Federal Register Vol. 82, No.147,

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range35883-36076
FR Document

82_FR_147
Current View
Page and SubjectPDF
82 FR 35991 - Government in the Sunshine Act Meeting NoticePDF
82 FR 35990 - Government in the Sunshine Act Meeting NoticePDF
82 FR 36007 - Sunshine Act MeetingPDF
82 FR 36076 - List of Countries Requiring Cooperation With an International BoycottPDF
82 FR 36070 - Reallocation of Unused Fiscal Year 2017 Tariff-Rate Quota Volume for Raw Cane SugarPDF
82 FR 36071 - Fiscal Year 2017 Allocation of Additional Tariff-Rate Quota Volume for Raw Cane SugarPDF
82 FR 36067 - United States Passports Invalid for Travel to, in, or Through the Democratic People's Republic of KoreaPDF
82 FR 36065 - Notice of Information Collection Under OMB Emergency Review: Request for Approval To Travel to a Restricted Country or AreaPDF
82 FR 35992 - Job Corps Center Proposed for Closure: Comments RequestedPDF
82 FR 35906 - Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2017 UpdatePDF
82 FR 35906 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; CorrectionPDF
82 FR 35945 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for Duke Energy, LLC-Asheville Steam Electric Plant (Buncombe County, North Carolina) and Roxboro Steam Electric Plant (Person County, North Carolina)PDF
82 FR 35922 - Approval and Promulgation of Implementation Plans; Enhanced Monitoring; CaliforniaPDF
82 FR 35944 - Certain New Chemicals or Significant New Uses; Statements of Findings for April 2017PDF
82 FR 35953 - Information Collection; Statement and Acknowledgment (Standard Form 1413)PDF
82 FR 36030 - Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940PDF
82 FR 36046 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend BX Rules at Chapter IV, Section 6PDF
82 FR 36037 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay the Effective Date of the TotalView and OpenView Depth-of-Book ProductsPDF
82 FR 36057 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Modify the DTC Operational Arrangements Necessary for Securities To Become and Remain Eligible for DTC Services in Order To Clarify and Update Provisions Relating to the Processing of Eligibility Requests and Servicing of Assets on Deposit at DTCPDF
82 FR 36049 - Self-Regulatory Organizations; The Depository Trust Company; National Securities Clearing Corporation; Fixed Income Clearing Corporation; Notice of Filings of Proposed Rule Changes To Adopt the Clearing Agency Risk Management FrameworkPDF
82 FR 36031 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Permit the Listing and Trading of Managed Portfolio Shares; and To List and Trade Shares of the Following Under Proposed Rule 14.11(k): ClearBridge Appreciation ETF; ClearBridge Large Cap ETF; ClearBridge MidCap Growth ETF; ClearBridge Select ETF; and ClearBridge All Cap Value ETFPDF
82 FR 36020 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 1012PDF
82 FR 36017 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options Market Rules at Chapter IV, Section 6PDF
82 FR 35946 - Notice of Agreements FiledPDF
82 FR 35927 - Solicitation of Input From Stakeholder and Public Listening Session Regarding: Capacity Building Grants for Non-Land-Grant Colleges of Agriculture (NLGCA); The Secondary Education, Two-Year Postsecondary Education and Agriculture in the K-12 Classroom Challenge Grants Program (SPECA); The Women and Minorities in Science, Technology, Engineering, and Mathematics Fields Program (WAMS); The Higher Education Challenge Grants Program (HEC)PDF
82 FR 35929 - Wooden Bedroom Furniture, From the People's Republic of China; Partial Rescission of Antidumping Duty Administrative ReviewPDF
82 FR 35984 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as AmendedPDF
82 FR 35928 - Solicitation of Input From Stakeholders Regarding the Higher Education Multicultural Scholars Program (MSP) and the National Needs Graduate and Postgraduate Fellowship (NNF) Grants Program: Stakeholder and Public Listening SessionPDF
82 FR 36067 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Casanova: The Seduction of Europe” ExhibitionPDF
82 FR 35898 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972PDF
82 FR 35935 - Submission for OMB Review; Comment RequestPDF
82 FR 35953 - Submission for OMB Review; Comment RequestPDF
82 FR 35900 - Safety Zone; South Branch of the Chicago River, Chicago, ILPDF
82 FR 35986 - Lost Hills Solar Project, Kern County, California; Draft Environmental Assessment and Draft Habitat Conservation PlanPDF
82 FR 35988 - General Conservation Plan for Oil and Gas Activities in Santa Barbara County, California; Notice of Intent To Prepare a Draft Environmental Analysis/Document; Initiation of Public Scoping ProcessPDF
82 FR 35900 - Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, ILPDF
82 FR 35980 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0030PDF
82 FR 35979 - Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0002PDF
82 FR 35933 - Northwest Atlantic Fisheries Organization Consultative Committee Nominations and Meeting AnnouncementPDF
82 FR 36072 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
82 FR 35985 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Action on an Approved Application or PetitionPDF
82 FR 35940 - Combined Notice of FilingsPDF
82 FR 35947 - Proposed Agency Information Collection Activities; Comment RequestPDF
82 FR 36068 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “After Darkness: Southeast Asian Art in the Wake of History” ExhibitionPDF
82 FR 35938 - Environmental Management Site-Specific Advisory Board, Oak Ridge ReservationPDF
82 FR 35939 - Environmental Management Site-Specific Advisory Board, PaducahPDF
82 FR 35939 - Biomass Research and Development Technical Advisory CommitteePDF
82 FR 36006 - Draft Test Plan High Energy Arcing Faults Phase 2PDF
82 FR 35981 - Agency Information Collection Activities: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment ProvisionsPDF
82 FR 35982 - Agency Information Collection Activities: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security FilingPDF
82 FR 35971 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; De Novo Classification Process (Evaluation of Automatic Class III Designation)PDF
82 FR 35965 - Over-the-Counter Monograph User Fees: Stakeholder MeetingPDF
82 FR 35973 - Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases; Guidance for Industry; AvailabilityPDF
82 FR 35946 - Controlled Carriers Under the Shipping Act of 1984PDF
82 FR 36067 - 30-Day Notice of Proposed Information Collection: Online Application for Nonimmigrant Visa; CorrectionPDF
82 FR 35943 - Combined Notice of Filings #2PDF
82 FR 35940 - Combined Notice of Filings #1PDF
82 FR 35941 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Great Valley Solar 2, LLCPDF
82 FR 35943 - Great Valley Solar 1, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 35942 - Combined Notice of Filings #2PDF
82 FR 35941 - Combined Notice of Filings #1PDF
82 FR 35931 - National Cybersecurity Center of Excellence (NCCoE) Secure Inter-Domain Routing Building BlockPDF
82 FR 35979 - Advisory Committee for Women's Services; Notice of MeetingPDF
82 FR 35991 - Certain Flash Memory Devices and Components Thereof; Notice of Commission Determination Not To Review and Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of the InvestigationPDF
82 FR 35989 - Indian Gaming; Approval of a Tribal-State Class III Gaming Compact in the State of South DakotaPDF
82 FR 36064 - Proposed Collection; Comment RequestPDF
82 FR 36039 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, Consisting of Proposed Amendments to MSRB Rule G-26, on Customer Account Transfers, To Modernize the Rule and Promote a Uniform Customer Account Transfer StandardPDF
82 FR 36010 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade DatePDF
82 FR 36008 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade DatePDF
82 FR 36023 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 515A, MIAX Price Improvement Mechanism (“PRIME”) and PRIME Solicitation Mechanism, Rule 518, Complex Orders, and Rule 519A, Risk Protection MonitorPDF
82 FR 36012 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Adopt Transaction Fees in Connection With the Exchange's Transition to a Fully-Automated Cash Equities MarketPDF
82 FR 36054 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, To Amend Its Listing Standards for Closed-End FundsPDF
82 FR 36033 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for Trading UTP Securities on Pillar, the Exchange's New Trading Technology PlatformPDF
82 FR 36030 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of Direxion Daily Crude Oil Bull 3x Shares and Direxion Daily Crude Oil Bear 3x Shares Under NYSE Arca Equities Rule 8.200PDF
82 FR 36071 - Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO CommitmentsPDF
82 FR 35976 - Request for Letters of Interest for NCI-MATCH LaboratoriesPDF
82 FR 35926 - Fruit and Vegetable Industry Advisory Committee (FVIAC): Notice of Intent To Renew Charter and Call for NominationsPDF
82 FR 35990 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 36032 - Change Finance, PBC, et al.PDF
82 FR 36007 - Postal Rate and Classification ChangesPDF
82 FR 35920 - Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations; WithdrawalPDF
82 FR 35905 - Fisher Houses and Other Temporary Lodging; CorrectionPDF
82 FR 36069 - Request for Comments To Compile the National Trade Estimate Report on Foreign Trade BarriersPDF
82 FR 35934 - Proposed Information Collection; Comment Request; Northeast Region Dealer Purchase ReportsPDF
82 FR 35933 - Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species (HMS) Individual Bluefin Tuna Quota TrackingPDF
82 FR 35975 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of MeetingsPDF
82 FR 35979 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingsPDF
82 FR 35978 - National Cancer Institute; Notice of Closed MeetingPDF
82 FR 35936 - Compliance Bulletin 2017-01: Phone Pay FeesPDF
82 FR 35910 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management AreaPDF
82 FR 36074 - Federal Advisory Committee National Emergency Medical Services Advisory Council (NEMSAC) and Federal Interagency Committee on Emergency Medical Services (FICEMS); Notice of MeetingPDF
82 FR 35962 - Outsourcing Facility Fee Rates for Fiscal Year 2018PDF
82 FR 35954 - Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2018PDF
82 FR 35929 - Notice of Request for Extension of a Currently Approved Information CollectionPDF
82 FR 35957 - Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal Year 2018PDF
82 FR 35966 - Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018PDF
82 FR 35922 - VA Homeless Providers Grant and Per Diem Program; CorrectionPDF
82 FR 35918 - Proposed Modification and Revocation of Multiple Air Traffic Service (ATS) Routes; Northcentral United StatesPDF
82 FR 35924 - Health and Environmental Protection Standards for Uranium and Thorium Mill TailingsPDF
82 FR 35974 - Solicitation of Nominations for Membership on the Secretary's Advisory Committee on Human Research ProtectionsPDF
82 FR 35914 - Airworthiness Directives; Honeywell International Inc. Turbofan EnginesPDF
82 FR 35902 - Loan Guaranty: Vendee Loan FeesPDF
82 FR 35896 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 35890 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 35992 - Importer of Controlled Substances Application: Cambrex High Point, Inc.PDF
82 FR 35911 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 35992 - Notice Pursuant to the National Cooper, Ative Research and Production Act of 1993-Vehicle Safety Communications 5 ConsortiumPDF
82 FR 36075 - Open Meeting of the Taxpayer Advocacy Panel Joint CommitteePDF
82 FR 36068 - Bureau of Political-Military Affairs; Rescission of Statutory Debarment and Reinstatement of Pratt & Whitney Canada Corporation Under the Arms Export Control Act and the International Traffic in Arms RegulationsPDF
82 FR 35995 - Jardon and Howard Technologies, Incorporated; Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for CommentsPDF
82 FR 35974 - Meeting of the National Advisory Committee on Children and DisastersPDF
82 FR 35883 - Supplemental Standards of Ethical Conduct for Employees of the Bureau of Consumer Financial ProtectionPDF
82 FR 35888 - Airworthiness Directives; SOCATA AirplanesPDF

Issue

82 147 Wednesday, August 2, 2017 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Charter Renewals and Requests for Nominations: Fruit and Vegetable Industry Advisory Committee, 35926 2017-16202 Agriculture Agriculture Department See

Agricultural Marketing Service

See

National Institute of Food and Agriculture

See

Rural Business-Cooperative Service

Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: Vehicle Safety Communications 5 Consortium, 35992 2017-16049 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Supplemental Standards of Ethical Conduct for Employees, 35883-35888 2017-15597 NOTICES Compliance Bulletins: Phone Pay Fees, 35936-35938 2017-16188 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedural Justice Informed Alternatives to Contempt, 35953-35954 2017-16254 Coast Guard Coast Guard RULES Safety Zones: Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL, 35900 2017-16248 South Branch of Chicago River, Chicago, IL, 35900-35902 2017-16253 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35979-35981 2017-16246 2017-16247 Commerce Commerce Department See

International Trade Administration

See

National Institute of Standards and Technology

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

Defense Department Defense Department See

Navy Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement and Acknowledgment, 35953 2017-16274
Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Cambrex High Point, Inc., 35992 2017-16058 Employment and Training Employment and Training Administration NOTICES Job Corps Center Proposed for Closure, 35992-35995 2017-16281 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Meetings: Biomass Research and Development Technical Advisory Committee, 35939-35940 2017-16234 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 35938-35939 2017-16236 Environmental Management Site-Specific Advisory Board, Paducah, 35939 2017-16235
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Correction, 35906 2017-16278 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Enhanced Monitoring, 35922-35924 2017-16276 Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings, 35924-35925 2017-16170 NOTICES Certain New Chemicals or Significant New Uses: Statements of Findings for April 2017, 35944-35945 2017-16275 Clean Air Act Operating Permit Program: Petitions for Objection to State Operating Permits for Duke Energy, LLC, 35945-35946 2017-16277 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: SOCATA Airplanes, 35888-35890 2017-15556 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendment, 35890-35898 2017-16100 2017-16104 PROPOSED RULES Air Traffic Service Routes; Establishments, Modifications, and Revocations: Northcentral United States, 35918-35920 2017-16174 Airworthiness Directives: Airbus Airplanes, 35911-35914 2017-16052 Honeywell International Inc. Turbofan Engines, 35914-35918 2017-16148 Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations; Withdrawal, 35920-35921 2017-16198 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 35940-35944 2017-16220 2017-16221 2017-16224 2017-16225 2017-16240 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Great Valley Solar 1, LLC, 35943 2017-16222 Great Valley Solar 2, LLC, 35941 2017-16223 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 35946 2017-16264 Controlled Carriers under Shipping Act of 1984, 35946-35947 2017-16227 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications Epilepsy and Seizure Disorders, 36072-36074 2017-16244 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35947-35952 2017-16239 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Lost Hills Solar Project, Kern County, CA, 35986-35988 2017-16251 Oil and Gas Activities in Santa Barbara County, CA, 35988-35989 2017-16249 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: De Novo Classification Process, 35971-35973 2017-16230 Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018, 35966-35971 2017-16180 Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal Year 2018, 35957-35962 2017-16181 Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2018, 35954-35957 2017-16184 Guidance: Antibacterial Therapies for Patients with Unmet Medical Need for Treatment of Serious Bacterial Diseases, 35973-35974 2017-16228 Meetings: Over-the-Counter Monograph User Fees, 35965-35966 2017-16229 Outsourcing Facility Fee Rates for Fiscal Year 2018, 35962-35965 2017-16185 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement and Acknowledgment, 35953 2017-16274 Health and Human Health and Human Services Department See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Meetings: National Advisory Committee on Children and Disasters, 35974 2017-15853 Requests for Nominations: Secretary's Advisory Committee on Human Research Protections, 35974-35975 2017-16156
Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

See

U.S. Customs and Border Protection

NOTICES Determinations, 35984-35985 2017-16260
Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming Approvals: Tribal-State Class III Gaming Compact in State of South Dakota, 35989 2017-16215 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 36075 2017-16014 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wooden Bedroom Furniture, from the People's Republic of China, 35929-35931 2017-16261 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Flash Memory Devices and Components Thereof, 35991 2017-16216 Meetings; Sunshine Act, 35990-35992 2017-16366 2017-16367 2017-16368 Justice Department Justice Department See

Antitrust Division

See

Drug Enforcement Administration

Labor Department Labor Department See

Employment and Training Administration

See

Occupational Safety and Health Administration

NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement and Acknowledgment, 35953 2017-16274 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Federal Advisory Committee National Emergency Medical Services Advisory Council and Federal Interagency Committee on Emergency Medical Services, 36074-36075 2017-16186 National Institute Food National Institute of Food and Agriculture NOTICES Meetings: Capacity Building Grants for Non-Land-Grant Colleges of Agriculture, Secondary Education, Two-Year Postsecondary Education and Agriculture in K-12 Classroom Challenge Grants Program, etc.; Stakeholder and Public Listening Session, 35927-35928 2017-16262 Higher Education Multicultural Scholars Program and National Needs Graduate and Postgraduate Fellowship Grants Program; Stakeholder and Public Listening Session, 35928-35929 2017-16259 National Institute National Institute of Standards and Technology NOTICES National Cybersecurity Center of Excellence Secure Inter-Domain Routing Building Block, 35931-35933 2017-16219 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 35978-35979 2017-16190 National Heart, Lung, and Blood Institute, 35979 2017-16191 National Institute of Diabetes and Digestive and Kidney Diseases, 35975-35976 2017-16192 Requests for Letters of Interest: NCI-MATCH Laboratories, 35976-35978 2017-16203 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Pacific Cod in Western Aleutian Islands District of Bering Sea and Aleutian Islands Management Area, 35910 2017-16187 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species (HMS) Individual Bluefin Tuna Quota Tracking, 35933 2017-16193 Day 8 to 10 Forecast Focus Groups, Interviews and Survey, 35935 2017-16189 Northeast Region Dealer Purchase Reports, 35934-35935 2017-16194 Requests for Nominations; Meetings: Northwest Atlantic Fisheries Organization Consultative Committee, 35933-35934 2017-16245 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 35990 2017-16201 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35935-35936 2017-16255 Navy Navy Department RULES Certifications and Exemptions under International Regulations for Preventing Collisions at Sea, 35898-35900 2017-16257 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Requests for Comments: Draft Test Plan High Energy Arcing Faults Phase 2, 36006-36007 2017-16233 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Permanent Variance and Interim Orders; Applications: Jardon and Howard Technologies, Inc., 35995-36005 2017-15876 Postal Regulatory Postal Regulatory Commission NOTICES Postal Rate and Classification Changes, 36007 2017-16199 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 36007-36008 2017-16301 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35929 2017-16183 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36064-36065 2017-16214 Applications: Change Finance, PBC, et al., 36032-36033 2017-16200 Deregistration Applications, 36030-36031 2017-16273 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 36031-36032 2017-16267 Depository Trust Co., 36057-36064 2017-16269 Depository Trust Co.; National Securities Clearing Corp.; Fixed Income Clearing Corp., 36049-36054 2017-16268 Miami International Securities Exchange, LLC, 36023-36030 2017-16209 Municipal Securities Rulemaking Board, 36039-36046 2017-16213 NASDAQ BX, Inc., 36046-36049 2017-16271 NASDAQ PHLX, LLC, 36020-36023 2017-16266 NASDAQ Stock Market, LLC, 36017-36020, 36037-36039 2017-16265 2017-16270 New York Stock Exchange, LLC, 36008-36009, 36033-36037, 36054-36056 2017-16206 2017-16207 2017-16211 NYSE American, LLC, 36010-36012 2017-16212 NYSE Arca, Inc., 36030 2017-16205 NYSE MKT, LLC, 36012-36017 2017-16208 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Application for Nonimmigrant Visa; Correction, 36067 2017-16226 Request for Approval to Travel to Restricted Country or Area, 36065-36067 2017-16286 Arms Export Control Act and International Traffic in Arms Regulations: Rescission of Statutory Debarment and Reinstatement of Pratt and Whitney Canada Corp., 36068 2017-15969 Culturally Significant Objects Imported for Exhibition: After Darkness: Southeast Asian Art in Wake of History Exhibition, 36068 2017-16238 Casanova: Seduction of Europe, 36067 2017-16258 United States Passports Invalid for Travel to, in, or through Democratic People's Republic of Korea, 36067-36068 2017-16287 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 35979 2017-16217 Surface Transportation Surface Transportation Board RULES Fees for Services Performed in Connection with Licensing and Related Services, 35906-35909 2017-16280 Trade Representative Trade Representative, Office of United States NOTICES Allocation of Additional Tariff-Rate Quota Volume for Raw Cane Sugar, 36071 2017-16288 Hearings: China's Compliance with WTO Commitments, 36071-36072 2017-16204 Reallocation of Unused Fiscal Year 2017 Tariff-Rate Quota Volume for Raw Cane Sugar, 36070-36071 2017-16289 Requests for Comments: National Trade Estimate Report on Foreign Trade Barriers, 36069-36070 2017-16195 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Internal Revenue Service

NOTICES List of Countries Requiring Cooperation with International Boycott, 36076 2017-16290
U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Action on Approved Application or Petition, 35985-35986 2017-16241 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing, 35982-35984 2017-16231 Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions, 35981-35982 2017-16232 Veteran Affairs Veterans Affairs Department RULES Fisher Houses and Other Temporary Lodging; Correction, 35905 2017-16196 Loan Guaranty: Vendee Loan Fees, 35902-35905 2017-16106 PROPOSED RULES VA Homeless Providers Grant and Per Diem Program; Correction, 35922 2017-16179 Reader Aids

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82 147 Wednesday, August 2, 2017 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 5 CFR Part 9401 [Docket No. CFPB-2016-0050] RIN 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Bureau of Consumer Financial Protection AGENCY:

Bureau of Consumer Financial Protection.

ACTION:

Final rule.

SUMMARY:

The Bureau of Consumer Financial Protection (CFPB or Bureau), with the concurrence of the Office of Government Ethics (OGE), is issuing a final rule amending the Supplemental Standards of Ethical Conduct for Employees of the Bureau of Consumer Financial Protection (CFPB Ethics Regulations) involving: Outside employment for covered employees; Bureau employees' ownership or control of certain securities; restrictions on seeking, obtaining, or renegotiating credit or indebtedness; disqualification requirements based on existing credit or indebtedness; and restrictions on participating in matters involving covered entities. The final rule also clarifies and makes minor revisions to certain definitions.

DATES:

This final rule is effective September 1, 2017.

FOR FURTHER INFORMATION CONTACT:

Amber Vail, Senior Ethics Counsel, at (202) 435-7305 or Amy Mertz Brown, Alternate Designated Agency Ethics Official, at (202) 435-7256 at the Legal Division, Consumer Financial Protection Bureau.

SUPPLEMENTARY INFORMATION:

I. Background

On January 10, 2017, the Bureau, with OGE's concurrence, published a proposed rule in the Federal Register, 82 FR 2921, Jan. 10, 2017, proposing to amend the CFPB Ethics Regulations. The proposed rule provided a 30-day comment period, which ended on February 9, 2017. The Bureau did not receive any comments. The rationale for the proposed rule, which the Bureau is now adopting as final, is explained in the preamble at: https://www.federalregister.gov/documents/2017/01/10/2016-31596/supplemental-standards-of-ethical-conduct-for-employees-of-the-bureau-of-consumer-financial.

The Bureau has made six technical changes in the final rule that are not intended to change the substantive meaning of the rule. First, in 5 CFR 9401.102, the Bureau removed the phrase “on a mortgage” from the definition of “indebted to an entity” to clarify that the term includes any type of servicer to whom payments are made. Second, the Bureau replaced the phrase “he or she” with the term “employee” in the definition of “participate” in 5 CFR 9401.102. Third, the Bureau inserted the phrase “or indebtedness” in the section heading of 5 CFR 9401.108 and the subsection heading in § 9401.108(d) to highlight that the restrictions in this section apply to both credit and indebtedness. Fourth, the Bureau added the phrase “or lenders” to the section heading of 5 CFR 9401.109 to clarify that the restrictions in this section apply to both creditors and lenders. The Bureau added the phrase to ensure that the language in the section heading is parallel to the substantive language regarding credit or indebtedness in the text of that section. The revision does not change the substance of the rule. Fifth, the Bureau made a grammatical correction by changing the word “with” to “within” in 5 CFR 9401.111(b)(1). Finally, in several places within the regulation, the Bureau revised the phrase “is or represents a party” to read “is a party or represents a party.” This revision is intended to clarify that the regulation applies when an entity is a party, as well as when an entity is representing a party in a particular matter involving specific parties.

II. Matters of Regulatory Procedure Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (the RFA), requires each agency to consider the potential impact of its regulations on small entities, including small businesses, small governmental units, and small not-for-profit organizations, unless the head of the agency certifies that the rules will not have a significant economic impact on a substantial number of small entities. The Director of the Bureau so certifies. The rule does not impose any obligations or standards of conduct for purposes of analysis under the RFA, and it therefore does not give rise to a regulatory compliance burden for small entities.

Paperwork Reduction Act

The Bureau has determined that this rule does not impose any new recordkeeping, reporting, or disclosure requirements on members of the public that would be collections of information requiring approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 5 CFR Part 9401

Conflict of interests, Government employees.

Authority and Issuance

For the reasons set forth in the preamble, the Bureau, in concurrence with OGE, is amending part 9401 of title 5 of the Code of Federal Regulations as follows:

PART 9401—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION 1. The authority citation for part 9401 is revised to read as follows: Authority:

5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159 (April 12, 1989); 3 CFR, 1898 Comp., p.215, as modified by E.O. 12731, 55 FR 42547 (October 17, 1990); 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403, 2635.502 and 2635.803.

2. Revise § 9401.102 to read as follows:
§ 9401.102 Definitions.

For purposes of this part:

CFPB Ethics Regulations means the supplemental ethics standards set forth in this part.

Control means the possession, direct or indirect, of the power or authority to manage, direct, or oversee.

Credit has the meaning set forth in 12 U.S.C. 5481(7) and as further defined in regulations promulgated by the Bureau to implement that statute. A person may have credit without any outstanding balance owed.

Dependent child has the meaning set forth in 5 CFR 2634.105(d). It includes an employee's son, daughter, stepson, or stepdaughter if:

(1) Unmarried, under the age of 21, and living in the employee's household; or

(2) Claimed as a “dependent” on the employee's income tax return.

Designated Agency Ethics Official (DAEO) means the official within the Bureau that the Director has appointed to coordinate and manage the ethics program at the Bureau, under 5 CFR 2638.104(a). For purposes of this part, the term “DAEO” also includes the Alternate DAEO appointed under 5 CFR 2638.104(d), and a designee of the DAEO or Alternate DAEO unless a particular provision says an authority is reserved to the DAEO.

Director means the Director of the Bureau.

Domestic partner means a person with whom a Bureau employee:

(1) Has a close and committed personal relationship and both parties are at least 18 years of age, are each other's sole domestic partner and intend to remain in the relationship indefinitely, and neither is married to, in a civil union with, or partnered with any other spouse or domestic partner;

(2) Is not related by blood in a manner that would bar marriage under the laws of the jurisdiction in which the employee resides;

(3) Is in a financially interdependent relationship in which both agree to be responsible for each other's common welfare and share in financial obligations; and

(4) Has shared for at least six months the same regular and permanent residence in a committed relationship and both parties intend to do so indefinitely, or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle.

Employee means an employee of the Bureau, other than a special Government employee.

Entity supervised by the Bureau means a person that is subject to the Bureau's supervision authority pursuant to 12 U.S.C. 5514(a)(1) or 5515(a) and in regulations promulgated thereunder, as identified on a list to be maintained by the Bureau.

Indebted or indebtedness means a legal obligation under which an individual or borrower received money or assets on credit, and currently owes payment.

Indebted to an entity means an obligation to make payments to an entity as a result of an indebtedness, whether originally made with that entity or with another entity. This includes without limitation, a servicer to whom payments are made.

OGE Standards mean the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635.

Participate means personal and substantial participation and has the meaning set forth in 5 CFR 2635.402(b)(4). An employee participates when, for example, the employee makes a decision, gives approval or disapproval, renders advice, provides a recommendation, conducts an investigation or examination, or takes an official action in a particular matter, and such involvement is of significance to the matter. It requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue.

Particular matter has the meaning set forth in 5 CFR 2635.402(b)(3). The term includes a matter that involves deliberation, decision, or action and is focused upon the interests of specific persons or a discrete and identifiable class of persons. It may include governmental action such as legislation, regulations, or policy-making that is narrowly focused on the interests of a discrete and identifiable class of persons.

Particular matter involving specific parties has the meaning set forth in 5 CFR 2641.201(h). Such a matter typically involves a specific proceeding affecting the legal rights of the parties or an isolatable transaction or related set of transactions between identified parties. The term includes without limitation, a contract, audit, enforcement action, examination, investigation, litigation proceeding, or request for a ruling.

Person has the same meaning set forth in 5 CFR 2635.102(k). It includes without limitation, an individual, corporation and subsidiaries it controls, company, association, firm, partnership, society, joint stock company, or any other organization or institution.

Practice of law means the provision of legal advice or services where there is a client relationship of trust or reliance. One is presumed to be practicing law when engaging in any of the following conduct on behalf of another:

(1) Preparing any legal document, including any deeds, mortgages, assignments, discharges, leases, trust instruments, or any other instruments intended to affect interests in real or personal property, wills, codicils, instruments intended to affect the disposition of property of decedents' estates, other instruments intended to affect or secure legal rights, and contracts except routine agreements incidental to a regular course of business;

(2) Preparing or expressing legal opinions;

(3) Appearing or acting as an attorney in any tribunal;

(4) Preparing any claims, demands or pleadings of any kind, or any written documents containing legal argument or interpretation of law, for filing in any court, administrative agency, or other tribunal;

(5) Providing advice or counsel as to how any of the activities described in paragraphs (1) through (4) of this definition might be done, or whether they were done, in accordance with applicable law; or

(6) Furnishing an attorney or attorneys, or other persons, to render the services described in paragraphs (1) through (5) of this definition.

Security means an interest in debt or equity instruments. The term includes without limitation, secured and unsecured bonds, debentures, notes, securitized assets, commercial papers, and preferred and common stock. The term encompasses both current and contingent ownership interests; a beneficial or legal interest derived from a trust; a right to acquire or dispose of any long or short position in debt or equity interests; interests convertible into debt or equity interests; and options, rights, warrants, puts, calls, straddles, derivatives, and other similar interests. It does not include deposits; credit union shares; a future interest created by someone other than the employee or the employee's spouse or dependent child; or a right as a beneficiary of an estate that has not been settled.

Special Government employee has the meaning set forth in 5 CFR 2635.102(l).

Spouse means an employee's husband or wife by lawful marriage, but does not include an employee's spouse if:

(1) The employee and the employee's spouse are separated;

(2) The employee and the employee's spouse live apart;

(3) There is an intention to end the marriage or separate permanently; and

(4) The employee has no control over the separated spouse's securities.

Vested legal or beneficial interest means a present right or title to property, which carries with it an existing right of alienation, even though the right to possession or enjoyment may be postponed to some uncertain time in the future. This includes a future interest when one has a right, defeasible or indefeasible, to immediate possession or enjoyment of the property, upon the ceasing of another's interest.

3. Revise § 9401.104 to read as follows:
§ 9401.104 Additional rules concerning outside employment for covered employees.

(a) Prohibited outside employment with an entity supervised by the Bureau. A covered employee shall not engage in compensated outside employment for an entity supervised by the Bureau or for an officer, director, or employee of such entity. For purposes of this section, “employment” has the same meaning as set forth in § 9401.103(b).

(b) Use of professional licenses related to real estate. A covered employee who holds a license related to real estate, mortgage brokerage, property appraisals, or real property insurance is prohibited from using such license for the production of income. The DAEO, in consultation with senior management in the Division in which the employee works, may grant a limited waiver to this prohibition based on a written finding that the specific transaction which requires use of the license will not create an appearance of loss of impartiality or use of public office for private gain.

(c) Definition of covered employee. For purposes of this section, “covered employee” means:

(1) An employee in the Division of Supervision, Enforcement, and Fair Lending;

(2) An employee serving in an attorney position;

(3) An employee in the Office of Research, serving as a section chief at Bureau pay band 71 or above or as a senior economist in the Compliance Analytics and Policy Section;

(4) An employee serving in the Office of Consumer Response in an investigations position;

(5) An employee required to file a Public Financial Disclosure Report (OGE Form 278e) under 5 CFR part 2634; or

(6) Any other Bureau employee specified in a Bureau order or directive whose duties and responsibilities, as determined by the DAEO, require application of the prohibition on outside employment contained in this section to ensure public confidence that the Bureau's programs are conducted impartially and objectively.

4. Amend § 9401.105 by revising paragraphs (a) introductory text, (a)(1), (b)(1), and (b)(2) to read as follows:
§ 9401.105 Additional rules concerning outside employment for Bureau attorneys.

(a) Prohibited outside practice of law. In addition to the prior approval requirements under § 9401.103 and the outside employment restrictions under § 9401.104, an employee serving in an attorney position shall not engage in the practice of law outside the employee's official Bureau duties that might require the attorney to:

(1) Take a position that is or appears to be in conflict with the interests of the Bureau; or

(b) * * *

(1) In those matters in which the attorney has participated personally and substantially as a Government employee; or

(2) In those matters which are the subject of the attorney's official responsibility.

5. Revise § 9401.106 to read as follows:
§ 9401.106 Prohibited financial interests.

(a) Prohibited interests. Except as permitted by this section, an employee or an employee's spouse or minor child shall not own or control a security in:

(1) An entity supervised by the Bureau; or

(2) A collective investment fund that has a stated policy of concentrating its investments in the financial services or banking industry. A collective investment fund includes, without limitation, mutual funds, unit investment trusts (UITs), exchange traded funds (ETFs), real estate investment trusts (REITs), and limited partnerships.

(b) Exceptions. Interests prohibited in paragraph (a) of this section do not include the ownership or control of a security in:

(1) Collective investment funds. A publicly traded or publicly available collective investment fund if:

(i) The fund does not have a stated policy of concentrating its investments in the financial services or banking industry; and

(ii) Neither the employee nor the employee's spouse or minor child exercises or has the ability to exercise control over or selection of the financial interests held by the fund.

(2) Diversified employee benefit plans. A pension or other retirement fund, trust, or plan established or maintained by an employer or an employee organization, or both, to provide its participants with medical, disability, death, unemployment, or vacation benefits, training programs, day care centers, scholarship funds, prepaid legal services, deferred income, or retirement income (employee plan), provided:

(i) The employee plan does not have a stated policy of concentrating its investments in any industry, business, single country other than the United States, or bonds of a single State within the United States;

(ii) The investments of the employee plan are administered by an independent trustee;

(iii) The employee plan's trustee has a written policy of varying the plan investments;

(iv) Neither the employee nor the employee's spouse or minor child participates in the selection of the employee plan's investments or designates specific plan investments (except for directing that contributions be divided among several different categories of investments, such as stocks, bonds, or mutual funds, which are available to plan participants); and

(v) The employee plan is not a profit-sharing or stock bonus plan.

(3) Federal retirement and thrift savings plans. Funds administered by the Thrift Plan for Employees of the Federal Reserve System, the Retirement Plan for Employees of the Federal Reserve System, the Thrift Savings Plan, or a Federal government agency.

(4) State pension plans. A pension plan established or maintained by a State government or any political subdivision of a State government for its employees.

(c) Reporting and divestiture of prohibited interests—(1) New employees. Within 30 calendar days from the start of employment with the Bureau, an employee must notify the DAEO in writing of a financial interest prohibited under paragraph (a) of this section that the employee or the employee's spouse or minor child acquired prior to the start of the employee's employment with the Bureau. The employee or the employee's spouse or minor child shall divest prohibited securities within 90 days after the start of the employee's employment at the Bureau.

(2) Newly prohibited interest. Within 30 days after the Bureau updates and internally publishes a new list of entities supervised by the Bureau, an employee who owns or controls, or whose spouse or minor child owns or controls, a security in an entity newly added to that list must notify the DAEO in writing. The employee or the employee's spouse or minor child shall divest prohibited securities within 90 days after internal publication of the new list.

(3) Interests acquired without specific intent. If an employee or an employee's spouse or minor child acquires a financial interest prohibited under paragraph (a) of this section as a result of marriage, inheritance, or otherwise without specific intent to acquire, the employee must notify the DAEO in writing within 30 days of the acquisition. The employee or the employee's spouse or minor child shall divest prohibited securities within 90 days of the acquisition.

(d) Disqualification and divestiture—(1) Securities in entities supervised by the Bureau. If an employee or an employee's spouse or minor child owns or controls a security in an entity that is prohibited under paragraph (a)(1) of this section, the employee shall immediately disqualify himself or herself from participating in all particular matters affecting that entity, unless and until the security is divested or the employee is granted a waiver pursuant to paragraph (e) of this section and the waiver includes an authorization allowing the employee to participate in such matters.

(2) Securities in collective investment funds. If an employee or an employee's spouse or minor child owns or controls a security in a collective investment fund that is prohibited under paragraph (a)(2) of this section, the employee shall immediately disqualify himself or herself from participating in all particular matters affecting one or more holdings of the collective investment fund if the affected holding is invested in the financial services or banking industry, unless and until the collective investment fund is divested or the employee is granted a waiver pursuant to paragraph (e) of this section and the waiver includes an authorization allowing the employee to participate in such matters.

(e) Waivers. Upon request by the employee, the DAEO in the DAEO's sole discretion has the authority to grant an individual waiver under this paragraph. The DAEO's authority to grant an individual waiver under this paragraph may not be delegated to any person except the Alternate DAEO. The DAEO, in consultation with senior management in the Division in which the employee works, may issue a written waiver permitting the employee or the employee's spouse or minor child to own or control a particular security that otherwise would be prohibited by this section, after considering all relevant factors. Relevant factors include, without limitation, whether:

(1) Mitigating circumstances exist due to the way the employee or the employee's spouse or minor child acquired ownership or control of the security. Mitigating circumstances may include without limitation:

(i) The employee or the employee's spouse or minor child acquired the security through inheritance, merger, acquisition, or other change in corporate structure, or otherwise without specific intent on the part of the employee or the employee's spouse or minor child; or

(ii) The employee's spouse received the security as part of a compensation package in connection with employment or prior to marriage to the employee;

(2) The employee makes a prompt and complete written disclosure of the security to the DAEO;

(3) The disqualification of the employee from participating in particular matters pursuant to paragraph (d) of this section, as specified in the written waiver, would not unduly interfere with the full performance of the employee's duties; and

(4) The granting of the waiver would not unduly undermine the public's confidence in the impartiality and objectivity with which:

(i) The employee performs the employee's official Bureau duties; and

(ii) The Division in which the employee works executes its programs and functions.

(f) Covered third party entities. Immediately after becoming aware that a covered third party entity owns or controls a security that an employee would be prohibited from owning or controlling under paragraph (a) of this section, the employee shall report the interest in writing to the DAEO. The DAEO may require the employee to terminate the relationship with the covered third party entity, disqualify himself or herself from certain particular matters, or take other action as necessary to avoid a statutory violation, a violation of the OGE Standards, or the CFPB Ethics Regulations, including an appearance of misuse of position or loss of impartiality. For purposes of this paragraph, “covered third party entity” includes:

(1) A partnership in which the employee or the employee's spouse or minor child is a general partner;

(2) A partnership or closely held corporation in which the employee or the employee's spouse or minor child individually or jointly holds more than a 10 percent equity interest;

(3) A trust in which the employee or the employee's spouse or minor child has a vested legal or beneficial interest;

(4) An investment club or similar informal investment arrangement between the employee or the employee's spouse or minor child, and others;

(5) A qualified profit sharing, retirement, or similar plan in which the employee or the employee's spouse or minor child has an interest; or

(6) An entity in which the employee or the employee's spouse or minor child individually or jointly holds more than a 25 percent equity interest.

6. Revise § 9401.107 to read as follows:
§ 9401.107 Prohibition on acceptance of credit or indebtedness on preferential terms from an entity supervised by the Bureau.

An employee or the employee's spouse or minor child may not accept credit from, become indebted to, or enter into a financial relationship with an entity supervised by the Bureau, unless the credit, indebtedness, or other financial relationship:

(a) Is offered on terms and conditions no more favorable than those offered to the general public; and

(b) Is not otherwise prohibited by law or inconsistent with the OGE Standards or the CFPB Ethics Regulations.

7. Revise § 9401.108 to read as follows:
§ 9401.108 Restrictions on seeking, obtaining, or renegotiating credit or indebtedness from an entity that is a party or represents a party to a matter to which an employee is assigned or may be assigned.

(a) General rules regarding seeking, obtaining, or renegotiating credit or indebtedness—(1) Prohibition. While an employee is assigned to participate in a particular matter involving specific parties, the employee or the employee's spouse or minor child shall not seek, obtain, or renegotiate credit or indebtedness with an entity that is a party or represents a party to the matter. This prohibition also applies to a particular matter involving specific parties pending at the Bureau in which the employee is not currently participating but of which the employee is aware and believes it is likely that the employee will participate.

(2) Cooling off period. The prohibition in paragraph (a)(1) of this section continues for two years after the employee's participation in the particular matter has ended.

(b) Rules regarding credit or indebtedness secured by principal residence. Notwithstanding paragraph (a) of this section, an employee or an employee's spouse or minor child may seek, obtain, or renegotiate credit or indebtedness secured by residential real property with an entity, subject to the following conditions:

(1) The residential real property is or will be the principal residence of the employee or the employee's spouse or minor child;

(2) A minimum of three months have passed since the end of the employee's participation in each particular matter involving specific parties in which that entity was a party or represented a party;

(3) The employee is disqualified from participating in particular matters involving specific parties in which that entity is a party or represents a party while the employee or the employee's spouse or minor child is seeking, obtaining, or renegotiating the credit or indebtedness;

(4) The employee or the employee's spouse or minor child seeking, obtaining, or negotiating the credit or indebtedness must satisfy all financial requirements generally applicable to all applicants for the same type of credit or indebtedness for residential real property; and

(5) The credit or indebtedness is obtained on terms and conditions no more favorable than those offered to the general public.

(c) Specific rules for employee's spouse and minor child. The prohibitions in paragraphs (a) and (b) of this section do not apply when the employee's spouse or minor child is seeking, obtaining, or renegotiating credit or indebtedness and:

(1) The credit or indebtedness is supported only by the income or independent means of the spouse or minor child;

(2) The credit or indebtedness is obtained on terms and conditions no more favorable than those offered to the general public; and

(3) The employee does not participate in the negotiating for the credit or indebtedness or serve as co-maker, endorser or guarantor of the credit or indebtedness.

(d) Disqualification requirement for credit or indebtedness sought by person related to an employee. An employee shall disqualify himself or herself from participating in a particular matter involving specific parties as soon as the employee learns that any of the following persons are seeking, obtaining, or renegotiating credit or indebtedness with an entity that is a party or represents a party to the matter:

(1) The employee's spouse, domestic partner, or dependent child;

(2) A partnership in which the employee or the employee's spouse, domestic partner, or dependent child is a general partner;

(3) A partnership or closely held corporation in which the employee or the employee's spouse, domestic partner, or dependent child individually or jointly owns or controls more than a 10 percent equity interest;

(4) A trust in which the employee or the employee's spouse, domestic partner, or dependent child has a vested legal or beneficial interest;

(5) An investment club or similar informal investment arrangement between the employee or the employee's spouse, domestic partner, or dependent child, and others;

(6) A qualified profit sharing, retirement, or similar plan in which the employee or the employee's spouse, domestic partner, or dependent child has an interest; or

(7) An entity in which the employee or the employee's spouse, domestic partner, or dependent child individually or jointly holds more than a 25 percent equity interest.

(e) Exemptions. The following forms of credit are exempted from the prohibitions in paragraphs (a) and (b) of this section and the disqualification requirement in paragraph (d) of this section, provided the credit is offered on terms and conditions no more favorable than those offered to the general public:

(1) Revolving consumer credit or charge cards;

(2) Overdraft protection on checking accounts and similar accounts; and

(3) The provision of telephone, cable, gas, electricity, water, or other similar utility services provided on credit (i.e., the service is provided before payment is due such that consumers incur debt as they use the service and receive periodic bills for the services used).

(f) Waivers. The DAEO, after consultation with senior management in the Division in which the employee works, may grant a written waiver from the prohibition in paragraphs (a) or (b) of this section or the disqualification requirement in paragraph (d) of this section, based on a determination that participation in matters otherwise prohibited by this section would not be prohibited by law (18 U.S.C. 208) or create an appearance of loss of impartiality or use of public office for private gain, and would not otherwise be inconsistent with the OGE Standards or the CFPB Ethics Regulations.

8. Amend § 9401.109 by revising the section heading, paragraphs (a) introductory text, (a)(5) and (b)(1) through (5) and adding paragraphs (b)(6) and (7) to read as follows:
§ 9401.109 Disqualification of employees from particular matters involving existing creditors or lenders.

(a) Disqualification required. Absent an authorization pursuant to paragraph (d) of this section, an employee shall not participate in a particular matter involving specific parties if the employee is aware that any of the following have credit with or are indebted to an entity that is a party or represents a party to the matter:

(5) A trust in which the employee or the employee's spouse, domestic partner, or dependent child has a vested legal or beneficial interest;

(b) * * *

(1) Revolving consumer credit or charge cards;

(2) Overdraft protection on checking accounts and similar accounts;

(3) Amortizing indebtedness on consumer goods (e.g., automobiles);

(4) Automobile leases for primarily personal (consumer) use vehicles;

(5) The provision of telephone, cable, gas, electricity, water, or other similar utility services provided on credit (i.e., the service is provided before payment is due such that consumers incur debt as they use the service and receive periodic bills for the services used);

(6) Educational loans (e.g., student loans; loans taken out by a parent or guardian to pay for a child's education costs); and

(7) Loans on residential homes (e.g., home mortgages; home equity lines of credit).

9. Revise § 9401.110 to read as follows:
§ 9401.110 Prohibited recommendations.

An employee shall not make recommendations or suggestions, directly or indirectly, concerning the acquisition or sale or other divestiture of a security in an entity supervised by the Bureau, or an entity that is a party or represents a party to a particular matter involving specific parties to which the employee is assigned.

10. Revise § 9401.111 to read as follows:
§ 9401.111 Restriction on participating in matters involving covered entities.

(a) Disqualification required. Absent an authorization pursuant to paragraph (c) of this section, an employee shall not participate in a particular matter involving specific parties if a covered entity is a party or represents a party to the matter.

(b) “Covered entity” defined. For purposes of this section, a “covered entity” includes:

(1) Any person for whom the employee is serving or seeking to serve, or has served within the last year, as officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; or

(2) Any person for whom the employee is aware the employee's spouse, domestic partner, fiancé, child, parent, sibling, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, or member of the employee's household is serving or seeking to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee.

(c) Waivers. The DAEO may authorize the employee to participate in a matter that would require disqualification under paragraph (a) of this section, using the authorization process set forth in 5 CFR 2635.502(d) of the OGE Standards. The DAEO will consult with senior management in the Division in which the employee works before issuing such an authorization.

Dated: July 17, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection.

Approved:

Walter M. Shaub, Jr., Director, Office of Government Ethics.
[FR Doc. 2017-15597 Filed 8-1-17; 8:45 am] BILLING CODE 4810-AM-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0417; Directorate Identifier 2017-CE-008-AD; Amendment 39-18975; AD 2017-15-15] RIN 2120-AA64 Airworthiness Directives; SOCATA Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2002-19-01 for SOCATA Model TBM 700 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the flight control wheel traveling beyond normal roll control limits and jamming in a position that could cause loss of control. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective September 6, 2017.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 6, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of October 29, 2002 (67 FR 59137; September 20, 2002).

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0417; or in person at the Docket 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 service information identified in this AD, contact SOCATA, Direction des services, 65921 Tarbes Cedex 9, France; phone: +33 (0) 5 62 41 73 00; fax: +33 (0) 5 62 41 76 54; email: [email protected]; Internet: https://www.mysocata.com/login/accueil.php. You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2017-0417.

FOR FURTHER INFORMATION CONTACT:

Albert Mercado, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to SOCATA Model TBM 700 airplanes. That NPRM was published in the Federal Register on May 8, 2017 (82 FR 21328), and proposed to supersede AD 2002-19-01, Amendment 39-12881 (67 FR 59137; September 20, 2002) (“AD 2002-19-01”).

The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states that:

An event occurred in 2001 on an in-service aeroplane where, during a pre-flight check of the flight controls, the pilot control wheel jammed in full nose up and full left position after having exceeded the control stop of roll.

This condition, if not corrected, could lead to reduced control of the aeroplane.

Prompted by these findings, SOCATA issued Service Bulletin (SB) 70-095-27 to provide inspection instructions.

To address this unsafe condition, DGAC France issued AD 2001-582(A) to require repetitive inspections of the flight control system after any maintenance operation on flight controls. That AD was later revised to update the list of affected aeroplane MSN.

Since DGAC France AD 2001-582(A) R1 was issued, SOCATA issued Revision 2 of SB 70-095-27 to provide instructions for replacement of the rivets in the roll primary stops as a terminating action for the repetitive inspections.

For the reasons described above, this [EASA] AD, which supersedes DGAC France AD 2001-582(A) R1, requires replacement of the rivets in the roll primary stops of the flight control wheels at the next maintenance operation on flight controls.

The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2017-0417-0002. Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.

Conclusion

We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed except for 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.

Related Service Information Under 1 CFR 51

We reviewed DAHER SOCATA Mandatory Service Bulletin SB 70-095, Revision 2, dated October 2016, which describes procedures for replacement of the flight control wheel primary stop rivets. We also reviewed EADS SOCATA Recommended Service Bulletin SB 70-114, dated December 2004, which describes procedures for installation of roll control emergency stops on the flight control wheel. 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 of the AD.

Differences Between This AD and the Service Information

DAHER SOCATA Mandatory Service Bulletin SB 70-095, Revision 2, dated October 2016, requires a modification that terminates any repetitive inspections and also gives credit for another modification that may have previously been done. We are retaining the repetitive inspection requirement from AD 2002-19-01 and allowing installation of one of the two different modifications as terminating action for the repetitive inspections.

Costs of Compliance

We estimate that this AD will affect 203 products of U.S. registry.

We estimate that it will take about 1 hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the inspection on U.S. operators to be $17,255, or $85 per product.

In addition, we estimate that any necessary follow-on actions will take about 3 work-hours per product. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this action on U.S. operators to be $255 per product. We have no way of determining the number of products that may need these actions.

For the optional actions to terminate the repetitive inspections, we estimate the following costs. We have no way of determining how many operators may choose to do either of the optional actions. For replacement of the rivets in the roll primary stops, we estimate that it will take about 3.5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $10 per product. Based on these figures, for replacement of the rivets we estimate the cost of this action on U.S. operators to be $307.50 per product.

For the installation of a roll control emergency stop on each control wheel, we estimate that it will take about 19.5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $1,650 per product. Based on these figures, for installation of the roll control emergency stop, we estimate the cost of this action on U.S. operators to be $3,307.50 per product.

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 above, I certify this AD:

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

(2) Is not a “significant rule” under the 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.

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-2017-0417; 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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

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 Amendment 39-12881 (67 FR 59137; September 20, 2002) and adding the following new AD: 2017-15-15 SOCATA: Amendment 39-18975; Docket No. FAA-2017-0417; Directorate Identifier 2017-CE-008-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective September 6, 2017.

(b) Affected ADs

This AD supersedes AD 2002-19-01, Amendment 39-12881 (67 FR 59137, September 20, 2002) (“AD 2002-19-01”).

(c) Applicability

This AD applies to SOCATA Model TBM 700 airplanes, serial numbers 1 through 184, 186, 187, 189 through 204, 206, and 207, certificated in any category.

(d) Subject

Air Transport Association of America (ATA) Code 27: Flight Controls.

(e) Reason

This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the flight control wheel traveling beyond normal roll control limits. We are issuing this AD to prevent the flight control wheel from becoming jammed and leading to reduced or loss of control.

(f) Actions and Compliance

Unless already done, do the actions in paragraphs (f)(1) and (2) of this AD or paragraph (f)(3) of this AD:

(1) Within the next 100 hours time-in-service (TIS) after October 29, 2002 (the effective date retained from AD 2002-19-01) and repetitively thereafter every time the flight control system undergoes maintenance, perform a test of the pilot and right-hand (RH) station control wheels to determine if either control wheel becomes jammed following SOCATA TBM Aircraft Mandatory Service Bulletin (SB) 70-095 27, dated November 2001.

(2) If any jamming is found during any test required by paragraph (f)(1) of this AD, before further flight, adjust the roll control stops on either the pilot control wheel or the RH station control wheel following SOCATA TBM Aircraft Mandatory SB 70-095 27, dated November 2001.

(3) To terminate the repetitive inspections required in paragraph (f)(1) of this AD either of the following actions may be done:

(i) Replace the rivets in the roll primary stops of both control wheels following the Accomplishment Instructions in DAHER SOCATA Mandatory SB 70-095, Revision 2, dated October 2016; or

(ii) Install a roll control emergency stop on each control wheel following the Accomplishment Instructions of EADS SOCATA Recommended SB 70-114, dated December 2004.

(g) Credit for Actions Done Following Previous Service Information

If done before September 6, 2017 (the effective date of this AD), this AD allows credit for replacement of the roll primary stop rivets on an airplane as specified in paragraph (f)(3)(i) of this AD following the Accomplishment Instructions of SOCATA TBM Mandatory SB 70-095, original issue or revision 1.

(h) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Albert Mercado, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(i) Related Information

Refer to MCAI EASA AD No.: 2017-0018, dated February 3, 2017. The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2017-0417-0002.

(j) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) 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.

(3) The following service information was approved for IBR on September 6, 2017 (the effective date of this AD).

(i) DAHER SOCATA Mandatory Service Bulletin SB 70-095, Revision 2, dated October 2016.

(ii) EADS SOCATA Recommended Service Bulletin SB 70-114, dated December 2004.

(4) The following service information was approved for IBR on October 29, 2002 (67 FR 59137, September 20, 2002).

(i) SOCATA TBM Aircraft Mandatory SB 70-095 27, dated November 2001.

(ii) Reserved.

(5) For SOCATA service information identified in this AD, contact SOCATA, Direction des services, 65921 Tarbes Cedex 9, France; phone: +33 (0) 5 62 41 73 00; fax: +33 (0) 5 62 41 76 54; email: [email protected]; Internet: https://www.mysocata.com/login/accueil.php.

(6) You may view this service information at FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816-329-4148. In addition, you can access this service information on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0417.

(7) 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 Kansas City, Missouri, on July 19, 2017. Melvin Johnson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2017-15556 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31144; Amdt. No. 3756] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective August 2, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 2, 2017.

ADDRESSES:

Availability of matter incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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/code_of_federal_regulations/ibr_locations.html.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

This amendment provides the affected CFR sections, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on June 30, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows:

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

* * * Effective Upon Publication AIRAC Date State City Airport FDC No. FDC Date Subject 17-Aug-17 MS Greenwood Greenwood-Leflore 7/0297 6/9/17 VOR RWY 5, Amdt 13A. 17-Aug-17 MS Greenwood Greenwood-Leflore 7/0298 6/9/17 ILS OR LOC RWY 18, Amdt 8A. 17-Aug-17 MS Greenwood Greenwood-Leflore 7/0299 6/9/17 RNAV (GPS) RWY 5, Amdt 2. 17-Aug-17 MS Greenwood Greenwood-Leflore 7/0300 6/9/17 RNAV (GPS) RWY 18, Amdt 2A. 17-Aug-17 MS Greenwood Greenwood-Leflore 7/0301 6/9/17 RNAV (GPS) RWY 36, Amdt 1. 17-Aug-17 GA Lawrenceville Gwinnett County-Briscoe Field 7/0630 6/27/17 VOR/DME RWY 7, Amdt 2A. 17-Aug-17 ME Portland Portland Intl Jetport 7/0637 6/14/17 RNAV (GPS) RWY 11, Amdt 4. 17-Aug-17 NY Batavia Genesee County 7/0660 6/8/17 RNAV (GPS) RWY 10, Orig. 17-Aug-17 NC Charlotte Charlotte/Douglas Intl 7/0701 6/21/17 RNAV (GPS) Y RWY 36L, Amdt 1. 17-Aug-17 NC Charlotte Charlotte/Douglas Intl 7/0702 6/21/17 RNAV (GPS) Y RWY 36R, Amdt 4. 17-Aug-17 LA Alexandria Alexandria Intl 7/0759 6/27/17 RNAV (GPS) RWY 36, Orig-A. 17-Aug-17 TX Jacksonville Cherokee County 7/0782 6/8/17 RNAV (GPS) RWY 14, Amdt 1. 17-Aug-17 SC Georgetown Georgetown County 7/0981 6/27/17 RNAV (GPS) RWY 23, Amdt 2. 17-Aug-17 KY Louisville Louisville Intl-Standiford Field 7/1220 6/21/17 RNAV (GPS) Y RWY 35L, Amdt 1B. 17-Aug-17 KY Louisville Louisville Intl-Standiford Field 7/1224 6/21/17 RNAV (GPS) Y RWY 17L, Amdt 1C. 17-Aug-17 KY Louisville Louisville Intl-Standiford Field 7/1227 6/21/17 RNAV (GPS) Y RWY 17R, Amdt 1C. 17-Aug-17 NY Rochester Greater Rochester Intl 7/1339 6/21/17 RNAV (GPS) RWY 4, Amdt 2A. 17-Aug-17 NY Buffalo Buffalo Niagara Intl 7/1340 6/21/17 RNAV (GPS) Y RWY 5, Amdt 2B. 17-Aug-17 NY Buffalo Buffalo Niagara Intl 7/1341 6/21/17 RNAV (GPS) Y RWY 23, Amdt 2B. 17-Aug-17 SC Greer Greenville Spartanburg Intl 7/1472 6/27/17 ILS OR LOC/DME RWY 4, ILS RWY 4 (SA CAT I), ILS RWY 4 (CAT II AND III), Amdt 24. 17-Aug-17 SC Greer Greenville Spartanburg Intl 7/1480 6/27/17 RNAV (GPS) RWY 4, Amdt 2. 17-Aug-17 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 7/1588 6/21/17 RNAV (GPS) Z RWY 30L, Amdt 5. 17-Aug-17 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 7/1589 6/21/17 RNAV (GPS) Z RWY 35, Amdt 4. 17-Aug-17 MN Minneapolis Minneapolis-St Paul Intl/Wold-Chamberlain 7/1590 6/21/17 RNAV (GPS) Z RWY 12L, Amdt 5. 17-Aug-17 TX Lufkin Angelina County 7/1592 6/21/17 VOR RWY 15, Amdt 4. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1606 6/16/17 RNAV (GPS) RWY 17C, Amdt 2A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1607 6/16/17 RNAV (GPS) RWY 17L, Amdt 5. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1608 6/16/17 RNAV (GPS) RWY 17R, Amdt 2A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1609 6/16/17 RNAV (GPS) RWY 18L, Amdt 1A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1612 6/16/17 RNAV (GPS) RWY 18R, Amdt 1A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1614 6/16/17 RNAV (GPS) RWY 35C, Amdt 3A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1616 6/16/17 RNAV (GPS) RWY 35L, Amdt 2A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1619 6/16/17 RNAV (GPS) RWY 35R, Amdt 3A. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1621 6/16/17 RNAV (GPS) RWY 36L, Amdt 3C. 17-Aug-17 TX Dallas-Fort Worth Dallas-Fort Worth Intl 7/1623 6/16/17 RNAV (GPS) RWY 36R, Amdt 3B. 17-Aug-17 TN Nashville Nashville Intl 7/1987 6/21/17 RNAV (GPS) Y RWY 2R, Amdt 2C. 17-Aug-17 TN Nashville Nashville Intl 7/1990 6/21/17 RNAV (GPS) Y RWY 2L, Amdt 3. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2031 6/21/17 RNAV (GPS) RWY 15R, Amdt 2A. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2032 6/21/17 RNAV (GPS) Z RWY 8L, Amdt 5B. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2033 6/21/17 RNAV (GPS) Z RWY 8R, Amdt 4B. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2034 6/21/17 RNAV (GPS) Z RWY 26L, Amdt 4A. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2036 6/21/17 RNAV (GPS) Z RWY 26R, Amdt 4A. 17-Aug-17 TX Houston George Bush Intercontinental/Houston 7/2037 6/21/17 RNAV (GPS) Z RWY 27, Amdt 5. 17-Aug-17 MS Columbus/W Point/Starkville Golden Triangle Rgnl 7/2048 6/9/17 RNAV (GPS) RWY 36, Amdt 1. 17-Aug-17 MO Kansas City Kansas City Intl 7/2051 6/19/17 RNAV (GPS) Y RWY 1R, Amdt 2A. 17-Aug-17 MO Kansas City Kansas City Intl 7/2073 6/19/17 RNAV (GPS) Y RWY 19R, Amdt 2A. 17-Aug-17 AR Fayetteville/Springdale/ Northwest Arkansas Rgnl 7/2074 6/19/17 RNAV (GPS) RWY 34, Amdt 2. 17-Aug-17 AR Fayetteville/Springdale/ Northwest Arkansas Rgnl 7/2075 6/19/17 RNAV (GPS) RWY 16, Amdt 4. 17-Aug-17 CO Grand Junction Grand Junction Regional 7/2260 6/21/17 RNAV (GPS) Y RWY 11, Amdt 1B. 17-Aug-17 FL Pensacola Pensacola Intl 7/2307 6/21/17 RNAV (GPS) RWY 17, Amdt 2C. 17-Aug-17 NH Portsmouth Portsmouth Intl At Pease 7/2345 6/21/17 RNAV (GPS) RWY 16, Amdt 2. 17-Aug-17 CA Santa Maria Santa Maria Pub/Capt G Allan Hancock Fld 7/2346 6/21/17 RNAV (GPS) RWY 12, Amdt 1A. 17-Aug-17 MI Detroit Detroit Metropolitan Wayne County 7/2347 6/19/17 RNAV (GPS) RWY 3R, Amdt 3. 17-Aug-17 MI Detroit Detroit Metropolitan Wayne County 7/2350 6/19/17 RNAV (GPS) RWY 4R, Amdt 3. 17-Aug-17 MI Detroit Detroit Metropolitan Wayne County 7/2362 6/19/17 RNAV (GPS) PRM RWY 4R, Orig. 17-Aug-17 VA Richmond Richmond Intl 7/2368 6/21/17 RNAV (GPS) Z RWY 34, Amdt 1B. 17-Aug-17 AR Rogers Rogers Executive—Carter Field 7/2644 5/26/17 VOR RWY 2, Amdt 13D. 17-Aug-17 AR Rogers Rogers Executive—Carter Field 7/2645 5/26/17 RNAV (GPS) RWY 20, Amdt 1A. 17-Aug-17 FL Avon Park Avon Park Executive 7/2706 6/14/17 RNAV (GPS) RWY 10, Orig-A. 17-Aug-17 FL Avon Park Avon Park Executive 7/2707 6/14/17 RNAV (GPS) RWY 5, Orig-A. 17-Aug-17 OH Wauseon Fulton County 7/2709 6/8/17 Takeoff Minimums and (Obstacle) DP, Amdt 1. 17-Aug-17 AL Mobile Mobile Rgnl 7/2791 6/19/17 RNAV (GPS) RWY 15, Amdt 2A. 17-Aug-17 AL Mobile Mobile Rgnl 7/2792 6/19/17 RNAV (GPS) RWY 33, Amdt 2A. 17-Aug-17 NY Rochester Greater Rochester Intl 7/2794 6/21/17 RNAV (GPS) RWY 22, Amdt 2A. 17-Aug-17 NY New York Long Island Mac Arthur 7/2795 6/21/17 RNAV (GPS) RWY 6, Amdt 2. 17-Aug-17 NH Concord Concord Muni 7/2832 6/21/17 RNAV (GPS) RWY 12, Orig-C. 17-Aug-17 FL Orlando Orlando Intl 7/2874 6/19/17 RNAV (GPS) RWY 17L, Amdt 1. 17-Aug-17 FL Orlando Orlando Intl 7/2878 6/19/17 RNAV (GPS) RWY 17R, Orig-C. 17-Aug-17 FL Orlando Orlando Intl 7/2879 6/19/17 RNAV (GPS) RWY 18R, Amdt 1. 17-Aug-17 FL Orlando Orlando Intl 7/2881 6/19/17 RNAV (GPS) RWY 35L, Amdt 1. 17-Aug-17 FL Orlando Orlando Intl 7/2885 6/19/17 RNAV (GPS) RWY 35R, Amdt 1. 17-Aug-17 NJ Newark Newark Liberty Intl 7/2916 6/27/17 RNAV (GPS) Z RWY 22L, Amdt 2. 17-Aug-17 FL Orlando Executive 7/2974 6/21/17 RNAV (GPS) RWY 7, Amdt 2. 17-Aug-17 TX Houston Ellington 7/2975 6/21/17 RNAV (GPS) RWY 22, Amdt 2B. 17-Aug-17 FL Miami Miami Intl 7/3045 6/21/17 RNAV (GPS) RWY 9, Amdt 1A. 17-Aug-17 FL Miami Miami Intl 7/3046 6/21/17 RNAV (GPS) Z RWY 27, Amdt 3. 17-Aug-17 NY Albany Albany Intl 7/3084 6/19/17 RNAV (GPS) Y RWY 1, Amdt 1A. 17-Aug-17 MA Hyannis Barnstable Muni-Boardman/Polando Field 7/3261 6/27/17 RNAV (GPS) RWY 15, Orig. 17-Aug-17 AR Crossett Z M Jack Stell Field 7/3273 6/8/17 RNAV (GPS) RWY 23, Orig. 17-Aug-17 AR Crossett Z M Jack Stell Field 7/3274 6/8/17 VOR/DME-A, Orig-C. 17-Aug-17 CT Groton (New London) Groton-New London 7/3373 6/19/17 RNAV (GPS) RWY 5, Orig-D. 17-Aug-17 NC Raleigh/Durham Raleigh-Durham Intl 7/3375 6/19/17 RNAV (GPS) Y RWY 23L, Amdt 1A. 17-Aug-17 NC Raleigh/Durham Raleigh-Durham Intl 7/3376 6/19/17 RNAV (GPS) Y RWY 23R, Amdt 1A. 17-Aug-17 NJ Atlantic City Atlantic City Intl 7/3381 6/19/17 RNAV (GPS) Y RWY 13, Amdt 4. 17-Aug-17 OH Dayton James M Cox Dayton Intl 7/3398 6/19/17 RNAV (GPS) Z RWY 6L, Amdt 1B. 17-Aug-17 FL Melbourne Melbourne Intl 7/3480 6/19/17 RNAV (GPS) RWY 9R, Amdt 1A. 17-Aug-17 LA New Orleans Louis Armstrong New Orleans Intl 7/3481 6/21/17 RNAV (GPS) Y RWY 11, Amdt 2A. 17-Aug-17 IA Sioux City Sioux Gateway/Col Bud Day Field 7/3489 6/21/17 RNAV (GPS) RWY 31, Orig-D. 17-Aug-17 MD Baltimore Baltimore/Washington Intl Thurgood Marshall 7/3490 6/21/17 RNAV (GPS) Y RWY 33L, Amdt 4. 17-Aug-17 IA Cedar Rapids The Eastern Iowa 7/3503 6/21/17 RNAV (GPS) RWY 9, Amdt 2A. 17-Aug-17 OH Dayton James M Cox Dayton Intl 7/3565 6/21/17 RNAV (GPS) RWY 24L, Amdt 1B. 17-Aug-17 OH Dayton James M Cox Dayton Intl 7/3576 6/21/17 RNAV (GPS) RWY 18, Amdt 1. 17-Aug-17 LA Shreveport Shreveport Rgnl 7/3581 6/21/17 RNAV (GPS) RWY 14, Amdt 2. 17-Aug-17 LA Baton Rouge Baton Rouge Metropolitan, Ryan Field 7/3590 6/21/17 RNAV (GPS) RWY 22R, Amdt 3. 17-Aug-17 FL Miami Miami Executive 7/3767 6/8/17 ILS OR LOC RWY 9R, Amdt 11B. 17-Aug-17 FL Miami Miami Executive 7/3768 6/8/17 RNAV (GPS) RWY 9R, Amdt 2B. 17-Aug-17 FL Miami Miami Executive 7/3769 6/8/17 RNAV (GPS) RWY 27L, Amdt 2B. 17-Aug-17 GA Lawrenceville Gwinnett County-Briscoe Field 7/3791 6/8/17 RNAV (GPS) RWY 7, Orig-B. 17-Aug-17 MD Ridgely Ridgely Airpark 7/3795 6/9/17 RNAV (GPS) RWY 30, Orig-A. 17-Aug-17 ME Augusta Augusta State 7/3797 6/8/17 VOR RWY 35, Amdt 6. 17-Aug-17 ME Augusta Augusta State 7/3798 6/8/17 RNAV (GPS) RWY 17, Orig. 17-Aug-17 ME Augusta Augusta State 7/3799 6/8/17 ILS OR LOC RWY 17, Amdt 3. 17-Aug-17 MI Muskegon Muskegon County 7/3819 6/8/17 ILS OR LOC RWY 32, Amdt 19. 17-Aug-17 MI Muskegon Muskegon County 7/3820 6/8/17 LOC BC RWY 14, Amdt 9A. 17-Aug-17 AZ Bullhead City Laughlin/Bullhead Intl 7/3821 6/14/17 RNAV (GPS) RWY 16, Amdt 2A. 17-Aug-17 MS Columbia Columbia-Marion County 7/3834 6/8/17 RNAV (GPS) RWY 5, Orig. 17-Aug-17 MS Columbia Columbia-Marion County 7/3835 6/8/17 RNAV (GPS) RWY 23, Amdt 1. 17-Aug-17 AK Elim Elim 7/4069 6/9/17 RNAV (GPS) RWY 1, Orig. 17-Aug-17 AK Elim Elim 7/4077 6/9/17 RNAV (GPS) RWY 19, Orig -A. 17-Aug-17 AK Clarks Point Clarks Point 7/4095 6/9/17 RNAV (GPS) RWY 36, Orig-A. 17-Aug-17 AK Clarks Point Clarks Point 7/4096 6/9/17 RNAV (GPS) RWY 18, Orig-A. 17-Aug-17 AR Arkadelphia Dexter B Florence Memorial Field 7/4207 6/20/17 RNAV (GPS) RWY 22, Orig-A. 17-Aug-17 AR Malvern Malvern Muni 7/4209 6/20/17 RNAV (GPS) RWY 22, Orig-A. 17-Aug-17 AR Manila Manila Muni 7/4212 6/20/17 RNAV (GPS) RWY 18, Amdt 1A. 17-Aug-17 IA Maquoketa Maquoketa Muni 7/4215 6/20/17 RNAV (GPS) RWY 15, Amdt 1A. 17-Aug-17 IL Lacon Marshall County 7/4217 6/20/17 RNAV (GPS) RWY 13, Orig-A. 17-Aug-17 IL Cairo Cairo Rgnl 7/4219 6/20/17 RNAV (GPS) RWY 14, Orig-A. 17-Aug-17 IL Carmi Carmi Muni 7/4221 6/20/17 RNAV (GPS) RWY 36, Orig-B. 17-Aug-17 IL Savanna Tri-Township 7/4222 6/20/17 RNAV (GPS) RWY 13, Orig-B. 17-Aug-17 IN Bedford Virgil I Grissom Muni 7/4224 6/20/17 RNAV (GPS) RWY 31, Amdt 1B. 17-Aug-17 MI Lakeview Lakeview-Griffith Field 7/4226 6/20/17 RNAV (GPS) RWY 10, Orig. 17-Aug-17 MI Grand Ledge Abrams Muni 7/4229 6/20/17 RNAV (GPS) RWY 9, Orig-B. 17-Aug-17 MI East Tawas Iosco County 7/4232 6/20/17 RNAV (GPS) RWY 8, Orig-A. 17-Aug-17 MI Bad Axe Huron County Memorial 7/4233 6/20/17 RNAV (GPS) RWY 22, Orig-A. 17-Aug-17 MI Romeo Romeo State 7/4236 6/20/17 RNAV (GPS) RWY 18, Amdt 1A. 17-Aug-17 MI Romeo Romeo State 7/4239 6/20/17 RNAV (GPS) RWY 36, Amdt 1B. 17-Aug-17 MI Three Rivers Three Rivers Muni Dr Haines 7/4244 6/20/17 RNAV (GPS) RWY 27, Orig-B. 17-Aug-17 MI Houghton Lake Roscommon County-Blodgett Memorial 7/4245 6/20/17 RNAV (GPS) RWY 9, Amdt 2C. 17-Aug-17 MI Houghton Lake Roscommon County-Blodgett Memorial 7/4248 6/20/17 RNAV (GPS) RWY 27, Amdt 1B. 17-Aug-17 MI Ludington Mason County 7/4249 6/20/17 RNAV (GPS) RWY 8, Orig-B. 17-Aug-17 MI South Haven South Haven Area Rgnl 7/4251 6/20/17 RNAV (GPS) RWY 5, Amdt 1C. 17-Aug-17 MI South Haven South Haven Area Rgnl 7/4252 6/20/17 RNAV (GPS) RWY 23, Amdt 1C. 17-Aug-17 MI Menominee Menominee-Marinette Twin County 7/4253 6/20/17 RNAV (GPS) RWY 32, Amdt 1A. 17-Aug-17 MI Mason Mason Jewett Field 7/4254 6/20/17 RNAV (GPS) RWY 10, Orig-B. 17-Aug-17 MI Mason Mason Jewett Field 7/4255 6/20/17 RNAV (GPS) RWY 28, Orig-B. 17-Aug-17 MI Traverse City Cherry Capital 7/4256 6/20/17 RNAV (GPS) RWY 18, Orig-A. 17-Aug-17 MI Detroit Willow Run 7/4257 6/20/17 RNAV (GPS) RWY 5L, Amdt 1A. 17-Aug-17 MN Waseca Waseca Muni 7/4258 6/20/17 RNAV (GPS) RWY 33, Orig-A. 17-Aug-17 MN Minneapolis Flying Cloud 7/4259 6/20/17 RNAV (GPS) RWY 36, Amdt 2A. 17-Aug-17 MO Mountain Grove Mountain Grove Memorial 7/4260 6/20/17 RNAV (GPS) RWY 8, Orig-A. 17-Aug-17 MO Mountain Grove Mountain Grove Memorial 7/4261 6/20/17 RNAV (GPS) RWY 26, Orig-B. 17-Aug-17 MO Springfield Downtown 7/4262 6/20/17 RNAV (GPS)-B, Orig. 17-Aug-17 MO Excelsior Springs Excelsior Springs Memorial 7/4263 6/20/17 RNAV (GPS)-B, Orig. 17-Aug-17 MO Ava Ava Bill Martin Memorial 7/4264 6/20/17 RNAV (GPS) RWY 31, Orig-A. 17-Aug-17 MO Osage Beach Grand Glaize-Osage Beach 7/4267 6/20/17 RNAV (GPS) RWY 14, Amdt 1A. 17-Aug-17 MO Osage Beach Grand Glaize-Osage Beach 7/4269 6/20/17 RNAV (GPS) RWY 32, Amdt 1A. 17-Aug-17 MO Mountain View Mountain View 7/4271 6/20/17 RNAV (GPS) RWY 10, Orig-B. 17-Aug-17 MO Mountain View Mountain View 7/4273 6/20/17 RNAV (GPS) RWY 28, Orig-B. 17-Aug-17 MO Stockton Stockton Muni 7/4275 6/20/17 RNAV (GPS) RWY 1, Orig-A. 17-Aug-17 MO Stockton Stockton Muni 7/4277 6/20/17 RNAV (GPS) RWY 19, Orig-B. 17-Aug-17 OH Millersburg Holmes County 7/4279 6/20/17 RNAV (GPS) RWY 9, Orig. 17-Aug-17 OH Woodsfield Monroe County 7/4281 6/20/17 RNAV (GPS) RWY 25, Orig-A. 17-Aug-17 OH Middlefield Geauga County 7/4282 6/20/17 RNAV (GPS) RWY 29, Orig-A. 17-Aug-17 OH Middlefield Geauga County 7/4283 6/20/17 RNAV (GPS) RWY 11, Orig-A. 17-Aug-17 OH Cambridge Cambridge Muni 7/4285 6/20/17 RNAV (GPS) RWY 22, Orig-B. 17-Aug-17 OH Cambridge Cambridge Muni 7/4287 6/20/17 RNAV (GPS) RWY 4, Orig-B. 17-Aug-17 OH Waverly Pike County 7/4289 6/20/17 RNAV (GPS) RWY 7, Amdt 1. 17-Aug-17 OK Prague Prague Muni 7/4291 6/20/17 RNAV (GPS) RWY 17, Orig-A. 17-Aug-17 TX Devine Devine Muni 7/4294 6/20/17 RNAV (GPS) RWY 35, Orig-A. 17-Aug-17 TX Houston David Wayne Hooks Memorial 7/4297 6/20/17 LOC RWY 17R, Amdt 3C. 17-Aug-17 TX Rocksprings Edwards County 7/4301 6/20/17 VOR RWY 14, Amdt 5A. 17-Aug-17 TX Graford Possum Kingdom 7/4302 6/20/17 RNAV (GPS) RWY 2, Orig-B. 17-Aug-17 TX Graford Possum Kingdom 7/4304 6/20/17 RNAV (GPS) RWY 20, Orig-B. 17-Aug-17 TX Comanche Comanche County-City 7/4306 6/20/17 RNAV (GPS) RWY 35, Orig. 17-Aug-17 WI Burlington Burlington Muni 7/4313 6/20/17 RNAV (GPS) RWY 29, Amdt 1A. 17-Aug-17 WI Burlington Burlington Muni 7/4315 6/20/17 RNAV (GPS) RWY 11, Orig-A. 17-Aug-17 WI Grantsburg Grantsburg Muni 7/4316 6/20/17 RNAV (GPS) RWY 30, Orig-A. 17-Aug-17 KY Mayfield Mayfield Graves County 7/4429 6/8/17 RNAV (GPS) Z RWY 1, Orig. 17-Aug-17 KY Mayfield Mayfield Graves County 7/4430 6/8/17 RNAV (GPS) RWY 19, Amdt 1. 17-Aug-17 KY Mayfield Mayfield Graves County 7/4431 6/8/17 RNAV (GPS) Y RWY 1, Amdt 1. 17-Aug-17 PR San Juan Luis Munoz Marin Intl 7/4470 6/9/17 ILS OR LOC RWY 10, Amdt 6. 17-Aug-17 PR San Juan Luis Munoz Marin Intl 7/4472 6/9/17 VOR OR TACAN RWY 10, Amdt 2. 17-Aug-17 PR San Juan Luis Munoz Marin Intl 7/4474 6/9/17 RNAV (GPS) RWY 10, Amdt 2. 17-Aug-17 OH Cleveland Burke Lakefront 7/4788 6/9/17 RNAV (GPS) RWY 24R, Orig. 17-Aug-17 TX Commerce Commerce Muni 7/4945 6/9/17 RNAV (GPS) RWY 18, Orig-A. 17-Aug-17 TX Commerce Commerce Muni 7/4946 6/9/17 VOR/DME-A, Amdt 3A. 17-Aug-17 TX Commerce Commerce Muni 7/4947 6/9/17 RNAV (GPS) RWY 36, Orig-A. 17-Aug-17 AK Kasigluk Kasigluk 7/5505 6/8/17 RNAV (GPS) RWY 17, Orig-A. 17-Aug-17 AK Kasigluk Kasigluk 7/5506 6/8/17 RNAV (GPS) RWY 35, Orig-A. 17-Aug-17 TN Copperhill Martin Campbell Field 7/5773 6/8/17 RNAV (GPS) RWY 2, Orig. 17-Aug-17 TN Copperhill Martin Campbell Field 7/5775 6/8/17 RNAV (GPS) RWY 20, Orig. 17-Aug-17 NJ Belmar/Farmingdale Monmouth Executive 7/5872 6/8/17 RNAV (GPS) RWY 14, Orig-B. 17-Aug-17 NJ Belmar/Farmingdale Monmouth Executive 7/5873 6/8/17 RNAV (GPS) RWY 32, Orig-A. 17-Aug-17 OH Cleveland Burke Lakefront 7/5992 6/9/17 ILS OR LOC RWY 24R, Amdt 1. 17-Aug-17 TX Athens Athens Muni 7/6474 6/27/17 NDB RWY 35, Amdt 4D. 17-Aug-17 TX Athens Athens Muni 7/6484 6/27/17 RNAV (GPS) RWY 35, Orig. 17-Aug-17 MS Batesville Panola County 7/6489 6/9/17 LOC/DME RWY 19, Amdt 1. 17-Aug-17 MN Rochester Rochester Intl 7/6514 6/8/17 VOR/DME RWY 20, Amdt 14. 17-Aug-17 AR Decatur Crystal Lake 7/6516 6/8/17 VOR/DME RWY 13, Amdt 9. 17-Aug-17 AR Decatur Crystal Lake 7/6517 6/8/17 RNAV (GPS) RWY 13, Orig. 17-Aug-17 AZ Springerville Springerville Muni 7/6540 6/27/17 RNAV (GPS) RWY 21, Amdt 1B. 17-Aug-17 FL West Palm Beach North Palm Beach County General Aviation 7/6693 6/14/17 VOR RWY 8R, Amdt 1C. 17-Aug-17 NC Greensboro Piedmont Triad Intl 7/6715 6/8/17 ILS OR LOC RWY 23L, ILS RWY 23L (CAT II), Amdt 9B. 17-Aug-17 NY Glens Falls Floyd Bennett Memorial 7/6716 6/8/17 RNAV (GPS) RWY 19, Amdt 1A. 17-Aug-17 CA Tracy Tracy Muni 7/6735 6/27/17 RNAV (GPS) RWY 30, Amdt 1. 17-Aug-17 CA Tracy Tracy Muni 7/6736 6/27/17 RNAV (GPS) RWY 12, Amdt 2. 17-Aug-17 OH Columbus Port Columbus Intl 7/6986 6/27/17 Takeoff Minimums and (Obstacle) DP, Amdt 7. 17-Aug-17 CA Big Bear City Big Bear City 7/7099 6/14/17 RNAV (GPS) RWY 26, Amdt 2. 17-Aug-17 CA Los Angeles Los Angeles Intl 7/7306 6/14/17 ILS OR LOC RWY 24L, Amdt 27. 17-Aug-17 NE Gothenburg Quinn Field 7/7342 6/27/17 Takeoff Minimums and (Obstacle) DP, Amdt 1. 17-Aug-17 MS Indianola Indianola Muni 7/7809 6/8/17 RNAV (GPS) RWY 18, Amdt 2. 17-Aug-17 FL St Petersburg-Clearwater St Pete-Clearwater Intl 7/7861 6/14/17 RNAV (GPS) RWY 18, Orig. 17-Aug-17 NJ Lumberton Flying W 7/8140 6/19/17 RNAV (GPS) RWY 19, Amdt 1B. 17-Aug-17 NJ Lumberton Flying W 7/8146 6/19/17 RNAV (GPS) RWY 1, Amdt 1B. 17-Aug-17 AL Birmingham Birmingham-Shuttlesworth Intl 7/8329 6/14/17 RNAV (GPS) Y RWY 6, Amdt 1A. 17-Aug-17 MA Nantucket Nantucket Memorial 7/8388 6/16/17 RNAV (GPS) RWY 24, Amdt 1. 17-Aug-17 AL Mobile Mobile Downtown 7/8433 6/14/17 RNAV (GPS) RWY 32, Amdt 2. 17-Aug-17 DC Washington Washington Dulles Intl 7/8435 6/14/17 RNAV (GPS) RWY 12, Amdt 1B. 17-Aug-17 FL Jacksonville Jacksonville Intl 7/8438 6/14/17 RNAV (GPS) Z RWY 8, Amdt 2A. 17-Aug-17 FL Jacksonville Jacksonville Intl 7/8443 6/14/17 RNAV (GPS) Z RWY 26, Amdt 2B. 17-Aug-17 SC Georgetown Georgetown County 7/8659 6/8/17 NDB RWY 5, Amdt 6. 17-Aug-17 SC Georgetown Georgetown County 7/8660 6/8/17 RNAV (GPS) RWY 5, Orig. 17-Aug-17 TN Crossville Crossville Memorial-Whitson Field 7/9031 6/27/17 ILS Y OR LOC Y RWY 26, Orig-B. 17-Aug-17 TN Crossville Crossville Memorial-Whitson Field 7/9032 6/27/17 ILS Z OR LOC Z RWY 26, Amdt 14B. 17-Aug-17 TN Crossville Crossville Memorial-Whitson Field 7/9033 6/27/17 VOR/DME-A, Amdt 9A. 17-Aug-17 NE Superior Superior Muni 7/9182 6/8/17 RNAV (GPS) RWY 32, Orig-A. 17-Aug-17 WA Pullman/Moscow Pullman/Moscow Rgnl 7/9607 6/27/17 RNAV (GPS) Y RWY 6, Amdt 2D.
[FR Doc. 2017-16100 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31143; Amdt. No. 3755] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective August 2, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 2, 2017.

ADDRESSES:

Availability of matters incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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/code_of_federal_regulations/ibr_locations.html.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Nichols, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making some SIAPs effective in less than 30 days.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on June 30, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows: Effective 17 August 2017 Barrow, AK, Wiley Post-Will Rogers Memorial, ILS OR LOC RWY 7, Amdt 1 Barrow, AK, Wiley Post-Will Rogers Memorial, LOC BC RWY 25, Amdt 1 Barrow, AK, Wiley Post-Will Rogers Memorial, VOR RWY 25, Amdt 1 Dillingham, AK, Dillingham, LOC RWY 19, Amdt 7 Dillingham, AK, Dillingham, RNAV (GPS) RWY 19, Amdt 3 Wainwright, AK, Wainwright, NDB RWY 5, Amdt 1A, CANCELED Wainwright, AK, Wainwright, NDB RWY 23, Amdt 1, CANCELED Anniston, AL, Anniston Rgnl, Takeoff Minimums and Obstacle DP, Amdt 7 Corning, AR, Corning Muni, RNAV (GPS) RWY 18, Orig-B Corning, AR, Corning Muni, RNAV (GPS) RWY 36, Orig-B Corning, AR, Corning Muni, VOR-A, Amdt 2B Magnolia, AR, Ralph C Weiser Field, RNAV (GPS) RWY 18, Orig-A Magnolia, AR, Ralph C Weiser Field, RNAV (GPS) RWY 36, Amdt 1A Arcata/Eureka, CA, California Redwood Coast—Humboldt County, Takeoff Minimums and Obstacle DP, Amdt 8 Ontario, CA, Ontario Intl, ILS OR LOC RWY 26L, ILS RWY 26L (CAT II), ILS RWY 26L (CAT III), Amdt 8 Ontario, CA, Ontario Intl, ILS OR LOC RWY 26R, Amdt 5 Vacaville, CA, Nut Tree, Takeoff Minimums and Obstacle DP, Amdt 5 Immokalee, FL, Immokalee Rgnl, RNAV (GPS) RWY 9, Amdt 1 Immokalee, FL, Immokalee Rgnl, RNAV (GPS) RWY 18, Amdt 1 Immokalee, FL, Immokalee Rgnl, RNAV (GPS) RWY 27, Amdt 1 Immokalee, FL, Immokalee Rgnl, RNAV (GPS) RWY 36, Amdt 1 Immokalee, FL, Immokalee Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2 Immokalee, FL, Immokalee Rgnl, VOR RWY 18, Amdt 7 West Palm Beach, FL, Palm Beach Intl, RNAV (GPS) X RWY 28R, Orig-A Fort Stewart (Hinesville), GA, Wright AAF (Fort Stewart)/Midcoast Rgnl, RNAV (GPS) RWY 33R, Amdt 1 Macon, GA, Middle Georgia Rgnl, ILS OR LOC RWY 5, ILS RWY 5 (SA CAT I), ILS RWY 5 (SA CAT II), Amdt 3 Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 5, Amdt 3 Caldwell, ID, Caldwell Industrial, NDB RWY 30, Amdt 1B, CANCELED Mc Call, ID, Mc Call Muni, PEPUC TWO, Graphic DP Peoria, IL, General Downing—Peoria Intl, ILS OR LOC RWY 4, ILS RWY 4 (SA CAT I), ILS RWY 4 (SA CAT II), Amdt 3 Indianapolis, IN, Indianapolis Rgnl, ILS OR LOC RWY 25, Amdt 3 Gonzales, LA, Louisiana Rgnl, RNAV (GPS) RWY 35, Orig Gaithersburg, MD, Montgomery County Airpark, VOR RWY 14, Amdt 3A, CANCELED Indian Head, MD, Maryland, RNAV (GPS) RWY 2, Amdt 1A Berrien Springs, MI, Andrews University Airpark, RNAV (GPS) RWY 13, Orig Berrien Springs, MI, Andrews University Airpark, RNAV (GPS) RWY 31, Orig Berrien Springs, MI, Andrews University Airpark, VOR-A, Orig, CANCELED Minneapolis, MN, Anoka County-Blaine (Janes Field), ILS OR LOC RWY 27, Orig-B Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 9, Orig-E Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 18, Orig-E Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY 27, Orig-C Minneapolis, MN, Anoka County-Blaine (Janes Field), Takeoff Minimums and Obstacle DP, Amdt 5B Minneapolis, MN, Anoka County-Blaine (Janes Field), VOR RWY 9, Amdt 12C Walker, MN, Walker Muni, RNAV (GPS) RWY 15, Amdt 2 Walker, MN, Walker Muni, RNAV (GPS) RWY 33, Amdt 2 Kansas City, MO, Charles B Wheeler Downtown, ILS OR LOC RWY 3, Amdt 5 Kansas City, MO, Charles B Wheeler Downtown, ILS OR LOC RWY 19, Amdt 24 Kansas City, MO, Charles B Wheeler Downtown, RNAV (GPS) RWY 3, Amdt 3 Kansas City, MO, Charles B Wheeler Downtown, RNAV (GPS) RWY 19, Amdt 1 Kansas City, MO, Charles B Wheeler Downtown, RNAV (GPS) RWY 21, Amdt 2 Kansas City, MO, Charles B Wheeler Downtown, Takeoff Minimums and Obstacle DP, Amdt 4 St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 6, Amdt 1F St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 11, ILS RWY 11 (CAT II), ILS RWY 11 (CAT III), Orig-D St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 12L, ILS RWY 12L (CAT II), ILS RWY 12L (CAT III), Amdt 6B St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 24, Amdt 46B St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 29, Amdt 1D St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 30R, ILS RWY 30R (CAT II), ILS RWY 30R (CAT III), Amdt 10C St Louis, MO, St Louis Lambert Intl, RNAV (GPS) RWY 6, Amdt 1C St Louis, MO, St Louis Lambert Intl, RNAV (GPS) RWY 24, Amdt 1C St Louis, MO, St Louis Lambert Intl, RNAV (GPS) Y RWY 11, Orig-C St Louis, MO, St Louis Lambert Intl, RNAV (GPS) Y RWY 12L, Amdt 2C St Louis, MO, St Louis Lambert Intl, RNAV (GPS) Y RWY 29, Orig-D St Louis, MO, St Louis Lambert Intl, RNAV (GPS) Y RWY 30R, Amdt 1E St Louis, MO, St Louis Lambert Intl, RNAV (RNP) Z RWY 11, Orig-B St Louis, MO, St Louis Lambert Intl, RNAV (RNP) Z RWY 12L, Orig-B St Louis, MO, St Louis Lambert Intl, RNAV (RNP) Z RWY 29, Orig-B St Louis, MO, St Louis Lambert Intl, RNAV (RNP) Z RWY 30R, Orig-B Wilmington, NC, Wilmington Intl, ILS Y OR LOC RWY 6, Amdt 2B Wilmington, NC, Wilmington Intl, ILS Y OR LOC RWY 24, ILS Y RWY 24 (SA CAT I), ILS Y RWY 24 (SA CAT II), Amdt 2 Wilmington, NC, Wilmington Intl, ILS Y OR LOC RWY 35, Amdt 22C Wilmington, NC, Wilmington Intl, ILS Z RWY 6, Orig-B Wilmington, NC, Wilmington Intl, ILS Z RWY 24, Amdt 1 Wilmington, NC, Wilmington Intl, ILS Z RWY 35, Orig-B Wilmington, NC, Wilmington Intl, RADAR-1, Amdt 7A Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 6, AMDT 3B Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 17, Amdt 4A Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 24, Amdt 3 Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 35, Amdt 3C Manchester, NH, Manchester, Takeoff Minimums and Obstacle DP, Amdt 10A Cushing, OK, Cushing Muni, RNAV (GPS) RWY 18, Orig Cushing, OK, Cushing Muni, RNAV (GPS) RWY 36, Amdt 2 Orangeburg, SC, Orangeburg Muni, RNAV (GPS) RWY 35, Amdt 1B Beeville, TX, Chase Field Industrial, RNAV (GPS) RWY 13, Orig Beeville, TX, Chase Field Industrial, RNAV (GPS) RWY 31, Orig Beeville, TX, Chase Field Industrial, Takeoff Minimums and Obstacle DP, Orig Falfurrias, TX, Brooks County, RNAV (GPS) RWY 17, Amdt 1 Falfurrias, TX, Brooks County, RNAV (GPS) RWY 35, Amdt 1 Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY 8L, ILS RWY 8L (CAT II), ILS RWY 8L (CAT III), ILS RWY 8L (SA CAT I), Amdt 4C Tangier, VA, Tangier Island, VOR/DME-A, Orig, SUSPENDED Morrisville, VT, Morrisville-Stowe State, RNAV (GPS)-A, Orig Fairmont, WV, Fairmont Muni-Frankman Field, RNAV (GPS) RWY 23, Amdt 1B Fairmont, WV, Fairmont Muni-Frankman Field, VOR-A, Amdt 1A Wheeling, WV, Wheeling Ohio Co, ILS OR LOC RWY 3, Amdt 23 Wheeling, WV, Wheeling Ohio Co, RNAV (GPS) RWY 3, Amdt 1 Wheeling, WV, Wheeling Ohio Co, RNAV (GPS) RWY 16, Amdt 1 Wheeling, WV, Wheeling Ohio Co, RNAV (GPS) RWY 21, Amdt 1 Wheeling, WV, Wheeling Ohio Co, RNAV (GPS) RWY 34, Amdt 1 Wheeling, WV, Wheeling Ohio Co, VOR RWY 21, Amdt 16
[FR Doc. 2017-16104 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 AGENCY:

Department of the Navy, DoD.

ACTION:

Final rule.

SUMMARY:

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS MANCHESTER (LCS 14) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

DATES:

This rule is effective August 2, 2017 and is applicable beginning July 25, 2017.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Kyle Fralick, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave. SE., Suite 3000, Washington Navy Yard, DC 20374-5066, telephone number: 202-685-5040.

SUPPLEMENTARY INFORMATION:

Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR part 706.

This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS MANCHESTER (LCS 14) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I paragraph 2(a)(i), pertaining to the height of the forward masthead light above the hull; Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead light; Annex I, paragraph 3(c), pertaining to the task light's horizontal distance from the fore and aft centerline of the vessel in the athwartship direction; Rule 21(a) and Annex I, paragraph 9(b), pertaining to the visibility of tasks lights (restricted maneuverability) obstructions; Rule 27(b)(i) and Annex I, paragraph 9(b)(i), pertaining to the arc of visibility of middle tasks lights. The DAJAG (Admiralty and Maritime Law) has also certified that the lights involved are located in closest possible compliance with the applicable 72 COLREGS requirements.

Moreover, it has been determined, in accordance with 32 CFR parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on this vessel in a manner differently from that prescribed herein will adversely affect the vessel's ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and Vessels.

For the reasons set forth in the preamble, the DoN amends part 706 of title 32 of the Code of Federal Regulations as follows:

PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 1. The authority citation for part 706 continues to read as follows: Authority:

33 U.S.C. 1605.

2. Section 706.2 is amended: a. In Table One, by adding in alpha numerical order by vessel number, an entry for USS MANCHESTER (LCS 14); b. In Table Four, under paragraph 15, by adding in alpha numerical order by vessel number, an entry for USS MANCHESTER (LCS 14); c. In Table Four, under paragraph 16, by adding in alpha numerical order by vessel number, an entry for USS MANCHESTER (LCS 14); d. In Table Four, under paragraph 27, by adding in alpha numerical order by vessel number, an entry for USS MANCHESTER (LCS 14); and e. In Table Five, by adding in alpha numerical order by vessel number, an entry for USS MANCHESTER (LCS 14).

The additions read as follows:

§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. Table One Vessel No. Distance in meters
  • of forward masthead
  • light below minimum
  • required height.
  • § 2(a)(i), Annex I
  • *         *         *         *         *         *         * USS MANCHESTER LCS 14 4.3 *         *         *         *         *         *         *
    Table Four *         *         *         *         *         *         *

    15. * * *

    Vessel No. Horizontal distances from the
  • fore and aft centerline of the vessel in the athwartship
  • direction
  • *         *         *         *         *         *         * USS MANCHESTER LCS 14 Upper—0.16 meters.
  • Middle—1.27 meters.
  • Lower—1.24 meters.
  • *         *         *         *         *         *         *

    16. * * *

    Vessel No. Obstruction angle relative ship's headings *         *         *         *         *         *         * USS MANCHESTER LCS 14 72° thru 74°.
  • 286° thru 288°.
  • *         *         *         *         *         *         *

    27. On the following ships, the arc of visibility of the middle task light (restricted maneuverability), required by the rule 27(b)(i) and Annex I, paragraph 9(b)(i), may be obstructed at the following angles relative to ship's heading;

    Vessel No. Obstruction angle relative ship heading USS MANCHESTER LCS 14 47° thru 59°.
  • 301° thru 313°.
  • Table Five Vessel No. Masthead lights
  • not over all
  • other lights and
  • obstructions.
  • Annex I, sec. 2(f)
  • Forward
  • masthead light
  • not in forward
  • quarter of
  • ship.
  • Annex I, sec. 3(a)
  • After masthead
  • light less than
  • 1/2 ship's length
  • aft of forward
  • masthead light. Annex I, sec. 3(a)
  • Percentage
  • horizontal
  • separation
  • attained
  • *         *         *         *         *         *         * USS MANCHESTER LCS 14 X X 14.5 *         *         *         *         *         *         *
    Approved: July 25, 2017. A.S. Janin, Captain, USN, JAGC, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: July 27, 2017. B.D. Corcoran, Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate Federal Register Liaison Officer.
    [FR Doc. 2017-16257 Filed 8-1-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2011-0228] Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 to Mile Marker 296.7 at specified times from July 31, 2017 until September 1, 2017. This action is necessary to protect the waterway and vessels from the potential hazards associated with barge entrainment mitigation trials conducted by the U.S. Fish and Wildlife Service at the U.S. Army Corps of Engineer's electric dispersal barrier.

    DATES:

    The regulations in 33 Code of Federal Regulations (CFR) 165.930 will be enforced from August 2, 2017, through 6 p.m. on September 1, 2017. For purposes of enforcement, actual notice will be used from 8 a.m. on July 31, 2017, through August 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this notice of enforcement, call or email LT John Ramos Waterways Management Division, Marine Safety Unit Chicago, U.S. Coast Guard; telephone 630-986-2155; email address [email protected]

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 165.930. Specifically, the Coast Guard will enforce this safety zone on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 to Mile Marker 296.7. Enforcement will occur on each Monday through Friday from 8 a.m. until 6 p.m., from July 31, 2017 through September 1, 2017. During the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port Lake Michigan or a Captain of the Port Lake Michigan designated representative. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Lake Michigan, or his or her on-scene representative.

    This notice of enforcement is issued under the authority of 33 CFR 165.930 and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Captain of the Port Lake Michigan will also provide notice through other means, which will include Broadcast Notice to Mariners, Local Notice to Mariners, distribution in leaflet form, and on-scene oral notice. Additionally, the Captain of the Port Lake Michigan may notify representatives from the maritime industry through telephonic and email notifications. If the Captain of the Port or a designated representative determines that the regulated area need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via Channel 16, VHF-FM or at (414) 747-7182.

    Dated: July 27, 2017. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
    [FR Doc. 2017-16248 Filed 8-1-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0702] RIN 1625-AA00 Safety Zone; South Branch of the Chicago River, Chicago, IL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River, Chicago, IL. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and after the filming of a scene for a television series, where objects will be thrown off a bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan.

    DATES:

    This rule is effective from 8 p.m. to 11:59 p.m. on August 4, 2017.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0702 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 about this rule, call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, 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 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 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 doing so would be impracticable. The Coast Guard did not receive the final details for this event until there was insufficient time remaining before the event to publish a NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard's ability to protect the public and vessels from the hazards associated with the filming of a scene for a television series, where objects will be thrown off a bridge on August 4, 2017.

    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable.

    III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to establish safety zones: 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.

    On August 4, 2017, the filming of a scene for a television series, where objects will be thrown off a bridge will take place on the South Branch of the Chicago River on the Cermak Road Bridge. The Captain of the Port Lake Michigan has determined that objects being thrown off the bridge will pose a significant risk to public safety and property. Such hazards include falling television props and collisions among passing vessels.

    IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port Lake Michigan has determined that this temporary safety zone is necessary to ensure the safety of the public during the filming of a scene for a television series, where objects will be thrown off the Cermak Road Bridge on the South Branch of the Chicago River. This safety zone will be enforced intermittently from 8 p.m. to 11:59 on August 4, 2017. This zone will encompass all waters of the South Branch of the Chicago River within a 300 foot radius of the Cermak Road Bridge in Chicago, IL.

    Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan, or a designated on-scene representative. The Captain of the Port or a designated on-scene representative may be contacted via VHF Channel 16 or at (414) 747-7182.

    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

    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 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.” This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs'” (February 2, 2017).

    We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced intermittently on August 4, 2017 from 8 p.m. to 11:59 p.m. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.

    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.

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this temporary rule on small entities. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit on a portion of the South Branch of the Chicago River on August 4, 2017 from 8 p.m. to 11:59 p.m.

    This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of the zone, we will issue local Broadcast Notice to Mariners and Local Notice to Mariners so vessel owners and operators can plan accordingly.

    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 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 the establishment of a safety zone for the filming of a scene for a television series, where objects will be thrown off the bridge on the South Branch of the Chicago River in Chicago, IL. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. 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 Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 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.T09-0702 to read as follows:
    § 165.T09-0702 Safety Zone; South Branch of the Chicago River, Chicago, IL.

    (a) Location. All U.S. navigable waters of the South Branch of the Chicago River, within a 300 foot radius of the Cermak Road Bridge in Chicago, IL.

    (b) Enforcement period. This rule will be enforced on August 4, 2017 from 8 p.m. to 11:59 p.m.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative.

    (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or a designated on-scene representative.

    (3) The “on-scene representative” of the Captain of the Port Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Lake Michigan to act on his or her behalf.

    (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Lake Michigan or an on-scene representative to obtain permission to do so. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via VHF Channel 16 or at (414) 747-7182. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan, or an on-scene representative.

    Dated: July 27, 2017. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
    [FR Doc. 2017-16253 Filed 8-1-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900-AP32 Loan Guaranty: Vendee Loan Fees AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Final rule.

    SUMMARY:

    This document adopts as final a proposed rule of the Department of Veterans Affairs (VA) Loan Guaranty Service to amend its regulations to establish reasonable fees that VA may charge in connection with the origination and servicing of vendee loans made by VA. Fees mentioned in this rulemaking are consistent with those charged in the private mortgage industry, and such fees will help VA to ensure the sustainability of this vendee loan program. The loans that will be subject to the fees are not veterans' benefits. This rule will also ensure that all direct and vendee loans made by the Secretary are safe harbor qualified mortgages.

    DATES:

    Effective Date: This rule is effective September 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Trevayne, Assistant Director for Loan and Property Management (261), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, (202) 632-8795 (this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    On October 26, 2016, VA published a proposed rule in the Federal Register, at 81 FR 74382, to amend VA regulations to establish reasonable fees in connection with loans made by VA, commonly referred to as vendee loans. The fees associated with vendee loans are standard in the mortgage industry. The vendee loans that are subject to the fees are not veterans' benefits and are available to any purchasers, including investors, who qualify for the loan. Specifically, this rulemaking will permit VA to establish a fee to help cover costs associated with loan origination. The rule will also permit certain reasonable fees to be charged following loan origination, during loan servicing. Pursuant to this rulemaking, VA will begin charging fees for ad-hoc services performed at the borrower's request or for the borrower's benefit, as well as standard fees specified in loan instruments. Lastly, third-party fees, those not charged by VA, are included in this rule solely to clarify for borrowers the various costs that a borrower may incur when obtaining a vendee loan.

    The public comment period for the proposed rule closed on December 27, 2016. VA received one comment. For the reasons explained below, VA adopts, with a change, the proposed rule that revises VA's authority to charge reasonable fees associated with vendee loans at 38 CFR 36.4500, 36.4501, 36.4528, 36.4529, and 36.4530.

    VA received one comment on the proposed rule from an individual. The commenter was unclear regarding whether or not VA will use discretion in determining fees. The commenter questioned whether fees will be waived under the following circumstances: When a veteran is purchasing a home from another veteran, including circumstances where the purchaser is a disabled veteran in receipt of compensation; when a non-profit or non-veteran purchaser seeks a vendee loan to house homeless veterans; or when an individual in receipt of VA Family Caregiver Program benefits seeks to purchase a repossessed home to provide care for a veteran with a serious injury. The commenter also expressed concern that this was not a veterans' benefit program intended to keep a veteran in his or her home and that the Secretary's focus should essentially be on retention options. Lastly, the commenter requested veterans' benefits not be used to fund this program.

    In its proposed rule, VA discussed that the Secretary has the discretion to negotiate fees on a case-by-case basis (81 FR 74382, 74383). The very nature of the Secretary's discretion might permit the waiver of fees in unique situations. Additionally, as stated in the preamble to the proposed rule, VA states that the Secretary may make vendee loans to certain entities pursuant to 38 U.S.C. 2041 for the purpose of assisting homeless veterans and their families in acquiring shelter (81 FR 74382). Specifically, 38 U.S.C. 2041(b)(2)(C) states that the Secretary may use discretion when determining whether or not to waive fees if appropriate in situations regarding homeless veterans.

    In regard to the commenter's concern regarding purchasers who are disabled veterans in receipt of compensation, VA notes that 38 U.S.C. 3729(c) prohibits VA from charging a loan fee to “a veteran who is receiving compensation (or who, but for the receipt of retirement pay or active service pay, would be entitled to receive compensation) or [to] a surviving spouse of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability.” In proposed § 36.4528, VA stated that the Secretary may charge a loan origination fee “[i]n addition to the loan fee required pursuant to 38 U.S.C. 3729.” VA understands that this language may be interpreted as VA attempting to charge a loan fee to those veterans or surviving spouses who Congress exempted from loan fees in 38 U.S.C. 3729(c). In order to clarify that VA is not charging a fee prohibited by statute, VA is adding “if any” following “[i]n addition to the loan fee required pursuant to 38 U.S.C. 3729” to clarify that not all loans will carry the loan fee described in section 3729.

    In regard to the commenter's concern that the vendee loan program is not a home retention option, VA notes that, prior to a holder foreclosing a VA-guaranteed loan, there are specific required actions the holder must take that emphasize loss mitigation and retention options for borrowers. All participating VA servicers adhere to these regulations prior to initiating foreclosure sales. VA also notes that the principal and interest resulting from the repayment of vendee loans are deposited into the Veterans Housing Benefit Program Fund (VHBPF) to help offset the housing operation costs of the Home Loan Guaranty Program. Lastly, in response to the commenter's statement asking VA not to use veterans' benefits to fund this program, VA notes that vendee loans are not classified as veterans' benefits and are available to any purchaser VA determines creditworthy and whose offer is awarded a sales contract. Vendee loans enable VA to sell more of its properties and to sell them at a faster rate, and as previously stated, the proceeds are deposited into the VHBPF. The fees are consistent with the private mortgage industry and will ensure the sustainability of the vendee loan program.

    Therefore, this rule finalizes the proposed rule with the change noted above.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, 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 set forth in this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for “VA Regulations Published from FY 2004 Through Fiscal Year to Date.”

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

    Regulatory Flexibility Act

    This final rule will affect individuals and small businesses who choose to obtain a vendee loan from VA to finance the purchase of a VA-owned property rather than alternate financing. A party who wants to purchase a VA-owned property may choose whatever source of financing he wishes. Presumably the purchaser would select the least expensive financing option available, which may or may not be a VA vendee loan. VA does not believe that this final rule will impose any significant economic impact for the following reasons. Should the purchaser decide that the VA vendee program was not the most economically advantageous to the purchaser then the purchaser would obtain alternate financing. Parties would have to choose to be subject to the impact, if any, imposed by this rule.

    Accordingly, the Secretary certifies that the adoption of this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from the final regulatory flexibility analysis requirements of section 604.

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.114, Veterans Housing—Guaranteed and Insured Loans.

    List of Subjects in 38 CFR Part 36

    Condominiums, Flood insurance, Housing, Indians, Individuals with disabilities, Loan programs—housing and community development, Loan programs—Indians, Loan programs—veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on July 25, 2017, for publication.

    Dated: July 26, 2017. Michael Shores, Director, Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA amends 38 CFR part 36, subpart D, as set forth below:

    PART 36—LOAN GUARANTY 1. The authority citation for part 36 continues to read as follows: Authority:

    38 U.S.C. 501 and 3720.

    Subpart D—Direct Loans 2. Amend § 36.4500 by: a. Revising paragraph (c)(2). b. Removing the authority citation following paragraph (c)(2). c. Adding paragraph (e). d. Adding an authority citation at the end of the section.

    The revision and additions read as follows:

    § 36.4500 Applicability and qualified mortgage status.

    (c) * * *

    (2) Applicability of safe harbor qualified mortgage. Any VA direct loan made by the Secretary pursuant to chapter 20 or 37 of title 38, U.S.C., is a safe harbor qualified mortgage.

    (e) Sections 36.4528, 36.4529, and 36.4530, which concern vendee loans, shall be applicable to all vendee loans.

    (Authority: 15 U.S.C. 1639C(b)(3)(B)(ii), 38 U.S.C. 2041, 3710, 3711, 3720, 3733, and 3761)
    3. Amend § 36.4501 by: a. Adding in alphabetical order a definition for “Safe harbor qualified mortgage.” b. Revising the definition “Vendee loan.” c. Removing the authority citation following the definition “Vendee loan.”

    The addition and revision read as follows:

    § 36.4501 Definitions.

    Safe harbor qualified mortgage means a mortgage that meets the Ability-to-Repay requirements of sections 129B and 129C of the Truth-in-Lending Act (TILA) regardless of whether the loan might be considered a high cost mortgage transaction as defined by section 103bb of TILA (15 U.S.C. 1602bb).

    Vendee loan means a loan made by the Secretary for the purpose of financing the purchase of a property acquired pursuant to chapter 37 of title 38, United States Code. The terms of a vendee loan (e.g., amount of down payment; amortization term; whether to escrow taxes, insurance premiums, or homeowners' association dues; fees, etc.) are negotiated between the Secretary and the borrower on a case-by-case basis, subject to the requirements of 38 U.S.C. 2041 or 3733. Terms related to allowable fees are also subject to §§ 36.4528 through 36.4530.

    4. Add §§ 36.4528, 36.4529, and 36.4530 to read as follows:
    § 36.4528 Vendee loan origination fee.

    (a) In addition to the loan fee required pursuant to 38 U.S.C. 3729, if any, the Secretary may, in connection with the origination of a vendee loan, charge a borrower a loan origination fee not to exceed one-and-a-half percent of the loan amount.

    (b) All or part of such fee may be paid in cash at loan closing or all or part may be included in the loan. The Secretary will not increase the loan origination fee because the borrower chooses to include such fee in the loan amount financed.

    (c) In no event may the total fee agreed upon between the Secretary and the borrower result in an amount that will cause the loan to be designated as a high-cost mortgage as defined in 15 U.S.C. 1602(bb) and 12 CFR part 1026.

    (Authority: 38 U.S.C. 2041, 3720, 3733)
    § 36.4529 Vendee loan post-origination fees.

    (a) The Secretary may charge a borrower the following reasonable fees, per use, following origination, in connection with the servicing of any vendee loan:

    (1) Processing assumption fee for the transfer of legal liability of repaying the mortgage when the individual assuming the loan is approved. Such fee will not exceed $300, plus the actual cost of the credit report. If the assumption is denied, the fee will not exceed the actual cost of the credit report;

    (2) Processing subordination fee, not to exceed $350, to ensure that a modified vendee loan retains its first lien position;

    (3) Processing partial release fee, not to exceed $350, to exclude collateral from the mortgage contract once a certain amount of the mortgage loan has been paid;

    (4) Processing release of lien fee, not to exceed $15, for the release of an obligor from a mortgage loan in connection with a division of real property;

    (5) Processing payoff statement fee, not to exceed $30, for a payoff statement showing the itemized amount due to satisfy a mortgage loan as of a specific date;

    (6) Processing payment by phone fee, not to exceed $12, when a payment is made by phone and handled by a servicing representative; and

    (7) Processing payment by phone fee, not to exceed $10, when a payment is made by phone and handled through an interactive voice response system, without contacting a servicing representative.

    (b) The specific fees to be charged on each account may be negotiated between the Secretary and the borrower. The Secretary will review the maximum fees under paragraph (a) of this section bi-annually to determine that they remain reasonable.

    (c) The Secretary may charge a borrower reasonable fees established in the loan instrument, including but not limited to the following:

    (1) Property inspection fees;

    (2) Property preservation fees;

    (3) Appraisal fees;

    (4) Attorneys' fees;

    (5) Returned-check fees;

    (6) Late fees; and

    (7) Any other fee the Secretary determines reasonably necessary for the protection of the Secretary's investment.

    (d) Any fee included in the loan instrument and permitted under paragraph (c) of this section would be based on the amount customarily charged in the industry for the performance of the service in the particular area, the status of the loan, and the characteristics of the affected property.

    (Authority: 38 U.S.C. 2041, 3720, 3733)
    § 36.4530 Vendee loan other fees.

    (a) In addition to the fees that may be charged pursuant to §§ 36.4528 and 36.4529 and the statutory loan fee charged pursuant to 38 U.S.C. 3729, the borrower may be required to pay third-party fees for services performed in connection with a vendee loan.

    (b) Examples of the third party fees that may be charged in connection with a vendee loan include, but are not limited to:

    (1) Termite inspections;

    (2) Hazard insurance premiums;

    (3) Force-placed insurance premiums;

    (4) Courier fees;

    (5) Tax certificates; and

    (6) Recorder's fees.

    (Authority: 38 U.S.C. 2041, 3720, 3733)
    [FR Doc. 2017-16106 Filed 8-1-17; 8:45 am] BILLING CODE 8320-01-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 60 RIN 2900-AP45 Fisher Houses and Other Temporary Lodging; Correction AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Correcting amendments.

    SUMMARY:

    The Department of Veterans Affairs is correcting a final rule that eliminated the use of VA Form 10-0408A when veterans receiving treatment or care seek temporary lodging at a VA Fisher House for their relatives, close friends, or caregivers that was published in the Federal Register (82 FR 26592) on June 8, 2017.

    DATES:

    The correction is effective August 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Koget, National Fisher House and Family Hospitality Program Manager, Care Management and Social Work (10P4C), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-6780. (This is not a toll-free number.)

    SUPPLEMENTARY INFORMATION:

    On June 8, 2017, at 82 FR 26592, VA amended what had been the § 60.15 series of 38 CFR part 60 to eliminate use of VA Form 10-0408A, found at 38 CFR 60.15. VA amended the section heading and heading for paragraph (b) in the § 60.15 series to reflect the June 8, 2017, amendment. At the time of the amendments, VA inadvertently failed to include the accompanying instruction amending the section and paragraph headings. The rule became effective on July 10, 2017; however, the Federal Register could not revise the section and corresponding paragraph (b) heading without the missing amendatory instruction.

    Consequently, the Electronic Code of Federal Regulations, published by the Government Printing Office, could not implement the change, noting an “inaccurate amendatory instruction” at 38 CFR 60.15. With this notice, VA is amending § 60.15 to correct the accompanying instruction amending the section and paragraph headings in the regulation.

    List of Subjects in 38 CFR Part 60

    Health care, Housing, Reporting and recordkeeping requirements, Travel, Veterans.

    Correcting Amendments

    For the reasons discussed in the preamble, VA is correcting 38 CFR part 60 with the following amendments:

    PART 60—FISHER HOUSES AND OTHER TEMPORARY HOUSING 1. The authority citation for part 60 continues to read as follows: Authority:

    38 U.S.C. 501, 1708.

    2. In § 60.15, revise the section heading and the paragraph (b) heading are revised to read as follows:
    § 60.15 Process for requesting Fisher House or other temporary lodging.

    (b) Processing requests. * * *

    Dated: July 27, 2017. Michael Shores, Director, Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.
    [FR Doc. 2017-16196 Filed 8-1-17; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R08-OAR-2017-0171; FRL-9965-11-Region 8] Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Correction AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; correction.

    SUMMARY:

    The Environmental Protection Agency (EPA) is correcting a direct final rule that appeared in the Federal Register on June 5, 2017. The document approved a total of 20 negative declarations from all EPA Region 8 states declaring an absence of existing designated facilities, of certain incinerator classes, regulated under one of the Emissions Guidelines for solid waste incineration units. An approved and promulgated negative declaration exempts a state from certain implementation plan development requirements of Clean Air Act sections 111 and 129. An error in the proposed regulatory text amending 40 CFR part 62 is identified and corrected in this action.

    DATES:

    This correction is effective on August 4, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Gregory Lohrke, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6396, [email protected]

    SUPPLEMENTARY INFORMATION:

    In FR Doc. 2017-11576 appearing on page 25734 in the Federal Register of Monday, June 5, 2017, the following correction is made:

    § 62.12620 [Corrected]
    1. On page 25738, in the third column, in § 62.12620, in the sole paragraph under this section, in the sixth line, the reference to “Utah” is corrected to read “Wyoming.” Dated: July 14, 2017. Debra H. Thomas, Acting Regional Administrator, Region 8.
    [FR Doc. 2017-16278 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
    SURFACE TRANSPORTATION BOARD 49 CFR Part 1002 [Docket No. EP 542 (Sub-No. 25)] Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services—2017 Update AGENCY:

    Surface Transportation Board.

    ACTION:

    Final rules.

    SUMMARY:

    The Board updates for 2017 the fees that the public must pay to file certain cases and pleadings with the Board. Pursuant to this update, 83 of the Board's 133 fees will be increased, while 50 fees will be maintained at their current levels.

    DATES:

    These rules are effective September 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    David T. Groves, (202) 245-0327, or Andrea Pope-Matheson (202) 245-0363. [TDD for the hearing impaired: 1-800-877-8339.]

    SUPPLEMENTARY INFORMATION:

    The Board's regulations at 49 CFR 1002.3 provide for an annual update of the Board's entire user-fee schedule. Fees are generally revised based on the cost study formula set forth at 49 CFR 1002.3(d), which looks to changes in salary costs, publication costs, and Board overhead cost factors. Applying that formula, 83 of the Board's 133 fees will be increased, while 50 will remain at their current levels.

    Additional information is contained in the Board's decision. To obtain a free copy of the full decision, visit the Board's Web site at http://www.stb.gov or call (202) 245-0245. [Assistance for the hearing impaired is available through Federal Information Relay Services (FIRS): (800) 877-8339.]

    List of Subjects in 49 CFR Part 1002

    Administrative practice and procedure, Common carriers, and Freedom of information.

    Decided: July 27, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.

    Marline Simeon, Clearance Clerk.

    For the reasons set forth in the preamble, title 49, chapter X, part 1002, of the Code of Federal Regulations is amended as follows:

    PART 1002—FEES 1. The authority citation for part 1002 continues to read as follows: Authority:

    5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701 and 49 U.S.C. 1321(a). Section 1002.1(g)(11) is also issued under 5 U.S.C. 5514 and 31 U.S.C. 3717.

    2. Section 1002.1 is amended by revising paragraphs (a) through (c), (f)(1), and (g)(6) to read as follows:
    § 1002.1 Fees for records search, review, copying, certification, and related services.

    (a) Certificate of the Records Officer, $19.00.

    (b) Services involved in examination of tariffs or schedules for preparation of certified copies of tariffs or schedules or extracts therefrom at the rate of $43.00 per hour.

    (c) Services involved in checking records to be certified to determine authenticity, including clerical work, etc. identical thereto, at the rate of $30.00 per hour.

    (f) * * *

    (1) A fee of $76.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data.

    (g) * * *

    (6) The search and review hourly fees will be based upon employee grade levels in order to recoup the full, allowable direct costs attributable to their performance of these functions. They are as follows:

    Grade Rate Grade Rate GS-1 $12.78 GS-9 $29.85 GS-2 13.92 GS-10 32.88 GS-3 15.69 GS-11 36.12 GS-4 17.61 GS-12 43.29 GS-5 19.70 GS-13 51.48 GS-6 21.96 GS-14 60.83 GS-7 24.41 GS-15 and over 71.56 GS-8 27.03
    3. In 1002.2, paragraph (f) is revised to read as follows:
    § 1002.2 Filing fees.

    (f) Schedule of filing fees.

    Type of proceeding Fee PART I: Non-Rail Applications or Proceedings to Enter Into a Particular Financial Transaction or Joint Arrangement: (1) An application for the pooling or division of traffic $5,100. (2) (i) An application involving the purchase, lease, consolidation, merger, or acquisition of control of a motor carrier of passengers under 49 U.S.C. 14303 $2,300. (ii) A petition for exemption under 49 U.S.C. 13541 (other than a rulemaking) filed by a non-rail carrier not otherwise covered $3,600. (iii) A petition to revoke an exemption filed under 49 U.S.C. 13541(d) $3,000. (3) An application for approval of a non-rail rate association agreement. 49 U.S.C. 13703 $31,800. (4) An application for approval of an amendment to a non-rail rate association agreement: (i) Significant amendment $5,200. (ii) Minor amendment $100. (5) An application for temporary authority to operate a motor carrier of passengers. 49 U.S.C. 14303(i) $550. (6) A notice of exemption for transaction within a motor passenger corporate family that does not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with motor passenger carriers outside the corporate family $1,900. (7)-(10) [Reserved] PART II: Rail Licensing Proceedings other than Abandonment or Discontinuance Proceedings: (11) (i) An application for a certificate authorizing the extension, acquisition, or operation of lines of railroad. 49 U.S.C. 10901 $8,300. (ii) Notice of exemption under 49 CFR
  • 1150.31-1150.35
  • $2,000.
    (iii) Petition for exemption under 49 U.S.C. 10502 $14,400. (12) (i) An application involving the construction of a rail line $85,900. (ii) A notice of exemption involving construction of a rail line under 49 CFR 1150.36 $2,000. (iii) A petition for exemption under 49 U.S.C. 10502 involving construction of a rail line $85,900. (iv) A request for determination of a dispute involving a rail construction that crosses the line of another carrier under 49 U.S.C. 10902(d) $300. (13) A Feeder Line Development Program application filed under 49 U.S.C. 10907(b)(1)(A)(i) or 10907(b)(1)(A)(ii) $2,600. (14) (i) An application of a class II or class III carrier to acquire an extended or additional rail line under 49 U.S.C. 10902 $7,100. (ii) Notice of exemption under 49 CFR 1150.41-1150.45 $2,000. (iii) Petition for exemption under 49 U.S.C. 10502 relating to an exemption from the provisions of 49 U.S.C. 10902 $7,600. (15) A notice of a modified certificate of public convenience and necessity under 49 CFR 1150.21-1150.24 $1,900. (16) An application for a land-use-exemption permit for a facility existing as of October 16, 2008 under 49 U.S.C. 10909 $6,900. (17) An application for a land-use-exemption permit for a facility not existing as of October 16, 2008 under 49 U.S.C. 10909 $24,300. (18)-(20) [Reserved] PART III: Rail Abandonment or Discontinuance of Transportation Services Proceedings: (21) (i) An application for authority to abandon all or a portion of a line of railroad or discontinue operation thereof filed by a railroad (except applications filed by Consolidated Rail Corporation pursuant to the Northeast Rail Service Act [Subtitle E of Title XI of Pub. L. 97-35], bankrupt railroads, or exempt abandonments) $25,500. (ii) Notice of an exempt abandonment or discontinuance under 49 CFR 1152.50 $4,100. (iii) A petition for exemption under 49 U.S.C. 10502 $7,200. (22) An application for authority to abandon all or a portion of a line of a railroad or operation thereof filed by Consolidated Rail Corporation pursuant to Northeast Rail Service Act $500. (23) Abandonments filed by bankrupt railroads $2,100. (24) A request for waiver of filing requirements for abandonment application proceedings $2,000. (25) An offer of financial assistance under 49 U.S.C. 10904 relating to the purchase of or subsidy for a rail line proposed for abandonment $1,800. (26) A request to set terms and conditions for the sale of or subsidy for a rail line proposed to be abandoned $26,100. (27) (i) A request for a trail use condition in an abandonment proceeding under 16 U.S.C.1247(d) $300. (ii) A request to extend the period to negotiate a trail use agreement $500. (28)-(35) [Reserved] PART IV: Rail Applications to Enter Into a Particular Financial Transaction or Joint Arrangement: (36) An application for use of terminal facilities or other applications under 49 U.S.C. 11102 $21,800. (37) An application for the pooling or division of traffic. 49 U.S.C. 11322 $11,700. (38) An application for two or more carriers to consolidate or merge their properties or franchises (or a part thereof) into one corporation for ownership, management, and operation of the properties previously in separate ownership. 49 U.S.C. 11324: (i) Major transaction $1,716,200. (ii) Significant transaction $343,200. (iii) Minor transaction $8,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) $1,900. (v) Responsive application $8,400. (vi) Petition for exemption under 49 U.S.C. 10502 $10,700. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a) $6,300. (39) An application of a non-carrier to acquire control of two or more carriers through ownership of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction $1,716,200. (ii) Significant transaction $343,200. (iii) Minor transaction $8,400. (iv) A notice of an exempt transaction under 49 CFR 1180.2(d) $1,400. (v) Responsive application $8,400. (vi) Petition for exemption under 49 U.S.C. 10502 $10,700. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a) $6,300. (40) An application to acquire trackage rights over, joint ownership in, or joint use of any railroad lines owned and operated by any other carrier and terminals incidental thereto. 49 U.S.C. 11324: (i) Major transaction $1,716,200. (ii) Significant transaction $343,200. (iii) Minor transaction $8,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) $1,300. (v) Responsive application $8,400. (vi) Petition for exemption under 49 U.S.C. 10502 $10,700. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a) $6,300. (41) An application of a carrier or carriers to purchase, lease, or contract to operate the properties of another, or to acquire control of another by purchase of stock or otherwise. 49 U.S.C. 11324: (i) Major transaction $1,716,200. (ii) Significant transaction $343,200. (iii) Minor transaction $8,400. (iv) Notice of an exempt transaction under 49 CFR 1180.2(d) $1,500. (v) Responsive application $8,400. (vi) Petition for exemption under 49 U.S.C. 10502 $7,600. (vii) A request for waiver or clarification of regulations filed in a major financial proceeding as defined at 49 CFR 1180.2(a) $6,300. (42) Notice of a joint project involving relocation of a rail line under 49 CFR 1180.2(d)(5) $2,700. (43) An application for approval of a rail rate association agreement. 49 U.S.C. 10706 $80,300. (44) An application for approval of an amendment to a rail rate association agreement. 49 U.S.C. 10706: (i) Significant amendment $14,800. (ii) Minor amendment $100. (45) An application for authority to hold a position as officer or director under 49 U.S.C. 11328 $900. (46) A petition for exemption under 49 U.S.C. 10502 (other than a rulemaking) filed by rail carrier not otherwise covered $9,200. (47) National Railroad Passenger Corporation (Amtrak) conveyance proceeding under 45 U.S.C. 562 $300. (48) National Railroad Passenger Corporation (Amtrak) compensation proceeding under Section 402(a) of the Rail Passenger Service Act $300. (49)-(55) [Reserved] PART V: Formal Proceedings: (56) A formal complaint alleging unlawful rates or practices of carriers: (i) A formal complaint filed under the coal rate guidelines (Stand-Alone Cost Methodology) alleging unlawful rates and/or practices of rail carriers under 49 U.S.C. 10704(c)(1) $350. (ii) A formal complaint involving rail maximum rates filed under the Simplified-SAC methodology $350. (iii) A formal complaint involving rail maximum rates filed under the Three Benchmark methodology $150. (iv) All other formal complaints (except competitive access complaints) $350. (v) Competitive access complaints $150. (vi) A request for an order compelling a rail carrier to establish a common carrier rate $300. (57) A complaint seeking or a petition requesting institution of an investigation seeking the prescription or division of joint rates or charges. 49 U.S.C. 10705 $10,200. (58) A petition for declaratory order: (i) A petition for declaratory order involving a dispute over an existing rate or practice which is comparable to a complaint proceeding $1,000. (ii) All other petitions for declaratory order $1,400. (59) An application for shipper antitrust immunity. 49 U.S.C. 10706(a)(5)(A) $8,000. (60) Labor arbitration proceedings $300. (61) (i) An appeal of a Surface Transportation Board decision on the merits or petition to revoke an exemption pursuant to 49 U.S.C. 10502(d) $300. (ii) An appeal of a Surface Transportation Board decision on procedural matters except discovery rulings $400. (62) Motor carrier undercharge proceedings $300. (63) (i) Expedited relief for service inadequacies: A request for expedited relief under 49 U.S.C. 11123 and 49 CFR part 1146 for service emergency $300. (ii) Expedited relief for service inadequacies: A request for temporary relief under 49 U.S.C. 10705 and 11102, and 49 CFR part 1147 for service inadequacy $300. (64) A request for waiver or clarification of regulations except one filed in an abandonment or discontinuance proceeding, or in a major financial proceeding as defined at 49 CFR 1180.2(a) $650. (65)-(75) [Reserved] PART VI: Informal Proceedings: (76) An application for authority to establish released value rates or ratings for motor carriers and freight forwarders of household goods under 49 U.S.C. 14706 $1,400. (77) An application for special permission for short notice or the waiver of other tariff publishing requirements $150. (78) The filing of tariffs, including supplements, or contract summaries $1 per page.
  • ($28 min. charge.)
  • (79) Special docket applications from rail and water carriers: (i) Applications involving $25,000 or less $75. (ii) Applications involving over $25,000 $150. (80) Informal complaint about rail rate applications $700. (81) Tariff reconciliation petitions from motor common carriers: (i) Petitions involving $25,000 or less $75. (ii) Petitions involving over $25,000 $150. (82) Request for a determination of the applicability or reasonableness of motor carrier rates under 49 U.S.C. 13710(a)(2) and (3) $250. (83) Filing of documents for recordation. 49 U.S.C. 11301 and 49 CFR 1177.3(c) $47 per document. (84) Informal opinions about rate applications (all modes) $300. (85) A railroad accounting interpretation $1,300. (86) (i) A request for an informal opinion not otherwise covered $1,700. (ii) A proposal to use on a voting trust agreement pursuant to 49 CFR 1013 and 49 CFR 1180.4(b)(4)(iv) in connection with a major control proceeding as defined at 49 CFR 1180.2(a) $5,900. (iii) A request for an informal opinion on a voting trust agreement pursuant to 49 CFR 1013.3(a) not otherwise covered $600. (87) Arbitration of Certain Disputes Subject to the Statutory Jurisdiction of the Surface Transportation Board under 49 CFR 1108: (i) Complaint $75. (ii) Answer (per defendant), Unless Declining to Submit to Any Arbitration $75. (iii) Third Party Complaint $75. (iv) Third Party Answer (per defendant), Unless Declining to Submit to Any Arbitration $75. (v) Appeals of Arbitration Decisions or Petitions to Modify or Vacate an Arbitration Award $150. (88) Basic fee for STB adjudicatory services not otherwise covered $300. (89)-(95) [Reserved] PART VII: Services: (96) Messenger delivery of decision to a railroad carrier's Washington, DC, agent $37 per delivery. (97) Request for service or pleading list for proceedings $28 per list. (98) Processing the paperwork related to a request for the Carload Waybill Sample to be used in an STB or State proceeding that: (i) Annual request does not require a Federal Register notice: (A) Set cost portion $150. (B) Sliding cost portion $54 per party. (ii) Annual request does require a FR notice. (A) Set cost portion $450. (B) Sliding cost portion $54 per party. (iii) Quarterly request does not require a FR notice: (A) Set cost portion $46. (B) Sliding cost portion $13 per party. (iv) Quarterly request does require a FR notice: (A) Set cost portion $230. (B) Sliding cost portion $13 per party. (v) Monthly request does not require a FR notice: (A) Set cost portion $15. (B) Sliding cost portion $4 per party. (vi) Monthly request does require a FR notice: (A) Set cost portion $180. (B) Sliding cost portion $4 per party. (99) (i) Application fee for the STB's Practitioners' Exam $200. (ii) Practitioners' Exam Information Package $25. (100) Carload Waybill Sample data: (i) Requests for Public Use File for all years prior to the most current year Carload Waybill Sample data available, provided on CD-R $250 per year. (ii) Specialized programming for Waybill requests to the Board $119 per hour.
    [FR Doc. 2017-16280 Filed 8-1-17; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF576 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Pacific cod, including for the Community Development Quota program (CDQ), in the Western Aleutian Islands district of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the Western Aleutian Islands district Pacific cod harvest limit of the 2017 total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), July 29, 2017, through 2400 hrs, A.l.t., December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management 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.

    The Western Aleutian Islands district Pacific cod harvest limit of the 2017 TAC in the Aleutian Islands subarea of the BSAI is 4,018 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the Area 543 Pacific cod harvest limit of the 2017 Pacific cod TAC in the Aleutian Islands subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,818 mt, and is setting aside the remaining 1,200 mt as incidental catch in directed fishing for other species. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod in the Western Aleutian Islands district 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.

    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 directed fishing closure of Pacific cod in the Western Aleutian Islands district of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 27, 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 27, 2017. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-16187 Filed 7-28-17; 8:45 am] BILLING CODE 3510-22-P
    82 147 Wednesday, August 2, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0714; Directorate Identifier 2017-NM-042-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2012-21-04, which applies to all Airbus Model A300 series airplanes; Model A310 series airplanes; and Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). AD 2012-21-04 currently requires repetitive inspections for, and replacement of, any cracked hood halves of fuel pump canisters. Since we issued AD 2012-21-04, we allowed inspections of the outer tank and trim tank fuel pump canister hood halves to be terminated. However, we have received reports of new in-service events of outer tank fuel pump canister hood cracking. This proposed AD would retain the requirements of AD 2012-21-04, reinstate the terminated inspections, and add optional terminating actions. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by September 18, 2017.

    ADDRESSES:

    You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    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-2017-0714; 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 proposed AD, the regulatory 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 FURTHER INFORMATION CONTACT:

    Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-2125; fax: 425-227-1149.

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0714; Directorate Identifier 2017-NM-042-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    On October 25, 2012, we issued AD 2012-21-04, Amendment 39-17220 (77 FR 64701, October 23, 2012) (“AD 2012-21-04”), for all Airbus Model A300 series airplanes; Model A310 series airplanes; and Model A300 B4-600, B4-600R, and Model A300-600 series airplanes. AD 2012-21-04 was prompted by reports of cracked fuel pump canister hoods located in fuel tanks. AD 2012-21-04 requires repetitive inspections for, and replacement of, any cracked hood halves of fuel pump canisters. We issued AD 2012-21-04 to prevent any detached canister hood fragments/debris from being ingested into the fuel feed system, and becoming a potential source of ignition with consequent fire or explosion.

    Since we issued AD 2012-21-04 (which corresponds to European Aviation Safety Agency (EASA) AD 2011-0124, dated June 30, 2011), EASA has issued EASA AD 2011-0124R1, dated September 5, 2014. That EASA AD introduced optional terminating action for the wing inner and center fuel tanks, and cancelled the repetitive inspections of the fuel pump canister hood halves in outer wing and trim tanks, for which no cracks had been reported following the initial inspection. The FAA provided a global alternative method of compliance (AMOC) to AD 2012-21-04 providing relief to operators from conducting the inspection for the fuel pump canister hoods in the outer wing and trim tanks. Since the FAA provided the global AMOC, we have received reports of new in-service events of outer tank fuel pump canister hood cracking.

    EASA has issued AD 2017-0051, dated March 23, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A300 series airplanes; Model A310 series airplanes; and Model A300-600 series airplanes. The MCAI states:

    Reports were received of finding cracked fuel pump canister hoods located in fuel tanks on in-service aeroplanes. Initial analyses, laboratory testing and examinations suggested that vibration-induced fatigue could have caused these cracks. However, initial data could not exclude some other potential contributing factors.

    This condition, if not detected and corrected, could lead to detached canister hood fragments or debris being ingested into the fuel feed system. In addition, metallic debris inside the fuel tank could result in a potential source of fuel vapour ignition, possibly resulting in a fire or fuel tank explosion and consequent loss of the aeroplane.

    To address this potential unsafe condition, EASA issued AD 2011-0124 (later revised) [FAA AD 2012-21-04 corresponds to EASA AD 2011-0124] to require repetitive inspections of the canister hood halves installed on all fuel pump canisters and, if any damage was found, replacement. EASA AD 2011-0124R1 introduced an optional terminating action for the wing inner and centre fuel tanks, and cancelled the repetitive inspections of the fuel pump canister hoods in outer wing and trim tanks, for which no cracks had been reported following the initial inspection.

    Since that [EASA] AD was issued, new in service events of outer tank fuel pump canister hood cracking have been reported. Consequently, the canister hoods of the outer tank fuel pumps and trim tank fuel pumps will need to be inspected.

    For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2011-0124R1, which is superseded, retaining the repetitive inspections of fuel pump canister hoods in wing inner and centre tanks, and reintroduces repetitive detailed inspections (DET) for outer tank and trim tank fuel pump canister hoods. This [EASA] AD also retains the existing optional terminating action for the repetitive DET of wing inner and centre tank fuel pump canister hoods, and introduces a new optional terminating action for the repetitive DET of the outer and trim tank fuel pump canister hoods required by this [EASA] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0714.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.

    • Airbus Mandatory Service Bulletin A300-28-0089, Revision 03, dated December 16, 2016. This service information describes procedures for repetitive detailed inspections of all fuel pump locations (center, wing-inner, and wing-outer tank), and replacing any cracked hood halves of fuel pump canisters.

    • Airbus Service Bulletin A300-28-0092, Revision 01, dated August 29, 2014; Airbus Service Bulletin A300-28-6110, Revision 01, dated August 29, 2014; and Airbus Service Bulletin A310-28-2175, Revision 01, dated August 29, 2014. This service information describes procedures for replacement of the hood halves of the fuel pump canisters with newer design hood halves for the wing-inner tank and the center tank fuel pumps. These documents are distinct since they apply to different airplane models.

    • Airbus Service Bulletin A300-28-0094, Revision 00, dated January 9, 2017. This service information describes procedures for replacement of the hood halves of the fuel pump canisters with newer design hood halves for the wing-outer tank.

    • Airbus Mandatory Service Bulletin A300-28-6106, Revision 03, dated December 16, 2016; and Airbus Mandatory Service Bulletin A310-28-2173, Revision 03, dated December 16, 2016. This service information describes procedures for repetitive detailed inspections of all fuel pump locations (center, wing-inner, wing-outer, and trim tank), and replacing any cracked hood halves of fuel pump canisters. These documents are distinct since they apply to different airplane models.

    • Airbus Service Bulletin A300-28-6114, Revision 00, dated January 9, 2017; and Airbus Service Bulletin A310-28-2178, Revision 00, January 9, 2017. This service information describes procedures for replacement of the hood halves of the fuel pump canisters with newer design hood halves for the wing-outer tank and the trim tank fuel pumps. These documents are distinct since they apply to different airplane models.

    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.

    FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Costs of Compliance

    We estimate that this proposed AD affects 168 airplanes of U.S. registry.

    The actions required by AD 2012-21-04, and retained in this proposed AD take about 12 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2012-21-04 is $1,020 per product.

    We also estimate that it would take about 9 work-hours per product to comply with the new basic requirements of this proposed AD, at an average labor rate of $85 per work-hour. Based on these figures, we estimate the cost of the new basic requirements of this proposed AD on U.S. operators to be $128,520, or $765 per product.

    In addition, we estimate that the optional terminating actions would take about 1 work-hour and require parts costing $255, for a cost of $340 per product. We have no way of determining the number of aircraft that might need these actions.

    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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:

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

    2. Is not a “significant rule” under the 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.

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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) 2012-21-04, Amendment 39-17220 (77 FR 64701, October 23, 2012), and adding the following new AD: Airbus: Docket No. FAA-2017-0714; Directorate Identifier 2017-NM-042-AD. (a) Comments Due Date

    We must receive comments by September 18, 2017.

    (b) Affected ADs

    This AD replaces AD 2012-21-04, Amendment 39-17220 (77 FR 64701, October 23, 2012) (“AD 2012-21-04”).

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, all certificated models, all manufacturer serial numbers.

    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes.

    (2) Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes.

    (3) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes, Model A300 B4-605R and B4-622R airplanes, Model A300 F4-605R and F4-622R airplanes, and Model A300 C4-605R Variant F airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

    (e) Reason

    This AD was prompted by reports of cracked fuel pump canister hoods located in fuel tanks and new in-service events of outer tank fuel pump canister hood cracking. We are issuing this AD to prevent any detached canister hood fragments/debris from being ingested into the fuel feed system, and becoming a potential source of ignition with consequent fire or explosion.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Retained Initial Inspection and Replacement, With Revised Requirements and Service Information

    This paragraph restates the requirements of paragraph (g) of AD 2012-21-04, with revised service information. Within 30 months after November 27, 2012 (the effective date of AD 2012-21-04), do a detailed inspection for cracking of the fuel pump canister hood halves installed on all wing center and inner tank fuel pump canisters having part numbers (P/N) 2052C11, 2052C12, and C93R51-601, in accordance with the Accomplishment Instructions of the service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable. If any crack is found on any fuel pump canister hood half during any inspection, before further flight, replace the fuel pump canister hood half, in accordance with the Accomplishment Instructions of the service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable.

    (1) For Model A300 series airplanes: Airbus Mandatory Service Bulletin A300-28-0089, Revision 01, including Inspection Findings—Reporting Sheet, dated April 15, 2011; or Airbus Service Bulletin A300-28-0089, Revision 03, dated December 16, 2016. As of the effective date of this AD, only use Airbus Service Bulletin A300-28-0089, Revision 03, dated December 16, 2016.

    (2) For Model A300-600 series airplanes: Airbus Mandatory Service Bulletin A300-28-6106, Revision 01, including Inspection Findings—Reporting Sheet, dated April 15, 2011; or Airbus Service Bulletin A300-28-6106, Revision 03, dated December 16, 2016. As of the effective date of this AD, only use Airbus Service Bulletin A300-28-6106, Revision 03, dated December 16, 2016.

    (3) For Model A310 series airplanes: Airbus Mandatory Service Bulletin A310-28-2173, Revision 01, including Inspection Findings—Reporting Sheet, dated April 15, 2011; or Airbus Service Bulletin A310-28-2173, Revision 03, dated December 16, 2016. As of the effective date of this AD, only use Airbus Service Bulletin A310-28-2173, Revision 03, dated December 16, 2016.

    (h) Retained Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2012-21-04, with no changes. Within 30 months after accomplishing the actions specified in paragraph (g) of this AD, and thereafter at intervals not to exceed 30 months, repeat the detailed inspection specified in paragraph (g) of this AD.

    (i) New Repetitive Inspections and Replacement of the Outer Tank and Trim Tank Fuel Pump Canister Hood Halves

    Within 30 months after the effective date of this AD, do a detailed inspection for cracking of the outer tank and trim tank, as applicable, fuel pump canister hood halves installed on all fuel pump canisters having part numbers (P/N) 2052C11, 2052C12, and C93R51-601, in accordance with the Accomplishment Instructions of the service bulletin specified in paragraph (i)(1), (i)(2), or (i)(3) of this AD, as applicable. Repeat the inspection thereafter at intervals not to exceed 30 months. If any crack is found on any fuel pump canister hood half during any inspection, before further flight, replace the fuel pump canister hood half, in accordance with the Accomplishment Instructions of the service bulletin specified in paragraph (i)(1), (i)(2), or (i)(3) of this AD, as applicable.

    (1) For Model A300 series airplanes: Airbus Service Bulletin A300-28-0089, Revision 03, dated December 16, 2016.

    (2) For Model A300-600 series airplanes: Airbus Service Bulletin A300-28-6106, Revision 03, dated December 16, 2016.

    (3) For Model A310 series airplanes: Airbus Service Bulletin A310-28-2173, Revision 03, dated December 16, 2016.

    (j) New Optional Terminating Actions

    Replacement of the fuel pump canister hood halves installed on all fuel pump canisters having P/Ns 2052C11, 2052C12, and C93R51-601, constitutes terminating action for the inspections required by paragraphs (g) and (h) of this AD. The replacement of the fuel pump canister hood halves must be done in accordance with the Accomplishment Instructions of the service information specified in paragraph (j)(1), (j)(2), or (j)(3) of this AD, as applicable.

    (1) For Model A300 series airplanes: Airbus Service Bulletin A300-28-0092, Revision 01, dated August 29, 2014 (for wing center and inner tank fuel pump canister hood halves); and Airbus Service Bulletin A300-28-0094, Revision 00, dated January 9, 2017 (for outer tank fuel pump canister hood halves).

    (2) For Model A300-600 series airplanes: Airbus Service Bulletin A300-28-6110, Revision 01, dated August 29, 2014 (for wing center and inner tank fuel pump canister hood halves); and Airbus Service Bulletin A300-28-6114, Revision 00, dated January 9, 2017 (for outer tank and trim tank fuel pump canister hood halves).

    (3) For Model A310 series airplanes: Airbus Service Bulletin A310-28-2175, Revision 01, dated August 29, 2014 (for wing center and inner tank fuel pump canister hood halves); and Airbus Service Bulletin A310-28-2178, Revision 00, January 9, 2017 (for outer tank and trim tank fuel pump canister hood halves).

    (k) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD.

    (i) Airbus Service Bulletin A300-28-0089, dated January 13, 2011; or Airbus Service Bulletin A300-28-0089, Revision 02, dated April 25, 2014.

    (ii) Airbus Service Bulletin A300-28-6106, dated January 13, 2011; or Airbus Service Bulletin A300-28-6106, Revision 02, dated April 25, 2014.

    (iii) Airbus Service Bulletin A310-28-2173, dated January 13, 2011; or Airbus Mandatory Service Bulletin A310-28-2173, Revision 02, dated April 25, 2014.

    (2) This paragraph provides credit for the actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD.

    (i) Airbus Service Bulletin A300-28-0089, dated January 13, 2011; Airbus Service Bulletin A300-28-0089, Revision 01, dated April 15, 2011; or Airbus Service Bulletin A300-28-0089, Revision 02, dated April 25, 2014.

    (ii) Airbus Service Bulletin A300-28-6106, dated January 13, 2011; Airbus Service Bulletin A300-28-6106, Revision 01, dated April 15, 2011; or Airbus Service Bulletin A300-28-6106, Revision 02, dated April 25, 2014.

    (iii) Airbus Service Bulletin A310-28-2173, dated January 13, 2011; Airbus Service Bulletin A310-28-2173, Revision 01, dated April 15, 2011; or Airbus Service Bulletin A310-28-2173, Revision 02, dated April 25, 2014.

    (3) This paragraph provides credit for the actions specified in paragraph (j) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A300-28-6110, Revision 00, dated November 28, 2013.

    (l) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to the attention of the person identified in paragraph (m)(2) of this AD. Information may be emailed to: [email protected]

    (i) 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.

    (ii) AMOCs approved previously for AD 2012-21-04, Amendment 39-17220 (77 FR 64701, October 23, 2012), are not approved as AMOCs with this AD.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0051, dated March 23, 2017, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0714.

    (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-2125; fax: 425-227-1149.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 19, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-16052 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0020; Directorate Identifier 2016-NE-33-AD] RIN 2120-AA64 Airworthiness Directives; Honeywell International Inc. Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Honeywell International Inc. AS907 series turbofan engines. This proposed AD was prompted by two loss-of-thrust-control events, and two in-flight shutdowns (IFSDs) of new production, low-time engines attributed to water intrusion of the engine electronic control unit (ECU). This proposed AD would require applying sealant to identified areas of the ECU and requires inserting a copy of certain airplane operating procedures into the applicable flight manuals. We are proposing this AD to correct the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by September 18, 2017.

    ADDRESSES:

    You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238-7125.

    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-2017-0020; 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this NPRM. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0020; Directorate Identifier 2016-NE-33 AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this NPRM.

    Discussion

    We received reports of two loss-of-thrust-control events and two IFSDs of new production, low-time AS907-2-1A engines, attributed to water intrusion into the ECU at the ECU cover-to-body splitline, cover screws and cavities, leading to internal board electrical faults. Similar events have occurred on AS907-1-1A engines when rainwater dripped through the ECU and T2 engine access panels at 10 and 2 o'clock locations onto the ECU and harnesses while the airplane was on the ground. This proposed AD would require application of sealant to identified areas of the ECU and requires inserting a copy of certain airplane operating procedures into the applicable flight manuals. These procedures describe interim actions for not dispatching the airplane under certain engine electronic fault conditions. This condition, if not corrected, could result in dual engine power loss, loss of thrust control, and damage to the engine and airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Honeywell Service Bulletin (SB); SB AS907-76-9021, Revision 1, dated April 20, 2017; Operating Information Letter (OIL) OIAS907-0001R00, dated March 14, 2017; Component Maintenance Manual (CMM) 2119576, Temporary Revision (TR) No. 76-1, Section 76-10-15, dated September 6, 2016; and CMM 2119576, TR No. 76-1, Section 76-10-29, dated August 2, 2016.

    In combination, the SB and TRs describe procedures for applying sealant to identified areas of the ECU to prevent water from entering the ECU on AS907 series engines. The OIL provides instructions for interrogating the onboard Maintenance Data Computer to clear engine electronic fault conditions. 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.

    FAA's Determination

    We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

    Proposed AD Requirements

    This proposed AD would require applying sealant to identified areas of the ECU.

    Differences Between This Proposed AD and the Service Information

    Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017 recommends complying after 400 engine operating hours, not to exceed 18 months from the date of issuance of the SB. This NPRM proposes complying within 200 engine operating hours or 9 months after the effective date of the AD, whichever occurs first.

    Interim Action

    We consider this proposed AD interim action. Honeywell is developing design changes that will eliminate the need to apply sealant to the ECU.

    Costs of Compliance

    We estimate that this ECU sealing affects 477 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inserting Figure into AFM 2 work-hours × $85 per hour = $170.00 $0 $170.00 $81,090.00 Application of sealant, on-wing 5.5 work-hours × $85 per hour = $467.50 50.00 517.50 246,847.50

    We estimate the following costs to do any necessary fault checks of the Maintenance Data Computer (MDC)/Onboard Messaging System (OMS). We estimate that 20 engines will need this fault check.

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Fault Check of Maintenance Data Computer 5 work-hours × $85 per hour = $425.00 $0 $425.00

    According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

    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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:

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

    (2) Is not a “significant rule” under the 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.

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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): Honeywell International Inc.: Docket No. FAA-2017-0020; Directorate Identifier 2016-NE-33-AD. (a) Comments Due Date

    We must receive comments by September 18, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Honeywell International Inc. AS907-1-1A, -2-1A, -2-1G, and -3-1E model turbofan engines, with engine serial numbers (S/Ns) listed in Table 3 of Honeywell Service Bulletin (SB) AS907-76-9021 Revision 1, dated April 20, 2017; or with engine electronic control unit (ECU), part numbers (P/Ns) 2119576-1001 through -1011, with no Mod Record or with a Mod Record 1 through 5 (for the AS907-1-1A engine); or with ECU, P/N 2119576-1102, with no Mod Record (for the AS907-2-1A engine); or with ECU, P/Ns 2119576-3002 and -3102, with no Mod Record (for the AS907-2-1G engine); or with ECU, P/Ns 2119576-4102 and -4103, with no Mod Record (for the AS907-3-1E), installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine Controls Section.

    (e) Unsafe Condition

    This AD was prompted by two low-time loss-of-thrust-control events and two in-flight shut downs (IFSDs) attributed to water intrusion of the engine ECU. We are issuing this AD to prevent a dual engine power loss, and loss of thrust control and damage to the engine and airplane.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Required Actions

    (1) For applicable engines, apply sealant to both ECUs within 200 engine operating hours, or 9 months after the effective date of this AD whichever occurs first, using Accomplishment Instructions, paragraph 3.C. of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017.

    (2) If the ECU sealant is removed or becomes defective, re-apply sealant using Accomplishment Instructions, paragraph 3.C. of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017; or Component Maintenance Manual (CMM) 2119576, Temporary Revision (TR) No. 76-1, Section 76-10-15, dated September 6, 2016; or CMM 2119576, TR No. 76-1, Section 76-10-29, dated August 2, 2016.

    (3) Within 60 days after the effective date of this AD, for all airplanes that have an affected engine installed with an ECU not in compliance with paragraph (g)(1) or (g)(2) of this AD, insert a copy of Figure 1, 2, or 3 to paragraph (g) of this AD, as applicable to your airplane, into the Emergency Procedures Section of the Airplane Flight Manual (AFM).

    BILLING CODE 4910-13-P EP02AU17.000 EP02AU17.001 EP02AU17.002 BILLING CODE 4910-13-C

    (4) If a cyan warning is announced, before next flight, check the current fault messages in the Maintenance Data Computer (MDC)/Onboard Messaging System (OMS) for any of the following:

    (i) FADEC ECU A (ii) FADEC ECU B (iii) THROTTLE LEVER 1A (iv) THROTTLE LEVER 1B (v) THROTTLE RIGGING 1A (vi) THROTTLE RIGGING 1B

    (5) Replace the ECU if any of the fault messages listed in paragraph (g)(4) of this AD are in the MDC OMS. Refer to Operating Information Letter (OIL) OIAS907-0001R00, dated March 14, 2017 for information on returning and replacing the ECU.

    (6) Continued flight is permitted if none of the fault messages listed in paragraph (g)(4) of this AD are in the MDC OMS, or if paragraph (g)(5) of this AD was accomplished.

    (h) Installation Prohibition

    (i) Do not install an ECU if any of the fault messages listed in paragraph (g)(4) of this AD are in the MDC OMS.

    (ii) Do not install an ECU that has a P/N and Mod Record listed in paragraph (c) of this AD unless it was either sealed as specified in paragraph (g)(1) of this AD or if the ECU is not affected by this AD.

    (i) Terminating Action

    Remove from the AFM, Figure 1, 2, or 3 to paragraph (g) of this AD, after paragraph (g)(1) or (g)(2) of this AD is accomplished.

    (j) Credit for Previous Actions

    You may take credit for the actions required by paragraphs (g)(1) or (g)(2) of this AD, if you performed those actions before the effective date of this AD using Honeywell SB AS907-76-9021, Revision 0, dated May 13, 2016.

    (k) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.

    (l) Related Information

    (1) For more information about this AD, contact Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    (2) Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017; OIL OIAS907-0001R00, dated March 14, 2017; CMM 2119576, TR No. 76-1, Section 76-10-15, dated September 6, 2016; and CMM 2119576, TR No. 76-1, Section 76-10-29, dated August 2, 2016, can be obtained from Honeywell International using the contact information in paragraph (l)(3) of this AD.

    (3) For service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/.

    (4) You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Issued in Burlington, Massachusetts, on June 21, 2017. Thomas A. Boudreau, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2017-16148 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-9555; Airspace Docket No. 16-AGL-2] Proposed Modification and Revocation of Multiple Air Traffic Service (ATS) Routes; Northcentral United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Supplemental notice of proposed rulemaking (SNPRM).

    SUMMARY:

    This action proposes to amend and remove multiple VHF Omnidirectional Range (VOR) Federal airways in northcentral United States to reflect additional amendments to several Federal airways impacted by the decommissioning of the Tiverton, OH, VOR/Distance Measuring Equipment (VOR/DME) navigation aid. The route changes would be made as part of the FAA's Next Generation Air Transportation System (NextGen) efforts to safely improve the overall efficiency of the National Airspace System (NAS).

    DATES:

    Comments must be received on or before September 18, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2016-9555 and Airspace Docket No. 16-AGL-2 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1 (800) 647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Colby Abbott, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the NAS route structure as necessary to preserve the safe and efficient flow of air traffic within the NAS.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2016-9555 and Airspace Docket No. 16-AGL-2) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2016-9555 and Airspace Docket No. 16-AGL-2.” The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified comment closing date will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Central Service Center, Federal Aviation Administration, 10101 Hillwood Blvd., Fort Worth, TX 76177.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    Background

    On February 27, 2017, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) proposing to amend and remove multiple VOR Federal airways in northcentral United States to reflect and accommodate route changes being made as part of the FAA's Cleveland/Detroit Metroplex Project airspace redesign effort (82 FR 11859). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received.

    Subsequent to publication, the FAA initiated a project for decommissioning the Tiverton, OH, VOR/DME due to the land-lease for the navigation aid expiring September 30, 2018, and not being renewed. With the planned decommissioning of the Tiverton VOR/DME occurring, several of the Federal airways proposed for amendment in the NPRM are impacted and will require additional amendment. Based on the timing of the NPRM and the planned Tiverton VOR/DME decommissioning project, and that several airways are affected by both actions, the FAA decided to incorporate both activities into this airspace docket action. By merging the planned Tiverton VOR/DME decommissioning activity with this action, additional proposed amendments to V-92, V-133, and V-210 are necessary. Additionally, NAV CANADA has amended V-43 within Canada's airspace that requires the FAA to adjust the proposed amendment to V-43. The remaining Federal airways associated with the Tiverton VOR/DME (V-443, V-523, and V-525) require no additional proposed amendments beyond those proposed in the NPRM.

    Additionally, the FAA reviewed the airway amendments proposed in the NPRM and the Cleveland/Detroit Metroplex project redesign and has now determined the two activities are in fact independent of each other and not connected. The FAA mischaracterized the connection between the redesign and the airway changes in the NPRM. The airway amendments proposed in the NPRM support the FAA's NextGen efforts to safely improve the overall efficiency of the NAS.

    Since several airway amendments proposed in the NPRM require further amendment, and the NPRM characterization requires clarification that the airway amendments proposed in the NPRM support the FAA's NextGen efforts independent from the FAA's Cleveland/Detroit Metroplex project activities, the FAA has determined it is necessary to reopen the comment period to provide additional opportunity for public comment.

    The FAA is undertaking this action in support of its NextGen goal to safely improve the overall efficiency of the NAS by increasing efficiencies in the enroute structure and areas with complex air traffic flows. More specifically, the proposed changes would enhance the way aircraft navigate the enroute airspace, improve airport access, and make flight routes more efficient by optimizing the operations and procedures based on satellite-based navigation.

    Lastly, the FAA plans to continue NextGen modernization efforts of the Cleveland and Detroit terminal radar approach control (TRACON) airspace areas, at a later date, by working with the facilities to establish RNAV T-routes designed to enhance the flow of traffic through their busy terminal airspace areas. Any new RNAV T-routes that result from that process will be proposed in a separate airspace docket action.

    Differences From NPRM

    The legal description to V-2 is revised to reflect the proposed amendment.

    The proposed amendment to V-43 is revised to include removing the airway segment between the Erie, PA, VORTAC and the Buffalo, NY, VOR/DME.

    The proposed amendment to V-92 is revised to include removing the airway segments between the intersection of the Chicago Heights, IL, VORTAC 358° and Chicago O'Hare, IL, VOR/DME 127° radials (BEBEE fix) and the Chicago Heights, IL, VORTAC; between the Goshen, IN, VORTAC and the intersection of the Goshen, IN, VORTAC 092°(T)/092°(M) and Fort Wayne, IN, VORTAC 016°(T)/016°(M) radials (ILTON fix); and between the Tiverton, OH, VOR/DME and the Newcomerstown, OH, VOR/DME.

    The proposed amendment to V-133 is revised to include removing the airway segment between the Zanesville, OH, VOR/DME and the Tiverton, OH, VOR/DME.

    The proposed amendment to V-210 is revised to include removing the airway segment between the Rosewood, OH, VORTAC and the Tiverton, OH, VOR/DME.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to modify VOR Federal airways V-43, V-92, V-133, and V-210. Those airway amendments are outlined below.

    V-2: The proposed amendment is unchanged, the FAA identified a typographical error in the regulatory text of the V-2 description. The description inadvertently included “, 259° radials; Buffalo” after “From Buffalo, NY” in describing the airway segment between the Buffalo, NY, VOR/DME and the Gardner, MA, VOR/DME. The regulatory text for the V-2 airway segment between the Buffalo, NY, VOR/DME and the Gardner, MA, VOR/DME is corrected in this SNPRM to read, “From Buffalo, NY; Rochester, NY; Syracuse, NY; Utica, NY; Albany, NY; INT Albany 084° and Gardner, MA, 284° radials; to Gardner.”

    V-43: V-43 currently extends between the Appleton, OH, VORTAC and the Buffalo, NY, VOR/DME. The FAA proposes to remove the airway segment between the Appleton, OH, VORTAC and the Youngstown, OH, VORTAC; and between the Erie, PA, VORTAC and the Buffalo, NY, VOR/DME. Additionally, this proposal removes the previously proposed addition of an exclusion statement for the airspace within Canada. The unaffected portion of the existing airway would remain unchanged.

    V-92: V-92 currently extends between the intersection of the Chicago Heights, IL, VORTAC 358° and Chicago O'Hare, IL, VOR/DME 127° radials (BEBEE fix) and the Armel, VA, VOR/DME. The FAA proposes to remove the airway segments between the intersection of the Chicago Heights, IL, VORTAC 358° and Chicago O'Hare, IL, VOR/DME 127° radials (BEBEE fix) and the Chicago Heights, IL, VORTAC; and between the Goshen, IN, VORTAC and the Newcomerstown, OH, VOR/DME. The unaffected portions of the existing airway would remain unchanged.

    V-133: V-133 currently extends between the intersection of the Charlotte, NC, VOR/DME 305° and Barretts Mountain, NC, VOR/DME 197° radials (LINCO fix) and the Mansfield, OH, VORTAC; and between the Salem, MI, VORTAC and the Red Lake, ON, Canada, VOR/DME; excluding the airspace within Canada. The FAA proposes to remove the airway segment between the Zanesville, OH, VOR/DME and the Mansfield, OH, VORTAC; and between the Salem, MI, VORTAC and the Saginaw, MI, VOR/DME. The unaffected portions of the existing airway and the exclusion statement for the airspace within Canada would remain unchanged.

    V-210: V-210 currently extends between the Los Angeles, CA, VORTAC and the Okmulgee, OK, VOR/DME; and between the Brickyard, IN, VORTAC and the Yardley, PA, VOR/DME. The FAA proposes to remove the airway segment between the Rosewood, OH, VORTAC and the Revloc, PA, VOR/DME. The unaffected portions of the existing airway would remain unchanged.

    The remaining VOR Federal airway amendments and removals proposed in the NPRM published in the Federal Register (82 FR 11859, February 27, 2017) are unchanged.

    All radials in the route descriptions below are unchanged and stated in True degrees.

    VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airways listed in this document would be subsequently published in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016, is amended as follows: Paragraph 6010(a) Domestic VOR Federal Airways. V-2 [Amended]

    From Seattle, WA; Ellensburg, WA; Moses Lake, WA; Spokane, WA; Mullan Pass, ID; Missoula, MT; Helena, MT; INT Helena 119° and Livingston, MT, 322° radials; Livingston; Billings, MT; Miles City, MT; 24 miles, 90 miles, 55 MSL, Dickinson, ND; 10 miles, 60 miles, 38 MSL, Bismarck, ND; 14 miles, 62 miles, 34 MSL, Jamestown, ND; Fargo, ND; Alexandria, MN; Gopher, MN; Nodine, MN; Lone Rock, WI; Madison, WI; Badger, WI; Muskegon, MI; to Lansing, MI. From Buffalo, NY; Rochester, NY; Syracuse, NY; Utica, NY; Albany, NY; INT Albany 084° and Gardner, MA, 284° radials; to Gardner.

    V-43 [Amended]

    From Youngstown, OH; to Erie, PA.

    V-92 [Amended]

    From Chicago Heights, IL; to Goshen, IN. From Newcomerstown, OH; Bellaire, OH; INT Bellaire 107° and Grantsville, MD, 285° radials; Grantsville; INT Grantsville 124° and Armel, VA, 292° radials; to Armel.

    V-133 [Amended]

    From INT Charlotte, NC, 305° and Barretts Mountain, NC, 197° radials; Barretts Mountain; Charleston, WV; to Zanesville, OH. From Saginaw, MI; Traverse City, MI; Escanaba, MI; Sawyer, MI; Houghton, MI; Thunder Bay, ON, Canada; International Falls, MN; to Red Lake, ON, Canada. The airspace within Canada is excluded.

    V-210 [Amended]

    From Los Angeles, CA, INT Los Angeles 083° and Pomona, CA, 240° radials; Pomona; INT Daggett, CA, 229° and Hector, CA, 263° radials; Hector; Goffs, CA; 13 miles, 23 miles 71 MSL, 85 MSL, Peach Springs, AZ; Grand Canyon, AZ; Tuba City, AZ; 10 miles 90 MSL, 91 miles 105 MSL, Rattlesnake, NM; Alamosa, CO; INT Alamosa 074° and Lamar, CO, 250° radials; 40 miles, 51 miles, 65 MSL, Lamar; 13 miles, 79 miles, 55 MSL, Liberal, KS; INT Liberal 137° and Will Rogers, OK, 284° radials; Will Rogers; INT Will Rogers 113° and Okmulgee, OK, 238° radials; Okmulgee. From Brickyard, IN, Muncie, IN; to Rosewood, OH. From Revloc, PA; INT Revloc 096° and Harrisburg, PA, 285° radials; Harrisburg; Lancaster, PA; INT Lancaster 095° and Yardley, PA, 255° radials; to Yardley.

    Issued in Washington, DC, on July 26, 2017. Rodger A. Dean, Jr., Manager, Airspace Policy Group.
    [FR Doc. 2017-16174 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 [Docket No. FAA-2015-3304; Notice No. 15-07] RIN 2120-AK66 Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations; Withdrawal AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM); withdrawal.

    SUMMARY:

    The FAA is withdrawing a previously published NPRM that proposed to revise the temporary flight restriction (TFR) provision for space flight operations to make the restrictions applicable to all aircraft including non-U.S. registered aircraft, instead of only U.S. registered aircraft or aircraft flown by pilots using a FAA pilot certificate. The NPRM also proposed to amend language for consistency with other TFR provisions and commercial space regulations and definitions by replacing “space flight operations” with “launch, reentry, or amateur rocket operations.” The intended effect of the proposed action was to further enhance the safety in the affected airspace and improve the readability of the TFR requirements. After further review of this action and the changing technology and scope of new flight operations, the FAA determined that a better assessment of TFRs in the National Air Space (NAS) is needed to address present day operations; therefore, it is withdrawing this NPRM.

    DATES:

    The FAA is withdrawing the NPRM published on September 2, 2015 (80 FR 53033) as of August 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    For technical questions concerning this action, contact Patrick Moorman, Airspace Regulations Team, AJV-113, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8745; email [email protected]

    SUPPLEMENTARY INFORMATION: I. Overview of Notice 15-07 (NPRM)

    Section 91.143 of Title 14 of the Code of Federal Regulations (CFR) authorizes the FAA to issue a Notice to Airmen (NOTAM) prohibiting a person from operating any aircraft of U.S. registry or piloting an aircraft under the authority of an airman certificate issued by the FAA in areas designated in the NOTAM for space flight operations. By restricting non-essential aircraft from the designated recovery area, the FAA ensures the safe recovery of spacecraft while mitigating the risk of an aircraft collision.

    On September 2, 2015, the FAA published an NPRM, Notice No. 15-07, proposing to amend § 91.143 [80 FR 53033] to ensure that all aircraft—not only U.S. registered aircraft or aircraft flown by pilots using an FAA pilot certificate—are restricted from operating in airspace designated for launch, reentry, or amateur rocket operations. The FAA also proposed amending the provision to update and clarify that the FAA issues NOTAMs that designate a TFR under § 91.143 for launch, reentry, or Class 2 or 3 amateur rocket operations, when the FAA determines a TFR is necessary to maintain safety because technological changes have resulted in an increased growth of larger amateur rockets with greater power. The NPRM would also amend the language of § 91.143 to align with the terminology used in 51 U.S.C. Chapter 509 and the FAA space transportation regulations and definitions by replacing “space flight operations” with “launch, reentry, or amateur rocket operations.” The FAA intended to strengthen the understandability of these requirements and enhance safety in the affected airspace.

    II. Discussion of Comments Received on the NPRM

    The 60-day comment period closed on November 2, 2015. The FAA received two comments from individuals regarding: (1) The use of ambiguous language in the proposed regulation that does not address the uniqueness of unmanned aircraft operations and (2) a recommendation to limit the length of a TFR to a narrow window of time.

    One commenter suggested that the FAA limit the length of the TFR to a narrow window of time not to exceed 24 hours and recommended that a 48-hour notice be provided via NOTAM. The individual commented that any TFR longer than 24 hours is not temporary and should be established as a restricted area by rulemaking under the Administrative Procedures Act. This comment is outside the scope of this rulemaking because time limits were not proposed in the NPRM and are not addressed in the existing rule. The FAA notes, however, that TFRs issued under § 91.143 are established within the airspace and over a period of time necessary to contain the activity and ensure the safety of the NAS.

    Another commenter suggested that the use of the proposed language: “No person may operate an aircraft within an area . . .” presents an undesirable level of ambiguity when considering unmanned aircraft and drones—particularly autonomously guided or preprogrammed aircraft that follow GPS coordinates or are otherwise not under the direct control of a person.

    The FAA defines the term “operate” broadly. Under the definition in § 1.1, “operate with respect to aircraft, means use, cause to use or authorize to use aircraft, for the purpose (except as provided in § 91.13) of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).” Therefore, the term “operate” captures persons who operate the aircraft directly and those who cause an aircraft to be operated, whether manned or unmanned. Additionally, “within” as used in the phrase “within an area designated for launch, reentry, or amateur rocket operations” refers to the location of the aircraft, not the location of the operator.

    III. Reason for Withdrawal

    The FAA has decided to withdraw this rulemaking because it has determined that this regulatory course of action requires further study of the changing environment of flight operations, including new technologies and new types of commercially viable operations. The proposed rule references launch, reentry, and amateur rocket operations, replacing the reference to “space operations,” which encompasses both launch and reentry; however, narrowing TFRs to launch, reentry, and amateur rockets operations without understanding the complete scope of all space operations could unknowingly narrow the applicability of TFRs. A greater understanding of current flight operations will serve to enhance the effectiveness of the TFRs. From an efficiency standpoint, the FAA strives to integrate all operations in the NAS, and because TFRs are necessary to provide the highest level of safety, the FAA is withdrawing this NPRM to better assess the scope of TFR regulations in the NAS. The FAA will continue to include launches, reentries, and amateur rocket operations under “space operations” in § 91.143.

    IV. Conclusion

    The FAA has determined that this regulatory course of action requires further study and that withdrawal of this NPRM is necessary. Withdrawal of Notice No. 15-07 does not preclude the FAA from issuing another notice on the subject matter in the future or commit the agency to any future course of action. The Agency will make any future necessary changes to the Code of Federal Regulations through an NPRM with opportunity for public comment.

    Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, directs that, unless prohibited by law, whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed. In addition, any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs. Only those rules deemed significant under section 3(f) of Executive Order 12866, Regulatory Planning and Review, are subject to these requirements.

    The FAA has evaluated this withdrawal based on the requirements of Executive Order 13771. Because the FAA determined that the NPRM was not a significant regulatory action under Executive Order 12866, the withdrawal of the NPRM does not constitute an Executive Order 13771 deregulatory action. In addition, the FAA also finds that there are no quantifiable costs or benefits associated with this withdrawal, and may therefore publish this action without identifying two offsetting deregulatory actions. The FAA, therefore, is withdrawing Notice No. 15-07, published in 80 FR 53033 on September 2, 2015.

    Issued under authority provided by 49 U.S.C. 106(f) and § 40103(b) in Washington, DC, on July 21, 2017. Gary A. Norek, Acting Director, Airspace Services.
    [FR Doc. 2017-16198 Filed 8-1-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 61 RIN 2900-AP54 VA Homeless Providers Grant and Per Diem Program; Correction AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Proposed rule; corrections.

    SUMMARY:

    The Department of Veterans Affairs (VA) Affairs is correcting a proposed rule that proposes to amend its regulations concerning the VA Homeless Providers Grant and Per Diem (GPD) Program that was published in the Federal Register on July 25, 2017. These corrections address technical errors in the proposed rule.

    DATES:

    The correction is effective August 2, 2017.

    ADDRESSES:

    Written comments may be submitted through www.regulations.gov; by mail or hand-delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Ave NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AP54—VA Homeless Providers Grant and Per Diem Program.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Guy Liedke, Program Analyst, Grant/Per Diem Program, (673/GPD), VA National Grant and Per Diem Program Office, 10770 N. 46th Street, Suite C-200, Tampa, FL 33617, (877) 332-0334, [email protected] (This is a toll-free number.)

    SUPPLEMENTARY INFORMATION:

    VA is correcting its proposed rule that proposes to amend its regulations concerning the VA Homeless Providers Grant and Per Diem (GPD) Program.

    In FR Doc. 17-15338 appearing on page 34457 in the Federal Register of Tuesday, July 25, 2017, the following corrections are made:

    On page 34459, in the first column, in the second full paragraph, add a new first sentence, “VA makes no changes to paragraphs (b) and (c) and merely restates them.” Immediately preceding the sentence, “Proposed paragraphs (d), (f), and (h) restate, without substantive change, material that currently appears at § 61.33(e), (g), and (i).”

    § 61.33 [Corrected]

    On page 34463, in the first column, amend § 61.33(2)(A) by removing “(A)” and replacing it with “(i)”, and in § 61.33(2)(B) by removing “(B)” and replacing it with “(ii)”.

    On page 34463, in the second column, amend § 61.33(c) by removing “118” and replacing it with “1/8”.

    Janet J. Coleman, Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.
    [FR Doc. 2017-16179 Filed 8-1-17; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0411; FRL-9965-51-Region 9] Approval and Promulgation of Implementation Plans; Enhanced Monitoring; California AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of California on November 10, 1993. This SIP revision concerns the establishment of a Photochemical Assessment Monitoring System (PAMS) network in six ozone nonattainment areas within California. The EPA is proposing this action under the Clean Air Act based on the conclusion that all applicable statutory and regulatory requirements related to PAMS SIP revisions have been met.

    DATES:

    Any comments must arrive by September 1, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R09-OAR-2017-0411 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, the 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. The 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:

    Doris Lo, EPA Region IX, (415) 972-3959, [email protected].

    SUPPLEMENTARY INFORMATION:

    Throughout this document, “we,” “us,” and “our” refer to the EPA.

    Table of Contents I. Background Information II. Analysis of State Submission III. Proposed Action and Request for Public Comment IV. Statutory and Executive Order Reviews I. Background Information

    The Clean Air Act (CAA or “Act”) requires the EPA to establish National Ambient Air Quality Standards (NAAQS or “standards”) for certain widespread pollutants, such as ozone, that cause or contribute to air pollution that is reasonably anticipated to endanger public health or welfare.1 In 1979, we promulgated an ozone NAAQS of 0.12 parts per million (ppm), one-hour average (“1-hour ozone standard”).2

    1See sections 108 and 109 of the Act.

    2See 44 FR 8202, February 8, 1979.

    The Act, as amended in 1990, required the EPA to designate as nonattainment any ozone areas that were still designated nonattainment under the 1977 Act Amendments, and any other areas violating the 1-hour ozone standard, generally based on air quality monitoring data from the 1987 through 1989 period.3 The 1990 CAA Amendments further classified these areas, based on the severity of their nonattainment problem, as Marginal, Moderate, Serious, Severe or Extreme.

    3See section 107(d)(4) of the Act. See also 56 FR 56694, November 6, 1991.

    The control requirements and date by which attainment of the one-hour ozone standard was to be achieved varied with an area's classification. Marginal areas were subject to the fewest mandated control requirements and had the earliest attainment date while higher classified areas were subject to more stringent planning requirements and were provided more time to attain the standard.

    In 1991, we published the initial ozone classifications for nonattainment areas within each state, and within California, we classified six ozone nonattainment areas as Serious, Severe, or Extreme: Los Angeles-South Coast Air Basin (“South Coast”), Sacramento Metro, San Diego County, San Joaquin Valley, Southeast Desert Modified AQMA (“Southeast Desert”) and Ventura County.4 Such areas were subject to many requirements, including those related to enhanced monitoring in CAA section 182(c)(1).

    4See 56 FR 56694, November 6, 1991.

    Section 182(c)(1) of the CAA requires that the EPA promulgate rules for enhanced monitoring of ozone, oxides of nitrogen (NOX), and volatile organic compounds (VOC) no later than 18 months after the date of the enactment of the 1990 CAA Amendments. These rules are intended to provide a mechanism for obtaining more comprehensive and representative data on ozone air pollution in areas designated nonattainment and classified as Serious, Severe or Extreme.

    The final PAMS rule was promulgated by the EPA on February 12, 1993 (58 FR 8452). Section 58.40(a) of the revised rule requires the State to submit a PAMS network description, including a schedule for implementation, to the Administrator within six months after promulgation or by August 12, 1993.5

    5 Since 1993, EPA has significantly amended and re-organized the monitoring network requirements in 40 CFR part 58. For the purposes of this action, the citations to part 58 refer to the July 1, 1993 version of 40 CFR part 58, not the current version because the California PAMS network description submitted in 1993 was intended to address the regulatory requirements that applied at the time.

    On August 12, 1993, the California Air Resources Board (CARB) submitted proposed PAMS network plans to the EPA that included a schedule for implementation for each of the six subject areas in California. This submittal was reviewed and approved in stages for the different areas.6 In each case, the EPA concluded that the submitted network plans satisfy the requirements of 40 CFR 58.40(a). Since network descriptions may change annually, they are not part of the SIP as recommended by the document, “Guideline for the Implementation of the Ambient Air Monitoring Regulations, 40 CFR part 58.” However, the network description is negotiated and approved during the annual review via the grant process under section 105 of the Act, as required by 40 CFR 58.20(d), 58.25, 58.36, and 58.46.

    6See, e.g., memorandum from William F. Hunt, Jr., Director, Emissions, Monitoring, and Analysis Division, EPA Office of Air Quality Planning and Standards (OAQPS) to David P. Howekamp, Director, Air and Toxics Division, EPA Region IX, dated September 22, 1995 (reference to approval in part of the PAMS Network Plan for the South Coast and Southeast Desert); memorandum from William F. Hunt, Jr., Director, Emissions, Monitoring, and Analysis Division, EPA OAQPS to David Howekamp, Director, Air and Toxics Division, EPA Region IX, dated August 15, 1995 (reference to approval in part of the PAMS Network Plan for Sacramento County); letter from David P. Howekamp, Air Division Director, EPA Region IX, to Richard J. Sommerville, Air Pollution Control Officer (APCO), San Diego County Air Pollution Control District (APCD), March 9, 1994 (approval in part of the PAMS Network Plan for San Diego County); memorandum from William F. Hunt, Jr., Director, Emissions, Monitoring, and Analysis Division, EPA OAQPS to David Howekamp, Director, Air and Toxics Division, EPA Region IX, dated August 16, 1995 (reference to approval in part of the PAMS Network Plan for San Joaquin Valley); and letter from David P. Howekamp, Air Division Director, EPA Region IX, to Richard H. Baldwin, APCO, Ventura County APCD, March 9, 1994 (approval in part of the PAMS Network Plan for Ventura County).

    Section 182(c)(1) also requires that the SIP be revised to contain measures to improve the ambient monitoring of ozone, NOX, and VOC in ozone nonattainment areas classified as Serious, Severe or Extreme. The final PAMS rule requires that SIP revisions under section 182(c)(1) provide for the establishment and maintenance of a PAMS network.

    On November 10, 1993, CARB submitted to the EPA a SIP revision for PAMS in California (“California PAMS SIP revision”). The California PAMS SIP revision consists of PAMS commitments from five California air districts with jurisdiction within the six relevant ozone nonattainment areas: the South Coast Air Quality Management District(for South Coast and Southeast Desert areas); Sacramento Metro AQMD (for the Sacramento Metro area); San Diego County Air Pollution Control District (for the San Diego County area); San Joaquin Valley Unified APCD (for the San Joaquin Valley area), and Ventura County APCD (for the Ventura County area), as well as CARB Executive Orders approving the commitments, and public process documentation. The California PAMS SIP revision is intended to meet the requirements of section 182(c)(1) of the Act and affect compliance with the PAMS regulations, codified at 40 CFR part 58, as promulgated on February 12, 1993.

    II. Analysis of State Submission

    The criteria used to review the SIP revision submittal are derived from the CAA, and include: The General Preamble; 7 the PAMS regulations, codified at 40 CFR part 58; “Guideline for the Implementation of the Ambient Air Monitoring Regulations: 40 CFR part 58—Guideline Series” (EPA-450/4-78-038, Office of Air Quality Planning and Standards, November 1979); and the September 2, 1993, memorandum from G.T. Helms titled, “Final Boilerplate Language for the PAMS SIP Submittal.”

    7 EPA, General preamble for future proposed rulemakings, State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992) (“General Preamble”). The enhanced monitoring requirement in CAA section 182(c)(1) is addressed on page 13515 of the General Preamble.

    The September 2, 1993, Helms boilerplate memorandum stipulates that the PAMS SIP, at a minimum, must: Provide for monitoring of criteria pollutants, such as ozone and nitrogen dioxide and non-criteria pollutants, such as nitrogen oxides, speciated VOCs, including carbonyls, as well as meteorological parameters; provide a copy of the approved (or proposed) PAMS network description, including the phase-in schedule, for public inspection during the public notice and/or comment period provided for in the SIP revision or, alternatively, provide information to the public upon request concerning the State's plans for implementing the rules; make reference to the fact that PAMS will become a part of the State or local air monitoring stations (SLAMS) network; and provide a statement that SLAMS will employ federal reference or equivalent methods (FRMs or FEMs) while most PAMS sampling will be conducted using methods that are not FRMs or FEMs but approved by the EPA.

    The California PAMS SIP revision provides that each of the five relevant air districts will implement PAMS as required in 40 CFR part 58, as amended February 12, 1993. Each district will amend its SLAMS and its National Air Monitoring Stations monitoring systems to include the PAMS requirements. Each district will develop its PAMS network design and establish monitoring sites pursuant to 40 CFR part 58 in accordance with an approved network description and as negotiated with the EPA through the CAA section 105 grant process on an annual basis. Each district also provided the public with an opportunity to inspect the proposed network description during the public review process for the proposed SIP revision prior to forwarding the adopted version to CARB for approval and submittal to the EPA as a revision to the California SIP.

    The five California air districts have implemented their PAMS networks as required in 40 CFR part 58. Each relevant air district also includes a provision to meet quality assurance requirements as contained in 40 CFR part 58, appendix A and a provision to assure that the PAMS monitors will meet monitoring methodology requirements contained in 40 CFR part 58, appendix C. Lastly, the air districts provided assurance that the PAMS network within their respective jurisdictions will be phased in over a period of not more than five years as required in 40 CFR 58.44.

    As such, we conclude that the PAMS SIP revision submitted by CARB on November 10, 1993, meets the relevant statutory and regulatory requirements, and we propose to approve it as part of the California SIP.

    III. Proposed Action and Request for Public Comment

    Under CAA section 110(k)(3) and for the reasons discussed above, the EPA proposes to approve the California PAMS SIP revision submitted on November 10, 1993, for six ozone nonattainment areas in California. We will accept comments from the public on the proposed approval for the next 30 days.

    IV. Statutory and Executive Order Reviews

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

    • Does not provide the 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 the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed action 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).

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: July 14, 2017. Deborah Jordan, Acting Regional Administrator, Region IX.
    [FR Doc. 2017-16276 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 192 [EPA-HQ-OAR-2012-0788; FRL-9965-50-OAR] RIN 2060-AP43 Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule; reopening of comment period.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is announcing a reopening of the public comment period for the Notice of Proposed Rulemaking (NPRM) requesting public comment and information on revisions to the EPA's “Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings.”

    DATES:

    The comment period for the NPRM, published January 19, 2017 (82 FR 4408), is reopened. Written comments must be received on or before October 16, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2012-0788, at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Ingrid Rosencrantz, EPA Office of Radiation and Indoor Air, (202) 343-9286, [email protected]

    SUPPLEMENTARY INFORMATION:

    The EPA published the NPRM on January 19, 2017, in the Federal Register (82 FR 7400), which included a request for comments on or before July 18, 2017. The purpose of this document is to reopen that comment period.

    A. What should I consider as I prepare my comments for the EPA?

    1. Tips for Preparing Your Comments. When submitting comments, remember to:

    • Identify the rulemaking by docket number, subject heading, Federal Register date and page number.

    • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

    • Describe any assumptions and provide any technical information and/or data that you used.

    • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow it to be reproduced.

    • Illustrate your concerns with specific examples and suggest alternatives.

    • Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

    • Make sure to submit your comments by the comment period deadline identified.

    B. How can I get copies of this document, the proposed rule and other related information?

    The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2012-0788. The EPA has also developed a Web site for the NPRM at: https://www.epa.gov/radiation/40-cfr-part-192-proposed-rulemaking-and-background-documents. Please refer to the original Federal Register NPRM for detailed information on accessing information related to the document.

    In response to requests for an extension, we are reopening the public comment period for this NPRM through October 16, 2017. This action will provide the public additional time to provide comment on updating this standard.

    Dated: July 26, 2017. Jonathan D. Edwards, Director, Office of Radiation and Indoor Air.
    [FR Doc. 2017-16170 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
    82 147 Wednesday, August 2, 2017 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document Number AMS-SC-17-0015] Fruit and Vegetable Industry Advisory Committee (FVIAC): Notice of Intent To Renew Charter and Call for Nominations AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice: intent to renew charter and call for nominations.

    SUMMARY:

    The Fruit and Vegetable Industry Advisory Committee (FVIAC) was established to examine the full spectrum of fruit and vegetable issues and provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs to better meet the needs of the fruit and vegetable industry. Through this Notice, USDA is announcing the following: Its intent to renew the Charter of the FVIAC, which expires on July 28, 2017; its call for nominations to fill ten (10) upcoming vacancies for appointments in 2017, and its call for nominations for a pool of candidates to fill future unexpected vacancies in any of the position categories should that occur.

    DATES:

    The current FVIAC Charter expires on July 28, 2017. Written nominations must be postmarked on or before September 1, 2017.

    ADDRESSES:

    Nomination applications can be sent via email to Marlene Betts at [email protected], or mailed to: USDA-AMS-SCP, 1400 Independence Avenue SW., Room 2077-S., Stop 0235, Washington, DC 20250-0235. Electronic submittals are preferred.

    FOR FURTHER INFORMATION CONTACT:

    Marlene Betts, (202) 720-5057; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2), notice is hereby given that the Secretary of Agriculture intends to renew the Fruit and Vegetable Industry Advisory Committee (FVIAC) for two years. The purpose of the FVIAC is to examine the full spectrum of issues faced by the fruit and vegetable industry and provide suggestions and ideas to the Secretary on how USDA can tailor its programs to better meet the fruit and vegetable industry's needs.

    The Deputy Administrator of the Agricultural Marketing Service's Specialty Crops Program will serve as the FVIAC Executive Secretary. Representatives from USDA mission areas and agencies affecting the fruit and vegetable industry will be called upon to participate in the FVIAC's meetings as determined by the FVIAC Executive Secretary and the FVIAC.

    Industry members are appointed by the Secretary of Agriculture and serve 2-year terms, with a maximum of three 2-year terms. Membership consists of 25 members who represent the fruit and vegetable industry and will include individuals representing fruit and vegetable growers/shippers, fruit and vegetable wholesalers/distributors, brokers, retailers/restaurant representatives, fresh-cut and other fruit and vegetable processors, and foodservice suppliers. It should also include individuals representing farmers markets and food hubs, organic and non-organic fruit and vegetable representatives, and representatives from state departments of agriculture, farmer organizations, and produce trade associations. Through this Notice, the USDA seeks to fulfill two goals. Firstly, it is seeking nominations to fill ten (10) upcoming vacancies. The Secretary of Agriculture will appoint one person to each of these ten positions to serve a 2-year term of office beginning August 1, 2017, and ending July 31, 2019. Secondly, the USDA is seeking nominations to fill future unexpected vacancies in any of the position categories. These nominations will be held as a pool of candidates that the Secretary of Agriculture can draw upon as replacement appointees if unexpected vacancies occur. A person appointed to fill a vacancy will serve for the remainder of the 2-year term of the vacant position.

    The Secretary of Agriculture invites those individuals, organizations, and groups affiliated with the categories listed above to nominate individuals or themselves for membership on the FVIAC. Nominations should describe and document the proposed member's fruit and vegetable industry qualifications for membership to the FVIAC. The Secretary of Agriculture seeks a diverse group of members representing a broad spectrum of persons interested in providing suggestions and ideas on how USDA can tailor its programs to meet the fruit and vegetable industry's needs.

    To nominate yourself or someone else, please submit the following: A resume (required), Form AD-755 (required), which can be accessed at: https://www.ams.usda.gov/about-ams/facas-advisory-councils/fviac/nominations, a cover letter, and a list of endorsements or letters of recommendation (optional). Resumes must be no longer than 5 pages, and should include a summary of the following information: Current and past organization affiliations; areas of expertise; education; career positions held; any other notable positions held.

    Equal opportunity practices will be followed in all appointments to the FVIAC in accordance with USDA policies. To ensure that FVIAC recommendations take into account the needs of the diverse groups served by USDA, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, person with disabilities and limited resource agriculture producers.

    The information collection requirements concerning the nomination process have been previously cleared by the Office of Management and Budget (OMB) under OMB Control No. 0505-0001.

    Dated: July 27, 2017. Bruce Summers, Acting Administrator.
    [FR Doc. 2017-16202 Filed 8-1-17; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Solicitation of Input From Stakeholder and Public Listening Session Regarding: Capacity Building Grants for Non-Land-Grant Colleges of Agriculture (NLGCA); The Secondary Education, Two-Year Postsecondary Education and Agriculture in the K-12 Classroom Challenge Grants Program (SPECA); The Women and Minorities in Science, Technology, Engineering, and Mathematics Fields Program (WAMS); The Higher Education Challenge Grants Program (HEC) AGENCY:

    National Institute of Food and Agriculture, USDA.

    ACTION:

    Notice of web-based listening session and request for stakeholder input.

    SUMMARY:

    As part of the National Institute of Food and Agriculture's (NIFA) strategy to successfully meet the needs of its stakeholders, NIFA will host a virtual listening session. The focus of the listening session is to gather stakeholder input regarding capacity building grants for Non-Land-Grant Colleges of Agriculture (NLGCA); The Secondary Education, Two-Year Postsecondary Education and Agriculture in the K-12 Classroom Challenge Grants Program (SPECA); The Women and Minorities in Science, Technology, Engineering, and Mathematics Fields Program (WAMS); The Higher Education Challenge Grants Program (HEC). NIFA is particularly interested in achieving the most impact and identifying suggested priorities in these programs.

    DATES:

    The listening session will be held on Tuesday, August 15, 2017 from 1:30 p.m. to 3:30 p.m., Eastern Daylight Time (EDT). All written comments must be received by 5 p.m. EDT on August 15, 2017.

    ADDRESSES:

    The web-based listening session will be hosted using Adobe Connect and audio conference call. On August 15th, please access the following Web site, https://zoom.us/j/735656274. The audio conference call capabilities can be accessed at 1-888-844-9904, participant code 7923533#.

    Registration: You may submit comments, identified by NIFA-2017-0003, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Include NIFA-2017-0003 in the subject line of the message.

    Mail: Paper, disk or CD-ROM submissions should be submitted to Dr. Joyce Parker, Division of Community and Education; Institute of Youth, Family and Community (IYFC), National Institute of Food and Agriculture, U.S. Department of Agriculture, STOP 2201, 1400 Independence Avenue SW., Washington, DC 20250-2220.

    Instructions: All submissions received must include the agency name and reference to NIFA-2017-0003. All comments received will be posted to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Joyce Parker, Program Specialist, NIFA at (202) 401-4512 or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    Persons wishing to present during the web-based listening session on Tuesday, August 15, 2017, are requested to pre-register by contacting Dr. Joyce Parker at [email protected]. Participants may reserve one 5-minute comment period. More time may be available, depending on the number of people wishing to make a presentation. Reservations will be confirmed on a first-come, first-served basis. All other participants may provide comments during the listening session if time permits, or by the listed means.

    Background and Purpose: Capacity Building Grants for Non-Land-Grant Colleges of Agriculture (NLGCA)

    The purpose of this program is to assist the NLGCA Institutions in maintaining and expanding their capacity to conduct education, research, and outreach activities relating to agriculture, renewable resources, and other similar disciplines. NLGCA Institutions may use the funds to maintain and expand capacity: (A) To successfully compete for funds from Federal grants and other sources to carry out educational, research, and outreach activities that address priority concerns of national, regional, State, and local interest; (B) to disseminate information relating to priority concerns to—(i) interested members of the agriculture, renewable resources, and other relevant communities; (ii) the public; and (iii) any other interested entity; (C) to encourage members of the agriculture, renewable resources, and other relevant communities to participate in priority education, research, and outreach activities by providing matching funding to leverage grant funds; and, (D) through (i) the purchase or other acquisition of equipment and other infrastructure (not including alteration, repair, renovation, or construction of buildings); (ii) the professional growth and development of the faculty of the NLGCA Institution; and (iii) the development of graduate assistantships.

    Secondary Education, Two-Year Postsecondary Education, and Agriculture in the K-12 Classroom Challenge Grants Program (SPECA)

    The SPECA Challenge Grants Program is a NIFA-administered competitive grants program focused on improving formal, K-14 food, agricultural, natural resource, and human (FANH) sciences education. SPECA-funded projects ensure a competent and qualified workforce will exist to serve the FANH sciences system. At the same time, SPECA-funded projects improve the economic health and viability of communities through the development of degree programs emphasizing new and emerging employment opportunities. Finally, SPECA projects address the national challenge to increase the number and diversity of students entering the food, agricultural, natural resource, and human (FANH) sciences (i.e., having a FANH sciences workforce representative of the Nation's population).

    Women and Minorities in Science, Technology, Engineering, and Mathematics Fields Program (WAMS)

    The purpose of this program is to support research and extension projects that increase participation by women and underrepresented minorities from rural areas in STEM. NIFA intends this program to address educational needs, as determined by each institution, within broadly defined areas of food and agricultural sciences and related disciplines. Applications recommended for funding must highlight and emphasize a competent and qualified workforce to guide the food and agricultural sciences system. WAMS-funded projects should improve the economic health and viability of rural communities by developing research and extension initiatives that focus on new and emerging employment opportunities in STEM occupations. Hence, the goal of WAMS projects is to meet the national challenge to increase the number and diversity of students entering food and agriculture-related STEM disciplines (i.e. having a food and agricultural sciences workforce representative of the nation's population). Projects that contribute to the economic viability of rural communities are also encouraged.

    Higher Education Challenge Grants Program (HEC)

    The Higher Education Challenge Grants Program (HEC) is a NIFA-administered competitive grants program focused on improving formal, baccalaureate or master's degree level food, agricultural, natural resources, and human sciences (FANH) education and first professional degree-level education in veterinary medicine (DVM). HEC projects provide funding to eligible applicants to help ensure a competent, qualified and diverse workforce will exist to serve the FANH sciences system. At the same time, HEC-funded projects improve the economic health and viability of communities through the development of degree programs emphasizing new and emerging employment opportunities. Finally, HEC projects address the national challenge to increase the number and diversity of students entering the FANH sciences (i.e., having a FANH sciences workforce representative of the Nation's population).

    Implementation Plans

    All comments and the official transcript of the listening session, once available, may be reviewed on the NIFA Web page, https://nifa.usda.gov/stakeholder-feedback-education. NIFA plans to consider stakeholder input received from this listening session as well as other written comments in developing the Fiscal Year 2018-19 solicitations for these programs.

    Done at Washington, DC this 26th day of July, 2017. Sonny Ramaswamy, Director, National Institute of Food and Agriculture.
    [FR Doc. 2017-16262 Filed 8-1-17; 8:45 am] BILLING CODE 3410-22-P
    DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Solicitation of Input From Stakeholders Regarding the Higher Education Multicultural Scholars Program (MSP) and the National Needs Graduate and Postgraduate Fellowship (NNF) Grants Program: Stakeholder and Public Listening Session AGENCY:

    National Institute of Food and Agriculture, USDA.

    ACTION:

    Notice of web-based listening session and request for stakeholder input.

    SUMMARY:

    As part of the National Institute of Food and Agriculture's (NIFA) strategy to successfully meet the needs of its stakeholders, NIFA will host a virtual listening session. The focus of the listening session is to gather stakeholder input for the Higher Education Multicultural Scholars Program (MSP) and the National Needs Graduate and Postgraduate Fellowship (NNF) Grants Program Request for Applications (RFA) in Fiscal Year (FY) 2018. NIFA is particularly interested achieving the most impact and identifying suggested priorities in these workforce development programs.

    DATES:

    The listening session will be held on Thursday, August 24, 2017 from 1:30 p.m. to 3:30 p.m., Eastern Daylight Time (EDT). Anyone interested may submit written comments. All written comments must be submitted to Dr. Joyce Parker at [email protected] by 5 p.m. EDT on August 24, 2017.

    ADDRESSES:

    The web-based listening session will be hosted using Adobe Connect and audio conference call. On August 24th, please access the following Web site, https://zoom.us/j/261558898. The audio conference call capabilities can be accessed at 1-888-844-9904, participant code 7923533#.

    Registration: Persons wishing to present during the web-based listening session on Thursday, August 24, 2017, are requested to pre-register by contacting Dr. Joyce Parker at [email protected] Participants may reserve one 5-minute comment period. More time may be available, depending on the number of people wishing to make a presentation. Reservations will be confirmed on a first-come, first-served basis. All other participants may provide comments during the listening session if time permits, or by the listed means. You may submit comments, identified by NIFA-2017-0004, by any of the following methods:

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

    Email:

    For the MSP program email—[email protected]

    For the NNF program email—[email protected]

    Include NIFA-2017-0004 in the subject line of the message.

    Mail: Paper, disk or CD-ROM submissions should be submitted to Dr. Joyce Parker, Division of Community and Education; Institute of Youth, Family and Community (IYFC), National Institute of Food and Agriculture, U.S. Department of Agriculture, STOP 2201, 1400 Independence Avenue SW., Washington, DC 20250-2220.

    Instructions: All submissions received must include the agency name and reference to NIFA-2017-0004. All comments received will be posted to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Joyce Parker, Program Specialist, NIFA at (202) 401-4512 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Background and Purpose: Higher Education Multicultural Scholars Program (MSP)—The purpose of the MSP is to provide scholarships to support recruiting, engaging, retaining, mentoring, and training committed, eligible multicultural scholars, resulting in either baccalaureate degrees within the food and agricultural sciences disciplines or a Doctor of Veterinary Medicine (D.V.M.) degree. The scholarships are intended to encourage outstanding students from groups that are historically underrepresented and underserved to pursue and complete baccalaureate degrees in the Food, Agricultural, Natural Resources, and Human Sciences, or achieve a D.V.M., that would lead to a diverse and highly skilled work force.

    Through these scholarships, the goal of the MSP is to increase the participation of any group historically underrepresented in USDA mission areas and prepare them for the professional and scientific workforce in these areas. Underrepresented/underserved groups are those whose representation among food and agricultural professionals is disproportionately less than their proportion in the general population as indicated in standard statistical references, or as documented on a case-by-case basis by national survey data (e.g. the U.S. Department of Education's Digest of Education Statistics, U.S. Department of Agriculture's Food and Agricultural Education Information Systems, etc.).

    National Needs Graduate and Postgraduate Fellowship Grants Program (NNF)—The purpose of the NNF Grants Program is to provide funding to support students' training and completion of master's and/or doctoral degree programs in identified national need areas within the Food, Agricultural, Natural Resources, and Human Sciences. Awards made under NNF are specifically intended to support traineeship programs that engage outstanding students to pursue and complete their degrees in areas where there is a national need for the development of scientific and professional expertise in the food and agricultural sciences. NNF awards invest in graduate training and relevant international experiential learning for a cadre of diverse individuals who demonstrate their potential to successfully complete graduate degree programs in disciplines relevant to the mission of the USDA.

    Implementation Plans

    All comments and the official transcript of the listening session, once available, may be reviewed on the NIFA Web page, https://nifa.usda.gov/stakeholder-feedback-education. NIFA plans to consider stakeholder input received from this listening session as well as other written comments in developing the Fiscal Year 2018 solicitations for these programs.

    Done at Washington, DC, this 26 day of July, 2017. Sonny Ramaswamy, Director, National Institute of Food and Agriculture.
    [FR Doc. 2017-16259 Filed 8-1-17; 8:45 am] BILLING CODE 3410-22-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Notice of Request for Extension of a Currently Approved Information Collection AGENCY:

    Rural Business-Cooperative Service, USDA.

    ACTION:

    Proposed collection; comments requested.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service's (RBS) intention to revise a currently approved information collection in support of the program for the Annual Survey of Farmer Cooperatives, as authorized in the Cooperative Marketing Act of 1926.

    DATES:

    Comments on this notice must be received by October 2, 2017 to be assured of consideration.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this revision. Comments should refer to the information collection by name and/or OMB Control Number and should be sent to: James Wadsworth, Policy and Research Branch, RBS, U.S. Department of Agriculture, STOP 3254, 1400 Independence Avenue SW., Washington, DC 20250-3254, (202) 720-7395 (this is not a toll-free number) or email [email protected] for a copy of the information collection or other available information.

    FOR FURTHER INFORMATION CONTACT:

    James Wadsworth, Policy and Research Branch, RBS, U.S. Department of Agriculture, STOP 3254, 1400 Independence Avenue SW., Washington, DC 20250-3254, Telephone (202) 720-7395 (this is not a toll-free number) or send an email message to: [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Annual Survey of Farmer Cooperatives.

    OMB Number: 0570-0007.

    Expiration Date of Approval: November 30, 2017.

    Type of Request: Revision of a currently approved information collection.

    Abstract: A primary objective of Rural Business-Cooperative Service (RBS) is to promote understanding, use and development of the cooperative form of business as a viable option for enhancing the income of agricultural producers and other rural residents. RBS direct role is providing knowledge to improve the effectiveness and performance of farmer cooperative businesses through technical assistance, research, information, and education. The annual survey of farmer cooperatives collects basic statistics on cooperative business volume, net income, members, financial status, employees, and other selected information to support RBS' objective and role. Cooperative statistics are published in various reports and used by the U.S. Department of Agriculture, cooperative management and members, educators and researchers, and others in planning and in promoting the cooperative form of business.

    Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1 hour or less per response.

    Respondents: Farmer cooperatives.

    Estimated Number of Respondents: 1,175.

    Estimated Number of Responses per Respondent: 1.

    Estimated Number of Responses: 1,175.

    Estimated Total Annual Burden on Respondents: 1,160 Hours.

    Comments

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of RBS, including whether the information will have practical utility; (2) the accuracy of the RBS' 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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or forms of information technology. Comments may be sent to Jeanne Jacobs, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, Rural Development, Stop 0742, 1400 Independence Ave. SW., Washington, DC 20250. All comments received will be available for public inspection during regular business hours at the same address.

    All responses to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will become a matter of public record.

    Dated: July 25, 2017. Chad Parker, Acting Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2017-16183 Filed 8-1-17; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture, From the People's Republic of China; Partial Rescission of Antidumping Duty Administrative Review AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On March 15, 2017, the Department of Commerce (the Department) published a notice of initiation of an administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (PRC). Based on the timely withdrawal of the requests for review of certain companies, we are now rescinding this administrative review for the period January 1, 2016, through December 31, 2016, with respect to 67 companies.

    DATES:

    Effective August 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-0989.

    SUPPLEMENTARY INFORMATION:

    Background

    On January 4, 2005, the Department published in the Federal Register the antidumping duty order on wooden bedroom furniture from the PRC.1 On January 10, 2017, the Department published a notice of opportunity to request an administrative review of the Order. 2 The Department received multiple timely requests for an administrative review of the Order. 3 On March 15, 2017, in accordance with section 751(a) of Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), the Department published in the Federal Register a notice of the initiation of an administrative review of the Order. 4 The administrative review was initiated with respect to 80 companies or groups of companies, and covers the period from January 1, 2016, through December 31, 2016.5 The requesting parties have subsequently timely withdrawn all review requests for 67 of the 80 companies or groups of companies for which the Department initiated a review, as discussed below.

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture From the People's Republic of China, 70 FR 329 (January 4, 2005) (Order).

    2See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 82 FR 2951 (January 10, 2017).

    3See letter from Decca Furniture Limited, re: “Wooden Bedroom Furniture from the People's Republic of China: Decca Furniture Limited's Request for Administrative Review,” dated January 11, 2017; see letter from Fine Furniture (Shanghai) Limited, re: “Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China: Request for Review and Request for Voluntary Respondent Treatment,” dated January 18, 2017; see letter from Guangzhou Maria Yee Furnishings Ltd., PYLA HK LIMITED, and MARIA YEE, INC., re: “Wooden Bedroom Furniture from the People's Republic of China; Request for Administrative Review and Request for Voluntary Respondent Treatment,” dated January 25, 2017; see letter from the American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc., re: “Wooden Bedroom Furniture from the People's Republic of China: Request for Initiation of Administrative Review,” dated January 31, 2017; see letter from Kimball International, Inc., Kimball Furniture Group, Inc., and Kimball Hospitality Inc., re: ” Wooden Bedroom Furniture from the People's Republic of China: Request for Initiation of Antidumping Duty Administrative Review,” dated January 31, 2017; see letter from Xiamen Yongquan Sci-Tech Development Co., Ltd., re: “Request for Twelfth Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China,” dated January 31, 2017; and see letter from Ningbo Furniture Industries Limited, Ningbo Hengrun Furniture Co., Ltd. and Techniwood Industries Limited, re: “Request for Twelfth Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China,” dated January 31, 2017.

    4See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 13795 (March 15, 2017) (Initiation Notice).

    5Id.

    Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review. All requesting parties withdrew their respective requests for an administrative review of the companies or groups of companies listed in the Appendix to this notice within 90 days of the date of publication of the Initiation Notice. Accordingly, the Department is rescinding this review, in part, with respect to these companies for which all review requests were withdrawn, in accordance with our practice 6 and 19 CFR 351.213(d)(1).7 The administrative review will continue with respect to all other firms for which a review was requested and initiated.

    6See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Countervailing Duty Administrative Review; 2014, 81 FR 7082 (February 10, 2016).

    7See Appendix. As stated in Change in Practice in NME Reviews, the Department will no longer consider the non-market economy (NME) entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) (Change in Practice in NME Reviews). The PRC-wide entity is not subject to this administrative review because no interested party requested a review of the entity. See Initiation Notice.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.

    Notification to Importers

    This notice serves as the only reminder to importers whose entries will be liquidated as a result of this rescission notice, of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's assumption that the reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: July 27, 2017. James Maeder, Senior Director performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix • Beautter Furniture Mfg. Co. • Best Beauty Furniture Co. Ltd. • C.F. Kent Co., Inc. • C.F. Kent Hospitality, Inc. • Century Distribution Systems, Inc. • Clearwise Co., Ltd. • Dongguan Chengcheng Furniture Co., Ltd. • Dongguan Fortune Furniture Ltd. • Dongguan Jinfeng Creative Furniture • Dongguan Kingstone Furniture Co., Ltd.; Kingstone Furniture Co., Ltd. • Dongguan Nova Furniture Co., Ltd. • Dongguan Singways Furniture Co., Ltd. • Dongguan Zhisheng Furniture Co., Ltd. • Dorbest Ltd.; Rui Feng Woodwork Co., Ltd. aka Rui Feng Woodwork (Dongguan) Co., Ltd.; Rui Feng Lumber Development Co., Ltd. aka Rui Feng Lumber Development (Shenzhen) Co., Ltd. • Evergo Furniture Manufacturing Co., Ltd. • Fine Furniture (Shanghai) Ltd. • Fleetwood Fine Furniture LP • Fortune Furniture Ltd., • Foshan Bailan Imp. & Exp. Ltd. • Foshan Shunde Longjiang Zhishang Furniture Factory • Fujian Lianfu Forestry Co., Ltd. (aka Fujian Wonder Pacific Inc.) • Guangzhou Maria Yee Furnishings Ltd., Pyla HK Ltd., Maria Yee, Inc. • Haining Kareno Furniture Co., Ltd. • Hang Hai Woodcrafts Art Factory • Hangzhou Cadman Trading Co., Ltd. (Exporter) Haining Changbei Furniture Co., Ltd. (Producer) • Hualing Furniture (China) Co., Ltd.; Tony House Manufacture (China) Co., Ltd.; Buysell Investments Ltd.; Tony House Industries Co., Ltd. • Jiangmen Kinwai Furniture Decoration Co., Ltd. • Jiangmen Kinwai International Furniture Co., Ltd. • Jiangsu Dare Furniture Co., Ltd. • Jiangsu Xiangsheng Bedtime Furniture Co., Ltd. • Jiangsu Yuexing Furniture Group Co., Ltd. • Jiant Furniture Co. Ltd. • Jiashan Zhenxuan Furniture Co., Ltd • K Wee & Co., Ltd • Kunshan Summit Furniture Co., Ltd. • Nantong Wangzhuang Furniture Co. Ltd. • Nantong Yangzi Furniture Co., Ltd. • Nathan International Ltd.; Nathan Rattan Factory • Orient International Holding Shanghai Foreign Trade Co., Ltd. • Passwell Corporation; Pleasant Wave Ltd. • Perfect Line Furniture Co., Ltd. • PuTian Jinggong Furniture Co., Ltd. • Qingdao Liangmu Co., Ltd. • Restonic (Dongguan) Furniture Ltd.; Restonic Far East (Samoa) Ltd. • Shanghai Jian Pu Export & Import Co., Ltd. • Shenzhen Diamond Furniture Co., Ltd. • Shenzhen Forest Furniture Co., Ltd. • Shenzhen Jiafa High Grade Furniture Co., Ltd.; Golden Lion International Trading Ltd. • Shenzhen New Fudu Furniture Co., Ltd. • Shenzhen Wonderful Furniture Co., Ltd. • Shenzhen Xingli Furniture Co., Ltd. • Shing Mark Enterprise Co., Ltd.; Carven Industries Limited (BVI); Carven Industries Limited (HK); Dongguan Zhenxin Furniture Co., Ltd.; Dongguan Yongpeng Furniture Co., Ltd. • Sunforce Furniture (Hui-Yang) Co., Ltd.; Sun Fung Wooden Factory; Sun Fung Co.; Shin Feng Furniture Co., Ltd.; Stupendous International Co., Ltd. • Superwood Co., Ltd.; Lianjiang Zongyu Art Products Co., Ltd. • Techniwood Industries Ltd.; Ningbo Furniture Industries Ltd.; Ningbo Hengrun Furniture Co., Ltd. • Tradewinds Furniture Ltd. (Successor-In-Interest To Nanhai Jiantai Woodwork Co. Ltd.); Fortune Glory Industrial Ltd. (H.K. Ltd.) • Weimei Furniture Co., Ltd. • Wuxi Yushea Furniture Co., Ltd. • Xiamen Yongquan Sci-Tech Development Co., Ltd. • Yihua Timber Industry Co., Ltd.; Guangdong Yihua Timber Industry Co., Ltd. • Zhangjiagang Daye Hotel Furniture Co., Ltd. • Zhangzhou Guohui Industrial & Trade Co., Ltd. • Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. • Zhong Shun Wood Art Co. • Zhongshan Fookyik Furniture Co., Ltd. • Zhongshan Golden King Furniture Industrial Co., Ltd. • Zhoushan For-Strong Wood Co., Ltd.
    [FR Doc. 2017-16261 Filed 8-1-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket No.: 170707635-7635-01] RIN 0693-XC075 National Cybersecurity Center of Excellence (NCCoE) Secure Inter-Domain Routing Building Block AGENCY:

    National Institute of Standards and Technology, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of Standards and Technology (NIST) invites organizations to provide products and technical expertise to support and demonstrate security platforms for the Secure Inter-Domain Routing Building Block. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the Secure Inter-Domain Routing Building Block. Participation in the building block is open to all interested organizations.

    DATES:

    Interested parties must contact NIST to request a letter of interest template to be completed and submitted to NIST. Letters of interest will be accepted on a first come, first served basis. Collaborative activities will commence as soon as enough completed and signed letters of interest have been returned to address all the necessary components and capabilities, but no earlier than September 1, 2017. When the building block has been completed, NIST will post a notice on the NCCoE Secure Inter-Domain Routing Building Block Web site at: https://nccoe.nist.gov/projects/building-blocks/secure-inter-domain-routing, announcing the completion of the building block and informing the public that it will no longer accept letters of interest for this building block.

    ADDRESSES:

    The NCCoE is located at 9700 Great Seneca Highway, Rockville, MD 20850. Letters of interest must be submitted to [email protected] or via hardcopy to National Institute of Standards and Technology, NCCoE; 9700 Great Seneca Highway, Rockville, MD 20850. Organizations whose letters of interest are accepted in accordance with the process set forth in the SUPPLEMENTARY INFORMATION section of this notice will be asked to sign a consortium Cooperative Research and Development Agreement (CRADA) with NIST. An NCCoE consortium CRADA template can be found at: http://nccoe.nist.gov/node/138.

    FOR FURTHER INFORMATION CONTACT:

    William Haag, Jr. via email to [email protected]; by telephone 301-975-0239; or by mail to National Institute of Standards and Technology, NCCoE; 9700 Great Seneca Highway, Rockville, MD 20850. Additional details about the Secure Inter-Domain Routing Building Block are available at: https://nccoe.nist.gov/projects/building-blocks/secure-inter-domain-routing.

    SUPPLEMENTARY INFORMATION:

    Background: The NCCoE, part of NIST, is a public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. The NCCoE brings together experts from industry, government, and academia under one roof to develop practical, interoperable cybersecurity approaches that address the real-world needs of complex Information Technology (IT) systems. By accelerating dissemination and use of these integrated tools and technologies for protecting IT assets, the NCCoE will enhance trust in U.S. IT communications, data, and storage systems; reduce risk for companies and individuals using IT systems; and encourage development of innovative, job-creating cybersecurity products and services.

    Process: NIST is soliciting responses from all sources of relevant security capabilities (see below) to enter into a Cooperative Research and Development Agreement (CRADA) to provide products and technical expertise to support and demonstrate security platforms for the Secure Inter-Domain Routing Building Block. The full building block can be viewed at: https://nccoe.nist.gov/projects/building-blocks/secure-inter-domain-routing. Interested parties should contact NIST using the information provided in the FOR FURTHER INFORMATION CONTACT section of this notice. NIST will then provide each interested party with a letter of interest template, which the party must complete, certify that it is accurate, and submit to NIST. NIST will contact interested parties if there are questions regarding the responsiveness of the letters of interest to the building block objective or requirements identified below. NIST will select participants who have submitted complete letters of interest on a first come, first served basis within each category of product components or capabilities listed below up to the number of participants in each category necessary to carry out this building block. However, there may be continuing opportunity to participate even after initial activity commences. Selected participants will be required to enter into a consortium CRADA with NIST (for reference, see ADDRESSES section above). NIST published a notice in the Federal Register on October 19, 2012 (77 FR 64314) inviting U.S. companies to enter into National Cybersecurity Excellence Partnerships (NCEPs) in furtherance of the NCCoE. For this demonstration project, NCEP partners will not be given priority for participation.

    Building Block Objective: The building block objective is to demonstrate means for improving inter-domain routing security. This project will result in a NIST Cybersecurity Practice Guide—a publicly available description of the solution and practical steps needed to implement practices that effectively demonstrate the security and functionality of Route Origin Validation (ROV). A detailed description of the Secure Inter-Domain Routing Building Block is available at: https://nccoe.nist.gov/projects/building-blocks/secure-inter-domain-routing.

    Requirements: Each responding organization's letter of interest should identify which security platform component(s) or capability(ies) it is offering. Letters of interest should not include company proprietary information, and all components and capabilities must be commercially available. Components are listed in section 3 of the Secure Inter-Domain Routing Building Block (for reference, please see the link in the Process section above) and include, but are not limited to:

    • Routers with software that supports BGP, RPKI-ROV, and RPKI-Router protocol. • RPKI Validator Cache (or RPKI VC) • ROA data • Operations monitoring and validation tools • RIR RPKI repository • Data storage for operations monitoring and validation • BGP updates (minimum routes received by lab routers)

    Each responding organization's letter of interest should identify how their products address one or more of the following desired solution characteristics in section 3 of the Secure Inter-Domain Routing Building Block (for reference, please see the link in the Process section above):

    1. Network • Enterprise-grade network supporting servers and security tools • Router ○ eBGP enabled ○ Support for RPKI-Router protocol to communicate with RPKI VC ○ Minimum carrier grade router requirements ○ Support for IPv4/IPv6 routes ○ Internet feed to ISP router • Switches • Servers • Internet link from ISP • Government related requirements (Managed Trusted Internet Protocol Services (MTIPS) required or Trusted Internet Connection (TIC)) • Firewalls 2. RPKI • Design supports RPKI specifications described in RFCs 6480-6492 • RPKI VC ○ System requirements: Refer to the document of the specific RPKI VC ○ Rsync, RRDP and RPKI-Router capabilities ○ Minimal performance requirements (as specified by RPKI VC application vendor) • Hosted RPKI support from RIR 3. Tools • Monitoring and management tools for RPKI-ROV ○ Functionality monitoring of routers and RPKI VC ○ Performance of ROA affecting routers ○ Additional tools for securing ROV

    Responding organizations need to understand and, in their letters of interest, commit to provide:

    1. Access for all participants' project teams to component interfaces and the organization's experts necessary to make functional connections among security platform components.

    2. Support for development and demonstration of the Secure Inter-Domain Routing Building Block in NCCoE facilities which will be conducted in a manner consistent with the following standards and guidance: FIPS 200; FIPS 201; OMB Circular A-130; FIPS 140-2; SP 800-37 Rev. 1; SP 800-53 Rev. 4; SP 800-54; SP 800-57 Part 1; SP 800-130; SP 800-152; SP 800-160; NIST Framework for Improving Critical Infrastructure Cybersecurity; and RFCs 793, 3882, 4012 5280, 5575, 6092, 6472, 6480, 6481-6493, 6811, 7115, 7318, 7454, 7674, 7908, 7909, and 8097 . The project will also be informed by an in-progress draft 800-series NIST Special Publication (Secure Interdomain Traffic Exchange) and two internet draft BGP RFCs (BGPsec Protocol Specification and BGPsec Operational Considerations).

    Additional details about the Secure Inter-Domain Routing Building Block are available at: https://nccoe.nist.gov/projects/building-blocks/secure-inter-domain-routing.

    NIST cannot guarantee that all the products proposed by respondents will be used in the demonstration. Each prospective participant will be expected to work collaboratively with NIST staff and other project participants under the terms of the consortium CRADA in the development of the Secure Inter-Domain Routing Building Block. Prospective participants' contribution to the collaborative effort will include assistance in establishing the necessary interface functionality, connection and set-up capabilities and procedures, demonstration harnesses, environmental and safety conditions for use, integrated platform user instructions, and demonstration plans and scripts necessary to demonstrate the desired capabilities. Each participant will train NIST personnel, as necessary, to operate its product in capability demonstrations. Following successful demonstrations, NIST will publish a description of the security platform and its performance characteristics sufficient to permit other organizations to develop and deploy security platforms that meet the security objectives of the Secure Inter-Domain Routing Building Block. These descriptions will be public information.

    Under the terms of the consortium CRADA, NIST will support development of interfaces among participants' products by providing IT infrastructure, laboratory facilities, office facilities, collaboration facilities, and staff support to component composition, security platform documentation, and demonstration activities.

    The dates of the demonstration of the Secure Inter-Domain Routing, Building Block capability will be announced on the NCCoE Web site at least two weeks in advance at http://nccoe.nist.gov/. The expected outcome of the demonstration is to improve Secure Inter-Domain Routing within the enterprise. Participating organizations will gain from the knowledge that their products are interoperable with other participants' offerings.

    For additional information on the NCCoE governance, business processes, and NCCoE operational structure, visit the NCCoE Web site http://nccoe.nist.gov/.

    Phillip A. Singerman, Associate Director for Innovation and Industry Services.
    [FR Doc. 2017-16219 Filed 8-1-17; 8:45 am] BILLING CODE 3510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species (HMS) Individual Bluefin Tuna Quota Tracking AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before October 2, 2017.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Margo Schulze-Haugen, (301) 427-8503 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Amendment 7 to the 2006 Consolidated HMS Fishery Management Plan (79 FR 71510, December 2, 2014) implemented individual bluefin tuna quota (IBQ) shares and allocations for vessels permitted in the Atlantic Tunas Longline Category and Atlantic Tunas Purse Seine Category. IBQs are intended to fairly and effectively allocate limited quota for incidental capture of bluefin tuna among vessels in the Longline category, while minimizing dead discards and discouraging interactions with bluefin tuna, and better utilizing the Purse seine category quota. An on-line system developed by the NOAA National Marine Fisheries Service (NMFS) tracks allocations and allocation leases, and reconciles leases with bluefin tuna catches for quota monitoring. The extension of this collection of information will allow NMFS to continue to account for the reporting burden associated with allocation and lease tracking. There are no new requirements.

    First-time vessel permit holders in the affected categories must obtain and set up an IBQ account in the online “Catch Shares Online System” in order to be issued IBQ shares and resultant allocation, and to lease IBQ. To use the electronic IBQ System, first-time participants will need to request an account and set their account up with background information. The information collected during account issuance and set-up will be used by NMFS to verify the identity of the individual/business and whether they qualify for IBQ allocation leasing.

    The lease monitoring information collected by the online system will be used by each permit holder to keep track of their individual IBQ allocation, and document allocation leases with other IBQ participants. NMFS will use these data to ensure proper accounting of allocations among participants, and to track use of quota allocations and reconcile allocation usage with bluefin tuna catch and landings.

    Atlantic HMS fisheries are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Atlantic Tunas Convention Act (ATCA). Under the MSA, management measures must be consistent with ten National Standards, and fisheries must be managed to maintain optimum yield, rebuild overfished fisheries, and prevent overfishing. Under ATCA, the Secretary of Commerce shall promulgate regulations, as necessary and appropriate, to implement measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

    II. Method of Collection

    Information will be collected on line using the electronic IBQ System.

    III. Data

    OMB Control Number: 0648-0677.

    Form Number(s): None.

    Type of Review: Regular (extension of a current information collection).

    Affected Public: Businesses or other for-profit organizations; individuals or households; and State, Local, or Tribal government.

    Estimated Number of Respondents: 120.

    Estimated Time per Response: 10 minutes for initial application for IBQ account; 15 minutes per IBQ allocation lease.

    Estimated Total Annual Burden Hours: 29.

    Estimated Total Annual Cost to Public: $1,100 in recordkeeping/reporting costs (total annualized expense for 5% of respondents who may not have a computer and choose to purchase one).

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: July 27, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-16193 Filed 8-1-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF532 Northwest Atlantic Fisheries Organization Consultative Committee Nominations and Meeting Announcement AGENCY:

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

    ACTION:

    Notice calling for nominations and announcing meeting.

    SUMMARY:

    NOAA is soliciting nominations for individuals to serve as members of the Northwest Atlantic Fisheries Organization (NAFO) Consultative Committee. This action is necessary to ensure that the interests of U.S. stakeholders in the fisheries of the Northwest Atlantic Ocean are adequately represented in NAFO. NOAA is also announcing a meeting of the NAFO Consultative Committee.

    DATES:

    The NAFO Consultative Committee Meeting will be held on August 30, 2017.

    ADDRESSES:

    Nominations for NAFO Consultative Committee members should be made in writing to Mr. Patrick E. Moran, Office of International Affairs, National Marine Fisheries Service, at 1315 East-West Highway, Silver Spring, MD 20910. Nominations and questions about the NAFO Consultative Committee meeting may also be sent via email ([email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Patrick E. Moran, (301) 427-8370.

    SUPPLEMENTARY INFORMATION: Background

    NAFO is a regional fisheries management organization that coordinates scientific study and cooperative management of the fisheries resources of the Northwest Atlantic Ocean, excluding salmon, tunas/marlins, whales and sedentary species (e.g., shellfish). NAFO was established in 1979 by the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries. The United States acceded to the Convention in 1995, and has participated actively in NAFO since that time. In 2005, NAFO launched a reform effort to amend the Convention in order bring the Organization more in line with the principles of modern fisheries management. As a result of these efforts, the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries entered into force in May 2017. NAFO currently has 12 Contracting Parties, including Canada, Cuba, Denmark (in respect of Faroe Islands and Greenland), European Union, France (in respect of St. Pierre and Miquelon), Iceland, Japan, Norway, Republic of Korea, Russian Federation, Ukraine and the United States.

    As outlined in 16 U.S.C. 5607 provides that the Secretaries of Commerce and State shall jointly establish a NAFO Consultative Committee (NCC) to advise the Secretaries on issues related to the NAFO Convention. Membership in the NCC is open to representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. Members shall be appointed to a 2-year term and are eligible for reappointment. The NCC is exempted from the Federal Advisory Committee Act. NCC members are invited to attend all non-executive meetings of the U.S. Commissioners and at such meetings are given an opportunity to examine and to be heard on all proposed programs of study and investigation, reports, recommendations, and regulations of issues relating to the Act and proceedings of NAFO. In addition, NCC members may attend all public meetings of the NAFO Commission and any other meetings to which they are invited.

    Nominations

    Nominations to the NCC will be accepted at any time and should document an individual's qualifications based on those outlined in 16 U.S.C. 5607 (see above). Résumés and/or curriculum vitae will be requested from nominees. Self-nominations are acceptable, and current and former NCC members are eligible for reappointment. Nominations will be evaluated by officials in the Department of Commerce who are familiar with the duties and responsibilities of NCC membership. All nominees will be notified of their status and any need for further information once the nomination process is complete.

    Meeting

    A meeting of the NCC will be held 1:30-3 p.m. on August 30, 2017, at the NMFS Greater Atlantic Regional Fisheries Office at 55 Great Republic Drive, Gloucester, MA 01930. All members of the public with an interest in the fisheries of the Northwest Atlantic Ocean are welcome to attend.

    Dated: July 27, 2017. Steven Wilson, Acting Director, Office of International Affairs, National Marine Fisheries Service.
    [FR Doc. 2017-16245 Filed 8-1-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Northeast Region Dealer Purchase Reports AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before October 2, 2017.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to David Ulmer, (757) 723-0303 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for extension of a currently approved information collection.

    Federally permitted dealers, and any individual acting in the capacity of a dealer, must submit to the Regional Administrator or to the official designee a detailed report of all fish purchased or received for a commercial purpose, other than solely for transport on land, by one of the available electronic reporting mechanisms approved by National Marine Fisheries Service (NMFS). The information obtained is used by economists, biologists, and managers in the management of the fisheries. The data collection parameters are consistent with the current requirements for Federal dealers under the authority of the Magnuson-Stevens Fishery Conservation and Management Act. This is an extension request of the current approval.

    II. Method of Collection

    Dealers submit purchase information through an electronic process by one of the following: The web based system as administered by the Atlantic Coast Cooperative Statistics Program, the computer based trip ticket program issued by the NMFS or through a NMFS approved proprietary mechanism.

    III. Data

    OMB Control Number: 0648-0229.

    Form Number(s): None.

    Type of Review: Regular submission (request for extension of a currently approved information collection).

    Affected Public: Business or other for profit organizations, individuals or households.

    Estimated Number of Respondents: 715.

    Estimated Time per Response: 4 minutes per fishing trip.

    Estimated Total Annual Burden Hours: 30,980.

    Estimated Total Annual Cost to Public: $23,235 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: July 27, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-16194 Filed 8-1-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Day 8 to 10 Forecast Focus Groups, Interviews and Survey.

    OMB Control Number: 0648-xxxx.

    Form Number(s): None.

    Type of Request: Regular (request for a new information collection).

    Number of Respondents: 775.

    Average Hours per Response: Focus groups, 2 hours; interviews, 1 hour; survey, 30 minutes.

    Burden Hours: 485.

    Needs and Uses: The objective of the web-based focus groups, phone interviews, and online survey is to collect information on the current use of NOAA's National Weather Service (NWS) Weather Prediction Center (WPC) products, including probabilistic forecasts focusing on the 8 to 10 day timeframe, as well as forecast needs. The web-based focus groups and phone interviews will ask participants to explain their survey responses. This information will help create better 8 to 10 day weather forecast products used by the National Weather Service (NWS) to protect lives and property.

    Affected Public: Individuals or households; business or other for-profit organizations.

    Frequency: One time.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: July 27, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-16189 Filed 8-1-17; 8:45 am] BILLING CODE 3510-KE-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Telecommunications and Information Administration (NTIA).

    Title: Submission of proposed information collection; Computer and Internet Use Supplement to the Census Bureau's Current Population Survey (CPS).

    OMB Control Number: 0660-0021.

    Form Number(s): None.

    Type of Request: Regular submission (Revision of a currently approved collection).

    Estimated Number of Respondents: 54,000 households.

    Estimated Time per Response: 10 minutes.

    Estimated Total Annual Burden Hours: 9,000.

    Estimated Total Annual Cost to Public: $0.

    Needs and Uses: As the next installment of a decades-long series of data collections, NTIA proposes to add 66 questions to the U.S. Census Bureau's (“Bureau”) November 2017 CPS to gather reliable data on computer and broadband (also known as high-speed Internet) use by U.S. households. President Trump has expressed support for broadband expansion in the United States, particularly in rural communities, stating an intention to include broadband in the $1 trillion infrastructure plan the Administration is developing.1 In addition, Secretary of Commerce Wilbur Ross has noted broadband's importance to the nation's future and its economic policy, including at his confirmation hearing in January 2017.2

    1See Remarks by President Trump on Agricultural Innovation in Cedar Rapids, IA (June 21, 2017) at https://www.whitehouse.gov/the-press-office/2017/06/22/remarks-president-trump-agricultural-innovation-cedar-rapids-ia. See also Remarks by President Trump in Listening Session with Members of Congress (Feb. 16, 2017) at https://www.whitehouse.gov/the-press-office/2017/02/16/remarks-president-trump-listening-session-members-congress.

    2See Amir Nasr, Here's What Ross Said About Tech Policy During His Confirmation Hearing, Morning Consult (Jan. 18, 2017) at https://morningconsult.com/2017/01/18/heres-ross-said-tech-policy-confirmation-hearing/.

    To aid the Administration's plan to incorporate broadband in the upcoming infrastructure initiative and ensure the digital preparedness of the nation's current and future workforce, NTIA data will reveal consumers' changing demand for broadband, as well as their online activities. The information may inform decisions about the scope and scale of the needed infrastructure, particularly in remote and sparsely populated areas where broadband deployment may be difficult and costly. It may also shed light on opportunities to increase digital literacy and use among Americans who currently use the Internet sparingly, if at all. NTIA works with Congress, the Federal Communications Commission (FCC), and other stakeholders to develop and advance economic and regulatory policies that foster broadband deployment and adoption. Current, systematic, and comprehensive data on broadband use and non-use by U.S. households are critical to allow policymakers not only to gauge progress made to date, but also to identify problem areas with a specificity that permits carefully targeted and cost effective responses.

    The U.S. government's critical need for comprehensive broadband data continues to increase as high-speed Internet access and the skills to use the technology are becoming essential to Americans' daily lives and to the nation's economy. The U.S. Government Accountability Office, NTIA, and the FCC have all issued reports noting the importance of useful broadband adoption data for policymakers. Congress sought to address the paucity of such information in the Broadband Data Improvement Act in 2008 and the American Recovery and Reinvestment Act in 2009, and recent congressional action has highlighted the need for more accurate broadband data.3 Modifying the November 2017 CPS to include NTIA's requested information collection will enable the Commerce Department and NTIA to advance the Administration's infrastructure initiative, as well as to respond to congressional concerns and directives.

    3See e.g., Dean Heller, U.S. Senator for Nevada, Heller, Manchin Introduce Bill to Expand Access to Rural Broadband (June 15, 2017) at https://www.heller.senate.gov/public/index.cfm/pressreleases?ID=D1AC86C9-DAC4-43F1-B72D-E6CE577C3925; U.S. House Energy and Commerce Committee, #SubCommTech Examines Further Challenges and Opportunities to Achieve Nationwide Broadband Coverage (June 21, 2017) at https://energycommerce.house.gov/news-center/press-releases/subcommtech-examines-further-challenges-and-opportunities-achieve.

    Since 1994, NTIA has sponsored 13 supplements to the CPS on the Internet and the shifting technologies consumers use for online access. The Census Bureau enjoys an outstanding reputation for data gathering and analysis based on its centuries of experience and its scientific methods. Coordinating NTIA's requested information collection on broadband usage with the Bureau's scheduled November 2017 CPS will significantly reduce the potential burdens on that agency and on surveyed households. The 66 questions to be added to the November 2017 CPS are comparable to the 61 questions that NTIA added to the July 2015 CPS.

    Affected Public: Individuals and households.

    Frequency: Once.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or faxed to (202) 395-5806.

    Sheleen Dumas, Department al PRA Lead, Office of the Chief Information Officer.
    [FR Doc. 2017-16255 Filed 8-1-17; 8:45 am] BILLING CODE 3510-60-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION Compliance Bulletin 2017-01: Phone Pay Fees AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Compliance bulletin.

    SUMMARY:

    The Consumer Financial Protection Bureau (CFPB or Bureau) issues this Compliance Bulletin to provide guidance to covered persons and service providers regarding fee assessments for pay-by-phone services (phone pay fees) and the potential for violations of sections 1031 and 1036 of the Dodd-Frank Wall Street Reform and Consumer Protection Act's (Dodd-Frank Act) prohibition on engaging in unfair, deceptive, or abusive acts or practices (collectively, UDAAPs) when assessing phone pay fees. This Bulletin also provides guidance to debt collectors about compliance with the Fair Debt Collection Practices Act (FDCPA) when assessing phone pay fees.

    This Bulletin summarizes the current law, highlighting relevant examples of conduct observed during supervisory examinations and enforcement investigations that may violate Federal consumer financial law. Whether conduct similar to the conduct described in this Bulletin violates these laws may depend on additional facts and analysis. The Bureau will closely review conduct related to phone pay fees for potential violations of Federal consumer financial laws.

    DATES:

    The Bureau released this Compliance Bulletin on its Web site on July 27, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Chantal Hernandez, Attorney-Advisor, Office of Supervision Policy, 1700 G Street NW., 20552, (202) 435-7084.

    SUPPLEMENTARY INFORMATION: [1]. Compliance Bulletin

    Across various consumer financial products and services, many entities provide consumers multiple payment options. For instance, many provide consumers the option of making payments over the phone by using an automated system or speaking with a live representative. Many entities also provide consumers the option to make phone payments by using a credit card, debit card, or electronic check, or to have their payment expedited. A number of entities also use third-party service providers to handle and process the payments. State and Federal laws may restrict fees related to phone payments.1 Entities are advised to review applicable laws to determine whether they may charge phone pay fees. In the course of its Supervision and Enforcement activities, the Bureau has identified conduct that may violate or risks violating Federal consumer financial laws relating to phone pay fee practices.

    1 For example, as implemented by Regulation Z, a Credit CARD Act amendment to the Truth In Lending Act provides that for credit card accounts under an open-end consumer credit plan, a creditor (including a third party that collects, receives, or processes payments on behalf of a creditor) may not impose a separate fee to allow consumers to make a payment by any method (including telephone payments) unless the payment method involves an expedited service by a service representative of the creditor. See 15 U.S.C. 1637(l); 12 CFR 1026.10(e).

    Report of Supervisory or Enforcement Findings Examples of Conduct That May Violate or Risk Violating the Prohibition on UDAAPs

    Under the Dodd-Frank Act, all covered persons or service providers are legally required to refrain from committing unfair, deceptive, or abusive acts or practices in violation of the Act. An act or practice is unfair when (i) it causes or is likely to cause substantial injury to consumers; (ii) the injury is not reasonably avoidable by consumers; and (iii) the injury is not outweighed by countervailing benefits to consumers or to competition.2 An act or practice is deceptive when (i) the act or practice misleads or is likely to mislead the consumer; (ii) the consumer's interpretation is reasonable under the circumstances; and (iii) the misleading act or practice is material.3

    2 Dodd-Frank Act §§ 1031, 1036, 12 U.S.C. 5531, 5536.

    3See CFPB Exam Manual at UDAAP 5 (noting that the standard for “deceptive” practices in the Dodd-Frank Act is informed by the standards for the same terms under Section 5 of the FTC Act).

    Depending on the facts and circumstances, the following non-exhaustive list of examples of conduct related to phone pay fees may constitute UDAAPs or contribute to the risk of committing UDAAPs.4 Accordingly, the Bureau will be watching these practices closely.

    4 The Bureau will also review whether phone pay fee conduct may violate the Dodd-Frank Act's prohibition on abusive acts or practices. An act or practice is abusive when it materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service; or takes unreasonable advantage of (i) a consumer's lack of understanding of the material risks, costs, or conditions of the product or service; (ii) a consumer's inability to protect his or her interest in selecting or using a consumer financial product or service; or (iii) a consumer's reasonable reliance on a covered person to act in his or her interests. Dodd-Frank Act § 1031(d), 12 U.S.C. 5531(d). See CFPB Bulletin 2013-07: Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the collection of Consumer Debts, available at http://files.consumerfinance.gov/f/201307_cfpb_bulletin_unfair-deceptive-abusive-practices.pdf for additional guidance on UDAAPs.

    Failing To Disclose the Prices of All Available Phone Pay Fees When Different Phone Pay Options Carry Materially Different Fees

    Many entities charge different phone pay fees depending on the payment method used by the consumer. Prior to charging such fees, entities sometimes send periodic billing statements or other documentation that discloses that “transaction fees may apply” to various payment methods, but that do not disclose the relevant fees to be charged for those methods.5 In some of these instances, entities may depend solely on phone representatives to disclose the relevant fees to consumers before the charge is imposed. Yet, the phone representatives may potentially only reveal the higher-cost options or fail to inform consumers of the material price difference between available options. This conduct poses a risk of an unfair practice: It may cause substantial harm to consumers, who are pushed into materially higher-cost options; this harm may not be reasonably avoidable if consumers are unable to select lower-cost alternatives because they do not have the necessary information to know that such options are available; and countervailing benefits to consumers or competition may not warrant the entity's failure to disclose the materially different prices of the available phone pay options to its consumers.

    5 Where applicable, 12 CFR 1026.7(a)(6)(ii) and 1026.7(b)(6)(iii) of Regulation Z will require disclosure in subsequent periodic billing statements of the amount of such fees paid in connection with prior billing periods.

    Misrepresenting the Available Payments Options or That a Fee Is Required To Pay by Phone

    Entities sometimes charge a fee for expedited phone payments, but also offer consumers no-fee phone pay options that post after a processing delay. Some entities in turn offer their fee-based expedited payment option as their default pay-by-phone option. In such cases, disclosures in connection with the default option may risk misleading consumers into believing that a fee is required under all circumstances to make any payment by phone.

    For example, in a public enforcement action, the Bureau alleged that an entity and its service provider engaged in deceptive acts or practices when it gave delinquent credit card holders the false impression that they had to pay $14.95 to make payment by phone when, in fact, the sole purpose of that fee was to expedite phone payments. Specifically, the Bureau alleged that the entity or its service provider: (i) Misrepresented in credit card agreements that the fee's purpose was to allow payment by phone, when its purpose was solely to ensure payment posted the same day it was made; (ii) failed to disclose during collection calls that the fee's purpose was solely to expedite payment, and in certain circumstances misrepresented that the fee was a “processing fee”; (iii) volunteered that consumers could make payment using a checking account and triggered the fee by setting such payments to post immediately by default; and (iv) failed to disclose the existence of no-cost payment alternatives, including free next-day payment.6

    6See In re Citibank, N.A. et al., No. 2015-CFPB-0015 (July 21, 2015).

    In another public enforcement action, the Bureau alleged that a mortgage servicer engaged in a deceptive practice by misrepresenting to consumers, both expressly and by implication, that a particular pay-by-phone option was the only available payment method, or that consumers must use the particular pay-by-phone option in order to avoid negative consequences, including incurring a late fee or even facing foreclosure. In fact, the servicer accepted several payment options free of charge. In many instances, consumers could have used these other payment methods to make timely payments and avoid late fees.7

    7See FTC and CFPB v Green Tree Servicing, LLC., No. 15-cv-02064 (April 23, 2015).

    Failing To Disclose That a Phone Pay Fee Would Be Added to a Consumer's Payment Could Create the Misimpression That There Was No Service Fee

    An entity may risk engaging in a deceptive act or practice when it fails to disclose that a phone pay fee will be charged in addition to a consumer's otherwise applicable payment amount and indicates to that consumer that only the otherwise applicable payment amount will be charged.8 This conduct may leave the misimpression that there is no service fee, when in fact the entity does charge the consumer a fee. This potential misrepresentation may be material to consumers because a consumer who knows about the fee may inquire whether there is an alternative payment option with a lower fee or may choose a payment method that requires no fee.

    8 An example would be as follows: A consumer owes a payment of $250. The consumer calls and tells the customer service representative that she will pay by phone. The customer service representative confirms that the borrower authorizes a payment of $250. In fact, the consumer's bank account is debited $265 . . . $250 for the otherwise applicable payment amount and $15 for a pay-by-phone fee.

    Lack of Employee Monitoring or Service Provider Oversight May Lead to Misrepresentations or Failure To Disclose Available Options and Fees

    A number of entities have policies and procedures in place requiring phone representatives to disclose all available phone pay options and fees to consumers, including requiring the use of detailed phone scripts. But deviations from call scripts may potentially cause phone representatives to misrepresent the available phone payment options and fees resulting in a consumer being charged a higher fee than otherwise would have been applicable. Entities can reduce the risk of misrepresentations through adequate monitoring.

    In November 2016 the Bureau issued a separate bulletin on detecting and preventing consumer harm from production incentives.9 Companies may wish to consult that bulletin when considering incentive programs for employees that process phone pay fees. Companies should also consider the impact that incentives created by contracts and agreements with service providers might have on compliance risk relating to potential UDAAPs associated with phone pay fees.

    9 CFPB Compliance Bulletin 2016-03 (Nov. 28, 2016), available at https://www.consumerfinance.gov/policy-compliance/guidance/implementation-guidance/cfpb-compliance-bulletin-2016-03-detecting-and-preventing-consumer-harm-from-production-incentives/.

    Examples of Conduct That May Violate or Risk Violating the FDCPA

    Under the FDCPA, a person defined as a “debt collector” is prohibited from charging fees, including phone pay fees, in certain instances.10 Under Section 808(1) of the FDCPA, a debt collector may not collect any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.11

    10 Debt collectors sometimes charge “convenience fees” or fees for processing consumer payments through a particular channel.

    11 15 U.S.C. 1692f(1).

    Supervision has found that one or more mortgage servicers that met the definition of “debt collector” under the FDCPA violated the Act when they charged fees for taking mortgage payments over the phone to borrowers whose mortgage instruments did not expressly authorize collecting such fees and who reside in states where applicable law does not expressly permit collecting such fees. Supervision directed one or more servicers to review mortgage notes and applicable state law, and to only collect pay-by-phone fees where expressly authorized by contract or state law.12

    12See Supervisory Highlights, Fall 2015 edition at pp. 20-21.

    The Bureau's Expectations

    The Bureau expects entities to review their practices on charging phone pay fees for potential risks of committing UDAAPs or violating the FDCPA. While the Bureau does not mandate any particular method for informing consumers about the available phone pay options and fees, entities should consider the following suggestions in assessing whether their practices may present a risk of constituting a UDAAP or FDCPA violation:

    • Review applicable State and Federal laws, including the FDCPA, to confirm whether entities are permitted to charge phone pay fees.

    • Review underlying debt agreements to determine whether such fees are authorized by the contract.

    • Review internal and service providers' policies and procedures on phone pay fees, including call scripts and employee training materials, and revise policies and procedures to address any concerns identified during the review, as appropriate.13

    13 Entities should refer to CFPB Compliance Bulletin and Policy Guidance; 2016-02, Service Providers (Oct. 31, 2016), available at https://www.consumerfinance.gov/documents/1385/102016_cfpb_OfficialGuidanceServiceProviderBulletin.pdf.

    • Review whether information on phone pay fees is shared in account disclosures, loan agreements, periodic statements, payment coupon books, on the company's Web site, over the phone, or through other mechanisms.

    • Incorporate pay-by-phone issues in regular monitoring or audits of calls with consumers.

    • Review consumer complaints regarding phone pay fees.

    • Perform regular reviews of service providers as to their pertinent practices.14

    14Id.

    • Review that the entity has a corrective action program to address any violations identified and to reimburse consumers when appropriate.

    Entities should also consider reviewing employee and service provider production incentive programs to see if there are incentives to steer borrowers to certain payment types or to avoid disclosures. As discussed in more detail in CFPB Compliance Bulletin 2016-03,15 the Bureau acknowledges that production incentives have been common across many economic sectors and can affect a wide range of outcomes for employees or service providers, from their compensation levels to whether they will continue to be employed or retained at all. The Bureau has also highlighted the risks posed to consumers by production incentive programs, especially when they create an unrealistic culture of high-pressure targets or when the activities of employees or service providers are not adequately monitored for compliance with the law.

    15See CFPB Bulletin 2016-03, Detecting and Preventing Consumer Harm from Production Incentives (Nov. 28, 2016), available at https://www.consumerfinance.gov/documents/1537/201611_cfpb_Production_Incentives_Bulletin.pdf.

    In the context of phone pay fees, production incentives may enhance the potential risk of entities engaging in UDAAPs. Production incentives that reward employees or service providers based on consumers using a higher-cost phone pay option may potentially lead entities to steer consumers to a higher-cost option despite the availability of lower-cost alternatives. Similarly, incentive programs that reward representatives who complete a large number of daily calls may potentially cause these representatives to spend less time discussing the available phone pay options and fees resulting in the consumer paying a higher fee because the consumer is not informed of the lower-cost alternatives. Entities should review these programs accordingly.

    The Bureau will continue to review closely the practices of entities assessing phone pay fees for potential UDAAPs and FDCPA violations, including the practices described above. The Bureau will use all appropriate tools to assess whether supervisory, enforcement, or other actions may be necessary.

    [2]. Regulatory Requirements

    This Compliance Bulletin is a non-binding general statement of policy articulating considerations relevant to the Bureau's exercise of its supervisory and enforcement authority. It is therefore exempt from notice and comment rulemaking requirements under the Administrative Procedure Act pursuant to 5 U.S.C. 553(b). Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The Bureau has determined that this Compliance Bulletin does not impose any new or revise any existing recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: July 25, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2017-16188 Filed 8-1-17; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Saturday, August 19, 2017, 9:00 a.m. to 2:30 p.m.

    ADDRESSES:

    Tremont Lodge, 7726 East Lamar Alexander Parkway, Townsend, Tennessee 37882.

    FOR FURTHER INFORMATION CONTACT:

    Melyssa P. Noe, Alternate Deputy Designated Federal Officer, U.S. Department of Energy, Oak Ridge Office of Environmental Management, P.O. Box 2001, EM-942, Oak Ridge, TN 37831. Phone (865) 241-3315; Fax (865) 241-6932; Email: [email protected] Or visit the Web site at https://energy.gov/orem/services/community-engagement/oak-ridge-site-specific-advisory-board.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda:

    • Welcome, Opening Remarks and Introductions • Comments from the Deputy Designated Federal Officer (DDFO) • Board Mission and Accomplishments • Board Operations • Results of Member Survey • Break • Work Plan Topics • Process • Presentations by DOE, Environmental Protection Agency and Tennessee Department of Environment and Conservation Liaisons • Suggestions from Board Members • Plan for Issue Group Sign-up • Summary of Morning Discussions • Board Business • Presentation of Candidates for Fiscal Year 2018 Officers • Recommendations on the Fiscal Year 2019 Oak Ridge EM Budget Priorities • Public Comment Period • Remarks by Board Chair and Alternate DDFO • Lunch Break • Follow-on Discussion • Adjourn

    Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Melyssa P. Noe at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Melyssa P. Noe at the address and phone number listed above. Minutes will also be available at the following Web site: https://energy.gov/orem/listings/oak-ridge-site-specific-advisory-board-meetings.

    Issued at Washington, DC, on July 27, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-16236 Filed 8-1-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY:

    Department of Energy (DOE).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Thursday, August 17, 2017, 6:00 p.m.

    ADDRESSES:

    Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Woodard, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001, (270) 441-6825.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management and related activities.

    Tentative Agenda:

    • Call to Order, Introductions, Review of Agenda • Administrative Issues • Public Comments (15 minutes) • Adjourn

    Breaks Taken As Appropriate

    Public Participation: The EM SSAB, Paducah, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Jennifer Woodard as soon as possible in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Jennifer Woodard at the telephone number listed above. Requests must be received as soon as possible prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. The EM SSAB, Paducah, will hear public comments pertaining to its scope (clean-up standards and environmental restoration; waste management and disposition; stabilization and disposition of non-stockpile nuclear materials; excess facilities; future land use and long-term stewardship; risk assessment and management; and clean-up science and technology activities). Comments outside of the scope may be submitted via written statement as directed above.

    Minutes: Minutes will be available by writing or calling Jennifer Woodard at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.pgdpcab.energy.gov/2017_meetings.htm.

    Issued at Washington, DC on July 27, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-16235 Filed 8-1-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Biomass Research and Development Technical Advisory Committee AGENCY:

    Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee. The Federal Advisory Committee requires that agencies publish these notices in the Federal Register to allow for public participation.

    DATES:

    August 15, 2017, 1:00 p.m.-5:30 p.m., August 16, 2017, 8:30 a.m.-5:30 p.m.

    ADDRESSES:

    Los Angeles Airport Marriott, 5855 West Century Blvd., Los Angeles, CA 90045.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Mark Elless, Designated Federal Officer for the Committee, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585; Email: [email protected] and Roy Tiley at (410) 997-7778 ext. 220; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of Meeting: To develop advice and guidance that promotes research and development leading to the production of biobased fuels and biobased products.

    Tentative Agenda: Agenda will include the following:

    • Update on USDA Biomass R&D Activities • Update on DOE Biomass R&D Activities • Presentations on biomass interface with fossil fuels. Topics include gasification, refineries, CO2 utilization, and current activities by the State of California.

    Public Participation: In keeping with procedures, members of the public are welcome to observe the business of the Biomass Research and Development Technical Advisory Committee. To attend the meeting and/or to make oral statements regarding any of the items on the agenda, you must contact Dr. Mark Elless at; Email: [email protected] and Roy Tiley at (410) 997-7778 ext. 220; Email: [email protected] at least 5 business days prior to the meeting. Members of the public will be heard in the order in which they sign up at the beginning of the meeting. Reasonable provision will be made to include the scheduled oral statements on the agenda. The Co-chairs of the Committee will make every effort to hear the views of all interested parties. If you would like to file a written statement with the Committee, you may do so either before or after the meeting. The Co-chairs will conduct the meeting to facilitate the orderly conduct of business.

    Minutes: The summary of the meeting will be available for public review and copying at http://biomassboard.gov/committee/meetings.html.

    Issued at Washington, DC, on July 27, 2017. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2017-16234 Filed 8-1-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-904-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Iroquois Gas Transmission System, L.P. submits tariff filing per 154.204: 07/19/17 Negotiated Rates—Consolidated Edison Energy Inc. H-2275-89 to be effective 7/19/2017.

    Filed Date: 07/19/2017.

    Accession Number: 20170719-5076.

    Comment Date: 5:00 p.m. Eastern Time on Monday, July 31, 2017.

    Docket Numbers: RP17-905-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Rockies Express Pipeline LLC submits tariff filing per 154.204: Neg Rate 2017-07-20 Encana, Ascent to be effective 7/22/2017.

    Filed Date: 07/20/2017.

    Accession Number: 20170720-5046.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, August 01, 2017.

    Docket Numbers: RP17-906-000.

    Applicants: Northern Natural Gas Company.

    Description: Northern Natural Gas Company submits tariff filing per 154.204: 20170720 FDD EG Filing to be effective 9/1/2017.

    Filed Date: 07/20/2017.

    Accession Number: 20170720-5098.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, August 01, 2017.

    Docket Numbers: RP17-907-000.

    Applicants: Venice Gathering System, L.L.C.

    Description: Venice Gathering System, L.L.C. submits tariff filing per 154.204: Filing to Update Contact Information to be effective 8/21/2017.

    Filed Date: 07/20/2017.

    Accession Number: 20170720-5118.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, August 01, 2017.

    Docket Numbers: RP17-908-000.

    Applicants: East Tennessee Natural Gas, LLC.

    Description: East Tennessee Natural Gas, LLC submits tariff filing per 154.204: July 2017 Negotiated Rate Cleanup Filing to be effective 8/21/2017.

    Filed Date: 07/21/2017.

    Accession Number: 20170721-5006.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 02, 2017.

    Docket Numbers: RP17-909-000.

    Applicants: Saltville Gas Storage Company L.L.C.

    Description: Saltville Gas Storage Company L.L.C. submits tariff filing per 154.204: SGSC July 2017 Cleanup Filing to be effective 8/21/2017.

    Filed Date: 07/21/2017.

    Accession Number: 20170721-5007.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 02, 2017.

    Docket Numbers: RP17-910-000.

    Applicants: Cabot Oil & Gas Corporation,Carbon West Virginia Company, LLC.

    Description: Joint Petition of Cabot Oil & Gas Corporation and Carbon West Virginia Company, LLC For Limited Waiver and Request for Expedited Action and Shortened Comment Period.

    Filed Date: 07/20/2017.

    Accession Number: 20170720-5179.

    Comment Date: 5:00 p.m. Eastern Time on Thursday, July 27, 2017.

    Docket Numbers: RP17-911-000.

    Applicants: Egan Hub Storage, LLC.

    Description: Egan Hub Storage, LLC submits tariff filing per 154.204: Egan July 2017 Cleanup Filing to be effective 8/21/2017.

    Filed Date: 07/21/2017.

    Accession Number: 20170721-5008.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, August 02, 2017.

    Docket Numbers: RP17-797-001.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: Colorado Interstate Gas Company, L.L.C. submits tariff filing per 154.203: Errata to Quarterly LUF True-up Filing.

    Filed Date: 07/21/2017.

    Accession Number: 20170721-5091.

    Comment Date: 5:00 p.m. Eastern Time on Friday, July 28, 2017.

    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 24, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-16240 Filed 8-1-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-1775-001.

    Applicants: Arizona Public Service Company.

    Description: Tariff Amendment: Revision—Rate Schedule No. 265, Amendment No. 1 to be effective 8/8/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5153.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2151-000.

    Applicants: New York Independent System Operator, Inc., Long Island Lighting Company.

    Description: § 205(d) Rate Filing: Section 205 SA No. 2344, among NYISO, LIPA and Shoreham to be effective 7/11/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5104.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2152-000.

    Applicants: Cottonwood Wind Project, LLC.

    Description: Baseline eTariff Filing: Cottonwood Wind Project, LLC Application for Market-Based Rates to be effective 10/1/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5154.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2154-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: Transmission Owner Rate Case 2018 (TO19) to be effective 10/1/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5008.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2155-000.

    Applicants: Otter Tail Power Company.

    Description: Notice of Termination of the Baker Electric Cooperative Agreement (Rate Schedule No. 149) of Otter Tail Power Company.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5177.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2156-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 822—Utilities Agreement with Montana DOT re Milk River-North to be effective 9/26/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5033.

    Comments Due: 5 p.m. ET 8/17/17.

    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 27, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16224 Filed 8-1-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-2142-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Great Valley Solar 2, LLC

    This is a supplemental notice in the above-referenced proceeding of Great Valley Solar 2, 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 August 15, 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 26, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16223 Filed 8-1-17; 8:45 am] BILLING CODE 6717-01-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: EC17-141-000.

    Applicants: Tucson Electric Power Company.

    Description: Application under FPA Section 203 of Tucson Electric Power Company.

    Filed Date: 7/25/17.

    Accession Number: 20170725-5107.

    Comments Due: 5 p.m. ET 8/15/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2759-006; ER10-2631-006; ER10-2732-012; ER10-2733-012; ER10-2734-012; ER10-2736-012; ER10-2737-012; ER10-2741-012; ER10-2749-012; ER10-2752-012; ER12-2492-008; ER12-2493-008; ER12-2494-008; ER12-2495-008; ER12-2496-008; ER13-815-004; ER14-264-003; ER16-2455-002; ER16-2456-002; ER16-2457-002; ER16-2458-002; ER16-2459-002.

    Applicants: Bridgeport Energy LLC, Emera Energy Services, Inc., Emera Energy U.S. Subsidiary No. 1, Inc., Emera Energy U.S. Subsidiary No. 2, Inc., Emera Energy Services Subsidiary No. 1 LLC, Emera Energy Services Subsidiary No. 2 LLC, Emera Energy Services Subsidiary No. 3 LLC, Emera Energy Services Subsidiary No. 4 LLC, Emera Energy Services Subsidiary No. 5 LLC, Emera Energy Services Subsidiary No. 6 LLC, Emera Energy Services Subsidiary No. 7 LLC, Emera Energy Services Subsidiary No. 8 LLC, Emera Energy Services Subsidiary No. 9 LLC, Emera Energy Services Subsidiary No. 10 LLC, Emera Energy Services Subsidiary No. 11 LLC, Emera Energy Services Subsidiary No. 12 LLC, Emera Energy Services Subsidiary No. 13 LLC, Emera Energy Services Subsidiary No. 14 LLC, Emera Energy Services Subsidiary No. 15 LLC, Emera Maine, Rumford Power Inc., Tiverton Power LLC.

    Description: Supplement to December 21, 2016 Triennial Update for the Northeast Region of Bridgeport Energy LLC, et al.

    Filed Date: 7/25/17.

    Accession Number: 20170725-5114.

    Comments Due: 5 p.m. ET 8/15/17.

    Docket Numbers: ER17-1504-001.

    Applicants: Midcontinent Independent System Operator, Inc., WPPI Energy.

    Description: Compliance filing: 2017-07-26_Compliance filing to include depreciation rates for WPPI Attachment O to be effective 7/1/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5040.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2145-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Interconnection Service Agreement No. 2150; Queue No. AA2-076 to be effective 6/29/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5015.

    Comments Due: 5 p.m. ET 8/16/17.

    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 26, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16220 Filed 8-1-17; 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: ER17-1794-002.

    Applicants: Innovative Solar 42, LLC.

    Description: Tariff Amendment: Revision to Market Base Rate Tariff to be effective 6/10/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5049.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2146-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 780 4th Rev—NITSA with Project Spokane, LLC to be effective 7/27/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5054.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2147-000.

    Applicants: San Diego Gas & Electric Company.

    Description: Initial rate filing: Palo Verde North Gila Line ANPP High Voltage Switchyard Interconnection Agreemen to be effective 7/26/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5076.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2148-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-07-26_Prairie Power Attachment O Clean-Up Filing to be effective 9/25/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5077.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2149-000.

    Applicants: Northern States Power Company, a Minnesota corporation.

    Description: Notice of Cancellation of the Alternative Transmission Service Agreement (Rate Schedule No. 521) of Northern States Power Company, a Minnesota corporation.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5078.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ER17-2150-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Cost Responsibility Agreement SA No. 4733, Queue Position #NQ147 to be effective 7/19/2017.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5080.

    Comments Due: 5 p.m. ET 8/16/17.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES17-42-000.

    Applicants: AEP Generating Company, Appalachian Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, Wheeling Power Company.

    Description: Application Under Section 204 of the Federal Power Act for Authorization to Issue Securities of AEP Generating Company et al.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5081.

    Comments Due: 5 p.m. ET 8/16/17.

    Docket Numbers: ES17-43-000.

    Applicants: Southwestern Electric Power Company.

    Description: Application Under Section 204 of the Federal Power Act for Authorization to Issue Securities of Southwestern Electric Power Company.

    Filed Date: 7/26/17.

    Accession Number: 20170726-5082.

    Comments Due: 5 p.m. ET 8/16/17.

    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 26, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16221 Filed 8-1-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-2141-000] Great Valley Solar 1, 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 Great Valley Solar 1, 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 August 15, 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 26, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16222 Filed 8-1-17; 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: ER17-1594-002.

    Applicants: Archer Energy, LLC.

    Description: Tariff Amendment: Second Amendment to Application for Market Based Rate Authority to be effective 8/15/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5084.

    Comments Due: 5 p.m. ET 8/10/17.

    Docket Numbers: ER17-1731-001.

    Applicants: Entergy Texas, Inc., Entergy Louisiana, LLC.

    Description: Tariff Amendment: ELL-ETI Big Cajun II Supplemental Reactive to be effective 8/1/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5093.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2032-002.

    Applicants: Southwest Power Pool, Inc.

    Description: Tariff Amendment: 2198R22 Kansas Power Pool NITSA NOA to be effective 6/1/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5119.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2093-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Errata to Resubmit Original SA No. 4753—NITSA among PJM and Buckeye to be effective 6/1/2014.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5113.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2157-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Serv. Agmt. Nos. 4746, 4747, 4748; Queue Nos. AC1-060, AC1-061, AC1-062 to be effective 6/27/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5060.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2158-000.

    Applicants: Alcoa Power Generating Inc.

    Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be effective 9/26/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5077.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2159-000.

    Applicants: Alcoa Power Marketing LLC.

    Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be effective 9/26/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5078.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2160-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Notice of Cancellation: SA 798, Agreement with Upper Missouri G&T Electric Co-op to be effective 7/28/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5082.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2161-000.

    Applicants: Michigan Electric Transmission Company, LLC.

    Description: § 205(d) Rate Filing: Filing of a De-Energization Agreement to be effective 9/25/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5096.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2162-000.

    Applicants: SunE Beacon Site 2 LLC.

    Description: Baseline eTariff Filing: Application for Market Based Rate to be effective 8/31/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5109.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2163-000.

    Applicants: SunE Beacon Site 5 LLC.

    Description: Baseline eTariff Filing: Application for Market Based Rate to be effective 8/31/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5112.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2164-000.

    Applicants: ISO New England Inc., New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: Revisions to Implement Full Integration of Demand Response to be effective 6/1/2018.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5116.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2165-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Service Agreement No. 2848, Queue No. AC1-063 to be effective 6/27/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5118.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2166-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Interconnection Service Agreement No. 2005, Queue No. AA2-140 to be effective 6/29/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5122.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2167-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amended LA Stanton Energy Reliability Center BESS Project SA No. 968 to be effective 7/11/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5134.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2168-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Wholesale Market Participation Agreement No. 4760; Queue AC1-147 to be effective 7/24/2017.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5136.

    Comments Due: 5 p.m. ET 8/17/17.

    Docket Numbers: ER17-2169-000.

    Applicants: PacifiCorp.

    Description: Notice of Termination of the Long-Term Power Sale Agreement (Rate Schedule No. 433) of PacifiCorp.

    Filed Date: 7/27/17.

    Accession Number: 20170727-5137.

    Comments Due: 5 p.m. ET 8/17/17.

    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 27, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-16225 Filed 8-1-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0141; FRL-9963-30] Certain New Chemicals or Significant New Uses; Statements of Findings for April 2017 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    Section 5(g) of the Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of TSCA section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA section 5. This document presents statements of findings made by EPA on TSCA section 5(a) notices during the period from April 1, 2017 to April 30, 2017.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Greg Schweer, Chemical Control Divison (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8469; 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. General Information A. Does this action apply to me?

    This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitters of the PMNs addressed in this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2017-0141, 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.

    II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after review of notices submitted under TSCA section 5(a) that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment. This document presents statements of findings made by EPA during the period from April 1, 2017 to April 30, 2017.

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

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a) notice and make one of the following specific findings:

    • The chemical substance or significant new use presents an unreasonable risk of injury to health or the environment;

    • The information available to EPA is insufficient to permit a reasoned evaluation of the health and environmental effects of the chemical substance or significant new use;

    • The information available to EPA is insufficient to permit a reasoned evaluation of the health and environmental effects and the chemical substance or significant new use may present an unreasonable risk of injury to health or the environment;

    • The chemical substance is or will be produced in substantial quantities, and such substance either enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to the substance; or

    • The chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment.

    Unreasonable risk findings must be made without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant under the conditions of use. The term “conditions of use” is defined in TSCA section 3 to mean “the circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of.”

    EPA is required under TSCA section 5(g) to publish in the Federal Register a statement of its findings after its review of a TSCA section 5(a) notice when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to PMNs, MCANs, and SNUNs submitted to EPA under TSCA section 5.

    Anyone who plans to manufacture (which includes import) a new chemical substance for a non-exempt commercial purpose and any manufacturer or processor wishing to engage in a use of a chemical substance designated by EPA as a significant new use must submit a notice to EPA at least 90 days before commencing manufacture of the new chemical substance or before engaging in the significant new use.

    The submitter of a notice to EPA for which EPA has made a finding of “not likely to present an unreasonable risk of injury to health or the environment” may commence manufacture of the chemical substance or manufacture or processing for the significant new use notwithstanding any remaining portion of the applicable review period.

    IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent that such information is not claimed as Confidential Business Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this period, EPA has made findings under TSCA section 5(a)(3)(C) that the new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment:

    • EPA case number assigned to the TSCA section 5(a) notice.

    • Chemical identity (generic name, if the specific name is claimed as CBI).

    • Web site link to EPA's decision document describing the basis of the “not likely to present an unreasonable risk” finding made by EPA under TSCA section 5(a)(3)(C).

    EPA Case Number: J-17-0007; Chemical identity: Biofuel producing Saccharomyces cerevisiae modified, genetically stable (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-54.

    EPA Case Number: P-17-0227; Chemical identity: 2-Alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2-alkyl 2-propenoate and -(2-alkyl-1-oxo-2-alken-1-yl—alkoxypoly(oxy-1,2-alkanediyl), ester with -2-alken-1-yl—hydroxypoly(oxy-1,2-alkanediyl); polymer exemption flag (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-53.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: June 8, 2017. Greg Schweer, Chief, New Chemicals Management Branch, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2017-16275 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [Petitions IV-2016-06 and -07; FRL-9965-57-Region 4] Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for Duke Energy, LLC—Asheville Steam Electric Plant (Buncombe County, North Carolina) and Roxboro Steam Electric Plant (Person County, North Carolina) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of final orders on petitions to object to state operating permits.

    SUMMARY:

    The EPA Administrator signed two Orders, dated June 30, 2017, granting the petitions submitted by Sierra Club (Petitioner) objecting to proposed Clean Air Act (CAA) title V operating permits issued to Duke Energy, LLC. One Order responds to a June 17, 2016, petition objecting to a proposed title V permit issued by the Western North Carolina Regional Air Quality Agency to the Asheville Steam Electric Plant located in Arden, Buncombe County, North Carolina. The other Order responds to a June 23, 2016, petition objecting to a proposed title V permit issued by the North Carolina Department of Environmental Quality to the Roxboro Steam Electric Plant located near Semora, in Person County, North Carolina. Each Order constitutes a final action on the petition addressed therein.

    ADDRESSES:

    Copies of the Orders, the petitions, and all pertinent information relating thereto are on file at the following location: EPA Region 4; Air, Pesticides and Toxics Management Division; 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The Orders are also available electronically at the following addresses: https://www.epa.gov/sites/production/files/2017-7/documents/duke_asheville_response2016.pdf, https://www.epa.gov/sites/production/files/2017-07/documents/duke_roxboro_response2016_0.pdf.

    FOR FURTHER INFORMATION CONTACT:

    Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 562-9115 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The CAA affords the EPA a 45-day period to review and, as appropriate, the authority to object to operating permits proposed by state permitting authorities under title V of the CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of the EPA's 45-day review period if EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of those parts of the Order that deny issues in the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice is published in the Federal Register.

    Petitioner submitted a petition requesting that EPA object to the proposed CAA title V operating permit #11-628-15 issued to the Asheville Steam Electric Plant and a separate petition requesting that EPA object to the proposed title V operating permit #01001T49 issued to the Roxboro Steam Electric Plant. Petitioner claims generally that each permit must contain stricter, modeling-based numerical emission limits for sulfur dioxide (SO2) to prevent exceedances of the 2010 1-hour SO2 National Ambient Air Quality Standard (NAAQS) and must contain a compliance schedule because, according to Petitioner, each facility has violated its current permit by causing violations of the 2010 1-hour SO2 NAAQS. On June 30, 2017, the Administrator issued Orders granting the petitions. The Orders explain EPA's basis for granting the petitions.

    Dated: July 19, 2017. V. Anne Heard, Acting Regional Administrator, Region 4.
    [FR Doc. 2017-16277 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202)-523-5793 or [email protected]

    Agreement No.: 012067-019.

    Title: U.S. Supplemental Agreement to the HLC Agreement.

    Parties: BBC Chartering Carriers GmbH & Co. KG and BBC Chartering & Logistic GmbH & Co. KG (acting as a single party); Chipolbrok (Chinese-Polish Joint Stock Shipping Company); Hanssy Shipping Pte. Ltd.; Industrial Maritime Carriers, L.L.C; and Rickmers-Linie GmbH & Cie. KG.

    Filing Party: Wade S. Hooker, Esq.; 211 Central Park W.; New York, NY 10024.

    Synopsis: The amendment deletes Peter Dohle Schiffahrts KG as a party to the HLC Agreement attached to the U.S. Supplemental Agreement.\

    Agreement No.: 012301-003.

    Title: Siem Car Carrier AS/Volkswagen Logistics Konzernlogistik GMBH & Co. OHG Space Charter Agreement.

    Parties: Siem Car Carrier Pacific AS and Volkswagen Konzernlogistik GmBH & Co. OHG.

    Filing Party: Ashley W. Craig, Esq. and Elizabeth K. Lowe, Esq.; Venable LLP; 575 Seventh Street NW., Washington, DC 20004.

    Synopsis: The amendment expands the geographic scope of the Agreement to include all ports and points in the U.S. and all ports and points worldwide.

    Agreement No.: 012488.

    Title: THE Alliance/OOCL Vessel Sharing Agreement.

    Parties: Hapag Lloyd AG, Kawasaki Kisen Kaisha, Ltd., Mitsui O.S.K. Lines, Ltd., Nippon Yusen Kaisha, and Yang Ming Marine Transport Corp (acting as a single party); and Orient Overseas Container Line Limited.

    Filing Party: David Smith and Joshua Stein; Cozen O'Connor; 1200 19th Street NW.; Washington, DC 20036.

    Synopsis: The Agreement authorizes the Parties to charter and exchange space on their respective vessels in the trade between the U.S. Pacific Coast and Japan, and to enter into cooperative working arrangements in connection therewith.

    By Order of the Federal Maritime Commission.

    Dated: July 28, 2017. JoAnne D. O'Bryant, Program Analyst.
    [FR Doc. 2017-16264 Filed 8-1-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL MARITIME COMMISSION Controlled Carriers Under the Shipping Act of 1984 AGENCY:

    Federal Maritime Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Maritime Commission is publishing an updated list of controlled carriers, i.e., ocean common carriers operating in U.S.-foreign trades that are owned or controlled by foreign governments. Such carriers are subject to special regulatory oversight by the Commission under the Shipping Act of 1984.

    FOR FURTHER INFORMATION CONTACT:

    Tyler J. Wood, General Counsel, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573 (202) 523-5740.

    SUPPLEMENTARY INFORMATION:

    The Federal Maritime Commission is publishing an updated list of controlled carriers. Section 3(8) of the Shipping Act of 1984 (46 U.S.C. 40102(8)), defines a “controlled carrier” as:

    an ocean common carrier that is, or whose operating assets are, directly or indirectly, owned or controlled by a government, with ownership or control by a government being deemed to exist for a carrier if—

    (A) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government; or

    (B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier.

    As required by the Shipping Act, controlled carriers are subject to special oversight by the Commission. Section 9(a) of the Shipping Act (46 U.S.C. 40701(b)), states:

    The Federal Maritime Commission, at any time after notice and opportunity for a hearing, may prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has failed to demonstrate is just and reasonable.

    Congress enacted these protections to ensure that controlled carries, whose marketplace decision-making can be influenced by foreign governmental priorities or by their access to non-market sources of capital, do not engage in unreasonable below-market pricing practices which could disrupt trade or harm privately-owned shipping companies.

    The controlled carrier list is not a comprehensive list of foreign-owned or -controlled ships or ship owners; rather, it is only a list of ocean common carriers that are controlled by governments. See 46 U.S.C. 40102(8). Thus, ocean common carriers owned by foreign individuals are not included, nor are tramp operators, other non-common carriers, or non-vessel-operating common carriers, regardless of their ownership or control.

    Since the last publication of this list on July 2, 2015 (80 FR 43427), there has been a reduction in the number of controlled carriers, due in part to the spate of consolidation activity that has occurred over the last two years. These changes are described below.

    Pursuant to 46 CFR 501.23, COSCO SHIPPING Lines (Europe) GmbH (formerly COSCO Container Lines Europe GmbH) was classified as a controlled carrier on November 9, 2015. See Petition of COSCO Container Lines Europe GmbH for an Exemption from 46 U.S.C. 40703, Docket No. P3-15 (Nov. 9, 2015). All tariffs for this carrier were cancelled effective May 24, 2017. As a result, COSCO SHIPPING Lines (Europe) GmbH will not be added to this republished controlled carrier list.

    Two previously classified controlled carriers, China Shipping Container Lines, Co., Ltd. and COSCO Container Lines Company, Limited, have formed a single controlled carrier now known as COSCO SHIPPING Lines Co., Ltd.

    Hainan P O Shipping Co., Ltd. is being removed from the list as it no longer operates as a common carrier. All Hainan P O Shipping Co., Ltd. tariffs in the U.S.-foreign trades were cancelled effective November 29, 2012.

    American President Lines, Ltd. and APL Co., Pte. are being removed from this list because they are now 100% owned by CMA CGM S.A., a privately owned company. See Petition of APL Co. Pte. Ltd. for an Exemption from Commission Regulations, 34 S.R.R.211 (FMC 2016).

    United Arab Shipping Company Ltd. (formerly United Arab Shipping Company (S.A.G.)) is being removed from this list because it is now 100% owned by Hapag-Lloyd pursuant to the recently finalized purchase of United Arab Shipping by Hapag-Lloyd on May 24, 2017. The foreign government entities that formerly held an ownership stake in United Arab Shipping acquired minority stakes in Hapag-Lloyd as part of the transaction; no State is majority owner.

    It is requested that any other information regarding possible omissions or inaccuracies in this list be provided to the Commission's Office of General Counsel. See 46 CFR 501.23. The amended list of currently classified controlled carriers and their corresponding Commission-issued Registered Persons Index numbers is set forth below:

    (1) COSCO SHIPPING Lines Co., Ltd. (RPI No. 02034)—People's Republic of China;

    (2) CNAN Nord SPA (RPI No. 021980)—People's Democratic Republic of Algeria.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2017-16227 Filed 8-1-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY:

    Board of Governors of the Federal Reserve System.

    ACTION:

    Notice, request for comment.

    SUMMARY:

    The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, without revision, the Reporting, Recordkeeping, and Disclosure Requirements Associated with Proprietary Trading and Certain Interests in and Relationships with Covered Funds (Regulation VV) (FR VV; OMB No. 7100-0360).

    On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board authority under the Paperwork Reduction Act (PRA) to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board. In exercising this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies.

    DATES:

    Comments must be submitted on or before October 2, 2017.

    ADDRESSES:

    You may submit comments, identified by FR VV, by any of the following methods:

    Agency Web site: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

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

    Email: [email protected] Include OMB number in the subject line of the message.

    FAX: (202) 452-3819 or (202) 452-3102.

    Mail: Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments are available from the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room 3515, 1801 K Street (between 18th and 19th Streets NW.), Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

    Additionally, commenters may send a copy of their comments to the OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503 or by fax to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.

    Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    SUPPLEMENTARY INFORMATION: Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information collection, which is being reviewed under authority delegated by the OMB under the PRA. Comments are invited on the following:

    a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions; including whether the information has practical utility;

    b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;

    c. Ways to enhance the quality, utility, and clarity of the information to be collected;

    d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information.

    At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Federal Reserve should modify the proposed revisions prior to giving final approval.

    Proposal To Approve Under OMB Delegated Authority the Extension for Three Years, Without Revision, of the Following Report

    Report title: Reporting, Recordkeeping, and Disclosure Requirements Associated with Proprietary Trading and Certain Interests in and Relationships with Covered Funds (Regulation VV).

    Agency form number: FR VV.

    OMB control number: 7100-0360.

    Frequency: Annual, monthly, quarterly, and on occasion.

    Respondents: State member banks, bank holding companies, savings and loan holding companies, foreign banking organizations, U.S. State branches or agencies of foreign banks, and other holding companies that control an insured depository institution and any subsidiary of the foregoing other than a subsidiary for which the OCC, FDIC, CFTC, or SEC is the primary financial regulatory agency. The Board will take burden for all institutions under a holding company including:

    • OCC-supervised institutions,

    • FDIC-supervised institutions,

    • Banking entities for which the CFTC is the primary financial regulatory agency, as defined in section 2(12)(C) of the Dodd-Frank Act, and

    • Banking entities for which the SEC is the primary financial regulatory agency, as defined in section 2(12)(B) of the Dodd-Frank Act.

    Estimated number of respondents: 5,027.

    Estimated average hours per response:

    Reporting Burden

    § _.12(e)—20 hours (Initial setup 50 hours).

    § _.20(d) (entities with $50 billion or greater in trading assets and liabilities)—2 hours (Initial setup 6 hours).

    § _.20(d) (entities with at least $10 billion and less than $50 billion in trading assets and liabilities)—2 hours (Initial setup 6 hours).

    Recordkeeping Burden

    § _.3(d)(3)—1 hour (Initial setup 3 hours).

    § _.4(b)(3)(i)(A)—2 hours.

    § _.5(c)—100 hours (Initial setup 50 hours).

    § _.11(a)(2)—10 hours.

    § _.20(b)—265 hours (Initial setup 795 hours).

    § _.20(c)—1,200 hours (Initial setup 3,600 hours).

    § _.20(d)—(entities with $50 billion or more in trading assets and liabilities) 440 hours.

    § _.20(d)—(entities with at least $10 billion and less than $50 billion in trading assets and liabilities) 350 hours.

    § _.20(e)—200 hours.

    § _.20(f)(1)—8 hours.

    § _.20(f)(2)—40 hours (Initial setup 100 hours).

    Disclosure Burden

    § _.11(a)(8)(i)—0.1 hours.

    Estimated annual burden hours: 1,085,690 hours (718,388 hours for initial setup and 367,302 hours for ongoing compliance).

    General Description of Report: The Board, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Commodity Futures Trading Commission (CFTC), and the Securities and Exchange Commission (SEC) (collectively, the agencies) adopted a final rule that implemented section 13 of the Bank Holding Company Act of 1956 (BHC Act), which was added by section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Section 13 contains certain prohibitions and restrictions on the ability of a banking entity supervised by the agencies to engage in proprietary trading and have certain interests in, or relationships with, a hedge fund or private equity fund. Section 248.20 and Appendix A of Regulation VV require certain of the largest banking entities engaged in significant trading activities to collect, evaluate, and furnish data regarding covered trading activities as an indicator of areas meriting additional attention by the banking entity and the Board.1

    1 As announced in the joint implementing rules, the agencies are currently in the process of conducting a review of the reported data on covered trading activities collected through September 30, 2015, and, based on this review, are considering whether to modify, retain, or replace the reported data.

    The reporting requirements are found in sections 248.12(e) and 248.20(d); the recordkeeping requirements are found in sections 248.3(d)(3), 248.4(b)(3)(i)(A), 248.5(c), 248.11(a)(2), and 248.20(b)-(f); and the disclosure requirements are found in section 248.11(a)(8)(i). The recordkeeping burden for sections 248.4(a)(2)(iii), 248.4(b)(2)(iii), 248.5(b)(1), 248.5(b)(2)(i), 248.5(b)(2)(iv), 248.13(a)(2)(i), and 248.13(a)(2)(ii)(A) is accounted for in section 248.20(b); the recordkeeping burden for Appendix B is accounted for in section 248.20(c); the reporting and recordkeeping burden for Appendix A is accounted for in section 248.20(d); and the recordkeeping burden for sections 248.10(c)(12)(i) and 248.10(c)(12)(iii) is accounted for in section 248.20(e). These information collection requirements for the Board implemented section 13 of the BHC Act for banking entities for which the Board is authorized to issue regulations under section 13(b)(2) of the BHC Act and take actions under section 13(e) of that Act. These banking entities include any state bank that is a member of the Federal Reserve System, any company that controls an insured depository institution (including a bank holding company and savings and loan holding company), any company that is treated as a bank holding company for purposes of section 8 of the International Banking Act, and any subsidiary of the foregoing other than a subsidiary for which the OCC, FDIC, CFTC, or SEC is the primary financial regulatory agency. The Board takes burden for all institutions under a holding company including OCC-supervised institutions, FDIC-supervised institutions, banking entities for which the CFTC is the primary financial regulatory agency, and banking entities for which the SEC is the primary financial regulatory agency. Compliance with the information collection is required for covered entities to obtain the benefit of engaging in certain types of proprietary trading or investing in, sponsoring, or having certain relationships with a hedge fund or private equity fund. No other federal law mandates these reporting, recordkeeping, and disclosure requirements. At this time, there are no required reporting forms associated with this information collection.

    Reporting Requirements

    Section 248.12(e) states that, upon application by a banking entity, the Board may extend the period of time to meet the requirements on ownership limitations in Regulation VV for up to two additional years, if the Board finds that an extension would be consistent with safety and soundness and not detrimental to the public interest. An application for extension must (1) be submitted to the Board at least 90 days prior to expiration of the applicable time period, (2) provide the reasons for application including information that addresses the factors in paragraph (e)(2) of section 248.12, and (3) explain the banking entity's plan for reducing the permitted investment in a covered fund through redemption, sale, dilution, or other methods.

    Section 248.20(d) provides that a banking entity engaged in proprietary trading activity must comply with the reporting requirements described in Appendix A, if (1) the banking entity has, together with its affiliates and subsidiaries, trading assets and liabilities (excluding trading assets and liabilities involving obligations of or guaranteed by the United States or any agency of the United States) the average gross sum of which over the previous consecutive four quarters, as measured as of the last day of each of the four prior calendar quarters, equals or exceeds the established threshold; (2) in the case of a foreign banking entity, the average gross sum of the trading assets and liabilities of the combined U.S. operations of the foreign banking entity (including all subsidiaries, affiliates, branches and agencies of the foreign banking entity operating, located or organized in the United States and excluding trading assets and liabilities involving obligations of or guaranteed by the United States or any agency of the United States) over the previous consecutive four quarters, as measured as of the last day of each of the four prior calendar quarters, equals or exceeds the established threshold; or (3) the Board notifies the banking entity in writing that it must satisfy the reporting requirements contained in Appendix A. The threshold for reporting is $50 billion beginning on June 30, 2014; $25 billion beginning on April 30, 2016; and $10 billion beginning on December 31, 2016. Unless the appropriate agency notifies the banking entity in writing that it must report on a different basis, a banking entity with $50 billion or more in trading assets and liabilities must report the information required by Appendix A for each calendar month within 30 days of the end of the relevant calendar month. Beginning with information for the month of January 2015, such information must be reported within 10 days of the end of that calendar month. Any other banking entity subject to Appendix A must report the information required by Appendix A for each calendar quarter within 30 days of the end of that calendar quarter unless the appropriate agency notifies the banking entity in writing that it must report on a different basis. Appendix A requires banking entities to furnish the following quantitative measurements for each trading desk of the banking entity: (1) Risk and position limits and usage; (2) risk factor sensitivities; (3) Value-at-Risk and stress Value-at-Risk; (4) comprehensive profit and loss attribution; (5) inventory turnover; (6) inventory aging; and (7) customer facing trade ratio.

    Risk and position limits are the constraints that define the amount of risk that a trading desk is permitted to take at a point in time, as defined by the banking entity for a specific trading desk. Usage represents the portion of the trading desk's limits that are accounted for by the current activity of the desk. Risk and position limits must be reported in the format used by the banking entity for the purposes of risk management of each trading desk. Risk and position limits are often expressed in terms of risk measures, such as Value-at-Risk (VaR) and risk factor sensitivities, but may also be expressed in terms of other observable criteria, such as net open positions. When criteria other than VaR or risk factor sensitivities are used to define the risk and position limits, both the value of the risk and position limits and the value of the variables used to assess whether these limits have been reached must be reported. The calculation period is one trading day and the measurement frequency is daily.

    Risk factor sensitivities are changes in a trading desk's comprehensive profit and loss that are expected to occur in the event of a change in one or more underlying variables that are significant sources of the trading desk's profitability and risk. A banking entity must report the risk factor sensitivities that are monitored and managed as part of the trading desk's overall risk management policy. The underlying data and methods used to compute a trading desk's risk factor sensitivities will depend on the specific function of the trading desk and the internal risk management models employed. The number and type of risk factor sensitivities that are monitored and managed by a trading desk, and furnished to the appropriate agency, will depend on the explicit risks assumed by the trading desk. In general, however, reported risk factor sensitivities must be sufficiently granular to account for a preponderance of the expected price variation in the trading desk's holdings. Trading desks must take into account any relevant factors in calculating risk factor sensitivities, including, for example, the following with respect to particular asset classes: Commodity derivative positions, credit positions, credit-related derivative positions, equity derivative positions, equity positions, foreign exchange derivative positions, and interest rate positions, including interest rate derivative positions. The methods used by a banking entity to calculate sensitivities to a common factor shared by multiple trading desks, such as an equity price factor, must be applied consistently across its trading desks so that the sensitivities can be compared from one trading desk to another. The calculation period is one trading day and the measurement frequency is daily.

    VaR is the commonly used percentile measurement of the risk of future financial loss in the value of a given set of aggregated positions over a specified period of time, based on current market conditions. Stress VaR is the percentile measurement of the risk of future financial loss in the value of a given set of aggregated positions over a specified period of time, based on market conditions during a period of significant financial stress. Banking entities must compute and report VaR and stress VaR by employing generally accepted standards and methods of calculation. VaR should reflect a loss in a trading desk that is expected to be exceeded less than one percent of the time over a one-day period. For those banking entities that are subject to regulatory capital requirements imposed by a Federal banking agency, VaR and stress VaR must be computed and reported in a manner that is consistent with such regulatory capital requirements. In cases where a trading desk does not have a standalone VaR or stress VaR calculation but is part of a larger aggregation of positions for which a VaR or stress VaR calculation is performed, a VaR or stress VaR calculation that includes only the trading desk's holdings must be performed consistent with the VaR or stress VaR model and methodology used for the larger aggregation of positions. The calculation period is one trading day and the measurement frequency is daily.

    Comprehensive profit and loss attribution is an analysis that attributes the daily fluctuation in the value of a trading desk's positions to various sources. First, the daily profit and loss of the aggregated positions is divided into three categories: (1) Profit and loss attributable to a trading desk's existing positions that were also positions held by the trading desk as of the end of the prior day (existing positions); (2) profit and loss attributable to new positions resulting from the current day's trading activity (new positions); and (3) residual profit and loss that cannot be specifically attributed to existing positions or new positions. The sum of (1), (2), and (3) must equal the trading desk's comprehensive profit and loss at each point in time. In addition, profit and loss measurements must calculate volatility of comprehensive profit and loss (i.e., the standard deviation of the trading desk's one-day profit and loss, in dollar terms) for the reporting period for at least a 30-, 60-, and 90-day lag period, from the end of the reporting period, and any other period that the banking entity deems necessary to meet the requirements of the rule. The specific categories used by a trading desk in the comprehensive profit and loss attribution analysis and amount of detail for the analysis should be tailored to the type and amount of trading activities undertaken by the trading desk. The new position attribution must be computed by calculating the difference between the prices at which instruments were bought and/or sold and the prices at which those instruments are marked to market at the close of business on that day multiplied by the notional or principal amount of each purchase or sale. Any fees, commissions, or other payments received (paid) that are associated with transactions executed on that day must be added (subtracted) from such difference. These factors must be measured consistently over time to facilitate historical comparisons. The calculation period is one trading day and the measurement frequency is daily.

    Inventory turnover is a ratio that measures the turnover of a trading desk's inventory. The numerator of the ratio is the absolute value of all transactions over the reporting period. The denominator of the ratio is the value of the trading desk's inventory at the beginning of the reporting period. For derivatives other than options and interest rate derivatives, value means gross notional value. For options, value means delta adjusted notional value. For interest rate derivatives, value means 10-year bond equivalent value. The calculation period is 30 days, 60 days, and 90 days and the measurement frequency is daily.

    Inventory aging generally describes a schedule of the trading desk's aggregate assets and liabilities and the amount of time that those assets and liabilities have been held. Inventory aging should measure the age profile of the trading desk's assets and liabilities. In general, inventory aging must be computed using a trading desk's trading activity data and must identify the value of a trading desk's aggregate assets and liabilities. Inventory aging must include two schedules, an asset-aging schedule and a liability-aging schedule. Each schedule must record the value of assets or liabilities held over all holding periods. For derivatives other than options and interest rate derivatives, value means gross notional value. For options, value means delta adjusted notional value. For interest rate derivatives, value means 10-year bond equivalent value. The calculation period is one trading day and the measurement frequency is daily.

    The customer-facing trade ratio is a ratio comparing (1) the transactions involving a counterparty that is a customer of the trading desk to (2) the transactions involving a counterparty that is not a customer of the trading desk. A trade count based ratio must be computed that records the number of transactions involving a counterparty that is a customer of the trading desk and the number of transactions involving a counterparty that is not a customer of the trading desk. A value based ratio must be computed that records the value of transactions involving a counterparty that is a customer of the trading desk and the value of transactions involving a counterparty that is not a customer of the trading desk. For purposes of calculating the customer-facing trade ratio, a counterparty is considered to be a customer of the trading desk if the counterparty is a market participant that makes use of the banking entity's market making-related services by obtaining such services, responding to quotations, or entering into a continuing relationship with respect to such services. However, a trading desk or other organizational unit of another banking entity would not be a client, customer, or counterparty of the trading desk if the other entity has trading assets and liabilities of $50 billion or more as measured in accordance with section 248.20(d)(1) unless the trading desk documents how and why a particular trading desk or other organizational unit of the entity should be treated as a client, customer, or counterparty of the trading desk. Transactions conducted anonymously on an exchange or similar trading facility that permits trading on behalf of a broad range of market participants would be considered transactions with customers of the trading desk. For derivatives other than options and interest rate derivatives, value means gross notional value. For options, value means delta adjusted notional value. For interest rate derivatives, value means 10-year bond equivalent value. The calculation period is 30 days, 60 days, and 90 days and the measurement frequency is daily.

    Recordkeeping Requirements

    Section 248.3(d)(3) specifies that proprietary trading does not include any purchase or sale of a security by a banking entity for the purpose of liquidity management in accordance with a documented liquidity management plan of the banking entity that (1) specifically contemplates and authorizes the particular securities to be used for liquidity management purposes, the amount, types, and risks of these securities that are consistent with liquidity management, and the liquidity circumstances in which the particular securities may or must be used; (2) requires that any purchase or sale of securities contemplated and authorized by the plan be principally for the purpose of managing the liquidity of the banking entity, and not for the purpose of short-term resale, benefitting from actual or expected short-term price movements, realizing short-term arbitrage profits, or hedging a position taken for such short-term purposes; (3) requires that any securities purchased or sold for liquidity management purposes be highly liquid and limited to securities the market, credit and other risks of which the banking entity does not reasonably expect to give rise to appreciable profits or losses as a result of short-term price movements; (4) limits any securities purchased or sold for liquidity management purposes, together with any other instruments purchased or sold for such purposes, to an amount that is consistent with the banking entity's near-term funding needs, including deviations from normal operations of the banking entity or any affiliate thereof, as estimated and documented pursuant to methods specified in the plan; (5) includes written policies and procedures, internal controls, analysis and independent testing to ensure that the purchase and sale of securities that are not permitted under section 248.6(a) or (b) are for the purpose of liquidity management and in accordance with the liquidity management plan described in this paragraph; and (6) is consistent with the appropriate agency's supervisory requirements, guidance, and expectations regarding liquidity management.

    Section 248.4(b)(3)(i)(A) provides that a trading desk or other organizational unit of another banking entity with more than $50 billion in trading assets and liabilities is not a client, customer, or counterparty unless the trading desk documents how and why a particular trading desk or other organizational unit of the entity should be treated as a client, customer, or counterparty of the trading desk for purposes of section 248.4(b).

    Section 248.5(c) requires documentation for certain purchases or sales of a financial instrument for risk-mitigating hedging purposes that is: (1) Not established by the specific trading desk establishing the underlying positions, contracts, or other holdings the risks of which the hedging activity is designed to reduce; (2) established by the specific trading desk establishing or responsible for the underlying positions, contracts, or other holdings but that is not specifically identified in the trading desk's written policies and procedures; or (3) established to hedge aggregated positions across two or more trading desks. In connection with any purchase or sale that meets these specified circumstances, a banking entity must, at a minimum and contemporaneously with the purchase or sale, document (1) the specific, identifiable risk(s) of the identified positions, contracts, or other holdings of the banking entity that the purchase or sale is designed to reduce; (2) the specific risk-mitigating strategy that the purchase or sale is designed to fulfill; and (3) the trading desk or other business unit that is establishing and responsible for the hedge. The banking entity must also create and retain records sufficient to demonstrate compliance with this section for at least five years in a form that allows the banking entity to promptly produce such records to the appropriate agency on request, or such longer period as required under other law or this part.

    Section 248.11(a)(2) requires that a banking entity must create a written plan or similar documentation in order to acquire or retain an ownership interest in a covered fund that is organized and offered by the banking entity pursuant to that exemption. The covered fund must be organized and offered only in connection with the provision of bona fide trust, fiduciary, investment advisory, or commodity trading advisory services and only to persons that are customers of such services of the banking entity. The written plan or similar documentation must outline how the banking entity intends to provide advisory or other similar services to its customers through organizing and offering the covered fund.

    Section 248.20(a) requires each banking entity to develop a compliance program reasonably designed to ensure and monitor compliance with the prohibitions and restrictions on proprietary trading and covered fund activities and investments set forth in section 13 of the BHC Act. For a banking entity with total consolidated assets over $10 billion, the compliance program from section 248.20(b) must include: (1) Written policies and procedures reasonably designed to document, describe, monitor and limit trading activities, including setting and monitoring required limits set out in sections 248.4 and 248.5 and activities and investments with respect to a covered fund (including those permitted under sections 248.3 through 248.6 or sections 248.11 through 248.14) to ensure that all activities and investments conducted by the banking entity that are subject to section 13 of the BHC Act and Subpart D of Regulation VV comply with section 13 of the BHC Act and applicable regulations; (2) a system of internal controls reasonably designed to monitor compliance with section 13 of the BHC Act and Subpart D of Regulation VV and to prevent the occurrence of activities or investments that are prohibited by section 13 of the BHC Act and applicable regulations; (3) a management framework that clearly delineates responsibility and accountability for compliance with section 13 of the BHC Act and Subpart D of Regulation VV and includes appropriate management review of trading limits, strategies, hedging activities, investments, incentive compensation, and other matters identified in this part or by management as requiring attention; (4) independent testing and audit of the effectiveness of the compliance program conducted periodically by qualified personnel of the banking entity or by a qualified outside party; (5) training for trading personnel and managers, as well as other appropriate personnel, to effectively implement and enforce the compliance program; and (6) records sufficient to demonstrate compliance with section 13 of the BHC Act and applicable regulations, which a banking entity must promptly provide to the Board upon request and retain for a period of no less than five years or such longer period as required by the Board.

    Section 248.20(c) specifies that the compliance program of a banking entity must satisfy the requirements and other standards contained in Appendix B, if (1) the banking entity engages in proprietary trading permitted under subpart B and is required to comply with the reporting requirements of section 248.20(d); (2) the banking entity has reported total consolidated assets as of the previous calendar year end of $50 billion or more or, in the case of a foreign banking entity, has total U.S. assets as of the previous calendar year end of $50 billion or more (including all subsidiaries, affiliates, branches and agencies of the foreign banking entity operating, located or organized in the United States); or (3) the Board notifies the banking entity in writing that it must satisfy the requirements and other standards contained in Appendix B. Appendix B provides enhanced minimum standards for compliance programs for banking entities that meet the thresholds in section 248.20(c) as described above. These include the establishment, maintenance, and enforcement of the enhanced compliance program and meeting the minimum written policies and procedures, internal controls, management framework, independent testing, training, and recordkeeping. The program must: (1) Be reasonably designed to identify, document, monitor, and report the permitted trading and covered fund activities and investments; identify, monitor, and promptly address the risk of these covered activities and investments and potential areas of noncompliance; and prevent activities or investments prohibited by, or that do not comply with, section 13 of the BHC Act and this part; (2) establish and enforce appropriate limits on covered activities and investments, including limits on size, scope, complexity, and risks of individual activities or investments consistent with the requirements of section 13 of the BHC Act and this part; (3) subject the effectiveness of the compliance program to periodic independent review and testing, and ensure that internal audit, corporate compliance, and internal control functions involved in review and testing are effective and independent; (4) make senior management and others accountable for effective implementation of compliance program and ensure that board of directors and chief executive officer (or equivalent) of the banking entity review effectiveness of the compliance program; and (5) facilitate supervision and examination by the relevant agencies of permitted trading and covered fund activities and investments.

    Section 248.20(d) provides that certain banking entities engaged in certain proprietary trading activities must comply with the reporting requirements described in Appendix A. A banking entity subject to these requirements must also, for any quantitative measurement furnished to the appropriate agency pursuant to section 248.20(d) and Appendix A, create and maintain records documenting the preparation and content of these reports, as well as such information as is necessary to permit the appropriate agency to verify the accuracy of such reports, for a period of five years from the end of the calendar year for which the measurement was taken.

    Section 248.20(e) specifies additional recordkeeping requirements for covered funds. Any banking entity that has more than $10 billion in total consolidated assets as reported on December 31 of the previous two calendar years must maintain records that include: (1) Documentation of the exclusions or exemptions other than sections 3(c)(1) and 3(c)(7) of the Investment Company Act of 1940 relied on by each fund sponsored by the banking entity (including all subsidiaries and affiliates) in determining that such fund is not a covered fund; (2) for each fund sponsored by the banking entity (including all subsidiaries and affiliates) for which the banking entity relies on one or more of the exclusions from the definition of covered fund provided by sections 248.10(c)(1), 248.10(c)(5), 248.10(c)(8), 248.10(c)(9), or 248.10(c)(10) of subpart C of the final rule, documentation supporting the banking entity's determination that the fund is not a covered fund pursuant to one or more of those exclusions; (3) for each seeding vehicle described in sections 248.10(c)(12)(i) or 248.10(c)(12)(iii) of subpart C that will become a registered investment company or SEC-regulated business development company, a written plan documenting the banking entity's determination that the seeding vehicle will become a registered investment company or SEC-regulated business development company, the period of time during which the vehicle will operate as a seeding vehicle, and the banking entity's plan to market the vehicle to third-party investors and convert it into a registered investment company or SEC-regulated business development company within the time period specified in section 248.12(a)(2)(i)(B) of subpart C; and (4) for any banking entity that is, or is controlled directly or indirectly by a banking entity that is, located in or organized under the laws of the United States or of any State, if the aggregate amount of ownership interests in foreign public funds that are described in section 248.10(c)(1) of subpart C owned by such banking entity (including ownership interests owned by any affiliate that is controlled directly or indirectly by a banking entity that is located in or organized under the laws of the United States or of any State) exceeds $50 million at the end of two or more consecutive calendar quarters, beginning with the next succeeding calendar quarter, documentation of the value of the ownership interests owned by the banking entity (and such affiliates) in each foreign public fund and each jurisdiction in which any such foreign public fund is organized, calculated as of the end of each calendar quarter, which documentation must continue until the banking entity's aggregate amount of ownership interests in foreign public funds is below $50 million for two consecutive calendar quarters.

    Pursuant to section 248.20(f)(1), a banking entity that does not engage in activities or investments pursuant to subpart B or subpart C (other than trading activities permitted pursuant to section 248.6(a) of subpart B) may satisfy the requirements of section 248.20 by establishing the required compliance program prior to becoming engaged in such activities or making such investments (other than trading activities permitted pursuant to section 248.6(a) of subpart B).

    Pursuant to section 248.20(f)(2) a banking entity with total consolidated assets of $10 billion or less as reported on December 31 of the previous two calendar years that engages in activities or investments pursuant to subpart B or subpart C (other than trading activities permitted under section 248.6(a)) may satisfy the requirements of section 248.20 by including in its existing compliance policies and procedures appropriate references to the requirements of section 13 and this part and adjustments as appropriate given the activities, size, scope, and complexity of the banking entity.

    Disclosure Requirements

    Section 248.11(a)(8)(i) requires that a banking entity must clearly and conspicuously disclose, in writing, to any prospective and actual investor in the covered fund (such as through disclosure in the covered fund's offering documents) (1) that “any losses in [such covered fund] will be borne solely by investors in [the covered fund] and not by [the banking entity]; therefore, [the banking entity's] losses in [such covered fund] will be limited to losses attributable to the ownership interests in the covered fund held by [the banking entity] in its capacity as investor in the [covered fund] or as beneficiary of a carried interest held by [the banking entity]”; (2) that such investor should read the fund offering documents before investing in the covered fund; (3) that the “ownership interests in the covered fund are not insured by the FDIC, and are not deposits, obligations of, or endorsed or guaranteed in any way, by any banking entity” (unless that happens to be the case); and (4) the role of the banking entity and its affiliates and employees in sponsoring or providing any services to the covered fund.

    Legal authorization and confidentiality: The Board's Legal Division has determined that section 13 of the Bank Holding Company Act (BHC Act) authorizes the Board and the other agencies to issue rules to carry out the purposes of the section (12 U.S.C. 1851(b)(2)). In addition, section 13 requires the agencies to issue regulations regarding internal controls and recordkeeping to ensure compliance with section 13 (12 U.S.C. 1851(e)(1)). The information collection is required in order for covered entities to obtain the benefit of engaging in certain types of proprietary trading or investing in, sponsoring, or having certain relationships with a hedge fund or private equity fund, under the restrictions set forth in section 13 and the final rule.

    As required information, the information submitted under sections 248.12(e) and 248.20(d) of the rule can be withheld under exemption 4 of the Freedom of Information Act (FOIA) if disclosure would result in substantial competitive harm (5 U.S.C. 552(b)(4)). The information required to be submitted meets this test, as detailed below. In addition, the information is “contained in or related to examination, operating, or condition reports prepared . . . for the use of ” the Board, and thus may be withheld under exemption 8 of FOIA (5 U.S.C. 552(b)(8)). Under section 248.12(e), the banking entity, as part of any request to extend the period to divest ownership of a covered fund, must provide to the agency (among other information): The total exposure of the banking entity to the covered fund and its materiality to the institution; the risks and costs of disposing of, or maintaining the fund, within the applicable period; and the contractual terms governing the banking entity's interest in the covered fund. Among the types of information required to be submitted under section 248.20(d) and Appendix A are (1) risk and position limits and usage; (2) risk factor sensitivities; (3) Value-at-Risk and stress Value-at-Risk; (4) comprehensive profit and loss attribution; (5) inventory turnover; (6) inventory aging; and (7) customer facing trade ratio. Disclosure of this type of internal proprietary business information would clearly cause substantial competitive harm.

    Regarding the information contained in the rule subject to recordkeeping requirements only, no issues of confidentiality normally would arise. If such information were gathered by the Federal Reserve during the course of supervisory examinations and inspections, however, such information normally would be deemed exempt under exemption 8 of FOIA (5 U.S.C. 552(b)(8)). The information collected in response to these recordkeeping requirements would be confidential commercial and financial information of the type normally exempt from disclosure under exemption 4 of FOIA, if gathered by the Federal Reserve (5 U.S.C. 552(b)(4)). Such information includes: The banking entity's liquidity management plan to qualify for certain regulatory exclusions under section 248.3(d)(3); documentation requirements for certain hedging transactions or exemptions under sections 248.5(c) and 248.11(a)(2); and a detailed compliance program (or equivalent trading policies and procedures) under sections 248.20(b)-(f).

    Board of Governors of the Federal Reserve System, July 28, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-16239 Filed 8-1-17; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0014; Docket 2017-0053; Sequence 8] Information Collection; Statement and Acknowledgment (Standard Form 1413) AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning statement and acknowledgment Standard Form (SF) 1413.

    DATES:

    Submit comments on or before October 2, 2017.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0014 by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 9000-0014. Select the link “Comment Now” that corresponds with “Information Collection 9000-0014, Statement and Acknowledgment (SF 1413)”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0014, Statement and Acknowledgment (SF 1413)” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Sosa/IC 9000-0014, Statement and Acknowledgment (SF 1413).

    Instructions: Please submit comments only and cite Information Collection 9000-0014, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Zenaida Delgado, Procurement Analyst, via telephone 202-969-7207 or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    SF 1413, Statement and Acknowledgment, is used by all executive agencies, including the Department of Defense, to obtain a statement from contractors that the proper clauses have been included in subcontracts. The form is used by the prime contractor to identify and report all applicable subcontracts (all tiers) awarded under the prime contract, identify specific scopes of work the subcontractors will be performing, subcontract award date, and subcontract number, and provide formal notification to the applicable subcontractors of the labor laws and associated clauses they are responsible for complying with.

    B. Annual Reporting Burden

    Respondents: 30,500.

    Responses per Respondent: 2.

    Total Responses: 61,000.

    Hours per Response: .05.

    Total Burden Hours: 3,050.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulation (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 9000-0014, Statement and Acknowledgment (SF 1413), in all correspondence.

    Dated: July 27, 2017. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2017-16274 Filed 8-1-17; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Procedural Justice Informed Alternatives to Contempt (PJAC).

    OMB No.: 0970-NEW.

    Description: The Office of Child Support Enforcement (OCSE) within the Administration for Children and Families (ACF) is proposing data collection activity as part of the Procedural Justice Informed Alternatives to Contempt Demonstration (PJAC). In September 2016, OCSE issued grants to six child support agencies to provide alternative approaches to the contempt process with the goal of increasing parents' compliance with child support orders by building trust and confidence in the child support agency and its processes. PJAC is a five-year project (the first year of which is dedicated to planning) that will allow grantees to learn whether incorporating principles of procedural justice into child support business practices increases reliable child support payments. In addition to increasing reliable payments, the PJAC intervention aims to reduce arrears, minimize the need for continued enforcement actions and sanctions, and reduce the inefficient use of contempt proceedings.

    The PJAC evaluation will yield information about the efficacy of applying procedural justice principles via a set of alternative services to the current contempt process. It will generate extensive knowledge regarding how PJAC programs operate, the effects the programs have, and whether their benefits exceed their costs. The information gathered will be critical to informing future policy decisions related to contempt.

    The PJAC evaluation will include the following three interconnected components or “studies”:

    1. Implementation Study. The goal of the implementation study is to provide a detailed description of the PJAC programs—how they are implemented, their participants, the contexts in which they are operated, and their promising practices. The implementation study will also assess whether the PJAC interventions are implemented as intended (implementation fidelity) as well as how the treatment implemented differed from the status quo (treatment contrast). The detailed descriptions will assist in interpreting program impacts and identifying program features and conditions necessary for effective program replication or improvement. Key activities of the implementation study will include: (1) A Management Information System (MIS) for collection and analysis of program participation data to track participant engagement in PJAC activities; (2) semi-structured interviews with program staff and staff from selected community partner organizations; (3) semi-structured interviews with program participants to learn about their experiences in PJAC; and (4) a staff questionnaire to gather broader quantitative information on program implementation and staff experiences.

    2. Impact Study: The goal of the impact study is to provide rigorous estimates of the effectiveness of the six programs using an experimental research design. Program applicants who are eligible for PJAC services will be randomly assigned to either a program group that is offered program services or to a control group that is not offered those services. The random assignment process will require child support program staff to complete a brief data entry protocol. The impact study will rely on administrative data from state and county child support systems, court records, criminal justice records, and data from the National Directory of New Hires. Administrative records data will be used to estimate impacts on child support payments, enforcement actions, contempt proceedings, jail stays, and employment and earnings. The impact study will also include a follow-up survey of participants that will be administered approximately 12 months after random assignment to a subset of the sample. The survey will gather information on participant experiences with the child support program and family court, family relationships, parenting and co-parenting, informal child support payments, and job characteristics. In an effort to enhance response rates, the PJAC survey firm will attempt to track survey sample members at a few points over the 12-month follow-up period in order to stay in touch with them and gather updated contact information from them.

    3. Benefit-Cost Study: The benefit-cost study will estimate the costs and benefits associated with the implementation and impact of the PJAC interventions. The study will examine the costs and benefits from the perspective of the government, noncustodial parents, custodial parents and their children, and society. Once measured, particular impacts or expenditures will constitute benefits or costs, depending on which analytical perspective is considered. For each of the perspectives, pertinent benefits and costs will be added together to determine the net value of the program. Key hypothesized benefits and costs to be assessed include increased PJAC intervention costs, reduced costs for contempt actions, increased payments from non-custodial parents, reduced court costs, and reduced jail time, among others. The benefit-cost study will rely on the results of the impact study, analysis of participation data from the MIS, and results of a staff time study in order to quantify various PJAC-related costs and benefits.

    This 30-Day Notice covers the following data collection activities: (1) Staff data entry for random assignment; (2) Study MIS to track program participation; (3) Staff and community partner interview topic guide; (4) Participant interview topic guide; and (5) Participant survey tracking letter.

    Respondents: Respondents for the first information collection phase include study participants and grantee staff and community partners. Specific respondents per instrument are noted in the burden table below.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden
  • hours
  • Total annual
  • burden hours
  • Staff data entry for random assignment 120 150 0.05 900 300 Study MIS to track program participation 120 150 1.00 18,000 6,000 Staff and community partner interview topic guide 150 2 1.00 300 100 Participant interview topic guide 180 1 1.00 180 60 Participant survey tracking letter 3,000 3 0.10 900 300

    Estimated Total Annual Burden Hours: 6,760.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201. Attention: Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2017-16254 Filed 8-1-17; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-4281] Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2018 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the fiscal year (FY) 2018 fee rates for certain domestic and foreign facility reinspections, failures to comply with a recall order, and importer reinspections that are authorized by the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the FDA Food Safety Modernization Act (FSMA). These fees are effective on October 1, 2017, and will remain in effect through September 30, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Jason Lewis, Office of Management, Office of Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rm. 2046, Rockville, MD 20857, 301-796-5957, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 107 of FSMA (Pub. L. 111-353) added section 743 to the FD&C Act (21 U.S.C. 379j-31) to provide FDA with the authority to assess and collect fees from, in part: (1) The responsible party for each domestic facility and the U.S. agent for each foreign facility subject to a reinspection, to cover reinspection-related costs; (2) the responsible party for a domestic facility and an importer who does not comply with a recall order, to cover food 1 recall activities associated with such order; and (3) each importer subject to a reinspection to cover reinspection-related costs (sections 743(a)(1)(A), (B), and (D) of the FD&C Act). Section 743 of the FD&C Act directs FDA to establish fees for each of these activities based on an estimate of 100 percent of the costs of each activity for each year (sections 743(b)(2)(A)(i), (ii), and (iv)), and these fees must be made available solely to pay for the costs of each activity for which the fee was incurred (section 743(b)(3)). These fees are effective on October 1, 2017, and will remain in effect through September 30, 2018. Section 743(b)(2)(B)(iii) of the FD&C Act directs FDA to develop a proposed set of guidelines in consideration of the burden of fee amounts on small businesses. As a first step in developing these guidelines, FDA invited public comment on the potential impact of the fees authorized by section 743 of the FD&C Act on small businesses (76 FR 45818, August 1, 2011). The comment period for this request ended November 30, 2011. As stated in FDA's September 2011 “Guidance for Industry: Implementation of the Fee Provisions of Section 107 of the FDA Food Safety Modernization Act,” (http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/FoodDefense/ucm274176.htm), because FDA recognizes that for small businesses the full cost recovery of FDA reinspection or recall oversight could impose severe economic hardship, FDA intends to consider reducing certain fees for those firms. FDA does not intend to issue invoices for reinspection or recall order fees until FDA publishes a guidance document outlining the process through which firms may request a reduction in fees.

    1 The term “food” for purposes of this document has the same meaning as such term in section 201(f) of the FD&C Act (21 U.S.C. 321(f)).

    In addition, as stated in the September 2011 Guidance, FDA is in the process of considering various issues associated with the assessment and collection of importer reinspection fees. The fee rates set forth in this notice will be used to determine any importer reinspection fees assessed in FY 2018.

    II. Estimating the Average Cost of a Supported Direct FDA Work Hour for FY 2018

    FDA is required to estimate 100 percent of its costs for each activity in order to establish fee rates for FY 2018. In each year, the costs of salary (or personnel compensation) and benefits for FDA employees account for between 50 and 60 percent of the funds available to, and used by, FDA. Almost all of the remaining funds (operating funds) available to FDA are used to support FDA employees for paying rent, travel, utility, information technology (IT), and other operating costs.

    A. Estimating the Full Cost per Direct Work Hour in FY 2018

    Full-time equivalent (FTE) reflects the total number of regular straight-time hours—not including overtime or holiday hours—worked by employees, divided by the number of compensable hours applicable to each fiscal year. Annual leave, sick leave, compensatory time off, and other approved leave categories are considered “hours worked” for purposes of defining FTE employment.

    In general, the starting point for estimating the full cost per direct work hour is to estimate the cost of an FTE or paid staff year. Calculating an Agency-wide total cost per FTE requires three primary cost elements: Payroll, non-payroll, and rent.

    The FY 2018 FDA-wide average cost for payroll (salaries and benefits) is $154,638; non-payroll—including equipment, supplies, IT, general and administrative overhead—is $89,224; and rent, including cost allocation analysis and adjustments for other rent and rent-related costs, is $23,922 per paid staff year, excluding travel costs.

    Summing the average cost of an FTE for payroll, non-payroll, and rent, brings the FY 2018 average fully supported cost to $267,783 per FTE, excluding travel costs. FDA will use this base unit fee in determining the hourly fee rate for reinspection and recall order fees for FY 2018 prior to including domestic or foreign travel costs as applicable for the activity.

    To calculate an hourly rate, FDA must divide the FY 2018 average fully supported cost of $267,783 per FTE by the average number of supported direct FDA work hours in FY 2016—the last FY for which data are available. See Table 1.

    Table 1—Supported Direct FDA Work Hours in a Paid Staff Year in FY 2016 Total number of hours in a paid staff year 2,080 Less: 10 paid holidays −80 20 days of annual leave −160 10 days of sick leave −80 12.5 days of training −100 26.5 days of general administration −184 26.5 days of travel −212 2 hours of meetings per week −104 Net Supported Direct FDA Work Hours Available for Assignments = 1,160

    Dividing the full-time equivalent in FY 2018 ($267,783) by the total number of supported direct work hours available for assignment in FY 2016 (1,160) results in an average fully supported cost of $231 (rounded to the nearest dollar), excluding inspection travel costs, per supported direct work hour in FY 2016.

    B. Adjusting FY 2016 Travel Costs for Inflation To Estimate FY 2018 Travel Costs

    To adjust the hourly rate for FY 2018, FDA must estimate the cost of inflation in each year for FY 2017 and FY 2018. FDA uses the method prescribed for estimating inflationary costs under the Prescription Drug User Fee Act (PDUFA) provisions of the FD&C Act (section 736(c)(1) (21 U.S.C. 379h(c)(1)), the statutory method for inflation adjustment in the FD&C Act that FDA has used consistently. FDA previously determined the FY 2017 inflation rate to be 1.5468 percent; this rate was published in the FY 2017 PDUFA user fee rates notice in the Federal Register (July 28, 2016, 81 FR 49674). Utilizing the method set forth in section 736(c)(1) of the FD&C Act, FDA has calculated an inflation rate of 1.5468 percent for 2017 and 1.6868 percent for 2018, and FDA intends to use these inflation rates to make inflation adjustments for FY 2018 for several of its user fee programs; the derivation of this rate will be published in the Federal Register in the FY 2018 notice for the PDUFA user fee rates.

    In FY 2016, FDA's Office of Regulatory Affairs (ORA) spent a total of $5,185,331 for domestic regulatory inspection travel costs and General Services Administration Vehicle costs related to FDA's Center for Food Safety and Applied Nutrition (CFSAN) and Center for Veterinary Medicine (CVM) field activities programs. The total ORA domestic travel costs spent is then divided by the 9,755 CFSAN and CVM domestic inspections, which averages a total of $532 per inspection. These inspections average 33.61 hours per inspection. Dividing $532 per inspection by 33.61 hours per inspection results in a total and an additional cost of $16 (rounded to the nearest dollar) per hour spent for domestic inspection travel costs in FY 2016. To adjust for the $16 per hour additional domestic cost inflation increases for FY 2017 and FY 2018, FDA must multiply the FY 2017 PDUFA inflation rate adjustor (1.015468) times the FY 2018 PDUFA inflation rate adjustor (1.016868) times the $16 additional domestic cost, which results in an estimated cost of $17 (rounded to the nearest dollar) per paid hour in addition to $231 for a total of $248 per paid hour ($231 plus $17) for each direct hour of work requiring domestic inspection travel. FDA will use these rates in charging fees in FY 2018 when domestic travel is required.

    In FY 2016, ORA spent a total of $2,166,592 on 344.31 foreign inspection trips related to FDA's CFSAN and CVM field activities programs, which averaged a total of $6,293 per foreign inspection trip. These trips averaged 3 weeks (or 120 paid hours) per trip. Dividing $6,293 per trip by 120 hours per trip results in a total and an additional cost of $52 (rounded to the nearest dollar) per paid hour spent for foreign inspection travel costs in FY 2016. To adjust $52 for inflationary increases in FY 2017 and FY 2018, FDA must multiply it by the same inflation factors mentioned previously in this document (1.015468, 1.016868), which results in an estimated cost of $54 (rounded to the nearest dollar) per paid hour in addition to $231 for a total of $285 per paid hour ($231 plus $54) for each direct hour of work requiring foreign inspection travel. FDA will use these rates in charging fees in FY 2018 when foreign travel is required.

    Table 2—FSMA Fee Schedule for FY 2018 Fee category Fee rates for FY 2018
  • ($)
  • Hourly rate if domestic travel is required $248 Hourly rate if foreign travel is required 285
    III. Fees for Reinspections of Domestic or Foreign Facilities Under Section 743(a)(1)(A) A. What will cause this fee to be assessed?

    The fee will be assessed for a reinspection conducted under section 704 of the FD&C Act (21 U.S.C. 374) to determine whether corrective actions have been implemented and are effective and compliance has been achieved to the Secretary of Health and Human Services' (the Secretary) (and, by delegation, FDA's) satisfaction at a facility that manufactures, processes, packs, or holds food for consumption necessitated as a result of a previous inspection (also conducted under section 704) of this facility, which had a final classification of Official Action Indicated (OAI) conducted by or on behalf of FDA, when FDA determined the non-compliance was materially related to food safety requirements of the FD&C Act. FDA considers such non-compliance to include non-compliance with a statutory or regulatory requirement under section 402 of the FD&C Act (21 U.S.C. 342) and section 403(w) of the FD&C Act (21 U.S.C. 343(w)). However, FDA does not consider non-compliance that is materially related to a food safety requirement to include circumstances where the non-compliance is of a technical nature and not food safety related (e.g., failure to comply with a food standard or incorrect font size on a food label). Determining when non-compliance, other than under sections 402 and 403(w) of the FD&C Act, is materially related to a food safety requirement of the FD&C Act may depend on the facts of a particular situation. FDA intends to issue guidance to provide additional information about the circumstances under which FDA would consider non-compliance to be materially related to a food safety requirement of the FD&C Act.

    Under section 743(a)(1)(A) of the FD&C Act, FDA is directed to assess and collect fees from “the responsible party for each domestic facility (as defined in section 415(b) (21 U.S.C. 350d(b))) and the United States agent for each foreign facility subject to a reinspection” to cover reinspection-related costs.

    Section 743(a)(2)(A)(i) of the FD&C Act defines the term “reinspection” with respect to domestic facilities as “1 or more inspections conducted under section 704 subsequent to an inspection conducted under such provision which identified non-compliance materially related to a food safety requirement of th[e] Act, specifically to determine whether compliance has been achieved to the Secretary's satisfaction.”

    The FD&C Act does not contain a definition of “reinspection” specific to foreign facilities. In order to give meaning to the language in section 743(a)(1)(A) of the FD&C Act to collect fees from the U.S. agent of a foreign facility subject to a reinspection, the Agency is using the following definition of “reinspection” for purposes of assessing and collecting fees under section 743(a)(1)(A), with respect to a foreign facility, “1 or more inspections conducted by officers or employees duly designated by the Secretary subsequent to such an inspection which identified non-compliance materially related to a food safety requirement of the FD&C Act, specifically to determine whether compliance has been achieved to the Secretary's (and, by delegation, FDA's) satisfaction.”

    This definition allows FDA to fulfill the mandate to assess and collect fees from the U.S. agent of a foreign facility in the event that an inspection reveals non-compliance materially related to a food safety requirement of the FD&C Act, causing one or more subsequent inspections to determine whether compliance has been achieved to the Secretary's (and, by delegation, FDA's) satisfaction. By requiring the initial inspection to be conducted by officers or employees duly designated by the Secretary, the definition ensures that a foreign facility would be subject to fees only in the event that FDA, or an entity designated to act on its behalf, has made the requisite identification at an initial inspection of non-compliance materially related to a food safety requirement of the FD&C Act. The definition of “reinspection-related costs” in section 743(a)(2)(B) of the FD&C Act relates to both a domestic facility reinspection and a foreign facility reinspection, as described in section 743(a)(1)(A).

    B. Who will be responsible for paying this fee?

    The FD&C Act states that this fee is to be paid by the responsible party for each domestic facility (as defined in section 415(b) of the FD&C Act) and by the U.S. agent for each foreign facility (section 743(a)(1)(A) of the FD&C Act). This is the party to whom FDA will send the invoice for any fees that are assessed under this section.

    C. How much will this fee be?

    The fee is based on the number of direct hours spent on such reinspections, including time spent conducting the physical surveillance and/or compliance reinspection at the facility, or whatever components of such an inspection are deemed necessary, making preparations and arrangements for the reinspection, traveling to and from the facility, preparing any reports, analyzing any samples or examining any labels if required, and performing other activities as part of the OAI reinspection until the facility is again determined to be in compliance. The direct hours spent on each such reinspection will be billed at the appropriate hourly rate shown in table 2.

    IV. Fees for Non-Compliance With a Recall Order Under Section 743(a)(1)(B) A. What will cause this fee to be assessed?

    The fee will be assessed for not complying with a recall order under section 423(d) (21 U.S.C. 350l(d)) or section 412(f) of the FD&C Act (21 U.S.C. 350a(f)) to cover food recall activities associated with such order performed by the Secretary (and by delegation, FDA) (section 743(a)(1)(B) of the FD&C Act). Non-compliance may include the following: (1) Not initiating a recall as ordered by FDA; (2) not conducting the recall in the manner specified by FDA in the recall order; or (3) not providing FDA with requested information regarding the recall, as ordered by FDA.

    B. Who will be responsible for paying this fee?

    Section 743(a)(1)(B) of the FD&C Act states that the fee is to be paid by the responsible party for a domestic facility (as defined in section 415(b) of the FD&C Act) and an importer who does not comply with a recall order under section 423 or under section 412(f) of the FD&C Act. In other words, the party paying the fee would be the party that received the recall order.

    C. How much will this fee be?

    The fee is based on the number of direct hours spent on taking action in response to the firm's failure to comply with a recall order. Types of activities could include conducting recall audit checks, reviewing periodic status reports, analyzing the status reports and the results of the audit checks, conducting inspections, traveling to and from locations, and monitoring product disposition. The direct hours spent on each such recall will be billed at the appropriate hourly rate shown in table 2.

    V. How must the fees be paid?

    An invoice will be sent to the responsible party for paying the fee after FDA completes the work on which the invoice is based. Payment must be made within 90 days of the invoice date in U.S. currency by check, bank draft, or U.S. postal money order payable to the order of the Food and Drug Administration. Detailed payment information will be included with the invoice when it is issued.

    VI. What are the consequences of not paying these fees?

    Under section 743(e)(2) of the FD&C Act, any fee that is not paid within 30 days after it is due shall be treated as a claim of the U.S. Government subject to provisions of subchapter II of chapter 37 of title 31, United States Code.

    Dated: July 25, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-16184 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-0007] Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal Year 2018 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the fee rates and payment procedures for fiscal year (FY) 2018 generic new animal drug user fees. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Animal Generic Drug User Fee Amendments of 2013 (AGDUFA II), authorizes FDA to collect user fees for certain abbreviated applications for generic new animal drugs, for certain generic new animal drug products, and for certain sponsors of such abbreviated applications for generic new animal drugs and/or investigational submissions for generic new animal drugs. This notice establishes the fee rates for FY 2018.

    FOR FURTHER INFORMATION CONTACT:

    Visit FDA's Web site at https://www.fda.gov/ForIndustry/UserFees/AnimalGenericDrugUserFeeActAGDUFA/default.htm, or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-6888. For general questions, you may also email the Center for Veterinary Medicine (CVM) at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 741 of the FD&C Act (21 U.S.C. 379j-21) establishes three different types of user fees: (1) Fees for certain types of abbreviated applications for generic new animal drugs; (2) annual fees for certain generic new animal drug products; and (3) annual fees for certain sponsors of abbreviated applications for generic new animal drugs and/or investigational submissions for generic new animal drugs (21 U.S.C. 379j-21(a)). When certain conditions are met, FDA will waive or reduce fees for generic new animal drugs intended solely to provide for a minor use or minor species indication (21 U.S.C. 379j-21(d)).

    For FY 2014 through FY 2018, the FD&C Act establishes aggregate yearly base revenue amounts for each of these fee categories (21 U.S.C. 379j-21(b)). Base revenue amounts established for fiscal years after FY 2014 are subject to adjustment for workload (21 U.S.C. 379j-21(c)). The target revenue amounts for each fee category for FY 2018, after the adjustment for workload, are as follows: For application fees, the target revenue amount is $2,355,000; for product fees, the target revenue amount is $3,532,000; and for sponsor fees, the target revenue amount is $3,532,000.

    For FY 2018, the generic new animal drug user fee rates are: $193,000 for each abbreviated application for a generic new animal drug other than those subject to the criteria in section 512(d)(4) of the FD&C Act (21 U.S.C. 360b(d)(4)); $96,500 for each abbreviated application for a generic new animal drug subject to the criteria in section 512(d)(4); $8,195 for each generic new animal drug product; $76,250 for each generic new animal drug sponsor paying 100 percent of the sponsor fee; $57,188 for each generic new animal drug sponsor paying 75 percent of the sponsor fee; and $38,125 for each generic new animal drug sponsor paying 50 percent of the sponsor fee. FDA will issue invoices for FY 2018 product and sponsor fees by December 31, 2017. These fees will be due by January 31, 2018. The application fee rates are effective for all abbreviated applications for a generic new animal drug submitted on or after October 1, 2017, and will remain in effect through September 30, 2018. Applications will not be accepted for review until FDA has received full payment of related application fees and any other fees owed under the Animal Generic Drug User Fee program (AGDUFA program).

    II. Revenue Amount for FY 2018 A. Statutory Fee Revenue Amounts

    AGDUFA II, Title II of Public Law 113-14, specifies that the aggregate revenue amount for FY 2018 for abbreviated application fees is $2,117,000 and each of the other two generic new animal drug user fee categories, annual product fees and annual sponsor fees, is $3,175,000 each (see 21 U.S.C. 379j-21(b)).

    B. Inflation Adjustment to Fee Revenue Amount

    The amounts established in AGDUFA II for each year for FY 2014 through FY 2018 include an inflation adjustment; therefore, no further inflation adjustment is required.

    C. Workload Adjustment Fee Revenue Amount

    For each FY beginning after FY 2014, AGDUFA II provides that statutory fee revenue amounts shall be further adjusted to reflect changes in review workload. (See 21 U.S.C. 379j-21(c)(2).)

    FDA calculated the average number of each of the four types of applications and submissions specified in the workload adjustment provision (abbreviated applications for generic new animal drugs, manufacturing supplemental abbreviated applications for generic new animal drugs, investigational generic new animal drug study submissions, and investigational generic new animal drug protocol submissions) received over the 5-year period that ended on September 30, 2013 (the base years), and the average number of each of these types of applications and submissions over the most recent 5-year period that ended on June 30, 2017.

    The results of these calculations are presented in the first two columns in table 1. Column 3 reflects the percent change in workload over the two 5-year periods. Column 4 shows the weighting factor for each type of application, reflecting how much of the total FDA generic new animal drug review workload was accounted for by each type of application or submission in the table during the most recent 5 years. Column 5 is the weighted percent change in each category of workload and was derived by multiplying the weighting factor in each line in column 4 by the percent change from the base years in column 3. At the bottom right of table 1, the sum of the values in column 5 is calculated, reflecting a total change in workload of 51.4457 percent for FY 2018. This is the workload adjuster for FY 2018.

    Table 1—Workload Adjuster Calculation Application Type Column 1 5-Year
  • average
  • (base years)
  • Column 2 Latest
  • 5-Year
  • average
  • Column 3 Percent
  • change
  • Column 4 Weighting
  • factor
  • Column 5 Weighted
  • percent
  • change
  • Abbreviated New Animal Drug Applications (ANADAs) 25.0 28.00 12.0 0.342876 4.1145 Manufacturing Supplements ANADAs 128.0 155.40 21.4 0.275337 5.8939 Generic Investigational Study Submissions 23.0 51.40 123.5 0.238287 29.4233 Generic Investigational Protocol Submissions 17.2 31.60 83.7 0.143501 12.0140 FY 2018 AGDUFA II Workload Adjuster 51.4457

    Over the last year FDA has continued to see more sponsors getting involved in the generic animal drug approval process, including pioneer sponsors. This has contributed to sustained increases in the number of ANADAs, manufacturing supplements, and protocols submitted. Additionally, more sponsors continue to pursue drug approvals that do not qualify for a waiver from the requirement to conduct an in vivo bioequivalence study. For this reason we are seeing a large sustained increase in the number of generic investigational new animal drug study submissions.

    As a result, the statutory revenue amount for each category of fees for FY 2018 ($2,117,000 for application fees and $3,175,000 for both product and sponsor fees) must now be increased by 51.4457 percent, for a total fee revenue target in FY 2018 of $12,822,907 for fees from all three categories before the offset for excess collections through FY 2018. The target for application fee revenue before the offset is $2,117,000 × 151.4457 percent, for a total of $3,206,105, rounded to the nearest dollar. The target for product fee revenue before the offset is $3,175,000 × 151.4457 percent, for a total of $4,808,401, rounded to the nearest dollar, and the target for sponsor fee revenue before the offset is the same as for product fees ($4,808,401, rounded to the nearest dollar).

    D. Offset for Excess Collections Through FY 2017

    Under the provisions of the FD&C Act, if the sum of the cumulative amount of the fees collected for FY 2014 through FY 2016, and the amount of fees estimated to be collected for FY 2017, exceeds the cumulative amount appropriated for fees for FY 2014 through FY 2017, the excess shall be credited to FDA's appropriation account and subtracted from the amount of fees that FDA would otherwise be authorized to collect for FY 2018 (see section 741(g)(4) of the FD&C Act).

    Table 2 shows the amounts specified in appropriation acts for each year from FY 2014 through FY 2017, and the amounts FDA has collected for FY 2014, FY 2015, FY 2016, and FY 2017 as of June 30, 2017, and an additional $11,810,000 (rounded to the nearest thousand dollars) that FDA estimates it will collect in FY 2017 based on historical data. Table 2 shows the estimated cumulative difference between AGDUFA II fee amounts specified in appropriation acts for FY 2014 through FY 2017 and AGDUFA II fee amounts collected.

    Table 2—Offsets To Be Taken for AGDUFA II Fiscal year Collections
  • realized
  • Collection amount
  • specified in
  • appropriation
  • acts
  • Amount in
  • excess of
  • collection
  • amount
  • specified in
  • appropriation
  • acts
  • 2014 $8,388,928 $7,328,000 $1,060,928 2015 9,982,041 6,944,000 3,038,041 2016 8,541,304 9,705,000 −1,163,696 2017 11,810,000 11,341,000 469,000 Net Balance to be Offset When Fees are Set for FY 2018 3,404,273 Note: FY 2017 “Collections Realized” is the amount FDA estimates it will collect in FY 2017 based on historical data.

    The cumulative fees collected for FY 2014 through FY 2017 are estimated to be $3,404,273 greater than the cumulative fee amounts specified in appropriation acts during this same period. Reducing the workload adjusted amount of $12,822,907 by the AGDUFA II offset of $3,404,273 results in an amount of $9,419,000 (rounded to the nearest thousand dollars), before the final year adjustment.

    Reducing the fees to achieve the offset-adjusted target revenue (as a percentage of workload-adjusted target revenue) yields the following revenue by fee type: The target for application fee revenue after the offset is $9,419,000 × 25 percent, for a total of $2,355,000, rounded to the nearest thousand. The target for product fee revenue after the offset is $9,419,000 × 37.5 percent, for a total of $3,532,000, rounded to the nearest thousand, and the target for sponsor fee revenue after the offset is the same as for product fees ($3,532,000, rounded to the nearest thousand).

    E. Final Year Adjustment

    Under the provisions of the FD&C Act, for FY 2018 the Secretary of Health and Human Services may, in addition to the workload adjustment, further increase the fees if such an adjustment is necessary to provide for not more than 3 months of operating reserves of carryover user fees for the process for the review of abbreviated applications for generic new animal drugs for the first 3 months of FY 2019. If such an adjustment is necessary, the rationale for the amount of this increase shall be contained in the annual notice establishing fees for FY 2018 (see section 741(c)(3) of the FD&C Act).

    After calculating the operating reserves and estimating the balance as of the beginning of FY 2019, FDA estimates that the AGDUFA program will have sufficient funds for the operating reserves; thus, FDA will not be performing a final year adjustment for FY 2019 because FDA has determined such an adjustment to be unnecessary.

    III. Abbreviated Application Fee Calculations for FY 2018 A. Application Fee Revenues and Numbers of Fee-Paying Applications

    Each person that submits an abbreviated application for a generic new animal drug shall be subject to an application fee, with limited exceptions (21 U.S.C. 379j-21(a)(1)). The term “abbreviated application for a generic new animal drug” means an abbreviated application for the approval of any generic new animal drug submitted under section 512(b)(2) (21 U.S.C. 379j-21(k)(1)). The application fees are to be set so that they will generate $2,355,000 in fee revenue for FY 2018.

    To set fees for abbreviated applications for generic new animal drugs to realize $2,355,000, FDA must first make some assumptions about the number of fee-paying abbreviated applications it will receive during FY 2018.

    The Agency knows the number of applications that have been submitted in previous years. That number fluctuates from year to year. FDA is making estimates and applying different assumptions for two types of full fee submissions: Original submissions of abbreviated applications for generic new animal drugs and “reactivated” submissions of abbreviated applications for generic new animal drugs. Any original submissions of abbreviated applications for generic new animal drugs that were received by FDA before July 1, 2008, were not assessed fees (21 U.S.C. 379j-21(a)(1)(A)). Some of these non-fee-paying submissions were later resubmitted on or after July 1 because the initial submission was not approved by FDA (i.e., FDA marked the submission as incomplete and requested additional non-administrative information) or because the original submission was withdrawn by the sponsor. Abbreviated applications for generic new animal drugs resubmitted on or after July 1, 2008, are subject to user fees. In this notice, FDA refers to these resubmitted applications as “reactivated” applications.

    Also, under AGDUFA II, an abbreviated application for an animal generic drug subject to the criteria in section 512(d)(4) of the FD&C Act and submitted on or after October 1, 2013, shall be subject to 50 percent of the fee applicable to all other abbreviated applications for a generic new animal drug (21 U.S.C. 379j-21(a)(1)(C)(ii)).

    Regarding original submissions of abbreviated applications for generic new animal drugs, FDA is assuming that the number of applications that will pay fees in FY 2018 will equal the average number of submissions over the 5 most recently completed years of the AGDUFA program (FY 2012-FY 2016). FDA believes that this is a reasonable approach after 8 complete years of experience with this program.

    The average number of original submissions of abbreviated applications for generic new animal drugs over the 5 most recently completed years is 10 applications not subject to the criteria in section 512(d)(4) of the FD&C Act and 4.4 submissions subject to the criteria in section 512(d)(4). Each of the submissions described under section 512(d)(4) of the FD&C Act pays 50 percent of the fee paid by the other applications and will be counted as one half of a fee. Adding all of the applications not subject to the criteria in section 512(d)(4) of the FD&C Act and 50 percent of the number that are subject to such criteria results in a total of 12.2 anticipated full fees.

    In prior years, FDA had estimated the number of reactivations of abbreviated applications for generic new animal drugs that had been originally submitted prior to July 1, 2008. Over the years, that number has decreased to the point that FDA no longer expects to receive any reactivations of applications initially submitted prior to July 1, 2008, and will include no provision for them in its fee estimates. Should such a submission be made, the submitter will be expected to pay the appropriate fee.

    Based on the previous assumptions, FDA is estimating that it will receive a total of 12.2 fee-paying generic new animal drug applications in FY 2018 (10 original applications paying a full fee and 4.4 applications paying a half fee).

    B. Application Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 12.2 abbreviated applications that pay the fee will generate a total of $2,355,000. To generate this amount, the fee for a generic new animal drug application, rounded to the nearest hundred dollars, will have to be $193,000, and for those applications that are subject to the criteria set forth in section 512(d)(4) of the FD&C Act, 50 percent of that amount, or $96,500.

    IV. Generic New Animal Drug Product Fee Calculations for FY 2018 A. Product Fee Revenues and Numbers of Fee-Paying Products

    The generic new animal drug product fee (also referred to as the product fee) must be paid annually by the person named as the applicant in an abbreviated application or supplemental abbreviated application for a generic new animal drug product submitted for listing under section 510 of the FD&C Act (21 U.S.C. 360), and who had an abbreviated application or supplemental abbreviated application for a generic new animal drug product pending at FDA after September 1, 2008 (see 21 U.S.C. 379j-21(a)(2)). The term “generic new animal drug product” means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the national drug code, and for which an abbreviated application for a generic new animal drug or supplemental abbreviated application for a generic new animal drug has been approved (21 U.S.C. 379j-21(k)(6)). The product fees are to be set so that they will generate $3,532,000 in fee revenue for FY 2018.

    To set generic new animal drug product fees to realize $3,532,000, FDA must make some assumptions about the number of products for which these fees will be paid in FY 2018. FDA gathered data on all generic new animal drug products that have been submitted for listing under section 510 of the FD&C Act and matched this to the list of all persons who FDA estimated would have an abbreviated new animal drug application or supplemental abbreviated application pending after September 1, 2008. As of June 2017, FDA estimates a total of 431 products submitted for listing by persons who had an abbreviated application for a generic new animal drug or supplemental abbreviated application for a generic new animal drug pending after September 1, 2008. Based on this, FDA believes that a total of 431 products will be subject to this fee in FY 2018.

    In estimating the fee revenue to be generated by generic new animal drug product fees in FY 2018, FDA is assuming that less than two products invoiced will qualify for minor use/minor species fee waiver (see 21 U.S.C. 379j-21(d)). FDA has kept this estimate at zero percent this year, based on historical data over the past 5 completed years of the AGDUFA program.

    Accordingly, the Agency estimates that a total of 431 products will be subject to product fees in FY 2018.

    B. Product Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 431 products that pay fees will generate a total of $3,532,000. To generate this amount will require the fee for a generic new animal drug product, rounded to the nearest $5, to be $8,195.

    V. Generic New Animal Drug Sponsor Fee Calculations for FY 2018 A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors

    The generic new animal drug sponsor fee (also referred to as the sponsor fee) must be paid annually by each person who: (1) Is named as the applicant in an abbreviated application for a generic new animal drug, except for an approved application for which all subject products have been removed from listing under section 510 of the FD&C Act, or has submitted an investigational submission for a generic new animal drug that has not been terminated or otherwise rendered inactive and (2) had an abbreviated application for a generic new animal drug, supplemental abbreviated application for a generic new animal drug, or investigational submission for a generic new animal drug pending at FDA after September 1, 2008 (see 21 U.S.C. 379j-21(k)(7) and 379j-21(a)(3), respectively). A generic new animal drug sponsor is subject to only one such fee each fiscal year (see 21 U.S.C. 379j-21(a)(3)(C)). Applicants with more than six approved abbreviated applications will pay 100 percent of the sponsor fee; applicants with more than one and fewer than seven approved abbreviated applications will pay 75 percent of the sponsor fee; and applicants with one or fewer approved abbreviated applications will pay 50 percent of the sponsor fee (see 21 U.S.C. 379j-21(a)(3)(C)). The sponsor fees are to be set so that they will generate $3,532,000 in fee revenue for FY 2018.

    To set generic new animal drug sponsor fees to realize $3,532,000, FDA must make some assumptions about the number of sponsors who will pay these fees in FY 2018. FDA now has 8 complete years of experience collecting these sponsor fees. Based on the number of firms that meet this definition and the average number of firms paying fees at each level over the 5 most recently completed years of the AGDUFA program (FY 2012 through FY 2016), FDA estimates that in FY 2018, 14 sponsors will pay 100 percent fees, 17 sponsors will pay 75 percent fees, and 42 sponsors will pay 50 percent fees. That totals the equivalent of 47.75 full sponsor fees (14 × 100 percent or 14, plus 17 × 75 percent or 12.75, plus 42 × 50 percent or 21).

    FDA estimates that about 3 percent of all of these sponsors, or 1.43, may qualify for a minor use/minor species fee waiver (see 21 U.S.C. 379j-21(d)). FDA has kept the estimate of the percentage of sponsors that will not pay fees at 3 percent this year, based on historical data over the past 5 completed years of the AGDUFA program.

    Accordingly, the Agency estimates that the equivalent of 46.32 full sponsor fees (47.75 minus 1.43) are likely to be paid in FY 2018.

    B. Sponsor Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated equivalent of 46.32 full sponsor fees will generate a total of $3,532,000. To generate this amount will require the 100 percent fee for a generic new animal drug sponsor, rounded to the nearest $50, to be $76,250. Accordingly, the fee for those paying 75 percent of the full sponsor fee will be $57,188, and the fee for those paying 50 percent of the full sponsor fee will be $38,125.

    VI. Fee Schedule for FY 2018

    The fee rates for FY 2018 are summarized in table 3.

    Table 3—FY 2018 Fee Rates Generic new animal drug user fee category Fee rate for FY 2018 Abbreviated Application Fee for Generic New Animal Drug except those subject to the criteria in section 512(d)(4) $193,000 Abbreviated Application Fee for Generic New Animal Drug subject to the criteria in section 512(d)(4) 96,500 Generic New Animal Drug Product Fee 8,195 100 Percent Generic New Animal Drug Sponsor Fee 1 76,250 75 Percent Generic New Animal Drug Sponsor Fee 1 57,188 50 Percent Generic New Animal Drug Sponsor Fee 1 38,125 1 An animal drug sponsor is subject to only one fee each fiscal year. VII. Procedures for Paying FY 2018 Generic New Animal Drug User Fees A. Abbreviated Application Fees and Payment Instructions

    The FY 2018 fee established in the new fee schedule must be paid for an abbreviated new animal drug application subject to fees under AGDUFA II that is submitted on or after October 1, 2017. The payment must be made in U.S. currency from a U.S. bank by one of the following methods: Wire transfer, electronically, check, bank draft, or U.S. postal money order made payable to the Food and Drug Administration. The preferred payment method is online using an electronic check (Automated Clearing House (ACH), also known as eCheck) or credit card (Discover, VISA, MasterCard, American Express). Secure electronic payments can be submitted using the User Fees Payment Portal at https://userfees.fda.gov/pay or the Pay.gov payment option is available to you after you submit a cover sheet. (Note: Only full payments are accepted. No partial payments can be made online.) Once you have found your invoice, select “Pay Now” to be redirected to Pay.gov. Electronic payment options are based on the balance due. Payment by credit card is available only for balances less than $25,000. If the balance exceeds this amount, only the ACH option is available. Payments must be made using U.S. bank accounts as well as U.S. credit cards.

    When paying by check, bank draft, or U.S. postal money order, please write your application's unique Payment Identification Number, beginning with the letters “AG”, on the upper right-hand corner of your completed Animal Generic Drug User Fee Cover Sheet. Also write the FDA post office box number (P.O. Box 979033) on the enclosed check, bank draft, or money order. Mail the payment and a copy of the completed Animal Generic Drug User Fee Cover Sheet to: Food and Drug Administration, P.O. Box 979033, St. Louis, MO 63197-9000.

    When paying by wire transfer, it is required that the invoice number is included; without the invoice number the payment may not be applied. If the payment amount is not applied, the invoice amount would be referred to collections. The originating financial institution may charge a wire transfer fee. If the financial institution charges a wire transfer fee, it is required to add that amount to the payment to ensure that the invoice is paid in full. Use the following account information when sending a wire transfer: U.S. Department of the Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045, Account Name: Food and Drug Administration, Account No.: 75060099, Routing No.: 021030004, Swift No.: FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver Spring, MD 20993-0002.

    To send a check by a courier such as Federal Express, the courier must deliver the check and printed copy of the cover sheet to: U.S. Bank, Attn: Government Lockbox 979033, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This address is for courier delivery only. If you have any questions concerning courier delivery, contact U.S. Bank at 314-418-4013. This phone number is only for questions about courier delivery.)

    It is important that the fee arrives at the bank at least a day or two before the abbreviated application arrives at FDA's Center for Veterinary Medicine (CVM). FDA records the official abbreviated application receipt date as the later of the following: The date the application was received by CVM, or the date U.S. Bank notifies FDA that your payment in the full amount has been received, or when the U.S. Department of the Treasury notifies FDA of payment. U.S. Bank and the United States Treasury are required to notify FDA within 1 working day, using the Payment Identification Number described previously.

    The tax identification number of FDA is 53-0196965. (Note: In no case should the payment for the fee be submitted to FDA with the application.)

    B. Application Cover Sheet Procedures

    Step One—Create a user account and password. Log onto the AGDUFA Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalGenericDrugUserFeeActAGDUFA/ucm137049.htm and scroll down the page until you find the link “Create AGDUFA User Fee Cover Sheet.” Select that link and follow the directions. For security reasons, each firm submitting an application will be assigned an organization identification number, and each user will also be required to set up a user account and password the first time you use this site. Online instructions will walk you through this process.

    Step Two—Create an Animal Generic Drug User Fee Cover Sheet, transmit it to FDA, and print a copy. After logging into your account with your user name and password, complete the steps required to create an Animal Generic Drug User Fee Cover Sheet. One cover sheet is needed for each abbreviated animal drug application. Once you are satisfied that the data on the cover sheet is accurate and you have finalized the cover sheet, you will be able to transmit it electronically to FDA and you will be able to print a copy of your cover sheet showing your unique Payment Identification Number.

    Step Three—Send the payment for your application as described in section VII.A of this document.

    Step Four—Please submit your application and a copy of the completed Animal Generic Drug User Fee Cover Sheet to the following address: Food and Drug Administration, Center for Veterinary Medicine, Document Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD 20855.

    C. Product and Sponsor Fees

    By December 31, 2017, FDA will issue invoices and payment instructions for product and sponsor fees for FY 2018 using this fee schedule. Fees will be due by January 31, 2018. FDA will issue invoices in November 2018 for any products and sponsors subject to fees for FY 2018 that qualify for fees after the December 2017 billing.

    Dated: July 26, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-16181 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-0007] Outsourcing Facility Fee Rates for Fiscal Year 2018 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the fiscal year (FY) 2018 rates for the establishment and re-inspection fees related to entities that compound human drugs and elect to register as outsourcing facilities under the Federal Food, Drug, and Cosmetic Act (the FD&C Act). The FD&C Act authorizes FDA to assess and collect an annual establishment fee from outsourcing facilities, as well as a re-inspection fee for each re-inspection of an outsourcing facility. This document establishes the FY 2018 rates for the small business establishment fee ($5,364), the non-small business establishment fee ($17,364), and the re-inspection fee ($16,093) for outsourcing facilities; provides information on how the fees for FY 2018 were determined; and describes the payment procedures outsourcing facilities should follow. These fee rates are effective October 1, 2017, and will remain in effect through September 30, 2018.

    FOR FURTHER INFORMATION CONTACT:

    For more information on human drug compounding and outsourcing facility fees, visit FDA's Web site at: http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/default.htm.

    For questions relating to this notice: Rachel Richter, Office of Financial Management, Food and Drug Administration, 8455 Colesville Rd., COLE-14216, Silver Spring, MD 20993-0002, 301-796-7111.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Quality and Security Act (DQSA) contains important provisions relating to the oversight of compounding human drugs. Title I of this law, the Compounding Quality Act, created a new section 503B in the FD&C Act (21 U.S.C. 353b). Under section 503B of the FD&C Act, a human drug compounder can become an “outsourcing facility.”

    Outsourcing facilities, as defined in section 503B(d)(4) of the FD&C Act, are facilities that meet all of the conditions described in section 503B(a), including registering with FDA as an outsourcing facility and paying an annual establishment fee. If the conditions of section 503B are met, a drug compounded by or under the direct supervision of a licensed pharmacist in an outsourcing facility is exempt from three sections of the FD&C Act: (1) Section 502(f)(1) (21 U.S.C. 352(f)(1)) concerning the labeling of drugs with adequate directions for use; (2) section 505 (21 U.S.C. 355) concerning the approval of human drug products under new drug applications (NDAs) or abbreviated new drug applications (ANDAs); and (3) section 582 (21 U.S.C. 360eee-1) concerning drug supply chain security requirements. Drugs compounded in outsourcing facilities are not exempt from the requirements of section 501(a)(2)(B) of the FD&C Act (21 U.S.C. 351(a)(2)(B)) concerning current good manufacturing practice requirements for drugs.

    Section 744K of the FD&C Act (21 U.S.C. 379j-62) authorizes FDA to assess and collect the following fees associated with outsourcing facilities: (1) An annual establishment fee from each outsourcing facility and (2) a re-inspection fee from each outsourcing facility subject to a re-inspection (see section 744K(a)(1) of the FD&C Act). Under statutorily defined conditions, a qualified applicant may pay a reduced small business establishment fee (see section 744K(c)(4) of the FD&C Act).

    FDA announced in the Federal Register of November 24, 2014 (79 FR 69856), the availability of a final guidance for industry entitled “Fees for Human Drug Compounding Outsourcing Facilities Under Sections 503B and 744K of the FD&C Act.” The guidance provides additional information on the annual fees for outsourcing facilities and adjustments required by law, re-inspection fees, how to submit payment, the effect of failure to pay fees, and how to qualify as a small business to obtain a reduction of the annual establishment fee. This guidance can be accessed on FDA's Web site at: https://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM391102.pdf.

    II. Fees for FY 2018 A. Methodology for Calculating FY 2018 Adjustment Factors 1. Inflation Adjustment Factor

    Section 744K(c)(2) of the FD&C Act specifies the annual inflation adjustment for outsourcing facility fees. The inflation adjustment has two components: One based on FDA's payroll costs and one based on FDA's non-payroll costs for the first 3 of the 4 previous fiscal years. The payroll component of the annual inflation adjustment is calculated by taking the average change in FDA's per-full time equivalent (FTE) personnel compensation and benefits (PC&B) in the first 3 of the 4 previous fiscal years (see section 744K(c)(2)(A)(ii) of the FD&C Act). FDA's total annual spending on PC&B is divided by the total number of FTEs per fiscal year to determine the average PC&B per FTE.

    Table 1 summarizes the actual cost and FTE data for the specified fiscal years, and provides the percent change from the previous fiscal year and the average percent change over the first 3 of the 4 fiscal years preceding FY 2018. The 3-year average is 2.2354 percent.

    Table 1—FDA PC&Bs Each Year and Percent Change Fiscal year 2014 2015 2016 3-Year average Total PC&B $2,054,937,000 $2,232,304,000 $2,414,728,159 Total FTE 14,555 15,484 16,381 PC&B per FTE $141,184 $144,168 $147,408 Percent change from previous year 2.3451% 2.1136% 2.2474% 2.2354%

    Section 744K(c)(2)(A)(ii) of the FD&C Act specifies that this 2.2354 percent should be multiplied by the proportion of PC&B to total costs of an average FDA FTE for the same 3 fiscal years.

    Table 2—FDA PC&Bs as a Percent of FDA Total Costs of an Average FTE Fiscal year 2014 2015 2016 3-Year average Total PC&B $2,054,937,000 $2,232,304,000 $2,414,728,159 Total Costs $4,298,476,000 $4,510,565,000 $4,666,236,000 PC&B Percent 47.8062% 49.4906% 51.7490% 49.6819%

    The payroll adjustment is 2.2354 percent multiplied by 49.6819 percent, or 1.1106 percent.

    Section 744K(c)(2)(A)(iii) of the FD&C Act specifies that the portion of the inflation adjustment for non-payroll costs for FY 2018 is equal to the average annual percent change in the Consumer Price Index (CPI) for urban consumers (U.S. City Average; Not Seasonally Adjusted; All items; Annual Index) for the first 3 years of the preceding 4 years of available data, multiplied by the proportion of all non-PC&B costs to total costs of an average FDA FTE for the same period.

    Table 2 provides the summary data for the percent change in the specified CPI for U.S. cities. These data are published by the Bureau of Labor Statistics and can be found on its Web site: http://data.bls.gov/cgi-bin/surveymost?cu. The data can be viewed by checking the box marked “U.S. All items, 1982-84 = 100—CUUR0000SA0” and then selecting “Retrieve Data”.

    Table 3—Annual and 3-Year Average Percent Change in U.S. City Average CPI Year 2014 2015 2016 3-Year average Annual CPI 236.736 237.017 240.007 Annual Percent Change 1.6222% 0.1187% 1.2615% 1.0008%

    Section 744K(c)(2)(A)(iii) of the FD&C Act specifies that this 1.0008 percent should be multiplied by the proportion of all non-PC&B costs to total costs of an average FTE for the same 3 fiscal years. The proportion of all non-PC&B costs to total costs of an average FDA FTE for FYs 2014 to 2016 is 50.3181 percent (100 percent−49.6819 percent = 50.3181 percent). Therefore, the non-pay adjustment is 1.0008 percent times 50.3181 percent, or 0.5036 percent.

    The PC&B component (1.1106 percent) is added to the non-PC&B component (0.5036 percent), for a total inflation adjustment of 1.6142 percent (rounded). Section 744K(c)(2)(A)(i) of the FD&C Act specifies that one is added to that figure, making the inflation adjustment 1.016142.

    Section 744K(c)(2)(B) of the FD&C Act provides for this inflation adjustment to be compounded after FY 2015. This factor for FY 2018 (1.6142 percent) is compounded by adding one to it, and then multiplying it by one plus the inflation adjustment factor for FY 2017 (5.5792 percent), as published in the Federal Register of August 1, 2016 (81 FR 50528 at 50529). The result of this multiplication of the inflation factors for the 3 years since FY 2015 (1.016142 × 1.055792) becomes the inflation adjustment for FY 2018. For FY 2018, the inflation adjustment is 7.2835 percent (rounded). We then add one, making the FY 2018 inflation adjustment factor 1.072835.

    2. Small Business Adjustment Factor

    Section 744K(c)(3) of the FD&C Act specifies that in addition to the inflation adjustment factor, the establishment fee for non-small businesses is to be further adjusted for a small business adjustment factor. Section 744K(c)(3)(B) of the FD&C Act provides that the small business adjustment factor is the adjustment to the establishment fee for non-small businesses that is necessary to achieve total fees equaling the amount that FDA would have collected if no entity qualified for the small business exception in section 744K(c)(4) of the FD&C Act. Additionally, section 744K(c)(5)(A) states that in establishing the small business adjustment factor for a fiscal year, FDA shall provide for the crediting of fees from the previous year to the next year if FDA overestimated the amount of the small business adjustment factor for such previous fiscal year.

    Therefore, to calculate the small business adjustment to the establishment fee for non-small businesses for FY 2018, FDA must estimate: (1) The number of outsourcing facilities that will pay the reduced fee for small businesses for FY 2018 and (2) the total fee revenue it would have collected if no entity had qualified for the small business exception (i.e., if each entity that registers as an outsourcing facility for FY 2018 were to pay the inflation-adjusted fee amount of $16,093).

    With respect to (1), FDA estimates that 12 entities will qualify for small business exceptions and will pay the reduced fee for FY 2018. With respect to (2), to estimate the total number of entities that will register as outsourcing facilities for FY 2018, FDA used data submitted by outsourcing facilities through the voluntary registration process, which began in December 2013. Accordingly, FDA estimates that 76 outsourcing facilities, including 12 small businesses, will be registered with FDA in FY 2018.

    If the projected 76 outsourcing facilities paid the full inflation-adjusted fee of $16,093, this would result in total revenue of $1,223,068 in FY 2018 ($16,093 × 76). However, 12 of the entities that are expected to register as outsourcing facilities for FY 2018 are projected to qualify for the small business exception and to pay one-third of the full fee ($5,364 × 12), totaling $64,368 instead of paying the full fee ($16,093 × 12), which would total $193,116. This would leave a potential shortfall of $128,748 ($193,116−$64,368).

    Additionally, section 744K(c)(5)(A) of the FD&C Act states that in establishing the small business adjustment factor for a fiscal year, FDA shall provide for the crediting of fees from the previous year to the next year if FDA overestimated the amount of the small business adjustment factor for such previous fiscal year. FDA has determined that it is appropriate to credit excess fees collected from the last completed fiscal year, due to the inability to conclusively determine the amount of excess fees from the fiscal year that is in progress at the time this calculation is made. This crediting is done by comparing the small business adjustment factor for the last completed fiscal year, FY 2016 ($1,771), to what would have been the small business adjustment factor for FY 2016 ($1,007) if FDA had estimated perfectly.

    The calculation for what the small business adjustment would have been if FDA had estimated perfectly begins by determining the total target collections (15,000 × [inflation adjustment factor] × [number of registrants]). For the most recent complete fiscal year, FY 2016, this was $1,061,480 ($15,610 × 68). The actual FY 2016 revenue from the 68 total registrants (i.e., 62 registrants paying FY 2016 non-small business establishment fee and six small business registrants) paying establishment fees is $999,038. $999,038 is calculated as follows: [FY 2016 Non-Small Business Establishment Fee adjusted for inflation only] × [total number of registrants in FY 2016 paying Non-Small Business Establishment Fee] + [FY 2016 Small Business Establishment Fee] × [total number of small business registrants in FY 2016 paying Small Business Establishment Fee]. $15,610 × 62 + $5,203 × 6 = $999,038. This left a shortfall of $62,442 from the estimated total target collection amount ($1,061,480−$999,038). $62,442 divided by the total number of registrants in FY 2016 paying Standard Establishment Fee (62) equals $1,007.

    The difference between the small business adjustment factor used in FY 2016 and the small business adjustment factor that would have been used had FDA estimated perfectly, is $764 ($1,771−$1,007). The $764 is then multiplied by the number of actual registrants who paid the standard fee for FY 2016 (62), which provides us a total excess collection of $47,385 in FY 2016.1

    1 The small business adjustment credit in place for FY 2017 fee setting is not relevant to setting fees for FY 2018 due to having more complete collection information.

    Therefore, to calculate the small business adjustment factor for FY 2018, FDA subtracts $47,385 from the projected shortfall of $128,748 for FY 2018 to arrive at the numerator for the small business adjustment amount, which equals $81,363. This number divided by 64 (the number of expected non-small businesses for FY 2018) is the small business adjustment amount for FY 2018, which is $1,271.

    B. FY 2018 Rates for Small Business Establishment Fee, Non-Small Business Establishment Fee, and Re-Inspection Fee 1. Establishment Fee for Qualified Small Businesses 2

    2 To qualify for a small business reduction of the FY 2018 establishment fee, entities had to submit their exception requests by April 30, 2017. See section 744K(c)(4)(B) of the FD&C Act. Although the time for requesting a small business exception for FY 2018 has now passed, an entity that wishes to request a small business exception for FY 2019 should consult section 744K(c)(4) of the FD&C Act and section III.D of FDA's guidance for industry entitled “Fees for Human Drug Compounding Outsourcing Facilities Under Sections 503B and 744K of the FD&C Act,” which can be accessed on FDA's Web site at https://www.fda.gov/downloads/drugs/guidancecomplianceregulatoryinformation/guidances/ucm391102.pdf.

    The amount of the establishment fee for a qualified small business is equal to $15,000 multiplied by the inflation adjustment factor for that fiscal year, divided by three (see section 744K(c)(4)(A) and (c)(1)(A) of the FD&C Act). The inflation adjustment factor for FY 2018 is 1.072835. See section II.A.1 for the methodology used to calculate the FY 2018 inflation adjustment factor. Therefore, the establishment fee for a qualified small business for FY 2018 is one third of $16,093, which equals $5,364 (rounded to the nearest dollar).

    2. Establishment Fee for Non-Small Businesses

    Under section 744K(c) of the FD&C Act, the amount of the establishment fee for a non-small business is equal to $15,000 multiplied by the inflation adjustment factor for that fiscal year, plus the small business adjustment factor for that fiscal year, and plus or minus an adjustment factor to account for over- or under-collections due to the small business adjustment factor in the prior year. The inflation adjustment factor for FY 2018 is 1.072835. The small business adjustment amount for FY 2018 is $1,271. See section II.A.2 for the methodology used to calculate the small business adjustment factor for FY 2018. Therefore, the establishment fee for a non-small business for FY 2018 is $15,000 multiplied by 1.072835 plus $1,271, which equals $17,364 (rounded to the nearest dollar).

    3. Re-Inspection Fee

    Section 744K(c)(1)(B) of the FD&C Act provides that the amount of the FY 2018 re-inspection fee is equal to $15,000, multiplied by the inflation adjustment factor for that fiscal year. The inflation adjustment factor for FY 2018 is 1.072835. Therefore, the re-inspection fee for FY 2018 is $15,000 multiplied by 1.072835, which equals $16,093 (rounded to the nearest dollar). There is no reduction in this fee for small businesses.

    C. Summary of FY 2018 Fee Rates Table 4—Outsourcing Facility Fees Qualified Small Business Establishment Fee $5,364 Non-Small Business Establishment Fee 17,364 Re-inspection Fee 16,093 III. Fee Payment Options and Procedures A. Establishment Fee

    Once an entity submits registration information and FDA has determined that the information is complete, the entity will incur the annual establishment fee. FDA will send an invoice to the entity, via email to the email address indicated in the registration file, or via regular mail if email is not an option. The invoice will contain information regarding the obligation incurred, the amount owed, and payment procedures. A facility will not be registered as an outsourcing facility until it has paid the annual establishment fee under section 744K of the FD&C Act. Accordingly, it is important that facilities seeking to operate as outsourcing facilities pay all fees immediately upon receiving an invoice. If an entity does not pay the full invoiced amount within 15 calendar days after FDA issues the invoice, FDA will consider the submission of registration information to have been withdrawn and adjust the invoice to reflect that no fee is due.

    Outsourcing facilities that registered in FY 2017 and wish to maintain their status as an outsourcing facility in FY 2018 must register during the annual registration period that lasts from October 1, 2017, to December 31, 2017. Failure to register and complete payment by December 31, 2017, will result in a loss of status as an outsourcing facility on January 1, 2018. Entities should submit their registration information no later than December 10, 2017, to allow enough time for review of the registration information, invoicing, and payment of fees before the end of the registration period.

    B. Re-Inspection Fee

    FDA will issue invoices for each re-inspection after the conclusion of the re-inspection, via email to the email address indicated in the registration file or via regular mail if email is not an option. Invoices must be paid within 30 days.

    C. Fee Payment Procedures

    1. The preferred payment method is online using electronic check (Automated Clearing House (ACH) also known as eCheck) or credit card (Discover, VISA, MasterCard, American Express). Secure electronic payments can be submitted using the User Fees Payment Portal at https://userfees.fda.gov/pay. (Note: Only full payments are accepted. No partial payments can be made online.) Once you search for your invoice, click “Pay Now” to be redirected to Pay.gov. Electronic payment options are based on the balance due. Payment by credit card is available for balances less than $25,000. If the balance exceeds this amount, only the ACH option is available. Payments must be made using U.S bank accounts as well as U.S. credit cards.

    2. If paying with a paper check: Checks must be in U.S. currency from a U.S. bank and made payable to the Food and Drug Administration. Payments can be mailed to: Food and Drug Administration, P.O. Box 979033, St. Louis, MO 63197-9000. If a check is sent by a courier that requests a street address, the courier can deliver the check to: U.S. Bank, Attn: Government Lockbox 979033, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This U.S. Bank address is for courier delivery only. If you have any questions concerning courier delivery, contact the U.S. Bank at 314-418-4013).

    3. When paying by wire transfer, the invoice number must be included. Without the invoice number the payment may not be applied. Regarding re-inspection fees, if the payment amount is not applied, the invoice amount will be referred to collections. The originating financial institution may charge a wire transfer fee. If the financial institution charges a wire transfer fee, it is required that the outsourcing facility add that amount to the payment to ensure that the invoice is paid in full. Use the following account information when sending a wire transfer: New York Federal Reserve Bank, U.S. Dept of Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045, Acct. No. 75060099, Routing No. 021030004, SWIFT: FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver Spring, MD 20993-0002. If needed, FDA's tax identification number is 53-0196965.

    Dated: July 25, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-16185 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Over-the-Counter Monograph User Fees: Stakeholder Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Food and Drug Administration (FDA) will hold a webinar for stakeholders on August 23, 2017, to provide stakeholders with a status update on the process of FDA and industry discussions on an Over-the-Counter (OTC) Monograph user fee program that began in July 2016. FDA will also provide an overview of proposed performance goals and procedures related to a potential new OTC monograph user fee program. This webinar is intended to be a followup to the June 10, 2016, public meeting and the September 6, 2016, stakeholder webinar on a potential new OTC monograph user fee program.

    DATES:

    FDA will hold a webinar for stakeholders on Wednesday, August 23, 2017, from 12:30 p.m. to 2 p.m. EDT.

    FOR FURTHER INFORMATION CONTACT:

    Mary Vienna, Office of Executive Programs, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20903-0002, 301-796-4150, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Introduction

    On June 10, 2016, FDA held a public meeting on a potential new user fee program for nonprescription (over-the-counter or OTC) monograph drugs. In the announcement of the public meeting in the Federal Register (May 11, 2016, 81 FR 29275), FDA invited public comment as the Agency considers a user-fee program for OTC monograph drugs. A user-fee program would provide funding to supplement congressional non-user-fee appropriations, and would support timely and efficient FDA review of the efficacy and safety of ingredients included in or proposed for inclusion in a monograph. Interested persons were given until July 11, 2016, to submit comments. A stakeholder webinar was held on September 6, 2016, which provided stakeholders with a status update on the process of FDA and industry discussions that began in July 2016. In the notice of public meeting (August 8, 2016, 81 FR 52444), FDA invited public comments and interested parties were given until October 6, 2016, to submit comments.

    FDA will hold a webinar for stakeholders on August 23, 2017, to provide stakeholders with a status update on the process of FDA and industry discussions on an OTC Monograph user fee program that began in July 2016. FDA will also provide an overview of proposed performance goals and procedures related to a potential new OTC monograph user fee program. This webinar is intended to be a followup to the June 10, 2016, public meeting and the September 6, 2016, stakeholder webinar on a potential new OTC monograph user fee program.

    II. Background

    Meeting minutes from FDA and industry discussions on a new OTC monograph user fee program can be found at: https://www.fda.gov/ForIndustry/UserFees/OTCMonographUserFee/default.htm. The proposed OTC Monograph User Fee Program Performance Goals and Procedures—Fiscal Years 2018-2022 document can also be found at that same Web site.

    Additional background information on OTC monograph drugs (such as how OTC drugs can be marketed, and the differences between marketing through approved applications and marketing under the monographs), factors FDA considers important in developing a user-fee program, and the questions for which FDA asked the public to consider and provide input, can be found in the Federal Register notice from the June 10, 2016, public meeting (https://www.federalregister.gov/articles/2016/05/11/2016-11098/over-the-counter-monograph-user-fees-public-meeting-request-for-comments). The meeting transcript, meeting recording, and presentations from the June 10, 2016, public meeting, which can serve as further background information, can be found at: https://www.fda.gov/ForIndustry/UserFees/OTCMonographUserFee/default.htm. A summary of the September 6, 2016, stakeholders' webinar, can also be found at: https://www.fda.gov/ForIndustry/UserFees/OTCMonographUserFee/default.htm.

    III. Stakeholder Meeting Participation

    FDA is seeking participation at the webinar by stakeholders, including scientific and academic experts, health care professionals, representatives of patient and consumer advocacy groups, and representatives of the OTC monograph industry. Participating in the webinar is free. The webinar format will include presentations by FDA staff and an opportunity for stakeholders to ask questions. If you wish to attend the webinar, FDA asks that you please register through Eventbrite by 12 a.m. EDT, Saturday, August 19, 2017: https://www.eventbrite.com/e/over-the-counter-monograph-user-fees-stakeholder-meeting-registration-33593404778. FDA will email the registered attendees a URL to join the webinar at least 1 day before the meeting.

    Dated July 27, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-16229 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-0007] Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the rates and payment procedures for fiscal year (FY) 2018 animal drug user fees. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Animal Drug User Fee Amendments of 2013 (ADUFA III), authorizes FDA to collect user fees for certain animal drug applications and supplements, for certain animal drug products, for certain establishments where such products are made, and for certain sponsors of such animal drug applications and/or investigational animal drug submissions. This notice establishes the fee rates for FY 2018.

    FOR FURTHER INFORMATION CONTACT:

    Visit FDA's Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-402-6888. For general questions, you may also email the Center for Veterinary Medicine (CVM) at: [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    Section 740 of the FD&C Act (21 U.S.C. 379j-12) establishes four different types of user fees: (1) Fees for certain types of animal drug applications and supplements; (2) annual fees for certain animal drug products; (3) annual fees for certain establishments where such products are made; and (4) annual fees for certain sponsors of animal drug applications and/or investigational animal drug submissions (21 U.S.C. 379j-12(a)). When certain conditions are met, FDA will waive or reduce fees (21 U.S.C. 379j-12(d)).

    For FY 2014 through FY 2018, the FD&C Act establishes aggregate yearly base revenue amounts for each fiscal year (21 U.S.C. 379j-12(b)(1)). Base revenue amounts established for years after FY 2014 are subject to adjustment for inflation and workload (21 U.S.C. 379j-12(c)). Fees for applications, establishments, products, and sponsors are to be established each year by FDA so that the percentages of the total revenue that are derived from each type of user fee will be as follows: Revenue from application fees shall be 20 percent of total fee revenue; revenue from product fees shall be 27 percent of total fee revenue; revenue from establishment fees shall be 26 percent of total fee revenue; and revenue from sponsor fees shall be 27 percent of total fee revenue (21 U.S.C. 379j-12(b)(2)).

    For FY 2018, the animal drug user fee rates are: $238,100 for an animal drug application; $119,050 for a supplemental animal drug application for which safety or effectiveness data are required and for an animal drug application subject to the criteria set forth in section 512(d)(4) of the FD&C Act (21 U.S.C. 360b(d)(4)); $6,175 for an annual product fee; $88,750 for an annual establishment fee; and $75,150 for an annual sponsor fee. FDA will issue invoices for FY 2018 product, establishment, and sponsor fees by December 31, 2017, and payment will be due by January 31, 2018. The application fee rates are effective for applications submitted on or after October 1, 2017, and will remain in effect through September 30, 2018. Applications will not be accepted for review until FDA has received full payment of application fees and any other animal drug user fees owed under the Animal Drug User Fee program (ADUFA program).

    II. Revenue Amount for FY 2018 A. Statutory Fee Revenue Amounts

    ADUFA III, Title I of Public Law 113-14, specifies that the aggregate fee revenue amount for FY 2018 for all animal drug user fee categories is $21,600,000 (21 U.S.C. 379j-12(b)(1)(B)).

    B. Inflation Adjustment to Fee Revenue Amount

    The fee revenue amount established in ADUFA III for FY 2015 and subsequent fiscal years are subject to an inflation adjustment (21 U.S.C. 379j-12(c)(2)).

    The component of the inflation adjustment for payroll costs shall be one plus the average annual percent change in the cost of all personnel compensation and benefits (PC&B) paid per full-time equivalent position (FTE) at FDA for the first three of the four preceding fiscal years, multiplied by the proportion of PC&B costs to total FDA costs for the first three of the four preceding fiscal years (see 21 U.S.C. 379j-12(c)(2)(A) and (B)). The data on total PC&B paid and numbers of FTE paid, from which the average cost per FTE can be derived, are published in FDA's Justification of Estimates for Appropriations Committees.

    Table 1 summarizes that actual cost and FTE data for the specified fiscal years, and provides the percent change from the previous fiscal year and the average percent change over the first of the 4 fiscal years preceding FY 2018. The 3-year average is 2.2354 percent.

    Table 1—FDA Personnel Compensation and Benefits (PC&B) Each Year and Percent Change Fiscal year 2014 2015 2016 3-Year average Total PC&B $2,054,937,000 $2,232,304,000 $2,414,728,159 Total FTE 14,555 15,484 16,381 PC&B per FTE $141,184 $144,168 $147,408 Percent Change from Previous Year 2.3451% 2.1136% 2.2474% 2.2354%

    The statute specifies that this 2.2354 percent should be multiplied by the proportion of PC&B costs to total FDA costs. Table 2 shows the amount of PC&B and the total amount obligated by FDA for the same 3 FYs.

    Table 2—PC&B as a Percent of Total Costs at FDA Fiscal year 2014 2015 2016 3-Year average Total PC&B $2,054,937,000 $2,232,304,000 $2,414,728,159 Total Costs $4,298,476,000 $4,510,565,000 $4,666,236,000 PC&B Percent 47.8062% 49.4906% 51.7490 49.6819%

    The payroll adjustment is 2.2354 percent multiplied by 49.6819 percent (or 1.1106 percent).

    The statute specifies that the portion of the inflation adjustment for non-payroll costs for FY 2018 is the average annual percent change that occurred in the Consumer Price Index (CPI) for urban consumers (Washington-Baltimore, DC-MD-VA-WV; not seasonally adjusted; all items less food and energy; annual index) for the first 3 of the preceding 4 years of available data multiplied by the proportion of all costs other than PC&B costs to total FDA costs (see 21 U.S.C. 379j-12(c)(2)(C)). Table 3 provides the summary data for the percent change in the specified CPI for the Baltimore-Washington area. The data from the Bureau of Labor Statistics is shown in table 3.

    Table 3—Annual and 3-Year Average Percent Change in Baltimore-Washington Area CPI Less Food and Energy Year 2014 2015 2016 3-Year average Annual CPI 149.581 152.242 154.702 Annual Percent Change 1.7883% 1.7790% 1.6158% 1.7277%

    To calculate the inflation adjustment for non-pay costs, we multiply the 1.7277 percent by the proportion of all costs other than PC&B to total FDA costs. Since 49.6819 percent was obligated for PC&B as shown in table 2, 50.3181 percent is the portion of costs other than PC&B (100 percent −49.6819 percent = 50.3181 percent). The non-payroll adjustment is 1.7277 percent times 50.3181 percent, or 0.8693 percent.

    Next, we add the payroll component (1.1106 percent) to the non-pay component (0.8693 percent), for a total inflation adjustment of 1.9799 percent for FY 2018.

    ADUFA III provides for the inflation adjustment to be compounded each fiscal year after FY 2014 (see 21 U.S.C. 379j-12(c)(2)). The factor for FY 2018 (1.9799 percent) is compounded by adding 1 and then multiplying by 1 plus the inflation adjustment factor for FY 2017 (6.0746 percent), as published in the Federal Register of July 28, 2016 (81 FR 49664 to 49669), which equals 1.081748 (rounded) (1.019799 × 1.060746) for FY 2018. We then multiply the base revenue amount for FY 2018 ($21,600,000) by 1.081748, yielding an inflation adjusted amount of $23,365,757.

    C. Workload Adjustment to Inflation Adjusted Fee Revenue Amount

    A workload adjustment will be calculated to the inflation adjusted fee revenue amount established in ADUFA III for FY 2015 and subsequent fiscal years (21 U.S.C. 379j-12(c)(3)).

    FDA calculated the average number of each of the five types of applications and submissions specified in the workload adjustment provision (animal drug applications, supplemental animal drug applications for which data with respect to safety or efficacy are required, manufacturing supplemental animal drug applications, investigational animal drug study submissions, and investigational animal drug protocol submissions) received over the 5-year period that ended on September 30, 2013 (the base years), and the average number of each of these types of applications and submissions over the most recent 5-year period that ended June 30, 2017.

    The results of these calculations are presented in the first two columns of table 4. Column 3 reflects the percent change in workload over the two 5-year periods. Column 4 shows the weighting factor for each type of application, reflecting how much of the total FDA animal drug review workload was accounted for by each type of application or submission in the table during the most recent five years. Column 5 is the weighted percent change in each category of workload, and was derived by multiplying the weighting factor in each line in column 4 by the percent change from the base years in column 3. At the bottom right of table 4 the sum of the values in column 5 is added, reflecting a total change in workload of 5.4599 percent for FY 2018. This is the workload adjuster for FY 2018.

    Table 4—Workload Adjuster Calculation [Numbers may not add due to rounding] Application type Column 1
  • 5-year
  • average
  • (base years)
  • Column 2
  • latest
  • 5-year
  • average
  • Column 3
  • percent
  • change
  • Column 4
  • weighting
  • factor
  • Column 5
  • weighted
  • percent
  • change
  • New Animal Drug Applications (NADAs) 9.8000 16.0 63.2653 0.030373 1.9216 Supplemental NADAs with Safety or Efficacy Data 9.6000 10.6 10.4167 0.026491 0.2759 Manufacturing Supplements 361.0000 334.6 −7.3130 0.162018 −1.1848 Investigational Study Submissions 216.4000 189.8 −12.2921 0.579781 −7.1267 Investigational Protocol Submissions 133.6000 210.4 57.4850 0.201337 11.5739 FY 2018 Workload Adjuster 5.4599

    FDA experienced an increase in the number of new animal drug applications (NADAs) and supplemental NADAs with safety or effectiveness data. Over the last several years FDA has seen an increase in the number of animal drug products brought by animal drug sponsors for review in the drug evaluation process. These new animal drug products come from both existing animal drug sponsors as well as sponsors new to the animal drug market. The increase in new animal drug products has contributed to an increase in the number of protocol submissions and NADAs submitted for many novel drug classes and novel indications for both food-producing animals and companion animals. FDA can expect that the increases in reviewed protocols will lead in the near future to an increase in the number of Investigational Study Submissions and NADAs or supplemental NADAs as sponsors work their products through the regulatory review process. Additionally, FDA has seen an increase in the number of animal drug sponsors pursuing multiple changes to their existing NADAs (e.g., new indications, new species, changes in dosage). For this reason we are seeing an increase in the number of supplemental NADAs with safety or effectiveness data. The increases in these submissions are consistent with an overall increase in workload including all submissions and communications with sponsors. In addition, CVM is not seeing a corresponding decrease in any of the other submission types that might have served to offset workload. As a result, the statutory revenue amount after the inflation adjustment ($23,365,757) must now be increased by 5.4599 percent to reflect the changes in review workload (workload adjustment), for a total fee revenue target of $24,641,504.

    D. Offset for Excess Collections Through FY 2017

    Under section 740(g)(4) of the FD&C Act, if the sum of the cumulative amount of the fees collected for FY 2014 through FY 2016, and the amount of fees estimated to be collected for FY 2017, exceeds the cumulative amount appropriated for fees for FY 2014 through FY 2017, the excess shall be credited to FDA's appropriation account and subtracted from the amount of fees that FDA would otherwise be authorized to collect for FY 2018 under the FD&C Act. (21 U.S.C. 379j-12(g)(4)).

    Table 5 shows the amounts specified in appropriation acts for each year from FY 2014 through FY 2017, and the amounts FDA has collected for FY 2014, FY 2015, FY 2016, and FY 2017 as of June 30, 2017, and an additional $21,941,000 (rounded to the nearest thousand dollars) that FDA estimates it will collect in FY 2017 based on historical data. Table 5 shows the estimated cumulative difference between ADUFA fee amounts specified in appropriation acts for FY 2014 through FY 2017 and ADUFA fee amounts collected.

    Table 5—Offsets To Be Taken for ADUFA III Fiscal year Collections
  • realized
  • Collection amount
  • specified in
  • appropriation
  • acts
  • Amount in
  • excess of
  • collection
  • amount
  • specified in
  • appropriation
  • acts
  • 2014 $27,184,831 $23,600,000 $3,584,831 2015 24,535,338 22,464,000 2,071,338 2016 25,442,477 22,818,000 2,624,477 2017 21,941,000 23,673,000 −1,732,000 Net Balance to be Offset When Fees are Set for FY 2018 6,548,646 Note: FY 2017 `Collections Realized' is the amount FDA estimates it will collect in FY 2017 based on historical data.

    The cumulative fees collected for FY 2014 through FY 2017 are estimated to be $6,548,646 greater than the cumulative fee amounts specified in appropriation acts during this same period. Reducing the inflation and workload adjusted amount of $24,641,504 by the ADUFA III offset of $6,548,646 results in an amount of $18,093,000 (rounded to the nearest thousand), before the final year adjustment.

    E. Final Year Adjustment

    Under section 740(c)(4) of the FD&C Act, for FY 2018 the Secretary of Health and Human Services (the Secretary) may, in addition to the inflation and workload adjustments, further increase the fees if such an adjustment is necessary to provide for not more than 3 months of operating reserves of carryover user fees for the process for the review of animal drug applications for the first 3 months of FY 2019. If such an adjustment is necessary, the rationale for the amount of this increase must be included in the annual notice establishing fees for FY 2018 (21 U.S.C. 379j-12(c)(4)).

    After calculating the operating reserves and estimating the balance as of the beginning of FY 2019, FDA estimates that the ADUFA program will have sufficient funds for the operating reserves, thus FDA will not be performing a final year adjustment for FY 2019 because FDA has determined such an adjustment to be unnecessary.

    F. FY 2018 Fee Revenue Amounts

    ADUFA III specifies that the revenue amount of $18,093,000 for FY 2018 is to be divided as follows: 20 percent, or a total of $3,619,000 (rounded to the nearest thousand dollars), is to come from application fees; 27 percent, or a total of $4,885,000 (rounded to the nearest thousand dollars), is to come from product fees; 26 percent, or a total of $4,704,000 (rounded to the nearest thousand dollars), is to come from establishment fees; and 27 percent, or a total of $4,885,000 (rounded to the nearest thousand dollars), is to come from sponsor fees (21 U.S.C. 379j-12(b)).

    III. Application Fee Calculations for FY 2018 A. Application Fee Revenues and Numbers of Fee-Paying Applications

    Each person that submits an animal drug application or a supplemental animal drug application shall be subject to an application fee, with limited exceptions (see 21 U.S.C. 379j-12(a)(1)). The term “animal drug application” means an application for approval of any new animal drug submitted under section 512(b)(1) of the FD&C Act (21 U.S.C. 379j-11(1)). A “supplemental animal drug application” is defined as a request to the Secretary to approve a change in an animal drug application which has been approved, or a request to the Secretary to approve a change to an application approved under section 512(c)(2) of the FD&C Act for which data with respect to safety or effectiveness are required (21 U.S.C. 379j-11(2)). The application fees are to be set so that they will generate $3,619,000 in fee revenue for FY 2018. The fee for a supplemental animal drug application for which safety or effectiveness data are required and for an animal drug application subject to criteria set forth in section 512(d)(4) of the FD&C Act is to be set at 50 percent of the animal drug application fee (21 U.S.C. 379j-12(a)(1)(A)(ii)).

    To set animal drug application fees and supplemental animal drug application fees to realize $3,619,000 FDA must first make some assumptions about the number of fee-paying applications and supplements the Agency will receive in FY 2018.

    The Agency knows the number of applications that have been submitted in previous years. That number fluctuates from year to year. In estimating the fee revenue to be generated by animal drug application fees in FY 2018, FDA is assuming that the number of applications that will pay fees in FY 2018 will equal the average number of submissions over the five most recent completed years of the ADUFA program (FY 2012 to FY 2016). FDA believes that this is a reasonable approach after 13 completed years of experience with this program.

    Over the five most recent completed years, the average number of animal drug applications that would have been subject to the full fee was 8.2. Over this same period, the average number of supplemental applications for which safety or effectiveness data are required and applications subject to the criteria set forth in section 512(d)(4) of the FD&C Act that would have been subject to half of the full fee was 14.0.

    B. Application Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 8.2 applications that pay the full fee and the estimated 14.0 supplemental applications for which safety or effectiveness data are required and applications subject to the criteria set forth in section 512(d)(4) of the FD&C Act that pay half of the full fee will generate a total of $3,619,000. To generate this amount, the fee for an animal drug application, rounded to the nearest $100, will have to be $238,100, and the fee for a supplemental animal drug application for which safety or effectiveness data are required and for applications subject to the criteria set forth in section 512(d)(4) of the FD&C Act will have to be $119,050.

    IV. Product Fee Calculations for FY 2018 A. Product Fee Revenues and Numbers of Fee-Paying Products

    The animal drug product fee (also referred to as the product fee) must be paid annually by the person named as the applicant in a new animal drug application or supplemental new animal drug application for an animal drug product submitted for listing under section 510 of the FD&C Act (21 U.S.C. 360), and who had an animal drug application or supplemental animal drug application pending at FDA after September 1, 2003 (21 U.S.C. 379j-12(a)(2)). The term “animal drug product” means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the national drug code, and for which an animal drug application or a supplemental animal drug application has been approved (21 U.S.C. 379j-11(3)). The product fees are to be set so that they will generate $4,885,000 in fee revenue for FY 2018.

    To set animal drug product fees to realize $4,885,000, FDA must make some assumptions about the number of products for which these fees will be paid in FY 2018. FDA developed data on all animal drug products that have been submitted for listing under section 510 of the FD&C Act and matched this to the list of all persons who had an animal drug application or supplement pending after September 1, 2003. As of June 2017, FDA estimates that there are a total of 815 products submitted for listing by persons who had an animal drug application or supplemental animal drug application pending after September 1, 2003. Based on this, FDA estimates that a total of 815 products will be subject to this fee in FY 2018.

    In estimating the fee revenue to be generated by animal drug product fees in FY 2018, FDA is assuming that 3 percent of the products invoiced, or 24, will not pay fees in FY 2018 due to fee waivers and reductions. FDA has kept this estimate at 3 percent this year, based on historical data over the past five completed years of the ADUFA program. Based on experience over the first 13 completed years of the ADUFA program, FDA believes that this is a reasonable basis for estimating the number of fee-paying products in FY 2018.

    Accordingly, the Agency estimates that a total of 791 (815 minus 24) products will be subject to product fees in FY 2018.

    B. Product Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 791 products that pay fees will generate a total of $4,885,000. To generate this amount will require the fee for an animal drug product, rounded to the nearest $5, to be $6,175.

    V. Establishment Fee Calculations for FY 2018 A. Establishment Fee Revenues and Numbers of Fee-Paying Establishments

    The animal drug establishment fee (also referred to as the establishment fee) must be paid annually by the person who: (1) Owns or operates, directly or through an affiliate, an animal drug establishment; (2) is named as the applicant in an animal drug application or supplemental animal drug application for an animal drug product submitted for listing under section 510 of the FD&C Act; (3) had an animal drug application or supplemental animal drug application pending at FDA after September 1, 2003; and (4) whose establishment engaged in the manufacture of the animal drug product during the fiscal year (see 21 U.S.C. 379j-12(a)(3)). An establishment subject to animal drug establishment fees is assessed only one such fee per fiscal year. The term “animal drug establishment” is defined as a foreign or domestic place of business which is at one general physical location consisting of one or more buildings all of which are within 5 miles of each other, at which one or more animal drug products are manufactured in final dosage form (21 U.S.C. 379j-11(4)). The establishment fees are to be set so that they will generate $4,704,000 in fee revenue for FY 2018.

    To set animal drug establishment fees to realize $4,704,000, FDA must make some assumptions about the number of establishments for which these fees will be paid in FY 2018. FDA developed data on all animal drug establishments and matched this to the list of all persons who had an animal drug application or supplement pending after September 1, 2003. As of June 2017, FDA estimates that there are a total of 60 establishments owned or operated by persons who had an animal drug application or supplemental animal drug application pending after September 1, 2003. Based on this, FDA believes that 60 establishments will be subject to this fee in FY 2018.

    In estimating the fee revenue to be generated by animal drug establishment fees in FY 2018, FDA is assuming that 11 percent of the establishments invoiced, or seven, will not pay fees in FY 2018 due to fee waivers and reductions. FDA has kept this estimate at 11 percent this year, based on historical data over the past 5 completed years. Based on experience over the past 13 completed years of the ADUFA program, FDA believes that this is a reasonable basis for estimating the number of fee-paying establishments in FY 2018.

    Accordingly, the Agency estimates that a total of 53 establishments (60 minus 7) will be subject to establishment fees in FY 2018.

    B. Establishment Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 53 establishments that pay fees will generate a total of $4,704,000. To generate this amount will require the fee for an animal drug establishment, rounded to the nearest $50, to be $88,750.

    VI. Sponsor Fee Calculations for FY 2018 A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors

    The animal drug sponsor fee (also referred to as the sponsor fee) must be paid annually by each person who: (1) Is named as the applicant in an animal drug application, except for an approved application for which all subject products have been removed from listing under section 510 of the FD&C Act, or has submitted an investigational animal drug submission that has not been terminated or otherwise rendered inactive and (2) had an animal drug application, supplemental animal drug application, or investigational animal drug submission pending at FDA after September 1, 2003 (see 21 U.S.C. 379j-11(6) and 379j-12(a)(4)). An animal drug sponsor is subject to only one such fee each fiscal year (see 21 U.S.C. 379j-12(a)(4)). The sponsor fees are to be set so that they will generate $4,885,000 in fee revenue for FY 2018.

    To set animal drug sponsor fees to realize $4,885,000, FDA must make some assumptions about the number of sponsors who will pay these fees in FY 2018. Based on the number of firms that would have met this definition in each of the past 13 completed years of the ADUFA program, FDA estimates that a total of 198 sponsors will meet this definition in FY 2018.

    A review of our records indicates that 35 percent of these sponsors will qualify for a minor use/minor species fee waiver or reduction (21 U.S.C. 379j-12(d)(1)(D)). Based on the Agency's experience to date with sponsor fees, FDA's current best estimate is that an additional 32 percent will qualify for other waivers or reductions, for a total of 67 percent of the sponsors invoiced, or 133, who will not pay fees in FY 2018 due to fee waivers and reductions. FDA has kept this estimate at 67 percent this year, based on historical data over the past 5 completed years of the ADUFA program. FDA believes that this is a reasonable basis for estimating the number of fee-paying sponsors in FY 2018.

    Accordingly, the Agency estimates that a total of 65 sponsors (198 minus 133) will be subject to and pay sponsor fees in FY 2018.

    B. Sponsor Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 65 sponsors that pay fees will generate a total of $4,885,000. To generate this amount will require the fee for an animal drug sponsor, rounded to the nearest $50, to be $75,150.

    VII. Fee Schedule for FY 2018

    The fee rates for FY 2018 are summarized in Table 6.

    Table 6—FY 2018 Fee Rates Animal drug user fee category Fee rate for FY 2018 Animal Drug Application Fees: Animal Drug Application $238,100 Supplemental Animal Drug Application for Which Safety or Effectiveness Data are Required or Animal Drug Application Subject to the Criteria Set Forth in Section 512(d)(4) of the FD&C Act 119,050 Animal Drug Product Fee 6,175 Animal Drug Establishment Fee1 88,750 Animal Drug Sponsor Fee2 75,150 1 An animal drug establishment is subject to only one such fee each fiscal year. 2 An animal drug sponsor is subject to only one such fee each fiscal year. VIII. Procedures for Paying the FY 2018 Fees A. Application Fees and Payment Instructions

    The appropriate application fee established in the new fee schedule must be paid for an animal drug application or supplement subject to fees under ADUFA III that is submitted on or after October 1, 2017. The payment must be made in U.S. currency by one of the following methods: Wire transfer, electronically, check, bank draft, or U.S. postal money order made payable to the Food and Drug Administration. The preferred payment method is online using electronic check (Automated Clearing House (ACH) also known as eCheck) or credit card (Discover, VISA, MasterCard, American Express). Secure electronic payments can be submitted using the User Fees Payment Portal at https://userfees.fda.gov/pay or the Pay.gov payment option is available to you after you submit a cover sheet. (Note: only full payments are accepted. No partial payments can be made online.) Once you search for and find your invoice, select “Pay Now” to be redirected to Pay.gov. Electronic payment options are based on the balance due. Payment by credit card is available only for balances that are less than $25,000. If the balance exceeds this amount, only the ACH option is available. Payments must be made using U.S. bank accounts as well as U.S. credit cards.

    When paying by check, bank draft, or U.S. postal money order, please write your application's unique Payment Identification Number (PIN), beginning with the letters AD, on the upper right-hand corner of your completed Animal Drug User Fee Cover Sheet. Also write the FDA post office box number (P.O. Box 979033) on the enclosed check, bank draft, or money order. Mail the payment and a copy of the completed Animal Drug User Fee Cover Sheet to: Food and Drug Administration, P.O. Box 979033, St. Louis, MO 63197-9000. When paying by wire transfer, the invoice number needs to be included; without the invoice number, the payment may not be applied. If the payment amount is not applied, the invoice amount would be referred to collections. The originating financial institution may charge a wire transfer fee. If the financial institution charges a wire transfer fee, it is required to add that amount to the payment to ensure that the invoice is paid in full.

    Use the following account information when sending a payment by wire transfer: U.S. Department of Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045, FDA Deposit Account Number: 75060099, U.S. Department of Treasury routing/transit number: 021030004, SWIFT Number: FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver Spring, MD 20993-0002.

    To send a check by a courier such as Federal Express, the courier must deliver the check and printed copy of the cover sheet to: U.S. Bank, Attn: Government Lockbox 979033, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This address is for courier delivery only. If you have any questions concerning courier delivery contact U.S. Bank at 314-418-4013. This telephone number is only for questions about courier delivery.)

    It is important that the fee arrives at the bank at least a day or two before the application arrives at FDA's CVM. FDA records the official application receipt date as the later of the following: The date the application was received by FDA's CVM, or the date U.S. Bank notifies FDA that your payment in the full amount has been received, or when the U.S. Treasury notifies FDA of receipt of an electronic or wire transfer payment. U.S. Bank and the U.S. Treasury are required to notify FDA within 1 working day, using the PIN described previously.

    The tax identification number of FDA is 53-0196965. (Note: In no case should the payment for the fee be submitted to FDA with the application.)

    B. Application Cover Sheet Procedures

    Step One—Create a user account and password. Log on to the ADUFA Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm and, under Tools and Resources, click “The Animal Drug User Fee Cover Sheet” and then select “Create ADUFA User Fee Cover Sheet.” For security reasons, each firm submitting an application will be assigned an organization identification number, and each user will also be required to set up a user account and password the first time you use this site. Online instructions will walk you through this process.

    Step Two—Create an Animal Drug User Cover Sheet, transmit it to FDA, and print a copy. After logging into your account with your user name and password, complete the steps required to create an Animal Drug User Fee Cover Sheet. One cover sheet is needed for each animal drug application or supplement. Once you are satisfied that the data on the cover sheet is accurate and you have finalized the cover sheet, you will be able to transmit it electronically to FDA and you will be able to print a copy of your cover sheet showing your unique PIN.

    Step Three—Send the payment for your application as described in section VIII.A.

    Step Four—Please submit your application and a copy of the completed Animal Drug User Fee Cover Sheet to the following address: Food and Drug Administration, Center for Veterinary Medicine, Document Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD 20855.

    C. Product, Establishment, and Sponsor Fees

    By December 31, 2017, FDA will issue invoices and payment instructions for product, establishment, and sponsor fees for FY 2018 using this fee schedule. Payment will be due by January 31, 2018. FDA will issue invoices in November 2018 for any products, establishments, and sponsors subject to fees for FY 2018 that qualify for fees after the December 2017 billing.

    Dated: July 26, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-16180 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2011-D-0689] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; De Novo Classification Process (Evaluation of Automatic Class III Designation) AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

    DATES:

    Fax written comments on the collection of information by September 1, 2017.

    ADDRESSES:

    To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to [email protected] All comments should be identified with the OMB control number 0910-NEW and title “De Novo Classification Process (Evaluation of Automatic Class III Designation).” Also include the FDA docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    Amber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]

    SUPPLEMENTARY INFORMATION:

    In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.

    De Novo Classification Process (Evaluation of Automatic Class III Designation) OMB Control Number 0910—NEW

    The draft guidance entitled “De Novo Classification Process (Evaluation of Automatic Class III Designation)” provides guidance on the process for the submission and review of a De Novo classification request (hereafter a “De Novo request”) under section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(2)), also known as the De Novo classification process. This process provides a pathway to class I or class II classification for medical devices for which general controls or general and special controls provide a reasonable assurance of safety and effectiveness, but for which there is no legally marketed predicate device.

    The proposed collection of information is necessary to satisfy the previously mentioned statutory requirements for implementing this voluntary submission program.

    In the Federal Register of August 14, 2014 (79 FR 47651), FDA published a 60-day notice requesting public comment on the proposed collection of information. Seven organizations commented on the draft guidance document. None of the comments were related to the information collection.

    Upon further review of the information collection, it has come to our attention that the 60-day notice did not include an estimated hour burden for requests for withdrawal or estimated operating and maintenance costs for eCopy,1 printing, and shipping of De Novo submissions. To correct this oversight, we have included these estimates here.

    1 See the eCopy guidance, “eCopy Program for Medical Device Submissions; Guidance for Industry and Food and Drug Administration Staff,” at https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-meddev-gen/documents/document/ucm313794.pdf.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Activity Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average
  • burden per
  • response
  • Total hours Total operating and
  • maintenance costs
  • De Novo request under section 513(f)(2)(i) of the FD&C Act CDRH 25 1 25 100 2,500 CBER 1 1 1 100 100 De Novo request under section 513(f)(2)(ii) of the FD&C Act CDRH 25 1 25 180 4,500 CBER 1 1 1 180 180 Total De Novo requests 52 7,280 $6,308 Request for withdrawal 5 1 5 10 50 5 Total 7,330 6,313 1 There are no capital costs associated with this collection of information.

    FDA estimates from past experience with the De Novo classification program that the complete process involved with the program under section 513(f)(2)(i) of the FD&C Act takes approximately 100 hours, and the complete process under section 513(f)(2)(ii) of the FD&C Act takes approximately 180 hours. This includes the time for any supplements or amendments to the original submission. We estimate that requests for withdrawal take approximately 10 minutes. The average burdens per response are based upon estimates by FDA administrative and technical staff who are familiar with the requirements for submission of a De Novo request (and related materials), have consulted and advised manufacturers on the submissions, and have reviewed the documentation submitted.

    Respondents to the information collection are medical device manufacturers seeking to market medical device products that have been classified into class III under section 513(f)(2) of the FD&C Act. It is expected that the number of De Novo requests will reach a steady rate of approximately 52 submissions per year. We expect that we will receive approximately five requests for withdrawal per year.

    The operating and maintenance cost for a De Novo submission includes the cost of printing, shipping, and the eCopy. We estimate the cost burden for a De Novo submission to be $121.30 ($90 printing + $30 shipping + $1.30 eCopy). The annual cost estimate for De Novo submissions is $6,308 (rounded) (52 submissions × $121.30). We estimate the cost for a request for withdrawal to be $1 (rounded) ($0.09 printing 1 page + $0.03 shipping + $1.30 eCopy). The annual cost estimate for requests for withdrawal is $5.

    The draft guidance also refers to currently approved information collections found in FDA regulations. The collections of information in 21 CFR part 807, subpart E, are approved under OMB control number 0910-0120.

    Dated July 27, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-16230 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-D-0744] Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled “Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases.” The purpose of the guidance is to assist sponsors in the development of new antibacterial drugs to treat serious bacterial diseases in patients with an unmet medical need, including patients who have a serious bacterial disease for which effective antibacterial drugs are limited or lacking. This guidance finalizes the draft guidance of the same name issued July 2, 2013.

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    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-2013-D-0744 for “Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases.” Received comments 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.

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building., 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Joseph G. Toerner, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6244, Silver Spring, MD 20993-0002, 301-796-1300.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a guidance for industry entitled “Antibacterial Therapies for Patients With an Unmet Medical Need for the Treatment of Serious Bacterial Diseases.” The purpose of this guidance is to assist sponsors in the development of new antibacterial drugs for the treatment of serious bacterial diseases in patients with an unmet medical need, including patients who have a serious bacterial disease for which effective antibacterial drugs are limited or lacking.

    Efforts to develop new antibacterial drugs have diminished in the past few decades. Because bacteria continue to develop resistance to available antibacterial drugs, a situation of unmet medical need has arisen in which patients with serious bacterial diseases have limited or in some cases no alternative antibacterial drugs available for treatment. To foster new antibacterial drug development that will have the potential to keep pace with continued selective pressures of antibacterial resistance, FDA is exploring approaches to help streamline development programs for new antibacterial drugs. This guidance outlines approaches for streamlined development programs that are consistent with FDA's longstanding commitment to regulatory flexibility regarding the evidence required to support drug approval for patient populations with serious disease and limited or no treatment options, while meeting appropriate standards for safety and effectiveness (see, for example, 21 CFR 312, subpart E, Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses).

    This guidance finalizes the draft guidance of the same name issued July 2, 2013 (78 FR 39737). After consideration of comments received in response to the draft guidance, FDA updated the guidance to include clarifications about trial designs for streamlined development programs and statistical approaches. In addition, the guidance outlines development approaches for antibacterial drugs that are pathogen-focused (i.e., drugs that are intended to treat a single species or a few species of bacteria) and, accordingly, fulfills the requirements of section 806(a), Title VIII (entitled “Generating Antibiotic Incentives Now”) of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144).

    FDA notes that section 3042 of the 21st Century Cures Act (Pub. L. 114-255), which establishes a limited population pathway for certain antibacterial and antifungal drugs (LPAD) that are intended to treat a serious or life-threatening infection in a limited population of patients with unmet needs, was enacted shortly before publication of this guidance. Some antibacterial drugs that are candidates for a streamlined development program may also be candidates for LPAD. FDA intends to issue separate guidance regarding LPAD. Sponsors are encouraged to discuss proposed approaches with the Division of Anti-Infective Products.

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. This is not a significant regulatory action subject to Executive Order 12866.

    II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 312 and 314 have been approved under OMB control numbers 0910-0014 and 0910-0001, respectively.

    III. Electronic Access

    Persons with access to the Internet may obtain the document at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or https://www.regulations.gov.

    Dated: July 27, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-16228 Filed 8-1-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the National Advisory Committee on Children and Disasters AGENCY:

    Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that the National Advisory Committee on Children and Disasters (NACCD) will hold a public meeting on September 7, 2017.

    DATES:

    The NACCD meeting is September 7, 2017, from 3:00 p.m. to 4:00 p.m. EST.

    ADDRESSES:

    We encourage members of the public to attend the teleconference. To register, go to https://www.phe.gov/naccd and click on the Contact Us link to open the Contact NACCD form, and then fill out the form with NACCD Registration in the subject line. Submit your comments on the NACCD Contact Form located at https://www.phe.gov/NACCDComments.

    FOR FURTHER INFORMATION CONTACT:

    CDR Evelyn Seel, (202) 205-7960, [email protected]. Visit the NACCD Web site located at https://www.phe.gov/naccd.

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), and section 2811A of the Public Health Service (PHS) Act (42 U.S.C. 300hh-10a), as added by section 103 of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5), the HHS Secretary, in consultation with the Secretary of the U.S. Department of Homeland Security, established the NACCD. The purpose of the NACCD is to provide advice and consultation to the HHS Secretary with respect to the medical and public health needs of children in relation to disasters.

    Background: The NACCD public meeting on September 7, 2017, is dedicated to the deliberation and vote on the Human Services Working Group Report. We will post modifications to the agenda on the NACCD September 7, 2017 meeting Web page, which is located at https://www.phe.gov/naccd.

    Availability of Materials: We will post all meeting materials prior to the meeting on the NACCD September 7, 2017 meeting Web page located at https://www.phe.gov/naccd.

    Procedures for Providing Public Input: Members of the public attend by teleconference via a toll-free call-in phone number, which is available on the NACCD Web site at http://www.phe.gov/naccd.

    We encourage members of the public to provide written comments that are relevant to the NACCD teleconference prior to September 7, 2017. Send written comments by email via the “Contact Us” link on https://www.phe.gov/naccd with “NACCD Public Comment” in the subject line. The NACCD will respond to comments received by close-of-business September 7, 2017, during the meeting.

    Dated: July 13, 2017. George W. Korch Jr., Acting Assistant Secretary for Preparedness and Response.
    [FR Doc. 2017-15853 Filed 8-1-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Solicitation of Nominations for Membership on the Secretary's Advisory Committee on Human Research Protections AGENCY:

    Office of the Assistant Secretary for Health, Office for Human Research Protections, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Office for Human Research Protections (OHRP), a program office in the Office of the Assistant Secretary for Health, Department of Health and Human Services (HHS), is seeking nominations of qualified candidates to be considered for appointment as members of the Secretary's Advisory Committee on Human Research Protections (SACHRP). SACHRP provides advice and recommendations to the Secretary, HHS (Secretary), through the Assistant Secretary for Health, on matters pertaining to the continuance and improvement of functions within the authority of HHS directed toward protections for human subjects in research. SACHRP was established by the Secretary on October 1, 2002. OHRP is seeking nominations of qualified candidates to fill four positions on the Committee membership that will be vacated during the 2018 calendar year.

    DATES:

    Nominations for membership on the Committee must be received no later than September 18, 2017.

    ADDRESSES:

    Nominations should be mailed or delivered to Dr. Jerry Menikoff, Director, Office for Human Research Protections, Department of Health and Human Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Nominations will not be accepted by email or by facsimile.

    FOR FURTHER INFORMATION CONTACT:

    Julia Gorey, Executive Director, SACHRP, Office for Human Research Protections, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852, telephone: 240-453-8141. A copy of the Committee charter and list of the current members can be obtained by contacting Ms. Gorey, accessing the SACHRP Web site at www.hhs.gov/ohrp/sachrp, or requesting via email at [email protected].

    SUPPLEMENTARY INFORMATION:

    The Committee provides advice on matters pertaining to the continuance and improvement of functions within the authority of HHS directed toward protections for human subjects in research. Specifically, the Committee provides advice relating to the responsible conduct of research involving human subjects with particular emphasis on special populations such as neonates and children, prisoners, the decisionally impaired, pregnant women, embryos and fetuses, individuals and populations in international studies, investigator conflicts of interest and populations in which there are individually identifiable samples, data or information.

    In addition, the Committee is responsible for reviewing selected ongoing work and planned activities of the OHRP and other offices/agencies within HHS responsible for human subjects protection. These evaluations may include, but are not limited to, a review of assurance systems, the application of minimal research risk standards, the granting of waivers, education programs sponsored by OHRP, and the ongoing monitoring and oversight of institutional review boards and the institutions that sponsor research.

    Nominations: The OHRP is requesting nominations to fill four positions for voting members of SACHRP. One position will become vacant in January 2018, with three others becoming vacant in October 2018. Nominations of potential candidates for consideration are being sought from a wide array of fields, including, but not limited to: public health and medicine, behavioral and social sciences, health administration, and biomedical ethics. To qualify for consideration of appointment to the Committee, an individual must possess demonstrated experience and expertise in any of the several disciplines and fields pertinent to human subjects protection and/or clinical research.

    The individuals selected for appointment to the Committee can be invited to serve a term of up to four years. Committee members receive a stipend and reimbursement for per diem and any travel expenses incurred for attending Committee meetings and/or conducting other business in the interest of the Committee. Interested applicants may self-nominate.

    Nominations should be typewritten. The following information should be included in the package of material submitted for each individual being nominated for consideration: (1) A letter of nomination that clearly states the name and affiliation of the nominee, the basis for the nomination (i.e., specific attributes which qualify the nominee for service in this capacity), and a statement that the nominee is willing to serve as a member of the Committee; (2) the nominator's name, address, daytime telephone number, and the home and/or work address, telephone number, and email address of the individual being nominated; and (3) a current copy of the nominee's curriculum vitae. Federal employees should not be nominated for consideration of appointment to this Committee.

    The Department makes every effort to ensure that the membership of HHS Federal advisory committees is fairly balanced in terms of points of view represented and the committee's function. Every effort is made to ensure that individuals from a broad representation of geographic areas, women and men, ethnic and minority groups, and the disabled are given consideration for membership on HHS Federal advisory committees. Appointment to this Committee shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, disability, and cultural, religious, or socioeconomic status.

    Individuals who are selected to be considered for appointment will be required to provide detailed information regarding their financial holdings, consultancies, and research grants or contracts. Disclosure of this information is necessary in order to determine if the selected candidate is involved in any activity that may pose a potential conflict with the official duties to be performed as a member of SACHRP.

    Authority:

    42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended. The Committee is governed by the provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees.

    Dated: July 26, 2017. Julia Gorey, Executive Director, Secretary's Advisory Committee on Human Research Protections, Office for Human Research Protections
    [FR Doc. 2017-16156 Filed 8-1-17; 8:45 am] BILLING CODE 4150-36-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of meetings of the National Diabetes and Digestive and Kidney Diseases Advisory Council.

    The meetings will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    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 Diabetes and Digestive and Kidney Diseases Advisory Council.

    Date: September 6, 2017.

    Open: 8:30 a.m. to 12:00 p.m.

    Agenda: To present the Director's Report and other scientific presentations.

    Place: National Institutes of Health, Natcher Building Forty-five, Conference Rooms E1/E2, 45 Center Drive, Bethesda, MD 20892.

    Closed: 3:45 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building Forty-five, Conference Rooms E1/E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd. Room 7323, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected]

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Diabetes, Endocrinology and Metabolic Diseases.

    Date: September 6, 2017.

    Closed: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room E1, 45 Center Drive, Bethesda, MD 20892.

    Open: 2:00 p.m. to 3:30 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room E1, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd. Room 7323, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected]

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Kidney, Urologic and Hematologic Diseases.

    Date: September 6, 2017.

    Open: 1:00 p.m. to 3:00 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room F2, 45 Center Drive, Bethesda, MD 20892.

    Closed: 3:00 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room F2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd. Room 7323, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected]

    Name of Committee: National Diabetes and Digestive and Kidney Diseases Advisory Council; Digestive Diseases and Nutrition.

    Date: September 6, 2017.

    Open: 1:00 p.m. to 2:00 p.m.

    Agenda: To review the Division's scientific and planning activities.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room F1, 45 Center Drive, Bethesda, MD 20892.

    Closed: 2:15 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building Forty-five, Natcher Conference Center, Room F1, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Brent B. Stanfield, Ph.D., Director, Division of Extramural Activities, National Institutes of Diabetes and Digestive and Kidney Diseases, 6707 Democracy Blvd. Room 7323, MSC 5452, Bethesda, MD 20892, (301) 594-8843, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: www.niddk.nih.gov/fund/divisions/DEA/Council/coundesc.htm., where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: July 27, 2017. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-16192 Filed 8-1-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Request for Letters of Interest for NCI-MATCH Laboratories SUMMARY:

    The National Cancer Institute (NCI) in collaboration with the NCI Molecular Analysis for Therapy Choice (MATCH) trial leadership (NCT 02465060) invites applications for Clinical Laboratory Improvements Program (CLIA) certified/accredited laboratories that test tumor specimens from patients utilizing Next Generation Sequencing (NGS) assays to participate in the NCI MATCH trial. The NCI MATCH trial has implemented a new process for identifying patients for arms with rare variant eligibility criteria. Laboratories will contact any of the approximately 1100 sites that have activated NCI MATCH if a specimen sent from one of these sites has a rare variant that would potentially make the patient eligible for one of the treatment arms open in this initiative.

    DATES:

    LOIs should be submitted to the National Cancer Institute (NCI), National Institutes of Health (NIH) on or before 5:00 p.m. EST on January 31, 2018.

    ADDRESSES:

    Submit LOIs by email to [email protected] 9609 Medical Center Drive, 3 West, Room 526, MSC 9728, Rockville, MD 20892.

    FOR FURTHER INFORMATION CONTACT:

    Questions about this request for LOIs should be directed to [email protected] James V. Tricoli [email protected] can also provide further information.

    SUPPLEMENTARY INFORMATION:

    NCI-MATCH aims to establish whether patients with tumor mutations, amplifications or translocations in one of the genetic pathways of interest are likely to derive clinical benefit (primary objective: Objective response; secondary objective: Progression-free survival of at least 6 months) if treated with agents targeting that specific pathway in a single-arm design (see current arms below).

    Patients with histologically documented solid tumors, lymphomas and multiple myeloma whose disease has progressed following at least one line of standard systemic therapy or for whom no standard therapy exists are eligible if they meet the eligibility criteria for the trial. Further information about the NCI-MATCH trial may be found at http://ecog-acrin.org/trials/nci-match-eay131.

    The selected collaborating laboratories may only act (i.e., refer patients) on any of the rare variant arms for which their assay reports actionable mutations of interest (aMOIs). The assay must also report all exclusionary variants for the arm unless these occur at a frequency of >1% in cancer patients.

    CLIA accredited/certified laboratories located in the United States may be considered for addition to the laboratory network.

    Letter of Interest (LOI) and Collaboration Agreement

    Candidate laboratories should submit a letter of interest to [email protected] stating:

    • Statement of interest in the proposed activity • Laboratory name • Lead contact name, address, email address, and telephone number • CLIA certification number • Assay name • Brief description of assay ○ Sensitivity and specificity for SNVs, indels, CNV, fusions ○ Method of analysis ○ Platform and variant calling • Number of assays per month • Number of patients whose assay results would make them potentially eligible for the rare variant arms (below) in the last 6 months • Willingness to contact sites regarding results with a rare variant potentially eligible for NCI MATCH • Willingness to sign a collaboration agreement with NCI and to share data and publication rights • Which arms the laboratory is prepared to address.

    The arms that are included in the rare variant protocol amendment are:

    Rare variant candidate MATCH subprotocol
  • (agent)
  • AKT1 mut EAY131-Y (AZD5363). NF2 loss EAY131-U (Defactinib). MET amplification EAY131-C1 (Crizotinib). BRAF V600 EAY131-H (Dabrafenib + Trametinib). SMO/PTCH1 EAY131-T (Vismodegib). BRAF non V600 EAY131-R (Trametinib). EGFR T790M EAY131-E (AZD9291). ALK translocation EAY131-F (Crizotinib). cKIT mutation EAY131-V (Sunitinib). EGFR mutation EAY131-A (Afatinib). ROS1 translocation EAY131-G (Crizotinib). GNAQ/GNA11 EAY131-S2 (Trametinib). MET exon 14 skipping EAY131-C2 (Crizotinib). NTRK fusions EAY131 Z1E (Loxo101). MTOR mutations EAY131-L (MLN0128). TSC1 or TSC2 mutations EAY131-M (MLN0128). CCND 1,2,3 amplifications EAY131-Z1B (Palbociclib). CDK4 or CDK6 amplification EAY131-Z1C (Palbociclib). DDR2 mutation EAY131-X (Dasatinib).

    Following an acceptable eligibility review to the NCI MATCH screening committee, the laboratory would execute a confidentiality agreement with the NCI and will be provided with a detailed list of eligibility and exclusion variants for arms in which the lab has interest. The lab would then be required to submit an application within 3 months for review by the NCI-MATCH steering committee. Candidate laboratories will be required to meet the following general requirements:

    • Testing must be performed in a CLIA-certified or -accredited laboratory located in the United States.

    • Assays must be on tumor tissue only (including lymphoma and myeloma). Assays using circulating nucleic acids will not be accepted at this time.

    • Laboratory NGS panels must be analytically and clinically validated, with performance characteristics as follows:

    ○ Specificity at least 99% for single nucleotide variants, indels ○ Sensitivity at least 95% for single nucleotide variants, indels ○ Sensitivity of 90% for copy number variants (state fold of copy number variants that can be detected with 90% sensitivity) ○ 99% reproducibility between sequencers (if more than one sequencer is used) and between operators ○ Lower limit of detection for SNV, indels, CNV must be stated.

    Laboratories must supply the following information in their application:

    ○ Lower limit of % tumor accepted, and whether (and which) enrichment procedures are employed ○ Whether the lab archives images of slides from the tumor ○ Whether the lab also runs germline as well as tumor with the assay (a simultaneous germline sequencing is not required by NCI MATCH) ○ A detailed description of assay procedures, including starting material, extraction of nucleic acids, quality assurance, quality metrics, data analysis and filters must be supplied.

    • Laboratory NGS test panels must interrogate actionable mutations of interest (aMOIs) required for enrollment into the Rare Variant Arms (see table above). Applicant laboratories must state the MATCH arms in which they would like to participate.

    Academic laboratories must be located at a center that participates in NCI MATCH.

    • As it is important that the dataset used for analysis in NCI MATCH be as robust as possible, the laboratory NGS test will require qualification, during which the performance of the laboratory will be compared with the NCI-MATCH central laboratory test to ensure good agreement with that assay. Concordance between the results from each lab and results of the NCI MATCH NGS assay run on an archived specimen will be tracked; if concordance falls below 90% for SNVs and indels, or 80% for CNVs, the laboratory must be willing to address these issues with the NCI MATCH team. If they cannot be addressed to the satisfaction of the NCI MATCH team, the laboratory may be eliminated from participation in NCI MATCH.

    • Laboratories shall NOT advertise that they are screening laboratories for MATCH eligibility. Any press release or public disclosure requires clearance by NCI and NCI MATCH.

    • Laboratories must agree to use the existing workflow established by the NCI MATCH trial to identify patients for the Rare Variant Arms. This includes use of the MATCH Rare Variant template to identify aMOIs for submission to MATCHbox.

    ○ Laboratory results of NGS assays done for clinical care will be the subject of this initiative. There is no funding for “screening” a patient for MATCH. ○ Laboratories must notify NCI MATCH sites that the laboratory results would potentially allow the patient to be eligible for NCI MATCH. ○ Laboratories must track how many assays per week detect rare variants that could make a patient eligible for NCI MATCH. ○ If the clinician presents the MATCH study and the patient is eligible and desires to enter the study, the laboratory must agree to fill out a spreadsheet that can be used to put the results into the informatics system that assigns treatment in NCI MATCH (MATCHbox). ○ Laboratories must have a way to answer questions from NCI MATCH sites about their assay and must have a contact person for optimal communication with the NCI MATCH team.

    • Prior to participation, laboratories must enter into a collaboration agreement with NCI. A sample agreement is available upon request. As part of such a collaboration agreement, laboratories must agree to provide the licensing rights described in the CTEP IP Option to the Pharmaceutical Collaborators who provided agents for the NCI MATCH trial (https://ctep.cancer.gov/branches/rab/intellectual_property_optionto_collaborators.htm), as well as agree to the data sharing and publication rights consistent with those agreements.

    • No reimbursement for these activities (testing or notification of sites of NCI MATCH eligibility) exists.

    Qualified laboratories serving underserved populations are encouraged to participate.

    How to apply:

    1. Submit letter of interest (LOI) as described above under “Letter of Interest and Collaboration Agreement” to [email protected]

    2. LOIs will be accepted until January 31, 2018 at 5:00 p.m. Eastern Time. LOIs will be reviewed on a monthly basis, with those arriving by the 15th day of the month being reviewed and answered by the 15th day of the following month.

    3. Notification of acceptance, non-acceptance or questions from Steering Committee will be sent to the designated contact person as soon as the LOI has been reviewed. This notification will include further instructions if a full application is invited.

    4. Applications that have not been submitted within 3 months of notification of acceptance will be de-activated, and a new LOI must then be submitted if the laboratory wishes to participate in NCI MATCH.

    5. DO NOT send a full application until you are invited to do so.

    Review criteria for LOI:

    • Laboratory is a CLIA certified or accredited laboratory within the United States.

    • Academic laboratories must have NCI MATCH open at their site.

    • Laboratory has adequate sensitivity, specificity.

    • Laboratory tests tumor tissue for rare variants as described in NCI MATCH.

    • Laboratory agrees to provide needed information for evaluation of the analytical validity of the test.

    • Laboratory is likely to refer at least 100 patients to NCI MATCH based on detection of rare variants in the past.

    • Laboratory agrees to contact sites regarding NCI MATCH eligibility.

    • Laboratory agrees to a collaboration with NCI as detailed above.

    Review criteria for full application:

    • Laboratory NGS assay interrogates inclusionary and all exclusionary variants for arms in which the laboratory will participate.

    • Laboratory supplies evidence that the assay meets analytical requirements as detailed above.

    • Laboratories are capable of contacting clinical sites, tracking activity, and of referring at least 100 patients to the study based on detection of rare variants in the past.

    • Laboratories agree to execute a collaboration agreement with NCI, as well as to data sharing and sharing publication rights.

    • Laboratories agree to abide by the procedures in place for the MATCH study and to collaborate fully with the MATCH team.

    For more information, contact [email protected]

    Dated: July 20, 2017. James V. Tricoli, Chief, Diagnostic Biomarkers and Technology Development Branch, Cancer Diagnosis Program, Division of Cancer Treatment and Diagnosis, National Cancer Institute.
    [FR Doc. 2017-16203 Filed 8-1-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2); 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 purpose of this meeting is to evaluate requests for preclinical development resources for potential new therapeutics for the treatment of cancer. The outcome of the evaluation will provide information to internal NCI committees that will decide whether NCI should support requests and make available contract resources for development of the potential therapeutic to improve the treatment of various forms of cancer. The research proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the proposed research projects, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel; Jun2017 Cycle 26 NExT SEP Committee Meeting.

    Date: August 31, 2017.

    Time: 8:30 a.m. to 4:30 p.m.

    Agenda: To evaluate the NCI Experimental Therapeutics Program Portfolio.

    Place: National Institutes of Health, 9000 Rockville Pike, Building 31, Wing C, 6th Floor, Conference Room 10, Bethesda, MD 20892.

    Contact Persons: Barbara Mroczkowski, Ph.D., Executive Secretary, Discovery Experimental Therapeutics Program, National Cancer Institute, NIH, 31 Center Drive, Room 3A44, Bethesda, MD 20817 (301) 496-4291, [email protected]

    Toby Hecht, Ph.D., Executive Secretary, Development Experimental Therapeutics Program, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 3W110, Rockville, MD 20850, (240) 276-5683, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: July 27, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-16190 Filed 8-1-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; 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 Heart, Lung, and Blood Institute Special Emphasis Panel; HIV-Related Comorbidities Systems Biology.

    Date: August 25, 2017.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Suite 7180, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Tony L. Creazzo, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7180, Bethesda, MD 20892-7924, 301-827-7913, [email protected]

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Opportunities for Collaborative Research at the NIH Clinical Center.

    Date: August 30, 2017.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: William J. Johnson, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924, 301-827-7938, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: July 27, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-16191 Filed 8-1-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Advisory Committee for Women's Services; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of a meeting of the Substance Abuse and Mental Health Services Administration's (SAMHSA) Advisory Committee for Women's Services (ACWS) on August 10, 2017.

    The meeting will include discussions on the role of SAMHSA's Office of the Chief Medical Officer and emerging issues for women; a follow-up discussion on the Office of Women's Health Report on Women and Opioids; the invisibility of American Indian/American Native women; Legislative updates, including the Cures Act and the Comprehensive Addiction Recovery Act; and a conversation with the Deputy Assistant Secretary for Mental Health and Substance Use.

    The meeting is open to the public and will be held at SAMHSA, 5600 Fishers Lane, Rockville, MD, 20857, in Conference Room 5E45. Attendance by the public will be limited to space available. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions should be forwarded to the contact person (below) by August 2, 2017. Oral presentations from the public will be scheduled at the conclusion of the meeting. Individuals interested in making oral presentations are encouraged to notify the contact person on or before August 2, 2017. Five minutes will be allotted for each presentation.

    The meeting may be accessed via telephone. To attend on site, obtain the call-in number and access code, submit written or brief oral comments, or request special accommodations for persons with disabilities, please register on-line at http://nac.samhsa.gov/Registration/meetingsRegistration.aspx, or communicate with SAMHSA's Designated Federal Officer, Ms. Nadine Benton (see contact information below).

    Substantive meeting information and a roster of Committee members may be obtained either by accessing the SAMHSA Committees' Web https://www.samhsa.gov/about-us/advisory-councils/meetings, or by contacting Ms. Benton.

    Committee Name: Substance Abuse and Mental Health Services Administration Advisory Committee for Women's Services (ACWS).

    Date/Time/Type: Thursday, August 2, 2017, from: 9:00 a.m. to 4:45 p.m. EDT.

    Open:

    Place: SAMHSA, 5600 Fishers Lane, Conference Room 5N76, Rockville, Maryland 20857.

    Contact: Nadine Benton, Designated Federal Official, SAMHSA's Advisory Committee for Women's Services, 5600 Fishers Lane, Rockville, MD 20857, Telephone: (240) 276-0127, Fax: (240) 276-2252, Email: [email protected].

    Brian Makela, Chemist, Substance Abuse and Mental Health Services Administration.
    [FR Doc. 2017-16217 Filed 8-1-17; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2017-0105] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0002 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval for reinstatement, without change, of the following collection of information: 1625-0002, Application for Vessel Inspection, Waiver, and Continuous Synopsis Record without change. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 2, 2017.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2017-0105] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), ATTN: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2017-0105], and must be received by October 2, 2017.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Application for Vessel Inspection, Waiver, and Continuous Synopsis Record.

    OMB Control Number: 1625-0002.

    Summary: The collection of information requires the owner, operator, agent, or master of a vessel to apply in writing to the Coast Guard before the commencement of an inspection for certification, when a waiver is desired from the requirements of navigation and vessel inspection, or to request a Continuous Synopsis Record.

    Need: Title 46 U.S. Code 3306 authorizes the Coast Guard to establish regulations to protect life, property, and the environment. The reporting requirements are part of the Coast Guard's Marine Safety Program.

    Forms: CG-2633, Application for Waiver and Waiver Order; CG-3752, Application for Inspection of U.S. Vessel; CG-3752A, Application for Inspection of U.S. Vessel (New Construction); CG-6039, Application for Continuous Synopsis Record.

    Respondents: Vessel owner, operator, agent, master or interested U.S. Government agency.

    Frequency: On occasion, annually, or on a 5-year cycle.

    Hour Burden Estimate: The estimated burden has decreased from 1,172 hours to 741 hours per year due to a decrease in the estimated annual number of respondents.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended.

    Dated: July 24, 2017. Marilyn L. Scott-Perez, Chief, U.S. Coast Guard, Office of Information Management.
    [FR Doc. 2017-16246 Filed 8-1-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2017-0109] Information Collection Request to Office of Management and Budget; OMB Control Number: 1625-0030 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting an extension of its approval for the following collection of information: 1625-0030, Oil and Hazardous Materials Transfer Procedures without change. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 2, 2017.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2017-0109] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public participation and request for comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise this ICR or decide not to seek an extension of approval for the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2017-0109], and must be received by October 2, 2017.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Information Collection Request

    Title: Oil and Hazardous Materials Transfer Procedures.

    OMB Control Number: 1625-0030.

    Summary: Vessels with a cargo capacity of 250 barrels or more of oil or hazardous materials must develop and maintain transfer procedures. Transfer procedures provide basic safety information for operating transfer systems with the goal of pollution prevention.

    Need: Title 33 U.S.C. 1231 authorizes the Coast Guard to prescribe regulations related to the prevention of pollution. Title 33 CFR part 155 prescribes pollution prevention regulations including those related to transfer procedures.

    Forms: Not applicable.

    Respondents: Operators of certain vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has decreased from 160 hours to 149 hours a year due to a decrease in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: July 18, 2017. Marilyn Scott-Perez, Chief, U.S. Coast Guard, Office of Information Management.
    [FR Doc. 2017-16247 Filed 8-1-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0067] Agency Information Collection Activities: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions AGENCY:

    U.S. Customs and Border Protection (CBP), Department of Homeland Security.

    ACTION:

    60-Day Notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than October 2, 2017) to be assured of consideration.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651-0067 in the subject line and the agency name. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Email. Submit comments to: [email protected]

    (2) Mail. Submit written comments to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional PRA information should be directed to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email [email protected] Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at https://www.cbp.gov/.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (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, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions 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, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.

    Overview of This Information Collection

    Title: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions.

    OMB Number: 1651-0067.

    Current Actions: CBP proposes to extend the expiration date of this information collection with no changes to the burden hours or to the information being collected.

    Type of Review: Extension (without change).

    Abstract: CBP is responsible for determining whether imported articles that are classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 9801.00.10, 9802.00.20, 9802.00.40, 9802.00.50, 9802.00.60 and 9817.00.40 are entitled to duty-free or reduced duty treatment. In order to file under these HTSUS provisions, importers, or their agents, must have the declarations that are provided for in 19 CFR 10.1(a), 10.8(a), 10.9(a) and 10.121 in their possession at the time of entry and submit them to CBP upon request. These declarations enable CBP to ascertain whether the requirements of these HTSUS provisions have been satisfied.

    Affected Public: Businesses.

    Estimated Number of Respondents: 19,445.

    Estimated Number of Responses per Respondent: 3.

    Estimated Number of Total Annual Responses: 58,335.

    Estimated Time per Response: 1 minute.

    Estimated Total Annual Burden Hours: 933.

    Dated: July 28, 2017. Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
    [FR Doc. 2017-16232 Filed 8-1-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0001] Agency Information Collection Activities: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing AGENCY:

    U.S. Customs and Border Protection (CBP), Department of Homeland Security.

    ACTION:

    60-Day notice and request for comments; revision of an existing collection of information.

    SUMMARY:

    The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than October 2, 2017) to be assured of consideration.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651-0001 in the subject line and the agency name. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Email. Submit comments to: [email protected]

    (2) Mail. Submit written comments to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional PRA information should be directed to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email [email protected] Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at https://www.cbp.gov/.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (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, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions 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, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.

    Overview of This Information Collection

    Title: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing.

    OMB Number: 1651-0001.

    Form Numbers: CBP Forms 1302, 1302A, 7509, 7533.

    Abstract: This OMB approval includes the following existing information collections: CBP Form 1302 (or electronic equivalent); CBP Form 1302A (or electronic equivalent); CBP Form 7509 (or electronic equivalent); CBP Form 7533 (or electronic equivalent); Manifest Confidentiality; Vessel Stow Plan (Import); Container Status Messages; and Importer Security Filing, Electronic Ocean Export Manifest; Electronic Air Export Manifest; Electronic Rail Export Manifest; and Vessel Stow Plan (Export). CBP is proposing to add a new information collection for the Air Cargo Advance Screening (ACAS) Pilot Program.

    CBP Form 1302: The master or commander of a vessel arriving in the United States from abroad with cargo on board must file CBP Form 1302, Inward Cargo Declaration, or submit the information on this form using a CBP-approved electronic equivalent. CBP Form 1302 is part of the manifest requirements for vessels entering the United States and was agreed upon by treaty at the United Nations Inter-government Maritime Consultative Organization (IMCO). This form and/or electronic equivalent, is provided for by 19 CFR 4.5, 4.7, 4.7a, 4.8, 4.33, 4.34, 4.38, 4.84, 4.85, 4.86, 4.91, 4.93 and 4.99 and is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%201302_0.pdf.

    CBP Form 1302A: The master or commander of a vessel departing from the United States must file CBP Form 1302A, Cargo Declaration Outward With Commercial Forms, or CBP-approved electronic equivalent, with copies of bills of lading or equivalent commercial documents relating to all cargo encompassed by the manifest. This form and/or electronic equivalent, is provided for by 19 CFR 4.62, 4.63, 4.75, 4.82, and 4.87-4.89 and is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%201302_0.pdf.

    Electronic Ocean Export Manifest: CBP began a pilot in 2015 to electronically collect ocean export manifest information. This information is transmitted to CBP in advance via the Automated Export System (AES) within the Automated Commercial Environment (ACE).

    CBP Form 7509: The aircraft commander or agent must file Form 7509, Air Cargo Manifest, with CBP at the departure airport, or respondents may submit the information on this form using a CBP-approved electronic equivalent. CBP Form 7509 contains information about the cargo onboard the aircraft. This form, and/or electronic equivalent, is provided for by 19 CFR 122.35, 122.48, 122.48a, 122.52, 122.54, 122.73, 122.113, and 122.118, and is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%207509_0.pdf.

    Air Cargo Advanced Screening: CBP began a pilot in 2012 announced via a notice published in Federal Register on October 24, 2012 (77 FR 65006). The ACAS pilot is a voluntary test in which participants agree to submit a subset of the required 19 CFR 122.48a data elements at the earliest point practicable prior to loading of the cargo onto the aircraft destined to or transiting through the United States. The ACAS pilot data is transmitted to CBP via a CBP-approved electronic data interchange system. Currently, the ACAS data consists of:

    (1) Air waybill number (2) Total quantity based on the smallest external packing unit (3) Total weight (4) Cargo description (5) Shipper name and address (6) Consignee name and address

    Electronic Air Export Manifest: CBP began a pilot in 2015 to electronically collect air export manifest information. This information is transmitted to CBP in advance via ACE's AES.

    CBP Form 7533: The master or person in charge of a conveyance files CBP Form 7533, Inward Cargo Manifest for Vessel Under Five Tons, Ferry, Train, Car, Vehicle, etc, which is required for a vehicle or a vessel of less than 5 net tons arriving in the United States from Canada or Mexico, otherwise than by sea, with baggage or merchandise. Respondents may also submit the information on this form using a CBP-approved electronic equivalent. CBP Form 7533, and/or electronic equivalent, is provided for by 19 CFR 123.4, 123.7, 123.61, 123.91, and 123.92, and is accessible at: http://www.cbp.gov/sites/default/files/documents/CBP%20Form%207533_0.pdf.

    Electronic Rail Export Manifest: CBP began a pilot in 2015 to electronically collect the rail export manifest information. This information is transmitted to CBP in advance via ACE's AES.

    Manifest Confidentiality: An importer or consignee (inward) or a shipper (outward) may request confidential treatment of its name and address contained in manifests by following the procedure set forth in 19 CFR 103.31.

    Vessel Stow Plan (Import): For all vessels transporting goods to the United States, except for any vessel exclusively carrying bulk cargo, the incoming carrier is required to electronically submit a vessel stow plan no later than 48 hours after the vessel departs from the last foreign port that includes information about the vessel and cargo. For voyages less than 48 hours in duration, CBP must receive the vessel stow plan prior to arrival at the first port in the U.S. The vessel stow plan is provided for by 19 CFR 4.7c.

    Vessel Stow Plan (Export): CBP began a pilot in 2015 to electronically collect a vessel stow plan for vessels transporting goods from the United States, except for any vessels exclusively carrying bulk cargo. The exporting carrier is required to electronically submit a vessel stow plan in advance.

    Container Status Messages (CSMs): For all containers destined to arrive within the limits of a U.S. port from a foreign port by vessel, the incoming carrier must submit messages regarding the status of events if the carrier creates or collects a container status message (CSM) in its equipment tracking system reporting an event. CSMs must be transmitted to CBP via a CBP-approved electronic data interchange system. These messages transmit information regarding events such as the status of a container (full or empty); booking a container destined to arrive in the United States; loading or unloading a container from a vessel; and a container arriving or departing the United States. CSMs are provided for by 19 CFR 4.7d.

    Importer Security Filing (ISF): For most cargo arriving in the United States by vessel, the importer, or its authorized agent, must submit the data elements listed in 19 CFR 149.3 via a CBP-approved electronic interchange system within prescribed time frames. Transmission of these data elements provide CBP with advance information about the shipment.

    Current Actions: CBP is proposing that this information collection be extended with no change to the burden hours resulting from the proposed revision to the information collection associated with the Air Cargo Advance Screening pilot, as there is no change to the data being collected, only to the timing of the collection. There are no changes to the existing information collections under this OMB approval. The burden hours are listed in the chart below.

    Type of Review: Revision and Extension

    Affected Public: Businesses.

    Collection Total
  • burden hours
  • Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total
  • responses
  • Time per
  • response
  • Air Cargo Manifest (CBP Form 7509)
  • Air Cargo Advance Screening Pilot (ACAS)
  • 366,600 215 6820.46 1,466,400 15 minutes.
    Inward Cargo Manifest for Truck, Rail, Vehicles, Vessels, etc. (CBP Form 7533) 962,940 33,000 291.8 9,629,400 6 minutes. Inward Cargo Declaration (CBP Form 1302) 1,500,000 10,000 300 3,000,000 30 minutes. Cargo Declaration Outward With Commercial Forms (CBP Form 1302A) 10,000 500 400 200,000 3 minutes. Importer Security Filing 17,739,000 240,000 33.75 8,100,000 2.19 hours. Vessel Stow Plan (Import) 31,803 163 109 17,767 1.79 hours. Vessel Stow Plan (Export) 31,803 163 109 17,767 1.79 hours. Container Status Messages 23,996 60 4,285,000 257,100,000 0.0056 minutes. Request for Manifest Confidentiality 1,260 5,040 1 5,040 15 minutes. Electronic Air Export Manifest 121,711 260 5,640 1,466,400 5 minutes. Electronic Ocean Export Manifest 5,000 500 400 200,000 1.5 minutes. Electronic Rail Export Manifest 2,490 50 300 15,000 10 minutes. Total 20,796,603 289,996 281,217,774
    Dated: July 28, 2017. Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
    [FR Doc. 2017-16231 Filed 8-1-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended AGENCY:

    Office of the Secretary, Department of Homeland Security.

    ACTION:

    Notice of determination.

    SUMMARY:

    The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States near the city of San Diego in the state of California.

    DATES:

    This determination takes effect on August 2, 2017.

    SUPPLEMENTARY INFORMATION:

    The principal mission requirements of the Department of Homeland Security (“DHS”) include border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation's national security. Recognizing the critical importance of border security, Congress has ordered DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109-367, 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined “operational control” as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Secure Fence Act of 2006, Public Law 109-367, 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Consistent with that mandate from Congress, the President's Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, § 1. To achieve this end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, to include the immediate construction of physical infrastructure to prevent illegal entry. Executive Order 13767, § 4(a).

    Congress has provided the Secretary of Homeland Security with a number of authorities necessary to carry out DHS's border security mission, including the border security provisions described above. One of these authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). Public Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8 U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law 109-367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In section 102(b) of IIRIRA, Congress has called for the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of IIRIRA, Congress granted to the Secretary of Homeland Security the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of IIRIRA.

    Determination and Waiver Section 1

    The United States Border Patrol's San Diego Sector is one of the busiest Sectors in the Nation. For example, in fiscal year 2016 alone, the United States Border Patrol apprehended over 31,000 illegal aliens and seized approximately 9,167 pounds of marijuana and approximately 1,317 pounds of cocaine in the San Diego Sector. To be sure, the construction of border infrastructure and other operational improvements have improved border security in the San Diego Sector; however, more work needs to be done. The San Diego Sector remains an area of high illegal entry for which there is an immediate need to construct additional border barriers and roads.

    To begin to meet the need for additional border infrastructure within the San Diego Sector, DHS will immediately implement various border infrastructure projects. These projects will focus on an approximately fifteen mile segment of the border within the San Diego Sector that starts at the Pacific Ocean and extends eastward. This approximately fifteen mile segment of the border is referred to herein as the “Project Area” and is more specifically described in Section 2 below.

    All of the projects that DHS will undertake within the Project Area will further Border Patrol's ability to deter and prevent illegal crossings. For example, DHS will replace existing primary fencing in the Project Area. The majority of the existing primary fence in the Project Area was built in the early 1990s using a fence design that is no longer optimal for Border Patrol operations. The new primary barrier will use an operationally effective design that is intended to meet Border Patrol's current requirements. DHS will also build prototype border wall in the Project Area near the eastern terminus of the existing secondary barrier. The construction of border wall prototypes in the Project Area and the robust physical characteristics that are to be incorporated into the border wall prototypes are intended to deter illegal crossings. In addition to deterring illegal crossings in the Project Area, DHS will use the border wall prototypes to evaluate various design features for potential inclusion in a border wall standard that will be developed by the Government and utilized as a part of border wall construction going forward. Importantly, construction of the border wall prototypes in the Project Area also means that DHS can evaluate various design features in the border environment under actual operational conditions. As such, the construction of border wall prototypes will not only deter illegal entry in the Project Area, but evaluation of the border wall prototypes is also critical to and necessary for future border wall design and construction.

    Section 2

    I determine that the following area in the vicinity of the United States border, located in the state of California within the United States Border Patrol's San Diego Sector, which is referred to herein as the Project Area, is an area of high illegal entry: Starting at the Pacific Ocean and extending to approximately one mile east of Border Monument 251.

    There is presently a need to construct physical barriers and roads, including the infrastructure projects described in Section 1, in the vicinity of the border of the United States to deter illegal crossings in the Project Area. In order to ensure the expeditious construction of the barriers and roads in the Project Area, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA as amended.

    Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical barriers (including, but not limited to, accessing the Project Area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, and safety features) in the Project Area, the following statutes, including all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended: The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.)), the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95 (16 U.S.C. 470aa et seq.)), the Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.), the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.), the National Trails System Act (16 U.S.C. 1241 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86-523, as amended, repealed, or replaced by Pub. L. 113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)), the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.), the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201-320303 & 320101-320106), the Wild and Scenic Rivers Act (Pub. L. 90-542 (16 U.S.C. 1281 et seq.)), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92-583 (16 U.S.C. 1451 et seq.)), the Wilderness Act (Pub. L. 88-577 (16 U.S.C. 1131 et seq.)), the Federal Land Policy and Management Act (Pub. L. 94-579 (43 U.S.C. 1701 et seq.)), the National Wildlife Refuge System Administration Act (Pub. L. 89-669 (16 U.S.C. 668dd-668ee)), the National Wildlife Refuge System Improvement Act of 1997 (Pub. L. 105-57), National Fish and Wildlife Act of 1956 (Pub. L. 84-1024 (16 U.S.C. 742a, et seq.)), the Fish and Wildlife Coordination Act (Pub. L. 73-121 (16 U.S.C. 661 et seq.)), the Wild Horse and Burro Act (16 U.S.C. 1331 et seq.), an Act of Oct. 30, 2000, Pub. L. 106-398, 1, 114 Stat. 1654 (enacting into law § 2848 of Part II of Subtitle D of Title XXVIII of Division B of H.R. 5408 (114 Stat. 1654A-426), as introduced on Oct. 6, 2000), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the Otay Mountain Wilderness Act of 1999 (Pub. L. 106-145), sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103-433), the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 U.S.C. 1996), and the Religious Freedom Restoration Act (42 U.S.C. 2000bb).

    This waiver does not repeal the previous waiver published in the Federal Register on September 22, 2005 (70 FR 55622).

    I reserve the authority to make further waivers from time to time as I may determine to be necessary under section 102 of IIRIRA, as amended.

    Dated: July 26, 2017. John F. Kelly, Secretary of Homeland Security.
    [FR Doc. 2017-16260 Filed 8-1-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0044] Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Application for Action on an Approved Application or Petition AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.

    DATES:

    The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until September 1, 2017. This process is conducted in accordance with 5 CFR 1320.10.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be directed to the OMB USCIS Desk Officer via email at [email protected] Comments may also be submitted via fax at (202) 395-5806. (This is not a toll-free number.) All submissions received must include the agency name and the OMB Control Number 1615-0044.

    You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make. For additional information please read the Privacy Act notice that is available via the link in the footer of http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529-2140, Telephone number (202) 272-8377 (This is not a toll-free number; comments are not accepted via telephone message.). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at (800) 375-5283; TTY (800) 767-1833.

    SUPPLEMENTARY INFORMATION: Comments

    The information collection notice was previously published in the Federal Register on April 28, 2017 at 82 FR 19748, allowing for a 60-day public comment period. USCIS did not receive any comment in connection with the 60-day notice.

    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-2007-0012 in the search box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

    (1) Evaluate 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) Evaluate 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) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) 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, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection Request: Extension, Without Change, of a Currently Approved Collection.

    (2) Title of the Form/Collection: Application for Action on an Approved Application or Petition.

    (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I-824; USCIS.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Form I-824 is used to request a duplicate approval notice, or to notify the U.S. Consulate that a petition has been approved or that a person has been adjusted to permanent resident status.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection is 10,888 and the estimated hour burden per response is .42 hours (25 minutes).

    (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 4,572 hours.

    (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $1,333,780.

    Dated: July 28, 2017. Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
    [FR Doc. 2017-16241 Filed 8-1-17; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2017-0034; FF08ESMF00-FXES11140800000-178] Lost Hills Solar Project, Kern County, California; Draft Environmental Assessment and Draft Habitat Conservation Plan AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; request for comment.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, announce the availability of a draft environmental assessment (draft EA) under the National Environmental Policy Act of 1969, as amended. We also announce receipt of an application for an incidental take permit under the Endangered Species Act of 1973, as amended, and receipt of a draft habitat conservation plan (draft HCP). CED Lost Hills Solar, LLC has applied for an incidental take permit under the Endangered Species Act for the Lost Hills Solar Project in Kern County, California. The permit would authorize the take of the federally endangered San Joaquin kit fox incidental to the construction, operation and maintenance, and decommissioning of the solar project. Application for the permit requires the preparation of an HCP with measures to avoid, minimize, and mitigate the impacts of incidental take to the maximum extent practicable. The purpose of the EA is to assess the effects of issuing the permit and implementing the draft HCP on the natural and human environment.

    DATES:

    To ensure consideration, written comments must be received by September 1, 2017.

    ADDRESSES:

    Document Availability: The draft HCP and draft EA are available via the internet at the Federal eRulemaking Portal (www.regulations.gov) in Docket No. FWS-R8-ES-2017-0034. Alternatively, you may obtain electronic copies of the draft HCP and draft EA from the Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. Copies of these documents are also available for public inspection, by appointment, during regular business hours, at the Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, CA 95825; 916-414-6600 (telephone).

    Submitting Comments: To send written comments, please use one of the following methods, and note that your information requests or comments are in reference to the draft HCP. Please specify whether your comment addresses the draft EA, draft HCP, or both.

    Internet: Submit comments at http://www.regulations.gov under Docket No. FWS-R8-ES-2017-0034.

    U.S. Mail or Hand-Delivery: Public Comments Processing, Attn: FWS-R4-ES-2017-0034, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    FOR FURTHER INFORMATION CONTACT:

    Justin Sloan, Senior Wildlife Biologist, San Joaquin Valley Division; or Patricia Cole, Chief, San Joaquin Valley Division, at the Sacramento Fish and Wildlife Office address (see Document Availability in ADDRESSES) or at 916-414-6600 (telephone). If you use a telecommunications device for the deaf, please call the Federal Relay Service at (800) 877-8339.

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft environmental assessment (EA), prepared pursuant to the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its implementing regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6. This notice also announces the receipt of an application from CED Lost Hills Solar, LLC (applicant), for a 45-year incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The applicant prepared the draft Lost Hills Solar Project Habitat Conservation Plan (draft HCP) pursuant to section 10(a)(1)(B) of the Act. The applicant is requesting the authorization of incidental take for one covered species that could result from activities covered under the draft HCP.

    Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal regulations (50 CFR 17) prohibit the taking of fish and wildlife species listed as endangered or threatened under section 4 of the Act. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32. For more about the Federal habitat conservation plan (HCP) program, go to http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.

    National Environmental Policy Act Compliance

    The proposed permit issuance triggers the need for compliance with NEPA. The draft EA was prepared to analyze the impacts of issuing an ITP based on the draft HCP and to inform the public of the proposed action, any alternatives, and associated impacts, and to disclose any irreversible commitments of resources.

    For the purposes of NEPA, the Proposed Action Alternative presented in the Draft EA is compared to the No-Action Alternative. The No-Action Alternative represents estimated future conditions to which the Proposed Action's estimated future conditions can be compared.

    Proposed Action Alternative

    The Service would issue an ITP to the applicants for a period of 45 years for certain covered activities (described below). The applicant has requested an ITP for one covered species (described below), currently listed as endangered under the Act.

    Habitat Conservation Plan Area

    The geographic scope of the draft HCP encompasses 540 acres, including a 477-acre parcel, along with a 500-foot buffer around the northern part of the parcel within which monitoring activities would take place. The project will occupy approximately 160 acres of the habitat conservation plan (HCP) area, with 133 acres disturbed during project construction.

    Covered Activities

    The proposed section 10 ITP would allow take of one covered species resulting from certain covered activities in the proposed HCP area. The applicant is requesting incidental take authorization for this covered species that could be affected by activities identified in the draft HCP. The draft HCP covers construction, operations and maintenance, and decommissioning of the solar site (collectively, covered activities).

    Covered Species

    The San Joaquin kit fox (Vulpes macrotis mutica) is the species addressed in the draft HCP for which conservation actions will be implemented and for which the applicant is seeking an ITP for a period of 45 years. The San Joaquin kit fox is listed as endangered under the Act.

    No-Action Alternative

    Under the No-Action Alternative, the Service would not issue an ITP to the applicant, and the draft HCP would not be implemented. Under this alternative, the applicant would not construct the proposed solar project.

    Public Comments

    We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice, the draft EA, and the draft HCP. We particularly seek comments on the following:

    1. Biological information concerning the species;

    2. Relevant data concerning the species;

    3. Additional information concerning the range, distribution, population size, and population trends of the species;

    4. Current or planned activities in the area and their possible impacts on the species;

    5. The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; and

    6. Any other environmental issues that should be considered with regard to the proposed development and permit action.

    Public Availability of Comments

    Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Next Steps

    Issuance of an incidental take permit is a Federal proposed action subject to compliance with NEPA. We will evaluate the application, associated documents, and any public comments we receive as part of our NEPA compliance process and to determine whether the application meets the requirements of section 10(a) of the Act. If, subsequent to our NEPA compliance process, we determine that those requirements are met, we will issue a permit to the applicant for the incidental take of the covered species.

    Authority

    We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347 et seq.), and its implementing regulations at 40 CFR 1500-1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531-1544 et seq.) and its implementing regulations at 40 CFR 17.22.

    Dated: July 26, 2017. Jennifer Norris, Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, California.
    [FR Doc. 2017-16251 Filed 8-1-17; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2017-N078; FXES11140800000-178-FF08EVEN00] General Conservation Plan for Oil and Gas Activities in Santa Barbara County, California; Notice of Intent To Prepare a Draft Environmental Analysis/Document; Initiation of Public Scoping Process AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of intent; request for comments.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce our intent to prepare a draft environmental analysis/document under the National Environmental Policy Act, as amended (NEPA), for the proposed issuance of an incidental take permit (ITP) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA), for the draft General Conservation Plan for Oil and Gas Activities in Santa Barbara County (GCP). The GCP is being developed to streamline environmental permitting and compliance with the ESA for proponents engaged in geophysical exploration (seismic), development, extraction, storage, transport, remediation, and/or distribution of crude oil, natural gas, and/or other petroleum products, and construction, maintenance, operation, repair, and decommissioning of oil and gas pipelines and well field infrastructure. The GCP is a conservation plan as required under the ESA for issuance of incidental take permits. Participation in the GCP would be voluntary. ITP holders would be authorized for incidental take of threatened and endangered wildlife species that could result from the activities covered under the GCP. The GCP would include conservation measures for an endangered plant species that would also be covered under the plan. We also are announcing the initiation of a public scoping process to engage Federal, tribal, State, and local governments and the public in the identification of issues and concerns, potential impacts, and possible alternatives to the proposed action. The Service is inviting input regarding development of a draft environmental analysis/document, which will evaluate the impacts to the human environment associated with issuance of ITPs and implementation of the GCP and alternatives.

    DATES:

    In order to be included in the analysis, all comments must be received or postmarked on or before September 1, 2017.

    ADDRESSES:

    Please provide comments in writing, by one of the following methods:

    Email: [email protected];

    Facsimile: 805-644-3958, Attn: VFWO GCP; or

    U.S. mail: Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93101. Please specify that your information request or comments concern the VFWO GCP.

    FOR FURTHER INFORMATION CONTACT:

    Rachel Henry, by U.S. mail (see ADDRESSES), or by phone at 805-677-3312. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service at 800-877- 8339.

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service (Service), intend to prepare either a draft environmental analysis/document under the National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.; NEPA), for the proposed General Conservation Plan for Oil and Gas Activities in Santa Barbara County (GCP). The GCP is a conservation plan as required under the Endangered Species Act of 1973, as amended (16 U.S.C. 1539(c); ESA), for issuance of a 10(a)(1)(B) incidental take permit (ITP). Participation in the GCP and making an application for take authorization are voluntary. The proposed ITP would authorize the incidental take of threatened and endangered wildlife species that could result from the activities covered under the GCP, and would include conservation measures for an endangered plant species that also would be covered under the ITP. The GCP is being prepared by the Ventura Fish and Wildlife Office to address prospective activities that may be covered by the GCP. We also are announcing the initiation of a public scoping process to engage Federal, tribal, state, and local governments and the public in the identification of issues and concerns, potential impacts, and possible alternatives to the proposed action. The decision to prepare a draft environmental analysis/document will be, in part, contingent on the complexity of issues identified during, and following, the scoping phase of the NEPA process.

    Background

    Section 9 of the ESA and its implementing regulations prohibit “take” of fish and wildlife species listed as endangered or threatened (16 U.S.C. 1531-1544). Under section 3 of the ESA, the term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term “harm” is further defined by regulation as an act that actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The term “harass” is also further defined in the regulations as an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3).

    Under section 10(a)(1)(B) of the Act, the Secretary of the Interior may authorize the taking of federally listed wildlife species if such taking occurs incidental to otherwise legal activities and where a conservation plan has been developed under section 10(a)(2)(A) that describes: (1) The impact that will likely result from such taking; (2) the steps an applicant will take to minimize and mitigate that take to the maximum extent practicable and the funding that will be available to implement such steps; (3) the alternative actions to such taking that an applicant considered and the reasons why such alternatives are not being utilized; and (4) other measures that the Service may require as being necessary or appropriate for the purposes of the plan. Issuance criteria under section 10(a)(2)(B) for an incidental take permit require the Service to find that: (1) The taking will be incidental to otherwise lawful activities; (2) an applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; (3) an applicant has ensured that adequate funding for the plan will be provided; (4) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the measures, if any, we require as necessary or appropriate for the purposes of the plan will be met. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively.

    Public Scoping

    A primary purpose of the scoping process is to receive suggestions and information on the scope of issues and alternatives to consider when drafting the environmental analysis/document, and to identify significant issues and reasonable alternatives related to the Service's proposed action (issuance of ITPs under the GCP). In order to ensure that we identify a range of issues and alternatives related to the proposed action, we invite comments and suggestions from all interested parties. We will conduct a review of this project according to the requirements of NEPA and its regulations, other relevant Federal laws, regulations, policies, and guidance, and our procedures for compliance with applicable regulations. Once the draft environmental analysis/document and draft GCP are prepared, we will offer further opportunities for public comment on the content of the NEPA document and the GCP through an appropriate public comment period.

    Proposed Action

    The proposed action is issuance of an incidental take permit for the covered species to proponents engaged in geophysical exploration (seismic), development, extraction, storage, transport, remediation, and/or distribution of crude oil, natural gas, and/or other petroleum products, and construction, maintenance, operation, repair, and decommissioning of oil and gas pipelines and well field infrastructure. The proposed GCP, which must meet the requirements in section 10(a)(2)(A) of the Act, would be developed by the Service and implemented by proponents that are issued ITPs under the plan. This will allow for a comprehensive mitigation approach for authorized impacts, which will result in more effective conservation, while at the same time providing a more efficient mechanism for permit processing for the Service and proponents.

    Actions covered under the requested incidental take permit may include possible take of covered species associated with activities including, but not limited to, geophysical exploration (seismic), development, extraction, storage, transport, remediation, and/or distribution of crude oil, natural gas, and/or other petroleum products, and construction, maintenance, operation, repair, and decommissioning of oil and gas pipelines and well field infrastructure. The proposed permits would provide coverage for a period of the specified lifetime of each individual project permitted under the GCP. This proposed plan would not circumvent the need for project compliance with other permit requirements for oil and gas projects or other required approval processes that may include county hearings and local approval. The species covered under the requested incidental take permit are the California tiger salamander (Ambystoma californiense), California red-legged frog (Rana draytonii), and the Lompoc yerba santa (Eriodictyon capitatum).

    Other Alternatives

    We seek information regarding other reasonable alternatives during this scoping period and will evaluate the impacts associated with such alternatives in the draft environmental analysis/document.

    Public Availability of Comments

    Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that the entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the draft environmental analysis/document, will be available for public inspection, by appointment, during normal business hours at the Service's Ventura Fish and Wildlife Office in Ventura, California (see ADDRESSES, above).

    Authority

    We publish this notice in compliance with the NEPA and its implementing regulations (40 CFR 1501.7, 1506.6, and 1508.22), the Department of the Interior's NEPA implementing regulations at 43 CFR 46.235, and section 10(c) of the ESA.

    Dated: July 26, 2017. Stephen P. Henry, Field Supervisor, Pacific Southwest Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2017-16249 Filed 8-1-17; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [178A2100DD/AAKC001030/A0A501010.999900 253G] Indian Gaming; Approval of a Tribal-State Class III Gaming Compact in the State of South Dakota AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Crow Creek Sioux Tribe of the Crow Creek Reservation and the State of South Dakota entered into a compact superseding an existing Tribal-State compact governing Class III gaming; this notice announces approval of the Proposed Gaming Compact Between the Crow Creek Sioux Tribe of the Crow Creek Reservation and the State of South Dakota governing Class III gaming.

    DATES:

    This notice is applicable as of August 2, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, (202) 219-4066.

    SUPPLEMENTARY INFORMATION:

    Section 11 of the Indian Gaming Regulatory Act (IGRA) requires the Secretary of the Interior (Secretary) to publish in the Federal Register notice of approved Tribal-State compacts that are for the purpose of engaging in Class III gaming activities on Indian lands. See Public Law 100-497, 25 U.S.C. 2701 et seq. All Tribal-State Class III compacts, including amendments, are subject to review and approval by the Secretary under 25 CFR 293.4. The Compact increases the number of permissible slot machines from 250 to 500, permits the Tribe to operate Class III gaming at a second location, and increases wager limits. The initial duration of the Compact is 10 years with automatic renewals every 10 years thereafter unless the agreement is terminated by the Tribe and the State. The Compact is approved. See 25 U.S.C. 2710(d)(8)(A).

    Dated: June 26, 2017. Michael S. Black, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2017-16215 Filed 8-1-17; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-23748; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before July 8, 2017, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by August 17, 2017.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 7228, Washington, DC 20240.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before July 8, 2017. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Nominations submitted by State Historic Preservation Officers:

    ALABAMA Perry County Lincoln Normal School, 205 Lincoln St., Marion, SG100001479 IOWA Winneshiek County Decorah Commercial Historic District, (Iowa's Main Street Commercial Architecture MPS), Blks. 500-100 W. Water, 100-200 E. Water, 100 Washington, 100 Winnebago, parts of W. Main, Court & W. Day Spring, Decorah, MP100001482 LOUISIANA St. Tammany Parish Bogue Falaya Park, 213 Park Dr., Covington, SG100001483 NEW YORK Cayuga County West High School, 217 Genesee St., Auburn, SG100001484 Monroe County Potter Historic District, 1-60 Potter Place, 53, 73 & 69 W. Church St., Fairport, SG100001485 Nassau County Kellogg, George Sumner, House, 960 Merrick Rd., Baldwin, SG100001486 New York County Congregation Ohab Zedek, 118-120 & 122-124 W. 95th St., New York, SG100001487 Onondaga County Dunne, Morgan, House, (Architecture of Ward Wellington Ward in Syracuse MPS), 464 Allen St., Syracuse, MP100001488 Saratoga County International Paper Administration Building and Time Office, 17 Pine St., Corinth, SG100001489 Suffolk County Bates, Charles and Anna, House, 126 Center St., Greenport, SG100001490 Second and Ostrander Historic District, Various, Riverhead, SG100001491 Swan River Schoolhouse, 31 Roe Ave., East Patchogue, SG100001492 OHIO Hamilton County Terrace Plaza Hotel, 15 W. 6th St., Cincinatti, SG100001493 VIRGINIA Bath County Wilderness, The, 13954 Deerfield Rd., Deerfield vicinity, SG100001494 Buckingham County Alexander Hill Baptist Church, 1171 Jerusalem Church Rd., Buckingham vicinity, SG100001495 Loudoun County Llangollen, 21515 Trappe Rd., Upperville, SG100001497 Orange County Old Manse, 171 Landon Ln., Orange, SG100001498 WISCONSIN Fond Du Lac County St. Joseph's School, 95 E. 2nd St., Fond du Lac, SG100001500

    An additional documentation has been received for the following resources:

    ARIZONA Pinal County Evergreen Addition Historic District (Additional Documentation), Generally bounded by McMurray Blvd., Gilbert Ave., Florence Blvd., and Casa Grande Ave., Casa Grande, AD08001346 VIRGINIA Danville Independent city Danville Historic District (Additional Documentation), Roughly bounded by Main, Green, and Paxton Sts., and Memorial Hospital, Danville (Independent City), AD73002207 Southampton County Vaughan, Rebecca, House (Additional Documentation), 26315 Heritage Ln., Courtland, AD06000162

    Nominations submitted by Federal Preservation Officers:

    The State Historic Preservation Officer reviewed the following nomination and responded to the Federal Preservation Officer within 45 days of receipt of the nomination and supports listing the property in the National Register of Historic Places.

    DISTRICT OF COLUMBIA District of Columbia U.S. Department of State Building, 2201 C St. NW., Washington, SG100001481 Authority:

    60.13 of 36 CFR part 60.

    Dated: July 13, 2017. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program and Keeper, National Register of Historic Places.
    [FR Doc. 2017-16201 Filed 8-1-17; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-17-034] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    August 10, 2017 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None 2. Minutes 3. Ratification List 4. Vote in Inv. Nos. 731-TA-1378 and 1379 (Preliminary) (Low Melt Polyester Staple Fiber from Korea and Taiwan). The Commission is currently scheduled to complete and file its determinations on August 11, 2017; views of the Commission are currently scheduled to be completed and filed on August 18, 2017. 5. Outstanding action jackets: None

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: July 27, 2017. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2017-16367 Filed 7-31-17; 4:15 pm] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-17-033] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    August 8, 2017 at 9:30 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None 2. Minutes 3. Ratification List 4. Vote in Inv. No. 731-TA-663 (Fourth Review) (Paper Clips from China). The Commission is currently scheduled to complete and file its determination and views of the Commission by August 24, 2017. 5. Outstanding action jackets: None

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: July 27, 2017. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2017-16366 Filed 7-31-17; 4:15 pm] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1034] Certain Flash Memory Devices and Components Thereof; Notice of Commission Determination Not To Review and Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of the Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 22) granting a joint motion to terminate the investigation in its entirety based upon settlement.

    FOR FURTHER INFORMATION CONTACT:

    Panyin A Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted Inv. No. 337-TA-1034 on January 11, 2017, based on a complaint filed by Memory Technologies, LLC of Las Vegas, Nevada (“Memory Tech.”). 82 FR 3359-60 (Jan. 11, 2017). The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain flash memory devices and components thereof that infringe one or more claims of U.S. Patent No. RE45,542; U.S. Patent No. RE45,486; U.S. Patent No. 7,565,469; U.S. Patent No. 9,063,850, and U.S. Patent No. 8,307,180. The notice of investigation named the following respondents: SanDisk LLC of Milpitas, California; Western Digital Corporation of Irvine, California; Western Digital Technologies, Inc. of Milpitas, California; SanDisk Limited of Yokohama, Japan; SanDisk Storage Malaysia Sdn. Bhd. of Perai, Malaysia; and SanDisk SemiConductor (Shanghai) Co., Ltd., of Shanghai, China (collectively “SanDisk”). The Office of Unfair Import Investigations is participating in the investigation.

    On June 22, 2017, Memory Tech. and SanDisk filed a joint motion to terminate the investigation in its entirety based upon settlement. On June 27, 2017, the Commission investigative attorney filed a response in support of the motion.

    On July 13, 2017, the ALJ issued the subject ID, granting the joint motion to terminate the investigation in its entirety based upon settlement. The ALJ found that the joint motion complied with the requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)) and that the parties provided confidential and public copies of the settlement agreement. The ALJ further found that terminating the investigation would not be contrary to the public interest.

    The Commission has determined not to review the ID.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: July 27, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-16216 Filed 8-1-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-17-035] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    August 11, 2017 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None 2. Minutes 3. Ratification List 4. Vote in Inv. No. 731-TA-1380 (Preliminary)(Tapered Roller Bearings from Korea). The Commission is currently scheduled to complete and file its determination on August 14, 2017; views of the Commission are currently scheduled to be completed and filed on August 21, 2017. 5. Outstanding action jackets: None

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission:

    Issued: July 27, 2017. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2017-16368 Filed 7-31-17; 4:15 pm] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooper, Ative Research and Production Act of 1993—Vehicle Safety Communications 5 Consortium

    Notice is hereby given that, on June 29, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Vehicle Safety Communications 5 Consortium (“VSC5 Consortium”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Mercedes-Benz Research & Development North America, Inc., Sunnyvale, CA, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and VSC5 Consortium intends to file additional written notifications disclosing all changes in membership.

    On December 3, 2014, VSC5 Consortium filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 31, 2014 (79 FR 78909).

    Patricia A. Brink, Director of Civil Enforcement,Antitrust Division.
    [FR Doc. 2017-16049 Filed 8-1-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Application: Cambrex High Point, Inc. ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before September 1, 2017. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before September 1, 2017.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. Comments and requests for hearing on applications to import narcotic raw material are not appropriate. 72 FR 3417 (January 25, 2007).

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (“Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.34(a), this is notice that on November 22, 2016, Cambrex High Point, Inc., 4180 Mendenhall Oaks Parkway, High Point, North Carolina 27265 applied to be registered as an importer of poppy straw concentrate (9670), a basic class of controlled substance listed in schedule II.

    The company plans to import the listed controlled substance to bulk manufacture into other controlled substances for sale to its customers.

    Dated: July 24, 2017. Demetra Ashley, Acting Assistant Administrator.
    [FR Doc. 2017-16058 Filed 8-1-17; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF LABOR Employment and Training Administration Job Corps Center Proposed for Closure: Comments Requested AGENCY:

    Office of Job Corps, Employment and Training Administration (ETA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    The Employment and Training Administration (ETA) of the U.S. Department of Labor (the Department or DOL) issues this notice to propose the closure of the Homestead Job Corps Center (Homestead) in Homestead, Florida, based on an evaluation of the center. This notice seeks public comment on the proposal to close Homestead.

    DATES:

    To be ensured consideration, comments must be submitted in writing on or before September 1, 2017.

    ADDRESSES:

    You may submit comments, identified by Docket Number ETA-2016-0003, by only one of the following methods:

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

    Mail and hand delivery/courier: Submit comments to Lenita Jacobs-Simmons, National Director, Office of Job Corps (OJC), U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room N-4459, Washington, DC 20210. Due to security-related concerns, there may be a significant delay in the receipt of submissions by United States Mail. You must take this into consideration when preparing to meet the deadline for submitting comments. The Department will post all comments received on http://www.regulations.gov without making any changes to the comments or redacting any information, including any personal information provided. The http://www.regulations.gov Web site is the Federal e-rulemaking portal and all comments posted there are available and accessible to the public. The Department recommends that commenters not include personal information such as Social Security Numbers, personal addresses, telephone numbers, and email addresses in their comments that they do not wish to be made public, as such submitted information will be available to the public via the http://www.regulations.gov Web site. Comments submitted through http://www.regulations.gov will not include the email address of the commenter unless the commenter chooses to include that information as part of his or her comment. It is the responsibility of the commenter to safeguard personal information.

    Instructions: All submissions received should include the Docket Number for the notice: Docket Number ETA-2016-0003. Please submit your comments by only one method. Again, please note that due to security concerns, postal mail delivery in Washington, DC may be delayed. Therefore, the Department encourages the public to submit comments on http://www.regulations.gov.

    Docket: All comments on the selected Job Corps Center for closure will be available on the http://www.regulations.gov Web site. The Department also will make all of the comments it receives available for public inspection by appointment during normal business hours at the above address. If you need assistance to review the comments, the Department will provide appropriate aids such as readers or print magnifiers. The Department will make copies of this methodology and the selected Job Corps center for closure available, upon request, in large print and electronic file on computer disk. To schedule an appointment to review the comments and/or obtain the notice in an alternative format, contact the Office of Job Corps at (202) 693-3000 (this is not a toll-free number). You may also contact this office at the address listed below.

    FOR FURTHER INFORMATION CONTACT:

    Lenita Jacobs-Simmons, National Director, Office of Job Corps, ETA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-4463, Washington, DC 20210; Telephone (202) 693-3000 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at (877) 889-5627 (TTY/TDD).

    SUPPLEMENTARY INFORMATION: I. Background on the Job Corps Program and Center Closures

    Established in 1964, Job Corps is a national program administered by ETA in the Department. It is the nation's largest federally-funded, primarily residential training program for at-risk youth, ages 16 to 24. Through 125 centers in 50 states, Puerto Rico, and the District of Columbia, Job Corps seeks to change lives through education and job training for in-demand careers. Job Corps serves at-risk young people who are overcoming major challenges, which can include deep poverty, homelessness, or multiple foster care placements, by providing them with the academic, career technical, and employability skills to enter the workforce, enroll in post-secondary education, or enlist in the military. The program represents the core American value that no matter who you are or where you come from, you should have the opportunity to succeed.

    Large and small businesses, nonprofit organizations, and Native American tribes manage and operate 99 of the Job Corps centers through contractual agreements with the Department of Labor, which are awarded pursuant to federal procurement rules. Twenty-six Civilian Conservation Centers (CCCs) are operated through an interagency agreement with the U.S. Department of Agriculture (USDA). Job Corps receives annual funding to operate centers, administer the program, and build, maintain, expand, or upgrade a limited number of new and existing facilities.

    II. Closure Criteria

    The Department is continuously taking steps to ensure that Job Corps' resources are used to deliver the best possible results for students. As part of these ongoing efforts, the Department may determine that closing a center will allow Job Corps to more effectively serve its students. Since 2014, the Department has closed two centers.

    A. The Criteria for Proposing a Center for Closure

    The Workforce Innovation and Opportunity Act (WIOA), which became effective on July 1, 2015, directs DOL to “establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this part is to be closed and how to carry out such closure[.]” 29 U.S.C. 3211(c)(1). The Department has published three criteria upon which it may propose to close a center:

    1. A methodology for selecting a center for closure based on its chronic low performance, first described in an August 2014 Federal Register Notice (FRN) (79 FR 51198), and updated in the March 9, 2016, FRN (81 FR 12529);

    2. An agreement between the Secretaries of Labor and Agriculture to close a CCC, as described in the March 9, 2016, FRN; and

    3. An evaluation of the effort required to provide a high-quality education and training program at the center, as described in the March 9, 2016, FRN.

    Closure may be based on any one of the three criteria, and a single criterion may be applied independently of the others. Thus, while a center may qualify for closure under more than one criterion, DOL may choose to rely on only one criterion when deciding to propose a center for closure. These criteria have been previously established; therefore, the Department does not seek comments on these criteria in response to this Notice.

    Prior to making a decision to propose a center's closure, the Department also applies the Additional Considerations first discussed in the August 2014 notice and described below.

    B. Additional Considerations for Center Closure

    As described in the March 9, 2016, FRN, after applying any of the three closure criterion identified above, the Department will consider the following factors, as appropriate, when deciding whether it should propose a center for closure:

    1. Job Corps Services for Residents in Each State, Puerto Rico, and the District of Columbia

    The Department is committed to providing services in a broad geographic area. When deciding to propose a center for closure, DOL will ensure that it maintains at least one Job Corps center in each state, the Commonwealth of Puerto Rico, and the District of Columbia. The program will also take into consideration whether a center's closure would have a disproportionate impact on the training opportunities for students in any one state. Additionally, Job Corps is committed to ensuring that a state's population, especially eligible young people who could benefit from participating in the program, has adequate exposure to Job Corps' opportunities and services. Accordingly, in applying the criteria, DOL will ensure that it does not too rapidly reduce Job Corps' presence in any one state.

    2. Sufficiency of Data Available To Evaluate Center Performance

    When proposing closure for chronic low performance, the Department will not consider any center for which it does not have sufficient data to evaluate that center's performance. Because this Notice does not propose a closure based on performance, this consideration does not apply to the proposed closures discussed below.

    3. Indication of Significant Recent Performance Improvement

    When applying the performance-based methodology, the Department will consider evidence of recent performance improvement. Therefore, a center will be removed from closure consideration based on performance-based closure criteria if it is performing in the top half of centers in the most recent full year of performance data. Again, because this notice does not propose a closure based on performance, this consideration does not apply to the proposed closures discussed below.

    4. Job Corps' Commitment to Diversity

    Job Corps currently serves a diverse student population and remains committed to serving disadvantaged youth from all backgrounds. In making final closure decisions under any of the three criteria identified in Section A above, we will consider whether a center's closure would result in a significant reduction in student diversity within the overall Job Corps system.

    III. Proposal To Close the Homestead Job Corps Center

    For the reasons discussed below, Job Corps proposes to close the Homestead Job Corps Center under the third criterion—an evaluation of the effort required to provide a high-quality education and training program at the center, as described in the March 9, 2016, FRN.

    Some centers, for a variety of reasons, face more difficult challenges than others in providing a safe, secure environment where participants can receive high-quality education and training. Some challenges develop over time, while others arise more rapidly. Challenges may involve the condition of the facility, its proximity to relevant job markets, the ability of the center to attract students, the impact of one-time events, or a host of other factors. Addressing these challenges may require sustained efforts that involve significant programmatic, staff, capital, organizational, and/or other investments and resources, and sometimes these challenges continue regardless of the contractor or entity operating the center. Even with such a commitment, it may be difficult to achieve positive outcomes for students.

    In such a situation, Job Corps will carefully assess the following:

    1. The ongoing needs of the center against those of the program overall.

    2. The effort required to provide and maintain a high-quality, safe, and productive living and learning environment.

    3. Whether that effort is likely to ultimately produce an outcome that contributes to the program's overall strength and integrity.

    After reviewing all relevant information, the Department may decide to propose a center for closure.

    Following an evaluation of continuing center operations using the framework outlined above, the Department proposes to close the Homestead Job Corps Center. The Homestead Job Corps Center has been inactive since September 2015, after the homicide of a Job Corps student in an area adjacent to campus.

    The tragedy highlighted design problems at the facility which negatively affected the safety and security of the center. Homestead has operated on the grounds of a former Air Force base, with students trained and housed across a 40-acre campus layout with a public street running through the middle, dividing the campus into two separate and distinct parts. A review of Homestead's physical plant and campus layout conducted by Job Corps' Engineering Support Contractor after the suspension of operations concluded that the inefficient layout, as well as the lack of any barrier around the campus periphery, resulted in unsafe center conditions that would have to be addressed before DOL could reactivate the center. The best and most cost effective approach for creating a safe, secure environment at the center for students and staff would be to consolidate the center onto a unified, smaller, 30-acre campus layout with a surrounding fence. However, even these necessary improvements could cost as much as $13 million, a significant portion of the $75 million Job Corps has been appropriated annually for construction and repairs at all 125 Job Corps centers in recent years.

    The Department has concluded that investing so much in remaking Homestead's campus is not the best use of limited resources. More than 25 percent of Job Corps' more than 4,000 buildings are over 50 years old, leading to a repair and construction backlog of more than $470 million. Spending nearly one-fifth of the program's construction budget to alter this site's grounds and facilities and remedy its presently identified deficiencies would significantly impact Job Corps' ability to make needed repairs and improvements at other centers. This is not a prudent use of the Department's resources, particularly given the successful maintenance of opportunities at the other four centers in Florida and the Southeast generally. In order to provide functional, safe, and secure campuses for as many students as possible given the limited resources available, DOL has determined students in Florida and across the country will be better served if Job Corps' construction and repair budget—and the time, personnel, and effort required to administer the use of these funds—is allotted across the entire system to improve the conditions of as many centers and as many students as possible.

    Additionally, the events leading to the suspension of activities at the Homestead campus may for the foreseeable future serve as a significant disincentive for students to attend the center, negatively impacting its operations by reducing the number of students on center and reducing its cost effectiveness. Job Corps is intensely focused on safety and security, and is presently working to demonstrate to potential and enrolled students and their families that Job Corps is a safe and welcoming place. As the criminal case involving the murder continues to move through the criminal justice system, Job Corps operations at Homestead will continue to face intense scrutiny, complicating and hindering the process of recruiting, educating, and training at-risk students at this site.

    Despite the change in the Homestead Center's operating status, Job Corps has maintained the same capacity to serve students from Florida since operations were temporarily suspended. In the wake of the Homestead tragedy, Job Corps transferred 189 students to other centers, primarily in Florida and the Southeast region, as it reassessed the safety and security of the property. The Job Corps program has robust capacity in Florida, a state where there are four other centers, including the Miami Job Corps Center less than 50 miles away from the Homestead campus, which helped absorb transferred students.

    After studying (1) the ongoing needs of the center against those of the program overall, (2) the effort needed to provide and maintain a high-quality, safe, and productive living and learning environment, and (3) whether that effort is likely to ultimately produce an outcome that contributes to the program's overall strength and integrity, the Department concluded that closing the Homestead Job Corps Center is in the best interest of the program.

    After completing this evaluation, the Department then applied the relevant additional considerations outlined in the March 2016 FRN and discussed above in Section II.B and determined that these considerations did not preclude closure of the Homestead Job Corps Center.

    The Department now requests public comments on its proposal to close the Homestead Job Corps Center.

    IV. The Process for Closing Job Corps Centers Under the Workforce Innovation and Opportunity Act (WIOA)

    The Department's process for closing Job Corps centers will follow the requirements of section 159(j) of the WIOA, which include the following:

    • The proposed decision to close a particular center is announced in advance to the general public through publication in the Federal Register or other appropriate means;

    • A reasonable comment period, not to exceed 30 days, is established for interested individuals to submit written comments to the Secretary; and

    • The Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center.

    This Notice serves as the public announcement of the decision to close the Homestead Job Corps Center. The Department is providing a 30-day period—the maximum amount of time allowed for comment under WIOA sec. 159(j)—for interested individuals to submit written comments on the proposed decision to close this center.

    Byron Zuidema, Deputy Assistant Secretary for Employment and Training.
    [FR Doc. 2017-16281 Filed 8-1-17; 8:45 am] BILLING CODE 4510-FT-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2015-0024] Jardon and Howard Technologies, Incorporated; Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, the Occupational Safety and Health Administration (“OSHA” or “the Agency”) announces the application of Jardon and Howard Technologies, Incorporated (“JHT” or “the applicant”) for a permanent variance from several provisions in OSHA's standards that regulate commercial diving operations. Additionally, the applicant requests an interim order based on the conditions specified in the variance application. JHT's variance request is based on the conditions that were specified in the alternate standards that OSHA granted to the National Oceanic and Atmospheric (NOAA) on September 5, 2014. OSHA announces its preliminary finding to grant the permanent variance, and also announces that it is granting the applicant's request for an interim order. OSHA invites the public to submit comments on whether to grant the applicant a permanent variance based on the conditions specified in the notice.

    DATES:

    Submit comments, information, documents in response to this notice, and request for a hearing on or before September 1, 2017. The interim order specified by this notice becomes effective on August 2, 2017, and shall remain in effect until it is modified or revoked, or until OSHA publishes a decision on the permanent variance application, whichever occurs first.

    ADDRESSES:

    Submit comments by any of the following methods:

    1. Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking portal. Follow the instructions online for making electronic submissions.

    2. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648.

    3. Regular or express mail, hand delivery, or messenger (courier) service: Submit comments, requests, and any attachments to the OSHA Docket Office, Docket No. OSHA-2015-0024, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 10:00 a.m.-2:30 p.m.

    4. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2015-0024). OSHA places comments and other materials, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data.

    5. Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions.

    6. Copies of this Federal Register notice: Electronic copies of the Federal Register notice are available at http://www.regulations.gov. This Federal Register notice, as well as new releases and other relevant information, also are available at OSHA's Web page at http://www.osha.gov.

    7. Extension of comment period: Submit requests for an extension of the comment period on or before September 1, 2017 to the Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.

    8. Hearing requests: According to 29 CFR 1905.15, hearing requests must include: (1) A short and plain statement detailing how the variance would affect the requesting party; (2) a specification of any statement or representation in the variance application that the commenter denies, and a concise summary of the evidence adduced in support of each denial; and (3) any views or arguments on any issue of fact or law presented in the variance application.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding this notice is available from the following sources:

    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration phone: (202) 693-2110 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Notice of Application

    On September 25, 2015, Jardon and Howard Technologies, Incorporated, (“JHT” or “the applicant”), submitted an application for a permanent, multi-state variance under Section 6(d) of the Occupational Safety and Health Act of 1970 (“OSH Act”; 29 U.S.C. 655) and 29 CFR 1905.11 (“Variances and other relief under section 6(d)”), from provisions of OSHA's commercial diving operations (CDO) standard that regulate the use of inflatable flotation devices and decompression chambers (Exhibit OSHA-2015-0024-0001, Request for Variance). JHT's application also requested an interim order pending OSHA's decision on the variance application. JHT's corporate offices are located at 2710 Discovery Drive, Suite 600, Orlando, FL 32826, and JHT also identified two field office locations as places of employment involved in its variance application: (1) NOAA/NOS Center for Coastal Fisheries and Habitat Research, 101 Pivers Island Road, Beaufort, North Carolina, 28516; and (2) NOAA CCFHBR Laboratory, 219 Fort Johnson Road, Charleston, South Carolina, 29412. After receiving JHT's variance application, OSHA sent two rounds of follow-up questions to JHT, on October 13, 2015 and June 27, 2016, to which JHT responded on November 16, 2015 and July 27, 2016, respectively (see Exhibits OSHA-2015-0024-0002, OSHA-2015-0024-0004, OSHA-2015-0024-0003, and OSHA-2015-0024-0005).

    Specifically, the applicant seeks a permanent variance and interim order from the provisions of OSHA's CDO standard that require:

    (1) A buoyancy compensator to have an inflation source separate from the breathing gas supply when used for SCUBA diving (29 CFR 1910.430(d)(3));

    (2) use of an inflatable flotation device capable of maintaining the diver at the surface in a face-up position, having a manually activated inflation source independent of the breathing supply, an oral inflation device, and an exhaust valve (29 CFR 1910.430(d)(4));

    (3) the employer to instruct the diver to remain awake and in the vicinity of the decompression chamber which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate) for any dive outside the no-decompression limits, deeper than 100 feet of sea water (fsw), or using mixed gas as a breathing mixture (29 CFR 1910.423(b)(2));

    (4) the employer to make available at the dive location a decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA) (29 CFR 1910.423(c)(1)); 1

    1 The full text of 29 CFR 1910.423(c)(1)(i)-(iii) reads: “A decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA) shall be available at the dive location for: (i) Surface-supplied air diving to depths deeper than 100 fsw and shallower than 220 fsw; (ii) Mixed gas diving shallower than 300 fsw; (iii) Diving outside the no-decompression limits shallower than 300 fsw.”

    (5) the employer to make available within 5 minutes of the dive location a dual-lock, multiplace decompression chamber (29 CFR 1910.423(c)(3)); and

    (6) that self-contained underwater breathing apparatus (SCUBA) diving not be conducted at depths deeper than 100 fsw or outside the no-decompression limits unless a decompression chamber is ready for use (29 CFR 1910.424(b)(2)).

    JHT is a contractor for the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), a federal government agency that conducts and promotes undersea research using a variety of modes, including diving operations. On September 5, 2014, OSHA granted NOAA alternate standards 2 regulating its use of inflatable flotation devices and decompression chambers during NOAA diving operations (Exhibit OSHA-2015-0024-0003, OSHA's Comments and Decisions to NOAA's Request for an Alternate Standard on Diving) (“NOAA Alternate Diving Standards”). To account for the technological advances and design improvements that have been made to buoyancy compensatory devices (BCDs) since OSHA first published its CDO standard in 1977 (see 42 FR 37662 (July 22, 1977)), the NOAA Alternate Diving Standards permit NOAA to use modern BCDs during diving operations that deviate from the configuration requirements in OSHA's CDO standard, but provide equal or greater safeguards to the diver. The NOAA Alternate Diving Standards also provide NOAA with modified requirements regarding the use of decompression chambers, including expanding the depth limit for SCUBA dives within the no-decompression limits 3 (from 100 to 130 feet of sea water (fsw)), and modifying decompression chamber availability requirements for certain no-decompression dives up to 130 fsw in depth.

    2 An alternate standard is the federal agency equivalent to a variance, and federal agency heads may seek and obtain alternate standards from OSHA pursuant to 29 CFR 1960.17.

    3 The definitions provided in Subpart T, 29 CFR 1910.402, define “no-decompression limits” as “the depth-time limits of the `no-decompression limits and repetitive dive group designation table for no-decompression air dives', U.S. Navy Diving Manual, or equivalent limits which the employer can demonstrate to be equally effective.”

    JHT's divers who conduct diving operations for NOAA typically dive from NOAA-operated “uninspected vessels” in U.S. navigable waters; such diving operations fall under OSHA's jurisdiction.4 When conducting dives for NOAA, JHT divers are obliged to follow all of the requirements of the NOAA Diving Program (NDP), which include the NOAA Alternate Diving Standards. JHT therefore seeks the interim order and permanent variance from the provisions of OSHA's CDO standard based on the conditions that apply to NOAA divers under the NOAA Alternate Diving Standards, thus permitting JHT's divers to dive under the same standards as their NOAA-employed colleagues.

    4 For more information on OSHA's enforcement authority over uninspected vessels on U.S. navigable waters, see OSHA Directive Number: CPL-02-01-047, “OSHA Authority over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and the Outer Continental Shelf (OCS)” [Dated: 02/22/2010], available at: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=4254.

    The applicant contends that the proposed variance conditions outlined in its application provide its workers with a place of employment that is at least as safe and healthful as they would obtain under the existing provisions of OSHA's CDO standard. The applicant certifies that it provided affected workers with a copy of the variance application. In addition, the applicant informed its workers and their representatives of their right to petition the Assistant Secretary of Labor for Occupational Safety and Health for a hearing on the variance application. The applicant also certified that it is not contesting any citations involving the standards that are the subject of this application.

    II. NOAA's Alternate Diving Standards and JHT's Variance Application A. Background

    In June 2011, NOAA submitted an application to OSHA proposing a total of 12 alternate standards to 29 CFR 1910, Subpart T, and included with its application extensive introductory, background, and explanatory information in support of the application (see Exhibit OSHA-2015-0024-0006, Proposed Alternate Diving Standards for the National Oceanic and Atmospheric Administration). After fully considering NOAA's application and its responses to OSHA's follow up questions (see Exhibit OSHA-2015-0024-0007, Responses from the NOAA Diving Program to OSHA Regarding Requested Alternate Standards for Commercial Diving Operations), OSHA decided to grant some, but not all, of the alternate standards that NOAA proposed (see Exhibit OSHA-2015-0024-0008). JHT now seeks an interim order and permanent variance based on six of the alternate standards that OSHA granted to NOAA in the NOAA Alternate Diving Standards. Because JHT's application proposes to adopt the same conditions under which OSHA granted the alternate standards to NOAA, JHT's application included as an attachment the introductory, background, and explanatory material that NOAA previously submitted to OSHA with its initial application.

    NOAA explained in its application materials that it conducts dives under two major programs: The NOAA Diving Program (NDP) and the National Undersea Research Program (NURP). The NDP primarily supports intramural (within the agency) research programs conducted by personnel within NOAA's major line offices, while NURP primarily supports extramural (outside the agency) research programs conducted by scientists from various academic and marine institutions. The NDP is responsible for overseeing all NOAA and contractor (including JHT) diving personnel, equipment, and activities, and ensuring that dives performed by NOAA and its contractor divers are completed safely and efficiently. The NDP, the NOAA Diving Control and Safety Board, and the NOAA Diving Medical Review Board all work together to ensure that qualified personnel and certified systems are available to safely meet NOAA's undersea research objectives.

    NOAA's application also explained that it provides a robust training program to NDP divers, including contractor divers. NOAA stated that the primary training program used to prepare NOAA and contractor divers to perform work is NOAA's three-week, 140-hour “Working Diver” course, which trains divers to perform a wide range of skills utilizing a variety of power and hand tools and specialized equipment. All NOAA divers and contractors are also required to: (1) Have annual refresher training in oxygen administration (academic and practical components); (2) stay current in CPR/AED and First Aid training; (3) maintain proficiency in diving by making at least three dives per quarter; (4) complete an annual swim test; (5) have their life support gear serviced annually by a certified technician; (6) complete an annual skills test to demonstrate their ability to safely operate underwater; and (7) complete annual rescue drills to demonstrate their ability to surface, extricate, treat and evacuate the victim of a diving accident.

    NOAA's application further stated that it has developed many advances in diving equipment and procedures that are now widely recognized and accepted as industry best practices. NOAA publishes many of these advances in the “NOAA Diving Manual: Diving for Science and Technology,” which serves as a reference manual for all NDP divers. NOAA also maintains two additional manuals (the “NOAA Scientific Diving Standards and Safety Manual” and the “NOAA Working Diving Standards and Safety Manual”) that provide in-depth operational guidance for all dives, and include the standards, policies, regulations, requirements, and responsibilities for all aspects of NOAA's diving operations.

    Additionally, NOAA stated that OSHA's CDO standard, which was first published in 1977, does not account for many of the advancements that have been made in diving technology and safety. For that reason, NOAA sought alternate standards that would permit the NDP to conduct diving operations using equipment and procedures that reflected modern diving advancements. NOAA also stated that OSHA's regulations are not always consistent with other related federal diving regulations, such as 46 CFR 197, Subpart B, which provides safety and health standards for commercial diving operations conducted from vessels and facilities under the jurisdiction of the U.S. Coast Guard.

    As a NOAA contractor, JHT asserts that its divers are required to strictly follow the requirements of the NDP, which include following the conditions of the NOAA Alternate Diving Standards. But, even though NOAA-employed and JHT-employed divers work side-by-side during NDP operations, contractor divers (such as those employed by JHT) are not authorized to dive under the NOAA Alternate Diving Standards. JHT states that its divers undergo exactly the same training as NOAA employees who are also part of the NDP, and that there are no differences between NOAA and JHT divers regarding medical clearance procedures and standards, training materials, equipment used, equipment maintenance, and diving procedures used (see Ex. OSHA-2015-0024-0003, p. 1). JHT stated that the majority of the dives that JHT performs under the NDP are “scientific dives” that are exempted from OSHA's CDO standard,5 but JHT divers also assist NOAA employees with diving operations that are not exempt under OSHA's CDO standard. Accordingly, when JHT conducts dives for NOAA under the NDP that would be subject to OSHA's CDO standard, JHT seeks permission from OSHA to dive under the same standards regulating the use of inflatable flotation devices and decompression changes that apply to NOAA-employed NDP divers, pursuant to the NOAA Alternate Diving Standards.

    5 Section 1910.401(a)(2)(iv) of the CDO standard provides the exemption for scientific diving from the CDO standard's coverage, and Appendix B to the CDO standard provides guidelines for identifying the scientific diving programs that are exempt.

    B. Requested Variance From Paragraphs (d)(3) and (d)(4) of 29 CFR 1910.430, Requirements for Inflatable Flotation Devices

    OSHA's standards regulating the buoyancy control of inflatable flotation devices include requirements that: (1) When used for SCUBA diving, a buoyancy compensator shall have an inflation source separate from the breathing gas supply (29 CFR 1910.430(d)(3)); and (2) an inflatable flotation device capable of maintaining the diver at the surface in a face-up position, having a manually activated inflation source independent of the breathing supply, an oral inflation device, and an exhaust valve shall be used for SCUBA diving (29 CFR 1910.430(d)(4)).

    Following the terms of the NOAA Alternate Diving Standards, JHT's variance application seeks permission to use modern buoyancy compensator devices (BCDs) that deviate from the requirements in 1910.430(d)(3) and (d)(4) that such devices have an inflation source that is “separate from” or “independent of” the diver's breathing gas. NOAA's application for the alternate standards explained that the overwhelming majority of commercial-off-the-shelf (COTS) BCDs are designed to use the diver's breathing gas for inflation, making it difficult to comply with OSHA's requirement for a BCD to have an independent inflation source. According to NOAA, older systems that utilize separate, non-breathing gas inflation sources—particularly, carbon-dioxide cartridges—pose potential safety problems for the diver, including potential cartridge failure, and accidental activation, leading to an unexpected and potentially dangerous over-inflation of the BCD, which could cause a rapid and uncontrolled ascent of the diver to the surface. NOAA's application stated that industry recognition of these inherent safety problems prompted manufacturers to discontinue production of systems relying on such inflation sources. NOAA also explained that using a diver's emergency air supply to inflate the BCD is potentially problematic, as connecting the BCD to an auxiliary cylinder would impede a diver who is “ditching” components of a SCUBA unit during an emergency, and would also create additional points of potential equipment failure and entanglement. JHT echoed NOAA's concerns regarding the use of BCDs that are inflated by a source other than the diver's breathing gas (see Ex. OSHA-2015-0024-0003, p. 9).

    The training that NOAA provides to its divers and contractors, including JHT, mitigates the risk of using breathing gas to inflate BCDs. NDP divers are trained to continually monitor their gas supplies and return to the surface with no less than 500 psi in their SCUBA cylinders, and NOAA stated that this practice, which has been used for more than 30 years, has proven to be an effective method for managing a diver's breathing gas. NDP divers are also trained in techniques to manually inflate their BCDs, both underwater and at the surface, to control their buoyancy. NOAA also explained that the amount of gas needed to inflate a BCD is minimal compared to the amount of breathing gas that is available in a standard SCUBA cylinder, and that most BCDs can be fully inflated with a volume of gas equivalent to that consumed in three or fewer breaths, and therefore asserted that taking such small amounts of gas from the SCUBA cylinder would have minimal effect on the duration of a dive.

    Under the alternate conditions that OSHA granted NOAA in the NOAA Alternate Diving Standards, which JHT adopts as the proposed conditions for the variance, NDP divers may use BCDs that are inflated by the breathing gas supply so long as all divers carry an independent reserve cylinder of breathing gas with a separate regulator, which allows divers to orally inflate their BCDs using gas from their reserve gas supplies even if their primary breathing gas supply is depleted. When granting the NOAA Alternate Diving Standards, OSHA explained that this requirement is consistent with 29 CFR 1910.424(c)(4), which requires SCUBA divers to carry a reserve breathing-gas supply. As OSHA stated in the preamble to the CDO standard final rule (42 FR 37650, 37633), “[a reserve] supply is essential to the safety of the SCUBA diver,” and employers must take precautions to “assure that the air reserve will not be depleted inadvertently during the dive.” OSHA ultimately concluded that NOAA's proposed alternate standard provides equivalent safety protection to divers as 1910.430(d)(3) so long as the diver carries a reserve breathing gas supply, does not connect the reserve breathing gas to the BCD's inflation source, and uses the BCD in accordance with the manufacturer's instructions.

    Further, OSHA noted in the NOAA Alternate Diving Standards that 1910.430(d)(4)'s requirement that SCUBA divers use a BCD with a manually activated inflation source (e.g., via a carbon-dioxide cartridge) in addition to an oral inflation device is intended to allow the diver to quickly inflate the BCD in an emergency, but technological improvements in manual BCD power inflators now allow for rapid inflation of BCDs with breathing gas, but with less safety risk (e.g., over-inflation) than using carbon-dioxide cartridges. Using these manual BCD power inflators to inflate a BCD with breathing gas therefore provides protection to a diver that is equivalent to the standard, and obviates the need for 1910.430(d)(4)'s requirement that the BCD's inflation source be independent of the breathing supply. In addition, OSHA stated that NOAA's policy that, except when line-tended, divers never dive alone and always have topside support, expedites the rescue of divers who must make emergency ascents to the surface, thereby reducing their risk of drowning should an inflatable flotation device malfunction.

    Additionally, JHT's proposed variance conditions would follow the NOAA Alternate Diving Standards by replacing 1910.430(d)(4)'s requirement that BCDs used for SCUBA dives be capable of maintaining the diver at the surface in a “face-up position” with a requirement that the BCD be capable of maintaining the diver at the surface in a “positively buoyant state.” NOAA's application materials explained that the majority of COTS BCDs available today are not designed to maintain unconscious divers in a face-up position on the surface, as systems capable of meeting that requirement have inherent safety-related problems that lead most manufacturers to abandon them in favor of more modern systems.

    Specifically, NOAA asserted that the only BCD able to maintain a diver in a face-up position at the surface was the “horse-collar” style BCD, which has been widely replaced by jacket-style BCDs (also known as stabilizing, or stab, jackets) or back-mounted systems, both of which have greater operational and safety features compared to the older style. NOAA explained that newer BCDs have more lift, fewer straps (reducing entanglement hazards, particularly when ditching the BCD in an emergency, or when used in conjunction with a weight harness), require fewer steps to don, will not choke divers when fully inflated on the surface, and most significantly, do not impede operation of chest-mounted drysuit inflation valves. Additionally, NOAA explained that the inability of stab-jacket or back-mounted BCDs to maintain a diver in a face-up position is off-set by NOAA's requirement that divers always dive in buddy pairs (or be line-tended), and receive training in the proper technique for inflating their buddy's BCD while keeping their buddy's head face-up during rescues. Accordingly, NOAA stated that the chance of a stricken diver drowning while wearing a BCD that does not provide for face-up flotation is very remote. JHT added that horse-collar BCDs were not originally designed for emergency buoyancy ascents, and many are thus not equipped with the over-pressure relief valves that are essential for safe emergency ascents.

    When granting the NOAA Alternate Diving Standards, OSHA noted that the preamble to the CDO final rule explained that “[t]he provision for an inflatable flotation device for SCUBA diving [was] given design specifications because an improperly designed device can be a greater safety hazard than aid” (42 FR 37650, 37666). BCDs were not commercially available when the CDO standard was published, and OSHA therefore articulated minimum design standards for inflatable flotation devices in the final rule. OSHA agreed in the NOAA Alternate Diving Standards that the flotation design of contemporary BCDs is superior to the equipment that was in use when OSHA published the CDO standard in 1977, and explained that modern BCDs are equipped to maintain a diver at the surface in a positively buoyant state, even if they do not “prop up” the diver's head. OSHA thus granted NOAA's proposed alternative standard on the condition that NOAA continues its policy of requiring that SCUBA divers not dive alone unless they are line-tended, and providing topside support to those divers.

    OSHA determined that those conditions would provide NOAA's divers with protection equivalent to the CDO standard, and JHT's proposed variance includes the very same conditions under which OSHA approved the NOAA's Alternate Diving Standards for NOAA-employed NDP divers. As stated above, there are no differences in the training requirements, medical clearance procedures and standards, equipment use and maintenance requirements, or diving procedures that apply to NOAA-employed and JHT-employed divers who conduct diving operations for the NDP. Additionally, OSHA believes that diver safety is best promoted where diving safety rules are clear and consistently applicable to all divers at a worksite. Accordingly, OSHA accepts JHT's proposal to adopt the conditions from the NOAA Alternate Diving Standards as the basis for its requested variance from the inflatable flotation device requirements in 1910.430(d)(3) and (d)(4), and has preliminarily decided to grant the interim order and permanent variance to JHT on those same conditions.

    C. Requested Variance From Paragraphs (b)(2), (c)(1), (c)(3) of 29 CFR 1910.423, and (b)(2) of 29 CFR 1910.424, Requirements for Decompression Chambers.6

    6 A decompression chamber is “a pressure vessel for human occupancy such as a surface decompression chamber, closed bell, or deep diving system used to decompress divers and to treat decompression sickness” (29 CFR 1910.402).

    OSHA's standards regulating the availability and use of decompression chambers require that: (1) For any dive outside the no-decompression limits, deeper than 100 fsw, or using mixed gas as a breathing mixture, the employer shall instruct the diver to remain awake and in the vicinity of the decompression chamber which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate) (1910.423(b)(2)); (2) for mixed gas diving shallower than 300 fsw, or diving outside the no-decompression limits shallower than 300 fsw, a decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA) shall be available at the dive location, and must be dual-lock, multiplace, and accessible within 5 minutes of the dive location (1910.423(c)(1) and (c)(3)(i)-(iii)); and (3) SCUBA dives shall not be conducted at depths deeper than 100 fsw or outside the no-decompression limits unless a decompression chamber is ready for use (1910.424(b)(2)).

    Adopting the conditions of the NOAA Alternate Diving Standards, JHT's application proposes conditions that would allow it deviate from these decompression chamber availability and capability requirements in OSHA's CDO standard. As OSHA explained when it granted the NOAA Alternate Diving Standards, the purpose of having a decompression chamber available and ready for use at a dive site is to treat decompression sickness (DCS) and arterial gas embolism (AGE). DCS may occur from breathing air or mixed gases at diving depths and durations that require decompression, while AGE may result from over-pressurizing the lungs, usually following a rapid ascent to the surface during a dive without proper exhalation. In the event that DCS or AGE develops, a decompression chamber, oxygen or treatment gas mixtures, and treatment tables and instructions must be readily available to treat these conditions effectively. Decompression chambers provide the most effective therapy—recompression—for DCS and AGE.

    First, JHT's proposed variance would adopt the conditions of the NOAA Alternate Diving Standards that permit NOAA to deviate from the requirement of 1910.423(b)(2) that the employer instruct all divers who dive deeper than 100 fsw remain awake and in the vicinity of a decompression chamber for one hour after the dive, and the requirement of 1910.424(b)(2) that SCUBA diving not be conducted at depths deeper than 100 fsw or outside the no-decompression limits unless a decompression chamber is “ready for use.” In other words, Sections 1910.423(b)(2) and 1910.424(b)(2) require that any diver who conducts a dive deeper than 100 fsw or outside the no-decompression limits to remain alert and near a decompression chamber for at least one hour to ensure immediate treatment should DCS or AGE develop. Addressing the 100 fsw limit in the preamble to the CDO rule, OSHA stated:

    By adding a depth limit to the decompression chamber requirement, the standard sets a specified depth at which all diving operations will require a chamber, eliminating the safety hazard inherent in operations which are planned below that depth . . . . OSHA believes that this provision will result in recompression capability being available for the great majority of diving situations where the probability of its being needed is greatest.

    42 FR at 37662.

    In its application, NOAA sought permission to conduct SCUBA dives within the no-decompression limit up to 130 fsw (rather than 100 fsw) without triggering the decompression chamber requirements in 1910.423(b)(2) and 1910.424(b)(2). In support, NOAA cited statistics published by the U.S. Navy (USN) indicating that no-decompression dives to 130 fsw actually pose a lower risk of DCS to divers than no-decompression dives to 100 fsw, and also cited the extremely low DCS incident rate that NOAA has observed in no-decompression SCUBA dives that it has conducted between 101 and 130 fsw since 2000.

    When granting NOAA alternate standards to 1910.423(b)(2) and 1910.424(b)(2), OSHA explained that the CDO standard sets the 100 fsw limit based on the increased risk of developing DCS and AGE on dives deeper than 100 fsw. However, OSHA explained that the Agency amended the CDO standard in 2004 to permit employers of recreational diving instructors and diving guides to comply with an alternative set of decompression chamber requirements (see 69 FR 7351 (February 17, 2004)).7 Under the conditions articulated in Appendix C to Subpart T, eligible employers are not required to provide a decompression chamber at the dive site when engaged in SCUBA diving to 130 fsw while breathing a nitrox gas mixture within the no-decompression limits.

    7 Appendix C incorporated into the CDO standard essentially the same terms as those used in a variance that OSHA granted to Dixie Divers, Inc., a diving school that employed several recreational diving instructors, in 1999 (see 64 FR 71242, December 20, 1999).

    OSHA explained in the NOAA Alternate Diving Standards that it created this exemption for recreational diving instructors and diving guides because the Agency determined that the elevated levels of oxygen in nitrox breathing-gas mixtures reduced the incidence of DCS compared to breathing air at the same depths, and therefore found that the risk of DCS was minimal. This determination justified OSHA's use in Appendix C of the equivalent-air-depth (EAD) formula from NOAA's 2001 Diving Manual to calculate the no-decompression limits that should apply to a dive depending on the nitrogen partial pressures in the gas. As explained in the preamble to the Appendix C final rule (69 Fed Reg. 7351, 7356), the EAD formula assumes that equivalent nitrogen partial pressures and dive durations will result in similar DCS risk to dives performed with air, and OSHA concluded that the “EAD formula can accurately estimate the DCS risk associated with nitrox breathing-gas mixtures based on equivalent nitrogen partial pressures and dive durations used in air diving.”

    After considering the statistics and information regarding NDP operations that NOAA submitted, OSHA concluded that NOAA's proposed alternate standards would provide equivalent protection to the CDO standard when NDP divers use air or nitrox breathing-gas mixtures with SCUBA, so long as NOAA complies with the no-decompression provisions of Appendix C of 29 CFR 1910, Subpart T (i.e., Condition 5, “Use of No-Decompression Limits”).8 Also, when using nitrox breathing-gas mixtures with SCUBA at depths up to 130 fsw, NOAA must ensure that the partial pressure of oxygen does not exceed 1.40 ATA or 40 percent by volume (whichever exposes the diver to less oxygen),9 in keeping with the requirements of Appendix C. JHT's proposed variance would adopt these same conditions under which OSHA granted the alternate standards to 1910.423(b)(2) and 1910.424(b)(2) to NOAA for NDP dives in which JHT divers participate. OSHA believes that in order to maximize diving safety, it is imperative that, when diving for the NDP, the diving practices of JHT-employed divers be identical to those of NOAA-employed divers.

    8 Condition 5 of Appendix C requires:

    (a) For diving conducted while using nitrox breathing-gas mixtures, the employer must ensure that each diver remains within the no-decompression limits specified for single and repetitive air diving and published in the 2001 NOAA Diving Manual or the report entitled “Development and Validation of No-Stop Decompression Procedures for Recreational Diving: The DSAT Recreational Dive Planner,” published in 1994 by Hamilton Research Ltd. (known commonly as the “1994 DSAT No-Decompression Tables”).

    (b) An employer may permit a diver to use a dive-decompression computer designed to regulate decompression when the dive-decompression computer uses the no-decompression limits specified in paragraph 5(a) of this appendix, and provides output that reliably represents those limits.

    9 As OSHA explained in the NOAA Alternate Diving Standards, a key purpose of OSHA's diving standards is to prevent oxygen toxicity (hypoxia), and the maximum acceptable partial pressure of oxygen when SCUBA diving is 1.40 ATA or 40 percent by volume, whichever exposes the diver to less oxygen. ATA, as used here, is the partial pressure of a constituent gas in the total pressure of a breathing gas.

    Additionally, JHT's application would adopt the conditions of the NOAA Alternate Diving Standards that permit NOAA to deviate from the decompression chamber availability and capability requirements in 1910.423(c)(1) (that employers have a 6 ATA chamber at the dive location) and 1910.423(c)(3) (that the chamber be dual-lock, multiplace, and located within five minutes of the dive location). In its original application to the Agency, NOAA proposed alternate standards that would have permitted it to use a 2.8 ATA, mono-lock chamber available within two (2) hours of the dive location for all working dives conducted deeper than 130 fsw or outside the no-decompression limits. NOAA explained that complying with 1910.423(c)(1) and (c)(3) requires employers to use a large enough boat to carry and transport a large and powerful decompression chamber to the dive site, but most NDP dives are conducted from small boats, which are launched from larger ships or land-based facilities. Accordingly, NOAA sought permission to use light-weight, portable decompression systems, which it referred to as “hyperlite chambers,” to transport injured divers from dive sites to larger chambers located elsewhere. Additionally, NOAA sought to make the hyperlite chamber available within two hours, rather than within five minutes, of the dive location for dives conducted deeper than 130 fsw or outside the no-decompression limits.

    OSHA did not grant NOAA the alternate standards based on these proposed conditions, but rather granted revised alternate standards in order to ensure that NOAA divers would receive equivalent protection to the CDO standard. Regarding the chamber capability requirements, OSHA found that mono-lock chambers provide limited hyperbaric treatment options (for example, administration of oxygen) to a diver, and explained that the preamble to the original CDO final rule discusses and justifies Subpart T's capability requirements for decompression chambers, including the requirements that the chamber have 6 ATA capability and be dual-lock (i.e., have two compartments) and multiplace (i.e., have a main lock large enough to accommodate and decompress two individuals) (see 42 FR 37650, 37661-63). Accordingly, OSHA stated that mono-lock chambers may be an option for transporting divers to bigger chambers, but it does not provide divers with protection that is equivalent to the CDO standard's requirements, and OSHA therefore did not approve NOAA's proposed chamber-capability alternative.

    Regarding the proposed chamber-availability alternative, OSHA noted that the preamble to the CDO final rule explained that having the decompression chamber near the dive site was originally considered necessary “because the surface decompression tables are commonly designed to be used with equipment that meets this criterion” (42 FR 37650, 37662). However, OSHA reexamined 1910.423(c)(3)'s five-minute availability requirement when it developed Appendix C to Subpart T. In Appendix C, OSHA found that, for no-decompression dives at 130 fsw or less, a four-hour travel delay to a 6-ATA decompression chamber is acceptable when the employer meets specified conditions, including: verifying before starting diving operations the availability of a treatment facility, qualified healthcare professionals, and a rescue service; ensuring that suitable transportation to the decompression chamber is available at the dive site during diving operations; ensuring at least two attendants qualified in first-aid and administering oxygen treatment are available for treatment during diving operations; and that these attendants administer medical-grade oxygen to the injured diver during transportation to the treatment facility. OSHA came to this conclusion because, as explained in the preamble to the Appendix C final rule, “a four-hour delay is unlikely to impair treatment outcomes for [DCS], and that [AGE] is rare among recreational divers and can be prevented with proper training and experience” (69 FR 7351, 7359-60).

    After considering the information that NOAA submitted regarding the NDP's diving operations, OSHA determined that, for no-decompression dives using air or nitrox that are 130 fsw or less, a four-hour travel delay to a 6 ATA chamber provides NDP divers with protection equivalent to the CDO standard, so long as NOAA meets the medical-treatment provisions of Appendix C to the CDO rule (i.e., Condition 8, “Treating Diving-Related Medical Emergencies”). OSHA thus granted the NOAA Alternate Diving Standards under these conditions, and JHT now seeks to conduct NDP dives according to the same conditions.

    Based on its technical review of the JHT's application, the NOAA Alternate Diving Standards, and related supporting material, OSHA preliminarily finds that the proposed conditions would also provide JHT divers with protection equivalent to the CDO standard; there are no differences in the training requirements, medical clearance procedures and standards, equipment use and maintenance requirements, or diving procedures that apply to NOAA-employed and JHT-employed divers who dive under the NDP, and diver safety is best promoted where diving safety rules are clear and consistently applicable to all divers at a worksite. In fact, OSHA believes that in order to maximize diving safety, it is imperative that, when diving for the NDP, the diving practices of JHT-employed divers be identical to those of NOAA-employed divers. Accordingly, OSHA has preliminarily decided to grant the interim order and permanent variance to JHT on those same conditions.

    D. Multi-State Variance

    As previously stated in this notice, JHT seeks a permanent variance from several provisions of OSHA's CDO standard in order to carry out NDP diving projects conducted from NOAA vessels in accordance with the conditions of the NOAA Alternate Diving Standards. JHT's land-based operations, which are responsible for managing and administering these diving projects, are located at: (1) NOAA CCEHBR Laboratory, 219 Fort Johnson Road, Charleston, South Carolina, 29412; and (2) NOAA/NOS Center for Coastal Fisheries and Habitat Research, 101 Pivers Island Road, Beaufort, North Carolina, 28516. JHT conducts diving operations with NOAA with essentially no geographical limitations, and have conducted diving operations in various navigable waters within OSHA's geographical authority, including the navigable waters of the Virginia, North Carolina, South Carolina, Georgia and Florida, the Florida Keys, the Gulf of Mexico, the Caribbean (e.g., U.S. Virgin Islands and Puerto Rico) and the Pacific (e.g., Hawaii, Guam, Palau, Marianas and American Samoa).

    Twenty-eight state safety and health plans have been approved by OSHA under section 18 of the OSH Act.10 The scope and application section of the CDO standard, 29 CFR 1910.401, explains that OSHA has jurisdiction over commercial diving operations when the dive location is within OSHA's geographical authority, and when such operations are not covered by the U.S. Coast Guard. As explained in OSHA's Directive regarding its enforcement of Subpart T (“CDO Directive”),11 OSHA's CDO standard covers private-sector employers in federal enforcement states, and employers who dive in association with maritime standards (i.e., shipyard employment, longshoring, and marine terminals) when these operations are not covered by a State with an OSHA-approved State Plan. States with approved State Plans enforce the diving standard: (1) When commercial diving operations are being conducted by private-sector employees not engaged in shipyard employment or marine terminal activities (e.g., equipment repair, sewer maintenance, or construction); (2) in maritime operations (i.e., shipyard employment and marine terminals) as provided by their plans in California, Minnesota, Vermont, and Washington; and (3) with regard to state and local government employees. The location of the dive determines which entity has authority over the dive conditions.

    10 Six State Plans (Connecticut, Illinois, Maine, New Jersey, New York, and the Virgin Islands) limit their occupational safety and health authority to state and local employers only. State Plans that exercise their occupational safety and health authority over both public- and private-sector employers are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.

    11See OSHA Directive Number: CPL-02-00-151, “29 CFR part 1910, subpart T—Commercial Diving Operations” [Dated: 06/13/2011], available at: http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-151.pdf].

    Under 29 CFR 1902.8(c), an employer may apply to Federal OSHA for a variance where a state standard is identical to a federal standard addressed to the same hazard, and the variance would be applicable to employment or places of employment in more than one state, including at least one state with an approved plan. Of the twenty-eight State Plans, only California, Michigan, Oregon, and Washington have promulgated their own state diving standards; Arizona has adopted 29 CFR 1910, subpart T with the exception of one provision that is not germane to this application,12 and all other State Plans have fully adopted 29 CFR part 1910, subpart T by reference. Both Michigan's and Oregon's diving standards also adopt 29 CFR part 1910, subpart T by reference, although Oregon's diving standards include additional State-specific rules.13 Washington's diving standards do not adopt 29 CFR part 1910, subpart T by reference, but include rules that are identical to each of the federal requirements at issue in JHT's application (see Washington Administrative Code, Chapter 296-37, §§ 510-595). California's diving operations standards contain two rules that are substantively identical to two of the OSHA standards at issue in JHT's application (see California Code of Regulations, Title 8, Subchapter 7, Group 26 §§ 6062(b)(1) and (3)((A)-(C)) (substantively identical to 29 CFR 1910.423(c)(1) and (c)(3)). Exhibit OSHA-2015-0024-0009 provides a side-by-side comparison of the Washington and California standards that are identical in substance and requirements to the Federal OSHA standards at issue in this variance application.

    12See 20 A.A.C. 5 § R20-5-602.01 (adopting OSHA's CDO Standard with the exception of 29 CFR 1910.401(a)(2)(ii)), available at: http://apps.azsos.gov/public_services/Title_20/20-05.pdf.

    13See Michigan's Occupational Health Standards, Part 504, § R 325.50303, “Adoption by reference of federal standard,” available at: http://www.michigan.gov/documents/lara/lara_miosha_OH_504_417497_7.pdf; Oregon Admin. Rule 437-002-0340, “Adoption by Reference,” available at: http://osha.oregon.gov/OSHARules/div2/div2T.pdf#page=7.

    JHT certified in its application that it has not filed an application for a permanent variance on the same material facts with a State Plan program. JHT's variance application fits the parameters of 29 CFR 1902.8, and Federal OSHA's action on this application will be deemed prospectively an authoritative interpretation of JHT's compliance obligations regarding the applicable state standards in the places of employment covered by the application. As part of the permanent variance process, OSHA's Directorate of Cooperative and State Programs will notify all State Plans that are potentially affected by JHT's variance application, and the states will have the opportunity to comment.

    III. Description of the Conditions Specified by the Interim Order and the Application for a Permanent Variance

    This section describes the alternative means of compliance with the provisions of 29 CFR 1910.430(d)(3), 1910.430(d)(4), 1910.423(b)(2), 1910.423(c)(1), 1910.423(c)(3), and 1910.424(b)(2), and provides additional detail regarding the proposed conditions that form the basis of JHT's application for an interim order and permanent variance. As indicated earlier in this notice, JHT is seeks the interim order and permanent variance based on proposed conditions derived from the conditions of the alternate standards that OSHA granted to NOAA on September 5, 2014 (Exhibit OSHA-2015-0024-0003, OSHA's Comments and Decisions to NOAA's Request for an Alternate Standard on Diving)(“NOAA Alternate Diving Standards”). After reviewing all available information, including JHT's variance application, NOAA's application for the alternate diving standards, and OSHA's analysis and subsequent granting of the NOAA Alternate Diving Standards, OSHA has added additional conditions to this proposal from those adopted from the NOAA Alternate Diving Standard, which the Agency believes are necessary to ensure the safety of JHT's divers who conduct dives under the NOAA Diving Program (NDP). The below-described conditions form the basis of the interim order and the requested permanent variance.14

    14 In these conditions, the present tense form of the verb (e.g.,must”) pertains to the interim order, while the future conditional form of the verb (e.g.,would”) pertains to the application for a permanent variance (designated as “permanent variance”).

    Proposed Condition A: Scope

    The interim order/proposed permanent variance will/would apply only to JHT commercial diving operations that are conducted for NOAA as part of the NDP from a NOAA vessel. Additionally, coverage is/would be limited to the work situations specified under the “Scope and application” section of Subpart T, Commercial Diving Operations (1910.401(a)), and will/would not apply to commercial diving operations that are already exempted under 1910.401(a)(2).15 Accordingly the scope specifies that the interim order/proposed variance will/would only apply when the dive location is an uninspected vessel operated by NOAA, within OSHA's geographical authority, and when such operations are not covered by the U.S. Coast Guard. When implementing the conditions of the interim order/proposed permanent variance, JHT will/would have to comply fully with all safety and health provisions that are applicable to commercial diving operations as specified by 29 CFR 1910, Subpart T, except for the requirements specified by 29 CFR 1910.430(d)(3), 1910.430(d)(4), 1910.423(b)(2), 1910.423(c)(1), 1910.423(c)(3), and 1910.424(b)(2).

    15 Section 1910.401(a)(2) provides that the CDO standard does not apply to any dive (i) performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits; (ii) performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency; (iii) governed by 45 CFR part 46 (Protection of Human Subjects, U.S. Department of Health and Human Services) or equivalent rules or regulations established by another federal agency, which regulate research, development, or related purposes involving human subjects; or (iv) fitting the standard's definition of “scientific diving.”

    The interim order only applies to JHT's employees when they conduct diving operations under the NDP, as would the permanent variance should OSHA decide to grant it.

    Proposed Condition B: List of Abbreviations

    In proposed condition B, OSHA defines a number of abbreviations used in the interim order/proposed permanent variance. OSHA believes that defining these abbreviations serves to clarify and standardize their usage, thereby enhancing the applicant's and its employees' understanding of the conditions specified by the interim order/proposed permanent variance.

    Proposed Condition C: Requirements for Inflatable Flotation Devices

    This proposed condition will/would require that, when using a buoyancy compensator device (BCD) for SCUBA diving, JHT will/would ensure that: The device is used in accordance with the manufacturer's instructions; is capable of being inflated orally and via the diver's primary breathing gas supply; and, all divers carry an independent reserve cylinder of breathing gas with a separate regulator that could be used for BCD inflation in an emergency. It will/would also require that, when SCUBA diving, JHT will/would ensure divers use an inflatable flotation device that is: Capable of maintaining the diver at the surface in a positively buoyant state; and, has a manually activated inflation source, an oral inflation device, and an exhaust valve. Also, when SCUBA diving, JHT will/would ensure divers are never permitted to dive alone unless they are line-tended and provided with topside support.

    Based upon the technical review of the proposed alternate conditions described above (see section II.B.), OSHA preliminarily determined that these conditions will/would provide JHT's divers with protection equivalent to the provisions in the CDO standard that regulate inflatable flotation devices. OSHA approved these same conditions for NOAA-employed NDP divers when it granted the NOAA Alternate Diving Standards on September 5, 2014, and because there are no differences in training requirements, medical clearance procedures, equipment use and maintenance requirements, and diving procedures for NOAA-employed and JHT-employed divers under the NDP, OSHA grants JHT's request for an interim order, and proposes to grant JHT's request for a permanent variance, using the conditions of the NOAA Alternate Diving Standards, in combination with the additional conditions specified in this notice.

    Proposed Condition D: Requirements for Decompression Chambers

    This proposed condition will/would require that, for any dive that is outside the no-decompression limits or deeper than 130 fsw or using mixed gas with a percentage of oxygen less than air as a breathing mixture, JHT will/would instruct the diver to remain awake and in the vicinity of the decompression chamber which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate). Additionally, for any dive using air or a nitrox breathing-gas mixture within the no-decompression limits that is deeper than 100 fsw but no deeper than 130 fsw, JHT will/would make available within four hours of the dive location a dual-lock and multi-place decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA). JHT will/would also be required to meet the medical-treatment provisions of Appendix C to the CDO rule (i.e., Condition 8, “Treating Diving-Related Medical Emergencies”), and will/would be prohibited from conducting SCUBA diving using air or nitrox breathing-gas mixture at depths deeper than 100 fsw but no deeper than 130 fsw, or outside the no-decompression limits, unless a 6 ATA decompression chamber is ready for use (diving operations performed for instructional purposes in accordance with § 1910.401(a)(2)(i) are exempt). When using a nitrox breathing-gas mixture, JHT will/would be required to meet the no-decompression provisions of Appendix C to the CDO rule (i.e., Condition 5, “Use of No-Decompression Limits”) and ensure that the partial pressure of oxygen in breathing-gas mixtures does not exceed 1.40 ATA or 40% by volume, whichever exposes the diver to less oxygen.

    Based upon the technical review of the proposed alternate conditions regarding its use of decompression chambers (see section II.C.), OSHA preliminarily determined the specified conditions will/would provide JHT's divers with protection equivalent to the CDO standard. OSHA approved these same conditions for NOAA-employed NDP divers when it granted the NOAA Alternate Diving Standards on September 5, 2014, and because there are no differences in training requirements, medical clearance procedures, equipment use and maintenance requirements, and required diving procedures for NOAA-employed and JHT-employed divers under the NDP, OSHA grants JHT's request for an interim order, and proposes to grant the requested permanent variance, using the conditions of the NOAA Alternate Diving Standards in combination with the additional conditions specified in this notice.

    Proposed Condition E: Worker Qualification and Training

    OSHA added this proposed condition, which will/would require JHT to develop and implement an effective qualification and training program for its affected divers that, at a minimum, meets the requirements set forth in 29 CFR 1910.410 qualifications of a dive team. The proposed condition specifies that as members of the NDP, JHT's affected divers must/would be required to successfully complete the three-week, 140-hour “Working Diver” course that trains NOAA and contractor divers to perform a wide range of skills utilizing a variety of power and hand tools and specialized equipment. The proposed condition also specifies that JHT's diver must/would be required to complete NDP's diver training requirements, which include: (1) Instruction in the conditions of the proposed variance; (2) annual refresher training in oxygen administration (academic and practical components); (3) instruction in maintaining current CPR/AED and First Aid certification; (4) maintaining proficiency in diving by making at least three (3) dives per quarter; (5) completing and passing an annual swim test; (6) completing and passing an annual skills test to demonstrate the diver's ability to safely operate underwater; (7) successfully completing one or more annual rescue drills to demonstrate the diver's ability to surface, extricate, treat and evacuate the victim of a diving accident; and (8) instruction in properly verifying that the diver's life support gear was serviced annually by a certified technician.

    OSHA believes that having well-trained and qualified divers performing the required dive tasks ensures that they recognize, and respond appropriately to underwater safety and health hazards. These qualification and training requirements will/would enable affected JHT divers to cope effectively with emergencies, as well as the discomfort and physiological effects of hyperbaric exposure, thereby preventing injury, illness, and fatalities.

    Proposed Condition F: Recordkeeping

    OSHA also includes proposed condition F, which will/would require the applicant to maintain records of specific factors associated with each dive. The information gathered and recorded under this provision, in concert with the information provided under proposed condition G (using OSHA 301 Incident Report form to investigate and record dive-related recordable injuries as defined by 29 CFR 1904.4, 1904.7, 1904.8 through 1904.12), will/would enable the applicant and OSHA to determine the effectiveness of the interim order and proposed permanent variance in preventing DCS and other dive-related injuries and illnesses.16

    16See 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping forms and instructions (http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf); and updates to OSHA's recordkeeping rule, 79 Fed Reg. 56130, September 18, 2014 (more information available at: http://www.osha.gov/recordkeeping2014/index.html ).

    Proposed Condition G: Notifications

    OSHA added this proposed condition to JHT's application in order to ensure that the applicant provides timely notification regarding the continued use and effectiveness of the proposed conditions in maintaining the safety and health of affected divers and preventing dive-related incidents.

    Under this proposed condition, the applicant will/would be required to: (1) Notify the Office of Technical Programs and Coordination Activities (OTPCA) and the Area Office closest to the dive location of any recordable injuries, illnesses, in-patient hospitalizations, amputations, loss of an eye, or fatality that occur as a result of diving operations within eight (8) hours of the incident; (2) provide OTPCA and the Area Office closest to the dive location within twenty-four (24) hours of the incident with a copy of the incident investigation report (using OSHA 301 form); (3) include on the OSHA 301 form information on the diving conditions associated with the recordable injury or illness, the root-cause determination, and preventive and corrective actions identified and implemented; (4) provide its certification that it informed affected divers of the incident and the results of the incident investigation; (5) notify OTPCA and the Area Office closest to the dive location within fifteen (15) working days should the applicant need to revise its dive procedures to accommodate changes in its diving operations that affect its ability to comply with the conditions of the proposed permanent variance; and (6) by the fifteenth (15th) of January, at the beginning of each new calendar year, provide OTPCA, and the Area and Regional Offices closest to the preceding year's dive locations, with a report summarizing the dives completed during the year just ended and evaluating the effectiveness of the variance conditions in providing a safe and healthful work environment and in preventing dive-related incidents.

    It should be noted that the requirement of completing and submitting the dive-related (recordable) incident investigation report (OSHA 301 form) will/would be more restrictive than the current recordkeeping requirement of completing the OSHA 301 form within seven (7) calendar days of the incident (29 CFR 1904.29(b)(3)). This modified and more stringent incident investigation and reporting requirement will/would be restricted to dive-related (recordable) incidents only. Providing notification will/would be essential because time is a critical element in OSHA's ability to determine the continued effectiveness of the variance conditions in preventing dive-related incidents, and the applicant's identification and implementation of appropriate corrective and preventive actions.

    Further, these notification requirements will/would enable the applicant, its employees, and OSHA to determine the effectiveness of the proposed permanent variance in providing the requisite level of safety to the applicant's divers, and based on this determination, whether to revise or revoke the conditions of the proposed permanent variance. Timely notification will/would permit OSHA to take whatever action may be necessary and appropriate to prevent further injuries and illnesses. Providing notification to affected employees will/would inform them of the precautions taken by the applicant to prevent similar incidents in the future.

    Additionally, this proposed condition also will/would require the applicant to notify OSHA if it ceases to do business, has a new address or location for its main office, or transfers the operations covered by the proposed permanent variance to a successor company. Further, the condition will/would specify that OSHA must approve the transfer of the interim order or proposed permanent variance to a successor company. These requirements will/would: (1) Provide assurance that the successor company has knowledge of, and would comply with, the conditions specified by the interim order or proposed permanent variance; (2) allow OSHA to communicate effectively with the applicant regarding the status of the interim order or proposed permanent variance; and (3) expedite the Agency's administration and enforcement of the interim order or proposed permanent variance, thereby ensuring the continued safety of affected divers.

    IV. Grant of Interim Order

    In Addition to a permanent variance, JHT requested an interim order, which would remain in effect until the Agency modifies or revokes the interim order, or until the Agency makes a decision on its application for a permanent variance, whichever occurs first. During this interim period, the applicant is required to comply fully with the conditions of the interim order as an alternative to complying with the inflatable flotation device requirements of 29 CFR 1910.430(d)(3) and (4), and the decompression chamber requirements of 29 CFR 1910.423(b)(2), (c)(1), and (c)(3), and 1910.424(b)(2).

    As described earlier in this notice, JHT proposes to adopt the conditions of the NOAA Alternate Diving Standards, which were granted to NOAA on September 5, 2014, as the conditions of the interim order and permanent variance. In addition to adopting the NOAA Alternate Diving Standards' conditions for deviating from the applicable inflatable flotation device and decompression chamber provisions of Subpart T, OSHA added several conditions, which the Agency believes are necessary to ensure the safety of JHT's divers who conduct commercial diving operations for NOAA under the NDP.

    After comprehensively reviewing the record discussed above, the Agency preliminarily finds that when the employer complies with the conditions of the proposed variance, the working conditions of the applicant's workers would be at least as safe and healthful as if the employer complied with the working conditions specified by 29 CFR 1910.430(d)(3), 1910.430(d)(4), 1910.423(b)(2), 1910.423(c)(1), 1910.423(c)(3), and 1910.424(b)(2). Accordingly, OSHA is issuing an interim order to the applicant pursuant to the provisions of 29 CFR 1910.11(c). In lieu of complying with the provisions listed of Subpart T specified above, the applicant will: (1) Comply with the conditions listed below in Section V (“Specific Conditions of the Interim Order and the Application for a Permanent Variance”) of this notice for as long as the interim order remains in effect; (2) comply fully with all other applicable provisions of 29 CFR part 1910; and (3) provide a copy of this Federal Register notice to all employees affected by the proposed conditions, using the same means it used to inform these employees of its application for a permanent variance. During the period starting with the publication of this notice, the interim order shall remain in effect until the Agency publishes a final decision on the application for a permanent variance, or until the Agency modifies or revokes the interim order in accordance with 29 CFR 1905.13, whichever occurs first.

    V. Specific Conditions of the Interim Order and the Application for a Permanent Variance

    After comprehensively reviewing the evidence, OSHA has preliminarily determined that the proposed conditions will provide a place of employment as safe and healthful as that provided by 29 CFR 1910.430(d)(3), 1910.430(d)(4), 1910.423(b)(2), 1910.423(c)(1), 1910.423(c)(3), and 1910.424(b)(2). The following conditions apply to the interim order that OSHA is granting to JHT. In addition, these conditions specify the alternative means of compliance that OSHA proposes for JHT's requested permanent variance from the above-listed provisions of Subpart T of 29 CFR part 1910. The conditions will/would apply to all of JHT's commercial diving operations conducted from NOAA vessels under the NOAA Diving Program (NDP). These conditions include:

    A. Scope

    1. This interim order/permanent variance applies/would apply only to JHT's commercial diving operations conducted for NOAA under the NDP from a NOAA vessel.

    2. The interim order/permanent variance only applies/would apply to JHT diving operations that are covered under Subpart T of 29 CFR part 1910 (see 29 CFR 1910.401(a)). Accordingly, the variance will/would only apply when the dive location is an uninspected vessel within OSHA's geographical authority, as defined by 29 U.S.C. 653(a), and when such operations are not covered by the U.S. Coast Guard.

    3. The interim order/permanent variance will/would not apply to commercial diving operations exempted by 29 CFR 1910.401(a)(2), including diving operations performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits; diving performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency; or; diving for research, development, or related purposes involving human subjects, as governed by 45 CFR part 46 or equivalent rules or regulations established by another federal agency; and scientific diving. To qualify for the scientific diving exemption, all of the requirements in 29 CFR 1910.401(a)(2)(iv) and Appendix B to 29 CFR part 1910, subpart T, must be met.

    4. Except for the requirements specified by 29 CFR 1910.430(d)(3), 1910.430(d)(4), 1910.423(b)(2), 1910.423(c)(1), 1910.423(c)(3), and 1910.424(b)(2), JHT must/would be required to comply fully with all other applicable provisions of Subpart T of 29 CFR part 1910 when conducting commercial diving operations.

    5. The interim order will remain in effect until the Agency publishes a final decision on the application for a permanent variance, or until the Agency modifies or revokes the interim order in accordance with 29 CFR 1905.13, whichever occurs first.

    B. List of Abbreviations

    Abbreviations used throughout this proposed permanent variance would include the following:

    ATA—Atmosphere Absolute BCD—Buoyancy Compensator Device CDO—Commercial Diving Operations DCS—Decompression Sickness fsw—feet of seawater JHT—Jardon and Howard Technologies, Incorporated NDP—NOAA Diving Program OSHA—Occupational Safety and Health Administration OTPCA—OSHA's Office of Technical Programs and Coordination Activities p.s.i.—pounds per square inch SCUBA—Self Contained Underwater Breathing Apparatus C. Requirements for Inflatable Flotation Devices

    1. When using a BCD for SCUBA diving, JHT will/would ensure that: The device is used in accordance with the manufacturer's instructions; is capable of being inflated orally and via the diver's primary breathing gas supply; and all divers carry an independent reserve cylinder of breathing gas with a separate regulator that could be used for BCD inflation in an emergency.

    2. When SCUBA diving, JHT will/would ensure that divers use an inflatable flotation device that is: Capable of maintaining the diver at the surface in a positively buoyant state; and have a manually activated inflation source, an oral inflation device, and an exhaust valve.

    3. When SCUBA diving, JHT will/would ensure that divers are never permitted to dive alone unless they are line-tended and provided with topside support (as a minimum, topside support includes a designated person-in-charge and a standby diver).

    D. Requirements for Decompression Chambers

    1. For any dive that is outside the no-decompression limits or deeper than 130 fsw or using mixed gas with a percentage of oxygen less than air as a breathing mixture, JHT will/would instruct the diver to remain awake and in the vicinity of the decompression chamber, which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate).

    2. For any dive using air or a nitrox breathing-gas mixture within the no-decompression limits that is deeper than 100 fsw but no deeper than 130 fsw, JHT will/would make available within four hours of the dive location, a decompression chamber capable of recompressing the diver at the surface to a minimum of 165 fsw (6 ATA).

    3. For any dive using air or nitrox breathing-gas mixture within the no-decompression limits that is deeper than 100 fsw but no deeper than 130 fsw, JHT will/would make available a decompression chamber that is: dual-lock, multiplace, and located within four hours of the dive location.

    4. JHT will/would have to meet the medical-treatment provisions of Appendix C to the CDO rule (i.e., Condition 8, “Treating Diving-Related Medical Emergencies”).

    5. JHT will/would be prohibited from conducting SCUBA diving using air or nitrox breathing-gas mixture at depths deeper than 100 fsw but no deeper than 130 fsw, or outside the no-decompression limits, unless a 6 ATA decompression chamber is ready for use (diving operations performed for instructional purposes in accordance with § 1910.401(a)(2)(i) are exempt).

    6. When using a nitrox breathing-gas mixture, JHT will/would have to meet the no-decompression provisions of Appendix C to the CDO rule (i.e., Condition 5, “Use of No-Decompression Limits”) and ensure that the partial pressure of oxygen in breathing-gas mixtures does not exceed 1.40 ATA or 40% by volume, whichever exposes the diver to less oxygen.

    E. Worker Qualification and Training

    JHT will/would be required to:

    1. Develop and implement an effective qualification and training program for its affected divers that as a minimum, meets the requirements set forth in 29 CFR 1910.410 qualifications of a dive team;

    2. Ensure that each affected diver (including, but not limited to, current and newly assigned to be involved in diving operations under the NDP) successfully completes NOAA's three-week, 140-hour “Working Diver” course;

    3. Ensure that the diver training program also includes the following: (a) Instruction in the conditions of the proposed variance; (b) annual refresher training in oxygen administration (academic and practical components); (c) instruction in maintaining current CPR/AED and First Aid certification; (d) maintaining proficiency in diving by making at least three (3) dives per quarter; (e) completing and passing an annual swim test; (f) completing and passing an annual skills test to demonstrate the diver's ability to safely operate underwater; (g) successfully completing one or more annual rescue drills to demonstrate the diver's ability to surface, extricate, treat and evacuate the victim of a diving accident; and (h) instruction in properly verifying that the diver's life support gear was serviced annually by a certified technician;

    4. Document the training in order to provide a means of tracking the training received by divers and, consequently, to prompt JHT to update that training if necessary.

    F. Recordkeeping

    JHT will/would be required to:

    1. Maintain records of recordable injuries that occur as a result of diving operations conducted for NOAA under the NDP;

    2. Ensure that the information gathered and recorded under this provision, in concert with the information provided under proposed condition G (using OSHA 301 Incident Report form to investigate and record dive-related recordable injuries as defined by 29 CFR 1904.4, 1904.7, 1904.8 through 1904.12), would enable the JHT and OSHA to determine the effectiveness of the proposed permanent variance in preventing DCS and other dive-related injuries and illnesses.17

    17See footnote 16.

    G. Notifications

    JHT will/would be required to:

    1. Notify the OTPCA and the Area Office closest to the dive location of any recordable injuries, illnesses, in-patient hospitalizations, amputations, loss of an eye, or fatality that occur as a result of diving operations within eight (8) hours of the incident;

    2. Provide OTPCA and the Area Office closest to the dive location within twenty-four (24) hours of the incident with a copy of the incident investigation report (using OSHA 301 form);

    3. Include on the OSHA 301 form information on the diving conditions associated with the recordable injury or illness, the root-cause determination, and preventive and corrective actions identified and implemented;

    4. Provide its certification that it informed affected divers of the incident and the results of the incident investigation;

    5. Notify OTPCA and the Area Office closest to the dive location within fifteen (15) working days should the applicant need to revise its dive procedures to accommodate changes in its diving operations that affect its ability to comply with the conditions of the proposed permanent variance;

    6. Obtain OSHA's written approval prior to implementing the revision in its dive procedures to accommodate changes in its diving operations that affect its ability to comply with the conditions in the proposed permanent variance;

    7. By the fifteenth (15th) of January, at the beginning of each new calendar year, provide OTPCA, and the Area and Regional Offices closest to the preceding year's dive locations, with a report summarizing the dives completed during the year just ended and evaluating the effectiveness of the variance conditions in providing a safe and healthful work environment and in preventing dive-related incidents;

    8. Notify OSHA if it ceases to do business, has a new address or location for its main office, or transfers the operations covered by the proposed permanent variance to a successor company; and

    9. Ensure that OSHA would approve the transfer of the interim order or permanent variance to a successor company.

    OSHA will publish a copy of this notice in the Federal Register.

    Authority and Signature

    Thomas M. Galassi, Acting Deputy Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 655(d), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1905.11.

    Signed at Washington, DC, on July 19, 2017. Thomas M. Galassi, Acting Deputy Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2017-15876 Filed 8-1-17; 8:45 am] BILLING CODE 4510-26-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0168] Draft Test Plan High Energy Arcing Faults Phase 2 AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft test plan; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on the draft test plan entitled, “High Energy Arcing Faults (HEAFs) in Electrical Equipment Phase 2,” in order to receive feedback from the widest range of interested parties and to ensure that all information relevant to developing this document is available to the NRC staff.

    DATES:

    Submit comments by September 1, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

    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-2017-0168. 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.

    Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: TWFN-8-D36M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    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:

    Nicholas Melly, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2392; email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2017-0168 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-2017-0168.

    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 draft test plan, “High Energy Arcing Faults (HEAFs) in Electrical Equipment Phase 2,” is available in ADAMS under Accession No. ML17201Q551.

    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-2017-0168 in the subject line of 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 posts all comment submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.

    II. Discussion

    The purpose of this test program is to better understand the fire risk presented by high energy arc fault phenomena and to characterize physical parameters such as the thermal conditions, pressure effects, and electrical conductive products of combustion created by HEAFs occurring primarily in electrical cabinets and bus ducts. The experimental data will be used by the NRC to determine the adequacy of existing HEAF zone of influences (ZOIs) damage models and support revisions to those methods if necessary. Additionally, phase 2 of testing will focus on the HEAFs involving aluminum components as it pertains to both increased physical damage states and potential product of combustion electrical conductivity concerns. This research is also being proposed as an international nuclear safety research project.

    Currently, there are two available methods to model HEAF damage. Electrical enclosure guidance is contained in NUREG/CR-6850 (EPRI 1011989), “EPRI/NRC-RES Fire PRA Methodology for Nuclear Power Facilities Volume 2: Detailed Methodology,” Appendix M (ADAMS Accession No. ML15167A411). This model is limited because it was largely derived from empirical evidence from one single well-documented HEAF event that occurred at the San Onofre Nuclear Generating Station, Unit 3, on February 3, 2001. A second method that focuses on damage involving bus duct HEAF events can be found in NUREG/CR-6850 (EPRI 1019259) Supplement 1, “Fire Probabilistic Risk Assessment Methods Enhancements”, Section 7 “Bus Duct (Counting) Guidance for High-Energy Arcing Faults (FAQ 07-0035)” (ADAMS Accession No. ML15167A550).

    Both methods employ a “one size fits all” ZOI methodology that prescribes a damage zone around an initiating component. These ZOIs prescribe damage to potentially vulnerable electrical or electromechanical components nearby such as cables, transformers, ventilation fans, other cabinets, etc. The international Organization for Economic Co-operation and Development (OECD)/Nuclear Energy Agency (NEA) experimental HEAF Project was created in an attempt to take an exploratory scientific approach to better understand the HEAF phenomena and produce data that could be used to better inform fire modeling techniques for postulating a realistic damage range of HEAF scenarios. The report can be downloaded here: https://www.oecd-nea.org/nsd/docs/2017/csni-r2017-7.pdf.

    This draft test plan describes the NRC's next phase of testing necessary to better understand the HEAF phenomena and to characterize the damage involving thermal conditions, pressure effects, and electrically conductive deposits on nearby surfaces created by HEAFs occurring in electrical cabinets and bus ducts. The results of this program will provide qualitative information on the impact of HEAFs on typical fire probabilistic risk assessment targets such as electrical cable and nearby equipment. The experimental data will be used by the NRC to determine the adequacy of existing HEAF ZOIs presented in NUREG/CR-6850, Appendix M and Supplement 1 and to adjust existing methodology as necessary. The phase 2 testing will also focus on the HEAF involving aluminum components as it pertains to both increased physical damage states and electrical conductive products of combustion concerns. This test program is also being proposed internationally through the OECD and the NEA as a collaborative international nuclear safety research program.

    This document is not intended for interim use. The NRC will review public comments received on the document, incorporate suggested changes as appropriate, and make the final test plan available. Consistent with past experimental programs, the final test plan will be considered a living document.

    Changes to the final test plan can, and likely will be made during the testing phase as insights and observations from the testing develop that would suggest changes are necessary to ensure valuable data from experiments is being obtained.

    Dated at Rockville, Maryland, this 27th day of July, 2017.

    For the Nuclear Regulatory Commission.

    Mark Henry Salley, Chief, Fire and External Hazard Analysis Branch, Division of Risk Analysis, Office of Nuclear Regulatory Research.
    [FR Doc. 2017-16233 Filed 8-1-17; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket No. R2017-7; Order No. 4018] Postal Rate and Classification Changes AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is providing notice of its adjustment to the procedural schedule to allow for additional time to file comments regarding the Postal Service's filing amending prices and classification language for Move Update. This notice 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:

    On June 30, 2017, the Postal Service filed a notice of market dominant price adjustment and classification changes in accordance with 39 U.S.C. 3622 and 39 CFR part 3010.1 On July 3, 2017, Order No. 3990 established the procedural schedule for this proceeding, including a comment deadline of July 20, 2017.2 By rule, the Commission determines, at a minimum, whether the planned adjustment is consistent with the price cap 14 days following the comment deadline. See 39 CFR 3010.11(d). These dates are predicated on complete information being available for parties to comment on and the Commission to review. See, e.g., 39 CFR 3010.12(b)(3).3 This case represents a series of changes relating to the Move Update assessment charge, where complete information regarding the potential price cap impacts of the changes was not available with the Postal Service's initial filing, prompting several Chairman's Information Requests.4

    1 United States Postal Service Notice of Market Dominant Price Adjustment and Classification Changes, June 30, 2017 (Notice).

    2 Notice and Order on Price Adjustment for Move Update, July 3, 2017 (Order No. 3990). Comments for market dominant rate adjustments are due 20 days after the date of filing, pursuant to 39 CFR 3010.11(a)(5).

    3 39 CFR 3010.12(b)(3) requires that the Postal Service include with its notice of rate adjustment “{t}he percentage change in rates for each class of mail calculated as required by § 3010.23.” It further requires that this information “be supported by workpapers in which all calculations are shown and all input values, including current rates, new rates, and billing determinants, are listed with citations to the original sources.” Id. 39 CFR 3010.23(d)(2) requires that the Postal Service “make reasonable adjustments to the billing determinants to account for the effects of classification changes such as the introduction, deletion, or redefinition of rate cells.” 39 CFR 3010.23(d)(2). In making those adjustments, the Postal Service is required to “identify and explain all adjustments” and provide “{a}ll information and calculations relied upon to develop the adjustments . . . with an explanation of why the adjustments are appropriate.” Id.

    4 The Postal Service proposes an increase to the Move Update assessment charge, an updated enforcement method for the charge, and a change to the threshold for its tolerance of change of address (COA) errors. Notice at 1; id. n.1. There have been five Chairman's Information Requests issued in this case: Chairman's Information Request No. 1, July 5, 2017; Chairman's Information Request No. 2, July 7, 2017 (CHIR No. 2); Chairman's Information Request No. 3, July 13, 2017 (CHIR No. 3); Chairman's Information Request No. 4, July 20, 2017 (CHIR No. 4); Chairman's Information Request No. 5, July 27, 2017.

    Comments filed July 20, 2017, did not have the benefit of the Postal Service's responses to CHIR No. 3 or CHIR No. 4 (and had only one day to review and consider the Postal Service's response to CHIR No. 2). The Association for Postal Commerce notes that “a few elements in the Postal Service's filing, and in its proposed Move Update assessment process generally, . . . warrant further explanation.” 5

    5 Comments of the Association for Postal Commerce, July 20, 2017, at 1 (PostCom Comments).

    The Commission, due to the potential importance of this missing information to the issues of the proceeding (for both informed comments and the Commission's review), finds that commenters and its own review would be prejudiced without equitably tolling the time of filing (and deadlines set by that time of filing). Therefore, the Commission finds it necessary to constructively adjust (toll) the filing date for Postal Service's Notice to July 20, 2017, at which time the Postal Service had provided the bulk of the information necessary to evaluate the potential impacts of proposed changes in its Notice. As a result, commenters may file additional comments by August 9, 2017.6 Likewise, the date required by 39 CFR 3010.11(d) for the Commission's determination shall be August 23, 2017.

    6 All comments received to date shall also be considered.

    It is ordered:

    1. Any additional comments are due by August 9, 2017.

    2. The Commission's determination, pursuant to 39 CFR 3010.11(d) shall be filed by August 23, 2017.

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

    By the Commission.

    Ruth Ann Abrams, Acting Secretary.
    [FR Doc. 2017-16199 Filed 8-1-17; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL SERVICE Sunshine Act Meeting Temporary Emergency Committee of the Board of Governors DATES AND TIMES:

    Thursday, August 7, 2017, at 9:00 a.m.

    PLACE:

    Washington, DC.

    STATUS:

    Closed.

    MATTERS TO BE CONSIDERED:

    Thursday, August 7, 2017, at 9:00 a.m.

    1. Financial Matters.

    2. Strategic Issues.

    3. Personnel Matters and Compensation Issues.

    4. Executive Session—Discussion of prior agenda items and Temporary Emergency Committee governance.

    GENERAL COUNSEL CERTIFICATION:

    The General Counsel of the United States Postal Service has certified that the meeting may be closed under the Government in the Sunshine Act.

    CONTACT PERSON FOR MORE INFORMATION:

    Julie S. Moore, Secretary of the Board, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1000. Telephone: (202) 268-4800.

    Julie S. Moore, Secretary.
    [FR Doc. 2017-16301 Filed 7-31-17; 11:15 am] BILLING CODE 7710-12-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81231; File No. SR-NYSE-2017-38] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date July 27, 2017.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on July 26, 2017, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes in connection with the September 5, 2017 compliance date for the shortening of the standard settlement cycle from three business days after the trade date (“T+3”) to two business days after the trade date (“T+2”), to (1) delete NYSE Rule 282.65 (Failure to Deliver and Liability Notice Procedures) (“Rule 282.65”) and Section 703.02 (part 2) (Stock Split/Stock Rights/Stock Dividend Listing Process) (“Section 703.02 (part 2)”) of the NYSE Listed Company Manual (“Listed Company Manual”); (2) delete the preamble and “T” modifier from NYSE Rule 282.65T (Failure to Deliver and Liability Notice Procedures) (“Rule 282.65T”) and Section 703.02T (part 2) (Stock Split/Stock Rights/Stock Dividend Listing Process) (“Section 703.02T”) of Listed Company Manual; and (3) establish the operative date of Rule 282.65T and Section 703.02T of the Listed Company Manual. The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    In connection with the September 5, 2017 compliance date for shortening of the standard settlement cycle from T+3 to T+2, the Exchange proposes to (1) delete Rule 282.65 and Section 703.02 (part 2) of the Listed Company Manual; (2) delete the preamble and “T” modifier from Rule 282.65T and Section 703.02T of the Listed Company Manual; and (3) establish the operative date of Rule 282.65T and Section 703.02T of the Listed Company Manual as September 5, 2017.

    Background

    On September 28, 2016, the Securities and Exchange Commission (“SEC”) proposed amendments to Rule 15c6-1(a) to shorten the standard settlement cycle from T+3 to T+2.4 Following this action by the SEC, the Exchange adopted new rules with the modifier “T” to reflect a T+2 settlement cycle.5 Because the Exchange would not implement the new rules until after the final implementation of T+2, the Exchange retained the versions of the rules reflecting T+3 settlement on its books. Certain of these rules have since been deleted in connection with the Exchange's elimination of non-regular way trading.6 In order to reduce the potential for confusion regarding which version of the rule governs, the Exchange added explanatory preambles, provided below.

    4See Securities Exchange Act Release No. 78962 (September 28, 2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16).

    5See Securities Exchange Act Release No. 80021 (February 104, 2017), 82 FR 10931 (February 16, 2017) (SR-NYSE-2016-87).

    6See Securities Exchange Act Release No. 811762 (July 20, 2017) (SR-NYSE-2017-33).

    In particular, the following preamble was added to the Rule 282.65 and Section 703.02 (part 2):

    “This version of . . . will remain operative until the Exchange files separate proposed rule changes as necessary to establish the operative date of . . . , to delete this version of . . . and preamble, and to remove the preamble text from the version of . . . . In addition to filing the necessary proposed rule changes, the Exchange will announce via Information Memo the operative date of the deletion of this Rule and implementation of . . .”

    The following preamble was added to the Rule 282.65T and Section 703.02T:

    “The Exchange will file separate proposed rule changes to establish the operative date of . . . , to delete . . . and the preamble text from . . . , and to remove the preamble text from the version of . . . . Until such time, . . . will remain operative. In addition to filing the necessary proposed rule changes, the Exchange will announce via Information Memo the implementation of this Rule and the operative date of the deletion of . . .”

    On March 22, 2017, the SEC adopted the proposed amendment to Rule 15c6-1(a) under the Act 7 with a compliance date of September 5, 2017.8

    7See 17 CFR 240.15c6-1(a).

    8See Securities Exchange Act Release No. 80295 (March 22, 2017), 82 FR 15564 (March 29, 2017) (File No. S7-22-16).

    Proposed Rule Change

    In order to comply with the September 5, 2017, transition to T+2 settlement, the Exchange proposes to:

    • Delete Rule 282.65 and Section 703.02 (part 2), including the preambles, in their entirety;

    • delete the preambles to Rule 282.65T Section 703.02T; and

    • delete the “T” modifier in Rule 282.65T and Section 703.02T, which distinguished such rules from the T+3 rules.

    The Exchange proposes that the changes described herein would take effect on September 5, 2017, to coincide with the transition to T+2. The Exchange will announce via Information Memo the implementation of Rule 282.65T and Section 703.02T of the Listed Company Manual and the operative date of the deletion of Rule 282.65 and Section 703.02 (part 2).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,9 in general, and further the objectives of Section 6(b)(5) of the Act,10 in particular, because it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.

    9 15 U.S.C. 78f(b).

    10 15 U.S.C. 78f(b)(5).

    In particular, the Exchange believes that the proposed changes remove impediments to and perfect the mechanism of a free and open market by adding clarity as to which rules are operative and when, thereby reducing potential confusion, and making the Exchange's rules easier to navigate. The Exchange also believes that eliminating obsolete material from its rulebook and Listed Company Manual also removes impediments to and perfects the mechanism of a free and open market by removing confusion that may result from having obsolete material in the Exchange's rulebook and Listed Company Manual. The Exchange believes that eliminating such obsolete material would not be inconsistent with the public interest and the protection of investors because investors will not be harmed and in fact would benefit from increased transparency, thereby reducing potential confusion.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change is not designed to address any competitive issue but rather facilitate the industry's transition to a T+2 regular-way settlement cycle. The Exchange also believes that the proposed rule change will serve to promote clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 11 and Rule 19b-4(f)(6) thereunder.12 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.13

    11 15 U.S.C. 78s(b)(3)(A).

    12 17 CFR 240.19b-4(f)(6).

    13 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 14 of the Act to determine whether the proposed rule change should be approved or disapproved.

    14 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSE-2017-38 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2017-38. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2017-38 and should be submitted on or before August 23, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.15

    15 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-16211 Filed 8-1-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81232; File No. SR-NYSEAMER-2017-01] Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change in Connection With the September 5, 2017 Compliance Date for the Shortening of the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date July 27, 2017.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on July 26, 2017, NYSE American LLC (the “Exchange” or “NYSE AMER”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes in connection with the September 5, 2017 compliance date for the shortening of the standard settlement cycle from three business days after the trade date (“T+3”) to two business days after the trade date (“T+2”), to (1) delete NYSE American Rules 14—Equities, 64—Equities, 235—Equities, 236—Equities, 257—Equities, 282—Equities. Supplementary Material .65, and Sections 510 and 512 of the NYSE American Company Guide (“Company Guide”); (2) delete the preamble and “T” modifier from NYSE American Rules 14T—Equities, 64T—Equities, 235T—Equities, 236T—Equities, 257T—Equities, and 282.65—Equities, and Sections 510T and 512T of the Company Guide; and (3) establish the operative date of Rules 14T—Equities, 64T—Equities, 235T—Equities, 236T—Equities, 257T—Equities, and 282 65T—Equities, and Sections 510T and 512T of the Company Guide. The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    In connection with the September 5, 2017 compliance date for shortening of the standard settlement cycle from T+3 to T+2, the Exchange proposes to delete:

    • Rule 14—Equities (Non-Regular Way Settlement Instructions for Orders); 4

    4 The Exchange proposes to retain the title of current Rule 14 (“Non-Regular Way Settlement Instructions for Orders”) and the legend that states “This Rule is not applicable to trading the Pillar trading platform,” which was added in connection with the Exchange's transition to Pillar, an integrated trading technology platform designed to use a single specification for connecting to the equities and options markets operated by the Exchange and its affiliates, NYSE Arca, Inc. (“NYSE Arca”) and New York Stock Exchange LLC (“NYSE”). See Securities Exchange Act Release Nos. 80590 (May 4, 2017), 82 FR 21843 (May 10, 2017) (Approval Order) and 79993 (February 9, 2017), 82 FR 10814, 10815-16 (February 15, 2017) (SR-NYSEMKT-2017-01) (Notice) (the “Pillar Trading Rule Filing”). The Exchange began trading on the Pillar platform on July 24, 2017.

    • Rule 64—Equities (Bonds, Rights and 100-Share-Unit Stocks),

    • Rule 235—Equities (Ex-Dividend, Ex-Rights); 5

    5 The Exchange proposes to retain the title of current Rule 235 (“Ex-Dividend, Ex-Rights”) and the legend that states “This Rule is not applicable to trading the Pillar trading platform,” which was added in connection with the Exchange's transition to Pillar. See note 5, supra.

    • Rule 236—Equities (Ex-Warrants);

    • Rule 257—Equities (Deliveries After Ex-Date);

    • Rule 282.65 (Failure to Deliver and Liability Notice Procedures); and

    • Sec. 510 (Three Day Delivery Plan) and Sec. 512 (Ex-Dividend Procedure) of the Company Guide.

    The Exchange further proposes to delete the preamble and “T” modifier from the following rules:

    • Rule 64T—Equities (Bonds, Rights and 100-Share-Unit Stocks);

    • Rule 236T—Equities (Ex-Warrants);

    • Rule 257T—Equities (Deliveries After Ex-Date);

    • 282.65T (Failure to Deliver and Liability Notice Procedures); and

    • Sec. 510T (Two Day Delivery Plan) and Sec. 512T (Ex-Dividend Procedure).

    The Exchange proposes that the operative date for these changes would be September 5, 2017 to conform to the compliance date for T+2.

    Background

    On September 28, 2016, the Securities and Exchange Commission (“SEC”) proposed amendments to Rule 15c6-1(a) to shorten the standard settlement cycle from T+3 to T+2.6 Following this action by the SEC, the Exchange adopted new rules with the modifier “T” to reflect a T+2 settlement cycle.7 Because the Exchange would not implement the new rules until after the final implementation of T+2, the Exchange retained the versions of rules reflecting T+3 settlement on its books. In order to reduce the potential for confusion regarding which version of the rule governs, the Exchange added explanatory preambles as noted below.

    6See Securities Exchange Act Release No. 78962 (September 28, 2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16).

    7See Securities Exchange Act Release No. 80020 (February 13, 2017), 82 FR 10940 (February 16, 2017) (SR-NYSEMKT-2016-119).

    In particular, the following preamble was added to Rules 14, 64, 235, 236, 257, and 282.65, and Sec. 510 and Sec. 512 of the Company Guide:

    “This version of . . . will remain operative until the Exchange files separate proposed rule changes as necessary to establish the operative date of . . . to delete this version of . . . and preamble, and to remove the preamble text from the version of . . . In addition to filing the necessary proposed rule changes, the Exchange will announce via Information Memo the operative date of the deletion of this Rule and implementation of revised . . .”

    The following preamble was added to Rules 14T, 64T, 235T, 236T, 257T, and 282.65T, as well as Sections 510T and 512T of the Company Guide:

    “The Exchange will file separate proposed rule changes to establish the operative date of . . ., to delete . . . and the preamble text from . . ., and to remove the preamble text from the version of . . . Until such time, . . . will remain operative. In addition to filing the necessary proposed rule changes, the Exchange will announce via Information Memo the implementation of this Rule and the operative date of the deletion of . . .”

    On March 22, 2017, the SEC adopted the proposed amendment to Rule 15c6-1(a) under the Act 8 with a compliance date of September 5, 2017.9

    8See 17 CFR 240.15c6-1(a).

    9See Securities Exchange Act Release No. 80295 (March 22, 2017), 82 FR 15564 (March 29, 2017) (File No. S7-22-16).

    Proposed Rule Change

    In order to comply with the September 5, 2017 transition to T+2 settlement, the Exchange proposes to:

    • Delete Rules 64, 236, 257, 282.65, and Sec. 510 and Sec. 512 of the Company Guide, including the preambles, in their entirety;

    • delete the text of Rules 14 and 235, including the preambles, and retain the title of each rule and the legend providing that the rule will not be applicable to trading in the Pillar platform; 10

    10See notes 5 & 6, supra. As noted in the Pillar Trading Rules Filing, once trading on the Pillar trading platform begins, specified current Exchange equities trading rules would no longer be applicable, and current Exchange rules governing equities trading that are not identified as inapplicable would continue to govern Exchange operations on its cash equities trading platform. See Pillar Trading Rule Filing, supra note 5, 82 FR at 10815-16.

    • delete the preambles to Rules 14T, 64T, 235T, 236T, 257T, 282.65T and Sec. 510T and 512T of the Company Guide; and

    • delete the “T” modifier in Rules 64T, 236T, 257T, 282.65T and Sec. 510T and 512T of the Company Guide which distinguished such rules from the T+3 rules.

    The Exchange proposes that the changes described herein would take effect on September 5, 2017, to coincide with the transition to T+2. The Exchange will announce via Information Memo the implementation of Rules 14T, 64T, 235T, 236T, 257T, 282.65T and Sec. 510T and 512T of the Company Guide and the operative date of the deletion of Rules 64, 236, 257, 282.65, and Sec. 510 and Sec. 512 of the Company Guide.

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,11 in general, and further the objectives of Section 6(b)(5) of the Act,12 in particular, because it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.

    11 15 U.S.C. 78f(b).

    12 15 U.S.C. 78f(b)(5).

    In particular, the Exchange believes that the proposed changes remove impediments to and perfect the mechanism of a free and open market by adding clarity as to which rules are operative and when, thereby reducing potential confusion, and making the Exchange's rules easier to navigate. The Exchange also believes that eliminating obsolete material from its rulebook also removes impediments to and perfects the mechanism of a free and open market by removing confusion that may result from having obsolete material in the Exchange's rulebook. The Exchange believes that eliminating such obsolete material would not be inconsistent with the public interest and the protection of investors because investors will not be harmed and in fact would benefit from increased transparency, thereby reducing potential confusion.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change is not designed to address any competitive issue but rather facilitate the industry's transition to a T+2 regular-way settlement cycle. The Exchange also believes that the proposed rule change will serve to promote clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 13 and Rule 19b-4(f)(6) thereunder.14 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.15

    13 15 U.S.C. 78s(b)(3)(A).

    14 17 CFR 240.19b-4(f)(6).

    15 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 16 of the Act to determine whether the proposed rule change should be approved or disapproved.

    16 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSEAMER-2017-01 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEAMER-2017-01. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEAMER-2017-01 and should be submitted on or before August 23, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17

    17 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-16212 Filed 8-1-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81228; File No. SR-NYSEMKT-2017-43] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Adopt Transaction Fees in Connection With the Exchange's Transition to a Fully-Automated Cash Equities Market July 27, 2017.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and