federal LE DGN permit. permit for two years and a Federal LE (e.g., the Marine Mammal Protection Act This proposed rule would adopt many DGN permit for one year, the permit and the Endangered Species Act) and of the current State of California may be transferred). state regulations, the HMS FMP did not management measures associated with This proposed rule also includes incorporate the LE DGN permit the fishery. For example, NMFS would technical edits to existing regulatory programs of California and Oregon. adopt current California requirements text. These edits add the word ‘‘general’’ Currently, the large-mesh DGN fishery regarding the assignment of a permit before instances of ‘‘HMS permit’’ to (14’’ minimum mesh size) is Federally (i.e., permits would be issued to an distinguish the existing HMS permit managed under the HMS FMP and via individual and assigned to a specific from the new LE DGN permit; update a regulations of the states of California vessel), the transfer of permits between web address from which permit and Oregon to conserve target and non- permit holders (i.e., a permit must be applications may be obtained; update target stocks, including protected held for three years before it is eligible the reference to the NMFS ‘‘Southwest species that are incidentally captured. to be transferred), and an annual Region’’ to refer to the West Coast (California has an active LE DGN renewal cycle. Region, into which it was incorporated; program, Oregon no longer issues DGN Upon the date of publication of the and update the description of the NMFS permits, and DGN fishing is prohibited final rule, all 70 state-eligible permit regional ‘‘Sustainable Fisheries in Washington.) holders would be eligible to receive a Division’’ to describe it as part of the Since 2014, the Council has Federal DGN permit if they have West Coast Region. considered transitioning California’s LE renewed their state DGN permit by Classification DGN permit program from state to MSA March 31, 2018. Permit holders who fail authority. On March 12, 2017, the to renew their state DGN permit by Pursuant to section 304 (b)(1)(A) of Council adopted a final preferred March 31, 2018, will not be eligible for the MSA, the NMFS West Coast alternative that would amend the HMS a Federal DGN permit. As of August 31, Regional Administrator has determined FMP and transition the State of 2017, 67 permit holders have renewed that this proposed rule is consistent California LE DGN permit program from their state LE DGN permit. If a state LE with the HMS FMP, other provisions of state management to Federal DGN permit is transferred after the MSA, and other applicable law, management under MSA authority and publication of the proposed rule, the subject to further consideration after entitle all fishermen authorized to fish transferee, but not the transferor, would public comment. with large-mesh DGN gear under state be eligible to receive a Federal LE DGN This proposed rule has been law to be eligible to receive a Federal LE permit upon publication of the final determined to be not significant for DGN permit. As of August 31, 2017, 70 rule. purposes of Executive Order 12866. California LE DGN permits were issued Federal LE DGN permits would be This proposed rule is not an Executive for the 2016–2017 fishing season, and issued annually for the fishing year Order 13771 regulatory action because 67 have been renewed for the 2017– starting April 1 and ending March 31 of this proposed rule is not significant 2018 fishing season. The average the following year. Permits would under Executive Order 12866. number of active DGN vessels per year expire on March 31 of each year and, This proposed rule contains a from 2010 through 2016 is 20 vessels. after initial issuance (expected in 2018), collection-of-information requirement The action would neither increase the permit renewal deadline would be subject to the Paperwork Reduction Act capacity within the DGN fishery, nor April 30 of each fishing year. A (PRA) and which has been approved by would it incentivize or stimulate fishing completed DGN permit renewal form OMB under control number 0648–0204. effort or activity of current latent must be received by NMFS no later than Public reporting burden for the permits. After the initial issuance of close-of-business April 30. Any renewal additional collection of information is Federal DGN permits, no additional form received after that date would estimated to average thirty minutes per permits would be issued, and permits result in the permanent expiration of the form, including time for reviewing that are not renewed in future years Federal DGN permit. A permit owner instructions, gathering the information would permanently expire. NMFS who fails to submit a renewal form by needed, and completing and reviewing would not reissue the expired permits. the deadline may submit a renewal form the collection of information. Send In order to participate in the DGN to NMFS with a written statement that comments regarding this burden fishery, current participants must the failure to renew the permit by the estimate, or any other aspect of this data possess a State of California LE DGN deadline was proximately caused by the collection, including suggestions for permit, a California commercial fishing permit owner’s illness or injury. When reducing the burden, to NMFS (see license, a California general gill/ a permit owner has died, the owner’s ADDRESSES) and by email to OIRA_ trammel net permit, and a California estate or other personal representative [email protected], or fax to swordfish permit. Additionally, the may submit a statement explaining that (202) 395–5806. vessel that the participant fishes from the permit owner’s death has prevented Notwithstanding any other provision must have a Federal Pacific Highly a timely renewal. The permit holder, or of the law, no person is required to Migratory Species (HMS) permit with a in the case of a deceased permit owner, respond to, nor shall any person be DGN gear endorsement. After the LE the estate or other personal subject to a penalty for failure to comply DGN permit transitions from the State of representative, will need to provide with, a collection of information subject California to Federal management, each written proof of illness, injury or death. to the requirements of the PRA, unless participant will need to hold all the NMFS will not consider any such that collection of information displays a same permits and licenses, except that renewal request made after July 31. A currently valid OMB Control Number. the Federal LE DGN permit will take the permit holder would need to hold a All currently approved NOAA place of the State of California LE DGN Federal LE DGN permit for a vesting collections of information may be permit. Although these permits and period of at least three years before it viewed at: http://www.cio.noaa.gov/ licenses would be required to fish, would be eligible to be transferred. This services_programs/prasubs.html.
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The Chief Counsel for Regulation of $469.25. There are three likely scenarios Authority: 16 U.S.C. 1801 et seq., 16 the Department of Commerce certified associated with implementing a Federal U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. to the Chief Counsel for Advocacy of the LE DGN permit, discussed below; in ■ 2. In § 660.702, revise the definition of Small Business Administration that this each scenario, the economic effects are ‘‘Sustainable Fisheries Division’’ to read proposed rule, if adopted, would not not significant, as they would lead to as follows: have a significant economic impact on either a reduction in costs or an * * * * * a substantial number of small entities. insignificant increase in costs. Sustainable Fisheries Division (SFD) The proposed rule is administrative in In the first scenario, fishermen would means the Assistant Regional nature and adopts current State of acquire a Federal LE DGN permit. If the Administrator for Sustainable Fisheries, California permit requirements as they State of California does not amend its West Coast Region, NMFS, or his or her relate to the DGN fishery. This action is regulations and continues to require that designee. not expected to increase capacity, fishermen purchase a State of California incentivize or stimulate fishing effort or * * * * * LE DGN permit (with the swordfish ■ 3. In § 660.707, revise paragraphs activity of current latent permits, or permit included), the cost increase change current fishing practices. (a)(1), (a)(4), (b)(1), (b)(3), (b)(4), and (e), would be only the additional cost of the and add paragraph (f) to read as follows: For Regulatory Flexibility Act (RFA) Federal LE DGN permit. In the second purposes only, NMFS has established a scenario, if fishermen purchase a § 660.707 Permits. small business size standard for Federal LE DGN permit and state (a) * * * businesses, including their affiliates, regulations are amended to no longer (1) A commercial fishing vessel of the whose primarily industry is commercial require the State of California LE DGN United States must be registered for use fishing (50 CFR 200.2). A business permit, but either a swordfish permit is under a general HMS permit that primarily involved in commercial still required or fishermen continue authorizes the use of specific gear, and fishing (NAICS 11411) is classified as a participating in the harpoon or hook- a recreational charter vessel must be small business if it is independently and-line fishery, there would be a cost registered for use under a HMS permit owned and operated, is not dominant in increase equal to the cost of the Federal if that vessel is used: its field of operation (including its LE DGN permit, while the savings from (i) To fish for HMS in the U.S. EEZ affiliates), and its combined annual not purchasing the state LE DGN permit off the States of California, Oregon, and receipts are not in excess of $11 million would be offset by the cost of Washington; or for all of its affiliated operations purchasing the swordfish permit. In the (ii) To land or transship HMS worldwide. NMFS has determined that third scenario, if fishermen purchase a shoreward of the outer boundary of the all current participants in the DGN Federal LE DGN permit, a state LE DGN U.S. EEZ off the States of California, fishery are small entities under the permit is no longer required, and either Oregon, and Washington. NMFS standard. The average ex-vessel a swordfish permit is not required or revenue for the U.S. West Coast DGN * * * * * fishermen do not participate in the (4) Only a person eligible to own a fishery from 2011 to 2015 is $745,600, harpoon or hook-and-line fishery, the with an average of 20 vessels documented vessel under the terms of fishermen would realize a cost savings, 46 U.S.C. 12102(a) may be issued or participating per year. Therefore, the and the amount of cost savings would average ex-vessel revenue per active may hold (by ownership or otherwise) a equal the difference between the cost of participant is $37,280. The increase in general HMS permit. the state LE DGN permit ($469.25) and administrative costs, if any, resulting (b) * * * the cost of the Federal LE DGN permit from this action would be less than 1% (1) Following publication of the final (expected to be less than $100). of ex-vessel revenues per active rule implementing the FMP, NMFS will As noted above, all entities subject to participant. In addition, because each issue general HMS permits to the this action are considered small entities affected entity is a small business, there owners of those vessels on a list of for RFA purposes. Based on the analysis would be no disproportionate economic vessels obtained from owners impacts between large and small provided above, the proposed action, if previously applying for a permit under entities. adopted, would not have a significant the authority of the High Seas Fishing Currently, participants must possess a adverse economic impact on these small Compliance Act, the Tuna Conventions Federal Pacific Highly Migratory business entities. As a result, an initial Act of 1950, the Marine Mammal Species (HMS) permit ($30), as well as regulatory flexibility analysis is not Protection Act, and the Fishery a State of California commercial fishing required and none has been prepared. Management Plan for Pelagic Fisheries license ($136.99), a California general List of Subjects in 50 CFR Part 660 of the Western Pacific Region, or whose gill/trammel net permit ($469.25), and a vessels are listed on the vessel register California LE DGN permit ($469.25) that Fisheries, Fishing, Reporting, and of the Inter-American Tropical Tuna includes a swordfish permit for fishing recordkeeping requirements. Commission. with hook-and-line or harpoon. If a Dated: October 25, 2017. * * * * * fisherman does not participate in the Samuel D. Rauch, III, (3) An owner of a vessel subject to DGN fishery, but participates in the Deputy Assistant Administrator for these requirements who has not harpoon or hook-and-line fishery, they Regulatory Programs, National Marine received a permit under this section must purchase a swordfish permit for Fisheries Service. from NMFS and who wants to engage in $469.25. If this action is implemented, For the reasons set out in the the fisheries must apply to the SFD for fishermen would receive a Federal LE preamble, 50 CFR part 660 is proposed the required permit in accordance with DGN permit. The fee for a Federal LE to be amended as follows: the following: DGN permit would be determined by (i) A West Coast Region Federal only the administrative cost of issuing PART 660—FISHERIES OFF WEST Fisheries application form may be the permit, and it is expected that the COAST STATES obtained from the SFD or downloaded Federal LE DGN permit would cost less from the West Coast Region home than $100, which is far less than the ■ 1. The authority citation for part 660 page (http:// California LE DGN permit cost of continues to read as follows: www.westcoast.fisheries.noaa.gov/
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permits/commercial_fishing_research_ personally or be represented by counsel March 31, 2018, the permit holder is not permits.html) to apply for a permit at the hearing and submit information eligible to receive a 2018–2019 Federal under this section. A completed and present arguments as determined limited entry DGN permit. application is one that contains all the appropriate by the hearing officer. (3) Documentation and burden of necessary information and signatures Within 30 days of the last day of the proof. An individual applying for required. hearing, the hearing officer shall issuance, renewal, transfer, or (ii) A minimum of 15 days should be recommend in writing a decision to the assignment of a Federal limited entry allowed for processing a permit Regional Administrator. DGN permit must prove that they meet application. If an incomplete or (E) The Regional Administrator may the qualification requirements by improperly completed application is adopt the hearing officer’s submitting the following filed, the applicant will be sent a notice recommended decision, in whole or in documentation, as applicable: A of deficiency. If the applicant fails to part, or may reject or modify it. In any certified copy of the assigned vessel’s correct the deficiency within 30 days event, the Regional Administrator will documentation as a fishing vessel of the following the date of notification, the notify interested persons of the United States (U.S. Coast Guard or state) application will be considered decision, and the reason(s) therefore, in is the best evidence of vessel abandoned. writing, within 30 days of receipt of the identification; a copy of a current State (iii) A permit will be issued by the hearing officer’s recommended decision. of California limited entry DGN permit SFD. If an application is denied, the The Regional Administrator’s decision is the best evidence of initial SFD will indicate the reasons for denial. will constitute the final administrative qualification for a Federal limited entry (iv) Appeals. (A) Any applicant for an action by NMFS on the matter. DGN permit; a copy of a written contract initial permit may appeal the initial (F) Any time limit prescribed in this reserving or conveying limited entry issuance decision to the Regional section may be extended for a period rights is the best evidence of reserved or Administrator. To be considered by the not to exceed 30 days by the Regional acquired rights; and other relevant, Regional Administrator, such appeal Administrator for good cause, either credible evidence that the applicant must be in writing and state the reasons upon his or her own motion or upon may wish to submit or that the SFD may for the appeal, and must be submitted written request from the appellant request or require. within 30 days of the action by the stating the reason(s) therefore. (4) Fees. Any processing fee will be Regional Administrator. The appellant (4) General HMS permits issued under determined by the service costs needed may request an informal hearing on the this subpart will remain valid until the to process a permit request. If a fee is appeal. first date of renewal, and permits may required, it would cover administrative (B) Upon receipt of an appeal expenses related to issuing limited entry authorized by this section, the Regional be subsequently renewed for 2-year terms. The first date of renewal will be permits, as well as renewing, Administrator will notify the permit transferring, assigning, and replacing applicant, or permit holder as the last day of the vessel owner’s birth month in the second calendar year after permits. The amount of any fee will be appropriate, and will request such calculated in accordance with the additional information and in such form the permit is issued (e.g., if the birth month is March and the permit is issued procedures of the NOAA Finance as will allow action upon the appeal. Handbook for determining the (C) Upon receipt of sufficient on October 3, 2007, the permit will remain valid through March 31, 2009). administrative costs of each special information, the Regional Administrator product or service. A fee may not will decide the appeal in accordance * * * * * exceed such costs and is specified with with the permit provisions set forth in (e) Fees. An application for a permit, each application form. The appropriate this section at the time of the or renewal of an existing permit under fee must accompany each application. application, based upon information this section will include a fee for each (5) Initial decisions. (i) The SFD will relative to the application on file at vessel. The fee amount required will be make initial decisions regarding issuing, NMFS and the Council and any calculated in accordance with the renewing, transferring, and assigning additional information submitted to or NOAA Finance Handbook and specified limited entry permits. obtained by the Regional Administrator, on the application form. (ii) Adverse decisions shall be in the summary record kept of any hearing (f) Federal Limited Entry Drift Gillnet writing and shall state the reasons for and the hearing officer’s recommended Permit. the adverse decision. decision, if any, and such other (1) General. This section applies to (iii) The SFD may decline to act on an considerations as the Regional individuals fishing with large-mesh (14 application for issuing, renewing, Administrator deems appropriate. The inch or greater stretched mesh) drift transferring, or assigning a limited entry Regional Administrator will notify all gillnet (DGN) gear. Individuals who permit and will notify the applicant, if interested persons of the decision, and target, retain, transship, or land fish the permit sanction provisions of the the reasons for the decision, in writing, captured with a large-mesh DGN must Magnuson-Stevens Act at 16 U.S.C. normally within 30 days of the receipt possess a valid Federal limited entry 1858(a) and implementing regulations at of sufficient information, unless DGN permit. Federal limited entry DGN 15 CFR part 904, subpart D, apply. additional time is needed for a hearing. permits are issued to an individual, and (6) Issuance. Federal limited entry (D) If a hearing is requested, or if the a vessel must be specified on the permit. DGN permits will be issued by the SFD. Regional Administrator determines that (2) Initial Qualification. Upon If an application is denied, the SFD will one is appropriate, the Regional publication of NMFS’ final rule to indicate the reasons for denial. A DGN Administrator may grant an informal establish the Federal limited entry DGN permit will be issued to an individual hearing before a hearing officer permit, all State of California limited and assigned to a specific vessel. A designated for that purpose after first entry DGN permit holders are eligible to permit holder may assign the permit to giving notice of the time, place, and obtain a Federal limited entry DGN another vessel once per permit year subject matter of the hearing to the permit. If a 2017–2018 California state (April 1 to March 31). applicant. The appellant, and, at the DGN permit renewal application is not (7) Appeals. Any applicant for an discretion of the hearing officer, other received by the California Department of initial permit may appeal the initial interested persons, may appear Fish and Wildlife or postmarked by issuance decision to the Regional
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Administrator. Appeals will be made July 31 (three months after the renewal if the deceased permit owner was and processed following procedures as application deadline) and NMFS subject to the owner on-board described at paragraph (b)(3)(iv) of this determines that failure to renew was requirements, the estate of the deceased section. proximately caused by illness, injury, or permit owner may send a letter to (8) Transfers. Federal limited entry death of the permit owner. If the permit NMFS with a copy of the death DGN permits may be transferred to expires, it will be forfeited and NMFS certificate, requesting an exemption another individual only if the current will not reissue the permit to anyone. from the owner-on-board requirements. permit holder has held the Federal DGN (10) Owner on-board requirement. (i) An exemption due to death of the permit for a minimum of three Except as provided in paragraphs (ii) permit owner will be effective only until consecutive years (counted April 1 to through (v), the DGN permit holder such time that the estate of the deceased March 31 of the following year). At the must be on-board the vessel and in permit owner has registered the time of the establishment of the Federal possession of a valid Federal limited deceased permit owner’s permit to a limited entry DGN permit system, the entry DGN permit when engaged in beneficiary, transferred the permit to length of time an individual has held a DGN fishing activity. another owner, or three years after the State of California limited entry DGN (ii) A permit holder may designate date of death as proven by a death permit carries over (e.g., if an individual another individual to fish under their certificate, whichever is earliest. An has held a California DGN permit for permit for up to 15 days per fishing year exemption from the owner-on-board two years, they are eligible to transfer (April 1 to March 31 of the following requirement will be conveyed in a letter the Federal DGN permit after holding year); the substitute must comply with from NMFS to the estate of the permit the Federal DGN permit for one year). all other Federal permitting owner and is required to be on the Exceptions to this limitation on permit requirements. A permit holder shall vessel during DGN fishing operations. transfer may be made under the notify NMFS of a substitution at least 24 (v) Evidence of illness or injury that following circumstances: hours prior to the commencement of the prevents the permit owner from (i) The permit holder suffers from a trip. serious illness or permanent disability participating in the fishery shall be (iii) If the person who owns a Federal that prevents the permit holder from provided to NMFS in the form of a letter DGN permit is prevented from being on- earning a livelihood from commercial from a certified medical practitioner. board a fishing vessel because the fishing. This letter must detail the relevant person died, is ill, or is injured, NMFS (ii) If a deceased permit holder’s medical conditions of the permit owner may allow an exemption to the owner estate or heirs submit a transfer request and how those conditions prevent the on-board requirement for more than 15 within six months of the permit holder’s permit owner from being on-board a days. The person requesting the death. fishing vessel during DGN fishing. An exemption must send a letter to NMFS (iii) Upon dissolution of marriage if exemption due to injury or illness will requesting an exemption from the owner the permit is held as community be effective only for the fishing year of on-board requirements, with property. the request for exemption. In order to (9) Renewals. (i) The SFD will send appropriate evidence as described at paragraph (f)(10)(iv) or (v) of this extend a medical exemption for a notices to renew limited entry permits succeeding year, the permit owner must to the most recent address of the permit section. All exemptions for death, injury, or illness will be evaluated by submit a new request and provide holder on file. documentation from a certified medical (ii) The permit owner is responsible NMFS and a decision will be made in writing to the permit owner (or, in the practitioner detailing why the permit for renewing a limited entry permit. owner is still unable to be on-board a (iii) The deadline for receipt or case of the death of the permit owner, fishing vessel. An exemption from the postmark of a Federal DGN permit to the estate or heirs of the permit owner-on-board requirement will be renewal application is April 30 of the owner) within 60 calendar days of conveyed in a letter from NMFS to the permit year (i.e., April 30, 2019 for receipt of the original exemption permit owner and is required to be on 2019–2020 fishing season). Federal DGN request. the vessel during DGN fishing permits must be renewed yearly. (iv) Evidence of death of the permit (iv) A DGN permit that is allowed to owner shall be provided to NMFS in the operations. expire will not be renewed unless the form of a copy of a death certificate. In [FR Doc. 2017–23571 Filed 10–30–17; 8:45 am] permit owner requests reissuance by the interim before the estate is settled, BILLING CODE 3510–22–P
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Notices Federal Register Vol. 82, No. 209
Tuesday, October 31, 2017
This section of the FEDERAL REGISTER Dated: October 24, 2017. potential persons who are to respond to contains documents other than rules or Paulette Murray, the collection of information that such proposed rules that are applicable to the Supervisory, Records Information persons are not required to respond to public. Notices of hearings and investigations, Management Specialist, Bureau for the collection of information unless it committee meetings, agency decisions and Management Office of Management Services, displays a currently valid OMB control rulings, delegations of authority, filing of Information and Records Division. petitions and applications and agency number. [FR Doc. 2017–23523 Filed 10–30–17; 8:45 am] statements of organization and functions are Animal Plant and Health Inspection BILLING CODE 6116–01–P examples of documents appearing in this Service section. Title: Plants for Planting Regulation. DEPARTMENT OF AGRICULTURE OMB Control Number: 0579–0190. AGENCY FOR INTERNATIONAL Summary of Collection: Under the DEVELOPMENT Submission for OMB Review; Plant Protection Act (PPA) (7 U.S.C. Comment Request 7701—et seq), the Secretary of Notice of Public Information Collection Agriculture is authorized to prohibit or Requirements Submitted to OMB for October 25, 2017. restrict the importation, entry, Review The Department of Agriculture has exportation, or movement in interstate submitted the following information commerce of plant pests and other SUMMARY: U.S. Agency for International collection requirement(s) to OMB for articles, to prevent the introduction of Development (USAID) has submitted review and clearance under the plant pests into the United States. The the following information collection to Paperwork Reduction Act of 1995, regulations in 7 CFR part 319 prohibits OMB for review and clearance under the Public Law 104–13. Comments are or restricts the importation of certain Paperwork Reduction Act of 1995. requested regarding (1) whether the plants and plants products into the collection of information is necessary DATES: Comments regarding this United States to prevent the for the proper performance of the information collection are best assured introduction of plant pests and noxious functions of the agency, including of having their full effect if received by weeds. The regulations contained in whether the information will have November 30, 2017. ‘‘Subpart-Plants for Planting,’’ §§ 319.37 practical utility; (2) the accuracy of the ADDRESSES: Comments should be through 319.37–14, restrict, among other agency’s estimate of burden including things, the importation of living plants, addressed to: Desk Officer for USAID, the validity of the methodology and Office of Information and Regulatory plant parts, and seed for propagation. assumptions used; (3) ways to enhance The nursery stock regulations require Affairs, Office of Management and the quality, utility and clarity of the the Animal and Plant Health Inspection Budget (OMB), 725 17th Street NW., information to be collected; and (4) Service (APHIS) to collect information Washington, DC 20503 or email address: ways to minimize the burden of the from a variety of individuals who are OIRA [email protected]. collection of information on those who involved in growing, exporting, and Copies of submission may be obtained are to respond, including through the by calling (202) 712–5007. importing nursery stock. use of appropriate automated, Need and Use of the Information: SUPPLEMENTARY INFORMATION: electronic, mechanical, or other APHIS will collect information to OMB Number: OMB 0412–XXXX. technological collection techniques or ensure that plant pests are not Form Number: AID Form 507–1. other forms of information technology. introduced into the United States. The Comments regarding this information Title: Certification of Identity Form. information APHIS collects serves as the collection received by November 30, supporting documentation needed to Type: Renewal and from name change 2017 will be considered. Written issue required PPQ forms and for Information Collection. comments should be addressed to: Desk documents that allow importation of Purpose: The purpose of the Officer for Agriculture, Office of nursery stock. APHIS requires a permit collection is to enable the U.S. Agency Information and Regulatory Affairs, for the restricted articles to ensure that for International Development to locate Office of Management and Budget plant pest and plant diseases are not applicable records and to respond to (OMB), New Executive Office Building, introduced into the United States. requests made under the Freedom of 725 17th Street NW., Washington, DC APHIS uses this information to Information Act and the Privacy Act of 20502. Commenters are encouraged to implement and invoke the requirements 1974. Information includes sufficient submit their comments to OMB via of the Plant Protection Act. personally identifiable information and/ email to: OIRA_Submission@ or source documents as applicable. Description of Respondents: Business OMB.EOP.GOV or fax (202) 395–5806 or other for-profit; Federal Government. Failure to provide the required and to Departmental Clearance Office, information may result in no action Number of Respondents: 44. USDA, OCIO, Mail Stop 7602, Frequency of Responses: Reporting: being taken on the request. Authority to Washington, DC 20250–7602. Copies of collect this information is contained in On occasion. the submission(s) may be obtained by Total Burden Hours: 5,557. 5 U.S.C. 552, 5 U.S.C. 552a, and 22 CFR calling (202) 720–8958. 215.4. An agency may not conduct or Ruth Brown, Annual Reporting Burden: sponsor a collection of information Departmental Information Collection Respondents: 600. unless the collection of information Clearance Officer. Total annual responses: 600. displays a currently valid OMB control [FR Doc. 2017–23572 Filed 10–30–17; 8:45 am] Total annual hours requested: 9,000. number and the agency informs BILLING CODE 3410–34–P
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DEPARTMENT OF AGRICULTURE email. Requests should be emailed to total burden hours, total number of [email protected]. respondents, or burden-hours per Forest Service FOR FURTHER INFORMATION CONTACT: respondent) and are low-cost for both Nicholas DiProfio, Directives and the respondents and the Federal Information Collection; Generic Regulations Staff, Office of Regulatory Government; Clearance for the Collection of • and Management Services, by phone The collections are Qualitative Feedback on Agency (202) 205–1082 or by email at noncontroversial and do not raise issues Service Delivery [email protected]. Individuals who of concern to other Federal agencies; • Any collection is targeted to the AGENCY: Forest Service, USDA. use telecommunication devices for the solicitation of opinions from ACTION: Notice; request for comment. deaf (TDD) may call the Federal Relay Service (FRS) at 1–800–877–8339 respondents who have experience with SUMMARY: In accordance with the twenty-four hours a day, every day of the program or may have experience with the program in the near future; Paperwork Reduction Act of 1995, the the year, including holidays. • Forest Service is seeking comments Personally identifiable information SUPPLEMENTARY INFORMATION: (PII) is collected only to the extent from all interested individuals and Title: Generic Clearance for the organizations on the extension with no necessary and is not retained; Collection of Qualitative Feedback on • Information gathered is intended to revision of a currently approved Agency Service Delivery. be used only internally for general information collection, Generic OMB Number: 0596–0226. service improvement and program Clearance for the Collection of Expiration Date of Approval: 4/30/ management purposes and is not Qualitative Feedback on Agency Service 2018. intended for release outside of the Delivery. Type of Request: Extension without agency (if released, the agency must DATES: Comments must be received in change of a currently approved indicate the qualitative nature of the writing on or before January 2, 2018 to information collection. information); be assured of consideration. Comments Abstract: This information collection • Information gathered will not be received after that date will be activity provides a means to garner used for the purpose of substantially considered to the extent practicable. qualitative customer and stakeholder informing influential policy decisions; ADDRESSES: Comments concerning this feedback in an efficient, timely manner, and notice should be addressed to the in accordance with the Agency’s • Information gathered will yield Assistant Director—Directives and commitment to improve service qualitative information; the collections Regulations, Office of Regulatory and delivery. By qualitative feedback we will not be designed or expected to Management Services, Mail Stop 1150, mean information that provides useful yield statistically reliable results or used USDA Forest Service, 1400 insights on perceptions and opinions, as though the results are generalizable to Independence Avenue SW., but are not statistical surveys that yield the population of study. Feedback Washington, DC 20250. Comments also quantitative results that can be collected under this generic clearance may be submitted via facsimile to (703) generalized to the population of study. provides useful information, but it does 605–1575, or by email to ndiprofio@ This feedback will provide insights not yield data that can be generalized to fs.fed.us. into customer or stakeholder the overall population. Comments submitted in response to perceptions, experiences and This type of generic clearance for this notice may be made available to the expectations, provide an early warning qualitative information will not be used public through relevant Web sites and of issues with service, or focus attention for quantitative information collections upon request. For this reason, please do on areas where communication, training that are designed to yield reliably not include in your comments or changes in operations might improve actionable results, such as monitoring information of a confidential nature, delivery of products or services. These trends over time or documenting such as sensitive personal information collections will allow for ongoing, program performance. Such data uses or proprietary information. If you send collaborative and actionable require more rigorous designs that an email comment, your email address communications between the Agency address: The target population to which will be automatically captured and and its customers and stakeholders. It generalizations will be made, the included as part of the comment that is will also allow feedback to contribute sampling frame, the sample design placed in the public docket and made directly to the improvement of program (including stratification and clustering), available on the Internet. Please note management. The solicitation of the precision requirements or power that responses to this public comment feedback will target areas such as: calculations that justify the proposed request containing any routine notice Timeliness, appropriateness, accuracy sample size, the expected response rate, about the confidentiality of the of information, courtesy, efficiency of methods for assessing potential communication will be treated as public service delivery, and resolution of nonresponse bias, the protocols for data comments that may be made available to issues with service delivery. Responses collection, and any testing procedures the public notwithstanding the will be assessed to plan and inform that were or will be undertaken prior to inclusion of the routine notice. efforts to improve or maintain the fielding the study. Depending on the The public may inspect the draft quality of service offered to the public. degree of influence the results are likely supporting statement and/or comments If this information is not collected, to have, such collections may still be received at Forest Service, USDA, 201 vital feedback from customers and eligible for submission for other generic 14th Street SW., Washington, DC 20250, stakeholders on the Agency’s services mechanisms that are designed to yield 1st floor CE, during normal business will be unavailable. The Agency will quantitative results. hours. Visitors are encouraged to call only submit a collection for approval As a general matter, information ahead to (202) 205–1082 to facilitate under this generic clearance if it meets collections will not result in any new entry to the building. The public may the following conditions: system of records containing privacy request an electronic copy of the draft • The collections are voluntary; information and will not ask questions supporting statement and/or any • The collections are low-burden for of a sensitive nature, such as sexual comments received be sent via return respondents (based on considerations of behavior and attitudes, religious beliefs,
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and other matters that are commonly p.m. (Eastern) for the purpose of a work of this Committee are directed to considered private. discussion and vote for approval on the the Commission’s Web site, http:// Type of Respondents: Individuals and draft report of Broken Windows www.usccr.gov, or may contact the Households, Business and Policing. Midwestern Regional Office at the above Organizations, State, Local or Tribal DATES: The meeting will be held on email or street address. Government. Thursday, November 9, 2017, at 12:00 Agenda Estimate of Burden per Response: 1 to p.m. EST. 60 Minutes. Public Call Information: Dial: 877– Welcome and Roll Call Estimated Annual Number of 852–6576, Conference ID: 9818903. Discussion on Draft Report Future Plans and Actions Respondents: 3,500,000. FOR FURTHER INFORMATION CONTACT: Estimated Annual Number of Public Comment David Barreras, DFO, at dbarreras@ Adjournment Responses per Respondent: 1. usccr.gov or 312–353–8311. Estimated Total Annual Burden on SUPPLEMENTARY INFORMATION: Members David Mussatt, Respondents: 875,000 hours. of the public can listen to the Supervisory Chief, Regional Programs Unit. Comment is Invited: discussion. This meeting is available to [FR Doc. 2017–23575 Filed 10–30–17; 8:45 am] Comment is invited on: (1) Whether the public through the following toll- BILLING CODE 6335–01–P this collection of information is free call-in number: 877–852–6576, necessary for the stated purposes and conference ID: 9818903. Any interested the proper performance of the functions member of the public may call this COMMISSION ON CIVIL RIGHTS of the agency, including whether the number and listen to the meeting. An information will have practical or open comment period will be provided Notice of Public Meeting of the Ohio scientific utility; (2) the accuracy of the to allow members of the public to make Advisory Committee To Discuss the agency’s estimate of the burden of the a statement as time allows. The Committee’s Next Topic of Civil Rights collection of information, including the conference call operator will ask callers Study: Educational Funding in Ohio validity of the methodology and to identify themselves, the organization assumptions used; (3) ways to enhance AGENCY: U.S. Commission on Civil they are affiliated with (if any), and an Rights. the quality, utility, and clarity of the email address prior to placing callers ACTION: Announcement of meeting. information to be collected; and (4) into the conference room. Callers can ways to minimize the burden of the expect to incur regular charges for calls SUMMARY: Notice is hereby given, collection of information on they initiate over wireless lines, pursuant to the provisions of the rules respondents, including the use of according to their wireless plan. The and regulations of the U.S. Commission automated, electronic, mechanical, or Commission will not refund any on Civil Rights (Commission) and the other technological collection incurred charges. Callers will incur no Federal Advisory Committee Act that techniques or other forms of information charge for calls they initiate over land- the Ohio Advisory Committee technology. line connections to the toll-free (Committee) will hold a meeting on All comments received in response to telephone number. Persons with hearing Tuesday, November 21, 2017, at 12:00 this notice, including names and impairments may also follow the p.m. EST for the purpose of discussing addresses when provided, will be a proceedings by first calling the Federal preparations for a study of Civil Rights matter of public record. Comments will Relay Service at 1–800–977–8339 and and Educational Funding in Ohio. be summarized and included in the providing the Service with the DATES: The meeting will be held on submission request for Office of conference call number and conference Management and Budget approval. Tuesday, November 21, 2017, at 12:00 ID number. p.m. EST. Dated: October 25, 2017. Members of the public are also Public Call Information: Dial: 877– Robert Velasco, entitled to submit written comments; 604–9665, Conference ID: 8623758. the comments must be received in the Acting Deputy Chief, Business Operations. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–23700 Filed 10–30–17; 8:45 am] regional office within 30 days following the meeting. Written comments may be Melissa Wojnaroski, DFO, at BILLING CODE 3411–15–P mailed to the Midwestern Regional [email protected] or 312–353– Office, U.S. Commission on Civil Rights, 8311. 55 W. Monroe St., Suite 410, Chicago, SUPPLEMENTARY INFORMATION: Members COMMISSION ON CIVIL RIGHTS IL 60615. They may also be faxed to the of the public can listen to the Notice of Public Meeting of the New Commission at (312) 353–8324, or discussion. This meeting is available to York Advisory Committee for emailed to David Barreras at dbarreras@ the public through the following toll- Discussion and Approval of the Draft usccr.gov. Persons who desire free call-in number: 877–604–9665, Report of Broken Windows Policing additional information may contact the conference ID: 8623758. Any interested Midwestern Regional Office at (312) member of the public may call this AGENCY: U.S. Commission on Civil 353–8311. number and listen to the meeting. An Rights. Records generated from this meeting open comment period will be provided ACTION: Announcement of meeting. may be inspected and reproduced at the to allow members of the public to make Midwestern Regional Office, as they a statement as time allows. The SUMMARY: Notice is hereby given, become available, both before and after conference call operator will ask callers pursuant to the provisions of the rules the meeting. Records of the meeting will to identify themselves, the organization and regulations of the U.S. Commission be available via www.facadatabase.gov they are affiliated with (if any), and an on Civil Rights (Commission) and the under the Commission on Civil Rights, email address prior to placing callers Federal Advisory Committee Act that New York Advisory Committee link into the conference room. Callers can the New York Advisory Committee https://www.facadatabase.gov/ expect to incur regular charges for calls (Committee) will hold a meeting on committee/committee.aspx?cid= they initiate over wireless lines, Thursday, November 9, 2017, at 12:00 265&aid=17. Persons interested in the according to their wireless plan. The
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Commission will not refund any the meeting. Records of the meeting will DEPARTMENT OF COMMERCE incurred charges. Callers will incur no be available via www.facadatabase.gov charge for calls they initiate over land- under the Commission on Civil Rights, Economic Development Administration line connections to the toll-free Ohio Advisory Committee link (https:// Notice of Petitions by Firms for telephone number. Persons with hearing facadatabase.gov/committee/ Determination of Eligibility To Apply impairments may also follow the meetings.aspx?cid=268). Select for Trade Adjustment Assistance proceedings by first calling the Federal ‘‘meeting details’’ and ‘‘documents’’ to Relay Service at 1–800–977–8339 and download. Persons interested in the AGENCY: Economic Development providing the Service with the work of this Committee are directed to Administration, U.S. Department of conference call number and conference the Commission’s Web site, http:// Commerce. ID number. Members of the public are also www.usccr.gov, or may contact the ACTION: Notice and opportunity for entitled to submit written comments; Midwestern Regional Office at the above public comment. the comments must be received in the email or street address. SUMMARY: The Economic Development regional office within 30 days following Agenda Administration (EDA) has received the meeting. Written comments may be petitions for certification of eligibility to mailed to the Midwestern Regional Welcome and Introductions apply for Trade Adjustment Assistance Office, U.S. Commission on Civil Rights, Project Discussion: ‘‘Civil Rights and from the firms listed below. 55 W. Monroe St., Suite 410, Chicago, Education Funding in Ohio’’ Accordingly, EDA has initiated IL 60615. They may also be faxed to the investigations to determine whether Commission at (312) 353–8324, or Public Comment increased imports into the United States emailed to Carolyn Allen at callen@ Future Plans and Actions of articles like or directly competitive usccr.gov. Persons who desire Adjournment with those produced by each of these additional information may contact the firms contributed importantly to the Midwestern Regional Office at (312) Dated: October 26, 2017. total or partial separation of the firm’s 353–8311. David Mussatt, workers, or threat thereof, and to a Records generated from this meeting Supervisory Chief, Regional Programs Unit. may be inspected and reproduced at the decrease in sales or production of each [FR Doc. 2017–23676 Filed 10–30–17; 8:45 am] petitioning firm. Midwestern Regional Office, as they BILLING CODE P become available, both before and after SUPPLEMENTARY INFORMATION:
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [10/10/2017 through 10/24/2017]
Date accepted Firm name Firm address for Product(s) investigation
Drake Specialties, LLC...... 221 Fourpark Road, Lafayette, LA 10/16/2017 The firm manufactures safety spray 70507. shields designed to detect and tempo- rarily contain leaks and sprays. Toolander Engineering, Inc ...... 1110 Via Callejon, San Clemente, CA 10/18/2017 The firm manufactures precision metal 92673. stampings and progressive dies and tooling. The firm also provides stamped part design services and secondary services, including welding and assembly. Artistic Manufacturing Corporation ...... 602 3rd Street SW., Altoona, IA 50009 .. 10/20/2017 The firm manufactures metal-plated church ware. Fox Laminating Company ...... 84 Custer Street, West Hartford, CT 10/24/2017 The firm manufactures custom lami- 06110. nated wood plaques and provides commercial film laminating and fin- ishing services. Raining Rose, Inc ...... 100 30th Street Drive SE., Cedar Rap- 10/24/2017 The firm manufactures body care prod- ids, IA 52403. ucts, such as lip balms.
Any party having a substantial section 251 of the Trade Act 1974, as these petitions are submitted is 11.313, interest in these proceedings may amended. Trade Adjustment Assistance for Firms. request a public hearing on the matter. Please follow the requirements set Irette Patterson, A written request for a hearing must be forth in EDA’s regulations at 13 CFR Program Analyst. submitted to the Trade Adjustment 315.9 for procedures to request a public [FR Doc. 2017–23603 Filed 10–30–17; 8:45 am] Assistance for Firms Division, Room hearing. The Catalog of Federal 71030, Economic Development Domestic Assistance official number BILLING CODE 3510–WH–P Administration, U.S. Department of and title for the program under which Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to
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DEPARTMENT OF COMMERCE Memorandum is included as Appendix adverse inferences for ArcelorMittal II to this notice. The Preliminary Steel Kryvyi Rih (AMKR) and Public International Trade Administration Decision Memorandum is a public Joint Stock Company Yenakiieve Iron [A–823–816] document and is on file electronically And Steel Works (Yenakiieve). The via Enforcement and Compliance’s Department has preliminarily Carbon and Alloy Steel Wire Rod From Antidumping and Countervailing Duty determined that Duferco S.A. (Duferco) Ukraine: Preliminary Affirmative Centralized Electronic Service System was not the first in the supply chain to Determination of Sales at Less Than (ACCESS). ACCESS is available to have knowledge that subject Fair Value registered users at https:// merchandise was destined for the U.S. access.trade.gov, and to all parties in the and as such, has been deselected as a AGENCY: Enforcement and Compliance, Central Records Unit, room B8024 of the respondent in this proceeding. For International Trade Administration, main Department of Commerce further discussion, see the Preliminary Department of Commerce. building. In addition, a complete Decision Memorandum. SUMMARY: The Department of Commerce version of the Preliminary Decision All-Others Rate (the Department) preliminarily Memorandum can be accessed directly determines that carbon and alloy steel at http://enforcement.trade.gov/frn/. Sections 733(d)(1)(A)(ii) and wire rod (wire rod) from Ukraine is The signed Preliminary Decision 735(c)(5)(A) of the Act provide that in being, or is likely to be, sold in the Memorandum and the electronic the preliminary determination the United States at less than fair value version are identical in content. Department shall determine an (LTFV). The period of investigation Scope of the Investigation estimated all-others rate for all exporters (POI) is January 1, 2016, through and producers not individually December 31, 2016. The products covered by this examined. This rate shall be an amount investigation are wire rod from Ukraine. DATES: Applicable October 31, 2017. equal to the weighted average of the For a complete description of the scope estimated weighted-average dumping FOR FURTHER INFORMATION CONTACT: Julia of this investigation, see Appendix I. margins established for exporters and Hancock, Annathea Cook, or Courtney producers individually investigated, Canales, AD/CVD Operations, Office V, Scope Comments excluding any zero and de minimis Enforcement and Compliance, In accordance with the preamble to margins, and any margins determined International Trade Administration, the Department’s regulations,4 the entirely under section 776 of the Act. U.S. Department of Commerce, 1401 Initiation Notice set aside a period of Pursuant to section 735(c)(5)(B) of the Constitution Avenue NW., Washington, time for parties to raise issues regarding Act, if the estimated weighted-average DC 20230; telephone: (202) 482–1394, product coverage (i.e., scope).5 Certain dumping margins established for all (202) 482–0250, or (202) 482–4997, interested parties commented on the exporters and producers individually respectively. scope of the investigation as it appeared examined are zero, de minimis or in the Initiation Notice. For a summary SUPPLEMENTARY INFORMATION: determined based entirely on facts of the product coverage comments and otherwise available, the Department Background rebuttal responses submitted to the may use any reasonable method to record for this investigation, and This preliminary determination is establish the estimated weighted- accompanying discussion and analysis made in accordance with section 733(b) average dumping margin for all-other of all comments timely received, see the of the Tariff Act of 1930, as amended producers or exporters. Preliminary Scope Decision (the Act). The Department published the The Department has preliminarily Memorandum.6 Since the issuance of notice of initiation of this investigation determined the estimated weighted- 1 the Preliminary Scope Decision on April 26, 2017. On August 21, 2017, average dumping margin for each of the Memorandum, certain parties submitted the Department postponed the individually examined respondents scope case briefs or scope rebuttal preliminary determination of this under section 776 of the Act. briefs.7 The Department will issue a investigation and the revised deadline is Consequently, pursuant to section 2 final scope decision on the records of now until October 24, 2017. For a 735(c)(5)(B) of the Act, the Department’s the wire rod investigations after complete description of the events that normal practice under these considering those comments submitted followed the initiation of this circumstances has been to calculate the in scope case and rebuttal briefs. investigation, see the Preliminary ‘‘all-others’’ rate as a simple average of Decision Memorandum.3 A list of topics Methodology the alleged dumping margins from the included in the Preliminary Decision 8 The Department is conducting this petition. investigation in accordance with section 1 See Carbon and Alloy Steel Wire Rod from 8 731 of the Act. Pursuant to section See, e.g., Notice of Preliminary Determination of Belarus, Italy, the Republic of Korea, the Russian Sales at Less Than Fair Value: Sodium Nitrite from Federation, South Africa, Spain, the Republic of 776(a) and (b) of the Act, the the Federal Republic of Germany, 73 FR 21909, Turkey, Ukraine, United Arab Emirates, and United Department has preliminarily relied 21912 (April 23, 2008), unchanged in Notice of Kingdom: Initiation of Less-Than-Fair-Value upon facts otherwise available, with Final Determination of Sales at Less Than Fair Investigations, 82 FR 19207 (April 26, 2017) Value: Sodium Nitrite from the Federal Republic of (Initiation Notice). Germany, 73 FR 38986, 38987 (July 8, 2008), and 4 2 See Carbon and Alloy Steel Wire Rod from Italy, See Antidumping Duties; Countervailing Duties, accompanying Issues and Decision Memorandum at the Republic of Korea, the Republic of South Africa, Final Rule, 62 FR 27296, 27323 (May 19, 1997). Comment 2; see also Notice of Final Determination Spain, the Republic of Turkey, Ukraine and the 5 See Initiation Notice. of Sales at Less Than Fair Value: Raw Flexible United Kingdom: Postponement of Preliminary 6 See Memorandum, ‘‘Carbon and Alloy Steel Magnets from Taiwan, 73 FR 39673, 39674 (July 10, Determinations in the Less-Than-Fair-Value Wire Rod from Belarus, Italy, the Republic of Korea, 2008); Steel Threaded Rod from Thailand: Investigations, 82 FR 39564 (April 26, 2017). the Russian Federation, South Africa, Spain, the Preliminary Determination of Sales at Less Than 3 See Memorandum, ‘‘Decision Memorandum for Republic of Turkey, Ukraine, the United Arab Fair Value and Affirmative Preliminary the Preliminary Determination in the Less-Than- Emirates, and the United Kingdom: Scope Determination of Critical Circumstances, 78 FR Fair-Value Investigation of Carbon and Alloy Steel Comments Decision Memorandum for the 79670, 79671 (December 31, 2013), unchanged in Wire Rod from Ukraine’’ dated concurrently with, Preliminary Determinations,’’ (Preliminary Scope Steel Threaded Rod from Thailand: Final and hereby adopted by, this notice (Preliminary Decision Memorandum) dated August 7, 2017. Determination of Sales at Less Than Fair Value and Decision Memorandum). 7 See Preliminary Decision Memorandum. Continued
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Preliminary Determination AMKR and Yenakiieve, in this days after the signature date of this The Department preliminarily investigation, in accordance with preliminary determination. section 776 of the Act, and the applied determines that the following estimated International Trade Commission weighted-average dumping margins AFA rate is based solely on the petition, exist: there are no calculations to disclose. In accordance with section 773(f) of the Act, the Department will notify the Verification Estimated International Trade Comission (ITC) of weighted- Because the mandatory respondents its preliminary determination. If the Exporter/producer average in this investigation did not provide final determination is affirmative, the dumping information requested by the margin ITC will determine before the later of (percent) Department, and the Department 120 days after the date of this preliminarily determines that each has preliminary determination or 45 days ArcelorMittal Steel Kryvyi Rih ..... 44.03 been uncooperative, we will not after the final determination whether Public Joint Stock Company conduct verification. these imports are materially injuring, or Yenakiieve Iron And Steel Public Comment threaten material injury to, the U.S. Works ...... 44.03 industry. All-Others ...... 34.98 Case briefs or other written comments may be submitted to the Assistant Notification to Interested Parties Suspension of Liquidation Secretary for Enforcement and This determination is issued and In accordance with section 733(d)(2) Compliance no later than 50 days after published in accordance with sections of the Act, the Department will direct the date of publication of the 733(f) and 777(i)(1) of the Act and 19 U.S. Customs and Border Protection preliminary determination, unless the CFR 351.205(c). Secretary alters the time limit. Rebuttal (CBP) to suspend liquidation of entries Dated: October 24, 2017. of subject merchandise, as described in briefs, limited to issues raised in case Gary Taverman, Appendix I, entered, or withdrawn from briefs, may be submitted no later than warehouse, for consumption on or after five days after the deadline date for case Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, the date of publication of this notice in briefs.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who performing the non-exclusive functions and the Federal Register. Further, pursuant duties of the Assistant Secretary for to section 733(d)(1)(B) of the Act and 19 submit case briefs or rebuttal briefs in Enforcement and Compliance. CFR 351.205(d), the Department will this investigation are encouraged to instruct CBP to require a cash deposit submit with each argument: (1) A Appendix I equal to the estimated weighted-average statement of the issue; (2) a brief Scope of the Investigation summary of the argument; and (3) a dumping margin or the estimated all- The products covered by this investigation others rate, as follows: (1) The cash table of authorities. are certain hot-rolled products of carbon steel deposit rate for the respondents listed Pursuant to 19 CFR 351.310(c), and alloy steel, in coils, of approximately above will be equal to the company- interested parties who wish to request a round cross section, less than 19.00 mm in specific estimated weighted-average hearing, limited to issues raised in the actual solid cross-sectional diameter. dumping margins determined in this case and rebuttal briefs, must submit a Specifically excluded are steel products preliminary determination; (2) if the written request to the Assistant possessing the above-noted physical exporter is not a respondent identified Secretary for Enforcement and characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) above, but the producer is, then the cash Compliance, U.S. Department of Commerce, within 30 days after the date definitions for (a) stainless steel; (b) tool deposit rate will be equal to the steel; (c) high-nickel steel; (d) ball bearing company-specific estimated weighted- of publication of this notice. Requests steel; or (e) concrete reinforcing bars and average dumping margin established for should contain the party’s name, rods. Also excluded are free cutting steel that producer of the subject address, and telephone number, the (also known as free machining steel) merchandise; and (3) the cash deposit number of participants, whether any products (i.e., products that contain by rate for all other producers and participant is a foreign national, and a weight one or more of the following exporters will be equal to the all-others list of the issues to be discussed. If a elements: 0.1 percent or more of lead, 0.05 estimated weighted-average dumping request for a hearing is made, the percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of margin. Department intends to hold the hearing at the U.S. Department of Commerce, phosphorous, more than 0.05 percent of Disclosure selenium, or more than 0.01 percent of 1401 Constitution Avenue NW., tellurium). All products meeting the physical Normally, the Department discloses to Washington, DC 20230, at a time and description of subject merchandise that are interested parties the calculations date to be determined. Parties should not specifically excluded are included in this performed in connection with a confirm by telephone the date, time, and scope. preliminary determination within five location of the hearing two days before The products under investigation are days of any public announcement or, if the scheduled date. currently classifiable under subheadings there is no public announcement, 7213.91.3011, 7213.91.3015, 7213.91.3020, Final Determination within five days of the date of 7213.91.3093; 7213.91.4500, 7213.91.6000, publication of the notice of preliminary Section 735(a)(1) of the Act and 19 7213.99.0030, 7227.20.0030, 7227.20.0080, 7227.90.6010, 7227.90.6020, 7227.90.6030, determination in the Federal Register, CFR 351.210(b)(1) provide that the Department will issue the final and 7227.90.6035 of the HTSUS. Products in accordance with 19 CFR 351.224(b). entered under subheadings 7213.99.0090 and However, because the Department determination within 75 days after the 7227.90.6090 of the HTSUS also may be preliminarily applied AFA to the date of its preliminary determination. included in this scope if they meet the individually examined companies, Accordingly, the Department will make physical description of subject merchandise its final determination no later than 75 above. Although the HTSUS subheadings are Affirmative Final Determination of Critical provided for convenience and customs Circumstances, 79 FR 14476, 14477 (March 14, 9 See 19 CFR 351.309; see also 19 CFR 351.303 purposes, the written description of the 2014). (for general filing requirements). scope of this proceeding is dispositive.
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Appendix II the Department postponed the Memorandum.6 Since the issuance of List of Topics Discussed in the Preliminary preliminary determination of this the Preliminary Scope Decision 2 Decision Memorandum investigation until October 24, 2017. Memorandum, certain parties submitted For a complete description of the events scope case briefs or scope rebuttal I. Summary 7 II. Background that followed the initiation of this briefs. The Department will issue a III. Period of Investigation investigation, see the Preliminary final scope decision on the records of IV. Scope Comments Decision Memorandum.3 A list of topics the wire rod investigations after V. Preliminary Determination of No discussed in the Preliminary Decision considering those comments submitted Shipments Memorandum is included as Appendix in scope case and rebuttal briefs. VI. Application of Facts Available and II to this notice. The Preliminary Adverse Inference Methodology Decision Memorandum is a public A. Legal Standard The Department is conducting this B. Application of Facts Available with document and is on file electronically Adverse Inference for AMKR via Enforcement and Compliance’s investigation in accordance with section C. Application of Facts Available with Antidumping and Countervailing Duty 731 of the Act. The Department has Adverse Inference for Yenakiieve Centralized Electronic Service System calculated export prices in accordance D. Selection and Corroboration of AFA (ACCESS). ACCESS is available to with section 772(a) of the Act. Normal Rate registered users at https:// value (NV) is calculated in accordance E. All-Others Rate access.trade.gov, and to all parties in the with section 773 of the Act. For a full VIII. Conclusion Central Records Unit, Room B8024 of description of the methodology [FR Doc. 2017–23648 Filed 10–30–17; 8:45 am] the main Department of Commerce underlying the preliminary conclusions, BILLING CODE 3510–DS–P building. In addition, a complete see the Preliminary Decision version of the Preliminary Decision Memorandum. Memorandum can be accessed directly DEPARTMENT OF COMMERCE Preliminary Negative Determination of at http://enforcement.trade.gov/frn/. Critical Circumstances International Trade Administration The signed Preliminary Decision Memorandum and the electronic On July 6, 2017, the petitioners filed [A–489–831] version are identical in content. a critical circumstances allegation with respect to imports of wire rod from Carbon and Alloy Steel Wire Rod From Scope of the Investigation Turkey.8 In accordance with section Turkey: Preliminary Affirmative 733(e) of the Act and 19 CFR 351.206, Determination of Sales at Less Than The products covered by this we preliminarily find that critical Fair Value, and Preliminary Negative investigation are wire rod from Turkey. circumstances do not exist with respect Determination of Critical For a complete description of the scope to imports of wire rod from Turkey for Circumstances of this investigation, see Appendix I. Habas Sinai ve Tibbi Gazlar Istihsal AGENCY: Enforcement and Compliance, Scope Comments Endustrisi A.S. (Habas), Icdas Celik International Trade Administration, Enerji Tersane ve Ulasim Sanayi A.S. Department of Commerce. In accordance with the preamble to (Icdas), and all-other exporters/ the Department’s regulations,4 the SUMMARY: The Department of Commerce producers of wire rod from Turkey. For Initiation Notice set aside a period of (the Department) preliminarily a full description of the methodology time for parties to raise issues regarding determines that certain carbon and alloy and results of the Department’s critical product coverage (scope).5 Certain steel wire rod (wire rod) from the circumstances analysis, see the interested parties commented on the Republic of Turkey (Turkey) is being, or Preliminary Decision Memorandum. scope of the investigation as it appeared is likely to be, sold in the United States All-Others Rate at less than fair value (LTFV). The in the Initiation Notice. For a summary period of investigation (POI) is January of the product coverage comments and Sections 733(d)(1)(A)(ii) of the Act 1, 2016, through December 31, 2016. rebuttal responses submitted to the provides that in the preliminary record for this investigation, and determination the Department shall DATES: Applicable October 31, 2017. accompanying discussion and analysis determine an estimated all-others rate FOR FURTHER INFORMATION CONTACT: of all comments timely received, see the for all exporters and producers not Ryan Mullen or Ian Hamilton, AD/CVD Preliminary Scope Decision individually investigated in accordance Operations, Office V, Enforcement and with section 735(c)(5) of the Act. Compliance, International Trade Federation, South Africa, Spain, the Republic of Section 735(c)(5)(A) of the Act states Administration, U.S. Department of Turkey, Ukraine, United Arab Emirates, and United that generally this rate shall be an Commerce, 1401 Constitution Avenue Kingdom: Initiation of Less-Than-Fair Value amount equal to the weighted average of Investigations, 82 FR 19207 (April 26, 2017) NW., Washington, DC 20230; telephone: the estimated weighted-average (202) 482–5260 or (202) 482–4798, (Initiation Notice). 2 See Carbon and Alloy Steel Wire Rod from Italy, dumping margins established for respectively. the Republic of Korea, the Republic of South Africa, SUPPLEMENTARY INFORMATION: Spain, the Republic of Turkey, Ukraine and the 6 See Memorandum, ‘‘Carbon and Alloy Steel United Kingdom: Postponement of Preliminary Wire Rod from Belarus, Italy, the Republic of Korea, Background Determinations in the Less-Than-Fair-Value the Russian Federation, South Africa, Spain, the Investigations, 82 FR 39564 (August 21, 2017). Republic of Turkey, Ukraine, the United Arab This preliminary determination is 3 See Memorandum, ‘‘Decision Memorandum for Emirates, and the United Kingdom: Scope made in accordance with section 733(b) the Preliminary Determination and Negative Comments Decision Memorandum for the of the Tariff Act of 1930, as amended Determination of Critical Circumstances in the Less Preliminary Determinations,’’ dated August 7, 2017 (the Act). The Department published the Than Fair Value Investigation of Carbon and Alloy (Preliminary Scope Decision Memorandum). Steel Wire Rod from Turkey,’’ dated concurrently 7 See Preliminary Decision Memorandum. notice of initiation of this investigation with, and hereby adopted by, this notice 8 1 See Letter to the Secretary from Nucor re: on April 26, 2017. On August 21, 2017, (Preliminary Decision Memorandum). Carbon and Alloy Steel Wire Rod from Russia, 4 See Antidumping Duties; Countervailing Duties, South Africa, Spain, Turkey, and the United 1 See Carbon and Alloy Steel Wire Rod from Final Rule, 62 FR 27296, 27323 (May 19, 1997). Kingdom: Critical Circumstances Allegations, dated Belarus, Italy, the Republic of Korea, the Russian 5 See Initiation Notice, 82 FR at 19207–08. July 6, 2017.
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exporters and producers individually dumping margins for Habas and Icdas margins calculated for the examined investigated, excluding any zero and de that are not zero, de minimis or based respondents.9 minimis margins, and any margins entirely on facts otherwise available. Preliminary Determination determined entirely under section 776 The Department calculated the all- of the Act. others rate using a simple average of the The Department preliminarily In this investigation, the Department estimated weighted-average dumping determines that the following weighted- calculated estimated weighted-average average dumping margins exist:
Weighted- Cash deposit average rate adjusted Exporter/producer margins for subsidy (percent) offset
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...... 2.80 2.70 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ...... 8.01 8.01 All-Others ...... 5.41 5.31
Suspension of Liquidation weighted-average dumping margin by the deadline date for case briefs.10 In accordance with section 733(d)(2) the appropriate CVD rate. The adjusted Pursuant to 19 CFR 351.309(c)(2) and of the Act, the Department will direct cash deposit rate may be found in the (d)(2), parties who submit case briefs or U.S. Customs and Border Protection Preliminary Determination section rebuttal briefs in this proceeding are (CBP) to suspend liquidation of entries above. Should provisional measures in encouraged to submit with each of subject merchandise, as described in the companion CVD investigation expire argument: (1) A statement of the issue; Appendix I, entered, or withdrawn from prior to the expiration of provisional (2) a brief summary of the argument; warehouse, for consumption on or after measures in this LTFV investigation, the and (3) a table of authorities. the date of publication of this notice in Department will direct CBP to begin Pursuant to 19 CFR 351.310(c), the Federal Register. Further, pursuant collecting estimated antidumping duty interested parties who wish to request a to section 733(d)(1)(B) of the Act and 19 cash deposits unadjusted for hearing, limited to issues raised in the CFR 351.205(d), the Department will countervailed export subsidies at the case and rebuttal briefs, must submit a instruct CBP to require a cash deposit time that the provisional CVD measures written request to the Assistant equal to the estimated weighted-average expire. These suspension of liquidation Secretary for Enforcement and instructions will remain in effect until dumping margin or the estimated all- Compliance, U.S. Department of further notice. others rate, as follows: (1) The cash Commerce, within 30 days after the date deposit rate for the respondents listed Disclosure of publication of this notice. Requests above will be equal to the company- should contain the party’s name, The Department intends to disclose specific estimated weighted-average address, and telephone number, the its calculations and analysis performed dumping margins determined in this number of participants, whether any to interested parties in this preliminary preliminary determination; (2) if the participant is a foreign national, and a determination within five days of any exporter is not a respondent identified list of the issues to be discussed. If a public announcement or, if there is no above, but the producer is, then the cash request for a hearing is made, the public announcement, within five days deposit rate will be equal to the Department intends to hold the hearing company-specific estimated weighted- of the date of publication of this notice at the U.S. Department of Commerce, average dumping margin established for in accordance with 19 CFR 351.224(b). 1401 Constitution Avenue NW., that producer of the subject Verification Washington, DC 20230, at a time and merchandise; and (3) the cash deposit date to be determined. Parties should rate for all other producers and As provided in section 782(i) of the confirm by telephone the date, time, and exporters will be equal to the all-others Act, the Department intends to verify estimated weighted-average dumping the information relied upon in making location of the hearing two days before margin. its final determination. the scheduled date. The Department normally adjusts Public Comment Final Determination cash deposits for estimated antidumping duties by the amount of export subsidies Case briefs or other written comments Section 735(a)(1) of the Act and 19 countervailed in a companion may be submitted to the Assistant CFR 351.210(b)(1) provide that the countervailing duty (CVD) proceeding, Secretary for Enforcement and Department will issue the final when CVD provisional measures are in Compliance no later than seven days determination within 75 days after the effect. Accordingly, where the after the date on which the final date of its preliminary determination. Department preliminarily made an verification report is issued in this Accordingly, the Department will make affirmative determination for investigation. Rebuttal briefs, limited to its final determination no later than 75 countervailable export subsidies, the issues raised in case briefs, may be days after the signature date of this Department offset the estimated submitted no later than five days after preliminary determination.
9 With two respondents under examination, the company’s publicly-ranged U.S. sale quantities for Circumstances Review, and Revocation of an Order Department normally calculates (A) a weighted- the merchandise under consideration. The in Part, 75 FR 53661, 53663 (September 1, 2010). average of the estimated weighted-average dumping Department then compares (B) and (C) to (A) and For a complete analysis of the data, please see the margins calculated for the examined respondents; selects the rate closest to (A) as the most All-Others’ Rate Calculation Memorandum, dated (B) a simple average of the estimated weighted- appropriate rate for all other producers and concurrently with this notice. average dumping margins calculated for the exporters. See Ball Bearings and Parts Thereof from examined respondents; and (C) a weighted-average France, Germany, Italy, Japan, and the United 10 See 19 CFR 351.309; see also 19 CFR 351.303 of the estimated weighted-average dumping margins Kingdom: Final Results of Antidumping Duty (for general filing requirements). calculated for the examined respondents using each Administrative Reviews, Final Results of Changed-
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International Trade Commission Appendix II SUPPLEMENTARY INFORMATION: Notification List of Topics Discussed in the Preliminary Background Decision Memorandum In accordance with section 733(f) of This preliminary determination is the Act, the Department will notify the I. Summary made in accordance with section 733(b) International Trade Commission (ITC) of II. Background of the Tariff Act of 1930, as amended its preliminary affirmative III. Period of Investigation (the Act). The Department published the IV. Scope Comments determination. If the final determination V. Discussion of the Methodology notice of initiation of this investigation 1 is affirmative, the ITC will determine A. Determination of the Comparison on April 19, 2017. For a complete before the later of 120 days after the date Method description of the events that followed of this preliminary determination or 45 B. Results of the Differential Pricing the initiation of this investigation, see days after the final determination Analysis the Preliminary Decision whether these imports are materially VI. Date of Sale Memorandum.2 A list of topics included injuring, or threaten material injury to, VII. Product Comparisons in the Preliminary Decision the U.S. industry. VIII. Export Price Memorandum is included as Appendix IX. Normal Value II to this notice. The Preliminary Notification to Interested Parties A. Comparison Market Viability B. Affiliated-Party Transactions and Arm’s- Decision Memorandum is a public This determination is issued and Length Test document and is on file electronically published in accordance with sections C. Level of Trade via Enforcement and Compliance’s 733(f) and 777(i)(1) of the Act and 19 D. Cost of Production (COP) Analysis Antidumping and Countervailing Duty CFR 351.205(c). 1. Calculation of COP Centralized Electronic Service System 2. Test of Comparison Market Sales Prices (ACCESS). ACCESS is available to Dated: October 24, 2017. 3. Results of the COP Test registered users at https:// Gary Taverman, E. Calculation of NV Based on Comparison access.trade.gov, and to all parties in the Deputy Assistant Secretary for Antidumping Market Prices Central Records Unit, Room B8024 of and Countervailing Duty Operations, F. Calculation of NV Based on Constructed Value the main Department of Commerce performing the non-exclusive functions and building. In addition, a complete duties of the Assistant Secretary for X. Preliminary Negative Determination of Enforcement and Compliance. Critical Circumstances version of the Preliminary Decision A. Legal Framework Memorandum can be accessed directly Appendix I B. Critical Circumstances Allegation at http://enforcement.trade.gov/frn/. C. Analysis Scope of the Investigation The signed and the electronic versions XI. Adjustment to Cash Deposit Rate for of the Preliminary Decision The products covered by this investigation Export Subsidies Memorandum are identical in content. are certain hot-rolled products of carbon steel XII. Currency Conversion and alloy steel, in coils, of approximately XIII. Conclusion Scope of the Investigation round cross section, less than 19.00 mm in [FR Doc. 2017–23647 Filed 10–30–17; 8:45 am] The product covered by this actual solid cross-sectional diameter. Specifically excluded are steel products BILLING CODE 3510–DS–P investigation is biodiesel from possessing the above-noted physical Indonesia. For a complete description of characteristics and meeting the Harmonized the scope of this investigation, see Tariff Schedule of the United States (HTSUS) DEPARTMENT OF COMMERCE Appendix I. definitions for (a) stainless steel; (b) tool International Trade Administration Scope Comments steel; (c) high-nickel steel; (d) ball bearing steel; or (e) concrete reinforcing bars and [A–560–830] In accordance with the preamble to rods. Also excluded are free cutting steel the Department’s regulations,3 the (also known as free machining steel) Biodiesel From Indonesia: Preliminary Initiation Notice set aside a period of products (i.e., products that contain by Affirmative Determination of Sales at time for parties to raise issues regarding weight one or more of the following Less Than Fair Value product coverage (i.e., scope).4 No elements: 0.1 percent or more of lead, 0.05 interested parties commented on the AGENCY: percent or more of bismuth, 0.08 percent or Enforcement and Compliance, scope of the investigation as it appeared more of sulfur, more than 0.04 percent of International Trade Administration, in the Initiation Notice. Therefore, the phosphorous, more than 0.05 percent of Department of Commerce. Department is preliminarily not selenium, or more than 0.01 percent of SUMMARY: The Department of Commerce modifying the scope language as it tellurium). All products meeting the physical (the Department) preliminarily appeared in the Initiation Notice. See description of subject merchandise that are determines that biodiesel from the scope in Appendix I to this notice. not specifically excluded are included in this Indonesia is being, or is likely to be, scope. sold in the United States at less than fair Methodology The products under investigation are currently classifiable under subheadings value (LTFV). The period of The Department is conducting this 7213.91.3011, 213.91.3015, 7213.91.3020, investigation (POI) is January 1, 2016, investigation in accordance with section 7213.91.3093; 7213.91.4500, 7213.91.6000, through December 31, 2016. 7213.99.0030, 7227.20.0030, 7227.20.0080, DATES: Effective October 31, 2017. 1 See Biodiesel from Argentina and Indonesia: 7227.90.6010, 7227.90.6020, 7227.90.6030, FOR FURTHER INFORMATION CONTACT: Initiation of Less-Than-Fair Value Investigations, 82 and 7227.90.6035 of the HTSUS. Products FR 18428 (April 19, 2017) (Initiation Notice). Myrna Lobo or Alexander Cipolla, AD/ 2 See Memorandum, ‘‘Decision Memorandum for entered under subheadings 7213.99.0090 and CVD Operations, Office VII, 7227.90.6090 of the HTSUS also may be the Preliminary Determination in the Less-Than- included in this scope if they meet the Enforcement and Compliance, Fair-Value Investigation of Biodiesel from International Trade Administration, Indonesia’’ dated concurrently with, and hereby physical description of subject merchandise adopted by, this notice (Preliminary Decision above. Although the HTSUS subheadings are U.S. Department of Commerce, 1401 Memorandum). provided for convenience and customs Constitution Avenue NW., Washington, 3 See Antidumping Duties; Countervailing Duties, purposes, the written description of the DC 20230; telephone: (202) 482–2371 or Final Rule, 62 FR 27296, 27323 (May 19, 1997). scope of this proceeding is dispositive. (202) 482–4956, respectively. 4 See Initiation Notice, 82 FR at 18428–29.
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731 of the Act. The Department has only respondent for which we are Suspension of Liquidation calculated export prices in accordance preliminarily calculating a weighted- In accordance with section 733(d)(2) with section 772(a) of the Act. average dumping margin, outside the of the Act, the Department will direct Constructed export prices have been ordinary course of trade. Therefore, the U.S. Customs and Border Protection calculated in accordance with section Department is preliminarily relying on (CBP) to suspend liquidation of entries 772(b) of the Act. Normal value (NV) is constructed value (CV) as the basis for of subject merchandise, as described in calculated in accordance with section NV in this investigation for Wilmar. The Appendix I, entered, or withdrawn from 773 of the Act. In addition, the Department also preliminarily finds that warehouse, for consumption on or after Department has relied on adverse facts a PMS exists in Indonesia with regard the date of publication of this notice in available pursuant to sections 776(a) to the cost of CPO as a component of the the Federal Register. Further, pursuant and (b) of the Act for PT Musim Mas cost of manufacturing (COM) for to section 733(d)(1)(B) of the Act and 19 (Musim Mas). For a full description of biodiesel. Therefore, the Department has CFR 351.205(d), the Department will the methodology underlying the adjusted Wilmar’s COM to account for instruct CBP to require a cash deposit preliminary determination, see the the distorted cost of CPO. For a full equal to the estimated weighted-average Preliminary Decision Memorandum. description of the methodology dumping margin as follows: (1) The Particular Market Situation underlying the PMS determination, see cash deposit rate for the respondents the Preliminary Decision Memorandum. listed above will be equal to the On July 25, 2017, the National company-specific estimated weighted- All-Others Rate Biodiesel Board Fair Trade Coalition average dumping margins determined in (petitioner) filed a particular market Sections 733(d)(1)(ii) and 735(c)(5)(A) this preliminary determination; (2) if the situation (PMS) allegation with respect exporter is not a respondent identified to the respondents’ home market sales of the Act provide that in the preliminary determination the above, but the producer is, then the cash prices and reported costs of deposit rate will be equal to the 5 Department shall determine an production. The petitioner asserts that company-specific estimated weighted- a PMS exists in Indonesia because the estimated all-others rate for all exporters and producers not individually average dumping margin established for Government of Indonesia (GOI) sets low that producer of the subject mandatory prices and sales quotas for examined. This rate shall be an amount equal to the weighted average of the merchandise; and (3) the cash deposit biodiesel in the home market, and rate for all other producers and restrains the exports of crude palm oil estimated weighted-average dumping margins established for exporters and exporters will be equal to the all-others (CPO) with an export tax and levy, estimated weighted-average dumping thereby distorting the respondents’ producers individually investigated, excluding rates that are zero, de margin. reported raw material CPO costs in The Department normally adjusts Indonesia. The petitioner argues that the minimis, or determined entirely on facts available under section 776 of the Act. cash deposits for estimated antidumping Department should disregard the duties by the amount of export subsidies respondents’ home market sales based In this investigation, the Department countervailed in a companion CVD on a finding that they are significantly preliminarily assigned a rate based proceeding in accordance with section distorted by government intervention. entirely on facts available to Musim 772(c)(1)(C), when CVD provisional The petitioner also urges the Mas. Therefore, the only rate that is not measures are in effect. Accordingly, Department to make an adjustment for zero, de minimis or based entirely on where the Department preliminarily the cost of CPO purchased from facts otherwise available is the rate made an affirmative determination for domestic suppliers to address the calculated for Wilmar. Consequently, countervailable export subsidies, the distorted Indonesian market for CPO. the rate calculated for Wilmar is also Department has offset the estimated The respondents and the GOI argue assigned as the rate for all-other weighted-average dumping margin by that the prices set by the GOI are based producers and exporters. the appropriate CVD rate. In the on market prices, and the total Preliminary Determination preliminary determination in the compensation each respondent receives companion CVD investigation, the for sales of biodiesel in Indonesia The Department preliminarily Department found no countervailable reflects the full market value of its determines that the following estimated export subsidies.7 Therefore, we biodiesel. The respondents also contend weighted-average dumping margins preliminarily determine not to adjust that their sales that are not controlled by exist: the cash deposit rates in the Preliminary the government constitute a viable home Determination. market. Each respondent argues that the Estimated These suspension of liquidation lower prices paid for CPO are not weighted- instructions will remain in effect until enough for a PMS finding, and that they Exporter or producer average further notice. should be examined in the context of dumping margin Disclosure the concurrent countervailing duty (percent) (CVD) investigation. The Department intends to disclose Based on the facts on the record, the Wilmar Trading PTE Ltd 6 ..... 50.71 its calculations and analysis performed Department preliminarily finds that the PT Musim Mas ...... 50.71 to interested parties in this preliminary GOI’s regulation of the domestic All-Others ...... 50.71 determination within five days of any biodiesel market amounts to a particular public announcement or, if there is no market situation in Indonesia that public announcement, within five days renders the home market prices of 6 The Department preliminarily determines that of the date of publication of this notice Wilmar Trading PTE Ltd., PT Wilmar Bioenergi Wilmar Trading PTE Ltd. (Wilmar), the Indonesia, PT Wilmar Nabati Indonesia, and PT in accordance with 19 CFR 351.224(b). Multi Nabati Sulawesi are affiliated pursuant to 5 See Petitioner’s Letter, ‘‘Biodiesel from section 771(33)(F) of the Act and should be 7 See Biodiesel from the Republic of Indonesia: Indonesia: Petitioner’s Particular Market Situation collapsed and treated as a single entity pursuant to Preliminary Affirmative Countervailing Duty Allegation Regarding Respondents’ Home Market 19 CFR 351.401(f). See Preliminary Decision Determination, 82 FR 40746 (August 28, 2017), and Sales and Costs of Produciton,’’ dated July 25, 2017. Memorandum. accompanying Preliminary Decision Memorandum.
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Verification its preliminary determination. If the II. Background final determination is affirmative, the III. Period of Investigation As provided in section 782(i)(1) of the IV. Use of Facts Available and Adverse Facts Act, the Department intends to verify ITC will determine before the later of 120 days after the date of this Available the information relied upon in making A. Legal Authority its final determination. preliminary determination or 45 days B. Application of Facts Available to Musim after the final determination whether Public Comment Mas these imports are materially injuring, or C. Use of Adverse Inferences Case briefs or other written comments threaten material injury to, the U.S. D. Selection and Corroboration of AFA may be submitted to the Assistant industry. Rate V. Affiliation and Collapsing Secretary for Enforcement and Notification to Interested Parties Compliance no later than seven days A. Wilmar after the date on which the last This determination is issued and VI. Discussion of the Methodology verification report is issued in this published in accordance with sections A. Comparisions to Fair Value VII. Product Comparisons investigation, unless the Secretary alters 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). VIII. Date of Sale the time limit. Rebuttal briefs, limited to IX. Export Price and Constructed Price issues raised in case briefs, may be Dated: October 19, 2017. X. Normal Value submitted no later than five days after Gary Taverman, A. Home Market Viability 8 the deadline date for case briefs. Deputy Assistant Secretary for Antidumping XI. Particular Market Situation Pursuant to 19 CFR 351.309(c)(2) and and Countervailing Duty Operations, A. Background (d)(2), parties who submit case briefs or performing the non-exclusive functions and B. Interested Parties’ Arguments rebuttal briefs in this investigation are duties of the Assistant Secretary for C. Analysis encouraged to submit with each Enforcement and Compliance. XII. Calculation of Normal Value Based on argument: (1) A statement of the issue; Constructed Value Appendix I XIII. Circumstance of Sale (2) a brief summary of the argument; XIV. Adjustment to Cash Deposit Rate for and (3) a table of authorities. Scope of the Investigation Export Subsidies Pursuant to 19 CFR 351.310(c), XV. Currency Conversion interested parties who wish to request a The product covered by this investigation is biodiesel, which is a fuel comprised of XVI. Conclusion hearing, limited to issues raised in the mono-alkyl esters of long chain fatty acids [FR Doc. 2017–23602 Filed 10–30–17; 8:45 am] case and rebuttal briefs, must submit a derived from vegetable oils or animal fats, BILLING CODE 3510–DS–P written request to the Assistant including biologically based waste oils or Secretary for Enforcement and greases, and other biologically-based oil or fat Compliance, U.S. Department of sources. The investigation covers biodiesel in DEPARTMENT OF COMMERCE Commerce, within 30 days after the date pure form (B100) as well as fuel mixtures of publication of this notice. Requests containing at least 99 percent biodiesel by International Trade Administration should contain the party’s name, volume (B99). For fuel mixtures containing address, and telephone number, the less than 99 percent biodiesel by volume, [A–475–836] only the biodiesel component of the mixture number of participants, whether any is covered by the scope of the investigation. Carbon and Alloy Steel Wire Rod From participant is a foreign national, and a Biodiesel is generally produced to Italy: Preliminary Affirmative list of the issues to be discussed. If a American Society for Testing and Materials Determination of Sales at Less Than request for a hearing is made, the International (ASTM) D6751 specifications, Fair Value Department intends to hold the hearing but it can also be made to other at the U.S. Department of Commerce, specifications. Biodiesel commonly has one AGENCY: Enforcement and Compliance, 1401 Constitution Avenue NW., of the following Chemical Abstracts Service International Trade Administration, Washington, DC 20230, at a time and (CAS) numbers, generally depending upon Department of Commerce. date to be determined. Parties should the feedstock used: 67784–80–9 (soybean oil SUMMARY: The Department of Commerce methyl esters); 91051–34–2 (palm oil methyl (the Department) preliminarily confirm by telephone the date, time, and esters); 91051–32–0 (palm kernel oil methyl location of the hearing two days before esters); 73891–99–3 (rapeseed oil methyl determines that carbon and alloy steel the scheduled date. esters); 61788–61–2 (tallow methyl esters); wire rod (wire rod) from Italy is being, or is likely to be, sold in the United Final Determination 68990–52–3 (vegetable oil methyl esters); 129828–16–6 (canola oil methyl esters); States at less than fair value (LTFV). The Section 735(a)(1) of the Act and 19 67762–26–9 (unsaturated alkylcarboxylic period of investigation (POI) is January CFR 351.210(b)(1) provide that the acid methyl ester); or 68937–84–8 (fatty 1, 2016, through December 31, 2016. Department will issue the final acids, C12–C18, methyl ester). DATES: Applicable October 31, 2017. determination within 75 days after the The B100 product subject to the investigation is currently classifiable under FOR FURTHER INFORMATION CONTACT: date of its preliminary determination. Victoria Cho or Mark Flessner, AD/CVD Accordingly, the Department will make subheading 3826.00.1000 of the Harmonized Tariff Schedule of the United States Operations, Office VI, Enforcement and its final determination no later than 75 (HTSUS), while the B99 product is currently Compliance, International Trade days after the signature date of this classifiable under HTSUS subheading Administration, U.S. Department of preliminary determination, unless 3826.00.3000. Although the HTSUS Commerce, 1401 Constitution Avenue extended. subheadings, ASTM specifications, and CAS NW., Washington, DC 20230; telephone: numbers are provided for convenience and (202) 482–5075 or (202) 482–6312, International Trade Commission customs purposes, the written description of Notification the scope is dispositive. respectively. In accordance with section 733(f) of SUPPLEMENTARY INFORMATION: Appendix II the Act, the Department will notify the Background International Trade Commission (ITC) of List of Topics Discussed in the Preliminary This preliminary determination is Decision Memorandum 8 See 19 CFR 351.309; see also 19 CFR 351.303 made in accordance with section 733(b) (for general filing requirements). I. Summary of the Tariff Act of 1930, as amended
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(the Act). The Department published the accompanying discussion and analysis and producers not individually notice of initiation of this investigation of all comments timely received, see the examined. This rate shall be an amount on April 20, 2017.1 On August 21, 2017, Preliminary Scope Decision equal to the weighted average of the the Department postponed the Memorandum.6 Since the issuance of estimated weighted-average dumping preliminary determination of this the Preliminary Scope Decision margins established for exporters and investigation, and the revised deadline Memorandum, certain parties submitted producers individually investigated, is now October 24, 2017.2 For a scope case briefs or scope rebuttal excluding any zero and de minimis complete description of the events that briefs.7 The Department will issue a margins, and any margins determined followed the initiation of this final scope decision on the records of entirely under section 776 of the Act. investigation, see the Preliminary the wire rod investigations after In this investigation, the Department Decision Memorandum.3 A list of topics considering those comments submitted preliminarily calculated a rate that is included in the Preliminary Decision in scope case and rebuttal briefs. not zero, de minimis or based entirely Memorandum is included as Appendix on facts otherwise available for Ferriere Affiliation and Collapsing II to this notice. The Preliminary Nord. Because this is the only such rate, Decision Memorandum is a public In accordance with section 771(33)(F) the rate calculated for Ferriere Nord is document and is on file electronically of the Act, 19 CFR 351.401(f), and the also assigned as the rate for all-other via Enforcement and Compliance’s Department’s practice,8 we are treating producers and exporters. Additionally, Antidumping and Countervailing Duty Ferriere Nord S.p.A. (Ferriere Nord) and for the reasons discussed in the Centralized Electronic Service System Acciaierie di Verona S.p.A. (AdV) as a Preliminary Decision Memorandum, we (ACCESS). ACCESS is available to single entity for the purposes of this are applying this rate to Ferriera registered users at https:// preliminary determination.9 Valsider as facts available with an access.trade.gov, and to all parties in the Methodology adverse inference. Central Records Unit, room B8024 of the Preliminary Determination main Department of Commerce The Department is conducting this building. In addition, a complete investigation in accordance with section The Department preliminarily version of the Preliminary Decision 731 of the Act. The Department has determines that the following estimated Memorandum can be accessed directly calculated export prices in accordance weighted-average dumping margins at http://enforcement.trade.gov/frn/. with section 772(a) of the Act. Normal exist: The signed and the electronic versions value (NV) is calculated in accordance of the Preliminary Decision with section 773 of the Act. Estimated weighted- Memorandum are identical in content. Furthermore, pursuant to section 776(a) and (b) of the Act, the Department has average Exporter/producer dumping Scope of the Investigation preliminarily relied upon facts margin The products covered by this otherwise available with adverse (percent) investigation are wire rod from the Italy. inferences to assign a margin for For a complete description of the scope Ferriera Valsider S.p.A. (Ferriera Ferriere Nord S.p.A./ of this investigation, see Appendix I. Valsider). For a full description of the Acciaierie di Verona S.p.A 22.06 methodology underlying the Ferriera Valsider S.p.A ...... 22.06 All-Others ...... 22.06 Scope Comments preliminary determination, see the In accordance with the preamble to Preliminary Decision Memorandum. the Department’s regulations,4 the Suspension of Liquidation All-Others Rate Initiation Notice set aside a period of In accordance with section 733(d)(2) time for parties to raise issues regarding Sections 733(d)(1)(A)(ii) and of the Act, the Department will direct product coverage (scope).5 Certain 735(c)(5)(A) of the Act provide that in U.S. Customs and Border Protection interested parties commented on the the preliminary determination the (CBP) to suspend liquidation of entries scope of the investigation as it appeared Department shall determine an of subject merchandise, as described in in the Initiation Notice. For a summary estimated all-others rate for all exporters Appendix I, entered, or withdrawn from of the product coverage comments and warehouse, for consumption on or after rebuttal responses submitted to the 6 See Memorandum, ‘‘Carbon and Alloy Steel the date of publication of this notice in Wire Rod from Belarus, Italy, the Republic of Korea, record for this investigation, and the Russian Federation, South Africa, Spain, the the Federal Register. Further, pursuant Republic of Turkey, Ukraine, the United Arab to section 733(d)(1)(B) of the Act and 19 1 See Carbon and Alloy Steel Wire Rod from Emirates, and the United Kingdom: Scope CFR 351.205(d), the Department will Belarus, Italy, the Republic of Korea, the Russian Comments Decision Memorandum for the instruct CBP to require a cash deposit Federation, South Africa, Spain, the Republic of Preliminary Determinations,’’ dated August 7, 2017 Turkey, Ukraine, United Arab Emirates, and United (Preliminary Scope Decision Memorandum). equal to the estimated weighted-average Kingdom: Initiation of Less-Than-Fair-Value 7 See Preliminary Decision Memorandum. dumping margin or the estimated all- Investigations, 82 FR 19207 (April 20, 2017) 8 See, e.g., Notice of Final Determination of Sales others rate, as follows: (1) The cash (Initiation Notice). at Less Than Fair Value: Coated Free Sheet Paper deposit rate for the respondents listed 2 See Carbon and Alloy Steel Wire Rod from Italy, from Indonesia, 72 FR 60636 (October 25, 2007), above will be equal to the company- the Republic of Korea, the Republic of South Africa, and accompanying Issues and Decision Spain, the Republic of Turkey, Ukraine and the Memorandum; Certain Coated Paper Suitable for specific estimated weighted-average United Kingdom: Postponement of Preliminary High-Quality Print Graphics Using Sheet-Fed dumping margins determined in this Determinations in the Less-Than-Fair-Value Presses from Indonesia: Final Determination of preliminary determination; (2) if the Investigations, 82 FR 39564 (August 21, 2017). Sales at Less Than Fair Value, 75 FR 59223 exporter is not a respondent identified 3 See Memorandum, ‘‘Decision Memorandum for (September 27, 2010), and accompanying Issues and the Preliminary Determination in the Less-Than- Decision Memorandum. above, but the producer is, then the cash Fair-Value Investigation of Carbon and Alloy Wire 9 For further discussion of this issue, see deposit rate will be equal to the from Italy’’ dated concurrently with, and hereby Memorandum entitled, ‘‘Certain Carbon and Alloy company-specific estimated weighted- adopted by, this notice (Preliminary Decision Steel Wire Rod from Italy: Ferriere Nord S.p.A. and average dumping margin established for Memorandum). Acciaierie di Verona S.p.A. Affiliation and that producer of the subject 4 See Antidumping Duties; Countervailing Duties, Collapsing Memorandum’’ (Ferriere Nord and AdV Final Rule, 62 FR 27296, 27323 (May 19, 1997). Prelim Affiliation and Collapsing Memo), dated merchandise; and (3) the cash deposit 5 See Initiation Notice at 19207–08. concurrently with this preliminary determination. rate for all other producers and
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exporters will be equal to the all-others determination within 75 days after the physical description of subject merchandise estimated weighted-average dumping date of its preliminary determination. above. Although the HTSUS subheadings are margin. Accordingly, the Department will make provided for convenience and customs its final determination no later than 75 purposes, the written description of the Disclosure scope of these proceedings is dispositive. days after the signature date of this The Department intends to disclose preliminary determination. Appendix II its calculations and analysis performed to interested parties in this preliminary International Trade Commission List of Topics Discussed in the Preliminary Decision Memorandum determination within five days of any Notification public announcement or, if there is no In accordance with section 733(f) of I. Summary public announcement, within five days the Act, the Department will notify the II. Background III. Period of Investigation of the date of publication of this notice International Trade Commission (ITC) of IV. Scope Comments in accordance with 19 CFR 351.224(b). its preliminary determination. If the V. Affiliation and Collapsing final determination is affirmative, the Verification VI. Discussion of the Methodology ITC will determine before the later of A. Determination of the Comparison As provided in section 782(i)(1) of the 120 days after the date of this Method Act, the Department intends to verify preliminary determination or 45 days B. Results of the Differential Pricing the information relied upon in making after the final determination whether Analysis its final determination. these imports are materially injuring, or VII. Date of Sale threaten material injury to, the U.S. VIII. Product Comparisons Public Comment IX. Export Price and Constructed Export industry. Case briefs or other written comments Price Notification to Interested Parties X. Normal Value may be submitted to the Assistant A. Home Market Viability Secretary for Enforcement and This determination is issued and B. Level of Trade Compliance no later than seven days published in accordance with sections C. Cost of Production (COP) Analysis after the date on which the last 733(f) and 777(i)(1) of the Act and 19 1. Calculation of COP verification report is issued in this CFR 351.205(c). 2. Test of Comparison Market Sales Prices 3. Results of the COP Test investigation. Rebuttal briefs, limited to Dated: October 24, 2017. D. Calculation of NV Based on Comparison issues raised in case briefs, may be Gary Taverman, submitted no later than five days after Market Prices Deputy Assistant Secretary for Antidumping the deadline date for case briefs.10 XI. Application of Facts Available and Use of and Countervailing Duty Operations, Adverse Inference Pursuant to 19 CFR 351.309(c)(2) and performing the non-exclusive functions and XII. Currency Conversion (d)(2), parties who submit case briefs or duties of the Assistant Secretary for XIII. Conclusion rebuttal briefs in this investigation are Enforcement and Compliance. [FR Doc. 2017–23645 Filed 10–30–17; 8:45 am] encouraged to submit with each argument: (1) A statement of the issue; Appendix I BILLING CODE 3510–DS–P (2) a brief summary of the argument; Scope of the Investigation and (3) a table of authorities. The products covered by this investigation DEPARTMENT OF COMMERCE Pursuant to 19 CFR 351.310(c), are certain hot-rolled products of carbon steel interested parties who wish to request a and alloy steel, in coils, of approximately International Trade Administration hearing, limited to issues raised in the round cross section, less than 19.00 mm in case and rebuttal briefs, must submit a actual solid cross-sectional diameter. [A–791–823] written request to the Assistant Specifically excluded are steel products possessing the above-noted physical Secretary for Enforcement and Carbon and Alloy Steel Wire Rod From characteristics and meeting the Harmonized the Republic of South Africa: Compliance, U.S. Department of Tariff Schedule of the United States (HTSUS) Commerce, within 30 days after the date Preliminary Affirmative Determination definitions for (a) stainless steel; (b) tool of Sales at Less Than Fair Value, of publication of this notice. Requests steel; (c) high-nickel steel; (d) ball bearing should contain the party’s name, steel; or (e) concrete reinforcing bars and Preliminary Affirmative Determination address, and telephone number, the rods. Also excluded are free cutting steel of Critical Circumstances, and number of participants, whether any (also known as free machining steel) Preliminary Determination of No participant is a foreign national, and a products (i.e., products that contain by Shipments weight one or more of the following list of the issues to be discussed. If a elements: 0.1 percent of more of lead, 0.05 AGENCY: Enforcement and Compliance, request for a hearing is made, the percent or more of bismuth, 0.08 percent or International Trade Administration, Department intends to hold the hearing more of sulfur, more than 0.04 percent of Department of Commerce. at the U.S. Department of Commerce, phosphorous, more than 0.05 percent of SUMMARY: The Department of Commerce 1401 Constitution Avenue NW., selenium, or more than 0.01 percent of (the Department) preliminarily Washington, DC 20230, at a time and tellurium). All products meeting the physical determines that carbon and alloy steel date to be determined. Parties should description of subject merchandise that are wire rod (wire rod) from the Republic of not specifically excluded are included in this confirm by telephone the date, time, and South Africa (South Africa) is being, or location of the hearing two days before scope. The products under investigation are is likely to be, sold in the United States the scheduled date. currently classifiable under subheadings at less than fair value (LTFV). The Final Determination 7213.91.3011, 7213.91.3015, 7213.91.3020, period of investigation (POI) is January 7213.91.3093, 7213.91.4500, 7213.91.6000, 1, 2016, through December 31, 2016. Section 735(a)(1) of the Act and 19 7213.99.0030, 7227.20.0030, 7227.20.0080, DATES: Applicable October 31, 2017. CFR 351.210(b)(1) provide that the 7227.90.6010, 7227.90.6020, 7227.90.6030, Department will issue the final and 7227.90.6035 of the HTSUS. Products FOR FURTHER INFORMATION CONTACT: entered under subheadings 7213.99.0090 and Moses Song or John McGowan, AD/CVD 10 See 19 CFR 351.309; see also 19 CFR 351.303 7227.90.6090 of the HTSUS may also be Operations, Office VI, Enforcement and (for general filing requirements). included in this scope if they meet the Compliance, International Trade
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Administration, U.S. Department of Scope Comments timely filed a statement reporting that it Commerce, 1401 Constitution Avenue In accordance with the preamble to had ‘‘no exports, shipments, or sales’’ of NW., Washington, DC 20230; telephone: the Department’s regulations,4 the subject merchandise to the United 11 (202) 482–5041 or (202) 482–3019, Initiation Notice set aside a period of States during the POI. Subsequently, respectively. time for parties to raise issues regarding we received information from U.S. product coverage (scope).5 Certain Customs and Border Protection (CBP) SUPPLEMENTARY INFORMATION: interested parties commented on the confirming Cape Gate’s claim that it had no entries of subject merchandise Background scope of the investigation as it appeared 12 in the Initiation Notice. For a summary during the POI. Furthermore, there is This preliminary determination is of the product coverage comments and no evidence on the record indicating that Cape Gate is affiliated with AMSA, made in accordance with section 733(b) rebuttal responses submitted to the Scaw or CWI. Based on the foregoing, of the Tariff Act of 1930, as amended record for this investigation, and the Department preliminarily (the Act). The Department published the accompanying discussion and analysis determines that Cape Gate had no sales notice of initiation of this investigation of all comments timely received, see the of subject merchandise during the POI, on April 26, 2017.1 On August 21, 2017, Preliminary Scope Decision and, therefore, we preliminarily the Department postponed the Memorandum.6 Since the issuance of determine not to further examine Cape preliminary determination of this the Preliminary Scope Decision Gate as part of this investigation. As Memorandum, certain parties submitted investigation and the revised deadline is such, any entries of subject merchandise now October 24, 2017.2 For a complete scope case briefs or scope rebuttal 7 exported by Cape Gate will be subject to description of the events that followed briefs. The Department will issue a the All-Others Rate. For additional the initiation of this investigation, see final scope decision on the records of information regarding this the Preliminary Decision the wire rod investigations after determination, see the Preliminary Memorandum.3 A list of topics included considering those comments submitted Decision Memorandum. in the Preliminary Decision in scope case and rebuttal briefs. Preliminary Affirmative Determination Memorandum is included as Appendix Methodology II to this notice. The Preliminary of Critical Circumstances Decision Memorandum is a public The Department is conducting this In accordance with section 733(e) of document and is on file electronically investigation in accordance with section the Act and 19 CFR 351.206, the 731 of the Act. Based on the record via Enforcement and Compliance’s Department preliminarily finds that evidence and the Department’s practice, Antidumping and Countervailing Duty critical circumstances exist for the we preliminarily find that mandatory Centralized Electronic Service System collapsed entity AMSA/Scaw/CWI and respondent ArcelorMittal South Africa all other producers and exporters. For a (ACCESS). ACCESS is available to Limited (AMSA), mandatory respondent registered users at https:// description of the methodology and Scaw South Africa (Pty) Ltd. (also results of the Department’s critical access.trade.gov, and to all parties in the known as Scaw Metals Group) (Scaw), Central Records Unit, Room B8024 of circumstances analysis, see the and Consolidated Wire Industries (CWI) Preliminary Decision Memorandum. the main Department of Commerce are affiliated and should be collapsed building. In addition, a complete into one entity (i.e., AMSA/Scaw/CWI).8 All-Others Rate version of the Preliminary Decision Further, a part of the entity, Scaw, failed Pursuant to section 735(c)(5)(B) of the Memorandum can be accessed directly to respond to the Department’s Act, if the estimated weighted-average at http://enforcement.trade.gov/frn/. antidumping duty questionnaire. Thus, dumping margins established for all The signed and the electronic versions the Department is relying on the facts exporters and producers individually of the Preliminary Decision otherwise available with adverse examined are zero, de minimis or Memorandum are identical in content. inference for the collapsed entity.9 For determined based entirely on facts further information, see the Preliminary otherwise available, the Department Scope of the Investigation Decision Memorandum. may use any reasonable method to establish the estimated weighted- The products covered by this Preliminary Determination of No Sales investigation are wire rod from South average dumping margin for all-other Africa. For a complete description of the On April 26, 2017, Davsteel Division producers or exporters. The Department scope of this investigation, see of Cape Gate (Pty) Ltd. (Cape Gate), one has preliminarily determined the Appendix I. of the three South African producers/ estimated weighted-average dumping exporters named in the petition,10 margin for AMSA/Scaw/CWI, the collapsed entity, pursuant to section 776 1 See Carbon and Alloy Steel Wire Rod from 4 See Antidumping Duties; Countervailing Duties, Belarus, Italy, the Republic of Korea, the Russian of the Act. According to section Final Rule, 62 FR 27296, 27323 (May 19, 1997). Federation, South Africa, Spain, the Republic of 5 See Initiation Notice, 82 FR at 19207–08. Turkey, Ukraine, United Arab Emirates, and United Republic of South Africa, Spain, Turkey, Ukraine, 6 Kingdom: Initiation of Less-Than-Fair-Value See Memorandum, ‘‘Carbon and Alloy Steel United Arab Emirates, and the United Kingdom; Investigations, 82 FR 19207 (April 26, 2017) Wire Rod from Belarus, Italy, the Republic of Korea, and Countervailing Duties on Imports from Turkey (Initiation Notice). the Russian Federation, South Africa, Spain, the and Italy, dated March 28, 2017 (the Petition), 2 See Carbon and Alloy Steel Wire Rod from Italy, Republic of Turkey, Ukraine, the United Arab Volume VI at 1, and Volume I at Exhibit I–7. the Republic of Korea, the Republic of South Africa, Emirates, and the United Kingdom: Scope 11 See Letter from the Department to the Spain, the Republic of Turkey, Ukraine and the Comments Decision Memorandum for the respondent, regarding ‘‘Certain Carbon and Alloy United Kingdom: Postponement of Preliminary Preliminary Determinations,’’ dated August 7, 2017 Steel Wire Rod from the Republic of South Africa: Determinations in the Less-Than-Fair-Value (Preliminary Scope Decision Memorandum). No Shipment Certification,’’ dated April 26, 2017 Investigations, 82 FR 39564 (August 21, 2017). 7 See Preliminary Decision Memorandum. (Cape Gate’s No-shipment Claim). 3 See Memorandum, ‘‘Decision Memorandum for 8 Id. 12 See Memorandum to The File, entitled ‘‘No the Preliminary Determination in the Less-Than- 9 See section 776(a) and (b) of the Act. Shipment Inquiry Regarding Davsteel Division of Fair-Value Investigation of Carbon and Alloy Steel 10 See the Petitions for the Imposition of Cape Gate (PTY) Ltd. And/or Cape Gate (Pty) Ltd. Wire Rod from the Republic of South Africa’’ dated Antidumping Duties on Imports of Carbon and During the Period 01/01/2016—12/31/2016,’’ dated concurrently with, and hereby adopted by, this Alloy Steel Wire Rod from Belarus, Italy, the June 5, 2017 (CBP No-shipment Claim Confirmation notice (Preliminary Decision Memorandum). Republic of Korea, the Russian Federation, the Memorandum).
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735(c)(5)(A), the Department typically calculate the ‘‘all-others’’ rate as a Preliminary Determination averages the individually examined simple average of the alleged dumping respondents’ rates to calculate the all- margin(s) from the petition, pursuant to The Department preliminarily others rate. Because the Department is section 735(c)(5)(B).13 The rates in the determines that the following estimated preliminarily applying the AFA rate to petition, as amended, were 128.66 weighted-average dumping margins the collapsed entity, however, the percent and 142.26 percent, so the All- exist: Department preliminarily determines to Others rate is 135.46 percent.14
Estimated weighted-average Exporter/producer dumping margin (percent)
ArcelorMittal South Africa Limited, Scaw South Africa (Pty) Ltd. (also known as Scaw Metals Group), and Consolidated Wire Industries ...... 142.26 All-Others ...... 135.46
Suspension of Liquidation of initiation of the investigation was provide information requested by the In accordance with section 733(d)(2) published. The Department Department, and the Department of the Act, the Department will direct preliminarily finds that critical preliminarily determines it to have been U.S. Customs and Border Protection circumstances exist for imports of uncooperative, we will not conduct (CBP) to suspend liquidation of entries subject merchandise produced or verification. exported by AMSA/Scaw/CWI and all of subject merchandise, as described in Public Comment Appendix I, entered, or withdrawn from other exporters/producers. In warehouse, for consumption on or after accordance with section 733(e)(2)(A) of Case briefs or other written comments the date of publication of this notice in the Act, the suspension of liquidation may be submitted to the Assistant the Federal Register. Further, pursuant shall apply to unliquidated entries of Secretary for Enforcement and to section 733(d)(1)(B) of the Act and 19 shipments of subject merchandise from Compliance no later than 50 days after CFR 351.205(d), the Department will the producer or exporter identified in the date of publication of the instruct CBP to require a cash deposit this paragraph that were entered, or preliminary determination, unless the equal to the estimated weighted-average withdrawn from warehouse, for Secretary alters the time limit. Rebuttal dumping margin or the estimated all- consumption on or after the date which briefs, limited to issues raised in case others rate, as follows: (1) The cash is 90 days before the publication of this briefs, may be submitted no later than deposit rate for the respondents listed notice. These suspension of liquidation five days after the deadline date for case above will be equal to the company- instructions will remain in effect until briefs.15 Pursuant to 19 CFR specific estimated weighted-average further notice. 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in dumping margins determined in this Disclosure preliminary determination; (2) if the this investigation are encouraged to exporter is not a respondent identified Normally, the Department discloses to submit with each argument: (1) A above, but the producer is, then the cash interested parties the calculations statement of the issue; (2) a brief deposit rate will be equal to the performed in connection with a summary of the argument; and (3) a company-specific estimated weighted- preliminary determination within five table of authorities. average dumping margin established for days of any public announcement or, if Pursuant to 19 CFR 351.310(c), that producer of the subject there is no public announcement, interested parties who wish to request a merchandise; and (3) the cash deposit within five days of the date of hearing, limited to issues raised in the rate for all other producers and publication of the notice of preliminary case and rebuttal briefs, must submit a exporters will be equal to the all-others determination in the Federal Register, written request to the Assistant estimated weighted-average dumping in accordance with 19 CFR 351.224(b). Secretary for Enforcement and margin. However, because the Department Compliance, U.S. Department of Section 733(e)(2) of the Act provides preliminarily applied AFA to the Commerce, within 30 days after the date that, given an affirmative determination collapsed entity (i.e., AMSA/Scaw/CWI) of publication of this notice. Requests of critical circumstances, any in this investigation, in accordance with should contain the party’s name, suspension of liquidation shall apply to section 776 of the Act, and the applied address, and telephone number, the unliquidated entries of subject AFA rate is based solely on the petition, number of participants, whether any merchandise entered, or withdrawn there are no calculations to disclose. participant is a foreign national, and a from warehouse, for consumption on or list of the issues to be discussed. If a after the later of (a) the date which is 90 Verification request for a hearing is made, the days before the date on which the Because the examined respondent Department intends to hold the hearing suspension of liquidation was first (i.e., the collapsed entity referenced at the U.S. Department of Commerce, ordered, or (b) the date on which notice above) in this investigation did not 1401 Constitution Avenue NW.,
13 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Raw Flexible Affirmative Final Determination of Critical of Sales at Less Than Fair Value: Sodium Nitrite Magnets from Taiwan, 73 FR 39673, 39674 (July 10, Circumstances, 79 FR 14476, 14477 (March 14, from the Federal Republic of Germany, 73 FR 2008); Steel Threaded Rod from Thailand: 2014). 21909, 21912 (April 23, 2008), unchanged in Notice Preliminary Determination of Sales at Less Than 14 See Initiation Notice, 82 FR at 19211; see also of Final Determination of Sales at Less Than Fair Fair Value and Affirmative Preliminary Value: Sodium Nitrite from the Federal Republic of Determination of Critical Circumstances, 78 FR Preliminary Decision Memorandum. Germany, 73 FR 38986, 38987 (July 8, 2008), and 79670, 79671 (December 31, 2013), unchanged in 15 See 19 CFR 351.309; see also 19 CFR 351.303 accompanying Issues and Decision Memorandum at Steel Threaded Rod from Thailand: Final (for general filing requirements). Comment 2; see also Notice of Final Determination Determination of Sales at Less Than Fair Value and
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Washington, DC 20230, at a time and not specifically excluded are included in this Compliance, International Trade date to be determined. Parties should scope. Administration, U.S. Department of confirm by telephone the date, time, and The products under investigation are Commerce, 1401 Constitution Avenue location of the hearing two days before currently classifiable under subheadings NW., Washington, DC 20230; telephone: 7213.91.3011, 7213.91.3015, 7213.91.3020, the scheduled date. 7213.91.3093, 7213.91.4500, 7213.91.6000, (202) 482–2316 or (202) 482–1398. Final Determination 7213.99.0030, 7227.20.0030, 7227.20.0080, SUPPLEMENTARY INFORMATION: 7227.90.6010, 7227.90.6020, 7227.90.6030, Section 735(a)(1) of the Act and 19 and 7227.90.6035 of the HTSUS. Products Background CFR 351.210(b)(1) provide that the entered under subheadings 7213.99.0090 and This preliminary determination is 7227.90.6090 of the HTSUS may also be Department will issue the final made in accordance with section 733(b) determination within 75 days after the included in this scope if they meet the physical description of subject merchandise of the Tariff Act of 1930, as amended date of its preliminary determination. above. Although the HTSUS subheadings are (the Act). The Department published the Accordingly, the Department will make provided for convenience and customs notice of initiation of this investigation its final determination no later than 75 purposes, the written description of the on April 26, 2017.1 On August 21, 2017, days after the signature date of this scope of these proceedings is dispositive. the Department postponed the preliminary determination. Appendix II preliminary determination of this International Trade Commission investigation and revised the deadline List of Topics Discussed in the Preliminary 2 Notification to October 24, 2017. For a complete Decision Memorandum description of the events that followed In accordance with section 733(f) of I. Summary the initiation of this investigation, see the Act, the Department will notify the II. Background the Preliminary Decision International Trade Commission (ITC) of III. Period of Investigation Memorandum.3 A list of topics included its preliminary determination. If the IV. Scope Comments V. Preliminary Determination of No in the Preliminary Decision final determination is affirmative, the Shipments Memorandum is included as Appendix ITC will determine before the later of VI. Affiliation and Collapsing of Affiliates II to this notice. The Preliminary 120 days after the date of this VII. Application of Facts Available and Use Decision Memorandum is a public preliminary determination or 45 days of Adverse Inference document and is on file electronically after the final determination whether A. Application of Facts Available via Enforcement and Compliance’s these imports are materially injuring, or B. Use of Adverse Inference Antidumping and Countervailing Duty threaten material injury to, the U.S. C. Selection and Corroboration of the AFA Centralized Electronic Service System industry. Rate VIII. All-Others Rate (ACCESS). ACCESS is available to Notification to Interested Parties IX. Critical Circumstances registered users at https:// A. Legal Framework access.trade.gov, and to all parties in the This determination is issued and B. Critical Circumstances Allegation Central Records Unit, Room B8024 of published in accordance with sections C. Analysis the main Department of Commerce 733(f) and 777(i)(1) of the Act and 19 X. Conclusion building. In addition, a complete CFR 351.205(c). [FR Doc. 2017–23649 Filed 10–30–17; 8:45 am] version of the Preliminary Decision Dated: October 24, 2017. BILLING CODE 3510–DS–P Memorandum can be accessed directly Gary Taverman, at http://enforcement.trade.gov/frn/. Deputy Assistant Secretary for Antidumping The signed and the electronic versions and Countervailing Duty Operations, DEPARTMENT OF COMMERCE of the Preliminary Decision performing the non-exclusive functions and Memorandum are identical in content. International Trade Administration duties of the Assistant Secretary for Scope of the Investigation Enforcement and Compliance. [A–580–891] The products covered by this Appendix I Carbon and Alloy Steel Wire Rod From investigation are wire rod from Korea. Scope of the Investigation the Republic of Korea: Preliminary For a complete description of the scope The products covered by this investigation Affirmative Determination of Sales at of this investigation, see Appendix I. are certain hot-rolled products of carbon steel Less Than Fair Value, and Preliminary and alloy steel, in coils, of approximately Negative Determination of Critical 1 See Carbon And Alloy Steel Wire Rod From round cross section, less than 19.00 mm in Circumstances Belarus, Italy, the Republic of Korea, the Russian actual solid cross-sectional diameter. Federation, South Africa, Spain, the Republic of Specifically excluded are steel products AGENCY: Enforcement and Compliance, Turkey, Ukraine, United Arab Emirates, and United possessing the above-noted physical International Trade Administration, Kingdom: Initiation of Less-Than-Fair-Value characteristics and meeting the Harmonized Department of Commerce. Investigations, 82 FR 19207 (April 26, 2017) Tariff Schedule of the United States (HTSUS) (Initiation Notice). SUMMARY: The Department of Commerce 2 definitions for (a) stainless steel; (b) tool See Carbon And Alloy Steel Wire Rod From (the Department) preliminarily Belarus, Italy, the Republic of Korea, the Russian steel; (c) high-nickel steel; (d) ball bearing determines that Carbon and Alloy Steel Federation, South Africa, Spain, the Republic of steel; or (e) concrete reinforcing bars and Turkey, Ukraine, United Arab Emirates, and United rods. Also excluded are free cutting steel Wire Rod (wire rod) from the Republic Kingdom: Initiation of Less-Than-Fair-Value (also known as free machining steel) of Korea (Korea) is being, or is likely to Investigations: Postponement of Preliminary products (i.e., products that contain by be, sold in the United States at less than Determinations of Antidumping Duty weight one or more of the following fair value (LTFV). The period of Investigations, 82 FR 35964 (August 21, 2017). elements: 0.1 percent of more of lead, 0.05 investigation (POI) is January 1, 2016, 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of Saels percent or more of bismuth, 0.08 percent or through December 31, 2016. more of sulfur, more than 0.04 percent of at Less-Than-Fair-Value, Preliminary Negative DATES: Determination of Critical Circumstances, in the phosphorous, more than 0.05 percent of Applicable October 31, 2017. FOR FURTHER INFORMATION CONTACT: investigation of Carbon And Alloy Steel Wire Rod selenium, or more than 0.01 percent of From the Republic of Korea’’ dated concurrently tellurium). All products meeting the physical Lingjun Wang or Toni Page, AD/CVD with, and hereby adopted by, this notice description of subject merchandise that are Operations, Office VII, Enforcement and (Preliminary Decision Memorandum).
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Scope Comments estimated weighted-average dumping Disclosure In accordance with the preamble to margins established for exporters and The Department intends to disclose the Department’s regulations,4 the producers individually investigated, its calculations and analysis performed Initiation Notice set aside a period of excluding any zero or de minimis to interested parties in this preliminary time for parties to raise issues regarding margins, and any margins determined determination within five days of any product coverage (i.e., scope).5 Certain entirely under section 776 of the Act. public announcement or, if there is no interested parties commented on the The Department calculated an public announcement, within five days scope of the investigation as it appeared individual estimated weighted-average of the date of publication of this notice in the Initiation Notice. For a summary dumping margin for POSCO, the only in accordance with 19 CFR 351.224(b). of the product coverage comments and individually exporter/producer to Verification rebuttal responses submitted on the receive an individually calculated rate. record for this preliminary Because the only individually As provided in section 782(i)(1) of the determination, and accompanying calculated dumping margin is not zero, Act, the Department intends to verify discussion and analysis of all comments de minimis, or based entirely on facts the information relied upon in making timely received, see the Preliminary otherwise available, the estimated its final determination. 6 Scope Decision Memorandum. The weighted-average dumping margin Public Comment Department is not preliminarily calculated for POSCO is the margin modifying the scope language as it assigned to all-other producers and Case briefs or other written comments appeared in the Initiation Notice. See exporters, pursuant to section may be submitted to the Assistant the scope in Appendix I to this notice. 735(c)(5)(A) of the Act. Secretary for Enforcement and Compliance no later than seven days Methodology Preliminary Determination after the date on which the last The Department is conducting this The Department preliminarily verification report is issued in this investigation in accordance with section determines that the following estimated investigation. Rebuttal briefs, limited to 731 of the Act. The Department has weighted-average dumping margins issues raised in case briefs, may be calculated export prices in accordance exist: submitted no later than five days after with section 772(a) of the Act. the deadline date for case briefs.7 Constructed export prices have been Estimated Pursuant to 19 CFR 351.309(c)(2) and calculated in accordance with section weighted- (d)(2), parties who submit case briefs or 772(b) of the Act. Normal value (NV) is average rebuttal briefs in this investigation are Exporter/producer dumping calculated in accordance with section margin encouraged to submit with each 773 of the Act. For a full description of (percent) argument: (1) A statement of the issue; the methodology underlying the (2) a brief summary of the argument; preliminary determination, see the POSCO ...... 10.09 and (3) a table of authorities. Preliminary Decision Memorandum. All-Others ...... 10.09 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a Preliminary Negative Determination of Suspension of Liquidation hearing, limited to issues raised in the Critical Circumstances case and rebuttal briefs, must submit a In accordance with section 733(d)(2) In accordance with section 733(e) of written request to the Assistant of the Act, the Department will direct the Act and 19 CFR 351.206, the Secretary for Enforcement and U.S. Customs and Border Protection Department preliminarily finds that Compliance, U.S. Department of (CBP) to suspend liquidation of entries critical circumstances do not exist for Commerce, within 30 days after the date of subject merchandise, as described in POSCO or All-Other producers and of publication of this notice. Requests Appendix I, entered, or withdrawn from exporters. For a full description of the should contain the party’s name, warehouse, for consumption on or after methodology and results of the address, and telephone number, the the date of publication of this notice in Department’s critical circumstances number of participants, whether any the Federal Register. Further, pursuant analysis, see the Preliminary Decision participant is a foreign national, and a to section 733(d)(1)(B) of the Act and 19 Memorandum. list of the issues to be discussed. If a CFR 351.205(d), the Department will request for a hearing is made, the All-Others Rate instruct CBP to require a cash deposit Department intends to hold the hearing equal to the estimated weighted-average Sections 733(d)(1)(ii) and 735(c)(5)(A) at the U.S. Department of Commerce, dumping margin or the estimated all- of the Act provide that in the 1401 Constitution Avenue NW., others rate, as follows: (1) The cash preliminary determination the Washington, DC 20230, at a time and deposit rate for the respondent listed Department shall determine an date to be determined. Parties should above will be equal to the company- estimated all-others rate for all exporters confirm by telephone the date, time, and specific estimated weighted-average and producers not individually location of the hearing two days before dumping margins determined in this examined. This rate shall be an amount the scheduled date. equal to the weighted average of the preliminary determination; (2) if the exporter is not a respondent identified Final Determination 4 See Antidumping Duties; Countervailing Duties, above, but the producer is, then the cash Section 735(a)(1) of the Act and 19 Final Rule, 62 FR 27296, 27323 (May 19, 1997). deposit rate will be equal to the CFR 351.210(b)(1) provide that the 5 See Initiation Notice. company-specific estimated weighted- Department will issue the final 6 See Memorandum, ‘‘Carbon And Alloy Steel average dumping margin established for Wire Rod From Belarus, Italy, the Republic of determination within 75 days after the Korea, the Russian Federation, South Africa, Spain, that producer of the subject date of its preliminary determination. the Republic of Turkey, Ukraine, United Arab merchandise; and (3) the cash deposit Accordingly, the Department will make Emirates, and United Kingdom: Scope Comments rate for all other producers and its final determination no later than 75 Decision Memorandum for the Preliminary exporters will be equal to the all-others Determination’’ (Preliminary Scope Decision Memorandum), dated concurrently with this estimated weighted-average dumping 7 See 19 CFR 351.309; see also 19 CFR 351.303 preliminary determination. margin. (for general filing requirements).
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days after the signature date of this Appendix II Constitution Avenue NW., Washington, preliminary determination. List of Topics Discussed in the Preliminary DC 20230; telephone: (202) 482–3518. International Trade Commission Decision Memorandum SUPPLEMENTARY INFORMATION: Notification I. Summary Background In accordance with section 733(f) of II. Background III. Period of Investigation On July 6, 2017, based on a timely the Act, the Department will notify the IV. Postponement of Final Determination and request for review by OCTAL SAOC International Trade Commission (ITC) of Extension of Provisional Measures FZC (OCTAL), the Department its preliminary determination. If the V. Scope Comments published in the Federal Register a final determination is affirmative, the VI. All-Others Rate notice of initiation of an administrative ITC will determine before the later of VII. Preliminary Negative Determination of review of the AD order on PET resin 120 days after the date of this Critical Circumstances from Oman with respect to OCTAL for preliminary determination or 45 days VIII. Preliminary Determination of No Sales the POR.1 On August 22, 2017, pursuant after the final determination whether (Not an Approporiate Party To Be Examied) to 19 CFR 351.213(d)(1), OCTAL timely these imports are materially injuring, or 2 IX. Affiliation and Collapsing withdrew its request to be reviewed. threaten material injury to, the U.S. X. Discussion of the Methodology Rescission of Review industry. A. Determination of the Comparison Notification to Interested Parties Method Pursuant to 19 CFR 351.213(d)(1), the B. Results of the Differential Pricing Department will rescind an This determination is issued and Analysis administrative review, in whole or in published in accordance with sections XI. Date of Sale part, if the parties that requested the 733(f) and 777(i)(1) of the Act and 19 XII. Product Comparisons review withdraw their requests within CFR 351.205(c). XIII. Export Price and Constructed Export 90 days of the publication of the notice Price Dated: October 24, 2017. of initiation of the requested review. XIV. Normal Value Gary Taverman, A. Home Market Viability OCTAL withdrew its review request by Deputy Assistant Secretary for Antidumping B. Affiliated Party Transactions and Arm’s- the 90-day deadline, and no other party and Countervailing Duty Operations, Length Test requested an administrative review of performing the non-exclusive functions and C. Level of Trade the AD order. Therefore, we are duties of the Assistant Secretary for D. Cost of Production (COP) Analysis rescinding the administrative review of Enforcement and Compliance. 1. Calculation of COP the AD order on PET resin from Oman 2. Test of Home Market Sales Prices Appendix I covering the period October 15, 2015, 3. Results of the COP Test through April 30, 2017 in its entirety. Scope of the Investigation E. Calculation of NV Based on Home The products covered by this investigation Market Prices Assessment XV. Currency Conversion are certain hot-rolled products of carbon steel The Department will instruct U.S. and alloy steel, in coils, of approximately XVI. Conclusion Table of Authorities Customs and Border Protection (CBP) to round cross section, less than 19.00 mm in assess AD duties on all appropriate actual solid cross-sectional diameter. [FR Doc. 2017–23646 Filed 10–30–17; 8:45 am] entries. Because the Department is Specifically excluded are steel products BILLING CODE 3510–DS–P possessing the above-noted physical rescinding this administrative review in characteristics and meeting the Harmonized its entirety, the entries to which this Tariff Schedule of the United States (HTSUS) DEPARTMENT OF COMMERCE administrative review pertains shall be definitions for (a) stainless steel; (b) tool assessed AD duties that are equal to the steel; (c) high-nickel steel; (d) ball bearing International Trade Administration cash deposits of estimated AD duties steel; or (e) concrete reinforcing bars and required at the time of entry, or rods. Also excluded are free cutting steel [A–523–810] (also known as free machining steel) withdrawal from warehouse, for consumption, in accordance with 19 products (i.e., products that contain by Polyethylene Terephthalate Resin CFR 351.212(c)(1)(i). The Department weight one or more of the following From the Sultanate of Oman: intends to issue appropriate assessment elements: 0.1 percent or more of lead, 0.05 Rescission of Antidumping Duty percent or more of bismuth, 0.08 percent or instructions to CBP within 15 days after Administrative Review; 2015–2017 more of sulfur, more than 0.04 percent of the publication of this notice in the phosphorous, more than 0.05 percent of AGENCY: Enforcement and Compliance, Federal Register. selenium, or more than 0.01 percent of tellurium). All products meeting the physical International Trade Administration, Notification to Importers description of subject merchandise that are Department of Commerce. not specifically excluded are included in this SUMMARY: The Department of Commerce This notice serves as the only scope. (the Department) is rescinding the reminder to importers of their The products under investigation are administrative review of the responsibility under 19 CFR currently classifiable under subheadings antidumping duty (AD) order on 351.402(f)(2) to file a certificate 7213.91.3011, 7213.91.3015, 7213.91.3020, polyethylene terephthalate resin (PET regarding the reimbursement of 7213.91.3093; 7213.91.4500, 7213.91.6000, resin) from the Sultanate of Oman antidumping duties prior to liquidation 7213.99.0030, 7227.20.0030, 7227.20.0080, (Oman) for the period of review (POR), of the relevant entries during this 7227.90.6010, 7227.90.6020, 7227.90.6030, review period. Failure to comply with and 7227.90.6035 of the HTSUS. Products i.e., October 15, 2015, through April 30, entered under subheadings 7213.99.0090 and 2017. 1 7227.90.6090 of the HTSUS also may be See Initiation of Antidumping and DATES: Applicable October 31, 2017. Countervailing Duty Administrative Reviews, 82 FR included in this scope if they meet the FOR FURTHER INFORMATION CONTACT: 31292 (July 6, 2017) (Initiation Notice). physical description of subject merchandise Jonathan Hill, AD/CVD Operations, 2 See Letter from OCTAL to the Secretary of above. Although the HTSUS subheadings are Commerce ‘‘OCTAL’s Withdrawal of Request for AD provided for convenience and customs Office IV, Enforcement & Compliance, Review Certain Polyethylene Terephthalate (PET) purposes, the written description of the International Trade Administration, Resin from the Sultanate of Oman,’’ dated August scope of this proceeding is dispositive. Department of Commerce, 1401 22, 2017.
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this requirement could result in the DC 20230; telephone: (202) 482–0698 or product coverage (i.e., scope).5 Certain presumption that reimbursement of the (202) 482–1979, respectively. interested parties commented on the AD duties occurred and the subsequent SUPPLEMENTARY INFORMATION: scope of the investigation as it appeared assessment of doubled AD duties. in the Initiation Notice. For a summary Background of the product coverage comments and Administrative Protective Orders This preliminary determination is rebuttal responses submitted to the This notice also serves as the only made in accordance with section 733(b) record for this investigation, and reminder to parties subject to of the Tariff Act of 1930, as amended accompanying discussion and analysis administrative protective order (APO) of (the Act). The Department published the of all comments timely received, see the their responsibility concerning the notice of initiation of this investigation Preliminary Scope Decision return or destruction of proprietary on April 20, 2017.1 On August 15, 2017, Memorandum.6 Since the issuance of information disclosed under APO in the Department postponed the the Preliminary Scope Decision accordance with 19 CFR 351.305, which preliminary determination of this Memorandum, certain parties submitted continues to govern business investigation and the revised deadline is scope case briefs or scope rebuttal proprietary information in this segment now October 24, 2017.2 For a complete briefs.7 The Department will issue a of the proceeding. Timely written description of the events that followed final scope decision on the records of notification of the return or destruction the initiation of this investigation, see the wire rod investigations after of APO materials, or conversion to the Preliminary Decision considering those comments submitted judicial protective order, is hereby Memorandum.3 A list of topics included in scope case and rebuttal briefs. in the Preliminary Decision requested. Failure to comply with the Affiliation and Collapsing regulations and terms of an APO is a Memorandum is included as Appendix violation which is subject to sanction. II to this notice. The Preliminary In accordance with section 771(33)(F) Decision Memorandum is a public of the Act, 19 CFR 351.401(f), and the Notification to Interested Parties document and is on file electronically Department’s practice,8 we are treating This notice is issued and published in via Enforcement and Compliance’s Global Steel Wire (GSW), CELSA accordance with sections 751(a)(1) and Antidumping and Countervailing Duty Atlantic SA (CELSA Atlantic), 777(i)(1) of the Tariff Act of 1930, as Centralized Electronic Service System Compania Espanola de Laminacion amended, and 19 CFR 351.213(d)(4). (ACCESS). ACCESS is available to (CELSA Barcelona) (collectively, CELSA) as a single entity for the Dated: October 25, 2017. registered users at https:// access.trade.gov, and to all parties in the purposes of this preliminary James Maeder, Central Records Unit, Room B8024 of determination.9 Senior Director perfoming the duties of the main Department of Commerce Deputy Assistant Secretary for Antidumping Methodology and Countervailing Duty Operations. building. In addition, a complete version of the Preliminary Decision The Department is conducting this [FR Doc. 2017–23643 Filed 10–30–17; 8:45 am] Memorandum can be accessed directly investigation in accordance with section BILLING CODE 3510–DS–P at http://enforcement.trade.gov/frn/. 731 of the Act. The Department has The signed and the electronic versions calculated export prices in accordance with section 772(a) of the Act. Normal DEPARTMENT OF COMMERCE of the Preliminary Decision Memorandum are identical in content. value (NV) is calculated in accordance with section 773 of the Act. International Trade Administration Scope of the Investigation Furthermore, pursuant to section 776(a) [A–469–816] The products covered by this and (b) of the Act, the Department has investigation are wire rod from Spain. preliminarily relied upon adverse facts Carbon and Alloy Steel Wire Rod From For a complete description of the scope available for ArcelorMittal Espana S.A. Spain: Preliminary Affirmative of this investigation, see Appendix I. (AME). For a full description of the Determination of Sales at Less Than Fair Value and Preliminary Scope Comments 5 See Initiation Notice. Determination of Critical In accordance with the preamble to 6 See Memorandum, ‘‘Carbon and Alloy Steel Circumstances, in Part the Department’s regulations,4 the Wire Rod from Belarus, Italy, the Republic of Korea, Initiation Notice set aside a period of the Russian Federation, South Africa, Spain, the AGENCY: Republic of Turkey, Ukraine, the United Arab Enforcement and Compliance, time for parties to raise issues regarding International Trade Administration, Emirates, and the United Kingdom: Scope Comments Decision Memorandum for the Department of Commerce. 1 See Carbon and Alloy Steel Wire Rod from Preliminary Determination’’ (Preliminary Scope SUMMARY: The Department of Commerce Belarus, Italy, the Republic of Korea, the Russian Decision Memorandum), dated August 7, 2017. (the Department) preliminarily Federation, South Africa, Spain, the Republic of 7 See Preliminary Decision Memorandum. determines that carbon and alloy steel Turkey, Ukraine, United Arab Emirates, and United 8 See, e.g., Notice of Final Determination of Sales Kingdom: Initiation of Less-Than-Fair-Value at Less Than Fair Value: Coated Free Sheet Paper wire rod (wire rod) from Spain is being, Investigations, 82 FR 19207 (April 20, 2017) from Indonesia, 72 FR 60636 (October 25, 2007), or is likely to be, sold in the United (Initiation Notice). and accompanying Issues and Decision States at less than fair value (LTFV). The 2 See Carbon and Alloy Steel Wire Rod From Italy, Memorandum; Certain Coated Paper Suitable for period of investigation (POI) is January the Republic of Korea, the Republic of South Africa, High-Quality Print Graphics Using Sheet-Fed Spain, the Republic of Turkey, Ukraine and the Presses from Indonesia: Final Determination of 1, 2016, through December 31, 2016. United Kingdom: Postponement of Preliminary Sales at Less Than Fair Value, 75 FR 59223 DATES: Applicable October 31, 2017. Determinations in the Less-Than-Fair-Value (September 27, 2010), and accompanying Issues and Investigations, 82 FR 39564 (August 21, 2017). Decision Memorandum, at 4 and Comment 6. FOR FURTHER INFORMATION CONTACT: 3 See Memorandum, ‘‘Decision Memorandum for 9 For further discussion of this issue, see Davina Friedmann or Chelsey the Preliminary Determination in the Less-Than- Preliminary Decision Memorandum; see also Simonovich, AD/CVD Operations, Fair-Value Investigation of Carbon and Alloy Wire Memorandum entitled, ‘‘Certain Carbon and Alloy Office VI, Enforcement and Compliance, from Spain’’ dated concurrently with, and hereby Steel Wire Rod from Spain: GSW, CELSA Atlantic, adopted by, this notice (Preliminary Decision and CELSA Barcelona Affiliation and Collapsing International Trade Administration, Memorandum). Memorandum,’’ dated concurrently with this U.S. Department of Commerce, 1401 4 See Antidumping Duties; Countervailing Duties, notice; see also, Preliminary Decision Constitution Avenue NW., Washington, Final Rule, 62 FR 27296, 27323 (May 19, 1997). Memorandum, at 4–5.
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methodology underlying the Appendix I, entered, or withdrawn from Secretary for Enforcement and preliminary determination, see the warehouse, for consumption on or after Compliance, U.S. Department of Preliminary Decision Memorandum. the date of publication of this notice in Commerce, within 30 days after the date the Federal Register. Further, pursuant of publication of this notice. Requests Preliminary Affirmative Determination to section 733(d)(1)(B) of the Act and 19 should contain the party’s name, of Critical Circumstances CFR 351.205(d), the Department will address, and telephone number, the In accordance with section 733(e) of instruct CBP to require a cash deposit number of participants, whether any the Act and 19 CFR 351.206, the equal to the estimated weighted-average participant is a foreign national, and a Department preliminarily finds that dumping margin or the estimated all- list of the issues to be discussed. If a critical circumstances do not exist for others rate, as follows: (1) The cash request for a hearing is made, the CELSA and all-other companies, but do deposit rate for the respondents listed Department intends to hold the hearing exist for AME. For a full description of above will be equal to the company- at the U.S. Department of Commerce, the methodology and results of the specific estimated weighted-average 1401 Constitution Avenue NW., Department’s critical circumstances dumping margins determined in this Washington, DC 20230, at a time and analysis, see the Preliminary Decision preliminary determination; (2) if the date to be determined. Parties should Memorandum. exporter is not a respondent identified confirm by telephone the date, time, and All-Others Rate above, but the producer is, then the cash location of the hearing two days before deposit rate will be equal to the the scheduled date. Sections 733(d)(1)(ii) and 735(c)(5)(A) company-specific estimated weighted- Final Determination of the Act provide that in the average dumping margin established for preliminary determination the that producer of the subject Section 735(a)(1) of the Act and 19 Department shall determine an merchandise; and (3) the cash deposit CFR 351.210(b)(1) provide that the estimated all-others rate for all exporters rate for all other producers and Department will issue the final and producers not individually exporters will be equal to the all-others determination within 75 days after the examined. This rate shall be an amount estimated weighted-average dumping date of its preliminary determination. equal to the weighted average of the margin. Accordingly, the Department will make estimated weighted-average dumping its final determination no later than 75 margins established for exporters and Disclosure days after the signature date of this producers individually investigated, The Department intends to disclose preliminary determination. excluding any zero and de minimis its calculations and analysis performed International Trade Commission margins, and any margins determined to interested parties in this preliminary Notification entirely under section 776 of the Act. In determination within five days of any this investigation, the Department public announcement or, if there is no In accordance with section 733(f) of preliminarily assigned a rate based public announcement, within five days the Act, the Department will notify the entirely on facts available to AME. of the date of publication of this notice International Trade Commission (ITC) of Therefore, the only rate that is not zero, in accordance with 19 CFR 351.224(b). its preliminary determination. If the de minimis, or based entirely on facts final determination is affirmative, the otherwise available is the rate calculated Verification ITC will determine before the later of for CELSA. Consequently, the estimated As provided in section 782(i)(1) of the 120 days after the date of this weighted-average dumping margin Act, the Department intends to verify preliminary determination or 45 days calculated for CELSA is the margin the information relied upon in making after the final determination whether assigned to all-other producers and its final determination. these imports are materially injuring, or exporters, pursuant to section threaten material injury to, the U.S. 735(c)(5)(A) of the Act. Public Comment industry. Case briefs or other written comments Notification to Interested Parties Preliminary Determination may be submitted to the Assistant The Department preliminarily Secretary for Enforcement and This determination is issued and determines that the following estimated Compliance no later than seven days published in accordance with sections weighted-average dumping margins after the date on which the last 733(f) and 777(i)(1) of the Act and 19 exist: verification report is issued in this CFR 351.205(c). investigation. Rebuttal briefs, limited to Dated: October 24, 2017. Estimated issues raised in case briefs, may be Gary Taverman, weighted-average Exporter/producer dumping margin submitted no later than five days after Deputy Assistant Secretary for Antidumping (percent) the deadline date for case briefs.10 and Countervailing Duty Operations, Pursuant to 19 CFR 351.309(c)(2) and performing the non-exclusive functions and Global Steel Wire/ (d)(2), parties who submit case briefs or duties of the Assistant Secretary for CELSA Atlantic SA/ rebuttal briefs in this investigation are Enforcement and Compliance. Compania Espanola encouraged to submit with each Appendix I de Laminacion ...... 20.25 argument: (1) A statement of the issue; ArcelorMittal Espana Scope of the Investigation S.A...... 32.64 (2) a brief summary of the argument; The products covered by this investigation All-Others ...... 20.25 and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), are certain hot-rolled products of carbon steel interested parties who wish to request a and alloy steel, in coils, of approximately Suspension of Liquidation round cross section, less than 19.00 mm in hearing, limited to issues raised in the In accordance with section 733(d)(2) actual solid cross-sectional diameter. case and rebuttal briefs, must submit a Specifically excluded are steel products of the Act, the Department will direct written request to the Assistant possessing the above-noted physical U.S. Customs and Border Protection characteristics and meeting the Harmonized (CBP) to suspend liquidation of entries 10 See 19 CFR 351.309; see also 19 CFR 351.303 Tariff Schedule of the United States (HTSUS) of subject merchandise, as described in (for general filing requirements). definitions for (a) stainless steel; (b) tool
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steel; (c) high-nickel steel; (d) ball bearing DEPARTMENT OF COMMERCE registered users at https:// steel; or (e) concrete reinforcing bars and access.trade.gov, and to all parties in the rods. Also excluded are free cutting steel International Trade Administration Central Records Unit, Room B8024 of (also known as free machining steel) [A–357–820] the Department’s main building. In products (i.e., products that contain by addition, a complete version of the weight one or more of the following Biodiesel From Argentina: Preliminary Preliminary Decision Memorandum can elements: 0.1 percent or more of lead, 0.05 Affirmative Determination of Sales at be accessed directly at http:// percent or more of bismuth, 0.08 percent or enforcement.trade.gov/frn/. The signed more of sulfur, more than 0.04 percent of Less Than Fair Value, Preliminary and the electronic versions of the phosphorous, more than 0.05 percent of Affirmative Determination of Critical selenium, or more than 0.01 percent of Circumstances, in Part Preliminary Decision Memorandum are identical in content. tellurium). All products meeting the physical AGENCY: Enforcement and Compliance, description of subject merchandise that are International Trade Administration, Scope of the Investigation not specifically excluded are included in this Department of Commerce. scope. The product covered by this The products under investigation are SUMMARY: The Department of Commerce investigation is biodiesel from currently classifiable under subheadings (the Department) preliminarily Argentina. For a complete description of 7213.91.3011, 7213.91.3015, 7213.91.3020, determines that biodiesel from the scope of this investigation, see 7213.91.3093, 7213.91.4500, 7213.91.6000, Argentina is being, or is likely to be, Appendix I. sold in the United States at less than fair 7213.99.0030, 7227.20.0030, 7227.20.0080, Scope Comments 7227.90.6010, 7227.90.6020, 7227.90.6030, value. The period of investigation is and 7227.90.6035 of the HTSUS. Products January 1, 2016, through December 31, In accordance with the preamble to entered under subheadings 7213.99.0090 and 2016. the Department’s regulations,3 the 7227.90.6090 of the HTSUS also may be DATES: Effective October 31, 2017. Initiation Notice set aside a period of included in this scope if they meet the time for parties to raise issues regarding FOR FURTHER INFORMATION CONTACT: physical description of subject merchandise product coverage (i.e., scope).4 No David Lindgren, AD/CVD Operations, above. Although the HTSUS subheadings are interested party commented on the Office VII, Enforcement and provided for convenience and customs scope of the investigation as it appeared Compliance, International Trade purposes, the written description of the in the Initiation Notice. Therefore, the Administration, U.S. Department of scope of this proceeding is dispositive. Department is not preliminarily Commerce, 1401 Constitution Avenue modifying the scope language as it Appendix II NW., Washington, DC 20230; telephone: appeared in the Initiation Notice. See (202) 482–3870. List of Topics Discussed in the Preliminary the scope in Appendix I to this notice. Decision Memorandum SUPPLEMENTARY INFORMATION: Methodology I. Summary Background II. Background The Department is conducting this III. Period of Investigation This preliminary determination is investigation in accordance with section IV. Scope Comments made in accordance with section 733(b) 731 of the Act. The Department has V. Discussion of the Methodology of the Tariff Act of 1930, as amended calculated export prices in accordance A. Determination of the Comparison (the Act). The Department published the with section 772(a) of the Act. Methold notice of initiation of this investigation Constructed export prices have been B. Results of the Differential Pricing on April 19, 2017.1 For a complete calculated in accordance with section Analysis description of the events that followed 772(b) of the Act. Normal value (NV) is VI. Date of Sale the initiation of this investigation, see calculated in accordance with section VII. Product Comparisons the Preliminary Decision 773 of the Act. For a full description of VIII. Export Price and Constructed Export Memorandum.2 A list of topics included the methodology underlying the Price Discussion of the Methodology in the Preliminary Decision IX. Normal Value preliminary determination, see the Memorandum is included as Appendix Preliminary Decision Memorandum. A. Home Market Viability II to this notice. The Preliminary B. Level of Trade Decision Memorandum is a public Preliminary Affirmative Determination C. Cost of Production (COP) Analysis of Critical Circumstances, in Part 1. Calculation of COP document and is on file electronically 2. Test of Comparison Market Sales Prices via Enforcement and Compliance’s In accordance with section 733(e) of 3. Results of the COP Test Antidumping and Countervailing Duty the Act and 19 CFR 351.206, the D. Calculation of NV Based on Comparison Centralized Electronic Service System Department preliminarily finds that Market Prices (ACCESS). ACCESS is available to critical circumstances exist for LDC X. Application of Facts Available and Use of Argentina S.A. (LDC) and ‘‘all other’’ Adverse Facts Available 1 See Biodiesel from Argentina and Indonesia: producers or exporters not individually A. Application of Facts Available Initiation of Less-Than-Fair-Value Investigations, 82 FR 18428 (April 19, 2017) (Initiation Notice). examined. We preliminarily find that B. Use of Adverse Inference 2 See Memorandum to Gary Tavernman, Deputy critical circumstances do not exist for C. Selection and Corroboration of the AFA Assistant Secretary for Antidumping and Vicentin S.A.I.C. (Vicentin) and certain Rate Countervailing Duty Operations performing the affiliated companies (collectively, the XI. Preliminary Determination of Critical non-exclusive functions and duties of the Assistant Vicentin Group).5 For a full description Circumstances Secretary for Enforcement and Compliance, from A. Legal Framework James Maeder, Senior Director for Antidumping and Countervailing Duty Operations performing the 3 See Antidumping Duties; Countervailing Duties, B. Critical Circumstances Allegation duties of Deputy Assistant Secretary for Final Rule, 62 FR 27296, 27323 (May 19, 1997). C. Analysis Antidumping and Countervailing Duty Operations, 4 See Initiation Notice. XII. Currency Conversion ‘‘Decision Memorandum for the Preliminary 5 Vicentin Group consists of the following XIII. Conclusion Determination in the Less-Than-Fair-Value companies: Vicentin, Renova S.A., Oleaginosa Investigation of Biodiesel from Argentina,’’ dated Moreno Hermanos S.A., Molinos Agro S.A., [FR Doc. 2017–23650 Filed 10–30–17; 8:45 am] concurrently with, and hereby adopted by, this Patagonia Energia S.A., VFG Inversiones y BILLING CODE 3510–DS–P notice (Preliminary Decision Memorandum). Continued
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of the methodology and results of the extensive that pricing is not longer All-Others Rate Department’s critical circumstances profitable.7 Vicentin contends the analysis, see the Preliminary Decision GOA’s prices allow for a return on Sections 733(d)(1)(ii) and 735(c)(5)(A) Memorandum. capital. Furthermore, Vicentin asserts of the Act provide that, in the that the claim that the export tax on preliminary determination, the Particular Market Situation soybeans is distortive is speculative and Department shall determine an On August 2, 2017, the National it cites studies finding that the estimated all-others rate for all exporters Biodiesel Board Fair Trade Coalition elimination of the export tax would and producers not individually (petitioner) filed a particular market have a negligible effect on domestic examined. This rate shall be an amount situation (PMS) allegation with respect soybean prices. Finally, Vicentin equal to the weighted average of the to the respondents’ home market sales contends that the Department has estimated weighted-average dumping prices and reported costs of previously made clear that a single margins established for exporters and production.6 The petitioner asserts that subsidized raw material is insufficient producers individually investigated, a PMS exists in Argentina because the to conclude that a PMS exists. excluding rates that are zero, de Government of Argentina (GOA) sets Based on the facts on the record, the minimis, or determined entirely on facts both mandatory monthly sales prices Department preliminarily finds that the available under section 776 of the Act. and sales quotas for biodiesel producers, GOA’s regulation of the domestic In this investigation, the Department and restrains the exports of soybeans biodiesel market amounts to a PMS in calculated estimated weighted-average with an export tax, thereby depressing Argentina that renders the home market dumping margins for LDC and the the respondents’ reported raw material prices of the Vicentin Group and LDC Vicentin Group that are not zero, de costs in Argentina. The petitioner argues outside the ordinary course of trade. minimis, or based entirely on facts that the Department should disregard Therefore, the Department is otherwise available. The Department the respondents’ home market sales preliminarily relying on constructed calculated the all-others rate using a based on a finding that they are value as the basis for NV in this weighted average of the estimated significantly distorted by government investigation for both respondents. The intervention. The petitioner also urges Department also preliminarily finds that weighted-average dumping margins the Department to make an adjustment a PMS exists in Argentina with regard calculated for the examined respondents for the price of soybeans purchased to the price of soybeans as a component using each company’s publicly-ranged from domestic suppliers to address the of the cost of manufacturing (COM) for values for the merchandise under 8 distorted Argentine market for soybeans. biodiesel. Therefore, the Department has consideration. The respondent Vicentin argues that adjusted the Vicentin Group’s and Preliminary Determination the Department has a preference for LDC’s COM to account for the distorted using home market prices and that the cost of soybeans. For a full description The Department preliminarily standard for finding a PMS and rejecting of the methodology underlying the PMS determines that the following estimated home market prices is that the determination, see the Preliminary weighted-average dumping margins government control must be so Decision Memorandum. exist:
Estimated Cash deposit rate weighted-average (adjusted for Exporter or producer dumping margin subsidy offset(s)) (percent) (percent)
LDC Argentina S.A ...... 54.36 54.36 Vicentin S.A.I.C.9 ...... 70.05 10 69.91 All-Others ...... 63.00 11 62.92
Suspension of Liquidation Appendix I, entered, or withdrawn from Department will instruct CBP to require warehouse, for consumption on or after a cash deposit equal to the estimated In accordance with section 733(d)(2) the date of publication of this notice in weighted-average dumping margin, of the Act, the Department will direct the Federal Register. Furthermore, adjusted for export subsidy offset(s), as U.S. Customs and Border Protection (CBP) to suspend liquidation of entries pursuant to section 733(d)(1)(B) of the follows: (1) The cash deposit rate for the of subject merchandise, as described in Act and 19 CFR 351.205(d), the respondents listed above will be equal
Actividades Especiales S.A., Vicentin S.A.I.C. examined respondents; and (C) a weighted-average please see Memorandum to the File ‘‘Antidumping Sucursal Uy, Trading Company X, and Molinos of the estimated weighted-average dumping margins Duty Investigation of Biodiesel from Argentina: Overseas Commodities S.A. See Preliminary calculated for the examined respondents using each Preliminary Determsnation Calculation for the ‘All- Decision Memorandum at ‘‘Affiliation and company’s publicly-ranged U.S. sale quantities for Others’ Rate,’’ October 19, 2017 (Preliminary All- Collapsing.’’ the merchandise under consideration. The Others Rate Memorandum). 6 See Petitioner’s Letter, ‘‘Biodiesel from Department then compares (B) and (C) to (A) and 9 The Department preliminarily determined that Argentina: Petitioner’s Particular Market Situation selects the rate closest to (A) as the most Vicentin S.A.I.C., and companies Renova S.A., Allegation Regarding Respondents’ Home Market appropriate rate for all other producers and Oleaginosa Moreno Hermanos S.A., Molinos Agro Sales and Costs of Production,’’ dated August 2, exporters. See Ball Bearings and Parts Thereof from S.A., Patagonia Energia S.A., VFG Inversiones y 2017 (PMS Allegation). France, Germany, Italy, Japan, and the United 7 Actividades Especiales S.A., Vicentin S.A.I.C. See Vicentin’s Affirmative Pre-Preliminary Kingdom: Final Results of Antidumping Duty Sucursal Uy, Trading Company X, and Molinos Comments at 5. Administrative Reviews, Final Results of Changed- 8 With two respondents under examination, the Circumstances Review, and Revocation of an Order Overseas Commodities S.A. are a single entity. See Department normally calculates (A) a weighted- in Part, 75 FR 53661, 53663 (September 1, 2010). Preliminary Decision Memorandum at ‘‘Affiliation average of the estimated weighted-average dumping As complete publicly ranged sales data was and Collapsing.’’ margins calculated for the examined respondents; available, the Department based the all-others rate 10 See Vicentin Preliminary Analysis (B) a simple average of the estimated weighted- on the publicly ranged sales data of the mandatory Memorandum. average dumping margins calculated for the respondents. For a complete analysis of the data, 11 See Preliminary All-Others Rate Memorandum.
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to the company-specific estimated producer(s) or exporter(s) identified in location of the hearing two days before weighted-average dumping margins, this paragraph that were entered, or the scheduled date. adjusted for export subsidy offset(s), withdrawn from warehouse, for Final Determination determined in this preliminary consumption on or after the date which determination; (2) if the exporter is not is 90 days before the publication of this Section 735(a)(1) of the Act and 19 a respondent identified above, but the notice. CFR 351.210(b)(1) provide that the producer is, then the cash deposit rate These suspension of liquidation Department will issue the final will be equal to the company-specific instructions will remain in effect until determination within 75 days after the estimated weighted-average dumping further notice. date of its preliminary determination. margin, adjusted for export subsidy Accordingly, the Department will make offset(s), established for that producer of Disclosure its final determination no later than 75 the subject merchandise; and (3) the The Department intends to disclose days after the signature date of this cash deposit rate for all other producers its calculations and analysis performed preliminary determination. and exporters will be equal to the all- to interested parties in this preliminary International Trade Commission others estimated weighted-average determination within five days of any Notification dumping margin, adjusted for export public announcement or, if there is no subsidy offset(s). public announcement, within five days In accordance with section 733(f) of The Department normally adjusts of the date of publication of this notice the Act, the Department will notify the cash deposits for estimated antidumping in accordance with 19 CFR 351.224(b). International Trade Commission (ITC) of duties by the amount of export subsidies its preliminary determination. If the countervailed in a companion CVD Verification final determination is affirmative, the proceeding in accordance with section As provided in section 782(i)(1) of the ITC will determine before the later of 772(c)(1)(C), when CVD provisional Act, the Department intends to verify 120 days after the date of this measures are in effect. Accordingly, the information relied upon in making preliminary determination or 45 days where the Department preliminarily its final determination. after the final determination whether made an affirmative determination for Public Comment these imports are materially injuring, or countervailable export subsidies, the threaten material injury to, the U.S. Department has offset the estimated Case briefs or other written comments industry. weighted-average dumping margin by may be submitted to the Assistant the appropriate CVD rate. In the Secretary for Enforcement and Notification to Interested Parties preliminary determination in the Compliance no later than seven days This determination is issued and companion CVD investigation, the after the date on which the last published in accordance with sections Department found that Vicentin had a verification report is issued in this 733(f) and 777(i)(1) of the Act and 19 countervailable export subsidy while investigation, unless the Secretary alters CFR 351.205(c). 12 LDC did not. Therefore, we the time limit. Rebuttal briefs, limited to Dated: October 19, 2017. issues raised in case briefs, may be preliminarily determine to adjust the Gary Taverman, cash deposit rate for the Vicentin Group submitted no later than five days after and make no adjustments to the cash the deadline date for case briefs.13 Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, deposit rate for LDC in the Preliminary Pursuant to 19 CFR 351.309(c)(2) and performing the non-exclusive functions and Determination. (d)(2), parties who submit case briefs or duties of the Assistant Secretary for Section 733(e)(2) of the Act provides rebuttal briefs in this investigation are Enforcement and Compliance. that, given an affirmative determination encouraged to submit with each of critical circumstances, any argument: (1) A statement of the issue; Appendix I suspension of liquidation shall apply to (2) a brief summary of the argument; Scope of the Investigation unliquidated entries of subject and (3) a table of authorities. The product covered by this investigation merchandise entered, or withdrawn Pursuant to 19 CFR 351.310(c), is biodiesel, which is a fuel comprised of from warehouse, for consumption on or interested parties who wish to request a mono-alkyl esters of long chain fatty acids after the later of (a) the date which is 90 hearing, limited to issues raised in the derived from vegetable oils or animal fats, days before the date on which the case and rebuttal briefs, must submit a including biologically-based waste oils or suspension of liquidation was first written request to the Assistant greases, and other biologically-based oil or fat ordered, or (b) the date on which notice Secretary for Enforcement and sources. The investigation cover biodiesel in of initiation of the investigation was Compliance, U.S. Department of pure form (B100) as well as fuel mixtures published. The Department Commerce, within 30 days after the date containing at least 99 percent biodiesel by preliminarily finds that critical volume (B99). For fuel mixtures containing of publication of this notice. Requests less than 99 percent biodiesel by volume, circumstances exist for imports of should contain the party’s name, only the biodiesel component of the mixture subject merchandise produced or address, and telephone number, the is covered by the scope of the investigation. exported by LDC and ‘‘all other’’ number of participants, whether any Biodiesel is generally produced to exporters and producers not participant is a foreign national, and a American Society for Testing and Materials individually examined. In accordance list of the issues to be discussed. If a International (ASTM) D6751 specifications, with section 733(e)(2)(A) of the Act, the request for a hearing is made, the but it can also be made to other suspension of liquidation shall apply to Department intends to hold the hearing specifications. Biodiesel commonly has one unliquidated entries of shipments of at the U.S. Department of Commerce, of the following Chemical Abstracts Service subject merchandise from the (CAS) numbers, generally depending upon 1401 Constitution Avenue NW., the feedstock used: 67784–80–9 (soybean oil Washington, DC 20230, at a time and 12 methyl esters); 91051–34–2 (palm oil methyl See Biodiesel from Argentina: Preliminary date to be determined. Parties should esters); 91051–32–0 (palm kernel oil methyl Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances confirm by telephone the date, time, and esters); 73891–99–3 (rapeseed oil methyl Determination, in Part, 82 FR 40748 (August 28, esters); 61788–61–2 (tallow methyl esters); 2017), and accompanying Preliminary Decision 13 See 19 CFR 351.309; see also 19 CFR 351.303 68990–52–3 (vegetable oil methyl esters); Memorandum. (for general filing requirements). 129828–16–6 (canola oil methyl esters);
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67762–26–9 (unsaturated alkylcarboxylic investigation (POI) is January 1, 2016, description of the scope of this acid methyl ester); or 68937–84–8 (fatty through December 31, 2016. investigation, see Appendix I. acids, C12–C18, methyl ester). DATES: Applicable October 31, 2017. The B100 product subject to the Scope Comments investigation is currently classifiable under FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations, In accordance with the preamble to subheading 3826.00.1000 of the Harmonized the Department’s regulations,4 the Tariff Schedule of the United States Office II, Enforcement and Compliance, (HTSUS), while the B99 product is currently International Trade Administration, Initiation Notice set aside a period of classifiable under HTSUS subheading time for parties to raise issues regarding U.S. Department of Commerce, 1401 5 3826.00.3000. Although the HTSUS Constitution Avenue NW., Washington, product coverage (i.e., scope). Certain subheadings, ASTM specifications, and CAS DC 20230; telephone: (202) 482–4682. interested parties commented on the numbers are provided for convenience and scope of the investigation as it appeared SUPPLEMENTARY INFORMATION: customs purposes, the written description of in the Initiation Notice. For a summary the scope is dispositive. Background of the product coverage comments and Appendix II This preliminary determination is rebuttal responses submitted to the made in accordance with section 733(b) record for this investigation, and List of Topics Discussed in the Preliminary accompanying discussion and analysis Decision Memorandum of the Tariff Act of 1930, as amended (the Act). The Department published the of all comments timely received, see the I. Summary Preliminary Scope Decision II. Background notice of initiation of this investigation 6 on April 26, 2017.1 On August 21, 2017, Memorandum. Since the issuance of III. Period of Investigation the Preliminary Scope Decision IV. Preliminary Affirmative Critical the Department postponed the Circumstances, In Part preliminary determination of this Memorandum, certain parties submitted A. Legal Framework scope case briefs or scope rebuttal investigation and the revised deadline is 7 B. Critical Circumstances Allegation now October 24, 2017.2 For a complete briefs. The Department will issue a C. Analysis description of the events that followed final scope decision on the records of V. Affiliation and Collapsing the initiation of this investigation, see the wire rod investigations after A. Vicentin Group the Preliminary Decision considering those comments submitted VI. Discussion of the Methodology 3 in scope case and rebuttal briefs. A. Comparisions to Fair Value Memorandum. A list of topics included VII. Product Comparisons in the Preliminary Decision Methodology VIII. Date of Sale Memorandum is included as Appendix The Department is conducting this IX. Export Price and Constructed Export II to this notice. The Preliminary investigation in accordance with section Price Decision Memorandum is a public 731 of the Act. The Department selected X. Normal Value document and is on file electronically two respondents in this investigation, A. Market Viability via Enforcement and Compliance’s XI. Particular Market Situation British Steel Limited (British Steel) and Antidumping and Countervailing Duty Longs Steel UK Limited (Longs Steel). A. Background Centralized Electronic Service System B. Interest Parties’ Arguments British Steel submitted information on (ACCESS). ACCESS is available to C. Analysis the record of this investigation XII. Calculation of Normal Value Based on registered users at https:// demonstrating that it purchased Longs Constructed Value access.trade.gov, and to all parties in the Steel during the POI. British Steel also XIII. Circumstance of Sale Adjustment Central Records Unit, room B8024 of the submitted information supporting its XIV. Adjustment to Cash Deposit Rate for main Department of Commerce claim that it operates essentially as a Export Subsidies building. In addition, a complete new company. After analyzing this XV. Currency Conversion version of the Preliminary Decision XVI. Conclusion information, the Department Memorandum can be accessed directly preliminarily finds that British Steel is [FR Doc. 2017–23601 Filed 10–30–17; 8:45 am] at http://enforcement.trade.gov/frn/. not the successor-in-interest to Longs BILLING CODE 3510–DS–P The signed and the electronic versions Steel. For further discussion, see the of the Preliminary Decision Preliminary Decision Memorandum and Memorandum are identical in content. the Successor-In-Interest Analysis DEPARTMENT OF COMMERCE Scope of the Investigation Memo.8 International Trade Administration With respect to British Steel, the The products covered by this Department has calculated export prices [A–412–826] investigation are wire rod from the in accordance with section 772(a) of the United Kingdom. For a complete Act. Normal value (NV) is calculated in Carbon and Alloy Steel Wire Rod From accordance with section 773 of the Act. the United Kingdom: Preliminary 1 See Carbon and Alloy Steel Wire Rod from Belarus, Italy, the Republic of Korea, the Russian Affirmative Determination of Sales at 4 Federation, South Africa, Spain, the Republic of See Antidumping Duties; Countervailing Duties, Less Than Fair Value, and Preliminary Turkey, Ukraine,United Arab Emirates, and the Final Rule, 62 FR 27296, 27323 (May 19, 1997). Affirmative Determination of Critical United Kingdom: Initiation of Less-Than-Fair-Value 5 See Initiation Notice. Circumstances Investigations, 82 FR 19207 (April 26, 2017) 6 See Memorandum, ‘‘Carbon and Alloy Steel (Initiation Notice). Wire Rod from Belarus, Italy, the Republic of Korea, AGENCY: Enforcement and Compliance, 2 See Carbon and Alloy Steel Wire Rod from Italy, the Russian Federation, South Africa, Spain, the International Trade Administration, the Republic of South Africa, Spain, the Republic Republic of Turkey, Ukraine, the United Arab Department of Commerce. of Turkey, Ukraine and the United Kingdom: Emirates, and the United Kingdom: Scope Postponement of Preliminary Determinations in the Comments Decision Memorandum for the SUMMARY: The Department of Commerce Less-Than-Fair-Value Investigations, 82 FR 39564 Preliminary Determination’’ (Preliminary Scope (the Department) preliminarily (August 21, 2017). Decision Memorandum), dated August 7, 2017. determines that carbon and alloy steel 3 See Memorandum, ‘‘Decision Memorandum for 7 See Preliminary Decision Memorandum. wire rod (wire rod) from the United the Preliminary Determination in the Antidumping 8 See Memorandum, ‘‘Antidumping Duty Duty Investigation of Carbon and Alloy Steel Wire Investigation of Carbon and Alloy Steel Wire Rod Kingdom is being, or is likely to be, sold Rod from the United Kingdom’’ dated concurrently from the United Kingdom: Preliminary Successor- in the United States at less than fair with, and hereby adopted by, this notice In-Interest Determination,’’ dated concurrently with value (LTFV). The period of (Preliminary Decision Memorandum). this preliminary determination.
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Furthermore, pursuant to section 776(a) U.S. Customs and Border Protection Verification and (b) of the Act, the Department has (CBP) to suspend liquidation of entries As provided in section 782(i)(1) of the preliminarily relied upon facts of subject merchandise, as described in Act, the Department intends to verify otherwise available, with an adverse Appendix I, entered, or withdrawn from the information relied upon in making inference, for Longs Steel. For a full warehouse, for consumption on or after its final determination. description of the methodology the date of publication of this notice in underlying the preliminary the Federal Register. Further, pursuant Public Comment determination, see the Preliminary to section 733(d)(1)(B) of the Act and 19 Case briefs or other written comments Decision Memorandum. CFR 351.205(d), the Department will may be submitted to the Assistant instruct CBP to require a cash deposit Preliminary Affirmative Determination Secretary for Enforcement and equal to the estimated weighted-average of Critical Circumstances Compliance no later than seven days dumping margin or the estimated all- after the date on which the last In accordance with section 733(e) of others rate, as follows: (1) The cash verification report is issued in this the Act and 19 CFR 351.206, the deposit rate for the respondents listed investigation. Department preliminarily finds that above will be equal to the company- Pursuant to 19 CFR 351.310(c), critical circumstances exist for British specific estimated weighted-average interested parties who wish to request a Steel, Longs Steel, and all other dumping margins determined in this hearing, limited to issues raised in the producers/exporters. For a full preliminary determination; (2) if the case and rebuttal briefs, must submit a description of the methodology and exporter is not a respondent identified written request to the Assistant results of the Department’s critical above, but the producer is, then the cash Secretary for Enforcement and circumstances analysis, see the deposit rate will be equal to the Compliance, U.S. Department of Preliminary Decision Memorandum. company-specific estimated weighted- Commerce, within 30 days after the date of publication of this notice. Requests All-Others Rate average dumping margin established for that producer of the subject should contain the party’s name, Sections 733(d)(1)(A)(ii) and merchandise; and (3) the cash deposit address, and telephone number, the 735(c)(5)(A) of the Act provide that in rate for all other producers and number of participants, whether any the preliminary determination the exporters will be equal to the all-others participant is a foreign national, and a Department shall determine an estimated weighted-average dumping list of the issues to be discussed. If a estimated all-others rate for all exporters margin. request for a hearing is made, the and producers not individually Section 733(e)(2) of the Act provides Department intends to hold the hearing examined. This rate shall be an amount that, given an affirmative determination at the U.S. Department of Commerce, equal to the weighted average of the of critical circumstances, any 1401 Constitution Avenue NW., estimated weighted-average dumping suspension of liquidation shall apply to Washington, DC 20230, at a time and margins established for exporters and unliquidated entries of subject date to be determined. Parties should producers individually investigated, merchandise entered, or withdrawn confirm by telephone the date, time, and excluding any zero and de minimis from warehouse, for consumption on or location of the hearing two days before margins, and any margins determined after the later of (a) the date which is 90 the scheduled date. entirely under section 776 of the Act. days before the date on which the In this investigation, the Department Final Determination suspension of liquidation was first preliminarily assigned a rate based Section 735(a)(1) of the Act and 19 ordered, or (b) the date on which notice entirely on facts available to Longs CFR 351.210(b)(1) provide that the of initiation of the investigation was Steel. Therefore, the only rate that is not Department will issue the final published. The Department zero, de minimis or based entirely on determination within 75 days after the preliminarily finds that critical facts otherwise available is the rate date of its preliminary determination. circumstances exist for imports of calculated for British Steel. Accordingly, the Department will make subject merchandise produced or Consequently, the rate calculated for its final determination no later than 75 exported by British Steel, Longs Steel, British Steel is also assigned as the rate days after the signature date of this and all other exporters. In accordance for all-other producers and exporters. preliminary determination. with section 733(e)(2)(A) of the Act, the Preliminary Determination suspension of liquidation shall apply to International Trade Commission The Department preliminarily unliquidated entries of shipments of Notification determines that the following estimated subject merchandise from the In accordance with section 733(f) of weighted-average dumping margins producer(s) or exporter(s) that were the Act, the Department will notify the exist: entered, or withdrawn from warehouse, International Trade Commission (ITC) of for consumption on or after the date its preliminary determination. If the Estimated which is 90 days before the publication final determination is affirmative, the weighted- of this notice. These suspension of ITC will determine before the later of average liquidation instructions will remain in Exporter/producer dumping 120 days after the date of this margin effect until further notice. preliminary determination or 45 days (percent) Disclosure after the final determination whether these imports are materially injuring, or British Steel Limited ...... 41.96 The Department intends to disclose threaten material injury to, the U.S. Longs Steel Longs Steel UK its calculations and analysis performed industry. Limited ...... 147.63 to interested parties in this preliminary All-Others ...... 41.96 determination within five days of any Notification to Interested Parties public announcement or, if there is no This determination is issued and Suspension of Liquidation public announcement, within five days published in accordance with sections In accordance with section 733(d)(2) of the date of publication of this notice 733(f) and 777(i)(1) of the Act and 19 of the Act, the Department will direct in accordance with 19 CFR 351.224(b). CFR 351.205(c).
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Dated: October 24, 2017. Adverse Inference Department amended the AD order with Gary Taverman, A. Application of Facts Available respect to brass sheet and strip from B. Use of Adverse Inference Deputy Assistant Secretary for Antidumping Italy.3 On August 12, 1988, the C. Selection and Corroboration of the AFA and Countervailing Duty Operations, Rate Department issued an AD order on performing the non-exclusive functions and XII. Critical Circumstances imports of brass sheet and strip from duties of the Assistant Secretary for 4 XIII. Currency Conversion Japan. Enforcement and Compliance. XIV. Conclusion On March 3, 2017, the Department Appendix I [FR Doc. 2017–23651 Filed 10–30–17; 8:45 am] published the notice of initiation of the fourth sunset reviews of these AD orders BILLING CODE 3510–DS–P Scope of the Investigation on brass sheet and strip 5 from France, The products covered by this investigation Germany, Italy, and Japan pursuant to are certain hot-rolled products of carbon. DEPARTMENT OF COMMERCE section 751(c) of the Tariff Act of 1930, Specifically excluded are steel products as amended (the Act). possessing the above-noted physical characteristics and meeting the Harmonized International Trade Administration The Department conducted these sunset reviews on an expedited basis, Tariff Schedule of the United States (HTSUS) [A–427–602; A–428–602; A–475–601; A– definitions for (a) stainless steel; (b) tool 588–704] pursuant to section 751(c)(3)(B) of the steel; (c) high-nickel steel; (d) ball bearing Act and 19 CFR 351.218(e)(1)(ii)(C)(2), steel; or (e) concrete reinforcing bars and Brass Sheet and Strip From France, because it received a complete and rods. Also excluded are free cutting steel Germany, Italy, and Japan: adequate response from the domestic (also known as free machining steel) Continuation of Antidumping Duty interested pastries, but no substantive products (i.e., products that contain by Orders responses from respondent interested weight one or more of the following parties. As a result of these expedited elements: 0.1 percent of more of lead, 0.05 AGENCY: Enforcement and Compliance, percent or more of bismuth, 0.08 percent or sunset reviews, the Department International Trade Administration, determined that revocation of the AD more of sulfur, more than 0.04 percent of Department of Commerce. phosphorous, more than 0.05 percent of orders on brass sheet and strip from selenium, or more than 0.01 percent of SUMMARY: As a result of the France, Germany, Italy, and Japan tellurium). All products meeting the physical determination by the Department of would likely lead to continuation or description of subject merchandise that are Commerce (the Department) and the recurrence of dumping and, therefore, not specifically excluded are included in this International Trade Commission (ITC) notified the ITC of the magnitude of the scope. that revocation of the antidumping duty The products under investigation are margins likely to prevail should the (AD) orders on brass sheet and strip orders be revoked.6 currently classifiable under subheadings from France, Germany, Italy, and Japan 7213.91.3011, 7213.91.3015, 7213.91.3020, On October 19, 2017, pursuant to 7213.91.3093, 7213.91.4500, 7213.91.6000, would likely lead to a continuation or sections 751(c) and 752(a) of the Act, 7213.99.0030, 7227.20.0030, 7227.20.0080, recurrence of dumping and material the ITC published a notice of its 7227.90.6010, 7227.90.6020, 7227.90.6030, injury to an industry in the United determination that revocation of the AD and 7227.90.6035 of the HTSUS. Products States, the Deparment is publishing a orders on brass sheet and strip from entered under subheadings 7213.99.0090 and notice of continuation of the AD orders. France, Germany, Italy, and Japan 7227.90.6090 of the HTSUS may also be DATES: Applicable October 31, 2017. would likely lead to continuation or included in this scope if they meet the physical description of subject merchandise FOR FURTHER INFORMATION CONTACT: recurrence of material injury to an above. Although the HTSUS subheadings are Aimee Phelan, AD/CVD Operations, industry in the United States within a provided for convenience and customs Office I, Enforcement and Compliance, reasonably foreseeable time.7 International Trade Administration, purposes, the written description of the Scope of the Orders scope of these proceedings is dispositive. U.S. Department of Commerce, 1401 The product covered by the orders is Appendix II Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0697. brass sheet and strip, other than leaded List of Topics Discussed in the Preliminary SUPPLEMENTARY INFORMATION: and tinned brass sheet and strip, from Decision Memorandum France, Germany, Italy, and Japan. The I. Summary Background chemical composition of the covered II. Background On March 6, 1987, the Department product is currently defined in the III. Period of Investigation published in the Federal Register the Copper Development Association IV. Scope Comments AD orders on brass sheet and strip from (‘‘C.D.A.’’) 200 Series or the Unified V. Successor-In-Interest France, Germany, and Italy.1 On VI. Discussion of the Methodology 3 See Amendment to Final Determination of Sales A. Determination of Comparison Method September 23, 1988, the Department amended the AD order with respect to at Less Than Fair Value and Amendment of B. Results of the Differential Pricing Antidumping Duty Order in Accordance with 2 Analysis brass sheet and strip from Germany. Decision Upon Remand: Brass Sheet and Strip from VII. Date of Sale Similarly, on May 21, 1991, the Italy, 56 FR 23272 (May 21, 1991). VIII. Product Comparisons 4 See Antidumping Duty Order: Brass Sheet and IX. Export Price 1 See Antidumping Duty Order: Brass Sheet and Strip from Japan, 53 FR 30454 (August 12, 1988). X. Normal Value Strip from France, 52 FR 6995 (March 6, 1987); 5 See Initiation of Five-Year (‘‘Sunset’’) Reviews, A. Home Market Viability Antidumping Duty Order: Brass Sheet and Strip 82 FR 12438 (March 3, 2017) (Initiation). B. Level of Trade from Italy, 52 FR 6997 (March 6, 1987); See 6 See Brass Sheet and Strip from France, C. Cost of Production (COP) Analysis Antidumping Duty Order; Brass Sheet and Strip Germany, Italy, and Japan: Final Results of the 1. Calculation of COP from the Federal Republic of Germany, 52 FR 35750 Expedited Fourth Sunset Review of the 2. Test of Comparison Market Sales Prices (March 6, 1987). Antidumping Duty Orders, 82 FR 31046 (July 5, 2 2017). 3. Results of the COP Test See Antidumping Duty Order; Brass Sheet and Strip from the Federal Republic of Germany, 52 FR 7 See Brass Sheet and Strip from France, D. Calculation of NV Based on Comparison 35750 (March 6, 1987), amended at Final Germany, Italy, and Japan; Determinations, 82 FR Market Prices Determination of Sales at Less Than Fair Value and 48724 (October 19, 2017) and ITC Publication titled E. Calculation of NV Based on Constructed Amendment to Antidumping Duty Order: Brass Brass Sheet and Strip from France, Germany, Italy, Value Sheet and Strip from the Federal Republic of and Japan: Investigtion Nos. 731–TA–313–314, 317 XI. Application of Facts Available and Use of Germany, 52 FR 35750 (September 23, 1987). and 379 (Fourth Review) (October 2017).
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Numbering System (‘‘U.N.S.’’) C2000. DEPARTMENT OF COMMERCE before this group for discussion, those The orders do not cover products the issues may not be the subject of formal chemical compositions of which are National Oceanic and Atmospheric action during these meetings. Action defined by other C.D.A. or U.N.S. series. Administration will be restricted to those issues In physical dimensions, the product RIN 0648–XF797 specifically listed in this notice and any covered by the orders has a solid issues arising after publication of this rectangular cross section over 0.006 New England Fishery Management notice that require emergency action inches (0.15 millimeters) through 0.188 Council; Public Meeting under section 305(c) of the Magnuson- inches (4.8 millimeters) in finished Stevens Act, provided the public has AGENCY: National Marine Fisheries been notified of the Council’s intent to thickness or gauge, regardless of width. Service (NMFS), National Oceanic and Coiled, wound-on-reels (traverse take final action to address the Atmospheric Administration (NOAA), emergency. wound), and cut-to-length products are Commerce. included. The merchandise is currently ACTION: Notice; public meeting. Special Accommodations classified under Harmonized Tariff This meeting is physically accessible SUMMARY: The New England Fishery Schedule of the United States to people with disabilities. This meeting Management Council (Council) is (‘‘HTSUS’’) item numbers 7409.21.00 will be recorded. Consistent with 16 scheduling a public meeting of its and 7409.29.00. U.S.C. 1852, a copy of the recording is Herring Advisory Panel to consider available upon request. Requests for Although the HTSUS item numbers actions affecting New England fisheries sign language interpretation or other are provided for convenience and in the exclusive economic zone (EEZ). auxiliary aids should be directed to customs purposes, the written Recommendations from this group will Thomas A. Nies, Executive Director, at description of the scope of the orders be brought to the full Council for formal remains dispositive. consideration and action, if appropriate. (978) 465–0492, at least 5 days prior to the meeting date. Continuation of the Orders DATES: This meeting will be held on Monday, November 20, 2017 at 10 a.m. Authority: 16 U.S.C. 1801 et seq. As a result of the determinations by ADDRESSES: The meeting will be held at Dated: October 25, 2017. the Department and the ITC that the Holiday Inn, 700 Myles Standish Tracey L. Thompson, revocation of the AD orders would Blvd., Taunton, MA 02780; telephone: Acting Deputy Director, Office of Sustainable likely lead to continuation or recurrence (508) 823–0430. Fisheries, National Marine Fisheries Service. of dumping and material injury to an Council Address: New England [FR Doc. 2017–23592 Filed 10–30–17; 8:45 am] industry in the United States, pursuant Fishery Management Council, 50 Water BILLING CODE 3510–22–P to section 751(d)(2) of the Act and 19 Street, Mill 2, Newburyport, MA 01950. CFR 351.218(a), the Department hereby FOR FURTHER INFORMATION CONTACT: orders the continuation of the AD orders Thomas A. Nies, Executive Director, DEPARTMENT OF COMMERCE New England Fishery Management on brass sheet and strip from France, National Oceanic and Atmospheric Germany, Italy, and Japan. Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: Administration U.S. Customs and Border Protection RIN 0648–XF540 will continue to collect AD cash Agenda deposits at the rates in effect at the time The Advisory Panel will review Takes of Marine Mammals Incidental to of entry for all imports of subject analyses prepared for Herring Specified Activities; Taking Marine merchandise. The effective date of Amendment 8 Draft Environmental Mammals Incidental to the Biorka continuation of these orders will be the Impact Statement (DEIS) specific to the Island Dock Replacement Project date of publication in the Federal range of alternatives developed to AGENCY: Register of this notice of continuation. address potential localized depletion National Marine Fisheries Service (NMFS), National Oceanic and Pursuant to section 751(c)(2) of the Act, and user conflicts in the herring fishery. Atmospheric Administration (NOAA), the Department intends to initiate the The panel may identify preferred Commerce. next five-year review of these orders not alternatives for the Committee to ACTION: Notice; issuance of an incidental later than 30 days prior to the fifth consider the following day. The panel is harassment authorization. anniversary of the effective date of not scheduled to discuss the other measures under consideration in continuation. SUMMARY: In accordance with the Amendment 8, Acceptable Biological regulations implementing the Marine These five-year sunset reviews and Catch (ABC) control rule alternatives. Mammal Protection Act (MMPA) as this notice are in accordance with The Council reviewed the ABC control amended, notification is hereby given section 751(c) of the Act and published rule alternatives at the September 2017 that NMFS has issued an incidental pursuant to section 777(i)(1) of the Act, meeting and declined to select a harassment authorization (IHA) to the and 19 CFR 351.218(f)(4). preferred alternative, but approved that Federal Aviation Administration (FAA) portion of Amendment 8 to proceed for Dated: October 24, 2017. to incidentally harass, by Level A and submission and public comment. They Gary Taverman, Level B harassment, marine mammals will discuss recommendations for the during construction activities associated Deputy Assistant Secretary for Antidumping Committee to consider for Herring with the Biorka dock replacement and Countervailing Duty Operations, Research Set-Aside research priorities performing the non-exclusive functions and project in Symonds Bay, AK. for fishing years 2019–21 and discuss duties of the Assistant Secretary for DATES: This Authorization is applicable Enforcement and Compliance. any challenges the program has had in recent years. They will discuss other from May 1, 2018, through April 30, [FR Doc. 2017–23642 Filed 10–30–17; 8:45 am] business, as necessary. 2019. BILLING CODE 3510–DS–P Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: contained in this agenda may come Shane Guan, Office of Protected
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Resources, NMFS, (301) 427–8401. mammal or marine mammal stock in the May 1, 2018 through September 30, Electronic copies of the applications wild (Level A harassment); or (ii) has 2018; however, this IHA is valid for one and supporting documents, as well as a the potential to disturb a marine year, from May 1, 2018, through April list of the references cited in this mammal or marine mammal stock in the 30, 2019. document, may be obtained online at: wild by causing disruption of behavioral Description of the Specified Activity www.nmfs.noaa.gov/pr/permits/ patterns, including, but not limited to, incidental/construction.htm. In case of migration, breathing, nursing, breeding, Overview problems accessing these documents, feeding, or sheltering (Level B please call the contact listed above. harassment). The FAA is constructing a SUPPLEMENTARY INFORMATION: replacement dock on Biorka Island in National Environmental Policy Act Symonds Bay near Sitka, Alaska. The Background To comply with the National purpose of the Project is to improve and Sections 101(a)(5)(A) and (D) of the Environmental Policy Act (NEPA) of maintain the sole point of access to MMPA (16 U.S.C. 1361 et seq.) direct 1969 (NEPA; 42 U.S.C. 4321 et seq.) and Biorka Island and the navigational and the Secretary of Commerce (as delegated NOAA Administrative Order (NAO) weather facilities located on the island. to NMFS) to allow, upon request, the 216–6A, NMFS must review our The existing dock has deteriorated and incidental, but not intentional, taking of proposed action (i.e., the issuance of an reached the end of its useful life. small numbers of marine mammals by incidental harassment authorization) Regular and repetitive heavy surging with respect to environmental U.S. citizens who engage in a specified seas, along with constant use have consequences on the human activity (other than commercial fishing) destroyed the face of the existing environment. This action is consistent within a specified geographical region if floating marine dock, and have broken with categories of activities identified in certain findings are made and either cleats making it difficult to tie a vessel CE B4 of the Companion Manual for regulations are issued or, if the taking is to the existing dock. In its present NOAA Administrative Order 216–6A, limited to harassment, a notice of a condition, small vessels cannot use the which do not individually or proposed authorization is provided to dock to provide supplies to facilities on cumulatively have the potential for the public for review. the island. The existing barge landing significant impacts on the quality of the An Incidental Take Authorization area is reinforced seasonally by adding human environment and for which we (ITA) shall be granted if NMFS finds fill to the landing at the shoreline, have not identified any extraordinary which is periodically washed away by that the taking will have a negligible circumstances that would preclude this impact on the species or stock(s), will storms and wave action. The Project categorical exclusion. Accordingly, would reconstruct the deteriorated not have an unmitigable adverse impact NMFS has determined that the issuance on the availability of the species or existing dock and construct an of the IHA qualifies to be categorically improved barge landing area. A detailed stock(s) for subsistence uses (where excluded from further NEPA review and relevant), and if the permissible description of the planned dock a Categorical Exclusion memo was replacement project is provided in the methods of taking and requirements signed in October 2017. pertaining to the mitigation, monitoring Federal Register notice for the proposed and reporting of such takings are set Summary of Request IHA (82 FR 41229; August 30, 2017). Since that time, no changes have been forth. On March 31, 2017, NMFS received a made to the planned activities. NMFS has defined ‘‘negligible request from the FAA for an IHA to take Therefore, a detailed description is not impact’’ in 50 CFR 216.103 as an impact marine mammals incidental to pile provided here. Please refer to that resulting from the specified activity that driving and removal and down the hole Federal Register notice for the cannot be reasonably expected to, and is (DTH) drilling in association with the description of the specific activity. not reasonably likely to, adversely affect Biorka Island Dock Replacement Project the species or stock through effects on (Project) in Symonds Bay, Alaska. The Table 1 provides a summary of the six annual rates of recruitment or survival. FAA’s request is for take of five species methods of construction (‘‘scenarios’’) The MMPA states that the term ‘‘take’’ by Level A and Level B harassment. used in the modeling of the zone of means to harass, hunt, capture, kill or Neither the FAA nor NMFS expect influence (ZOI)s for the Biorka Project. attempt to harass, hunt, capture, or kill mortality to result from this activity The ZOIs effectively represent the any marine mammal. and, therefore, an IHA is appropriate. mitigation zone that would be Except with respect to certain In-water work associated with the in- established around each pile to prevent activities not pertinent here, the MMPA water construction is expected to be Level A harassment to marine defines ‘‘harassment’’ as any act of completed within 70 days starting May mammals, while providing estimates of pursuit, torment, or annoyance which (i) 1, 2018. We expect the in-water the areas within which Level B has the potential to injure a marine construction work to occur between harassment might occur.
TABLE 1—PILE DRIVING MODELING SCENARIOS FOR THE BIORKA PROJECT
Vibratory DTH Impact Piles Total Shift Scenario Description installed Hrs per hours Hours Total Hours Total (hr) per day pile per per pile hours per pile strikes day per day per day
S1 ...... Removal of existing piles 21 0.33 6.93 NA 2 NA 2 6.93 and installation/removal of temporary piles 1.
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TABLE 1—PILE DRIVING MODELING SCENARIOS FOR THE BIORKA PROJECT—Continued
Vibratory DTH Impact Piles Total Shift Scenario Description installed Hrs per hours Hours Total Hours Total (hr) per day pile per per pile hours per pile strikes day per day per day
S2 ...... Installation of 18-inch pipe 3 ...... 0.99 2 6 0.17 15 7.49 piles (dock and dolphin).
S3 ...... Installation of 18-inch pipe 4 ...... 1.32 NA 0.33 2720 2.65 piles (barge landing).
S4 ...... Installation of 30-inch pipe 2 ...... 0.66 2 4 0.17 10 4.99 piles (dolphins).
S5 ...... Installation of H piles (dock 8 ...... 2.64 NA 2 0.33 5440 5.31 wave barrier).
S6 ...... Installation of sheet piles 12 ...... 3.96 NA 2 0.25 6120 6.96 (dock wave barrier and barge landing). 1 Existing piles to be removed include 3 24-in concrete piles, 14 8-in steel piles, 8 10-in steel piles, 14 12.75-in steel piles, and 7 14- to 8-in timber piles. 2 NA indicates when a pile driving method was not required in a given scenario.
Comment and Responses Commission and its Committee of likely to potentially be taken by the A notice of NMFS’s proposal to issue Scientific Advisors on Marine Mammals specified activity. These include the an IHA to the FAA was published in the to provide guidance on this issue. Steller sea lion (Eumetopias jubatus), Comment 2: The Commission is Federal Register on August 30, 2017 (82 harbor seal (Phoca vitulina), harbor unsure why NMFS is not implementing FR 41229). That notice described, in porpoise (Phocoena phocoena), killer consistent measures for action detail, the FAA’s activity, the marine whale (Orcinus orca), and humpback proponents that plan to conduct similar mammal species that may be affected by whale (Megaptera noviaeangliae). activities (e.g. shutdowns for vibratory the activity, and the anticipated effects Multiple additional marine mammal driving and DTH drilling). The on marine mammals. During the 30-day species may occasionally enter Sitka Commission recommends that NMFS (1) public comment period, NMFS received sound but are not expected to be present determine whether action proponents comments from the Marine Mammal in the shallow nearshore waters of the would be required to implement delay action area. Commission (Commission). or shut-down procedures during use of Comment 1: The Commission has Sections 3 and 4 of the FAA’s vibratory and down-the-hole hammers concerns regarding the appropriateness application summarize available and (2) require, or refrain from of the manner in which NMFS has information regarding status and trends, requiring, those measures consistently distribution and habitat preferences, estimated Level A harassment zones. for all authorizations involving those The Commission recommends that and behavior and life history of the activities. potentially affected species. Additional NMFS consult with both internal and Response: NMFS has confirmed that information regarding population trends external scientists and acousticians to the FAA will be required to implement and threats may be found in NMFS’s determine the appropriate accumulation shutdown and delay procedures during Stock Assessment Reports (SAR; time that action proponents should use the use of all construction equipment, www.nmfs.noaa.gov/pr/sars/) and more to determine the extent of the Level A including vibratory driving and removal general information about these species harassment zones based on the and DTH drilling. In the future, NMFS (e.g., physical and behavioral associated permanent threshold shift will ensure consistency across all descriptions) may be found on NMFS’s (PTS) cumulative sound exposure level authorizations in our mitigation Web site (www.nmfs.noaa.gov/pr/ (SELcum) thresholds for the various types requirements. of sound sources, including stationary Comment 3: The Commission species/mammals/). sound sources, when simple area x recommended that NMFS share the Table 2 lists all species with expected density methods are employed. rounding criteria with the Commission occurrence in Symonds Bay and Sitka Estimated swimming speeds of various such that the matter of when rounding Sound and summarizes information species and behavior patterns (including should occur in the take calculation can related to the population or stock, residency patterns) should be be resolved in the near future. including potential biological removal considered, and multiple scenarios Response: NMFS will share the (PBR), where known. For taxonomy, we should be evaluated using animat rounding criteria with the Commission follow Committee on Taxonomy (2016). modeling. soon and looks forward to working with PBR is defined by the MMPA as the Response: NMFS will take the them in the future to resolve this issue. maximum number of animals, not Commission’s recommendation into including natural mortalities, that may consideration and will consult with Description of Marine Mammals in the be removed from a marine mammal internal scientists on this issue in the Area of the Specified Activity stock while allowing that stock to reach future; however it does not change our There are five marine mammal or maintain its optimum sustainable isopleths or the number of takes for this species that may transit through the population (as described in NMFS’s specific action. We also welcome the waters nearby the Project area, and are SARs). While no mortality is anticipated
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or authorized here, PBR and annual as available information regarding therefore, detailed descriptions are not serious injury and mortality are population trends and threats, and provided here. Please refer to that included here as gross indicators of the information regarding local occurrence, Federal Register notice for these status of the species and other threats. were provided in the Federal Register descriptions. Please also refer to NMFS’ A detailed description of the of the notice for the proposed IHA (82 FR Web site (www.nmfs.noaa.gov/pr/ species likely to be affected by the 41229; August 30, 2017); since that species/mammals/) for generalized Project, including brief introductions to time, we are not aware of any changes species accounts. the species and relevant stocks as well in the status of these species and stocks;
TABLE 2—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF BIORKA ISLAND
ESA/MMPA Stock abundance (CV, Relative occurrence in status; Annual Symonds Bay and Sitka Species Stock N , most recent abun- PBR 3 strategic min M/SI 4 Sound; season of occur- dance survey) 2 (Y/N) 1 rence
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Phocoenidae (porpoises)
Harbor porpoise Southeast Alaska ...... -; Y 11,146 (0.242; n/a; Undet. 34 Common. (Phocoena phocoena). 1997).
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae (dolphins)
Killer whale (Orcinus Eastern North Pacific -; N 587 (n/a; 587; 2012) ..... 0 0 Infrequent. orca). Gulf of Alaska, Aleu- tian Island, and Ber- ing Sea Transient. West Coast Transient ... -; N 243 (n/a; 243; 2009) ..... 2.4 0
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae
Humpback whale 5 Central North Pacific -; Y 10,103 (0.300; 7,890; 83 24 Likely. (Megaptera stock. 2006). novaeangliae).
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
Steller sea lion Western ...... E; Y 49,497 (n/a; 49,497; 297 236 Common. (Eumetopias jubatus). 2014). Eastern ...... -; N 60,131 (n/a; 36,551; 1,645 108 2013).
Family Phocidae (earless seals)
Harbor seal (Phoca Sitka/Chatham ...... -; N 14,855 (n/a; 13,212; 155 77 Common. vitulina). 2011). 1 Endangered Species Act (ESA) status: Yes (Y), No (N), Endangered (E), Threatened (T)/Marine Mammal Protection Act (MMPA) status: De- pleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g, commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 5 The humpback whales considered under the MMPA to be part of this stock could be from any of two different distinct population segment (DPS)s. In Alaska, it would be expected to primarily be whales from the Hawaii DPS but could also be whales from Mexico DPS.
Potential Effects of the Specified have the potential to result in behavioral discussion of the effects of Activity on Marine Mammals and Their harassment of marine mammals in the anthropogenic noise on marine Habitat vicinity of the action area. The Federal mammals, therefore that information is The effects of underwater noise from Register notice for the proposed IHA (82 not repeated here; please refer to that construction activities for the Project FR 41229; August 30, 2017) included a
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Federal Register notice for that Described in the most basic way, we threshold based on received level to information. estimate take by considering: (1) estimate the onset of behavioral Acoustic thresholds above which NMFS harassment. NMFS predicts that marine Estimated Take by Incidental believes the best available science Harassment mammals are likely to be behaviorally indicates marine mammals will be harassed in a manner we consider Level This section provides an estimate of behaviorally harassed or incur some B harassment when exposed to the number of incidental takes degree of permanent hearing underwater anthropogenic noise above authorized through this IHA, which impairment; (2) the area or volume of received levels of 120 decibels (dB) re informed NMFS’ consideration of both water that will be ensonified above 1 micropascal (mPa) root mean square the ‘‘small numbers’’ and the negligible these levels in a day; (3) the density or (rms) for continuous (e.g. vibratory pile- impact determination. occurrence of marine mammals within driving, drilling) and above 160 dB re 1 Harassment is the only type of take these ensonified areas; and, (4) and the mPa (rms) for non-explosive impulsive expected to result from these activities. number of days of activities. Below, we (e.g., seismic airguns) or intermittent Except with respect to certain activities describe these components in more (e.g., scientific sonar) sources. not pertinent here, section 3(18) of the detail and present the take estimate. MMPA defines ‘‘harassment’’ as: Any The estimation of marine mammal The FAA’s Project activities include act of pursuit, torment, or annoyance takes typically uses the following the use of continuous (vibratory pile which (i) has the potential to injure a calculation since site-specific density is driving and DTH drilling) and marine mammal or marine mammal unavailable: impulsive (impact pile driving) sources, stock in the wild (Level A harassment); Level B exposure estimate = N (number and therefore the 120 and 160 dB re 1 or (ii) has the potential to disturb a of animals) in the area * Number of mPa (rms) are applicable. marine mammal or marine mammal days of noise generating activities. Level A harassment for non-explosive stock in the wild by causing disruption sources—NMFS’ Technical Guidance Acoustic Thresholds of behavioral patterns, including, but for Assessing the Effects of not limited to, migration, breathing, Using the best available science, Anthropogenic Sound on Marine nursing, breeding, feeding, or sheltering NMFS has developed acoustic Mammal Hearing (NMFS 2016) (Level B harassment). thresholds that identify the received identifies dual criteria to assess auditory Authorized takes would be by Level A level of underwater sound above which injury (Level A harassment) to five and Level B harassment, in the form of exposed marine mammals would be different marine mammal groups (based disruption of behavioral patterns for reasonably expected to be behaviorally on hearing sensitivity) as a result of individual marine mammals resulting harassed (equated to Level B exposure to noise from two different from exposure to vibratory and impact harassment) or to incur PTS of some types of sources (impulsive or non- pile driving and removal and DTH degree (equated to Level A harassment). impulsive). The FAA’s Project activity drilling, and potential PTS for animals Level B Harassment for non-explosive includes the use of impulsive (impact that may transit through the Level A sources—Though significantly driven by pile driving) and non-impulsive zones (described below) undetected received level, the onset of behavioral (vibratory pile driving and DTH drilling) (Table 6). Based on the nature of the disturbance from anthropogenic noise sources. activity and the anticipated exposure is also informed to varying effectiveness of the mitigation measures degrees by other factors related to the These thresholds were developed by (i.e., soft start, ramp-up, etc.—discussed source (e.g., frequency, predictability, compiling and synthesizing the best in detail below in Mitigation Measures duty cycle), the environment (e.g., available science and soliciting input section), Level A harassment is not bathymetry), and the receiving animals multiple times from both the public and anticipated; however, a small number of (hearing, motivation, experience, peer reviewers to inform the final takes by Level A harassment is demography, behavioral context) and product, and are provided in the table authorized for most species as a can be difficult to predict (Southall et below. The references, analysis, and precaution if animals go undetected al., 2007, Ellison et al., 2011). Based on methodology used in the development before a shutdown is in place. what the available science indicates and of the thresholds are described in NMFS As described previously, no mortality the practical need to use a threshold 2016 Technical Guidance, which may or serious injury is anticipated or based on a factor that is both predictable be accessed at: http:// authorized for this activity. Below we and measurable for most activities, www.nmfs.noaa.gov/pr/acoustics/ describe how the take is estimated. NMFS uses a generalized acoustic guidelines.htm.
TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive
Low-frequency cetaceans ...... Cell 1: Lpk, flat: 219 dB; LE, LF, 24h: 183 dB ...... Cell 2: LE, LF, 24h: 199 dB. Mid-frequency cetaceans ...... Cell 3: Lpk, flat: 230 dB; LE, MF, 24h: 185 dB ...... Cell 4: LE, MF, 24h: 198 dB. High-frequency cetaceans ...... Cell 5: Lpk, flat: 202 dB; LE, HF, 24h: 155 dB ...... Cell 6: LE, HF, 24h: 173 dB. Phocid Pinnipeds (underwaters) ...... Cell 7: Lpk, flat: 218 dB; LE, PW, 24h: 185 dB ...... Cell 8: LE, PW, 24h: 201 dB. Otariid Pinnipeds (underwater) ...... Cell 9: Lpk, flat: 232 dB; LE, OW, 24h: 203 dB ...... Cell 10: LE, OW, 24h: 219 dB. 1 NMFS 2016
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Ensonified Area place. A number of studies, primarily on installation were obtained from Here, we describe operational and the west coast, have measured sound literature, but the available environmental parameters of the activity produced during underwater pile measurements did not cover the full that will feed into identifying the area driving projects. These data are largely frequency spectrum of interest; data for ensonified above the acoustic for impact driving of steel pipe piles vibratory installation of sheet and H thresholds. and concrete piles as well as vibratory piles were available to maximum Pile driving and removal and DTH driving of steel pipe piles. frequencies of 4 kHz and 10 kHz, drilling generates underwater noise that JASCO Applied Sciences (JASCO) respectively. Modeling of the six can potentially result in disturbance to conducted acoustic modeling of pile construction scenarios at the Project site marine mammals in the Project area. installation and removal activities on Biorka Island followed three steps: planned for the Project, which is Transmission loss (TL) is the decrease 1. Piles driven into the sediment by included as Appendix A of the FAA’s in acoustic intensity as an acoustic impact, vibratory, or downhole drilling application. To assess potential pressure wave propagates out from a were characterized as sound-radiating underwater noise exposure of marine source. TL parameters vary with sources. Source levels in 1⁄3-octave- mammals during construction activities, frequency, temperature, sea conditions, bands were obtained by modeling or by Quijano and Austin (2017) determined current, source and receiver depth, adjusting source levels found in the source levels for six different water depth, water chemistry, and literature. The exact method to obtain construction scenarios (see Table 1). bottom composition and topography. the 1⁄3-octave-band levels depends on The source levels are frequency- The general formula for underwater TL the pile geometry and pile driving is: dependent and suitable for modeling underwater acoustic propagation using equipment, and it is described on a TL = B * log (R /R ), 10 1 2 JASCO’s Marine Operations Noise case-by-case basis (see Appendix A of Where: Model (MONM). The modeling the FAA’s application); R1 = the distance of the modeled SPL from predicted the extent of ensonification 2. Underwater sound propagation was the driven pile, and and the acoustic footprint from applied to predict how sound R2 = the distance from the driven pile of the construction activities, taking into propagates from the pile into the water initial measurement. account the effects of pile driving column as a function of range, depth, This formula neglects loss due to equipment, bathymetry, sound speed and azimuthal direction. Propagation scattering and absorption, which is profile, and seabed geoacoustic depends on several conditions assumed to be zero here. The degree to parameters. Auditory weighting was including the frequency content of the which underwater sound propagates applied to the modeled sound fields to sound, the bathymetry, the sound speed away from a sound source is dependent estimate received levels relative to in the water column, and sediment on a variety of factors, most notably the hearing sensitivities of five marine geoacoustics; and water bathymetry and presence or mammal hearing groups following 3. The propagated sound field was absence of reflective or absorptive NMFS 2016 guidance. used to compute received levels over a conditions including in-water structures The results are based on currently grid of simulated receivers, from which and sediments. Spherical spreading adopted sound level thresholds for distances to criteria thresholds and occurs in a perfectly unobstructed (free- auditory injury (Level A) expressed as maps of ensonified areas were field) environment not limited by depth peak pressure level (PK) and 24-hr SEL, generated. or water surface, resulting in a 6 dB and behavioral disturbance (Level B) reduction in sound level for each expressed as sound pressure level (SPL). Modeled results are presented as doubling of distance from the source Using these guidelines, Quijano and tables of distances at which SPLs or (20*log[range]). Cylindrical spreading Austin (2017) calculated the maximum SELs fell below thresholds defined by occurs in an environment in which extent (distance and ensonified areas) of criteria. For marine mammal injury, the sound propagation is bounded by the the Level A and Level B exposure zones Level A thresholds considered here water surface and sea bottom, resulting for each marine mammal functional follow the NMFS guidelines (NMFS in a reduction of 3 dB in sound level for hearing group. This was calculated for 2016). A detailed description of the each doubling of distance from the both impact and vibratory pile driving modeling process is provided in source (10*log[range]). of 18- and 30-inch (in) piles for each of Appendix A of the FAA’s IHA Underwater Sound—The intensity of the following six Project scenarios. application. A list of modeling pile driving and removal sounds is The model required, as input, source parameters, including pile driving greatly influenced by factors such as the sound levels in 1⁄3-octave bands between duration for computation of SEL, are type of piles, hammers, and the physical 10 hertz (Hz) and 25 kilohertz (kHz). provided in Table 1. environment in which the activity takes Source levels for sheet pile and H pile BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C Area of the Specified Activity Section). availability. Prey species are uncommon Marine Mammal Occurrence We estimate that up to five harbor seals during the Project window; therefore, per day may be present in the Project sea lion abundance is expected to be In this section we provide the area on all days of construction. information about the presence, density, low. The FAA estimates that five sea Therefore, we authorize 350 takes by or group dynamics of marine mammals lions may be in the Project area every Level B harassment. Because the largest that will inform the take calculations. day (70 days) of construction, therefore, Level A ZOI for harbor seals is nearly At-sea densities for marine mammal we estimate that 350 sea lions may be 1 kilometer (km) (Scenario 6), the FAA species have not been determined for taken by Level B harassment. We requests up to 13 harbor seal takes by marine mammals in Sitka Sound; estimate that these takes would be split therefore, all estimates here are Level A harassment. Level A harassment equally between the east distinct determined by using observational data may occur if the animals enter the ZOI population segment (DPS) and west DPS from biologists, peer-reviewed undetected on half of all days of (175 each). The Level A zone is less literature, and information obtained construction in Scenario 6 and one time than 10 m for all but Scenario 6, which from personal communication with for each of the other five scenarios, and is 80 m; however, to be conservative, the marine mammal observers (MMO) are researchers and state and Federal FAA is requesting a small group of not able to request a shutdown prior to biologists, and from local charter boat Steller sea lions may be taken by Level the seals being exposed to potential operators. A harassment. This would equate to six Level A harassment. Harbor Seals total animals if split equally by DPS (3 Steller Sea Lion each). Harbor seals are expected to be in the Project area in low numbers (see Steller sea lion abundance in the Description of Marine Mammals in the Project area is dependent on prey
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Humpback Whale months; therefore, we estimate that a disturbance equal to the piling that Humpback whales are found in Sitka group of 6 animals could enter the causes the greatest noise disturbance Bay seasonally. During mid-summer, Project area on 6 occasions during the (i.e., the piling farthest from shore) tour boats generally see four to five construction window, for a total of 36 installed with the method that has the whales per day, in the middle of Sitka takes by Level B harassment. No Level ZOI. The largest underwater disturbance Sound. Therefore, a count of 5 A takes of killer whales is authorized for (Level B) ZOI would be produced by humpback whales per day (70 days) was this species. The maximum linear DTH drilling; therefore take estimates used to estimate takes per day on every distance to the Level A threshold for were calculated using the vibratory pile- day of construction for a total of 350 killer whales is less than 250 meters (m) driving ZOIs. The ZOIs for each takes by Level B harassment. All takes from the source and a MMO would be threshold are not spherical and are would be from the Central North Pacific able to observe animals at this distance truncated by land masses on either side stock under the MMPA. For ESA and shut down activities in time to of the Project area, which would purposes, 93.9 percent would be from avoid Level A take. dissipate sound pressure waves. • the Hawaii DPS (328 animals) and 6.1 Harbor Porpoise Exposures were based on an percent would be from the Mexico stock estimated total of 70 work days. Each (22 animals) based on Wade et al., 2016. Harbor porpoise are expected to occur activity ranges in number of days The maximum distance at which a in the Project area in low numbers needed to be completed (Table 1). humpback whale may be exposed to during the construction window. • All marine mammal individuals noise levels that exceed Level A Sightings during this time period are potentially available are assumed to be thresholds is 1.4 km during Scenario 6. infrequent; this species is not observed present within the relevant area, and Even though the ensonified area extends every day. The mean group size of thus incidentally taken; harbor porpoise in Southeast Alaska outside of the entrance to Symonds Bay, • An individual can only be taken was estimated to be between 2 to 3 a MMO stationed near the mouth of the once during a 24-hour period; and, bay at Hanus Point would be able to see individuals (Dahlheim et al., 2009); • Exposures to sound levels at or a humpback whale outside Symonds therefore, we conservatively estimate above the relevant thresholds equate to Bay before it enters the Level A zone that a group of three harbor porpoise take, as defined by the MMPA. and could shut down the noise may be present every other day of producing activity to avoid Level A construction for a total of 105 takes by Estimates of potential instances of take. In the unlikely event a whale Level B harassment. The distances to take may be overestimates of the would go undetected and enter the Level A thresholds for harbor porpoise number of individuals taken. In the Level A zone, the FAA has requested (HFC) are largest during impulse driving context of stationary activities such as three takes by Level A harassment for under Scenarios 3, 5, and 6 (see Table pile driving and in areas where resident humpback whales. We estimate that all 1), and extend beyond the entrance to animals may be present, this number three humpback whales would be from Symonds Bay. The duration of represents the number of total take that the Hawaii DPS. Scenarios 3, 5, and 6 is expected to be may accrue to a smaller number of 30 days (see Table 1); therefore, we individuals, with some number of Killer Whale expect that a small group of three harbor animals being exposed more than once Generally, transient killer whales porpoise may enter the Level A zone on per individual. While pile driving and follow the movements of Steller sea half of the days of Scenarios 3, 5, and removal can occur any day throughout lions and harbor seals on which they 6 (15 days) for a total of 45 takes by the in-water work window, and the prey. Given the low numbers of Steller Level A harassment. analysis is conducted on a per day basis, sea lions in Sitka Sound during only a fraction of that time (typically a summer, it is consistent that transient Take Calculation and Estimation matter of hours on any given day) is killer whales would also be rare or Here we describe how the information actually spent pile driving/removal. The infrequent in the Project area (e.g., killer provided above is brought together to potential effectiveness of mitigation whales were only observed on five or produce a quantitative take estimate. measures in reducing the number of six days by the whale watching All estimates are conservative and takes is typically not quantified in the industry). Small groups of 5 to 6 include the following assumptions: take estimation process. For these transient killer whales per day could be • All pilings installed at each site reasons, these take estimates may be observed throughout the summer would have an underwater noise conservative.
TABLE 5—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION
Takes Takes authorized authorized Species by Level A by Level B harassment harassment
Steller sea lion: Eastern and Western stock ...... 6 350 Harbor seal ...... 13 350 Humpback whale ...... 3 350 Killer whale: Eastern North Pacific Gulf of Alaska, Aleutian Island, and Bering Sea Transient stock and West Coast Transient stock ...... 0 36 Harbor porpoise ...... 45 105
Mitigation Measures set forth the permissible methods of practicable impact on such species or taking pursuant to such activity, and stock and its habitat, paying particular In order to issue an IHA under section other means of effecting the least attention to rookeries, mating grounds, 101(a)(5)(D) of the MMPA, NMFS must
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and areas of similar significance, and on mammals, while providing estimates of monitoring) by establishing monitoring the availability of such species or stock the areas within which Level B protocols for areas adjacent to the for taking for certain subsistence uses harassment might occur. In addition to shutdown zones. Monitoring of (latter not applicable for this action). the specific measures described later in disturbance zones enables observers to NMFS regulations require applicants for this section, the FAA would conduct be aware of and communicate the incidental take authorizations to include briefings between construction presence of marine mammals in the information about the availability and supervisors and crews, marine mammal Project area but outside the shutdown feasibility (economic and technological) monitoring team, and staff prior to the zone and thus prepare for potential of equipment, methods, and manner of start of all pile driving activity, and shutdowns of activity. However, the conducting such activity or other means when new personnel join the work, in primary purpose of disturbance zone of effecting the least practicable adverse order to explain responsibilities, monitoring is for documenting instances impact upon the affected species or communication procedures, marine of Level B harassment; disturbance zone stocks and their habitat (50 CFR mammal monitoring protocol, and monitoring is discussed in greater detail 216.104(a)(11)). operational procedures. later (see Monitoring and Reporting In evaluating how mitigation may or Monitoring and Shutdown for Measures). Nominal radial distances for may not be appropriate to ensure the disturbance zones are shown in Table 6. least practicable adverse impact on Construction Activities species or stocks and their habitat, as The following measures would apply Given the size of the disturbance zone well as subsistence uses where to the FAA’s mitigation through for vibratory pile driving and DTH applicable, we carefully balance two shutdown and disturbance zones: drilling, it is impossible to guarantee primary factors: Shutdown Zone—For all pile driving that all animals would be observed or to (1) The manner in which, and the activities, the FAA will establish a make comprehensive observations of degree to which, the successful shutdown zone intended to contain the fine-scale behavioral reactions to sound, implementation of the measure(s) is area in which SPLs equal or exceed the and only a portion of the zone (e.g., expected to reduce impacts to marine auditory injury criteria for cetaceans what may be reasonably observed by mammals, marine mammal species or and pinnipeds. The purpose of a visual observers stationed between stocks, and their habitat—which shutdown zone is to define an area Symonds Bay and Sitka Sound) would considers the nature of the potential within which shutdown of activity be observed. In order to document adverse impact being mitigated would occur upon sighting of a marine observed instances of harassment, (likelihood, scope, range), as well as the mammal (or in anticipation of an animal monitors record all marine mammal likelihood that the measure will be entering the defined area), thus observations, regardless of location. The effective if implemented; and the preventing injury of marine mammals observer’s location, as well as the likelihood of effective implementation, (as described previously under Potential location of the pile being driven, is and; Effects of the Specified Activity on known from a GPS. The location of the (2) The practicability of the measures Marine Mammals, serious injury or animal is estimated as a distance from for applicant implementation, which death are unlikely outcomes even in the the observer, which is then compared to may consider such things as cost, absence of mitigation measures). the location from the pile. It may then impact on operations, and, in the case Modeled radial distances for shutdown be estimated whether the animal was of a military readiness activity, zones are shown in Table 6. However, exposed to sound levels constituting personnel safety, practicality of a minimum shutdown zone of 10 m will incidental harassment on the basis of implementation, and impact on the be established during all pile driving predicted distances to relevant effectiveness of the military readiness activities, regardless of the estimated thresholds in post-processing of activity. zone; and observational and acoustic data, and a The ZOIs were used to develop Disturbance Zone—Disturbance zones precise accounting of observed mitigation measures for pile driving and are the areas in which SPLs equal or incidences of harassment created. This removal activities at the Project area. exceed 160 and 120 dB rms (for impulse information may then be used to The ZOIs effectively represent the and continuous sound, respectively). extrapolate observed takes to reach an mitigation zone that would be Disturbance zones provide utility for approximate understanding of actual established around each pile to prevent monitoring conducted for mitigation total takes. Level A harassment to marine purposes (i.e., shutdown zone BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C shutdown zone, at which point all pile incidental/construction.htm), for the Monitoring Protocols—Monitoring driving activities would be halted. FAA’s monitoring protocols. would be conducted before, during, and Monitoring will take place from 30 after pile driving and vibratory removal The following additional measures minutes prior to initiation through 30 activities. In addition, observers shall apply to visual monitoring: minutes post-completion of pile driving record all instances of marine mammal (1) Monitoring will be conducted by and removal activities. Pile driving occurrence, regardless of distance from qualified observers, who will be placed activities include the time to install or activity, and shall document any at the best vantage point(s) practicable remove a single pile or series of piles, behavioral reactions in concert with to monitor for marine mammals and as long as the time elapsed between uses distance from piles being driven. implement shutdown/delay procedures of the pile driving equipment is no more Observations made outside the when applicable by calling for the than 30 minutes. Please see Section 11 shutdown zone will not result in shutdown to the hammer operator. A of the FAA’s application shutdown; that pile segment would be minimum of two observers will be (www.nmfs.noaa.gov/pr/permits/ completed without cessation, unless the required for all pile driving/removal animal approaches or enters the
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activities. MMO requirements for shutdown zone may only be declared Timing Restrictions construction actions are as follows: clear, and pile driving started, when the The FAA will only conduct (a) Independent observers (i.e., not entire shutdown zone is visible (i.e., construction activities during daytime construction personnel) are required; when not obscured by dark, rain, fog, hours. Construction will also be (b) At least one observer must have etc.). In addition, if such conditions restricted to the months of May through prior experience working as an observer; should arise during impact pile driving (c) Other observers (that do not have September to avoid overlap with times that is already underway, the activity when marine mammals have higher prior experience) may substitute would be halted. education (undergraduate degree in densities in the Project area. (4) If a marine mammal approaches or We have carefully evaluated the biological science or related field) or enters the shutdown zone during the FAA’s mitigation measures and training for experience; (d) Where a team of three or more course of pile driving operations, considered their effectiveness in past observers are required, one observer activity will be halted and delayed until implementation to determine whether should be designated as lead observer or either (A) the animal has voluntarily left they are likely to effect the least monitoring coordinator. The lead and been visually confirmed beyond the practicable impact on the affected observer must have prior experience shutdown zone, (B) 15 minutes have marine mammal species and stocks and working as an observer; and passed without re-detection of small their habitat. (e) NMFS will require submission and cetaceans and pinnipeds, or (C) 30 Any mitigation measure(s) we approval of observer resumes. minutes have passed without re- prescribe should be able to accomplish, (2) Qualified MMOs are trained detection of large cetaceans, whichever have a reasonable likelihood of biologists, and need the following happens sooner. Monitoring will be accomplishing (based on current additional minimum qualifications: conducted throughout the time required science), or contribute to the (a) Visual acuity in both eyes to drive a pile. accomplishment of one or more of the (correction is permissible) sufficient for (5) If a species for which general goals listed below: discernment of moving targets at the authorization has not been granted, or a (1) Avoidance or minimization of water’s surface with ability to estimate species for which authorization has injury or death of marine mammals target size and distance; use of been granted but the authorized takes wherever possible (goals 2, 3, and 4 may binoculars may be necessary to correctly are met, approaches or is observed contribute to this goal); identify the target; within the Level B harassment zone, (2) A reduction in the number (total (b) Ability to conduct field activities will shut down immediately number or number at biologically observations and collect data according using delay and shut-down procedures. important time or location) of to assigned protocols; Activities will not restart until the individual marine mammals exposed to (c) Experience or training in the field animals have been confirmed to have stimuli expected to result in incidental identification of marine mammals, left the area. take (this goal may contribute to 1, including the identification of above, or to reducing takes by behaviors; Soft Start behavioral harassment only); (d) Sufficient training, orientation, or (3) A reduction in the number (total The use of a soft start procedure is experience with the construction number or number at biologically believed to provide additional operation to provide for personal safety important time or location) of times any protection to marine mammals by during observations; individual marine mammal would be (e) Writing skills sufficient to prepare warning or providing a chance to leave exposed to stimuli expected to result in a report of observations including but the area prior to the hammer operating incidental take (this goal may contribute not limited to the number and species at full capacity, and typically involves to 1, above, or to reducing takes by of marine mammals observed; dates and a requirement to initiate sound from the behavioral harassment only); times when in-water construction hammer at reduced energy followed by (4) A reduction in the intensity of activities were conducted; dates and a waiting period. This procedure is exposure to stimuli expected to result in times when in-water construction repeated two additional times. It is incidental take (this goal may contribute activities were suspended to avoid difficult to specify the reduction in to 1, above, or to reducing the severity potential incidental injury from energy for any given hammer because of of behavioral harassment only); construction sound of marine mammals variation across drivers and, for impact (5) Avoidance or minimization of observed within a defined shutdown hammers, the actual number of strikes at adverse effects to marine mammal zone; and marine mammal behavior; reduced energy will vary because habitat, paying particular attention to and operating the hammer at less than full the prey base, blockage or limitation of (f) Ability to communicate orally, by power results in ‘‘bouncing’’ of the passage to or from biologically radio or in person, with project hammer as it strikes the pile, resulting important areas, permanent destruction personnel to provide real-time in multiple ‘‘strikes.’’ For impact of habitat, or temporary disturbance of information on marine mammals driving, we require an initial set of three habitat during a biologically important observed in the area as necessary. strikes from the impact hammer at time; and (3) Prior to the start of pile driving reduced energy, followed by a 30- (6) For monitoring directly related to activity, the shutdown zone will be second waiting period, then 2 mitigation, an increase in the monitored for 30 minutes to ensure that subsequent 3 strike sets. Soft start will probability of detecting marine it is clear of marine mammals. Pile be required at the beginning of each mammals, thus allowing for more driving will only commence once day’s impact pile driving work and at effective implementation of the observers have declared the shutdown any time following a cessation of impact mitigation. zone clear of marine mammals; animals pile driving of 30 minutes or longer. Based on our evaluation of the FAA’s will be allowed to remain in the Noise Attenuating Devices measures, as well as any other potential shutdown zone (i.e., must leave of their measures considered by NMFS, NMFS own volition) and their behavior will be The FAA will use cushions during has determined that the mitigation monitored and documented. The impact pile driving. measures provide the means of effecting
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the least practicable impact on marine Visual Marine Mammal Observations • Species, numbers, and, if possible, mammal species or stocks and their The FAA will collect sighting data sex and age class of marine mammals; habitat, paying particular attention to and behavioral responses to • Description of any observable rookeries, mating grounds, and areas of construction for marine mammal marine mammal behavior patterns, similar significance. species observed in the region of including bearing and direction of Monitoring and Reporting Measures activity during the period of activity. All travel, and if possible, the correlation to MMOs will be trained in marine SPLs; In order to issue an IHA for an mammal identification and behaviors • Distance from pile driving or activity, section 101(a)(5)(D) of the and are required to have no other removal activities to marine mammals MMPA states that NMFS must set forth construction-related tasks while and distance from the marine mammals requirements pertaining to the conducting monitoring. A minimum of to the observation point; monitoring and reporting of such taking. two MMOs will be required for all pile • Description of implementation of The MMPA implementing regulations at driving/removal activities. The FAA mitigation measures (e.g., shutdown or 50 CFR 216.104 (a)(13) indicate that will monitor the shutdown zone and delay); requests for authorizations must include disturbance zone before, during, and • Locations of all marine mammal the suggested means of accomplishing after pile driving, with observers located observations; and the necessary monitoring and reporting at the best practicable vantage points. • Other human activity in the area. that will result in increased knowledge Based on our requirements, the FAA of the species and of the level of taking would implement the following Sound Source Verification or impacts on populations of marine procedures for pile driving and removal: • The SSV will establish source levels mammals that are expected to be MMOs would be located at the best for impact pile driving, vibratory pile present in the action area. Effective vantage point(s) in order to properly see driving, and DTH drilling. The FAA will reporting is critical to both compliance the entire shutdown zone and as much provide all monitoring data to NMFS. and ensuring that the most value is of the disturbance zone as possible; The reports would include the following • During all observation periods, obtained from the required monitoring. information: Monitoring and reporting observers will use binoculars and the requirements prescribed by NMFS naked eye to search continuously for 1. Size and type of piles; marine mammals; 2. A detailed description of the noise should contribute to improved • understanding of one or more of the If the shutdown zones are obscured attenuation device, including design following: by fog or poor lighting conditions, pile specifications; driving at that location will not be • Occurrence of marine mammal 3. The impact hammer energy rating initiated until that zone is visible. species in action area (e.g., presence, used to drive the piles, and the make Should such conditions arise while abundance, distribution, density); and model of the hammer and the driving, removal, or drilling is output energy; • Nature, scope, or context of likely underway, the activity would be halted; 4. The physical characteristics of the marine mammal exposure to potential and bottom substrate into which the piles stressors/impacts (individual or • The shutdown and disturbance were driven; cumulative, acute or chronic), through zones around the pile will be monitored better understanding of: (1) Action or 5. The depth of water into which the for the presence of marine mammals pile was driven; environment (e.g., source before, during, and after any pile driving 6. The depth into the substrate into characterization, propagation, ambient or removal activity. noise); (2) affected species (e.g., life which the pile was driven; history, dive patterns); (3) co-occurrence Data Collection 7. A description of the sound of marine mammal species with the We require that observers use monitoring equipment; action; or (4) biological or behavioral approved data forms. Among other 8. The distance between hydrophones context of exposure (e.g., age, calving or pieces of information, the FAA will and pile; feeding areas); record detailed information about any 9. The depth of the hydrophones and • Individual marine mammal implementation of shutdowns, depth of water at hydrophone locations; responses (behavioral or physiological) including the distance of animals to the 10. The distance from the pile to the to acoustic stressors (acute, chronic, or pile and description of specific actions water’s edge; cumulative), other stressors, or that ensued and resulting behavior of 11. The total number of strikes to cumulative impacts from multiple the animal, if any. In addition, the FAA drive each pile and for all piles driven stressors; will attempt to distinguish between the during a 24-hour period; • How anticipated responses to number of individual animals taken and 12. The results of the hydroacoustic stressors impact either: (1) Long-term the number of incidences of take. We monitoring; require that, at a minimum, the fitness and survival of individual 13. Source levels for peak and RMS following information be collected on marine mammals; or (2) population, SPLs and single strike SEL at 10 m from the sighting forms: species, or stock; • the pile, and RMS pulse duration that • Date and time that monitored Effects on marine mammal habitat activity begins or ends; contains 90 percent of pulse energy. (e.g., marine mammal prey species, • Construction activities occurring 14. The distance at which peak, acoustic habitat, or other important during each observation period; cumulative SEL, and RMS values physical components of marine • Weather parameters (e.g., percent exceed the respective threshold values; mammal habitat); and cover, visibility); 15. For vibratory pile driving, SEL • Mitigation and monitoring • Water conditions (e.g., sea state, based on 30 second averaging of sound effectiveness. tide state); intensity;
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16. The spectragraphs for each pile finding is based on the lack of likely effects to marine mammals are expected type; and adverse effects on annual rates of to be negligible. 17. A description of any observable recruitment or survival (i.e., population- No temporary threshold shift (TTS), marine mammal behavior in the level effects). An estimate of the number serious injury, or mortality is immediate area and, if possible, of takes alone is not enough information anticipated given the nature of the correlation to underwater sound levels on which to base an impact activities and measures designed to occurring at that time. determination. In addition to minimize the possibility of injury to A minimum of two piles of the 18-in considering estimates of the number of marine mammals. The potential for and two piles of the 30-in piles for each marine mammals that might be ‘‘taken’’ these outcomes is minimized through construction type (i.e. impact and through harassment, NMFS considers the construction method and the vibratory pile driving and DTH drilling) other factors, such as the likely nature implementation of the planned will be monitored. Piles chosen to be of any responses (e.g., intensity, mitigation measures. Specifically, monitored will be representative of the duration), the context of any responses vibratory and impact hammers and different sizes and range of typical water drilling will be the primary methods of (e.g., critical reproductive time or depths at the project location where installation. Impact pile driving location, migration), as well as effects piles will be driven with an impact or produces short, sharp pulses with on habitat, and the likely effectiveness vibratory hammer. higher peak levels and much sharper One bottom-mounted hydrophone of the mitigation. We also assess the rise time to reach those peaks. If impact will be placed at the nearest distance, number, intensity, and context of driving is necessary, implementation of approximately 10 meters, from each pile estimated takes by evaluating this soft start and shutdown zones being monitored. An additional information relative to population significantly reduces any possibility of hydrophone will be placed at mid-water status. Consistent with the 1989 injury. Given sufficient ‘‘notice’’ depth at a distance of 100 to 200 m from preamble for NMFS’s implementing through use of soft start (for impact the pile to provide two sound-level regulations (54 FR 40338; September 29, driving), marine mammals are expected readings during ambient and pile 1989), the impacts from other past and to move away from a sound source that driving conditions. A third hydrophone ongoing anthropogenic activities are is annoying prior to it becoming may be deployed at a greater distance incorporated into this analysis via their potentially injurious, however, as noted (e.g., 1–2 km or further) for the purpose impacts on the environmental baseline previously a small number of potential of better defining the long-distance (e.g., as reflected in the regulatory status takes by PTS are authorized and have sound propagation. Underwater sound of the species, population size and been analyzed. The FAA will use a levels will be continuously monitored growth rate where known, ongoing minimum of two MMOs stationed during the entire duration of each pile sources of human-caused mortality, or strategically to increase detectability of being driven. Sound levels will be ambient noise levels). To avoid marine mammals, enabling a high rate measured in dB re: 1 mPa. repetition, because the expected impacts of success in implementation of to marine mammals of the affected shutdowns to avoid injury. Reporting species and stocks are similar (and we The FAA’s Project activities are A draft report will be submitted to have no information to suggest localized and of relatively short NMFS within 90 days of the completion otherwise), our discussion here applies duration (a maximum of 70 days for pile of marine mammal monitoring, or 60 to each of them. driving and removal). The entire Project days prior to the requested date of area is limited to Symonds Bay and into Pile driving and removal activities issuance of any future IHA for projects Sitka Sound for some scenarios. These associated with the dock replacement at the same location, whichever comes localized and short-term noise Project, as outlined previously, have the first. The report will include marine exposures may cause short-term potential to disturb or displace marine mammal observations pre-activity, behavioral modifications in harbor mammals. Specifically, the specified during-activity, and post-activity during seals, Steller sea lions, harbor porpoises, pile driving and removal days, and will activities may result in take, in the form killer whales, and humpback whales. also provide descriptions of any of Level A and Level B harassment (PTS Moreover, the mitigation and behavioral responses to construction and behavioral disturbance), from monitoring measures are expected to activities by marine mammals and a underwater sounds generated from pile reduce the likelihood of injury. complete description of all mitigation driving and removal. Potential takes Additionally, no important feeding and/ shutdowns and the results of those could occur if individuals of these or reproductive areas for marine actions and an extrapolated total take species are present in the ensonified mammals of any of these species/stocks estimate based on the number of marine zone when pile driving and removal are known to be within the ensonified mammals observed during the course of occurs. Most of the Level A takes are area during the construction window. construction. A final report must be precautionary as marine mammals are Effects on individuals that are taken submitted within 30 days following not expected to enter and stay in the by Level B harassment, on the basis of resolution of comments on the draft Level A ensonified area for the duration reports in the literature as well as report. needed to incur PTS. However, if all monitoring from other similar activities, authorized takes be Level A harassment will likely be limited to reactions such Negligible Impact Analysis and were to occur, they would be of small as increased swimming speeds, Determinations numbers compared to the stock sizes increased surfacing time, or decreased NMFS has defined negligible impact and would not adversely affect the stock foraging (if such activity were occurring) as an impact resulting from the through effects on annual rates of (e.g., Thorson and Reyff 2006; Lerma specified activity that cannot be recruitment or survival. Additionally, 2014). Significant behavioral reasonably expected to, and is not the FAA’s mitigation measures, modifications that could potentially reasonably likely to, adversely affect the including a shutdown of construction lead to effects on growth, survival, or species or stock through effects on activities if animals enter the Level A reproduction are not expected to occur annual rates of recruitment or survival zone, further reduces the chance for PTS given the short duration and small scale (50 CFR 216.103). A negligible impact in marine mammals. Therefore, the of the project activities. Most likely,
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individuals will simply move away expected to adversely affect the species appropriate estimation of abundance of from the sound source and be or stocks through effects on annual rates the relevant species or stock in our temporarily displaced from the areas of of recruitment or survival: determination of whether an pile driving and drilling, although even • No mortality or serious injury is authorization is limited to small this reaction has been observed anticipated or authorized; numbers of marine mammals. primarily only in association with • Level B harassment may consist of, Additionally, other qualitative factors impact pile driving. Thus, even repeated at worst, temporary modifications in may be considered in the analysis, such Level B harassment of some small behavior (e.g. temporary avoidance of as the temporal or spatial scale of the subset of the overall stock is unlikely to habitat or changes in behavior); activities. • result in any significant realized The lack of important feeding, Table 7 details the number of decrease in fitness for the affected pupping, or other areas in the action instances that animals could be exposed individuals, and thus would not result area during the construction window; to received noise levels that could cause • Mitigation is expected to minimize in any adverse impact to the stock as a Level A and Level B harassment for the the likelihood and severity of the level whole. Non-auditory physiological planned work at the Project site relative of harassment; and effects and masking are not expected to • to the total stock abundance. The occur from the FAA’s Project activities. The small percentage of the species/ stock that may be affected by Project numbers of animals authorized to be The Project also is not expected to activities (<15 percent for all species/ taken for each species or stock is have significant adverse effects on stocks). considered small relative to the relevant affected marine mammals’ habitat. The Based on the analysis contained species or stock size even if each Project activities would not modify herein of the likely effects of the estimated instance of take occurred to a existing marine mammal habitat for a specified activity on marine mammals new individual. The total percent of the significant amount of time. The and their habitat, and taking into population (if each instance was a activities may cause some fish to leave consideration the implementation of the separate individual) for which take is the area of disturbance, thus temporarily monitoring and mitigation measures, requested is less than 15 percent for impacting marine mammals’ foraging NMFS finds that the total marine each stock (Table 7). For pinnipeds, opportunities in a limited portion of the mammal take from the FAA’s especially harbor seals occurring in the foraging range. However, because of the construction activities will have a vicinity of the Project area, there will short duration of the activities and the negligible impact on the affected marine almost certainly be some overlap in relatively small area of the habitat that mammal species or stocks. individuals present day-to-day, and the may be affected, and the decreased number of individuals taken is expected potential of prey species to be in the Small Numbers to be notably lower. Project area during the construction As noted above, only small numbers Based on the analysis contained work window, the impacts to marine of incidental take may be authorized herein of the Project activities mammal habitat are not expected to under Section 101(a)(5)(D) of the MMPA (including the mitigation and cause significant or long-term negative for specified activities other than monitoring measures) and the consequences. military readiness activities. The MMPA anticipated take of marine mammals, In summary and as described above, does not define small numbers and so, NMFS finds that small numbers of the following factors primarily support in practice, where estimated numbers marine mammals will be taken relative our determination that the impacts are available, NMFS compares the to the population size of the affected resulting from this activity are not number of individuals taken to the most species or stocks.
TABLE 7—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL A AND LEVEL B HARASSMENT
Authorized Authorized Stock(s) Percentage of Species Level A takes Level B takes abundance total stock estimate 1 (percent)
Harbor Seal (Phoca vitulina): Sitka/Chatham stock ...... 13 350 14,855 2.44 Steller sea lion (Eumatopias jubatus): Western U.S. Stock ...... 6 350 50,983 0.698 Eastern U.S. Stock ...... 41,638 0.855 Killer whale (Orcinus orca): Eastern North Pacific, Gulf of AK, Aleutian Island, and Bering Sea Transient Stock ...... 0 36 587 6.13 West Coast Transient Stock ...... 243 14.8 Humpback whale (Megaptera noviaengliae): Central North Pacific Stock ...... 3 350 10,103 3.49 Harbor Porpoise (Phocoena phocoena): Southeast Alaska Stock ...... 45 105 11,146 1.34 1 All stock abundance estimates presented here are from the 2016 Alaska Stock Assessment Report.
Unmitigable Adverse Impact Analysis on the subsistence uses of the affected specified activity: (1) That is likely to and Determination marine mammal species or stocks by reduce the availability of the species to Alaskan Natives. NMFS has defined a level insufficient for a harvest to meet In order to issue an IHA, NMFS must ‘‘unmitigable adverse impact’’ in 50 CFR subsistence needs by: (i) Causing the find that the specified activity will not 216.103 as: an impact resulting from the marine mammals to abandon or avoid have an ‘‘unmitigable adverse impact’’
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hunting areas; (ii) Directly displacing existence of any endangered or management issues in the Western subsistence users; or (iii) Placing threatened species or result in the Pacific Region. physical barriers between the marine destruction or adverse modification of DATES: The Council will meet on mammals and the subsistence hunters; designated critical habitat. To ensure November 15, 2017, between 2 p.m. and and (2) That cannot be sufficiently ESA compliance for the issuance of 5 p.m. (Hawaii Standard Time (HST)); 1 mitigated by other measures to increase IHAs, NMFS consults internally, in this and 4 p.m. (American Samoa Standard the availability of marine mammals to case with the Alaska Regional Office, Time (ASST)); and November 16, 2017, allow subsistence needs to be met. whenever we propose to authorize take between 10 a.m. and 1 p.m. (Marianas Harbor seals and Steller sea lions are for endangered or threatened species. Standard Time (MST)). All times listed subsistence harvested in Alaska. During NMFS is authorizing take of two DPSs are local island times. For specific time 2012, the estimated subsistence take of (i.e., western DPS of Steller sea lions and agenda, see SUPPLEMENTARY harbor seals in southeast Alaska was and Mexico DPS of humpback whales), INFORMATION. 595 seals with 49 of these taken near which are listed under the ESA. The Sitka (Wolfe et al., 2013). This is the Permit and Conservation Division ADDRESSES: The meeting will be held by lowest number of seals taken since 1992 requested initiation of Section 7 teleconference and webinar. The (Wolfe et al., 2013) and is attributed to consultation with the Alaska Region for teleconference numbers are: U.S. toll- the decline in subsistence hunting the issuance of this IHA. The NMFS free: 1 (888) 482–3560, International pressure over the years as well as a Alaska Regional Office Protected Access: +1 (647) 723–3959, and Access decrease in efficiency per hunter (Wolf Resources Division issued a Biological Code: 5228220. The webinar can be et al., 2013). Opinion in October, 2017 under section accessed at: https://wprfmc.webex.com/ The peak hunting season in southeast 7 of the ESA, on the issuance of an IHA join/info.wpcouncilnoaa.gov. Alaska occurs during the month of to the FAA under section 101(a)(5)(D) of The following venues will also be November and again over the March to the MMPA by the NMFS Permits and host sites for the teleconference: Council April time frame (Wolfe et al., 2013). Conservation Division. The Biological Conference Room, 1164 Bishop Street, This corresponds to times when seals Opinion concluded that the proposed Suite 1400, Honolulu, Hawaii; Land are aggregated in shoal areas as they action is not likely to jeopardize the Grant Conference Room, American prey on forage species such as herring, continued existence of western DPS Samoa Community College, Agriculture, making them easier to find and hunt. Steller sea lions or Mexico DPS of Community and Natural Resources, The Project is in an area where humpback whales, and is not likely to Mapusaga Road, Malaeimi Village, subsistence hunting for harbor seals or destroy or adversely modify western American Samoa; Guam Hilton Resort sea lions could occur (Wolfe et al., DPS Steller sea lion critical habitat. and SPA, 202 Hilton Road, Tumon Bay, 2013), but the location is not preferred Guam; Department of Land and Natural for hunting. There is little to no hunting Authorization Resources Conference Room, Santa documented in the vicinity and there NMFS has issued an IHA to the FAA Remedio Drive, Lower Base, Saipan, are no harvest quotas for non-listed for the potential harassment of small MP. marine mammals. For these reasons and numbers of five marine mammal species FOR FURTHER INFORMATION CONTACT: the fact that Project activities would incidental to the Biorka Island dock Kitty M. Simonds, Executive Director; occur outside of the primary subsistence replacement project in Sitka, AK, telephone: (808) 522–8220. hunting seasons, there would be no provided the previously mentioned SUPPLEMENTARY INFORMATION: Public impact on subsistence activities or on mitigation, monitoring and reporting comment opportunity will be provided the availability of marine mammals for requirements are incorporated. in the agenda. The order in which subsistence use. Dated: October 25, 2017. agenda items are addressed may change. To satisfy requirements under Section Donna S. Wieting, The meeting will run as late as 106 of the National Historic necessary to complete scheduled Preservation Act, R&M Consultants, Inc. Director, Office of Protected Resources, National Marine Fisheries Service. business. Written comments must be reached out to the Sitka Tribe of Alaska, received by November 10, 2017. Central Council of the Tlingit and [FR Doc. 2017–23563 Filed 10–30–17; 8:45 am] Background documents will be available Haida, and Sealaska regarding cultural BILLING CODE 3510–22–P from, and written comments should be resources in 2016. No issues or concerns sent to, Kitty M. Simonds, Executive with the Project were raised during this DEPARTMENT OF COMMERCE Director; Western Pacific Fishery effort. Based on the description of the Management Council, 1164 Bishop National Oceanic and Atmospheric Street, Suite 1400, Honolulu, HI 96813; specified activity, the measures Administration described to minimize adverse effects phone: (808) 522–8220 or fax: (808) on the availability of marine mammals RIN 0648–XF803 522–8226. for subsistence purposes, and the Western Pacific Fishery Management Schedule and Agenda for the 172nd mitigation and monitoring measures, Council; Public Meetings Council Meeting NMFS has determined that there will 2 p.m.–5 p.m., Wednesday, November not be an unmitigable adverse impact on AGENCY: National Marine Fisheries 15 (HST); 1 p.m.–4 p.m., Wednesday, subsistence uses from the FAA’s Service (NMFS), National Oceanic and November 15, 2016 (ASST); 10 a.m.– activities. Atmospheric Administration (NOAA), 1 p.m., Thursday, November 16, 2016 Commerce. Endangered Species Act (MST) ACTION: Notice of public meetings. Section 7(a)(2) of the Endangered 1. Welcome and Introductions Species Act of 1973 (ESA: 16 U.S.C. SUMMARY: The Western Pacific Fishery 2. Review and Approval of the 172nd 1531 et seq.) requires that each Federal Management Council (Council) will Agenda agency insure that any action it hold its 172nd meeting by 3. Modifying the Swordfish Trip Limit authorizes, funds, or carries out is not teleconference and webinar to discuss in the American Samoa Longline likely to jeopardize the continued and make recommendations on fishery Fishery (Final Action)
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4. Public Hearing Commission’s (ASMFC’s) Summer Atmospheric Administration (NOAA), 5. Other Business Flounder, Scup, and Black Sea Bass Commerce. 6. Council Discussion and Advisory Panel. ACTION: Notice; public meeting. Recommendations DATES: The meeting will be held on SUMMARY: The New England Fishery Non-Emergency issues not contained Monday, November 20, 2017, from 2 Management Council (Council) is in this agenda may come before the p.m. to 5 p.m. See SUPPLEMENTARY scheduling a public meeting of its Council for discussion and formal INFORMATION for agenda details. Herring Committee to consider actions Council action during its 172nd ADDRESSES: The meeting will take place affecting New England fisheries in the meeting. However, Council action on over webinar with a telephone-only exclusive economic zone (EEZ). regulatory issues will be restricted to connection option. Details on how to Recommendations from this group will those issues specifically listed in this connect to the webinar by computer and be brought to the full Council for formal document and any regulatory issue by telephone will be available at: http:// consideration and action, if appropriate. arising after publication of this www.mafmc.org. document that requires emergency Council address: Mid-Atlantic Fishery DATES: This meeting will be held on action under section 305(c) of the Management Council, 800 N. State Tuesday, November 21, 2017 at 8:30 Magnuson-Stevens Act, provided the Street, Suite 201, Dover, DE 19901; a.m. public has been notified of the Council’s telephone: (302) 674–2331; Web site: ADDRESSES: The meeting will be held at intent to take action to address the www.mafmc.org. the Holiday Inn, 700 Myles Standish emergency. FOR FURTHER INFORMATION CONTACT: Blvd., Taunton, MA 02780; telephone: Agenda items noted as ‘‘Final Action Christopher M. Moore, Ph.D., Executive (508) 823–0430. Items’’ refer to actions that result in Director, Mid-Atlantic Fishery Council address: New England Council transmittal of a proposed Management Council, telephone: (302) Fishery Management Council, 50 Water fishery management plan, proposed 526–5255. Street, Mill 2, Newburyport, MA 01950. plan amendment, or proposed SUPPLEMENTARY INFORMATION: The Mid- FOR FURTHER INFORMATION CONTACT: regulations to the U.S. Secretary of Atlantic Fishery Management Council’s Thomas A. Nies, Executive Director, Commerce, under Sections 304 or 305 of Summer Flounder, Scup, and Black Sea New England Fishery Management the Magnuson-Stevens Fishery Bass Advisory Panel, together with the Council; telephone: (978) 465–0492. Conservation and Management Act. Atlantic States Marine Fisheries SUPPLEMENTARY INFORMATION: Special Accommodations Commission’s Advisory Panel, will meet Agenda on Monday, November 20, 2017. The The host sites are physically The committee will review analyses accessible to people with disabilities. purpose of this meeting is to review and provide feedback on proposed prepared for Herring Amendment 8 Requests for sign language Draft Environmental Impact Statement interpretation or other auxiliary aids recreational management measures (e.g., bag limits, size limits, and seasons) and (DEIS) specific to the range of should be directed to Kitty M. Simonds, alternatives developed to address (808) 522–8220 (voice) or (808) 522– strategies for the recreational summer flounder, scup, and black sea bass potential localized depletion and user 8226 (fax), at least 5 days prior to the conflicts in the herring fishery. The meeting date. fisheries in 2018. A detailed agenda and background committee may identify preferred Authority: 16 U.S.C. 1801 et seq. documents will be made available on alternatives for the Council to consider. Dated: October 25, 2017. the Council’s Web site (www.mafmc.org) The committee is not scheduled to discuss the other measures under Tracey L. Thompson, prior to the meeting. consideration in Amendment 8, Acting Deputy Director, Office of Sustainable Special Accommodations Acceptable Biological Catch (ABC) Fisheries, National Marine Fisheries Service. The meeting is physically accessible control rule alternatives. The Council [FR Doc. 2017–23600 Filed 10–30–17; 8:45 am] to people with disabilities. Requests for reviewed the ABC control rule BILLING CODE 3510–22–P sign language interpretation or other alternatives at the September 2017 auxiliary aid should be directed to meeting and declined to select a preferred alternative, but approved that DEPARTMENT OF COMMERCE M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. portion of Amendment 8 to proceed for National Oceanic and Atmospheric Dated: October 25, 2017. submission and public comment. They Administration Tracey L. Thompson, will discuss recommendations for the Council to consider for Herring RIN 0648–XF802 Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Research Set-Aside research priorities for fishing years 2019–21 and discuss Mid-Atlantic Fishery Management [FR Doc. 2017–23591 Filed 10–30–17; 8:45 am] any challenges the program has had in Council (MAFMC); Public Meeting BILLING CODE 3510–22–P recent years. They will discuss other AGENCY: National Marine Fisheries business, as necessary. Service (NMFS), National Oceanic and DEPARTMENT OF COMMERCE Although non-emergency issues not Atmospheric Administration (NOAA), contained in this agenda may come Commerce. National Oceanic and Atmospheric before this group for discussion, those ACTION: Notice; public meeting. Administration issues may not be the subject of formal action during these meetings. Action SUMMARY: The Mid-Atlantic Fishery RIN 0648–XF796 will be restricted to those issues Management Council’s (MAFMC’s) New England Fishery Management specifically listed in this notice and any Summer Flounder, Scup, and Black Sea Council; Public Meeting issues arising after publication of this Bass Advisory Panel will hold a public notice that require emergency action meeting via webinar, jointly with the AGENCY: National Marine Fisheries under section 305(c) of the Magnuson- Atlantic States Marine Fisheries Service (NMFS), National Oceanic and Stevens Act, provided the public has
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been notified of the Council’s intent to Title, Associated Form and OMB Dated: October 26, 2017. take final action to address the Number: Lock Performance Monitoring Aaron Siegel, emergency. System (LPMS) Waterway Traffic Alternate OSD Federal Register Liaison Report; ENG FORM 3102C and 3102D; Officer, Department of Defense. Special Accommodations OMB Control Number 0710–0008. [FR Doc. 2017–23623 Filed 10–30–17; 8:45 am] This meeting is physically accessible Type of Request: Reinstatement. BILLING CODE 5001–06–P to people with disabilities. This meeting Number of Respondents: 6529. will be recorded. Consistent with 16 Responses per Respondent: 73. U.S.C. 1852, a copy of the recording is Annual Responses: 474642. DEPARTMENT OF DEFENSE available upon request. Requests for Average Burden per Response: 2.5 sign language interpretation or other minutes. Office of the Secretary auxiliary aids should be directed to Annual Burden Hours: 20568. Thomas A. Nies, Executive Director, at Revised Non-Foreign Overseas per Needs and Uses: The U.S. Army Diem Rates (978) 465–0492, at least 5 days prior to Corps of Engineers utilizes the data the meeting date. collected to monitor and analyze the use AGENCY: Defense Travel Management Authority: 16 U.S.C. 1801 et seq. and operation of federally owned or Office, DoD. Dated: October 25, 2017. operated locks. General data of vessel ACTION: Notice of Revised Non-Foreign Tracey L. Thompson, identification, tonnage, and Overseas Per Diem Rates. commodities are supplied by the master Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. of vessels and all locks owned and SUMMARY: The Defense Travel operated by the U.S. Army Corps of Management Office is publishing [FR Doc. 2017–23593 Filed 10–30–17; 8:45 am] Engineers. The information is used for Civilian Personnel Per Diem Bulletin BILLING CODE 3510–22–P sizing and scheduling replacements, the Number 307. This bulletin lists timing of rehabilitation or maintenance revisions in the per diem rates actions, and the setting of operation prescribed for U.S. Government DEPARTMENT OF DEFENSE procedures and closures for locks and employees for official travel in Alaska, Department of the Army canals. Hawaii, Puerto Rico, the Northern Affected Public: Business or other for- Mariana Islands and Possessions of the [Docket ID USA–2017–HQ–0005] profit. United States when applicable. AEA Frequency: On occasion. changes announced in Bulletin Number Submission for OMB Review; Respondent’s Obligation: Voluntary. 194 remain in effect. Bulletin Number Comment Request OMB Desk Officer: Mr. Vlad Dorjets. 307 is being published in the Federal AGENCY: Department of the Army, DoD. You may also submit comments and Register to assure that travelers are paid per diem at the most current rates. ACTION: 30-day information collection recommendations, identified by Docket notice. ID number and title, by the following DATES: The revised per diem rates go method: into effect November 1, 2017. • Federal eRulemaking Portal: http:// SUMMARY: The Department of Defense FOR FURTHER INFORMATION CONTACT: Ms. has submitted to OMB for clearance, the www.regulations.gov. Follow the Sonia Malik, 571–372–1276. following proposal for collection of instructions for submitting comments. SUPPLEMENTARY INFORMATION: information under the provisions of the Instructions: All submissions received This Paperwork Reduction Act. must include the agency name, Docket document gives notice of revisions in per diem rates prescribed by the Defense DATES: Consideration will be given to all ID number and title for this Federal Register document. The general policy Travel Management Office for non- comments received by November 30, foreign areas outside the contiguous 2017. for comments and other submissions from members of the public is to make United States. Per Diem Bulletins ADDRESSES: Comments and these submissions available for public published periodically in the Federal recommendations on the proposed viewing on the Internet at http:// Register now constitute the only information collection should be www.regulations.gov as they are notification of revisions in per diem emailed to Mr. Vlad Dorjets, DoD Desk rates to agencies and establishments _ received without change, including any Officer, at Oira submission@ personal identifiers or contact outside the Department of Defense. For omb.eop.gov. Please identify the information. more information or questions about per proposed information collection by DoD DOD Clearance Officer: Mr. Frederick diem rates, please contact your local Desk Officer and the Docket ID number Licari. travel office. Civilian Bulletin 307 and title of the information collection. Written requests for copies of the includes updated rates for American FOR FURTHER INFORMATION CONTACT: Fred information collection proposal should Samoa. Licari, 571–372–0493, or whs.mc- be sent to Mr. Licari at WHS/ESD Dated: October 26, 2017. alex.esd.mbx.dd-dod-information- Directives Division, 4800 Mark Center Aaron Siegel, [email protected]. Drive, East Tower, Suite 03F09, Alternate OSD Federal Register Liaison SUPPLEMENTARY INFORMATION: Alexandria, VA 22350–3100. Officer, Department of Defense.
Season Season Total per Country/state Locality start end Lodging M&IE diem Effective date
ALASKA ...... [OTHER] ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... ADAK ...... 05/01 09/30 192 60 252 03/01/2017 ALASKA ...... ADAK ...... 10/01 04/30 150 60 210 03/01/2017 ALASKA ...... ANCHORAGE [INCL NAV RES] ...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... ANCHORAGE [INCL NAV RES] ...... 05/16 09/30 229 94 323 03/01/2017
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Season Season Total per Country/state Locality start end Lodging M&IE diem Effective date
ALASKA ...... BARROW ...... 10/01 04/30 205 89 294 03/01/2017 ALASKA ...... BARROW ...... 05/01 09/30 238 89 327 03/01/2017 ALASKA ...... BARTER ISLAND LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... BETHEL ...... 01/01 12/31 219 108 327 03/01/2017 ALASKA ...... BETTLES ...... 01/01 12/31 175 70 245 03/01/2017 ALASKA ...... CAPE LISBURNE LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... CAPE NEWENHAM LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... CAPE ROMANZOF LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... CLEAR AB...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... COLD BAY LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... COLDFOOT ...... 01/01 12/31 165 70 235 10/01/2006 ALASKA ...... COPPER CENTER...... 05/15 09/15 169 84 253 03/01/2017 ALASKA ...... COPPER CENTER ...... 09/16 05/14 97 84 181 03/01/2017 ALASKA ...... CORDOVA ...... 01/01 12/31 140 111 251 03/01/2017 ALASKA ...... CRAIG ...... 10/01 03/31 90 78 168 03/01/2017 ALASKA ...... CRAIG ...... 04/01 09/30 254 78 332 03/01/2017 ALASKA ...... DEADHORSE ...... 01/01 12/31 170 51 221 03/01/2016 ALASKA ...... DELTA JUNCTION...... 05/01 09/30 169 78 247 03/01/2017 ALASKA ...... DELTA JUNCTION...... 10/01 04/30 139 78 217 03/01/2017 ALASKA ...... DENALI NATIONAL PARK ...... 06/01 08/31 185 86 271 03/01/2017 ALASKA ...... DENALI NATIONAL PARK ...... 09/01 05/31 139 86 225 03/01/2017 ALASKA ...... DILLINGHAM ...... 10/02 05/14 220 85 305 03/01/2017 ALASKA ...... DILLINGHAM ...... 05/15 10/01 350 85 435 03/01/2017 ALASKA ...... DUTCH HARBOR-UNALASKA...... 01/01 12/31 142 101 243 03/01/2017 ALASKA ...... EARECKSON AIR STATION ...... 01/01 12/31 146 74 220 07/01/2016 ALASKA ...... EIELSON AFB...... 05/15 09/15 154 90 244 03/01/2017 ALASKA ...... EIELSON AFB ...... 09/16 05/14 75 90 165 03/01/2017 ALASKA ...... ELFIN COVE...... 01/01 12/31 275 86 361 03/01/2017 ALASKA ...... ELMENDORF AFB...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... FAIRBANKS ...... 05/15 09/15 154 90 244 03/01/2017 ALASKA ...... FAIRBANKS ...... 09/16 05/14 75 90 165 03/01/2017 ALASKA ...... FOOTLOOSE ...... 01/01 12/31 175 18 193 10/01/2002 ALASKA ...... FORT YUKON LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... FT. GREELY...... 05/01 09/30 169 78 247 03/01/2017 ALASKA ...... FT. GREELY...... 10/01 04/30 139 78 217 03/01/2017 ALASKA ...... FT. RICHARDSON...... 05/16 09/30 229 94 323 03/01/2017 ALASKA ...... FT. RICHARDSON...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... FT. WAINWRIGHT...... 09/16 05/14 75 90 165 03/01/2017 ALASKA ...... FT. WAINWRIGHT...... 05/15 09/15 154 90 244 03/01/2017 ALASKA ...... GAMBELL ...... 01/01 12/31 133 51 184 03/01/2016 ALASKA ...... GLENNALLEN ...... 05/15 09/15 169 84 253 03/01/2017 ALASKA ...... GLENNALLEN ...... 09/16 05/14 97 84 181 03/01/2017 ALASKA ...... HAINES ...... 01/01 12/31 107 101 208 01/01/2011 ALASKA ...... HEALY ...... 06/01 08/31 185 86 271 03/01/2017 ALASKA ...... HEALY ...... 09/01 05/31 139 86 225 03/01/2017 ALASKA ...... HOMER ...... 05/01 09/30 200 70 270 03/01/2017 ALASKA ...... HOMER ...... 10/01 04/30 160 70 230 03/01/2017 ALASKA ...... JB ELMENDORF-RICHARDSON...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... JB ELMENDORF-RICHARDSON...... 05/16 09/30 229 94 323 03/01/2017 ALASKA ...... JUNEAU ...... 05/01 09/15 189 106 295 03/01/2017 ALASKA ...... JUNEAU ...... 09/16 04/30 169 106 275 03/01/2017 ALASKA ...... KAKTOVIK ...... 01/01 12/31 165 86 251 10/01/2002 ALASKA ...... KAVIK CAMP...... 01/01 12/31 250 51 301 03/01/2016 ALASKA ...... KENAI-SOLDOTNA ...... 05/01 09/30 179 103 282 03/01/2017 ALASKA ...... KENAI-SOLDOTNA ...... 10/01 04/30 99 103 202 03/01/2017 ALASKA ...... KENNICOTT ...... 01/01 12/31 295 89 384 03/01/2017 ALASKA ...... KETCHIKAN ...... 05/01 09/01 243 96 339 03/01/2017 ALASKA ...... KETCHIKAN ...... 09/02 04/30 220 96 316 03/01/2017 ALASKA ...... KING SALMON...... 05/01 10/01 225 91 316 10/01/2002 ALASKA ...... KING SALMON...... 10/02 04/30 125 81 206 10/01/2002 ALASKA ...... KING SALMON LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... KLAWOCK ...... 04/01 09/30 254 78 332 03/01/2017 ALASKA ...... KLAWOCK ...... 10/01 03/31 90 78 168 03/01/2017 ALASKA ...... KODIAK ...... 10/01 04/30 152 90 242 03/01/2017 ALASKA ...... KODIAK ...... 05/01 09/30 180 90 270 03/01/2017 ALASKA ...... KOTZEBUE ...... 01/01 12/31 299 98 397 03/01/2017 ALASKA ...... KULIS AGS...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... KULIS AGS...... 05/16 09/30 229 94 323 03/01/2017 ALASKA ...... MCCARTHY ...... 01/01 12/31 295 89 384 03/01/2017 ALASKA ...... MURPHY DOME...... 09/16 05/14 75 90 165 03/01/2017 ALASKA ...... MURPHY DOME...... 05/15 09/15 154 90 244 03/01/2017 ALASKA ...... NOME ...... 05/01 09/30 185 96 281 03/01/2017 ALASKA ...... NOME ...... 10/01 04/30 165 96 261 03/01/2017
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Season Season Total per Country/state Locality start end Lodging M&IE diem Effective date
ALASKA ...... NOSC ANCHORAGE...... 05/16 09/30 229 94 323 03/01/2017 ALASKA ...... NOSC ANCHORAGE...... 10/01 05/15 199 94 293 03/01/2017 ALASKA ...... NUIQSUT ...... 01/01 12/31 234 51 285 03/01/2016 ALASKA ...... OLIKTOK LRRS...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... PETERSBURG ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... POINT BARROW LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... POINT HOPE...... 01/01 12/31 175 81 256 03/01/2017 ALASKA ...... POINT LAY...... 01/01 12/31 295 51 346 03/01/2017 ALASKA ...... POINT LAY LRRS ...... 01/01 12/31 295 51 346 03/01/2017 ALASKA ...... POINT LONELY LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... PORT ALEXANDER...... 10/01 12/31 155 51 206 03/01/2017 ALASKA ...... PORT ALEXANDER...... 01/01 09/30 165 51 216 03/01/2017 ALASKA ...... PORT ALSWORTH...... 01/01 12/31 135 88 223 10/01/2002 ALASKA ...... PRUDHOE BAY...... 01/01 12/31 170 51 221 03/01/2016 ALASKA ...... SELDOVIA ...... 05/01 09/30 200 70 270 03/01/2017 ALASKA ...... SELDOVIA ...... 10/01 04/30 160 70 230 03/01/2017 ALASKA ...... SEWARD ...... 10/01 04/30 159 85 244 03/01/2017 ALASKA ...... SEWARD ...... 05/01 09/30 279 85 364 03/01/2017 ALASKA ...... SITKA-MT. EDGECUMBE...... 01/01 12/31 200 98 298 03/01/2016 ALASKA ...... SKAGWAY ...... 09/02 04/30 220 96 316 03/01/2017 ALASKA ...... SKAGWAY ...... 05/01 09/01 243 96 339 03/01/2017 ALASKA ...... SLANA ...... 10/01 04/30 99 55 154 02/01/2005 ALASKA ...... SLANA ...... 05/01 09/30 139 55 194 02/01/2005 ALASKA ...... SPARREVOHN LRRS...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... SPRUCE CAPE...... 10/01 04/30 152 90 242 03/01/2017 ALASKA ...... SPRUCE CAPE...... 05/01 09/30 180 90 270 03/01/2017 ALASKA ...... ST. GEORGE...... 01/01 12/31 220 51 271 03/01/2016 ALASKA ...... TALKEETNA ...... 01/01 12/31 100 89 189 10/01/2002 ALASKA ...... TANANA ...... 10/01 04/30 165 96 261 03/01/2017 ALASKA ...... TANANA ...... 05/01 09/30 185 96 281 03/01/2017 ALASKA ...... TATALINA LRRS...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... TIN CITY LRRS ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... TOK ...... 01/01 12/31 99 97 196 03/01/2017 ALASKA ...... VALDEZ ...... 09/10 04/30 127 110 237 03/01/2017 ALASKA ...... VALDEZ ...... 05/01 09/09 185 110 295 03/01/2017 ALASKA ...... WAINWRIGHT ...... 01/01 12/31 175 83 258 01/01/2011 ALASKA ...... WAKE ISLAND DIVERT AIRFIELD ...... 01/01 12/31 120 88 208 03/01/2017 ALASKA ...... WASILLA ...... 10/01 04/30 90 89 179 03/01/2017 ALASKA ...... WASILLA ...... 05/01 09/30 170 89 259 03/01/2017 ALASKA ...... WRANGELL ...... 05/01 09/01 243 96 339 03/01/2017 ALASKA ...... WRANGELL ...... 09/02 04/30 220 96 316 03/01/2017 ALASKA ...... YAKUTAT ...... 01/01 12/31 105 94 199 01/01/2011 AMERICAN SAMOA AMERICAN SAMOA ...... 01/01 12/31 139 77 216 11/01/2017 AMERICAN SAMOA PAGO PAGO ...... 01/01 12/31 139 77 216 11/01/2017 GUAM ...... GUAM (INCL ALL MIL INSTAL) ...... 01/01 12/31 159 87 246 07/01/2015 GUAM ...... JOINT REGION MARIANAS (ANDER- 01/01 12/31 159 87 246 07/01/2015 SEN). GUAM ...... JOINT REGION MARIANAS (NAVAL 01/01 12/31 159 87 246 07/01/2015 BASE). GUAM ...... TAMUNING ...... 01/01 12/31 159 87 246 12/01/2015 HAWAII ...... [OTHER] ...... 01/01 12/31 199 117 316 08/01/2017 HAWAII ...... CAMP H M SMITH ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... EASTPAC NAVAL COMP TELE AREA .... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... FT. DERUSSEY ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... FT. SHAFTER...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... HICKAM AFB ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... HILO ...... 01/01 12/31 199 117 316 08/01/2017 HAWAII ...... HONOLULU ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... ISLE OF HAWAII: HILO ...... 01/01 12/31 199 117 316 08/01/2017 HAWAII ...... ISLE OF HAWAII: OTHER ...... 12/18 03/25 239 161 400 08/01/2017 HAWAII ...... ISLE OF HAWAII: OTHER ...... 03/26 12/17 189 161 350 08/01/2017 HAWAII ...... ISLE OF KAUAI ...... 01/01 12/31 325 135 460 04/01/2016 HAWAII ...... ISLE OF MAUI ...... 01/01 12/31 269 160 429 08/01/2017 HAWAII ...... ISLE OF OAHU ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... JB PEARL HARBOR-HICKAM ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... KAPOLEI ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... KEKAHA PACIFIC MISSILE RANGE FAC 01/01 12/31 325 135 460 04/01/2016 HAWAII ...... KILAUEA MILITARY CAMP ...... 01/01 12/31 199 117 316 08/01/2017 HAWAII ...... LANAI ...... 01/01 12/31 254 111 365 08/01/2017 HAWAII ...... LIHUE ...... 01/01 12/31 325 135 460 04/01/2016 HAWAII ...... LUALUALEI NAVAL MAGAZINE ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... MCB HAWAII ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... MOLOKAI ...... 01/01 12/31 176 115 291 08/01/2017
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Season Season Total per Country/state Locality start end Lodging M&IE diem Effective date
HAWAII ...... NOSC PEARL HARBOR ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... PEARL HARBOR...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... PMRF BARKING SANDS ...... 01/01 12/31 325 135 460 10/01/2016 HAWAII ...... SCHOFIELD BARRACKS ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... TRIPLER ARMY MEDICAL CENTER ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... WAHIAWA NCTAMS PAC ...... 01/01 12/31 177 138 315 08/01/2017 HAWAII ...... WHEELER ARMY AIRFIELD ...... 01/01 12/31 177 138 315 08/01/2017 MIDWAY ISLANDS MIDWAY ISLANDS ...... 01/01 12/31 125 81 206 08/01/2017 NORTHERN MAR- [OTHER] ...... 01/01 12/31 69 84 153 08/01/2017 IANA ISLANDS. NORTHERN MAR- ROTA ...... 01/01 12/31 130 107 237 07/01/2015 IANA ISLANDS. NORTHERN MAR- SAIPAN ...... 01/01 12/31 161 101 262 08/01/2017 IANA ISLANDS. NORTHERN MAR- TINIAN ...... 01/01 12/31 69 84 153 08/01/2017 IANA ISLANDS. PUERTO RICO...... [OTHER] ...... 01/01 12/31 109 112 221 06/01/2012 PUERTO RICO...... AGUADILLA ...... 01/01 12/31 171 84 255 11/01/2015 PUERTO RICO...... BAYAMON ...... 12/01 05/31 195 88 283 12/01/2015 PUERTO RICO...... BAYAMON ...... 06/01 11/30 167 88 255 12/01/2015 PUERTO RICO...... CAROLINA ...... 12/01 05/31 195 88 283 12/01/2015 PUERTO RICO...... CAROLINA ...... 06/01 11/30 167 88 255 12/01/2015 PUERTO RICO...... CEIBA ...... 01/01 12/31 139 92 231 10/01/2012 PUERTO RICO...... CULEBRA ...... 01/01 12/31 150 98 248 03/01/2012 PUERTO RICO...... FAJARDO [INCL ROOSEVELT RDS 01/01 12/31 139 92 231 10/01/2012 NAVSTAT]. PUERTO RICO ...... FT. BUCHANAN [INCL GSA SVC CTR, 12/01 05/31 195 88 283 12/01/2015 GUAYNABO]. PUERTO RICO ...... FT. BUCHANAN [INCL GSA SVC CTR, 06/01 11/30 167 88 255 12/01/2015 GUAYNABO]. PUERTO RICO...... HUMACAO ...... 01/01 12/31 139 92 231 10/01/2012 PUERTO RICO ...... LUIS MUNOZ MARIN IAP AGS ...... 12/01 05/31 195 88 283 12/01/2015 PUERTO RICO ...... LUIS MUNOZ MARIN IAP AGS ...... 06/01 11/30 167 88 255 12/01/2015 PUERTO RICO...... LUQUILLO ...... 01/01 12/31 139 92 231 10/01/2012 PUERTO RICO ...... MAYAGUEZ ...... 01/01 12/31 109 112 221 09/01/2010 PUERTO RICO...... PONCE ...... 01/01 12/31 149 89 238 09/01/2012 PUERTO RICO ...... RIO GRANDE ...... 01/01 12/31 169 123 292 06/01/2012 PUERTO RICO ...... SABANA SECA [INCL ALL MILITARY] ..... 12/01 05/31 195 88 283 12/01/2015 PUERTO RICO ...... SABANA SECA [INCL ALL MILITARY] ..... 06/01 11/30 167 88 255 12/01/2015 PUERTO RICO ...... SAN JUAN & NAV RES STA ...... 06/01 11/30 167 88 255 12/01/2015 PUERTO RICO ...... SAN JUAN & NAV RES STA ...... 12/01 05/31 195 88 283 12/01/2015 PUERTO RICO...... VIEQUES ...... 01/01 12/31 175 95 270 03/01/2012 VIRGIN ISLANDS ST. CROIX...... 12/15 04/14 299 116 415 06/01/2015 (U.S.). VIRGIN ISLANDS ST. CROIX...... 04/15 12/14 247 110 357 06/01/2015 (U.S.). VIRGIN ISLANDS ST. JOHN...... 12/04 04/30 230 113 343 08/01/2015 (U.S.). VIRGIN ISLANDS ST. JOHN...... 05/01 12/03 170 107 277 08/01/2015 (U.S.). VIRGIN ISLANDS ST. THOMAS ...... 04/15 12/15 249 110 359 03/01/2017 (U.S.). VIRGIN ISLANDS ST. THOMAS ...... 12/16 04/14 339 110 449 03/01/2017 (U.S.). WAKE ISLAND ...... WAKE ISLAND ...... 01/01 12/31 129 70 199 07/01/2016
[FR Doc. 2017–23644 Filed 10–30–17; 8:45 am] ACTION: Notice; correction. waives the 15-calendar day notification BILLING CODE 5001–06–P requirement. SUMMARY: Due to circumstances beyond the control of the Designated Federal The notice of an open meeting scheduled for November 3, 2017 DEPARTMENT OF DEFENSE Officer and the Department of Defense, the Inland Waterways Users Board was published in the Federal Register on Department of the Army, Corps of unable to provide public notification September 29, 2017 (82 FR 45583) has Engineers changing the meeting location of its a new meeting location. It will now be meeting of November 3, 2017, which held at the U.S. Army Corps of Inland Waterways Users Board was previously announced in the Engineers Vicksburg District Office Meeting Notice Federal Register on September 29, 2017 Building, main Multi-purpose (82 FR 45583). Accordingly, the Conference Room, 4155 East Clay Street, AGENCY: Department of the Army, U.S. Advisory Committee Management Vicksburg, MS 39183. Army Corps of Engineers, DoD. Officer for the Department of Defense,
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FOR FURTHER INFORMATION CONTACT: Mr. FERC Online links at http:// loan guarantees for regionally and Mark R. Pointon, the Designated Federal www.ferc.gov. To facilitate electronic nationally significant water Officer (DFO) for the committee, in service, persons with Internet access infrastructure projects. During each writing at the Institute for Water who will eFile a document and/or be information session, EPA will provide Resources, U.S. Army Corps of listed as a contact for an intervenor an overview of the program’s statutory Engineers, ATTN: CEIWR–GM, 7701 must create and validate an and eligibility requirements, application Telegraph Road, Casey Building, eRegistration account using the and selection process, and Alexandria, VA 22315–3868; by eRegistration link. Select the eFiling creditworthiness assessment. It will also telephone at 703–428–6438; and by link to log on and submit the explain the financial benefits of WIFIA email at [email protected]. intervention or protests. credit assistance and provide tips for Alternatively, contact Mr. Kenneth E. Persons unable to file electronically completing the application materials. Lichtman, the Alternate Designated should submit an original and 5 copies The intended audience is prospective Federal Officer (ADFO), in writing at the of the intervention or protest to the borrowers including municipal entities, Institute for Water Resources, U.S. Army Federal Energy Regulatory Commission, corporations, partnerships, and State 888 First Street NE., Washington, DC Corps of Engineers, ATTN: CEIWR–GW, Revolving Fund programs, as well as the 20426. 7701 Telegraph Road, Casey Building, private and non-governmental Alexandria, VA 22315–3868; by The filings in the above-referenced organizations that support prospective telephone at 703–428–8083; and by proceeding are accessible in the borrowers. email at Kenneth.E.Lichtman@ Commission’s eLibrary system by usace.army.mil. clicking on the appropriate link in the DATES: The session in Denver, Colorado above list. They are also available for SUPPLEMENTARY INFORMATION: will be held on November 8, 2017 from electronic review in the Commission’s 9:00 a.m.–3:00 p.m. (MT). The session Brenda S. Bowen, Public Reference Room in Washington, in Nashville, Tennessee will be held on DC. There is an eSubscription link on Army Federal Register Liaison Officer. November 16, 2017 from 9:00 a.m.–3:00 the Web site that enables subscribers to [FR Doc. 2017–23633 Filed 10–30–17; 8:45 am] p.m. (CT). The session in Lenexa, receive email notification when a BILLING CODE 3720–58–P Kansas will be held on November 29, document is added to a subscribed docket(s). For assistance with any FERC 2017 from 9:00 a.m.–3:00 p.m. (CT). Online service, please email ADDRESSES: DEPARTMENT OF ENERGY The session in Denver will [email protected]. or call be held at: US EPA Region 8 Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Headquarters, 1595 Wynkoop Street, Commission (202) 502–8659. Denver, Colorado 80202. The session in Dated: October 25, 2017. Nashville will be held at: William R. [Docket No. ER18–155–000] Nathaniel J. Davis, Sr., Snodgrass—Tennessee Tower, 312 Rosa EnPowered; Supplemental Notice That Deputy Secretary. L. Parks Avenue, Conference Center Initial Market-Based Rate Filing [FR Doc. 2017–23771 Filed 10–30–17; 8:45 am] North, 3rd Floor, Room D, Nashville, Tennessee 37243. The session in Lenexa Includes Request for Blanket Section BILLING CODE 6717–01–P 204 Authorization will be held at: EPA Region 7 Headquarters, 11201 Renner Boulevard, This is a supplemental notice in the ENVIRONMENTAL PROTECTION Lenexa, Kansas 66219. above-referenced proceeding of AGENCY Webinar Dates: The webinar EnPowered‘s application for market- ‘‘Overview of the WIFIA program’’ will [FRL–9970–13–OW] based rate authority, with an be held on December 6, 2017 from 2:00– accompanying rate tariff, noting that 3:30 ET. The webinar ‘‘Benefits of such application includes a request for Information Session; Implementation Financing with WIFIA Loans’’ will be blanket authorization, under 18 CFR of the Water Infrastructure Finance and held on December 13, 2017 from 2:00– part 34, of future issuances of securities Innovation Act of 2014 3:30 ET. The webinar ‘‘WIFIA and assumptions of liability. AGENCY: Environmental Protection Application Process: Tips for Any person desiring to intervene or to Agency (EPA). Submitting a Letter of Interest’’ will be protest should file with the Federal ACTION: Notice. Energy Regulatory Commission, 888 held December 20, 2017, 2:00–3:30 ET. First Street NE., Washington, DC 20426, SUMMARY: The Environmental Protection To Register: Registration information in accordance with Rules 211 and 214 Agency (EPA) is announcing plans to for both the information sessions and of the Commission’s Rules of Practice hold information sessions on: November the webinars is available at https:// and Procedure (18 CFR 385.211 and 8, 2017 in Denver, Colorado; November www.epa.gov/wifia. 385.214). Anyone filing a motion to 16, 2017 in Nashville, Tennessee; and FOR FURTHER INFORMATION CONTACT: For intervene or protest must serve a copy November 29, 2017 in Lenexa, Kansas. further information about this notice, of that document on the Applicant. In addition, EPA will host a series of including registration information, Notice is hereby given that the webinars covering the same topics on contact Karen Fligger, EPA deadline for filing protests with regard December 6, 13, and 20, 2017. The Headquarters, Office of Water, Office of to the applicant’s request for blanket purpose of both the sessions and Wastewater Management at tel.: 202– authorization, under 18 CFR part 34, of webinars is to provide prospective 564–2992; or email: [email protected]. future issuances of securities and borrowers with a better understanding Members of the public are invited to assumptions of liability, is November of the Water Infrastructure Finance and 14, 2017. Innovation Act (WIFIA) program participate in the session as capacity The Commission encourages requirements and application process. allows. electronic submission of protests and Under WIFIA, EPA can provide long- Authority: Water Infrastructure Finance interventions in lieu of paper, using the term, low-cost supplemental loans and and Innovation Act, 33 U.S.C. 3901 et. seq.
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Dated: October 18, 2017. City of Leon, Bexar County, Texas, and 2018 MVEBs contained in the Andrew D. Sawyers, EPA Docket Number 06–06–17 and Attainment Demonstration for Kenosha Director, Office of Wastewater Management. should be addressed to Lawrence County in Wisconsin are adequate for [FR Doc. 2017–23567 Filed 10–30–17; 8:45 am] Andrews at the address listed above. transportation conformity purposes. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Receipt of these MVEBs was announced Jacob Piehl, 1445 Ross Avenue, Dallas, on EPA’s transportation conformity Web Texas 75202–2733 or call (214) 665– site, and no comments were submitted. ENVIRONMENTAL PROTECTION 2138. The finding is available at EPA’s AGENCY Dated: October 16, 2017. conformity Web site: https:// www.epa.gov/state-and-local- Samuel Coleman, [FRL–9970–18–Region 6] transportation/adequacy-review-state- Acting Regional Administrator, Region 6. implementation-plan-sip-submissions- Notice of Proposed Administrative [FR Doc. 2017–23684 Filed 10–30–17; 8:45 am] Settlement Pursuant to the conformity. BILLING CODE 6560–50–P Comprehensive Environmental The 2017 and 2018 MVEBs, in tons Response, Compensation, and Liability per day (tpd), for VOCs and NOX for the Act ENVIRONMENTAL PROTECTION Kenosha County, Wisconsin area are as follows: AGENCY: Environmental Protection AGENCY Agency (EPA). [EPA–R05–OAR–2017–0212; FRL–9970–15– Kenosha NOX (tpd) VOCs (tpd) ACTION: Notice; request for public Region 5] County comment. Adequacy Status of the Kenosha 2017 ...... 3.05 1.56 2018 ...... 2.75 1.44 SUMMARY: In accordance with section County, Wisconsin Area for Submitted 122(h)(1) of the Comprehensive 8-Hour Ozone Attainment Environmental Response, Demonstration for Transportation Transportation conformity is required Compensation, and Liability Act, as Conformity Purposes by section 176(c) of the Clean Air Act. amended (‘‘CERCLA’’), notice is hereby EPA’s conformity rule requires that AGENCY: Environmental Protection transportation plans, programs, and given of a proposed administrative Agency (EPA). settlement concerning the Bandera Road projects conform to state air quality ACTION: Notice of adequacy. Ground Water Plume Superfund Site, implementation plans and establishes the criteria and procedures for located in City of Leon Valley, Bexar SUMMARY: In this notice, the determining whether or not they do County, Texas. Environmental Protection Agency (EPA) conform. Conformity to a State The settlement requires Savings is notifying the public that we find that Implementation Plan (SIP) means that Square Partners, Ltd., settling party, to the motor vehicle emissions budgets transportation activities will not pay a total of $1,820,000 as payment of (MVEBs) for volatile organic compounds produce new air quality violations, past response costs to the Hazardous (VOCs) and oxides of nitrogen (NO ) in X worsen existing violations, or delay Substances Superfund. The settlement the Kenosha County, Wisconsin ozone timely attainment of the national includes a covenant not to sue pursuant nonattainment area are adequate for use ambient air quality standards. to sections 106 and 107(a) of CERCLA, in transportation conformity 42 U.S.C. 9606 and 9607(a). determinations. Wisconsin submitted an The criteria by which we determine For thirty (30) days following the date Attainment Demonstration for Kenosha whether a SIP’s MVEBs are adequate for of publication of this notice, the Agency County on April 17, 2017. As a result of transportation conformity purposes are will receive written comments relating our finding, this area must use these outlined in 40 CFR 93.118(e)(4). Please to this notice and will receive written MVEBs from the submitted Attainment note that an adequacy review is separate comments relating to the settlement. Demonstration for future transportation from EPA’s completeness review, and it The Agency will consider all comments conformity determinations. also should not be used to prejudge EPA’s ultimate approval of the SIP. received and may modify or withdraw DATES: This finding is effective Even if we find a budget adequate, the its consent to the settlement if November 15, 2017. comments received disclose facts or SIP could later be disapproved. FOR FURTHER INFORMATION CONTACT: considerations which indicate that the Michael Leslie, Environmental Authority: 42 U.S.C. 7401–7671 q. settlement is inappropriate, improper, Engineer, Control Strategies Section Dated: October 17, 2017. or inadequate. The Agency’s response to (AR–18J), Air Programs Branch, Air and Robert A. Kaplan, any comments received will be available Radiation Division, United States for public inspection at 1445 Ross Acting Regional Administrator, Region 5. Environmental Protection Agency, [FR Doc. 2017–23685 Filed 10–30–17; 8:45 am] Avenue, Dallas, Texas 75202–2733. Region 5, 77 West Jackson Boulevard, BILLING CODE 6560–50–P DATES: Comments must be submitted on Chicago, Illinois 60604, (312) 353–6680, or before November 30, 2017. [email protected]. ADDRESSES: The proposed settlement SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION and additional background information Throughout this document, whenever AGENCY relating to the settlement are available ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean for public inspection at 1445 Ross EPA. [EPA–HQ–OA–2017–0600; FRL–9968–25– Avenue, Dallas, Texas 75202–2733. A OA] copy of the proposed settlement may be Background obtained from Lawrence Andrews, 1445 Today’s notice is an announcement of Fast-41 Best Practices: Delegated Ross Avenue, Dallas, Texas 75202–2733 a finding that we have already made. On State Permitting Programs or by calling (214) 665–7397. Comments September 6, 2017, EPA sent a letter to should reference the Bandera Road the Wisconsin Department of Natural AGENCY: Environmental Protection Ground Water Plume Superfund Site, Resources stating that the 2017 and Agency (EPA).
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ACTION: Notice; request for public and environmental reviews which are Recommended Best Practices for comment. led by and/or issued by a Federal Environmental Reviews and agency. However, states may choose to Authorizations for Infrastructure SUMMARY: On January 18, 2017, the participate in the environmental review Projects, which is available online at Federal Permitting Improvement and authorization process under FAST– https://www.permits.performance.gov. Steering Council, published 41. This statute only applies to ‘‘covered This document identifies best practices Recommended Best Practices for projects’’ which 42 U.S.C. 4370m(6)(A) consistent with the FAST–41 guidelines Environmental Reviews and defines as: described in 42 U.S.C. 4370m– Authorizations for Infrastructure 1(c)(2)(B). Specifically, these best Projects, available at https:// The term ‘‘covered project’’ means any activity in the United States that requires practices regard: www.permits.performance.gov. In authorization or environmental review by a accordance with Section 41006 of the Federal agency involving construction of 42 U.S.C. 4370m–1(c)(2)(B) Fixing America’s Surface Transportation infrastructure for renewable or conventional ‘‘(i) enhancing early stakeholder Act (FAST–41), the Environmental energy production, electricity transmission, engagement, including fully considering Protection Agency (EPA) is seeking surface transportation, aviation, ports and and, as appropriate, incorporating public comment. Specifically, EPA is waterways, water resource projects, recommendations provided in public seeking feedback on whether any of the broadband, pipelines, manufacturing, or any other sector as determined by a majority vote comments on any proposed covered best practices are generally applicable of the Council that— project; on a delegation or authorization-wide (i)(I) is subject to NEPA; (ii) ensuring timely decisions basis to permitting under FAST–41. (II) is likely to require a total investment regarding environmental reviews and DATES: Comments must be received on of more than $200,000,000; and authorizations, including through the or before November 20, 2017. (III) does not qualify for abbreviated development of performance metrics; authorization or environmental review ADDRESSES: Submit comments and (iii) improving coordination between processes under any applicable law; or Federal and non-Federal governmental additional materials, identified by (ii) is subject to NEPA and the size and docket EPA–HQ–OA–2017–0600 to the complexity of which, in the opinion of the entities, including through the Federal eRulemaking Portal: https:// Council, make the project likely to benefit development of common data standards www.regulations.gov. Follow the online from enhanced oversight and coordination, and terminology across agencies; instructions for submitting comments. including a project likely to require— (iv) increasing transparency; Once submitted, comments cannot be (I) authorization from or environmental (v) reducing information collection edited or removed from Regulations.gov. review involving more than 2 Federal requirements and other administrative agencies; or The EPA may publish any comment burdens on agencies, project sponsors, (II) the preparation of an environmental and other interested parties; received to its public docket. Do not impact statement under NEPA. submit electronically any information (vi) developing and making available you consider to be Confidential FAST–41 required the establishment to applicants appropriate geographic Business Information (CBI) or other of the Federal Permitting Improvement information systems and other tools; information whose disclosure is Steering Council (FPISC) which is a (vii) creating and distributing training restricted by statute. Multimedia council that includes a chair and then materials useful to Federal, State, tribal, submissions (audio, video, etc.) must be representatives of certain Federal and local permitting officials; and (viii) addressing other aspects of accompanied by a written comment. agencies, the Chairman of the Council infrastructure permitting, as determined The written comment is considered the on Environmental Quality, and the by the Council.’’ official comment and should include Director of the Office of Management discussion of all points you wish to and Budget. Council agencies include 42 U.S.C. 4370m–1(c)(2)(B) agencies that may be involved in make. The EPA will generally not Under a number of federal consider comments or comment authorization or environmental review of a covered project. The EPA is one environmental laws, the EPA delegates, contents located outside of the primary approves, or authorizes state submission (i.e., on the web, cloud, or such agency and is represented on the FPISC. Pursuant to FAST–41, the FPISC governments to issue permits or other other file sharing system). For authorizations under these laws. The additional submission methods, the full is charged with issuing recommendations on best practices to EPA has already taken a number of steps EPA public comment policy, related to best practices for delegated information about CBI or multimedia support the goals of FAST–41. See, e.g., 42 U.S.C. 4370m–1(c)(2)(B). In essence, and authorized state permitting submissions, and general guidance on programs. These include establishing making effective comments, please visit the best practices are aimed at streamlining and improving the process minimum program requirements for https://www2.epa.gov/dockets/ authorized and delegated programs commenting-epa-dockets. by which the Federal government undertakes environmental reviews and consistent with the underlying statutory FOR FURTHER INFORMATION CONTACT: authorizations for covered projects. obligations. Laura Gentile, Office of Policy, Mail States may voluntarily choose to In addition, the EPA regularly Code 1104–A, U.S. Environmental participate in the FAST–41 process and communicates with delegated and Protection Agency, 1200 Pennsylvania make subject to the process all State authorized programs regarding program Avenue NW., Washington, DC 20460; agencies that have jurisdiction, are implementation and oversight. One telephone number: 202–564–3158; required to undertake a review or example of this is that in 2016, the EPA email address: [email protected]. analysis, or are required to make a initiated an agency-wide effort, with the SUPPLEMENTARY INFORMATION: FAST–41 determination on issuing a permit, consultation and collaboration of seeks to enhance coordination and license or other approval for a covered stakeholder associations throughout, to transparency of Federal environmental project. articulate a common set of principles reviews and authorizations required and best practices for promoting the prior to construction of covered Current Request for Comment efficiency and effectiveness of infrastructure projects. This statute On January 18, 2017, the FPISC delegated, authorized, and approved applies specifically to authorizations published a document titled, state permitting programs. On August
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30, 2016, the EPA formally transmitted ADDRESSES: The public meeting will be quality, utility, and clarity of the the final principles and best practices held at the U.S. Environmental information collected; ways to minimize for permitting to the Environmental Protection Agency, William Jefferson the burden of the collection of Council of the States. See Promoting Clinton (WJC) East Building, Rooms information on the respondents, Environmental Program Health and 1117A & B, 1201 Constitution Avenue including the use of automated Integrity: Principles and Best Practices NW., Washington, DC 20460. collection techniques or other forms of for Oversight of State Permitting FOR FURTHER INFORMATION CONTACT: For information technology; and ways to Programs, available online at https:// more information about this meeting or further reduce the information www.epa.gov/sites/production/files/ to request written materials, contact collection burden on small business 2016-10/documents/principles_and_ Tracey Ward of the Office of Ground concerns with fewer than 25 employees. best_practices_for_oversight_of_state_ Water and Drinking Water, U.S. The FCC may not conduct or sponsor permitting_programs.pdf. These best Environmental Protection Agency; by a collection of information unless it practices and principles dovetail with phone at 202–564–3796 or by email at displays a currently valid Office of the FPISC’s best practices. [email protected]. For additional Management and Budget (OMB) control information about the NDWAC meeting, number. No person shall be subject to 42 U.S.C. 4370m–5(a)(1) please visit http://water.epa.gov/drink/ any penalty for failing to comply with Consistent with the EPA’s obligation ndwac/ or www.regulations.gov (search a collection of information subject to the under 42 U.S.C. 4370m–5(a)(1), the EPA for Docket ID No. EPA–HQ–OW–2015– PRA that does not display a valid OMB is now seeking public comment to 0714). control number. determine whether and the extent to SUPPLEMENTARY INFORMATION: Details DATES: Written comments should be which any of the best practices About Participating in the Meeting: submitted on or before January 2, 2018. identified by the FPISC are generally Teleconferencing will be available If you anticipate that you will be applicable on a delegation- or during the meeting. The number of submitting comments, but find it authorization-wide basis to permitting teleconference connections available for difficult to do so within the period of under FAST–41. This document the meeting is limited and will be time allowed by this notice, you should satisfies EPA’s obligation under FAST– offered on a first-come, first-served advise the contacts below as soon as 41 to solicit public participation on the basis. The teleconference number is (1) possible. FPISC best practices. 866–299–3188; when prompted, enter ADDRESSES: Direct all PRA comments to Authority: Public Law 114–94, div. D, title conference code 202 564–7347. Cathy Williams, FCC, via email PRA@ XLI, sec. 41006(a)(1), Dec. 4, 2015, 129 Stat. Dated: October 23, 2017. 1758. fcc.gov and to [email protected]. Peter Grevatt, Dated: October 25, 2017. FOR FURTHER INFORMATION CONTACT: For Director, Office of Ground Water and Drinking additional information about the Samantha K. Dravis, Water. information collection, contact Cathy Associate Administrator for Policy. [FR Doc. 2017–23566 Filed 10–30–17; 8:45 am] Williams at (202) 418–2918. [FR Doc. 2017–23686 Filed 10–30–17; 8:45 am] BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: As part of BILLING CODE 6560–50–P its continuing effort to reduce paperwork burdens, and as required by FEDERAL COMMUNICATIONS the PRA of 1995 (44 U.S.C. 3501–3520), ENVIRONMENTAL PROTECTION COMMISSION the FCC invites the general public and AGENCY [OMB 3060–1056] other Federal agencies to take this opportunity to comment on the [EPA–HQ–OW–2015–0714; FRL–9970–21– Information Collection Being Reviewed OW] following information collections. by the Federal Communications Comments are requested concerning: Notice of a Public Meeting of the Commission Under Delegated Whether the proposed collection of National Drinking Water Advisory Authority information is necessary for the proper Council AGENCY: Federal Communications performance of the functions of the Commission. Commission, including whether the AGENCY: Environmental Protection information shall have practical utility; ACTION: Notice and request for Agency (EPA). the accuracy of the Commission’s comments. ACTION: Notice of a public meeting. burden estimate; ways to enhance the SUMMARY: As part of its continuing effort quality, utility, and clarity of the SUMMARY: The U.S. Environmental to reduce paperwork burdens, and as information collected; ways to minimize Protection Agency (EPA) is announcing required by the Paperwork Reduction the burden of the collection of a public meeting of the National Act (PRA), the Federal Communications information on the respondents, Drinking Water Advisory Council Commission (FCC or Commission) including the use of automated (NDWAC), as authorized under the Safe invites the general public and other collection techniques or other forms of Drinking Water Act. During this Federal agencies to take this information technology; and ways to meeting, the NDWAC will focus opportunity to comment on the further reduce the information discussions on developing following information collections. collection burden on small business recommendations for the EPA Comments are requested concerning: concerns with fewer than 25 employees. Administrator on Health Advisory Whether the proposed collection of OMB Control No.: 3060–1056. Communications. information is necessary for the proper Title: Application for International DATES: The meeting on December 7, performance of the functions of the Broadcast Station License. 2017, will be held from 9:30 a.m. to 4:00 Commission, including whether the Form No.: FCC Form 421–IB. p.m., eastern time; and December 8, information shall have practical utility; Type of Review: Extension of a 2017, from 8:30 a.m. to noon, eastern the accuracy of the Commission’s currently approved information time. burden estimate; ways to enhance the collection.
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Respondents: Business or other for- interference or adverse propagation PRA that does not display a valid OMB profit. conditions exist that may impact the control number. Number of Respondents: 10 operation of such stations. If the DATES: Written comments should be respondents; 10 responses. Commission did not collect this submitted on or before January 2, 2018. Estimated Time per Response: 6 hours information, it would not be in a If you anticipate that you will be per response. position to effectively coordinate submitting comments, but find it Frequency of Response: On occasion spectrum for international broadcasters difficult to do so within the period of reporting requirement. or to act for entities in times of time allowed by this notice, you should Obligation to Respond: Required to frequency interference or adverse advise the contacts below as soon as obtain or retain benefits. The statutory propagation conditions. The orderly possible. authority for this information collection nature of the provision of international ADDRESSES: Direct all PRA comments to is contained in section 325(c) of the broadcast service would be in jeopardy Cathy Williams, FCC, via email: PRA@ Communications Act of 1934, as without the Commission’s involvement. amended. fcc.gov and to [email protected]. Total Annual Burden: 60 hours. Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Annual Cost Burden: $40,500. Marlene H. Dortch, additional information about the Privacy Act Impact Assessment: No Secretary, Office of the Secretary. information collection, contact Cathy impact(s). [FR Doc. 2017–23625 Filed 10–30–17; 8:45 am] Williams at (202) 418–2918. Nature and Extent of Confidentiality: BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: As part of In general, there is no need for its continuing effort to reduce confidentiality with this collection of paperwork burdens, and as required by information. FEDERAL COMMUNICATIONS the PRA, 44 U.S.C. 3501–3520, the FCC Needs and Uses: This collection will COMMISSION invites the general public and other be submitted to the Office of Federal agencies to take this Management and Budget (OMB) as an [OMB 3060–0798; OMB 3060–0800] opportunity to comment on the extension following the 60-day following information collections. comment period in order to obtain the Information Collections Being Comments are requested concerning: full three-year clearance from OMB. Reviewed by the Federal Whether the proposed collection of The Federal Communications Communications Commission information is necessary for the proper Commission (‘‘Commission’’) plans to performance of the functions of the AGENCY: Federal Communications implement and release to the public an Commission, including whether the Commission. ‘‘Application for an International information shall have practical utility; Broadcast Station License’’ (FCC Form ACTION: Notice and request for the accuracy of the Commission’s 421–IB). The FCC Form 421–IB will be comments. burden estimate; ways to enhance the used by applicants to request licenses to quality, utility, and clarity of the operate international broadcast stations. SUMMARY: As part of its continuing effort to reduce paperwork burdens, and as information collected; ways to minimize The FCC Form 421–IB has not been the burden of the collection of implemented yet due to a lack of budget required by the Paperwork Reduction Act of 1995 (PRA), the Federal information on the respondents, resources and technical staff. After the including the use of automated form has been implemented and the Communications Commission (FCC or Commission) invites the general public collection techniques or other forms of Commission has obtained final approval information technology; and ways to from the OMB, applicants will file the and other Federal agencies to take this opportunity to comment on the further reduce the information FCC Form 421–IB with the Commission collection burden on small business in lieu of the ‘‘Application for an following information collections. Comments are requested concerning: concerns with fewer than 25 employees. International, Experimental Television, OMB Control Number: 3060–0798. Experimental Facsimile, or a Whether the proposed collection of Title: FCC Application for Radio Developmental Broadcast Station,’’ (FCC information is necessary for the proper Service Authorization; Wireless Form 310). (Note: The Commission performance of the functions of the Telecommunications Bureau; Public received approval from the OMB for the Commission, including whether the Safety and Homeland Security Bureau. FCC Form 310 under OMB Control No information shall have practical utility; Form Number: FCC Form 601. 3060–1035). In the interim, applicants the accuracy of the Commission’s Type of Review: Revision of a will continue to file the FCC Form 310 burden estimate; ways to enhance the currently approved collection. with the Commission. quality, utility, and clarity of the Respondents: Individuals and The Commission stated previously information collected; ways to minimize households; Business or other for-profit that the FCC Form 421–IB will be the burden of the collection of entities; Not-for-profit institutions; and available to applicants in the information on the respondents, State, local or tribal governments. International Bureau Filing System including the use of automated Number of Respondents and (‘‘MyIBFS’’) after its development. The collection techniques or other forms of Responses: 253,320 respondents and Commission plans to develop a new information technology; and ways to 253,320 responses. Consolidated Licensing System (CLS) further reduce the information Estimated Time per Response: 0.5– that will replace MyIBFS. Therefore, the collection burden on small business 1.25 hours. FCC Form 421–IB will be made concerns with fewer than 25 employees. Frequency of Response: available to the public in CLS instead of The FCC may not conduct or sponsor Recordkeeping requirement, third party MyIBFS. a collection of information unless it disclosure requirement, on occasion The information collected is used by displays a currently valid Office of reporting requirement and periodic the Commission to assign frequencies Management and Budget (OMB) control reporting requirement. for use by international broadcast number. No person shall be subject to Obligation to Respond: Required to stations, to grant authority to operate any penalty for failing to comply with obtain or retain benefits. The statutory such stations and to determine if a collection of information subject to the authority for this collection of
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information is contained in 47 U.S.C. standard for renewing wireless licenses renewal processes under the safe harbor 151, 152, 154, 154(i), 155(c), 157, 201, and set forth safe harbors providing provisions in § 1.949(e), which 202, 208, 214, 301, 302a, 303, 307, 308, expedited renewal for licensees that minimize the burdens on such 309, 310, 311, 314, 316, 319, 324, 331, meet their initial term construction licensees. The Commission expects that 332, 333, 336, 534, 535 and 554. requirement and remain operating at or most licensees will be able to avail Total Annual Burden: 222,055 hours. above that level. In addition, the themselves of the streamlined safe Total Annual Cost: $71,306,250. Commission adopted consistent service harbor process. Although some Privacy Impact Assessment: Yes. continuity rules, which provide for licensees will be required to make a Nature and Extent of Confidentiality: automatic termination of any license on renewal showing, on balance, we In general, there is no need for which a licensee permanently believe there will be no increase in the confidentiality with this collection of discontinues service or operation. overall annual burden to complete the information. The Commission now seeks approval form. Further, the Commission’s Needs and Uses: FCC Form 601 is a for revisions to its currently approved experience with requests to extend the consolidated, multi-part application collection of information under OMB discontinuance period for licensees in form that is used for market-based and Control Number 3060–0798 to permit the cellular service leads us to site-based licensing for wireless (1) the collection of renewal-related anticipate few, if any, such requests will telecommunications services, including information for Wireless Radio Service be filed under our new rules. public safety licenses, which are filed (WRS) licenses, and (2) the filing of Specifically, we are unaware of any through the Commission’s Universal requests to extend a permanent requests to extend a cellular Licensing System (ULS). FCC Form 601 discontinuance period for good cause. discontinuance period. Thus, we believe is composed of a main form that Regarding renewal of WRS licenses, contains administrative information and there will be a negligible, if any, impact § 1.949(d) of the Commission’s rules on the annual burden to complete the a series of schedules used for filing requires an applicant for renewal of technical and other information. This form. certain WRS licenses to meet the The Commission therefore seeks form is used to apply for a new license, Renewal Standard, i.e., the applicant approval for a revision to its currently to amend or withdraw a pending must demonstrate that over the course approved information collection on FCC application, to modify or renew an of the license term, the licensee Form 601 to revise FCC Form 601 existing license, cancel a license, provided and continues to provide request a duplicate license, submit accordingly. service to the public, or operated and OMB Control Number: 3060–0800. required notifications, request an continues to operate the license to meet Title: FCC Application for extension of time to satisfy construction the licensee(s)’ private, internal Assignments of Authorization and requirements, or request an communications needs. A renewal Transfers of Control: Wireless administrative update to an existing applicant can meet the Renewal Telecommunications Bureau and Public license (such as mailing address Standard by certifying compliance with Safety and Homeland Security Bureau. change), request a Special Temporary one of the safe harbors enumerated in Form Number: FCC Form 603. Authority or Developmental License. § 1.949(e) of the Commission’s rules, or, Type of Review: Revision of a Respondents are encouraged to submit if the applicant cannot satisfy the currently approved collection. FCC Form 601 electronically and are requirements of one of the safe harbors, Respondents: Business or other for- required to do so when submitting FCC the applicant must make a Renewal profit entities, Individuals or Form 601 to apply for an authorization Showing consistent with § 1.949(f). In households, not-for-profit institutions, for which the applicant was the winning addition, a renewal applicant must and State, Local or Tribal Governments. bidder in a spectrum auction. make a Regulatory Compliance Number of Respondents and The data collected on FCC Form 601 Certification certifying that it has Responses: 2,447 respondents; 2,447 includes the FCC Registration Number substantially complied with all responses. (FRN), which serves as a ‘‘common applicable FCC rules, policies, and the Estimated Time per Response: 0.5 link’’ for all filings an entity has with Communications Act of 1934, as hours–1.75 hours. the FCC. The Debt Collection amended. If an applicant is unable to Frequency of Response: Improvement Act of 1996 requires make this substantial compliance Recordkeeping requirement, on entities filing with the Commission to certification, it will need to provide an occasion reporting requirement and use an FRN. explanation of the circumstances periodic reporting requirement. On August 3, 2017, the Commission preventing such a certification and why Obligation to Respond: Required to released the WRS Reform Second Report renewal of the subject license should obtain or retain benefits. The statutory and Order in which it consolidated the still be granted. authority for this collection is contained hodgepodge of service-specific renewal We do not anticipate that these in 47 U.S.C. 154, 155, 158, 161, 301, and permanent discontinuance rules revisions will have any impact on the 303(r), 308, 309, 310 and 332. into consolidated Part 1 rules, 1.949 and burden to complete FCC Form 601. The Total Annual Burden: 2,759 hours. 1.953, respectively (See Amendment of renewal process remains virtually Annual Cost Burden: $366,975. Parts 1, 22, 24, 27, 74, 80, 90, 95, and unchanged for site-based licensees, Privacy Act Impact Assessment: Yes. 101 To Establish Uniform License which will continue to have streamlined Nature and Extent of Confidentiality: Renewal, Discontinuance of Operation, processes for renewal under the safe In general, there is no need for and Geographic Partitioning and harbors adopted in the WRS Reform confidentiality with this collection of Spectrum Disaggregation Rules and Second Report and Order. For licensees information. Policies for Certain Wireless Radio which had to make renewal showings Needs and Uses: FCC Form 603 is a Services, Second Report and Order and under the Commissions’ prior, service- multi-purpose form that is used by radio Further Notice of Proposed Rulemaking, specific renewal rules, including 700 services in Wireless Services within the FCC 17–105, (WRS Reform Second MHz Commercial Services, 600 MHz Universal Licensing System (ULS). FCC Report and Order)). Of relevance to the Service, H-Block Service, AWS–3, 603 is composed of a main form that information collection at issue here, the AWS–4, and 218–219 MHz Service, the contains the administrative information Commission established a consistent rules now provide for streamlined and a series of schedules used for filing
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technical information. These schedules Renewal, Discontinuance of Operation, partitioning, spectrum disaggregation, or are required when applying for and Geographic Partitioning and a combination of both, with two options Auctioned Services, Partitioning and Spectrum Disaggregation Rules and to satisfy service-specific performance Disaggregation, Undefined Geographical Policies for Certain Wireless Radio requirements (i.e., construction and Area Partitioning, and Notification of Services, Second Report and Order and operation requirements). Under the first Consummation or Request for Extension Further Notice of Proposed Rulemaking, option, each party may certify that it of Time for Consummation. Applicants/ FCC 17–105, (WRS Reform Second will individually satisfy any service- licensees in the Public Mobile Services, Report and Order)). Of relevance to the specific requirements and, upon failure, Personal Communications Services, information collection at issue here, the must individually face any service- Private Land Mobile Radio Services, Commission required that when specific performance penalties. Under Broadband Radio Service, Educational portions of geographic licenses are sold, the second option, both parties may Broadband Service, Maritime Services both parties to the transaction have a agree to share responsibility for any (excluding Ship), and Aviation Services clear construction obligation and service-specific requirements. Upon (excluding Aircraft) use FCC Form 603 penalty in the event of failure. failure to meet their shared service- to apply for an assignment or transfer, Specifically, § 1.950(c) requires specific performance requirements, both to establish their parties’ basic eligibility parties seeking approval for geographic parties will be subject to any service- and qualifications, to classify the filing, partitioning, spectrum disaggregation, or specific penalties. and/or to determine the nature of the a combination of both must apply for a The Commission seeks approval for proposed service. This form is also used partial assignment of authorization by revisions to its currently approved to notify the FCC of consummated filing FCC Form 603 pursuant to § 1.948 collection of information under OMB assignments and transfers of wireless of the Commission’s rules. Each request Control Number 3060–0800 to permit licenses to which the Commission has for geographic partitioning must include the collection of the additional previously consented or for which an attachment defining the perimeter of information in connection with partial notification but not prior consent is the partitioned area by geographic assignments of authorizations for required. Respondents are encouraged coordinates to the nearest second of geographic partitioning, spectrum to submit FCC 603 electronically. latitude and longitude, based upon the disaggregation, or a combination of The data collected on FCC 603 1983 North American Datum (NAD83). both, pursuant to the rules and include the FCC Registration Number Alternatively, applicants may specify an information collection requirements (FRN), which serves as a ‘‘common FCC-recognized service area (e.g., Basic adopted by the Commission in the WRS link’’ for all filings an entity has with Trading Area, Economic Area, Major Reform Second Report and Order. We the FCC. The Debt Collection Trading Area, Metropolitan Service do not anticipate that these revisions Improvement Act of 1996 required that Area, or Rural Service Area), county, or will impact the collection filing burden. those filing with the Commission to use county equivalent, in which case, Federal Communications Commission. an FRN, effective December 3, 2001. applicants need only list the specific Marlene H. Dortch, Records may include information FCC-recognized service area, county, or Secretary, Office of the Secretary. about individuals or households, e.g., county equivalent names comprising the personally identifiable information or partitioned area. Additionally, [FR Doc. 2017–23627 Filed 10–30–17; 8:45 am] PII, and the use(s) and disclosure of this applicants have the option to submit BILLING CODE 6712–01–P information are governed by the geographic data associated with requirements of a system of records applications to partition and/or FEDERAL COMMUNICATIONS notice or ‘SORN’, FCC/WTB–1, disaggregate their license using a COMMISSION ‘‘Wireless Services Licensing Records.’’ shapefile, KML or Geojson file format. There are no additional impacts under In addition, § 1.950(d) requires Open Commission Meeting, Tuesday, the Privacy Act. applicants for geographic partitioning, October 24, 2017 On August 3, 2017, the Commission spectrum disaggregation, or a released the WRS Reform Second Report combination of both, to include, if October 17, 2017. and Order in which it consolidated the applicable, a certification with their The Federal Communications hodgepodge of service-specific partial assignment of authorization Commission will hold an Open Meeting geographic partitioning and spectrum application stating which party will on the subjects listed below on Tuesday, disaggregation rules into a consolidated meet any incumbent relocation October 24, 2017 which is scheduled to Part 1 rule, 1.950 (See Amendment of requirements, except as otherwise stated commence at 10:30 a.m. in Room TW– Parts 1, 22, 24, 27, 74, 80, 90, 95, and in service-specific rules. Further, C305, at 445 12th Street SW., 101 To Establish Uniform License § 1.950(g) provides parties to geographic Washington, DC.
Item No. Bureau Subject
1 ...... Consumer & Governmental Affairs ...... Title: Rules and Policies Regarding Calling Number Identification Service—Call- er ID (CC Docket No. 91–281) Summary: The Commission will consider a Report and Order that would enable law enforcement and security personnel to obtain quick access to blocked Caller ID information needed to investigate threatening calls. It also would amend the Commission’s rules to allow non-public emergency services, such as private ambulance companies, to obtain blocked Caller ID information as- sociated with calls requesting assistance. 2 ...... Wireline Competition ...... Title: Nationwide Number Portability (WC Docket No. 17–244); Numbering Poli- cies for Modern Communications (WC Docket No. 13–97)
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Item No. Bureau Subject
Summary: The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry that proposes to amend the Commission’s rules as well as seeks comment on industry models to move toward complete nationwide number portability to promote competition between all service providers and increase network routing efficiencies. 3 ...... Wireline Tele-Communications and Of- Title: Promoting Investment in the 3550–3700 MHz Band (GN Docket No. 17– fice of Engineering & Technology. 258) Summary: The Commission will consider a Notice of Proposed Rulemaking that would seek comment and propose changes to the Priority Access License rules in the 3550–3700 MHz (3.5 GHz) band to increase incentives for in- vestment, encourage more efficient spectrum use, and promote faster and more widespread network deployments. 4 ...... Consumer & Governmental Affairs ...... Title: Access to Telecommunications Equipment and Services by Persons with Disabilities (CG Docket No. 13–46); Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets (WT Docket No. 07– 250); Comment Sought on 2010 Review of Hearing Aid Compatibility Regula- tions (WT Docket No. 10–254) Summary: The Commission will consider a Report and Order and Order on Re- consideration on hearing aid compatibility (HAC) that would update the vol- ume control standard for wireline telephones, extend wireline HAC require- ments to cover telephones used with advanced communications services, adopt a volume control rule for wireless handsets, and delete from the Com- mission’s rules an obsolete wireless HAC standard. 5 ...... International ...... Title: Section 43.62 Reporting Requirements for U.S. Providers of International Services (IB Docket No. 17–55); 2016 Biennial Review of Telecommuni- cations Regulations (IB Docket No. 16–131) Summary: The Commission will consider a Report and Order that would: (1) Eliminate the Traffic and Revenue Reports and (2) streamline the Circuit Ca- pacity Reports. 6 ...... Media ...... Title: Elimination of Main Studio Rule (MB Docket No. 17–106) Summary: The Commission will consider a Report and Order eliminating the rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. 7 ...... Media ...... Title: Amendment of Section 73.624(g) of the Commission’s Rules Regarding Submission of FCC Form 2100, Schedule G, Used to Report TV Stations’ Ancillary or Supplementary Services, Amendment of Section 73.3580 of the Commission’s Rules Regarding Public Notice of the Filing of Broadcast Appli- cations (MB Docket No. 17–264); Modernization of Media Regulation Initia- tive (MB Docket No. 17–105); Revision of the Public Notice Requirements of Section 73.3580 (MB Docket 05–6) Summary: The Commission will consider a Notice of Proposed Rulemaking that seeks comment on updates to Section 73.624(g) of its rules, which imposes certain reporting obligations for broadcasters relating to the provision of ancil- lary or supplementary services, and Section 73.3580, which requires public notice of the filing of broadcast applications, including through newspapers.
* * * * * broadcast live with open captioning FEDERAL COMMUNICATIONS The meeting site is fully accessible to over the Internet from the FCC Live Web COMMISSION people using wheelchairs or other page at www.fcc.gov/live. mobility aids. Sign language For a fee this meeting can be viewed [OMB 3060–1057] interpreters, open captioning, and live over George Mason University’s assistive listening devices will be Information Collection Being Reviewed Capitol Connection. The Capitol by the Federal Communications provided on site. Other reasonable Connection also will carry the meeting accommodations for people with Commission Under Delegated live via the Internet. To purchase these Authority disabilities are available upon request. services, call (703) 993–3100 or go to In your request, include a description of www.capitolconnection.gmu.edu. AGENCY: Federal Communications the accommodation you will need and Commission. a way we can contact you if we need Federal Communications Commission. ACTION: Notice and request for more information. Last minute requests Marlene H. Dortch, comments. will be accepted, but may be impossible Secretary. to fill. Send an email to: [email protected] [FR Doc. 2017–23628 Filed 10–30–17; 8:45 am] SUMMARY: As part of its continuing effort or call the Consumer & Governmental BILLING CODE 6712–01–P to reduce paperwork burdens, and as Affairs Bureau at 202–418–0530 (voice), required by the Paperwork Reduction 202–418–0432 (TTY). Act (PRA), the Federal Communications Additional information concerning Commission (FCC or Commission) this meeting may be obtained from the invites the general public and other Office of Media Relations, (202) 418– Federal agencies to take this 0500; TTY 1–888–835–5322. Audio/ opportunity to comment on the Video coverage of the meeting will be following information collections.
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Comments are requested concerning: OMB Control No.: 3060–1057. determine if interference or adverse Whether the proposed collection of Title: Application for Authority to propagation conditions exist that may information is necessary for the proper Construct or Make Changes in an impact the operation of such stations. If performance of the functions of the International Broadcast Station. the Commission did not collect this Commission, including whether the Form No.: FCC Form 420–IB. information, it would not be in a information shall have practical utility; Type of Review: Extension of a position to effectively coordinate the accuracy of the Commission’s currently approved information spectrum for international broadcasters burden estimate; ways to enhance the collection. or to act for entities in times of quality, utility, and clarity of the Respondents: Business or other for- frequency interference or adverse information collected; ways to minimize profit. propagation conditions. The orderly the burden of the collection of Number of Respondents: 10 nature of the provision of international information on the respondents, respondents; 10 responses. broadcast service would be in jeopardy including the use of automated Estimated Time per Response: 6 hours without the Commission’s involvement. collection techniques or other forms of per response. Federal Communications Commission. information technology; and ways to Frequency of Response: On occasion further reduce the information reporting requirement. Marlene H. Dortch, collection burden on small business Obligation to Respond: Required to Secretary, Office of the Secretary. concerns with fewer than 25 employees. obtain or retain benefits. The statutory [FR Doc. 2017–23626 Filed 10–30–17; 8:45 am] The FCC may not conduct or sponsor authority for this information collection BILLING CODE 6712–01–P a collection of information unless it is contained in 47 U.S.C. 154, 303, 334, displays a currently valid Office of 336 and 339. Management and Budget (OMB) control Total Annual Burden: 60 hours. number. No person shall be subject to Annual Cost Burden: $46,050. FEDERAL RESERVE SYSTEM any penalty for failing to comply with Privacy Act Impact Assessment: No a collection of information subject to the impact(s). Formations of, Acquisitions by, and PRA that does not display a valid OMB Nature and Extent of Confidentiality: Mergers of Bank Holding Companies control number. In general, there is no need for confidentiality with this collection of The companies listed in this notice DATES: Written comments should be have applied to the Board for approval, submitted on or before January 2, 2018. information. Needs and Uses: This collection will pursuant to the Bank Holding Company If you anticipate that you will be be submitted to the Office of Act of 1956 (12 U.S.C. 1841 et seq.) submitting comments, but find it Management and Budget (OMB) as an (BHC Act), Regulation Y (12 CFR part difficult to do so within the period of 225), and all other applicable statutes time allowed by this notice, you should extension following the 60-day comment period in order to obtain the and regulations to become a bank advise the contacts below as soon as holding company and/or to acquire the possible. full three-year clearance from OMB. The Federal Communications assets or the ownership of, control of, or ADDRESSES: Direct all PRA comments to Commission (‘‘Commission’’) received the power to vote shares of a bank or Cathy Williams, FCC, via email PRA@ approval from the OMB to develop a bank holding company and all of the fcc.gov and to [email protected]. new application titled, ‘‘Application for banks and nonbanking companies FOR FURTHER INFORMATION CONTACT: For Authority to Construct or Make Changes owned by the bank holding company, additional information about the in an International Broadcast Station including the companies listed below. information collection, contact Cathy (FCC Form 420–IB)’’ to request authority The applications listed below, as well Williams at (202) 418–2918. from the Commission to construct or as other related filings required by the SUPPLEMENTARY INFORMATION: As part of make changes in an international Board, are available for immediate its continuing effort to reduce broadcast station. This application has inspection at the Federal Reserve Bank paperwork burdens, and as required by not been implemented and released to indicated. The applications will also be the PRA of 1995 (44 U.S.C. 3501–3520), the public yet due to a lack of budget available for inspection at the offices of the FCC invites the general public and resources and technical staff. After the the Board of Governors. Interested other Federal agencies to take this FCC Form 420–IB has been persons may express their views in opportunity to comment on the implemented and the Commission has writing on the standards enumerated in following information collections. obtained final approval from the OMB, the BHC Act (12 U.S.C. 1842(c)). If the Comments are requested concerning: it will be completed by international proposal also involves the acquisition of Whether the proposed collection of broadcasters in lieu of the ‘‘Application a nonbanking company, the review also information is necessary for the proper for Authority to Construct or Make includes whether the acquisition of the performance of the functions of the Changes in an International, nonbanking company complies with the Commission, including whether the Experimental Television, Experimental standards in section 4 of the BHC Act information shall have practical utility; Facsimile, or a Developmental (12 U.S.C. 1843). Unless otherwise the accuracy of the Commission’s Broadcast Station,’’ (FCC Form 309). In noted, nonbanking activities will be burden estimate; ways to enhance the the interim, applicants will continue to conducted throughout the United States. quality, utility, and clarity of the file the FCC Form 309 with the Unless otherwise noted, comments information collected; ways to minimize Commission. (Note: The OMB approved regarding each of these applications the burden of the collection of the FCC Form 309 under OMB Control must be received at the Reserve Bank information on the respondents, No. 3060–1035. indicated or the offices of the Board of including the use of automated The information collected pursuant to Governors not later than November 28, collection techniques or other forms of the rules set forth in 47 CFR part 73, 2017. information technology; and ways to subpart F, is used by the Commission to A. Federal Reserve Bank of Atlanta further reduce the information assign frequencies for use by (Kathryn Haney, Director of collection burden on small business international broadcast stations, to grant Applications) 1000 Peachtree Street NE., concerns with fewer than 25 employees. authority to operate such stations and to Atlanta, Georgia 30309. Comments can
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also be sent electronically to Bancorp, Inc., and indirectly acquire electronically to [email protected]: shares of TNB Bank, both of Tuscola, [email protected]: 1. Southeastern Bancorp, Inc., Illinois. 1. Arvest Bank Group, Inc., and Dickson, Tennessee, a savings and loan Board of Governors of the Federal Reserve Arvest Holdings, Inc., both of holding company; to become a bank System, October 25, 2017. Bentonville, Arkansas; indirectly holding company by acquiring voting Ann E. Misback, through its wholly owned subsidiary, shares of Cumberland Bancorp Inc., and Secretary of the Board. Arvest Acquisition Sub, Inc., thereby acquire shares of Cumberland Fayetteville, Arkansas; to acquire 100 [FR Doc. 2017–23565 Filed 10–30–17; 8:45 am] Bank & Trust, both of Clarksville, percent of the voting shares of Bear Tennessee. BILLING CODE P State Financial, Inc., and thereby In connection with this proposal, indirectly acquire Bear State Bank, both Southeastern Bancorp, Inc., Dickson, FEDERAL RESERVE SYSTEM of Little Rock, Arkansas. Tennessee has applied to retain C. Federal Reserve Bank of ownership of its savings association Formations of, Acquisitions by, and Minneapolis (Brendan S. Murrin, subsidiary, First Federal Bank, Dickson, Mergers of Bank Holding Companies Assistant Vice President) 90 Hennepin Tennessee, pursuant to section Avenue, Minneapolis, Minnesota 225.28(b)(4)(ii) of Regulation Y. The companies listed in this notice 55480–0291: B. Federal Reserve Bank of Chicago have applied to the Board for approval, 1. First Holding Company of Cavalier, (Colette A. Fried, Assistant Vice pursuant to the Bank Holding Company Inc., Cavalier, North Dakota; to acquire President) 230 South LaSalle Street, Act of 1956 (12 U.S.C. 1841 et seq.) 100 percent of the voting shares of First Chicago, Illinois 60690–1414: (BHC Act), Regulation Y (12 CFR part National Bank Mahnomen Twin Valley, 1. Bank Street Capital Corporation; to 225), and all other applicable statutes Mahnomen, Minnesota. become a bank holding company by and regulations to become a bank acquiring 100 percent of the voting holding company and/or to acquire the Board of Governors of the Federal Reserve shares of Waukesha State Bank, both of assets or the ownership of, control of, or System, October 25, 2017. Waukesha, Wisconsin. the power to vote shares of a bank or Ann E. Misback, Board of Governors of the Federal Reserve bank holding company and all of the Secretary of the Board. System, October 26, 2017. banks and nonbanking companies [FR Doc. 2017–23564 Filed 10–30–17; 8:45 am] Ann E. Misback, owned by the bank holding company, BILLING CODE P Secretary of the Board. including the companies listed below. The applications listed below, as well [FR Doc. 2017–23682 Filed 10–30–17; 8:45 am] FEDERAL RESERVE SYSTEM BILLING CODE 6210–01–P as other related filings required by the Board, are available for immediate Formations of, Acquisitions by, and inspection at the Federal Reserve Bank Mergers of Savings and Loan Holding indicated. The applications will also be FEDERAL RESERVE SYSTEM Companies available for inspection at the offices of Change in Bank Control Notices; the Board of Governors. Interested The companies listed in this notice Acquisitions of Shares of a Bank or persons may express their views in have applied to the Board for approval, Bank Holding Company writing on the standards enumerated in pursuant to the Home Owners’ Loan Act the BHC Act (12 U.S.C. 1842(c)). If the The notificants listed below have (12 U.S.C. 1461 et seq.) (HOLA), proposal also involves the acquisition of applied under the Change in Bank Regulation LL (12 CFR part 238), and a nonbanking company, the review also Control Act (12 U.S.C. 1817(j)) and Regulation MM (12 CFR part 239), and includes whether the acquisition of the § 225.41 of the Board’s Regulation Y (12 all other applicable statutes and nonbanking company complies with the CFR 225.41) to acquire shares of a bank regulations to become a savings and standards in section 4 of the BHC Act or bank holding company. The factors loan holding company and/or to acquire (12 U.S.C. 1843). Unless otherwise that are considered in acting on the the assets or the ownership of, control noted, nonbanking activities will be notices are set forth in paragraph 7 of of, or the power to vote shares of a conducted throughout the United States. the Act (12 U.S.C. 1817(j)(7)). savings association and nonbanking The notices are available for Unless otherwise noted, comments companies owned by the savings and immediate inspection at the Federal regarding each of these applications loan holding company, including the Reserve Bank indicated. The notices must be received at the Reserve Bank companies listed below. also will be available for inspection at indicated or the offices of the Board of The applications listed below, as well the offices of the Board of Governors. Governors not later than November 27, as other related filings required by the Interested persons may express their 2017. Board, are available for immediate views in writing to the Reserve Bank A. Federal Reserve Bank of Chicago inspection at the Federal Reserve Bank indicated for that notice or to the offices (Colette A. Fried, Assistant Vice indicated. The application also will be of the Board of Governors. Comments President) 230 South LaSalle Street, available for inspection at the offices of must be received not later than Chicago, Illinois 60690–1414: the Board of Governors. Interested November 16, 2017. 1. Rigler Investment Company, New persons may express their views in A. Federal Reserve Bank of Chicago Hampton, Iowa; to acquire voting shares writing on the standards enumerated in (Colette A. Fried, Assistant Vice of Green Circle Investments, Inc., Clive, the HOLA (12 U.S.C. 1467a(e)). If the President) 230 South LaSalle Street, Iowa and thereby indirectly acquire proposal also involves the acquisition of Chicago, Illinois 60690–1414: shares of Peoples Trust and Savings a nonbanking company, the review also 1. Timothy Derwin Murphy, Atwood, Bank, Clive, Iowa. includes whether the acquisition of the Illinois; to join Boulevard Financial, B. Federal Reserve Bank of St. Louis nonbanking company complies with the L.P., a qualified limited family (David L. Hubbard, Senior Manager) standards in section 10(c)(4)(B) of the partnership, as a general partner and P.O. Box 442, St. Louis, Missouri HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless thereby acquire voting shares of TNB 63166–2034. Comments can also be sent otherwise noted, nonbanking activities
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will be conducted throughout the C of the FY 2010 Consolidated K96, Atlanta, Georgia 30329, Telephone: United States. Appropriations Act (Pub. L. 111–117), (770) 488–8170. Unless otherwise noted, comments GSA is publishing this notice to advise SUPPLEMENTARY INFORMATION: On March regarding each of these applications the public of the availability of the FY 22, 2017 CDC announced the must be received at the Reserve Bank 2016 Service Contract Inventories. availability for public comment of a indicated or the offices of the Board of These inventories are available at Draft Environmental Assessment (Draft Governors not later than November 28, https://www.acquisition.gov/service- EA) for the implementation of the CDC 2017. contract-inventory. The inventories Chamblee Campus 2025 Master Plan A. Federal Reserve Bank of Atlanta provide information on (Master Plan) (82 FR 14733). CDC’s (Kathryn Haney, Director of governmentwide service contract Chamblee Campus is located at 4770 Applications) 1000 Peachtree Street NE., actions over $25,000 that were made in Buford Highway, Chamblee, Georgia. Atlanta, Georgia 30309. Comments can FY 2016. The service contract inventory The Draft EA was available for a 60-day also be sent electronically to information located on acquisition.gov public comment period that ended on [email protected]: can be filtered by agency and May 22, 2017. Six comments were 1. Southeastern Bancorp, Inc., component to show how contracted received to the docket; none of the Dickson, Tennessee; to merge with resources are distributed throughout any comments raised specific issues or Cumberland Bancorp Inc., and thereby agency. The inventory has been concerns with the methodology, acquire Cumberland Bank & Trust, both developed in accordance with the analysis, conclusion or accuracy of the of Clarksville, Tennessee. Southeastern guidance issued on December 19, 2011, EA. Bancorp, Inc. will retain ownership of by the Office of Management and The Draft EA was prepared in its savings association subsidiary, First Budget’s Office of Federal Procurement accordance with the National Federal Bank, Dickson, Tennessee, and Policy (OFPP). OFPP’s guidance is Environmental Policy Act of 1969 thereby continue to engage in operating available at: https://obamawhitehouse. (NEPA), as amended (42 U.S.C. 4321 et a savings association. Southeastern archives.gov/omb/procurement-service- seq.), the Council on Environmental Bancorp, Inc. will convert back to a contract-inventories. GSA has posted its Quality (CEQ) implementing regulations savings and loan holding company after FY 2015 inventory analysis and its (40 CFR 1500–1508) and the HHS the merger of Cumberland Bank & Trust planned analysis of FY 2016 actions at General Administration Manual (GAM) with and into First Federal Bank. the following location: http:// Part 30 Environmental Procedures, Board of Governors of the Federal Reserve www.gsa.gov/gsasci. dated February 25, 2000. CDC has System, October 26, 2017. Jeffrey A. Koses, determined that the proposed action Ann E. Misback, Director, Office of Acquisition Policy, Office would not have a significant impact on Secretary of the Board. of Government-wide Policy. the human or natural environment and [FR Doc. 2017–23681 Filed 10–30–17; 8:45 am] [FR Doc. 2017–23662 Filed 10–30–17; 8:45 am] therefore, the preparation of an Environmental Impact Statement is not BILLING CODE P BILLING CODE 6820–61–P required. Copies of the FONSI and/or Final EA are available by contacting Angela Wagner (please see FOR FURTHER GENERAL SERVICES DEPARTMENT OF HEALTH AND INFORMATION CONTACT). HUMAN SERVICES ADMINISTRATION The Chamblee Campus 2025 Master [Notice–MV–2017–04; Docket No. 2017– Centers for Disease Control and Plan provides a framework for future 0002; Sequence 19] Prevention growth on the Chamblee Campus in order to ensure that the campus can Public Availability of General Services [Docket No. CDC–2017–0019] support CDC’s mission and to guide Administration Fiscal Year 2016 strategic decisions about the allocation Service Contract Inventory Notice of Availability of the Final of Federal resources. The Master Plan Environmental Assessment and identifies a number of potential AGENCY: Office of Governmentwide Finding of No Significant Impact for improvements that may be completed Policy; General Services HHS/CDC Chamblee Campus 2025 through the 2025 timeframe, and Administration, (GSA). Master Plan, Chamblee, Georgia establishes design and planning ACTION: Notice of public availability of AGENCY: Centers for Disease Control and guidelines. GSA Fiscal Year 2016 Service Contract Prevention, Department of Health and The proposed improvements include: Inventories. Human Services (HHS). (1) New building construction, SUMMARY: In accordance with The Fiscal ACTION: Notice of Availability of the including an approximately 386,000 Year (FY) 2010 Consolidated Final Environmental Assessment and gross square feet (gsf) office building, an Appropriations Act, GSA is publishing Finding of No Significant Impact. approximately 415,000 gsf laboratory this notice to advise the public of the building and an adjacent approximately SUMMARY: The Centers for Disease availability of the FY 2016 Service 10,000 gsf laboratory material handling Control and Prevention (CDC), within Contract Inventories. facility; and a new, approximately the Department of Health and Human 20,000 gsf, central utility plant (CUP); DATES: October 31, 2017. Services (HHS) announces the (2) building demolition; (3) expansion FOR FURTHER INFORMATION CONTACT: availability of the Final Environmental and reconfiguration of parking on Questions regarding the Service Assessment (EA) and a Finding of No campus; (4) installation of a Contract Inventory should be directed to Significant Impact (FONSI) for the CDC comprehensive solar photovoltaic Mr. James Tsujimoto in the Office of Chamblee Campus 2025 Master Plan. system; (5) improvements to the campus Acquisition Policy at 202–206–3585 or FOR FURTHER INFORMATION CONTACT: entrances; and (6) additional [email protected]. Angela Wagner, Portfolio Manager, infrastructure improvements. SUPPLEMENTARY INFORMATION: In Centers for Disease Control and CDC assessed the potential impacts of accordance with section 743 of Division Prevention, 1600 Clifton Road NE., MS– the proposed improvements on the
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natural and human environment and Health, Centers for Disease Control and Approach determined that the proposed action Prevention, 4770 Buford Highway, CDC is seeking information from the would not result in significant adverse Atlanta, GA 30341; Telephone (770) public to inform future activities that impacts. Based on the results of the 488–5709; Email: [email protected]. could efficiently and cost effectively Final EA, CDC has issued a FONSI SUPPLEMENTARY INFORMATION: connect tobacco users with evidence- indicating the proposed action will not Scope of Problem based treatment options to help them have a significant impact on the quit. We plan to use the information Cigarette smoking is the leading cause environment. The Build Alternative will gathered to inform activities including, of premature death and disease in the be undertaken in accordance with the but not limited to, state tobacco control United States, causing about 480,000 best management practices (BMPs), programming, national governmental deaths each year and costing the minimization and mitigation measures and nongovernmental organization country over $300 billion annually in as presented in the Final EA and FONSI. work, and other entities that work to health care spending and lost Dated: October 25, 2017. make broadly available and sustainable productivity.12 Helping tobacco users connections between people who want Sandra Cashman, quit completely is the quickest approach Executive Secretary, Centers for Disease to reducing tobacco-related disease, to quit using tobacco and evidence- Control and Prevention. death, and costs.7 Quitting smoking has based cessation assistance. The goal of this effort is to ensure that [FR Doc. 2017–23668 Filed 10–30–17; 8:45 am] immediate and long-term health all tobacco users who want help quitting BILLING CODE 4163–18–P benefits.1 While quitting smoking at any age is beneficial, smokers who quit by are aware of and have ready access to the age of 35 to 44 years can prevent evidence-based treatment options DEPARTMENT OF HEALTH AND most of the risk of dying from a through channels that they are HUMAN SERVICES smoking-related disease.18 comfortable using, including but not Most cigarette smokers say that they limited to telephone quitlines. We will Centers for Disease Control and want to quit, more than half try to quit carefully review and consider all Prevention each year, and almost three in five comments received to this request for [Docket No. CDC–2017–0103] American adults who ever smoked have information. quit.3 Several treatments are proven CDC is specifically interested in Request for Information on Effective, effective in helping tobacco users quit, receiving information on the following Large-Scale, Sustainable Approaches including individual, group, and topics: To Help People Quit Using Tobacco by telephone counseling and seven FDA- (1) How can CDC leverage emerging Employing Evidence-Based Treatment approved cessation medications.34 technologies to deliver evidence-based Options Receiving advice to quit and quitting cessation interventions through new assistance from health care providers and innovative platforms that have AGENCY: Centers for Disease Control and also increases quit rates.45 The use of broad reach, especially among younger Prevention, Department of Health and both counseling and medication when adults, those with low income, and Human Services (HHS). trying to quit is more effective than adults with chronic and/or behavioral ACTION: Request for information. using either method alone.45 However, health conditions? (2) What are some innovative SUMMARY: The Centers for Disease only one-third of smokers use counseling and/or medication when approaches to reduce the cost—in time, Control and Prevention (CDC) within staffing, and funding—of providing the Department of Health and Human trying to quit, and only one in twenty smokers use both.3 While adult cigarette effective cessation services to people Services (HHS) is requesting who want to quit using tobacco? information from the public to inform smoking rates have been declining overall for several decades, certain (3) How might standardization of future activities regarding how to quitline services achieve greater efficiently and cost effectively help groups continue to smoke at high rates and face special challenges in quitting, efficiency while also preserving state people quit using tobacco using quitlines’ ‘‘brands,’’ flexibility, and evidence-based treatment options. including adults who live below the poverty level and adults with behavioral capacity for innovation? DATES: Written comments must be health conditions.6 Those with (4) What communication channels received on or by January 2, 2018. behavioral health conditions include and communication strategies should ADDRESSES: Submit comments by any adults with mental illness or substance CDC consider employing to ensure that one of the following methods: abuse disorders. The Substance Abuse both tobacco users, including those • Internet: Electronic comments may and Mental Health Services belonging to high-risk and be sent via http://www.regulations.gov, Administration’s National Survey on disadvantaged populations, and health docket control number CDC–2017–0103. Drug Use and Health (NSDUH) defines care providers are aware of and have Please follow the directions on the site mental illness as any diagnosable access to evidence-based cessation to submit comments; or mental, behavioral, or emotional resources? • Mail: Comments may also be sent disorder and defines substance use (5) What role should CDC, state and by mail to the attention of Pamela disorder as dependence or abuse of local health departments, not for profit Lemos, Office on Smoking and Health, alcohol or illicit drugs. institutions, traditional healthcare Centers for Disease Control and Many resources are available to help providers, and/or professional Prevention, 4770 Buford Highway, Mail smokers connect with evidence-based healthcare partner organizations, play in Stop F–79, Atlanta, GA 30341. treatments. Telephone quitlines exist in ensuring that high-risk populations All relevant comments will be posted all states and other innovative and (such as smokers living below the without change to http:// emerging resources are available such as poverty level or those with behavioral www.regulations.gov including any web based platforms, texting, chat, and health conditions) have access to personal information provided. mobile apps. Many smokers, however, tailored cessation services of FOR FURTHER INFORMATION CONTACT: are unaware of these resources or have appropriate intensity to help them Pamela Lemos, Office on Smoking and misconceptions about them. successfully quit?
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(6) How can CDC support state and Dated: October 25, 2017. DEPARTMENT OF HEALTH AND local health departments, traditional Sandra Cashman, HUMAN SERVICES healthcare providers, not for profit Executive Secretary, Centers for Disease health institutions, and professional Control and Prevention. Food and Drug Administration healthcare partner organizations to [FR Doc. 2017–23669 Filed 10–30–17; 8:45 am] [Docket No. FDA–2017–N–5897] ensure that evidence-based tobacco BILLING CODE 4163–18–P cessation interventions are integrated Packaging, Storage, and Disposal into primary and behavioral health care Options To Enhance Opioid Safety— settings on a consistent and sustainable DEPARTMENT OF HEALTH AND Exploring the Path Forward; Public basis? HUMAN SERVICES Workshop; Request for Comments (7) How can the public health sector Centers for Disease Control and AGENCY: Food and Drug Administration, most effectively maximize the impact of HHS. public and private insurance coverage of Prevention cessation treatments as part of efforts to ACTION: Notice of public workshop; ensure that all tobacco users have [CDC–2017–0048; Docket Number NIOSH– request for comments. 156–C] barrier-free access to these treatments? SUMMARY: The Food and Drug References Final Immediately Dangerous to Life or Administration (FDA, the Agency, or Health (IDLH) Value Profiles we) is announcing the following public 1. U.S. Department of Health and Human workshop entitled ‘‘Packaging, Storage, Services. The Health Consequences of AGENCY: National Institute for and Disposal Options To Enhance Smoking—50 Years of Progress: A Report Occupational Safety and Health Opioid Safety—Exploring the Path of the Surgeon General. Atlanta: U.S. (NIOSH) of the Centers for Disease Forward.’’ The purpose of this 2-day Department of Health and Human Control and Prevention (CDC), public workshop is to host a scientific Services, Centers for Disease Control and discussion with experts and seek input Prevention, National Center for Chronic Department of Health and Human Services (HHS). from interested stakeholders regarding Disease Prevention and Health the role of packaging, storage, and Promotion, Office on Smoking and ACTION: Notice of availability. disposal options within the larger Health, 2014. landscape of activities aimed at 2. Xu X, Bishop EE, Kennedy SM, Simpson SUMMARY: NIOSH announces the addressing abuse, misuse, or SA, Pechacek TF. Annual Healthcare availability of the following four inappropriate access of prescription Spending Attributable to Cigarette Immediately Dangerous to Life or Health opioid drug products (opioids); guiding Smoking: An Update. American Journal (IDLH) Value Profile documents: principles and considerations for the of Preventive Medicine 2014;48(3):326– Acetonitrile [CAS No. 75–05–8], design of packaging, storage, and 33. Chloroacetonitrile [CAS No. 107–14–2], disposal options for opioids; integrating 3. Babb S, Malarcher A, Schauer G, Asman Methacrylonitrile [CAS No. 126–98–7], K, Jamal A. Quitting Smoking Among packaging, storage, and disposal options and Nitrogen dioxide [CAS No. 10102– into existing health care and pharmacy Adults—United States, 2000–2015. 44–0]. MMWR Morb Mortal Wkly Rep systems, including both open and 2017;65:1457–1464. DATES: The final IDLH Value Profile closed health care systems (e.g., a closed 4. Siu AL; US Preventive Services Task documents were published on system such as the U.S. Department of Force. Behavioral and pharmacotherapy September 29, 2017. Veterans Affairs); data needs and how to interventions for tobacco smoking address challenges in assessing the ADDRESSES: cessation in adults, including pregnant These documents may be impact of packaging, storage, and women: U.S. Preventive Services Task obtained at the following link: https:// disposal options in both the premarket Force recommendation statement. Ann www.cdc.gov/niosh/idlh/default.html. and postmarket settings; and ways in Intern Med 2015;163:622–34. FOR FURTHER INFORMATION CONTACT: R. which FDA could encourage the 5. Fiore MC, Jae´n CR, Baker TB, et al. Todd Niemeier, MS, CIH, NIOSH, development and assessment of Treating Tobacco Use and Dependence: Education and Information Division packaging, storage, and disposal options 2008 Update—Clinical Practice (EID), Robert A. Taft Laboratories, 1090 for opioids that have the potential to Guidelines. Rockville (MD): U.S. Tusculum Ave., MS–C32, Cincinnati, enhance opioid safety. Department of Health and Human OH 45226, phone 513/533–8166 (not a DATES: The public workshop will be Services, Public Health Service, Agency toll-free number), email: [email protected]. held on December 11 and 12, 2017, from for Healthcare Research and Quality, 8:30 a.m. to 5 p.m. Submit either 2008. SUPPLEMENTARY INFORMATION: On May 5, electronic or written comments on this 6. Jamal A, King BA, Neff LJ, Whitmill J, 2017, NIOSH published a request for public workshop by February 12, 2018. Babb SD, Graffunder CM. Current public review in the Federal Register See the SUPPLEMENTARY INFORMATION Cigarette Smoking Among Adults— [82 FR 21239] on IDLH Value profiles. section for registration date and United States, 2005–2015. MMWR Morb We did not receive public comments, information. Mortal Wkly Rep 2016;65:1205–1211. but did receive peer and stakeholder 7. Institute of Medicine. Ending the Tobacco comments. These comments received ADDRESSES: The public workshop will Problem: A Blueprint for the Nation. were reviewed and addressed where be held at the Sheraton Silver Spring Washington: The National Academies appropriate. Hotel, 8777 Georgia Ave., Silver Spring, Press, 2007. MD 20910. The hotel’s phone number is 8. Jha P, Ramasundarahettige C, Landsman V, Frank Hearl, 301–589–0800. Rostron B, Thun M, Anderson RN, Chief of Staff, National Institute for You may submit comments as McAfee T, Peto R. 21st-century hazards Occupational Safety and Health, Centers for follows. Please note that late, untimely of smoking and benefits of cessation in Disease Control and Prevention. filed comments will not be considered. the United States. New England Journal [FR Doc. 2017–23665 Filed 10–30–17; 8:45 am] Electronic comments must be submitted of Medicine 2013;368(4):341–50. BILLING CODE 4163–19–P on or before February 12, 2018. The
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https://www.regulations.gov electronic or at the Dockets Management Staff and disposal options have the potential filing system will accept comments between 9 a.m. and 4 p.m., Monday to enhance the safety of legally until midnight Eastern Time at the end through Friday. prescribed opioids. The development of of February 12, 2018. Comments • Confidential Submissions—To such options is an important component received by mail/hand delivery/courier submit a comment with confidential of a multi-pronged approach to (for written/paper submissions) will be information that you do not wish to be addressing the current opioid epidemic. considered timely if they are made publicly available, submit your FDA is exploring a scientific postmarked or the delivery service comments only as a written/paper framework that supports and encourages acceptance receipt is on or before that submission. You should submit two the development of packaging, storage, date. copies total. One copy will include the and disposal options that can reduce or information you claim to be confidential deter misuse, abuse, or inappropriate Electronic Submissions with a heading or cover note that states access to opioids, while allowing for the Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS safe use of opioids by patients who need following way: CONFIDENTIAL INFORMATION.’’ The them. FDA will need to define the • Federal eRulemaking Portal: Agency will review this copy, including specific problems that packaging, https://www.regulations.gov. Follow the the claimed confidential information, in storage, and disposal options could instructions for submitting comments. its consideration of comments. The most effectively address; the guiding Comments submitted electronically, second copy, which will have the scientific principles to consider for the including attachments, to https:// claimed confidential information design and evaluation of these options; www.regulations.gov will be posted to redacted/blacked out, will be available and the types of data most useful for the docket unchanged. Because your for public viewing and posted on evaluating them. comment will be made public, you are https://www.regulations.gov. Submit The Duke-Margolis Center for Health solely responsible for ensuring that your both copies to the Dockets Management Policy previously convened an expert comment does not include any Staff. If you do not wish your name and workshop on June 1, 2017, to begin confidential information that you or a contact information to be made publicly examining the potential role of third party may not wish to be posted, available, you can provide this packaging, storage, and disposal options such as medical information, your or information on the cover sheet and not in enhancing opioid safety and deterring anyone else’s Social Security number, or in the body of your comments and you misuse, abuse, and inappropriate access. confidential business information, such must identify this information as This workshop provided a forum for as a manufacturing process. Please note ‘‘confidential.’’ Any information marked discussing (1) the role of packaging, that if you include your name, contact as ‘‘confidential’’ will not be disclosed storage, and disposal options in information, or other information that except in accordance with 21 CFR 10.20 addressing factors that enable opioid identifies you in the body of your and other applicable disclosure law. For abuse and misuse or inappropriate comments, that information will be more information about FDA’s posting access; (2) the current range of existing posted on https://www.regulations.gov. of comments to public dockets, see 80 packaging, storage, and disposal • If you want to submit a comment FR 56469, September 18, 2015, or access options; (3) approaches to evaluating the with confidential information that you the information at: https://www.gpo.gov/ impact of packaging, storage, and do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- disposal options on misuse and abuse or public, submit the comment as a 23389.pdf. inappropriate access of opioids; and (4) written/paper submission and in the Docket: For access to the docket to considerations for integrating the use of manner detailed (see ‘‘Written/Paper read background documents or the packaging, storage, and disposal options Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments into existing health care and pharmacy Written/Paper Submissions received, go to https:// systems. Following the June 1, 2017, www.regulations.gov and insert the Duke-Margolis Center for Health Policy Submit written/paper submissions as docket number, found in brackets in the expert workshop, an issues paper was follows: heading of this document, into the developed.1 While the expert workshop • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts and subsequent issues paper were written/paper submissions): Dockets and/or go to the Dockets Management supported through a cooperative Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, agreement with FDA, the views Drug Administration, 5630 Fishers Rockville, MD 20852. expressed in the accompanying Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments FOR FURTHER INFORMATION CONTACT: documents are those of the participants submitted to the Dockets Management Irene Z. Chan, Food and Drug in attendance of that expert workshop, Staff, FDA will post your comment, as Administration, 10903 New Hampshire and do not necessarily reflect the well as any attachments, except for Ave., Bldg. 22, Rm. 4420, Silver Spring, official positions and policies of the information submitted, marked and MD 20993–0002, 301–796–3962, Department of Health and Human identified, as confidential, if submitted [email protected]; or Michelle Services, or imply endorsements by the as detailed in ‘‘Instructions.’’ Eby, Food and Drug Administration, U.S. Government or other organizations. Instructions: All submissions received 10903 New Hampshire Ave., Bldg. 22, II. Topics for Discussion at the Public must include the Docket No. FDA– Rm. 4422, Silver Spring, MD 20993– Workshop 2017–N–5897 for ‘‘Packaging, Storage, 0002, 301–796–4714, Michelle.Eby@ In this 2-day public workshop, FDA and Disposal Options To Enhance fda.hhs.gov. plans to explore the appropriate path Opioid Safety—Exploring the Path SUPPLEMENTARY INFORMATION: forward by hosting a scientific Forward.’’ Received comments, those discussion with experts and seeking filed in a timely manner (see I. Background input from interested stakeholders. ADDRESSES), will be placed in the docket FDA is deeply concerned about the and, except for those submitted as widespread epidemic of opioid abuse, 1 https://healthpolicy.duke.edu/events/exploring- ‘‘Confidential Submissions,’’ publicly dependence, and overdose in the United packaging-storage-and-disposal-solutions-enhance- viewable at https://www.regulations.gov States. FDA believes packaging, storage, opioid-safety.
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Further discussion is needed regarding fda.hhs.gov no later than December 4, collection in the guidance on (1) the role of packaging, storage, and 2017. ‘‘Postmarketing Adverse Event disposal options within the larger Public Participation in Scientific Reporting for Medical Products and landscape of activities aimed at Workshop: Time will be provided Dietary Supplements During an addressing opioid abuse, misuse, or during the discussion of each agenda Influenza Pandemic.’’ inappropriate access; (2) guiding topic for audience participants to DATES: Submit either electronic or principles and considerations for the provide comments if desired. Comments written comments on the collection of design of packaging, storage, and should be specific to the discussion information by January 2, 2018. topic, and the time provided will be at disposal options for opioids; (3) ADDRESSES: You may submit comments integrating packaging, storage, and the discretion of the session chair. Streaming Webcast of the Public as follows. Please note that late, disposal options into existing health untimely filed comments will not be care and pharmacy systems, including Workshop: This public workshop will also be webcast. Additional information considered. Electronic comments must both open and closed health care be submitted on or before January 2, systems (e.g., a closed system such as will be made available regarding accessing the webcast 2 days prior to the 2018. The https://www.regulations.gov the U.S. Department of Veterans electronic filing system will accept Affairs); (4) data needs and how to public workshop at https:// www.fda.gov/Drugs/NewsEvents/ comments until midnight Eastern Time address challenges in assessing the at the end of January 2, 2018. Comments impact of packaging, storage, and ucm571797.htm. Transcripts: Please be advised that as received by mail/hand delivery/courier disposal options in both the premarket (for written/paper submissions) will be and postmarket settings; and (5) ways in soon as a transcript of the public workshop is available, it will be considered timely if they are which FDA could encourage the postmarked or the delivery service development and assessment of accessible at https:// www.regulations.gov. It may be viewed acceptance receipt is on or before that packaging, storage, and disposal options date. for opioids that have the potential to at the Dockets Management Staff (see enhance opioid safety. ADDRESSES). A link to the transcript will Electronic Submissions also be available on the internet at Participants will include individuals https://www.fda.gov/Drugs/NewsEvents/ Submit electronic comments in the from a broad set of Federal, State, and ucm571797.htm. following way: private and public stakeholders who are • Federal eRulemaking Portal: working on the challenges of improving Dated: October 11, 2017. https://www.regulations.gov. Follow the pain management while addressing the Anna K. Abram, instructions for submitting comments. opioid abuse epidemic. Public Deputy Commissioner for Policy, Planning, Comments submitted electronically, participation and comment is Legislation, and Analysis. including attachments, to https:// encouraged. [FR Doc. 2017–23535 Filed 10–30–17; 8:45 am] www.regulations.gov will be posted to III. Participating in the Public BILLING CODE 4164–01–P the docket unchanged. Because your Workshop comment will be made public, you are solely responsible for ensuring that your Registration: To register for the public DEPARTMENT OF HEALTH AND comment does not include any workshop, ‘‘Packaging, Storage, and HUMAN SERVICES confidential information that you or a Disposal Options to Enhance Opioid Food and Drug Administration third party may not wish to be posted, Safety—Exploring the Path Forward,’’ such as medical information, your or please visit the following Web site to [Docket No FDA–2008–D–0610] anyone else’s Social Security number, or register: https:// confidential business information, such nakamotoevents.wufoo.com/forms/ Agency Information Collection as a manufacturing process. Please note pads-task-force-public-meeting/. Please Activities; Proposed Collection; that if you include your name, contact provide complete contact information Comment Request; Guidance for information, or other information that for each attendee, including name, title, Industry on Postmarketing Adverse identifies you in the body of your affiliation, address, email, and Event Reporting for Medical Products comments, that information will be telephone. and Dietary Supplements During an posted on https://www.regulations.gov. Registration is free and based on Influenza Pandemic • If you want to submit a comment space availability, with priority given to AGENCY: Food and Drug Administration, with confidential information that you early registrants. Persons interested in HHS. do not wish to be made available to the attending this public workshop must ACTION: Notice. public, submit the comment as a register by December 1, 2017, midnight written/paper submission and in the Eastern Time. Early registration is SUMMARY: The Food and Drug manner detailed (see ‘‘Written/Paper recommended because seating is Administration (FDA or the Agency) is Submissions’’ and ‘‘Instructions’’). limited; therefore, FDA may limit the announcing an opportunity for public number of participants from each comment on the proposed collection of Written/Paper Submissions organization. Registrants will receive certain information by the Agency. Submit written/paper submissions as confirmation when they have been Under the Paperwork Reduction Act of follows: accepted. If time and space permit, 1995 (PRA), Federal Agencies are • Mail/Hand delivery/Courier (for onsite registration on the day of the required to publish notice in the written/paper submissions): Dockets public workshop will be provided Federal Register concerning each Management Staff (HFA–305), Food and beginning at 7:30 a.m. We will let proposed collection of information, Drug Administration, 5630 Fishers registrants know if registration closes including each proposed extension of an Lane, Rm. 1061, Rockville, MD 20852. before the day of the public workshop. existing collection of information, and • For written/paper comments If you need special accommodations to allow 60 days for public comment in submitted to the Dockets Management due to a disability, please contact response to the notice. This notice Staff, FDA will post your comment, as Michelle Eby at Michelle.Eby@ solicits comments on the information well as any attachments, except for
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information submitted, marked and FOR FURTHER INFORMATION CONTACT: continuity of operations plan (COOP) identified, as confidential, if submitted Domini Bean, Office of Operations, include instructions for reporting as detailed in ‘‘Instructions.’’ Food and Drug Administration, Three adverse events, including a plan for the Instructions: All submissions received White Flint North, 10A–12M, 11601 submission of stored reports that were must include the Docket No. FDA– Landsdown St., North Bethesda, MD not submitted within regulatory 2008–D–0610 for ‘‘Agency Information 20852, 301–796–5733, PRAStaff@ timeframes. The guidance explains that Collection Activities; Proposed fda.hhs.gov. firms that are unable to fulfill normal Collection; Comment Request; Guidance SUPPLEMENTARY INFORMATION: Under the adverse event reporting requirements for Industry on Postmarketing Adverse PRA (44 U.S.C. 3501–3520), Federal during an influenza pandemic should: Event Reporting for Medical Products Agencies must obtain approval from the (1) Maintain documentation of the and Dietary Supplements During an Office of Management and Budget conditions that prevent them from Influenza Pandemic.’’ Received (OMB) for each collection of meeting normal reporting requirements; comments, those filed in a timely information they conduct or sponsor. (2) notify the appropriate FDA manner (see ADDRESSES), will be placed ‘‘Collection of information’’ is defined organizational unit responsible for in the docket and, except for those in 44 U.S.C. 3502(3) and 5 CFR adverse event reporting compliance submitted as ‘‘Confidential 1320.3(c) and includes Agency requests when the conditions exist and when the Submissions,’’ publicly viewable at or requirements that members of the reporting process is restored; and (3) https://www.regulations.gov or at the public submit reports, keep records, or Dockets Management Staff between 9 maintain records to identify what provide information to a third party. reports have been stored. a.m. and 4 p.m., Monday through Section 3506(c)(2)(A) of the PRA (44 Based on the number of Friday. U.S.C. 3506(c)(2)(A)) requires Federal • Confidential Submissions—To Agencies to provide a 60-day notice in manufacturers that would be covered by submit a comment with confidential the Federal Register concerning each the guidance, we estimate that information that you do not wish to be proposed collection of information, approximately 5,000 firms will add the made publicly available, submit your including each proposed extension of an following to their COOP: (1) Instructions comments only as a written/paper existing collection of information, for reporting adverse events and (2) a submission. You should submit two before submitting the collection to OMB plan for submitting stored reports that copies total. One copy will include the for approval. To comply with this were not submitted within regulatory information you claim to be confidential requirement, FDA is publishing notice timeframes. We estimate that each firm with a heading or cover note that states of the proposed collection of will take approximately 50 hours to ‘‘THIS DOCUMENT CONTAINS information set forth in this document. prepare the adverse event reporting plan CONFIDENTIAL INFORMATION.’’ The With respect to the following for its COOP. Agency will review this copy, including collection of information, FDA invites the claimed confidential information, in We estimate that approximately 500 comments on these topics: (1) Whether firms will be unable to fulfill normal its consideration of comments. The the proposed collection of information second copy, which will have the adverse event reporting requirements is necessary for the proper performance because of conditions caused by an claimed confidential information of FDA’s functions, including whether redacted/blacked out, will be available influenza pandemic and that these firms the information will have practical will notify the appropriate FDA for public viewing and posted on utility; (2) the accuracy of FDA’s https://www.regulations.gov. Submit organizational unit responsible for estimate of the burden of the proposed adverse event reporting compliance both copies to the Dockets Management collection of information, including the Staff. If you do not wish your name and when the conditions exist. Although we validity of the methodology and do not anticipate such pandemic contact information to be made publicly assumptions used; (3) ways to enhance available, you can provide this influenza conditions to occur every the quality, utility, and clarity of the year, for purposes of the PRA, we information on the cover sheet and not information to be collected; and (4) in the body of your comments and you estimate that each of these firms will ways to minimize the burden of the notify FDA approximately once each must identify this information as collection of information on ‘‘confidential.’’ Any information marked year and that each notification will take respondents, including through the use as ‘‘confidential’’ will not be disclosed approximately 8 hours to prepare and of automated collection techniques, except in accordance with 21 CFR 10.20 submit. when appropriate, and other forms of and other applicable disclosure law. For information technology. Concerning the recommendation in more information about FDA’s posting the guidance that firms unable to fulfill of comments to public dockets, see 80 Guidance for Industry on normal adverse event reporting FR 56469, September 18, 2015, or access Postmarketing Adverse Event Reporting requirements maintain documentation the information at: https://www.gpo.gov/ for Medical Products and Dietary of the conditions that prevent them from fdsys/pkg/FR-2015-09-18/pdf/2015- Supplements During an Influenza meeting these requirements and also 23389.pdf. Pandemic maintain records to identify what Docket: For access to the docket to adverse event reports have been stored read background documents or the OMB Control Number 0910–0701— and when the reporting process is electronic and written/paper comments Extension restored, we estimate that received, go to https:// This information collection supports www.regulations.gov and insert the the above captioned Agency guidance. approximately 500 firms will each need docket number, found in brackets in the The guidance includes approximately 8 hours to maintain the heading of this document, into the recommendations for planning, documentation and that approximately ‘‘Search’’ box and follow the prompts notification, and documentation for 500 firms will each need approximately and/or go to the Dockets Management firms that report postmarketing adverse 8 hours to maintain the records. Staff, 5630 Fishers Lane, Rm. 1061, events. The guidance recommends that We therefore estimate the burden of Rockville, MD 20852. each firm’s pandemic influenza the collection of information as follows:
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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of Average Type of reporting Number of responses per Total annual burden per Total hours respondents respondent responses response
Notify FDA when normal reporting is not feasible ...... 500 1 500 8 4,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of Type of recordkeeping Number of records per Total annual Hours per Total hours recordkeepers recordkeeper records record
Add adverse event reporting plan to COOP ...... 5,000 1 5,000 50 250,000 Maintain documentation of influenza pandemic conditions and resultant high absenteeism ...... 500 1 500 8 4,000 Maintain records to identify what reports have been stored and when the reporting process was restored ...... 500 1 500 8 4,000
Total ...... 258,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on our experience with the framework for discussion of how the comments, that information will be information collection we have retained aims of a trial relate to the proposed posted on https://www.regulations.gov. our current burden estimate of 258,000 statistical analysis. Concerning • If you want to submit a comment hours annually. sensitivity analysis, it discusses how to with confidential information that you Dated: October 26, 2017. use additional analyses to address do not wish to be made available to the Anna K. Abram, concerns about the validity of public, submit the comment as a assumptions underlying the main written/paper submission and in the Deputy Commissioner for Policy, Planning, Legislation, and Analysis. analysis. The draft guidance is intended manner detailed (see ‘‘Written/Paper to better align the choice of statistical Submissions’’ and ‘‘Instructions’’). [FR Doc. 2017–23659 Filed 10–30–17; 8:45 am] methods with questions of regulatory BILLING CODE 4164–01–P Written/Paper Submissions importance and to improve the reliability of decisions about and Submit written/paper submissions as follows: DEPARTMENT OF HEALTH AND representations of the effects of medical • Mail/Hand delivery/Courier (for HUMAN SERVICES products. DATES: Submit either electronic or written/paper submissions): Dockets Food and Drug Administration written comments on the draft guidance Management Staff (HFA–305), Food and by April 30, 2018 to ensure that the Drug Administration, 5630 Fishers [Docket No. FDA–2017–D–6113] Agency considers your comment on this Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments E9(R1) Statistical Principles for Clinical draft guidance before it begins work on the final version of the guidance. submitted to the Dockets Management Trials: Addendum: Estimands and Staff, FDA will post your comment, as Sensitivity Analysis in Clinical Trials; ADDRESSES: You may submit comments on any guidance at any time as follows: well as any attachments, except for International Council for information submitted, marked and Harmonisation; Draft Guidance for Electronic Submissions identified, as confidential, if submitted Industry; Availability Submit electronic comments in the as detailed in ‘‘Instructions.’’ AGENCY: Food and Drug Administration, following way: Instructions: All submissions received HHS. • Federal eRulemaking Portal: must include the Docket No. FDA– ACTION: Notice of availability. https://www.regulations.gov. Follow the 2017–D–6113 for ‘‘E9(R1) Statistical instructions for submitting comments. Principles for Clinical Trials: SUMMARY: The Food and Drug Comments submitted electronically, Addendum: Estimands and Sensitivity Administration (FDA or Agency) is including attachments, to https:// Analysis in Clinical Trials; International announcing the availability of a draft www.regulations.gov will be posted to Council for Harmonisation; Guidance guidance entitled ‘‘E9(R1) Statistical the docket unchanged. Because your for Industry; Availability.’’ Received Principles for Clinical Trials: comment will be made public, you are comments will be placed in the docket Addendum: Estimands and Sensitivity solely responsible for ensuring that your and, except for those submitted as Analysis in Clinical Trials.’’ The draft comment does not include any ‘‘Confidential Submissions,’’ publicly guidance was prepared under the confidential information that you or a viewable at https://www.regulations.gov auspices of the International Council for third party may not wish to be posted, or at the Dockets Management Staff Harmonisation (ICH), formerly the such as medical information, your or office between 9 a.m. and 4 p.m., International Conference on anyone else’s Social Security number, or Monday through Friday. Harmonisation. The draft guidance confidential business information, such • Confidential Submissions—To clarifies, updates, and extends the as a manufacturing process. Please note submit a comment with confidential earlier ‘‘E9 Statistical Principles for that if you include your name, contact information that you do not wish to be Clinical Trials’’ in two main areas. information, or other information that made publicly available, submit your Concerning estimands, it provides a identifies you in the body of your comments only as a written/paper
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submission. You should submit two Regarding the guidance: Thomas The ICH Assembly is the overarching copies total. One copy will include the Permutt, Center for Drug Evaluation and body of the Association and includes information you claim to be confidential Research, Food and Drug representatives from each of the ICH with a heading or cover note that states Administration, 10903 New Hampshire members and observers. The Assembly ‘‘THIS DOCUMENT CONTAINS Ave., Bldg. 21, Rm. 3614, Silver Spring, is responsible for the endorsement of CONFIDENTIAL INFORMATION.’’ The MD 20993–0002, 301–796–1271; or John draft guidelines and adoption of final Agency will review this copy, including Scott, Center for Biologics Evaluation guidelines. FDA publishes ICH the claimed confidential information, in and Research, Food and Drug guidelines as FDA guidance. its consideration of comments. The Administration, 10903 New Hampshire second copy, which will have the Ave., Bldg. 71, Rm. 1018, Silver Spring, In July 2017, the ICH Assembly claimed confidential information MD 20993–0002, 240–402–8779. endorsed the draft guideline entitled redacted/blacked out, will be available Regarding the ICH: Amanda Roache, ‘‘E9(R1) Statistical Principles for for public viewing and posted on Center for Drug Evaluation and Clinical Trials: Addendum: Estimands https://www.regulations.gov. Submit Research, Food and Drug and Sensitivity Analysis in Clinical both copies to the Dockets Management Administration, 10903 New Hampshire Trials’’ and agreed that the guidance Staff. If you do not wish your name and Ave., Bldg. 51, Rm. 1176, Silver Spring, should be made available for public contact information to be made publicly MD 20993–0002, 301–796–4548. comment. The draft guidance is the available, you can provide this SUPPLEMENTARY INFORMATION: product of the Efficacy Expert Working information on the cover sheet and not Group of the ICH. Comments about this in the body of your comments and you I. Background draft will be considered by FDA and the must identify this information as In recent years, regulatory authorities Efficacy Expert Working Group. ‘‘confidential.’’ Any information marked and industry associations from around The draft guidance provides guidance as ‘‘confidential’’ will not be disclosed the world have participated in many on aligning the choice of statistical except in accordance with 21 CFR 10.20 important initiatives to promote methods with the goals of a clinical and other applicable disclosure law. For international harmonization of trial; on communicating the rationale for more information about FDA’s posting regulatory requirements under the ICH. such choices to FDA; and on using of comments to public dockets, see 80 FDA has participated in several ICH FR 56469, September 18, 2015, or access sensitivity analysis to characterize the meetings designed to enhance robustness of the conclusions to the information at: https://www.gpo.gov/ harmonization, and FDA is committed plausible deviations from the fdsys/pkg/FR-2015-09-18/pdf/2015- to seeking scientifically based assumptions of the main analysis. 23389.pdf. harmonized technical procedures for Docket: For access to the docket to pharmaceutical development. One of This draft guidance is being issued read background documents or the the goals of harmonization is to identify consistent with FDA’s good guidance electronic and written/paper comments and reduce differences in technical practices regulation (21 CFR 10.115). received, go to https:// requirements for drug development The draft guidance, when finalized, will www.regulations.gov and insert the among regulatory agencies. represent the current thinking of FDA docket number, found in brackets in the ICH was established to provide an on ‘‘E9(R1) Statistical Principles for heading of this document, into the opportunity for harmonization Clinical Trials: Addendum: Estimands ‘‘Search’’ box and follow the prompts initiatives to be developed with input and Sensitivity Analysis in Clinical and/or go to the Dockets Management from both regulatory and industry Trials.’’ It does not establish any rights Staff, 5630 Fishers Lane, Rm. 1061, representatives. FDA also seeks input for any person and is not binding on Rockville, MD 20852. from consumer representatives and FDA or the public. You can use an You may submit comments on any others. ICH is concerned with alternative approach if it satisfies the guidance at any time (see 21 CFR harmonization of technical requirements of the applicable statutes 10.115(g)(5)). requirements for the registration of and regulations. This guidance is not Submit written requests for single pharmaceutical products for human use subject to Executive Order 12866. copies of this guidance to the Division among regulators around the world. The of Drug Information, Center for Drug six founding members of the ICH are the II. Electronic Access European Commission; the European Evaluation and Research, Food and Persons with access to the internet Drug Administration, 10001 New Federation of Pharmaceutical Industries Associations; FDA; the Japanese may obtain the document at https:// Hampshire Ave., Hillandale Building, www.regulations.gov, https:// 4th Floor, Silver Spring, MD 20993– Ministry of Health, Labour, and Welfare; the Japanese Pharmaceutical www.fda.gov/Drugs/Guidance 0002, or the Office of Communication, ComplianceRegulatoryInformation/ Outreach and Development, Center for Manufacturers Association; and the Guidances/default.htm, or https:// Biologics Evaluation and Research Pharmaceutical Research and www.fda.gov/BiologicsBloodVaccines/ (CBER), Food and Drug Administration, Manufacturers of America. The 10903 New Hampshire Ave., Bldg. 71, Standing Members of the ICH GuidanceComplianceRegulatory Rm. 3128, Silver Spring, MD 20993– Association include Health Canada and Information/Guidances/default.htm. 0002. Send one self-addressed adhesive Swissmedic. Any party eligible as a Dated: October 26, 2017. label to assist that office in processing Member in accordance with the ICH Articles of Association can apply for Anna K. Abram, your requests. The guidance may also be Deputy Commissioner for Policy, Planning, obtained by mail by calling CBER at 1– membership in writing to the ICH Secretariat. The ICH Secretariat, which Legislation, and Analysis. 800–835–4709 or 240–402–8010. See [FR Doc. 2017–23613 Filed 10–30–17; 8:45 am] the SUPPLEMENTARY INFORMATION section coordinates the preparation of for electronic access to the guidance documentation, operates as an BILLING CODE 4164–01–P document. international nonprofit organization and is funded by the Members of the ICH FOR FURTHER INFORMATION CONTACT: Association.
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Place: National Institutes of Health, Room HUMAN SERVICES HUMAN SERVICES ID13, 5601 Fishers Lane, Bethesda, MD 20892. Health Resources and Services National Institutes of Health Open: 1:00 p.m. to 4:30 p.m. Agenda: Update from the National Heart, Administration Office of the Director, National Lung, and Blood Institute on the merger of Institutes of Health; Notice of Meeting the MACS and WIHS, and updates on HIV/ National Advisory Committee on Rural AIDS Research Activities from the Eunice Health and Human Services Pursuant to section 10(d) of the Kennedy Shriver National Institute of Child Federal Advisory Committee Act, as Health and Human Development and the AGENCY: Health Resources and Service amended, notice is hereby given of a National Institute on Aging. Administration (HRSA), Department of meeting of the Office of AIDS Research Place: National Institutes of Health Room Health and Human Services (HHS). ID13, 5601 Fishers Lane, Bethesda, MD Advisory Council. 20892. The meeting will be open to the ACTION: Notice of charter renewal. Contact Person: Elizabeth S. Church, Ph.D., public as indicated below, with Executive Secretary , Office of AIDS attendance limited to space available. Research, DPCPSI, Office of the Director, SUMMARY: HHS is hereby giving notice Individuals who plan to attend and 5601 Fishers Lane, Room 2E–60, Rockville, that the charter for the National need special assistance, such as sign MD 20852–9830, 240–627–3201, Advisory Committee on Rural Health language interpretation or other [email protected]. and Human Services (NACRHHS) has reasonable accommodations, should Any interested person may file written been renewed. The effective date of the notify the Contact Person listed below comments with the committee by forwarding renewed charter is October 31, 2017. in advance of the meeting. the statement to the Contact Person listed on The meeting will be closed to the this notice. The statement should include the FOR FURTHER INFORMATION CONTACT: Paul public in accordance with the name, address, telephone number and when Moore, Designate Federal Official, provisions set forth in section applicable, the business or professional NACRHHS, HRSA, 5600 Fishers Lane, affiliation of the interested person. 552b(c)(9)(B), Title 5 U.S.C., as Information is also available on the Room 17W41C, Rockville, Maryland amended, for the review of 20857, telephone (301) 443–0835, fax Institute’s/Center’s home page: recommendations for the HHS www.oar.nih.gov, where an agenda and any (301) 443–2803 or by email at pmoore2@ Treatment and Prevention Guidelines additional information for the meeting will hrsa.gov. for medical care of people living with be posted when available. SUPPLEMENTARY INFORMATION: HIV in the United States. (Catalogue of Federal Domestic Assistance NACRHHS provides advice to the Recommendations made from the Program Nos. 93.14, Intramural Research Secretary concerning the provision and working group to the OARAC will Training Award; 93.22, Clinical Research include drug names, treatment Loan Repayment Program for Individuals financing of health care and human from Disadvantaged Backgrounds; 93.232, services in rural areas. The current regimens, and prevention modalities to be used for the clinical care of PLWHA. Loan Repayment Program for Research Committee was established under Generally; 93.39, Academic Research The Council may revise the draft Section 222 of the Public Health Service Enhancement Award; 93.936, NIH Acquired guidelines and change the content or Immunodeficiency Syndrome Research Loan Act, as amended, 42 U.S.C. 217a. In scope of treatment and prevention for accordance with Public Law 92–463, it Repayment Program; 93.187, Undergraduate HIV/AIDS as recommended in the final Scholarship Program for Individuals from was chartered on October 30, 1987, has guidelines. Premature disclosure of draft Disadvantaged Backgrounds, National been renewed at appropriate intervals, guidelines in an open meeting could Institutes of Health, HHS) and will operate until October 31, 2019. negatively impact health and safety due Dated: October 26, 2017. The Committee will continue to operate to the premature disclosure of Natasha M. Copeland, in accordance with the provisions of the information to medical providers and Federal Advisory Committee Act Program Analyst, Office of Federal Advisory the public. Draft guidelines could be Committee Policy. (FACA). misunderstood and confuse medical [FR Doc. 2017–23641 Filed 10–30–17; 8:45 am] providers and the public as to what is A copy of the NACRHHS charter is BILLING CODE 4140–01–P available on the NACRHHS Web site at the current HHS guidelines for the https://www.hrsa.gov/ treatment and prevention of HIV/AIDS, advisorycommittees/rural/. A copy of could lead to premature changes in DEPARTMENT OF HEALTH AND the charter is also available on the treatment regimens and prevention HUMAN SERVICES FACA database that is maintained by modalities that affect the health and the Committee Management Secretariat safety of PLWHA and the public. National Institutes of Health Name of Committee: Office of AIDS under the General Services Center for Scientific Review; Notice of Administration. The Web site for the Research Advisory Council. Date: November 16, 2017. Closed Meetings FACA database is http:// Open: 8:30 a.m. to 12:00 p.m. www.facadatabase.gov/. Agenda: OAR Director’s Report, updates Pursuant to section 10(d) of the from the DHHS HIV Treatment and Federal Advisory Committee Act, as Amy McNulty, Prevention Guidelines, OAR Task Force on amended, notice is hereby given of the Acting Director, Division of the Executive Cost Sharing, and plans for the Clinical Trials following meetings. Secretariat. Networks from the National Institute of The meetings will be closed to the [FR Doc. 2017–23562 Filed 10–30–17; 8:45 am] Allergy and Infectious Diseases. public in accordance with the Place: National Institutes of Health, Room BILLING CODE 4165–15–P provisions set forth in sections ID13, 5601 Fishers Lane, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 20892. Closed: 12:30 p.m. to 1:00 p.m. as amended. The grant applications and Agenda: To evaluate and review the discussions could disclose recommendations for the HHS Treatment and confidential trade secrets or commercial Prevention Guidelines. property such as patentable material,
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and personal information concerning Name of Committee: Center for Scientific Dated: October 25, 2017. individuals associated with the grant Review Special Emphasis Panel; Natasha M. Copeland, Fellowships: Cancer Immunology and applications, the disclosure of which Program Analyst, Office of Federal Advisory Immunotherapy. would constitute a clearly unwarranted Committee Policy. invasion of personal privacy. Date: November 29, 2017. Time: 10:00 a.m. to 6:00 p.m. [FR Doc. 2017–23637 Filed 10–30–17; 8:45 am] Name of Committee: Center for Scientific Agenda: To review and evaluate grant BILLING CODE 4140–01–P Review Special Emphasis Panel; Member applications. Conflict: Language and Cognition. Place: National Institutes of Health, 6701 Date: November 17, 2017. Rockledge Drive, Bethesda, MD 20892 DEPARTMENT OF HEALTH AND Time: 11:00 a.m. to 2:00 p.m. (Virtual Meeting). HUMAN SERVICES Agenda: To review and evaluate grant Contact Person: Charles Selden, Ph.D., applications. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 National Institutes of Health Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5187, National Institute of Allergy and Contact Person: Samantha Smith, Ph.D., MSC 7840, Bethesda, MD 20892, 301–451– Infectious Diseases; Notice of Closed Scientific Review Officer, Center for 3388, [email protected]. Meeting Scientific Review, National Institutes of Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3170, Review Special Emphasis Panel; Member Pursuant to section 10(d) of the Bethesda, MD 20892, 301–827–5491, Conflict: Interdisciplinary Molecular Federal Advisory Committee Act, as [email protected]. Sciences and Training. amended, notice is hereby given of the This notice is being published less than 15 Date: November 29, 2017. days prior to the meeting due to the timing Time: 11:00 a.m. to 2:00 p.m. following meeting. limitations imposed by the review and Agenda: To review and evaluate grant The meeting will be closed to the funding cycle. applications. public in accordance with the Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 provisions set forth in sections Review Special Emphasis Panel; Member Rockledge Drive, Bethesda, MD 20892 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Telephone Conference Call). Conflict: AIDS and AIDS Related Research. as amended. The grant applications and Date: November 22, 2017. Contact Person: Alexander Gubin, Ph.D., Time: 12:00 p.m. to 5:00 p.m. Scientific Review Officer, Center for the discussions could disclose Agenda: To review and evaluate grant Scientific Review, National Institutes of confidential trade secrets or commercial applications and/or proposals. Health, 6701 Rockledge Drive, Room 6046B, property such as patentable material, Place: National Institutes of Health, 6701 MSC 7892, Bethesda, MD 20892, 301–408– and personal information concerning Rockledge Drive, Bethesda, MD 20892 9655, [email protected]. individuals associated with the grant (Telephone Conference Call). Name of Committee: Center for Scientific applications, the disclosure of which Contact Person: Jose H. Guerrier, Ph.D., Review Special Emphasis Panel; Member Scientific Review Officer, Center for would constitute a clearly unwarranted Conflict: Retinopathies and Viral Eye invasion of personal privacy. Scientific Review, National Institutes of Infections. Health, 6701 Rockledge Drive, Room 5218, Date: November 29, 2017. Name of Committee: National Institute of MSC 7852, Bethesda, MD 20892, 301–435– Time: 11:45 a.m. to 4:00 p.m. Allergy and Infectious Diseases Special 1137, [email protected]. Agenda: To review and evaluate grant Emphasis Panel; NIAID Clinical Trial Name of Committee: Center for Scientific applications. Implementation Grant (R01). Review Special Emphasis Panel; PAR–17– Place: National Institutes of Health, 6701 Date: November 20, 2017. 144: Limited Competition: National Primate Rockledge Drive, Bethesda, MD 20892 Time: 11:00 a.m. to 1:00 p.m. Research Centers (P51). (Telephone Conference Call). Agenda: To review and evaluate grant Date: November 28–30, 2017. Contact Person: Alessandra C. Rovescalli, applications. Time: 8:00 a.m. to 5:00 p.m. Ph.D., Scientific Review Officer, National Place: National Institutes of Health, 5601 Agenda: To review and evaluate grant Institutes of Health, Center for Scientific Fishers Lane, Rockville, MD 20892 applications. Review, 6701 Rockledge Drive, Rm 5205 Place: Embassy Suites by Hilton MSC7846, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Sacramento Riverfront, 100 Capitol Mall, 1021, [email protected]. Contact Person: Jay R. Radke, Ph.D., Sacramento, CA 95814. Scientific Review Officer, Scientific Review Name of Committee: Center for Scientific Contact Person: Maribeth Champoux, Review Special Emphasis Panel; APOE2 and Program, Division of Extramural Activities, Ph.D., Scientific Review Officer, Center for Room #3G11B, National Institutes of Health, Scientific Review, National Institutes of Alzheimer’s Disease. Date: November 29, 2017. NIAID, 5601 Fishers Lane MSC–9823, Health, 6701 Rockledge Drive, Room 3170, Bethesda, MD 20892–9823, (240) 669–5046, MSC 7848, Bethesda, MD 20892, 301–594– Time: 1:00 p.m. to 3:30 p.m. [email protected]. 3163, [email protected]. Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Lasker Program Nos. 93.855, Allergy, Immunology, Rockledge Drive, Bethesda, MD 20892 Clinical Research Scholars Program. and Transplantation Research; 93.856, (Telephone Conference Call). Date: November 28, 2017. Microbiology and Infectious Diseases Contact Person: Carol Hamelink, Ph.D., Time: 1:00 p.m. to 5:00 p.m. Research, National Institutes of Health, HHS) Agenda: To review and evaluate grant Scientific Review Officer, Center for Dated: October 25, 2017. applications. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4192, Natasha M. Copeland, MSC 7850, Bethesda, MD 20892, (301) 213– Rockledge Drive, Bethesda, MD 20892 Program Analyst, Office of Federal Advisory 9887, [email protected]. (Telephone Conference Call). Committee Policy. (Catalogue of Federal Domestic Assistance Contact Person: Abdelouahab Aitouche, [FR Doc. 2017–23640 Filed 10–30–17; 8:45 am] Ph.D., Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 4222, 93.337, 93.393–93.396, 93.837–93.844, MSC 7814, Bethesda, MD 20892, 301–435– 93.846–93.878, 93.892, 93.893, National 2365, [email protected]. Institutes of Health, HHS)
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DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific Diseases, Reproductive Health, Asthma and HUMAN SERVICES Review Special Emphasis Panel; Topics in Pulmonary Conditions: Small Grant Virology. Mechanisms. National Institutes of Health Date: December 4, 2017. Date: November 14, 2017. Time: 10:00 a.m. to 5:00 p.m. Time: 8:30 a.m. to 6:00 p.m. Center for Scientific Review; Notice of Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. Closed Meetings Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 Rockledge Drive, Bethesda, MD 20892 Pursuant to section 10(d) of the (Virtual Meeting). (Virtual Meeting). Federal Advisory Committee Act, as Contact Person: Neerja Kaushik-Basu, Contact Person: Lisa Steele, Ph.D., amended, notice is hereby given of the Ph.D., Scientific Review Officer, Center for Scientific Review Officer, PSE IRG, Center for following meetings. Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3198, Health, 6701 Rockledge Drive, Room 3139, The meetings will be closed to the MSC 7808, Bethesda, MD 20892, (301)435– MSC 7770, Bethesda, MD 20892, 301–594– public in accordance with the 2306, [email protected]. 6594, [email protected]. provisions set forth in sections Name of Committee: Center for Scientific This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel; Member days prior to the meeting due to the timing as amended. The grant applications and Conflict: Topics in Virology. limitations imposed by the review and the discussions could disclose Date: December 4, 2017. funding cycle. confidential trade secrets or commercial Time: 10:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific property such as patentable material, Agenda: To review and evaluate grant Review Special Emphasis Panel; PAR Panel: applications. Mechanisms of Disparities in Chronic Liver and personal information concerning Place: National Institutes of Health, 6701 individuals associated with the grant Diseases and Cancer. Rockledge Drive, Bethesda, MD 20892 Date: November 15, 2017. applications, the disclosure of which (Virtual Meeting). Time: 11:00 a.m. to 5:00 p.m. would constitute a clearly unwarranted Contact Person: Susan Daum, Ph.D., Agenda: To review and evaluate grant invasion of personal privacy. Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Health, 6701 Rockledge Dr., Room 3202, Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; Small Bethesda, MD 20892, 301–827–7233, Business: Musculoskeletal Rehabilitation (Virtual Meeting). [email protected]. Contact Person: Suzanne Ryan, Ph.D., Sciences. (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Date: December 1, 2017. Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of Time: 10:00 a.m. to 4:00 p.m. 93.333, Clinical Research, 93.306, 93.333, Health, 6701 Rockledge Drive, Room 3139, Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, MSC 7770, Bethesda, MD 20892, (301) 435– applications. 93.846–93.878, 93.892, 93.893, National 1712, [email protected]. Place: National Institutes of Health, 6701 Institutes of Health, HHS) Rockledge Drive, Bethesda, MD 20892. This notice is being published less than 15 days prior to the meeting due to the timing Contact Person: Maria Nurminskaya, Ph.D., Dated: October 26, 2017. limitations imposed by the review and Scientific Review Officer, Center for Melanie J. Pantoja, funding cycle. Scientific Review, National Institutes of Program Analyst, Office of Federal Advisory Name of Committee: Center for Scientific Health, Bethesda, MD 20892, (301) 435–1222, Committee Policy. [email protected]. Review Special Emphasis Panel; PAR Panel: [FR Doc. 2017–23639 Filed 10–30–17; 8:45 am] Role of Myeloid Cells in Persistence and Name of Committee: Center for Scientific BILLING CODE 4140–01–P Eradication of HIV–1 Reservoirs from the Review Special Emphasis Panel; Member Brain. Conflict: Neurodevelopment. Date: November 29, 2017. Date: December 1, 2017. DEPARTMENT OF HEALTH AND Time: 8:00 a.m. to 5:30 p.m. Time: 12:00 p.m. to 3:00 p.m. HUMAN SERVICES Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications National Institutes of Health Place: Renaissance Mayflower Hotel, 1127 Place: National Institutes of Health, 6701 Connecticut Avenue NW., Washington, DC Rockledge Drive, Bethesda, MD 20892 Center for Scientific Review; Notice of 20036. (Telephone Conference Call). Closed Meetings Contact Person: Dimitrios Nikolaos Contact Person: Afia Sultana, Ph.D., Vatakis, Ph.D., Scientific Review Officer, Scientific Review Officer, National Institutes Pursuant to section 10(d) of the Center for Scientific Review, National of Health, Center for Scientific Review, 6701 Federal Advisory Committee Act, as Institutes of Health, 6701 Rockledge Drive, Rockledge Drive, Room 4189, Bethesda, MD amended, notice is hereby given of the Room 3190, Bethesda, MD 20892, 301–827– 20892, (301) 827–7083, sultanaa@ 7480. mail.nih.gov. following meetings. The meetings will be closed to the Name of Committee: Center for Scientific Name of Committee: Center for Scientific public in accordance with the Review Special Emphasis Panel; PAR 16– Review Special Emphasis Panel; Cancer provisions set forth in sections 333: Metabolic Contributions to the Health Disparities PAR Review. Neurocognitive Complications of Diabetes Date: December 4–5, 2017. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (R01). Time: 8:00 a.m. to 4:00 p.m. as amended. The grant applications and Date: November 30, 2017. Agenda: To review and evaluate grant the discussions could disclose Time: 1:00 p.m. to 2:30 p.m. applications. confidential trade secrets or commercial Agenda: To review and evaluate grant Place: Embassy Suites at the Chevy Chase property such as patentable material, applications. Pavilion, 4300 Military Road NW., and personal information concerning Place: National Institutes of Health, 6701 Washington, DC 20015. individuals associated with the grant Rockledge Drive, Bethesda, MD 20892 Contact Person: Ola Mae Zack Howard, applications, the disclosure of which (Telephone Conference Call). Ph.D., Scientific Review Officer, Center for would constitute a clearly unwarranted Contact Person: Hui Chen, MD, Scientific Scientific Review, National Institutes of Review Officer, Center for Scientific Review, Health, 6701 Rockledge Drive, Room 4192, invasion of personal privacy. National Institutes of Health, 6701 Rockledge MSC 7806, Bethesda, MD 20892, 301–451– Name of Committee: Center for Scientific Drive, Room 6164, Bethesda, MD 20892, 301– 4467, [email protected]. Review Special Emphasis Panel; Infectious 435–1044, [email protected].
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Name of Committee: Center for Scientific or email Commander Loan T. O’Brien, Dated: October 25, 2017. Review Special Emphasis Panel; Small U.S. Coast Guard; telephone 409–723– Jaqueline Twomey, Business: HIV/AIDS Innovative Research 6564, email, Loan.T.O’[email protected]. Captain, U.S. Coast Guard, Captain of the Applications. Port, Port Arthur. Date: November 30, 2017. SUPPLEMENTARY INFORMATION: The Coast [FR Doc. 2017–23578 Filed 10–30–17; 8:45 am] Time: 1:00 p.m. to 4:00 p.m. Guard is extending the comment period Agenda: To review and evaluate grant on the request for comments entitled BILLING CODE 9110–04–P applications. Place: National Institutes of Health, 6701 ‘‘Waterway Suitability Assessment for Operation of Liquefied Hazardous Gas Rockledge Drive, Bethesda, MD 20892 DEPARTMENT OF HOUSING AND (Virtual Meeting). Terminal; Port Arthur, TX’’ that we URBAN DEVELOPMENT Contact Person: Mark P. Rubert, Ph.D., published in the Federal Register on Scientific Review Officer, Center for August 14, 2017 (82 FR 37887). We are [Docket No. FR–6062–N–01] Scientific Review, National Institutes of extending the comment period by 30 Health, 6701 Rockledge Drive, Room 5218, days to allow interested persons more Notice of HUD-Held Multifamily Loan MSC 7852, Bethesda, MD 20892, 301–435– Sale (MLS 2018–1) 1775, [email protected]. time to comment. You may not submit (Catalogue of Federal Domestic Assistance comments through November 30, 2017. AGENCY: Office of the Assistant Program Nos. 93.306, Comparative Medicine; Public Participation and Request for Secretary for Housing—Federal Housing 93.333, Clinical Research, 93.306, 93.333, Commissioner, HUD. 93.337, 93.393–93.396, 93.837–93.844, Comments 93.846–93.878, 93.892, 93.893, National ACTION: Notice of sale of two Institutes of Health, HHS) We encourage you to submit multifamily mortgage loans. comments and related material in Dated: October 26, 2017. response to this notice through the SUMMARY: This notice announces HUD’s Melanie J. Pantoja, Federal eRulemaking Portal at http:// intention to sell two unsubsidized Program Analyst, Office of Federal Advisory www.regulations.gov. We will consider multifamily mortgage loans, without Committee Policy. all submissions and may adjust our final Federal Housing Administration (FHA) [FR Doc. 2017–23638 Filed 10–30–17; 8:45 am] action based on your comments. If you insurance, in a competitive, sealed bid BILLING CODE 4140–01–P sale on or about November 8, 2017 (MLS submit a comment, please include the 2018–1 or Loan Sale). This notice also docket number for this notice, indicate describes generally the bidding process the specific section of this document to DEPARTMENT OF HOMELAND for the sale and certain persons who are which each comment applies, and SECURITY ineligible to bid. provide a reason for each suggestion or DATES: A Bidder’s Information Package recommendation. Coast Guard (BIP) was made available on October 11, [Docket No. USCG–2017–0194] If your material cannot be submitted 2017 on the HUD Web site at using http://www.regulations.gov, www.hud.gov/fhaloansales. Bids for the Waterway Suitability Assessment for contact the person in the FOR FURTHER loans must be submitted on the bid date, Operation of Liquefied Hazardous Gas INFORMATION CONTACT section of this which is currently scheduled for Terminal; Port Arthur, TX document for alternate instructions. November 8, 2017 between certain Documents mentioned in this notice, specified hours. HUD anticipates that an AGENCY: Coast Guard, DHS. and all public comments, are in our award or awards will be made on or ACTION: Request for comments; online docket at http:// before November 9, 2017. Closing is extension of comment period. www.regulations.gov and can be viewed expected to take place between SUMMARY: We are extending the by following that Web site’s November 17, 2017 and November 20, comment period on the subject request instructions. Additionally, if you go to 2017. for comments that we published August the online docket and sign up for email ADDRESSES: To become a qualified 14, 2017. We are extending the deadline alerts, you will be notified when bidder and receive the BIP, prospective by 30 days because interested parties comments are posted or a final rule is bidders must complete, execute, and indicated the need for additional time to published. To view comments, go to submit a Confidentiality Agreement and respond due to the effects from http://www.regulations.gov, type the a Qualification Statement acceptable to Hurricane Harvey. The comment period docket number ‘‘USCG–2017–0194’’ in HUD. Both documents will be available is now open through November 30, the ‘‘SEARCH’’ box and click on the HUD Web site at www.hud.gov/ 2017. ‘‘SEARCH.’’ Click on ‘‘Open Docket fhaloansales. Please fax or email as well DATES: Comments and related material Folder’’ on the line associated with this as mail executed original documents to must be received on or before November notice and request for comments. We JS Watkins Realty Partners, LLC: JS 30, 2017. accept anonymous comments. All Watkins Realty Partners, LLC, c/o The ADDRESSES: You may submit comments comments received will be posted Debt Exchange, 133 Federal Street, 10th identified by docket number USCG– without change to http:// Floor, Boston, MA 02111, Attention: 2017–0194 using the Federal www.regulations.gov and will include MLS 2018–1 Sale Coordinator, Fax: 1– eRulemaking Portal at http:// any personal information you have 978–967–8607, Email: mls2018-1@ www.regulations.gov. See the ‘‘Public provided. For more about privacy and debtx.com. Participation and Request for the docket, you may review a Privacy FOR FURTHER INFORMATION CONTACT: John Comments’’ portion of the Act notice regarding the Federal Docket Lucey, Director, Asset Sales Office, SUPPLEMENTARY INFORMATION section Management System in the March 24, Room 3136, U.S. Department of Housing below for further instructions on 2005, issue of the Federal Register (70 and Urban Development, 451 Seventh submitting comments. FR 15086). Street SW., Washington, DC 20410– FOR FURTHER INFORMATION CONTACT: If 8000; telephone 202–402–3927. you have questions on this notice, call Hearing- or speech-impaired individuals
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may call 202–708–4594 (TTY). These aggregate bid is less than One Hundred Bidder Eligibility are not toll-free numbers. Thousand Dollars ($100,000), the In order to bid in the sale, a SUPPLEMENTARY INFORMATION: HUD minimum deposit shall be not less than prospective bidder must complete, announces its intention to sell, in MLS fifty percent (50%) of the Bidder’s execute and submit both a 2018–1, two (2) unsubsidized first lien aggregate bid. HUD will evaluate the Confidentiality Agreement and a mortgage loans (Mortgage Loans) bids submitted and determine the Qualification Statement acceptable to secured by two multifamily properties successful bid(s) in its sole and absolute HUD. The following individuals and located in Waynesville, Missouri, and discretion. If a bidder is successful, the entities are among those INELIGIBLE to Amarillo, Texas. The Mortgage Loans bidder’s deposit will be non-refundable bid on the Mortgage Loans being sold in are non-performing mortgage loans. The and will be applied toward the purchase MLS 2018–1: listing of the Mortgage Loans is price, with any amount beyond the 1. A mortgagor, including its included in the BIP. The Mortgage purchase price being returned to the principals, affiliates, family members, Loans will be sold without FHA bidder. Deposits will be returned to and assigns, with respect to one or more insurance and with HUD servicing unsuccessful bidders after notification of the Mortgage Loans being offered in released. HUD will offer qualified to sucessful bidders on or before the Loan Sale, or an Active Shareholder bidders an opportunity to bid November 13, 2017. Closings are (as such term is defined in the competitively on the Mortgage Loans. expected to take place between Qualification Statement); Qualified bidders may submit bids on November 17, 2017 and November 20, 2. Any individual or entity, and any one or more of the Mortgage Loans. 2017. Related Party (as such term is defined in The Qualification Statement describes These are the essential terms of sale. the Qualification Statement) of such the entities/individuals that may be The Loan Sale Agreement, which is individual or entity, that is a mortgagor qualified to bid on the Mortgage Loans included in the BIP, contains additional or operator with respect to any of HUD’s if they meet certain requirements as terms and details. To ensure a multifamily and/or healthcare programs detailed in the Qualification Statement. competitive bidding process, the terms (excluding the Mortgage Loans being Some entities/individuals must meet of the bidding process and the Loan Sale offered in the Loan Sale) and that has additional requirements in order to be Agreement are not subject to failed to file financial statements or is qualified to bid, including but not negotiation. otherwise in default under such limited to: Any mortgagee/servicer who Due Diligence Review mortgage loan or is in violation or originated one or more of the Mortgage The BIP describes the due diligence noncompliance of any regulatory or Loans; a mortgagor or an operator, with process for reviewing loan files in MLS business agreements with HUD and fails respect to any HUD insured or 2018–1. Qualified bidders will be able to cure such default or violation by no subsidized mortgage loan (excluding the to access loan information remotely via later than October 25, 2017; Mortgage Loans being offered in the a high-speed Internet connection. 3. Any individual or entity that is Loan Sale) who is currently in default, Further information on performing due debarred, suspended, or excluded from violation, or noncompliance with one or diligence review of the Mortgage Loans doing business with HUD pursuant to more of HUD’s requirements or business is provided in the BIP. Title 2 of the Code of Federal agreements; and a limited partner, Regulations, Part 2424; Mortgage Loan Sale Policy nonmanaging member, investor and/or 4. Any contractor, subcontractor shareholder who owns a 1% or less HUD reserves the right to add and/or consultant or advisor (including interest in one or more of the Mortgage Mortgage Loans to or delete Mortgage any agent, employee, partner, director, Loans, or in the project securing one or Loans from MLS 2018–1 at any time principal or affiliate of any of the more of the Mortgage Loans; and any of prior to the Award Date. HUD also foregoing) who performed services for, the aforementioned entities’/ reserves the right to reject any and all or on behalf of, HUD in connection with individuals’ principals, affiliates, family bids, in whole or in part, without MLS 2018–1; members, and assigns. prejudice to HUD’s right to include the 5. Any employee of HUD, a member Interested entities/individuals who Mortgage Loans in a later sale. The of such employee’s family, or an entity fall into one of these categories should Mortgage Loans will not be withdrawn owned or controlled by any such review the Qualification Statement to after the award date except as is employee or member of such an determine whether they may be eligible specifically provided for in the Loan employee’s family; to qualify to submit a bid on the Sale Agreement. 6. Any individual or entity that uses Mortgage Loans. Other entities/ This is a sale of unsubsidized the services, directly or indirectly, of individuals not described herein may multifamily mortgage loans, pursuant to any person or entity ineligible under also be restricted from bidding on the Section 204(a) of the Departments of provisions (3) through (5) above to assist Mortgage Loans, as fully detailed in the Veterans Affairs and Housing and Urban in preparing its bid on any Mortgage Qualification Statement. Development, and Independent Loan; Agencies Appropriations Act of 1997, 7. An FHA-approved mortgagee, The Bidding Process (12 U.S.C. 1715z–11a(a)). including any principals, affiliates, or The BIP describes in detail the assigns thereof, that has received FHA procedure for bidding in MLS 2018–1. Mortgage Loan Sale Procedure insurance benefits for one or more of the The BIP also includes a standardized HUD selected a competitive sale as Mortgage Loans being offered in the non-negotiable loan sale agreement the method to sell the Mortgage Loans. Loan Sale; (Loan Sale Agreement). This method of sale optimizes HUD’s 8. An FHA-approved mortgagee As part of its bid, each bidder must return on the sale of these Mortgage and/or loan servicer, including any submit a minimum deposit of the Loans, affords the greatest opportunity principals, affiliates, or assigns thereof, greater of One Hundred Thousand for all qualified bidders to bid on the that originated one or more of the Dollars ($100,000) or ten percent (10%) Mortgage Loans, and provides the most Mortgage Loans being offered in the of the aggregate bid prices for all of such efficient vehicle for HUD to dispose of Loan Sale if the Mortgage Loan Bidder’s bids. In the event the Bidder’s the Mortgage Loans. defaulted within two years of
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origination and resulted in the payment Dated: October 26, 2017. T. 2 S., R. 16 E. of an FHA insurance claim; Dana T. Wade, Secs. 31 and 32. 9. Any affiliate, principal or employee General Deputy Assistant Secretary for Fifth Principal Meridian, South Dakota Housing. of any person or entity that, within the T. 106 N., R. 71 W. two-year period prior to November 1, [FR Doc. 2017–23677 Filed 10–30–17; 8:45 am] Sec. 13. 2017, serviced any Mortgage Loan or BILLING CODE 4210–67–P performed other services for or on A person or party who wishes to behalf of HUD; protest an official filing of a plat of 10. Any contractor or subcontractor to DEPARTMENT OF THE INTERIOR survey identified above must file a HUD that otherwise had access to written notice of protest with the BLM information concerning any Mortgage Bureau of Land Management Chief Cadastral Surveyor for Montana at Loan on behalf of HUD or provided the address listed in the ADDRESSES [LLMT926000 L19100000.BK0000 section of this notice. The notice of services to any person or entity which, LRCSEX602400 XXX MO #4500112703] within the two-year period prior to protest must identify the plat(s) of November 1, 2017, had access to Notice of Proposed Filing of Plats of survey that the person or party wishes information with respect to the Survey, South Dakota to protest. The notice of protest must be Mortgage Loan on behalf of HUD; received in the BLM Montana State AGENCY: and/or Bureau of Land Management, Office no later than the scheduled date Interior. of the proposed official filing for the 11. Any employee, officer, director or ACTION: plat(s) of survey being protested; if any other person that provides or will Notice of proposed official received after regular business hours, a provide services to the prospective filing. notice of protest will be considered filed bidder with respect to the Mortgage SUMMARY: The plats of surveys for the the next business day. A written Loans during any warranty period lands described in this notice are statement of reasons in support of the established for the Loan Sale, that scheduled to be officially filed 30 protest, if not filed with the notice of serviced the Mortgage Loans or calendar days after the date of this protest, must be filed with the BLM performed other services for or on publication in the BLM Montana State Chief Cadastral Surveyor for Montana behalf of HUD or within the two-year Office, Billings, Montana. The surveys, within 30 calendar days after the notice period prior to November 1, 2017, which were executed at the request of of protest is received. provided services to any person or the National Park Service, Midwest If a notice of protest of the plat(s) of entity which serviced, performed Regional Office, Omaha, Nebraska, and survey is received prior to the services or otherwise had access to Superintendent, Crow Creek Indian scheduled date of official filing or information with respect to any Reservation, Ft. Thompson, South during the 10 calendar day grace period Mortgage Loan for or on behalf of HUD. Dakota, are necessary for the provided in 43 CFR 4.401(a) and the Other entities/individuals not management of these lands. delay in filing is waived, the official described herein may also be restricted DATES: A person or party who wishes to from bidding on the Mortgage Loans, as filing of the plat(s) of survey identified protest this decision must file a notice in the notice of protest will be stayed fully detailed in the Qualification of protest in time for it to be received Statement. pending consideration of the protest. A in the BLM Montana State Office no plat of survey will not be officially filed The Qualification Statement provides later than 30 days after the date of this until the next business day after all further details pertaining to eligibility publication. timely protests have been dismissed or requirements. Prospective bidders ADDRESSES: A copy of the plats may be otherwise resolved. should carefully review the obtained from the Public Room at the Qualification Statement to determine If a notice of protest is received after BLM Montana State Office, 5001 the scheduled date of official filing and whether they are eligible to submit bids Southgate Drive, Billings, Montana on the Mortgage Loans in MLS 2018–1. the 10 calendar day grace period 59101, upon required payment. The provided in 43 CFR 4.401(a), the notice Freedom of Information Act Requests plats may be viewed at this location at of protest will be untimely, may not be no cost. considered, and may be dismissed. HUD reserves the right, in its sole and FOR FURTHER INFORMATION CONTACT: Josh absolute discretion, to disclose Alexander, BLM Chief Cadastral Before including your address, phone information regarding MLS 2018–1, Surveyor for Montana; telephone: (406) number, email address, or other including, but not limited to, the 896–5123; email: [email protected]. personal identifying information in a identity of any successful bidder and its Persons who use a telecommunications notice of protest or statement of reasons, bid price or bid percentage for the device for the deaf (TDD) may call the you should be aware that the documents Mortgage Loans, upon the closing of the Federal Relay Service (FRS) at (800) you submit—including your personal sale of the Mortgage Loans. Even if HUD 877–8339 to contact the above identifying information—may be made elects not to publicly disclose any individual during normal business publicly available in their entirety at information relating to MLS 2018–1, hours. The FRS is available 24 hours a any time. While you can ask us to HUD will have the right to disclose any day, 7 days a week, to leave a message withhold your personal identifying information that HUD is obligated to or question with the above individual. information from public review, we disclose pursuant to the Freedom of You will receive a reply during normal cannot guarantee that we will be able to Information Act and all regulations business hours. do so. promulgated thereunder. SUPPLEMENTARY INFORMATION: The lands Authority: 43 U.S.C. Chapter 3. Scope of Notice surveyed are: Josh F. Alexander, This notice applies to MLS 2018–1 Black Hills Meridian, South Dakota Chief Cadastral Surveyor for Montana. and does not establish HUD’s policy for T. 2 S., R. 15 E. [FR Doc. 2017–23680 Filed 10–30–17; 8:45 am] the sale of other mortgage loans. Secs. 35 and 36. BILLING CODE 4310–DN–P
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DEPARTMENT OF THE INTERIOR Township 6 North, Range 72 West, Ltd. and cease and desist orders against Sixth Principal Meridian, Colorado, was respondents Techtronic Industries Bureau of Land Management accepted on October 16, 2017. Company Ltd., Techtronic Industries [LLCO956000 L14400000.BJ0000 18X] A person or party who wishes to North America Inc., One World protest any of the above surveys must Technologies, Inc., and OWT Industries, Notice of Filing of Plats of Survey, file a written notice of protest within 30 Inc. This notice is soliciting public Colorado calendar days from the date of this interest comments from the public only. publication at the address listed in the Parties are to file public interest AGENCY: Bureau of Land Management, ADDRESSES section of this notice. A submissions pursuant to Commission Interior. statement of reasons for the protest may rules. ACTION: Notice of official filing. be filed with the notice of protest and FOR FURTHER INFORMATION CONTACT: SUMMARY: The plats of survey of the must be filed within 30 calendar days Panyin A. Hughes, Office of the General following described lands are scheduled after the protest is filed. If a protest Counsel, U.S. International Trade to be officially filed in the Bureau of against the survey is received prior to Commission, 500 E Street SW., Land Management (BLM), Colorado the date of official filing, the filing will Washington, DC 20436, telephone (202) State Office, Lakewood, Colorado, 30 be stayed pending consideration of the 205–3042. The public version of the calendar days from the date of this protest. A plat will not be officially filed complaint can be accessed on the publication. The surveys, which were until the day after all protests have been Commission’s electronic docket (EDIS) executed at the request of the U.S. dismissed or otherwise resolved. Before at http://edis.usitc.gov, and will be Forest Service and the BLM, are including your address, phone number, available for inspection during official necessary for the management of these email address, or other personal business hours (8:45 a.m. to 5:15 p.m.) lands. identifying information in your protest, in the Office of the Secretary, U.S. DATES: Unless there are protests of this please be aware that your entire protest, International Trade Commission, 500 E action, the plats described in this notice including your personal identifying Street SW., Washington, DC 20436, will be filed on November 30, 2017. information, may be made publicly telephone (202) 205–2000. General available at any time. While you can ask ADDRESSES: You may submit written information concerning the Commission us in your comment to withhold your protests to the BLM Colorado State may also be obtained by accessing its personal identifying information from Office, Cadastral Survey, 2850 Internet server (http://www.usitc.gov). Youngfield Street, Lakewood, CO public review, we cannot guarantee that The public record for this investigation 80215–7093. we will be able to do so. may be viewed on EDIS at http:// FOR FURTHER INFORMATION CONTACT: Authority: 43 U.S.C. Chap. 3. edis.usitc.gov. Hearing-impaired persons are advised that information on Randy Bloom, Chief Cadastral Surveyor Randy A. Bloom, this matter can be obtained by for Colorado, (303) 239–3856; rbloom@ Chief Cadastral Surveyor. blm.gov. Persons who use a contacting the Commission’s TDD [FR Doc. 2017–23679 Filed 10–30–17; 8:45 am] telecommunications device for the deaf terminal on (202) 205–1810. may call the Federal Relay Service at 1– BILLING CODE 4310–JB–P SUPPLEMENTARY INFORMATION: Section 800–877–8339 to contact the above 337 of the Tariff Act of 1930 provides individual during normal business that if the Commission finds a violation hours. The Service is available 24 hours INTERNATIONAL TRADE it shall exclude the articles concerned a day, seven days a week, to leave a COMMISSION from the United States: message or question with the above [Investigation No. 337–TA–1016] unless, after considering the effect of such individual. You will receive a reply exclusion upon the public health and during normal business hours. Certain Access Control Systems and welfare, competitive conditions in the United SUPPLEMENTARY INFORMATION: The plat Components Thereof Notice of States economy, the production of like or and field notes of the dependent Request for Statement on the Public directly competitive articles in the United resurvey and subdivision of section 23 Interest States, and United States consumers, it finds in Township 36 North, Range 15 West, that such articles should not be excluded from entry. New Mexico Principal Meridian, AGENCY: U.S. International Trade Colorado, were accepted on August 11, Commission. 19 U.S.C. 1337(d)(1). A similar 2017. ACTION: Notice. provision applies to cease and desist The supplemental plat of section 9 in orders. 19 U.S.C. 1337(f)(1). Township 4 South, Range 86 West, SUMMARY: Notice is hereby given that The Commission is interested in Sixth Principal Meridian, Colorado, was the presiding administrative law judge further development of the record on accepted on September 19, 2017. has issued a Final Initial Determination the public interest in these The plat incorporating the field notes and Recommended Determination on investigations. Accordingly, parties are of the subdivision of section and metes- Remedy and Bonding in the above- to file public interest submissions and-bounds survey in Township 45 captioned investigation. The pursuant to pursuant to 19 CFR North, Range 2 East, New Mexico Commission is soliciting comments on 210.50(a)(4). In addition, members of Principal Meridian, Colorado, was public interest issues raised by the the public are hereby invited to file accepted on October 6, 2017. recommended relief, specifically a submissions of no more than five (5) The plat, in 3 sheets, incorporating limited exclusion order directed to pages, inclusive of attachments, the field notes of the dependent respondents Techtronic Industries concerning the public interest in light of resurvey and survey in Township 6 Company Ltd., Techtronic Industries the administrative law judge’s North, Range 71 West, Sixth Principal North America Inc., One World Recommended Determination on Meridian, Colorado, was accepted on Technologies, Inc., OWT Industries, Remedy and Bonding issued in this October 16, 2017. Inc., Techtronic Trading Ltd., investigation on October 23, 2017. The plat incorporating the field notes Techtronic Industries Factory Outlets, Comments should address whether of the dependent resurvey and survey in Inc., and ET Technology (Wuxi). Co., issuance of a limited exclusion order
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and cease and desist orders in this confidential written submissions will be Office of the Secretary, U.S. investigation would affect the public available for public inspection at the International Trade Commission, 500 E health and welfare in the United States, Office of the Secretary and on EDIS. Street SW., Washington, DC 20436, competitive conditions in the United This action is taken under the telephone (202) 205–2000. General States economy, the production of like authority of section 337 of the Tariff Act information concerning the Commission or directly competitive articles in the of 1930, as amended (19 U.S.C. 1337), may also be obtained by accessing its United States, or United States and in Part 210 of the Commission’s Internet server at https://www.usitc.gov. consumers. Rules of Practice and Procedure (19 CFR The public record for this investigation In particular, the Commission is part 210). may be viewed on the Commission’s interested in comments that: By order of the Commission. electronic docket (EDIS) at https:// (i) Explain how the articles edis.usitc.gov. Hearing-impaired potentially subject to the recommended Issued: October 25, 2017. Lisa R. Barton, persons are advised that information on orders are used in the United States; this matter can be obtained by Secretary to the Commission. (ii) identify any public health, safety, contacting the Commission’s TDD or welfare concerns in the United States [FR Doc. 2017–23605 Filed 10–30–17; 8:45 am] terminal on (202) 205–1810. relating to the recommended orders; BILLING CODE 7020–02–P (iii) identify like or directly SUPPLEMENTARY INFORMATION: Section competitive articles that complainant, 337 of the Tariff Act of 1930 provides its licensees, or third parties make in the INTERNATIONAL TRADE that if the Commission finds a violation United States which could replace the COMMISSION it shall exclude the articles concerned from the United States: subject articles if they were to be [Investigation No. 337–TA–1003] excluded; unless, after considering the effect of such (iv) indicate whether complainant, Certain Composite Aerogel Insulation exclusion upon the public health and complainant’s licensees, and/or third Materials and Methods for welfare, competitive conditions in the United States economy, the production of like or party suppliers have the capacity to Manufacturing the Same; Notice of replace the volume of articles directly competitive articles in the United Request for Statements on the Public States, and United States consumers, it finds potentially subject to the recommended Interest that such articles should not be excluded exclusion order and/or a cease and from entry. desist order within a commercially AGENCY: U.S. International Trade reasonable time; and Commission. 19 U.S.C. 1337(d)(1). (v) explain how the limited exclusion ACTION: Notice. The Commission is interested in order and cease and desist orders would further development of the record on impact consumers in the United States. SUMMARY: Notice is hereby given that the public interest in its investigations. Written submissions from the public the presiding administrative law judge Accordingly, parties are to file public must be filed no later than by close of (‘‘ALJ’’) has issued a Final Initial interest submissions pursuant to 19 CFR business on November 29, 2017. Determination and Recommended 210.50(a)(4). In addition, members of Persons filing written submissions Determination on Remedy and Bonding the public are hereby invited to file must file the original document in the above-captioned investigation. submissions of no more than five (5) electronically on or before the deadlines The Commission is soliciting comments pages, inclusive of attachments, stated above and submit 8 true paper on public interest issues raised by the concerning the public interest in light of copies to the Office of the Secretary by recommended relief should the the administrative law judge’s noon the next day pursuant to section Commission find a violation. The ALJ Recommended Determination on 210.4(f) of the Commission’s Rules of recommended only a limited exclusion Remedy and Bonding issued in this Practice and Procedure (19 CFR order with a certification provision investigation on September 29, 2017. 210.4(f)). Submissions should refer to prohibiting the entry of certain Comments should address whether the investigation number (‘‘Inv. No. composite aerogel insulation materials issuance of a limited exclusion order in 337–TA–1016’’) in a prominent place on manufactured abroad by or on behalf of this investigation would affect the the cover page and/or the first page. (See Respondent Nano Tech Co., Ltd. of public health and welfare in the United Handbook for Electronic Filing Zhejiang, China, and Respondent States, competitive conditions in the Procedures, https://www.usitc.gov/ Guangdong Alison Hi-Tech Co., Ltd. of United States economy, the production secretary/documents/handbook_on_ Guangzhou, China, that infringe certain of like or directly competitive articles in filing_procedures.pdf). Persons with claims of U.S. Patent No. 7,078,359, the United States, or United States questions regarding filing should and/or that are manufactured using consumers. contact the Secretary (202–205–2000). certain claimed methods of U.S. Patent In particular, the Commission is Any person desiring to submit a Nos. 6,989,123 and 7,780,890. This interested in comments that: document to the Commission in notice is soliciting public interest (i) Explain how the articles confidence must request confidential comments from the public only. Parties potentially subject to the recommended treatment. All such requests should be are to file public interest submissions orders are used in the United States; directed to the Secretary to the pursuant to Commission rules. (ii) identify any public health, safety, Commission and must include a full FOR FURTHER INFORMATION CONTACT: or welfare concerns in the United States statement of the reasons why the Cathy Chen, Esq., Office of the General relating to the recommended orders; Commission should grant such Counsel, U.S. International Trade (iii) indicate the extent to which like treatment. See 19 CFR 201.6. Documents Commission, 500 E Street SW., or directly competitive articles are for which confidential treatment by the Washington, DC 20436, telephone (202) produced in the United States or are Commission is properly sought will be 205–2392. Copies of non-confidential otherwise available in the United States, treated accordingly. A redacted non- documents filed in connection with this with respect to the articles potentially confidential version of the document investigation are or will be available for subject to the recommended orders; must also be filed simultaneously with inspection during official business (iv) indicate whether complainant, any confidential filing. All non- hours (8:45 a.m. to 5:15 p.m.) in the complainant’s licensees, and/or third
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party suppliers have the capacity to By order of the Commission. Register pursuant to Section 6(b) of the replace the volume of articles Issued: October 25, 2017. Act on July 25, 2017 (82 FR 34550). potentially subject to the recommended Lisa R. Barton, Patricia A. Brink, orders within a commercially Secretary to the Commission. Director of Civil Enforcement, Antitrust reasonable time; and [FR Doc. 2017–23604 Filed 10–30–17; 8:45 am] (v) explain how the recommended Division. orders would impact consumers in the BILLING CODE 7020–02–P [FR Doc. 2017–23692 Filed 10–30–17; 8:45 am] United States. BILLING CODE P Written submissions must be filed no later than by close of business on DEPARTMENT OF JUSTICE November 24, 2017. DEPARTMENT OF JUSTICE Persons filing written submissions Antitrust Division must file the original document Antitrust Division electronically on or before the deadlines Notice Pursuant to the National stated above and submit 8 true paper Cooperative Research and Production Notice Pursuant to the National copies to the Office of the Secretary by Act of 1993—IMS Global Learning Cooperative Research and Production noon the next day pursuant to Consortium, Inc. Act of 1993—OpenDaylight Project, Commission Rule 210.4(f), 19 CFR Inc. 210.4(f). Submissions should refer to the Notice is hereby given that, on investigation number (‘‘Inv. No. 1003’’) October 6, 2017, pursuant to Section Notice is hereby given that, on in a prominent place on the cover page 6(a) of the National Cooperative October 6, 2017, pursuant to Section and/or the first page. (See Handbook for Research and Production Act of 1993, 6(a) of the National Cooperative Electronic Filing Procedures, http:// 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS Research and Production Act of 1993, www.usitc.gov/secretary/fed_reg_ Global Learning Consortium, Inc. (‘‘IMS 15 U.S.C. 4301 et seq. (‘‘the Act’’), notices/rules/handbook_on_electronic_ Global’’) has filed written notifications OpenDaylight Project, Inc. filing.pdf). Persons with questions simultaneously with the Attorney (‘‘OpenDaylight’’) has filed written regarding filing should contact the General and the Federal Trade notifications simultaneously with the Secretary, (202) 205–2000. Commission disclosing changes in its Attorney General and the Federal Trade Any person desiring to submit a membership. The notifications were Commission disclosing changes in its document to the Commission in filed for the purpose of extending the membership. The notifications were confidence must request confidential Act’s provisions limiting the recovery of filed for the purpose of extending the treatment. All such requests should be antitrust plaintiffs to actual damages Act’s provisions limiting the recovery of directed to the Secretary to the under specified circumstances. antitrust plaintiffs to actual damages Commission and must include a full Specifically, Central Massachusetts under specified circumstances. statement of the reasons why the Collaborative, Worcester, MA; Colorado Specifically, Brocade Communications Commission should grant such Technical University, Schaumburg, IL; Systems, Inc., San Jose, CA; Dell Inc., treatment. See 19 CFR 201.6. Documents Cornelsen Verlag GmbH, Berlin, Round Rock, TX; Microsoft Corporation, for which confidential treatment by the GERMANY; Delaware Department of Redmond, WA; Coriant GMBH, Munich, Commission is properly sought will be Education, Dover, DE; Henry County GERMANY; Avaya Inc., Santa Clara, treated accordingly. All information, Schools, McDonough, GA; Knovation, CA; IIX Inc., Palo Alto, CA; and Lenovo, including confidential business Inc., Cincinnati, OH; and New Meridian Santa Clara, CA, have withdrawn as information and documents for which Corporation (PARCC Consortium), parties to this venture. confidential treatment is properly Austin, TX, have been added as parties No other changes have been made in sought, submitted to the Commission for to this venture. either the membership or planned purposes of this Investigation may be Also, PARCC, Inc., Washington, DC; activity of the group research project. disclosed to and used: (i) By the WEDU COMMUNICATIONS, Seoul, Membership in this group research Commission, its employees and Offices, REPUBLIC OF KOREA; Pacific Metrics, project remains open, and OpenDaylight and contract personnel (a) for Monterey, CA; and Fidelis Inc., intends to file additional written developing or maintaining the records Redwood City, CA, have withdrawn as notifications disclosing all changes in of this or a related proceeding, or (b) in parties to this venture. membership. internal investigations, audits, reviews, and evaluations relating to the No other changes have been made in On May 23, 2013, OpenDaylight filed programs, personnel, and operations of either the membership or planned its original notification pursuant to the Commission including under 5 activity of the group research project. Section 6(a) of the Act. The Department U.S.C. Appendix 3; or (ii) by U.S. Membership in this group research of Justice published a notice in the government employees and contract project remains open, and IMS Global Federal Register pursuant to Section personnel, solely for cybersecurity intends to file additional written 6(b) of the Act on July 1, 2013 (78 FR purposes. All contract personnel will notifications disclosing all changes in 39326). sign appropriate nondisclosure membership. The last notification was filed with agreements. All non-confidential On April 7, 2000, IMS Global filed its the Department on July 26, 2017. A written submissions will be available for original notification pursuant to Section notice was published in the Federal public inspection at the Office of the 6(a) of the Act. The Department of Register pursuant to Section 6(b) of the Secretary and on EDIS. Justice published a notice in the Federal Act on August 28, 2017 (82 FR 40805). This action is taken under the Register pursuant to Section 6(b) of the authority of section 337 of the Tariff Act Act on September 13, 2000 (65 FR Patricia A. Brink, of 1930, as amended, 19 U.S.C. 1337, 55283). Director of Civil Enforcement, Antitrust and in part 210 of the Commission’s The last notification was filed with Division. Rules of Practice and Procedure, 19 CFR the Department on July 10, 2017. A [FR Doc. 2017–23688 Filed 10–30–17; 8:45 am] 210. notice was published in the Federal BILLING CODE P
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DEPARTMENT OF JUSTICE Research and Production Act of 1993, No other changes have been made in 15 U.S.C. 4301 et seq. (‘‘the Act’’), either the membership or planned Antitrust Division National Fire Protection Association activity of the group research project. (‘‘NFPA’’) has filed written notifications Membership in this group research Notice Pursuant to the National simultaneously with the Attorney project remains open, and 3D PDF Cooperative Research and Production General and the Federal Trade intends to file additional written Act of 1993—Cable Television Commission disclosing additions or notifications disclosing all changes in Laboratories, Inc. changes to its standards development membership. Notice is hereby given that, on activities. The notifications were filed On March 27, 2012, 3D PDF filed its October 5, 2017, pursuant to Section for the purpose of extending the Act’s original notification pursuant to Section 6(a) of the National Cooperative provisions limiting the recovery of 6(a) of the Act. The Department of Research and Production Act of 1993, antitrust plaintiffs to actual damages Justice published a notice in the Federal 15 U.S.C. 4301 et seq. (‘‘the Act’’), Cable under specified circumstances. Register pursuant to Section 6(b) of the Television Laboratories, Inc. Specifically, NFPA has updated the Act on April 20, 2012 (77 FR 23754). (‘‘CableLabs’’) has filed written regulations governing its standards The last notification was filed with notifications simultaneously with the development process and related rules, the Department on July 13, 2017. A Attorney General and the Federal Trade guidelines and policies, established a notice was published in the Federal Commission disclosing changes in its Patent Policy and has provided an Register pursuant to Section 6(b) of the membership. The notifications were updated and current list of its standards Act on August 15, 2017 (82 FR 38710). filed for the purpose of extending the developments activities, related Patricia A. Brink, Act’s provisions limiting the recovery of technical committee and conformity antitrust plaintiffs to actual damages assessment activities. Information Director of Civil Enforcement, Antitrust Division. under specified circumstances. concerning NFPA regulations, technical Specifically, Henan Cable TV Network committees, current standards, [FR Doc. 2017–23689 Filed 10–30–17; 8:45 am] Group Co., Limited, Zhengzhou, standards development, conformity BILLING CODE P PEOPLE’S REPUBLIC OF CHINA; and assessment activities and Patent Policy Guangzhou Digital Media Group Co., are publicly available at nfpa.org. DEPARTMENT OF JUSTICE Limited, Guangzhou, PEOPLE’S On September 20, 2004, NFPA filed REPUBLIC of CHINA, have been added its original notification pursuant to Office for Victims of Crime as parties to this venture. Section 6(a) of the Act. The Department No other changes have been made in of Justice published a notice in the [OMB Number 1121–0309] either the membership or planned Federal Register pursuant to Section activity of the group research project. 6(b) of the Act on October 21, 2004 (69 Agency Information Collection Membership in this group research FR 61869). Activities; Proposed eCollection project remains open, and CableLabs eComments Requested; Extension of a Patricia A. Brink, intends to file additional written Currently Approved Collection: notifications disclosing all changes in Director of Civil Enforcement, Antitrust International Terrorism Victim Expense Division. membership. Reimbursement Program Application On August 8, 1988, CableLabs filed its [FR Doc. 2017–23687 Filed 10–30–17; 8:45 am] original notification pursuant to Section BILLING CODE P AGENCY: Office for Victims of Crime, 6(a) of the Act. The Department of Department of Justice. Justice published a notice in the Federal ACTION: 60-Day notice. Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE Act on September 7, 1988 (53 FR SUMMARY: The Department of Justice 34593). Antitrust Division (DOJ), Office of Justice Programs, Office The last notification was filed with for Victims of Crime, will be submitting Notice Pursuant to the National the Department on June 28, 2017. A the following information collection Cooperative Research and Production notice was published in the Federal request to the Office of Management and Act of 1993—3D PDF Consortium, Inc. Register pursuant to Section 6(b) of the Budget (OMB) for review and approval Act on July 20, 2017 (82 FR 33517). Notice is hereby given that, on in accordance with the Paperwork Patricia A. Brink, September 29, 2017, pursuant to Section Reduction Act of 1995. The proposed information collection is published to Director of Civil Enforcement, Antitrust 6(a) of the National Cooperative Division. Research and Production Act of 1993, obtain comments from the public and affected agencies. [FR Doc. 2017–23691 Filed 10–30–17; 8:45 am] 15 U.S.C. 4301 et seq. (‘‘the Act’’), 3D BILLING CODE P PDF Consortium, Inc. (‘‘3D PDF’’) has DATES: The Department of Justice filed written notifications encourages public comment and will simultaneously with the Attorney accept input until January 2, 2018. DEPARTMENT OF JUSTICE General and the Federal Trade FOR FURTHER INFORMATION CONTACT: If Commission disclosing changes in its you have additional comments Antitrust Division membership. The notifications were especially on the estimated public Notice Pursuant to the National filed for the purpose of extending the burden or associated response time, Cooperative Research and Production Act’s provisions limiting the recovery of suggestions, or need a copy of the Act of 1993—National Fire Protection antitrust plaintiffs to actual damages proposed information collection Association under specified circumstances. instrument with instructions or Specifically, Association for Digital additional information, please contact Notice is hereby given that, on Document Standards e.V., Berlin, Victoria Jolicoeur, Office for Victims of September 28, 2017, pursuant to Section GERMANY, has been added as a party Crime, 810 Seventh Street NW., 6(a) of the National Cooperative to this venture. Washington, DC 20531; by facsimile at
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(202) 305–2440 or by email, to ITVERP@ and will be used by OVC to make an (this link will only become active on the usdoj.gov. award determination. day following publication of this notice) SUPPLEMENTARY INFORMATION: Written 5. An estimate of the total number of or by contacting Michel Smyth by comments and suggestions from the respondents and the amount of time telephone at 202–693–4129, TTY 202– public and affected agencies concerning estimated for an average respondent to 693–8064, (these are not toll-free the proposed collection of information respond: It is estimated that 100 numbers) or by email at DOL_PRA_ are encouraged. Your comments should respondents will complete the [email protected]. address one or more of the following certification in approximately 45 Submit comments about this request four points: minutes. by mail to the Office of Information and —Evaluate whether the proposed 6. An estimate of the total public Regulatory Affairs, Attn: OMB Desk collection of information is necessary burden (in hours) associated with the Officer for DOL–OSHA, Office of for the proper performance of the collection: The estimated total public Management and Budget, Room 10235, functions of the Office for Victims of burden associated with this collection is 725 17th Street NW., Washington, DC Crime, including whether the 75 hours. 20503; by Fax: 202–395–6881 (this is If additional information is required not a toll-free number); or by email: information will have practical utility; _ —Evaluate the accuracy of the agency’s contact: Melody Braswell, Department OIRA [email protected]. estimate of the burden of the Clearance Officer, United States Commenters are encouraged, but not proposed collection of information, Department of Justice, Justice required, to send a courtesy copy of any including the validity of the Management Division, Policy and comments by mail or courier to the U.S. methodology and assumptions used; Planning Staff, Two Constitution Department of Labor—OASAM, Office —Evaluate whether and if so how the Square, 145 N Street NE., 3E.405A, of the Chief Information Officer, Attn: quality, utility, and clarity of the Washington, DC 20530. Departmental Information Compliance information to be collected can be Dated: October 25, 2017. Management Program, Room N1301, 200 Constitution Avenue NW., enhanced; and Melody Braswell, —Minimize the burden of the collection Washington, DC 20210; or by email: Department Clearance Officer for PRA, U.S. [email protected]. of information on those who are to Department of Justice. FOR FURTHER INFORMATION CONTACT: respond, including through the use of [FR Doc. 2017–23574 Filed 10–30–17; 8:45 am] Michel Smyth by telephone at 202–693– appropriate automated, electronic, BILLING CODE 4410–18–P mechanical, or other technological 4129, TTY 202–693–8064, (these are not _ collection techniques or other forms toll-free numbers) or by email at DOL [email protected]. of information technology, e.g., DEPARTMENT OF LABOR permitting electronic submission of SUPPLEMENTARY INFORMATION: This ICR responses. Office of the Secretary seeks to extend PRA authority for the Material Hoists, Personnel Hoists, and Overview of This Information Agency Information Collection Elevators Standard information Collection Activities; Submission for OMB collection requirements codified in 1. Type of Information Collection: Review; Comment Request; Material regulations 29 CFR 1926.552. Extension of a currently approved Hoists, Personnel Hoists, and Specifically, the Standard requires the collection. Elevators Standard following: Posting rated load capacities, 2. The Title of the Form/Collection: recommended operating speeds, and International Terrorism Victim Expense ACTION: Notice of availability; request special hazard warnings or instructions Reimbursement Program (ITVERP) for comments. on cars and platforms; establishing and Application. posting operating rules, including a SUMMARY: 3. The agency form number, if any, The Department of Labor signal system and allowable line speed and the applicable component of the (DOL) is submitting the Occupational for various loads, for material hoists at Department sponsoring the collection: Safety and Health Administration the operator’s station of a hoist; and There is no agency form number for this (OSHA) sponsored information providing cars with a capacity and data collection. The applicable component collection request (ICR) titled, ‘‘Material plate secured in a conspicuous place on within the Department of Justice is the Hoists, Personnel Hoists, and Elevators the car or crosshead. The Standard also Department of Justice is the Office for Standard,’’ to the Office of Management specifies certification and recordkeeping Victims of Crime, in the Office of Justice and Budget (OMB) for review and requirements related to required testing Programs. approval for continued use, without and inspection of hoists. Occupational 4. Affected public who will be asked change, in accordance with the Safety and Health Act of 1970 sections or required to respond, as well as a brief Paperwork Reduction Act of 1995 2(b)(9) and 8(c) authorize this abstract: Primary: Individuals victims, (PRA). Public comments on the ICR are information collection. See 29 U.S.C. surviving family members or personal invited. 651(b)(9) and 657(c). representatives. Other: Federal DATES: The OMB will consider all This information collection is subject Government. This application will be written comments that agency receives to the PRA. A Federal agency generally used to apply for the expense on or before November 30, 2017. cannot conduct or sponsor a collection reimbursement by U.S. nationals and ADDRESSES: A copy of this ICR with of information, and the public is U.S. Government employees who are applicable supporting documentation; generally not required to respond to an victims of acts of international terrorism including a description of the likely information collection, unless it is that occur(red) outside of the United respondents, proposed frequency of approved by the OMB under the PRA States. The application will be used to response, and estimated total burden and displays a currently valid OMB collect necessary information on the may be obtained free of charge from the Control Number. In addition, expenses incurred by the applicant, as RegInfo.gov Web site at http:// notwithstanding any other provisions of associated with his or her victimization, www.reginfo.gov/public/do/ law, no person shall generally be subject as well as other pertinent information, PRAViewICR?ref_nbr=201709-1218-004 to penalty for failing to comply with a
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collection of information that does not Total Estimated Annual Time Burden: NATIONAL CREDIT UNION display a valid Control Number. See 5 7,101 hours. ADMINISTRATION CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs Agency Information Collection obtains OMB approval for this Burden: $0. information collection under Control Activities: Proposed Collection; Number 1218–0231. Authority: 44 U.S.C. 3507(a)(1)(D). Comment Request; Consumer OMB authorization for an ICR cannot Dated: October 24, 2017. Assistance Center be for more than three (3) years without Michel Smyth, AGENCY: renewal, and the current approval for National Credit Union this collection is scheduled to expire on Departmental Clearance Officer. Administration (NCUA). October 31, 2017. The DOL seeks to [FR Doc. 2017–23694 Filed 10–30–17; 8:45 am] ACTION: Notice and request for extend PRA authorization for this BILLING CODE 4510–26–P comments. information collection for three (3) more SUMMARY: The NCUA, as part of its years, without any change to existing continuing efforts to reduce paperwork requirements. The DOL notes that and respondent burden, invites the existing information collection MORRIS K. UDALL AND STEWART L. general public and other Federal requirements submitted to the OMB UDALL FOUNDATION agencies to comment on this proposed receive a month-to-month extension collection, as required by the Paperwork while they undergo review. For Sunshine Act Meetings Reduction Act of 1995. The NCUA is additional substantive information soliciting comments on the information about this ICR, see the related notice TIME AND DATE: 9:00 a.m. to 3:15 p.m., collections associated with the published in the Federal Register on Tuesday, November 14, 2017. Consumer Assistance Center. August 8, 2017 (82 FR 37120). PLACE: The offices of the Morris K. Interested parties are encouraged to DATES: Written comments should be Udall and Stewart L. Udall Foundation, send comments to the OMB, Office of received on or before January 2, 2018 to 130 South Scott Avenue, Tucson, AZ Information and Regulatory Affairs at be assured of consideration. 85701. the address shown in the ADDRESSES ADDRESSES: Interested persons are section within thirty (30) days of STATUS: This meeting of the Board of invited to submit written comments on publication of this notice in the Federal Trustees will be open to the public. the information collections to Dawn Register. In order to help ensure Wolfgang, National Credit Union MATTERS TO BE CONSIDERED: appropriate consideration, comments (1) Call to Administration, 1775 Duke Street, Suite should mention OMB Control Number Order & Chair’s Remarks; (2) Executive 5080, Alexandria, Virginia 22314; Fax 1218–0231. Director’s Remarks; (3) Consent Agenda No. 703–519–8579; or Email at The OMB is particularly interested in Approval (Minutes of the April 26, [email protected]. 2017, Board of Trustees Meeting; Board comments that: FOR FURTHER INFORMATION CONTACT: • Reports submitted for Education Evaluate whether the proposed Requests for additional information Programs, Finance and Management, collection of information is necessary should be directed to the address above. for the proper performance of the Udall Center for Studies in Public SUPPLEMENTARY INFORMATION: functions of the agency, including Policy-Native Nations Institute-Udall OMB Number: 3133—NEW. whether the information will have Archives & their Workplan, and U.S. Title: Consumer Assistance Center. practical utility; Institute for Environmental Conflict Abstract: NCUA has centralized the • Evaluate the accuracy of the Resolution; resolutions regarding intake of consumer complaints and agency’s estimate of the burden of the Allocation of Funds to the Udall Center inquiries under the Consumer proposed collection of information, for Studies in Public Policy and Assistance Center (CAC), via the including the validity of the Transfer of Funds to the Native Nations MyCreditUnion.gov. The CAC assists methodology and assumptions used; Institute for Leadership, Management, consumer with information about • Enhance the quality, utility, and and Policy; and Board takes notice of federal financial consumer protection clarity of the information to be any new and updated personnel policies and share insurance matters and assists collected; and and internal control methodologies); (4) in resolving disputes with credit. • Minimize the burden of the Udall Center for Studies in Public collection of information on those who Consumers can make inquiries or Policy and Native Nations Institute for submit a complaint electronically are to respond, including through the Leadership, Management, and Policy; use of appropriate automated, through the MyCreditUnion.gov Web (5) Organizational Development (OD) site. The on-line portal offers a template electronic, mechanical, or other Work—Status; (6) Finance and Internal technological collection techniques or for consumers to use to aid in Controls; (7) Awards Policy; and (8) identifying their concerns. other forms of information technology, Parks in Focus®. e.g., permitting electronic submission of Type of Review: Existing collection in responses. CONTACT PERSON FOR MORE INFORMATION: use without an OMB control number. Agency: DOL–OSHA. Philip J. Lemanski, Executive Director, Affected Public: Individuals and Title of Collection: Material Hoists, 130 South Scott Avenue, Tucson, AZ Households; Private sector: Not-for- Personnel Hoists, and Elevators 85701, (520) 901–8500. profit institutions. Estimated No. of Respondents: Standard. Dated: October 26, 2017. OMB Control Number: 1218–0231. 16,812. Affected Public: Private Sector— Elizabeth E. Monroe, Estimated Frequency: 1. businesses or other for-profits. Executive Assistant, Morris K. Udall and Estimated No. of Responses: 16,812. Total Estimated Number of Stewart L. Udall Foundation, and Federal Estimated Time per Response: 10 Respondents: 5,868. Register Liaison Officer. minutes, consumer inquiry form; 5 Total Estimated Number of [FR Doc. 2017–23726 Filed 10–27–17; 11:15 am] minutes, inquiry form; 30 minutes, Responses: 26,465. BILLING CODE 6820–FN–P appraisal form.
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Estimated Total Annual Burden acceptable: HTML, ASCII, Word, RTF, This RFI is a major step in NCUA’s Hours: 2,404. or PDF. internal modernization efforts. After Request for Comments: Comments • Mail: Please direct written considerable research and analysis, the submitted in response to this notice will comments to Amber Gravius, National agency is now at a point where it can be summarized and included in the Credit Union Administration, 1775 outline the scope of its planned request for Office of Management and Duke Street, Alexandria, Virginia 22314. improvements. In turn, NCUA seeks the Budget approval. All comments will NCUA will post all comments views of the public on this initiative and become a matter of public record. The received by the deadline on the agency is eager to gain input from interested public is invited to submit comments Web site (www.ncua.gov) without stakeholders on a number of aspects concerning: (a) Whether the collection alteration or redaction, so commenters related to the future data collection by of information is necessary for the should not include information they do NCUA. Specifically, this RFI explains proper performance of the function of not wish public (e.g., personal or NCUA’s objectives and seeks insights the agency, including whether the confidential business information). from stakeholders in identifying the information will have practical utility; SPAM or marketing materials will be interrelated considerations and (b) the accuracy of the agency’s estimate discarded without publication. challenges that could arise if NCUA of the burden of the information FOR FURTHER INFORMATION CONTACT: collection, including the validity of the adopts a new standardized data format Kelly Lay, Business Innovation Director 3 methodology and assumptions used; (c) for loan, deposit, and investment data. or Amber Gravius, Special Assistant for NCUA will use information furnished ways to enhance the quality, utility, and Business Innovation, Office of the by stakeholders to help further define clarity of the information to be Executive Director, at 1775 Duke Street, data fields to collect electronically, collected; and (d) ways to minimize the Alexandria, VA 22314 or telephone develop a standard data format burden of the information collection on (703) 518–6313 (Ms. Lay) or (703) 548– respondents, including the use of 2411 (Ms. Gravius). Media inquiries (including field names and definitions), automated collection techniques or should be directed to the NCUA Office and comprise an implementation other forms of information technology. of Public and Congressional Affairs at strategy that reduces burden without By Gerard Poliquin, Secretary of the (703) 518–6671 or [email protected]. compromising the agency’s ability to Board, the National Credit Union safeguard the National Credit Union SUPPLEMENTARY INFORMATION: Administration, on October 25, 2017. The National Credit Union Administration Share Insurance Fund (NCUSIF). Dated: October 26, 2017. (NCUA) is conducting a comprehensive Separate and apart from the normal Dawn D. Wolfgang, review of the loan, deposit, and examination data download process, NCUA PRA Clearance Officer. investment information collected FICUs with assets greater than $10B [FR Doc. 2017–23610 Filed 10–30–17; 8:45 am] electronically during examinations of must comply with 12 CFR 702, subpart BILLING CODE 7535–01–P federally insured credit unions (FICUs). E which implements capital planning The overarching goal is to modernize, and stress testing.4 The information formalize, and standardize data formats collected as part of this process is not NATIONAL CREDIT UNION collected during examinations from the the focus of this RFI as it differs ADMINISTRATION core data processing and offline significantly in timing, purpose, and systems 1 used by credit unions. The content. Electronic Loan, Deposit, and purpose of this modernization effort is Investment Data Collection to: In addition to this RFI, the agency a. Achieve a more consistent may seek clearance from the Office of AGENCY: National Credit Union Management and Budget to conduct Administration (NCUA). examination process; b. Promote agency efficiencies and stakeholder calls and form workgroups ACTION: Request for Information (RFI) reduce burden on credit unions; to gather additional information about barriers and benefits to this SUMMARY: The National Credit Union c. Reduce onsite time by streamlining Administration is conducting a agency efforts to sort, organize, and modernization initiative. NCUA invites comprehensive review of the loan, format data; interested parties to respond generally deposit, and investment information d. Improve data reliability and quality to this modernization initiative and collected electronically during to enable more offsite work; specifically to the questions included in examinations of federally insured credit e. Enhance the objectivity of this RFI. unions from the core data processing examination conclusions with a more and offline systems used by credit thorough and advanced portfolio unions. analysis; and f. Support the Exam Flexibility 3 A standard data format will not replace or DATES: Comments must be received on Initiative’s 2 longer examination cycle, eliminate all examiner data requests occurring or before January 2, 2018. consistency between examiners, better during an examination. NCUA encourages ADDRESSES: Comments may be communication, more efficient responders to recommend other data sources that NCUA could standardize to improve exam submitted using one of the methods examination planning process, and below (Please do not send comments via efficiency. better offsite monitoring tools. 4 multiple methods). Include [Your name Implemented in 2014, NCUA’s Office of and company name (if any)]—Electronic National Examination and Supervision (ONES) 1 Offline systems is defined as other IT systems collects detailed loan level data and select share Data Collection Modernization in all not connected or linked to the core data processing data to run stress test scenarios and loan portfolio correspondence. system or third party vendors with loan, deposit, analytics for supervisory purpose. Currently, these • Email: Address to BIMail@ and investment data. These may include, but are credit unions send monthly data to NCUA on a NCUA.gov. Include ‘‘[Your name] not limited to, credit cards, mortgage loans, student quarterly basis using standard templates with 191 loans, indirect loans, etc. unique data fields relevant to each data type Comments on Electronic Data Collection 2 https://www.ncua.gov/About/Documents/exam- including automobile, credit cards, student, real Modernization’’ in the email subject flexibility/exam-flexibility-initiative-report-2016- estate, member business loans, and other consumer line. Any of the following formats is oct.pdf loans. The sample formats in this RFI include 53 similar fields to those collected by ONES.
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I. Background System (AIRES).7 NCUA did not II. Reason for Modernization Initiative increase the electronic data fields or Examiners obtain electronic data at The credit union industry is dynamic, the beginning of every examination, modify the data format with this communication. with FICUs growing larger and more during some supervision contacts, and complex each year. NCUA must ensure on an ad hoc basis from credit unions. NCUA last changed the loan and 8 its data collection vehicles evolve with This raw data, sometimes from multiple share download in April 2003. Beginning June 30, 2003, the member industry practices and examination/ sources and in multiple data files, supervision procedures so: provides examiners with essential profile fields were consolidated and one information in evaluating credit and new field was added for a total of eight a. All material FICU risk exposures deposit risks in FICUs and is integral to fields.9 The unique loan fields increased are captured; risk supervision which is central to by eight and the unique share fields b. data offering little insight into these safeguarding the integrity of the increased by nine to total 39 loan and exposures are no longer solicited; and NCUSIF. Before 1995, this data was in 20 share data fields in the electronic c. the reporting burden on supervised written format. In 1995, NCUA initiated download. Although NCUA did not institutions—particularly small or non- the first electronic data collection 5 make electronic data collection a complex credit unions—is minimized. encouraging FICUs to provide member requirement, NCUA did identify fields data to examiners through standard as ‘‘critical’’ and ‘‘optional.’’ NCUA Increasing industry complexity, a download routines made available by requested FICUs provide all critical desire for more effective offsite their information processing vendor or fields for successful import and use in supervision, and evolving technologies written in-house instead of paper the examination process. The letter necessitated a review of the current listings and reports. In this letter, NCUA identifies 15 critical fields in the share process in favor of opportunities to requested 12 member profile, 24 loan file and 25 critical fields in the loan file. improve efficiencies and reduce the and 4 share fields electronically for each In 2009, NCUA informed federal examination burden on credit unions. member record.6 credit unions (FCUs) of the membership Table 1 illustrates the evolution of the In November 2000, NCUA encouraged data collection and information FICU industry since NCUA last changed adherence to the share and loan data extracted from the electronic loan and the electronic data collection in April record layout specifications to facilitate share download gathered during 2003. Although the number of the import functions into NCUA’s examinations.10 NCUA did not increase institutions has declined, FICUs examination software, Automated the electronic data fields or modify the continue to grow in assets, loans, shares, Integrated Regulatory Examination data format with this communication. membership, and complexity.
TABLE 1—FICU TRENDS SINCE THE LAST CHANGE IN ELECTRONIC DATA COLLECTION
12/31/2003 3/31/2017 Change (%)
FICUs ...... 9,369 5,737 (63.33) Total Assets ...... $610.16B $1.34T 119.62 Total Loans ...... $376.11B $884.58B 135.20 Consumer Loans 11 ...... $187.53B $390.07B 108.00 Credit Card Loans ...... $21.84B $51.59B 136.21 Indirect Loans ...... 12 Not collected $172.56B Not available Participation Loans ...... $4.5B $29.97B 566.00 Real Estate Loans 13 ...... $168.26B $438.93B 160.86 Commercial/MBL ...... $9.32B $68.89B 639.16 Student Loans 14 ...... Not collected $3.99B Not available Total Shares ...... $528.34B $1.13T 113.88 Average Assets ...... $65.10M $233.0M 257.91 Median Assets ...... $10.55M $29.97M 184.08 # Loans ...... 40.92M 61.01M 49.10 # Shares Accounts ...... 142.34M 204.44M 43.63
Today, examiners frequently request Investment data, credit cards, indirect and extensive loan products offered to additional reports and data loans, participation loans, and credit union members. These requests electronically during examinations commercial/member business loans. may be made before an examination above and beyond the loan and share These requests are compelled by begins or throughout the process. As download including, but not limited to: increased complexity, more services, NCUA has not defined a standard data
5 NCUA Letter to Credit Unions Number 179, member profile fields to decline from 12 to 8. The indirect loans with the March 31, 2014 Call Report. (September 1995). member profile fields are currently included in Credit unions reported a total of $97.35B indirect 6 The download file for both loans and shares each loan and each share download. loans as of March 31, 2014. Since that initial include the 12 member profile fields. 10 NCUA Letter to Federal Credit Unions 09– reporting, indirect loans have increased 77.3%. 7 NCUA Letter to Credit Unions 00–CU–09 FCU–03 (January 2009). 13 Total real estate loans includes commercial/ 11 (November 2000). Includes unsecured loans, lines of credit, MBLs secured by real estate. 8 vehicle loans, short-term, small dollar amount 14 NCUA Letter to Credit Unions 03–CU–05 (April loans, and leases receivable. This number may Non-federally guaranteed student loans as 2003). include some overlap with indirect, participation, reported on the 5300 Call Report. NCUA first 9 NCUA combined the member name, first name, and commercial/MBLs based on categories of started collecting this information with the March last name, and middle initial into one field. reporting on the 5300 Call Report. 31, 2014 Call Report. Credit unions reported a total Additionally, the zip code fields were consolidated 12 The December 31, 2003 5300 Call Report only of $2.84B non-federally guaranteed student loans as and social security number was added to the share collected Indirect Loans Granted Year-To-Date. of March 31, 2014. Since that initial reporting, these download resulting in the number of unique NCUA first started collecting total outstanding loans have increased 40.49%.
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structure and fields for different loan identifiable information. As a federal description of the commenter’s types,15 the characteristics of data agency, NCUA must comply with organization and its interest in the presented in these files often differs mandatory security standards for federal electronic data will help NCUA use the from credit union to credit union and information and information systems 16 input provided. vendor to vendor. The unique formats and must meet these minimum a. Electronic Data Collection can result in credit union resources to information security requirements by Modernization Questions produce and explain their individual using security and privacy controls reports to examiners. This also creates recommended by the National Institute 1. To the extent an FICU offers the examination inefficiencies for credit of Standards and Technology (NIST).17 loan and deposit services and has the unions and examiners as the reports In addition to NIST standards and investment instruments identified in the may not contain all information guidelines, NCUA is subject to federal section b, are there any example data requested by the examiner and statutes such as the Federal Information fields listed in this RFI that cannot be additional information requests may be Security Modernization Act (FISMA) of reasonably provided electronically? made. Further, data limitations and 2014, the E-Government Act of 2002, the What other data fields could be inconsistency results in disparate Privacy Act of 1974 and various OMB provided that NCUA should consider evaluations of risk at different credit policies and guidance concerning collecting electronically? unions and across all FICUs. federal information management, 2. For electronic data, what file As part of the broader enterprise FISMA reporting, and privacy. formats (e.g., Microsoft Excel, CSV, etc.) modernization effort, NCUA desires to NCUA uses administrative, technical, are available? improve loan and deposit portfolio and physical controls, including but not 3. If a FICU cannot provide data analytics used during FICU limited to: Periodic review and electronically, to what extent is the examinations to provide for more authorization of information systems; limitation due to the IT systems (e.g., consistent analysis of risk within and proactive threat assessment and the field is not available in the IT across institutions to mitigate losses to continuous monitoring; and annual system to be captured electronically)? the NCUSIF. Data standardization is general and role-based security training To what extent is the limitation because paramount to effectively use more for employees and contractors. We also a credit union is not electronically robust analytic tools and will also leverage independent tests and collecting the data now (e.g., loan benefit credit unions outside of the evaluations from other government underwriting information captured in examination context, as credit unions agencies and third-party assessors. the loan file, such as a calculated debt have been known to use the download The Office of the Inspector General to income ratio, but is not stored in an when two credit unions are merging to (OIG) conducts independent audits, IT system that can capture that data)? transfer records. It has also been used investigations and other activities to 4. What is the number of vendors, with some third party vendors for verify NCUA’s compliance with systems, or service providers the FICU analytics, reporting, and data processing applicable standards, laws and uses for loans (all types), deposits, and conversions. regulations related to privacy and investments you currently can or would NCUA acknowledges there are information security and keeps the extract data for examination purposes? challenges with a standard data format. NCUA Board and U.S. Congress fully Specifically, how many are used for Credit unions use dozens of data and currently informed of their work. each category (e.g., loans, deposits, and processing systems and third party The OIG conducts a FISMA and Federal investments)? vendors for originating, recording, and Managers’ Financial Integrity Act 5. To what extent does the FICU rely monitoring loans, deposits, and (FMFIA) audit annually to ensure on a third party vendor to create and investments. Additionally, there are NCUA has effectively implemented all produce raw data downloads? Does the many variations and platforms, appropriate security and privacy vendor provide the credit union with including credit union developed controls.18 the flexibility to self-customize information technology systems, with Request for Comment: NCUA is reporting for data attributes? varying data content and formats. providing questions about major aspects 6. What are the technological Responses to the questions in this RFI of this electronic data modernization to challenges NCUA should consider with will inform NCUA of the extent to target issues the public would like a standardized data format (e.g., specific which FICUs can provide data addressed by the effort. The questions file names, format, etc.)? electronically in a standard format and are not intended to limit discussion. 7. What additional initial and annual identify data fields available for Indeed, responders may explore an costs would you estimate a FICU could electronic collection. Additionally, issue relevant to this initiative. incur to generate and provide data NCUA welcomes suggested Responses containing references to electronically in a standard format (e.g., implementation strategies that reduce studies, research, or data not widely pass through costs from vendors, in- burden without compromising the available to the public should include house development resources, etc.)? agency’s ability to safeguard the copies of referenced materials. A 8. Does the credit union or vendor NCUSIF. have the ability to retain and create the 16 FIPS Publication 199, Standards for Security current loan and share download data III. Information Security Categorization of Federal Information and format (with no changes) as well as new Information Systems; FIPS Publication 200, download data formats? 19 NCUA exercises great care in Minimum Security Requirements for Federal protecting sensitive and personally Information and Information Systems. 9. Should NCUA eliminate the 17 NIST Special Publication 800–53 (Rev. 4), ‘‘critical’’ and ‘‘optional’’ data 15 Most credit unions must obtain reports from Security and Privacy Controls for Federal other systems and third party vendors for real Information Systems and Organizations. 19 NCUA is modernizing our examination estate, commercial/member business loans, student 18 The results of these audits are reported both platform and analytics. The new data format will loans, credit cards, participation, and indirect internally and externally to ensure completion of all be used with these technological advancements. loans. Examiners primarily receive consumer and remedial findings. Credit Unions and their members Until the current systems that use the existing real estate loan information in the current loan and can review OIG Audit Reports, Semiannual Reports download are retired, examiners will need the share download limited to the data fields defined and Letter to Congress at https://www.ncua.gov/ current download file as existing tools may not be in NCUA Letter to Credit Unions 03–CU–05. About/Pages/inspector-general/reports.aspx. able to accommodate a new download data format.
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categorizations discussed in NCUA How should NCUA ensure FICUs use tables 2–9 is preliminary and is Letter to Credit Unions 03–CU–05? If the standard data format? presented for discussion and input yes, what approaches would you 12. What specific information security purposes only. For sample purposes propose NCUA use to collect controls or assurances are expected from only, NCUA is presenting one data standardized data for better analytics NCUA to reasonably safeguard the format for all deposit types, one for and examination efficiencies? electronic loan, share, and investment investment data,21 and different data 10. With the exception of the example data? formats for loans based on the loan data formats based on data type Commenters are also encouraged to type.22 To the extent the FICU offers discussed in this RFI, what alternatives discuss any other relevant issues they these loan and deposit services and has would you propose for NCUA to collect believe NCUA should consider with these investment instruments, NCUA is data in a standardized format that respect to the electronic collection of asking stakeholders to identify if FICUs minimizes the credit union burden? loan, deposit, and investment data. can provide these and other data fields 11. What implementation strategies electronically in their response to the and timeline should NCUA consider b. Sample Loan, Deposit, and RFI. Similar to the download process with this modernization? For example, Investment Electronic Data Collection today, credit unions would be permitted what is the anticipated timeframe for a NCUA is requesting input and to submit multiple data files FICU or vendor to provide the sample feedback on sample data fields and the electronically for loans, deposits, and data fields and the associated format? associated format.20 The information in investments.
TABLE 2—DEPOSIT ELECTRONIC FIELDS
Current Data NCUA Number Applies to Field Description Example format standard field 23
D1 ...... All Share Accounts Effective date of Effective date of the data ...... 03312017 ...... Date ...... No. the download. D2 ...... All Share Accounts Record Code ...... Indicate D for Deposits, L for Loans, I D ...... D/L/I ...... Yes .* for Investment. D3 ...... All Share Accounts Taxpayer ID ...... Nine digit code used by the U.S. Gov- 123456789 ...... Number .. Yes .* ernment (TIN). For individuals use Social Security number. D4 ...... All Share Accounts Member ID...... Primary key identifier for the entity. ABC123456 ...... Text ...... Yes .* This is the number used to uniquely identify the member/non-member such as an account number. D5 ...... All Share Accounts Member Name ...... Full legal name. Format: Last Name, Long Sr., John, S Text ...... Yes .* Suffix (if applicable), First Name, Middle Initial for individuals. For business provide full legal name. D6 ...... All Share Accounts Address Line 1 ..... Street address ...... 7247 Circle Sun .... Text ...... Yes .* D7 ...... All Share Accounts Address Line 2 ..... Address line 2 ...... P.O. Box 858 ...... Text ...... Yes D8 ...... All Share Accounts City ...... City where borrower resides. For busi- Fairfax ...... Text ...... Yes .* ness account, provide the city of the main or head office. D9 ...... All Share Accounts State ...... Post office state code where borrower NM ...... Text ...... Yes .* resides. For business accounts, provide the state of the main or head office. D10 ...... All Share Accounts Zip Code ...... Zip code where borrower resides. For 80521 ...... Number .. Yes .* business accounts, provide the zip code of the main or head office. D11 ...... All Share Accounts Insiders and Em- If data supports, report ‘‘D’’ for direc- E ...... Text ...... Yes. ployees. tors, supervisory committee, and credit committee members, ‘‘O’’ for executive officers, and ‘‘E’’ for em- ployees who are not executive offi- cers. If the CEO is also the Board Treasurer, report as an executive officer—‘‘O’’. If the credit union or vendor data does not support this scheme, simply identify insider sta- tus with Y/N.
20 These data formats include 9 member profile, 21 As of March 31, 2017, FICUs reported the 33.1%; Participation: 27.2%; Real estate: 75.6%; 18 deposit, 120 loan, and 12 investment unique following investments: Securities: 40.9% of all Non-guaranteed federal student Loans: 12.1%; data files. They include all data fields listed in FICUs; Non-negotiable CDs: 83.7%. Commercial/MBL: 37.9%. Letter to Credit Unions 03–CU–05, except three data 22 Loan types include consumer, indirect, 23 Identifies fields requested in NCUA Letter to fields that would be overlapping with new data participations, residential real estate, student loans, Credit Unions 03–CU–05 (April 2003). Fields fields—Date of Last Activity, Last Activity Code, and commercial/member business loans. As of identified with an asterisk (*) are categorized as and Credit Limit at origination. March 31, 2017, FICUs reported the following loan ‘‘critical’’ fields by NCUA in Letter to Credit Unions services: Consumer: 100% of FICUs; Indirect: 03–CU–05.
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TABLE 2—DEPOSIT ELECTRONIC FIELDS—Continued
Current Data NCUA Number Applies to Field Description Example format standard field 23
D12 ...... All Share Accounts Non-member ...... Indicator to identify non-member Y ...... Y/N ...... No. share accounts. D13 ...... All Share Accounts Share Balance ...... Current balance of the share account, 156.45 ...... Number .. Yes .* signed with two decimal places. D14 ...... All Share Accounts Share Type Code System code to identify certificates, R ...... Text ...... Yes .* regular, draft, IRA, money market and other share deposit accounts. D15 ...... All Share Accounts Dividend Rate ...... Current dividend rate for each share 2 ...... Number .. Yes .* account. D16 ...... All Share Accounts Date of Last Activ- Date of last deposit or withdrawal ...... 03312017 ...... Date ...... Yes .* ity. D17 ...... All Share Accounts Share Amount Fro- Dollar amount of the account the 5000.00 ...... Number .. Yes .* zen. member cannot access. D18 ...... All Share Accounts Last Activity Code Identifies the type of account activity FM ...... Text ...... Yes. that occurred last by code. D19 ...... All Share Accounts Accrued Dividend Dollar amount of accrued dividends ... 25.36 ...... Number .. Yes. Interest. D20 ...... All Share Accounts Last File Mainte- Last date of any non-financial modi- 03312017 ...... Date ...... Yes. nance Date. fication to the account (e.g., divi- dend rate, member address, etc.). D21 ...... All Share Accounts Last File Mainte- Approving official or employee’s trans- AH ...... Text ...... Yes. nance User ID action code or initials. or Initials. D22 ...... All Share Accounts Date Negative The date the share account first went 03312017 ...... Date ...... No. Shares. negative without cure. D23 ...... All Share Accounts Joint Owner ...... Provide the name of the joint owner’s Long Sr., John, S Text ...... No. full legal name. Format: Last Name, Suffix (if applicable), First Name, Middle Initial for individuals. For businesses, provide full legal name. D24 ...... All Share Accounts Membership Type Provide the membership type using Business ...... Text ...... No. the following identifiers: Single own- ership, Joint ownership, Trustee, or Business. D25 ...... All Share Accounts Last Statement Date the member statement was last 03312017 ...... Date ...... No. Date. generated. D26 ...... Share Certificate Step/Bump Divi- Indicator if the share certificate prod- Y ...... Y/N ...... No. Accounts. dend Rate. uct has a term that allows the mem- ber to ‘‘step-up’’ or ‘‘bump-up’’ the dividend rate. D27 ...... Share Certificate Certificate Date Date member opened the share cer- 03312017 ...... Date ...... Yes .* Accounts. Granted. tificate account. D28 ...... Share Certificate Certificate Maturity Date the share certificate will mature 03312017 ...... Date ...... Yes .* Accounts. Date. D29 ...... Business Accounts Name of Bene- Full legal name of individuals who are Long Sr., John, S Text ...... No. ficiaries. beneficiaries on business accounts. Format: Last Name, Suffix (if appli- cable), First Name, Middle Initial.
TABLE 3—SECURITY AND NON-NEGOTIABLE CD INVESTMENT ELECTRONIC FIELDS 24
Current Data NCUA Number Field Description Example format standard field
I1 ...... Download Cut-off date Effective date of the data ...... 03312017 ...... Date ...... No. I2 ...... Record Code ...... Report D for Deposits, L for Loans, I for Invest- L ...... D/L/I ...... No. ment. I3 ...... CUSIP Number ...... Committee on Uniform Securities Identification 23345abcd ...... Text ...... No. Procedures number. Security identifier.
24 NCUA has not previously published a standard party service platform for interest rate risk files or request additional data from the credit structure for investment data. This will facilitate assessment of individual securities and portfolios union. robust analytics with a dynamic, quantitative third- without requiring the examiner to reformat data
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TABLE 3—SECURITY AND NON-NEGOTIABLE CD INVESTMENT ELECTRONIC FIELDS 24—Continued
Current Data NCUA Number Field Description Example format standard field
I4 ...... Original Face Value ...... Original face value of the investment ...... 100,000 ...... Number .. No. I5 ...... Current Face Value ...... Current face value of the investment ...... 100,000 ...... Number .. No. I6 ...... Book Value ...... Current book value of the investment ...... 102,000 ...... Number .. No. I7 ...... Fair Value ...... Current fair value of the investments ...... 102,000 ...... Number .. No. I8 ...... Maturity Date ...... Maturity date of investment ...... 12312017 ...... Date ...... No. I9 ...... Coupon/Rate ...... Stated coupon or rate of investment ...... 5 ...... Number .. No. I10 ...... Floating Rate ...... Indicator if the investment has floating rate ...... Y ...... Y/N ...... No. I11 ...... Issuer ...... Name of issuer of the investment ...... Wells Fargo Bank ...... Text ...... No. I12 ...... Settlement Date ...... Date funds are exchanged ...... 10312015 ...... Date ...... No.
TABLE 4—CONSUMER AND CREDIT CARD LOAN ELECTRONIC FIELDS
Current Data NCUA ILDR Field 26 Number Field Description Example format standard field 25
C1 ...... Effective date of the Effective date of the data ...... 03312017 ...... Date ...... No ...... No. download. C2 ...... Record Code ...... Indicate D for Deposits, L for Loans, I for L ...... D/L/I ...... Yes* ...... No. Investment. C3 ...... Taxpayer ID ...... Nine digit code used by the US Govern- 123456789 ...... Number .. Yes* ...... Yes. ment (TIN). For individuals use social security number. C4 ...... Borrower ID ...... Primary key identifier for the entity. This ABC123456 ...... Text ...... Yes* ...... Yes. is the number used to uniquely identify the member/non-member such as an account number. C5 ...... Member Name...... Full legal name. Format: Last Name, Long Sr., John, S ... Text ...... Yes* ...... Yes. Suffix (if applicable), First Name, Mid- dle Initial for individuals. For business provide full legal name. C6 ...... Address Line 1 ...... Street address ...... 7247 Circle Sun ...... Text ...... Yes* ...... Yes. C7 ...... Address Line 2 ...... Address line 2 ...... PO Box 858 ...... Text ...... Yes ...... Yes. C8 ...... City ...... City where borrower resides. For busi- Fairfax ...... Text ...... Yes* ...... Yes. ness accounts, provide the city of the main or head office. C9 ...... State ...... Post office state code where borrower NM ...... Text ...... Yes* ...... Yes. resides. For business accounts, pro- vide the state of the main or head of- fice. C10 ...... Zip Code ...... Zip code where borrower resides. For 80521 ...... Number .. Yes* ...... Yes. business accounts, provide the zip code of the main or head office. C11 ...... Insiders and Em- If data supports, report ‘‘D’’ for directors, E ...... Text ...... Yes ...... Yes. ployees. supervisory committee, and credit committee members, ‘‘O’’ for executive officers, and ‘‘E’’ for employees who are not executive officers. If the CEO is also the Board Treasurer, report as an executive officer—‘‘O’’. If the credit union or vendor data does not support this scheme, simply identify insider status with Y/N. C12 ...... Business Type ...... Provide the member’s North American 54194 ...... Text ...... No ...... Yes. Industry Classification System (NAICS) code where majority of their revenue is generated from. C13 ...... Branch ID ...... Identifies the originating service facility ... 01C ...... Text ...... Yes ...... Yes. C14 ...... Loan ID ...... Unique identifier for each loan ...... A ...... Text ...... No ...... Yes.
25 Identifies fields requested in NCUA Letter to 26 NCUA reviewed the Interagency Loan Data formats include 61 similar loan fields. https:// Credit Unions 03–CU–05 (April 2003). Fields Request (ILDR) issued in March 2013. The ILDR www.fdic.gov/news/news/financial/2013/fil identified with an asterisk (*) are categorized as provides a standard format for banks to 13012.html. ‘‘critical’’ fields by NCUA in Letter to Credit Unions electronically provide loan data. In comparison to 03–CU–05. the 82 data fields in the ILDR, the sample loan
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TABLE 4—CONSUMER AND CREDIT CARD LOAN ELECTRONIC FIELDS—Continued
Current Data NCUA ILDR Field 26 Number Field Description Example format standard field 25
C15 ...... Loan Category ...... The type of loan. Provide ‘‘Commercial/ Commercial ...... Text ...... No ...... No. MBL’’, ‘‘Residential Real Estate’’, or ‘‘Consumer’’. C16 ...... Loan Type ...... The type of loan product as defined by Capital LOC ...... Text ...... Yes* ...... Yes. the vendor or credit union (e.g. New or Used Auto, Credit Card Fixed, Credit Card Variable, etc.). C17 ...... Purpose Code ...... Description of what the proceeds will be Auto purchase ...... Text ...... Yes* ...... Yes. used for; Reason for loan. C18 ...... Origination Date ...... The note date; date the loan was origi- 03312017 ...... Date ...... Yes* ...... Yes. nated. Do not report the date of last advance. C19 ...... Original Loan The original principal amount of the loan 1500.45 ...... Number .. Yes* ...... Yes. Amount. C20 ...... Payment Amount .... Amount of regularly scheduled payment 780.25 ...... Number .. Yes* ...... Yes. C21 ...... Loan Term ...... The contractual number of payments re- 60 ...... Number .. Yes* ...... Yes. quired by the note or modification of the note. C22 ...... Payment Frequency The interval of time payments are con- M ...... Text ...... Yes* ...... Yes. tractually required (monthly, quarterly, annually, balloon/maturity, etc.). C23 ...... Balloon Flag ...... Indicator the loan is a balloon loan ...... Y ...... Y/N ...... No ...... No. C24 ...... Balloon Term ...... Number of months from origination until 84 ...... Number .. No ...... No. balloon date. C25 ...... Interest Only Flag ... Indicator the borrower pays only the in- Y ...... Y/N ...... No ...... No. terest on the principal balance for a set period of time, with the principal balance unchanged. C26 ...... Interest Only Term.. The length of time (in months) during 12 ...... Number .. No ...... No. which the borrower pays only interest on the principal balance. C27 ...... First Payment Date Date the first payment was/is due ...... 03312017 ...... Date ...... No ...... No. C28 ...... Maturity Date ...... Date when full payment on the loan is 03312017 ...... Date ...... No ...... Yes. contractually due. For balloon loans, this should be the same as the balloon expiration date. C29 ...... Interest Rate ...... The contractual rate of interest currently 5.000 ...... Number .. Yes* ...... Yes. applied to this loan at origination. C30 ...... Loan Type ...... The type of loan product as defined by Capital LOC ...... Text ...... Yes ...... Yes. the vendor or credit union (e.g. New or Used Auto, Credit Card Fixed, Credit Card Variable, etc.). C31 ...... Current Interest The contractual rate of interest currently 5 ...... Number .. No ...... Yes. Rate. applied to this loan. C32 ...... First Rate Adjust- Initial date the interest rate will/did adjust 03312017 ...... Date ...... No ...... No. ment Date. on variable rate loans. C33 ...... Next Rate Adjust- Future date interest rate will adjust on 03312017 ...... Date ...... No ...... No. ment Date. variable rate loans. C34 ...... Lifetime Interest The maximum rate the loan can reach 18.000 ...... Number .. No ...... Yes. Rate Cap. over its contractual term. C35 ...... Interest Rate Floor .. The minimum rate the loan can reach 4.000 ...... Number .. No ...... No. over its contractual term. C36 ...... Variable Rate Index Interest rate base index used when the Prime ...... Text ...... No ...... Yes. loan’s rate varies with an index. C37 ...... Variable Rate Mar- The margin added or subtracted from the 2 ...... Number .. No ...... No. gin. index to get the rate. C38 ...... Current Credit Limit The maximum a borrower can currently 2500.00 ...... Number .. No ...... No. incur. C39 ...... Date Closed ...... Date a line of credit was closed ...... 03312017 ...... Date ...... No ...... No. C40 ...... Credit Score at Credit score of the primary borrower 825 ...... Number .. Yes* ...... Yes. Origination. (e.g. FICO or Beacon) obtained from a credit bureau that was used in the un- derwriting of the credit. If two bureau scores were used, provide the highest score. If the credit union obtains all three bureau scores, provide the mid- dle score. C41 ...... Original Credit Date of the primary borrower’s credit 03312017 ...... Date ...... No ...... No. Score Date. score at origination.
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TABLE 4—CONSUMER AND CREDIT CARD LOAN ELECTRONIC FIELDS—Continued
Current Data NCUA ILDR Field 26 Number Field Description Example format standard field 25
C42 ...... Current Credit Score Most recent primary borrower credit 745 ...... Number .. No ...... No. score obtained by the credit union. C43 ...... Current Credit Score Most recent date of updated credit score 03312017 ...... Date ...... No ...... No. Date. for the primary borrower. C44 ...... Guarantor ...... Name of entity/person that guarantees Long Sr., John, S ... Text ...... No ...... Yes. the loan. With multiple guarantors, give the primary one. C45 ...... Co-Maker/Co-Bor- The name of the co-maker/co-borrower Long Sr., John, S ... Text ...... No ...... Yes. rower/Guarantor. whose signature(s) appears on the promissory note or loan agreement. Provide the first one when there are multiple co-makers/co-borrowers. C46 ...... Co-Maker/Co-Bor- Credit score of the co-maker/co-borrower 680 ...... Number .. No ...... No. rower Credit at the time of origination. Score at Origina- tion. C47 ...... Current Credit Score Most recent date of updated credit score 03312017 ...... Date ...... No ...... No. Date of Co-Bor- of the co-borrower/co-maker. rower. C48 ...... Original Credit Credit score of the co-borrower/co-maker 800 ...... No ...... No. Score Date of Co- (e.g. FICO or Beacon) obtained from a Borrower. credit bureau that was used in the un- derwriting of the credit. If two bureau scores were used, provide the highest score. If the credit union obtains all three bureau scores, provide the mid- dle score. C49 ...... Loan Officer ...... Code or loan officer name responsible BB ...... Text ...... No ...... Yes. underwriting and/or borrower relation- ship. C50 ...... Loan Approver ...... Code or name of approving official. Indi- AG ...... Text ...... Yes ...... No. cate if approved by the Credit Com- mittee or Board of Directors. C51 ...... Loan Risk Grade .... Credit union internal risk rating at origi- A ...... Text ...... Yes ...... Yes. nation. The credit union’s internal loan risk grade (e.g., A, B, C, or D paper). C52 ...... Collateral Protection Indicator loan has coverage for when in- Y ...... Y/N ...... No ...... No. Insurance. surance coverage lapses. C53 ...... GAP Indicator ...... Indicator the member purchased gap in- Y ...... Y/N ...... No ...... No. surance on the collateral. C54 ...... Credit Life ...... Indicator loan has a life insurance policy Y ...... Y/N ...... No ...... No. designed to pay off the borrower’s debt if they die. C55 ...... Credit Disability...... Indicator loan has disability insurance N ...... Y/N ...... No ...... No. designed to pay the borrower’s debt if they become disabled. C56 ...... Loan Collateral ...... The narrative description of the collateral 1996 Ford Mustang Text ...... No ...... Yes. (e.g., year, make and model; 38 unit apartment building, etc.). C57 ...... Collateral Code...... The system code associated with the Residential real es- Text ...... Yes* ...... Yes. collateral type (e.g., residential real es- tate. tate, etc.). C58 ...... Origination Collat- Total value of collateral at loan origina- 50000.00 ...... Number .. No ...... Yes. eral Value. tion. C59 ...... Collateral Valuation/ Date collateral was appraised or valued 20170313 ...... Date ...... No ...... Yes. Appraisal Date at loan origination. (Origination). C60 ...... Current Collateral Dollar value of collateral when last as- 45150.65 ...... Number .. No ...... No. Value. sessed by the credit union. C61 ...... Most Recent Collat- Date collateral was last appraised or val- 03312017 ...... Date ...... No ...... Yes. eral Value/Ap- ued. praisal Date. C62 ...... Lien Position ...... The credit union’s lien position on the 1 ...... Number .. No ...... Yes. collateral (e.g., 1st, 2nd, 3rd, etc.). If more than one collateral, identify the primary collateral’s lien position. C63 ...... VIN Number...... Vehicle Identification Number/unique 1GTV2TEH8EZ173 Text ...... No ...... No. identifier for collateral. 011.
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TABLE 4—CONSUMER AND CREDIT CARD LOAN ELECTRONIC FIELDS—Continued
Current Data NCUA 26 Number Field Description Example format standard ILDR Field field 25
C64 ...... Current Loan Bal- Current outstanding principal balance of 84500.01 ...... Number .. Yes* ...... Yes. ance. the loan. If the member has overpaid the note and the credit union is car- rying a credit balance, provide the number as a negative balance with a minus sign as the first character (e.g., ¥33.56). C65 ...... Date of Last Pay- Date the last payment was made ...... 03312017 ...... Date ...... No ...... Yes. ment. C66 ...... Number of Remain- The remaining contractual number of 24 ...... Number .. Yes* ...... No. ing Payments. payments required by the loan. C67 ...... Next Payment Due The date the next payment, principal or 03312017 ...... Date ...... Yes* ...... Yes. Date. interest, is due. For delinquent loans, this will be in the past. C68 ...... Accrued Interest ..... Total amount of interest accrued and not 180.32 ...... Number .. Yes* ...... Yes. yet received on a loan. C69 ...... Late Charges ...... Late charges currently due and unpaid ... 95.06 ...... Number .. No ...... Yes. C70 ...... Debt to Income Debt payments divided by gross or net 35.670 ...... Number .. No ...... No. Ratio. income calculated at time of loan origi- nation. C71 ...... Days Past Due ...... Number of days the note is past due be- 75 ...... Number .. Yes* ...... Yes. yond the due date as of the effective date of the download. If loan is current or paid ahead, report as zero. C72 ...... Delinquency Number of times past due 30–59 days 2 ...... Number .. Yes ...... Yes. Counter 30–59 since origination date. Days. C73 ...... Delinquency Number of times past due 60–89 days 4 ...... Number .. Yes ...... Yes. Counter 60–89 since origination date. Days. C74 ...... Delinquency Number of times past due 90–119 days 0 ...... Number .. Yes ...... Yes. Counter 90–119 or more since the origination date. Days. C75 ...... Delinquency Number of times past due 120+ days or 1 ...... Number .. Yes ...... Yes. Counter 120 Days more since the origination date. +. C76 ...... Last Renewal Date The date the loan was last renewed ...... 03312017 ...... Date ...... No ...... Yes. C77 ...... Loan Modification ... Indicator if the loan has been modified. A Y ...... Y/N ...... No ...... No. loan modification permanently restruc- tures the terms of an existing loan. A loan modification is not a new loan, but a renegotiation of an existing loan. C78 ...... Date of Loan Modi- Date of last loan modification ...... 20170313 ...... Date ...... No ...... Yes. fication. C79 ...... Capitalized Interest Amount of interest added to the loan 259.63 ...... Number .. No ...... Yes. Amount. principal balance. C80 ...... Amount of last ad- Dollar amount of the last advance ...... 55000.00 ...... Number .. No ...... No. vance. C81 ...... Interest rate reset Time between periodic reset dates for 30 ...... Number .. No ...... Yes. interval. variable or adjustable rate loans ex- pressed in days.. C82 ...... Troubled Debt Re- Indicates if a loan is currently a troubled Y ...... Y/N ...... No ...... Yes. structure. debt restructure as defined by GAAP. C83 ...... Nonaccrual ...... Indicate if the loan is currently on non- N ...... Y/N ...... No ...... Yes. accrual. C84 ...... Charge-Off Flag ...... Indicator if entire loan has been charged Y ...... Y/N ...... No ...... No. off. C85 ...... Charge Off Amount Amount of principal charged off this loan 5000.00 ...... Number .. Yes ...... Yes. C86 ...... Charge Off Date ..... Date the loan was charged off ...... 03312017 ...... Date ...... No ...... No. C87 ...... Last File Mainte- Date of last file maintenance change on 03312017 ...... Date ...... Yes ...... No. nance Date. this loan. C88 ...... Last File Mainte- User ID of person who made last file JB100 ...... Text ...... Yes ...... No. nance User ID or maintenance change. Initials. C89 ...... Last File Mainte- Description of what was last changed on DD ...... Text ...... No ...... No. nance action the member loan (e.g., due date, Code. name, loan status, etc.).
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TABLE 4—CONSUMER AND CREDIT CARD LOAN ELECTRONIC FIELDS—Continued
Current Data NCUA ILDR Field 26 Number Field Description Example format standard field 25
C90 ...... Interest Rate Interest rate variance from the index rate 2.25 ...... Number .. No ...... Yes. Spread. changed on the note. Express in terms of a percentage. For example, the pre- mium of a note written at Prime +2.25% would be expressed as 2.25.
TABLE 5—INDIRECT LOAN ELECTRONIC DATA FIELDS
Data Current Number Field Description Example format NCUA field ILDR field
Includes all fields from Table 4: Consumer and Credit Card Loan Electronic Data Fields and the following:
ID1 ...... Dealer Code ...... Name of sales agent for indirect auto Hanks Auto Sales ... Text ...... No ...... Yes. loans. ID2 ...... Indirect Loan Flag... Indicator if the loan was originated Y ...... Y/N ...... No ...... No. through an indirect loan program. ID3 ...... Dealer Reserve Bal- Current dealer reserve against the note 3,000 ...... Number .. No ...... Yes. ance.
TABLE 6—PARTICIPATION LOAN ELECTRONIC DATA FIELDS
Data Current Number Field Description Example format NCUA field ILDR field
Includes all fields from Table 4: Consumer and Credit Card Loan Electronic Data Fields and the following:
P1 ...... Participation Sold The original amount of this note that was 9,000,000 ...... Number .. No ...... Yes. (Original Amount). sold. P2 ...... Participation Sold The current balance of the amount sold 8,750,000 ...... Number .. No ...... Yes. (Current Balance). P3 ...... Participation Pur- The original amount of this note that was 9,000,000 ...... Number .. No ...... No. chases (Original purchased. Amount). P4 ...... Participation Pur- The current balance of the amount pur- 8,750,000 ...... Number .. No ...... No. chases (Current chased. Balance). P5 ...... Purchase percent- Shows the percentage of the total partici- 20.000 ...... Number .. No ...... No. age. pation loan owned by the credit union for individual loan purchases. P6 ...... Originating/Lead Shows the name of the originating/lead ABC FCU ...... Text ...... No ...... No. Lender. lender in the participation. P7 ...... Sold Percentage ..... Identify the percentage of total participa- 90.999 ...... Number .. No ...... No. tion loan the credit union sold.
TABLE 7—RESIDENTIAL REAL ESTATE LOAN ELECTRONIC DATA FIELDS
Data Current Number Field Description Example format NCUA field ILDR field
Includes all fields from Table 4: Consumer and Credit Card Loan Electronic Data Fields and the following:
R1 ...... Property Type ...... Indicate the property type (e.g., Single, Condo ...... Text ...... No ...... No. Multi, Condominium, etc.). R2 ...... Collateral State ...... Post office state code where collateral AZ ...... Text ...... No ...... No. property is located. R3 ...... Collateral City ...... City where collateral property is located Phoenix ...... Text ...... No ...... No. R4 ...... Collateral County .... County where collateral property is lo- Maricopa ...... Text ...... No ...... No. cated. R5 ...... Collateral Zip Code Zip code where collateral property is lo- 85255 ...... Number .. No ...... No. cated. R6 ...... Property in Flood Indicator if the collateral securing the Y ...... Y/N ...... No ...... No. Zone. loan is in a designated flood zone. R7 ...... Draw Period ...... Remaining period of time (in months) a 120 ...... Number .. No ...... No. borrower can withdraw funds from a credit account.
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TABLE 7—RESIDENTIAL REAL ESTATE LOAN ELECTRONIC DATA FIELDS—Continued
Data Current Number Field Description Example format NCUA field ILDR field
R8 ...... Current Escrow Bal- Amount currently in escrow for payment 2,585 ...... Number .. No ...... Yes. ance. to third parties such as insurance and real estate taxes. In the case of a neg- ative escrow balance, report the data in this field with a minus sign in the first character position (e.g., ¥350). R9 ...... Number of Renew- Indicate the number of times the loan 2 ...... Number .. No ...... Yes. als. has been renewed.
TABLE 8—COMMERCIAL/MEMBER BUSINESS LOAN ELECTRONIC DATA FIELDS
Data Current Number Field Description Example format NCUA field ILDR field
Includes all fields from Table 4: Consumer and Credit Card Loan Electronic Data Fields and the following:
CL1 ...... Current Loan Risk Credit union internal risk rating at recent 1 ...... Text ...... No ...... Yes. Grade Commer- review/evaluation of commercial/MBL; cial/MBL. Number or letter grade determined based on the level of risk. CL2 ...... Date of Current Date the most recent internal risk rating 03312017 ...... Date ...... No ...... Yes. Loan Risk Grade at recent review/evaluation of commer- Commercial/MBL. cial/MBLs. CL3 ...... Debt Service Cov- Debt service coverage ratio calculated 1.05 ...... Number .. No ...... No. erage Ratio for the loan at origination. (DSCR). CL4 ...... Personal guaranty Identify the level of personal guaranty of Full ...... Text ...... No ...... No. status. the principals (e.g., full, limited, or none). CL5 ...... Environmental Re- Identify the level of environmental review Phase 1 ...... Text ...... No ...... No. view Level at at origination (e.g., borrower question- origination. naire, record search, phase 1, or phase 2). CL6 ...... Environmental Re- Date of environmental review at origina- 03312017 ...... Date ...... No ...... No. view Date. tion. CL7 ...... Last Periodic Re- Date of last periodic/annual file review ... 03312017 ...... Date ...... No ...... No. view. CL8 ...... Property Type ...... Indicate the property type (e.g., Single, Condo ...... Text ...... No ...... No. Multi, Condominium, etc.). CL9 ...... Collateral State ...... Post office state code where collateral AZ ...... Text ...... No ...... No. property is located. CL10 ...... Collateral City ...... City where collateral property is located Phoenix ...... Text ...... No ...... No. CL11 ...... Collateral County .... County where collateral property is lo- Maricopa ...... Text ...... No ...... No. cated. CL12 ...... Collateral Zip Code Zip code where collateral property is lo- 85255 ...... Number .. No ...... No. cated. CL13 ...... Property in Flood Indicator if the collateral securing the Y ...... Y/N ...... No ...... No. Zone. loan is in a designated flood zone. CL14 ...... Draw Period ...... Remaining period of time (in months) a 120 ...... Number .. No ...... No. borrower can withdraw funds from a credit account. CL15 ...... Current Escrow Bal- Amount currently in escrow for payment 2,585 ...... Number .. No ...... Yes. ance. to third parties such as insurance and real estate taxes. In the case of a neg- ative escrow balance, report the data in this field with a minus sign in the first character position (e.g., ¥350). CL16 ...... Policy Exception ..... Indicator if the loan is an exception to Y ...... Y/N ...... No ...... No. policy. CL17 ...... Number of Renew- Indicate the number of times the loan 2 ...... Number .. No ...... Yes. als. has been renewed. CL18 ...... Specific Reserve..... Amount of specific reserve for loan 50,000 ...... Number .. No ...... Yes. losses on this note which is not avail- able to offset losses on any other loan.
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TABLE 9—STUDENT LOAN ELECTRONIC DATA FIELDS
Data Current Number Name Description Example format NCUA field ILDR field
Includes all fields from Table 4: Consumer and Credit Card Loan Electronic Data Fields and the following:
S1 ...... Time to Repayment For deferred loans: Amount of time, in 65 ...... Number .. No ...... No. months, until repayment period begins. S2 ...... Deferred Status ...... Indicator if student loan is in deferred Y ...... Y/N ...... No ...... No. status.
By the National Credit Union This feedback will provide insights into • Information gathered is not used for Administration Board on October 19, 2017. customer or stakeholder perceptions, the purpose of substantially informing Gerard Poliquin, experiences and expectations, provide influential policy decisions; and Secretary of the Board. an early warning of issues with service, • Information gathered yields [FR Doc. 2017–23219 Filed 10–30–17; 8:45 am] or focus attention on areas where qualitative information; the collections BILLING CODE 7535–01–P communication, training or changes in are not designed or expected to yield operations might improve delivery of statistically reliable results or used as products or services. These collections though the results are generalizable to NATIONAL FOUNDATION ON THE will allow for ongoing, collaborative and the population of study. ARTS AND THE HUMANITIES actionable communications between the Feedback collected under this generic Agency and its customers and clearance provides useful information, Proposed Collection; Comment stakeholders. It will also allow feedback but it does not yield data that can be Request; 30-Day Notice for Generic to contribute directly to the generalized to the overall population. Clearance for the Collection of improvement of program management. This type of generic clearance for Qualitative Feedback on Agency The solicitation of feedback will target qualitative information will not be used Service Delivery areas such as: Timeliness, for quantitative information collections appropriateness, accuracy of that are designed to yield reliably AGENCY: National Endowment for the information, courtesy, efficiency of actionable results, such as monitoring Arts. service delivery, and resolution of trends over time or documenting ACTION: Notice. issues with service delivery. Responses program performance. Such data uses will be assessed to plan and inform require more rigorous designs that SUMMARY: As part of a Federal efforts to improve or maintain the address: The target population to which Government-wide effort to streamline generalizations will be made, the the process to seek feedback from the quality of service offered to the public. If this information is not collected, vital sampling frame, the sample design public on service delivery, The National (including stratification and clustering), Endowment for the Arts (NEA) has feedback from customers and stakeholders on the Agency’s services the precision requirements or power submitted a Generic Information calculations that justify the proposed Collection Request (Generic ICR): will be unavailable. The Agency will only submit a sample size, the expected response rate, ‘‘Generic Clearance for the Collection of methods for assessing potential non- Qualitative Feedback on Agency Service collection for approval under this generic clearance if it meets the response bias, the protocols for data Delivery’’ to OMB for approval under collection, and any testing procedures the Paperwork Reduction Act (PRA). following conditions: • The collections are voluntary; that were or will be undertaken prior to Copies of this ICR, with applicable fielding the study. Depending on the • The collections are low-burden for supporting documentation, may be degree of influence the results are likely respondents (based on considerations of obtained by visiting www.Reginfo.gov. to have, such collections may still be total burden hours, total number of DATES: Comments should be sent to the eligible for submission for other generic respondents, or burden-hours per Office of Information and Regulatory mechanisms that are designed to yield respondent) and are low-cost for both Affairs, Attn: OMB Desk Officer for the quantitative results. the respondents and the Federal National Endowment for the Arts, Office As a general matter, information of Management and Budget, Room Government; • collections will not result in any new 10235, Washington, DC 20503, 202/395– The collections are non- system of records containing privacy 7316, within 30 days from the date of controversial and do not raise issues of information and will not ask questions this publication in the Federal Register. concern to other Federal agencies; of a sensitive nature, such as sexual • SUPPLEMENTARY INFORMATION: The Any collection is targeted to the behavior and attitudes, religious beliefs, proposed information collection activity solicitation of opinions from and other matters that are commonly provides a means to garner qualitative respondents who have experience with considered private. customer and stakeholder feedback in the program or may have experience Title of Collection: Generic Clearance an efficient, timely manner, in with the program in the near future; for the Collection of Qualitative accordance with the Administration’s • Personally identifiable information Feedback on Agency Service Delivery. commitment to improving service (PII) is collected only to the extent OMB Control Number: 3135–0130. delivery. By qualitative feedback we necessary and is not retained; Type of Review: Extension of approval mean information that provides useful • Information gathered is used only for a collection of information. insights on perceptions and opinions, internally for general service Affected Public: Individuals and but are not statistical surveys that yield improvement and program management Households, Businesses and quantitative results that can be purposes and is not intended for release Organizations, State, Local or Tribal generalized to the population of study. outside of the agency; Government.
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Total Estimated Number of Dated: October 26, 2017. 3642 and 3632(b)(3), on October 25, Respondents Across All Three Years: Jillian Miller, 2017, it filed with the Postal Regulatory 15,000. Director of Guidelines and Panel Operations, Commission a USPS Request to Add Average Expected Annual Number of Administrative Services, National Priority Mail Contract 371 to Endowment for the Arts. Activities: 3. Competitive Product List. Documents [FR Doc. 2017–23607 Filed 10–30–17; 8:45 am] are available at www.prc.gov, Docket Average Number of Respondents per BILLING CODE 7537–01–P Nos. MC2018–15, CP2018–31. Activity: 1,667. Elizabeth A. Reed, Total Estimated Number of Annual Attorney, Corporate and Postal Business Law. Responses: 5,000. POSTAL SERVICE [FR Doc. 2017–23595 Filed 10–30–17; 8:45 am] Frequency of Response: Once per Product Change—Priority Mail and BILLING CODE 7710–12–P request. First-Class Package Service Average Minutes per Response: 15. Negotiated Service Agreement POSTAL SERVICE Total Estimated Number of Annual AGENCY: Postal ServiceTM. Burden Hours: 1,167. ACTION: Notice. Product Change—Priority Mail Request for Comments: Comments Express, Priority Mail, and First-Class submitted in response to this notice will SUMMARY: The Postal Service gives Package Service Negotiated Service be summarized and/or included in the notice of filing a request with the Postal Agreement request for OMB approval. Comments Regulatory Commission to add a AGENCY: Postal ServiceTM. are invited on: (a) Whether the domestic shipping services contract to ACTION: Notice. collection of information is necessary the list of Negotiated Service for the proper performance of the Agreements in the Mail Classification SUMMARY: The Postal Service gives functions of the agency, including Schedule’s Competitive Products List. notice of filing a request with the Postal whether the information shall have DATES: Date of notice required under 39 Regulatory Commission to add a practical utility; (b) the accuracy of the U.S.C. 3642(d)(1): October 31, 2017. domestic shipping services contract to agency’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: the list of Negotiated Service collection of information; (c) ways to Elizabeth A. Reed, 202–268–3179. Agreements in the Mail Classification enhance the quality, utility, and clarity SUPPLEMENTARY INFORMATION: The Schedule’s Competitive Products List. of the information to be collected; (d) United States Postal Service® hereby DATES: Date of notice required under 39 ways to minimize the burden of the gives notice that, pursuant to 39 U.S.C. U.S.C. 3642(d)(1): October 31, 2017. collection of information on 3642 and 3632(b)(3), on October 25, FOR FURTHER INFORMATION CONTACT: respondents, including through the use 2017, it filed with the Postal Regulatory Elizabeth A. Reed, 202–268–3179. of automated collection techniques or Commission a USPS Request to Add SUPPLEMENTARY INFORMATION: The other forms of information technology; Priority Mail & First-Class Package United States Postal Service® hereby and (e) estimates of capital or start-up Service Contract 61 to Competitive gives notice that, pursuant to 39 U.S.C. costs and costs of operation, Product List. Documents are available at 3642 and 3632(b)(3), on October 25, maintenance, and purchase of services www.prc.gov, Docket Nos. MC2018–14, 2017, it filed with the Postal Regulatory to provide information. Burden means CP2018–30. Commission a USPS Request to Add the total time, effort, or financial Elizabeth A. Reed, Priority Mail Express, Priority Mail, & resources expended by persons to Attorney, Corporate and Postal Business Law. First-Class Package Service Contract 23 generate, maintain, retain, disclose or [FR Doc. 2017–23594 Filed 10–30–17; 8:45 am] to Competitive Product List. Documents provide information to or for a Federal are available at www.prc.gov, Docket BILLING CODE 7710–12–P agency. This includes the time needed Nos. MC2018–17, CP2018–33. to review instructions; to develop, Elizabeth A. Reed, acquire, install and utilize technology POSTAL SERVICE and systems for the purpose of Attorney, Corporate and Postal Business Law. collecting, validating and verifying Product Change—Priority Mail [FR Doc. 2017–23597 Filed 10–30–17; 8:45 am] information, processing and Negotiated Service Agreement BILLING CODE 7710–12–P maintaining information, and disclosing AGENCY: TM and providing information; to train Postal Service . POSTAL SERVICE personnel and to be able to respond to ACTION: Notice. a collection of information, to search SUMMARY: The Postal Service gives Product Change—Priority Mail Express data sources, to complete and review notice of filing a request with the Postal Negotiated Service Agreement the collection of information; and to Regulatory Commission to add a AGENCY: Postal ServiceTM. transmit or otherwise disclose the domestic shipping services contract to information. the list of Negotiated Service ACTION: Notice. All written comments will be Agreements in the Mail Classification SUMMARY: The Postal Service gives available for public inspection at Schedule’s Competitive Products List. notice of filing a request with the Postal reginfo.gov. DATES: Date of notice required under 39 Regulatory Commission to add a An agency may not conduct or U.S.C. 3642(d)(1): October 31, 2017. domestic shipping services contract to sponsor, and a person is not required to FOR FURTHER INFORMATION CONTACT: the list of Negotiated Service respond to, a collection of information Elizabeth A. Reed, 202–268–3179. Agreements in the Mail Classification unless it displays a currently valid SUPPLEMENTARY INFORMATION: The Schedule’s Competitive Products List. Office of Management and Budget United States Postal Service® hereby DATES: Date of notice required under 39 control number. gives notice that, pursuant to 39 U.S.C. U.S.C. 3642(d)(1): October 31, 2017.
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FOR FURTHER INFORMATION CONTACT: 3:00 p.m. All comments received will be earlier date as determined by the Elizabeth A. Reed, 202–268–3179. posted without change. Persons Commission unless, before the SUPPLEMENTARY INFORMATION: The submitting comments are cautioned that expiration of that time period, it is United States Postal Service® hereby we do not redact or edit personal renewed in accordance with the Federal gives notice that, pursuant to 39 U.S.C. identifying information from comment Advisory Committee Act. The 3642 and 3632(b)(3), on October 25, submissions. You should submit only Committee may be established 15 days 2017, it filed with the Postal Regulatory information that you wish to make after publication of this notice in the Commission a USPS Request to Add available publicly. Federal Register by filing a charter for Priority Mail Express Contract 52 to FOR FURTHER INFORMATION CONTACT: the Committee with the Committee on Competitive Product List. Documents David Dimitrious, Senior Special Banking, Housing, and Urban Affairs of are available at www.prc.gov, Docket Counsel, at (202) 551–5131, or Benjamin the United States Senate, the Committee Nos. MC2018–16, CP2018–32. Bernstein, Attorney-Adviser, at (202) on Financial Services of the United 551–5354, Division of Trading and States House of Representatives, and the Elizabeth A. Reed, Markets, Securities and Exchange Committee Management Secretariat of Attorney, Corporate and Postal Business Law. Commission, 100 F Street NE., the General Services Administration. A [FR Doc. 2017–23596 Filed 10–30–17; 8:45 am] Washington, DC 20549–3628. copy of the charter as so filed also will BILLING CODE 7710–12–P SUPPLEMENTARY INFORMATION: In be filed with the Chairman of the accordance with the requirements of the Commission, furnished to the Library of Federal Advisory Committee Act, 5 Congress, and posted on the SECURITIES AND EXCHANGE U.S.C.—App, the Commission is Commission’s Web site at www.sec.gov. COMMISSION publishing this notice that the Chairman By the Commission. [Release No. 34–81958; File No. 265–30] of the Commission, with the Dated: October 26, 2017. concurrence of the other Brent J. Fields, Fixed Income Market Structure Commissioners, intends to establish the Secretary. Advisory Committee Securities and Exchange Commission [FR Doc. 2017–23670 Filed 10–30–17; 8:45 am] Fixed Income Market Structure BILLING CODE 8011–01–P AGENCY: Securities and Exchange Advisory Committee (the ‘‘Committee’’). Commission. The Chairman of the Commission ACTION: Notice of Federal Advisory affirms that the establishment of the SECURITIES AND EXCHANGE Committee Establishment. Committee is necessary and in the COMMISSION public interest.1 SUMMARY: The Securities and Exchange The Committee’s objective is to Submission for OMB Review; Commission is publishing this notice to provide the Commission with diverse Comment Request announce that the Chairman of the perspectives on the structure and Commission, with the concurrence of operations of the U.S. fixed income Upon Written Request, Copies Available the other Commissioners, intends to markets, as well as advice and From: Securities and Exchange establish the Securities and Exchange recommendations on matters related to Commission, Office of FOIA Services, Commission Fixed Income Market fixed income market structure. 100 F Street NE., Washington, DC Structure Advisory Committee. No more than 21 voting members will 20549–2736 ADDRESSES: Written comments may be be appointed to the Committee. Such Extension: submitted by the following methods: members shall represent a cross-section Form N–54A, SEC File No. 270–182, OMB Control No. 3235–0237 Electronic Comments of those directly affected by, interested in, and/or qualified to provide advice to Notice is hereby given that, pursuant • Use the Commission’s Internet the Commission on matters related to to the Paperwork Reduction Act of 1995 submission form (http://www.sec.gov/ fixed income market structure. The (44 U.S.C. 3501 et seq.), the Securities rules/other.shtml); or Committee’s membership will be and Exchange Commission • Send an email message to rule- balanced fairly in terms of points of (‘‘Commission’’) has submitted to the [email protected], including File No. view represented. Non-voting members Office of Management and Budget a 265–30 on the subject line. may also be named. request for extension of the previously Paper Comments The charter will provide that the approved collection of information duties of the Committee are to be solely discussed below. • Send paper comments in triplicate advisory. The Commission alone will Under the Investment Company Act to Brent J. Fields, Secretary, Securities make any determinations of actions to of 1940 (15 U.S.C. 80a–1 et seq.) (the and Exchange Commission, 100 F Street be taken and policies to be expressed ‘‘Investment Company Act’’), certain NE., Washington, DC 20549–1090. with respect to matters within the investment companies can elect to be All submissions should refer to File No. Commission’s jurisdiction. The regulated as business development 265–30. To help us process and review Committee will meet at such intervals as companies, as defined in Section your comments more efficiently, please are necessary to carry out its functions. 2(a)(48) of the Investment Company Act use only one method. The Commission The charter contemplates that the full (15 U.S.C. 80a–2(a)(48)). Under Section will post all comments on the Committee will meet four times 54(a) of the Investment Company Act Commission’s Internet Web site (http:// annually. Meetings of subgroups or (15 U.S.C. 80a–53(a)), any company www.sec.gov/rules/other.shtml). subcommittees of the full Committee defined in Section 2(a)(48)(A) and (B) Comments also will be available for may occur more frequently. may elect to be subject to the provisions Web site viewing and printing in the The Committee will operate for two of Sections 55 through 65 of the Commission’s Public Reference Room, years from the date the charter is filed Investment Company Act (15 U.S.C. 100 F Street NE., Washington, DC with the appropriate entities or such 80a–54 to 80a–64) by filing with the 20549, on official business days Commission a notification of election, if between the hours of 10:00 a.m. and 1 See 41 CFR 102–3.30(a). such company has: (1) A class of equity
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securities registered under Section 12 of SECURITIES AND EXCHANGE Schroders Tax-Aware Bond ETF the Securities Exchange Act of 1934 (15 COMMISSION (‘‘Fund’’) under NYSE Arca Rule 8.600– U.S.C. 78a et seq.) (‘‘Exchange Act’’); or E, which governs the listing and trading [Release No. 34–81944; File No. SR– 4 (2) filed a registration statement NYSEArca–2017–99] of Managed Fund Shares. The Shares pursuant to Section 12 of the Exchange will be offered by the Hartford Funds Act for a class of equity securities. The Self-Regulatory Organizations; NYSE Exchange-Traded Trust (the ‘‘Trust’’), Commission has adopted Form N–54A Arca, Inc.; Notice of Filing of Proposed which is registered with the (17 CFR 274.53) as the form for Rule Change To List and Trade Shares Commission as an open-end notification of election to be regulated of the Hartford Schroders Tax-Aware management investment company.5 The as business development companies. Bond ETF Under NYSE Arca Rule Fund is a series of the Trust. Hartford Funds Management The purpose of Form N–54A is to 8.600–E Company, LLC (‘‘HFMC’’ or ‘‘Manager’’) notify the Commission that the October 25, 2017. will be the investment manager to the investment company making the Pursuant to Section 19(b)(1) 1 of the Fund. ALPS Distributors, Inc. (‘‘ALPS’’ notification elects to be subject to Securities Exchange Act of 1934 or the ‘‘Distributor’’) will be the Sections 55 through 65 of the (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 principal underwriter to the Fund. Investment Company Act, enabling the notice is hereby given that, on October HFMC is an indirect subsidiary of The Commission to administer those 11, 2017, NYSE Arca, Inc. (‘‘Exchange’’ Hartford Financial Services Group, Inc. provisions of the Investment Company or ‘‘NYSE Arca’’) filed with the Schroder Investment Management North Act to such companies. Securities and Exchange Commission America Inc. (‘‘Sub-Adviser’’) will be The Commission estimates that on (‘‘Commission’’) the proposed rule the sub-adviser to the Fund and average approximately 12 business change as described in Items I and II performs the daily investment of the development companies file these below, which Items have been prepared assets for the Fund. notifications each year. Each of those by the self-regulatory organization. The Commentary .06 to Rule 8.600–E business development companies need Commission is publishing this notice to provides that, if the investment adviser only make a single filing of Form N– solicit comments on the proposed rule to the investment company issuing 54A. The Commission further estimates change from interested persons. Managed Fund Shares is affiliated with that this information collection imposes a broker-dealer, such investment adviser I. Self-Regulatory Organization’s shall erect a ‘‘fire wall’’ between the a burden of 0.5 hours, resulting in a Statement of the Terms of Substance of investment adviser and the broker- total annual PRA burden of 6 hours. the Proposed Rule Change Based on the estimated wage rate, the dealer with respect to access to total cost to the business development The Exchange proposes to list and information concerning the composition company industry of the hour burden trade shares of the Hartford Schroders and/or changes to such investment for complying with Form N–54A would Tax-Aware Bond ETF under NYSE Arca company portfolio.6 In addition, be approximately $2,070. Rule 8.600–E (‘‘Managed Fund Shares’’). The proposed rule change is available 4 A Managed Fund Share is a security that The collection of information under on the Exchange’s Web site at represents an interest in an investment company Form N–54A is mandatory. The www.nyse.com, at the principal office of registered under the Investment Company Act of 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as information provided by the form is not the Exchange, and at the Commission’s kept confidential. An agency may not an open-end investment company or similar entity Public Reference Room. that invests in a portfolio of securities selected by conduct or sponsor, and a person is not its investment adviser consistent with its required to respond to, a collection of II. Self-Regulatory Organization’s investment objectives and policies. In contrast, an information unless it displays a Statement of the Purpose of, and open-end investment company that issues currently valid control number. Statutory Basis for, the Proposed Rule Investment Company Units, listed and traded on the Exchange under NYSE Arca Rule 5.2–E(j)(3), The public may view the background Change seeks to provide investment results that correspond documentation for this information In its filing with the Commission, the generally to the price and yield performance of a specific foreign or domestic stock index, fixed collection at the following Web site, self-regulatory organization included income securities index or combination thereof. www.reginfo.gov. Comments should be statements concerning the purpose of, 5 The Trust is registered under the 1940 Act. On directed to: (i) Desk Officer for the and basis for, the proposed rule change June 26, 2017, the Trust filed with the Commission Securities and Exchange Commission, and discussed any comments it received its registration statement on Form N–1A under the on the proposed rule change. The text Securities Act of 1933 (15 U.S.C. 77a) (‘‘Securities Office of Information and Regulatory Act’’), and under the 1940 Act relating to the Funds Affairs, Office of Management and of those statements may be examined at [sic] (File Nos. 333–215165 and 811–23222) Budget, Room 10102, New Executive the places specified in Item IV below. (‘‘Registration Statement’’). The description of the Office Building, Washington, DC 20503, The Exchange has prepared summaries, operation of the Trust and the Funds [sic] herein _ is based, in part, on the Registration Statement. In or by sending an email to: Shagufta set forth in sections A, B, and C below, addition, the Commission has issued an order [email protected]; and (ii) Pamela of the most significant parts of such granting certain exemptive relief to the Trust under Dyson, Director/Chief Information statements. the 1940 Act. See Investment Company Act Release Officer, Securities and Exchange No. 32454 (January 27, 2017) (File No. 812–13828– A. Self-Regulatory Organization’s 01) (‘‘Exemptive Order’’). Commission, c/o Remi Pavlik-Simon, Statement of the Purpose of, and the 6 An investment adviser to an open-end fund is 100 F Street NE., Washington, DC 20549 required to be registered under the Investment _ Statutory Basis for, the Proposed Rule or send an email to: PRA Mailbox@ Change Advisers Act of 1940 (the ‘‘Advisers Act’’). As a sec.gov. Comments must be submitted to result, the Manager and Sub-Adviser and their 1. Purpose related personnel are subject to the provisions of OMB within 30 days of this notice. Rule 204A–1 under the Advisers Act relating to Dated: October 26, 2017. The Exchange proposes to list and codes of ethics. This Rule requires investment trade shares (‘‘Shares’’) of the Hartford advisers to adopt a code of ethics that reflects the Eduardo A. Aleman, fiduciary nature of the relationship to clients as Assistant Secretary. well as compliance with other applicable securities 1 15 U.S.C. 78s(b)(1). [FR Doc. 2017–23658 Filed 10–30–17; 8:45 am] laws. Accordingly, procedures designed to prevent 2 15 U.S.C. 78a. the communication and misuse of non-public BILLING CODE P 3 17 CFR 240.19b–4. Continued
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Commentary .06 further requires that Fund will invest principally (that is, (except California, New York and Texas) personnel who make decisions on the more than 50% of its assets) in the U.S. or U.S. territory to 25% of the Fund’s open-end fund’s portfolio composition dollar-denominated, fixed income debt total assets. must be subject to procedures designed instruments described below. The Fund may hold restricted to prevent the use and dissemination of The fixed income debt instruments in securities, which are securities that material nonpublic information which the Fund may invest as part of its cannot be offered for public resale regarding the open-end fund’s portfolio. principal investment strategy are unless registered under the applicable Neither the Manager nor Sub-Adviser is securities issued or guaranteed by the securities laws or that have a registered as a broker-dealer but each is U.S. government and its agencies, contractual restriction that prohibits or affiliated with a broker-dealer. The government-sponsored enterprise limits their resale. Restricted securities Manager and Sub-Adviser each has securities, corporate bonds, agency include private placement securities implemented and will maintain a ‘‘fire mortgage-backed securities (including that have not been registered under the wall’’ with respect to such broker-dealer ‘‘to be announced’’ or ‘‘TBA’’ applicable securities laws, such as Rule affiliate regarding access to information transactions), agency asset-backed 144A securities, and securities of U.S. concerning the composition of and/or securities (‘‘ABS’’), ‘‘Municipal and non-U.S. issuers that are issued changes to the Fund’s portfolio.7 In the Securities’’ (as described below), pursuant to Regulation S. event (a) the Manager or Sub-Adviser sovereign debt and debt securities Other Investments becomes registered as a broker-dealer or issued by supranational organizations. newly affiliated with a broker-dealer, or They may pay fixed, variable, or floating While the Fund, under normal market (b) any new adviser or sub-adviser to the interest rates. The Fund may invest in conditions, will invest principally in the Fund is a registered broker-dealer or U.S. dollar denominated foreign securities and financial instruments becomes affiliated with a broker-dealer, securities. The Fund may also invest in described above, the Fund may invest the applicable adviser or sub-adviser cash and cash equivalents.9 its remaining assets in the securities and will implement and maintain a ‘‘fire According to the Registration financial instruments described below. wall’’ with respect to its relevant Statement, in seeking to achieve the The Fund may invest in non-agency personnel or broker-dealer affiliate Fund’s investment objective, the Sub- ABS, which are securities backed by a regarding access to information Adviser will employ a tax-aware pool of some underlying asset, concerning the composition and/or investing strategy that attempts to including but not limited to home changes to the Fund’s portfolio. realize total return for shareholders, equity loans, installment sale contracts, primarily in the form of current income credit card receivables or other assets. Hartford Schroders Tax-Aware Bond The Fund may invest in collateralized and price appreciation, by balancing ETF debt obligations (‘‘CDOs’’), which investment considerations and tax include collateralized bond obligations Principal Investments considerations. (‘‘CBOs’’), collateralized loan According to the Registration According to the Registration obligations (‘‘CLOs’’) and other similarly Statement, the Fund may invest in the Statement, the Fund will seek total structured securities. return on an after-tax basis. The Fund following Municipal Securities: General The Fund may invest in non-agency will seek to achieve its investment obligation bonds; revenue (or limited mortgage-related securities. objective by investing in a diversified obligation) bonds; private activity (or The Fund may invest in the securities portfolio of fixed income debt industrial development) bonds; bonds of other registered investment instruments of varying maturities. that are collateralized with agency and/ companies, including exchange-traded Under normal market conditions,8 the or treasury securities, municipal notes; funds (‘‘ETFs’’).11 municipal lease obligations; and The Fund may engage actively in information by an investment adviser must be municipal inverse floaters.10 The Fund’s transactions in derivatives (futures, consistent with Rule 204A–1 under the Advisers investments in Municipal Securities Act. In addition, Rule 206(4)–7 under the Advisers options, swaps and forward rate Act makes it unlawful for an investment adviser to will be diversified among issuers in at agreements), as described below. The provide investment advice to clients unless such least 10 states and U.S. territories. The Fund will normally use derivatives to investment adviser has (i) adopted and Fund may invest up to 40% of the supplement the effective management of implemented written policies and procedures Fund’s total assets in Municipal reasonably designed to prevent violation, by the its duration profile, to gain exposure to investment adviser and its supervised persons, of Securities of issuers in each of particular securities or markets, in the Advisers Act and the Commission rules adopted California, New York and Texas. The connection with hedging transactions, thereunder; (ii) implemented, at a minimum, an Fund will limit its investments in or for purposes of efficient portfolio annual review regarding the adequacy of the Municipal Securities of any one state policies and procedures established pursuant to management, including managing cash subparagraph (i) above and the effectiveness of their flows or as part of the Fund’s risk implementation; and (iii) designated an individual 9 For purposes of this filing, cash equivalents are management process. (who is a supervised person) responsible for money market funds and the following short-term The Fund may invest in U.S and administering the policies and procedures adopted instruments with maturities of less than three under subparagraph (i) above. months: (i) Certificates of deposit issued against foreign exchange-traded and over-the 7 While the Sub-Adviser is not registered as a funds deposited in a bank or savings and loan counter (‘‘OTC’’) put and call options. broker-dealer, it has a wholly-owned broker-dealer association; (ii) bankers’ acceptances, which are The Fund may engage in options subsidiary. This broker-dealer is limited purpose short-term credit instruments used to finance transactions on any security, index or and exists solely to serve as the distributor of commercial transactions; (iii) U.S. Government pooled investment vehicles for which the Sub- obligations or corporate debt obligations (including instrument in which it may invest. Adviser acts as an investment adviser. This broker- those subject to repurchase agreements); (iv) bank dealer does not execute securities transactions or time deposits; and (v) commercial paper. 11 For purposes of this filing, ETFs include accept customer funds. For purposes of this filing, 10 Municipal inverse floaters are a type of inverse Investment Company Units (as described in NYSE the term ‘‘firewall’’ shall mean that personnel of floater in which a municipal bond is deposited with Arca Rule 5.2–E(j)(3)); Portfolio Depositary Receipts such broker-dealer are subject to procedures a special purpose vehicle (SPV), which issues, in (as described in NYSE Arca Rule 8.100–E); and designed to prevent the use and dissemination of return, the municipal inverse floater (which is Managed Fund Shares (as described in NYSE Arca material non-public information, including comprised of a residual interest in the cash flows Rule 8.600–E). The ETFs all will be listed and information regarding the Fund’s portfolio. and assets of the SPV) plus proceeds from the traded in the U.S. on registered exchanges. The 8 The term ‘‘normal market conditions’’ is defined issuance by the SPV of floating rate certificates to Fund will not invest in inverse or leveraged (e.g., in NYSE Arca Rule 8.600–E(c)(5). third parties. +2x, ¥2X) index ETFs.
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The Fund may invest in U.S and receipt of an order in proper form on an order to create Creation Units (or an foreign exchange-traded and OTC any Business Day. The number of order to redeem Creation Units, as currency options. Shares of the Fund that will constitute discussed below) is placed is referred to The Fund may invest in U.S. and a Creation Unit is 50,000. The size of a as the ‘‘Transmittal Date’’. foreign exchange-traded futures Creation Unit is subject to change. Fund Deposits created through the contracts and options on futures Creation of Shares Clearing Process, if available, must be contracts with respect to equity and delivered through a Participating Party debt securities, foreign currencies, The consideration for purchase of that has executed a Participant aggregates of equity and debt securities Creation Units will generally consist of Agreement. (aggregates are composites of equity or ‘‘Deposit Securities’’ and the ‘‘Cash The Participant Agreement authorizes debt securities that are not tied to a Component’’, which will generally the Transfer Agent to transmit to NSCC commonly known index), interest rates, correspond pro rata, to the extent on behalf of the Participating Party such indices, commodities and other practicable, to the Fund’s securities, or, trade instructions as are necessary to financial instruments. as permitted or required by the Fund, of effect the Participating Party’s creation The Fund may enter into commodity cash. Together, the Deposit Securities order. Pursuant to such trade swaps, total return swaps, currency and Cash Component constitute the instructions from the Transfer Agent to swaps, credit default swaps, asset ‘‘Fund Deposit,’’ which represents the NSCC, the Participating Party agrees to minimum initial and subsequent swaps, inflation swaps, event-linked transfer the requisite Deposit Securities investment amount for a Creation Unit swaps, interest rate swaps, swaps on (or contracts to purchase such Deposit of the Fund. Creation Units of Shares of specific securities or indices, swaps on Securities that are expected to be the Fund may be issued partially for rates (such as mortgage prepayment delivered in a ‘‘regular way’’ manner by cash. rates), municipal credit default swaps, the second Business Day) and the Cash municipal market data derivatives rate The Transfer Agent, through the National Securities Clearing Corporation Component to the Trust, together with locks, caps, collars, and floors. The such additional information as may be Fund may also enter into options on (‘‘NSCC’’), will make available on each Business Day, prior to the Core Trading required by the Transfer Agent and the swap agreements (‘‘swaptions’’). The Distributor as set forth in the Participant Fund may also invest in the Dow Jones Session (subject to amendments) on the Exchange (currently 9:30 a.m., Eastern Agreement. An order to create Creation CDX (‘‘CDX’’), which is a family of Units of the Fund through the Clearing indices that track credit derivative time), the identity and the required number of each Deposit Security and Process is deemed received by the indices in various countries around the Transfer Agent on the Transmittal Date world. Swaps and swaptions can be the amount of the Cash Component to be included in the current Fund Deposit if (i) such order is received by the both exchange traded and OTC. Transfer Agent not later than the Order The Fund may enter into forward rate (based on information at the end of the previous Business Day). Cutoff Time on such Transmittal Date agreements. and (ii) all other procedures set forth in The Fund may invest in inflation- To be eligible to place orders with the Distributor and to create a Creation Unit the Participant Agreement are properly protected debt securities. followed. The Fund may invest in OTC and of the Fund, an entity must be: (i) A Fund Deposits created outside the exchange-traded convertible and ‘‘Participating Party,’’ i.e. a broker- Clearing Process must be delivered nonconvertible preferred stock. dealer or other participant in the The Fund may invest in when-issued clearing process through the Continuous through a DTC Participant that has and delayed delivery securities and Net Settlement System of the NSCC (the executed a Participant Agreement. forward commitments. ‘‘Clearing Process’’); or (ii) a participant Redemption of Shares of Depository Trust Company (‘‘DTC’’) Disclosure of Portfolio Holdings (‘‘DTC Participant’’) and must have Shares may be redeemed only in On each day the NYSE Arca is open executed an agreement with the Creation Units at their NAV next (a ‘‘Business Day’’), before Distributor (and accepted by the determined after receipt of a redemption commencement of trading in Shares on Transfer Agent), with respect to request in proper form on a Business the Exchange, HFMC will disclose the creations and redemptions of Creation Day and only through a Participating Fund’s iNAV Basket.12 Additionally, on Units (‘‘Participant Agreement’’) Party or DTC Participant who has each Business Day, before (discussed below). A Participating Party executed a Participant Agreement. commencement of trading in Shares on or DTC Participant who has executed a With respect to the Fund, the Transfer the Exchange, the Fund will disclose on Participant Agreement is referred to as Agent, through the NSCC, makes its Web site the identities and quantities an ‘‘Authorized Participant.’’ available immediately prior to the of the Fund’s portfolio holdings that Except as described below, and in all opening of business on the Exchange will form the basis for the Fund’s cases subject to the terms of the (currently 9:30 a.m., Eastern time) on calculation of NAV at the end of the applicable Participant Agreement, all each Business Day, the identity of the Business Day. orders to create Creation Units of the Fund’s securities and/or an amount of Fund must be received by the Transfer cash that will be applicable (subject to Creation and Redemption of Shares Agent no later than 1:00 p.m., Eastern possible amendment or correction) to According to the Registration time) in each case on the date such redemption requests received in proper Statement, the Trust will issue and sell order is placed for creation of Creation form (as described below) on that day. Shares of the Fund only in Creation Units to be effected based on the NAV All orders are subject to acceptance by Units at the NAV next determined after of shares of the Fund as next the Distributor. The Fund’s securities determined after receipt of an order in received on redemption will generally 12 An iNAV will be based on the current market proper form. Orders requesting correspond pro rata, to the extent value of the Fund’s portfolio holdings that will form substitution of a ‘‘cash-in-lieu’’ amount practicable, to the Fund’s securities. The the basis for the Fund’s calculation of NAV at the end of the Business Day, as disclosed on the Fund’s or a cash creation, must be received by Fund’s securities received on Web site prior to that Business Day’s the Transfer Agent no later than 1:00 redemption (‘‘Fund Securities’’) may not commencement of trading (the ‘‘iNAV Basket’’). p.m., Eastern time. The date on which be identical to Deposit Securities that
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are applicable to creations of Creation at the time of NAV calculation (the information providers.13 One source of Units. ‘‘Bid-Ask Price’’); (3) a calculation of the price information for municipal Unless cash only redemptions are premium or discount of the Bid-Ask securities is the Electronic Municipal available or specified for the Fund, the Price against such NAV; and (4) data in Market Access (‘‘EMMA’’), which is redemption proceeds for a Creation Unit chart format displaying the frequency administered by the Municipal will generally consist of Fund distribution of discounts and premiums Securities Rulemaking Board. Securities—as announced on the of the Bid-Ask Price against the NAV, Business Day of the request for a within appropriate ranges, for each of Investment Restrictions redemption order received in proper the four previous calendar quarters (or The Fund’s investments will be form—plus cash in an amount equal to for the life of the Fund if, shorter). consistent with its investment goal and the difference between the NAV of the The Fund’s portfolio holdings will be will not be used to provide multiple Shares being redeemed, as next disclosed on the Fund’s Web site daily returns of a benchmark or to produce determined after a receipt of a request after the close of trading on the leveraged returns. in proper form, and the value of the Exchange and prior to the opening of With respect to the Fund’s Fund Securities, less the redemption trading on the Exchange the following investments in Municipal Securities, transaction fee and variable fees day. On a daily basis, the Fund will under normal market conditions, except described below. Notwithstanding the disclose the information required under for periods of high cash inflows or foregoing, the Trust will substitute a NYSE Arca Rule 8.600–E(c)(2) to the outflows, the Fund will satisfy the ‘‘cash-in-lieu’’ amount to replace any extent applicable. The Fund’s following criteria: Fund Security that is a non-deliverable prospectus and Statement of Additional i. The Fund will have a minimum of instrument. Information (‘‘SAI’’) will be available on 20 non-affiliated issuers; Orders to redeem Creation Units of the Fund’s Web site. The Web site ii. No single Municipal Securities the Fund through the Clearing Process, information will be publicly available at issuer will account for more than 10% if available, must be delivered through no charge. of the weight of the Fund’s portfolio; 14 a Participating Party that has executed Investors can also obtain the Fund’s iii. No individual bond will account the Participant Agreement. An order to SAI, shareholder reports, Form N–CSR for more than 5% of the weight of the redeem Creation Units of the Fund and Form N–SAR, filed twice a year. Fund’s portfolio; 15 through the Clearing Process will be The Fund’s SAI and shareholder reports iv. The Fund will limit its deemed received by the Transfer Agent will be available free upon request from investments in Municipal Securities of on the Transmittal Date if such order is the Trust, and those documents and the any one state to 25% of the Fund’s total received by the Transfer Agent not later Form N–CSR and Form N–SAR may be assets, provided that up to and than 1:00 p.m. Eastern time on such viewed on-screen or downloaded from including 40% of the Fund’s total assets Transmittal Date and other applicable the Commission’s Web site at may be invested in Municipal Securities procedures are properly followed. www.sec.gov. Information regarding of issuers in each of California, New Orders to redeem Creation Units of market price and trading volume of the York and Texas; 16 the Fund outside the Clearing Process Shares will be continually available on must be delivered through a DTC a real-time basis throughout the day on 13 Currently, it is the Exchange’s understanding Participant that has executed the brokers’ computer screens and other that several major market data vendors display and/ Participant Agreement. An order to electronic services. Information or make widely available Portfolio Indicative redeem Creation Units of the Fund regarding the previous day’s closing Values taken from CTA or other data feeds. 14 The Exchange notes that the Commission has outside the Clearing Process will be price and trading volume information approved the listing and trading of another issue of deemed received by the Transfer Agent for the Shares will be publicly available Managed Fund Shares that principally holds on the Transmittal Date if such order is and will be published daily in the municipal securities for which no single issuer received by the Transfer Agent not later financial section of newspapers. would account for more than 10% of the weight of Quotation and last sale information the fund’s portfolio. See Securities Exchange Act than 1:00 p.m. Eastern time on such Release No. 79293 (November 10, 2016), 81 FR Transmittal Date and other applicable for the Shares and ETFs will be 81189 (November 17, 2016) (SR–NYSEArca–2016– procedures are properly followed. available via the Consolidated Tape 107) (order approving listing and trading of shares Association (‘‘CTA’’) high-speed line, of Cumberland Municipal Bond ETF under Rule Availability of Information and from the national securities 8.600). 15 The Fund will disclose on the Fund’s The Exchange notes that the Commission has exchanges on which they are listed. approved the listing and trading of another issue of Web site (www.hartfordfunds.com) at Quotation information from brokers Managed Fund Shares that principally holds the start of each Business Day the and dealers or pricing services will be municipal securities for which no single bond identities and quantities of the available for Municipal Securities. Price would exceed 5% of the fund’s portfolio. See securities and other assets held by the information for money market funds Securities Exchange Act Release No. 80885 (June 8, 2017), 82 FR 27302 (June 14, 2017) (order approving Fund that will form the basis of the will be available from the applicable listing and trading of shares of the IQ Municipal Fund’s calculation of its NAV on that investment company’s Web site and Insured ETF, IQ Municipal Short Duration ETF, and Business Day. The portfolio holdings so from market data vendors. Pricing IQ Municipal Intermediate ETF under NYSE Arca disclosed will be based on information information regarding each asset class in Equities Rule 8.600). 16 The Exchange notes that the Commission has as of the close of business on the prior which the Fund will invest will approved the listing and trading of other issues of Business Day and/or trades that have generally be available through Managed Fund Shares that principally hold been completed prior to the opening of nationally recognized data service municipal securities for which the applicable business on that Business Day and that providers through subscription fund’s assets in municipal securities of any one state would be limited to 25% of such fund’s assets. are expected to settle on the Business agreements. In addition, the iNAV See Securities Exchange Act Release Nos. 80885 Day. (which is the Portfolio Indicative Value, (June 8, 2017), 82 FR 27302 (June 14, 2017) (order The Web site for the Fund will as defined in NYSE Arca Rule 8.600– approving listing and trading of shares of the IQ contain the following information, on a E(c)(3)), will be widely disseminated at Municipal Insured ETF, IQ Municipal Short Duration ETF, and IQ Municipal Intermediate ETF per-Share basis, for the Fund: (1) The least every 15 seconds during the Core under NYSE Arca Equities Rule 8.600); 79293 prior Business Day’s NAV; (2) the Trading Session by one or more major (November 10, 2016), 81 FR 81189 (November 17, reported midpoint of the bid-ask spread market data vendors or other 2016) (SR–NYSEArca–2016–107) (order approving
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v. The Fund’s investments in The Exchange believes that it is parameters in NYSE Arca Rule 7.12–E Municipal Securities will be diversified appropriate and in the public interest to have been reached. Trading also may be among issuers in at least 10 states and approve listing and trading of Shares of halted because of market conditions or U.S. territories; 17 the Fund on the Exchange for reasons that, in the view of the vi. The Fund will be diversified notwithstanding that the Fund would Exchange, make trading in the Shares among a minimum of five different not meet the requirements of inadvisable. Trading in the Fund’s sectors of the Municipal Securities Commentary .01(b)(1) to Rule 8.600–E Shares also will be subject to Rule market.18 in that the Fund’s investments in fixed 8.600–E(d)(2)(D) (‘‘Trading Halts’’). Pre-refunded bonds will be excluded income securities, including Municipal Trading Rules from the above limits given that they Securities, will be well-diversified. have a high level of credit quality and The Exchange believes that permitting The Exchange deems the Shares to be liquidity.19 Fund Shares to be listed and traded on equity securities, thus rendering trading in the Shares subject to the Exchange’s Application of Generic Listing the Exchange, notwithstanding that, as a existing rules governing the trading of Requirements result principally of the Fund’s investments in Municipal Securities, equity securities. Shares will trade on The Exchange is submitting this less than 75% of the weight of the the NYSE Arca Marketplace from 4 a.m. proposed rule change because the Fund’s portfolio may consist of to 8 p.m., Eastern Time in accordance portfolio for the Fund will not meet all components with $100 million with NYSE Arca Rule 7.34–E (Early, of the ‘‘generic’’ listing requirements of minimum or more original principal Core, and Late Trading Sessions). The Commentary .01 to NYSE Arca Rule amount outstanding, would provide the Exchange has appropriate rules to 8.600–E applicable to the listing of Fund with greater ability to select from facilitate transactions in the Shares Managed Fund Shares. The Fund’s a broad range of fixed income securities, during all trading sessions. As provided portfolio will meet all such including Municipal Securities, as in NYSE Arca Rule 7.6–E, the minimum requirements except for those set forth described above, that would support the price variation (‘‘MPV’’) for quoting and in Commentary .01(b)(1).20 Fund’s investment goal. entry of orders in equity securities The Exchange believes that, traded on the NYSE Arca Marketplace is listing and trading of shares of Cumberland notwithstanding that the Fund’s $0.01, with the exception of securities Municipal Bond ETF under Rule 8.600); 78913 that are priced less than $1.00 for which (September 23, 2016) (SR–Nasdaq–2016–002) (order portfolio may not satisfy Commentary approving listing and trading of the First Trust .01(b)(1) to Rule 8.600–E, the Fund will the MPV for order entry is $0.0001. Municipal High Income ETF of First Trust not be susceptible to manipulation. As With the exception of the Exchange-Traded Fund III). noted above, with respect to the Fund’s requirements of Commentary .01(b)(1) to 17 The Exchange notes that the Commission has Rule 8.600–E as described above in approved the listing and trading of another issue of investments in Municipal Securities, Managed Fund Shares that principally holds such securities will be diversified ‘‘Application of Generic Listing municipal securities and for which the fund’s assets among a minimum of 20 non-affiliated Requirements’’, the Shares of the Fund would be diversified among issuers in 10 states. See issuers; no single Municipal Securities will conform to the initial and Securities Exchange Act Release No. 80865 (June 6, continued listing criteria under NYSE 2017), 82 FR 26970 (June 12, 2017) (order approving issuer will account for more than 10% listing and trading of shares of the Franklin Liberty of the weight of the Fund’s portfolio; no Arca Rule 8.600–E. Consistent with Intermediate Municipal Opportunities ETF and individual bond will account for more NYSE Arca Rule 8.600–E(d)(2)(B)(ii), the Franklin Liberty Municipal Bond ETF under NYSE than 5% of the weight of the Fund’s Manager will implement and maintain, Arca Equities Rule 8.600). or be subject to, procedures designed to 18 The Fund’s investments in Municipal portfolio; the Fund will limit its Securities will include investments in state and investments in Municipal Securities of prevent the use and dissemination of local (e.g., county, city, town) Municipal Securities any one state to 25% of the Fund’s total material non-public information relating to such sectors as the following: Airports; assets, provided that up to and regarding the actual components of the bridges and highways; hospitals; housing; jails; Fund’s portfolio. The Exchange mass transportation; nursing homes; parks; public including 40% of the Fund’s total assets buildings; recreational facilities; school facilities; may be invested in Municipal Securities represents that, for initial and continued streets; and water and sewer works. of issuers in each of California, New listing, the Fund will be in compliance 22 19 The Exchange notes that the Commission has York and Texas; and the Fund’s with Rule 10A–3 under the Act, as approved the listing and trading of another issue of investments in Municipal Securities provided by NYSE Arca Rule 5.3–E. A Managed Fund Shares that principally holds minimum of 100,000 Shares will be municipal securities for which pre-refunded bonds will be diversified among issuers in at were excluded from the specified limits in the least 10 states and U.S. territories and outstanding at the commencement of fund’s municipal bond investments. See Securities will be diversified among a minimum of trading on the Exchange. The Exchange Exchange Act Release No. 80865 (June 6, 2017), 82 five different sectors of the Municipal will obtain a representation from the FR 26970 (June 12, 2017) (order approving listing issuer of the Shares that the NAV per and trading of shares of the Franklin Liberty Securities market. Intermediate Municipal Opportunities ETF and The Exchange notes that, other than Share will be calculated daily and that Franklin Liberty Municipal Bond ETF under NYSE Commentary .01(b)(1) to Rule 8.600–E, the NAV and the Disclosed Portfolio Arca Equities Rule 8.600). Pre-refunded bonds (also the Fund’s portfolio will meet all other will be made available to all market known as refunded or escrow-secured bonds) have participants at the same time. The a high level of credit quality and liquidity because requirements of Rule 8.600–E. the issuer ‘‘pre-refunds’’ the bond by setting aside Fund’s investments will be consistent in advance all or a portion of the amount to be paid Trading Halts with its investment goal and will not be to the bondholders when the bond is called. With respect to trading halts, the used to provide multiple returns of a Generally, an issuer uses the proceeds from a new benchmark or to produce leveraged bond issue to buy high grade, interest bearing debt Exchange may consider all relevant securities, including direct obligations of the U.S. factors in exercising its discretion to returns. government, which are then deposited in an halt or suspend trading in the Shares of Surveillance irrevocable escrow account held by a trustee bank the Fund.21 Trading in Shares of the to secure all future payments of principal and Fund will be halted if the circuit breaker The Exchange represents that trading interest on the pre-refunded bonds. in the Shares will be subject to the 20 Commentary .01(b)(1) to NYSE Arca Rule 8.600–E provides that components that in the minimum original principal amount outstanding of existing trading surveillances, aggregate account for at least 75% of the fixed $100 million or more. income weight of the portfolio each shall have a 21 See NYSE Arca Rule 7.12–E. 22 17 CFR 240.10A–3.
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administered by the Financial Industry In addition, the Exchange also has a 2. Statutory Basis Regulatory Authority (‘‘FINRA’’) on general policy prohibiting the The basis under the Act for this behalf of the Exchange, or by regulatory distribution of material, non-public proposed rule change is the requirement staff of the Exchange, which are information by its employees. under Section 6(b)(5) 25 that an All statements and representations designed to detect violations of exchange have rules that are designed to made in this filing regarding (a) the Exchange rules and applicable federal prevent fraudulent and manipulative securities laws. The Exchange description of the portfolio, (b) acts and practices, to promote just and represents that these procedures are limitations on portfolio holdings or equitable principles of trade, to remove adequate to properly monitor Exchange reference assets, or (c) the applicability impediments to, and perfect the trading of the Shares in all trading of Exchange listing rules specified in mechanism of a free and open market sessions and to deter and detect this rule filing shall constitute and, in general, to protect investors and violations of Exchange rules and federal continued listing requirements for the public interest. securities laws applicable to trading on listing the Shares of the Fund on the The Exchange believes that the the Exchange.23 Exchange. The surveillances referred to above The issuer has represented to the proposed rule change is designed to generally focus on detecting securities Exchange that it will advise the prevent fraudulent and manipulative trading outside their normal patterns, Exchange of any failure by the Fund to acts and practices in that the Shares will which could be indicative of comply with the continued listing be listed and traded on the Exchange manipulative or other violative activity. requirements, and, pursuant to its pursuant to the initial and continued When such situations are detected, obligations under Section 19(g)(1) of the listing criteria in NYSE Arca Rule surveillance analysis follows and Act, the Exchange will monitor for 8.600–E. The Exchange has in place investigations are opened, where compliance with the continued listing surveillance procedures that are appropriate, to review the behavior of requirements. If the Fund is not in adequate to properly monitor trading in all relevant parties for all relevant compliance with the applicable listing the Shares in all trading sessions and to trading violations.24 requirements, the Exchange will deter and detect violations of Exchange The Exchange or FINRA, on behalf of commence delisting procedures under rules and applicable federal securities the Exchange, or both, will NYSE Arca Rule 5.5–E(m). laws. The Exchange or FINRA, on behalf communicate as needed regarding of the Exchange, or both, will Information Bulletin trading in the Shares, ETFs, certain communicate as needed regarding exchange-traded options and certain Prior to the commencement of trading in the Shares, ETFs, certain exchange-traded futures with other trading, the Exchange will inform its exchange-traded options and certain markets and other entities that are Equity Trading Permit Holders in an exchange-traded futures with other members of the ISG, and the Exchange Information Bulletin (‘‘Bulletin’’) of the markets and other entities that are or FINRA, on behalf of the Exchange, or special characteristics and risks members of the ISG, and the Exchange both, may obtain trading information associated with trading the Shares. or FINRA, on behalf of the Exchange, or regarding trading in the Shares, ETFs, Specifically, the Bulletin will discuss both, may obtain trading information certain exchange-traded options and the following: (1) The procedures for regarding trading in the Shares, ETFs, certain exchange-traded futures from purchases and redemptions of Shares in certain exchange-traded options and such markets and other entities. In Creation Unit aggregations (and that certain exchange-traded futures from addition, the Exchange may obtain Shares are not individually redeemable); such markets and other entities. In information regarding trading in the (2) NYSE Arca Rule 9.2–E(a), which addition, the Exchange may obtain Shares, ETFs, certain exchange-traded imposes a duty of due diligence on its information regarding trading in the options and certain exchange-traded Equity Trading Permit Holders to learn Shares, ETFs, certain exchange-traded futures from markets and other entities the essential facts relating to every options and certain exchange-traded that are members of ISG or with which customer prior to trading the Shares; (3) futures from markets and other entities the Exchange has in place a the risks involved in trading the Shares that are members of ISG or with which comprehensive surveillance sharing during the Early and Late Trading the Exchange has in place a agreement. In addition, FINRA, on Sessions when an updated iNAV will comprehensive surveillance sharing behalf of the Exchange, is able to access, not be calculated or publicly agreement. In addition, FINRA, on as needed, trade information for certain disseminated; (4) how information behalf of the Exchange, is able to access, fixed income securities held by the regarding the iNAV and the Disclosed as needed, trade information for certain Fund reported to FINRA’s Trade Portfolio is disseminated; (5) the fixed income securities held by the Reporting and Compliance Engine requirement that Equity Trading Permit Fund reported to TRACE. FINRA also (‘‘TRACE’’). FINRA also can access data Holders deliver a prospectus to can access data obtained from the MSRB obtained from the Municipal Securities investors purchasing newly issued relating to municipal bond trading Rulemaking Board (‘‘MSRB’’) relating to Shares prior to or concurrently with the activity for surveillance purposes in municipal bond trading activity for confirmation of a transaction; and (6) connection with trading in the Shares. surveillance purposes in connection trading information. Neither the Manager nor Sub-Adviser is with trading in the Shares. In addition, the Bulletin will registered as a broker-dealer but each is reference that the Fund is subject to affiliated with a broker-dealer. The 23 FINRA conducts cross-market surveillances on various fees and expenses described in Manager and Sub-Adviser each has behalf of the Exchange pursuant to a regulatory the Registration Statement. The Bulletin services agreement. The Exchange is responsible for implemented a ‘‘fire wall’’ with respect FINRA’s performance under this regulatory services will discuss any exemptive, no-action, to such broker-dealer affiliate regarding agreement. and interpretive relief granted by the access to information concerning the 24 For a list of the current members of ISG, see Commission from any rules under the composition of and/or changes to the www.isgportal.org. The Exchange notes that not all Act. The Bulletin will also disclose that Fund’s portfolio.26 components of the Disclosed Portfolio may trade on the NAV for the Shares will be markets that are members of ISG or with which the Exchange has in place a comprehensive calculated after 4:00 p.m., Eastern Time 25 15 U.S.C. 78f(b)(5). surveillance sharing agreement. each trading day. 26 See note 7, supra.
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The Exchange believes that it is market transparency. Quotation and last C. Self-Regulatory Organization’s appropriate and in the public interest to sale information for the Shares and Statement on Comments on the approve listing and trading of Shares of ETFs will be available via the CTA high- Proposed Rule Change Received From the Fund on the Exchange speed line, and from the national Members, Participants, or Others notwithstanding that the Fund would securities exchanges on which they are No written comments were solicited not meet the requirements of listed. Prior to the commencement of or received with respect to the proposed Commentary .01(b)(1) to Rule 8.600–E trading, the Exchange will inform its rule change. in that the Fund’s investments in Equity Trading Permit Holders in an Municipal Securities will be well- Information Bulletin of the special III. Date of Effectiveness of the diversified. characteristics and risks associated with Proposed Rule Change and Timing for The Exchange believes that permitting trading the Shares. Trading in Shares of Commission Action Fund Shares to be listed and traded on the Fund will be halted if the circuit Within 45 days of the date of the Exchange notwithstanding that, as a breaker parameters in NYSE Arca Rule publication of this notice in the Federal result principally of the Fund’s 7.12–E have been reached or because of Register or within such longer period investments in Municipal Securities, market conditions or for reasons that, in up to 90 days (i) as the Commission may less than 75% of the weight of the the view of the Exchange, make trading designate if it finds such longer period Fund’s portfolio may consist of in the Shares inadvisable. Trading in the to be appropriate and publishes its components with $100 million Shares will be subject to NYSE Arca reasons for so finding or (ii) as to which minimum or more original principal Rule 8.600–E(d)(2)(D), which sets forth the self-regulatory organization amount outstanding would provide the circumstances under which Shares of consents, the Commission will: Fund with greater ability to select from the Funds [sic] may be halted. In (A) By order approve or disapprove a broad range of Municipal Securities, addition, as noted above, investors will the proposed rule change, or as described above, that would support have ready access to information (B) institute proceedings to determine the Fund’s investment goal. regarding the Fund’s holdings, the whether the proposed rule change The Exchange believes that, iNAV, the Disclosed Portfolio, and should be disapproved. notwithstanding that the Fund’s quotation and last sale information for portfolio may not satisfy Commentary the Shares. IV. Solicitation of Comments .01(b)(1) to Rule 8.600–E, the Fund’s The proposed rule change is designed Interested persons are invited to portfolio will not be susceptible to to perfect the mechanism of a free and manipulation. As noted above, with open market and, in general, to protect submit written data, views, and respect to the Fund’s investments in investors and the public interest in that arguments concerning the foregoing, Municipal Securities, such securities it will facilitate the listing and trading including whether the proposed rule will be diversified among a minimum of of an additional type of actively- change is consistent with the Act. 20 non-affiliated issuers; no single managed exchange-traded product that Comments may be submitted by any of Municipal Securities issuer will account principally will hold fixed income the following methods: for more than 10% of the weight of the securities and that will enhance Electronic Comments Fund’s portfolio; no individual bond competition among market participants, • Use the Commission’s Internet will account for more than 5% of the to the benefit of investors and the comment form (http://www.sec.gov/ weight of the Fund’s portfolio; the Fund marketplace. As noted above, the rules/sro.shtml) ; or will limit its investments in Municipal Exchange has in place surveillance • Securities of any one state to 25% of the procedures relating to trading in the Send an email to rule-comments@ Fund’s total assets, provided that up to Shares and may obtain information via sec.gov. Please include File Number SR– and including 40% of the Fund’s total ISG from other exchanges that are NYSEArca–2017–99 on the subject line. assets may be invested in Municipal members of ISG or with which the Paper Comments Securities of issuers in each of Exchange has entered into a • Send paper comments in triplicate California, New York and Texas; and the comprehensive surveillance sharing to Secretary, Securities and Exchange Fund’s investments in Municipal agreement. In addition, as noted above, Commission, 100 F Street NE., Securities will be diversified among investors will have ready access to Washington, DC 20549–1090. issuers in at least 10 states and will be information regarding the Fund’s diversified among a minimum of five holdings, iNAV, Disclosed Portfolio, All submissions should refer to File different sectors of the Municipal and quotation and last sale information Number SR–NYSEArca–2017–99. This Securities market. The Exchange notes for the Shares. file number should be included on the that, other than Commentary .01(b)(1) to subject line if email is used. To help the Rule 8.600–E, the Fund’s portfolio will B. Self-Regulatory Organization’s Commission process and review your meet all other requirements of Rule Statement on Burden on Competition comments more efficiently, please use 8.600–E. The Exchange does not believe that only one method. The Commission will The proposed rule change is designed the proposed rule change will impose post all comments on the Commission’s to promote just and equitable principles any burden on competition that is not Internet Web site (http://www.sec.gov/ of trade and to protect investors and the necessary or appropriate in furtherance rules/sro.shtml). Copies of the public interest in that the Exchange will of the purpose of the Act. The Exchange submission, all subsequent obtain a representation from the issuer notes that the proposed rule change will amendments, all written statements of the Shares that the NAV per Share facilitate the listing and trading of an with respect to the proposed rule will be calculated daily and that the additional type of actively-managed change that are filed with the NAV and the Disclosed Portfolio will be exchange-traded product that Commission, and all written made available to all market principally will hold fixed income communications relating to the participants at the same time. In securities and that will enhance proposed rule change between the addition, a large amount of information competition among market participants, Commission and any person, other than is publicly available regarding the Fund to the benefit of investors and the those that may be withheld from the and the Shares, thereby promoting marketplace. public in accordance with the
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provisions of 5 U.S.C. 552, will be The text of the proposed rule change • References to ‘‘NASDAQ Execution available for Web site viewing and is available on the Exchange’s Web site Services, LLC’’ will be changed to as printing in the Commission’s Public at http://nasdaqbx.cchwallstreet.com/, ‘‘Nasdaq Execution Services, LLC’’. Reference Room, 100 F Street NE., at the principal office of the Exchange, • In all instances where the word Washington, DC 20549 on official and at the Commission’s Public ‘‘the’’ should have been capitalized, business days between the hours of Reference Room. (e.g., By-Law, Section 4.13(c)), the 10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s Exchange will make the appropriate filing also will be available for Statement of the Purpose of, and correction. inspection and copying at the principal Statutory Basis for, the Proposed Rule No other changes are being proposed office of the Exchange. All comments Change in this filing. The Exchange represents received will be posted without change. that these changes are concerned solely Persons submitting comments are In its filing with the Commission, the with the administration of the Exchange cautioned that we do not redact or edit Exchange included statements and do not affect the meaning, personal identifying information from concerning the purpose of and basis for administration, or enforcement of any comment submissions. You should the proposed rule change and discussed rules of the Exchange or the rights, submit only information that you wish any comments it received on the obligations, or privileges of Exchange to make available publicly. All proposed rule change. The text of these members or their associated persons in submissions should refer to File statements may be examined at the any way. Accordingly, this filing is Number SR–NYSEArca–2017–99 and places specified in Item IV below. The being submitted under Rule 19b-4(f)(3). should be submitted on or before Exchange has prepared summaries, set In lieu of providing a copy of the November 21, 2017. forth in sections A, B, and C below, of marked changes, the Exchange For the Commission, by the Division of the most significant aspects of such represents that it will make the Trading and Markets, pursuant to delegated statements. necessary non-substantive revisions to 27 authority. A. Self-Regulatory Organization’s the Certificate of Incorporation, Second Eduardo A. Aleman, Statement of the Purpose of, and Amended Limited Liability Company Assistant Secretary. Statutory Basis for, the Proposed Rule Agreement, By-Laws and Rulebook and [FR Doc. 2017–23582 Filed 10–30–17; 8:45 am] Change post updated versions of each on the BILLING CODE 8011–01–P Exchange’s Web site pursuant to Rule 1. Purpose 19b–4(m)(2). The purpose of this filing is to reflect The Exchange notes that the following SECURITIES AND EXCHANGE in the Exchange’s governing documents references are not being amended in the COMMISSION (and the governing documents of its Exchange’s governing documents and parent company) 3 and the Exchange’s the Exchange’s Rulebook: [Release No. 34–81948; File No. SR–BX– • Any name with a trademark (TM) or 2017–046] Rulebook a non-substantive corporate branding change to the Exchange’s service mark (SM) attached to the name. • Self-Regulatory Organizations; name.4 Specifically, current references Any references in the Certificate of NASDAQ BX, Inc.; Notice of Filing and will be changed as follows: Incorporation which references a prior Immediate Effectiveness of Proposed • References to ‘‘NASDAQ’’ will be name of the Exchange and reflects a Rule Change Relating to the changed to ‘‘Nasdaq’’. historical date wherein that name was Exchange’s Name Change • References to ‘‘NASDAQ BX, Inc.’’ in effect. or ‘‘NASDAQ BX’’ will be changed to 2. Statutory Basis October 25, 2017. ‘‘Nasdaq BX, Inc.’’ or ‘‘Nasdaq BX’’. Pursuant to Section 19(b)(1) of the • The Exchange believes that its References to ‘‘The NASDAQ Stock proposal is consistent with Section 6(b) Securities Exchange Act of 1934 Market LLC’’ or ‘‘NASDAQ Stock 1 2 of the Act,7 in general, and furthers the (‘‘Act’’), and Rule 19b–4 thereunder, Market LLC’’ will be changed to ‘‘The objectives of Section 6(b)(5) of the Act,8 notice is hereby given that on October Nasdaq Stock Market LLC’’. 18, 2017, NASDAQ BX, Inc. (‘‘BX’’ or • in particular, in that it is designed to References to ‘‘NASDAQ PHLX promote just and equitable principles of ‘‘Exchange’’) filed with the Securities LLC’’ or ‘‘NASDAQ PHLX’’ will be and Exchange Commission (‘‘SEC’’ or trade, to remove impediments to and changed to ‘‘Nasdaq PHLX LLC’’ or perfect the mechanism of a free and ‘‘Commission’’) the proposed rule ‘‘Nasdaq PHLX’’. change as described in Items I, II, and open market and a national market • References to ‘‘The NASDAQ OMX III, below, which Items have been system, and, in general to protect Group, Inc.’’ or ‘‘NASDAQ OMX Group, prepared by the Exchange. The investors and the public interest by Inc.’’ will be changed to ‘‘Nasdaq, Inc.’’ 5 avoiding confusion with the name. The Commission is publishing this notice to • solicit comments on the proposed rule In addition to the preceding Exchange proposes to conform its name change from interested persons. changes, all references to ‘‘OMX’’ will to that of its parent, Nasdaq Inc., by be removed from the Rulebook.6 changing the capitalization in the word I. Self-Regulatory Organization’s ‘‘NASDAQ’’ to ‘‘Nasdaq.’’ The Exchange Statement of the Terms of Substance of 3 The Exchange proposes to amend: (i) The also proposes to amend the names of the Proposed Rule Change Certificate of Incorporation; (ii) Second Amended affiliated markets in a similar manner, Limited Liability Company Agreement; (iii) By- The Exchange proposes to amend its Laws; and (iv) Rule Book. by changing the name ‘‘NASDAQ’’ to rules as well as certain corporate 4 NASDAQ PHLX LLC and The NASDAQ Stock ‘‘Nasdaq.’’ The name change of the documents of the Exchange to reflect Market LLC will also be filing similar rule changes. Exchange as well as other name changes legal name changes. 5 See Securities Exchange Act Release No. 75421 to related entities are non-substantive (July 10, 2015), 80 FR 42136 (July 16, 2015) (SR– changes. No changes to the ownership BSECC–2015–001, SR–BX–2015–030, SR– 27 17 CFR 200.30–3(a)(12). NASDAQ–2015–058, SR–Phlx–2015–46, SR–SCCP– 1 15 U.S.C. 78s(b)(1). 2015–01). 7 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 6 Id. 8 15 U.S.C. 78f(b)(5).
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or structure of the Exchange have taken All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 place. Number SR–BX–2017–046. This file notice is hereby given that on October number should be included on the 11, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or B. Self-Regulatory Organization’s subject line if email is used. To help the ‘‘Exchange’’) filed with the Securities Statement on Burden on Competition Commission process and review your and Exchange Commission The Exchange does not believe that comments more efficiently, please use (‘‘Commission’’) the proposed rule the proposed rule change will impose only one method. The Commission will change as described in Items I and II any burden on competition not post all comments on the Commission’s below, which Items have been prepared necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ by the Exchange. The Commission is of the purposes of the Act. The name rules/sro.shtml). Copies of the publishing this notice to solicit change will align with the parent submission, all subsequent comments on the proposed rule change company, Nasdaq, Inc. amendments, all written statements from interested persons. C. Self-Regulatory Organization’s with respect to the proposed rule I. Self-Regulatory Organization’s Statement on Comments on the change that are filed with the Statement of the Terms of Substance of Proposed Rule Change Received From Commission, and all written the Proposed Rule Change Members, Participants, or Others communications relating to the proposed rule change between the The Exchange proposes to amend the No written comments were either Commission and any person, other than Exchange’s provisions for excluding a solicited or received. those that may be withheld from the day from its volume calculations for purposes of determining volume based III. Date of Effectiveness of the public in accordance with the provisions of 5 U.S.C. 552, will be pricing, and to adopt language that Proposed Rule Change and Timing for allows the Exchange to remove a day Commission Action available for Web site viewing and printing in the Commission’s Public from Market Maker Plus tiers whenever Pursuant to Section 19(b)(3)(A) of the Reference Room, 100 F Street NE., a day is removed from the Exchange’s 9 10 Act and Rule 19b–4(f)(3) thereunder, Washington, DC 20549, on official volume calculations. The text of the proposed rule change the Exchange has designated this business days between the hours of is available on the Exchange’s Web site proposal as one that is concerned solely 10:00 a.m. and 3:00 p.m. Copies of the at www.ise.com, at the principal office with the administration of the self- filing also will be available for of the Exchange, and at the regulatory organization, and therefore inspection and copying at the principal Commission’s Public Reference Room. has become effective. office of the Exchange. All comments At any time within 60 days of the received will be posted without change. II. Self-Regulatory Organization’s filing of the proposed rule change, the Persons submitting comments are Statement of the Purpose of, and Commission summarily may cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule temporarily suspend such rule change if personal identifying information from Change it appears to the Commission that such comment submissions. You should In its filing with the Commission, the action is necessary or appropriate in the submit only information that you wish Exchange included statements public interest, for the protection of to make available publicly. All concerning the purpose of and basis for investors, or otherwise in furtherance of submissions should refer to File the proposed rule change and discussed the purposes of the Act. If the Number SR–BX–2017–046 and should any comments it received on the Commission takes such action, the be submitted on or before November 21, proposed rule change. The text of these Commission shall institute proceedings 2017. statements may be examined at the to determine whether the proposed rule places specified in Item IV below. The should be approved or disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated Exchange has prepared summaries, set IV. Solicitation of Comments authority.11 forth in sections A, B, and C below, of Interested persons are invited to Eduardo A. Aleman, the most significant aspects of such submit written data, views, and Assistant Secretary. statements. arguments concerning the foregoing, [FR Doc. 2017–23584 Filed 10–30–17; 8:45 am] A. Self-Regulatory Organization’s including whether the proposed rule BILLING CODE 8011–01–P Statement of the Purpose of, and change is consistent with the Act. Statutory Basis for, the Proposed Rule Comments may be submitted by any of Change the following methods: SECURITIES AND EXCHANGE COMMISSION 1. Purpose Electronic Comments The purpose of the proposed rule • [Release No. 34–81941; File No. SR–ISE– Use the Commission’s Internet 2017–93] change is to amend the Exchange’s comment form (http://www.sec.gov/ provisions for excluding a day from its rules/sro.shtml); or Self-Regulatory Organizations; Nasdaq volume calculations for purposes of • Send an email to rule-comments@ ISE, LLC; Notice of Filing and determining volume based pricing, and sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed to adopt language that allows the BX–2017–046 on the subject line. Rule Change To Amend Rules for Exchange to remove a day from Market Excluding Days From the Exchange’s Maker Plus tiers whenever a day is Paper Comments ADV and Market Maker Plus Tier removed from the Exchange’s volume • Send paper comments in triplicate Calculations in the Schedule of Fees calculations. to Brent J. Fields, Secretary, Securities To avoid penalizing members when and Exchange Commission, 100 F Street October 25, 2017. aberrant low volume days result from NE., Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the systems or other issues at the Exchange, Securities Exchange Act of 1934 9 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 10 17 CFR 240.19b–4(f)(3). 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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or where the Exchange closes early for Market Maker taker fee discount in believes that market participants will be holiday observance, the Exchange has complex orders that is also based on incentivized to send both simple and language in its Schedule of Fees Priority Customer Complex ADV; 7 and complex order flow without concern on allowing it to exclude certain days from (2) Member Order Routing Program days whether a market event has its average daily volume (‘‘ADV’’) rebates.8 The Exchange now believes occurred. This rule change will simplify calculations. Currently, language in the that it is appropriate to expand this the operation of this rule. The Exchange Exchange’s Schedule of Fees provides provision to cover all ADV calculations notes that NASDAQ PHLX, LLC that, for purposes of determining ADV rather than limit it to specific (‘‘Phlx’’), which also trades complex for certain incentive programs,3 any day enumerated programs. Applying this orders, excludes a day for the entire that the Exchange, or complex order rule to all ADV calculations will benefit market rather than only for a specific book, as appropriate, is not open for the members by permitting the Exchange to segment of order flow.9 entire trading day or the Exchange exclude aberrant low volume days from Finally, the Exchange operates a instructs members in writing to route its ADV calculations regardless of the Market Maker Plus program that their orders to other markets may be specific pricing program impacted. As is provides tiered rebates to Market excluded from such calculation; the case today, the Exchange will only Makers 10 in Select Symbols 11 based on provided that the Exchange will only remove the day for members that would time at the national best bid or offer remove the day for members that would have a lower ADV with the day (‘‘NBBO’’). Specifically, a Market Maker have a lower ADV with the day included. Plus is a Market Maker who is on the included. The proposed rule change Furthermore, the current rules for NBBO a specified percentage of the time would: (1) Apply the rules for excluding removing a day may be applied for series trading between $0.03 and a day to all ADV calculations rather separately for the regular and complex $3.00 (for options whose underlying than specified incentive programs,4 and order books, allowing the Exchange to stock’s previous trading day’s last sale (2) remove the Exchange’s ability to remove a day based on separate impact price was less than or equal to $100) separately exclude a day for the regular to the regular or complex market. In and between $0.10 and $3.00 (for and complex order books.5 As proposed, connection with the changes discussed options whose underlying stock’s with these two changes, the Exchange’s above, the Exchange also proposes to previous trading day’s last sale price rules will state that any day that the eliminate the ability to separately was greater than $100) in premium in market is not open for the entire trading exclude a day for the regular and each of the front two expiration months. day or the Exchange instructs members complex order books by adding the The specified percentage is at least 80% in writing to route their orders to other general interpretation to the Preface but lower than 85% of the time for markets may be excluded from the ADV section so that it applies universally. Tier 1, at least 85% but lower than 95% calculation; provided that the Exchange Although the Exchange had previously of the time for Tier 2, and at least 95% 12 will only remove the day for members filed rule changes that consider the of the time for Tier 3. Market Makers that would have a lower ADV with the regular and complex order books that qualify for Market Maker Plus day included. The Exchange will inform separately, the Exchange no longer receive a maker rebate for regular orders members of any day that is to be believes that it is necessary to do so, and in Select Symbols of $0.15 per contract will therefore not exclude days where, for Tier 1, $0.18 per contract for excluded from its ADV calculations 13 through an Options Trader Alert. for example, only the complex order Tier 2, and $0.22 per contract for book experiences a systems issue. With Tier 3,14 instead of the regular maker fee Currently, the Exchange’s rules for this rule change the Exchange would of $0.10 per contract.15 Market Maker removing a day from its ADV generally exclude days for either the Plus is designed to reward Maker calculations apply to specific ADV simple or complex order books where Makers that make quality markets. As calculations. In particular, the Exchange any systems issue occurs. The discussed above, however, member can remove a day from tier calculations Exchange’ tiers seek to incentive market for the following programs: (1) Priority participants to transact a greater amount 9 See the Preface to Phlx’s Pricing Schedule. Customer complex order rebates,6 and a of liquidity on the ISE markets. The 10 The term ‘‘Market Makers’’ refers to Exchange does not desire to ‘‘Competitive Market Makers’’ and ‘‘Primary Market 3 Makers’’ collectively. See ISE Rule 100(a)(25). The current language in the Schedule of Fees disincentive a member simply because applies to the calculation of Priority Customer 11 ‘‘Select Symbols’’ are options overlying all Complex ADV used to determine pricing for the day is shortened due to a holiday or symbols listed on the Nasdaq ISE that are in the Priority Customer complex order tiers and a because the market has experienced an Penny Pilot Program. discounted Market Maker taker fee in complex unexpected closure. The proposal seeks 12 A Market Maker’s single best and single worst orders. See Schedule of Fees, II. Complex Order to provide market participants with the quoting days each month based on the front two Fees and Rebates. It also applies to the calculation expiration months, on a per symbol basis, will be of a member’s ADV in unsolicited Crossing Orders ability to plan for and in the case of excluded in calculating whether a Market Maker for the Member Order Routing Program. See unexpected events, not be harmed by qualifies for this rebate, if doing so will qualify a Schedule of Fees, IV. Other Options Fees and shortened or closed days. By not Market Maker for the rebate. Rebates, E. Member Order Routing Program. considering the simple and complex 13 This rebate is $0.16 per contract in SPY and 4 See id. Since the proposed language will now QQQ, except when trading against complex orders apply to all current and future programs order books separately, the Exchange that leg into the regular book. A Market Maker that administered by the Exchange that are based on achieves Tier 2 Market Maker Plus in either SPY or ADV, the Exchange proposes to move it to the on the regular order book. See Section I and II of QQQ will receive this rebate in both SPY and QQQ. Preface of its Schedule of Fees. For example, PIM ISE’s Schedule of Fees. 14 This rebate is $0.20 per contract in SPY and and FX Options tiered pricing, currently in the 7 The Market Maker complex order taker fee in QQQ, except when trading against complex orders Schedule of Fees at Sections III would now be Select Symbols fee is reduced from $0.47 per that leg into the regular book under footnote 10 subject to the proposed rule change in the Preface contract to $0.44 per contract for Market Makers above. A Market Maker that achieves Tier 3 Market as a result of this rule change. with total affiliated Priority Customer Complex Maker Plus in either SPY or QQQ will receive this 5 See Securities Exchange Act Release No. 73601 ADV of 150,000 or more contracts. See Section I of rebate in both SPY and QQQ. (November 11, 2014), 79 FR 69170 (November 20, ISE’s Schedule of Fees. 15 A $0.10 per contract fee applies when trading 2014) (SR–ISE–2014–51). 8 The Member Order Routing Program is a against Priority Customer complex orders that leg 6 The Exchange provides ADV based tiered program that provides tiered rebates to order into the regular order book. There will be no fee rebates to Priority Customer complex orders that routing firms that select the Exchange as the default charged or rebate provided when trading against trade with non-Priority Customer orders in the routing destination for unsolicited Crossing Orders. non-Priority Customer complex orders that leg into complex order book or trade with quotes and orders See Section IV, E of the Schedule of Fees. the regular order book.
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participation, including Market Maker is reasonable and equitable as it holiday observance. While Market participation, is generally lower on days provides a new framework for removing Makers can plan for known events, such when the Exchange is experiencing a days from the Exchange’s volume as a holiday, they are unable to plan for system or other issue that results in the calculations that the Exchange believes market events which may close the market not being open for the entire is beneficial to members. The proposed market for part of a trading day. The trading day or the Exchange instructing rule change would apply the rules for Exchange believes that permitting the members in writing to route their orders excluding a day to all ADV calculations exception for the unanticipated event to other markets. Similar to the rather than specified incentive therefore provides flexibility to Market treatment described above for ADV programs, thereby further protecting Makers in anticipating where to send calculations, the Exchange similarly members if the Exchange experiences a order flow. The Exchange desires to believes that it is appropriate to remove systems or other issue that results in a incentivize Market Makers to send order these days from the Market Maker Plus day being excluded from the Exchange’s flow to ISE to meet their tier calculation to avoid penalizing Market ADV calculations. Without this change, requirements. The Exchange believes Makers on days that the Exchange is members would only have the day that this is appropriate to incentivize experiencing an issue. The Exchange excluded for the specific ADV based Market Makers to continue making therefore proposes to adopt language pricing programs described in this quality markets where the Exchange is that provides that, other than days filing, and would not get the benefit for not experiencing an issue and merely where the Exchange closes early for other un-enumerated programs. While closes early for holiday observance. holiday observance, any day that the the Exchange had previously filed to Finally, the Exchange believes that the market is not open for the entire trading separately consider the regular and proposed language for the Market Maker day or the Exchange instructs members complex books, the Exchange no longer Plus tier calculation is not unfairly in writing to route their orders to other believes that this authority is necessary. discriminatory as all Market Makers markets may be excluded from the By not considering the simple and have the ability to qualify for Market Market Maker Plus tier calculation; complex order books separately, the Maker Plus by making quality markets provided that the Exchange will only Exchange believes that market on the Exchange and can therefore remove the day for members that would participants will be incentivized to send benefit from the proposed changes. As have a lower time at the NBBO for the both simple and complex order flow explained above, all members also specified series with the day included. without concern on days whether a benefit from a similar provision that The proposed rule text would allow market event has occurred. The applies to the Exchange’s ADV the Exchange to provide relief to Market Exchange believes that this change will calculations. Makers as to the Market Maker Plus tier make this rule easier to administer calculation similar to that provided for B. Self-Regulatory Organization’s without having a significant impact on Statement on Burden on Competition ADV tiers, except that the Exchange members. Moreover, the Exchange The Exchange does not believe that does not proposes to use this authority believes that the proposed changes the proposed rule change will impose to remove days from the Market Maker preserve the Exchange’s intent behind any burden on competition not Plus tier calculation where the adopting volume-based pricing. Finally, necessary or appropriate in furtherance Exchange closes early for holiday the Exchange further believes that the observance. While Market Makers can of the purposes of the Act. The proposed change is not unfairly proposed rule change would apply the plan for known events, such as a discriminatory because it applies holiday, they are unable to plan for rules for excluding a day to all ADV equally to all members and ADV calculations rather than specified market events which may close the calculations. market for part of a trading day. The incentive programs, thereby further Exchange believes that permitting the The Exchange also believes that the protecting members if the Exchange exception for the unanticipated event proposed language for Market Maker experiences a systems or other issue that therefore provides flexibility to Market Plus tier calculations is reasonable and results in a day being excluded from the Makers in anticipating where to send equitable since it would allow the Exchange’s ADV calculations. This rule order flow. The Exchange desires to Exchange to remove a day from its changes does not impose an undue incentivize Market Makers to send order Market Maker Plus tier calculations in burden on competition because without flow to ISE to meet their tier similar circumstances as the Exchange this change, members would only have requirements. currently removes days from its ADV the day excluded for the specific ADV calculations, and only when beneficial based pricing programs described in this 2. Statutory Basis to the member. The Exchange believes filing, and would not get the benefit for The Exchange believes that its that this proposed change is appropriate other un-enumerated programs. The proposal is consistent with Section 6(b) as it avoids penalizing Market Makers Exchange will uniformly apply the of the Act,16 in general, and furthers the on days where the Exchange is proposed language related to ADV based objectives of Sections 6(b)(4) and 6(b)(5) experiencing a systems or other issue. pricing programs. The proposal to not of the Act,17 in particular, in that it Without this change, Market Makers consider the simple and complex order provides for the equitable allocation of that are wary of participation on the books separately does not impose an reasonable dues, fees, and other charges Exchange following an issue at the undue burden on competition because among members and issuers and other Exchange could fall into a lower Market the Exchange would uniformly calculate persons using any facility, and is not Maker Plus tier, resulting in an effective the ADV based pricing programs in a designed to permit unfair cost increase for those members. The uniform manner for all market discrimination between customers, proposed language for removing a day participants. The Exchange believes that issuers, brokers, or dealers. from the Market Maker Plus tier this change will make this rule easier to The Exchange believes that the calculation mirrors the language administer without having a significant proposed change to the ADV calculation currently in place for the ADV impact on members. Moreover, the calculation, except that the Exchange Exchange believes that the proposed 16 15 U.S.C. 78f(b). proposes that it will not remove days changes preserve the Exchange’s intent 17 15 U.S.C. 78f(b)(4) and (5). where the Exchange closes early for behind adopting volume-based pricing.
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Finally, the Exchange further believes Necessary or appropriate in the public Number SR–ISE–2017–93 and should be that the proposed change is not unfairly interest; (ii) for the protection of submitted on or before November 21, discriminatory because it applies investors; or (iii) otherwise in 2017. equally to all members and ADV furtherance of the purposes of the Act. For the Commission, by the Division of calculations. If the Commission takes such action, the Trading and Markets, pursuant to delegated The proposed rule change is designed Commission shall institute proceedings authority.20 adopt a new provision covering the to determine whether the proposed rule Eduardo A. Aleman, Market Make Plus tier calculation. The should be approved or disapproved. Assistant Secretary. proposed language for removing a day [FR Doc. 2017–23580 Filed 10–30–17; 8:45 am] from the Market Maker Plus tier IV. Solicitation of Comments calculation mirrors the language Interested persons are invited to BILLING CODE 8011–01–P currently in place for the ADV submit written data, views, and calculation, except that the Exchange arguments concerning the foregoing, SECURITIES AND EXCHANGE proposes that it will not remove days including whether the proposed rule COMMISSION where the Exchange closes early for change is consistent with the Act. holiday observance. While Market Comments may be submitted by any of [Release No. 34–81947; File No. SR– Makers can plan for known events, such the following methods: BatsBZX–2017–46] as a holiday, they are unable to plan for Electronic Comments Self-Regulatory Organizations; Bats market events which may close the • BZX Exchange, Inc.; Notice of Filing of market for part of a trading day. The Use the Commission’s Internet comment form (http://www.sec.gov/ Amendments No. 2 and No. 3, and Exchange believes that permitting the Order Granting Accelerated Approval exception for the unanticipated event rules/sro.shtml); or • Send an email to rule-comments@ of a Proposed Rule Change, as therefore provides flexibility to Market sec.gov. Please include File Number SR– Modified by Amendments No. 2 and Makers in anticipating where to send ISE–2017–93 on the subject line. No. 3, To List and Trade Shares of the order flow. The Exchange desires to Aptus Fortified Value ETF, a Series of incentivize Market Makers to send order Paper Comments ETF Series Solutions, Under Rule flow to ISE to meet their tier • Send paper comments in triplicate 14.11(c) requirements. The Exchange believes to Secretary, Securities and Exchange that the proposed modifications to its Commission, 100 F Street NE., October 25, 2017. ADV and Market Maker Plus tier Washington, DC 20549–1090. I. Introduction calculations are pro-competitive and All submissions should refer to File On July 10, 2017, Bats BZX Exchange, will result in lower total costs to end Number SR–ISE–2017–93. This file users, a positive outcome of competitive Inc. (‘‘Exchange’’) filed with the number should be included on the Securities and Exchange Commission markets. subject line if email is used. To help the The Exchange operates in a highly (‘‘Commission’’), pursuant to Section Commission process and review your competitive market in which market 19(b)(1) of the Securities Exchange Act comments more efficiently, please use 1 participants can readily direct their of 1934 (‘‘Act’’) and Rule 19b–4 only one method. The Commission will 2 order flow to competing venues. In such thereunder, a proposed rule change to post all comments on the Commission’s an environment, the Exchange must list and trade shares (‘‘Shares’’) of the Internet Web site (http://www.sec.gov/ continually review, and consider Aptus Fortified Value ETF (‘‘Fund’’), a rules/sro.shtml). Copies of the adjusting, its fees and rebates to remain series of ETF Series Solutions (‘‘Trust’’), submission, all subsequent competitive with other exchanges. For under Rule 14.11(c). The proposed rule amendments, all written statements the reasons described above, the change was published for comment in with respect to the proposed rule 3 Exchange believes that the proposed fee the Federal Register on July 28, 2017. change that are filed with the changes reflect this competitive On August 31, 2017, the Exchange filed Commission, and all written environment. Amendment No. 1 to the proposed rule communications relating to the change. On September 8, 2017, pursuant C. Self-Regulatory Organization’s proposed rule change between the to Section 19(b)(2) of the Act,4 the Statement on Comments on the Commission and any person, other than Commission designated a longer period Proposed Rule Change Received From those that may be withheld from the within which to approve the proposed Members, Participants, or Others public in accordance with the rule change, disapprove the proposed No written comments were either provisions of 5 U.S.C. 552, will be rule change, or institute proceedings to solicited or received. available for Web site viewing and determine whether to disapprove the printing in the Commission’s Public proposed rule change.5 On October 6, III. Date of Effectiveness of the Reference Room, 100 F Street NE., 2017, the Exchange filed Amendment Proposed Rule Change and Timing for Washington, DC 20549, on official No. 2 to the proposed rule change, Commission Action business days between the hours of which replaced the proposed rule The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the change, as modified by Amendment effective pursuant to Section filing also will be available for No. 1, in its entirety.6 On October 24, 19(b)(3)(A)(ii) of the Act 18 and Rule inspection and copying at the principal 19b–4(f)(2) 19 thereunder. At any time office of the Exchange. All comments 20 17 CFR 200.30–3(a)(12). within 60 days of the filing of the received will be posted without change. 1 15 U.S.C. 78s(b)(1). proposed rule change, the Commission Persons submitting comments are 2 17 CFR 240.19b–4. summarily may temporarily suspend cautioned that we do not redact or edit 3 See Securities Exchange Act Release No. 81191 personal identifying information from (July 24, 2017), 82 FR 35256. such rule change if it appears to the 4 comment submissions. You should 15 U.S.C. 78s(b)(2). Commission that such action is: (i) 5 See Securities Exchange Act Release No. 81558, submit only information that you wish 82 FR 43278 (September 14, 2017). 18 15 U.S.C. 78s(b)(3)(A)(ii). to make available publicly. All 6 In Amendment No. 2, the Exchange: (1) 19 17 CFR 240.19b–4(f)(2). submissions should refer to File Provided additional information regarding the
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2017, the Exchange filed Amendment related matters, will implement and business day of the applicable month.13 No. 3 to the proposed rule change.7 The maintain, or be subject to, procedures At the time the tail hedge is Commission received no comments on designed to prevent the use and implemented, the put options on the the proposal. The Commission is dissemination of material non-public Underlying ETF will have an expiration publishing this notice to solicit information regarding the Index. date of approximately three months comments on Amendments No. 2 and The Fund will seek to track the from the date the tail hedge is No. 3 from interested persons, and is performance, before fees and expenses, implemented, and the strike price will approving the proposed rule change, as of the Aptus Fortified Value Index. be approximately 30% less than the modified by Amendments No. 2 and No. According to the Exchange, the Index most recent closing price of the 3, on an accelerated basis. does not meet all of the generic listing Underlying ETF. II. Description of the Proposed Rule requirements of Rule 14.11(c)(3)(A)(i). According to the Exchange, the Fund Change, as Modified by Amendments Specifically, Rule 14.11(c)(3)(A)(i) sets may hold: (1) Securities that are No. 2 and No. 3 forth the requirements for components possible constituents of the Index; (2) of an index or portfolio of U.S. cash and cash equivalents; 14 (3) U.S. The Exchange proposes to list and Government securities, including bills, trade the Shares under Rule 14.11(c)(3), Component Stocks, but the Index may include put options, which are not notes, and bonds differing as to maturity which governs the listing and trading of and rates of interest, which are either Index Fund Shares on the Exchange. included in the definition of U.S. Component Stocks.9 The Index will issued or guaranteed by the U.S. The Shares will be offered by the Trust, Treasury or by U.S. Government which was established as a Delaware otherwise conform to the initial and continued listing criteria under Rule agencies or instrumentalities; and (4) statutory trust on February 9, 2012. The other ETFs.15 Trust is registered with the Commission 14.11(c). as an open-end investment company According to the Exchange, the Index III. Discussion and Commission and has filed a registration statement on is a rules-based, equal-weighted index Findings that is designed to gain exposure to 50 behalf of the Fund on Form N–1A After careful review, the Commission of the most undervalued U.S.-listed (‘‘Registration Statement’’) with the finds that the proposed rule change, as 8 common stocks and real estate Commission. Aptus Capital Advisors, modified by Amendments No. 2 and No. investment trusts (‘‘REITs’’), while LLC (‘‘Adviser’’ or ‘‘Index Provider’’) 3, is consistent with the Act and the hedging against significant U.S. equity serves as investment adviser and index rules and regulations thereunder market declines when the market is provider to the Fund. The Index applicable to a national securities overvalued. More specifically, the Index Provider is not a broker-dealer and is exchange.16 In particular, the is composed of an equity component of not affiliated with a broker-dealer. The Commission finds that the proposal is 50 common stocks and REITs 10 and, Index Provider will implement and consistent with Section 6(b)(5) of the maintain a ‘‘fire wall’’ around the when the Index determines that the U.S. personnel who have access to equity market is overvalued, a ‘‘tail 13 On the last business day of each month, any information concerning changes and hedge’’ component of long put options options held by the Index are removed. If the tail 11 adjustments to the Index. The Index is on a large, highly liquid ETF listed on hedge will not be in effect for the following month, calculated by an unaffiliated third party a national securities exchange that the weight of such options, if any, will be who is not a broker-dealer or fund tracks the performance of the large-cap reallocated pro rata to the securities in the Index’s equity component. If the tail hedge will continue advisor. In addition, any advisory U.S. equity market (‘‘Underlying in effect for the following month, the Index is 12 committee, supervisory board, or similar ETF’’). All of the securities included rebalanced such that the tail hedge (with new entity that advises the Index Provider or in the Index are and will be listed on options purchased) has a weight of 0.50% and the that makes decisions on the Index or U.S. exchanges, and all such exchanges equity component securities are adjusted up or are members of the ISG. down pro rata to have a weight of 99.5%. portfolio composition, methodology and 14 Cash equivalents include short-term When the tail hedge is not in effect, instruments (instruments with maturities of less Adviser (as defined below), the Index Provider (as the Index will be composed 100% of the than 3 months) of the following types: (1) U.S. defined below), and the index calculation agent; (2) Government securities, including bills, notes, and amended and provided additional discussions equity component. At the time the tail bonds differing as to maturity and rates of interest, regarding constituents of the Aptus Fortified Value hedge is implemented, the Index will be which are either issued or guaranteed by the U.S. Index (‘‘Index’’) and permitted holdings of the composed 99.5% of the equity Treasury or by U.S. Government agencies or Fund; (3) clarified the types of statements and component and 0.50% the tail hedge instrumentalities; (2) certificates of deposit issued representations made in the proposal that will against funds deposited in a bank or savings and constitute continued listing requirements; and (4) (based on the theoretical dollar value of loan association; (3) bankers’ acceptances, which made other technical, non-substantive, and the Index at the time that the options are are short-term credit instruments used to finance conforming changes. Amendment No. 2 is available added to the Index). Any tail hedge commercial transactions; (4) repurchase agreements at: https://www.sec.gov/comments/sr-batsbzx-2017- implementation will occur on the last and reverse repurchase agreements; (5) bank time 46/batsbzx201746-2630920-161197.pdf. deposits, which are monies kept on deposit with 7 In Amendment No. 3, the Exchange: (1) Clarified banks or savings and loan associations for a stated that all securities included in the Index—rather 9 A ‘‘U.S. Component Stock’’ is an equity security period of time at a fixed rate of interest; (6) than held by the Fund—are listed on U.S. securities that is registered under Sections 12(b) or 12(g) of commercial paper, which are short-term unsecured exchanges that are members of the Intermarket the Act, or an American Depositary Receipt, the promissory notes; and (7) money market funds. Surveillance Group (‘‘ISG’’); and (2) clarified the underlying equity security of which is registered 15 These ETFs include Portfolio Depository Fund’s compliance with various applicable under Sections 12(b) or 12(g) of the Act. See Rule Receipts (as described in Rule 14.11(b)), Index Fund requirements. Amendment No. 3 is available at: 14.11(c)(1)(D). Shares (as described in Rule 14.11(c)), and Managed https://www.sec.gov/comments/sr-batsbzx-2017-46/ 10 The equity component of the Index will meet Fund Shares (as described in Rule 14.11(i)). The batsbzx201746-2651203-161342.pdf. the requirements of Rule 14.11(c)(3)(A)(i). ETFs in which the Fund may invest all will be 8 See Registration Statement on Form N–1A for 11 ETF includes Portfolio Depositary Receipts and listed and traded in the U.S. on national securities the Trust, dated June 8, 2017 (File Nos. 333–179562 Index Fund Shares, as defined in Rules 14.11(b) and exchanges. The Fund may invest in inverse ETFs, and 811–22668). According to the Exchange, the 14.11(c), respectively, or their equivalents on other but will not invest in leveraged (e.g., 2X, ¥2X, 3X, Commission has issued an order, upon which the national securities exchanges. or ¥3X) ETFs. Trust may rely, granting certain exemptive relief 12 The large-cap U.S. equity market tracking ETF 16 In approving this proposed rule change, the under the Investment Company Act of 1940. See with the highest average daily options volume (as Commission has considered the proposed rule’s Investment Company Act Release No. 32110 (May determined annually by the Index rules) will be the impact on efficiency, competition, and capital 10, 2016) (File No. 812–14604). Underlying ETF. formation. See 15 U.S.C. 78c(f).
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Act,17 which requires, among other such rules. In addition, for initial and/ All submissions should refer to File things, that the Exchange’s rules be or continued listing, the Fund must be Number SR–BatsBZX–2017–46. This file designed to prevent fraudulent and in compliance with Rule 10A–3 under number should be included on the manipulative acts and practices, to the Act.19 subject line if email is used. To help the promote just and equitable principles of The Exchange represents that all Commission process and review your trade, to remove impediments to and statements and representations comments more efficiently, please use perfect the mechanism of a free and regarding the index composition, the only one method. The Commission will open market and a national market description of the portfolio or reference post all comments on the Commission’s system, and, in general, to protect assets, limitations on portfolio holdings Internet Web site (http://www.sec.gov/ investors and the public interest. or reference assets, dissemination and rules/sro.shtml). Copies of the The Commission notes that, except for availability of index, reference assets, submission, all subsequent the options position that may be and intraday indicative values, and the amendments, all written statements included in the Index (the aggregate applicability of Exchange listing rules with respect to the proposed rule market value of which is capped at specified in the filing constitute change that are filed with the 0.50% of the theoretical dollar value of continued listing requirements for the Commission, and all written the Index at the time that the options are Fund. The issuer has represented to the communications relating to the added to the Index),18 the Index will Exchange that it will advise the proposed rule change between the satisfy, on an initial and continued Exchange of any failure by the Fund or Commission and any person, other than listing basis, all of the generic listing the Shares to comply with the those that may be withheld from the standards under Rule 14.11(c)(3)(A)(i). continued listing requirements. public in accordance with the All of the securities included in the Pursuant to its obligations under provisions of 5 U.S.C. 552, will be Index are and will be listed on U.S. Section 19(g)(1) of the Act, the Exchange available for Web site viewing and securities exchanges, and all such will surveil for compliance with the printing in the Commission’s Public exchanges are members of the ISG. continued listing requirements. If the Reference Room, 100 F Street NE., Moreover, the Fund may hold only the Fund or the Shares are not in Washington, DC 20549, on official following: Securities that are possible compliance with the applicable listing business days between the hours of constituents of the Index (all of which requirements, the Exchange will 10:00 a.m. and 3:00 p.m. Copies of the will be listed on U.S. securities commence delisting procedures under filing also will be available for exchanges); cash; cash equivalents; U.S. Rule 14.12. This approval order is based inspection and copying at the principal Government securities; and other ETFs on all of the Exchange’s statements and office of the Exchange. All comments (all of which will be listed on U.S. representations, including those set received will be posted without change. securities exchanges). forth above and in Amendments No. 2 Persons submitting comments are The Exchange states that its and No. 3. cautioned that we do not redact or edit surveillance procedures are adequate to For the foregoing reasons, the personal identifying information from properly monitor the trading of the Commission finds that the proposed comment submissions. You should Shares on the Exchange during all rule change, as modified by submit only information that you wish trading sessions and to deter and detect Amendments No. 2 and No. 3, is to make available publicly. All violations of Exchange rules and the consistent with Section 6(b)(5) of the submissions should refer to File applicable Federal securities laws. The Act 20 and the rules and regulations Number SR–BatsBZX–2017–46, and Exchange also states that it may obtain thereunder applicable to a national should be submitted on or before information regarding trading in the securities exchange. November 21, 2017. Shares and the underlying equities and IV. Solicitation of Comments on V. Accelerated Approval of Proposed options contracts held by the Fund and Amendments No. 2 and No. 3 to the Rule Change, as Modified by included in the Index via the ISG from Proposed Rule Change Amendments No. 2 and No. 3 other exchanges who are members or Interested persons are invited to The Commission finds good cause to affiliates of the ISG or with which the approve the proposed rule change, as Exchange has entered into a submit written data, views, and arguments concerning whether modified by Amendments No. 2 and No. comprehensive surveillance sharing 3, prior to the thirtieth day after the date agreement. Amendments No. 2 and No. 3 are consistent with the Act. Comments may of publication of notice of the filing of The Fund will meet and be subject to Amendments No. 2 and No. 3 in the the requirements of Rule 14.11(c), and be submitted by any of the following methods: Federal Register. The Commission other applicable requirements for Index believes that Amendments No. 2 and Fund Shares based on a U.S. equity Electronic Comments No. 3 supplement the proposed rule index or portfolio, including, but not • change by providing clarification and limited to, requirements relating to the Use the Commission’s Internet comment form (http://www.sec.gov/ additional information regarding the dissemination of key information such Index and the Fund.21 The changes and as the Net Asset Value, the Intraday rules/sro.shtml); or • Send an email to rule-comments@ additional information helped the Indicative Value, rules governing the sec.gov. Please include File Number SR– Commission to evaluate the Shares’ trading of equity securities, trading BatsBZX–2017–46 on the subject line. susceptibility to manipulation, and hours, trading halts, surveillance, and whether the listing and trading of the the information circular, as set forth in Paper Comments Shares would be consistent with the Exchange rules applicable to Index • Send paper comments in triplicate protection of investors and the public Fund Shares and the orders approving to Secretary, Securities and Exchange interest. Accordingly, the Commission Commission, 100 F Street NE., finds good cause, pursuant to Section 17 15 U.S.C. 78f(b)(5). Washington, DC 20549–1090. 19(b)(2) of the Act,22 to approve the 18 As noted above, the options will overlie a large, highly liquid ETF listed on a national securities exchange that tracks the performance of the large- 19 17 CFR 240.10A–3. 21 See supra notes 6 and 7. cap U.S. equity market. 20 15 U.S.C. 78f(b)(5). 22 15 U.S.C. 78s(b)(2).
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proposed rule change, as modified by II. Self-Regulatory Organization’s increased (decreased), by the greater of Amendments No. 2 and No. 3, on an Statement of the Purpose of, and $0.15 or the specified percentage. accelerated basis. Statutory Basis for, the Proposed Rule • Limit Order Price Protection: The Change VI. Conclusion Exchange proposes to amend Rule In its filing with the Commission, the It is therefore ordered, pursuant to 7.31E(a)(2)(B) to introduce the same self-regulatory organization included Section 19(b)(2) of the Act,23 that the proposed minimum dollar threshold statements concerning the purpose of, proposed rule change (SR–BatsBZX– that is specified above for the Trading and basis for, the proposed rule change 2017–46), as modified by Amendments Collar, of $0.15, into the Limit Order and discussed any comments it received No. 2 and No. 3 be, and it hereby is, Price Protection calculation. on the proposed rule change. The text approved on an accelerated basis. Accordingly, the proposed rule would of those statements may be examined at provide that a Limit Order to buy (sell) For the Commission, by the Division of the places specified in Item IV below. would be rejected if it was priced at or Trading and Markets, pursuant to delegated 24 The Exchange has prepared summaries, above (below) the greater of $0.15 or a authority. set forth in sections A, B, and C below, Eduardo A. Aleman, specified percentage away from the of the most significant parts of such NBO (NBB). The Exchange believes that Assistant Secretary. statements. the introduction of a minimum dollar [FR Doc. 2017–23583 Filed 10–30–17; 8:45 am] A. Self-Regulatory Organization’s threshold enhances the Limit Order BILLING CODE 8011–01–P Statement of the Purpose of, and the Price Protection and encourages price Statutory Basis for, the Proposed Rule continuity specifically in lower priced SECURITIES AND EXCHANGE Change illiquid securities. COMMISSION 1. Purpose The Exchange believes that adding a minimum dollar threshold to the [Release No. 34–81943; File No. SR– The Exchange proposes to amend NYSEAMER–2017–25] Trading Collar and Limit Order Price NYSE American Equities Rules 7.31E Protection calculations would enhance (Orders and Modifiers) (‘‘Rule 7.31E’’) to Self-Regulatory Organizations; NYSE the respective price protection establish a minimum dollar threshold American LLC; Notice of Filing and mechanisms for securities with a into the price protection mechanisms Immediate Effectiveness of Proposed consolidated last sale price below $1.50 provided for in the rule. Rule Change To Amend NYSE because using the current 10 percent American Equities Rules 7.31E To Background multiplier for such securities would Establish a Minimum Dollar Threshold Rule 7.31E(a)(1)(B) describes the price result in too narrow of a price protection Into the Price Protection Mechanisms protection mechanism for Market mechanism. This proposed rule change Orders, i.e., Trading Collars. Currently, is consistent with how other exchanges October 25, 2017. specify static price collar thresholds for Pursuant to Section 19(b)(1) 1 of the Rule 7.31E(a)(1)(B)(i) provides that the Trading Collar will be based on a price lower-price securities. For example, Securities Exchange Act of 1934 (the NYSE Arca, Inc. (‘‘NYSE Arca’’) Rule ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 that is a specified percentage away from 7.35–E(e)(7) 4 provides that for securities notice is hereby given that on October the consolidated last sale price. Rule with a consolidated last sale price under 13, 2017, NYSE American LLC (the 7.31E(a)(1)(B)(i) further provides that $3.00, the price collar threshold for ‘‘Exchange’’ or ‘‘NYSE American’’) filed the upper (lower) boundary of the auction collars would be a static $0.15 with the Securities and Exchange Trading Collar is the consolidated last instead of 5 percent.5 Commission (the ‘‘Commission’’) the sale price increased (decreased) by the proposed rule change as described in specified percentage truncated to the In addition, the Exchange proposes to Items I and II below, which Items have minimum price variation (‘‘MPV’’) for replace the word ‘‘truncated’’ with the been prepared by the self-regulatory the security. words ‘‘rounded down’’ 6 in Rule Additionally, Rule 7.31E(a)(2)(B) organization. The Commission is 7.31E(a)(1)(B)(i). The Exchange that (‘‘Limit Order Price Protection’’) publishing this notice to solicit believes that conforming the provides the price protection comments on the proposed rule change terminology used within Rule 7.31E 7 mechanism for Limit Orders and that a from interested persons. and elsewhere in Exchange’s rules Limit Order to buy (sell) will be rejected promotes clarity and transparency. I. Self-Regulatory Organization’s if it is priced at or above (below) a Statement of the Terms of Substance of specified percentage away from the 4 See Securities Exchange Act Release No. 79846 the Proposed Rule Change National Best Offer (National Best Bid) (January 19, 2017), 82 FR 8548 (January 26, 2017) The Exchange proposes to amend (‘‘NBO’’ and ‘‘NBB’’, respectively). (SR–NYSEArca–2016–130). 5 NYSE American Equities Rules 7.31E Proposed Changes See also Nasdaq Stock Market LLC (‘‘Nasdaq’’) (Orders and Modifiers) to establish a Rule 4703(d) (providing that ‘‘any portion of a • Trading Collar: The Exchange Primary Pegging Order or Market Pegging Order that minimum dollar threshold into the price proposes to amend Rule 7.31E(a)(1)(B)(i) would execute . . . at a price more than $0.25 or protection mechanisms provided for in 5 percent worse that the NBBO . . . will be to introduce a minimum dollar the rule. The proposed rule change is cancelled)’’ and Bats BZX Exchange, Inc. (‘‘Bats’’) threshold, of $0.15, into the calculation Rule 27.2, Interpretations and Policies .01 and Bats available on the Exchange’s Web site at of the Trading Collar. As such, the Rule 11.13 (stating that Bats ‘‘will not execute any www.nyse.com, at the principal office of proposed rule would provide that the portion of a bid at a price more than the greater of the Exchange, and at the Commission’s 5 cents or 0.5 percent higher than the lowest Trading Collar would be based on a Public Reference Room. Protected Offer’’). price that is the greater of $0.15 or a 6 See Rule 7.46E(f)(2)(A), which provides that references to truncating to the MPV in Exchange 23 Id. specified percentage away from the consolidated last sale price. rules instead mean rounding down to the applicable 24 17 CFR 200.30–3(a)(12). quoting MPV. 1 15 U.S.C.78s(b)(1). Accordingly, the upper (lower) 7 See Rule 7.31E(a)(2)(B) which provides that 2 15 U.S.C. 78a. boundary of the Trading Collar would ‘‘Limit Order Price Protection will be rounded 3 17 CFR 240.19b–4. be the consolidated last sale price down to the nearest price at the applicable MPV.’’
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Implementation and, in general, to protect investors and Electronic Comments the public interest. The Exchange anticipates • Use the Commission’s Internet implementing the proposed changes in B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ the fourth quarter of 2017 and will Statement on Burden on Competition rules/sro.shtml); or announce the timing of such changes by The Exchange does not believe that Trader Update. • Send an email to rule-comments@ the proposed rule change will impose sec.gov. Please include File Number SR– 2. Statutory Basis any burden on competition that is not NYSEAMER–2017–25 on the subject The Exchange believes that the necessary or appropriate in furtherance line. proposed rule change is consistent with of the purposes of the Act. The Section 6(b) of the Exchange Act,8 in proposed rule change is not intended to Paper Comments 9 address competitive issues but rather general, and with Section 6(b)(5), in • Send paper comments in triplicate particular, because it is designed to provide for a more effective price to Secretary, Securities and Exchange prevent fraudulent and manipulative protection mechanism, specifically for Commission, 100 F Street NE., acts and practices, to promote just and lower-priced securities. Washington, DC 20549–1090. equitable principles of trade, to foster C. Self-Regulatory Organization’s cooperation and coordination with Statement on Comments on the All submissions should refer to File persons engaged in facilitating Proposed Rule Change Received From Number SR–NYSEAMER–2017–25. This transactions in securities, to remove Members, Participants, or Others file number should be included on the impediments to, and perfect the No written comments were solicited subject line if email is used. To help the mechanism of, a free and open market or received with respect to the proposed Commission process and review your and a national market system and, in rule change. comments more efficiently, please use general, to protect investors and the only one method. The Commission will public interest. III. Date of Effectiveness of the post all comments on the Commission’s The Exchange believes the proposed Proposed Rule Change and Timing for Internet Web site (http://www.sec.gov/ changes would remove impediments to Commission Action rules/sro.shtml). Copies of the and perfect the mechanism of a free and Because the foregoing proposed rule open market and a national market submission, all subsequent change does not: (i) Significantly affect amendments, all written statements system, and in general, to protect the protection of investors or the public investors and the public interest, with respect to the proposed rule interest; (ii) impose any significant change that are filed with the because they would enhance the burden on competition; and (iii) become Exchange’s price protection Commission, and all written operative for 30 days from the date on communications relating to the mechanisms, which protect from which it was filed, or such shorter time aberrant prices and reduce the proposed rule change between the as the Commission may designate, it has Commission and any person, other than likelihood of halts, thus improving become effective pursuant to Section those that may be withheld from the continuous trading and price discovery. 19(b)(3)(A)(iii) of the Act 12 and public in accordance with the Further, the proposal to enhance the subparagraph (f)(6) of Rule 19b–4 price protection mechanisms by adding thereunder.13 provisions of 5 U.S.C. 552, will be a minimum dollar threshold would At any time within 60 days of the available for Web site viewing and assist with the maintenance of fair and filing of the proposed rule change, the printing in the Commission’s Public orderly markets because such Commission summarily may Reference Room, 100 F Street NE., mechanisms protect investors from temporarily suspend such rule change if Washington, DC 20549, on official potentially receiving executions away it appears to the Commission that such business days between the hours of from the prevailing market prices at any action is: (i) Necessary or appropriate in 10:00 a.m. and 3:00 p.m. Copies of the given time. The proposed changes to the public interest; (ii) for the protection filing also will be available for introduce the $0.15 minimum dollar of investors; or (iii) otherwise in inspection and copying at the principal threshold is not novel and is similar in furtherance of the purposes of the Act. office of the Exchange. All comments nature to that of other national If the Commission takes such action, the received will be posted without change. securities exchanges which incorporate Commission shall institute proceedings Persons submitting comments are dollar thresholds into the calculation of to determine whether the proposed rule cautioned that we do not redact or edit the respective price protection should be approved or disapproved. personal identifying information from 10 mechanisms. submissions. You should submit only For similar reasons, the Exchange also IV. Solicitation of Comments information that you wish to make believes that the proposed rule change Interested persons are invited to available publicly. All submissions is consistent with Section 6(b)(5) of the submit written data, views, and should refer to File Number SR– Act,11 in that it is designed to prevent arguments concerning the foregoing, NYSEAMER–2017–25 and should be fraudulent and manipulative acts and including whether the proposed rule submitted on or before November 21, practices, to promote just and equitable change is consistent with the Act. 2017. principles of trade, to foster cooperation Comments may be submitted by any of and coordination with persons engaged the following methods: For the Commission, by the Division of in facilitating transactions in securities, Trading and Markets, pursuant to delegated 14 to remove impediments to and perfect 12 15 U.S.C. 78s(b)(3)(A)(iii). authority. the mechanism of a free and open 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Eduardo A. Aleman, market and a national market system 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file Assistant Secretary. the proposed rule change at least five business days [FR Doc. 2017–23581 Filed 10–30–17; 8:45 am] 8 15 U.S.C. 78f(b). prior to the date of filing of the proposed rule BILLING CODE 8011–01–P 9 15 U.S.C. 78f(b)(5). change, or such shorter time as designated by the 10 See supra note 4. Commission. The Exchange has satisfied this 11 15 U.S.C. 78f(b)(5). requirement. 14 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE Commission, including whether the Hand/Delivery/Courier: Same as mail COMMISSION information shall have practical utility; address. (b) the accuracy of the Commission’s FOR FURTHER INFORMATION CONTACT: Proposed Collection; Comment estimates of the burden of the proposed Luan Loerch-Wilson, Lead Performance Request collection of information; (c) ways to Analyst, Small Business Administration Upon Written Request, Copies Available enhance the quality, utility, and clarity at [email protected]. From: Securities and Exchange of the information collected; and (d) SUPPLEMENTARY INFORMATION: The draft Commission, Office of FOIA Services, ways to minimize the burden of the Small Business Administration FY 100 F Street NE., Washington, DC collection of information on 2018–2022 Strategic Plan is provided for 20549–2736. respondents, including through the use public input as part of the strategic of automated collection techniques or Extension: planning process under the Government other forms of information technology. Performance and Results Modernization Rule 15c2–1, SEC File No. 270–418, OMB Consideration will be given to Control No. 3235–0485 Act of 2010 (GPRA–MA) (Pub. L. 111– comments and suggestions submitted in 352) to ensure that the public and Notice is hereby given that pursuant writing within 60 days of this stakeholders are provided an to the Paperwork Reduction Act of 1995 publication. (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the An agency may not conduct or opportunity to comment. This Strategic Securities and Exchange Commission sponsor, and a person is not required to Plan provides a framework that will (‘‘Commission’’) is soliciting comments respond to, a collection of information support greater efficiency, effectiveness, on the existing collection of information under the PRA unless it displays a and accountability of SBA’s programs provided for in Rule 15c2–1, (17 CFR currently valid OMB control number. while leveraging partnerships across the 240.15c2–1), under the Securities Please direct your written comments government and private sector to Exchange Act of 1934 (15 U.S.C. 78a et to: Pamela Dyson, Director/Chief maximize the tools small business seq.). The Commission plans to submit Information Officer, Securities and owners and entrepreneurs need to this existing collection of information to Exchange Commission, c/o Remi Pavlik- strengthen our economy, drive the Office of Management and Budget Simon, 100 F Street NE., Washington, American innovation, and increase (‘‘OMB’’) for extension and approval. DC 20549, or send an email to: PRA_ global competitiveness. Rule 15c2–1 prohibits the [email protected]. The SBA proposes four strategic goals for the next five years: (1) Support small commingling under the same lien of Dated: October 26, 2017. securities of margin customers (a) with business revenue and job growth; (2) Eduardo A. Aleman, other customers without their written Build healthy entrepreneurial consent, and (b) with the broker-dealer. Assistant Secretary. ecosystems and create business-friendly The rule also prohibits the re- [FR Doc. 2017–23657 Filed 10–30–17; 8:45 am] environments; (3) Restore small hypothecation of customers’ margin BILLING CODE 8011–01–P businesses and communities after securities for a sum in excess of the disasters; and, (4) Strengthen the SBA’s customer’s aggregate indebtedness. ability to serve small businesses. Pursuant to Rule 15c2–1, respondents SMALL BUSINESS ADMINISTRATION The draft SBA FY 2018–2022 Strategic must collect information necessary to Plan is available through the SBA’s Web prevent the re-hypothecation of Request for Comments on Small site at www.sba.gov/about-sba/sba_ customer securities in contravention of Business Administration Draft FY performance/strategic_planning. 2018–2022 Strategic Plan the rule, issue and retain copies of Tim Gribben, notices of hypothecation of customer AGENCY: Small Business Administration Chief Financial Officer and Associate securities in accordance with the rule, (SBA). Administrator for Performance Management. and collect written consents from ACTION: Notice and request for comment. customers in accordance with the rule. [FR Doc. 2017–23678 Filed 10–30–17; 8:45 am] The information is necessary to ensure SUMMARY: The Small Business BILLING CODE P compliance with the rule, and to advise Administration (SBA) is requesting comments on its draft Strategic Plan for customers of the rule’s protections. SMALL BUSINESS ADMINISTRATION There are approximately 79 fiscal years 2018–2022. The draft plan is respondents (i.e., broker-dealers that available on SBA’s Web site at Reporting and Recordkeeping _ conducted business with the public, www.sba.gov/about-sba/sba Requirements Under OMB Review filed Part II or Part IICSE of the FOCUS performance/strategic_planning. Report, did not claim an exemption DATES: Comments must be received on AGENCY: Small Business Administration. from the Rule 15c3–3 reserve formula or before Thursday, November 30, 2017 ACTION: 30-Day notice. computation, and reported that they had to be assured for consideration. SUMMARY: The Small Business a bank loan during at least one quarter ADDRESSES: You may submit comments of the current year) that require an by the following methods (Please send Administration (SBA) is publishing this aggregate total of 1,778 hours to comply comments by one method only): notice to comply with requirements of with the rule. Each of these Email: Address to StrategicPlan@ the Paperwork Reduction Act (PRA), approximately 79 registered broker- SBA.gov. Include ‘‘Comments on SBA which requires agencies to submit dealers makes an estimated 45 annual FY 2018–2022 Strategic Plan’’ in the proposed reporting and recordkeeping responses. Each response takes email subject line. requirements to OMB for review and approximately 0.5 hours to complete. Mail: Address to Jason Bossie, approval, and to publish a notice in the Thus, the total compliance burden per Director, Office of Performance Federal Register notifying the public year is 1,778 burden hours. Management, US Small Business that the agency has made such a Written comments are invited on: (a) Administration, Office of Performance submission. This notice also allows an Whether the proposed collection of Management and the Chief Financial additional 30 days for public comments. information is necessary for the proper Officer, 409 3rd St. SW., Suite 6000, DATES: Submit comments on or before performance of the functions of the Washington, DC 20416 November 30, 2017.
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ADDRESSES: Comments should refer to SMALL BUSINESS ADMINISTRATION (1) Title: Small Business the information collection by name and/ Administration Application for or OMB Control Number and should be Reporting and Recordkeeping Certificate of Competency. sent to: Agency Clearance Officer, Curtis Requirements Under OMB Review Description of Respondents: Small Rich, Small Business Administration, Businesses. AGENCY: Small Business Administration. 409 3rd Street SW., 5th Floor, Form Number: SBA Form 1531. Washington, DC 20416; and SBA Desk ACTION: 30-Day notice. Estimated Annual Respondents: 300. Officer, Office of Information and Estimated Annual Responses: 300. SUMMARY: The Small Business Regulatory Affairs, Office of Estimated Annual Hour Burden: Administration (SBA) is publishing this 2,400. Management and Budget, New notice to comply with requirements of Executive Office Building, Washington, the Paperwork Reduction Act (PRA), Curtis B. Rich, DC 20503. which requires agencies to submit Management Analyst. FOR FURTHER INFORMATION CONTACT: proposed reporting and recordkeeping [FR Doc. 2017–23620 Filed 10–30–17; 8:45 am] Curtis Rich, Agency Clearance Officer, requirements to OMB for review and BILLING CODE 8025–01–P (202) 205–7030 [email protected]. approval, and to publish a notice in the Federal Register notifying the public COPIES: A copy of the Form OMB 83– that the agency has made such a DEPARTMENT OF STATE 1, supporting statement, and other submission. This notice also allows an documents submitted to OMB for additional 30 days for public comments. [Public Notice: 10180] review may be obtained from the DATES: Submit comments on or before Agency Clearance Officer. Additional Designation of North November 30, 2017. Korean Entities Pursuant to E.O. 13382 SUPPLEMENTARY INFORMATION: To obtain ADDRESSES: Comments should refer to the information needed to carry out its the information collection by name and/ AGENCY: Department of State. oversight responsibilities under the or OMB Control Number and should be ACTION: Additional identifying Small Business Investment Act, the sent to: Agency Clearance Officer, Curtis information concerning the designated Small Business Administration (SBA) Rich, Small Business Administration, entities Namchongang Trading requires Small Business Investment 409 3rd Street SW., 5th Floor, Corporation and Korea Tangun Trading Companies (SBICs) to submit financial Washington, DC 20416; and SBA Desk Corporation, pursuant to E.O. 13382. statements and supplementary Officer, Office of Information and SUMMARY: information on SBA Form 468. SBA Regulatory Affairs, Office of Pursuant to the authority in uses this information to monitor SBIC Management and Budget, New section 1(a)(ii) of Executive Order financial condition and regulatory Executive Office Building, Washington, 13382, ‘‘Blocking Property of Weapons compliance, for credit analysis when DC 20503. of Mass Destruction Proliferators and Their Supporters’’, the Secretary of considering SBIC leverage applications, FOR FURTHER INFORMATION CONTACT: State, in consultation with the Secretary and to evaluate financial risk and Curtis Rich, Agency Clearance Officer, of the Treasury and the Attorney economic impact for individual SBICs (202) 205–7030 [email protected]. General, has determined that the Korea and the program as a whole. COPIES: A copy of the Form OMB 83– Kuryonggang Trading Corporation is an Solicitation of Public Comments: 1, supporting statement, and other alias of Korea Tangun Trading Comments may be submitted on (a) documents submitted to OMB for Corporation, and that the Korea whether the collection of information is review may be obtained from the Taeryonggang Trading Corporation is an necessary for the agency to properly Agency Clearance Officer. alias of Namchongang Trading perform its functions; (b) whether the SUPPLEMENTARY INFORMATION: A small Corporation, both of which have burden estimates are accurate; (c) business determined to be non- previously been designated pursuant to whether there are ways to minimize the responsible for award of a specific Executive Order 13382. burden, including through the use of prime Government contract by a DATES: The designation of and automated techniques or other forms of Government contracting office has the additional identifying information for information technology; and (d) whether right to appeal that decision through the the entities identified in this notice there are ways to enhance the quality, Small Business Administration (SBA). pursuant to Executive Order 13382 is utility, and clarity of the information. The information contained on this form, effective upon publication of this notice. Summary of Information Collections: as well as, other information developed FOR FURTHER INFORMATION CONTACT: Title: SBIC Financial Reports. by SBA, is used in determining whether Philip Foley, Director, Office of the decision by the Contracting Officer Counterproliferation Initiatives, Bureau Frequency: On Occasion. should be overturned. of International Security and SBA Form Numbers: 468.1, 468.2, Solicitation of Public Comments: Nonproliferation, Department of State, 468.3, 468.4. Comments may be submitted on (a) Washington, DC 20520, tel.: 202–647– Description of Respondents: Small whether the collection of information is 5193. Business Investment Companies and necessary for the agency to properly Background: On June 28, 2005, the Small Businesses. perform its functions; (b) whether the President, invoking the authority, inter burden estimates are accurate; (c) alia, of the International Emergency Responses: 1,189. whether there are ways to minimize the Economic Powers Act (50 U.S.C. 1701– Annual Burden: 29,041. burden, including through the use of 1706) (‘‘IEEPA’’), issued Executive automated techniques or other forms of Order 13382 (70 FR 38567, July 1, 2005) Curtis B. Rich, information technology; and (d) whether (the ‘‘Order’’), effective at 12:01 a.m. Management Analyst. there are ways to enhance the quality, eastern daylight time on June 30, 2005. [FR Doc. 2017–23614 Filed 10–30–17; 8:45 am] utility, and clarity of the information. In the Order the President took BILLING CODE 8025–01–P Summary of Information Collections: additional steps with respect to the
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national emergency described and • Location: Chilgol, Mangyongdae 10. Closing Comments—DFO and declared in Executive Order 12938 of District, Pyongyang, Democratic Chairs November 14, 1994, regarding the People’s Republic of Korea 11. Adjourn proliferation of weapons of mass Rex W. Tillerson, destruction and the means of delivering Attendance is open to the interested them. Secretary of State. public but limited to space availability. Section 1 of the Order blocks, with [FR Doc. 2017–23573 Filed 10–30–17; 8:45 am] With the approval of the Chairman, certain exceptions, all property and BILLING CODE 4710–35–P members of the public may present oral interests in property that are in the statements at the meeting. Persons United States, or that hereafter come wishing to present statements or obtain within the United States or that are or DEPARTMENT OF TRANSPORTATION information should contact the person hereafter come within the possession or listed in the FOR FURTHER INFORMATION control of United States persons, of: (1) Federal Aviation Administration CONTACT section. Members of the public The persons listed in the Annex to the may present a written statement to the Eighteenth Tactical Operations committee at any time. Order; (2) any foreign person Committee (TOC) Meeting determined by the Secretary of State, in Issued in Washington, DC, on October 26, consultation with the Secretary of the AGENCY: Federal Aviation 2017. Treasury, the Attorney General, and Administration (FAA), U.S. Department Mohannad Dawoud, other relevant agencies, to have of Transportation (DOT). Management & Program Analyst, Partnership engaged, or attempted to engage, in ACTION: Eighteenth TOC Meeting. Contracts Branch, ANG–A17, NextGen, activities or transactions that have Procurement Services Division, Federal materially contributed to, or pose a risk SUMMARY: The FAA is issuing this notice Aviation Administration. of materially contributing to, the to advise the public of a meeting of the [FR Doc. 2017–23612 Filed 10–30–17; 8:45 am] proliferation of weapons of mass Eighteenth TOC Meeting. BILLING CODE 4910–13–P destruction or their means of delivery DATES: The meeting will be held (including missiles capable of delivering December 5, 2017, 09:00 a.m.–4:00 p.m., such weapons), including any efforts to Eastern Daylight Time. DEPARTMENT OF TRANSPORTATION manufacture, acquire, possess, develop, ADDRESSES: The meeting will be held at: Federal Aviation Administration transport, transfer or use such items, by National Business Aviation Association, any person or foreign country of 1200 G Street NW., Suite 1100, Thirteenth RTCA SC–229 406 MHz ELT proliferation concern; (3) any person Washington, DC 20005. Joint Plenary With EUROCAE WG–98 determined by the Secretary of the FOR FURTHER INFORMATION CONTACT: Trin Treasury, in consultation with the Mitra, TOC Secretariat, 202–330–0665, AGENCY: Federal Aviation Secretary of State, the Attorney General, [email protected], 1150 18th Street NW., Administration (FAA), U.S. Department and other relevant agencies, to have Suite 910, Washington, DC 20036, or by of Transportation (DOT). provided, or attempted to provide, telephone at (202) 833–9339, fax at (202) financial, material, technological or ACTION: Thirteenth RTCA SC–229 406 833–9434, or Web site at http:// other support for, or goods or services MHz ELT Joint Plenary with EUROCAE www.rtca.org. in support of, any activity or transaction WG–98. described in clause (2) above or any SUPPLEMENTARY INFORMATION: Pursuant person whose property and interests in to section 10(a)(2) of the Federal SUMMARY: The FAA is issuing this notice property are blocked pursuant to the Advisory Committee Act (Pub. L. 92– to advise the public of a meeting of Order; and (4) any person determined 463, 5 U.S.C., App.), notice is hereby Thirteenth RTCA SC–229 406 MHz ELT by the Secretary of the Treasury, in given of the Eighteenth TOC Meeting. Joint Plenary with EUROCAE WG–98. consultation with the Secretary of State, The TOC is a component of RTCA, DATES: The meeting will be held the Attorney General, and other relevant which is a Federal Advisory Committee. December 12–15, 2017 9:00 a.m.–5:00 agencies, to be owned or controlled by, The agenda will include the following: p.m. or acting or purporting to act for or on December 5, 2017, 09:00 a.m. to 4:00 behalf of, directly or indirectly, any p.m., Eastern Daylight Time ADDRESSES: The meeting will be held at: person whose property and interests in 1. Welcome and Introductions of TOC RTCA Headquarters, 1150 18th Street property are blocked pursuant to the Members NW., Suite 910, Washington, DC 20036. Order. 2. Official Statement of Designated FOR FURTHER INFORMATION CONTACT: Information on the additional Federal Officer Rebecca Morrison at [email protected] designees is as follows: 3. Review and Approval of Meeting or 202–330–0654, or The RTCA Name: Namchongang Trading Summary From the Previous TOC Secretariat, 1150 18th Street NW., Suite Corporation Meeting 910, Washington, DC, 20036, or by 4. FAA Update • telephone at (202) 833–9339, fax at (202) AKA: Korea Taeryonggang Trading 5. Consideration of Draft 833–9434, or Web site at http:// Corporation Recommendations From the www.rtca.org. • AKA: Namhung Trading Corporation Common Support Services Flight • Location: Jungsin-Dong, Sosong Data Task Group SUPPLEMENTARY INFORMATION: Pursuant District, Pyongyang, Democratic 6. FAA Response on Previous TOC to section 10(a) (2) of the Federal People’s Republic of Korea Recommendations Advisory Committee Act (Pub. L. 92– 7. Update on Ongoing Task on 463, 5 U.S.C., App.), notice is hereby Name: Korea Tangun Trading Intentional GPS Interference given for a meeting of the Thirteenth Corporation 8. Discussion of Future/Potential RTCA SC–229 406 MHz ELT Joint • AKA: Korea Kuryonggang Trading Tasks Plenary with EUROCAE WG–98. The Corporation 9. Other Business agenda will include the following:
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Tuesday, December 12, 2017 9:00 DEPARTMENT OF TRANSPORTATION (3) On other measures that might be a.m.–5:00 p.m. taken to accommodate the interests of Federal Aviation Administration visitors to national parks; and 1. Welcome/Introductions/ (4) At the request of the Administrator Administrative Remarks/DFO Membership in the National Parks and the Director, safety, environmental, FACA Statement Overflights Advisory Group and other issues related to commercial 2. Agenda overview and approval AGENCY: Federal Aviation air tour operations over a national park 3. Minutes Paris meeting review and Administration, (FAA), DOT. or tribal lands.’’ approval ACTION: Solicitation of applications. Membership 4. Review Action Items from Paris The current NPOAG is made up of meeting SUMMARY: The Federal Aviation Administration (FAA) and the National one member representing general 5. Review work plan for the week, Park Service (NPS) invite interested aviation, three members representing timeline and Terms of Reference persons to apply to fill one current the commercial air tour industry, four 6. Working group of the whole meeting vacancy and one upcoming vacancy on members representing environmental to resolve the comments on the the National Parks Overflights Advisory concerns, and two members draft document Group (NPOAG). This notice invites representing Native American interests. Current members of the NPOAG are as Wednesday, December 13, 2017 9:00 interested persons to apply to fill the openings, one of which represents air follows: a.m.–5:00 p.m. Melissa Rudinger representing general tour operator interests and one of which aviation; Alan Stephen and Matt 7. Working group of the whole meeting represents Native American concerns. Zuccaro represent commercial air tour to resolve the comments on the DATES: Persons interested in these draft document operators with one current opening; Rob membership openings will need to Smith, Dick Hingson, Les Blomberg, and Thursday, December 14, 2017 9:00 apply by December 8, 2017. John Eastman represent environmental a.m.–5:00 p.m. FOR FURTHER INFORMATION CONTACT: interests; and Leigh Kuwanwisiwma Keith Lusk, Special Programs Staff, and Martin Begaye represent Native 8. Working group of the whole meeting Federal Aviation Administration, American tribes. Mr. Kuwanwisiwma’s to resolve the comments on the Western-Pacific Region Headquarters, 3-year term expires on April 2, 2018. draft document 15000 Aviation Boulevard, Lawndale, Selections Friday, December 15, 2017 9:00 a.m.– CA 90261, telephone: (310) 725–3808, 5:00 p.m. email: [email protected]. In order to retain balance within the SUPPLEMENTARY INFORMATION: NPOAG, the FAA and NPS are seeking 9. Working group of the whole meeting candidates interested in filling one open to resolve the comments on the Background seat representing air tour operator draft document The National Parks Air Tour interests and one upcoming vacancy 10. Action item review Management Act of 2000 (the Act) was representing Native American concerns. 11. Consider a motion to open Final enacted on April 5, 2000, as Public Law The FAA and NPS invite persons Review and Comment/Open 106–181, and subsequently amended in interested in these openings on the Consultation on the revision to the FAA Modernization and Reform Act NPOAG to contact Mr. Keith Lusk RTCA/DO–204B, EUROCAE ED– of 2012. The Act required the (contact information is written above in 62B establishment of the advisory group FOR FURTHER INFORMATION CONTACT). within 1 year after its enactment. The Requests to serve on the NPOAG must 12. Future meeting plans and dates for NPOAG was established in March 2001. be made to Mr. Lusk in writing and formal FRAC/Open Consultation The advisory group is comprised of a postmarked or emailed on or before resolution balanced group of representatives of December 8, 2017. The request should 13. Other business general aviation, commercial air tour indicate whether or not you are a 14. Adjourn operations, environmental concerns, member of an air tour operator and Native American tribes. The association or company or whether you Attendance is open to the interested Administrator of the FAA and the are a member of a Native American public but limited to space availability. Director of NPS (or their designees) tribe. The request should also state what With the approval of the chairman, serve as ex officio members of the expertise you would bring to the members of the public may present oral group. Representatives of the NPOAG as related to issues and statements at the meeting. Persons Administrator and Director serve concerns with aircraft flights over wishing to present statements or obtain alternating 1-year terms as chairman of national parks and/or tribal lands. The information should contact the person the advisory group. term of service for NPOAG members is listed in the FOR FURTHER INFORMATION In accordance with the Act, the 3 years. Current members may re-apply CONTACT section. Members of the public advisory group provides ‘‘advice, for another term. may present a written statement to the information, and recommendations to On August 13, 2014, the Office of committee at any time. the Administrator and the Director- Management and Budget issued revised Issued in Washington, DC, on October 26, (1) On the implementation of this title guidance regarding the prohibition 2017. [the Act] and the amendments made by against appointing or not reappointing Mohannad Dawoud, this title; federally registered lobbyists to serve on Management & Program Analyst, Partnership (2) On commonly accepted quiet advisory committees (79 Federal Contracts Branch, ANG–A17, NextGen, aircraft technology for use in Register 47482). Procurement Services Division, Federal commercial air tour operations over a Therefore, before appointing an Aviation Administration. national park or tribal lands, which will applicant to serve on the NPOAG, the [FR Doc. 2017–23611 Filed 10–30–17; 8:45 am] receive preferential treatment in a given FAA and NPS will require the BILLING CODE 4910–13–P air tour management plan; prospective candidate to certify that
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they are not a federally registered see the Public Participation heading changes. Carriers can also request lobbyist. below. Note that all comments received reinstatement of a revoked operating Issued in Hawthorne, CA, on October 26, will be posted without change to http:// authority either via fax or online via the 2017. www.regulations.gov, including any L&I Web site. About 39% of name Keith Lusk personal information provided. Please change, address change, and reinstatement requests are received by Program Manager, Special Programs Staff, see the Privacy Act heading below. Western-Pacific Region. Docket: For access to the docket to mail; 38% are filed online; and 23% are read background documents or filed by faxing a request letter to MC– [FR Doc. 2017–23672 Filed 10–30–17; 8:45 am] comments received, go to http:// RS. The information collected is then BILLING CODE 4910–13–P www.regulations.gov, and follow the entered in the L&I database by FMCSA online instructions for accessing the staff. This enables FMCSA to maintain DEPARTMENT OF TRANSPORTATION dockets, or go to the street address listed up-to-date records so that the agency above. can recognize the entity in question in Federal Motor Carrier Safety Privacy Act: Anyone is able to search case of enforcement actions or other Administration the electronic form of all comments procedures required to ensure that the received into any of our dockets by the carrier is fit, willing and able to provide [Docket No. FMCSA–2017–0267] name of the individual submitting the for-hire transportation services, and so that entities whose authority has been Agency Information Collection comment (or signing the comment, if revoked can resume operation if they Activities; Renewal of an Approved submitted on behalf of an association, are not otherwise blocked from doing Information Collection: Motor Carrier business, labor union, etc.). You may so. This multi-purpose form simplifies Records Change Form review DOT’s complete Privacy Act Statement for the Federal Docket the process of gathering the information AGENCY: Federal Motor Carrier Safety Management System published in the needed to process the entities’ requests Administration (FMCSA), DOT. Federal Register on January 17, 2008. in a timely manner, with the least ACTION: Notice and request for (73 FR 3316), or you may visit http:// amount of effort for all parties involved. comments. edocket.access.gpo.gov/2008/pdfE8- This multi-purpose form is filed by 794.pdf. registrants on a voluntary, as-needed SUMMARY: In accordance with the Public Participation: The Federal basis. This multi-purpose form is on the Paperwork Reduction Act of 1995, eRulemaking Portal is available 24 FMCSA Web site so entities could FMCSA announces its plan to submit hours each day, 365 days each year. You access and print/fax/email the form to the Information Collection Request (ICR) can obtain electronic submission and MC–RS. described below to the Office of retrieval help and guidelines under the The form prompts users to report the Management and Budget (OMB) for its ‘‘help’’ section of the Federal following data points (whichever are review and approval and invites public eRulemaking Portal Web site. If you relevant to their records change comment. The purpose of this ICR titled want us to notify you that we received request): ‘‘Motor Carrier Records Change Form,’’ your comments, please include a self- 1. What are the legal/doing business is to more efficiently collect information addressed, stamped envelope or as (dba) names of the entity/ the Office of Registration and Safety postcard, or print the acknowledgement representative? 2. What is the contact information of Information (MC–RS) requires to page that appears after submitting entity/representatives (phone number, process name and address changes and comments online. Comments received address, fax number, email address)? reinstatements of operating authority. after the comment closing date will be 3. What are the requested changes to DATES: We must receive your comments included in the docket and will be name or address of entity? on or before January 2, 2018. considered to the extent practicable. 4. What is the docket MC/MX/FX ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Jeff number of the entity? identified by Federal Docket Secrist, Division Chief, East-South 5. What is the US DOT number of the Management System (FDMS) Docket Division, FMCSA Office of Registration entity? Number FMCSA–2017–0267 using any and Safety Information, FMCSA, West 6. Is there any change in ownership, of the following methods: Building 6th Floor, 1200 New Jersey management or control of the entity? • Federal eRulemaking Portal: http:// Avenue SE., Washington, DC 20590. 7. What kind of changes is the entity www.regulations.gov. Follow the online Telephone: (202) 385–2367; email making to the company? instructions for submitting comments. [email protected]. 8. Which authority does the entity/ • Fax: 1–202–493–2251. SUPPLEMENTARY INFORMATION: representative wish to reinstate, motor • Mail: Docket Operations; U.S. Background: FMCSA registers for-hire carrier or broker? 9. Does the entity/representative Department of Transportation, 1200 motor carriers under 49 U.S.C. 13902, authorize the fee for the name change or New Jersey Avenue SE., West Building, surface freight forwarders under 49 reinstatement? U.S.C. 13903, and property brokers Ground Floor, Room W12–140, 20590– 10. Does the entity/representative 0001. under 49 U.S.C. 13904. Each registration • authorize the reinstatement of operating Hand Delivery or Courier: West is effective from the date specified authority or name/address change? Building, Ground Floor, Room W12– under 49 U.S.C. 13905(c). 49 CFR part 11. What is the credit card 140, 1200 New Jersey Avenue SE., 365.413 states for-hire motor carriers, information (name, number, expiration Washington, DC, between 9 a.m. and 5 brokers and freight forwarders are date, address, date) for the card used to p.m. e.t., Monday through Friday, required to notify MC–RS when they pay the fee? except Federal holidays. change the name or form of business. Title: Motor Carrier Records Change Instructions: All submissions must Currently, the name change request can Form. include the Agency name and docket be filed online through the Licensing OMB Control Number: 2126–0060. number. For detailed instructions on and Insurance (L&I) Web site, or Type of Request: Renewal collection. submitting comments and additional companies can fax or mail a letter Respondents: For-hire motor carriers, information on the exemption process, requesting either name or address brokers and freight forwarders.
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Estimated Number of Respondents: transition to ELDs by the end of 2018, I. Public Participation and Request for 44,900. would achieve a level of safety that is Comments Estimated Time per Response: 15 at least equivalent to the level of safety FMCSA encourages you to participate minutes per response. that would be obtained by strict Expiration Date: July 31, 2018. by submitting comments and related compliance with a mixed AOBRD–ELD materials. Frequency of Response: On occasion. fleet. Estimated Total Annual Burden: DATES: Submitting Comments 11,225 hours [44,900 annual responses Comments must be received on × 0.25 hours = 11,225]. or before November 30, 2017. If you submit a comment, please Public Comments Invited: You are ADDRESSES: You may submit comments include the docket number for this asked to comment on any aspect of this identified by Federal Docket notice (FMCSA–2017–0277), indicate information collection, including: (1) Management System (FDMS) Number the specific section of this document to Whether the proposed collection is FMCSA–2017–0277 by any of the which the comment applies, and necessary for the performance of following methods: provide a reason for suggestions or FMCSA’s functions; (2) the accuracy of • Federal eRulemaking Portal: recommendations. You may submit the estimated burden; (3) ways for www.regulations.gov. See the Public your comments and material online or FMCSA to enhance the quality, Participation and Request for Comments by fax, mail, or hand delivery, but usefulness, and clarity of the collected section below for further information. please use only one of these means. information; and (4) ways that the • Mail: Docket Management Facility, FMCSA recommends that you include burden could be minimized without U.S. Department of Transportation, 1200 your name and a mailing address, an reducing the quality of the collected New Jersey Avenue SE., West Building, email address, or a phone number in the information. The agency will summarize Ground Floor, Room W12–140, body of your document so the Agency or include your comments in the request Washington, DC 20590–0001. can contact you if it has questions for OMB’s clearance of this information • Hand Delivery or Courier: West regarding your submission. collection. Building, Ground Floor, Room W12– To submit your comments online, go 140, 1200 New Jersey Avenue SE., to www.regulations.gov and put the Issued under the authority delegated in 49 docket number, ‘‘FMCSA–2017–0277’’ CFR 1.87 on: October 24, 2017. between 9 a.m. and 5 p.m., Monday in the ‘‘Keyword’’ box, and click G. Kelly Regal, through Friday, except Federal holidays. • Fax: 1–202–493–2251 ‘‘Search.’’ When the new screen Associate Administrator, Office of Research appears, click on ‘‘Comment Now!’’ and Information Technology. • Each submission must include the Agency name and the docket number for button and type your comment into the [FR Doc. 2017–23693 Filed 10–30–17; 8:45 am] text box in the following screen. Choose BILLING CODE 4910–EX–P this notice. Note that DOT posts all comments received without change to whether you are submitting your www.regulations.gov, including any comment as an individual or on behalf of a third party and then submit. If you DEPARTMENT OF TRANSPORTATION personal information included in a comment. Please see the Privacy Act submit your comments by mail or hand Federal Motor Carrier Safety heading below. delivery, submit them in an unbound 1 Administration Docket: For access to the docket to format, no larger than 8 ⁄2 by 11 inches, suitable for copying and electronic [Docket No. FMCSA–2017–0277] read background documents or comments, go to www.regulations.gov at filing. If you submit comments by mail and would like to know that they Hours of Service of Drivers: any time or visit Room W12–140 on the ground level of the West Building, 1200 reached the facility, please enclose a Application for Exemption; Hub Group stamped, self-addressed postcard or Trucking Inc. New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, envelope. FMCSA will consider all AGENCY: Federal Motor Carrier Safety Monday through Friday, except Federal comments and material received during Administration (FMCSA), DOT. holidays. The online FDMS is available the comment period and may grant or ACTION: Notice of application for 24 hours each day, 365 days each year. not grant this application based on your exemption; request for comments. Privacy Act: In accordance with 5 comments. U.S.C. 553(c), DOT solicits comments SUMMARY: FMCSA announces that the II. Legal Basis from the public to better inform its Hub Group Trucking Inc. (HGT) has FMCSA has authority under 49 U.S.C. rulemaking process. DOT posts these requested an exemption from the 31136(e) and 31315 to grant exemptions comments, without edit, including any electronic logging device (ELD) from certain parts of the Federal Motor personal information the commenter requirements to permit an alternative Carrier Safety Regulations (FMCSRs). provides, to www.regulations.gov, as grandfather period for any commercial FMCSA must publish a notice of each described in the system of records motor vehicles added to HGT’s fleet exemption request in the Federal notice (DOT/ALL–14 FDMS), which can after the December 18, 2017, compliance Register (49 CFR 381.315(a)). The be reviewed at www.dot.gov/privacy. date. HGT reports that all of its 2,700 Agency must provide the public an trucks are equipped with automatic on- FOR FURTHER INFORMATION CONTACT: For opportunity to inspect the information board recording devices (AOBRDs) and information concerning this notice, relevant to the application, including it expects to add at least 160 trucks to contact Mr. Tom Yager, Chief, FMCSA any safety analyses that have been its fleet in 2018. If the exemption is Driver and Carrier Operations Division; conducted. The Agency must also granted it would allow HGT to equip the Office of Carrier, Driver and Vehicle provide an opportunity for public additional trucks with AOBRDs instead Safety Standards; Telephone: 614–942– comment on the request. of the required ELDs until the 6477. Email: [email protected]. If you The Agency reviews safety analyses company’s full transition to ELDs can be have questions on viewing or submitting and public comments submitted, and accomplished. HGT is confident that its material to the docket, contact Docket determines whether granting the AOBRD-compliant approach between Services, telephone (202) 366–9826. exemption would likely achieve a level December 18, 2017, and its full SUPPLEMENTARY INFORMATION: of safety equivalent to, or greater than,
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the level that would be achieved by the database currently does not contain at please submit them by only one of the current regulation (49 CFR 381.305). least three data elements that must be following means: The decision of the Agency must be included in the new ELD ‘‘print/display • Federal eRulemaking Portal: Go to published in the Federal Register (49 daily header.’’ Data elements include http://www.regulations.gov and follow CFR 381.315(b)) with the reasons for the driver’s name, the driver’s license the online instructions for submitting denying or granting the application and, State, and the truck number. HGT comments; if granted, the name of the person or reports that it recently spent substantial • Mail: Docket Management Facility, class of persons receiving the resources to migrate to a new system U.S. Department of Transportation, 1200 exemption, and the regulatory provision that will contain all of the data fields New Jersey Ave. SE., West Building from which the exemption is granted. and information needed to auto- Ground Floor, Room W–12/140, The notice must also specify the populate the required ELD header. Washington, DC 20590–0001; or effective period and explain the terms Without the exemption, HGT will be • Hand delivery: West Building and conditions of the exemption. The forced to spend a great deal of time and Ground Floor, Room W–12/140, 1200 exemption may be renewed (49 CFR money to reprogram its legacy system to New Jersey Ave. SE., between 9 a.m. 381.300(b)). ensure compliance for the time between and 5 p.m., Monday through Friday, except Federal holidays. The telephone III. Request for Exemption December 18, 2017, and the time in 2018 when HGT implements its new number is 202–366–9329. HGT reports that it is an interstate system and fully transitions to ELDs FOR FURTHER INFORMATION CONTACT: motor carrier based in Oak Brook, network-wide. Daeleen Chesley, Office of the Secretary, Illinois with 23 terminal locations According to HGT, its AOBRD- Office of the Assistant General Counsel throughout the United States. HGT compliant approach between December for Aviation Enforcement and operates 2,700 trucks and utilizes 18, 2017, and its full transition to ELDs Proceedings (C–70), Department of approximately 2,700 drivers. The vast by the end of 2018, will achieve a level Transportation, 1200 New Jersey Ave. majority of HGT’s trucks service the of safety that is at least equivalent to the SE., Washington, DC 20590, 202 366– intermodal sector of freight level of safety that would be obtained by 6792 (voice) or at Daeleen.Chesley@ transportation. All of HGT’s trucks are strict compliance with a mixed dot.gov. currently equipped with AOBRDs and AORBD–ELD fleet. The requested the entire fleet has been AOBRD SUPPLEMENTARY INFORMATION: exemption is for two years. OMB Control Number: 2105–0568. compliant since late 2010. A copy of HGT’s application for The current ELD rule under section 49 Title: Renewal of Aviation Consumer exemption is available for review in the Protection Division Web page On-Line CFR 395.15 includes a grandfather docket for this notice. provision for a compliant AOBRD that Complaint Form. a motor carrier installs and requires its Issued on: October 18, 2017. Abstract: The Department of drivers to use before the compliance Larry W. Minor, Transportation’s (Department) Office of date of December 18, 2017. A motor Associate Administrator for Policy. the Assistant General Counsel for carrier may continue to use [FR Doc. 2017–23632 Filed 10–30–17; 8:45 am] Aviation Enforcement and Proceedings grandfathered AOBRDs no later than BILLING CODE 4910–EX–P (Enforcement Office) has broad December 16, 2019. authority under 49 U.S.C., Subtitle VII, HGT is requesting a limited to investigate and enforce consumer exemption from the ELD rule to allow DEPARTMENT OF TRANSPORTATION protection and civil rights laws and any truck added to its fleet after regulations related to air transportation. December 17, 2017, to be equipped with Office of the Secretary The Enforcement Office, including its an AOBRD in lieu of an ELD until full [OST Docket No. DOT–OST–2011–0022] Aviation Consumer Protection Division transition to ELDs for all of its fleets can (ACPD), monitors compliance with and be accomplished. HGT reports that the Notice of Submission of Proposed investigates violations of the company plans to add at least 160 new Information Collection to OMB Agency Department of Transportation’s aviation trucks and drivers to its fleet in 2018 to Request for Renewal of a Previously economic, consumer protection, and accommodate growth in its business. If Approved Collection: On-Line civil rights requirements. the exemption is granted, it would cover Complaint Form for Service-Related Among other things, the licensing these new trucks and drivers. Issues in Air Transportation office is responsible for receiving and HGT contends that the company will investigating service-related consumer face several challenges running two AGENCY: Office of the Secretary, complaints filed against airlines and different electronic logging systems at Department of Transportation. other travel-related companies. Once the same time if the exemption is not ACTION: Notice and request for received, the complaints are reviewed granted. Challenges such as the comments. by the office to determine the extent to complexity of managing the data in the which these entities are in compliance back office, and more importantly, SUMMARY: In accordance with the with federal aviation consumer complexities in training and managing Paperwork Reduction Act of 1995, this protection and civil rights laws and drivers and staff likely to use both notice announces the Department of what, if any, action should be taken. systems. Transportation’s intention to renew an The key reason for this request is to According to HGT, with two systems, OMB control number for an on-line enable consumers to continue to file a company its size will create some complaint form by which a consumer their complaints (or comments) to the roadside inspection enforcement-related can electronically submit a service- Department using an on-line form, challenges for the driver, enforcement related complaint against an airline and whether via their personal computer or officials involved, and for HGT’s safety other travel-related companies. on a mobile/electronic device. If the compliance staff. HGT further contends DATES: Comments on this notice must be information collection form is not that it faces the expense of updating a received by January 2, 2018. available, the Department may receive legacy database to fully populate the ADDRESSES: To ensure that you do not fewer complaints from consumers. The new ELD header. HGT’s InfoTrak duplicate your docket submissions, lack of consumer-driven information
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could inhibit the office’s ability to burden of the collection of information interests in property subject to U.S. effectively investigate both individual on respondents. jurisdiction of the following persons are complaints against airlines and other air All responses to this notice will be blocked under the relevant sanctions travel-related companies. It would also summarized and included in the request authorities listed below. Dealings in impact the Department’s Enforcement for OMB approval. All comments will property subject to U.S. jurisdiction in Office’s ability to become aware of also become a matter of public record on which a person identified as patterns and practices that may develop the docket. Government of North Korea has an in violation of our rules. The Authority: The Paperwork Reduction Act interest are prohibited effective as of the information collection continues to of 1995; 44 U.S.C. Chapter 35, as amended; date of that status, which may be earlier further the objectives of 49 U.S.C. and 49 CFR 1:48. than the date of OFAC’s determination. 41712, 40101, 40127, 41702, and 41705 Issued in Washington, DC on October 25, Individuals to protect consumers from unfair or 2017. 1. JONG, Yong Su, Korea, North; DOB deceptive practices, to protect the civil Jonathan Dols, rights of air travelers, and to ensure safe 15 Dec 1950; nationality Korea, North; Deputy Assistant General Counsel for Gender Male; Passport 563310172; and adequate service in air Aviation Enforcement and Proceedings. transportation. Minister of Labor (individual) [DPRK2]. [FR Doc. 2017–23631 Filed 10–30–17; 8:45 am] Filing a complaint using a web-based Designated pursuant to section 1(a)(ii) form is voluntary and minimizes the BILLING CODE 4910–9X–P of Executive Order 13687 of January 2, burden on respondents. Based on CY16 2015, ‘‘Imposing Additional Sanctions information, 17,162 of the 17,909 cases With Respect to North Korea’’ (E.O. received by ACPD were filed using the DEPARTMENT OF THE TREASURY 13687), for being an official of the Government of North Korea. web-based form (95.8%). At times, Office of Foreign Assets Control consumers may also choose to file a 2. JO, Kyong-Chol (a.k.a. CHO, Kyo’ng-ch’o’l), Korea, North; DOB 1944 complaint with the Department using Notice of OFAC Sanctions Actions regular mail or by phone message. The to 1945; POB Korea, North; nationality type of information requested on the AGENCY: Office of Foreign Assets Korea, North; DPRK Director of Military form includes complainant’s name, Control, Treasury. Security Command (individual) address, phone number (including area ACTION: Notice. [DPRK2]. code), email address, and name of the Designated pursuant to section 1(a)(ii) airline or company about which she/he SUMMARY: The Department of the of E.O. 13687 for being an official of the is complaining, as well as the flight date Treasury’s Office of Foreign Assets Government of North Korea. and flight itinerary (where applicable) of Control (OFAC) is publishing the names 3. KIM, Kang Jin (a.k.a. KIM, Kang- a complainant’s trip. A consumer may of one or more persons that have been chin), Korea, North; DOB 22 Apr 1961; also use the form to give a description placed on OFAC’s Specially Designated POB Pyongyang, North Korea; of a specific air-travel related problem Nationals and Blocked Persons List nationality Korea, North; Gender Male; or to ask for air-travel related based on OFAC’s determination that one Director, External Construction Bureau information from the ACPD. The or more applicable legal criteria were (individual) [DPRK2]. Designated pursuant to section 1(a)(ii) Department has limited its satisfied. All property and interests in of E.O. 13687 for being an official of the informational request to that necessary property subject to U.S. jurisdiction of these persons are blocked, and U.S. Government of North Korea. to meet its program and administrative 4. KU, Sung Sop (a.k.a. KU, Seung monitoring and enforcement activities. persons are generally prohibited from engaging in transactions with them. Sub; a.k.a. KU, Su’ng-so’p; a.k.a. KU, Respondents: Consumers that Choose Young Hyok), Shenyang, China; DOB 07 DATES: See SUPPLEMENTARY INFORMATION to File an On-Line Complaint with the Nov 1959; POB Pyongan-bukdo, North section. Aviation Consumer Protection Division. Korea; nationality Korea, North; Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: Passport 321233 (Korea, North); Consul 17,162 (based on CY 2016 data). OFAC: Associate Director for Global General, Shenyang, China (individual) Estimated Total Burden on Targeting, tel.: 202–622–2420; Assistant [DPRK2]. Respondents: 4,290.5 hours, (257,430 Director for Sanctions Compliance & Designated pursuant to section 1(a)(ii) minutes). The estimate was calculated Evaluation, tel.: 202–622–2490; of E.O. 13687 for being an official of the by multiplying the number of cases filed Assistant Director for Licensing, tel.: Government of North Korea. using the on-line form in CY16 (17,162) 202–622–2480; Assistant Director for 5. KIM, Min Chol, Vietnam; DOB 21 by the time needed to fill out the on-line Regulatory Affairs, tel. 202–622–4855; Sep 1967; POB North Korea; nationality form (15 minutes). or the Department of the Treasury’s Korea, North; Diplomat at North Korean The information collection is Office of the General Counsel: Office of Embassy (individual) [DPRK2]. available for inspection in the Chief Counsel (Foreign Assets Designated pursuant to section 1(a)(ii) regulations.gov, as noted in the Control), tel.: 202–622–2410. of E.O. 13687 for being an official of the ADDRESSES section of his document. SUPPLEMENTARY INFORMATION: Government of North Korea. Comments are Invited on: (a) Whether 6. RI, Thae Chol (a.k.a. RI, Tae-Chol; the collection of information is Electronic Availability a.k.a. RI, T’ae-Ch’o’l); DOB 01 Jan 1947 necessary for the proper performance of The Specially Designated Nationals to 31 Dec 1947; nationality Korea, the functions of the Department, and Blocked Persons List and additional North; DPRK First Vice Minister of including whether the information will information concerning OFAC sanctions People’s Security (individual) [DPRK2] have practical utility; (b) the accuracy of programs are available on OFAC’s Web (Linked To: KOREAN PEOPLE’S the Department’s estimate of the burden site (www.treasury.gov/ofac). ARMY). of the proposed information collection; Designated pursuant to section 1(a)(ii) (c) ways to enhance the quality, utility Notice of OFAC Action(s) of E.O. 13687 for being an official of the and clarity of the information to be On October 26, 2017, OFAC Government of North Korea and the collected; and (d) ways to minimize the determined that the property and Worker’s Party of Korea.
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7. SIN, Yong Il (a.k.a. SHIN, Yong Il; SUMMARY: The Department of the Somerset BA5 1FD, United Kingdom; a.k.a. SIN, Yo’ng Il), Korea, North; DOB Treasury’s Office of Foreign Assets nationality Canada; alt. nationality 28 Feb 1948; nationality Korea, North; Control (OFAC) is publishing the names United Kingdom; alt. nationality Passport PD654210116 (Korea, North); of entities and one aircraft whose Ireland; Web site www.chexxinc.com; Deputy Director of the Military Security property and interests in property have Company Number 04424343 (United Command (individual) [DPRK2]. been unblocked. Kingdom); alt. Company Number Designated pursuant to section 1(a)(ii) DATES: OFAC’s actions described in this 209294 (Ireland); alt. Company Number of E.O. 13687 for being an official of the notice were taken on October 26, 2017. 471636 (Ireland) [TCO] (Linked To: PACNET SERVICES LTD.; Linked To: Government of North Korea. FOR FURTHER INFORMATION CONTACT: PACNET EUROPE; Linked To: PACNET OFAC: Associate Director for Global Entities GROUP). Targeting, tel.: 202–622–2420; Assistant 1. CH’OLHYO’N OVERSEAS 5. CHEXX ITALIA SRL, Largo San Director for Sanctions Compliance & Giuseppe 3/32, Genova 16121, Italy; CONSTRUCTION COMPANY, Kuwait; Evaluation, tel.: 202–622–2490; Algeria [DPRK3]. V.A.T. Number IT02326870991; Assistant Director for Licensing, tel.: Commercial Registry Number GE Identified as falling within the 202–622–2480; Assistant Director for definition of the Government of North 477550 (Italy); Fiscal Code 02326870991 Regulatory Affairs, tel.: 202–622–4855; (Italy) [TCO] (Linked To: PACNET Korea as set forth in Section 9(d) of or the Department of the Treasury’s Executive Order 13722 of March 15, GROUP). Office of the General Counsel: Office of 6. COUNTING HOUSE SERVICES 2016, ‘‘Blocking Property of the the Chief Counsel (Foreign Assets LTD. (a.k.a. UK COUNTING HOUSE Government of North Korea and the Control), tel.: 202–622–2410. LTD.), 595 Howe Street, 4th Floor, Workers’ Party of Korea, and Prohibiting SUPPLEMENTARY INFORMATION: Vancouver, BC V6C 2T5, Canada; 410– Certain Transactions With Respect to 900 Howe Street, Vancouver, British North Korea’’ (E.O. 13722) because it is Electronic Availability Columbia V672M4, Canada; 4410–900 an agency, instrumentality, or The Specially Designated Nationals Howe Street, Vancouver, BC V6Z 2M4, controlled entity of the Government of and Blocked Persons List (SDN List) and Canada; 5 Kew Road, Richmond, Surrey North Korea. additional information concerning TW9 2PR, United Kingdom; 43 2. EXTERNAL CONSTRUCTION OFAC sanctions programs are available Princeton Highstown Rd., Suite D, BUREAU (a.k.a. EXTERNAL from OFAC’s Web site at http:// Princeton Junction, NJ 08550, United CONSTRUCTION GENERAL www.treasury.gov/ofac. States; Tel Aviv, Israel; Web site COMPANY; a.k.a. EXTERNAL Notice of OFAC Actions www.countinghouseservices.com; alt. CONSTRUCTION GUIDANCE Web site www.countinghouseltd.com; BUREAU), Korea, North; Kuwait; Qatar; On October 26, 2017, OFAC removed Registration ID 31000078006605 (United United Arab Emirates; Oman [DPRK3]. from the SDN List the entities and States); alt. Registration ID Identified as falling within the aircraft listed below, whose property 31000078141851 (United States); alt. definition of the Government of North and interests in property were blocked Registration ID M10716144 (Canada); Korea as set forth in Section 9(d) of E.O. pursuant to Executive Order 13581. Company Number 09835705 (United 13722 because it is an agency, Entities Kingdom); alt. Company Number instrumentality, or controlled entity of BC0853818 (Canada) [TCO] (Linked To: the Government of North Korea. 1. PACNET GROUP, Canada; Chile; PACNET SERVICES LTD.; Linked To: 3. MILITARY SECURITY COMMAND United Kingdom; United States; Ireland; PACNET GROUP). (a.k.a. KOREAN PEOPLE’S ARMY Brazil; France; Hong Kong; India; Malta; 7. DEEPCOVE LABS (a.k.a. SECURITY BUREAU; a.k.a. MILITARY Switzerland; South Africa [TCO]. DEEPCOVE LABORATORIES LTD.), 4th SECURITY BUREAU), Korea, North 2. ACCU-RATE CORPORATION, 2573 Floor, 595 Howe Street, Vancouver, BC [DPRK3]. Carling Ave., Ottawa, ON K2B 7H7, V6C 2T5, Canada; Web site Identified as falling within the Canada; Web site www.accu-rate.ca; www.deepcovelabs.com [TCO] (Linked definition of the Government of North Registration ID M08609375 (Canada); To: PACNET SERVICES LTD.; Linked Korea as set forth in Section 9(d) of E.O. Company Number 4131894 (Canada) To: PACNET GROUP). 13722 because it is an agency, [TCO] (Linked To: PACNET SERVICES 8. INDIAN RIVER (UK) LTD., D11 instrumentality, or controlled entity of LTD.; Linked To: PACNET EUROPE; Glyme Court, Oxford Office Village, the Government of North Korea. Linked To: PACNET GROUP). Langford Lane, Kidlington, Oxon OX5 3. AEROPAY LIMITED (a.k.a. POINTS 1LQ, United Kingdom; Company John E. Smith, EAST LIMITED), D11 Glyme Court, Number 07927999 (United Kingdom) Director, Office of Foreign Assets Control. Oxford Office Village, Langford Lane, [TCO] (Linked To: PACNET [FR Doc. 2017–23666 Filed 10–30–17; 8:45 am] Oxford Oxon OX5 1LQ, United CONNECTIONS LIMITED; Linked To: BILLING CODE 4810–AL–P Kingdom; 70 Empress Court, Woodin’s PACNET GROUP). Way, Oxford, Oxfordshire OX1 1HG, 9. PACNET AIR (a.k.a. PACIFIC United Kingdom; Company Number NETWORK AIR LTD.), Suite 3, 3rd DEPARTMENT OF THE TREASURY 05648577 (United Kingdom) [TCO] Floor, Britannia House, St. Georges (Linked To: PACNET SERVICES LTD.; Street, Douglas, Isle of Man IM1 1JD, Office of Foreign Assets Control Linked To: PACNET HOLDINGS United Kingdom; Web site LIMITED; Linked To: PACNET GROUP). Notice of OFAC Sanctions Actions; www.pacnetair.com; Company Number 4. CHEXX INC. (a.k.a. CHEXX Sanctions Actions Pursuant to M1025900 (United Kingdom) [TCO] AMERICAS; a.k.a. CHEXX INC. Executive Order 13581 (Linked To: PACNET SERVICES LTD.; LIMITED), 4th Floor, 595 Howe St., Linked To: PACNET GROUP). AGENCY: Office of Foreign Assets Vancouver, BC V6C 2T5, Canada; 10. PACNET BRAZIL (a.k.a. MMC Control, Treasury. Shannon Airport House, Shannon, Co. CLUB; a.k.a. PACNET SERVICES DO Clare V14E370, Ireland; Bishopbrook BRASIL LTDA.; a.k.a. PACNET ACTION: Notice. House, Cathedral Avenue, Wells, SERVICES DO BRASIL S S LTDA ME),
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Rue Adelino Fernandes 679, 1340 sala (Linked To: PACNET HOLDINGS 89/247 Soi Ruammit Phatthana Yeak 1, 6, Bairro Jardim Planalto, CEP LIMITED; Linked To: PACNET GROUP). Tharang Sub-District, Bang Kehn 13160.000 Artur Nogueira, SP, Brazil; 20. PACNET SERVICES LTD. (a.k.a. District, Bangkok Province, Thailand; Rua Doutor Fernando Arens 679, Artur PACIFIC NETWORK SERVICES LTD.; Web site www.thepaymentsfactory.com; Nogueira, Sao Paulo 13160–000, Brazil; a.k.a. PACNET AMERICAS; a.k.a. Business Registration Document # Identification Number 05032174000150 PACNET CANADA; a.k.a. PACNET 6974988 (Slovenia); Tax ID No. (Brazil) [TCO] (Linked To: PACNET SERVICES AMERICAS LTD.), Fourth 47210885 (Slovenia); Commercial SERVICES LTD.; Linked To: PACNET Floor, 595 Howe St, Vancouver, BC V6C Registry Number 20549092501 (Peru); GROUP). 2T5, Canada; Parkshot House, 5 Kew Company Number SC514975 (United 11. PACNET CHILE (a.k.a. THE Road, Richmond, Surrey, England TW9 Kingdom) [TCO] (Linked To: PACNET PAYMENTS FACTORY CHILE 2PR, United Kingdom; Registration ID GROUP). LIMITADA), Av. Vicuna Mckenna 2598, M08842780 (Canada); Company Number Macul, Santiago de Chile, Chile [TCO] BC0469083 (Canada); License 15128950 Aircraft (Linked To: PACNET SERVICES LTD.; (Canada) [TCO] (Linked To: PACNET 1. N840PN; Aircraft Model 690c; Linked To: PACNET GROUP). GROUP). Aircraft Operator Pacnet Air; Aircraft 12. PACNET CONNECTIONS 21. PACNET SUISSE (a.k.a. PACNET Manufacturer’s Serial Number (MSN) LIMITED, Shannon Airport House, SERVICES (SUISSE) SA), Carrefour du 11679; Aircraft Tail Number N840PN Shannon Free Zone, Co. Clare, Ireland; Rive 1, Geneva, Switzerland; (aircraft) [TCO] (Linked To: PACNET 4 Michael Street, Co. Limerick, Ireland; Alpenstrasse 15, 6304, Zug, AIR; Linked To: PACNET GROUP). Registration ID 332576 (Ireland) [TCO] Switzerland; Identification Number U.S. persons are permitted to engage (Linked To: PACNET SERVICES LTD.; CHE–109.623.231 (Switzerland); alt. in all lawful transactions with the Linked To: PACNET GROUP). Identification Number CH66012280021 persons listed above. 13. PACNET EUROPE, Shannon (Switzerland) [TCO] (Linked To: Dated: October 26, 2017. Airport House, SFZ, Country Clare, PACNET SERVICES LTD.; Linked To: Ireland; Web site PACNET GROUP). John E. Smith, www.pacnetservices.ie; alt. Web site 22. PACNET UK (a.k.a. PACIFIC Director, Office of Foreign Assets Control. www.pacnetservices.com [TCO] (Linked NETWORK SERVICES (UK) LTD.), The [FR Doc. 2017–23653 Filed 10–30–17; 8:45 am] To: PACNET SERVICES LTD.; Linked Old Mill, Park Road, Shepton Mallet, BILLING CODE 4810–AL–P To: PACNET GROUP). Somerset IK BA4 5BS, United Kingdom 14. PACNET FRANCE (a.k.a. PACNET [TCO] (Linked To: PACNET SERVICES SERVICES (FRANCE) SARL), 17 rue de LTD.; Linked To: PACNET GROUP). DEPARTMENT OF THE TREASURY Teheran, 75008 Paris, France [TCO] 23. PACNET ZAR (f.k.a. GOLDEN Senior Executive Service; Legal (Linked To: PACNET SERVICES LTD.; DIVIDEND 234 (PTY) LTD.; a.k.a. Division Performance Review Board Linked To: PACNET GROUP). PACNET SERVICES ZAR 15. PACNET HOLDINGS LIMITED (PROPRIETARY) LTD.), 13 Wellington AGENCY: Department of the Treasury. Road, Parktown, Johannesburg 2193, (f.k.a. COUNTING HOUSE (EUROPE) ACTION: Notice of members of the Legal South Africa; 22 Wellington Road, LIMITED), Shannon Airport House, Division Performance Review Board Parktown, Western Cape 2193, South Shannon Free Zone, Co. Clare, Ireland; (PRB). Four Michael Street, Limerick, Ireland; Africa; Private Bag X60500, Houghton, Registration ID EO348346 (Ireland) Guateng 2041, South Africa; SUMMARY: This notice announces the [TCO] (Linked To: PACNET SERVICES Registration ID 200503498307 (South appointment of members of the Legal LTD.; Linked To: PACNET GROUP). Africa); Tax ID No. 9871659141 (South Division PRB. The purpose of this Board 16. PACNET HONGKONG (a.k.a. Africa) [TCO] (Linked To: PACNET is to review and make recommendations PACNET SERVICES (HK) LTD.), 2001 SERVICES LTD.; Linked To: PACNET concerning proposed performance Central Plaza, 18 Harbour Road, GROUP). appraisals, ratings, bonuses, and other Wanchai, Hong Kong [TCO] (Linked To: 24. THE PAYMENTS FACTORY LTD. appropriate personnel actions for PACNET SERVICES LTD.; Linked To: (f.k.a. RUMENO SONCE 60 D.O.O.; incumbents of SES positions in the PACNET GROUP). a.k.a. THE PAYMENTS FACTORY Legal Division. D.O.O.; a.k.a. THE PAYMENTS 17. PACNET INDIA (a.k.a. PACNET DATES: Effective Date: October 31, 2017. SERVICES (INDIA) PRIVATE LIMITED), FACTORY LLC; a.k.a. THE PAYMENTS FOR FURTHER INFORMATION CONTACT: 208, Rewa Chambers, 31 New Marine FACTORY LLC—PERU; a.k.a. THE Office of the General Counsel, Lines, Mumbai 400 020, India; National PAYMENTS FACTORY PERU LLC), 69 Department of the Treasury, 1500 ID No. U67190MH2005PTC15766 Buchanan Street, Glasgow, Scotland G1 Pennsylvania Avenue NW., Room 3000, (India) [TCO] (Linked To: PACNET 3HL, United Kingdom; 4th Floor, 595 Washington, DC 20220, Telephone: SERVICES LTD.; Linked To: PACNET Howe Street, Vancouver, BC V6C 2T5, (202) 622–0283 (this is not a toll-free GROUP). Canada; Suite 3, 3rd Floor, Britannia 18. PACNET MALTA (a.k.a. PACNET House, St. Georges Street, Douglas, Isle number). SERVICES (MALTA) LTD.), The Dixcart of Man IM1 1JD, United Kingdom; 1521 SUPPLEMENTARY INFORMATION: Suite, Level 11, Le Meridien, St. Julians, Concord Pike, #303, Wilmington, DE Composition of Legal Division PRB: Malta; The Dixcart Suite, Level 11, LE, 19803, United States; Pasaje Retiro 574 The Board shall consist of at least three 39, Main Street, Balluta Bay, St. Julians of. 201, Ciudad Satelite, Santa Rosa, members. In the case of an appraisal of STJ1017, Malta; Company Number C Provincia Callao, Peru; 2–22–7, a career appointee, more than half the 52227 (Malta) [TCO] (Linked To: Shibuya, Shibuya-ku, Tokyo 150–0002, members shall consist of career PACNET SERVICES LTD.; Linked To: Japan; Jr. Retiro No. 574, Dpto. 201, appointees. Composition of the specific PACNET GROUP). Callao 01, Peru; 3 Independent Dr., PRBs will be determined on an ad hoc 19. PACNET SERVICES (IRELAND) Jacksonville, FL 32202–5004, United basis from among the individuals listed LIMITED, 222 Shannon Airport House, States; Tehnoloski park 24, Ljubljana in this notice. Shannon, Co. Clare, Ireland; 1000, Slovenia; Shannon Airport House The names and titles of the PRB Registration ID 452666 (Ireland) [TCO] SFZ, County Clare V14 E370, Ireland; members are as follows:
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Paul Ahern, Assistant General 1995, this notice announces that the have the ability to evaluate customer Counsel (Enforcement & Intelligence); Veterans Health Administration, concerns in a timely manner. Brian Callanan, Deputy General Department of Veterans Affairs, will An agency may not conduct or Counsel; submit the collection of information sponsor, and a person is not required to Himamauli Das, Counselor; abstracted below to the Office of respond to a collection of information Eric Froman, Principal Deputy Management and Budget (OMB) for unless it displays a currently valid OMB Assistant General Counsel (Banking and review and comment. The PRA control number. The Federal Register Finance); submission describes the nature of the Notice with a 60-day comment period Jean Gentry, Chief Counsel, U.S. Mint information collection and its expected soliciting comments on this collection Anthony Gledhill, Chief Counsel, cost and burden and it includes the of information was published at Vol. 82 Alcohol Tobacco, Tax, and Trade actual data collection instrument. FR No. 162, August 23, 2017, page Bureau; DATES: Comments must be submitted on 40064. Elizabeth Horton, Deputy Assistant or before November 30, 2017. Affected Public: Individuals and General Counsel (Ethics); ADDRESSES: households. Jimmy Kirby, Chief Counsel, Submit written comments on the collection of information through Estimated Annual Burden: 135 hours. Financial Crimes Enforcement Network; Estimated Average Burden per Jeffrey Klein, Deputy Assistant www.Regulations.gov, or to Office of Information and Regulatory Affairs, Respondent: 5 minutes. General Counsel (International Affairs); Frequency of Response: Annually. Office of Management and Budget, Attn: Steven D. Laughton, Assistant General Estimated Number of Respondents: VA Desk Officer; 725 17th St. NW., Counsel (Banking and Finance); 1,060. Robert Neis, Benefits Tax Counsel; Washington, DC 20503 or sent through Martha M. Pacold, Deputy General electronic mail to oira_submission@ By direction of the Secretary. Counsel; omb.eop.gov. Please refer to ‘‘OMB Cynthia Harvey-Pryor, Douglas Poms, Deputy International Control No. 2900–0773’’ in any Department Clearance Officer, Office of Tax Counsel; correspondence. Quality, Privacy and Risk, Department of Veterans Affairs. Joel Pulliam, Deputy Assistant FOR FURTHER INFORMATION CONTACT: General Counsel (Banking and Finance); Cynthia Harvey-Pryor, Office of Quality, [FR Doc. 2017–23586 Filed 10–30–17; 8:45 am] Sidney Rocke, Chief Counsel, Bureau Privacy and Risk (OQPR), Department of BILLING CODE 8320–01–P of Engraving and Printing; Veterans Affairs, 810 Vermont Avenue Bradley Smith, Chief Counsel, Office NW., Washington, DC 20420, (202) 461– of Foreign Assets Control; DEPARTMENT OF VETERANS 5870 or email cynthia.harvey-pryor@ AFFAIRS Brian Sonfield, Assistant General va.gov Please refer to ‘‘OMB Control No. Counsel (General Law, Ethics and 2900–0773’’ in any correspondence. Regulation); Advisory Committee on Disability SUPPLEMENTARY INFORMATION: David Sullivan, Assistant General Compensation; Notice of Meeting Authority: E.O. 12862. Counsel (International Affairs); Title: Veterans’ Health Benefits The Department of Veterans Affairs Drita Tonuzi, Deputy Chief Counsel Handbook Questionnaire—VA Form 10– (VA) gives notice under the Federal (Operations), Internal Revenue Service; 0507. Advisory Committee Act that the Heather Trew, Deputy Assistant OMB Control Number: 2900–0773. Advisory Committee on Disability General Counsel (Enforcement & Type of Review: Extension of a Compensation (Committee) will meet on Intelligence); currently approved collection. December 5 and 6, 2017. The Committee Krishna Vallabhaneni, Deputy Tax Abstract: The Veterans’ Health will meet at 1722 Eye Street NW., Legislative Counsel; Benefits Handbook is available to all Washington, DC 20006, in the third- Thomas West, Tax Legislative enrolled Veterans. The Handbook floor training complex. The sessions are Counsel and; contains general eligibility and benefits open to the public and will begin at 8:30 Paul Wolfteich, Chief Counsel, Bureau information and most importantly, a.m. and end at 4:30 p.m. EST each day. of the Fiscal Service. information specific to the Veteran. The purpose of the Committee is to Dated: October 23, 2017. VHA seeks approval for this collection advise the Secretary of Veterans Affairs Brent J. McIntosh, to provide Veterans an opportunity to on the maintenance and periodic General Counsel. provide anonymous feedback on the readjustment of the VA Schedule for [FR Doc. 2017–23618 Filed 10–30–17; 8:45 am] content and presentation of the material Rating Disabilities. The Committee is to BILLING CODE 4810–25–P contained in the Handbook. VHA will assemble and review information use the information gathered to relating to the nature and character of determine how well the Handbook disabilities arising during service in the DEPARTMENT OF VETERANS meets Veterans’ needs and make Armed Forces, provide an ongoing AFFAIRS changes to the Handbook where needed. assessment of the effectiveness of the This voluntary survey will not be used rating schedule, and give advice on the [OMB Control No. 2900–0773] as a substitute for traditional program most appropriate means of responding evaluation surveys that measure to the needs of Veterans with service- Agency Information Collection objective outcomes. To maximize the connected disabilities. Activity: Veterans’ Health Benefits voluntary response rates, the The Committee will receive briefings Handbook Questionnaire information collection will be designed on issues related to compensation for AGENCY: Veterans Health to foster convenient, simple and barrier Veterans and on other VA benefits Administration, Department of Veterans free participation. The data collected programs. The Committee will allocate Affairs. will consist of the minimum amount of time for receiving public comments, ACTION: Notice. information necessary to determine which are limited to three minutes each. customer satisfaction. The areas of Individuals wishing to make oral SUMMARY: In compliance with the concern to VHA and its customers statements before the Committee will be Paperwork Reduction Act (PRA) of change rapidly and it is essential to accommodated on a first-come, first-
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served basis. Individuals who speak are (FDMS) at www.Regulations.gov or to satisfaction in the Veterans Health invited to submit one-to-two page Brian McCarthy, Office of Regulatory Administration, and has been in use in summaries of their comments at the and Administrative Affairs (10B4), its present form since 2008. The mission time of the meeting for inclusion in the Department of Veterans Affairs, 810 of the Veterans Health Administration official meeting record. Vermont Avenue NW., Washington, DC (VHA) is to provide high quality The public may submit written 20420 or email to Brian.McCarthy4@ medical care to eligible veterans. statements for the Committee’s review va.gov. Please refer to ‘‘OMB Control Executive Order 12862, dated to Stacy Boyd, Department of Veterans No. 2900–0712’’ in any correspondence. September 11, 1993, calls for the Affairs, Veterans Benefits During the comment period, comments establishment and implementation of Administration, Compensation Service, may be viewed online through FDMS. customer service standards, and for Policy Staff (211A), 810 Vermont FOR FURTHER INFORMATION CONTACT: agencies to ‘‘survey customers to Avenue NW., Washington, DC 20420, or Brian McCarthy at (202) 461–6345. determine the kind and quality of via email [email protected]. SUPPLEMENTARY INFORMATION: Under the services they want and their level of Because the meeting is being held in PRA of 1995, Federal agencies must satisfaction with current services’’. a government building, the screening obtain approval from the Office of Further emphasized by the Executive process requires individuals to present Management and Budget (OMB) for each Order 13571, on ‘‘Streamlining Service a photographic identification at the collection of information they conduct Delivery and Improving Customer Guard’s desk. Due to an increase in or sponsor. This request for comment is Service,’’ issued on April 27, 2011, VA security protocols, you should allow an being made pursuant to Section must work continuously to ensure that additional 30 minutes before the 3506(c)(2)(A) of the PRA. their programs are effective and meet meeting begins. Routine escort will be With respect to the following their customers’ needs. To this end, VA provided until 9:00 a.m. each day. Any collection of information, VHA invites is always seeking new and innovative member of the public wishing to attend comments on: (1) Whether the proposed ways to ensure the highest levels of the meeting or seeking additional collection of information is necessary customer satisfaction. information should email Stacy Boyd or for the proper performance of VHA’s Affected Public: Individuals and call her at (202) 461–9580. functions, including whether the households. Dated: October 26, 2017. information will have practical utility; Estimated Annual Burden: Jelessa M. Burney, (2) the accuracy of VHA’s estimate of 10–1465–1—160 hours. Federal Advisory Committee Management the burden of the proposed collection of 10–1465–2—18,000 hours. Officer. information; (3) ways to enhance the 10–1465–3—160 hours. 10–1465–4—120 hours. [FR Doc. 2017–23624 Filed 10–30–17; 8:45 am] quality, utility, and clarity of the 10–1465–5—48,000 hours. BILLING CODE P information to be collected; and (4) ways to minimize the burden of the 10–1465–6—8,000 hours. collection of information on 10–1465–7—80 hours. DEPARTMENT OF VETERANS respondents, including through the use 10–1465–8—120 hours. AFFAIRS of automated collection techniques or 10–1465–9—30,000 hours. the use of other forms of information 10–1465–10—72,000 hours. [OMB Control No. 2900–0712] technology. Estimated Average Burden per Respondent: Agency Information Collection Authority: E.O. 12862—Setting Customer Service Standards. 10–1465–1—20 minutes. Activity: Survey of Healthcare 10–1465–2—15 minutes. Experiences of Patients (SHEP) Title: Survey of Healthcare Experiences of Patients (SHEP); 10–1465–3—20 minutes. 10–1465–4—15 minutes. AGENCY: Veterans Health SHEP Inpatient Long Form: 10–1465–1 10–1465–5—10 minutes. Administration, Department of Veterans SHEP Inpatient Short Form: 10–1465–2 10–1465–6—20 minutes. Affairs. Ambulatory Care Long Form: 10–1465–7—10 minutes. ACTION: Notice. 10–1465–3 10–1465–8—15 minutes. Ambulatory Care Short Form: 10–1465–9—15 minutes. SUMMARY: Veterans Health 10–1465–4 10–1465–10—15 minutes. Administration, Department of Veterans Clinician and Group CAHPS 3.0 Patient Frequency of Response: Annually. Affairs (VA), is announcing an Centered Medical Home Short Form: Estimated Number of Respondents: opportunity for public comment on the 10–1465–5 10–1465–1—480. proposed collection of certain Clinician and Group CAHPS 3.0 Patient 10–1465–2—72,000. information by the agency. Under the Centered Medical Home Long Form: 10–1465–3—480. Paperwork Reduction Act (PRA) of 10–1465–6 10–1465–4—480. 1995, Federal agencies are required to Home Healthcare CAHPS Long Form: 10–1465–5—288,000. publish notice in the Federal Register 10–1465–7 10–1465–6—24,000. concerning each proposed collection of In-Center Hemodialysis CAHPS Long 10–1465–7—480. information, including each proposed Form: 10–1465–8 reinstatement of a currently approved Clinician & Group CAHPS 3.0: 10–1465–8—480. collection, and allow 60 days for public 10–1465–9 10–1465–9—120,000. comment in response to the notice. SHEP Community Care survey: 10–1465–10—288,000. DATES: Written comments and 10–1465–10 By direction of the Secretary. recommendations on the proposed OMB Control Number: 2900–0712. Cynthia Harvey-Pryor, collection of information should be Type of Review: Reinstatement of a Department Clearance Officer, Office of received on or before January 2, 2018. currently approved collection. Quality, Privacy and Risk, Department of ADDRESSES: Submit written comments Abstract: The Survey of Health Veterans Affairs. on the collection of information through Experience of Patients (SHEP) has been [FR Doc. 2017–23587 Filed 10–30–17; 8:45 am] Federal Docket Management System developed to measure patient BILLING CODE 8320–01–P
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DEPARTMENT OF VETERANS Federal Docket Management System of automated collection techniques or AFFAIRS (FDMS) at www.Regulations.gov or to the use of other forms of information Nancy J. Kessinger, Veterans Benefits technology. [OMB Control No. 2900–0012] Administrations (20M33), Department Authority: Public Law 104–13; 44 U.S.C. Agency Information Collection of Veterans Affairs, 810 Vermont 3501–3521. Avenue NW., Washington, DC 20420 or Activity: Application for Cash Title: Application for Cash Surrender Surrender or Policy Loan email to [email protected]. Please refer to ‘‘OMB Control No. 2900–0012’’ or Policy Loan (VA Form 29–1546). AGENCY: Veterans Benefits in any correspondence. During the OMB Control Number: 2900–0012. Administration, Department of Veterans comment period, comments may be Type of Review: Reinstatement of a Affairs. viewed online through FDMS. previously approved collection. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Abstract: The Application for Cash Surrender or Policy Loan solicits SUMMARY: Veterans Benefits Cynthia Harvey-Pryor at (202) 461– 5870. information needed from Veterans to Administrations, Department of apply for cash surrender value or policy Veterans Affairs (VA), is announcing an SUPPLEMENTARY INFORMATION: Under the loan on his/her insurance. The opportunity for public comment on the PRA of 1995, Federal agencies must information on this form is required by proposed collection of certain obtain approval from the Office of law, 38 U.S.C. 1906 and 1944, 38 CFR information by the agency. Under the Management and Budget (OMB) for each 6.115, 6.116, 6.117, 8.27, 6.100, 6.101 Paperwork Reduction Act (PRA) of collection of information they conduct and 8.28. 1995, Federal agencies are required to or sponsor. This request for comment is Affected Public: Individuals and publish notice in the Federal Register being made pursuant to Section households. concerning each proposed collection of 3506(c)(2)(A) of the PRA. Estimated Annual Burden: 4,939 information, including each proposed With respect to the following hours. extension of a currently approved collection of information, VBA invites collection, and allow 60 days for public Estimated Average Burden per comments on: (1) Whether the proposed Respondent: 10 minutes. comment in response to the notice. This collection of information is necessary notice solicits comments on information Frequency of Response: Upon for the proper performance of VBA’s Request. needed from Veterans to apply for cash functions, including whether the Estimated Number of Respondents: surrender value or policy loan on his/ information will have practical utility; 29,636. her insurance. The information on this (2) the accuracy of VBA’s estimate of the form is required by law. burden of the proposed collection of By direction of the Secretary. DATES: Written comments and information; (3) ways to enhance the Cynthia Harvey-Pryor, recommendations on the proposed quality, utility, and clarity of the Department Clearance Officer, Office of collection of information should be information to be collected; and (4) Quality, Privacy and Risk, Department of received on or before January 2, 2018. ways to minimize the burden of the Veterans Affairs. ADDRESSES: Submit written comments collection of information on [FR Doc. 2017–23585 Filed 10–30–17; 8:45 am] on the collection of information through respondents, including through the use BILLING CODE 8320–01–P
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Reader Aids Federal Register Vol. 82, No. 209 Tuesday, October 31, 2017
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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. No. 2017–13 of Presidential Documents 1 CFR September 29, Executive orders and proclamations 741–6000 601...... 48609 2017 ...... 49083 The United States Government Manual 741–6000 603...... 48609 No. 2017–14 of Other Services 2 CFR September 30, 2017 ...... 49085 741–6020 Electronic and on-line services (voice) Proposed Rules: No. 2017–15 of Privacy Act Compilation 741–6050 1201...... 46716 September 30, Public Laws Update Service (numbers, dates, etc.) 741–6043 3 CFR 2017 ...... 50047 Proclamations: 5 CFR ELECTRONIC RESEARCH 9646...... 46353 831...... 49277 World Wide Web 9647...... 46355 839...... 49277 9648...... 46357 841...... 49277 Full text of the daily Federal Register, CFR and other publications 9649...... 46359 842...... 49277 is located at: www.fdsys.gov. 9650...... 46361 847...... 49277 Federal Register information and research tools, including Public 9651...... 46653 1201...... 47083 Inspection List, indexes, and Code of Federal Regulations are 9652...... 47361 located at: www.ofr.gov. 9653...... 47943 7 CFR 9654...... 47945 15a...... 46655 9655...... 47947 E-mail 319...... 45955 9656...... 47949 983...... 49087 FEDREGTOC (Daily Federal Register Table of Contents Electronic 9657...... 47951 996...... 48755 Mailing List) is an open e-mail service that provides subscribers 9658...... 48191 1217...... 49485 with a digital form of the Federal Register Table of Contents. The 9659...... 48383 3560...... 49282 digital form of the Federal Register Table of Contents includes 9660...... 48749 HTML and PDF links to the full text of each document. 9661...... 48751 Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 9662...... 48753 33...... 46425 USGPOOFR/subscriber/new, enter your email address, then 9663...... 49735 35...... 46425 follow the instructions to join, leave, or manage your 9664...... 50053 9 CFR subscription. Executive Orders: 201...... 48594 PENS (Public Law Electronic Notification Service) is an e-mail 13223 (Amended by Proposed Rules: service that notifies subscribers of recently enacted laws. EO 13814)...... 49273 13522 (Revoked by 1...... 48938 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html EO 13812)...... 46367 2...... 48938 and select Join or leave the list (or change settings); then follow 13708 (Superseded by 201...... 48603 the instructions. EO 13811)...... 46363 10 CFR FEDREGTOC and PENS are mailing lists only. We cannot 13780...... 50055 respond to specific inquiries. 13805 (Revoked by 20...... 46666 Reference questions. Send questions and comments about the EO 13811)...... 46363 Proposed Rules: Federal Register system to: [email protected] 13811...... 46363 50...... 46717 13812...... 46367 429...... 50324 The Federal Register staff cannot interpret specific documents or 13813...... 48385 431...... 50324 regulations. 13814...... 49273 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 13815...... 50055 11 CFR longer appears in the Federal Register. This information can be Administrative Orders: Proposed Rules: found online at http://bookstore.gpo.gov/. Memorandums: 110...... 46937 Memorandum of 12 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER September 25, 2017 ...... 46649 34...... 49089 45679–45954...... 2 48609–48748...... 19 Memorandum of 261...... 49286 45955–46122...... 3 48749–48901...... 20 October 11, 2017 ...... 50051 271...... 45679 46123–46368...... 4 48903–49086...... 23 Notice of October 16, Ch. II ...... 46668 46369–46654...... 5 49087–49274...... 24 2017 ...... 48607 225...... 49089 323...... 49089 46655–46892...... 6 49275–49484...... 25 Notice of October 23, 2017 ...... 49275 324...... 50228 46893–47082...... 10 49485–49736...... 26 Memorandum of 329...... 50228 47083–47362...... 11 49737–50058...... 27 October 25, 2017 ...... 50301 382...... 50228 47363–47610...... 12 50059–50304...... 30 Memorandum of Ch. V...... 47083 47611–47952...... 13 50305–50490...... 31 October 26, 2017 ...... 50305, 607...... 48758 47953–48192...... 16 50307 701...... 50288 48193–48388...... 17 Presidential 703...... 50288 48389–48608...... 18 Determinations: 705...... 50288
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708a...... 50288 746...... 45959 25...... 48779 8a...... 48630 709...... 50288 748...... 45959, 48925 54...... 47656, 47658 Proposed Rules: 722...... 49089 750...... 45959 301...... 48013 17...... 45756, 48018 741...... 50288 754...... 45959 745...... 50288 756...... 45959 27 CFR 39 CFR 746...... 50270 758...... 45959 Proposed Rules: 20...... 48933 747...... 50288 760...... 45959 4...... 47164, 47165 111...... 47628, 49123 750...... 50288 762...... 45959 24...... 47165, 47167 266...... 47115 1002...... 45680 3000...... 50319 764...... 45959 29 CFR 1024...... 47953 766...... 45959 3020...... 48632 1101...... 45697 768...... 45959 2590...... 47792, 47838 Proposed Rules: Proposed Rules: 770...... 45959 4022...... 47613 20...... 49160 3...... 49984 772...... 45959 Proposed Rules: 111 ...... 46010, 47659, 50346 46...... 49764 774...... 45959 2560...... 47409 3050...... 46950, 47168 211...... 47164 Proposed Rules: 30 CFR 40 CFR 217...... 49984 30...... 46739 238...... 47164 56...... 46411 9...... 45990, 48637 324...... 49984 16 CFR 57...... 46411 52 ...... 45995, 45997, 46134, 583...... 45962 702...... 50094 1307...... 49937 46136, 46415, 46417, 46420, 740...... 46173 Proposed Rules: 31 CFR 46672, 46674, 46679, 46681, 1026...... 48463 Ch. II ...... 46740 46682, 46903, 46915, 46917, 0...... 47105 46919, 46921, 46923, 47122, 13 CFR 1112...... 49767 23...... 47107 1250...... 47645 47145, 47147, 47149, 47154, 102...... 46369 594...... 50313 47376, 47378, 47380, 47383, 120...... 47958 17 CFR 32 CFR 47385, 47393, 47396, 47397, 126...... 48903 47629, 47630, 47631, 47634, 1...... 50309 706...... 48415, 48764 313...... 48760 47635, 47636, 47640, 47930, Ch. I ...... 48394 Proposed Rules: Proposed Rules: 47936, 47981, 47983, 47985, 227...... 45722 Ch. I ...... 48939 Ch. I ...... 47645 47988, 47992, 47993, 48324, 230...... 45722, 50059 Ch. V...... 48939 48425, 48431, 48435, 48439, 14 CFR Ch. VI...... 48939 18 CFR 48442, 48448, 48766, 48769, 25 ...... 48193, 48389, 48394, Ch. VII...... 48939 4...... 49501 49128 49492 199...... 48938 5...... 49501 60...... 48202 36...... 46123 16...... 49501 33 CFR 62...... 47398, 49511 39 ...... 45697, 45701, 45703, 100 ...... 45977, 45979, 46413, 63 ...... 47328, 48156, 49132, 45705, 45710, 46379, 46382, Proposed Rules: 46672, 47615, 48417 49513 46669, 47084, 47091, 47094, 35...... 46940, 48013 117 ...... 45728, 45729, 45980, 70...... 46420 47363, 47367, 47371, 48904, 40...... 49541 45981, 47112, 47615, 47974, 81...... 48442, 48448 48906, 48910, 48912, 48915, 801...... 47407 47975, 48419, 49104, 49510, 97...... 48324 48917, 48919, 48921, 49091, 19 CFR 50082, 50315 180 ...... 45730, 46685, 46926, 49095, 49494, 49498 46929, 47996, 48000, 49745, 12...... 50070 155...... 47975 71 ...... 45713 45714, 45715, 165 ...... 45729, 45981, 45984, 50084 45716, 45717, 45719, 45720, 21 CFR 45986, 45988, 46132, 46901, 261...... 45736, 49533 45957, 45958, 46893, 46894, 47113, 47374, 47616, 47618, 721...... 45990, 48637 46895, 46897, 47097, 47098, 862...... 48413, 50071 770...... 49287 866 ...... 47965, 47967, 48762, 47620, 47623, 48420, 48422, 47103, 47104, 47611, 47612, Proposed Rules: 49098, 49100, 49102, 50073, 48931, 49106, 49110, 50315, 47959, 47960, 47961, 47962, 52 ...... 45762, 46010, 46433, 50075, 50077 50317 48924 46434, 46444, 46450, 46453, 870...... 46900 183...... 49737 73 ...... 45721, 46898, 47964 46741, 46742, 46951, 47169, 876 ...... 45725, 47969, 50080 326...... 47623 91...... 46123 47170, 47662, 48030, 48033, 882...... 47373, 50080 334...... 49113 97 ...... 46385, 46386, 48609, 48034, 48035, 48472, 48473, 1308...... 47971, 49504 Proposed Rules: 48611, 48614, 48615 48474, 48475, 48780, 48942, Proposed Rules: 110...... 46004 1264...... 48760 117 ...... 46948, 48939, 48940, 48944, 49166 1271...... 48760 Ch. I ...... 49300 60...... 48035 101...... 45753, 50324 49153, 49550 Proposed Rules: 165...... 46007 62...... 47421, 49563 Ch. I ...... 45750 112...... 47656 70...... 46453 34 CFR 39 ...... 45743, 46719, 46722, 23 CFR 80...... 46174 46725, 46727, 46729, 46938, 600...... 48424 81...... 48474, 48475 Proposed Rules: 47405, 48668, 48671, 49144, 668...... 48195, 49114 180...... 47422 Ch. I ...... 45750 49146, 49149, 49151 674...... 48195, 49114 261...... 50348 71 ...... 45747, 45749, 46426, Ch. II ...... 45750 682...... 48195, 49114 271...... 46454 48010, 48011 Ch. III ...... 45750 685...... 48195, 49114 711...... 47423 490...... 46427 97...... 46738 Proposed Rules: 713...... 49564 Ch. II ...... 45750 25 CFR 668...... 49155 770...... 49302 Ch. III ...... 45750 674...... 49155 170...... 50312 41 CFR 682...... 49155 15 CFR Proposed Rules: 685...... 49155 51–11...... 49747 730...... 45959 517...... 48205 Proposed Rules: 732...... 45959 37 CFR Ch. 301 ...... 47663 26 CFR 734...... 45959 Proposed Rules: App. C...... 47663 736...... 45959 1 ...... 46388, 46671, 46672, 2...... 48469 304...... 47663 738...... 45959 48618, 49508 201...... 47415, 49550 305...... 47663 740...... 45959 54...... 47792, 47838 202...... 47415 306...... 47663 742...... 45959 Proposed Rules: 743...... 45959 1 ...... 47408, 48013, 48779, 38 CFR 42 CFR 744...... 45959 49549 3...... 49121 405...... 46138
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409...... 46163 Subtitle B ...... 49300 Proposed Rules: Ch. XI...... 45750 411...... 46163 Ch. II ...... 49300 1...... 46011 412...... 46138 Ch. III ...... 49300 20...... 46011, 47663 50 CFR 413...... 46138, 46163 Ch. IV...... 49300 52...... 47669 414...... 46138 Ch. X...... 49300 64...... 49303 17...... 46691, 49751 416...... 46138 Ch. XIII...... 49300 74...... 47683 622 ...... 46170, 47162, 47640, 424...... 46163 160...... 46182 76...... 47683 47641, 49142, 50322 486...... 46138 162...... 46182 78...... 47683 635...... 46000, 46934 488...... 46138, 46163 648 ...... 46002, 46936, 48007, 48 CFR 489...... 46138 46 CFR 48008, 48936, 49297 493...... 48770 Proposed Rules: 660...... 48656 495...... 46138 Proposed Rules: Ch. 12 ...... 45750 665...... 47642, 49143 Ch. II ...... 45750 679 ...... 46171, 46422, 47162, Proposed Rules: 49 CFR Ch. I ...... 49300 47402, 47403, 48204,48460, 47 CFR Ch. IV...... 49300 Ch. X...... 49295 48667, 49539, 50093 416...... 46181 1...... 46688, 48773 174...... 48006 Proposed Rules: 418...... 46181 2 ...... 46688, 47155, 48459 191...... 48655 17 ...... 45779, 46183, 46197, 424...... 46181 15...... 46688 192...... 48655 46618, 46748, 50360 482...... 46181 20...... 48773 571...... 50089 20...... 46011 483...... 46181 27...... 47155 593...... 49132 36...... 45793 485...... 46181 36...... 48774 831...... 47401 222...... 48674 511...... 46182 42...... 48774 Proposed Rules: 223...... 48948 51...... 47161 Ch. I ...... 45750 229...... 47424 43 CFR 54...... 48774 Ch. II ...... 45750 253...... 50363 Proposed Rules: 61...... 50321 Ch. III ...... 45750 300...... 46016 3160...... 46458 63...... 48774 Ch. V...... 45750 622 ...... 46205, 49167, 50101, 3170...... 46458 64...... 48203, 48774 Ch. VI...... 45750 50104 80...... 48459 Ch. VII...... 45750 635...... 49303, 49773 45 CFR 90 ...... 46688, 46690, 47400, Ch. VIII...... 45750 648 ...... 46749, 48781, 48967 147...... 47792, 47838 48005, 48459 Ch. X...... 45750 660 ...... 46209, 50106, 50366 Proposed Rules: 95...... 46688 395 ...... 49770, 49701, 50358 665...... 50112 Subtitle A ...... 49300 97...... 46688 1102...... 45771 679...... 46016
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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 October 30, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.
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