Page Range | 8657-8803 | |
FR Document |
Page and Subject | |
---|---|
82 FR 8799 - Enhancing Public Safety in the Interior of the United States | |
82 FR 8793 - Border Security and Immigration Enforcement Improvements | |
82 FR 8791 - National School Choice Week, 2017 | |
82 FR 8669 - Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-Accountability and State Plans; Open Licensing Requirement for Competitive Grant Programs; Family Educational Rights and Privacy Act | |
82 FR 8667 - Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing | |
82 FR 8766 - Sunshine Act Meeting | |
82 FR 8663 - Construction of the Keystone XL Pipeline | |
82 FR 8661 - Construction of the Dakota Access Pipeline | |
82 FR 8659 - Construction of American Pipelines | |
82 FR 8770 - Sunshine Act Meetings | |
82 FR 8657 - Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects | |
82 FR 8770 - Sunshine Act Meeting | |
82 FR 8752 - Sunshine Act Meetings | |
82 FR 8752 - Sunshine Act Meeting | |
82 FR 8726 - Proposed Information Collection; Comment Request; NOAA Space-Based Data Collection System (DCS) Agreements | |
82 FR 8786 - Proposed Collection; Comment Request for Announcement 2004-38 | |
82 FR 8787 - Notice of Meeting; United States Institute of Peace | |
82 FR 8752 - Appraisal Subcommittee; Notice of Meeting | |
82 FR 8730 - Submission for OMB Review; Comment Request | |
82 FR 8728 - 36(b)(1) Arms Sales Notification | |
82 FR 8722 - Citric Acid and Certain Citrate Salts From Canada: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 | |
82 FR 8688 - Revision of Import and Export Requirements for Controlled Substances, Listed Chemicals, and Tableting and Encapsulating Machines, Including Changes To Implement the International Trade Data System (ITDS); Revision of Reporting Requirements for Domestic Transactions in Listed Chemicals and Tableting and Encapsulating Machines; and Technical Amendments | |
82 FR 8776 - Meeting of the Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on Planning and Procedures; Notice of Meeting | |
82 FR 8776 - Meeting of the Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on NuScale; Notice of Meeting | |
82 FR 8773 - Waste Control Specialists LLC's Consolidated Interim Spent Fuel Storage Facility Project | |
82 FR 8732 - 36(b)(1) Arms Sales Notification | |
82 FR 8786 - Submission for OMB Review; Comment Request | |
82 FR 8787 - Submission for OMB Review; Comment Request | |
82 FR 8771 - Waste Control Specialists LLC's Consolidated Interim Spent Fuel Storage Facility Project | |
82 FR 8730 - 36(b)(1) Arms Sales Notification | |
82 FR 8762 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Bureau of Justice Assistance Application Form: Public Safety Officers Educational Assistance | |
82 FR 8719 - Notice of Public Meeting of the Nevada State Advisory Committee | |
82 FR 8766 - Extension of Information Collection; Comment Request | |
82 FR 8694 - Civil Penalties | |
82 FR 8720 - Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 | |
82 FR 8760 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Request for ATF Background Investigation Information (ATF F 8620.65) | |
82 FR 8785 - Notice of Determinations; Culturally Significant Object Imported for Exhibition Determinations: “Marc Chagall, Flowers and the French Riviera: The Color of Dreams” Exhibition | |
82 FR 8724 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results of the Second Five-Year Sunset Review of the Antidumping Duty Order | |
82 FR 8723 - Certain Artist Canvas From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order | |
82 FR 8762 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection | |
82 FR 8764 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection | |
82 FR 8763 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection | |
82 FR 8759 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Request for ATF Background Investigation Information (ATF F 8620.65) | |
82 FR 8750 - Records Governing Off-the-Record Communications; Public Notice | |
82 FR 8751 - HL Power Company, A California Limited Partnership; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization | |
82 FR 8745 - Luz Solar Partners Ltd., IV; Supplemental Notice That Initial Market-Based Rate Filing Includes Request For Blanket Section 204 Authorization | |
82 FR 8745 - Luz Solar Partners Ltd., III; Supplemental Notice That Initial Market-Based Rate Filing Includes Request For Blanket Section 204 Authorization | |
82 FR 8746 - Combined Notice of Filings #2 | |
82 FR 8739 - Order on Simultaneous Transmission Import Limit Values for the Southwest Region and Providing Direction on Submitting Studies | |
82 FR 8747 - Combined Notice of Filings #1 | |
82 FR 8751 - Combined Notice of Filings | |
82 FR 8777 - President's Commission on White House Fellowships Advisory Committee: Closed Meeting | |
82 FR 8725 - Notice of Renewal of the Marine Protected Areas Federal Advisory Committee | |
82 FR 8758 - Agency Information Collection Activities: Submission for OMB Review; Comment Request | |
82 FR 8765 - Agency Information Collection Activities; Proposed eCollection eComments Requested; New Collection | |
82 FR 8694 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Revision of Bycatch Reduction Device Testing Manual | |
82 FR 8779 - SEC Advisory Committee on Small and Emerging Companies | |
82 FR 8726 - Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery | |
82 FR 8761 - Agency Information Collection Activities; Proposed eCollection eComments Requested; New Collection | |
82 FR 8719 - Notice of Public Meeting of the Indiana Advisory Committee for New Committee Orientation and a Discussion of Civil Rights Concerns in the State | |
82 FR 8746 - Combined Notice of Filings | |
82 FR 8738 - Combined Notice of Filings | |
82 FR 8737 - Combined Notice of Filings | |
82 FR 8736 - Combined Notice of Filings | |
82 FR 8743 - Combined Notice of Filings | |
82 FR 8749 - Combined Notice of Filings | |
82 FR 8742 - Combined Notice of Filings | |
82 FR 8737 - Combined Notice of Filings #2 | |
82 FR 8741 - Combined Notice of Filings #1 | |
82 FR 8784 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “ | |
82 FR 8738 - Lock + Hydro Friends Fund V; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications | |
82 FR 8739 - PennEast Pipeline Company, LLC; Notice of Revised Schedule for Environmental Review of the Penneast Pipeline Project | |
82 FR 8735 - Commission Information Collection Activities (Ferc-603); Comment Request; Extension | |
82 FR 8744 - National Fuel Gas Supply Corporation; Notice of Request Under Blanket Authorization | |
82 FR 8747 - UGI LNG, Inc.: Notice of Intent To Prepare an Environmental Assessment for the Proposed Temple Truck Rack Expansion Project, and Request for Comments on Environmental Issues | |
82 FR 8767 - Request for Letters of Intent To Apply for 2017 Pro Bono Innovation Fund Grants | |
82 FR 8785 - Notice of Determinations: Culturally Significant Objects Imported for Exhibition Determinations: “Small Wonders: Gothic Boxwood Miniatures” Exhibition | |
82 FR 8755 - Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery | |
82 FR 8734 - Submission for OMB Review; Comment Request | |
82 FR 8752 - Cooperativa de Médicos Oftalmólogos de Puerto Rico (OftaCoop); Analysis to Aid Public Comment | |
82 FR 8689 - Update to Competitive Product List | |
82 FR 8779 - Aspiration Funds and Aspiration Fund Adviser, LLC; Notice of Application | |
82 FR 8777 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 7130 (Execution and Price/Time Priority) To Include a Participant ID, if Elected, To Be Included in BOX's Proprietary High Speed Vendor Feed (“HSVF”) for Orders Exposed Pursuant to Rule 7130(b)(3)(ii) | |
82 FR 8780 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Order Approving a Proposed Rule Change To Implement a Change to the Methodology Used in the MBSD VaR Model | |
82 FR 8757 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed Meetings | |
82 FR 8758 - National Heart, Lung, and Blood Institute; Notice of Closed Meeting | |
82 FR 8758 - National Heart, Lung, And Blood Institute; Notice of Closed Meeting | |
82 FR 8758 - National Cancer Institute; Amended Notice of Meeting | |
82 FR 8720 - Estimates of the Voting Age Population for 2016 | |
82 FR 8785 - Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary with EUROCAE WG-44 | |
82 FR 8696 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2017 | |
82 FR 8671 - Safety Standard for Sling Carriers | |
82 FR 8670 - Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation |
International Trade Administration
National Oceanic and Atmospheric Administration
Navy Department
Federal Energy Regulatory Commission
National Institutes of Health
Substance Abuse and Mental Health Services Administration
Alcohol, Tobacco, Firearms, and Explosives Bureau
Drug Enforcement Administration
Parole Commission
Labor-Management Standards Office
Federal Aviation Administration
National Highway Traffic Safety Administration
Internal Revenue Service
Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
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Office of Elementary and Secondary Education; Office of the Chief Privacy Officer, Office of Management; Office of the Secretary; Department of Education.
Final regulations; delay of effective dates.
In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” published in the
Effective January 30, 2017, the effective date of the final rules published on November 29, 2016 at 81 FR 86076; January 19, 2017 at 82 FR 7376; and January 19, 2017 at 82 FR 6252, respectively, is delayed to March 21, 2017.
Hilary Malawer, Assistant General Counsel, U.S. Department of Education, 400 Maryland Avenue SW., Room 6E231, Washington, DC 20202. Telephone: (202) 401-6148 or by email:
If you use a telecommunications device for the deaf or text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.
On January 20, 2017, the Assistant to the President and Chief of Staff issued a memorandum entitled, “Regulatory Freeze Pending Review.” This memorandum directed heads of executive departments and agencies to take certain steps to ensure that the President's appointees and designees have the opportunity to review new or pending regulations. It instructed agencies to temporarily postpone the effective dates of regulations that had been published in the
This is the first of several regulatory actions the Department intends to take regarding regulations that have been published in the
You may also access documents of the Department published in the
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Administrative practice and procedure; Elementary and secondary education; Grant programs-education; Private schools; Reporting and recordkeeping requirements.
Farm Credit System Insurance Corporation.
Final rule.
This rule implements inflation adjustments to civil money penalties (CMPs) that the Farm Credit System Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 1971, as amended. These adjustments are required by 2015 amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990.
This rule will become effective January 30, 2017.
Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883-4380, TTY (703) 883-4390.
The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act)
FCSIC must enact regulations that annually adjust its CMPs pursuant to the inflation adjustment formula of the amended Inflation Adjustment Act and rounded using a method prescribed by the Inflation Adjustment Act. The new amounts will apply to penalties assessed on or after the effective date of this rule. Agencies do not have discretion in choosing whether to adjust a CMP, by how much to adjust a CMP, or the methods used to determine the adjustment.
First, section 5.65(c) of the Farm Credit Act, as amended (Act), provides that any insured Farm Credit System bank that willfully fails or refuses to file any certified statement or pay any required premium shall be subject to a penalty of not more than $100 for each day that such violations continue, which penalty FCSIC may recover for its use.
FCSIC's current § 1411.1 provides that FCSIC can impose a maximum penalty
The 2015 Act requires agencies to make annual adjustments for inflation. Annual inflation adjustments are based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI-U) preceding the date of the adjustment, and the prior year's October CPI-U. In this case, the change between the October 2016 CPI-U (241.729) and the October 2015 CPI-U (237.838) = 1.01636. Multiplying 1.01636 times the current penalty amount of $198, after rounding to the nearest dollar as required by the 2015 Act, results is a new penalty amount of $201.
In accordance with the 2015 Act, Federal agencies shall adjust civil monetary penalties “notwithstanding” Section 553 of the Administrative Procedures Act. This means that public procedure generally required for agency rulemaking—notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.
Banks, banking, Civil money penalties, Penalties.
For the reasons stated in the preamble, part 1411 of chapter XIV, title 12 of the Code of Federal Regulations is amended to read as follows:
12 U.S.C. 2277a-7(10), 2277a-14(c) and (d); 28 U.S.C. 2461
In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, a civil money penalty imposed pursuant to section 5.65(c) or (d) of the Farm Credit Act of 1971, as amended, shall not exceed $201 per day for each day the violation continues.
Consumer Product Safety Commission.
Final rule.
The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” applicable voluntary standards, or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is issuing a safety standard for infant slings (sling carriers) in response to the direction of section 104(b) of the CPSIA. In addition, the Commission is amending its regulations regarding third party conformity assessment bodies to include the mandatory standard for slings in the list of Notices of Requirements (NOR) issued by the Commission.
This rule is effective January 30, 2018. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 30, 2018.
Daniel Dunlap, Compliance Officer, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: 301-504-7733; email:
The CPSIA was enacted on August 14, 2008. Section 104(b) of the CPSIA, part of the Danny Keysar Child Product Safety Notification Act, requires the Commission to: (1) Examine and assess the effectiveness of voluntary consumer product safety standards for durable infant or toddler products, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts; and (2) promulgate consumer product safety standards for durable infant or toddler products. Standards issued under section 104 are to be “substantially the same as” the applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product.
The term “durable infant or toddler product” is defined in section 104(f)(1) of the CPSIA as “a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years.” Section 104(f)(1)(H) provides that the term “durable infant or toddler product” includes “infant carriers.”
In this document, the Commission is issuing a safety standard for sling carriers.
Because the voluntary standard on infant slings, ASTM 2907-15,
On July 23, 2014, the Commission issued an NPR for sling carriers. 79 FR 42724. The NPR proposed to incorporate by reference the voluntary standard, ASTM F2907-14a,
In this document, the Commission is issuing a mandatory safety standard for sling carriers. As required by section 104(b)(1)(A), the Commission consulted with manufacturers, retailers, trade organizations, laboratories, consumer advocacy groups, consultants, and the public to develop this standard, largely through the ASTM process. The rule incorporates by reference the most recent voluntary standard, developed by ASTM International, ASTM F2907-15, with one modification.
In addition, the final rule amends the list of NORs issued by the Commission in 16 CFR part 1112 to include the standard for sling carriers. Under section 14 of the Consumer Product Safety Act (CPSA), the Commission promulgated 16 CFR part 1112 to establish requirements for accreditation of third party conformity assessment bodies (or testing laboratories) to test for conformity with a children's product safety rule. Amending part 1112 adds to the list of children's product safety rules a NOR for the sling carriers standard.
The scope section of ASTM F2907-15 defines a “sling carrier” as “a product of fabric or sewn fabric construction, which is designed to contain a child in an upright or reclined position while being supported by the caregiver's torso.” These products typically are intended for children starting at full-term birth, until a weight of about 35 pounds. The designs of infant slings vary, but the designs generally range from unstructured hammock-shaped products that suspend from the caregiver's body, to long lengths of material or fabric that are wrapped around the caregiver's body. Infant slings normally are worn with the infant positioned on the front, hip, or back of the consumer, and with the infant facing toward or away from the consumer. As stated in the “sling carrier” definition, these products generally allow the infant to be placed in an upright or reclined position. However, the reclined position is intended to be used only when the infant is worn on the front of the consumer. The ability to carry the infant in a reclined position is the primary feature that distinguishes sling carriers from soft infant and toddler carriers, another subset of sling carriers. The Commission has identified three broad classes of sling carrier products available in the United States:
Ring slings are hammock-shaped fabric products, in which one runs fabric through two rings to adjust and tighten the sling.
Pouch slings are similar to ring slings but do not use rings for adjustment. Many pouch slings are sized, rather than designed, to be adjustable. Other pouch slings are more structured and use buckles or other fasteners to adjust the size.
Wrap slings are generally composed of a long length of fabric, up to approximately 6 yards long, and up to 2 feet wide. A wrap sling is completely unstructured with no fasteners or other means of structure; instead, the caregiver uses different methods of wrapping the material around the caregiver's body and the child's body to support the child. Wrap-like slings mimic the manner in which a wrap supports the child, but they use fabric in other manners, such as loops, to reduce the need for caregivers to learn wrapping methods.
ASTM F2907 does not distinguish among the type of slings. The voluntary standard's requirements apply equally to all slings.
In the NPR, CPSC staff reported that it had identified 47 suppliers of sling carriers to the U.S. market, including 33 companies based in the United States and 14 foreign companies that exported directly to U.S. customers via Internet sales or to U.S. retailers. The 33 U.S.-based firms included 25 manufacturers, four importers, and four firms for which the supply source was not identified. Under U.S. Small Business Administration (SBA) definitions, all but one of the 47 firms would be considered a “small business.” The NPR also noted that “there may be hundreds more suppliers that produce small quantities of slings.” In response to the NPR, the Commission received comments, including from the SBA, concerning the rule's potential impact on small businesses. As explained further in section IX of this preamble, the final regulatory flexibility analysis (FRFA) uses information provided by The Baby Carrier Alliance Institute (BCIA) to expand on the discussion in the NPR and give additional information about the rule's possible effect on small businesses.
The market price of sling carriers varies, depending on the type of sling carriers. Ring slings are generally the least expensive, with prices ranging from $40 to $200, and an average price of $100. Handwoven wraps have a price range of $200 to $800 per wrap. Machine-woven wraps range in price from $65 to $400, with an average price of about $150. The BCIA provided no information on pouches, but pricing is believed to be similar to ring slings.
More recently, information provided by the BCIA confirms the role of numerous small and very small artisanal manufacturers in the sling market. The BCIA identified more than 324 U.S. manufacturers of slings, wraps, and pouches, including both members and non-members of BCIA, many of which are
According to the BCIA, a common scenario for the development of a very small sling manufacturer starts with a mother using various slings or soft carriers and then deciding to make her own design in her home. Some of these home businesses grow into larger businesses that become more specialized and sophisticated, typically designing and marketing their own products, but having the product manufactured overseas. Based on emails with the BCIA, and CPSC staff's review of sling Web sites, the newer home businesses generally may not know about the sling carrier voluntary standard or realize they may be subject to existing federal regulations on children's products, such as the CPSIA
The BCIA reports that dollar sales for the 324 manufacturers they identified amount to approximately $36 million annually. Unit sales for these manufacturers are estimated to be about 500,000 annually. Given the exclusion of some of the larger wrap and pouch manufacturers from the total provided by the BCIA, we estimate annual unit sales at 800,000 to 1 million and dollar sales to be about $55 million to $70 million annually.
In 2013, the CPSC conducted a Durable Nursery Product Exposure Survey (DNPES) of U.S. households with children under age 6. Data from the DNPES indicate that there were an estimated 7.33 million slings in U.S. households in 2013 (with 95 percent probability that the actual value is between 6.2 million and 8.5 million). The survey data also indicated that about 23.4 percent of the slings in U.S. households were currently in use (an estimated 1.72 million slings, with 95 percent probability that the actual value is between about 1.17 million and 2.26 million).
In the NPR briefing package, CPSC staff identified a total of 122 sling carrier-related incidents, including 16 fatalities and 54 injuries that reportedly occurred from January 2003 through October 27, 2013. Since the extraction of the data for the NPR briefing package, CPSC staff has received 37 new reports (1 fatal and 36 nonfatal) related to sling carriers, reported between October 28, 2013 and September 15, 2016. Although reporting is ongoing, most of the new reports of incidents received, thus far, show a date of occurrence in 2014. Among the incidents where the age of the victim was reported, the children were 10 months old or younger. Among these new reports of incidents:
The number of emergency department-treated injuries associated with sling carriers for the period covered was insufficient to derive any reportable national estimates. Therefore, reportable injury estimates cannot be calculated.
There were no new hazard patterns identified among the 37 reports received by the CPSC since publication of the sling carrier NPR; the hazards identified in the 37 new incidents are consistent with the hazard patterns identified among the incidents present in the NPR briefing package. Those hazard patterns were:
Problems with
The voluntary standard for sling carriers was first approved and published in 2012, as ASTM F2907-12,
The NPR solicited information and comments concerning all aspects of the proposed rule. The NPR also specifically asked for comments regarding the proposed 12-month effective date, the changes that were under consideration by ASTM at the time of the NPR, and the costs of labeling. The Commission received 188 comments from 162 commenters. Twenty-seven commenters submitted two or more comments, while two comments were signed by multiple people. Staff divided the comments into 11 major topic areas, and summary responses follow. The 11 major topic areas are listed below:
12-month effective date;
ASTM balloted item;
Changes to test equipment;
Consumer education;
Consumer use, misuse, and user error;
Durable product definition and wrap exemption requests;
Economic burden;
Existing rules: Product registration card and soft infant and toddler carriers (16 CFR 1126);
Incident data;
Instructions and labeling;
Periodic testing: Costs, frequency, and necessity; and
Miscellaneous other.
For these reasons, the Commission agrees with the comments and concludes that ASTM F2907-15 is the most appropriate version of the standard to codify as a final rule.
Age of children carried in sling carriers.
○ One reported incident victim was 3 years old, which demonstrates that
○ The voluntary standard (F2907) defines a “sling carrier” for use up to 35 pounds. Three-year-old children are likely to still be within this weight limit, and some 4- and 5-year-old children may be less than 35 pounds.
Durability of sling carrier parts.
○ Although wraps and pouch slings are all-fabric products, ring slings, modifications of wraps and pouch slings, and other products that meet the definition of a “sling carrier” also contain parts that are considered durable from an engineering perspective and suggest that they were selected for long-term use. In addition, the test methods in ASTM F2907 combine to ensure that slings meet a minimum level of durability.
Reuse of sling carriers.
○ Two incidents involved a hand-me-down sling carrier. One sling was reported to have been received from a relative, and the other sling carrier was reported to have been used for the infant's older sibling.
○ Preliminary data from CPSC's durable nursery product survey indicate that only 4 percent of respondents throw away used sling carriers; and 96 percent of respondents save the sling carrier for later use, sell the sling carrier, or give away the sling carrier. In addition, the CPSC's durable nursery products survey indicated that approximately one-fifth of sling carrier frequent users obtain their sling carrier second hand.
○ With 96 percent of survey respondents to CPSC's durable nursery products survey indicating that the sling carrier was saved or otherwise passed on to another caregiver, it is foreseeable that some sling carriers are likely to be used by more than one child. In addition, sling carriers appear to be bought and sold on resale markets.
Recalls of sling carriers.
○ CPSC issued a recall in March 2008, regarding a certain sling carrier that was manufactured in March and April 2007. CPSC received reports of incidents involving sling carriers subject to the recall more than 5 years after the recall announcement.
○ CPSC issued a recall in March 2010, regarding a different sling carrier that was sold from 2003 to 2010. That recall was reissued as a safety alert 2 years later because the sling carriers subject to the recall were found in the marketplace.
No commenters provided data suggesting that slings, or specifically wraps, are not infant carriers, or are single-use/single-user products that are categorically used for short periods of time only, or are otherwise intended to have a very short lifespan. Therefore, the Commission concludes that wraps are infant carriers that meet the definition of “durable nursery products” under CPSIA section 104. Additional discussion of these issues is included in the FRFA.
The FRFA also includes an expanded discussion of sling injuries and injury rates, and what we know about the injuries involving slings produced by small and very small firms. This discussion is included in the section of the FRFA titled, “Sling Injuries and Risk Estimates.”
Finally, the FRFA substantially expanded the discussion of the likely impacts of the rule on small and very small sling producers. Based largely on the information from the BCIA, as well as some information provided in the comments from Advocacy, staff developed four hypothetical “representative” producers: (1) A hand weaver, (2) a ring sling producer, (3) a machine weaver, and (4) a mass producer. For each of these producers, staff developed estimates of annual sales, average unit sales prices, and the number of style/fabric combinations likely to be produced by the firms, all of which will affect the estimated costs of the rule. For the very small representative firms (
Determining that slings are not durable infant or toddler products and terminate rulemaking;
Delaying the effective date of the requirements;
Exempting wraps (a specific type of sling made entirely of fabric) from the requirements of standard;
Allowing a small batch exemption for small manufacturers (this alternative
Amending the existing CPSC regulation at 16 CFR part 1107 to reduce the frequency of periodic testing required for small or home-based sling producers; or
Adopting ASTM F2907-15 with no changes, and directing staff to work with ASTM to address the staff-recommended change.
The ASTM F2907-15 requirements that are most relevant to this issue are those pertaining to warning label permanency. Section 8.3 of ASTM F2907-15 states that warning labels shall be permanent, and section 5.7 specifies that warning label permanence is determined by testing in accordance with section 7.3, which includes requirements for labels attached with a seam. Section 5.7 includes two subsections that address permanency requirements for labels that are applied directly to the surface of the sling (5.7.1;
“5.7.3 Warning labels that are attached to the fabric with seams shall remain in contact with the fabric around the entire perimeter of the label, when the sling is in all manufacturer-recommended use positions.”
For uniformity, and to avoid confusion, CPSC staff ordinarily would recommend that the final rule include a provision that differs from section 8.1.1 of ASTM F2907-15 so that it is consistent with the Ad Hoc task group recommendation. However, the current voluntary standard includes a requirement that the product be marked with the Web site, if applicable. The analogous Ad Hoc task group requirement includes no such mandate. One possible resolution would be to use the Ad Hoc task group recommendation, but add the Web site as an additional required element. However, this change would result in a requirement whose content is identical to the current voluntary standard requirement. Given this finding and staff's belief that retaining the Web site marking requirement is important, staff did not recommend that the mandatory rule differ from this section of ASTM F2907. Staff believes that it would be more appropriate to refrain from incorporating the Ad Hoc task group recommendations until the ASTM subcommittee considers future revisions to the standard. The final rule follows this approach.
The commenter suggesting bulk testing of fibers and woven fabric is referring to component part testing, which is allowed and described in 16 CFR part 1109, Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification, to Meet Testing and Certification Requirements. Third party test results of bulk component material may be used for certification purposes for all products using the bulk material to which the tests apply.
Additionally, 16 CFR 1107.23 requires that the certification testing be repeated whenever the manufacturer makes a material change in the product. A material change is defined in 16 CFR 1107.2 as:
“ . . . any change in the product's design, manufacturing process, or sourcing of component parts that a manufacturer exercising due care knows, or should know, could affect the product's ability to comply with the applicable rules, bans, standards, or regulations.”
As described in 16 C FR1107.21(c)(2), a production testing plan is a written plan describing actions taken by a manufacturer, other than third party testing, to help ensure continued compliance of a children's product. This written plan would include a description of the actions, (
All product changes are not necessarily material changes. Only changes that a manufacturer, exercising due care, knows, or should know, could affect the product's ability to comply with the requirements are material changes. Therefore, for a hand weaver, this requirement may mean that a change in yarn alone is not necessarily a material change, unless the new yarn could affect the compliance of the finished product. For example, sourcing yarn from a different supplier is considered a material change because the hand weaver cannot assume that the new yarn has the same mechanical properties as previously used yarns. Furthermore, only the rules affected by a material change require third party testing. For example, if a hand weaver changes the color of a yarn, unless the coloring process affects the mechanical strength of the yarn, material change testing to ASTM F2907 section 7.1, Static Load Test, is not required.
Periodic testing frequency is determined outside this particular rule by 16 CFR part 1107, which is outside the current rulemaking effort.
Regarding the comment requesting “basic licensure or proof of competency per manufacturer/weaver,” this is not an option available to the Commission because it is not within the jurisdiction of the CPSC to conduct pre-market testing or certify manufacturers for any industry. Consequently, the final rule does not make such a change.
(a) Flammability—There shall be no Class 2 or 3 fabrics used in the construction of a sling carrier when the product is evaluated against the requirements of 16 CFR part 1610.
The regulation at 16 CFR part 1610 is the standard that regulates clothing textile flammability, Standard for the Flammability of Clothing Textiles. Woven fabrics used for slings are in the same category of clothing textiles. Accordingly, they also need to pass the clothing flammability standard. Part 1610 provides exemptions for certain types of fabrics, and the majority of fabrics used for slings are heavier and of the type already exempted from flammability testing. Therefore, a sling that uses plain-surface fabric weighing 2.6 oz./sq. yard or more, or fabrics derived from any of the following fibers or created entirely from a combination of these fibers: Acrylic, modacrylic, nylon, olefin, polyester, and wool, will meet the requirements of the standard without flammability testing. Only products that are “incapable of being evaluated to the requirements of 16 CFR 1610” are required to undergo flammability tests under 16 CFR 1500.3(c)(6)(vi).
The BCIA estimated that firms that had not previously prepared instructions would require 30 to 60 hours of labor, and/or paid consultants, as well. If the remaining 265 firms require 45 hours, on average, then the impact per-firm would be about $1,500 ($33.29 × 45). Thus, the cost could average $166 for firms that already provide the literature and $1,500 for those that do not. Once the literature has been created, it would not need to be modified, unless the manufacturer makes changes to a model that renders portions of the literature obsolete. However, the cost of subsequent modifications to the literature is likely to be less than the cost of its initial design.
Section 1228.2(a) of the final rule provides that sling carriers must comply with ASTM F2907-15. The rule incorporates the ASTM standard by reference with one modification. The rule modifies the ASTM standard to address concerns about the ease with which required warning labels can be removed if attached by only one seam. The Commission determines that this modification to ASTM F2907-15 is more stringent than the voluntary standard and would further reduce the risk of injury associated with sling carriers.
The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. These regulations require that, for a final rule, agencies must discuss in the preamble of the rule the way that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble of the rule must summarize the material. 1 CFR 51.5(b).
In accordance with the OFR's requirements, the discussion in this section summarizes the provisions of ASTM F2907-15. Interested persons may purchase a copy of ASTM F2907-15 from ASTM, either through ASTM's Web site, or by mail at the address provided in the rule. A copy of the standard may also be inspected at the CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, or at NARA, as discussed below. We note that the Commission and ASTM arranged for commenters to have “read-only” access to ASTM F2907-15 during the NPR's comment period.
ASTM F2907-15 contains requirements covering:
Laundering;
Hazardous sharp points or edges;
Small parts;
Lead in paint;
Wood parts;
Locking and latching mechanisms;
Warning labelling;
Openings;
Scissoring, shearing, and pinching;
Monofilament threads; and
Flammability.
The final rule amends part 1112 to add a new section 1112.15(b)(39), which lists 16 CFR part 1228,
The Administrative Procedure Act (APA) generally requires that the effective date of a rule be at least 30 days after publication of the final rule. 5 U.S.C. 553(d). Without evidence to the contrary, CPSC generally considers 6 months to be sufficient time for suppliers to come into compliance with a new standard; and a 6-month effective date is typical for other CPSIA section 104 rules. Six months is also the period that JPMA typically allows for products in the JPMA certification program to transition to a new standard once that standard is published.
However, given the large number of very small suppliers who will potentially experience significant economic impacts, in addition to the lack of established history of compliance with the voluntary standard, the rule provides a 12-month effective date. The Commission proposed a 12-month effective date in the NPR, and received six comments on the proposed effective date; all but one agreed that 12 months was an appropriate effective date for this product. Notably, comments supporting the proposed 12-month effective date included comments from the SBA's Office of Advocacy.
The safety standard for sling carriers and the corresponding changes to part 1112 regarding requirements for third party conformity assessment bodies will become effective 12 months after publication of the final rule in the
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires that agencies review a proposed rule and a final rule for the rule's potential economic impact on small entities, including small businesses, and identify alternatives that may reduce such impact. Section 604 of the RFA generally requires that agencies prepare a final regulatory flexibility analysis (FRFA) when promulgating final rules, unless the head of the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The NPR included an initial regulatory flexibility analysis (IRFA), describing the possible impacts of the proposed rule on small entities. Specifically, the FRFA must contain:
A statement of the need for, and objectives of, the rule.
A statement of the significant issues raised by the public comments in response to the IRFA. A statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments.
The response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments.
A description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available.
A description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities necessary for preparation of the report or record.
A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes,
The Danny Keysar Child Product Safety Notification Act, section 104 of the CPSIA, requires the CPSC to promulgate mandatory standards for nursery products that are substantially the same as, or more stringent than, the voluntary standard. The Commission worked closely with ASTM to develop the new requirements and test procedures that have been incorporated into ASTM F2907-15, which the Commission incorporates by reference.
The Commission is incorporating by reference the current voluntary standard, with one modification regarding label attachment, to form the final rule. Some of the more significant requirements of the current voluntary standard for sling carriers (ASTM F2907-15) include static and dynamic load testing to check structural integrity of the sling carriers, and occupant-retention testing to check that the child is not ejected from the sling carrier. The standard requires that the buckles, fasteners, and knots that secure the sling carrier remain in position before and after these three performance tests. There is also a separate restraint-system test to help ensure that any restraints used by the sling do not release while in use.
The voluntary standard also includes requirements to address the following issues:
Sharp points and edges,
small parts,
marking and labeling requirements,
flammability requirements,
requirements for the permanency and adhesion of labels, and
requirements for instructional literature.
The rule requires warning labels with specific language in the warnings and specifications for the size and color of the labels. The updated warning statements are intended to provide additional details of the fall and suffocation hazards in an effort to address those hazards. The rule requires manufacturers to provide with their slings instructional literature containing additional warnings not required on labels; the rule does not specify the format of the instructions.
CPSC has not identified any federal or state rule that either overlaps or conflicts with the final rule.
In the NPR, CPSC reported that it had identified 47 suppliers of sling carriers to the U.S. market, including 33 companies based in the United States and 14 foreign companies that exported directly to the U.S. customers via Internet sales or sales to U.S. retailers. The 33 U.S.-based firms included 25 manufacturers, four importers, and four firms for which the supply source was not identified. The NPR also noted that “there may be hundreds more suppliers that produce small quantities of slings.” Since the NPR, information provided by the BCIA confirms the role of numerous small and very small artisanal manufacturers in the sling market. The BCIA has identified more than 324 U.S. manufacturers of slings, wraps, and pouches, including both members and non-members of BCIA. The firms identified by BCIA overlap only partially with the 47 suppliers identified by CPSC staff. The BCIA has also identified some additional hand weavers. Thus, the total number of manufacturers may be about 400.
Because SBA guidelines pertain to U.S.-based entities, this analysis is limited to domestic firms. Under SBA guidelines, a manufacturer of sling carriers is “small” if it has 500 or fewer employees; and importers and wholesalers are “small” if they have 100 or fewer employees. Based on these guidelines, all of the manufacturers, except one (with a large parent corporation), appear to be small businesses. These small businesses consist of approximately 400 U.S. based manufacturers and an unknown number of importers. In addition, there is a subset of these small businesses that we describe as “very small businesses,” which are manufacturers with a single person or a couple working out of the home, with annual revenues of less than $50,000. For analysis, we refer to these suppliers as “very small manufacturers” to distinguish them from the more established manufacturers; however, this is not an official SBA designation.
The Juvenile Products Manufacturers Association (JPMA) and the BCIA have offered assistance to member manufacturers on testing and compliance with the ASTM sling carrier standards. However, the ASTM F2907 sling carrier standards are relatively new, and therefore, there is no established history of conformance to the standard among manufacturers. An email from the head of the BCIA on October 27, 2015 confirms the irregular nature of conformance with various provisions of the F2907 standard.
As of October 2016, only one manufacturer is listed on the JPMA Web site as certified compliant. Some manufacturers claim to be “CPSIA compliant,” but that may refer only to requirements for lead, flammability, labeling, small parts, and sharp edges and not necessarily the ASTM standard. Based on our review of small firm Web sites, a conversation with a small ring sling manufacturer, and a draft magazine article by a small nursing wrap producer, we have identified three additional firms that have conducted testing to some version of the ASTM standard, for a total of four firms. If these four firms already comply fully with the ASTM standard, they should not need to make any additional product changes due to the rule.
For manufacturers that do not already conform, it is difficult to assess the cost impact of the physical changes required for compliance with the standard; this will vary with different product designs and materials. Some of the fabrics currently used in slings include cotton, linen, polyester, modal (a cellulosic-like rayon), silk, bamboo, and various blends of fibers. There are a variety of different designs, some patented. At least one firm has redesigned its products to be subject to the soft carrier standard, rather than the sling standard. Currently, the precise cost of product changes necessary to satisfy testing under the ASTM standard is unknown. Additionally, according to the SBA, stakeholders that contacted the SBA do not agree that the costs to meet the requirements of the ASTM standard will necessarily be minimal. Consequently, we cannot rule out the potential for costs associated with the physical changes to lead to significant economic impacts, especially for very small manufacturers.
In addition to complying with the mechanical requirements of the rule, under section 14 of the CPSA, sling carriers will be subject to third party testing and certification. Once the new requirements become effective, all manufacturers will be subject to the additional costs associated with third party testing and certification requirements under the testing rule,
The majority of the costs associated with the rule will likely be related to testing. Few of the sling carrier manufacturers have the technical capability or the equipment in-house to conduct many of the tests required by the standard, especially the dynamic-load, occupant-retention, and restraint-system tests. Therefore, most small and very small manufacturers will likely have to rely on third party testing during product development and could incur significant testing costs by simply pre-testing to determine initially whether their products comply with the standard and then retesting their products if the designs have to be modified to comply.
According to a BCIA representative, third party testing to the ASTM sling carrier voluntary standard, under the requirements of the
Because very small firms likely will have their products tested in the United States, their costs will be higher than the minimum testing cost of $510 per model sample. Therefore, we use a testing fee of $700 per sample to conduct our analysis of impacts. The $700 would cover all elements of the required testing, including flammability, small parts, sharp edges, instructions, and labels. However, the cumulative effect of the various physical tests, which will be done on a single sample in the order specified in the standard, will render the tested sling unsellable, which adds to the impact of the rule. One commenter estimated that there are 100 domestic hand weavers and 50 foreign hand weavers of slings. For hand-woven slings, for example, the hand weaver will lose the revenue from a $200 to $800 sling, due to the destructive nature of testing. The loss of revenue represents a direct cost of testing and must be considered when evaluating impacts.
Section 9 of ASTM F2907 requires instructions to be provided with each sling and for these instructions to include some standard content, including information on contacting the manufacturer, assembly, adjustment, restraint systems (if applicable), maintenance, cleaning, storage, and use. The final rule also requires instructions to contain images of each manufacturer's recommended carrying position, all warnings that are required to be on the product, and additional safety-related instructions and information, such as the minimum and maximum weight of the child for which the sling is intended, the importance of checking for damaged seams and hardware, and never using the sling when balance or mobility is impaired.
Sling carrier manufacturers that already provide such information, estimated by the BCIA to be at about one-third of the industry, or approximately 135 manufacturers, may have to modify their existing instructions to make sure the instructions have all the content required by ASTM. The additional effort would probably be modest, estimated at 5 hours, if estimates for revisions to instructions for other children's products are comparable. Using an hourly rate of $33.29 to calculate these costs, the total compensation for sales and office workers in private industry in goods-producing industries would amount to about $166 ($33.29 per hour × 5 hours) per firm.
The BCIA estimated that firms that had not previously prepared instructions would require 30 to 60 hours of labor, and possibly outside advice, as well. If the remaining 265 firms require 45 hours, on average, then the impact per firm would be about $1,500 ($33.29 per hour × 45 hours). Thus the cost could average $166 for firms that already provide the literature and $1,500 for those that do not. Once the literature has been created, it would not have to be modified, unless the manufacturer makes changes to a model that render portions of the literature obsolete. The cost of subsequent modifications to the literature is likely to be less than the cost of its initial design.
Based upon our analysis of data provided by the BCIA, the initial certification tests, the periodic tests (individually and in combination), and the cost of instructional material are likely to have a significant impact on all but mass producers of slings, and could cause numerous very small producers to exit the market. Similarly, small importers will also be subject to third party testing and certification requirements. Consequently, these importers will experience the associated costs of compliance. The resulting costs could have a significant impact on these small importers. Additionally, according to the SBA, stakeholders that contacted the SBA do not agree (as suggested in the initial regulatory flexibility analysis) that the costs to meet the requirements of the ASTM standard will necessarily be minimal. Accordingly, we conclude that the final rule will likely have a significant impact on a substantial number of small entities.
The Commission has considered several alternatives that may potentially reduce the impact of the final rule on small businesses. These alternatives are:
The Commission's regulations address whether the agency is required to prepare an environmental assessment or an environmental impact statement. Under these regulations, a rule that has “little or no potential for affecting the human environment,” is categorically exempt from this requirement. 16 CFR 1021.5(c)(1). The final rule falls within the categorical exemption.
This rule contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The preamble to the proposed rule discussed the information collection burden of the proposed rule and specifically requested comments on our estimates. Sections 8 and 9 of ASTM F2907-15 contain requirements for marking, labeling, and instruction literature. These requirements fall within the definition of “collection of information,” as defined in 44 U.S.C. 3502(3).
The Commission received one comment on regarding the information collection of this rule, discussed in section VI.M of this document.
OMB has not yet assigned a control number to this information collection. We will publish a notice in the
Section 26(a) of the CPSA provides that when a consumer product safety standard is in effect and applies to a risk of injury associated with a consumer product, no state (or political subdivision) may establish or continue a provision of a standard or regulation that prescribes requirements for the performance, composition, contents, design, finish, construction, packaging, or labeling of the product dealing with the same risk of injury, unless the state requirement is identical to the federal standard. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an exemption from this preemption under certain circumstances. Section 104(b) of the CPSIA refers to the rules to be issued under that section as “consumer product safety rules.” Therefore, the preemption provision of section 26(a) of the CPSA would apply to a rule issued under section 104.
Section 14(a) of the CPSA imposes the requirement that products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other Act enforced by the Commission, must be certified as complying with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the CPSA requires that certification of children's products subject to a children's product safety rule be based on testing conducted by a CPSC-accepted, third party conformity assessment body. Section 14(a)(3) of the CPSA requires the Commission to publish a NOR for the accreditation of third party conformity assessment bodies (or laboratories) to assess conformity with a children's product safety rule to which a children's product is subject. The
The Commission published a final rule,
Laboratories applying for acceptance as a CPSC-accepted third-party conformity assessment body to test to the new standard for sling carriers would be required to meet the third-party conformity assessment body accreditation requirements in 16 CFR part 1112,
As required by the RFA, staff conducted a FRFA when the Commission issued the part 1112 rule (78 FR 15836, 15855-58). Briefly, the FRFA concluded that the accreditation requirements would not have a significant adverse impact on a substantial number of small test laboratories because no requirements were imposed on test laboratories that did not intend to provide third-party testing services. The only test laboratories that were expected to provide such services were those that anticipated receiving sufficient revenue from the mandated testing to justify accepting the requirements as a business decision. Moreover, a test laboratory would only choose to provide such services if it anticipated receiving revenues sufficient to cover the costs of the requirements.
Based on similar reasoning, amending 16 CFR part 1112 to include the NOR for the sling carriers standard will not have a significant adverse impact on small test laboratories. Moreover, based upon the number of test laboratories in the United States that have applied for CPSC acceptance of accreditation to test for conformance to other mandatory juvenile product standards, we expect that only a few test laboratories will seek CPSC acceptance of their accreditation to test for conformance with the sling carrier standard. Most of these test laboratories will have already been accredited to test for conformity to other mandatory juvenile product standards, and the only costs to them would be the cost of adding the sling carrier standard to their scope of accreditation. For these reasons, the Commission certifies that the NOR amending 16 CFR part 1112 to include the sling carriers standard will not have a significant impact on a substantial number of small entities.
Administrative practice and procedure, Audit, Consumer protection, Reporting and recordkeeping requirements, Third-party conformity assessment body.
Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement, and Toys.
For the reasons discussed in the preamble, the Commission amends Title 16 of the Code of Federal Regulations as follows:
15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 (2008).
(b) * * *
(39) 16 CFR part 1228, Safety Standard for Sling Carriers.
The Consumer Product Safety Improvement Act of 2008, Pub. L. 110-314, § 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).
This part establishes a consumer product safety standard for sling carriers.
(a) Except as provided in paragraph (b) of this section, each sling carrier must comply with all applicable provisions of ASTM F2907-15, Standard Consumer Safety Specification for Sling Carriers, approved on October 15, 2015. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, PA 19428;
(b) In addition to complying with section 5.7.2 of ASTM F2907-15, comply with the following:
(1) 5.7.3 Warning labels that are attached to the fabric with seams shall remain in contact with the fabric around the entire perimeter of the label, when the sling is in all manufacturer recommended use positions.
(2) [Reserved]
Drug Enforcement Administration, Department of Justice.
Final rule; delay of effective date.
On December 30, 2016, the Drug Enforcement Administration published a final rule to implement requirements associated with the International Trade Data System (ITDS) that will help streamline the export/import of tableting and encapsulating machines, controlled substances, and listed chemicals. That rule is scheduled to become effective January 30, 2017. In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” this action hereby temporarily delays until March 21, 2017, the effective date of the final rule entitled “Revision of Import and Export Requirements for Controlled Substances, Listed Chemicals, and Tableting and Encapsulating Machines, Including Changes to Implement the International Trade Data System (ITDS); Revision of Reporting Requirements for Domestic Transactions in Listed Chemicals and Tableting and Encapsulating Machines; and Technical Amendments” (RIN 1117-AB41) published in the
Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.
The Drug Enforcement Administration (DEA) is updating its regulations for the import and export of tableting and encapsulating machines, controlled substances, and listed chemicals, and its regulations relating to reports required for domestic transactions in listed chemicals, gamma-hydroxybutyric acid, and tableting and encapsulating machines. In accordance with Executive Order 13563, the DEA has reviewed its import and export regulations and reporting requirements for domestic transactions in listed chemicals (and gamma-hydroxybutyric acid) and tableting and encapsulating machines, and evaluated them for clarity, consistency, continued accuracy, and effectiveness. The amendments clarify certain policies and reflect current procedures and technological advancements. The amendments also allow for the implementation, as applicable to tableting and encapsulating machines, controlled substances, and listed chemicals, of the President's Executive Order 13659 on streamlining the export/import process and requiring the government-wide utilization of the International Trade Data System (ITDS). This rule additionally contains amendments that implement recent changes to the Controlled Substances Import and Export Act for reexportation of controlled substances among members of the European Economic Area made by the Improving Regulatory Transparency for New Medical Therapies Act. The rule also includes additional substantive and technical and stylistic amendments.
On July 15, 2016, the DEA published a general notice in the
The DEA's implementation of this action without opportunity for public comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) because seeking public comment is impracticable, unnecessary and contrary to the public interest. The temporary delay in the effective date will allow Department of Justice officials an opportunity to review any potential questions of fact, law and policy raised by this regulation, consistent with the Chief of Staff's memorandum of January 20, 2017. Given the imminence of the rule's effective date, seeking prior public comment on this temporary delay would have been impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. For the foregoing reasons, the good cause exceptions in 5 U.S.C. 553(d)(3) also apply to DEA's decision to make today's action effective immediately.
In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review” this action hereby temporarily delays until March 21, 2017, the effective date of the final rule entitled “Revision of Import and Export Requirements for Controlled Substances, Listed Chemicals, and Tableting and Encapsulating Machines, Including Changes to Implement the International Trade Data System (ITDS); Revision of Reporting Requirements for Domestic Transactions in Listed Chemicals and Tableting and Encapsulating Machines; and Technical Amendments” (RIN 1117-AB41) published in the
Postal Regulatory Commission.
Final rule.
The Commission is updating the competitive product list. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The competitive product list, which is republished in its entirety, includes these updates.
David A. Trissell, General Counsel, at 202-789-6800.
This document identifies updates to the competitive product list, which appear as 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List. Publication of the updated product list in the
1. Priority Mail Contract 240 (MC2016-201 and CP2016-290) (Order No. 3548), added October 4, 2016.
2. Priority Mail Contract 242 (MC2016-203 and CP2016-292) (Order No. 3549), added October 4, 2016.
3. Priority Mail Express & Priority Mail Contract 35 (MC2016-205 and CP2016-294) (Order No. 3550), added October 4, 2016.
4. Priority Mail Contract 241 (MC2016-202 and CP2016-291) (Order No. 3551), added October 4, 2016.
5. Priority Mail Contract 243 (MC2016-204 and CP2016-293) (Order No. 3552), added October 4, 2016.
6. First-Class Package Service Contract 64 (MC2016-206 and CP2016-295) (Order No. 3553), added October 5, 2016.
7. Priority Mail & First-Class Package Service Contract 32 (MC2016-209 and CP2016-298) (Order No. 3555), added October 6, 2016.
8. Priority Mail & First-Class Package Service Contract 33 (MC2016-210 and CP2016-299) (Order No. 3556), added October 6, 2016.
9. Priority Mail Express & Priority Mail Contract 36 (MC2016-207 and CP2016-296) (Order No. 3557), added October 6, 2016.
10. Priority Mail & First-Class Package Service Contract 34 (MC2016-211 and CP2016-300) (Order No. 3562), added October 12, 2016.
11. Priority Mail Contract 244 (MC2016-212 and CP2016-301) (Order No. 3563), added October 12, 2016.
12. Priority Mail Contract 245 (MC2017-1 and CP2017-1) (Order No. 3569), added October 17, 2016.
13. Priority Mail Contract 246 (MC2017-2 and CP2017-2) (Order No. 3570), added October 17, 2016.
14. Priority Mail Contract 247 (MC2017-3 and CP2017-3) (Order No. 3571), added October 17, 2016.
15. Priority Mail Express, Priority Mail & First-Class Package Service Contract 11 (MC2017-4 and CP2017-4) (Order No. 3572), added October 17, 2016.
16. Priority Mail Express & Priority Mail Contract 37 (MC2017-6 and CP2017-12) (Order No. 3583), added October 25, 2016.
17. Priority Mail Contract 248 (MC2017-5 and CP2017-11) (Order No. 3584), added October 25, 2016.
18. Parcel Select Contract 17 (MC2016-200 and CP2016-284) (Order No. 3592), added October 27, 2016.
19. Priority Mail Contract 252 (MC2017-10 and CP2017-25) (Order No. 3599), added November 3, 2016.
20. Priority Mail Contract 253 (MC2017-11 and CP2017-26) (Order No. 3600), added November 3, 2016.
21. Priority Mail Contract 249 (MC2017-7 and CP2017-22) (Order No. 3602), added November 3, 2016.
22. Priority Mail Contract 251 (MC2017-9 and CP2017-24) (Order No. 3603), added November 3, 2016.
23. Priority Mail Express Contract 43 (MC2017-12 and CP2017-27) (Order No. 3604), added November 3, 2016.
24. Priority Mail Contract 250 (MC2017-8 and CP2017-23) (Order No. 3605), added November 3, 2016.
25. Priority Mail & Parcel Select Contract 2 (MC2017-13 and CP2017-29) (Order No. 3607), added November 4, 2016.
26. Priority Mail Express Contract 42 (MC2016-208 and CP2016-297) (Order No. 3608), added November 7, 2016.
27. First-Class Package Service Contract 65 (MC2017-14 and CP2017-30) (Order No. 3611), added November 15, 2016.
28. Priority Mail Contract 255 (MC2017-16 and CP2017-32) (Order No. 3613), added November 15, 2016.
29. Priority Mail Contract 254 (MC2017-15 and CP2017-31) (Order No. 3614), added November 15, 2016.
30. Priority Mail Contract 256 (MC2017-17 and CP2017-36) (Order No. 3627), added November 23, 2016.
31. First-Class Package Service Contract 66 (MC2017-20 and CP2017-39) (Order No. 3633), added November 23, 2016.
32. Priority Mail Contract 258 (MC2017-19 and CP2017-38) (Order No. 3636), added November 23, 2016.
33. Priority Mail Express, Priority Mail & First-Class Package Service Contract 12 (MC2017-21 and CP2017-41) (Order No. 3637), added November 28, 2016.
34. Priority Mail Contract 257 (MC2017-18 and CP2017-37) (Order No. 3639), added November 29, 2016.
35. Priority Mail & First-Class Package Service Contract 35 (MC2017-23 and CP2017-43) (Order No. 3643), added December 5, 2016.
36. Priority Mail & First-Class Package Service Contract 36 (MC2017-24 and CP2017-44) (Order No. 3644), added December 5, 2016.
37. Priority Mail & First-Class Package Service Contract 37 (MC2017-25 and CP2017-45) (Order No. 3645), added December 5, 2016.
38. Priority Mail Express, Priority Mail & First-Class Package Service Contract 13 (MC2017-22 and CP2017-42) (Order No. 3646), added December 5, 2016.
39. Priority Mail Contract 261 (MC2017-28 and CP2017-53) (Order No. 3658), added December 13, 2016.
40. Priority Mail Contract 259 (MC2017-26 and CP2017-51) (Order No. 3659), added December 13, 2016.
41. Priority Mail Contract 260 (MC2017-27 and CP2017-52) (Order No. 3661), added December 13, 2016.
42. Priority Mail Contract 262 (MC2017-29 and CP2017-54) (Order No. 3662), added December 14, 2016.
43. Priority Mail Contract 264 (MC2017-31 and CP2017-56) (Order No. 3663), added December 14, 2016.
44. Priority Mail Contract 263 (MC2017-30 and CP2017-55) (Order No. 3664), added December 14, 2016.
45. Priority Mail Contract 265 (MC2017-32 and CP2017-57) (Order No. 3667), added December 14, 2016.
46. Priority Mail Express, Priority Mail & First-Class Package Service Contract 14 (MC2017-33 and CP2017-58) (Order No. 3668), added December 15, 2016.
47. First-Class Package Service Contract 67 (MC2017-34 and CP2017-59) (Order No. 3669), added December 15, 2016.
48. Priority Mail & First-Class Package Service Contract 38 (MC2017-35 and CP2017-60) (Order No. 3674), added December 20, 2016.
49. Priority Mail & First-Class Package Service Contract 39 (MC2017-36 and CP2017-61) (Order No. 3675), added December 20, 2016.
50. Priority Mail & First-Class Package Service Contract 40 (MC2017-37 and CP2017-62) (Order No. 3678), added December 20, 2016.
51. Priority Mail Express & Priority Mail Contract 38 (MC2017-38 and CP2017-63) (Order No. 3679), added December 20, 2016.
52. First-Class Package Service Contract 69 (MC2017-40 and CP2017-65) (Order No. 3686), added December 22, 2016.
53. Priority Mail Contract 268 (MC2017-43 and CP2017-68) (Order No. 3687), added December 22, 2016.
54. Priority Mail Contract 266 (MC2017-41 and CP2017-66) (Order No. 3688), added December 22, 2016.
55. Priority Mail Contract 267 (MC2017-42 and CP2017-67) (Order No. 3689), added December 22, 2016.
56. First-Class Package Service Contract 68 (MC2017-39 and CP2017-64) (Order No. 3691), added December 22, 2016.
57. Priority Mail Contract 269 (MC2017-44 and CP2017-69) (Order No. 3692), added December 22, 2016.
58. Priority Mail Contract 270 (MC2017-45 and CP2017-71) (Order No. 3694), added December 22, 2016.
59. Priority Mail Contract 271 (MC2017-46 and CP2017-72) (Order No. 3696), added December 22, 2016.
60. Priority Mail Contract 272 (MC2017-47 and CP2017-73) (Order No. 3697), added December 23, 2016.
61. Priority Mail & First-Class Package Service Contract 41 (MC2017-48 and CP2017-74) (Order No. 3698), added December 23, 2016.
62. Priority Mail Express Contract 44 (MC2017-49 and CP2017-75) (Order No. 3699), added December 23, 2016.
63. Priority Mail Contract 273 (MC2017-50 and CP2017-76) (Order No. 3700), added December 23, 2016.
64. Priority Mail Contract 274 (MC2017-51 and CP2017-77) (Order No. 3701), added December 27, 2016.
65. Priority Mail Contract 275 (MC2017-52 and CP2017-78) (Order No. 3702), added December 27, 2016.
66. Priority Mail & First-Class Package Service Contract 42 (MC2017-56 and CP2017-82) (Order No. 3703), added December 27, 2016.
67. Priority Mail Contract 277 (MC2017-54 and CP2017-80) (Order No. 3704), added December 27, 2016.
68. First-Class Package Service Contract 70 (MC2017-55 and CP2017-81) (Order No. 3705), added December 27, 2016.
69. Priority Mail Contract 278 (MC2017-57 and CP2017-83) (Order No. 3708), added December 28, 2016.
70. Priority Mail Contract 276 (MC2017-53 and CP2017-79) (Order No. 3715), added December 30, 2016.
The following negotiated service agreements have expired and are being deleted from the Competitive Product List:
1. Priority Mail Contract 66 (MC2014-2 and CP2014-2) (Order No. 1869).
2. Priority Mail Contract 70 (MC2014-8 and CP2014-9) (Order No. 1897).
3. Priority Mail Contract 71 (MC2014-9 and CP2014-10) (Order No. 1914).
4. Priority Mail Contract 72 (MC2014-10 and CP2014-11) (Order No. 1915).
Administrative practice and procedure, Postal Service.
For the reasons discussed in the preamble, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:
39 U.S.C. 503; 3622; 3631; 3642; 3682.
(An asterisk (*) indicates an organizational class or group, not a Postal Service product.)
National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT).
Final rule; delay of effective date.
This action temporarily delays for 60 days the effective date of the rule entitled “Civil Penalties,” published in the
Effective January 25, 2017. The effective date of the rule amending 49 CFR part 578 published at 81 FR 95489, December 28, 2016 is delayed until March 28, 2017.
For legal issues, contact Rebecca Schade, Office of Chief Counsel, at (202) 366-2992. For non-legal issues, contact John Finneran, Office of Vehicle Safety Compliance, at (202) 366-5289.
In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,”
To the extent that 5 U.S.C. 553 is applicable, this action is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(3)(A). Alternatively, NHTSA's implementation of this action without opportunity for public comment, effective immediately upon publication today in the
National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA), Commerce.
Stay of final rule.
In accordance with a January 20, 2017 memo from the White House, we the National Marine Fisheries Service (NMFS) are staying the final rule we published on December 27, 2016 in order to delay its effective date.
Effective January 30, 2017, the final rule that published December 27, 2016, at 81 FR 95056, is stayed until March 21, 2017.
Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email:
On December 27, 2016, NMFS published this final rule making administrative revisions to the Bycatch Reduction Device Testing Manual. The revisions were made in accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico. These changes to management measures do not add to or change any existing Federal regulations. Therefore, no codified text is associated with these changes to management measures.
On January 20, 2017, the White House issued a memo instructing Federal agencies to temporarily postpone the effective date for 60 days after January 20, 2017, of any regulations or guidance documents that have published in the
16 U.S.C. 1801
Nuclear Regulatory Commission.
Proposed rule.
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 as amended (OBRA-90), which requires the NRC to recover approximately 90 percent of its annual budget through fees. The NRC is issuing the fiscal year (FY) 2017 proposed fee rule based on the NRC's Congressional Budget Justification (CBJ): FY 2017 (NUREG 1100, Volume 32), as adjusted to reflect re-baselining reductions approved by the Commission per the staff requirements memorandum for SECY-16-0009, “Recommendations Resulting from the Integrated Prioritization and Re-baselining of Agency Activities,” dated April 13, 2016, in the amount of $952.1 million, a decrease of $50.0 million from FY 2016.
Submit comments by March 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. Because OBRA-90 requires the NRC to collect the FY 2017 fees by September 30, 2017, the NRC will not grant any request for an extension of the comment period.
You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):
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For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the
Michele Kaplan, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-5256, email:
Please refer to Docket ID NRC-2016-0081 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:
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Please include Docket ID NRC-2016-0081 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission publicly available in this docket.
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
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
The NRC's fee regulations are governed primarily by two laws: (1) The Independent Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 9701), and (2) OBRA-90. The OBRA-90 requires the NRC to recover approximately 90 percent of its budget authority through fees; this fee-recovery requirement may exclude amounts appropriated for Waste Incidental to Reprocessing, generic homeland security activities, and Inspector General (IG) services for the Defense Nuclear Facilities Safety Board, as well as any amounts appropriated from the Nuclear Waste Fund. The OBRA-90 first requires the NRC to use its IOAA authority to collect user fees for NRC work that provides specific benefits to identifiable applicants and licensees (such as licensing work, inspections, special projects). The regulations at part 170 of title 10 of the
The NRC is issuing the FY 2017 proposed fee rule based on the NRC's CBJ: FY 2017 (NUREG 1100, Volume 32, ADAMS Accession No. ML16036A086), as adjusted to reflect re-baselining reductions approved by the Commission per the staff requirements memorandum for SECY-16-0009, “Recommendations Resulting from the Integrated Prioritization and Re-baselining of Agency Activities,” dated April 13, 2016 (ADAMS Accession No. ML16104A158), in the amount of $952.1 million, a decrease of $50.0 million from FY 2016. As explained previously, certain portions of the NRC's total budget are excluded from the NRC's fee-recovery amount—specifically, these exclusions include: $1.4 million for waste-incidental-to-reprocessing activities, $1.0 million for IG services for the Defense Nuclear Facilities Safety Board, and $18.0 million and for generic homeland security activities. Also, for the first time, the NRC's FY 2017 CBJ adjusted for re-baselining reductions includes $5 million for advanced reactor infrastructure which was required to be excluded from the fee base. Additionally, approximately 10 percent of the NRC's budget is funded through a congressional appropriation. After accounting for the OBRA-90 exclusions, this 10-percent appropriation, and net billing adjustments—
The FY 2017 proposed fee rule is based on the FY 2017 CBJ, adjusted to reflect re-baselining reductions. In accordance with OBRA-90, the final fee rule will be based on the NRC's actual appropriation rather than the CBJ, and so the NRC will update the final fee schedule as appropriate. If the NRC receives a year-long continuing resolution, then the final fee schedule may look similar to the FY 2016 final fee rule.
The NRC uses an hourly rate to assess fees for specific services provided by the NRC under 10 CFR part 170. The hourly rate also helps determine flat fees (which are used for the review of certain types of license applications). This rate would be applicable to all activities for which fees are assessed under §§ 170.21 and 170.31.
The NRC's hourly rate is derived by adding the budgeted resources for: (1) Mission-direct
For FY 2017,
The NRC proposes to amend the flat application fees that it charges to applicants for import and export licenses, applicants for materials licenses and other regulatory services, and holders of materials in its schedule of fees in §§ 170.21 and 170.31, to reflect the revised hourly rate of $267. The NRC calculates these flat fees by multiplying the average professional staff hours needed to process the licensing actions by the proposed professional hourly rate for FY 2017. The NRC analyzes the actual hours spent performing licensing actions and then estimates the average professional staff hours that are needed to process licensing actions as part of its biennial review of fees, which is required by Section 902 of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(8)). The NRC performed this review in FY 2017 and will perform this review again in FY 2019. The higher hourly rate of $267 is the primary reason for the increase in application fees. Please see work papers (ADAMS Accession No. ML16358A648) for more detail.
The NRC rounds these flat fees in such a way that ensures both convenience for its stakeholders and that any rounding effects are minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, fees between $1,000 and $100,000 are rounded to the nearest $100, and fees greater than $100,000 are rounded to the nearest $1,000.
The proposed licensing flat fees are applicable for import and export
As previously noted, Congress provides 10 percent of the NRC's budget authority through an appropriation. The NRC applies this 10-percent congressional appropriation to offset certain budgeted activities—see Table III for a full listing. These activities are referred to as “fee-relief” activities. Any difference between the 10-percent appropriation and the budgeted amount of these fee-relief activities results in a fee adjustment (either an increase or decrease) to all licensees' annual fees, based on their percentage share of the NRC's budget.
In FY 2017, the NRC's budgeted fee-relief activities fall below the 10-percent appropriation threshold—therefore, the NRC proposes to assess a fee-relief adjustment (
Table IV
In addition to the fee-relief adjustment, the NRC also assesses a generic LLW surcharge of $3.3 million. Disposal of LLW occurs at commercially operated LLW disposal facilities that are licensed by either the NRC or an Agreement State. There are three existing LLW disposal facilities in the United States that accept various types of low-level waste. All are in Agreement States and, therefore, regulated by the State authority. The NRC allocates this surcharge to its licensees based on data available in the DOE Manifest Information Management System. This database contains information on total LLW volumes and NRC usage information from four generator classes: Academic, industry, medical, and utility. The ratio of utility waste volumes to total LLW volumes over a period of time is used to estimate the portion of this surcharge that should be allocated to the power reactors, fuel facilities, and materials fee classes. The materials portion is adjusted to account for the fact that a large percentage of materials licensees are licensed by the Agreement States rather than the NRC.
Table IV shows the surcharge, and its allocation across the various fee classes.
In accordance with SECY-05-0164, “Annual Fee Calculation Method,” dated September 15, 2005, (ADAMS Accession No. ML052580332), the NRC re-baselines its annual fees every year. Re-baselining entails analyzing the budget in detail and then allocating the budgeted costs to various classes or subclasses of licensees. It also includes updating the number of NRC licensees in its fee calculation methodology.
The NRC proposes to revise its annual fees in §§ 171.15 and 171.16 to recover approximately 90 percent of the NRC's FY 2017 budget authority (less non-fee amounts and the estimated amount to be recovered through 10 CFR part 170 fees). The total estimated 10 CFR part 170 collections for this proposed rule are $324.6 million, a decrease of $8.1 million from the FY 2016 final rule. The NRC, therefore, must recover $508.8 million through annual fees from its licensees, which is a decrease of $41.9 million from the FY 2016 final rule.
Table V shows the re-baselined fees for FY 2017 for a representative list of categories of licensees. The FY 2016 amounts are provided for comparison purposes.
The work papers that support this proposed rule show in detail how the NRC allocated the budgeted resources for each class of licenses and how the fees are calculated.
Paragraphs a. through h. of this section describe budgetary resources allocated to each class of licensees and the calculations of the re-baselined fees. For more information about detailed fee calculations for each class, please consult the accompanying work papers.
The NRC proposes to collect $26.8 million in annual fees from the fuel facility class.
In FY 2017, the fuel facilities budgetary resources decreased due to continued construction delays at multiple sites; specifically, significant construction delays are noted for the Shaw Mixed Oxide Fuel Fabrication Facility. Budgetary resources also decreased due to a reduced workload resulting from increased efficiencies within the Fuel Cycle inspection program created by streamlining inspections and guidance development. These decreases cause annual fees to decrease but are offset by a slight decrease in estimated 10 CFR part 170 billings due to changes in the prior year billings. In addition, annual fees for the fuel facilities fee class will be adjusted in the FY 2017 final fee rule with the expected departure of USEC Lead Cascade Gas Centrifuge Enrichment Demonstration facility from the fee class.
The NRC allocates annual fees to individual fuel facility licensees based on the effort/fee determination matrix developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999). To briefly recap, that matrix groups licensees into various categories. The NRC's fuel facility project managers determine the effort levels associated with regulating each category. This is done by assigning separate effort factors for the safety and safeguards activities associated with each category (for more information about this matrix, see the work papers). These effort levels are reflected in Table VII.
For FY 2017, the total budgeted resources for safety activities are $13.4 million. To calculate the annual fee, the NRC allocates this amount to each fee category based on its percent of the total regulatory effort for safety activities. Similarly, the NRC allocates the budgeted resources for safeguards activities, $11.7 million to each fee category based on its percent of the total regulatory effort for safeguards activities. Finally, the fuel facility fee class' portion of the fee-relief adjustment/LLW surcharge—$1.8 million—is allocated to each fee category based on its percent of the total regulatory effort for both safety and safeguards activities. The annual fee per licensee is then calculated by dividing the total allocated budgeted resources for the fee category by the number of licensees in that fee category. The fee for each facility is summarized in Table VIII.
The NRC proposes to collect approximately $1.0 million in annual fees from the uranium recovery facilities fee class, an increase of about ten percent from FY 2016.
Overall, in comparison to FY 2016, the FY 2017 budgetary resources for uranium recovery licensees increased due to additional work expected for new environmental reviews and licensing actions. Further, the estimated 10 CFR part 170 billings increased from the previous year due to the Ludeman expansion, the Willow Creek groundwater restoration review, and the Marsland environmental assessment.
The NRC computes the 10 CFR part 171 annual fee for the uranium recovery fee class by dividing the total annual fee recovery amount between DOE and the other licensees in this fee class. The annual fee increased for the overall fee class due to an increase in the budgeted resources to support contested hearing activities and increased workload for congressional hearings and inquiries. The NRC regulates DOE's Title I and Title II activities under the Uranium Mill Tailings Radiation Control Act (UMTRCA).
Further, for the non-DOE licensees, the NRC continues to use a matrix to determine the effort levels associated with conducting the generic regulatory actions for the different (non-DOE) licensees in this fee class; this is similar to the NRC's approach for fuel facilities, described previously.
The matrix methodology for uranium recovery licensees first identifies the licensee categories included within this fee class (excluding DOE). These categories are: conventional uranium mills and heap leach facilities; uranium
Applying these factors to the approximate $402,030 in budgeted costs to be recovered from non-DOE uranium recovery licensees results in the total annual fees for each fee category. The annual fee per licensee is calculated by dividing the total allocated budgeted resources for the fee category by the number of licensees in that fee category, as summarized in Table XII.
The NRC proposes to collect $427.5 million in annual fees from the power reactor fee class in FY 2017, as shown in Table XIII. The FY 2016 values and percentage change are shown for comparison.
In comparison to FY 2016, the operating power reactors budgetary resources decreased in FY 2017 primarily due to fewer resources needed to reduce the licensing actions backlog and a reduction for generic work such as the Fukushima-related rulemaking, “Station Blackout Mitigation Strategies,” and the Generic Safety Issue-191. Compared with FY 2016, 10 CFR part 170 estimated billings primarily decreased due to less contract support for reducing the licensing actions backlog, and the transition of Fort Calhoun to decommissioning in November 2016. The FY 2017 10 CFR part 171 operating power reactor annual fee decreased primarily due to a reduction for generic work such as the Fukushima-related rulemaking, “Station Blackout Mitigation Strategies,” and the Generic Safety Issue-191.
The budgeted costs are divided equally among the 99 currently operating power reactors, resulting in a proposed annual fee of $4,318,000 per reactor. Additionally, each licensed power reactor is assessed the FY 2017 spent fuel storage/reactor decommissioning annual fee of $194,000 (see the discussion that follows). The combined FY 2017 annual fee for power reactors is, therefore, $4,512,000.
Further, on May 24, 2016, (81 FR 32617), the NRC published a final rule that amended its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors (SMRs). Under the variable annual fee structure, effective June 23, 2016, an SMR's annual fee would be calculated as a function of its licensed thermal power rating. Currently, there are no operating SMRs; therefore, the NRC does not propose an annual fee in FY 2017 for this type of licensee.
The NRC proposes to collect $23.7 million in annual fees from 10 CFR part 50 power reactors and 10 CFR part 72 licensees who do not hold a 10 CFR part 50 license to collect the budgeted costs for spent fuel storage/reactor decommissioning.
In comparison to FY 2016, the annual fee decreased due to an increase in 10 CFR part 170 estimated billings attributed to the expected application for Holtec/Eddy Lea Energy, reductions in generic transportation, and an increase in fee-relief credit. This decrease is partially offset by the slight increase in budgetary resources in the Waste Research area.
The required annual fee recovery amount is divided equally among 122 licensees, resulting in an FY 2017 annual fee of $194,000 per licensee.
The NRC proposes to collect $0.334 million in annual fees from the research and test reactor licensee class.
In FY 2017, the research and test/non-power reactors budgetary resources decreased. This fee class includes resources for medical isotope productions facilities and research and test reactors. In FY 2017 there was a decrease in the workload for medical isotope production. Accordingly, the estimated 10 CFR part 170 billings decreased for the SHINE molybdenum-99 application. For research and test reactors, in comparison to FY 2016, the 10 CFR part 171 annual fee increased primarily due to a rise in contract support for the “Non-Power Production and Utilization Facility” rulemaking. The required annual fee-recovery amount is divided equally among the four research and test reactors subject to annual fees and results in an FY 2017 annual fee of $83,500 for each licensee.
The application for a rare-earth facility has been placed on hold until late FY 2017. Therefore, the NRC has not allocated any budgetary resources to this fee class and does not propose an annual fee in FY 2017 for this fee class.
The NRC proposes to collect $35.5 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70.
To equitably and fairly allocate the $35.5 million in FY 2017 budgeted costs among approximately 2,700 diverse materials users licensees, the NRC continues to calculate the annual fees for each fee category within this class based on the 10 CFR part 170 application fees and estimated inspection costs for each fee category. Because the application fees and inspection costs are indicative of the complexity of the license, this approach provides a proxy for allocating the generic and other regulatory costs to the diverse categories of licenses based on the NRC's cost to regulate each category. This fee-calculation method also considers the inspection frequency (priority), which is indicative of the safety risk and resulting regulatory costs associated with the categories of licenses.
The annual fee for these categories of materials users' licenses is developed as follows: Annual fee = Constant × [Application Fee + (Average Inspection Cost/Inspection Priority)] + Inspection Multiplier × (Average Inspection Cost/Inspection Priority) + Unique Category Costs.
For FY 2017, the constant multiplier necessary to recover approximately $26.5 million in general costs (including allocated generic transportation costs) is 1.48 (see work papers for more detail). The average inspection cost is the average inspection hours for each fee category multiplied by the hourly rate of $267. The inspection priority is the interval between routine inspections, expressed in years. The inspection multiplier is the multiple necessary to recover approximately $8.5 million in inspection costs, and is 1.65 for FY 2017. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. For FY 2017, approximately $278,000 in budgeted costs for the implementation of revised 10 CFR part 35, “Medical Use of Byproduct Material” (unique costs), has been allocated to holders of NRC human-use licenses.
The annual fee to be assessed to each licensee also includes a share of the fee-relief assessment of approximately -$209,000 allocated to the materials users fee class (see Table IV, “Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2017,” in Section III, “Discussion,” of this document), and for certain categories of these licensees, a share of the approximately $465,000 LLW surcharge costs allocated to the fee class. The annual fee for each fee category is shown in § 171.16(d).
The NRC proposes to collect $5.9 million in annual fees to recover generic transportation budgeted resources. The FY 2016 values are shown for comparison.
In comparison to FY 2016, the total budgetary resources for generic transportation activities decreased due to a reduction in rulemaking activities involving revisions to transportation safety requirements and compatibility with International Atomic Energy Agency Transportation Standards, hence reducing all fee class generic transportation annual fees. The 10 CFR part 170 estimated billings are expected to decrease slightly due in part to a reduction in activities for Areva Federal Services. In addition, NAC International work is expected to be completed by FY 2017, quarter 2. The decrease in 10 CFR part 170 estimated billings is expected to be offset by incoming applications for Holtec International.
Consistent with the policy established in the NRC's FY 2006 final fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic transportation costs unrelated to DOE as part of existing annual fees for license fee classes. The NRC continues to assess a separate annual fee under § 171.16, fee category 18.A. for DOE transportation activities. The amount of the allocated generic resources is calculated by multiplying the percentage of total Certificates of Compliance (CoCs) used by each fee class (and DOE) by the total generic transportation resources to be recovered. The DOE annual fee increase is mainly due to the elimination of a prior year credit totaling approximately $220,000 from FY 2016, as well as a rise in CoCs by 4, or 22 percent.
This resource distribution to the licensee fee classes and DOE is shown in Table XVIII. Specifically, for the research and test reactors fee class, the NRC allocates the distribution to only the licensees that are subject to annual fees. Four CoCs benefit the entire research and test reactor class, but only 4 out of 31 research and test reactors are subject to annual fees. The number of CoCs used to determine the proportion of generic transportation resources allocated to research and test reactors annual fees is adjusted to 0.6 so that the licensees subject to annual fees are charged a fair and equitable portion of the total. For more information see the work papers.
The NRC assesses an annual fee to DOE based on the 10 CFR part 71 CoCs it holds. The NRC, therefore, does not allocate these DOE-related resources to other licensees' annual fees because these resources specifically support DOE.
The NRC proposes three administrative changes:
The hourly rate in 10 CFR part 170 is calculated by dividing the cost per direct FTE by the number of direct hours per direct FTE in a year. “Direct hours” are hours charged to mission-direct activities in the Nuclear Reactor Safety Program and Nuclear Materials and Waste Safety Program. The FY 2016 final fee rule used 1,440 hours per direct FTE in the hourly rate calculations. During the FY 2017 budget formulation process, the NRC staff reviewed and analyzed time and labor data from FY 2016 to determine whether it should revise the direct hours per FTE. In FY 2016, the total direct hours charged by direct employees increased due to increased accuracy in coding time to direct work in the time and labor system, as well as decreased time coded for training. The increase in direct hours was apparent in all mission business lines. To reflect this increase in productivity as demonstrated by the time and labor data, the NRC staff determined that the number of direct hours per FTE should increase to 1,500 hours for FY 2017.
In accordance with NRC policy, the NRC staff conducted a biennial review in 2015 of small entity fees to determine whether the NRC should change those fees. The NRC staff used the fee methodology, developed in FY 2009, which applies a fixed percentage of 39 percent to the prior 2-year weighted average of materials users' fees when performing its biennial review. The NRC staff determined the new small entity fees for FY 2015 should be $3,400 for upper-tier small entities and $700 for lower-tier small entities. Because of a technical oversight, the change was not included in the FY 2015 final fee rule. It was, however, included in the FY 2016 final fee rule. As a result of the NRC staff's FY 2017 biennial review using the same methodology, the upper tier small entity fee would increase from $3,400 to $4,500 and the lower-tier fee would increase from $700 to $900. This would constitute a 43-percent and 50-percent increase, respectively. The NRC staff determined that implementing this increase would have a disproportionate impact upon the NRC's small licensees compared to other licensees, and so the NRC staff lowered the increase to 21 percent for the upper-tier and lower-tier fees. The NRC staff chose 21 percent based on the average percentage increase for the prior two biennial reviews of small entity fees. As a result of applying the 21-percent increase to the FY 2015 small entity fees, the NRC staff is now proposing to amend the upper-tier small entity fee to $4,100 and amend the lower-tier small entity fee to $850 for FY 2017. The NRC staff believes these fees are reasonable and provide relief to small entities while at the same time recovering from those licensees some of the NRC's costs for activities that benefit them.
In a January 30, 2015, paper to the Commission, SECY-15-0015, “Project Aim 2020 Report and Recommendations” (ADAMS Accession No. ML15012A594), the NRC staff recommended that the Office of the Chief Financial Officer (OCFO) undertake an effort to: (1) simplify how the NRC calculates its fees, (2) improve transparency, and (3) improve the timeliness of the NRC's communications about fee changes. These recommendations were similar to stakeholder comments the staff received during outreach on the NRC's fees and fee development process. In addition, an interoffice steering committee of NRC staffers evaluated the current fee process to identify solutions for concerns raised by NRC stakeholders. Based on comments received from the public and input from steering committee members, the staff developed over 40 process and policy improvements to be implemented over the next 4 years that addressed concerns with the current fee process. On August 15, 2016, the Chief Financial Officer (CFO) submitted a Notation Vote, SECY-16-0097 (ADAMS Accession No. ML16194A365) to the Commission. This memorandum identified 14 process improvements in six categories that the staff would implement in FY 2017 and requested Commission approval to further analyze four improvements as policy issues. The Commission disapproved the policy issues with the exception of a voluntary pilot initiative to explore whether a flat fee structure could be established for routine licensing matters in the area of uranium recovery policy issues. The Commission also directed staff to accelerate the process improvements for future consideration including transition to an electronic billing system.
As required by the Regulatory Flexibility Act of 1980, as amended (RFA),
Under OBRA-90, the NRC is required to recover approximately 90 percent of its budget authority in FY 2017. The NRC established fee methodology guidelines for 10 CFR part 170 in 1978, and established additional fee methodology guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the NRC has adjusted its fees without changing the underlying principles of its fee policy to ensure that the NRC continues to comply with the statutory requirements for cost recovery in OBRA-90 and the AEA.
In this rulemaking, the NRC continues this long-standing approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this rulemaking.
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule and that a backfit analysis is not required. A backfit analysis is not required because these amendments do not require the modification of, or addition to, systems, structures, components, or the design of a facility, or the design approval or manufacturing license for a facility, or the procedures or organization required to design, construct, or operate a facility.
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883). The NRC requests comment on this proposed rule with respect to the clarity and effectiveness of the language used.
The NRC has determined that this rule will amend NRC's administrative requirements in 10 CFR part 170 and 10 CFR part 171. Therefore, this action is categorically excluded from needing environmental review as described in 10 CFR 51.22(c)(1). Consequently, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
This proposed rule does not contain new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.
The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this proposed rule, the NRC proposes to amend the licensing, inspection, and annual fees charged to its licensees and applicants, as necessary, to recover approximately 90 percent of its budget authority in FY 2017, as required by OBRA-90, as amended. This action does not constitute the establishment of a standard that contains generally applicable requirements.
The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C. 604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the “Small Entity Compliance Guide” for the FY 2017 proposed fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY 2017. This document is available as indicated in Section XIII, Availability of Documents, of this document.
The NRC will conduct a public meeting on this proposed rule for the purpose of describing the proposed rule and answering questions from the public on the proposed rule. The NRC will publish a notice of the location, time, and agenda of the meeting on the NRC's public meeting Web site within at least 10 calendar days before the meeting. In addition, the agenda for the meeting will be posted on
The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.
Throughout the development of this rule, the NRC may post documents related to this rule, including public comments, on the Federal rulemaking Web site at
Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.
Annual charges, Byproduct material, Holders of certificates, registrations, approvals, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR parts 170 and 171.
Atomic Energy Act of 1954, secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note.
Fees for permits, licenses, amendments, renewals, special projects, 10 CFR part 55 re-qualification and replacement examinations and tests, other required reviews, approvals, and inspections under §§ 170.21 and 170.31 will be calculated using the professional staff-hour rate of $267 per hour.
Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 note.
(b)(1) The FY 2017 annual fee for each operating power reactor which must be collected by September 30, 2017, is $4,318,000.
(2) The FY 2017 annual fees are comprised of a base annual fee for power reactors licensed to operate, a base spent fuel storage/reactor decommissioning annual fee, and associated additional charges (fee-relief adjustment). The activities comprising the spent storage/reactor decommissioning base annual fee are shown in paragraphs (c)(2)(i) and (ii) of this section. The activities comprising the FY 2017 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2017 base annual fee for operating power reactors are as follows:
(c)(1) The FY 2017 annual fee for each power reactor holding a 10 CFR part 50 license that is in a decommissioning or possession-only status and has spent fuel onsite, and for each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is $194,000.
(2) The FY 2017 annual fee is comprised of a base spent fuel storage/reactor decommissioning annual fee (which is also included in the operating
(d)(1) The fee-relief adjustment allocated to annual fees includes a surcharge for the activities listed in paragraph (d)(1)(i) of this section, plus the amount remaining after total budgeted resources for the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this section are reduced by the appropriations the NRC receives for these types of activities. If the NRC's appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this section for a given fiscal year, annual fees will be reduced. The activities comprising the FY 2017 fee-relief adjustment are as follows:
(2) The total FY 2017 fee-relief adjustment allocated to the operating power reactor class of licenses is a −$4,401,300 fee-relief surplus, not including the amount allocated to the spent fuel storage/reactor decommissioning class. The FY 2017 operating power reactor fee-relief adjustment to be assessed to each operating power reactor is approximately a −44,458 fee-relief surplus. This amount is calculated by dividing the total operating power reactor fee-relief surplus adjustment, −$4,401,300, by the number of operating power reactors (99).
(3) The FY 2017 fee-relief adjustment allocated to the spent fuel storage/reactor decommissioning class of licenses is a −$230,700 fee-relief assessment. The FY 2017 spent fuel storage/reactor decommissioning fee-relief adjustment to be assessed to each operating power reactor, each power reactor in decommissioning or possession-only status that has spent fuel onsite, and to each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is a −$1,891 fee-relief assessment. This amount is calculated by dividing the total fee-relief adjustment costs allocated to this class by the total number of power reactor licenses, except those that permanently ceased operations and have no fuel onsite, and 10 CFR part 72 licensees who do not hold a 10 CFR part 50 license.
(f) The FY 2017 annual fees for licensees authorized to operate a research or test (non-power) reactor licensed under 10 CFR part 50, unless the reactor is exempted from fees under § 171.11(a), are as follows:
(c) A licensee who is required to pay an annual fee under this section, in addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in the following table. Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows:
(d) The FY 2017 annual fees are comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the FY 2017 fee-relief adjustment are shown for convenience in paragraph (e) of this section. The FY 2017 annual fees for materials licensees and holders of certificates, registrations, or approvals subject to fees under this section are shown in the following table:
(e) The fee-relief adjustment allocated to annual fees includes the budgeted resources for the activities listed in paragraph (e)(1) of this section, plus the total budgeted resources for the activities included in paragraphs (e)(2) and (3) of this section, as reduced by the appropriations the NRC receives for these types of activities. If the NRC's appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (e)(2) and (e)(3) of this section for a given fiscal year, a negative fee-relief adjustment (or annual fee reduction) will be allocated to annual fees. The activities comprising the FY 2017 fee-relief adjustment are as follows:
For the Nuclear Regulatory Commission.
U.S. Commission on Civil Rights.
Notice; announcement of meeting.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Indiana Advisory Committee (Committee) will hold a meeting on Tuesday, February 21, 2017, at 3:00 p.m. EST for the purposes of completing new committee orientation and discussing civil rights concerns in the State for future Committee study.
The meeting will be held on Tuesday, February 21, 2017, at 3 p.m. EST
Melissa Wojnaroski, DFO, at
Members of the public can listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-417-8531, conference ID: 6689234. Any interested member of the public may call this number and listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.
Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Carolyn Allen at
Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via
U.S. Commission on Civil Rights.
Announcement of meeting.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Nevada Advisory Committee (Committee) to the Commission will be held at 1:00 p.m. (Pacific Time) Tuesday, February 7, 2017, for the purpose of discussing the logistics and agenda for the Committee's upcoming public meeting to hear testimony on the civil rights issues regarding municipal fees and policing practices in Nevada.
The meeting will be held on Tuesday, February 7, 2017, at 1:00 p.m. PST.
Public call information: Dial: 800-967-7185 Conference ID: 9376506.
Ana Victoria Fortes (DFO) at
This meeting is available to the public through the following toll-free call-in number: 800-967-7185, conference ID number: 9376506. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.
Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S.
Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at
Office of the Secretary, Commerce.
General notice announcing population estimates.
This notice announces the voting age population estimates as of July 1, 2016, for each state and the District of Columbia. We are providing this notice in accordance with the 1976 amendment to the Federal Election Campaign Act, Title 52, United States Code, Section 30116(e).
Karen Battle, Chief, Population Division, U.S. Census Bureau, Room HQ-6H174, Washington, DC 20233, at 301-763-2071.
Under the requirements of the 1976 amendment to the Federal Election Campaign Act, Title 52, United States Code, Section 30116(e), I hereby give notice that the estimates of the voting age population for July 1, 2016, for each state and the District of Columbia are as shown in the following table.
I have certified these estimates for the Federal Election Commission.
Enforcement and Compliance International Trade Administration, Department of Commerce.
The Department of Commerce (“Department”) is conducting an administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (“PRC”), covering the period May 1, 2015, through April 30, 2016. The Department preliminarily determines that Tianjin Magnesium International, Co., Ltd. (“TMI”) and Tianjin Magnesium Metal, Co., Ltd. (“TMM”) (collectively “TMI/TMM”)
Effective January 30, 2017.
James Terpstra or Brendan Quinn, AD/
On May 2, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on pure magnesium from the PRC for the POR.
Merchandise covered by the order is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal. Pure primary magnesium is used primarily as a chemical in the aluminum alloying, desulfurization, and chemical reduction industries. In addition, pure magnesium is used as an input in producing magnesium alloy. Pure magnesium encompasses products (including, but not limited to, butt ends, stubs, crowns and crystals) with the following primary magnesium contents:
(1) Products that contain at least 99.95% primary magnesium, by weight (generally referred to as “ultra pure” magnesium);
(2) Products that contain less than 99.95% but not less than 99.8% primary magnesium, by weight (generally referred to as “pure” magnesium); and
(3) Products that contain 50% or greater, but less than 99.8% primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium (generally referred to as “off-specification pure” magnesium).
“Off-specification pure” magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8% by weight. It generally does not contain, individually or in combination, 1.5% or more, by weight, of the following alloying elements: Aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths.
Excluded from the scope of the order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder) having a maximum physical dimension (
Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.
We received timely submissions from TMM and TMI certifying that they did not have sales, shipments, or exports of subject merchandise to the United States during the POR.
Because we have not received information to the contrary from CBP, consistent with our practice, we preliminarily determine that TMI/TMM had no shipments and, therefore, no reviewable entries during the POR. Further, consistent with our practice in non-market economy (“NME”) cases, the Department is not rescinding this review, but intends to complete the review with respect to TMI/TMM and issue appropriate instructions to CBP based on the final results of the review.
Interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days of the date of publication of this notice. Hearing requests should contain the following information: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those
Unless extended, we intend to issue the final results of this administrative review, including our analysis of all issues raised in any written brief, not later than 120 days of publication of this notice in the
Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.
The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI/TMM in the most recently completed review of the company; (2) for previously investigated or reviewed PRC and non-PRC exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 111.73 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement off antidumping duties prior to liquidation of the relevant entries during this period. Failure to comply with this requirement may result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This notice is issued in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on citric acid and certain citrate salts (citric acid) from Canada. The period of review (POR) is May 1, 2015, through April 30, 2016. The review covers one producer/exporter of the subject merchandise, Jungbunzlauer Canada Inc. (JBL Canada). We preliminarily determine that sales of subject merchandise by JBL Canada were not made at prices below normal value (NV). Interested parties are invited to comment on these preliminary results.
Effective January 30, 2017.
Katherine Johnson or George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4929 or (202) 482-2623, respectively.
The merchandise covered by the
The Department is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
As a result of this review, the Department preliminarily determines
The Department intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs to the Department no later than 30 days after the date of publication of this notice.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues parties intend to be discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined.
The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.
Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess upon issuance of the final results, antidumping duties on all appropriate entries covered by this review.
We calculated importer-specific
We intend to issue instructions to CBP 41 days after the date of publication of the final results of this review.
The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for JBL Canada will be the rate established in the final results of this review, except if the rate is
This notice also serves as a preliminary reminder to importers 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 presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Enforcement and Compliance, International Trade Administration, Department of Commerce.
As a result of this sunset review, the Department of Commerce (“Department”) finds that revocation of the antidumping duty (“AD”) order on certain artist canvas from the People's Republic of China would be likely to lead to the continuation or recurrence of dumping at the dumping margins identified in the “Final Results of Review” section of this notice.
Effective March 1, 2017.
Paul Stolz; AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4474.
On October 3, 2016, the Department published the notice of initiation of the second sunset review of the AD
The products covered by the order are artist canvases regardless of dimension and/or size, whether assembled or unassembled, that have been primed/coated, whether or not made from cotton, whether or not archival, whether bleached or unbleached, and whether or not containing an ink receptive top coat. Priming/coating includes the application of a solution, designed to promote the adherence of artist materials, such as paint or ink, to the fabric. Artist canvases (
Artist canvases subject to the order are currently classifiable under subheadings 5901.90.20.00, 5901.90.40.00, 5903.90.2500, 5903.90.2000, 5903.90.1000, 5907.00.8090, 5907.00.8010, and 5907.00.6000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Specifically excluded from the scope of the order are tracing cloths, “paint-by-number” or “paint-it-yourself” artist canvases with a copyrighted preprinted outline, pattern, or design, whether or not included in a painting set or kit.
A complete discussion of all issues raised in this sunset review is addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.
Pursuant to section 751(c) of the Act, the Department determines that revocation of the
This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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.
We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
On September 15, 2016, the Department of Commerce (Department) issued the preliminary results of the second full five-year (sunset) review of the antidumping duty (AD) order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (Vietnam). As a result of our analysis, the Department finds that revocation of the AD order would be likely to lead to
Effective January 30, 2017.
Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230; telephone: 202-482-6905.
On September 15, 2016, the Department published the
The merchandise subject to the order is certain frozen warmwater shrimp. The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in the Issues and Decision Memorandum, remains dispositive.
All issues raised for the final results of this sunset review are addressed in the Issues and Decision Memorandum, dated concurrently with this final notice, which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum include the likelihood of the continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
We determine that revocation of the
This notice also serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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.
We are issuing and publishing the final results of this full sunset review in accordance with sections 751(c)(5)(A), 752(c), and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.218(f)(3).
Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).
Notice of renewal of the Marine Protected Areas Federal Advisory Committee.
In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App 2, and the Federal Advisory Committee Management Final Rule, 41 CFR part 102-3, and after consultation with the General Services Administration (GSA), the Secretary of Commerce has determined that the renewal of the Marine Protected Areas Federal Advisory Committee (MPAFAC) is in the public interest in connection with the performance of duties imposed on the Department by law. The Committee's revised charter is available at
The Committee was first established in 2003 to advise the Secretary of Commerce, through the Under Secretary of Commerce for Oceans and Atmosphere, and the Secretary of the Interior on matters relating to the national system of marine protected areas as set forth in Executive Order 13158, Section 4(c) (May 2000).
The Committee will have a balanced membership consisting of 20 non-Federal members serving in a
The Committee will function solely as an advisory body, and in compliance with provisions of the Federal Advisory Committee Act. Copies of the Committee's revised Charter have been filed with the appropriate committees of the Congress and with the Library of Congress. The Committee's revised charter is available at
Lauren Wenzel, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway, Silver Spring, Maryland 20910. (Phone: 240-533-0652); email:
National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice.
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.
Written comments must be submitted on or before March 31, 2017.
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
Requests for additional information or copies of the information collection instruments and instructions should be directed to Scott Rogerson, 301-817-4543 or
This request is for extension of an existing information collection. The National Oceanic and Atmospheric Administration (NOAA) operates two space-based data collection systems (DCS), the Geostationary Operational Environmental Satellite (GOES) DCS and the Polar-Orbiting Operational Environmental Satellite (POES) DCS, also known as the Argos system. NOAA allows users access to the DCS if they meet certain criteria. The applicants must submit information to ensure that they meet these criteria. NOAA does not approve agreements where there is a commercial service available to fulfill the user's requirements.
Methods of submittal include Internet, facsimile transmission, postal mailing of paper forms, and email transmission of electronic forms.
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.
Court Services and Offender Supervision Agency (CSOSA)
Notice and request for comments.
As part of a federal government-wide effort to streamline the process to seek feedback from the public on service delivery, CSOSA on behalf of its sister agency, Pretrial Services Agency for the District of Columbia (PSA,) is seeking comment on the development of the following proposed Generic Information Collection Request (Generic ICR): “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery ” for approval under the Paperwork Reduction Act (PRA). This notice announces our intent to submit this collection to OMB for approval and solicit comments on specific aspects for the proposed information collection.
Consideration will be given to all comments received by March 31, 2017.
You may submit written comments, identified by “Collection of Qualitative Feedback on Agency Service Delivery” to: Rochelle Durant, Program Analyst, Office of General Counsel, Court Services and Offender Supervision Agency, 633 Indiana Avenue NW., Washington, DC 20004 or
Comments submitted in response to this notice may be made available to the public. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. If you send an email comment, your email address will be automatically captured and included as part of the comment that is placed in the public docket and may be made available on the Internet. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments that may be made available to the public notwithstanding the inclusion of the routine notice.
Rochelle Durant, Program Analyst, Office of General Counsel, Court Services and Offender Supervision Agency, 633 Indiana Avenue NW., Room 1378, Washington, DC 20004, (202) 220-5364 or to
For content support: Sharon Banks, Program A, Program Analyst, Office of Strategic Planning, Pretrial Services Agency for the District of Columbia, 1025 F Street NW., Room 706-G, Washington, DC 20004, (202) 442-1086 or to
The solicitation of feedback will target areas such as: Timeliness, appropriateness, accuracy of information, courtesy, efficiency of service delivery, and resolution of issues with service delivery. Responses will be assessed to plan and inform efforts to improve or maintain the quality of service offered to the public. If this information is not collected, vital feedback from customers and stakeholders on the Agency's services will be unavailable.
The Agency will only submit a collection for approval under this generic clearance if it meets the following conditions:
1. The collections are voluntary;
2. The collections are low-burden for respondents (based on considerations of total burden hours, total number of respondents, or burden-hours per respondent) and are low-cost for both the respondents and the federal government;
3. The collections are non-controversial and do not raise issues of concern to other federal agencies;
4. Any collection is targeted to the solicitation of opinions from respondents who have experience with the program or may have experience with the program in the near future;
5. Personally identifiable information (PII) is collected only to the extent necessary and is not retained;
6. Information gathered will be used only internally for general service improvement and program management purposes and is not intended for release outside of the agency;
7. Information gathered will not be used for the purpose of substantially informing influential policy decisions; and
8. Information gathered will yield qualitative information; the collections will not be designed or expected to yield statistically reliable results or used as though the results are generalizable to the population of study.
Feedback collected under this generic clearance provides useful information, but it does not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior to fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results.
As a general matter, information collections will not result in any new system of records containing privacy information and will not ask questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
(1) Affected Public: Individuals currently under PSA supervision. PSA stakeholders including criminal justice system (
Below we provide projected average estimates for the next three years:
Defense Security Cooperation Agency, Department of Defense.
Notice.
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Pamela Young, DSCA/SA&E-RAN, (703) 697-9107.
The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-63 with attached Policy Justification.
(i)
(ii)
(iii)
Non-MDE items include support equipment and services for AH-64D Apache helicopters, to include: Apache Maintainer unit support, Depot Level support, training devices, helmets, simulators, generators, transportation, wheeled vehicles and organization equipment, spare and repair parts, support equipment, tools and test equipment, technical data and publications, personnel training and training equipment, U.S. Government and contractor engineering, technical, and logistics support services, and other related elements of logistics support.
(iv)
(v)
(vi)
(vii)
(viii)
*as defined in Section 47(6) of the Arms Export Control Act.
The Government of Kuwait has requested the sale of support equipment and services for its AH-64D Apache helicopters, to include: Apache Maintainer unit support, Depot Level support, training devices, helmets, simulators, generators, transportation, wheeled vehicles and organization equipment, spare and repair parts, support equipment, tools and test equipment, technical data and publications, personnel training and training equipment, United States Government and contractor engineering, technical, and logistics support services, and other related elements of logistics support. The total overall estimated value is $400 million.
The proposed sale will contribute to the foreign policy and national security of the U.S by helping to improve the security of a Major Non-NATO Ally that has been and continues to be an important force for political stability and economic progress in the Middle East region. Kuwait plays a large role in U.S. efforts to advance stability in the Middle East, providing basing, access, and transit for U.S. forces in the region.
Kuwait requires continued support for equipment already procured to ensure national security interests and objectives are met. The defense articles maintained are used solely by the Ministry of Defense to protect the sovereign border and to conduct operations and training to include joint exercises with the U.S. military. Kuwait will be able to absorb this additional equipment and support into its armed forces.
The proposed sale of equipment and support will not alter the basic military balance in the region.
The U.S. companies potentially involved in the sale are Boeing, Mesa, AZ; Longbow Limited, Orlando, FL/Owego, NY (Joint Venture between Lockheed Martin and Northrop Grumman); Lockheed Martin, Orlando, FL; and DynCorp International, Fort Worth, TX. There are no known offset agreements for the sale.
Implementation of this proposed sale will require the assignment of four (4) U.S. Government representatives and sixty-five (65) contractor representatives in country for up to five year.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.
Notice.
The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Consideration will be given to all comments received by March 1, 2017.
Fred Licari, 571-372-0493.
Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at
You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:
•
Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 03F09, Alexandria, VA 22350-3100.
Defense Security Cooperation Agency, Department of Defense.
Notice.
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Pamela Young, DSCA/SA&E-RAN, (703) 697-9107.
The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-82 with attached Policy Justification and Sensitivity of Technology.
(i)
(ii)
(iii)
Follow-on support for eight (8) C-17 aircraft, including contract labor for sustainment engineering, on-site COMSEC support, Quality Assurance, support equipment repair, supply chain management, spares replenishment, maintenance, back shop support, and centralized maintenance support/associated services. Required upgrades will include fixed installation satellite antenna, Mode 5+ installation and sustainment, Automatic Dependent Surveillance-Broadcast Out, Communications Modernization (CNS/ATM) Phase II, Replacement Heads-Up Display and three special operations loading ramps.
(iv)
(v)
(vi)
(vii)
(viii)
* As defined in Section 47(6) of the Arms Export Control Act.
The Government of the United Kingdom has requested a possible sale of continued logistics support for eight (8) C-17 aircraft which will include: contract labor for sustainment engineering, on-site COMSEC support, Quality Assurance, support equipment repair, supply chain management, spares replenishment, maintenance, back shop support, centralized maintenance support/associated services, and additional spare and repair parts, publications and technical documentation. Required upgrades will include fixed installation satellite antenna, Mode 5+ installation and sustainment, Automatic Dependent Surveillance-Broadcast Out, Communications Modernization (CNS/ATM) Phase II, Replacement Heads-Up Display and three special operations loading ramps. The estimated total cost is $400 million.
The United Kingdom is a close ally and an important partner on critical foreign policy and defense issues. The proposed sale will enhance U.S. foreign policy and national security objectives by enhancing the United Kingdom's capabilities to provide national defense and contribute to NATO and coalition operations.
The proposed sale of defense articles and services are required to maintain the operational readiness of the Royal Air Force. The United Kingdom's current contract supporting its C-17 aircraft will expire in September 2017. The United Kingdom will have no difficulty absorbing this support into its armed forces.
The proposed sale of this equipment and support will not alter the basic military balance in the region.
The prime contractor will be the Boeing Corporation of Chicago, Illinois. The U.S. Government is not aware of any known offsets associated with this sale. Any offset agreement will be defined in negotiations between the purchaser and the contractor.
Implementation of this sale will require the assignment of approximately three additional U.S. Government and approximately 55 contractor representatives to the United Kingdom.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.
(vii)
1. This sale will involve the release of sensitive technology to the United Kingdom in the performance of services to sustain eight (8) United Kingdom C-17 aircraft. While much of the below equipment supporting the C-17 is not new to the country, there will be replenishment spares of the below sensitive technologies purchased to support the fleet.
2. The Force 524D is a 24-channel SAASM based Global Positioning System (GPS) receiver, with precise positioning service (PPS) capability built upon Trimble's next generation OPS technology. The Force 524D retains backward compatibility with the proven Force 5GS, while adding new functionality to interface with digital antenna electronics, to significantly improve anti-jam (AJ) performance. The host platform can select the radio frequency (RF) or digital antenna electronics (DAE) interface. In the digital mode, the Force 524D is capable of controlling up to 16 independent beams. The hardware and software associated with the 524D receiver card is UNCLASSIFIED.
3. The C-17 aircraft will be equipped with the GAS-1, which is comprised of the Controlled Reception Pattern Antennas (CRPA), with the associated wiring harness and the Antenna Electronics (AE)-1, to provide AJ capability. The hardware is UNCLASSIFIED.
4. The KIV-77 is the crypto applique for Mode V Identification Friend of Foe (IFF). The hardware is UNCLASSIFIED and COMSEC controlled.
5. Software, hardware, and other data/information, which is classified or sensitive, is reviewed prior to release to protect system vulnerabilities, design data, and performance parameters. Some end-item hardware, software, and other data identified above are classified at the CONFIDENTIAL and SECRET level. Potential compromise of these systems is controlled through management of the basic software programs, of highly sensitive systems and software-controlled weapon systems, on a case-by-case basis.
6. The United Kingdom is both willing and able to protect United States classified military information. The United Kingdom's physical and document security standards are equivalent to U.S. standards. The United Kingdom has demonstrated its willingness and capability to protect sensitive military technology and information released to its military in the past. The United Kingdom is firmly committed to its relationship with the United States and to its promise to protect classified information and prevent its transfer to a third party.
7. If a technologically advanced adversary were to obtain knowledge of the specific hardware or software source code in this proposed sale, the information could be used to develop countermeasures which might reduce weapon system effectiveness or be used in the development of systems with similar or advanced capabilities. The benefits to be derived from this sale in the furtherance of the U.S. foreign policy and national security objectives, as outlined in the Policy Justification, outweigh the potential damage that could result if the sensitive technology, where revealed to unauthorized persons.
8. All defense articles and services listed in this transmittal are authorized for release and export to the Government of the United Kingdom.
Department of Defense, Defense Security Cooperation Agency.
Notice.
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Pamela Young, DSCA/SA&E-RAN, (703) 697-9107.
The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-56 with attached Policy Justification and Sensitivity of Technology.
(i)
(ii)
(iii)
This request also includes the containers and other related services.
(iv)
(v)
(vi)
(vii)
(viii)
*as defined in Section 47(6) of the Arms Export Control Act.
The Government of Kuwait has requested a possible sale of sixty (60) AIM-120C-7 AMRAAM Missiles including containers and other related services. The total overall estimated value is $110 million.
This proposed sale contributes to the foreign policy and national security of the United States by improving the security of a Major Non-NATO Ally that continues to be an important force for political stability and economic progress in the Middle East. Kuwait is a strategic partner in maintaining stability in the region. This sale will increase Kuwait's interoperability with the United States. It also ensures a sustained air-to-air capability for Kuwait's F/A-18 aircraft.
The proposed sale of this equipment and support will not alter the basic military balance in the region.
Implementation of the sale does not require the assignment of any additional U.S. Government or contractor representatives to Kuwait.
The principal contractor will be Raytheon Corporation, Tucson, Arizona. There are no known offset agreements proposed in connection with this potential sale.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.
(vii)
1. The AIM-120C Advanced Medium Range Air-to-Air (AMRAAM) is a radar guided missile featuring digital technology and micro-miniature solid-state electronics. AMRAAM capabilities include look-down/shoot-down, multiple launches against multiple targets, resistance to electronic counter measures, and interception of high flying and low flying and maneuvering targets. The AMRAAM All Up Round is classified Confidential, major components and subsystems range from Unclassified to Confidential, and technology data and other documentation are classified up to Secret.
2. If a technologically advanced adversary obtains knowledge of the specific hardware and software elements, the information could be used to develop countermeasures or equivalent systems that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.
3. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification. Moreover, the benefits to be derived from this sale, as outlined in the Policy Justification, outweigh the potential damage that could result if the sensitive technology were revealed to unauthorized persons.
4. All defense articles and services listed in this transmittal have been authorized for release and export to the Government of Kuwait.
Notice.
The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Consideration will be given to all comments received by March 1, 2017.
Fred Licari, 571-372-0493.
Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at
You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:
•
Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 03F09, Alexandria, VA 22350-3100.
Federal Energy Regulatory Commission, Department of Energy.
Notice of information collection and request for comments.
In compliance with the requirements of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-603, Critical Energy/Electric Infrastructure Information (CEII) Request.
Comments on the collection of information are due March 31, 2017.
You may submit comments (identified by Docket No. IC17-3-000) by either of the following methods:
•
•
Ellen Brown may be reached by email at
On February, 21, 2003, the Commission issued Order No. 630 (66 FR 52917) to address the appropriate treatment of CEII in the aftermath of the September 11, 2001 terrorist attacks and to restrict access due to the ongoing terrorism threat. Given that such information would typically be exempt from mandatory disclosure pursuant to FOIA, the Commission determined that it was important to have a process for individuals with a valid or legitimate need to access certain sensitive energy infrastructure information. As such, the Commission's CEII process is designed to limit the distribution of sensitive infrastructure information to those individuals with a need to know in order to avoid having sensitive information fall into the hands of those who may use it to attack the Nation's infrastructure.
On December 4, 2015, the President signed the Fixing America's Surface Transportation Act (FAST Act) into law, which directed the Commission to issue regulations aimed at securing and sharing sensitive infrastructure information.
FERC-603, Critical Energy/Electric Infrastructure Information (CEII) request form is largely unchanged from the previously approved version. As in the previous version, a person seeking access to CEII must file a request for that information by providing information about their identity and the reason the individual needs the information. With that information, the Commission is able to assess the requester's need for the information against the sensitivity of the information. When Order No. 833 becomes effective, the form will be updated to refer to CEII as Critical Energy/Electric Infrastructure Information (CEII) as opposed to Critical Energy Infrastructure Information (CEII).
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
284.123(g) Protests Due: 5 p.m. ET 2/21/17.
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that the Commission received the following electric corporate filings:
Take notice that the Commission received the following electric rate filings:
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:
On January 13, 2017, Lock + Hydro Friends Fund V filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Hildebrand Lock & Dam Project (Hildebrand Project or project) to be located at the U.S. Army Corps of Engineers' (Corps) Hildebrand Lock and Dam on the Monongahela River in Monongalia County, West Virginia. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.
The proposed project would consist of the following: (1) A new 55-foot-long by 40-foot-high Large Frame Module (LFM); (2) two pre-fabricated concrete walls if needed; (3) a new 50-foot-wide by 100-foot-long tailrace; (4) five low-head modular bulb hydroelectric turbine-generators each rated at 1.5 megawatts; (5) a low-voltage, 36.7-kilovolt (kV) distribution line from the generator to the new switchyard; (6) a new 25-foot-wide by 50-foot-long switchyard; and (7) a new 69-kV transmission line approximately 1,000 feet long from the new switchyard to an existing substation. The estimated annual generation of the Hildebrand Project would be 66,974 megawatt-hours.
The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at
More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of the Commission's Web site at
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
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 date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.
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:
This notice identifies the Federal Energy Regulatory Commission (FERC or Commission) staff's revised schedule for the completion of the final environmental impact statement (EIS) for PennEast Pipeline Company, LLC's (PennEast) PennEast Pipeline Project. The previous revised notice of schedule, issued on November 8, 2016, identified February 17, 2017 as the EIS issuance date. Due to additional environmental information filed by PennEast and certain state agencies since issuance of the November 8, 2016, Scheduling Notice, the Commission staff requires more time to analyze all the environmental data and prepare the final EIS. Commission staff has therefore revised the schedule for issuance of the final EIS.
If a schedule change becomes necessary, an additional notice will be provided so that the relevant agencies are kept informed of the project's progress.
In order to receive notification of the issuance of the EIS and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription (
1. In December 2015 and January 2016, Public Service Company of New Mexico; Tucson Electric Power Company (Tucson Electric), UNS Electric, Inc., and UniSource Energy Development Company; El Paso Electric
2. In this order, the Commission accepts the SIL values identified in Appendix A (Commission-accepted SIL values).
3. Additionally in this order, the Commission provides further direction and clarification on the performance and reporting of SIL studies.
4. In Order No. 697, the Commission adopted a staggered filing approach for filing updated market power analyses. The Commission recognized that the transmission-owning utilities have the information necessary to perform SIL studies and therefore determined that transmission-owning utilities would be required to file their updated market power analyses in advance of other entities in each region.
5. The Transmission Owners provided SIL studies for their respective balancing authority areas and, in most cases, their respective first-tier balancing authority areas, including balancing authority areas that are not operated by public utilities as defined under Part II of the Federal Power Act.
6. We begin by commending the Transmission Owners for coordinating on the preparation of their SIL studies and sharing the SIL values for their respective home balancing authority areas with each other. Such a coordinated approach leads to more accurate and consistent SIL study results. We have selected, from among the SIL values submitted, the Commission-accepted SIL values that we will use in assessing transmission import capability for purposes of measuring market power within the Southwest region.
7. The SIL studies prepared by the Transmission Owners generally were done correctly and in a manner consistent with prior Commission direction.
8. The contingencies used in SIL studies are vital to determining the limiting element(s) and, subsequently, the final SIL values. Filers should study contingencies that are “historically used and identified in the seller's [available transfer capability (ATC)] methodology and [Open Access Same-Time Information System (OASIS)] practices documentation.”
9. Each filer should provide documentation to support that the contingency lists provided are consistent with the balancing authority area's OASIS practices. The contingency lists used by each filer must be valid, representative of the study area and first-tier OASIS practices, and must solve in powerflow simulations. Valid contingencies take into account the realistic conditions and operating procedures for the filer's system and the first-tier areas. For example, parallel lines are typically designed and operated such that the loss of one line would not overload the other line(s). If a contingency appears to overload other parallel line(s), the filer must explain this in its contingency results report. Additionally, methods for modeling the transmission system may include breaking elements up into segments. The contingency of such an element should be represented by these segments.
10. Every contingency checked must solve in each powerflow case in which it is used. If a contingency does not solve when run in the powerflow simulation, confirming that it would not cause an overload somewhere within
11. The Commission notes that inaccurate normal and emergency line ratings in the powerflow models can result in erroneous calculated SIL values. As such, filers should review the line ratings of their study area and the first-tier areas to ensure that they are accurate. In order to aid in verifying line overloads, filers must submit facility rating documents for themselves and any study area for which they are performing a SIL analysis. Historically accurate line ratings should aid in confirming the validity of line overloads identified in the SIL study.
12. Generating units that are fully committed under long-term power purchase agreements (PPAs) should not be scaled up or down, regardless of where they are operating in the model. Partially committed units should only be scaled above the amount of their commitment. Solar and wind units should not be scaled either up or down. This generation generally is not dispatchable and typically is fully committed under long-term PPAs. If the study assumes that certain solar or wind generation units are dispatchable, historical evidence must be provided. Filers should provide a list of all partially and fully committed generation units in the study area and first-tier areas.
13. As stated in Order No. 697, filers may use historical capacity factors for certain energy-limited resources, such as hydroelectric and wind capacity.
14. Changes in SIL values from the previous study period should be explained in the filing. Significant changes that affect the study area should be identified, for example, major generation capacity additions or retirements, the addition of a new high-voltage transmission line or other topology changes, modified line ratings, and changes in operating procedures or study methodology. Clearly explaining and identifying significant changes in the SIL study results that occur between filings will prevent delays in the analysis of filings and reduce the need for Commission staff to request filers to provide additional information. Documentation of any changes should extend back approximately five years from the study period utilized in the filing to show how the study area's topology has evolved over time.
15. The Commission will use the Commission-accepted SIL values identified in Appendix A when reviewing the currently pending updated market power analyses submitted by the Transmission Owners as well as the updated market power analyses filed by the non-transmission owning filers in the Southwest region for this study period. Future filers submitting screens for the areas and study period identified in Appendix A are encouraged to use these Commission-accepted SIL values. In the alternative, such filers may propose different SIL values provided that their SIL studies comply with Commission directives and they explain why the Commission should consider a different SIL value for a particular balancing authority area rather than the Commission-accepted SIL values provided in Appendix A. In the event that the results
(A) The specific Commission-accepted SIL values identified in Appendix A to this order are hereby adopted for purposes of analyzing updated market power analyses for the Southwest region, as discussed in the body of this order.
(B) The Secretary is hereby directed to publish a copy of this order in the
By the Commission.
Take notice that the Commission received the following electric corporate filings:
Take notice that the Commission received the following electric rate filings:
Take notice that the Commission received the following electric securities filings:
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:
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that on January 13, 2017, National Fuel Gas Supply Corporation (National Fuel) 6363 Main Street, Williamsville, New York 14221, filed in Docket No. CP17-32-000 and pursuant to Sections 157.205 and 157.216 of the Commission's regulations, a prior notice under its blanket certificate issued in Docket No. CP83-4-000 that it intends to abandon certain minor underground natural gas storage facilities, in its Summit Storage Field, located in Erie County, Pennsylvania, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at
National Fuel proposes to plug and abandon Wells 1509, 1523, 1548, 1558, 1564, 1576, and 1578, all injection/withdrawal storage wells, and abandon in place associated well lines S-W1509, S-W1523, S-W1548, SW1558, S-W1564, S-W1576, and S-W1578. As stated in the appliation, based on risk factors and the excessive cost to rehabilitate these wells, the most prudent course of action is to plug and abandon them. The proposed abandonment will not result in a
Any questions regarding this application should be directed to Alice A. Curtiss, Deputy General Counsel for National Fuel, 6363 Main Street, Williamsville, New York 14221, or call at (716) 857-7075.
Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.
Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.
Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.
The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web site (
This is a supplemental notice in the above-referenced proceeding of Luz Solar Partners Ltd., IV`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 February 13, 2017.
The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at
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
This is a supplemental notice in the above-referenced proceeding of Luz Solar Partners Ltd., III`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
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 February 13, 2017.
The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at
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
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
Take notice that the Commission received the following electric rate filings:
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
Take notice that the Commission received the following electric rate filings:
Description: Notice of Non-Material Change in Status of Merrill Lynch Commodities, Inc.
Description: Notice of Non-Material Change in Status of Merrill Lynch Commodities, Inc.
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:
The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Temple Truck Rack Expansion
This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before March 25, 2017.
If you sent comments on this project to the Commission before the opening of this docket on November, 14, 2016, you will need to file those comments in Docket No. CP17-14-000 to ensure they are considered as part of this proceeding.
This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.
For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or
(1) You can file your comments electronically using the
(2) You can file your comments electronically by using the
(3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP17-14-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.
UGI LNG proposes to construct and operate two new trailer loading and unloading racks at UGI LNG's existing Temple liquefied natural gas (LNG) storage facility (Temple Facility) in Berks County, Pennsylvania. Because the existing facility contains only one truck loading rack, the Temple Truck Rack Expansion Project (Project) would allow maintenance on one rack without interrupting operations on the other racks. The Project would consist of two racks with scales, a trailer loading skid, transfer piping, and a new driveway connecting the Temple Facility to a nearby road.
The general location of the project facilities are shown in appendix 1.
Construction of the proposed facilities would disturb about 9.4 acres of land for the aboveground facilities, all within land owned by UGI LNG. Following construction, UGI LNG would maintain about 5.6 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses.
The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us
In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:
• Geology and soils;
• water resources, fisheries, and wetlands;
• endangered and threatened species;
• vegetation and wildlife;
• cultural resources;
• land use;
• air quality and noise;
• public safety; and
• cumulative impacts.
We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.
The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.
With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.
In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on
The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.
If we publish and distribute the EA, copies of the EA will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).
In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at
Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site at
In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to
Finally, public sessions or site visits will be posted on the Commission's calendar located at
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
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 date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.
Reply
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.
Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.
Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.
Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).
The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
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:
Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:
Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.
The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.
eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:
This is a supplemental notice in the above-referenced proceeding of HL Power Company, A California Limited Partnership`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
The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at
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
Federal Election Commission.
Tuesday, January 24, 2017 at 10:00 a.m. and its continuation at the conclusion of the open meeting on January 25, 2017.
999 E Street NW., Washington, DC.
This meeting was closed to the public.
82 FR 6550.
Matters relating to internal personnel decisions, or internal rules and practices. Information the premature disclosure of which would be likely to have a considerable adverse effect on the implementation of a proposed Commission action.
Judith Ingram, Press Officer, Telephone: (202) 694-1220.
Federal Election Commission
Wednesday, January 25, 2017 at 11:00 a.m.
999 E Street NW., Washington, DC (Ninth Floor).
This meeting was open to the public.
82 FR 7831.
Approval of Payment for Travel Expenses.
Judith Ingram, Press Officer, Telephone: (202) 694-1220.
Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
Notice of meeting.
Federal Trade Commission.
Proposed consent agreement.
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.
Comments must be received on or before February 21, 2017.
Interested parties may file a comment at
Synda Mark (202-326-2353), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580.
Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for January 19, 2017), on the World Wide Web, at
You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before February 21, 2017. Write “In the Matter of Cooperativa de Medicos Oftalmologos de Puerto Rico, File No. 1410194—Consent Agreement” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at
Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any “[t]rade secret or any commercial or financial information which . . . is privileged or confidential,” as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).
Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at
If you file your comment on paper, write “In the Matter of Cooperativa de Medicos Oftalmologos de Puerto Rico, File No. 1410194—Consent Agreement” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at
The Federal Trade Commission (Commission), has accepted, subject to final approval, an agreement containing a proposed consent order with the Cooperativa de Médicos Oftalmólogos de Puerto Rico (Respondent or OftaCoop). The agreement settles charges that OftaCoop violated Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by orchestrating a concerted refusal to deal by ophthalmologists in Puerto Rico to preclude a third-party payor and its network administrator from implementing a cost-savings program to manage ophthalmology services and reduce reimbursement rates.
The proposed consent order has been placed on the public record for 30 days to solicit comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the proposed consent order along with the comments received, and decide whether it should withdraw from the consent agreement, modify it, or make final the proposed consent order.
The purpose of this analysis is to facilitate public comment on the proposed consent order. The analysis is not intended to constitute an official interpretation of the proposed consent order or to modify its terms in any way. Further, the proposed consent order has been entered into for settlement purposes only and does not constitute an admission by Respondent that it violated the law or that the facts alleged in the Complaint (other than jurisdictional facts) are true.
OftaCoop is a healthcare cooperative with about 100 ophthalmologists organized under the laws of the
MCS provides healthcare coverage to enrollees of its Medicare Advantage plans pursuant to a contract with Medicare. Medicare pays MCS a premium; in exchange, MCS arranges and pays for healthcare services for its enrollees. To participate in the Medicare Advantage program, MCS must offer a provider network with a sufficient number of physicians to comply with the program's network adequacy requirement designed to ensure enrollees have adequate access to healthcare services. MCS sought to lower its costs after Medicare reduced the premiums it was paying to MCS.
In April 2014, MCS asked Eye Management to create and manage a network of ophthalmologists in Puerto Rico to help lower costs and better manage ophthalmology services provided to its Medicare Advantage enrollees. Eye Management would administer ophthalmology services and benefits provided to MCS enrollees, including credentialing, utilization review, claims processing, and other management services. Under the arrangement, Eye Management would enter into contracts directly with each ophthalmologist to replace MCS's existing contracts with each ophthalmologist. In early June 2014, Eye Management sent a proposed contract to every ophthalmologist contracted with MCS at the time. These contracts offered payments at rates that were about 10% lower, on average, than the rates under the existing contracts between MCS and each ophthalmologist.
OftaCoop convened a meeting on June 14, 2014 with OftaCoop members and non-member ophthalmologists to discuss their dissatisfaction with Eye Management. The attendees agreed not to sign a new contract with Eye Management in order to prevent Eye Management from creating a network on behalf of MCS. After the meeting, OftaCoop's former Secretary of the Board of Directors, with help from OftaCoop's president, sent an email to OftaCoop member and non-member ophthalmologists with the subject line “DO NOT SIGN THE MCS/EYE MANAGEMENT AGREEMENT.” The email was signed “Board of Directors OFTACOOP” and sent from OftaCoop's official email account. The email urged the ophthalmologists not to sign the contract with Eye Management so they could collectively negotiate with payors through OftaCoop.
Eye Management's medical director was one of the recipients of the email. In response to the email, Eye Management's counsel sent OftaCoop a cease-and-desist letter on June 19, 2014, asking OftaCoop to stop interfering with negotiations between Eye Management and individual ophthalmologists. The letter also notified OftaCoop that any agreement among competing ophthalmologists to jointly refuse to contract with Eye Management was illegal under the antitrust laws.
OftaCoop next met on June 22, 2014. The stated purpose of that meeting, according to the June 14, 2014 email, was “to turn this around and for us to trample over MCS.” At the meeting, OftaCoop's president told the attendees they should make their own decision about payor contracting. Notwithstanding Eye Management's cease-and-desist letter, the former Secretary of the Board told the meeting attendees that they had to be united against Eye Management.
The collective refusal to deal among the ophthalmologists prevented Eye Management from creating a lower-cost network. Few ophthalmologists joined the Eye Management network. In early August 2014, Eye Management informed MCS of its inability to form a viable network of ophthalmologists. MCS directed Eye Management to suspend further efforts to develop a network.
MCS next tried to lower costs through its direct contracts with the ophthalmologists. In early August 2014, MCS offered to continue contracting directly with the ophthalmologists at rates about 10% below rates under its existing contracts with the ophthalmologists. Just as they had rejected Eye Management's proposed contracts, many ophthalmologists refused to accept MCS's offer and cancelled, or threatened to cancel, their existing contracts with MCS. The contract cancellations jeopardized MCS's ability to meet network adequacy requirements for its Medicare Advantage enrollees. It also threatened to imperil patient care: MCS received hundreds of phone calls from its enrollees complaining that ophthalmologists were not offering appointments or cancelling previously scheduled surgeries. MCS had no choice but to abandon its plan to lower rates and instead continued paying ophthalmologists the higher rates to retain its network.
Finally, the complaint alleges that OftaCoop has not undertaken any activities to create any integration among OftaCoop members in their delivery of ophthalmology services and thus cannot justify the alleged conduct.
The proposed consent order is designed to prevent recurrence of the illegal conduct alleged in the complaint. The key provisions are aimed at preventing OftaCoop from using concerted refusals to deal or other coercive tactics to extract favorable contract terms from payors. The proposed consent order also takes into account a change in Puerto Rico law that authorizes healthcare cooperatives to jointly negotiate with payors. Therefore, the proposed consent order does not prohibit OftaCoop from jointly contracting with payors.
Paragraph II.A bars OftaCoop from organizing or implementing agreements to refuse to deal, or to threaten to refuse to deal, with a payor over contract terms, as well as agreements not to deal individually with payors, or to deal only through OftaCoop. Paragraph II.B prohibits OftaCoop from submitting for state approval any payor contract that it negotiated using acts of coercion, intimidation, boycott, or concerted refusal to deal.
The remaining portions of Paragraph II prohibit conduct that would facilitate a violation of Paragraph II.A. Paragraph II.C bars information exchanges to further conduct that violates the core prohibitions of Paragraph II. Paragraphs II.D and II.E. ban attempts and encouragement of such violations.
Paragraph III.A requires OftaCoop to send a copy of the complaint and consent order to its members, officers, directors, managers, and employees. Paragraph III.B contains notification provisions relating to future contact with its members, officers, directors, managers and employees. For five years after the date on which the consent order is issued, OftaCoop is required to distribute a copy of the consent order and complaint to each member who begins participating in OftaCoop and each person who becomes an officer director, manager, or employee. Paragraph III.B also requires OftaCoop to publish a copy of the consent order and complaint, annually for five years, on its Web site, if any, or any official publication it sends to its members.
Paragraphs IV, V, and VI impose various obligations on OftaCoop to report or provide access to information to the Commission to facilitate monitoring of compliance with the consent order.
Finally, paragraph VII provides that the consent order will expire in 20 years.
During the investigation, Puerto Rico passed a new law (Act 228 of December 15, 2015) permitting healthcare cooperatives such as OftaCoop to jointly negotiate contracts with payors. Under this new law, healthcare cooperatives must file their payor agreements with the Puerto Rico Public Corporation for the Supervision and Insurance of Cooperatives (COSSEC). A committee whose members are not competitors in the market will oversee the negotiations, and must approve or disapprove each agreement.
Puerto Rico has neither issued any regulations nor do we have any record to evaluate how Puerto Rico will supervise negotiations. Therefore, the Commission is unable to assess to whether Act 228 complies with state action requirements.
In light of Act 228, the order also includes a proviso designed to clarify the scope of the prohibitions in Paragraph II. First, it provides that the provisions of Paragraph II do not prohibit OftaCoop, in exercising its business judgment, from rejecting a contract on behalf of its members, so long as there is no agreement between OftaCoop and any of its members that the member will refuse to deal individually (or will deal only through OftaCoop). Second, the proposed consent order does not prevent OftaCoop from exchanging information when necessary to conduct joint payor contract negotiations on behalf of its members. Such information would not, however, ordinarily include whether an individual member is participating in a particular contract or the terms on which it is negotiating with a payor independently of OftaCoop.
By direction of the Commission.
Division of Consumer and Business Education, Federal Trade Commission (“FTC” or “Commission”).
Notice.
The information collection requirements described below will be submitted to the Office of Management and Budget (“OMB”) for review, as required by the Paperwork Reduction Act (“PRA”). The FTC is seeking public comments on its proposal to renew its PRA clearance to participate in the OMB program “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.” This program was created to facilitate federal agencies' efforts to streamline the process to seek public feedback on service delivery. Current FTC clearance under this program expires April 30, 2017.
Comments must be submitted by March 31, 2017.
Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the
To request additional information, please contact Bridget Small at 202-326-3266.
Executive Order 12862 (1993) (“Setting Customer Service Standards”) directs all Federal executive departments and agencies and requests independent Federal agencies to provide service to “customers” that matches or exceeds the best service available in the private sector.
To the above ends, and to work continuously to ensure that the FTC's programs are effective and meet our customers' needs, we seek renewed OMB approval of a generic clearance to collect qualitative feedback on our service delivery (
The FTC will collect, analyze, and interpret information it gathers through this generic clearance program to identify strengths and weaknesses of current services and make improvements in service delivery based on feedback.
The types of collections that the proposed generic clearance covers include, but are not limited to:
• Customer comment cards/complaint forms;
• Small discussion groups;
• Focus Groups of customers, potential customers, delivery partners, or other stakeholders;
• Cognitive laboratory studies, such as those used to refine questions or assess usability of a Web site;
• Qualitative customer satisfaction surveys (
• In-person observation testing (
The FTC's use of this program contemplates a range of information collections that focus on the awareness, understanding, attitudes, preferences, or experiences of customers or other stakeholders (
Through these various types of information collections, the FTC's Division of Consumer and Business Education (“DCBE”) has, for example, created and tested
Consistent with OMB requirements, the FTC will only submit a collection for approval under this generic clearance if it meets the following conditions:
• The collections are voluntary;
• The collections are low-burden for respondents (based on considerations of total burden hours, total number of respondents, or burden-hours per respondent) and are low-cost for both the respondents and the Federal Government;
• The collections are non-controversial and do not raise issues of concern to other Federal agencies;
• Any collection is targeted to the solicitation of opinions from respondents who have experience with the program or may have experience with the program in the near future;
• Personally identifiable information (PII) is collected only to the extent necessary
• Information gathered will be used only internally for general service improvement and program management purposes and is not intended for release outside of the agency.
• Information gathered will not be used for the purpose of substantially informing influential policy decisions;
• Information gathered will yield qualitative information; the collections will not be designed or expected to yield statistically reliable results or used as though the results are generalizable to the population of study.
Under this generic clearance program, agency submissions of information collection requests to OMB obtain automatic approval, unless OMB identifies issues within 5 business days of receipt.
Generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior fielding the study.
Below is a description of the affected public and the FTC's projected average annual estimates for the next three years:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number assigned to the FTC to conduct past activities under this program is 3084-0159.
Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the proposed information collection is necessary, including whether the information will be practically useful; (2) the accuracy of our burden estimates, including whether the methodology and assumptions used are valid; (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. All comments should be filed as prescribed in the
You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before March 31, 2017. Write “FTC Generic Clearance ICR, Project No. P035201” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at
Because your comment will be made public, you are solely responsible for making sure that your comment doesn't include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment doesn't include any sensitive health information, like medical records or other individually identifiable health information. In addition, don't include any “[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential . . ., ” as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).
Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online, or to send them to the Commission by courier or overnight service. To make sure that the Commission considers your online comment, you must file it at
If you file your comment on paper, write “FTC Generic Clearance ICR, Project No. P035201” on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.
The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before March 31, 2017. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see
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.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, February 24, 2017, 11:00 a.m. to February 24, 2017, 05:00 p.m., National Cancer Institute-Shady Grove, 9606 Medical Center Drive, 3W030, Rockville, MD 20850 which was published in the
The meeting notice is amended to change the name of the meeting to “IT for Cancer Research” and the contact person to Nadeem Khan, Ph.D., Scientific Review Officer, Office of Referral, Review, and Program Coordination, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W530, Rockville, MD 20892-9750, 240-276-6442,
Periodically, the Substance Abuse and Mental Health Services Administration
The Substance Abuse and Mental Health Services Administration (SAMHSA) Center for Substance Abuse Prevention (CSAP) is requesting approval from the Office of Management and Budget (OMB) for a new data collection,
The case studies collection is part of a larger effort to evaluate the impact of the “
For this evaluation, SAMHSA intends to measure knowledge and attitudes before and after a focused campaign outreach effort in areas that have not previously had significant exposure to the campaign. Participants in the evaluation will be recruited from a middle school community, and will include parents/caregivers and students. School administrators and partnering organization(s), such as parent organizations and/or local prevention organizations will assist in the dissemination of campaign materials and data collection efforts. There will be two sites selected for the case studies—one site will serve as the experimental group and the other site will serve as the control group. The experimental group will be exposed to the “Talk. They Hear You.” messages using standard campaign materials and dissemination strategies, which will be coordinated through a local partner organization. The control group will not be intentionally exposed to the campaign materials. The case studies will include baseline surveys of parents/caregivers and children of middle-school age in both the experimental and control communities, followed by exposure to campaign materials in the experimental community, and post-exposure surveys of parents and children in both communities. Additionally, SAMHSA will conduct 30 interviews with parents and caregivers following the post-exposure surveys at the experimental site to obtain more detailed information about the specific impact of the campaign.
Written comments and recommendations concerning the proposed information collection should be sent by March 1, 2017 to the SAMHSA Desk Officer at the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). To ensure timely receipt of comments, and to avoid potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, commenters are encouraged to submit their comments to OMB via email to:
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
60-Day notice.
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 proposed information collection is published to obtain comments from the public and affected agencies.
Comments are encouraged and will be accepted for 60 days until March 31, 2017.
If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information,
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
• 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;
• 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;
• Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and
• 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,
1.
2.
3.
4.
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6.
If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.
Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.
30-day notice.
The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for an additional 30 days until March 1, 2017.
If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact Renee Reid, Chief, Personnel Security Division, either by mail at Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Washington, DC 20226, or by email at
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
Overview of this information collection:
(1)
(2)
(3)
(4)
(5)
(6)
If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.
Office on Violence Against Women, Department of Justice.
30-day Notice.
The Department of Justice, Office on Violence Against Women (OVW) 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for 30 days until March 1, 2017.
Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202-514-5430 or
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments 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,
(1) Type of Information Collection: New collection.
(2) Title of the Form/Collection: Domestic Violence and Housing Technical Assistance Consortium Safe Housing Needs Assessment.
(3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-XXXX. U.S. Department of Justice, Office on Violence Against Women.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes housing/homelessness providers and domestic violence/sexual assault service providers. Domestic violence is a major cause of homelessness, particularly for families with children. Among those families currently experiencing homelessness, more than 80 percent had previously experienced domestic violence. According to the U.S. Conference of Mayors, in 2008, 28% of families were homeless because of domestic violence and domestic violence is often cited as the primary cause of homelessness. There is a significant need for housing programs that offer supportive services and resources to victims of domestic violence and their children in ways that are trauma-informed and culturally relevant. The Administration for Children and Families (ACF), Family and Youth Services Bureau, Division of Family Violence Prevention and Services (DFVPS), the U.S. Department of Justice Office of Justice Programs Office for Victims of Crime (OJP/OVC), Office on Violence Against Women (OVW), and the Department of Housing and Urban Development (HUD) have established a federal technical assistance consortium that will provide national domestic violence and housing training, technical assistance, and resource development. The Domestic Violence and Housing Technical Assistance Consortium will implement a federally coordinated approach to providing resources, program guidance, training, and technical assistance to domestic violence, homeless, and housing service providers.
The Safe Housing Needs Assessment will be used to determine the training and technical assistance needs of organizations providing safe housing for domestic violence victims and their families. The Safe Housing Needs Assessment will gather input from community service providers, coalitions and continuums of care. This assessment is the first of its kind aimed at simultaneously reaching the domestic and sexual violence field, as well as the homeless and housing field. The assessment seeks to gather information on topics ranging from the extent to which both fields coordinate to provide safety and access to services for domestic and sexual violence survivors within the homeless system, to ways in which programs are implementing innovative models to promote long-term housing stability for survivors and their families. Additionally, this assessment seeks to identify specific barriers preventing collaboration across these fields, as well as promising practices. The results will help the Consortium provide organizations and communities with the tools, strategies and support necessary to improve coordination between domestic violence/sexual
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 78,660 respondents approximately fifteen minutes to complete an online assessment tool.
(6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 19,665 hours, that is 78,660 organizations completing an assessment tool one time with an estimated completion time being fifteen minutes.
If additional information is required contact: Melody Braswell, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E, 405B, Washington, DC 20530.
Office on Violence Against Women, Department of Justice.
30-day notice.
The Department of Justice, Office on Violence Against Women (OVW) 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for 30 days until March 1, 2017.
Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202-514-5430 or
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments 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,
(1)
(2)
(3)
(4)
(5)
(6)
Bureau of Justice Assistance, Department of Justice
30-day notice.
The Department of Justice (DOJ), Office of Justice Programs (OJP) has submitted 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. This proposed information collection
Comments are encouraged and will be accepted for an additional days until March 1, 2017.
If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact IWritten comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
1.
2.
3.
4.
5.
6.
If additional information is required contact: Melody Braswell, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E, 405B, Washington, DC 20530.
Office on Violence Against Women, Department of Justice.
30-day notice.
The Department of Justice, Office on Violence Against Women (OVW) 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for 30 days until March 1, 2017.
Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202-514-5430 or
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments 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,
(1)
(2)
(3)
(4)
The Tribal SASP supports efforts to help survivors heal from sexual assault trauma through direct intervention and related assistance from social service organizations such as rape crisis centers through 24-hour sexual assault hotlines, crisis intervention, and medical and criminal justice accompaniment. The Tribal SASP will support such services through the establishment, maintenance, and expansion of rape crisis centers and other programs and projects to assist those victimized by sexual assault.
(5)
(6)
Office on Violence Against Women, Department of Justice.
30-day notice.
The Department of Justice, Office on Violence Against Women (OVW) 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for 30 days until March 1, 2017.
Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202-514-5430 or
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments 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,
(1)
(2)
(3)
(4)
(5)
(6)
If additional information is required contact: Melody Braswell, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E, 405B, Washington, DC 20530.
Office on Violence Against Women, Department of Justice.
30-day Notice.
The Department of Justice, Office on Violence Against Women (OVW) 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 proposed information collection was previously published in the
Comments are encouraged and will be accepted for 30 days until March 1, 2017.
Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202-514-5430 or
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments 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,
(1)
(2)
(3)
(4)
The Safe Housing Needs Assessment will be used to determine the training and technical assistance needs of organizations providing safe housing for domestic violence victims and their families. The Safe Housing Needs Assessment will gather input from community service providers, coalitions and continuums of care. This assessment is the first of its kind aimed at simultaneously reaching the domestic and sexual violence field, as well as the homeless and housing field. The assessment seeks to gather information on topics ranging from the extent to which both fields coordinate to provide safety and access to services for domestic and sexual violence survivors within the homeless system, to ways in which programs are implementing innovative models to promote long-term housing stability for survivors and their families. Additionally, this assessment seeks to identify specific barriers preventing collaboration across these fields, as well as promising practices. The results will help the Consortium provide organizations and communities with the tools, strategies and support necessary to improve coordination between domestic violence/sexual assault service providers and homeless and housing service providers, so that survivors and their children can ultimately avoid homelessness and live free from abuse.
(5)
(6)
I, J. Patricia Wilson Smoot, of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 11:00 a.m., on Wednesday, January 25, 2017 at the U.S. Parole Commission, 90 K Street NE., Third Floor, Washington, DC 20530. The purpose of the meeting was to discuss original jurisdiction cases pursuant to 28 CFR 2.27. Three Commissioners were present, constituting a quorum when the vote to close the meeting was submitted.
Public announcement further describing the subject matter of the meeting and certifications of the General Counsel that this meeting may be closed by votes of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: Patricia K. Cushwa, J. Patricia Wilson Smoot and Charles T. Massarone.
Notice.
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). The program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of the collection requirements on respondents can be properly assessed. Currently, the Office of Labor-Management Standards (OLMS) of the Department of Labor (Department) is soliciting comments concerning the proposed extension of the collection of information requirements for processing applications under the Federal Transit Law. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Written comments must be submitted to the office listed in the addresses section below on or before March 31, 2017.
Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5609, Washington, DC 20210,
Please use only one method of transmission (mail or Email) to submit comments or to request a copy of this information collection and its supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden.
I.
II.
• 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;
• 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;
• Enhance the quality, utility, and clarity of the information to be collected; and
• 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,
III.
DOL Procedural Guidelines (29 CFR part 215), encourage the development of employee protections through local negotiations, but establish time frames for certification to expedite the process and make it more predictable, while assuring that the required protections are in place.
Pursuant to the Guidelines, DOL refers for review the grant application and the proposed terms and conditions to unions representing transit employees in the service area of the project and to the applicant and/or sub-recipient. No referral is made if the application falls under one of the following exceptions: (1) Employees in the service area are not represented by a union; (2) the grant is for routine replacement items; (3) the grant is for a Job Access project serving populations less than 200,000. (29 CFR 215.3). Grants where employees in the service area are not represented by a union will be certified without referral based on protective terms and conditions set forth by DOL.
When a grant application is referred to the parties, DOL recommends the terms and conditions to serve as the basis for certification. The parties have 15 days to inform DOL of any objections to the recommended terms including reasons for such objections. If no objections are registered and no circumstances exist inconsistent with the statue, or if objections are found not sufficient, DOL certifies the project on the basis of the recommended terms.
If DOL determines that the objections are sufficient, the Department, as appropriate, will direct the parties to negotiate for up to 30 days, limited to issues defined by DOL.
If the parties are unable to reach agreement within 30 days, DOL will review the final proposals and where no circumstances exist inconsistent with the statute, issue an interim certification permitting FTA to release funds, provided that no action is taken relating to the issues in dispute that would irreparably harm employees.
Following the interim certification, the parties may continue negotiations. If they are unable to reach agreement, DOL sets the terms for Final Certification within 60 days. DOL may request briefs on the issues in dispute before issuing the final certification.
Notwithstanding the above, the Department retains the right to withhold certification where circumstances inconsistent with the statue so warrant until such circumstances have been resolved.
Comments submitted in response to this notice will be summarized and/or included in the request for the Office of Management and Budget (OMB) approval of the information collection request; they will also become a matter of public record.
Legal Services Corporation.
Notice.
The Legal Services Corporation (LSC) issues this Notice describing the conditions under which Letters of Intent to Apply for 2017 funding will be received for the Pro Bono Innovation Fund. This notice and application information are posted at
Letters of Intent must be submitted by 11:59 p.m. Eastern Time on Wednesday, March 29, 2017.
Letters of Intent must be submitted electronically at
For more information about current Pro Bono Innovation Fund projects, please contact Mytrang Nguyen, Program Counsel, (202) 295-1564 or
The Legal Services Corporation (LSC) issues this Notice describing the conditions for submitting a Letter of Intent to Apply (LOI) for 2017 Pro Bono Innovation Fund grants. This notice and application information are posted at
Congress annually appropriates funds to LSC “for a Pro Bono Innovation Fund.”
Each year, LSC staff reviews Pro Bono Innovation Fund application data and engages with grantees to inform our grant making. In addition to analyzing successful and unsuccessful applications, LSC surveys our applicants and current Pro Bono Innovation Fund grantees to improve our program.
Since 2014, there has been significant interest in and competition for Pro Bono Innovation Fund grants. In 2015 and 2016, the total average amount requested for Pro Bono Innovation Fund grants was $12.1 million for the $3.8 million available in direct grants. From our three-year review of the Pro Bono Innovation Fund applications and data, LSC staff also noted that that a number of grantees have been repeatedly unsuccessful in obtaining a grant or have never applied for a Pro Bono Innovation Fund grant. At the same time, several 2014 Pro Bono Innovation Fund grantees submitted Letters of Intent to apply for a second Pro Bono Innovation Fund grant, even as their currently-funded projects were still underway.
For FY 2017, LSC will divide the grants into three categories to better implement the innovation, development, and replication goals of this program.
We believe that offering three types of different grant opportunities with our available FY 2017 Pro Bono Innovation Fund appropriation affords more options for LSC grantees to seek funding for what they most need to strengthen their pro bono program and increase the effective involvement of pro bono volunteers in their delivery of legal services to clients. It also allows LSC to continue to fund the highest-quality projects with the most potential for learning, replication, and impact.
Pro Bono Innovation Fund grants develop, test, and replicate innovative pro bono efforts that can enable LSC grantees to use pro bono volunteers to serve larger numbers of low-income clients and improve the quality and effectiveness of the services provided. The key goals of the Pro Bono Innovation Fund are to:
1. Address gaps in the delivery of legal services to low-income people.
2. Engage more lawyers and other volunteers in pro bono service.
3. Develop, test, and replicate innovative pro bono efforts.
The goal of Pro Bono Innovation Fund
The goal of Pro Bono Innovation Fund
Pro Bono Innovation Fund
The availability of Pro Bono Innovation Fund grants for FY 2017 depends on LSC's receipt of a full fiscal year appropriation. LSC is currently operating under a Continuing Resolution for FY 2017 which funds the federal government through April 28, 2017. The Continuing Resolution maintains funding at FY 2016 levels, but with an across-the-board reduction of 0.19 percent. In FY 2016, LSC received an appropriation of $4 million, of which $3.8 million was available for direct grants to support Pro Bono Innovation Fund projects. A .19 percent rescission for all of FY17 would result in a $7,600 decrease in the Pro Bono Innovation Fund's appropriation. In 2016, eleven Pro Bono Innovation Fund Projects received funding with a median funding amount of $345,455. There is no maximum amount for Pro Bono Innovation Fund requests that are within the total funding available.
Pro Bono Innovation Fund grant decisions for FY 2017 will be made in late August 2017. LSC anticipates knowing the total amount available for Pro Bono Innovation Fund grants before August and will communicate this information to all applicants as soon as LSC receives our final appropriation for the full fiscal year.
LSC will not designate fixed or estimated amounts for the three different funding tracks and will make grant awards for the three funding tracks.
Pro Bono Innovation Fund grant awards will cover an 18- to 24-month project period. Applicants for
LSC is committed to reviewing all Pro Bono Innovation Fund grant applications in a timely and thorough manner. Applicants must first submit a Letter of Intent to Apply for Funding to LSC to be considered for a grant. LSC staff will review the LOIs and notify applicants
The LOI should succinctly summarize the information requested for the funding track(s) for which an applicant seeks funding. A complete LOI consists of (1) a narrative that responds to the questions for the funding track and (2) a budget form.
Applicants must submit the LOI electronically using the LSC Grants online system found at
The system will be live for applicants in early March 2017.
The LOI narrative should be a Word or PDF document submitted in the LSC Grants system.
The LOI Narrative for
a.
• The specific client need and challenge or opportunity in the pro bono delivery system that the project will address.
• The goals and objectives of the project, the activities that make up the project, and how those activities will link to and achieve the stated goals and objectives.
• Strong indication of volunteer interest in and support for the project.
• The expected impact of the project. This should include a brief explanation of the changes and outcomes that will be created as a result of the project.
• The proposed strategies that are innovative or the best practices being replicated, including a brief discussion of how these innovation and/or replicable strategies were identified.
b.
• The qualifications and relevant experience of the proposed project team, any proposed partner organizations, and your organization.
• The role of your organization's executive management in the design and implementation of the project.
c.
• Estimated total project cost. This includes the estimate for the Pro Bono Innovation Fund requested amount and other in-kind or cash contributions to support the project. Your narrative should provide a breakdown of the major project expenses including, but not limited to, personnel, project expenses, contracts or sub-grants, etc., and how each expense supports the project design.
• For expenses related to personnel, please indicate how many and which positions will be fully or partially funded by the proposed grant.
• A list of any anticipated contributions, both in-kind and monetary, from all partners involved in the project.
• List of key partners who will receive Pro Bono Innovation Fund funding, including their roles and the estimated dollar amount or percent of budget assigned to each partner.
The LOI Narrative for
a.
• An honest assessment of the challenges with your organization's current pro bono efforts that inhibit your ability to test, develop, and replicate innovations, and the reasons for them.
• At least three specific and ambitious improvements to your organization's pro bono program that you would like to achieve in the first 6-9 months of a two-year Transformation Grant.
b.
• The qualifications and relevant experience of each proposed team member.
• Whether a majority your executive and senior managers agree that your organization's pro bono program needs significant improvements.
• The role your organization's executive director and/or senior managers would play in a pro bono transformation effort.
c.
• The estimated total cost and a clear description of what the grant will fund. Your narrative should provide a breakdown of the major expenses including, but not limited to, personnel, project expenses, contracts or sub-grants, etc., and how each expense supports the transformation effort to improve your pro bono program.
• For expenses related to personnel, please indicate how many and which positions will be fully or partially funded by the proposed grant.
• For contracts, please describe whether you intend to use consultants, implement new technology systems, conduct business process analysis, etc. and how this supports improvements to you pro bono program.
The LOI Narrative for
a.
• The impact of the Pro Bono Innovation Fund project to date, supported by data and analysis as to whether the goals of the project were achieved.
• Evidence of ongoing client need and how you intend to make the project part of your core legal services.
• The level of engagement of pro bono volunteers/private bar and the best practices in pro bono delivery that can be replicated by others.
• How ongoing program evaluation and data collection will be incorporated into the project.
b.
• The project staff that will be responsible for the sustainability phase of the project. Please include any additional staff, descriptions of new responsibilities for existing project staff and/or organizational changes that will be made.
• The role of your organization's executive management in the decision to seek this Sustainability Grant and recent examples of your organization's track record turning “new” or special projects into core legal services.
c.
• Estimated total project cost. This includes the estimate for the Pro Bono Innovation Fund requested amount and other in-kind or cash contributions to support the project. Your narrative should provide a breakdown of the major project expenses including, but not limited to, personnel, project expenses, etc., and how each expense supports the project design.
• A narrative proposing an ambitious match requirement that reduces the Pro Bono Innovation Fund contribution to the project for the grant term. LSC is not setting a specific percentage of required match for Sustainability grant applicants but will assess the two-year budget from the applicant's previously funded project with the grant amount proposed in the Sustainability LOI. LSC's expectation is that applicants will propose a meaningful shift from Pro Bono Innovation Fund support to other sources of support during the grant term.
• A narrative discussing the potential sources of funding that have been or will be cultivated. If the project has already received new financial support, please provide the source and amount committed and further describe the plans for ensuring continued financial support.
11:00 a.m. to 2:00 p.m., Thursday, February 9, 2017.
The offices of the Morris K. Udall and Stewart L. Udall Foundation, 130 South Scott Avenue, Tucson, AZ 85701.
This special meeting of the Board of Trustees will be open to the public.
(1) Call to Order & Chair's Remarks and (2) a 2018-2022 Strategic Planning Session.
Philip J. Lemanski, Executive Director, 130 South Scott Avenue, Tucson, AZ 85701, (520) 901-8500.
January 30, February 6, 13, 20, 27, March 6, 2017.
Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.
Public and Closed.
There are no meetings scheduled for the week of January 30, 2017.
There are no meetings scheduled for the week of February 6, 2017.
This meeting will be webcast live at the Web address—
This meeting will be webcast live at the Web address—
There are no meetings scheduled for the week of February 20, 2017.
This meeting will be webcast live at the Web address—
There are no meetings scheduled for the week of March 6, 2017.
The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0981 or via email at
The NRC Commission Meeting Schedule can be found on the Internet at:
The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (
Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email
Nuclear Regulatory Commission.
Public scoping period end date; public meetings and request for comments.
The U.S. Nuclear Regulatory Commission (NRC) received a license application from Waste Control Specialists LLC (WCS) by letter dated April 28, 2016, as supplemented on July 20, August 19, August 31, September 27, October 7, November 16, December 16, and December 22, 2016, respectively. By this application, WCS is requesting authorization to construct and operate a Consolidated Interim Storage Facility (CISF) for spent nuclear fuel at WCS's facility in Andrews County, Texas. The NRC is preparing an environmental impact statement (EIS) to document the potential environmental impacts from the proposed action. As part of the EIS development process, the NRC is seeking comments on the scope of its environmental review and is holding public meetings to aid in this effort.
The scoping period began on November 14, 2016, and ends on March 13, 2017. Comments received after these dates will be considered if it is practical to do so but assurance of consideration cannot be given to comments received after this date.
Please refer to Docket ID NRC-2016-0231 when providing scoping comments or contacting the NRC about the availability of information regarding this document. You may submit scoping comments by the following methods:
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Comments must be submitted by March 13, 2017, to ensure consideration. For additional direction on accessing information and submitting comments, see “Obtaining Information and Submitting Comments” in the
James Park, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC, 20555-0001; telephone: 301-415-6954; email:
Please refer to Docket ID NRC-2016-0231 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods:
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Please include Docket ID NRC-2016-0231 in your comment submission. Written comments may be submitted during the scoping period as described in the
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
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.
In a letter dated April 28, 2016, WCS submitted an application to the NRC for a specific license, pursuant to part 72 of title 10 of the
In a letter dated July 21, 2016, WCS also requested that the NRC initiate its environmental impact atatement (EIS) process for the WCS application as soon as practicable. The NRC informed WCS, in a letter dated October 7, 2016, that the NRC would begin its EIS process in advance of an NRC decision regarding the acceptance of the WCS application and noted that doing so would help fulfill the purposes of the NRC's National Environmental Policy Act (NEPA) review of the application. On November 14, 2016, the NRC published a notice in the
The EIS prepared by the NRC will examine the potential environmental impacts of the proposed construction and operation of the CISF. The NRC will evaluate the potential impacts to various environmental resources, such as air quality, surface and ground water, transportation, geology and soils, and socioeconomics. The EIS will analyze potential impacts of WCS' proposed facility on historic and cultural resources and on threatened and endangered species. A cost benefit analysis also will be documented in the EIS.
In parallel with the environmental review, the NRC will be conducting a safety review to determine WCS' compliance with NRC's regulations, including 10 CFR part 20, “Standards for Protection Against Radiation” and 10 CFR part 72. NRC's findings will be published in a Safety Evaluation Report.
If the NRC approves WCS' request and issues a license, then WCS could proceed with the proposed project—the construction and operation of the CISF—as described in its Environmental Report and summarized in this document.
The NRC received an application from WCS proposing to construct a CISF on its approximately 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas. On this site, WCS currently operates facilities that process and store certain types of radioactive material, mainly low-level waste and mixed waste (
In its application, WCS plans to construct the CISF in eight phases. Phase one of the CISF would be designed to provide storage for up to 5,000 MTU received from commercial nuclear power reactors across the United States. The WCS proposes that small amounts of mixed oxide spent fuels and greater than Class C wastes also be stored at the CISF. The WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU for a total of up to 40,000 MTU being stored at the site by the completion of the final phases. Each phase would require the NRC's review and approval.
The WCS would receive canisters containing spent nuclear fuel from the reactor sites, and once accepted at its site, WCS would transfer them into onsite dry cask storage systems. The WCS application stated that it would employ the dry cask storage system technology that has been licensed by the NRC pursuant to 10 CFR part 72, at various commercial nuclear reactors across the country. The dry cask storage systems proposed by WCS for use at the CISF would be passive systems (
The EIS will analyze the environmental impacts of the proposed action, the no-action alternative, and reasonable alternatives. A brief description of each is provided below.
The NRC is conducting a scoping process for the WCS EIS. In accordance with 10 CFR 51.29, the NRC seeks public input to help the NRC determine the appropriate scope of the EIS, including the alternatives and significant environmental issues to be analyzed in depth, as well as those that should be eliminated from detailed study because they are peripheral or are not significant. In addition to accepting comments either electronically or by letter as described in the
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The two local public meetings will start at 7:00 p.m. local time and will continue until 10:00 p.m. Additionally, the NRC will host informal discussions during an open house 1 hour prior to the start of each meeting. Open houses will start at 6:00 p.m. local time for the local meetings.
Persons interested in attending or presenting oral comments at any of these public meetings are encouraged to pre-register. Persons may pre-register to attend or present oral comments by calling Antoinette Walker-Smith at 301-415-6957 no later than 3 days prior to the meeting. Members of the public may also register to provide oral comments in-person at each meeting. Individual oral comments may be limited by the time available, depending on the number of persons who register. If special equipment or accommodations are needed to attend or present information at a public meeting, the need should be brought to the NRC's attention no later than 10 days prior to the meeting to provide the NRC staff adequate notice to determine whether the request can be accommodated.
The NRC also is considering holding additional public scoping meetings at the NRC headquarters in Rockville, Maryland, in the week following the local meetings. Persons interested in attending the NRC's headquarters meetings should check the NRC's Public Meeting Schedule Web page at
After the close of the scoping period, the NRC will prepare a concise summary of its scoping process, the
The WCS EIS will address the potential impacts from the construction and operation of the CISF. The anticipated scope of the EIS will consider both radiological and non-radiological (including chemical) impacts associated with the proposed project and its alternatives. The EIS will also consider unavoidable adverse environmental impacts, the relationship between short-term uses of resources and long-term productivity, and irreversible and irretrievable commitments of resources. The following resource areas have been tentatively identified for analysis in the WCS EIS: Land use, transportation, geology and soils, water resources, ecological resources, air quality and climate change, noise, historical and cultural resources, visual and scenic resources, socioeconomics, public and occupational health, waste management, environmental justice, and cumulative impacts. This list is not intended to be exhaustive, nor is it a predetermination of potential environmental impacts. The EIS will describe the NRC's approach and methodology undertaken to determine the resource areas that will be studied in detail and the NRC's evaluation of potential impacts to those resource areas.
The NRC encourages members of the public, local, State, Tribal, and Federal government agencies to participate in the scoping process. Written comments may be submitted during the scoping period as described in the
In addition to requesting scoping comments through this
The NRC will continue its environmental review of WCS' license application, and with its contractor, prepare a draft EIS and, as soon as practicable, publish it for public comment. The NRC plans to have a public comment period for the draft EIS. Availability of the draft EIS and the dates of the public comment period will be announced in a future
The documents identified in this
For the U.S. Nuclear Regulatory Commission.
Nuclear Regulatory Commission.
License application; docketing and opportunity to request a hearing and to petition for leave to intervene.
The U.S. Nuclear Regulatory Commission (NRC) received a license application from Waste Control Specialists, LLC (WCS), by letter dated April 28, 2016, as supplemented on July 20, August 19, August 31, September 27, October 7, November 16, December 16, and December 22, 2016, respectively. By this application, WCS is requesting authorization to construct and operate a Consolidated Interim Storage Facility (CISF) for spent nuclear fuel at WCS's facility in Andrews County, Texas. If the application is approved and WCS is licensed by the NRC, they intend to store 5,000 metric tons uranium (MTU) in the CISF for a period of 40 years.
A request for a hearing or petition for leave to intervene must be filed by March 31, 2017.
Please refer to Docket ID NRC-2016-0231 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available
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John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0262; email:
The NRC received an application from WCS for a specific license pursuant to part 72 of title 10 of the
According to its application WCS plans to construct the CISF in eight phases. Phase one of the CISF would be designed to provide storage for up to 5,000 MTU received from commercial nuclear power reactors across the United States. The WCS proposes that small amounts of mixed oxide spent fuels and greater than Class C wastes also be stored at the CISF. The WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU for a total of up to 40,000 MTU being stored at the site by the completion of the final phases. Each phase would require NRC review and approval.
The WCS would receive canisters containing spent nuclear fuel from the reactor sites, and once accepted at its site, WCS would transfer them into onsite dry cask storage systems. The WCS application stated that it would employ dry cask storage system technology that has been licensed by the NRC pursuant to part 72 of title 10 of the
In a letter dated July 21, 2016, WCS also requested that the NRC initiate its environmental impact statement (EIS) process for the WCS application as soon as practicable. The NRC informed WCS of its decision to start the EIS process in advance of making a decision either to docket or to reject the application, in a letter dated October 7, 2016. On November 14, 2016, the NRC published a notice in the
An NRC administrative completeness review found the application acceptable for a technical review. Prior to issuing the license, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (AEA), and the NRC's regulations. The NRC's findings will be documented in a safety evaluation report and an EIS.
Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at
As required by 10 CFR 2.309(d), the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity
Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.
A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by March 31, 2017. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.
All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at
Information about applying for a digital ID certificate is available on the NRC's public Web site at
A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public Web site at
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at
For the Nuclear Regulatory Commission.
The ACRS Subcommittee on NuScale will hold a meeting on February 7, 2017, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.
The meeting will be open to public attendance with the exception of portions that may be closed to protect information that is proprietary pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows:
The Subcommittee will review NuScale Topical Report (TR) 1015-18653, “Highly Integrated Protection System Platform,” Rev 1. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.
Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christina Antonescu (Telephone 301-415-6792 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland. After registering with Security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.
The ACRS Subcommittee on Planning and Procedures will hold a meeting on
The meeting will be open to public attendance with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.
The agenda for the subject meeting shall be as follows:
The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.
Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Quynh Nguyen (Telephone 301-415-5844 or Email:
Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the DFO if such rescheduling would result in a major inconvenience.
If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (240-888-9835) to be escorted to the meeting room.
President's Commission on White House Fellowships, U.S. Office of Personnel Management.
Notice of meeting.
The President's Commission on White House Fellowships (PCWHF) was established by an Executive Order in 1964. The PCWHF is an advisory committee composed of Special Government Employees appointed by the President.
The meeting is closed.
Cara LaPointe, Interim Director, President's Commission on White House Fellowships, 712 Jackson Place NW., Washington, DC 20503, Phone: 202-395-4522.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
The Exchange proposes to amend Rule 7130 (Execution and Price/Time Priority) to include a Participant ID, if elected, to be included in BOX's proprietary High Speed Vendor Feed (“HSVF”) for orders exposed pursuant to Rule 7130(b)(3)(ii). The text of the proposed rule change is available from the principal office of the Exchange, at the Commission's Public Reference Room and also on the Exchange's Internet Web site at
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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.
The purpose of the proposed rule change is to amend Rules 7130 and 7110. Specifically, the Exchange proposes to adopt Rule 7130(b)(3)(iii), which states that a Participant may elect to include their Participant ID, including any supplemental clearing information, in the HSVF for any orders exposed pursuant to Rule 7130(b)(3)(ii).
The HSVF is a proprietary product that contains: (i) Trades and trade cancelation information; (ii) best-ranked price level to buy and the best-ranked price level to sell; (iii) instrument summaries (including information such as high, low, and last trade price and traded volume); (iv) the five best limit prices and the best-ranked Legging Order
The HSVF provides data to enhance the ability of subscribers to analyze market conditions and to create and test trading models and analytical strategies. The Exchange believes that the HSVF is a valuable tool that can be used to gain comprehensive insight into the trading activity in a particular option series. The addition of the voluntary Participant ID, including any supplemental clearing information, for orders exposed pursuant to Rule 7130(b)(b)(ii) will further increase the value of this tool by allowing market participants to better gauge exposed orders and partake in enhanced executions.
The Exchange also proposes to reflect the proposed changes discussed above in BOX Rule 7110(f). Currently, Rule 7110(f) states that the identity of Options Participants who submit orders to the Trading Host will remain anonymous to market participants at all times, except orders submitted through the Directed Order process, during error resolution or through the normal clearing process as set forth in Rule 7130. The Exchange proposes to include reference to certain exposed orders as set forth in proposed Rule 7130(b)(3)(iii) which will allow the Participant ID to be revealed in the HSVF, if elected by the Participant.
The Exchange intends to implement the proposed change no later than March 31, 2017. The Exchange will provide Participants with notice, via Information Circular, of the exact implementation date.
The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,
The proposed rule change will allow the Exchange to reveal Participant IDs in the HSVF for orders exposed pursuant to Rule 7130(b)(3)(iii). The Exchange believes that the proposed change will enhance subscribers' ability to make more informed and timely trading decisions. Additionally, as set forth above, the Exchange believes this proposed change is reasonable and appropriate as another exchange has similar functionality.
The proposed rule change would allow the Exchange to disseminate additional information in its propriety market data product, the HSVF. This enhancement to the HSVF will give market participants greater information on which to base their trading strategies. As such, the Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.
The Exchange has neither solicited nor received comments on the proposed rule change.
Because the foregoing 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 for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act
At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
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:
• Use the Commission's Internet comment form (
• Send an email to
• Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Securities and Exchange Commission.
Notice of meeting.
The Securities and Exchange Commission Advisory Committee on Small and Emerging Companies is providing notice that it will hold a public meeting on Wednesday, February 15, 2017, in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC. The meeting will begin at 9:30 a.m. (EDT) and will be open to the public. The meeting will be webcast on the Commission's Web site at
The public meeting will be held on Wednesday, February 15, 2017. Written statements should be received on or before February 13, 2017.
The meeting will be held at the Commission's headquarters, 100 F Street NE., Washington, DC. Written statements may be submitted by any of the following methods:
• Use the Commission's Internet submission form (
• Send an email message to
• Send paper statements to Brent J. Fields, Federal Advisory Committee Management Officer, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File No. 265-27. This file number should be included on the subject line if email is used. To help us process and review your statement more efficiently, please use only one method. The Commission will post all statements on the Advisory Committee's Web site (
Statements also 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. All statements received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly.
Julie Z. Davis, Senior Special Counsel, at (202) 551-3460, Office of Small Business Policy, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-3628.
In accordance with Section 10(a) of the Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations thereunder, Elizabeth M. Murphy, responsible as Designated Federal Officer of the Committee, has ordered publication of this notice.
Securities and Exchange Commission (“Commission”).
Notice of an application under section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act. The requested exemption would permit an investment adviser to hire and replace certain
Aspiration Funds (the “Trust”), a Delaware statutory trust registered under the Act as an open-end management investment company with multiple series, and Aspiration Fund Adviser, LLC, a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940 (the “Adviser,” and, collectively with the Trust, the “Applicants”).
The application was filed November 25, 2014, and amended on March 7, 2016, August 30, 2016 and January 6, 2017.
An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on February 21, 2017, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants: 4640 Admiralty Way, Marina Del Rey, CA 90292.
Barbara T. Heussler, Senior Counsel, at (202) 551-6990, or Mary Kay Frech, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).
The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or an applicant using the Company name box, at
1. The Adviser serves as the investment adviser to the Funds pursuant to an investment advisory agreement with the Trust (the “Advisory Agreement”).
2. Applicants request an exemption to permit the Adviser, subject to Board approval, to hire certain Subadvisers pursuant to Subadvisory Agreements and materially amend existing Subadvisory Agreements without obtaining the shareholder approval required under section 15(a) of the Act and rule 18f-2 under the Act.
3. Applicants agree that any order granting the requested relief will be subject to the terms and conditions stated in the application. Such terms and conditions provide for, among other safeguards, appropriate disclosure to Fund shareholders and notification about sub-advisory changes and enhanced Board oversight to protect the interests of the Funds' shareholders.
4. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provisions of the Act, or any rule thereunder, if such relief is necessary or appropriate in the public interest and consistent with the protection of investors and purposes fairly intended by the policy and provisions of the Act. Applicants believe that the requested relief meets this standard because, as further explained in the application, the Advisory Agreements will remain subject to shareholder approval, while the role of the Subadvisers is substantially similar to that of individual portfolio managers, so that requiring shareholder approval of Subadvisory Agreements would impose unnecessary delays and expenses on the Funds.
For the Commission, by the Division of Investment Management, under delegated authority.
On November 23, 2016, the Fixed Income Clearing Corporation filed with the Securities and Exchange Commission (“Commission”) the proposed rule change SR-FICC-2016-007 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”)
As described by FICC in the proposed rule change, FICC proposes to change the methodology that it currently uses in the Mortgage-Backed Securities Division's (“MBSD”) value-at-risk (“VaR”) model from one that employs a full revaluation approach to one that would employ a sensitivity approach.
A key tool that FICC uses to manage market risk is the daily calculation and collection of Required Fund Deposits from MBSD clearing members (“Clearing Members”).
According to FICC, the objective of a Clearing Member's Required Fund Deposit is to mitigate potential losses to FICC associated with liquidation of such Clearing Member's portfolio in the event that FICC ceases to act for such Clearing Member (
Generally, the VaR Charge is calculated using a risk-based margin methodology that is intended to capture the market price risk associated with the securities in a Clearing Member's portfolio. More specifically, FICC calculates the VaR Charge using a methodology referred to as the full revaluation approach. The full revaluation approach uses a historical simulation method to fully re-price each security in a Clearing Member's portfolio. According to FICC, the methodology is designed to project the potential gains or losses that could occur in connection with the liquidation of a defaulting Clearing Member's portfolio, assuming that a portfolio would take three days to hedge or liquidate in normal market conditions.
If FICC determines that a security's price history is incomplete and the market price risk cannot be calculated by the VaR model, then FICC applies the Margin Proxy until such security's trading history and pricing reflects market risk factors that can be appropriately calibrated from the security's historical data.
According to FICC, during the volatile market period that occurred during the second and third quarters of 2013, FICC's full revaluation approach did not respond effectively to the levels of market volatility at that time, and the model did not achieve a 99 percent confidence level.
FICC reviewed the existing model's deficiencies, examined the root causes of the deficiencies, and considered options that would remediate the model weaknesses. As a result of this review, FICC now proposes to change MBSD's methodology for calculating the VaR Charge by: (i) Replacing the full revaluation approach with the sensitivity approach; (ii) using the Margin Proxy as an alternative volatility calculation in the event that the data used for the sensitivity approach is unavailable for an extended period of time; and (iii) establishing a VaR Floor to address a circumstance where the proposed VaR model yields a VaR Charge amount that is lower than 5 basis points of the market value of a Clearing Member's gross unsettled positions.
FICC's current full revaluation method uses valuation algorithms to fully re-price each security in a Clearing Member's portfolio over a range of historically simulated scenarios. While there are benefits to this method, according to FICC, its deficiencies are that it requires significant historical market data inputs, calibration of various model parameters, and extensive quantitative support for price simulations.
Because data quality is an important component of calculating the VaR Charge, FICC would conduct independent data checks to verify the accuracy and consistency of the data feed received from the vendor. According to FICC, it has reviewed a description of the vendor's calculation methodology and the manner in which the market data is used to calibrate the vendor's models, and it states that it understands and is comfortable with the vendor's controls, governance process, and data quality standards.
According to FICC, the sensitivity approach would provide three key benefits.
Second, FICC states that the proposed sensitivity approach would provide more transparency to Clearing Members. Since Clearing Members typically use risk factor analysis for their own risk and financial reporting, these Clearing Members would have comparable data and analysis to assess the variation in their VaR Charges based on changes in the market value of their portfolios. Therefore, Clearing Members would be able to simulate the VaR Charge to a closer degree than under the existing VaR model.
Third, FICC states that the proposed sensitivity approach would better provide FICC with the ability to increase the look-back period used to generate the risk scenarios from one year to 10 years plus an additional stressed period, as determined necessary by FICC.
In connection with FICC's proposal to source data for the proposed sensitivity approach from an external vendor, FICC is also proposing procedures that would govern in the event that the vendor fails to provide sensitivity data and risk factor data. If the vendor fails to provide any data or a significant portion of the data timely, FICC would use the most recently available data on the first day that such data disruption occurs.
FICC would calculate the Margin Proxy on a daily basis, and the Margin Proxy method would be subject to monthly performance review. FICC would monitor the performance of the calculation on a monthly basis to ensure that it could be used in the circumstance described above. Specifically, FICC would monitor each Clearing Member's Required Fund Deposit and the aggregate Clearing Fund requirements versus the requirements calculated by Margin Proxy. FICC would also backtest the Margin Proxy results versus the three-day profit and loss based on actual market price moves. If FICC observes material differences between the Margin Proxy calculations and the aggregate Clearing Fund requirement calculated using the proposed VaR model, or if the Margin Proxy's backtesting results do not meet FICC's 99 percent confidence level, management may recommend remedial actions, such as increasing the look-back
FICC proposes to amend the definition of VaR Charge to include a VaR Floor. The VaR Floor would be used as an alternative to the amount calculated by the proposed model for portfolios where the VaR Floor would be greater than the model-based charge amount. FICC's proposal to establish a VaR Floor seeks to address the risk that the proposed VaR model may calculate too low a VaR Charge for certain portfolios where the VaR model applies substantial risk offsets among long and short positions in different classes of mortgage-backed securities that have a high degree of historical price correlation. According to FICC, because this high degree of historical price correlation may not apply in future changing market conditions,
FICC proposes to eliminate two components of the Required Fund Deposit—the Coverage Charge
According to FICC, as part of the development and assessment of the sensitivity approach for the proposed VaR model, FICC obtained an independent validation of the proposed model by an external party, backtested the model's performance and analyzed the impact of the margin changes. Results of the analysis indicated that the proposed sensitivity approach would be more responsive to changing market dynamics and a Clearing Member's portfolio composition coverage than the existing model. The model validation and backtesting analysis also demonstrated that the proposed sensitivity model would provide sufficient margin coverage on a standalone basis. Because testing and validation of MBSD's proposed VaR model show a material improvement in margin coverage, FICC believes that the Coverage Charge and MRD components are no longer necessary.
According to FICC, occasionally, portfolios contain classes of securities that reflect market price changes not consistently related to historical risk factors. The value of these securities is often uncertain because the securities' market volume varies widely, which limits their price histories. Since the volume and price information for such securities is not robust, a historical simulation approach would not generate VaR Charge amounts that adequately reflect the risk profile of such securities. Currently, MBSD Rule 4 provides that FICC may use a historic index volatility model to calculate the VaR component of the Required Fund Deposit for these classes of securities.
FICC proposes to calculate the component of the Required Fund Deposit applicable to these securities by applying a fixed haircut level to the gross market value of the positions. FICC has selected an initial haircut of one percent based on its analysis of a five-year historical study of three-day returns during a period that such securities were traded. This percentage would be reviewed annually or more frequently if market conditions warrant and updated, if necessary, to ensure sufficient coverage.
Section 19(b)(2)(C) of the Act
The Commission finds that the proposed rule change described above is consistent with the Act, in particular Section 17A(b)(3)(F) of the Act,
Section 17A(b)(3)(F) of the Act
First, FICC proposes to implement the sensitivity approach to its VaR Charge calculation. The change would enable FICC to better limit its exposure to Clearing Members by correcting deficiencies in MBSD's existing VaR methodology by leveraging an external vendor's expertise in supplying market risk attributes used to calculate the VaR Charge in the proposed sensitivity approach. In turn, the sensitivity approach would enable FICC to view and respond more effectively to market volatility by allowing FICC to attribute market price moves to various risk factors such as key rates. Second, the proposal to implement the Margin Proxy as a back-up methodology to the
By better limiting exposure to Clearing Members, the proposed changes are designed to ensure that, in the event of Clearing Member default, MBSD's operations would not be disrupted and non-defaulting Clearing Members would not be exposed to losses that they cannot anticipate or control. In this way, the proposed rules are designed to assure the safeguarding of securities and funds which are in the custody or control of FICC or for which it is responsible and are therefore consistent with Section 17A(b)(3)(F) of the Act.
Rule 17Ad-22(b)(1) under the Act
Rule 17Ad-22(b)(2) under the Act
On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act and the rules and regulations thereunder.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,
For further information, including a list of the imported objects, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S.
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,
For further information, including an object list, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,
For further information, including a list of the imported objects, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:
Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT).
Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary with EUROCAE WG-44.
The FAA is issuing this notice to advise the public of a meeting of Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary with EUROCAE WG-44.
The meeting will be held on February 27 to March 1, 2017, from 9:00 a.m.-5:00 p.m. and March 2, 2017, from 9:00 a.m.-3:00 p.m. Registration is required for attendance. Please contact Rebecca Morrison at
The meeting will be held at: Airbus Facilities, 1 Avenue d'Aéroconstellation, 31700 Blagnac, France.
Rebecca Morrison at
Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of the Twenty Eighth RTCA SC-217 Aeronautical Databases Joint Plenary with EUROCAE WG-44. The agenda will include the following:
Attendance is open to the interested public but limited to space availability. Registration is required for attendance. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the
Issued in Washington, DC, on January 24, 2017.
Internal Revenue Service (IRS), Treasury.
Notice and request for comments.
The Department of the Treasury, 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. Currently, the IRS is soliciting comments concerning Announcement 2004-38 (as modified by Notice 2006-105), Election of Alternative Deficit Reduction Contribution.
Written comments should be received on or before March 31, 2017 to be assured of consideration.
Direct all written comments to Tuawana Pinkston, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224.
Requests for additional information or copies of the announcement should be directed to Kerry Dennis, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at
The following paragraph applies to all of the collections of information covered by this notice:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice.
Comments should be received on or before March 1, 2017 to be assured of consideration.
Send comments regarding the burden estimate, or any other aspect of the information collections, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at
Copies of the submission may be obtained by emailing
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.
The CDFI Fund implements programs that provide financial assistance in the form of grants, loans, and tax credits to increase the capacity of financial institutions to provide capital, credit, and financial services in underserved markets. Additionally, the CDFI Fund is responsible for confirming certification for Community Development Entities (CDEs) and Community Development Financial Institutions (CDFIs). Organizations that receive Federal financial assistance from the CDFI Fund are required to report Material Events in order to be in compliance with requirements of their award agreements. CDEs and CDFIs are required to report Material Events to maintain their certification status with the CDFI Fund.
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice.
Comments should be received on or before March 1, 2017 to be assured of consideration.
Send comments regarding the burden estimates, or any other aspect of the information collections, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at
Copies of the submissions may be obtained by emailing
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.
United States Institute of Peace.
Friday, February 10, 2017 (10:00 a.m.-1:45 p.m.)
2301 Constitution Avenue NW., Washington, DC 20037.
Open Session—Portions may be closed pursuant to Subsection (c) of Section 552(b) of Title 5, United States Code, as provided in subsection 1706(h)(3) of the United States Institute of Peace Act, Public Law 98-525.
February 10, 2017 Board Meeting; Approval of Minutes of the One Hundred Sixtieth Meeting (October 21, 2016) of the Board of Directors; Chairman's Report; Vice Chairman's Report; President's Report; Reports from USIP Board Committees; Stoplight Presentation; Overview of Africa Projects and Programs; PeaceTech Lab Bi-Annual Update.
Nick Rogacki, Special Assistant to the President, Email:
(b) Nothing in this order shall be construed to impair or otherwise affect:
(c) All actions taken pursuant to this order shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods. Nothing in this order shall be interpreted to supersede measures established under authority of law to protect the security and integrity of specific activities and associations that are in direct support of intelligence and law enforcement operations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
“Produced in the United States” shall mean:
(b)
(c)
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(A) all applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321
(B) any other provision of law that requires executive department consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973, 16 U.S.C. 1536(a)).
(b)
(c)
(d)
(e)
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(b) This memorandum shall be implemented consistent with applicable laws and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the
(a) secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;
(b) detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;
(c) expedite determinations of apprehended individuals' claims of eligibility to remain in the United States;
(d) remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and
(e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.
(b) “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry.
(c) “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.
(d) Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security.
(e) “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.
(f) “Executive department” shall have the meaning given in section 101 of title 5, United States Code.
(g) “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.
(h) “Operational control” shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.
(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;
(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;
(c) Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and
(d) Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.
(b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.
(c) The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the
(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.
(a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.
(b) The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.
(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).
(d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.
(e) The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.
(a) permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and
(b) enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code;
(b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States;
(c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law;
(d) Ensure that aliens ordered removed from the United States are promptly removed; and
(e) Support victims, and the families of victims, of crimes committed by removable aliens.
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in a manner that provides the most effective model for enforcing Federal immigration laws for that jurisdiction.
(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.
(b) To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.
(c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction.
(b) The Secretary shall review agency regulations, policies, and procedures for consistency with this order and, if required, publish for notice and comment proposed regulations rescinding or revising any regulations inconsistent with this order and shall consider whether to withdraw or modify any inconsistent policies and procedures, as appropriate and consistent with the law.
(c) To protect our communities and better facilitate the identification, detention, and removal of criminal aliens within constitutional and statutory parameters, the Secretary shall consolidate and revise any applicable forms to more effectively communicate with recipient law enforcement agencies.
(a) the immigration status of all aliens incarcerated under the supervision of the Federal Bureau of Prisons;
(b) the immigration status of all aliens incarcerated as Federal pretrial detainees under the supervision of the United States Marshals Service; and
(c) the immigration status of all convicted aliens incarcerated in State prisons and local detention centers throughout the United States.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Category | Regulatory Information | |
Collection | Federal Register | |
sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
Publisher | Office of the Federal Register, National Archives and Records Administration |