Federal Register Vol. 82, No.195,

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47083-47362
FR Document

82_FR_195
Current View
Page and SubjectPDF
82 FR 47361 - German-American Day, 2017PDF
82 FR 47228 - Termination of the Designation of Sudan for Temporary Protected StatusPDF
82 FR 47162 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management AreaPDF
82 FR 47252 - Sunshine Act MeetingsPDF
82 FR 47210 - Meeting of the National Advisory Council for Healthcare Research and QualityPDF
82 FR 47264 - Sunshine Act MeetingsPDF
82 FR 47265 - Sunshine Act MeetingsPDF
82 FR 47245 - Notice of Intent To Prepare an Environmental Impact Statement for the Alkali Creek Reservoir Project, Big Horn County, WyomingPDF
82 FR 47247 - Notice of Public Meeting of the Sierra Front-Northwestern Great Basin Resource Advisory CouncilPDF
82 FR 47248 - Notice of Cancellation of Withdrawal Application and Withdrawal Proposal and Notice of Termination of Environmental Impact Statement for the Sagebrush Focal Area Withdrawal in Idaho, Montana, Nevada, Oregon, Utah and WyomingPDF
82 FR 47247 - Notice of Public Meetings for the Southeast Oregon Resource Advisory CouncilPDF
82 FR 47248 - Notice of Intent To Amend Land Use Plans Regarding Greater Sage-Grouse Conservation and Prepare Associated Environmental Impact Statements or Environmental AssessmentsPDF
82 FR 47244 - Notice of Application for a Recordable Disclaimer of Interest: Harris County, TexasPDF
82 FR 47204 - National Advisory Council for Environmental Policy and TechnologyPDF
82 FR 47171 - Notice of Intent To Grant Exclusive LicensePDF
82 FR 47205 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 47236 - 60-Day Notice of Proposed Information Collection: Public Housing Agencies Service Areas Solicitation of CommentsPDF
82 FR 47241 - 60-Day Notice of Proposed Information Collection; Public Housing Assessment System (PHAS) Appeals; PHAS Unaudited Financial Statement Submission Extensions; Assisted and Insured Housing Property Inspection Technical Reviews and Database AdjustmentsPDF
82 FR 47240 - 60-Day Notice of Proposed Information Collection: Jobs Plus Pilot ProgramPDF
82 FR 47238 - 60-Day Notice of Proposed Information Collection: Section 184 and 184-A Loan Guarantee ProgramPDF
82 FR 47239 - 60-Day Notice of Proposed Information Collection: Restrictions on Assistance to NoncitizensPDF
82 FR 47204 - Human Studies Review Board; Notification of Public MeetingsPDF
82 FR 47201 - Final 2018 Olmsted Power Marketing Plan and Call for ApplicationsPDF
82 FR 47191 - Proposed Collection; Comment RequestPDF
82 FR 47251 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
82 FR 47287 - Notice Regarding Positive Actions by the Government of SudanPDF
82 FR 47277 - Women-Owned Small Business Federal Contract Program NAICS Code UpdatesPDF
82 FR 47112 - Drawbridge Operation Regulation; Sacramento River, Sacramento, CAPDF
82 FR 47254 - Senior Executive Service-Performance Review BoardPDF
82 FR 47321 - Proposed Collection; Comment Request for Form 8924PDF
82 FR 47321 - Open Meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project CommitteePDF
82 FR 47192 - Extension of Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
82 FR 47192 - Fusion Energy Advisory CommitteePDF
82 FR 47290 - Notice of Rescission of the Record of Decision (ROD) for the I-94 East-West Corridor Project in the City of Milwaukee, Milwaukee County, WisconsinPDF
82 FR 47291 - Tier 1 Environmental Impact Statement for the Chesapeake Bay Crossing Study, Anne Arundel County, Baltimore County, Calvert County, Cecil County, Dorchester County, Harford County, Kent County, Queen Anne's County, St. Mary's County, Somerset County, and Talbot County, MarylandPDF
82 FR 47243 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander and the California Red-Legged Frog; Curletti Farming Project, Santa Barbara County, CaliforniaPDF
82 FR 47243 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Campbell Home Ranch, Santa Barbara County, CaliforniaPDF
82 FR 47288 - Petition for Exemption; Summary of Petition Received; Airlines for AmericaPDF
82 FR 47276 - Proposed Collection; Comment RequestPDF
82 FR 47264 - Submission for OMB Review; Comment RequestPDF
82 FR 47256 - Proposed Collection; Comment RequestPDF
82 FR 47162 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Accountability Measure and Closure for King Mackerel in the Gulf of Mexico Western ZonePDF
82 FR 47105 - Department of the Treasury Employee Rules of ConductPDF
82 FR 47107 - Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance From the Department of the TreasuryPDF
82 FR 47083 - Removal of Office of Thrift Supervision RegulationsPDF
82 FR 47235 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Petition for Amerasian, Widow(er), or Special ImmigrantPDF
82 FR 47292 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 47301 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 47311 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
82 FR 47309 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 47308 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 47294 - Qualification of Drivers; Exemption Applications; HearingPDF
82 FR 47312 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 47300 - Qualification of Drivers; Exemption Applications; HearingPDF
82 FR 47296 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 47306 - Hours of Service of Drivers: Application for Exemption; Truck Renting and Leasing Association (TRALA)PDF
82 FR 47234 - Agency Information Collection Activities: Extension, Without Change, of a Currently Approved Collection; Request for Fee Waiver; Request for Fee ExemptionPDF
82 FR 47083 - Practices and ProceduresPDF
82 FR 47176 - Pacific Fishery Management Council; Public Meeting (Webinar)PDF
82 FR 47174 - New England Fishery Management Council; Public MeetingPDF
82 FR 47175 - Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
82 FR 47190 - Caribbean Fishery Management Council; Public MeetingsPDF
82 FR 47212 - Proposed Information Collection Activity; Comment RequestPDF
82 FR 47228 - Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Petition To Remove Conditions on ResidencePDF
82 FR 47297 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 47207 - Agency Information Collection Activities; Proposed Collection; Comment RequestPDF
82 FR 47299 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
82 FR 47288 - Notice Suspending Implementation of the Environmental Impact Statement and Record of Decision for the Philadelphia International Airport Capacity Enhancement ProgramPDF
82 FR 47314 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
82 FR 47289 - Request for Emergency Processing of Collection of Information by the Office of Management and Budget; Emergency Clearance To Revise Information Collection 2120-0768, Part 107 Authorizations and WaiversPDF
82 FR 47172 - Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments in Part; 2016PDF
82 FR 47207 - Formations of, Acquisitions by, and Mergers of Savings and Loan Holding CompaniesPDF
82 FR 47210 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 47199 - Dominion Energy Services, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
82 FR 47200 - Colonial Pipeline Company; Notice of Technical ConferencePDF
82 FR 47194 - New York Power Authority v. PJM Interconnection, L.L.C. and PJM Transmission Owners in Their Collective Capacity; Notice of ComplaintPDF
82 FR 47199 - System Energy Resources, Inc.; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
82 FR 47193 - Combined Notice of Filings #2PDF
82 FR 47195 - Combined Notice of Filings #1PDF
82 FR 47113 - Safety Zone; Atlantic Intracoastal Waterway, Socastee, SCPDF
82 FR 47316 - Notice of Application for Approval To Discontinue or Modify a Railroad Signal SystemPDF
82 FR 47316 - Petition for Waiver of CompliancePDF
82 FR 47317 - Notice of Application for Approval To Discontinue or Modify a Railroad Signal SystemPDF
82 FR 47253 - Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on APR1400; Notice of MeetingPDF
82 FR 47172 - Notice of Public Meeting of the Alaska Advisory CommitteePDF
82 FR 47164 - Large Financial Institution Rating System; Regulations K and LLPDF
82 FR 47206 - Proposed Guidance on Supervisory Expectations for Boards of DirectorsPDF
82 FR 47252 - Notice of Appointments of Individuals To Serve as Members of Performance Review Boards; CorrectionsPDF
82 FR 47176 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Activities for the Restoration of Pier 62, Seattle Waterfront, Elliot BayPDF
82 FR 47168 - Data Enhancements and Reporting Requirements for FlatsPDF
82 FR 47115 - Privacy of InformationPDF
82 FR 47319 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 47320 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 47317 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 47274 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Review Charges for Communications Filed With or Submitted to FINRAPDF
82 FR 47213 - Agency Information Collection Activities: Public Comment Request; Information Collection Request Title: Bureau of Primary Health Care Uniform Data System, OMB No. 0915-0193-RevisionPDF
82 FR 47171 - Submission for OMB Review; Comment RequestPDF
82 FR 47250 - Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II; Institution of InvestigationPDF
82 FR 47198 - Dynegy Lee II, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
82 FR 47198 - Cole Rhoten; Notice of Declaration of Intention and Soliciting Comments, Protests, and Motions To IntervenePDF
82 FR 47195 - Combined Notice of Filings #2PDF
82 FR 47196 - Combined Notice of Filings #1PDF
82 FR 47197 - Massachusetts Water Resource Authority; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
82 FR 47192 - Applied Energy LLC; Notice of Waiver RequestPDF
82 FR 47194 - Applied Energy LLC; Notice of Waiver RequestPDF
82 FR 47197 - Ram Valley LLC; Notice of Declaration of Intention and Soliciting Comments, Protests, and Motions To IntervenePDF
82 FR 47227 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed MeetingPDF
82 FR 47227 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
82 FR 47226 - National Institute on Aging; Notice of Closed MeetingPDF
82 FR 47227 - National Eye Institute; Notice of Closed MeetingPDF
82 FR 47226 - Center for Scientific Review; Notice of Closed MeetingsPDF
82 FR 47325 - Agency Information Collection Activity: Application for Individualized Tutorial AssistancePDF
82 FR 47325 - Agency Information Collection Activity: Application for United States Flag for Burial PurposesPDF
82 FR 47324 - Agency Information Collection Activity: Application for Work Study Allowance; Student Work-Study Agreement (Advance Payment); Extended Student Work-Study Agreement; Student Work-Study AgreementPDF
82 FR 47215 - 60-Day Notice Template for Request for Generic Clearance for the Collection of Routine Customer Feedback on HHS CommunicationsPDF
82 FR 47322 - Sentencing Guidelines for United States CourtsPDF
82 FR 47200 - Combined Notice of FilingsPDF
82 FR 47210 - Notice of Closed MeetingPDF
82 FR 47165 - Proposed Revisions to Wine Labeling and Recordkeeping Requirements; Comment Period ReopeningPDF
82 FR 47257 - Self-Regulatory Organizations; LCH SA; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to Options on Index Credit Default SwapsPDF
82 FR 47277 - Self-Regulatory Organizations; LCH SA; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change Relating to Options on Index Credit Default SwapsPDF
82 FR 47269 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To Modify the Listing Requirements Related to Special Purpose Acquisition Companies Listing Standards To Reduce Round Lot Holders on Nasdaq Capital Market for Initial Listing From 300 to 150 and Eliminate Public Holders for Continued Listing From 300 to Zero, Require $5 Million in Net Tangible Assets for Initial and Continued Listing, and Impose a Deadline To Demonstrate Compliance With Initial Listing Requirements on All Nasdaq Markets Within 30 Days Following Each Business CombinationPDF
82 FR 47265 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of the CBOE S&P 500® Dividend Aristocrats® Target Income Index ETF Under the ETF Series Solutions Trust, Under Rule 14.11(c)(3), Index Fund SharesPDF
82 FR 47254 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing of Proposed Rule Change To Amend Rule 1009 To Modify the Criteria for Listing an Option on an Underlying Covered SecurityPDF
82 FR 47272 - Whitford Asset Management, LLC, et al.PDF
82 FR 47164 - Proposed Addition of New Grape Variety Names for American Wines; Comment Period ReopeningPDF
82 FR 47167 - Wine Treating Materials and Related Regulations; Comment Period ReopeningPDF
82 FR 47169 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5PDF
82 FR 47147 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5PDF
82 FR 47154 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality StandardPDF
82 FR 47170 - Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Oxide National Ambient Air Quality StandardPDF
82 FR 47122 - Approval and Promulgation of Implementation Plans; Oregon: Permitting and General Rule RevisionsPDF
82 FR 47249 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 47328 - National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsPDF
82 FR 47225 - Preventing Alcohol-Related Deaths (PARD) Through Social Detoxification; Extension of Due DatesPDF
82 FR 47225 - Behavioral Health Integration Initiative (BH2I); Extension of Due DatesPDF
82 FR 47207 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 47206 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 47155 - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive AuctionsPDF
82 FR 47253 - Proposal Review Panel for Computing and Communication Foundations; Notice of MeetingPDF
82 FR 47103 - Establishment of Class E Airspace, Big Timber, MTPDF
82 FR 47216 - Division of Behavioral Health; Youth Regional Treatment Center Aftercare Pilot ProjectPDF
82 FR 47104 - Establishment of Class E Airspace and Amendment of Class D and Class E Airspace; Kaunakakai, HIPDF
82 FR 47097 - Amendment of Class E Airspace; Sunriver, ORPDF
82 FR 47098 - Airspace Designations; Incorporation by Reference AmendmentsPDF
82 FR 47149 - Approval and Promulgation; State of Utah; Salt Lake County and Utah County Nonattainment Area Coarse Particulate Matter State Implementation Plan Revisions To Control Measures for Point SourcesPDF
82 FR 47145 - Approval and Promulgation of Air Quality State Implementation Plans; California; Ambient Ozone Monitoring RequirementsPDF
82 FR 47262 - USCF Fund Advisors, LLC, et al.PDF
82 FR 47257 - OppenheimerFunds, Inc., et al.PDF
82 FR 47211 - Proposed Information Collection Activity; Comment Request; Proposed Projects: Renewal of the Low Income Home Energy Assistance Program (LIHEAP) Performance Data Form (LPDF)PDF
82 FR 47161 - Technology Transitions, USTelecom Petition for Declaratory Ruling That Incumbent Local Exchange Carriers Are Non-Dominant in the Provision of Switched Access Services, Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers and Special Access for Price Cap Local Exchange CarriersPDF
82 FR 47094 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
82 FR 47091 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 47084 - Airworthiness Directives; Airbus AirplanesPDF

Issue

82 195 Wednesday, October 11, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 47210 2017-22041 Agricultural Research Agricultural Research Service NOTICES Intent to Grant Exclusive License, 47171 2017-21953 Agriculture Agriculture Department See

Agricultural Research Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47171-47172 2017-21843
Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Proposed Addition of New Grape Variety Names for American Wines, 47164-47165 2017-21810 Proposed Revisions to Wine Labeling and Recordkeeping Requirements, 47165-47167 2017-21817 Wine Treating Materials and Related Regulations, 47167-47168 2017-21809 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 47210 2017-21818 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47210-47211 2017-21875 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47212-47213 2017-21885 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewal of the Low Income Home Energy Assistance Program Performance Data Form, 47211-47212 2017-21774 Civil Rights Civil Rights Commission NOTICES Meetings: Alaska Advisory Committee, 47172 2017-21863 Coast Guard Coast Guard RULES Drawbridge Operations: Sacramento River, Sacramento, CA, 47112-47113 2017-21924 Safety Zones: Atlantic Intracoastal Waterway, Socastee, SC, 47113-47115 2017-21868 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47191-47192 2017-21932 Energy Department Energy Department See

Federal Energy Regulatory Commission

See

Western Area Power Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 47192 2017-21920 Charter Renewals: Fusion Energy Sciences Advisory Committee, 47192 2017-21919
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Ambient Ozone Monitoring Requirements, 47145-47147 2017-21777 Missouri; Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 47154-47155 2017-21805 Missouri; Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard, 47147-47149 2017-21806 Oregon: Permitting and General Rule Revisions, 47122-47145 2017-21803 Utah; Salt Lake County and Utah County Nonattainment Area Coarse Particulate Matter State Implementation Plan Revisions to Control Measures for Point Sources, 47149-47154 2017-21778 National Emission Standards for Hazardous Air Pollutants: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills, 47328-47357 2017-21799 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Oxide National Ambient Air Quality Standard, 47170 2017-21804 Missouri; Approval of Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard, 47169-47170 2017-21807 NOTICES Meetings: Human Studies Review Board, 47204-47205 2017-21939 National Advisory Council for Environmental Policy and Technology; Teleconference, 47204 2017-21956 Federal Aviation Federal Aviation Administration RULES Airspace Designations; Incorporation by Reference Amendments, 47098-47103 2017-21782 Airworthiness Directives: Airbus Airplanes, 47084-47094 2017-21224 2017-21369 Bombardier, Inc., Airplanes, 47094-47096 2017-21374 Class E Airspace and Class D and Class E Airspace; Establishments and Amendments: Kaunakakai, HI, 47104-47105 2017-21785 Class E Airspace; Amendments: Sunriver, OR, 47097-47098 2017-21783 Class E Airspace; Establishments: Big Timber, MT, 47103-47104 2017-21788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Part 107 Authorizations and Waivers, 47289-47290 2017-21878 Environmental Impact Statements; Availability, etc.: Philadelphia International Airport Capacity Enhancement Program; Suspension of Implementation, 47288-47289 2017-21880 Petitions for Exemptions; Summaries: Airlines for America, 47288 2017-21913 Federal Communications Federal Communications Commission RULES Expanding the Economic and Innovation Opportunities of Spectrum through Incentive Auctions, 47155-47160 2017-21790 Technology Transitions: USTelecom Petition for Declaratory Ruling That Incumbent Local Exchange Carriers Are Non-Dominant in the Provision of Switched Access Services, etc., 47161-47162 2017-21766 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Cole Rhoten, 47198-47199 2017-21840 Massachusetts Water Resource Authority, 47197 2017-21836 Ram Valley, LLC, 47197-47198 2017-21833 Combined Filings, 47193-47196, 47200-47201 2017-21819 2017-21838 2017-21839 2017-21869 2017-21870 Complaints: New York Power Authority v. PJM Interconnection, LLC and PJM Transmission Owners in their Collective Capacity, 47194-47195 2017-21872 Institution of Section 206 Proceedings: Dynegy Lee II, LLC, 47198 2017-21841 System Energy Resources, Inc., 47199 2017-21871 Meetings: Colonial Pipeline Co.; Technical Conference, 47200 2017-21873 Permit Applications: Dominion Energy Services, Inc., 47199-47200 2017-21874 Requests for Waivers: Applied Energy LLC, 47192-47194 2017-21835 2017-21834 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Chesapeake Bay Crossing Study, Anne Arundel County, Baltimore County, Calvert County, Cecil County, Dorchester County, Harford County, Kent County, Queen Anne's County, St. Mary's County, Somerset County, and Talbot County, MD, 47291-47292 2017-21916 Records of Decision: the I-94 East-West Corridor Project in the City of Milwaukee, Milwaukee County, WI; Rescission, 47290-47291 2017-21917 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Truck Renting and Leasing Association, 47306-47308 2017-21892 Qualification of Drivers; Exemption Applications: Diabetes, 47292-47294 2017-21901 Diabetes Mellitus, 47301-47305, 47308-47309 2017-21897 2017-21900 Epilepsy and Seizure Disorders, 47299-47300, 47311-47312, 47314-47316 2017-21879 2017-21881 2017-21899 Hearing, 47294-47296, 47300-47301 2017-21894 2017-21896 Vision, 47296-47298, 47309-47314 2017-21883 2017-21893 2017-21895 2017-21898 Federal Railroad Federal Railroad Administration NOTICES Applications: Approval to Discontinue or Modify a Railroad Signal System, 47316-47317 2017-21865 2017-21867 Petitions for Waivers of Compliance, 47316-47317 2017-21866 Federal Reserve Federal Reserve System PROPOSED RULES Large Financial Institution Rating System; Regulations K and LL, 47164 2017-21860 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 47205-47207 2017-21792 2017-21949 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 47206 2017-21791 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 47207 2017-21876 Proposed Guidance on Supervisory Expectations for Boards of Directors, 47206-47207 2017-21859 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47207-47209 2017-21882 Fish Fish and Wildlife Service NOTICES Permit Applications: Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander and the California Red-Legged Frog; Curletti Farming Project, Santa Barbara County, CA, 47243 2017-21915 Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Campbell Home Ranch, Santa Barbara County, CA, 47243-47244 2017-21914 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Health Resources and Services Administration

See

Indian Health Service

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47215-47216 2017-21822
Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Primary Health Care Uniform Data System, 47213-47215 2017-21844 Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Jobs Plus Pilot Program, 47240-47241 2017-21944 Public Housing Agencies Service Areas Solicitation of Comments, 47236-47238 2017-21946 Public Housing Assessment System Appeals; Unaudited Financial Statement Submission Extensions; Assisted and Insured Housing property inspection Technical Reviews and Database Adjustments, 47241-47242 2017-21945 Restrictions on Assistance to Noncitizens, 47239-47240 2017-21941 Section 184 and 184-A Loan Guarantee Program, 47238-47239 2017-21942 Indian Health Indian Health Service NOTICES Behavioral Health Integration Initiative (BH2I); Extension of Due Dates, 47225 2017-21796 Preventing Alcohol-Related Deaths (PARD) through Social Detoxification; Extension of Due Dates, 47225 2017-21798 Youth Regional Treatment Center Aftercare Pilot Project, 47216-47225 2017-21786 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47321-47322 2017-21922 Meetings: Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 47321 2017-21921 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wooden Bedroom Furniture from the People's Republic of China, 47172-47174 2017-21877 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II, 47250-47251 2017-21842 Justice Department Justice Department NOTICES Proposed Consent Decree under the Comprehensive Environmental Response, Compensation, and Liability Act, 47251-47252 2017-21928 Land Land Management Bureau NOTICES Application for a Recordable Disclaimer of Interest: Harris County, TX, 47244-47245 2017-21957 Environmental Impact Statements; Availability, etc.: Alkali Creek Reservoir Project, Big Horn County, WY, 47245-47247 2017-21965 Cancellation of Withdrawal Application and Withdrawal Proposal and Notice of Termination of Environmental Impact Statement for the Sagebrush Focal Area Withdrawal in Idaho, Montana, Nevada, Oregon, Utah and Wyoming, 47248 2017-21963 Intent to Amend Land Use Plans Regarding Greater Sage-Grouse Conservation and Prepare Associated Environmental Impact Statements or Environmental Assessments, 47248-47249 2017-21958 Meetings: Sierra Front-Northwestern Great Basin Resource Advisory Council, 47247 2017-21964 Southeast Oregon Resource Advisory Council, 47247-47248 2017-21962 Merit Merit Systems Protection Board RULES Practices and Procedures, 47083 2017-21890 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 47252 2017-22057 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 47226 2017-21827 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 47227 2017-21831 National Eye Institute, 47227 2017-21828 National Institute of Allergy and Infectious Diseases, 47227 2017-21830 National Institute on Aging, 47226-47227 2017-21829 National Labor National Labor Relations Board NOTICES Appointments of Individuals to Serve as Members of Performance Review Boards; Corrections, 47252-47253 2017-21858 National Oceanic National Oceanic and Atmospheric Administration RULES Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region: King Mackerel in the Gulf of Mexico Western Zone; Commercial Accountability Measure and Closure, 47162 2017-21908 Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 47162-47163 2017-22073 NOTICES Meetings: Caribbean Fishery Management Council, 47190-47191 2017-21886 Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 47175 2017-21887 New England Fishery Management Council, 47174-47175 2017-21888 Pacific Fishery Management Council, 47176 2017-21889 Takes of Marine Mammals: Incidental to Pile Driving Activities for the Restoration of Pier 62, Seattle Waterfront, Elliot Bay, 47176-47190 2017-21857 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 47249-47250 2017-21800 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Computing and Communication Foundations, 47253 2017-21789 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards; ACRS Subcommittee on APR1400, 47253 2017-21864 Personnel Personnel Management Office NOTICES Senior Executive Service Performance Review Board Membership, 47254 2017-21923 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Applications for Special Permits, 47317-47321 2017-21847 2017-21849 2017-21848 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Data Enhancements and Reporting Requirements for Flats, 47168-47169 2017-21855 Postal Service Postal Service RULES Privacy of Information, 47115-47122 2017-21850 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: German-American Day (Proc. 9652), 47359-47362 2017-22173 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47256-47257, 47264-47265, 47276-47277 2017-21909 2017-21910 2017-21911 Applications: OppenheimerFunds, Inc., et al., 47257-47262 2017-21775 USCF Fund Advisors, LLC, et al., 47262-47263 2017-21776 Whitford Asset Management, LLC, et al., 47272-47274 2017-21811 Meetings; Sunshine Act, 47264-47265 2017-21987 2017-21988 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 47265-47268 2017-21813 Financial Industry Regulatory Authority, Inc., 47274-47276 2017-21846 LCH SA, 47257, 47277 2017-21815 2017-21816 NASDAQ PHLX, LLC, 47254-47256 2017-21812 The NASDAQ Stock Market, LLC, 47269-47272 2017-21814 Small Business Small Business Administration NOTICES Women-Owned Small Business Federal Contract Program North American Industry Classification System Code Updates, 47277-47287 2017-21925 State Department State Department NOTICES Positive Actions by Government of Sudan, 47287-47288 2017-21927 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Alcohol and Tobacco Tax and Trade Bureau

See

Internal Revenue Service

RULES Employee Rules of Conduct, 47105-47107 2017-21906 Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance, 47107-47112 2017-21905 Removal of Office of Thrift Supervision Regulations, 47083-47084 2017-21904
U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition for Amerasian, Widow(er), or Special Immigrant, 47235-47236 2017-21903 Petition to Remove Conditions on Residence, 47228 2017-21884 Request for Fee Waiver; Request for Fee Exemption, 47234-47235 2017-21891 Termination of the Designation of Sudan for Temporary Protected Status, 47228-47234 2017-22074 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines: United States Courts, 47322-47324 2017-21820 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Individualized Tutorial Assistance, 47325-47326 2017-21826 Application for United States Flag for Burial Purposes, 47325 2017-21825 Application for Work Study Allowance; Student Work-Study Agreement (Advance Payment); Extended Student Work-Study Agreement; Student Work-Study Agreement, 47324 2017-21823 Western Western Area Power Administration NOTICES Final 2018 Olmsted Power Marketing Plan; Call for Applications, 47201-47204 2017-21934 Separate Parts In This Issue Part II Environmental Protection Agency, 47328-47357 2017-21799 Part III Presidential Documents, 47359-47362 2017-22173 Reader Aids

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.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

82 195 Wednesday, October 11, 2017 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Practices and Procedures AGENCY:

Merit Systems Protection Board.

ACTION:

Final rule.

SUMMARY:

The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure in this part to reflect the relocation of its Western Regional Office.

DATES:

Effective Date: October 16, 2017.

FOR FURTHER INFORMATION CONTACT:

Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419; phone: (202) 653-7200; fax: (202) 653-7130; or email: [email protected]

SUPPLEMENTARY INFORMATION:

On October 13, 2017, MSPB will relocate its Western Regional Office from 201 Mission Street, San Francisco, CA, to 1301 Clay Street, Oakland, CA. Appendix II of this part is amended to show the new address. The facsimile number is changing to (510) 273-7136. The geographical areas served by the Western Regional Office are unchanged. The Board is publishing this as a final rule pursuant to 5 U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

Administrative practice and procedure.

Accordingly, the Board amends 5 CFR part 1201 as follows:

PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority:

5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.

Appendix II to Part 1201—[Amended] 2. Amend Appendix II to part 1201 in item 5 by removing “201 Mission Street, Suite 2310, San Francisco, California 94105-1831 Facsimile No.: (415) 904-0580” and adding, in its place, “1301 Clay Street, Suite 1380N, Oakland, California 94612-5217, Facsimile No.: (510) 273-7136.” Jennifer Everling, Acting Clerk of the Board.
[FR Doc. 2017-21890 Filed 10-10-17; 8:45 am] BILLING CODE 7400-01-P
DEPARTMENT OF THE TREASURY Office of the Secretary 12 CFR Chapter V Removal of Office of Thrift Supervision Regulations AGENCY:

Department of the Treasury.

ACTION:

Final rule.

SUMMARY:

The Department of the Treasury is removing chapter V of title 12, Code of Federal Regulations (CFR), which contains regulations of the former Office of Thrift Supervision (OTS). The OTS, a Bureau of the Department of the Treasury, was abolished effective October 19, 2011, and its rulemaking authority and operative rules were transferred to other agencies pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. Because those agencies have issued regulations that supersede chapter V, chapter V is no longer necessary.

DATES:

Effective October 11, 2018.

FOR FURTHER INFORMATION CONTACT:

Heidi Cohen, Senior Counsel for Regulatory Affairs, (202) 622-1142, Office of the Assistant General Counsel for General Law, Ethics & Regulation, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Description of Final Rule

The OTS, a Bureau of the Department of the Treasury, was abolished by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or Act) 1 on October 19, 2011. Titles III and X of the Act transferred the powers, authorities, rights, and duties of the OTS to the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Consumer Financial Protection Bureau (collectively, the Agencies), effective July 21, 2011.

1 Public Law 111-203, 124 Stat. 1376 (2010).

Chapter V of title 12 of the CFR sets out the OTS regulations. Several parts of chapter V relate to the administrative functions of the OTS. Because the OTS was abolished, those parts are inoperative. The remaining parts of chapter V concern the supervision and examination of savings associations and savings and loan holding companies. Since the abolishment of the OTS, the Agencies have republished those OTS regulations they will enforce in their own chapters of title 12.2

2See, e.g., 76 FR 48950 (August 9, 2011) (republishing regulations relating to savings associations in chapter I of title 12); 76 FR 47652 (August 5, 2011) (republishing regulations relating to State savings associations in chapter III of title 12); 76 FR 56508 (September 13, 2011) (republishing regulations relating to savings and loan holding companies in chapter II of title 12); 76 FR 44226 (July 22, 2011) (republishing regulations relating to the Alternative Mortgage Transaction Parity Act and the Truth in Lending Act in chapter X of title 12); 76 FR 78487 (December 19, 2011) (republishing regulations relating to the S.A.F.E. Mortgage Licensing Act in chapter X of title 12); 76 FR 79025 (December 21, 2011) (republishing regulations relating to privacy of consumer financial information in chapter X of title 12); and 76 FR 79308 (December 21, 2011) (republishing regulations relating to the Fair Credit Reporting Act in chapter X of title 12).

In order to eliminate the confusion that may arise from having inoperative and superseded regulations of an abolished agency published in the CFR, the Department of the Treasury is removing chapter V of title 12 of the CFR.

Notice and Comment

The Administrative Procedure Act (APA) generally requires public notice and an opportunity to comment before an agency issues a final rule.3 However, notice and comment are not required before issuing a final rule if the rulemaking relates to agency organization, procedure, or practice or if an agency, for good cause, finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”

3 5 U.S.C. 553(b)(B),

The Department of the Treasury finds that notice and comment are not required with respect to the removal of the parts of chapter V that govern the organization and administrative functions of the OTS because those parts have been inoperative since the OTS was abolished in 2011.

Furthermore, with respect to the removal of the parts of chapter V that govern savings associations and savings and loan holding companies, the Department of the Treasury finds that notice and comment under the APA are neither necessary nor in the public interest. As discussed above, titles III and X of the Dodd-Frank Act transferred the powers, authorities, rights, and duties of the OTS to the Agencies on July 21, 2011 and abolished the OTS on October 19, 2011. Since that time, the Agencies have issued rules that supersede the OTS regulations relating to savings associations and savings and loan holding companies. This final rule does not make any substantive changes to the regulations currently applicable to savings associations and savings and loan associations and does not substantively affect these regulated entities or the public. It simply removes obsolete provisions that are likely to be a source of confusion. For these reasons, advance notice and comment under the APA are unnecessary and not in the public interest.

Regulatory Flexibility Act Analysis

The Regulatory Flexibility Act 4 (RFA) applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). Pursuant to the APA at 5 U.S.C. 553(b)(B), general notice and an opportunity for public comment are not required prior to the issuance of a final rule when an agency, for good cause, finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” As discussed above, the Department of the Treasury has determined for good cause that the APA does not require notice and public comment on this final rule and, therefore, it is not publishing a notice of proposed rulemaking. Thus, the RFA, pursuant 5 U.S.C. 601(2), does not apply to this final rule.

4 (Pub. L. 96-354, Sept. 19, 1980).

Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, adjusted for inflation.5 Because this final rule removes inoperative and superseded regulations, the Department of the Treasury has determined that there is no Federal mandate imposed by this rulemaking.

5 Public Law 104-4 (2 U.S.C. 1532).

Executive Order 12866

This rule is not a significant regulatory action under Executive Order 12866, Regulatory Planning and Review.

12 CFR Chapter V [Removed] For the reasons set forth in the preamble and pursuant to titles III and X of the Dodd-Frank Act, amend title 12 of the Code of Federal Regulations by removing chapter V. Dated: October 4, 2017. Kody H. Kinsley, Assistant Secretary for Management.
[FR Doc. 2017-21904 Filed 10-10-17; 8:45 am] BILLING CODE 4810-25-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0624; Product Identifier 2016-NM-135-AD; Amendment 39-19067; AD 2017-20-10] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A319 series airplanes, Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. This AD was prompted by a runway excursion due to an unexpected thrust increase leading to an unstable approach performed using the current flight management and guidance computer (FMGC) standard. This AD requires identification of potentially affected FMGCs, replacement of any affected FMGC, and applicable concurrent actions. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective November 15, 2017.

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

ADDRESSES:

For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0624.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0624; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A319 series airplanes, Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 29, 2017 (82 FR 29440) (“the NPRM”). The NPRM was prompted by a runway excursion due to an unexpected thrust increase leading to an unstable approach performed using the current FMGC standard. The NPRM proposed to require identification of potentially affected FMGCs, replacement of any affected FMGC, and applicable concurrent actions. We are issuing this AD to prevent unstable approaches due to an unexpected thrust increase, which could result in reduced controllability of the airplane and runway excursions.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0122, dated June 21, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A319 series airplanes, Model A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321-111, -112, -131, -211, -212, -213, -231, and 232 airplanes. The MCAI states:

Following an instrument landing system (ILS) approach, during night, in rainy condition, an A321 aeroplane experienced a longitudinal runway excursion. Investigation revealed that the approach was not stabilized with an overspeed of 19 knots (kts) over the runway threshold, followed by a long flare (18 seconds) with touchdown far behind the touchdown zone. The aeroplane exited the runway at 75 kts and came to rest around 300 meters beyond the end of the runway. During the final approach, at 150 feet Radio Altimeter (RA) altitude, the corrected airspeed of the aeroplane was 165 kts (24 kts overspeed). Auto thrust (ATHR) commanded a transient N1 increase up to 70% due to the ATHR speed Mach control law.

The ATHR system on A320 family aeroplane was designed to maintain accurately the aircraft speed/Mach to speed/Mach target by commanding the thrust, featuring also a trade-off at low altitude between thrust corrections to maintain speed equal to speed target and too large thrust corrections destabilizing the aircraft trajectory near the ground. The conclusions of the investigations were that the main contributor to this runway excursion was a non-stabilized approach not followed by a go-around. ATHR misbehaviour in case of large overspeed led to an unexpected thrust increase, which is considered as a contributor to the long flare.

This ATHR characteristic, reported as “Spurious thrust increase during approach,” was initially found in 1996 and a modification was developed and introduced in Flight Guidance (FG) 2G standard “C8 or I8” (C for CFM engines and I for IAE engines) in 2001.

Prompted by these findings, Airbus introduced a programme to encourage operators to replace the FMGC Legacy with the FMGC equipped with Flight Management System type 2 (FMS2) and FG standard, which introduces additional operational capabilities, including Runway Overrun Protection System/Runway Overrun Warning (ROPS/ROW) and Autopilot/Traffic Collision Avoidance System (AP/TCAS). It was determined that the ROPS, in a scenario similar to the one described above, would have triggered a <<RUNWAY TOO SHORT>> aural alert before touchdown. Information was made available through Airbus Service Information Letter (SIL) 22-039 (later superseded by Word In Service Experience (WISE) In Service Information 22.83.00003), and EASA published Safety Information Bulletin (SIB) 2013-19, recommending the FMGC upgrade.

Since EASA SIB was published, it was determined that many operators have chosen not to implement the optional upgrade that improves the ATHR behaviour.

More recently, prompted by a recommendation from the BEA (Bureau d'Enquêtes et d'Analyses pour la sécurité de l'aviation civile) of France, to reduce the risk of further runway excursions due to uninterrupted unstable approaches performed with the legacy FMGC standard, EASA decided to require installation of at least the first version of the FMS2 and associated FG for legacy aeroplanes.

DGAC [Direction Générale de l'Aviation Civile] France issued AD 1999-411-140(B)R1 [which corresponds to FAA AD 2000-12-13, Amendment 39-11791 (65 FR 37845, June 19, 2000) (“AD 2000-12-13”)] and AD 1998-226-119(B)R1 [which corresponds to FAA AD 98-19-08, Amendment 39-10750 (63 FR 50503, September 22, 1998)] to address different unsafe conditions, requiring to install a certain previous FMGC standard that may be susceptible to the “Spurious thrust increase during approach”.

For the reasons described above, this [EASA] AD * * * requires replacement of the affected FMGC units with upgraded units [and applicable concurrent actions].

Concurrent actions include the installation of certain FMGCs, wiring, display management computers, wiring associated with pin programming, and applicable operational program configuration disks. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0624.

Comments

We gave the public the opportunity to participate in developing this AD. We considered the comment received. Air Line Pilots Association, International supported the NPRM.

Conclusion

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD as proposed, except for minor editorial changes. We have determined that these minor changes:

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued the following service information, which describes procedures for replacement of any affected FMGC with a serviceable FMGC. These documents are distinct since they apply to different airplane configurations.

• Airbus Service Bulletin A320-22-1090, Revision 11, dated July 20, 2004.

• Airbus Service Bulletin A320-22-1103, Revision 04, dated March 12, 2004.

• Airbus Service Bulletin A320-22-1116, Revision 04, dated March 29, 2004.

• Airbus Service Bulletin A320-22-1152, Revision 03, dated February 18, 2005.

• Airbus Service Bulletin A320-22-1243, Revision 05, dated May 31, 2010.

• Airbus Service Bulletin A320-22-1519, Revision 02, dated December 21, 2015.

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

Costs of Compliance

We estimate that this AD affects 1,032 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection 1 work-hour × $85 per hour = $85 $0 $85 $87,720

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement 9 work-hours × $85 per hour = $765 $30,000 $30,765
    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-20-10 Airbus: Amendment 39-19067; Docket No. FAA-2017-0624; Product Identifier 2016-NM-135-AD. (a) Effective Date

    This AD is effective November 15, 2017.

    (b) Affected ADs

    This AD affects AD 2000-12-13, Amendment 39-11791 (65 FR 37845, June 19, 2000) (“AD 2000-12-13”).

    (c) Applicability

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

    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes.

    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

    (e) Reason

    This AD was prompted by a report of a runway excursion due to an unexpected thrust increase leading to an unstable approach performed using the current flight management and guidance computer (FMGC) standard. We are issuing this AD to prevent unstable approaches due to an unexpected thrust increase, which could result in reduced controllability of the airplane and runway excursions.

    (f) Compliance

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

    (g) Inspection and Replacement of Affected FMGC

    (1) Within 36 months after the effective date of this AD: Inspect the FMGC to determine if any FMGC with an affected part number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD is installed. A review of airplane maintenance records is acceptable in lieu of inspecting the FMGC, provided those records can be relied upon for that purpose and the part number of the FMGC can be conclusively identified from that review.

    (2) If any affected FMGC with an affected part number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD is found during any inspection or review required by paragraph (g)(1) of this AD: Within 36 months after the effective date of this AD, replace the FMGC with a serviceable FMGC having a part number that is not identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD, in accordance with the Accomplishment Instructions and paragraph 1.B. (concurrent actions) of the applicable service information specified in paragraphs (g)(2)(i) through (g)(2)(vi) of this AD, or using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). Refer to Figure 2 to paragraph (g)(2) of this AD and Figure 3 to paragraph (g)(2) of this AD for the lists of approved eligible FMGCs certified as of the effective date of this AD.

    (i) Airbus Service Bulletin A320-22-1090, Revision 11, dated July 20, 2004 (installation of FMGC part number (P/N) C13042BA01).

    (ii) Airbus Service Bulletin A320-22-1103, Revision 04, dated March 12, 2004 (installation of FMGC P/N C13043AA01).

    (iii) Airbus Service Bulletin A320-22-1116, Revision 04, dated March 29, 2004 (installation of FMGC P/N C13043BA01).

    (iv) Airbus Service Bulletin A320-22-1152, Revision 03, dated February 18, 2005 (installation of FMGC P/N C13043AA02).

    (v) Airbus Service Bulletin A320-22-1243, Revision 05, dated May 31, 2010 (installation of FMGC P/N C13043BA04).

    (vi) Airbus Service Bulletin A320-22-1519, Revision 02, dated December 21, 2015 (installation of FMGC P/N C13207CA00).

    BILLING CODE 4910-13-P ER11OC17.000 ER11OC17.001 ER11OC17.002 (h) Unaffected Airplanes

    (1) An airplane on which Airbus Modification 31896 or Airbus Modification 31897 has been embodied in production is not affected by the requirements of paragraph (g) of this AD, provided it is conclusively determined that no FMGC with an affected part number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD has been installed on that airplane since the date of issuance of the original certificate of airworthiness or the original export certificate of airworthiness. A review of airplane maintenance records is acceptable to make this determination provided those records can be relied upon for that purpose and the part number of the FMGC can be conclusively identified from that review.

    (2) An airplane on which the actions specified in paragraph (g)(2) have been done before the effective date of this AD is not affected by the requirements in paragraph (g) of this AD, provided it is conclusively determined that no FMGC with an affected part number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD has been installed on that airplane since accomplishing the actions specified in paragraph (g)(2) of this AD. A review of airplane maintenance records is acceptable to make this determination provided those records can be relied upon for that purpose and the part number of the FMGC can be conclusively identified from that review.

    (i) Parts Installation Limitation

    Installation of an FMGC standard approved after the effective date of this AD on any airplane, is acceptable for compliance with the actions required by paragraph (g)(2) of this AD, provided the conditions specified in paragraphs (i)(1) and (i)(2) of this AD are accomplished.

    (1) The software and hardware standard, as applicable, must be approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA.

    (2) The installation must be accomplished using airplane modification instructions approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA.

    (j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on any airplane an FMGC with an affected part number identified in Figure 1 to paragraphs (g)(1), (g)(2), (h)(1), (h)(2), and (j) of this AD.

    (k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g)(2) of this AD, if those actions were performed before the effective date of this AD using the applicable service information identified in Figure 4 to paragraph (k) of this AD.

    ER11OC17.003 BILLING CODE 4910-13-C (l) Terminating Action for Other ADs

    Accomplishing the actions required by paragraph (g)(1) of this AD, and, as applicable, paragraph (g)(2) of this AD, terminates all requirements of AD 2000-12-13.

    (m) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Section, send it to the attention of the person identified in paragraph (n)(2) of this AD. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0122, dated June 21, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0624.

    (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (o)(3) and (o)(4) of this AD.

    (o) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A320-22-1090, Revision 11, dated July 20, 2004.

    (ii) Airbus Service Bulletin A320-22-1103, Revision 04, dated March 12, 2004.

    (iii) Airbus Service Bulletin A320-22-1116, Revision 04, dated March 29, 2004.

    (iv) Airbus Service Bulletin A320-22-1152, Revision 03, dated February 18, 2005.

    (v) Airbus Service Bulletin A320-22-1243, Revision 05, dated May 31, 2010.

    (vi) Airbus Service Bulletin A320-22-1519, Revision 02, dated December 21, 2015.

    (3) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com.

    (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

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

    Issued in Renton, Washington, on September 20, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-21224 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0515; Product Identifier 2016-NM-171-AD; Amendment 39-19061; AD 2017-20-04] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes), and Model A310 series airplanes. This AD was prompted by reports of unreliable airspeed indications that were caused by pitot heater resistance shorted to ground. This AD requires replacement of certain parts. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective November 15, 2017.

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

    ADDRESSES:

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0515.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0515; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes), and Model A310 series airplanes. The NPRM published in the Federal Register on June 9, 2017 (82 FR 26758) (“the NPRM”). The NPRM was prompted by reports of unreliable airspeed indications that were caused by pitot heater resistance shorted to ground. The NPRM proposed to require replacement of certain parts. We are issuing this AD to ensure proper flight crew awareness of unreliable airspeed indications. This condition, if not recognized by the flight crew, could possibly result in reduced control of the airplane.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0195, dated September 30, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes), and Model A310 series airplanes. The MCAI states:

    An operator recently reported two events of unreliable airspeed indications. Investigations revealed that in both events, a Pitot heater resistance was shorted to ground.

    Pitot probes are heated to prevent ice accretion. De-icing performance of the Pitot probe might be reduced if Pitot probe heater degrades over time. The magnitude of deicing performance reduction will depend on how much the heater is degraded. The Pitot probe de-icing reduction will be hidden to the crew (the heater current detector will not trigger a “Heat Fault” because in case of short-to-case failure the resulting current variation will be limited).

    In severe icing conditions, if de-icing performances are significantly reduced, it may cause unreliable airspeed events, with no cockpit effects except erroneous airspeed indication(s) displayed on the Primary Flight Display (PFD) or the standby airspeed indicators.

    Unreliable airspeed indications, if not recognized by the crew, could possibly result in reduced control of the aeroplane.

    To ensure proper crew awareness of unreliable airspeed indication(s) situation, Airbus introduced a dedicated Electronic Centralised Aircraft Monitoring (ECAM) Warning (Indicated Airspeed Discrepancy Warning).

    The following configuration is required to enable this ECAM Warning:

    —The Flight Warning Computer (FWC) standard S17 has to be installed by accomplishing Service Bulletins (SB) A310-31-2144 or A300-31-6140: This requirement was already rendered mandatory by EASA AD 2015-0174 [which does not have a corresponding FAA AD. EASA AD 2015-0174 superseded EASA AD 2012-0088 (EASA AD 2012-0088 corresponds to FAA AD 2012-21-15, Amendment 39-17231 (77 FR 67256, November 9, 2012))]; —The ECAM Symbol Generator Unit (SGU), standard W32, Part Number (P/N) 9612670332 has to be installed, by accomplishing Service Bulletins (SB) A310-31-2123, A300-31-6124 or SB A300-31-6113.

    For the reason described above, this [EASA] AD requires a software standard upgrade of the ECAM SGU.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0515.

    Comments

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

    Support for the NPRM

    The Air Line Pilots Association, International and FedEx expressed support for the NPRM.

    Request To Include Historical Information

    Airbus requested that we include historical information regarding EASA AD 2015-0174, which is included in the quoted MCAI material in the NPRM. Airbus explained that EASA AD 2015-0174, dated August 24, 2015, superseded EASA AD 2012-0088, dated June 25, 2012, which specified accomplishment of certain Airbus Service Bulletins. Airbus stated that any corresponding FAA ADs should also be identified.

    We agree that additional historical information regarding EASA AD 2015-0174 and any corresponding FAA ADs would be helpful. We have added the requested historical information to the quoted MCAI material regarding EASA AD 2015-0174, which superseded EASA AD 2012-0088, and the corresponding FAA AD.

    Requests To Allow Use of a Later ECAM SGU Software Standard and Related Service Information

    Airbus and FedEx requested that we revise the NPRM to allow use of ECAM SGU software standard W33, which includes the corrections found in ECAM SGU software standard W32.

    FedEx also requested that we update the NPRM to include new service information that provides procedures for the upgrade to ECAM SGU software standard W33. FedEx mentioned that it is preparing to upgrade its fleet to ECAM SGU software standard W33.

    We agree with the requests to allow use of ECAM SGU software standard W33, because ECAM SGU software standard W33 includes all of the necessary changes from ECAM SGU software standard W32. We have revised the preamble and regulatory text of this final rule, where applicable, to include the additional ECAM SGU software standard and part number.

    We also agree to add Airbus Service Bulletins A300-31-6142, Revision 01, dated November 21, 2013, and A310-31-2145, Revision 01, dated November 13, 2013, for accomplishment of the installation of ECAM SGU software standard W33. We have revised this final rule accordingly.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.

    • Airbus Service Bulletin A300-31-6113, Revision 03, including Appendix 01, dated July 5, 2016 (for Model A300-600 series airplanes).

    • Airbus Service Bulletin A300-31-6124, Revision 01, dated July 4, 2016 (for Model A300-600 series airplanes).

    • Airbus Service Bulletin A300-31-6142, Revision 01, dated November 21, 2013 (for Model A300-600 series airplanes).

    • Airbus Service Bulletin A310-31-2123, Revision 01, including Appendix 01, dated July 1, 2016 (for Model A310 series airplanes).

    • Airbus Service Bulletin A310-31-2145, Revision 01, dated November 13, 2013 (for Model A310 series airplanes).

    The service information describes procedures for replacement of the ECAM SGU software standard W32 or W33. These documents are distinct since they apply to different airplane configurations or apply to different ECAM SGU software standards (W32, part number 9612670332, and W33, part number 9612670333). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 139 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Replacement Up to 4 work-hours × $85 per hour = $340 Up to $2,360 Up to $2,700 Up to $375,300.
    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-20-04 Airbus: Amendment 39-19061; Docket No. FAA-2017-0515; Product Identifier 2016-NM-171-AD. (a) Effective Date

    This AD is effective November 15, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus modification 12691 or 13665 has been embodied in production.

    (1) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.

    (2) Airbus Model A300 B4-605R and B4-622R airplanes.

    (3) Airbus Model A300 F4-605R and F4-622R airplanes.

    (4) Airbus Model A300 C4-605R Variant F airplanes.

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

    (d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

    (e) Reason

    This AD was prompted by reports of unreliable airspeed indications that were caused by pitot heater resistance shorted to ground. We are issuing this AD to ensure proper flight crew awareness of unreliable airspeed indications. This condition, if not recognized by the flight crew, could possibly result in reduced control of the airplane.

    (f) Compliance

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

    (g) Replacement of the Electronic Centralized Aircraft Monitoring (ECAM) Symbol Generator Unit (SGU)

    Within 36 months after the effective date of this AD, replace the ECAM SGU with a new ECAM SGU (software standard W32 or W33), in accordance with the Accomplishment Instructions of the service information identified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable.

    (1) For Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 C4-605R Variant F airplanes: Airbus Service Bulletin A300-31-6113, Revision 03, including Appendix 01, dated July 5, 2016; or Airbus Service Bulletin A300-31-6142, Revision 01, dated November 21, 2013.

    (2) For Airbus Model A300 F4-605R and F4-622R airplanes: Airbus Service Bulletin A300-31-6124, Revision 01, dated July 4, 2016.

    (3) For Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes: Airbus Service Bulletin A310-31-2123, Revision 01, including Appendix 01, dated July 1, 2016; or Airbus Service Bulletin A310-31-2145, Revision 01, dated November 13, 2013.

    (h) Parts Installation Prohibition

    (1) As of the effective date of this AD, for any airplane that has ECAM SGU software standard W32, part number 9612670332, or ECAM SGU software standard W33, part number 9612670333, installed, no person may install an ECAM SGU software standard prior to W32.

    (2) For any airplane that has an ECAM SGU software standard prior to W32, after modification of that airplane, no person may install an ECAM SGU software standard prior to W32.

    (i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraph (i)(1), (i)(2), (i)(3), (i)(4), or (i)(5) of this AD, as applicable.

    (1) Airbus Service Bulletin A300-31-6113, Revision 02, including Appendix 01, dated September 4, 2014.

    (2) Airbus Service Bulletin A300-31-6124, Revision 00, dated October 13, 2005.

    (3) Airbus Service Bulletin A300-31-6142, Revision 00, dated August 13, 2013.

    (4) Airbus Service Bulletin A310-31-2123, Revision 00, dated January 4, 2006.

    (5) Airbus Service Bulletin A310-31-2145, Revision 00, dated August 13, 2013.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

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

    (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0195, dated September 30, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0515.

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

    (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD.

    (l) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A300-31-6113, Revision 03, including Appendix 01, dated July 5, 2016.

    (ii) Airbus Service Bulletin A300-31-6124, Revision 01, dated July 4, 2016.

    (iii) Airbus Service Bulletin A300-31-6142, Revision 01, dated November 21, 2013.

    (iv) Airbus Service Bulletin A310-31-2123, Revision 01, including Appendix 01, dated July 1, 2016.

    (v) Airbus Service Bulletin A310-31-2145, Revision 01, dated November 13, 2013.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com.

    (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

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

    Issued in Renton, Washington, on September 18, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-21369 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0691; Product Identifier 2017-NM-029-AD; Amendment 39-19068; AD 2017-20-11] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes. This AD was prompted by a report of laminated shims that may have been improperly installed at a certain wing tie beam. This AD requires revising the maintenance or inspection program to incorporate certification maintenance requirement tasks that introduce revised checks of the tie beam. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective November 15, 2017.

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

    ADDRESSES:

    For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; fax 514-855-7401; email ac.yul[email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0691.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0691; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-794-5531.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes. The NPRM published in the Federal Register on July 17, 2017 (82 FR 32652) (“the NPRM”). The NPRM was prompted by a report of laminated shims that may have been improperly installed at a certain wing tie beam. The NPRM proposed to require revising the maintenance or inspection program to incorporate certification maintenance requirement tasks that introduce revised checks of the tie beam. We are issuing this AD to detect and correct degradation of the structural integrity of the affected tie beam, which could result in cracking of the pressure floor.

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2016-34, dated October 14, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc., Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes. The MCAI states:

    Bombardier has determined that laminated shims may have been improperly installed at the floor/wing tie beam bumper pads. Improperly installed shims may become damaged, which could result in a gapping condition. This would lead to increased stress and degradation of structural integrity of the tie beam. Undetected failure may lead to premature cracking of the pressure floor.

    Bombardier has introduced revised maintenance tasks through revisions of the applicable CL-600 Time Limits Maintenance Checks (TLMCs) to confirm structural integrity of the affected tie beam.

    This [Canadian] AD is issued to mandate the incorporation of the applicable revised TLMC tasks.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0691.

    This AD requires revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (i)(1) of this AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane.

    Comments

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

    Conclusion

    We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

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

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

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information.

    • Task 53-10-00-131, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 600 Time Limits/Maintenance Checks, Publication No. PSP 605, Revision 37, dated April 29, 2016.

    • Task 53-10-00-133, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601-5, Revision 44, dated April 29, 2016.

    • Task 53-10-00-134, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision 40, dated April 29, 2016.

    This service information identifies airworthiness limitation tasks for checks of the pressure floor at a certain wing tie beam. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 137 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Maintenance or inspection program revision 1 work-hour × $85 per hour = $85 $0 $85 $11,645
    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division.

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-20-11 Bombardier, Inc.: Amendment 39-19068; Docket No. FAA-2017-0691; Product Identifier 2017-NM-029-AD. (a) Effective Date

    This AD is effective November 15, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-1A11 (CL-600) airplanes, serial numbers 1004 through 1085 inclusive; Model CL-600-2A12 airplanes (CL-601 Variant), serial numbers 3001 through 3066 inclusive; and Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes, serial numbers 5001 through 5194 inclusive; certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Reason

    This AD was prompted by a report of laminated shims that may have been improperly installed at a certain wing tie beam. We are issuing this AD to detect and correct degradation of the structural integrity of the affected tie beam, which could result in cracking of the pressure floor.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the certification maintenance requirement (CMR) task specified in the applicable service information identified in paragraphs (g)(1) through (g)(3) of this AD. The initial compliance time for the task is within the applicable time specified in the service information, or within 30 days after the effective date of this AD, whichever occurs later.

    (1) For Model CL-600-1A11 (CL-600) airplanes: Task 53-10-00-131, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 600 Time Limits/Maintenance Checks, Publication No. PSP 605, Revision 37, dated April 29, 2016.

    (2) For Model CL-600-2A12 airplanes (CL-601 Variant) airplanes: Task 53-10-00-133, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601-5, Revision 44, dated April 29, 2016.

    (3) For Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes: Task 53-10-00-134, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision 40, dated April 29, 2016.

    (h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2016-34, dated October 14, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0691.

    (2) For more information about this AD, contact Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-794-5531.

    (k) Material Incorporated by Reference

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

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

    (i) Task 53-10-00-131, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 600 Time Limits/Maintenance Checks, Publication No. PSP 605, Revision 37, dated April 29, 2016. The revision level of this document is identified on only the Transmittal Letter.

    (ii) Task 53-10-00-133, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601-5, Revision 44, dated April 29, 2016. The revision level of this document is identified on only the Transmittal Letter.

    (iii) Task 53-10-00-134, “Pressure Floor—Wing Tie Beam—FS460.00,” of Section 5-10-30, “Airworthiness Limitation Checks by ATA Chapter Number,” of Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision 40, dated April 29, 2016. The revision level of this document is identified on only the Transmittal Letter.

    (3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.com.

    (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

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

    Issued in Renton, Washington, on September 27, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-21374 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0617; Airspace Docket No. 17-ANM-27] Amendment of Class E Airspace; Sunriver, OR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action modifies Class E airspace extending upward from 700 feet above the surface at Sunriver Airport, Sunriver, OR, to accommodate airspace redesign for the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

    DATES:

    Effective 0901 UTC, December 7, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies Class E airspace extending upward from 700 feet above the surface at Sunriver Airport, Sunriver, OR, to support IFR operations under standard instrument approach procedures.

    History

    On July 5, 2017, the FAA published in the Federal Register (82 FR 31034) Docket FAA-2017-0617 a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Sunriver Airport, Sunriver, OR. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface at Sunriver Airport, Sunriver, OR. The airspace is modified to within 4 miles each side of the 016° bearing extending from Sunriver Airport to 14.3 miles north of the airport, and within 2.5 miles each side of the 196° bearing extending from the airport to 7 miles south of the airport. This action slightly reduces the airspace area east and west of the airport due to the new airspace configuration for the safety and management of aircraft operations at the airport.

    Regulatory Notices and Analyses

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

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM OR E5 Sunriver, OR [Amended] Sunriver Airport, OR (Lat. 43°52′35″ N., long. 121°27′11″ W.)

    That airspace extending upward from 700 feet above the surface within 4 miles each side of the 016° bearing extending from Sunriver Airport to 14.3 miles north of the airport, and within 2.5 miles each side of the 196° bearing from the airport extending to 7 miles south of the airport.

    Issued in Seattle, Washington, on October 3, 2017. B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-21783 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0798; Amendment No. 71-49] Airspace Designations; Incorporation by Reference Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule, technical amendment.

    SUMMARY:

    This action incorporates certain amendments into FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, for incorporation by reference in 14 CFR 71.1.

    DATES:

    Effective date 0901 UTC October 11, 2017. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it makes the necessary updates for airspace areas within the National Airspace System.

    History

    Federal Aviation Administration Airspace Order 7400.11, Airspace Designations and Reporting Points, incorporated by reference in 14 CFR 71.1, is published yearly. Amendments referred to as “effective date straddling amendments” were published under Order 7400.11A (dated August 3, 2016, and effective September 15, 2016), but became effective under Order 7400.11B (dated August 3, 2017, and effective September 15, 2017). This action incorporates these rules into the current FAA Order 7400.11B.

    Accordingly, as this is an administrative correction to update final rule amendments into FAA Order 7400.11B, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. Also, to bring these rules and legal descriptions current, I find that good cause exists, under 5 U.S.C. 553(d), for making this amendment effective in less than 30 days.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This action amends title 14 Code of Federal Regulations (14 CFR) part 71 to incorporate certain final rules into the current FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, which are depicted on aeronautical charts.

    Regulatory Notices and Analyses

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as follows:

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

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

    § 71.1 [Amended]
    2. Section 71.1 is revised to read as follows:

    For Docket No. FAA-2016-9118; Airspace Docket No. 16-AGL-3 (82 FR 28401, June 22, 2017). On page 28401, column 3, line 59, under ADDRESSES remove “. . . FAA Order 7400.11 . . .” and add in its place “. . . FAA Order 7400.11B. . .”. On page 28402, column 1, line 10, under ADDRESSES; and on page 28402, column 2, line 53, and line 56, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . .FAA Order 7400.11B. . .”. On page 28402, column 2, line 40, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . .FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 28402, column 2, line 50, under Availability and Summary of Documents for Incorporation by Reference; and on page 28403, column 1, line 41, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2015-6751; Airspace Docket No. 15-AWP-18 (82 FR 31440, July 7, 2017). On page 31440, column 3, line 39, under ADDRESSES; and on page 31441, column 1, line 57, and line 60, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 31441, column 1, line 44, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 31441, column 1, line 54, under Availability and Summary of Documents for Incorporation by Reference; and on page 31441, column 3, line 58, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-9544; Airspace Docket No. 16-ASW-22 (82 FR 32450, July 14, 2017). On page 32450, column 2, line 24, and line 37, under ADDRESSES; and on page 32450, column 3, line 57, and line 60, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 32450, column 3, line 43, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 32450, column 3, line 54, under Availability and Summary of Documents for Incorporation by Reference; and on page 32451, column 2, line 56, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-9480; Airspace Docket No. 16-AEA-13 (82 FR 33790, July 21, 2017). On page 33790, column 2, line 6, and line 19, under ADDRESSES; and on page 33790, column 3, line 35, and line 38, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33790, column 3, line 21, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33790, column 3, line 32, under Availability and Summary of Documents for Incorporation by Reference; and on page 33791, column 1, line 55, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-9488; Airspace Docket No. 16-ASO-18 (82 FR 33792, July 21, 2017). On page 33793, column 1, line 9, and line 22, under ADDRESSES; and on page 33793, column 2, line 24, and line 27, under Availability and Summary of Documents for Incorporation by Reference; and on page 33793, column 2, line 46, under The Rule remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33793, column 2, line 10, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33793, column 2, line 21, under Availability and Summary of Documents for Incorporation by Reference; and on page 33793, column 3, line 37, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0070; Airspace Docket No. 17-ASO-2 (82 FR 33794, July 21, 2017). On page 33794, column 1, line 31, and line 45, under ADDRESSES; and on page 33794, column 2, line 57, and line 60, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33794, column 2, line 43, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33794, column 2, line 54, under Availability and Summary of Documents for Incorporation by Reference; and on page 33795, column 1, line 3, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0071; Airspace Docket No. 17-ASO-3 (82 FR 33795, July 21, 2017). On page 33795, column 1, line 56, and column 2, line 10, under ADDRESSES; and on page 33795, column 3, line 17, and line 20, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33795, column 3, line 4, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33795, column 3, line 14, under Availability and Summary of Documents for Incorporation by Reference; and on page 33796, column 1, line 34, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0195; Airspace Docket No. 16-ANM-14 (82 FR 33796, July 21, 2017). On page 33796, column 2, line 39, under ADDRESSES; and on page 33797, column 1, line 1, and line 4, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33796, column 3, line 53, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33796, column 3, line 64, under Availability and Summary of Documents for Incorporation by Reference; and on page 33797, column 2, line 52, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2013-0442; Airspace Docket No. 13-ASO-12 (82 FR 33798, July 21, 2017). On page 33798, column 1, line 30, and line 43, under ADDRESSES; and on page 33798, column 2, line 51, and line 54, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 33798, column 2, line 36, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 33798, column 2, line 48, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”. On page 33798, column 3, line 56, under Amendatory Instruction 2 remove “. . . Federal Aviation Administration Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0237; Airspace Docket No. 16-ANM-10 (82 FR 35057, July 28, 2017). On page 35057, column 2, line 51, under ADDRESSES; and on page 35058, column 1, line 17, and line 20, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35058, column 1, line 4, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35058, column 1, line 14, under Availability and Summary of Documents for Incorporation by Reference; and on page 35058, column 2, line 29, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-9474; Airspace Docket No. 16-AWP-24 (82 FR 35058, July 28, 2017). On page 35058, column 3, line 33, under ADDRESSES; and on page 35059, column 1, line 65, and column 2, line 2, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35059, column 1, line 52, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35059, column 1, line 62, under Availability and Summary of Documents for Incorporation by Reference; and on page 35059, column 3, line 38, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0258; Airspace Docket No. 16-AWP-15 (82 FR 35060, July 28, 2017). On page 35060, column 2, line 3, under ADDRESSES; and on page 35060, column 3, line 20, and line 23, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35060, column 3, line 7, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35060, column 3, line 17, under Availability and Summary of Documents for Incorporation by Reference; and on page 35061, column 1, line 56, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0046; Airspace Docket No. 17-AWP-3 (82 FR 35061, July 28, 2017). On page 35061, column 2, line 52, under ADDRESSES; and on page 35062, column 1, line 7, and line 10, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35061, column 3, line 57, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35062, column 1, line 4, under Availability and Summary of Documents for Incorporation by Reference; and on page 35062, column 2, line 21, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0315; Airspace Docket No. 17-ANM-5 (82 FR 35438, July 31, 2017). On page 35438, column 2, line 41, under ADDRESSES; and on page 35438, column 3, line 59, and line 62, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35438, column 3, line 46, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35438, column 3, line 56, under Availability and Summary of Documents for Incorporation by Reference; and on page 35439, column 2, line 12, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0210; Airspace Docket No. 17-AGL-10 (82 FR 35649, August 1, 2017). On page 35649, column 3, line 13, and line 26, under ADDRESSES; and on page 35650, column 2, line 7, and line 10, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 35650, column 1, line 57, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 35650, column 2, line 4, under Availability and Summary of Documents for Incorporation by Reference; and on page 35650, column 3, line 47, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-8162; Airspace Docket No. 17-ANM-12 (82 FR 36077, August 3, 2017). On page 36077, column 1, line 48, under ADDRESSES; and on page 36077, column 3, line 20, and line 23, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 36077, column 3, line 7, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 36077, column 3, line 17, under Availability and Summary of Documents for Incorporation by Reference; and on page 36078, column 2, line 16, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017,. . .”.

    For Docket No. FAA-2017-0355; Airspace Docket No. 17-AGL-12 (82 FR 36078, August 3, 2017). On page 36079, column 1, line 9, and line 22, under ADDRESSES; and on page 36079, column 2, line 27, and line 30, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 36079, column 2, line 14, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 36079, column 2, line 24, under Availability and Summary of Documents for Incorporation by Reference; and on page 36079, column 3, line 57, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0297; Airspace Docket No. 16-AWP-4 (82 FR 37514, August 11, 2017). On page 37514, column 3, line 20, under ADDRESSES; and on page 37515, column 1, line 33, and line 36, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 37515, column 1, line 20, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 37515, column 1, line 30, under Availability and Summary of Documents for Incorporation by Reference; and on page 37515, column 2, line 44, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0287; Airspace Docket No. 17-ACE-6 (82 FR 38821, August 16, 2017). On page 38821, column 1, line 44, and column 2, line 1, under ADDRESSES; and on page 38821, column 3, line 12, and line 15, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 38821, column 2, line 59, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 38821, column 3, line 9, under Availability and Summary of Documents for Incorporation by Reference; and on page 38822, column 1, line 35, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0298; Airspace Docket No. 17-ASW-7 (82 FR 38822, August 16, 2017). On page 38822, column 2, line 34, and line 47, under ADDRESSES; and on page 38822, column 3, line 49, and line 52, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 38822, column 3, line 36, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 38822, column 3, line 46, under Availability and Summary of Documents for Incorporation by Reference; and on page 38823, column 2, line 6, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0109; Airspace Docket No. 16-ASO-13 (82 FR 39532, August 21, 2017). On page 39532, column 1, line 33, and line 46, under ADDRESSES; and on page 39532, column 3, line 49, and line 52, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 39532, column 3, line 36, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 39532, column 3, line 46, under Availability and Summary of Documents for Incorporation by Reference; and on page 39533, column 2, line 28, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0296; Airspace Docket No. 17-ACE-7 (82 FR 40692, August 28, 2017). On page 40693, column 1, line 24, and line 37, under ADDRESSES; and on page 40693, column 2, line 39, and line 42, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 40693, column 2, line 26, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 40693 column 2, line 36 under Availability and Summary of Documents for Incorporation by Reference; and on page 40693, column 3, line 57, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0182; Airspace Docket No. 17-ASW-3 (82 FR 40694, August 28, 2017). On page 40694, column 1, line 54, and column 2, line 7, under ADDRESSES; and on page 40694, column 3, line 9, and line 12, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 40694, column 2, line 62, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 40694 column 3, line 6, under Availability and Summary of Documents for Incorporation by Reference; and on page 40695, column 1, line 28, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0165; Airspace Docket No. 17-ACE-1 (82 FR 40695, August 28, 2017). On page 40695, column 2, line 35, and line 48, under ADDRESSES; and on page 40695, column 3, line 62, and line 65, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 40695, column 3, line 39, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 40695 column 3, line 59 under Availability and Summary of Documents for Incorporation by Reference; and on page 40696, column 2, line 6, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0722; Airspace Docket No. 17-AGL-16 (82 FR 40696, August 28, 2017). On page 40696, column 2, line 56, and column 3, line 10, under ADDRESSES; and on page 40697, column 1, line 13, and line 16, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 40696, column 3, line 66, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 40697 column 1, line 10 under Availability and Summary of Documents for Incorporation by Reference; and on page 40697, column 2, line 36, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2017-0184; Airspace Docket No. 17-ASW-5 (82 FR 40697, August 28, 2017). On page 40697, column 3, line 32, and line 45, under ADDRESSES; and on page 40698, column 1, line 45, under History; and on page 40698, column 1, line 57, and line 60, under Availability and Summary of Documents for Incorporation by Reference; and on page 40698, column 2, line 17 remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 40698, column 1, line 39, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 40698 column 1, line 54, under Availability and Summary of Documents for Incorporation by Reference; and on page 40698, column 3, line 16, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    For Docket No. FAA-2016-9593; Airspace Docket No. 16-ACE-12 (82 FR 42445, September 8, 2017). On page 42446, column 1, line 19, and line 32, under ADDRESSES; and on page 42446, column 2, line 31, and line 34, under Availability and Summary of Documents for Incorporation by Reference remove “. . . FAA Order 7400.11A . . .” and add in its place “. . . FAA Order 7400.11B . . .”. On page 42446, column 2, line 18, under History remove “. . . FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017 . . .”. On page 42446 column 2, line 28, under Availability and Summary of Documents for Incorporation by Reference; and on page 42446, column 3, line 42, under Amendatory Instruction 2 remove “. . . FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, . . .” and add in its place “. . . FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, . . .”.

    Issued in Washington, DC, on October 3, 2017. Scott M. Rosenbloom, Acting Manager, Airspace Policy Group.
    [FR Doc. 2017-21782 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0392; Airspace Docket No. 16-ANM-4] Establishment of Class E Airspace, Big Timber, MT AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace extending upward from 700 feet above the surface at Big Timber Airport, Big Timber, MT, to accommodate the development of instrument flight rules (IFR) operations under standard instrument approach and departure procedures at the airport, for the safety and management of aircraft within the National Airspace System.

    DATES:

    Effective 0901 UTC, December 7, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace extending upward from 700 feet above the earth at Big Timber Airport, Big Timber, MT, for the safety of aircraft and management of airspace within the National Airspace System.

    History

    On July 5, 2017, the FAA published a notice of proposed rulemaking in the Federal Register (82 FR 31031) Docket No. FAA-2017-0392 to establish Class E airspace extending upward from 700 feet above the surface at Big Timber Airport, Big Timber, MT. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within an 8-mile radius of the Big Timber Airport, Big Timber, MT, with a 12-mile wide segment extending to 27.4 miles east of the airport, and a 7.6-mile wide segment extending to 12.5 miles west of the airport. This airspace is necessary to support IFR operations in standard instrument approach and departure procedures at the airport.

    Regulatory Notices and Analyses

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

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM MT E5 Big Timber, MT [New] Big Timber Airport, MT (Lat. 45°48′23″ N., long. 109°58′42″ W.)

    That airspace upward from 700 feet above the surface within an 8-mile radius of Big Timber Airport, and within 8 miles north and 4 miles south of the 074° bearing from the airport extending to 27.4 miles east of the airport, and within 3.8 miles each side of the 253° bearing from the airport extending to 12.5 miles west of the airport.

    Issued in Seattle, Washington, on October 3, 2017. Byron Chew, Acting Group Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-21788 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0295; Airspace Docket No. 16-AWP-2] Establishment of Class E Airspace and Amendment of Class D and Class E Airspace; Kaunakakai, HI AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action modifies airspace designations at Molokai Airport, Kaunakakai, HI. The FAA establishes an area of Class E airspace designated as a surface area; modifies Class E airspace designated as an extension to a Class D or E surface area; and modifies Class E airspace extending upward from 700 feet above the surface. Also, this action updates the airport's geographic coordinates for the associated Class D and E airspace areas to reflect the FAA's current aeronautical database and removes references to the Molokai VHF omnidirectional range/tactical air navigation (VORTAC). These changes enhance safety and support instrument flight rules (IFR) operations at the airport.

    DATES:

    Effective 0901 UTC, December 7, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E surface area airspace and modifies Class D and Class E airspace at Molokai Airport, Kaunakakai, HI, in support of standard instrument approach procedures for IFR operations at this airport.

    History

    On July 28, 2017, the FAA published in the Federal Register (82 FR 35131) Docket FAA-2017-0295, a notice of proposed rulemaking that proposed to establish Class E surface area airspace and modify Class E airspace designated as an extension to a Class D or E surface area; modify Class E airspace extending upward from 700 feet above the surface. at Molokai Airport, Kaunakakai, HI, and amend the geographic coordinates of the airport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. One comment was received supporting the proposal.

    Class D and E airspace designations are published in paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class D and E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace designated as surface area at Molokai Airport, Kaunakakai, HI. This new airspace designation, within a 4.3-mile radius of the airport, provides controlled airspace to support increased aircraft operations under IFR during the hours that the Class D airspace area is not in effect.

    This action also amends Class E airspace designated as an extension to Class D or E surface area at the airport by increasing the area to a 4.3-mile wide segment (from 3.6 miles wide) extending to 8 miles west (from 7.2 miles west) of the airport. The part-time NOTAM information is removed because Class D airspace or Class E surface airspace is continuous. The FAA also removes reference to the Molokai VORTAC in the airspace legal description to reflect the FAA's transition from ground-based to satellite-based navigation aids.

    Additionally, Class E airspace extending upward from 700 feet above the surface is enlarged west of the airport from the 6.8-mile radius of the airport to an area 10 miles wide (from 3.6 miles wide) extending to 12.4 miles west (from 8.3 miles west) of the airport.

    This action also updates the airport's geographic coordinates for the associated Class D and E airspace areas to reflect the FAA's current aeronautical database. Additionally, this action replaces the outdated term “Airport/Facility Directory” with the term “Chart Supplement” in the Class D and E airspace legal descriptions. These modifications are necessary for the safety and management of IFR operations at the airport.

    Lastly, a technical amendment is made to rename the airspace designation for the following airspace areas: AWP HI D Molokai, HI, is renamed Kaunakakai, HI; AWP HI E2 Molokai, HI, is renamed Kaunakakai, HI; and AWP HI E5 Molokai, HI, is renamed Kaunakakai, HI, to remain consistent in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 5000 Class D Airspace. AWP HI D Kaunakakai, HI [Amended] Molokai Airport, HI (Lat. 21°09′10″ N., long. 157°05′47″ W.)

    That airspace extending upward from the surface to and including 3,000 feet MSL within a 4.3-mile radius of Molokai Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.

    Paragraph 6002 Class E Airspace Designated as Surface Areas. AWP HI E2 Kaunakakai, HI [New] Molokai Airport, HI (Lat. 21°09′10″ N., long. 157°05′47″ W.)

    That airspace extending upward from the surface within a 4.3-mile radius of Molokai Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.

    Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. AWP HI E4 Kaunakakai, HI [Amended] Molokai Airport, HI (Lat. 21°09′10″ N., long. 157°05′47″ W.)

    That airspace extending upward from the surface within 1.5 miles north and 2.8 miles south of a 255° bearing from Molokai Airport extending from the 4.3-mile radius to 8 miles west of the airport.

    Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AWP HI E5 Kaunakakai, HI [Amended] Molokai Airport, HI (Lat. 21°09′10″ N., long. 157°05′47″ W.)

    That airspace extending upward from the surface within a 6.8-mile radius of Molokai Airport and within 5.4 miles north and 4.8 miles south of a 255° bearing from Molokai Airport extending from the 6.8-mile radius to 12.4 miles west of the airport.

    Issued in Seattle, Washington, on October 3, 2017. B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-21785 Filed 10-10-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF THE TREASURY 31 CFR Part 0 RIN 1505-AB89 Department of the Treasury Employee Rules of Conduct AGENCY:

    Department of the Treasury.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of the Treasury (the “Department” or “Treasury”) publishes this final rule to update its Employee Rules of Conduct, which prescribe uniform rules of conduct and procedure for all employees and officials in the Department.

    DATES:

    Effective October 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Brian Sonfield, Deputy Assistant General Counsel, General Law and Regulation, (202) 622-9804.

    SUPPLEMENTARY INFORMATION:

    I. Background

    On June 1, 1995, the Department issued Employee Rules of Conduct prescribing uniform rules of conduct and procedure for all employees and officials in the Department. On February 19, 2016, Treasury published in the Federal Register an interim final rule amending the Employee Rules of Conduct to account for current Department structure resulting from organizational changes that established new bureaus within Treasury and transferred certain functions and/or bureaus from the Department. The interim final rule also amended the Rules of Conduct to remove provisions that pertain solely to standards of ethical conduct. The standards of ethical conduct governing employees of the Department are contained in uniform standards of ethical conduct promulgated by the Office of Government Ethics that apply to all executive branch personnel, codified at 5 CFR part 2635 (Executive Branch-wide Standards), and in the Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury, codified at 5 CFR part 3101 (Treasury Supplemental Standards). Finally, the interim final rule amended the Rules of Conduct to ensure the efficient functioning of the Department and to conform to changes in the law or Department policy.

    The interim final rule went into effect on February 19, 2016. The public comment period for the interim final rule closed on April 19, 2016. One written comment responding to the interim final rule was received and is available for public inspection at http://www.regulations.gov or upon request. After consideration of the comment, the interim final rule revising part 0 in its entirety is adopted as amended by this final rule.

    II. Public Comment and Summary of Changes From the Interim Final Rules

    Section 0.216 of the interim final rule states: “Except for the official handling, through the proper channels, of matters relating to legislation in which the Department has an interest, employees shall not use government time, money, or property to petition a Member of Congress to favor or oppose any legislation or proposed legislation, or to encourage others to do so.” The commenter expressed concern that this language has the potential to interfere with the right of an employee representative under the Federal Labor Management Relations Statute, 5 U.S.C. 7101, et seq., to communicate with Congress and to educate its members about legislative proposals. The commenter also observed that interim final rule section 0.216 could impermissibly chill communications between union leaders and bargaining unit employees about such proposals.

    Treasury recognizes that it has a duty to bargain with the representatives of its employees over proposals to permit the use of official time for such representatives to lobby Congress regarding matters affecting conditions of employment. See AFGE and U.S. Dep't of Labor, 61 F.L.R.A. 209, 216 (2005). Section 0.216 was not intended to preclude such bargaining. In order to clarify Treasury's intent, section 0.216 has been revised to reflect that the use of government time, to petition a Member of Congress to favor or oppose any legislation or proposed legislation, is not prohibited where permitted by a collective bargaining agreement. Accordingly, the following additional sentence has been added to the end of section 0.216: “This section does not prohibit the use of government time by union representatives to petition a Member of Congress to favor or oppose any legislation or proposed legislation, where permitted by the terms of a collective bargaining agreement.”

    Treasury disagrees that section 0.216 can reasonably be construed to limit all communications between union leaders and bargaining unit employees about legislative proposals, including those that would educate union members about legislative proposals affecting their government employment. The rule prohibits only the use of government time, money, or property for communications encouraging others to petition a Member of Congress to favor or oppose any legislation or proposed legislation. Such a prohibition does not interfere with any employee right.

    Although not the subject of a public comment, Treasury has also made a clarifying change to section 0.215. That section of the interim final rule provided: “An employee shall not electronically transmit, or create audio or video recordings of, conversations, meetings, or conferences in the workplace or while conducting business on behalf of the Department, except where doing so is part of the employee's official duties” (emphasis added). This wording could be construed to preclude ad hoc authorizations to record where doing so is not part of an employee's official duties. That was not Treasury's intention, and the section has therefore been changed to substitute the phrase “where authorized” for the phrase “where doing so is part of the employee's official duties.”

    III. Matters of Regulatory Procedure Regulatory Flexibility Act

    Because, as explained at 81 FR 8402 (Feb. 19, 2016), no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

    Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) requires an agency to prepare a budgetary impact statement before promulgating a rule that includes a federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. This rule generally sets out the conduct regulations that all Department employees and officials are required to follow. The Department therefore has determined that the rule will not result in expenditures by state, local or tribal governments or by the private sector of $100 million or more. Accordingly, the Department has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered.

    Administrative Procedure Act

    Under 5 U.S.C. 553(a)(2), rules relating to agency management and personnel are exempt from the rulemaking requirements of the Administrative Procedure Act (APA). As set forth in the description of the interim rule, this final rule affects only the Department and its personnel; therefore, the APA requirements for prior notice and opportunity to comment and a delayed effective date are inapplicable. Even if this rulemaking were subject to APA procedures, the Department finds that good cause exists, pursuant to 5 U.S.C. 553(b) and (d), that the requirements for prior notice and comment are unnecessary because the rule affects only Treasury employees.

    List of Subjects in 31 CFR Part 0

    Government employees.

    For reasons set forth in the preamble, the interim rule published February 19, 2016, at 81 FR 8402, is adopted as final with the following changes:

    PART 0—DEPARTMENT OF THE TREASURY EMPLOYEE RULES OF CONDUCT 1. The authority citation for part 0 continues to read as follows: Authority:

    5 U.S.C. 301.

    2. Revise § 0.215 to read as follows:
    § 0.215 Recording government business.

    An employee shall not electronically transmit, or create audio or video recordings of, conversations, meetings, or conferences in the workplace or while conducting business on behalf of the Department, except where authorized.

    3. Revise § 0.216 to read as follows:
    § 0.216 Influencing legislation or petitioning Congress.

    Except for the official handling, through the proper channels, of matters relating to legislation in which the Department has an interest, employees shall not use government time, money, or property to petition a Member of Congress to favor or oppose any legislation or proposed legislation, or to encourage others to do so. This section does not prohibit the use of government time by union representatives to petition a Member of Congress to favor or oppose any legislation or proposed legislation, where permitted by the terms of a collective bargaining agreement.

    Dated: October 4, 2017. Kody H. Kinsley, Assistant Secretary for Management.
    [FR Doc. 2017-21906 Filed 10-10-17; 8:45 am] BILLING CODE 4810-25-P
    DEPARTMENT OF THE TREASURY 31 CFR Part 23 RIN 1505-AC51 Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance From the Department of the Treasury AGENCY:

    Department of the Treasury.

    ACTION:

    Final rule.

    SUMMARY:

    This final rule sets out the Department of the Treasury's (Treasury) rules for implementing the Age Discrimination Act of 1975, as amended (the Act). The Act prohibits discrimination on the basis of age in programs and activities receiving Federal financial assistance. The Act, which applies to persons of all ages, permits the use of certain age distinctions and factors other than age that meet the Act's requirements. This final rule follows publication of an August 4, 2015, proposed rule and takes into account the comments received.

    DATES:

    Effective November 13, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mariam G. Harvey, Director, Office of Civil Rights and Diversity, Department of the Treasury, (202) 622-0316 (voice).

    SUPPLEMENTARY INFORMATION: I. Background

    The Age Discrimination Act of 1975, 42 U.S.C. 6101-6107 (“the Act”), which Congress enacted as part of amendments to the Older Americans Act (Pub. L. 94-135, 89 Stat. 713, 728), prohibits discrimination on the basis of age in programs and activities receiving Federal financial assistance. The Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat. 28, 31 (1988)) amended the Act and other civil rights statutes to define “program or activity” to mean all of the operations of specified entities, any part of which is extended Federal financial assistance. See 42 U.S.C. 6107(4).

    The Act applies to discrimination at all age levels. The Act also contains specific exceptions that permit the use of certain age distinctions and factors other than age that meet the Act's requirements.

    The Act required the former Department of Health, Education, and Welfare (HEW) to issue general, government-wide regulations, setting standards to be followed by all Federal agencies implementing the Act. These government-wide regulations, which were issued on June 12, 1979 (44 FR 33768), and became effective on July 1, 1979, require each Federal agency providing financial assistance to any program or activity to publish proposed regulations implementing the Act, and to submit final agency regulations to HEW (now the Department of Health and Human Services (HHS)), before publication in the Federal Register. See 45 CFR 90.31.

    The Act became effective on the effective date of HEW's final government-wide regulations (i.e., July 1, 1979). Treasury has enforced the provisions of the Act since that time. As a practical matter, the absence of Treasury-specific age regulations has not had an impact on Treasury's legal authority to enforce prohibitions against discrimination on the basis of age in programs or activities receiving Federal financial assistance from Treasury. Specifically, persons alleging age discrimination have not been hampered in their ability to file complaints nor has Treasury's Office of Civil Rights and Diversity's (OCRD) ability to process these complaints been affected.

    On August 4, 2015 (80 FR 46208), the Department issued a notice of proposed rulemaking and invited comments on all aspects of the proposal.

    II. Overview of Final Rule

    This rule is designed to fulfill the statutory and regulatory obligations of Treasury to issue a regulation implementing the Act that conforms to the government-wide regulations at 45 CFR part 90. The rule carries out the Act's prohibition of discrimination based on age in programs and activities receiving financial assistance from Treasury and provides appropriate investigative, conciliation, and enforcement procedures. OCRD, part of the Office of the Assistant Secretary for Management, will conduct Treasury enforcement. OCRD enforces all civil rights laws applicable to entities receiving financial assistance from Treasury.

    The rule is not intended to alter the legal standards found in the Act or the government-wide regulations, which are applicable to recipients of Federal financial assistance from Treasury under other statutes. Treasury does not provide financial assistance within the meaning of these rules merely by disbursing a payment on behalf of another Federal agency. The rule closely follows the wording and format of rules issued by other Federal agencies to implement the Act. In particular, Treasury modeled much of its proposal on the agency-specific regulations issued by HHS, the lead Federal agency coordinating implementation of the Act (45 CFR part 91; 47 FR 57850, Dec. 28, 1982); and the Department of Education (ED) (34 CFR part 110; 58 FR 40194, July 27, 1993). The government-wide, HHS, and ED rules were subjected to extensive public scrutiny, and the public comments were considered in finalizing those rules. Readers may review the HHS and ED Federal Register publications for historical and explanatory material regarding the Act, the government-wide regulations, and the provisions of the HHS and ED implementing regulations.

    In general, the final rule mirrors the government-wide regulations at 45 CFR part 90 and HHS's and ED's regulations implementing the Act, with modifications to aid consistency and clarify the Treasury specific provisions. Subpart A sets forth the rule's purpose, applications, and definitions. Subpart B contains the standards for determining age discrimination. Subpart C comprises the duties and responsibilities of Treasury recipients. Subpart D establishes the procedures for investigations, conciliation and enforcement. For a complete discussion of the proposal, see the August 4, 2015, proposed rule at 80 FR 46208.

    III. Summary of Public Comments and Explanation of Revisions

    Treasury received three comments on the proposed rule which generally supported the rule. One commenter suggested revisions that are discussed below.

    The commenter suggested there could be confusion in the employer community and among employees who may not be aware that the Age Discrimination Act (Age Act), and the Age Discrimination in Employment Act (ADEA) are separate statutes with different purposes, procedures, and remedies. In response to this comment, Treasury added a reference to the Age Act, 42 U.S.C. 6103 (c)(2) to the rule, specifically stating that the rule does not in any way affect the Equal Employment Opportunity Commission's regulations implementing the ADEA at 29 CFR 1625, 1626, and 1627.

    The commenter noted that the proposed rule purported to apply to programs under the Comprehensive Employment and Training Act (CETA) (29 U.S.C. 801, et seq.), but those programs are no longer in effect. Treasury has revised § 23.3(b)(2) to eliminate the reference to CETA.

    The commenter suggested that the rule, at § 23.46(a)(2)(ii), should make more clear that referrals will be made to the EEOC with respect to violations of the ADEA. Treasury edited the rule to add specifically that referrals will be made to the EEOC, Labor, HHS or Education as applicable. The general reference in § 23.46(a)(2)(ii) to any Federal, State, or local government agency remains since referrals could be made to other agencies as well.

    The commenter suggested that the ADEA be added to the definitions section in § 23.4. In response to this comment, Treasury added the ADEA to the definitions section.

    The commenter noted that the Supreme Court held in General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581, 600 (2004) that “the [ADEA] does not mean to stop an employer from favoring an older employee over a younger one,” and suggested that Treasury consider whether Cline warrants any revisions to its Age Act regulation. Treasury has reviewed the statute and case law and has concluded that, unlike the ADEA, the Age Act does not limit its protection to a specific age group. The Age Act also provides exceptions from age discrimination requirements for normal operation or to meet statutory objectives of any program or activity (see §§ 23.13 and § 23.14). Therefore, Treasury did not adopt any revisions in response to this comment.

    Another comment noted that §§ 23.13 and 23.14 discuss the defenses of 42 U.S.C. 6103(b)(1) (A) and (B), that the defense in subparagraph (A) appears to be functionally similar to the “bona fide occupational qualification” (BFOQ) defense set out in § 4(f)(1) of the ADEA, 29 U.S.C. 623(f)(1), and that the language of the defense in subparagraph (B) is identical to the “reasonable factors other than age” (RFOA) defense set out in the same ADEA section. The commenter then noted that the EEOC regulations at 29 CFR 1625.6 and 1625.7 address the BFOQ and RFOA defenses and suggested that Treasury consider whether any points made in the EEOC's BFOQ or RFOA regulations should be adapted for inclusion in the Age Act regulation. The commenter also cited the Supreme Court's decision in Smith v. City of Jackson, 544 U.S. 228 (2005), and note that this case caused the EEOC to revise the EEOC's “reasonable factor other than age” regulation. See 29 CFR 1625.7. It suggested that Treasury consider whether Smith warrants a revision of § 23.14.

    Treasury considered adopting the EEOC's regulations for BFOQ and RFOA under the ADEA, but the legislative intent of the two statutes (ADEA and Age Act) is different. The ADEA was designed to protect older workers, while the Age Act was intended to prohibit all kinds of unreasonable age discrimination. In addition, adopting EEOC's BFOQ and RFOA factors, and applying them outside of the employment arena could create confusion with the ADEA. For these reasons, Treasury decided not to adopt the EEOC's regulations for BFOQ and RFOA for inclusion in our Age Act regulation.

    The commenter noted that §§ 23.43(c) and 23.44(a)(3) discuss mediation agreements and, if the settlement purports to include rights under the ADEA, section 7(f) of the ADEA, 29 U.S.C. 626(f), sets out specific rules for the waiver of rights and claims under the ADEA. See 29 CFR 1625.22. Treasury considered this comment, but because the regulations do not cover employment, see § 23.3(b)(2)), Treasury does not anticipate settlements will include rights under the ADEA and has made no revisions.

    IV. Regulatory Procedures Executive Order 12866

    This rule is not a ”significant regulatory action” under Executive Order 12866. Therefore, no regulatory impact analysis has been prepared.

    Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it is hereby certified that this rule would not have a significant economic impact on a substantial number of small entities. The rule will clarify existing requirements for entities receiving financial assistance from Treasury. The requirements prohibiting age discrimination by recipients of Federal financial assistance that are in the Act and the government-wide regulations have been in effect since 1979. In addition, entities receiving financial assistance from Treasury have been expressly informed of their obligations to comply with the Act by the offices administering the assisted programs. Because the rule does not substantively change existing obligations on recipients, but merely clarifies such duties, Treasury certifies that the rule will not have a significant economic impact on a substantial number of small entities. Consequently, a regulatory flexibility analysis is not required.

    Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) requires an agency to prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. This rule will not result in expenditures by State, local or tribal governments or by the private sector of $100 million or more. Accordingly, the Department has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered.

    List of Subjects in 31 CFR Part 23

    Aged, Discrimination against aged.

    For the reasons stated in the preamble, the Department of the Treasury amends subtitle A of title 31 of the CFR by adding part 23 to read as follows:

    PART 23—NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF THE TREASURY Subpart A—General Sec. 23.1 What is the purpose of the Age Discrimination Act of 1975? 23.2 What is the purpose of Treasury's discrimination regulations? 23.3 To what programs does this part apply? 23.4 Definitions of terms used in this part. Subpart B—Standards for Determining Age Discrimination 23.11 Rules against age discrimination. 23.12 Definitions of “normal operation” and “statutory objective.” 23.13 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity. 23.14 Exceptions to the rules against age discrimination: Reasonable factors other than age. 23.15 Burden of proof. 23.16 Affirmative action by recipients. 23.17 Special benefits for children and the elderly. 23.18 Age distinctions contained in Treasury's regulations. Subpart C—Duties of Treasury Recipients 23.31 General responsibilities. 23.32 Notice to subrecipients and beneficiaries. 23.33 Assurance of compliance and recipient assessment of age distinctions. 23.34 Information requirements. Subpart D—Investigations, Conciliation, and Enforcement Procedures 23.41 Compliance reviews. 23.42 Complaints. 23.43 Mediation. 23.44 Investigation. 23.45 Prohibition against intimidation or retaliation. 23.46 Compliance procedures. 23.47 Hearings, decisions, post-termination proceedings. 23.48 Remedial action by recipient. 23.49 Alternate funds disbursal procedure. 23.50 Exhaustion of administrative remedies. Authority:

    Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. (45 CFR part 90)

    Subpart A—General
    § 23.1 What is the purpose of the Age Discrimination Act of 1975?

    The Age Discrimination Act of 1975, as amended, is designed to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. The Act also permits federally assisted programs and activities, and recipients of Federal funds, to continue to use certain age distinctions and factors other than age that meet the requirements of the Act and these regulations.

    § 23.2 What is the purpose of Treasury's age discrimination regulations?

    The purpose of these regulations is to set out Treasury's policies and procedures under the Age Discrimination Act of 1975 and the general age discrimination regulations at 45 CFR part 90. The Act and the general regulations prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. The Act and the general regulations permit federally assisted programs and activities, and recipients of Federal funds, to continue to use age distinctions and factors other than age that meet the requirements of the Act and its implementing regulations. These regulations do not apply to actions arising under the Age Discrimination in Employment Act of 1967, Public Law 90-202, 29 U.S.C. 621 through 634 (ADEA), and do not in any way affect the Equal Employment Opportunity Commission's regulations implementing the ADEA at 29 CFR 1625, 1626, and 1627.

    § 23.3 To what programs does this part apply?

    (a) This part applies to any program or activity receiving Federal financial assistance from Treasury.

    (b) The regulations in this part do not apply to:

    (1) An age distinction contained in that part of a Federal, State, or local statute or ordinance adopted by an elected, general purpose legislative body that:

    (i) Provides any benefits or assistance to persons based on age; or

    (ii) Establishes criteria for participation in age-related terms; or

    (iii) Describes intended beneficiaries to target groups in age-related terms; or

    (2) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program.

    § 23.4 Definition of terms used in this part.

    As used in these regulations, the term:

    Act means the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101-6107.

    Action means any act, activity, policy, rule, standard, or method of administration; or the use of any policy, rule, standard, or method of administration.

    ADEA means the Age Discrimination in Employment Act of 1967, which forbids employment discrimination against anyone 40 years of age or older.

    Age means how old a person is, or the number of years from the date of a person's birth.

    Age distinction means any action using age or an age-related term.

    Age-related term means a word or words that necessarily imply a particular age or range of ages (for example, “children,” “adult,” “older persons,” but not “student”).

    Federal financial assistance means any grant, entitlement, loan, cooperative agreement, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which Treasury provides assistance in the form of:

    (1) Funds; or

    (2) Services of Federal personnel; or

    (3) Real and personal property or any interest in or use or property, including:

    (i) Transfers or leases of property for less than fair market value or for reduced consideration; and

    (ii) Proceeds from a subsequent transfer or lease of property if the federal share of its fair market value is not returned to the Federal Government.

    Program or activity means all of the operations of any entity described in paragraphs (1) through (4) of this definition, any part of which is extended Federal financial assistance:

    (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or

    (ii) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

    (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or

    (ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system;

    (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—

    (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

    (B) That is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

    (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

    (4) Any other entity that is established by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

    Recipient means any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee, or transferee, but excludes the ultimate beneficiary of the assistance.

    Secretary means the Secretary of the Treasury, or his or her designee.

    Subrecipient means any of the entities in the definition of recipient to which a recipient extends or passes on Federal financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance and has all the duties of a recipient in these regulations.

    Treasury means the United States Department of the Treasury.

    United States means the fifty states, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Trust Territory of the Pacific Islands, the Northern Marianas, and the territories and possessions of the United States.

    Subpart B—Standards for Determining Age Discrimination
    § 23.11 Rules against age discrimination.

    The rules stated in this section are limited by the exceptions contained in §§ 23.13 and 23.14.

    (a) General rule. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

    (b) Specific rules. A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contractual licensing, or other arrangements, use age distinctions or take any other actions that have the effect, on the basis of age, of:

    (1) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under, a program or activity receiving Federal financial assistance; or

    (2) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance.

    (c) Non-exhaustive list. The specific forms of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list.

    § 23.12 Definitions of “normal operation” and “statutory objective.”

    For purposes of §§ 23.13 and 23.14, the terms “normal operation” and “statutory objective” shall have the following meaning:

    (a) Normal operation means the operation of a program or activity without significant changes that would impair its ability to meet its objectives.

    (b) Statutory objective means any purpose of a program or activity expressly stated in any Federal statute, State statute, or local statute or ordinance adopted by an elected, general purpose legislative body.

    § 23.13 Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity.

    A recipient is permitted to take an action, otherwise prohibited by § 23.11, if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if:

    (a) Age is used as a measure or approximation of one or more other characteristics; and

    (b) The other characteristic(s) must be measured or approximated for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and

    (c) The other characteristic(s) can be reasonably measured or approximated by the use of age; and

    (d) The other characteristic(s) are impractical to measure directly on an individual basis.

    § 23.14 Exceptions to the rules against age discrimination: Reasonable factors other than age.

    A recipient is permitted to take an action otherwise prohibited by § 23.11 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.

    § 23.15 Burden of proof.

    The burden of proving that an age distinction or other action falls within the exceptions outlined in §§ 23.13 and 23.14 is on the recipient of Federal financial assistance.

    § 23.16 Affirmative action by recipient.

    Even in the absence of a finding of discrimination, a recipient may take affirmative action to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity on the basis of age.

    § 23.17 Special benefits for children and the elderly.

    If a recipient's operation of a program or activity provides special benefits to the elderly or to children, such use of age distinctions shall be presumed to be necessary to the normal operation of the program or activity, notwithstanding the provisions of § 23.13.

    § 23.18 Age distinctions contained in Treasury regulations.

    Any age distinctions contained in a rule or regulation issued by Treasury shall be presumed to be necessary to the achievement of a statutory objective of the program or activity to which the rule or regulation applies, notwithstanding the provisions of § 23.13.

    Subpart C—Duties of Treasury Recipients
    § 23.31 General responsibilities.

    Each Treasury recipient has primary responsibility to ensure that its programs and activities are in compliance with the Act and these regulations, and shall take steps to eliminate violations of the Act. A recipient also has responsibility to maintain records, provide information, and afford Treasury access to its records to the extent Treasury finds necessary to determine whether the recipient is in compliance with the Act and these regulations.

    § 23.32 Notice to subrecipients and beneficiaries.

    (a) Where a recipient passes on Federal financial assistance from Treasury to subrecipients, the recipient shall provide the subrecipients written notice of their obligations under the Act and these regulations.

    (b) Each recipient shall make necessary information about the Act and these regulations available to its program beneficiaries to inform them about the protections against discrimination provided by the Act and these regulations.

    § 23.33 Assurance of compliance and recipient assessment of age distinctions.

    (a) Written assurance. Each recipient of Federal financial assistance from Treasury shall sign a written assurance as specified by Treasury that it will comply with the Act and these regulations.

    (b) Recipient assessment of age distinctions. (1) As part of a compliance review under § 23.41 or a complaint investigation under § 23.44, Treasury may require a recipient employing the equivalent of 15 or more employees to complete a written self-evaluation, in a manner specified by the responsible Department official, of any age distinction imposed in its program or activity receiving Federal financial assistance from Treasury to assess the recipient's compliance with the Act.

    (2) Whenever an assessment indicates a violation of the Act or the Treasury regulations, the recipient shall take corrective action.

    § 23.34 Information requirements.

    Each recipient shall:

    (a) Keep records in a form and containing information that Treasury determines may be necessary to ascertain whether the recipient is complying with the Act and these regulations.

    (b) Provide to Treasury, upon request, information and reports that Treasury determines are necessary to ascertain whether the recipient is complying with the Act and these regulations.

    (c) Permit reasonable access by Treasury to the books, records, accounts, and other recipient facilities and sources of information to the extent Treasury determines is necessary to ascertain whether the recipient is complying with the Act and these regulations.

    Subpart D—Investigation, Conciliation, and Enforcement Procedures
    § 23.41 Compliance reviews.

    (a) Treasury may conduct compliance reviews and pre-award reviews or use other similar procedures that will permit it to investigate and correct violations of the Act and these regulations. Treasury may conduct these reviews even in the absence of a complaint against a recipient. The reviews may be as comprehensive as necessary to determine whether a violation of the Act or these regulations has occurred.

    (b) If a compliance review or pre-award review indicates a violation of the Act or these regulations, Treasury will attempt to achieve voluntary compliance. If voluntary compliance cannot be achieved, Treasury will arrange for enforcement as described in § 23.46.

    § 23.42 Complaints.

    (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with Treasury, alleging discrimination prohibited by the Act or these regulations based on an action occurring on or after July 1, 1979. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. However, for good cause shown, Treasury may extend this time limit.

    (b) Treasury will consider the date a complaint is filed to be the date upon which the complaint is sufficient to be processed.

    (c) Treasury will attempt to facilitate the filing of complaints wherever possible, including taking the following measures:

    (1) Accepting as a sufficient complaint any written statement that identifies the parties involved and the date the complainant first had knowledge of the alleged violation, describes generally the action or practice complained of, and is signed by the complainant.

    (2) Freely permitting a complainant to add information to the complaint to meet the requirements of a sufficient complaint.

    (3) Notifying the complainant and the recipient of their rights and obligations under the complaint procedure, including the right to have a representative at all stages of the complaint resolution process.

    (4) Notifying the complainant and the recipient (or their representatives) of their right to contact Treasury for information and assistance regarding the complaint resolution process.

    (d) Treasury will notify the complainant when the complaint falls outside the jurisdiction of these regulations, and will state the reason(s) why it is outside the jurisdiction of these regulations.

    § 23.43 Mediation.

    (a) Treasury will promptly refer to a mediation agency designated by the Secretary of the Department of Health and Human Services (HHS) all sufficient complaints that:

    (1) Fall within the jurisdiction of the Act and these regulations, unless the age distinction complained of is clearly within an exception; and,

    (2) Contain all information necessary for further processing.

    (b) Both the complainant and the recipient shall participate in the mediation process to the extent necessary to reach an agreement or make an informed judgment that an agreement is not possible.

    (c) If the complainant and the recipient reach an agreement, the mediator shall prepare a written statement of the agreement and have the complainant and the recipient sign it. The mediator shall send a copy of the agreement to Treasury. Treasury will take no further action on the complaint unless the complainant or the recipient fails to comply with the agreement.

    (d) The mediator shall protect the confidentially of all information obtained in the course of the mediation process. No mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without prior approval of the head of the mediation agency.

    (e)(1) The mediation will proceed for a maximum of 60 days after a complaint is filed with Treasury. Mediation ends if:

    (i) 60 days elapse from the time the complaint is filed; or

    (ii) Prior to the end of that 60-day period, an agreement is reached; or

    (iii) Prior to the end of that 60-day period, the mediator determines that an agreement cannot be reached.

    (2) This 60-day period may be extended by the mediator, with the concurrence of Treasury, for not more than 30 days if the mediator determines that agreement likely will be reached during such extended period.

    (f) The mediator shall notify Treasury when mediation is not successful and Treasury will continue processing the complaint.

    § 23.44 Investigation.

    (a) Informal investigation. (1) Treasury will investigate complaints that are unresolved after mediation or are reopened because of a violation of a mediation agreement.

    (2) As part of the initial investigation, Treasury will use informal fact finding methods, including joint or separate discussions with the complainant and recipient, to establish the facts and, if possible, settle the complaint on terms that are mutually agreeable to the parties. Treasury may seek the assistance of any involved State agency.

    (3) Any settlement agreement will be put in writing and the parties will sign it.

    (4) The settlement shall not affect the operation of any other enforcement effort of Treasury, including compliance reviews and investigation of other complaints that may involve the recipient.

    (5) The settlement is not a finding of discrimination against a recipient.

    (b) Formal investigation. If Treasury cannot resolve the complaint through informal investigation, it will begin to develop formal findings through further investigation of the complaint. If the investigation indicates a violation of these regulations, Treasury will attempt to obtain voluntary compliance. If Treasury cannot obtain voluntary compliance, it will begin enforcement as described in § 23.46

    § 23.45 Prohibition against intimidation or retaliation.

    A recipient may not engage in acts of intimidation or retaliation against any person who:

    (a) Attempts to assert a right protected by the Act or these regulations; or

    (b) Cooperates in any mediation, investigation, hearing, or other part of Treasury's investigation, conciliation, and enforcement process.

    § 23.46 Compliance procedures.

    (a) Treasury may enforce the Act and these regulations through:

    (1) Termination of a recipient's Federal financial assistance from Treasury under the program or activity involved where the recipient has violated the Act or these regulations. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an administrative law judge.

    (2) Any other means authorized by law, including but not limited to:

    (i) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipient created by the Act or these regulations;

    (ii) Referral to the Equal Employment Opportunity Commission, Department of Labor, the Department of Health and Human Services, or the Department of Education, as applicable; and

    (iii) Use of any requirement of or referral to any Federal, State, or local government agency that will have the effect of correcting a violation of the Act or these regulations.

    (b) Treasury will limit any termination under paragraph (a)(1) of this section to the particular recipient and particular program or activity or part of such program or activity Treasury finds in violation of these regulations. Treasury will not base any part of a termination on a finding with respect to any program or activity of the recipient that does not receive Federal financial assistance from Treasury.

    (c) Treasury will take no action under paragraph (a) of this section until:

    (1) The Secretary has advised the recipient of its failure to comply with the Act and these regulations and has determined that voluntary compliance cannot be obtained.

    (2) Thirty days have elapsed after the Secretary has sent a written report of the circumstances and grounds of the action to the committees of Congress having legislative jurisdiction over the Federal program or activity involved. The Secretary will file a report whenever any action is taken under paragraph (a) of this section.

    (d) Treasury also may defer granting new Federal financial assistance to a recipient when a hearing under paragraph (a)(1) of this section is initiated.

    (1) New Federal financial assistance from Treasury includes all assistance for which Treasury requires an application or approval, including renewal or continuation of existing activities, or authorization of new activities, during the deferral period. New Federal financial assistance from Treasury does not include increases in funding as a result of changed computation of formula awards or assistance approved prior to the beginning of a hearing under paragraph (a)(1) of this section.

    (2) Treasury will not begin a deferral until the recipient has received a notice of an opportunity for a hearing under paragraph (a)(1) of this section. Treasury will not continue a deferral for more than 60 days unless a hearing has begun within that time or the time for beginning the hearing has been extended by mutual consent of the recipient and the Secretary. Treasury will not continue a deferral for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient.

    (3) Treasury will limit any deferral to the particular recipient and particular program or activity or part of such program or activity Treasury finds in violation of these regulations. Treasury will not base any part of a deferral on a finding with respect to any program or activity of the recipient that does not, and would not in connection with the new funds, receive Federal financial assistance from Treasury.

    § 23.47 Hearings, decisions, post-termination proceedings.

    Treasury procedural provisions for hearings, decisions, and post-termination proceedings applicable to Title VI of the Civil Rights Act of 1964 and its implementing regulations within Title 31 of the CFR shall apply to Treasury enforcement of these regulations.

    § 23.48 Remedial action by recipient.

    Where Treasury finds a recipient has discriminated on the basis of age in violation of the Act or this part, the recipient shall take any remedial action that Treasury may require to overcome the effects of the discrimination.

    § 23.49 Alternate funds disbursal procedure.

    (a) When Treasury withholds funds from a recipient under these regulations, the Secretary may disburse the withheld funds directly to an alternate recipient, where appropriate: Any public or non-profit private organization or agency, or State or political subdivision of the State.

    (b) The Secretary will require any alternate recipient to demonstrate:

    (1) The ability to comply with these regulations; and

    (2) The ability to achieve the goals of the Federal statute authorizing the Federal financial assistance.

    § 23.50 Exhaustion of administrative remedies.

    (a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:

    (1) 180 days have elapsed since the complainant filed the complaint and Treasury has made no finding with regard to the complainant; or

    (2) Treasury issues any finding in favor of the recipient.

    (b) If Treasury fails to make a finding within 180 days or issues a finding in favor of the recipient, Treasury shall:

    (1) Promptly advise the complainant of this fact; and

    (2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and

    (3) Inform the complainant:

    (i) That the complainant may bring a civil action only in a United States district court for the district in which the recipient is found or transacts business;

    (ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fee, but that the complainant must demand these costs in the complaint.

    (iii) That before commencing the action the complainant shall give 30 days notice by registered mail to the Secretary, the Secretary of HHS, the Attorney General of the United States, and the recipient.

    (iv) That the notice must state: The alleged violation of the Act; the relief requested; the court in which the complainant is bringing the action; and whether or not attorney's fees are demanded in the event the complainant prevails; and

    (v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.

    Kody H. Kinsley, Assistant Secretary for Management.
    [FR Doc. 2017-21905 Filed 10-10-17; 8:45 am] BILLING CODE 4810-25-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0963] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Walk Against Breast Cancer event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

    DATES:

    This deviation is effective from 8 a.m. through 11 a.m. on October 22, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-0963, is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]

    SUPPLEMENTARY INFORMATION:

    The California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge over the Sacramento River, mile 59.0, at Sacramento, CA. The drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw operates as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational.

    The drawspan will be secured in the closed-to-navigation position from 8 a.m. through 11 a.m. on October 22, 2017, to allow the community to participate in the Walk Against Breast Cancer event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at any time. In the event of an emergency the draw can open on signal if at least one hour notice is given to the bridge operator. There are no immediate alternate routes for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: October 5, 2017. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District.
    [FR Doc. 2017-21924 Filed 10-10-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0801] RIN 1625-AA00 Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary interim rule; request for comments.

    SUMMARY:

    The Coast Guard is establishing an intermittent safety zone related to ongoing construction of South Carolina Highway 31 (SC-31) Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 372.3. The temporary safety zone will be set one day per week during overhead construction operations. The safety zone is needed to ensure the safety of persons, vessels, and the marine environment from potential hazards created by the bridge construction. Details for specific dates and times will be relayed via Sector Charleston Marine Safety Information Bulletin and Seventh District Local Notice Mariners. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this rulemaking.

    DATES:

    This rule is effective from October 11, 2017 until March 19, 2018. Comments and related materials must be received by the Coast Guard on or before November 13, 2017.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0801 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0801 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected].

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is needed to respond to the potential safety hazards associated with bridge construction operations that are scheduled to begin on October 16, 2017. The Coast Guard was initially notified of the need for a safety zone on August 8, 2017. Hurricane Irma impacted the timeline for commencement of the project and the Coast Guard received updated plans for the construction operations on September 18, 2017. Therefore, publishing an NPRM is impracticable and contrary to public interest.

    Under 5 U.S.C. 553(d)(3), and for the same reasons stated above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

    III. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Charleston has determined that potential hazards associated with the bridge construction starting October 16, 2017 will be a safety concern for anyone within a 200-yard radius of the bridge, vessels, and machinery. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the construction is in progress.

    V. Discussion of the Rule

    This rule establishes an intermittent safety zone related to construction of the South Carolina Highway 31 (SC-31) Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 372.3. The temporary safety zone will be set during overhead construction operations starting October 16, 2017 and ending March 19, 2018. The safety zone is scheduled to take place one day per week between 7 a.m. and 4 p.m. The safety zone is needed to ensure the safety of persons, vessels, and the marine environment from potential hazards created by the bridge construction. The safety zone will cover all navigable waters within 200 yards of the bridge, vessels, and machinery. No vessel or person will be permitted to enter, transit through, anchor in, or remain within the safety zone without first obtaining permission from the Captain of the Port Charleston or a designated representative. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    VI. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the following reasons: (1) Although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the enforcement period; and (2) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves an intermittent safety zone that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area surrounding the SC-31 Bridge on the Atlantic Intracoastal Water Way. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 0170.

    2. Add § 165.T07-0801 to read as follows:
    § 165.T07-0801 Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

    (a) Location. All waters of the Atlantic Intracoastal Waterway encompassed within a 200-yard radius of South Carolina Highway 31 (SC-31) Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 372.3, and vessels or machinery associated with the construction.

    (b) Definition. The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas.

    (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

    (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at (843) 740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative.

    (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

    (d) Enforcement period. This rule will be enforced one day per week from October 16, 2017 through March 19, 2018, during construction activities. Details for specific dates and times will be relayed via Sector Charleston Marine Safety Information Bulletin and Seventh District Local Notice to Mariners.

    Dated: October 3, 2017. John W. Reed, Captain, U.S. Coast Guard, Captain of the Port Charleston.
    [FR Doc. 2017-21868 Filed 10-10-17; 8:45 am] BILLING CODE 9110-04-P
    POSTAL SERVICE 39 CFR Part 266 Privacy of Information AGENCY:

    Postal ServiceTM.

    ACTION:

    Final rule.

    SUMMARY:

    The Postal Service is revising and restating its privacy regulations to implement numerous non-substantive editorial changes. These include renaming certain offices with privacy-related duties, modification of the roles of employees tasked with implementing aspects of the privacy regulations, and minor editorial changes to postal privacy policy to improve its consistency and clarity. These rules contain procedures by which individuals may request notification of and access to records about themselves, request amendments to those records, or request an accounting of disclosures of those records by the Postal Service.

    DATES:

    Effective October 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Natalie A. Bonanno, Chief Counsel, Federal Compliance, [email protected], 202-268-2944.

    SUPPLEMENTARY INFORMATION:

    As revised and restated, 39 CFR part 266 is designed to carry forward the substantive content of former §§ 266.1-266.10 in an updated, accessible format.

    266.1 Purpose and Scope

    The Postal Service has revised § 266.1 to align with the purpose and scope of the Privacy Act of 1974, which provides the authority for these regulations. (The Postal Service has deleted former § 266.2 Policy because it did not add any significant provisions, instructions, or guidance to these regulations, and has redesignated former §§ 266.3-266.10 as §§ 266.2-266.9, respectively.)

    266.2 Responsibility

    In revised § 266.2 and throughout these regulations, the Postal Service has updated office names to reflect its current administrative structure. Thus, “Records Office” has been changed to “Privacy and Records Management Office” to reflect the new name of this office. Similarly, “Custodian” has been changed to “Records Custodian” for clarity, and the “Information System Executive” has become the “Corporate Information Security Office” to reflect the new name and role of this functional organization.

    Similarly, in revised § 266.2 and throughout these regulations, the Postal Service has revised the titles of certain employees to reflect their new titles. Specifically, “Chief Privacy Officer” was changed to “Chief Privacy and Records Management Officer,” “Senior Vice President, Human Resources” was changed to “Chief Human Resources Officer and Executive Vice President” and “Vice President, General Counsel” was changed to “General Counsel and Executive Vice President.”

    266.3 Collection and Disclosure of Information About Individuals

    In revised § 266.3(b)(3), the Postal Service has defined the limited circumstances in which a mailing list may be disclosed. The Postal Service has also replaced the word “correction” with “amendment” in this section and throughout these regulations.

    266.4 Notification

    No substantive changes have been made to revised § 266.4. Minor editorial changes have been made to ensure clarity and consistency of format.

    266.5 Procedures for Requesting Notification, Inspection, Copying, or Amendment of Records

    In revised § 266.5(b)(2), the Postal Service has added a list of the acceptable identity verification methods that a requester may use to satisfy a records custodian as to the requester's identity before review or other access to a record containing personal information is granted. The Postal Service has also added a new paragraph 266.5(c) entitled Compliance with notification request to ensure custodians understand their responsibilities and requesters are aware of their rights in this regard.

    266.6 Appeal Procedure

    In revised § 266.6(a)(2), the Postal Service has extended the period in which a requester may file an appeal from 30 days to 90 days.

    266.7 Schedule of Fees; 266.8 Exemptions; and 266.9 Computer Matching

    No substantive changes have been made to revised §§ 266.7-266.9. Minor editorial changes have been made to ensure clarity and consistency of format.

    List of Subjects in 39 CFR Part 266

    Privacy.

    For the reasons stated in the preamble, the Postal Service amends 39 CFR chapter I by revising part 266 to read as follows: PART 266—PRIVACY OF INFORMATION Sec. 266.1 Purpose and scope. 266.2 Responsibility. 266.3 Collection and disclosure of information about individuals. 266.4 Notification. 266.5 Procedures for requesting inspection, copying, or amendment of records. 266.6 Appeal procedure. 266.7 Schedule of fees. 266.8 Exemptions. 266.9 Computer matching. Authority:

    5 U.S.C. 552a; 39 U.S.C. 401.

    § 266.1 Purpose and scope.

    This part contains the rules that the Postal Service follows under the Privacy Act of 1974, 5 U.S.C. 552a. These rules should be read together with the Privacy Act, which provides additional information about records maintained on individuals. The rules in this part apply to all records in systems of records maintained by the Postal Service that are retrieved by an individual's name or personal identifier. They describe the procedures by which individuals may request notification of or access to records about themselves, request amendment of those records, and request an accounting of disclosures of those records by the Postal Service. In addition, the Postal Service processes all Privacy Act requests for access to records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, following the rules contained in 39 CFR 265, as necessary, which provides the requester with the greatest access to his or her personal records.

    § 266.2 Responsibility.

    (a) Privacy and Records Management Office. The Privacy and Records Management Office will ensure Postal Service-wide compliance with this part.

    (b) Records Custodian. Records Custodians are responsible for adherence to this part within their respective units, and in particular for affording individuals their rights to inspect and obtain copies of records concerning them.

    (c) Corporate Information Security Office. This office is responsible for ensuring compliance with information security policies, including protection of information resources containing customer, employee, or other individuals' information; developing policy for safeguarding and disposing of electronic records (including emails) that are maintained in information systems (including those that are subject to legal holds); serving as the central contact for information security issues; preventing and engaging in some investigation of cybercrime and misuse of Postal Service information technology resources; and providing security consultation as requested.

    (d) Data Integrity Board—(1) Responsibilities. The Data Integrity Board oversees Postal Service computer matching activities. The Board's principal function is to review, approve, and maintain all written agreements for use of Postal Service records in matching programs to ensure compliance with the Privacy Act and all relevant statutes, regulations, and guidelines. In addition, the Board annually: Reviews matching programs and other matching activities in which the Postal Service has participated during the preceding year to determine compliance with applicable laws, regulations, and agreements; compiles a biennial matching report of matching activities; and performs review and advice functions relating to record accuracy, recordkeeping and disposal practices, and other computer matching activities.

    (2) Composition. The Privacy Act requires that the senior official responsible for implementation of agency Privacy Act policy and the Inspector General serve on the Board. The Chief Privacy and Records Management Officer, as administrator of Postal Service Privacy Act policy, serves as Secretary of the Board and performs the administrative functions of the Board. The Board is composed of these and other members designated by the Postmaster General, as follows:

    (i) General Counsel and Executive Vice President (Chairman).

    (ii) Chief Postal Inspector.

    (iii) Inspector General.

    (iv) Chief Human Resources Officer and Executive Vice President.

    (v) Chief Privacy and Records Management Officer.

    § 266.3 Collection and disclosure of information about individuals.

    (a) This section governs the collection of information about individuals, as defined in the Privacy Act of 1974, throughout Postal Service operations;

    (1) The Postal Service will:

    (i) Collect, solicit and maintain only such information about an individual as is relevant and necessary to accomplish a purpose authorized by statute or Executive Order.

    (ii) Collect information, to the greatest extent practicable, directly from the subject individual when such information may result in adverse determinations about an individual's rights, benefits, or privileges.

    (iii) Inform any individuals who have been asked to furnish information about themselves, whether that disclosure is mandatory or voluntary, by what authority it is being solicited, the principal purposes for which it is intended to be used, the routine uses which may be made of it, and any consequences for the individual, which are known to the Postal Service, which will result from refusal to furnish it.

    (2) The Postal Service will not disfavor any individual who fails or refuses to provide personal information unless that information is required or necessary for the conduct of the system or program in which the individual desires to participate.

    (3) No information will be collected (or maintained) describing how an individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the information is maintained or unless pertinent to and within the scope of an authorized law enforcement activity.

    (4) The Postal Service will not require an individual to furnish a Social Security number or deny a right, privilege or benefit because of that individual's refusal to furnish the number unless required by Federal law.

    (b) Disclosures—(1) Limitations. The Postal Service will not disseminate information about an individual unless reasonable efforts have been made to assure that the information is accurate, complete, timely and relevant to the extent provided by the Privacy Act and unless:

    (i) The individual to whom the record pertains has requested in writing that the information be disseminated, unless the individual would not be entitled to access to the record under the Postal Reorganization Act, the Privacy Act, or other law;

    (ii) The requester has obtained the prior written consent of the individual to whom the record pertains, unless the individual would not be entitled to access to the record under the Postal Reorganization Act, the Privacy Act, or other law; or

    (iii) The dissemination is in accordance with paragraph (b)(2) of this section.

    (2) Dissemination. Dissemination of personal information may be made:

    (i) To a person pursuant to a requirement of the Freedom of Information Act (5 U.S.C. 552);

    (ii) To those officers and employees of the Postal Service or employees of a Postal Service contractor who have a need for such information in the performance of their Postal Service duties;

    (iii) For a routine use as contained in the system notices published in the Federal Register;

    (iv) To a recipient who has provided advance adequate written assurance that the information will be used solely as a statistical reporting or research record, and to whom the information is transferred in a form that is not individually identifiable;

    (v) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the U.S. Code;

    (vi) To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Archivist of the United States or an authorized designee to determine whether the record has such value;

    (vii) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual, if upon such disclosure notification is transmitted to the last known address of such individual;

    (viii) To a Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if such activity is authorized by law and if the head of the agency or instrumentality has made a written request to the Postal Service specifying the particular portion of the record desired and the law enforcement activity for which the record is sought;

    (ix) To either House of Congress or its committees or subcommittees to the extent of matter within their jurisdiction;

    (x) To the Comptroller General or any of that officer's authorized representatives in the course of the performance of the duties of the Government Accountability Office; or

    (xi) Pursuant to the order of a court of competent jurisdiction.

    (3) Under 39 U.S.C. 412(a), the Postal Service may make a mailing or other list of names and addresses of past or present postal patrons or other persons available to the public only to the extent that such action is authorized by law. Consistent with this provision, the Postal Service may make such a list available as follows:

    (i) In accordance with 39 U.S.C. 412(b), to the Secretary of Commerce for use by the Bureau of the Census;

    (ii) As required by the terms of a legally enforceable contract entered into by the Postal Service under its authority contained in 39 U.S.C. 401(3) and when subject to a valid non-disclosure agreement;

    (iii) As required by the terms of a legally enforceable interagency agreement entered into by the Postal Service under its authority contained in 39 U.S.C. 411 and when subject to a valid non-disclosure agreement;

    (iv) In accordance with 5 U.S.C. 552a(b), the Postal Service may disclose a list of names and addresses of individuals pursuant to a written request by, or with the prior written consent of, each individual whose name and address is contained in such list, provided that such names and addresses are derived from records maintained by the Postal Service in a system of records as defined by 5 U.S.C. 552a(a); or

    (v) As otherwise expressly authorized by federal law.

    (4) Employee credit references. A credit bureau or other commercial firm from which a current or former postal employee is seeking credit may be given the following past or present information upon request: Grade, duty station, dates of employment, job title, and salary. If additional information is desired, the requester must submit the written consent of the employee and an accounting of the disclosure must be kept.

    (5) Employee job references. Upon request, prospective employers of a current or former postal employee may be furnished with the information in paragraph (b)(4) of this section, in addition to the date and the reason for separation, if applicable. The reason for separation must be limited to one of the following terms: Retired, resigned, or separated. Other terms or variations of these terms (e.g., retired-disability) may not be used. If additional information is desired, the requester must submit the written consent of the employee, and an accounting of the disclosure must be kept.

    (6) Computer matching purposes. Records from a Postal Service system of records may be disclosed to another agency for the purpose of conducting a computer matching program or other matching activity as defined in § 262.5(c) and (d), but only after a determination by the Data Integrity Board that the procedural requirements of the Privacy Act, the guidelines issued by the Office of Management and Budget, and these regulations as may be applicable are met. These requirements include:

    (i) Routine use. Disclosure is made only when permitted as a routine use of the system of records. The Chief Privacy and Records Management Officer determines the applicability of a particular routine use and the necessity for adoption of a new routine use.

    (ii) Computer matching agreement. The participants in a computer matching program must enter into a written agreement specifying the terms under which the matching program is to be conducted (see § 266.9). The Privacy and Records Management Office may require that other matching activities be conducted in accordance with a written agreement.

    (iii) Data Integrity Board approval. No record from a Postal Service system of records may be disclosed for use in a computer matching program unless the matching agreement has received approval by the Postal Service Data Integrity Board (see § 266.9). Other matching activities may, at the discretion of the Privacy and Records Management Office, be submitted for Board approval.

    (c) Amendment or dispute disclosure. If a personal record contains any amendments or notations of dispute relating to the accuracy, timeliness or relevance of the record, any person or other agency to which the record has been or is to be disclosed must be informed of the amendments or notations within 30 days of the modification.

    (d) Recording of disclosure. (1) An accurate accounting of each disclosure will be kept in all instances except those in which disclosure is made to the subject of the record, to Postal Service employees or employees of Postal Service contractors in the performance of their Postal Service duties, when the record is publicly available, or as required by the Freedom of Information Act (5 U.S.C. 552).

    (2) The accounting will be maintained for at least 5 years or the life of the record, whichever is longer.

    (3) The accounting will be made available to the individual named in the record upon inquiry, except for disclosures made pursuant to paragraph (b)(2)(viii) of this section relating to law enforcement activities.

    § 266.4 Notification.

    (a) Notification of systems. Upon written request, the Postal Service will notify any individual whether a specific system named by the individual contains a record pertaining to that individual, unless exempt from notification under the Privacy Act or other law. See § 266.5 for the suggested form of a request.

    (b) Notification of disclosure. The Postal Service will make reasonable efforts to serve notice on an individual before any personal information on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record.

    (c) Notification of amendment. See § 266.5(c)(1) relating to amendment of records upon request.

    (d) Notification of new use. Any new intended use of personal information maintained by the Postal Service will be published in the Federal Register 30 days before such use becomes operational. Public views may then be submitted to the Privacy and Records Management Office.

    (e) Notification of exemptions. The Postal Service will publish in the Federal Register its intent to exempt any system of records and will specify the nature and purpose of that system.

    (f) Notification of computer matching program. The Postal Service publishes in the Federal Register and forwards to Congress and to the Office of Management and Budget (OMB) advance notice of its intent to establish, substantially revise, or renew a matching program, unless such notice is published by another participant agency. In those instances in which the Postal Service is the “recipient” agency, as defined in the Act, but another participant agency sponsors and derives the principal benefit from the matching program, the other agency is expected to publish the notice. The notice must be sent to Congress and OMB, and published at least 30 days prior to:

    (1) The initiation of any matching activity under a new or substantially revised program; or

    (2) The expiration of the existing matching agreement in the case of a renewal of a continuing program.

    § 266.5 Procedures for requesting notification, inspection, copying, or amendment of records.

    The purpose of this section is to provide procedures by which an individual may request notification of, access to, or amendment of personal information within a Privacy Act System of Records.

    (a) Submission of requests—(1) Manner of submission. Inquiries regarding the contents of records systems or access or amendment to personal information should be submitted in writing in accordance with the procedures described in the applicable system of records notice, or to the Privacy and Records Management Office, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1101. Requests to the U.S. Postal Inspection Service should be submitted to the Chief Postal Inspector, U.S. Postal Inspection Service, 475 L'Enfant Plaza SW., Washington, DC 20260. Requests to the Office of Inspector General should be submitted to the Freedom of Information Act/Privacy Officer, U.S. Postal Service Office of Inspector General, 1735 North Lynn Street, Arlington, VA 22209-2020. Inquiries should be clearly marked, “Privacy Act Request.” Any inquiry concerning a specific system of records should include the information contained under “Notification Procedure” for that system as published in the Federal Register or within USPS Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management, Appendix. If the information supplied is insufficient to locate or identify the record, if any, the requester will be notified promptly and, if possible, informed of additional information required. Amendment requests that contest the relevance, accuracy, timeliness or completeness of the record should include a statement of the amendment requested.

    (2) Period for response by custodian. Upon receipt of an inquiry, the custodian will respond with an acknowledgement of receipt within 10 days.

    (b) Compliance with request for access—(1) Notification to requester. When a requested record has been identified and is to be made available to the requester for inspection and copying, the custodian must ensure that the record is made available promptly and must immediately notify the requester where and when the record will be available for inspection and copying. Postal Service records will normally be available for inspection and copying during regular business hours at the postal facilities at which they are maintained. The custodian may, however, designate other reasonable locations and times for inspection and copying of some or all of the records that are in the custodian's possession. If the requested record has been identified and a copy is to be provided to the requester, the copy must be promptly provided.

    (2) Identification of requester. The requester must present identification sufficient to satisfy the custodian as to the requester's identity prior to record review or other access. As appropriate under the circumstances of the access request, the requester may be required to comply with one of the following identification verification methods:

    (i) Provision of a completed Certification of Identity if the records pertain to the requester available at http://about.usps.com/who-we-are/foia/welcome.htm;

    (ii) Provision of official photo identification if the records pertain to the requester, examples of which are a valid driver's license, unexpired passport, and unexpired federal government-issued employee identification card; or

    (iii) Provision of a completed Privacy Waiver if the records pertain to another individual available at http://about.usps.com/who-we-are/foia/welcome.htm.

    (3) Responsibilities of requester. The requester assumes the following responsibilities regarding the review of official personal records:

    (i) The requester must agree not to leave Postal Service premises with official records unless specifically given a copy for that purpose by the custodian or the custodian's representative.

    (ii) At the conclusion of the inspection, the requester must sign a statement indicating the requester has reviewed specific records or categories of records. If the requester indicates at the beginning of the inspection that he or she will not sign the statement, records may still be reviewed, and the time and date of review will be noted in the file.

    (iii) The requester may be accompanied by a person of the requester's choice to aid in the inspection of information and, if applicable, the manual recording or copying of the records if the requester submits a signed statement authorizing the person to do so, and discussion of the records in the accompanying person's presence.

    (4) Special restrictions for medical and psychological records. A medical or psychological record must be disclosed to the requester to whom it pertains unless, in the judgment of the medical officer, access to such record could have an adverse effect upon such individual. When the medical officer determines that the disclosure of medical information could have an adverse effect upon the individual to whom it pertains, the medical officer will transmit such information to a medical doctor named by the requesting individual. In such cases, an accounting of the disclosure must be kept.

    (5) Limitations on access. Nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. Other limitations on access are specifically addressed in paragraph (b)(4) of this section and § 266.8.

    (6) Response when compliance is not possible. A reply denying a written request to review or otherwise access a record must be in writing, signed by the custodian or other appropriate official and must be made only if such a record does not exist or does not contain personal information relating to the requester, or is exempt from disclosure. This reply must include a statement regarding the determining factors of denial, and the right to appeal the denial to the General Counsel.

    (c) Compliance with notification request. The custodian must promptly notify a requester if a record has been located in response to a request for notification as to whether a specific system of records contains a record pertaining to the requester, unless exempt from notification.

    (d) Compliance with request for amendment. The custodian must:

    (1) Correct or eliminate any information that is found to be incomplete, inaccurate, not relevant to a statutory purpose of the Postal Service, or not timely, and notify the requester when this action is complete; or

    (2) Not later than 30 working days after receipt of a request to amend, notify the requester of a determination not to amend, the reason for the refusal, and of the requester's right to appeal, or to submit, in lieu of an appeal, a statement of reasonable length setting forth a position regarding the disputed information to be attached to the contested personal record.

    (e) Availability of assistance in exercising rights. The Privacy and Records Management Office is available to provide an individual with assistance in exercising rights pursuant to this part.

    § 266.6 Appeal procedure.

    (a) Appeal procedure. (1) If a request for notification of or to inspect, copy, or amend a record is denied, in whole or in part, or if no determination is made within the period prescribed by this part, the requester may appeal to the General Counsel, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1101.

    (2) The requester must submit an appeal in writing within 90 days of the date of denial, or within 90 days of such request if the appeal is from a failure of the custodian to make a determination. The letter of appeal should include, as applicable:

    (i) Reasonable identification of the record to which the requester sought notification, access, or amendment;

    (ii) A statement of the Postal Service action or failure to act, and of the relief sought; and

    (iii) A copy of the request, of the notification of denial, and of any other related correspondence, if any.

    (3) Any record found on appeal to be incomplete, inaccurate, not relevant, or not timely, must be appropriately amended within 30 working days of the date of such findings.

    (4) The decision of the General Counsel constitutes the final decision of the Postal Service on the right of the requester to be notified of; inspect, copy, or otherwise have access to; or change or update a record. The decision on the appeal must be in writing and, in the event of a denial, must set forth the reasons for such denial and state the individual's right to obtain judicial review in a district court. An indexed file of decisions on appeals must be maintained by the General Counsel.

    (b) Submission of statement of disagreement. If the final decision concerning a request for the amendment of a record does not satisfy the requester, any statement of reasonable length provided by that individual setting forth a position regarding the disputed information will be accepted and attached to the relevant personal record.

    § 266.7 Schedule of fees.

    (a) Policy. The purpose of this section is to establish fair and equitable fees to permit duplication of records for subject individuals (or authorized representatives) while recovering the full allowable direct costs incurred by the Postal Service.

    (b) Duplication. (1) For duplicating any paper or micrographic record or publication or computer report, the fee is $.15 per page, except that the first 100 pages furnished in response to a particular request must be furnished without charge. See paragraph (c) of this section for fee limitations.

    (2) The Postal Service may at its discretion make user-paid copy machines available at any location. In that event, requesters will be given the opportunity to make copies at their own expense.

    (3) The Postal Service normally will not furnish more than one copy of any record. If duplicate copies are furnished at the request of the requester; a fee of $0.15 per page is charged for each copy of each duplicate page without regard to whether the requester is eligible for free copies pursuant to § 266.7(b)(1).

    (c) Limitations. No fee will be charged to an individual for the process of retrieving, reviewing, or amending a record pertaining to that individual.

    (d) Reimbursement. The Postal Service may, at its discretion, require reimbursement of its costs as a condition of participation in a computer matching program or activity with another agency. The agency to be charged is notified in writing of the approximate costs before they are incurred. Costs are calculated in accordance with the schedule of fees set forth at § 265.9.

    § 266.8 Exemptions.

    (a) The Postal Reorganization Act, 39 U.S.C. 410(c), provides that certain categories of information are exempt from disclosure under the Privacy Act. In addition, the Privacy Act, 5 U.S.C. 552a(j) and (k), authorizes the Postmaster General to exempt systems of records meeting certain criteria from various other subsections of 5 U.S.C. 552a. With respect to systems of records so exempted, nothing in this part shall require compliance with provisions hereof implementing any subsections of 5 U.S.C. 552a from which those systems have been exempted.

    (b) Paragraph (b)(1) of this section summarizes the provisions of 5 U.S.C. 552a for which exemption is claimed for some systems of records pursuant to, and to the extent permitted by, 5 U.S.C. 552a(j) and (k). Paragraphs (b)(2) through (5) of this section identify the exempted systems of records, the exemptions applied to each, and the reasons for the exemptions:

    (1) Explanation of provisions of 5 U.S.C. 552a for which an exemption is claimed in the systems discussed in this section. (i) Subsection (c)(3) of 5 U.S.C. 552a requires an agency to make available to the individual named in the records an accounting of each disclosure of records at the individual's request.

    (ii) Subsection (c)(4) requires an agency to inform any person or other agency to which a record has been disclosed of any correction or notation of dispute the agency has made to the record in accordance with 5 U.S.C. 552a(d).

    (iii) Subsections (d)(1) through (4) require an agency to permit an individual to gain access to records about the individual, to request amendment of such records, to request a review of an agency decision not to amend such records, and to provide a statement of disagreement about a disputed record to be filed and disclosed with the disputed record.

    (iv) Subsection (e)(1) requires an agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish a purpose required by statute or executive order of the President.

    (v) Subsection (e)(2) requires an agency to collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs.

    (vi) Subsection (e)(3) requires an agency to inform each person whom it asks to supply information of the authority under which the information is sought, the purposes for which the information will be used, the routine uses that may be made of the information, whether disclosure is mandatory or voluntary, and the effects of not providing the information.

    (vii) Subsections (e)(4)(G) and (H) requires an agency to publish a Federal Register notice of its procedures whereby an individual can be notified upon request whether the system of records contains information about the individual, how to gain access to any record about the individual contained in the system, and how to contest its content.

    (viii) Subsection (e)(5) requires an agency to maintain its records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in making any determination about the individual.

    (ix) Subsection (e)(8) requires an agency to make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record.

    (x) Subsection (f) requires an agency to establish procedures whereby an individual can be notified upon request if any system of records named by the individual contains a record pertaining to the individual, obtain access to the record, and request amendment.

    (xi) Subsection (g) provides for civil remedies if an agency fails to comply with the access and amendment provisions of subsections (d)(1) and (3), and with other provisions of 5 U.S.C. 552a, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

    (xii) Subsection (m) requires an agency to apply the requirements of 5 U.S.C. 552a to a contractor operating a system of records to accomplish an agency function.

    (2) Pursuant to 5 U.S.C. 552a(j)(2), Postal Service record systems; Inspection Service Investigative File System, USPS 700.000; Mail Cover Program Records, USPS 700.100; Inspector General Investigative Records, USPS 700.300 are exempt from subsections 552a (c)(3), (c)(4), (d)(1)-(4), (e)(1)-(3), (e)(4)(G) and (H), (e)(5), (e)(8), (f), (g), and (m) because the systems contain information pertaining to the enforcement of criminal laws. The reasons for exemption follow:

    (i) Disclosure to the record subject pursuant to subsections (c)(3), (c)(4), or (d)(1)-(4) could:

    (A) Alert subjects that they are targets of an investigation or mail cover by the Postal Inspection Service or an investigation by the Office of Inspector General;

    (B) Alert subjects of the nature and scope of the investigation and of evidence obtained;

    (C) Enable the subject of an investigation to avoid detection or apprehension;

    (D) Subject confidential sources, witnesses, and law enforcement personnel to harassment or intimidation if their identities were released to the target of an investigation;

    (E) Constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation;

    (F) Intimidate potential witnesses and make them reluctant to offer information;

    (G) Lead to the improper influencing of witnesses, the destruction or alteration of evidence yet to be discovered, the fabrication of testimony, or the compromising of classified material; or

    (H) Seriously impede or compromise law enforcement, mail cover, or background investigations that might involve law enforcement aspects as a result of the above.

    (ii) Application of subsections (e)(1) and (5) is impractical because the relevance, necessity, or correctness of specific information might be established only after considerable analysis and as the investigation progresses. As to relevance (subsection (e)(1)), effective law enforcement requires the keeping of information not relevant to a specific Postal Inspection Service investigation or Office of Inspector General investigation. Such information may be kept to provide leads for appropriate law enforcement and to establish patterns of activity that might relate to the jurisdiction of the Office of Inspector General, Postal Inspection Service, and other agencies. As to accuracy (subsection (e)(5)), the correctness of records sometimes can be established only in a court of law.

    (iii) Application of subsections (e)(2) and (3) would require collection of information directly from the subject of a potential or ongoing investigation. The subject would be put on alert that he or she is a target of an investigation by the Office of Inspector General, or an investigation or mail cover by the Postal Inspection Service, enabling avoidance of detection or apprehension, thereby seriously compromising law enforcement, mail cover, or background investigations involving law enforcement aspects. Moreover, in certain circumstances the subject of an investigation is not required to provide information to investigators, and information must be collected from other sources.

    (iv) The requirements of subsections (e)(4)(G) and (H), and (f) do not apply because these systems are exempt from the provisions of subsection (d). Nevertheless, the Postal Service has published notice of its notification, access, and contest procedures because access is appropriate in some cases.

    (v) Application of subsection (e)(8) could prematurely reveal an ongoing criminal investigation to the subject of the investigation.

    (vi) The provisions of subsection (g) do not apply because exemption from the provisions of subsection (d) renders the provisions on suits to enforce subsection (d) inapplicable.

    (vii) If one of these systems of records is operated in whole or in part by a contractor, the exemptions claimed herein will remain applicable to it (subsection (m)).

    (3) Pursuant to 5 U.S.C. 552a(k)(2), Postal Service record systems Labor Relations Records, USPS 200.000; Employee Inquiry, Complaint and Investigative Records, USPS 100.900; Inspection Service Investigative File System, USPS 700.000; Mail Cover Program Records, USPS 700.100; Inspector General Investigative Records, USPS 700.300; and Financial Transactions, USPS 860.000, are exempt from certain subsections of 5 U.S.C. 552a because the systems contain investigatory material compiled for law enforcement purposes other than material within the scope of subsection 552a(j)(2).

    (i) Inspection Service Investigative File System, USPS 700.000; Mail Cover Program Records, USPS 700.100; and Inspector General Investigative Records, USPS 700.300, are exempt from subsections 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4) (G) and (H), and (f) for the same reasons as stated in paragraph (b)(2) of this section.

    (ii) Labor Relations Records, USPS 200.000, is exempt from subsections 552a(d)(1)-(4), (e)(4)(G) and (H), and (f) for the following reasons:

    (A) Application of the requirements at subsections (d)(1)-(4) would cause disruption of the enforcement of the laws relating to equal employment opportunity (EEO). It is essential to the integrity of the EEO complaint system that information collected in the investigative process not be prematurely disclosed.

    (B) The requirements of subsections (e)(4)(G) and (H), and (f) do not apply for the same reasons described in paragraph (b)(2)(iv) of this section.

    (iii) Financial Transactions, USPS 860.000, is exempt from subsections 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4)(G) and (H), and (f) for the following reasons:

    (A) Disclosure of the record subject pursuant to subsections (c)(3) and (d)(1)-(4) would violate the non-notification provision of the Bank Secrecy Act, 31 U.S.C. 5318(g)(2), under which the Postal Service is prohibited from notifying a transaction participant that a suspicious transaction report has been made. In addition, the access provisions of subsections (c)(3) and (d)(1)-(4) would alert individuals that they have been identified as suspects or possible subjects of investigation and thus seriously hinder the law enforcement purposes underlying the suspicious transaction reports.

    (B) This system is in compliance with subsection (e)(1) because maintenance of the records is required by law. Strict application of the relevance and necessity requirements of subsection (e)(1) to suspicious transactions would be impractical, however, because the relevance or necessity of specific information can often be established only after considerable analysis and as an investigation progresses.

    (C) The requirements of subsections (e)(4)(G) and (H) and (f) do not apply because this system is exempt from the provisions of subsection (d). Nevertheless, the Postal Service has published notice of its notification, access, and contest procedures because access is appropriate in some cases.

    (4) Pursuant to 5 U.S.C. 552a(k)(5), Postal Service record systems Recruiting, Examining, and Placement Records, USPS 100.100; Inspection Service Investigative File System, USPS 700.000; and Inspector General Investigative Records, USPS 700.300 are exempt from certain subsections of 5 U.S.C. 552a because the systems contain investigatory material compiled for the purpose of determining suitability, eligibility, or qualifications for employment, contracts, or access to classified information.

    (i) Recruiting, Examining, and Placement Records, USPS 100.100, is exempt from subsections 552a(d)(1)(4) and (e)(1) for the following reasons:

    (A) During its investigation and evaluation of an applicant for a position, the Postal Service contacts individuals who, without an assurance of anonymity, would refuse to provide information concerning the subject of the investigation. If a record subject were given access pursuant to subsection (d)(1)-(4), the promised confidentiality would be breached and the confidential source would be identified. The result would be restriction of the free flow of information vital to a determination of an individual's qualifications and suitability for appointment to or continued occupancy of his or her position.

    (B) In collecting information for investigative and evaluative purposes, it is impossible to determine in advance what information might be of assistance in determining the qualifications and suitability of an individual for appointment. Information that seems irrelevant, when linked with other information, can sometimes provide a composite picture of an individual that assists in determining whether that individual should be appointed to or retained in a position. For this reason, exemption from subsection (e)(1) is claimed.

    (C) The requirements of subsections (e)(4)(G) and (H), and (f) do not apply because this system is exempt from the provisions of subsection (d). Nevertheless, the Postal Service has published notice of its notification, access, and contest procedures because access is appropriate in some cases.

    (ii) Inspection Service Investigative File System, USPS 700.000; and Inspector General Investigative Records, USPS 700.300, are exempt from subsections 552a(c)(3), (d)(1)-(4), (e)(1), (e)(4) (G) and (H), and (f) for the same reasons as stated in paragraph (b)(2) of this section.

    (5) Pursuant to 5 U.S.C. 552a(k)(6), Postal Service record systems Employee Development and Training Records, USPS 100.300; Personnel Research Records, 100.600; and Emergency Management Records, USPS 500.300 are exempt from subsections 552a(d)(1)-(4), (e)(4)(G) and (H), and (f) because the systems contain testing or examination material the disclosure of which would compromise the objectivity or fairness of the material. The reasons for exemption follow:

    (i) These systems contain questions and answers to standard testing materials, the disclosure of which would compromise the fairness of the future use of these materials. It is not feasible to develop entirely new examinations after each administration as would be necessary if questions or answers were available for inspection and copying. Consequently, exemption from subsection (d) is claimed.

    (ii) The requirements of subsections (e)(4)(G) and (H), and (f) do not apply because these systems are exempt from the provisions of subsection (d). Nevertheless, the Postal Service has published notice of its notification, access, and contest procedures because access is appropriate in some cases.

    § 266.9 Computer matching.

    (a) General. Any agency or Postal Service component that wishes to use records from a Postal Service automated system of records in a computerized comparison with other postal or non-postal records must submit its proposal to the Postal Service Privacy and Records Management Office. Computer matching programs as defined in § 262.5(c) must be conducted in accordance with the Privacy Act, as amended by the Computer Matching and Privacy Protection Act of 1988. Records may not be exchanged for a matching program until all procedural requirements of the Act and these regulations have been met. Other matching activities must be conducted in accordance with the Privacy Act and with the approval of the Privacy and Records Management Office. See § 266.3(b)(6).

    (b) Procedure for submission of matching proposals. A proposal must include information required for the matching agreement discussed in paragraph (d)(1) of this section. The Inspection Service must submit its proposals for matching programs and other matching activities to the Privacy and Records Management Office through: Counsel, Inspection Service, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260. All other matching proposals, whether from postal organizations or other government agencies, must be mailed directly to: Privacy and Records Management Office, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1101.

    (c) Lead time. Proposals must be submitted to the Postal Service Privacy and Records Management Office at least three months in advance of the anticipated starting date to allow time to meet Privacy Act publication and review requirements.

    (d) Matching agreements. The participants in a computer matching program must enter into a written agreement specifying the terms under which the matching program is to be conducted. The Privacy and Records Management Office may require similar written agreements for other matching activities.

    (1) Content. Agreements must specify:

    (i) The purpose and legal authority for conducting the matching program;

    (ii) The justification for the program and the anticipated results, including, when appropriate, a specific estimate of any savings in terms of expected costs and benefits, in sufficient detail for the Data Integrity Board to make an informed decision;

    (iii) A description of the records that are to be matched, including the data elements to be used, the number of records, and the approximate dates of the matching program;

    (iv) Procedures for providing notice to individuals who supply information that the information may be subject to verification through computer matching programs;

    (v) Procedures for verifying information produced in a matching program and for providing individuals an opportunity to contest the findings in accordance with the requirement that an agency may not take adverse action against an individual as a result of information produced by a matching program until the agency has independently verified the information and provided the individual with due process;

    (vi) Procedures for ensuring the administrative, technical, and physical security of the records matched; for the retention and timely destruction of records created by the matching program; and for the use and return or destruction of records used in the program;

    (vii) Prohibitions concerning duplication and redisclosure of records exchanged, except where required by law or essential to the conduct of the matching program;

    (viii) Assessments of the accuracy of the records to be used in the matching program; and

    (ix) A statement that the Comptroller General may have access to all records of the participant agencies in order to monitor compliance with the agreement.

    (2) Approval. Before the Postal Service may participate in a computer matching program or other computer matching activity that involves both USPS and non-USPS records, the Data Integrity Board must have evaluated the proposed match and unanimously approved the terms of the matching agreement. Agreements are executed by the Chairman of the Board. If a matching agreement is disapproved by the Board, any party may appeal the disapproval in writing to the Director, Office of Management and Budget, Washington, DC 20503, within 30 days following the Board's written disapproval.

    (3) Effective dates. The agreement will become effective in accordance with the date in the matching agreement and as provided to Congress and the Office of Management and Budget and published in the Federal Register. The agreement remains in effect only as long as necessary to accomplish the specific matching purpose, but no longer than 18 months, at which time the agreement expires unless extended. The Data Integrity Board may extend an agreement for one additional year, without further review, if within three months prior to expiration of the 18-month period it finds that the matching program is to be conducted without change, and each party to the agreement certifies that the program has been conducted in compliance with the matching agreement. Renewal of a continuing matching program that has run for the full 30-month period requires a new agreement that has received Data Integrity Board approval.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2017-21850 Filed 10-10-17; 8:45 am] BILLING CODE 7710-12-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0333, FRL- 9968-98—Region 10] Approval and Promulgation of Implementation Plans; Oregon: Permitting and General Rule Revisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving, and incorporating by reference, changes to Oregon's State Implementation Plan (SIP) submitted on April 22, 2015. The changes relate to the criteria pollutants for which the EPA has established national ambient air quality standards—carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. Specifically, the changes account for new federal requirements for fine particulate matter, update the major and minor source pre-construction permitting programs, and add state-level air quality designations. The changes also address public notice procedures for informational meetings, and tighten emission standards for dust and smoke. In addition, Oregon reorganized rules in the SIP by consolidating definitions, removing duplicate provisions, correcting errors, and removing outdated provisions.

    DATES:

    This final rule is effective November 13, 2017.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0333. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at the EPA Region 10 Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Kristin Hall, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency—Region 10, 1200 Sixth Ave., Seattle, WA 98101; telephone number: (206) 553-6357; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document wherever “we,” “us,” or “our” is used, it is intended to refer to the EPA.

    Table of Contents I. Background II. Response to Comment III. Final Action IV. Incorporation by Reference V. Oregon Notice Provision VI. Statutory and Executive Orders Review I. Background

    On April 22, 2015, the Oregon Department of Environmental Quality (ODEQ) submitted revisions to 26 Oregon Administrative Rule (OAR) divisions within Chapter 340, and two source sampling and monitoring manuals related to the rules. These changes were effective on April 16, 2015, as a matter of state law. On March 22, 2017, the EPA proposed to approve the submitted rule changes (82 FR 14654). Please see our proposed rulemaking for further explanation and the basis of our finding. We note that on April 20, 2017, we received a request from the public for additional time to review the submitted changes and our proposed action. In response to the request, we reopened the comment period on May 30, 2017 for an additional 30 days, closing on June 29, 2017 (82 FR 24621). We received the following comments.

    II. Response to Comment

    Comment 1: A commenter asserted that certain public participation requirements in Division 209 of Oregon's air quality rules are vaguely worded, and as a result, could be hard to implement. The commenter gave only one specific example, pointing to a phrase in OAR 340-209-0030 Public Notice Categories and Timing: “[t]he Department will schedule a hearing to allow interested persons to submit oral or written comments if the Department determines that a hearing is necessary.” The commenter said the meaning of “necessary” is unclear and that the rule should be more specific—listing what factors will be evaluated to judge whether a hearing is, or is not, necessary.

    Response 1: Federal rules require states to inform the public about plans to permit stationary sources of air pollutants. These federal requirements vary, based on the size of the source, where it's located, and the type of permit, among other things. Oregon's public participation rules in Division 209 group permit actions into four categories, assigning different levels of public participation to the categories. We first approved this approach to public involvement into the Oregon SIP on January 22, 2003 (68 FR 2891). In that action, we found that Oregon's rules were consistent with federal public process requirements for SIP permitting actions. See 68 FR 2891, at page 2894. Since 2003, Oregon has made minor changes to Division 209. On March 22, 2017, we proposed to approve the most recent version of Division 209 as meeting the public process requirements for new source review SIP permitting actions. See 82 FR 14654, at page 14658.

    With respect to the commenter's concern that some aspects of Oregon's public comment procedures may be too vague to implement, the commenter cited to only one specific example: That OAR 340-209-0030 does not provide criteria for determining when a public hearing is “necessary.” We note, however, that Oregon's rules, in addition to requiring a public comment period, specifically require that a public hearing be held for all major new source review SIP permitting in attainment and unclassifiable areas (prevention of significant deterioration (PSD)). See OAR 209-0030(d)(C). For other new source review SIP permit actions, in addition to providing for a public comment period, Oregon's rules require a public hearing if 10 members of the public request a hearing, or an organization representing at least 10 people requests a hearing. See OAR 340-209-0030(c)(B). The provision that is of concern to the commenter provides additional discretionary authority for the ODEQ to conduct a public hearing whenever it considers such a process to be necessary. The absence of additional detail in this provision does not provide grounds for the EPA to change its proposed approval.

    We continue to believe that Oregon's public participation rules meet federal requirements for new source review SIP permitting actions and we are therefore finalizing our action.

    Comment 2: A commenter stated that, as a member of the construction industry for 48 years, the commenter has experienced the EPA to be a burden on the middle income taxpayer. The commenter asserted that the extra cost of regulation hurts builders and the working middle class, in part because the EPA refuses to work with builders, who must deal with environmental regulations, and who then pass on the extra cost of those regulations.

    Response 2: The commenter's concerns are broad in nature and do not identify any specific requirements the commenter contends are inconsistent with CAA requirements. In approving SIPs under section 110 of the CAA, Congress gave states the lead in developing plans to implement, maintain, and enforce the national ambient air quality standards (NAAQS)—standards designed to protect public health and welfare from air pollution. In reviewing state plans, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. See 42 U.S.C. 7410(k) and 40 CFR 52.02(a). In this case, Oregon submitted permitting and general air quality rules to the EPA and requested that the EPA approve the rules into the Oregon SIP. Our action on the April 22, 2015 Oregon submission, with which the commenter takes issue, approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. Therefore, we are finalizing our action.

    III. Final Action

    We are approving, and incorporating by reference, specific rule revisions submitted by Oregon on April 22, 2015. As documented in the submission, we are approving certain of the state rule revisions to also apply in Lane County, because the Oregon Environmental Quality Commission has determined those rules to be more stringent than the corresponding local rules. We are also approving, but not incorporating by reference, specific provisions that provide the ODEQ with authority needed for SIP approval, but that may conflict with the EPA's independent authorities. We note that we are deferring action on our proposed approval of changes to Oregon excess emissions and emergency provisions, OAR 340-214-0300 through 0360, to be addressed in a separate, future action.

    Lastly, we are removing repealed rules from Oregon's federally-approved SIP, as requested by the state, because they are obsolete or redundant. We are not taking action on certain rules that are inconsistent with CAA requirements or that are inappropriate for SIP approval because they are not related to the criteria pollutants regulated under title I of the CAA, not essential for meeting and maintaining the NAAQS, or not related to the requirements for SIPs under section 110 of the CAA.

    A. Rules Approved and Incorporated by Reference

    We are approving into the Oregon SIP, and incorporating by reference at 40 CFR part 52, subpart MM, the submitted revisions to Chapter 340 of the OAR listed below, state effective April 16, 2015:

    • Division 200—General Air Pollution Procedures and Definitions (0010, 0020, 0025, 0030, 0035);

    • Division 202—Ambient Air Quality Standards and PSD Increments (0010, 0020, 0050, 0070, 0100, 0130, 0200, 0210, 0220, 0225);

    • Division 204—Designation of Air Quality Areas (0010, 0020, 0030, 0040, 0050, 0060, 0070, 0080, 0090, 0300, 0310, 0320);

    • Division 206—Air Pollution Emergencies (0010, 0020, 0030, 0040, 0050, 0060, 0070, 8010, 8020, 8030, 8040);

    • Division 208—Visible Emissions and Nuisance Requirements (0005, 0010, 0110, 0210);

    • Division 209—Public Participation (0010, 0020, 0030, 0040, 0050, 0060, 0070, 0080);

    • Division 210—Stationary Source Notification Requirements (0010, 0020, 0100, 0110, 0120, 0205, 0215, 0225, 0230, 0240, 0250);

    • Division 212—Stationary Source Testing and Monitoring (0005, 0010, 0110, 0120, 0130, 0140, 0150);

    • Division 214—Stationary Source Reporting Requirements (0005, 0010, 0100, 0110, 0114, 0130, 0200, 0210, 0220);

    • Division 216—Air Contaminant Discharge Permits (0010, 0020, 0025, 0030, 0040, 0052, 0054, 0056, 0060, 0062, 0064, 0066, 0068, 0070, 0082, 0084, 0090, 0094, 8010, 8020);

    • Division 222—Stationary Source Plant Site Emission Limits (0010, 0020, 0030, 0035, 0040, 0041, 0042, 0046, 0048, 0051, 0055, 0080, 0090);

    • Division 224—New Source Review (0010, 0020, 0025, 0030, 0034, 0038, 0040, 0045, 0050, 0055, 0060, 0070, 0245, 0250, 0255, 0260, 0270, 0500, 0510—except paragraph (3), 0520, 0530, 0540);

    • Division 225—Air Quality Analysis Requirements (0010, 0020, 0030, 0040, 0045, 0050, 0060, 0070);

    • Division 226—General Emissions Standards (0005, 0010, 0100, 0110, 0120, 0130, 0140, 0210, 0310, 0320, 0400, 8010);

    • Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content (0010, 0020, 0100, 0110, 0120, 0130, 0200, 0210);

    • Division 232—Emission Standards for VOC Point Sources (0010, 0020, 0030, 0040, 0050, 0060, 0080, 0085, 0090, 0100, 0110, 0120, 0130, 0140, 0150, 0160, 0170, 0180, 0190, 0200, 0210, 0220, 0230);

    • Division 234—Emission Standards for Wood Products Industries (0005, 0010 except (8) and (10), 0100, 0140, 0200, 0210—except (1), 0220—except (2), 0240—except (1), 0250—except (1) and (2), 0270, 0500, 0510, 0520, 0530, 0540);

    • Divisions 236—Emission Standards for Specific Industries (0005, 0010, 0400, 0410, 0420, 0440, 8010);

    • Division 240—Rules for Areas with Unique Air Quality Needs (0010, 0020, 0030, 0050, 0100, 0110, 0120, 0130, 0140, 0150, 0160, 0180, 0190, 0210, 0220, 0250, 0300, 0320, 0330, 0340, 0350, 0360, 0400, 0410, 0420, 0430, 0440, 0510, 0550, 0560, 0610);

    • Division 242—Rules Applicable to the Portland Area (0400, 0410, 0420, 0430, 0440, 0600, 0610, 0620, 0630);

    • Division 262—Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices (0450);

    • Division 264—Rules for Open Burning (0010, 0020, 0030, 0040, 0050, 0060, 0070, 0075, 0078, 0080, 0100, 0110, 0120, 0130, 0140, 0150, 0160, 0170, 0175, 0180); and

    • Division 268—Emission Reduction Credits (0010, 0020, 0030).

    Rules Also Approved for Lane County

    • Division 200—General Air Pollution Procedures and Definitions (0020);

    • Division 202—Ambient Air Quality Standards and PSD Increments (0050);

    • Division 204—Designation of Air Quality Areas (0300, 0310, 0320);

    • Division 208—Visible Emissions and Nuisance Requirements (0110, 0210);

    • Division 214—Stationary Source Reporting Requirements (0114)(5);

    • Division 216—Air Contaminant Discharge Permits (0040, 8010);

    • Division 222—Stationary Source Plant Site Emission Limits (0090);

    • Division 224—New Source Review (0030, 0530);

    • Division 225—Air Quality Analysis Requirements (0010, 0020, 0030, 0040, 0045, 0050, 0060, 0070);

    • Division 226—General Emissions Standards (0210); and

    • Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content (0210).

    B. Rules Approved but Not Incorporated by Reference

    We are approving, but not incorporating by reference, the following provisions:

    • ODEQ Source Sampling Manual, Volumes I and II, April 2015 (for purposes of the limits approved into the SIP);

    • ODEQ Continuous Emissions Monitoring Manual, April 2015 (for purposes of the limits approved into the SIP);

    • ODEQ-LRAPA Stringency Analysis and Directive, Attachment B; and

    • Division 200—General Air Pollution Procedures and Definitions (0100, 0110, 0120).

    C. Rules Removed

    We are removing the following sections from the Oregon SIP because they have been repealed, replaced by rules noted in paragraph A above, or the state has asked that they be removed:

    • Division 208—Visible Emissions and Fugitive Emissions Requirements (0100, 0200);

    • Division 212—Compliance Assurance Monitoring (0200, 0210, 0220, 0230, 0240, 0250, 0260, 0270, 0280);

    • Division 214—Stationary Source Reporting Requirements (0400, 0410, 0420, 0430);

    • Division 222—Stationary Source Plant Site Emissions Limits (0043, 0045, 0070);

    • Division 224—New Source Review (0080, 0100);

    • Division 225—Air Quality Analysis Requirements (0090);

    • Division 226—General Emission Standards (0200);

    • Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content (0400, 0410, 0420, 0430, 0440, 0450, 0460, 0470, 0480, 0490, 0500, 0510, 0520, 0530);

    • Division 234—Emission Standards for Wood Products Industries (0300, 0310, 0320, 0330, 0340, 0350, 0360, 0400, 0410, 0420, 0430);

    • Division 236—Emission Standards for Specific Industries (0100, 0110, 0120, 0130, 0140, 0150, 0200, 0210, 0220, 0230, 0430);

    • Division 240—Rules for Areas with Unique Air Quality Needs (0170, 0230, 0310);

    • Division 242—Rules Applicable to the Portland Areas (0700, 0710, 0720, 0730, 0740, 0750, 0760, 0770, 0780, 0790); and

    • Division 264—Rules for Open Burning (0190).

    D. Rules We Are Not Acting On

    For the reasons stated above, we are not incorporating the following revised provisions into the Oregon SIP because they are inappropriate for SIP approval under section 110, title I of the CAA:

    • Division 200—General Air Pollution Procedures and Definitions (0050) (compliance schedules);

    • Division 222—Stationary Source Plant Site Emission Limits (0060) (hazardous air pollutants);

    • Division 224—New Source Review (0510(3)) (fine particulate matter inter-pollutant offset ratios); and

    • Division 234—Emission Standards for Wood Products Industries (0010(8) and (10), 0210(1), 0220(2), 0240(1), 0250 (1) and (2)) (total reduced sulfur and odor).

    E. Rules Deferred

    • Division 214—Stationary Source Reporting Requirements (0300, 0310, 0320, 0330, 0340, 0350, 0360) (excess emissions and emergency provisions).

    IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are finalizing the incorporation by reference as described in Section III above, and the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region 10 Office (please contact the person identified in the “For Further Information Contact” section of this preamble for more information).

    These materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1

    1See 62 FR 27968 (May 22, 1997).

    V. Oregon Notice Provision

    Oregon Revised Statute 468.126, prohibits the ODEQ from imposing a penalty for violation of an air, water or solid waste permit unless the source has been provided five days' advanced written notice of the violation and has not come into compliance or submitted a compliance schedule within that five-day period. By its terms, the statute does not apply to Oregon's title V program or to any program if application of the notice provision would disqualify the program from federal delegation. Oregon has previously confirmed that, because application of the notice provision would preclude EPA approval of the Oregon SIP, no advance notice is required for violation of SIP requirements.

    VI. Statutory and Executive Orders Review

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

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

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

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

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

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

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

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

    • is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and

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

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 28, 2017. Daniel D. Opalski, Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart MM—Oregon 2. Section 52.1970 is amended: a. In paragraph (c), by revising Table 2 and adding Table 5; b. In paragraph (e), under the table entitled “Oregon Administrative Rules, Approved But Not Incorporated By Reference”, by revising the entries “200-0100”, “200-0110”, and “200-0120”;and by revising the tables entitled “EPA Approved Oregon State Directive” and “EPA Approved Manuals.”

    The revisions read as follows:

    § 52.1970 Identification of plan.

    (c) * * *

    Table 2—EPA Approved Oregon Administrative Rules (OAR) State citation Title/subject State
  • effective
  • date
  • EPA approval date Explanations
    CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY Division 21—General Emission Standards for Particulate Matter Industrial Contingency Requirements for PM-10 Nonattainment Areas 021-200 Purpose 5/1/1995 9/21/1999, 64 FR 51051 021-205 Relation to Other Rules 3/10/1993 2/25/1997, 62 FR 8385 021-210 Applicability 3/10/1993 2/25/1997, 62 FR 8385 021-215 Definitions 3/10/1993 2/25/1997, 62 FR 8385 021-220 Compliance Schedule for Existing Sources 3/10/1993 2/25/1997, 62 FR 8385 021-225 Wood Waste Boilers 3/10/1993 2/25/1997, 62 FR 8385 021-230 Wood Particle Dryers at Particleboard Plants 3/10/1993 2/25/1997, 62 FR 8385 021-235 Hardboard Manufacturing Plants 3/10/1993 2/25/1997, 62 FR 8385 021-240 Air Conveying Systems 3/10/1993 2/25/1997, 62 FR 8385 021-245 Fugitive Emissions 3/10/1993 2/25/1997, 62 FR 8385 Division 200—General Air Pollution Procedures and Definitions 200-0010 Purpose and Application 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0020 General Air Quality Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0025 Abbreviations and Acronyms 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0030 Exceptions 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0035 Reference Materials 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 202—Ambient Air Quality Standards and PSD Increments 202-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0020 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] Ambient Air Quality Standards 202-0050 Purpose and Scope of Ambient Air Quality Standards 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0060 Suspended Particulate Matter 5/1/2011 12/27/2011, 76 FR 80747 202-0070 Sulfur Dioxide 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0080 Carbon Monoxide 7/1/2011 1/22/2003, 68 FR 2891 202-0090 Ozone 5/21/2010 12/27/2011, 76 FR 80747 202-0100 Nitrogen Dioxide 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0130 Lead 4/16/2015 10/11/2017, [Insert Federal Register citation] Prevention of Significant Deterioration Increments 202-0200 General 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0210 Ambient Air PSD Increments 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0220 Ambient Air Ceilings 4/16/2015 10/11/2017, [Insert Federal Register citation] 202-0225 Ambient Air Quality Impact Levels for Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 204—Designation of Air Quality Areas 204-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0020 Designation of Air Quality Control Regions 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0030 Designation of Nonattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0040 Designation of Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0050 Designation of Prevention of Significant Deterioration Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0060 Redesignation of Prevention of Significant Deterioration Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0070 Special Control Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0080 Motor Vehicle Inspection Boundary Designations 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0090 Oxygenated Gasoline Control Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Designation of Areas 204-0300 Designation of Sustainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0310 Designation of Reattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0320 Priority Sources 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 206—Air Pollution Emergencies 206-0010 Introduction 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0030 Episode State Criteria for Air Pollution Emergencies 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0040 Special Conditions 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0050 Source Emission Reduction Plans 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0060 Regional Air Pollution Authorities 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-0070 Operations Manual 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-8010 Air Pollution Episode ALERT Conditions Source Emission Reduction Plan Emissions Control Actions to be Taken as Appropriate in Alert Episode Area 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-8020 Air Pollution Episode WARNING Conditions Emission Reduction Plan 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-8030 Air Pollution Episode EMERGENCY Conditions Emission Reduction Plan 4/16/2015 10/11/2017, [Insert Federal Register citation] 206-8040 Air Pollution Episode Conditions Due to Particulate Which is Primarily Fallout from Volcanic Activity or Windblown Dust 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 208—Visible Emissions and Nuisance Requirements 208-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 208-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Visible Emissions 208-0110 Visible Air Contaminant Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] Fugitive Emission Requirements 208-0210 Requirements for Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 209—Public Participation 209-0010 Purpose 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0020 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0030 Public Notice Categories and Timing 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0040 Public Notice Information 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0050 Public Notice Procedures 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0060 Persons Required to be Notified 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0070 Hearing Procedures 4/16/2015 10/11/2017, [Insert Federal Register citation] 209-0080 Issuance or Denial of a Permit 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 210—Stationary Source Notification Requirements 210-0010 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Registration 210-0100 Registration in General 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0110 Registration Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0120 Re-Registration and Maintaining Registration 4/16/2015 10/11/2017, [Insert Federal Register citation] Notice of Construction and Approval of Plans 210-0205 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0215 Requirement 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0225 Types of Construction/Modification Changes 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0230 Notice to Construct 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0240 Construction Approval 4/16/2015 10/11/2017, [Insert Federal Register citation] 210-0250 Approval to Operate 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 212—Stationary Source Testing and Monitoring 212-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 212-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Sampling, Testing and Measurement 212-0110 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 212-0120 Program 4/16/2015 10/11/2017, [Insert Federal Register citation] 212-0130 Stack Heights and Dispersion Techniques 4/16/2015 10/11/2017, [Insert Federal Register citation] 212-0140 Methods 4/16/2015 10/11/2017, [Insert Federal Register citation] 212-0150 Department Testing 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 214—Stationary Source Reporting Requirements 214-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Reporting 214-0100 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0110 Request for Information 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0114 Records; Maintaining and Reporting 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0120 Enforcement 10/14/1999 1/22/2003, 68 FR 2891 214-0130 Information Exempt from Disclosure 4/16/2015 10/11/2017, [Insert Federal Register citation] Emissions Statements for VOC and NOx Sources 214-0200 Purpose and Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0210 Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 214-0200 Submission of Emission Statement 4/16/2015 10/11/2017, [Insert Federal Register citation] Excess Emissions and Emergency Provision 214-0300 Purpose and Applicability 11/8/2007 12/27/2011, 76 FR 80747 214-0310 Planned Startup and Shutdown 11/8/2007 12/27/2011, 76 FR 80747 214-0320 Scheduled Maintenance 11/8/2007 12/27/2011, 76 FR 80747 214-0330 All Other Excess Emissions 11/8/2007 12/27/2011, 76 FR 80747 214-0340 Reporting Requirements 11/8/2007 12/27/2011, 76 FR 80747 214-0350 Enforcement Action Criteria 11/8/2007 12/27/2011, 76 FR 80747 214-0360 Emergency as an Affirmative Defense 11/8/2007 12/27/2011, 76 FR 80747 Division 216—Air Contaminant Discharge Permits 216-0010 Purpose 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0020 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0025 Types of Permits 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0030 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0040 Application Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0052 Construction ACDPs 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0054 Short-Term Activity ACDPs 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0056 Basic ACDPs 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0060 General Air Contaminant Discharge Permits 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0062 General ACDP Attachments 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0064 Simple ACDPs 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0066 Standard ACDPs 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0068 Simple and Standard ACDP Attachments 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0070 Permitting a Source with Multiple Activities or Processes at a Single Adjacent or Contiguous Site 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0082 Termination or Revocation of an ACDP 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0084 Department-Initiated Modification 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0090 Sources Subject to ACDPs and Fees 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-0094 Temporary Closure 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-8010 Table 1—Activities and Sources 4/16/2015 10/11/2017, [Insert Federal Register citation] 216-8020 Table 2—Air Contaminant Discharge Permits 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 222—Stationary Source Plant Site Emission Limits 222-0010 Policy 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0020 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0030 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Criteria for Establishing Plant Site Emission Limits 222-0035 General Requirements for Establishing All PSELs 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0040 Generic Annual PSEL 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0041 Source Specific Annual PSEL 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0042 Short Term PSEL 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0046 Netting Basis 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0048 Baseline Period and Baseline Emission Rate 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0051 Actual Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0055 Unassigned Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0080 Plant Site Emission Limit Compliance 4/16/2015 10/11/2017, [Insert Federal Register citation] 222-0090 Combining and Splitting Sources and Changing Primary SIC Code 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 223—Regional Haze Rules 223-0010 Purpose 12/10/2010 7/5/2011, 76 FR 38997 223-0020 Definitions 12/10/2010 7/5/2011, 76 FR 38997 223-0030 BART and Additional Regional Haze Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) 12/10/2010 7/5/2011, 76 FR 38997 223-0040 Federally Enforceable Permit Limits 12/10/2010 7/5/2011, 76 FR 38997 223-0050 Alternative Regional Haze Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) 12/10/2010 7/5/2011, 76 FR 38997 223-0080 Alternative Requirements for the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program Facility ORISPL Code 6106) Based Upon Permanently Ceasing the Burning of Coal Within Five Years of EPA Approval of the Revision to the Oregon Clean Air Act State Implementation Plan Incorporating OAR Chapter 340, Division 223 12/10/2010 7/5/2011, 76 FR 38997 Division 224—New Source Review 224-0010 Applicability, General Prohibitions, General Requirements and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0025 Major Modification 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0030 New Source Review Procedural Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0034 Exemptions 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0038 Fugitive and Secondary Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0040 Review of Sources Subject to Major NSR or Type A State NSR for Compliance with Regulations 4/16/2015 10/11/2017, [Insert Federal Register citation] Major New Source Review 224-0045 Requirements for Sources in Sustainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0050 Requirements for Sources in Nonattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0055 Requirements for Sources in Reattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0060 Requirements for Sources in Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0070 Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] State New Source Review 224-0245 Requirements for Sources in Sustainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0250 Requirements for Sources in Nonattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0255 Requirements for Sources in Reattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0260 Requirements for Sources in Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0270 Requirements for Sources in Attainment and Unclassified Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Net Air Quality Benefit Emission Offsets 224-0500 Net Air Quality Benefit for Sources Locating within or Impacting Designated Area 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0510 Common Offset Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] Except paragraph (3). 224-0520 Requirements for Demonstrating Net Air Quality Benefit for Ozone Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0530 Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 224-0540 Sources in a Designated Area Impacting Other Designated Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 225—Air Quality Analysis Requirements 225-0010 Purpose and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0030 Procedural Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0040 Air Quality Models 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0045 Requirements for Analysis in Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0050 Requirements for Analysis in PSD Class I and Class III Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0060 Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 225-0070 Requirements for Demonstrating Compliance with Air Quality Related Values Protection 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 226—General Emission Standards 226-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Highest and Best Practicable Treatment and Control 226-0100 Policy and Application 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0110 Pollution Prevention 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0120 Operating and Maintenance Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0130 Typically Achievable Control Technology (TACT) 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0140 Additional Control Requirements for Stationary Sources of Air Contaminants 4/16/2015 10/11/2017, [Insert Federal Register citation] Grain Loading Standards 226-0210 Particulate Emission Limitations for Sources Other Than Fuel Burning Equipment, Refuse Burning Equipment and Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] Particulate Emissions from Process Equipment 226-0310 Emission Standard 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0320 Determination of Process Weight 4/16/2015 10/11/2017, [Insert Federal Register citation] Alternative Emission Controls 226-0400 Alternative Emission Controls (Bubble) 4/16/2015 10/11/2017, [Insert Federal Register citation] 226-0810 Particulate Matter Emissions Standards for Process Equipment 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content 228-0010 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 228-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Sulfur Content of Fuels 228-0100 Residual Fuel Oils 4/16/2015 10/11/2017, [Insert Federal Register citation] 228-0110 Distillate Fuel Oils 4/16/2015 10/11/2017, [Insert Federal Register citation] 228-0120 Coal 4/16/2015 10/11/2017, [Insert Federal Register citation] 228-0130 Exemptions 4/16/2015 10/11/2017, [Insert Federal Register citation] General Emission Standards for Fuel Burning Equipment 228-0200 Sulfur Dioxide Standards 4/16/2015 10/11/2017, [Insert Federal Register citation] 228-0210 Grain Loading Standards 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 232—Emission Standards for VOC Point Sources 232-0010 Introduction 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0020 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0030 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0040 General Non-Categorical Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0050 Exemptions 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0060 Compliance Determination 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0080 Bulk Gasoline Plants Including Transfer of Gasoline 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0085 Gasoline Delivery Vessel(s) 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0090 Bulk Gasoline Terminals Including Truck and Trailer Loading 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0100 Testing Vapor Transfer and Collection Systems 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0110 Loading Gasoline and Volatile Organic Liquids onto Marine Tank Vessels 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0120 Cutback and Emulsified Asphalt 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0130 Petroleum Refineries 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0140 Petroleum Refinery Leaks 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0150 VOC Liquid Storage 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0160 Surface Coating in Manufacturing 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0170 Aerospace Component Coating Operations 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0180 Degreasers 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0190 Open Top Vapor Degreasers 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0200 Conveyorized Degreasers 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0220 Flat Wood Coating 4/16/2015 10/11/2017, [Insert Federal Register citation] 232-0230 Rotogravure and Flexographic Printing 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 234—Emission Standards for Wood Product Industries 234-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Except (8) and (10). Wigwam Waste Burners 234-0100 Wigwam Waste Burners 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0140 Existing Administrative Agency Orders 4/16/2015 10/11/2017, [Insert Federal Register citation] Kraft Pulp Mills 234-0200 Statement of Policy and Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0210 Emission Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] Except (1). 234-0220 More Restrictive Emission Limits 4/16/2015 10/11/2017, [Insert Federal Register citation] Except (2). 234-0240 Monitoring 4/16/2015 10/11/2017, [Insert Federal Register citation] Except (1). 234-0250 Reporting 4/16/2015 10/11/2017, [Insert Federal Register citation] Except (1) and (2). 234-0270 Chronic Upset Conditions 4/16/2015 10/11/2017, [Insert Federal Register citation] Board Products Industries (Veneer, Plywood, Particleboard, Hardboard) 234-0500 Applicability and General Provisions 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0510 Veneer and Plywood Manufacturing Operations 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0520 Particleboard Manufacturing Operations 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0530 Hardboard Manufacturing Operations 4/16/2015 10/11/2017, [Insert Federal Register citation] 234-0540 Testing and Monitoring 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 236—Emission Standards for Specific Industries 236-0005 Applicability and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] 236-0010 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Hot Mix Asphalt Plants 236-0400 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 236-0410 Control Facilities Required 4/16/2015 10/11/2017, [Insert Federal Register citation] 236-0420 Other Established Air Quality Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] 236-0440 Ancillary Sources of Emission—Housekeeping of Plant Facilities 4/16/2015 10/11/2017, [Insert Federal Register citation] 236-8010 Process Weight Table 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 240—Rules for Areas with Unique Air Quality Needs 240-0010 Purpose 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0020 Emission Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0030 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0050 Compliance Testing Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] The Medford-Ashland Air Quality Maintenance Area and the Grants Pass Urban Growth Area 240-0100 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0110 Wood Waste Boilers 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0120 Veneer Dryer Emission Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0140 Wood Particle Dryers at Particleboard Plants 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0150 Hardboard Manufacturing Plants 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0160 Wigwam Waste Burners 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0190 Requirement for Operation and Maintenance Plans (Medford-Ashland AQMA Only) 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0210 Continuous Monitoring 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0220 Source Testing 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0250 Open Burning 4/16/2015 10/11/2017, [Insert Federal Register citation] La Grande Urban Growth Area 240-0300 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0320 Wood-Waste Boilers 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0330 Wood Particle Dryers at Particleboard Plants 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0340 Hardboard Manufacturing Plants 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0350 Air Conveying Systems 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0360 Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] The Lakeview Urban Growth Area 240-0400 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0410 Control of Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0420 Requirement for Operation and Maintenance Plans 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0430 Source Testing 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0440 Open Burning 4/16/2015 10/11/2017, [Insert Federal Register citation] Klamath Falls Nonattainment Area 240-0500 Applicability 12/11/2012 8/25/2015, 80 FR 51472 240-0510 Opacity Standard 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0520 Control of Fugitive Emissions 12/11/2012 8/25/2015, 80 FR 51472 240-0530 Requirement for Operation and Maintenance Plans 12/11/2012 8/25/2015, 80 FR 51472 240-0540 Compliance Schedule for Existing Industrial Sources 12/11/2012 8/25/2015, 80 FR 51472 240-0550 Requirements for New Sources When Using Residential Wood Fuel-Fired Device Offsets 4/16/2015 10/11/2017, [Insert Federal Register citation] Real and Permanent PM 2.5 and PM 10 Offsets 240-0560 Real and Permanent PM2.5 and PM10 Offsets 4/16/2015 10/11/2017, [Insert Federal Register citation] Klamath Falls Nonattainment Area Contingency Measures 240-0570 Applicability 12/11/2012 6/6/2016, 81 FR 36178 240-0580 Existing Industrial Sources Control Efficiency 12/11/2012 6/6/2016, 81 FR 36178 240-0610 Continuous Monitoring for Industrial Sources 4/16/2015 10/11/2017, [Insert Federal Register citation] 240-0620 Contingency Measures: New Industrial Sources 12/11/2012 6/6/2016, 81 FR 36178 240-0630 Contingency Enhanced Curtailment of Use of Solid Fuel Burning Devices and Fireplaces 12/11/2012 6/6/2016, 81 FR 36178 Division 242—Rules Applicable to the Portland Area 242-0010 What is the Employee Commute Options Program? 4/12/2007 12/19/2011, 76 FR 78571 242-0020 Who is Subject to ECO? 4/12/2007 12/19/2011, 76 FR 78571 242-0030 What Does ECO Require? 4/12/2007 12/19/2011, 76 FR 78571 242-0040 How Does the Department Enforce ECO? 4/12/2007 12/19/2011, 76 FR 78571 242-0050 Definitions of Terms Used in These Rules 4/12/2007 12/19/2011, 76 FR 78571 242-0060 Should All Employees at a Work Site be Counted? 10/14/1999 1/22/2003, 68 FR 2891 242-0070 What are the Major Requirements of ECO? 4/12/2007 12/19/2011, 76 FR 78571 242-0080 What are the Registration Requirements? 4/12/2007 12/19/2011, 76 FR 78571 242-0090 What are the Requirements for an Employee Survey? 4/12/2007 12/19/2011, 76 FR 78571 242-0100 Special Requirements for Employers Intending to Comply Without an Approved Plan 10/14/1999 1/22/2003, 68 FR 2891 242-0110 What if an Employer Does Not Meet the Target Auto Trip Rate? 4/12/2007 12/19/2011, 76 FR 78571 242-0120 How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate? 4/12/2007 12/19/2011, 76 FR 78571 242-0130 What is the Schedule Employers Must Follow to Implement ECO? 10/14/1999 1/22/2003, 68 FR 2891 242-0140 How Should Employers Account for Changes in Work Force Size? 10/14/1999 1/22/2003, 68 FR 2891 242-0150 How Can an Employer Reduce Auto Commute Trips to a Work Site? 10/14/1999 1/22/2003, 68 FR 2891 242-0160 What Should be Included in an Auto Trip Reduction Plan? 4/12/2007 12/19/2011, 76 FR 78571 242-0170 When Will the Department Act on a Submitted Auto Trip Reduction Plan? 10/14/1999 1/22/2003, 68 FR 2891 242-0180 What is a Good Faith Effort? 4/12/2007 12/19/2011, 76 FR 78571 242-0190 How Does the ECO Program Affect New Employers, Expanding Employers and Employers Relocating Within the Portland AQMA? 4/12/2007 12/19/2011, 76 FR 78571 242-0200 Can a New or Relocating Employer Comply with ECO Through Restricted Parking Ratios? 4/12/2007 12/19/2011, 76 FR 78571 242-0210 Can an Existing Employer Comply with ECO Through Restricted Parking Ratios? 4/12/2007 12/19/2011, 76 FR 78571 242-0220 What if an Employer Has More Than One Work Site Within the Portland AQMA? 4/12/2007 12/19/2011, 76 FR 78571 242-0230 Can Employers Submit a Joint Plan? 10/14/1999 1/22/2003, 68 FR 2891 242-0240 Are There Alternatives to Trip Reduction? 4/12/2007 12/19/2011, 76 FR 78571 242-0250 What Alternatives Qualify as Equivalent Emission Reductions? 10/14/1999 1/22/2003, 68 FR 2891 242-0260 Can Employers Get Credit for Existing Trip Reduction Programs? 4/12/2007 12/19/2011, 76 FR 78571 242-0270 Are Exemptions Allowed if an Employer is Unable to Reduce Trips or Take Advantage of Alternate Compliance Options? 4/12/2007 12/19/2011, 76 FR 78571 242-0280 Participation in the Industrial Emission Management Program 4/12/2007 12/19/2011, 76 FR 78571 242-0290 What Kind of Records Must be Kept and for How Long? 4/12/2007 12/19/2011, 76 FR 78571 Voluntary Maximum Parking Ratio Program 242-0300 What is the Voluntary Parking Ratio Program? 10/14/1999 1/22/2003, 68 FR 2891 242-0310 Who can Participate in the Voluntary Parking Ratio Program? 10/14/1999 1/22/2003, 68 FR 2891 242-0320 Definitions of Terms and Land Uses 10/14/1999 1/22/2003, 68 FR 2891 242-0330 How Does a Property Owner Comply with the Voluntary Parking Ratio Program? 10/14/1999 1/22/2003, 68 FR 2891 242-0340 What are the Incentives for Complying with the Voluntary Parking Ratio Program? 10/14/1999 1/22/2003, 68 FR 2891 242-0350 Why Do I Need a Parking Ratio Permit? 10/14/1999 1/22/2003, 68 FR 2891 242-0360 What is Required to Obtain a Parking Ratio Permit? 10/14/1999 1/22/2003, 68 FR 2891 242-0370 How is the Parking Ratio Program Enforced? 10/14/1999 1/22/2003, 68 FR 2891 242-0380 When Will the Department Act on a Submitted Permit Application? 10/14/1999 1/22/2003, 68 FR 2891 242-0390 What are the Applicable Parking Ratios? 10/14/1999 1/22/2003, 68 FR 2891 Industrial Emission Management Program 242-0400 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0410 Definition of Terms 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0420 Unused PSEL Donation Program 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0430 Industrial Growth Allowances 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0440 Industrial Growth Allowance Allocation 4/16/2015 10/11/2017, [Insert Federal Register citation] Gasoline Vapors from Gasoline Transfer and Dispensing Operations 242-0500 Purpose and Applicability 4/16/2015 11/28/2015, 80 FR 65659 242-0510 Definitions 4/16/2015 11/28/2015, 80 FR 65659 242-0520 General Provisions 4/16/2015 11/28/2015, 80 FR 65659 Motor Vehicle Refinishing 242-0600 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0610 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA 4/16/2015 10/11/2017, [Insert Federal Register citation] 242-0630 Inspecting and Testing Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 244—Oregon Federal Hazardous Air Pollutant Program1 2 General Provisions for Stationary Sources 244-0030 Definitions 4/16/2015 10/27/2015, 80 FR 65659 Only to the extent needed to implement the requirements for gasoline dispensing facilities in division 244 that are approved into the SIP Emission Standards for Gasoline Dispensing Facilities 244-0232 Purpose 4/16/2015 10/27/2015, 80 FR 65659 244-0234 Affected Sources 4/16/2015 10/27/2015, 80 FR 65659 244-0236 Affected Equipment or Processes 4/16/2015 10/27/2015, 80 FR 65659 244-0238 Compliance Dates 4/16/2015 10/27/2015, 80 FR 65659 Except (1)(a) and (2)(c) Emission Limitations and Management Practices 244-0239 General Duties to Minimize Emissions 4/16/2015 10/27/2015, 80 FR 65655 244-0240 Work Practice and Submerged Fill Requirements 4/16/2015 10/27/2015, 80 FR 65655 244-0242 Vapor Balance Requirements 4/16/2015 10/27/2015, 80 FR 65655 Including tables 2 and 3 Testing and Monitoring Requirements 244-0244 Testing and Monitoring Requirements 4/16/2015 10/27/2015, 80 FR 65655 Except (1)(b) and (c) Notifications, Records, and Reports 244-0246 Notifications 4/16/2015 10/27/2015, 80 FR 65655 244-0248 Recordkeeping Requirements 4/16/2015 10/27/2015, 80 FR 65655 Except (4)(c) and (d) 244-0250 Reporting Requirements 4/16/2015 10/27/2015, 80 FR 65655 244-0252 General Provision Applicability 12/31/2008 10/27/2015, 80 FR 65655 Division 250—General Conformity 250-0010 Purpose 10/14/1999 1/22/2003, 68 FR 2891 250-0020 Applicability 10/14/1999 1/22/2003, 68 FR 2891 250-0030 Definitions 10/14/1999 1/22/2003, 68 FR 2891 250-0040 Conformity Analysis 10/14/1999 1/22/2003, 68 FR 2891 250-0050 Reporting Requirements 10/14/1999 1/22/2003, 68 FR 2891 250-0060 Public Participation 10/14/1999 1/22/2003, 68 FR 2891 250-0070 Frequency of Conformity Determinations 10/14/1999 1/22/2003, 68 FR 2891 250-0080 Criteria for Determining Conformity of General Federal Actions 10/14/1999 1/22/2003, 68 FR 2891 250-0090 Procedures for Conformity Determinations of General Federal Actions 10/14/1999 1/22/2003, 68 FR 2891 250-0100 Mitigation of Air Quality Impacts 10/14/1999 1/22/2003, 68 FR 2891 Division 252—Transportation Conformity 252-0010 Propose 10/14/1999 1/22/2003, 68 FR 2891 252-0030 Definitions 3/5/2010 10/4/2012, 77 FR 60627 252-0060 Consultation 3/5/2010 10/4/2012, 77 FR 60627 252-0070 Timeframe of Conformity Determinations 3/5/2010 10/4/2012, 77 FR 60627 Except last two sentences 252-0230 Written Comments 3/5/2010 10/4/2012, 77 FR 60627 Division 256—Motor Vehicles 256-0010 Definitions 7/12/2005 12/19/2011, 76 FR 78571 Visible Emissions 256-0100 Visible Emissions—General Requirements, Exclusions 7/12/2005 12/19/2011, 76 FR 78571 256-0130 Motor Vehicle Fleet Operation 7/12/2005 12/19/2011, 76 FR 78571 Certification of Pollution Control Systems 256-0200 County Designations 10/14/1999 11/22/2004, 69 FR 67819 Emission Control System Inspection 256-0300 Scope 7/12/2005 12/19/2011, 76 FR 78571 256-0310 Government-Owned Vehicle, Permanent Fleet Vehicle and United States Government Vehicle Testing 7/12/2005 12/19/2011, 76 FR 78571 256-0330 Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program 10/14/1999 11/24/2004, 69 FR 67819 256-0340 Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program 7/12/2005 12/19/2011, 76 FR 78571 256-0350 Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program 7/12/2005 12/19/2011, 76 FR 78571 256-0355 Emissions Control Test Method for OBD Test Program 10/25/2000 11/22/2004, 69 FR 67819 256-0356 Emissions Control Test Method for On-Site Vehicle Testing for Automobile Dealerships 10/4/2001 11/22/2004, 69 FR 67819 256-0370 Renewal of Registration for Light Duty Motor Vehicles and Heavy Duty Gasoline Motor Vehicles Temporarily Operating Outside of Oregon 10/14/1999 11/22/2004, 69 FR 67819 256-0380 Light Duty Motor Vehicle Emission Control Test Criteria for Basic Program 7/12/2005 12/19/2011, 76 FR 78571 256-0390 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria 7/12/2005 12/19/2011, 76 FR 78571 256-0400 Light Duty Motor Vehicle Emission Control Standards for Basic Program 10/14/1999 11/22/2004, 69 FR 67819 256-0410 Light Duty Motor Vehicle Emission Control Standards for Basic Program 10/14/1999 11/22/2004, 69 FR 67819 256-0420 Heavy-Duty Gasoline Motor Vehicle Emission Control Standards 10/14/1999 11/22/2004, 69 FR 67819 256-0440 Criteria for Qualifications of Persons Eligible to Inspect Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute Certificates 10/25/2000 11/22/2004, 69 FR 67819 256-0450 Gas Analytical System Licensing Criteria for Basic Program 10/14/1999 11/22/2004, 69 FR 67819 256-0460 Gas Analytical System Licensing Criteria for Enhanced Program 10/14/1999 11/22/2004, 69 FR 67819 256-0465 Test Equipment Licensing Criteria for OBD Test Program 10/25/2000 11/22/2004, 69 FR 67819 256-0470 Agreement with Independent Contractor; Qualifications of Contractor; Agreement Provisions 10/14/1999 11/22/2004; 69 FR 67819 Division 258—Motor Vehicle Fuel Specifications 258-0010 Definitions 10/14/1999 1/22/2003, 68 FR 2891 Oxygenated Gasoline 258-0100 Policy 10/14/1999 1/22/2003, 68 FR 2891 258-0110 Purpose and General Requirements 10/14/1999 1/22/2003, 68 FR 2891 258-0120 Sampling and Testing for Oxygen Content 10/14/1999 1/22/2003, 68 FR 2891 258-0130 Compliance Options 10/14/1999 1/22/2003, 68 FR 2891 258-0140 Per Gallon Oxygen Content Standard 10/14/1999 1/22/2003, 69 FR 2891 258-0150 Average Oxygen Content Standard 10/14/1999 1/22/2003, 68 FR 2891 258-0160 Minimum Oxygen Content 10/14/1999 1/22/2003, 68 FR 2891 258-0170 Oxygenated Gasoline Blending 10/14/1999 1/22/2003, 68 FR 2891 258-0180 Registration 10/14/1999 1/22/2003, 68 FR 2891 258-0190 CAR, Distributor and Retail Outlet Operating Permits 10/14/1999 1/22/2003, 68 FR 2891 258-0200 Owners of Gasoline and Terminals, Distributors and Retail Outlets Required to Have Indirect Source Operating Permits 10/14/1999 1/22/2003, 68 FR 2891 258-0210 Recordkeeping 10/14/1999 1/22/2003, 68 FR 2891 258-0220 Reporting 10/14/1999 1/22/2003, 68 FR 2891 258-0230 Prohibited Activities 10/14/1999 1/22/2003, 68 FR 2891 258-0240 Inspection and Sampling 10/14/1999 1/22/2003, 68 FR 2891 258-0250 Liability for Violation of a Prohibited Activity 10/14/1999 1/22/2003, 68 FR 2891 258-0260 Defenses for Prohibited Activities 10/14/1999 1/22/2003, 68 FR 2891 258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary Circumstances 10/14/1999 1/22/2003, 68 FR 2891 258-0280 Quality Assurance Program 10/14/1999 1/22/2003, 68 FR 2891 258-0290 Attest Engagements Guidelines When Prohibited Activities Alleged 10/14/1999 1/22/2003, 68 FR 2891 258-0300 Dispenser Labeling 10/14/1999 1/22/2003, 68 FR 2891 258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas 10/14/1999 1/22/2003, 68 FR 2891 Standard for Automotive Gasoline 258-0400 Reid Vapor Pressure for Gasoline 10/14/1999 1/22/2003, 68 FR 2891 Division 262—Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices 262-0400 Purpose and Applicability of Rules 3/15/2011 6/20/2013, 78 FR 37124 262-0450 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 262-0500 Certification of Solid Fuel Burning Devices for Sale and New 3/15/2011 6/20/2013, 78 FR 37124 262-0600 New and Used Solid Fuel Burning Devices 5/17/2012 6/20/2013, 78 FR 37124 262-0700 Removal and Destruction of Used Solid Fuel Burning Devices 3/15/2011 6/20/2013, 78 FR 37124 262-0800 Wood Burning and Other Heating Devices Curtailment Program 3/15/2011 6/20/2013, 78 FR 37124 262-0900 Materials Prohibited from Burning 3/15/2011 6/20/2013, 78 FR 37124 262-1000 Wood Burning Contingency Measures for PM2.5 Nonattainment Areas 12/11/2012 6/6/2016, 81 FR 36176 Division 264—Rules for Open Burning 264-0010 How to Use These Open Burning Rules 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0020 Policy 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0030 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0040 Exemptions, Statewide 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0050 General Requirements Statewide 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0060 General Prohibitions Statewide 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0070 Open Burning Conditions 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0075 Delegation of Authority 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0078 Open Burning Control Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0080 County Listing of Specific Open Burning Rules 4/16/2015 10/11/2017, [Insert Federal Register citation] Open Burning Requirements 264-0100 Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0110 Benton, Linn, Marion, Polk, and Yamhill Counties 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0120 Clackamas County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0130 Multnomah County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0140 Washington County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0150 Columbia County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0160 Lane County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0170 Coos, Douglas, Jackson and Josephine Counties 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0175 Klamath County 4/16/2015 10/11/2017, [Insert Federal Register citation] 264-0180 Letter Permits 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 266—Field Burning Rules (Willamette Valley) 266-0010 Introduction 10/14/1999 1/22/2003, 68 FR 2891 266-0020 Policy 10/14/1999 1/22/2003, 68 FR 2891 266-0030 Definitions 10/14/1999 1/22/2003, 68 FR 2891 266-0040 General Requirements 10/14/1999 1/22/2003, 68 FR 2891 266-0050 Registration, Permits, Fees, Records 10/14/1999 1/22/2003, 68 FR 2891 266-0060 Acreage Limitations, Allocations 10/14/1999 1/22/2003, 68 FR 2891 266-0070 Daily Burning Authorization Criteria 10/14/1999 1/22/2003, 68 FR 2891 266-0080 Burning by Public Agencies (Training Fires) 10/14/1999 1/22/2003, 68 FR 2891 266-0090 Preparatory Burning 10/14/1999 1/22/2003, 68 FR 2891 266-0100 Experimental Burning 10/14/1999 1/22/2003, 68 FR 2891 266-0110 Emergency Burning Cessation 10/14/1999 1/22/2003, 68 FR 2891 266-0120 Propane Flaming 10/14/1999 1/22/2003, 68 FR 2891 266-0130 Stack Burning 10/14/1999 1/22/2003, 68 FR 2891 Division 268—Emission Reduction Credits 268-0010 Applicability 4/16/2015 10/11/2017, [Insert Federal Register citation] 268-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] 268-0030 Emission Reduction Credits 4/16/2015 10/11/2017, [Insert Federal Register citation] Oregon Department of Forestry—Chapter 629 629-24-301 Maintenance of Productivity and Related Values 8/1/1987 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 629-43-043 Smoke Management Plan 4/13/1987 11/1/2001, 66 FR 55105 Statewide Visibility Plan. Department of Oregon State Police Office of State Fire Marshall—Chapter 837 Division 110—Field Burning and Propaning Rules 837-110-0010 Field Preparation 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0020 Firefighting Water Supplies 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0030 Firefighting Equipment 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0040 Ignition Criteria 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0050 Prohibited Use 2/7/1989 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0060 Communication 2/7/1989 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0070 Fire Safety Watch 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0080 Fire Safety Buffer Zones 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0090 Ban on Burning 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. Propaning 837-110-0110 Field Preparation 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0120 Firefighting Water Supplies 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0130 Firefighting Equipment 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0140 Communication 2/7/1989 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0150 Fire Safety Watch 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 837-110-0160 Ban on Burning 8/11/1993 11/1/2001, 66 FR 55105 Statewide Visibility Plan. 1 Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas, as well as all of Clackamas, Multnomah, and Washington counties. 2 This approval is for the purpose of regulating volatile organic compound (VOC) emissions.
    Table 5—EPA Approved Oregon Administrative Rules (OAR) Also Approved for Lane County State citation Title/subject State
  • effective
  • date
  • EPA approval date Explanations
    Division 200—General Air Pollution Procedures and Definitions 202-0020 General Air Quality Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA Title 12. Division 202—Ambient Air Quality Standards and PSD Increments Ambient Air Quality Standards 202-0050 Purpose and Scope of Ambient Air Quality Standards 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 204—Designation of Air Quality Areas Designation of Areas 204-0300 Designation of Sustainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0310 Designation of Reattainment Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] 204-0320 Priority Sources 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 208—Visible Emissions and Nuisance Requirements 208-0110 Visible Air Contaminant Limitations 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 32.010. 208-0210 Requirements for Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 48-015. Division 214—Stationary Source Reporting Requirements Reporting 214-0114 Records; Maintaining and Reporting 4/16/2015 10/11/2017, [Insert Federal Register citation] Paragraph (5) only. Replaces/supersedes LRAPA 35-0160. Division 216—Air Contaminant Discharge Permits 216-0040 Application Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 37-0040. 216-8010 Table 1 Activities and Sources 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 37-8010 Table 1. Division 222—Stationary Source Plant Site Emission Limits Criteria for Establishing Plant Site Emission Limits 222-0090 Combining and Splitting sources and Changing Primary SIC Code 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 42-0090. Division 224—New Source Review 224-0030 New Source Review Procedural Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] Net Air Quality Benefit Emission Offsets 224-0530 Requirements for Demonstrating Net Air Quality Benefit for Non-Ozone Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Division 225—Air Quality Analysis Requirements 225-0010 Purpose and Jurisdiction 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0010. 225-0020 Definitions 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0020. 225-0030 Procedural Requirements 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0030. 225-0040 Air Quality Models 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0040. 225-0045 Requirements for Analysis in Maintenance Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0045. 225-0050 Requirements for Analysis in PSD Class II and Class III Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0050. 225-0060 Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0060. 225-0070 Requirements for Demonstrating Compliance with Air Quality Related Values Protection 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 40-0070. Division 226—General Emission Standards Grain Loading Standards 226-0210 Particulate Emission Limitations for Sources Other Than Fuel Burning, and Refuse Burning Equipment and Fugitive Emissions 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 32-015. Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content General Emission Standards for Fuel Burning Equipment 228-0210 Grain Loading Standards 4/16/2015 10/11/2017, [Insert Federal Register citation] Replaces/supersedes LRAPA 32-020, 32-030.

    (e) * * *

    Oregon Administrative Rules, Approved but not Incorporated by Reference State citation Title/subject State
  • effective
  • date
  • EPA approval date Explanation
    *         *         *         *         *         *         * Division 200—General Air Pollution Procedures and Definitions Conflicts of Interest 200-0100 Purpose 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0110 Public Interest Representation 4/16/2015 10/11/2017, [Insert Federal Register citation] 200-0120 Disclosure of Potential Conflicts of Interest 4/16/2015 10/11/2017, [Insert Federal Register citation] *         *         *         *         *         *         *
    EPA-Approved Oregon State Directives State citation Title/subject State effective date EPA approval date Explanation Directive 1-4-1-601 Operational Guidance for the Oregon Smoke Management Program 10/23/1992 11/1/2001, 66 FR 55112 ODEQ-LRAPA Stringency Directive, Attachment B DEQ analysis and recommendations regarding which of the proposed rules that the EQC should require LRAPA to implement directly 4/16/2015 10/11/2017, [Insert Federal Register citation] EPA-Approved Manuals Name Adoption date State
  • effective
  • date
  • EPA approval date Explanation
    ODEQ Source Sampling Manual 4/16/2015 4/16/2015 10/11/2017, [Insert Federal Register citation] Volumes I and II for purposes of the limits approved into the SIP. ODEQ Continuous Emissions Monitoring Manual 4/16/2015 4/16/2015 10/11/2017, [Insert Federal Register citation] For purposes of the limits approved into the SIP.
    3. Section 52.1987 is amended by revising paragraph (a) to read as follows:
    § 52.1987 Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for the prevention of significant deterioration of air quality (provisions of OAR Chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224 (except 0510(3) inter-pollutant offset ratios), 225, and 268, as in effect on April 16, 2015, are approved as meeting the requirements of title I, part C, subpart I of the Clean Air Act for preventing significant deterioration of air quality.

    [FR Doc. 2017-21803 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0265; FRL-9969-18—Region 9] Approval and Promulgation of Air Quality State Implementation Plans; California; Ambient Ozone Monitoring Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is finalizing approval of a portion of a state implementation plan (SIP) submission from the State of California regarding Clean Air Act (CAA or “Act”) requirements for ambient ozone monitoring in the Bakersfield Metropolitan Statistical Area (MSA) for the 1997 ozone and 2008 ozone national ambient air quality standards (NAAQS or “standards”). The SIP submission is intended to revise a portion of the State's “infrastructure” SIP that, more broadly, provides for implementation, maintenance, and enforcement of the standards.

    DATES:

    This rule is effective on November 13, 2017.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2017-0265. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information.

    FOR FURTHER INFORMATION CONTACT:

    Rory Mays, Air Planning Office (AIR-2), EPA Region IX, (415) 972-3227, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Table of Contents I. Background II. Final Action III. Statutory and Executive Order Reviews I. Background

    On August 24, 2016, the California Air Resources Board (CARB) submitted the “Staff Report, [C]ARB Review of the San Joaquin Valley 2016 Plan for the 2008 8-Hour Ozone Standard” (“2016 CARB Staff Report”).1 On July 3, 2017, we proposed to approve the portions of the submission that address ambient ozone monitoring in the Bakersfield MSA pursuant to CAA section 110(a)(2)(B),2 and refer to those portions herein as the “2016 Bakersfield Ozone Monitoring SIP.” 3 We proposed to approve this SIP submission because we determined that it complied with the relevant CAA requirements, as outlined below. Our proposed rule contains more information on the SIP submission and our evaluation. We provided a 30-day public comment period on the proposed rule, during which we received no comments.

    1 Letter from Richard W. Corey, Executive Officer, CARB to Alexis Strauss, Acting Regional Administrator, Region IX, EPA, August 24, 2016.

    2 82 FR 30812 (July 3, 2017).

    3 2016 CARB Staff Report, Section V.H (“Bakersfield Area Monitor”), p. 23 and Section VII (“Staff Recommendation”), p. 24.

    Section 110(a)(1) of the CAA requires states to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within a shorter period that the EPA may prescribe. The EPA refers to such SIP submissions as “infrastructure SIPs.” This final rule pertains to infrastructure SIP requirements for ambient air quality monitoring.

    On July 18, 1997, the EPA revised the form and levels of the primary and secondary ozone standards to an 8-hour average of 0.08 parts per million (ppm).4 On March 12, 2008, the EPA revised the levels of the primary and secondary 8-hour ozone standards to 0.075 ppm.5 Each of these NAAQS revisions triggered the requirement for states to submit infrastructure SIPs, including provisions for ambient ozone monitoring.

    4 62 FR 38856 (July 18, 1997).

    5 73 FR 16436 (March 27, 2008).

    Section 110(a)(2)(B) of the CAA requires states to provide for the establishment and operation of ambient air quality monitoring to (i) monitor, compile, and analyze data, and (ii) make data available to the EPA Administrator upon request. For the 1997 ozone and 2008 ozone NAAQS, the San Joaquin Valley nonattainment area includes several MSAs and one Combined Statistical Area.

    California made SIP submissions in 2007 and 2014 to, among other things, address the requirements of section 110(a)(2)(B) and the EPA's implementing regulations for the 1997 ozone and 2008 ozone NAAQS. The EPA approved the submissions with respect to the ambient monitoring requirements with one exception: 6 We partially disapproved the submissions for CAA section 110(a)(2)(B) with respect to the 1997 ozone and 2008 ozone NAAQS for the Bakersfield MSA, which includes all of Kern County. Our partial disapproval was based on the closure of the MSA's maximum ozone concentration site located at Arvin-Bear Mountain Boulevard (i.e., Air Quality System (AQS) ID: 06-029-5001), without EPA approval of an alternative maximum ozone concentration site.7

    6 81 FR 18766 at 18772 (April 1, 2016).

    7 40 CFR part 58, Appendix D, 4.1(b) requires at least one site in each MSA to be designed to capture the maximum ozone concentration in that MSA.

    CARB had operated an ozone monitor at the Arvin-Bear Mountain Boulevard site for 20 years, and the highest ozone concentrations in the Bakersfield MSA generally occurred at this site or the Edison site (i.e., AQS ID: 06-029-0007), which continues to operate. Upon notification in 2009 that the site lease would not be renewed, CARB established a replacement site at the Arvin-Di Giorgio elementary school (i.e., AQS ID: 06-029-5002). This ozone monitor site relocation had not been approved by the EPA at the time of the EPA's 2014 partial disapproval of California's 2007 and 2014 infrastructure SIPs.

    Based on the 2016 Bakersfield Ozone Monitoring SIP, CARB's 2016 site relocation request,8 and the EPA's 2016 approval of that relocation request (included in the SIP submission as Appendix C to the 2016 CARB Staff Report), the EPA concluded that the Arvin-Di Giorgio site provided the most similar concentrations from similar sources to the Arvin-Bear Mountain Boulevard site and fulfilled the federal regulatory requirement that such replacement site be nearby and have the same scale of representation. In addition, we found that CARB's site relocation, as approved by the EPA consistent with 40 CFR 58.14, met the substantive requirements for site relocation under 40 CFR part 58 Appendix D, including the requirement under section 4.1(b) to designate a site to record the maximum ozone concentration in the Bakersfield MSA.

    8 Letter from K. Magliano, Chief, Air Quality Planning and Science Division, CARB to Meredith Kurpius, Manager, Air Quality Analysis Office, Region IX, EPA, April 29, 2016.

    II. Final Action

    The underlying basis of the EPA's 2014 disapproval has been adequately resolved via the approved site relocation for the maximum ozone concentration site in the Bakersfield MSA. Accordingly, the EPA is fully approving the 2016 Bakersfield Ozone Monitoring SIP for CAA section 110(a)(2)(B) for the 1997 ozone and 2008 ozone NAAQS, as authorized in section 110(k)(3) of the Act.

    In addition, the EPA previously approved an ozone emergency episode plan from El Dorado County APCD as meeting the requirements of CAA section 110(a)(2)(G) for the 1997 ozone and 2008 ozone NAAQS.9 That action resolved a separate, partial disapproval from the EPA's 2016 rulemaking on California's 2007 and 2014 infrastructure SIPs. However, we inadvertently did not remove certain paragraphs from the California SIP that reflected the earlier disapproval. Thus, as an administrative matter, we are removing the obsolete paragraphs, specifically 40 CFR 52.223(i)(7) and 40 CFR 52.223(l)(7), from the California SIP.

    9 81 FR 47300 (July 21, 2016).

    III. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

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

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 26, 2017. Alexis Strauss, Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(496) to read as follows:
    § 52.220 Identification of plan-in part.

    (c) * * *

    (496) The following plan was submitted on August 24, 2016, by the Governor's Designee.

    (i) [Reserved]

    (ii) Additional materials. (A) California Air Resources Board (CARB).

    (1) CARB Resolution 16-8, dated July 21, 2016, adopting the “2016 Ozone State Implementation Plan for the San Joaquin Valley.”

    (2) “Staff Report, ARB Review of the San Joaquin Valley 2016 Plan for the 2008 8-Hour Ozone Standard,” section V.H (“Bakersfield Area Monitor”) and Appendix C (“U.S. EPA Letter Regarding Arvin Site Relocation”), only.

    § 52.223 [Amended]
    3. Section 52.223 is amended by removing and reserving paragraphs (i)(1), (i)(7), (l)(1), and (l)(7).
    [FR Doc. 2017-21777 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0513; FRL-9969-12-Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS) and two state statutes into the SIP to address the requirements relating to conflicts of interest found in section 128 of the Clean Air Act (CAA). Section 110 of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as “infrastructure” SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

    DATES:

    This direct final rule will be effective December 11, 2017, without further notice, unless EPA receives adverse comment by November 13, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2017-0513, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” and “our” refer to EPA. This section provides additional information by addressing the following:

    I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is being addressed in this document?

    EPA is approving the revision as meeting the submittal requirement of section 110(a)(1). EPA is approving elements of the infrastructure SIP submission from the State of Missouri received on October 14, 2015. Specifically, EPA is approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)—prevention of significant deterioration of air quality (prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA intends to act on elements of section 110(a)(2)(D)(i)(I)—significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)—protection of visibility (prong 4) in subsequent rulemakings. EPA is taking no action section 110(a)(2)(I). EPA is also approving the state's request to include Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State Statute section 105.485 RSMo 2014 into the SIP. These two statutes address aspects of the infrastructure requirements relating to conflicts of interest as found in section 128 of the CAA.

    A Technical Support Document (TSD) is included as part of this docket to discuss the details of this action, including analysis of how the SIP meets the applicable 110 requirements for infrastructure SIPs.

    II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The state held a public comment period from July 27, 2015, to September 03, 2015. The state received no comments during the public comment period. A public hearing was held on August 27, 2015. The submission satisfied the completeness criteria of 40 CFR part 51, appendix V. As explained in more detail in the TSD, which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

    III. What action is EPA taking?

    We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the “Proposed Rules” section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule.

    EPA is approving elements of the October 14, 2015, infrastructure SIP submission from the State of Missouri, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 Annual PM2.5 NAAQS. As stated above, EPA is approving the revision as meeting the submittal requirement of section 110(a)(1) and approving the following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)—prevention of significant deterioration of air quality (prong 3), (D)(ii), (E) through (H), and (J) through (M). EPA intends to act on elements of section 110(a)(2)(D)(i)(I)—significant contribution to nonattainment (prong 1), interfering with maintenance of the NAAQs (prong 2) and 110(a)(2)(D)(i)(II)—protection of visibility (prong 4) in subsequent rulemakings. EPA is taking no action section 110(a)(2)(I).

    Section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas. EPA does not expect infrastructure SIP submissions to address element (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D.

    IV. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate Matter, Reporting and recordkeeping requirements, Sulfur Dioxides.

    Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR part 52 as set forth below:

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

    42 U.S.C. 7401 et seq.

    Subpart AA—Missouri 2. Amend § 52.1320 by adding paragraphs (e)(72) and (73) to read as follows:
    § 52.1320 Identification of plan.

    (e) * * *

    EPA-Approved Missouri Nonregulatory SIP Provisions Name of non-regulatory SIP provision Applicable
  • geographic or nonattainment area
  • State submittal date EPA approval date Explanation
    *         *         *         *         *         *         * (72) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) NAAQS Statewide 10/14/2015 10/11/2017, [Insert Federal Register citation] This action approves the following CAA elements: 110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)—prong 3, D((ii), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA-R07-OAR-2017-0513; FRL-9969-12—Region 7.] (73) Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State Statute section 105.485 RSMo 2014 Statewide 10/14/2015 10/11/2017, [Insert Federal Register citation] EPA-R07-OAR-2017-0513; FRL-9969-12—Region 7.
    [FR Doc. 2017-21806 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2017-0298; FRL-9969-01-Region 8] Approval and Promulgation; State of Utah; Salt Lake County and Utah County Nonattainment Area Coarse Particulate Matter State Implementation Plan Revisions To Control Measures for Point Sources AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is finalizing approval of certain State Implementation Plan (SIP) revisions submitted by Utah on January 4, 2016, and of certain revisions submitted on January 19, 2017, for the coarse particulate matter (PM10) national ambient air quality standard (NAAQS) in the Salt Lake County and Utah County PM10 nonattainment areas. The revisions that the EPA is approving are located in Utah Division of Administrative Rule (DAR) R307-110-17 and SIP Subsection IX.H.1-4, and establish emissions limits for PM10, NOX and SO2 for certain stationary sources in the nonattainment areas. These actions are being taken under section 110 of the Clean Air Act (CAA).

    DATES:

    This final rule is effective on November 13, 2017.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2017-0298. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information.

    FOR FURTHER INFORMATION CONTACT:

    James Hou, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6210, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Under the 1990 amendments to the CAA, Salt Lake and Utah Counties were designated nonattainment for PM10 and classified as moderate areas by operation of law as of November 15, 1990 (56 FR 56694, 56840; November 6, 1991). On July 8, 1994, the EPA approved the PM10 SIP for the Salt Lake and Utah County Nonattainment Areas (59 FR 35036). The SIP included a demonstration of attainment and various control measures, including emission limits at stationary sources.

    On January 4, 2016, Utah submitted SIP revisions to R307-110-17 titled “Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits” and revisions to Subsection IX.H.1-4. The titles for Subsection IX.H.1-4 include: (1) General Requirements: Control Measures for Area and Point Sources, Emission Limits and Operating Practices, PM10 Requirements; (2) Source Specific Emission Limitations in Salt Lake County PM10 Nonattainment/Maintenance Area; (3) Source Specific Emission Limitations in Utah County PM10 Nonattainment/Maintenance Area; and (4) Interim Emission Limits and Operating Practices. Additionally, on January 19, 2017, Utah submitted revisions to Subsection IX.H.1-4. Further discussion of the revisions to R307-110-17 and Subsection IX.H.1-4 can be found below.

    On July 13, 2017 (82 FR 32287), the EPA proposed to approve certain SIP revisions to the Salt Lake County and Utah County NAA Moderate area SIPs submitted by the State. Our proposed notice provides details on the EPA's evaluation of the State's submittals. The submittals dated January 4, 2016, and January 19, 2017, contained revisions to the Utah DAR, Title R307—Environmental Quality, set of rules, and SIP subsection IX.H.1-4.

    II. Response to Comments

    The EPA did not receive any comments on the July 13, 2017 proposed action.

    III. Final Action

    For the reasons stated in our proposed notice, the EPA is finalizing approval of revisions to Administrative Rule R307-110-17 and revisions to Subsection IX.H.1-4 for incorporation into the Utah SIP as submitted by the State of Utah on January 4, 2016, and January 19, 2017. These revisions establish emissions limitations and related requirements for certain stationary sources of PM10, NOX and SO2, and will therefore serve to continue progress towards attainment and maintenance of the PM10 NAAQS in the nonattainment areas. The revisions reflect more stringent emission levels for total emissions of PM10, SO2, and NOX for each of the affected facilities, as well as updates of the inventory of major stationary sources to accurately reflect the current sources in both the Salt Lake County and Utah County nonattainment areas (e.g., removing sources which no longer exist, or are now covered under an area source rule). The updated list of sources and revised emission limits for the major stationary sources in the two nonattainment areas will serve to enhance both area's ability to attain or maintain the NAAQS.

    The specific emission limits and operating practices the EPA is finalizing for approval are listed in the following tables:

    Table 1—Source Specific Emission Limitations in the Salt Lake County PM10 Nonattainment Area Source Pollutant Process unit Mass based limits Concentration based
  • limits
  • Alternative emission
  • limits
  • Big West Oil PM10 Facility Wide 1.037 tons per day (tpd) NOX Facility Wide 0.8 tpd SO2 Facility Wide 0.6 tpd Bountiful City Light and Power NOX GT#1 0.6 g NOX/kW-hr NOX GT#2 and GT#3 7.5 lb NOX/hr Central Valley Water Reclamation Facility NOX Facility Wide 0.648 tpd Chevron Products Company PM10 Facility Wide 0.715 tpd NOX Facility Wide 2.1 tpd SO2 Facility Wide 1.05 tpd Hexcel Corporations 5.50 MMscf natural gas per day. 0.061 MM pounds of carbon fiber produced per day. Holly Refining and Marketing Company PM10 Facility Wide 0.416 tpd NOX Facility Wide 2.09 tpd SO2 Facility Wide 0.31 tpd Kennecott Utah Copper: Bingham Canyon Mine Maximum of 30,000 miles for waste haul trucks per day. Fugitive road dust emission control requirements. Kennecott Copperton Concentrator Requirement to operate a gas scrubber operated in accordance with parametric monitoring. Kennecott Utah Copper: Power Plant and Tailings Impoundment PM10 Power Plant Unit #5 18.8 lb/hr. NOX Power Plant Unit #5 2.0 ppmdv (15% O2 dry). NOX Power Plant Unit #5 Startup/Shutdown 395 lb/hr. PM10 (Filterable) Units #1, #2, #3, and #4
  • Nov 1-Feb 28/29
  • 0.004 grains/dscf.
    PM10 (Filterable + Condensable) Units #1, #2, #3, and #4 Nov 1-Feb 28/29 0.03 grains/dscf. NOX Units #1, #2, and #3 Nov 1-Feb 28/29 336 ppmdv (3% O2). NOX Unit #4 Nov 1-Feb 28/29 336 ppmdv (3% O2). PM10 (Filterable) Units #1, #2, and #3; Mar 1-Oct 1 0.029 grains/dscf. PM10 (Filterable + Condensable) Units #1, #2, and #3; Mar 1-Oct 1 0.29 grains/dscf. PM10 (Filterable) Unit #4; Mar 1-Oct 1 0.029 grains/dscf. NOX Units #1, #2, and #3; Mar 1-Oct 1 426.5 ppmdv (3% O2). NOX Unit #4; Mar 1-Oct 1 384 ppmdv (3% O2). Kennecott Utah Copper: Smelter and Refinery PM10 (Filterable) Main Stack 89.5 lb/hr. PM10 (Filterable + Condensable) Main Stack 439 lb/hr. SO2 (3-hr rolling avg) Main Stack 552 lb/hr. SO2 (daily avg) Main Stack 422 lb/hr. NOX (daily avg) Main Stack 154 lb/hr. NOX Refinery: Sum of 2 tank house boilers 9.5 lb/hr. NOX Refinery: Combined Heat Plant 5.96 lb/hr. NOX Molybdenum Autoclave Project: Combined Heat Plant 5.01 lb/hr. PacifiCorp Energy: Gadsby Power Plant NOX Steam Unit #1 179 lb/hr. NOX Steam Unit #2 204 lb/hr. NOX Steam Unit #3 142 lb./hr. (Nov 1-Feb 28/29). NOX Steam Unit #3 203 lb/hr (Mar 1-Oct 31). Tesoro Refining and Marketing Company PM10 Facility Wide 2.25 tpd NOX Facility Wide 1.988 tpd. SO2 Facility Wide 3.1 tpd. University of Utah NOX Boiler #3 187 ppmdv (3% O2 Dry). Boiler #4a & #4b 9 ppmdv (3% O2 Dry). Boiler #5a & #5b 9 ppmdv (3% O2 Dry). Turbine 9 ppmdv (3% O2 Dry). Turbine and WHRU Duct burner 15 ppmdv (3% O2 Dry). West Valley Power 1 NOX Sum of all five turbines 1,050 lb/day. 1 West Valley Power was not a listed source in the 1994 SIP for the Salt Lake County PM10 NAA.
    Table 2—Source Specific Emission Limitations in the Utah County PM 10 Nonattainment Area Source Pollutant Process unit Mass based limits Concentration
  • based limits
  • Alternative
  • emission limits
  • Brigham Young University NOX Unit #1 2 9.55 lb/hr 95 ppmdv (7% O2 Dry). NOX Unit #2 37.4 lb/hr. 331 ppmdv (7% O2 Dry) SO2 Unit #2 56.0 lb/hr 597 ppmdv (7% O2 Dry). NOX Unit #3 37.4 lb/hr 331 ppmdv (7% O2 Dry). SO2 Unit #3 56.0 lb/hr 597 ppmdv (7% O2 Dry). NOX Unit #4 3 19.2 lb/hr 127 ppmdv (7% O2 Dry). NOX Unit #5 74.8 lb/hr 331 ppmdv (7% O2 Dry). SO2 Unit #5 112.07 lb/hr 597 ppmdv (7% O2 Dry). NOX Unit #6 3 19.2 lb/hr 127 ppmdv (7% O2 Dry). Geneva Nitrogen Inc.: Geneva Plant PM10 Prill Tower 0.236 tpd PM2.5 Prill Tower 0.196 tpd. NOX Montecatini Plant 30.8 lb/hr. NOX Weatherly Plant 18.4 lb/hr. PacifiCorp Energy: Lakeside Power Plant NOX Block #1 Turbine/HRSG Stacks 14.9 lb/hr. NOX Block #2 Turbine/HRSG Stacks 18.1 lb/hr. Payson City Corporation: Payson City Power NOX All engines combined 1.54 tpd. Provo City Power: Power Plant NOX All engines combined 2.45 tpd. Springville City Corporation: Whitehead Power Plant NOX All engines combined 1.68 tpd. 2 The NOX limit for Unit #1 is 95 ppm (9.55 lb/hr) until it operates for more than 300 hours during a rolling 12-month period, then the limit will be 36 ppm (5.44 lb/hr). This will be accomplished through the installation of low NOX burners with Flue Gas Recirculation. 3 The NOX limit for Units #4 and #6 is 127 ppm (38.5 lb/hr) until December 31, 2018, at which time the limit will then be 36 ppm (19.2 lb/hr).
    Table 3—Interim Emission Limits and Operating Practices 4 Source Pollutant Process unit Mass based limits Concentration based
  • limits
  • Alternative emission
  • limits
  • Big West Oil PM10 Facility Wide 0.377 tpd Oct 1-Mar 31.
  • 0.407 tpd April 1-Sept 30
  • SO2 Facility Wide 2.764 tpd Oct 1-March 31 3.639 tpd April 1-Sept 30 NOX Facility Wide 1.027 tpd Oct 1-Mar 31 1.145 tpd Apr 1 - Sep 30 Chevron Products Company PM10 Facility Wide 0.234 tpd SO2 Facility Wide 0.5 tpd. NOX Facility Wide 2.52 tpd. Holly Refining and Marketing Company PM10 Facility Wide 0.44 tpd. SO2 Facility Wide 4.714 tpd. NOX Facility Wide 2.20 tpd. Tesoro Refining and Marketing Company PM10 Facility Wide 0.261 tpd. SO2 Facility Wide 3.699 tpd Nov 1-Feb 28/29-4.374 tpd Mar 1-Oct 31 NOX Facility Wide 1.988 tpd. 4 This section establishes interim emission limits for sources whose new emission limits under Subsections IX.H.2 and 3 are based on controls that are not currently installed, with the provision that all necessary controls needed to meet the emission limits under Subsection IX.H.2 and IX.H.3 shall be installed by January 1, 2019.
    IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Utah Division of Administrative Rules described in the amendments set forth to 40 CFR part 52 below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1

    1 62 FR 27968 (May 22, 1997).

    V. Statutory and Executive Order Reviews A. General Requirements

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

    • Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

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

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

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

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

    • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

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

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

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

    B. Congressional Review Act

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

    C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organization compounds.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 25, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart TT—Utah 2. Section 52.2320 is amended as follows: a. In the table in paragraph (c), by revising under the centered heading “R307-110. General Requirements: State Implementation Plan,” the table entry for “R307-110-17”; b. In the table in paragraph (e), by revising under the centered heading “IX. Control Measures for Area and Point Sources,” the table entry for “Section IX.H.1. Fine Particulate Matter (PM10), Emission Limits and Operating Practices (Utah County)”; c. In the table in paragraph (e), by adding under the centered heading “IX. Control Measures for Area and Point Sources.” table entries for “Section IX.H.2. Source Specific Emission Limitations in Salt Lake County PM10 Nonattainment/Maintenance Area;” “Section IX.H.3. Source Specific Emission Limitations in Utah County PM10 Nonattainment/Maintenance Area;” and “Section IX.H.4. Interim Emission Limits and Operating Practices” in numerical order.

    The revision reads as follows:

    § 52.2320 Identification of plan.

    (c) * * *

    Rule No. Rule title State
  • effective date
  • Final rule
  • citation, date
  • Comments
    *         *         *         *         *         *         * R307-110. General Requirements: State Implementation Plan *         *         *         *         *         *         * R307-110-17 Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits 12/8/2016 [Insert Federal Register citation]
  • 10/11/2017
  • Except for Section IX.H.21.e. which is conditionally approved through one year from 7/5/16, IX.H.21.g., Sections of IX.H.21 that reference and apply to the source specific emission limitations disapproved in Section IX.H.22, and Sections IX.H.22.a.ii-iii, IX.H.22.b.ii, and IX.H.22.c.
    *         *         *         *         *         *         *

    (e) * * *

    Rule title State
  • effective date
  • Final rule
  • citation, date
  • Comments
    *         *         *         *         *         *         * IX. Control Measures for Area and Point Sources *         *         *         *         *         *         * Section IX.H.1. General Requirements: Control Measures for Area and Point Sources, Emission Limits and Operating Practices, PM10 Requirements 12/3/2015 [Insert Federal Register citation]
  • 10/11/2017
  • Section IX.H.2. Source Specific Emission Limitations in Salt Lake County PM10 Nonattainment/Maintenance Area 12/3/2015
  • 12/8/2016
  • [Insert Federal Register citation]
  • 10/11/2017
  • Section IX.H.3. Source Specific Emission Limitations in Utah County PM10 Nonattainment/Maintenance Area 12/3/2015 [Insert Federal Register citation]
  • 10/11/2017
  • Section IX.H.4. Interim Emission Limits and Operating Practices 12/3/2015 [Insert Federal Register citation]
  • 10/11/2017
  • *         *         *         *         *         *         *
    [FR Doc. 2017-21778 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0268; FRL-9969-10—Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standard (NAAQS). Section 110 of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as “infrastructure” SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

    DATES:

    This direct final rule will be effective December 11, 2017, without further notice, unless EPA receives adverse comment by November 13, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2017-0268, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” and “our” refer to EPA. This section provides additional information by addressing the following:

    I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is being addressed in this document?

    EPA is approving the revision as meeting the submittal requirement of section 110(a)(1). EPA is approving elements of the infrastructure SIP submission from the State of Missouri received on April 30, 2013. Specifically, EPA is approving the following elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)-protection of visibility (prong 4)), and (J) through (M). EPA is not acting on section 110(a)(2)(I) as it does not expect infrastructure SIP submissions to address the element. EPA will act on prong 4 in a separate action. A Technical Support Document (TSD) is included in this docket to discuss the details of this action, including analysis of how the SIP meets the applicable 110 requirements for infrastructure SIPs.

    II. Have the requirements for approval of a SIP revision been met?

    The state's submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The state held a public hearing on March 28, 2013 and a public comment period from February 25, 2013 to April 4, 2013. EPA provided comments to the state on April 3, 2013, and were the only commenters. The state revised its proposed SIP in response to EPA's comments and the revisions were contained in the SIP submitted to EPA on April 30, 2013. The submission satisfied the completeness criteria of 40 CFR part 51, appendix V. As explained in more detail in the TSD, which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

    III. What action is EPA taking?

    EPA is taking direct final action to approve elements of the April 30, 2013, infrastructure SIP submission from the State of Missouri, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2010 NO2 NAAQS. As stated in above preamble, EPA is approving the revision as meeting the submittal requirement of section 110(a)(1) and approving the following elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)-protection of visibility (prong 4)), and (J) through (M). EPA is not acting on section 110(a)(2)(I) as it does not expect infrastructure SIP submissions to address the element. EPA will act on prong 4 in a separate action.

    Section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas. EPA does not expect infrastructure SIP submissions to address element (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. EPA will take action on part D attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D.

    We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the “Proposed Rules” section of this issue of the Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule.

    IV. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

    List of Subjects in 40 CFR Part 52

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

    Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR part 52 as set forth below:

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

    42 U.S.C. 7401 et seq.

    Subpart—AA Missouri 2. Amend § 52.1320 in the table in paragraph (e) by adding an entry for “(64) Sections 110 (a)(1) and 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQS” in numerical order to read as follows:
    § 52.1320 Identification of plan.

    (e) * * *

    EPA-Approved Missouri Nonregulatory SIP Provisions Name of non-regulatory SIP revision Applicable
  • geographic or
  • nonattainment
  • area
  • State
  • submittal
  • date
  • EPA Approval
  • date
  • Explanation
    *         *         *         *         *         *         * (64) Sections 110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQS Statewide 4/30/13 10/11/2017 [Insert Federal Register citation] This action approves the following CAA elements: 110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II)-prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(I) is not applicable. [EPA-R07-OAR-2017-0268; FRL-XXXX—Region 7.] *         *         *         *         *         *         *
    [FR Doc. 2017-21805 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 2 and 27 [GN Docket No. 12-268: DA 17-887] Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Commission modifies the Table of Frequency Allocations (Allocations Table) in of its rules, as well as modifying four of its rules, to conform them to the results of the broadcast television incentive auction. This action ensures that the Commission's rules accurately reflect revisions that occurred because of that auction.

    DATES:

    Effective November 13, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Tom Mooring, Office of Engineering and Technology, 202-418-2450, [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Order, GN Docket No. 12-268, DA 17-887, adopted September 11, 2017, and released September 13, 2017. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 20554. The full text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0714/FCC-17-95A1.pdf.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    Summary of Order

    1. In the Incentive Auction Report and Order (R&O) in this proceeding, 79 FR 48442 (August 15, 2014), the Commission adopted rules to implement the incentive auction to allow spectrum that is used for broadcast television under a broadcasting service allocation to be repurposed for new services and applications under fixed and mobile services allocations. Under the auction design, the Commission provided that varying amounts of spectrum within the 512-698 MHz range could potentially be repurposed for such use as a result of the incentive auction. As part of the Incentive Auction R&O, the Commission amended the Allocations Table to add entries for primary non-Federal fixed and mobile services in the 512-608 MHz (UHF TV channels 2136) and 614698 MHz (UHF TV channels 38-51) bands, as well as corresponding cross-references to the Miscellaneous Wireless Communications Services, part 27, in the “FCC Rule Part(s)” column of the Allocations Table. Recognizing that the particular amount of television broadcast spectrum that would ultimately be repurposed would not be known until the incentive auction concluded, the Commission adopted specific 600 MHz band plan scenarios that would correspond to a range of different auction results. It further delegated authority to the Chief of the Office of Engineering and Technology to take such actions as are necessary to modify the Allocations Table to reflect the outcome of the incentive auction. As part of this pre-auction process, the Commission also modified certain of the part 27 rules to include generic references to the frequencies that could be assigned to new wireless services depending on the outcome of the incentive auction.

    2. The April 13, 2017 Closing and Channel Reassignment Public Notice in this proceeding announced the completion of the reverse and forward auctions and the channel reassignments and reallocations made in the repacking process, including the specific 600 MHz band plan effectuated by the auction and repacking process. Under this band plan (the 600 MHz Band Plan), TV broadcasting spectrum associated with Channels 38-51 (614-698 MHz) was repurposed to include 70 megahertz of licensed spectrum (seven paired five megahertz channel blocks) for 600 MHz service wireless licensees that will operate under part 27 of the rules. The 600 MHz Band Plan is comprised of: (1) The 600 MHz band licensed for the 600 MHz service wireless licensees (which includes a downlink (617-652 MHz) band and an uplink (UL, 663-698 MHz) band); (2) the 600 MHz duplex gap (652-663 MHz) between these bands; and (3) the 600 MHz guard band (614-617 MHz) between Channel 37 (608-614 MHz), which is presently being used by the Wireless Medical Telemetry Service (WMTS) and the Radio Astronomy Service (RAS), and the 600 MHz band downlink band (617-652 MHz). The April 13, 2017 release date of the Closing and Channel Reassignment Public Notice also triggered the start of the 39-month post-auction transition period, which will end on July 13, 2020.

    3. Based on the results of the incentive auction, we hereby modify the Allocations Table. Specifically, we delete the primary fixed and mobile service allocations and part 27 cross reference from the 512-608 MHz band and return the band to its pre-auction allocation status. We also revise the entries for the 614-698 MHz band by deleting the primary broadcasting service allocation and removing the part 73 cross reference to account for post-auction fixed and mobile use by 600 MHz service wireless licensees that will operate under part 27 of the rules and new footnote NG33. This change reflects use of these frequencies for broadcasting during and after the 39-month post-auction transition period as discussed below. In addition, we revise the text of three non-Federal Government footnotes (NG5, NG14, and NG149) that provide for limited flexible use of the television broadcast bands, including the 614-698 MHz band, by providing a cross reference to new footnote NG33.

    4. To fully account for the various licensed services and unlicensed devices that will operate in the 614-698 MHz band during and after the transition, we add new footnote NG33 to the Allocations Table. Pursuant to the Commission's direction, the footnote authorizes operations of: (1) Full power and Class A television stations on a primary basis in the 614-698 MHz band (i.e., TV channels 38-51) until such stations terminate operations on their preauction channels, (2) licensed low power television (LPTV) and TV translator station operations on a secondary basis in the 614-698 MHz band under part 74 Subpart G, (3) licensed fixed broadcast auxiliary service (BAS) operations (which include TV studio-transmitter link (STL), TV relay, and TV translator relay station operations) on a secondary basis in the 614-698 MHz band under part 74 Subpart F, (4) licensed wireless microphone and other low power auxiliary station (LPAS) operations and wireless assist video device (WAVD) operations on a secondary basis under part 74 Subpart H, (5) unlicensed wireless microphone operations under part 15 on a non-interference basis, on frequencies in the 614-698 MHz band, and (6) unlicensed white space device operations under part 15 on a non-interference basis on frequencies in the 614-698 MHz band.

    5. Based on the results of the incentive auction, we also modify four rules in part 27. We revise section 27.1(b)(14) to replace a generic reference to the 470-698 MHz UHF band with a specific reference to “617-652 MHz and 663-698 MHz,” to follow the 600 MHz Band Plan and be consistent with the way the rule is structured. We also modify section 27.5, which lists available frequencies, channel blocks, and geographic areas of licensing, by revising paragraph (l) to state that the 600 MHz Band (for the 600 MHz service) consists of seven pairs of 5 megahertz channel blocks available for assignment on a Partial Economic Area basis, and to identify the frequencies associated with blocks A through G. Section 27.6 specifies the Partial Economic Areas for each of the frequency bands and channel blocks listed in section 27.5. We revise the text of 27.6(l) to reference additional details recently provided by the Wireless Telecommunications Bureau about licensing in the 600 MHz band by Partial Economic Areas. Lastly, we revise section 27.11(k) to specify the 600 MHz Band (i.e., the 617-652 MHz downlink band and 663-698 MHz uplink band) and to add a cross-reference to the frequency blocks specified in Section 27.5(l).

    6. We conclude that there is good cause for not employing the prior notice and comment procedure specified in the Administrative Procedure Act (APA) in this case. The rule modifications here implement the Commission's prior rulemaking decisions issued following notice-and-comment procedures in the incentive auction proceeding with respect to the 600 MHz Band and the end date of the post-auction transition period. These specific frequency bands and dates were not known until the close of the incentive auction on April 13, 2017 with the release of the Closing and Channel Reassignment Public Notice. In implementing these rule revisions, we have no discretion to deviate from the auction results and the Commission's prior rulemaking decisions. Under these circumstances, we find that notice and comment under section 553 of the APA, 5 U.S.C. 553, would be unnecessary.

    7. We take this action to modify the Allocations Table and to make conforming amendments to the rules under authority expressly delegated by the Commission in the Incentive Auction R&O and the authority delegated in part 0 of the Commission's rules. The specific edits to the Allocations Table and service rules described herein are contained in the Final Rules.

    8. Because this Order is being adopted without notice and comment, the Regulatory Flexibility Act does not apply.

    9. The rules contained herein have been analyzed with respect to the Paperwork Reduction Act of 1995 and found to contain no new or modified form, information collection, and/or recordkeeping, labeling, disclosure, or record retention requirements, and will not increase or decrease burden hours imposed on the public. In addition, therefore, this Order does not contain any new or modified “information collection burden for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002.

    10. The Commission will send a copy of the Order in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

    11. Accordingly, it is ordered that parts 2 and 27 of the Commission's Rules, 47 CFR parts 2 and 27, are amended as set forth in the Final Rules, effective 30 days after the date of publication in the Federal Register. This action is taken pursuant to authority found in sections 4(i) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303; in section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B); in Sections 0.31, 0.131, 0.241 and 0.331 of the Commission's Rules, 47 CFR 0.31, 0.131, 0.241 and 0.331; and in Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and Order, 29 FCC Rcd 6567 (2014).

    List of Subjects 47 CFR Part 2

    Telecommunications.

    47 CFR Part 27

    Communications equipment.

    Federal Communications Commission. Ronald T. Repasi, Deputy Chief, Office of Engineering and Technology. Final Rules

    For the reasons discussed in the preamble, the Federal Communications Commission amends parts 2 and 27 of Title 47 of the Code of Federal Regulations to read as follows:

    PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for part 2 continues to read as follows: Authority:

    47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

    2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Pages 29 and 30 are revised. b. In the list of Non-Federal Government (NG) Footnotes, footnotes NG5, NG14, and NG149 are revised and footnote NG33 is added.

    The revisions and additions read as follows:

    § 2.106 Table of Frequency Allocations. BILLING CODE 6712-01-P ER11OC17.006 ER11OC17.007 BILLING CODE 6712-01-C Non-Federal Government (NG) Footnotes

    NG5 In the band 535-1705 kHz, AM broadcast licensees and permittees may use their AM carrier on a secondary basis to transmit signals intended for both broadcast and non-broadcast purposes. In the band 88-108 MHz, FM broadcast licensees and permittees are permitted to use subcarriers on a secondary basis to transmit signals intended for both broadcast and non-broadcast purposes. In the bands 54-72, 76-88, 174-216, 470-608, and 614-698 MHz, TV broadcast licensees and permittees are permitted to use subcarriers on a secondary basis for both broadcast and non-broadcast purposes. Use of the band 614-698 MHz is subject to the provisions specified in NG33.

    NG14 TV broadcast stations authorized to operate in the bands 54-72, 76-88, 174-216, 470-608, and 614-698 MHz may use a portion of the television vertical blanking interval for the transmission of telecommunications signals, on the condition that harmful interference will not be caused to the reception of primary services, and that such telecommunications services must accept any interference caused by primary services operating in these bands. Use of the band 614-698 MHz is subject to the provisions specified in NG33.

    NG33 In the band 614-698 MHz, the following provisions shall apply:

    (a) Until July 13, 2020, stations in the broadcasting service and other authorized uses may operate as follows:

    (1) Full power and Class A television (TV) stations, i.e., broadcast TV stations, may operate on a co-equal, primary basis with stations in the fixed and mobile services until such stations terminate operations on their pre-auction television channels in accordance with § 73.3700(b)(4).

    (2) Low power TV (LPTV) and TV translator stations may operate on a secondary basis to stations in the fixed and mobile services and to broadcast TV stations, and fixed TV broadcast auxiliary stations may operate on a secondary basis to LPTV and TV translator stations, unless such stations are required to terminate their operations earlier in accordance with § 73.3700(g)(4) or § 74.602(h)(5)-(6).

    (3) Low power auxiliary stations (LPAS), including wireless assist video devices (WAVDs), may operate on a secondary basis to all other authorized stations in accordance with § 74.802(f) and § 74.870(i).

    (4) Unlicensed wireless microphones and white space devices (WSDs) may operate on a non-interference basis, unless such devices are required to terminate operations earlier in accordance with § 15.236(c)(2) or § 15.707(a)(1)-(2), (5), respectively.

    (b) After July 13, 2020, only the following types of radiofrequency devices that are authorized in paragraph (a) may continue to operate:

    (1) LPTV and TV translator stations may operate on a secondary basis to stations in the fixed and mobile services in the sub-bands 617-652 MHz and 663-698 MHz until required to terminate their operations in accordance with § 73.3700(g)(4).

    (2) LPAS may operate in the sub-band 653-657 MHz and unlicensed wireless microphones may operate in the sub-bands 614-616 MHz and 657-663 MHz.

    (3) WSDs may operate in: (i) The sub-bands 617-652 MHz and 663-698 MHz, except in those areas where their use is prohibited in accordance with §§ 15.707(a)(5) and 15.713(b)(2)(iv), and (ii) the sub-band 657-663 MHz, in accordance with § 15.707(a)(4).

    NG149  The bands 54-72, 76-88, 174-216, 470-608, and 614-698 MHz are also allocated to the fixed service to permit subscription television operations in accordance with 47 CFR part 73. Use of the band 614-698 MHz is subject to the provisions specified in NG33.

    PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES 3. The authority citation for part 27 continues to read as follows: Authority:

    47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452, unless otherwise noted.

    4. Section 27.1 is amended by revising paragraph (b)(14) to read as follows:
    § 27.1 Basis and purpose.

    (b) * * *

    (14) 617-652 MHz and 663-698 MHz.

    5. Section 27.5 is amended by revising paragraph (l) to read as follows:
    § 27.5 Frequencies.

    (l) 600 MHz band. The 600 MHz band (617-652 MHz and 663-698 MHz) has seven pairs of 5 megahertz channel blocks available for assignment on a Partial Economic Area basis as follows:

    Block A: 617-622 MHz and 663-668 MHz;

    Block B: 622-627 MHz and 668-673 MHz;

    Block C: 627-632 MHz and 673-678 MHz;

    Block D: 632-637 MHz and 678-683 MHz;

    Block E: 637-642 MHz and 683-688 MHz;

    Block F: 642-647 MHz and 688-693 MHz; and

    Block G: 647-652 MHz and 693-698 MHz.

    6. Section 27.6 is amended by revising paragraph (l) to read as follows:
    § 27.6 Service areas.

    (l) 600 MHz band. Service areas for the 600 MHz band are based on Partial Economic Areas (PEAs) as defined by Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, Public Notice, 29 FCC Rcd 6491, App. B (2014). The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The service area of the Gulf of Mexico PEA (PEA 416) that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf.

    7. Section 27.11 is amended by revising paragraph (k) to read as follows:
    § 27.11 Initial authorization.

    (k) 600 MHz band. Initial authorizations for the 600 MHz band will be based on Partial Economic Areas (PEAs), as specified in § 27.6(1), and, shall be paired channels that each consist of a 5 megahertz channel block in the 600 MHz downlink band (617-652 MHz), paired with a 5 megahertz channel block in the 600 MHz uplink band (663-698 MHz), based on the frequency blocks specified in § 27.5(l).

    [FR Doc. 2017-21790 Filed 10-10-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 51 [GN Docket No. 13-5, RM-11358; WC Docket No. 13-3; FCC 16-90] Technology Transitions, USTelecom Petition for Declaratory Ruling That Incumbent Local Exchange Carriers Are Non-Dominant in the Provision of Switched Access Services, Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers and Special Access for Price Cap Local Exchange Carriers AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule; announcement of effective date.

    SUMMARY:

    In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's network change disclosure rules pertaining to copper retirement notices. This document is consistent with the Technology Transitions Declaratory Ruling, Second Report and Order, and Order on Reconsideration, FCC 16-90, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

    DATES:

    The amendment to 47 CFR 51.329(c)(1) published at 81 FR 62632, September 12, 2016, is effective on October 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Michele Levy Berlove, Attorney Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This document announces that, on January 17, 2017, OMB approved, for a period of three years, the information collection requirements relating to the network change disclosure rules contained in the Commission's Technology Transitions Declaratory Ruling, Second Report and Order, and Order on Reconsideration, FCC 16-90, published at 81 FR 62632, September 12, 2016.

    The OMB Control Number is 3060-0741. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, Room A-C620, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-0741, in your correspondence. The Commission will also accept your comments via email at [email protected]

    To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on January 17, 2017, for the information collection requirements contained in the modifications to the Commission's rules in 47 CFR part 51. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number.

    No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-0741.

    The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.

    The total annual reporting burdens and costs for the respondents are as follows:

    OMB Control Number: 3060-0741.

    OMB Approval Date: January 17, 2017.

    OMB Expiration Date: January 31, 2020.

    Title: Technology Transitions, GN Docket No. 13-5, et al., Declaratory Ruling, Report and Order, and Order on Reconsideration.

    Form Number: N/A.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 5,357 respondents; 573,767 responses.

    Estimated Time per Response: 0.5-8 hours.

    Frequency of Response: On occasion reporting requirements; recordkeeping; third party disclosure.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority is contained in 47 U.S.C. 222 and 251. Total Annual Burden: 575,840 hours.

    Total Annual Cost: No cost(s).

    Nature and Extent of Confidentiality: The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules.

    Privacy Act: No impact(s).

    Needs and Uses: Section 251 of the Communications Act of 1934, as amended, 47 U.S.C. 251, is designed to accelerate private sector development and deployment of telecommunications technologies and services by spurring competition. Section 222(e) is also designed to spur competition by prescribing requirements for the sharing of subscriber list information. These OMB collections are designed to help implement certain provisions of sections 222(e) and 251, and to eliminate operational barriers to competition in the telecommunications services market. Specifically, these OMB collections will be used to implement (1) local exchange carriers' (“LECs”) obligations to provide their competitors with dialing parity and non-discriminatory access to certain services and functionalities; (2) incumbent local exchange carriers' (“ILECs”) duty to make network information disclosures; and (3) numbering administration. The Commission estimates that the total annual burden of the entire collection, as revised, is 575,840 hours. This revision relates to a change in one of many components of the currently approved collection—specifically, certain reporting, recordkeeping and/or third-party disclosure requirements under section 251(c)(5). In August 2015, the Commission adopted new rules concerning certain information collection requirements implemented under section 251(c)(5) of the Act, pertaining to network change disclosures. The changes to those rules apply specifically to a certain subset of network change disclosures, namely notices of planned copper retirements. The changes are designed to provide interconnecting entities adequate time to prepare their networks for the planned copper retirements and to ensure that consumers are able to make informed choices. In July 2016, the Commission revised § 51.329(c) of its network change disclosure rules to make available to filers new titles applicable to copper retirement notices. The Commission estimates that the revision does not result in any additional outlays of funds for hiring outside contractors or procuring equipment.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2017-21766 Filed 10-10-17; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363-7275-02] RIN 0648-XF735 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017-2018 Commercial Accountability Measure and Closure for King Mackerel in the Gulf of Mexico Western Zone AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will be reached by October 7, 2017. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on October 7, 2017. This closure is necessary to protect the Gulf king mackerel resource.

    DATES:

    The closure is effective at noon, local time, October 7, 2017, until 12:01 a.m., local time, on July 1, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights for Gulf king mackerel below apply as either round or gutted weight.

    On April 11, 2017, NMFS published a final rule to implement Amendment 26 to the FMP in the Federal Register (82 FR 17387). That final rule adjusted the management boundaries, zones, and annual catch limits for Gulf migratory group king mackerel (Gulf king mackerel) (82 FR 21314, May 8, 2017). The commercial quota for the Gulf king mackerel in the Gulf western zone is 1,136,000 lb (515,281 kg) for the current fishing year, July 1, 2017, through June 30, 2018 (50 CFR 622.384(b)(1)(i)).

    The western zone of Gulf king mackerel is located in the EEZ between a line extending east from the border of the United States and Mexico, and 87°31.1′ W. long., which is a line extending south from the state boundary of Alabama and Florida. The western zone includes the EEZ off Texas, Louisiana, Mississippi, and Alabama.

    Regulations at 50 CFR 622.388(a)(1)(i) require NMFS to close the commercial sector for Gulf king mackerel in the western zone when the commercial quota is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the commercial quota of 1,136,000 lb (515,281 kg) for Gulf king mackerel in the western zone will be reached by October 7, 2017. Accordingly, the western zone is closed to commercial fishing for Gulf king mackerel effective at noon, local time, October 7, 2017, through June 30, 2018, the end of the current fishing year.

    During the closure, a person on board a vessel that has been issued a valid Federal commercial or charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain the king mackerel in the western zone under the recreational bag and possession limits specified in 50 CFR 622.382(a)(1)(ii) and (a)(2), as long as the recreational sector for Gulf king mackerel in the western zone is open (50 CFR 622.384(e)(1)).

    Also during the closure, king mackerel from the closed zone, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to king mackerel from the closed zone that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor (50 CFR 622.384(e)(2)).

    Classification

    The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Gulf king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws.

    This action is taken under 50 CFR 622.384(e) and 622.388(a)(1)(i), and is exempt from review under Executive Order 12866.

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

    This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the commercial quota and the associated AM has already been subject to notice and public comment, and all that remains is to notify the public of the closure. Additionally, allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the king mackerel stock, because the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial quota.

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 5, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-21908 Filed 10-5-17; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF732 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels equal to or greater than 60 feet (18.3 meters) length overall (LOA) using pot gear to catcher/processors using pot gear and catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of Pacific cod to be harvested.

    DATES:

    Effective October 6, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

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

    The 2017 Pacific cod total allowable catch (TAC) specified for catcher vessels greater than or equal to 60 feet LOA using pot gear in the BSAI is 17,889 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017).

    The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that catcher vessels greater than or equal to 60 feet LOA using pot gear will not be able to harvest 2,500 mt of the remaining 2017 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(5). Therefore, in accordance with § 679.20(a)(7)(iii), taking into account the capabilities of the sectors to harvest reallocated amounts of Pacific cod, and following the hierarchies set forth in § 679.20(a)(7)(iii)(A) and § 679.20(a)(7)(iii)(B), NMFS reallocates 1,000 mt of Pacific cod to C/Ps using pot gear and 1,500 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

    The harvest specifications for Pacific cod included in the final 2017 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and two inseason adjustments (82 FR 8905, February 1, 2017 and 82 FR 41899, September 5, 2017) are revised as follows: 15,389 mt for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear, 4,194 mt for C/Ps using pot gear, and 9,071 mt for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified from catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear to C/Ps using pot gear and catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI management area. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 28, 2017.

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

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 6, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-22073 Filed 10-6-17; 4:15 pm] BILLING CODE 3510-22-P
    82 195 Wednesday, October 11, 2017 Proposed Rules FEDERAL RESERVE SYSTEM 12 CFR Parts 211 and 238 [Docket No. R-1569] RIN 7100-AE82 Large Financial Institution Rating System; Regulations K and LL AGENCY:

    Board of Governors of the Federal Reserve System (Board).

    ACTION:

    Notice of proposed rulemaking; extension of comment period.

    SUMMARY:

    On August 17, 2017, the Board published in the Federal Register a proposed new rating system for its supervision of large financial institutions. To facilitate effective public comment, the Board has determined that an extension of the public comment period until November 30, 2017, is appropriate. This action will allow interested persons additional time to analyze the proposal and prepare their comments.

    DATES:

    The comment period for the notice of proposed rulemaking published on August 17, 2017 (82 FR 39049), is extended. Comments on the proposal must be received on or before November 30, 2017.

    ADDRESSES:

    Interested parties are invited to submit written comments by following the instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.

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

    Email: [email protected] Include the docket number in the subject line of the message.

    Fax: (202) 452-3819 or (202) 452-3102.

    Mail: Address to Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments will be made available on the Board's Web site at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room 3515, 1801 K Street NW. (between 18th and 19th Street NW.), Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

    FOR FURTHER INFORMATION CONTACT:

    Richard Naylor, Associate Director, (202) 728-5854, Vaishali Sack, Manager, (202) 452-5221, April Snyder, Manager, (202) 452-3099, Bill Charwat, Senior Project Manager, (202) 452-3006, Division of Supervision and Regulation, Scott Tkacz, Senior Counsel, (202) 452-2744, or Christopher Callanan, Senior Attorney, (202) 452-3594, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551. For the hearing impaired only, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869.

    SUPPLEMENTARY INFORMATION:

    On August 17, 2017, the Board published in the Federal Register a proposed new rating system for its supervision of large financial institutions. The proposed “Large Financial Institution Rating System” is closely aligned with the Federal Reserve's new supervisory program for large financial institutions. The proposed rating system would apply to all bank holding companies with total consolidated assets of $50 billion or more; all non-insurance, non-commercial savings and loan holding companies with total consolidated assets of $50 billion or more; and U.S. intermediate holding companies of foreign banking organizations established pursuant to the Federal Reserve's Regulation YY. The proposed rating system includes a new rating scale under which component ratings would be assigned for capital planning and positions, liquidity risk management and positions, and governance and controls; however, a standalone composite rating would not be assigned. The Federal Reserve proposes to assign initial ratings under the new rating system during 2018. The Federal Reserve is also seeking comment on proposed revisions to existing provisions in Regulations K and LL so they would remain consistent with certain features of the proposed rating system.

    In recognition of the range of issues addressed and the variety of considerations involved with implementing the proposal, the Board requested that commenters respond to a number of questions. The proposal stated that the public comment period would close on October 16, 2017.1

    1Id.

    The Board believes that the additional period for comment will facilitate public comment on the provisions of the proposal and the questions posed by the Board. Therefore, the Board is extending the end of the comment period for the proposal from October 16, 2017, to November 30, 2017.

    By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, October 5, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-21860 Filed 10-10-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 4 [Docket No. TTB-2016-0011; Notice No. 165A; Re: Notice No. 165] RIN 1513-AC24 Proposed Addition of New Grape Variety Names for American Wines; Comment Period Reopening AGENCY:

    Alcohol and Tobacco Tax and Trade Bureau, Treasury.

    ACTION:

    Notice of proposed rulemaking; reopening of comment period.

    SUMMARY:

    The Alcohol and Tobacco Tax and Trade Bureau is reopening for an additional 60 days the comment period for Notice No. 165, Proposed Addition of New Grape Variety Names for American Wines, a notice of proposed rulemaking published in the Federal Register on November 17, 2016. TTB is taking this action in response to requests from several wine industry members and trade associations.

    DATES:

    The comment period for the proposed rule published on November 17, 2016 (81 FR 81023) is reopened for 60 days. Written comments on Notice No. 165 are now due on or before December 11, 2017.

    ADDRESSES:

    Please send your comments on Notice No. 165 to one of the following addresses:

    Internet: https://www.regulations.gov (via the online comment form for Notice No. 165 as posted within Docket No. TTB-2016-0011 at Regulations.gov, the Federal e-rulemaking portal);

    U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or

    Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005.

    See the Public Participation section of Notice No. 165 for specific instructions and requirements for submitting comments, and for information on how to request a public hearing.

    You may view copies of this document, Notice No. 165, and any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. TTB-2016-0011. A link to that docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 165. You also may view copies of this document, Notice No. 165, and any comments made to TTB about the described proposals by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. Please call (202) 453-2270 to make an appointment.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Berry, Alcohol and Tobacco Tax and Trade Bureau, Regulations and Rulings Division; telephone 202-453-1039, ext. 275.

    SUPPLEMENTARY INFORMATION:

    In Notice No. 165, a notice of proposed rulemaking published in the Federal Register on November 17, 2016 (81 FR 81023), the Alcohol and Tobacco Tax and Trade Bureau (TTB) requested public comment on proposals to amend its wine labeling regulations by adding a number of new names to the list of grape variety names approved for use in designating American wines, removing one existing entry and replacing it with a slightly different name, and correcting the spelling of another existing entry. The proposed amendments would allow wine bottlers to use additional approved grape variety names on wine labels and in wine advertisements. The 60-day comment period for Notice No. 165 originally closed on January 17, 2017.

    During the original comment period, TTB received three requests to extend the comment period. The first request came from the National Association of Beverage Importers (NABI), an alcohol beverage industry trade association, and requested a 60-day extension of the comment period for Notice No. 165. In its request, NABI noted that Notice No. 165 was issued during the busy holiday season when many compliance personnel took vacation time, and it noted that the proposed list of 51 new grape variety names includes terms that appear as brand names on various beverage alcohol products. The NABI request stated that its members require additional time “to assure that potential conflicts, confusion, misunderstanding or other issues are brought to the attention of TTB.” The NABI comment is posted as Comment 5 within Docket No. TTB-2016-0011 on the Regulations.gov Web site at https://www.regulations.gov.

    The second request was submitted on behalf of the French Federation of Wine and Spirits Exporters (FEVS), and it also requested a 60-day extension of the comment period for Notice No. 165 (see Comment 9). The FEVS comment noted that it was unable to gather enough information to comment on the proposals in Notice No. 165, including the proposed addition of Esprit to the approved list of grape names “due to an extended holiday season.” The comment stated that FEVS required additional time to finalize its research of the COLA database and to bring to TTB's attention any potential conflicts between Esprit as an approved grape name and common terms used in wine brand or fanciful names.

    The third request was submitted by the law firm of Dickerson, Peatman and Fogarty on behalf of “certain French wine producers that sell wine into the U.S. under a brand or fanciful name that includes the word “Esprit” (see Comment 18). The comment added that these producers only recently became aware of the proposed addition of Esprit to the list of approved grape names for American wines and are concerned that such action may adversely impact their intellectual property rights and ability to sell their wine in the U.S. The commenter, therefore, requested an extension of the comment period but did not specify a time period.

    In response to these requests, TTB is reopening the comment period for Notice No. 165 for an additional 60 days. TTB believes that an additional 60-day comment period will allow all interested parties to fully consider the impact of the new grape varietal names for American wines proposed in Notice No. 165.

    Therefore, comments on Notice No. 165 are now due on or before December 11, 2017. Comments on Notice No. 165 may be submitted as described above in the ADDRESSES section of this document.

    Drafting Information

    Michael Hoover of the Regulations and Rulings Division drafted this document.

    Signed: September 28, 2017. John J. Manfreda, Administrator.
    [FR Doc. 2017-21810 Filed 10-10-17; 8:45 am] BILLING CODE 4810-31-P
    DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Parts 4 and 24 [Docket No. TTB-2016-0005; Notice No. 160B; Re: Notice Nos. 160 and 160A] RIN 1513-AC27 Proposed Revisions to Wine Labeling and Recordkeeping Requirements; Comment Period Reopening AGENCY:

    Alcohol and Tobacco Tax and Trade Bureau, Treasury.

    ACTION:

    Notice of proposed rulemaking; reopening of comment period.

    SUMMARY:

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reopening for an additional 90 days the comment period for Notice No. 160, Proposed Revisions to Wine Labeling and Recordkeeping Requirements, a notice of proposed rulemaking published in the Federal Register on June 22, 2016. In Notice No. 160, TTB proposed to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin only if the wine is labeled in compliance with the standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB also proposed to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement. TTB is reopening the comment period a second time in response to requests from a number of commenters. In addition, TTB is also soliciting comments on alternative proposals put forth by commenters during the previous public comment periods for Notice No. 160.

    DATES:

    The comment period for the proposed rule published on June 22, 2016 (81 FR 40584) is reopened for 90 days. Written comments on Notice No. 160 are now due on or before January 9, 2018.

    ADDRESSES:

    Please send your comments on Notice No. 160 to one of the following addresses:

    Internet: https://www.regulations.gov (via the online comment form for this document, Notice No. 160B, as posted within Docket No. TTB-2016-0005 at “Regulations.gov,” the Federal e-rulemaking portal);

    U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or

    Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005.

    See the Public Participation section of Notice No. 160 for specific instructions and requirements for submitting comments, and for information on how to request a public hearing.

    You may view copies of this document, Notice Nos. 160 and 160A, and any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. TTB-2016-0005. A link to that docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 160. You also may view copies of this document, Notice Nos. 160 and 160A, and any comments made to TTB about the described proposals by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. Please call (202) 453-2270 to make an appointment.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Berry, Alcohol and Tobacco Tax and Trade Bureau, Regulations and Rulings Division; telephone (202) 453-1039, ext. 275.

    SUPPLEMENTARY INFORMATION:

    In Notice No. 160, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposed to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin only if the wine is labeled in compliance with the standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB also proposed to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement. The 60-day comment period for Notice No. 160 originally closed on August 22, 2016.

    On September 8, 2016, TTB published Notice No. 160A to reopen the comment period for an additional 90 days. This action was taken in response to requests received from two wine industry trade associations, Wine Institute and the California Association of Winegrape Growers, who stated that their membership was preoccupied with the grape harvest and thus needed additional time to assess the proposal contained in Notice No. 160 (see comments 7 and 41). Based on comments received up to that point, TTB also requested comments regarding whether any geographic reference to the source of the grapes used in the wine could be included on a wine label in a way that would not be misleading with regard to the source of the wine. The reopened comment period closed December 7, 2016.

    A number of commenters responded to TTB's request in Notice No. 160A for comments on whether any geographic references to the source of the grapes used in a wine could be included on the label in a way that would not be misleading. Some of the proposals received suggest that geographic references could be included in such a way. Suggestions included proposals that TTB allow the following type of statements on wine labels:

    • __% of grapes grown in ____ [location], Produced and Bottled in ____ [location].

    • “Grapes sourced in California.”

    • The use of American viticultural area (AVA) names modified by “grapes” (i.e., “Napa Valley Grapes).”

    The most detailed proposal was submitted in a joint comment by Napa Valley Vintners and Wine Institute, posted as Comment 108 within Docket No. TTB-2016-0005 at www.regulations.gov. The two trade associations supported the adoption of the proposals made in Notice No. 160, but stated that “to the extent TTB is inclined to adopt regulations that would allow a COLA-exempt wine to also include grape source information,” they believe their proposal “protects the integrity of the appellation labeling system while also providing consumers with meaningful, truthful, and non-misleading information to identify grape source.” The comment also noted that California law would prohibit certain wines labeled with grape source information from being sold in that State, but that Napa Valley Vintners and Sonoma County Vintners would sponsor and advocate for an amendment to California law in the event that TTB amended its regulations as proposed in the comment.

    Their proposal has four main components:

    • TTB should adopt Notice No. 160 in its entirety so that all wines identified with an AVA name or appellation of origin are subject to the same Federal standards.

    • Grape source information (which they state is distinct from appellations) could be allowed on the label as optional information if it includes all of the following: (1) The name of the county or counties and State or States, or just the State(s), where all of the grapes are grown. County names must be identified with the word “county” in the same type size and in letters as conspicuous as the name of the county; (2) The percentage of wine derived from grapes grown in each county or State shown on the label, with a tolerance of +\− 2 percent; and (3) The city and State, or just the State, where the wine was fully finished.

    • Grape source information should not contain any reference to an AVA name or a name of viticultural significance or a confusingly similar name, other than a county or a State. In their example, a label could disclose the grape source as “Napa County, California,” but it could not include a claim that the grapes are from “Napa Valley,” which is an AVA name.

    • Wines labeled with grape source information must be labeled with the “United States” country appellation of origin pursuant to 27 CFR 4.25(a)(1)(i). Use of this country appellation gives wineries the ability to include a vintage date and variety designation on their labels while at the same time signaling to consumers that the wine does not meet the Federal requirements for State, county, or AVA appellation of origin designations.

    While the comment specifically addressed wines covered by certificates of exemption from label approval, it is unclear to TTB if this alternative proposal would also apply to wines subject to the labeling requirements of the Federal Alcohol Administration Act and labeled under a certificate of label approval.

    In addition to the proposals discussed above, TTB received seven comments requesting an additional extension of the comment period for Notice No. 160. Six of these request an additional 90 days to comment, while the seventh requests an extension of an unspecified amount of time. Some of these comments state that additional time is needed given the complexity of the issues, while others state that an extension of the comment period will allow time for wine industry members to reach a consensus on the proposal.

    Determination To Reopen the Public Comment Period

    In response to the requests to extend the comment period, TTB is reopening the comment period for Notice No. 160 for an additional 90 days. We believe that 90 days will provide industry members and the public with the additional time necessary to fully consider both the original proposal put forth in Notice No. 160 and the alternative proposals discussed above. Therefore, comments on Notice No. 160 are now due to TTB on or before January 9, 2018.

    In addition to comments on the alternative proposals discussed above, TTB is interested in comments that address whether the alternative proposals should apply only to wines labeled under certificates of exemption for label approval, or if they should also apply to wines labeled under certificates of label approval, in which case corresponding amendments to the labeling regulations in part 4 would be necessary. TTB is also interested in comments regarding whether these proposals should apply to non-grape wines. Please provide specific information in support of your comments.

    Submission of New Comments

    Comments on the original proposal put forth in Notice No. 160 and the alternative proposals discussed above may be submitted electronically via the online comment form for this document, Notice No. 160B, as posted within Docket No. TTB-2016-0005 at “Regulations.gov,” the Federal e-rulemaking portal. Comments may also be submitted via U.S. mail or hand delivery as described above in the ADDRESSES section of this document.

    Drafting Information

    Jennifer Berry of the Regulations and Rulings Division drafted this document.

    Signed: September 28, 2017. John J. Manfreda, Administrator.
    [FR Doc. 2017-21817 Filed 10-10-17; 8:45 am] BILLING CODE 4810-31-P
    DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 24 [Docket No. TTB-2016-0010; Notice No. 164A; Re: Notice No. 164] RIN 1513-AB61 Wine Treating Materials and Related Regulations; Comment Period Reopening AGENCY:

    Alcohol and Tobacco Tax and Trade Bureau, Treasury.

    ACTION:

    Notice of proposed rulemaking; reopening of comment period.

    SUMMARY:

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reopening for an additional 90 days the comment period for Notice No. 164, Wine Treating Materials and Related Regulations, a notice of proposed rulemaking published in the Federal Register on November 22, 2016. TTB is taking this action in response to requests from wine industry members and trade associations.

    DATES:

    The comment period for the proposed rule published on November 22, 2016 (81 FR 83752) is reopened for 90 days. Written comments on Notice No. 164 are now due on or before January 9, 2018.

    ADDRESSES:

    Please send your comments on Notice No. 164 to one of the following addresses:

    Internet: https://www.regulations.gov (via the online comment form for Notice No. 164 as posted within Docket No. TTB-2016-0010 at Regulations.gov, the Federal e-rulemaking portal);

    U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or

    Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005.

    See the Public Participation section of Notice No. 164 for specific instructions and requirements for submitting comments, and for information on how to request a public hearing.

    You may view copies of this document, Notice No. 164, and any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. TTB-2016-0010. A link to that docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 164. You also may view copies of this document, Notice No. 164, and any comments made to TTB about the described proposals by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. Please call (202) 453-2270 to make an appointment.

    FOR FURTHER INFORMATION CONTACT:

    Kara Fontaine, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone (202) 453-1039, ext. 103.

    SUPPLEMENTARY INFORMATION:

    In Notice No. 164, a notice of proposed rulemaking published in the Federal Register on November 22, 2016 (81 FR 83752), the Alcohol and Tobacco Tax and Trade Bureau (TTB) requested public comment on amendments to its regulations pertaining to the production of wine and in particular in regard to the permissible treatments that may be applied to wine and to juice from which wine is made. TTB issued the proposed amendments in response to requests from wine industry members to authorize certain wine treating materials and processes not currently authorized by TTB regulations. In Notice No. 164, TTB invited comments on the proposed regulatory changes and the wine treatments and materials issues addressed in that document. The 60-day comment period for Notice No. 164 originally closed on January 23, 2017.

    On December 27, 2016, TTB received a letter from the Wine Institute, a large wine industry trade association based in San Francisco, California, requesting a six-month extension of the comment period on the wine treating materials and other regulatory amendments proposed in Notice No. 164. In its letter, the Wine Institute stated that its members required additional time to consider the “complex, highly technical proposal” contained in Notice No. 164, as well as the document's request for input on other regulatory issues. The Wine Institute also noted that TTB's proposal was published during the busy holiday season, and that it required additional time to reach out to its members and other wine industry trade associations to discuss how best to respond to Notice No. 164. The Wine Institute letter is posted as Comment 3 to Notice No. 164 within Docket No. TTB-2016-0010 on the Regulations.gov Web site at https://www.regulations.gov. In addition, TTB received one comment supporting the Wine Institute's request for an extension of the comment period (see Comment 4).

    On January 9, 2017, TTB received a letter from Laffort USA, a producer of wine treating materials, which also requested a six-month extension of the comment period for Notice No. 164. In its letter, Laffort USA noted the proposed rulemaking requested comments “on many other topics of great relevance to the U.S. wine industry,” and that it the comment period “covered the entire holiday season.” The Laffort USA letter is posted as Comment 5 to Notice No. 164 within Docket No. TTB-2016-0010 on the Regulations.gov Web site at https://www.regulations.gov.

    In response to these requests, TTB is reopening the comment period for Notice No. 164 for an additional 90 days. TTB notes that the wine treating materials discussed in the regulatory amendments in Notice No. 164 have been previously approved administratively for use by wine industry members in the treatment of their wine. TTB believes that a 90-day reopening of the comment period for Notice No. 164 will allow all interested parties to fully consider the regulatory amendments proposed in that document.

    Therefore, comments on Notice No. 164 are now due to TTB on or before January 9, 2018. Comments on Notice No. 164 may be submitted as described above in the ADDRESSES section of this document.

    Drafting Information

    Michael Hoover of the Regulations and Rulings Division drafted this document.

    Signed: September 28, 2017. John J. Manfreda, Administrator.
    [FR Doc. 2017-21809 Filed 10-10-17; 8:45 am] BILLING CODE 4810-31-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2018-1; Order No. 4142] Data Enhancements and Reporting Requirements for Flats AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Advance notice of proposed rulemaking.

    SUMMARY:

    The Commission is initiating a proceeding to explore enhancements to the Postal Service's data systems and to facilitate the development of consistent reporting requirements. This document informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: December 4, 2017.

    ADDRESSES:

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background III. Next Step IV. Ordering Paragraphs I. Introduction

    The Commission initiates this proceeding to explore potential enhancements to the Postal Service's data systems and to facilitate the development of consistent reporting requirements. These data enhancements and reporting requirements will be used to measure, track, and report the cost and service performance issues concerning flat-shaped mailpieces (flats).

    II. Background

    In the FY 2015 ACD, the Commission identified and analyzed six “pinch points” that contribute to cost and service issues for flats: 1

    1 Docket No. ACR2015, Annual Compliance Determination Report, Fiscal Year 2015, March 28, 2016, at 165 (FY 2015 ACD).

    • Bundle processing • Low productivity on automated equipment • Manual sorting • Productivity and service issues in allied operations • Increased transportation time and cost • Last mile/delivery

    Using data available at the time, the Commission identified and discussed flats cost and/or service issues for each individual pinch point. See FY 2015 ACD at 165-180. However, the Commission acknowledged that there was a “lack of comprehensive data” which prevents the Postal Service and the Commission from measuring the impact of specific initiatives designed to improve cost and service issues for flats. Id. at 180.

    The Commission directed the Postal Service to identify a method to measure, track, and report the cost and service performance issues relating to each individual pinch point identified by the Commission at the most granular level practicable. Id. at 181. To increase transparency, the Commission requested certain information in support of the identified method: Available data to support methods to measure, track and report on cost and service issues related to flats, information on the cost to produce and aggregate current data, additional data that would be needed to support a method to measure, track and report on cost and service issues related to flats and the cost to produce that data, and the identification of information necessary to develop, implement, monitor, and quantify results for a comprehensive plan to improve flats service performance and cost coverage if an ideal data system were available. Id.

    The Postal Service responded to the Commission's Chapter 6 directive on July 26, 2016.2 The Postal Service provided an extensive discussion of data systems that could be used to measure certain aspects of individual pinch points; however, it did not provide a specific method for each pinch point to measure, track, and report on cost and service issues related to flats. To redirect the Postal Service's response, the Commission issued Commission Information Request No. 1.3 In Order No. 3539, the Commission scheduled an off-the-record technical conference on October 21, 2016, to determine the status of the Postal Service's proposed methods as requested in the original Commission Directive.4 The Postal Service filed its response to CIR No. 1 on November 28, 2016.5 In both its 120-Day Response and in its Response to CIR No. 1, the Postal Service provided general information related to all pinch points, and information specific to each individual pinch point. The Postal Service's responses were informative; however, the Commission found that neither response addressed the Commission's original and main request to develop a method to measure, track, and report the cost and service performance issues relating to the individual pinch points.6 The Postal Service stated that the information it provided is “the first step in an evolutionary process to develop a set of data reports that the Commission and the Postal Service can agree add value to the question of how best to track and report on metrics that will ultimately lead to improvements in the service and efficiency of flats processing.” Response to CIR No. 1 at 3.

    2 Docket No. ACR2015, Third Response of the United States Postal Service to Commission Requests for Additional Information in the FY 2015 Annual Compliance Determination, Report Regarding Information about Flats Data Systems, July 26, 2016 (120-Day Response).

    3 Docket No. ACR2015, Commission Information Request No. 1, September 27, 2016 (CIR No. 1).

    4See Docket No. ACR2015, Order Scheduling Technical Conference, September 27, 2016 (Order No. 3539).

    5 Docket No. ACR2015, Response of the United States Postal Service to Commission Information Request No. 1, November 28, 2016 (Response to CIR No. 1).

    6 Docket No. ACR2016, Annual Compliance Determination Report, March 28, 2017, at 170.

    III. Next Steps

    Although the Postal Service discussed its data systems and proposed metrics for certain pinch points, the Postal Service did not explain how it will use this information to report on issues relating to flats. The Commission finds that measuring various cost and service impacts associated with flats will provide greater insight into the issues. Tracking these issues over time will assist the Commission and the Postal Service with developing solutions to reduce cost and improve service performance of flats. Reporting on these measures and tracking will enhance the transparency and ability of stakeholders with vested interests to participate in the development of a plan to improve flats cost and service issues.

    At this stage in the docket, and given the information already provided by the Postal Service, the Commission seeks to better understand the data collected by the Postal Service and the capabilities of the systems that collect that data. In the information request filed along with this Order, the Commission requests that the Postal Service provide additional information about certain data systems and reports. The information request seeks, among other things, information about the capabilities of the data systems, information about planned improvements to the data systems, and ideas as to how certain data systems could be used to measure the impact on flats costs and service performance issues. The Commission also requests certain summary data reports that are available from the various data systems. Responses to the information request should be submitted no later than 60 days from the date of this Order. If the Postal Service identifies any other data or information that would be helpful to the goal of measuring cost and service impacts on flats, the Postal Service should also submit it with the requested information.

    Once the information is received and analyzed, the Commission intends to schedule a technical conference to review the data submitted by the Postal Service and to better understand the capabilities of the Postal Service's systems. As explained above, the Commission intends to use information provided by the Postal Service in this proceeding to develop a detailed proposal of data enhancements and reporting requirements for consideration in this docket. The Commission will invite public comment on the detailed proposal before adopting any final rule. The Commission anticipates that this information will lead to the development of measureable goals to decrease the costs and improve the service performance of flats.

    IV. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. RM2018-1 to explore data enhancements and to facilitate the development of consistent reporting requirements that will be used to evaluate the cost and service performance issues associated with flats.

    2. Responses to the Commission Information Request No. 1, in this docket, should be provided 60 days from the date of this Order.

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

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

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2017-21855 Filed 10-10-17; 8:45 am] BILLING CODE 7710-FW-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0513; FRL-9968-11-Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS) and two state statutes into the SIP to address the requirements relating to conflicts of interest found in section 128 of the Clean Air Act (CAA). Section 110 of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as “infrastructure” SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. In the “Rules and Regulations” section of this Federal Register, we are approving the state's SIP revisions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

    DATES:

    Comments must be received by November 13, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2017-0513, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This document proposes to take action on State of Missouri Infrastructure SIP Requirements for the 2012 Annual PM2.5 NAAQS. We have published a direct final rule approving the state's SIP revisions in the “Rules and Regulations” section of this Federal Register, because we view this as a noncontroversial action and anticipate no relevant adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxides.

    Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7.
    [FR Doc. 2017-21807 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0268; FRL 9969-09-Region 7] Approval of Missouri Air Quality Implementation Plans; Infrastructure SIP Requirements for the 2010 Nitrogen Oxide National Ambient Air Quality Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) revision from the State of Missouri for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality Standard (NAAQS). Section 110 of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as “infrastructure” SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. In the “Rules and Regulations” section of this issue of the Federal Register, we are approving the state's SIP revisions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

    DATES:

    Comments must be received by November 13, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2017-0268, to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7016, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This document proposes to take action on the State of Missouri Infrastructure SIP revision for the 2010 NO2 NAAQS. We have published a direct final rule approving the State's SIP revision(s) in the “Rules and Regulations” section of this issue of the Federal Register, because we view this as a noncontroversial action and anticipate no relevant adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document.

    List of Subjects in 40 CFR Part 52

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

    Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7.
    [FR Doc. 2017-21804 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    82 195 Wednesday, October 11, 2017 Notices DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of intent.

    SUMMARY:

    Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to Golden Valley Organics, Inc. (dba) BioWest Ag Solutions of Nampa, Idaho, an exclusive license to U.S. Patent No. 9,414,602, “PSEUDOMONAS FLUORESCENS INHIBIT ANNUAL BLUEGRASS AND ROUGH BLUEGRASS ROOT GROWTH AND GERMINATION”, issued on August 16, 2016.

    DATES:

    Comments must be received on or before November 13, 2017.

    ADDRESSES:

    Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

    FOR FURTHER INFORMATION CONTACT:

    Brian T. Nakanishi of the Office of Technology Transfer at the Beltsville address given above; telephone: 301-504-5989.

    SUPPLEMENTARY INFORMATION:

    The Federal Government's patent rights in this invention are assigned to the United States of America, as represented by the Secretary of Agriculture. It is in the public interest to so license this invention as Golden Valley Organics, Inc. (dba) BioWest Ag Solutions of Nampa, Idaho has submitted a complete and sufficient application for a license. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty (30) days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.

    Mojdeh Bahar, Assistant Administrator.
    [FR Doc. 2017-21953 Filed 10-10-17; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request October 5, 2017.

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

    Comments regarding this information collection received by November 13, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Rural Business-Cooperative Service

    Title: Annual Survey of Farmer Cooperatives.

    OMB Control Number: 0570-0007.

    Summary of Collection: The Rural Business Cooperative Service (RBS) was mandated the responsibility to acquire and disseminate information pertaining to agricultural cooperatives under the Cooperative Marketing Act of 1926: 7 U.S.C. 451-457 and Public Law 450. The primary objective of RBS is to promote understanding, use and development of the cooperative form of business as a viable option for enhancing the income of agricultural producers and other rural residents. The annual survey collects basic statistics on cooperative business volume, net income, members, financial status, employees, and other selected information to support RBS' objective and role. RBS will use a variety of forms to collect information.

    Need and Use of the Information: RBS uses the information collected to summarize for program planning, evaluation service work and cooperative analysis and education. The information collected and published in the annual report on farmer cooperatives supports and enhances most of the major functions of RBS. By not collecting this information, the RBS would have difficulties in carrying out its policy on farmer cooperatives.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 1,175.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 1,160.

    Rural Business-Cooperative Service

    Title: Repowering Assistance Program, 7 CFR 4288-A.

    OMB Control Number: 0570-0066.

    Summary of Collection: The Repowering Assistance Program is authorized under section 9004 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246). The objective of this program is to provide financial incentives to bio-refineries in existence on the date of the enactment of the 2008 Farm Bill; to replace the use of fossil fuels used to produce heat or power at their facilities by installing new systems that use renewable biomass, or to produce new energy from renewable biomass.

    Need and Use of the Information: Information gathered under this collection will be used to determine the eligibility of bio-refineries to participate in the program. The Agency will determine the amount of payments to be made to a bio-refinery under this program with consideration given to: (1) The quantity of fossil fuel a renewable biomass system is replacing; (2) the percentage reduction in fossil fuel used by the bio-refinery that will result from the installation of the renewable biomass system; and (3) the cost-effectiveness of the renewable biomass system. Failure to collect proper information could result in improper determinations of eligibility and improper payments.

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

    Number of Respondents: 6.

    Frequency of Responses: Recordkeeping; Reporting: On occasion; Monthly; Annually.

    Total Burden Hours: 462.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-21843 Filed 10-10-17; 8:45 am] BILLING CODE 3410-XY-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Alaska Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Alaska Advisory Committee (Committee) to the Commission will be held at 12:00 p.m. (Alaska Time) Thursday, October 19, 2017. The purpose of the meeting is for the Committee to discuss advisory memorandum and report writing schedule and debrief testimonies shared at the Alaska Native voting rights briefing.

    DATES:

    The meeting will be held on Thursday, October 19, 2017, at 12:00 p.m. AKDT.

    Public Call Information: Dial: 800-500-0920, Conference ID: 3399712.

    FOR FURTHER INFORMATION CONTACT:

    Ana Victoria Fortes (DFO) at [email protected] or (213) 894-3437.

    SUPPLEMENTARY INFORMATION:

    This meeting is available to the public through the following toll-free call-in number: 800-500-0920, conference ID number: 3399712. 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. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (213) 894-0508, or emailed to Ana Victoria Fortes at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (213) 894-3437.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at http://facadatabase.gov/committee/meetings.aspx?cid=234. Please click on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda I. Welcome II. Develop Advisory Memorandum and Report Writing Schedule III. Discuss Briefing Transcript IV. Public Comment V. Next Steps VI. Adjournment

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of this Committee doing work on the FY 2018 statutory enforcement report.

    Dated: October 5, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-21863 Filed 10-10-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments in Part; 2016 AGENCY:

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

    SUMMARY:

    In response to requests from interested parties, the Department of Commerce (the Department) is conducting the twelfth administrative review (AR) of the antidumping duty order on wooden bedroom furniture (WBF) from the People's Republic of China (PRC). The period of review (POR) is January 1, 2016, through December 31, 2016. This AR covers 13 companies, including one mandatory respondent, Decca Furniture Ltd. (Decca). The Department has preliminarily determined that four of the 13 companies, including Decca, have not established their entitlement to a separate rate and are part of the PRC-wide entity. The Department has also preliminarily determined that eight companies had no reviewable transactions during the POR. The Department has also rescinded the review for Nanhai Jiantai Woodwork Co., Ltd., Fortune Glory Industrial, Ltd. (HK Ltd.) (collectively, Fortune Glory), for whom all review requests have been withdrawn. We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable October 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Background

    After initiating this review with respect to 80 companies or company groupings,1 interested parties withdrew all review requests for 67 of the 80 companies. Thus, the Department rescinded this review with respect to those companies.2 On June 22, 2017, the Department issued an antidumping duty questionnaire to Decca, the only company under review that filed a separate rate application. Decca did not respond to the questionnaire. For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum which is hereby adopted by this notice.3

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 13795 (March 15, 2017) (Initiation Notice).

    2See Wooden Bedroom Furniture, From the People's Republic of China; Partial Rescission of Antidumping Duty Administrative Review, 82 FR 35929 (August 2, 2017).

    3See “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Wooden Bedroom Furniture from the People's Republic of China,” from James Maeder, Senior Director, performing the duties of Deputy Assistant Secretary for Antidumping Duty and Countervailing Duty Operations, to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance (Preliminary Decision Memorandum), dated concurrently with 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 http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.

    Scope of the Order

    The product covered by the Order is wooden bedroom furniture, subject to certain exceptions.4 On August 29, 2017, the petitioners filed comments addressing a U.S. Customs and Border Protection (CBP) ruling indicating that CBP would no longer use certain harmonized tariff schedules subheadings to classify items within the scope of the Order.5 In light of the petitioners' comments, we have preliminarily revised the scope to include the harmonized tariff schedule numbers under which subject merchandise is entered. Under the revised scope, imports of subject merchandise are classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 9403.90.7005, 9403.90.7080, 9403.50.9041, 9403.60.8081, 9403.20.0018, 9403.90.8041, 7009.92.1000 or 7009.92.5000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description in the Order remains dispositive. Barring any changes to this revised language between the issuance of the preliminary and final results, this revision will be effective as of the final results of this review. For a complete description of the scope of the Order and discussion of the revisions to the harmonized tariff schedule numbers in the scope, please see the Preliminary Decision Memorandum.

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

    5See letter from the petitioners, re: “Wooden Bedroom Furniture From China: Petitioners' Comments Regarding The Upcoming Preliminary Results,” dated August 29, 2017.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.213. For a full description of the methodology underlying our preliminary results of review, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided in the Appendix to this notice.

    Preliminary Determination of No Shipments

    Because CBP did not provide any information contradicting the claims of the eight companies under review which claimed to have made no shipments, the Department preliminarily determines that these eight companies did not have any reviewable transactions during the POR.6 For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with the Department's practice in non-market economy (NME) cases, the Department is not rescinding this AR, in part, with respect to these eight companies, but intends to complete the review with respect to the companies for which it has preliminarily found no shipments and issue appropriate instructions to CBP based on the final results of the review.7

    6 The eight companies/company groupings are: (1) Dongguan Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd., Shanghai Sunrise Furniture Co., Ltd., Fairmont Designs; (2) Dongguan Sunrise Furniture Co., Taicang Sunrise Wood Industry, Co., Ltd., Taicang Fairmont Designs Furniture Co., Ltd., Meizhou Sunrise Furniture Co., Ltd.; (3) Eurosa (Kunshan) Co., Ltd.; Eurosa Furniture Co., (PTE) Ltd.; (4) Golden Well International (HK) Limited; Zhangzhou Xym Furniture Product Co., Ltd.; (5) RiZhao Sanmu Woodworking Co., Ltd.; (6) Shenyang Shining Dongxing Furniture Co., Ltd.; (7) Woodworth Wooden Industries (Dong Guan) Co., Ltd.; and (8) Yeh Brothers World Trade Inc.

    7See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the “Assessment Rates” section, below.

    Separate Rates

    Because Decca was the only company under review that submitted a separate rate application, the Department selected Decca as the sole mandatory respondent in this review. As noted above, Decca did not respond to the Department's antidumping duty questionnaire. Therefore, the Department preliminarily determines that Decca Furniture did not establish its eligibility for separate rate status. In addition, three other companies for which a review was requested failed to provide separate rate applications or certifications.8 Therefore, the Department preliminarily determines that these four companies are part of the PRC-wide entity. Because no party requested a review of the PRC-wide entity, the entity is not under review, and the entity's rate of 216.01 percent is not subject to change.9 For additional information regarding this determination, see the Preliminary Decision Memorandum.

    8 The three companies are: (1) Changshu HTC Import & Export Co., Ltd.; (2) Starwood Industries Ltd.; and (3) U-Rich Furniture (Zhangzhou) Co., Ltd.; U-Rich Furniture Ltd.

    9See Second Amended Final Results of Antidumping Duty Administrative Review: Wooden Bedroom Furniture from the People's Republic of China, 72 FR 62834 (November 7, 2007).

    Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, the petitioners withdrew their request for an administrative review with respect to Fortune Glory within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order with respect to Fortune Glory. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this review of the AD order on wooden bedroom furniture from the PRC with respect to Fortune Glory.

    Public Comment

    Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically using ACCESS, within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this review are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2).

    Any interested party may request a hearing within 30 days of publication of this notice.10 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 the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the case briefs. If a request for a hearing is made, parties will be notified of the time and date of the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.11

    10See 19 CFR 351.310(c).

    11See 19 CFR 351.310(d).

    Unless extended, the Department intends to issue the final results of this AR, which will include the results of its analysis of issues raised in any briefs received, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

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

    Upon issuing the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.12 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. We intend to instruct CBP to liquidate entries of subject merchandise exported by the PRC-wide entity, including Decca and the other three companies noted above which did not qualify for separate rate status, at the PRC-wide rate. Additionally, pursuant to the Department's practice in NME cases, if we continue to determine that the eight companies noted above had no shipments of subject merchandise, any suspended entries of subject merchandise during the POR under their case numbers will be liquidated at the PRC-wide rate.13

    12See 19 CFR 351.212(b).

    13 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) 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 rate for the PRC-wide entity, which is 216.01 percent; and (3) 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 that supplied that non-PRC exporter.

    These deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers

    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 Department'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 351.213.

    Dated: October 2, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum (1) Summary (2) Background (3) Revisions to Harmonized Tariff Schedule Numbers in the Scope (4) Scope of the Order (5) Discussion of the Methodology a. NME Country Status b. Separate Rates c. Preliminary Determination of No Shipments d. Partial Rescission (6) Conclusion
    [FR Doc. 2017-21877 Filed 10-10-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF742 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Scallop Plan Development Team and Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Wednesday, October 25, 2017 at 9:30 a.m.

    ADDRESSES:

    The meeting will be held at the Hilton Garden Inn Logan Airport, 100 Boardman Street, Boston, MA 02128; phone: (617) 567-6789.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION: Agenda

    The Scallop Plan Development Team (PDT) and Advisory Panel (AP) will review Framework (FW) 29 alternatives and analyses. The primary focus of this meeting will be to provide input on the range of specification alternatives. FW 29 will set specifications including ABC/ACLs, days at sea, access area allocations, total allowable catch for the Northern Gulf of Maine (NGOM) management area, targets for General Category incidental catch and set-asides for the observer and research programs for fishing year 2018 and default specifications for fishing year 2019. Management measures in FW 29 include: (1) Flatfish accountability measures; (2) NGOM Management measures; (3) Measures to access area boundaries consistent with potential changes to habitat and groundfish mortality closed areas. They will also make recommendations on 2018 scallop work priorities. The PDT and AP will discuss scallop related issues under consideration in groundfish FW 57. Other business may be discussed as necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at 978-465-0492, at least 5 days prior to the meeting date. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-21888 Filed 10-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF740 Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 51 assessment webinar IV for Gulf of Mexico gray snapper.

    SUMMARY:

    The SEDAR 51 assessment process of Gulf of Mexico gray snapper will consist of a Data Workshop, a series of assessment webinars, and a Review Workshop.

    DATES:

    The SEDAR 51 assessment webinar IV will be held October 30, 2017 from 1 p.m.-3 p.m. Eastern Time.

    ADDRESSES:

    Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julie A. Neer, SEDAR Coordinator; (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion during the assessment webinar IV are as follows:

    1. Using datasets and initial assessment analysis recommended from the Data Workshop, panelists will employ assessment models to evaluate stock status, estimate population benchmarks and management criteria, and project future conditions.

    2. Participants will recommend the most appropriate methods and configurations for determining stock status and estimating population parameters.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 5 business days prior to each workshop.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-21887 Filed 10-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF744 Pacific Fishery Management Council; Public Meeting (Webinar) AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Ad hoc Community Advisory Board (CAB) will hold a two-day meeting in Portland, OR. The meeting is open to the public.

    DATES:

    The meeting will be held on Tuesday, October 24, 2017 and Wednesday, October 25, 2017, from 8 a.m. each morning until business for each day has been completed.

    ADDRESSES:

    The meeting will be held at the Sheraton Portland Airport Hotel, Garden A/B/C Room, 8235 NE Airport Way, Portland, OR 97220; telephone: (503) 281-2500.

    Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Jim Seger, Pacific Council; telephone: (503) 820-2416.

    SUPPLEMENTARY INFORMATION:

    The primary purpose of the CAB meeting is to review the public review draft of the catch share program five-year review document and continue to develop ranges of alternatives for Pacific Council consideration at the November 2017 Pacific Council meeting. The issues to be covered were identified by the Pacific Council at its June 2017 meeting, and include: Meeting the at-sea whiting fishery bycatch needs; trawl sablefish area management (including limits on gear switching); shoreside individual fishing quota (IFQ) accumulation limit; shoreside IFQ choke species management; and catcher-processor sector accumulation limits on permit ownership and harvesting/processing. Ranges of alternatives are to be developed and finalized for analysis over the course of the November 2017 and March/April 2018 Pacific Council meetings. Due to workload limitations, it is unlikely that all of these issues will move forward in 2018.

    Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (503) 820-2411 at least 10 business days prior to the meeting date.

    Dated: October 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-21889 Filed 10-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF444 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving Activities for the Restoration of Pier 62, Seattle Waterfront, Elliot Bay AGENCY:

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

    ACTION:

    Notice; issuance of an incidental harassment authorization.

    SUMMARY:

    In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Seattle Department of Transportation (Seattle DOT) to incidentally harass, by Level B harassment only, marine mammals during pile driving and removal activities associated with the restoration of Pier 62 project in Seattle Waterfront, Elliot Bay in Seattle, Washington.

    DATES:

    This Authorization is applicable from October 4, 2017 through February 28, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Egger, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.

    SUPPLEMENTARY INFORMATION: Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.

    NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

    The MMPA states that the term “take” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    National Environmental Policy Act

    In compliance with NOAA policy, the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), and the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), NMFS determined the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion.

    Summary of Request

    On January 27, 2017, NMFS received a request from the Seattle DOT for an IHA to take marine mammals incidental to pile driving activities for the restoration of Pier 62, Seattle Waterfront, Elliot Bay in Seattle, Washington. Seattle DOT's request is for take of 11 species of marine mammals, by Level A and Level B harassment. Neither Seattle DOT nor NMFS expect mortality to result from this activity and, therefore, an IHA is appropriate.

    This IHA would cover one season of a larger project for which Seattle DOT intends to request take authorization for subsequent facets of the project. The second season of the project is expected to involve pile driving the remainder of piles for Pier 62 and Pier 63.

    Description of Specified Activities Overview

    The planned project will replace Pier 62 and make limited modifications to Pier 63 on the Seattle waterfront of Elliot Bay, Seattle, Washington. The existing piers are constructed of creosote-treated timber piles and treated timber decking, which are failing. The planned project would demolish and remove the existing timber piles and decking of Pier 62, and replace them with concrete deck planks, concrete pile caps, and steel piling.

    The footprint of Pier 62 will remain as it currently is, with a small amount of additional over-water coverage (approximately 3,200 square feet) created by a new float system added to the south side of Pier 62. This float system is intended for moorage of transient, small-boat traffic, and will not be designed to accommodate mooring or berthing for larger vessels. This includes removing 815 timber piles, and will require installation of 180 steel piles for Pier 62. To offset the additional over-water coverage associated with the new float system, approximately 3,700 square feet of Pier 63 will be removed. This includes removing 65 timber piles, and will require installation of nine steel piles to provide structural support for the remaining portion of Pier 63. Seattle DOT estimates 49 days will be needed to remove the old timber piles and 64 days for installation of steel piles for a total of 113 in-water construction days for both Pier 62 and Pier 63. Pile driving (removal and installation activities) will occur approximately eight hours a day during daylight hours only.

    The 14-inch (in) timber piles will be removed with a vibratory hammer or pulled with a clamshell bucket. The 30-in steel piles will be installed with a vibratory hammer to the extent possible. An impact hammer will be used for proofing steel piles or when encountering obstructions or difficult ground conditions. The contractor may elect to operate multiple pile crews for the Pier 62 Project. As a result, more than one vibratory or impact hammer may be active at the same time. The Seattle DOT will not operate more than two vibratory hammers concurrently. The Seattle DOT will proof 10 piles, spread over the different geological zones and construction zones of the pier foundation. For this proofing effort, one impact crane would be mobilized. In addition to proofing, if a pile reaches refusal (i.e., can be driven no farther) with a vibratory hammer, an impact hammer would be used to drive the pile to the required depth or embedment. It is not possible to anticipate which piles will need to be driven with an impact hammer. Even if the project were to mobilize two impact hammer crews on one day, given the nature of the work, simultaneous hammer strikes would not be possible.

    In-water noise from pile driving activities will result in the take, by Level A and Level B harassment only, of 11 species of marine mammals. It is assumed that a second season of in-water pile driving will be required to finish the pile installation. The specific scope of the second season of work will depend on work accomplished during the first season. A separate IHA application will be prepared for the second season of work. In-water work will occur within a modified or shortened work window (October through February) to reduce or minimize effects on juvenile salmonids.

    A detailed description of the planned Pier 62 project is provided in the Federal Register notice for the proposed IHA (82 FR 34486; July 25, 2017). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity.

    Comments and Responses

    A notice of NMFS's proposal to issue an IHA to the Seattle DOT for the Pier 62 project was published in the Federal Register on July 25, 2017 (82 FR 34486). That notice described, in detail, Seattle DOT's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received only one pertinent comment letter, from the Marine Mammal Commission (Commission).

    Comment 1: NMFS received a comment from the Commission and while the Commission agrees with NMFS's determinations, it recommends that NMFS follow NMFS's policy of a 24-hour reset for enumerating the number of marine mammals that could be taken during the planned activities by applying standard rounding rules before summing the numbers of estimated takes across survey sites and survey days.

    Response: Calculating predicted take is not an exact science and there are arguments for using different mathematical approaches in different situations, and for making qualitative adjustments in other situations. NMFS is currently engaged in developing a protocol to help guide its take calculations given particular situations and circumstances. We believe, however, that the methodology for this action is appropriate and is not at odds with the 24-hour reset policy the Commission references.

    Comment 2: NMFS received comments from the Seattle Aquarium (Aquarium) requesting Seattle DOT coordinate with the Aquarium during pile driving and removal activities for the Aquarium's captive marine mammals, some of which are housed outside of the main aquarium, and may potentially be exposed to sound and visual stimuli during the project. The Aquarium also requested additional mitigation measures during pile driving and removal activities to minimize impacts from noise on the Aquarium's captive marine mammals as well as for air and water quality concerns.

    Response: After coordinating with Seattle DOT, NMFS confirmed that additional, voluntary measures will be carried out by the Seattle DOT to satisfy concerns from the Aquarium. Seattle DOT will implement the following:

    1. If aquarium animals are determined by the Aquarium veterinarian to be distressed, Seattle DOT will coordinate with Aquarium staff to determine appropriate next steps, which may include suspending pile driving work for 30 minutes, provided that suspension does not pose a safety issue for the Pier 62 project construction crews.

    2. Seattle DOT will make reasonable efforts to take at least one regularly scheduled 20-minute break in pile driving each day.

    3. Seattle DOT will regularly communicate with the Aquarium staff when pile driving is occurring.

    4. Seattle DOT will further coordinate with the Aquarium to determine appropriate methods to avoid and minimize impacts to water quality.

    5. Seattle DOT does not anticipate the project resulting in impacts associated with airborne dust. If, during construction, odors associated with the project are an issue, Seattle DOT will coordinate with its contractor to determine appropriate mitigation measures.

    Description of Marine Mammals in the Area of Specified Activities

    The marine mammal species under NMFS's jurisdiction that have the potential to occur in the construction area include Pacific harbor seal (Phoca vitulina), northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), long-beaked common dolphin (Delphinus capensis), both southern resident and transient killer whales (Orcinus orca), humpback whale (Megaptera novaengliae), gray whale (Eschrichtius robustus), and minke whale (Balaenoptera acutorostrata) (Table 1). Of these, the southern resident killer whale (SRKW) and humpback whale are protected under the Endangered Species Act (ESA). Pertinent information for each of these species is presented in this document to provide the necessary background to understand their demographics and distribution in the area.

    Table 1—Marine Mammal Species Potentially Present in Region of Activity Common name Scientific name Stock ESA/MMPA
  • status;
  • strategic
  • (Y/N) 1
  • Stock abundance
  • (CV, Nmin, most recent
  • abundance
  • survey) 2
  • PBR Annual
  • M/SI 3
  • Order Cetartiodactyla—Cetacea—SuperfamilyMysticeti (baleen whales) Family Eschrichtiidae Gray whale Eschrichtius robustus Eastern North Pacific -; N 20,990 (0.05; 20,125; 2011) 624 132 Family Balaenidae Humpback whale Megaptera novaeangliae novaeangliae California/Oregon/Washington E; D 1,918 (0.03; 1,855; 2011) 11.0 ≥5.5 Minke whale Balaenoptera acutorostrata scammoni California/Oregon/Washington -; N 636 (0.72, 369, 2014) 3.5 ≥1.3 Superfamily Odontoceti (toothed whales, dolphins, and porpoises) Family Delphinidae Killer whale Orcinus orca Eastern North Pacific Offshore -; N 240 (0.49, 162, 2008) 1.6 0 Killer whale Orcinus orca Eastern North Pacific Southern Resident E; D 78 (na, 78, 2014) 0.14 0 Long-beaked common dolphin Dephinus capensis California -; N 101,305 (0.49; 68,432, 2014) 657 ≥35.4 Family Phocoenidae (porpoises) Harbor Porpoise Phocoena phocoena Washington Inland Waters -; N 11,233 (0.37; 8,308; 2015) 66 ≥7.2 Dall's Porpoise Phocoenoides dalli California/Oregon/Washington -; N 25,750 (0.45, 17,954, 2014) 172 ≥0.4 Order Carnivora—Superfamily Pinnipedia Family Otariidae (eared seals and sea lions) California sea lion Zalophus californianus U.S. -; N 296,750 (na, 153,337, 2011) 9,200 389 Steller sea lion Eumetopias jubatus Eastern DPS -; N 60,131- 74,448 (-; 36,551; 2013) 1,645 Insig. Family Phocidae (earless seals) Harbor seal Phoca vitulina Washington Northern Inland Waters stock -; N 11,036 (0.15, -, 1999) Undet. 9.8 Northern elephant seal Mirounga angustirostris California breeding -; N 179,000 (na; 81,368, 2010) 4,882 8.8 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual mortality/serious injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

    A detailed description of the of the species likely to be affected by the Pier 62 project, including brief introductions to the species and relevant stocks as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the Federal Register notice for the proposed IHA (82 FR 34486; July 25, 2017). Since that time, we are not aware of any changes in the status of these species and stocks; therefore, detailed descriptions are not provided here. Please refer to that Federal Register notice for these descriptions. Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for generalized species accounts.

    Potential Effects of Specified Activities on Marine Mammals and Their Habitat

    The effects of underwater noise from the planned activities for the Pier 62 project have the potential to result in Level B behavioral harassment of marine mammals in the vicinity of the action area. There is also some potential for auditory injury (Level A harassment) to result, primarily for high frequency species, due to larger predicted auditory injury zones. Auditory injury is unlikely to occur for mid-frequency species and most pinnipeds. The mitigation and monitoring measures (i.e., exclusion zones, use of a bubble curtain, etc. as discussed in detail below in “Mitigation” section), are expected to minimize the severity of such taking to the extent practicable.

    The project would not result in permanent impacts to habitats used directly by marine mammals, such as haulout sites, but may have potential short-term impacts to food sources such as marine invertebrates and fish species. Construction will also have temporary effects on salmonids and other fish species in the project area due to disturbance, turbidity, noise, and the potential resuspension of contaminants during the Pier 62 project. The Federal Register notice for the proposed IHA (82 FR 34486; July 25, 2017) included a detailed discussion of the effects of anthropogenic noise on marine mammals and their habitat, and therefore, that information is not repeated here; please refer to that Federal Register notice for that information.

    Estimated Take

    This section provides an estimate of the number of incidental takes to be authorized through this IHA, which informed both NMFS's consideration of whether the number of takes is “small” and the negligible impact determination.

    Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    Authorized takes would primarily be by Level B harassment, as exposure to pile driving activities has the potential to result in disruption of behavioral patterns for individual marine mammals. There is also some potential for auditory injury (Level A harassment) to result, primarily for high frequency species due to larger predicted auditory injury zones. Auditory injury is unlikely to occur for mid-frequency species and most pinnipeds. The mitigation and monitoring measures (i.e., exclusion zones, use of a bubble curtain, etc. as discussed in detail below in “Mitigation” section), are expected to minimize the severity of such taking to the extent practicable. Below we describe how the take is estimated.

    Described in the most basic way, we estimate take by considering: (1) Acoustic thresholds above which NMFS believes the best available science indicates marine mammals will be behaviorally harassed or incur some degree of permanent hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine mammals within these ensonified areas; and, (4) and the number of days of activities. Below, we describe these components in more detail and present the authorized take estimates.

    Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to be behaviorally harassed (equated to Level B harassment) or to incur PTS of some degree (equated to Level A harassment).

    Level B Harassment for non-explosive sources—Though significantly driven by received level, the onset of behavioral disturbance from anthropogenic noise exposure is also informed to varying degrees by other factors related to the source (e.g., frequency, predictability, duty cycle), the environment (e.g., bathymetry), and the receiving animals (hearing, motivation, experience, demography, behavioral context) and can be difficult to predict (Southall et al. 2007, Ellison et al. 2011). Based on what the available science indicates and the practical need to use a threshold based on a factor that is both predictable and measurable for most activities, NMFS uses a generalized acoustic threshold based on received level to estimate the onset of behavioral harassment. NMFS predicts that marine mammals are likely to be behaviorally harassed in a manner we consider Level B harassment when exposed to underwater anthropogenic noise above received levels of 120 dB re 1 μPa root mean square (rms) for continuous (e.g., vibratory pile-driving, drilling) sources and above 160 dB re 1 μPa (rms) for non-explosive impulsive (e.g., seismic airguns) or intermittent (e.g., scientific sonar) sources. Seattle DOT's planned activity includes the use of continuous (vibratory pile driving and removal) and impulsive (impact pile driving) sources, and therefore the 120 and 160 dB re 1 μPa (rms) are applicable.

    Level A harassment for non-explosive sources—NMFS's Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (NMFS, 2016a) identifies dual criteria to assess auditory injury (Level A harassment) to five different marine mammal groups (based on hearing sensitivity) as a result of exposure to noise from two different types of sources (impulsive or non-impulsive). Seattle DOT's planned activity includes the use of continuous (vibratory pile driving and removal) and impulsive (impact pile driving) sources.

    These thresholds were developed by compiling and synthesizing the best available science and soliciting input multiple times from both the public and peer reviewers to inform the final product, and are provided in Table 2 below. The references, analysis, and methodology used in the development of the thresholds are described in NMFS 2016 Technical Guidance, which may be accessed at: http://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

    Table 2—Thresholds Identifying the Onset of Permanent Threshold Shift Hearing group PTS onset thresholds Impulsive Non-impulsive Low-Frequency (LF) Cetaceans L pk,flat: 219 dB; L E, LF,24h: 183 dB L E, LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans L pk,flat: 230 dB; L E, MF,24h: 185 dB L E, MF,24h: 198 dB. High-Frequency (HF) Cetaceans L pk,flat: 202 dB; L E, HF,24h: 155 dB L E, HF,24h: 173 dB. Phocid Pinnipeds (PW); (Underwater) L pk,flat: 218 dB; L E, PW,24h: 185 dB L E, PW,24h: 201 dB. Otariid Pinnipeds (OW); (Underwater) L pk,flat: 232 dB; L E, OW,24h: 203 dB2 L E, OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript “flat” is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded. Ensonified Area

    Here, we describe operational and environmental parameters of the activity that fed into identifying the area ensonified above the acoustic thresholds.

    Background noise is the sound level that would exist without the planned activity (pile driving and removal, in this case), while ambient sound levels are those without human activity (NOAA 2009). The marine waterway of Elliott Bay is very active, and human factors that may contribute to background noise levels include ship traffic and fishing-boat depth sounders. Natural actions that contribute to ambient noise include waves, wind, rainfall, current fluctuations, chemical composition, and biological sound sources (e.g., marine mammals, fish, and shrimp; Carr et al. 2006). Background noise levels were compared to the NOAA/NMFS threshold levels designed to protect marine mammals to determine the Level B Harassment Zones for noise sources. Based on work completed by Washington State Department of Transportation (WSDOT) for Washington State Ferries (WSF) to determine background noise in the vicinity of Elliott Bay, specifically at the Seattle Ferry terminal, the background level of 124 dB rms was used to calculate the attenuation for vibratory pile driving and removal (WSDOT 2015b). Although NMFS's harassment threshold is typically 120 dB for continuous noise, based on multiple measurements, the data collected by WSDOT (2015b) indicate that ambient sound levels are typically higher than this sound level and ranged from 124 dB to 141 dB; therefore, we used 124 dB rms as the relevant threshold for the Seattle DOT Pier 62 project, assuming that any noise generated by the project below 124 dB would be subsumed by the existing background noise and have little likelihood of causing additional behavioral disturbance.

    The sound source levels for installation of the 30-in steel piles are based on surrogate data compiled by WSDOT. The source level of vibratory removal of 14-in timber piles were based on measurements conducted at the Port Townsend Ferry Terminal during vibratory removal of 12-in timber piles by WSDOT (Laughlin 2011). The recorded source level is 152 decibels (dB) re 1 micropascal (μPa) at 16 meters (m) from the pile. This value was also used for other pile driving projects (e.g., WSDOT Seattle Multimodal Construction Project—Colman Dock (82 FR 31579; July 7, 2017)) in the same area as the Seattle Pier 62 project. In February of 2016, WSDOT conducted a test pile project at Colman Dock and the measured results from that project were used for that project and here to provide source levels for the prediction of isopleths ensonified over thresholds for the Seattle Pier 62 project. The results showed that the sound pressure level (SPL) root-mean-square (rms) for impact pile driving of 36-in steel pile is 189 dB re 1 µPa at 14 m from the pile (WSDOT 2016b). This value is also used for impact driving of the 30-in steel piles, which is a precautionary approach. Source level of vibratory pile driving of 36-in steel piles is based on test pile driving at Port Townsend in 2010 (Laughlin 2011). Recordings of vibratory pile driving were made at a distance of 10 m from the pile. The results show that the SPLrms for vibratory pile driving of 36-in steel pile was 177 dB re 1 µPa (WSDOT 2016a).

    The method of incidental take requested is Level B acoustical harassment of any marine mammal occurring within the 160 dB rms disturbance threshold during impact pile driving of 30-in pipe piles; the 120 dB rms disturbance threshold for vibratory pile driving of 30-in pipe piles; and the 120 dB rms disturbance threshold for vibratory removal of 14-in timber piles have been established as the three different Level B ZOIs that will be in place during active pile removal or installation of the different types of piles (Table 3). However, measured ambient noise levels in the area are 124 dB; therefore, NMFS only considers take likely to occur in the area ensonified above 124 dB, as pile driving noise below 124 dB would likely be masked or their impacts diminished such that any reactions would not be considered take as a result of the high ambient noise levels.

    For the Level B ZOI's, sound waves propagate in all directions when they travel through water until they dissipate to background levels or encounter barriers that absorb or reflect their energy, such as a landmass. Therefore, the area of the Level B ZOIs was determined using land as the boundary on the north, east and south sides of the project. On the west, land was also used to establish the zone for vibratory driving. From Alki on the south and Magnolia on the north, a straight line of transmission was established out to Bainbridge Island. For impact driving (and vibratory removal), sound dissipates much quicker and the impact zone stays within Elliott Bay. Pile-related construction noise would extend throughout the nearshore and open water environments to just west of Alki Point and a limited distance into the East Waterway of the Lower Duwamish River, a highly industrialized waterway. Because landmasses block in-water construction noise, a “noise shadow” created by Alki Point is expected to be present immediately west of this feature (refer to Seattle DOT's application for maps depicting the Level B ZOIs).

    Table 3—Level B Zone Descriptions and Duration of Activity Sound source Activity Construction method Level B
  • threshold
  • (m)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • 1 Removal of 14-in Timber Piles Vibratory 1,865 4.9 49 2 Installation of 30-in Steel Piles Vibratory 54,117 91 53 3 Installation of 30-in Steel Piles Impact 1,201 2.3 11

    When NMFS Technical Guidance (NMFS 2016) was published, in recognition of the fact that ensonified area/volume could be more technically challenging to predict because of the duration component in the new thresholds, we developed a User Spreadsheet that includes tools to help predict a simple isopleth that can be used in conjunction with marine mammal density or occurrence to help predict takes. We note that because of some of the assumptions included in the methods used for these tools, we anticipate that isopleths produced are typically going to be overestimates of some degree, which will result in some degree of overestimate of Level A take. However, these tools offer the best way to predict appropriate isopleths when more sophisticated 3D modeling methods are not available, and NMFS continues to develop ways to quantitatively refine these tools, and will qualitatively address the output where appropriate. For stationary sources such as vibratory and impact pile driving, NMFS's User Spreadsheet predicts the closest distance at which, if a marine mammal remained at that distance the whole duration of the activity, it would not incur PTS. Inputs used in the User Spreadsheet, and the resulting isopleths are reported below.

    The PTS isopleths were identified for each hearing group for impact and vibratory installation and removal methods that will be used in the Pier 62 Project. The PTS isopleth distances were calculated using the NMFS acoustic threshold calculator (NMFS 2016), with inputs based on measured and surrogate noise measurements taken during the EBSP and from WSDOT, and estimating conservative working durations (Table 4 and Table 5).

    Table 4—NMFS Technical Acoustic Guidance User Spreadsheet Input to Predict PTS Isopleths Spreadsheet tab used Sound source 1 (A) Vibratory
  • pile driving
  • (removal)
  • Sound source 2 (A) Vibratory
  • pile driving
  • (installation)
  • Sound source 3 (E.1) Impact
  • pile driving
  • (installation)
  • User spreadsheet input Source Level (rms SPL) a 155 dB b 180 dB Source Level (Single Strike/shot SEL) c 176 dB Weighting Factor Adjustment (kHz) 2.5 2.5 2 (a) Number of strikes in 1 h 20 (a) Activity Duration (h) within 24-h period 8 8 4 Propagation (xLogR) 15 15 15 Distance of source level measurement (meters)+ 16 10 14 a Laughlin, Jim. 2011. Port Townsend Dolphin Timber Pile Removal—Vibratory Pile Monitoring Technical Memorandum. Prepared by Washington State Department of Transportation, Office of Air Quality and Noise, Seattle, Washington. January 2011. 3 dB added for use of two vibratory hammers. b Source level for 30-in steel piles was from test pile driving at Port Townsend Ferry Terminal in 2010. SPLrms for vibratory pile driving was 177 dB re 1 μPa. and 3 dB was added for use of two hammers. c Source information is from the Underwater Sound Level Report: Colman Dock Test Pile Project 2016.
    Table 5—NMFS Technical Acoustic Guidance User Spreadsheet Output for Predicted PTS Isopleths and Level A Daily Ensonified Areas Sound source type PTS isopleth (meters) Low-frequency
  • cetaceans
  • Mid-frequency
  • cetaceans
  • High-frequency
  • cetaceans
  • Phocid
  • pinnipeds
  • Otariid
  • pinnipeds
  • User spreadsheet output 1—Vibratory (pile removal) 17.4 1.5 25.7 10.6 0.7 2—Vibratory (installation) 504.8 44.7 746.4 306.8 21.5 3—Impact (installation) 88.6 3.2 105.6 47.4 3.5 Daily ensonified area (km2) a Vibratory (pile removal) 0.000476 0.000004 0.001037 0.000176 7.70E-13 Vibratory (installation) 0.400275 0.003139 0.875111 0.147853 0.000726 Impact (installation) 0.012331 0.000016 0.017517 0.003529 1.92423E-05 Note: a Daily ensonified areas were divided by two to only account for the ensonified area within the water and not over land.
     Marine Mammal Occurrence and Take Calculation and Estimation

    In this section we provide the information about the presence, density, or group dynamics of marine mammals that informed the take calculation and we describe how the marine mammal occurrence information is brought together to produce a quantitative take estimate. In all cases we demonstrated take estimates using the species density data from the 2015 Pacific Navy Marine Species Density Database (U.S. Navy 2015), to estimate take for marine mammals.

    Take estimates are based on average marine mammal density in the project area multiplied by the area size of ensonified zones within which received noise levels exceed certain thresholds (i.e., Level A and B harassment) from specific activities, then multiplied by the total number of days such activities would occur.

    Unless otherwise described, incidental take is estimated by the following equation:

    Incidental take estimate = species density * zone of influence * days of pile-related activity

    However, adjustments were made for nearly every marine mammal species, whenever their local abundance was known through other monitoring efforts. In those cases, the local abundance data was used for take calculations for the authorized take instead of general animal density (see below).

    Harbor Seal

    Based on U.S. Navy species density estimates (U.S. Navy 2015) for the inland waters of Puget Sound, potential take of harbor seal is shown in Table 6. Based on these calculations, Level A take is estimated at 10 harbor seals from vibratory pile driving and Level B take is estimated at 6,193 harbor seals from all sound sources. However, observational data from previous projects on the Seattle waterfront have documented only a fraction of what is calculated using the Navy density estimates for Puget Sound. For example, between zero and seven seals were observed daily for the EBSP and 56 harbor seals were observed over 10 days in the area with the maximum number of 13 harbor seals sighted during the 2016 Seattle Test Pile project (WSF 2016).

    Therefore, the harbor seal take estimate is based on local seal abundance information using the maximum number of seals (13) sighted in one day during the 2016 Seattle Test Pile project multiplied by a total of 113 pile driving days for the Seattle DOT Pier 62 Project. As a result, NMFS will authorize Level B harassment of 1,469 harbor seals that could be exposed to noise levels associated with “take.” Fifty-three of the 113 days of activity would involve installation by vibratory pile driving, which has a much larger Level A zone (306.8 m) than the Level A zones for vibratory removal (10.6 m) and impact pile driving (47.4 m). Harbor seals may be difficult to observe at greater distances, therefore, during vibratory pile driving, it may not be known how long a seal is present in the Level A zone. We estimate that four harbor seals may experience Level A harassment during these 53 days. Four seals were considered to have the potential to be taken by Level A harassment based the local observational data for harbor seals, the larger ensonified area during vibratory pile driving for installation, and our best professional judgment that an animal would remain within the injury zone for prolonged exposure of intense noise. The number of Level B takes was adjusted to exclude those already counted for Level A takes, so the authorized Level B take is 1,465 harbor seals.

    Table 6—Harbor Seal Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • take
  • Level A
  • Estimated
  • take
  • Level B
  • 1 1.219 0.000176 4.9 49 0 293 2 1.219 0.147853 91 53 10 * * 5,879 3 1.219 0.003529 2.3 11 0 31 Note: km2—square kilometers. * Number of Level B takes was adjusted to exclude those already counted for Level A takes. * *  (* Adjusted 5,869)
    Northern Elephant Seal

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of northern elephant seal is expected to be zero. However, The Whale Museum (as cited in WSDOT 2016a) reported one sighting in the relevant area between 2008 and 2014. Therefore, the Seattle DOT requested and NMFS will authorize Level B harassment of one northern elephant seal.

    California Sea Lion

    Based on U.S. Navy species density estimates (U.S. Navy 2015) for the inland waters of Washington, including Eastern Bays and Puget Sound, potential take of California sea lion is shown in Table 7. Since the calculated Level A zones of otariids are all very small (Table 5), we do not consider it likely that any sea lions would be taken by Level A harassment. All California sea lion takes estimated here are expected to be takes by Level B harassment. The estimated Level B take is 644 California sea lions. However, the Seattle DOT believes that this estimate is unrealistically low, based on local marine mammal monitoring. Therefore, NMFS will authorize Level B harassment of 1,695 California sea lions. The California sea lion take estimate is based on four seasons of local sea lion abundance information from the EBSP. Marine mammal visual monitoring during the EBSP indicates that a maximum of 15 sea lions were observed in a day during four years of project monitoring (Anchor QEA 2014, 2015, 2016). Based on a total of 113 pile driving days for the Seattle Pier 62 project, it is estimated that up to 1,695 California sea lions could be exposed to noise levels associated with “take.”

    Table 7—California Sea Lion Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.1266 7.70E-13 4.9 49 0 30 2 0.1266 0.000726 91 53 0 611 3 0.1266 1.92423E-05 2.3 11 0 3 Note: km2—square kilometers.
    Steller Sea Lion

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of Steller sea lion is shown in Table 8. Since the calculated Level A zones of otariids are all very small (Table 5), we do not consider it likely that any Steller sea lions would be taken by Level A harassment. The Seattle DOT requested and NMFS will authorize Level B harassment of 188 Steller sea lions.

    Table 8—Steller Sea Lion Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.0368 7.70E-13 4.9 49 0 9 2 0.0368 0.000726 91 53 0 178 3 0.0368 1.92423E-05 2.3 11 0 1 Note: km2—square kilometers.
    Southern Resident Killer Whale

    Based on the U.S. Navy species density estimates (U.S. Navy 2015) the density for the SRKW is variable across seasons and across the range. The inland water density estimates vary from 0.001461 to 0.004760/km2 in fall and 0.004761-0.020240/km2 in winter. Therefore, the take request as shown in Table 9 is based on the highest density estimated during the winter season (0.020240/km2) for the SRKW population.

    With the variable winter density, the Level B take estimate can range from 24 to 104 SRKW, with the upper take estimate greater than the estimated population size and the lower estimated take still greater than 20 percent of the population. NMFS will authorize Level B harassment of 24 SRKW based on a single occurrence of one pod (i.e., J Pod—24 individuals) that would be most likely to be seen near Seattle. The Seattle DOT will coordinate with the Orca Network and the Center for Whale Research (CWR) in an attempt to avoid all take of SRKW, but it may be possible that a group may enter the Level B ZOI before Seattle DOT could shut down due to the larger size of the Level B ZOI, particularly during vibratory pile driving (installation). Since the Level A zones of mid-frequency cetaceans are small (Table 5), we do not consider it likely that any SRKW would be taken by Level A harassment.

    Table 9—Southern Resident Killer Whale Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.020240 0.000004 4.9 49 0 5 2 0.020240 0.003139 91 53 0 98 3 0.020240 0.000016 2.3 11 0 1 Note: km2—square kilometers.
    Transient Killer Whale

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of transient killer whale is shown in Table 10. As with the SRKW, the density estimate of transient killer whales is variable between seasons and regions. In fall, density estimates range from 0.001583 to 0.002373/km2 and in winter they range from 0.000575 to 0.001582/km2. The winter density estimate, when most of the work is being conducted, will be used for estimating density and take. For Level B harassment, this results in a take estimate of eight individuals. However, the Seattle DOT believes that this estimate is low based on local data of seven transients that were reported in the area (Orca Network Archive Report 2016a). Therefore, NMFS will authorize Level B harassment of 42 transient killer whales, which would cover up to 2 groups of up to seven transient whales entering into the project area and remaining there for three days. Since the Level A zones of mid-frequency cetaceans are small (Table 5), we do not consider it likely that any transient killer whales would be taken by Level A harassment.

    Table 10—Transient Killer Whale Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.001582 0.000004 4.9 49 0 0 2 0.001582 0.003139 91 53 0 8 3 0.001582 0.000016 2.3 11 0 0 Note: km2—square kilometers.
    Long-Beaked Common Dolphin

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of long-beaked common dolphin is expected to be zero. However, in 2016, the Orca Network (2016c) reported a pod of up to 20 long-beaked common dolphins. Therefore, the Seattle DOT requested and NMFS authorized Level B harassment of 20 long-beaked common dolphins. Since the Level A zones of mid-frequency cetaceans are all very small (Table 5), we do not consider it likely that the long-beaked common dolphin would be taken by Level A harassment.

    Harbor Porpoise

    Based on species density estimates from Jefferson et al. (2016), potential take of harbor porpoise is shown in Table 11. Take by Level A harassment is estimated at 32 harbor porpoises and take by Level B harassment is estimated at 3,512 exposures to harbor porpoises. NMFS will authorize take by Level A harassment of 32 harbor porpoises and take by Level B harassment of 3,480 harbor porpoises.

    Table 11—Harbor Porpoise Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.69 0.001037 4.9 49 0 166 2 0.69 0.875111 91 53 32 * * 3,328 3 0.69 0.017517 2.3 11 0 18 Note: km2—square kilometers. * Number of Level B takes was adjusted to exclude those already counted for Level A takes. Take is instances not individuals. * *  (*Adjusted 3,296).
    Dall's Porpoise

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of Dall's porpoise is shown in Table 12. Based on these calculations, the Seattle DOT requested and NMFS will authorize take by Level A harassment of two Dall's porpoise and take by Level B harassment of 199 Dall's porpoise.

    Table 12—Dall's Porpoise Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.039 0.001037 4.9 49 0 10 2 0.039 0.875111 91 53 2 * * 190 3 0.039 0.017517 2.3 11 0 1 Note:  km2—square kilometers. * Number of Level B takes was adjusted to exclude those already counted for Level A takes. * *  (*Adjusted 188).
    Humpback Whale

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of humpback whale is shown in Table 13. Although the standard take calculations would result in an estimated take of less than one humpback whale, to be conservative, the Seattle DOT requested and NMFS will authorize Level B harassment of five humpback whales based on take during previous work in Elliott Bay where two humpback whales were observed, including one take, during the 175 days of work during the previous four years (Anchor QEA 2014, 2015, 2016, and 2017). Since the Level A zones of low-frequency cetaceans are smaller during vibratory removal (17.4 m) or impact installation (88.6 m) compared to the Level A zone for vibratory installation (504.8 m) (Table 5), we do not consider it likely that any humpbacks would be taken by Level A harassment during removal or impact installation. We also do not believe any humpbacks would be taken during vibratory installation due to the ability to see humpbacks easily during monitoring and additional coordination with the Orca Network and the CWR which would enable the work to be shut down before a humpback would be taken by Level A harassment.

    Table 13—Humpback Whale Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.00001 0.000476 4.9 49 0 0 2 0.00001 0.400275 91 53 0 0 3 0.00001 0.012331 2.3 11 0 0 Note:  km2—square kilometers.
    Gray Whale

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of gray whale is shown in Table 14. The Seattle DOT requested and NMFS will authorize Level B harassment of three gray whales. Since the Level A zones of low-frequency cetaceans are smaller during vibratory removal (17.4 m) or impact installation (88.6 m) compared to the Level A zone for vibratory installation (504.8 m) (Table 5), we do not consider it likely that any gray whales would be taken by Level A harassment during removal or impact installation. We also do not believe any gray whales would be taken during vibratory installation due to the ability to see gray whales easily during monitoring and additional coordination with the Orca Network and the CWR, which would enable the work to be shut down before a gray whale would be taken by Level A harassment.

    Table 14—Gray Whale Estimated Take Based on NMSDD Presented for Comparison Sound source Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.00051 0.000476 4.9 49 0 0 2 0.00051 0.400275 91 53 0 3 3 0.00051 0.012331 2.3 11 0 0 Note:  km2—square kilometers.
    Minke Whale

    Based on U.S. Navy species density estimates (U.S. Navy 2015), potential take of minke whales is expected to be zero (Table 15). However, between 2008 and 2014, the Whale Museum (as cited in WSDOT 2016a) reported one sighting in the relevant area. Although the take calculations would result in an estimated take of less than one minke whale, the Seattle DOT is requesting authorization for Level B harassment of two minke whales, based on previous sightings in the construction area by the Whale Museum. Based on the low probability that a minke whale would be observed during the project and then also enter into a Level A zone, we do not consider it likely that any minke whales would be taken by Level A harassment.

    Table 15—Minke Whale Estimated Take Based on NMSDD Presented for Comparison Level B Zone Species
  • density
  • Level A
  • ZOI
  • (km2)
  • Level B
  • ZOI
  • (km2)
  • Days of
  • activity
  • Estimated
  • Level A
  • take
  • Estimated
  • Level B
  • take
  • 1 0.00003 0.000476 4.9 49 0 0 2 0.00003 0.400275 91 53 0 <1 3 0.00003 0.012331 2.3 11 0 0 Note:  km2—square kilometers.

    The summary of the authorized take by Level A and Level B Harassment is described below in Table 16.

    Table 16—Summary of Requested Incidental Take by Level A and Level B Harassment Species Stock size Authorized
  • Level A take
  • Authorized
  • Level B take
  • Authorized
  • total take
  • % of
  • population
  • Pacific harbor seal (Phoca vitulina) 11,036 4 1,465 a 1,469 13.31. Northern elephant seal (Mirounga angustirostris) 179,000 0 1 b 1 Less than 1. California sea lion (Zalophus californianus) 296,750 0 1,695 c 1,695 Less than 1. Steller sea lion (Eumetopias jubatus) 60,131-74,448 0 188 188 Less than 1. Southern resident killer whale DPS (Orcinus orca) 78 0 24 (single occurrence of one pod) d 24 (single occurrence of one pod) 30.77. Transient killer whale (Orcinus orca) 240 0 42 e 42 20. Long-beaked common dolphin (Dephinus capensis) 101,305 0 20 f 20 Less than 1. Harbor porpoise (Phocoena phocoena) 11,233 32 3,480 3,512 31.26. Dall's porpoise (Phocoenoides dalli ) 25,750 2 199 201 Less than 1. Humpback whale (Megaptera novaengliae) 1,918 0 5 g 5 Less than 1. Gray whale (Eschrichtius robustus) 20,990 0 3 3 Less than 1. Minke whale (Balaenoptera acutorostrata) 636 0 2 h 2 Less than 1. Note: a The take estimate is based on a maximum of 13 seals observed on a given day during the 2016 Seattle Test Pile project. The number of Level B takes was adjusted to exclude those already counted for Level A takes. b The take estimate is based on The Whale Museum (as cited in WSDOT 2016a) reporting one sighting of a Northern elephant seal in the area between 2008 and 2014. c The take estimate is based on a maximum of 15 California sea lions observed on a given day during 4 monitoring seasons of the EBSP project. d The take estimate is based on a single occurrence of one pod of SRKW (i.e., J-pod of 24 SRKW) that would be most likely to be seen near Seattle. e The take estimate is based on local data which is greater than the estimates produced using the Navy density estimates. Therefore, the take is 20 percent of the transient killer whale stock. f The take estimate is based on the Orca Network (2016c) reporting a pod of up to 20 long-beaked common dolphins. g The take estimate is based on take during previous work in Elliott Bay, where two humpback whales were observed and is greater than what was calculated using 2015 Navy density estimates. h The take estimate is based on The Whale Museum (as cited in WSDOT 2016a) reporting one sighting in the relevant area. Although the take calculations would result in an estimated take of less than one minke whale, to be conservative the Seattle DOT is requesting take of two minke whales.
    Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, “and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking” for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat (50 CFR 216.104(a)(11)).

    In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:

    (1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned) the likelihood of effective implementation (probability implemented as planned), and;

    (2) the practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.

    Several measures for mitigating effects on marine mammals from the pile installation and removal activities at Pier 62 and are described below.

    Timing Restrictions

    All work will be conducted during daylight hours.

    Bubble Curtain

    A bubble curtain will be used during pile driving activities with an impact hammer to reduce sound levels.

    Exclusion Zones

    Exclusion Zones will be implemented to protect marine mammals from Level A harassment (Table 17 below). The PTS isopleths described in Table 5 were used as a starting point for calculating the exclusion zones; however, Seattle DOT will implement a minimum shutdown zone of a 10 m radius around each pile for all construction methods for all marine mammals. Therefore, in some cases the exclusion zone will be slightly larger than was calculated for the PTS isopleths as described in Table 5 (i.e., for mid-frequency cetaceans and otariid pinnipeds). Outside of any Level A take authorized, if a marine mammal is observed at or within the Exclusion Zone, work will shut down (stop work) until the individual has been observed outside of the zone, or has not been observed for at least 15 minutes for pinnipeds and small cetaceans and 30 minutes for large whales.

    Table 17—Exclusion Zones for Various Pile Driving Activities for Marine Mammal Hearing Groups Sound source type Exclusion zone (meters) Low-frequency cetaceans Mid-frequency cetaceans High-frequency
  • cetaceans
  • Phocid
  • pinnipeds
  • Otariid
  • pinnipeds
  • 1—Vibratory (pile removal) 17.4 10 25.7 10.6 10 2—Vibratory (installation) 504.8 44.7 746.4 306.8 21.5 3—Impact (installation) 88.6 10 105.6 47.4 10
    Additional Shutdown Measures

    Seattle DOT will implement shutdown measures if the cumulative total number of individuals observed within the Level B harassment zone for any particular species reaches the number authorized under the IHA and if such marine mammals are sighted within the vicinity of the project area and are approaching the Level B harassment zone during in-water construction activities.

    Level B Harassment Zones

    Seattle DOT will monitoring the Level B harassment zones as described in Table 18.

    Table 18—Level B Harassment Zones for Various Pile Driving Activities Activity Construction
  • method
  • Level B
  • threshold
  • (m)
  • Level B
  • ZOI
  • (km2)
  • Removal of 14-in Timber Piles Vibratory * * 1,865 4.9 Installation of 30-in Steel Piles Vibratory 54,117 91 Installation of 30-in Steel Piles Impact 1,201 2.3
    Soft-Start for Impact Pile Driving

    Each day at the beginning of impact pile driving or any time there has been cessation or downtime of 30 minutes or more without pile driving, Seattle DOT will use the soft-start technique by providing an initial set of three strikes from the impact hammer at 40 percent energy, followed by a one-minute waiting period, then two subsequent three-strike sets.

    Additional Coordination

    The project team will monitor and coordinate with local marine mammal networks on a daily basis (i.e., Orca Network and/or the CWR) for sightings data and acoustic detection data to gather information on the location of whales prior to pile removal or pile driving activities. The project team will also coordinate with WSF to discuss marine mammal sightings on days when pile driving and removal activities are occurring on their nearby projects. Marine mammal monitoring will be conducted to collect information on the presence of marine mammals within the Level B Harassment Zones for this project. In addition, reports will be made available to interested parties upon request. With this level of coordination in the region of activity, Seattle DOT will get real-time information on the presence or absence of whales before starting any pile driving or removal activities.

    Based on our evaluation of the applicant's mitigation measures, as well as other measures considered by NMFS, NMFS has determined that the mitigation measures provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the action area. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.

    Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:

    • Occurrence of marine mammal species or stocks in the area in which take is anticipated (e.g., presence, abundance, distribution, density).

    • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (e.g., source characterization, propagation, ambient noise); (2) affected species (e.g., life history, dive patterns); (3) co-occurrence of marine mammal species with the action; or (4) biological or behavioral context of exposure (e.g., age, calving or feeding areas).

    • Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors.

    • How anticipated responses to stressors impact either: (1) Long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks.

    • Effects on marine mammal habitat (e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat).

    • Mitigation and monitoring effectiveness.

    Marine mammal monitoring will be conducted at all times during in-water pile driving and pile removal activities in strategic locations around the area of potential effects as described below:

    During pile removal or installation with a vibratory hammer, three to four monitors would be used, positioned such that each monitor has a distinct view-shed and the monitors collectively have overlapping view-sheds.

    During pile driving activities with an impact hammer, one monitor, based at or near the construction site, will conduct the monitoring.

    In the case(s) where visibility becomes limited, additional land-based monitors and/or boat-based monitors may be deployed.

    Monitors will record take when marine mammals enter the relevant Level B Harassment Zones based on type of construction activity.

    If a marine mammal approaches an Exclusion Zone, the observation will be reported to the Construction Manager and the individual will be watched closely. If the marine mammal crosses into an Exclusion Zone, a stop-work order will be issued. In the event that a stop-work order is triggered, the observed marine mammal(s) will be closely monitored while it remains in or near the Exclusion Zone, and only when it moves well outside of the Exclusion Zone or has not been observed for at least 15 minutes for pinnipeds and small cetaceans and 30 minutes for large whales will the lead monitor allow work to recommence.

    Protected Species Observers

    Seattle DOT shall employ NMFS-approved protected species observers (PSOs) to conduct marine mammal monitoring for its Pier 62 Project. The PSOs will observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. NMFS-approved PSOs shall meet the following requirements:

    1. Independent observers (i.e., not construction personnel) are required.

    2. At least one observer must have prior experience working as an observer.

    3. Other observers may substitute education (undergraduate degree in biological science or related field) or training for experience.

    4. Where a team of three or more observers are required, one observer should be designated as lead observer or monitoring coordinator. The lead observer must have prior experience working as an observer.

    5. NMFS will require submission and approval of observer CVs.

    6. PSOs will monitor marine mammals around the construction site using high-quality binoculars (e.g., Zeiss, 10 x 42 power) and/or spotting scopes. Due to the different sizes of the Level B Zones from different pile sizes, several different Level B Zones and different monitoring protocols corresponding to a specific pile size will be established.

    7. If marine mammals are observed, the following information will be documented:

    (A) Date and time that monitored activity begins or ends;

    (B) Construction activities occurring during each observation period;

    (C) Weather parameters (e.g., percent cover, visibility);

    (D) Water conditions (e.g., sea state, tide state);

    (E) Species, numbers, and, if possible, sex and age class of marine mammals;

    (F) Description of any observable marine mammal behavior patterns, including bearing and direction of travel and distance from pile driving activity;

    (G) Distance from pile driving activities to marine mammals and distance from the marine mammals to the observation point;

    (H) Locations of all marine mammal observations; and

    (I) Other human activity in the area.

    Acoustic Monitoring

    In addition, acoustic monitoring will occur on up to six days per in-water work season to evaluate, in real time, sound production from construction activities and will capture all hammering scenarios that may occur under the planned project. Background noise recordings (in the absence of pile-related work) will also be made during the study to provide a baseline background noise profile. Acoustic monitoring will follow NMFS's 2012 Guidance Documents: Sound Propagation Modeling to Characterize Pile Driving Sounds Relevant to Marine Mammals and Data Collection Methods to Characterize Underwater Background Sound Relevant to Marine Mammals in Coastal Nearshore Waters and Rivers of Washington and Oregon.

    The results and conclusions of the acoustic monitoring will be summarized and presented to NOAA/NMFS with recommendations on any modifications to this plan or Exclusion Zones.

    Reporting Measures Marine Mammal Monitoring Report

    Seattle DOT will submit a draft marine mammal monitoring report within 90 days after completion of the in-water construction work or the expiration of the IHA (if issued), whichever comes earlier. The report would include data from marine mammal sightings as described: Date, time, location, species, group size, and behavior, any observed reactions to construction, distance to operating pile hammer, and construction activities occurring at time of sighting and environmental data for the period (i.e., wind speed and direction, sea state, tidal state, cloud cover, and visibility). The marine mammal monitoring report will also include total takes, takes by day, and stop-work orders for each species. NMFS will have an opportunity to provide comments on the report, and if NMFS has comments, Seattle DOT will address the comments and submit a final report to NMFS within 30 days.

    In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by the IHA, such as an injury (Level A harassment), serious injury, or mortality, Seattle DOT would immediately cease the specified activities and immediately report the incident to the Permits and Conservation Division, Office of Protected Resources, NMFS and the NMFS' West Coast Stranding Coordinator. The report must include the following information:

    • Time, date, and location (latitude/longitude) of the incident;

    • Name and type of vessel involved;

    • Vessel's speed during and leading up to the incident;

    • Description of the incident;

    • Status of all sound source use in the 24 hrs preceding the incident;

    • Water depth;

    • Environmental conditions (e.g., wind speed and direction, sea state, cloud cover, and visibility);

    • Description of all marine mammal observations in the 24 hrs preceding the incident;

    • Species identification or description of the animal(s) involved;

    • Fate of the animal(s); and

    • Photographs or video footage of the animal(s) (if equipment is available).

    Activities would not resume until NMFS is able to review the circumstances of the prohibited take. NMFS would work with Seattle DOT to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Seattle DOT may not resume their activities until notified by NMFS via letter, email, or telephone.

    Reporting of Injured or Dead Marine Mammals

    In the event that Seattle DOT discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition as described in the next paragraph), Seattle DOT will immediately report the incident to the Permits and Conservation Division, Office of Protected Resources, NMFS and the NMFS' West Coast Stranding Coordinator. The report must include the same information identified in the paragraph above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS would work with Seattle DOT to determine whether modifications in the activities are appropriate.

    In the event that Seattle DOT discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), Seattle DOT will report the incident to the Permits and Conservation Division, Office of Protected Resources, NMFS and the NMFS Stranding Hotline and/or by email to the NMFS' West Coast Stranding Coordinator within 24 hrs of the discovery. Seattle DOT would provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS. Activities may continue while NMFS reviews the circumstances of the incident.

    Acoustic Monitoring Report

    Seattle DOT will submit an Acoustic Monitoring Report within 90 days after completion of the in-water construction work or the expiration of the IHA (if issued), whichever comes earlier. The report will provide details on the monitored piles, method of installation, monitoring equipment, and sound levels documented during both the sound source measurements and the background monitoring. NMFS will have an opportunity to provide comments on the report or changes in monitoring for the second season, and if NMFS has comments, Seattle DOT will address the comments and submit a final report to NMFS within 30 days. If no comments are received from NMFS within 30 days, the draft report will be considered final. Any comments received during that time will be addressed in full prior to finalization of the report.

    Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS's implementing regulations (54 FR 40338; September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline (e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).

    No serious injury or mortality is anticipated or authorized for the Pier 62 Project. Takes that are anticipated and authorized are expected to be limited to short-term Level A and Level B harassment (behavioral). Marine mammals present in the vicinity of the action area and taken by Level A and Level B harassment would most likely show overt brief disturbance (startle reaction) and avoidance of the area from elevated noise levels during pile driving and pile removal and the implosion noise. However, many marine mammals showed no observable changes during similar project activities for the EBSP.

    There are two endangered species that may occur in the project area, humpback whales and SRKW. However, few humpbacks are expected to occur in the project area and few have been observed during previous projects in Elliot Bay. SRKW have occurred in small numbers in the project area. Seattle DOT will shut down in the Level B ZOI should they meet or exceed the take of one occurrence of one pod (J-pod, 24 whales).

    There is ESA-designated critical habitat in the vicinity of Seattle DOT's Pier 62 Project for SRKW. However, this IHA is authorizing the harassment of marine mammals, not the production of sound, which is what would result in adverse effects to critical habitat for SRKW. There is one documented harbor seal haulout area near Bainbridge Island, approximately 6 miles (9.66 km) from Pier 62. The haulout, which is estimated at less than 100 animals, consists of intertidal rocks and reef areas around Blakely Rocks and is at the outer edge of potential effects at the outer extent near Bainbridge Island (Jefferies et al. 2000). The level of use of this haulout during the fall and winter is unknown, but is expected to be much less than in the spring and summer, as air temperatures become colder than water temperatures resulting in seals in general hauling out less. Similarly, the nearest Steller sea lion haulout to the project area is located approximately 6 miles away (9.66 km) and is also on the outer edge of potential effects. This haulout is composed of net pens offshore of the south end of Bainbridge Island.

    The project also is not expected to have significant adverse effects on affected marine mammal habitat, as analyzed in the “Potential Effects of Specified Activities on Marine Mammals and their Habitat” section. Project activities would not permanently modify existing marine mammal habitat. The activities may kill some fish and cause other fish to leave the area temporarily, thus impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences. Therefore, given the consideration of potential impacts to marine mammal prey species and their physical environment, Seattle DOT's Pier 62 Project would not adversely affect marine mammal habitat.

    In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival:

    • No serious injury or mortality is anticipated or authorized.

    • Takes that are anticipated and authorized are expected to be limited to short-term Level B harassment (behavioral) and a small number of takes of Level A harassment (behavioral) for three species.

    • The project also is not expected to have significant adverse effects on affected marine mammals' habitat.

    • There are no known important feeding or pupping areas. There are two haulouts (harbor seals and Steller sea lions). However, they are at the most outer edge of the potential effects and approximately 6.6 miles from Pier 62. There are no other known important areas for marine mammals.

    • For eight of the eleven species, take is less than one percent of the stock abundance. Instances of take for the other three species (harbor seals, killer whales, and harbor porpoise) range from about 13-31 percent of the stock abundance. However, when the fact that a fair number of these instances are expected to be repeat takes of the same animals is considered, the number of individual marine mammals taken is significantly lower.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the planned activity will have a negligible impact on all affected marine mammal species or stocks.

    Small Numbers

    As noted above, only small numbers of incidental take may be authorized under Section 101(a)(5)(D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. Additionally, other factors may be considered in the analysis, such as the temporal or spatial scale of the activities.

    Take of eight of the eleven species is less than one percent of the stock abundance. Instances of take for the SRKW and transient killer whales, harbor seals, and harbor porpoise ranges from about 13-31 percent of the stock abundance. However, when the fact that a fair number of these instances are expected to be repeat takes of the same animals is considered, the number of individual marine mammals taken is significantly lower. Specifically, for example, Jefferson et al. 2016 conducted harbor porpoise surveys in eight regions of Puget Sound, and estimated an abundance of 147 harbor porpoise in the Seattle area (1,798 porpoise in North Puget Sound and 599 porpoise in South Puget Sound). While individuals do move between regions, we would not realistically expect that 3,000+ individuals would be exposed around the pile driving for the Seattle DOT's Pier 62 Project. Considering these factors, as well as the general small size of the project area as compared to the range of the species affected, the numbers of marine mammals estimated to be taken are small proportions of the total populations of the affected species or stocks. Further, for SRWK we acknowledge that 30.77% of the stock is authorized to be taken by Level B harassment, but we believe that a single, brief incident of take of one group of any species represents take of small numbers for that species. Based on the analysis contained herein of the planned activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population sizes of the affected species or stocks.

    Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 et seq.) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally, in this case with the West Coast Regional Office (WCRO), whenever we propose to authorize take for endangered or threatened species.

    The Permit and Conservation Division consulted under of section 7 of the ESA with the WCRO for the issuance of this IHA. The WCRO concluded that the actions are not likely to jeopardize the continued existence of SRKW and humpback whales will not result in the destruction or adverse modification of designated critical habitat. NMFS will authorize take of SRKW and humpback whales, which are listed under the ESA.

    Authorization

    NMFS has issued an IHA to the Seattle DOT for the harassment of small numbers of marine mammals incidental to pile driving and removal activities for the Pier 62 Project within Elliot Bay, Seattle, Washington from October 2017 to February 2018, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.

    Dated: October 4, 2017. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-21857 Filed 10-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF711 Caribbean Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of Caribbean Fishery Management Council's (Council) Scientific and Statistical Committee (SSC) meeting change of dates due to the passing of hurricanes Irma and Maria through Puerto Rico.

    SUMMARY:

    The Caribbean Fishery Management Council's SSC will hold a 5-day meeting, from October 30, 2017, to November 3, 2017, to discuss the items contained in the agenda below.

    DATES:

    The meetings will be held from October 30 through November 3, 2017, from 9 a.m. to 5 p.m.

    ADDRESSES:

    The meetings will be held at the Council Office, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico.

    FOR FURTHER INFORMATION CONTACT:

    Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918-1903, telephone: (787) 766-5926.

    SUPPLEMENTARY INFORMATION: Agenda —Call to Order —Adoption of Agenda —Overview Review outcomes from previous meeting —Review Acceptable Biological Catch (ABC) Control Rule Language Review suggestions from General Counsel and Southeast Fisheries Science Center (SEFSC) on text of Tier 4 of the control rule Develop language to define “consensus” as used in determining Tier assignments (or otherwise alter language to remove the term) —Action 2: Finalize establishment of stock/stock complexes for each of the Puerto Rico, St. Croix, St. Thomas/St. John Fishery Management Plans (FMPs) —Determine use of Indicator Species to recommend to the Council —Finalize recommendations on: —Criteria used to select indicator species —How indicator species will be used to determine management reference points for stock complexes —Action 3: Management Reference Points for Stocks/Stock complexes in each of the Puerto Rico, St. Thomas/St. John and St. Croix FMPs

    Tiered ABC Control Rule:

    —Review and finalize Tier assignments (4a or 4b): Puerto Rico, St. Croix, St. Thomas/St. John —Define process for determining the scalars used in Tiered ABC Control Rule —Define process for determining the buffer from the overfishing limit (OFL) to ABC (scientific uncertainty buffer) used in the Tiered ABC Control Rule. —Choice of scalar and scientific uncertainty buffer for Tiers 4a and 4b for the applicable stocks.

    Stocks/stock complexes to which the Tiered ABC CR cannot be applied:

    —Recommendations on time series of landings data (year sequences) to establish reference points for the applicable stocks/stock complexes. —Recommendations on the establishment of the maximum sustainable yield proxy (e.g., mean, median, following the Caribbean Annual Catch Limit Amendments' approach) for the applicable stocks/stock complexes. —Recommendations on the scientific uncertainty buffer to determine the ABC for the applicable stocks/stock complexes. —Recommendations to the Caribbean Fishery Management Council —Other Business

    The order of business may be adjusted as necessary to accommodate the completion of agenda items. The meeting will begin on October 30, 2017 at 9 a.m. Other than the start time, interested parties should be aware that discussions may start earlier or later than indicated. In addition, the meeting may be extended from, or completed prior to the date established in this notice.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. For more information or request for sign language interpretation and other auxiliary aids, please contact Mr. Miguel A. Rolón, Executive Director, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918-1903, telephone (787) 766-5926, at least 5 days prior to the meeting date.

    Dated: October 5, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-21886 Filed 10-10-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2013-OS-0128] Proposed Collection; Comment Request AGENCY:

    Defense Finance and Accounting Service, DoD.

    ACTION:

    60-Day information collection notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service (DFAS) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: 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; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by December 11, 2017.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Advisory Committee Division, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Finance and Accounting Services—Indianapolis, DFAS-ZPR. ATTN: La Zaleus D. Leach, 8899 E. 56th St., Indianapolis, IN 46249, [email protected], 317-212-6032.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Request for Information Regarding Deceased Debtor; DD Form 2840; OMB Number 0730-0015.

    Needs and Uses: The information collection requirement is necessary to obtain information on deceased debtors from probate courts. Probate courts review their records to see if an estate was established. They provide the name and address of the executor or lawyer handling the estate. From the information obtained, DFAS submits a claim against the estate for the amount due the United States.

    Affected Public: State, local, or tribal government.

    Annual Burden Hours: 100.

    Number of Respondents: 300.

    Responses per Respondent: 1.

    Annual Responses: 300.

    Average Burden per Response: 20 minutes.

    Frequency: On occasion.

    DFAS maintains updated debt accounts and initiates debt collection action for separated military members, out-of-service civilian employees, and other individuals not on an active federal government payroll system. When notice is received that an individual debtor is deceased, an effort is made to ascertain whether the decedent left an estate by contacting clerks of probate courts. If it is determined that an estate was established, attempts are made to collect the debt from the estate. If no estate appears to have been established, the debt is written off as uncollectible.

    Dated: October 5, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-21932 Filed 10-10-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF ENERGY Fusion Energy Advisory Committee AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of renewal.

    Pursuant to the Federal Advisory Committee Act, 5 U.S.C., App. 2., and in accordance with Title 41 of the Code of Federal Regulations, Section 102-3.65, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Fusion Energy Sciences Advisory Committee has been renewed for a two-year period.

    The Committee will provide advice to the Office of Science (DOE), on long-range plans, priorities, and strategies for advancing plasma science, fusion science and fusion technology—the knowledge base needed for an economically and environmentally attractive fusion energy source. The Secretary of Energy has determined that the renewal of the Fusion Energy Sciences Advisory Committee is essential to the conduct of the Department's business and in the public interest in connection with the performance of duties imposed upon the Department of Energy by law. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, the Department of Energy Organization Act (Pub. L. 95-91), the General Services Administration Final Rule on Federal Advisory Committee Management, and other directives and instruction issued in the implementation of those Acts.

    FOR FURTHER INFORMATION CONTACT:

    Edmund J. Synakowski at (301) 903-4941.

    Issued in Washington, DC, on August 4, 2017. Shena Kennerly, Acting Committee Management Officer.
    [FR Doc. 2017-21919 Filed 10-10-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Extension of Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY:

    U.S. Department of Energy.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Department of Energy (DOE), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on the “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” for approval under the Paperwork Reduction Act (PRA). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces DOE's intent to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed information collection.

    DATES:

    Comments regarding this proposed information collection must be received on or before December 11, 2017. If you anticipate difficulty in submitting comments within that period, please contact the PRA Officer listed below as soon as possible.

    ADDRESSES:

    Written comments may be sent to Christina Rouleau, PRA Officer, Enterprise Policy Development and Implementation Office (IM-22), Office of the Chief Information Officer, U.S. Department of Energy 1000 Independence Ave. SW., Washington, DC 20585, or by email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection supporting statement should be directed to the person listed in ADDRESSES of this document.

    SUPPLEMENTARY INFORMATION:

    This information collection request contains (1) OMB No. 1910-5160; (2) Information Collection Request Title; “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery”; (3) Type of Review: Extension; (4) Purpose: The proposed information collection activity provides a means to garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management; (5) Annual Estimated Number of Respondents: 10,000; (6) Annual Estimated Number of Total Responses: 10,000; (7) Annual Estimated Number of Burden Hours: 200,000; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: There are no costs for Reporting and Recordkeeping.

    Statutory Authority:

    Executive Order (EO) 13571, Streamlining Service Delivery and Improving Customer Service.

    Issued in Washington, DC, on June 28, 2017. Denise Hill, Director, Enterprise Policy Development & Implementation Office, Office of the Chief Information Officer, U.S. Department of Energy.
    [FR Doc. 2017-21920 Filed 10-10-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL18-3-000, QF87-560-012] Applied Energy LLC; Notice of Waiver Request

    Take notice that on October 2, 2017, pursuant to section 292.205(c) of the Federal Energy Regulatory Commission's (Commission) Rules of Practices and Procedures implementing the Public Utility Regulatory Policies Act of 1978, as amended, 18 CFR 292.205(c)(2017), Applied Energy LLC (Applied Energy) requested a limited waiver of the operating standard set forth in section 292.205(a)(1) of the Commission's regulations and the efficiency standard set forth in section 292.205(a)(2) for the topping-cycle cogeneration facility owned and operated by Applied Energy located at the United States Naval Station in San Diego, California. Specifically, Applied Energy request waiver of the operating and efficiency standards for calendar years 2017 and 2018, as more fully explained in its waiver request.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on October 23, 2017.

    Dated: October 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-21835 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-2563-000.

    Applicants: Southwest Power Pool, Inc.

    Description: Section 205(d) Rate Filing: Tariff Clean-Up Filing 3Q2017 to be effective 12/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5113.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2564-000.

    Applicants: Wabash Valley Power Association, Inc.

    Description: September 205(d) Rate Filing: Formulary Rate Change—Section 1 to be effective 1/1/2018.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5128.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2565-000.

    Applicants: Southern California Edison Company.

    Description: Section 205(d) Rate Filing: Amendment No. 1 to WAPA Lease Agreement for Hoover to Mead Transmission Lines to be effective 9/30/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5129.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2567-000.

    Applicants: PacifiCorp.

    Description: Tariff Cancellation: Term of PacifiCorp Energy Construction Agmt—Granite Mtn Solar to be effective 12/11/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5169.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2568-000.

    Applicants: California Independent System Operator Corporation.

    Description: Section 205(d) Rate Filing: 2017-09-29 Aliso Canyon Phase 3 Electric-Gas Coordination Enhancement Amendment to be effective 11/30/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5179.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2569-000.

    Applicants: ISO New England Inc., New England Power Pool Participants Commission.

    Description: Section 205(d) Rate Filing: Change to NCPC Calculation for Ramp Constrained Down Resources to be effective 12/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5181.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2570-000.

    Applicants: NEO Freehold-Gen LLC.

    Description: Tariff Cancellation: Notice of Cancellation to be effective 9/30/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5193.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2571-000.

    Applicants: Duke Energy Florida, LLC.

    Description: Section 205(d) Rate Filing: Revisions to RS No. 194 and No. 213, and RS No. 226 (SECI) to be effective 1/1/2018.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5194.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2572-000.

    Applicants: Imperial Valley Solar 3, LLC.

    Description: Section 205(d) Rate Filing: Imperial Valley Solar 3, LLC MBR Supplement to be effective 9/9/2017; also filed was a Supplement to September 29, 2017 Imperial Valley Solar 3, LLC tariff filing.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5195, 20170929-5211.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2573-000.

    Applicants: Appalachian Power Company.

    Description: Section 205(d) Rate Filing: OATT—Revise Attachment K, AEP Texas Inc. Rate Update to be effective 12/31/9998.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5197.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2574-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) Rate Filing: Original Service Agreement No. 4796; NQ148 (Cost Responsibility Agreement) to be effective 9/21/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5201.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2576-000.

    Applicants: Southern California Edison Company.

    Description: Section 205(d) Rate Filing: SCE MWD Replacement Agreements and Notices of Cancellation to be effective 10/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5209.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2577-000.

    Applicants: York Haven Power Company, LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 11/29/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5251.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2578-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Tariff Cancellation: Termination of Shelter Cove Resort Improvement District No. 1 IA and WDT (SA 40) to be effective 11/30/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5269.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2580-000.

    Applicants: SEMASS Partnership.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authorization to be effective 11/29/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5274.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2581-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Section 205(d) Rate Filing: Shelter Cove Improvement District No. 1 IA and WDT SA (SA No. 382) to be effective 12/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5277.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2582-000.

    Applicants: New England Power Pool Participants Committee.

    Description: Section 205(d) Rate Filing: Oct 2017 Membership Filing to be effective 10/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5280.

    Comments Due: 5 p.m. ET 10/20/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21870 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL18-2-000, QF82-169-011] Applied Energy LLC; Notice of Waiver Request

    Take notice that on October 2, 2017, pursuant to section 292.205(c) of the Federal Energy Regulatory Commission's (Commission) Rules of Practices and Procedures implementing the Public Utility Regulatory Policies Act of 1978, as amended, 18 CFR 292.205(c) (2017), Applied Energy LLC (Applied Energy) requested a limited waiver of the operating standard set forth in section 292.205(a)(1) of the Commission's regulations and the efficiency standard set forth in section 292.205(a)(2) for the topping-cycle cogeneration facility owned and operated by Applied Energy located at the United States Marine Corps Recruit Depot in San Diego, California. Specifically, Applied Energy request waiver of the operating and efficiency standards for calendar years 2017 and 2018, as more fully explained in its waiver request.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on October 23, 2017.

    Dated: October 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-21834 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17-94-000] New York Power Authority v. PJM Interconnection, L.L.C. and PJM Transmission Owners in Their Collective Capacity; Notice of Complaint

    Take notice that on September 28, 2017, pursuant to sections 206, 306 1 and 309 of the Federal Power Act, and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206 (2017). New York Power Authority (NYPA) (Complainant) filed a formal complaint against PJM Interconnection, L.L.C. (PJM) and the PJM Transmission Owners in their Collective Capacity, (jointly Respondents) alleging that, PJM's continued invoicing of NYPA for monthly Regional Transmission Expansion Plan charges associated with the Hudson Transmission Project's 320 MW of Firm Transmission Withdrawal Rights following Hudson Transmission Partners, LLC's surrender of those rights constitutes a violation of the PJM Open Access Transmission Tariff and is unjust, unreasonable, and unduly discriminatory and preferential, all as more fully explained in the complaint.

    1 16 U.S.C. 824e, 825e and 825h (2012).

    NYPA certifies that copies of the complaint were served on the contacts for PJM and the PJM Transmission Owners in their Collective Capacity.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on October 18, 2017.

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21872 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-196-000.

    Applicants: Kanstar Transmission, LLC, Midwest Power Transmission Arkansas, LLC.

    Description: Application for Approval of the Disposition of Jurisdictional Facilities Under Section 203 of the Federal Power Act of Kanstar Transmission, LLC, et al.

    Filed Date: 9/28/17.

    Accession Number: 20170928-5181.

    Comments Due: 5 p.m. ET 10/19/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-2029-002.

    Applicants: Entergy Arkansas, Inc.

    Description: Tariff Amendment: EAI-ESI Reimbursement Agreement Resumption to be effective 8/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5088.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2030-002.

    Applicants: Entergy Louisiana, LLC.

    Description: Tariff Amendment: ELL-ESI Reimbursement Agreement Resumption to be effective 8/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5089.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2031-002.

    Applicants: Entergy Mississippi, Inc.

    Description: Tariff Amendment: EMI-ESI Reimbursement Agreement Resumption to be effective 8/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5090.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2033-002.

    Applicants: Entergy New Orleans, Inc.

    Description: Tariff Amendment: ENO-ESI Reimbursement Agreement Resumption to be effective 8/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5091.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2034-002.

    Applicants: Entergy Texas, Inc.

    Description: Tariff Amendment: ETI-ESI Reimbursement Agreement Resumption to be effective 8/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5092.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2558-000.

    Applicants: NTE Ohio, LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 12/1/2017.

    Filed Date: 9/28/17.

    Accession Number: 20170928-5147.

    Comments Due: 5 p.m. ET 10/19/17.

    Docket Numbers: ER17-2559-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2017-09-28 Salt River Project EIM Implementation Agreement to be effective 4/1/2018.

    Filed Date: 9/28/17.

    Accession Number: 20170928-5157.

    Comments Due: 5 p.m. ET 10/19/17.

    Docket Numbers: ER17-2560-000.

    Applicants: Avista Corporation.

    Description: § 205(d) Rate Filing: Avista Corp NITSA BPA Kalispel SAT-1140 to be effective 10/1/2017.

    Filed Date: 9/28/17.

    Accession Number: 20170928-5160.

    Comments Due: 5 p.m. ET 10/19/17.

    Docket Numbers: ER17-2561-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Pechanga IFA and DSA, SA Nos. 976 and 977 to be effective 10/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5000.

    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2562-000.

    Applicants: Cleco Power LLC.

    Description: § 205(d) Rate Filing: Amendment 2 to Interconnection Agreement between Cleco and LAGEN to be effective 10/1/2017.

    Filed Date: 9/29/17.

    Accession Number: 20170929-5067.

    Comments Due: 5 p.m. ET 10/20/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21869 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG18-1-000.

    Applicants: Friendswood Energy Genco, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5058.

    Comments Due: 5 p.m. ET 10/25/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER17-2292-001.

    Applicants: Southampton Solar, LLC.

    Description: Tariff Amendment: Amendment to Tariff to be effective10/6/2017.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5133.

    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-22-000.

    Applicants: PPL Electric Utilities Corporation, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: PPL submits revisions to OATT, Attachment H-8G re: Depreciation Rate to be effective 1/1/2018.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5042.

    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-23-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-10-04_SA 3012 Wisconsin Power & Light-ATC 1st Revised GIA (J390) to be effective 9/20/2017.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5067.

    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-24-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Westar Energy Formula Rate Revisions to be effective 3/14/2017.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5105.

    Comments Due: 5 p.m. ET 10/25/17.

    Docket Numbers: ER18-25-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Oklahoma Gas and Electric Company Formula Rate Revisions to be effective 7/1/2016.

    Filed Date: 10/4/17.

    Accession Number: 20171004-5127.

    Comments Due: 5 p.m. ET 10/25/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 4, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21839 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-179-000.

    Applicants: Hydro One Limited, Avista Corporation.

    Description: Supplement to September 14, 2017 Joint Application for Authorization of Disposition of Assets and Merger Pursuant to Section 203 of the FPA of Hydro One Limited, et al.

    Filed Date: 10/3/17.

    Accession Number: 20171003-5171.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: EC18-1-000.

    Applicants: Cottonwood Wind Project, LLC, Golden Hills North Wind, LLC, NextEra Energy Bluff Point, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act and Request for Expedited Action of Cottonwood Wind Project, LLC, et. al.

    Filed Date: 10/3/17.

    Accession Number: 20171003-5148.

    Comments Due: 5 p.m. ET 10/24/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER18-19-000.

    Applicants: Arizona Public Service Company.

    Description: Tariff Cancellation: Cancellation of Service Agreement No. 348 to be effective 12/3/2017.

    Filed Date: 10/3/17.

    Accession Number: 20171003-5122.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: ER18-20-000.

    Applicants: Public Service Company of New Mexico.

    Description: Notice of Cancellation of Service Schedules B and C to the Interconnection Agreement of Public Service Company.

    Filed Date: 10/3/17.

    Accession Number: 20171003-5153.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: ER18-21-000.

    Applicants: Niagara Mohawk Power Corporation.

    Description: Notice of Cancellation of Prior Interconnection Service Agreement (No. 326) of Niagara Mohawk Power Corporation.

    Filed Date: 10/3/17.

    Accession Number: 20171003-5160.

    Comments Due: 5 p.m. ET 10/24/17.

    Take notice that the Commission received the following qualifying facility filings:

    Docket Numbers: QF17-1422-000.

    Applicants: Mound Solar Owner VIII, LLC.

    Description: Refund Report of Mound Solar Owner VIII, LLC [Division 1].

    Filed Date: 10/3/17.

    Accession Number: 20171003-5145.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: QF17-1423-000.

    Applicants: Mound Solar Owner VIII, LLC.

    Description: Refund Report of Mound Solar Owner VIII, LLC [Division 2].

    Filed Date: 10/3/17.

    Accession Number: 20171003-5154.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: QF17-1424-000.

    Applicants: Mound Solar Owner VIII, LLC.

    Description: Refund Report of Mound Solar Owner VIII, LLC [Division 3].

    Filed Date: 10/3/17.

    Accession Number: 20171003-5152.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: QF17-1425-000.

    Applicants: Mound Solar Owner IX, LLC.

    Description: Refund Report of Mound Solar Owner IX, LLC [Kettering 1].

    Filed Date: 10/3/17.

    Accession Number: 20171003-5151.

    Comments Due: 5 p.m. ET 10/24/17.

    Docket Numbers: QF17-1426-000.

    Applicants: Mound Solar Owner IX, LLC.

    Description: Refund Report of Mound Solar Owner IX, LLC [Kettering 2].

    Filed Date: 10/3/17.

    Accession Number: 20171003-5150.

    Comments Due: 5 p.m. ET 10/24/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 4, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21838 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 9968-002] Massachusetts Water Resource Authority; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Applications: Exemption surrender.

    b. Project No.: 9968-002.

    c. Date Filed: September 18, 2017.

    d. Exemptee: Massachusetts Water Resource Authority (MWRA).

    e. Name of Projects: Aqueduct Transfer Project No. 9968.

    f. Location: City of Southborough, Worcester County, Massachusetts.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a—825r.

    h. Applicant Contact: Ms. Pamela Heidell, MWRA, 100 First Ave., Building 39, Boston, MA 02129, (617) 788-1102.

    i. FERC Contact: David Rudisail, (202) 502-6376, [email protected]

    j. Deadline for filing comments, motions to intervene, protests, and recommendations is 30 days from the issuance date of this notice by the Commission. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P-9968-002) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The project has had only intermittent use and has not generated power since June 7, 1995. MWRA has determined that the cost of maintaining the project is not economically feasible, and therefore, petitioned to surrender the exemption. MWRA proposes maintain the valves to the turbine in an off position, lock out the electrical breaker from the generator, and disconnect the leads to the generator.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208- 3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE, as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene or protests should relate to project works which are the subject of the license proposed re-development. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: October 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-21836 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. DI17-12-000] Ram Valley LLC; Notice of Declaration of Intention and Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following application has been filed with the Commission and is available for public inspection:

    a. Application Type: Declaration of Intention.

    b. Docket No: DI17-12-000.

    c. Date Filed: September 22, 2017.

    d. Applicant: Ram Valley LLC.

    e. Name of Project: Juniper Creek Hydroelectric Project.

    f. Location: The proposed Juniper Creek Hydroelectric Project would be located near the Town of Shenandoah, in Schuylkill County, Pennsylvania.

    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b) (2012).

    h. Applicant Contact: David Brailey, managing member, Ram Valley LLC, 3527 North Point Drive, Anchorage, AK 99502, telephone: (907) 248-0058; email: [email protected]; Agent Contact: David Brailey, owner, Brailey Hydrologic, 3527 North Point Drive, Anchorage, AK 99502, telephone: (907) 248-0058.

    i. FERC Contact: Any questions on this notice should be addressed to Jennifer Polardino, (202) 502-6437, or email: [email protected]

    j. Deadline for filing comments, protests, and motions to intervene is: 30 days from the issuance date of this notice by the Commission.

    The Commission strongly encourages electronic filing. Please file comments, protests, and motions to intervene using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number DI17-12-000.

    k. Description of Project: The proposed run-of-river Juniper Creek Hydroelectric Project would consist of: (1) A low-head diversion structure on Juniper Creek; (2) a 16-inch-diameter, 1,125-foot-long buried penstock; (3) a 20-foot-wide, 20-foot-long powerhouse containing a 320-kilowatt generating unit; (4) a 40-foot-long tailrace returning water to Juniper Creek; (5) a 1,700-foot-long, 13.8-kilovolt underground transmission line; (6) access trails; and (7) appurtenant facilities.

    When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the project would affect the interests of interstate or foreign commerce. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) would be located on a non-navigable stream over which Congress has Commerce Clause jurisdiction and would be constructed or enlarged after 1935.

    l. Locations of the Application: This filing may be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above and in the Commission's Public Reference Room located at 888 First Street NE., Room 2A, Washington, DC 20426 or by calling (202) 502-8371.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: All filings must bear in all capital letters the title COMMENTS, PROTESTS, and MOTIONS TO INTERVENE, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any Motion to Intervene must also be served upon each representative of the Applicant specified in the particular application.

    p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

    Dated: October 4, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-21833 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17-91-000] Dynegy Lee II, LLC; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On October 4, 2017, the Commission issued an order in Docket No. EL17-91-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the proposed reactive power rates of Dynegy Lee II, LLC may be unjust and unreasonable. Dynegy Lee II, LLC, 161 FERC ¶ 61,016 (2017).

    The refund effective date in Docket No. EL17-91-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL17-91-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2017), within 21 days of the date of issuance of the order.

    Dated: October 4, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21841 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. DI17-9-000] Cole Rhoten; Notice of Declaration of Intention and Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following application has been filed with the Commission and is available for public inspection:

    a. Application Type: Declaration of Intention.

    b. Docket No: DI17-9-000.

    c. Date Filed: July 31, 2017.

    d. Applicant: Cole Rhoten.

    e. Name of Project: William H. Harsha Lake Hydroelectric Project.

    f. Location: The proposed William H. Harsha Lake Hydroelectric Project would be located on the East Fork of the Little Miami River, near the Town of Batavia, in Clermont County, Ohio.

    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. 817(b) (2012).

    h. Applicant Contact: Cole Rhoten, 677 Milford Hills Drive, Milford, OH 45150, telephone: (317) 945-3936; email: [email protected].

    i. FERC Contact: Any questions on this notice should be addressed to Jennifer Polardino, (202) 502-6437, or email: [email protected].

    j. Deadline for filing comments, protests, and motions to intervene is: 30 Days from the issuance date of this notice by the Commission.

    The Commission strongly encourages electronic filing. Please file comments, protests, and motions to intervene using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The first page of any filing should include docket number DI17-9-000.

    k. Description of Project: The proposed run-of-river William H. Harsha Lake Hydroelectric Project would consist of: (1) An existing William H. Harsha Dam; (2) an existing conduit; (3) a 50-170 foot long conduit extension with an end gate; (4) a powerhouse built into the existing spillway structure with a Pelton-turbine generating unit with a generating capacity of one megawatt; (5) a transmission line connecting the generating units with Cincinnati Gas and Electric Company's electric distribution system; and (6) appurtenant facilities. The area of the proposed project is part of the East Fork State Park and the dam is under the jurisdiction of the U.S. Corps of Engineers.

    When a Declaration of Intention is filed with the Federal Energy Regulatory Commission, the Federal Power Act requires the Commission to investigate and determine if the project would affect the interests of interstate or foreign commerce. The Commission also determines whether or not the project: (1) Would be located on a navigable waterway; (2) would occupy public lands or reservations of the United States; (3) would utilize surplus water or water power from a government dam; or (4) would be located on a non-navigable stream over which Congress has Commerce Clause jurisdiction and would be constructed or enlarged after 1935.

    l. Locations of the Application: This filing may be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above and in the Commission's Public Reference Room located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: All filings must bear in all capital letters the title COMMENTS, PROTESTS, and MOTIONS TO INTERVENE, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any Motion to Intervene must also be served upon each representative of the Applicant specified in the particular application.

    p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

    Dated: October 4, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21840 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17-93-000] System Energy Resources, Inc.; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On September 29, 2017, the Commission issued an order in Docket No. EL17-93-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the proposed rate decreases of System Energy Resources, Inc. may be unjust and unreasonable. System Energy Resources, Inc., 160 FERC ¶61,140 (2017).

    The refund effective date in Docket No. EL17-93-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL17-93-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2017), within 21 days of the date of issuance of the order.

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21871 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14854-000] Dominion Energy Services, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On September 6, 2017, Dominion Energy Services, Inc., 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 Tazewell Hybrid Energy Center Project to be located approximately 1.0 mile southwest of the Town of Bluefield in Tazewell County, 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 one of the following two alternatives:

    Alternative 1—(1) a new 3,263-foot-long, 380-foot-high concrete-face rockfill dam for the upper reservoir with a 150-foot-long concrete-lined emergency spillway; (2) a new 1,723-foot-long, 288-foot-high concrete-face rockfill dam for the lower reservoir with a 150-foot-long concrete-lined emergency spillway; (3) a new upper reservoir with a surface area of 112 acres and a storage capacity of 8,173 acre-feet at a surface elevation of 3,830 feet above mean sea level (msl); (4) a new lower reservoir with a surface area of 96 acres and a storage capacity of 8,173 acre-feet at a surface elevation of 3,238 feet msl; (5) a new 9.5-mile-long water source conveyance from the proposed water source to the project; (6) a new 5,235-foot-long penstock connecting the upper and lower reservoirs; (7) a new 250-foot-long, 100-foot-wide, 150-foot-high underground reinforced-concrete powerhouse containing two pump-turbine generator units with a total rated capacity of 446 megawatts (MW) and a rated gross hydraulic head of 621 feet; (8) a new switchyard/substation that ties directly into an existing 765-kilovolt (kV) transmission line; and (9) appurtenant facilities.

    Alternative 2—(1) a new 3,263-foot-long, 380-foot-high concrete-face rockfill dam for the upper reservoir with a 150-foot-long concrete-lined emergency spillway; (2) a new 1,680-foot-long, 257-foot-high concrete-face rockfill dam for the lower reservoir with a 150-foot-long concrete-lined emergency spillway; (3) a new upper reservoir with a surface area of 112 acres and a storage capacity of 11,135 acre-feet at a surface elevation of 3,830 feet msl; (4) a new lower reservoir with a surface area of 144 acres and a storage capacity of 11,135 acre-feet at a surface elevation of 2,937 feet msl; (5) a new 10.5-mile-long water source conveyance from the proposed water source to the project; (6) a new 4,965-foot-long penstock connecting the upper and lower reservoirs; (7) a new 350-foot-long, 100-foot-wide, 150-foot-high underground reinforced-concrete powerhouse containing three pump-turbine generator units with a total rated capacity of 870 MW and a rated gross hydraulic head of 887 feet; (8) a new switchyard/substation that ties directly into an existing 765-kV transmission line; and (9) appurtenant facilities.

    Under both alternatives, mine water would serve as the water source for the initial fill and makeup water.

    The proposed project would have an annual generation of 1,302 gigawatt-hours (GWh) and 2,540 GWh for alternatives 1 and 2, respectively.

    Applicant Contacts: Michael Regulinski, Dominion Energy Virginia, 120 Tredegar Street, RS-2, Richmond, Virginia 23219; phone: 804-819-2794, and Michael Swiger, Van Ness Feldman, LLP, 1050 Thomas Jefferson Street NW., Washington, DC 20007; phone: 202-298-1891.

    FERC Contact: Woohee Choi; phone: (202) 502-6336.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    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 http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14854-000.

    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 http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14854) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21874 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IS17-522-000] Colonial Pipeline Company; Notice of Technical Conference

    The Commission's September 7, 2017 order in the above-captioned proceeding 1 directed that a technical conference be held to address the effect of the tariff changes proposed by Colonial Pipeline Company in its June 23, 2017 filing in this docket.

    1Colonial Pipeline Company, 160 FERC ¶ 61,051 (2017).

    Take notice that a technical conference will be held on Wednesday, October 25, 2017 at 9:00 a.m., in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to [email protected] or call toll free (866) 208-3372 (voice) or (202) 502-8659 (TTY), or send a fax to (202) 208-2106 with the required accommodations.

    All interested persons and staff are permitted to attend. For further information please contact David Faerberg at (202) 502-8275 or email David Faerberg at [email protected]

    Dated: September 29, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21873 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-1101-001.

    Applicants: Texas Gas Transmission, LLC.

    Description: Tariff Amendment: Amendment to Filing in Docket No. RP17-1101-000 to be effective10/1/2017.

    Filed Date: 9/28/17.

    Accession Number: 20170928-5128.

    Comments Due: 5 p.m. ET 10/10/17.

    Docket Numbers: RP16-855-001.

    Applicants: National Grid LNG, LLC.

    Description: Compliance filing NAESB Section 34—MetaData Clean-Up to be effective 4/1/2016.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5169.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-1-000.

    Applicants: American Midstream (AlaTenn), LLC.

    Description: § 4(d) Rate Filing: AlaTenn Reservation Fee Credit Filing to be effective 11/2/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5138.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-2-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 100217 Negotiated Rates—Wells Fargo Commodities, LLC R-7810-04 to be effective 11/1/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5170.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-3-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 100217 Negotiated Rates—Wells Fargo Commodities, LLC R-7810-05 to be effective 11/1/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5171.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-4-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 100217 Negotiated Rates—Wells Fargo Commodities, LLC R-7810-07 to be effective 11/1/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5172.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-5-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Negotiated Rates—MarketLink—PPL Termination to be effective 10/1/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5280.

    Comments Due: 5 p.m. ET 10/16/17.

    Docket Numbers: RP18-6-000.

    Applicants: Equitrans, L.P.

    Description: § 4(d) Rate Filing: Negotiated Capacity Release Agreements—10/1/17 to be effective 10/1/2017.

    Filed Date: 10/2/17.

    Accession Number: 20171002-5290.

    Comments Due: 5 p.m. ET 10/16/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 3, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-21819 Filed 10-10-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Western Area Power Administration Final 2018 Olmsted Power Marketing Plan and Call for Applications AGENCY:

    Western Area Power Administration, DOE.

    ACTION:

    Notice of Final 2018 Olmsted Power Marketing Plan and Call for Applications.

    SUMMARY:

    Western Area Power Administration (WAPA), a Federal power marketing agency of the Department of Energy, announces its Final 2018 Olmsted Power Marketing Plan and Call for Applications for an allocation of energy from the Olmsted Powerplant Replacement Project.

    DATES:

    Applications and Applicant Profile Data are due December 11, 2017 to be assured of consideration by WAPA.

    ADDRESSES:

    Send applications to: Ms. Lynn Jeka, CRSP Manager, CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580. Applications may also be faxed to (801) 524-5017 or emailed to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Mr. Brent Osiek, Power Marketing Manager, (801) 524-5495; or Mr. Lyle Johnson, Public Utilities Specialist, (801) 524-5585. Written requests for information should be sent to CRSP Management Center, Western Area Power Administration, 150 East Social Hall Avenue, Suite 300, Salt Lake City, UT 84111-1580; faxed to (801) 524-5017; or emailed to [email protected]

    SUPPLEMENTARY INFORMATION:

    The United States acquired the Olmsted Powerplant in 1990 through condemnation proceedings in order to secure the water rights associated with the Olmsted Powerplant deemed essential to the Central Utah Project (CUP). The CUP is a participating project of the Colorado River Storage Project. As part of the condemnation proceedings, PacifiCorp continued Olmsted operations until 2015; after which time, the operation of the facility became the responsibility of the Bureau of Reclamation.

    The existing Olmsted Powerplant greatly exceeded its operational life, and a replacement facility was needed for the generation of power and preservation of associated non-consumptive water rights. On February 4, 2015, an Implementation Agreement (Agreement) for the Olmsted Powerplant Replacement Project (Project) was signed by Central Utah Water Conservancy District (District), the Department of the Interior, Bureau of Reclamation, and WAPA (Participants). The Agreement sets forth the responsibilities of the Participants and identifies funding of the Project. The District will construct, operate, maintain, and replace the Olmsted Powerplant and incidental facilities in connection with its CUP operations, including power generation.

    WAPA is responsible for marketing the Olmsted energy, which is anticipated to be first available in the summer of 2018. Power production will be incidental to the delivery of water and will only be available when water is present. Therefore, only energy, without capacity, will be available for marketing. It is expected that the annual energy production from the replacement Olmsted Powerplant will average around 27,000,000 kWh per year.

    Response to Comments on the Olmsted Proposed Marketing Criteria

    WAPA received numerous comments on its Proposed 2018 Olmsted Power Marketing Plan during the comment period. WAPA reviewed and considered all comments received, and this section summarizes and responds to the comments received. For brevity, when it was possible to do so without affecting the meaning of the statements, the public comments below were paraphrased.

    Comment: Can WAPA explain how it determined the marketing area? How were certain Utah counties picked? Is it based on the Provo River drainage? Why were Davis, Weber, Morgan, and Summit counties included?

    Response: Because of the small amount of energy available from the Project, the marketing area was limited to the Utah counties in the vicinity of the powerplant in order to avoid costly transmission and to ensure that entities receiving an allocation would benefit from the energy while at the same time creating a marketing area sufficiently large enough to ensure wide-spread use of the Federal resource.

    Comment: Would there be a benefit to WAPA if a group of eligible applicants were to work together and submit a combined application with a recommended allocation?

    Response: WAPA will not discourage a combined application. However, WAPA will consider the loads and resources of the entities participating in a combined application in the same way it would consider individual applications.

    Comment: The marketing plan states that “priority” will be given to the plant operator, which is the Central Utah Water Conservancy District (District). The commenter supported this “priority or preference” to the District and asked if there are other criteria to be considered by WAPA in giving another utility a similar priority or preference.

    Response: There are no other circumstances that will create priority.

    Comment: Priority should be given to the District as the operator of the Olmsted Powerplant.

    Response: Thank you for your comment.

    Comment: Were applicants expected to apply for an allocation on or before the March 2, 2017, date or will there be another process or timetable to apply for an allocation? Will there be other details about the application process, or will a simple statement of interest as a ready, willing, and able utility be sufficient?

    Response: Details about how to apply for an allocation are provided in this Notice. Applicants will be asked to complete WAPA's Applicant Profile Data form.

    Comment: It would be beneficial if WAPA could expedite the Olmsted Power Marketing Plan process so the awarded entities would have sufficient time to complete the details on transmission and distribution services, scheduling, and reserves for delivery of the Olmsted Powerplant energy.

    Response: WAPA will work to complete this process as quickly as possible while meeting public process requirements.

    Comment: One commenter, as the representative for its members who are also participants in the CRSP, noted it does not have any major issues with the plan.

    Response: Thank you for your comment.

    Comment: One commenter expressed concern that WAPA would “take into consideration all existing Federal hydropower allocations an applicant is currently receiving when determining the Olmsted allocation.” The commenter proposed that allocations be proportionate to other existing Federal allocations.

    Response: In order to assure widespread use for Federal power resources, WAPA will consider the percentage of a customer's total load currently being met with Federal power through other allocations the customer may have. Applicants with larger proportions of load served with Federal power may, therefore, receive a relatively smaller percentage allocation of Olmsted energy and vice versa.

    Comment: One commenter asked for clarification of the specific marketing criteria and administrative discretion referred to under Reclamation Law and further stated: “We assume these marketing criteria and administrative discretion includes the responsibilities and contributions of the parties referred to in the Olmsted Implementation and Funding Agreements and the responsibilities and contributions in these agreements pertain more specifically for this Project and should be considered with more priority.”

    Response: WAPA's Administrator has discretion to provide allocations of electricity pursuant to the body of legislation known as Reclamation Law. No other marketing commitments are made; however, WAPA did provide that the District would receive priority in receiving an allocation.

    Comment: A commenter expressed support for the marketing area identified in the Federal Register Notice (FRN) and asked if the District, whose headquarters are in the marketing area, can serve not only its facilities within the boundaries of the marketing plan but also those that extend beyond the marketing area. The commenter suggested that the marketing plan allow it to serve its loads located within Uintah and Duchesne counties with Olmsted energy.

    Response: Any allocations will be based on loads that are within the marketing area.

    Comment: A separate ratesetting process is required. It is critical that the rate action be completed in a timely manner so that it could be ready to receive energy before it is generated in 2018. It is imperative for the marketing of the energy from Olmsted Powerplant that the rate methodology be competitive in the current power supply market but also sufficient to reimburse the District for the OM&R of the Project.

    Response: WAPA intends to have the ratesetting process proceed concurrently with the completion of the Marketing Plan process.

    Comment: Several comments were received supporting WAPA's proposal to allocate customers a percentage of the energy produced annually and pay the proportional percentage of the Project's annual operation and maintenance expenses.

    Response: WAPA appreciates the support of its proposed rate methodology.

    Comment: One commenter stated, “it makes excellent sense to offer this non-dispatchable resource as a percentage of the total energy available.”

    Response: Thank you for your comment.

    Comment: A commenter claimed it should receive priority for an allocation from Olmsted because it established a vested interest in the facilities as it expended funds many years ago in an unsuccessful attempt to obtain a license from the Federal Energy Regulatory Commission (FERC) to operate the Olmsted Powerplant. Its effort was abandoned when the Olmsted facilities were to be acquired by the Federal government.

    Response: Under Reclamation Law, the expenditure of funds trying to obtain a FERC license to operate the Olmsted Powerplant does not establish a priority for an allocation from any future power generation.

    Comment: What is the “marketing criteria” under Reclamation Law and can this be described?

    Response: WAPA markets Federal hydropower through the authority given it by the body of law known as Reclamation Law including, but not limited to, the Acts of Congress approved June 17, 1902 (32 Stat. 388); the Reclamation Act of 1939, dated August 4, 1939 (53 Stat. 1187); the Department of Energy Organization Act, dated August 4, 1977 (91 Stat. 565); the Energy Policy Act of 1992 (Pub. L. 102-486); and Acts amendatory or supplementary to the foregoing Acts. Marketing Criteria are developed through a public process and are set forth in this Notice.

    Final Olmsted Power Marketing Plan

    WAPA will apply the following criteria to applicants seeking an allocation of energy under the Final 2018 Olmsted Power Marketing Plan:

    1. Contract Term: To gain actual generation data and operating experience, the term of the contract will be limited. Service is expected to begin on July 1, 2018, or as soon as the Project is declared commercially operable; and the contract term will be effective through September 30, 2024.

    2. Marketing Area: Due to the relatively small size of the resource and its operating characteristics, eligible applicants must be preference entities in accordance with section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) and located within the following counties in Utah: Davis, Morgan, Salt Lake, Summit, Utah, Weber, and Wasatch.

    3. Delivery Point: 12.47-kV bus at PacifiCorp's Hale Substation or another substation as agreed by WAPA.

    4. Transmission: Any associated transformation/transmission beyond the Delivery Point is the sole responsibility of the applicant. Applicants must have the necessary arrangements for transmission and/or distribution service in place by April 1, 2018.

    5. Eligible Applicants: WAPA will provide allocations only to preference entities in the marketing area. WAPA, through the public process, will determine the amount of energy, if any, to allocate in accordance with the marketing criteria and administrative discretion under Reclamation Law. Priority will be given to the District as the operator of the Olmsted Powerplant.

    6. Resource Pool: WAPA will take into consideration all existing Federal hydropower allocations an applicant is currently receiving when determining each allocation. Allocations of Olmsted energy will be determined solely by WAPA. Applicants who receive an allocation will be allocated a percentage of the annual energy output of the Powerplant.

    7. Preference Entities: Preference will be given to entities in accordance with section 9(c) of the Reclamation Project Act of 1939, 43 U.S.C. 485h(c), as amended and supplemented, including municipalities, rural cooperatives, and political subdivisions including irrigation or other districts, municipalities, and other governmental organizations that have electric utility status by April 1, 2018; and, Federally recognized Native American tribes as defined in the Indian Self Determination Act of 1975, 25 U.S.C. 5304, as amended. “Electric utility status” means that the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase Federal power from WAPA on a wholesale basis.

    8. Ready, Willing, and Able: Eligible applicants must be ready, willing, and able to receive and distribute or use energy from WAPA. Ready, willing, and able means the applicant has the facilities needed to receive power or has made the necessary arrangements for transmission and/or distribution service, and its power supply contracts with third parties permit the delivery of WAPA's power.

    9. Rates and Payment: A proposed ratesetting methodology will be published in a separate FRN.

    Call for Applications for Power

    This Notice formally requests applications from eligible entities seeking to purchase Federal power from Olmsted. WAPA is requesting that its Applicant Profile Data (APD) form be used to provide a uniform basis for evaluating applications. APD forms are available upon request or may be accessed online at www.wapa.gov/PowerMarketing/Documents/Applicant-Profile-Data-form.pdf. See the ADDRESSES section for where to send applications. To be considered, entities must submit an application to the Western Area Power Administration, CRSP Management Center, as requested below. To ensure full consideration for all applicants, WAPA reserves the right not to consider applications submitted before publication of this Notice or after the deadline specified in the DATES section.

    Applicant Profile Data Application

    The content and format of the APD form are outlined below. Applicants must provide all requested information, or the most reasonable available estimate, or should indicate “not applicable” if they have no information to be considered for a requested item. WAPA is not responsible for errors in data or missing pages. All items of information in the APD form should be answered as if prepared by the entity seeking the allocation. The APD form includes the following:

    1. Applicant: (a) Applicant's (entity requesting a new allocation) name and address. (b) Person(s) representing applicant: Please provide the name, title, address, telephone and fax numbers, and email address of such person(s). (c) Type of organization: For example, Federal or state agency, irrigation district, municipality, Native American tribe, public utility district, or rural electric cooperative. (d) Parent organization of applicant, if any. (e) Name of members or suballottees, if any. (f) Applicable law under which the organization was established. (g) Applicant's geographic service area. If available, submit a map of the service area, and indicate the date prepared. (h) Describe the entity/organization that will interact with WAPA about contract and billing matters. (i) The amount of power the applicant is requesting to be provided by WAPA.

    2. Loads: (a) If applicable, number and type of customers served in one of the last 3 calendar years including calendar years 2014, 2015, or 2016; e.g., residential, commercial, industrial, military base, agricultural. (b) The actual monthly maximum demand (in kilowatts) and energy use (in kilowatthours) experienced in one of the last 3 calendar years including calendar years 2014, 2015, or 2016. (c) For Native American tribe applicants, if actual demand and energy data are not available, provide estimated monthly demand (in kilowatts) with a description of the method and basis.

    3. Resources: (a) A list of current Federal power supplies. For each supply, provide the amount of capacity received from that power supply and its location. (b) Status of power supply contract(s), including a contract termination date. Indicate whether power supply is on a firm basis or some other type of arrangement.

    4. Transmission: (a) Point of delivery: Olmsted energy will be delivered at PacifiCorp's Hale Substation at 12.7-kV or another substation as agreed by WAPA. (b) Transmission arrangement: Describe the applicant's transmission arrangements necessary to deliver power to the requested points of delivery beyond WAPA's transmission system. (c) Provide a brief explanation of the applicant's ability to receive and use, or receive and distribute, Federal power as of April 1, 2018.

    5. Other Information: The applicant may provide any other information pertinent to receiving an allocation.

    6. Signature: The signature and title of an appropriate official who is able to attest to the validity of the APD and who is authorized to submit the request for an allocation is required.

    WAPA's Consideration of Applications

    Upon receiving the APD, WAPA will verify that the applicant meets the eligibility criteria and that the application contains all information requested in the APD form. WAPA may request, in writing, additional information from any applicant whose APD is determined to be deficient. The applicant will have 15 calendar days from the date on WAPA's letter of request to provide the information. If WAPA determines the applicant does not meet the eligibility criteria, WAPA will send a letter explaining why the applicant did not qualify. If the applicant has met the eligibility criteria, WAPA will determine the amount of power, if any, to allocate in accordance with the marketing criteria. WAPA will send a draft contract to the applicant that identifies the terms and conditions of the offer and the amount of power allocated to the applicant.

    Availability of Information

    The APD form and documents developed or retained by WAPA during this public process will be available, by appointment, for inspection and copying at the CRSP Management Center, located at 150 East Social Hall Avenue, Suite 300, Salt Lake City, Utah.

    Procedural Requirements Environmental Compliance

    In compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321-4347), the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), and DOE NEPA Regulations (10 CFR 1021), WAPA issued a Finding of No Significant Impact (FONSI) on January 13, 2017. The FONSI and other NEPA compliance documentation may be found at https://www.wapa.gov/regions/CRSP/environment/Pages/environment.aspx.

    Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601, et seq., requires a Federal agency to perform a regulatory flexibility analysis whenever the agency is required by law to publish a general notice of proposed rulemaking for any proposed rule unless the agency can certify that the rule will not have a significant economic impact on a substantial number of small entities. In defining the term “rule,” the RFA specifies that a “rule” does not include “a rule of particular applicability relating to rates [and] services . . . or to valuations, costs or accounting, or practices relating to such rates [and] services . . . .” 5 U.S.C. 601. WAPA has determined that this action relates to rates or services offered by WAPA and, therefore, is not a rule within the purview of the RFA.

    Review Under the Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, 94 Stat. 2812, WAPA received approval from the Office of Management and Budget (OMB), under control number 1910-5136, to collect customer information through WAPA's Applicant Profile Data in order to allocate Federal hydropower.

    Determination Under Executive Order 12866

    WAPA has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required.

    Dated: August 18, 2017. Mark A. Gabriel, Administrator.
    [FR Doc. 2017-21934 Filed 10-10-17; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9969-15-OARM] National Advisory Council for Environmental Policy and Technology AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Federal Advisory Committee Teleconference.

    SUMMARY:

    Under the Federal Advisory Committee Act, EPA gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT members represent academia, business/industry, non-governmental organizations, and state, local and tribal governments. The purpose of this meeting is for NACEPT to review and discuss draft recommendations addressing how to best integrate citizen science work at EPA through effective collaboration and partnerships. In addition, NACEPT will review and provide comments on a draft citizen science question and answer handbook. A copy of the meeting agenda will be posted at http://www2.epa.gov/faca/nacept.

    DATES:

    NACEPT will hold a public teleconference on November 28, 2017, from 12 p.m. to 4 p.m. (EST).

    ADDRESSES:

    The meeting will be held at the EPA Headquarters, William Jefferson Clinton Federal Building East, Room 1132, 1201 Constitution Avenue NW., Washington, DC 20004.

    FOR FURTHER INFORMATION CONTACT:

    Eugene Green, Designated Federal Officer, [email protected], (202) 564-2432, U.S. EPA, Office of Resources, Operations and Management; Federal Advisory Committee Management Division (MC1601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460.

    SUPPLEMENTARY INFORMATION:

    Requests to make oral comments or to provide written comments to NACEPT should be sent to Eugene Green at [email protected] by November 21st. The teleconference is open to the public, with limited seating available on a first-come, first-served basis. Members of the public wishing to participate in the teleconference should contact Eugene Green via email or by calling (202) 564-2432 no later than Nov 21st.

    Meeting Access: Information regarding accessibility and/or accommodations for individuals with disabilities should be directed to Eugene Green at the email address or phone number listed above. To ensure adequate time for processing, please make requests for accommodations at least 10 days prior to the meeting.

    Dated: September 29, 2017. Eugene Green, Designated Federal Officer.
    [FR Doc. 2017-21956 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9968-88-ORD] Human Studies Review Board; Notification of Public Meetings AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA), Office of the Science Advisor announces two separate public meetings of the Human Studies Review Board (HSRB) to advise the Agency on the ethical and scientific review of research involving human subjects. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than fifteen calendar days' notice.

    DATES:

    A virtual public meeting will be held on Wednesday, October 25, 2017 and Thursday, October 26, 2017, from 1:00 p.m. to approximately 5:00 p.m. Eastern Time on both dates. A separate, subsequent teleconference meeting is planned for Tuesday, December 12, 2017, from 2:00 p.m. to approximately 3:30 p.m. Eastern Time for the HSRB to finalize its Final Report of the October 25 and 26, 2017 meeting and review other possible topics.

    ADDRESSES:

    Both of these meetings will be conducted entirely by telephone and on the Internet using Adobe Connect. For detailed access information visit the HSRB Web site: http://www2.epa.gov/osa/human-studies-review-board.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public who wishes to receive further information should contact the HSRB Designated Federal Official (DFO), Thomas O'Farrell on telephone number (202) 564-8451; fax number: (202) 564-2070; email address: [email protected]; or mailing address: Environmental Protection Agency, Office of the Science Advisor, Mail code 8105R, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

    SUPPLEMENTARY INFORMATION:

    Meeting access: These meetings will be open to the public. The full Agenda and meeting materials will be available at the HSRB Web site: http://www2.epa.gov/osa/human-studies-review-board. For questions on document availability, or if you do not have access to the Internet, consult with the DFO, Thomas O'Farrell, listed under FOR FURTHER INFORMATION CONTACT.

    Special accommodations. For information on access or services for individuals with disabilities, or to request accommodation of a disability, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT at least 10 days prior to the meeting to give EPA as much time as possible to process your request.

    How may I participate in this meeting?

    The HSRB encourages the public's input. You may participate in these meetings by following the instructions in this section.

    1. Oral comments. Requests to present oral comments during either meeting will be accepted up to Noon Eastern Time on Wednesday, October 18, 2017, for the October 25 and 26, 2017 meeting and up to Noon Eastern Time on Tuesday, December 5, 2017 for the December 12, 2017 meeting. To the extent that time permits, interested persons who have not pre-registered may be permitted by the HSRB Chair to present oral comments during either meeting at the designated time on the agenda. Oral comments before the HSRB are generally limited to five minutes per individual or organization. If additional time is available, further public comments may be possible.

    2. Written comments. Submit your written comments prior to the meetings. For the Board to have the best opportunity to review and consider your comments as it deliberates, you should submit your comments by Noon Eastern Time on Wednesday, October 18, 2017, for the October 25 and 26, 2017 meeting and up to Noon Eastern Time on Tuesday, December 5, 2017 for the December 12, 2017 meeting. If you submit comments after these dates, those comments will be provided to the HSRB members, but you should recognize that the HSRB members may not have adequate time to consider your comments prior to their discussion. You should submit your comments to the DFO, Thomas O'Farrell listed under FOR FURTHER INFORMATION CONTACT. There is no limit on the length of written comments for consideration by the HSRB.

    Background

    The HSRB is a Federal advisory committee operating in accordance with the Federal Advisory Committee Act 5 U.S.C. App.2 § 9. The HSRB provides advice, information, and recommendations on issues related to scientific and ethical aspects of third-party human subjects research that are submitted to the Office of Pesticide Programs (OPP) to be used for regulatory purposes.

    Topic for discussion. On October 25 and 26, 2017, EPA's Human Studies Review Board will finalize the draft Final Report from the July 26, 2017 meeting and consider one topic: The Antimicrobial Exposure Assessment Task Force II Airless Sprayer Study Protocol.

    The Agenda and meeting materials for this topic will be available in advance of the meeting at http://www2.epa.gov/osa/human-studies-review-board.

    On December 12, 2017, the HSRB will review and finalize their draft Final Report from the October 25 and 26, 2017 meeting, in addition to other topics that may come before the Board. The HSRB may also discuss planning for future HSRB meetings. The agenda and the draft report will be available prior to the meeting at http://www2.epa.gov/osa/human-studies-review-board.

    Meeting minutes and final reports. Minutes of these meetings, summarizing the matters discussed and recommendations made by the HSRB, will be released within 90 calendar days of the meeting. These minutes will be available at http://www2.epa.gov/osa/human-studies-review-board. In addition, information regarding the HSRB's Final Report, will be found at http://www2.epa.gov/osa/human-studies-review-board or from Thomas O'Farrell listed under FOR FURTHER INFORMATION CONTACT.

    Dated: September 25, 2017. Robert J. Kavlock, EPA Science Advisor.
    [FR Doc. 2017-21939 Filed 10-10-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 25, 2017.

    A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Lindsey Limited Family Partnership Number 2, Jasper, Texas; to retain voting shares of East Texas Bancshares, Inc., Livingston, Texas, and thereby indirectly retain shares of First National Bank of Jasper, Jasper, Texas, and First State Bank of Livingston, Livingston, Texas.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Brandon Vering, Marysville, Kansas; as co-trustee of the Florence J. Summerville Trust No. 1 and the Beryl Padgett Trust No. 1 and individually; to retain voting shares of Padgett Agency, Inc., Greenleaf, Kansas (the company), and thereby retain shares of The Citizens National Bank, Greenleaf, Kansas. Additionally, Mr. Vering seeks approval as a member of the Padgett Family Group.

    C. Federal Reserve Bank of Minneapolis (Brendan S. Murrin, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Clinton J. Nelson, Lakeshore, Minnesota and Clinton J. Nelson, and Carol A. Nelson, Lakeshore, Minnesota; as a group acting in concert to retain voting shares of Great River Holding Company, Baxter, Minnesota, and thereby retain shares of Riverwood Bank, Baxter, Minnesota.

    D. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521. Comments can also be sent electronically to [email protected]:

    1. Stephen M. Holden, Merchantville, New Jersey; as co-Voting Trustee of the J. Mark Baiada Voting Trust, Toms River, New Jersey, to join J. Mark Baiada, Moorestown, New Jersey; Ann Baiada, Moorestown, New Jersey; the 1994 Baiada Family Trust, Evergreen, Colorado; Michael Baiada, Evergreen, Colorado, as trustee of the 1994 Baiada Family Trust; L. Mathew and Janet Baiada, Moorestown, New Jersey; Paul Melan Baiada, Moorestown, New Jersey; the Paul Melan Baiada 1999 Family Trust, Moorestown, New Jersey; Diane Baiada, Moorestown, New Jersey, as trustee of the Paul Melan Baiada 1999 Family Trust; the Baiada Trust for the Benefit of Caitlin Baiada, Moorestown, New Jersey; Diane Baiada and Michael Baiada, as trustees of the Baiada Trust for the Benefit of Caitlin Baiada; the Baiada Trust for the Benefit of Emma Baiada, Moorestown, New Jersey; Diane Baiada and Michael Baiada, as trustees of the Baiada Trust for the Benefit of Emma Baiada; and OceanFirst Bank, Toms River, New Jersey as the co-Voting Trustee of the J. Mark Baiada Voting Trust, Toms River, New Jersey, as part of a group acting in concert to retain voting shares and thereby retain shares of Cornerstone Financial Corporation, Mount Laurel, New Jersey, and thereby retain shares of Cornerstone Bank, Mount Laurel, New Jersey.

    Board of Governors of the Federal Reserve System, October 5, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-21949 Filed 10-10-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 6, 2017.

    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566. Comments can also be sent electronically to [email protected]:

    1. First Financial Bancorp, Cincinnati, Ohio; to merge with MainSource Financial Group, Inc., and thereby indirectly acquire MainSource Bank, both of Greensburg, Indiana.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. BancFirst Corporation, Oklahoma City, Oklahoma; to merge with First Wagoner Corporation, and thereby indirectly acquire shares of First Bank and Trust Company, both of Wagoner, Oklahoma.

    2. BancFirst Corporation, Oklahoma City, Oklahoma; to merge with First Chandler Corp., and thereby indirectly acquire shares of First Bank of Chandler, both of Chandler, Oklahoma.

    Board of Governors of the Federal Reserve System, October 4, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-21791 Filed 10-10-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM [Docket No. OP-1570] Proposed Guidance on Supervisory Expectations for Boards of Directors AGENCY:

    Board of Governors of the Federal Reserve System (Board).

    ACTION:

    Notice; extension of comment period.

    SUMMARY:

    On August 9, 2017, the Board published in the Federal Register proposed guidance on supervisory expectations for boards of directors. To facilitate effective public comment on the proposed guidance, the Board has determined that an extension of the comment period until November 30, 2017, is appropriate. This action will allow interested persons additional time to analyze the proposal and prepare their comments.

    DATES:

    Comments on the proposal must be received on or before November 30, 2017.

    ADDRESSES:

    You may submit comments by any of the methods identified in the proposal.1 Please submit your comments using only one method.

    1See “Proposed Guidance on Supervisory Expectation for Boards of Directors,” 82 FR 37219 (August 9, 2017).

    FOR FURTHER INFORMATION CONTACT:

    Michael Hsu, Associate Director, (202) 912-4330, Michael Solomon, Associate Director, (202) 452-3502, Richard Naylor, Associate Director, (202) 728-5854, Division of Supervision and Regulation; Ben McDonough, Assistant General Counsel, (202) 452-2036, Scott Tkacz, Senior Counsel, (202) 452-2744, Keisha Patrick, Senior Counsel, (202) 452-3559, or Chris Callanan, Senior Attorney, (202) 452-3594, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551. For the hearing impaired only, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869.

    SUPPLEMENTARY INFORMATION:

    On August 9, 2017, the Board published in the Federal Register proposed guidance on supervisory expectations for boards of directors of firms supervised by the Federal Reserve. The proposal addresses supervisory expectations for the boards of directors of bank holding companies, savings and loan holding companies, state member banks, U.S. branches and agencies of foreign banking organizations, and systemically important nonbank financial companies designated by the Financial Stability Oversight Council for supervision by the Federal Reserve. For the largest domestic bank and savings and loan holding companies and systemically important nonbank financial companies, the proposal would establish attributes of effective boards centered on the board's core responsibilities, which support safety and soundness, and would provide the framework with which the Federal Reserve would evaluate the effectiveness of a firm's boards of directors. For all domestic bank and savings and loan holding companies, supervisory expectations for boards of directors contained in certain existing Federal Reserve Supervision and Regulation letters would be revised or eliminated to better distinguish a board's roles and responsibilities from those of senior management and allow boards to focus more of their time and resources on fulfilling their core responsibilities.

    In recognition of the range of issues addressed and the variety of considerations involved with implementing the proposal, the Board requested that commenters respond to a number of questions. The proposal stated that the comment period would close on October 10, 2017.2

    2Id.

    An extension of the comment period will facilitate public comment on the provisions of the proposal and the questions posed by the Board. Therefore, the Board is extending the end of the comment period for the proposal from October 10, 2017, to November 30, 2017.

    By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, October 5, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-21859 Filed 10-10-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 24, 2017.

    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Susan Schardt, Kearney, Nebraska, individually, and as co-trustee of the following trusts: Brian Schardt Trust No. 2; the Christina Nokelby Trust No. 2; the Kimberly Schardt Porter Trust No. 2; and the Rebecca Rathjen Trust No. 2, and as a member of the Schardt Family Group; to acquire shares of Bank Management, Inc., Wahoo, Nebraska and thereby indirectly acquire voting shares of First Bank of Nebraska, Wahoo, Nebraska.

    2. Susan Schardt, Kearney, Nebraska, individually, and as co-trustee of the following trusts: Brian Schardt Trust No. 2; the Christina Nokelby Trust No. 2; the Kimberly Schardt Porter Trust No. 2; and the Rebecca Rathjen Trust No. 2; to acquire voting shares of Exchange Company, Kearney, Nebraska, and thereby indirectly acquire voting shares of Exchange Bank, Gibbon, Nebraska.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Robert G. Good, Corrales, New Mexico; and Robert G. Good, M. Carolyn Good, Los Ranchos, New Mexico, the Good Living Trust/Family Trust, Los Ranchos, New Mexico, Cynthia Alysce Good, Andover, Massachusetts, the 2005 Natalie Grace Good Trust, Andover, Massachusetts, and Thomas Cody Graves, the Lisa L. Graves Heritage Trust, the Cody Clark Graves Heritage Trust, and the Debra L. Graves Bridges Heritage Trust, all of Goldthwaite, Texas, as a group acting in concert (the Good-Graves Family Group); to retain voting shares of Goldthwaite Bancshares, Inc., Goldthwaite, Texas, and thereby retain shares of Mills County State Bank, Goldthwaite, Texas.

    Board of Governors of the Federal Reserve System, October 4, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-21792 Filed 10-10-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461 et seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a savings association and nonbanking companies owned by the savings and loan holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 7, 2017.

    A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566. Comments can also be sent electronically to [email protected]:

    1. First Mutual Holding Co., Lakewood, Ohio; to acquire First Mutual Bank, Belpre, Ohio.

    Board of Governors of the Federal Reserve System, October 4, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-21876 Filed 10-10-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY:

    Federal Trade Commission (“FTC” or “Commission”).

    ACTION:

    Notice.

    SUMMARY:

    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 seeks public comments on its proposal to extend, for three years, the current PRA clearance for information collection requirements contained in its Trade Regulation Rule entitled Labeling and Advertising of Home Insulation (R-value Rule or Rule). That clearance expires on January 31, 2018.

    DATES:

    Comments must be submitted by December 11, 2017.

    ADDRESSES:

    Interested parties may file a comment online or on paper by following the instructions in the Request for Comments part of the SUPPLEMENTARY INFORMATION section below. Write “R-value Rule: FTC File No. R811001” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/rvaluerulepra1 by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment 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.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be addressed to Hampton Newsome, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Mail Code CC-9528, 600 Pennsylvania Ave. NW., Washington, DC 20580, (202) 326-2889.

    SUPPLEMENTARY INFORMATION:

    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 comment before requesting that OMB extend the existing clearance for the information collection requirements contained in the Commission's R-value Rule, 16 CFR part 460 (OMB Control Number 3084-0109).

    The FTC invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    The R-value Rule establishes uniform standards for the substantiation and disclosure of accurate, material product information about the thermal performance characteristics of home insulation products. The R-value of an insulation signifies the insulation's degree of resistance to the flow of heat. This information tells consumers how well a product is likely to perform as an insulator and allows consumers to determine whether the cost of the insulation is justified.

    R-Value Rule Burden Statement

    Estimated annual hours burden: 131,740 hours.

    The Rule's requirements include product testing, recordkeeping, and third-party disclosures on labels, fact sheets, advertisements, and other promotional materials. Based on information provided by members of the insulation industry, staff estimates that the Rule affects: (1) 150 insulation manufacturers and their testing laboratories; (2) 1,615 installers who sell home insulation; (3) 125,000 new home builders/sellers of site-built homes and approximately 5,500 dealers who sell manufactured housing; and (4) 25,000 retail sellers who sell home insulation for installation by consumers.

    Under the Rule's testing requirements, manufacturers must test each insulation product for its R-value. Based on past industry input, staff estimates that the test takes approximately two hours. Approximately 15 of the 150 insulation manufacturers in existence introduce one new product each year. Their total annual testing burden is therefore approximately 30 hours.

    Staff further estimates that most manufacturers require an average of approximately 20 hours per year regarding third-party disclosure requirements in advertising and other promotional materials. Only the five or six largest manufacturers require additional time, approximately 80 hours each. Thus, the annual third-party disclosure burden for manufacturers is approximately 3,360 hours [(144 manufacturers × 20 hours) + (6 manufacturers × 80 hours)].

    While the Rule imposes recordkeeping requirements, most manufacturers and their testing laboratories keep their testing-related records in the ordinary course of business. Staff estimates that no more than one additional hour per year per manufacturer is necessary to comply with this requirement, for an annual recordkeeping burden of approximately 150 hours (150 manufacturers × 1 hour).

    Installers are required to show the manufacturers' insulation fact sheet to retail consumers before purchase. They must also disclose information in contracts or receipts concerning the R-value and the amount of insulation to install. Staff estimates that two minutes per sales transaction is sufficient to comply with these requirements. Approximately 2,000,000 retrofit insulations (an industry source's estimate) are installed by approximately 1,615 installers per year, and, thus, the related annual burden total is approximately 66,667 hours (2,000,000 sales transactions × 2 minutes). Staff anticipates that one hour per year per installer is sufficient to cover required disclosures in advertisements and other promotional materials. Thus, the burden for this requirement is approximately 1,615 hours per year. In addition, installers must keep records that indicate the substantiation relied upon for savings claims. The additional time to comply with this requirement is minimal—approximately 5 minutes per year per installer—for a total of approximately 135 hours.

    New home sellers must make contract disclosures concerning the type, thickness, and R-value of the insulation they install in each part of a new home. Staff estimates that no more than 30 seconds per sales transaction is required to comply with this requirement, for a total annual burden of approximately 9,783 hours (an estimated 1,174,000 new home sales per year 1 × 30 seconds). New home sellers who make energy savings claims must also keep records regarding the substantiation relied upon for those claims. Staff believes that the 30 seconds covering disclosures would also encompass this recordkeeping element.

    1 See Table 3b on housing starts for privately owned units for 2016 at https://www.census.gov/construction/nrc/pdf/newresconst_201706.pdf.

    The Rule requires that the approximately 25,000 retailers who sell home insulation make fact sheets available to consumers before purchase. This can be accomplished by, for example, placing copies in a display rack or keeping copies in a binder on a service desk with an appropriate notice. Replenishing or replacing fact sheets should require no more than approximately one hour per year per retailer, for a total of 25,000 annual hours, industry-wide.

    The Rule also requires specific disclosures in advertisements or other promotional materials to ensure that the claims are fair and not deceptive. This burden is very minimal because retailers typically use advertising copy provided by the insulation manufacturer, and even when retailers prepare their own advertising copy, the Rule provides some of the language to be used. Accordingly, approximately one hour per year per retailer should suffice to meet this requirement, for a total annual burden of approximately 25,000 hours.

    Retailers who make energy savings claims in advertisements or other promotional materials must keep records that indicate the substantiation they are relying upon. Because few retailers make these types of promotional claims and because the Rule permits retailers to rely on the insulation manufacturer's substantiation data for any claims that are made, the additional recordkeeping burden is de minimis. The time calculated for disclosures, above, would be more than adequate to cover any burden imposed by this recordkeeping requirement.

    To summarize, staff estimates that the Rule imposes a total of 131,740 burden hours, as follows: 150 recordkeeping and 3,390 testing and disclosure hours for manufacturers; 135 recordkeeping and 68,282 disclosure hours for installers; 9,783 disclosure hours for new home sellers; and 50,000 disclosure hours for retailers. The estimated total burden is approximately 131,740 burden hours.

    Estimated annual cost burden: $2,616,943 (solely related to labor costs).

    The total annual labor cost for the Rule's information collection requirements is approximately $2,616,943, derived as follows: Approximately $858 for testing, based on 30 hours for manufacturers (30 hours × $28.61 per hour for skilled technical personnel); $4,284 for manufacturers' and installers' compliance with the Rule's recordkeeping requirements, based on 285 hours (285 hours × $15.03 per hour for clerical personnel); $50,501 for manufacturers' compliance with third-party disclosure requirements, based on 3,360 hours (3,360 hours × $15.03 per hour for clerical personnel); and $2,561,300 for disclosure compliance by installers, new home sellers, and retailers (128,065 hours × $20 per hour for sales persons).2

    2 The wage rates for engineering technicians, except drafters (skilled technical personnel), file clerks (clerical personnel), and sales and related occupations (sales persons) are based on recent data from the Bureau of Labor Statistics Occupational Employment Statistics Survey.

    There are no significant current capital or other non-labor costs associated with this Rule. Because the Rule has been in effect since 1980, members of the industry are familiar with its requirements and already have in place the equipment for conducting tests and storing records. New products are introduced infrequently. Because the required disclosures are placed on packaging or on the product itself, the Rule's additional disclosure requirements do not cause industry members to incur any significant additional non-labor associated costs.

    Request for Comment

    You can file a comment online or on paper. December 11, 2017. Write “R-value Rule: FTC File No. R811001” 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 https://www.ftc.gov/policy/public-comments. 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 https://ftcpublic.commentworks.com/ftc/rvaluerulepra1 by following the instructions on the web based form. If this Notice appears at https://www.regulations.gov, you also may file a comment through that Web site.

    If you file your comment on paper, write “R-value Rule: FTC File No. R811001” 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 C), 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, Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.

    Because your comment will be placed on the publicly accessible FTC Web site at www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else'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, such as medical records or other individually identifiable health information. In addition, your comment should not include any “trade secret or any commercial or financial information which . . . is privileged or confidential”—as provided by 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)—including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.

    Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled “Confidential,” and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC Web site—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request.

    Visit the Commission Web site at https://www.ftc.gov to read this Notice. 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 December 11, 2017. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.

    David C. Shonka, Acting General Counsel.
    [FR Doc. 2017-21882 Filed 10-10-17; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Meeting of the National Advisory Council for Healthcare Research and Quality AGENCY:

    Agency for Healthcare Research and Quality (AHRQ), HHS.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with section 10(a) of the Federal Advisory Committee Act, this notice announces a meeting of the National Advisory Council for Healthcare Research and Quality.

    DATES:

    The meeting will be held on Friday, November 3, 2017, from 8:30 a.m. to 2:45 p.m.

    ADDRESSES:

    The meeting will be held at AHRQ, 5600 Fishers Lane, Rockville, Maryland 20857.

    FOR FURTHER INFORMATION CONTACT:

    Jaime Zimmerman, Designated Management Official, at the Agency for Healthcare Research and Quality, 5600 Fishers Lane, Mail Stop 06E37A, Rockville, Maryland 20857, (301) 427-1456. For press-related information, please contact Alison Hunt at (301) 427-1244 or [email protected]

    If sign language interpretation or other reasonable accommodation for a disability is needed, please contact the Food and Drug Administration (FDA) Office of Equal Employment Opportunity and Diversity Management on (301) 827-4840, no later than Friday, October 20, 2017. The agenda, roster, and minutes will be available from Ms. Bonnie Campbell, Committee Management Officer, Agency for Healthcare Research and Quality, 5600 Fishers Lane, Rockville, Maryland 20857. Ms. Campbell's phone number is (301) 427-1554.

    SUPPLEMENTARY INFORMATION:

    I. Purpose

    The National Advisory Council for Healthcare Research and Quality (AHRQ) is authorized by Section 941 of the Public Health Service Act, 42 U.S.C. 299c. In accordance with its statutory mandate, the Council is to advise the Secretary of the Department of Health and Human Services and the Director of AHRQ on matters related to AHRQ's conduct of its mission including providing guidance on (A) priorities for health care research, (B) the field of health care research including training needs and information dissemination on health care quality and (C) the role of the Agency in light of private sector activity and opportunities for public private partnerships. The Council is composed of members of the public, appointed by the Secretary, and Federal ex-officio members specified in the authorizing legislation.

    II. Agenda

    On Friday, November 3, 2017, there will be a subcommittee meeting for the National Healthcare Quality and Disparities Report scheduled to begin at 7:30 a.m. This meeting is open to the public. The full Council meeting will convene at 8:30 a.m., with the call to order by the Council Chair and approval of previous Council summary notes. The meeting is open to the public and will be available via webcast at www.webconferences.com/ahrq. The meeting will begin with an update on AHRQ's current research, programs, and initiatives. The agenda will also include an update on AHRQ's work in learning health care systems and an update on AHRQ's data platform. The final agenda will be available on the AHRQ Web site at www.AHRQ.gov no later than Friday, October 27, 2017.

    Sharon B. Arnold, Deputy Director.
    [FR Doc. 2017-22041 Filed 10-10-17; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of Closed Meeting

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following meeting.

    The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Name of Committee: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)—PAR15-352, Occupational Safety and Health Training Projects.

    Date: December 6-7, 2017.

    Time: 1:00 p.m.-6:00 p.m., EST.

    Place: Teleconference.

    Agenda: The meeting will include the initial review, discussion, and evaluation of applications received in response to PAR15-352, Occupational Safety and Health Training Projects.

    For Further Information Contact: Michael Goldcamp, Ph.D., Scientific Review Officer/CDC, 1095 Willowdale Road, Mailstop H1808, Morgantown, West Virginia 26505,(304) 285-5951; [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Claudette Grant, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2017-21818 Filed 10-10-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers CMS-381] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by November 13, 2017.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Reinstatement without change of a previously approved collection; Title of Information Collection: Identification of Extension Units of Medicare Approved Outpatient Physical Therapy/Outpatient Speech Pathology (OPT/OSP) Providers and Supporting Regulations; Use: The provider uses the form to report to the state survey agency extension locations that it has added since the date of last report. The form is used by the state survey agencies and by our regional offices to identify and monitor extension locations to ensure their compliance with the federal requirements for the providers of outpatient physical therapy and speech-language pathology services. Form Number: CMS-381 (OMB control number: 0938-0273); Frequency: Annually; Affected Public: Private Sector; Business or other for-profit and not-for-profit institutions; Number of Respondents: 2,161; Total Annual Responses: 2,161; Total Annual Hours: 540. (For policy questions regarding this collection contact Peter Ajuonuma at 410-786-3580.)

    Dated: October 5, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2017-21875 Filed 10-10-17; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request; Proposed Projects: Renewal of the Low Income Home Energy Assistance Program (LIHEAP) Performance Data Form (LPDF)

    Title: LIHEAP Performance Data Form for Federal Fiscal Year (FFY) XXXX.

    OMB No.: 0970-0449.

    Description: In response to the 2010 Government Accountability Office (GAO) report, Low Income Home Energy Assistance Program—Greater Fraud Prevention Controls are Needed (GAO-10-621), and in consideration of the recommendations issued by the Low Income Home Energy Assistance Program (LIHEAP) Performance Measures Implementation Work Group, the Office of Community Services (OCS) required the collection and reporting of the new performance measures by state LIHEAP grantees and the District of Columbia. Office of Management and Budget (OMB) approved the LIHEAP Performance Data Form (LPDF) in November 2014 (OMB Clearance No. 0970-0449) that expires on October 31, 2017. The LPDF provides for the collection of the following LIHEAP performance measures which are considered to be developmental as part of the LPDF:

    1. The benefit targeting index for high burden households receiving LIHEAP fuel assistance;

    2. The burden reduction targeting index for high burden households receiving LIHEAP fuel assistance;

    3. The number of households where LIHEAP prevented a potential home energy crisis; and

    4. The number of households where LIHEAP benefits restored home energy.

    All State LIHEAP grantees and the District of Columbia are required to complete the LPDF data through the Administration for Children and Families' (ACF) web-based data collection and reporting system, the Online Data Collection (OLDC), which is available at: https://home.grantsolutions.gov/home. The reporting requirements will be described through OLDC.

    The previous OMB-approved LIHEAP Grantee Survey on sources and uses of LIHEAP funds was added in 2014 to the LPDF as an addition to the LIHEAP performance data. No substantive changes are being proposed for this data collection activity. A sample of the draft form is available for viewing here: https://www.acf.hhs.gov/ocs/resource/funding-applications.

    The form is divided into the following three modules to add clarity:

    Module 1. LIHEAP Grantee Survey (Required Reporting)

    Module 1 of the LPDF will continue to require the following data from each state for the federal fiscal year:

    • Grantee information,

    • sources and uses of LIHEAP funds,

    • average LIHEAP household benefits, and

    • maximum income cutoffs for 4-person households for each type of LIHEAP assistance provided by each grantee for the fiscal year.

    Module 2. LIHEAP Performance Measures (Required Reporting)

    Module 2 of the LPDF will continue to require the following data from each state for the federal fiscal year:

    • Grantee information,

    • energy burden targeting,

    • restoration of home energy service, and

    • prevention of loss of home energy.

    Module 3. LIHEAP Performance Measures (Optional Reporting)

    Module 3 of the LIHEAP LPDF will continue to voluntarily collect the following additional information from each interested grantee for the federal fiscal year:

    • Average annual energy usage,

    • Unduplicated number of households using supplemental heating fuel and air conditioning,

    • Unduplicated number of households that had restoration of home energy service, and

    • Unduplicated number of households that had prevention of loss of home energy.

    Based on the data collected in the LPDF:

    • ACF will provide reliable and complete LIHEAP fiscal and household data to Congress in the Department's annual LIHEAP Report to Congress.

    • ACF will calculate LHEAP performance measures and report the results through the annual budget development process and in LIHEAP's annual Congressional Justification (CJ) under the Government Performance and Results Act of 1993.

    • ACF and grantees will be informed about the impact LIHEAP has with respect to LIHEAP households' home energy burden (the proportion of their income spent towards their home heating and cooling bills), including information on the difference between the average recipient and high burden recipients, restoring home energy service, and preventing loss of home energy service.

    • ACF will be able to respond to questions on sources and uses of LIHEAP funds from the Congress, Department, OMB, White House, and other interested parties in a timely manner.

    • LIHEAP grantees will be able to compare their own results to the results for other states, as well as to regional and national results, through the Data Warehouse of the LIHEAP Performance Management Web site as they manage their programs.

    Respondents: State Governments and the District of Columbia.

    Annual Burden Estimates

    The table below shows the estimated data collection and reporting burden for the LPDF as reported in 2014. These estimates are based on a small number of interviews conducted in 2014 with grantees, sub-grantees, and energy vendors. In support of this submission requesting comments, ACF is currently re-assessing the level of effort to collect and report the required data in order to develop updated burden estimates. The original 2014 estimates were based on grantee reporting capabilities at that time and included time and costs for initial system development. However, since most grantees have improved their reporting capabilities, many grantees have completed their system development, and ACF has furnished reporting resources and technical assistance to assist grantees, it is expected that the time and costs associated with reporting are lower than the original 2014 estimates show below.

    Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per
  • response
  • Total burden hours
    Module 1: Grantee Survey Grantees 51 1 3.5 178.50 Module 2: Performance Measures Grantees 51 1 100 5,100 Sub-Grantees (in states with sub-grantee managed systems) 200 (estimate) 1 80 hours 16,000 Large Energy Vendors (largest 5 electric, 5 gas, 10 fuel oil, and 10 propane vendors per state—average) 1,530 (estimate) 1 40 hours 61,200 Small Energy Vendors (excluded except in special circumstances) 200 1 10 2,000 Total Annual Burden Hours 2,032 1 Varies 84,478

    Estimated Total Annual Burden Hours: 168,956.50.

    In compliance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chap 35), the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201. Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments 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 of the proposed collection of information; (c) 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. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Mary Jones, Reports Clearance Officer.
    [FR Doc. 2017-21774 Filed 10-10-17; 8:45 am] BILLING CODE 4184-80-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [OMB No. 0970-0356] Proposed Information Collection Activity; Comment Request

    Title: Formative Data Collections for ACF Research and Program Support

    Description: The Office of Planning, Research, and Evaluation (OPRE), in the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) intends to request approval from the Office of Management and Budget (OMB) to renew a generic clearance to conduct a variety of formative data collections with more than nine respondents. The data collections will inform future research and program support but will not be highly systematic nor intended to be statistically representative.

    ACF programs promote the economic and social well-being of families, children, individuals and communities. OPRE studies ACF programs, and the populations they serve, through rigorous research and evaluation projects. These include evaluations of existing programs, evaluations of innovative approaches to helping low income children and families, research syntheses and descriptive and exploratory studies. OPRE's research serves to provide further understanding of current programs and service populations, explore options for program improvement, and assess alternative policy and program designs. OPRE anticipates undertaking a variety of new research projects related to welfare, employment and self-sufficiency, Head Start, child care, healthy marriage and responsible fatherhood, family and youth services, home visiting, and child welfare. Many ACF program offices find a need to learn more about funded program services to inform internal decision making and to provide adequate support. Some program offices conduct their own research and evaluation projects.

    Under this generic clearance, ACF would engage in a variety of formative data collections with researchers, practitioners, TA providers, service providers and program participants throughout the field to fulfill the following goals: (1) Inform the development of ACF research, (2) maintain a research agenda that is rigorous and relevant, (3) ensure that research products are as current and responsive to audience needs as possible and (4) inform the provision of technical assistance. ACF envisions using a variety of techniques including semi-structured discussions, focus groups, and telephone or in-person interviews, in order to reach these goals.

    Following standard OMB requirements, OPRE will submit a change request for each individual data collection activity under this generic clearance. Each request will include the individual instrument(s), a justification specific to the individual information collection, and any supplementary documents. OMB should review requests within 10 days of submission.

    Under this generic IC information will not be collected with the primary purpose of publication, but findings are meant to inform ACF activities and may be incorporated into documents or presentations that are made public. The following are some examples of ways in which we may disseminate information resulting from these data collections: Research design documents or reports; research or technical assistance plans; background materials for technical workgroups; concept maps, process maps, or conceptual frameworks; contextualization of research findings from a follow-up data collection that has full PRA approval; informational reports to stakeholders such as funders, grantees, local implementing agencies, and/or TA providers. In presenting findings, we will describe the study methods and limitations with regard to generalizability and as a basis for policy recommendations.

    Respondents: Key stakeholder groups involved in ACF projects and programs, state or local government officials, service providers, participants in ACF programs or similar comparison groups; experts in fields pertaining to ACF research and programs, or others involved in conducting ACF research or evaluation projects.

    Annual Burden Estimates Instrument type Estimated
  • total
  • number of
  • respondents
  • Estimated
  • number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Estimated
  • total burden
  • hours
  • Semi-Structured Discussions, Focus Groups 1,750 1 2 3,500 Interviews 750 1 1 750 Questionnaires/Surveys 500 1 .5 250

    Total Estimated Burden Hours: 4,500.

    In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research, and Evaluation, 330 C Street SW., Washington, DC 20201, Attn: OPRE Reports Clearance Officer. Email address: [email protected]. All requests should be identified by the title of the information collection.

    The Department specifically requests comments 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 of the proposed collection of information; (c) 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. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Mary Jones, ACF/OPRE Certifying Officer.
    [FR Doc. 2017-21885 Filed 10-10-17; 8:45 am] BILLING CODE 4184-79-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Public Comment Request; Information Collection Request Title: Bureau of Primary Health Care Uniform Data System, OMB No. 0915-0193—Revision AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, HRSA has submitted an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public during the review and approval period.

    DATES:

    Comments on this ICR should be received no later than November 13, 2017.

    ADDRESSES:

    Submit your comments, including the Information Collection Request Title, to the desk officer for HRSA, either by email to [email protected] or by fax to 202-395-5806.

    FOR FURTHER INFORMATION CONTACT:

    To request a copy of the clearance requests submitted to OMB for review, email Lisa Wright-Solomon, the HRSA Information Collection Clearance Officer at [email protected] or call (301) 443-1984.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the information request collection title for reference, in compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995.

    Information Collection Request Title: Bureau of Primary Health Care Uniform Data System, OMB No. 0915-0193—Revision.

    Abstract: The Uniform Data System (UDS) is the Bureau of Primary Health Care's (BPHC) annual reporting system for the HRSA-supported health centers. UDS includes reporting requirements for Health Center Program look-alikes and grantees of the following: Community Health Center program, Migrant Health Center program, Health Care for the Homeless program, and Public Housing Primary Care program. A subset of recipients of the Bureau of Health Workforce's (BHW) Nurse Education, Practice, Quality and Retention (NEPQR) program, specifically those recipients that are funded under the practice priority areas listed under Public Health Services Act (PHSA) Sec. 831(b), are also required to complete UDS annual reporting.

    Need and Proposed Use of the Information: HRSA collects UDS data annually to ensure compliance with legislative and regulatory requirements, improve health center performance and operations, and report overall program accomplishments. The data help to identify trends, enabling HRSA to establish or expand targeted programs and identify effective services and interventions to improve the health of medically underserved communities and vulnerable populations. UDS data are compared with national health-related data, including the National Health Interview Survey and National Health and Nutrition Examination Survey to explore potential differences between health center patient populations and the U.S. population at large, and those individuals and families who rely on the health care safety net for primary care. UDS data also inform Health Center Program partners and communities regarding the patients served by health centers.

    HRSA received public comment to the Federal Register notice “Bureau of Primary Health Care Uniform Data System” published on May 5, 2017, at 82 FR 21253. We have taken the commenter's suggestions into consideration and have made appropriate adjustments to the data collection instruments.

    The UDS data collection will be revised in six ways.

    • To support continued efforts to standardize data collection and reduce the burden per respondent of reporting for health centers, HRSA is updating the clinical quality measures in table 6B and 7 to align with the Centers for Medicare & Medicaid Services (CMS) electronic clinical quality measures (e-CQMs) designated for the 2018 reporting period.

    • Poor glycemic control is defined as HbA1c >9% per the CMS quality programs and e-specifications. Although clinical recommendations (e.g., American Diabetes Association) suggest that people with diabetes should aim to have an HbA1c ≤7% (or HbA1c<8%), the CMS e-specification only accounts for “poor diabetes control.” Therefore, HRSA is removing this column to be consistent with the Healthy People 2020 national benchmark, CMS eCQMs, and to reduce reporting burden.

    • Patient Centered Medical Home (PCMH) recognition assesses a health center's approach to patient-centered care. HRSA routinely receives PCMH recognition data from national quality recognition bodies. Therefore, HRSA is removing this question to reduce reporting burden.

    • Telehealth is increasingly used as a method of health care delivery for the health center patient population, especially hard-to-reach patients living in geographically isolated communities. Collecting information on telehealth capacity and use of telehealth is essential for delivering technical assistance to health centers and assuring access to comprehensive, culturally competent, quality primary health care services. Based on the uniqueness of telehealth data and its introduction into the UDS system, HRSA is proposing questions that more precisely describe health center efforts in this area.

    • Medication-Assisted Treatment (MAT) has been proven to be an effective treatment option for substance abuse disorder. With the enactment of the Comprehensive Addiction and Recovery Act of 2016, Public Law 114-198, opioid treatment prescribing privileges have been extended beyond physicians to include certain qualifying nurse practitioners (NPs) and physicians' assistants (PAs). As a result, HRSA is updating the MAT for Opioid Use Disorder question in Appendix E of the UDS to include NPs and PAs who have received an appropriate waiver to dispense narcotic drugs.

    • In 2016, 98.7% of HRSA supported grantees reported adoption and use of Electronic Health Records (EHRs). The question in Appendix D regarding Meaningful Use attestation stages captures precise data regarding health center participation in the program. HRSA is updating this question to align with the CMS EHR Incentive Program Updates pertaining to attestation titles.

    Likely Respondents: The respondents will be HRSA BPHC Health Center Program grantees, look-alikes, and BHW NEPQR Program recipients funded under the practice priority areas listed under PHSA Sec. 831(b).

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose, or provide the information requested. This includes the time needed to review instructions; to develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Total
  • responses
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Universal Report 1,471 1 1,471 168 247,128 Grant Report 504 1 504 21 10,584 Total 1,975 1,975 257,712
    Amy McNulty, Acting Director, Division of the Executive Secretariat.
    [FR Doc. 2017-21844 Filed 10-10-17; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier HHS-OS-0955-0003] 60-Day Notice Template for Request for Generic Clearance for the Collection of Routine Customer Feedback on HHS Communications AGENCY:

    U.S. Department of Health and Human Services (HHS).

    ACTION:

    Notice and request for comments. Office of the National Coordinator for Health Information Technology is requesting OMB approval for an extension on the Generic Clearance for the Collection of Routine Customer Feedback by OMB.

    SUMMARY:

    Department of Health and Human Services, The Office of the Secretary (OS), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on the “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” for approval under the Paperwork Reduction Act (PRA). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces our intent to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed information collection.

    DATES:

    Consideration will be given to all comments received by December 11, 2017.

    ADDRESSES:

    Submit comments by one of the following methods:

    Web site: www.regulations.gov. Direct comments to Docket ID OMB-2010-0021.

    Email: [email protected]

    Phone: (202) 795-7714.

    Comments submitted in response to this notice may be made available to the public through relevant Web sites. 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 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.

    FOR FURTHER INFORMATION CONTACT:

    Sherrette Funn, [email protected] or (202) 795-7714.

    SUPPLEMENTARY INFORMATION:

    Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.

    Abstract: The proposed information collection activity provides a means to garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management.

    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:

    • 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 and is not retained;

    • 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; and

    • 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.

    Current Actions: Extension of approval for a collection of information.

    Type of Review: Extension.

    Affected Public: Individuals, households, professionals, public/private sector.

    Estimated Number of Respondents:

    Below we provide projected average estimates for the next three years:

    Average Expected Annual Number of Activities: 7.

    Average Number of Respondents per Activity: 350.

    Annual Responses: 4,158.

    Frequency of Response: Once per request.

    Average Minutes per Response: 5.

    Burden Hours: 1,041.

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. Comments are invited on: (a) Whether the 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 of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (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; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    All written comments will be available for public inspection at Regulations.gov.

    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 Office of Management and Budget control number.

    Darius Taylor, Information Collection Clearance Officer.
    [FR Doc. 2017-21822 Filed 10-10-17; 8:45 am] BILLING CODE 4150-45-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Division of Behavioral Health; Youth Regional Treatment Center Aftercare Pilot Project

    Announcement Type: New.

    Funding Announcement Number: HHS-2018-IHS-YRTC-0001.

    Catalog of Federal Domestic Assistance Number: 93.933.

    Key Dates

    Application Deadline Date: October 1, 2017.

    Review Date: October 9, 2017.

    Earliest Anticipated Start Date: November 1, 2017.

    Signed Tribal Resolutions Due Date: October 1, 2017.

    Proof of Non-Profit Status Due Date: October 1, 2017.

    I. Funding Opportunity Description Statutory Authority

    The Indian Health Service (IHS) Office of Clinical and Preventative Services, Division of Behavioral Health (DBH), is accepting applications for a cooperative agreement for Youth Regional Treatment Center Aftercare Pilot Projects (Short Title: Youth Aftercare). This program was established by the Consolidated Appropriations Act of 2017, Public Law 115-31, 131 Stat. 135 (2017). This program is authorized by 25 U.S.C. 13, the Snyder Act, and the Indian Health Care Improvement Act, 25 U.S.C. 1665a and 1665g. This program is described in the Catalog of Federal Domestic Assistance (CFDA) under 93.933.

    Background

    According to data from the CDC Youth Risk Behavior Surveillance Survey, American Indian and Alaska Native (AI/AN) youth self-report higher rates of illicit substance use when compared to the general population. Substance use among AI/AN youth contributes to an increased risk of negative social problems that can range from delinquency to violence, including higher rates of suicide, and alcohol and drug-related deaths when compared to U.S. all-races (2014 Trends In Indian Health).

    The IHS currently funds 11 Youth Residential Treatment Centers (YRTC) that provide a range of clinical services rooted in culturally relevant, holistic models of care. However, once AI/AN youth are discharged from the YRTC, they are faced with leaving a structured environment only to return home to families who may be unprepared to offer the needed support and where aftercare/case management resources can be limited.

    Purpose

    The purpose of the YRTC Aftercare Pilot Project cooperative agreement is to address the gap in services that occurs when youth are discharged upon successful completion of a YRTC treatment program and return to their home community where necessary support systems may not exist. Insufficient options for continued care at home and in the community significantly decrease the likelihood of a continued journey of wellness for youth exiting the care of an YRTC. This pilot project will develop promising practices between YRTCs and Tribal communities to reduce alcohol and substance use relapse by identifying transitional services that can be culturally adapted to meet the needs of AI/AN youth to increase resiliency, self-coping, and provide support systems. By exploring solutions for how this continuum of care should take place after inpatient treatment, efforts will be made to establish community-based approaches to reduce alcohol and substance use relapse and establish effective reintegration processes.

    Each application for the YRTC Aftercare Pilot Program will be required to address the following six objectives as outlined (and detailed in Section A, Part B—Proposed Approach) in their project narrative.

    1. Provide aftercare and case management services.

    2. Create and train community support systems in evidence-based care.

    3. Identify and implement best practices for increasing access to transitional services.

    4. Incorporate social media into aftercare practices.

    5. Increase data collection for post residential discharged youth.

    6. Evaluate and disseminate information among all YRTC facilities.

    All six of the objectives must be addressed in the application. If an application submission does not address all of the objectives in the Project Narrative scope of work, the application will not be considered for funding.

    II. Award Information

    Type of Award:Cooperative Agreement.

    Estimated Funds Available

    The funding identified for the current fiscal year (FY) 2017 is $810,000. The amount of funding identified for Year 2 and Year 3 of the cooperative agreement is $810,000. The amount of funding available for competing and continuation awards issued under this announcement is subject to the availability of appropriations and budgetary priorities of the Agency. The IHS is under no obligation to make awards that are selected for funding under this announcement.

    Anticipated Number of Awards

    One award for $810,000 will be issued under this program announcement.

    Project Period

    The project period is for three years and will run consecutively from November 1, 2017 to October 31, 2020.

    Cooperative Agreement

    Cooperative agreements awarded by the Department of Health and Human Services (HHS) are administered under the same policies as a grant. However, the funding agency (IHS) is required to have substantial programmatic involvement in the project during the entire award segment. Below is a detailed description of the level of involvement required for both IHS and the grantee. IHS will be responsible for activities listed under section A and the grantee will be responsible for activities listed under section B as stated:

    Substantial Involvement Description for Cooperative Agreement A. IHS Programmatic Involvement

    The IHS assigned program official will monitor the overall progress of the awardee's execution of the requirements of the award: IHS award noted below as well as their adherence to the terms and conditions of the cooperative agreements. This includes providing guidance for required reports, developing of tools, and other products, interpreting program findings, and assisting with evaluations and overcoming any difficulties or performance issues encountered.

    B. Grantee Cooperative Agreement Award Activities

    • Provide aftercare and case management services.

    (a) Support for an additional YRTC coordinator or case manager to:

    (i) Establish, in partnership with youth, a post treatment plan.

    (ii) Develop partnerships with service providers and community programs at the community level.

    (iii) Improve engagement with families and support systems of AI/AN youth participating in an YRTC program. Suggested activities may include travel assistance for family members to increase participation during youth treatment and positive parenting curriculum to parents while their youth is in care and post-treatment.

    (b) Provide Peer Recovery Support Specialist certification.

    (i) Increase placement of peer-to-peer support in partner community sites of youth participants.

    (ii) Provide ongoing training to Peer Recovery Support Specialist from partner communities.

    • Create and train community support systems in evidence-based care.

    (a) This may include how to identify signs of relapse, how to identify signs of mental health distress, how to navigate community referral processes, and how to manage prescription drugs.

    • Identify and implement best practices for increasing access to transitional services.

    (a) This may include assistance with: Planning for education, referring to natural helpers, referral for housing, accompanying youth to outpatient or other community services, accessing culturally appropriate interventions, consultation with employers, in-home evaluations of family or living situations, parenting support, and transitioning to adult services.

    • Incorporate social media into aftercare practices.

    (a) Explore and identify new avenues for incorporating social media into aftercare practices (e.g., production of peer to peer support applications and encouragement to find aftercare support through interactive technology).

    • Increase data collection for post residential discharged AI/AN youth.

    (a) Increase data collection for post residential discharged youth through established data collection plans including post treatment outcomes for AI/AN youth at 30, 60, 90 days, 6 months and one year through a data collection process. (See Section A Part D—Performance Measurement Plan and Evaluation.)

    • Evaluate and disseminate information among all YRTC facilities.

    (a) Develop, maintain, and disseminate comprehensive information on AI/AN youth aftercare practices to be shared among all YRTC leadership. This information should be focused on promising and best practices, service delivery, quality improvement, and strategies to be used among all YRTCs.

    • Maintain open and consistent communication with the IHS program official on any financial or programmatic barriers to meeting the requirements of the award.

    III. Eligibility Information

    I.

    1. Eligibility

    To be eligible for this “New FY2018 Funding Opportunity” under this announcement, applicants must be one of the following as defined by 25 U.S.C. 1603:

    • A Federally-recognized Indian Tribe as defined by 25 U.S.C. 1603(14). The term “Indian Tribe” means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

    • A Tribal organization as defined by 25 U.S.C. 1603(26). The term “Tribal organization” has the meaning given the term in the Indian Self-Determination and Education Assistance Act (at 25 U.S.C. 5304(1)): “Tribal organization” means the recognized governing body of any Indian Tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant.

    Note:

    Please refer to Section IV.2 (Application and Submission Information/Subsection 2, Content and Form of Application Submission) for additional proof of applicant status documents required, such as Tribal resolutions, proof of non-profit status, etc.

    2. Cost Sharing or Matching

    The IHS does not require matching funds or cost sharing for grants or cooperative agreements.

    3. Other Requirements

    If application budgets exceed the highest dollar amount outlined under the “Estimated Funds Available” section within this funding announcement, the application will be considered ineligible and will not be reviewed for further consideration. If deemed ineligible, IHS will not return the application. The applicant will be notified by email by the Division of Grants Management (DGM) of this decision.

    Tribal Resolution

    An Indian Tribe or Tribal organization that is proposing a project affecting another Indian Tribe must include resolutions from all affected Tribes to be served. Applications by Tribal organizations will not require a specific Tribal resolution if the current Tribal resolution(s) under which they operate would encompass the proposed grant activities.

    An official signed Tribal resolution must be received by the DGM prior to a Notice of Award (NoA) being issued to any applicant selected for funding. However, if an official signed Tribal resolution cannot be submitted with the electronic application submission prior to the official application deadline date, a draft Tribal resolution must be submitted by the deadline in order for the application to be considered complete and eligible for review. The draft Tribal resolution is not in lieu of the required signed resolution, but is acceptable until a signed resolution is received. If an official signed Tribal resolution is not received by DGM when funding decisions are made, then a NoA will not be issued to that applicant and they will not receive any IHS funds until such time as they have submitted a signed resolution to the Grants Management Specialist listed in this Funding Announcement.

    Proof of Non-Profit Status

    Organizations claiming non-profit status must submit proof. A copy of the 501(c)(3) Certificate must be received with the application submission by the Application Deadline Date listed under the Key Dates section on page one of this announcement.

    An applicant submitting any of the above additional documentation after the initial application submission due date is required to ensure the information was received by the IHS DGM by obtaining documentation confirming delivery (i.e. FedEx tracking, postal return receipt, etc.).

    IV. Application and Submission Information 1. Obtaining Application Materials

    The application package and detailed instructions for this announcement can be found at http://www.Grants.gov or http://www.ihs.gov/dgm/funding/.

    Questions regarding the electronic application process may be directed to Mr. Paul Gettys at (301) 443-2114 or (301) 443-5204.

    2. Content and Form Application Submission

    The applicant must include the project narrative as an attachment to the application package. Mandatory documents for all applicants include:

    • Table of contents.

    • Abstract (one page) summarizing the project.

    • Application forms:

    ○ SF-424, Application for Federal Assistance.

    ○ SF-424A, Budget Information—Non-Construction Programs.

    ○ SF-424B, Assurances—Non-Construction Programs.

    • Project Narrative (must be single-spaced and not exceed 10 pages).

    ○ Includes the statement of need, proposed scope of work, required objectives, and activities that provide a description of what will be accomplished, an Evaluation and Performance Measurement Plan, and a budget/budget narrative.

    • Tribal Resolution(s).

    • Letters of Support from organization's Board of Directors.

    • 501(c)(3) Certificate (if applicable).

    • Biographical sketches for all Key Personnel.

    • Contractor/Consultant resumes or qualifications and scope of work.

    • Disclosure of Lobbying Activities (SF-LLL).

    • Certification Regarding Lobbying (GG-Lobbying Form).

    • Copy of current Negotiated Indirect Cost rate (IDC) agreement (required in order to receive IDC).

    • Documentation of current Office of Management and Budget (OMB) Financial Audit (if applicable).

    Acceptable forms of documentation include:

    ○ Email confirmation from Federal Audit Clearinghouse (FAC) that audits were submitted; or

    ○ Face sheets from audit reports. These can be found on the FAC Web site: https://harvester.census.gov/facdissem/Main.aspx

    Public Policy Requirements

    All Federal-wide public policies apply to IHS grants and cooperative agreements with exception of the Discrimination policy.

    Requirements for Project and Budget Narratives

    The project narrative (Parts A through D listed below) and budget/budget narrative should be a separate Word document not to exceed 12 pages total and must: Be single-spaced, type written, have consecutively numbered pages, use black type not smaller than 12 points, and be printed on one side only of standard size 81/2″ x 11″ paper.

    Be sure to succinctly but completely answer all questions listed under the evaluation criteria (refer to Section V.1, Evaluation criteria in this announcement) and place all responses and required information in the correct section (noted below), or they will not be considered or scored. These narratives will assist the Objective Review Committee (ORC) in becoming familiar with the applicant's activities and accomplishments prior to this possible cooperative agreement award. If the narrative exceeds the page limit, only the first 12 pages will be reviewed. The 12 page limit for the project narrative and budget/budget narrative does not include the work plan, standard forms, Tribal resolutions, table of contents, and/or other appendix items.

    A. Project Narrative: (10 Pages)

    There are four (4) parts to the project narrative:

    Part A—Statement of Need;

    Part B—Project Narrative/Proposed Approach;

    Part C—Organizational Capacity and Staffing/Administration; and,

    Part D—Performance Measurement Plan and Evaluation;

    Below are additional details about what must be included in the project narrative.

    Part A: Statement of Need (2 Pages)

    The statement of need describes the history and catchment area currently served by the applicant YRTC, including Tribal communities (“community” means the applicant's Tribe, village, Tribal organization, or consortium of Tribes or Tribal organizations). The statement of need provides the facts and evidence that support the need for the project and establishes that the YRTC understands the problems and can reasonably address them. The statement of need must not exceed two single-spaced pages. This section must also succinctly but completely answer the questions listed under the evaluation criteria in Section V.1.A Statement of Need.

    • Describe the current service gaps, including disconnection between available services and unmet needs of AI/AN youth, up to and including age 24, and their families. This should include services at the YRTC and in communities where youth reside.

    • Describe the need for an enhanced infrastructure to increase the capacity to implement, sustain, and improve effective aftercare activities offered to youth exiting YRTC care and any other service gaps and problems related to the need for infrastructure development within the YRTC.

    Part B: Project Narrative/Proposed Approach (4 Pages)

    State the purpose, goals and objectives of your proposed project. Clearly state how proposed activities address the needs detailed in the statement of need. Describe fully and clearly plans to meet the six objectives of this funding announcement outlined in the Purpose Section of this announcement. Each objective should be addressed with a corresponding timeframe. This section must succinctly but completely answer the questions listed under the evaluation criteria in Section V.1.B Project Narrative/Proposed Approach. Provide a work plan for year one project period that details expected key activities, accomplishments, and include responsible staff. [Note: The timeline will not count towards the 10 page limit and should be added as an attachment.]

    Projects supported through the YRTC Aftercare shall address each objective with specific attention to activities detailed below:

    1. Describe plans to increase capacity for aftercare/case management services:

    (a) Detail how project will provide support for an additional YRTC coordinator or case management role to:

    i. Establish, in partnership with youth, a post treatment plan.

    ii. Develop partnerships with service providers and community programs at the community level.

    iii. Improve engagement with families and support systems of AI/AN youth while in YRTC care. Suggested activities may include travel assistance for family members to increase participation during youth treatment and positive parenting curriculum to parents while their youth is in care and post-treatment.

    (b) Provide Peer Recovery Support Specialist certification

    i. Increase placement of peer-to-peer support in partnering community sites where youth reside after discharge.

    ii. Provide ongoing training to Peer Recovery Support Specialists from local communities.

    2. Describe a plan to create and train community support systems using evidence-based care.

    (a) This may include how to identify signs of relapse, how to identify signs of mental health distress, how to navigate community referral processes, positive parenting, and how to manage prescription drugs.

    3. Describe projected plans to identify and implement best practices for administering transitional services.

    (a) This may include assistance with: Planning for education, referring to natural helpers, referral for housing, accompanying youth to outpatient or other community services, accessing culturally appropriate interventions, consultation with employers, home visiting programs, in-home evaluations of family or living situations, home visiting, parenting support, and transitioning to adult services.

    4. Include expected sources and approach to explore and identify new avenues for incorporating social media into aftercare practices (e.g., production of peer to peer support applications for encouragement to find aftercare support through interactive technology).

    5. Describe a plan that will support data collection for post residential discharged youth through established data collection plans including post treatment outcomes for AI/AN youth at 30, 60, 90 days, 6 months and one year through a data collection process. (See Section V.1.D Performance Measurement Plan and Evaluation Plan.)

    6. Describe a plan to develop evaluation and dissemination activities including lessons learned throughout the three years of funding. This should include presentations at conferences and webinars targeted at the IHS funded YRTCs.

    Part C: Organizational Capacity and Staffing/Administration (2 Page)

    This section should describe your organization's significant program activities and accomplishments over the past three years outlined by the goals listed under the Purpose Section of this announcement. Current staff and future positions should also be outlined. This section must succinctly but completely answer the questions listed under the evaluation criteria in Section V.1.C Organizational Capabilities and Staffing/Administration.

    • Identify qualified professionals who will implement proposed grant activities, administer the grant, including progress and financial reports.

    • Identify staff to maintain open and consistent communication with the IHS program official on any financial or programmatic barriers to meeting the requirements of the award.

    • Describe the organization's plan to hire or provide salary costs for full-time equivalent (FTE) additional YRTC coordinator or case manager.

    • Describe the organizations current system and ability to develop partnerships with service providers and community programs including families and support systems of AI/AN youth residents.

    • Describe potential project partners and community resources in the catchment area that can participate in the planning process and infrastructure development.

    Part D: Performance Measurement Plan and Evaluation (2 Pages)

    This section of the application should describe efforts to collect and report project data that will support and demonstrate YRTC Aftercare Pilot Project activities. YRTC Aftercare grantees will be required to collect and report data pertaining to activities, processes and outcomes. Data collection activities should capture and document actions conducted throughout awarded years including those that will contribute to relevant project impact. This section should also describe applicant's plan to evaluate program activities including any evidence-based treatment programs implemented. The evaluation plan should describe expected results and any identified metrics to support program effectiveness. Evaluation plans should incorporate questions related to outcomes and process including documentation of lessons learned. This section must succinctly but completely answer the questions listed under the evaluation criteria in Section V.1.D Performance Measurement Plan and Evaluation Plan.

    • Describe in a brief narrative a plan to monitor activities under each objective, demonstrate progress towards program outcomes and inform future program decisions over the three-year project period.

    • Reporting on this plan will occur on an annual basis and at the end of the project period. IHS will work with awardees during the first six months of the project period to finalize an evaluation and performance measurement plan to better monitor the progress of the activities implemented and outcomes achieved.

    • Describe proposed evaluation methods including performance measures and other data relevant to evaluation outcomes including intended results (i.e., impact and outcomes), include any partners who will assist in evaluation efforts if separate from the primary applicant.

    B. Budget and Budget Narrative (2 Pages)

    This narrative must include a line item budget with a narrative justification for all expenditures identifying reasonable allowable, allocable costs necessary to accomplish the goals and objectives as outlined in the project narrative. The budget should match the scope of work described in the project narrative. The budget and budget narrative should not exceed two pages. This section must succinctly but completely answer the questions listed under the evaluation criteria in Section V.1.E Budget and Budget Narrative.

    3. Submission Dates and Times

    Applications must be submitted electronically through Grants.gov by 11:59 p.m. Eastern Daylight Time (EDT) on the Application Deadline Date listed in the Key Dates section on page one of this announcement. Any application received after the application deadline will not be accepted for processing, nor will it be given further consideration for funding. Grants.gov will notify the applicant via email if the application is rejected.

    If technical challenges arise and assistance is required with the electronic application process, contact Grants.gov Customer Support via email to [email protected] or at (800) 518-4726. Customer Support is available to address questions 24 hours a day, 7 days a week (except on Federal holidays). If problems persist, contact Mr. Gettys ([email protected]), DGM Grant Systems Coordinator, by telephone at (301) 443-2114 or (301) 443-5204. Please be sure to contact Mr. Gettys at least ten days prior to the application deadline. Please do not contact the DGM until you have received a Grants.gov tracking number. In the event you are not able to obtain a tracking number, call the DGM as soon as possible.

    4. Intergovernmental Review

    Executive Order 12372 requiring intergovernmental review is not applicable to this program.

    5. Funding Restrictions

    • Pre-award costs are not allowable.

    • The available funds are inclusive of direct and appropriate indirect costs.

    • Only one grant/cooperative agreement will be awarded per applicant.

    • IHS will not acknowledge receipt of applications.

    6. Electronic Submission Requirements

    All applications must be submitted electronically. Please use the http://www.Grants.gov Web site to submit an application electronically and select the “Find Grant Opportunities” link on the homepage. Follow the instructions for submitting an application under the Package tab. Electronic copies of the application may not be submitted as attachments to email messages addressed to IHS employees or offices.

    If the applicant needs to submit a paper application instead of submitting electronically through Grants.gov, a waiver must be requested. Prior approval must be requested and obtained from Mr. Robert Tarwater, Director, DGM, (see Section IV.6 below for additional information). A written waiver request must be sent to [email protected] with a copy to [email protected] The waiver must: (1) Be documented in writing (emails are acceptable), before submitting a paper application, and (2) include clear justification for the need to deviate from the required electronic grants submission process.

    Once the waiver request has been approved, the applicant will receive a confirmation of approval email containing submission instructions and the mailing address to submit the application. A copy of the written approval must be submitted along with the hardcopy of the application that is mailed to DGM. Paper applications that are submitted without a copy of the signed waiver from the Director of the DGM will not be reviewed or considered for funding. The applicant will be notified via email of this decision by the Grants Management Officer of the DGM. Paper applications must be received by the DGM no later than 5:00 p.m., EDT, on the Application Deadline Date listed in the Key Dates section on page one of this announcement. Late applications will not be accepted for processing or considered for funding. Applicants that do not adhere to the timelines for System for Award Management (SAM) and/or http://www.Grants.gov registration or that fail to request timely assistance with technical issues will not be considered for a waiver to submit a paper application.

    Please be aware of the following:

    • Please search for the application package in http://www.Grants.gov by entering the CFDA number or the Funding Opportunity Number. Both numbers are located in the header of this announcement.

    • If you experience technical challenges while submitting your application electronically, please contact Grants.gov Support directly at: [email protected] or (800) 518-4726. Customer Support is available to address questions 24 hours a day, 7 days a week (except on Federal holidays).

    • Upon contacting Grants.gov, obtain a tracking number as proof of contact. The tracking number is helpful if there are technical issues that cannot be resolved and a waiver from the agency must be obtained.

    • Applicants are strongly encouraged not to wait until the deadline date to begin the application process through Grants.gov as the registration process for SAM and Grants.gov could take up to fifteen working days.

    • Please use the optional attachment feature in Grants.gov to attach additional documentation that may be requested by the DGM.

    • All applicants must comply with any page limitation requirements described in this funding announcement.

    • After electronically submitting the application, the applicant will receive an automatic acknowledgment from Grants.gov that contains a Grants.gov tracking number. The DGM will download the application from Grants.gov and provide necessary copies to the appropriate agency officials. Neither the DGM nor the DBH will notify the applicant that the application has been received.

    • Email applications will not be accepted under this announcement.

    Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)

    All IHS applicants and grantee organizations are required to obtain a DUNS number and maintain an active registration in the SAM database. The DUNS number is a unique 9-digit identification number provided by D&B which uniquely identifies each entity. The DUNS number is site specific; therefore, each distinct performance site may be assigned a DUNS number. Obtaining a DUNS number is easy, and there is no charge. To obtain a DUNS number, you may access it through http://fedgov.dnb.com/webform, or to expedite the process, call (866) 705-5711.

    All HHS recipients are required by the Federal Funding Accountability and Transparency Act of 2006, as amended (“Transparency Act”), to report information on sub-awards. Accordingly, all IHS grantees must notify potential first-tier sub-recipients that no entity may receive a first-tier sub-award unless the entity has provided its DUNS number to the prime grantee organization. This requirement ensures the use of a universal identifier to enhance the quality of information available to the public pursuant to the Transparency Act.

    System for Award Management (SAM)

    Organizations that were not registered with Central Contractor Registration and have not registered with SAM will need to obtain a DUNS number first and then access the SAM online registration through the SAM home page at https://www.sam.gov (U.S. organizations will also need to provide an Employer Identification Number from the Internal Revenue Service that may take an additional 2-5 weeks to become active). Completing and submitting the registration takes approximately one hour to complete and SAM registration will take 3-5 business days to process. Registration with the SAM is free of charge. Applicants may register online at https://www.sam.gov.

    Additional information on implementing the Transparency Act, including the specific requirements for DUNS and SAM, can be found on the IHS Grants Management, Grants Policy Web site: http://www.ihs.gov/dgm/policytopics/.

    V. Application Review Information

    The instructions for preparing the application narrative also constitute the evaluation criteria for reviewing and scoring the application. Weights assigned to each section are noted in parentheses. The 10 page project narrative and 2 page budget/budget narrative should include only the first year of activities; information for multi-year projects should be included as an appendix. See “Multi-year Project Requirements” at the end of this section for more information. The narrative section should be written in a manner that is clear to outside reviewers unfamiliar with prior related activities of the applicant. The project narrative and budget/budget narrative should be well organized, succinct, and contain all information necessary for reviewers to understand the project fully. Points will be assigned to each evaluation criteria adding up to a total of 100 points. A minimum score of 65 points is required for funding. Points are assigned as follows:

    1. Evaluation Criteria

    Applications will be reviewed and scored according to the quality of responses to the required application components in Sections A-E outlined below. In developing the required sections of this application, use the instructions provided for each section, which have been tailored to this program. The application must use the five sections (Sections A-E) listed below in developing the application. The applicant must place the required information in the correct section or it will not be considered for review. The application will be scored according to how well the applicant addresses the requirements for each section listed below. The number of points after each section heading is the maximum number of points the review committee may assign to that section. Although scoring weights are not assigned to individual bullets, each bullet is assessed deriving the overall section score.

    A. Statement of Need (25 Points)

    The statement of need should not exceed two single-spaced pages. Applications will be evaluated based on following criteria:

    • Identify the proposed catchment area and provide demographic information on the population(s) to receive services through the targeted systems or agencies, e.g., race, ethnicity, Federally recognized Tribe, language, age, socioeconomic status, sexual identity (sexual orientation, gender identity), or other relevant factors, such as substance use rates or related health outcomes related to substance use. Describe the stakeholders and resources in the catchment area that can help implement the needed infrastructure development.

    • Based on the information and/or data currently available, document the need for an enhanced infrastructure to increase the capacity to implement, sustain, and improve effective aftercare activities offered to youth exiting YRTC care.

    • Based on available data, describe the service gaps and other problems related to the need for infrastructure development within the YRTC. Identify the source of the data. Documentation of need may come from a variety of qualitative and quantitative sources. Examples of data sources for the quantitative data that could be used are local epidemiologic data (TECs, IHS area offices), state data (e.g., from state needs assessments), and/or national data (e.g., SAMHSA's National Survey on Drug Use and Health or from National Center for Health Statistics/Centers for Disease Control reports, and census data). This list is not exhaustive; applicants may submit other valid data, as appropriate for the applicant's program.

    B. Project Narrative/Proposed Approach (30 Points)

    The project narrative required components (listed as the four components in “Requirements for Project Narrative”) together should not exceed 10 single-spaced pages. Applications will be evaluated based on following criteria:

    • Describe the purpose of the proposed project, including a clear statement of goals and objectives. The proposed project narrative is required to address all six objectives listed for Youth Aftercare.

    1. Provide aftercare and case management services.

    2. Create and train community support systems in evidence-based care.

    3. Identify and implement best practices for increasing access to transitional services.

    4. Incorporate social media into aftercare practices.

    5. Increase data collection for post residential discharged youth.

    6. Evaluate and disseminate information among all YRTC facilities.

    • Describe how project activities will increase the capacity of a YRTC to improve the coordination of a collaborative behavioral health and wellness service systems including families and partner communities. Describe anticipated barriers and how these barriers will be addressed.

    • Describe how the proposed project will address issues of diversity for AI/AN youth up to and including age 24 including race/ethnicity, gender, culture/cultural identity, language, sexual orientation, disability, and literacy.

    • Describe how AI/AN youth up to and including age 24 and families may receive services and how they will be involved in the planning and implementation of the project.

    • Describe how the efforts of the proposed project will be coordinated with any other related Federal grants, including IHS, SAMHSA, or BIA services provided in the community (if applicable).

    • Provide a work plan for year one project period that details expected key activities, accomplishments, and include responsible staff. [Note: The timeline will not count towards the 10 page limit and should be added as an attachment.]

    C. Organizational Capacity and Staffing/Administration (15 Points) Applications will be evaluated based on following criteria:

    • Describe the management capability of the YRTC, applicant Tribe, and other participating organizations in administering similar cooperative agreements and projects.

    • Identify staff to maintain open and consistent communication with the IHS program official on any financial or programmatic barriers to meeting the requirements of the award.

    • Identify the department/division that will administer this project. Include a description of this entity, its function and its placement within the organization (Tribe, Tribal organization, or UIO) and its direct link to YRTC management.

    • Discuss the applicant Tribe, Tribal organization, or UIO experience and capacity to provide culturally appropriate/competent services to the community and specific populations of focus.

    • Describe the resources available for the proposed project (e.g., facilities, equipment, information technology systems, and financial management systems).

    • Identify other organization(s) that will participate in the proposed project. Describe their roles and responsibilities and demonstrate their commitment to the project. Include a list of these organizations as an attachment to the project proposal/application. In the attached list, indicate the organizations that the Tribe, Tribal organization, or UIO has worked with or currently works with. [Note: The attachment will not count as part of the 10 page limit.]

    • Describe how project continuity will be maintained if/when there is a change in the operational environment (e.g., staff turnover, change in project leadership, change in elected officials) to ensure project stability over the life of the grant.

    • Provide a list of staff positions for the project, project director, project coordinator/caseworker, and other key personnel, showing the role of each and their level of effort and qualifications. Demonstrate successful project implementation for the level of effort budgeted for the behavioral health staff, project director, project coordinator, and other key staff.

    • Include position descriptions as attachments to the application for the project director, project coordinator/caseworker, and all key personnel. Position descriptions should not exceed one page each. [