Federal Register Vol. 82, No.131,

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range31887-32121
FR Document

82_FR_131
Current View
Page and SubjectPDF
82 FR 31887 - International Entrepreneur Rule: Delay of Effective DatePDF
82 FR 32038 - Sunshine Act MeetingPDF
82 FR 32014 - Sunshine Act MeetingPDF
82 FR 32016 - Sunshine Act Meeting NoticePDF
82 FR 32046 - Public Notice for Waiver of Aeronautical Land Use Assurance Arlington Municipal Airport, Arlington, WAPDF
82 FR 32046 - FAA Approval of Noise Compatibility Program; Westfield-Barnes Regional Airport, Westfield, MassachusettsPDF
82 FR 32048 - Notice of Opportunity for Public Comment on Disposal of 4.9 Acres of Airport Land at Southbridge Municipal Airport in Southbridge, MAPDF
82 FR 32013 - Meetings of Humanities PanelPDF
82 FR 32017 - FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Units 1 and 2PDF
82 FR 31932 - Labeling Relief; Formaldehyde Emission Standards for Composite Wood ProductsPDF
82 FR 31922 - Labeling Relief; Formaldehyde Emission Standards for Composite Wood ProductsPDF
82 FR 31903 - Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia RiverPDF
82 FR 31956 - Applications for New Awards; American History and Civics Education-National Activities GrantsPDF
82 FR 32044 - Request for Comments on Operation of the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership ActPDF
82 FR 31933 - Submission for OMB Review; Comment RequestPDF
82 FR 31974 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 31973 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 31939 - Notice of Availability of the Mississippi Trustee Implementation Group 2016-2017 Restoration Plan/Environmental Assessment and Finding of No Significant Impact (FONSI)PDF
82 FR 31948 - Endangered Species; File No. 21111PDF
82 FR 32008 - 60-Day Notice of Proposed Information Collection: Continuum of Care Homeless Assistance Grant Application-Continuum of Care RegistrationPDF
82 FR 32013 - Aerospace Safety Advisory Panel; MeetingPDF
82 FR 32012 - NASA Advisory Council; MeetingPDF
82 FR 32011 - Hardwood Plywood From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty InvestigationsPDF
82 FR 32012 - [Investigation Nos. 701-TA-563 and 731-TA-1331-1332 (Final)] HEADFinished Carbon Steel Flanges From India and Italy; Supplemental Schedule for the Subject InvestigationsPDF
82 FR 32009 - 30-Day Notice of Proposed Information Collection: Application for Mortgage Insurance for Cooperative and Condominium HousingPDF
82 FR 32009 - 30-Day Notice of Proposed Information Collection: Compliance Inspection Report and Mortgagee's Assurance of CompletionPDF
82 FR 32007 - 30-Day Notice of Proposed Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/PreservationPDF
82 FR 32010 - 30-Day Notice of Proposed Information Collection: Condominium Project Approval Document CollectionPDF
82 FR 31906 - Drawbridge Operation Regulation; Willamette River at Portland, ORPDF
82 FR 31972 - Agency Information Collection Activities: 60-Day Public Comment RequestPDF
82 FR 32016 - Information Collection: Licenses, Certifications, and Approvals for Nuclear Power PlantsPDF
82 FR 31941 - Notice of Public Meeting of the New Hampshire Advisory CommitteePDF
82 FR 31907 - Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WAPDF
82 FR 31948 - Evaluation of State Coastal Management Programs and National Estuarine Research ReservesPDF
82 FR 31934 - Submission for OMB Review; Comment RequestPDF
82 FR 31952 - Marine Protected Areas Federal Advisory Committee; Public MeetingsPDF
82 FR 32014 - Diversified Scientific Services, Inc.PDF
82 FR 31925 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian IslandsPDF
82 FR 31928 - Commercial Fishing Safety Advisory Committee-Input To Support Regulatory Reform of Coast Guard Regulations-New TaskPDF
82 FR 31963 - Combined Notice of Filings #1PDF
82 FR 31965 - CB Energy Park, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing ProcessPDF
82 FR 31965 - North American Electric Reliability Corporation; Notice of Filing Taking Effect by Operation of LawPDF
82 FR 31965 - PE Berkeley, Inc.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 31964 - Pure Energy USA, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 31964 - Robinson Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 31966 - Combined Notice of Filings #2PDF
82 FR 31890 - Energy Conservation Program: Test Procedures for CompressorsPDF
82 FR 32050 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 32051 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 32052 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 31950 - Marine Mammals; File No. 21143PDF
82 FR 31968 - Information Collections Being Reviewed by the Federal Communications CommissionPDF
82 FR 31971 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
82 FR 31967 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
82 FR 31970 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
82 FR 31969 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
82 FR 31907 - Drawbridge Operation Regulation; Willamette River at Portland, ORPDF
82 FR 32003 - Draft Standardization of Pharmaceutical Quality/Chemistry Manufacturing and Control Data Elements and Terminologies; Request for CommentsPDF
82 FR 32002 - Determination of Regulatory Review Period for Purposes of Patent Extension; Intercept Blood System for PlateletsPDF
82 FR 31974 - Determination of Regulatory Review Period for Purposes of Patent Extension; Intercept Blood System for PlasmaPDF
82 FR 31976 - Medical Devices; Exemptions From Premarket Notification: Class II DevicesPDF
82 FR 31971 - Notice of Termination; 10187 Marco Community Bank, Marco Island, FloridaPDF
82 FR 32005 - Proposed Collection; 60-Day Comment Request; The National Institute of Mental Health Data Archive (NDA), (NIMH)PDF
82 FR 32053 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Internal Revenue Service Information Collection RequestsPDF
82 FR 31952 - Proposed Amendments to the Manual for Courts-Martial, United States (2016 ed.)PDF
82 FR 31954 - Agency Information Collection Activities; Comment Request; Annual State Application Under Part B of the Individuals With Disabilities Education ActPDF
82 FR 31955 - Agency Information Collection Activities; Comment Request; Annual State Application Under Part C of the Individuals With Disabilities Education Act as Amended in 2004PDF
82 FR 31953 - Agency Information Collection Activities; Comment Request; State Lead Agency Record Keeping and Reporting Requirements Under Part C of the Individuals With Disabilities Education Act (IDEA)PDF
82 FR 31955 - Agency Information Collection Activities; Comment Request; State and Local Educational Agency Record and Reporting Requirements Under Part B of the Individuals With Disabilities Education ActPDF
82 FR 31949 - Fisheries of the Exclusive Economic Zone off Alaska; Stock Assessment of Eastern Bering Sea Tanner Crab; Center for Independent Experts Peer Review MeetingPDF
82 FR 31924 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic RegionPDF
82 FR 32041 - Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P.PDF
82 FR 32039 - Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P.PDF
82 FR 32021 - Submission of Information Collection for OMB Review; Comment Request; Mergers and Transfers Between Multiemployer PlansPDF
82 FR 31972 - Petition of Maersk Line A/S for an Exemption From 46 CFR 530.8; Notice of Filing and Request for CommentsPDF
82 FR 32042 - African Growth and Opportunity Act (AGOA): Request for Public Comments on Annual Review of Country Eligibility for Benefits Under AGOA in Calendar Year 2018; Scheduling of Hearing, and Request for Public CommentsPDF
82 FR 31974 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 31973 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 32006 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
82 FR 32005 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
82 FR 32005 - Center for Scientific Review; Notice of Closed MeetingsPDF
82 FR 32022 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 2, to Amend Listing Standards for Special Purpose Acquisition Companies to Modify the Initial and Continued Distribution RequirementsPDF
82 FR 32026 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Proposed Rule Change To Introduce a New Market Maker Peg OrderPDF
82 FR 32024 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To List and Trade Shares of the GraniteShares Gold Trust Under NYSE Arca Equities Rule 8.201PDF
82 FR 32037 - Self-Regulatory Organizations; ICE Clear Europe Limited; Order Approving Proposed Rule Change Relating to Clearing House Contributions to CDS Default ResourcesPDF
82 FR 32036 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to the ICE Clear Europe Finance ProceduresPDF
82 FR 32030 - Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Notice of Filings of Proposed Rule Changes To Adopt the Clearing Agency Model Risk Management FrameworkPDF
82 FR 31908 - Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PAPDF
82 FR 31929 - Periodic ReportingPDF
82 FR 31930 - Periodic ReportingPDF
82 FR 32021 - Product Change-Priority Mail and First-Class Package Service Negotiated Service AgreementPDF
82 FR 32049 - Michelin North America, Inc., Receipt of Petition for Decision of Inconsequential NoncompliancePDF
82 FR 31935 - Coconino County Resource Advisory CommitteePDF
82 FR 31938 - Southwest Mississippi Resource Advisory CommitteePDF
82 FR 31939 - Southwest Mississippi Resource Advisory CommitteePDF
82 FR 31937 - Southwest Mississippi Resource Advisory CommitteePDF
82 FR 31936 - Huron-Manistee Resource Advisory CommitteePDF
82 FR 31936 - National Advisory Committee for Implementation of the National Forest System Land Management Planning RulePDF
82 FR 31937 - Coconino County Resource Advisory CommitteePDF
82 FR 31938 - Coconino County Resource Advisory CommitteePDF
82 FR 31949 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingPDF
82 FR 31950 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingPDF
82 FR 31951 - Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
82 FR 32039 - Administrative Declaration of a Disaster for the State of NebraskaPDF
82 FR 32047 - Petition for Exemption; Summary of Petition Received; Ela Aviation USAPDF
82 FR 32048 - Petition for Exemption; Summary of Petition Received; Embry-Riddle Aeronautical UniversityPDF
82 FR 31931 - Air Plan Approval; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by VOC RACT RulesPDF
82 FR 31916 - Air Plan Approval; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by VOC RACT RulesPDF
82 FR 31931 - Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone StandardPDF
82 FR 31913 - Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone StandardPDF
82 FR 31892 - Airworthiness Directives; Piper Aircraft, Inc. AirplanesPDF
82 FR 32006 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 31899 - Airworthiness Directives; Airbus HelicoptersPDF
82 FR 31910 - Rosa's LawPDF
82 FR 31942 - Sugar From Mexico: Amendment to the Agreement Suspending the Countervailing Duty InvestigationPDF
82 FR 31945 - Sugar From Mexico: Amendment to the Agreement Suspending the Antidumping Duty InvestigationPDF
82 FR 32056 - Civilian Acquisition Workforce Personnel Demonstration (AcqDemo) Project; Department of Defense (DoD)PDF
82 FR 31901 - Airworthiness Directives; Airbus HelicoptersPDF
82 FR 31952 - Notice of MeetingPDF

Issue

82 131 Tuesday, July 11, 2017 Contents Agriculture Agriculture Department See

Forest Service

See

Natural Resources Conservation Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31933-31935 2017-14487 2017-14509
Civil Rights Civil Rights Commission NOTICES Meetings: New Hampshire Advisory Committee, 31941-31942 2017-14490 Coast Guard Coast Guard RULES Drawbridge Operations: Lake Washington Ship Canal, Seattle, WA, 31907 2017-14489 Willamette River at Portland, OR, 31906-31908 2017-14458 2017-14493 Safety Zones: Red Bull Flugtag, Allegheny River, Pittsburgh, PA, 31908-31910 2017-14424 Special Local Regulations and Safety Zones: Recurring Marine Events in Sector Columbia River, 31903-31906 2017-14512 PROPOSED RULES Regulatory Reviews: Commercial Fishing Safety Advisory Committee Meeting to Gain Input to Support Regulatory Reform of Coast Guard Regulations, 31928-31929 2017-14483 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Commission Fine Commission of Fine Arts NOTICES Meetings, 31952 2017-13789 Defense Department Defense Department NOTICES Civilian Acquisition Workforce Personnel Demonstration Project, 32056-32121 2017-14251 Manual for Courts-Martial: Proposed Amendments, 31952-31953 2017-14447 Education Department Education Department RULES Rosa's Law, 31910-31913 2017-14343 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual State Application under Part B of Individuals with Disabilities Education Act, 31954-31955 2017-14446 Annual State Application under Part C of Individuals with Disabilities Education Act as Amended in 2004, 31955 2017-14445 State and Local Educational Agency Record and Reporting Requirements under Part B of Individuals with Disabilities Education Act, 31955-31956 2017-14443 State Lead Agency Record Keeping and Reporting Requirements under Part C of Individuals with Disabilities Education Act, 31953-31954 2017-14444 Applications for New Awards: American History and Civics Education—National Activities Grants, 31956-31963 2017-14511 Energy Department Energy Department See

Federal Energy Regulatory Commission

RULES Energy Conservation Program: Test Procedures for Compressors, 31890-31892 2017-14472
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Emissions Statement Rule Certification for 2008 Ozone Standard, 31913-31915 2017-14396 Ohio; Control of Emissions of Organic Materials That are Not Regulated by VOC RACT Rules, 31916-31922 2017-14400 Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products, 31922-31924 2017-14513 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Illinois; Emissions Statement Rule Certification for 2008 Ozone Standard, 31931-31932 2017-14398 Ohio; Control of Emissions of Organic Materials That are Not Regulated by VOC RACT Rules, 31931 2017-14402 Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products, 31932 2017-14514 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 31899-31903 2017-14232 2017-14372 Piper Aircraft, Inc. Airplanes, 31892-31899 2017-14375 NOTICES Noise Compatibility Program: Westfield-Barnes Regional Airport, Westfield, MA, 32046-32047 2017-14522 Petitions for Exemption; Summaries: Ela Aviation USA, 32047-32048 2017-14405 Embry-Riddle Aeronautical University, 32048 2017-14404 Requests for Comments: Disposal of 4.9 Acres of Airport Land at Southbridge Municipal Airport in Southbridge, MA, 32048-32049 2017-14520 Waivers of Aeronautical Land Use Assurance: Arlington Municipal Airport, Arlington, WA, 32046 2017-14523 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31967-31971 2017-14459 2017-14460 2017-14461 2017-14462 2017-14463 Federal Deposit Federal Deposit Insurance Corporation NOTICES Receiverships; Terminations: 10187, Marco Community Bank, Marco Island, FL, 31971-31972 2017-14452 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 31963-31964, 31966-31967 2017-14475 2017-14481 Filings: North American Electric Reliability Corp., 31965 2017-14479 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: PE Berkeley, Inc., 31965-31966 2017-14478 Pure Energy USA, LLC, 31964 2017-14477 Robinson Energy, LLC, 31964-31965 2017-14476 License Applications: CB Energy Park, LLC, 31965 2017-14480 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31972-31973 2017-14492 Petitions for Exemptions: Maersk Line A/S, 31972 2017-14437 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 31973-31974 2017-14435 2017-14506 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 31973-31974 2017-14434 2017-14507 Food and Drug Food and Drug Administration NOTICES Draft Standardization of Pharmaceutical Quality/Chemistry Manufacturing and Control Data Elements and Terminologies, 32003-32004 2017-14456 Medical Devices: Exemptions from Premarket Notification; Class II Devices, 31976-32002 2017-14453 Patent Extension Regulatory Review Periods: INTERCEPT BLOOD SYSTEM FOR PLASMA, 31974-31976 2017-14454 INTERCEPT BLOOD SYSTEM FOR PLATELETS, 32002-32003 2017-14455 Forest Forest Service NOTICES Meetings: Coconino County Resource Advisory Committee, 31935-31939 2017-14410 2017-14411 2017-14417 2017-14419 Huron-Manistee Resource Advisory Committee, 31936-31937 2017-14414 National Advisory Committee for Implementation of National Forest System Land Management Planning Rule, 31936 2017-14413 Southwest Mississippi Resource Advisory Committee, 31937-31939 2017-14415 2017-14416 2017-14418 Health and Human Health and Human Services Department See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Homeland Homeland Security Department See

Coast Guard

RULES International Entrepreneur Rule: Delay of Effective Date, 31887-31890 2017-14619
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Mortgage Insurance for Cooperative and Condominium Housing, 32009 2017-14497 Compliance Inspection Report and Mortgagee's Assurance of Completion, 32009-32010 2017-14496 Condominium Project Approval Document Collection, 32010-32011 2017-14494 Continuum of Care Homeless Assistance Grant Application—Continuum of Care Registration, 32008-32009 2017-14502 FHA-Insured Mortgage Loan Servicing Involving Claims and Conveyance Process, Property Inspection/Preservation, 32007-32008 2017-14495 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sugar from Mexico: Amendment to Agreement Suspending Antidumping Duty Investigation, 31945-31947 2017-14282 Sugar from Mexico: Amendment to Agreement Suspending Countervailing Duty Investigation, 31942-31945 2017-14283 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Finished Carbon Steel Flanges from India and Italy, 32012 2017-14498 Hardwood Plywood from China, 32011-32012 2017-14499 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 32013 2017-14501 NASA Advisory Council, 32012-32013 2017-14500 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 32013-32014 2017-14518 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Humanities

National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Michelin North America, Inc., 32049-32050 2017-14420 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institute of Mental Health Data Archive, 32005-32006 2017-14451 Meetings: Center for Scientific Review, 32005 2017-14431 National Institute of Allergy and Infectious Diseases, 32005-32006 2017-14432 2017-14433 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: 2017 Commercial Accountability Measures and Closure for Blueline Tilefish in South Atlantic Region, 31924-31925 2017-14441 Fisheries of Exclusive Economic Zone Off Alaska: Reallocation of Pollock in Bering Sea and Aleutian Islands, 31925-31927 2017-14484 NOTICES Meetings: Evaluation of State Coastal Management Programs and National Estuarine Research Reserves, 31948 2017-14488 Fisheries of Exclusive Economic Zone off Alaska; Stock Assessment of Eastern Bering Sea Tanner Crab; Center for Independent Experts, 31949-31950 2017-14442 Fisheries of South Atlantic; South Atlantic Fishery Management Council, 31949-31950 2017-14408 2017-14409 Fisheries of South Atlantic; Southeast Data, Assessment, and Review, 31951-31952 2017-14407 Marine Protected Areas Federal Advisory Committee, 31952 2017-14486 Permit Applications: Endangered Species; File No. 21111, 31948-31949 2017-14504 Marine Mammals; File No. 21143, 31950-31951 2017-14465 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 32014 2017-14548 National Resources Natural Resources Conservation Service NOTICES Environmental Assessments; Availability, etc.: Mississippi Trustee Implementation Group 2016-2017 Restoration Plan, 31939-31941 2017-14505 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licenses, Certifications, and Approvals for Nuclear Power Plants, 32016-32017 2017-14491 Export License Applications: Diversified Scientific Services, Inc., 32014-32016 2017-14485 License Applications; Amendments: FirstEnergy Nuclear Operating Co.; Beaver Valley Power Station, Units 1 and 2, 32017-32021 2017-14517 Meetings; Sunshine Act, 32016 2017-14542 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mergers and Transfers Between Multiemployer Plans, 32021 2017-14438 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications: Hazardous Materials, 32050-32053 2017-14466 2017-14467 2017-14468 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 31929-31930 2017-14422 2017-14423 Postal Service Postal Service NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 32021-32022 2017-14421 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 32038-32039 2017-14560 Priorities, Requirements, Definitions, and Selection Criteria: ICE Clear Europe, Ltd., 32036-32037 2017-14426 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 32030-32035 2017-14425 ICE Clear Europe, Ltd., 32037-32038 2017-14427 Investors Exchange, LLC, 32026-32030 2017-14429 New York Stock Exchange, LLC, 32022-32024 2017-14430 NYSE Arca, Inc., 32024-32026 2017-14428 Small Business Small Business Administration NOTICES Disaster Declarations: Nebraska, 32039 2017-14406 State Department State Department NOTICES Presidential Permits: NuStar Logistics, L.P., 32039-32042 2017-14439 2017-14440 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32006-32007 2017-14374 Trade Representative Trade Representative, Office of United States NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: African Growth and Opportunity Act; Annual Review of Country Eligibility for Benefits in Calendar Year 2017, 32042-32044 2017-14436 Operation of Caribbean Basin Economic Recovery Act and Caribbean Basin Trade Partnership Act, 32044-32046 2017-14510 Transportation Department Transportation Department See

Federal Aviation Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multiple Internal Revenue Service Information Collection Requests, 32053-32054 2017-14448 Separate Parts In This Issue Part II Defense Department, 32056-32121 2017-14251 Reader Aids

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82 131 Tuesday, July 11, 2017 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103, 212 and 274a [CIS No. 2572-15; DHS Docket No. USCIS-2015-0006] RIN 1615-AC04 International Entrepreneur Rule: Delay of Effective Date AGENCY:

U.S. Citizenship and Immigration Services, DHS.

ACTION:

Final rule with request for comment; delay of effective date.

SUMMARY:

The Department of Homeland Security (DHS) is temporarily delaying the effective date of the International Entrepreneur Final Rule (82 FR 5238). This delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to Executive Order (E.O.) 13767, “Border Security and Immigration Enforcement Improvements.”

DATES:

The effective date of the regulation entitled International Entrepreneur Rule, published in the Federal Register on January 17, 2017, 82 FR 5238, is delayed from July 17, 2017 to March 14, 2018, except for amendatory instruction 6.a revising 8 CFR 274a.2(b)(1)(v)(C)(2), which will go into effect on July 17, 2017. Written comments must be received on or before August 10, 2017.

ADDRESSES:

You may submit comments, identified by DHS Docket No. USCIS-2015-0006, by any one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the Web site instructions for submitting comments.

Mail: You may submit comments directly to U.S. Citizenship and Immigration Services (USCIS) by sending correspondence to Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, UCSIS, DHS, 20 Massachusetts Avenue NW., Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2015-0006 in your correspondence. This mailing address may be used for paper, disk, or CD-ROM submissions.

FOR FURTHER INFORMATION CONTACT:

Steven Viger, Adjudications Officer, Office of Policy and Strategy, USCIS, DHS, 20 Massachusetts Avenue NW., Suite 1100, Washington, DC 20529-2140; telephone (202) 272-8377.

SUPPLEMENTARY INFORMATION:

I. Background

On August 31, 2016, the Department of Homeland Security (DHS or Department), U.S. Citizenship and Immigration Services (USCIS) published the International Entrepreneur Notice of Proposed Rulemaking in the Federal Register. See 81 FR 60129. On January 17, 2017, DHS published the International Entrepreneur Final Rule (the IE Final Rule) in the Federal Register. The effective date is July 17, 2017. See 82 FR 5238.

The IE Final Rule amended DHS regulations to include criteria that would guide the implementation of the Secretary of Homeland Security's discretionary case-by-case parole authority as applied to international entrepreneurs. Specifically, it applied to international entrepreneurs who can demonstrate that their parole into the United States under section 212(d)(5) of the Immigration and Nationality Act (INA) would provide a significant public benefit to the United States. In accordance with the final rule's criteria, such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. In addition to defining criteria for the favorable exercise of the Secretary's discretionary parole authority, the IE Final Rule established a period of initial parole stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate the applicant's ability to oversee and grow his or her start-up entity in the United States.

On January 25, 2017, the President issued Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements, prescribing improvements to border security and immigration enforcement. See 82 FR 8793 (Jan. 25, 2017). Section 11(d) of the E.O. requires the DHS Secretary to “take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

After review of E.O. 13767, DHS decided to delay the effective date of the IE Final Rule, to further consider it in light of E.O. 13767. The new effective date for the IE Final Rule, with one minor exception, is March 14, 2018. Additionally, DHS will issue a Notice of Proposed Rulemaking soliciting public comments on the proposal to rescind the IE Final Rule. The delayed effective date will provide an opportunity for the notice and comment rulemaking to take place.

As indicated above, DHS is not delaying the effective date with respect to one provision in the IE Final Rule. In the IE Final Rule, DHS revised 8 CFR 274a.2(b)(1)(v)(C)(2) to add the Department of State Consular Report of Birth Abroad (Form FS-240) to the regulatory text and to the “List C” listing of acceptable documents for Form I-9 verification purposes. See 82 FR 5238, 5241 & n.3. As part of the IE Final Rule, DHS also revised the accompanying form instructions to reflect this change. As this provision is unrelated to entrepreneur parole under the IE Final Rule, this one provision will go into effect on July 17, 2017, as originally provided.

II. Administrative Procedure Act

The Administrative Procedure Act (APA) authorizes agencies to issue a rule without notice and comment upon a showing of good cause. 5 U.S.C. 553(b)(B). The APA's good cause exception to public participation applies upon a finding that those procedures are “impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B).

DHS has good cause to forego notice and comment rulemaking to delay the effective date for the implementing provisions of the IE Final Rule, because notice and comment rulemaking would be contrary to the public interest. For the same reason, DHS has good cause to dispense with the 30-day delayed effective date. DHS, however, is nevertheless soliciting post-promulgation public comments on the decision to delay the IE Final Rule.

Undertaking notice and comment rulemaking to delay the IE Final Rule is contrary to the public interest for multiple reasons. If DHS does not delay the effective date immediately, USCIS would be required to expend limited agency resources to implement the IE Final Rule. Those resources are otherwise needed for USCIS to effectively and efficiently carry out its many existing immigration benefit programs facilitating lawful migration into United States. For example, implementing the program would require USCIS to establish a new business line for the processing of entrepreneur parole applications, hiring and training additional adjudicators, modifying intake and case management information technology systems, modifying application and fee intake contracts, developing guidance for the adjudicators, and communicating with the public. Given that DHS will be proposing to rescind the IE final rule, and may ultimately eliminate the program, the expenditure of these resources is unlikely to ever be recouped from filing fees under the new program. USCIS derives approximately 96 percent of its operating budget from fees, and would be required to absorb the costs of the IE program within its existing operating budget, possibly impacting efficiency and effectiveness in other programs. An inefficient use of limited resources is not conducive to the security and economic interests of the United States. Therefore, it is necessary for DHS to immediately suspend the effective date of the IE Final Rule.

Undertaking notice and comment rulemaking to delay the IE Final Rule while DHS considers rescinding the rule also would be contrary to the public interest for other reasons: doing so would sow confusion and would likely cause the waste of resources by multiple stakeholders with interests in this rulemaking. See generally Am. Hosp. Ass'n v. Bowen, 834 F.2d 1037, 1045 (D.C. Cir. 1987) (observing that exceptions to notice and comment, although construed narrowly, are designed for “situations where the policies promoted by public participation in rulemaking are outweighed by the countervailing considerations of effectiveness, efficiency, expedition and reduction in expense”) (quotation marks omitted). Courts have found “good cause” under the APA when an agency is moving expeditiously to eliminate uncertainty or confusion that, if left to linger, could cause tangible harm or hardship to the agency, the program, program users, or other members of the public. See Mid-Tex Elec. Coop. v. FERC, 822 F.2d 1123, 1133-34 (D.C. Cir. 1987) (agency had good cause to promote continuity and prevent “irremedial financial consequences” and “regulatory confusion”).

Allowing the IE Final rule to go into effect while the agency undertakes notice and comment rulemaking to delay its effective date in order to consider a rescission would lead the public to continue to rely on the rule. Such reliance would include expending significant effort and resources in order to establish eligibility under the criteria promulgated by the IE Final Rule. These criteria include establishing a start-up entity in the United States and demonstrating that the entity has secured significant U.S. capital investment or government funding. In the event the IE Final Rule is rescinded—which the Department believes is highly likely—individuals who satisfied these and other requirements of the IE Final Rule would quite possibly do so without being able to reap benefits from the rule. Therefore, providing notice and comment in this case is contrary to public interest.

III. Executive Order 12866, Regulatory Planning and Review

This rule is not “significant” under E.O. 12866, Regulatory Planning and Review.

IV. Paperwork Reduction Act

DHS is delaying the effective date for all proposed changes to the Form I-131, I-765, and I-941, from July 17, 2017, to March 14, 2018. Proposed changes to the Form I-9, with the exception to those changes specific to IE parole, will be effective July 17, 2017.

Under the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting requirements inherent in a rule. See Public Law 104-13, 109 Stat. 163 (May 22, 1995). This final rule involves a new information collection and makes revisions to the existing information collections as follows:

A. Overview of Information Collection, Application for Entrepreneur Parole, Form I-941

The IE Final Rule published on January 17, 2017, requires that an applicant requesting entrepreneur parole complete an Application for Entrepreneur Parole, Form I-941 which is a new information collection under the PRA. USCIS did receive one comment regarding the time burden of this form and, upon review of the work involved to review the form, gather necessary information to support the submission, and the time required to complete and submit the form, USCIS revised the estimated hour burden per response to 4.7 hours. The Form I-941 is being delayed until March 14, 2018.

a. Type of information collection: New information collection.

b. Abstract: If implemented, this collection would be used by individuals who file an application for entrepreneur parole under INA section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) and new 8 CFR 212.19. Such individuals, other than those filing an application on the basis of a material change, would be subject to biometric collection in connection with the filing of the application.

c. Title of Form/Collection: Application for Entrepreneur Parole, Form I-941.

d. Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-941, U.S. Citizenship and Immigration Services.

e. Affected public who will be asked or required to respond: Businesses and other for profit; Not-for-profit Institutions.

f. An estimate of the total annual numbers of respondents: 2,940.

g. Hours per response: The estimated hour per response for Form I-941 is 4.7 hours; the estimated hour burden per response for the biometric processing is 1.17 hours.

h. Total Annual Reporting Burden: The total estimated annual hour burden associated with this collection is 17,258 hours.

B. Overview of Information Collection, Application for Travel Document Form I-131, OMB Control No. 1615-0013

The IE Final Rule published by DHS on January 17, 2017 revised this information collection (i.e. Form I-131) by including spouses and children seeking parole on the basis of an entrepreneur parolee.

In addition to revising the form and form instructions, the IE Final Rule revised the estimate of total burden hours which had increased due to the addition of this new population of Application for Travel Document, Form I-131, filers, and the increase of burden hours associated with the collection of biometrics from these applicants. The changes made to Form I-131 are being delayed until March 14, 2018.

a. Type of information collection: Revised information collection.

b. Abstract: If implemented, this collection would be used by dependents of individuals who file an application for entrepreneur parole under INA section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) and new 8 CFR 212.19. Such individuals would be subject to biometric collection in connection with the filing of the application.

c. Title of Form/Collection: Application for Travel Document, Form I-131.

d. Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Application for Travel Document, Form I-131, U.S. Citizenship and Immigration Services.

e. Affected public who will be asked or required to respond: Individuals or households.

f. An estimate of the total annual numbers of respondents: 594,324.

The total number of respondents includes the additional population of 3,234 individuals as estimated previously in the analysis in Section IV.C.

g. Hours per response: The estimated hour per response for Form I-131 Supplement is 1.9 hours; the estimated hour burden per response for the biometric processing is 1.17 hours; the estimated hour burden per response for the passport-style photographs is .5 hours.

h. Total Annual Reporting Burden: The total estimated annual hour burden associated with this collection is 1,372,928 hours.

C. Overview of Information Collection, Employment Eligibility Verification, Form I-9, OMB Control No. 1615-0047

In accordance with revised 8 CFR 274a.2(b)(1)(v)(C)(2), the IE Final Rule published on January 17, 2017 updated the Employment Eligibility Verification (Form I-9) Lists of Acceptable Documents, List C and the Document Title table to reflect the most current version of the certification or report of birth issued by the Department of State, Form FS-240 Consular Report of Birth Abroad. DHS also made clarifying changes in the form instructions by removing “the end of” when describing the day on which Form I-9 completion is required and revising the Office of Special Counsel for Immigration-Related Unfair employment Practices to its new name of Immigrant and Employee Rights Section (IER) in the Department of Justice's Civil Rights Division. These changes to the Form I-9 will go into effect on July 17, 2017 as currently scheduled.

The changes made to Form I-9 and instructions associated with new 8 CFR 274a.2(b)(1)(v)(A)(5) promulgated by the IE Final Rule are being delayed until March 14, 2018. Those changes concern the acceptable List A document described as the following: for an individual authorized to work for a specific employer because of his or her status or parole, a foreign passport and Form I-94 (or Form I-94A) that has the same name as the passport and has an endorsement by DHS indicating such employment-authorized status or parole, as long as the period of endorsement has not yet expired and the employment is not in conflict with the individual's employment-authorized status or parole. Specific changes to the form that are being delayed until March 14, 2018 also include revisions to the Form I-9 Lists of Acceptable Documents, List A item 5 to replace “nonimmigrant alien” with “individual,” to replace “alien's nonimmigrant” with “individual,” and to add “or parole” after “status” in List A item 5.b.(2).

a. Type of information collection: Revised information collection.

b. Abstract: This form was developed to facilitate compliance with section 274A of the Immigration and Nationality Act, which prohibits the knowing employment of unauthorized aliens. This information collection is necessary for employers, agricultural recruiters and referrers for a fee, and state employment agencies to verify the identity and employment authorization of individuals hired (or recruited or referred for a fee, if applicable) for employment in the United States.

c. Title of Form/Collection: Employment Eligibility Verification.

d. Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-9, U.S. Citizenship and Immigration Services.

e. Affected public who will be asked or required to respond: Business or other for-profit; Individuals or households; State, local or Tribal Government.

f. An estimate of the total annual numbers of respondents: 78 million employers and 78 million individuals. (The total number of responses will be only 78 million responses. Each response involves an employer and an individual who is being hired.)

g. Hours per response:

□ Time Burden for Employees—10 minutes (.17 hours) total;

□ Time Burden for Employers—20 minutes (.33 hours) total;

□ Time Burden for Recordkeeping—5 minutes (.08 hours) total.

h. Total Annual Reporting Burden: approximately 40,600,000 total annual burden hours.

D. Overview of Information Collection, Application for Employment Authorization, Form I-765, OMB Control No. 1615-0040

The IE Final Rule published on January 17, 2017 made minor revisions to the form instructions to reflect changes made by that rule that allow spouses of an entrepreneur parolee to request employment authorization. Those changes to Form I-765 are being delayed until March 14, 2018.

a. Type of information collection: Revised information collection.

b. Abstract: If implemented, this collection would be used by individuals who file an application for entrepreneur parole under INA section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) and new 8 CFR 212.19. Such individuals would be subject to biometric collection in connection with the filing of the application.

This form was developed for individual aliens to request employment authorization and evidence of that employment authorization. The form is being amended to add a new class of aliens eligible to apply for employment authorization, specifically a spouse of an entrepreneur parolee described as eligible for employment authorization under this rule. Supporting documentation demonstrating eligibility must be filed with the application. The form lists examples of relevant documentation.

c. Title of Form/Collection: Application for Employment Authorization, Form I-765.

d. Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I-765, U.S. Citizenship and Immigration Services.

e. Affected public who will be asked or required to respond: Individuals or households.

f. An estimate of the total annual numbers of respondents: 2,139,523.

This total represents the aggregate estimate for this information collection, to include the additional estimate of 2,940 respondents under this rule.

g. Hours per response: The estimated hour per response for Form I-765 is 3.42 hours; the estimated hour burden per response for biometric processing is 1.17 hours; the estimated hour burden per response for Form I-765 WS is .5 hours; the estimated hour burden per response for passport-style photographs is .5 hours.

h. Total Annual Reporting Burden: The total estimated annual hour burden associated with this collection is 8,985,859 hours.

John F. Kelly, Secretary.
[FR Doc. 2017-14619 Filed 7-10-17; 8:45 am] BILLING CODE 9111-97-P
DEPARTMENT OF ENERGY 10 CFR Parts 429 and 431 [EERE-2014-BT-TP-0054] RIN 1904-AD43 Energy Conservation Program: Test Procedures for Compressors AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION:

Request for information (RFI).

SUMMARY:

On January 4, 2017, the U.S. Department of Energy (“DOE”) published a final rule establishing new test procedures for certain varieties of compressors. The final rule established definitions, materials incorporated by reference, sampling plans, representations requirements, enforcement provisions and test procedures for certain varieties of compressors. Since that time, DOE has received correspondence, raising concerns that certain issues and information may not have been fully considered during the original rulemaking proceeding and also indicating further clarification may be needed to implement the rule as adopted. As a result, by this RFI, DOE is soliciting further data and information regarding the compressor test procedure and announcing that DOE will not seek to enforce the test procedure rule for 180 days (i.e., until December 30, 2017) while it considers the data and information already submitted and any further material submitted in response to this request for information.

DATES:

Comments: DOE will accept comments, data, and information regarding this RFI until September 11, 2017.

ADDRESSES:

Interested parties are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Any comments submitted must identify the request for information concerning the test procedures for compressors. You may submit comments, identified by Docket Number, EERE-2014-BT-TP-0054, by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

Email: [email protected] Include the docket number, EERE-2014-BT-TP-0054 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption.

Postal Mail: Appliance Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, Compressor TP RFI Docket Number: EERE-2014-BT-TP-0054, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6636. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies.

Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202) 586-6636. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

No telefacsimiles (faxes) will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section II of this document (Public Participation).

FOR FURTHER INFORMATION CONTACT:

Mr. James Raba, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8654. Email: [email protected]

Ms. Mary Greene, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-1817. Email: [email protected]

For further information on how to submit a comment, or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 586-6636 or by email: [email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents I. Authority and Background A. Coverage Determination B. Test Procedure C. Questions Raised About Test Procedure D. Request for Information and Enforcement Forbearance II. Public Participation A. Submission of Comments III. Approval of the Office of the Secretary I. Authority and Background A. Coverage Determination

Title III of the Energy Policy and Conservation Act of 1975, as amended (“EPCA”), sets forth a variety of provisions designed to improve energy efficiency. (42 U.S.C. 6291, et seq.) Part C of Title III, which for editorial reasons was re-designated as Part A-1 upon incorporation into the U.S. Code (42 U.S.C. 6311-6317), establishes the “Energy Conservation Program for Certain Industrial Equipment.” EPCA provides that DOE may include a type of industrial equipment, including compressors, as covered equipment if it determines that to do so is necessary to carry out the purposes of Part A-1. (42 U.S.C. 6311(2)(B)(i) and 6312(b)). The purpose of Part A-1 is to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation. (42 U.S.C 6312(a)) On November 15, 2016, DOE published a Notice of Final Determination of Coverage, classifying compressors as covered equipment. The final coverage determination became effective on December 15, 2016. 81 FR 79991.

B. Test Procedure

DOE may develop test procedures to measure the energy efficiency, energy use, or estimated annual operating cost of each covered equipment. (42 U.S.C. 6314). Manufacturers of covered equipment must use the prescribed DOE test procedure as the basis for certifying to DOE that their equipment complies with the applicable energy conservation standards adopted under EPCA and when making any representations regarding the energy use or efficiency of that equipment. (42 U.S.C. 6295(s), 6316(a) and 6314(d)).

On January 4, 2017, DOE published a final rule to establish new test procedures for certain varieties of compressors. 82 FR 1052. The final rule established definitions, materials incorporated by reference, sampling plans, representations requirements, enforcement provisions and test procedures for certain varieties of compressors. The effective date of the test procedure rule was originally February 3, 2017—i.e., 30 days after publication in the Federal Register.

Effective on February 1, 2017, DOE temporarily postponed the effective date of its January 4th final rule. See 82 FR 8985 (February 2, 2017). On March 21, 2017, the effective date of the test procedure final rule was further extended to July 3, 2017, the date on which EPCA (through 42 U.S.C. 6314(d)) requires compliance with that procedure. (82 FR 14426).

C. Questions Raised About Test Procedure

A number of small businesses have written DOE expressing concern about the economic burden of the test procedure rule (see e.g., submission from Compressed Air Systems (CAS) 1 ). They are concerned both about the cost of implementing the necessary changes to comply with the test procedure, as well as the cost of changing their informational literature to comply with the representation requirements. For example, Compressed Air Systems (CAS) has argued that DOE's cost estimates for the test procedure rule significantly under-estimated the cost the rule would impose and that when the DOE performed its financial impact analysis DOE failed to take into account a number of factors.

1 A notation in this form provides a reference for information that is in the docket for the compressor test procedure rulemaking (Docket No. EERE-2014-BT-TP-0054) (available at https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&dct=N%2BFR%2BPR%2BO&D=EERE-2014-BT-TP-0054).

Further, CAS also has raised questions regarding implementation of the test procedure, specifically the application of the ancillary equipment required for testing in Table 1 and Table 2 of section B4 within appendix A to subpart T of part 431 (See 82 FR 1103.). CAS claims to need clarification on appropriate filters and drains necessary to conduct the required test, as well as information on the interaction between DOE's test requirements and regulations already in force issued by the Environmental Protection Agency and the Occupational Safety and Health Administration (see data and information in docket).

DOE also received other comments pertaining to the compressor test procedure final rule both supporting the rule and voicing concerns about the rule, which can be viewed in the docket.

D. Request for Information and Enforcement Forbearance

Given the issues raised by small businesses, DOE is requesting additional data and information regarding the cost of implementing the existing test procedure, whether the specific mechanics of implementing the existing test procedure are sufficiently clear, and issues, if any, with the interaction of the DOE test procedure with existing rules of other Federal agencies. DOE will not seek to enforce compliance of the test procedure final rule for a period of 180 days from the July 3, 2017, compliance date of the test procedure final rule, as DOE gathers the requested data and information and determines how it will choose to proceed with the existing test procedure in light of such data and information.

II. Public Participation A. Submission of Comments

DOE will accept comments, data, and information regarding this request no later than the date provided in the DATES section at the beginning of this document. Interested parties may submit comments using any of the methods described in the ADDRESSES section at the beginning of this document.

Submitting comments via regulations.gov. The http://www.regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.

However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

Do not submit to regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (“CBI”)). Comments submitted through regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.

DOE processes submissions made through http://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that regulations.gov provides after you have successfully uploaded your comment.

Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide 139 all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted.

Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.

Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.

Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. See 10 CFR 429.7. It is DOE's policy that all comments be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

III. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this request for information.

Issued in Washington, DC, on June 30, 2017. Steven Chalk, Acting Assistant Secretary Energy Efficiency and Renewable Energy.
[FR Doc. 2017-14472 Filed 7-10-17; 8:45 am] BILLING CODE 6450-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9254; Directorate Identifier 2015-CE-030-AD; Amendment 39-18948; AD 2017-14-04] RIN 2120-AA64 Airworthiness Directives; Piper Aircraft, Inc. Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 95-26-13 for certain Piper Aircraft, Inc. Models PA-28-140, PA-28-150, PA-28-151, PA-28-161, PA-28-160, PA-28-180, PA-28-181, PA-28-235, PA-28-236, PA-28R-180, PA-28R-200, PA-28R-201, PA-28S-160, PA-28S-180, PA-32-260, PA-32-300, PA-32-301, PA-32-301T, PA-32R-300, PA-32R-301 (SP), PA-32R-301 (HP), PA-32R-301T, PA-32RT-300, PA-32RT-300T, and PA-32S-300 airplanes equipped with oil cooler hose assemblies that do not meet certain technical standard order (TSO) requirements. AD 95-26-13 required inspections, replacement, and adjustment of the oil cooler hose assemblies, as well as providing for a terminating action. This AD retains all of the requirements of AD 95-26-13 and adds language to clarify those requirements. This AD was prompted by several inquiries asking for clarification of the AD's applicability and compliance requirements. We are issuing this AD to correct the unsafe condition on these products.

DATES:

This AD is effective August 15, 2017.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9254; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Gary Wechsler, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-5575; fax: (404) 474-5606; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 95-26-13, Amendment 39-9472 (60 FR 67321, December 29, 1995) (“AD 95-26-13”). AD 95-26-13 applied to certain Piper Aircraft, Inc. Models PA-28-140, PA-28-150, PA-28-151, PA-28-161, PA-28-160, PA-28-180, PA-28-181, PA-28-235, PA-28-236, PA-28R-180, PA-28R-200, PA-28R-201, PA-28S-160, PA-28S-180, PA-32-260, PA-32-300, PA-32-301, PA-32-301T, PA-32R-300, PA-32R-301 (SP), PA-32R-301 (HP), PA-32R-301T, PA-32RT-300, PA-32RT-300T, and PA-32S-300 airplanes equipped with oil cooler hose assemblies that do not meet technical standard order C53a (TSO-C53a) Type D requirements. The NPRM published in the Federal Register on October 21, 2016 (81 FR 72742). The NPRM was prompted by several inquiries asking for clarification of the AD's applicability and compliance requirements. The NPRM proposed to retain all of the requirements of AD 95-26-13 and add language to clarify those requirements. We are issuing this AD to correct the unsafe condition on these products.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment.

Request the Unsafe Condition Be Addressed by Department of Commerce

G. Fenton requested this unsafe condition be addressed through the Department of Commerce instead of the Federal Aviation Administration because the NPRM applied to airplanes used for commercial purposes.

We disagree with this comment because the Federal Aviation Administration is charged by Congress to provide for the safe and efficient use of national airspace by commercial and private airplane operators.

We have not changed the AD based on this comment.

Request To Change Labor Rate in Cost of Compliance

G. Fenton requested we change the labor rate in the Cost of Compliance section to $72.50 per hour instead of $85 per hour. He thought the increased cost from $60 per hour from the 1995 AD to $85 per hour for this AD is unnecessary. He thought we should adjust the cost of the labor rate to a value between the two.

We disagree with this comment. The rate of $85 per hour is provided by the FAA Office of Aviation Policy and Plans for us to use when estimating the labor costs of complying with AD requirements.

We have not changed the AD based on this comment.

Request We Compile Changes From the Previous AD Into One Location

Jonathan Hartley requested we put all of the changes to this AD from AD 95-26-13 in a conspicuous location to reduce confusion and workload associated with compliance.

We partially agree with this comment. We agree there are instances where compliance confusion and workload could exist with the wording in the NPRM. However, we disagree with compiling the changes into one location because of formatting constraints in the AD structure.

We have made language changes to the regulatory text in the AD to clarify the compliance confusion and to reduce workload.

Request We Include an Outline for Maintaining Other Types of Oil Cooler Hoses

Jonathan Hartley requested we include in this AD an outline maintaining specific requirements for other types of oil cooler hoses.

We disagree with this comment. The unsafe condition addressed by this AD applies only to Type C and Type D oil cooler hoses. The requirements for maintaining other types of oil cooler hoses are not required to comply with the actions of this AD.

We have not changed the AD based on this comment.

Request We Include Additional Information Describing the Types of Hoses

George Ballard requested we include in the AD information explaining what constitutes a Type C and Type D hose assembly. He doesn't think the TSO adequately explains the difference between the Type C and Type D hose assemblies.

We disagree with this comment. The differences between the Type C and Type D hoses are provided in great detail in TSO-C53a and its referenced documents. This AD does not require that level of detail to comply with the inspections or corrective actions specified in the AD.

We have not changed the AD based on this comment.

Request We Clarify Terminating Action for Installation of Type D Hose Assemblies

Greg Dodson stated the requirement to inspect the oil cooler hose assembly installation for an oil cooler mounted in a location other than at or aft of the rear of the engine any time the oil cooler hose assembly is replaced conflicts with the installation of a Type D oil cooler hose assembly being terminating action for the AD.

We agree with this comment. The installation of the Type D oil cooler hose assembly terminates the requirement for the installation inspection.

We have changed the language in the AD to address the contradiction.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM.

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this AD affects 23,643 airplanes of U.S. registry.

This AD retains the same actions as AD 95-26-13 and the costs do not add any cost burden than that already in effect by AD 95-26-13. The difference in the Costs of Compliance with this AD and AD 95-26-13 is that we use $85 an hour as a labor rate in 2016 as opposed to $60 per hour in 1995.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection of the oil cooler hose assembly 1 work-hour × $85 per hour = $85 Not applicable $85 $2,009,655. Inspection of the clearance between the oil cooler hose assembly and the front exhaust stacks .5 work-hour × $85 per hour = 42.50 Not applicable $42.50 $1,004,827.50 See note 1 to Cost of Compliance. Replacement of the oil cooler hose assembly 1 work-hour × $85 per hour = $85 $430 $515 $12,176,145.
    Note:

    The estimated cost of the inspection of the clearance between the oil cooler hose assembly and the front exhaust stacks is for all airplanes affected by this AD; however, the inspection applies only to airplanes with the oil cooler mounted in a location other than at or aft of the rear of the engine. We have no way of knowing how many affected airplanes have that particular installation.

    We estimate the following costs to do any necessary adjustments that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these adjustments:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Adjustment of the clearance between the oil cooler hose assembly and the front exhaust stacks 1 work-hour × $85 per hour = $85 Not applicable $85
    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 95-26-13, Amendment 39-9472 (60 FR 67321, December 29, 1995), and adding the following new AD: 2017-14-04 Piper Aircraft, Inc.: Amendment 39-18948; Docket No. FAA-2016-9254; Directorate Identifier 2015-CE-030-AD. (a) Effective Date

    This AD is effective August 15, 2017.

    (b) Affected ADs

    This AD replaces AD 95-26-13, Amendment 39-9472 (60 FR 67321, December 29, 1995) (“AD 95-26-13”).

    (c) Applicability

    This AD applies to Piper Aircraft, Inc. Models PA-28-140, PA-28-150, PA-28-151, PA-28-161, PA-28-160, PA-28-180, PA-28-181, PA-28-235, PA-28-236, PA-28R-180, PA-28R-200, PA-28R-201, PA-28S-160, PA-28S-180, PA-32-260, PA-32-300, PA-32-301, PA-32-301T, PA-32R-300, PA-32R-301 (SP), PA-32R-301 (HP), PA-32R-301T, PA-32RT-300, PA-32RT-300T, and PA-32S-300 airplanes, all serial numbers, that are:

    (1) Equipped with one or more oil cooler hose assemblies that do not meet technical standard order C53a (TSO-C53a), Type D requirements; and

    (2) Certificated in any category.

    (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 79, Engine Oil.

    (e) Unsafe Condition

    AD 95-26-13 was prompted by numerous incidents/accidents caused by rupture or failure of the oil cooler hose assemblies. This AD action was prompted by requests to clarify the intent of AD 95-26-13. We are issuing this AD to prevent rupture or failure of the oil cooler hose assemblies, which could result in engine stoppage with consequent loss of control.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done. You may review the flow chart found in appendix 1 to assist you in complying with the actions of this AD.

    (g) Inspection Procedures for an Oil Cooler Mounted AT or AFT of the Rear of the Engine

    For any oil cooler hose assemblies that do not meet TSO-C53a, Type D requirements: Within the next 100 hours time-in-service (TIS) after February 5, 1996 (the effective date retained from AD 95-26-13), and repetitively thereafter at intervals not to exceed 100 hours TIS, inspect the fire sleeve of each oil cooler hose assembly for soaked oil, a brownish or whitish color, and any evidence of brittleness or deterioration as a result of heat or oil seepage. See figure 1 to paragraphs (g) and (h) of this AD for additional information.

    ER11JY17.016 Note 1 to paragraphs (g) and (h)(1) of this AD:

    Although not required by this AD, the FAA recommends that an oil cooler hose assembly flexibility test be done at 100-hour TIS intervals by gently lifting each oil cooler hose assembly in several places along its bottom surface, ideally at the center of an arc. If the oil cooler hose assembly moves slightly, either from side-to-side or upward, then some flexibility remains. If the oil cooler hose assembly appears hardened or inflexible, replacement is recommended.

    (h) Inspection Procedures for an Oil Cooler Mounted in a Location Other Than AT or AFT of the Rear of the Engine

    (1) For any oil cooler hose assemblies that do not meet TSO-C53a, Type D requirements: Within the next 100 hours TIS after February 5, 1996 (the effective date retained from AD 95-26-13), and repetitively thereafter at intervals not to exceed 100 hours TIS, inspect the fire sleeve of each oil cooler hose assembly for soaked oil, a brownish or whitish color, and any evidence of brittleness or deterioration as a result of heat or oil seepage. See figure 1 to paragraphs (g) and (h) of this AD for additional information.

    (2) For any oil cooler hose assemblies that do not meet TSO-C53a, Type D requirements: Within the next 100 hours TIS after February 5, 1996 (the effective date retained from AD 95-26-13) and repetitively thereafter at intervals not to exceed 100 hours TIS, inspect the oil cooler hose assemblies to ensure the installation conditions in paragraphs (h)(2)(i) through (iii) of this AD are met. See figure 1 to paragraphs (g) and (h) of this AD for additional information. If the conditions listed in paragraphs (h)(2)(i) through (iii) of this AD are not met, before further flight, make any necessary adjustments. See figure 2 to paragraph (h)(2) of this AD for additional information.

    (i) The oil cooler hose assemblies pass underneath and behind the electrical ground cable and in front of the lower of the two engine mounts.

    (ii) The oil cooler hose assemblies are secured to the engine mount strut and a clearance of at least 2 inches exists between the oil cooler hose assemblies and the exhaust stack.

    (iii) Oil cooler hose assemblies with a minimum outer diameter of 0.75 inch are installed with a bend radius of at least 6.5 inches.

    ER11JY17.001 (i) Corrective Actions

    (1) If any of the conditions described in paragraph (g) or (h)(1) of this AD are found on an oil cooler hose assembly during the inspection required in paragraph (g) or (h)(1) of this AD, as applicable, before further flight, replace the oil cooler hose assembly with a serviceable new or used TSO-C53a Type D oil cooler hose assembly or TSO-C53a Type C oil cooler hose assembly. If a used TSO-C53a Type C oil cooler hose assembly is installed, it must have documented hours TIS.

    Note 2 to paragraphs (i)(1) and (j) of this AD:

    If only one of the two oil cooler hose assemblies requires replacement, the FAA recommends replacing both of the oil cooler hose assemblies to simplify tracking the hours TIS of the assemblies.

    (2) If a newly installed oil cooler hose assembly is a TSO-C53a Type C oil cooler hose assembly and it is mounted in a location other than at or aft of the rear of the engine, then replacement of the oil cooler hose assembly must meet the conditions listed in paragraphs (h)(2)(i) through (iii) of this AD.

    (3) If compliance with paragraphs (i)(1) and (i)(2) of this AD results in both oil cooler hose assemblies of an airplane meeting TSO-C53a Type D requirements, then the requirements of this AD are terminated for the airplane.

    (j) Life Limit of TSO-C53a Type C Oil Cooler Hose Assemblies

    (1) When a TSO-C53a Type C oil cooler hose assembly accumulates 8 years or 1,000 hours TIS, whichever occurs first, replace the oil cooler hose assembly with a serviceable new or used TSO-C53a Type D oil cooler hose assembly or TSO-C53a Type C oil cooler hose assembly. If a used TSO-C53a Type C oil cooler hose assembly is installed, it must have documented hours TIS. If the newly installed oil cooler is a TSO-C53a Type C oil cooler hose assembly and it is mounted in a location other than at or aft of the rear of the engine the installation must meet the conditions listed in paragraphs (h)(2)(i) through (iii) of this AD.

    (2) You may at any time before a TSO-C53a Type C oil cooler hose assembly exceeds the life limit in paragraph (j)(1) of this AD, replace a TSO-C53a Type C oil cooler hose assembly with a TSO-C53a Type D oil cooler hose assembly.

    (3) If compliance with paragraphs (j)(1) or (j)(2) of this AD results in both oil cooler hose assemblies of an airplane meeting TSO-C53a Type D requirements, then the requirements of this AD are terminated for the airplane.

    (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (k) of this AD.

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) AMOCs approved for AD 95-26-13 (60 FR 67321, December 29, 1995) are not approved as AMOCs for the corresponding provisions of this AD.

    (l) Related Information

    For more information about this AD, contact Gary Wechsler, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-5575; fax: (404) 474-5606; email: [email protected]

    BILLING CODE 4910-13-P ER11JY17.018
    Issued in Kansas City, Missouri, on June 29, 2017. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-14375 Filed 7-10-17; 8:45 am] BILLING CODE 4910-13-C
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0060; Directorate Identifier 2016-SW-090-AD; Amendment 39-18949; AD 2017-14-05] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model SA330J helicopters. This AD requires replacing certain hydraulic pumps and is prompted by reports of broken screws that attach the cover of the hydraulic pump. The actions of this AD are intended to prevent an unsafe condition on these products.

    DATES:

    This AD becomes effective July 26, 2017.

    We must receive comments on this AD by September 11, 2017.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0060; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this final rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD No. 2016-264-E, dated December 22, 2016, to correct an unsafe condition for Airbus Helicopters Model SA330J helicopters. EASA advises of reports of broken screws that attach the cover of the hydraulic pump. A subsequent investigation identified a batch of screws delivered between July 1, 2015, and November 1, 2016, that have intrinsic embrittlement and reduced mechanical properties. Hydrogen was introduced into this batch of screws during production, causing the screws to become brittle and lack sufficient strength. These screws were installed in a batch of hydraulic pumps, part number (P/N) FR65WEO2005-175A, identified by certain serial numbers, EASA advises.

    This condition, if not detected and corrected, could lead to the failure of a cover bolt and loss of fluid from the hydraulic pump, resulting in loss of the hydraulic system and subsequent loss of helicopter control. As a result, EASA AD No. 2016-264-E requires replacing the hydraulic pumps.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

    Related Service Information

    We reviewed Airbus Helicopters Emergency Alert Service Bulletin No. SA330-29.12, Revision 0, dated December 22, 2016 (Airbus EASB), for Model SA330J helicopters and military model SA330L, SA330Jm, SA330S1, and SA330Sm helicopters. The Airbus EASB specifies removing Nexter Mechanics hydraulic pumps P/N FR65WEO2005-175A with certain serial numbers. If both the right-hand (RH) and left-hand (LH) hydraulic pumps have an affected P/N and serial number, the Airbus EASB specifies replacing the RH hydraulic pump before further flight and the LH hydraulic pump within 110 flying hours or 6 months. If only one hydraulic pump has an affected P/N and serial number, the Airbus EASB specifies replacing it within 110 flying hours or 6 months. The Airbus EASB also specifies that, for 6 months after receipt of the Airbus EASB, before installing an affected hydraulic pump it must be “returned to conformity” by complying with Nexter Mechanics Alert Service Bulletin No. NM/INGE/16-140, Revision 0, dated December 22, 2016 (Nexter ASB). After 6 months or 110 flying hours, whichever occurs first, the Airbus EASB states the affected hydraulic pumps are unfit for flight.

    AD Requirements

    This AD requires, within 15 hours time-in-service (TIS), removing the RH hydraulic pump if both hydraulic pumps are listed in the applicability section of this AD. This AD also prohibits installing an affected hydraulic pump on any helicopter.

    Differences Between This AD and the EASA AD

    The EASA AD requires replacing the LH hydraulic pump with a serviceable part within 110 hours TIS or 6 months, whichever comes first, if both the LH and RH hydraulic pumps are affected parts. The EASA AD also requires, if only one hydraulic pump is an affected part, replacing it with a serviceable part within 110 hours TIS or 6 months, whichever comes first. This AD makes no such requirements. We are considering requiring those actions. However, the planned compliance time for those actions would allow enough time to provide notice and opportunity for prior public comment. The EASA AD allows a hydraulic pump to be installed if it has been repaired in accordance with the Nexter ASB, while this AD does not.

    Costs of Compliance

    We estimate that this AD affects 24 helicopters and that labor costs average $85 per work-hour. Based on these estimates, we expect that replacing a hydraulic pump requires 2 work-hours and parts cost $2,500 for a total cost of $2,670 per helicopter and $64,080 for the U.S. fleet.

    FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the required corrective actions must be accomplished within 15 hours TIS, a very short time period based on the typical utilization rate of these helicopters in off-shore oil operations.

    Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for prior public comment before issuing this AD are impracticable and contrary to the public interest and that good cause exists to make this AD effective in less than 30 days.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-14-05 Airbus Helicopters: Amendment 39-18949; Docket No. FAA-2017-0060; Directorate Identifier 2016-SW-090-AD. (a) Applicability

    This AD applies to Airbus Helicopters Model SA330J helicopters, certificated in any category, with a left-hand and a right-hand hydraulic pump part number FR65WEO2005-175A with a serial number 4108, 4141, 4177, 4227, 4241, 4284, 4377, 4422, 4570, 4573, 4574, 4641, 4649, 4668, 4766, 4802, 4821, 4831, 4837, 4888, 4896, 4946, 4985, 5023, 5071, 5304, 5366, 5376, 5409, 5442, 5486, 5599, 5630, 94075/01, or 94048/01 installed.

    (b) Unsafe Condition

    This AD defines the unsafe condition as failure of a screw attaching the hydraulic pump cover. This condition could result in failure of a cover bolt and loss of fluid from the hydraulic pump, resulting in loss of the hydraulic system and subsequent loss of helicopter control.

    (c) Effective Date

    This AD becomes effective July 26, 2017.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 15 hours time-in-service, replace the right-hand hydraulic pump with an airworthy hydraulic pump that is not listed in paragraph (a) of this AD.

    (2) After the effective date of this AD, do not install on any helicopter a hydraulic pump that is listed in paragraph (a) of this AD.

    (f) Special Flight Permits

    Special flight permits are prohibited.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    (1) Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. SA330-29.12, Revision 0, dated December 22, 2016, and Nexter Mechanics Alert Service Bulletin No. NM/INGE/16-140, Revision 0, dated December 22, 2016, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2016-264-E, dated December 22, 2016. You may view the EASA AD on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2017-0060.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 2913, Hydraulic Pump (Electric/Engine) Main.

    Issued in Fort Worth, Texas, on June 30, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2017-14372 Filed 7-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6693; Directorate Identifier 2015-SW-033-AD; Amendment 39-18886; AD 2017-10-12] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters. This AD requires repetitive inspections of the intermediate gear box (IGB) fairing. This AD was prompted by separation of the IGB fairing from the fairing gutter and subsequent interference with the drive shaft. The actions of this AD are intended to prevent an unsafe condition on these products.

    DATES:

    This AD is effective August 15, 2017.

    The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of August 15, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6693.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6693; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    David Hatfield, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5116; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    On January 5, 2017, at 82 FR 1260, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters with an IGB fairing part number (P/N) 332A24-0303-05XX, 332A24-0303-06XX, 332A08-1391-00, or 332A08-1391-01 installed, where “XX” is any two alphanumeric characters. The NPRM proposed to require repetitive inspections of the IGB fairing. The proposed requirements were intended to prevent the detachment of the angle section of an IGB and subsequent interference between an IGB fairing and tail rotor inclined drive shaft. This condition could result in failure of a tail rotor drive shaft, loss of the tail rotor drive, and subsequent loss of control of the helicopter.

    The NPRM was prompted by AD No. 2015-0092, dated May 26, 2015, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for the Airbus Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters with certain part-numbered IGB fairings installed. EASA advises of occurrences involving separation of the angle section of the IGB fairing from the IGB fairing gutter, which caused interference with the tail rotor (T/R) inclined drive shaft. EASA states that this condition, if not detected and corrected, could lead to failure of the T/R drive shaft, loss of the T/R drive, and consequent reduced control of the helicopter. To address this condition, EASA issued a series of ADs, including AD No. 2015-0092, to require repetitive inspections of the IGB fairing and its attachment supports and installation of a new IGB fairing, P/N 332A24-0322-00, as terminating action for the inspections.

    Comments

    An individual commented that he supports the NPRM.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

    Differences Between This AD and the EASA AD

    The EASA AD requires replacing the IGB fairing with the composite fairing within 31 months. This AD requires this replacement within 150 hours time-in-service.

    Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Emergency Alert Service Bulletin (EASB), Revision 5, dated March 9, 2015, which is one document with three different identification numbers. EASB No. 53.01.47 is for Model AS332C, C1, L, L1, L2, and military model B, B1, M, M1, and F1 helicopters. EASB No. 53.00.48 is for military Model AS532-series helicopters. EASB No. 53A001 is for Model EC225 LP and the military Model EC725AP helicopter. EASB Nos. 53.01.47 and 53A001 are incorporated by reference in this AD. EASB No. 53.00.48 is not incorporated by reference in this AD.

    This service information specifies repetitive inspections of the IGB fairing, attachment supports, and fairing gutter. This service information also advises that IGB fairing P/Ns 332A24-0303-05XX, 332A24-0303-06XX, 332A08-1391-00, and 332A08-1391-01 are unfit for flight beginning December 1, 2017, and that these fairings should be replaced with a new composite fairing P/N 332A24-0322-00.

    We also reviewed Airbus Helicopters Service Bulletin No. AS332-53.01.78, Revision 0, dated March 9, 2015, for FAA type-certificated Model AS332C, C1, L, L1, and L2 helicopters and military Model AS332B, B1, F1, M, and M1 helicopters, and Airbus Helicopter Service Bulletin No. EC225-53-041, Revision 0, dated March 9, 2015, for the Model EC225LP helicopter. The service information specifies replacing each IGB fairing with a newly designed fairing. Airbus Helicopters identifies replacement of the IGB fairing under these service instructions as Modification 0726819.

    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Other Related Service Information

    We reviewed Airbus Helicopters EASB No. 53.01.47, Revision 4, for Model AS332C, C1, L, L1, L2, and military model B, B1, M, M1, and F1 helicopters and EASB No. 53A001, Revision 4, for Model EC225 LP and the military Model EC725AP helicopters. Both EASBs are part of one document that is dated September 27, 2011. The EASBs introduce periodic maintenance on the fairings and on the fairing's attachment angles.

    Costs of Compliance

    We estimate that this AD affects 11 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:

    • Visually inspecting each IGB fairing and the left- and right-hand attachment supports for a crack require a 0.5 work-hour for a total cost of $43 per helicopter and $473 for the U.S. fleet, per inspection cycle.

    • Replacing the IGB fairing requires 2 work hours and parts cost $2,600, for a total cost of $2,770 per helicopter and $30,470 for the U.S. fleet.

    • Replacing the attachment supports requires 2 work hours, and parts cost $1,100 for a total cost of $1,270 per helicopter.

    • Visually inspecting for a crack in the fairing gutter requires 0.5 work hour for a total cost of about $43 per helicopter.

    • Inspecting for interference and separation of the fairing gutter requires 0.5 work hour for a total cost of $43 per helicopter.

    • Replacing the inclined drive shaft tube requires 2 work hours, and parts cost $18,399, for a total cost of $18,569 per helicopter.

    • Replacing a hydraulic pipe requires 2 work hours, and parts cost $1,322, for a total cost of $1,492 per helicopter.

    • Repairing the flight control assembly requires 2 work hours, and parts cost $484, for a total cost of $654 per helicopter.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on helicopters identified in this rulemaking action.

    Regulatory Findings

    This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866;

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-10-12 Airbus Helicopters: Amendment 39-18886; Docket No. FAA-2016-6693; Directorate Identifier 2015-SW-033-AD. (a) Applicability

    This AD applies to Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters with an intermediate gear box (IGB) fairing part number (P/N) 332A24-0303-05XX, 332A24-0303-06XX, 332A08-1391-00, or 332A08-1391-01 installed, where “XX” is any two alphanumeric characters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as detachment of the angle section of an IGB and subsequent interference between an IGB fairing and tail rotor inclined drive shaft. This condition could result in failure of a tail rotor drive shaft, loss of the tail rotor drive, and subsequent loss of control of the helicopter.

    (c) Effective Date

    This AD becomes effective August 15, 2017.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    (1) Within 15 hours time-in-service (TIS) and thereafter at intervals not to exceed 15 hours TIS, visually inspect the IGB fairing and the left- and right-hand attachment supports for a crack as shown in Figure 2 of Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 53.01.47, Revision 5, dated March 9, 2015 (EASB No. 53.01.47) or EASB No. 53A001, Revision 5, dated March 9, 2015 (EASB No. 53A001), as appropriate for your model helicopter.

    (i) If there is a crack in an attachment support, replace the attachment support.

    (ii) If there is a crack in the fairing, replace the IGB fairing with IGB fairing P/N 332A24-0322-00 in accordance with the Accomplishment Instructions, paragraph 3.B.2, of Airbus Helicopters Service Bulletin No. AS332-53.01.78, Revision 0, dated March 9, 2015 (SB No. AS332-53.01.78) or Service Bulletin No. EC225-53-041, Revision 0, dated March 9, 2015 (SB No. EC225-53-041), as appropriate for your model helicopter.

    (2) For helicopters with IGB fairing P/N 332A24-0303-05XX or P/N 332A24-0303-06XX, within 15 hours TIS and thereafter at intervals not to exceed 15 hours TIS, visually inspect for a crack in the fairing gutter as shown in Figure 1 of EASB No. 53.01.47 or EASB No. 53A001. If there is a crack in the fairing gutter:

    (i) Inspect for interference and separation of the fairing gutter. If there is any interference between the gutter and the tail rotor inclined drive shaft tube, replace the tail rotor inclined drive shaft tube. If there is any interference between the gutter and a hydraulic pipe, repair or replace the hydraulic pipe. If there is any interference between the gutter and the flight controls, repair the flight controls in accordance with FAA-approved procedures. If there is any separation of the gutter, remove the gutter.

    (ii) Replace the IGB fairing with IGB fairing P/N 332A24-0322-00 in accordance with the Accomplishment Instructions, paragraph 3.B.2, of SB No. AS332-53.01.78 or SB No. EC225-53-041.

    (3) Within 150 hours TIS, replace the IGB fairing P/N 332A24-0303-05XX, 332A24-0303-06XX, 332A08-1391-00, or 332A08-1391-01 with IGB fairing P/N 332A24-0322-00 in accordance with the Accomplishment Instructions, paragraph 3.B.2, of SB No. AS332-53.01.78 or SB No. EC225-53-041.

    (4) Replacing the IGB fairing with IGB fairing P/N 332A24-0322-00 is terminating action for the repetitive inspections required by this AD.

    (5) Do not install an IGB fairing P/N 332A24-0303-05XX, P/N 332A24-0303-06XX, P/N 332A08-1391-00, or P/N 332A08-1391-01 on any helicopter.

    (f) Credit for Actions Previously Completed

    Compliance with Airbus Helicopters Emergency Alert Service Bulletin (EASB) No. 53.01.47, and EASB No. 53A001, both Revision 4, and both dated September 27, 2011, before the effective date of this AD is considered acceptable for compliance with the initial inspections specified in paragraphs (e)(1) and (e)(2) of this AD, but does not constitute terminating action for the repetitive inspections required by this AD.

    (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: David Hatfield, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5116; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

    (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015-0092, dated May 26, 2015. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2016-6693.

    (i) Subject

    Joint Aircraft Service Component (JASC) Code: 5350 Aerodynamic Fairings.

    (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (i) Airbus Helicopters Emergency Alert Service Bulletin No. 53.01.47, Revision 5, dated March 9, 2015.

    Note 1 to paragraphs (j)(2)(i) and (ii):

    Airbus Helicopters Emergency Alert Service Bulletin No. 53.01.47 and No. 53A001, both Revision 5, and both dated March 9, 2015, are co-published as one document along with Airbus Helicopters Emergency Alert Service Bulletin No. 53.00.48, Revision 5, dated March 9, 2015, which is not incorporated by reference in this AD.

    (ii) Airbus Helicopters Emergency Alert Service Bulletin No. 53A001, Revision 5, dated March 9, 2015.

    (iii) Airbus Helicopters Service Bulletin No. AS332-53.01.78, Revision 0, dated March 9, 2015.

    (iv) Airbus Helicopters Service Bulletin No. EC225-53-041, Revision 0, dated March 9, 2015.

    (3) For Airbus Helicopters service information identified in this AD, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at https://www.airbushelicopters.com/techpub/FO/scripts/myFO_login.php.

    (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on May 5, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2017-14232 Filed 7-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket Number USCG-2017-0224] RIN 1625-AA08, AA00 Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Coast Guard is establishing a special local regulation in the Coast Guard Captain of the Port Columbia River Zone for recurring marine events. During the recurring events, these regulated areas would be activated and would restrict vessels from portions of the waterway. These events were previously published as safety zones, temporary safety zones or individual regulated areas and have been revised and consolidated into a single as special local regulation in order to expedite public notification of events and ensure the protection of the maritime public from hazards associated with the annual events.

    DATES:

    This rule is effective July 11, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0244 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History

    The Coast Guard is establishing a new special local regulation for nine recurring marine events in the Sector Columbia River. On May 9, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, “Special Local Regulations; Safety Zones; Recurring Marine Events in Sector Columbia River” (82 FR 21495). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to the regulated areas. During the comment period that ended June 8, 2017, we received no comments.

    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register, due to The Big Float marine event occurring on July 15, 2017. This event was previously covered under a Temporary Final Rule. Delaying this rule would be impracticable due to the date of the event.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Columbia River has determined that large numbers of spectator vessels and marine traffic are expected to congregate around these event locations, and regulated areas are needed to protect both spectators and participants from the safety hazards associated with the event.

    IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 9, 2017. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

    The Coast Guard is revising and renaming 33 CFR 100.1302 to cover marine events within the Captain of the Port Zone Columbia River and removing §§ 100.1303 (Annual Kennewick, Washington, Columbia Unlimited Hydroplane Races), 100.1305 (Richland, Washington, west coast outboard championship hydro races), 165.1341 (Portland Dragon Boat Races, Portland, OR), and 165.1342 (Annual Roy Webster Cross-Channel Swim, Columbia River, Hood River, OR).

    These changes convert two existing safety zones (those currently in §§ 165.1341 and 165.1342) and temporary safety zones established annually for four events (The Big Float, Swim the Snake, Richland Regatta, and Columbia Crossing) into regulated areas in § 100.1302. This will consolidate and simplify our existing special local regulations.

    Additionally, this rule reorganizes and consolidates existing Sector Columbia River COTP Zone marine event regulations in 33 CFR part 100 and marine event safety zones under 33 CFR part 165. This action eliminates the burden and confusion caused by the current configuration of numerous individual regulations spread across two CFR parts.

    As large numbers of spectator vessels and marine traffic are expected to congregate around the event location, the regulated areas are needed to protect both spectators and participants from the safety hazards associated with the event. During the enforcement period of the regulated areas, persons and vessels would be prohibited from entering, transiting through, remaining, anchoring or mooring within the zone unless specifically authorized by the COTP or the designated representative. The Coast Guard may be assisted by other Federal, State and local agencies in the enforcement of these regulated areas. These events are listed below in the text of the regulation.

    Certain special local regulations are listed without known dates or times. Coast Guard Sector Columbia River will cause notice of the enforcement of these regulated areas to be made by all appropriate means to affect the widest publicity among the effected segments of the public, including publication in the Federal Register, Local Notice to Mariners and Broadcast Notice to Mariners.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    E.O.s 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs”), directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.”

    The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed it.

    This regulatory action determination is based on the size, location, duration, and time-of-day of the regulated areas. Vessels will only be restricted from special local regulation areas for a short duration of time. Vessels may transit in portions of the affected waterway except for those areas covered by the proposed regulated areas. Notifications of exact dates and times of the enforcement period will be made through notices of enforcements published in the Federal Register. In addition, we will inform the local maritime community via the Local Notice to Mariners, Broadcast Notice to Mariners, or both. No new or additional restrictions would be imposed on vessel traffic.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the regulated areas may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    C. Collection of Information

    This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

    Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves regulated areas for swim events and other marine events. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

    List of Subjects in 33 CFR Parts 100 and 165

    Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways, Harbors, Security measures.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. Revise §  100.1302 to read as follows:
    § 100.1302 Special Local Regulations; Marine Events within the Captain of the Port Zone Columbia River.

    This section applies to the marine events listed in Table 1 of this section. The regulations in this section will be enforced for the duration of each event, on or about the dates indicated in Table 1 of this section. Annual notice of the exact dates and times of the effective period of the regulations in this section with respect to each event, the geographical description of each regulated area, and details concerning the nature of the event and the number of participants and type(s) of vessels involved will be provided to the local maritime community through the Local Notice to Mariners, Broadcast Notice to Mariners, or both, well in advance of the events. If the event does not have a date listed, then the exact dates and times of the enforcement will be announced through a Notice of Enforcement in the Federal Register. Mariners should consult the Federal Register or their LNM to remain apprised of minor schedule or event changes. Thirteenth Coast Guard District LNM can be found at: http://www.navcen.uscg.gov/. The application requirements of § 100.15 apply to all marine events listed in the Table of this section.

    (a) The Coast Guard may patrol each event area under the direction of a designated Coast Guard Patrol Commander (PATCOM). PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign “PATCOM.” Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the Captain of the Port, Sector Columbia River.

    (b) PATCOM may control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.

    (c) PATCOM may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property. Such action may be justified as a result of weather, traffic density, spectator operation or participant behavior.

    (d) Vessels may not transit the regulated areas without PATCOM approval. Vessels permitted to transit must operate at a no wake speed, in a manner which will not endanger participants or other crafts in the event.

    (e) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through LNM, unless authorized by an official patrol vessel.

    Table 1 [All coordinates listed in the Table reference Datum NAD 1983] Number Date Event Sponsor Location 1 First or second weekend in June Rose Fest Dragon Boat Races Portland-Kaohsiung Sister Association Portland, OR. Regulated area includes all waters of the Willamette River shore to shore, bordered on the north by the Hawthorne Bridge, and on the south by the Marquam Bridge. 2 One day in May or June Spring Testing Hydroplane races Tri-Cities Water Follies Association Kennewick, WA. Regulated area includes all navigable waters within the Columbia River in the vicinity of Columbia Park, commencing at the Interstate 395 Bridge and continuing up river approximately 2.0 miles and terminating at the northern end of Wade Island. 3 Second weekend in June Richland Regatta Hydroplane races Northwest Power Boat Association Richland, WA. Regulated area includes all navigable waters of the Columbia River in the vicinity of Howard Amon Park, between River Miles 337 and 338. 4 Last Tuesday through Sunday in July Kennewick Hydroplane Races Tri-Cities Water Follies Association Kennewick, WA. Regulated area includes all navigable waters within the Columbia River in the vicinity of Columbia Park, commencing at the Interstate 395 Bridge and continuing up river approximately 2.0 miles and terminating at the northern end of Wade Island. 5 One Saturday in July The Big Float, group inner-tube float Human Access Project Portland, OR. Regulated area includes all navigable waters of the Willamette River, in Portland, Oregon, enclosed by the Hawthorne Bridge, the Marquam Bridge, and west of a line beginning at the Hawthorne Bridge at approximate location 45°30′50″ N.; 122°40′21″ W., and running south to the Marquam Bridge at approximate location 45°30′27″ N.; 122°40′11″ W. 6 Second Saturday in August Swim the Snake Blue Mountain Resource Conservation and Development Perry, WA. Regulated area includes all navigable waters, bank-to-bank of the Snake River, 500 yards upstream and 500 yards downstream from the Washington State Highway 261 Bridge at the approximate position of 46°35′23″ N.; 118°13′10″ W. 7 Annually on Labor Day Roy Webster Cross Channel Swim Hood River County Chamber of Commerce Hood River, OR. Regulated area includes all waters of the Columbia River between River Mile 169 and River Mile 170. 8 First or second weekend in September Portland Dragon Boat Races DragonSports USA Portland, OR. Regulated area includes the western side of the Willamette River extending from Tom McCall Waterfront Park between the Hawthorne and Marquam Bridges, Portland, OR: Line one starting at 45-30′49″ N./122-40′24″ W. then heading east to 45-30′49″ N./122-40′22″ W. then heading south to 45-30′29″ N./122-40′08″ W. then heading west to 45-30′26″ N./122-40′14″ W. then heading north ending at 45-30′49″ N./122-40′24″ W. 9 First Saturday after Labor Day weekend Columbia Crossing Swim 3 Rivers Road Runners Pasco, WA. Regulated area includes all navigable waters, bank-to-bank of the Columbia River in Pasco, Washington, between river mile 332 and river mile 335.
    §§ 100.1303 and 100.1305 [Removed]
    3. Remove §§ 100.1303 and 100.1305. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 4. The authority citation for part 165 continues to read as follows: Authority:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    §§ 165.1341 and 165.1342 [Removed]
    5. Remove §§ 165.1341 and 165.1342. Dated: June 28, 2017. B.C. Mcpherson, Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard District.
    [FR Doc. 2017-14512 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0644] Drawbridge Operation Regulation; Willamette River at Portland, OR AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs two Multnomah County bridges: Morrison Bridge, mile 12.8, and Hawthorne Bridge, mile 13.1, both crossing the Willamette River at Portland, OR. This deviation is necessary to accommodate the annual Portland Providence Bridge Pedal event. The deviation allows the bridges to remain in the closed-to-navigation position to allow safe roadway movement of event participants.

    DATES:

    This deviation is effective from 6 a.m. to 12:15 p.m. on August 13, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-0644 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Multnomah County (bridge owner) has requested a temporary deviation from the operating schedule for the Morrison Bridge, mile 12.8, and Hawthorne Bridge, mile 13.1, both crossing the Willamette River at Portland, OR. The requested deviation is to accommodate the annual Bridge Pedal event. To facilitate this event, the draws of theses bridges will be maintained as follows: Morrison Bridge provides a vertical clearance of 69 feet in the closed-to-navigation position; and Hawthorne Bridge provides a vertical clearance of 49 feet in the closed-to-navigation position; all clearances are referenced to the vertical clearance above Columbia River Datum 0.0. The normal operating schedule for these bridges is 33 CFR 117.897. This deviation allows the Morrison Bridge, and the Hawthorne Bridge to remain in the closed-to-navigation position, and need not open for maritime traffic from 6 a.m. to 12:15 p.m. on August 13, 2017. Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft.

    Vessels able to pass through the bridges in the closed-to-navigation position may do so at any time. The bridges will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterway, through our Local and Broadcast Notices to Mariners, of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridges must return to their regular operating schedules immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: July 6, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2017-14493 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0641] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of temporary deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs Seattle Department of Transportation's (SDOT) Fremont Bridge, across the Lake Washington Ship Canal, mile 2.6, at Seattle, WA. The deviation is necessary to accommodate heavy pedestrian crossing the bridge during the Lake Union 10K Run event. This deviation allows the bridge to remain in the closed-to-navigation position and need not open to maritime traffic.

    DATES:

    This deviation is effective from 7:30 a.m. to 8:10 a.m. on August 13, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-0641 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected].

    SUPPLEMENTARY INFORMATION:

    SDOT, the bridge owner, has requested a temporary deviation from the operating schedule for the Fremont Bridge, mile 2.6, crossing the Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate heavy pedestrian traffic crossing the bridge during the Lake Union 10K Run event. To facilitate this event, the double bascule draw of the bridge will not open for vessel traffic during the stated date and times. The Fremont Bridge provides a vertical clearance of 14 feet (31 feet of vertical clearance for the center 36 horizontal feet) in the close-to-navigation position. The clearance is referenced to the mean water elevation of Lake Washington. The normal operating schedule for the Fremont Bridge is found in 33 CFR 117.1051. Waterway usage on the Lake Washington Ship Canal ranges from commercial tug and barge to small pleasure craft. No early Sunday morning bridge opening requests have been received during August for the Fremont Bridge in the last five years.

    Vessels able to pass through the bridge in the closed-to-navigation position may do so at anytime. The bridge will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: July 6, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2017-14489 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0621] Drawbridge Operation Regulation; Willamette River at Portland, OR AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Hawthorne Bridge, mile 13.1, crossing the Willamette River at Portland, OR. This deviation is necessary to accommodate the Oregon Brewers' Parade event. The deviation allows the bridge to remain in the closed-to-navigation position to allow safe roadway movement of event participants.

    DATES:

    This deviation is effective from 11:30 a.m. to noon on July 26, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-0621 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected].

    SUPPLEMENTARY INFORMATION:

    Multnomah County (bridge owner) has requested a temporary deviation from the operating schedule for the Hawthorne Bridge, mile 13.1 crossing the Willamette River at Portland, OR. The requested deviation is to accommodate the Oregon Brewers' Parade event. To facilitate this event, the draw of this bridge will be allowed to be kept in the closed-to-navigation position to marine traffic from 11:30 a.m. to noon on July 26, 2017. The Hawthorne Bridge provides a vertical clearance of 49 feet in the closed-to-navigation position referenced to the vertical clearance above Columbia River Datum 0.0. The normal operating schedule is in 33 CFR 117.897(c)(3)(v). Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. The Coast Guard provided notice of and requested objections to this deviation to local mariners via the Local Notice Mariners, and email. No objections were submitted to the Coast Guard.

    Vessels able to pass through the bridge in the closed-to-navigation position may do so at any time. The bridge will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterway, through our Local and Broadcast Notices to Mariners, of the change in operating schedule for the bridges so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedules immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: June 30, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2017-14458 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0505] RIN 1625-AA00 Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for navigable waters of the Allegheny River 200 yards from the right descending bank, from mile marker (MM) 0.0 to MM 0.2. This safety zone is necessary to provide for the safety of life and protection of property from potential hazards associated with the Red Bull Flugtag event. Entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative.

    DATES:

    This rule is effective from 10:30 a.m. through 4:30 p.m. on August 5, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2016-0505 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected].

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Marine Safety Unit Pittsburg DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. After receiving and fully reviewing the event information, circumstances and exact location, the Coast Guard determined that a safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created during the Red Bull Flugtag event. It is impracticable to publish a NPRM because we must establish this safety zone by August 5, 2017, and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to protect persons and property from the dangers associated with the Red Bull Flugtag event.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has determined that the potential hazards associated with the Red Bull Flugtag event present a safety concern and that a safety zone is necessary on August 5, 2017. This rule is needed to provide for the safety of life and protection of vessels and the marine environment from potential hazards created from the Red Bull Flugtag event. The Coast Guard will notify the public and maritime community of the proposed safety zone and enforcement period via Broadcast Notice to Mariners (BNM).

    IV. Discussion of the Rule

    This rule establishes a safety zone on August 5, 2017, from 10:30 a.m. through 4:30 p.m. The safety zone will cover all navigable waters on the Allegheny River 200 yards from the right descending bank mile marker 0.0 to mile marker 0.2. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created from the Red Bull Flugtag event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and Executive Order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.

    This regulatory action determination is based on the size, location, duration and time-of-year of the safety zone. This safety zone affects a small portion of these navigable waterways for a limited duration of six hours and still will not impede the channel allowing vessels to pass through. Due to the limited scope and short duration of the safety zone, the impact on routine navigation is expected to be minimal. Additionally, the Coast Guard will issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessels to seek permission to transit the zone.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    C. Collection of Information

    This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

    Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

    E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting six hours that will prohibit entry on the Allegheny River 200 yards from the right descending bank mile 0.0 to mile 0.2 during the Red Bull Flugtag event. It is categorically excluded from further review under paragraph 34 (g) of Figure 2-1 of the Commandant Instruction M16475.1D. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES.

    G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

    List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T08-0505 to read as follows:
    § 165.T08-0505 Safety Zone; Red Bull Flugtag, Allegheny River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable waters of the Allegheny River 200 yards from the right descending bank from mile marker 0.0 to mile marker 0.2

    (b) Effective date. This safety zone will be in effect from 10:30 a.m. through 4:30 p.m. on August 5, 2017.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative.

    (2) Persons or vessels seeking entry into this safety zone must request permission from the COTP or a designated representative. The COTP or a designated representative may be contacted at 412-221-0807.

    (3) All persons shall comply with the instructions of the COTP or their designated representative. COTP or designated representative includes a United States Coast Guard commissioned officer, warrant officer, and petty officer.

    (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of the enforcement period for the safety zone.

    Dated: July 5, 2017. L. Mcclain, Jr., Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
    [FR Doc. 2017-14424 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF EDUCATION 34 CFR Parts 104, 105, 222, 300, 361, 373, 385, 668, and 674 [Docket ID ED-2017-OS-0051] RIN 1801-AA11 Rosa's Law AGENCY:

    Office of the Secretary, Department of Education.

    ACTION:

    Final regulations.

    SUMMARY:

    Rosa's Law changes references to “mental retardation” in Federal law to “intellectual disability” or “intellectual disabilities.” These final regulations implement this statutory change in applicable Department of Education regulations.

    DATES:

    These regulations are effective August 10, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Levon Schlichter, U.S. Department of Education, Office of the General Counsel, 400 Maryland Avenue SW., Room 6E235, Washington, DC 20202-2241. Telephone: (202) 453-6387 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this section.

    SUPPLEMENTARY INFORMATION:

    Rosa's Law (Pub. L. 111-256) amended sections of the Rehabilitation Act of 1973, as amended (Rehabilitation Act), the Individuals with Disabilities Education Act (IDEA), the Higher Education Act of 1965, as amended (HEA), and the Elementary and Secondary Education Act of 1965, as amended (ESEA), by removing the words “mental retardation” and replacing them with the words “intellectual disability” or “intellectual disabilities.” We are therefore revising applicable sections in title 34 of the Code of Federal Regulations (CFR). The following paragraphs describe the changes we are making to the regulations and the specific statutory changes on which the regulatory changes are based.

    Rehabilitation Act

    Statute: Rosa's Law amended the Rehabilitation Act by substituting “intellectual disability” for “mental retardation” in section 7(21)(A)(iii) (29 U.S.C. 705(21)(A)(iii)); substituting “intellectual disabilities” for “mental retardation” in section 204(b)(2)(C)(vi) (29 U.S.C. 764(b)(2)(C)(vi)); and substituting “President's Disability Employment Partnership Board and the President's Committee for People with Intellectual Disabilities” for “President's Committees on Employment of People With Disabilities and on Mental Retardation” in section 501(a) (29 U.S.C. 791(a)).

    Regulations: We have substituted “intellectual disability” for “mental retardation” and “having an intellectual disability” for “mentally retarded” in the following definitions:

    Term Section within title 34, CFR “handicapped person” § 104.3(j)(2)(i). “individual with a severe disability” § 385.4. “individual with a significant disability” §§ 361.5 and 373.4. “individual with handicaps” § 105.3. “physical or mental impairment” § 361.5.

    We have also substituted “intellectual disability” for “mental retardation” in Appendix A to part 104.

    Reasons: We have made these regulatory revisions to implement the changes made to the Rehabilitation Act by Rosa's Law.

    IDEA

    Statute: Rosa's Law amended the IDEA by substituting “intellectual disabilities” for “mental retardation” in sections 601(c)(12)(C) (20 U.S.C. 1400(c)(12)(C)) and 602(3)(A)(i) and (30)(C) (20 U.S.C. 1401(3)(A)(i) and (30)(C)).

    Regulations: We have revised Appendix F to 34 CFR part 300 and the following sections in title 34 to remove references to “mental retardation” and add, in their place, references to an “intellectual disability”: §§ 300.8(a)(1), (c)(6), (c)(7), and (c)(10)(ii); 300.309(a)(3)(ii); and 300.311(a)(6). Additionally, in § 300.8(c)(6), we have replaced the defined term “mental retardation” with the defined term “intellectual disability.”

    Reasons: We have made these regulatory revisions to implement the changes made to the IDEA by Rosa's Law.

    HEA

    Statute: Rosa's Law amended section 760(2)(A) of the HEA (20 U.S.C. 1140(2)(A)) by removing the words “mental retardation or.”

    Regulations: We have revised 34 CFR 668.231(b)(1) to remove the reference to “mental retardation or” and revised 34 CFR 674.51(l)(1) to remove the words “mentally retarded” and add, in their place, the words “individuals with intellectual disabilities.”

    Reasons: We have made these regulatory revisions to implement the changes made to the HEA by Rosa's Law.

    ESEA

    Statute: Rosa's Law amended the ESEA by substituting “intellectual disabilities” for “mental retardation” in section 7202(16)(E) (20 U.S.C. 7512(16)(E)).

    Regulations: We have revised the authority section to 34 CFR part 222 and also the authority section for 34 CFR 222.50 to include a citation to Rosa's Law.

    Reasons: Section 222.50 incorporates by reference the definition of “child with a disability” in 34 CFR 300.8. To account for the fact that we are amending 34 CFR 300.8 in this rulemaking, we have also revised the relevant authority sections in part 222 accordingly.

    Executive Orders 12866, 13563, and 13771

    Under Executive Order 12866, the Secretary must determine whether the regulatory action is “significant” and therefore subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action likely to result in a rule that may—

    (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities in a material way (also referred to as an “economically significant” rule);

    (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order.

    This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    Under Executive Order 13771, for each new regulation that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866, it must identify two deregulatory actions. For Fiscal Year 2017, any new incremental costs associated with a new regulation must be fully offset by the elimination of existing costs through deregulatory actions. The final regulations are not a significant regulatory action. Therefore, the requirements of Executive Order 13771 do not apply.

    We have also reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    With respect to Executive Orders 12866 and 13563, the amendments we are making through this rulemaking merely change the terminology used in our regulations, and they do not change any substantive requirements. Additionally, this rulemaking merely implements the changes that are required by statute.

    Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed regulations. However, these regulations merely reflect statutory changes and do not establish or affect substantive policy. Therefore, under 5 U.S.C. 553(b)(B), the Secretary has determined that proposed regulations are unnecessary and contrary to the public interest.

    Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations will not have a significant economic impact on a substantial number of small entities.

    Paperwork Reduction Act of 1995

    These regulations do not contain any information collection requirements.

    Intergovernmental Review

    These regulations are subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance.

    This document provides early notification of our specific plans and actions for this program.

    Assessment of Educational Impact

    Based on our own review, we have determined that these final regulations do not require transmission of information that any other agency or authority of the United States gathers or makes available.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    List of Subjects 34 CFR Part 104

    Civil rights, Equal educational opportunity, Equal employment opportunity, Individuals with disabilities.

    34 CFR Part 105

    Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities.

    34 CFR Part 222

    Administrative practice and procedure, Education of individuals with disabilities, Elementary and secondary education, Federally affected areas, Grant programs-education, Indians-education, Reporting and recordkeeping requirements, School construction.

    34 CFR Part 300

    Administrative practice and procedure, Education of individuals with disabilities, Elementary and secondary education, Equal educational opportunity, Grant programs-education, Privacy, Private schools, Reporting and recordkeeping requirements.

    34 CFR Part 361

    Grant programs-education, Grant programs-social programs, Manpower training programs, Reporting and recordkeeping requirements, Vocational rehabilitation.

    34 CFR Part 373

    Grant programs-education, Vocational rehabilitation.

    34 CFR Part 385

    Grant programs-social programs, Reporting and recordkeeping requirements, Vocational rehabilitation.

    34 CFR Part 668

    Administrative practice and procedure, Colleges and universities, Consumer protection, Grant programs-education, Loan programs-education, Reporting and recordkeeping requirements, Selective Service System, Student aid, Vocational education.

    34 CFR Part 674

    Loan programs-education, Reporting and recordkeeping, Student aid.

    Dated: July 3, 2017. Betsy DeVos, Secretary of Education.

    For the reasons discussed in the preamble, the Secretary amends parts 104, 105, 222, 300, 361, 373, 385, 668, and 674 of title 34 of the Code of Federal Regulations as follows:

    PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE 1. The authority citation for part 104 is revised to read as follows: Authority:

    20 U.S.C. 1405; 29 U.S.C. 794; Pub. L. 111-256, 124 Stat. 2643.

    § 104.3 [Amended]
    2. Section 104.3(j)(2)(i)(B) is amended by removing the words “mental retardation” and adding, in their place, the words “intellectual disability”. Appendix A to Part 104 [Amended] 3. Appendix A to part 104 is amended by: A. In subpart A, in the fourth sentence of the second paragraph of section 3 (Handicapped person), removing the words “mental retardation” and adding, in their place, the words “intellectual disability”. B. In subpart A, in the third sentence of the eighth paragraph of section 3 (Handicapped person), removing the words “mentally retarded” and adding, in their place, the words “having an intellectual disability”. C. In subpart D, in the fifth sentence of the fifth paragraph of section 24 (Educational setting), removing the words “severely retarded persons” and adding, in their place, the words “persons with severe intellectual disabilities”. D. In subpart D, in the second sentence of the second paragraph of section 28 (Private education), removing the words “mentally retarded persons” and adding, in their place, the words “persons with intellectual disabilities”. PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION 4. The authority citation for part 105 is revised to read as follows: Authority:

    29 U.S.C. 794; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 105.3 [Amended]
    5. Section 105.3 is amended by, in paragraph (1)(ii) of the definition of “Individual with handicaps” and in the paragraph that immediately follows paragraph (1)(ii), removing the words “mental retardation” wherever they appear and adding, in their place, the words “intellectual disability”. PART 222—IMPACT AID PROGRAMS 6. The authority citation for part 222 is revised to read as follows: Authority:

    20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 222.50 [Amended]
    7. Section 222.50 is amended by removing the authority citation that follows the section. PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES 8. The authority citation for part 300 is revised to read as follows: Authority:

    20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    9. Section 300.8 is amended by: A. In paragraph (a)(1), removing the words “mental retardation” and adding, in their place, the words “an intellectual disability”. B. Revising paragraph (c)(6). C. In paragraph (c)(7), removing the words “mental retardation” in both places they appear and adding, in their place, the words “intellectual disability”. D. In paragraph (c)(10)(ii), removing the words “mental retardation” and adding, in their place, the words “intellectual disability”. E. Removing the authority citation that follows the section.

    The revisions read as follows:

    § 300.8 Child with a disability.

    (c) * * *

    (6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. The term “intellectual disability” was formerly termed “mental retardation.”

    § 300.309 [Amended]
    10. Section 300.309 is amended by: A. In paragraph (a)(3)(ii), removing the words “Mental retardation” and adding, in their place, the words “An intellectual disability”. B. Removing the authority citation that follows the section.
    § 300.311 [Amended]
    11. Section 300.311 is amended by: A. In paragraph (a)(6), removing the punctuation and words “or motor disability; mental retardation” and adding, in their place, the punctuation and words “motor disability, or an intellectual disability;”. B. Removing the authority citation that follows the section. 12. Appendix F to Part 300 is amended by: A. Under the row labeled “DEFINITIONS (I)”, adding, in alphabetical order, the entry “Intellectual Disability 300.8(c)(6)”. B. Under the row labeled “DEFINITIONS (J-O)”, removing the entry “Mental retardation 300.8(c)(6)”. C. Adding a row to the index, in alphabetical order, labeled “INTELLECTUAL DISABILITY (Definition) § 300.8(c)(6)”. D. Removing the row in the index labeled “MENTAL RETARDATION (Definition) 300.8(c)(6)”.

    The additions read as follows:

    Appendix F to Part 300—Index for IDEA—part B Regulations [34 CFR Part 300] *         *         *         *         *         *         * DEFINITIONS (I) • Intellectual Disability 300.8(c)(6). *         *         *         *         *         *         * INTELLECTUAL DISABILITY (Definition) 300.8(c)(6). *         *         *         *         *         *         *
    PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM 13. The authority citation for part 361 is revised to read as follows: Authority:

    Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c); Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 361.5 [Amended]
    14. Section 361.5 is amended by: A. Removing the authority citation that follows paragraph (c)(30). B. Removing the authority citation that follows paragraph (c)(40). PART 373—REHABILITATION NATIONAL ACTIVITIES PROGRAMS 15. The authority citation for part 373 is revised to read as follows: Authority:

    Section 303(b) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 773(b); Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 373.4 [Amended]
    16. Section 373.4 is amended by removing the authority citation that follows the definition of “Individual with a significant disability”. PART 385—REHABILITATION TRAINING 17. The authority citation for part 385 is revised to read as follows: Authority:

    Sections 12(c), 301, and 302 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 771, and 772; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 385.4 [Amended]
    18. Section 385.4 is amended by removing the authority citation that follows the section. PART 668—STUDENT ASSISTANCE GENERAL PROVISIONS 19. The authority citation for part 668 is revised to read as follows: Authority:

    20 U.S.C. 1001-1003, 1070a, 1070g, 1085, 1087b, 1087d, 1087e, 1088, 1091, 1092, 1094, 1099c, and 1099c-1, 1221e-3, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 668.231 [Amended]
    20. Section 668.231 is amended by: A. In paragraph (b)(1) introductory text, removing the words “mental retardation or”. B. Removing the authority citation that follows the section. PART 674—FEDERAL PERKINS LOAN PROGRAM 21. The authority citation for part 674 is revised to read as follows: Authority:

    20 U.S.C. 1070g, 1087aa-1087hh; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

    § 674.51 [Amended]
    22. Section 674.51 is amended by: A. In paragraph (l)(1), removing the words “Mentally retarded” and adding, in their place, the words “Individuals with intellectual disabilities”. B. Removing the authority citation that follows the section.
    [FR Doc. 2017-14343 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0278; FRL-9964-65-Region 5] Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) submission from the Illinois Environmental Protection Agency (IEPA) dated May 9, 2017. The submission provides IEPA's certification that its existing emission statement program, titled “Annual Emissions Report”, remains in effect and satisfies the Clean Air Act (CAA) emissions statement requirement for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. Louis-St. Charles-Farmington, Missouri-Illinois nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS). Under the CAA, states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to annually report emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX).

    DATES:

    This direct final rule is effective September 11, 2017, unless EPA receives adverse comments by August 10, 2017. If adverse comments are received by EPA, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2017-0278 at http://www.regulations.gov or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen D'Agostino, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312-886-1767, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. Background II. IEPA's Emission Statement Certification and EPA's Evaluation of the State's Submission III. Final Action IV. Statutory and Executive Order Reviews I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Effective July 20, 2012, EPA designated nonattainment areas for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012, and 77 FR 34221, June 11, 2012). The Chicago-Naperville, IL-IN-WI and St. Louis-St. Charles-Farmington, MO-IL areas were designated as marginal nonattainment areas for the 2008 ozone NAAQS. The Chicago-Naperville, IL-IN-WI was reclassified from marginal nonattainment to moderate nonattainment on May 4, 2016 (81 FR 26697).

    Section 182(a)(3)(B) of the CAA requires states with ozone nonattainment areas classified as marginal and above to submit revisions to their SIPs to require the owner or operator of each stationary source of NOX or VOC to provide the state with an annual statement documenting the actual emissions of NOX and VOC from their source. Under section 182(a)(3)(B)(ii), a state may waive the emissions statement requirement for any class or category of stationary sources which emits less than 25 tons per year of VOC or NOX if the state, in its base year emissions inventory, provides an inventory of emissions from such class or category of sources. States and EPA have generally interpreted this waiver provision to apply to sources (without specification of a specific source class or source category) emitting less than 25 tons per year of VOC or NOX.

    Many states, including Illinois, adopted emissions statement rules for stationary sources in nonattainment areas under the 1-hour ozone NAAQS, which EPA approved as part of each state's SIP. In cases where an existing emission statement requirement is still adequate to meet the requirements under the 2008 ozone NAAQS, states may provide the rationale for that determination to EPA in a written statement for approval in the SIP to meet the requirements of section 182(a)(3)(B). See 80 FR 12264, 12291 (March 6, 2015).

    II. IEPA's Emission Statement Certification and EPA's Evaluation of the State's Submission

    IEPA submitted a proposed SIP revision on May 9, 2017 certifying that the previously SIP-approved emissions statement regulations meet the emissions statement requirement for areas designated as nonattainment for the 2008 ozone standard pursuant to Sections 110 and 182 of the CAA. In its submission, IEPA stated that it has information collection authority under Section 4 of the Illinois Environmental Protection Act, and that IEPA collects NOX and VOC emission statements under 35 IAC Part 254, titled “Annual Emissions Report,” which applies to any source located in an ozone nonattainment area that has the potential to emit 25 tons per year or more of VOC or NOX from all emission units during the reporting year. IEPA further stated that these regulations also apply to permitted smaller sources which are required to submit and certify source-wide totals of actual emissions from all regulated air pollutants emitted. Finally, IEPA confirmed that in general, facilities subject to part 254 must submit actual emissions data for NOX and VOC on an annual basis, and must certify that the information provided is accurate to the best of the certifier's knowledge.

    EPA approved the “Annual Emissions Report” rules into the Illinois SIP on May 15, 2002 (67 FR 34614). Based on this approval and IEPA's certification, the regulations at 35 Ill. Adm. Code part 254 are sufficient to meet the emissions statement requirements of CAA section 182(a)(3)(B) for the 2008 ozone NAAQS.

    III. Final Action

    EPA is approving, as a SIP revision, IEPA's certification that Illinois' “Annual Emissions Report” rules at 35 IAC part 254 meet the requirements of CAA section 182(a)(3)(B) under the 2008 ozone standard for the Illinois portions of the Chicago-Naperville, IL-IN-WI and St. Louis-St. Charles-Farmington, MO-IL ozone nonattainment areas.

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective September 11, 2017 without further notice unless we receive relevant adverse written comments by August 10, 2017. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that, if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective September 11, 2017.

    IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 20, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. In § 52.720, the table in paragraph (e) is amended by adding an entry for “Ozone (8-hour, 2008) certification of emissions statement regulations” following the entry for “Compliance schedules” to read as follows:
    § 52.720 Identification of plan.

    (e) * * *

    EPA-Approved Illinois Nonregulatory and Quasi-Regulatory Provisions Name of SIP provision Applicable geographic or
  • nonattainment area
  • State submittal
  • date
  • EPA approval date Comments
    *         *         *         *         *         *         * Ozone (8-hour, 2008) certification of emissions statement regulations Chicago and St. Louis areas 5/9/2017 7/11/2017, [insert Federal Register citation] Certification that Illinois' previously approved regulations at 35 IAC part 254 meet the emission statement requirements for the 2008 ozone NAAQS. *         *         *         *         *         *         *
    [FR Doc. 2017-14396 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0272; FRL-9964-46-Region 5] Air Plan Approval; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by VOC RACT Rules AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the Ohio Administrative Code (OAC) rule as part of Ohio's State Implementation Plan (SIP). This rule has generally been revised to: make minor style changes to meet Ohio's legislative service commission style and formatting guidelines; add specific effective dates within the rule; correct certain errors and omissions introduced when the rule was last revised; remove facilities and units that have been permanently shut down; update the names of certain subject facilities; and modify certain source applicability exclusions. Sources controlled by this rule are not covered by existing Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) rules or other organic material emission control rules in Ohio's Administrative Code.

    DATES:

    This direct final rule is effective September 11, 2017, unless EPA receives adverse comments by August 10, 2017. If adverse comments are received by EPA, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2016-0272, at https://www.regulations.gov, or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen D'Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. What revisions has Ohio made in rule 3745-21-07 and are they approvable as a revision of the Ohio SIP? II. What action is EPA taking? III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. What revisions has Ohio made in rule 3745-21-07 and are they approvable as a revision of the Ohio SIP?

    The rule at OAC 3745-21-07 was adopted by the state of Ohio to control airborne emissions of organic materials from existing (as of the effective date of the adopted rule) sources not covered by other VOC emission control rules in OAC 3745-21. Most recently, EPA approved revisions to OAC 3745-21-07 into the Ohio SIP on August 19, 2011 (76 FR 51901).

    On April 29, 2016, the Ohio Environmental Protection Agency (OEPA) submitted an amended OAC 3745-21-07, requesting that EPA approve the rule amendments as a revision to the Ohio SIP. The following summarizes the rule revisions and discusses whether these rule revisions are approvable as SIP revisions.

    Where we note “this rule” or “the rule,” unless otherwise noted, we mean OAC 3745-21-07.

    3745-21-07

    The title of the rule has been revised to “Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745—21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code.” This title change accounts for the addition of VOC emission control rules that now cover some of the sources formerly covered by OAC 3745-21-07.

    (A) Applicability:

    (A)(1)—“RESERVED” modified to “Reserved.”

    (A)(2)—“RESERVED” modified to “Reserved.”

    (A)(3) — This paragraphs states that OAC 3745-21-07 applies to any source or operation for which installation commenced prior to February 18, 2008, and that is specified in paragraphs (K) through (N) of this rule. This rule does not apply to VOC emissions from sources or operations subject to rules 3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29. Any owner or operator of a source or operation identified in paragraphs (K) to (N) of this rule must have complied with the facility-specific and general emission control requirements of this rule by February 18, 2008. This paragraph was revised to reflect that new VOC emission control rules now cover some of the sources formerly covered by OAC 3745-21-07.

    The other rule revision in this paragraph replaces what was previously “the effective date of this rule” by a specific date, February 18, 2008. February 18, 2008, was the effective date of the previous version of this rule; therefore, specifying this date retains and clarifies the date used to define the group of sources or operations subject to the requirements of this rule and the date by which subject emission control requirements must be implemented.

    (A)(4)—This paragraph voids emission control requirements or operational restrictions contained in a permit-to-install, permit-by rule, permit-to-operate, or Title V permit if the requirements refer to photochemically reactive materials or the need to determine or document materials as being photochemically reactive materials or any recordkeeping and reporting requirements related to photochemically reactive materials. The revisions to this rule paragraph include the replacement of “the effective date of this rule” with the date February 18, 2008, grammatical corrections, and the addition of rule paragraph (N)(3) the list of emission limitations and control requirements in paragraph (A)(4). The list should include all paragraphs that contain an emission limitation or control requirement, but paragraph (N)(3) was inadvertently left out when Ohio last revised the rule.

    (A)(5)—This paragraph states that this rule shall not apply to any source, including any new source, as defined in rule OAC 3745-15-01, for which installation commenced after “February 18, 2008,” revised from “the effective date of this rule.”

    (A)(6)—This paragraph lists the emission test methods or emission data sources that may be used to demonstrate compliance for sources subject to mass emission rates under the rule. This rule paragraph has been revised to clarify that the owner or operator of a subject source or operation may demonstrate compliance using one of the three compliance methods listed.

    (B)-(J)—“RESERVED” modified to “Reserved” for all of these rule paragraphs.

    (K) Facility-specific control requirements for storage tanks (stationary tank, reservoir, or other container):

    (K)(1)—This paragraph lists source facility owners or operators, source facility IDs, and source emission unit IDs for emission units subject to the emission control requirements in paragraph (K)(2), which requires that the storage tanks containing any liquid organic material that has a vapor pressure of 1.5 pounds per square inch or greater, under actual storage conditions, be equipped with one of the following: (a) A floating pontoon or double-deck type cover that includes closure seals (not permitted if the liquid in the tank has a vapor pressure of 12.5 pounds per square inch absolute or greater under actual storage conditions); or (b) a vapor recovery system or control system that reduces the emissions of organic compounds by at least 90 percent by weight.

    The owner or operator names in the table of facilities and emissions units subject to the requirements of paragraph (K)(2) have been revised as noted here: “The Glidden Company” has been revised to “Akzo Nobel Coatings, Inc.;” a subject emissions unit associated with Azko Nobel Coatings, “T066,” has been removed due to permanent shutdown; and “Marathon Ashland Petroleum, LLC” has been revised to “Marathon Petroleum Company LP—Brecksville Terminal.”

    (K)(3)—This paragraph lists source facility owners or operators, source facility IDs, and source emission unit IDs for emission units consisting of storage tanks with capacities equal to or less than 65,000 gallons, subject to the control requirements in paragraph (K)(4), which requires subject sources to not place, store, or hold in any storage tank identified in (K)(3) any liquid organic material that has a vapor pressure of 1.5 pounds per square inch absolute or greater, under actual storage conditions, unless the storage tank is equipped with a permanent submerged fill pipe, or is loaded through the use of a portable loading tube, which can be inserted below the liquid level during loading operations, or is fitted with a vapor recovery system as described in paragraph (K)(2)(b) of this rule.

    Rule paragraph (K)(3) has been amended to remove the following sources previously subject to the requirements of (K)(4) due to permanent shutdown: Newark Air Force Base/AGMC (source facility 0145020224, source units T012 and T013); the Lubrizol Corporation, Wickliffe Facility (source facility 0243150025, source units T224 and T225); Veolia Environmental Services, LLC (source facility 0857751346, source units P006, T001, T005, T007, T017, T026, T040, T042, T044, T049, T051, T065, and T068); Clorox Company (source facility 1318000864, source unit T012); and Strongsville Expressmart (source facility 1318554294, source unit T008). For “Hukill Chemical Corporation” (source facility 1318030172), emissions unit T062 has been removed due to permanent shutdown. The following subject owner/operator names have been revised: “Tremco, Inc.” has been revised to “Tremco, Inc.—Mameco Division”; “Marathon Ashland Petroleum Corporation” has been revised to “Marathon Petroleum Company LP—Brecksville Terminal”; and “Glastic Corporation, Cleveland Facility” has been revised to “Rochling Glastic Composites”.

    (L) Facility-specific control requirements for oil-water separators (effluent water separators):

    (L)(1)—The owner/operator name of the only subject facility listed has been revised from “Marathon Ashland Petroleum, LLC” to “Marathon Ashland, LLC—CLOW”.

    (M) Facility-specific and general control requirements for emissions from operations using liquid organic materials:

    Table “(M)(1) Emissions Units” under paragraph (M)(1) lists owners/operators, source facility IDs, and emission units subject to the emission control requirements of paragraph (M)(2). Table (M)(1) has been revised as follows:

    a. The following owners/operators and their associated source facilities and emission units have been removed from the list of applicable sources due to permanent shutdown: TS Trim Industries, Incorporated; Plastech Engineered Products, Incorporated (two facilities); Clean Harbors PPM, LLC; Structural North America; PFF/MFD/STD of Avery Dennison; GE Quartz, Incorporated, Willoughby Plant; Cantar/Polyair Corporation; Roemer Industries, Incorporated; Peerless—Winsmith, Incorporated; Eaton INOAC, Company; Manufacturers Enameling Corporation; Mill's Pride, Incorporated; Delphi Chassis Systems, Needmore Operations; Delphi Classic Systems, Home Avenue; Pitney Bowes; Veolia Environmental Services, LLC; The Chemical Solvents, Incorporated; Queen City Barrel Company; Owens Corning Trumbull; Alex Fries and Bros., Incorporated; and Blackhawk Automotive Plastics, Incorporated.

    b. The following owner/operator names were revised with no other revisions to the applicable source facility IDs or source units: “Akzo Nobel” has been revised to “Akzo Nobel Coatings, Inc.;” “Kraftmaid Cabinetry, Inc., Middlefield #1” has been revised to “Masco Cabinetry Middlefield LLC (KraftMaid Plant #1);” “Chem Development” has been revised to “The Kennedy Group;” “LESCO, Inc.” has been revised to “Turf Care Supply Corp.—Martins Ferry Plant;” “Merillat Industries, Inc.” has been revised to “Masco Cabinetry, Merillat, Jackson;” “CDR Pigments and Dispersions” has been revised to “Flint Group Pigments; and “Emerald Polymer Additives” has been revised to “Emerald Performance Materials LLC.”

    c. The following subject sources have been removed because they were erroneously included in table (M)(1) when the rule was last revised: 1 Waste Technologies Industries, Incorporated (facility ID 0215020233); 2 Troy Laminating and Coating, Incorporated (facility ID 0855140077); and, emissions units P008 and P009 at Thermoseal, Incorporated (facility ID 0575010161) 3 (in addition, emissions units P001-P005 and P011-P012 have been removed due to permanent shutdown);

    1 When the rule was last revised, table (M)(1) was established to list emission units covered by the prior SIP-approved version of 3745-21-07. Emissions control was not required for units emitting less than 8 lbs/hr and 40 lbs/day. Because the potential emissions from the subject units are below this level, these units should not have been listed in table (M)(1).

    2 Regardless of the applicability of OAC 3745-21-07, these tanks will continue to be controlled through 40 CFR 61, subpart FF (National Emissions Standard for Benzene Waste Operations) and 40 CFR 63, subpart DD (National Emissions Standard for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations).

    3 Regardless of the applicability of OAC 3745-21-07, emission units P009, P010, and P014 at Troy Laminating and Coating and P008 and P009 at Thermoseal will continue to be controlled through best available technology pursuant to SIP-approved rule OAC 3745-31-05.

    d. The entries for the following subject sources have been revised as described:

    1. “Safety Kleen Corp.—Hebron Recycle Center” has been revised to “Clean Harbors Recycling Services of Ohio L.L.C.,” emission unit P002 has been removed due to permanent shutdown, and the facility ID (0145020235) remains unchanged;

    2. Iten Industries, Incorporated, Plant 1 (facility ID 0204010112) has been removed because the only subject emissions unit (P003) does not meet the applicability requirements set forth in paragraph (M)(3);

    3. Pinney Deck and Transport Company (facility ID 0204010172) has been removed because the source was erroneously included in table (M)(1) since the only subject emissions unit (P001), an air stripper for treating contaminated ground water, is the actual process and is not considered emissions control and should not have been listed in the rule;

    4. “Ohio Sealants” has been revised to “Henkel Consumer Adhesives, Inc.,” emission unit P003 has been removed due to permanent shut down, and the facility ID (0243081155) remains unchanged;

    5. “Noveen, Inc.” has been revised to “Lubrizol Advanced Materials,” emission units P020 and P026 have been removed due to shut down, and the facility ID (0247030004) remains unchanged;

    6. Degussa Initiators, LLC has been removed because the subject units do not use photochemically reactive materials;

    7. “The Glidden Company” has been revised to “Akzo Nobel Coatings, Inc.,” emission units P007 and P008 have been removed due to permanent shutdown, and the facility ID (0322000043) remains unchanged;

    8. Guardian Manufacturing (facility ID 0339030016): Emission unit IDs P001, P002, and P004 have been renamed as P801, P802, and P804;

    9. Union Tank Car Company (facility ID 0351010025) has been removed because its subject emissions unit, P002, does not employ a liquid organic material, which is a criterion for rule applicability;

    10. BASF Corporation (facility ID 0819070134): Emission unit P011 has been removed because it is now part of P028 (which is listed);

    11. Greenville Technologies, Inc. (facility ID 0819070190): Emission units K001, K002, K003, and K005 have been removed due to permanent shutdown;

    12. Dupont Electronic Polymers, LP (facility ID 0857040727): For emission units P025 and P027, the applicability of paragraph (M)(2) has been restricted to when these units are in methylene chloride service (which is acceptable because emissions under non-methylene chloride operations are less than eight pounds per hour, which is lower than the applicability cut point in the original rule);

    13. “Eurand” has been revised to “Aptalis Pharmatech, Inc.,” emission unit P013 has been removed due to permanent shutdown, and the facility ID (0857171794) remains unchanged;

    14. Neaton Auto Products Manufacturing, Inc. (facility ID 08680300155): Emission unit R003 has been added because it was installed in 2007 and inadvertently omitted from the previous rule revision;

    15. Rohm and Haas Chemicals, LLC (facility ID 0868090072): Emission unit P508 has been removed due to permanent shutdown.

    16. Day-Glo Color Corp. (facility ID 1318006552): Emission units P001, P002, P008, P009, P024, P026, P027, and P030 have been added; 4

    4 On January 22, 2015 the facility submitted a notification to Ohio EPA indicating that these emissions units should be added to paragraph (M)(1) as required by paragraph (M)(3)(b).

    17. “Polymers Additives” with facility ID 1318030264 and emission units P027 and P034 has been added; 5

    5 On January 22, 2015 the facility submitted a notification to Ohio EPA indicating that these emissions units should be added to paragraph (M)(1) as required by paragraph (M)(3)(b).

    18. “Ineos ABS Corporation” has been revised to “Ineos ABS (USA) Corporation,” emission unit P021 has been removed because it was mistakenly included in the prior revision to this rule,6 emission units P010 and P036 have been added because these continuous polymer drying operation emissions units were inadvertently left out of the prior revision to this rule, and the facility ID (1431010054) remains unchanged;

    6 The potential organic compound emissions for emissions unit P021 are less than 8 lbs/hr and 40 lbs/day, therefore, emissions control is not required.

    19. H.B. Fuller Company (facility ID 1431052206): Emission units P003-P006 have been removed due to permanent shutdown;

    20. “Ruetgers Organics Corporation” has been revised to “Nease Corporation,” emission unit P025 has been removed due to permanent shutdown; and facility ID (1431111828) remains unchanged;

    21. PMC Specialties, Inc. (facility ID 141390137): Emission unit P022 has been removed due to permanent shutdown;

    22. St. Bernard Soap Company has been removed because the subject emission units at this source never employed any photochemically reactive materials and thus should never have been included in the rule; and,

    23. “PPB Industries, Barberton Plant” has been split into two separate facilities, “PPG Industries, South Plant” (with facility ID 1677020162 and unit P099) and “PPG Industries, Teslin Plant” (with facility ID 1677020164 and units P110, P114, and P115 7 ), and emission unit P098 has been removed because it is exempt from the rule.8

    7 Emissions unit P115 was installed in November 2007 and inadvertently left out of the prior revision of this rule.

    8 This emissions unit is exempt from the requirements of paragraphs (M)(3)(a), (M)(2) and (M)(1) per paragraph (M)(3)(c)(iv), which exempts an emissions unit that is subject to and complying with a federal regulation that specifies an overall control efficiency for organic compound or VOC emissions that is greater than eighty-five percent, by weight. This emissions unit is subject to 40 CFR part 63, subpart FFFF, which requires total organic HAP emissions to be reduced by at least 98% by weight or to an outlet concentration of 20 ppmv or less.

    (M)(2)—This paragraph requires each article, machine, equipment or other contrivance identified in paragraph (M)(1) or meeting paragraph (M)(3)(a) of the subject rule (3745-21-07) to be equipped with a control system that reduces the organic compound emissions from the source by an overall control efficiency of at least 85 percent, by weight. If the emission reductions are achieved by incineration, the incineration must oxidate the carbon in the captured organic material to carbon dioxide by 90 percent or more. Paragraph (M)(2) has been edited to revise the phrase “meeting the specifications of paragraph (M)(3)(a)” to “meeting paragraph (M)(3)(a).”

    (M)(3)—This paragraph covers other operations using liquid organic materials.

    (M)(3)(a)—This paragraph lists nine conditions in (M)(3)(a)(i) to (M)(3)(a)(ix). Any article, machine, equipment or contrivance meeting all of these conditions must comply with the emission control requirements in (M)(2).

    (M)(3)(a)(ii)—This paragraph has been revised from “Commenced installation prior to the effective date of the rule” to “Commenced installation prior to February 18, 2008.”

    (M)(3)(a)(v)—This paragraph states that emissions are not subject to (M)(2) if they are subject to control requirements specified in other listed rules. The list of rules has been simplified and expanded by revising from “3745-21-09, 3745-12, 3745-13, 3745-14, 3745-15, 3745-16, or 3745-21-18” to “3745-21-09, 3745-12 to 3745-16, or 3745-21-18 to 3745-21-29.” This is acceptable because the emissions subject to the additional rules listed are being controlled under those rules.

    (M)(3)(a)(ix)—This paragraph, which excludes fuel burning equipment as defined in rule 3745-17-01, has been revised to remove the identification of the specific paragraph under 3745-17-01 that contains the definition of fuel burning equipment.

    (M)(3)(b)—This paragraph requires the owner/operator of a source meeting the conditions of this paragraph to notify OEPA of the need to include the subject owner/operator, facility ID, and source ID in the list of applicable sources under paragraph (M)(1). Paragraph (M)(3)(b) has been revised to include the following revisions: (1) “meeting the specifications of paragraph (M)(3)(a) of this rule” has been revised to “meeting paragraph (M)(3)(a) of this rule”; (2) “Ohio environmental protection agency” has been revised to “Ohio EPA”; and (3) the time limit for notifying OEPA has been revised from “within ninety days after the effective date of this rule” to “by May 18, 2008.” This corresponds with the revision in language elsewhere in the rule from “the effective date of this rule” to “February 18, 2008.”

    (M)(3)(c)—This paragraph states that any article, equipment, or other contrivance that meets any of the conditions of this paragraph shall not be subject to the conditions and requirements of paragraphs (M)(3)(a) and (M)(3)(b). Paragraph (M)(3)(c) has been revised to convert “subject to the requirements of paragraphs (M)(3)(a) and (M)(3)(b)” to “subject to paragraphs (M)(3)(a) and (M)(3)(b).”

    (M)(3)(c)(i)—This paragraph provides a source installation time cutoff, which has been revised from “commenced installation after the effective date of this rule” to “commenced installation after February 18, 2008.”

    (M)(3)(c)(vi)—This paragraph exempts a heatset web offset printing line that is subject to and complying with a best available technology requirement pursuant to rule 3745-31-05, and that specifies the dryer(s) is to be equipped with a control device having either a control efficiency for organic compound or volatile organic compound emissions that is equal to or greater than 90 percent, by weight, or an outlet concentration of less than 20 parts per million, by volume, dry basis. This condition has been revised to replace “dryer(s)” with “dryer.”

    (M)(3)(d)—This paragraph exempts specified articles, machines, equipment or other contrivances from the requirements of paragraphs (M)(3)(a) and (M)(3)(b). The beginning of this paragraph has been modified by the conversion of the phrase “subject to the requirements of paragraphs (M)(3)(a) and (M)(3)(b)” to the phrase “subject to paragraphs (M)(3)(a) and (M)(3)(b).”

    (M)(3)(d)(i)—This paragraph exempts emission units identified in the remaining paragraphs in (M)(3)(d) that obtain an alternative emission limit or emission control requirement pursuant to paragraph (M)(5)(e). Paragraph (M)(3)(d)(x) has been deleted to correct an apparent typographical error.

    (M)(3)(d)(iii)—The owner/operator listed in this paragraph has been revised from “The Nylonge Corporation” to “3M Elyria” and to remove emissions unit P005 due to permanent shutdown.

    (M)(3)(d)(v)—This paragraph has been modified by the conversion of the phrase “to the levels specified” to the phrase “as specified.”

    (M)(3)(d)(vi)—The owner/operator listed in this paragraph has been revised from “Honda Marysville Auto Plant” to “Honda of America Mfg., Inc., Marysville Auto Plant” and the subject facility ID has been revised from “0180000130” to “0180010193.”

    (M)(3)(d)(vii) and (M)(3)(d)(viii)—These paragraphs have been removed due to the permanent shutdown of “Honda Anna Engine Plant” and “Florida Production Engineering.”

    (M)(3)(d)(ix)—The owner/operator listed in this paragraph has been revised from “PPG Industries, Barberton Plant” to “PPG Industries, North Plant” and the subject facility ID has been revised from “1677020009” to “1677020163”.

    (M)(3)(e)—This paragraph controls VOC emissions from the application of adhesives or other coatings at flock lines at the Cooper Standard Automotive, LLC facility in Bowling Green. This rule paragraph contains the following rule revisions: (1) Flock line 1 has been removed due to permanent shutdown and (2) the emissions units for flock lines 2, 3, and 4 have been renumbered to “P078, P079, and P080 in accordance with permit-to-install P0111501.”

    (M)(3)(f)—This paragraph, which controlled the VOC emissions from a windshield glass system coating operation at the “GMC Truck and Bus Group Moraine” facility, has been deleted due to permanent shutdown of the facility.

    (M)(3)(g)—This paragraph, except as provided in paragraphs (M)(3)(h) and (M)(5), applies to all existing sources located in a “Priority I” county, as identified in rule 3745-21-06 of the Ohio Administrative Code and to new sources, as defined in rule 3745-15-01 of the Ohio Administrative Code, regardless of location, for which installation commenced prior to the effective date this rule. This rule paragraph has been revised to replace “the effective date of this rule” with “February 18, 2008.”

    (M)(3)(h)—This paragraph applied to emissions unit P027 at Venture Holdings Corporation—Conneaut Facility (currently known as Continental Structural Plastics, facility ID 0204020245). This paragraph was removed because the emissions unit is exempt from this rule per OAC rule 3745-21-25(A)(3), which states that “upon achieving compliance with this rule, the reinforced plastic composites production operations at the facility are not required to meet the requirements of rule 3745-21-07 of the Administrative Code.”

    (M)(4)—This paragraph, except as provided in paragraph (M)(5) of this rule, applies to all existing sources in a “Priority I” county, as identified in rule 3745-21-06 of the Ohio Administrative Code, and to all new sources, as defined in rule 3745-15-01, regardless as location, for which installation commenced prior to the effective date of this rule. This rule paragraph has been revised to replace “the effective date of this rule” with “February 18, 2008.”

    (M)(5) Exemptions.

    (M)(5)(a)—This paragraph states that paragraph (M)(2) shall not apply to the use of any cleanup material in any article, machine, equipment or other contrivance described in paragraph (M)(2). This rule paragraph has been modified by the conversion of the phrase “The provisions of paragraph (M)(2)” to the phrase “Paragraph (M)(2).”

    (M)(5)(b)—This paragraph states that paragraphs (M)(2), (M)(3)(a), and (M)(4) shall not apply for material used in sources described in paragraphs (M)(2), (M)(3)(a), and (M)(4) if the emission is not a VOC. This paragraph has been modified by the conversion of the phrase “The provisions of paragraph” to “Paragraph.”

    (M)(5)(c)—The beginning of this paragraph has been modified by the conversion of the phrase “The provisions of paragraph” to “Paragraph.”

    (M)(5)(d)—The beginning of this paragraph been modified by the conversion of the phrase “The provisions of paragraph” to “Paragraphs.” This paragraph contains two exemptions [(M)(5)(d)(i) and (ii)] based on the use of low VOC content material. Originally these exemptions only applied to paragraph (M)(4). Paragraph (M)(5)(d) now also applies these exemptions to paragraphs (M)(1), (M)(2), and (M)(3)(a). These exemptions were provided for in a previous SIP-approved version of the rule but were erroneously omitted in the last rule revision. In addition, the beginning of both paragraphs (M)(5)(d)(i) and (M)(5)(d)(ii) have been revised by converting the phrase “The volatile content of the material described in paragraph (M)(4)” to the phrase “The volatile content of the material used in any article, machine, equipment, or other contrivance described in paragraph (M)(1), (M)(2), (M)(3)(a) or (M)(4).”

    Note that recordkeeping provisions for these exemptions were also added in new paragraph (M)(5)(j) to allow subject emissions units to switch between exempt and non-exempt liquid organic materials with respect to paragraph (M)(5)(d).

    (M)(5)(e)—The beginning of this paragraph has been modified by the conversion of the phrase “The provisions of paragraphs” to the phrase “Paragraphs.” This rule paragraph exempts sources from the emission controls in rule paragraphs (M)(2), (M)(3)(d), (M)(3)(e), (M)(3)(f), (M)(3)(g), (M)(3)(h), and (M)(4) if the conditions contained in (M)(5)(e)(i), (ii), and (iii) are met.

    (M)(5)(e)(i)—This condition deals with a situation where best available control technology is less stringent than or inconsistent with the emission control requirements in rule paragraph (M). A number of revisions have been made in this condition, and the revised condition now reads as:

    The director has determined that requirements equivalent to best available technology for the article, machine, equipment or other contrivance is a control requirement or emission limitation that is either less stringent than or inconsistent with paragraph (M) of this rule. The equivalent best available technology requirement shall be consistent with division (F) of section 3704.01 of the Revised Code, equivalent to best available technology under rule 3745-31-05 of the Administrative Code for the purpose of this paragraph, shall provide, where a control requirement or emission limitation is applicable, the lowest emission limitation that the article, machine, equipment or other contrivance is capable of meeting by the application of control that is reasonably available considering technological and economic feasibility. Also, for article, machine, equipment or other contrivance located within an ozone nonattainment area, the best available technology determination must comply with Section 193 of the Clean Air Act amendments of 1990, general savings clause.

    This revision allows sources constructed before 1976 that do not trigger the applicability of OAC rule 375-31-05, to voluntarily accept best available technology requirements equivalent to those contained 375-31-05 and thus qualify for the same exemption that subject sources can obtain.

    (M)(5)(e)(ii)—This condition applies when EPA has notified OEPA in writing, prior to the issuance of a final permit-to-install, that EPA has no objection to the issuance of the permit. In this paragraph “Ohio environmental protection agency” has been revised to “Ohio EPA;” and,

    (M)(5)(e)(iii)—This condition applies where a final permit-to-install has been issued by OEPA pursuant to Chapter 3745-31 of the Administrative Code. In this paragraph, “Ohio environmental protection agency” has been revised to “Ohio EPA.”

    (M)(5)(f)—This paragraph provides an exemption from paragraph (M) requirements for the use of liquid organic material whose emissions are regulated by specified emission control rules. This paragraph has been modified by the conversion of the phrase “The provisions of paragraph (M)” to the phrase “Paragraph (M).” The specified emission control rule list has been revised to include rules “3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code.” This revision accounts for the addition of VOC emission control rules that now cover some of the sources formerly covered by OAC 3745-21-07.

    (M)(5)(g)—This paragraph exempts sources located in Darke, Fairfield, Madison, Perry, Pickaway, Preble, or Union Counties and located within facilities having the potential to emit not more than 100 tons of organic material per year from the requirements of paragraphs (M)(3)(a), (M)(3)(b), (M)(3)(g), and (M)(4). The beginning of this paragraph has been modified by the conversion of the phrase “The provisions of paragraphs” to “Paragraphs.”

    (M)(5)(h)—The beginning of this paragraph has been revised from “The provisions of paragraph” to “Paragraph.”

    (M)(5)(i)—This paragraph been added: “Paragraph (M)(2) of this rule shall not apply to the use of phenolic urethane cold box resin binder system in foundry core-making and mold-making operations, provided the catalyst gas emissions are vented to a control device that is designed and operated to remove at least ninety-eight per cent by weight, of the catalyst gas emissions or maintain a maximum catalyst gas outlet concentration of one ppmv on a dry basis, whichever is less stringent. (In a phenolic urethane cold box resin binder system, sand is mixed with a two-part liquid urethane resin binder, and a catalyst gas is blown into the resin-coated sand to cause hardening.)” This exemption was contained in a previous SIP-approved version of this rule, but was erroneously omitted during the last revision.

    (M)(5)(j)—This paragraph was added to require the owner or operator of an article, machine, equipment or other contrivance that is exempt per paragraph (M)(5)(d) of this rule to maintain the following records for all materials used. This addition ensures the enforceability of the rule provisions.

    (M)(5)(j)(i)—The name and identification number of each liquid organic material used.

    (M)(5)(j)(ii)—The composition of each material including the volatile content by volume percent of water. If exempt because of paragraph (M)(5)(d)(i) of this rule then the liquid organic material content, except water, relative to the volatile content (per cent by volume) or, if exempt because of paragraph (M)(5)(d)(ii) of this rule, the volatile content relative to the total material (per cent by volume).

    (M)(5)(j)(iii)—All time periods (beginning and ending dates and time) for each material that is exempt per paragraph (M)(5)(d) of this rule.

    (N) Facility-specific control requirements for waste gas flare systems:

    (N)(1)—This paragraph specifies the owners/operators, facility IDs, and emission units subject to the control requirements of paragraph (N)(2). “CECOS International” (facility ID 1413000186) was removed from paragraph (N)(1) due to permanent shutdown of the facility.

    (N)(3)—The owner/operator listed in this paragraph has been revised from “Aircraft Braking Systems, Corp.” to “Meggitt Aircraft Braking Systems, Corp.”.

    II. What action is EPA taking?

    EPA is approving, as part of Ohio's SIP, OAC rule 3745-21-07, as revised, now entitled “Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code.”

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective September 11, 2017 without further notice unless we receive relevant adverse written comments by August 10, 2017. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that, if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. If we do not receive any comments, this action will be effective September 11, 2017.

    III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Ohio Regulations described in the proposed amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.9 EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    9 62 FR 27968 (May 22, 1997).

    IV. Statutory and Executive Order Reviews

    Under the CAA the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 21, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. In § 52.1870, the table in paragraph (c) is amended under “Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements” by revising the entry for “3745-21-07” to read as follows:
    § 52.1870 Identification of plan.

    (c) * * *

    EPA-Approved Ohio Regulations Ohio citation Title/subject Ohio effective date EPA approval date Notes *         *         *         *         *         *         * Chapter 3745-72 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements *         *         *         *         *         *         * 3745-21-07 Control of emissions of organic materials from stationary sources (i.e., emissions that are not regulated by rule 3745-21-09, 3745-21-12 to 3745-21-16, or 3745-21-18 to 3745-21-29 of the Administrative Code) 4/8/2016 7/11/17, [insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2017-14400 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 770 [EPA-HQ-OPPT-2017-0243, FRL-9963-05] RIN 2070-AK30 Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    EPA is taking direct final action to amend a final rule that published in the Federal Register on December 12, 2016 concerning formaldehyde emission standards for composite wood products. The amendment will allow compliant composite wood products and finished goods that contain compliant composite wood products that were manufactured prior to December 12, 2017 to be labeled as Toxic Substances Control Act (TSCA) Title VI compliant. This means that regulated composite wood products and finished goods that meet the required formaldehyde emissions standards could be voluntarily labeled as compliant as soon as compliance can be achieved. This will enhance regulatory flexibility and facilitate a smoother supply chain transition to compliance with the rule's broader requirements, as well as promote lower formaldehyde emitting products entering commerce earlier than under the rule as originally published. EPA believes that the amendment is non-controversial and does not expect to receive any adverse comments. However, in addition to this direct final rulemaking, elsewhere in this issue of the Federal Register, EPA is promulgating the amendment as a notice of proposed rulemaking that will be used in the event of adverse comment on the amendments within this direct final action.

    DATES:

    This final rule is effective on August 25, 2017 without further notice, unless EPA receives adverse comment by July 26, 2017. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2017-0243, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-6450; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Does this action apply to me?

    You may be affected by this direct final rule if you manufacture (including import), sell, supply, or offer for sale hardwood plywood, medium-density fiberboard, particleboard, and/or products containing these composite wood materials in the United States. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Veneer, plywood, and engineered wood product manufacturing (NAICS code 3212).

    • Manufactured home (mobile home) manufacturing (NAICS code 321991).

    • Prefabricated wood building manufacturing (NAICS code 321992).

    • Furniture and related product manufacturing (NAICS code 337).

    • Furniture merchant wholesalers (NAICS code 42321).

    • Lumber, plywood, millwork, and wood panel merchant wholesalers (NAICS code 42331).

    • Other construction material merchant wholesalers (NAICS code 423390), e.g., merchant wholesale distributors of manufactured homes (i.e., mobile homes) and/or prefabricated buildings.

    • Furniture stores (NAICS code 4421).

    • Building material and supplies dealers (NAICS code 4441).

    • Manufactured (mobile) home dealers (NAICS code 45393).

    • Motor home manufacturing (NAICS code 336213).

    • Travel trailer and camper manufacturing (NAICS code 336214).

    • Recreational vehicle (RV) dealers (NAICS code 441210).

    • Recreational vehicle merchant wholesalers (NAICS code 423110).

    If you have any questions regarding the applicability of this action, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

    II. Background A. What action is the Agency taking?

    Following promulgation of EPA's final rule addressing formaldehyde emission standards for composite wood products (81 FR 89674, December 12, 2016) (FRL-9949-90), industry stakeholders raised concerns to the Agency that the final rule's prohibition on labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before the December 12, 2017 compliance date would risk a substantial supply chain disruption for these products. These stakeholders requested that EPA allow labeling of compliant composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before December 12, 2017. EPA shares the concerns of industry stakeholders regarding the prohibition on labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before December 12, 2017. EPA believes that the risk of unintentional supply chain disruption is substantial, though through prompt regulatory action, avoidable. As such, EPA will eliminate the prohibition at § 770.45(f) of the December 12, 2016 final rule (see 81 FR 89741) on labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before December 12, 2017.

    The agency believes that removal of the labeling prohibition will have no impact on the ability of stakeholders to comply with the TSCA Title VI formaldehyde emission standards insofar as stakeholders are already working with their California Air Resources Board (CARB) approved Third Party Certifier (TPC) to ensure compliance with CARB's Airborne Toxic Control Measures (ATCM) to reduce formaldehyde emissions from composite wood products, and as the stakeholders suggest, they are currently labeling composite wood products and finished goods containing composite wood products as CARB-compliant, and thus are also meeting the TSCA Title VI formaldehyde emission standards.

    In addition, EPA generally expects that the transition will be smooth for stakeholders already receiving certifications of product compliance by a CARB-approved TPC to also begin receiving product compliance certifications by EPA TSCA Title VI TPCs under § 770.15 of the December 12, 2016 final rule (see 81 FR 89735) because § 770.7(d) of the December 12, 2016 final rule provided reciprocity provisions under which a CARB-approved TPC may be recognized by the Agency as an EPA TSCA Title VI TPC (see 81 FR 89733). Producers of composite wood products and TPCs should note that TPCs, including CARB-approved TPCs working under the TSCA Title VI reciprocity provisions, must be recognized by EPA prior to certifying any composite wood products as TSCA Title VI compliant. TPCs can begin to apply for EPA recognition after the May 22, 2017 rule effective date by following the procedures outlined in § 770.7(c)(2) and § 770.8.

    Although EPA is eliminating § 770.45(f) of the December 12, 2016 final rule that prohibits labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before December 12, 2017, the other labeling requirements at § 770.45 will still apply. Notably, anyone that would label composite wood products as TSCA Title VI compliant will still be required to include the CARB or EPA provided identification number of the EPA TSCA Title VI TPC and a statement that products are certified by that TPC as TSCA Title VI compliant. For this reason, this direct final rule is not expected to result in any reduction of environmental or public health protection. However, this action is expected to provide greater certainty to entities throughout the supply chain that composite wood products and finished goods containing composite wood product are compliant with TSCA Title VI and enhance consumer confidence earlier than currently provided for in the December 12, 2016 final rule. EPA acknowledges that the delay of the effective date of the December 12, 2016 final rule (see 82 FR 8499 and 82 FR 14324) may have given rise to additional stakeholder concerns about that rule's respective implementation compliance dates. As a result, EPA has determined that those compliance dates should be extended and has initiated a separate action to extend them.

    EPA is therefore publishing this direct final rule, and a notice of proposed rulemaking elsewhere in this issue of the Federal Register to address the elimination of the early labeling provision, as described in Units II.A.1 and II.A.2.

    1. Direct Final Rule. EPA agrees with the stakeholders' requests and will eliminate the prohibition at § 770.45(f) of the December 12, 2016 final rule (see 81 FR 89741) on labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant before December 12, 2017.

    2. Proposed rule. EPA believes that the amendment is non-controversial and does not expect to receive any adverse comments. However, in addition to this direct final rule, elsewhere in this issue of the Federal Register, EPA is promulgating the amendment as a notice of proposed rulemaking (See FRL-9963-05). If EPA receives no adverse comment, the Agency will not take further action on the proposed rule and the direct final rule will become effective as provided in this action. If EPA receives relevant adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that this direct final action will not take effect. EPA would then address all adverse public comments in a response to comments document in a subsequent final rule, based on the proposed rule.

    B. What is the Agency's authority for taking this action?

    These regulations are established under authority of Section 601 of TSCA, 15 U.S.C. 2697.

    III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

    A. Executive Order 12866: Regulatory Planning and Review; Executive Order 13563: Improving Regulation and Regulatory Review; and Executive Order 13777: Reducing Regulation and Controlling Regulatory Costs

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). In addition, since this action does not contain a new requirement or impose any new burden or costs, the action qualifies as a burden reduction action under Executive Order 13771 (82 FR 9339, February 3, 2017). Although the change reduces burden, EPA did not attempt to determine the extent of that burden reduction. As such, this action can only be used for the 2 for 1 off-set described in Executive Order 13771.

    B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden under the PRA, 44 U.S.C. 3501 et seq., because it does not create any new reporting or recordkeeping obligations. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2070-0185 (EPA ICR No. 2446.02).

    C. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This direct final rule will allow regulated entities to voluntarily label compliant products prior December 12, 2017. The direct final rule will ease the transition of panel producers, fabricators, importers, distributors, and retailers from CARB labeling to TSCA labeling, since under the December 12, 2016 final rule, it would be difficult for some of them to time their production and inventory so that products that are labeled as TSCA compliant are available starting on but not before the compliance date. Since early labeling is voluntary, any firms that do not find this activity to be beneficial can wait until December 12, 2017 to begin offering labeled products for sale. EPA therefore concludes that this action will have a nominally positive economic effect on the small entities subject to the rule.

    D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

    F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule will not impose substantial direct compliance costs on Indian tribal governments. Thus, Executive Order 13175 does not apply to this action.

    G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. As addressed in Unit II.A., this action would not materially alter the requirements for labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant. Rather, the final rule will allow TSCA Title VI compliant products to be labeled as such earlier sooner than currently permitted.

    H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not a “significant energy action” as defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.

    I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would require the consideration of voluntary consensus standards pursuant to NTTAA section 12(d), 15 U.S.C. 272 note.

    J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    EPA has determined that the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). As addressed in Unit II.A., this action would not materially alter the requirements for labeling composite wood products and finished goods containing composite wood products as TSCA Title VI compliant. Rather, the final rule will allow TSCA Title VI compliant products to be labeled as such earlier sooner than currently permitted.

    K. Congressional Review Act (CRA)

    This action is subject to the CRA and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference, Reporting and recordkeeping requirements, Third-party certification, Toxic substances, Wood.

    Dated: June 21, 2017. Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention.

    For the reasons set out in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows:

    PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS 1. The authority citation for part 770 continues to read as follows: Authority:

    15 U.S.C. 2697(d).

    § 770.45 [Amended]
    2. In § 770.45, remove paragraph (f).
    [FR Doc. 2017-14513 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140501394-5279-02] RIN 0648-XF525 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic Region AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish are projected to reach the commercial annual catch limit (ACL) by July 18, 2017. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, July 18, 2017, and it will remain closed until the start of the next fishing year on January 1, 2018. This closure is necessary to protect the blueline tilefish resource.

    DATES:

    This rule is effective at 12:01 a.m., local time, July 18, 2017, until 12:01 a.m., local time, January 1, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Nikhil Mehta, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The snapper-grouper fishery of the South Atlantic includes blueline tilefish and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council and NMFS prepared the FMP, and the FMP is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

    As specified at 50 CFR 622.193(z)(1)(i), the blueline tilefish commercial ACL is 87,521 lb (39,699 kg), round weight.

    The blueline tilefish commercial AM requires NMFS to close the commercial sector for blueline tilefish when the commercial ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as specified in 50 CFR 622.193(z)(1)(i). NMFS has projected that the commercial ACL for South Atlantic blueline tilefish will be reached by July 18, 2017. Accordingly, the commercial sector for South Atlantic blueline tilefish is closed effective at 12:01 a.m., local time, July 18, 2017, until 12:01 a.m., local time, January 1, 2018.

    The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having blueline tilefish on board must have landed and bartered, traded, or sold such blueline tilefish prior to July 18, 2017. During the commercial closure, all sale or purchase of blueline tilefish is prohibited. The harvest or possession of blueline tilefish in or from the South Atlantic EEZ is limited to the bag and possession limits specified in 50 CFR 622.187(b)(2) and 622.187(c)(1), respectively, while the recreational sector for blueline tilefish is open. These bag and possession limits apply in the South Atlantic on board a vessel with a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, and apply to the harvest of blueline tilefish in both state and Federal waters.

    Classification

    The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of blueline tilefish and the South Atlantic snapper-grouper fishery and is consistent with the Magnuson-Stevens Act and other applicable laws.

    This action is taken under 50 CFR 622.193(z)(1)(i) and is exempt from review under Executive Order 12866.

    These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment.

    This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this action to close the commercial sector for blueline tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such prior notice and opportunity for public comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.193(z)(1)(i) have already been subject to notice and comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment are contrary to the public interest because there is a need to immediately implement this action to protect blueline tilefish, since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL.

    For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 5, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14441 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF509 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; reallocation; closure.

    SUMMARY:

    NMFS is reallocating the projected unused amounts of the Aleut Corporation pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. Also, NMFS is prohibiting directed fishing for pollock in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to provide opportunity for harvest of the 2017 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish (FMP) of the BSAI.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), July 11, 2017, through 2400 hrs, A.l.t., December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the FMP prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    In the Aleutian Islands subarea, the portion of the 2017 pollock total allowable catch (TAC) allocated to the Aleut Corporation directed fishing allowance (DFA) is 5,700 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017), and as adjusted by reallocations (82 FR 12750, March 7, 2017).

    As of June 16, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 5,700 mt of the Aleut Corporation pollock DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 5,700 mt of A season pollock DFA from the Aleutian Islands subarea to the 2017 Bering Sea subarea DFAs. The 5,700 mt of the Aleut Corporation pollock DFA is added to the 2017 Bering Sea non-CDQ DFAs. As a result, the 2017 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017), and as adjusted by reallocations (82 FR 12750, March 7, 2017) are revised as follows: 0 mt to the annual Aleut Corporation pollock DFA. Consequently, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for Aleut Corporation pollock in the Aleutian Islands subarea of the BSAI.

    After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    Furthermore, pursuant to § 679.20(a)(5), Table 5 of the final 2017 and 2018 harvest specifications for groundfish in the Bering Sea and Aleutian Islands (82 FR 11826, February 27, 2017, and 82 FR 12750, March 7, 2017), is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 pollock allocations established at § 679.20(a)(5).

    Table 5—Final 2017 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)  1 [Amounts are in metric tons] Area and sector 2017
  • Allocations
  • 2017
  • A season 1
  • A season
  • DFA
  • SCA harvest limit 2 2017
  • B season 1
  • B season
  • DFA
  • Bering Sea subarea TAC 1 1,361,600 n/a n/a n/a CDQ DFA 136,400 61,380 38,192 75,020 ICA 1 47,210 n/a n/a n/a Total Bering Sea non-CDQ DFA 1,177,991 530,096 329,837 647,895 AFA Inshore 588,995 265,048 164,919 323,947 AFA Catcher/Processors 3 471,196 212,038 131,935 259,158 Catch by C/Ps 431,145 194,015 n/a 237,129 Catch by CVs 3 40,052 18,023 n/a 22,028 Unlisted C/P Limit 4 2,356 1,060 n/a 1,296 AFA Motherships 117,799 53,010 32,984 64,789 Excessive Harvesting Limit 5 206,148 n/a n/a n/a Excessive Processing Limit 6 353,397 n/a n/a n/a Aleutian Islands subarea ABC 36,061 n/a n/a n/a Aleutian Islands subarea TAC 1 2,400 n/a n/a n/a CDQ DFA 0 0 n/a 0 ICA 2,400 1,200 n/a 1,200 Aleut Corporation 0 0 n/a 0 Area harvest limit 7 541 10,818 n/a n/a n/a 542 5,409 n/a n/a n/a 543 1,803 n/a n/a n/a Bogoslof District ICA 8 500 n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B season (June 10-November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding.
    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation and directed fishing closure of Aleutian Island subarea pollock. Since the pollock fishery is currently underway, it is important to immediately inform the industry as to the final Bering Sea and Aleutian Islands pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as June 16, 2017.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 6, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14484 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    82 131 Tuesday, July 11, 2017 Proposed Rules DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Chapter I 46 CFR Chapters I and III 49 CFR Chapter IV [Docket No. USCG-2017-0656] Commercial Fishing Safety Advisory Committee—Input To Support Regulatory Reform of Coast Guard Regulations—New Task AGENCY:

    U.S. Coast Guard, Department of Homeland Security.

    ACTION:

    Announcement of new task assignment for the Commercial Fishing Safety Advisory Committee (CFSAC); teleconference meeting.

    SUMMARY:

    The U.S. Coast Guard is issuing a new task to the Commercial Fishing Safety Advisory Committee (CFSAC). The U.S. Coast Guard is asking CFSAC to help the agency identify existing regulations, guidance, and collections of information (that fall within the scope of the Committee's charter) for possible repeal, replacement, or modification. This tasking is in response to the issuance of Executive Orders 13771, “Reducing Regulation and Controlling Regulatory Costs; 13777, “Enforcing the Regulatory Reform Agenda;” and 13783, “Promoting Energy Independence and Economic Growth.” The full Committee is scheduled to meet by teleconference on July 27, 2017, to discuss this tasking. This teleconference will be open to the public. The U.S. Coast Guard will consider CFSAC recommendations as part of the process of identifying regulations, guidance, and collections of information to be repealed, replaced, or modified pursuant to the three Executive Orders discussed above.

    DATES:

    The full Committee is scheduled to meet by teleconference on July 27, 2017, from 1 p.m. to 2 p.m. EDT. Please note that this teleconference may adjourn early if the Committee has completed its business.

    ADDRESSES:

    To join the teleconference or to request special accommodations, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section no later than 1 p.m. on July 24, 2017. The number of teleconference lines is limited and will be available on a first-come, first-served basis.

    Instructions: Submit comments on the task statement at any time, including orally at the teleconference, but if you want Committee members to review your comments before the teleconference, please submit your comments no later than July 24, 2017. You must include the words “Department of Homeland Security” and the docket number for this action. Written comments may also be submitted using the Federal e-Rulemaking Portal at http://www.regulations.gov. If you encounter technical difficulties with comment submission, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You may review Regulations.gov's Privacy and Security Notice at https://www.regulations.gov/privacyNotice.

    Docket Search: For access to the docket or to read documents or comments related to this notice, go to http://www.regulations.gov, insert “USCG-2017-0656” in the Search box, press Enter, and then click on the item you wish to view.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Jack Kemerer, Alternate Designated Federal Officer of the Commercial Fishing Safety Advisory Committee, (202) 372-1249, or email [email protected] or Mr. Jonathan Wendland, telephone (202) 372-1245, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    New Task to the Committee

    The U.S. Coast Guard is issuing a new task to CFSAC to provide recommendations on whether existing regulations, guidance, and information collections (that fall within the scope of the Committee's charter) should be repealed, replaced, or modified. CFSAC will then provide advice and recommendations on the assigned task and submit a final recommendation report to the U.S. Coast Guard.

    Background

    On January 30, 2017, President Trump issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.” Under that Executive Order, for every one new regulation issued, at least two prior regulations must be identified for elimination, and the cost of planned regulations must be prudently managed and controlled through a budgeting process. On February 24, 2017, the President issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” That Executive Order directs agencies to take specific steps to identify and alleviate unnecessary regulatory burdens placed on the American people. On March 28, 2017, the President issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” Executive Order 13783 promotes the clean and safe development of our Nation's vast energy resources, while at the same time avoiding agency actions that unnecessarily encumber energy production.

    When implementing the regulatory offsets required by Executive Order 13771, each agency head is directed to prioritize, to the extent permitted by law, those regulations that the agency's Regulatory Reform Task Force identifies as outdated, unnecessary, or ineffective in accordance with Executive Order 13777. As part of this process to comply with all three Executive Orders, the U.S. Coast Guard is reaching out through multiple avenues to interested individuals to gather their input about what regulations, guidance, and information collections, they believe may need to be repealed, replaced, or modified. On June 8, 2017, the U.S. Coast Guard issued a general notice in the Federal Register requesting comments from interested individuals regarding their recommendations, 82 FR 26632. In addition to this general solicitation, the U.S. Coast Guard also wants to leverage the expertise of its Federal Advisory Committees and is issuing similar tasks to each of its Committees. A detailed discussion of each of the Executive orders and information on where U.S. Coast Guard regulations, guidance, and information collections are found is in the June 8th notice.

    The Task

    CFSAC is tasked to:

    Provide input to the U.S. Coast Guard on all existing regulations, guidance, and information collections that fall within the scope of the Committee's charter.

    1. One or more subcommittees/working groups, as needed, will be established to work on this tasking in accordance with the Committee charter and bylaws. The subcommittee(s) shall terminate upon the approval and submission of a final recommendation to the U.S. Coast Guard from the parent Committee.

    2. Review regulations, guidance, and information collections and provide recommendations whether an existing rule, guidance, or information collection should be repealed, replaced or modified. If the Committee recommends modification, please provide specific recommendations for how the regulation, guidance, or information collection should be modified. Recommendations should include an explanation on how and to what extent repeal, replacement or modification will reduce costs or burdens to industry and the extent to which risks to health or safety would likely increase.

    a. Identify regulations, guidance, or information collections that potentially impose the following types of burden on the industry:

    i. Regulations, guidance, or information collections imposing administrative burdens on the industry.

    ii. Regulations, guidance, or information collections imposing burdens in the development or use of domestically produced energy resources. “Burden,” for the purposes of compliance with Executive Order 13783, means “to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources.

    b. Identify regulations, guidance, or information collections that potentially impose the following types of costs on the industry:

    i. Regulations, guidance, or information collections imposing costs that are outdated (such as due to technological advancement), or are no longer necessary.

    ii. Regulations, guidance, or information collections imposing costs which are no longer enforced as written or which are ineffective.

    iii. Regulations, guidance, or information collections imposing costs tied to reporting or recordkeeping requirements that impose burdens that exceed benefits. Explain why the reporting or recordkeeping requirement is overly burdensome, unnecessary, or how it could be modified.

    c. Identify regulations, guidance, and information collections that the Committee believes have led to the elimination of jobs or inhibits job creation within a particular industry.

    3. All regulations, guidance, and information collections, or parts thereof, recommended by the Committee should be described in sufficient detail (by section, paragraph, sentence, clause, etc.) so that it can readily be identified. Data (quantitative or qualitative) should be provided to support and illustrate the impact, cost, or burden, as applicable, for each recommendation. If the data is not readily available, the Committee should include information as to how such information can be obtained either by the Committee or directly by the Coast Guard.

    Public Participation

    All meetings associated with this tasking, both full Committee meetings and subcommittee/working groups, are open to the public. A public oral comment period will be held during the July 27, 2017, teleconference. Public comments or questions will be taken at the discretion of the Designated Federal Officer; commenters are requested to limit their comments to 3 minutes. Please contact the individual listed in the FOR FURTHER INFORMATION CONTACT section, to register as a commenter. Subcommittee meetings held in association with this tasking will be announced as they are scheduled through notices posted to http://homeport.uscg.mil/cfivsac and uploaded as supporting documents in the electronic docket for this action, [USCG-2017-0656], at Regulations.gov.

    J.F. Williams, Captain, U.S. Coast Guard, Director of Inspections and Compliance.
    [FR Doc. 2017-14483 Filed 7-10-17; 8:45 am] BILLING CODE 9110-04-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2017-9; Order No. 3994] Periodic Reporting AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Commission is noticing a recent filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to an analytical method for use in periodic reporting (Proposal Five). This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: August 16, 2017.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Proposal Five III. Notice and Comment IV. Ordering Paragraphs I. Introduction

    On June 30, 2017, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting the Commission to initiate an informal rulemaking proceeding to consider proposed changes to an analytical method related to periodic reports.1 The Petition identifies the proposed analytical method changes filed in this docket as Proposal Five.

    1 Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Five), June 30, 2017 (Petition).

    II. Proposal Five

    Background. The Postal Service currently uses sampling from the In-Office Cost System (IOCS) to divide accrued city carrier costs between letter routes and special purpose routes (SPRs). Petition at 2.

    Proposal. The Postal Service proposes to replace IOCS sampling data with more comprehensive census data from the Time and Attendance Collection System (TACS) to determine the share of costs for letter routes and SPRs. Id. Proposal Five would not change any other costing methodologies. Id. at 3.

    Rationale and impact. The Postal Service states that use of TACS census data would reduce the variability of statistical estimates of costs by route group due to sampling. Id. The Postal Service states further that practical challenges in implementing IOCS sampling may lead to systematic errors in IOCS-based estimates of total costs for carrier work assignments, including route group totals. Id. Table 1 purports to show the quarterly impact Proposal Five would have had on costs of the two route groups in FY 2016. See id. at 4-5. Table 2 shows the alleged impact on product costs. See id. at 5-7.

    III. Notice and Comment

    The Commission establishes Docket No. RM2017-9 for consideration of matters raised by the Petition. More information on the Petition may be accessed via the Commission's Web site at http://www.prc.gov. Interested persons may submit comments on the Petition and Proposal Five no later than August 16, 2017. Pursuant to 39 U.S.C. 505, Lawrence Fenster is designated as officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    IV. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. RM2017-9 for consideration of the matters raised by the Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Five), filed June 30, 2017.

    2. Comments by interested persons in this proceeding are due no later than August 16, 2017.

    3. Pursuant to 39 U.S.C. 505, the Commission appoints Lawrence Fenster to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2017-14423 Filed 7-10-17; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION 39 CFR part 3050 [Docket No. RM2017-8; Order No. 3993] Periodic Reporting AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Commission is noticing a recent filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to an analytical method for use in periodic reporting (Proposal Four). This document informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: August 9, 2017.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Proposal Four III. Notice and Comment IV. Ordering Paragraphs I. Introduction

    On June 30, 2017, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting the Commission to initiate an informal rulemaking proceeding to consider proposed changes to an analytical method related to periodic reports.1 The Petition identifies the proposed analytical method changes filed in this docket as Proposal Four.

    1 Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Four), June 30, 2017 (Petition).

    II. Proposal Four

    Background. The Postal Service currently uses a Form 3999 (street evaluations) data set, supplemented with information collected as part of the Parcel/Accountable Study (Package Study), to assign city carrier letter route street costs to products.2

    2 Petition at 2; see Docket No. RM2015-7, Order No. 2792, Order Approving Analytical Principles Used in Periodic Reporting (Proposal Thirteen), October 29, 2015.

    Proposal. Because the activity times collected during the Package Study are not part of an ongoing Postal Service data system, “the parcel and accountables cost pool proportions have essentially remained unchanged since the Package Study was conducted in the spring of 2014.” Petition at 3. Proposal Four would modify the current methodology for assigning city carrier letter route street costs to products by adjusting the letter route street cost pools to more accurately reflect carriers' street activities and thereby more precisely attribute costs to products. Id.

    Rationale and impact. The Postal Service states that Proposal Four would update parcel delivery cost pool proportions to reflect the increase in parcel delivery activity that has taken place since 2014. Id. at 6. The Postal Service states further that Proposal Four would reduce the regular delivery street time proportion by the increases of the proportions for in-receptacle parcels and deviation parcels and accountables. Id. Proposal Four would also allow cost pool proportions to be easily adjusted annually. Id. at 8. To illustrate Proposal Four's potential impact, the Postal Service provides a table for each market dominant product and for aggregate domestic competitive and international mail and services. Id. at 8-9.

    III. Notice and Comment

    The Commission establishes Docket No. RM2017-8 for consideration of matters raised by the Petition. More information on the Petition may be accessed via the Commission's Web site at http://www.prc.gov. Interested persons may submit comments on the Petition and Proposal Four no later than August 9, 2017. Pursuant to 39 U.S.C. 505, Lawrence Fenster is designated as officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    IV. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. RM2017-8 for consideration of the matters raised by the Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Four), filed June 30, 2017.

    2. Comments by interested persons in this proceeding are due no later than August 9, 2017.

    3. Pursuant to 39 U.S.C. 505, the Commission appoints Lawrence Fenster to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2017-14422 Filed 7-10-17; 8:45 am] BILLING CODE 7710-FW-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0272; FRL-9964-45-Region 5] Air Plan Approval; Ohio; Control of Emissions of Organic Materials That Are Not Regulated by VOC RACT Rules AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve, under the Clean Air Act, revisions to the Ohio Administrative Code rule as part of Ohio's State Implementation Plan (SIP). This rule has generally been revised to: Make minor style changes to meet Ohio's legislative service commission style and formatting guidelines; add specific effective dates within the rule; correct certain errors and omissions introduced when the rule was last revised; remove facilities and units that have been permanently shut down; update the names of certain subject facilities; and modify certain source applicability exclusions. Sources controlled by this rule are not covered by existing Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) rules or other organic material emission control rules in Ohio's Administrative Code.

    DATES:

    Comments must be received on or before August 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2016-0272, at https://www.regulations.gov, or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen D'Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Final Rules section of this issue of the Federal Register, EPA is approving Ohio's SIP revisions as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that, if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule, which is located in the Rules section of this issue of the Federal Register.

    Dated: June 21, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.
    [FR Doc. 2017-14402 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0278; FRL-9964-64-Region 5] Air Plan Approval; Illinois; Emissions Statement Rule Certification for the 2008 Ozone Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the Illinois Environmental Protection Agency (IEPA) dated May 9, 2017. The submission provides IEPA's certification that its existing emission statement program, titled “Annual Emissions Report”, remains in effect and satisfies the Clean Air Act (CAA) emissions statement requirement for the Illinois portions of the Chicago-Naperville, Illinois-Indiana-Wisconsin and St. Louis-St. Charles-Farmington, Missouri-Illinois nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS). Under the CAA, states' SIPs must require stationary sources in ozone nonattainment areas classified as marginal or above to annually report emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX).

    DATES:

    Comments must be received on or before August 10, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2017-0278 at http://www.regulations.gov or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen D'Agostino, Air Programs Branch (AR-18J), Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Final Rules section of this issue of the Federal Register, EPA is approving IDEM's SIP revisions as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that, if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information see the direct final rule, which is located in the Rules section of this issue of the Federal Register.

    Dated: June 20, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.
    [FR Doc. 2017-14398 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 770 [EPA-HQ-OPPT-2017-0243; FRL-9963-06] RIN 2070-AK30 Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    EPA is proposing to amend a final rule that published in the Federal Register on December 12, 2016 concerning formaldehyde emission standards for composite wood products. The proposed amendment would allow compliant composite wood products and finished goods that contain compliant composite wood products that were manufactured prior to December 12, 2017 to be labeled as Toxic Substances Control Act (TSCA) Title VI compliant. This means that regulated composite wood products and finished goods that meet the required formaldehyde emissions standards could be voluntarily labeled as compliant as soon as compliance can be achieved. This would enhance regulatory flexibility and facilitate a smoother supply chain transition to compliance with the rule's broader requirements, as well as promote lower formaldehyde emitting products entering commerce earlier than under the rule as originally published. EPA believes that the proposed amendment is non-controversial and does not expect to receive any adverse comments. Therefore, in addition to this Notice of Proposed Rulemaking, elsewhere in this issue of the Federal Register, EPA is promulgating the amendment as a direct final rule.

    DATES:

    Written comments must be received by July 26, 2017. Comments postmarked after the close of the comment period will be stamped “late” and may or may not be considered by the Agency.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2017-0243, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-6450; email address: [email protected].

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    For further information about the changes to the labeling provisions in the final rule concerning formaldehyde emission standards for composite wood products (81 FR 89674, December 12, 2016) (FRL-9949-90), please see the information provided in the direct final rule that is located, with the same title as this proposed rule, in the “Rules and Regulations” section of this Federal Register publication (See FRL-9963-05).

    List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference, Reporting and recordkeeping requirements, Third-party certification, Toxic substances, Wood.

    Dated: June 21, 2017. Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2017-14514 Filed 7-10-17; 8:45 am] BILLING CODE 6560-50-P
    82 131 Tuesday, July 11, 2017 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 6, 2017.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques and other forms of information technology.

    Comments regarding this information collection received by August 10, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Commentors are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Forest Service

    Title: Bid for Advertised Timber.

    OMB Control Number: 0596-0066.

    Summary of Collection: Authorized under 16 U.S.C. 472a, unless extraordinary conditions exist as defined by regulation, the Secretary of Agriculture must (1) advertise sales of all National Forest System timber or forest products exceeding $10,000 in appraised value; (2) select bidding methods that ensure open and fair competition; (3) select bidding methods that ensure that the Federal government receives not less than appraised value of the timber or forest product; and (4) monitor bidding patterns for evidence of unlawful bidding practices. Individuals, large and small businesses, and corporations who wish to purchase timber or forest products from the National Forest must enter into a timber sale contract or Forest product contract with the Forest Service (FS). Information must be collected by FS in order to ensure that: National Forest System timber is sold at not less than appraised value; bidders meet specific criteria when submitting a bid; and anti-trust violations do not occur during the bidding process. Several statutes, regulations, and polices impose requirements on the Government and purchasers in the bidding process.

    Need and Use of the Information: FS will collect information using different bid forms FS-2400-42a, FS-2400-14UR, FS-2400-14WA and FS-2400-14TV, and two versions of the Solicitation and Offer for Integrated Resource Contract form FS-2400-14BV and FS-2400-14BVU. The sale officer will ensure: The bidder has signed the bid form; provided a tax identification number; completed the unit rate, weighted average, or total sale value bid; entered the bid guarantee amount, type, and ensure the bid guarantee is enclosed with the bid, the bidder has provided the required information concerning Small Business Administration size and Equal Opportunity compliance on previous sales. The Timber Sale Contracting Officers will use the information to complete the contract prior to award to the highest bidder. Failure to include the required information may result in the bid being declared non-responsive or the Contracting Officer may be unable to make an affirmative finding of purchaser responsibility and not able to award the contract.

    Description of Respondents: Business or other for-profit; Individuals or households.

    Number of Respondents: 1,089.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 68,530.

    Forest Service

    Title: Federal Excess Personal and Firefighter Property Program Administration.

    OMB Control Number: 0596-0223.

    Summary of Collection: Federal Excess Personal Property (FEPP) and Firefighter Property (FFP) programs provide state (including U.S. territories) forestry agencies the opportunity to obtain excess Department of Defense and other Federal agencies equipment and supplies to be used in firefighting and emergency services. The authority to provide excess supplies to state agencies comes from Federal Property and Administration Services Act of 1949, as amended, 40 U.S.C., Sec 202. Authority to loan excess supplies comes from 10 U.S.C., Subtitle A, Part IV, Chapter 153, 2576b grants the authority for the FFP.

    Need and Use of the Information: The Forest Service (FS) “Federal Excess Property Management Information System (FEPMIS) database allows the FS to collect FEPP and FFP information used to manage property inventory electronically. Access to the database is limited to those state employees with access authorized by FS Management Officers working in the fire and Aviation staff. Each state designates an Accountable Officer who is responsible for the integrity of the program within their respective state and completing the necessary documentation for each program in which the state participates. For this reason FEPP and FFP collects the state forestry agency contact information and the information of the Accountable Officer. Cooperative Agreement forms FS-3100-10 and/or FS-3100-11 are used to collect the required information from the participating state agency that outlines the requirements and rules for the cooperation. Participating state agencies must submit separate agreements if they desire to participate in both programs.

    Description of Respondents: State and local government.

    Number of Respondents: 56.

    Frequency of Responses: Recordkeeping; Reporting: Annual.

    Total Burden Hours: 600.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-14509 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request DATES:

    July 6, 2017.

    The Department of Agriculture will submit the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Comments are requested regarding: (1) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, Washington, DC; New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602.

    Comments regarding these information collections are best assured of having their full effect if received by August 10, 2017. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Agricultural Marketing Service

    Title: USDA Farmers Market Application.

    OMB Control Number: 0581-0229.

    Summary of Collection: The Agricultural Marketing Act of 1946 (7 U.S.C. 1622(n) authorizes the Secretary to conduct services and to perform activities that will facilitate the marketing and utilization of agricultural products through commercial channels. The Agricultural Marketing Service (AMS) is authorized to implement established regulations and procedures under 7 CFR part 170 for AMS to operate the U.S. Department of Agriculture (USDA) Farmers Market, specify vendor criteria and selection procedures, and define guidelines to be used for governing the USDA Farmers Market annually.

    Need and Use of the Information: Information will be collected on form TM-28, “USDA Farmers Market Application.” The application was developed to ensure a uniform and fair process for deciding which farm operations are allowed to participate in the market, as well as ensure diversity of product for consumers. The Program has expanded to a year-round market. The Summer/Outdoor market season is from June through November and the Winter/Indoor market season operates from December through May. AMS will collect information to review the type of products available for sale and selecting participants for the annual market season. The information collected consists of (1) certification that the applicant is the owner or a representative of the farm or business; (2) name(s), address, telephone number and email address; (3) farm or business location; (4) types of products grown; (5) business practices; and (6) insurance coverage.

    Two new forms are being included in this renewal submission. The “USDA Farmers Market Customer Satisfaction Questionnaire” to learn who our customers are and their preferences in order to improve the Farmers Market. Taught by USDA subject matter experts, free fruit and vegetable education classes called VegU take place weekly at the Farmers Market. The “VegUcation Questionnaire” will be used to learn how familiar attendees are with the featured fruit or vegetable, if they found the class valuable, and if their attendance affected their market purchases.

    Description of Respondents: Business or other for-profit; Farms; Individuals.

    Number of Respondents: 588.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 284.

    Agricultural Marketing Service

    Title: USDA Web Based Supply Chain Management System (WBSCM).

    OMB Control Number: 0581-0273.

    Summary of Collection: Section 32 of the Act of August 24, 1935, as amended (Section 32 Pub. L. 74-320; 7 U.S.C. 612c); Sections 6(a) and (e), 13, and 17 of the National School Lunch Act, as amended, (42 U.S.C. 1751, 1761, and 1766) in addition to several other acts authorize the Agricultural Marketing Service (AMS) Procurement Branches to prepare and issue announcements for the purchase and sale of perishable agricultural commodities. AMS purchases agricultural commodities for the Section 32 and 6a & e National School Lunch Program/Child & Adult Care Food Program; Nutrition Service Incentive Program; Food Distribution Program on Indian Reservations; Commodity Supplemental Food Program; The Emergency Food Assistance Program and Disaster Feeding in addition to providing support for commodity markets with surplus inventory.

    Need and Use of the Information: AMS issues solicitation for offers in order to solicit bids for commodities for delivery to domestic nutrition assistance programs. Vendors respond by making electronic offers using the secure Web Based Supply Chain Management System (WBSCM). Vendors must be registered, and have an ID and password, in order to submit bids electronically through WBSCM via the Internet. The information will change in response to the needs of the domestic feeding programs and each solicitation. Information collected has been consolidated into three processes—a New Vendor Application, Bid Solicitation, and Contract Delivery, Invoice Submission and Inspection Results. The data collected from vendors assists AMS with making a determination whether a business is viable and capable of supplying product to the Federal government.

    Description of Respondents: Business or other for profit; Farms.

    Number of Respondents: 330.

    Frequency of Responses: Reporting: On occasion; Weekly; Monthly; Quarterly.

    Total Burden Hours: 48,376.

    Agricultural Marketing Service

    Title: Data Collection for Container Availability.

    OMB Control Number: 0581-0276.

    Summary of Collection: Section 203(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) directs and authorizes the collection and dissemination of marketing information including adequate outlook information, on a market area basis, for the purpose of anticipating and meeting consumer requirements aiding in the maintenance of farm income and to bring about a balance between production and utilization. As part of the Agricultural Marketing Service (AMS), the Transportation Services Division (TSD) informs, represents, and assists agricultural shippers and government policymakers through: Market reports, representation, analysis, assistance, and responses to inquiries.

    Need and Use of the Information: TSD collects data for its analysis from public resources as well as unique data sources to help the agricultural exporters make the most out of the transportation options available. The Data Collection for Container Availability provides U.S. agricultural exporters with weekly data detailing the availability of containers at select locations around the country. AMS will collect these data on a voluntary basis from ocean container carriers and then provide these up-to-date data in an aggregate report on its Web site.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 21.

    Frequency of Responses: Reporting: Weekly.

    Total Burden Hours: 1,759.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-14487 Filed 7-10-17; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Forest Service Coconino County Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Coconino County Resource Advisory Committee (RAC) will meet in Flagstaff, Arizona. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/main/pts/specialprojects/racs.

    DATES:

    The meeting will be held on July 28, 2017, at 1:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Coconino National Forest (NF) Supervisor's Office, 1824 South Thompson Street, Flagstaff, Arizona.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Coconino NF Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Brady Smith, RAC Coordinator, by phone at 928-527-3490 or via email at [email protected].

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Introduce new members to one another,

    2. Elect a chairperson,

    3. Review the charter,

    4. Establish ground rules,

    5. Discuss future meeting dates, deadlines, and meeting processes.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by July 21, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Brady Smith, RAC Coordinator, Coconino NF Supervisor's Office, 1824 South Thompson Street, Flagstaff, Arizona 86001; or by email to [email protected]

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie C. Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14419 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Coconino County Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Coconino County Resource Advisory Committee (RAC) will meet in Flagstaff, Arizona. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/main/pts/specialprojects/racs.

    DATES:

    The meeting will be held on August 21, 2017, at 9:00 a.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Coconino County Health Department, 2625 N. King Street, Flagstaff, Arizona.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Coconino National Forest (NF) Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Brady Smith, RAC Coordinator, by phone at 928-527-3490 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Review the calendar,

    2. Review project proposals,

    3. Hear project proponent proposals, and

    4. Vote on projects.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by August 14, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Brady Smith, RAC Coordinator, Coconino NF Supervisor's Office, 1824 South Thompson Street, Flagstaff, Arizona, 86001; or by email to [email protected]

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14417 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule Committee (Committee) will meet in Atlanta, Georgia. The Committee operates in compliance with the Federal Advisory Committee Act (FACA). Committee information can be found at the Committee's Web site at: http://www.fs.usda.gov/main/planningrule/committee.

    DATES:

    The meeting will be held on the following dates and times:

    • Wednesday, August 2, 2017, from 1:30 p.m. to 5:30 p.m. EST.

    • Thursday, August 3, 2017, from 8:30 a.m. to 5:00 p.m. EST.

    All meetings are subject to cancellation. For updated status of meetings prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Residence Inn Atlanta Midtown, 1365 Peachtree Street Northeast, Atlanta, Georgia. For anyone who would like to attend via web connection and/or conference call, please visit the Web site listed above or contact the person listed under For Further Information Contact.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses, when provided, are placed in the record and available for public inspection and copying. The public may inspect comments received at the USDA Forest Service Washington Office—Yates Building. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Crystal Merica, Committee Coordinator, by phone at 202-205-3562, or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of this meeting is to provide:

    1. Continued deliberations on formulating advice for the Secretary,

    2. Discussion of Committee work group findings,

    3. Hearing public comments, and

    4. Administrative tasks.

    This meeting is open to the public. The agenda will include time for people to make oral comments of three minutes or less. Individuals wishing to make an oral comment should submit a request in writing by July 28, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the Committee may file written statements with the Committee's staff before or after the meeting. Written comments and time requests for oral comments must be sent to Crystal Merica, USDA Forest Service Washington Office—Yates Building, 201 14th Street Southwest, Mail Stop 1104, Washington, DC, 20250-1104; or by email at [email protected] The agenda and summary of the meeting will be posted on the Committee's Web site within 21 days of the meeting.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14413 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Huron-Manistee Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Huron-Manistee Resource Advisory Committee (RAC) will meet in Mio, MI. The RAC is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the RAC is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act.

    DATES:

    The meeting will be held om August 8, 2017, from 6:30 p.m.-9:30 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at Mio Ranger District, 107 McKinley Road, Mio, Michigan. Participants who would like to attend by teleconference or by video conference, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Mio Ranger District. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Brad Bolton, Designated Federal Officer, by phone at 989-826-3252 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Introduction of RAC members and Forest Serivce personel;

    2. Elect a chairperson;

    3. Review processess for recommending and considering Title II projects; and

    4. Pubic comment.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by August 1, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Brad Bolton, Designated Federal Officer, 107 McKinley Road, Mio, Michigan 48647; by email to [email protected], or via facsimile to 989-826-6073.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14414 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Coconino County Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Coconino County Resource Advisory Committee (RAC) will meet in Flagstaff, Arizona. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/main/pts/specialprojects/racs.

    DATES:

    The meeting will be held on September 8, 2017, at 9:00 a.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the Coconino County Health Department, 2625 N. King Street, Flagstaff, Arizona.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Coconino National Forest (NF) Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Brady Smith, RAC Coordinator, by phone at 928-527-3490 or via email at [email protected]s.

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Review the calendar,

    2. Review project proposals,

    3. Hear project proponent proposals, and

    4. Vote on projects.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 1, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Brady Smith, RAC Coordinator, Coconino NF Supervisor's Office, 1824 South Thompson Street, Flagstaff, Arizona, 86001; or by email to [email protected]

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14411 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Southwest Mississippi Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Southwest Mississippi Resource Advisory Committee (RAC) will meet in Meadville, Mississippi. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/mississippi/.

    DATES:

    The meeting will be held on August 23, 2017, at 6:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at Franklin County Public Library, 106 First Street, Meadville, Mississippi.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Homochitto Ranger District. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Bill Meriwether by phone at 601-384-5876 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Call to order and welcome new members,

    2. Elect a new chairperson,

    3. Updates on RAC,

    4. Title II Funds availabile for projects,

    5. Discussion project proposals and make recommendations, and

    6. Public comments.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by August 18, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Bill Meriwether, RAC Coordinator, Homochitto Ranger District, 1200 Highway 184 East, Meadville, Mississippi 39653; by email to [email protected], or via facsimile to 601-384-2172.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14415 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Southwest Mississippi Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Southwest Mississippi Resource Advisory Committee (RAC) will meet in Meadville, Mississippi. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/mississippi/.

    DATES:

    The meeting will be held on August 29, 2017, at 6:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at Franklin County Public Library, 106 First Street, Meadville, Mississippi.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Homochitto Ranger District. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Bill Meriwether by phone at 601-384-5876 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Call to order and welcome new members,

    2. Elect a new chairperson,

    3. Updates on RAC,

    4. Title II Funds availabile for projects,

    5. Discussion project proposals and make recommendations, and

    6. Public comments.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by August 24, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Bill Meriwether, RAC Coordinator, Homochitto Ranger District, 1200 Highway 184 East, Meadville, Mississippi 39653; by email to [email protected], or via facsimile to 601-384-2172.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14418 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Coconino County Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Coconino County Resource Advisory Committee (RAC) will meet in Flagstaff, Arizona. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/main/pts/specialprojects/racs.

    DATES:

    The meeting will be held on September 22, 2017, at 9:00 a.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Coconino County Health Department, 2625 N. King Street, Flagstaff, Arizona.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Coconino National Forest (NF) Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Brady Smith, RAC Coordinator, by phone at 928-527-3490 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Review the calendar,

    2. Review project proposals,

    3. Hear project proponent proposals, and

    4. Vote on projects.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 15, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Brady Smith, RAC Coordinator, Coconino NF Supervisor's Office, 1824 South Thompson Street, Flagstaff, Arizona, 86001; or by email to [email protected]

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14410 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Southwest Mississippi Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Southwest Mississippi Resource Advisory Committee (RAC) will meet in Meadville, Mississippi. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the Act. RAC information can be found at the following Web site: https://www.fs.usda.gov/mississippi/.

    DATES:

    The meeting will be held on September 12, 2017, at 6:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at Franklin County Public Library, 106 First Street, Meadville, Mississippi.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Homochitto Ranger District. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Bill Meriwether by phone at 601-384-5876 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Call to order and welcome new members,

    2. Elect a new chairperson,

    3. Updates on RAC,

    4. Title II Funds availabile for projects,

    5. Discussion project proposals and make recommendations, and

    6. Public comments.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by September 7, 2017, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Bill Meriwether, RAC Coordinator, Homochitto Ranger District, 1200 Highway 184 East, Meadville, Mississippi 39653; by email to [email protected], or via facsimile to 601-384-2172.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Leslie Weldon, Deputy Chief, National Forest System.
    [FR Doc. 2017-14416 Filed 7-10-17; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2017-003] Notice of Availability of the Mississippi Trustee Implementation Group 2016-2017 Restoration Plan/Environmental Assessment and Finding of No Significant Impact (FONSI) AGENCY:

    Natural Resources Conservation Service (NRCS).

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), the Deepwater Horizon Federal and State natural resource trustee agencies for the Mississippi Trustee Implementation Group (MS TIG) have prepared a final Mississippi Trustee Implementation Group 2016-2017 Restoration Plan/Environmental Assessment (RP/EA). The RP/EA describes the restoration project alternatives considered by the MS TIG to restore and conserve habitat, replenish and protect living coastal and marine resources, and restore water quality. The MS TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and also evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The Federal Trustees of the MS TIG have determined that implementation of the MS TIG 2016-2017 RP/EA is not a major Federal Action significantly affecting the quality of the human environment within the context of NEPA and, therefore, an Environmental Impact Statement will not be prepared. The MS TIG has selected three restoration projects in the RP/EA for implementation in the Mississippi Restoration Area, which are consistent with the Trustees' programmatic alternatives in the Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (PDARP/PEIS).

    ADDRESSES:

    Obtaining Documents: You may download the RP/EA and FONSI at http://www.gulfspillrestoration.noaa.gov. Alternatively, you may request a CD of the Final RP/EA and FONSI (see FOR FURTHER INFORMATION CONTACT). You also may view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov.

    FOR FURTHER INFORMATION CONTACT:

    • USDA NRCS—Andrée DuVarney, [email protected] Mississippi—Tabatha Baum, [email protected] SUPPLEMENTARY INFORMATION:

    Introduction

    On April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, which was being used to drill a well for BP Exploration and Production Inc. (BP), in the Macondo prospect (Mississippi Canyon 252—MC252), exploded, caught fire and subsequently sank in the Gulf of Mexico, resulting in an unprecedented volume of oil and other discharges from the rig and from the wellhead on the seabed. The Deepwater Horizon oil spill is the largest maritime oil spill in United States (U.S.) history, discharging millions of barrels of oil over a period of 87 days. In addition, well over one million gallons of dispersants were applied to the waters of the spill area in an attempt to disperse the spilled oil. An undetermined amount of natural gas also was released to the environment as a result of the spill.

    The Deepwater Horizon State and Federal natural resource trustees (DWH Trustees) conducted NRDA for the Deepwater Horizon oil spill under the Oil Pollution Act 1990 (OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and State agencies act as trustees on behalf of the public to assess natural resource injuries and losses and to determine the actions required to compensate the public for those injuries and losses. OPA further instructs the designated trustees to develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources under their trusteeship, including the loss of use and services from those resources from the time of injury until the time of restoration to baseline (the resource quality and conditions that would exist if the spill had not occurred) is complete.

    The DWH Trustees are:

    • U.S. Department of the Interior (DOI), as represented by the National Park Service (NPS) and U.S. Fish and Wildlife Service (USFWS), and Bureau of Land Management (BLM) • National Oceanic and Atmospheric Administration (NOAA), on behalf of the U.S. Department of Commerce (DOC) • U.S. Department of Agriculture (USDA) • U.S. Department of Defense (DOD) 1

    1 Although a trustee under OPA by virtue of the proximity of its facilities to the Deepwater Horizon oil spill, DOD is not a member of the Trustee Council and does not participate in DWH Trustee decision-making.

    • U.S. Environmental Protection Agency (EPA) • State of Louisiana Coastal Protection and Restoration Authority, Oil Spill Coordinator's Office, Department of Environmental Quality, Department of Wildlife and Fisheries, and Department of Natural Resources • State of Mississippi Department of Environmental Quality (MDEQ) • State of Alabama Department of Conservation and Natural Resources and Geological Survey of Alabama • State of Florida Department of Environmental Protection and Fish and Wildlife Conservation Commission • The State of Texas Parks and Wildlife Department, Texas General Land Office, and Texas Commission on Environmental Quality

    Upon completion of the NRDA, the DWH Trustees reached and finalized a settlement of their natural resource damage claims with BP in a Consent Decree 2 approved by the U.S. District Court for the Eastern District of Louisiana. Pursuant to that Consent Decree, restoration projects in Mississippi are now chosen and managed by the MS TIG. The MS TIG is composed of the following Trustees:

    2https://www.justice.gov/enrd/file/838066/download.

    • MDEQ;

    • DOI, as represented by NPS, USFWS, and BLM;

    • NOAA, on behalf of DOC;

    • USDA; and

    • EPA.

    This restoration planning activity is proceeding in accordance with the Deepwater Horizon Oil Spill: Final PDARP/PEIS. Information on the Restoration Types: Wetlands, Coastal and Nearshore Habitats, Birds, and Nutrient Reduction (Nonpoint Source), as well as the OPA criteria against which project ideas are being evaluated, can be viewed in the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan), and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).

    Background

    On May 27, 2016, the MS TIG published a notice to invite public input regarding natural resource restoration opportunities in the Mississippi Restoration Area for the 2016-2017 planning years. The notice indicated a focus on the following range of potential restoration types that may have benefits to living coastal and marine resources: Restoration of Wetlands, Coastal and Nearshore Habitats, restoration of water quality through Nutrient Reduction (Nonpoint source); restoration of Birds, and restoration of Oysters. Because there are several ongoing or completed projects benefitting oysters and secondary productivity in the Mississippi Restoration Area, the MS TIG chose not to prioritize the oyster restoration type in this RP/EA.

    On October 31, 2016, the MS TIG published a Notice of Initiation for Restoration Plan Drafting in Mississippi, indicating its intent to focus on the following Restoration Types:

    • Wetlands, Coastal and Nearshore Habitats;

    • Nutrient Reduction (nonpoint source); and

    • Birds.

    A Notice of Availability of the Draft RP/EA was published in the Federal Register on December 27, 2016 (81 FR 95106-95107). The Draft RP/EA provided the MS TIG's analysis of alternatives that were considered to meet the intended Restoration Types under both OPA and NEPA, and identified three projects that were proposed for implementation. The MS TIG provided the public with a 45-day comment period that ended February 10, 2017, and hosted a Web-based comment submission site to encourage the public to review and comment. The MS TIG also provided a post office box and email address as other means for the public to provide comments.

    Comments were received from private citizens, State, and local agencies, and non-governmental organizations. The MS TIG considered the public comments received, which informed the MS TIG's analysis of alternatives in the Final RP/EA. A summary of the public comments received and the MS TIG's responses to those comments are addressed in Section 6 of the FinalRP/EA.

    Overview of the RP/EA

    The RP/EA is being released in accordance with OPA, NRDA regulations found in the Code of Federal Regulations (CFR) at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et seq.).

    In the RP/EA, the MS TIG proposes implementation of the following two preferred alternatives and associated projects within the Wetlands, Coastal and Nearshore Habitat and Birds Restoration Types: (1) Graveline Bay Land Acquisition and Management, and (2) Grand Bay Land Acquisition and Habitat Management. The MS TIG also proposes the following preferred alternative and associated project within the Nutrient Reduction (Nonpoint Source) Restoration Type: Upper Pascagoula River Water Quality Enhancement. The RP/EA presents six restoration alternatives, as well as a no action alternative, evaluated in accordance with OPA and NEPA. The alternatives considered in RP/EA are—

    • Restoration Goals.—Restore and Conserve Habitat; and Replenish and Protect Living Coastal and Marine Resources.

    ○ Alternative A (Preferred): Graveline Bay Land Acquisition and Management ○ Alternative B: Grand Bay Land Acquisition (up to 8,000 acres) ○ Alternative C: Grand Bay Habitat Management (up to 17,500 acres) ○ Alternative D (Preferred): Grand Bay Land Acquisition (up to 8,000 acres) and Habitat Management (up to 17,500 acres); Alternatives B and C combined ○ No Action Alternative

    • Restoration Goal.—Restore Water Quality.

    ○ Alternative A (Preferred): Upper Pascagoula River Water Quality Enhancement ○ Alternative B: Pascagoula River Basin Riparian Buffer Maintenance Plan ○ No Action Alternative

    The MS TIG has determined that the selected restoration alternatives and associated projects preferred for implementation are appropriate to partially compensate for the injuries for these restoration types described in PDARP/PEIS. In the RP/EA, the MS TIG presents to the public its plan for providing partial compensation to the public for natural resources and ecological services injured or lost in Mississippi as a result of the Deepwater Horizon Oil Spill. The preferred alternatives and associated projects in the RP/EA are most appropriate for addressing injuries to wetlands, coastal and nearshore habitats, birds, and water quality in Mississippi at this time. Additional restoration planning for Mississippi will continue at a later time.

    Administrative Record

    The documents included in the Administrative Record can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord. This Administrative Record is actively maintained and available for public review.

    Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the implementing NRDA regulations found at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et seq.).

    Signed on July 5, 2017, in Washington, DC James E. Tillman, Sr., Acting Associate Chief for Conservation, Natural Resources Conservation Service. [FR Doc. 2017-14505 Filed 7-10-17; 8:45 am] BILLING CODE 3410-16-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the New Hampshire Advisory Committee AGENCY:

    Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the New Hampshire Advisory Committee to the Commission will convene by conference call at 9:00 a.m. (EDT) on: Friday, July 28, 2017. The purpose of the meeting is to discuss how to update the voting rights project and report. The Committee may also discuss future civil rights projects.

    DATES:

    Friday, July 28, 2017, at 9:00 a.m. EDT.

    ADDRESSES:

    Public call-in information: Conference call-in number: 1-877-719-9795 and conference call 5761106.

    FOR FURTHER INFORMATION CONTACT:

    Evelyn Bohor at [email protected] or by phone at 202-376-7533.

    SUPPLEMENTARY INFORMATION:

    Interested members of the public may listen to the discussion by calling the following toll-free conference call-in number: 1-877-719-9795 and conference call 5761106. Please be advised that before placing them into the conference call, the conference call operator will ask callers to provide their names, their organizational affiliations (if any), and email addresses (so that callers may be notified of future meetings). Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free conference call-in number.

    Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service at 1-800-977-8339 and providing the operator with the toll-free conference call-in number: 1-877-719-9795 and conference call 5761106.

    Members of the public are invited to make statements during the open comment period of the meeting or submit written comments. The comments must be received in the regional office approximately 30 days after each scheduled meeting. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Eastern Regional Office at (202) 376-7533.

    Records and documents discussed during the meeting will be available for public viewing as they become available at https://database.faca.gov/committee/meetings.aspx?cid=262, click the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above phone numbers, email or street address.

    Agenda Friday, July 28, 2017 • Rollcall • Discussion of Voting Rights Report • Next Steps • Other Business • Open Comment • Adjourn Dated: July 6, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-14490 Filed 7-10-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [C-201-846] Sugar From Mexico: Amendment to the Agreement Suspending the Countervailing Duty Investigation AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    DATES:

    Effective June 30, 2017.

    SUMMARY:

    The Department of Commerce (the Department) and a representative of the Government of Mexico (GOM) have signed an amendment to the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (CVD Suspension Agreement). The amendment to the CVD Suspension Agreement modifies the definitions for sugar from Mexico, modifies the restrictions of the volume of direct or indirect exports to the United States of sugar from all Mexican producers/exporters, and provides for enhanced monitoring and enforcement mechanisms.

    FOR FURTHER INFORMATION CONTACT:

    Sally Craig Gannon or David Cordell at (202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements Unit, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: Background

    On April 17, 2014, the Department initiated a countervailing duty investigation under section 702 of the Tariff Act of 1930, as amended (the Act), to determine whether manufacturers, producers, or exporters of sugar from Mexico receive subsidies.1 On August 25, 2014, the Department preliminarily determined that countervailable subsidies are being provided to producers and exporters of sugar from Mexico and aligned the final countervailing duty determination with the final antidumping duty determination.2

    1See Sugar from Mexico: Initiation of Countervailing Duty Investigation, 79 FR 22790 (April 24, 2014).

    2See Sugar from Mexico: Preliminary Affirmative Countervailing Determination and Alignment of Final Countervailing Determination with Final Antidumping Duty Determination, 79 FR 51956 (September 2, 2014).

    The Department and the GOM signed the CVD Suspension Agreement on December 19, 2014.3

    3See Sugar From Mexico: Suspension of Countervailing Investigation, 79 FR 78044 (December 29, 2014).

    On January 8, 2015, Imperial Sugar Company (Imperial) and AmCane Sugar LLC (AmCane) each notified the Department that they had petitioned the International Trade Commission (ITC) to conduct a review of the CVD Suspension Agreement under section 704(h) of the Act to determine whether the injurious effects of the imports of the subject merchandise are eliminated completely by the CVD Suspension Agreement. On March 19, 2015, in a unanimous vote, the ITC found that the CVD Suspension Agreement eliminated completely the injurious effects of imports of sugar from Mexico.4 As a result of the ITC's determination, the CVD Suspension Agreement remained in effect, and on March 27, 2015, the Department, in accordance with section 704(h)(3) of the Act, instructed U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation of all entries of sugar from Mexico and refund all cash deposits.

    4See Sugar from Mexico; Determinations, 80 FR 16426 (March 27, 2015).

    Notwithstanding issuance of the CVD Suspension Agreement, pursuant to requests by domestic interested parties, the Department continued its investigation and made an affirmative final determination that countervailable subsidies were being provided to exporters and producers of sugar from Mexico.5 In its Final Determination, the Department calculated countervailable subsidy rates of 43.93 percent for Fondo de Empresas Expropiadas del Sector Azucarero (FEESA), 5.78 percent for Ingenio Tala S.A. de C.V. and certain affiliated sugar mills of Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM Group), and 38.11 percent for producers and exporters that were not individually investigated. The Department stated, in its Final Determination, that it would “not instruct CBP to suspend liquidation or collect cash deposits calculated herein unless the {CVD} Suspension Agreement is terminated.” 6 The ITC subsequently made an affirmative determination of material injury to an industry in the United States by reason of imports of sugar from Mexico.7

    5See Sugar From Mexico: Continuation of Antidumping and Countervailing Duty Investigations, 80 FR 25278 (May 4, 2015); Sugar From Mexico: Final Affirmative Countervailing Duty Determination, 80 FR 57337 (September 23, 2015) (Final Determination).

    6Final Determination, 80 FR at 57338.

    7See Sugar From Mexico, 80 FR 70833 (November 16, 2015) (Final ITC Determination).

    Since June 2016, the Department and GOM have held consultations regarding the CVD Suspension Agreement to address concerns raised by the domestic industry and to ensure that the CVD Suspension Agreement meets all of the statutory requirements for a suspension agreement, e.g., that suspension of the investigation is in the public interest, including the availability of supplies of sugar in the U.S. market, and that effective monitoring is practicable. On June 14, 2017, the Department and the GOM initialed a draft amendment to the CVD Suspension Agreement. The Department invited interested parties to provide written comments on the proposed amendment by June 21, 2017, and rebuttal comments by June 26, 2017.8 On June 17, 2017, the Department released a memorandum explaining how the draft amendment, as integrated with the CVD Suspension Agreement (the draft amended CVD Suspension Agreement) meets the requirements of section 704(c) of the Act and invited interested parties to provide written comments by no later than the close of business on June 23, 2017, with rebuttal comments due no later than the close of business on June 26, 2017.9

    8See Memorandum entitled “Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico,” dated June 14, 2017 and Memorandum entitled “Placing Press Release on the Record of the Proceeding,” dated June 30, 2017.

    9See Memorandum from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Draft Amendment to the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico: U.S. Import Coverage, Existence of Extraordinary Circumstances, Public Interest, and Effective Monitoring Assessments,” dated June 16, 2017.

    Scope of Agreement

    See Section I, Product Coverage, of the CVD Suspension Agreement.

    Analysis of Comments Received

    We received comments on the draft amendment from the International Sugar Trade Coalition, the Australian Sugar Industry Alliance, CSC Sugar LLC, the Corn Refiners Association, the Organic Trade Association, Archer Daniels Midland Company, the American Sugar Coalition, Imperial Sugar Company, the Government of Canada, the Sugar Users Association, and the Governments of Barbados, Belize, Dominican Republic, Guyana, and Jamaica. We received rebuttal comments on the draft amendment from Cámara Nacional de Las Industrias Azucarera y Alcoholera (Mexican Sugar Chamber), the American Sugar Coalition, the Government of Mexico, and Zucarmex, S.A. de C.V. and Zucrum Foods LLC. We did not receive comments on the draft statutory memorandum. In reaching a final amendment to the CVD Agreement, the Department has taken into account all comments and rebuttal comments submitted on the record of the suspension agreement proceeding and has made changes, where warranted, to the June 14, 2017 draft CVD amendment based upon those comments. The Department expects to place its written analysis of the changes made and response to comments on the record of the suspension agreement proceeding no later than July 14, 2017.

    Amendment to CVD Suspension Agreement

    The Department consulted with the GOM and the petitioners 10 and has considered the comments submitted by interested parties with respect to the draft amendment to the CVD Suspension Agreement. On June 30, 2017, after consideration of the interested party comments received, Wilbur L. Ross, Jr., Secretary of Commerce, and Juan Carlos Baker Pineda, Subsecretario de Comercio Exterior, Secretaría de Economía, signed a finalized amendment to the CVD Suspension Agreement. The amendment, as integrated with the CVD Suspension Agreement (the amended CVD Suspension Agreement), allows for exports of Mexican sugar to the United States in accordance with the collective terms therein.

    10 Petitioners are the American Sugar Coalition and its individual members: American Sugar Cane League, American Sugar Refining, Inc., American Sugarbeet Growers Association, Florida Sugar Cane League, Rio Grande Valley Sugar Growers, Inc., Sugar Cane Growers Cooperative of Florida, and United States Beet Sugar Association.

    In accordance with section 704(c) of the Act, we have determined that extraordinary circumstances, as defined by section 704(c)(4) of the Act, exist with respect to the amended CVD Suspension Agreement. We have also determined that the amended CVD Suspension Agreement is in the public interest and can be monitored effectively, as required under section 704(d) of the Act.

    For the reasons outlined above, we find that the amended CVD Suspension Agreement meets the criteria of section 704(c) and (d) of the Act.

    The terms and conditions of the amendment to the CVD Suspension Agreement, signed on June 30, 2017, are set forth in the Amendment to the CVD Suspension Agreement, which is attached in Annex 1 to this notice.

    Administrative Protective Order Access

    The administrative protective order (APO) the Department granted in the suspension agreement segment of this proceeding remains in place and effective for the amended CVD Suspension Agreement. All new parties requesting access under the APO currently in effect to business proprietary information submitted during the administration of the amended CVD Suspension Agreement must submit an APO application in accordance with the Department's regulations currently in effect.11

    11See section 777(c)(1) of the Act; 19 CFR 351.103, 351.304, 351.305, and 351.306.

    We are issuing and publishing this notice in accordance with section 704(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).

    Dated: June 30, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Annex 1: Amendment to Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico

    The Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (Agreement) signed by the United States Department of Commerce (the Department) and the Government of Mexico (GOM) on December 19, 2014, is amended, as set forth below (Amendment).

    If a provision of the Agreement conflicts with a provision of this Amendment, the provision of the Amendment shall supersede the provision of the Agreement to the extent of the conflict. All other provisions of the Agreement and their applicability continue with full force.

    The Department and the GOM hereby agree as follows:

    Section II (“Definitions”) is amended as follows:

    Section II.D is replaced with:

    “Effective Date of the Agreement” means the date on which the Department and the GOM signed the Agreement. Additionally, the “Effective Date of the Amendment” means the date on which the Department issues its next calculation pursuant to Section V.B of the Agreement and, as such, means that the Amendment applies to all contracts for Sugar from Mexico for the October 1, 2017 through September 30, 2018 Export Limit Period, and to all contracts for Sugar from Mexico (regardless of Export Limit Period) exported from Mexico on or after October 1, 2017.

    Section II.K is replaced with:

    “Other Sugar” means

    a. Sugar at a polarity of less than 99.2, as produced and measured on a dry basis;

    b. Where such Sugar is Additional U.S. Needs Sugar, as defined in Section II.U, Sugar at a polarity of less than 99.5, as produced and measured on a dry basis; and,

    c. In the event that Section V.B.4.d is exercised, Sugar at a polarity specified by USDA that is below 99.5, as produced and measured on a dry basis.

    Such Other Sugar must be exported to the United States loaded in bulk and freely flowing (i.e., not in a container, tote, bag or otherwise packaged) into the hold(s) of an ocean-going vessel. To be considered as Other Sugar, if Sugar leaves the Mexican mill in a container, tote, bag or other package (i.e., is not freely flowing), it must be emptied from the container, tote, bag or other package into the hold of the ocean-going vessel for exportation. All other exports of Sugar from Mexico that are not transported in bulk and freely flowing in the hold(s) of an ocean-going vessel will be considered to be Refined Sugar for purposes of the Export Limit or Additional U.S. Needs Sugar, regardless of the polarity of that Sugar.

    Section II.L is replaced with:

    “Refined Sugar” means

    a. Sugar at a polarity of 99.2 and above, as produced and measured on a dry basis;

    b. Sugar considered to be Refined Sugar under Section II.K;

    c. Where such Sugar is Additional U.S. Needs Sugar as defined in Section II.U, Sugar at a polarity of 99.5 and above, as produced and measured on a dry basis; and

    d. In the event that Section V.B.4.d is exercised, Sugar at a polarity specified by USDA that is 99.5 or above, as produced and measured on a dry basis.

    New Section II.U is added as follows:

    “Additional U.S. Needs Sugar” means the quantity of Sugar allowed to be exported, over and above the Export Limit calculated under Section V.B.3, to fill a need identified by USDA in the U.S. market for a particular type and quantity of Sugar, and offered to Mexico pursuant to Section V.B.4.c.

    Section V (“Export Limits”) is amended as follows:

    Section V.B—the first sentence of the first paragraph is amended as follows (changes in italics):

    The Export Limit for each Subsequent Export Limit Period will be fifty (50) percent of the Target Quantity of U.S. Needs as calculated based on the July WASDE preceding the beginning of the Export Limit Period.

    Section V.B.4 is replaced with the following:

    4. Increases to the Export Limit.

    a. Prior to April 1 of any Export Limit Period, if USDA notifies the Department, in writing, of any additional need for Sugar, the Department shall, consistent with 704(c) of the Act, increase the Export Limit to address potential shortages in the U.S. market based on USDA's request.

    b. Starting in March, within 10 days following the publication of each WASDE report during a given Export Limit Period, the Department agrees that it shall consult with USDA and the GOM regarding any potential increase in the Export Limit on or after April 1. Following each consultation with the GOM, the GOM will notify the Department within 10 days of (1) the extent to which the GOM has issued export licenses for Other Sugar and Refined Sugar to fulfill 100 percent of the Target Quantity of U.S. Needs; (2) the quantity of Other Sugar and Refined Sugar that has been exported under such licenses, and (3) the nature and quantity of the Sugar that Mexico can supply, with supporting documentation for the foregoing, and the Department shall notify USDA.

    c. Pursuant to such consultations, and upon receiving notice from USDA in writing of a need in the U.S. market for a particular type and quantity of additional Sugar that Mexico has indicated it can supply, the Department shall: (1) Request written confirmation from the GOM that Mexico can and will supply 100 percent of the Target Quantity of U.S. Needs (as calculated pursuant to Section V.B.3 based on the March WASDE); and (2) upon receiving such confirmation, increase the Export Limit, consistent with 704(c) of the Act, by an amount equal to 100 percent of such particular type and quantity of sugar identified by USDA (hereinafter “Additional U.S. Needs Sugar”). When such Additional U.S. Needs Sugar is requested by USDA, and in turn offered to Mexico by the Department, the definitions for Other Sugar and Refined Sugar in Section II.K.a and Section II.L.a, respectively, shall apply prior to May 1 of any Export Limit Period, and, on or after such date, the definition in Section II.K.b and Section II.L.c, respectively, shall apply. Such Additional U.S. Needs Sugar shall comply with the applicable definitions and requirements in the Agreement, for Other Sugar and Refined Sugar, respectively.

    d. In the event of an extraordinary and unforeseen circumstance that seriously threatens the economic viability of the U.S. sugar refining industry, USDA may specify the polarity of the amount of additional Sugar specifically needed to rectify such extraordinary and unforeseen circumstance. To the extent possible under the circumstances, USDA will consult with the GOM and other interested parties. When such additional Sugar is requested by USDA under this Section V.B.4.d, and in turn offered to Mexico by the Department, the definitions for Other Sugar and Refined Sugar in Section II.K.c and Section II.L.d, respectively, shall apply.

    e. If the Department has imposed penalties for polarity non-compliance under Section VIII.B.4 in a given Export Limit Period, Mexico may not be eligible for Additional Needs U.S. Sugar.

    f. Any additional Sugar may be limited to Other Sugar or Refined Sugar, or any combination thereof, as specified by USDA. For greater certainty, Section V.C does not apply to any additional Sugar exported by Mexico pursuant to this Section V.B.4.

    Section V.C is amended as follows:

    Section V.C.2 is amended as follows (changes in italics):

    No more than 55 percent of U.S. Needs calculated in each September and effective January 1 may be exported to the United States during the period October 1 through March 31, unless that amount is less than or equal to the amount calculated under Section V.C.1, in which case the amount calculated under Section V.C.1 will continue to apply until March 31.

    Section V.C.3 is amended as follows (changes in italics):

    Refined Sugar may account for no more than 30 percent of the exports during any given Export Limit Period.

    Section VI (“Implementation”) is amended as follows:

    Section VI.A—the following sentences are added at the end of the paragraph:

    On the Effective Date of the Amendment, presentation of an Export License is required as a condition for entry of Sugar from Mexico into the United States. The GOM will issue amended regulations to implement the Amendment.

    Section VI.B—the first sentence is amended as follows (changes in italics) and a new sentence is inserted after the first sentence (in italics):

    Export Licenses will be contract-specific and must contain the information identified in Appendix I. Export Licenses issued by the GOM must, in addition to specifying whether or not exported Other Sugar is for further-processing, also specify the identity of the entity that is further processing the Other Sugar, if known.

    Section VIII.B (“Compliance Monitoring”) is amended as follows:

    Section VIII.B.4 is added as follows:

    4. Penalties for Polarity Non-Compliance of this Agreement and/or Price Non-Compliance of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (AD Agreement): The Department will review documentation regarding polarity testing that is placed on the record of this Agreement, in accordance with Section VII.C.6 of the AD Agreement, to determine whether there have been imports that are inconsistent with the provisions of this Agreement and Sections II.F, II.H, VII.C.6 and Appendix I of the AD Agreement. Where the Department finds that polarity test results of an entry of Sugar are not compliant with the Agreement's or AD Agreement's applicable definition of Other Sugar or Sugar was sold at prices that are less than the Reference Prices established in Appendix I of the AD Agreement: (1) The Department shall deduct two (2) times the quantity of that entry from Mexico's Export Limit, and (2) the GOM will, in turn, deduct that same quantity from the specific producer's/exporter's Export Limit allocation.

    a. The penalty will be applied on the date the Department notifies the GOM in writing of such non-compliance.

    b. If Other Sugar that enters during the period from October 1 through the day before the publication of the July WASDE tests at or above 99.2 polarity (or at or above 99.5 or other polarity in the case of Additional U.S. Needs Sugar), then the Department will reduce Mexico's current Export Limit by two (2) times the quantity of that entry. The Export Limit determined under Section V.B.2 and V.B.3 will be correspondingly reduced by the same amount. At the time of the March WASDE when the Target Quantity of U.S. Needs is determined, and up to the day before the publication of the July WASDE, USDA may exercise its authority to seek to fill from other countries the particular type and quantity of sugar needed in the U.S. market to address the penalty amount by which Mexico's current-year Export Limit was reduced.

    c. If Other Sugar that enters during the period from the day of the publication of the July WASDE through September 30 tests at or above 99.2 polarity (or at or above 99.5 or other polarity in the case of Additional U.S. Needs Sugar), then the Department will reduce the Export Limit for the next Export Limit Period by two (2) times the quantity of that entry. That reduction will be applied to each revision of the Export Limit under Section V.B.1, V.B.2 and V.B.3. If Mexico's next fiscal year Export Limit is reduced, USDA may exercise its authority to seek to fill from other countries the particular type and quantity of sugar needed in the U.S. market to address the penalty amount by which Mexico's Export Limit was reduced.

    d. If the Department finds that issues with meeting the polarity, testing or compliance requirements of this Agreement continue to arise, the Department can at any time terminate the Agreement under Section XI.B. Apart from termination, the Department may take additional steps to ensure compliance with the terms of this Agreement and the AD Agreement as appropriate, including reducing the Export Limit up to three (3) times the quantity of entries that do not comply with this Agreement or the AD Agreement.

    Appendix I is amended as follows (changes in italics):

    The GOM will issue contract-specific Export Licenses to Mexican entities that shall contain the following fields:

    At Appendix I, the following will be added to the Export License:

    12. Contract Identification Information: Indicate the contract identification information with which the license is associated.

    At Appendix II, the following will be added to the information reported to the Department:

    12. Contract Identification Information: Indicate the contract identification information with which the license is associated.

    13. Date of Export: Indicate the date of export of the Sugar from Mexico to the United States.

    It is acknowledged that reported information may need to be updated from time to time to reflect corrected information from customs authorities.

    Signed in Washington, DC, on June 30, 2017.

    For the U.S. Department of Commerce:

    Wilbur L. Ross, Jr., Secretary of Commerce, U.S. Department of Commerce.

    For the Government of Mexico:

    Juan Carlos Baker Pineda, Subsecretario de Comercio Exterior, Secretaría de Economía.
    [FR Doc. 2017-14283 Filed 7-10-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-201-845] Sugar From Mexico: Amendment to the Agreement Suspending the Antidumping Duty Investigation AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    DATES:

    Effective June 30, 2017.

    SUMMARY:

    The Department of Commerce (the Department) and a representative of the signatory sugar producers/exporters accounting for substantially all imports of sugar from Mexico have signed an amendment to the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (AD Suspension Agreement). The amendment to the AD Suspension Agreement modified the definitions for sugar from Mexico, revises the reference prices for the applicable sugar from Mexico, and provides for enhanced monitoring and enforcement mechanisms.

    FOR FURTHER INFORMATION CONTACT:

    Sally Craig Gannon or David Cordell at (202) 482-0162 or (202) 482-0408, respectively; Bilateral Agreements Unit, Office of Policy, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    On April 17, 2014, the Department initiated an antidumping duty investigation under section 732 of the Tariff Act of 1930, as amended (the Act), to determine whether imports of sugar from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV).1 On October 24, 2014, the Department preliminarily determined that sugar from Mexico is being, or is likely to be, sold in the United States at LTFV, as provided in section 733 of the Act, and postponed the final determination in this investigation until no later than 135 days after the date of publication of the preliminary determination in the Federal Register.2

    1See Sugar from Mexico: Initiation of Antidumping Duty Investigation, 79 FR 22795 (April 24, 2014).

    2See Sugar from Mexico: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 65189 (November 3, 2014).

    The Department and a representative of the signatory producers/exporters accounting for substantially all imports of sugar from Mexico signed the AD Suspension Agreement on December 19, 2014.3

    3See Sugar From Mexico: Suspension of Antidumping Investigation, 79 FR 78039 (December 29, 2014) (AD Suspension Agreement).

    On January 8, 2015, Imperial Sugar Company (Imperial) and AmCane Sugar LLC (AmCane) each notified the Department that they had petitioned the International Trade Commission (ITC) to conduct a review of the AD Suspension Agreement under section 734(h) of the Act, to determine whether the injurious effects of the imports of the subject merchandise are eliminated completely by the AD Suspension Agreement. On March 19, 2015, in a unanimous vote, the ITC found that the AD Suspension Agreement eliminated completely the injurious effects of imports of sugar from Mexico.4 As a result of the ITC's determination, the AD Suspension Agreement remained in effect, and on March 27, 2015, the Department, in accordance with section 734(h)(3) of the Act, instructed U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation of all entries of sugar from Mexico and refund all cash deposits.

    4See Sugar from Mexico; Determinations, 80 FR 16426 (March 27, 2015).

    Notwithstanding issuance of the AD Suspension Agreement, pursuant to requests by domestic interested parties, the Department continued its investigation and made an affirmative final determination of sales at less than fair value.5 In its Final Determination, the Department calculated weighted-average dumping margins of 40.48 percent for Fondo de Empresas Expropiadas del Sector Azucarero (FEESA), 42.14 percent for Ingenio Tala S.A. de C.V. and certain affiliated sugar mills of Grupo Azucarero Mexico S.A. de C.V. (collectively, the GAM Group), and 40.74 percent for all other Mexican producers/exporters. The Department stated, in its Final Determination, that it would “not instruct CBP to suspend liquidation or collect cash deposits calculated herein unless the AD Suspension Agreement is terminated and the Department issues an antidumping duty order,” and, in that case, it would “instruct CBP to suspend liquidation and require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price,” and adjusted for export subsidies.6 The ITC subsequently made an affirmative determination of material injury to an industry in the United States by reason of imports of sugar from Mexico.7

    5See Sugar From Mexico: Continuation of Antidumping and Countervailing Duty Investigations, 80 FR 25278 (May 4, 2015); Sugar From Mexico: Final Determination of Sales at Less Than Fair Value, 80 FR 57341 (September 23, 2015) (Final Determination).

    6Final Determination, 80 FR at 57342.

    7See Sugar From Mexico, 80 FR 70833 (November 16, 2015) (Final ITC Determination).

    Since June 2016, the Department and representatives of the Mexican sugar producers/exporters have held consultations regarding the AD Suspension Agreement to address concerns raised by the domestic industry and ensure that the AD Suspension Agreement meets all of the statutory requirements for a suspension agreement, e.g., that suspension of the investigation is in the public interest, including the availability of supplies of sugar in the U.S. market, and that effective monitoring is practicable. On June 14, 2017, the Department and a representative for Mexican sugar producers/exporters initialed a draft amendment to the AD Suspension Agreement. We invited interested parties to provide written comments by June 21, 2017, and rebuttal comments by June 26, 2017.8 On June 17, 2017, the Department released draft memoranda explaining how the draft amended AD Suspension Agreement meets the requirements of section 734(c) of the Act and invited interested parties to provide written comments by no later than the close of business on June 23, 2017, with rebuttal comments due no later than the close of business on June 26, 2017.9

    8See Memorandum entitled “Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico,” dated June 14, 2017 and Memorandum entitled “Placing Press Release on the Record of the Proceeding,” dated June 30, 2017.

    9See Memorandum from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Draft Amendment to the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico: U.S. Import Coverage, Existence of Extraordinary Circumstances, Public Interest, and Effective Monitoring Assessments,” dated June 16, 2017; see also Memorandum from P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Draft Amendment to the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico: The Prevention of Price Suppression or Undercutting of Price Levels by the Draft Amendment,” dated June 16, 2017.

    Scope of Agreement

    See Section I, Product Coverage, of the AD Suspension Agreement.

    Analysis of Comments Received

    We received comments on the draft amendment from the International Sugar Trade Coalition, the Australian Sugar Industry Alliance, CSC Sugar LLC (CSC), the Corn Refiners Association, the Organic Trade Association, Archer Daniels Midland Company, the American Sugar Coalition, Imperial Sugar Company, the Government of Canada, the Sugar Users Association (SUA), and the Governments of Barbados, Belize, Dominican Republic, Guyana, and Jamaica. We received rebuttal comments on the draft amendment from Cámara Nacional de Las Industrias Azucarera y Alcoholera (Mexican Sugar Chamber), the American Sugar Coalition, and Zucarmex, S.A. de C.V. and Zucrum Foods LLC. CSC also filed unsolicited rebuttal comments to the American Sugar Coalition's rebuttal comments. We received comments on the draft statutory memoranda from SUA. In reaching a final amendment to the AD Agreement, the Department has taken into account all comments and rebuttal comments submitted on the record of the suspension agreement proceeding and has made changes, where warranted, to the June 14, 2017 draft AD amendment based upon those comments. The Department expects to place its written analysis of the changes made and response to comments on the record of the suspension agreement proceeding no later than July 14, 2017.

    Amendment to AD Suspension Agreement

    The Department consulted with the Mexican sugar producers/exporters and the petitioners 10 and has considered the comments submitted by interested parties with respect to the draft amendment to the AD Suspension Agreement. On June 30, 2017, after consideration of the interested party comments received, Wilbur L. Ross, Jr., Secretary of Commerce, U.S. Department of Commerce and Juan Cortina Gallardo, for Mexican Sugar Industry, a representative of sugar producers/exporters accounting for substantially all imports of sugar from Mexico, signed a finalized amendment to the AD Suspension Agreement. The amendment, as integrated with the AD Suspension Agreement, allows for exports of Mexican sugar to the United States in accordance with the collective terms therein.

    10 The petitioners are the American Sugar Coalition and its individual members: American Sugar Cane League, American Sugar Refining, Inc., American Sugarbeet Growers Association, Florida Sugar Cane League, Rio Grande Valley Sugar Growers, Inc., Sugar Cane Growers Cooperative of Florida, and United States Beet Sugar Association.

    In accordance with section 734(c) of the Act, we have determined that extraordinary circumstances, as defined by section 734(c)(2)(A) of the Act, exist with respect to the amended AD Suspension Agreement. We have also determined that the amended AD Suspension Agreement will eliminate completely the injurious effect of exports to the United States of the subject merchandise and prevent the suppression or undercutting of price levels of domestic sugar by imports of that merchandise from Mexico, as required by section 734(c)(1) of the Act. We have also determined that the amended AD Suspension Agreement is in the public interest and can be monitored effectively, as required under section 734(d) of the Act.

    For the reasons outlined above, we find that the amended AD Suspension Agreement meets the criteria of section 734(c) and (d) of the Act.

    The terms and conditions of the amendment to this AD Suspension Agreement, signed on June 30, 2017, are set forth in the Amendment to the AD Suspension Agreement, which is attached in Annex 1 to this notice.

    Administrative Protective Order Access

    The administrative protective order (APO) the Department granted in the suspension agreement segment of this proceeding remains in place and effective for the amended AD Suspension Agreement. All new parties requesting access to business proprietary information submitted during the administration of the amended AD Suspension Agreement, under the APO currently in effect, must submit an APO application in accordance with the Department's regulations currently in effect.11

    11See section 777(c)(1) of the Act; 19 CFR 351.103, 351.304, 351.305, and 351.306.

    We are issuing and publishing this notice in accordance with section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).

    Dated: June 30, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Annex 1: Amendment to Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico

    The Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (Agreement) signed by the United States Department of Commerce (the Department) and the signatory producers and exporters of Sugar from Mexico (the Signatories) on December 19, 2014, is amended, as set forth below (Amendment).

    If a provision of the Agreement conflicts with a provision of this Amendment, the provision of the Amendment shall supersede the provision of the Agreement to the extent of the conflict. All other provisions of the Agreement and their applicability continue with full force.

    The Department and the Signatories hereby agree as follows:

    Section II (“Definitions”) is amended as follows:

    Section II.C is replaced with:

    “Effective Date of the Agreement” means the date on which the Department and the Signatories signed the Agreement. Additionally, the “Effective Date of the Amendment” means the date on which the Department issues its next calculation pursuant to Section V.B of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (CVD Agreement) and, as such, means that the Amendment applies to all contracts for Sugar from Mexico for the for the October 1, 2017 through September 30, 2018 Export Limit Period (as defined in the CVD Agreement), and to all contracts for Sugar from Mexico (regardless of Export Limit Period) exported from Mexico on or after October 1, 2017.

    Section II.F is replaced with:

    “Other Sugar” means

    a. Sugar at a polarity of less than 99.2, as produced and measured on a dry basis;

    b. Where such Sugar is Additional U.S. Needs Sugar, as defined in Section II.O, Sugar at a polarity of less than 99.5, as produced and measured on a dry basis; and,

    c. In the event that Section V.B.4.d of the CVD Agreement is exercised, Sugar at a polarity specified by USDA that is below 99.5, as produced and measured on a dry basis.

    Such Other Sugar must be exported to the United States loaded in bulk and freely flowing (i.e., not in a container, tote, bag or otherwise packaged) into the hold(s) of an ocean-going vessel. To be considered as Other Sugar, if Sugar leaves the Mexican mill in a container, tote, bag or other package (i.e., is not freely flowing), it must be emptied from the container, tote, bag or other package into the hold of the ocean-going vessel for exportation. All other exports of Sugar from Mexico that are not transported in bulk and freely flowing in the hold(s) of an ocean-going vessel will be considered to be Refined Sugar for purposes of the Reference Prices, regardless of the polarity of that Sugar.

    Section II.H is replaced with:

    “Refined Sugar” means

    a. Sugar at a polarity of 99.2 and above, as produced and measured on a dry basis;

    b. Sugar considered to be Refined Sugar under Section II.F;

    c. Where such Sugar is Additional U.S. Needs Sugar as defined in Section II.U, Sugar at a polarity of 99.5 and above, as produced and measured on a dry basis; and

    d. In the event that Section V.B.4.d of the CVD Agreement is exercised, Sugar at a polarity specified by USDA that is 99.5 or above, as produced and measured on a dry basis.

    New Section II.N is added as follows:

    “Intermediary Customer” means trader, processor, or other reseller located outside of the United States who sells Sugar to an unaffiliated customer in the United States.

    New Section II.O is added as follows:

    “Additional U.S. Needs Sugar” means the quantity of Sugar allowed to be exported, over and above the Export Limit calculated under Section V.B.3 of the amended CVD Agreement, to fill a need identified by USDA in the U.S. market for a particular type and quantity of Sugar, and offered to Mexico pursuant to Section V.B.4.c of the amended CVD Agreement.

    Section VII (“Monitoring of the Agreement”) is amended as follows:

    Section VII.B (“Compliance Monitoring”) is amended as follows:

    Section VII.B.4—an additional sentence as follows is added to the end of paragraph 4:

    The Department may verify polarity testing practices at any Mexican mill and request supporting documentation for polarity test results.

    Section VII.C (“Shipping and Other Arrangements”) is amended as follows:

    Section VII.C.4 is replaced with the following, with the sentence in italics being added to the language:

    4. Not later than 30 days after the end of each quarter, each Signatory will submit a written statement to the Department certifying that all sales during the most recently completed quarter were at net prices, after rebates, discounts, or other adjustments, at or above the Reference Prices in effect and were not part of or related to any act or practice which would have the effect of hiding the real price of the Sugar being sold. Further, each Signatory will certify in this same statement that all sales made during the relevant quarter were not part of or related to any bundling arrangement, discounts/free goods/financing package, swap or other exchange where such arrangement is designed to circumvent the basis of the Agreement. As part of the certification, each Signatory will submit a listing of the total quantity of Other Sugar and Refined Sugar that was exported during each quarter.

    Each Signatory that did not export Sugar to the United States during any given quarter will submit a written statement to the Department certifying that it made no sales to the United States during the most recently completed quarter. Each Signatory agrees to permit full verification of its certification as the Department deems necessary. Failure to provide a quarterly certification may be considered a violation of the Agreement.

    Section VII.C.5 is added as follows:

    5. For each sale made by a Signatory to an Intermediary Customer, the Signatory shall incorporate into its sales contract with the Intermediary Customer the obligation that such customers will abide by the terms of the Agreement, including selling the Sugar from Mexico to the first downstream unaffiliated U.S. customer in accordance with the terms of the Agreement. Further, for each sale made by a Signatory to an Intermediary Customer, the Signatory shall incorporate into its sales contract with the Intermediary Customer a provision requiring the Intermediary Customer to provide the Department with all sales and other related information the Department requests.

    Further, Signatories and Intermediary Customers must retain evidence in their files to document that these contractual obligations were implemented. The Department retains its authority to request the Signatory and/or Intermediary Customer to provide such documentation, and the Department may verify such documentation. Where a Signatory does not have access to the documentation but has obligated the Intermediary Customer to provide it to the Department, the Department will request the Intermediary Customer to provide the documentation. Failure by a Signatory and/or Intermediary Customer to provide requested documentation may be considered a violation under Section VIII of the Agreement.

    Section VII.C.6 is added as follows:

    6. Other Sugar may enter the Customs territory of the United States if the following conditions are met:

    Exporters of Other Sugar are required to ensure, through inclusion of obligations in their sales contracts or otherwise, that importers of record of such Other Sugar agree to ensure that Other Sugar is tested for polarity by a laboratory approved by U.S. Customs and Border Protection (CBP) upon entry into the United States, with samples drawn in accordance with CBP standards, and that the importers of record agree to report the polarity test results for each entry to the Department within 30 days of entry. Such polarity test reports must be filed on the official records of the Department for both this Agreement and the CVD Agreement. For clarity, sampling will be done in accordance with CBP standards (e.g., CBP Directive No. 3820-001B), or its successor directive as agreed by the Department and the Signatories, including the CBP requirement that the polarity level of an entry will be the average of the samples from that entry.

    The Department will request that CBP inform the importing public of the requirements for importation of Other Sugar set forth in this sub-section.

    Section VII.C.7 is added as follows:

    7. Penalties for Non-Compliance with Section VII.C.6.a:

    a. Where the Department finds that exporters and importers of record of Other Sugar are not complying with Section VII.C.6.a, the Department may consider this a violation under Section VIII.D of the Agreement.

    b. If the Department finds that issues with meeting the polarity requirements of the Agreement as required by Sections II.F, II.H, VII.C.6 and Appendix I continue to arise, the Department can at any time terminate the Agreement under Section X.B. Apart from termination, the Department may take additional steps to ensure compliance with the terms of this Agreement, including action under Section VIII.B.4 of the CVD Agreement.

    Section VIII (“Violations of the Agreement”) is amended as follows:

    Section VIII.D is amended by adding new paragraphs 3 and 4, and moving paragraph 3 to paragraph 5:

    D.3 Failure by Signatories and Intermediary Customers to provide the required documentation specified in Section VII.C.5. D.4 Failure by Signatories and importers of record to comply with the requirements under Section VII.C.6.

    Appendix I is amended as follows:

    At Appendix I, the following will be changed:

    The FOB plant Reference Price for Refined Sugar is $0.2800 per pound commercial value (whether freely flowing or in totes weighing one (1) MT or greater as the sugar leaves the mill), as produced and measured on a dry basis.

    The FOB plant Reference Price for Other Sugar is $0.2300 per pound commercial value (whether freely flowing or in totes weighing one (1) MT or greater as the sugar leaves the mill), as produced and measured on a dry basis.

    In addition, the following clause will be added to Appendix I when referencing the Reference Prices.

    Mexican Signatory producers/exporters must ensure that the delivered sales price for all Sugar from Mexico exported to the United States must include all expenses, e.g., transportation, de-bagging, warehousing, handling, and packaging charges, in excess of the FOB plant Reference Price. As specified in Sections VII.B.1 and VII.B.2 of the Agreement, the Department has the authority to request sales information, and to verify such information, which demonstrates compliance with the Reference Prices and terms of the Agreement.

    Signed in Washington, DC, on June 30, 2017.

    For the U.S. Department of Commerce:

    Wilbur L. Ross, Jr., Secretary of Commerce, U.S. Department of Commerce

    The following party hereby certifies that the members of the Mexican sugar industry agree to abide by all terms of the Amendment to the Agreement:

    Juan Cortina Gallardo For Mexican Sugar Industry.
    [FR Doc. 2017-14282 Filed 7-10-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Evaluation of State Coastal Management Programs and National Estuarine Research Reserves AGENCY:

    Office for Coastal Management (OCM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

    ACTION:

    Notice.

    SUMMARY:

    The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold three public meetings to solicit comments on the performance evaluation of the U.S. Virgin Islands Coastal Management Program. Notice is also hereby given of the availability of the final evaluation findings for the Oregon and Alabama Coastal Management Programs and Tijuana River National Estuarine Research Reserve.

    DATES:

    U.S. Virgin Islands Coastal Management Program Evaluation: The public meetings will be held on August 29, August 30, and August 31, 2017, and written comments must be received on or before September 8, 2017.

    For specific dates, times, and locations of the public meetings, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    You may submit comments on the coastal program or reserve NOAA intends to evaluate by any of the following methods:

    Public Meeting and Oral Comments: Public meetings will be held on St. Thomas, St. Croix, and St. John. For the specific location, see SUPPLEMENTARY INFORMATION.

    Written Comments: Please direct written comments to Susie Holst, Evaluator, NOAA Office for Coastal Management, 35 Colovos Road, University of New Hampshire, Gregg Hall, Room 142, Durham, New Hampshire 03824, or email comments [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Susie Holst, Evaluator, NOAA Office for Coastal Management, 35 Colovos Road, University of New Hampshire, Gregg Hall, Room 142, Durham, New Hampshire 03824, (603) 862-1205 or [email protected] Copies of the previous evaluation findings may be viewed and downloaded on the Internet at http://coast.noaa.gov/czm/evaluations. A copy of the evaluation notification letter and most recent progress report may be obtained upon request by contacting the person identified under FOR FURTHER INFORMATION CONTACT.

    SUPPLEMENTARY INFORMATION:

    Section 312 of the Coastal Zone Management Act (CZMA) requires NOAA to conduct periodic evaluations of federally approved state and territorial coastal programs. The process includes one or more public meetings, consideration of written public comments and consultations with interested Federal, state, and local agencies and members of the public. During the evaluation, NOAA will consider the extent to which the state has met the national objectives, adhered to the management program approved by the Secretary of Commerce, and adhered to the terms of financial assistance under the CZMA. When the evaluation is completed, NOAA's Office for Coastal Management will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings.

    Specific information on the periodic evaluation of the state and territorial coastal program that is the subject of this notice is detailed below as follows:

    U.S. Virgin Islands Coastal Management Program Evaluation

    You may participate or submit oral comments at the public meeting scheduled as follows:

    Date: August 29, 2017.

    Time: 6:00 p.m., local time.

    Location: Cyril E. King Airport Terminal Building, Second Floor, Department of Planning and Natural Resources Conference Room, 8100 Lindberg Bay, St. Thomas.

    Date: August 30, 2017.

    Time: 6:00 p.m., local time.

    Location: St. Croix Curriculum Center, 3 Vicorps Land, Kingshill, St. Croix.

    Date: August 31, 2017.

    Time: 6:00 p.m., local time.

    Location: St. John Legislature Conference Room, 18-15 Estate Enighed, Cruz Bay, St. John.

    Written public comments must be received on or before September 8, 2017.

    Availability of Final Evaluation Findings of Other State and Territorial Coastal Programs

    The NOAA Office for Coastal Management has completed review of the Coastal Zone Management Program evaluations for the states of Oregon and Alabama. Both states were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards.

    The NOAA Office for Coastal Management has completed review of the National Estuarine Research Reserve evaluation for the Tijuana River reserve and the reserve was found to be adhering to programmatic requirements of the National Estuarine Research Reserve System. Copies of the final evaluation findings may be downloaded at http://coast.noaa.gov/czm/evaluations/evaluation_findings/index.html or by submitting a written request to the person identified under FOR FURTHER INFORMATION CONTACT.

    Federal Domestic Assistance Catalog 11.419, Coastal Zone Management Program Administration. Dated: June 29, 2017. Paul M. Scholz, Deputy Director, Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration.
    [FR Doc. 2017-14488 Filed 7-10-17; 8:45 am] BILLING CODE 3510-08-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF485 Endangered Species; File No. 21111 AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice; receipt of application.

    SUMMARY:

    Notice is hereby given that National Marine Fisheries Service (NMFS), Southwest Fisheries Science Center (SWFSC), 8901 La Jolla Shores Drive, La Jolla, CA 92037, [Responsible Party: Lisa Ballance, Ph.D.], has applied in due form for a permit to take leatherback sea turtles (Dermochelys coriacea) for purposes of scientific research.

    DATES:

    Written, telefaxed, or email comments must be received on or before August 10, 2017.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 21111 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Amy Hapeman or Erin Markin, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

    The SWFSC proposes to continue long-term monitoring of leatherback sea turtles off the coasts of California, Oregon, and Washington. The purpose of the work is to determine abundance, distribution, size ranges, sex ratio, health status, diving behavior, local movements, habitat use, potential fishery impacts, and migratory routes for leatherbacks. Up to 70 sea turtles would be located annually through aerial surveys and subsequently approached from a research vessel or captured by hoop net. Upon approach or capture, researchers would examine, collect morphometric data and biological samples, and attach up to two transmitters to turtles before release. The permit would be valid for up to 10 years from the date of issuance.

    Dated: July 6, 2017. Catherine Marzin, Acting Deputy Office Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-14504 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF527 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold a meeting of Wreckfish Individual Transferable Quota (ITQ) shareholders in Daytona Beach, FL.

    DATES:

    The meeting will be held on Wednesday, August 2, 2017, from 9 a.m. to 4 p.m.

    ADDRESSES:

    Meeting address: The meeting will be held at the Daytona Beach Resort and Conference Center, 2700 North Atlantic Avenue, Daytona Beach, FL 32118; Hotel phone: (386) 672-3770, fax: (386) 944-2090.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Brian Cheuvront, Deputy Executive Director for Management, SAFMC; phone: (843) 302-8442; fax: (843) 744-4472.

    SUPPLEMENTARY INFORMATION:

    The items of discussion by shareholders are as follows:

    1. Overview of the mandatory review of the catch share program

    2. Timing of the program review

    3. Input from shareholders on their views of the current state of the catch share program.

    4. Input from shareholders on changes they would like to see in the program.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14409 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF526 Fisheries of the Exclusive Economic Zone off Alaska; Stock Assessment of Eastern Bering Sea Tanner Crab; Center for Independent Experts Peer Review Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    NMFS has requested the Center for Independent Experts (CIE) to conduct a peer review of the agency's stock assessment of eastern Bering Sea Tanner crab (Chionoecetes bairdi). The CIE is a group affiliated with the University of Miami that provides independent peer reviews of NMFS science nationwide, including reviews of stock assessments for fish, shellfish and marine mammals. The eastern Bering Sea Tanner crab stock assessment is reviewed annually by the Alaska Fisheries Science Center, the North Pacific Fishery Management Council (NPFMC) Crab Plan Team, and the NPFMC Scientific and Statistical Committee. The CIE review will examine whether the assessment incorporates the best scientific information available for making management decisions and provides a reasonable approach to understanding the population dynamics and stock status of eastern Bering Sea Tanner crab. The public is invited to attend and observe the presentations and discussions between the CIE panel and the NMFS scientists who collected and processed the data, and designed the underlying model.

    DATES:

    The public meeting will be held from July 31 through August 3, 2017, 9 a.m. to 5 p.m. Pacific Daylight Time.

    ADDRESSES:

    The review will be held at the Alaska Fisheries Science Center, 7600 Sand Point Way NE., Seattle, WA 98115-6349. Visitors will need to provide proper ID and sign in at the front desk.

    FOR FURTHER INFORMATION CONTACT:

    William Stockhausen, 206-526-4241.

    SUPPLEMENTARY INFORMATION:

    The CIE panel will consist of three peer reviewers who will assess materials related to the topic, participate in a review workshop with the NMFS scientists who developed the model and the analytical approach, and produce a report. This review will be highly technical in nature and will cover mathematical details of the analytical approach. More information about the CIE is available on its Web site at www.ciereviews.org.

    Members of the public are invited to observe, and will be provided opportunities to contribute on July 31 through August 2, 2017. The final report will be available prior to the September NPFMC Plan Team meetings and will consist of individual reports from each panelist and a summary report. The results of the review will be presented during the September 2017 NPFMC Crab Plan Team meeting, which will be announced at a later time in the Federal Register.

    Special Accommodations

    These workshops will be physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Jennifer Ferdinand, 206-526-4076, at least 10 working days prior to the meeting date.

    Dated: July 5, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14442 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF524 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of public meeting of the South Atlantic Fishery Management Council's Executive Finance Committee.

    SUMMARY:

    The Executive Finance Committee will meet via webinar to discuss the Council Coordinating Committee (CCC) Working Paper, proposed legislation, the Fisheries Leadership and Sustainability Forum, and participation at Council meetings. Public comment will be accepted. See SUPPLEMENTARY INFORMATION.

    DATES:

    The Executive Finance Committee will meet from 9 a.m. to 5 p.m. on Wednesday, July 26, 2017.

    ADDRESSES:

    Meeting address: The Executive Finance Committee meeting will be held via webinar. The webinar is open to members of the public. Registration is required. Registration information is available from the Council's Web site at: http://safmc.net/safmc-meetings/council-meetings/.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405. www.safmc.net.

    FOR FURTHER INFORMATION CONTACT:

    Mike Collins, Administrative Assistant, South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The meeting will be held via webinar. The meeting agenda other materials will be posted on the Council's Web site at http://safmc.net/safmc-meetings/council-meetings/ as they become available. Public comment on agenda items will be accepted at the beginning of the meeting following approval of the minutes.

    The items of discussion are as follows:

    1. Review and provide draft language for the CCC Working Paper addressing key issues being considered as part of the Magnuson-Stevens Fishery Conservation and Management Act reauthorization process.

    2. Review and develop comments relative to H.R. 200—the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act and H.R. 2023—the Modernizing Recreational Fisheries Management Act of 2017 for Council consideration. The Committee will develop recommendations on other MSA-related bills if they become available prior to the meeting.

    3. Discuss the Fisheries Leadership and Sustainability Forum and current issues. Develop recommendations supporting the Forum for Council consideration.

    4. Review current participation of external organizations at Council meetings and provide recommendations for consideration by the Council.

    Although non-emergency issues not contained on this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 5 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C.1801 et seq.

    Dated: July 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14408 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF500-X Marine Mammals; File No. 21143 AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice; receipt of application.

    SUMMARY:

    Notice is hereby given that Dr. Jeremy Kiszka, Florida International University, 3000 NE 151st Street, Marine Science Building, Room 250D, North Miami, Florida 33181, has applied in due form for a permit to conduct research on bottlenose dolphins (Tursiops truncatus).

    DATES:

    Written, telefaxed, or email comments must be received on or before August 10, 2017.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 21143 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Smith or Carrie Hubard, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216).

    The applicant requests a five-year permit to take bottlenose dolphins for scientific research to evaluate the population structure and spatiotemporal variation in dolphin abundance, foraging ecology, and ecological roles within waters of the Everglades National Park. Up to 3,020 bottlenose dolphins from three stocks (Gulf of Mexico Bay, Sound & Estuarine; Gulf of Mexico Eastern Coastal; and Florida Bay) would be approached annually during vessel surveys for photography, photo-identification, video recording, and behavioral observation. Up to 59 of the above animals may be additionally be biopsy sampled during vessel surveys annually. Samples may be exported to collaborators for analysis.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Catherine Marzin, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-14465 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF512 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of SEDAR 50 Assessment Webinar 5.

    SUMMARY:

    The SEDAR 50 assessment of the Atlantic stock of Blueline Tilefish will consist of a series of workshops and webinars: Stock Identification (ID) Work Group Meeting; Data Workshop; Assessment Workshop and Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR 50 Assessment Webinar 5 will be held on Monday, July 31, 2017, from 9 a.m. to 1 p.m. The Review Workshop dates and times will publish in a subsequent issue in the Federal Register.

    ADDRESSES:

    The meetings will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julia Byrd at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; www.sedarweb.org.

    FOR FURTHER INFORMATION CONTACT:

    Julia Byrd, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a three-step process including: (1) Data Workshop; (2) Assessment Process utilizing a workshop and/or webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: Data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion at the Assessment webinar are as follows:

    Participants will discuss any remaining modeling issues from the Assessment Workshop and provide comments on the Assessment report.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 10 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-14407 Filed 7-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) Marine Protected Areas Federal Advisory Committee; Public Meetings AGENCY:

    Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

    ACTION:

    Notice of open meetings.

    SUMMARY:

    Notice is hereby given under the Federal Advisory Committee Act of two meetings via web conference call of the Marine Protected Areas Federal Advisory Committee (Committee). The web conference calls are open to the public; participants can dial in to the calls. Participants who choose to use the web conferencing feature in addition to the audio will be able to view the presentations as they are being given.

    DATES:

    Members of the public wishing to participate in the meeting should register at least one working day in advance of the meeting.

    The first meeting will be held Thursday, July 13, 2017 from 3:00 to 5:00 p.m. EDT. The second meeting will be held Wednesday, August 30, 2017 from 1:00 to 3:00 p.m. EDT. These times and the agenda topics described below are subject to change. Refer to the Web page listed below for the most up-to-date meeting agenda.

    ADDRESSES:

    The meetings will be held via web conference call. Register by contacting Nicole Capps at [email protected] or 831-647-6451 at least one working day in advance of the meeting.

    FOR FURTHER INFORMATION CONTACT:

    Lauren Wenzel, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway, Silver Spring, Maryland 20910. (Phone: 240-533-0652); email: [email protected]; or visit the National MPA Center Web site at http://www.marineprotectedareas.noaa.gov/fac/.)

    SUPPLEMENTARY INFORMATION:

    Section 4(c) of Executive Order 13158, on marine protected areas, authorized the formation of the Committee, and the Department of Commerce (DOC) established the Committee in accordance with this Executive Order. The Committee, which is composed of external, knowledgeable representatives of stakeholder groups, is charged with providing advice to the Secretaries of Commerce and the Interior on implementation of Section 4 of Executive Order 13158. NOAA issues this Notice of Public Meetings pursuant to Section 10 of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the FACA implementing regulations, 40 CFR 102-3.150.

    Matters to be considered: The focus of the July 13, 2017 meeting is a discussion of the Committee's work on MPA engaging a diverse public, citizen science and adaptive management. The Committee members will also discuss options for public and stakeholder input on MPA issues if the Committee is not reauthorized. The August 30, 2017 meeting will focus on finalizing and voting on Committee recommendations. The agendas are available on the MPA FAC Web site and are subject to change. The latest versions will be posted at http://www.marineprotectedareas.noaa.gov/fac/.

    Dated: June 21, 2017. John Armor, Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration.
    [FR Doc. 2017-14486 Filed 7-10-17; 8:45 am] BILLING CODE 3510-NK-P
    COMMISSION OF FINE ARTS Notice of Meeting

    The next meeting of the U.S. Commission of Fine Arts is scheduled for 20 July 2017, at 9:00 a.m. in the Commission offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street NW., Washington, DC 20001-2728. Items of discussion may include buildings, parks and memorials.

    Draft agendas and additional information regarding the Commission are available on our Web site: www.cfa.gov. Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address; by emailing [email protected]; or by calling 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.

    Dated: June 26, 2017, in Washington, DC. Thomas Luebke, Secretary.
    [FR Doc. 2017-13789 Filed 7-10-17; 8:45 am] BILLING CODE 6330-01-M
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2017-OS-0032] Proposed Amendments to the Manual for Courts-Martial, United States (2016 ed.) AGENCY:

    Joint Service Committee on Military Justice (JSC), Department of Defense.

    ACTION:

    Notice of availability and notice of public meeting.

    SUMMARY:

    The Department of Defense requests comments on proposed changes to the Manual for Courts-Martial, United States (2016 ed.) (MCM). The proposed changes include provisions implementing the Military Justice Act of 2016, Division E of the National Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 Stat. 2000 (2016), and concern the rules of procedure and evidence applicable in trials by court-martial, nonjudicial punishment proceedings, and the punitive articles of the Uniform Code of Military Justice. Also included is a proposed revision of Appendix 12A of the Manual for Courts-Martial concerning lesser included offenses. The approval authority for these changes is the President. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.01, “Preparing, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters, and Testimony,” June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency.

    The proposed changes also concern certain supplementary materials that accompany the rules of procedure, rules of evidence, and punitive articles. The Department of Defense, in conjunction with the Department of Homeland Security, publishes these supplementary materials to accompany the Manual for Courts-Martial. The supplementary materials included in this notice consist of Discussions (accompanying the Preamble, the Rules for Courts-Martial, the Military Rules of Evidence, and the Punitive Articles), Analyses, Appendix 2.1, and specific changes to Appendix 24. The approval authority for changes to the supplementary materials is the General Counsel, Department of Defense; changes to these items do not require Presidential approval.

    DATES:

    Comments on the proposed changes must be received no later than September 11, 2017. A public meeting for comments will be held on August 3, 2017, from 10 a.m. until noon, in the United States Court of Appeals for the Armed Forces building, 450 E Street, NW., Washington, DC 20442-0001. Commentators will be heard in order of arrival and check-in, and will be limited to five minutes.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name and docket ID for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Lieutenant Alexandra Nica, JAGC, USN, Executive Secretary, JSC, (202) 685-7058, [email protected]

    SUPPLEMENTARY INFORMATION:

    Due to the length of the proposed changes, they are being made available on the Internet rather than being printed in the Federal Register. The following items are available at http://www.regulations.gov, Docket ID: DOD-2017-OS-0032:

    1. A draft Executive Order.

    2. Annex 1 to the draft Executive Order, which includes changes to the Manual for Courts-Martial that would take effect on the date the Executive Order is signed by the President. Also included in Annex 1 are supplemental materials that the Department of Defense, in consultation with the Department of Homeland Security, is considering issuing if the proposed Executive Order is signed.

    3. Annex 2 to the draft Executive Order, which includes a complete reissuance of the Manual for Courts-Martial as revised by Annex 1. Annex 2 includes revisions to Parts I, II, III, IV, and V of the Manual for Courts-Martial, as well as an Appendix 12A concerning lesser included offenses. The complete reissuance of the Manual for Courts-Martial would take effect on a date designated by the President in the Executive Order. The draft Executive Order proposes an effective date of January 1, 2019. Annex 2 also includes supplementary materials, such as Discussions, Analyses, and an Appendix that the Department of Defense, in consultation with the Department of Homeland Security, is considering issuing if the proposed Executive Order is signed.

    The Department of Defense also requests comments on a proposal by a Federal Advisory Committee, the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (JPP). The JPP's June 2017 report suggested that Rule for Courts-Martial 1103A as proposed by Annex 1 and Rule for Courts-Martial 1113 as proposed by Annex 2 be further revised to include the following: “Prior to a decision to permit examination of material described in this subparagraph, notice and an opportunity to be heard shall be given to any person whose records are about to be examined and to appellate counsel.” The report making that recommendation is available at http://jpp.whs.mil/Public/docs/08-Panel_Reports/07_JPP_VictimsAppRights_Report_Final_20170602.pdf. The Department invites public comment on the JPP's proposal.

    The full text of the Uniform Code of Military Justice as amended by Military Justice Act of 2016 is available electronically at http://www.regulations.gov, Docket ID: DOD-2017-OS-0032.

    This notice is provided in accordance with DoD Directive 5500.17, “Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,” May 3, 2003.

    The JSC invites members of the public to comment on the proposed changes; such comments should address specific recommended changes and provide supporting rationale.

    This notice also sets forth the date, time, and location for a public meeting of the JSC to discuss the proposed changes.

    This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, its officers, or any person.

    Dated: July 5, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-14447 Filed 7-10-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2017-ICCD-0098] Agency Information Collection Activities; Comment Request; State Lead Agency Record Keeping and Reporting Requirements Under Part C of the Individuals With Disabilities Education Act (IDEA) AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before September 11, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0098. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 216-42, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Walawender, 202-245-7399.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: State Lead Agency Record Keeping and Reporting Requirements under Part C of the Individuals With Disabilities Education Act (IDEA).

    OMB Control Number: 1820-0682.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 56.

    Total Estimated Number of Annual Burden Hours: 4,268.

    Abstract: OMB Information Collection 1820-0682 was created to reflect the requirements in Part C of the IDEA in 20 U.S.C. 1431-1443 and the final Part C regulations. These regulations require the 56 State lead agencies (LAs) that receive Part C funds to collect and maintain information or data and, in some cases, report information or data to other public agencies or to the public. These recordkeeping requirements are not new and do not require reporting to the Secretary. This Information Collection was created to ensure that all Part C information responsibilities are documented and have been submitted for OMB review. The following table describes the information under Part C to be collected or maintained and identifies the legal requirement for each collection. These required listed collections are consolidated into 1820-0682.

    Dated: July 5, 2017. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-14444 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2017-ICCD-0100] Agency Information Collection Activities; Comment Request; Annual State Application Under Part B of the Individuals With Disabilities Education Act AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before September 11, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0100. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 216-42, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Walawender, 202-245-7399.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Annual State Application Under Part B of the Individuals with Disabilities Education Act.

    OMB Control Number: 1820-0030.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 60.

    Total Estimated Number of Annual Burden Hours: 2,340.

    Abstract: The Individuals with Disabilities Education Act, signed on December 3, 2004, became Public Law 108-446. In accordance with 20 U.S.C. 1412(a) a State is eligible for assistance under Part B for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the conditions found in 20 U.S.C. 1412. States will provide assurances that it either has or does not have in effect policies and procedures to meet the eligibility requirements of Part B of the Act as found in Public Law 108-446. Information Collection 1820-0030 corresponds with 34 CFR 300.100-176; 300.199; 300.640-645; and 300.705. These sections include the requirement that the Secretary and local educational agencies located in the State be notified of any State-imposed rule, regulation, or policy that is not required by this title and Federal regulations. In addition, Information Collection 1820-0300 is being revised to include the reporting requirement in 34 CFR 300.647(b)(7). This new reporting requirement is pursuant to significant disproportionality rules promulgated on December 19, 2016.

    Dated: July 5, 2017. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-14446 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2017-ICCD-0099] Agency Information Collection Activities; Comment Request; Annual State Application Under Part C of the Individuals With Disabilities Education Act as Amended in 2004 AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before September 11, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0099. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 216-42, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Walawender, 202-245-7399.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Annual State Application Under Part C of the Individuals With Disabilities Education Act as Amended in 2004.

    OMB Control Number: 1820-0550.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 56.

    Total Estimated Number of Annual Burden Hours: 560.

    Abstract: In order to be eligible for a grant under 20 U.S.C. 1433, a State must provide assurance to the Secretary that the State has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and has in effect a statewide system that meets the requirements of 20 U.S.C. 1435. Some policies, procedures, methods, and descriptions must be submitted to the Secretary.

    This collection is conducted in a manner that is consistent with the guidelines in 5 CFR 1320.5.

    Dated: July 5, 2017. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-14445 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2017-ICCD-0097] Agency Information Collection Activities; Comment Request; State and Local Educational Agency Record and Reporting Requirements Under Part B of the Individuals With Disabilities Education Act AGENCY:

    Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before September 11, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0097. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 216-42, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Rebecca Walawender, 202-245-7399.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: State and Local Educational Agency Record and Reporting Requirements Under Part B of the Individuals With Disabilities Education Act.

    OMB Control Number: 1820-0600.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 73,623.

    Total Estimated Number of Annual Burden Hours: 362,649.

    Abstract: OMB Information Collection 1820-0600 reflects the provisions in the Act and the Part B regulations requiring States and/or local educational agencies (LEAs) to collect and maintain information or data and, in some cases, report information or data to other public agencies or to the public. However, such information or data are not reported to the Secretary. Data are collected in the areas of private schools, parentally placed private school students, State high cost fund, notification of free and low cost legal services, early intervening services, notification of hearing officers and mediators, State complaint procedures, and the LEA application under Part B.

    Dated: July 5, 2017. Tomakie Washington, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-14443 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; American History and Civics Education—National Activities Grants AGENCY:

    Office of Innovation and Improvement, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Education is issuing a notice inviting applications for new awards for fiscal year (FY) 2017 for the American History and Civics Education—National Activities Grants Program, Catalog of Federal Domestic Assistance (CFDA) number 84.422B.

    DATES:

    Applications Available: July 11, 2017.

    Deadline for Notice of Intent to Apply: August 10, 2017.

    Date of Pre-Application Webinars: The Department of Education (Department) will host a pre-application webinar to provide technical assistance to interested applicants on July 18, 2017 at 2:30 p.m. eastern time. To join the webinar please go to the event address at https://educateevents.webex.com/educateevents/onstage/g.php?MTID=e0ff2dd5c36144d0f8e4ba71d69d03484.

    Deadline for Transmittal of Applications: August 21, 2017.

    Deadline for Intergovernmental Review: October 24, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Christine Miller, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W205, Washington, DC 20202-5960. Or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The American History and Civics Education—National Activities Grants Program promotes innovative instruction, learning strategies, and professional development in American history, civics and government, and geography, with an emphasis on activities and programs that benefit low-income students and underserved populations.

    Background: This competition provides funding to support the development, implementation, expansion, evaluation, and dissemination of evidence-based instructional approaches and professional development activities and programs in American history, civics and government, and geography in elementary and secondary schools. This competition includes an absolute priority for projects serving high-need students to help these students improve learning outcomes for these students. This competition includes an absolute priority for projects that show potential to improve student achievement in, and teaching of, these subjects, and that demonstrate innovation, scalability, accountability, and a focus on underserved populations. Additionally, we include a competitive preference priority for projects that leverage technology to support professional development and instructional practice, which may lead to increased student engagement and help accelerate learning.

    This competition also includes a requirement for applicants to propose project-specific performance measures and performance targets consistent with the objectives of the proposed project. Applications must provide information on these measures and targets under 34 CFR 75.110(b) and (c).

    Priorities: This notice contains one absolute priority and one competitive preference priority. In accordance with 34 CFR 75.105(b)(2)(iv), the absolute priority is from section 2233(b) of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESEA), 20 U.S.C. 6663. The competitive preference priority is from the notice of final supplemental priorities and definitions for discretionary grant programs published in the Federal Register on December 10, 2014 (79 FR 73425) (Supplemental Priorities).

    Absolute Priority: For FY 2017 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Absolute Priority 1—Innovative Instruction or Professional Development in American History, Civics and Government, and Geography.

    Under this priority, we provide funding to projects that are designed to develop, implement, expand, evaluate, and disseminate for voluntary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography. To meet this priority, a project must:

    (i) Show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; and

    (ii) Demonstrate innovation, scalability, accountability, and a focus on underserved populations.

    In addressing this priority, a project may include:

    (i) Hands-on civic engagement activities for teachers and students; and

    (ii) Programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.

    Competitive Preference Priorities: For FY 2017 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 10 points to an application that addresses this Competitive Preference Priority, depending on how well the application addresses this competitive preference priority.

    This priority is:

    Competitive Preference Priority 1— Leveraging Technology To Support Instructional Practice and Professional Development. (up to 10 points)

    Under this priority, we provide funding to projects that are designed to leverage technology through one or more of the following:

    (a) Using high-speed internet access and devices to increase students' and educators' access to high-quality accessible digital tools, assessments, and materials, particularly Open Educational Resources;

    (b) Implementing high-quality accessible digital tools, assessments, and materials that are aligned with rigorous college- and career-ready standards;

    (c) Implementing high-quality, accessible online courses, online learning communities, or online simulations, such as those for which educators could earn professional development credit or continuing education units through Digital Credentials based on demonstrated mastery of competencies and performance-based outcomes, instead of traditional time-based metrics; and

    (d) Using data platforms that enable the development, visualization, and rapid analysis of data to inform and improve learning outcomes, while also protecting privacy in accordance with applicable laws.

    Definitions: The following definitions apply to this competition. We are establishing the definitions for “demonstrates a rationale,” “evidence-based,” “experimental study,” “logic model,” “moderate evidence,” “project component,” “promising evidence,” “quasi-experimental design study,” “relevant outcome,” “strong evidence,” and “What Works Clearinghouse Handbook” for the FY 2017 grant competition only, in accordance with section 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). The definitions for “digital credentials” and “open education resources” are from the Supplemental Priorities. The definitions of “ambitious” and “baseline” are from 34 CFR part 77.

    Ambitious means promoting continued, meaningful improvement for program participants or for other individuals or entities affected by the grant, or representing a significant advancement in the field of education research, practices, or methodologies. When used to describe a performance target, whether a performance target is ambitious depends upon the context of the relevant performance measure and the baseline for that measure.

    Baseline means the starting point from which performance is measured and targets are set.

    Demonstrates a rationale means a key project component included in the project's logic model is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes.

    Evidence-based means the proposed project component is supported by one or more of strong evidence, moderate evidence, promising evidence, or evidence that demonstrates a rationale.

    Digital credentials means evidence of mastery of specific competencies or performance-based abilities, provided in digital rather than physical medium (such as through digital badges). These digital credentials may then be used to supplement or satisfy continuing education or professional development requirements.

    Experimental study means a study that is designed to compare outcomes between two groups of individuals (such as students) that are otherwise equivalent except for their assignment to either a treatment group receiving a project component or a control group that does not. Randomized controlled trials, regression discontinuity design studies, and single-case design studies are the specific types of experimental studies that, depending on their design and implementation (e.g., sample attrition in randomized controlled trials and regression discontinuity design studies), can meet What Works Clearinghouse (WWC) standards without reservations as described in the WWC Handbook (incorporated by reference, see 34 CFR 77.2):

    A. A randomized controlled trial employs random assignment of, for example, students, teachers, classrooms, or schools to receive the project component being evaluated (the treatment group) or not to receive the project component (the control group).

    B. A regression discontinuity design study assigns the project component being evaluated using a measured variable (e.g., assigning students reading below a cutoff score to tutoring or developmental education classes) and controls for that variable in the analysis of outcomes.

    C. A single-case design study uses observations of a single case (e.g., a student eligible for a behavioral intervention) over time in the absence and presence of a controlled treatment manipulation to determine whether the outcome is systematically related to the treatment.

    Logic model (also referred to as a theory of action) means a framework that identifies key project components of the proposed project (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the theoretical and operational relationships among the key project components and relevant outcomes.

    Moderate evidence means that there is evidence of effectiveness of a key project component in improving a relevant outcome for a sample that overlaps with the populations or settings proposed to receive that component, based on a relevant finding from one of the following:

    (a) A practice guide prepared by the WWC using version 2.1 or 3.0 of the WWC Handbook reporting a “strong evidence base” or “moderate evidence base” for the corresponding practice guide recommendation;

    (b) An intervention report prepared by the WWC using version 2.1 or 3.0 of the WWC Handbook reporting a “positive effect” or “potentially positive effect” on a relevant outcome based on a “medium to large” extent of evidence, with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or

    (c) A single experimental study or quasi-experimental design study reviewed and reported by the WWC using version 2.1 or 3.0 of the WWC Handbook, or otherwise assessed by the Department using version 3.0 of the WWC Handbook, as appropriate, and that—

    (i) Meets WWC standards with or without reservations;

    (ii) Includes at least one statistically significant and positive (i.e., favorable) effect on a relevant outcome;

    (iii) Includes no overriding statistically significant and negative effects on relevant outcomes reported in the study or in a corresponding WWC intervention report prepared under version 2.1 or 3.0 of the WWC Handbook; and

    (iv) Is based on a sample from more than one site (e.g., State, county, city, school district, or postsecondary campus) and includes at least 350 students or other individuals across sites. Multiple studies of the same project component that each meet requirements (i), (ii), and (iii) may together satisfy this requirement.

    Open educational resources means teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits their free use and repurposing by others.

    Project component means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components (e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers).

    Promising evidence means that there is evidence of the effectiveness of a key project component in improving a relevant outcome, based on a relevant finding from one of the following:

    (a) A practice guide prepared by WWC reporting a “strong evidence base” or “moderate evidence base” for the corresponding practice guide recommendation;

    (b) An intervention report prepared by the WWC reporting a “positive effect” or “potentially positive effect” on a relevant outcome with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or

    (c) A single study assessed by the Department, as appropriate, that—

    (i) Is an experimental study, a quasi-experimental design study, or a well-designed and well-implemented correlational study with statistical controls for selection bias (e.g., a study using regression methods to account for differences between a treatment group and a comparison group); and

    (ii) Includes at least one statistically significant and positive (i.e., favorable) effect on a relevant outcome.

    Quasi-experimental design study means a study using a design that attempts to approximate an experimental study by identifying a comparison group that is similar to the treatment group in important respects. This type of study, depending on design and implementation (e.g., establishment of baseline equivalence of the groups being compared), can meet WWC standards with reservations, but cannot meet WWC standards without reservations, as described in the WWC Handbook.

    Relevant outcome means the student outcome(s) or other outcome(s) the key project component is designed to improve, consistent with the specific goals of the program.

    Strong evidence means that there is evidence of the effectiveness of a key project component in improving a relevant outcome for a sample that overlaps with the populations and settings proposed to receive that component, based on a relevant finding from one of the following:

    (a) A practice guide prepared by the WWC using version 2.1 or 3.0 of the WWC Handbook reporting a “strong evidence base” for the corresponding practice guide recommendation;

    (b) An intervention report prepared by the WWC using version 2.1 or 3.0 of the WWC Handbook reporting a “positive effect” on a relevant outcome based on a “medium to large” extent of evidence, with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or

    (c) A single experimental study reviewed and reported by the WWC using version 2.1 or 3.0 of the WWC Handbook, or otherwise assessed by the Department using version 3.0 of the WWC Handbook, as appropriate, and that—

    (i) Meets WWC standards without reservations;

    (ii) Includes at least one statistically significant and positive (i.e., favorable) effect on a relevant outcome;

    (iii) Includes no overriding statistically significant and negative effects on relevant outcomes reported in the study or in a corresponding WWC intervention report prepared under version 2.1 or 3.0 of the WWC Handbook; and

    (iv) Is based on a sample from more than one site (e.g., State, county, city, school district, or postsecondary campus) and includes at least 350 students or other individuals across sites. Multiple studies of the same project component that each meet requirements (i), (ii), and (iii) may together satisfy this requirement.

    What Works Clearinghouse Handbook means the standards and procedures set forth in the WWC Procedures and Standards Handbook, Version 3.0, March 2014, or Version 2.1, September 2011, which can be found at the following link: http://ies.ed.gov/ncee/wwc/Handbooks (incorporated by reference, see 34 CFR 77.2). Study findings eligible for review under WWC standards can meet WWC standards without reservations, meet WWC standards with reservations, or not meet WWC standards. WWC practice guides and intervention reports include findings from systematic reviews of evidence as described in the Handbook documentation.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities, definitions, and other requirements. Section 437(d)(1) of GEPA, however, allows the Secretary to exempt from rulemaking requirements, regulations governing the first grant competition under a new or substantially revised program authority. This grant competition is the first for the American History and Civics National Activities program under 20 U.S.C. 6663 and therefore qualifies for this exemption. In order to ensure timely grant awards, the Secretary has decided to forgo public comment on the definitions under section 437(d)(1) of GEPA. These definitions will apply to the FY 2017 grant competition only.

    Program Authority: Section 2233 of the ESEA.

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. (d) The Secretary's Supplemental Priorities published in the Federal Register on December 10, 2014 (79 FR 73425).

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education only.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $1,700,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in subsequent years from the list of unfunded applications from this competition.

    Estimated Range of Awards: $200,000-$700,000 per year.

    Estimated Average Size of Awards: $500,000 per year.

    Estimated Number of Awards: 2-7.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to three years, with renewal of up two additional years if the grantee demonstrates to the Secretary that the grantee is effectively using funds.

    III. Eligibility Information

    1. Eligible Applicants: An institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching.

    Note:

    If multiple eligible entities wish to form a consortium and jointly submit a single application, they must follow the procedures for group applications described in 34 CFR 75.127 through 34 CFR 75.129.

    2. a. Cost Sharing or Matching: This program does not require any cost sharing or matching.

    b. Supplement-Not-Supplant: This program involves supplement-not-supplant funding requirements. In accordance with section 2301 of the ESEA, funds made available under this program must be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this program.

    IV. Application and Submission Information

    1. Address to Request Application Package: Christine Miller, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W205, Washington, DC 20202-5970. Telephone: (202) 260-7350 or by email: [email protected]

    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., Braille, large print, audiotape, or compact disc) by contacting the person listed under FOR FURTHER INFORMATION CONTACT.

    2. Content and Form of Application Submission: Requirements concerning the content and form of an application, together with the forms you must submit, are in the application package for this competition.

    The Department will be able to develop a more efficient process for reviewing grant applications if it has a better understanding of the number of entities that intend to apply for funding under this competition. Therefore, the Secretary strongly encourages each potential applicant to notify the Department by sending a short email message indicating the applicant's intent to submit an application for funding. The email need not include information regarding the content of the proposed application, only the applicant's intent to submit it. You should send this email notification to: [email protected] Applicants that do not provide this email notification may still apply for funding.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. We recommend that you (1) limit the application narrative to no more than 50 pages, and (2) use the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial.

    The recommended page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, the recommended page limit does apply to all of the application narrative.

    b. Submission of Proprietary Information: Given the types of projects that may be proposed in applications for the American History and Civics Education—National Activities Grants Program, your application may include business information that you consider proprietary. In 34 CFR 5.11 we define “business information” and describe the process we use in determining whether any of that information is proprietary and, thus, protected from disclosure under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as amended).

    Because we plan to post the project narrative section of funded American History and Civics Education—National Activities Grants Program applications on our Web site, you may wish to request confidentiality of business information.

    Consistent with Executive Order 12600, please designate in your application any information that you feel is exempt from disclosure under Exemption 4. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Submission Dates and Times:

    Applications Available: July 11, 2017.

    Deadline for Notice of Intent to Apply: August 10, 2017.

    Date of Pre-Application Webinars: July 18, 2017.

    Deadline for Transmittal of Applications: August 21, 2017.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. Deadline for Intergovernmental Review: October 24, 2017.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program.

    5. Funding Restrictions: We specify unallowable costs in 2 CFR 200, subpart E. We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements:

    Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications. Applications for grants under the American History and Civics Education—National Activities Grants Program, CFDA number 84.422B, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the American History and Civics Education—National Activities Grants Program at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.422, not 84.422B).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, flattened Portable Document Format (PDF), meaning any fillable PDF documents must be saved as flattened non-fillable files. Therefore, do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, flattened PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the application narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF. There is no need to password protect a file in order to meet the requirement to submit a read-only flattened PDF. And, as noted above, the Department will not review password-protected files.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Christine Miller, U.S. Department of Education, 400 Maryland Avenue SW., Room 4W205, Washington, DC 20202-5960. FAX: (202) 205-5630.

    Your paper application must be submitted in accordance with the mail or hand-delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.422B), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.422B), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 75.210. An applicant may earn up to a total of 100 points based on the selection criteria. The maximum score for addressing each criterion is indicated in parentheses.

    A. Quality of the Project Design. (35 points) The Secretary considers the quality of the design of the proposed project. In determining the quality of the design of the proposed project, the Secretary considers the following factors—

    (i) The extent to which the proposed project represents an exceptional approach to the priority or priorities established for the competition.

    (ii) The extent to which the services to be provided by the proposed project involve the collaboration of appropriate partners for maximizing the effectiveness of project services.

    (iii) The extent to which the design of the proposed project reflects up-to-date knowledge from research and effective practice.

    B. Significance. (20 points) The Secretary considers the significance of the proposed project. In determining the significance of the proposed project, the Secretary considers the following factors:

    (i) The extent to which the proposed project is likely to build local capacity to provide, improve, or expand services that address the needs of the target population.

    (ii) The importance or magnitude of the results or outcomes likely to be attained by the proposed project, especially improvements in teaching and student achievement.

    (iii) The extent to which the results of the proposed project are to be disseminated in ways that will enable others to use the information or strategies.

    C. Quality of the Management Plan. (20 points) The Secretary considers the quality of the management plan for the proposed project. In determining the quality of the management plan for the proposed project, the Secretary considers the following factors:

    (i) The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks.

    (ii) The extent to which the time commitments of the project director and principal investigator and other key project personnel are appropriate and adequate to meet the objectives of the proposed project.

    D. Quality of the Project Evaluation. (25 points) The Secretary considers the quality of the evaluation to be conducted of the proposed project. In determining the quality of the evaluation, the Secretary considers the following factors:

    (i) The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible.

    (ii) The extent to which the methods of evaluation will provide performance feedback and permit periodic assessment of progress toward achieving intended outcomes.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    4. Integrity and Performance System: If you are selected under this competition to receive an award that over the course of the project period may exceed the simplified acquisition threshold (currently $150,000) under 2 CFR 200.205(a)(2) we must make a judgment about your integrity, business ethics, and record of performance under Federal awards—that is, the risk posed by you as an applicant—before we make an award. In doing so, we must consider any information about you that is in the integrity and performance system (currently referred to as the Federal Awardee Performance and Integrity Information System (FAPIIS)), accessible through SAM. You may review and comment on any information about yourself that a Federal agency previously entered and that is currently in FAPIIS.

    Please note that, if the total value of your currently active grants, cooperative agreements, and procurement contracts from the Federal Government exceeds $10,000,000, the reporting requirements in 2 CFR part 200, Appendix XII, require you to report certain integrity information to FAPIIS semiannually. Please review the requirements in 2 CFR part 200, Appendix XII, if this grant plus all the other Federal funds you receive exceed $10,000,000.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: (a) The Department has established the following Government Performance and Results Act of 1993 performance objective for the American History and Civics Education—National Activities Grants Program:

    Participants will demonstrate through pre- and post-assessments an increased understanding of American history, civics and government, and geography.

    We will track performance on this objective through the following measure:

    The average percentage gains on an assessment after participation in the grant activities.

    We advise an applicant for a grant under this program to give careful consideration to this measure in conceptualizing the approach and evaluation of its proposed project. Each grantee will be required to provide, in its annual and final performance reports, data about its performance with respect to this measure.

    (b) Project-Specific Performance Measures. Applicants must propose project-specific performance measures and performance targets consistent with the objectives of the proposed project. Applications must provide the following information as directed under 34 CFR 75.110(b) and (c):

    (1) Performance measures. How each proposed performance measure would accurately measure the performance of the project and how the proposed performance measure would be consistent with the performance measures established for the program funding the competition.

    (2) Baseline data. (i) Why each proposed baseline is valid; or (ii) if the applicant has determined that there are no established baseline data for a particular performance measure, an explanation of why there is no established baseline and of how and when, during the project period, the applicant would establish a valid baseline for the performance measure.

    (3) Performance targets. Why each proposed performance target is ambitious yet achievable compared to the baseline for the performance measure and when, during the project period, the applicant would meet the performance target(s).

    (4) Data collection and reporting. (i) The data collection and reporting methods the applicant would use and why those methods are likely to yield reliable, valid, and meaningful performance data; and (ii) the applicant's capacity to collect and report reliable, valid, and meaningful performance data, as evidenced by high-quality data collection, analysis, and reporting in other projects or research.

    All grantees must submit an annual performance report with information that is responsive to these performance measures.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., Braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: July 6, 2017. Margo Anderson, Acting Assistant Deputy Secretary for Innovation and Improvement.
    [FR Doc. 2017-14511 Filed 7-10-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-135-000.

    Applicants: Shell Energy North America (US), L.P., MP2 Energy LLC, MP2 Energy NE LLC.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities under Section 203 of the Federal Power Act and Request for Expedited Action of Shell Energy North America (US), L.P., et al.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5429.

    Comments Due: 5 p.m. ET 7/21/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1511-007; ER10-2231-006; ER10-1714-009.

    Applicants: Louisville Gas and Electric Company, Kentucky Utilities Company, LG&E Energy Marketing, Inc.

    Description: Triennial Market Power Update of the PPL Southeast Companies.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5413.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-2498-004.

    Applicants: South Carolina Electric & Gas Company.

    Description: Updated Market Power Analysis for the Southeast Region of South Carolina Electric & Gas Company.

    Filed Date: 6/27/17.

    Accession Number: 20170703-0001.

    Comments Due: 5 p.m. ET 8/28/17.

    Docket Numbers: ER15-794-005.

    Applicants: Catalyst Paper Operations, Inc.

    Description: Triennial Market Power Analysis for the Northeast Region of Catalyst Paper Operations, Inc.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5357.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER17-1723-000.

    Applicants: Green Power Solutions of Georgia, LLC.

    Description: Report Filing: Supplement to Petition of Green Power Solutions of Georgia LLC to be effective N/A.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5313.

    Comments Due: 5 p.m. ET 7/21/17.

    Docket Numbers: ER17-1757-000.

    Applicants: Entergy New Orleans, LLC.

    Description: Supplement to June 5, 2017 Entergy New Orleans, LLC tariff filing.

    Filed Date: 6/29/17.

    Accession Number: 20170629-5255.

    Comments Due: 5 p.m. ET 7/20/17.

    Docket Numbers: ER17-1830-000.

    Applicants: CXA Sundevil Holdco, Inc.

    Description: Report Filing: Supplement to Petition of CXA Sundevil Holdco, Inc to be effective N/A.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5354.

    Comments Due: 5 p.m. ET 7/21/17.

    Docket Numbers: ER17-2043-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 3330 City of Nixa, Missouri to be effective 6/1/2017.

    Filed Date: 7/3/17.

    Accession Number: 20170703-5188.

    Comments Due: 5 p.m. ET 7/24/17.

    Docket Numbers: ER17-2044-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 3215R2 People's Electric Cooperative NITSA NOA to be effective 6/1/2017.

    Filed Date: 7/3/17.

    Accession Number: 20170703-5189.

    Comments Due: 5 p.m. ET 7/24/17.

    Take notice that the Commission received the following public utility holding company filings:

    Docket Numbers: PH17-17-000.

    Applicants: LS Power Development, LLC.

    Description: FERC-65B Waiver—Notice of Non-Material Change in Fact.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5431.

    Comments Due: 5 p.m. ET 7/21/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14481 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-2008-000] Pure Energy USA, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Pure Energy USA, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 25, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14477 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-1937-000] Robinson Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Robinson Energy, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 25, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected]. or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14476 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NP17-23-000] North American Electric Reliability Corporation; Notice of Filing Taking Effect by Operation of Law

    On May 31, 2017, pursuant to section 215 of the Federal Power Act (FPA),1 the North American Electric Reliability Corporation (NERC) filed with the Commission, in Docket No. NP17-23-000, a Spreadsheet Notice of Penalty.

    1 16 U.S.C. 824o (2012).

    Pursuant to section 215 of the FPA, in the absence of Commission action on or before June 30, 2017 NERC's filing became effective on July 3, 2017 by operation of law.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14479 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.: 14568-003] CB Energy Park, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    b. Project No.: 14568-003.

    c. Date Filed: May 31, 2017.

    d. Submitted By: CB Energy Park, LLC.

    e. Name of Project: Coffin Butte Pumped Storage Project.

    f. Location: Near Two Dot in Wheatland and Meagher Counties, Montana. No federal lands are occupied by the project works or located within the project boundary.

    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    h. Potential Applicant Contact: Carl Borgquist, CB Energy Park, LLC, 209 South Wilson Avenue, P.O. Box 309, Bozeman, MT 59771, phone: (406) 585-3006.

    i. FERC Contact: Ryan Hansen at (202) 502-8074; or email at [email protected]

    j. CB Energy Park, LLC filed its request to use the Traditional Licensing Process on May 31, 2017. CB Energy Park, LLC provided public notice of its request on June 9, 2017. In a letter dated July 5, 2017, the Director of the Division of Hydropower Licensing approved CB Energy Park, LLC's request to use the Traditional Licensing Process.

    k. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR part 402. We are also initiating consultation with the Montana State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    l. With this notice, we are designating CB Energy Park, LLC as the Commission's non-federal representative for carrying out informal consultation pursuant to section 7 of the Endangered Species Act and consultation pursuant to section 106 of the National Historic Preservation Act.

    m. CB Energy Park, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.

    n. A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph h.

    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14480 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-2028-000] PE Berkeley, Inc.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of PE Berkeley, Inc.'s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 25, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14478 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1556-008.

    Applicants: Longview Power.

    Description: Updated Market Power Analysis for the Northeast Region of Longview Power, LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5461.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-2042-023; ER10-1862-017; ER10-1893-017; ER10-1934-017; ER10-1938-018; ER10-1942-015; ER10-2029-007; ER10-2036-006; ER10-2040-005; ER10-2041-005; ER10-2043-005; ER10-2044-005; ER10-2051-005; ER10-2985 021; ER10-3049-022; ER10-3051-022; ER11-4369-002; ER15-748-001; ER16-2218-002; ER17-696-003.

    Applicants: Calpine Energy Services, L.P., Calpine Bethlehem, LLC, Calpine Construction Finance Company, L.P, Calpine Energy Solutions, LLC, Calpine Mid-Atlantic Generation, LLC, Calpine Mid-Atlantic Marketing, LLC, Calpine Mid Merit, LLC, Calpine New Jersey Generation, LLC, Calpine PowerAmerica—CA, LLC, Calpine Vineland Solar, LLC, CES Marketing IX, LLC, CES Marketing X, LLC, Champion Energy Marketing LLC, Champion Energy, LLC, Garrison Energy Center LLC, North American Power and Gas, LLC, North American Power Business, LLC, Power Contract Financing, L.L.C., Zion Energy LLC, Champion Energy Services, LLC.

    Description: Notification of Change in Status of the Calpine PJM MBR Sellers.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5454.

    Comments Due: 5 p.m. ET 7/21/17.

    Docket Numbers: ER10-2131-017.

    Applicants: Grand Ridge Energy LLC.

    Description: Triennial Report of Grand Ridge Energy LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5451.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-2133-017.

    Applicants: Sheldon Energy LLC.

    Description: Triennial Report of Sheldon Energy LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5456.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-2137-017; ER14-2799-009.

    Applicants: Beech Ridge Energy LLC, Beech Ridge Energy Storage LLC.

    Description: Triennial Report of Beech Ridge Energy LLC, et al.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5448.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-2138-017; ER10-2139-017.

    Applicants: Grand Ridge Energy II LLC, Grand Ridge Energy III LLC.

    Description: Triennial Report of Grand Ridge Energy II LLC, et al.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5452.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER10-3099-018.

    Applicants: RC Cape May Holdings, LLC.

    Description: Triennial Market-Based Rate Update Filing for the Northeast Region of RC Cape May Holdings, LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5457.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER11-3460-010; ER10-1533-015; ER10-2374-014; ER12-1301-008; ER12-670-010; ER12-674-010.

    Applicants: Bayonne Energy Center, LLC, Macquarie Energy LLC, Rhode Island Engine Genco, LLC, Rhode Island LFG Genco, LLC, Zone J Tolling Co., LLC, Puget Sound, Energy, Inc.

    Description: Updated Market Power Analysis for the Northeast Region of Bayonne Energy Center, LLC, et al.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5463.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER11-3872-018.

    Applicants: Stony Creek Energy LLC.

    Description: Triennial Report of Stony Creek Energy LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5459.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER12-1436-012; ER10-2329-009; ER10-2740-011; ER10-2742-010; ER12-1260-011; ER13-1793-009; ER14-152-007.

    Applicants: Eagle Point Power Generation LLC, Elgin Energy Center, LLC, Hazle Spindle, LLC, Rocky Road Power, LLC, Stephentown Spindle, LLC, Tilton Energy LLC, Vineland Energy LLC.

    Description: Triennial Market-Based Rate Update Filing for the Northeast Region of the Rockland Sellers.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5464.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER13-343-008; ER13-342-012; ER16-700-001; ER16-701-001.

    Applicants: CPV Shore, LLC, CPV Maryland, LLC, CPV Towantic, LLC, CPV Valley, LLC.

    Description: Market Power Update of CPV Maryland, LLC, et al.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5465.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER14-2798-009.

    Applicants: Beech Ridge Energy II LLC.

    Description: Triennial Report of Beech Ridge Energy II LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5446.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER15-103-006.

    Applicants: Invenergy Nelson LLC.

    Description: Triennial Report of Invenergy Nelso LLC.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5455.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER15-1841-002; ER15-2742-002; ER16-2643-001.

    Applicants: Panda Stonewall LLC, Panda Patriot LLC, Panda Liberty LLC.

    Description: Updated Market Power Analysis for the Northeast Region of the Panda MBR Sellers.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5447.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER17-256-002; ER17-242-002; ER17-243-002; ER17-245-002; ER17-652-002.

    Applicants: Darby Power, LLC, Gavin Power, LLC, Lawrenceburg Power, LLC, Lightstone Marketing LLC, Waterford Power, LLC.

    Description: Updated Market Power Analysis of the Lightstone Northeast MBR Sellers.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5460.

    Comments Due: 5 p.m. ET 8/29/17.

    Docket Numbers: ER17-2046-000.

    Applicants: Sempra Gas & Power Marketing, LLC, San Diego Gas & Electric Company.

    Description: Joint Application of San Diego Gas & Electric Company, et al. for Approval of Affiliate Transaction Pursuant to Section 205 of the Federal Power Act.

    Filed Date: 6/30/17.

    Accession Number: 20170630-5449.

    Comments Due: 5 p.m. ET 7/21/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 5, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-14475 Filed 7-10-17; 8:45 am] BILLING CODE 6717-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-xxxx] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before August 10, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control No.: 3060-xxxx.

    Title: Section 97.303(g)(2), Notification Requirement.

    Form No.: N/A.

    Type of Review: New collection.

    Respondents: Individuals or households.

    Number of Respondents and Responses: 1,000 respondents and 1,000 responses.

    Estimated Time per Response: 10 minutes (0.167 hours).

    Frequency of Response: Third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained 47 U.S.C. 154(i), 161, 301, 302, 303(e), 303(f), 303(r), 304, 307 and 332(b).

    Total Annual Burden: 167 hours.

    Total Annual Cost: No cost.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: On March 29, 2017 the Federal Communications Commission released a Report and Order, Amendment of Parts 2, 15, 80, 90, 97, and 101 of the Commission's Rules Regarding Implementation of the Final Acts of the World Radiocommunication Conference (Geneva, 2012) (WRC-12), Other Allocation Issues, and Related Rule Updates, ET Docket No. 15-99, FCC 17-33, which inter alia, amends the Commission's rules for the Amateur Radio Service to provide for frequency sharing requirements in the 135.7-137.8 kHz (2200 meter) and 472-479 kHz (630 meter) bands. These rules will ensure the compatibility of amateur radio operations and Power Line Carrier (PLC) systems that operate in these bands, and will promote the shared use of these bands. As background, in the larger 9-490 kHz band, electric utilities operate PLC systems on power transmission lines for communications important to the reliability and security of electric service to the public. The Commission found that the identification of transmission lines are not always readily identifiable and that amateur operators may not be able to determine whether PLC systems operate in the relevant bands on the subject transmission lines. For these reasons, the Commission adopted a notification process to ensure that amateur stations seeking to operate in these bands are located outside of a minimum separation distance.

    Specifically, the information collection requirements contained in Section 97.303(g)(2) requires prior to commencement of operations in these bands, amateur operators must notify the Utilities Telecom Council (UTC) of their intent by submitting their call signs, intended band or bands of operation, and the coordinates of their antenna's fixed location.

    Amateur stations will be permitted to commence operations after a 30-day period unless UTC notifies the applicant that its requested location is located within one kilometer of PLC systems operating in the same or overlapping frequencies.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer.
    [FR Doc. 2017-14461 Filed 7-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0161 and 3060-0685] Information Collections Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before September 11, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email: [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the PRA, 44 U.S.C. 3501-3520, the FCC invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-0161.

    Title: Section 73.61, AM Directional Antenna Field Strength Measurements.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business and other for-profit entities.

    Number of Respondents and Responses: 2,268 respondents and 2,268 responses.

    Estimated Time per Response: 4-50 hours.

    Frequency of Response: Recordkeeping requirement.

    Total Annual Burden: 36,020 hours.

    Total Annual Cost: None.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Sections 154(i) and 303 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: 47 CFR 73.61 requires that each AM station using directional antennas to make field strength measurement as often as necessary to ensure proper directional antenna system operation. Stations not having approved sampling systems make field strength measurements every three months. Stations with approved sampling systems must take field strength measurements as often as necessary. Also, all AM stations using directional signals must take partial proofs of performance as often as necessary. The FCC staff used the data in field inspections/investigations. AM licensees with directional antennas use the data to ensure that adequate interference protection is maintained between stations and to ensure proper operation of antennas.

    OMB Control Number: 3060-0685.

    Title: Updating Maximum Permitted Rates for Regulated Services and Equipment, FCC Form 1210; Annual Updating of Maximum Permitted Rates for Regulated Cable Services, FCC Form 1240.

    Form Number: FCC Form 1210 and FCC Form 1240.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities; State, Local or Tribal Government.

    Number of Respondents and Responses: 3,400 respondents; 5,350 responses.

    Estimated Time per Response: 1 hour to 15 hours.

    Frequency of Response: Annual reporting requirement; Quarterly reporting requirement; Third party disclosure requirement.

    Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in 4(i) and 623 of Communications Act of 1934, as amended.

    Total Annual Burden: 44,800 hours.

    Total Annual Cost: $3,196,875.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: Cable operators use FCC Form 1210 to file for adjustments in maximum permitted rates for regulated services to reflect external costs. Regulated cable operators submit this form to local franchising authorities.

    FCC Form 1240 is filed by cable operators seeking to adjust maximum permitted rates for regulated cable services to reflect changes in external costs.

    Cable operators submit Form 1240 to their respective local franchising authorities (“LFAs”) to justify rates for the basic service tier and related equipment or with the Commission (in situations where the Commission has assumed jurisdiction).

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer.
    [FR Doc. 2017-14463 Filed 7-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-XXXX] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before September 11, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-XXXX.

    Title: Part 32 Uniform System of Accounts.

    Form Number: N/A.

    Type of Review: New collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents: 1,176 respondents; 2,458 responses.

    Estimated Time per Response: 20-40 hours.

    Frequency of Response: One-time, on occasion, and annual reporting requirements; recordkeeping requirements.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 10, 201, 219-220, 224, 254(k), 272(e)(3), and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 160, 201, 219-220, 224, 254(k), 272(e)(3), and 403.

    Total Annual Burden: 103,240 hours.

    Total Annual Cost: No cost.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: Respondents are not being asked to submit confidential information to the Commission. If the Commission requests respondents to submit information which respondents believe is confidential, respondents may request confidential treatment of such information under 47 CFR 0.459 of the Commission's rules.

    Needs and Uses: On February 24, 2017, the Commission released the Part 32 Order, WC Docket No. 14-130, CC Docket No. 80-286, FCC 17-15, which minimized the compliance burdens imposed by the Uniform System of Accounts (USOA) on price cap and rate-of-return telephone companies, while ensuring that the Commission retains access to the information it needs to fulfill its regulatory duties.

    The Commission consolidated Class A and Class B accounts by eliminating the current classification of carriers, which divides incumbent LECS into two classes for accounting purposes based on annual revenues. Carriers subject to Part 32's USOA will now only be required to keep Class B accounts.

    Pursuant to the Part 32 Order, price cap carriers may elect to use generally accepted accounting principles (GAAP) for all regulatory accounting purposes if they: (1) Establish an “Implementation Rate Difference” (IRD) which is the difference between pole attachment rates calculated under Part 32 and under GAAP as of the last full year preceding the carrier's initial opting out of Part 32 accounting requirements; and (2) adjust their annually-computed GAAP-based pole attachment rates by the IRD for a period of 12 years after the election. Alternatively, price cap carriers may elect to use GAAP accounting for all purposes other than those associated with pole attachment rates and continue to use the Part 32 accounts and procedures applicable to pole attachment rates for up to 12 years.

    A price cap carrier may be required to submit pole attachment accounting data to the Commission for three years following the effective date of the rule permitting a price cap carrier to elect GAAP accounting. If a pole attacher informs the Commission of a suspected problem with pole attachment rates, the Commission will require the price cap carrier to file its pole attachment data for the state in question. This requirement may be extended for an additional three years, if necessary.

    The Commission reduced the accounting requirements for telephone companies with a continuing obligation to comply with Part 32 in a number of areas. Telephone companies may: (1) Carry an asset at its purchase price when it was acquired, even if its value has increased or declined when it goes into regulated service; (2) reprice an asset at market value after a merger or acquisition consistent with GAAP; (3) use GAAP principles to determine Allowance-for-Funds-Used-During Construction; and (4) employ the GAAP standard of materiality. Rate-of-return carriers receiving cost-based support must determine materiality consistent with the general materiality guidelines promulgated by the Auditing Standards Board.

    Price cap carriers with a continuing Part 32 accounting obligation must maintain continuing property records necessary to track substantial assets and investments in an accurate, auditable manner. The carriers must make such property information available to the Commission upon request. Carriers subject to Part 32 must continue to comply with the USOA's depreciation procedures and its rules for cost of removal-and-salvage accounting.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2017-14459 Filed 7-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1142] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before September 11, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-1142.

    Title: Electronic Tariff Filing System (ETFS), WC Docket No. 10-141.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 1,307 respondents; 1,307 responses.

    Estimated Time per Response: 1 hour.

    Frequency of Response: On occasion and annual reporting requirements.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in Sections 1, 2, 4(i), 201-205 and 226(h)(1)(A) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 201-205 and 226(h)(1)(A).

    Total Annual Burden: 1,307 hours.

    Total Annual Cost: $1,208,975.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: The Commission does not anticipate providing confidentiality of the information submitted by local exchange carriers. In particular, the tariffs and related documents sent to the Commission will be made public through ETFS. If the respondents submit information they believe to be confidential, they may request confidential treatment of such information under 47 CFR 0.459 of the Commission's rules.

    Needs and Uses: Incumbent local exchange carriers (LECs) file their tariffs and associated documents electronically, using ETFS. ETFS has improved the usefulness of tariff filings for both filers and the public and made the tariff filing process more open, transparent, and efficient. On June 30, 2011, the Commission released a Report and Order, WC Docket No. 10-141, FCC 11-92, determining that the benefits of using ETFS for incumbent LEC tariff filings would also be obtained if all tariff filers filed electronically. Such action benefits the public and carriers by creating a central system providing on-line access to all carrier tariffs and related documents filed with the Commission. As such, competitive LECs (and other nondominant carriers) must now file tariffs and associated documents electronically.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2017-14460 Filed 7-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1045] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before September 11, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email: [email protected] and to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the PRA, 44 U.S.C. 3501-3520, the FCC invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-1045.

    Title: Section 76.1610, Change of Operational Information; FCC Form 324, Operator, Mail Address, and Operational Status Changes Operator, Mail Address, and Operational Information Changes, FCC Form 324.

    Form Number: FCC Form 324.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business and other for-profit entities; not-for-profit institutions.

    Number of Respondents and Responses: 5,000 respondents; 5,000 responses.

    Estimated Time per Response: 0.5 hours.

    Frequency of Response: On occasion reporting requirement.

    Total Annual Burden: 2,500 hours.

    Total Annual Costs: None.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 154(i), 303, 308, 309 and 621 of the Communications Act of 1934, as amended.

    Privacy Impact Assessment(s): No impact(s).

    Needs and Uses: Under 47 CFR 76.1610, cable operators must notify the Commission of changes in ownership information or operating status within 30 days of such change. FCC Form 324 is used to update information filed with the Commission concerning the Cable Community Registration. The information is the basic operational information on operator name, mailing address, community served, and system identification. FCC Form 324 will cover a variety of changes related to cable operators, replacing the requirement of a letter containing approximately the same information. Every Form 324 filing will require information about the system—the additional information required depending largely upon the nature of the change.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2017-14462 Filed 7-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination; 10187 Marco Community Bank, Marco Island, Florida

    The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10187 Marco Community Bank, Marco Island, Florida (Receiver) has been authorized to take all actions necessary to terminate the receivership estate of Marco Community Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective July 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: July 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-14452 Filed 7-10-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL MARITIME COMMISSION [Petition No. P1-17] Petition of Maersk Line A/S for an Exemption From 46 CFR 530.8; Notice of Filing and Request for Comments

    Notice is hereby given that Maersk Line A/S (“Petitioner”), has petitioned the Commission pursuant to 46 U.S.C. 40103 and 46 CFR 502.76 1 of the Commission's Rules of Practice and Procedure, for an exemption from 46 CFR 530.8, to permit Petitioner to “apply service contract rates contained in new service contracts and amendments to existing service contracts retroactively to shipments received on or after June 30, 2017, for a period of up to twenty (20) days.”

    1 On December 22, 2016, 46 CFR 502.76 was redesignated 46 CFR 502.94.

    Petitioner asserts that the “so-called Petya virus” severely impaired its information systems such that it “is not able to determine which service contracts and/or service contract rates are scheduled to expire at the end of June or in early July.” Because Petitioner is uncertain which customers to contact to “extend or renegotiate those contracts/rates,” it is requesting relief from service contract filing rules for 20 days. Petitioner states “[t]his time period should provide Maersk Line sufficient time to regain access to its service contract database and filing capabilities, to be able to identify expiring contracts/rates, and obtain agreements from shippers with regards to the disposition of their expiring contracts/rates.”

    In order for the Commission to make a thorough evaluation of the exemption requested in the Petition, pursuant to 46 CFR 502.92, interested parties are requested to submit views or arguments in reply to the Petition no later than July 14, 2017. Replies shall be sent to the Secretary by email to [email protected] or by mail to Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001, and replies shall be served on Dennis O'Brien, Regional Counsel, Maersk Transport and Logistics, by email to [email protected], or by mail to 9300 Arrowpoint Boulevard, Charlotte, North Carolina 28273.

    Non-confidential filings may be submitted in hard copy to the Secretary at the above address or by email as a PDF attachment to [email protected] Confidential filings should not be filed by email. A confidential filing must be filed with the Secretary in hard copy only, and be accompanied by a transmittal letter that identifies the filing as “Confidential-Restricted” and describes the nature and extent of the confidential treatment requested. The Commission will provide confidential treatment to the extent allowed by law for confidential submissions, or parts of submissions, for which confidentiality has been requested. When a confidential filing is submitted, there must also be submitted a public version of the fling. Such public filing version shall exclude confidential materials, and shall indicate on the cover page and on each affected page “Confidential materials excluded.” Public versions of confidential filings may be submitted by email.

    The Petition will be posted on the Commission's Web site at http://www.fmc.gov/P1-17. Replies filed in response to the Petition will also be posted on the Commission's Web site at this location.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2017-14437 Filed 7-10-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL MARITIME COMMISSION Agency Information Collection Activities: 60-Day Public Comment Request AGENCY:

    Federal Maritime Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, the Federal Maritime Commission (Commission) invites comments on the continuing information collections (extensions with no changes) listed below in this notice.

    DATES:

    Written comments must be submitted on or before September 11, 2017.

    ADDRESSES:

    Address all comments to: Karen V. Gregory, Managing Director, Office of the Managing Director, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573, Phone: (202) 523-5800, Email: [email protected]

    Please send separate comments for each specific information collection listed below. You must reference the information collection's title and OMB number in your comments.

    FOR FURTHER INFORMATION CONTACT:

    Copies of the information collections and instructions, or copies of any comments received, may be obtained by contacting Donna Lee on (202) 523-5800 or email at [email protected]

    SUPPLEMENTARY INFORMATION: Request for Comments

    The Commission, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing information collections listed in this notice, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Comments submitted in response to this notice will be included or summarized in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments are part of the public record and subject to disclosure. Please do not include any confidential or inappropriate material in your comments. We invite comments on: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Information Collections Open for Comment

    Title: 46 CFR part 525—Marine Terminal Operator Schedules and Related Form FMC-1.

    OMB Approval Number: 3072-0061 (Expires September 30, 2017).

    Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. 40501(f), provides that a marine terminal operator (MTO) may make available to the public a schedule of its rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. The Commission's rules governing MTO schedules are set forth at 46 CFR part 525.

    Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form FMC-1 to determine the organization name, organization number, home office address, name and telephone number of the firm's representatives and the location of MTO schedules of rates, regulations and practices, and publisher, should the MTOs determine to make their schedules available to the public, as set forth in section 8(f) of the Shipping Act.

    Frequency: This information is collected prior to an MTO's commencement of its marine terminal operations.

    Type of Respondents: Persons operating as MTOs.

    Number of Annual Respondents: The Commission estimates the respondent universe at 8, of which 5 opt to make their schedules available to the public.

    Estimated Time per Response: The time per response for completing Form FMC-1 averages 0.5 person hours, and approximately 5 person-hours for related MTO schedules.

    Total Annual Burden: The Commission estimates the total person-hour burden at 44 person-hours.

    Title: 46 CFR part 520—Carrier Automated Tariffs and Related Form FMC-1.

    OMB Approval Number: 3072-0064 (Expires September 30, 2017).

    Abstract: Except with respect to certain specified commodities, section 8(a) of the Shipping Act of 1984, 46 U.S.C. 40501(a)-(c), requires that each common carrier and conference shall keep open to public inspection, in an automated tariff system, tariffs showing its rates, charges, classifications, rules, and practices between all ports and points on its own route and on any through transportation route that has been established. In addition, individual carriers or agreements among carriers are required to make available in tariff format certain enumerated essential terms of their service contracts. 46 U.S.C. 40502. The Commission is responsible for reviewing the accessibility and accuracy of automated tariff systems, in accordance with its regulations set forth at 46 CFR part 520.

    Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form FMC-1 to ascertain the location of common carrier and conference tariff publications, and to access their provisions regarding rules, rates, charges and practices.

    Frequency: This information is collected when common carriers or conferences publish tariffs.

    Type of Respondents: Persons desiring to operate as common carriers or conferences.

    Number of Annual Respondents: The Commission estimates there are 5,365 Carrier Automated Tariffs. It is estimated that the number of annual respondents will be 1,436.

    Estimated Time per Response: The time per response ranges from 0.1 to 2 person-hours for reporting and recordkeeping requirements contained in the rules, and 0.5 person-hours for completing Form FMC-1.

    Total Annual Burden: The Commission estimates the total person-hour burden at 2,408 person-hours.

    Rachel Dickon, Assistant Secretary.
    [FR Doc. 2017-14492 Filed 7-10-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 4, 2017.

    A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528. Comments can also be sent electronically to or [email protected]:

    1. Sandy Spring Bancorp, Inc., Olney, Maryland; to acquire WashingtonFirst Bankshares, Inc., and thereby indirectly acquire WashingtonFirst Bank, both in Reston, Virginia. In addition, Sandy Spring Bancorp, Inc., Olney, Maryland; has applied to acquire lst Portfolio, Inc., Fairfax, Virginia, and thereby provide investment advisory services pursuant to section 225.28(b)(6)(i). Comments on this application must be received by August 1, 2017.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. D2 Alliances, LLC, Fort Worth, Texas; to become a bank holding company by acquiring 100 percent of Grandview Bancshares, Inc., and therefore, indirectly acquire Grandview Bank, both of Grandview, Texas.

    Board of Governors of the Federal Reserve System, July 5, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-14434 Filed 7-10-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than July 24, 2017.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Scott Michael Rasmussen, Germantown, Wisconsin; as trustee under a 2017 Voting Agreement, to acquire voting shares of Waupaca Bancorporation, Inc., and thereby indirectly acquire shares of First National Bank, both of Waupaca, Wisconsin.

    B. Federal Reserve Bank of Minneapolis (Brendan S. Murrin, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Nancy J. Petersen, Bismarck, North Dakota; to individually acquire voting shares of Cornerstone Holding Company, Inc., Fargo, North Dakota, and thereby indirectly acquire voting shares of Cornerstone Bank, Fargo, North Dakota.

    Board of Governors of the Federal Reserve System, July 6, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-14506 Filed 7-10-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than July 26, 2017.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Nancy J. Petersen, Bismarck, North Dakota; to individually retain voting shares of Cornerstone Holding Company, Inc., Fargo, North Dakota, and thereby indirectly retain shares of Cornerstone Bank, Fargo, North Dakota.

    Board of Governors of the Federal Reserve System, July 5, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-14435 Filed 7-10-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 3, 2017.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309. Comments can also be sent electronically to [email protected]:

    1. BOLC Corp; to become a bank holding company by acquiring 100 percent of the outstanding voting shares of Bank of Lincoln County, both of Fayetteville, Tennessee.

    Board of Governors of the Federal Reserve System, July 6, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-14507 Filed 7-10-17; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. FDA-2015-E-4727 and FDA-2015-E-4615] Determination of Regulatory Review Period for Purposes of Patent Extension; Intercept Blood System for Plasma AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) has determined the regulatory review period for INTERCEPT BLOOD SYSTEM FOR PLASMA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that medical device.

    DATES:

    Anyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by September 11, 2017. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by January 8, 2018. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before September 11, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of September 11, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way.

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket Nos. FDA-2015-E-4727 and FDA-2015-E-4615 for “Determination of Regulatory Review Period for Purposes of Patent Extension; INTERCEPT BLOOD SYSTEM FOR PLASMA.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION: I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For medical devices, the testing phase begins with a clinical investigation of the device and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the device and continues until permission to market the device is granted. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a medical device will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(3)(B).

    FDA has approved for marketing the medical device INTERCEPT BLOOD SYSTEM FOR PLASMA. INTERCEPT BLOOD SYSTEM FOR PLASMA is indicated for inactivation of bacterial and viral contaminants in Fresh Frozen Plasma prior to transfusion. Subsequent to this approval, the USPTO received patent term restoration applications for INTERCEPT BLOOD SYSTEM FOR PLASMA (U.S. Patent Nos. 5,593,823 and 6,951,713) from Cerus Corporation, and the USPTO requested FDA's assistance in determining this patents' eligibility for patent term restoration. In a letter dated April 26, 2016, FDA advised the USPTO that this medical device had undergone a regulatory review period and that the approval of INTERCEPT BLOOD SYSTEM FOR PLASMA represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for INTERCEPT BLOOD SYSTEM FOR PLASMA is 6,497 days. Of this time, 6,114 days occurred during the testing phase of the regulatory review period, while 383 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving this device became effective: March 5, 1997. The applicant claims that the investigational device exemption (IDE) required under section 520(g) of the FD&C Act for human tests to begin became effective on March 10, 1997. However, FDA records indicate that the IDE was determined substantially complete for clinical studies to have begun on March 5, 1997, which represents the IDE effective date.

    2. The date an application was initially submitted with respect to the biological device under section 515 of the FD&C Act (21 U.S.C. 360e): November 29, 2013. The applicant claims December 23, 2013, as the date the premarket approval application (PMA) for INTERCEPT BLOOD SYSTEM FOR PLASMA (PMA BP130076) was initially submitted. However, FDA records indicate that the complete PMA BP130076 was submitted on November 29, 2013.

    3. The date the application was approved: December 16, 2014. FDA has verified the applicant's claim that PMA BP130076 was approved on December 16, 2014.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its applications for patent extension, this applicant seeks 1,860 days or 5 years of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and, under 21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as specified in 21 CFR 60.30, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must be timely (see DATES) and contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to https://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Dockets Management Staff (see ADDRESSES).

    Dated: July 5, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-14454 Filed 7-10-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-1129] Medical Devices; Exemptions From Premarket Notification: Class II Devices AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing a list of class II devices that the Agency has determined based on established factors to no longer require premarket notification to provide reasonable assurance of safety and effectiveness, subject to certain limitations. FDA is publishing this notice of that determination in accordance with procedures established by the 21st Century Cures Act. This notice represents FDA's final determination with respect to the list of class II devices proposed in a March 14, 2017, Federal Register document. The exemptions in this notice will decrease regulatory burdens on the medical device industry and will eliminate private costs and expenditures required to comply with certain Federal regulations.

    FOR FURTHER INFORMATION CONTACT:

    Bryce Bennett, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    In the Federal Register of March 14, 2017 (82 FR 13609), FDA issued a notice proposing to exempt a list of class II devices from the premarket notification requirements under section 510(k) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360(k)), subject to certain limitations. This notice was issued in accordance with the 21st Century Cures Act (Pub. L. 114-255), which was signed into law on December 13, 2016. Section 3054 of that statute amended section 510(m) of the FD&C Act. As amended, section 510(m)(1)(A) of the FD&C Act provides that, within 90 days after enactment of the 21st Century Cures Act and at least once every 5 years thereafter, FDA must publish in the Federal Register a notice containing a list of each type of class II device that FDA determines no longer requires a report under section 510(k) of the FD&C Act (generally referred to as a premarket notification or “510(k)”) to provide reasonable assurance of safety and effectiveness. Within 210 days of enactment of the 21st Century Cures Act, FDA must publish in the Federal Register a list representing its final determination regarding the list of devices proposed in the March 14, 2017, notice. Section 510(m)(3) of the FD&C Act provides that upon the date that this final list is published in the Federal Register, a 510(k) will no longer be required for the listed devices and the applicable classification regulation for these devices shall be deemed amended to incorporate such exemption. Interested persons were given until May 15, 2017, to comment on the proposed list of class II devices. After reviewing these comments and considering whether the proposed list should be modified, FDA is now identifying its final determination as to which of those devices are now exempt from premarket notification requirements, subject to certain limitations, as indicated in tables 1 to 3 of this notice.

    In a future action, FDA intends to amend the codified language for each listed device's classification regulation to reflect this final determination. Persons with pending 510(k) submissions for devices that are now exempt from premarket notification, subject to the limitations on exemptions, should withdraw their submissions.

    These exemptions will decrease regulatory burdens on the medical device industry and will eliminate private costs and expenditures required to comply with Federal regulation. Specifically, regulated industry will no longer have to invest time and resources in premarket notifications, including preparation of documents and data for submission to FDA, payment of user fees associated with 510(k) submissions, and responding to questions and requests for additional information from FDA during 510(k) review.

    II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether a 510(k) is necessary to provide reasonable assurance of the safety and effectiveness of a class II device. These factors are discussed in the January 21, 1998, Federal Register notice (63 FR 3142) and subsequently in the guidance the Agency issued on February 19, 1998, entitled “Procedures for Class II Device Exemptions from Premarket Notification, Guidance for Industry and CDRH Staff” (“Class II 510(k) Exemption Guidance”) (Ref. 1).

    III. Limitations on Exemptions

    FDA believes that the types of class II devices listed in this notice should be exempt from the premarket notification requirements found under section 510(k) of the FD&C Act. However, an exemption from the requirement of premarket notification does not mean that the device is exempt from any other statutory or regulatory requirements, unless such exemption is explicitly provided by order or regulation. FDA's determination that premarket notification is unnecessary to provide a reasonable assurance of safety and effectiveness for devices listed in this document is based, in part, on the assurance of safety and effectiveness that other regulatory controls, such as current good manufacturing practice requirements, provide.

    In addition to being subject to the general limitations to the exemptions found in Title 21 of the Code of Federal Regulations (CFR) sections 862.9 to 892.9 (§§ 862.9 to 892.9), when Agency assessment determines that the factors laid out in the Class II 510(k) Exemption Guidance (Ref. 1) do not weigh in favor of exemption for all devices in a particular group, FDA may partially limit the exemption from premarket notification requirements to specific devices within a listed device type. In such situations where a partial exemption limitation has been identified, FDA has determined that premarket notification is necessary to provide a reasonable assurance of safety and effectiveness for these devices. Partial exemption limitations can be found in table 2 of this notice. FDA has assigned new product codes to the device types that are now exempt subject to the partial limitations in order to ensure that these devices can be separated from devices that do not fall within the partial exemption limitation under the existing product code (i.e., exempt and non-exempt devices within a device type will have distinct product codes). If table 2 indicates that a partial exemption limitation does apply to a device, then affected device manufacturers should review their registration and listing information to assess if they should list their device using the original classification product code, which requires premarket notification, or the new classification product code for the subset of that device type that is now 510(k) exempt (subject to the general limitations to the exemptions found in §§ 862.9 to 892.9). In table 2, for example, FDA is listing the exemption of the tympanometer but limits the exemption to such devices that are in compliance with FDA-recognized consensus standard ANSI S3.39. Tympanometers that comply with this partial exemption limitation and the corresponding general limitations in § 874.9 are now exempt from the 510(k) requirements and should be identified under new product code “PTP” in subsequent registration and listing submissions. However, tympanometers not in compliance with each of these exemption limitations remain subject to the 510(k) requirements and will retain product code “NAS.” We recommend that device manufacturers document in their records any changes in the product code of their device with appropriate justification.

    IV. List of Class II Devices

    In table 1, FDA is identifying the following list of class II devices that no longer require premarket notification under section 510(k) of the FD&C Act, subject to the general limitations to the exemptions found in §§ 862.9 to 892.9:

    Table 1—Class II Devices 21 CFR section Device type Product code 862.1020 Acid Phosphatase, Nitrophenylphosphate CJN 862.1020 Acid Phosphatase, Thymol Blue Monophosphate CJR 862.1020 Acid Phosphatase, Disodium Phenylphosphate CJX 862.1020 Acid Phosphatase, Naphthyl Phosphate CKB 862.1020 Acid Phosphatase, Thymolphthale Inmonophosphate CKE 862.1020 Acid Phosphatase, Beta Glycerophosphate CKH 862.1020 Acid Phosphatase (Prostatic), Tartrate Inhibited JFH 862.1090 Radioassay, Angiotensin Converting Enzyme KQN 862.1100 Vanillin Pyruvate, AST/SGOT CIF 862.1100 Diazo, AST/SGOT CIQ 862.1100 Hydrazone Colorimetry, AST/SGOT CIS 862.1100 NADH Oxidation/NAD Reduction, AST/SGOT CIT 862.1150 Calibrator, Primary JIS 862.1150 Calibrator, Secondary JIT 862.1150 Calibrator, Surrogate JIW 862.1150 Calibrator, Multi-Analyte Mixture JIX 862.1345 Drink, Glucose Tolerance MRV 862.1350 Continuous Glucose Monitor Secondary Display PJT 862.1445 Chromatographic Separation, Lactate Dehydrogenase Isoenzymes CEX 862.1445 Electrophoretic, Lactate Dehydrogenase Isoenzymes CFE 862.1445 Differential Rate Kinetic Method, Lactate Dehydrogenase Isoenzymes JGF 862.1509 System, Test, Urinary Methylmalonic Acid LPT 862.1685 Radioimmunoassay, Thyroxine-Binding Globulin CEE 862.1700 Radioimmunoassay, Total Thyroxine CDX 862.1700 Enzyme Immunoassay, Non-Radiolabeled, Total Thyroxine KLI 862.2265 High Throughput DNA Sequence Analyzer PFF 862.2570 Instrumentation For Clinical Multiplex Test Systems NSU 862.2570 Real Time Nucleic Acid Amplification System OOI 862.2570 Mass Spectrometer For Clinical Multiplex Test Systems OTA 862.2570 Micro Total Analysis Instrument System OUE 862.2570 Complete Gene Expression Profiling Accessory Reagents OVA 862.2570 DNA Genetic Analyzer PCA 862.2570 Data Acquisition Software PQQ 862.3200 Calibrators, Drug Mixture DKB 862.3200 Calibrators, Drug Specific DLJ 862.3200 Calibrators, Ethyl Alcohol DNN 864.5400 Fibrometer GIE 864.5400 Timer, Coagulation JBT 864.5425 Control, Plasma, Abnormal GGC 864.5425 Plasma, Coagulation Control GGN 864.5425 Plasma, Control, Normal GIZ 864.6550 Control, Fecal Occult Blood OSL 864.6650 Study, Platelet Adhesive JBZ 864.7275 Test, Euglobulin Lysis JBO 864.7300 Fibrin Monomer Paracoagulation JBN 864.7340 Fibrinogen Standard GFX 864.7340 Plasma, Fibrinogen Control GIL 864.7375 Glutathione, Red-Cell GII 864.7375 Fluorescence, Visual Observation (Qual., U.V.), Glutathione Reductase JMH 864.7375 Assay, Glutathione Reductase KQF 864.7415 Control, Hemoglobin, Abnormal JCM 864.7455 Stain, Fetal Hemoglobin GHQ 864.7500 Acid Hematin GGF 864.7720 Test, Prothrombin Consumption GGQ 864.7735 Prothrombin-Proconvertin and Thrombotest JPF 864.8150 Calibrator for Cell Indices KRX 864.8165 Calibrator for Hemoglobin and Hematocrit Measurement KRZ 864.8175 Calibrator for Platelet Counting KRY 864.8185 Calibrator for Red-Cell and White-Cell Counting KSA 864.8625 Standards and Controls, Hemoglobin, Normal and Abnormal GFS 864.8625 Control, White-Cell GGL 864.8625 Control, Hemoglobin GGM 864.8625 Control, Platelet GJP 864.8625 Control, Red-Cell GJR 864.8625 Control, Hematocrit GLK 864.8625 Mixture, Control, White-Cell and Red-Cell Indices GLQ 864.8625 Control, Cell Counter, Normal and Abnormal JCN 864.8625 Mixture, Hematology Quality Control JPK 864.8625 Material, Quality Control, Semen Analysis NRF 864.8625 Control Material, Blood Circulating Epithelial Cancer Cell NRS 864.9400 Solution, Stabilized Enzyme KSK 866.3395 Norovirus Serological Reagents OUC 866.5210 Immunochemical, Ceruloplasmin CHN 866.5210 Ceruloplasmin, Rhodamine, Antigen, Antiserum, Control DCT 866.5210 Ceruloplasmin, FITC, Antigen, Antiserum, Control DCY 866.5210 Ceruloplasmin, Antigen, Antiserum, Control DDB 866.5210 P-Phenyl-Enediamine/EDTA (Spectrophotometric), Ceruloplasmin JFQ 866.5210 Indirect Copper Assay, Ceruloplasmin JFR 866.5470 Hemoglobin, Chain Specific, Antigen, Antiserum, Control DAM 866.5620 Alpha-2-Macroglobulin, Rhodamine, Antigen, Antiserum, Control DDT 866.5620 Alpha-2-Macroglobulin, FITC, Antigen, Antiserum, Control DDY 866.5620 Alpha-2-Macroglobulin, Antigen, Antiserum, Control DEB 866.5630 System, Test, Beta-2-Microglobulin Immunological JZG 866.5910 Quality Control Material, Genetics, DNA NZB 868.1040 Algesimeter, Powered BSI 868.1400 Legging, Compression, Non-Inflatable LLK 868.2500 Monitor, Oxygen, Cutaneous, For Infant Not Under Gas Anesthesia KLK 868.2500 Monitor, Oxygen, Cutaneous, For Uses Other Than For Infant Not Under Gas Anesthesia LPP 868.2550 Pneumotachometer JAX 868.5180 Bed, Rocking, Breathing Assist CCO 868.6250 Compressor, Air, Portable BTI 870.1390 Trocar DRC 870.1875 Lung Sound Monitor OCR 870.2675 Oscillometer DRZ 870.4280 Filter, Prebypass, Cardiopulmonary Bypass KRJ 870.4290 Adaptor, Stopcock, Manifold, Fitting, Cardiopulmonary Bypass DTL 870.4340 Monitor and/or Control, Level Sensing, Cardiopulmonary Bypass DTW 870.4420 Sucker, Cardiotomy Return, Cardiopulmonary Bypass DTS 870.4430 Suction Control, Intracardiac, Cardiopulmonary Bypass DWD 872.1720 Tester, Pulp EAT 872.3260 External Cleaning Solution PME 872.3300 Coating, Denture Hydrophilic, Resin EBE 872.3540 Pad, Denture, Over The Counter EHR 872.3540 Cushion, Denture, Over The Counter EHS 872.3560 Reliner, Denture, Over The Counter EBP 872.3590 Denture, Plastic, Tooth ELM 872.3600 Denture Preformed (Partially Prefabricated Denture) EKO 872.3890 Splint, Endodontic Stabilizing ELS 872.5550 Ring, Teething, Fluid-Filled KKO 872.6770 Syringe, Cartridge EJI 874.1120 Generator, Electronic Noise (for Audiometric Testing) ETS 874.1325 Electroglottograph KLX 874.3310 Calibrator, Hearing Aid/Earphone and Analysis Systems ETW 874.3320 Hearing Aid, Group and Auditory Trainer EPF 874.3320 Device, Assistive Listening LZI 874.3330 Hearing Aid, Master KHL 874.3430 Mold, Middle-Ear ETC 874.3730 Device, Voice Amplification MCK 876.1500 Light Source, Incandescent, Diagnostic FCQ 876.1500 Light Source, Photographic, Fiberoptic FCR 876.1500 Light Source, Fiberoptic, Routine FCW 876.1500 Carrier, Sponge, Endoscopic FGS 876.1500 Light Source, Endoscope, Xenon Arc GCT 876.1500 Transformer, Endoscope GCW 876.1500 LED Light Source NTN 876.1500 Endoscopic Guide Wire, Gastroenterology-Urology OCY 876.4020 Light, Catheter, Fiberoptic, Glass, Ureteral FCS 876.4270 Rod, Colostomy EZP 876.4400 Ligator, Hemorrhoidal FHN 876.4400 Ligator, Esophageal MND 876.4500 Lithotriptor, Biliary Mechanical LQC 876.4770 Urethrotome EZO 876.5010 Bag, Bile Collecting EXF 876.5025 Vibrator for Climax Control of Premature Ejaculation PIA 876.5365 Dilator, Esophageal (Metal Olive) Gastro-Urology EZM 876.5365 Bougie, Esophageal, and Gastrointestinal, Gastro-Urology FAT 876.5365 Dilator, Esophageal KNQ 876.5520 Dilator, Urethral KOE 876.5665 Disinfectant, Subsystem, Water Purification NIH 876.5820 Set, Dialyzer Holder FKI 876.5895 Irrigator, Ostomy EXD 876.5980 Catheter, Retention, Barium Enema With Bag FGD 876.5980 Gastrostomy Tube Holder PLI 878.4370 Drape, Surgical, ENT ERY 878.4370 Drape, Pure Latex Sheet, With Self-Retaining Finger Cot EYX 878.4370 Drape, Urological, Disposable EYY 878.4370 Pad, Kelly FNW 878.4370 Drape, Patient, Ophthalmic HMT 878.4370 Drape, Microscope, Ophthalmic HMW 878.4370 Ring (Wound Protector), Drape Retention, Internal KGW 878.4580 Lamp, Operating-Room FQP 878.4580 Light, Surgical, Instrument FSQ 878.4580 Light, Surgical, Floor Standing FSS 878.4580 Light, Surgical, Endoscopic FSW 878.4580 Light, Surgical, Connector FSX 878.4580 Light, Surgical, Ceiling Mounted FSY 878.4580 Light, Surgical, Carrier FSZ 878.4580 Light, Surgical, Accessories FTA 878.4580 Lamp, Surgical FTD 878.4580 Illuminator, Remote FTG 878.4580 Lamp, Surgical, Incandescent GBC 878.5070 Apparatus, Air Handling, Bench FZG 878.5070 Apparatus, Air Handling, Room FZH 878.5070 Apparatus, Air Handling, Enclosure FZI 880.5580 Locator, Acupuncture Point BWJ 880.5580 Needle, Acupuncture, Single Use MQX 880.5780 Stocking, Medical Support (to Prevent Pooling of Blood in Legs) DWL 882.1020 Analyzer, Rigidity GZM 882.1540 Device, Galvanic Skin Response Measurement GZO 882.1560 Device, Skin Potential Measurement HCJ 882.1855 Encephalogram Telemetry System GYE 882.5895 Vibratory Counter-Stimulation OVP 884.2990 Sheet, Recording, Breast Examination NHM 884.3200 Drain, Cervical HFL 884.4400 Forceps, Obstetrical HDA 884.4530 Clamp, Umbilical HFW 884.4530 Speculum, Vaginal, Nonmetal HIB 884.4530 Speculum, Vaginal, Nonmetal, Fiberoptic HIC 884.4530 Clamp and Cutter, Umbilical NBZ 884.4900 Table, Obstetrical, AC-Powered (and Accessories) HDD 884.4900 Table, Obstetrical, Manual (and Accessories) HHP 884.4900 Table, Obstetric (and Accessories) KNC 884.5200 Hemorrhoid Prevention Pressure Wedge OOA 884.5390 Heater, Perineal, Direct Contact HGZ 884.5390 Heater, Perineal, Radiant, Non-Contact HHA 884.5390 Heater, Perineal KND 884.5400 Cup, Menstrual HHE 884.5425 Pad, Menstrual, Scented HHL 884.6150 Micromanipulators and Microinjectors, Assisted Reproduction MQJ 886.1120 Photorefractor MMF 886.1120 Camera, Ophthalmic, General-Use PJZ 886.1250 Euthyscope, AC-Powered HMK 886.1570 Ophthalmoscope, AC-Powered HLI 886.1570 Ophthalmoscope, Battery-Powered HLJ 886.1570 Ophthalmoscopes, Replacement Batteries, Hand-Held MSG 886.1780 Retinoscope, AC-Powered HKL 886.1945 Transilluminator, AC-Powered HJM 886.4150 Tubing, Replacement, Phacofragmentation Unit MSR 886.4250 Unit, Electrolysis, AC-Powered, Ophthalmic HRO 886.4335 Headlight, Fiberoptic Focusing FCT 886.4335 Light, Headband, Surgical FSR 886.4335 Headlamp, Operating, AC-Powered HPQ 886.4400 Locator, Metal, Electronic HPM 886.4440 Magnet, AC-Powered HPO 886.4790 Sponge, Ophthalmic HOZ 886.4790 Eye Tray OJK 888.1240 Dynamometer, AC-Powered LBB 888.4580 Instrument, Surgical, Sonic and Accessory/Attachment JDX 888.4580 System, Cement Removal Extraction LZV 890.1450 Hammer, Reflex, Powered IKO 890.5100 Bath, Hydro-Massage ILJ 890.5100 Bath, Sitz, Powered ILM 890.5110 Bath, Paraffin IMC 890.5250 Cabinet, Moist Steam IMB 890.5360 Exerciser, Measuring ISD 890.5500 Lamp, Infrared, Therapeutic Heating ILY 890.5575 Device, Warning, Overload, External Limb, Powered IRN 892.1000 MRI Disposable Kit OIM 892.1560 Biopsy Needle Guide Kit OIJ 892.1610 Aperature, Radiographic IZS 892.1610 Cone, Radiographic IZT 892.1610 Collimator, Automatic, Radiographic IZW 892.1610 Collimator, Manual, Radiographic IZX 892.1610 Device, Beam Limiting, X-Ray, Diagnostic KPW 892.1650 Arthrogram Tray OII 892.1650 Radiology Dental Tray OIK 892.1670 Device, Spot-Film IXL 892.1680 Radiographic Contrast Tray OIO 892.1680 Radiology Diagnostic Kit OIP 892.1730 Discography Kit OIL 892.1820 Chair, Pneumocephalographic HBK 892.1850 Cassette, Radiographic Film IXA 892.1860 Changer, Radiographic Film/Cassette KPX 892.1870 Programmer, Changer, Film/Cassette, Radiographic IZP 892.1900 Controller, Temperature, Radiographic EGT 892.1900 Dryer, Film, Radiographic EGW 892.1900 Processor, Radiographic-Film, Automatic, Dental EGY 892.1900 Processor, Radiographic-Film, Automatic IXW 892.1900 Processor, Cine Film IXX 892.2030 Digitizer, Image, Radiological LMA 892.2030 Digitizer, Images, Ophthalmic NFH 892.2040 Camera, Multi Format, Radiological LMC 892.2040 Device, Hardcopy, Images, Ophthalmic NFI 892.5730 Prostate Seeding Kit OIN

    In table 2, FDA is identifying a list of class II devices that no longer require premarket notification under section 510(k) of the FD&C Act, subject to the general limitations to the exemptions found in §§ 862.9 to 892.9, as well as the indicated partial exemption limitations. Devices listed in table 2 are now exempt, but only if they are in concurrent compliance with both the partial exemption limitation specified in table 2 and its corresponding general limitation found in the .9 section of Parts 862 to 892 of Title 21 of the CFR.

    Table 2—Class II Devices 21 CFR Section Device type Exempt
  • product code
  • Former
  • product
  • code
  • (non-exempt)
  • Partial exemption limitation
    862.3100 Enzyme Immunoassay, Amphetamine PUX DKZ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3100 Radioimmunoassay, Amphetamine PUX DJP Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3100 Thin Layer Chromatography, Amphetamine PUX DIT Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3100 Gas Chromatography, Amphetamine PUX DOD Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3100 Liquid Chromatography, Amphetamine PUX DNI Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3100 Free Radical Assay, Amphetamine PUX DJL Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Enzyme Immunoassay, Barbiturate PUY DIS Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Radioimmunoassay, Barbiturate PUY DKN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Thin Layer Chromatography, Barbiturate PUY DKX Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Mercury Dithiazone, Colorimetry, Barbiturate PUY DJN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Hemagglutination Inhibition, Barbiturate PUY DLX Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 Gas Liquid Chromatography, Barbiturate PUY DMF Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3150 High Pressure Liquid Chromatography, Barbiturate PUY KZY Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3170 Enzyme Immunoassay, Benzodiazepine PUZ JXM Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3170 High Pressure Liquid Chromatography, Benzodiazepine PUZ LAA Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3170 Test, Benzodiazepine, Over The Counter PUZ NFV Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3170 Gas Chromatography, Benzodiazepine PUZ KZZ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3170 Thin Layer Chromatography, Benzodiazepine PUZ LAB Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Enzyme Immunoassay, Cocaine and Cocaine Metabolites PVA DIO Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Radioimmunoassay, Cocaine Metabolite PVA KLN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Enzyme Immunoassay, Cocaine PVA JXO Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Hemagglutination, Cocaine Metabolites (Benzoylecgonine) PVA DLN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Thin Layer Chromatography, Cocaine PVA DMN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Free Radical Assay, Cocaine PVA DIR Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Gas Chromatography, Cocaine PVA DIN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 Thin Layer Chromatography, Benzoylecgonine PVA DOM Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3250 High Pressure Liquid Chromatography, Cocaine and Cocaine Metabolites PVA LAC Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3270 High Pressure Liquid Chromatography, Codeine PVB LAE Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3270 Thin Layer Chromatography, Codeine PVB DLD Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3270 Gas Chromatography, Codeine PVB LAD Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3580 Radioimmunoassay, LSD (125-I) PVC DLB Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3580 Free Radical Assay, LSD PVC DOL Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3610 Gas Chromatography, Methamphetamine PVD LAF Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3610 Thin Layer Chromatography, Methamphetamine PVD DJC Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3610 High Pressure Liquid Chromatography, Methamphetamine PVD LAG Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3610 Test, Methamphetamine, Over The Counter PVD NGG Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Enzyme Immunoassay, Methadone PVE DJR Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Hemagglutination Inhibition, Methadone PVE DIW Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Gas Chromatography, Methadone PVE DMB Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Thin Layer Chromatography, Methadone PVE DKR Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Liquid Chromatography, Methadone PVE DNT Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3620 Free Radical Assay, Methadone PVE DPP Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3630 Radioimmunoassay, Methaqualone PVF KXS Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Thin Layer Chromatography, Morphine PVG DNK Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Radioimmunoassay, Morphine (123-I), Goat Antibody Ammonium Sulfate Sep. PVG DOE Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Fluorometry, Morphine PVG DJJ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Liquid Chromatography, Morphine PVG DPK Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Gas Chromatography, Morphine PVG DMY Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Hemagglutination Inhibition, Morphine PVG DLR Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Free Radical Assay, Morphine PVG DOK Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Radioimmunoassay, Morphine (3-H), Goat Antibody Ammonium Sulfate Sep. PVG DIQ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3640 Radioimmunoassay, Morphine-Barbiturate (125-I), Goat Antibody PVG DNA Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 Enzyme Immunoassay, Opiates PVH DJG Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 Gas Chromatography, Opiates PVH DJF Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 Hemagglutination, Opiates PVH DLT Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 Thin Layer Chromatography, Opiates PVH LAI Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 Free Radical Assay, Opiates PVH DKT Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3650 High Pressure Liquid Chromatography, Opiates PVH LAH Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3700 Enzyme Immunoassay, Propoxyphene PVI JXN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3700 Thin Layer Chromatography, Propoxyphene PVI DPN Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3700 Gas Chromatography, Propoxyphene PVI LAJ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3700 High Pressure Liquid Chromatography, Propoxyphene PVI LAK Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3870 Enzyme Immunoassay, Cannabinoids PVJ LDJ Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3870 Reagents, Test, Tetrahydrocannabinol PVJ DKE Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3870 Radioimmunoassay, Cannabinoid(S) PVJ LAT Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3910 High Pressure Liquid Chromatography, Tricyclic Antidepressant Drugs PVK LFI Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3910 U.V. Spectrometry, Tricyclic Antidepressant Drugs PVK LFH Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 862.3910 Thin Layer Chromatography, Tricyclic Antidepressant Drugs PVK MLK Exemption is limited to test systems intended for employment and insurance testing that include a statement in their labeling that the device is intended solely for use in employment and insurance testing, and does not include test systems intended for Federal drug testing programs (e.g., programs run by the Substance Abuse and Mental Health Services Administration (SAMHSA), the Department of Transportation (DOT), and the U.S. military.) 866.5750 System, Test, Radioallergosorbent (RAST) Immunological PUW DHB Exemption is limited to devices classified under 21 CFR 866.5750 that are intended to detect any of the allergens included in table 3 of this document. 868.2385 Analyzer, Nitrogen Dioxide PUG MRQ Exemption is limited to standalone nitrogen dioxide analyzers and not those that are components of nitric oxide delivery systems intended to monitor nitrogen dioxide levels during inhaled nitric oxide therapy. 870.1330 Wire, Guide, Catheter PTL DQX Exemption is limited to accessory torque devices that are manually operated, non-patient contacting, and intended to manipulate non-cerebral vascular guide wires. 870.1650 Syringe, Balloon Inflation PTM MAV Exemption is limited to non-patient contacting balloon inflation syringes intended only to inflate/deflate balloon catheters and monitor pressure within the balloon. 870.2770 Analyzer, Body Composition PUH MNW Exemption is limited to body composition analyzers which are not intended to diagnose or treat any medical condition. 870.4400 Reservoir, Blood, Cardiopulmonary Bypass PTN DTN Exemption is limited to cardiopulmonary bypass blood reservoirs that do not contain defoamers or blood filters. 874.1090 Tester, Auditory Impedance PTO ETY Exemption is limited to auditory impedance testers that are in compliance with FDA-recognized consensus standard ANSI S3.39. 874.1090 Tympanometer PTP NAS Exemption is limited to tympanometers that are in compliance with FDA-recognized consensus standard ANSI S3.39. 876.1500 Endoscopic Magnetic Retriever PTQ FCC Exemption is limited to endoscopic magnetic retrievers intended for single use. 876.1500 Scissors For Cystoscope PTR KGD Exemption is limited to sterile scissors for cystoscope intended for single use. 876.1500 Endoscopic Grasping/Cutting Instrument, Non-Powered PTS OCZ Exemption is limited to disposable, non-powered endoscopic grasping/cutting instruments intended for single use. 876.5010 Catheter, Biliary, Surgical PTT GCA Exemption is limited to surgical biliary catheters that do not include a balloon component. 876.5630 Catheter, Peritoneal, Long-Term Indwelling PTU FJS Exemption is limited to non-patient contacting catheter finger grips intended for single use. 876.5630 Catheter, Peritoneal Dialysis, Single Use PTV FKO Exemption is limited to non-patient contacting catheter finger grips intended for single use. 876.5630 System, Peritoneal, Automatic Delivery PTW FKX Exemption is limited to continuous ambulatory peritoneal dialysis (CAPD) belts and catheter stands that do not include weigh scales. 878.4370 Drape, Surgical PUI KKX Exemption is limited to surgical drapes that do not include an antimicrobial agent. 878.4495 Suture, Nonabsorbable, Steel, Monofilament And Multifilament, Sterile PTX GAQ Exemption is limited to steel monofilament sutures that are uncoated and do not incorporate barbs. 882.1470 Computerized Cognitive Assessment Aid PTY PKQ Exemption is limited to computerized cognitive assessment aids that are not intended for diagnostic assessment of specific diseases or conditions and rely on inputs from visual cues, auditory cues, and/or functional use of the hand. 884.1630 Colposcope (and Colpomicroscope) PTZ HEX Exemption is limited to standard colposcopes (and colpomicroscopes) that use only a white light source, do not use filters other than a green filter, do not include image analysis software, and are not smartphone-based. 884.4530 Tenaculum, Uterine PUA HDC Exemption is limited to sterile uterine tenaculum devices that do not use suction and are intended for single use. 884.6120 Accessory, Assisted Reproduction PUB MQG Exemption is limited to simple embryo incubators with temperature, gas, and humidity control only; syringe pumps; collection tube warmers; dish/plate/microscope stage warmers; and controlled-rate cryopreservation freezers. 884.6130 Microtools, Assisted Reproduction (Pipettes) PUC MQH Exemption is limited to assisted reproduction microtools (pipettes) manufactured from glass. 884.6160 Labware, Assisted Reproduction PUD MQK Exemption is limited to dishes and plates that are intended for general assisted reproduction technology procedures. 886.1850 Biomicroscope, Slit-Lamp, AC-Powered PUE HJO Exemption is limited to slit-lamp, AC-powered biomicroscopes intended only for the visual examination of the anterior segment of the eye, are classified as Group 1 per FDA-recognized consensus standard ANSI Z80.36, do not provide any quantitative output, and are not intended for screening or automated diagnostic indications. 886.3320 Ocular Peg PUF MQU Exemption is limited to ocular pegs supplied sterile.

    In table 2, FDA included devices classified under § 866.5750 (Radioallergosorbent (RAST) immunological test system). FDA does not believe that all devices classified under this regulation meet the exemption criteria from premarket notification requirements. The devices listed in table 3 are also classified under § 866.5750, but this subset no longer requires premarket notification under section 510(k) of the FD&C Act, subject to the general limitations to the exemptions found in § 866.9. While the non-exempt devices classified under § 866.5750 will retain product code “DHB”, these devices listed in table 3 are reassigned product code “PUW.”

    Table 3—Class II Devices [§ 866.5750—Radioallergosorbent (RAST) Immunological Test Systems] Allergen code Allergen product Source
  • (taxonomical name)
  • Grass Pollens g1 Sweet vernal grass Anthoxanthum odoratum. g3 Cocksfoot grass, Orchard grass Dactylis glomerata. g4 Meadow fescue Festuca elatior. g5 Rye-grass (perennial rye grass) Lolium perenne. g7 Common reed (common reed grass) Phragmites communis. g8 Meadow grass, Kentucky blue (June grass) Poa pratensis. g9 Redtop, Bentgrass Agrostis stolonifera
  • Agrostis gigantea (Agrostis alba).
  • g11 Brome grass Bromus inermis. g12 Cultivated rye (cultivated rye grass) Secale cereale. g13 Velvet grass Holcus lanatus. g14 Cultivated oat (cultivated oat grass) Avena sativa. g15 Cultivated wheat (cultivated wheat grass) Triticum aestivum
  • (Triticum spp.).
  • g16 Meadow foxtail (meadow foxtail grass) Alopecurus pratensis. g17 Bahia grass Paspalum notatum. g24 Wheat grass, Western Agropyron smithii
  • (Elymus smithii).
  • g30 Bluegrass, annual Poa annua. g70 Wild rye grass Elymus triticoides
  • Elymus condensatus.
  • g71 Canary grass Phalaris arundinacea. g201 Barley, cultivated Hordeum vulgare. g202 Maize, corn (cultivated corn) Zea mays. g203 Salt grass Distichlis spicata. g204 False oat-grass Arrhenatherum elatius. g216 Cyn d 1 Cynodon dactylon. g701 Phl p 1.0102, Phl p 5.0101 Phleum pratense. g702 Phl p 7.0101 Phleum pratense. g703 Phl p 12.0101 Phleum pratense. Weed Pollens w2 Western ragweed Ambrosia psilostachya. w4 False ragweed Ambrosia acanthicarpa
  • (Franseria acanthicarpa).
  • w5 Wormwood Artemisia absinthium
  • Artemisia annua.
  • w6 Mugwort Artemisia vulgaris. w7 Marguerite, ox-eye daisy Chrysanthemum leucanthemum. w8 Dandelion Taraxacum vulgare
  • Taraxacum officinale.
  • w9 Plantain (English), Ribwort Plantago lanceolata. w10 Goosefoot, lamb's quarters Chenopodium album. w11 Saltwort (prickly), Russian thistle Salsola kali
  • (Salsola pestifer).
  • w12 Goldenrod Solidago virgaurea
  • (Solidago spp.)
  • w13 Cocklebur, common Xanthium commune. w14 Common pigweed (rough pigweed) Amaranthus retroflexus. w15 Scale, Lenscale Atriplex lentiformis. w16 Rough marsh elder Iva ciliate
  • Iva annua.
  • w17 Firebush (Kochia) Kochia scoparia. w18 Sheep sorrel Rumex acetosella. w19 Wall pellitory Parietaria officinalis. w20 Nettle (Common stinging nettle) Urtica dioica. w21 Wall pellitory Parietaria judaica. w22 Japanese hop (careless weed) Humulus japonicas
  • (Humulus scandens).
  • w23 Yellow dock, Yellow dockweed Rumex crispus. w24 Spiny pigweed Amaranthus spinosus. w27 Carnation Dianthus spp. w28 Rose Rosa rugosa. w33 Clover Trifolium pratense. w35 Mexican tea Chenopodium ambrosioides. w36 Rabbit bush Ambrosia deltoidea
  • (Franseria deltoides).
  • w37 Salt bush, annual Atriplex wrightii. w39 Water hemp, Western Amaranthus rudis
  • (Acnida tamariscina).
  • w41 Burrobrush Hymenoclea salsola. w42 Poverty weed w43 Common sagebrush Artemisia tridentata. w45 Alfalfa Medicago sativa. w46 Dog fennel Eupatorium capillifolium. w53 Geranium Geranium spp. w67 Groundsel bush Baccharis halimifolia. w69 Iodine bush Allenrolfea occidentalis. w70 Ragweed, slender Ambrosia confertiflora. w75 Wing scale (wingscale) Atriplex canescens. w82 Careless weed Amaranthus palmeri
  • Amaranthus hybridus.
  • w90 Japanese hop Humulus japonicas
  • (Humulus scandens).
  • w203 Rape (rape pollen) Brassica napus. w204 Sunflower Helianthus annuus. w206 Camomile Matricaria chamomilla. w207 Lupin Lupinus spp. w210 Sugar-beet Beta vulgaris. w211 Par j 2.0101 Parietaria judaica. w231 Art v 1 Artemisia vulgaris (Mugwort). w232 Sal k 1 Salsola kali. w233 Art v 3 Artemisa vulgaris (LTP, Mugwort). w234 Pla l 1 Plantago lanceolata. w235 Che a 1.0101 Chenopodium album. w236 Mer a 1.0101 Mercurialis annua. a753 Art v 1 Artemisia vulgaris (Mugwort weed). Tree Pollens t1 Box-elder (Maple) Acer negundo.
  • Acer saccharum.
  • t2 Gray alder, speckled alder (alder) Alnus incana. t4 Hazel, hazelnut Corylus avellana.
  • Corylus americana.
  • t5 American beech (beech) Fagus grandifolia.
  • (Fagus americana).
  • t6 Mountain juniper, Mountain cedar Juniperus ashei
  • (Juniperus sabinoides).
  • t8 Elm Ulmus americana. t9 Olive Olea europaea. t10 Walnut Juglans californica
  • Juglans nigra.
  • t11 Maple leaf sycamore, London plane, Plane tree Platanus acerifolia. t61 Sycamore Platanus occidentalis. t12 Willow Salix caprea
  • Salix nigra.
  • t14 Cottonwood (Eastern Cottonwood/Black Cottonwood) Populus deltoides. t15 White ash Fraxinus americana. t16 White pine Pinus strobus. t18 Eucalyptus, gum-tree Eucalyptus globulus.
  • (Eucalyptus spp.).
  • t19/t26 Acacia Acacia longifolia (Acacia spp.). t20 Mesquite Prosopis glandulosa/
  • Prosopis juliflora.
  • t21 Melaleuca, cajeput tree Melaleuca quinquenervia (Melaleuca leucadendron). t22 Pecan, hickory Carya illinoinensis
  • (Carya pecan).
  • t23 Italian/Mediterranean/funeral cypress Cupressus sempervirens. t24 Japanese cypress Chamaecyparis obtusa (Chamaecyparis spp.). t25 Ash Fraxinus excelsior. t27 Maple, red Acer rubrum. t29 Acacia Acacia spp. t30 Birch, white Betula populifolia. t32 Willow, black Salix nigra. t33 Ash, Arizona Fraxinus velutina. t35 Cedar, salt Tamarix gallica. t37 Bald cypress (white bald cypress) Taxodium distichum. t38 Elm, Chinese/Siberian Ulmus pumila. t40 Hazelnut tree Corylus americana. t41 White hickory Carya alba
  • (Carya tomentosa).
  • t42 Oak, red Quercus rubra. t43 Loblolly pine Pinus taeda. t44 Hackberry Celtis occidentalis. t45 Cedar elm Ulmus crassifolia. t47 Juniper, one seed Juniperus monosperma. t48 Pine, lodgepole Pinus contorta. t49 Pine, ponderosa Pinus ponderosa. t50 Beech, European Fagus sylvatica. t51 Tree of Heaven Ailanthus altissima. t52 Western white pine Pinus monticola. t54 Russian olive Elaeagnus angustifolia. t55 Scotch broom Cytisus scoparius. t56 Bayberry Myrica cerifera. t57 Red cedar Juniperus virginiana. t60 Western juniper Juniperus occidentalis. t61 Sycamore Platanus occidentalis. t70 Mulberry (white mulberry) Morus alba. t71 Red mulberry Morus rubra. t72 Queen palm Arecastrum romanzoffiamon. t73 Australian pine Casuarina equisetifolia. t77 Oak mix (red, white, black) Quercus spp. t80 Japanese cypress Chamaecyparis obtusa. t81 Japanese alder Alnus japonica. t83 Mango tree Mangifera indica. t90 Walnut, black Juglans nigra. t96 Poplar, white (poplar) Populus alba. t103/
  • t218
  • Virginia live oak (live oak) Quercus virginiana.
    t105 Pepper tree Schinus molle. t110 Orange tree Citrus sinensis. t201 Spruce, Norway spruce Picea abies (Picea excelsa). t202 Alder, smooth Alnus incana spp. Rugosa
  • (Alnus rugosa).
  • t203 Horse chestnut Aesculus hippocastanum. t205 Elder Sambucus nigra. t206 Chestnut Castanea sativa. t207 Douglas fir Pseudotsuga menziesii (Pseudotsuga taxifolia). t208 Linden Tilia cordata. t209 Horn beam Carpinus betulus. t210 Privet Ligustrum vulgare. t211 Sweet gum Liquidambar styraciflua. t212 Cedar Libocedrus decurrens. t213 Pine Pinus radiata. t214 Date palm Phoenix canariensis. t215 Lilac Syringa vulgaris. t217 Pepper tree Schinus molle. t217 Red alder Alnus rubra. t218 Virginia live oak Quercus virginiana. t218 Bayberry (bayberry/sweet gale) Myrica gale. t219 Palo verde Cercidium floridum. t219 Red cedar Juniperus virginiana. t220 Bet v 4 Betula verrucosa (Birch). t221 Bet v 2.0101, Bet v 4 Betula verrucosa (Birch). t222 Cypress (Arizona cypress) Cupressus arizonica. t223 Oil palm Elaeis guineensis. t224 Ole e 1 Olea europaea. t225 Bet v 6 Betula verrucosa (Birch). t226 Cup a 1 Cupressus arizonica. t227 Ole e 7 Olea Europaea. t228 Aspen, quaking Populus tremuloides. t229 Eastern hemlock Tsuga canadensis. t230 Redwood (sequoia) Sequoia sempervirens. t232 Pussy willow Salix discolor. t240 Ole e 9.0101 Olea Europaea. t241 Pla a 1.0101 Platanus acerifolia. t242 Pla a 2 Platanus acerifolia. t243 Pla a 3.0101 Platanus acerifolia. t244 Cor a 1.0103 Corylus avellana. t245 Aln g 1.0101 Alnus glutinosa. t246 Cry j 1 Cryptomeria japonica. t280 Locust tree Robinia pseudoacacia. t401 Brazilian peppertree Schinus terebinthifolius. t402 Mastic tree Pistacia lentiscus. t404 Tree of heaven Ailanthus altissima. t406 Date palm Phoenix dactylifera. a482 Ole e 1 Olea europaea (Olive Oil). Mites d207 Blo t 5.0101 Blomia tropicalis. d208 Lep d 2.0101 Lepidoglyphus destructor. Microorganisms, Molds, Yeast m1 Penicillium chrysogenum
  • (Penicillium notatum)
  • Penicillium chrysogenum (Penicillium notatum).
    m2 Cladosporium herbarum (Hormodendrum) Cladosporium herbarum (Hormodendrum). m3 Aspergillus fumigatus Aspergillus fumigatus. m4 Mucor racemosus Mucor racemosus. m5 Candida albicans Candida albicans. m7 Botrytis cinerea Botrytis cinerea. m8 Drechslera halodes (Setomelanomma rostrata, Helminthosporium halodes, Helminthosporium interseminatum) Drechslera halodes
  • (Setomelanomma rostrata, Helminthosporium halodes).
  • m9 Fusarium moniliforme (Fusarium proliferatum) Fusarium moniliforme
  • (Fusarium proliferatum).
  • m10 Stemphylium botryosum Stemphylium herbarum
  • (Stemphylium botryosum).
  • m11 Rhizopus nigricans Rhizopus nigricans. m12 Aureobasidium pullulans Aureobasidium pullulans. m13 Phoma betae Phoma betae. m14 Epicoccum purpurascens Epicoccum purpurascens
  • (Epicoccum nigrum).
  • m15 Trichoderma viride Trichoderma viride. m16 Curvularia lunata Curvularia lunata
  • Curvularia specifera (K923044).
  • m17 Cladosporium fulvum Cladosporium fulvum. m18 Fusarium culmorum Fusarium culmorum. m19 Aspergillus versicolor Aspergillus versicolor. m20 Mucor mucedo Mucor mucedo. m21 Aspergillus clavatus Aspergillus clavatus. m22 Micropolyspora faeni Saccharopolyspora rectivirgula (Micropolyspora faeni). m23 Thermoactinomyces vulgaris Thermoactinomyces vulgaris. m24 Stachybotrys atra Stachybotrys chartarum (Stachybotrys atra). m24 Paecilomyces spp. Paecilomyces spp. m25 Aspergillus versicolor Aspergillus versicolor. m25 Penicillium brevicompactum Penicillium brevicompactum. m26 Cladosporium cladosporioides Cladosporium cladosporioides. m26 Penicillium citrinum Penicillium citrinum. m27 Penicillium spp. Penicillium spp. m29 Aspergillus repens Aspergillus repens. m30 Penicillium roqueforti Penicillium roqueforti. m32 Cladosporium cladosporioides Cladosporium cladosporioides. m34 Serpula lacrymans Serpula lacrymans. m36 Aspergillus terreus Aspergillus terreus. m37 Trichophyton mentagrophytes Trichophyton mentagrophytes. m40 Aspergillus amstelodami Aspergillus amstelodami. m43 Saccharomyces carlsberg Saccharomyces carlsbergensis. m44 Saccharomyces cerevisiae Saccharomyces cerevisiae. m45 Hormodendrum hordei Hormodendrum hordei. m46 Bipolaris spicifera Bipolaris spicifera. m47 Aspergillus nidulans Aspergillus nidulans. m48 Aspergillus oryzae Aspergillus oryzae. m49 Fusarium oxysporum Fusarium oxysporum. m50 Micropolyspora faeni Saccharopolyspora rectivirgula (Micropolyspora faeni). m51 Thermoactinomyces vulgaris Thermoactinomyces vulgaris. m53 Microspora canis Microsporum canis
  • (Microspora canis).
  • m54 Aspergillus flavus Aspergillus flavus. m63 Helminthosporium intersemin Helminthosporium intersemin. m66 Mucor plumbeus Mucor plumbeus. m67 Mycogone Mycogone perniciosa. m68 Nigrospora oryzae Nigrospora oryzae. m69 Rhodotorula Rhodotorula rubra
  • (Rhodotorula mucilaginosa).
  • m70 Malassezia furfur (Pityrosporum orbiculare) Malassezia furfur
  • (Pityrosporum orbiculare).
  • m71 Spondylocladium Spondylocladium spp. m72 Epidermophyton Epidermophyton floccosum. m73 Epicoccum nigrum Epicoccum purpurascens
  • (Epicoccum nigrum).
  • m80 Staphylococcal enterotoxin A (Sta a SEA) Staphylococcus aureus. m80 Helminthosporium spp. Helminthosporium spp. m81 Staphylococcal enterotoxin B (Sta a SEB) Staphylococcus aureus. m88 Stemphylium solani Stemphylium solani. m93 Gliocladium fimbriatum Gliocladium fimbriatum. m94 Phycomyces blakesleeanus Phycomyces blakesleeanus. m201 Tilletia tritici (Ustilago nuda, Ustilago tritici) (Barley smut) Tilletia tritici
  • (Ustilago nuda, Ustilago tritici).
  • m202 Acremonium kiliense (Cephalosporium acremonium) Acremonium kiliense (Cephalosporium acremonium). m203 Trichosporon pullulans Trichosporon pullulans. m204 Ulocladium chartarum Ulocladium chartarum. m205 Trichophyton rubrum Trichophyton rubrum. m207 Aspergillus niger Aspergillus niger. m208 Chaetomium globosum Chaetomium globosum. m209 Penicillium frequentans Penicillium glabrum
  • (Penicillium frequentans).
  • m209 Stachybotrys chartarum Stachybotrys chartarum (Stachybotrys atra). m210 Trichophyton mentagrophytes var. goetzii Trichophyton mentagrophytes var. goetzii. m211 Trichophyton mentagrophytes var. interdigitale Trichophyton mentagrophytes var. interdigitale. m211 Oat smut Ustilago avenae. m212 Micropolyspora faeni Saccharopolyspora rectivirgula (Micropolyspora faeni). m212 Geotrichum candidum Geotrichum candidum. m213 Bermuda grass smut Ustilago cynodontis. m214 Johnson grass smut Sphacelotheca cruenta. m215 Corn smut Ustilago maydis. m218 Asp f 1.0101 Aspergillus fumigatus. a3050 Asp r 1 Aspergillus restrictus. m219 Asp f 2 Aspergillus fumigatus. m220 Asp f 3.0101 Aspergillus fumigatus. m221 Asp f 4 Aspergillus fumigatus. m222 Asp f 6.0101 Aspergillus fumigatus. m223 Staphylococal enterotoxin C (Sta a SEC) Staphylococus aureus. m224 Staphylococcal enterotoxin D (Sta a SED) Staphylococcus aureus. m226 Staphylococcal enterotoxin TSST (Sta a TSST) Staphylococcus aureus. m227 Malassezia spp. (Pityrosporum spp.) Malassezia spp. (Pityrosporum spp.). m228 Aspergillus flavus. m229 Alt a 1.0101 Alternaria alternata (Alternaria tenuis). m230 Alt a 6.0101 Alternaria alternata (Alternaria tenuis). m231 Cla h 8.0101 Cladosporium herbarum (Hormodendrum). m300 Eurotium spp. Eurotium spp. m304 Aspergillus oryzae Aspergillus oryzae. m305 Penicillium brevicompactum Penicillium brevicompactum. m309 Aspergillus terreus Aspergillus terreus. m310 Aspergillus nidulans Aspergillus nidulans. m311 Aspergillus flavus Aspergillus flavus. m312 Aspergillus clavatus Aspergillus clavatus. Epidermal & Animal e6 Guinea pig epithelium Cavia porcellus. e7 Pigeon droppings Columba palumbus
  • Columba livia.
  • e25 Chicken serum Gallus domesticus
  • (Gallus gallus domesticus; Gallus spp.).
  • e26 Parrot serum Psittacoidea spp. e62 Camel Camelus dromedaries. e70 Goose feathers Anser anser. e71 Mouse epithelium Mus musculus
  • (Mus spp.).
  • e73 Rat epithelium Rattus norvegicus. e74 Rat urine proteins Rattus norvegicus
  • Rattus rattus.
  • e75 Rat serum proteins Rattus norvegicus
  • Rattus rattus.
  • e76 Mouse serum proteins Mus musculus
  • (Mus spp.).
  • e77 Budgerigar droppings Melopsittacus undulatus. e78 Budgerigar feathers Melopsittacus undulatus. e79 Budgerigar serum proteins Melopsittacus undulatus. e80 Goat epithelium Capra hircus. e81 Sheep epithelium Ovis aries
  • (Ovis spp.).
  • e82 Rabbit epithelium Oryctolagus cuniculus
  • (Oryctolagus spp.).
  • e83 Swine epithelium Sus scrofa
  • (Sus scrofa domesticus; Sus spp.).
  • e84 Hamster epithelium Cricetus cricetus, Mesocricetus auratus, and Phodopus sungorus. e85 Chicken feathers Gallus domesticus (Gallus gallus domesticus; Gallus spp.). e86 Duck feathers Anas platyrhynchos. e87 Rat epithelium, serum proteins, and urine proteins Rattus norvegicus
  • Rattus rattus.
  • e88 Mouse epithelium, serum proteins, and urine proteins (mouse) Mus musculus (Mus spp.). e89 Turkey feathers Meleagris gallopavo. e90 Budgerigar serum proteins, feathers, and droppings Melopsittacus undulatus. e91 Pigeon serum proteins, feathers, and droppings Streptopelia roseogrisea
  • Psittacidae spp.
  • e92 Parrot serum proteins, feathers, and droppings Ara spp. e93 Pigeon serum proteins Streptopelia roseogrisea. e94 Fel d 1.0101 Felis domesticus. a345 Fel d 1 Felis domesticus. e98 Parrot droppings Psittacoidea spp. e101 Can f 1.0101 Canis familiaris (Canis domesticus). a174 Can f 1 Canis familiaris (Canis domesticus). e102 Can f 2.0101 Canis familiaris (Canis domesticus). e196 Parakeet feathers Nymphicus hollandicus. e197 Parakeet droppings Nymphicus hollandicus. e198 Parakeet serum Nymphicus hollandicus. e199 Canary bird serum Serinus canarius. e200 Canary bird droppings Serinus canarius. e201 Canary bird feathers (Canary feathers) Serinus canarius. e202 Reindeer epithelium Rangifer tarandus. e203 Mink epithelium Mustela spp. e204 Bos d 6 Bos domesticus (Bos taurus; Bos spp.). e205 Horse, serum proteins Equus caballus (Equus spp.). e206 Rabbit, serum proteins Oryctolagus cuniculus (Oryctolagus spp.). e208 Chinchilla epithelium Chinchilla laniger. e209 Gerbil epithelium Meriones unguiculatus. e210 Fox epithelium Vulpes vulpes. e211 Rabbit, urine proteins Oryctolagus cuniculus
  • (Oryctolagus spp.).
  • e212 Swine, urine proteins Sus scrofa
  • (Sus scrofa domesticus; Sus spp.).
  • e213 Parrot feathers Ara spp. e214 Finch feathers Lonchura domestica. e215 Pigeon feathers Streptopelia roseogrisea
  • (Streptopelia spp.)
  • Columbia spp.
  • e216 Deer epithelium Dama dama. e217 Ferret epithelium Mustela putorius. e218 Chicken droppings Gallus domesticus (Gallus gallus domesticus; Gallus spp.). e219 Chicken, serum proteins Gallus domesticus (Gallus gallus domesticus; Gallus spp.). e220 Fel d 2, Cat serum albumin Felis domesticus. e221 Can f 3 Canis familiaris (Canis domesticus)
  • (Dog serum albumin).
  • e222 Swine serum albumin (Sus s PSA) Sus scrofa (Sus scrofa domesticus; Sus spp.). e225 Lovebird feathers Psittacoidea agapomis. e226 Can f 5.0101 Canis familiaris. e227 Equ c 1.0101 Equus caballus. e228 Fel d 4.0101 Felis domesticus. e230 Equ c 3 Equus caballus. e231 Mus m 1 Mus musculus. Food f9 Rice Oryza sativa. f12 Pea (green pea) Pisum sativum. f15 White bean Phaseolus vulgaris. f19 Cayenne pepper Capsicum frutescens
  • (Capsicum annum).
  • f21 Sugar cane Saccharum officinarum. f22 Raspberry Rubus idaeus. f26 Pork Sus scrofa (Sus scrofa domesticus; Sus spp.). f29 Watermelon Citrullus lanatus
  • (Citrullus vulgaris).
  • f31 Carrot Daucus carota. f32 Oyster mushroom Pleurotus ostreatus. f33 Orange Citrus sinensis. f35 Potato Solanum tuberosum. f43 Mother's milk Homo sapiens. f44 Strawberry Fragaria vesca (Fragaria spp.). f45 Yeast, baker's Saccharomyces cerevisiae. f46 Pepper, Red Capsicum annuum. f47 Garlic Allium sativum. f48 Onion Allium cepa. f49 Apple Malus x domestica
  • (Malus spp.).
  • f51 Bamboo shoot Phyllostachys pubescens. f52 Cacao/chocolate Theobroma cacao. f54 Sweet potato Ipomoea batatas. f55 Common millet Panicum miliaceum. f56 Foxtail millet Setaria italica. f57 Japanese millet Echinochloa crus-galli. f58 Pacific squid Todarodes pacificus. f59 Octopus Octopus vulgaris (Octopus spp.). f63 Kefir NA. f67 Parmesan cheese NA. f81 Cheese, cheddar type NA. f82 Cheese, mold type NA. f83 Chicken Gallus domesticus (Gallus gallus domesticus; Gallus spp.). f86 Parsley Petroselinum crispum. f87 Melon Cucumis melo Cucumis melo + Citrullus lanatus. f88 Mutton (lamb) Ovis aries (Ovis spp.). f90 Malt Hordeum vulgare. f92 Banana Musa spp. f93 Cacao Theobroma cacao. f94 Pear Pyrus communis (Pyrus spp.). f97 Yam Dioscorea spp.
  • Dioscorea opposita.
  • f97 Chamomile tea Matricaria chamomilla. f98 Gliadin Triticum aestivum (Triticum spp.). f102 Cantaloupe Cucumis melo var. cantalupensis. f105 Chocolate Theobroma cacao. f109 Cottonseed Gossypium hirsutum. f110 Giant radish Raphanus sativus. f118 Zucchini Cucurbita pepo. f119 Radish Raphanus sativus. f120 Venison Capreolus capeolus. f121 Pinto bean Phaseolus vulgaris. f122 Cheese, American NA. f127 Black-eyed pea Vigna unguiculata. f131 Black Olive Olea europaea. f136 Red beet Beta vulgaris var. conditiva. f139 Goat's Cheese Capra aegagrus. f140 Bran NA. f141 Corn (vegetables) Zea mays. f152 Green bell pepper Capsicum annuum. f155 Brewer's yeast Saccharomyces carlsbergensis. f157 Duck Anas domesticus. f158 Goose Anser anser. f160 Camembert cheese NA. f162 Nectarine Prunus persica var. nucipersica. f163 Kohlrabi Brassica oleracea var. gongylodes. f65 Perch f166 Leek Allium porrum. f170 Cheese (Switzerland) (Swiss cheese) NA. f174 Fig Ficus carica. f177 Cranberry Vaccinium macrocarpon. f179 Raisin Vitis spp. f182 Lima bean Phaseolus lunatus. f198 Flaxseed (bruised grain) Linum usitatissimum. f199 Untreated native milk Bos domesticus (Bos taurus; Bos spp.). f208 Lemon Citrus limon. f209 Grapefruit Citrus paradisi. f210 Pineapple Ananas comosus. f211 Blackberry Rubus fruticosus. f212 Mushroom (champignon) Agaricus hortensis
  • (Agaricus spp.).
  • f213 Rabbit Oryctolagus cuniculus
  • (Oryctolagus spp.).
  • f214 Spinach Spinacia oleracea. f215 Lettuce Lactuca sativa. f216 Cabbage Brassica oleracea var. capitata. f217 Brussels sprouts Brassica oleracea var. gem. f218 Paprika, sweet pepper Capsicum annuum. f219 Fennel seed Foeniculum vulgare. f219 Sage Salvia officinalis. f220 Cinnamon Cinnamomum spp. f221 Coffee Coffea spp. f222 Tea Camellia sinensis. f223 Green olive Olea europaea. f225 Summer squash, pumpkin Cucurbita pepo. f225 Pumpkin Cucurbita maxima. f226 Pumpkin seed Cucurbita pepo. f227 Sugar-beet seed Beta vulgaris. f229 Safflower Seed Carthamus tinctorius. f231 Milk, boiled Bos domesticus
  • (Bos taurus; Bos spp.).
  • f234 Vanilla Vanilla planifolia. f237 Apricot Prunus armeniaca. f241 Gouda cheese NA. f242 Cherry Prunus avium. f244 Cucumber Cucumis sativus. f246 Guar, guar gum Cyamopsis tetragonoloba. f247 Honey NA. f248 Rosemary Rosmarinus officinalis. f254 Plaice Pleuronectes platessa. f255 Plum Prunus domestica
  • Prunus americana.
  • f258 Squid Loligo spp. f259 Grape Vitis vinifera
  • (Vitis spp.).
  • f260 Broccoli Brassica oleracea var. italica (Brassica oleracea var. cultivar). f261 Asparagus Asparagus officinalis. f262 Aubergine, eggplant Solanum melongena. f263 Green pepper Piper nigrum
  • Capsicum annuum.
  • f264 Eel Anguilla anguilla. f265 Caraway Carum carvi. f265 Cumin Cuminum cyminum. f266 Mace Myristica fragrans. f267 Cardamon Elettaria cardamomum. f268 Clove Syzygium aromaticum. f269 Basil Ocimum basilicum. f270 Ginger Zingiber officinale. f271 Anise Pimpinella anisum. f272 Tarragon Artemisia dracunculus. f273 Thyme Thymus vulgaris. f274 Marjoram Origanum majorana. f275 Lovage Levisticum officinale. f276 Fennel, fresh Foeniculum vulgare. f277 Dill Anethum graveolens. f278 Bay leaf Laurus nobilis. f279 Chili pepper Capsicum frutescens. f280 Black pepper Piper nigrum. f281 Curry (Santa Maria) NA. f282 Nutmeg Myristica fragrans. f283 Oregano Origanum vulgare. f284 Turkey meat Meleagris gallopavo. f285 Elk/moose meat Alces spp. f286 Mare's milk Equus caballus (Equus spp.). f287 Red kidney bean Phaseolus vulgaris. f288 Blueberry Vaccinium myrtillus (Vaccinium spp.). f289 Date Phoenix dactylifera. f291 Cauliflower Brassica oleracea var. botrytis. f292 Guava Psidium guajava. f293 Papaya Carica papaya. f294 Passion fruit, Maracuja Passiflora edulis (Passiflora spp.). f295 Carambola Averrhoa carambola. f296 Carob Ceratonia siliqua. f297 Gum arabic Acacia senegal (Acacia spp.). f298 Tragacanth Astragalus spp. f299 Sweet chestnut (chestnut) Castanea sativa. f300 Pinto bean Phaseolus spp. f301 Persimmon (kaki fruit, sharon) Diospyros kaki. f302 Mandarin (tangerine, clementine, satsumas) Citrus reticulata. f305 Fenugreek Trigonella foenum-graecum. f306 Lime Citrus aurantifolia. f307 Hake Merluccius merluccius. f308 Sardine (pilchard) Sardina pilchardus. f310 Blue vetch Lathyrus sativus. f311 Megrim Lepidorhombus whiffiagonis. f315 Green bean Phaseolus vulgaris. f316 Rape seed Brassica napus. f317 Coriander Coriandrum sativum. f318 Jack fruit Artocarpus heterophyllus. f319 Beetroot Beta vulgaris. f320 Crayfish Astacus astacus. f321 Horse meat Equus caballus (Equus spp.). f322 Red currant Ribes sylvestre. f324 Hop (fruit cone) Humulus lupulus. f325 Saffron Colchicum autumnale. f328 Fig Ficus carica. f329 Watermelon Citrullus lanatus. f330 Rose hip Rosa spp. f331 Saffron Crocus sativus. f332 Mint Mentha piperita. f333 Linseed Linum usitatissimum. f336 Jujube Ziziphus jujuba. f336 Wine vinegar Vitis vinifera (Vitis spp.). f337 Sole Solea solea. f337 English sole Parophrys vetulus. f338 Wine, white Vitis vinifera (Vitis spp.). f339 Allspice Pimenta dioica. f339 Wine, red Vitis vinifera (Vitis spp.). f341 Cranberry Vaccinium oxycoccus
  • Vaccinium macrocarpon.
  • f342 Olive (black, fresh) Olea europaea. f343 Raspberry Rubus idaeus. f344 Sage Salvia officinalis. f346 Chives Allium schoenoprasum. f347 Quinoa Chenopodium quinoa. f348 Litchi Litchi chinensis. f349 Chum salmon roe Oncorhynchus keta. f358 Artichoke Cynara scolymus. f360 Yogurt NA. f368 Black bass Micropterus dolomieu (Micropterus dolomieui). f374 Karaya gum Sterculia urens. f375 Horseradish Armoracia rusticana. f377 Maple syrup NA. f379 Okra Abelmoschus esculentus. f382 Beet, sugar Beta vulgaris var. altissima. f401 Loquat Eriobotrya japonica. f402 Fig Ficus carica. f403 Brewer's yeast Saccharomyces cerevisiae. f405 Mint Mentha spp. f406 Arugula Eruca vesicaria. House Dust h1 Greer Labs., Inc. NA. h2 Hollister-Stier Labs. NA. h6 Japan NA. Venoms & Insects i7 Midge Chironomus yoshimatsui. i8 Moth Bombyx mori
  • Heterocera spp.
  • i47 Water flea Daphnia spp. i49 Deer fly Chrysops spp. i51 Black ant Camponotus pennsylvanicus. i54 Flea mix (dog/cat), common flea Ctenocephalides spp. i71 Mosquito Aedes communis
  • Aedes spp. and Culex spp.
  • i72 Green nimitti Cladotanytarsus lewisi. i73 Blood worm Chironomus thummi
  • Chironomusri parius
  • Chironomus spp.
  • i75 European hornet Vespa crabro. i76 Berlin beetle Trogoderma angustum. i77 European paper wasp Polistes dominulus. i78 Fly Musca domestica. i80 Bumblebee Bombus pennsylvanicus. i201 Horse bot fly Gasterophilus intestinalis. i202 Grain weevil Sitophilus granarius. i203 Mediterranean flour moth Ephestia kuehniella (Anagasta kuehniella). i204 Horse fly Tabanus spp. i205 Bumblebee Bombus terrestris. i208 Api m 1.0101 Apis mellifera. a45 Api m 1 Apis mellifera. i209 Ves v 5.0101 Vespula vulgaris. a670 Ves v 5 Vespula vulgaris. i210 Pol d 5.0101 Polistes dominulus. i211 Ves v 1.0101 Vespula vulgaris. i213 Api m 4 Apis mellifera. i214 Api m 2 Apis mellifera. i215 Api m 3 Apis mellifera. i216 Api m 5 Apis mellifera. i217 Api m 10 Apis mellifera. i220 Bla g 1.0101 Blattella germanica. i221 Bla g 2.0101 Blattella germanica. i222 Bla g 5.0101 Blattella germanica. i223 Bla g 7 Blattella germanica a46 Api m 2 Apis mellifera. Miscellaneous o1 Cotton, crude fibers Gossypium spp. o3 Cotton (treated) Gossypium spp. o70 Seminal fluid Homo sapiens. o71 Staphylococcus aureus Staphylococcus aureus. o72 Pichia pastoris crude extract customer specific Pichia pastoris. o72 Sperm-sediment Homo sapiens. o73 Pichia pastoris crude extr. vector customer specific Pichia pastoris. o74 Pichia pastoris with vector customer specific Pichia pastoris. o201 Tobacco leaf, tobacco dust Nicotiana tabacum. o202 Artemia salina, fish feed Artemia salina. o203 Tetramin, fish feed NA. o207 Daphnia, fish feed Daphnia spp. o211 Mealworm Tenebrio molitor. o212 Streptavidin Streptomyces avidini. o213 MBP (maltose binding protein) Escherichia coli. o214 CCD; MUXF3 from bromelain Ananas comosus. o72 Enterotoxin A (Sta a SEA) Staphylococcus aureus. o73 Enterotoxin B (Sta a SEB) Staphylococcus aureus. Parasites p1 Ascaris Ascaris suum. p2 Echinococcus Echinococcus granulosus. p3 Schistosoma Schistosoma mansoni. p4 Anisakis (Herring Worm) Anisakis simplex (Anisakis spp.). p5 Toxocara canis Toxocara canis. p10 Ani s 3.0101 Anisakis simplex (Anisakis spp.). p11 Ani s 1 Anisakis simplex (Anisakis spp.). Occupational k4 Threshing dust NA. k5 Flax NA. k7 Hay Dust NA. k8 Hop (hops) Humulus lupulus. k12 Grain mill dust NA. k14 Kapok NA. k20 Sheep's wool (treated) (wool) Ovis aries (Ovis spp.). k21 Sheep's wool (Untreated) Ovis aries (Ovis spp.). k23 Straw Dust NA. k33 Oak NA. k70 Green coffee bean Coffea spp. k71 Castor bean Ricinus communis. k72 Ispaghula Plantago psyllium/Plantago ovata. k73 Silk waste NA. k74 Silk Bombyx mori. k75 Isocyanate TDI (Toluene diisocyanate) NA. k76 Isocyanate MDI (Diphenylmethane diisocyanate) NA. k77 Isocyanate HDI (Hexamethylen diisocyanate) NA. k78 Ethylene oxide NA. k79 Phthalic anhydride NA. k80 Formaldehyde/Formalin NA. k81 Ficus Ficus benjamina (Ficus spp.). k83 Cotton seed Gossypium hirsutum. k84 Sunflower seed Helianthus annuus. k85 Chloramin T NA. k86 Trimellitic anhydride, TMA NA. k87 Asp o 21, alpha-amylase Aspergillus oryzae. k89 Orris root Iris florentina. k99 HSA (Human Serum Albumin) (Hom s HSA) Homo sapiens. k201 Car p 1, Papain Carica papaya. k202 Ana c 2, Bromelain Ananas comosus. k204 Maxatase Bacillus licheniformis. k205 Alcalase Bacillus spp. k206 Savinase, Protease 1 (Bac l Subtilisin) Bacillus spp. k208 Gal d 4, Lysozyme Gallus domesticus (Gallus gallus domesticus; Gallus spp.). k209 Hexahydrophtalic anhydrid NA. k210 Maleic anhydride NA. k211 Methyltetrahydrophtalic anhydrid NA. k212 Abachi wood dust Triplochiton scleroxylon. k213 Pepsin (Sus s Pepsin) Sus scrofa (Sus scrofa domesticus; Sus spp.). k213 TCPA NA. k214 Bougainvillea Bougainvillea spp. k225 Horse radish peroxidase (Arm r HRP) Armoracia rusticana. k226 Ascorbate oxidase (Cuc p ascorbate oxidase) Cucurbita pepo. k301 Flour dust Triticum spp. k501 Savinase customer specific Proprietary knowledge of customer. k502 Lipolase customer specific Proprietary knowledge of customer. k503 Termamyl customer specific Proprietary knowledge of customer. k504 Clazinase customer specific Proprietary knowledge of customer.
    V. Reference

    The following reference is on display in the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically at https://www.regulations.gov. FDA has verified the Web site address, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.

    1. FDA Guidance, “Procedures for Class II Device Exemptions From Premarket Notification, Guidance for Industry and CDRH Staff,” February 19, 1998, available at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf. Dated: July 5, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-14453 Filed 7-10-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. FDA-2016-E-0627 and FDA-2016-E-0629] Determination of Regulatory Review Period for Purposes of Patent Extension; Intercept Blood System for Platelets AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for Intercept Blood System for Platelets and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of applications to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that medical device.

    DATES:

    Anyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by September 11, 2017. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by January 8, 2018. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before September 11, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of September 11, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket Nos. FDA-2016-E-0627 and FDA-2016-E-0629 for “Determination of Regulatory Review Period for Purposes of Patent Extension; INTERCEPT BLOOD SYSTEM FOR PLATELETS.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For medical devices, the testing phase begins with a clinical investigation of the device and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the device and continues until FDA grants permission to market the device. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a medical device will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(3)(B).

    FDA has approved for marketing the medical device Intercept Blood System for Platelets. Intercept Blood System for Platelets is indicated for ex vivo preparation of apheresis platelet components in order to reduce the risk of transfusion-transmitted infection including sepsis, and to potentially reduce the risk of transfusion-associated graft versus host disease. Subsequent to this approval, the USPTO received patent term restoration applications for Intercept Blood System for Platelets (U.S. Patent Nos. 7,037,642 and 7,611,831) from Cerus Corporation, and the USPTO requested FDA's assistance in determining the patents' eligibility for patent term restoration. In a letter dated April 29, 2016, FDA advised the USPTO that this medical device had undergone a regulatory review period and that the approval of Intercept Blood System for Platelets represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for Intercept Blood System for Platelets is 7,080 days. Of this time, 6,909 days occurred during the testing phase of the regulatory review period, while 171 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving this device became effective: August 2, 1995. The applicant claims that the investigational device exemption (IDE) required under section 520(g) of the FD&C Act for human tests to begin became effective on July 26, 1995. However, FDA records indicate that the IDE was determined substantially complete for clinical studies to have begun on August 2, 1995, which represents the IDE effective date.

    2. The date an application was initially submitted with respect to the device under section 515 of the FD&C Act (21 U.S.C. 360e): July 1, 2014. The applicant claims August 15, 2014, as the date the premarket approval application (PMA) for Intercept Blood System for Platelets (PMA BP140143) was initially submitted. However, FDA records indicate that the complete PMA BP140143 was submitted on July 1, 2014.

    3. The date the application was approved: December 18, 2014. FDA has verified the applicant's claims that PMA BP140143 was approved on December 18, 2014.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its applications for patent extension, this applicant seeks 1,640 days or 999 days of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and, under 21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as specified in 21 CFR 60.30, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must be timely (see DATES) and contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to https://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Dockets Management Staff (see ADDRESSES).

    Dated: July 5, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-14455 Filed 7-10-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-2166] Draft Standardization of Pharmaceutical Quality/Chemistry Manufacturing and Control Data Elements and Terminologies; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is requesting comment on the draft standardized Pharmaceutical Quality/Chemistry Manufacturing and Control (PQ/CMC) data elements and terminologies for the electronic submission of PQ/CMC data. The establishment of standardized pharmaceutical quality data elements and terminologies will provide opportunities for FDA and industry to transform PQ/CMC submission data into a readily useable electronic format. As a result, these established data elements and terminologies will improve the efficiency and quality of the drug review process. The Agency is seeking comment on the accuracy, suitability, and appropriateness of these data elements and terminologies for submission of PQ/CMC data. FDA is considering implementing PQ/CMC requirements as a Health Level 7 (HL7) Structured Product Labeling (SPL) document. The proposed data elements and terminologies can be obtained on https://www.regulations.gov in Docket No. FDA-2017-N-2166.

    DATES:

    Submit either electronic or written comments by September 11, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before September 11, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of September 11, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2017-N-2166 for “Draft Standardization of Pharmaceutical Quality/Chemistry Manufacturing and Control Data Elements and Terminologies; Request for Comments.” Received comments, those filed in a timely manner (see DATES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Norman Schmuff, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 21, Rm. 2526, Silver Spring, MD 20993-0002, 301-796-1454; Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911; Norman Gregory, Center for Veterinary Medicine, Food and Drug Administration, 7500 Standish Pl. (HFV-143), Rockville, MD 20855, 240-402-0684; or Michael Kerrigan, Center for Veterinary Medicine, Food and Drug Administration, 7500 Standish Pl. (HFV-143), Rockville, MD 20855, 240-402-0644. Alternatively, send questions to the PQ-CMC mailbox: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    PQ/CMC is a term used to describe manufacturing and testing data of pharmaceutical products. PQ/CMC encompasses topics such as drug stability, quality specification, and batch analysis, which are important aspects of drug development. PQ/CMC plays an integral part in the regulatory review process and life cycle management of pharmaceutical products. The standardization of PQ/CMC data elements and terminologies will facilitate the Agency's transition to an electronic review environment.

    FDA intends to identify and standardize data elements and terminologies for information commonly used and submitted in support of drug product applications. The impetus for this standardization effort was the provisions from the 2012 Food and Drug Administration Safety and Innovation Act (FDASIA) (Pub. L. 112-144), which authorized the Agency to require certain submissions to be in a specified electronic format. The development of a structured format for PQ/CMC data will enable consistency in the content and format of PQ/CMC data submitted, thus providing a harmonized language for submission content, allowing reviewers to query the data, and, in general, contributing to a more efficient and effective regulatory decision-making process by creating a standardized data dictionary.

    After receiving comments, the Agency will consider future actions on the standardization of PQ/CMC data elements and terminologies for electronic submissions.

    II. Electronic Access

    Persons with access to the Internet may obtain the proposed data elements and terminologies at https://www.regulations.gov.

    Dated: July 5, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysys.
    [FR Doc. 2017-14456 Filed 7-10-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel NIAID Resource-Related Research Projects (R24).

    Date: July 31, 2017.

    Time: 12:00 p.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Dharmendar Rathore, Ph.D., Senior Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G30, National Institutes of Health/NIAID, 5601 Fishers Lane, Drive, MSC 9823, Bethesda, MD 20892-9823, 240-669-5058, [email protected]

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Opportunities for Collaborative Research at the NIH Clinical Center (U01).

    Date: August 2, 2017.

    Time: 10:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Roberta Binder, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G21A, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5050, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: July 5, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-14432 Filed 7-10-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Pharmacology.

    Date: July 19, 2017.

    Time: 1:30 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Richard D. Crosland, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4190, MSC 7850, Bethesda, MD 20892, 301-694-7084, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Fellowships: Risk, Prevention, and Health Behavior Overflow.

    Date: July 20, 2017.

    Time: 11:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: John H. Newman, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3222, MSC 7808, Bethesda, MD 20892, (301) 435-0628, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Molecular and Cellular Mechanisms of Neurodegenerative Disease.

    Date: July 26, 2017.

    Time: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Christine A. Piggee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4186, MSC 7850, Bethesda, MD 20892, 301-435-0657, christine.pi[email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: July 5, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-14431 Filed 7-10-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request; The National Institute of Mental Health Data Archive (NDA), (NIMH) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement of the Paperwork Reduction Act of 1995 to provide opportunity for public comment on proposed data collection projects, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Melba Rojas, NIMH Project Clearance Liaison, Science Policy and Evaluation Branch, Office of Science Policy, Planning and Communications, NIMH, Neuroscience Center, 6001 Executive Boulevard, MSC 9667, Bethesda, Maryland 20892, call 301-443-4335, or email your request, including your mailing address, to [email protected] Formal requests for additional plans and instruments must be requested in writing.

    SUPPLEMENTARY INFORMATION:

    Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 requires: written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Proposed Collection Title: The National Institute of Mental Health Data Archive (NDA), REVISION, OMB Control Number 0925-0667, National Institute of Mental Health (NIMH), National Institutes of Health (NIH).

    Need and Use of Information Collection: This REVISION request seeks approval of updates to the previously approved National Database for Autism Research Data Access Request and Data Use Certification documents. The NIMH Data Archive (NDA), formerly known as the National Database for Autism Research (NDAR), is an infrastructure that allows for the submission and storage of human subjects data from researchers conducting studies related to many scientific domains, regardless of the source of funding. The NIH and NIMH developed this resource to allow for the public collection of information from: (1) Individuals who seek permission to access data from the NDA for the purpose of scientific investigation, scholarship or teaching, or other forms of research and research development, via the Data Use Certification (DUC), and (2) individuals who request permission to submit data to the NDA for the purpose of scientific investigation, scholarship or teaching, or other forms of research and research development, via the Data Submission Agreement (DSA). The extensive information stored in the NDA continues to provide a rare and valuable scientific resource to the field, and plays an integral part in fulfilling research objectives in multiple scientific domains. The NIH and the NIMH seek to encourage use of the NDA by investigators in the field of multiple scientific research domains to achieve rapid scientific progress. In order to take full advantage of this resource and maximize its research value, it is important that data are made broadly available, on appropriate terms and conditions, to the largest possible number of investigators.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 1000.

    Estimated Annualized Burden Hours Form name Type of respondents Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total annual
  • burden hours
  • NDA Data Submission Agreement (DSA) Researchers submitting data 250 1 1 hour 250 NDA Data Use Certification (DUC) Researchers requesting access to data 750 1 1 hour 750 Total 1000 1000 1000
    Melba Rojas, Project Clearance Liaison, National Institute of Mental Health, National Institutes of Health.
    [FR Doc. 2017-14451 Filed 7-10-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; T Cell Reagent Resource for the Study of Allergic Diseases (U19).

    Date: August 1-2, 2017.

    Time: 9:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Thomas F. Conway, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G51, National Institutes of Health, NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, 240-507-9685, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: July 5, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-14433 Filed 7-10-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request

    Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a summary of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

    Project: National Mental Health Study Field Test—NEW

    The Substance Abuse and Mental Health Services Administration (SAMHSA) plans to conduct a methodological field test for a potential national mental health study, provisionally named the National Mental Health Study (NMHS). The NMHS will use mental disorder assessments similar to studies last conducted over a decade ago in the National Comorbidity Survey-Replication among adults in 2001-2003 and the National Comorbidity Survey-Adolescent supplement among adolescents in 2001-2002. SAMHSA is collaborating with the National Institute of Mental Health (NIMH) to implement this field test.

    The purpose of the NMHS Field Test is to test the procedures for a potential NMHS. The field test consists of three general components. The first component is sample selection using a household screener. The household screener will be used to determine eligibility of individuals and to make selections of individuals to recruit for participation in the second component. The second component consists of an in-person survey of the selected adult and adolescent respondents. The NMHS procedures vary somewhat between adults (aged 18 or older) and adolescents (aged 13 to 17). For all respondents, the in-person assessment (using either the adult or adolescent instrument) will be conducted primarily using audio computer-assisted self-interviewing (ACASI), with an emphasis on respondents completing the interview in a single session. In addition to the adolescent in-person assessment, parents/legal guardians of adolescent respondents will receive an additional web or phone interviews (the parent instrument). The final component consists of a telephone clinical reappraisal of a selected subgroup of adult and adolescent respondents, with an additional parent/guardian reporting for adolescents.

    The NMHS field test will include 1,200 English speaking respondents—900 adults and 300 adolescents in the United States excluding Alaska and Hawaii. Approximately 210 parents/legal guardians of adolescent respondents will complete an additional parent interview. A subsample of approximately 150 adult and adolescent respondents and 50 parent respondents will complete a telephone-based clinical reappraisal follow-up interview. In addition, a subsample of completed screening and interview cases will be re-contacted for a brief telephone interview to verify that interviewers followed proper protocols when collecting data. The sample size supports testing of field procedures, sampling algorithms, and data processing steps. The total annual burden estimate is shown in the table below.

    Annualized Estimated Burden for the National Mental Health Study Field Test Instrument Number of
  • respondents
  • Responses per
  • respondent
  • Total number of responses Hours per
  • response
  • Total burden hours
    Household Screening 2,331 1 2,331 0.083 193 Interview (including interviews with Adults and Adolescents) 1,200 1 1,200 1.083 1,300 Parent Interview 210 1 210 0.500 105 Clinical Interview 150 1 150 1.000 150 Clinical Parent Interview 50 1 50 0.500 25 Screening Verification 142 1 142 0.067 10 Interview Verification 180 1 180 0.067 12 Total 4,263 4,263 1,795

    Written comments and recommendations concerning the proposed information collection should be sent by August 10, 2017 to the SAMHSA Desk Officer at the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). To ensure timely receipt of comments, and to avoid potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, commenters are encouraged to submit their comments to OMB via email to: [email protected]. Although commenters are encouraged to send their comments via email, commenters may also fax their comments to: 202-395-7285. Commenters may also mail them to: Office of Management and Budget, Office of Information and Regulatory Affairs, New Executive Office Building, Room 10102, Washington, DC 20503.

    Summer King, Statistician.
    [FR Doc. 2017-14374 Filed 7-10-17; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5997-N-32] 30-Day Notice of Proposed Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/Preservation AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: August 10, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette [email protected], or telephone 202-402-3400. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on January 24, 2017 at 82 FR 8200.

    A. Overview of Information Collection

    Title of Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process, Property Inspection/Preservation.

    OMB Approval Number: 2502-0429.

    Type of Request: Revision of currently approved collection.

    Form Number: HUD-27011, HUD-50002, HUD-50012, HUD-9519a, HUD-9539.

    Description of the need for the information and proposed use: This information collection consists of the claims and conveyance process involving mortgage loan servicers; mortgagees, who service Federal Housing Administration “FHA” insured mortgage loans and the mortgagors, who are the homeowners.

    Respondents (i.e., affected public): Servicers of FHA-insured mortgages.

    Estimated Number of Respondents: 357.

    Estimated Number of Responses: 1,198,168.

    Frequency of Response: Monthly.

    Average Hours per Response: 30 minutes.

    Total Estimated Burden: 1,086,582.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: Including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: June 21, 2017. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-14495 Filed 7-10-17; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5998-N-07] 60-Day Notice of Proposed Information Collection: Continuum of Care Homeless Assistance Grant Application—Continuum of Care Registration AGENCY:

    Office of Community Planning and Development, HUD.

    ACTION:

    Notice of proposed information collection.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: September 11, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone (202) 402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Sherri Boyd, Senior Program Specialist, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7264, Washington, DC 20410; telephone (202) 402-6070 (This is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Boyd.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Continuum of Care Program Registration.

    OMB Approval Number: 2506-0182.

    Type of request: Revision.

    Form Number: Not Applicable.

    Description of the need for the information and proposed use: This submission is to request an extension of an Existing Collection in use without an OMB Control Number for the Recordkeeping for HUD's Continuum of Care Program. Continuum of Care Program recipients will be expected to implement and retain the information collection for the recordkeeping requirements. The statutory provisions and implementing interim regulations govern the Continuum of Care Program recordkeeping requirements for recipient and subrecipients and the standard operating procedures for ensuring that Continuum of Care Program funds are used in accordance with the program requirements. To see the regulations for the new CoC Program and applicable supplementary documents, visit HUD's Homeless Resource Exchange at https://www.onecpd.info/resource/2033/hearth-coc-program-interim-rule/.

    Respondents (i.e. affected public): States, units of local governments, private nonprofit organizations, and public housing authorities.

    Estimated Number of Respondents: 410 Respondents.

    Estimated Number of Responses: 410 responses per year.

    Frequency of Response: Once a year.

    Average Hours per Response: Two to three hours per response (two for most applicants and three for UFA applicants).

    Total Estimated Burdens: 1,245 hours.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.

    Dated: June 28, 2017. Ralph Gaines, Principal Deputy Assistant Secretary for Community Planning and Development.
    [FR Doc. 2017-14502 Filed 7-10-17; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5997-N-30] 30-Day Notice of Proposed Information Collection: Application for Mortgage Insurance for Cooperative and Condominium Housing AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: August 10, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Inez C. Downs, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email [email protected], or telephone 202-402-8046. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Downs.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on April 21, 2017 at 82 FR 18766.

    A. Overview of Information Collection

    Title of Information Collection: Application for Mortgage Insurance for Cooperative and Condominium Housing.

    OMB Approval Number: 2502-0141.

    Type of Request: Extension of a currently approved collection.

    Form Number: HUD-93201.

    Description of the need for the information and proposed use: The information collected on the Application for Mortgage Insurance for Cooperative and Condominium Housing form is used to analyze data, cost data, drawings, and specifications to determine cooperative or condominium project eligibility for FHA mortgage insurance.

    Respondents (i.e. affected public): Business or other for profit.

    Estimated Number of Respondents: 20.

    Estimated Number of Responses: 20.

    Frequency of Response: On occasion.

    Average Hours per Response: 4 hours.

    Total Estimated Burden: 80 hours.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: Including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: June 16, 2017. Inez C. Downs, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-14497 Filed 7-10-17; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5997-N-31] 30-Day Notice of Proposed Information Collection: Compliance Inspection Report and Mortgagee's Assurance of Completion AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: August 10, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette [email protected], or telephone 202-402-3400. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on April 21, 2017 at 82 FR 18770.

    A. Overview of Information Collection

    Title of Information Collection: Compliance Inspection Report and Mortgagee's Assurance of Completion.

    OMB Approval Number: 2502-0189.

    Type of Request: Revision of a currently approved collection.

    Form Number: HUD-92051, HUD-92300.

    Description of the need for the information and proposed use: Accurate and thorough property information is critical to the accuracy of underwriting for the mortgage insurance process. This information collection is needed to ensure newly built homes financed with FHA mortgage insurance are constructed in accordance with acceptable building standards and that deficiencies found in newly constructed and existing dwellings are corrected.

    Respondents (i.e., affected public): Business or other for profit.

    Estimated Number of Respondents: 4,674.

    Estimated Number of Responses: 26,969.

    Frequency of Response: On occasion.

    Average Hours per Response: .175.

    Total Estimated Burden: 4,720.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: Including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: June 20, 2017. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-14496 Filed 7-10-17; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5997-N-36] 30-Day Notice of Proposed Information Collection: Condominium Project Approval Document Collection AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: August 10, 2017.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on February 14, 2017 at 82 FR 10586.

    A. Overview of Information Collection

    Title of Information Collection: Condominium Project Approval Document Collection.

    OMB Approval Number: 2502-0610.

    Type of Request: Reinstatement with change of a previously approved collection.

    Form Number: HUD-92541, HUD-935.2c, HUD-93201, and HUD-92544.

    Description of the need for the information and proposed use: The Housing and Economic Recovery Act of 2008 (HERA) moved the insurance of a single unit condominium from Section 234 to Section 203 of the National Housing Act (NHA). This change required that HUD establish new regulations for condominium project and unit approval. To approve a project and/or insure a unit within an FHA-approved project, certain documentation and data are required for review and approval or denial. Therefore, requiring a specific collection item is appropriate. Further, the information collected will be used for performance, risk, market trending, and other analyses.

    Respondents (i.e. affected public): Business and other for profit.

    Estimated Number of Respondents: 10,000.

    Estimated Number of Responses: 10,000.

    Frequency of Response: Biennially.

    Average Hours per Response: 3.

    Total Estimated Burdens: 3,173,000.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including using appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: June 26, 2017. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-14494 Filed 7-10-17; 8:45 am] BILLING CODE 4210-67-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-565 and 731-TA-1341 (Final)] Hardwood Plywood From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-565 and 731-TA-1341 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of hardwood plywood from China, provided for in heading 4412 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized and sold at less-than-fair-value.1

    1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as hardwood and decorative plywood, and certain veneered panels. For Commerce's complete scope, see 82 FR 28629, June 23, 2017.

    DATES:

    Effective June 23, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Drew Dushkes (202-205-3229), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in China of hardwood plywood, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on November 18, 2016, by the Coalition for Fair Trade of Hardwood Plywood.2

    2 The Coalition for Fair Trade of Hardwood Plywood consists of Columbia Forest Products, Greensboro, North Carolina; Commonwealth Plywood Inc., Whitehall, New York; Murphy Plywood Co., Eugene, Oregon; Roseburg Forest Products Co., Roseburg, Oregon; States Industries, Inc., Eugene, Oregon; and Timber Products Company, Springfield, Oregon.

    For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on October 11, 2017, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules.

    Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Thursday, October 26, 2017, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before October 19, 2017. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on October 25, 2017, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing.

    Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is October 18, 2017. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is November 2, 2017. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before November 2, 2017. On November 22, 2017, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before November 27, 2017, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's rules with respect to electronic filing.

    Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.

    In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Authority:

    These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: July 6, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-14499 Filed 7-10-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-563 and 731-TA-1331-1332 (Final)] Finished Carbon Steel Flanges From India and Italy; Supplemental Schedule for the Subject Investigations AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    DATES:

    Effective June 29, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Drew Dushkes (202-205-3229), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Effective February 8, 2017, the Commission established a general schedule for the conduct of the final phase of its investigations on finished carbon steel flanges from India, Italy, and Spain.1 The Department of Commerce's preliminary determinations for imports from India and Italy were published on November 29, 2016 and February 8, 2017.2 The Department of Commerce's final determinations for imports from India and Italy were published on June 29, 2017.3 The Commission, therefore, is issuing a supplemental schedule for its investigations on imports of finished carbon steel flanges from India and Italy.

    1Finished Carbon Steel Flanges from India, Italy and Spain; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 82 FR 11056, February 17, 2017.

    2Finished Carbon Steel Flanges from India: Preliminary Affirmative Countervailing Duty Determination, 81 FR 85928, November 29, 2016; Finished Carbon Steel Flanges from Italy: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 9711, February 8, 2017; Finished Carbon Steel Flanges from India: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 21 FR 9719, February 8, 2017.

    3Finished Carbon Steel Flanges from India: Final Affirmative Countervailing Duty Determination, 82 FR 29479, June 29, 2017; Finished Carbon Steel Flanges from Italy: Final Determination of Sales at Less Than Fair Value, 82 FR 29481, June 29, 2017; Finished Carbon Steel Flanges from India: Final Determination of Sales at Less Than Fair Value, 82 FR 29483, June 29, 2017.

    The Commission's supplemental schedule is as follows: The deadline for filing supplemental party comments on Commerce's final determinations is July 11, 2017; the staff report in the final phase of these investigations will be placed in the nonpublic record on July 21, 2017; and a public version will be issued thereafter.

    Supplemental party comments may address only Commerce's final determinations regarding imports from India and Italy. These supplemental final comments may not contain new factual information and may not exceed five (5) pages in length.

    For further information concerning these investigations see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Authority:

    These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: July 6, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-14498 Filed 7-10-17; 8:45 am] BILLING CODE 7020-02-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (17-049)] NASA Advisory Council; Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the NASA Advisory Council (NAC).

    DATES:

    Thursday, July 27, 2017, 9:00 a.m.-5:15 p.m. EDT. Friday, July 28, 2017, 9:00 a.m.-11:30 a.m. EDT.

    ADDRESSES:

    National Institute of Aerospace, Room 101, 100 Exploration Way, Hampton, VA 23666.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Marla King, NAC Administrative Officer, NASA Headquarters, Washington, DC 20546, (202) 358-1148.

    SUPPLEMENTARY INFORMATION:

    This meeting will be open to the public up to the capacity of the meeting room. This meeting is also available telephonically and by WebEx. You must use a touch-tone phone to participate in this meeting. Any interested person may dial the toll number 1-210-234-0004 or toll free number 1-888-957-9873, and then the numeric passcode: 4568996, followed by the # sign, on both days. Note: If dialing in, please “mute” your phone. To join via WebEx, the link is https://nasa.webex.com/. The meeting number is 993 279 030 and the password is [email protected] (case sensitive) on both days.

    The agenda for the meeting will include reports from the following:

    —Aeronautics Committee —Human Exploration and Operations Committee —Institutional Committee —Science Committee —Technology, Innovation and Engineering Committee —Ad Hoc Task Force on STEM Education

    Attendees will be requested to sign a register. It is imperative that the meeting be held on these dates to the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2017-14500 Filed 7-10-17; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (17-050)] Aerospace Safety Advisory Panel; Meeting AGENCY:

    National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Aerospace Safety Advisory Panel.

    DATES:

    Thursday, July 20, 2017, 11:00 a.m.-12:30 p.m., EDT.

    ADDRESSES:

    NASA Headquarters, Program Review Center, Room 9H40, 300 E Street SW., Washington, DC 20546.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carol Hamilton, Executive Director, Aerospace Safety Advisory Panel, NASA Headquarters, Washington, DC 20546, (202) 358-1857 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The Aerospace Safety Advisory Panel (ASAP) will hold its Third Quarterly Meeting for 2017. This meeting is pursuant to carrying out its statutory duties for which the Panel reviews, identifies, evaluates, and advises on those program activities, systems, procedures, and management activities that can contribute to program risk. Priority is given to those programs that involve the safety of human flight.

    The agenda will include:

    —Updates on the Exploration Systems Development —Updates on the Commercial Crew Program —Updates on the International Space Station Program

    The meeting will be open to the public up to the seating capacity of the room. Seating will be on a first-come basis. This meeting is also available telephonically. Any interested person may dial the toll access number 1-210-234-0044 or the toll free access number 1-888-790-3721, and then the numeric participant passcode: 2453604 followed by the # sign. Attendees will be requested to sign a register and to comply with NASA Headquarters security requirements, including the presentation of a valid picture ID before receiving access to NASA Headquarters. Due to the Real ID Act, Public Law 109-13, any attendees with driver's licenses issued from non-compliant states/territories must present a second form of ID [Federal employee badge; passport; active military identification card; enhanced driver's license; U.S. Coast Guard Merchant Mariner card; Native American tribal document; school identification accompanied by an item from LIST C (documents that establish employment authorization) from the “List of the Acceptable Documents” on Form I-9]. Non-compliant states/territories are: Minnesota and Missouri. Foreign nationals attending this meeting are required to provide a copy of their passport and visa in addition to providing the following information no less than 7 days prior to the meeting: Full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee; and home address to Ms. Carol Hamilton via email at [email protected] To expedite admittance, U.S. citizens and Permanent Residents (green card holders) are requested to provide full name and citizenship status no less than 3 working days prior to the meeting to Ms. Carol Hamilton via email at [email protected] This meeting is taking place with less than 15 calendar days notice due to schedule conflicts that impacted the final agenda. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2017-14501 Filed 7-10-17; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY:

    National Endowment for the Humanities.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The National Endowment for the Humanities will hold seventeen meetings of the Humanities Panel, a federal advisory committee, during August, 2017. The purpose of the meetings is for panel review, discussion, evaluation, and recommendation of applications for financial assistance under the National Foundation on the Arts and Humanities Act of 1965.

    DATES:

    See SUPPLEMENTARY INFORMATION section for meeting dates. The meetings will open at 8:30 a.m. and will adjourn by 5:00 p.m. on the dates specified below.

    ADDRESSES:

    The meetings will be held at Constitution Center at 400 7th Street SW., Washington, DC 20506, unless otherwise indicated.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Voyatzis, Committee Management Officer, 400 7th Street SW., Room 4060, Washington, DC 20506; (202) 606-8322; [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), notice is hereby given of the following meetings:

    1. Date: August 1, 2017. This meeting will discuss applications on the subjects of American Literature and Studies, for the Fellowships grant program, submitted to the Division of Research Programs.

    2. Date: August 1, 2017. This meeting will discuss applications on the subjects of French and Francophone Literature and Studies, for the Fellowships grant program, submitted to the Division of Research Programs.

    3. Date: August 2, 2017. This meeting will discuss applications on the subject of Latin American History, for the Fellowships grant program, submitted to the Division of Research Programs.

    4. Date: August 2, 2017. This meeting will discuss applications on the subjects of Political Science and Jurisprudence, for the Fellowships grant program, submitted to the Division of Research Programs.

    5. Date: August 2, 2017. This meeting will discuss applications on the subjects Media Studies and Performing Arts, for Digital Humanities Advancement Grants, submitted to the Office of Digital Humanities.

    6. Date: August 3, 2017. This meeting will discuss applications on the subject of Scholarly Communications, for Digital Humanities Advancement Grants, submitted to the Office of Digital Humanities.

    7. Date: August 3, 2017. This meeting will discuss applications on the subjects of Anthropology and New World Archaeology, for the Fellowships grant program, submitted to the Division of Research Programs.

    8. Date: August 4, 2017. This meeting will discuss applications on the subject of Religious Studies, for the Fellowships grant program, submitted to the Division of Research Programs.

    9. Date: August 4, 2017. This meeting will discuss applications on the subjects of Public Programs and Education, for Digital Humanities Advancement Grants, submitted to the Office of Digital Humanities.

    10. Date: August 7, 2017. This meeting will discuss applications on the subjects of the History of Science and the Social Sciences, for the Fellowships grant program, submitted to the Division of Research Programs.

    11. Date: August 7, 2017. This meeting will discuss applications on the subject of Art History, for the Fellowships grant program, submitted to the Division of Research Programs.

    12. Date: August 8, 2017. This meeting will discuss applications on the subjects of Medieval and Renaissance Literature and Studies, for the Fellowships grant program, submitted to the Division of Research Programs.

    13. Date: August 8, 2017. This meeting will discuss applications on the subjects of Ancient and Classical Literature and Studies, and Old World Archaeology, for the Fellowships grant program, submitted to the Division of Research Programs.

    14. Date: August 14, 2017. This meeting will discuss applications on the subjects of Digital Collections and Archives, for Digital Humanities Advancement Grants, submitted to the Office of Digital Humanities.

    15. Date: August 14, 2017. This meeting will discuss applications on the subject of Conservation Science, for the Research and Development grant program, submitted to the Division of Preservation and Access.

    16. Date: August 15, 2017. This meeting will discuss applications on the subjects of Geospatial and Visualization, for Digital Humanities Advancement Grants, submitted to the Office of Digital Humanities.

    17. Date: August 17, 2017. This meeting will discuss applications on the subject of Cultural Heritage, for the Research and Development grant program, submitted to the Division of Preservation and Access.

    Because these meetings will include review of personal and/or proprietary financial and commercial information given in confidence to the agency by grant applicants, the meetings will be closed to the public pursuant to sections 552b(c)(4) and 552b(c)(6) of Title 5, U.S.C., as amended. I have made this determination pursuant to the authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee Meetings dated April 15, 2016.

    Dated: July 6, 2017. Elizabeth Voyatzis, Committee Management Officer.
    [FR Doc. 2017-14518 Filed 7-10-17; 8:45 am] BILLING CODE 7536-01-P
    NATIONAL TRANSPORTATION SAFETY BOARD Sunshine Act Meeting Agenda Time and Date:

    9:30 a.m., Tuesday, July 25, 2017.

    Place:

    NTSB Conference Center, 429 L'Enfant Plaza SW., Washington, DC 20594.

    Status:

    The two items are open to the public.

    Matters to be Considered:

    56754 Highway-Railroad Grade Crossing Collision, Valhalla, New York, February 3, 2015 56821 Safety Study Report—Reducing Speeding-Related Crashes Involving Passenger Vehicles News Media Contact:

    Telephone: (202) 314-6100.

    The press and public may enter the NTSB Conference Center one hour prior to the meeting for set up and seating.

    Individuals requesting specific accommodations should contact Rochelle McCallister at (202) 314-6305 or by email at [email protected] by Wednesday, July 19, 2017.

    The public may view the meeting via a live or archived webcast by accessing a link under “News & Events” on the NTSB home page at www.ntsb.gov.

    Schedule updates, including weather-related cancellations, are also available at www.ntsb.gov.

    For More Information Contact:

    Candi Bing at (202) 314-6403 or by email at [email protected]

    For Media Information Contact:

    Eric Weiss at (202) 314-6100 or by email at [email protected] for the Highway-Railroad Report or Keith Holloway at (202) 314-6100 or by email at [email protected] for the Safety Study Report.

    Dated: Thursday, July 6, 2017. Candi R. Bing, Federal Register Liaison Officer.
    [FR Doc. 2017-14548 Filed 7-7-17; 11:15 am] BILLING CODE 7533-01-P
    NUCLEAR REGULATORY COMMISSION [License No. XW008/05; Docket No. 11005323; Docket ID NRC-2017-0156] Diversified Scientific Services, Inc. AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Export license amendment/renewal application; opportunity to comment, request a hearing, and petition for leave to intervene.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) received and is considering issuing an export license amendment/renewal (XW008/05), requested by Diversified Scientific Services, Inc. (DSSI) by application submitted on March 24, 2017. The request seeks the NRC's approval for renewal and amendment of an existing license authorizing the export of radioactive waste to Canada.

    DATES:

    Submit comments by August 10, 2017. Requests for a hearing or a petition for leave to intervene must be filed by August 10, 2017.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0156. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Email comments to: [email protected] If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Andrea Jones, Office of International Programs, telephone: 301-287-9072, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    You may obtain publicly-available information related to this export license application (amendment/renewal) from DSSI action by the following methods:

    Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0156.

    NRC's public Web site: Go to http://www.nrc.gov and search for XW008/05, Docket No. 11005323, Docket ID NRC-2017-0156, or ML17089A176.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The export license application (amendment/renewal) from DSSI is available in ADAMS under Accession No. ML17089A176 and additional information is available in ADAMS under XW008/05 and under Docket No. 11005323.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2017-0156 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Discussion

    In accordance with 10 CFR 110.70(b) the NRC is noticing the receipt of an export license amendment application submitted by Diversified Scientific Services, Inc., on March 29, 2017, for the export of Canadian-origin radioactive waste from the State of Tennessee to Canada. The existing license authorizes the export of up to 420 kilograms of radioactive waste. The amendment/renewal requests an extension of the license for five years, a change to the name of an ultimate consignee, and other minor revisions to the existing license. The NRC is noticing the request to amend/renew the license to export radioactive waste; opening the opportunity for public comment; and opening the opportunity to file a request for a hearing or petition for leave to intervene for 30 days after publication of this notice in the Federal Register. Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. Hearing requests and intervention petitions must include the information specified in 10 CFR 110.82(b).

    A request for a hearing or petition for leave to intervene may be filed with the NRC electronically in accordance with NRC's E-Filing rule promulgated in August 2007 (72 FR 49139; August 28, 2007). Information about filing electronically is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. To ensure timely electronic filing, at least 5 days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by email at [email protected], or by calling 301-415-1677, to request a digital ID certificate and allow for the creation of an electronic docket.

    The information concerning this application for an export license amendment/renewal follows.

    NRC Export License Amendment Application [Description of material] Name of applicant
  • date of application
  • date received
  • application No.
  • docket No.
  • ADAMS accession No.
  • Material type Total quantity End use Country of destination
    Diversified Scientific Services, Inc. (DSSI), March 24, 2017, March 29, 2017, XW008/05, 11005323, ML17089A176 Class A, B, or C radioactive waste 420 kilograms (no change) Amend to: (1) extend the license for five years (from 3/31/2017 to 3/31/2022); (2) change the license point of contact; (3) change the name of ultimate foreign consignee, Atomic Energy of Canada, Limited, to Canadian Nuclear Laboratories; (3) remove reference to Waste Classification as defined in Title 10 of the Code of Federal Regulations (CFR) 61.55, and reference to Table A2 values of 49 CFR 173.435 from the waste description; (4) remove previous references to Import License IW012/05; and (5) allow for the export of Class A, B, and/or C radioactive waste Canada (no change).

    For The Nuclear Regulatory Commission.

    Dated this 3rd day of July 2017 at Rockville, Maryland. Peter Habighorst, Acting Deputy Director, Office of International Programs.
    [FR Doc. 2017-14485 Filed 7-10-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0001] Sunshine Act Meeting Notice Date:

    Weeks of July 10, 17, 24, 31, August 7, 14, 2017.

    Place:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    Status:

    Public and Closed.

    Week of July 10, 2017

    There are no meetings scheduled for the week of July 10, 2017.

    Week of July 17, 2017—Tentative

    There are no meetings scheduled for the week of July 17, 2017.

    Week of July 24, 2017—Tentative

    There are no meetings scheduled for the week of July 24, 2017.

    Week of July 31, 2017—Tentative

    There are no meetings scheduled for the week of July 31, 2017.

    Week of August 7, 2017—Tentative

    There are no meetings scheduled for the week of August 7, 2017.

    Week of August 14, 2017—Tentative

    There are no meetings scheduled for the week of August 14, 2017.

    The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at [email protected]

    The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.

    The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Kimberly Meyer, NRC Disability Program Manager, at 301-287-0739, by videophone at 240-428-3217, or by email at [email protected] Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email [email protected] or [email protected]

    Dated: July 6, 2017. Glenn Ellmers, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2017-14542 Filed 7-7-17; 11:15 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2016-0129] Information Collection: Licenses, Certifications, and Approvals for Nuclear Power Plants AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is titled “Licenses, Certifications, and Approvals for Nuclear Power Plants.”

    DATES:

    Submit comments by August 10, 2017.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Aaron Szabo, Desk Officer, Office of Information and Regulatory Affairs (3150-0151), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-3621, email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: INFOCOLLECTS [email protected].

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2016-0129 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0129.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The supporting statement and burden spreadsheet are available in ADAMS under Accession Nos. ML17171A173 and ML17171A188.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: INFOCOLLECTS [email protected].

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review titled “10 CFR part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on April 4, 2017 (82 FR 16435).

    1. The title of the information collection: 10 CFR part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

    2. OMB approval number: 3150-0151.

    3. Type of submission: Extension.

    4. The form number if applicable: Not applicable.

    5. How often the collection is required or requested: On occasion. Applications are submitted only when licensing action is sought.

    6. Who will be required or asked to respond: Applicants for early site permits (ESPs), standard design approvals (SDAs) and certifications, manufacturing licenses (MLs), and licenses which combine construction permits (CPs) and conditional operating licenses (OLs), e.g., COLs, for commercial nuclear power reactors.

    7. The estimated number of annual responses: 1,175 (1,150 reporting responses plus 25 recordkeepers).

    8. The estimated number of annual respondents: 25.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 243,854 hours (220,414 hours reporting plus 23,440 hours recordkeeping).

    10. Abstract: The licensing processes in part 52 of title 10 of the Code of Federal Regulations (10 CFR) provide for issuance of ESPs, SDAs, MLs, CPs, and COLs for commercial nuclear power reactors. The applicants submit updated reports, applications for renewals, exemption requests and maintain records of changes to the facility and records of detailed design related information. These licensing procedures are options to the two-step licensing process in 10 CFR part 50, which provides for a CP and an OL. The part 52 licensing process places procedural requirements in part 52 and technical requirements in part 50. Part 52 reduces the overall paperwork burden borne by applicants for CPs and OLs because part 52 only requires a single application and provides options for referencing standardized designs. The information in 10 CFR part 52 is needed by the agency to assess the adequacy and suitability of an applicant's site, plant design, construction, training and experience, plans and procedures for the protection of public health and safety.

    Dated at Rockville, Maryland, this 6th day of July 2017.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-14491 Filed 7-10-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-334 and 50-412; NRC-2017-0157] FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Units 1 and 2 AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of amendments to Facility Operating License Nos. 50-334 and 50-412, issued to FirstEnergy Nuclear Operating Company, for operation of the Beaver Valley Power Station (Beaver Valley), Units 1 and 2. The proposed amendments would modify requirements on control and shutdown rods, and rod and bank position indication for Beaver Valley, Unit 2, and make additional, supporting changes to Beaver Valley, Units 1 and 2, Technical Specifications.

    DATES:

    Submit comments by August 10, 2017. A request for a hearing or petition for leave to intervene must be filed by September 11, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2017-0157 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0157. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Booma Venkataraman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2934, email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2017-0157 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0157.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The application for amendments, dated June 30, 2017, is available in ADAMS under Accession No. ML17181A464.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2017-0157 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

    II. Introduction

    The NRC is considering issuance of amendments to Facility Operating License Nos. 50-334 and 50-412, issued to FirstEnergy Nuclear Operating Company, for operation of Beaver Valley, Units 1 and 2, located in Beaver County, Pennsylvania.

    The proposed amendments would modify requirements on control and shutdown rods, and rod and bank position indication for Beaver Valley, Unit 2. The proposed changes are consistent with the NRC-approved Technical Specifications Task Force (TSTF) Traveler TSTF-547-A, Revision 1, “Clarification of Rod Positon Requirements” (ADAMS Package Accession No. ML16012A126). The licensee also proposed additional supporting changes to Beaver Valley, Units 1 and 2, Technical Specifications.

    Before any issuance of the proposed license amendments, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations.

    The NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC's regulations in § 50.92 of title 10 of the Code of Federal Regulations (10 CFR), this means that operation of the facilities in accordance with the proposed amendments would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated?

    Response: No.

    Control and shutdown rods are assumed to insert into the core to shut down the reactor in evaluated accidents. Rod insertion limits ensure that adequate negative reactivity is available to provide the assumed shutdown margin (SDM). Rod alignment and overlap limits maintain an appropriate power distribution and reactivity insertion profile.

    Control and shutdown rods are initiators to several accidents previously evaluated, such as rod ejection. The proposed change does not change the limiting conditions for operation for the rods or make any technical changes to the Surveillance Requirements (SRs) governing the rods. Therefore, the proposed change has no significant effect on the probability of any accident previously evaluated.

    Revising the TS [Technical Specification] Actions to provide a limited time to repair rod movement control has no effect on the SDM assumed in the accident analysis as the proposed Actions require verification that SDM is maintained. The effects on power distribution will not cause a significant increase in the consequences of any accident previously evaluated as all TS requirements on power distribution continue to be applicable.

    Revising the TS Actions to provide an alternative to frequent use of the moveable incore detector system to verify the position of rods with inoperable rod position indicator does not change the requirement for the rods to be aligned and within the insertion limits.

    Therefore, the assumptions used in any accidents previously evaluated are unchanged and there is no significant increase in the consequences.

    The proposed change to resolve the conflicts in the TS ensure that the intended Actions are followed when equipment is inoperable. Actions taken with inoperable equipment are not assumptions in the accidents previously evaluated and have no significant effect on the consequences.

    The proposed change to eliminate an unnecessary action has no effect on the consequences of accidents previously evaluated as the analysis of those accidents did not consider the use of the action.

    The proposed change to increase consistency within the TS has no effect on the consequences of accidents previously evaluated as the proposed change clarifies the application of the existing requirements and does not change the intent.

    The proposed change to renumber the TS and make other supporting changes has no effect on the probability or consequences of previously evaluated accidents.

    Therefore, the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated.

    2. Does the proposed amendment create the possibility of a new or different kind of accident from any previously evaluated?

    Response: No.

    The proposed change does not involve a physical alteration of the plant (that is, no new or different type of equipment will be installed). The change does not alter assumptions made in the safety analyses. The proposed change does not alter the limiting conditions for operation for the rods or make any technical changes to the SRs governing the rods.

    The proposed change to actions maintains or improves safety when equipment is inoperable and does not introduce new failure modes.

    The proposed change to renumber the TS and make other supporting changes will not create the possibility of a new or different kind of accident from those previously evaluated.

    Therefore, the proposed amendment does not create the possibility of a new or different kind of accident from any previously evaluated.

    3. Does the proposed amendment involve a significant reduction in a margin of safety?

    Response: No.

    The proposed change to allow an alternative method of verifying rod position has no effect on the safety margin as actual rod position is not affected. The proposed change to provide time to repair rods that are Operable but immovable does not result in a significant reduction in the margin of safety because all rods must be verified to be Operable, and all other banks must be within the insertion limits.

    The remaining proposed changes to make the requirements internally consistent and to eliminate unnecessary actions do not affect the margin of safety as the changes do not affect the ability of the rods to perform their specified safety function.

    The proposed change to renumber the TS and make other supporting changes has no effect on a margin of safety.

    Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a no significant hazards consideration.

    The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.

    Normally, the Commission will not issue the amendments until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendments before expiration of the 60-day notice period if the Commission concludes the amendments involve no significant hazards consideration. In addition, the Commission may issue the amendments prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently.

    III. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.

    As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.

    In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.

    Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.

    If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendments and make them immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendments. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendments unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2.

    A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by September 11, 2017. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

    If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.

    IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    For further details with respect to this action, see the application for license amendments dated June 30, 2017.

    Attorney for licensee: David W. Jenkins, FirstEnergy Nuclear Operating Company, FirstEnergy Corporation, 76 South Main Street, Akron, OH 44308.

    NRC Branch Chief: James G. Danna.

    Dated at Rockville, Maryland, this 6th day of July 2017.

    For the Nuclear Regulatory Commission.

    Booma Venkataraman, Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    [FR Doc. 2017-14517 Filed 7-10-17; 8:45 am] BILLING CODE 7590-01-P
    PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Mergers and Transfers Between Multiemployer Plans AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Notice of request for extension of OMB approval.

    SUMMARY:

    The Pension Benefit Guaranty Corporation (PBGC) is requesting that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Mergers and Transfers Between Multiemployer Plans. This notice informs the public of PBGC's request and solicits public comment on the collection of information.

    DATES:

    Comments must be submitted on or before August 10, 2017.

    ADDRESSES:

    Comments should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at [email protected] or by fax to 202-395-6974.

    A copy of PBGC's request may be obtained without charge by writing to the Disclosure Division of the Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, or by calling 202-326-4040 during normal business hours. (TTY and TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4040.) The request is also available at http://www.reginfo.gov.

    FOR FURTHER INFORMATION CONTACT:

    Hilary Duke ([email protected]), Attorney, Regulatory Affairs Group, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington DC 20005-4026; 202-326-4400, extension 3839. TTY and TDD users may call the Federal relay service toll-free at 800-877-8339 and ask to be connected to 202-326-4400, extension 3839.

    SUPPLEMENTARY INFORMATION:

    Section 4231(a) and (b) of the Employee Retirement Income Security Act of 1974 (ERISA) requires plans that are involved in a merger or transfer to give PBGC notice at least 120 days before the transaction and provides that if PBGC determines that specified requirements are satisfied, the transaction will be deemed not to be in violation of ERISA section 406(a) or (b)(2) (dealing with prohibited transactions).

    PBGC's regulation on Mergers and Transfers Between Multiemployer Plans (29 CFR part 4231) sets forth the procedures for giving notice of a merger or transfer under section 4231 and for requesting a determination that a transaction complies with section 4231.

    PBGC uses information submitted by plan sponsors under the regulation to determine whether mergers and transfers conform to the requirements of ERISA section 4231 and the regulation.

    The collection of information under the regulation has been approved by OMB under control number 1212-0022 through July 31, 2017. PBGC is requesting that OMB extend its approval for another three years. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    PBGC estimates that there are 14 transactions each year for which plan sponsors submit notices and approval requests under this regulation. The estimated annual burden of the collection of information is 9.50 hours and $42,800.

    Issued in Washington, DC.

    Deborah Chase Murphy, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.
    [FR Doc. 2017-14438 Filed 7-10-17; 8:45 am] BILLING CODE P
    POSTAL SERVICE Product Change—Priority Mail and First-Class Package Service Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: July 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on July 3, 2017, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Priority Mail & First-Class Package Service Contract 47 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2017-154, CP2017-218.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2017-14421 Filed 7-10-17; 8:45 am] BILLING CODE 7710-12-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81079; File No. SR-NYSE-2017-11] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 2, to Amend Listing Standards for Special Purpose Acquisition Companies to Modify the Initial and Continued Distribution Requirements July 5, 2017. I. Introduction

    On March 20, 2017, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to amend listing standards for Special Purpose Acquisition Companies (“SPACs”) to modify the initial and continued distribution requirements, and to make other minor changes. The proposed rule change was published for comment in the Federal Register on April 6, 2017.3 The Commission received no comments on the proposal. On May 19, 2017, the Commission designated a longer period for Commission action until July 5, 2017.4 On May 23, 2017, NYSE filed Amendment No. 1 to the proposal. On June 19, 2017, NYSE withdrew Amendment No. 1 and filed Amendment No. 2 to, among other things, revise the proposed continued listing distribution standard from a requirement of 300 total stockholders to a requirement of 300 public stockholders.5 The Commission is publishing this notice of Amendment No. 2 and approving the proposed rule change, as modified by Amendment No. 2, on an accelerated basis.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 80358 (March 31, 2017), 82 FR 16865 (April 6, 2017) (“Notice”).

    4See Securities Exchange Act Release No. 80735 (May 19, 2017), 82 FR 24173 (May 25, 2017) (“Extension”).

    5 In Amendment No. 2, the Exchange replaced the proposal in its entirety. Amendment No. 2, in addition to changing the proposed distribution standard to 300 public stockholders, rather than 300 total stockholders as originally proposed, specifies that NYSE Listed Company Manual (“Manual”) Section 802.01A does not apply to SPACs, defines the term “public stockholders,” and corrects typographical errors. Text of Amendment No. 2 is